HomeMy WebLinkAbout1995 Ordinance No. 053••
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ORDINANCE N0.13
SERIES OF 1995
BY AUTHORITY
COUNCU. DILL NO . 58
INTRODUCED BY COUNCIL
MEMFER 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 MAJNTENANCE OF AN AREA
IN THE CHF.RRY HILLS VILLAGE WASTEWATER COLLECTION SYSTEM.
WHEREAS, Ordinance No. 16 , Series of 1995 was passed by the Englewood City Council ;
however, modifications were requested by Cherry Hills; and
WHEREAS , th e requested modifications are inclt 1<!d in th e proposed Ordinance; and
WHEREAS, Cherry Hill s Village conveys to Englewood a li ce nse, but not ownership over
the wastewater collection facilit ies 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 r espond to all emergency calls and take corrective action, locate district
Jines and answer inquiries concerning sa nitary sewer service; and
WHEF ::AS, routine mai ntenance charges shall be di•/lded among the customers in each
sewer se rvice area ltS dir-?ct.ed by Cherry Hills Villa ge with the customers on the Cherry
Hills Village collection system hoving additional fees added to their existing wastewater
treatme nt bills to cover th e cost of providing such main~nanc e service by Englewood; and
WHEREAS, th e a mount added for norm al, routine flushing and maintenance serv ices
shall be at a ra te which is based on the same estimated annual cost per liner foot. of sewer
main that Englewood ex pe ri ences for norm al, routine flu shing and cleaning with the
Englewood Wastewater Collection area; and
WHEREAS, the cost of non routine r epairs 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
ENGLEWOOD, CO LORADO , AS FOLLOWS :
~ The intergovernmental agreement "'1th respect t,.. th e City of Engl e wood 's
maintenance of an a r ea in th e Cherry Hills Village Wast ewat er Collection System,
attached hereto as "Exhibit A,'' is he reby 1<cce pte d and approved by the Englewood City
Council. The Mayor is authorized to execute and th e City C lerk to attest and seal th e
Agre e ment for and on behalf of the Ci ty of Englewood , Colorado.
In trod uced , read in full , and pa ssed on fir st reading on the 18th day of September, 1995 .
Publish ed a s a Bill for an Ordinan,,e on the 2ht day ofSeptemlJer, 1995.
Read by titl• and passed on finol _reading on the 2nd day of October, 1995.
Publi shed by title a s Ordinance No5~ Seri es of 1995, on th 5th day of Octobe r, 1995.
L 4.{!t
Lou cri s h ia A. Ell is, Ci ty Clerk
I , Lou cri shia A Ellis, City Clerk of the City of Englewood , Colo ra do , h er eby certify that
the above and fo regoing is a tr ue cOj?.)•..pf th e Ordinanc e pa sse n final readi ng an d
publi sh ed by Litl e a , Ordinance No .U S.ries of 1995.
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• EXHIBIT A
WASTEWATER COLLECTION _iSTEM MAINTENANCE AGREEMENT
CITY OF CHERRT HILLS VILLAGE
(Former Cherryridge San.Dist.)
AN AGREEMENT, dated this ___ day of ___ , 1995, between the
City of Che,rry Hills Village (Chen-y Hills) and the City of
Englewood (Englewood), regarding the mair•tr.nance of a certain
wastewater collection system:
WHEREAS : Cherry Hilla is the owner of a wastewater c ,,llection
system (Collection System) within Cherry Hills that hereto before
has been a system owned and operated by the Cherryridge Water and
Sani tation District, shown in Attachment A, and
WHEREAS: Cherry Hills does not cu=ently own or operate any waste-
w~t er collection maintenance equipment, dnd
• WlIEREAS: Eng l ewood owns and operates maintenance equipment for a
wastewater colle~tion s ystem located within the City of Englewood .
