HomeMy WebLinkAbout2013 Ordinance No. 047•
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ORDINANCE NO. t/7
SERIES OF 2013
ooffl'RACI NO. B'1 -alb\ 3 9 b i
BY AUTHORITY
COUNCIL BILL NO. 44
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL WASTEWATER
CONNECTOR'S AGREEMENT BETWEEN BOW MAR WATER AND 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 provides sanitary sewer service to districts outside of the
Englewood corporate boundaries through a standard connector's agreement; and
WHEREAS, the Bow Mar Water and Sanitation District desires to utilize the LIE WWTP for
treatment of the District's sewage; and
WHEREAS, the Bow Mar Water and Sanitation District has approximately 93 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 Bow Mar Water and Sanitation District and gathered by the
District's sanitary sewage system; and
WHEREAS, Bow Mar Water and Sanitation District 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 Bow Mar Water and Sanitation District Wastewater Connector's Agreement at the June 11,
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 Bow Mar
Water and 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 3rd day of September, 2013.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 6th day of
September, 2013.
Published as a Bill for an Ordinance on the City's official website beginning on the 4th day of
September, 2013 for thirty (30) days.
Read by title and passed on final reading on the 16th day of September, 2013.
Published by title in the City's official newspaper as Ordinance No. iJ.., Series of 2013, on
the 20th day of September 2013.
Published by title on the City's official website beginning on the 18th day of
September, 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 JJ,rpe copy of the Ordinance passed on final reading and published by
title as Ordinance No . 'I:f_, Series of 2013 .
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WASTEWATER
CONNECTOR'S AGREEMENT
For Districts
Sewer Contract No.
THIS AGREEMENT, made ,llld entered into this ____ day of
4/19/2012
Revision
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________ _, 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 BOW MAR WATER AND SANITATION DISTRICT, a quasi-municipal
corporation and subdivision of the State of Colorado, herein after called "District," acting by and
through its authorized Representative.
WITNESSETH
WH.EREAS, the City owns and operates a sewage system, including 8 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
ce1tain conditions;
NOW, THEREFORE, IN CONSIDERATION of the promises ancl 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 with:in 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 saniiary sewer system, the District agrees that all
applicable Code provisions and rnles 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 user's, contractors and subcontractors of such standards, rules and
regulations upon inquiry from such persons, and shall not furnish any information
inconsistent therewith. ln this regard, it shall be the responsibility of the District to
obtai11 the applicable requirements from the appropriate governing body. The City shall
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attempt to maintain and provide infonnation on all requirements to the Di.strict; 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 i.n writing and approved by the
City prior to ariy constmction 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 sha.11
rectify any problems or conditions which have been determined by the Dist1ict 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 pennits, 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 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 of tap requirement for the next five (5) year period
which ti.me shall be givei1 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 tht: 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 suc.h 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 Dist1icts 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 l st of each year .
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7. Subject to the tenns 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) slibseq"4ent three (3) year periods unless either party gives a
minimurh 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 govemmental regulations
or the permits under which the City operates its sewage treatment system. The City
agrees, during the term hereof, to tTeat 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 how owned and
operated by the District, it being specifically agreed that the City ass1m1es no
responsibility should any of fhe District's lines become clogged, damaged, or require
maintenance. The District shall, ifit 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
incidenta.l to the use of the City's sewage lines shall be govemed only by this individual
Contract w:iththe 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 desc1ibed in Exhibit A.
10 . This Contract may not be assigned, sold or transferred by the District without the City's
wtitten 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 w:holc or in part, the
retnainder 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 <;vent of:
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a. Nonpayment of such user of any charge made by the City for services;
b. A .. ny 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 regnlations 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 Distiict 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 tbis 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 tbe 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 detrimentid 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 tenns 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 developcd 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~l3-2 l-l ll .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 m1d
State are a part under statLitory or constitutional authority.
CITY OF ENGLEWOOD, COLORADO
, Mayor
ATTEST:
, City Clerk
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BOW MAR WATERAND SANITATIONDISTRICT
ST ATE OF COLORADO )
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The foregoing instrument was acknowledged before me this _,r!.'_~ day of l)J~
20E,_, by . .
Witness my hand and official seal.
My Commission expires: q t{o/2015-
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~NOTARY PUBLIC
EXHIBIT A
BOWMAR
WATER& SANITATION DISTRICT
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COUNCIL COMMUNICATION
Date Agenda Item Subject
September 3, 2013 9 a i Bow Mar 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 June 11 , 2013 meeting the Englewood Water and Sewer Board re commended Council approval of
the Bow Mar 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.
In the Bow Mar Water and Sanitation District there are approximately 93 taps. The Bo w Mar 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 Bow Mar Sanitation District boundaries.
The City Attorney's office has reviewed and approved the standard Connector's Agreement.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Minutes from June 11 , 2013 Water and Sewer Board Meeting
Minutes from July 9, 2013 Water and Sewer Board Meeting
Proposed Bill for an Ordinance
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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
Motion approved unanimously.
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Seconded: Habenicht
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: Recommend Council approval of the Bow Mar Sanitation District Wastewater
Connector's Agreement.
Moved: 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.
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Motion: To notify Englewood Public Schools to apply for a separate MS4 Stormwater
Permit.
Moved: 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.
