Loading...
HomeMy WebLinkAbout1993 Ordinance No. 036ORDI NAN CE NO.~ SE RIES OF 1993 COUNCIL BILL NO . 38 INTRODUCED BY COUNCIL MEMBER HABE NICHT AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND SOUTH E NGLEWOOD SANITATION DISTRICT NO . I FOR MAINTENANCE OF SEWER LINE OF THE DISTRICT LOCATED WITHI N THE CITY BO UN DARIES. WHEREAS, th e City of lln glewood and South Englewood Sanitation Di stri ct No . I wi sh to e nter jnto r,n agreeme nt ,;herehy the City will take over the sewer lin e maintenance for that area of the South Englewood Sanitation District No . ! loca ted within the Cil.• boundaries; an d WHERLAS, the City wi ll annually cl ean and inspect all District lines, respond to all emergency call s, t ekn co rrective action and an swer all inquiries concern ing sanitary s ewer ser\'i ce : and WHE REAS , Sou th Englewood Sanitation Di stri ct No . I wi ll conti nue t o own the li nes and will be responsible for capital imp rovements; and WHEREAS , the City "ill bill the Sanitation District for wastewater collection syste m ma intenance based on th e am ount the City wou ld biH property owners within the aren, e.nd WP ,. -.~ . .3, J o ·11 3tudy Sessions between the Water and Sewer Board and City roun:il cor.ce rn ing thi. -iatter were held on March 9, 1992 and Septem be r 21, 1992 . NOW, THEREFORE, BE IT OR DAI NE D BY THE CITY COUNCIL OF THE CITY OF ENGLEWOO D, COLORADO , THAT : ~-The Wastewater System Service Agreem ent between South Engl ewood San itation District No. 1 and the City of Engl ewood for the ma inten ance and operation of th a·. part of the sanitary sewer system of the District within the City of Engle wood bou ndaries is hereby approv~d for a three-year term is h e reby approved . A copy of said af reement is attached hereto and incorporated h erein by reference . 1993 . In tr oduced , r ead in full , a nd passed on first re adi ng th e 6th day of Ju ly, 1993. PuL .,shed as a Bill for an Ordinance on the 8th day of July, 1993 . Read by title and pa ssed on fin al r ea ding on the 19th day of J uly, 1993 . Publi shed by t itle as Ordinance Noj(_,, Series of 1993 , on the 22nd day of July, a11:,G waµ/ Patricia H. Crow, City Clark -1 - I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado, hereby certify that the a bo ve and foregoing is a true ropy of the Ord inance passed on final reading and publi shed b)' Litl e as Ordinance No . a/ti, Series of 1993. -2- • • • WASTEWATER STST!!:M SQVICE AGREEMENT l Q•Jt 729t l~Ci 300 T!!IS AGREEMENT, for thu ma intenance and ope ration of that part of the sanitary sewer system of SOO TH ENGLEWOOD SANITATION DISTRICT NO. l (the "Dist ri ct") within the corporate limits of the CITY OF ENCLE WOOD (the "City"), is made and entered into , effective ec··::e-l , 1993, between the Di s trict and the City ; W IT NE SSETH : WHEREAS, the District owns and opera t~s a sanitary sewe r transmission system cons i s ting of easem:!nts , co ll ec t or and transmiss i on lines , c!eanouts and manholes (collectively "facili- ti~s''), providing sanit·ry sew er service to its users in par ts o f Arapaho" Cc u.,ty and five ( 5 ) rr:c.nicipal i t:.es, including the City ; a r.d WHEREAS, that part of t!le District's system wi thin the City is shown on Exhibit "A" a ttached hereto ; and WHEREAS, the Cit y owns and operates its own sys tem of sanitary sewe r transmission lines, exclusive o f the District's s ys tem, in the re'maioCe= of the City a n'.d has the equipml!n t a~tl personne. a vailable to mainta ir. an d operate t h a t part of the District's s ystem within the City, as well as its own sys tem; and WHER!r.S , the City des~rns, on certain tet1t1s and conditions , to provide for the maintenance and opera tion o f that part of the Distr i ct's system wi thin the City, and t he Dis trict is wi lling t o contract with the City fo= the sa i d maintenance and opera tion; NOW , THEREFORE, f or and in consider a ti on of t he mutual promi s,s , benefits , and de triments of and to the parties hereto a nd for other good and va iua=.e cons ideration , IT IS HEREBY AGRE~D : l. Ma int e nance and 01>eration . For t h e t~rm a nd fo= payments by the Di str ict to t h e City as herein?.fter s•• fort h, the City s hall p rovid e for the a !-inclusive a:1.d comp ; ete maintenance , re p a ir, and o peration o f a ll of the District's ~acil i ties within the Ci ty, excepting only f o r the construction of ne ~ or ad diti ona l facilit i es not deeme d rep l acement facilities and not considered a s 1 ma int ena nce , repair a= ~p e =ations . 2. Te,nl'. Th i s a g reement sha ll be for a t erm o: thr ee (3 ) years frcm the effec tiv e date set fort h ab ove, sub ject to an op ti on to renew as hereinafte = se t forth . 