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HomeMy WebLinkAbout2009-028-03/24/2009-AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH WEST FORT COLLINS WATER DISTRICT TO ESTABLISH THE DI RESOLUTION 2009-028 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH WEST FORT COLLINS WATER DISTRICT TO ESTABLISH THE DISTRICT'S PUBLIC WATER SYSTEM AS A CONSECUTIVE SYSTEM CONNECTED TO THE CITY'S WHOLESALE PUBLIC WATER SYSTEM WHEREAS,the City operates a"public water system"which is considered a public drinking water"supply system"as defined by the State of Colorado, State Board of Health Primary Drinking Water Regulations ("CPDWR"); and WHEREAS,the West Fort Collins Water District(the"District")currently operates,within its territory, a"consecutive system" as defined under CPDWR Section 1.5.2(23) that is connected to the public water system of the City and is therefore subject to those provisions of the CPDWR that apply to consecutive systems and WHEREAS, in order for the City to operate its water supply system in accordance with applicable legal requirements and in order to protect the integrity of that system and the quality of the public water supply provided thereby, it is necessary for the City to maintain or ensure a certain level of information sharing, control and accountability with respect to the District's consecutive system; and WHEREAS, the CPDWR allow the City and the District as owners of their respective systems to delineate their particular responsibilities regarding applicable monitoring requirements, to assign legal responsibility for compliance with various rules, and to describe a process for cooperation regarding drinking water quality issues in a legally binding agreement; and WHEREAS, City staff and District staff have negotiated a proposed intergovernmental agreement, a copy of which dated March 17, 2009, is on file in the office of the City Clerk and available for public inspection (the "Agreement"); and WHEREAS, the Agreement is intended to specifically address the responsibilities that directly relate to the CPDWR requirements that are applicable to consecutive systems,and therefore to the City's supply system; and WHEREAS,City staff and the District have negotiated and memorialized in the Agreement the delineation of responsibilities for applicable drinking water quality monitoring and reporting requirements as well as customer notification between the two entities; and WHEREAS, Section 29-1-203, C.R.S., authorizes governmental entities to cooperate and contract with one another in order to provide any function, service, or facility lawfully permitted to each if such a contract is properly authorized by each party thereto; and WHEREAS,the City is authorized to enter into intergovernmental agreements to provide any function, service or facility, pursuant to Article II, Sectionl6 of the City Charter and City Code Section 1-22. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to enter into the Agreement with the District for the purpose of establishing the District's public water system as a consecutive system that is connected to the City's wholesale public water system and for the other above-described purposes, and to make such amendments or modifications to the Agreement as the City Manager may, in consultation with the City Attorney,determine to be necessary or appropriate to protect the interests of the City or to advance the objectives set forth herein. Passed and adopted at a regular meeting of the Coutycffi -69T the City of Fort Collins this 24th day of March A.D. 2009. Mayo ATTEST: J City-Clerk