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Home My WebLink About1996 Ordinance No. 009• • ORDINANCE NO . i SERIES OF 1996 BY AUTHORITY COUNCIL BILL NO . 7 INTRODUCED BY COUNCIL MEMBER HABENICHT AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMEN'.r ENTITLED 'SOUTH PLATTE WILD AND SCENIC RIVER REVIEW PROJECT PART ICIPATION AGREEMENT". WHEREAS, the South Platte Wild and Scenic River Review Project involves a collaborative effort in providing comments to the U.S . Forest Senice and other decision making agencies regarding the participating memben collective concerns regarding the abilit-; to protect the water ■upply and relevant functiODB of the North Fork and mainstem of the South Platte River; and WHEREAS, the agreement will a!k,w the City to participate in gathering of rel evant data, coordinating with partic1~0•~ ·.nemben; attending hearing• and meetings ; working with the Denver Water B<.ll'II of Commissionen for coordinated comments; coordinating Congressional involvement and exploring alternatives : an, WHEREAS , the Centennial Water and Sanitation District has propoeed to split a participant's share with the City of E~.glewood, whereby Englewood 's portion 'Nould be $3,000; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , CC LORADO , AS FOLLOWS : ~-The intergovo~.mental agreem ent entitled "South Platte Wild and Scenic Ri ve r Review Project Participation Agreement• and attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council . T'ae Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for anu on behalf of the City of En glewood , Colorado . . Introduced, read in full, and passed on first readlng on the 4th day of March, 1996 . Published as a Bill for an Ordinance on the 7th day of March, 1996 . Read by title and passed ou final readin1; on the 18th day of March , 1996 . -1- Publiahed by title u Ordinance No.1., Seriee of 1996, on the 2llt day of March , 1996. ~,~ LoucriJhia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregomr ia a t?Ue copy of the Ordinance passed on final ....., .., ,.,.,..., °'""' u ""-• No . .:C. L d f/4. Loucri.lhi.a A. Ellis -2 - • • • • • SOUTH PLATTE WILD AND SCENIC RIVER REVIEW PROJECT PAh"!'ICIPATION AGREEMENT TffiS AGREEMENT ii made and enten,d ink· u of thl1 _ cl-, of----~ 1996 , by and between tho undenipod entit.iu (bon,inafter referred to u "Puticipanu"), Wl'rNESSETH WHEREAS , each of the unden1ignod entities, generally n,ferred to u the "Participants" are political nr quasi-political subdiviBiona of the state, or an, a corporation; and V.'HEREAS , each participant provides water to ib! cuatomen, which water supply may be advenely impacted by the wild and scenic river atudy proc ... u well u the final dec:iaion which may be mad • by the Forost Service, the Presi dent, or Collil'HB; WHEREAS, a coordinated effnrt responding to the wild and scenic river conaiderationa will beet be addressed by • collaborative effort 81 provided under thia participation agreement; NOW , THEREFORE, the Farticipanta (being all the parti .. hereto, and hereinafter collectively ttferred to u "Parties") for and in conaideration of the premil08 and mutual promises hereinafter contained and in the mutual reliance of each participant upon the performance of thia Agn,ement by each participant agree 81 follows : 1. The Prpjec;t. Th • Project ii generally n,ferred to u the South Platte W-lld and Scenic River Review. The Project will involve a collaborative effort in providing comments to the Foreat Service and any other decision making agency regarding our collective concerm and desirt!s regarding the ability to protect the water supply and other relevant functions of the North Fork and mainstem of the South Platte River. Project activities will include the following and will be directed by the Project Committee: meet with or hsve converaotiona with Fottat Service stall' peopla: gather relevant data from existing Participant documents and entities; coordinate with Participant members and prepare/preaent comments; work with DWD t, encourage effective, timely, and coordinated comments; coordinate Congressional involvement; attend bearings/public meetings ; review and rebut (in coordination with DWD ) cnmments encouraging designation; and explore and perhaps assiet in developing alternatives to designation if the Project Committee so desires. This Project is limited to a final deci sio n under the Wild and Scenic River consideration process, which may be by the Forest Service, othen in the Executive Branch , or Congress and i• limited to calenda r year 1996 . .). 