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HomeMy WebLinkAbout1993 Ordinance No. 009ORDJNANr'E NO . :J_ SERIES OF .1193 BY AUTHORITY OOUNCIL BILL NO. I! INTRODUCED BY OOUNCIL IIDIBER HATHAWAY AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OP ENGLEWOOD AND THE CITY OP CHERRY HILLS VILLAGE TO PROVIDE A PORTION OF CHERRY HILLS, KNOWN AS CHERRY HILLS RANCHO, WlTH WATER SERVICE. WHEREAS, the uu which i ■ the ■ulioct rl the contract ii curnntly aupplied waler under contract by Enclewood, throuch the Cheny Hill ■ Rancho S,-; and VHEREAS, Cherry Hills Villap i ■ t,yinf lo oon ■olidate the water di■trict■; and WHEREAS, the Cheny Hill■ Rancho Water Di ■trict woald like lo diuulve the di ■trict, if tho City of Enclewood would agree lo maintain the -line• in Iha Cheny Hilla Rancho Water District; and WHEREAS, Enelewood has the ability and authority to enter into oon tneta for the aele of wator and water aervico ■ outside the City limits of Enclewood under Section 124, Article )CUI of the Englewood Home Rule Charter; and \VHEREAS, the City of Enrlewood necotiated Ynth Cheny Hilla VilJace in order lo develoµ this A,reement which wu approved by the EncJewood Water and Sewer Board on November 12, 1991; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : · ~-Th• A,reement to provide a portion ofCheny Hills Villare, known u Cheny Hills Rancho, ,.,;th water aervico in hereby ac:eepted and approved by the F..nclewood City Council and the Mayor ia authorww\ to uec:ule and the~ Clari< to atteat and aeaJ the Agreement for and on behalf of i.he City of EncJewood, Colorado. Stwmll. The Agreement To Provide A Portion Of Cheny Hills Village With Water Ser vice generally conu.ina as follows : I . Englewood agrees lo furnish water within the Contract Service area known u Cherry Hills Rancho. Enelewood represents that it hu a autrJCient amount of pot.able water to serve the service area. Such water shall be n quality and in quant.itiea as to provide water aervices similar to thoae fumiahed to water uaen inaide Enclewood, without any discrimination against the users in tho Service Atta, •~cept as apecifically provided by th• A,reement and by ordinances of the City u:iatinc u al the date of the AgreemenL 2 ., All of the p i pes, valvea, and other app~rtenan ... , includinc fire hydrant&, uaed in the distn"bu tion of water to the usen in the Service Atta ahall hereinafter be referred to u .. facilit ies." 3 . Cherry Hilla by the Acnement sra,ita and conwy1 t.o E111lewood a lic:en11, but not ownenhip, over all tho water iervice faciliti11 in the Service Area t.o which Cherry Hilla bu acquired ownenhip. Cherry Hilla qree1 that it will not uen:!11 any dominion wh~ over any of water aervice faciliti11 in the Service Area which are inoonsiatent with tho perform,mce by Enclewood of ita riJl,ta and obliption1. It i1 1:;reed that "license; u utetl in the Acreement, shall mean the ript t.o UM, connect, disconn,,ct, modify, rehabili tate, es-tend , enlarp1 nplace, convey, abandon or otherwi II di1po11 of ,my a·•d all of tho water aervico facllitl11. 4. Cherry Hills qree1 that it will uaume ownerahip of any ul1tlnr -1.er maln1 and facilitie s in the Sen-'ce Area. Any additional tervice faciliti11 needed to eerve the Service Area by reason of new construction or ezpanaion of the Semce >ru, ah a!! be constructed t.o then current City of Enii!ewood atandarcb by Cherry Hilla, and Cherry Hill s agreea t.o aeaum e ownership of said facilitin upon deecli111 to Cherry ills by the property owners. Ownership shall be acquired by written conveyance and each such conveyance muat be opprvved by Engl r Nooe! in writinr. 5 . Cherry Hilla agrees to acquire right1-of-ways or eaaementa required by construction of additional facilities, where the facilitie1 are situated on private property or the easement is not of sufficient aiie to allow proper operation, maintenance, and repair of the facilities. Cherry Hills agrees that Englewood is not oblipted t.o enJarce any exi s tinc facilities. 