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HomeMy WebLinkAbout1996 Ordinance No. 051• • • ORDINANCE NO. 'fl SERIES OF 1996 BY AtmlORlTY cmmcn. BILL NO . 56 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANl.'"lt AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE SOUTH ARAPAHOE SANITATION DISTRICT, SOUTHGATE SANITATION Dl(ITRICT, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAi'<\JfOE, WASTE MANAGEMENT OF COLORADO, INC., AND THE CITY OF ENGlEWOOD, COLORADO AMENDING THE CURRENT WASTEWATER TRA!'~SMISSION AGREEMENT. WHEREAS , the City l <>ancil of the City of Englewood , Colorado authorized a Wastewater Tranamission Ajp"eement with the paaaage of Ordinance No. 27, Series of1995; and WHEREAS, the Wutewate,-Transmiaaion Agreement allowed South Arapahoe Sanitation District to accept collected storm water, which would then <low into the Big Ory Creek lnten:eptor, which is owned in various segments by the Southgate Sanitation District and Englewood, and which would ultimately flow into the Bi-City Wastewater Treatment Plant, and WHEREAS , the Wastewater 1Tanamiasion Agreement authorited a new and separate connection to permit the discharge of con minated effluent from a gro,i nd water collection pumping and transmiaion syotem localed on Tract K at the Fairways of South Suburban, Filing No. S Subdivision; and WHEREAS, the existing system consistently pumps between 5,500 to 5,800 gallons per day which is pumped and dischai-ged to the sewer 12 hours per day during off-pe ak times at a rate of between 7 to 9 gallr,ns per minute; and WHEREAS , the amount of ground water collected by the system is greater than originally anticipated and a request has been mad e by Waste Management to amend the existing Wastewater Transmi88ion Agreement to all ow for an additional 3,000 gallons per day of discharge to the sanitary sewer; and WHEREAS, Waste Management has also requested that the system be allowed to operate continuously at a rate not to exceed 9,000 gallons per day, the proposed continuous pumping will erable the system to maintain a water level in the trench and sump tl-.. ,t assure hydrto u.ilc capture of ground water; and WHEREAS, the An,<,nd.ment has already been approved hy the South Arapahoe Sanitation District, Southgate Sanitation District, the Coun:i, of Arapahoe and Waste Management of Colorado, lnc.; NOW, THEREFORE, BE IT ORDAl !'JED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FO LLOWS : Ss:t:tiwl..l . The intergovernm ental agreement "Amendment To Agreem ents" between the South Ar apahoe Sanitation Di strict, Southgate Sanitation District, the -1- Board of County Ccmmiuionen or the County of Arapahoe, Wute Manaa-ont or Colorado, Inc., ud the City or Bqlewood, Colorado amllldinJ tho W utewat.er Tranamluion Ap.ment, attached honto as •Bxblbit A,• ii hereby accepted and approved by the Eqlowood City Council . lllll:liwJ, Tbo Mayor ii authorized to execute and the City Clerk to a-1111d aeal the >-"'endment ".o Acn,emenla for and OD behalf of the City or Englewood, Colorado. Introduced, read in full , and paaaed on fint readin!,· 0.1 the 2lat day or October 1996. Publiahed u a Bill for an Ordinance on the 24th day of Octnbor, 1996. Read by title and puaed. on 5._.,aJ !'!'•ding e:. ti .:: •th day or November, 1996. Published by tiUe as Ordinance No . 5/ Series of 1996, OD the 7th day of November, 1996. ~✓J.(/4· Loucrishia A. Ellia, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing iJ a true copy o{ the Ordinance paaaed on final reading and published by title as Ordinance No . 