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Home My WebLink AboutPACKET Town Board Study Session 2018-02-13 (Larimer County) (Director Muhonen) (Board Discussion) 1 2 ADMINISTRATION Memo To: From: Date:February 13, 2018 RE: n/a 3 4 PUBLIC WORKS Report To: Through: From: Date: RE: 5 6 7 8 9 10 11 DRAFT#3, 01/29/2018 INTERGOVERNMENTAL AGREEMENT FOR STORMWATER COOPERATION AND MANAGEMENT (LARIMER COUNTY – TOWN OF ESTES PARK) THIS INTERGOVERNMENTAL AGREEMENT FOR STORMWATER COOPERATION AND MANAGEMENT (this “Agreement”)entered intothis______day of _____________,2018,by and betweenthe BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO, (the “County”), the TOWN OF ESTES PARK, COLORADO(the “Town”). RECI TALS The County and the Town, through the terms and provisions of theIGA effective February 1, 2000, designated the Estes Valley Development Code Boundary(the “Estes Valley”)to establish aunifiedland use process for the Estes Valley. The Estes Valleyencompasses substantially all of the five major drainage basins within theEstes Valleyknown as the Dry Gulch Watershed, Black Canyon Creek Watershed, Fall River Watershed, Big Thompson River Watershed, and the Fish Creek Watershed. The E stes Valleyand the five major drainage basins are shownon Exhibit A attached hereto and incorporated herein by reference. The Townengaged Anderson Consulting Engineers Inc. to prepare the Estes Valley Stormwater Master Plan (the “Plan”). As par t of the Plan, the Town also engaged AndersonConsulting Engineers Inc. and Headwaters Corporation to prepare the Stormwater Utility Feasibility Study(the “Feasibility Study”). The Town and the County have adopted the Estes Valley Stormwater Master Plan and Stormwater Utility Feasibility Study. Based upon the Plan and the Feasibility Study, the Town has determined to establish a stormwater utility(the “Town Stormwater Utility”)and operate theTown Stormwater Utility as an enterprise to design,finance, construct and maintain Stormwater Facilitieswithin the Estes Valley. TheTown and theCounty havethe authority to collect stormwater fees within the PlanAreaandto use said fees for thedesign, financing, constructionand maintenance of Stormwater Facilitiesin the Estes Valley. 12 s the best interest of the Partiesto work cooperatively in the design, financing, It i construction and maintenanceof Stormwater Facilitiesin the Estes Valley. The Town and the County agree that the Town will assume primary responsibility, subject to coordination with the County, for managing the design, financing,constructionand maintenanceof Stormwater Facilitieswithin the Estes Valley pursuant to the terms of this Agreement. TheTown and the County desire to enter into this Agreement in order to specify the duties and responsibilities of each Party with respect to the design, financing, construction and maintenance of Stormwater Facilitieswithin the Estes Valleypursuant to the Planand Feasibility Study. The Town and the County are authorized to enter into this Agreement pursuant to the applicable statutes of the State of Colorado. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Partieshereto agree as follows: 1.Definitions. The following definitions shall have the meanings assigned thereto as provided in this Section 1 unless the context clearly requires a different meaning: “Agreement” means this Intergovernmental Agreement for Stormwater Cooperation and Management and any amendments thereto. “County” means Larimer County, Colorado. “Operation and Maintenance” means the ongoing maintenance, operation, repair and replacement of Stormwater Facilities. “Plan” means the Estes Valley Stormwater Master Plan and any amendments thereto approved by the County and the Town. “Feasibility Study” means the Stormwater Utility Feasibility Study and any amendments thereto approved by the County and the Town. “Stormwater Facilities” means, without limitation, detention areas or flood storage areas; reservoirs; open channels; culverts, spill structures; diversion and confinement berms; utility relocations; road crossing structures; bridges; water quality enhancement features; and landscaping of disturbed areas. 13 “Estes Valley” means the geographicarea as more fully set forth on Exhibit A includingany change in the area agreed to by the County and the Town. “Stormwater Service Fee” means a recurring, monthly fee charged to all property owners within the Estes Valley. “StormwaterDevelopment Fee” means a one-time charge imposed upon the development of property at the issuance ofa building permit with respect to property in the Estes Valley, for the purpose of recovering a reasonable portion of the existing or future capital investments in the Stormwater Facilities. 2.The Town hasthe following duties and responsibilities: a.The Town shall establish a Stormwater Utility Enterprise to manage the design, financing, construction and maintenanceof Stormwater Facilities within the Estes Valley. b.The Town shall adopt the Stormwater Service Fee and Stormwater Development Fee asset forth on Exhibit B attached hereto and incorporated herein by referenceand adjust the Fees periodically, if appropriate. c.The Town shall be responsible for obtaining any necessary stormwater permits or other governmental approvals for its activities within the Estes Valley. d.The Town shall be responsible for billingand collecting the Stormwater Service and StormwaterDevelopment Ffees from property owners within the Estes Valleyincluding those property owners within unincorporated Larimer County. e.The Town shall maintainanaccurate accounting of all revenuesand expensesof the Town’s Stormwater Utility and provide the same to the County on at least an annual basis. 