HomeMy WebLinkAbout2005 Ordinance No. 017•
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ORD INANCE No .L7
SE RIE S OF 1005 --
BY AUTHOR ITY
CONTRACT NO 'f"' 9 b iii ' ..,-kos-
COUNC IL BILL NO . 12
INTRODU CE D BY COUNC IL
MEMBER WOLOSYN
AN ORDINANCE APPROV ING AN INTERGOVERNMENTAL AGREEMENT
BET WEEN THE CITY OF ENGLEWOOD , COLORADO AND ARAPAHOE coui'QV
SC HOOL DISTRJCT NO. I fOR A MS4 STORMWATER PERM IT .
WHEREAS , th e Stomnvatcr Fund was es tab li shed in 1993 to provide sys tem
maintenance, NPDES permitting, plan re views and field loca tes but did not provide for
major capi tal impro ve ment s and rehabilitation ; and
WHEREAS , the City has drafied an app li catio n to the Co lorado Water Qua lit y
Co nt ro l Division for approval of a MS4 Stormwater Permit; and
WHEREAS , the Arapahoe Co unt y School Di stri ct No . I, Eng lewood Schoo ls has
bee n classified as a "non standard municipality" for the purpose of obtaining a MS4
Permi t; and
WHEREAS , in li eu of developing the School District 's ow n program and obtaining a
se parate MS4 Stormwater Permit, the School District would lik e to parti ci pate with the
Ci ty and be cov ered under th e City's Stormwa ter Application and pem,it ; and
WHEREAS, th e Ci ty is wi llin g to include th e School District 's prop erty with the
Cit y's app licatio n, upon th e co nditi on th at the Schoo l District sign an
inlcrgovcrnmcntal agre ement for development, implemen tation and cnforccmcnl of
Eng lewood's Municipal Stormwa tcr Program within Eng lcwoori's n:1d the Schoo l
District 's boundarie s; and
WHEREAS, th e passage of this Ordina nce will au th orize a intergovernmental
agreement between th e Ci ty and th e Englewood Sc hoo l District for 1•1e MS4
Stormw atcr Permit :
NOW. THEREFORE , BE IT ORD \INED BY THE CIT Y COUNC IL OF TH E CITY
OF ENGLEWOOD. COLORADO. AS FOLLOWS :
~I. The Int ergovern men tal Ag reement between Arapahoe County Schoo l
Di stri ct I and the Ci ty of Eng lewood, Colorado for the School District to be covered
under Englewood's stormw Jtrr applica ti on and MS4 Stormwater Permit , attac hed as
"Ex hibit A', is hereby accepted and approved by the Eng lewood Ci ty Co un cil.
Section 2. The Ma yo r is aut ho ri zed to execute and the City Clerk to atte st and sea l
the Agreeme nt for and on behalf of the Cit y of Englewood, Co lorado .
Int roduced, read in full, and passed on fir st reading on th e 18th day of Apri l, 2005 .
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Publi shed as n Bill fo r an Ordinance on the 22nd day of Ap ril, 2005 .
Read by title and passed on final rea din g on the 2nd da y of May , 2005 .
Publi shed by titl e as Ordinance No. /2._, Se ri es of 2004 on th e 6" day of Mny ,
20054 .
I, Loucrishia A . Ellis , C ity Clerk of the Ci ty of Englewoo d, Co orado, hereby
certify that the above and foregoing is a true cov'lff the Ordin c passed on final
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lNTERGOVERNMENT AL AGREEMENT
CITY OF Fi'IGLEWOOD AND
ARAPAHOE COUNTY SCHO L DISTRICT NO. 1
THIS INTERGOVERNMENTAL AGREEMENT ("Contract"), is entered into this
__ day of ____ ,, 2004, by and between the CITY OF ENGLEWOOD, whose
address is I 000 Englewood Parkway, Englewood, Colorado 80110 ("City"), and
ARAPAHOE COUNTY SCHOOL DISTRICT NO . I, whose address is 4101 S.
