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Home My WebLink About2019 Ordinance No. 019ORDINANCE NO. 19 SERIES OF 2019 BY AUTHORITY COUNCIL BILL NO . 15 INTRODUCED BY COUNCIL MEMBER RUSSELL ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LITTLETON AND CITY OF ENGLEWOOD AS OWNERS OF THE SOUTH PLATTE WATER RENEWAL PARTNERS WASTEWATER TREATMENT PLANT CLARIFYING THE OWNERSHIP OF THE LITTLETON 66" INTERCEPTOR PIPELINE, ENGLEWOOD BIG DRY CREEK INTERCEPTOR AND THE ENGLEWOOD BATES INTERCEPTOR WHEREAS , the Englewood City Council may by ordinance recognize the signing of Memorandum of Understanding ("MOU ") between the City of Englewood and other governmental entities; WHEREAS, the Cities of Littleton and Englewood both operate interceptor sewers to transport wastewater from their respective service areas to the plant ; WHEREAS, the City of Englewood and the City of Littleton as owners of the South Platte Renewal Partners ("SPWRP") Wastewater treatment plant desire to enter into an MOU clarifying the ownership and maintenance responsibilities ofa certain portion of the Littleton 66" interceptor pipeline , the Englewood Big Dry Creek Interceptor and the Englewood Bates Interceptor; WHEREAS , the City of Englewood shall be responsible for the maintenance , repair and replacement of the Big Dry Creek Interceptor up to MH VR-1 , at which time the responsibility for the maintenance, repair and replacement of the interceptor shall transfer to the SPWRP; WHEREAS , the City of Englewood shall be responsible for the maintenance , repair and replacement of the Bates Interceptor up to the Englewood Interceptor Dispersion Structure , at which time responsibility for the maintenance, repair and replacement of the interceptor shall transfer to the SPWRP; and WHEREAS , the City of Littleton shall be responsible for the maintenance , repair and replacement of the 66" Interceptor up to MH L-1 on SPWRP property, at which time the responsibility for the maintenance , repair and replacement of the interceptor shall transfer to the SPWRP; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The Memorandum of Understanding between the City of Englewood and City of Littleton as owners of the South Platte Water Renewal Partners Wastewater Plant regarding the re s ponsibility for the maintenance , repair and replacement of the interceptors set forth on Exhibit A attached hereto is hereby approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and City Clerk to attest and seal the said Memorandum of Understanding, for and on behalf of the City Council and City of Englewood . Introduced , read in full , and passed on first reading on the 15 th day of April , 2019. Published by Title as a Bill for an Ordinance in the City 's official new s paper on the 18 th day of April , 2019. Published as a Bill for an Ordinance on the City's official web site beginning on the 17 th day of April , 2019 for thirty (30) days. Read by Title and passed on final reading on the 6 th day of May, 2019. Published by Title in the City 's official newspaper as Ordinance No . 19 , Series of 2019 , on the 9th day of May, 2019 . Published by title on the City 's official website beginning on the 8th day of May, 2019 for thirty (30) days. Th is Ordinance shall take effect thirty (30) days after I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 19 , Series of 2019. MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF ENGLEWOOD AND LITTLETON/ ENGLEWOOD BI-CITY WASTEWATER TREATMENT PLANT This Clarification Addendum defines the ownership rights and maintenance obligations of the City of Englewood ("Englewood" or "the City") and the Littleton / Englewood Wastewater Treatment Plant. ("LIE WWTP", now called South Platte Water Renewal Partners "SPWRP")(Collectively "the Parties") with regards to the two (2) interceptors , a 60" line called the "Big Dry Creek" Interceptor and the smaller pre-existing "Bates" Interceptor. This MOU is effective in perpetuity from this _______ day of ________ _, 2019 , unless rescinded by mutual agreement of the parties 1. The SPWRP is operated by the City of Englewood pursuant to the "Agreement Between the Cities of Littleton and Englewood, Colorado for Joint-Use Waste Water Treatment Facilities." The original agreement was dated July 2 , 1973. A subsequent amended agreement was dated December 6, 1982 . 2. The ownership of the real estate and improvements on the SPWRP site are owned as a tenancy in common between the Cities (Contract Section 2.3). 3. The Cities of Littleton and Englewood both operate interceptor sewers to transport wastewater from their respective service areas to the Plant. The City of Littleton constructed a 66" line from Littleton to the Plant (Contract Sections 1.7 and 7 .5). The City of Englewood constructed two (2) interceptors , a 60 " line called the Big Dry Creek Interceptor and the smaller pre-existing Bates Interceptor. 4. The point at which each of the two (2) interceptors change from ownership by the City to ownership by the SPWRP is not clear from existing documentation. Neither the contracts nor the accompanying plats provide a specific location where the ownership transfer occurs and it is necessary to further define those locations . 5. The City of Littleton, by separate ordinance, has accepted title to and responsibility for the 66" interceptor to the first manhole on that line within the SPWRP property designated as MH L-1 on the attached plat map . AGREEMENT ON OWNERSHIP BOUNDARY It is agreed by the City of Englewood, that the ownership of interceptors , including responsibility for maintenance, repair, and replacement, will be vested in the City up to the inlet to the first manhole structure on SPWRP property, as follows : • Big Dry Creek Interceptor: Ownership will transfer to the SPWRP at MH VR-1; • Bates Interceptor: Ownership will transfer to the SPWRP at Englewood Interceptor Dispersion Structure. The SPWRP will be responsible for the maintenance, repair and replacement of the interceptors and all manholes within the Plant property, except as noted above. A plat map of the Plant property is attached to this MOU with each manhole indicated where the agreed upon physical location for the transfer of ow nership and responsibility occurs. For the City of Englewood Dorothy Hargrove Interim City Manager of the City of Englewood Date: -------------- Signature: ___________ _ Linda Olson Mayor of the City of Englewood ~ Signature: shvbq For Supervisory Committee of the South Platte Water Renewal Partners (SPWRP) Mark Relph Representative of the Supervisory Committee of the SPWRP Date : -------------- Signature: ___________ _ 0 0 Q) 0 ® Not to Scale LITTLETON SIPHON BDCI SIPHON MH VR -3 MH VR-2 LITTLETON INTERCEPTOR BIG DRY CREEK INTERCEPTOR (BDCI) BATES INTERCEPTOR EAST INTERCEPTOR (OWNED AND MAINTAINED BY SPWRP) SOUTH INTERCEPTOR (OWNED AND MAINTAINED BY SPWRP) )> MH-1S < fTI z CJ C fTI MH-1A 5 MH L-1 MH VR-1 \ SO. PLATTE RIVER DRIVE TRICKLING FILTER SERVICE BLDG 1:/ SA SPWRP Interceptor Ownership Transfer Locations -Bates Interceptor -Big Dry Creek Interceptor -valley Line Littleton Interceptor I • N ' SOUTH PLATTE WATER RENEWAL PARTNERS