HomeMy WebLinkAbout1979 Ordinance No. 011"
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ORD! ANCE NO. 11 ----SERIES OF 197 9
BY AUTHORITY
COUNCIL BILL NO. 5
INTRODUCED BY
COUNCILMAN CLAYTON
ORD! ANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD,
COLORADO, THE URBA DRAINAGE AND FLOOD CONTROL DISTRICT, AND THE
CITY OF GREENWOOD VILLAGE , COLORADO, REGARDING A FEASIBILITY STUDY,
FI AL DESIGN , AND RIG~ OF-WAY ACQUISITION FOR IMPROVEMENTS ON
LITTLE DRY CREEK TO REDUCE POSSIBLE FLOODING WITHIN CERTAIN AREAS
I THE CITY OF ENGLEWOOD .
WHERE AS, it is necessary for t he health, safety and welfare
of the citizens of the City of Englewood to implement improvements
on Little Dry Creek to reduce possible flooding of certain portions
of the City of Englewood; and
WHEREAS , the Urban Drainage and Flood Control District
has expressed a desire to assist public bodies to reduce flood
damage; a nd
HEREAS , the City of Greenwood Village is interested in
participating in the feasibility study.
NOW , THEREFORE , BE I ORDAINED BY THE CITY COUNCIL OF THE
CITY OF E GLEWOOD , COLORADO , as fol lows:
Section 1.
That the City of Englewood, Colorado, shall enter into a
contract with the Urban Drainage and Flood Control District and
the City of Greenwood Village , Colorado, ac cording to the provisions
of a certain written instrument captioned "Agreement Regarding
Feasibility Study, Final Design, and Right of Way Acquisition for
Improvements on Little Dry Creek, Agreement No. 79-1.2" which is
attached heret~ consis ting of se v e n typewrit te n pages, and is
incorporated herein by reference. Said agreement generally provides
as follows:
1) A feasibility study shall be conducted on Greenwood
Gulch upstream from Belleview Ave. A final design will be pre-
pared for a porti on of Little Dry Creek in Englewood from South
Platte River upstream to So uth Sant a Fe Drive and calls for the
acquisition of right-of-way from South Platte River upstream to
South Santa Fe Drive.
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2) The project costs shall be ·limited to a total of
$381,000, which shall be allocated as follows:
a) Feasibility study -total cost $12,000;
District shall pay 50%, Englewood shall
pay 45%, Greenwood Village shall pay 5%.
b) Final design engineering -total cost $69,000;
District shall pay 50%, Englewood shall pay 50%.
c) Right-of-way acquisition -Total cost $300,000;
District shall pay 50%, Englewood shall pay 50%.
Authorization for work or right-of-way acquisition will not be
given if the cost to any party to this agreement is greater than
the above amounts unless approval from the affected party is
obtained.
3) Within sixty days of the execution of this agreement,
Englewood shall make payment to the District for the feasibility
study and final design engineering which shall be held by District
in special fund and periodic dccounting shall be made to the City
of Englewood.
4) Englewood shall be responsible for acquiring, subject
to approval of a district, such lands or interest in lands as
called for in the final design for channel improvements between
South Platte River and Santa Fe Drive .
Section 2.
That the City Council of the City of Englewood, Colorado,
hereby authorizes the Mayor of the City of Englewood, Colorado,
to subscribe his name to said agreement on behalf of the City
Council of the City of Englewood, Colorado, and the Director of
Finance, ex officio City Clerk-Treasurer shall attest the same.
Introduced, read in full and passed on first reading on
the 5th day of February, 1979.
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Published as a Bill for an Ordinance on the 7th day of
February , 1979.
Read by title and passed on final reading on the 20th
day of February , 1979.
Published by title as Ordinance No. 11 , Series of
1979, on the 21st day of Febr..;;;u;...::;a;....;.r~y'---------' 1979.
