HomeMy WebLinkAbout2019 Ordinance No. 030ORDINANCE NO. 30
SERJES OF 2019
BY AUTHORITY
COUNCIL BILL NO. 27
INTRODUCED BY COUNCIL
MEMBER RUSSELL
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY
OF ENGLEWOOD, COLORADO AND SOUTH ENGLEWOOD
SANITATION DISTRICT NO. 1 FOR MAINTENANCE OF SEWER LINE
OF THE DISTRICT LOCATED WITHlN THE CITY BOUNDARIES
WHEREAS, the City of Englewood and South Englewood Sanitation District No. 1
entered into a wastewater system service maintenance agreement on October 1, 1993;
WHEREAS, the Englewood City Council approved the agreement by the passage of
Ordinance No. 36, Series 1993;
WHEREAS, since 1993 the amount charged by the City of Englewood to the District has
remained at the 1993 amount;
WHEREAS, the City of Englewood and District entered into negotiations to modify the
existing agreement to provide an increase in the charge for services from $36,000.00 annually to
$54,000.00 annually, with an automatic 2.5% increase each year thereafter;
WHEREAS, the new agreement eliminates the City of Englewood's responsibility for any
capital improvements to the District's sewer collection system, and the District will continue to
own the lines;
WHEREAS, the City will continue to annually clean and inspect all District lines, respond
to emergency calls, take corrective actions and answer all inquiries concerning sanitary sewer
service;
WHEREAS, the new agreement provides for a six month notice to renew provision,
instead of the three month notice in the former agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Wastewater System Service Agreement between South Englewood
Sanitation District No. 1 and the City of Englewood for the maintenance and operation of that part
of the sanitary sewer system of the District within the City of Englewood boundaries is hereby
approved for a twenty year period and may be renewed for an additional ten ( 10) year period, is
hereby approved. A copy of the Agreement is attached hereto as Exhibit 1.
Section 2. The Mayor is authorized to execute and City Clerk to attest and seal the said
Agreement for and on behalf of the City Council and City of Englewood.
Introduced, read in full, and passed on first reading on the 10 th day ofJune, 2019.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 13 th
day ofJune, 2019.
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Published as a Bill for an Ordinance on the City's official website beginning on the 12 th
day of June, 2019 for thirty (30) days.
Read by Title and passed on final reading on the 24th day of June, 2019.
Published by Title in the City's official newspaper as Ordinance No. 30, Series of
2019, on the 27 th day of June, 2019.
Published by title on the City's official website beginning on the 26 th day of June,
2019 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage. ~✓~
Linda Olson, Mayor : ATTEST:
s
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. 30, Series of 2019.
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WASTEWATER SYSTEM SERVICE AGREEMENT
THIS AGREEMENT, between SOUTH ENGLEWOOD SANITATION DISTRICT No. I (the
"District") and the CITY OF ENGLEWOOD ( the "CITY"), for the maintenance and operation ofthat pan
of the District's sanitary sewer system located within the corporate limits of the City is made and entered
into, this ___ dayor _____________ _,2019.
WIT NESSETH
WHEREAS, the District owns and operates a sanitary sewer transmission system consisting or
easements, collector and transmission lines, cleanouts and manholes(collectively "facilities"), and provides
sanitary sewer service to its users in parts or Arapahoe County and five (5) municipalities, including a
ponion of the City, as set fonh on Exhibit A attached hereto;
WHEREAS, the City owns and operates its own system of sanitary sewer transmission lines,
exclusive of the District's system, in the remainder of the City arid has the equipment and personnel
available lo maintain and operate that pan of the District's system located within the corporate limits of the
City, as well as its own syslem;
WHEREAS, the City desires, on cenain tenns and conditions, to provide for the maintenance and
operation of that pan of the District's system within the corporate limits of the City, and the District is
willing to contract with the City for said maintenance and ~peralion;
NOW THEREFORE, for and in consideration of the mutual promises, benefits, and detriments of
and to lhe panies hereto and for other good and valuable consideration, IT IS HEREBY AGREED_:
I. Maintenance and Operation. For the term and for payments by the District lo the City as
hereinafter set fonh, the City shall p~i:>vide for the all-Inclusive and complete maintenance, repair, and
operation of all ofthe District's facilities located within.the corporate limit of the City, excepting only for
the constructi!)n ·pf ,new or additional, facilities -deemed replacement facilities and not considered as
maintenance, repair or operations. ·
2. Term. This _Agreement shall be for a ~rm oftwenty (20) years from the effective date set
forth above, subject to an option to renew for an additional ten ( I 0) year term as hereinafter set forth.
