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HomeMy WebLinkAbout1995 Ordinance No. 027• ORDINANCE NO;!} SERIES OF 1.995 BY AUTHORITY COUNCIL BILL NO . 28 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, SOUTH ARAPAHOE SANITATION DISTRICT, ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS , SOUTHGATE SANITATION DISTRICT, WASTE MANAGEMENT OF COLORADO, INC., AN D SOUTH ENGLEWOOD SANITATION DISTRICT NO . 1, APPROVING THE TRANSMISSION OF WASTEWATER ORIGINATING AT THE COUNTY LINE LANDFILL. WHEREAS, Arapahoe County is the owner of the County Line Landfill and Wa ste Management Company is the operator and manager of ti. , landfill; and WHERE.~. rainfall and n atural drainage have resulted in water containing contaminants to collect at the landfill site; and WHEREAS , Waste Managemen ~ South Arapahoe, Arapahoe County and En gl ewo od entered into a Wastewater Transmission Agreement in 1985 for the transmiss ion of collected storm water from the landfill ; and • WHEREAS , the 1985 Agreement was extended and modified by amendment dated October • 1, 1990 to allow a lift station an d dewatering sump; and WHEREAS, the proposed Agreement would allow South A,apahoe Sanitation District to accept collected storm water, which wo11ld then flow into the Big Dry Creek Interceptor, which is owned in various segments by Southgate Sanitation District and Englewood and ultimately flow into the Bi -City Wastewater Treatment Plant; and WHEREAS, the proposed Agreement would authorize a new and se parate con nection to permit the discharge of contaminated effi uent from a ground water coll ection, pumping and transmission system located on Tract K at the Fairways of South Suburban, Filing No . 3 Subdivision; and WHEREAS , all engineering, co nstruction and connection fees will be inc urred by Waste Management Com pany ; and WHEREAS, no permit shall be approved or service provided until final construction is approve d by South Arapahoe; and WHERE.~. the City of Englewood will collect treatment charges based on usage from the County Line Lu ndfill site; 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 , South Arapahoe Sanitation District, Arapaho e County Board of County Commi ssioners, Southgate Sanitation Di strict, Waste Management of Colorado, Inc. and South Engl ewood Sanitati on District No . 1, approvint'. the Wastewater Transmission Agreement wh ich pertains to the transmission of wast.water originating at the County Lin e Landfill , attached here t.G a s "Exhibit A," is hereby accepted and approved by the Englewood City Council. Sw:tiwi..2. The Mayor is authorized to execute and the City Clerk to attest and se al th e Agreement for and on behalf of the City of Engl ewood, Colorado. In troduced, read in full, and passe d on first rending on the 5th day of June, 19~5 . Published as a Bill for an Ordinar.oe on th e 8th day of June, 1995 . Rea d by ti tl e an d passed on fin al r eading on th e 19th day of -lune, 199f.. Published by titl e as Ordinance N.g;., Seri es of 1995 , on the 22 nd day of June, 1995 . ~ . · dllit Loucrish ia A . Elli s, City Clerk I, Loucrisrua A. Ellis, City Clerk of th e City of Englewoo d, Colorado, her eby certify that the above and for egoin g is a true coPiY,.,r th e Ordinance passed on final r eading and '"'"""" ,, "'" o""'-• '""-+ s.;., ~ ,~,. ~L; t/. lJJ!,. Loucrisrua A. Ellis -2 · • • • • EXHIBIT A WASTEWATER TRANSMISSION AGREEMENT THIS AGREEMENT is made and entered into effective as of March 31, 1995, by and between SOUTH ARAPAHOE SANITATION DISTRICT, a Colorado quasi-municipal corporation ("SOUTH ARAPAHOE"); SOUTHGATE SANITATION DISTRICT, a Colorado quasi-municipal corporation ("SOUTHGATE"); the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, a body corporate and politic of the State of Colorado (the "COUNTY"); Tll!E CITY OF ENGLEWOOD, a Color11do municipal corporation (herein af·cer called "ENGLEWOOD") and WASTE MA,~AGEMENT OF COLORADO, !NC., a corporation ("WMC"), RECITALS A. The COUNTY owns County Line Landfill (the "Landfill"), l