HomeMy WebLinkAbout1993 Ordinance No. 010ORDINANCE N0./0_
SERIES OF 1993
BY AUTHORITY .
CO,JNCIL BILL NO . e
INTRODUCED 6Y COUNCIL
WtMBER VAN DYKE
AN ORDINANCE APPROVING A WASTEWATER COl'rRECTOR'S AGREEMENT
BETWEEN THE CITY OF ENGLEWOOD AND THE CITY OF CHERRY HILLS VILLAGE
'l'O PROVIDE CHERRY HILL..~ RANCHO WITH WASTEWATER SERVICE.
WHEREAS, Cherry Hills Village ia tryinc to conaolidate the .. wer diatricta and with the
approval of this Agreement Cherry Hilla Rancho Sanitation District would di11olve ; and
WHPR.EAS , the City of Englewood curnnUy haa a Connector'• Acraemont with Cherry
Hill s R1.11cho which will be void ed upon enactment of the A,reement with Cherry Hill,
Village; however, Wutewater service to thia uea will remain the aame; and
WHEREAS, '-'h•rry Hills Village convey, manag,,ment, b-,t not ownenhip to all the " wer
sen,ce facilitie s in the service area to which Cherry Hills Vi!lage hu acquired ownenhip
and which meet current City of Englewood 1tandards; and
WHEREAS , the City of Englewood owna and operates a .. wap ayatem, including a
se wage t re atment plant which is jointly owned and opented with the City of Littleton; and
WREREAS, the sewage tn,atment plant ia physically able to receive and treat the .. ,.age
from a desi gnsted aren of Cherry Hilla; and
WHEREAS, Cher,y Hills desires to continue to utilize the facilities owned by the City for
the treatment of sewage and the City i1 ,.;mn, to .. rve Cherry Hill, for traatment of .... waee;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADC/, AS FOLLOWS:
Sfwlm..l. The Wastewater Connector's Agreement to provide Cherry Hilla Village witll
wastewater service for an area known as Cherry Hilb Rancho is hereby accepted and
approved by the Englewood City Council and the Ma. -or is authorized to execute and the City
Clerk to attest and seal the Agreement for and on behalf of the City of Englewood , Colorado .
.s.et1iJln.2 . The Wastewater Connector', Agreement renerally contain, 11 follow a:
Th e City of Englewood agrees under the condition, hereinafter aet forth to treat
th e sewage originatlni from Cherry Hilla sanitary .. wer 1y1tern within the
area served by Cherry Hilla aa approved by th, City and known as Cherry Hill a
Rancho .
Cherry Hills apecilically agreH to prevent ••ware from any area, other than
that de sc ribed in the Agreement, from being discharged into Cherry Hill,
sanitary sewage system connected to City's trunk line and to prevent
connection s to the system from or in any area other than tho1e de1<ribed in the
Agreement.
2. In the operation of Ch erry Hill, sanitary Hwer ay,tem, Cherry Hill, agrees
that all applicable Code provisions and rules and rerulationa of the City,
includi111 am1ndm1 ,nta thereto durina tht tarm of tht Contract, aha.II be the
minimum. atandard'a for Cheny Hill '■ ayatem . Cheny Hilla 1\1.--thtr ..,..., to
abide by an applicable atate and federal lawa , rulea, reculationa, or permita,
lncludine tho ■e or Uie EPA u they become efl'ective or lmplement.od or upon
notice from th e City . Cherry Hill ■ •h!ll inform all uur■, contractor■ and
aubcontractor ■ or ■u.ch atandarda, rulea and ...,.,1at1ona upon Inquiry from
ruch peraon ■, and ,hall not furniah any Information inconaiatent therewith .
In th i ■ re,an!, it ahall be the reaponaibility of Chany Hilla to obtain from the
appropriate eoverninl body the applicable requirementa. 'nie City ahall
attempt to maintain and provide all requirementa to Chany Hill■; however, the
City does not auarant.ee the accuracy or completenea ■ of eovemment
regulation• other than the City'a own reeul•t.iont .