Attest:
I, William D. James, do hereby certify that the above and
foregoing is a true, accurate and complete copy of the Ordinance
passed on final reading and published by title as Ordinance No.__!.!._,
Series of 1979.
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AGREEMENT
REGARDING A FEASIBILITY STUDY, FINAL
0£SIG:4, AND RIGHT-OF-WAY ACQUISITION
FOR HIPROVEMEllTS ON LITTLE DRY CREEK
Agreeirent r:o. 79-1.2
THIS AGREWEHT, made this ______ .day of _______ , 1979.
by and between the URBAN DRAINAGE AUD fl.OOD COtlTROL DISTRICT (hereinafter c11l1d
•DJS TR JCT" )t the CJTY OF EflC.L[WOOO (he 1·ein1fter C411ed "ENGLEWOOD"); 1nd the
CITY OF GR£ENw00D VILLAG E (hereinafter 1:al led "CREENWOOD")i
WI rnESSETll:
:!ll(RrAS , DISTRICT , in a pol icy stclter.ient rrevious ly adopted (Resolution
i o. 14 , Series of 1970), e1prcs s ed an i nten t to a~sist public bOdies which hive
heretofore en"ted flood pliin zoning rwasures; and
lifi[REAS, GR[(NWOOO and rnGUWOOD have adopted flood pl1in regulations for
little Ory Creek; and
WHERCAS, (14GL(W000, C:RE£11~00D Vi ";la!]e, Cherry Hills Vil119e, Mapahoe
County. and Douglas County cooperated in the prep.int ion of 1 drainage master
plan for Little Dry Creek entitled, "Mcl j or Drainageway Planning, Little Dry Creek"
by McCall-Ellingson & norrill, Inc., consulting engineers. d1ted February, 1974
in 1ch conceptual plans for dra inage i mprovements through E04GLE!~nCD, rehabi li-
tation of Englewood Dam, and construction of five addition1l detention facilities
i nclud i ng two identified as Berry and Prentice Dams, were set forth therein; and
UiEREAS , GR([f;WOOD has requested that the DISTRICT investigate the feasi-
b i l i ty of relocating the proposed Berry and rrentice ~etention Dams to a single
site 1.pst re .:il'I of Belleview Road that GR[LW·!OOD is i nterested in developin!l as a
par ; ;ind
\.1 1EREAS , if the s ingle site is fc<11sible. CiREElll-!000 has exprt:ssed an interest
i n participating with DISTRICT c.1nd [UGLE:~OOD in the acquisition of the lands
ne e ded for the da m und flC'od riool , provided GP.Hra·JOOO could utilize the area for
p.l r purpo~c;; and
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WHEREAS, ENGLEWOOD hu requested thlt ENGLEWOOD and the DISTRICT
Jotntly 1>1rticipate fn the following acttvittes:
A. conduct a f .. sibility study of an alternative detention site to
the Berry and Prentice Dams currently set forth in the Little
Dry Creek ,..ster Plan•
B. Pre1>1re fil'\ll design for channel i11prov1111ents on Little Dry
Creek from the South Platte River upstre111 to S.nta Fe Drivei
and
c. Acquire the right-of-way necessary for channel improvements
on little Dry Creek from the South Platte River to S1nta Fe
Drive.
