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