HomeMy WebLinkAbout1995 Ordinance No. 049•
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ORDINANCE NO . 11
SERIES OF 1995
BY AUTHORITY
COUNCIL BILI.. NO . 55
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLE!) CITY DITCH/HIGH LI NE CANAL AGREEMENT BETWEEN THE
CITY OF El'-GLl,;WOOD, COLORADO , AND THE CITY AND COUNTY OF
DENVER, COLORADO .
WHEREAS , Engl ewood and Denve r wi sh to arrange for delivery of water I<> eac h of
them from a ditch owned by the other; and
WHEREAS, Englewo od desi res deliverie s from the High Line Ca1,al and Denver
desires deliveri es from the City Ditch ; and
WHEREAS , the High Line Canal ("High Line") is owned and operated by Denver;
and
WHEREAS , an outlet from th e High Lin e i, used by Englewood I<> supply water to
McLellan Re servoir ; and
WHEREAS , Englewood ow ns and ope rate s th e City Ditch from Chatfield Reservoir
nonh I<> Har"ard Gulch bl ow -off; a nd
WHEREAS , Denver own s the City Ditch from Harvard Gulch north I<> its
terminus ; and
WHEREAS, Engl ew ood uses City Ditch to convey water for Engl ewood's use to
Mclellan Reservoi r and Allen Filter Plant and al so to supply various contract users
who diven fr om City Ditch south of Harvard Gulch ; and
WHEREAS , Denv er use s de live ries from City Ditch to supply water to parks and to
contract use rs below Ho rverd Gulch ; and
WHEREAS , Denver's rights to deli veries from City Ditch at Harvard Gulch a nd
Engl ewood's rights to deliv eri es fr om the Hig h Lin e are contained in a series of
contra cts , but are du e to expire on Nove mber I, 1998; and
WHEREAS , Denver and Engl ewood desire to extend the term of thei r respective
righ t s t o deli\·eri es from City Ditch and th e High Lin e Canal; end
WHEREAS , "\e r re,;ew by the Englewood Water and Sewer Board at their Augu st
8, 1995 mee ting, 'ie Englewood Water and S ewer Board recommend s approval;
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NOW , THEREFORE, BE IT ORDA INED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO, AS FOLLOWS:
~-The • City Ditch/Hig·h Line Canal AgTeement' be tween the Ci ty of
Engl ewood anrl the City and Cou.nty of Denver is h s,~by accepted and app1'0ved by the
Engl ewood City Council. Th e Ma yo r is authorized to execute and the City Cle:k to
attest and seal th e AgTeement for M d on behalf of the City of Englewood , Colorado.
Sf.ai.an..2 . Th e "Settlement AgTeemen t" is attached as 'Exhibit A".
In troduced, read in full , and passed on fir st reading on th e 21st day of Au.gust, 199~.
Publi sh ed as a Bill for an Ordinance on the 24th day of Augu st, JQ95 .
Rea d by titl e an d passed on fina l reading on th e 5th day of September, 1995.
P ublished by title a Ordinance :s;o. ;jq Series of 1995, on th e 7 h day of
September, 1995.
ATE
Loucrish ia A. Ellis, City Clerk
I, Louc rishi a A. Elli s, City Clerk of th e City of Englew ood , Co lorado, hereby
ce rti fy that th e above and fo regoing is a true copy of the Ordinance passed on fin al
rea ding and publi she d by ti t le as Ord inance No .J/!/_, Se ri es of 995 .
Lou cri shi a A Ellis
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CITY DlTCl/llQI LlW CaDL AIDIDIIDIT
THIS l\GRE El-!~NT is made and entered into as of the day of ,
1995, by and b etween the City and County of Denver-;--icting by""iiid
thrc,,.~h i ts Board of Water C011111iallioners, a municipal corporation of
the St ~te of Colorado ("Denver"), and t he City of Englewood, a
muni c i pa l c orporati on o f the S~ate of Colorado ("En,Jlewood ").
