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Home My WebLink About2002 Ordinance No. 037• • • ORDINANCE No.!fl_ SERIES OF 2002 BY AUTHORITY ~Jf/JJ-J..oo)..., 10 bi COUNCIL BILL NO . 35 INTRODUCED BY COUNCIL MEMBER GARRE'f1' /\N ORDINANCE AUTHORIZING AN "AGREEMENT FOR TEMPORARY LEASE AND/OR RE -DIVERSION OF REUSABLE RETURN FLOWS OF WATER" BETWEEN CENTENNIAL WATER AND SANITATION DISTRI CT AND THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, Englewood injects granular activated carbon to improve water quality into ll forebay near Union Avenue and the South Platte River, but the process creates blackened water that can not be directly introduced into the City Ditch for exchanging; a nd WHEREAS , clear water can be exc hanged up the City Ditch but must be pumped into the City Ditch from a forebay adjacent to the Allen Filter Plant; and · WHEREAS, Englewood has no pump or pipe for pumping this forebay, but Centenni al is agreeing to provide and install the pump and pipe at Centenninl's so le expense; and WHEREAS , Centennial Water and Sanitation District owns reusable wastewater return flows to the South Platte River and the City of Englewood has means to re- divert these O.ows at Union Avenue and e ith er use them or redeliver them to Cen te nnial: and WHEREAS , this Ordinance authorizes the agreement which would divert the return fl ows and pay Centennial $86.00 a n acre-foot for the flows , plus pumping costs; and WHEREAS, Centennial would acquire all return fl ows delivered to McLellan Reservoir that are not acquired by Englewood and shall pay Englewood $30.00 a n acre foot , plus pumping costs; and WHEREAS, the Englewood Water and Sewer B•Jard recommended a pprova l of Agreement For Temporary Lease And/Or Re-Diversion Of Reusable Return Flows Of Water to the Cent,nnial Water and Sanitatior. District at its June 11 , 2002 meeting; NOW , THEREFORE, BE IT ORDAINED BY '"HE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : ~-1'\i e Agreement between the City of Englewood and Centennial Water and Sanitation District entitled "Agreement For Temporary Lease And/Or Re- Diversion Of Reusable Return Flows Of Water", is hereby accepted and approved by the Englewood City Council . A copy of said Agreeme nt is attached hereto as "Exhibit A" and incorporated herein by reference . -1- Sw:tiwL.2. The Mayor and City Clerk"'" hereby authorized to sign and attest, "'spectively, the said Agreement for and to behalf of the City Council and the City of J!,nglewood, Colorado. Introduced, read in full, and passed on first reading on the 15th day of July, 2002 . Published as a Bill for an Ordinance on the 19th day of July, 2002 . Read bv .itle and passsd on final reading on the 5th day of August, 2002. Published by title as Ordinance No. 3?, Series of 2002 , on the 9th day of August, 2002 . . I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Coloreno, hereby certify that the above and foregoing is a true COPY,9{ the Ordinance posse final reading and published by title as Ordinance No. ~ Series of 2002. -2- • • • • • AGREDIE:"<T FOR TE:'vlPOR..\RY LEASE AND/OR RE-DIVERSION OF RELSABLE RETUR.'I FLOWS OF WATER I. lncrodu ct1011 : P:ut ies lnd Purnoses . Centennial Water and San1tnt1o n D1suict (Centennial) owns reusable return flows to the South Plane Rive r which consist of Centennial' s reusable water discharged by Cen tennial', Mo.rcy Gulch wastewater treatment plant (the return flows). The City of Englewood (Englewood) has a means to re-di ven the return flow s at L'nion Avenue, and either re tain them for use by Englewood or redeli ver same to Cen tennial. The parties incend that Englewood shal l attempt to diven the return flows. under th e ci rcumstanc es set fort h be low. and pav Centen nial for the return flows if same are retained by Englewood : and that Centennial will pay Englewood for re-directing the return flows. if same are redelivered to Cencenn,al. It 1s anuc ipated that Englewood will attempt co diven the return flows at its Cn1on Ave nue pump sta uon . and either use sa,:,e ;~,mediatel y in its Allen Treatment Pl ane. or exchange samr: up City Ditch tO '.l,klellan reservoir . in Englewood's discretion. Therefore . the partie s ha ve .igreed .is fo llow s. 2. Centennlll to Gi ve \/once oi . .