ocated in Douglas County , Colorado at the intersection of South Colorado Boulevard and County Line Road . B. WMC is the operator and manager of the Landfill 1•ursuant to an agreement with the COUNTY. C. Rainfall and natural drainage have caused storm waters containing contaminants or potential contaminants to collect at the Landfill. D. SOUTH ARAPAHOE owns public sewer facilities in the vicinity of the Landfill. E. SOUTH ARAPAHOE' s mains flow into the Big Dry Creek Interceptor (the "Interceptor"), which i s owned in var i ous segments by SOUTHGATE and ENGLEWOOD, and which is operated pursuant to a Basin Interceptor Agreement dated as of August 1, 1990 (the "BIA"). The Interceptor delivers sewage flows from SOUTH ARAPAHOE'S service are~ to the Si-City TreatJ,,~nt Plant (the "Plant") owned joi ntly by ENGLEWOOD and the City of Littleton; ENGLEWOOD operates and manages the Plant pursuant to an agreement with the City of Littleton. F . On or about January 21, 1985, SOUTH ARAPAHOE, the COUNTY, ENGLEWOOD and WMC entered i'nt•~ a Wastewater Transmi ssion Agreement (the "1985 Agreement") pursu!,nt to which storm waters collected at the Landfill have been t r.ansmitt ed to the Plant . The 1985 Agreement was extended and. i,odified by an l .mendment dated October 1, 1990 (the "Amendment"). G. Under the 1985 Agreement , !-IM C installed a lift station and dewatering sump at the location shown on Figure l attached hereto and incorporated herein by reference. Said fa~ilities were then connected to SOUTH ARAPAHOE'S facilities at the locaticn shown on Figure las "Existing Manhole to Sanitary Sewer.• This system and its connection to SOUTH ARAPAHOE facilities is hereinafter called t.J,u "Landfill Tap ." H. Changes in c i rcumstances since the data ot the 1985 Agreement, coupled with th~ need tor an additional connection at ~.he Landfill, have prompted thd parties hereto to restate the prior understandings, with amendments, in this wastewater Transmission Ag::aamant. AGREEMENT FOR AND IN CONSIDE.RATION ot the mutual promises and undertakings set torth herein, the parties agree as follows: 1. Li mited scope of Agreement. The purpose of this Agreement is to permit the use of SOUTH ARAPAHOE facilities and the Interceptor to convey wastewater only from the Landfill and only for a limited period of time . This Agreement shall not be construed or asserted as the basis of any offer or willingness or ability on the part of SOUTH ARAPAHOE , s0~rHGATE, OR ENGLEWOOD to provide sanitary sewer s ervice to the public generally or to any area outside the specific limits r:,f ~.he Landfill, except as is specifically provided herein. • 2. I&..ndfill Tap. The Landfi ll Tap shall be g c>V erned by this • Agreement. · J. Fairways Tap . 3. 1 The COUNTY and WMC are hereby authorized to make an additi onal, new and separate connection to SOUTH ARAPAHOE facilities to permit the discharge of contaminated or potentially contaminated effluent from a groundwater collection, pumping and transmission s;-stem located on Tract K, Fairways of South Suburban, F iling No. J Subdivision, in or near the "Study Area" also shown on said Figure l. This system and its connection to SOUTH ARAPAHOE facilities is hereinatter called the "Fairways Tap." J . 2 The COUNTY and WMC shall, at their sole expense construct. the Fairways Tap and connect it to SOUTH ARAPAHOE facilities .. The COUNTY and WMC will follow SOUTH AR/J>AHOE per.mitting requirements, and the connection to the SOUTl i ARAPAHOE system shall be in accordance with plans and design approved by SOUTH ARAPAHOE betora any connection i s made. All engineering fees and other costs i ncurred by SOUTH ARAPAHOE in reviewing plans and specifications shall be paid by the COUNT Y and WMC. No permit shall be final nor shall service be provided until construction is approved by SOUTH ARAPAHOE . Further, it shall be the responsibility of the COUNTY • • • • and WMC to determine al l r equ i rements for and to secure any and all other permits and approvals f or the work from the appropriate governmental age ncies. 