HomeMy WebLinkAbout2004 Ordinance No. 035•
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ORD INANCE NO . 3J;'
SER IES OF 2004 --
BY AUTHOR IT Y
COUNC IL BILL NO . 30
INTRODUCED BY OUNC IL
MEMBER BRAD SHAW
AN ORD INANCE SUBM ITT ING TO A VOTE OF THE REGISTERED ELECTORS
OF THE CIT Y OF ENGLEWOOD A BALLOT QUEST ION AT TH E NEXT
SC HEDULED MUN ICIP AL ELECT ION TO SELL OR TRANSFE R PROPERTY
OWNED BY THE ENGLEWOOD WATER AND SEWER UT ILITI ES TO THE
CITIES OF E 'GLEWOO D AND LI TTLETON FOR USE BY THE
LITTLETON /ENGLEWOO D WASTEWATER TREATMENT PLANT .
WHEREAS, Section I 8(2)(a) and (b) of Art icle XIV of th e Co lorado Co nstituti on
and Sec ti on 29-1-201, C.R .S., pennit and encourage govern ment s to enter into
co nt rac ts to make 1h c mos t effective use of th ei r reso ur ces fo r the benefi t of th e
public ; and
WHEREAS, Sect ion 29-1-203, C.R.S., auth orizes the State of Co lora do and its
political subdivi sions to enter into co ntra cts to provide functions or service s,
in cludin g th e shari ng of cos ts of such functions or services , whi ch each of th e
con trac tin g pani cs may be au th orized to provide ; and
WHEREAS, on th e 6'' day of De cembe r, 1982, Littleton and Englewoo d
(herein aft er co lle ctive ly referred to as the "C ities") ent ered into an agreement of
ow nership and operati on of the Bi-City Was te wa ter Tr ea tment Plant ; and
WHEREAS, the basic concept of this Agreement is that neith er Cit y shall be a
customer of the oth er, but rather a joint fac ilit y shall be cons tru cted and opera ted
wit h cons tru cti on cos ts, cos ts of addi tio ns, and cos ts of operation and maintenan ce
being divided be twee n th em in a fa ir and eq uit able manner as se t forth hereinafter
wi th greate r specificity; and
WH EREAS, th e Citie s, by prev ious agreemen t, arc joinl ow ners of the Was 1ewa1e r
Treatment Pl ant , each ow ning and en titled to fifty percen t (50%) of its opera ting
ca pacity of app roxima tel y 20 million ga ll ons pe r day (MG D) with Littlet on en titled
to ap proximate ly 10 MGD and Englew ood being enti tl ed to approxima tely 10 MGD;
and
WHER EA S, th e Joint Use Agreement a >tic ip atcd acquisi ti on of property to
acco mm oda te pla nn ed expansions of th e Join t•U se \Vas tewa ter Treatment Plant ; and
IVli EREAS , by agree men ts dated Jul y 2, 1973 and December 6, 19 82 (ame nded
Ma y 7, 1984), the City of Englewood agreed 10 se ll a one-ha lf int ere st in the Bi-Ci ty
Treat men t Plan ~; and
WHEREAS , subject to voter approva l, th e City of Englewood has agre ed to
tra nsfer to the Cit y of Littl eton a one-half ir.t erc st in and to sai d real property
pursuant to sni d agree ment s; and
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WHEREAS, the nc tu al ownership of the rea l estate and improvcm..:nts on the site ,
or that arc in th e future constrn cted thereon , shall be in tenan cy in co mm on between
the Ci ties; and
WHEREAS , Eng lewood shall be repaid for fift y pcrce nl (50%) of all acquisition
costs, includin g appra isa ls and co nd emna ti on and
WHEREAS , the Ci lic s desire 10 clarify c·,rrcnl uses as well as an1icipa1cd uses due
10 1h e recen l acquisition of 1he Herbcnson Lea se loca led on Soulh Plalle River Drive
by the Ci1y of Englewood;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNC IL OF
THE CITY OF ENGLEWOOD, COLORADO THAT:
~-There is hereby subm illed to lhe registered electors of the City of
Englewood at the next scheduled municipal election on Nov ember 2, 2004, a ballot
question to sell or transfer properly owned by th e Englewood Water and Sewer
Utilities to the cities of Englewood an d Littleton fo r use by the Littleton/Englewood
Wastewater Treatment Plant, to read as follows:
Question No.
Shall the property described in Ordinance No . 30, Series of 2004 be sold or
transferred from the City of Englewood Water and Sewer Utilities to the cities of
Englewood and Littleton , jointly, for the use of the Li11le1on/Englewood Wastewater
Treatment Plant?