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3, Payment by.the DistricL For the seryices .as hereinafter delined,,the District shall pay the
C{ty fifty-four t~Qifsind ($S4,0DD.Dp) 'd_glllln!_annuallj.li~giiining in 2019, PBY!lble q~aner:ly in arri:ars, by
the tentli (I 0lh)·day. of ,the month foU_owlng the lasf, day, or the 'last month,of each.calendar quaner,
one-founh·(I_/~) ci_fthe annuai,aniount. Therea~r. quanerly payments shall increl!!!c by two arid onc~half
percent (2 li2%) ev~ry year during ·the'.twcnlY, ,(20);yi;ar ter_111: Payments for ll!!Y. ~ial _calendar quarters
iit)he beginn_i!lg 11r_the end of'thls 11greemerit ~~11,i,e·prora!e.d basl!d on the iium~er !)f days of service
pro_vided ·by the,.~ity divided by the number of i:ate11dar 'days in the quaner affect~d. All payinents,
-pu~uant ,to this 1Jgreentent, shall be to the City of Englewood, Dcpariment of Utilities, and remitted in care
of:the DirectorofUtilitiesat'the 1addresssetforlh.in Paragraph 13_below. ___ . __ _ _ I . __ ..
---; --------~----···---·· ---~-------1· ---"f __________ _
4~ Services Provided, The City will 1eompl_ete _all IOCB!e request generated from ~e Utility
Notificatk,n Center.'ofColorado'..("UNCC~). annlll!ll)'-cleiin;~d. inspect all. District lines. l"he City shall
resjlond to all emergency calls an~ effect the appropriate remedial a~tion and_cleanupJfnecessary, and,
except for th~ sali: of sewer taps, shall answerall inquiries concerning the District's 5:Bnitary sewer service
wiihin the corporate limits of the City, Whether in the nature of routine, normal, interval or accelerated
cleaning and inspection or as a result of emergency calls, the City will make all routine and neccssary
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repairs to the Di_strict's (acililies locl!ted within-the corpora~e limits of the City, including but not limited
to, visual and TV inspections, point _repairs, root sawing, chemical line treatment, manhole adjustments,
·and Sllfface and subsurface mainteilance·as required by any·ofthe District's easements located within the
corporate limits of the City, a-nd as set forth-on Exhibit A. The City will not provide services that would be
considered capital improvements including slip linings, manhole upgrades, and CIPP.
S. ,Joint Response. Jhe District. and the City i:ecognize that numerous collector and
transmission lines,·,iis set forth on Exhibit B, eithedlow into.the City or out of the City and :that routine
cleaning and maintenance and any emergency response in areas of such lines, their enlly or exit into or
from thll City, may involve or require the joint response and action of the District and the City. Within
thirty (JO) days of the effective date of this agreement, designated representatives of the City and the District
charged wiJh the _ope,ational aspects of this Agreem~nt shall ineet ti> agree and develop the procedures to
be followed in cases of routine maintenance and emergency responses with respect to these lines.
