HomeMy WebLinkAbout1990 Ordinance No. 014CJUlINANCE oo.J.d
SERIES OF 1990
BY Atm!ORITY
10 (c)
CWNCIL BILL 00, 20
INl'ROOOCID BY CWNCIL
MEMlER WIG.INS
AN CIUJINANCE APPRQI.IIN:; AN J\GREElolml' WIT!! WJ.J.E'i SANITATIOO DISTRICT
(~) WIT!! THE CITY OF ENGLEWJOD CXN:ERNIN. THE MAINl'EWINCE OF THE
SANITARY SDiER SYSTEM SERVING THE PLEASANT VIEl'I SUBDMSICN (PLEASANr
vml).
WHEREAS, a Connectors Agreerrent between the Valley Development
carpany and the City of Eng.ewood was signed on l\pril 18, 1955, ..tuch wu
later assigned to Valley, which provided treatzrent for the wast.,.,,ater
generated by Valley and transported to the Wastewater Treatm!nt Plant; and
WHEREAS, SUppleirent No. 10 to the Connectors Agreement was signed on
February 6, 1963, which allowed Pleasant Vi"" to be connected to the Valley
system, but not a part of the Valley system; and
l·IHEREAS, certain portions of the City are served through said
districts, but are not in said district ; and
WHEREAS , it is necessary to provide sewer service to said residents
of Engl~.
NCM, THEREFORE, BE IT ORDAINED BY THE CITY CXlUNCIL OF THE CITY OF
ENGI.nm0, COLCRl\00, THAT:
Section 1. 'ltte Agreement between the City of Engl~ and the
Valley Sanitation District agree that the following conditions will apply
to the operation and maintenance of the sewer lines within and relating to
Pleasant View :
A. 'ltte City of Englewood shall remain responsible for all
maintenance and rehabilitation o f the sewer lines within
Pleasant Vi"". 'ltte cos ts for such maintenance and
rehabilitation shall be in accordance wi th the City's adopted
policies.
B. 'nle City shall pay to Valley one dollar ($1.00) per m:inth per
connected property i n Pleasant Vi"" to for the maintenance of
Valley 's trunk line and the portion of the Valley collection
system that transports the wast.,.,,ater fr00t Pleasant Vi"" to
the Va lley trunk line .
C. 'nle Ci ty shall pay a pro-rated am:>unt for any rehabilitation
that occurs on the port i ons of the Valley system that
transport the wast.,.,,ater fr00t Pleasant Vi"" to the Valley
trunk line and on the Valley trunk line fr00t Union Avenue to
the Bi-City Wastewater Treatment Facility. 'ltte proration for
any line rehabi litatinn shall be based upon the nlriler of
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Pleasant View custaners utilizing the line divided by the
total mm:ier o f custaners using the line .
l. The proration for any line rehabilitation tc. the Valley
system that transports wastewater frcrn Pleasant View,
between M.H . 158.31.5 at Pimlico Drive and Irving Street
and M.H. 158 .3 at Federal Blvd. and Union Ave. shall be
based on the ratio of 78 Pleasant View lots to the total
110 Pleasant View and Valley lots which access this
line. The proration ia therefore 70. 91, Pleasant View and
29.1% Valley.
2. 'n1e proration for MY line rehabilitation to the Valley
system that transports wastewater frcrn Pleasant View,
between M.H. 158.3 at Federd Blvd. and Union Ave. and
M.H. 158 in Union Ave., west: of Decatur Street, "'1ich is
the connection to the Valley Trunkline Sewer, shall be
based on the ratio of 78 Pleasa"'lt View lots to the total
322 Pleasant View and Valley k ts which access this line.
The proration i s therefore 24 . 2% Pleasant View and 75. 8'/,
Valley.
3. The proration for any line rehabilitation to the Valley
Trunkline Sewer frcrn M.H. 158 in Union Avenue to the
Bi-City Wastewater Treatrrent Facility, shall be based on
the ration of 78 Pleasant View lots to the total
projected trunk line usage of 3,366 equivalent sewer C
taps . The proration is therefore 2.)'4 Pleasant View and
97. 7% Valley.
'n1e City shall have che authority to approve or disapprove all
such rehabilitation projects prior to any work being
initiated.
D. No fees or assessrrents for sanitary sewer maintenance or
rel--bilitation projects shall be made by Valley to the
p1operties within Pleasant View without prior authorization
frcrn the Engle,,ood Water and Sewer Board.
