HomeMy WebLinkAbout1984 Ordinance No. 017I
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ORDINANCE 00 , l 7
SERIES OF 198_3 __
BY AtJr HORl'l'Y
CXJUNCIL BILL 00, 13
IN'l'ROIJUCED BY ClXJNCI L
MEMBER NEAL
/\N ORDINANCE A\JIHORJ ZING FIRS'!' A'1ENDMlliT 'JO 11=rnmr BE'JWEEN '!'H E
CITIES OF LI 'f'l'LE'fON p_'IIJ ENGLEWOOD , CXJLORAOO , FOR JOIN'!' WASTEl,l\TER
TREA™ENT FAC ILITIES 'l"O JOIN'l'LY OPERATE TiiE JOIN'l'-USE WAST!lYATER
TREATMENT FACll,ITY ,
WHEREAS , the City of Englewood and the Ci ty of Littleton are
hane rule ci ti es operating unde r cha rte r s pursua nt to Articl e XX of
the Co nst itution of the State of Co lorado ; a nd
WHEREAS , the powe r t o contract with each other is with in the
scope of the basi c powers of both cities and within the specific
provisions of C.R,S , 29-1-201 e t seq .; and
WHEREAS , consider able pla nning and negotiations , involving
the appropr iate r e presentatives of each city have resulted i n a
proposed contract t o jointly opera te the Joi nt-Use 1.as t e wa t e r
Treatment Facility ; and
WHEREAS , both parties have come to a mutual ag r eenent ;tiich
i s titled "First P,mendment to Agreenent lletween the Ci t i es of
Li ttleton a nd El1gl e .ood , Color ado , for Joint Wastewater Treatment
E'aci titi es ;11
OOW , THEREFORE , BE IT ORDAINED BY 1H E C ITY COONCIL OF THE
C '.TY OF ENG LEl<CXlD , CXJLORAOO , AS FOLLOWS:
5-.'Ct ion 1. Tha t the City of Engl e wood sha ll contract with the
City of Little ton , Colorado , accor d ing to the provis ions of the
wri tten in s trunent captioned "Fi rs t Pinendment to Agreement Between
the Citi es of Li ttleton and Englewood , Colorado , for Joint
WasteHater Tr ea tment Facilities ," Mlich ag reem ent i s attached
he r e to , consisting of four (4) typewritten pages , and incorporated
by refer ence .
SecLion 2 . The Mayor of the City of Engl e wood is hereby au thor-
Tzedaiid-directed to execute the instrunent incorpor ated by
re t e re nce in Section 1 , ar,d the ex officio Ci ty Clerk-Treasu rer
sha ll duly ~ttest sa id execution .
Introduced , r ead in full , amended , anj ;,a ssed on first r ead ing
as amended on the 2nd day of April , 1984 .
Published as a Bill for an Ordinance on the 4th day of April ,
1984.
Read in full , amended and passed as am'-"lCled on the 16th day
of Apri 1 , 1984.
Published in full as amended on the 25th day of Apr i 1 , 1984.
Read by title and passed on final r eading on the 7th day of
May , 1984.
Published by title as ordinance No . 17 , series of 1984, on
the 9th day of May , 1984 .