3. In regard s to tt.• provi si on of ■ewer 1ervice, the Ci "V '• permittina requirementa
ahall be followed by Cherry Hill ■ and its usen. Al ! .ewer plana, apecificationa
and methods of ,rk within Cherry Hill ■ shall be aubmitted to the City In
writing and approved by the City prior to any conatruction or tap in the Cherry
Hills designated area. No permit shall be final and no aervice ahall be
provided to property until construction is approved In writ.i111 by the City .
4. Cherry Hills shall be ,,,. , nsibl e for the proper maintenance or it,, sewer
sy st em and shall rectify any problems or conditioo.s whi rh have been
dete rmined by Cherry Hill s or the City to be detrimontal to City's treatment
pr ocess . It is noted that the City will be signinc an ac,eement to provide
main t. ,ance of Cherry Hills sewer system. Should th e City determinie tha t any
discharge enters the sewer system contrary to applicable laws, ordinances,
statutes, rul es, regulat ions or permits, Cherry Hill s agrees to pre<eed at once to
take whatever lawful mean s may be necessary to rectify any ■w:h problem or
condition .
5. The Ci ty shall have the right to allocate service under the Con tr<.ct, and the City
may deny additional service ior any utility-related reaaon, but in no event will
City t erm inate or refu se any service without cause . Th e City ahall have the
righ t to di sconnect service to any area annexod by Cherry Hilla when auch
anne xati on takes place without prior written City npp,:oval
Cherry Hills shall provide the City within 1 year of the Agreement, an estimate
of the number of equivalent service taps needed for the neit 5 years under
curren t zoning and pla nned build out in Che rry Hill a area. Cheny Hilla ahall
mon itor zoning changes within its area to estimate its tap requ irem ents and
pro vi de City with notice of tap requ irements for the nut 5 year period or time in
a fo rm aetiafactory to th e City . Notice of th ese requirements aball be civen to the
City on each ann iven ary date of th e Acreement.
6. The City ma y impose an d collect reasonabl e fees, tolls and charg,,s, which
shall be uniform as to all outaide-City us en for th e service , provi ded by the City
unde r the Connector's Agree ment.
The City shall bill Cherry Hill s users directly for all applicable City charge&
for services rendered under th e Agree ment. Should any 11aer not pay City , the
City shall bill Ch erry Hilla and Cherry Hill s shall pay to City within 45 daya of
such bill ing th e amou nt du e. Th eae chareea are subject to 81\justment from
tim e to tim e by City ; when auch charges are ch anged, the City shall give Ch erry
Hill s 45 days ad vance written notic.e.
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7. The term oflhe A,rffment ia for a pe•'ocl ol'3 ,-an ft-om the data o!'utclltion
and aulllmalieally renewed for 8 IW>Nqlllnt 3 ;year period, unle11 either party
sive• a minimum of 6 month, written notice, dwinr which time Cherry Hilla
arree• that all effluent productd from tapa within Cherry Hilla lhall not be in
violation of any federal, wato or City law,, nilu or nculationa, or any other
applicable rovemmental regulaliona 01 the permita under which the City
operate• ita aeware treatment ayatem . The City......, durlnr the term of the
Contract, to treat ,itd effluent end to maintain ad11quato facilitiea for treatine
of the aame.
8 . Tho City in providinr only NWlfl treatment 11rvica and punuant thereto,
permits incidental uae of City'• 11ware Un .. anly lrJ the individual contract
,..;th Cheny Hilla and doe• not, by the contract, oft'or tre1:ment aervice except in
strict accordance with the term, of the Contract. The ConL '8ct doea not offer,
and shall not be construed as offering, aeware treatment aervice to tho public
generally or to any area oullide the limit• of the Cherry H,lla aervice area as
deacribed in the ContracL
9 . The Contract may not be aauigned, sold or tranaferred by Cherry Hilla without
City\ written consent.
10. Should any federal law, nile, perm it or regulatim or lhould a decne or order of
a court render void or unenforceable any provi,iona of the Contract, in whole or
in part, if pouible, the remainder shall be of fl.II force and effect.
