HomeMy WebLinkAbout1983 Ordinance No. 036OftDINANCE NO . 36
SERIES OF 198-3 --
BY AUTHORITY
COUNCIL BILL NO. 32
INTRODUCED BY CO UNCIL
MEMBER HIGDAY
AN ORDI NANCE APPROVING A CCffi'RACT FOR MUNICIPAL SERVICES TO PERMIT
OTHER GOVERNMENTAL ENTITIES 10 USE Tii~ SEWAGE TRE:A'fMEN'f PU\N T OF TiiE
CITY OF ENGLEJnOOD.
WHEREA.5 , the City of Englewood maintains a sewage treatment
plant; a nd
WHEREAS, the City of Englewood has s uffi cient capac ity t o
avail othe r governmental e nt ities of thP. se rvices of the plant; and
WHEREAS, by contracting with other gove rruren ta l entitie s, the
cost of operation will be r educed t o the c iti zen s of Englewood .
NCW , 'T'HEREFORE , BE IT ORDA INED BY THE CITY COUNCI L OF THE CITY
OF ENG LEWOOU, COLORAOO:
Section 1. '!he City Counci l of the City of Eng l e wo od approves the
fo rm of contract hereaf t er appearing a nd a uthorizes the Mayor and
Ci ty Clerk to sign for and on behalf of the City Council of the Ci ty
of Englewood and author i zes t he City of Englewood to enter into said
contract with those governmental agencies desirous of usirg the
City 's sewage treatment p l a nt.
COO NECTOR ' S AGREEMENT
Se wer Contract No.
TH IS AGREEMENT , made and ente r ed into thi s _____ day
of _____ , 19 ___ by and between the CITY OF ENGLEWOOD , COLORAOO,
a rrun ic ipal co rpor ation , he reinaf ter refer red t o as "City", acting by
and thro ugh its d uly elected, qualified and authorized Mayo r and City
Clerk , a nd
corporation of the State of Colorado, he reinafte r called "District",
ac ting by and tnrough its duly a u thorized and
WIWESSETH
WHEREAS , t he Cl ty owns and operates a sewage t r eatm ent plant,
toge the r with a sewag e syste m, so s ituated physically as to be able to
r eceive and trea t the sewage ga ther ed by t he Dist rict; and
WHEREAS , it i s the desi r e of the Di s trict to utilize the
facilities owned by the City for the treatment o f sewage a nd t he City
is willi ng to serve the District for treatment of sewage und e r ce r tain
conditions;
NCW , TiiEREFORE , IN COOSIDERATIOO of the promi ses and for othe r
good a nd valuable conside ration hereinafter set fo r th, it is mutually
ag r eed by t he parties as follows:
l. Th e City here by ag r ees under the conditions hereinafter set
forth t o treat the sewage or i ginating from District 's sanitar y sewe r
system within the a rea served by t h e lli stric t as appr oveo by the City ,
as ind i cat ed in the desc riptio11s attached hereto ma rked Exhibit A.
Distr ict specifically ag r ees t o [':event sewage f r om any a r e a , o the r
than that described he r e i n , from being discharged i nt o Di strict 's
san i t a r y sewag e system conn ected to City 's trunk l ine a nd t o prevent
connecti ons to t he s ystem f rom o r in any area othe r t ha n those
desc ribed herein .
2. In t he ope ration of District's sanitary sewer system ,
Distri r t ag r ees that all appl i cable Code p r ovisions and rules and
r eg ul ations of City , inc luding amendments the r e t o duri ng t he term of
the contract , shall be the minimum s t a ndar ds fo r Di stri c • 's s ystem .