WHEREAS. DISTRICT has adopted at a public heiring, a Five-Year Capital
Improv1:111ent Progrilm (Resolution No. 56, Series of 1978) for drain1ge ind
flood control facil1ties in which impr ovements on little Dry Creek were
in cluded in the 1979 Calendar Year; and
WHEREAS, DISTRICT has heretofore adopted a Speci1l Revenue Fund
Bud9et for Calendar Year 1979 subsequent to public hearing (Resolution No. 42,
Series of 1978) which includes funds for improvements on little Dry Creek; and
WHEREAS, DISTRICT Board his authorized DISTRICT financial partici1>1tion
for a f .. sibility study for a propo sed detention f1cilit,y on Greenwood Gulch,
fi,..1 design of channel improvement s fro11 the South Pl1tte River upstream to
Santa Fe Drtve, and acquisition of right-of-way necessary for channel improve-
111ents frOfl the South Platte River .to Santa Fe Drtve (Resolution No. 61, Series
of 1978)t
l«>W, THEREFORE, in consideration of the mutual promises contained
heretn, the Parties agree as follows:
1. SCOPE OF AGREEMENT
This Agreement defines the responsibilities and financial cornnit-
nten ts of ENGLEWOOD. GRErnl~OOD and DISTRICT with respect to a feasibility study
of locating a detention facility on Greenwood Gulch upstream of Belleview Road
in GREEt.~·:OOD Village, and final design of channel improvements and acquisi-
tion of right-of-wdy on little Dry Creek within EllGlEW OOO from the South
Platte River uµstrcilm to Santa Fe Drive as defined herein.
Z. SCOPE OF PnOJECT
Z.1 fCJ!!i _L>_i.!_i_U'_ Study. 'rhe feasibility study will consist of
an dnalysis of the feasibility of locating a detention
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facn it.Y on Gree..ood Gulch ~tre• of 8el11v1• Rold in
GREENWOOD. Such faci l i t.Y would replace th• tailO detention
factlitin defined in th• report •NaJor Dreilllll"Q Planntng.
Little Dr1 Creek• dated February, 1.974 ~ '4cCl11-Ellift9IOll
l MDrr111 (hereinafter referred to 11 PLM) • le"'1 ud
Prentice DI•· Thi feasibilit,y •tuclY would constdlr vmous
lllbMk•nt conff!Jurations, spillwa, locations, costs. sub-
surface analysh, and other analyses n11dld to dltlrwint
feasibility •
2.2 f'inal Desfsn. Ftn1l de51gn will be prepared for the portion
of Little Dry Creek fn ENGLEWOOD fl'Oll the South Platte River
upstre• to Santa Fe Drive. The final design will be based
on the prel i•fnary desf gn Ht forth in PLAN. It is understood
that the PLAt~ is conceptual in nature and subject to change 1n
final design.
2.3 Acquisition of Risht-of-Way.
2.31 Right-of-wa, needed for channel tmproveNnts fro•
South Platte River upstreu to Santi Ft Drive, defined
as Sutton 0+00 to approxf111tel1 Station 10+50 in PLAN,
will be acquired. The right-of-wa.y 1cquisition w111 be
in accordlnce with approved plans 1nd specifications
and r1 ght-of-w., 1111ps to be prep1red for ENGLEWOOD and
DISTRICT pursuant to Section 2.2 above.
3. PUBLIC NECESSITY
E"GLEWOOD, GRWWOOD, 1nd DISTRICT agree thlt the work perfof'll8d
pursu1nt to thh Agree111nt is necesury for the health, ufety, C0111fort,
convtnience, and welfare of all people of the State, 1nd is of particul1r
benefit to the i nhabi tan ts of the DISTRICT and the propert,y thtrei n.
4. FLOOD PLAIN RCC:ULAT IOHS
Enc.LEWOOD agrees thlt nood plain regulations or ordinances are
in effect on Little Dry Creek within WC'-L.E\-/MD.
5. PROJECT COSTS
EtlGL.EWOOO, GltECtlWOOD, and DISTRICT agree that for the purposes of
this Agree nlC!nt, project costs shall consist of and be limited to the following
for the portions of the project H defined in Section 2 of this Agreement:
1) Detention dam feasib11 i t1 study.
b) Firwl dcsf~in ,1 nd rclc.1tcd services.
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c) Cost of right-of-way 1as111ents or fee siinple acquisitions and
costs of preparation of right-of-way surv~ incl descript~ons,
but not including 115111 costs, 1ppr1t11l fees, or 1dlllintstr1-
tive costs.
