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HomeMy WebLinkAbout1973 Ordinance No. 022Ilft'RODUCED AS A BILL BY COUNCILWOMAN HENNINO BY AU'l'HORITT ORDINANCE NO. 22 • SER?ES OP 1973 - AN ORDINANCE AU'l'HORIZINO AN AOREEMENT WITH THE CIT! OP ENOLEWOOD, COLORADO, HOUSING AU'l'BORITT, TO ESTABLISH A SPECIAL PUND TO RECEIVE AHD BE CUSTODIAN OP MONIES FOR AllD ON BBBALP O• 'l'llE CITY OP ENOLEWOOD, COLORADO, ROUSINO AU'l'RORITY: AND DECLARING All DDODCY. WHEREAS, The CitJ Council ot the CitJ ot Englewood, Colorado, and the City ot Englewood, Colorado, Housing AuthoritJ, have deemed it necessary to establish a special tund to be .. 1ntained bJ the CitJ ot Englewood, Colorado tor and on behalf ot the CitJ ot Englewood, Housing Authorit1; and VBIREAS, the Cit1 ot Englewood, Colorado, Housing Authority anticipates the receiving or aonies trom several sources and desires to have proper accounting pro- cedure• tor the maintenance and expenditure ot such monies; and WHEREAS, both the CitJ ot Englewood, Colorado, and the City of Englewood, Colorado, Housing AuthoritJ have the power to contract with each other by virtue or the Constitution or the State or Colorado and the Statutes ot the State or Colorado and the Charter ot the City ot Englewood, Colorado. NOV, 'l'REREPORE, BE IT ORDAINED BY '1'RE CITY COUNCIL OF 'l'RE CITY OF ENGLEWOOD, COLORADO, aa tollows: Section 1. That the CitJ or Englewood, Colorado shall enter into an Agreement with the Cit1 ot Englewood, Colorado, Housing Authority according to the provisions or that certain written instrument, captioned Agreement, between the City or Englewood, Colorado, and CitJ or Englewood, Colorado, Rousing Authority, which is attached hereto, consisting ot two tn>ewritten pages, and is hereby incorporated by reference. Said instrwaent provides that: (a) The CitJ shall receive monies trom any source tor and on behalf ot the AuthoritJ and the Departmentor Pinance or the City shall hold and disburse such monies as provided hereatter. (b) The Department or Pinance or the City shall establish a special tund tor such monies and maintain a proper system or accounting that shall adequatel1 tultill the requirements ot any City, State, or Pederal law tor the existence or such fund. (c) Upon proper written request trom the proper otticial or the AuthoritJ, the CitJ shall disburse such awns ot money as may be required tor and on behalt or the AuthoritJ. (d) The CitJ shall have no claim upon the tund other than as custo- dian and shall not charge any tee tor the maintenance or this fund. (e) The tund shall terminate upon proper written request or the AuthoritJ and &nJ monies in the tund at the time or such request shall be returned onl1 to the Authorit7. Section 2. Inaaauch aa tiae ia or the eaaence in establishing a tund to receive expected moniea trom various aourcea tor and on behalt ot the City or Englewood, Colorado, Housing AuthoritJ, CitJ Council hereby tinda and determines that an emergency exists and that the enactment or the toregoing Ordinance is neceaaar1 tor the iDDnediate preservation ot public health, peace, aatety and good order, therefore, this Ordinance shall become ettective upon publication tollowing tinal passage. Introduced, read in tull and passed on tirat reading on the 18th day or June, 1973. Published as a Bill tor an Ordinance on the 21st day or June, 1973. Read bJ title and passed on tinal reading on the 2nd day or July, 1973. Published bJ title as Ordinance No. 22, Series or 1973, on the 5th day or Jul1, 1973. ·~~· J111&1or ATTBST: ~~~ ex orr1c10 CI~creiii~'l'reaaurer I, Karl P. Nollenberger, do herebJ certitJ that the above and foregoing is a true, accurate and complete copy ot the Ordinance, passed on tinal reading and published by title aa Ordinance No. 22, Series ot 1973. ~~~ ex ottlclo City ClerlC~-Treasurer I I I I I ... . . AOREP.MENT BETWEEN THE CITIES OP LITTLETON AND !NOLBVOOD, COLORADO POR JOINT-USE WASTE WATER TREATMENT PACILITIES 'l'llIS AOREBMBHT ia made and entered into aa or the 2nd day or July, 1973, by and between the CI'l'IBS OP LI'l"l'LBTON AND BNOLBVOOD, COLORA~ I. RECITALS 1.1 Both Cities are Home Rule Cities operating under charters pursuant to Article XX ot the Constitution ot the State ot Colorado. 