6 . Englewood agrees to operate, maintain, repair and raplace at: facilitin which come under its dominion in the Service Area to the extent that 1uch maintenance i1 necessary to the fumishinJ of potable water service proviJed for in the Acraement and to operate, maintain, and keep a complete invent.o,y of 111ch physical f'acillties as are necessary or desin,ble to accomplish the obliptions it bu undertaken for Cherr; Hills as set forth in the Agreement. Nothing in the Agreement lhall require Enclewood to uperade or enlarge any exillinJ facilitin or to aceept a license or repair and maintain any faci!it;e s of which Cherry Hills has not accepted ownenhip with Englewood's written app·:oval. 7. Englewood may establish, impose and collect fees for the water oervice it provides user& in the Service Area which shall be known u "water aervice charges.• In addition, Englewood may at any time impose other 1uch rates, lolla, charpa or combinations thereof, for granting a user the right lo take water throup the aervice facilities. These charces ab~II be known u "water connection charp1" which i1 a charge se parate from the water service charce, and one does not include the other or any part thereof. 8. Method, of collection and achedules of fees for -ter aervice and connection charces Englewood shall apply to all usen in the Service Area and 1ball be similar lo those imposed by Enelewood to other outside City Areaa . 9 . It ii mutually agreed that over the duration of the Agreem ent change1 will be required in the water service charges for the Service Area. It is therefore llgreed that Enelewood may modify the charces for water service provided herein, in ill di scretion, provided : A . Englewood 1hall give public notice as required by the City of Enclewood Ordinance to make any change s lo the water service or water connection charges. -2- 10. II. B. Englewood ah ■ll h■ve nuenable dlacnt.ion to Hlabliah ■nd app!y, criteria for determininc, for bot.h I.he ayatema inaide and outaidt Enslewood, I.he rate atructure, I.he nece11ary plant, I.he pl ■nt value, ■nd the operation, mainten■nee and depreciation coats. All the ceneral rule ■ and recu)ationa ■nd amendments thereto placed in force by Englewood concerning t.he operation, condit.iona >f Mrvi .. , and procedures relating to the installation of new main linea and t.a pa of I.he Englewood Municipal Water System, shall be u l'ully enforceable in t.he Service Ana II inaide Engle wood . Cherry Hills reteina the full rich! to make and enforce rule ■ not incor.liatent wit.h Englew,IOd'a rulH to Sovern use, of water in I.he Service Area. Cherry Hilla qrees by the e-.ercise of its authority to auist Enelewood in enforcine its ordinaneea and ru!es applicable to the provision of water aervice includinc thoN m■de to protect the purity and safety oft.he water supply, to pn,vent wute of water in tbe Service Aru, to ar ire t.hat t.he installation of water supply facilitiea are tot.he at.ndard• of Englewood, and to aaaure collect.ion of delinquent accounts. Determination of the needs and requin,ments of Englewood and its inhabit.nu with respect to its water syst.e.m is a fact to be determined by the Englewood City Council at Its di scretion, to be uercised from time to time as occasion ma,y requin,. Englewood intends to maintain a ,..ter 1upply adequate to meet the needa of it.c inhabit11.1ts and approved an,as dependent on Englewood fo r auch supply, and acree• to use 1.ll reasonable means to maintsjn a 1urplu1 of water from which to furnish Cherry Hills a nd other contractual users with potable water for normal use. However, t.here are dttu·mstanees which make it uncertain whet.her the supply can alwa,y1 be adequate. fn times of short.see of available water for any reason, aervice to uaen out.ide Englewood Dlust be curtailed and, in the happening .of such .'Vent, ahall be curtailed on the follo-..ing basis, the fint listed curtailment being adopted to meet the least serious situation and the succeeding curtailments beine adopted in addition u the situation becomes more serious, and the last auch curtailment to be invoked only to meet the gravest pos sible si tuation and one which every reasonable precaution will be taken to avoid: A . Restriction of irrigation . B. Prohibition of irription except for commercial greenhouses. C . Proh ibit.ion of every use ucept for domestic uae and of esaential industry. D . Proh ibition of all use outside Englewood ucept c!omestic uaea. E . Prohibition of ■11 uses outsid e Englewood. It i1 un,:entood that curtailmants A.B,C above shall be applied to cu •,tomen in si de t.h • city limits befon, the City shall impose curt.ailment. D and E . Englewood will not implement Subparagre.ph E herecf unless and until it haa implemented Subpo, .irr oph D aa to all service areas withir, and without Englewood and that Englewr,od will treat Cherry Hill s as fa vo rably as it treat, any other aervice IN!a outside of Englewr,od. , -3 - 12. Not withatandin1 any other term or provwon in tho Apoom .. t, it ii ll)ICiflcally undentood and arreed that En1lowood may llllll)lnd tho makinJ r4 any new main extenlion1 and tep1 in the Service Area, provided hoWIYIT, that EncJuwood 1hall be oblipted to uerciae thi1 ri,tlt of 111aponaion .._.,iformly &IIIOIIJ alt r,roea outaide Enelewood which are 1imilorly aituated. Englewood qree1 to pnwide written notice to Cherry Hill, in tni1 matt.er II fftr in advaue u practicable. 13 . .\II water fumi1hed by Englewood under the A,reement i i on a leaaehold bui1 for the ult of the water uaen in the Service Area. Such leaaehold ii for all the various uses for which Englewood hu been decreed the ri,t,t to appropriat.l water. Such ript does not include any ript to make a 1uc,:e11ion ofuae1 ofauch waw and upon completion of the prima,y use of the water, all dominlo·, over the wat,,, IO luaed n,verts completely back to Englewood. Escept al herein and apeciflcally o+..herwiae provided, all property ripta to the water to be fumiahed by En(lewoo. · are reaerved by Englewood. However, nothing herein ahall be deemed or construed crutine an obligotion on Englewood to separate aaid water from any material added to it in uae or as creating any obligation on Engle'Nood regarding purification of the total mua aft.er use. Nothing contained herein 1hall be deemed to impose on the watu uaera any obligation, if it ui1ta, shall not arise out of an)'thin1 contained in the Acreement. It is mutually agn,ed that there is no obligation on Cherry Hilla or on the water aaen with respect to creatin1 any particular volume of return now from water delivered hereunder. 14 . All s ervice facilities inatalled or replaced in the Service Area, ahall be in1talled pursuant to the rules, rt1<Ulotions and 1tandard1 of Englewood and ahall be 1ubject to all rules, ret;'lllations and policies (0Vemin1 their Ille. 15 . No enlargement of the Service Ana or any other amendment of the Acreement shall be made unless it is made by mutual agreement. Such amendment may not be unreasonably withheld by either party. 16 . Cherry Hills agrees that it will neither directly or indirectly furnish, nor authorize the furnishing, of any water service within the Service Area or throueh use of an)' of it.s facilities except as herein provided. Thin limitation dot1 not include applications fo r use of groundwater wells within the Service Area. 1 i . It is agreed that for failure of Cherry Hilla to perform the Agreement in all its essential parts, Englewood may be cauaed to terminate water 1ervice in part or in whole to the Service Area . Prior to 1uch termination, Engltwood ahall provide written notice to Cherry Hills of the deficiencies and provide adequate timt to correct these deficiencies. 18. All amendments to the Agreement muat be in writine ligned by the (Ovemine bodies of both entities, no agent or employee may modify the Agreement or bind the respective parties. 19 . The parties shall not be deemed to have agreed that the benefits and obliptio1. 1 created by the Agn,ement have been modified by any amendment hereafter made to the constitution or laws of the State of Colorado or the Charter of the City of Englewood unless such modifications have been agree;! to by both parties. -4 - 20 . It i1 undentood and ..,.ea to by Enslewood and Cheny Hille that Enslewoocl dOltl "°' hold it.self to be a public utility or ~ to the •ntrol or the Public Utilitle• Commiaaion oflhe Stata ofO1lorado for any purpNI wh~,-. The A,rNment and all parts the~are subject to ■pplicable decision■ of the Supreme Court of the Stale or :.:o!oudo J'eiar,ling lack of juri ■diction or the Public Ub1itin Commission over : .... ,icipal waler ay1lem1 and the ■upply or water therefrom to Ulen outside City 11mit1 . 