6. Reports. The City will render reP?15 on the cleaning, inspection, maintenance, repairs,
and general operations of the District's system within.the corporate limits of the City, on a quarterly basis
on or.before the enil'ofthe month followingeach_~alenilar quarter during the term of this Agreement and,
withh1 the next _business day after any emef!llincy. response, provide reports of.all emef!lency responses, and
the District will provide the names; addresses and telephone numbers of the District's contact persons to
the City for such ~urpose. -
7. Sewer Taps. The District ~-~l(co~tinue to sell, as u~rs ·withi_n. the City and its system
request, sewer uips for.the connection onto the,District's lines on·_the same basis as the sale of these taps
were made prior to t!t_eeffective date of this A~ent; Any ,new taps sold or added to the District's system
shall not, in any mann~r. affect this Agreement lio_r, the City's-obligations to provide service hereunder and
shall not be considered an enlargement orthe system.
·s. Ownership cif,Faciliiies. Nothing,in.this,Agreemen_t grants or conveys to_the City any
incidents or ownership;-dominion or control over,_pr rights in the -District's facilities or with respect to its
users, except fo~ the _rights. granted he_i:ein; whic_h s~iil) ~e those ofa11Jndependent maintenance contractor,
the•~c~~ ~nd ;li~n~ ~~taj ~,!h;e:CJty·th~:_P.tsfrif.!'.~'facy!ties'lieing liinit~._to ~nd prescii_be!I by .~e
P!O~•s10!15_ ofth1s_ A~el!lent. Tli~_ CJtysha!I have no _a:iglits tod1sconnect, ext!n_i!, enlarge, convey, a~B!ldon
or otherwise dispose_ of.any of th1rI?istiict's,facilities within:the corporate limits of, lh-e City with-out the
e.,press advance wriiteli consent ofthf District.
,9. . . No Enlargement of System., No-_~ii.!arge'!le!lt _ofthe Disl!ict's syst_em within the corporate
limits of~e _City-~~Jil!be;milile ~hi_ch1imposi;s.~dil_itio_iliil_ obli~tions on,the City,.u-riless the ~e is 111ade
by:way or.an express wniten amen~ment !o-t!IJ(Agie_e!ll~n.t, sig[led)y,both parties.-Jil_ew.(addiiiona,b taps,
m'1de on exisling:i;>istiict facilities ~hidl not lie co~siilered an enlaf!lelilent ofthe sys!em;
I~-Liability. ;_Each:9fth~11a_rtiesa~e to be liable for their OWII ·m;gligence in the pi:rformance
of their obligatioiis-'u!Ider'.this A'greemerit.,
_________ , _____ I I. __ Eariy Termination/Non-Performance .• ~houl~ the D~ct _or.the ,Cityifail to timel,Y..perform
· ---· ---any obligat!on·or lie otnerwise'ilelin_qtienfln'thepilyni!=ilt·or perform!l'lce_of-any:prol(ision-orccindition of----------
th!s:Agreeme111, the;non-perfo_nning-p~ shall be:i11,defaillt, ~ut·only after ~itti:lijnotice ofth-e specific
delin!llie[IC:Y. has b~~ given to,the-rioilP!lrfcimij!!g1i!l®',,Bllowing thi11y (30): days from receipt of such
notice .to cure or remedy the delinquel)C)' or provision elf non~perforiTiilnce.
If. the non-perfC?rmirg party does not:~_mefdy'its delinquency:or·non-performance within the
prescribed thirty (30) day tim~-period, the other pliriy, at its option, witlioul further notice, rillly. take the
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appropriate legal action, including litigation, to collect any amounts due or past due, seek an injunction, or
in any other manner seek redress, including the tennination of this Agreement. Should any litigation result,
the prevailing party shall recover its costs, including its· expenses and reasonable attorney fees, from the
other.
12. Option to Renew. No later than six (6) months prior to the end of the tenn of this
Agreement the parties hereto ll)ay renew this Agreement upon tenns and conditions mutually agreeable.
13. Notices, All notices pursuant to this Agreement shall be in writing, sent certified mail -
return receipt requested or hand delivered, notice being given when received by the other party, addressed
to each of the parties, with a copy to each party's auorney, as follows:
The City of Englewood
Department ofUtiliiies
c/o Tom Brennan, P.E.
