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Home My WebLink About1973 Ordinance No. 024I I I IWHlODUCED .AS A BILL BT COUNCILMAN BLESSING. BY AU'l'RORITY ORDINANCE NO. 2• , SERIES OP 1973 All ORDIIWICE APPROVIRO JODf'l' IRTER-OOVBRNMEN'l'AL AGREEMENTS BETWEEN THE URBAN DRAINAGE AJID JPLOOD COfiitOL DISftlIC'l', ARAPAHOE COUll'l'Y, '1'llB CITY OP CHERRY HILLS VILLAGE, AND THE CI'l'r OI GRIWIVOOD VILLAGE, RBLA'l'IRO '1'0 '1'llE ACQUISI'l'ION, CORS!'RUC'l'ION OF IMPROD:MEN'l'S, OlftllRSllIP, ARD IUIIBIAICB or '1'111 BNOLBVOOD DAM AND AU'l'llORIZINO THE MAYOR TO EXECUTE SAID AGRllllllftS. VBBRBA.S, the Urban Drainage and Plood Control District, Arapahoe County, the Clt1 ot CberrJ Billa Village, tbe CitJ ot Greenwood Village, and the City or Bngl .. ood baYe preYiou•lJ Joined together in a cooperative e-fort to determine the atabllltJ ot tbe Bnglewood Dall ao ae to give it the capability or storing the One-Hundred Year (l00-1ear) Plood and aately paee1ng the probable maximum precipitation (PMP) flood; and VBBRBAS, woodward-Clevenger and Associates, Inc., Consulting Engineers and Oeologiata ot Denyer, Colorado, b&Ye heretotore euba1tted their "H1drologic & Engineering IDYeatigationa• dated 11&1 17, 1973, to the Urban Drainage and Plood Control District and ba•e concluded tbat the ex1at1ng Inglewood Dall, atter necessary rehabilitation, is adequate to paee tbe approximate one-hundred 1ear ayerage frequency recurrence flood; ROV, fiBRBPORB, BE I'l' ORDAINED BY '1'RE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, aa tollowe: Section 1. '!'bat the Joint 1nter-g0Yer1111ental agreements dated the da1 or July, 1973, bJ and between the C1tJ or Englewood, Colorado, a municipal corporation acting by and tbrougb lta 11&1or, and the Urban Drainage • Plood Control District, the County or Arapahoe, the CitJ ot Cherr, Hille Village, and the City or Greenwood Village, attached bereto and lnoorporated herein bJ th1• reterence, together with Exhibits "A", "B", •c•, and •o•, are hereb1 approved. The exhibits attached hereto are as follows: lxblbit •A•. •e.oonnaiaaance RJdrologic and Engineering Investigations tor Englewood Dam" bJ Woodward-Clevenger & Associates, Inc. lzblblt •B•. Tile Urban Drainage and Plood Control District Resolution Ro. 10, Series ot 1973 (Improvements and Ownership of Englewood Dam.) Bzblbit •c•. Dratt ot Agre•ent b.tween the Urban Drainage and Flood Control District and S.M.S., Inc., regarding transfer or ownership or Englewood Dam. Exhibit •D". lla1ntenance Aare•ent Englewood Dam. Said Agre ... nta generally provide the following: 1. Tile title to Englewood Dam shall be in the Urban Drainage and Flood Control Dlatrict. 2. Tbe p&Jllent ot aoats or improving the existing dam to meet the standards or the Colorado State Engineer shall not exceed One Million Dollars ($1,000,000) and the .azt ... coat to each ot the above contracting parties shall be as follows: a. State ot Colorado b. Urban Drainage • Plood Control District c. Arapahoe Count1 d. CberrJ Hilla Village e. CltJ ot Englewood t. Greenwood Village • 200,000 !I00,000 f0,000 20,000 300,000 10.000 $1,000,000 3. '1'be parties to the Maintenance Agreement (Exhibit "D") agree that, upon ccapletion ot the lllprovemente to the Englewood Dam and the assumption of ·~the ownership or tbe Dall bJ tbe District, tbey aball reimburse the District.for all costs of inspection, nece••&rJ .. 