4. Connecti ons Limited . The Landf i ll Tap and the Fairways Tap (hereinafter collectively the "Taps•) shall be constructed and mainta i ned so as to prevent the connection of sewer lines from any area other than the Landfill and the specific groundwater collecti on l ocation specified i n J.l above. In addi t i on to any other remedi es herein provided, SOUTH ARAPAHOE shal l have the right l.lllllladiately to disc o nnect f a c i l ities servin~ any other area regardless of where the una11thori zed connection is made and to charge the COUNTY and WMC for the costs thereof. 5. other Agreements/Permits. 5 . l I n the p erf ormance o f the i r obligations under this Agre,~ent , the COUNT Y a nd WMC will sati sfy , adhere to, and be bound b y a ~l of the performance standards, terms , and conditions c ontained i n the fo l lowing contr acts : a. Wastewater Contribut i on Permi t issued by E~GLEWOOD to the COUNTY d ated May 15, 199 3, and amended i n 1995; and b. Connector's Agreement between Arapahoe County and the Ci ty of Englewood dated August 20, 1984, as amended bv Amendment dated J une 2 7 , 198 7 and Consoli dated Amendments t; Agree~ents dated July 2, 1990; and c. Fi rst Am endment to the Consolidated Amendments to Agre,aments dated March 21 , 1995 ; and A v i olati on or br each of any of such standards , terms, or conditions will be d e emed a violation or breach of this Agreement and will be cause f or termination hereof , without regard to whether either of the refer enced contracts are in f orce at the t i me of the a l leged v i olation or breach. 5 .2 Add i t i onall y, the CO UNTY and WMC understand and agree that all the rights and privileges granted .them by SOUTH ARAPAHOE herein are subject to the p~ovi sions of the Connector 's Agreement bet ween SOUTH ARAPAHOE and ENGLEWOOD and any successor agreements. 5 . 3 Al l servi ce f urn i shed hereunder by SOUTH ARAPAHOE and the Interceptor shall b l! subject to applicabl e Rules and Regulations of SOUTH ARAPAHOE and S?UTHG ATE, to the ENGLEWOOD Wastewater Utili ty o r d i nance , and to any and all treatment permits issued by ENGLEWOOD f or the d i scharge from the Ta ps, all as now or her~after -3- constituted . 6. Tap Allocations. Th e tap a llocation s ot SOUTH ARAPAHOE under ENGLEWOOD's tap allocation program are not affected by either the Landfill Tap or the Fairways Tap . 7. connection Chara s- 7 .1 Not,..ithstanding e provisions ot Section 5 a!:>ove, because of the limited term of t his Agreem ,,nt a nd the time and rate restrictions on discharge in Se c tion 10 bel.o,.., there shall be no additional SOUTH ARAPAHOE tap fee t or th~ Fairways Ta . 7. 2 Also because o f said l imitations a n d r estrictions , neither the Landf ill Tap nor the Fairways Ta p sha ll be deemed a connection to the Interceptor under the BlA . If, ho,..e~er, discharge from the Taps causes any imp ll .. t ·Jpon any g allons-per-day capacity ent i tlements under t h e BIA, sucn Cf>(>r,,c i ty im pact shall !:>e deemed attributable to SOUTH ARAPAHOE. l n s ~ch event the COUNTY and WMC sha ll be liable for the payment. of Line Charges under said agreement, calculated as p,:ov i ded therein, and SOUTH ARAPAHOE may im pose such tap fees or s y s ·:em develo pment charges upon the Taps as are applicable genera l ly ·.,ithin that District. In lieu of the • foregoing, ho,..ever, SOUTH ARAPAHOE may, at its discretion but not • later than sixty (60) days after notice of Interceptor capacity impact is given to SOUTH ARAPAHOE, the COUNTY and WMC by SOUTHGATE or ENGLEWOOD, alter the t im e and rate restrictions on Landfill discharge into its s y stem so as t o eliminate the capacity impact up on the Interceptor. 7.J The primary basis for t he ,..a lver of connecti on charges hereunder is the assumption that t n e Landfill dewatering program is temporary. Therefore, i f both Taps have not been disconnected at or before the expirat i on o f this Agreement as stated in 14.1, at the electi or. of South Arapahoe in its sole and unlimited discretion, the said Taps may be dec.