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Home My WebLink About2003 Ordinance No. 045• • • ORDINANCE :-JO . « SERIES OF 2003 BY AUTHORITY CONTRACJ: NO. s:?J-..:lco3 10 bi COUNCIL BILL 36 INTRO DUCED BY COUNC IL MEMBER GARRETT AN ORDINANCE AU TH ORIZI NG A RENEWAL AG REEMENT BETWEEN CEN TENN IAL WATER AN D SANITATION DISTRICT AND TH E CIT Y OF ENGLEWOOD. COLORADO . EN TIT LE D "AGREE MEN T FOR TEMPORARY LE ASE AND /OR RE -DI VER SI ON OF REU SABLE RETURN FLOWS OF WATE R". WHEREAS , Englewood injects granular ac ti vated carbon to improve water qunlity into a forebay near Uni on Ave . and South Platte Rive r, but the process create s blackened wat<r tha t cannot be di rec tl y introduced into th e City Ditc h for exchanging; and WHEREAS . clear water can be exchanged up city ditch but must be pumped into the City Ditch from a fore bay adj acen t 10 the All en Filter Plant ; and WHEREAS . Eng le wood has no pump or pipe for pum ping this fo rebay . but Cen tenni al is agre eing 10 pro vide and install the pump and pipe at Ce nt ennial 's so le expen se ; and WHEREAS , Centennial Water and Sanitation Di strict ow ns reusable wastewa ter re turn nows 10 the South Pl atte River, and the Ci ty of Eng lewood ha s me ans to re-divert th ese now s at Union Avenue and either use them or redeliver them to Centennial : and WHEREAS , the Agreement au thorize s diversio n of the return nows and payment to Ce ntenni al 585 .00 an ac re foo t for the nows , plus pumpin g costs; and WHEREAS , Centennial would acquire all return nows delivered 10 Mclellan Rese rvoir that are not acqui red by Englewood and shall pay Englewood S30 .00 an ac re foot , plus pumping cos ts: and WHEREAS . the Englewood Water an d Sewer Board recommended approval of renewing the Agreeme nt for Temporary Lease And/Or Re -divers io n of Reu sa ble Return Flows of Wate r berween Cen tenn ia l Water and Sanitation Di strict and the City of Englewood at its May 13, 2003 meeting . NOW , THEREFORE , BE IT ORDAINED BY TH E CITY COUNCIL OF THE CITY OF ENGLEWOOD . CO LORADO . AS FOLLOWS : Section I . The Englew ood City Co uncil hereby approves the Agreement betwee n the City of Englewood and Ce ntenn ia l Water and Sanitation Di stric t emitted "Agreeme nt for Tempo rary Lease and/o r Re-Diversion of Reusab le Return Flows of Water•·. A co py of sai d Agreemen t. marked "Ex hibit A", is attac hed hereto and incorporated herein b} re ference . Sectio n 2. The Mayor and City Clerk are hereb y auth orized to sign and attest the said Agreeme nt for and on behalf of the City Co un ci l of the City of Englewood . Introduced , read in full . and passed on first reading on the 19~ day of May, 2003. Published as a Bill for an Ordinance on the 30th day of May , 2003 . Read by title and passed on final reading on the 16th day of June, 2003 . Published by title as Ordinance No . K , Series of 2003, on the 20 th day of June , 2003. I, Loucrishia A. Ellis , City Clerk for the City ofEnglewood, Colorado, hereby certify that the above and foregoinJ}!, a true copy of the Ordinance pass on final reading and published by title as Ordinance No . n_, Series of 2003 . ... • • • • I. AGREEMENT FOR TEMPORARY LEASE AND/OR RE-DIVERSION OF REUSABLE RETURN FLOWS OF WATER introduction: Panie s and Purpo ses. Centennial Water and Sanitation District (Ce ntennial) owns reusable return flows to the South Platte Ri ver which consist of Centennial ' s reusable water discharged by Centennial' s Marcy Gulch wastewater treatment plant (the return flows). The City of Englewood (Englewood) has a means to re-diven the return flow s at Union Avenue, and either retain them for use by Englewood or redeliver same to Centennial. The panies intend that Engl ewood shall attempt 10 divert the return flows , under the circumstances set fonh below, and pay Centennial for the return flows if same are retained by Engle wood: and that Centennial wil[ pay Englewood for re-directing the return flows , if same are redelivered to Centennial. It is anticipated that Englewood wilf attempt to divert the return flows at its Union Avenue pump station , and either use same immediately in its Allen Treatment Plant , or exchange same up City Ditch to Mclellan re servoir, in Englewood's discretion . Therefore , the panics have agreed as follows. 