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HomeMy WebLinkAbout2004 Ordinance No. 046• • • ORDI NA:--·cE NO. ti? SE RIES OF 2004 -- IJY AUT JIO JUTY COUNC IL BL L NO. 47 INTR ODUCED BY COUN CIL MEMBER BRADSHAW AN ORD INANCE AUTHORIZING AN INTERGOVERNMENTA L AGREEMENT IJ ETWEE , Tl-IE CITY OF LITTL ETON, COLORA DO, AND Tl-I E CITY OF ENGLEWOOD, COLO RADO , PERTAIN ING TO Tl-IE "TlilRD AMENDMENT TO AGREEMEN T BETWEEN Tl-IE CITI ES OF LITTLETON AND ENGLEWOOD COLORADO, FOR JOINT WASTEWATER TREATMENT FAC ILITI ES." WHEREAS, the City of Eng lewood an d th e Ci ty of Litt leton arc joint owne rs of the Joint-Use Wastewa ter Trea tm ent Pl ant , each owning and ent itl ed to fifty pe rcent (50%) of it s operating ca pacity; an d WHEREAS, by agree ments dated Ju ly 2, 1973 and Decembe r 6, 1982 (ame nd ed May 7, 1984), the Ci ty of Engl ewood agree d to sell a one-half interest in the Bi -C it y Treatm ent Pinnt ; 2nd WHEREAS , th e Joint Use Agreement anticip ated ap plication fo r grants and oth er types of fund s ava il ab le to the faci lity fo r th e benefit of both th e City of Eng lewood and the Cit y of Littlet on; and WHEREAS , th e Citi es des ire to cl arify the use of such gran t money and the pa11ici pa1i on of th e Citie s in the process , inc luding matching funds and oth er appli ca ti on req uirement s. NO W, TH EREFORE, BE IT ORDA INED BY Tl-IE CITY COUNC IL Or THE CITY OF ENGLEWOOD, CO LORADO, AS FOLLOWS : Sec ti on I. The Cit y Co un cil of th e Cit y of Englewood , Co lora do, hereby authorizes th e lnt crgovcmmcntal Agrccmcn l entitl ed "Third Amendment to Agreement Between The Ci ti es Of Litt leton And Eng lewood , Co lora do, For Joint Was te wate r Treatm ent Fac ilit1 cs" betwee n the City of Litt leton and the Cit y of Englewood, a copy of which is marked .is "Ex hi bit A" and att ac hed hereto. Section 2. The Mayor and th e City Clerk are hereby auth ori zed to sign and att est said Int ergovernme nta l Ag reeme nt on behalf of the Ci 1y of Engl ewood. Int rod uce d, read in fu ll , and pa sse d on fir st readin g on th e 19'" da y of Jul y, 2004. Published as a Bill for an Ordin ance on th e 23'd da y of Jul y, 2004. Read by tit I:-and passed on fin al reading on th e 2nd day of Augus t, 2004 . 10 b xi Publi shed by tit le as C',dinancc No .~ Series of2 Augu st, 2004 . 1, Loucrishia A. Ellis , City Clerk of the City of Engl ewood , Co lora do , hereby cenify th at the above and foregoiyp)s a true co py of the Ordinance passe d on fin adin g ard publi shed by title as Ordinance No . "tk!., Serie s of 2004 . • • • • THIRD AJ\'lE:-.'DME:'IIT TO AGREEl\'lE:'1/T BETWEEN THE CITIES OF LITTLETON AND ENGLEWOO D, COLORADO, FOR JOINT-USE WASTEWATER TREATMENT FACILITfES AGREEMENT made this __ day of _____ , 2004, by and between the CITY COUNCIL of the CITY OF LITTLETON , COLORADO ("Lirt le1 on"), acting as the governing body of the CITY OF LITTLETON, COLORADO SEWER UTIL ITY ENTERPRISE (the "Littleton Enterprise"), and the CITY COUl'iCiL of the CITY OF ENGLEWOOD , COLORADO ("Englewood"), acting as the gove rnin g body of rhe ENGLEWOO D SEWER UTILITY ENTERPRISE, (the "E nglewood Enterpri se"). WHEREAS, on the 6th day of December, I 982, Littleton and Englewood (hereinafte r collective ly referred to as the "Cities") entered into an agreement (the Agreement) for own ershi p an d operation oflhe Joint-Use and Bi -City Wastewater Treatment Plant; and WHEREAS, on the 7'h day of May, I 984, the Ci ties e;ecutcd a Firs t Ame ndm ent to the Agreement; and WHEREAS , on the __ day of ___ ~200_, the Cities executed a Second Ame ndment to the Agreement; and WHEREAS, the Littleton Enterprise and the Englewood Enterprise (co ll ective ly referred to as the "Enterprises") were created as provided for by Article X, Section 20 of th e Colorado Constitution in order to own, operate and manage their respective sewer sys tems and to ow n, o perate and manage the Bi-City Wastewater Treatment plant. NOW, THEREFORE, IN CONSIDERATION of1 he mutual prom ises and cove nants hereinafter recited, the parties agree: I . The Cities by and thro ugh their respective