-·ed permanent. Upon a determinati on to such effect by resolut ;o n of the SOUTH ARAPAHOE Board of Directors follow i ng reasor.::o h , notice to and an opportunity for the COUNTY and WMC to be h .a;,rd, all connect i on charges· attributabl .a to the Taps will be due and payable within JO days thereafter, at the then current amounts and calculation formulae, and the Taps ,..ill be accounted for under the BIA as ne,.. connections t o the SOUTH ARAPAHOE system as of that date . They will not, however , count against the Taps for which SOUTH GATE agreed tc pay Line Charges under the May Jl, 1990 Agreement bet,..een SOUTH ARAPAHOE and SOUTHGATE; the COUNTY and \;MC shall be jointly and severally l iable to pay Line Charges attributabl e to the Taps directly t o ENGLEWOOD . If as o f the expiration of this Agreement -4-• • • • SOUTH ARAPAHOE has not determined the Taps to be permanent as provid.ed above, the Taps shall be promptly and permanently disconnected. 8. MaintenaoCP. Charaes- 8. l The COUNTY and WMC sha.11 pay SOUTH ARAPAHOE an annual service charge ot One Thousand Dol l ars ($1,000.00) tor the Landfill Tap and an annual servi ce charge ot One Thousand Dol lars ($1,000.00) for the Fairvays Tap. Such fees shall be paid in advance, on the date the Fairvays Tap is approved by SOUTH ARAPAHOE . Credit for any prep aid annual service charge attributabl e to the Landfill Tap un~~r the 1985 A£-r eement shall be prorated to the date described im1.0e,iately above. J .2 To preve nt a build-up of metals deposits in the SOUTH ARAPAl!OE's mains, SOUTH ARAPAHOE shall annually inspect its main from the po i nt of the Landfill Tap to the point of the Fain,ays Tap, and downstream from the Fairways Tap to t h e "B" line, a di stance of approx im ately 4,000 feet. Th e inspection shall be done ry SOUTH ARAPAHOE'S regular maintenance contractor. If any build- up of sludge or other solid materials i s found, the same shall be removed by j et-cleaning or other appropriate means. SOUTH ARAPAHOE shall have such removal or cleaning charges b i lled by separate invoice, which the COUNTY and WMC shall pay within thirty (JO) days after receipt. If the charges are a n ticipated to exceed $1,200.00 for any one cleaning pursuant to this secti on, the COUNTY and WMC shall be notified by SOUTH ARAPAHOE in advance of the performance of the c l eaning work. Each annual inspection, and any necessary cleaning , shall be done during the month of August , with a final i nspection , and any n ecessary cleaning, to be done in May , 1999, to coincide with the termination of the Agreement, to leave SOUTH ARAPAHOE with a clean pipe . 8.J. The COL"NTY and WMC are jointly and severally liable for any and all maint0 nance charges imposed pursuant to the BIA . For the purposes of ~alculating same, actual measured flows from both Taps s hall be substituted for the "annualized mid-winter reading" in the formula spec ified by the said Agreement. 9 . costs Reimbursement. The COUNTY and WMC shall be jointly obligated to rel.ll' ·mrse SOUTH ARAPAHOE and SOUTHGATE for the engineering and legal fees they have incurred a ,d will incur in responding to the request by the COUNTY and WMC for the Fairways Tap. These expenses include but are not limited to a ll plan reviews, consul tat ion, observation, inspection, d r afting, analysis, conferra l, and reporting . The amount of such reimbursement shall be dete rmined a ft er the Fairways Tap connection is completed and all SOUTH ARAPAHOE and SOUTHGATE engineering and legal work pertaining thereto is concluded, and paid within thirty (JO) days after invoice by SOUTH ARAPAHOE and SOUTHGATE . 10. Discharge Limitations. 1 0 .1 No wastewater from either the Landf i.11 Tap or the Fa irways Tap shall be disc ~~;-ed into SOUTH ARAPJIHOE facilities between he hours of 5:00 a • .n . and 10:00 a.m. or be·tween the hours of 5 :0n µ.