3 . ?avments bv the D:strict . For the se rvi ces render ed as her eina:ter defined , the District shall pay to the City $3 6,000 .00 per year during the term of this agre ement, payab le quarterly in arrears , b y the 10th day of the month foll ow i ng the end of each • • • a,JiJ ll2<J7 ?,Gt 301 calendar quarter, one-fourth (l/4) of the annual amount. Pa yments fer an y pa rtial calendar quarters at the beginning or the end of this agreement shall be prorated based on the number of days of service provided by t he City div ided by the number of calendar days in the q ua=ter affected. All payments, pursuant to this agreement , sha ll be to the Cit y of Eng lewood, Depa=tment of Ut i l ities, and rem i t t ed in care of the Director of Ut il ities a t the add=ess set forth i~ ?a=agraph 13 below. 4. Se :v i ces P=ovi d ed. Th e City will annually clean and inspect a ll District l !nes and , a dditior.a.ly, clean certain of the Di s t=i c t's facilities on an acce l erated schedu l e as se t forth on Exh i l.Ji t "3" a t tached hereto . The Cit y s hall respond to a ll emergency calls and effect the a ppropriate remedial action and c eanup , i: necessary , and , except for the sa l e of se,.,er taps, sh a ll a n swe:-all inquir i es concerni ng sanitary sewt!r service wi t hin the Cit7. Wh ether in the nature of routine , normal, interval or acce l erated cleaning a nd inspection or as a result o: emergency calls , the City will make al l routine and necessary repairs to the Di strict 's facilities , including , but no t limited to , v i sual and TV inspect.ior.s, point repairs, root saw ing, 'chemical iine treatment, manho l e ad justme nt s , and s urf ace and s u!:surface mai n tena n ce as rec;:uireC in any o f the District's easements. The Ci ty will not prov ide services that would be cons ider ed capital improvements Ce:ined as r ep l acemen t of more than t~enty (20 ) feet of pipe at any one locat ion . 5. Joint Resoon se . The District and the City recogni =e that numerous co ll ector and transn~ss i on l ines, as se: forth on Exhibit ''c'', e ithe= flow into the City or out of the City and t~a t rou t ine cl ea ninq a~d maintenance and any e m~rgency response in a r eas of such !:.~es , their en try or exit i~to or from the City , ma y invol ve or requir e t he joint respohse and a ction of the Distr:.ct a nd the City. M:.:hin thirt y (30) days of the effec tiv e date of this agreement , designated representatives of the City and t he District charged wi th the opera ti onal aspects of this agreement sha ll meet to agn,e and develop the procedur es to be fo '.owed in cases of routine ma in tenance a nd emergency responses wi t h respec t to these lines . 6 . ?.eoo=ts. The City will render repor t s on the clean i ng , inspect:.or., main t ena nce, repa i rs , and general operat i on s o f the Dis tr ict 1 s system qu a rter"ly o n Or' be fore the e nd o: t he mo nt h follo wi~g each calendar gua=te r' dur ing the te rm of this ag r eement and, with:~ t he nex t busines s day , pr ovide rep o r ts of al l e mer gency resp ons es , and the Distric t wi! 1 provide contact persons and telepho ne numb ers to the City for such purposes. 7. Sewer Tao s. Th e ristri ct sha ll con ti nue to s ell, as users ~:th :n the City and its sys t e m re ~u est, sewe r ta ps for the connection onto the Di strict's l ine s on the same ba!is as the sale of these taps were made prior t o the ef fective da te o: this -2- • • • agreement. Any new taps sold or added to the District's system shall no t . in any manner, affect th is a reem&nt nor the City's obligat i ons to provide service hereunder and shall not be consid- ered an enlargement of the system. 8 . Ownership of Facilit ies. Nothing in this agreement g=ants or conveys to the City any incidents of ownership, dominion or control over , or rights in the Distr ict 's facilities or with respect to its users, except for th& rights granted herein, which shall ~e thos e of an independent maintenance contractor , the access a nd license granted to the City in the Distri ct's facilities being limi t~d to and prescribed by the provisions of this agreement . The City sha ll have no rights to disconnect, extend , enlarge, c onvey, a b andon or otherwise dispose of any of the Dist=i ct's fac i lities within the City without the express advance written consent of the Di s t r ic t . 9 . Ne E~la rgement of Svs t em . No enlargement of the District's system within the City limits sha ll be made which imposes additi onal obl igations on the City, unles ~ t he same is made by way of a n express written amendment to this agreement . New (additional ) taps made on existing District fac iliti es shall not be cons idered enlargement of the s ystem. 