HomeMy WebLinkAbout2013 Ordinance No. 010•
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CON'I'R4CT. NO. L/ 8-dO 13
ORDINANCE NO. Ii)_
SERIES OF 2013
BY AUTHORITY
COUNCIL BILL NO. 6
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL WASTEWATER
CONNECTOR'S AGREEMENT FOR DISTRICTS BETWEEN VALLEY SANITATION
DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO.
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 LIE
Wastewater Treatment Plant (WWTP); and
WHEREAS , the LIE WWTP prov ides sanitary sewer service to districts outside of the
Englewood corporate boundaries through a standard connector 's agreement ; and
WHEREAS, the Valley Sanitation District Wastewater desires to utilize the LIE WWTP for
treatment of the District's sewage; and
WHEREAS , the Valley Sanitation District has 2,293 taps ; and
WHEREAS , the LIE WWTP is situated physically as to be able to receive and treat the sewage
from a designated area served by the Valley Sanitation District and gathered by the District 's
sanitary sewage system; and
WHEREAS , Valley Sanitation District w ill continue to own the lines and will be responsible for
capital improvements and maintenance in its system; and
WHEREAS , the Englewood Water and Sewer Board reviewed and recommended approval of
the Valley Sanitation Wastewater Connector 's Agreement at the March 12 , 2013 meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS:
Section 1. The Intergovernmental Agreement between the City of Englewood and Valley
Sanitation District entitled "Wastewater Connector 's Agreement For Districts" is hereby
approved; a copy is attached hereto as Exhibit 1.
Section 2. The Mayor is authorized to execute and City Clerk to attest and seal the
Intergovernmental "Wastewater Connector 's Agreement", for and on behalf of the Englewood
City Council.
Introduced, read in full, and passed on first reading on the 1st day of April, 2013 .
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 5th day of •
April, 2013.
Published as a Bill for an Ordinance on the City's official website beginning on the 3rd day of
April, 2013 for thirty (30) days .
Read by title and passed on final reading on the 15th day of April , 2013.
Published by title in the City's official newspaper as Ordinance No . /O, Series of 2013, on
the 19th day of April, 2013.
Published by title on the City 's official website beginning on the 17th day of
April, 2013 for thirty (30) days .
Penn, Mayor
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is jl true copy of the Ordinance passed on final reading and published by
title as Ordinance No.1/2_, Series of 2013 . •
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WASTEWATER
CONNECTOR'S AGREEMENT
For Districts
4 /19 /2012
Revision
Sewer Contract No. ___ _
TillS 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 VALLEY SANITATION DISTRICT, a quasi-municipal corporation and
subdivision of the State of Colorado, hereinafter called "District," acting by and through its
authorized Representative.
WITNESSETH
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 the District and gathered by
the District's sanitary-sewage system; and
WHEREAS, it is the desire of the District 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, it is mutually agreed by the parties as follows:
1. The City hereby agrees under the conditions hereinafter set forth, to treat the sewage
originating from the District's sanitary sewer system within the area served by the
District as approved by the City and as indicated in the description attached hereto,
incorporated herein and marked as "Exhibit A."
2.
The District specifically agrees to prevent sewage from any area other than that
described herein, from being discharged into the District's sanitary sewage system
connected to the City's trunk line and to prevent connections to the system from or in
any area other than those described herein. ·
In the operation of the District 's sanitary sewer system, the District agrees that all
applicable Code provisions and rules and regulations of the City, including amendments
thereto during the term of the contract, shall be the minimum standards for the District's
system. The District further agrees to abide by all applicable state and federal laws,
rules, regulations , or permits, including those of the Environmental Protection Agency
(the EPA) as they become effective or implemented or upon notice from the City. The
District shall inform all users , contractors and subcontractors of such standards, rules and
regulations upon inquiry from such persons, and shall not furnish any information
inconsistent therewith. In this regard, it shall be the responsibility of the District to
obtain the applicable requirements from the appropriate governing body. The City shall
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attempt to maintain and provide information on all requiremertt1To the District; however,
the City does not guarantee the accuracy or completeness of government regulations
other than the City's own regulations.
3. Regarding the provision of sewer service, the City's permitting requirements shall be
followed by the District and its users. All sewer plans, specifications and methods of
work within the District shall be submitted to the City in writing al}d approved by the
City prior to any construction or tap in the District's 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. The District shall be responsible for the proper maintenance of its sewer system and shall
rectify any problems or conditions which have been determined by the District or the
City to be detrimental to 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, the District agrees to proceed at once
to take whatever lawful means may be necessary to rectify any such problem or
condition.