'ii.., Serier-of 1996. ~.lffJ Loucriahia A. Ellis -2- • • • • • .~TOAGRD'.MENTS THIS AMENOMEHT ia Ude and entered into dt.ctive u of ~t , 1996, by and between SOU'?II .IRAPAIICI s&lfrr1n0lf DIS'l'llI~ • Colorado quui-Kllllicipal c~tion c•south Arapahoe"); SOU'?IIGM'! SAlfITM'IOlr DIS'l'IUC'l', • Colondo quui- wunicipal corpor•tion c•southqat••J; the ll0A1II) OP cotnrrY c:caoas- SIOKERS OF THE COUNTY Cl" ARAPAHOE, a body ccrpont• and politic o:t the State ot Color•do (the "County•); THE CITY OP l!IIGLEWOOD, a Colorado municipal corporation ("Englewood•) and W1STl!! JQNAGDBll'l' OF COLORADO, INC., a corporation ("WJIC•J. Wlmll%U, th• Parties have entered into various agraamenta to provide tor the tranalllission and traatlllent ot ■torm waters c cnta.i.ning contaminants or potential cont&llinant• tram the Couney Lin• Lar.dtill; and WKDDS, by such agrauents, the Parties limited th& rat• ot disc:h'!rg• t:om. the Landtill and the lll&Xl.Jlllllll vollllll•• ot nstawater there!rnm. to be treated at tA• Bi-Citv Traat:llant Plant , owned jointly by Englewood and t!la City ot Lit'!:laton and operated and managed by Englawocd; and 11KD%AS, t!le Parties dau it appropriate to modity t:!-',~ s ~~d limitations on discharge rate and volllllle at this ti.ma; BOW Tl!EltUOU, !or and i n consideration ot the mutual pr:,misas and unde..--,;akings herein set forth, the Parti es agree as tallows: Sec,;on 1, Subsection 8.l ot the Wastewater Transmission Agreement dated as ot March 31, 1995 , by and between th• Parties to t!lis Amendment, is amended by deleting the words and figures "On• Thousand Dollars (Sl, 000 . 00) • and by substituting tharator t!le wo r ds and figure s "One ':'housand Five Hundred Dollars ($1,500.00 ) • at boc.'l places in said Subsec-::ion 8. l wh ere c.'le said words and f i gures appear. sec;;;gn 2. Subsection 10.l o f the Wastewater TranSllliss ion Agreement dated as o! March 31, 1995, by and between the Parties to this Amendment, is hereby amended to read in its entirety as tollows: 10.1 Wastewater from. both Taps combined shall be discharged into South Arapahoe Facilities at a substan- tially constant rate no t to exceed 6. 25 gallons per minute; provided, that not more than once each day other than during the hours specified immediately below , the discharge rate may be increased to a maxim.lllll of 16. 25 gallons per minute for not more than 15 minutes , and provided further that 'Clle rate of disc!large sha ll not UCHd a f&llcma per JUnuta betvean tba houra of !I: 00 a .a. and 10: 00 •·•· and batwaan th• hours of 5: 00 p. •· and 10:00 p.a. daily. Th• uxi-daily cliacharg• paraitted ia 9, 000 qallona. s9ct,ign J , Paragraph 4 ot th• Firllt lPendwen., i:o th• con ■olidatlld AllandlDantll to .lqraoant ■ dated llarCh 21, 199!1, l7y and batwaen Englawood, tba county and WMC, i ■ uandad to read in its entirety u tollow ■: 4. It is acknowledged by the Parti•• that baaed upon n agreed ftquivalant single-tulily nsidentiu. unit wastowatar tlow ot 200 gallons par day, th• vaatswatar !low entering th• syst■lll trom both the naw and separate connection■ shall not axcHd 9, 000 gallons par day capaciey previ ously acquired by th• COUNTY equivalent to 45 residential units. s1ction 4. Except u expressly amended by thb Alll■ndment, the above-raterencad Wastewatar Trans:nission Agrea1H·11t and First Amendment to the Consolidated Amandments to Agraament,, sball remain in :full torca and ,,,!!act as written. section 5 . The count, and WMC shall be jointly obligated to reilll..burse south Arapahoe and Southgate tor t.!le engineering and legal fees they have inc-.irred and will in= in rasp,,nding to the request by th• County and WMC tor this Amendment. Th• amount ot s u ch re i:n.c ursamant shall i,e determined atter this Amendment is duly executed and ac.'c.nowledgad by all Parties and shall be paid within 3 o days a ttar the invoices are issued by Soutll Arapahoe and . \ •• Soi.t:.'lgata. • IN WITNESS WHERE OF, the Parties have s ~t t.'leir hands and seals e!