11 . Cheny Hills shall enforce the Agreement and each of ill terms and conditions
within the area described u Cherry Hills Rancho. Cheny Hills shall refuae to
serve a user or potential user, disconnect the service of any user pursuant to
appropriate law, or take other 1ppropriale action in the event of:
a . Nonpayment by such user of any charge made by the City for aervices ;
b . Any violation or noncompliance by such user with the lerma of the
Agreement:
c . Violation or noncompliance by such uaer with the applicable laws, niles,
permill or regulation, of the City, the United Stales BOVemment, including
the EPA, the Stale of Colorado , including the Department ofH,alth, or other
law, rule, permit or regulation applicable.
d . Continued breach of the Agreement by Cheny Hilla and/or ita 111en shall be
considered cause for the City to terminate the AgreemenL
Should Cherry Hill s fail to promptly re.-tify a breach of those provisions
identified in the Agreement, al\er notice thereof, the City may take ouch alepa
and do such work as ii deems necessary to enforce the Agreement, including
litigation and specifically a right lo injunction or specific performance against
Cherry Hills or nay ofils users as is necessary lo protect the City's system and
operations . The prevailing party shall be entitled to upenaea and coals of auit,
including attorney fees. Should more than one district be connected lo ~ s•;ver
line, all districts on the line ,hall he jointly and severally liable for any breach
of the Agreement and each such district shall immediately, after notice, rectify
any problem or condition detrimental to the treatment proceu arising within
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ita Jqal boundarie ■. The City ahall not be required to prove which dlatrict i• at
fault but ahall make available to all 111ch afl'tcted dl1tricta aD information
developed or accumulated by the City pertainlJII to 111ch brach. Nothln1
contained horein lhall pndude a claim for indemnity or contribution by any
Dilltrict a,ainlt another Dillrict connacted to a common nwer line.
C.R.S . 13-21-llU ,hall eovem the p1rcentqe otliability of any dlltrict on a
common aewer lina in Iha avtnt Iha City -111 to lmpon liability band upon
negli,cnce or faull .
12 . The Contrect 1hall not be 111cd u a Jei:al defenae or prohibition to the mandatory
con so idation or facilities by either party as may be required by the laws of the
State or Colorado of all 111i1tine HWlf collection l)'llem1 and facilitie■ to a
governmental entity created to u111me re1ponlibility for aewer aervice in the
area in which \>oth City and State are a part under ltatutory or conatitutional
authority •• maybe the cue.
Introduced, read in full, and passed on first readin1 on the 16th day of February, 1993.
Published as a Bill for an Ordinance on the 18th day of February, 1993.
Read by title and passed on final reading on the ht day of March , 1993.
Publi shed by title as Ordinance No /L2.... Serie■ or 1993, on the 4th da) of March, 1993.
ATTEST :
~-.. ,,1 ;1_/r ,..r ~Lq__-_(.)t.fi
Patrici a H . Crow , City Clerk
Oo~er 6~ ',
Clyde E . Wigi~or
i , Patri ci a H. Crow, City Clerk of the City of Englewood, Colorado, hereby certify that the
ab ove and forei:oini: is a try! copy of the Ordinance paned on final readln1 and published
by title a s Ordinance No. f..Q, Series of 1993.
~-~
Pabicia H. Crow
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WASTEWATER
CONNECTOR'S AGRE!MENT
sewer Contract No.
THIS AGREEMENT, made and entered into this day of _______________ , 19 by·"""'a_n..,d....,.b_e..,.t_w_e_e_n
the CITY OF ENGLEWOOD, COLORADO, a municrp.r-corporation,
here i nafter referred to as "City,• acting by and through its
duly elected, qualified and 3Uthorized Mayor and City Clerk,
and City of Cherry Hills Village, a municipal corporation
of the State of Colorado, hereinafter called "Cherry Hill ■,"
a c ~i n; by and through its authorized Mayor and City Clerk;
WIT!'IESS£TH
WHEREAS, the City owns and operates a ■ewage system,
including a sewage treatment plant which is jointly owned
and operated with the City of Littleton, ao situated
phys i cally as to be able to receive and treat the sewage
from a designated area of Cherry Hilla; and
WHEREAS, it is the desire of Cherry Hills to utilize
the facilities owned by the City for the treatment of s ewage
and the City is willing to serve the Cherry Hills for
treatment of sewage under certain conditions;
NOW, THEREFORE, 1 14 CONSIDERATION of the promises and
for other good and valuable consideration hereinafter set
forth, it is mutually agreed by the parties as follows:
1 . The city hereby ~grees under the conditions hereinafter
set forth to treat the sewage originating from Cherry Hills
sani tary sewer system within the area served by Cherry Hills
as approved by the City, as indicated in t he descriptions
attached hereto marked Exhibit A.
