Title
A Resolution Authorizing the Stormwater Enterprise Manager to Execute All Intergovernmental Agreements with the Colorado Department of Transportation Related to Maintenance of Stormwater Infrastructure
Presenter:
Erin Powers, P.E., Stormwater Enterprise Manager
Body
Summary:
The Colorado Department of Transportation (CDOT) periodically cooperates with the City to construct stormwater infrastructure. CDOT requires maintenance agreements for constructed infrastructure to be formatted as intergovernmental agreements (IGAs). The proposed resolution streamlines that process by formally delegating approval authority to the Stormwater Enterprise Manager (SE Manager).
Background:
Stormwater infrastructure is vital to ensure the City’s ability to protect its citizens and downstream neighbors from potential damage due to stormwater. City Code § 14.8.102 requires the Stormwater Enterprise to provide maintenance activities for the City owned stormwater infrastructure. To make efficient use of funding, the Stormwater Enterprise frequently partners with other entities, such as the Colorado Department of Transportation (CDOT), to construct stormwater infrastructure.
When infrastructure is constructed by multiple entities, a maintenance agreement is needed to document the entity responsible for maintaining the infrastructure. While these agreements are generally regarded as routine administrative matters, CDOT requires maintenance agreements to be formatted as intergovernmental agreements (IGAs). This resolution grants the Stormwater Enterprise Manager (SE Manager) the authority to enter into maintenance agreement IGAs for stormwater infrastructure.
City Code § 14.8.104 states the following: “The SE Manager is authorized to execute all necessary contracts and agreements in the name of the City of Colorado Springs, except that contracts and agreements between the enterprise and other Colorado or Federal governmental entities (intergovernmental agreements) shall be subject to the approval of City Council.”
Additionally, Colorado Revised Statute § 29-1-203 permits IGAs “only if such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve.”
This delegation aligns with the Stormwater Enterprise’s responsibility to maintain City owned stormwater infrastructure under City Code and complies with Colorado law. By approving this resolution, City Council enables more efficient coordination with CDOT on ongoing and future projects. This ensures timely collaboration and supports the effective management of the City’s stormwater system.
Previous Council Action:
N/A
Financial Implications:
Stormwater maintenance is funded through the Stormwater Enterprise. There is no impact to the General Fund.
City Council Appointed Board/Commission/Committee Recommendation:
N/A
Stakeholder Process:
N/A
Alternatives:
Disapprove the delegation of authority to enter stormwater maintenance agreement IGAs, such that all maintenance agreement IGAs continue to be presented to City Council.
Recommended Action
Proposed Motion:
Move to approve the resolution authorizing the Stormwater Enterprise Manager to execute all intergovernmental agreements with the Colorado Department of Transportation related to maintenance of stormwater infrastructure
Summary of Ordinance Language
N/A