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Home My WebLink About1995 Ordinance No. 015• • • 10 b 1 ~/I: 3'r·'f5' ORDINANCE NO/_'j SERIES OF 1995 BY AUTHORITY COUNCIL BILL NO . 16 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, ARAPAHOE COUNTY BOARD OF COUNTY c ·oMMISSION'!!RS AND WASTE MANAGEMENT OF COLORADO, INC. ,\PPROVING THE FIRST AMENDMENT TO THE CONSOLIDATED AMENDMENTS TO AGREEMENTS DEALING WITH THE CITY OF ENGLEWOOD PROVIDING TREATMENT FOR WASTEWATER ORIGINATING AT THE COUNTY UNE LANDFILL. WHEREAS, Arapahoe County is the owner of the County Line Landfill and Waste Management Company is the operator and manager of the landfill; and WHEREAS, rainfall and natur al drainage have resulted in water containing contaminants to collect a t the landfill site; and WHEREAS , Englewood entered into a Connector's Agreement with the County to provide treatment for wastewater originAting at the County Line Landfill on August 20, 1984 ; and WHEREAS, Waste Management, South Arapahoe, A,•apah°" County and Englewood entered into a Wastewater Transmission Agreement in 1985 for the treatment of collected storm water from the landfill ; and WHEREAS, the 1985 Agreement was extended and modified by amendment dated Octobtlr 1, 1990 co allow a lift station and dewatering sump; and WHEREAS, in 1987 the parties entered into an Amendment to the Connector's Agreement which extended the provisions of the Co nnector's Agreement to August 20, 1990; and WHEREAS, in 1990 Englewood, the County and W&ste Management of Colorado entered into a Consolidated Amendments to Agreements which further extended the pl'ovisions of the Connector's Agreement from August 20, 1990 to August 20, 1995; and WHEREAS, in 1987 Englewood initially authorized by permit, the County to discharge wastewater to the Sanitary Sewer System, in accordance with the effluent limitation, monetary requirements and other conditions set forth in the Wastewater Contribut:,n Permit; and WHEREAS , the Permit by its terms will expi re on May 15, 1996 and the deadline to apply for permit reissuance is November 15 , 1995; and WHEREAS , in addi tion to the connection for the Landfill, the County and Waste Management desire a ne w and separa te second co nn ection to pe rmit th e di scharge of contami nated or potentially co ntaminated effluent from a groundwater collection , pumping and transm ission system located on Tract K, Fairw ays of South Suburban, Filing No. 3 Subdivision , Arapahoe County, Colorado ; and WHEREAf;, the Amendment alao provides that if n ,,w, ezreed the now for which the connection fees have been paid, Waste Management •ould pay Englewood additional connection fees within 60 day1; and WHEREAS, the Amendment also addresses the agreed equivalent single family residential unit now of200 gallons per day, not to exceed 6,000 gallons per day; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~ The intergovernmental agreement between the City of Englewood, Colorado, Arapahoe County Board of County Comllli ssioners and Waste Management of Colorado, Inc. approving the First Amendment To The Consolidated Amendments To Agreements dealing with the City of Ene-Jewood providing treatment for wastewater originating at the County Line Landfill, attached hereto as "Exhibit A," is hereby accepted and approved by the Englewood City Council. ~-The Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood , Colorado. Introduced, read in full , and passed on first reading on the 1st day of May, 1995. Published as a Bill for an Ordinance on the 4th day of May, 1995. Read by title and passed on final r eading on the 15th day of May, 1995. Published by title u Ordinance No .&: Series of 1995, on the 18th day of May, 1995. A?i? @(1f!tt.({c((t (!~ Tl,omas J. Burns , Mayor I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy~ the Ordinance passed on final reading and ~·-., .,, ",..,m«N,.IS, """' -~ dJI!( ~s -2 - • • • • • • EXHIBIT A FIRST AMENDMENT TO THE CONSOLIDATED AMENDMENTS TO -AGREEMENTS THt:: FIP.5T AMENDMENT to the Consolidated A.melJlimcll!s to Agreemems is made and entered into thiJ ~ day of Marcil 1995, by and among the CITY OF ENGLEWOOD ("ENGLEWOOD "), a municipal corporation. THE BOARD OF COUNTY COMMISSIONERS of the COUNTY OF ARAPAHOE ("COUNTY"), a body corpora11: and politic of the Stall: of Colorado , and WASTE MANAGEMENT OF COLORADO , INC . ("WMC"), a Colorado corporation. WHEREAS, E,.'l"GLEWOOD emered into a Connector 's Agrecme~t with the COUNTY 10 pro vide cre:ument for was11: water originating at the Couruy Line Land.fill ("Landfill ") on August 20 , 1984; and WHEREAS, the parties, on June 26, i987, entered into an Amendmeru to the Connector 's Agre:ment whic! extended the provi:.:Jns of the Connector's Agreement to August 20, 1990, inter alia; and \VHEREAS , ON JUL Y 2, 1990, E.t"IGLtWOOD , the COUNTY and WMC enrcred into a Consolidarcd A.mendmentS to AgrecmentS which furJier e."Ctended the prov isio ns of the Connector 's Agre:ment from August 20 . 