Loading...
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 -l - 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 -2 - 0 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 -3 - ~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, -----------------· -City of En1lew ood ~ 1100 I, Ha!l'lp do j 11'1 ~ ! i City of Englewood l1tld 1ou.OOOI ' ·tt0'1 PLEA SA ..,.,,..~1.~1= "'' .... ~ li lf _--•1 c, _17.Jh _Slonlc uJ •~ S, 1 . -I :l, I • i-=,'-=:..;d l>:!:,b.:!=;~ ti.rt, i Y~-=~:~.--...1-' ,c,:c::•: ::~~~~½J:i ~:::: r,._ ·,. • • ~~-~; ~'_::::•.- ' Of:, j l . : cJ ,_~ ) i11UU H •\ -[iH ~i ~f§:=r:::.T., ...... ····· ~ ~ ·, l : uoo a ,1 ~ .... p.:-~ , 5 ~ ! ! fl a tt a ,1w ' \ • i ! ~ . ', -~ 8 ~ 1 • ~ -------~ = " • . ~ i C u 0 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.