21. Ch•ny Hill• agree• that there are not any anticipated modillcation, to the current UM! or the land and the present zoning restriction, within the &rvice Area during the duration or the A;:recmenL Jr the current land ue1 or zoning in the &rvice Area i• cl,anged or modified, Englewood hu no obligation to provide additional waler oerviee beyond that required al the time of the aierung of the AgreemenL Cherry ilill• .gree1 to ■ubmit in writing to Englewood any propoull on zoning or land UH chances and the propo .. d effect, if any, on water demand prior to approval or any chani:e in land uoe or zonini: in the Servi C'! Area. 22 . '.so assignmen t by Cheny Hill• or its righll under the Agreement 1hall be binding on llnglewood unle11 Englewood shall have uoenled to such an 1111ignmanl in writing. 23 . Ea<1 , one of the benefi ~• and burden• of the Agreement llhall inure to and be bindini: upon the respective legal repreoentatives, 1ucce11ora a,1d uaign1 or the parties hereto. 24 . Th e term or the >ceement shall be for ten (10) years, begiMing with 1iud effective date of the Agreem,nL Unleos either party notifies the other that ii wi,?ie■ to t,nninate the Agreement, in writing, not less than one year prior to the termination tla te or the Agreement it will autor. ·tically be continued for four (4) additional Ten (10 ) year terms. 25 . Chen;· Hills shall have the ability to levy appropriate and legal charge, on the water bills sen t to the customen within the Service Area. Enslowood qree1 to bill and collect s uch charges and reimburse them to Cheny Hilla. Enslewood llhall have the a bi lity to charge Cheny Hills a water administration fee to bill and collect any such charges . 26 . Th e Agreement specifically supenedes the Distributon Contract No. 7, with Cheny Hill s Ran cho which was signed on June 6, 1966. 27. The parti e• ag,-ee that all prior water oervice agreements including the one dated : Jun e I , 1989, ure hereuy revoked and 1uperoeded by the Agreemenl Introduced , read in run , and passed on fint reading on the 16th day of February, 1993 . -5- Published as a Bill for an Ordinanos on the 18th day of February, 1993. Read by title and palled on final readinc on tl1e lat day of Mardi, 1993. Published by title as Ordinance No .1.. Serie, of 1993, on the 4th day of March, 1993. ATTEST : Wt~~C!ud- Patricia H. Crow, City Clerk I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a t?!f copy of the Ordinance passed on final reading and published by lille as Ordinance No.+ Seriea of 1993. d@L~~ Patricia H. Crow -6- AGREEMENT TO PROVIDE A PORTION OF CHERRY HILL'> VILLAGE WITH WATER SERVICE. THIS AGREEMENT ia entered thia __ day of ___ ~ 199~ by and betwNn the CITY OF E NGLEWOOD C"Enclewood") and the CITY OF CHERRY HILL'> VILLAGE ("Cherry Hills"). WJTNESSETH: WHEREAS, Cherry Hills desires to provide for a aatiafactr,ry and dependable water supply and service for use .within the desi111ated area of the City of Cherry Hills Villace, and WHEREAS, the area ia currently aupplied water by Contract by En1lewood throu,h the Cherry Hills Rancho System, and WHEREAS, Englewood has the ability and authority to enter into contracts for the aale of water and water services outside the City limits of Enelewood wider Section 124, Artkle XIII of the Englewood City Charur, NOW THEREFORE, in consideration of the mutual ae,eements and covenants hereinafter contained, the parties hereto sere• as follow s : 1. Englewood agn,es to furn ish water within the Contract Service Area ("Service Area"), identified in Attachment A and made a part of this Ae,Nment hereto, for all uses and purposes for which Englewood has appropriative Jishta . Enelewood represents that it has a aufficient amount of potable water to aerve the aervice area. Such water shall be a quality and in quantities u to provide water aerviceJ aimilar to those furnished to water usen inaide Enclawood, without any dlacrimination a,ainst the users in the Service Area, ucept u apecifcally provided by this Agreement and by ordinances of the City ofEnclewoo,I · xistinr as of the date of this Agreement. 