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HomeMy WebLinkAboutResolution-1989-1173 RESOLUTION NO. 1173 Series of 1989 TITLE: RESOLUTION AUTHORIZING INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, JEFFERSON COUNTY, CITY OF LAKEWOOD, AND CONSOLIDATED MUTUAL WATER COMPANY REGARDING DESIGN AND INSTALLATION OF FLOOD DETECTION NETWORK FOR LENA GULCH WHEREAS, Section 14.2 of the Home Rule Charter of the City of Wheat Ridge authorizes the City Council, either by resolution or by ordinance, to enter into contracts or agreements with other governmental units for the provision of governmental services; WHEREAS, the above named parties entered into an agreement (Agreement No. 82-2.3) the 20th day of December, 1982, which agreement will be changed to include the option of the Urban Drainage and Flood Control District to buyout the shares in the Lena Gulch base station held by the other parties of the agreement; WHEREAS, the City Council of the City of Wheat Ridge wishes to approve the Intergovernmental Agreement attached hereto and incorporated herein for the purpose of allowing for the above additional provision in Agreement 82-2.3; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: 1. The intergovernmental agreement between the City of Wheat Ridge, Urban Drainage and Flood Control District, Jefferson County, the City of Lakewood, and the Consolidated Mutual Water Company, which is attached hereto and expressly incorporated herein, is hereby approved. 2. The Mayor and the City Clerk are hereby authorized to execute said intergovernmental agreement. DONE AND RESOLVED this 27th day of November 1989. ~~ DAN WILDE, MAYOR ATTEST: l.-' I' WANDA SANG, CITY CLERK - AGREEMENT REGARDING THE DESIGN AND INSTALLATION OF A FLOOD DETECTION NETWORK FOR LENA GULCH Agreement No. 82-2.3A THIS AGREEMENT, made this day of , 1989, by and between the URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"); JEFFERSON COUNTY (hereinafter called "JEFFERSON"); the CITY OF WHEAT RIDGE (hereinafter called "WHEAT RIDGE"); the CITY OF LAKEWOOD (hereinafter called "LAKEWOOD"); and THE CONSOLIDATED MUTUAL WATER COMPANY (hereinafter called "CONSOLIDATED"); WITNESSETH: WHEREAS, DISTRICT, JEFFERSON, WHEAT RIDGE, LAKEWOOD and CONSOLIDATED on 20th day of December, 1982, entered into an agreement (Agreement No. 82-2.3) regarding the design and installation of a flood detection network for Lena Gulch (hereinafter called "ORIGINAL AGREEMENT"); and WHEREAS, ORIGINAL AGREEMENT set forth provisions to allow other flood detection systems to buy into or share in the ownership of the Lena Gulch base station equipment; and WHEREAS, two additional flood detection networks (Ralston Creek and Westerly Creek) have been implemented which involved base station cost reimbursements to the Lena Gulch project sponsors and a revised prorated ownership for the base station including three additional local governments; and WHEREAS, DISTRICT has heretofore adopted a Special Revenue Fund budget for Calendar Year 1988 which includes funds for purchasing all local government ownership shares in the Lena Gulch base station. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: I. SCOPE OF THIS AGREEMENT This Agreement constitutes a change in Paragraph 13. of ORIGINAL AGREEMENT to include the option of DISTRICT to buyout the JEFFERSON, WHEAT RIDGE, LAKEWOOD and CONSOLIDATED shares in the Lena Gulch base station. 2. BASE STATION The Lena Gulch flood detection network which was established in accordance with ORIGINAL AGREEMENT includes a "base station" consisting of the following elements: A. Micro-computer and peripheral equipment. B. Data collection and display software. C. Hydrologic software for flood forecasting. D. Radio receiver. E. Wea ther da ta decoder. F. A radi 0 frequency pai r. G. One repeater station. The value of the Lena Gulch base station for "buy-in" purposes is Thirty Thousand dollars ($30,000.00). DISTRICT has the option to buy out the JEFFERSON, WHEAT RIDGE, LAKEWOOD and CONSOLIDATED shares of the base station acquired under ORIGINAL AGREEMENT at DISTRICT's sole option. 3. OTHER PROVISIONS In executing this Agreement, DISTRICT, JEFFERSON, WHEAT RIDGE, LAKEWOOO and CONSOLIDATED reaffirm that unless specifically modified by this Agreement the terms and provisions contained in the ORIGINAL AGREEMENT remain in full force and effect. 4. EXECUTION WHEREFORE, the Parties hence have caused this instrument to be executed by properly authorized signatories as of the date and year first above written. THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (SEAL) ATTEST: By Title Executive Director Date 2 ac c 'ii'" """"'" '\\\\'-;,ON C "II... ....:-'~~."oo.....9u....... ~,...~... -<I>- ...~':.... 2~l ..~~ . "<. (f '<" 'lL......- :~'~.-f1....' J :""""':: : :UJU.-L :: - . . ... ~*... ~..... ... $~ ... .:: ( S~~PO..."...9~~'~"~ '" LOR!'>", "l"I.,IUIII" ATTEST ~ )J2~ /l A ROVED AS T FORM, L i " ------ ";.' ~ ,~ ,~'__ _ /1,. '1 ~! APPROVED W:~ <OR>>: / // '/ r'r /'J'~ / / I I (SEAL) ATTEST. APPROVED AS TO FORM: (SEAL) ATTEST: JEFFERSON COUNTY By ~r'"io ~~~t: Title CH IRMAN Da te October 23. 1989 CITY OF WHEAT RIDGE By ~~ Title ~~ "(HI,?? Date CITY OF LAKEWOOD By Title Date THE CONSOLIDATED MUTUAL WATER COMPANY By Title Date 3 'f' 'I: ~ P f) ,