1.2 It ia deemed by the City Councils ot both Cities to be in their best interest, and in the beat interest or their present and tuture waste water treatment tacillty uaera, that tuture enlargement or each C1ty•a plan~ facilities be combined in one location and into one plant, and each Council has heretofore adopted a Resolution approving the concept. , l.~ Certain conceptual planning haa been done in this regard for the Cities b7 the engineering tlrm ot Henningson, Durham & Richardson. l.• 'l'hia contract ia entered into pursuant to the basic powers or the Cities to contract with each other and, further, pursuant to enactment by the State Legis- lature in 1971 ot an amendment to C.R.S. 1963, 88-2-1. 1.5 The basic concept or this Agreement la that neither City shall be a cuatoaer or the other, but rather a joint facility shall be constructed and operated with construction ooata, coats or additions, and coats or operation and maintenance being divided between them in a tair and equitable manner aa set torth hereinafter with greater apeciticity. 1.6 It is contemplated that the Cities will make applications for federal tunding or this project up to the maximwn amount eligible. 1.7 In order to make uae or the joint facility which will be located down- stream trom Littleton, it will be necessary to construct an interceptor line, and it ahall be Littleton'• responsibility to pay tor and to contract for a sixty-six (66) inch line trom the Littleton plant to the Joint plant. II. INITIAL PLANT 2.1 The Joint facility shall be located on a tract or tracts or land in the vicinity or the present Englewood aewera-e treatment plant as illustrated on the plat or drawing which ia designated as Exhibit A, which shall be prepared by the Engineering tlrm or Henningson, Durham & Richardson and when prepared shall be presented to tbe Cities tor their approval. When approved it shall be appended to this Agreement and be considered a part hereot. Reasonable easements through adjacent properties owned by the City or Englewood shall be granted at nominal consideration. 2.2 Englewood shall receive a credit against its contribution to the cost or the plant tor such land as ii designated on Exhibit A which is owned by Englewood and wbicb i~ uaed tor the plant. The credit given Inglewood tor land used for the plant ahall be arrived at by the Citlea by negotiation and agreement, it possible, or in the absence or such agreement, by the Cltles having the coat determined by one Member or tbe Appraisal Institute (MAI) to be designated bJ them, or in the event or their inability to agree upon the identitr or such appraiser, then by an MAI designated by the presiding Judge ot the Eighteenth Judicial District or the State or Colorado. 2.3 The actual ownership ot the real estate and improvements on the site, or that are in the tuture constructed thereon, shall be in tenancy in common between the Citlea. 2., Englewood shall proceed immediately to purchase all land that it does not ret own which ia agreed upon bJ the Cities by designation on Exhibit A. Upon acquisi- tion or all such land, and receipt or the specified reimbursement rrom Littleton, either by cash pa,.ent or by credit being given against payments on the construction contract or contracts, tbe title to the land shall be altered ao aa to be held in tenancy in cOllllOn. Land to be acquired shall be purchased at a price agreed upon and concurred 1n by the two Cities. In the event Englewood cannot acquire the property by purchase and negotiation, Englewood shall proceed with the condemnation or the properties, and tbe two Cities shall cooperate with each other in such action. Englewood shall be repaid tor titty percent (501) or all acquisition coats, including appraisals and condemnation coats by Littleton by means or a credit against construction contract pA7119nta 1 or in caab, at Littleton'• option. 2.5 The initial capacity or the plant shall be approximately twenty million gallons per day, and it ia estimated that the construction coat shall be approximately 13 •. 5 lllllion dollars. Bach CitJ shall pay tor one-halt (1/2) or the total project coat, and each CitJ shall own one-halt (1/2) or the plant and the initial treatment capacity thereot. Bach citJ shall be entitled to credit against its payment any amounts received in federal aid by that City tor this project. 