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Home My WebLink About2001 Ordinance No. 059• • • ORDINANCE No.§!/ SERIES OF 2001 BY AUTHORITY COUNCJL BILL NO . 6" INTRODUCED BY COUNCIL MEMBER GARRETI' AN ORDJNANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT "TRANSFERS OF WATER SERVICE" FOR TRAN3FERS OF WATER SERVICE BETWEEN THE DENVER BOARD OF WATER COMMISSJONERS AND THE CITY OF ENGLEWOOD. COLORADO. WHEREAS, the Denver Boa.rd of Water CommiSBl one.rs operates a municipal water supply system that provides water to cuatomers in the Board"s combined service area; and WHEREAS, the City of Englewood operates a municipal water supply ayatem that pro.,;des water for ita residents and othera, e.s determ.ined by Englewood's City Council;and WHEREAS, the Denver Board ofW,.ter Commisaionere requested tranafera of water aervicea in overlapping ar~_ a »-" 1<reao which share common boundary lines; and WHEREAS, in the overh1ppit1g e reaa and in certain areaa near tboae common boundary linee, customers could be l!<!rved more e fficiently by facilities owned by the other entity; and WHEREAS. the transfer of water service for certain customers· from one entity to the other would eliminate the need for expen ■ive and duplicative di■tribution facilities and would also provide better service to thoae cuatomer■; and WHEREAS , the Englewood Water ,ind Sewer Board recommended Council approval of the "Transfers of Water Service" to allow the transfers of water service between Denver am.' Englewood, at its July 10, 2001 meeting; NOW, THEREFORE. BE IT ORDAINED BY THE CITY C OUNC[L OF THE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS: ~-The "Transfers of Water Service" between the Denver Board of Water Commiasionera and the City of Englewood for transfers of water services in ... verlapping areas which share common boundary lines, set forth in "Attachment l ". is hereby accepted a nd approved by che City Council of t~e City of Englewood . Colorado. ~-The Moyor and the City Clerk are betthv authorized to sign and atte,,t so.id Intergovernmental Agreement on behalf of ' ">' of Englewood. Introduced, read in full , an.d paased on first reading on the lat day of Octobe r . 2001. -I - 10 biii Published u a Bill for an Ordinance on the 6th day of October. 2001. Read by title and p aaaed on final readint on the 16th day of October. 2001 . Published by title aa Ordinance No.-5:iSeries of 2001. on the 19"' day of October. 2001 . / /} ~!1£1 ~ Loucriabia A. Ellis. City Cl k I , Lo ucrishia A. Elli•, City Clerk or the City of Englewood, Colorado, hereby certify that the above and r!'re11oin11 is a true copl'...9f the Ordinance sed on final rendin11 and published by title as Ordinance No .~ Serie• r 20 . -2- ,., • • • Il'fTERGOVJtRNKl:NTM, AGRl'na:JW'I' TRAl'fSFERS OF WAD:ll SJtRVJa nu. Intergovernmental Agreement Is entered Into thJa !:i_ day or':x:,;ncs:st:,-: ("" _ 2001. be= the City and County of Denver, acting by and chrough Its Board of Water Commlsslonen ("Boardi. a municipal corporation of the State of Colorado. and the City of Englewood ("Englewoodj, a municipal corporatlon of the State of Colorado. WHEREAS. the Board operates a municipal water supply system that prov1des wat!!!' to customers !n the Board's Combined Serv1ce Area; and WHEREAS . Englewood operates a munici pal water supply system that provtdes water for t.ts restdena and others. as detennined by Englewood's City Council; and VVHERE..1,S , a portion of Englewood's service area Ues within the Board's Combined Servlce Area. so ~ the two semce areas ovedap in some areas and also share common boundary lines; and WHERE.-\5 . In those overlapping areas and In certain are:is ne:ir those common boun arv Unes. customers located W1thJn Englewood"s or the Board's se:v!ce area. respectively. could.be served more effic iently by facili ties owned by the 'lther entlt:,,: and WHi!:t1.E:AS. the tra."!,fer of water scrvtce for certain customers from one ent1ty tc the other would eliminate the need fo r C."Cpens iv e and duplicative distnbution facilities and would also provide b,~tter service to those customers : and WHERE.