Bannock Street, Englewood, Colnrado 80110 ("District"). The City and the District
are jointly referred to as the "Parties" in this Contract.
RECITALS
A. WHEREAS, the City has finalized its application to the Colorado Water
Quality Control Division ("Division") for approval of a Colorado Discharge Permit
Sys tem ("COPS ") Stormwater Management Program ;
B. WHERE.-\.S, the Division classified the City as a standard ~ .,ic ipal Separat~
Stormwater Sewer System ("MS4 ") .
C. WHEREAS, the Di vis ion assigned COPS Permit No. COR-090056 to the City
("City 's MS.\ permit");
D. WHERE.-\.S, the Di visio n classified the District as a nonmndard municipality
for permit purposes ;
E. WHERE.-\.S, the City's MS.\ pe rmit boundary includes prope•.1i es owned by the
District;
F. WHERE .-\.S , the City is held responsible by the Division for all of the City 's
MS.\ permit requirements; rega rdl ess of the agency which is :,erforming the
implementation ;
-G. ""WHEREAS, the District wishes to be covered by the City 's !,IS.\ permit rather
than obtaining its own permit;
H. WHEREAS, the City agrees to allow the District to be included in its MS.\
Permit under certain conditions;
I. WHEREAS, the City will be responsible for ensuring that the Di strict complies
with its MS4 permit requirements ; and
• 1. WHEREAS, the City and the District seek to define their obligations under the
City 's MS4 permit by entering into this intergovernmental agreement.
TERMS OF CONTRA CT
NOW, THEREFORE, IT IS AGREED by and between rhe Ciry and the District that :
I. GENERAL. The City and rhe District will have ;ommon and individual
progr am obligations unde r rhe Ciry 's MS-I permit . The Ciry will de velop common
program obligations and provide these to rhe District . The District will be responsible
for implementing these programs on properry owned by the Distr ict within the
District's boundaries The District's individual program obligations will be developed
and implemented by the District on behalf of rhe Ciry ,o comply with the permit.
2. RESPONSIBILITY FOR DISCHARGES . If the Division initiates an
enforcement action again st the Ciry for a violation of the City 's MS-I permit and the
discharges originate from a properry or properties o" nea h> ihe District, then the
District shall be solely re sponsible for addressing an y resulting enforcement measure•
directed at rht City by the Divisicn . If the dischar ges originate from a property or
properties other than those ownea by the Distr ict, then the City shall be solely
responsib le fo r add ressi ng the Divis it. ·, enforcement measure s.
3. Ml'NIMUM CONTROL MEASU RES . The Dis tri ct and the Cit y shall be
re sp onsible for implementing six (6) minimu m control measures ("MCvi") as
described below.
a. MCM 1 Public Educat io n and Outreach.
i. The District assens that the Di visi on has agreed to co nsider the
Distr ict 's one -time distribution of its temolate mat erials to the District's
teachers as com pliance wit h MCMl . ·
ii . The Di strict shall post on its website the Di vis ion 's template
mater ials and City 's genera l stormwater program in fo rm gtion .
111. Every ye ar on or before February 1st, the Dist rict shall pro vid e the
City with a report that details the District 's stat1is of integrating the
Di vis ion 's template materials into the curriculum and of posting the
Division's template materials and the City 's gen era l sto rmwater program
information on the District 's website. The City shall incorporate the
District's report into its annual report due to the Div ision every year in
March.
b. MCM2 Public Participa1ion/ln vobement . The City shall solely develop
and implement a Public Participation and Involvement Program . The District
has no obligations related to MCM2.
c . MCM3 Illicit Discharge Detection and Elimination .
i. The Ciry shall develop an Illicit Discharge Detection and
Eli minat io n Prog ram that shall be followed within the City's MS4 permit
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boundary . The District shall implement this Progrnm on properties
owned by the District.
ii. The City shall pro vi de the District with trainin.; materi als fo r the
Jllicit Discharge Detectio n an d Elimination Program . The District shall
train its employees , prim ari,y the Distric t's maintenance employees, to
monitor for and to re port illicit discharges .
