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HomeMy WebLinkAbout1993 Ordinance No. 011ORDINANCE NO . IL SERIES OF 1993 BY AUTHOIUTY COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE APPROVING .".. WASTEWATER COLLECTION SYSTEM MAINTENANCE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE CITY OF CHERRY HILLS VlLLAl'lE TO PROVIDE CHERRY HILLS RANCHO WITH WASTEWATER MAINTENANCE SERVICE . WHEREAS , Cherry Hill ■ Village i1 the owner ar a wutewater collection ■y1tem within Cherry Hills which ha ■ been owned and operated by the Cherry Hill ■ Rancho Water and Sanit.ation Di ■trict ; and WHEREAS, Cherry Hills Villal" doe ■ not c:urrent.ly own or operate any wutewater collection maintenance equipment; and WHEREAS, with approval of this Agrument the c;ty mEnglewood would rrovide wastewater collection 1y1tem maintenance for Cherry Hilla Villaee to an area known u Cherry Hills Rancho Diotrict; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sfililm..l . The Wutewat.er Collection Sy■t.em Maintenance Agreement to provide Cherry Hills Village with wutewater mainter,anee service for an area known u Cherry Hilla l\ancho is hereby accepted and approved 1.,-y the Englewood City Council and the Mayor i1 authorized to execute and th e City Clerk to alt.eat and eeal the Agreement for and on behalf of th e City of Englewood, Colorado. · ~-The Wa.t.ewat.er Collection Syst.am Me1rtenanee ."«reement gererol!ly co ntain s as follows : I. The City or Englewood shall provide maintenanee, repair and replacement aervices for the Cherry Hills Collection System urea known aa Cherry Hilla Rancho. 2. Cherry Hills agrees that it will uaume owner■hip of any exiatinc wastewater collection facilities within the Collection Sy ■t.em to facilitate a maintenance agreement with Englewood. Any additional aervice facilities needed to aerve the area 1hall be conatructed t.o the City of Enclewood standards by Cherry Hills, and Cherry Hilla acree• to auume owner■hip of the facilities of the Collection Sy 1t.em upon deedinc to Cherry Hill ■ by the property owner■. Ownership shall be by written conveyance and each ouch conveyance must be approved by Engle-.ood . 3. Cherry Hill s Villag~ ■hall continu,• t.o own the Collection Syatem . Any right• of-way utilized by the Collection •:,atem ahall continue to be held in Cherry Hills' name and shall be maintained hy Cl ,e rry Hilla. Cherry Hilla further agrees to acquire and hold rights-of-ways or euementa of aufficient size to permit operation and ma intenan ce activitie1 on any private property where existing facili:.:.,s are located . 10 C ◄. Cu114rner1 on th• Collection Syatem ahall have additional reea added 14 their uiatinr wutawater lrealment billa 14 cover the coat or inovidlnc thia maintenance nrvice. The amount for maintenance 11rvic11 ahall be at the aame rote that ia charged 14 cu,14men within the En,tewood wutawater collection aen ,<e area . Th e rate may be chanpd from time to time, but the amount ahall be the aame amount charged to other cuatomera who receive waatewater collection 1Y•tem maintenance mnn Enrlewood. 6. Cherry Hilla, by the Aareement rrenta a11d conveye to En,tewood a licenn, but not ownenhip, over all the wastewater facilitiH In the Collection Syetem, Cherry Hilla qreea that it will not eurciae any dominion whataoever over any or the wut.ewater colle<tion faciliti11 in the Collection Syatem which sre incon1i1tence with the performance by En11lewood or ita' riehta and obligation, hereunder. It ia agreed that iicenae," u ueed in the Agreement, ahall mean the rirht 14 uae, connect, di sconnect, modify, rehabilitate, ext.end, enlarge, replace , convey, abandon, or otherwiae diapoae or any and all or the wastewater fadlitics. 6 , All direct coats of street cull and p,rmita nece11ary for mainter.ance for the Collection Syatem ohall be aeparately charsed 14 Cherry Hille. 