2.6 A joint award or the construction contract aball be made by the City Councils ot each City. The contract shall be administered, during the course or conetruotion, bJ the Superviso17 COlllllittee, deaoribed in paragraph 3.1 below. Change orders in the contract may be authorized by that Coaanittee up to titty thousand dollars ($50 1 000) per order with an aggregate maximum tor all change orders not to exceed one percent (11) ot the total amount or the contract. In the event the said one percent (11) ti1ure ia aet, then, and in that event, tuture change orders which can be approved b7 the Coaaittee shall be limited to ten thousand dollars ($10,000) aggregate. further chan1e orders auat be approved b7 both Cit7 Councils. 2.7 In the event that land is acquired b7 the Cities and the entire project ia abandoned, the land so acquired shall be disposed ot as follows: Englewood shall .•.. have the option ot either purchasing Littleton's share or the land, or conducting a public sale thereot with the proceeds to be divided between the Cities based upon the j. proportionate .. ount ot investment made b7 each. III. OPERATION 3.1 A peraanent co .. ittee, to be known as the Supervisory Committee and which •hall conaiat ot two aclJliniatrative eaployeea ot each City shall oversee all operations ot the Joint tacility and attendant matters, both during the course of construction and a~r the plant is in operation. Decisions shall be made by majority vote. In the event that a aaJorit7 vote cannot be arrived at on an7 matters within the scope of their authority, then, and in that event, a titth aeaber ot the Supervisory Committee shall be appointed tor the purpose ot reaching a deteraination of that issue. The titth aeaber ot the Superviaor7 co .. ittee shall be appointed tor the purpose of reaching a deteraination ot that issue. The titth aeaber shall be an individual whose identity ia a1reed upon by the two Cities, or in the absence ot such agreement, the fifth member shall be appointed by the presiding Judge ot the li1hteenth Judicial District of the State or Colorado, and this tifth member so appointed shall be one who is experienced and educated in the tield ot waste water treataent, and the operation of treatment plants. 3.2 The City or Inglewood shall operate the plant under the control of the Supervisory Coaaittee. Inglewood shall be reimbursed tor its expenditures in operating the plant baaed on actual veritiable costs plus three percen t(JS) of such coats for adainiatration. 3.3 Within two (2) years trom the date or this contract, each City shall adopt and enforce industrial waste manageaent ordinances controlling influent to the plant, and shall enforce ettluent standards that coapl7 with existing state and federal re1ulationa. In the event that the ordinance or one City permits existing sewer cuatoaera to continue to diacharde waste containine a higher BOD content, then, and in that event, that Cit7 shall pay an additional aum to be determined by the permanent operatin1 coaaittee. 3.4 Allocation or annual char1es and deteraination or -rates for each year of Operation shall be determined in the followine manner: .1 The total annual charges tor operation and maintenance for each year shall be baaed on volW1e ot ae .. ra1e contributed, BOD content, and suspended solids content ot the sewerage • • 2 The unit charge per million gallons ot aewa1e volume, the unit charge per ton of BOD content, and the unit char1e per ton of suspended solids content shall be computed annually as follows: (a) Unit charge tor volume (per UG) • total annual volume charge total lo to plant (b) Unit charge for BOD (per ton) • total annual BOD charse total tons BOD to plant (c) Unit charge tor SS (per ton) = • total annual SS charse total tons SS to plant .3 Each Cit7 shall pay annually a total sum obtained by multiplying the respective unit charges thus obtained by the estimated annual volume, BOD, and SS ot the sewage to be contributed by the City to the plant • • 4 Following each calendar 7ear, the actual unit .charges for volume, BOD, and SS will be computed on the basis ot actual volume, BOD and SS contributed to· the plant. The annual payments by the Cities made on the basis of estimated unit char1ea shall thereatter be adJuated on the basis of the actual unit char1es, and such adjustments shall be reflected in subsequent annual charges to be aade to the Cities. ·' The volWle charge to Littleton shall be reduced based on the quantity and qualit7 ot sewerage which aa7 be put into the sixty-six (66) inch interceptor line owned by Littleton. 