HomeMy WebLinkAbout2014 Ordinance No. 066ORDINANCE NO. ft;(#
SERIES OF 2014
BY AUTHORITY
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CONTRACT NO, C\ 7-z.o I~
COUNCIL BILL NO. 67
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE APPROVING A NEW CONNECTOR'S AGREEMENT BETWEEN
THE CITY OF CHERRY HILLS VILLAGE AND THE CITY OF ENGLEWOOD,
COLORADO.
WHEREAS, the Englewood City Council approved the original Connector's Agreement
between the City of Cherry Hills Village on September 30, 1993; and
WHEREAS, the City and Englewood amended the Connector's Agreement on
November 15, 1995 (the "1995 Modification") to enlarge the service area under the
Connector's Agreement to include the entire geographic area of the City of Cherry Hills
Village as the same now exists or may be amended from time to time, and as such service
area is more particularly described and set forth in the 1995 Modification; and
WHEREAS, the Connector's Agreement, as modified by the 1995 Modification, is set to
expire on September 30, 2014; and
WHEREAS, the Englewood Water and Sewer Board recommended City Council's
approval ofthis Agreement at the May 13, 1997 meeting of the Board; and
WHEREAS, the City will continue to receive and treat sewage gathered by the City of
Cherry Hills Village; and
WHEREAS, the Connector's Agreement enables the City of Cherry Hills Village to
utilize the facilities owned by the City and the Bi-City Wastewater Treatment Plant for the
treatment of sewage; and
WHEREAS, the City of Englewood Utilities Department will bill the City of Cherry
Hills Village users directly for service charges; and
WHEREAS, the Connector's Agreement provides that the City's permitting
requirements will be followed by the City of Cherry Hills Village and its users; and
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 three year period and is
automatically renewed for six subsequent three year periods unless either party gives a
minimum of six months written notice;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
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Section l. The Connector's Agreement between City of Cherry Hills Village and the
City of Englewood which enables the City of Cherry Hills Village to utilize the facilities
owned by the City and the Bi-City Wastewater Treatment Plant for the treatment of
sewage; is hereby approved for a three year period and is automatically renewed for six
subsequent three year periods unless either party gives a minimum of six months written
notice, a copy of said Agreement is attached hereto as Exhibit 1.
Section 2. The Mayor and City Clerk are hereby authorized to sign and attest,
respectively, the said Agreement for and on behalf of the C ity Council and the City of
Englewood, Colorado.
Introduced, read in full , and passed on first reading on the 3rd day of November,
2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 7th
day of November, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 5th
day of November, 2014 for thirty (30) days.
Read by title and passed on final reading on the 17 day of November, 2014.
Published by title in the City's official newspaper as Ordinance No.~, Series of
2014, on the 21st day ofNovember, 2014.
Published by title on the City's official website beginning on the 19th day of
November, 2014 for thirty (30) days.
J:J;t?Mayor -
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a tru~;y of the Ordinance passed on final reading and
published by title as Ordinanc e No. Series of 2014.
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4/19/2012
Revision
WASTEWATER
CONNECTOR'S AGREEMENT
For CITY OF CHERRY HILLS
Sewer Contract No. ___ _
THIS AGREEMENT, made and entered into this ____ day of
_______ _, 20_to be effective as of _______ 20_; by and
between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, hereinafter
referred to as "City," acting by and through its duly elected, qualified and authorized Mayor and
City Clerk, and the CITY OF CHERRY HILLS, a municipal corporation and subdivision of the
State of Colorado, hereinafter called "Cherry Hills," acting by and through its authorized
Representative.
