C150352 Intergovernmental Agreement

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r,' • • • INTERGOVERNMENTAL AGREEMENT FOR STORMWATER COOPERATION AND MANAGEMENT THIS INTERGOVERNMENTAL AGREEMENT FOR STORMWATER COOPERA- TION AND MANAGEMENT (this "Agreement"), entered into this 17 rH day of,/ u 4u-S>-, 2008, by and among THE BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO (the "County"); THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (the "City"); and THE TOWN OF WET J,INGTON, COLORADO, a statutory municipality(the"Town"). • WITNESSETH: WHEREAS,recent growth in the Fort Collins Urban Growth Area(the "City UGA") and ._ the Wellington Urban Growth Area(the"Town UGA") suggests that increased coordination and cooperation between the City, the Town and the County may result in better management, problem resolution, design, construction, maintenance and joint financing of stormwater facilities;and WHEREAS, the City has established and currently operates its own stormwater utility and its own stormwater utility enterprise (hereinafter referred to jointly as the"City Stormwater Utility Enterprise") to provide and finance stormwater services within the City; and WHEREAS, the Town has not established a stormwater utility but intends to do so and further intends to operate such stormwater utility as a stormwater utility enterprise (the "Town Stortnwater Utility Enterprise") to provide and finance stormwater services within the Town;and WHEREAS, the County currently collects a stormwater impact fee at the time of development of properties within the Boxelder Creek Basin ("Boxelder Basin" or the `Basin"). below County Road 70; and WHEREAS, the Boxelder Creek Floodplain (the"Boxelder Floodplain")is designated in a Flood Insurance Study prepared by the Federal Emergency Management Agency and dated December J 9,2006;and WHEREAS, the County is authorized to establish, expand and operate a stormwater utility or stormwater utility enterprise throughout all portions of the Boxelder Basin that are located solely within the boundaries of the County and outside any municipality; pursuant to C.R.S. Section 30-11-L7(I)(w), Section 30-20-401, et seq., and Section 37-45.1-101, et seq.; and WHEREAS, a basin master plan titled `Boxelder Creek Regional Stormwater Master Plan" dated October 2006 and prepared by PBS&J Consulting Engineers (the "Plan"). has been adopted by the City,the Town and the County;and WHEREAS, recent engineering studies indicate that constructing stormwater facilities •