HomeMy WebLinkAbout2013 Ordinance No. 025...
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ORDINANCE NO%
SERIES OF 2013
BY AUTHORITY
COUNCIL BILL NO. 22
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL WASTEWATER
CONNECTOR'S AGREEMENT BETWEEN SHERIDAN SANITATION DISTRICT NO. 1
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 provides sanitary sewer service to districts outside of the
Englewood corporate boundaries through a standard connector's agreement; and
WHEREAS, the Sheridan Sanitation District No. 1 desires to utilize the LIE WWTP for
treatment of the District's sewage; and
WHEREAS, the Sheridan Sanitation District No. 1 has approximately 300 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 Sheridan Sanitation District No. 1 and gathered by the
District's sanitary sewage system; and
WHEREAS, Sheridan Sanitation District No. 1 will 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 Sheridan Sanitation District No. 1 Wastewater Connector's Agreement at the May 14, 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 Sheridan
Sanitation District No. 1 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.
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Introduced, read in full, and passed on first reading on the 1st day of July, 2013.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 5th day of
July, 2013.
Published as a Bill for an Ordinance on the City's official website beginning on the 3rd day of
July, 2013 for thirty (30) days.
Read by title and passed on final reading on the 15th day of July, 2013 .
Published by title in the City's official newspaper as Ordinance N~ Series of 2013, on
the 19th day of July, 2013.
Published by title on the City's official website beginning on the 17 th day of
July, 2013 for thirty (30) days.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a !Die copy of the Ordinance passed on final reading and published by
title as Ordinance No.~5, Series of 2013.
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4 /19/2012
Revision
WASTEWATER
CONNECTOR'S AGREEMENT
For Districts
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 SHERIDAN SANITATION DISTRICT NO. 1, 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 otherthan those describedherein._
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 requirements to 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 and 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 have 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 thi.s 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 of tap 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 dueto 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
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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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7. Subject to the terms of the Taxpayer's Bill of Rights (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 governmental regulations
or the permits under which the City operates its sewage treatment system. 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 take 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, permit 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 suit, 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
, Mayor
ATTEST:
, City Clerk
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SHERIDAN SANITATION DISTRICT NO. 1
STATE OF COLORADO
COUNTY OF ~a_,,q_A.o--e.-
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The foregoing instrument was acknowledged before me this 9;4J. day of YYh _JLt}l, ,
20 I~' by A,\ e f'(l f \:YlCL-rpk ' ·
Witness my hand and official seal.
My Commission expires: 9 ~ 5-~0 6
CRYSTAL D. CHENCK
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 9/5/2 □:13
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Sheridan Sanitation District #1
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• SHERIDAN SANITATION DISTRICT No.1
3757 South ~ooker Street
Engiewood (Sheridan) CO 80110-3226
SHERIDAN SANITATION DISTRICT No.1 'described lands situate, lying and
being in the County of Arapahoe, State of Colorado, to wit:
ALL OF BLOCK 7, lots 1 thru 28, BLOCK 8, lots 1 thru 22, BLOCK 9,
lots 7 thru 22, BLOCK 10, lots 7 thru 22, BLOCK 11, lots 7 thru 25,
SHERIDAN HILLS SECOND ADDITION;
Lota 1 thru 33, second r-esubdivision of' BLOCKS 12, 13, .14, and 15,
SHERIDAN HILLS SECOND ADDITION.
All or South Park, Mobile Home Park, included Parcels, 016, 015, 014,
013, 011, 004. Bonsai Nursery Parcel 005, Carousel Co., A Discount Storage,
Parsel 0~7. ·
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COUNCIL COMMUNICATION
Date Agenda Item Subject
July 1, 2013 9 a i Sheridan Sanitation District. No.
1 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 April 9, 2013 meeting the Englewood Water and Sewer Board recommended Council approval of
the Sheridan Sanitation District No. 1 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.
In the Sheridan Sanitation District No. 1 there are approximately 300 taps . The Sheridan Sanitation District
No. 1 will continue to own the lines and will be responsible for capital improvements in its system. The
attached maps show the Sheridan Sanitation District No. 1 boundaries.
The City Attorney's office has reviewed and approved the standard Connector's Agreement.
FINANCIAL IMPACT
The City will continue to collect sewer fees from customers in the district.
LIST OF ATTACHMENTS
Minutes from May 14, 2013 Water and Sewer Board Meeting
Minutes from June 11, 2013 Water and Sewer Board Meeting
Proposed Bill for Ordinance
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Present:
Absent:
WATER&SEWERBOARD
MINUTES
MAY 14, 2013
Wiggins, Habenicht, Waggoner, Moore, Woodward, Bums, Olson
Lay,Penn
Also present: Yasser Abouaish -City Engineer, Stu Fonda -Director of Utilities, John Bock,
Utilities Manager of Administration.
The meeting was called to order at 5:04 p.m.
1. MINUTES OF THE MARCH 12, 2013 MEETING AND PHONE VOTE OF MARCH
19, 2013 .