It is understood that project costs IS defined above ire esti•ted to
not exceed $381,000. Project costs for the various elements of the effort
are estt .. ted 1s fo110W5:
A.
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c.
D.
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F11sibility study
Final design engineering
1) Final design blsic services
2) Final design special services
3) Contingency (lSS of 1 and 2)
Total Final Design Engineering
Right-of-Way
Toul Project Cost
6. ALLOCATION ANO PAYMENT or ESTIMATED COSTS
Amount
s 12,000
33,000
27,000
9,000
s 69,000
300,000
$381,000
The Parties agree that pt~Ject costs shall be shared on the follow-
ing basis:
a) Feasibility Study (Total Cost) -s 12.000
DISTRICT -sos 6.000
ENGLEWOOD -4SS S,400
GREENWOOD -SS 600
b) Final Design Engineering (Total Cost) -69,000
DISTRICT -sos 34,500
EflGLEWOOO -sos 34,500
c) Right-of-Way Acquisition (Total Cost) -300,000
DISTRICT -sos l S0,000
ENGLEWOOD -sos 150,000
DISTRICT . GR£ENWOOD , and £NGLEWOOD are each co1111 ni tted to their share of project
costs 1s set forth a~ove. Authorization for work or right-of-way acquisition
will not be given if the costs to any Party to this Agreement is greater than
the above amounts , unless approval from the affected Party is obtained. The
abo e costs are estimates; a final tabulation of ~ctual project costs will be
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.. de at the c011Pletion of each phase (feasi)ility study, ftnal design, and ROW
acquisition) of the project, and costs to DISTRICT, ENGLEWOOD and GREENWOOD
will vary accordingly.
Within 60 days of the execution )f th1s agree1111nt, DISTRICT, GREEN-
WOOD, and £1&.EWOOO shall uch make PliMnt to DlSTIUCT for their respective
share of phases (a) and (b) as defined 1bo\•e (fustb1ltty Study and Ftnal
Design Engineering). The P11111ents by DISTIUCT, GREENWOOD. and ENGLEWOOD
shall be held by DISTRICT in a special fun:S to PIY for the f .. stbtlity Study
and final Design Engineering phases of the project. DISTRICT will provide a
periodic accO\lnting of project funds, as 1111111 u a periodic notification to
ENGLE OOD •nd GR(ENWOOO of any unpaid obligations. Any interest Hrned by
the nies contributed by DISTRICT, ENGLE ·IOOD, and GREENWOOD shall be accrued
to the special fund established by DISTRICT for this project, and such interest
shall be used only for this project.
In the event th•t upon completion of phase (a) or phase (b) of the
project, 1110nies including interest e•rned, remain which are not conwnttted.
obligated , or disbursed, each Party shall receive 1 share of such monies,
ich shires shall be computed in proportion to the original shares as set
forth •bove.
P•yment of monies for right-of-way acquisition ts defined in
Section 9, RIGHT-OF-WAY ACQUISITION.
In the event that additional funds are needed to complete the
Feuibility Study and /or Final Design Engineer.ing, the approximate shares of
such 11dditional costs shall be computed on the · same basis u the original
shares, unless another cost-sharing formula is agreed to by the affected
Parties. Such additional funds shall be co11¥T1i tted by the affected Parties
prior to the making of any con111itn 1ents beyond the estimates set forth above.
7. FCASIBILITY STUDY
Upon execution of this Agreeme nt. DISTRICT. EriGLEWOOD, and GREEN-
'OOD shall select an engineer qualified and experienced in earthen dam design
tually agreeable to all Part i es. DISTRICT shall contract with selected
eng i neer and shall supervi se and coordinate the feasibility Study. The
feuibil lty Study shall be coord in•ted with GREEm~OOD with regard to GREEN-
1 '00 D's interests i n utilization of the flood pool area as a park.
