HomeMy WebLinkAbout1975 Ordinance No. 045•
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INTRODUCED AS A BILL BY COUNCILMAN SOVERN
BY AUTHORITY
ORDINANCE NO. 45 SERIES OF 1975
AN ORDINANCE APPROVING TH E AGREEMENT BETWEEN THE CITY AND COUNTY
OF DE VER AND THE CITY OF ENGLEWOOD, COLORADO, AUTHORIZING THE
CITY OF DEN VER TO MAKE A SANITARY SEWER LINE CONNECTION AT SOUTH
UNIVERSIT Y BOULEVARD AT EAST FLOYD AVENUE WITHIN THE CITY OF ENGLE-
WOOD, AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE SAME
ON BEHALF OF THE CI TY OF ENGLEWOOD.
WHE REAS, The City of Englewood, Colorado, and the City
and Coun ty of Denver, Colorado, are desirous of cooperating
with reference to a sanitary sewer line connection to be lo-
cated at South University Boulevard at East Floyd Avenue,
within the Ci ty of Englewood; and
WHE REAS, a written Agreement has been proposed between
said munic ipalities relating to said connection with Engle-
wood's re ceiving and treating sewage; and
WHERE AS, said interconnection is to be constructed pur-
suant to plans and specifications to be approved by the City
of Englewood's Department of Utilities Standard Specifications;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EN GLEWOOD, COLORADO, AS FOLLOWS:
Section 1.
That Englewood shall enter into an agreement with Denver,
acting by and through its Board of Water Commissioners, according
to the prov i s i ons of a certain written instrument captioned
"Sewer Co nnection Agreement", which is attached hereto, con-
sisting of fi ve typewritten pages and is hereby incorporated
by this reference. Said instrument provides:
1. That Denver shall have the right to connect a four-
i nch pipe to the City of Englewood's sanitary sewer
line located at South University Boulevard and East
Floyd Avenue, within the City of Englewood. The right
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to maintain such connection shall expire five
years from the date of the Agreement without
further notice.
2 . The construction of the connection shall be ac-
complished by Denver in accordance with plans and
specifications approved by the Englewood Depart-
ment of Utilities. Prior written approval by the
Director of Utilities of the City of Englewood
shall be necessary prior to the making of any
alterations to said connection.
3 . Denver agrees to indemnify and save the City of
Englewood harmless from all costs, claims or dam-
ages arising out of the connection, without regard
to the cause of said costs, claims or damges.
4 . The Agreement shall not operate to limit or in any
way restrict Englewood's right to utilize its sewer
line facilities within the area of said connection.
S . Denver shall bear all costs of construction, and
upon abandonment thereof shall pay all costs of
removing said connection and return the area to
its original condition, all of which shall be ac-
complished pursuant to the supervision of the De-
partment of Utilities of the City of Englewood;
Denver shall pay all costs therefor.
6 . Englewood reserves the right to make inspections
of the connection and appurtenant facilities at
any time during the operation of the Agreement.
7. All sewage flow into the City of Englewood's
system is to be metered pursuant to specifica-
tions of the Director of the Department of Util-
ities.
8 . During the last month of the third year of this
Agreement Denver may give notice of its desire to
extend the Agreement's term for a subsequent year;
Englewood may it its sole and absolute discretion
extend the Agreement.
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9 . The cost of processing sewage to be paid by Denver
to Englewood shall be on metered flow at the rate
of forty cents per one thousand gallons of sewage.
In the event of malfunction of the meter, Engle-
wood's Director of Utilities shall be allowed to
estimate the sewage that has entered the sewer
line and Denver shall make its payment based upon
such estimate. Charges shall be billed by Engle-
wood quarterly and shall be paid by Denver within
thirty (30) days of the date of billing. The rate
of forty cents .per one thousand gallons of sewage
shall be reviewed after two years from the date
hereof and may be modified in relation to the then
existing value of the dollar.
10 . During the existence of the Agreement, Denver, at
its expense without cost to Englewood, shall procure
and maintain a liability policy covering the premises;
bodily injury limits not less than fifty-thousand
dollars ($50,000.00) as to any one person, two-hundred
fifty thousand dollars ($250,000.00) as to any one
occurrence, and with a property damage limit of not
less than twenty-five thousand dollars ($25,000.00)
for any one occurrence.
1 1. That the within Agreement may be revoked at any time
by the Englewood City Council if it shall find and
determine that public convenience and necessity or
public health, safety or general welfare requires
such termination; said right of revocation within
said Agreement is expressly reserved to the City of
Englewood.
Sec t i on 2.
The Mayor is hereby authorized and directed to execute
said Agreement for and on behalf of the City of Englewood,
and t he City Clerk i s directed to attest the same and affix
the se al of the City thereto.
I ntroduced, read in full and passed on First Reading on
the 17 day of November , 197 5.
Published as a Bill for an Ordinance on the 19 day of
November , 19 7 s .
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• Read by title and passed on Final Reading on the 1st day
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of Decembe r, 19 75.
Publis hed by title as Ordinance No. 45 , Series of 1975,
on the 3rd day of December, 1975.
ATTEST:
I, Wi lliam D. James, do hereby certify that the above and
foregoing i s a true, accurate and complete copy of the Ordinance
passed on Fi na l Reading and published by title as Ordinance
o. 45 , Series o f 19 7 5 .
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