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HomeMy WebLinkAbout1993 Ordinance No. 048ORDINANCE No .1l SERIES OF 1993 BY AUTHORITY COUNCIL BILL NO . 52 INTRODUCED BY COUNCIL MEMBER BULLOCK AN ORDINANCE AUTHORIZING THE TERMINATION AGREEMENT BETWEEN THE CITY OF ENGLF,WOOD, COLORADO AND THE CHERRY HILLS RANCHO WATER AND SANITATION DISTRICT FOR THE DISSOLUTION OF CHERRY HILLS RANCHO WATER AND SANITATION DISTRICT. WHEREAS, the City or Englewood and the Cherry Hills Rancho Water and San itation District entered into a Distributor's Contract on June 6, 1966 wh ere by the City furn ished water service to Cherry Hills Rancho District; and WHEREAS, the City of Englewood and the District also enter ed into a Connecto r s Agreement which is dated December 16, 1988, where by the City furnished sewage transmi ss ion and treatment services to the District; and WHEREAS , the Cherry Hills Rancho Water and Sanitatio n District h as commenced le gal pr oceedings to dissolve the District; and WHEREAS , the Termination Agreement will terminate all prior agreem ents between the City and the District; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: ~ The Termination flgreement between Cherry Hills Rancho Water and Sa nitation District and the City or Englewood, Colorado is hereby accepted and approved by th e Engl ew ood City Council. The Termination Agreement eenerally reads as follows : A. The City and the District have entered into a Distributor's Contract dated June 6, 1966, pursuant to which the City hu furnished water service to the DistricL The City and the District have also entertd in , a Connectors Agre ement dated December 16, 1988, pursuant to which the City has furnished sewage t ransm ission and t r eatment services to the DistricL These Agreements are coll ectiv ely referred to h ,.rein as the "Pri ,,r Agn·ements." B. The District has co mmenced legal proceedings to dissolve pursuant to Part 7, Article l , Title 32, C.R.S. Water and Sewer service will be continued within the Dis trict's area after the dissolution by means or an Agreement and Plan for Dissolution between the District and the City or Cherry Hills Villa ge. C. Upon the effective date or the dissolution or the District there will be no further ne ed fo r th e Prior Agreemen ts, and the parties desire by this Termination Agreem ent to mem orializ e th e termin ation of the Prior Agreements . • I • 10 a ~-The Mayor i1 authorised to uecuta and the City Clerk to alta ■t and ■ea\ the Termination AcTffment for and on behalf of the City of Enclewood, Colorado . Introduced, read in full , and pa1■ed on fint readin1 on the 4th day of October, 1993. Published u a Bill for an Ordinance on th• 7th day of October, 1993 . Read by title and pa11ed on final readini on the 18th day of October, 1993 . Published by title as Ordinance No.fl. Series ofl993, on the 21st day of October, 1993. ATTEST : -;-> 0 /t_if{(YLl ~ I H4 Patricia H. Crow, City Clerk I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado , hereby certify th at the above an d fore going is a true ,,opy of the Ordinance passed on final reading and published by titl e as Ordinance No .~. Series of 1993. -2- TERMINATION AGREEMENT This Termination Agreement is made ettective as provided herein between the City ot Englewood, a municipal corporation organized and ex i sting under the laws ot the State ot Colorado (the "City"), and Cherry Hills Rancho Water and Sanitation District, a quasi-municipal corporation and political subdivision ot the State ot Colorado (the "District"). UCITAL8 A. The City and the District have entered into a Distributor's Contract dated June 6, 1966, pursuant to which the City has furnished water service to the ristrict. The City and the District have also entered into a Connector's Agreement dated December 16, 1988, pursuant to which the City has furnished sewage transmission and t1Ceatment services to the District . These Agreements are collectively referred to herein as the "Prior Agreements.