WlTNESSETH
WHEREAS, the City owns and operates a sewage system. including a sewage treatment plant
which is jointly owned and operated with the City of Littleton, so situated physically as to be
able to receive and treat the sewage from a designated area served by Cheny Hills and gathered
by the Cherry Hills' sanitary-sewage system; and
WHEREAS, it is the desire of Cherry Hills to utilize the facilities owned by the City for the
treatment of sewage and the City is willing to serve Cherry Hills for treatment of sewage under
certain conditions;
NOW, THEREFORE. INCONSIDERATION of the promises and for other good and
valuable consideration hereinafter set forth, it is mutually aareed by the parties as follows:
1. The City hereby agrees under the conditions hereinafter set forth. to treat the sewage
originating from the Cherry Hills' sanitary sewer system within the area served by
Cherry Hills as approved by the City and as indicated in the description attached hereto.
incorporated herein and marked as "Exhibit A. ..
Cherry Hills specifically agrees to prevent sewage from any area other than that
described herein. from being discharged into Cherry HiUs' sanitacy sewage system
coMectcd to the City•s trunk line and to prevent coMections to the system from or in
any area other than those described herein.
2. In the operation of the Cherry Hills sanitary sewer system, Cherry Hills agrees that all
applicable Code provisions and rules and regulations of the City. including amendments
thereto during the tenn of the contract, shall be the minimum standards for the Cherry
Hills' system. Cherey Hills further agrees to abide by all applicable state and f edcral
laws, rules, regulations, or pcnnits, including those of the Environmental Protection
Aaency (the EPA) as they become effective or implemented or upon notice from the
City. Cherry Hills shall infonn all users, contractors and subcontractors of such
standards. rules and regulations upon inquiry from such persons, and shall not furnish
any infonnation inconsistent therewith. In this regard, it shall be the responsibility of
Cherry Hills to obtain the applicable requirements from the appropriate governing body.
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The City shall attempt to maintain and provide infonnation on all requirements to Cherry
Hills; however, the City docs not i:Uarantee the accuracy or completeness of government
regulations other U1an the City's own rc;ulations.
3. Regarding lhe provision of sewer service. the City's permitting requirements shall be
followed by Cherry Hills and its users. All sewer plans, specifications and methods of
work within Cherry Hills shall be submitted to the City in writing and approved by the
City prior to any construclion or tap in Cherry Hills' designated area. No permit shall be
final and no service shall be provided to property until construction is approved, in
writing by the City.
4. Cherry HilJs shall be responsible for the proper maintenance of ils sewer syslcm and
shall rectify any problems or conditions which have been detennined by Cherry Hills or
the City to be detrimental 10 the City's treatment process or system. Should the City
determine that any discharge enters the sewer system contrary to applicable laws,
ordinances, statutes, rules, regulations or permits; Cherry Hills agrees to proceed al once
to take whalevcr lawful means may be necessary to rectify any such problem or
condition.
S. The City shall have the riaht to allocate service under this Conlnlct. and the City 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 discoMect
service to any area aMexed to Cherry Hills when such aMcxation takes place without
prior written City approval.
Within one year of this agreement. Cherry Hills shall provide the City with an estimate
of the number of equivalent service taps needed for the next five (S) years under current
zoning and plaMed build out in the Cherry Hills area as shown on Exhibit A. Cherry
Hills shall continue to monitor zoning changes within its orca to estimate its tap
requirements and provide the City with notice of tap requirement for the next five (S)
year period which time shall be given to the City on each anniversary date of this
Agreement in a fonn satisfactory to the City.
6. The City may impose and collect reasonable f ecs. tolls and cbariiCS, which shall be
unif onn as to all outside-City users for the services provided by the City under this
CoMector's Agreement.
The City shall bill Cherry Hills• users directly for aU applicable City charges for services
rendered under this Agreement. Should any user not pay the City, the City shall bill
Cherry Hills and Cherry Hills shall pay the amount due to City within forty-five (45)
days of such billing. These charges are subject to adjustment by the City from time to
time. When such adjustment to these charges are made. the City shall give Cherry Hills
forty-five ( 45) days advance written notice.