2 . All of the pipes, valves , and other appurtenances, including fire hydrants, used in the distribution of water to the users in the Service Area shall hereinafter be referred to as "water iervi ce faciJitjes • or •racilities ." 3 . Cherry Hills by this Agn,ement grants and conveys to Englewood a license, but not own ership, over all the water servica facilities in the Service Area to which Cherry Hills has acquired ownership. Cherry Hills agrees that it will not e~erciae any dominion whatsoever over any of water service facilities in the Seriice Area whi~h are inconsistent with the performance by Englewood of its rishts and obligations hereunder. It is agreed that "license," as used in this ·Aereem,:,t, llhall mean the right to use, connect, disconnect, modify , rehabilitate, extend, enlarp, replace, convey, abandon or otherwise dispose of any and all of the ~·ater aervice facilitiu. 4 . Cherry Hills agrees that it will assume ownership of any eidstinr water mains and facilities in the Service Area. Any additional service facilities needed to serve the Service Area by reason of new construction or expansion of the Service Area, llhall he constructed to then current City of Enelewood standards by Cherry Hills, and Cherry Hills agrees to assume ownership of said facilities upon deeding to Cherry Hills by the property own.ra. Own1nhip ahall ~A acquind by writt.n conveyance and each such conveyance mwt be approved by the City of Enrlewood In writine. 5 . Cherry Hills agreu to acquire riiit,ts-of-ways or easements requi·red by construction of additional facilities, where the facilities are situated on private property or the ea5"ment is not of sufficient size to allow proper operation, maintenance, and repair of the faciliti c•. Cherry Hills agrees that Enrlewood is not oblieated to 1nlure any existing facilities . 6 . Englewood agrees to operate, maintain, repair and replace all fncilities which come under its dominion in the Service Area to the extent that such maintenance is necessary to the fumishine of potable water service provided for in this A,reement and to operate, maintain, and keep a complete inventory of such physical facilities as are necessary or desirable to occomplish the obliptions it has undertaken for Cherry Hills as set forth herein. Nothing in this A,reement shall require Enelewood to upgrade or enlarge any existinir facilities or to accept a license or repair and maintain any facilities of which Cherry Hills has not accepted ownenhip with Englewood 's written approval. 7 . Englewood may establi sh, impose and collect fees for the water aervtce it provides users in the Service Area which shall be known as "water ••rvice charres." In ad dition, Englewood may at any tim• impose other such rates, tolls, cha~• or combinations thereof, for eranting a user the right to take water through the service faciliti<s. These charges shall be known as "water connection ch&llle•" which is a charge separate from the water service charge, and one does not include the other or any part thereof. 8 . Methods of collection and schedules of fees for water aervice and connection charges Englewood shall apply to all usen in the Service Area and shall be similar to those imposed by Englewood to other outside City Areas. 9 . It is mutually aereed that over the duration of the Aereement chanres will be required in the water service charges for the Service Area. It is therefore agreed that Englewood may modify the charges for water service provided herein, in its discretion, provided : A . Englewood shall give public notice as required by the City of Englewood Ordinance to mak e any changes to the water service or water connection charges. B. Englewood shall have reasonable discretion to eatablish and apply criteria for dell rmining, for both the systems inside and outside Enrlewood, the rate structure , the necessary plant, the plant v::-J ue, an cl the operation , maintenance and depreciation cos ts. 10 . All the general