3.The County will have the following duties and responsibilities: a.The County shall adopt the Stormwater Service Fee and Stormwater Development Fee as set forthon Exhibit B attached hereto and incorporated herein by referenceand adjust the Fees periodically, if appropriate. b.The County shall cooperate with the Town in the Town’s management and operation of the design, financing, construction and maintenanceof Stormwater Facilitieswithin the Estes Valley. 14 4.The Town and the County shall jointly have the following duties and responsibilities: a.The Town and the County shall each designate a representative to be the official contact for each Party in regard to any activities or responsibilities of each Party pursuant to this Agreement. b.The Town’s and the County’s financial obligationsare subject toannual appropriationandbudgetingof funds to discharge each Party’sobligationsin this Agreement. Nothing in this Agreement shall create a payment guaranty by either Party or debt or multiple fiscal year financial obligation under the Colorado Constitution or State statutes. c.The Town and the County agree to acquire rights-of-way, easements, and other interest in real property in their respective jurisdictions for Stormwater Facilities. Each Partyshall be responsible for the costs of obtaining those real property interest in their respective jurisdictions. Each Party may consider the use of eminent domain to acquire any necessary property interest for Stormwater Facilities in the event a negotiated purchase of a required property interest is not feasible. d.The Town and the County agree to review and, if appropriate, incorporate regulations within the Estes Valley Development Code for the purpose of requiring land use developments to provide necessary drainage easements, facilities, and pay the Stormwater Development Fee in furtherance of the Plan. e.The Parties agree through their designated representatives, to periodically review the Stormwater Service and Stormwater Development Fees, the funding necessary to continue the design, financing, construction and maintenance of Stormwater Facilities, any necessary amendments to this Agreement, and any other matters the Parties deem necessary to further the design, financing, construction and maintenance of Stormwater Facilities within the Estes Valley. 5.The Parties agree that all Stormwater Service and Stormwater Development Fees collected shall be used exclusively for the design, construction, maintenance, and operation of Stormwater Facilities and administrativecosts of the Town’s Stormwater Utility. 6.The Town’s Stormwater Utility shall prepare an annual budget as part of the Town’s overall annual budgeting process. The Town shall obtain approval from the County ofthe annual Stormwater Utility budget prior to the adoption of its overall annual budget. The County’s approval of the Stormwater Utility budget shall not be unreasonably withheld. 15 e Parties agree that any Stormwater Facility’s project with an estimated cost 7.Th over $_______________, shall receive prior approval from both the Town and the County. 8.Miscellaneous Provisions: a.Notice. Any notice required or permitted by this Agreement will be deemed effective when personally deliveredin writing or three (3) days after notice is deposited with the U.S. Postal Service, postage prepaid, certified, and return receipt requested, and addressed as follows: County: Board of County Commissioners, Larimer County, Colorado Attn: County Engineer P O Box 1190 Fort Collins, CO 80522 Town:Town of Estes Park Attn: Engineering Manager P.O. Box 1200 Estes Park, CO 80517 a.This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. b.This Agreement is made in and shall be construed and interpreted in accordance with the laws of the State of Colorado. c.This Agreement shall not be assigned byeither of the Parties hereto without the prior written consent of the other Party. d.This Agreement shall be construed according to its fair meaning and as if prepared by both Parties hereto and shall be deemed to be and contain the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement. There shall be deemed to be no other terms, conditions, promise, understandings, statements or representations, either expressed or implied, concerning this Agreement unless as set forth in any subsequent writing signed by both of the Parties hereto. e.The Parties agree to cooperate in good faith in fulfilling the terms of this Agreement. The Parties agree that they will attempt to resolve, by good faith negotiations before reverting to litigation, any disputes concerning the interpretation of this Agreement and any unforeseen questions and difficulties which may arise in implementing this Agreement. 16 BOARD OF COUNTY COMMISSIONERS LARIMER COUNTY, COLORADO By: Chair ATTEST: DeputyClerk APPROVED AS TO FORM: _______________________________ Assistant County Attorney THE TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: TownClerk APPROVED AS TO FORM: _______________________________ Town Attorney 17