2. Centennial to Give Notice of Availabilitv; Englewood Response . Centennial will advise Englewood, on a daily basis, of 'he amount of available return flows at Englewood's Union Avenue pump station. Englewood will advise Centennial, on a daily basis, of available return flows Englewood will not be diverting. 3. Englewood to Attempt to Diven . Englewood will make reasonable effons to lawfully divert the return flows at its Union A venue pump station . Englewood shall have no obligation to divert : a) if di version would impair the necessary quality of water introduced into Englewood 's water treatment plant or introduced into City Ditch for exchange, as determined in Englewood 's sole discretion ; b) except to the extent that Englewood determines to use the return flows immediately in its Allen Treatment Plant, plus the exchange capacity in City Ditch; c) to the extent that the capacity in Englewood's pumping system after supplying Englewood's demand ;s less than all of the available return flows . Englewood shall have no obligation to use the return flows immediately in its Allen Treatment Plant. While Englew ood shall make reasonable efforts to divert the return flows, the parties recognize that various factors may make diversion impractical , and Englewood shall have no liability to Centennial for failure 10 diven . Englewood wil[ account for return flows <livened at its Union Avenue pump station. 4. Englewood 10 Exchange U;, City Ditch . Englewood will make reasonable effons to exchange the diverted return flows up City Ditch • and into Mclellan Reservoir, via the pump station from City Ditch 10 Mclellan Reservoir . 5. Englewo od 's Option to Acqu ire Return Flow s Delivered 10 Mclellan Reservoir . Engle wood will acco unt for the re1um flow s delivered by exchange to Mclellan Re servo ir . Engl ewood wil l ha ve the o ption to acquire 1he relum fl e ws delivered 10 Mclellan Re servoir (and Englew oo d wi ll acquire any re1um flows used imrnedia1 :J) ·n tnglew~od 's Allen Treatment Plant). Within four da ys after 1he end of each week (ending Sat•, day at midnigh1 ) Englewood will notify Cemennial if it wis hes to acq uire all of lhe return flow s deli vered 10 Mclellan during lhat week. Englewood will pa y Centennial $85 per acre foot for al' . the return flow s which it acquires, and pay the pumping costs associ ated with those retu r., fl ,J \\ Return flow s so ac quired by Englewood shall be treated as Englewood's water for all purpnY.s . 1nJ. may be used by Englewood or deli ve red to Centennial under any agreement be1ween Eng . .-wood and Centennial.. Return flows delivered to Mclellan as to whi ch Englewood does not give such notice shall belong to Centennial. 6. Centennial's Pavmenl for Return Flows Acq uired bv Centennial . Centennial shall ac quire all return flow s delivered to Mclel t,,n ·:es, .·,.,ir that are not acquired by Englewood . Centennial shall pay Englewood $30 per acre ,vn ,;' r<:J.,~·n ,9ows acquired by Centennial. pl us all pumping costs associated with delivery of thos~ ,,tum flows to Mclellon Reservoir. 7. Temporarv Pumping Facilities from the Forebav Reservoir Next to the Allen. Treatment Plant. Engle wood currently injects granular activated carbon (GAC) intJ the forebay adjacent to the South Platte River. from which Englewood's Union Avenue pumpin,; station pumps water to the Allen Trea(ment Plant fa ci litie s. (The GAC is injected because c,f the curra nt severe quality problems in the South Platte Ri ,er.) The water co ntaining the GAC is blackened in color and therefore cannot be dire ctly in troduced into City Ditch for exchange purposes . Therefore , a substitute SU!)ply of clear water to be exchanged up City Ditch must be pumped into City Ditch from a foreba y reservoir adjacent to the Allen Treaanent Plant (not to be confuse d with the forebay at the river). (Pumping of this sub stitute supply will be unnecessary if the GAC injection at the