HomeMy WebLinkAbout1979 Ordinance No. 047t .
•
•
•
BY AUTHORITY
ORDINANCE NO. 4 7
SERIES OF 1 979
COUNCIL PILL NO. 42
INTRODUCI:D BY
COUNCILMAN CI.AYTON
AN ORDINAN CE APPROVING AGREEMENT BETWEEN CITY OF LITTLETON AND CITY
OF ENGLE WOOD RELATING TO THE BI-CITY PLANT.
BE I T ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO:
Section 1. The following agreement between the City of Englewood,
Colorado, and the City of Littleton, Colorado, be and the same is
h erey app roved:
AGREEMENT
Thi s Agreement entered into this 3rd day of December
19 7 9, by and between the City of Littleton, Colorado, a municipal
corporation of the State of Colorado (hereinafter referred to as
I
"~ittleton") and City of Englewood, Colorado, a municipal corporation
of the State of Colorado (hereinafter referred to as "Englewood");
WHEREA S , L i t t leton and Englewood are joint owners of th 0
Littleton Eng lewood Bi -City Sewer Plant located within the City of
Englewood (hereinafter referred to as "Bi-City Plant"); and
WHEREA S, Littleton and Englewood, by previous agreement,
each own and a re ent i tled to F ifty Percent (50%) of the operating
c~pacity of sa i d Bi-City Plant, which capacity is approximately
equivalent t o Fi fty-six Thousand (56,000) single-family or equivalent
sewer taps with Littleton being entitled to Twenty-eight Thousand
( 2 8 , 0 0 0) ; and
•
•
..
I
WHE REAS, at the present time Englewood is using in excess
of its Fifty Percent {50%) capacity of the Bi-City Plant and has
sold additional sewer taps, which, when connected, will greatly
exceed Englewood's share of said capacity; and
WHERE AS, Englewood has directed that the old Englewood Sewer
Plant be reactivated with an anticipated operation date of August,
1981 with a treatment capacity of 5 MGD, or approximately Fourteen
Thousand {14 ,000) single-family or equivalent sewer taps; and
WHERE AS, Englewood is desirous of using a portion of the
remaining capacity of the Bi-City Plant until such time as the old
Englewood Sewer Plant is on line and operational, at which time
Littleton would receive· a refund of any of its capacity used by
Englewood during the intervening period; and
WHERE AS, upon activation of the old Englewood Sewer Plant,
Englewood wo uld be entitled to such capacity as provided by the
B~-City Plant and the old Englewood Sewer Plant such as to guarantee
Englewood su fficient capacity to provide for Forty-two Thousand
(42,000) single -family or equivalent sewer taps, and Littleton
would be entitled to Twenty-eight Thousand {28,000) single-family
or equivalent taps.
NOW, THEREFORE, IT IS AGREED by and between the parties
hereto that:
1. For and in consideration of the mutual promises and
covenants contained herein, Littleton agrees to allow Englewood
the usage of capacity presently owned by Littleton in the Bi-City
-2-
•
' •
•
•
Plant according to the schedule attached hereto marked as Exhibit
A and incorpo rated herein by this reference.
2. I n exchange for the use of a portion of Littleton's
remaining capac i ty in the Bi-City Plant, Englewood agrees that:
A . The old Englewood Sewer Plant located in the City
o ·: Englewood will be reactivated so as to allow that plant to be
operational b y August, 1981 with an anticipated treatment capacity
of Five (5) MGD, or Fourteen Thousand (14,000) single-family or
equivalent sewer taps.
B. That Englewood will bear all costs incurred or
necessary for t he reactivation of the old Englewood Sewer Plant,
including, but not limited to, the cost of construction for any new
sewer lines a nd other necessary equipment.
3. Englewood further agrees that it shall hold harmless
and indemnify Littleton from any and all claims or suits arising
out C·f the reac t i vation or construction of the old Englewood Sewer
Plant. Englewood wi ll take all appropriate measures to avoid damage
or malfunction to the Bi-City Plant from the construction or re-
activation of the old Englewood Sewer Plant.
4. T he parties further agree that:
A. Each City will provide monthly to the other a
listing of the number of taps issued by it or connected to the sewer
lines during the previous month in order to adequately advise each of
the Cities as t o the remaining capacity of the plant .
