HomeMy WebLinkAbout2008 Ordinance No. 039•
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ORDI A 'CE NO . 3'f
SE RI ES OF 2008 --
BY AUT HORITY
COUNCIL BILL NO . 25
INT RODU CED BY COUNC IL
MEMBER MOORE
AN ORDINANCE E ABLING THE CITY MANAG ER OR HIS DESIGNEE, TO
RENEW AND PAY THE CITY'S PORTION FOR AN INTERGOVERNMENTAL
AGREEMENT EN TITLED "THE SOUTH PLA TIE WATER RELATED ACTIVITIES
PR OG RAM, INC." (SPWRAP) FOR THREE ONE-YEAR INCREMENTS .
WHEREAS , in 1997 the gove rn ors of th e states of Co lorado, Nebraska and Wyoming
sign ed an agreement wi th th e Depan mcnt of Int erior 10 improve the habitat of
endangered species along the Platte Ri ve r and tribut aries: which agreement promi sed
pan icipation by the users of the Platte River in each state and the Federal government;
and
WHEREAS . one aspect of thi s agreement is a program ca lled "So uth Platte Water
Re lated Activities Program . Inc .'' (SPWRAP), a nonprofit pro~cam which was set up for
the purpose of coo rdinating effons to benefit the endangered species along the Platte
Ri ve r; and
WH EREAS , in exchange for panicipation in this program . water projects by the water
users will req uire re lative ly littl e effort for further comp li ance and will ha ve so me
predictability in rel ati on to co mpli anc e with the "Endan gered Species Act"; and
WH ERE AS. ea ch water user's ponion is detennined by the amount of water used in
the past five yea rs as that effec ts the ''Endangered Species Act": and
WHEREAS , the State's panicipation in the program comes with an annual
assessment for wa ter users which is adjusted annuall y depending on the amount of water
used on the previous five years ; and
WHEREAS. the Dcpanment of the Interi or is funding half of th e program, and
through the Corps of Engineers, iss ues 404 Pem1it s for users along the Platte River. these
pennits are mandat ory for cons lru ction , repairs or project s in or along lhc Pl atte River:
and
WHEREAS , the Englewood Ciiy Council authori zed th e City's panicipation in the
"S outh Pl att e Wat er Relat ed Acti viti es Program , In c." (S PWRAP ) fo r 2006 -2007 . wi th
the pa ssage of Reso lut ion No. 39 , Series of 2007: and
WHEREAS , the assessme nt for th e fir st year wa s $29.189 .52 , with an annual
assessment for l 3•years and Englew ood's 2008 assessed amount is $27.275 .04; and
\VHEREAS , 1h e fu 1urc assess ment nmounl s arc compulcd on trea ted water use and
the number ofpani cipants with the SPWRAP Program: and
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WI-IEREAS. th is Program is an on.go ing 13 -ycar program with 200 8 being the 2'111
year. Rc so lu1i on No. 39 . 200 7 apprm·ed and :uuh orizcd the first pa)111cn1: howe\'cr. the
pn ssnge of thi s Ordinance enables the Cit y ~tanag er or hi s dcsignee. tc be nblc 10 renew
and pay for thi s program in three. one.year in crcmen1 s: and
WHEREAS. the Englewood Water and Sewer Board recommended that City Council
enab le th e City Manager. or his dcsigncc . 10 be ab le to renew and pay Englewood's porti on
for the SPWRAP Program for three one-year increments at its Jun e 10. 2008 meeting ;
NOW. THEREFORE. BE IT ORDA INED BY THE CITY COUNC IL OF THE CITY OF
ENGLEWOOD. COLORADO . AS FOLLOWS :
Scctjon I. The Ci ty Council of Englewood. Co lorado hereby approves an d
authorizes the Ci ty Manager or his designec be able to renew and pa y for the Cily 's annu al
assessme nt for the "So uth Plane River Water Related Activities Program , Inc ." in thre e. one-
yea r increments .
Introduced . read in full. and passed on first reading on the 21st day of Jul y, 2008 .
Pub li shed as , Bi ll for an Ordinance in th e Ci ty's officia l newspaper on the 25~ day of
July, 2008.
Pub li shed as a Bill for an Ordina nce on the City's official website beginning on the 23"'
day of Jul y, 2008 for th iny (30) days .
Read by title and passed on fi nal reading on th e 4th day of Augu st. 2008.
Published by title in the City 's official newspaper as Ordinance No. !I/. Se ri es of
2008. on the 8th day of Augus t. 2008 .
I. Loucri shi a A. Ellis. Ci ty Clerk of the City of Englewood , Co lorado, hereby ce nify
that the above and fo rcgomg is a tru cJEf>Y of the Ordmance pa :11 final read111g and
publi shed by 1111c as Ordma nce No QJ.. Series of 2008 . { ~ e--/ • d rf
/; -~,:s V / Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date:
lt1 I\ 2 1, 2008
Initiated By:
Agenda It em:
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U tili!i es D ep.utm ent
Subje ct:
Plall e Ri \ r Pro gr,1m • End angere d Species Act
Stewa rt H . Fonda, D irec tor of U tilit ies
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved Englew ood's pa rti cip ati on in the Pl alle Rive r Pr ogram al th eir M arch 5, 2007
mee tin g.