111. The District sLall monitor for and report illicit discharges as
required by the Program .
MCM4 Construction Site Stormwater Runoff Control.
i. The City shall develop and implement a Construction Site
Stormwater Runoff Control Program.
ii . ConstructiOJl : \Vbe n the Distr ict has a qualifying construction
project, constructio n plan review and construction inspection will be
performed by the Distric t or under contract with the Di strict for
compliance with City ordinances /regulation s and for proper in st allation
and mainten ance of construction best management practices (BMP s).
The site plan reviews shall be performed under the direct supervision of
a Professional Eng inee r reg istered in the State of Colorado to determine
if the proposed plans are adequate and follow the requirements of the
City 's pe rmit.
ii i. MCM5 Post-Co nstruc tion Stormwater Management.
iv . Po st Construction: On qualifyi ng Distric t proje cts, permanent
operatio n and maintenance procedures will be developed and
implement ed by the District or under contract wi th the Distr ict for any
post-constru ction BMPs co nstructed as a requirement of the City's Po st-
Constructi on Prog ram .
e. MCM6 Pollution Pr event iop/Good Housekeeping . The City shall
develop an in-house training pro gram for City and Distr ict employees to
educate them a bout the impacts associated with illegal discharg es and improper
disrosal of waste from municipal operations . The City shall ~onduct the
training program for its employees , and the Distr ict shall conduct the training
program for its employees.
4. DISCRIMINATION. The Parties agree not to refuse to hire , to discharge , to
promote, to demote or to discrim inate in any matter of compensation, performance,
services or otherwise against any qualified person solely because of race, creed, sex,
color, national origin or ancestry .
5. AMENDMENTS . This Contract ma y not be modified , amended or otherwise
altered unless mutual ly agreed in writi ng by both Partie s.
6. AGENCY . For all purposes of this Contract, the City shall not be an agent or
representati ve of the Di strict, and the Distri ct sh all not be an agent or representati ve •
of the City.
7. ASS IG NMENTS. No party hereto shall assign or transfer its rights and
obl.i~ations under thii C.i ntr act without the written consent of the other party . This
Contract shall'bc bi!'.lding upon the Parties and/or their successors and assigns , if
proper written consent to assign or to rran sfer has been obtained.
8. NOTICES. All notices and communications required or perm itted by the
Contract shall be mailed or de livered to the City at the following add ress :
City of Englewood
1000 Englewood Parkway
Engle woo d, Colorado 801 !O
All notices and communications required or pe rmitted by the Contract shall be mailed
or delivered ro the Dis trict at the fo llowing address:
Arapahoe County School Di strict No.
4101 S. Bannoc k Stre et
Englewood , Colorado 801 10
9. RIGH T S OF THIRD PARTIES. Nothing herein shall be conmued as creating •
any personal liability on the part of an y officer or agent of any public body, which
ma y be part y here to , nor shall it be co nstrued as giving any rights or benefi ts to
anyone other than the Di strict lnd the City .
10. GO VERNING LAW . This Contract shall be governed by the laws of the State
of Colorado .
1 · SE VER..\BILITY . If any word, phrase or provision of this Contract is declared
by :•. court oi co mpetent jurisdic ti on to be invalid , vo id or unenforceable , then such
word , phrase or pr ovisio n shal l be deemed to be severable . All other provisions of
this Contract shall remain fully enfo rceab le, and this Contract shall be inferpreted in
all respects as if such provision wer e omitted.
12. PAR..\GR..\P H CAP TION S. The para graph captions are set forth onl y for
convenienc e and referen ce. The y are not intended in any way to define, limit , or
describe the scope or inte nt of this Contract.
13. TER~IINATION. Either party ma y termin ate this Agreement with one year's
notice to the other .
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• IN WITNESS WHEREOF , the Pilrlies have executed this Contract.
CITY OF ENGLEWOOD
ATTEST :
Douglas Garrett, Ma:ior
Loucrishia A. Ellis, City Clerk
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