river forebay should cease.) Englewood has no pump and pipe to accomplish the pumping of this substitute supply from the forebay reservoir. Centennial will prov ide and install such a pump and pipe, and hook it up to a power source , at Centenn ial's sole expense . Englewood and Centennial will cooperate in detenmining the location . nature and installation of the pump and pipe . At the end of this agre ement . Centennial will remove the pump . pipe and power hookup at Centennial's so le expense , unle ss the partie s otherwise agree . Centennial will restore an y excavation or alteratic•1 of the forebay and surroundin g areas, at Ce ntennial 's so le expense . 8. Pump ing Costs. Englew ood will reason ~bly detenmine pumping cost s. which are to include power . other operation costs, and maintenan ce . 2 • • • • 9 . Tennination . Either Englewood or Centennial may terminate this agreer.ient afte-5 days written notice to the other party. If not so tenninated , th is agreement will tenninate at the sr ••,uercf October 3 I , 2003 , or the cessation of flows in City Ditch below the Allen Treatment Plan t ,•i1id1ever sooner occurs , unle ss the parties otherwise agree . 10 . Payment. Englewood will account for deliveries . Englewood will pay Ce r:!e·•r.ial for rell•'Tl flows acquired by Englewood within 30 days after the end cf the month during which particular deliveries were made to Englewood . Centennial will pay Englewood within 30 days after the end of the month during which particular deliveries were made to Centennial. 11. State Engineer. Centennial will be responsible for any ne cessary notice to the State Engineer's office , assuring the Stace Engineer 's office that its return flows are indeed reusable and divertible by Englewood, and reporting to the State Engineer's office , in cooperation with Englewood, 12 . Date . This agreement is dated as of the ___ da; of _____ ~ 2003. CITY OF ENGLEWOOD By ______________ _ CENTENNIAL WATER N-ID SANITATION DISTRICT • • • Date ,v tay 19. ~003 INITIATED BY COUNCIL COMMUNICATION Age nda It em !O a, Subject Cen tenni al Ag reeme nt fo r Tempo ra ry Lease oi Re turn Flows U tiliti es D epa rtm ent I STAFF SOURCE Stewart H. Fo nda, Direc to r o i U tiliti es COUNCIL GOAL AND PREVIOUS COUN CIL ACTION Co uncil passed the original Ce ntennial Ag ree ment for T<:mpo ra ry Lease o f Return Flows on Jul y 1, 2002. Thi s ag ree ment is a renewa l agreement. RECOMMENDrn ACTION Th e En glewood W ater and Sewe r Board , at th e'r May I 3, 2003 mee tin g, recomm ended Co un ci l approval of th e Agree ment for Tempora,y Lease and/o r Re-Di ve rsi o n of Reusabl e Return Flows of Water Agreement w ith Centennial Water and Sani tation District BACKGROUND, ANALYS IS, AND ALTI:P.NATIVES IDENTIFIED En glewood inj ec ts granular acti v~:cd carb on to imp rove wat er qua lity int o a foreba y near Uni on Ave. and S. Platte Ri ve r. but th e proces, creates blackened wat er th at cannot be direc tl y introduced into Ci ty Ditch fo r exc hanging. Clea r water ca n be exchanged up City Ditch but must be pumped into the ditch fro m a fo reb ay adj ac ent to th e Allen Plant. Englewood has no pump o r pipe for pumping th is forebay, but Ce ntennial is agreeing to prov id e and install th e pump and pipe at Ce ntennial's so l e expense . Ce ntennial owns reusabl e wa st ewa ter return nows to th e S. Pla tte River and En glew o o d has means to re- di ve rt th ese fl ows at U ni on Avenu e and ei th er us e th em or redeliver to Ce ntenn ial. Th e proposed agree ment would divert th e return nows and pay Centennial S8 5.00 an ac re-foot fo r th e now s, plu s pum p in g cost s. Ce ntenn ial would acquire all return nov,s de li vered to M c l ell an Res ervoir that are no t ac qu i red by Engl ewood and shall pay Engl ewood $JO/acre fo ot. plu s pumping co sts. FINANCIAL IMP ACT En glewood w ill pay Ce ntennial $8 5 per acr e foo t fo r all return nows in ac quires from Ce ntennial and Ce ntennial shall pay Englewood $30 per ac re ioot fo r return no ws acqui red by Centennial fr o m Mclellan Reservoir . LIS T OF ATTACHMENTS B II fo r O rdi, .• oce