Di s trict fu rther ag rees t o abide by all applicable s t a t e and f ede r a l
l aws , rules , regulat i ons , o r pe rmit s , inc lud i ng those of the
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Environmental Protection Agency (the ~PA) as t hey become effective o r
implemented or upon notice f r om the City . Distric t s hall have the
responsi bi lity fo r ensuring that all users , contract o rs, and
s ubcontrac to,s are fully informed of , and com ply with , all applicable
rules , r eg ula tions, and standar ds. It shall be the responsibility of
the District to obt ai n from the appropriate governing bod y the
applicabl e requirements. The City shall ;ittempt to maintain and
provide all requirements t o the District; however, Ci ty does not
guarantee the accuracy o r completeness of gov.:'rnme nt regulations othe r
than the City 's own reg11 !ations a
3 . The Ci ty 's pe r mitting requirements shall be follcwed by the
District and its users. All plans, spec ifications, and methods of
work within t he District s hall be subnitted to the City in writing and
approved by City pri o r to any construction or t a p i n the Di strict 's
app roved a r ea . No perm it s ha ll be final and no sen ice sha ll be
pr ovided to prope rty until cons truction is approved '~ writing by
City .
4. District shall, at all t i mes , pr ope r ly maintain its s ewer
·;stem and s hall rec ti fy any probl ems o r conditions which have been
n-,termined by Di strict or City to be de tr ime ntal t o City's t reatment
process. Should the City determine that any discha rge ente r s the
sewe r system contrary to gove rning laws , o rdinances , statutes, rules,
r egulations , or perm its , District ag r ees to proceed a t once t o do
whatever is necess ary to rectify such cond i t i on .
5. City shall have the right to allocat e se r vice unde r thi s
contract, and City may deny addit i onal service provided , howeve r, that
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in no event will City terminate service without cause, City shall
have the right to disconnect se rvice to any area annexed by District
when such annexation takes place without prior written City approval.
District shall provide City, within one year of this
agreement , an estimate of the number of equivalent service taps needed
for the next fi ve (5) years under current zo ning and planned bu ildout
in Dis trict 's area . Distric t shall 100nitor zoning changes within i ts
a rea t o estimate its tap requirements and provide Ci ty with notice of
tap requirements for the next five-year period of time in a fo r m
satisfactory to the City . Notice of these requireme nts shall be given
Cl ty on each anniversary date of thi s ag r eement ,
6 . District agrees to pay to City those fe es and charges ,
incl uding tap fees, user fees , and such other fees , cha rges , and
asse~sments as are approved by the City Council. Ci ty shall bill
Dis tr ict user direct for a ll Ci ty charges and tr,ose District charges
upon l1l.ltua l agreement of City and District. Should user not pay City ,
City shall bill District and District s hall pay to City within forty-
five (45) days of billing the arount due . 'lhese cha rges are subject
t o adjustment from time to time by City; when such charges are
changed , City shall give Dist ric t forty-(ive (45) days ' writt en
notice .
7 . '!he te rm of th is Agreement is for a peri«l of three (3)
ye ars from the date of e xec ution , d uri ng which t i me 'Jist , l et ag rees
that all e ffluent produc ed from taps within District stiall not be in
violation of any federal, s tate o r City laws , rules or regul ations , or
any other appl. :able gove r nmental regulations o r the pE'.mits under
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wh ich the City opera t es i t s s ewage t reatmen t s ystem. Ci t y agrees,
d uring the t e rm hereof , to t r eat sai d ef fluent and to mai ntain
adequa t e f ac il i t i e s fo r t r eati ng o f the same .
a. Dist r ict ag r ees t ha t i t will maintai n, a1 . its own e xpense,
al:. o f i t s lines , or those lines now owned and ope r a t ed by Distric t,
i t bei ng s pec it\cally ag r eed t hat City assumes no res ponsibi lity
should any of District 's lines become clogged , damaged, or r equ ire
ma intenance . Dihtrict shall maintain 24-hour ser vice to r emedy
disruption ir. ser vi ce. Dist r ict s hall , if it deems necessa r y , notify
itf users of Di strict 1 s procedure to remedy se rvice .