Enterprises, agree to app ly for and accept federal government grants that may be available 10 fund eligible capital and/or operatio n and maintenance (O&M) expen ses. Any grant funds received sha ll be apportioned to each city sewe r fund accoun t in the same propo11ion already establ ished in the Agreement for either capital or O&M charges, based upon the purpose of the grant. Any ex penses , including additio nal legal an d permit fees, required to obtai n sa id gra nts shall be paid fo r in the same propo11io n alr eady established in the Agreement related 10 the allocation of cap it al or O&M expen·ses, based upon the purpo se of the grant. 2 . 3 . Such grants may req uire ce11a in gra nt co nditi ons 10 be met, incl udin g but not limit ed to , expenditure of local matching sewer funds . II will be the obligatio n of each City or its Enterpri se 10 comp ly in good fai th wit h all gran t conditions, in cluding but not limited to, ex penditure of the required loca l matching funds . Thi s agreemen t shall be co nsidered as an addition to the agreemen t betwee n th e 4. ATTEST: City Clerk ATTEST: City Clerk Cities dated December 6, 1982, regarding ownership and operation of the Joint-• Use Wastewater Treatment Plant and, except as provided herein, said December 6, 1982 agreement, together with the First and Second Amendments thereto , shall remain in full force and effect. This agreement shall be recorded in the real estate records of the County of Arapahoe , State of Colorado, upon execution by both panies. CITY OF ENGLEWOOD, acting by and through its ENGLEWOOD SEWER UTILITY ENTERPRISE By ___________ _ Mayor CITY OF LITTLETON, acting by and through its CITY OF LITTLETON COLORADO SEWER UTILITY ENTERPRISE By __________ _ Mayor • Approved as to Form: City Attorney • • • Date Jul y 19. 2004 INITIATED BY COUNCIL COMMUNICATION Age nda Item 11 a V STAFF SOURCE Subject Third Amendm ent to th e Joint• Use Was tewa ter Ag reem ent Littl eton/En glewood WWTP Supervisory Committee Stewa rt H. Fonda, Uti liti es Direc tor COUNCIL GOAL AND PREVIOUS COUNCIL ACTION O n Jun e 21, 2004, City Counci l adopted Ordinance N o. 30, approvi ng th e Second Amendm ent to th e Joint Use Wa st ewater Agreement. RECOMMENDED ACTION We reco mm end Coun cil approve by O rd inan ce a 3'' Amendm ent to th e Joi nt-Use Wastewater Tr ea tment Faci liti es Agree ment w ith th e City of Littl eton fo r th e acc eptance and distribution o f grants for cap ital an d/or operat io n and ma int enan ce ex penses . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Sin ce 1982, th e Littl eto n/Engl ewood W as tewa ter Trea tm ent Pl ant (L/E WWTP ) has operat ed under a Joint- us e Wastewater Trea tment Facili ties Ag ree ment betwee n th e City of Engl ewoo d and the City of Littl eto n. This ag reeme nt spe ll s o ut th e term s and cond itions for b oth ca pi tal an d operation and m aintenan ce charges and ex pens es. Th is agree ment does not address how gra nt s w ill be apporti o ned w hen receive d, nor does th e ag ree m ent add ress how any ex penses to o btai n grants w ou ld be charge d to eac h ci ty . Grants also may co nt ain spec ial require ments , suc h as ma tching loca l funds bein g provid ed, contractor goals for min ority or women's bus in ess, and additiona l repo rts o r studi es to quali fy fo r th e gran ts. The City of Englew o od and Littleton were notified in 2004 th at th ey would be awarded a $1 ,000,000 Stat e and Tri ba l Assis tance Grant from th e U.S. Environm enta l Protec ti o n Agency . This gra nt is to be used to fu nd a po rti o n of th e upcomi ng Pha se 2 Ex pansio n Project. The L/E WWTP has also applied to rece ive a federal STAG grant in 2005. Other gran ts may be come ava il ab le to L/E WWTP from th e State of Colorado and oth er age ncies. It was determ in ed th e Joint-Use Ag ree men t sho uld ad dress how gra nts will be rece ive d and how to apporti on th e funds to eac h City's acco unt. FINANCIAL IMPACT None. • UST OF ATTACHMENTS Propose d Bi ll for an O rdina nce 3rd Ame ndm ent to the Joint•use Was tewa ter Tr ea tment Agr ee ment