3., In the event capital repairs are necessary requiring expenditure of funds above those which the Joint plant ha• at its disposal, they shall be paid one-halt b7 each CityJ but it in the tuture, through plant enlargement, one City actuall7 owns aore ot the plant they shall be based on the then exist- iDI ratio ot ownership. I ).6 Monthly reports relative to the operation ot the plant shall be requi~ed by ,.-.---· the Supervisor7 Coaaittee and copies thereof shall be distributed to the , City Councils or each City. Thia plant tacilities and records shall be open : tor inspection and review ot the parties. , ··-·~-. ).7 Lach City covenants and a1reea that it will either levy a sufficient tax, or char1e autticient sewer rates to enable it to generate sufficient funds to aake the payaenta that will be required under the terms of this contract. . . " ,. .. I ..•. l . ·: . -l --°'" ,.. ... ·. :i -··~· ·:: ·.: ........ .. :~ .. • ,. I . , I .• . . ', , I I # '1 . ' . :....-.~ i ..-·' •I .. .... .. · ~ .. . , . ., .... -·~ ·. 1· •.. ~·I' ,, . ·1 , •. .:1 . '·: . ....J . . . . . -.~ • ~ • ~'I . ' \:. I ' . I , .. ~ !• . 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SUBSEQUEMT PLAIT EMLARGEllEMT 4.1 At such tiae as either City is using eighty percent (80%) of its capacity in the Joint plant, or is under contract with Districts, or other entities, which lead it reasonably to conclude that it soon will be at or over the said eighty percent (SOSO t11ure, it aay either request that the other City lease or sell to it a portion of the unused capacity or the plant owned by said other City, or it may enlarge the plant. 4.2 The coat ot any enlar1eaent, it required, by one City pursuant to the terms ot paragraph 4.1, shall be borne by the City requiring the plant enlargement, and the additional capacity shall be owned by said City. 4.3 In the event both Cities require additional plant capacity, they shall share in the cost and eventual ownership of the increased capacity based upon the aaount or the additional capacity required by each. 4.4 In no event shall the operator or the Joint plant accept sanitary sewerage . in aaounts above the specific entitlement of each Cit~. v. FIHilCIHG '·l The Cities agree that it is necessary to fund an operation and maintenance reserve account, and each City shall therefore deposit twenty thousand dollars ($20,000) each into the said tund. The tund shall be aubJeot to annual review. Expenditures tor non-budgeted iteas or services costing over two thousand dollars ($2,000) must be tirst approved by a aaJority of the aeabers ot the Supervisory Committee, and of items exceeding ten thousand dollars (Sl0,000) auat be approved by the Councils of each City. ,.2 The Supervisory Coaaittee shall prepare a cost estimate for the first year ot operation ot the plant and tor each year thereafter, and each City shall pay its portion thereof quarterly, in advance. In the event thereis a deficit incurred in operations, then, and in that event, each City shall pay its portion thereof, based on the percentage ot capacity ownership, within thirty (30) days of notification of the existence ot the deficit by the Supervisory Coaaittee. VI. SIRVICI ARIA 6.1 It is a basic concept or logical developaent of sewer treatment facilities that collection ayateaa serve draina1e basins which flow naturally by gravity. Except where existing contract• with Dlatrlcta, or other entities, present legal impedi- aents which cannot be overcoae by negotiation and aaendaent, it is agreed that each City shall serve those dralna1e baina which flow naturally to the collection facilities of the said City. Appendix B, a aap ot the dralna1e basins, sewer service districts, and service