A. Englewood and Denver wish to arrange for deliv~ry of water
to each o f t.ll ra f ro:ll a ditch owned by the other. Englewood desires
delive ries frc,m the High Line Canal, and Denver desires deliveries
from the Ci ty Ditch.
B. The Hi gh Line Canal ("High Line ") is owned and operated by
Den ve r. An outlet f rom the High Li ne r s used by Englewood to supply
wate r to McLe l l an Reservoir .
c. Englewood owns and opera t es t he City Ditch from Chatfield
Reservo i r north to Harvard Gulch bl~w-off . Denver owns the City
Ditch from Harvard Gulch north t c, its terminus . ~nglewood usea City
Ditch t o convey water for Eng l ewood's use to McL~llan Reservoir and
Allen Fi lter Plant, and also to supply various contract users who
d i vert from City Ditch south of Harvard Gulch. Denver uses
deliv e ~i es from City Ditch to supply water to parks and to contract
users below Harvard Gulch.
D. Denver's rights to deliveries from City Ditch at Harvard
Gulch and Englewood's rights to deliveries from the High Line are
contai ned in a series of co t racts, but are due to expire on November
1, 1998 . Denver and Englewood desire t o ext~nd the term of their
respecti ve r i ghts to deliveri es from City Ditch and t he High Line .
The re f or e, the parti es h ave agreed as follows :
I. IIIGI I.DCB CJIIIAL
1 .1 Del i veries to Englewood . Whenever Denver is running water
in the Hi gh Line at leaat as far as the turnout to McLellan
Rese rvo i r, Denver shall divert at the High Line diversion dam not
less than 5 cubic f e et per second (cfs) and up to 60 cfs of
Englewood's wa t er. Englewood shall determi ne the amount of its water
to be diver ted, up to a maxi mllffl of 60 cfs . Denver shall continue t o
opera t e t he High L1ne f or de l iveries to c on t ract users north of
Hc Le ll an Reservo i r unde r t he 1879 High Line pr iority.
1 .2 Not1 ce . Denver s hall give Englewood reasonable advance
no tice o f t!ietime whe n Denver will beg i n running water t hrough the
Hi,;!, Line . lfhen Denve r notifies Englewood that water 1s ruMing in • ·
the High Line, Englewood shall give Denver 48 hour ■ advance notice of
the amount ot its water to be diverted, including rate and duration
of flow. Denver shall make all reasonable and practical efforts to .
comply with L~?lewood's directions concerning comnenceaent tiae, rate
11nd duration of flow. Denvu has the right to terainate diversions
,,f Englewood's water, so long ae all diversions of water into the
Hig h Li ne are terminated at the same tiae.
1 ,3 Measuremen t and Ditch Losa. Englewood shall bear a ditch
loss of 16 per cent (l6I) of lta water, diverted at the High Line
divers i on du, as measured at the gage adjacent to Platte Canyon
Reservoir , for delivery to HcLellan Reaervo!.r. The deliveries of
Englewood' water will be measured at the gage on Dad Clark Gulch
between tu" Hlr1l> Line and McLellan Reeervoir . For example, if 60 cfs
is di verted for Englewood at the divereion dam, 50.4 cfa shall be
delivered through the Dad Clark gage . In the event that any
improvements are made to the High Line which decrease its seepage
loi ·ses, the amount of ditch loss which Englewood must bear shall be
appropr iate l y reduced .
1.4 Waiver by Denver of Ditch losses. Notwithstanding
~aragraph 1.J, Denver shall, to the extent legally peI'lllissible, waive
the 16\ carriage loss when Denver is carrying Englewood's water in
the High Line along with water diverted by the High Line 1879
priority; provided that, D~nver ls not prohibited, for reasons beyond
its control, from construcling the improvements propose~ in paragraph
2 .1. 2 . Englewood shall continue to bear the 161 carriag,, loss •
whenever Denver is not diverting under the 1879 High Line priority
(i.e. the Antero Contract Run). Whenever the 161 carriage loss is
wai ve d , Denv er's maximum diversion and delivery rate for Englewood
. ha ll be reduced from 60 cfs to 50 cfs,
1 .5 Water 9uality. Denver makes no warranty as to the quality
of the water delivered to Englewood, and Englewood will accept same
"as 1s".