rules and regulations and amendments thereto placed :n force by Englewood concerning the operation, conilitions of ■ervice, and procedures relating to the in stallation of new main lines and taps of the Enelewood Mw1icipal Water System, shall be as fully enforceable in the Service Area as inside Englewood . Cherry Hills retains the full riiit,t to ma•e and enforce rules not inconsiltent with Englewood 's rules to go ~ern uses of water In the Service Area . Chen)• Hills agrees by the ,xercise of its autl,ority to assist Englewood in enforcing its ordi,,ances and rul es ap~licable to the pnwision of" ,ter service including those made to '?roted the purity ,nd safety of the water supply, to prevent waste of water in the Service Are>!, to -2- 11. 12 . 13. auun that the inatallation of watar 111pply facilitiM an to the 11:ancluda of Enetewood, and to aa,ure collection of delinquant accow,ta. Determination of the need• and requiremenll of Enelewood and ill inhabitanll with reape<t to its water 1y1tam ii a fact to be determined by the r.n,lewood City Council at ita ditcretion, to be eureiaed from time to time aa occuion may nqaire. Enelewood intend• to maintain a water eupply adequata to meet the needt ol'ita inhabitante and approved areu dependent on En1lewood for 1uch 1upply, and_,,.., to UH all reaaonable mean1 to maintain a 1urplua of wat■r from which to fumiah Cherry Hill ■ and other contractual u ■er■ with potable water for normal u■e . However, there are circumstances which make it uncertain whether the 1upply can alway ■ ba adequate. In times of shortage of available water for any reuon, ■ervice to u■er■ outside Englewood must be curtailed and, in the happenina of such event, wll be curtailed on the following besi1, the flr■t listed curtailment beina edopt■d to meet the least serioua situation and the 1uccaedinc curtailmenta being adopted in addition as the sit11ation becomes more ■erious, and the last euch curtailment to be invoked only to meet the gravest possible situation and one which every reasonable precaution will be taken to avoid: A . Restricti on of irrigation. B. Prohibition of irrigation except for commercial 1Tffnhouse1. C . Prohibition of every use except for domestic u■e and of .: .. ntial industry. D . Pro'n ibition of all use outside Englewood except domestic Ull '- E. Prohibition of all u■es outside Enclewood. It is under■tood th;t curtailmenta A,B,C above shall be applied to customer■ inside the city limita before the City ,hall impose curtailments D and E . Enclewood wm not implement Subparagraph E hen!of uni us and until it hu implemented Subparqraph D u to all sel"\;ce areas within and without Englewood and that En,i,•wood will treat Ch,rry Hills as faVtJrably u it tn1ll any other oervice area out.,lide of Englewood. Not withstanding an y other tem1 or provision in this Acnemer.t, it ii, 1pecifically understood and agreed that En1lewood may 1u1pend the makinc ,fa, y new main extensions and taps in the Service Area, provided however, that ~lewood 1hall be obligated to exercise this right of suspension uniformly among all ar~ .. outside 'Englewood which are similarly situated. Eni:lewood ai:rees to provide WT itten notice to Ch erry llills in this matter as far in advance as practicable. All water furnished by Enclewood under this Ac,eement is on a laa■ehold buis for the use of the water user■ in the Service AreL Such leasehold is for all the various use s for which Englewood hu been deaned the ri11!tt to appropriat■ water. Sw:h rii:ht doe~ not include any right to alte a sw:ceuion of ·11.1e1 of ■uch watar and upon completion of the primary u■e of the water all dominion ovar the water ao leued reverts completely back to En lewood. Except u henin and specifically otherwi ■e provided, all property rights to the water to be furnished by Englewood are n ■erved by Englewood. However, nothing herein shall be deemed or construed creatinc an obligation on Englewood to separate said wate,· from any material added to it in uae or as cnating any obligation on Englewood rei:anling purification of the total mass after use. Nothing contained herein sha11 be deemed to impose on the w~ter usera any obligation, if it exists, shall not arise out of anythin g contained in thi s Acnement. It -3- i1 mutually -,-d that there ia no obliption on Ch""7 Hilla or on the -I.er nun with rupec:t to crutins any particular volume of return now from watar delivertd hereunder. 