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8. FINAL DESIGN [NGJNEERINr.
Upon execution of this Agrnt11nt, DISTRICT 1nd PGUlilOOD Shill
select 1 qU111f1ed engineering consultant 111UtUllly 1gl'9elbl1 to both P1rttea.
DISTRICT shill contr1et with selected engineer ind 1hll1 1~nt11 Md co-
ordha1te the fin1l design.
9. RIGHT-QF-WAY A~ISI!ION
UGL.£1C>OD shill De ruponsibl• for .cqu1r1ng, •ubJ•ct tlD ..-prov•l
of DlSTRJCT, such l•nd or interest in l1nd H e1l11d for tn tlll final dlltgn
for chlnnel improv.enu between the South Plltte River Md S1nte Fe Drive •
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~2r~iNS12n 1 ENGLEWOOD shill obt11n 1pprov1l of DISTRJCT
prior to "quisition of properties 1equ1 red pursuant to thtl
Agreement. Requests for such 1pprov.l 1hll1 include for111l
1ppr1iHls of the propert,y, leg1l descriptions of the prop-
crty, Mid other infor•tion deemed 1ppropr11te to the
l(qu i siti on.
P•lncnt for nish~-of-W~l· Following purchlH of properu or
receipt of executed memor•ndum of •91'9tlllflt betwe• ENC~EWOOD
•nd propert.t owier com1tting propert.t owner to u11 properu
to D4Gl.£1iiOOD it • price ceruin 1nd on • dlte carutn,
ENGLE~D shl 11 so . 1dviie DISTRICT ind 1'9QUllt Pl,1Mnt of
DISTRICT shire. DISTRI l:T shl 11 re•i t to ENC'tl.DIOOD within 60
dlys the DISTRICT's sh11'"t (SO~) of the purchue price with
such payment not uceed ng ~· estim1ted costs H set forth
in Section 6 of this l\g .·eement without prior 1pprov1l of the
District. In no event will the DISTRICT be obli91ted to remit
DISTRICT shire 30 dl..)'s pr1or to the closing dlte of the properu
transaction from the ow11er to EllGlEllOOD.
Owne!Jhie gf Proesrti and ~ im11a1ion gf Mii· ENGLEWOOD shill
o"" the propert,y 1cqu1red pursu•nt to this A9ree .. nt 1nd shill
be responsible for 11111ntenance of s.,.. .. It is specif1c1lly
understood th•t the ri9ht-of-~11y is being acquired for flood
control purposes. If it is necessary to 1cquire il'\Y buildings,
the occup1nu thereof $l 1al1 vacate the preniises within !>O d1ys
following the dlte of purchase. ENrlEWOOD ma,y sell the buildings
to other public or private p1rties, provided the"buildings would
be removed from the pr~pert,y within s 1x months of dltt of Hle.
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The pro.,erttes •cqu in··· sutnt to thh 1gre111ent s~isll not be
used for •n.Y purpose ti. 1111 d1l11tntsh or prer.11111 .. iU UH
for flood control purpci ~r . Jf a191 buildings or r•ropert111
are so ld to other pert i es . ENGLEWOOD shall re·'·lt to DISTRICT
501: of ~uch ult price wi 111 fn 60 da,ys of dotr· cir 1111.
liltER£FOR£, t•.c P1rtt11 hereto ha vf' :aused this tnstr11 m·:nt to be executed
by properly authoriz ed stgnatortes 1s of •.• a date and year •bov1 written •
(SEAL)
ATTEST:
(SEAL)
ATTEST:
(SEAL)
ATTEST:
,1£ URBAN DP./.YMGE AND
.DOD CONTRCiL DISTRICT
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1 i I. le. ___________ _
w ~·------------
CITY OF ENGLEWOOD
Title. ___________ _
Date. ___________ _
CITY OF GREENWOOD VILLAGE
By ____________ _
Title. ___________ _
Dilte. ___________ _
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