Public Works
Reference: IGA Between School District 27J and the City of Brighton Regarding 40th Avenue Construction, Regional Detention Pond Construction, Easements, and Maintenance Obligations
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez City Manager
Prepared By: Greg Labrie, Director of Public Works
Date Prepared: July 28, 2026
PURPOSE
The purpose of this staff report is to present for City Council consideration of an Intergovernmental Agreement (“IGA”) between the City of Brighton and School District 27J. The agreement defines roles, responsibilities, easement conveyances, construction coordination, and long‑term maintenance obligations associated with the construction of North 40th Avenue, the construction of a regional detention pond on District-owned property, and associated stormwater and access improvements. The IGA also governs ongoing maintenance responsibilities for the constructed stormwater facilities, the tree lawn, and sidewalk located along the future 40th Avenue corridor.
BACKGROUND / HISTORY
School District 27J owns property at 88 North 40th Avenue. As part of the City’s planned transportation and drainage improvements, the City will construct portions of North 40th Avenue adjacent to this property and will construct a new regional detention pond on the District’s land. This pond is intended to serve both the roadway project and stormwater management needs of the District property.
The City will design and construct improvements including:
• Draining and conveying stormwater from the District’s existing pond to the new regional detention pond.
• Constructing the new detention pond and regrading associated areas.
• Removing piles of dirt and broken concrete observed during a February 26, 2026, site visit.
• Maintaining continuous access for school buses along a designated segment of 40th Avenue during construction.
In exchange, School District 27J agrees to convey permanent easements and right‑of‑way needed for the roadway improvements, drainage facilities, and temporary construction access. These easements are illustrated in Exhibit A of the IGA.
The IGA also establishes acceptance procedures, including issuance of a Final Acceptance Letter or Punch List following construction completion.
Maintenance obligations are defined between the Parties for the detention pond and related stormwater facilities for a period of five years following acceptance, with certain long‑term obligations-such as City responsibility for inlet structures-continuing in perpetuity. Cost‑sharing requirements are defined for dredging, with the District responsible for 86 percent and the City responsible for 14 percent.
FINANCIAL IMPACT
The IGA does not establish new ongoing financial obligations for the City beyond the responsibilities outlined:
• The City provides labor and materials for construction of roadway and drainage improvements, including the new detention pond.
• The City is responsible for maintaining the detention pond for five years following final acceptance, except for mowing and weed control, which the School District will handle.
• Long‑term, the City remains responsible for maintenance of inlet structures serving 40th Avenue stormwater flows.
• If pond dredging is required to maintain design capacity, the City will pay 14 percent of the cost, with the District paying the remaining 86 percent.
The IGA expressly states that it does not create a multi‑year fiscal obligation and that all expenditures are subject to annual appropriation.
STAFF RECOMMENDATION
Staff recommends approval of the Intergovernmental Agreement with School District 27J at a future regular meeting. This agreement:
• Secures necessary easements and right‑of‑way for construction of North 40th Avenue.
• Formalizes construction responsibilities for the regional detention pond required to support the transportation and stormwater network.
• Clearly defines maintenance responsibilities to ensure long‑term functionality of stormwater infrastructure.
• Supports the timely delivery of a vital roadway improvement project.
• Ensures continued cooperation with School District 27J in support of shared infrastructure and community needs.
Approval of this IGA will allow the City to proceed with construction activities and maintain the project schedule for North 40th Avenue.
ATTACHMENTS:
• Intergovernmental Agreement
• PowerPoint Presentation