E. Valley has already ;;,erformed rehabilitation projects on the
portion of the Valley system that transports the wastewater
frcrn Pleasant View to the Valley trunk line. In particular,
that part of the system that has been rehabilitated is the 8
inch sewer main in Union Ave. frcrn M.H. 158.l, west of Decatur
Street, to M.H. 158.3 in Federal Blvd. Because the pro-rated
amount of this rehabilitation '°'rk is approximately $100 per
property in Pleasant View, and Valley has previously assessed
and collected t'°' (2) annual fees of $50 for rehabilitation
projects frcrn the property owners ..n Pleasant View, Valley
shall retain any funds previously collected frcrn these
assessrrents. The City of Englewood shall refund the annual
aasessrrents to the Pleasant View pre :,erty owners. Valley
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shall release all liens on properties in Pleasant View placed
for non-payrrent of the annual asseSSITl!!nts.
Section 2. '.!he Mayor and City Clerk are hereby authorized to sign and
attest,'respectively, the Agreenent retween the City of Englewood and the
Valley Sanitation District concerning Pleasant View SUbdivision for and on
behalf of City Council and the City of Englewood.
Introduced, read in full, and passed on first reac:ll ng on the 3rd of
April, 1990.
Published as a Bill for an Ordinance on the 5th day of April, 1990.
Read by title and passed on final reading on the 16th day of April,
1990.
Published by title as Ordinance No.JI/, Series of 1990, on the 19th
day of April, 1990. -
~/a#dwr atrca H. Crow, City Clerk
I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado,
hereby certify that the foregoing is a true corrt of the Ordinance passed on
final reading and published by title as Ordinance No~, Series of 1990.
~✓e ✓/~ Patr cia H. Crow
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~EMORAND UM OF UND ERSTANDING
This Memora nd um o f Und e rs ta nding, signed t hi s __ Day o f
____ , 19 90. be twe e n the City of Englewoo d ICityJ a nd the V1 ll 1y
Sanitation Di strict IVilleyJ, concerns the Eai n tenan c a of the
sanitary sewer system serving the Pl e ar ,n t Vie w Su bd ivisio n
I Pleasan t View I.
WHEREAS , a Connectors Agre emant bet ween the Valley Davelo~men t
Company and the City was signed o n April 18. 1955, wh i c h was later
assigned to Vall ey , wh ich provided t r eatment f o r th e was tewate r
generated by Vall ey and t ranspo rted to the Wast e water Treatmen t
Plant, and
WHEREAS , ~upple ment #10 to the Co nnectors Agreeme nt was s:g ned
on February 6 , 1963, wh ich all owed Plea sant View to be c o nnected t o
the Vall ey system, but not a pa rt o f the Valle y s ys tem ,
NOW THEREF ORE, the Cit y and Valley agre e that th e f o llowing
condition s wil l apply t o t he operat i o n and maintenan c e ~f the sewer
lines with i n and relat ing t o Pl easa nt Vi ew ,
1 . The Ci ty shall be rem ain res po nsible f o r all maintenance an d
reha bi lita t:o n of the sewe r lines within Pleasant View. The
costs f or such ma inte nan ce and rehabi lita tio n ~hal l be in
acc o r dance wi th the City 's ad opted po li c ies .
2. The City s h al l pay to Val l e·; o ne I 11 dollar ~er mon th per
conne c t ed pr o pert y in Pl9asant View to for the ma .Ln ten ance of
Vall ey 's t runk l!ne and the pcrti0n of the Va l l ey c0 !l~cti0n
system t hat tran sp0rts the wastewater fr o m Pleasant View t o the
Valley t r un k 11,1.
3 . T~e City s h~ll ~&~ a pr J-1 ·a :'=i ~ncu~t !~r a~y
rehabilit lt!o n th a t c•~~~:s on :h~ p0 rti o ns ~f t te VtllE Y sy~t e m
th~t t:-a nSJ'.·(•!"t -:111? W(:St~wt1t-::· :':·:~: ?!~:1 ::-:;-:r \'.~-:'h ~ :, -:11-: \':.l !-:-:·
trunk li n; and -:1 :1 ·:;,,'= \'alli:·_: tn.::~r. 1.!r.a: f :·,::-, ·:--:!-::-.. :'...':':'r."J': :(•
the 91 -C'ity i-:?.~t-=i,.:;.•_f:-r T!~at:i.~r ·. ~a-:1ll tr . :-:-:-: :.1.:-::.·:· .. ::r
a:,y l in~ r13habl:i':ct l0 r. E"hail bi: b;:s -:•:! •:·r. :r.'=' r,·..::·:. .. ;;~ •:•:
P!~asant V1-=w ,:;•1s-":i:•r.1?rs u:i!.i :.i ~1 \J th1:: l in -:: -.:;•.-:::-=--.i fy t~1-: t •:•t ;,l
number o f c~stc•me rs us!~c th e !~n a .