The City may bill and collect .. District Charges•• imposed by Cherry Hills as an
additional item to be billed and collected by the City along with the City's Treatment
charge and other fees. The ''District Charges" received by the City shall be remitted by
the City to Cherry H~Us annually; less an amount equal to the City and Cherry HiUs
charges which remai~ delinquent. Cherry Hills shall notify the City of any changes in
the Cherry Hills charges to be imposed and the remittance schedule before May 1111 of
each year. '
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7. Subject lo the tenns of the Taxpayer's Bill of Rights (TABOR), the term of this
Asreement is for a period of three (3) years from the date of execution nnd automatically
renewed for six (6) subsequent three (3) year periods unless either party gives a
minimum of six (6) months written nolice, during which time Cherry Hills agrees that all
effluent produced from taps within Cherry Hills shall not be in violation of any federal,
state or City laws, rules or regulations, or any other applicable 10vemmentnl regulations
or the pennits under which the City operates its sewage treatment system. The City
agrees, during the tenn hereof, to treat said effluent and to maintain adequate facilities
for treating the same.
8. Cherry Hills agrees that it will maintain, at its own expense, all lines now owned and
operated by Cheny Hills, it being specifically agreed that the City assumes no
responsibility should any of Cherry Hills' lines become clogged, dnma;ed, or require
maintenance. Cherry Hills shall, if it deems necessary, notify its users of Cherry Hills'
procedure to remedy seavicc disruption.
9. Tbe City is providing only sewage treatment service and, pursuant thereto; any pennits
incidental to the use of the City's sewage Jines shall be governed only by this individual
Contract with Cherry Hills and the City does not, by this Contract, offer treatment
service except in strict accordance with the tenns hereof. This Contract does not offer,
and shall not be construed as offering, sewage treatment service to the public ,:enerally
or to any area outside the limits orCheny Hills' service area described in Exhibit A.
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II.
This Contract may not be assigned, sold or transrerred by Cherry Hills without the City's
written consent •
Should any f ederol law, rule, permit or regulation or should a decree or order of a court
render void or unenforceable any provision of this Contract, in whole or in part. the
remainder shall remain in full force and effect.
12. Cherry Hills shall enforce this Agreement and each of its terms and conditions within the
area described in .. Exhibit A." Cheny Hills shall refuse to serve a user or potential user;
discoMect 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 or noncompliance by such user with the terms of this Agreement;
c. Any violation or noncompliance by such user with the applicable laws, rules,
pennits or regulations of the City, the United States government, including the
EPA, the State of Colorado, the Department of Health. or other law. rule, permit or
applicable regulntion.
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13. Continued breach of this Agreement by Cherry Hills and/or its users shall be considered
cause for the City to tenninatc this Agreement. Should Cherry Hills fail lo promptly
rectify o breach of any provisions identified herein , after notice thereof, the City mny
take such steps and do such work as it deems necessary to enforce this Agreement,
including litigation and specifically a right to injunction or specific perfonnance aiiainst
Cherry Hills or any of its users as is necessary to protect the Cicy's system and
operations. The prevailing party shall be entitled to expenses and costs of suit, including
attorney f ces.
14. Should more than one district or City be connected to a sewer line. all districts or Cities
on the sewer line who arc in breach of this Asreemcnt shall be jointly and severally
liable for any such breach of this Agreement and each such district shall immediately.
after notice, rectify any problem or condition detrimental to the treatment process arising
within its legal boundaries. When more than one district is connected to a sewer line,
and the City discovers any violation of the terms of this connector's agreement; the City
shall not be required to prove which district is at fault but shall make available to all such
affected districts and Cities all information developed or accumulated by the City
pertaining to such breach. Nothing contained herein shall preclude a claim for indemnity
or contribution by any District or City against another District or City connected to a
common sewer line. CRS-13-21-111.5, as amended shall govern the percentage of
liability of any district e n a common sewer line in the event the City seeks to impose
liability based upon negligence or fault.
IS . This Contract shall not be used as n legal defense or prohibition to the mandatory
consolidation of faciliti es 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
State are a part under statutory or conslilutionnl authority.