1.6 Maintenance Responsibility . Denver shall operate and
ma intain the High Line for delivery o! Englewood's water to HcLellan
Reservoir. Englewo,od shall pay a proportionate share of operation
~nd maintenance costs as described in paragraph 1.7 . Englewood shall
m~in t ain the present measuring flume a t the McLellan Reservoir
tu.neut , at Englewood's sole expense .
1 .6.l Shut-off of deliveries. Denver shall perform any
maintenance work requiring either a complet~ or partial shut-off
(f de liveries in the High Line wi th the utmost expediency to
minim i ze water losses. Ex~ept in emergency situations, Denver
shall notify Eng l ewood of all comple t e or partial shutoff at
least 48 hours in advance . · ·
1 .6.2 Annual Inspection. Represent atives of Englewood and
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Denver will p~~form annual joint inapectiona of the High Line to
detenaine ~dintenance work required to continue to deliver the
rat~~~: flow aet forth above . The inapection of the High Line
will be limited to the reach between the South Platte River
diversion dam and the HcLellan Reaervoir turnout. The annual
inspection shall be made ao that all required maintenance work
will be completed, t~ the extent practical, prior to April 1.
1 .7 Englewood'a Share of High Line Expenaea. Englewood ahall
pay a proportional share of the Board's annual High Line
administration, operation and maintenance expensea(including
depreciation) on that portion of the canal from and including the
High Li ne diversion dam to HcLellan Reaervoir (a diatance of 16
miles, more or less). Denver will not charge Englewood for High Line
capital coats, defined as the construction of new phyaical structures
or improvements to existing atructures that will have a uaeful life
of five years or more(except for depreciation which shall be included
in operation and maintenance expenses and calculated under generally
accepted accounting procedures consistently applied). Englewood's
proportional share of those costs shall be based on the ratio of the
volume of water diverted for Englewood at the High Line diversion dam
to the total amount of water diverted by the High Line from the South
Platte lli ver.
1.7.1 Calculation. The computation of Englewood's ahare
of costs shall be In accordance with the following fomula:
C£ a (16/63.6) x Ca x (Q1/Q,t) .
Where:
16
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Length of the High Line in miles from the High
Line diversion du to the turnout for HcLell a n
Reservoir on Dad Clark Gulch .
Length of High Line in miles from High Line
diversion d&11 to its terminus at the Rocky
Moun t ain Arsenal turnout. This distance may
change in the future depending on Denver's
operat i ons .
Total annual High Line diversion, in acre-feet as
measured at the gage adjacent to Platte Canyon _
Reservoir .
l 'ot:al annual amount of Englewood water diverted
or delivered into the High Line, in acre-feet, as
measured at the gage adjacent to Platte Canyon
Reservo i r , ·
The Board's total annual costs for
administration, operation and aaintenance of the
High Line (baaed upon actual mile• operated by
Denver).
Englewood's proportional share of annual High
Line costs.
II. Clff DlTCI
2.1 Deliveries to Denver.
2.1.1 Basic Delivery. During the period of April 1
through October 31, inclusive, Englewood shall deliver to Denver
through the City Ditch at Denver's request up to 10 cfs of water
at Harvard Gulch (measured at the Washington Park flume) ("Basic
Deli very"! .
2.1.2 Enlargement of Basic Delivery . Upon replacement by
Denver of approximately loo lineal feet of 36 inch diameter
corrugated metal pipe conveying City Ditch water between the
street and alleyway adjacent to the r~sidence at 3018 s. Grant
Street, Englewood, Englewood shall deliver, at Denver's request,
up to 13 cfs to Harvard Gulch, but no ~ooner than April 1, 1997 .