\vailabil itv: Englewood Re soo nse. Cence nnial will advise En gl e•.v oo d. un a d:uly basis. of the amount of av ailable return flows at Englewood· s Lnion .-\ve nue pump st ation . Eng lewood will advise Centennial. on a daily basis , oi available return tlow s En gl ew ood will not be di vemng . 3. En elewood m . .\ttempt to Di vert . Eng lewood will make reasonable effons to lawiull y diven the return tlows ac its {;nion Avenue pump muon . En glewoo d shall ha ve no obligation to diven : a) if diversion wo uld impair the necessarv quality ,i f water int ro duced inco Englew ood's wa te r treatment plant or introdi:ced into Cicv Ditch for exchange. :is de term ined in Eng!ew ood' s so le discretio n: b) except to the exten t tha t Englewood de termi nes to use the re turn flows illll'lediately in its Allen Treaunenc Plane . plus the ex change capaC11y in City Ditch . cl to the extent that the :apacity in Engl,,wood' s pumping system after suppl ying Englewood's demand 1s le ss than all oi th e available retu ;n flows. Englewood shall have no obliptio n to use the return tlow , immediately in its Alie·., Treatment Plant . While Eng lewood shall make reaso nable eifons to divert the return flows. the parties recognize that v:uious factors ma y make diversi on irnp racucal. and Englew oo d shall have no liability to Centennial for failure to di ven. Englew oo d will accounc for return tlows divened at its union Avenue pump station . -l . En2lew ood to E.\Ch aMe {;o Cit·, Di tch. Englew ood w,11 make reasonable dfons to ~xchunge the divened return flows up City Ditch and int o Mcl~llan Rese rvo ir . via th~ pump statio n from City Ditch to '.l,lcLellan Reservoir. • X " I • I T A 5. Englew ood"; Ootion 10 Acquire Return Flow s Delivered 10 '.\llcL el lan q_es ervoir . En glewood will ac co unt for the return flows delivered by exch ange 10 McL:llan Reservoir. Engle woo d will have the op11 on 10 acquire the return flows deli vered to '.\,lcLellan Re servoir (ancl Eng lewood will acquire an y return flows used immediate ly in Englewood 's Allen Treatment Plant). Within fo ur days after the end of each week (ending Samrcfuy at midnight) Eng lewood will notify Centennial 1f it wishes 10 acquire all of the return tlow s delivered 10 '.\,lcLellan dunng that week. Engle woo d wi!I pa y Centennial 585 per acre foot fo r all of the re turn flo ws which it acquires. and pay the pumping costs associated w11h those return flows . Return flows so acquired by Englewood shall be treated as Englewood 's water for all purposes. and may be used by Englewood or delivered to Cente nnial under an y agreement between Englewood and Centennial .. Return flows deli vered to Mclellan :l', 10 which Englew oo d doe s not giv e such noti ce shall belong 10 Centennial. 6. Centennial", Pa vment fo r Re turn Flow s .-'l coui red bv Centennial. Centennial shall acq uire all return flows deli vered 10 '.',lcLellan Reservoir that are not acquired by En gle wood. Centennial shall pay Engle wood 530 per ac ,e foot o f return tlows acquir.:u by Centennial. plus all pumping cos ts JS soc1uted w11h de liver:, or" those return flows 10 '.\llclellan Re servo ir . 7. Temo orarv Pumpin2 Fac iliue s fro m the Fo reba v Reservoir '-!ext to the .-'.lien Treatment P1ant. Eng le•.vood cu rrentl y injec ts granular acti vated carbo n (GAC ) into the fo re bay adjacen t 10 the SGu t.l Pla tte Rive r. from whi ch Englewood "; C1 11 on .-'.venue pump ing stati on pumps wate r 10 the Allen Treatment Plant 1actli :1es . (The GAC is in1ec:ed because of the c urrent ;e vere quality prob lems in the South Pl atte R1 ver . l The wa te r co nta1r.in2 the GAC is bhckened in co lor and thece fo re cannot be directl y int rod uced int o City Du ch fo r ex chan ge pu.pos es. Therefore . a substitute ;upply o r" d e:ir wa ter 10 be exchar.ged up City Ditch must be pumped into City Dit ch fro m a fo reba y re servoir adjac ent to the .