HomeMy WebLinkAbout1995 Ordinance No. 016•
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ORDINANCE No./fe..
SERIES OF 1.995
BY AUTHORiTY
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COUNCILBILLNO. 17
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE CITY OF CHERRY
HILLS VILLAGE, COLORADO WITH RESPECT TO THE CITY OF ENGLEWOOD'S
MAINTENANCE OF AN AREA IN THE CHERRY HILLS VILLAGE WASTEWATER
COLLECTION SYSTEM.
WHEREAS, the Wastewater System Maintenance Agreement with Cherry Hills Village
provh.\es for the City of Englewood providing wastewater collection system maintenance for
an area in Cherry Hills Village which has been a system formerly served by the
Cherryridge Sanitation District for an annual fee ; and
WHEREAS, Cherry Hills Village conveys to Englewood a license, but not ownership over
the wastewater collection facilities which consists of approximately 56 accounts and 8,343 feet
of sanitary sewer line within the maintenance agreement area; and
WHEREAS, Englewood will annually inspect, flush and clean all maintenance area
lines and shall respond to all emergency calls and take corrective action, locate district
lines and answer inquiries concerning sanitary sewer service ; and
WHEREAS , routine maintenance charges shall be divided among the customers in each
sewer service area as directed by Cherry Hills Village by the customers on the Cherry Hills
Vi llage collection system having additional fees added to their existing wastewater
treatment bills to cover the cost of providing such maintenance service by Englewood; and
WHEREAS, the amount added for normal, routine flushing and maintenance services
shall be at a rate which is based on the same estimated annual cost per liner foot of sewer
main that Englewood experiences for normal, routine flush ing and cleaning with the
Englewood Wastewater Collection area; and
WHEREAS, the cost of nonroutine repairs shall be charged directly to and paid by Cherry
Hills Village as a separate item ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
E NGLEWOOD, COLORADO , AS FOLLOWS :
~ The intergovernmental a,:reement with respect to the City of Englewood's
maintenance of an area in the Cherry Hill s Village Wastewater Collection System,
attached hereto as "Exhibit A," is her ,by acc epted 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 , r ead 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 tiUe and pa.ssed on final reading on the 15th day of May, 1995.
Published by title as Ordinance No.,& Series of 1995 , on the 18th day of May, 1995.
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Loucrishia A. Ellis, City Clerk
Jkrm~
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy;;f the Ordinance passed on final reading and
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Lou erishia A. Ellis
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EXHIBIT A
WASTEWATER COLLECTION SYSTEM MAINTENANCE AGREEMENT
CITY OF CHERRY HILLS VILLAGE
(Fonner Cherryridge San . Dist.)
AN AGREEMENT, dated this __ day of ___ .., 1995, between the City of Cherry
Hills Village (Cherry Hills ) and th e City of Englewood (Englewood), regarding the
maintenance of a certain wastewa ter collection system:
WHEREAS : Cl1erry Hills is the ov,,r,er of a wastewater collection system (Collection
System) with in Cherry Hills that hereto before has been a system owned and operated by
the Cherryri dge Water and San it ation District. shown in Attachment A. and
WHEREAS : Cherry Hills does not currently own or operate any wastewater collection
maintenance equ ipment, and
WHEREAS : Englewood own s and ope rates maintenance equipment for a was tewater
• collection system located within th e C ity of Englewood .
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NOW, THEREFORE , Che rry Hills and Englewood hereby covenant and agree that
1. Englewood shall prov ide norma l and routine , and extraordinary and nonroutine
maintenance, repa ir and replacement serv ices for the Collection System , as shown in
Attachment A. as needed to insure efficient, continuous end economical service within the
Cherry Hills Collection System . Fh shing and clea ni ng of the sewer mains and point
repairs no t deeper than 10' and/or not longer th an 10' shall be cons idered normal and
rout ine maintenance repair and rep lacement Poi nt repairs deeper than 1 O' and/or longer
th an 10', or wiere unusual condi tions exist, such as , but not limited to , excessive ground
water, excessive slope, excessi ve vegetation, tn a. Hrnit or inhibit Englewood's ab ility to
f u lfill its ob ligations under this agreement, shall be considered extraordinary and
nonroutine repairs and replacements . EngleY10od shall respond to requests to locate the
seo.wr mains and manholes in this Collection Area . Englewood will not be responsible for
locati ng privately ow,ed sewer service laterals in this collection system other than to
indicate where the laterals are connected to the mains to the best of their knowledge as
in dicated by its' records .