NOW, THEREFORE, Cherry Hills and Englewood hereby covenant and
agree that :
l. Eng~ewo od shall prov' ci 4 '"'~:!!al and routine, and extraordinary
and nonroutine maintenance, rep a ir and replacement services for the
Collection System, as shown in Attachment A, as needed to insure
efficient , con tinuous and economical service within the Cherry
Hills Collection System. Flushing and cleaning of the sewer mains
and point repairs not deeper than 10' and/or not longer than 10'
s h all be considered normal and routine maintenance repair and
replacement. Englewood shall also respond to requests t o locate t he
sewer mains and manholes as routine maintenance. Point repairs
• deeper than 10' and/or longer than 10', or where unusual conditions
exist, such as, but not limited to, excessive ground water,
excess i ve slope, excessive vegetation, that limit or inhibit
Englewood 's ability to fulf i ll its obligations under this
agreement , shall be considered extraordinary and nonroutine repairs
and repl acements. Englewood wil l not be responsible for locating
privately o wned sewer service lateral s in this collecticn system
no r will it be considered routine meaintenance other than to
indi cate where the laterals are connected to the mains to the b e s t
of t h eir know l edge as indicated by its record s .
2 . Cherry Hill s agrees that it will assume ownership of a ny
existing Di stri ct or publicly owned wastewat er collection syst e m
fa ciliti e s wi t hi n the Collection System to fa c ilitate a mainten~nc e
agreement wi th Engl ewo o d . Eng l e wood may, at i ts sole option, not
c l ean a nd ma intain l ines not owned by Cherry Hi lls.
3 . Ch e r ry Hill s s ha ll c on t i nue to own t he Collect ion System. An y
rig h t s -o f -wa y u t ilized i n the Collection Syst e m s ha l l continue to
be he ld i n Che r ry Hills' name a nd shall be ma intai ned by Che rry
Hills . Ch erry Hill s f u r t her agrees co a cquir e a nd ho ld r ighc s-of -
wa ys o r eas em ents o f sufficient si z e to pe rmi t ope r at i on a nd
ma int e n anc e a ct i vi ties on any pub lic or pri ·.-ate p roperty whe r e
exi s ting o r f u ture fa c iliti es are l ocated, a nd t o mainta i n chose
easemen t s a nd r ight -o f-way s f r ee of landsc aF)i ng , structur es or
other obstruc tion s whi ch would int e rfe re wi th Eng l ew ood 's
mainte nanc e obl iga tions unde r c hi s c ontract. Englewood shall no t be
o bl i ga ted co ma i nt a i n sewer lines whe re a dequate r ight s -of -way f r ee
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• and clear of landscaping or obstructions do not exist. In such
circumstances, if authorized in writing by Cherry Hills Village ,
Englewood , at its option, may attempt to perform the maintenance
without any liabil i ty whatsoever for damage to private property .
4 . Customers on the Collection System shal have additional fees
added to their existing wastewater treatment bills to cover the
cost of providing this maintenance 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 p er
linear foot of sewer main that Englewood experiences for normal,
routine flushing and cleaning within the Englewood Wa stewate r
Collection area. The rate may be changed from time to time, b ut
• the amount shall be the rate necessary f or Eng l ewood to r e cover its
normal maintenance cost s in this sewer service area c !: (:l1 erry Hills
Village. It is the intent of this agreement that Englewood recover
from each sewer service area in Cherry Hill s Village that amo unt of
revenue necessary to cover its reasonable maintenance costs and
a void a s ituat ion where the citizens of Englewood subs i dize those
customers i n Cherry Hill s Village . The rou tine maintenance charges
shal l be di vided among the customers in each sewer service are a as
directed b y Cherry Hills Vi l lage . For this reason the customers in
dif fe re nt sewer service areas may have different maintenance
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charges on their annual bil ls. The cost of nonroutine repairs
s hall be c h arged directly to and paid by Cherry il ills Village as a
separat e item .
