HomeMy WebLinkAbout2006 Ordinance No. 047•
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ORDINANCE NO . !I!)_
SERIES OF 2006
BY AUTIIORITY
.CONTRAc:r NO, Io.{~ J. GCb 9 b ii
COUNCll. Bll.L NO. 49
INTRODUCEDBYCOUNCll.
MEMBER WOODWARD
AN ORDINANCE APPROVING SUPPLEMENT NO. 37 TO THE sourn ARAPAHOE
SANITATION DISTRICT CONNECTOR 'S AGREEMENT FOR THE INCLUSION OF
LAND WITHIN THE DISTRICT BOUNDARIES .
WHEREAS , South Arapahoe Sanitation District recommends the inclusion of
approximately 1.8133 acres into the District; and
WHEREAS, said · clusion is located at 1894 East Orchard Road, Centennial, Colorado
80121; and
WHEREAS, the roning of this property in Centennial is Single Family Residential and
it is proposed that the supplement property be combined with :wo adjoining parcels and
related 10 an I I-lot residential subdivision; and
WHEREAS , two taps exist and nine additional taps will be purchased; and
WHEREAS , said annexation of this parcel of land will not increase the tap allocation 10
th e South Arapahoe Sani1a1ion District; and
WHEREAS, the Englewood Water and Sewer Board recommended approval of this
Agreement al ils November 14, 2006 mecling ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
~-The Agreement between the City of Englewood and South Arapahoe
Sanitation District entitled "Supplement No . 37, to CoMector's Agreemenl", consiscing of
a Iola! of 1.8133 acres localed at 1894 Ease Orehard Road in Cencennial , is hereby accepled
and approved by the Englewood City Council. A copy of said Agreemenl is attached
hereto as "Exhibit I" and incorporaled herein by reference.
~-The Mayor and City Clerk are hereby auchorized lo sign and anesc,
respectively, the said Agreement for and on behalf of the City Council and the Cicy of
Englewood, Co lorado.
lnlroduced, read in full, and passed on fine reading on the 20~ day of November, 2006 .
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Published u a Bill for an Ordinance on the 24• day of November, 2006 .
Read by title and puled on final readina on the 4th day of December, 2006 .
Published by title u Ordinance No . il, Series of 2006, on the s• day of December,
2006.
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I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Co: ,rado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed final reading and
published by title as Ordinance No. ':tl , Series of 2006.
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SUPPLEMENT NO. Ij___ TO CONNECTOR'S AGREEMENT
THIS SUPPLE!hENT is entered into, effective September 18, 2006, by and between the
CITY OF ENGLEWOOD, acting by and through its duly authorized Mayor and City
Clerk, hereinafter called the "CITY," and SOUTH ARAPAHOE SANITATION
DISTRICT, Arapahoe County, Colorado, hereinafter called the "DISTRICT," to
supplement and amend the Connectors Agreem en t between the parties hereto dated
October I 7, 1988.
RECITALS
A. The District has included a parcel of residential-zoned property owned by
Mills Ford and more fully described in the Order of Inclusion attached hereto as Exhibit
A and incorporated herein by reference .
B. The said prop e1ty lies within the Di strict's service area as de ftned in the
Connector 's Agreement with the City dated October 17, 1988 . The lo cation of the
included property is shown on the Inclusion Map set forth on Exhibit B, hereto, a;i d tl1e
revised District Key Map for the vicinity of the included property, set fo1th on Exhibit C
hereto.
C. The City has sufficient treatment capacity in the Littleton-Englewood
Wastewater Treatment Plant to treat the wastewater disch arge d from such property .
NOW, THEREFORE, in consideration of the mutual covenants an d
unde1takings herein set forth, the parties agree as follow s:
I . The City hereby consents to the inclusion of the property described in the
Order o flnclusion attached hereto as Exhibit A into South Arapahoe Sanitation District.
The City agrees that said property may be served with the sewer facilities of the District,
and that the City will treat the sewage di scharged into the City's hunk line from the
District, all in accordance with the Connector's Agreement dated October 17, 1988 .
Accordingly, it is expressly agreed that Exhibit A referred to in Paragraph I of the
. Connector's Agreement dated October 17, 1988, includes the property described in
Exhibit A hereto .
2. Each and every other provision of the said Connector's Agreement dated
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October 17, 1988, shall re: 1ain unchanged .
IN WITNESS WHEREOF, the parties have set their hands with IUl effective
date as first above written.