-\5. coopcrat1on among local governments to provide semces Is encouraged by Artlcle XIV. S ection l8(21(al of the Colorado Constltuelon: and WHERE...S . Engle'.Vood and the Board W1sh to provide a mechanism to accomplish ~e transfer r,f ,varer ~1 ce of customers between the two entities •Nhenever such a transfer would be murua1,y beneficial . NOW THEREFORE. Englewood and the Board agree as follows: !. Transfer of Water Sc;:vjcc . The transfer of taps from water scrvtce provtded by Englewood or the Bo ard co water service provided by the other entity ls hereby auchortzcd. The cransfer m ust be apprcs·ec! by E::.gle•.vood's City Council or their d e signated reprcs e:itat1ve and the Manage, of cl':e De::1ver Water Board. using a fonn to be d~oped by the two parties. 2 . I rncsicIT'~e Ent1 rv . Th e transfening entity will be responsible for providing n otice to the c ustoma whose cap Is being cransfe:-:-ed and for the cost of physical connectlons required co allow water to be suppli ed by the reccivtng entity. This s hall Include the cr=sfer of ~"dsting watc~ me~e::-s. 3. Bccc <vjn'l Entity. After the phy s ical connection ls co mpleted. the rcccMng entity "'ill ;irovtdc water scrvtce to th e cransferred tap . and bill the customer acc,:-•!ir;!lv a C h m e n t l 4. Payment o(T;ap Fcs:,. It Is ant1ctpated that the 9°'rd and Ena1c:wood will tranat'er • customc:r3 bc:twec:n themac:lves on numerous occaalon.s. and that payment of tap fc:c:s for each transaction would be burdensome:. Therefore:, the pan1c:9 ~e to perform an annual rc:condllat1on to detc:rm1ne If either party owes tap rc:c:s m the other. At the end of c:ach calc:ndar year In wbJc.b water sc:rvtce ha.s been tnn5ferred under tb1.s Aif'Cement. the: Board IUIG EDllewood Will convert the tape eacb has tranafc:rred lnto 3/4 Inch equt,,alcnta, according to the table attached u Exhibit A. If one en~ ha.s transferred more equ1Y1Llenta than the other. then that entity w1.ll pay the then- =nt tap r.:e charaed by the other for the number or e."tCe:ss 3/4 Inch cqUiValc:nta. 5. Asalcnrocnt. Neither party shall assign any cf its nghu and duties under this Agreement without the written con.sent of the other party. 6. AppJlcahlc 1-aEI-'Ibis Agreement shall be governed by a.nd shall be coru1trued In accordance w1th the Constitution and laws of the Stat~-,,f Colorado. 7 . Icnnjnatton. 'Ibis Agreement shall remain in force -~til cermlnadon by either pany wtth sl.'tty (60) days' notice. Legfl Division ATTEST: By: __________ ...,.,. __ Loucrtsh!a A. Ellis. Ci.ty Cle:rk CITY A.t'ID COl.iN!Y OF DE:"IVER Acting by and through Its BOARD OF WATER COMi.\ll!SSIONERS REGISTERED A.ND COL"!','"I'ERSI GNED: Donald J. Mares. Auditor City and County of De~ve:- B~------------- CITY OF ENGLEWOOD By: __________ _ ThOII'LS J . Bu.ms. :vta.yor • • .. • • 111\'1"44 • 1" l-V4" 1•112" 2" 3" 4" 6" I " 10" 12" IIIDn' ... PQIDY ♦t lNCY CR +RT 3/4.l'Dch Eqa:;,,,lenr 2 l 4 200 360 600 •,. • • COUNCIL COMMUNICATION Agenda Item October l . 2001 10 a iii STAFF SOURCE Subject Denver lntersv•ernmental Agree ment -Transfer of Water Service I ITIATED BY U tili ties Department Stewart H . Fonda. D irecto r o f U tilities COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION one. RECOMMENDED ACTION The Englewood Water and Sewer Board, at thei r Ju ly 10 , 200 1 meeting, recommended Council ap p roval of the Intergovernmental Agreement for the Transfer of Water Services . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Den er Water Board submitted an Intergovernmental Agreement -Transfers of Water Service for Englewo od W ater Board approval. D enver's Water Conduit #13 is a low-pressure conduit that will be taken out of service for four m onths beginning August 1 fo, re pairs and ma inte nance. This will result in no water service to #7 artin lane, #9 Martin lane and 900 E. Oxford A e Oenver is requ •ing that :nglewood permanently transrer water servic,e to these addresses in the Cherry Hills Rancho Subdivision. n Intergovernmental Agreement -Transfers of Water Se ice agre ement w as submitted 10 expedite tap transfers for b o th panies in fu ture, sirn il ar situations . FINANCIAL IMPACT o ne. LIST OF ATTACHMENTS Intergov e rnmental A g re ement --ransiers o i at er S ,n.ice