areas ot the two Cities, is attached to and made a part of this Agreement. If an area desiring service la in the draina1e basin ot one City, but that City refuses service, then the second City aay •erve it. •aetusal to serve" shall mean that upon written application the City involved shall expressly deny service to the applicant; iaplied refusal shall aean that upon written application the City involved does not respond in writing within sixty (60) days troa the date ot application; conditional approval ot service shall not be construed as a refusal ot service. There shall be no expansion ot service by one City across or into basins which naturally drain to the collection facilities ot the other City, except as bereinabove provided. VII. llISCELLAHIOUS 7.1 SubJect to the provisions of the charters and ordinances individuals presently employed by either City shall have priority in the operators of the Joint plant, based wherever possible on a plan in selection or employees between the two Cities, which plan shall be adainistered by the said co1111ittee and shall be reduced to writing. of each City, employaent by of alternating devised and 7.2 This contract shall be tor a perpetual period, unless terminated prior to that tiae by autual agreement or operation or law. Should federal funding as described in paragraph 1.6 above not beooae available to either City in an amount equal to at least titty percent ('OS) ot its initial proJect cost, then either City aay terainate this Acreeaent. Upon teraination ot this Agreement, assets shall be divided between the Cities in such manner as they aay agree upon, but in the absence ot such agreeaent, then by appraisal with a lleaber ot the Appraisal Institute (MAI) being designated by the Cities, or in the absence or an agreement on the identity of the llAI, by the preaidin1 Jud1e of the Eighteenth Judicial District of the State of Colorado. 7.3 laoh City ehall adopt an ordinance with similar content approving and authorisin1 entr7 into this contract. 7., In order to provide tor proper aanagement or the Joint facility, it is understood and agreed that direct taps to the treatment plant, or to the interceptor line shall be in a ainimua size of eight (8) inches. 7., Littleton shall reserve for Englewood's use reserve capacity of one aillion gallons per day in the sixty-six (66) inch interceptor line to be constructed b7 Littleton. Littleton shall receive a credit against its contribution to construc- tion ot the Joint plant for this aaount ot reserve capacity based on the total cost to Littleton or the said interceptor, including costs or construction, right-of-way acquisition and similar items multiplied b7 the traction the numerator or which is one aillion gallons per da7 and the denominator or which is the million gallon daily capacity ot the sixty-six (66) inch interceptor. Done and signed as or the day and year tirat above written. ATTEST: /s/ Janet G. Harrison Cit7 Cler~ ATTIST: /s/ Karl Nollenbercer CTt7 Cl.erk CITY OF LITTLETON By /s/ F. Vauchn Gardinier President or the city council CITY OF ENGLEWOOD By /s' Milton E. Senti resident or the city council EXHIBITS TRACT A I Coaaencing at the Northweet Corner of the Nil or the Nil or Section JJ, T.4.S., R. 68 W. ot the 6\h Principal Meridian An the City or Englewood, County of Arapahoe, State ot Colorado, thence S 0 07' E along the west line of said NEl ot the NBl 174.64 teet to the true point of beginning, thence N 67°48' E 459.59 teet to the north line of said Nil of the Nil, thence S 89°52'02" E. along said north line 648.,l teet to a point 243 feet west of the NE Corner of NE~ of Section 33, thence S 11°02'34" W 377., feet, thence S 89° '18" E 19.1 feet, 1.hence S 12°36'17• W 429.43 feet, thence N 89°52'02" W 4 feet, thence S 12°J6'17" W 194.48 feet, thence N 89°52'02" W 252 feet, thence S 0°07' E 10 feet, thence N 89°,2 1 02• W 319 teet, thence N 0°01• W J30 feet, thence N 89° 52' 02" W J08 feet to the West line or said NE! or NE!, thence N 0007• W along said west line 485.J6 teet to the point or beginning. Containing 19.084 acres or land more or less. I EXHIBIT A2 TRACT B Beginning at the Northheast Corner of the SW! ot the Nil of Section JJ, T.4 S., R. 68 W of the 6th