The Board received the Minutes of the March 12, 2013 Water Board Meeting and the resulting
phone vote of March 19, 2013.
2. SHERIDAN SANITATION DISTRICT NO. 1 WASTEWATER CONNECTOR'S
AGREEMENT.
There are approximately 300 taps in the Sheridan Sanitation District No. 1. In the Connector's
Agreement, Sheridan Sanitation District No. 1 will continue to own the lines and be responsible
for capital improvements in the sewer system. The City Attorney's office has reviewed and
approved the standard Connector's Agreement.
Motion:
Moved:
To recommend Council approval of the Sheridan Sanitation District No. 1
Wastewater Connector's Agreement.
Waggoner Seconded: Habenicht
Motion carried .
3. AMENDMENT NO. 5 -ALLEN WATER TREATMENT PLAN ULTRA VIOLET
DISINFECTION SYSTEM CONSTRUCTION SERVICES.
Tom Brennan, Utilities Engineer, appeared to discuss the Amendment No. 5 Scope of Work for
the Allen Water Treatment Plant Ultraviolet Disinfection System Construction Services for
additional services and scope of work in the amount of $64,530. The additional services
required are for a revised Building Department review process and bid period extension, change
of site conditions for gate replacement and gravity bypass coring and to perfonn a tracer study of
the clearwell with the UV disinfection facility in operation.
Motion:
Moved:
To approve Amendment No. 5 for the Allen Treatment Plant Ultraviolet
Disinfection System Construction Services in the amount of $64,530.
Bums Seconded: Waggoner
Motion passed unanimously.
4. SOUTHGATE SUPPLEMENT #170.
A request was made by the Southgate Sanitation District representing the owner, Howard &
Jacqueline Bellowe, for inclusion of Supplement #170 consisting of a parcel totaling 1.1 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 prope1iy is located
on the north side ofE. Garden Ave., east of Colorado Blvd. at 5400 S. Colorado Blvd.
Motion:
Moved:
To recommend Council approval of a Bill for Ordinance approving Southgate
Supplement #170 for Howard and Jacqueline Bellow.
Moore Seconded: Bums
Motion passed unanimously.
5. COUNCIL REQUEST FROM JOE JEFFERSON RE: WATER QUALITY.
The Board received an e-mail from Becky Campbell regarding contaminants in Englewood
water. Utilities staff responded with an attachment, "Tap Water Delivers," explaining the EPA
and Colorado Department of Public Health regulations limiting the amount of contaminants in
water provided by public water systems.
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6. BOARD AND COMMISSION APPRECIATION NIGHT.
There will be a Board and Commission appreciation night social on Monday, June 24, 2013 at
6:00 p.m. in the City Hall Community Room.
7. FIRE SPRINKLER SYSTEMS IN NEW SINGLE FAMILY HOMES.
The Board received a memo from John Bock dated May 7, 2013 discussing the newly adopted
Unifonn Building Code that requires fire sprinkler systems in new, single family homes. A
resolution was proposed that Englewood Utilities will not charge tap fees or consumption
charges for fire protection. Also it was proposed that, if necessary to meet fire flow
requirements, the City will provide a 1" water connection at the¾" rate and charge¾" usage
rates.
It was noted that if a glycol system is used, a cross connection control device must be installed
and an annual inspection is required. Mr. Fonda noted a concern that subsequent owners would
not be aware of the annual inspection requirements. It was proposed to require the owner to sign
an agreement acknowledging the annual inspection requirement and that the agreement will be
recorded against the deed .
Motion:
Moved:
To adopt a policy requiring owners installing glycol fire suppression systems to
install a backflow prevention system and submit to an annual inspection. The
agreement will be recorded against the deed for infonning future property owners.
Moore Seconded: Habenicht
Motion passed unanimously.
John Bock will draft a resolution which the Board can recommend to City Country for adoption.
8. ARTICLE FROM ENGLEWOOD HERALD, "WATERPLAN AWAITS COMMENT."
The Board received a copy of an article that appeared in the April 26, 2013 Englewood Herald
about the opportunity for residents to submit comments on the proposed water conservation plan .
The deadline for public comment is July 1, 2013 .
9. SELF-GUIDED TOUR OF MEADOW CREEK AND BOREAS PASS DITCH .
The Board received packets for self-guided tours of Meadow Creek and the Boreas Pass Ditch.
Joe Tom Wood will appear at the next meeting to discuss Meadow Creek history.
10. MR. MARK MOLNUA -10326 BLUFFMONT DR. -LATE FEE.
Mr. Molnua submitted a request to have his outside sewer account late fee waived. Mr. Molnau
is a prior tenant renting from the prior owner of 10326 Bluffmont Dr.
Motion: To deny Mr. Molnau's request to have the late fee waived on the sewer bill for
10326 Bluffmont Dr.
Moved: Waggoner Seconded: Habenicht.
Motion passed unanimously.
