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HomeMy WebLinkAbout2003 Ordinance No. 026• • • BY AUTHORI TY CONTRACT. NO, 17-2t:,o"3 10 b II ORDINANCE NO. & SERIES OF 2003 COUNC IL L,LL NO 21 INTRODU CE D BY COUNCIL lvlEMBER GARRETT AN ORDINANCE APPROVING SUPPLEMENT # 155 TO THE SOUTHGATE SANITATION DISTRI CT CONNECTOR'S AGREEMENT FOR THE INCLU SION OF LAND WITHIN THE DISTRI CT BOUNDARIES . WHEREAS, South gate Sanitation District has n·commended the inclusion of 2.43 acres, representing the Sou th 1/2 of Tract 123 , Clark Colony Number 3, numbered 6767 East Orchard Road in Greenwood Village, for inclusion into th e Southgat e Sanitation Di strict ; and WHEREAS , this area is within the area the City considers to be the area it has com.mined to se rve ; and WHEREAS , adequate capacity has been provided in the treatment plant to accommodate these future inclusions ; and and WHERE AS, tne pre se nt and future use of th is property is for a religious facility ; \!\", WHEREAS, sa id annexation ofthis'addftional parc el of land will not increase the tap allocation to the Southgate Sanitation Di strict; and WHEREAS , the Englewood Water and Sewer Board recomm ended approval of Supplement No . I 55 to the Southgate Sanitation Di strict at its March 11 , 2003 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TH E CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: Section I. The A gre emenl betwe en the City of Eng lewood and Southgate Sanitation District entit lel1 "Sup plement No. ) 55 , 10 Co nn ec tor 's Agreement", whi ch includes 2.43 acres located at ~ 167 West Orchard Road in Greenwood Village, is hereby acce pted and apvoved by the Englewood City Counc il . A copy of said Agreement is att ac hed hereto as "Exhibit I" an d incorporated herein by reference . Section 2. Th e Mayor and City Clerk are hereby authorized to si 11n and attest, respec ti ve ly, th,, said Agreement for and on behalf of the City Co uncil and the City of Englewood , Co lorado . Introd uced, read in full , and passe d on first reading on the 17~ day of March , 2003 . -1· Published as a Bill for an Ordinance on the 21 • day March, 2003 . Read by title and passed on final reading on the 7"' day of April, 2003 . Published by title as Ordinance No .&, Series of 2003, on the I 1• day of April , 2003 . I, Loucrishia A. Ellis, City Clerk of the City ofEnglewood, Colorado, hereby cenify that the above and foregoing is a true CPJl/4 of the Ordinance passed on final reading and '"'" .... ,, ... -, .. ..e,__,..,.~k,l ~ Loucrishia A. Ellis -2- • • • • • • SU PPLEMENT NO . .!_;i_'i" TO CONN ECTOR'S AGREEMENT TH IS AGREEMENT, made and entered mt o oy and between the CITY OF ENGLEWOO D . ac:1ng by ana through ,1s duly authonzed Mave r and City Cle1k hereinafter cart ed the "City ," an d SOUTi-tGATE SANITATION DIS TRICT, Araoah oe and Do ug las Countt es Colorar1 o , herein after calleo the "District." WITNESSETH: WHEREAS . on the 20 th day of June 1961 , the Ci ty and the O1s1nct entered into an Agreeme nt m which the Ci ty agreed to treat sewage ong1natmg from the Distncl's sanitary sewer system within the area served by the Oistnct. 'Nh1ch Agreement was most recently renewed by Connector's AgreemP.n l dr1 1ed November 16 , 19R8 , and WHEREAS . said Connector s Agreerr.e nt provides tha t th e d istrict may not enlarge its service area w,thout the wntten consent of th e C ity. NOW, THEREFORE . 