CITY OF ENGLEWOOD
MAYOR: Olga Wolo syn
ATTEST:
CITY CLERK
SOUTH ARAPAHOE SANITATION DISTRICT
ARAPAHOE COUNTY, COLORADO
ATTEST :
~u~ ECRETARY: Paul Schwarzw eller -·
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--··-·-ARAPAHOE COUNTY DISTRICT COURT
7325 South Potomac Street 18th Judicial OiSlnc/
Centennial , CO 80112 FILED
In Th~ n i.,1i:;lfln
303-649-6355 COPY IN RE THE ORGANIZATION OF SOUTH JUL 1 8 2006
ARAPAHOE SANITATION DISTRICT,
ARAPAHOE COUNTY, COLORADO
Darryl L. Farrington, Reg . No . 7?.70
Semple Miller Mooney & Farrington , PC Civil Action No . 12761
1120 Lincoln Street, Suite 1308
Arw11ahoe C.®nl~ Cl..-~ l R.,,\:orJ,r, N1111r.11 A. Denver, CO 80203
Telephone 303-595-0941 n~,;,, ., ,,~~~!gtion ": B610/JJz, r
Pugtt nM:ord,J:2 .. : ill.OD
Fax 303-861 -9608 0111 A1t 11"·J.d: //261,21106 12:l1:11 Pt1
I 111111111111111111111 111111111111111 111111111 dfarrinalon®smmoc.com
ORDER OF INCLUSION
THIS MATTER was heard upon the Motion of the Board of Directors of the South
Arapahoe Sanitation for an Order including within th e boundaries of the District the real
property (the Property) described as follows :
Part of the NW 1/4 of the NE 1/4 of Section 23, Township 5 South,
Range 68 West of the 6th P . M., described as follows :
Beginning on the North line of said Section, 202 .2 feel West as
measured along said line from the Northeast corne r of said NW 1/4 of
the NE 1/4; Thence West along said North line, a distance of 100 feel ;
Thence South parallel with the East line of ~aid NW 1/4 of the NE 1/4,
about 823 feet to the Northerly'bank of the Highline Canal ; Thence in a
general Eas·terly direction, along said North bank, to an point which is
202.2 feet Wes!t;rly by rectangular measurement from the Eas ! ,line of
said NW 1/4 of the NE 1/4; Thence North on a straight line , to the place
of beg in ning except the North 40 feet of above described tract
conveyed lo Arapahoe County by Deed recorded in Book 1618 al Page
461, County of Arapahoe, Stale of Colorado .
Mo re commonly known as: 1894 East Orchard Road, Centennial,
Colorado 80121.
The Court has considered the said Motion and the Board's resululion (Order Granting
Inclusion) filed therewith , and based thereupon,
THE COURT FINDS as follows:
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1. The owner of 100% of the Property filed a petition· for inclusion that in form
and content met the requirements of Section 32-1-401 (1), C.R.S.
2 . Pursuant to said statute, notice of receipt of the Petition and of the ploce,
time , anc: date of the public meeting of the Board when such pet ••'·•. would be hea,d
was duly published in a newspaper of general circulation within .. ,-apahoe County ,
Colorado , as required by law .
3 . The Board held a public hearing on the petitic 1 at a public meeting of the
Board .
4 . On June 19 , 2006, the Board granted the petition and dllly adopted a
resolution (Order Granting Inclusion) which is in all respecls proper and incompliance
with statutory requirements .
NOW, THEREFORE , IT IS ORDERED that, subject lo the terms and cond itions
of the aforesaid resolution (Order Granting Inclusion) attached hereto as Exhibit A and
incorporated herein by this reference , the Property is hereby included within the South
Arapahoe Sanitation District, Arapahoe County, Colorado .
DONE this / f day of a U I y , 2006 .
BY THE COURT :
Angela R. Arkin
District Court Judge
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11,-MOV!ng Party II ~by Ordtr-.d lo provide 1
00p)' of 1h11 order lo ,N part111 of :tconf wtthw,
11w (6) dl)'I ~om -~ of lh~ Ollltr and FIia • =:.~ or CompH1nca within 11w 161 daya
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GR EENWOO D
VILL AGE
INCLUSION, 1896 E. ORCHARD <FROD PROPERT Y)
DATE, JULY 26, 2006
SASD NO ., 37
RECEPTION NO ., B6107603
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EXHIBIT '-
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SAN I PT10N DISTRIC T
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COUNCIL COMMUNICATION
Date:
November 20, 2006
Initiated By:
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Agenda Item :
9 a i
Utilities Department
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Subject:
South Arapahoe Sanitation District Supplement #37
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Staff Source:
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
N/A
RECOMMENDED ACTION
The Englewood Water and Sewer Board, at their November 14, 2006 'Tleeting, recommended
Council approve a Bill for an Ordinance approving Supplement #3 7 o the South Arapahoe
Sanitation Cistrict Supplement #37 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood provides sewage treatment outside of the City of Englewood through
contracts with numerous connector districts. By contract, the City of Englewood must approve any
additions of land to be served by the districts . These are usually in-fill situations that are within what
the City considers to be the area it has committed to serve. Adequate capacity has been provided
in the treatment plant to accommodate all such future inclusions . Annexation of this parcel of land
will not increase the tap ailocation of the South Arap ahoe Sanitation District.
A request was made by the South Arapahoe Sanitation District representing the owner, Ford
Investment Corporation, Mills Ford, President for inclusion of Supplement #37 consisting of a parcel
totaling 1.8133 acres into the South Arapahoe Sanitation District. It is proposed that the
supplement property be combined with two adjoining parcels and replatted to an 11-lot residential
subdivision. Two taps exist and 9 additional taps will be purchased.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Bill for an Ordinance