Denver shall alsp be responsible for ifflE,~ovements,if any,·to the
City Ditch north of and including Hampden Avenue to enable the
dellvery of 13 cfs to Harvard Gulch. Englewood ahall be
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responsible for any maintenance activities necessary to convey •
the 13 cfs to Harvard Gulch. Arl ,aurveya, engineering and other
studies, and construction in connection with any improvements
shall be performed at Denver's sole expenae. Englewood shall
cooperate fully in allowing any necessary ~nvestigations and
construction. No such construction, however, shall be performed
without the prior written consent of Englewood, which shall not
~e unreasonably withheld. Denver Bhall comply with Englewood's
.reasonable design s t.andards or crit,?ria in making these
improvements. After satisfactory completion of such replacement
and improvements, Englewood shall deliver 13 cfs to Denver at
Harvard Gulch, from Aprill through October 31 of each year.
Dt!nver will allow Englewood until April 1 1997 to perform
maintenance activities i including the removal of silt or debris)
necessary to deliver the 13 cfs .
2.1.3 Location of Other Deliveries. Denver may ~quire
Englewood to deliver, through the City Ditch, any portion of the
13 cfs otherwise deliverable at Harvard Gulch to any existing
delivery structure or structures south of Harvard Gulch for
i rrigation of parks, open space, and golf courses of Denver or
i ts customers . Such deliveries shall be in add i tion to the
~eliveries which Englewood i s already required to make to
existing contract users south of Harvard Gulch. If Denver
wishes to utilize new delivery structures, Denver shall pay to
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Englewood the full cost of the construction of the new delivery
a ~ructurea. Englewood shall perform the construction during
pericds when no interruption of flow will be nece ■■ary.
2.1.4 Interruption of Deliveries. In •eaergency
situations," Englewood may temporarily reduce or eliminate the
deliveries of 10 cfs or 13 cfs pursuant to paragraph 2.1.1 or
2.1.2, respectively to Denver at Harvard Gulch (or south), so as
to increase the flow in City Ditch available for diversion into
Englewood's Allen Filter plant. An "eaergency situation• ia
defined as a casualty, such as an accident, mechanical
breakdown, burst pipe, flood, presence of a harmful'pollutant
which is a threat to the health and safety of Englewood's
.residents, earthquake, fire or ~indstorm, which causes Englewood
to be unable to make full use of it ■ points of diversion from
the South Pl a tte River or Bear Creek, other than City Ditch. In
the event of an interrupt i on due to an emergency situation,
Englewood shall take all reasonable and practical actions to
enable it promptly to resume full deliveries to Harvard Gulch or
such other location as Denver may ~esire. If the reduction or
elimination of deliveries at Harv .. td Gulch (the reduction) lasts
for less than 24 hours, Englewood shall not owe Denver any
compensation. For any period of reduc;tlon in .. i.cess of 24
hours, Englewood shall pay Denver for the amount of water not
delivered due to the interruption to the extent the interruptior.
lasts more than 24 hours. For example, in event of a
interruption that lasts 30 hours, Englewood would owe Denver for
the amount of water not delivered. for the last six hours •
Englewood shall pay Denver for such water at Denver's lowest
then current Outside City raw water rate when the interluption
occurs.
2.1.5 Interruption for Maintenanc~. Englewood shP.ll
perform any maintenance work requir.ing either a complete or
partial shut-off of deliverit= i n City Ditch with the utmost
expediency to minimize water losses. Englewood shall, except in
emergency situations, notify Denver of all complete or partial
shutoff at least 48 hours in advance.
2.1.6 Water Quality. Englewood makts no warranty as to
the quality of the water delivered to Denver, and Denver will
accept same "as is".