~. and 10:00 p.m. d ~il y. The rate of discharge from both taps c oa.bined shall not exceud t wenty (20) gallons per minute during 'C t\e hours of disc .. -rge except that not more than once each day the discharge rate may be increased to a maximum of one hundred twenty (1 20) gallons per minute for not more than five consecutive minutes . 10 .2 Th e di scharg~ time and rate limitations stated in 10.1 above shall he subject t~ change as reasonably directed by SOUTH ARAPAHOE if flows from the Landfill adversely affect the a va ~lability of peaki ng capacity in SOUTH ARAPAHOE facilities or ·:l-\e Intercept.or. • 11. Emergency Shutoff . SOUTH ARAPAHOE, SOUTHGATE, and ENGLEWOOD shall at all times have the right, without liability for • damages to the COUNTY or WMC, to i::iterrupt the discharge of Landfi l l wastewateL· in the event of a blockage or rupture anywhere wi thi n the SOUTH ARAPAHOE system, the Interceptor or the Plant. 12. Honitoringi Reporting. 12.1 During the term of this Agreement , the COUNTY and WMC will furnish SOUTH ARAPAHOE, SOUTHGATE and ENGLEWOOD with copies of all f low charts, ana l ytical reports, tests, and test results involving tr.e wastewater removal program submitted by them to the Colorado D<,partment of Heal tli. Additionally, SOUTH ARAPAHOE may monitor thE , Taps, review any flow charts, analytical reports, and tests made by any of the parties, and have access to the Taps to examine , i nspect, and make such tests of the Landfill wastewater as · it deems necessary, provided that in exercising its rights hereunder SOUTH ARAPAHOE does not interfere unreasonably with the operation of the Taps or impose an unreasonable administrative burden on w'MC. The COUNT Y and WMC shall reimburse SOUTH ARAPAHOE f or al l costs, and expenses incurred in conne ction with any examinat i on and testing which does not duplicate information previous ly provided to SOUTH ARAPAHOE by the COUNTY and WMC hereunde r. -6-• • • • 12. 2 The COUNTY and WMC shall monitor contaminants present in the discharge at both the Landfill Tap and the Fair,,ays Tap, and shall, tor both ct said taps, provide copies ct the documents submitted to ".:h e Colorado Department of Public Health and Environment to SOUTH ARAPAHOE and SOUTHGATE as provided in paragraph 13 above, and shall notify SOUTH ARAPAHOE and SOU'!'HGATE i mmediately of any changes or new toxic or hazardous material found. 13. cure of Violations. The COUNTY and WMC shall correct any violations or breaches of tllis Agreement, or other conditions reasonably determined by SOUTH ARAPAHOE, SOUTHGATE or ENr-~EWOOD to be injurious to SOUTH ARAPAHOE facilities or the Interce~·or. Upon the failure at the COUNTY or WMC to take appropriate corrective action after notice by SOUTH ARAPAHOE, SOUTHGATE or ENGLEWOOD, any or all of said parties shal l have any or a ll ot the following remedies: undertake such corrective action as it deems necessary; halt landfill discharge into SOUTH ARAPAHOE facilities; disconnect the involved Tap fr om SOUTH ARAPAHOE facilities; and obtain injunctive or other relief from any court of CO l!lpl!l tent jurisdjct i on. Such remedies shall be cumulative, and tha CO UNTY and WMC shall be j o int ly and severally responsible and liable to SOUTH ARAPAHOE, SOUTHGATE and ENGLEWOOD, as appropriate, for all expenses , including eng ineering and attorney fees , incurred in connection with the corrective work. In the event of litigation, the prevaili ng party shal l be entitled to recover its expenses and costs of suit, including attorney fe es and other professional fees and charges. 14. Tern; Term ination . 14. 1 Unless sooner terminated for any reason elsewhere provided, this Agreement shall extend to and until the expiration of the Englewood Wastewater Contribution Permit for the Fairways Tap , or Ma y 15, 1999 , whichever shall first occur . 14. 