Respectfully submitted,
Cathy Burrage
Recording Secretary
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~ E 1 Present:
Absent:
Also present:
WATER & SEWER BOARD
MINUTES
TUESDAY, JULY 9, 2013
Oakley, Wiggins, Habenicht, Waggoner, Moore, Woodward, Burns, Olson, Lay
Penn
None.
Stu Fonda, -Director of Utilities, Vasser Abouaish -City Engineer and John Bock
-Utilities Manager
The meeting was called to order at 5:04 p.m .
1. MINUTES OF THE JUNE 11, 2013 MEETING .
The Board approved the Minutes of the June 11, 2013 Water Board Meeting.
Motion: To approve the June 11, 2013 Water and Sewer Board Minutes.
Moved: Habenicht Seconded: Oakley
Motion approved unanimously.
2. BIG DRY CREEK DRAINAGEWAY STUDY .
Mr. Dave Henderson, of the Public Works Department, appeared before the Board to review a request
for $12,000 for Englewood's portion of the Big Dry Creek Drainageway Study Master Plan initiated by
the Southeast Metro Stormwater Authority.
The study is for identifying storm flows for future improvements, areas needing stabilization, floodplain
management for future development and new mapping of flood hazard areas . Staff is requesting
$12,000 be appropriated from the Stormwater Utility Fund.
Motion:
Moved:
To approve funding Englewood's share of the Big Dry Creek Drainageway Study from the
Storm water Fund in the amount of $12,000.
Penn Seconded : Moore
Motion approved unanimously.
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3. ENGLEWOOD 2013 WATER CONSERVATION PLAN.
Mr. Abouaish reviewed the final draft of the 2013 Water Conservation Plan . The Board evaluated
comments received during the 90-day review period . The recommendations submitted will not change
the existing drafted water conservation plan , but will be included in the appendix and considered for
implementation over the next five years. Englewood's responses to the comments received will be
included in the appendix. It was recommended that the responses be publ ished in a future issue of the
Pipeline.
Motion: To recommend Cou ncil approval of the 2013 Englewood Water Conservation Plan.
Motion : Burns Seconded : Wigg i ns
Motion approved unanimously.
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4. COLUMBINE WATER AND SANITATION DISTRICT CONNECTOR'S AGREEMENT.
Sanitary sewer service is provided to d istricts outside of the Englewood corporate boundaries through
the standard connector's agreement. Columbine Water and 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 standard Connector's Agreement .
Motion :
Motion:
To recommend Council approval of the Columbine Water and Sanitation Distr ict
Connector's Agreement.
Burns Seconded: Lay
Motion approved unanimously.
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5 . VALLEY SUPPLEMENT #22.
A request was made by the Valley Sanitation District representing the owner/developer, MLATL Family
LLLP for inclusion into the Valley Sanitation District. Supplement #22 is for an area approximately 3.53
acres. The zoning per Arapahoe County is 1-2, General Commercial/Industrial. The proposed use of the
property is for an office/warehouse with vehicle storage. MLATL is connected to Ralph Schamp
Automotive. The property is located near W. Princeton Pl. and S. Federal Blvd. with an address of 4300
S. Federal Blvd.
Motion: To recommend Council approval of Valley Supplement #22.
Moved: Waggoner Seconded: Lay
Motion approved unanimously.
6. 4344 S. WASHINGTON -ILLEGAL WATER TURN-ON .
The Board discussed a water and sewer account at 4344 S. Washington. The owner has been repeatedly
turned off for non-payment and has been turning the water back on themselves. City Code does
provide authority to dig up in the street and disconnect at the corporation stop. The Board
recommended that staff check the Utilities Department legal position and options with the City
Attorney. Ms . Olson directed staff to go out to the property with the Englewood Impact Team to
determine reason for non-payment. Options to digging up the street to disconnect were discussed. The
Board will be updated at a future meeting.
Jim Woodward left at 5:40 p.m .
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7. EASEMENT VACATION-5001 S. BROADWAY .
The new property owner, Broadbell LLC, is requesting Englewood's vacation of abandoned easements
on the west side of their property at 5001 S. Broadway. The easements were deemed not necessary by
the Utilities Engineer to service the existing improvements on the property. The termination of this
easement will facilitate development of the property .
Motion:
Moved :
To recommend Council approval of the vacation of the abandoned utilities easements at
5001 S. Broadway for Broad bell LLC.
Waggoner Seconded: Oakley
Motion passed unanimously .
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8. MS4 PERMIT WITH ARAPAHOE SCHOOL DISTRICT 1.
The Board received a copy of the memo to Gary Sears dated June 19, 2013 regarding notifying the
Arapahoe School District #1 of the one year notice to apply for its own MS4 Stormwater Permit. A
meeting w ith The Director of Utilities, the City Manager and the Arapahoe School District #1 is set up for
August 15.
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9 . SUPREME COURT RULING -LAWN IRRIGATION RETURN FLOWS .
The Colorado Supreme Court ruled against Englewood in the lawn irrigation return flows issue . Stu
Fonda discussed how the ruling affects Englewood's water rights.
Adjourned 6:00 p .m.
The next Englewood Water Board meeting will be Tuesday , August 13 , 2013 at 5:00 p.m . in the
Community Development Conference Room .
Respectfully submitted,
Cathy Burrage
Recording Secretary
Please note: If you have a disability and need auxiliary aids or services, please notify the City of
Englewood (303-762-2636) at least 48 hours in advance of when services are needed.
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