14 . All semce facilitiu inltalled or replaced in the Service Ana, shall be inatalled pursuant to the rcl11, ....,tation1 and 1tandard1 of Enafewood and ahall be IIUbject to all rulu, resulation1 and policiea eovemlns their uae. 15 . No enlarsement of the Bernet Area or any other amendment ofthia Asnement shall be made unless it is made by mutual agrNment. Such amendment may not be un r easonably withheld by either party. 16 . Cherry Hills agrees that it will neither directly or indirec:tly fumiah, nor authorize the fumiahing, of any water semce within the Semce Area or throu,h uae of any of its facilities 11cept as herein provided. Thia limitation dou not includa applications for use of groundwater wells within the Semce Aru. 1;. It is agreed that for failure of Cherry Hills to perform this Agreement in all its es sential parts, Englewood may be ceused to terminate water semce in part or in whole to the Service Area. Prior to such termination, Englewood llhall provide written notice to Cherry Hills of ,ne deficiencies and provide adequate time to correc:t these deficiencies. 18. All amendments to this Asreement must b:, in writinr •icned by the eoveming bodies of both entities, no agent or employee may modify the Agreement or bind the respec tive parties. 19 . The parties ■hall not be deemed to have agreed that the benefita and obliptions created by this Agreement have been modified by any amendment hereafter made to the constitution or law1 of the State of Colorado or the Chartar of the City ofEn,tewood unless mch modification. have been agreed to by both parties. 20 . It is understood and agreed to by En,tewood and Cheny Hilla that En,tewood does not hold itself to be a public utility or 1ubjec:t to the control of the Public Utilitiu Commission of the State of Colorado for any purpo1e whataoever. This A,reement nod all parts thereofare subject to applicable decisions of the Supreme Court of the State of Color11do reprding lack of jurisdiction of the Public Utilitiu Commiaaion ove1 · municipal water systems and the supply of water therefrom to Ulen outside City limits. 21. Che,-ry Hills agrees that there are not any anticipated modifications to the current use of the land and the present zoning restrictions within the Service Area durins the duration of this Agreement. If the current land u1e1 or 1onin1 in the Service Ana i1 changed or modified, Englewood hu no obligation to provide additional watar 1ervice beyond that. required at the time of the aipung of this A(reem""L Cherry Hills agrees to submit in writinr to Englewood any proposala on zonins or land use changes and the proposed effect, if r.ny, on water demand prior to approval of any change in land use of zonins in th• Service AreL 22. No anignment by Cherry Hilla of its rights under this Agreement ahall be binding on Englewood unless Englewood shall have usented to auch an usignment in writing. -4- 23 . Each one of the benoflta and burdena of thiJ A,rHment shall inure to and be blncllnc upon the re1p1ctive lopl rwprnontative1, IUCCUIOn and ualcns of tht parti11 hereto. 24 . The tenn of this A,rttment shall be for ten (10) yean, be(inninc with said tll'tecive date of this A,rtement. Unle11 either party not:iftt1 the other that it wiah11 to terminate this A,rHmont, in writinr, not 1111 than one year prior to tho termination dice of this A,reemant it will automatically be continued for fo ur (4) additional Ten (10) year terms. 25 . Cherry Hills shall have tho ability to levy appropriate and lepl chlll'(H on the water bills sent to the customen within the Service AreL Enelewood qre11 to bill and collect such charps and reimburse them to Cheny Hills. E:, i lewood shall have the abili ty to charre Cherry Hila a water administration fee to bill and collect any such chari:e s. 26 . This Agreement specifically supersedes the Distributon Contract No. 7, with Cherry Hill s Ran cho which wu sirned on June 6, 1966. 