1990 10 August 20, 1995 . WHEREAS , in accordance with the provisions of the Cicy of Englewood Municipal Code, Title 12 , Chaprcr 2, as enacted November 21. 1983, the CITY did , effective May 15, 1987, initially aurocrize by permit, the COUNTY to discharge wastewater to the Sanitary Sewer Sysrcm . in accordance with the effluem limitation, monetary requiremems and other conditions set forth in the WASTEWATER CONTRIBUTIO N PE&\1IT ("PERMIT "); and WHEREAS , tile PERi\llIT by its terms will e:tpire on May 15, 1996 and the deadline to apply fo r pe~t reissuance is N.:ivember 15 , 1995, and WHEREAS, in addition to the connection fo r the Landfill , the Counry and WMC desire a '1CW and separate second connectio~ to permit the discharge of contaminated or potentially conrarainated effluent from a groucdwurer collection. pumping, and transmission system located on Tract K, Fairways of South Su burban , Filing No. 3 Subd ivis ion, Arapahoe Councy, ColorddO; NOW THEREFORE , in cons ideration of the murua! be nefit to each, ENGLEWOOD , the COliNTY and Wy(C agre: as follows ; 1. Tne Augus t 20 , 1995 e:q,iration date of the prov isions of r,he Consolidated Amendments to Agreements is hereb y exte nded to May 15 , 1999 to conform with the anticipated PER.\1IT expirati on dare of May 15 , 1999 . 2. All other =s and collditiom of the August 20, 1984, Comieaor's Agreement the JllllC 26, 1987 Amendmcm ID the CollllCClllr 's Agr=DCnI not iDcomistem with this FU"St Amclldmcnt 10 the July 2, 1990 Comolida!ed Amcndmcm:5 10 Agreemems are reaffimJcd alld • shall remain in full force and affect. · 3. If tbe combiDcd flow =ring the sanil3ry sewer systClll from both the "Landfill Tap" and the "Fairways Tap" exceeds the flow for which comiections fees have been paid to ENGLEWOOD, the COUNTY and WMC shall pay ENGLEWOOD the com:iection fees for the additioaal flow within 60 days from submiaal of the quancrly compliance report required by the P=nit. 4. It is acknowledged by the parties that based upon an agreed equivalent single family residential unit wastewater flow of 200 gallom per day , the wastewater flow entering the system from both the 111:w and separate connt:ction shall oot exceed 6,000 gallons per day capacity previously acquired. by I.be COUNTY equivalent to 30 residenrial units . 5. Flows shall be measured daily and copies of the flow records provided to E>IGLEWOOD. IN WTI)1ESS WHEREOF , the panics have set their hands and se:tls effective the day and year first above wriaen. ATTEST: Title T itle 2 ; BOARD OF COUNTY COMMISSIONERS , COUNTY OF ARAPAHOE ~x'&1r£ M~i-c k. ;). I 19:9..5 Date CITY OF ENGLEWOOD, COLORADO llfayor Date • • • • • Date May 1, 1995 INITIATED BY Util ities Departme r COUNCIL COMMUNICATION Agenda Item 10 a ii Subject First Amendment to the Consolidated Amendments to Agreements I STAFF SOURCE Stewart H. Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Waste Management, South Arapahoe, Arapahoe County and Englewood entered into an W.:.stewater Transm ission Agreement on January 21, 1985 for the treatment of collected storm water from the landfill . Toe 1985 agreement was extended and mod ified by an Amendment dated October 1, 1990 to a llow a lift station and dewatering sump . RECOMMENDED ACTION Council approval of the First Amendment to the Consolidated Amendment to Agreements . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Toe County owns the County Line Landfill and Waste Management Company is the operator and manager of the landfill. Rainfall and natural drainage have resulted in water containing contaminants to collect at the landfill site. Toe First Amendment to the Consolidated Amendments would modify the date from August 20, 1990 to May 15, 1999, and would be consistent with the Wastewater Transm iss ion Agreement and the perm it which also will expire May 15, 1999. The Amendment also provides tnat if flows exceed the ftow for which the connection fees have the paid , Waste Management would pay Englewood additional connection fees within 60 days . Toe Amendment also addresses the agreed equivalent single family resident ia l un it ftow of 200 gallons per day, not to exceed 6 ,000 ga llons per day . FINANCIAL IMPACT All engineering, construction and connection fees wil! be incurred by Waste Management Company. The C ity of Englewood will collect treatment charges based on usage from the landfill site . UST OF ATTACHMENTS First Amendment to the Consolidated Amendments to Agreements . Proposed Ordinance • • •