HomeMy WebLinkAbout2001 Ordinance No. 026•
•
•
OP..DINA.'\'CE O,d!:k
SERIES OF 2001
BY AUTHORITY
COUNCIL BILL NO. 25
INTRODUCED BY COUNCIL
~1EMBER GARRE'IT
AN ORD!~U.NCE AUTHORIZING !1. GOOD :-TEIGHBOR OFFER TO WOLHlJRST
LANDING OWNERS ASSOCIATIO HELPI NG F'U D CONSTR CTIO OF A
CO CRETE SURFACE DRAIN BETWEE THE CI'l'Y DITCH ND THE
WOLHliRST LANDING TOWNHOMES TO THE WEST .
WHEREAS , City of E::iglewood prevailed Ill the lawsuit filed by Wolhurat Landing
concerning dramage issues at the Wolhurst Landing d~velopmeot: and
WHEREAs, at the trial the City learned fo r the first tune that Mr . Johnson fai led
to install appropriate !reoch drama under the bwJding-1 which are adjacent to the City
Ditch and that the absence of 1uch drains ma.kes the buildings vulnerable to water from any source: and
WHEREAS, the City makes this offer as a good neighbor ond in an effor to aaaiat
the homeowners and the Aa8ociation co ncerrun ground ater problems adjacent to the City Ditch; and
WHEREAs, Wolhun;t Landing Owners Association was pleas d to accept the City
of En lewood's good neighbor offer to pay 28,665.00, towards the construction of the
concrete s urface drain along the stretch between the City Ditch and the row of townhomes to the west; and
WHEREAS, the Englewood Water and Sewer Board recomn:ended Council approval
oft.his good neighbor offer to Wolhurat Landing at its May th . 2001 mcettng;
NOW , THEREFORE , BE IT ORDAINED BY THE Cl'l'Y COU CIL OF THE Cl'l'Y OF
E OLEWO D, COLORADO , AS FOLLOWS :
Stttiwu. The Englewood City Council hereby uthon.zea Englewood 's good
neighbor offer of 28,665.00, to Wolhurat LandU1g Owne Association toward tbe
conatrucoon of the concrete surface drain along the stretch betwHn the City Ditch and
the row of townhomes to che Weat, aa described Ill, "Ex.hunt A".
Introduced, read tn full. and pa ed on firtt readin:r on th 2l&t day of May, 2001.
10bii
Published as a Bill for i.n Ordinance on the 25 111 d y of May . 2001.
Read by title and passed on final reacting on the 4th day of June. 2001.
Publiahed by ti.tle as Ordinance o.
Jun.e, 2001.
Seri1,s of 2001. on the 8th day of
s J . Bu.rn~ifa;;?
I, Lou=lua A. Ellis. City Clerk of the CLty of Englewood , Colorado, hereby certify
that the above an foregoing is a true copy of the Ordinance pas on final reading
and publith.ed b · title u Ordinance o. dZk..., Series of 001
-2-
w
•
•
•
LH U TLA
Mr . tewan H. Fonda
Direc1or of Uti::!ie~
City of Englewood
I 000 Englewood Parkwa v
Englewood. CO !l0l 10 ·
Dear Mr . Fonda.
DI
f..XH'B\T A
G WNER.S A C IATI
April 23. 2001
Th e Wolh ur sl Landing Own.:r; Associ a1ion ('"As ocimion .. ) is pl eased 10 accept your
good neighbor offer lo pay $~8.665 toward the -n~tl'uction of the concrete surfa
drain (''Drain") along the stretch between th Ci,, uitch and the row oftownhom
10 the west. e1·en though the City of Englewood ('"fiiy") has no respon ibility to do
so .
The ssociation understands that the Ci ty has reviewed the IW0 proposals that were
submined 10 them based on the eng.ine,·ring C D design drawings . The City is
agreeing to pay S18,66S to the Associatior. to hire Tarin Construction 10 build and
install the Drain .
The Assoc ia tion and the effected homeowners agree that the City will not warranty
or guaranty this Drain. The Association agrees to indemnify the City againSt an .
responsibility in the event of claims of damages relating 10 the rain . The
/, :~odati n will own, maintain, repair, and replace the Drain as necessary.
inc.:rely.
ame
Signature
Tille
Date
/ igneture J
·, U· f .J -Z Le( ~b,4k.,
Title '
/
~I ,et/
Date , /
cc . Bill Mc onnick. uperintendent ofU tilitie
Managed by Hammersmith Management Inc . :!535 South Wadswo rth Boulevard
Lakewood, Colorado 80227 Phone (303) 980-0700 Fa.x (303) 980-0576
•
•
•
Datt
May 21, 2001
ITIATED BY
COUNCIL COMMUNICATIO N
Agenda lttm
10 a ii
Subject
Participation in the Wothurst
Landing Surface Drain
Utilities Department I STAFF SC;URC
St?-.vart H. Fond;1, Director of u tilities
COU CIL GOAL A D PREVIO 5 COU CIL ACTION
one .
RECOMA,ENDED CTIO
The Englewood ater and Sewer Board recommended Council a proval at their May 8, 2001 meeting of
the agreement to pay !' 8,665 :award construtt,C":e: of a surface drain a: Wolhurst Landing.
BACKGRO NO, ANALYSIS, AND .4.1.TERNATIVE IDENTIFIED
It \ as learr.ed during litigation with Wolhurst I.anding that an appropriate French drain had not been
installed under the buildings that are adjacent to the Oty Dit h, making the buildings vulne rabl e to water
damage .
The Utilities Department offered to assist Wolhurst Landing Owners Association whereby the City an d the
Asso::iation o uld jointl'y pmicipate in the installation of a French drain along the buildings adjace nt to the
ditch. The City would supply labor and matErials and the Homei;,wner's Association would be respons ible
or removing and replacing porches, fencing and other obstructions and repairing the sod and sprinkler
system, if necessary.
The o ffer is being made as a "goo d neighbo r" gesture The Assoetation and homeowners agree that the
City will not warranty or guaranty the proposed drain and will i!'lciemnify the Gty agains1 any responsibility
in the event of claims of damages relating to the drain. The Associa'ion will own, maintain, repair and
replace the drain as necessary.
FINANOAL IMPACT
Wolhu,st ~ •"lding had bids SJbmitted from two contractors . Tarin Construction was the low bidde 1 and will
DE retained to build and install the drain for the amount o( 528,665.00.
UST 0" ATTACHMENTS
Letter of Agreement fr om Wolhurst Landing Owners Assoc . dated April 23, 2001