2. Pndoc:t eq.y. a . The term "Project eoeta• mean,, all of the coata incum,d in completin1 the Project in 1996 up to the muimum of$6,000.00 per ahanl. The Centennial Water and Sanitation Diatrict has split a participant'• share with the City of Englewood, whereby Englewood'• portion would be limited to $3,000.00. Coote will be for a pro rata ■hare of all legal coota incuned in relationship to the Project. It i.a agr,,ed that each individual entity will pay legal feea on a timely basis by makinf a one-time payment upon signing thia Agreement. Payment will be made to the Metropolitan Water Providers. A monthly accounting will be made, and any amount not ■pent on this effort will be returned by the Metropolitan Water Providers. b. It i.a recognized that each entity signing thi.a Aan,ement, and thereby participating in the Project, i.a relying upon one; another to fully participate through completion of the Project or December Sl, 1996, which ever i.a earlier. The completion will either be issuance of a final decision by the Forest Service, or othe., in the Executive Branch or Congress or a decision to terminal, the Project made in accordance with the provisions of Paragraph S herein. s. l&ngth of Pmject/Amendment. This Project will run through December Sl, 1996, unless this Agreement is amended in writing to continue beyond that time. Any number of members may e.xtend this Agreement recognizing that any members who do not extend the contract will not be bound in any way by the e.xtenaion . Any amendments to the Agreement during 1996 may only be made upon unanimous agreement . 4 . Pmject Gommjt;tee. There is hereby created the South Platte WUd and Scenic Riv er Review Project Committee ("The Project Committee"), which membership shall consist of one designated representative by each Participant. Each Participant may also designate an alternate who may vote at any time the delegate is not present at a Project Committee meeting. All actions take.n by the Project Committee shall be deemed action of all Participants and shall be taken in the name of all participants. Voting by members of the Project Committee shall be one vote for one share. A quorum of the Committee shall exist when 51 % of the shares are represented . 5 . Powers end Duties of the Proiec:t Committee. The Project Committee may have the power and duty to : a . Elect a Chairman, Vi ce Chairman, Secretary and Treasurer, and establish organizational rul es . b . Establish a Project Budget . c. Commence and pro secute to conclusion th e Liti gatbn described in paragraph I abov e. d . Solicit bid s and award contracts or ratify e.nsting contracts, for the performance of all work necessary fo:.· ~ompletion of the Project. -2- • • • (t • • e. Make all decwicm1 n,a,dina the commencement, proeecvtion and Httlamant al U171itiption, provided that 1111)' Nttlament m.,_-i be approved by the repiwentativet of Partidpanla which have paid not 1-than 75 pe"'8Dt of the Project Coota. f. Hire counael. g Take all other actiona neceuary for full and 1ucceo1ful implementation of this Project. 6. Effective Date· Thrca),p)d . The obligationa of the Participaota hereunder ■bould become effective u of January 1, 1996, regardleae of the date of Participant's execution and delivery of this Agreement. 7. Miac:elloneous . a . Entire Agreement-This Agreement represents the entire integrated agreement among e e Parties with reepect to the matter■ aet forth therein and supersede all prior negotiatiooo, representations or agreementa respecting those matters, either written or oral. b. Amendment and Modification . Amendments or modification.a to this Agreemtmt may be made only by unanimous agreement of all the Parties, or substituted assignees, ligoatory to any of the couoterparta hereof and sball be evidenced only by a written in•trumeot authorued and executed in the same manner as this Agreement. c. Soles eud Aniromento-A Participant may not aell, lease, pleciie or usign any rights it may acquire hereunder to any entity not a Party to this Agreement (other than to that participant's corporate s ucceuor, or to any intergovernmental authority or other intergovernmental entity established in part for the benefit of such participant) without the unanimous approval of all the then Parties to this Agreement. d. Yl:nJl.e . Venue for the trial of any action ausiog out of any dispute h ereunder shall be in the District Court in and for the State of Colorado. e. SeverabilitY-If for any reason any portion of this Agreement is deemed invalid by a Court of competent jurisdiction, as violating the Constitution of the State of Colorado or law limiting the authority of any of the Parties beret<,, the remaining portions of this Agreement shall remain in full force and effect . -3 - IN WITNESS WHEREOF, this Agreement, consisting of multiple counterparta, all identical except u t.o the contribution of each Participant bu been exacuted on behalf of the City of Englewood , Colorado u of the day and year lint above writun, notwithotanding the dalA! aet forth below under the Participant's aignature block. PARTICIPANT CITY OF !i:NGLEWOOD Thomu J . Bunu, Mll)'or ATTEST : Loucrishia A. Ellis, City Clerk -4 - • • •