Cherry Hills sr,ecifically agrees to prevent ■ewage from any
area, other th~n that described herein, from being
discharged into Cherry Hills sanitary ■ewage system
connected tc -:it.y's trunk line and to prevent connections to
the system from or in any area other than those described
herein.
2 . In the operation of Cherry Hills sanitary sewer system,
Cherry Hills agraP.s that all applicable Code provisions and
rules and regulations of City, including amendments thereto
during the term oi: t!'.la contract, shall be the minimum
standards !or Cherry Hill's system. Charry Hills further
agrees to abide by all applicable state and federal lawa,
rules, regulations, or peri:iits, including those of the
Environmental Protection Agency (the EPA) as they become
e!fective or implemented or upon notice from the City.
Cherry Hills shall inform all users, contractors and
subcontractors of such standards, rules and regulations upon
inquiry from such persons, and shall not furnish any
information inconsi stent therewith. In ti.is regard, it
shall be the responsibility of the Cherry Hills to obtain
from the appropriate governing body the applicable
requirements. The Ci~y shall attempt to maintain and
provide all requirements to Charry Hi lls; however, City does
not guarantee the accuracy or completeness of government
regulations other than the City's own regulations .
3. In regards t o the provision of sewer service, the
City's per::,itt i ng requirements shall be followed by Cherry
Hills and its users. All sewer plans, specifications and
methods of work within Cherry Hills shall be submitted to
the Ci ty in writing and approved by City prior to any
construction or tap in the Cherry Hills designated area. No
permit shall be final and no service shall be provided to
p~operty until construction is approved in writing by City.
4. Cherry Hill~ shall be responsible for the proper
maintenance of its sewer system and shall rectify any
problems or conditions which have been determined by Cherry
Hills or City to be detrimental to City's treatment process.
It is noted that the City will be signing an agreement to
provide maintenance of Cherry Hills sewer system. Should
the City determine that any discharge enters the sewer
systen contrary 'to applicable laws, ordinances, statutes,
rules, r ~gulations or permits, Cherry Hills agrees to
proceed at once to take whatever lawful means may be
necessary to rectify any such probl~m or condition.
s. City shall have the right to allocate service under
this contract, and city may deny additional service for any
utility-related reason, but in no avant will City terminate
or refuse any service without cause. City shall have the
r i ght to disconnect serv ice to any area annexed by Cherry
Hills when such annexation takes place without prior written
Ci t y a pproval.
Cherry Hil l £ shall provide City within one year of this
agr ■em ■nt, an estimate of the numb e r of equivelent ••rvice
taps nee ded fer the next five (5) years under current zoning
and planned bu i l d out in Cherry Hills ar ■a. Cherry Hills
shall mon i tor zon i ng changes within its area to eetimate its
tap requ i rements and provide City with notice of tap
requirements for the next five year period of time in a form
satisfactory to the Ci ty. Notic ■ of th••• requir ■nents
shall be g i ven City on ■a ch anniversary data of this
agree:n e nt.
6. Ci t y may i mpose a n d coll ■ct r ■asonable f ■es, toll• end ·
c ha r ges, wh ich s h a l l be un i form as to all outsid ■-City users
f or the ser vic es provided by the City under thi• Conn ■ctor's
Agreemen t .
Ci t y sha l _ bil l Cherrt Hil ls users directly for al l
a pp licabl e City c h arges for se~vices rendered under this
Agreement . Sho uld any user n ot ~~y City , City shall bill
Cherry Hi l l s a nd Cherry Hills shall pay to Ci ty within 45
days of s u ch bi lli ng the amount ~u ■• Th es ■ charges ar ■
subject to adjust:nent from time t~ time by City; wh ■n euch
c harges are changed , Ci ty shall give Cherry Hills forty-five
(45 ) da y s adv ance wr i tten no~.i ce .
