C150352 Intergovernmental Agreement

• Contract/PO #: CT2015-069
• Contract/PO #: C150393
• Contractor Name: Boxelder Basin Regional Stormwater Authority
• Contract Type: Loan
• Water District: 3
• County: Larimer
• Loan Projects - Doc Type: Contract Documents

Management Practices is necessary and beneficial to the public health,safety and welfare; and
WHEREAS, each of the parties has materially relied on the participation of all parties to
this agreement and on the inclusion of all of the property within the defined Service Area to
accomplish the purposes set forth in this Agreement,and
WHEREAS, the City, the Town and the County desire to enter into this Agreement in
order to delineate the duties and responsibilities of each Member with respect to the proposed
stormwater improvements for the Boxelder Basin;and
WHEREAS, C.R.S. Section 29-1-203 authorizes the City, the Town and the County to
cooperate and contract with one another to provide any function, service or facility lawfully
authorized to each of them, which cooperation may include the sharing of costs and the incurring
of debt; and
WHEREAS, C.R.S. Section 30-20-402(1)(h) authorizes the County to enter into and
perform contracts with the City and the Town for or concerning the planning, construction, lease
or other acquisition and the financing of stormwater facilities and the maintenance and operation
thereof; and
WHEREAS, C.R.S. Section 29-1-204.2(1) provides that a combination of municipalities
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or other political subdivisions of this State may establish,by contract with each other, a separate
governmental entity, to be known as a drainage authority, to be used by such contracting
Members to effect the development of stormwater and drainage facilities for the benefit of the
inhabitants of such contracting Members or others at the discretion of the Directors; and
WHEREAS, C.R.S. Section•29-1-204.2(4) and (5) provides that a drainage authority
established by such contracting Members shall be a political subdivision and a public corporation
of the State, separate from the members to the contract and that it shall have the duties,
privileges, immunities, rights, liabilities, and disabilities of a public body politic-and corporate;
and
WHEREAS, the provisions of Articles 10.5 and 47 of Title 11, C.R.S., shall apply to
moneys of the entity and the bonds, notes and other obligations of a water or drainage authority
formed under the provisions of this Agreement shall not be the debts, liabilities or obligations of
the original contracting Members or Members that may enter the establishing contract in the
future; and
WHEREAS, C.R.S. Section 29-1-204.2(6) provides that the contracting members may
provide in the contract for payment to the separate governmental entity of funds from proprietary
revenues for services rendered by the entity, from proprietary revenues or other public funds as
contributions to defray the cost of any purpose set forth in the contract, and from proprietary
revenues or other public funds as advances for any purpose subject to repayment by the entity.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
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