7, Cherry Hilla agree, that Englewood i1 not obligated 14 enlarge any exiating racihties in the Collection System , 8 . The Agreement is contingent on Cherry Hilla havinr a current Standard Connecl4n Agreement with Englewood . If the Standard Connecton Agreement upirea and ia not renewed, Englewood bu the option or discontinuing maintenance aervice to the Collection Syetem, and ceaae COUectin& fees for the m11intenance service. 9. All general rulea and regulations amendmenta thereto placed in force by Englewood conceminr the op,ntion, condition, or eervice, and procedure• relating to the installation of new aervicea in the Collection Synem, lhall be as fully enforceable in the Collection Syatem II in Enrlewoocl . Cherry Hill, retains the run ri,t,t to make and enforce rulea not inconaiatent with Englewood's rules to govern uae or the waatewater collection facilitiea in the System . Cherry Hilla agrees 14 exercise ita' authority 14 auiat Englewood in enforcing its' ordinances and rules including tho1e made to protect the collection and trenaport ay•tema and the treatment facilitiea, and to a ■aure that any new inatallations in the Collection Syatem are to the atandarda of Englewood, and 14 auure collection of delinquent accounta. 10. The provi1ion of maintenance aervice1 by Enrlewoocl for the Colle.-ta on . System does not releue Cherry Hilla from aatiaf,rinr the reaponaibilitiea and obligations aet forward in the Standard Connecton Ar,eement, nor d~a it incur upon Englewood ·,ny li•bilitiea reaulting f,11n the maintenance of the Collection System. 11. No enlargement of tltt Cc :ecti on ayatem or any other amendmtnt of the Agreement ahall be mad• unle11 it ia by mutual qreemenL 12 . It is agree d that for failure of Cherry Hilla to p,rform The Agreement in all its essential part,, Englewood may IA!rminate wulA!water collection -2- maintenance to the Collection Syetem. Prior to lluch termination, En,lewood oh all provide written notice to Cherry Hill ■ of th ■ deflcler,117 and provide adequate time to cornet the11 deflciencie1 . 13 . The term of the Agreement 1hall be for 10 yun becinni111 form the eft'ective date of the Ae,eemenl Unleaa written notification i ■ elven by ■ith tr party in writing one year prior to the endi111 of the tarm oftha Agreamant, th ■ Agreement ■hall automatically be renewed for 4 ■ubaaquent 10 year tarm1. Cherry Hilla or Englewood may c!iaeonti n ue the Acraament at any time with written notification not le11 than 1 year prior to the dulred enclinr date . 14 . Cherry Hilla 1hall have the ability to place appropriate and lepl ebarpt on the aewer bill1 aent to the cuatomen wiO,in the aemce area. Engle\Yood agrees to collect 1uch charcu and reimbune them to Cherry Hill1. Englewood shall have the ability to charce Cherry Hlll1 an adminiutrative fee to bill and collect any s uch chargu. 15. In the event that any provision, of the Agreement are in conflict with the Standard Connector'• Ae,eement of Cherry Hilla Village, the Connector's Ag,-eement 1hall govern. Introduced, read in full , and paa■ed on lint reading on the 16th day or February, 1993. Published as a Bill fo, an O,dinance on th e 18th day of February, 1993. Rea d hy title and passed on final ,eading on the 1st day ofMaTCh , 1993 . Published by title as Ordinance No. /L.., Series of 1993, on the 4th day ofMBRh, 1!193. ATTEST : 0fzk&J£' flcJ Patricia H. Crow, City Cle,k I, Patricia H. C,ow, City Clerk of the City of Englewood, Coloredo, heTOby certify that the above and foregoing ia a true copy of the O.dinance paaatd on final ,eading and publi1hed by title as O,dinance No. JL, Series of 1993. ~~ Patricia H. Crow -3- WASTEWATElt COLLECTION SYSTEM MAINTENANCE AGREEMENT CHERRY HILLS RANCHO AN AGREEMENT, dated this day ot , 1992 between the City ot Cherry Hilla Village (Cherry Hilla) ~nd the City ot Englewood (Englewood), regarding th• maintenance ot a certain wastewater collection system: WHEREAS, Charry Hill• is the owner ot a wastewater collection syatam (Collection system) within Cherry Hill• that hereto before had been a system owned a operated by the Charry Hills Rancho Water and sanitation