1ntenance and repair• as determined bJ the District. Section 2. All coats aball be prorated aa follows: Inglewood Arapahoe Count1 Cherr, Hilla Village Greenwood Village 751 171sl 51 21sl '!'bat tbe 11&1or ia herebJ authorized and directed to execute said agreements incor- porated bereln bJ tbi• reterence and that the Director or Finance, ex otticio City Clerk- !'reaaurer, •ball dul1 attest said execution. Introduced, read in tull and passed on first reading on the 2nd day or July, 1973. Publiabecl •• a Bill tor an Ordinance on the 5th day or July, 1973. Read bJ title and paaeed on tinal reading on the 16th day or July, 1973. Published bJ title as Ordinance No. 2-, Series or 1973, on the 19th day or July, 1973. ~~:;!~: J1&1or A'PIBST: I, Karl Rollenberger, do herebJ cert1t1 that the above and foregoing is a true, accurate and c011plete cop1 ot the Ordinance, passed on t1nal reading and publ~abed bJ title aa ordinance Ro. 2•, Serie• ot 1973. ~rlo~ ez otticio Cit1 Clerk I 11. ~- I II 'I AOREEMENT RBCIARDING IMPROVBMEN'l'S TO DGLEWOOD DAM !BIS AORBDUaft', ll&de this da1 ot , 1973, by and between !'BB URBAll DRAillAOB AJID PLOOD COll'l'ROL DISTRICT (hereinafter called "District"); the COUNTY di' iDPdtit (hire!iiitter caiiid *lrapiboe"); the CI'l'Y OP CHERRY HILLS VILLAGE (hereinafter ciiiid ~ Billa•). the CI'l'! Ofl DGLBVOOD (here!Ditter called ~EnglewoOd") and the CITY Ofl GRDllVOOD VILLACIS (bereiftitter caiiid 1 0reenwood"); 1frftlBSSB'1'B: VllEllBAS, District, Arapahoe, Cherry Hills, Englewood and Greenwood have previously 3o1ned together 1n a cooperative ettort to retain the engineering firm ot Woodward-Clevenger to detel'lllne the etabilitJ ot the Englewood Dam and the cost or improvements to the Dam so as to give it the capabilit1 ot storing the l00-1ear tlood and sately passing the Probable llumm Precipitation (PMP) tlood; and 1111BREAS, Woodward-Clevenger bas provided such determinations (a copy ot which is attached hereto aa Exhibit "A"); and VBBRBAS, bJ Resolution No. 10, Series ot 1973 Ca copy or which is attached hereto aa Bzbibit •a•), District'• Board at a Special Meeting called tor such purpose on May 23, 1973, baa detel'llined tbat it will accept a transfer or title to ownership or the Dam by the current owner under certain ter11a and conditions; ROif, TllBREPORB, 1n consideration ot the mutual promises contained herein, the parties agree aa tollowa: 1. OWnera~to Englewood Dam. Cherry Hills, Englewood and Greenwood agree that no one ot tbell lii4lvld 11 nor &DJ caa61Dation ot them collectively desire to take title to Bngl .. ood 1>811 but 1n the alternative desire the District to assume such ownership. District agrees, pursuant to ita Reaolution No. 10, Series ot 1973, to do so provided the other conditions ot this Agre ... nt are met, including the execution or an Agreement be,ween the current owner and District Ca dratt copy or which is attached hereto as Exhibit "C") and tbe completion ot the illprov .. ente. 2. •emnt ot Coat ot .rovements to Dam. The parties agree that the cost or illproving the ao aa to •eet e standards or the Colorado State Engineer shall not exceed tl,000,000.00 and that the maximum coat to each entity shall be as follows: a. State ot Colorado • 200,000 b. Orban Drainage and Flood Control District 400,000 c. Arapahoe Count1 70,000 d. c~ 8111• Village 20,000 e. Bnglewood 300.000 t. Greenwood Village 10 1 000 11,000,000 '1'be parties turtber agree that should the project costs be less than $1,000,000, ~ aav1nga shall be prorated •ong the parties hereto in proportion···to their payments. The parties turther agree that no p&JDlents can be made until 1974 and that all llllOUDta agreed to be paid mast have been paid to District betore District shall conmence tbe 111prov .. enta unless other arrang .. ents are approved by Dist~ict. !'be partiea further agree that District shall not take title to Englewood Dam until the illprov .. enta are COllJ)leted to the satiataction of a qualified Protessional Engineer and tbe Colorado State Engineer. 