5. The City shall ha'o/e the right to allocate service under this Contract, 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 disconnect
service to any area annexed to the District when such annexation takes place without
prior written City approval.
Within one year of this agreement, the District shall provide the City with an estimate of
the number of equivalent service taps needed for the next five (5) years under current
zoning and planned build out in the District's area as shown on Exhibit A. The District
shall continue to monitor zoning changes within its area to estimate its: tap requirements
and provide the City with notice oftap requirement for the next five (5) year period
which time shall be given to the City on each anniversary date of this Agreement in a
form satisfactory to the City.
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 shall bill the District users directly for all applicable City charges for services
rendered under this Agreement. Should any user not pay the City, the City shall bill the
District and the District 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 the District forty-
five ( 45) days advance written notice.
The City may bill and collect "District Charges" imposed by the Districts 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 the District annually; less an amount equal to the City and District charges
which remain delinquent. The District shall notify the City of any changes in the District
charges to be imposed and the remittance schedule before May 1st of each year.
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Subject to the terms of the Taxpayer's Bill of Riglits (TABOR), the term of this
Agreement is for a period of three (3) years from the date of execution and automatically
renewed for six (6) subsequent three (3) year periods unless either party gives a
minimum of six (6) months written notice, during which time the District agrees that all
effluent produced from taps within the District shall not be in violation of any federal,
state or City laws, rules or regulations, or any other applicable go'i{ernm.ental regulations
or the permits under which the City operates its sewage treatment '~ystem. The City
agrees, during the term hereof, to treat said effluent and to maintain adequate facilities
for treating the same.
8. The District agrees that it will maintain, at its own expense, all lines now owned and
operated by the District, it being specifically agreed that the City assumes no
responsibility should any of the District's lines become clogged, damaged, or require
maintenance. The District shall, if it deems necessary, notify its users of the District 's
procedure to remedy service disruption.
9. The City is providing only sewage treatment service and, pursuant thereto; any permits
incidental to the use of the City's sewage lines shall be governed only by this individual
Contract with the District and the City does not, by this Contract, offer treatment service
except in strict accordance with the terms hereof. This Contract 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 District's service area described in Exhibit A.
10 . This Contract may not be assigned, sold or transferred by the District without the City's
written consent.
11. 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 Contract, in whole or in part, the
remainder shall remain in full force and effect.
12. The District shall enforce this Agreement and each of its terms and conditions within the
area described in "Exhibit A." The District shall refuse to serve a user or potential user;
disconnect the service of any user pursuant to appropriate law; or talce other appropriate
action in the event of:
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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,
permits or regulations of the City, the United States government, including the
EPA, the State of Colorado, the Department of Health, or other law, rule, pennit or
applicable regulation.
Continued breach of this Agreement by the District and/or its users shall be considered
cause for the City to terminate this Agreement. Should the District fail to promptly
rectify a breach of any provisions identified herein, after notice thereof, the City may
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 performance against
the District or any of its users as is necessary to protect the City's system and operations .
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The prevailing party shall be entitled to expenses and costs of shit, including attorney
fees. ''
14. Should more than one district be connected to a sewer line, all districts on the sewer line
who are in breach of this Agreement 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 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 against another District connected to a common sewer line. CRS-13-21-111.5,
as amended 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.
15 . This Contract shall not be used as a legal defense or prohibition to the mandatory
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
State are a part under statutory or constitutional authority.
CITY OF ENGLEWOOD, COLORADO
RarLdy P. Renn ,Mayor
ATTEST:
Louc ,rii:.shia''.As Ellis , pty Clerk
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VALLEY SANITATION DISTRICT
Phylli~ Gooden, President
STATE OF COLORADO
COUNTYOF~
Witness my hand and official seal.
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NOTARY PUBLIC
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EXHIBIT A
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SERVICE BOUNDARY MAP
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LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT
INDUSTRIAL PRETREATMENT DIVISION
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TO:
FROM:
DATE
SUBJECT:
COPIES:
MEMORANDUM
Mike Pattarozzi, Fire Chief
Jon Bridges, WWTP Industrial Pretreatment Administrator M
February 19, 2013
ENGLEWOOD FIRE TRAINING CENTER -WEST CHENANGO
AVENUE
Stu Fonda, Director of Utilities
Dennis Stowe, Manager LIE WWTP
The Littleton/Englewood Wastewater Treatment Plant (LIE WWTP) Industrial Pretreatment Division
(Division) regulates indirect discharge to the Publicly Owned Treatment Works in order to protect
the plant, the workers , and ensure compliance with the plant's Colorado Discharge Permit System
(CDPS) permit. In order to achieve these objectives the Division has implemented various programs
to regulate discharges from commercial and industrial sectors of the LIE WWTP service area. The
proposed discharge from the Englewood Fire Training Facility is one such discharge.