CITY OF ENGLEWOOD, COLORADO
Rttndy P, Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
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pproved as to fonn:
By: ~ ;~
Lindo C. Michow, City Attorney
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EXHIBIT "A"
Geographic boundaries of the City of Cher~/ Hills Village, County
of A!apahoe, State of Colorado:
commencing at the NW corner of the s 1/2 of the NW 1/4 of
the NW 1/4 of Section 2, Township 5 South, Range 68 West
of the 6th Principal Meridian; thence East to ~th~ SW corner
of the NW 1/4 cf the NE 1/4 of the NW 1/4,~the..~ce North to
the ~lW corner of the NE 1/4 of the NE 1/~ of the NW 1/4 of
said Setion 2, thence East alo~he North line of Section
2 to the NW corner of Section 1; Tow.-.ship S s~uth, Range
68 West, continuing East along the North line of said
Section 1 to the NW cornRr of Section 6, Township 5 South,
Range 67 West of the 6t~ Principal Meridian , continuing
East along the North line of said Sec~ion 6· to the NE
corne~ of the NW 1/4 of sai d Section 6 , thence South along
the Ease line cf the NW !/4 of said Section G to the center
of Section 6, Township S South, Range 67 West, thence .East
a long the Nort h l i ne of the SE 1/4 of said Section 6,
2 ,642.16 feet ta the NE corner of the SE 1/4 of said Section
6, thence North along the East lin e cf said Section 6, 10.88
feet to the cecte: line of Happy Canyon Road, thence South
44°J 5 '35 11 East 3,708 .45 feet to the North 1 /4 c o rner of
Section B, Town ship 5 South , R~nse 67 West of the 6th Frin-
cipal Meridiac, thence South on the West line of the NE 1/4
of Section 8, Township 5 South, Range 67 West to the center
of said Section 8 , continuing South alon g the West line of
tr.e SE 1/4 of said S~ction B to the SW corner of the SE 1/4
o f said Section 8, t hence West to tr.e SE corr.e= of Section
7, Townshi~ S South, Rang~ 67 West of th~'Gth P~incipal
Meridian; continuing West a l ong tr.e Socth l ine of said
Section 7 to tr.es~ corner of sec~ion 12, Township 5 South,
Range 68 We s t of the 6th Principal Meridian, continuing West
along th~ South line of said Section 12 to the SE corner of
Section 11, Township 5 South, Range 68 West of the 6th
Principal Meridiant continu~ng West along the south line of
said Section 11 to the SW corner of said Section ll, the~ce
Ncrth along the west line of said sect ion 11 to t h e SW
corner of Section 2, Townships south, Range 68 West of the
5ch Principal Meridian, continuing North along the West
lir.e of said section 2 to the point of beginning .
EXCLUDING THE PROPERTY ON THE SOUTHEAST CORNER OF
UNIVERSITY AND EAST HAMPDEN AVENUE KNOWN AS THE BUELL
PROPERTY
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LEGAI, DESCR!PT!ON
OF THE PROPERTY KNOWN AS
THE BUELL PROl?ERTY
A parcel of land lying in the Northwest one-quarter (NW 1/4) of
Section 1, Township 5 Sc~th, Range sa West of tha 6th Principal
Meridian, City of Cherry Hills Village, County of Arapahoe, State
of Colorado, more particularly described as follows:
For the purl)ose of this description the bearing are based on the
easterly line of said NW 1/4 to bear South 00°18'12 11 West.