District , shown in Attachment A, and WHEREAS, Cherry Hills does not currently own or operate uny was t e water collection maintenance equipment, and WHEREAS, Englewood owns and operates maintenance equipment for a reg ional wastewater collection system located within the Ci ty of Englewood in accordance with State and Federal regulations. NOW, THEREFORE, Cherry Hills and Englewood hereby covenant and agree that: 1 . Englewood shall provide maintenance, repair and replacement services tor the Collection System, as shown in Attachment A, as needed to insure eff i cient, continuous and economi cal service with Cherry Hills collection system. 2. Cherry Hills agrees that it will assuH ownership of any existing wastewater collection facilities within the Collecti on System to facilitate a maintenance agreement with Englewood. Any add i tional service facilities needed to serve the area shall be constructed to Engl.1w00d standards by Cherry Hills, and Cherry Hills agrees to assume ownership o f the facilities of the Collection System upon deeding to Cherry Hills by th• property owners. Ownership shall be by written conveyance and each such conveyance must be approved "Y ngl ewood. J , Cherry Hill s shall continue t o own the Collection s ystem . Any ri.ghts-ot-way utilized by the Collection system shall continuP. to be heli in Cherry Hills' name and shall be maintained by Cherry Hills. Cherry Hills further agrees to acqu ire and hold rights-ct-ways or easements ot ■utticient size to pe rmi t operation and maintenance activities on any pr ivate property where e~isting facilities are located . 4. customers on the Collection System shall have - addit i onal fees added to their ex i sting wastewater treatment b il ls to cover the cost ~t providing this maintenance ■ervice. The amount add ■d for maint ■nanca ■ervic ■■ ■hall be at the same rate that is charged to cu ■tomer■ within the Englewood wastewater collection service area. The rat ■ may be chang ■d from time to time, but the amount ■ball be the same amount charged to other customer ■ who r ■ceiv ■ wastewater collection system maintenance from Englewood. s. Cherry Hills, by this agreement qrant ■ and conveys to Englewood a license, bu t not ownership, over all the wastewater facilities in the Collection System. Cherry Hills agrees that it will not exercise any dominion whatsoever over any of the wastewater collection facilities in the Collection system which are inconsistence with tbe performance by Englewood of its' rights and obligation ■ hereunder . It is agreed that "license," as used in this Agreement, shall mean the right to use, connect, disconnect , modity , rehabilitate, extend, enlarge, replace, convey, abandon, or otharwis~ dispose of any and all of the wastewater facilities. 6 . All direct costs of street cuts and permits necessary for maintenance for the Collection System shall be separately charged to Cherry Hills. 7. Cherry Hills agrees that Englewood is not obligated to enlarge any existing facilities in the Collection System. 8 . This agr e ement is contingent on Cherry Hills having a current Standard Connectors Agreement with Englewood. If the Standard Connectors Agreement expires and is not renewed, Englewood has the option of discontinuing maintenance service to the collection System, and cease ·collecting tees for the maintenance service, 9. All general rules and regulations amendments thereto placed in force by Englewood ~oncerning the operation, conditions of service , and procedures relating to the installation of new services in the Collection System, shall be as fully enforceable in the Collection system as in Englewood . Cherry Hills retains the full right to make and .inforce rules not inconsistent with Englewood's rules 1;o govern use of the wastewater collection facilities in the System. Cherry Hills agrees to exercise its' authority to assist En •Jlewood in enforcing its' ordinances and rules i ncluding those made to protect the collection and transport systems a nd the treatment facilities, and to assure that any new installations in the Collection System are to the standards of Englewood, and to assure collection of delinquent accounts. 