11 . ALLEN PLANT SLUDGE.
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Mr. Fonda discussed alum sludge disposal sites and options. A professional services contract •
with Arcadis was discussed for dealing with the State for alum sludge waste disposal sites and
the option of sending it to the Littleton/Englewood Wastewater Treatment Plant for processing.
Arcadis has had experience in this field with Castle Rock. The Board approved using Arcadis in
a professional services capacity, if a satisfactory contract can be negotiated. The contract will be
presented to the Board at a future meeting. ·
12 . SUPREME COURT WATER EXCHANGE CASE.
Mr. Fonda reviewed the pending Supreme Court water exchange case with Denver. The judge
should be ruling on June 4 , 2013.
13. MS4 STORMWATER PERMIT.
Englewood's existing MS4 Stonnwater Pennit includes Englewood Public Schools.
Construction activities for the schools are controlled by the State of Colorado. If the schools
remain on the MS4 Permit, Englewood's pe1mit could be in violation for activities of the
schools. Englewood schools can obtain an MS4 Permit. The Board agreed that they should •
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obtain their own pe1mit. The Englewood Utilities Department would be available to show the
schools how to apply.
The meeting adjourned at 6 :05 p .m.
The next Englewood Water Board meeting will be Tuesday, June 11 , 2013 at 5:00 p.m. in the
Community Development Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary
City of Englewood
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Present:
Absent:
WATER & SEWER BOARD
MINUTES
TUESDAY, JUNE 11, 2013
5:00 P.M.
Oakley, Wiggins, Habenicht, Waggoner, Moore, Woodward , Bums, Olson, Lay,
Penn
None
Also present: Stu Fonda -Director of Utilities, Tom Brennan -Utilities Engineer
The meeting was called to order at 5:02 .
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1. MINUTES OF THE MAY 14, 2013 WATER BOARD MEETING.
The Board approved the Water and Sewer Board Minutes of the May 14, 2013 meeting. A
correction in the May 14, 2013 Minutes was noted. Mr. Oakley was absent for this meeting.
Motion: To approve the May 14, 2013 Water and Sewer Board Minutes as amended.
Moved: Woodward Seconded: Habenicht
Motion approved unanimously.
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2. GUEST: JOE TOM WOOD -MARTIN & WOOD.
MEADOW CREEK RESERVOIR HISTORY.
Joe Tom Wood, Water Engineer of Martin &Wood, and associate Craig Lis appeared to discuss
the Meadow Creek Reservoir history and its' importance to the City of Englewood's water
supply system. Also discussed was the contractual relationship to Denver Water and projects at
Meadow Creek .
The Board received a copy of, "A History of the Development of Englewood's Cabin-Meadow
Creek System by Joe Tom Wood."
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3. BOW MAR SANITATION DISTRICT CONNECTOR'S AGREEMENT.
Bow Mar Sanitation District submitted a standard connector's agreement for receiving and
treating sewage transmitted by the Bow Mar District. There are approximately 93 taps and the
district will continue to own and maintain the sewer mains. The City Attorney's office has
reviewed and approved the standard Connector's Agreement.
Motion:
Moved:
Recommend Council approval of the Bow Mar Sanitation District Wastewater
Connector's Agreement.
Waggoner Seconded: Penn
Motion passed unanimously.
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4. ENGLEWOOD WATER CONSERVATION PLAN 30 DAY UPDATE & BUDGET. •
Tom Brennan, Utilities Engineer, updated the Board on the Water Conservation Plan, comments
received and budget.
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5. UPDATE ON AMENDMENT #5 FOR UV PROJECT.
Tom Brennan, Utilities Engineer, updated the Board on the UV Project progress, an upcoming
credit for Addendum #5 and the budget. A credit will be forthcoming on Addendum #5 because
a tracer study was found to be not necessary. The project is 70% constructed with a target
completion date of October, 2013.
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6. MS4 STORMW ATER PERMIT -ENGLEWOOD PUBLIC SCHOOLS.
The Board discussed having the Englewood Public Schools obtain a separate MS4 Stormwater
Permit. With a permit separation, any stormwater violation from an illicit discharge by either •
party will not be reflected on the other entity.
• The Director of Utilities and the City Manager will discuss obtaining a MS4 Permit with the
Superintendent of Englewood Public Schools.
Motion:
Moved:
To notify Englewood Public Schools to apply for a separate MS4 Stormwater
Pennit.
Kells Seconded: Bums
Motion approved unanimously.
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7. BOARD APPRECIATION NIGHT MONDAY, JUNE 24, 2013.
There will be an Englewood Board and Committee appreciation night on Monday, June 24, 2013
beginning at 6:00 in the City Hall Community Room.
The meeting adjourned at 6: 10 p.m.
• The next Englewood Water Board meeting will be Tuesday, July 9, 2013 at 5:00 p.m. in the
Community Development Conference Room.
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Respectfully submitted,
Cathy Burrage
Recording Secretary