2. Cherry Hills agrees that it will assume ownersh ip of any exist ing wastewater co llection
system facilities within the Collection System to facilitate a maintenance agreement with
Englewood. Any additional service faci lities needed to serve th e area shall be constructed
to Englewood standards , not at Engle'MJOd's expense , and Cherry Hills ag rees to assume
ownership of th e fa cilities of the Collect ion System upon deedin g to Cherry Hill s by the
property owners. OM,ership shall be by written conveyance and each such conveyance
must be approved by EngleY10od .
3. Cherry Hills shall continue to own the Collection System . Any rights-of-way utilized in
the Collection System shall continue to be held in Cherry Hills' nam e and shall be
maintained by Cherry Hills. Cherry Hills further agrees to acquire and hold rights-of-ways
or easements of sufficient size to permit operation and maintenance activ ities on any
public or private property where existin g or future facilities are located , and to maintain
those easements and rights-of-ways free of landscap ing, structures or other obstructions
which would interfere with Englewood's maintenance obligations under thi s contract.
Englewood sha ll not be obligated to maintain sewer lines where adequate right s-of-way
f r ee and clear of landscaping or obstructio ns do not exist. In such circumstances , if
authorized in writing by Cherry Hills Vili :.ge , Englewood, at its op ti on, ma y attempt to
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perlorm the maintenance without any liability whatsoever for damage to private property .
4. Customers on the Collection System shall have additional fees added to their existing
wastewater treatment b ills to cover the cost of providing this ma intenance service . The
amount added for normal , routine flushing and cleaning maintenance services shall be at
a rate which is based on the same estimated annual cost per liner foot of sewer main that
Englewood experiences for normal , routine flushing and clean in g within the Englewood
Wastewater Collection area. The rate may be dianged from time to time, but the amount
shall be the rate necessary for Englewood to reco ver its normal maintenance costs in this
sev,Er service area of Cherry Hill s Village. It is the intent of this agreement that Englewood
recover from each ~ewer serv ice area in Cherry Hills Village that amou nt of revenue
ecessar; to cover its reasonable maintenance costs and avoid a situation where the
citizens of Englewood subsidize those customers in Cherry Hills Village. The routine
maintenance charges shall be divided among the customers in each sewer service area
as d irected by Cherry Hills Vi llage. For this reason the customers in different sewer
serv ice areas may have different maintenance char~1 es on the ir annual bills . The cost of
nonro utine repa irs shall be charged directly to and paid by Cherry Hills Village as a
separate item.
5. Cherry Hills, by th is agreemen t grants and conveys to Englewood a licer.se , cut not
O'M1ersh ip, over all the wastewater facilities in the Collection System . Cher'y Hills agrees
th at it will not exerci se any dom inion whatsoever over any of the ~.tewater collection
facilities in the Co llection System which are inconsistent with the pe r'orimmce by
Englewood of it s' rights and obligations hereunder. It is agreed th at "license", as used in
th is Agreement, ! "lall mean the right to use, connect, disconnect, modify, rehabilitate,
extend , enlarge, replace, improve, convey, abandon , or ct herwise dispose of any and all
of the wastewater facilities , but only in so far as is reasonably necer sary to perform
Englewood's maintenance operations under this agreement. Should Cherry Hills not
approve the replacement or improvement of some portion of the Collection System which
does not meet Englev.ood minimum standards , Englewood may , at it s option, continue to
m a.ir1tain that portion to the best of its ability, but sha ll not be held responsible for any
ina\Jequacies or fa ilures of said portion which may occur as a r~sult of the substandard
conditi on .
6. Cherry Hills shall issue ~ r-eet cut permits to Englemod at no charge when such permits
are necessary for Collection System ma intenance work. Ch erry Hills shall be responsible
for asphalt or concrete repl acement in street cuts made by Engle'M:>od for Collection
System maintenance.
7. Cherry Hills agrees that Englemod is not obligated to enlarge or extend or bring up to
standards any existing facilities in the Collectior. System.
8. This agreement is contingent on Cherry Hills having a current Standard Connectors
Agreement with Engle'M:>od. If the Standard Connectors AgrE!(lment expires and is not
ren!!'M!d , Englev.ood hlls the option of discontinui ng maintenance service to the Collection
Sys te m, and cease collecting fees for the maintenance service.
9 . All gene:al rules and regula tions and amendments thereto placed in force by
Englemod concerning the operation, conditions of service , and procedures relating to the
installat ion of new services in the Collection Sy~ 'em, shall be as fully enforceable in the
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Collection System as in Engle'MlOd. Cherry Hills i.grees to exercise its' authority to assist
Englewood •n enforcing its' applicable sanitary sewer system ordinances and rules
i ncludir'lg those made to protect the coll.~ion and transport systems and the treatment
facilities , and to a~sure that any new installations in the Collection System are to the
standards of Englewood, and to assure collection of delinquent a=unts.