Yes No
~-Each elector vo ting al sa id election an d de sirous of vo tin g sha ll
indic ate his/her choice by depressing the approp riat e co unt er of lh c vo ting machine
or by the appropriate marking upon pap er ballots where used .
..smilm]. The proper officials of the City of Englewood shall give notice of sa id
next scheduled municipal election, such noli cc shall be published in the manne r an d
for th e length of time required by law, and the ballots cast at such election shall be
canvassed atJd the result ascertained, dctcnnincd, and certifie~ :.s req uired by law.
~-For purposes of Section 1-11-203 .5, C.R.S., this Ordinance shall serve
10 sc i the title and content of the ballol issue se t forlh herein and the ballo1 1itlc for
such question shall be the text of the question i1 sclf. Any petition to con1cst the
form or conlcnt of the ballot title may be filed wi th the Di strict Co urt and a copy
served on the City Clerk within five days afte r th e titl e of 1hc ballot quest io n is set by
th e City Council on final reading of thi s Ordinance .
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~-If any sec ti on, parag,ra~h. cla use , or other po rt ion of thi s Ord in ance is
fo r any reaso n held to be in val id or un enfo rceab le, th e irwu liclit y or uncnforccab ili1 y
shall not affec t any o f th e remai nin g portion s of 1h is Ord inan ce.
Intro duce d, read in litll , and passed on lirst readi ng on th e 7th da y of Ju ne, 2004 .
Publi shed as a Bill fo r an Ordinanc e on th e I I'' da y of Jun e, 200 4.
Read by tit le and pa ss ed on fi nal read in g on the 2 1st day of June, 2004.
Publi shed by titl e as Ordinance No . 3~ Series of 2004 , on th e 25 th c y of Jc•,e,
2004 .
J r
cris hia !\. Elh ~ t(~
I, Loucrishi a A. Ell is, Cit y Clerk of th e Cit y of Englew oo d, Co lora do , he re by
ce rt ify th at the abov e and fo regoing is a tru e CO J!.Y _of th e Ordinance asse d on fin al
reading and published by titl e as Ordinance No . -2i., Se ries of 20 .
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COUNCIL COMMUNICATION
Date : Agenda Item : Subject :
O rd inan ce to ;ubmit to th e reg istered vo ters o
Jun e 7, 1004 11 a iii Englewood a ball ot question to trans fe r
properties ow ned by th e Englewood Wat er
and Sewer Utiliti es to th e Citi es of Engl ewood
and Littl eton fo r the Littl eton /Englewood
Was tewa ter Treat me nt Plant and Englewood
Se rvi Ce nter.
Initiated By: I Staff Source:
Pub lic Works Ken Ross, Dire ctor of Publi c Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In ju ly of 19 73 the Cities oflittle•ton and Englewood ent e red into an agreement to own and operate a
joint use waste wa ter tr eatment facil ity. City Co un ci l a uth ori ze d this co nt ra ct by pas sing Ordinan ce
No . 18, Series of 19 i 3.
Ci ty Council passed Ordi11an ce No . 39, Series 1985, au th oriz ing a transfer of one-half interes t in the
rea l property at the Bi-City ,reatment Plant to th e City of Littleton
RECOMMENDED ACI ION
Approve an ordin ance to submit to a vote of the reg ister ed voters a ballot question to transfer
properti es ow ne d by the Engl ewood Water and Sewer Utilities to the Cities of Englewood and L,rtl eton
for the Littlet n/Englewood Wastewater Treatment Plant and the Englewood ServiCente r.
BACKGROUND, ANALYSIS, AND ALTERNA TIVES IDENTIFIED
In 1973, in th e o ri ginal agreement betwe en th<-Cities of Littleton and Englewood to create th e joint
us e wa st ewat er treatm ent faci lity, it wa s agree d tha t the actual owners hi p of the real estate and
improve ment s on th e site sh ould be tenan cy in commo n between th e two cities .
Whe n th e ci ti es entered into th ese ag reeme nts th ere was land th at wa s ow ned by th e Er ►.,;a wood
Wa ter an d Sewer Utili ties that Englewo c d agreed to tra nsfer one-half inter~st to Littl et un for the Bi -City
Tr eatm ent Plant.
Now thirty yea rs later, aft er de ve lopm ent and numero us ex pansions of th e Bi-City Tr ea tm ent Plant, th e
part ies are prepa red to do a subdivisi on th at will d efine the limit s of the Bi City Tr eatme nt Pl ant and the
Eng lewood ServiC enter. Th erefo re all th e land th a t was part of the old Engl ewoo d Sewer Plant th at
wa s ow ned by th e City of Engl ewoo d Water and Sewe r Utilities ne eds to be transferred 111 order to
acco mpli sh this subdivisi on. This transfer requir es vo ter ap prova l.
LIST OF ATTACHMENTS
Propose d Ordinance