• B. The Di strict has commenced legal proceedings to dissolve pursuant to Part 7, Article l, Title 32, C.R.S. Water and sewer service will be continued within the District's area atter the dissoluti on by means ot an Agree·ment and Plan for Dissolution between the District and the Ci_ty of Cherry Hills Village. C. Upon the effective date of t .he dissolution of the District there will be ~o further need f or the Prior Agreements, and the parties desire by this Termination Agreement to memorialize the termination of the Prior Agreements. · AGREEKEJIT NOW THEREFORE, tor and in consideration of the recitals above stated and further in cons i deration of the mutual promis ?s and undertakings herein set fdrth, the parties agree that, on the effective date of the dissolution of the District, the Prior Agreements shall be terminated , and from that date forward shall have no further force or effect. Dated thiG day of -----------' 1993 CJ TY OF ENGLEWOOD Clyde W1gg1ns, Mayor ATI'EST: Patricia crow, City Clerk ATI'EST: CHERRY HILLS RANCHO WATER AND SANITATION DISTRICT Arapahoe county, Colorado Susan Kelly, President Mike Jefferson, secretary -2- O.te October 4, 1993 INil1A TED BY STAFF SOURCE COUNCD. COMMUNICATION Agenda Item 11 e Department of Utilities Subject Cherry Hills Rancho Agreement Termination Stewart Fonda, Director of Utilities ISSUFJ ACTION PROPOSED Staff seeks Council approval of a bill for an ordinance terminating the agreement behveen the City of Englewood and Cherry Hills Rancho Water and Sanitation District. PREVIOUS COUNCD. ACTION None . BACKGROUND The City of Englewood and the Cherry Hills Rancho Water and Sanitation District entered into a Distributor's Contract on June 6, 1966 for the City to furnish water service to Cherry Hills Rancho District. The City also entered into a Connector's Agreement dated December 16, 1988 for the City to furnish sewage transmission and treatment servic11s to the District . STAFF ANALYSIS The Cherry Hills Rancho system serves approximately 40 customers in the area east of Clarkson and north of Oxford in the Martin Lane area. Cherry Hills Village is trying to consolidate the wate r and sanitation districts . The Cherry Hil ls Rancho Sanitation District would like to dissolve the dis!Tict . FINANCIAL IMPACT The Ci ty will provide maintenance for the customers in the districts, and the customers will be billed for this service . Therefore, the cost bume by the City should be offset by the re venues r aceived . ORDINANCE NO ._ SERIES OF 1993 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 52 INTRODUCED BY C~NCIL Mfl,ffiER 4?u llt?c; AN ORDINANCE AUTHORIZING THE TERMINATION AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE CHERRY HILLS RANCHO WATER AND SANITATION DISTRICT FOR THE DISSOLUTION OF CHERRY HI LLS RANCHO WATER AND SANITATION DISTRICT. WHEREAS , the City of Englewood and the Cherry Hill s Rancho Water and Snnit.ation Di strict enteM into a Di11tributor'1 Contract on June 6, 1966 where by the City furnishe d wat.er service to Cherry Hills Rancho District; and WHEREAS , the City of Englewood and the Di 1trict also entered into n Conne<!or's Agreement which is dated December 16, 1988, wh ,re by the City fu rni shed sewage transmi ssion end treatment services to the District; and WHEREAS , th e Cherry Hilla Rancho Water and Sanitation Distri ct has commenced lega l procee dings to dissol ve th e District; and WHEREAS, the Termination Agreement will !.erminate all prior agreements bet ween the City and the District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sftlilm.J.. The Termination Agreement between Cherry Hills Rancho Waler and Snnitation District and the City of Englewood , Colorado is hereby accepted and approved by the Englewood City Council. The Termination Agre,ment generally reads as follow s: A. The City nnd the District ha ve entered into a Distributor's Contract dated June 6, 1966, pursuant to which the City has furn is hed water service to the Di strict. Th e City and the District have also ent ered into a Connectors Agreement dat.ed December 16, 1988, pursuant to which the City has furni shed sewage transm ission and treatment services to the District. These Agreements are colleclivety referred to herein a s th e "Prior Agreements." B. The District ha s comm e nced legaj proceedings to dissolve pur suant to Part 7, Art./cl e 1, Title 32 , C.R.S . Water and Sewer service will be continued with in th e Di:;trict's area afte r th e di s,;o lution by means of an Agreement and Plan for Di osolution between th e District and the City of Cherry Hills Village. C. Upon the ,,ffe ctive date of the dis solution of the District there will be no furth er nee d for the Prior Agreements , and the parti es desire by this Termination Agreem ent to me morialize the termina tion of th e Pr ior Agreements .