10. Toe provis ion of maintenance ~,ervice by Englewood for the Collection System does
no! release Ch?rry Hills from satisfying the responsibilities and oblig::oiions set forward in
the Standard ::onnectors Agreement. nor does it incur upon Englewood any liability
resulting from the maintenance of the Collection Syster:i.
1 . No enlargement of the Collection System or any other amendment of th is Agreement
sh all be made unless it is by m·.rtua l agreement.
12. It is agreed th at for fa ilure of Cherry Hills to perform this Agreement in all its essential
parts, Englewood may terminate wa~tewater ~o llection maintenance to the Collection
System. Prior to su ch termination , Eng lewood shall provide written notice to Cherry Hills
of the deficiency and provide adequa :e !ime to correci these deficiencies , but not to
exceed one year .
13. The term of thi s agreement shall be for one year beginning frorn the effective date of
this agreemen t. Al the end of one year both parties shall review this agreement and, if
both agree , sha ll extend .t for three (3) ye ars . After this first three year extension , unless
written notification is given by ei th er party one year prior to the end of the term of this
agreement, th is agreement shall automatically be renewed for four ( 4) subsequent three
y ear terms . Cherry Hills or Englev.ood may discontinue .this agreement at any time with
written notification not less than one y 3ar prior to the desired ending date.
14. Cherry Hills shall have the ab ility to place appropriate and legal charges on the sewer
bills sent to customers within the service area . Englewood agrees to collect such charges
and re imburse them to Cherry Hills . Englewood shall have the ability to charge Cherry
Hill s a reaso nable and customary admin istrative fee to bill and collect any such charges .
. 15 . In the event that an y prov isions of this agreement are in conflict with the Standard
Connector's Agreement of Cherry Hills Village , the Connector's Agreement shall govern .
16 . The City of Englewxid shall not be respons ible or li ab le for damages to any property
wh ich may resu lt fro m its connection to the S-Co llecii on System whatsoeve r provi de d,
however, that the City of Englev.ood shall have perfo nned due diligence in ma inta ining th e
, S-Coll ect ion System , whi ch due diligence shall mean that Englewood shall flush or
cl ean each 5e'M:!r ma in not less th an once pe r calendar year .
DATED. _________ _
CHERRY HILLS VILLAGE
ATTEST:
, Mayor
CITY OF ENGLEWOOD , COLORADO
ATTEST :
Loucr ishia A. Elli s, City Clerk n ,o mas J . Bums , Mayor
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Date
May 1, 1995
INITIATED BY
Utilities Department
COUNCIL COMMUNICATION
Agend111tem
10 a i
Subject
Wastewater Collection
System Maintenance
Agreement with Cit; of
Cherry Hills Village
STAFF SOURCE
Stewart H. Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None .
RECOMMENDED ACTION
Council appro v .. t c,! rhe Was tew Jter Collection System Maintenance Agreement with the City
of Cherry Hills v:,tet {' 1.:.-1 laki ng over the sewer line maintenance for the area in the Cherry
Hil ls Village .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The proposed Wastewater System Ma inte nance Agreemen t with City of Cherry Hills Village ,
states that Englewood will prov ide wastewater collection sy stem maintenance fo r the area in
th e City of Cherry Hills Village that was formerly served by the Cherryridge Sanitation District
in ex change for an ann ual fee . Routine maintenance charges shall be divided among the
customers in each sewer serv ice area as directed by Cherry Hills Vill mge .
There are approxima tely 56 accounts and 8,343 feet of sanitary sewer line in the proposed
maintenance agreement area .
The City of Cherry Hill s conveys to Englewood a license , but not ownership over the
was tewater collect ions facilities . Flushing and cleaning r.h all not exceed depths in excess of
10' and lengths long er than 10'. The City will annually clean and inspect all maintenance area
li ne and shall respond to all emergency calls and take co rrective action , locate district lines
and answer inquirie s concerning san it ary sewer serv ice.
FINANCIAL IMPACT
Customers on the Cherry Hills Villag,, collection 1y1tt.m shall hava additional fHa added to
their existing wastewater treatment oms to cover lhe cost of provid ing this maintenance
sarvic:e. The amount added for normal , rout ine flu shing a11d maintenance serv ices shall be at
a rate wh ich is based on the same estimated annual cost per liner foot of sawer main that
Englewood experiences for normal , routine flush ing and cleaning with the Englewood
Wastewater Collection area . The se cost of nonroutine repairs shall be charged directly to and
paid by Che rry Hills Village as a separate item .
UST OF ATTACHMENTS
Waste water Collect ion System Ma intenanc:6 Al!reem ent -City of Cherry Hi :l s Vill 11ge
Map of Proposed Serv ice Area
Propo sed Ord inance
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