Principal Meridian in the City of Englewood, County of Arapahoe, State ot Colorado, thence N 0°07 1 W 174.84 feet, thence N 89050• W 609.84 feet, to the Easterly line of South Platte River Drive, thence S 02017• E 1013.93 feet, thence along the arc or a cuzve to the left, the Radius or said curve being 705.J7 feet and the Central Angle being 12°22'19" for a distance of 152.31 feet, thence S 89°52' E '49.42 teet to the last line of the said SWl ot the dEl ot Section 3J, thence N 0°07 1 W along said last Line 988.15 feet to the point of beginning. Containing 15.678 acres or land aore or less. . . TRACT C EXHIBIT A 3 Coaaencing at the Southwest Corner of the SE! ot the Nil of Section 33, T.4 S., R. 68 W. ot the 6th Principal Meridian in the City of Englewood, County ot Arapahoe, State ot Colorado, thence N 0°01 1 W along west line or said Sil ot Nil 543.6 feet to the true point ot beginning, thence N 0°07 1 W 446.67 teet, thence S 89° 53' 37" E 1118.J5 feet to the West line ot South Santa Fe Drive, thence S 17°53'37" W 15.77 feet, thence N 89°,3 1 37" W 366.47 feet, thence S 12°40'45" W 248.63 feet, thence S 89°53'57" E 342 teet to the West line of South Santa Fe Drikve, thence S 17°5J' 37" W 10.52 feet, thence • 89°,3 1 37• W 343.84 teet, thence S 27°04 1 02" W 187.73 feet, thence S 43°15'53" W 16 .•. teet, thence S 6°46 1 19" I 22.63 feet, thence S 32° 55' 39" W 35.95 feet, thence S J 610 10 1 59• W 56.9' teet, thence S 36° 46' 23" W 86.99 feet, thence N 89° 5J' 37" W 1 340.85 feet, thence N o0 07' W 150.0 feet, thence N 89° 53' 37" W 130.0 feet to the : point or beginning. Containing 8.666 acres of land more or less. ~ EXHIBIT A4 I I I · TRACT D Be1innin1 at the Horhteaat Corner or the SW! ot the NI! or Section JJ, T.4 S., R. 68 W ot the 6th Principal Meridian in the City or Inglewood, County or Arapahoe, State or Colorado, thence H 0°07 1 W 174.84 teet to the true point or beginning, thence N 0° 7 1 W 2, teetJ thence H 89° 50 1 W 610.78 1 , to ~he Easterly line or South Platte River Drive, thence S 02° 17' E 25.04 teet, thence S 89 50 1 E 609.84 feet to the point of beginning. Containinc 0.),1 acres or land aore or leas. EXHIBIT A5 -- :I I I AGREEMENT BETWEEN 'l'HB CITY OP INdLIVoob, COLORADO AND CITY oP INdLIVOOb, coLORADO, ROUsfRd AUTHORITY TRIS AOREBMEJft' made and entered into this day or , 1973, bJ and between THE CITY OP ENGLEWOOD, COLORADO, HOO'S1io AUTHORITY, hereinafter referred to aa tbe AutboritJ, and '1'llE CITY OP ENGLEWOOD, COLORADO, a Colorado municipal corporation, bere1natter reterred to aa the City. W I T N E S S B T H : WllBRBAS, the Authority was organized and exists pursuant to Chapter 69, Article 3, c.R.S. 1963 with public powers to carry out and ettectuate the purposes and provisions ot aaid Chapter, and aa a result thereot anticipates receiving monies to be expended tor its stated atatutor1 purposes; and WHEREAS, both the Authority and the City are desirous or cooperating and maintaining proper adainiatrative procedures tor such monies: NOW, 'l'llERBPORB, the parties agree aa tollows: 1. '!'he CitJ aball receive monies trom anJ source tor and on behalf or the Authority and the Departaent or Pinance or the City shall hold and disburse such monies as provided bereatter. 2. The Departaent or Pinance or the City shall establish a special tund tor such 110niea and maintain a proper a1atem ot accounting that shall adequately tultill the require- .. nta or any CitJ, State, or Pederal law tor the existence or such fund. 3. Upon proper written request trom the proper orricial or the Authority, the City aball diaburae such auma ot money as may be required tor and on behalf or the Authority. -· The CitJ aball have no claim upon the tund other than as custodian and shall not charge any tee tor the maintenance or this rund. 5. The tund shall terminate upon proper written request ot the Authority and any 110n1ea 1n the tund at the time or such request shall be returned only to the Authority. IN WITNESS WBBREOP, the parties hereto have executed this agreement as or the date first above written. AiftZST: secretar1 A'l"l'BST: secret&rJ CITY OP ENGLEWOOD, COLORADO, ROUSING AUTHORITY By Chairman CITY OP ENGLEWOOD, COLORADO a municipal corporation BJ Mayor