HomeMy WebLinkAbout2012 Ordinance No. 037ORDINANCE NO . //J
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CONTRACT NO.. 9 t:J -.2. t> I ~
l!Y AUTHORITY
COUNCIL BILL NO . 35
IN'J'KOVUCEU l:IY COUNCIL
MEMBER JEFFERSON
AN ORDINANCE APPROVING SUPPLEMEm NO . 166 TO THE SOUTHGATE
SANITATION DISTRICT CONJ',;ECTOR'S AGREEME:\'1' FOR THE INCLUSION OF LAND
WlTHlN THE DISTRICT BOUNDARIES .
WHEREAS. Southgate Sanitation District recommends the inclusion of approximately 2.5 acres
into the District ; and
WHEREAS, said inclusion is located on the Southeast comer of East Belleview nod ~outh
Holly Street in Greenwood Village; and
WHEREAS, the proposed inclusion is 10 install a sewer line and connect 10 the existing sewer
main in lhc sln:ct ; wul
WHEREAS, the zoning ofthls property in Greenwood Vill>gc is currently zoned Residential
which is the proposed use of this property; and
WHEREAS, said a:mexation of this parcel of land will not increase the tap allocation to the
Southgate Sanitation District; and
WHEREAS, the Englewood Water and Sewer Board recommended approval of this Agreement
at its April I 0, 20 I 2 meeting;
NOW , TifEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF TIIB CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
Section 1. The Agreeme3t between the City of Englewood and Southgate Sanitation District
entitled "Supplement No . 166, 10 Connector's Agreement", which includes 2.5 acres located on the
Southeast comer of East Belleview and South Holly Street in Greenwood Village, is hereby
ao.cepted and approved by the Englewood City Council . A copy of said Agreement is attached
hereto as "Exhibit I" and incorporat ed herein by reference.
Secti 0n 2. The Mayor and City Clerk are hereby authorized to sign and altest, respectively , the
said Agreemem for and on behalf of the City Councii nnd the City of Englewood, Coiorado .
Introduced , read in full, and passed on first reading on the 16th day of June, 2012.
Published by Title as a Bill for an Ordinance in the Ci ty's official newspaper on the 22nd day of
June, 2012 .
Published as u Bill for an Ordbance on the City's official website beginning on the 20th day of
June, 2012 forthiny (30) days.
Rend by lit'.e and passed on final reading on lhe 2nd day of July, 2012.
JJ'Jblisht::I by litll! in the City's ollki:tl nr.w.;r:11,1~r m:; Ordin :mce No . f. Sc..,·ics of 2012, on
the 6th day of July, 2012.
Publishc-d by tille on the City 's official website beginning on the 3rd day of
July, 2012 for thi11y (30) days.
/,' .ioucrislun
I, Loucrishia A. Eilis, City Clerk of the Cily of Eu~lewood, Colorado, hereby certify that the
nbol'e and foregoing is .LJj"UC copy of the Ordinance passed 011 final reading and pu' lishcJ by
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~hiaA.Ellis
SUPPLEMENT NO , .il,k-TO CONNECTOR'S AGREEMENT
THIS .-, :JREEMENT, made and entered lnlo by and between lhe CITY OF
ENGLEWOOD, acllng by and through lls duly aulhorl>ed Mayor and City Cl6rk, hereinafter
called the 'City,' and SOUTHGATE SANITATION DISTRICT, Arapahoe and Doug:as
Counlles, Colorado, herelnaflar called lhe "Dlstrlcl,'
WITNESSETH:
WHEREAS, on the 20th day of June , 1961, the Ctly and the Dislrlct enlered
lnlo an Agreement In which lhe Clly agreed lo treal sewage onglnating from the Dlstrlcrs
sanllary sowor system within the area sarved by Iha District, which Agreement was
renewed by Conneclofs Agreemenl dated November 16, 1988 and Amended April 20,
2009; and
WHEREAS, said Connectofs Agreement provides that the district may not
enlarge Its service area without the Written consent ol the Cl1y;
NOW, THEREFORE, In con•lrlArallon of the mulual covenants and
undenaklngs herein set lor1h, the panles agree as tollows :
1. The Cily hereby consents to the Inclusion of cenain addltlonal area
localed In Arapaho& County, Colorado, owned by G ■n,lh J, and Natalie G. Nichol and
more fuDy described on Exhibit A anoched hereto and lncorporalad harain by raference,
Into Southgate Sanllatlon District. The City agrees that said addlflonal area may ba served
with the sewer lacllltles of the District , and that the Clly will treat the sewage discharged
Into lhe Clly's lrunk line from said addlflon&J area, all In accordance with the Connectofs
Agreement ds1ed November 18, 1988 and Amended April 20, 2009 . Accordingly, Exhlbll
A raferred to ir Paragraph 1 of lhe Connectors Agreement dal~d November 16, 1988 and
Amended April 20, 2009, Is hereby amended Ill Include such additional area .
2. Each and every other provision of the said Connector's Agreement
dated Novef!lber 16, 1988 and Amended April 20, 2009, shall remain unct.,nged.
IN WITNESS WHEREOF, I~ parties have set their hands and seals this
__ day of~ 201_.
ATTEST:
CITY CLERK
(SEAL)
CITY OF ENGLEWOOD
By: -M-AY_O_R _____ _
SOUTHGATE SANITATION DISTRICT,
ARAPAHOE AND DOUGLAS COUNTIES,
COLORADO
Dy: ,_/2 .... _, fin.~,. 0 J ~~
Inclusion Petition
Page2
Dated this I b day of_ f elo· _, 2of i.,....