Facilities generating process wastewater in the LIE WWTP service area must manage that
wastewater in accordance with City of Englewood and City of Littleton Municipal Codes. Two
overall options exist for manag_ing process wastewater. The first is managing the wastewater without
a discharge to the sanitary sewer. This is known as zero discharge and is accomplished in many
instances by treating and re-using the wastewater onsite. The West Metro Fire Training Center
utilizes this type of system. Other means of zero discharge operation include evaporating the
wastewater or hauling the wastewater off-site. In each of these instances there is no connection to the
sanitary sewer system.
The second option for managing process wastewater is through discharge to the sanitary sewer, in
accordance with municipal codes and other applicable regulations. This requires installing a
permanent connection to the sanitary sewer system along with appropriate pretreatment to comply
with Division requirements. Based on the Division's understanding of the proposed plan, this would
likely involve the installation of some type device to remove floatable and settleable materials from
the wastewater prior to discharging to the sanitary sewer connection. Measures would also need to be
put in place to minimize storm.water infiltration into _the sanitary sewer through the process
wastewater collection system. This may be a possibility for the Englewood Fire Training Center .
However, the Division will require project plans and specifications in order to evaluate any potential
discharge to the LIE WWTP . A full evaluation of requirements can be completed by the Division
once plans are submitted ..
• COUNCIL COMMUNICATION
Date Agenda Item Subject
April 1, 2013 9 a ii Valley Sanitation District
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 March 12, 2013 meeting the Englewood Water and Sewer Board recommended Council approval
of the Valley Sanitation District Wastewater Connector's Agreement.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
• Sanitary sewer service is provided to districts outside of the Englewood corporate boundaries through the
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.
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In the Valley Sanitation District there are 2293 taps. The Valley Sanitation District Sanitation District will
continue to own the lines and will be responsible for capital improvements in its system. The attached map
shows the Valley Sanitation District boundaries.
The City Attorney's office has reviewed and approved the standard Connector's Agreement.
FINANCIAL IMPACT
None.
UST OF ATTACHMENTS
Minutes from March 12, 2013 Water and Sewer Board meeting
Telephone poll from March 19, 2013 approving March 12, 2013 Minutes
Proposed Bi ll for Ordinance
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Present:
Absent:
WATER & SEWER BOARD
MINUTES
TUESDAY, MARCH 12, 2013
Oakley, Wiggins, Lay, Waggoner , Moore, Penn, Burns, Habenicht
Olson, Woodward
Also present: Yasser Abouaish-City Engineer, Stu Fonda -Director of Utilities , John Bock -
Utilities Manager of Administration
MINUTES OF THE FEBRUARY 12, 2013 MEETING.
The Board reviewed the February 12, 2013 Water Board Minutes.
Motion: Board moved to approve the February 12, 2013 Water Board Minutes.
Moved: BlU11S Seconded: Waggoner:
Motion passed unanimously.
SOUTHGATE SANITATION DISTRICT SUPPLEMENT #169.
A request was made by the Southgate Sanitation District representing the owner, Howard
Bellowe and Jacquelline Stern, for inclusion of Southgate Supplement #169 consisting of a
parcel totaling 1.2 acres into the Southgate Sanitation District for residential use. The purpose of
the inclusion is to install a sewer line and connect to the existing sewer main in the street. The
property is located on the north side ofE. Garden Avenue, east of Colorado Blvd .
Motion:
Moved:
To recommend Council approval of a Bill for Ordinance approving Southgate
Supplement # 169 .
Waggoner Seconded: Burns
Motion passed unanimously .
[Ifill 3. VALLEY SANITATION DISTRICT CONNECTORS AGREEMENT.
Valley Sanitation District has submitted a Wastewater Connector's Agreement for providing
sanitary sewer service to districts outside the Englewood corporate boundaries. The
Littleton/Englewood Wastewater Treatment Plant receives and treats sewage transmitted by
various sanitation districts. The connector's agreement addresses this service with the district
owing and maintaining the sewer mains.