5. Cherry Hills , by t his agreement grants and conveys t o Englewood
a license, but not ownership, over all t he wastewater fa cilities in
the Collection Syst em . Cherry Hills agrees that it will not
exe~ci se any d o minion whatsoeve r over any of the wastewater
c c,llection facili ties in the Collect ion System which are
incon sistent
procedures .
with Engle~·ood ' s rules, regulations ,
It is a greed that "license", as
or operat i ng
used in th i s
Agreement, s hall mean the right t o use, connect , disconnect ,
mod ify , rehabilita te, extend, enlarg e , rep l ace, improve , aba ndon,
or ot he rwi se dispose o f a ny and all of the wastewat er facil ities ,
but only in so far as is reasonably necessary to perform
Englewood's maint e n a nc e operations under this agreement. Should
Cherry Hill s not approve the replacement or improvement o f s om e
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p o rtion of t he CoLection System which d oes n ot meet Englewood •
minimum s t andards , Englewood may, a t its opt ion, continue to
maintain that portion to the b est of its ability , but s ha l l n ot be
held re s nonsible for any ina dequacies or fai lures of said portion
wh ich may occur as a result of the s ubstandard condition .
6. Cherry Hills shall i ssue stn·et cut permits to Eng l e wood at no
charge when s uch pe rmits are necessary for Collection System
maintenan=e work. Cherry Hills shall be re spons ible f or asphalt or
concrete replac eme nt in street cuts made by Englewood for
Collection Sy stem maintenance.
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• 7 . ;;h erry Hills agrees that Er.glewood is not obliga ted to enlarge
or extend or br ing up to standards any existing facilities in the
Collection System.
8 . This a greement i s contingent on Cherry Hil ls having a current
Standard Conr,ectors Agre ement with Englewood. If the Standard
Connectors Agreement expires ~nd is not renew ed, Englewood h as th,
opt ion of discontir,uing maintenance service to the Collection
System, and ce ase collecting fee s for the ma intenance service , and
this agreement wi 1 then terminate.
9. Al ge neral rules a nd regulations and ame ndments thereto placed
in force by Eng l ewood concerning the operation, conditions of
• service, and procedures re lating to the installation of new
services in the Collection System, shall be as fu_ly enforceable in
the Collection System as in Eng ewood. Cherry Hills agrees to
exercise its' a u thority to assist Englewood in enforcing its
applicable sanitary sewer system ordinances a nd rules including
those made to protect the collection and transport systems and the
treatment facilitie s, and co assure that any new insta llat i ons in
the Collection Sy stem are t o t he standards o f Englewood, and to
as s ure c ollection of delinquent a ccounts.
O. The provision of maintenance service by Englewood for the
Collection System does not rele ase Cherry Hills from satisfying the
resoonsibilities a nd obligations set forward in the Standard
• Co nnectors Agreement.
11 . Eng l e wood will use generally accepted procedures i n t he repair
and ma i ntenance of the co llect ion system. Englewood will hav e no
liabi ity associated with,unt c ~eseen circumstanc es r e lating to the
mainten anc e of the col lection s y stem or for back-ups which ma y
o ccur in Cherry Hills Vi llage not withstand ing the maintenance of
the coll ection system .
12 . ·o enlar gement , extension or modification of the Collection
Sys tem or a ny o t her amendment of thi£ Agree ment shall be made
unless it is by mu tua l agreement .
13. :s agreed that for f ai lure of either Ch erry Hills or
Englewood t o pe r f o rm th i s Agreement in all its essential parts,
eithe = pa r t y ma y t erm i nat e this agreement. Pr ior t o suc h
t e r mi ~ation , t h e aggrieved party s hall provide written not i ce t o
the pa=~Y in de fa ult o f t he de fici ency and prov i de adequate time t o
correc ~ the s e de f :ciencies, but not to exceed one y ear .