~ec~ive as of ~he day and year tirst above wri~~en. SOOTH ARAI'AHO i':: SANITATION DISTRICT ( S EAL ] ~l -·~a-sy : « :t: ~· < • David Christensen, Presid e.nt AT:::'.ST : tl?lr.i_ /71.lt'd~ · Debbie Militallo , Secretary CAJC\!}4SO.C!Z\ln'7-l9 I -2- • • • • d& [SEAL~ ATrZST: 1 ~ 4~.v?+cv Dcnet:ta Ilavidscn Ccuney CJ.ult and Recorder [ S E A L ] A'.ITEST: Lou c::-i s hia Ellis Cicy Clerk [ S EA L ) ATl'EST : !: ---...\ . ' I , '> 1A Ct ., -:!tr,}--~-"=-,._~, ..cjy-.. J ul i a Swearingen ~:S-ec=e~ary v CIT'! OP !NGLEWOOD, COLORADO By: ________________ _ ThOllaS Burns, Mayor SOUTHGATE SANI'.:ATION DISTRIC"f Arapahoe and Douglas c ount:i es (-~ ..:, ' / ' .. By: .. lf ,~, .. 1,L efan E. Ne i dert, President: -3 - CONSl!llT OF SOUTH ENGLEWOOD SANITATION DISTRICT NO. l SOUTH ENGLEWOOD SANITATION DISTRICT NO. l, l•eing a party to 1:his Basin Interceptor Agreement, acknowledges receipt ot a copy ot this AME:IIDMEIIT 'l'O AGRZEMENTS, and declares that it consents to the sa~e having been entered in1:o by th• 01:her partias to said Basin In1:arcap1:or Agraemen1:. Septlllioer DATED 1:his l2!:t!. d ~y ot ~. 1996 . .u"rEST: SOUTH DIG..EWOOD SANITATION DISTRICT NO. l (/Jc~ ~h&, (.;.., Ben j am i n L. Olsen Sec:::-e1:ary CAlC\D4~.a%\ll9749.l -4- . \ •· • • • • • COUNCIL COMMUNICATION -----------..------------~--_____ , __ Date October 21 , 1996 INITIATED BY Utilities Departm ent Agenda Item Subject 10 ai County Landfill • Amendment to Agreement STAFF SOURCE Stewart H. Fonda, Director of Utilities COUt,tCIL GOAL AND PREVIOUS COUNCIL ACTION Council Bill No . 28 for the Wastewater Transm ission Agreement dated March 3 1, 1995 RECOMMENDED ACTION Council approval of the Amendment to Agreements B ACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED A Wastewater Transmission Agreement was signed March 31 , 1995 for the system located on a portion of the Fairways at South Suburl,an property , owned by the Arapahoe County, immediately north of County Line Landfi ll . The sys tem cons ists of a 130-ft. ground water interceptor trench th at collects ground wa ter and directs ii to a sump located at the west end of the trench. Water stored in the sump is then treated and discharged to a nearby sanitary sev ,er pipe li ne to be processed at the Bi-City Plant. The purpose of the system is to contain and treat ground water draining from the landfill. The system cons istently pumps between 5 ,500 and 5 ,800 g;;llons per day (gpd). Pumping and discharge to the sewer occurs 12 hours per day during off-peak times, at a rate of between seven to nine gallons per minute . A rnquest has been made by Waste Management because the amount of ground water collected t •y the systam is greater than originally anticipated . Arapahoe County and Waste Mar,agement is proposing amend ing the existing Agreement to allow for an add itional 3 ,000 gpd (for a total of 9 ,000 gpd) of discharge to the sanitary sewer . South Arapaho e Sanitat ion District , Southgate San ita ti on District , the Board of County Co mmiss ioners of Arapah oe County and Waste Man agement of Co lorado, Inc. have all approved this ag re emen t. FINANCIAL IMPACT None . • LIST OF ATTACHMENTS Ordinance Amendment of Agreements c/ctylndfl • •