2 Any party may terminate this Agreement sooner for any of the following reason s: a. ENGLEWOOD refuses for any reason t o treat discharge from the Taps; b. Any party commits a material breach ot any provi sion hereof and fails to cure the same within a reasonable time a ft er service of written notice of breach upon it, which notice shall identify with particularity the act or om ission complained of and the date by which cure is dema nded; -7- c . SOUTH ARAPAHOE determines that notwithstandi ng all efforts to regulate volume and t i mes of discharge , SOUTH ARAPAHOE becomes substanti ally unabl e because of impa irnent of its capacity by d i scharge frc•n, the Ta ps to fulfill its ob ligati ons to users exi st i ng a s o f the d a te of this Agreement ; d. Th e Landfill wast e wa t er drainage contemplated by t i.s Agn,eme 11 t is c omp let e d . 1 4 .J Upon tJ:)e terminati on o f this Agreem,rnl;, ~~'1 e Landfill Tap ~."<d ';:<4' Fa i rway s Tap shall be dis connected permanen tly from SOUTH 11£l-.PA..>lOE f a cilities in accordance with all applicable regulations c;~ govcrnll1e ntal agen cies having j urisdiction, i nc l uding wi thout limitati on, the Co l o rado State Department of Health. All work i nv olved i n sµch disconnection s ha ll be subject furti\er to the a p proval o f SO UTH ARAP AHO E . Th e COUNTY and WMC shall pay all o f the costs incurred in the di connection o f the COUNTY system, including the inspection and other costs of SOUTH ARAPAHOE' s consulting e n g i neer. 14.4 . If f or any reason the Landf i l l Tap or the Fai rways Tap i s disconnected from SOOTH ARAPAHOE faciliti es before all • waste· ater is remov e d f rom the Landfill, the COUNTY and WMC • ackno wledge and agree that an acceptable alternative means of r emoving such remain i ng wastewater exi~ts in the form of trucking, and that the removal o f wastewater from the Landf i ll through SOOTH ARAP AH OE fa c il i t i es and the Interceptor as provided in thi s Agreement, wh ile less expens i ve, i s not necessary for publ i c hea l o r related r e asons . 1 5. Tran s mi ss i o n Liab ilitie s Limi ted. Neither SOUTH ARAPAHOE nor SOUTHGAT E shall have any l iabili t y to ENG LEWOOD for damage to t he Plant caused b y discharge from the Taps, but nothing herein shall be construed to re l ieve SOUTH ARAPAHOE from liability or r ·esponsibi l i t y for its fa ilure o r refusal promptly to carry out reasonable and lawful direct ives f r om ENGLEWOOD to ass i st ENGLEWOO D in stopping t .he discharge of h a z ardous wastes from the Taps. Further , nothing in th i s sect i on shall be construed to prohibit ENG LEWOOD f r om incl ud i ng cost s t o repai r damage to the Plant caused b y disch a r ge from t h e Taps in th e revenue requirements f or its treatme n t c harges appl i ca ble gener a l ly to all customers ser ved by the P l a nt. 1 6. Mi s c e llaneous Provi s i on s . 1 6.1 The COUNTY a n d WMC sha ll indemni fy and sav e h armless SO UTH ARAPAHO E, SO UT HGATE a nd EN GLEWOOD, their of f icers , e mployees, -8-• • and agents, against any and al l claims, damages, actions, or causes of action and expanses , includi ng attorney f ees to which they or any of them may be subjected by reason of or in coMection with the constructi on, operation, modification, replacamant, maintenance, repair, or removal of either Tap, or the use of SOUTH ARAPAHOE f acilities or the Interceptor by the COUNTY and WMC. 16. 2 This Agr-eement shall not be assigned , · sold or transferred by the CO UNTY or WMC wi thout the written con~ent of SOUTH ARAPAHOE. 16.J Should any fede r al or state l a w, rule, penait , regulat i on, or order of court render v oid or un.:1nforceable any provi3 i ons o f t his Agreement , in whole or i n part, the remainder s h a l l be i n full force and e ff ect to the extent poss i b l e . 16 .7 This Agreemen t sha ll no t be used as a legal defense or prohibi tion to a man d atory consoli dat i on of all existi ng sewer collecti o n systems and f a c ilities i n t o a s i ng l e gover nmenta l entity created to assume res ponsibility for sewer service in the area in which the COUNTY, ENG LL.'"j;OO Q, and SO UTH ARAPAHOE are a part, under stat•1tory or constitu t i ona l authori ty , as ma y be t he case . • 16 .8 Th i s Agreem e nt supersedes, term i na t es a nd replaces the • 1 985 Agreement and the Am endment thereto , i n their entirety. 