HomeMy WebLinkAbout2013 Ordinance No. 052•
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ORDINANCE NO.~
SERIES OF 2013
BY AUTHORITY
COUNCIL BILL NO. 53
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL WASTEWATER
CONNECTOR'S AGREEMENT BETWEEN THE CITY OF SHERIDAN 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 City of Sheridan desires to utilize the LIE WWTP for treatment of the City's
sewage; and
WHEREAS, the City of Sheridan has approximately 2,000 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 City of Sheridan and gathered by it's sanitary sewage system;
and
WHEREAS, the City of Sheridan 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 City of Sheridan Wastewater Connector's Agreement at the August 13, 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 the City of
Sheridan entitled "Wastewater Connector's Agreement for the City of Sheridan, Colorado" 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 the City of Sheridan", for and on
behalf of the Englewood City Council.
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Introduced, read in full, and passed on first reading on the 7th day of October, 2013.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 11th day of
October, 2013.
Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of
October, 2013 for thirty (30) days.
Read by title and passed on final reading on the 21 ST day of October, 2013.
Published by title in the City's official newspaper as Ordinance No. ~eries of 2013, on
the 25th day of October, 2013.
Published by title on the City's official website beginning on the 23 rd day of
October, 2013 for thirty (30) days . ~-JrJ:~-
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I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No. 5),-series of 2013 .
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4/19/2012
Revision
WASTEWATER
CONNECTOR'S AGREEMENT
For the City of Sheridan, Colorado
Sewer Contract No. ----
THIS AGREEMENT, made and entered into this ____ day of
--------~ 20 __ to be effective as of October 22 , 201~ 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 SHERIDAN, a municipal corporation of the State of Colorado,
hereinafter called "Sheridan," acting by and through its authorized Mayor and City Clerk.
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 Sheridan and gathered by
Sheridan's sanitary-sewage system; and
WHEREAS, it is the desire of Sheridan to utilize the facilities owned by the City for the
treatment of sewage and the City is willing to serve designated area of Sheridan 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 hc::reinafter set forth, to treat the sewage
originating from Sheridan's sanitary sewer i;ystem within the area served by Sheridan as
approved by the City and as indicated in the description attached hereto, incorporated
herein and marked as "Exhibit A ."
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Sheridan specifically agrees to prevent sewage from any area other than that described
herein, from being discharged into Sheridan'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 Sheridan 's sanitary sewer system, Sheridan 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 Sheridan 's system.
Sheridan 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. Sheridan
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 Sheridan to obtain
the applicable requirements from the appropriate governing body . The qty shaj_l attempJ__
to maintain and provide informaticiii on all requrrenients to Sheridan; however, the City
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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 Sheridan and its users . All sewer plans, specifications and methods of work
within Sheridan shall be submitted to the City in writing and approved by the City prior
to any construction or tap in Sheridan '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. Sheridan shall be responsible for the proper maintenance of its sewer system and shall
rectify any problems or conditions which have been determined by Sheridan 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, Sheridan 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 by Sheridan when such annexation takes place without prior
written City approval.
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Within one year of this agreement, Sheridan 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 Sheridan's area as shown on Exhibit A Sheridan shall
continue to monitor zoning changes within its area to estimate its t~p requirements and
prov1de the City with notice of tap requirerilentg for the next five ( 5) year period of time
which shall be given to the City on each anniversary date of this Agreement in a forin
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.
7.
The City shall bill Sheridan users directly for all applicable City charges for services
rendered under this Agreement. Should any user not pay the City, the City shall bill
Sheridan and Sheridan 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 Sheridan forty-five
(45) days advance written notice .
The City may bill and collect "District Charges" imposed by Sheridan 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
Sheridan annually; less an amount equal to the City and Sheridan charges which remain
delinquent. Sheridan shall notify the City of any changes in the "District charges" to be
imposed and the remittance schedule before May 1st of each year. ·
Subject to the terms of the Taxpayer 's Bill of Rights (TABOR), Article XX, Section 10
or the Colorado Coi:istitufi:on, the term of this Agreement is for a period of three (3) years .