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Telephone Number Telephone Number
STATE OF COLORADO )
(\ . ) ss.
COUNTY OF I"' r-d-..f? d....\, o )
The foregoing Instrument was acknowledged before me this
j __ l_dayof f: ~-.L. .20~,by L 1} [ cl
--~;· commission expires; ~!.1.../_/_2-__ _
My address is: / ;i..__o s· S l-l O [ ( C .s La t: l tt.A -<:
fo.r~r l~. S'.:)\~1?
r.._,-::C~AR"!'!Ol'!""'!:OlT~-·-.
NOTARY PUBLIC .
STATE OF= COLORADO
My Conimle,f?n l!Jrpll8' &1!412012
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EXHIBIT A
(Legal Description)
Lot 3,
Re-Subdivision of Tracts 17 thru 20,
The Clark Colony No . 3,
Section 17, Township 5 South, Range 67 West,
County of Arapahoe,
State of Colorado,
Together with ½ of the vacated street adjacent
to the North line of subject property.
55
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COUNCIL COMMUNICATION
Date:
June 18, 2012 I Agenda Item: I Subject:
9 a i Southgate Supplement #166
INITIATED BY:
Ulililies Departmen t I STAFF SOURCE:
Stewart H. Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
Th e Waler and Sewer Board, al their April 10, 2012 meeting. recommended Council approval of a Bill for
an Ordinan ce apprO\•lng Southg,11e Supplem~nt # 166.
BACKGROUND, ANAI.YSIS, AND ALTERNATIVES IDENTIFIFD
The City of Englewood provides sewage treatment to approximately 32,000 accounts outside the City
through contracts with numeroJs < onneclor districts . The area is defined by the naloral drainage and
extends south and east from Br ~au way to the Valley High\'•ay and from Hampden to Lincoln Ave.
"xcluul11H HIHlild11tls Rd11,h . By rn11tra,t the City of Englewood must approve any additions of land to be
served by the districts. These are usually in-fill situations that are within what the City considers to be the
area it has commitled to serve. Ade11uate capacity has been provided in the trea:ment plant to
accommodate all such future inclus 'ons. Annexation of this parcel of land will nol incr.,ds~ 11,., laµ
allocation of the Southgate Sanitation District.
A request was mace b r the Southgate Sanitation D islricl representing the owner, Gareth and Natalie
Nichol. ior Inclusion of SufJplcmenl # 166 consisting of a parcel totaling 2.5 acres into the Southgate
Sanitation District for residential use . The property is currently zoned Residential. The purpose of the
inclusion is lo install a sewer line and connect to the e,istins sewer main in the street. The legal is attached
,,s E,hlbll 'A"'. The property i< locat ed on the southeast corner o f E. Belleview and S. Holly St.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
W,,ter and Sewer Ooard M i11ut~s from April 10, 2012
Pr op01ed BIil for Ordinance
,Q RollCall
WATER & SEWER BOARD
MINUTES
TUESDAY, APRIL 10, 2012
Present : Clyde Wiggins, Jo Lay, Chuck Habenicht, Tom Bums, Wayne Oakley, Kells
Waggoner, Linda Olson, Jim Woodward, Stewart Fonda, Cathy Burrage
Absent/Excused: Randy Penn, John · Moore
:~' I. MINUTES OF THE MARCH 13, 2012 MEETING.
Motion: Approve the Minutes of the March 13, 2012 Water and Sewer Board meeting.
Moved: Bums Seconded: Habenicht
Abstain: Woodward
Motion passed unanimously.
·(?JI: 2. LEITER FROM STATE OF COLORADO DATED MARCH 28, 2012
RE : ALLE i, rlLTER PLANT RESlDUALS DISPOSAL.
The Board received a letter from the State of Colorado dated March 28, 2012 regarding the City
of Englewood's Allen Water Filtration Plant residuals disposal . Stu discussed the potential cost
and approved disposal sites .
:~ 3. SOUTHGATF. SUPPI.F.MFNT #166.
The Board received a request from Gareth and Natalie Nichol for inclusion of Supplement #166
to include a parcel of 2.5 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.
Motion: Waggoner Seconded: Habcnichl
Motion passed unanimously.
~ 4 . INTRODUCTION OF Y ASSF.R AROUAlSH -IJTll ,TIF.S l~NGINRlm IV
AND Tlrn WATER CONSERVATION PLAN.
Mr. Fonda introduced Vasser Abouaish, the new Utilities Engineer rv to the Board. Mr.
Abouuish discussed the Water Conservation Plan projec.t.
fl}: 5. UNSCHEDULED VISITORS.
Ryan Laird appeared as an unscheduled visitor. Mr. Laird noted that the Waler Board Minutes
and audio portion has not been posted on the City website. He also requested that agenda
atlar.hment·s also he posted on the website. Staffno!cd Iha! they will make sure they are posted.
Mr. Laird also requested an index ofpasl Water Board meetings be p3rt of the web site.
6. OTHER
Stu reviewed discussions between David Hill, water allorney for Englewood and Jim Lockhead,
with the Denver Waler Board, regarding a proposal.
City Council, at the April 9, 2012 study session, approved up to $7 million for GO hands for
water system projects. Total amount of various projects will be forthcoming.
Meeting adjourned 5:25 p .m .
The next Waler and Sewer Board meeting will be May 8, 2012 at 5:00 in the Community
Development Conference Room .
Rcspeo.:Lfully submitted,
Cathy Burrage
Recording Secretary