1n con s1derat1on of the mutual covenants and undertakings herein set forth . the part ies agree as follows. The City hereby consents to the inclusion of certain additional area located in Arapahoe County . Col orado. owned by Greenwood Village Congregation of Jehovah's Witnesses and more fully descnbed on Exh1b11 A attached hereto and iri corr r·ated herein by reference . into Southgat e Sarntat io n District The City agrees that .,..,,,,: .:;<Yonat area may be ser1ed with the sewer facilities of the 01s1r1ct. and thal lhe City ,, •• , 1 •· 1.1 e se wage discharged into the Cily's trunk line from said additional area . all 1n 1.-• ._ .·rdan t.e w11h the Co nnecto r's Agreement dated November 16 . 1988 . Accordingly , !:.r-.·i 1b1t A refer red lo in Pa ra graoh 1 of the Connector's Ag reem ent dated November 16 . 198 8. 1s hereby amended to incl ude such additional area . 2. Each and every othe r prov1 s1on of the sa1d Co nnector's Agreement dated November 16. 1988. shall rema in unchanged . IN WITNESS WHEREOF , the oanies have set lheir hands and sea ls this _day of __ . 200_ ATT EST CITY CLERK (SE.~L ) A TT~ST J;.--.... -' --~·-' SE CR ET ARY (SE.>LJ CITY OF ENGLEWOOD By ---------- MA YOR SOUTHGATE SAN ITAT ION DIST RICT. ARAP AHOE AND DOUGLAS COUNTIES. COLORADO E:<fiI BI1' l • • • EXHIBIT A The South 1/2 of Tract 123 , Clark Colony No . 3, in Section 17, Township 5 South , Range 67 West. County of Arapahoe , State of Colorado • COUNC IL COMMUNICATION Dale A •enda Item Subject 1\ larch I i , ~003 I Q ,1 II Southgate Supplement # 155 STAFF SOURCE INITIATED BY U tilit ies D epa rtm en t Stewa rt H . Fond a, Direc tor of U 11liti es COUNC IL GOAL AND PREVIO US COUNCIL ACT IO N None. RECOMMENDED ACT ION Th e Water and Sewe r Bo ard, at th eir March I I , W03 meeting, reco mmend ed Council approval o f a Bi ll fo r an Ordinance approvin g Sou th gat e Supplement # t 55. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Th e Ci ty of Englewood provides sewage treatment 10 a population of about 70,000 people o utside the City thr ough con trac ts with numerous co nnector districts . Th e area is defined by th e natural drainage and ex tends sou th and eas t from Broadway to th e Va ll ey Highway and from Hampden l o Lincoln Ave. excluding Highlands Ranch. By contra ct th e City of Englew ood must approve any additions of land to be served by th e districts. These are usua ll y in -fill situati o ns that are w ith in w hat the City considers to be th e area it has co mmitted to serve. Adequate capacity has been provided in th e tr ea tment plan t to acco mmoda te all suc h future inclusions . Annexa tion of this parcel of land w ill not increase th e tap all ocat ion of th e Sou th gate Sanitation Distri ct. A request was mad e by the So uth ga te Sa nit ati on Dis tri ct represe nting the owne r, Gr eenwo od Village Cong rega ti on o f Jehovah 's Witnesses, fo r inclusion into th e Sou thgat e Sa nitation District. Supplemen t # 15 5 is for th e so uth ½ o f Trac t 12 3, Cla rk Colo ny Number 3 fo r an area th at is 2.43 acres . The lo t is prese ntly and w ill co ntinu e to be used io r a church. The lega l is attached as Exhibit A. The property is loca ted north o i Orchard , west oi Mona co and eas t o f Colorado Bl vd. in G ree nwood Vi ll age. Th e add ress is 6 767 E. Orchard Rd. FIN ANCIAL IMP ACT 1'\Jo ne. LIST OF ATTAC HME NTS Bill fo r O rdinan ce So uthga te Sani tauon D1 s tn ct Suppleme nt # 155