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from the date of execution and automatically renews for six (6) subsequent three (3) year
periods unless either party gives a minimum of six ( 6) months written notice, during
which time Sheridan agrees that all effluent produced from taps within Sheridan shall not
be in violation of any federal, state or City laws, rules or regulations, or any other
applicable governmental regulations or the permits rmder 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.
Sheridan agrees that it will maintain, at its own expense, all lines now owned and
operated by Sheridan, it being specifically agreed that the City assumes no responsibility
should any of Sheridan's lines become clogged, damaged, or require maintenance.
Sheridan shall, if it deems necessary, notify its users of Sheridan's procedure to remedy
service disruption.
The City is providing only sewage treatment service and, pursuant thereto; incidental use
of the City's sewage lines shall be governed only by this individual Contract with
Sheridan and the City does not, by this Contract, off er 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 Sheridan 's service area described in Exhibit A.
This Contract may not be assigned, sold or transferred by Sheridan without the City's
written consent.
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. Sheridan .shall enforce this Agreement and each of its terms and conditions within the
area described in "Exhibit A." Sheridan 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: . . . --. -, . . . -. .
13.
a. Nonpayment of such user of any charge made by the City for services;
b. Any violation or noncompliance by such user with the tern1s 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 Sheridan and/or its users shall be considered
cause for the City to terminate this Agreement. Should Sheridan 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 Sheridan
or any of its users as is necessary to protect the City's system and operations. The
prevailing party shall be entitled to expenses and costs of suit, including attorney fees .
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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 or city connected to a common sewer line. C.R.S.
13-21-111.5, as amended shall govern the percentage of liability of any district or city 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
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
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THE CITY OF SHERIDAN
ATTEST:
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City of Englewood
Utilities Department
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A • 1 inch = 1,0,eet
''The accuracy of the data within this map is not to be taken/used as data prod. ~ya Registered Professional Land Surveyor for the State of Colorado .
This product is for informational purposes and may not have been prep or or be suitable for legal, engineering , or surveying purposes.
It does not represent an on the ground survey and represents only the approximate relative location of property boundaries ."
City of Enqlewood •
Utilities D.ment
Curren t as o ch 201 3
2012 lrnaqerv
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Date
October 7, 2013
INITIATED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item
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Subject
City of Sheridan Sanitation District
Connector's Agreement
STAFF SOURCE
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 August 13, 2013 meeting the Englewood Water and Sewer Board recommended Council approval
of the City of Sheridan Wastewater Connector's Agreement.
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
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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 ag reement addresses this service with the
district that owns and maintains the sewer mains.
In the City o f Sheridan Sanitation District there are approximately 2,000 taps . The City of Sheridan
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 Sheridan Sanitation District boundaries.
The City Attorney's office has reviewed and approved the standard Connector's Agreement.
FINANCIAL IMPACT
Non e.
LIST OF ATTACHMENTS
Minutes from the August 13, 20 13 Wate r and Sewer Board meeting
Proposed Bill for Ordinance
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Present:
Absent:
WATER & SEWER BOARD
MINUTES
TUESDAY, AUGUST 13, 2013
Oakley, Wiggins, Habenicht, Waggoner, Woodward , Burns, Lay, Penn
Moore, Olson
Also present: Stu Fonda, Director of Utilities , John Bock, Utilities Manager
The meeting was called to order at 5:04 p.m .
1. MINUTES OF THE JULY 9, 2013 .
The Board approved the Minutes of the July 9, 2013 Water Board meeting
Motion : To approved the Minutes of the July 9, 2013 Water Board meeting .
Moved: Burns Seconded: Habenicht
Motion approved unanimously.
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2. GUEST: BEN NIELSEN , McLAUGHLIN WATER-UNION AVENUE BIKE PATH.
Ben Nielsen from McLaughlin Water Design Group in River Run Park Project appeared to
d iscuss the proposed Union Avenue Bike Path next to the Englewood raw water intake facility
north of Union Avenue. Accommodations for the Union Ave . pump station intersecting bike path
were discussed.
The Colorado Water Conservation Board is requesting concept approval and easements for the
proposed trail through the property owned by the City of Englewood at the raw water intake
facility. The trail is 1 O' wide and will cross under Union Ave . South Suburban will operate and
maintain the trail. Gates will be constructed to close for routine and emergency maintenance .