16 .9 The above a nd foregoi ng coT1st i tutes the whole agreement b etween t he parti es and n o adc.it i onal or d if ferent oral r e presen tation, promise or agree me n t shall be binding upon any of the p arties hereto with respec t to the subj ect matter of this Agreeme nt. IN WITNESS WHEREOF , the p a rti es hav e set the i r hands and seals , eff ective the day a nd year first abov e wr i tten . ATT ES T : -~~--/) ✓ u~~J ~odcock, Secre t ary (SEA!,), SO UTH/M AHO E ~ITATION DISTRI CT By :v/J~Yi_~ Ch a rles R. Bruce, President -9 - ATT~~T: /) ' 1/J~ i(Ju.., 4#1- Donetta Davidson Cou.~t y Clerk a nd Recorder (SEAL ) ATTES T : Loucr ishia Ellis City Clerk (SEAL) ATTEST: l '\ / ' f • '::---/4 c.l (!L .n ,i-.cr.__ /4.. !.. •·L c;f r"'- J'U,lia Swearingen ;// secretary 1/ .. '(SEAL) -.... .,':.:... .· .. BOARD OF COUNTY COMMISSIONERS, COUNTY OF AHOE ~ CITY OF ENG LE!oiOOD, COLORADO SOUTHGATE SANITATION DISTRICT, Arapahoe and Doug l as Counties By:¼&A.1,r= Glen E. Neidert, President -1 0- • • • Bilf Jefr>j / secretary (SEAL) WASTE MANAGEMENT OF COLORADO, INC. By: ~ ~..ee,_ Leonard Butler, Vice President , Environmental Management CONSENT OF SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 • SOUTH ENGLEWOOD SANI TATION DISTRICT NO . 1, being a par ty to the Basin Interceptor Agreement, acknow J gdges receipt of a copy of this WASTEWATER TRANSMISSION AGREEMENT, and declares that it consents to the same having baen entered into by the other parties to said Basin I n terceptor Agreement. Dated th i s Sc~ day of ~~o~~~i~l~--• 1995. ATl'EST: -;:: .·_ . ...-.:.:: SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 By: ~~ ~,uck ~ Eugene ~Dunham, President -11- .. ~ .. -i.=-.~u....,.,,r_:. 1H) c;:Oi ... ~~~ G-- = ~~-<C _, .... --,_, -. ~ .. -. ; .. - OF STUDY .A.'f":.A LOCATION • • Date June 5, 1995 INITIATED BY Utilities Department COUNCIL COMMUNICATION Agenda Item 10 a i Subject Wastewater Transmission Agreement STAFF SOURCE Ste wart H. Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION W as te Management, South Arapah oe , Arapahoe County and Englewood entered into a Wastewater Transmission Ag reement on January 21, 1985 for the treatment of collected ;torm water from the landfill. The 1985 agreement was ext ended and modified by an Amendment dated October 1, 1990 to ailow a lift station and dewatering sump . RECOMMENDED ACTION Council approval of the Wastewater Transmiss ion Agreement between South Arapahoe Sanitation District, Southgate Sanitation District , the Board of County Comm issioners of the County of Arapahoe, the City of Englewood and Waste Management of Colorado , Inc. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The County owns the County Line Landfill and Waste Manag eme nt Company is the operator and manager of the landfill. Rainfa ll and natural drainage ha ve resulted in water contain ing contaminants to collect at the landfi ll site . , The proposed agreement would allow South Arapahoe to accept collected storm water, wh ich would then flow into the Big Dry Creek Interceptor, which is owned in various segments by Southgate and Englewood and ult imately in to the Bi-Ci ty Wastawater Treatment Plant. The proposed Agreement would authorized a ne w and separate connection to permit the discharge of contam inated effluent from a groundwater collection , pump ing and transm iss io n system located on Tract Kat the Fa irway s of South Suburban , Fil ing No . 3 Subdivision. (See attached Figure 1 ). FINANCIAL IMPACT All engineeri ng, conslruction and connection fees will be incurred by Waste Management Company. No permit shall be approved or serv ice provided until final construction is approved by South Arapahoe. The City of Eng lewood will collect treatement charges based on usage from the landfill site . Connection charges are waived under the assumption that the Landfill dewatering program is temporary. UST OF ATTACHMENTS Wastewater Transmiss ion Agreeme nl Proposed Ordinance •