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Home My WebLink About2000 Ordinance No. 056ORDINANCE NO .~ SERIES OF 2000 BY AUTHORITY COUNCIL BILL NO . 59 INTRODUCED BY COUNCIL MEMBER GARRET!' AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE CITY OF CHERRY HILLS VILLAGE , COLORADO ENTITLED "AMENDMENT TO WASTEWATER COLLECTION SYSTEM MAINTENANCE AGREEMENT-CITY OF CHERRY HILLS VILLAGE" WITH RESPECT TO THE MAINTENANCE OF AN AREA IN THE CHERRY HILLS VILLAGE WASTEWATER COLLECTION SYSTEM . ,<, WHEREAS , Ordinanc e No . 16, Seriea of 1995 was pa..,d by the EncJewood City Council authorizing an JOA with Cherry Hill, Village with rel))ect to the maintanance of an area in the Che rry Hill, Village W utawatar collection ayotam ; and WHEREAS, an amendment to the Waatewatar Collection Syotam Maintanance Agreement hae been requeatad by Cherry Hill,; and WHEREAS, Cherry Hill, Village is in the proc:eoa of combining omall sewer l)'llema operatad by individual special diatricta into eewage collection ll)lateal •~ Ii owned by Cherry Hill, Village; and ' WHEREAS , as each diatrict ia dioaolved, Cherry Hille Vill age's connector agreement with Englewood must be amended; and WHEREAS , Cherry Hille Village ia requesting to contract with Englewood for the same level of service that is currently being provided to Cherry Ridge sewer collection ayatam acquired by Cherry Hille Village in 1995 ; and WHEREAS, the paeaage of the propoeed amendment will allow the City of Englewood to extend aewer maintenance and repair services within the boundaries of Cherry Hilla Village; and WHEREAS , the Englewood Watar and Sewer Board reviewed and recommended approval of the "Amendm ent To Waatawatar Collection Syatam Maintanance Agreement-City of Cherry Hilla Village" at their June 6, 2000 meeting ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : ~ The intergovernmental agreement .. Amendment To Waatewater Collection System Maintenance Agreement -City of Cherry Hilla Village" between the City of Cherry Hills Village and t he City of Englew ood a ttached hereto as "Exhibit A", ia hereby accepted and approved by the Englewood City Council. -1- n1 >1 ~-The Mayor is authorized to execute and the City Clerk i;, a~ and aeal thee "Amendment To Wastewater Collection Syetem Maintenance Apffment-City of Cherry Hilla Village" for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and peaaed on lint n,adim: on the 17"' day of July, tOOO. Published a• a Bill for an Ordinanc■ on tbs 2!1t day of July, 2000. Read by tiUe and passed on final reading on the 7th day of Aucust. 2000. Published by title as Ordinance No.~ Series of 2000, on the 11" day of Auguat, 2000 . I, Loucriahia A. Ellis, City Clerk of the City al Englewood, Colorado, hereby certify ,hat the above and foregoing is a true copy of the Ordinance pased on final reading .......... ~'""""'"'=••·""~.a:, Loucriahia A. Elli, • " '. • • • AMENDMENT TOW ASTIJWATER COLLEQTION SXS'JlEM ' MAINTENANCE AGREEMENT· CJIY OF CHERRY BWLS VJLLAGll 11 J 1 Tbls Amendment to Wutewater Collection System Maintenance Agreement -City of Cherry Hills Village , is made and entered into this , 30TB ' day of MAY 2000, by and between the City of Englewood, a Colorado municipal corporation (hereinafter referred to as "Englewood"), acting by and through 111 duly elected, qualified and authorized Mayor and City Clerk, and the City of Cheny Hills Village, a Colorado municipal coiporaticin (hereinafter called "Cbeny Hills"), acting by and through its duly elected, qualified and authorized Mayor and City Clerk. RECITALS WHEREAS , on October 2, 1995, Englewood entered into a Wastewater Col ection System Maintenance Agreement ("Agreement") with Cheny Hills ; and WHEREAS, pursuant to the Agreement, Cheny Hills granted to Englewood a license, but not ownership of certain sanitary sewer collection facilities consistir:g of approximately 56 accoUDtS and 8,343 linear feet of sanitary sewer line (hereinafter the "Wastewater Collection System ") fonnerly operated by the Chenyridge Water and Sanitation District ; and WHEREAS , pursuant to the Agreement, Englewood annually inspects , flushes and cleans the Wastewater Collection System and responds to all emergency calls , takes appropriate corrective action, and when necessary , locates all sewer lines and answers inquiries concerning the Wastewater Collection System ; and WHEREAS, as part of an ongoing program to consolidate a fragmented sanitary sewer service within Cbeny Hills , Cheny Hills is in the process of acquiring fro m t;me to time, ownership of individual sewer collection systems pre viously owned antl operated by special districts located entirely within Cheny Hills; and WHEREAS , as each such