l\tte st :
/s l f,ary ;_R;_ . ..;H:..:i.::ac::bc::ec=------
~OITicTo City Clerk-Tre2surer
_/_~.L ~!:!.2illL1..:.._QtiL__
Eugene L. Otis , Mayor
I , Gary R. Higbee, ex 0fficio City Clerk-Treasurer of the Ci ty
o f El"lgle..ood , Color ado , hereby cer tify that the above and foregoing
i s a t rue, accur ate and complete copy of the Ordinance passed on
final reading and published by title as u,dinance No . 11 , Series
o f 1984 . ---
__j_,y_Gary R,__!i~--
Ga ry R. Hi gbee
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FIRST /\MENDMENr TO
AGREEl-lENr BE'IWEEN 'l1-I E CITIES OF
LITTLETON AND ENGLOICXJD, COLORAOO ,
FOR JOINT WASfOIATER TREATMENr FACILITIES
AGREEl-lENr made this clay o f ______ , 1984 by and
bet ween the CITY OF LITTLETON , COLORAOO , here ina fte r referred t o as
"Little ton ", and the CITY OE' Et-KiLEWOOD , COLORAOO , hereina fte r
re ferred to as "Eng l e wood .11
WHEREAS , on the 6th da y of Decanber , 1982 , Littleton and
Engl i?\o,CXJC] (hereinafter col l ect ively referred to as th e "Cities")
e nte r e<: in to an ag r e em ent o f owne rship and operat ion of the Bi-City
Wa stewat<:?r Treatm ent Pla nt ; and
WHEhEAS, the Cities , by prev iou.s ag reenent , are joint owners
of the Jl')i 11 t-Use Was tewater Treatment Plant , each owning and
entitled to fifty percent (50 %) of its oper ati ng c apac ity of
app rox imate ly 20 million gallons per day (MCD) with Little ton
ent itled to ap proximatel y 10 MCD a nd Engle""""1 being entitl ed to
approxim ate ly 10 MCD ; and
WHE REAS , Engle """"1 is the sole owner of tr Engle """"1 waste-
wate r Tr eatment Pla nt, including all re l ated f aci lities and
assoc iated proper ty ; a nd
WHEREAS , it is anti c ipate<] by the Ci ties that , in the futur e ,
t he property owned by Engle""""1 a nd used for E>Jrposes of the
Engle""""1 wastewa t e r Tr ea tment Plant will be necessary to acc armo-
date plann ed expansions of the Joint-Use Wastewater Treatment
Plant ; and
WHE REAS , the Cities desire to fornally provide for utiliza-
tion of the property associat ed with the Engle""""1 was t e wate r
Tr eatment Pla nt for future use as an e xpansion site fo r the Joi nt
Use Wa stewater Trea tment Pla nt ; and
WHEREAS , Englewood , upon the completion of cer ta in mcxli fica -
t10ns to the Engle wocxl wastewa t e r Treatment Plant wi l l rea li ze a
significant increase in trea tment capac ity beyond that \Ji ich it
presently needs ; and
wl!E REAS , Littleton has determ ined that i t needs additional
tre atment capac ity in the Joi nt -Use was tewater Trea tment Pla nt in
order to ser ve its needs a nd those of part i e s \Jiich it ha s con-
tracted with fo r wastewater treatment ; and
WHEREAS , Englewood desires to lease addit i ona l capac ity to
Littleton ;
NOW , 1l!EREE'ORE , IN aJNS ID ERAT I ON o f the mutual promises and
covena nts he rei na fte r -:ecited , the pa r t i es ag ree :
1. Engl e i.ood shdll and he r eby does l ease to Little ton trea t-
ment capacity in the facilit i e s carmonly known as the Join t-Use
Wastewater Tr eatment Plant equ i val e nt to on e-eighth (l/8 ) of the
t r eatmen t capaci ty of the Eng l ei.ood waste wate r Treatment Plant ,
based upon the present capacity of said plant a nd i ncluding any
i nc reases i n capa city of sa i d p l a nt lo!li ch may occ ur from the
1983/84 expansi on (expans i on fr om 5 MCD to be t wee n 8 and 10 MCD
t ota l), a nd fu rthe r ag r ees that t he proper t y associated with the
Eng le.ood wastewater Trea tment Plant and desc ribed on Ex hi bi t A
attached here to and inco rpora t ed here in by this r e f e re nce , shall be
available to Littleton in conjunction wi th Englei.ood , for use as a n
e xpansion site for the Joi nt Use Wast ewa t e r Tr eatment Plant , and
that the right fo r said use , i nc l uding the r i ght to est a blish
i mprovanents of a pe rm ane nt na t ure on said proper ty , shall oot
requ ire a ny furthe r pa yment by Little ton to Engl e wood .
2 . In an y future expansion of the Engle.ood ,ias t e wa t e r
Trea tment Plant , Li t tleton sha ll have the right to pay for and
r ecei ve one-eighth (l /8) o ( said e xpansion or s uch other increased
amo unt in excess ol the one-eighth (l/8) as the parties may ag ree .
3 . 1'1e l ease of capacity to Li ttleton as described in
Parag raph l above shall carmence at such time as the current ex pan-
sion of the EllcJlewood Wastewate r Tr e atment Pl a nt is comp l e t ed and
said pl a nt , incl ud ing said expansion , is on line and opera t i ng .
The lease sha ll teL1ninate a t such time as the Eng l ewood wastewate r
Treatment Pl a nt is shut do wn due to t.'1e need to expand the Joi nt-
Use was t e wa ter Tr eatmen t Plant facil ities onto land presently
occupied br the Englewood wastewater Tr eatment Plant .