Motion: To approve project concept and a Grant of Easement to South Suburban Parks
for the Regional Trail Extension at the Englewood Water Intake Facility at Union
Avenue , per City Attorney's approval.
Moved: Burns Seconded : Waggoner
Motion approved unanimously.
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3 . OVERPAYMENT FROM CLOSING-3226 S. CORONA ST.
John Bock appeared to discuss the issue where a title company sent a $200 payment for
anticipated water and sewer charges for 3226 S. Corona St. When the final meter reading was
figured, the final bill was zero. The amount paid became a credit balance with no further
communication from buyer or seller for two months.
Staff denied the request from the seller for a refund because refunds can only be granted to
existing owners . This is an informational item for the Board in the event the seller, realtor or title
company appeal staff's decision . The previous owner called on August 12, 2013 and was told
to call and discuss the issue with the title company.
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4 . ENGLEWOOD WATER CONSERVATION PLAN COMMENTS AND RESPONSES .
The Board received the 2013 Water Conservation Plan Comments and Responses approved by
the consultant. The published legal notice and a water rate comparison for Englewood/Denver
water charges were also included. The comments and responses will be forwarded to City
Council with the final draft of the water conservation plan. After Council approval it will be
forwarded to the State for approval.
Motion :
Moved :
Recommend Council approval of the final draft of the 2013 Englewood Water
Conservation Plan .
Habenicht Seconded : Lay
Motion passed unamimously.
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5. WASTEWATER COLLECTION SYSTEM MAINTENANCE STANDARD AGREEMENT
FOR THE CITY OF SHERIDAN SANITATION DISTRICT.
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The Englewood Utilities Department currently performs sewer maintenance services for the City
of Cherry Hills Village, South Englewood Sanitation District and the City of Sheridan . The
purpose of the Wastewater Collection System Maintenance Standard Agreement form is to
standardize these agreements. The maintenance agreements enable Englewood to perform
maintenance of adjacent districts that are too small to fund their own maintenance program. •
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This also provides a uniform standard of service for adjacent sanitation districts and insures that
lines are flushed at least once a year.
Motion :
Moved :
To recommend Council approval of the Wastewater Collection System
Maintenance Standard Agreement fo r City of Sheridan .
Waggoner Seconded : Burns
Motion approved unanimously.
6. SHERIDAN SANITATION DISTRICT NO . 1 CONNECTOR'S AGREEMENT.
The Littleton/Englewood Wastewater Treatment Plant is able to receive and treat sewage
transmitted by various districts. The agreement addresses this service w ith the district that
owns and ma intains the sewer mains . The City of Sheridan has approximately 51 taps and w ill
continue to own the lines and be responsible for capital improvements it its system.
Motion :
Moved:
To recommend Council approval of the City of Sheridan Wastewater Connector's
Agreement.
Waggoner Seconded : Habenicht
Motion approved unanimously.
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7. DESIGN AND REPAIR OF 3MG STORAGE TANKS.
Tom Brennan appeared to discuss the design and repair of the 3mg storage tank roofs project.
The Board received a proposal from Wiss, Janney, Elstner Engineers (WJE) regarding scope of
services proposed for the Phase 3 Roof Structure Rehabilitation and New Roof Design in the
amount of $49,500 . WJE evaluated various alternatives for the retrofit of the roof slab on the
west tank at the S. Clarkson water storage facil ity. WJE was responsible for the engineering for
the first two phases.
Motion :
Moved:
To recommend City Manager approval of the Scope of Services for WJE for the 3
mg roof structure rehabilitation in the amount of $49,500 .
Lay Seconded: Burns
Motion approved unanimously .
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8. CHANGE ORDER #02 FOR UV DISINFECTION FACILITY.
Tom Brennan appeared to discuss Change Order #02 that was requested by Asian
Construction for the UV Disinfection Project. The change order will cover a tee wall to
accommodate the clearwell bypass pipe, materials and installation of two additional 1" conduits
along with other minor modifications .
The total cost for Change Order #02 is $46,668.78. The UV project bid was $500 ,000 below the
$4.5 mission budgeted. The change order will be funded by the original UV project account.