Director of Utilities
l000 Englewood Parkway
Englewood, Colorado 80110
South Englewood Sanitation District
District No. I ;
c/oJohn Anderson, Jr~ Chairman
4733 S. Clarkson Street
Englewood, Colorado 80113
Copy to:
Alison McKenney Brown, Esq.
City Attorney
I 000 Englewood Parkway
Englewood, Colorado 80110
Danyl L. Farri~gton
Attorney for South Englewood Sanitation Dist.
Semple, Farrington, Everall & Case, P.C.
1120 Lincoln Street, Suite 1308
Denver, Colorado 80203
Jamie Overgaard
Engineer for South Englewood Sanitation Dist.
Kennedy/Jenks Consultants
165 S. Union Blvd., Suite 570
Lakewood, Colorado 80228
·Each party agrees to give notice to the other of any change in its representative or their respective
address.
14. Miscellaneous, This Agreement represents the complete understandii:tg ofthe· parties, and
each, by the signature ofits represe~tativc below,ligrees, covel!ants and warrants.to and\vith the other that
each has full (!uthority to enter into, blnd and obligate the party.for whom each signs. This Agreement may
be assigned by c;ither,party with_out the advance written notice and approval oflhc lither; and shall.not be
amended or. modified, except in writing, which modificalion or amendment shalrriot be effective until lhe
same is reduced io writing and executed by both. parties hereto.
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HE CITY OF ENGLEWOOD:
By: ( )~
Date: -~
ATTEST:
THE DISTRICT:
ATTEST:
, Secretary
South Engelwood Sanitation District No. I Signatures are on attached page.
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ATTE9": ..
, Secrewy
THE DISTRICT:
SOUTH ENGLEWOOD SANITATION DISTRJCTNO. J
B~:a:::z• <;CJ««--~ -n Andersii"n. Jr .. Chai
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EXHIBIT A
WASTEWATER SYSTM SERVICE AGREEMENT
SOUTH ENGLEWOOD SANITATION DISTRJCTNO. I BOUNDARIES
WITHIN THE CITY OF ENGLEWOOD
(SHADED AREA)
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EXHIBITS
WASTEWATER SYST~M SERVICE AGREEMENT
SOUTH ENGLEWOOD SANITATION DISTRICT NO. I LINES GOING INTO OR OUT OF THE
CITY OF ENGLEWOOD
Dis1ric1 lines which flow jn10 the City:
■ . South Clarkson North of East Belleview, West to Manhole Di..:. 6. (MH Di-6)
■ · South Clarkson al approximately East'Girard, West to Manhole Di-5. (MH Di-5)
■ ~oulh Clarkson at Viking Drive, West to Manhole Di-3a. (MH Di-3a)
■ South Clarkson el East Chenango, ,West to Manhole Di-2. (MH Di-2)
■ South Clarkson at East Leyton, West to Manhole D -9. (MH 0-9)
Iii South Clarkson et East Tufts, West 10 Manhole Dh-4. (MH Dh-4)
■ South Clarkson at East Belleview; North to Manhole Ci-9. (MH Ci-9)
-----, . I ■ . East CenlennialiAvenue between South Shennan and South Lincoln Streets, West to
Manhole F -5. (MH F-5) .
■ West Belleview to South Ince Street, North lo Manhole H -28. (MH H-28)
■ South Santa Fe Drive, North ofTulis, North to Manhole A -12. (MH A-12) . .
District lines that flow out of the City:
■ .Niuth'ofLehow Avenue, South of the.Interurban Subdivision, South to Manhole H-
. _iot CMH34J · . _ ·
■ So_uth·Elati South of West Bcileview,Soulh!O Manhole H·.,.33a. (MH H-330)
■ ... So~ih:Fox Bl Prentice Wriy, South lo_ Manhole H,., 32: (MH H-3:i)"
. i West Quincy at South Santa Fe;,.West 10 Manhole 'A-8. (MH A~S).
Numbering !s from· South Englewood Sanitj\tiimNo.-I District Maps.
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