27. The parties llf'"te that all prior water service ai:reements includinr the one dated : June l, 1989 , are hereby re•;oked and supened ed by this Arreement. ATTEST : Patricia H. Crow, City Clerk ATTEST : ,Seamry CITY OF ENGLEWOOD, COLORADO Clyde E. Wie(ins, Mayor CHERRY HILLS RANCHO WATER SA .. i1TATION DISTRICT CITY OF CHERRY HILLS lao, C:Z "5su, er e • , Mayor -5 - IOllO:U ATTACHMENT "A" WATE R CONTRACT SERVICE AREA February 16, 1993 HIY,TEDBY STAFF S0C.llCE IBE'ACJlON PROR&D CXXNCL CXIIIMNCA110N 11 a Water and Sewer Board amtect Cheny Hilb Rancho Water Agreement Stewart Fonda, Director of Utilities Staff seeks Council approval of a Bill for an Ordinance approving an Agreement to provide water service to the Cherry Hills Rancho area . FIIMO(lS CXXK:LACnON None. ~ Cherry Hills Village is trying to consolidate its weter districts . The Cheny Hills Rancho Water Oistri •-:t would like to dissolve the di~trict if the City of Englewood would a3ree to maintain the water lines in the district curr,~ntly served by Englewood through private systems. Cherry Hills conveys management. but not ow nership, over all the water service facilities in the service area to which Cherry Hills Village has acquired ownership and which meet current Englewood standards. Englewood has supplied water to this area since 1966. STAFF ANALYSIS Englewood has negotiated with Cherry Hills Village for an agreement acceptable to both parties. A draft of the agreement was approved by the Englewood Water and Sewer Board at their N~mber 12, 1991 meeting. Englewood may establish, impose and collect fees for the water service It provides tile users In the service area . Englewood may modify the charges for services, provided th~t public notice Is given and reasonable discretion is used to establishing the rates i,nd costs . ORDINANCE NO._ SERIES CIF 1993 BY AU'l'HORITY A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE CITY OF CHERRY HILIS VILLAGE TO PROVIDE A PORTION OF CHERRY HILLS, KNOWN AS CHERRY HILI.S RANCHO, WJTfl WATER SERVICE. WHEREAS, the area wh ich is the s ubject of the contract is cum,ntly supplied water under co ntract by Englewood, through the Cheny Hill, Rancho Sy ,tem; and WHEREAS, Cheny Hills V,llaee is trying to con101idat.e lhe water di stricta; and WHEREAS, the Cheny Hills Rancho Water District would like to dia10lve the district, if the City of Englewood would agree to maintain the water lines in the Cheny Hills Rancho Water District; and WHEREAS, Englewood has the ability and autho:ity t o enter into contracts for the sale of water and water services outside the City limi ts of E:O glhO'ld under Section 124, Article JGII of the Englewood Home Rule Charter ; and I WHEREAS, th e City of Englewood negotiated will • Cheny Hills Village in order to develop th is Agreement whic h was appro,·ed by the Englewooc Water and Sewer Board on November 12, 1991 ; NOW, T HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF iNGLEWOOD, COLORADO , AS FOLLOWS: Ss:www.. The Agr ee ment to provide a portion of Cheny Hill a Village, known as Cheny Hill s Rancho, with water se rvire is hereby accepted and approved by the Englewood City Counc il and the Mayor is authorized to ex ecute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood, Colorado. Sw.ilm....2 . The Agreement To Provide A Portion Of Cheny Hills Village With Water Service generally contains as follows: I . Englewood agrees to fumiah wat er within the Contract Service area known as Cheny Hills Rancho. Englewood repreaenta that it has a ■ufficient amount of potable water to serve the service area. Such water shall be a quality and in quantiti es as to provide weter services si mil ar to those furnished to water users inside Englewood, without any discrimi nation against the users in the Service Area , except as specifically provided by the Agreement and by ordinances of the City existing as of the date of the AgreemenL 2. All of the pipes, val ves, and other appurtenances, including fire hy dttlllts, used in the di stribution of water to th e users in the Service Area ,hall hereinafl.er be referred to as "faciliLies ." •I '