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HomeMy WebLinkAbout2019 Ordinance No. 012ORDINANCE NO. 12 SERIES OF 2019 BY AUTHORITY COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE APPROVING A CONNECTOR'S AGREEMENT BETWEEN THE CHERRY HILLS VILLAGE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO WHEREAS, the Englewood City Council approved the original Connector's Agreement between Cherry Hills Village Sanitation District ("District") on June 2, 1975; . WHEREAS, the Englewood City Council approved a second Connector's Agreement between Cherry Hills Village Sanitation District on July 7, 1997; WHEREAS, the July 7, 1997 agreement has expired, and a new Connector's Agreement is therefore needed between the District and City of Englewood; WHEREAS, the Englewood Water and Sewer Board approved this renewal at their January 8, 2019 meeting; WHEREAS, the City of Englewood owns and operates a sewage system, including a sewage treatment plant which is jointly owned and operated with the City of Littleton known as the South Platte Water Renewal Partners Wastewater Treatment Plant ("SPWRP"); WHEREAS, the SPWRP provides sanitary sewer service to districts outside of the Englewood corporate boundaries through a standard connector's agreement; WHEREAS, the City will continue to receive and treat sewage gathered by Cherry Hills Village Sanitation District; WHEREAS, the Connector's Agreement enables the District to utilize the facilities owned by the City and the SPWRP for the treatment of sewage; WHEREAS, the City of Englewood Utilities Department will bill the District users directly for service charges; WHEREAS, the Connector's Agreement provides that the City's permitting requirements will be followed by the District and its users; WHEREAS, the Connector's Agreement provides that no permit shall be final or service provided until construction is approved by the City of Englewood; and WHEREAS, the term of the Connector's Agreement is for a twenty (20) year period, and will automatically renew two (2) additional twenty (20) year periods, unless either party gives a minimum of six months written notice of an intent not to renew. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Connector's Agreement between Cherry Hills Village Sanitation District and the City of Englewood which enables the District to utilize the facilities owned by the City and SPWRP for the treatment of sewage; is hereby approved for a twenty (20) year period and is automatically renewed for two (2) additional twenty (20) year periods unless either party gives a minimum of six month written notice of the intent not to renew. 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 Connector's Agreement", for and on behalf of the City Council and City of Englewood. Introduced, read in full, and passed on first reading on the 19th day of February, 2019. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21 st day of February, 2019. Published as a Bill for an Ordinance on the City's official website beginning on the 20th day of February, 2019 for thhiy (30) days. Read by Title and passed on final reading on the 4th day of March, 2019. Published by Title in the City's official newspaper as Ordinance No, 1, Series of 2019, on the 7th day of March, 2019. Published by title on the City's official website beginning on the 3rd day of March, 2019 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: 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.1, Series of 2019. . __ j 'r WASTEWATER CONNECTOR'S AGREEMENT For Districts THIS AGREEMENT, is entered into this ___ day of ______ 2018, to be effective __________ 2018, between the CITY OF ENGLEWOOD, a municipal corporation (the "City") acting by and through its duly elected, qualified and authorized Mayor and City Clerk, and CHERRY HILLS VILLAGE SANITATION DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado (the "District") acting through its Board of Directors. WITNESSETH WHEREAS, the District owns and operates sanitary sewer collection and transmission facilities within its boundaries (the "District System"); and WHEREAS, the City owns and operates a sewage system including a sewage treatment plant jointly owned and operated with the City of Littleton, and is able to receive and treat the sewage from that portion of the District System described on Exhibit A (the "Designated Area"); and WHEREAS, the District desires to utilize the facilities owned by the City for the treatment of sewage and the City is willing to serve the District for treatment of sewage under certain conditions; NOW THEREFORE, IN CONSIDERATION of the promises and for other good and valuable consideration hereinafter set forth, the parties agree as follows: 1. The City will treat sewage from the District System