Motion:
Moved:
To recommend Council approval of the Valley Sanitation District Wastewater
Connector's Agreement.
Bums Seconded: Habenicht
Motion passed unanimously.
GUEST: YASSERABOUAISH-WATERCONSERVATION PLAN.
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The Board received a draft of the Water Conservation Board, the Englewood Conservation
Measures & Programs outline and the water conservation plan timeline . Yasser noted that there
are fifteen water conservation measures, with numbers 1 through 3 the most important measures . •
Water Board members, staff and the public are encouraged to submit their comments. The final
draft will be published for 60 days from May 1 to June. 30. The official public hearing will be
on June 11, 2013 during the Water Board meeting. After public comments are received and
reviewed, the Water Conservation Plan will go for Council approval then submitted to the Water
Conservation Board for approval.
ENGLEWOOD W. CHENANGO FIRE TRAINING CENTER.
A memo dated February 19 , 2013 from Mike Pattarozzi, Fire Chief, was given to the Board as an
infonnational ite111. It notes that one option to comply with the CDPS Permit is to allow runoff
from the site to be discharged to the sanitary sewer system, in accordance with municipal codes
and regulations Penn noted concerns about the high cost of moving the training center or
sending Englewood firefighters to South Metro.
CITIZEN REQUEST REGARDING BILLLING ISSUES.
The Board received a request from Greg Schaller of 6822 E. Heritage Place S. to waive the late •
fee from his October 1, 2012 sewer bill.
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The Board received a memo regarding Mr. Lehman at 4546 S. Pennsylvania St. Mr . Lehman is
requesting that he receive a full refund of $79.00 without having to pay the sewer, storm water
and concrete charges due for March, April and May, 2013.
Motion:
Moved:
To deny bill reduction requests for 6822 S . Pennsylvania St. and 4546 S .
Pennsylvania St.
Waggoner Seconded: Burns
Motion passed unanimously.
INFORMATION ON WATER HARDNESS.
The Board received a copy of an e-mail from Jolm Bock to Diane Ramey regarding the mineral
content and the resulting water hardness in the Englewood water system.
PROPOSED STORMWATER REGULATIONS .
Mr. Fonda discussed sending a letter to Colorado's congressional delegation concerning
stormwater regulations that the USEP A is cmTently developing that could have a harsh financial
impact on communities across the country. Stu noted that this might affect Englewood's MS4
Stormwater Pe1mit
Motion:
Motion:
To recommend Council approval to send letters to Colorado's congressional
delegation concerning stonnwater regulations that the USEP A i s developing .
Oakley Seconded: Habenicht
Motion passed unanimously.
t~/9. CONTINUED FUNDING IN THE FY2014 BUDGET FOR DRINICTNG
WATER AND WASTEWATER RELATED RESEARCH.
Stu revi ewed the imp01iance of continued funding in the FY2014 Budget for drinking water and
wastewater related research at the EPA in pminership with local wastewater and drinking water
utilities. EPA working in conjunction with the Water Research Foundation and the Water
Environment Research Foundation helps to ensure that sound science governs compliance with
Safe Drinking Water Act and Clean Water Act regulations.
Motion: Recommend Stewmi Fonda to send letters to the Colorado Congressional staff
supporting continued supp01i in the FY2014 to continue f-tmding drinking water
and wastewater related research at the EPA in parinership with local wastewater
and drinking water utilities.
Moved: Oakley Seconded: Waggoner
Motion passed unanimously.
Meeting adjourned 5:45 p.m.
The next Englewood Water Board meeting will be Tuesday, April 9, 2013 at 5:00 p.m. in the
Community Development Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary
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WATER & SEWER BOARD
PHONE VOTE -TUESDAY, MARCH 19, 2013
Phone Vote Roll Call.
Contacted: Clyde Wiggins, Chuck Habenicht, Kells Waggoner, Jim Woodward, Joe Lay,
Wayne Oakley, Ranch Penn
Not Contacted: Linda Olson, Tom Bums
1. MINUTES PO THE MARCH 12 , 201'3 MEETING.
Motion: Approve the minutes of the March 12, 2013 Water and Sewer Board meeting.
Moved:
Abstain:
Habenicht
Olson
Motion passed unanimously.
Seconded: Waggoner
The next Water and Sewer Board meeting will be Tuesday, April 9, 2013 at 5:00 p.m. in the
Community Development Conference Room.
Respectfully submitted,
Cathy Bmrnge
Recording Secretary