3. lla1ntenance. 'l'be parties agree that upon completion or the improvements to BngletlOOd o .. , iftd the aaauaptlon .. or ownership by District, that Arapahoe, Cherry Hills, Englewood and Greenwood aball reimburse District tor maintenance or the Dam in accordance wltb the tel'llll ot a •11aintenance Agreement" (a copy or which is attached hereto as Bxbibit •011 ) wbicb i• executed almultaneoualy with the execution or this Agreement and epec1tica11J llade a part hereor. mcu•tBD thi• __ day ot , 1973. 'l'RE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT By chilriiiiii AT!'a'l': ARAPAHOE COUNTY B1 _________________________________ _ A'ftlft: CHERRY HILLS VILLAGE A'ftlft: By __________________________________ ~ -·- I c •• •• I i 11 I 'I '· llAINTBHANCE AOREEMENT BNOLBWOOD DAM 1'11IS AORBlllBRT, llade and entered into this day or , 1973, bJ and uong tbe Cities or DOLBWOOD, CHERRY RILLS VILLAOE and GREENWOOD VILLAGE; ARAPABOB COUlfi'I (bereinarter referred to as "Local Oovernments") and the URBAN DRAINAGE Alll> 1'LOOD CORiROL DIS!'RIC'l' (hereinafter referred to as "District"); VI'l'IBSSB'l'll: VRBREAS, District baa undertaken with Local Oovernments to determine the stability ot Englewood Dea and the coat or 1Jlproving Englewood Dam so it will retain the 100-year atora but aatelJ pua tbe PllP; and VBBREAS, District and Local Oovernaents have agreed to a method tor tinancigg the coat ot illprov ... nta to Englewood Dam; and VllERBAS, District haa detel'llined that because or a rejection by each or the Local Ocwernaenta or &n7 COllbination thereof as to ownership or the Dam that District will accept a tranater or title to ownership or the Dam under ce~tain terms and conditions; NOV, !'RBRBIPORB, I'l' IS AOREBD AMONO 'l'HE PARTIES AS FOLLOWS: 1. District agrees to inspect or cause to be inspected (with representative of tbe Local Ooverrmenta), at least annually the Dam structure and to maintain or cause to be .. 1nta1ned aucb Dall structure in accordance with accepted practices and procedures, including tboae ot the Colorado State Engineer. 2. Local Oovernmenta agree to reimburse District tor euch costs, including any repairs deterained bJ District to be necessary to the Dam. 3. Local Governments agree to remit on or betore December 1st or each year promptly to District such coats, as certified to them by District on or before November 15th ot each 7ear, on the following pro-rated basis: Englewood ••••• • • • • • 751 Arapahoe County • • • • • • • 17~1 Cberrr Hilla Village • • • • 51 Oreenwood Village • • • • • • 2~1 •· Local Oovern11enta agree that reillburaement to District, as provided tor in Paragraphs 2 and 3 above, is a condition precedent to District accepting ownership of Englewood Dall trOll S.M.S. and tbat failure to so reimburse District as provided tor above aball entitle District to transfer or ownership or Englewood Dam to Local Oovernments. c~tt orBng1ewooc1 Arap&h0e coun~1 Cherri Hilla Village oreenw----oo<! TI.llage URBAN DRAINAOE AND PLOOD CONTROL DISTRICT BJ~~~~~~~~~~~~~~~~~~ AftBST: secretary -