10. The provision of maintenance services by Englewood for the Collect ion system does not release Cherry 'Hills from satisfying the responsibilities and obligations srt forward in the Standard Connectors Agreement, nor does it incur upon Englewood any liabilities resulting from th• maintenance of the Collection System. 11. No enlargement of the Collection system or any other amendment of this Agreement shall be made unless it is by mutual agreement. 12. It is agreed that tor failure of Cherry Hills to perform this Agreement in all its essential part ■, Englewood may terminate wastewater collection maintenance to th• Collection System. Prior to such termination, Englewood shall provide written notice to Cherry Hilla ot the datficiency and provide adequate time to correct the•• d.ficiencies. 1 3. The term of this agreement shall be f •)r ten \10) years beginning fr om the effective date of this agre"ment. Unless written notitication is given by either p1,rty in writing one year prior to the e nding of the term of t '.1is agreement, this agreement shall auto~atically be renewed !or tour (4) subsequent ten year I •~m ■• Cherry Hilla or Englewood may discontinue this ag.e~ment at any time with written notification not less than one year prior to the desired ending date. 14. Cherry Hills shall have the ability to place appropriate and legal charges on the sewer bills ■ent to the A customers within the service area. Englewood agrees to W collect such charges and reimburse them to Cherry Hills. Englewood shall have the ability to charge Cherry Hills an administrative tee to bill and collect any such charges. 15. In the event that any provisions of this agreement are in conflict with the Standard connector's Agreement of Cherry Hills Village, the Connector•• Agreement shall govern. CITY OF CHERRY HILLS VILLAGE Joo, CZ ~01,eCese: Mayor Date CITY OF ENGLEWOOD Ma yor -ClydP. E. Wiggins Attest Date Date CHHILAGR I 10nou ATTACHMENT "A" WASTEWATER COLLECTION CONTRACT SERVICE AREA DIiie February 16, 1993 Nn\TB>BY BrAFF SCXRCE 1!18(£1ACTION PROl'OSED CDCl'ICL ~TICIN 11 b Water and Sewer Board aabtDct Cherry Hills Rancho W11Stewater Collection Agreement Stewert Fonda, Director of Utilities Staff seeks Council approval of an Agreement to provide wastewater service to the Cherry Hills A Rancho area . Attached are two ordinances: one approving an agreement to .,rovide WIIStewater W service ; the other approving the 11SSOCiated maintenance agreement. FIE\'ICXIS OXNCI..ACTlON None . IWJ«RXN) Cherry Hills Village is trying to consolidate its sewer districts. The Cherry Hills Rancho Sanitation District would like to dissolve the district if the City of Englewood would agree to maintain the sewer lines in the district currently served by Englewood through private systems . Cherry HIils conveys management, but not ownership , over all the sewer service facilities in the service area to wh ich Chr!,')' Hills Village has acquired ownership and which meet cu~nt Englewood standards. As a result of this agreement, the Cherry Hills Rancho District wiU be dissolYed and the current Standard Connector's Agreement with Cherry Hills Rancho will be voided. A new Connector's Agreement with the City of Cherry Hills Village will be enacted . Englewood has provided WIIStewater services in this area since 1973. BrAFF ANALYSIS -Englewood has negotiated with Cherry Hills Village for an agreement acceptable to both parties. A draft of the agreement war approved by the Englewood Water and Sewer Bollrd et their Novemb~r 12, 1991 meeting. Englewood may establish , impose and collect fees for the sewer service it provides the users in the service area . Englewood ma:1 modify the charg<,s for services, provided that public notice is given and reasonable discretion is used for establi f-hing the rates and costs .