RECOMMENDED ACTION
Th e W ater and Sewer Boa rd, al th ei r lune 10, 2008 m eeting, recomm ended Coun ci l ,1pp rova l of
En glewood's part icipati on in th e So uth Pl alle W ater Related Acti viti es Program.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Th e So uth Pl att e W ater Related Activiti es Program (S PWRAP ) was fo rm ed l o improve th e habitat of
th e fo ll owi ng endange red species -th e int er ior least tern , whoo pir~ g cra ne, pallid sturgeo n and th e
threat ened pip in g pl over. Th e So uth Pl au e W ater Related Acti viti ,,s Program (SPWRAP ) would
impr ove th e habil at, by providin g more wa ter in th e crit ica l area along th e Pl att e Ri ve r in N ebras ka.
Th e D epa rtm ent of th e Int eri or is fundin g half of th e program, and th ro ugh th e Corp s of Engineers.
iss ues 404 Permits fo r use rs along th e Pl alle River. Th ese permit s are mand atory fo r constructi on,
repa irs or projec ts in or along th e Pl alle Ri ver.
Thi s is th e seco nd yeu r of an ongoin g 13-ye ar program. Th e Wa ter Boa rd has reco mm ended th at
City Cot1n ii enabl e th e City Manag er, or his des ignee, l o b e abl e 10 renew and pa y fo r thi s
prog ran1 in th ree one-year in crement s.
FINANCIAL IMPACT
Engle\voo d's por ti on of th e 2007 asses sment for the program wa $2 9,189.52 , with ,111 unnu al
asses sment fo r 13-years. Fu lu re assessment amount s ar e co mput ed on lreatecl wa ler use and th e
number of pa rti ci pa nts w ith th e SPW RAP Program . The 2008 assess ed amo unt is $~7.275 .04 .
LIST OF ATTAC HM ENTS
So uth Pl atte Water Re lated Activiti es Program Assess m ent Invoice
M inutes fr o m th e lune I 0, 2008 Wa ter and Sewe r B0<1rd Meeting (reier to cop y i ncluded w ith 9 a i)
Res ults of the July 7, 2008 Wa ter and Se"er Board Ph o ne Vote (refer to copy incl uded w ith 9 a i )
Propose d Bill for an O rdinance
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• South Platte Water Related Activities Program, Inc .
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Municipal (Class M) Membership
2007 Reporting Form & Assessment Invoice
A. Instructions
B.
Please fill In this fOITTI induding membership Information , water use data , and the assessment as calculated . Send payment for your
SPWRAP annual assessment to the address listed at the bottom of this form .
Municipal Member Entity
Mailing Address
email Address
Phone Number
Submitted by
Title
City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110-2373
sfonda@englewoodgov .org
303-762-2636
Stewart H. Fonda
Director of Utilities
Treated Water U ■e (previous 5-year average (2002-2006)
Dale
Note : A membe<'s water use for purposes of defining the nu,ooer of slngle-fanlly equivalent taps for SPWRAP is defined as
·any treated water deiverles , om soon:es of waler owned by the member •
(A) (B) (C) (D)= A+ B+C
Treated Water
Year Production at Additions' Subtractions • Total Treated
Member's Plant 1 Water Ute
/acre-feeO (acre-feet\ (acre-feet\ (acre-feet)
2003 8,184 8,184
2004 7,344 7,344
2005 7,921 7,921
2006 8,020 8,020
2007 6413 6,413
37,882 .00
5-Year Average Adjusted Water Ute ' 7,576.40
' The IWIIOUnl of treated water produced at yoor entity's water treatment facility (W any).
' Add any treated -that Is owned by yoor entity but treated by another entity.
' Subtract any water traalad at yoor facility but not owned by your entity.
• Equals the StJm divided by the number of ye«1 reported .
C. Calculation of Single Family Equivalents, Membership Units and Annual AHessment
1. Previous 5-year average (2001 -2005) Treated Water Use (acre-feet) 7,576.40
2. Use per S. F. Account (acre-feeVSFE) t 0.5
3. Single Family Equivalents (No . 1 / No . 2) 15,152,8(
4. SPWRAP Member Units per SFE t 6
5. Total SPWRAP Membership Units (No . 3 X No . 4) 90,916.Bt
6. 2006/2007 SPWRAP AssessmenVUnit t 0.3l
7. 2006/2007SPWRAP Annual Assessment (No . 5 X No . 6) $27,275.04
t Numbers 2, 4, & 6 above are fixed for all members in 2007
D. Payment of Alae11ment
Payment of the annual assessment will provide membership In SPWRAP and coverage under tha Platte
River Recovery Implementation Program through the calendar year 2007 .
Please make checks payable to 'SPWRAP" and send to the following address :
SPWRAP
% Northern Colol'ado Water Con88rvancy District
220 Water Avenue
Berthoud, Col~do 80513
Note : This reporting fDlln may be mllised In the fufum to rtffect Informs/ion needed to ccmply w#h Prllgram requil8menls. E.nllf/es
electing lo Join affer 2007 rriJ/ be reqund lo /J8Y file assessment for the yur they Joki the program. In addiUorl fhe new member
IIKISt /J8Y essa-nfs for BIi prior years o/'the Program, plJs 4" i11emsl, COO¥JOOllded annually.
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