10 . Li a~ilitv . Each of the parties agree to be liable for their own negligence in the per f or~ance of their c: igations under this agreemen t. 1 1. E:ar l v Termination/Nonper f ormance. Shcu i C the District or the City fail to timely perform any obligation o= be other-.ise de! inqt.:ent in t he payment or pedonnance of any provision or condition of this agreement, the nonperforming par ty sha ll be in default , bu t on.y a:ter a written not ice of the speci:ic delinquen- cy has been given to the nonperfor~ing party, allowing thirty (30) days from receipt of s uch notice to cure or remedy the delinquenc y or prov ision of nonperformance. If the nonperforming party ~oes not remedy its de li nquency or nonperfo=mance within the prescribed time, the other, at its option , w:.t hout further notice, may take the app=op riate legal action , including litigation, to collect any am ounts due or past Cue, see:, an injunction, or in any other manne:-seek redres s, including the earl:r terminat ion of this agt•emec.t . Should an y litigat ior. res ult, the prevailing party shall re .: ve: its costs, incl udin<; its ex p enses anc re a sonable attorn•'" fees, f r om the other. 1 2 . O:it i on to Renew . No la ter than three (3 ) months pr:.or t o the enc o: the term of t h:s ag=eement the parties he=e t o may ren~w thi s a g ree ment upo n te rm s a nd c onditions mu tually a g:eea ble . -3 - • • • 13 . Notices. Al I notices p ur suant to thi s agreement sha l I be i n ••d tin<;, sent certif i ed mai 1 -r eturn receipt requested or hand- d el iv ered , notice be i ng given when r e cei ved , addressed to each of the part ies , with a copy to each party's at torn ey, as fol lows: The City of Englew ood Departmen t of Utilities c /o Stewa rt H. Fon da Director of Ut i li t ies 3400 South Elat i Stre,t Engl ewood , CO 801 10 South EngleYood Sa nit a tion Dis t r-i ct Ne . 1 c /o Eugene F. Dunham, P=esident ,oo _ South Cl arks on Stree t Englewood , CO 80110 Copy to : Rick DeWitt , Esq . City Att orney 3333 S . Bannock, Eng l ewood , co Suite 80<l 80110 Donald E. M~rtura no , Esa . Attorney for the D:striCt P.O . Box 2858 Li ttl eton, CO 80161 Ea ch party agrees to give notice t~ the oth e r of a ny c h a nge in its representatives or t~eir aCci=ess. 14. Mi scel laneous. Thi s agreement represents the comp let e und erstan~!n; of the pa=ti~s, a nd each, by the s ign a ture of its re present a tives below , agrees , co v enants and warrants to a nd w:th t he othe r that each has fu 1 authority to enter into , bind az:C: o=l igate the party for whom each s i gns. Thi s agreemen t may not be assigned by e ithe r party without the ad vance written approva l cf the other; a nd shall not be amended or modified, e xcept in writing , which mcdification or ame ndm en t sha.l not be e ffe c tive until t~e same is red uc ed to wr:tin<; a nd ex ecuted by bo th parties hereto. T~E CITY OF ENGLEW OOD: • • THE DISTRICT: SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 By ~~ Euge~unham, President Date: a,,,.z-st 4 J 003 cf?._e----i-~ ~~...-?--'? Ben j amin L. Olsen, Secretary -s- exemIT "A" WASmillTER SYS"m! SERVIQ' ~ scum ENGLOo:o SAIIITArrai ozsmrcr "'· 1 WITB1N 'l1lE CITY c::r. El'IGL!IIXIl (SBAoe:o) 3o,u729'bm 305 SOUTH "ENGLEWOOD SANITATION DI STRICT CSBAD ED l EXHIBIT "A" • • •• e:xHIBIT 0 8° ~ ~ S!J!VICE A~ ACl:ELl!RAml CLEANING 5aiEIXJLE T N 'l'o be cleaned, inspec:ted, etc., every 90 day:,, -3 secticms of a· line shown: uo• of a· line 68' of a• line 134' of a· line EXIIIBIT •9• • • • District E'<BIBIT "C" lilASTE!fATER SYSTEM SERVICE AGREEMENT LINES liHICH GO INTO OR Qr,T OP THE CITY lin es which flow in1Q the City: So. Clarkson north of E. Belleview, west to MH Di-6 . So. Clarkson at approximately E . Grand, west to MH Di-5. So. Clarkson at Viking Dr., we :Jt to MH Di-3a . So. Clarkson at E. Chena ngo, west to MH Di-2. So . Clarkson at E . Layton, west to MH D-9. So. Clarkson at E. Tufts, west to MH Dh-4. So . Logan at E. Belleview, north to MH Ci-9. E . Centennia l Ave. between So. Sherman and So. Lincoln , west to MH F-5 . Iii. Belleview at So . Inca, north to MH H-28 . So. Santa Fe Dr. north of Tufts, north to MH A-12 , District lines that flow out of the City: North of Lehew , south of the t,~terurban Subdivision , south to MH H-34. So . Elati south of W. Bellev i ew , south to MH H-33a. So. Fox at Prentice Way, south to MH H-32. Iii. Quincy a t so . Santa Fe , w~st to MH A-8 . NH~ Manho le. Number ing is frr Distr i ct's maps . EXHIBIT "C"