Commencing at the Northwest corner of said Section l;
Thence South 00°18'00" West along the westerly line of said
Section la distance of 75.00 feet to a point;
Thence North 89°57'13-East parallel with and 75.00 feet
aoutr.erly of the northerly line of said Section la
distance of 87.00 feet to the POINT OF BEGINNING;
Thence continuing North 89°57'l9" East along the southerly right
of way of East Hampden Avenue (US 285) as described in
Book 1153 at Page 81 a distance of 99i.l~ feet to a point;
Thence South 00°02'4ln East continuing along said southerly right
of way line a distance of 5.00 feet to a point;
Thence North 89°57'19" East continuing along said southerly right
of way lino a distance of 826.S7 feet to a point;
Thence South 00°19'29~ West a distance of 2077.26 feet to a
point;
Thence North 89°13'30" West a distance of 11ss.oo feet to a point
on the easterly line of The Reserve at Cherry Hills;
Thence North 00°18'00" East along said easterly line a distance
of 1180.00 feet to the northeas~ corner of said Reserve;
Thence North 83°1J'30ff West a distance of 680.00 feet along the
northerly line of said Reserve to a point on the easterly
right of way line of South University Avenue as described
in Book 1597 at Page 2371
Thence North 00°1a•oo" East along said easterly right of way line
a distclnce of 601.03 feet to a point,
Thence North 07°06'00 11 East continuing along said easterly right
of way line a distance of 100,70 feet to a point;
Thence North 00°18'00n East concinuing along said easterly right
of way line a distance of 160.00 feet to a point:
'l'hence North 45°21' 02 11 East: continuing along said easterly right:.
of way line a dista~ce of 21.27 feet to the POINT OF
BEGINNING,
Containing 69.07 acres, mo~e or less .
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• COUNCIL COMMUNICATION
Date Agenda Item Subject
November 3, 2014 9 a iii City of Cherry Hills Village
Sanitation District Wastewater
Connector's Agreement
INITIATED BY STAFF SOURCE
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council approved a standard sanitary sewer connector's agreement in January, 1988.
RECOMMENDED ACTION
At their October 7, 2014 meeting, the Englewood Water and Sewer Board recommended Council
approval of a bill for an ordinance renewing the City of Cherry Hills Village Sanitation District Wastewater
Connector's Agreement.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
A Sanitary sewer service is provided to districts outside of the Englewood corporate boundaries through the
W standard connector's agreement. The Littleton/Englewood Wastewater Treatment Plant is able to receive
and treat sewage transmitted by various districts. The attached agreement addresses this service with the
district that owns and maintains the sewer mains.
In the City of Cherry Hills Village Sanitation District there are 9,750 taps. The City of Cherry Hills Village
Sanitation District will continue to own the lines and will be responsible for capital improvements in its
system. The attached map shows the City of Cherry Hills Village Sanitation District.
The City Attorney's office has reviewed and approved the City of Cherry Hills Village Connector's
Agreement.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Approved Water and Sewer Board minutes from October 7, 2014
City of Cherry Hills Village Resolution
Bill for an Ordinance
WATER & SEWER BOARD
MINUTES
OCTOBER 7, 2014
Present: Wiggins, Penn, Olson, Lay, Gillet, Oakley, Habenicht, Waggoner
Absent: Bums, Moore
Also present: Stewart Fonda, Director of Utilities
John Bock, Manager of Administration
Mr. Yates, Englewood Councilperson
The meeting was called to order at 5 :00 p.m.
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1. MINUTES OF THE SEPTEMBER 9, 2014 WATER BOARD MEETING.
The Board received the minutes of the September 9, 2014 Water and Sewer Board meeting.
Motion:
Moved:
Motion carried.
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To approve the August 19, 2014 Water and Sewer Board meeting minutes
as written.
Waggoner Seconded: Habenicht
GUESTS: DAVID HILL AND PETER NICHOLS OF BERG, HILL & GREENLEAF AND
JOE TOM WOOD OF MARTIN & WOOD APPEARED TO DISCUSS THE HISTORY AND
USAGE OF ENGLEWOOD'S WATER RIGHTS.
Dan Brotzman, Englewood City Attorney noted that David Hill is working an inventory of water
rights.
2. LICENSE AGREEMENT WITH SOUTH SUBURBAN PARKS & REC. FOR THE BIG
DRY CREEK TRAIL.