14 . ~~e term of thi s a g reeme nt shal l be for on7 year beginning
fro m t~e ef f e ctive date o f t hi s agreement . At t he e nd o f one year
both pa rti es s ha ll r e v i ew this agreement a nd, if bot h agree, shall
ex tend i t f o r thre e (3 ) years. Aft e r t his fi rs t th ree year
exte ns:on , unl ess writte n no tifi c ation is give n by e i ther party o ne
year pc:o r t o t he end o f the t erm o f this agreement, t hi s agreeme nt
s hall automa tical ly be renewed fo r f our (4 ) subsequent three y e a r
t erms . Cherry Hills o r Englewood may disc o.it i nue this agre emen t at
a ny time with writ te n noti f i cation no t less t ha n one year prior t o
t he des:re d ending da te.
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:. 15 . Cherry Hills shall place appropriate charges on the sewer
bills sent to customers within the service area in order to fulfill
its obligatio~s under cni s agree ment. Englewood s hall have the
ability to charge Che rry Hills a reasonable a nd customary
administrative fee to bill and collect any su ch charge s .
16. In the event that any provisions of this agreement a re in
conflict with the Sta ndard Connector's Agreement of Cherry Hills
Village , the Con ne ctor's Agreement shall govern.
17. The City of En g _ewood shal l not be responsible or liable for
damages t o any p.o,e rty which may result from its connection to the
Col lect ion System whatsoever provided, however, tha: the City of
Eng ewood sha ll have performed due diligence in ma intaining the
• Collection Sy s t e m, which due di ligence shall mean that Englewo od
sha ll fl u sh or clean each sewer main not less than once per
calendar year.
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ATT ES T:
~u m
-I,·.,Lld A~-a .. d , City Clerk
54,,,_,., ,-::>.,.-//er, Vcpv -r<, t::1 ?l..al.
ATTES T:
Loucrishi a A. Ell i s
City Clerk
CHERRY HILLS VILLAGE
--lao., a_ i'i,,,,o,♦•
J oan R. Duncan , Mayor
CITY OF ENGLEWOOD , COLORADO
Date
September 18, 1995
INITIATED BY
Ut ilities Department
COUNCIL COMMUNICATION
Agenda Item
10 a i i
Subject
Wastewater Collect ion
System Ma intenance
Agreement with City of
Cherry Hills Village
STAFF SOURCE
Stewart H. Fon da, Director of Ut il itie s
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None .
RECOMMENDED ACTION
Counc il appro val by Ordinance of the Wastewa ter Collection System Ma intenance Agre ement
• with the City of Cherry Hills Village .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The proposed Wastewater System Maintenance Agreement with City of Cherry Hills Vill age ,
states that Englewood will provide wastewater collection system maintenance for the area ,n
the City of Cherry Hills Village that was formerly served by the Cherryridge Sanitat ion D1st ric1
ir exchange for an annual fee . Routine maintenance charges shall be divided among the
customers in each sewer serv ice area as directed by Cherry Hills Village .
There are app roximately 56 accounts and 8,343 feet of sanitary sewer line in the propo sed
maintenance agreement area
The City of Cherry Hills conveys to Englewood a li cense , but not ownership over the
v1astewater co ll ections facilities . Flushing and cleaning shall not exceed depths in ex cess of
10' and lengths longer than 10'. The City will annually clean and inspect all ma intenan ce are
lines and shall respond to all emergency calls and take corrective act ion , locate distr ict lln s
and answer inqu iri es concern ing san itary sewer serv ice .
This agreement was passed earl ier by Council , but Cherry Hills Village requested so me minor
changes . These changes are acceptable to staff and the City Attorney . The agreem en ts 1
• signed by Cherry Hills Village and will become final when passed by Englewood .
FINANCIAL IMPACT
Customers on the Cherry Hills Village collection system shall have additional fees added to
their existing wastew&ter treatment bills to cover the cost of providing this maintenance
service. 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 flushing and cleaning with the Englewood
Wastewater Collection area . These cost of nonroutine repairs shall be charged directly to and
pa id by Cherry Hills Village as a separate item.
UST OF ATTACHMENTS
Wastewater Collect ion System Maintenance Agreement -City of Cherry Hills Vill age
Map of Proposed Service Area
Proposed Ord inance
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