originating within it Designated Area. The District will prevent sewage from being discharged into the City's trunk line from any area other than the Designated Area. 2. The District will comply with all Code provisions and rules and regulations of the City, including any amendments thereto during the term of the Agreement, in the operation of its system. The City's standards shall be the minimum standards for the District's· system. The District shall also comply with state and federal laws, rules, regulations, or permits, including those of the Environmental Protection Agency (the "EPA") as they become effective or upon written notice from the City. The District will inform all users, contractor and subcontractors of such standards, rules and regulations upon inquiry from such persons, and will not furnish any information inconsistent therewith. The City will attempt to maintain and provide information on all requirements to the District to obtain requirements from the appropriate governing body. 3. The City's permitting requirements will be followed by the District and its users regarding the provision of sewer service. The District will take reasonable steps to require all sewer plans, specifications and methods of work with the Designated Area to be submitted to the City by a proper owner or a property owner's representative for approval in writing prior to any construction or tap. No services will be provided to a property in the Designated Area without a permit and construction approved in writing by the City. 4. The District will be responsible for the maintenance of its sewer system and rectify any problems or conditions determined by the District or City to be detrimental to the City's treatment process or system. Upon written notice from the City that any discharge is entering the sewer system contrary 2018 Englewood Connector Agreement.docx {00345585} to law, ordinance, statute, rule, regulation or permits, the District will proceed with reasonable diligence to rectify any such problem or condition. 5. The City has the right to allocate service under this Agreement and may deny additional service for any utility-related reason, but in no event will the City terminate or refuse any service without cause. The City shall have the right to disconnect service to any area subsequently included in the District when such inclusion takes place without written City approval. The District shall notify the City within a reasonable time period of zoning changes within the Designated Area which may have an impact on future tap requirements. At the time of such zoning change, the District will provide the City with an estimate of the number of equivalent service taps required for the next five (5) year period as a result of the zoning change in a form satisfactory to the City. Notice of these estimates shall be given to the City as reasonably necessitated by approved zoning changes. 6. The City may impose and collect reasonable fees, tolls and charges, which shall be uniform as to all outside-City users for the services provided by the City under this Connector's Agreement. The City will bill the District's users directly for City charges for services rendered under this Agreement. The City 'will certify any overdue charges to the Arapahoe County Treasurer for the collection as permitted by statute in its own discretion. City fees, tolls and charges are subject to adjustment by the City from time to time. When such adjustment to these changes are made, the City will give the District forty-five ( 45) days advance written notice. 7. Subject to the terms of the Taxpayers Bill of Rights (TABOR), the term of this Agreement is for a period of twenty (20) years from the date of execution and will automatically renew for two (2) subsequent twenty (20) year periods unless either party gives a minimum of six (6) months written notice of its intention to terminate at the end of the term. a. This Agreement may be amended at any time and for any reason by the parties during any term of this Agreement. Such amendment shall be memorialized in writing by the parties. 8. The District will maintain, at its own expense, all facilities now owned and operated by the District serving the District's Designated Area. The City assumes no responsibility for backups, clogged or damaged lines or require9 maintenance. 9. The City shall maintain, at its own expense, the District owned facilities identified as follows: a. Nine hundred (900) feet, more or less, of twenty-one (21) inch RCP sewer line extending from Manhole Englewood ID 3-1-4-20 (CHV ID-A2B) to Manhole Englewood ID 3-1-1-17 (CHV ID ENGL). Running Westerly along the South bank of Little Dry Creek, West of South Clarkson Street, and wholly within the City limits of the City of Englewood, as set forth in Exhibit B, attached hereto. 