South Suburban Parks and Recreation District has requested a license agreement to build a bike
path across the City Ditch right-of-way at the Big Dry Creek Trail connection at S. Windermere -
and Cornerstone Park. This is part of South Suburban's master plan for a bike path that spans
the South Denver metro area.
The construction easement will expire once the bike path is completed. The license agreement
will then allow crossing access over Englewood's City Ditch.
Motion:
To recommend Council approval of the ordinance for the license agreement and
construction easement with South Suburban Parks and Recreations District for the Big
Dry Creek Trail connection.
Moved: Waggoner Seconded: Lay
Motion carried.
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3. McLELLAN DEEP WELL REHABILITATION.
The McLellan deep well is used to offset demands, to maintain due diligence requirements for
Englewood's water rights and for augmentation purposes. The well is located on the south side
of County Line Road near Dad Clark Gulch. The 20-year old pump and cable are 950' 4'
underground and must be replaced.
Five bids were received. Staff recommends Colorado Pump Service & Supply Co. in the amount
of $56,044 as the lowest acceptable bidder.
Motion:
Recommend Council approval of a contract for the rehabilitation of the McLellan deep
well pump with Colorado Pump Service & Supply Company in the amount of $56,044.
Moved: Habenicht Seconded: Waggoner
Motion carried.
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4. SOUTHGATE SUPP. #171.
A request was made by the Southgate Sanitation District representing the owner, Aspen
Academy Investment Fund, for exclusion of Supplement # 171 consisting of a parcel totaling
4.047 acres out of the Southgate Sanitation District. The property is currently zoned R-1.0 PUD,
which is a residential classification, but has a special use permit that allows it to operation as a
school. The property is located on the corner of S. University Blvd. and E. Orchard Rd.
Through an error, it was believed that this parcel was in the Southgate Sanitation District. It is,
however, located in the South Arapahoe Sanitation District. The Petition for Exclusion from
Arapahoe County District Court with Southgate Sanitation District was granted on July 8, 2014
and recorded on July 15, 2014.
Motion:
To recommend Council approval of Southgate Sanitation District Supplement# 171 .
Moved: Waggner Seconded: Lay
Motion carried.
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5. CITY OF CHERRY HILLS VILLAGE SANITATION DISTRICT WASTEWATER
CONNECTOR'S AGREEMENT.
The Littleton/Englewood Wastewater Treatment Plant is able to receive and treat sewage
transmitted by various districts. In the City of Cherry Hills Village Sanitation District there are
9,750 taps. The City of Cherry Hills Village Sanitation District will continue to own the lines
and will be responsible for capital improvements in its system. The City Attorney's office has
reviewed and approved the City of Cherry Hills Village Sanitation District Connector's
Agreement.
Motion:
To recommend Council approval of the City of Cherry Hills Village Sanitation District
Connector's Agreement.
Moved: Penn Seconded: Wiggins
Motion carried.
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6. CHERRY HILLS VILLAGE SAN. DISTRICT SANITARY SEWER SUPPLEMENT
#5.
A request was made by the City of Cherry Hills Village Sanitation District representing the
owner, Harrison Oaks North LLC, for inclusion into the City of Cherry Hills Village Sanitation
District. The site is on 16.269 acres and is zoned R-2.5 residential. The site will be subdivided
into 5 to 6 residential sites. The property is located at 4000 E. Belleview Ave.
Motion:
Recommend Council approval of a Bill for an Ordinance approving the City of Cherry
Hills Village Sanitation District Sanitary Sewer Supplement #5 for Harrison Oaks North -
located at 4000 E. Belleview Ave.
Moved: Waggoner Seconded: Habenicht
Motion carried.
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7. ALLEN PLANT ALUM RESIDUALS REMOVAL AND DISPOSAL.
Tom Brennan discussed.