2 .2 Englewood's Operational Responsibil!lY, Englewood shall
continue to operate anomalntain city Ditch ,rom the Chatfield
Reservoir outlet worts to the Harvard Guic-:1 blow-off. Englewood
shall provide water to meet Denver's delivery obligations to the
present contract uslrs on City Ditch south of Harvard Gulch, but such
deliveries shall not be in excess of the contract rights to water
which may be diverted under Denver's City Ditch priorities.
2 .2.l Annual Inspection .
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Representatives of Englewood
.. ,..,.. .., .. eau 111 ,n,
and Denver will perform aMual joint inapectiona of City Ditch
to determine maintenance work requl.red to continue to deliver
the rates of flow aet forth above . The inspection will be
limited to the reach between the valve at the end of the Cor9a 1
Chatfield Dam outlet manifold and piping ayatem and Harvard
Gulch. The annual inspection ahall be made so tha t all required
maintenance work will be completed, to the extent practical,
prior to April 1. ·
2.2 .2 Littleton Cemetery. Englewood accepta full
respr.n dibility for perfomnce of Denver's obligation• under
that certain agreement between Denver and the Littleton Ce111etery
Association dated Hay 13, 1933, attached hereto and .marked
"Exhibit B", ao as to relieve Denver of any liability with
respect thereto. Denver has assigned all its rights and
obl i gations under that agreement to Englewood .
2.3 Denver's Operational Responsibilit~. Denver shall continue
to operate and maintain City Ditcnnorth ofarvard Gulch, and shal l
mainta in t he Harvard Gulch blow-off structure at Denver's sole
expense Denver s hall be solely responsible for supplying all
contrac· 3ers who divert from Ci ty Ditch north of Harvard Gulch from
the 10 o r 1 3 cfs to be provided hereunder . Englewood shall have no
responsibility for operation or maintenance of City Ditch north of
Harvard Gulch.
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2.4 Fees Charoed to Contract Users. Englewood will be
responsible for charging fees to contract users who divert south of •
Harvard Gulch, including e•tablishing fees, billing, and receiving
and retaining payments. Englewood will maintain normal business
facilit i es and rec ords for such collections, and annually advise
Denver of paymen t or non-payment. Denver will set fees, bill,
receive an~ ret,in payment from contract users who di vert north of
Ha r vard Gulch .
2.5 Rioht of Revers i on or Acquisition . Denver retains the
r i ght of r eversion as to any contractual right for which an annual
ser vice c harge is not paid by Hay 21 of any year. Denver also
ret ains t he right to acqui r e any contractual right i n the City Ditch .
Except a s to those contrac ts that take water north o f Harvard Gulch,
any su~h r eversion or acquisition shall increase the amount of water
which Eng l ewoo d i s obl i gated to deliver to Denver : provided that,
Denver reimbu rs es Englewood as provided in paragraph 2 .6; and
provided f urther, Denver i s responsible for any improvements to t he
City Di tch required to convey such water north of the turnout of the _
contract users which Denver acquires by purchase or revers i on . If
Denve r a c quires contract i nches wh i ch now divert s outh of Allen
Filter Plant for delivery north of the filter p l ant , t hen Denver will
make such i mprovements, if necessary, to prevent t ~e di minution o(
tt,e exi s ting c apac i ty (2 5c f s) t o Englewood .
2 .6 Denver's Share of City Di tch Expenses .
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2.6.l Reimbur1able £xpen1ea. Denver shall pay a portion
of the annual adilnl1tratlon, operation, and maintenance
expen1es (including depreciation) ("City Ditch Co1t1•1 for the
City Ditch incurred by Englewood when Englewood delivers water
under the Ctty Ditch Water Rights for uee by Denver. The City
Ditch Water Right• are thole· rights decreed to the City Ditch
(a.k.a., Platte Water Company's Ditch) as evidenc&d by decree of
the District court of Douglas County, adjudicating water rights
in former N~ter District No. e, entered on December 10, 1883.