a . T~~ ~::rat !on !0 : any :!:1~ rehabil it~~.!:-~ ·n ~~s 1 ~11~y
syst em that t1an,ports wastiwate r fr o m Pleas~nt Vi ew,
between M.H. #59.Jl.5 a t Pimlicn Dri v e a nd Irv ing St r ee t
a n:i M.H. #58. 3 at Fed-:r al Blvd. a :1 d Un!.,:r Av>:. shel l bt:
bns+:d ,:n the :o :j -:, c-~ -:'fi ~i i:.::san t view 1::ts ": :.:1 '= •,::a: :·1 0
Pleas ant Vi ew &nd Valley lots whi ch access th s l i n~. The
p :.-r:i ro ti c.•n is ~l1e::-e:f ,:,r e 70.':1% Plea sant V!e-w a n 29. 1% Valle:y.
b. The proration for any line rehabilitat io n ta the V1l ley
systam that transports wastewater f rom Pleasa nt Vi e w,
between H.H . #58.J at Federal Bl vd . and Union Ave . and M.H.
#58 in Union Ave ., west of Decatur Street, which 1• the
connection to the Valley Trunkllne Eewer, shall be based on
the ratio of 78 Pleasant View lots to the total 32 2 Plea sa nt
View and Valley lots whi ch a c cess this line. The ~r ora tlo n
ls therefore 24.21 Pleasant VlGw and 75.81 Valley.
c . The proration for any line rehabllltatlon to the Va lley
Trunkllne Sewer fr om H.H. #58 in Uni o n Aven 1:e to th e Bl -City
Wastewater Treat,ent Facility, shall be based on the r atio
of 78 Pleasant View lots to the total projec t ed t ran ~ line
usa9e of 3,366 equivalent sewer taps. The proration is
therefore 2 .31 Pleasant View and 97.71 Valley .
The City shall have the authority to approv e or dlsappr av e all
such rehabilitation projects prior to any work beln9 initiated .
4. No fees or assessments for sanitary sewer maintenan ce or
rehabilitation projects shall be made by Valley t o th e
properties within Pleasant View without prior author i z•tion
from the En9lewood Water and Sewer Board .
5 . Valley has already performed rehabilitation pr ojects on the
portion of the Valley system that transport s the wsst~w ,~e r
from Pleasant View to the Valley trunk line . In part ic ul a r .
that part of the system that has been rehabilitated is the 3
inch sewer main in Union Ave . fr om H.H. #58 . I, west of De catur
St ., to H.H . #58 .3 in Federal Bl v d . Because the pr a -e,:ed
amount of this rehabilitation work is approximately $!00 per
property in Pleasant View, and Va lley has pr 6 Vio us l y a ssessed
and collected two 12) annual fees o f $50 f . .ehabil ita tio n
projects fr om the property owners in Pleasant View, Va l ley
shall retain any funds prev i o usly co llected from these
assessments . The Ci ty shall refun d the a nnua l as sessments ~c
the Pleasant View pro pert y owners . Valley shall r elea se a l l
liens o n pr opr c ties i n Pleas~nt Vi ew pla ced f o r no n -payne nt ~f
the annual asst~sments .
SJQ ned , Attest,
Valley Sanlt a t io n DJ s :rict J~te
Atte st,
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City of Englewood
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DATE
April 3, 1990
INITIATEP BY
STAFF SOURCE
ISSUE/ACTION PROPOSED
COUNCIL COIIIUNICATION
A&EIIIA ITEN
12 (c)
Water and Sewer Board
SUBJECT Pleasant View
Memorandum of
Understand 1 ng.
Stewart Fonda, Director of Ut 111 ti es
Council approval of the Memorandum of Understanding regarding the maintenance of the
sanitary sewer system serving the Pleasant View Subdivision.
PREVIOUS COUNCIL ACTION
STAFF ANALYSIS
BACKGR~lNl
The Pleasant View area of Englewood, a subdivision of 78 homes, is not within the
Valley Sanitation District, but it connects into the Valley system. The Valley
system carries the wastewater from Pleasant View to the Bi -City Pl ant. Because
Pleasant View is not within the Valley Sanitation District, the City maintains the
sewer system in the Pleasant View subdivision. Englewood collects fees from
Pleasant View residents for the maintenance activities and pays Valley for the use
of its transmission lines .
Several years ago Valley Sanitation began charging all of its customers an annual
fee of $50 for collection system rehabilitation . Although Pleasant View was outside
the district, residents were still billed because they used the Valley system .
However, since only a small portion of the Valley system is used by Pleasant View,
negotiations were initiated to rectify the situation. The attached Memorandum of
Understanding is the result of those negotiations .
FINANCIAL
ih• City currently collects •alntenance fees fr0111 Pleasant View residents (the same
uount as all residents within the Englewood sewer service area) and pays an annual
f11 to Valley for use of Its trans•lsslon lines. The money that Valley collected
froa the Pleasant View customers (Z years X $50 X 78 residents • $7,800) can be kept
by Valley as Englewood's portion of the rehabilitation of the sewer lines used by
Pleasant View. Englewood w111 repay this money to the Pleasant View residents from
the sewer fund.