special district is dissolved, its sanitary sewer system is trans fe rred to , and becomes a pan of, the Wastewater Collection System owned by Cheny Hills which transports the sewage collected therein tr Englewood for treatment ; and WHEREAS , Cherry Hills desires to obtain , and Englewood is willing to provide , rou ti ne and non-routine maintenance and repair services with regard to the Wastewater Collection System , as the same may be so expanded from time to time; and n-.Holh\ ...... l•------••••-~ .... - ! t ,., WHEREAS, the panics desire1to amend ·the Agreement tor provi• 1that with the prior approval of the D~r ,of Utilities for Englewpod, Englewood will pro\jidf,routine and non-routine maintenance and repair services with regard to the Cherry Hills Wastewater Collection System as the same is expanded from time to time. I NOW, THEREFORE, in consideration of the promises and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, it is mutually agreed by the parties hereto as follows: 1. The Agreement is hereby amended to include the following additional paragraph no. 18: 18. Coverage for Additiol}.!i to Wastewater Collection Svstem. The Wastewater Collection System which is the subject of this Agreement, may be enlarged, expanded and extended ("enlarged") from time to time by Cherry Hills, with the written consent of the Director of Utilities for Englewood. To so enlarge the Wastewater Collection System, Cherry Hills shall provide the Director of Utilities a written notice of intent to enlarge the Wastewater Collection System that describes, in as much detail as Englewood requires, the nature and extent of the additional sanitary sewer collection system and facilities Cheny Hills wishes 10 bring within the terms and conditions of this Agreement. Englewood shall have 60 days , or such longer period of time as it may require, to respond 10 said request. If Englewood is willing to provide routine and non-routine maintenance services and repairs for the Wastewater Collection System as so enlarged, Englewood will so indicate in writing and will state 10 Cherry Hills the terms and conditions, if any, that must be satisfied before this Agreement ,·,ill apply to the enlarged Wastewater Collection System. At such time as lhe conditions have been fully satisfied, in Englewood's sole discretion, Englewood will issue a notice of acceptance and the additional sanitary sewer system and facilities described in the request shall automatically hecome part of the Wastewater Collection System of Cherry Hills and shall be' subject to all of the terms and provisions c,f this Agreement without any funher action by either Cherry Hills or Englewood. 2. Except as so modified, the Wastewater Collection System Maintenance Agreement -City of Cherry Hills Village, shall remain in full force and effect. In the event of a conflict between the provisions of this Amendment, and the provisions of the Wastewater Collection System Maintenance Agreement. this Amendment shall control. 2 • IN WITNESS WHEREOF, the parties have executed this Amendment u of the day and year tint above written. ATTEST : By : __________ _ Loucrishia A. Ellis, City Clerk ATTEST : By:~ L~ Darlene French, City Clerlc CITY OF ENGLEWOOD , COLORADO , By: _________ _ Thomas J. Bums, Mayor CITY OF CHERRY HILLS VILLAGE '---:___:: --~ By: ~7'-./1- John F. Welborn, Mayor 3 Date July 17 , 2000 INITIATED BY Utilities Department COUNCIL COMMUNICATION Agenda Item 10 a iv Subject Amendment to Wastewater Collection System Maint. Agreement with City of Cherry Hills Village I STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their June 6, 2000 meeting , recommended Council approval of the Amendment to Wastewater Collection system Maintenance • Agreement with the City of Cherry Hills Village . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Cherry Hills Village is in the process of combining small sewer systems operated by individual special districts into sewage collection system owned by Cherry Hills Village . As each distri:t is dissolved, its connector agreement wtth Englewood must be amended . Cherry Hills Village is requesting to contract with Englewood for the same level of service that is currently being provided to Cherryridge sewer collection system acquired by Cherry Hills Village in 1995 . Upon approval of the Amendment to wastewater Collection system Maint~nance Agreement with the City of Cherry Hills Village Englewood can extend sewer maintenance and repair services within the boundaries of Cherry Hills Village . FINANCIAL IMPACT None . LIST OF ATTAC!tMENTS An Ordinanc e for the Amendment to Wastewat e, Collect ion System Ma intenance Agreement with the City of Cherry Hills Villag e