4 . In conside r ation o[ the l ease o[ capac i ty a nd for the
right to use the property described i n Ex hi b it A, a ll as described
in Parag r aph 1 above , Li t tle ton s ha ll pay Engl ewood s ums desc ribed
in A and B below acco rding to t he terms there in std ed :
A. The sum of Fi ve Hund r ed seventy-eig ht Tho us and
Dollars ($578 ,000), which i s one-half (1 /2) o( the curr e n t
appraised va l ue of the property described in Exhi bi t A. Said
amount shall be paid within thi r ty (30 ) days of the date the
construct ion contract for the expansion of the Englei.ood
Wastewater Tr eatment Pl ant is executed by Englewood .
B. i\ sum equal t o one-third (1 /3) of the cost of the
exp:msion of th e Engle \<KXXl wastewatt?t Trea tment Plant ,
i nclu:1ing all des ign , inspection and const roction costs
associated with saiu expansion. Sa i d sum ,ha ll be pai,: to
Eng l ewood in such periodic amounts as nece~sary based on
progress billings as Eng l e wood shall incUl , with Little ton
paymenL a n amount equal to one-t:.oiru (1/3) o( each such
progress paymen t within thirty (30) days o( reci>irt 0( a
request for such payment f rom Englewood .
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5 . The real property described in Exhibit l\ is necessary for
present use and fu ture expansion of the Joint-Use wastewater
Treatment Plant , and it is the inte n t of this agreenen t that the
property will always be used for wa s tewater trea tment P.Jrposes for
the be nef i t of both cities .
6. This agreement sha ll be conside red as a n addition to the
agreement between the Ci ties dated December 6 , 1982 , reg arding
ownership and operation of t he Joint-U se wastewater Tr eatment Plant
and , e xcept as provided he r e in , said Dscember 6 , 198 2 ag reement
shall rem d n in full force and e ffect .
7 . '1'1is agreement shall be recorded in the real estate
reco rds of the County of Arapahoe, State of. Co l orado , upon execu-
ti on of both parties.
CITY OF ENGLB'1COD, CXJLORl\00
ATTEST :
ex o ff[ClOCi t y Cler k-Trea sure r Eugene L. Oti s , Mayor
By_
App roved as to Form:
C1 ty Attorne y
CITY OF LIT'rLETON , CXJLORl\00
ATT EST:
By __
App roved as to Fom :
city Attorney
EXHIBIT 11 A11
That part of the F-ast 1/2 of the NE 1/4 of Section 33 ,
Township 4 South , Range 68 West of the 6th P .~ .• , County of
llrapahoe , State of Colorado, more part icular ly described as
follows :
BEG INNING at the ~ corner of the &,I 1/4 NE 1/4 NE 1/4 of
Section 33 ; thence South 0 degrees 07' East , 987 .20 f eet a long the
Wes t line of the E 1/2 NE 1/4 ; thence South 89 degrees 53 '37 " East ,
622 . 84 feet along the South line of the N 1/2 N 1/2 SE 1/4 NE 1/4 ;
thence Nor th o degrees 07 ' west , 342 . 88 feet a long a line parallel
to and 25 feet F-ast of the west bounda ry of a tract of land
desc ribed i n Book 1271 at page 138 of l\rapahoe County Records to a
poi nt 15 feet North o f the South line of the S 1/2 of the &,I 1/4
NE 1/4 NE 1/4 ; thence South 89 degrees 53 '37 " F-asL , 37 .16 feet
pa r a lle l to said south line to a poi nt on the F-ast line of said
S 1/2 ; thence North 0 degrees 07 ' West , 114 .02 feet a long the F-ast
line to the NE corner of said S 1/2 ; thence North 89 degrees 52 'U2"
west , 352 .00 feet along North line of said S 1/2; thence North
0 degrees 07 ' West , 330 .00 fee t along a line parallel to a nd 308
f eet from the west line of the E 1/2 of the NE 1/4 ; thence North 89
degrees 52 '02 " west , 308 .00 fee t to the 1.-0int of Beginning.
EXCEPT the following str ip of land :
A strip 20 fe,at wide {N-5) and 266 f eet long {E -W) in the
Southwe st corner of the S 1/2 &,I 1/4 NE 1/4 NE l /4 of said Section
33, as recorded in Book 97 4 at page 337 of l\rapahoe County Record s .
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