HomeMy WebLinkAbout1988 Ordinance No. 033I
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ORDff'-,NCB NO. -'-"--
SERIES OF 1988 .
BY Al!l'HORITY
COUNCIL BILL NO. 36
1NIBODUCED BY COUNCIL
MEMBER KOZACEK
AN ORDINANCE APPROVI NG THE C~ AGREEMENT BE'IWEEN THE CITY OF ENGLEHX)[)
AND THE SANITATION DISTRICTS IT SERVES.
WHEREAS, the City of Eng l ~ owns and operates a sewage system jointly
with the City of Littleton; and
WHERE}I.S , Sanitation Districts desire to utilize the sewage treatment
f a cilities , and the City is willing to serve th~ Districts in such capacity
u.,1 cle r certain t erms and conditions ;
NCW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 'IHE CITY OF
~-o:)D, COLORADO, THAT:
Section 1. 'Ihe Connector's Agreement bet....een the City of Englewood and
the Sanitation Districts, a c opy of which is attached hereto and incorporated
herein by reference, is hereby approved.
Section 2. Hereafter , SUpplarents added to the Connector's Agreement
with various Sanitation Districts may be approved by City Council through
Resolution.
Section 3. The Mayor and City Clerk are authorized to sign and attest
the Connector's Agreement on behalf of City Council and the City of Englewood.
Introduced, read in full, and passed on first reading on the 17th day of
October, 1988.
Published as a Bill for an Ordinance on the 19th day of October, 1988.
Read by , : ''.le and passed on fir.al reading on the 7th day of Novent>er,
19 88.
Published by title as Ordinance No . . ~ ,3 , Series of 1988, on the 9th day
of Novent>er, 1988.
~L .~~~ SUsan Van , Mayo
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I, Patricia H. Crow, City Clerk for th•~ City of Englewood, Coloraoo,
hereby certify the above and fore<Jci nr,1 is a true copy of the Ordinance passed
on final reading and published by titl as Ordinance No. d ,-;, Series of 1988.
~/4 --1,,,,·,;, 1/J (~d,,r
Patricia H. Cr.ow
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CONNECTOR'S AGREEMENT
sewer Contract No. ___ _
THIS AGREEMI!rr, made and entered into this --==-=-=_day of
_, 1988 by and between the CITY OF =F.~N~G~LE-w_o_o_D_,_C_O~LO-RJ--oo, a municipal corporation, hereinafter
referred to as 11 c.ity,11 acting by and through its duly elected,
qualified and aut horized Mayor and City Clerk, and
, a corpo:,;-atlon -o_,f,....,t""h_e_s.,,...,..t_a..,.t_e_o_f=-c.-=--:,-=-1-o_r_a_,d,..o-,"""""h_e_r_e--.-l-n-a""'f"'"t_e_r_c-a""'1=-1=--e-=d--::"c::D'"'i,...s-e-tr ict, " acting
by and through its duly authorized Board of Directors
WITNESSETH
WHEREAS, th£ City owns and oparates a sewage system,
including a sewa~e treatment plant which is jointly owned and
operated with th~ City of Littleton, so situated physically as to
be able to receiv e and treat the sewage gathered by the Diat ~ict;
and
WHEREAS, it is the desire of the District to utilize the
facilities owned oy the City for the treatment of sewage and the
City is willing t:> serve the District for treatment of sewage
under certain corjitions;
NOW, THEREFCRE, IN CONSIDERATION of the promises and for
other good and valuable consideration hereinafter set forth, it
is mutually agreei by the parties as follows:
1. The City herE:>y agrees under the conditions hereinafter set
forth to trea: the sewage originating from District's
sanitary sewE r system within the area served by the District
as approved k y the City, as indicated in the descriptions
attached here:.o marked Exhibit A ..
District specifically agrees to prevent sewage from any area ,
other than thit described herein, from being discharged into
District's sa~itary sewage system connected to City's trunk
line and to J: ~event connections to the syste.,i from or in any
area other th 1n those described herein .
** See Footn~te on last page.
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~. I n t he opera1 ion of District's sanitary sewer system,
District agre es that all applicable Code provisions and rules
and r.egulati(ns of City, including amendments thereto during
thw term of he contract, shall be the minimum standards for
Distr ict's s ~stem. District further agrees to abide by all
app ~~Cable s ,ate and federal laws, rules, regulations, or
per"l'hit s, inc:uding those of the Environmental Protection
,Ag e n c y (the i PA) as they become effective or implemented or I
upon notice :rom the City. District shall inform all users,
contr actors .nd subcontractors of such standards, rules and
regul ations tpon inquiry from such persons, and shall not
.f""-lt'n ish any : nformation inconsistent therewith. In this
regard, it slall be the responsibility of the Distri ct to
obtain from 1 he appropriate governing body the applicable
requirements . The City shall attempt to maintain and provide
all ~equirem£nts to the District; however, City does not
guarantee th£ accuracy or completeness of government
regulations ether than the City's own regulations.
3. The City•a pErmitting requirements shall be followed by the
District and its users. All plans, specifications and
methods of wcrk within the District shall be submitted to the
City in writ:ng and approved by City prior to any
construction or tap in the District's approved area. No
permit shall be final and no service shall be provided to
property unt:l construction is approved in writir· by City.
4. District sha:1, at all times, properly maintain its sewer
system and stall rectify any problems or conditions which
have been det ermined by District or City to be detrimental to
City•• treatr.ent process. Should the City determine that any
discharge enters the sawer system contrary to governing laws,
ordinances, ~tatutes, rules, regulations or permits, District
agrees to prcceed at once to take whatever lawful means may
be necessary to rectify any such problem or condition.