The City Ditch Coats ehall exclude any and all coats a1aociated
with the pWDp 1tation located on the City Ditch which delivers
water from the City Ditch to HcLellan Reservoir ("McLellan PWDp
Station") and coats associated with any expan1ion or
improvements of the existing turnout from the City Ditch which
delivers water to Englewood's Allen Filter Plant. The City
Ditch Costs are to be determined by the IWD of the following:
A) operation expenses from April through October,
inclusive, and maintenance expenses that occur throughout the
year for that part of the City Ditch north of the McLellan Pump
Station multiplied by the ratio of the annual volume of water
diverted under the City Ditch Water Rights divided by the total
of the annual volW1e of water diverted under the City Ditch
Water Rights plus the annual volU111e of all other water Englewood
may deliver to the Allen Filter Plant north of the McLellan Pump
Station; plus
Bl sixty percent (6011 of the operation and maintenance
expenses from 1,pril through October, inclusive, for the part of
the City Ditch south of the HcLellan P11111p Station; plus
C) sixty percent (6011 of only the maintenance expenses
from November through March, inclusive, for that part of the
City D~tch south of the HcLellan PWDp Station.
The 601 represents the percentage of the current capacity
(58cfs) of the piped portion of the CJty Ditch between Chatfield
outlet manifold and the McLellan Pump Station that the fomer
open ditch could carry through this reach (35cfs).
Denver's portion o~ the City Ditch Costs shall be detemined by
taking the City D~tch Costs calculated as described above and
multiplied by six·cy one percent (61~). This factor shall reaain
constant even aftl!r Denver &dkes improvements to the City Ditch
condu i t pursuant to paragraph 2.1.2. and increases its right to
receive water there~y; provided however, that should Denver
succeed to the rights of any present contract users south of
Harvard Gulch, Denver shall pay six (6) percent of total City
Ditch Cost~ for each one cubic feet per second of water to which
Denver succeeds (fract i ons of a cfs to which Denver succeeds
shall be prorated). An example of a calculation of the City
Ditch Costs is dep icted in Exhibit A .
Ol :U -WA11111U:L
2.6 .2 Capital Coats. Englewood ahall not charge Denver
for City Oitcncapltal coata(except for depreciation which sha l l
be included in operation and iaaintenance expenses and calculated
under generally accepted accounting procedures consistently
appl i ed). Capital coats are the coats for construction of any
new phys i cal structure or improvements to existing structures
that wi ll have a useful life of five years or more. The U.S.
Anny Corps of Engineers (Corps) does not presently charge
Englewood for coats associated with the right-of-way for
carriage of City Ditch water through the Corps ' Chatfield
Reservoir facilities . Any future costs assessed by the Corps
shall be considered an operations and maintenance expen ■e which
can be charged to Denver under paL 9raph 2 .6.l.
2.7 Water Rights. F-nglewood will divert on Denver's City Ditch
priori ties in order to obtain the 11110unt of water n,cesaary for the
del i ver i es to Denver and to the contract users other than Denver or
Englewood. Denver shall not contest Englewood's claim of ownership
by c ont rac t or other wis e to d ivert up to 3.21 cfs under the senior
priority of 30 cfs decreed t o Ci ty Di tch with an appropriation and
priori ty date of Novemb e r 28, 1860, as evidenced by decree of the
Distri ct Cour t of Douglas county, adjudicating water rights in former
Water Di stric t 8, entered on December 10, 1883. Englewood has the
reversionary right as the co-c arrier only to its City Ditch contrac ts
up to 3.21 cfs. Denver does not warrant title to or .the legal or
phys i ca l ava .llabi lity o f the 3.21 cfs claimed by Englewood .