There are low levels of naturally occurring radionuclides in Englewood's source water that are
removed through treatment and ultimately reside in the residuals generated at the plant. The
residuals are considered Technologically-Enhanced Naturally Occurring Radioactive Materials
(TENORM) and have additional disposal considerations based on the Colorado Department of
Public Health and Environment regulatory requirements.
The only current means of residual disposal is for disposal at Clean Harbors Deer Trail Facility.
Utilities staff is recommending sending an additional 1000 cubic yards of residuals to Clean
Harbors. The current contract with Secure On-Site Services USA is still in force, with the
vendor willing to honor his bid price from March. It is expected that the price may increase
when bids are received next year. -
Motion:
To recommend disposal of 1000 cubic yards of material by Secure On-site Services USA
at a price of $232,007.10 in accordance with the current contract that is in effect.
Moved: Waggoner Seconded: Habenicht
Motion carried.
The meeting adjourned at 6:35 p.m.
The next Water and Sewer Board meeting will be Tuesday, November 11, 2014 at 5:00 in the
Community Development Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary
RESOLUTION NO.
SERIES 2014
INTRODUCED BY:
SECONDED BY:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHERRY HILLS
VILLAGE AUTHORIZING THE MAYOR TO EXECUTE A WASTEWATER
CONNECTOR'S INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF
ENGLEWOOD ON BEHALF OF THE CITY
WHEREAS, the City of Cherry Hills Village ("City") is authorized to enter into
intergovernmental agreements pursuant to C.R.S . § 29-1-201 et seq. and Article XIV, Section
18(2)(a) of the Colorado Constitution; and
WHEREAS, Section 13.6 of the City's Home Rule Charter provides that the Council
may, by resolution or ordinance, enter into agreements with other governmental units for
services; and
WHEREAS, the City entered into that certain Wastewater Connector's Agreement with
the City of Englewood dated September 30, 1993 (the "Connector's Agreement"); and
WHEREAS, the City and Englewood amended the Connector's Agreement on
November 15, 1995 (the "1995 Modification") to enlarge the service area under the Connector's
Agreement to include the entire geographic area of the City of Cherry Hills Village as the same
now exists or may be amended from time to time, and as such service area is more particularly
described and set forth in the 1995 Modification; and
WHEREAS, the Connector's Agreement, as modified by the 1995 Modification , is set to
expire on September 30, 2014; and
WHEREAS, the City of Englewood owns and operates a sewage collection system,
including the Littleton/Englewood Wastewater Treatment Plant which is located at 2900 S.
Platte River Drive and is jointly owned with the City of Littleton; and
WHEREAS, Englewood's sewage collection is physically located so as to be able to
continue to receive and treat wastewater from the City of Cherry Hills Village; and
WHEREAS , the City Council desires to renew the Connector's Agreement with the City
of Englewood; and
WHEREAS, the City Council desires to authorize the Mayor to execute the Connector's
Agreement with Englewood once the same has been reviewed and approved by the City
Manager and the City Attorney.
Resolution_, Series 2014
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF •
CHERRY HILLS VILLAGE, COLORADO THAT:
Section 1. Execution of Connector's Agreement Authorized. The City Council
hereby (a) adopts the above recitations as findings of the City Council; (b) approves entering
into a Wastewater Connector's intergovernmental agreement with the City of Englewood; (c)
authorizes the City Manager and the City Attorney, in consultation with the Mayor, to make such
changes as may be needed to the Connector's Agreement to correct any nonmaterial errors or
language that do not increase the obligations of the City; and (d) authorizes the Mayor to
execute the Connector's Agreement on behalf of the City when in final form.
Section 2. Effective Date. This Resolution shall be effective immediately.
Introduced, passed and adopted at the
regular meeting of the City Council this _ day
of September, 2014, by a vote of_ Yes and_ No.
ATTEST:
Laura Smith, City Clerk
(SEAL)
Resolution_, Series 2014
Page 2 of2
Douglas M. Tisdale, Mayor
Approved as to form:
Linda C. Michow, City Attorney