5. City shall h a ve the right to allocate service under this
contract, anc City may deny additional service for any
utility-relat ed reason, but in no event will City terminate
any service "ithout cause. City shall have the right to
disconnect service to any area annexed by District when such
annexation tckes place without prior written City approval.
District sha:l provide City within one year of this
agreement, ar estimate of the number of equivalent service
taps needed 1 or the next five (5) years under current zoning
and planned ruildout in District's area. District shall I
monitor zonirq changes within its area to estimate its tap
requirements and provide Ci t-.y with notice of tap requl.rements
for the next five year period of time in a form satistactory
ta the City. Notice of these requirements shall be given
City on each anniversary date of this agreement.
6. City may impcse and collect reasonable fees, tolls and
charges, whic~ shall be uniform as to all outside-City users
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7.
e.
9.
for the aervi :es provided by the City under this Connector's
Agreement.
City shall bi .l District user directly for all applicable
City charges :or services rendered under this Agreement.
Should any us ,r not pay City, City shall bill District and
District shal ._ pay to City within 45 days of such billing the
amount due. ·:hP.se charges are subject to adjustment from
time to time ·,y City: when such charges are changed, City
shall give Di ;trict forty-five (45) days advance written
notice.
The term of t :da Agreement is for a period of three (3) years
from the date of execution and automatically renewed for six
(6) subsequen·.: three-(3)-year periods unless either party
gives a mininr.llll of six months written notice, during which
time District agrees that all effluent produced from taps
within Diatri ~t shall not be in violation of any federal,
state or City laws, rules or regulations, or any other
applicable go·,ernmental r gulationa or the permits under
which the Cit ' operates its sewage treatment system. City
agrees, durin r the term hereof, to treat said affluent and to
maintain adeq1ata facilities for treating of the same.
District agre 3& that it will maintain, at its own expense,
all of its li·1ea, or those lines now owned and operated by
District, it ~eing specifically agreed that City assumes no
reaponsibilit J should any of District's lines become clogged,
damaged, or r 3quire maintenance. District shall ma.i ntain
24-hour aervi ~e to remedy disruption in service. District
shall, if it ieems necessary, notify its users of District's
procedure to ~emedy service.
City is proviiing only sewage treatment service and, pursuant
thereto, perm Lta incidental use of City's sewage lines only
by this indiv Ldual contract with District and does not, by
this contract , offer treataent service except in strict
accordance wi-:h the terms hereof. Thia contract does not
offer, and shill not be constr.ued as offering, sewage
treatment aer-,ice to the public generally or to any area
outside the l Lmits of the District's service area herein
described .
10. This contract may not be assigned, sold or tra1,sferred by
District with,ut City's written consent.
11 . Should any feieral law, rule, permit or regulation or should
a decree or c ~der of a court render void or unenforceable any
provisions of this contrac t, in whol,a or in part, if
possible, the remainder shall be of full forc e and affect.
12. The District Jhall enforce this agreement and each of its
terms and con j itions within the area described in Exhibit "A." Dist ric ~ shall refuse to serve a user or potential
user, disconn ?ct the service of any user pursuant to
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appropriate l1w 1 or take other appropriate action in the
event of:
a. Nonpayme1t by such user of any charge made by City for
services ;
b.
c.
Any viol1tion or noncompliance by such user with the
terms of this agreement:
Violat .•.o 1 or noncompliance by such user with the laws,
rules, p 1rmits or regulations of the City, the United
States glVernment, including the EPA, the State of
Colorado . including the Department of Health, or other
law, rul -1, pii:1:1nit or regulation applicable.
d. Continuei breach of this Agreement by the District
and/or i :s users shall be considered cause for the City
to termi1ate this Agreement.
Should the Di ;trict fail to promptly rectify a breach of
those provisi>ns identified herein, after notice thereof,
City may take such ateps and do such work as it deems
necessary to ·mforce this agreement, including litigation and
specifically l right to injunction or specific performance
against the D.strict or any of its users as is necessary to
protect the c ·.ty•s system and operations. The prevailing
party sh~ll b ~ entitl«~<l to expenses and costs of suit,
including att ·>rney fe1 . 1. Should more than one District be
connected to ·1 sewer line, all Districts on the line shall be
jointly and s ,verally liable for any breach of this agreement
and eac, such District shall immediately, after notice,
rectify any p :oblem or condition detrimental to the treatment
process arisi1g within its legal boundaries. City shall not
be required t ·) prove which District is at fault but shall
make availabl c? to all such affected Dist::;_·icts all information
developed or 1ccumulated by City pertaini ng tu such breach.
Nothing conta .ned herein shall preclude a claim for indemnity
or contributi,n by any District against another District
connected to~ common sewer line. CRS-13-31-111.5 shall
govern the pe ~centage of liability of any District on a
common sewer ·. ine in the event the City seeks to impose
liability bas !d upon negligence or fault.
13. This contract shall not be used as a legal defense or
prohibition t> the mandatory consolidation of facilities by
either party 1s may be required by the laws of the State of
Colorado of a.l existing sewer collection systems and
facilities to a governmental entity created to assume
responsibilit : for se,.er service in the area in which both
City and stat ! are a part under statutoL-y or constitutional
authority as ·.1ay be the cast!.
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A'rrEST: CITY OF ENGLEWOOD, COLORADO
City Clerk Mayor
A'rrEST: "DISTRICT"
By _______________ _ By _______________ _
• • 1.-'ootnote ( see :;J age l)
Nothing in thi ■ p a ragraph shall apply to flows enterin9 the
outfall line util ·.zed by the District at any point on points
downstream from w 1ere the said outfall line leave~ the area of
the District.
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