10. The City is providing only sewage treatment service and, pursuant thereto, permits incidental to the use of the City's sewage lines shall be governed only by this individual Agreement with the District. The City does not, by this Agreement, offer treatment services except in strict accordance with the terms hereof. This Agreement does not offer, and shall not be construed as offering, sewage treatment service to the public generally or to any area outside the limits of the Designated Area. 2018 Englewood Connector Agreement.docx {00345585} 11. This Agreement may not be assigned, sold or transferred by the District without the City's written consent. 12. Should any federal law, rule, permit or regulation or should a decree or order of a court render void or unenforceable any provision of this Agreement, in whole or in part, the remainder shall remain in full force and effect. 13. The District shall take reasonable steps to enforce this Agreement and each of its terms and conditions within the Designated Area. The District will refuse to serve a user or potential user, disconnect the service of any user pursuant to appropriate law; or take other appropriate action in the event of: a. Nonpayment of such user of any charge made by the City for services; b. Any violation on noncompliance by such user with the terms of this Agreement; c. Violation of noncompliance by such user with the applicable laws, rules, permits or regulations of the City; the United States government, including the EPA; the State of Colorado, including the Department of Health; or other law, rule, permit or applicable regulation. 14. Should the District fail to rectify a breach of any provisions identified herein within a reasonable time, and after written notice thereof, the City may take steps to do the work it deems necessary to enforce this Agreement, including litigation and specifically the right to injunction or specific performance against the District or any of its users as is reasonably necessary to protect the City's system and operations. The prevailing party shall be entitled to expenses and costs of suit, including attorney fees. 15. All districts whose flows enter the City trunk line at a single connection point shall, after written notice, take reasonable steps to identify and/or rectify any problem or condition detrimental to the trunk line or treatment process within a reasonable time. The City is not required to determine which district is at fault but shall make available to all affected districts all information developed by the City pertaining to such condition, problem or breach. The City may bring an action for damages or injunctive relief against all districts whose flows enter the City system at a common connection point. Nothing contained herein shall preclude a claim for indemnity or contribution by any district against any other district connected to a common sewer line. C.R.S. § 13-21-11.5 shall govern the percentage of liability of any district on a common sewer line in the event the City seeks to impose liability based upon negligence or fault. 16. This Agreement shall not be used as a legal defense or prohibit the consolidation of facilities by either party as may be required by the laws of the State of Colorado of all existing sewer collection systems and facilities to a governmental entity created to assume responsibility for sewer service in the area in which both the City and District are a part. 2018 Englewood Connector Agreement.docx {00345585} SIGNATURE PAGE FOLLOWS ITY OF ENGLEWOOD Linda Olson, Mayor ATTEST Stephanie Carlile, City Clerk CITY OF CHERRY HILLS VILLAGE SANITATION DISTRICT ~& ATTES -~ 2018 Englewood Connector Agreement.docx {00345585} 2018 Englewood Connector Agreement.docx {00345585} EXHIBIT A DESIGNATED SERVICE AREA ( E:fj l__-I \ I Th I'"'"' CJO :::J I ~'--~'--'_.,., c::::r,[7 --==" •· 11, i.'1 1 ,, m;--X--i.--1 \ □ ·., \ / Cherry HIiis VIiiage Sanitation District Englewood Connector Agreement Exhibit A -Designated Area 0 500 1,000 1,500 2,000 +· Fest • Revised: 11/0812018 ,. . ---,.·_.-_•·.11 :.:•,1 1-~~1.: "'"•····· . ~~ Im ~-ii,~~l .~C;: : C r~·;r .. ; ,.p JI EXHIBITB MAP OF 900 FOOT 21 INCH RCP SEWER LINE 2018 Englewood Connector Agreement.docx (00345585} ~Engtewqp.£1 @ Sewer Manhole -Sewer Mains --Sewer Service Lines Cllllr ■ COE ID 0 50 100 150 200 --c::=---c====iFeet The City of Englewood makes no claims or: guarantees to the accuracy or currency of the contents of this map and subsequent data sets, and explicitly disclaims liability for errors and orrilssions in its contents. This map 1s not a legal document It is intened to serve as a grapical representation only. Any questions should be foOowed up by a field locate.