Completion date of the UV project is expected to be mid to late September, 2013. The section
of West Layton Ave . in front of the water plant will be milled and overlayed in early September.
Motion :
Moved:
To recommend City Manager approval of Change Order #02 for the UV
Disinfection Project to Asian Construction in the amount of $46,668 .78.
Waggoner Seconded: Habenicht
Motion approved unanimously.
·~ 9. LINDSAY MARSH -4344 S. WASHINGTON ST.
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The Board received an update on the delinquent account at 4344 S. Washington St. where the •
water is turned back on after numerous notices, red-tags and repeated turn-offs . Repeated
attempts to contact Ms . March has resulted in no response . After Officer Read left her a phone
message on July 29, she returned his call and promised to pay her past due bill. As of August
13 , 2013 Ms . Read has not paid. Since this is a violation of the Englewood Municipal Code, the
impact team will be ticketing Ms. Marsh.
The Board received copies of the form letters, "Termination of Water Service -Notice of
Violation," and "Broken Sidewalk Water Valve -Notice of Violation ." These forms will be used
in future for delinquent accounts where the curb stop is inoperable and/or where the customer
turns the water back on after it was turned off for non-payment .
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10 . ALLEN WATER TREATMENT PLANT RESIDUALS MANAGEMENT AND DISPOSAL
EVALUATION.
The Board received a letter from Arcadis outlining potential options for the management and
disposal of treatment residuals generated at the Allen Water Treatment Plant that have elevated
concentrations of radionuclides . The labor and fee estimate for evaluation of discharging
residuals to a waste disposal facility versus discharging residuals to the sewer is $81 ,670 .
Aracadis' first task is for $45 ,950 for evaluation of discharging residuals to the sewer, and the
second is for $35,720 for evaluation of existing waste disposal facilities . Staff recommended •
proceeding with both options . The City of Aurora may participate financially with task #2.
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Motion:
Moved :
To recommend City Manager or Council approval of the Arcadis proposal in the
amount of $81,670 for evaluation of discharging residuals to a waste disposal
facility versus discharging to the sewer. The City Manager may sign as two
contracts or forward together to Council.
Burns Seconded: Waggoner
Motion approved unanimously
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11. COLUMBINE SANITATION DISTRICT SUPPLEMENT #5.
The landowner, Taylor Morrison of Colorado is requesting inclusion into the Columbine Water
and Sanitation District and Valley Sanitation District. Supplement #5 is for 31 taps for a
residential development consisting of 31 patio homes, all located on approximately 9.63 acres.
The property is located on the southeast corner of W. Bowles Ave. and Middlefield Road in the
town of Columbine Valley. The name of the development is The Cottages at Columbine Valley,
currently the Wolf property.
Motion: To recommend Council approval of a Bill for an Ordinance approving
Columbine Sanitation District Supplement #5 for Taylor Morrison of
Colorado, Inc .
Moved: Waggoner Seconded: Burns
Motion approved unanimously .
. If]. STATEMENT FROM DAVID HILL, WATER ATTORNEY.
The Board received David Hills's water rights communication dated August 8, 2013 . Mr. Hill's
review discussed what is happening in cases with United Water and East Cherry Creek Valley
and Bebe Draw.
Meeting adjourned at 6:50 p.m.
The next Englewood Water Board meeting will be Tuesday, September 10, 2013 at 5:00 p.m. in
the Community Development Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary
WATER & SEWER BOARD
PHONE VOTE -WEDNESDAY, SEPTEMBER 3, 2013
Phone Vote Roll Call.
Contacted: Clyde Wiggins, Chuck Habenicht, Tom Burns , Kells Waggoner, Jim Woodward, Linda
Olson , Jo Lay , Wayne Oakley, John Moore, Randy Penn
1. MINUTES OF THE AUGUST 13, 2013 MEETING.
Motion: Approve minutes of the August 13 , 2013 Water and Sewer Board meeting.
Moved: Waggonner Seconded: Penn
Motion passed unanimously.
The next Water and Sewer Board meeting will be Tuesday, Octobe r 8, 2013 at 5 :00 p .m . in the
Community Development Conference Room .
Respectfully submitted,
Cathy Burrage
Recording Secretary
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