The URL can be used to link to this page

Home My WebLink About2009 Ordinance No. 009• • • ORDIN ANCE NO . L SERIES OF 2009 CONTRACT NU, J)-...1.0tJ ? BY AUTHOR IT Y COUNCrL BILL NO. 10 INTR ODUCED BY COUNCIL MEMBER McCASLIN AN ORDINANCE AUT HORIZING THE ''FIRST AMENDMENT TO CONNECTOR ·s A GREEM ENT SEWER CONTRACT NO . 8" BETWEEN SOUTHGATE SANITATION DISTRI CT AND THE CITY OF ENGLEWOOD. WHEREAS, South ga te Sanitation District and the City of Englewood entered int o a Co nnector's Agreement in 196 1; and WHEREAS , in 1988 Southgate Sanitation Di strict and the City of Eng lew ood entered into an updated Connector's Agreement; and WHEREAS, the 198 8 Agreement wi th South gate Sanitati on District will expire on November 16, 2009 ; and WHEREAS , Southgate Sanita ti on and the City of Englewood are mutually agreeable to extending th e Connec tor 's Agreement using an addenrlum to keep the existing Agreement as wri tt en; and WHEREAS, the proposed "First Amendment to Connec tor's Agreement Sewer Contract No. 8" will ex tend th e Agreement by th e same term s as origin ally prop osed. with the excep tion of changes to Section 7. language: relating to the term ; and WHEREAS , th e Englewood Water and Sewer Board recommended approval of the "First Amendment To Co nnec tor 's Agreement Sewer Co ntract No. 8" to the Southgate Sani tation District Connector's Agreement at th eir Feb ruary 3, 2009 , meeting: NOW. THEREFORE, BE IT ORDAINED BY TH E CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS : Section I. Thr Ci ty Counci l of Englewood , Co lora do. hereby authorizes "First Ame ndm ent To Connector 's Agreement Sewer Co ntract No . 8" to the Southgate "anitati on District Corrnecto r's Agreement, attached heret o n~ "Exhibit A". Secti on 2. The Mayor is hereby authorized to execute and the Ci ty Clerk to allest and seal for and on behalf of the City of Englewood , Co lorado the "First Amendment To Connector's Agreement Sewer Co ntract No. s·· to th e Southgate Sanitation District Connec 1or 1s Agreemenl. Introduced , read in full , and passed on first read in g on th e oth day of Apri l, 2009 . Published as a Bill for an Ordin•nce in th e Ci ty's officia l newspaper on the 10~ day of April. 2009 . 9 b ii Publi shed os o Bi ll for an Ordinance 0 11 th e Cit y's officinl website begi nning on th e 8th day of • Apri l, 2009 fo r th iny (30) days . Read 1,y tit le and pass ed on fi nal readi ng 011 the 20t h day of Ap ril , 2009 . Publi shed by title in th e Cit y"s offic ial newspaper as Ordinance No . i, Series of 2009, on the 24ili day of April , 2009 . I, lPucri shi a A. Elli s, Ci ty Clerk of the City of Eng lewood, Co lorado , hereby ce n ify that the above and fo regoing is '1-irue copy of the Ordinance pass on fin al reading and publi shed by title as Ordin ance No ... :L. Series of 2009 . • • • • / flRST AMENDMENT TO CONNECTOR'S AGREEMENT SEWER CONTRACT 110. 8 · 1. PARTIES. The parties to th is First Amendment to Connecto r's Agre ement-Sewe r Contact No . 8 (herein ; "Amendment") are : the CliY ,OF ENGLEWOOD , COLORADO, a rr,:,icipa ! cor porati on, ("City"); and SOUTHGATE SANITATION DI.STRICT, a Tltle 32 specia l dlstrld 2. RECITALS AND PURPOSES . The parties previously enie~•\1 into ~ Connector's Ag110ment dated June 2Q<h 1361, which was subsequently superseded by !' Connecto~s Agnement- Sewer Contract No . B dated November 16, 1988, ("Agreement". The Aareement by Its terms, is due to expire In 2009. The parties desire to extend the t rm of the Agreemnt and the purpose of this Amendment is to extend the Agreement by a ll ~e-pertod of yean es set forth In the Agreement. Accordingly, the parties covenant, acknowledge, and agre! to the following terms and conditions as an amendment to the Agreement · 3, MODIFICATI0'1 AND AMENDMENT. The Aereement is hereby modified and amendel by the deletion of certain language In exlstlng paragraph 7, as shown by 6111k-, pertti fnirfto t he term of~e Agreement, and replaced by the following new language · 7 . The term of this Agreement Is for a period of thr~ (3) years frc,n, iji, .:11<.-~ 8H8Miefl NPYQmh•r 1§ 2009 and automatically renewed for six (6) sub,o~uent three-(3}-year periods unless either party nJves a minimum of six months written notice, during which time the District agrees that all effluent produced 1'ran taps with in District shall not be In vlolaUon of any federal , state or City laws, u les or r~gulatl~ns, .91 any 9-ther aP.P.l.[~_bl~_gRV!!m_m~_n!BI. regul~~On§. _or -the .~ri.n.1~. u_nder which the City operates Its sewage treatment system. City agrees, during tie term he,:eof, to treat said effluent and to maintain adequate facilities fo r treating of the same. 4 . ANNUAL APPROPRIATION REQUIRED, Any provision of this A&J'eement, or lts _attaclfl)ents, which directly or Indirectly lmpcse upon •~.her party, eny financial obllgetlon whatsoever to be pe rformed or which may be performed In any fiscal yea r suJ:,sequent to the year of ·th& execution of this Agreement Is expressly made contingent upon, and subject to, t111ds for such financial obligation being appropriated, budgeted and otherwise made available by the parties' respective governing boards. 5. R~TIF1CATION, The parties hereby ratify all other provisions of the Agreement which provisions shall remain In full toi:ce and effect Oatad : ___ 2009 CITY OF ENGLEWOOD ATTEST: 8';:. ____________ _ Mayor-J a m~s K . Wo o d~ard 1 • X M I B I T A • • • COUNCIL COMMUNICATION Date : Agenda Item: Subject : April 6, 2009 11 a ii Sou th ga te Connertor's Ag re ement -First Amendmen t Initiated By: I Staff Source: Utilities Departmen t Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In 1961 the City of Englewood and Southgate Sanitation District en tered in to a Connector's Agreemen t. In 1988 Englewood and Southgate entered into an updated Connector's Agreement. RECOMMENDED ACTION The Water and Sewer Board, at th eir February 3, 2009 meeting, recommen ded Council adopt a bill for an o rd inance authorizing th e "First Amendment to Conn ec tor's Agreement Sewer Contract No. 8" between Sou th gate Sanitation District and the City of Englewood . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Th e 1988 agreement with Sou thgate was execu ted with an effec ti ve date of November 16, 1988 for an initial term oi three years plus six automa ti c three-yea r renewals. Th is agreement w ill be expiring on Nove mber 16, 2009. Southgate and th e City of Eng lewood are mutuall y a3 reeabl c to ex tending th e contract usin g an addendum to keep the exis tin g Connector's Ag reement as w ritten. The proposed addendum w ill ex tend th e contract by the same term s as ori gin all y p roposed, wi th the excepti on of l hanges to th e Sect ion 7 language, as recommended by th e City Att0rn ey's office, to distinguish be~veen th e City and th e enterpris e funds . FINANCIAL IMPACT one. LIST OF ATTA CHMENTS dill for an Ordinanc e