-'.lien Trea tment Plant (not to be confused wi th the forebay at the ri ver /. (Pumping of this sub stitute suppl y will be unnecessary if the GAC injectio n at the ri ver forebay sho uld cease .) Englewood has no pump and pipe 10 ac:ompl ish the pump ing of this subst itute suppl y from the fo reba y re servoir. Centennial wi ll provide and insta ll such a pump and pipe . ~nd hcok 1t up to a pow er source . at Centenn ial" s solcexpc:nse . Eng lewood and Centennial will cooperate in determinin g the loca tio ~. nature and ins ta llau on .i f the pump and pipe . At the end of this agreement. Centenn,al will remo ve the pump. pipe and power hookup at Ce ntennial's sole expen se . unle ss the parties otherwise agree . Centenn ial will restore any exca vat ion or alterati,m of the forebay and surroundin g areas . at Centennial' s sol e expense . 8. Pumpin2 Costs . Eng lewood wi ll reasonabl y deterrrune pumping com. which are 10 include power . other operauon costs . and maintenance . • • • • • 9 . Termination . Eicher Englewood or Centennial may terminate chis agreement after 5 days written notice co the ocher party . If noc so cerminnced. chis agreement will terminate ac the sooner of October 31. 2002 . or the cessation of flows in City Ditch below the Allen Treaonent Plant. wh ichever sooner occurs. unless the parties otherwise agree. 10 . Pavment Englewood will account for deliveries . Englewood will pay Centennial for rerurn flows acquired by Englewood within 30 days after the ,1 d of the month during which particular ddiveries were .nade co F,nglewood. Centennial will pay Englewood within 30 days after the end of the month during which particular deliveries were made co Centennial . 11. Scace Engineer . Centenni al will be responsible for :m y nec:ssury notice co the Scace Engineer's offic:. assurin g the Stace Engine~.· s office cha c its rerum fl ows are indeed reusable and divcnible by Engle wood. and reporu ~g co the Scace Engineer · s office . in cooperati on with Englewood . This agreement is dated as of the ___ day of _____ ~ 200 2. CITY OF E.'IIGLE\VOOD By ________________ _ CENTE:-r.-;1A.L WATER A.'10 SANITATION DISTRICT • Date Jul y I 5, 200 2 INITIATED BY COUNCIL COMMUNICATION Agenda Item IOai Subject. Cen tennial Agreement for Temporary Lease of Return Flows U tilities Department I STAFF SOURCE Stewart H . Fo nda , Directo r of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTIO None. RECOMMENDED ACTION The Englewood Waler and Sewe r Boa rd, at lhtir June 11 , 2002 meeting, reco mmended Council ap proval of the Agree ment fo r Temporary Leas e and /or Re-Diversion of Reusabl e Return Fl ows of Water Agreement with Centennial Water and Sanita tion District. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Englewood inj ects granul ar activated ca rb on l o improve wa ter quality into a for~bay near U ni on Ave. and S. Platte River, but the process creates blackened water that ca nn o t be directly introduced into City Ditch fo r exc han gi ng . Clea r w ater ca n be exchanged up Ci ty Ditch but must be pumped into the ditch from a fo rebay adjacent to the Allen Plant. Eng lewood has no pum p or pi pe for pumping this forebay, but Centennial is agreeing to provide and install the pump and pipe at Ce ntennial's so le ex pens e. Centennial own:; re usabl e was tewater return flo w s to the S. Platt e River and Englewood has means to re - div ert these flows at Union Avenu e and ei th er use them or red eli ve r to Centennial. The proposed agreement wou!d divert the return flows and pay Centennial SBS .00 an acre-foot fo r the flows, plus pumping cos ts . Centenn ial would acquire all return flows delivered to Mclell an Res ervoir th at are not acq uired by Eng lewood and shall pay Eng lewood S30 /acre foot, plus pumping co sts . FINANCIAL IMPACT Englewood will pay Centennial S85 per acre foot fo r all return flows it acqui res from Centennial and Cen tennial shall pa y Englewood $3 0 pPr Jere foot ior ret urn flows acqu ired by Centenn ial from Mclellan Reserv oir. LIST OF ATTACHMENTS Bill fo r Ordinance