7. The term of this Agreement is for a period or thr•• (3)
years from the date of execution and 1n1tomatically renewed
for six (6 ) subsequent three-(3) -year periods unless
either party gives a mi nimum of sl :l months writtr.n r,otice,
dur i ng wh i ch t~me Cherry Hill~ agrees that all effluent
produced from taps within Cherry Hills shall not bf' in
v i olation cf any federal, state or City laws, rules or
regulations, or a ny oth er applicable governmental
regulations or t h e per:nits under which the City op ■rat•• its
sewage treatment system. C:'.~y agree!, during the term
hereof, to treat saiu effluent and to maintain adequate
facilities for treating of the same.
s . City i n providi ng only sewag~ treatment service and,
pursuant thereto, permits incident,·l use of t::ity's sewage
l i nes only by th i s individual c~ntract with Cherry Hille and
does not, by this contract , offer treatment service except
in strict accordance with the terms hereof. This contract
does not o f fer, a nd shall not be construed a$ offering,
sewa g e treatment service to the public gen ■ra ~ly or to any
area outs i de the l im i ts of the Cherry Hills service area
here i n described .
9 . Th i s contra ct ma y not be assigned, sold or transferred
by Che rry Hi lls wi t h out City's wr i tten consent .
10. Should any fadaral law, rule, permit or regulation or
should a dacraa or order of a court render void or
unenforceable any provisions of this contract, in whole or
i n part , if possible, the remainder shall be of tull force
and a!!ect .
ll. Charry Hills shall enforce this agreement and each ot
:~s terms and conditions within th• area described in
hibit "A." Cherry Hills shall refuse to serve a user or
potcr tial user, disconnect th• service of any user pursuant
to a ppropriate law, or take other appropriate action in the
e vent of:
a. Nonpayme nt by such user of any charge made by City tor
services;
o . An y violation or nonco~pliance by such user with the
te:~s of this agreemen~;
c. Vio l ation or noncompliance by auch user with the
a pplicable laws, rules, per~its or regulations ot the City,
the united States government, including the ~PA, the State
of Colorado, including the Department of H, .ith, or other
law, rule , permit or regulation applicable .
d. Co ntinued breach of this Agree~ent by Cherry Hills
and/or i ts user s shall be considered cause tor the city to
terminate this Agreement.
Should Cherry Hills tail to promptly rectify a breach of
t~~c~ ~revisions identified herein, after notice thereof,
City may take such steps and do such work as it deems
necessary to enforce this agreement, including litigation
and specifically a right to injunction or specific
performance against Cherry Hills or any of its users as is
necessary to protect the City's system and operations. The
prevailing party shall be entitled to expenses and coat• of
suit, including attorney tees. Should more than one
district be connected to a sewer line, all districts on the
line shall be jointly and severally liable for any breach of
this agreement and each such district shall immediately,
after notice, rectify any problem or condition detrimental
to the treatment process arising within .its legal
boundaries. City shall not be required to prove which
district is at fault but shall make available to all such
a ff ected districts all information developed or accumulated
by City pertaining to such breach. Nothing contained herein
shall preclude a claim for .indemnity or contribution by any
District against another District connected to a common
sewer line . CRS-lJ-21-111.s shall govern the percentage of
liability o f any d istrict on a common sewer line in the
event the City seeks to impose liability based upon
negligence or tault.
12. This contract shall not be used as a legal defense or
prohibition to the mandatory consolidation ot tacilities by
either party as may be required by the laws ot the State ot
Colorado ot all existing sewer collection systems and
facilities to a governmental entity created to ass\lllle
responsibility tor sewer service int~• area in which both
City and state are a part under statutory or constitutional
authority as may be the case.
ATTEST: CITY OF ENGLEWOOD, COLORADO
Ci t y Clerk Mayor
CHERRY HILLS
ey_i--Cj2. ~ .. 10
CO NN ECT
IOlfOH
ATTACHMENT "A"
WASTEWATER COLLECTION CONTRACT
SERVI CE AREA