2.8 Use of Ircaired Capacity. To whatever extent the carrying
capacity of the dich is impaired for reasons beyond the control of
Englewood and until the ditch can be restored by reasonable
diligence, then the delivery rate below the obstruction shall be
based upon each party's pro-rata deliveries of City Ditch water
under t his Agreement . I f t he i mpaired capacity is due to failure to
adequa t ely main t ain the City Ditch south o f Harvard Gulch (such as
remo val of s i l t or remo v al of debris), then Denver's rights to
deli ve r y up to 13 cfs shall be paramount and Englewood's rights to
i ts water se conda r y unti l the ditch is restored.
2 .9 Use of City Ditch Excess cagacity . If Englewood determ 1n·,s
the Ci ty Di tch has excess capacity, ten Englewood will deliver
Denver's rema ini ng City Di tch entitlement; provided that such
del i ve r i e s do no t interfer e wi th Englewood's pri or obl i gati ons or
interfere with its lo r its l essee's) present or future use of the City
Ditch.
2 .10 St orm Dra i naqehi ntoill.Y._!)itch . Water in excess of the
needs of the use r s from t e CityDllinl"excess water") will be
dumped as fo llows : All excess water introduced or collected in City
Ditch s ou th of t he turnou t i nto Little Dry C~eek will be dumped into
Litt le Ory Cre ek . Excess water i nt ~oduced or collected in City Di tch
north of the t urnout into Li t tle Ory Cree k will be dumped at the
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Harvard Gulch blow-off into De nver•• atom draina9e eyatem.
Englewood 1114Y not redeaiqn, reconatruct, 110dify or change City Ditch
so as to increase the &1110unt of ■tom drainage water that preeently
collects in and is cerried by City Ditch between Little Dry Ci:eek and
Harvard Gulch without the prior written consent of Denver. Any
modification, replacement or reconstruction of the existing dump
faci lities or construction of new dump facilities at Harvard Gulch
shall be performed in accordance with plans and specifications
prepared by an engineer accepted by Englewood and Denver as qualified
and competent . ·
III. KilaLJ.IIIISOUI PIIDVIIIOIII
3.1 Calculation of the J\llount of Ex~enses Incurred with Respect
t:o Ci t a Ditch and R1~h Ll ne. Denver and nglewood'a expenses
hereun er shall cons:st Clrdirect labor, 111&terials, equipment,
vehicles, and overhead(admi nistration, tools , benefits and leaves)
ne c essary to perform the activities under t his Agreement. Whatever
t ype of expenses charged f or by one party may alao be charged by the
o t he r . For example, 1f Denver include., as an administrath ~ expense
an amount for payro l l p~.r ~onnei, Englewood may also, but the amount
2nd methodology should b~ based on the reepective expenditures 1of
each party . Each party shall keep re~aonable and consistent records
of its hours of direct labor and supervision, material costs, fringe
benefits and other payroll levies and equipment usage upon which its
costs are based and the methodology used by each party to calculate
such charges . Such records shall be kept for at least three c ~len~~=
years beyond the calendar year during which they were incurred, a nc
shall be available for ir,spect:ion by representatives of the other
party duriny all reasonab le bus i ness hours. Each party's d~cWilents
which show the method of calculation of costs shall be similarly
avai l able for inspecti on.
3 .2 Denver's Ci ty Ditcb Water Rights. Nothing herein shall be
construed to affect Denver's ownership of its City Ditch Water
Rights (ex~ept as provi ded i n paragraph 2.1).
3 .3 Pr~vious Aqre~men t s. This Agreement supersedes the
Agreeme n t of February 6, 1970 and any amendments thereto .
3 .4 Colorado Law. This Agreement shall be c onstrued under
Colorado l aw .
3.5 Integration . This Agreement consti tutes the entire
agreement between the parties . It supersedes a.11:1 prior agreements or
unders t and i ngs between t he parcies.
3.6 Succe s sors. The r i ghts of each part y to re c e i ve deliv e r ies
sha l l b e b i nd i ng up on the successor .