-3-
•
• B. Each City will adopt an allocation plan for the issuance
of new sewer taps to a ssure e ach other that plant capacity is pre-
served in sufficient amounts so as to satisfy respective charter
requirements o f e ach City and to provide for the future needs of the
in-city residents of each City as well as those portions of the
drainage b asin served by each City. Each City will take such steps
as are nece ssary to assure that sufficient capacity remains for
those needs p rior to the anticipated Phase 2 development of the Bi-
City Sewer Plant. Said allocation plans may, from time to time,
require amendm e nt so as to achieve the preservation of capacity as
detailed herei n, and i t is agreed that the parties shall adjust their
allocation sc hemes accordingly. Specifically, amendment shall be
• required in t he event that the anticipated date of operation of the
•
old Englewood Sewer Plant is delayed or if the anticipated schedule
for Phase 2 d e velopment of the Bi-City Plant is ~elayed.
C. Th e init i al allocation plan of each City, including the
number of tap s reserved by each City for use of its in-city residents
as shown on sa id Exhibit A heretofore incorporated herein. The
allocation f ormula specified in Exhibit A is a guide and may be
modified by e ither Ci t y at its own option to minimize financial
imports withi n the respective drainage basins. Both Cities agree
that each wil l insure that no more taps will be activated than the
totals shown i n Exhib i t A (Englewood 42,000, Littleton 28,000) until
each City s h all have on line addiitonal sewage treatment capacity
to accommoda te active taps beyond these limits •
-4-
•
•
•
•
D. That Littleton and Englewood shall forthwith proceed
with all steps necessary to achieve construction of the Phase 2
addition to the Bi -City Plant b y the year 1985.
5. This a greement, nor any provision hereof, shall in any
manner act to o r be construed to abrogate, modify, limit, or other-
wise change the ag reeme nt of the parties relative to the Bi-City
Plant entitled AGRE EM EN T BETWEE N THE CITIES OF LITTLETON AND ENGLE-
WOOD, COLORADO , F OR A JOINT-USE WASTEWATER TREATMENT FACILITIES
dated July 2, 1 973, nor any provision therein, said Agreement to
remain in full f orce and effect .
6. Failure to compl y with any of the terms or conditions
herein shall b e considered a breach of this Agreement and shall be
grounds for term i nation of t he Agreement by the non-breaking party
at its option . Termination sha l l be effective upon ten days' written
notice to the o t her City's City Manager.
CITY OF LITTLETON , COLORADO
James P. Collins
President of Council
ATTEST:
Janet G. Harri son, City Clerk
APPROVED AS TO FORM:
Larry W. Bt?rkow i tz .
City Attorney
ENGLEWOOD, COLORADO
ATTEST:
~~d-7/?~ i'YCHiije, City erk
-5-
.. ..
•
•
•
/ CXHilHT A
/
TAP ALLOCATION PLAN
LITTLETON/ENGLEWOOD BI-CITY SEWER PLANT
Tot a Plant Capacity of Bi -City Pla nt (Numbers of Taps)
Taps sold and on li ne as of September 12, 1979
Taps allocated Oct ober 1, 1979 -October 1, 1980
-aps allocated Oct ober 1, 1980 -October 1, 1981
(Ol d Englewood Plant on Line September 1981,
Englewood pi c ks up 14,000 additional taps)
Taps a)located Oct ober 1, 1981 -October 1, 1985
1,290 per ye ar for Englewood
1 ,833 per yea r f or Littleton
TOTA TAPS ALLOCATED
• By September , 1985, Phase II of the
O i-~ity Plant Should be on line and
tc.p 1 imitati ons can be eliminated
ENGLEWOOD
28,000
34,260
1,290 *
l ,290 *
5, 1 GO
42,000
LITTLETON
28,000
17,000
l ,833 )'r;'(
l ,833 )°o';
7,334
')" 00() -~:!-' L ___ _
* Of the 1, 290 taps allocated 9.10 scheduled for · o~taide · city limito anu J~O r~~crvcJ
for City of Englewood.
*1' Of the 1,833 tap s allocated 1,300 are for contrilct ¥Orv.Leo to out~ic.lc-tlu.:-city
sewP.r districts , 300 taps each year for builders within Li'ttleton, and rem.lining
233 taps in reserve •
-6-
•
•
•
Introduced, read in full, and passed on first reading on the
1st day of Oc tober, 1979.
Published as a Bill for an Ordinance on the 3rd day of
Octob e r, 1979 .
Read by title and passed on final reading on the 3rd day
of December , 1 979.
Published b y title as Ord i nance No. 47 , Series of 1979, -----on the 5th d a y of December , 1979.
Mayor
Attest:
Clerk
I, Janice L . Watkins, Deputy City Clerk, do hereby certify
that the above and foregoing i s a true, accurate, and complete copy
of the Ordinan c e passed on final reading and published by title as
Ordinance No . 47 Series of 1979 .
-7-