9 . City i s providing only sewage t r eatment servi ce and ,
p..1 rsuant theret o , pe rmiL.:: inc i dental use of Ci ty 's sewage lines and
un ly by this individual con t r act with District and does mt , by thi s
co ntract, offer t reatment service except in strict accordance wi th the
t e r m.s hereo f. 'll1is contract does not offer , and s hall not be
const rued as o f fe ring , sewage t r eatment se rv ice t o the pu bl ic
genera ly or to ~ny Jrea outs ide the l imi ts of the District 's s e r v i ce
area he re i n desc ri b :d .
10 . This cont r act may 11ot be assigned , sold , o r transfe r r ed by
District wi t hout City 's w:i t ten ccnsen t.
11. Should any fede r al law, rule , pe rmit o r r egulation o r any
st:ate law , rule , pe rmit , or r~ulation , o r should a dec ree o r orde r o f
a court render void or unenfo r ceabl e any prov i sions of t hi s cont r act ,
iii wh o l e o r in part , if po ssibl e , the remainde r shal l r,e of full force
and e:fect.
12 . The District shall enforce this agreement and each of its
terms and conditions within the area described in Exhibit "A".
District s hall refuse to serve a user or potential use r, di sconnect
the service of any use r pursuant to appropriate law, or take other
appropri ate action in the event of:
a. nonpayment of any charge made by City for services ;
b . any v iolation o r noncompliance with the terms of this
agreement ;
c . violation o r noncompliance wi t h the laws , rules , permits
or regulations of the City , the United States go vern-
ment , including the EPA , the St a t e of Colorado ,
including the Depa r tment of Health, or other law, rule ,
pe rmit, o r regulation applicable .
Should the Di ~tric t fai l to promp tly rect i fy a breach of those
provis i ons identified he r e in, after not i ce thereof , City may take s uch
~ceps and do such work as it deems necessary to enforce th i s agree-
me nt, i ncLd ing litigation and specif ically a r i ght to injunction or
specific perfo rmance agai nst the District or any of its users as is
necessary to pr otect the Ci t y 's system and ope r at i ons . The pr evailing
party shall be entitled to expenses ahd cost s of suit , including
attorney fees . Sho uld mor e than one Distr ict be connected t o a sewer
line , all Districts on the line shall be jointly and severally liabl~
for any breach of this ag reement and shall immediately, after no tice ,
rectify any problem or condition det r !mental to the treatment process .
Ci ty shall not be required t o orove which District is at fa'llt but
shall make available to all s uch a ffected Di s tricts all information
developed o r accU1'1ulnted by City pe rtain ing to s uc h breach .
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13. This contract s hall not be us ed as a legal defense or
prohibition t o the mandatory consolidation of facilit ies by either
party as may be required by the laws of the State of Colorado of all
existing sewe r collection systems and facilities t o a governmenta l
en tity c r eated to assume r esponsibility for sewer se rvice in the a r ea
in wh i ch both Ci ty and Di strict is a part under statutory c,r
co nsti tutional a uthor ity as may be the case .
ATTEST:
Gary R. Hi gbee , Ci ty c l e r k
ATTEST :
CITY OF ENG LEWOOD, CCf..ORAOO
By--,;:-:-::-:-=-.-----=;-::---,;:::-:::'.:--Eugene L. Oti s , Mayo r
'DISTRICT "
By _________ _
Introduced , r ead in full, and passed on t irs t readiny on the
18t h day o f July , 1983.
1983 .
Published as a Bi 11 for an Ordinance on the 20 th day of July ,
Read by title and passed on f i nal r eading on the 1st day o f
Aug us t, 1983 .
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Published by title as Ordinance No. 36 , Se ries of 1983, on the 3rd day of August , 1983 . -
/s / Eu gen e L. Otis
Attest: Eugene L. Ot i s , Mayer
/s / Gary R. Hi gbee
ex offic io City Clerk-Treasurer
I, Gary R. Higbee, e x officio City Clerk-'rreasurer of the City
of Englewood, Colo rado , hereby certify that the above and foregoing
is a true , accurate and complete copy of the Ordinance fG Ssed on
final reading and published by title as Ord inance No . 6 , Series of 1983 . --
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/s / Gary R. Hi g b ee
Gary R. Hi gbee