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3. 7 ~. Charge•· to each party for adlllinhtration, • •
operation ~nteiance e~penaes incurred during each calendar year
shall be billed on or before March 1, of the succeeding year and
payment shall be due within thirty (30) days of receipt of billing.
3 .8 Charter Prov i sions. This Agreement is aade under and
conformableto' provulons of Section.a C4 .14 through C4 . 35 of the
Charter of the City and County of Denver and the provisions of the
Charter of the City of Englewood . Insofar as applicable, said
Charter provis i ons are incorporated herein and made a part hereof by
this reference, and shall supersedo any apparently conflicting
provisions otherwi se contained_ in this Agreement.
3 .9 Term of Agreement. Thia AgreUlent shall be perpetual.
3 .10 Effective Date . This Agreement shall be effective on
January 1, 1996 for purposes of calculating charges and deliveries
hereunder.
ATTES T:
Secretary
APPROVED:
Planning Div1s1on
APPROVED :
Legal 01 vis i on .
ATTES T :
City Clerk
CIT! MD C(, iJIITT or DllfVZI\
acting by and through its
ll0UII or DTD CClllllSIOREIUI
By: "P""re.,..s""I,..d'"e,..n"'t _________ _
REGISTERED AND COUNTERSIGNED
Donald J. Mares, Auditor
ClT'f or ENGL1:1100D, COLORAIXl
By: nR"'a.,.,yo.,..r ______ _
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l!Dlblt A .
Example of Calculllioa for O.rminin1 Dlnver'1 Ponioa of City Ditdt Colts
~ (Exsmple Only)
~
Enalewood's opention expen-fmm April throuah Oclober,
inclusive, and annual maintenance e•penscs nonh of McLellm
Pump Station
Enalewood's ope1'111ion 111d mllintenmee •~pen-from
April throuah October, inclusive , south of McLellan Pump
Swion
Enatewood's mainten111ce expenses fro m November throust,
Mardi , inclusive, south of Mcl,ellm Pump Station
Annual volume of water dive"od under City Ditch Water Ria),ts
AMual volume of tll wster delivered by Enalewood lo Allen
Tre1tmen1 Plant other than City Dit..h Water llights
City Pitch Costs
$160,000
S 10,000
S 5,000
1,100 acre-feet
700 aa.feet
I) $160,000 (.lJ_Q2_JJ.) $147,272 .73
(B ,100 Lf. + 700 Lf.)
2)
3)
600/4 x I 0,000 =
60o/o X 5,000 =
S 6,000
Denver', Portion or City Ditch Com
6lo/o X $156,272 .7): $95,)26.)7
s ---1.J!22
$156,272.73
If Denver were to succeed to 20 inches of City Ditch contracu Ihm Dm,ver's tot1I would
be determined u follows :
20 inches • o.s21 cfs
3 8.4 inches/cf.1
0.521 cfs x 6% (increase to Denver's 611/, for each cfs) ·= 3 .125%
or 61 % + 3.125% • 64 .125%
64 .125% X $156,272.73 • $100,2 09 .89
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COUNCIL COMMUNICATION
Date Agenda Item -· Subject
August 2 1, 1995 10 a V
City Ditch/Highl ine Canal
Agreement With Denver
Water Deoartment
Initiated By I Staff Source
Water and Sewer Board Stewart Fonda
RECOMMENDED ACTION
Council approval by ordinance of the attached City Ditch/Highline Canal Agreement with the
Denver Water Department .
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Replace agreement with the Denver W ater Department dated November 1, 1978 with the new
proposal.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
T his is an exten sio n of the previous agreement that incorporates the changes listed on
attachment 2 . It is a condition of the Denver Water Department tha't this agreement be
executed simu ltaneously with the Englewoorl-Denver-Cyprus Agreement on the Engl'!wood
Cabin-Meadow Creek System .
LIST OF ATTACHMENTS
1. C ity Ditch/H ighl ine Cana l Agreement
2 . Outii ne of City D itch Highline Canal Agreement
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