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HomeMy WebLinkAbout1988 Ordinance No. 022ORDINANCE NO. J;/;), SERIES OF 1988-- BY AUTHORITY COUNCIL BILL NO. 23 INTRODUCED BY COUNCIL MEMBER KOZACEK AN ORDINANCE APPROVING AN AGREEMENT BE'IWEEN THE CITY OF ENGLEWOOD AND THE CITY OF CHERRY HILLS VILLAGE FOR A FULL SERVICE WATER CONTRACT. WHEREAS, several property O'\fmers in the area called "Frog Hollow" in Cherry Hills Village desire a public water supply; and WHERF.AS, the City of Engle-1v-ood now serves properties north and south of this area and incorporating the Frog Hollow properties would fonn a loop in the water system eliminating dead-end mains that now exist; NOW, TBEREFORE, BE IT ORDAINED BY Trill CITY COUNCIL OF THE CITY OF ENGLEWOOD I COLORADO I THA'l': Section 1. The City of Englewood and the City of Cherry Hills Village agree to enter into a contract for water service for a very limited area of Cherry Hills Village. Cherry Hills Village and its residents in the area to be served shall install physical improvements to the water system before Englewood agrees to service pursuant to Section 2 below. Section 2. The Englewood City Council hereby agrees to approve and sign the full service water contract with Cherry Hills Village, which contract is titled "Agreement to Provide a Portion of Cherry Hills Village Water Service" and generally provides: 1. Englewood agrees to furnish water service to "Frog Hollow" (the ServicP-Area) comparable to that service furnished to water users inside Englewood. 2. Cherry Hills Village grants and conveys to Englewood the right to use, connect, disconnect, nnclify, rehabilitate, extend, enlarge, replace, convey, abandon or otherwise dispose of any and all of the water service facilities in the Service J'.lxea. 3. Cherry Hills Village agrees to receive and process applications from property owners in the'Service Area for formation of a Special Improvement District to finance improvement of the existing service facilities and irnplemr~nt the tenus of the Agreement between the Cities. 4. Cherry Hills Village agrees to acquire rights of way or easements necessury for the Service Area, and Englewood agrees to maintain all facilities that come under its dominion in the Service Area. -1 - 5. Englewood may establish, impose, and collect fees for water service charges and water connection charges to users in the Service Area, collection to be similar to that imposed by Englewood to other outside City areas. 6. Englewood may rrodify the charges from time to time as it deems necessary with reasonable discretion to establish and apply criteria for determining such charges by giving public notice as required by ordinance. 7. The same rules and regulations, or amendments ·thereto, fully enforceable inside Englewood shall be enforceable in the Service Area. Cherry Hills Village shall retain the full right to make and enforce rules not inconsistent with Englewood's rules in the Service Area and agrees to assist Englewood in enforcing its ordinances and rules to ensure and protect the purity and safety of the water supply and to assure collection of delinquent accounts. 8. Englewood intends to maintain a water supply adequate to meet the needs of its inhabitants and of approved areas dependent on Englewood for such supply, but in times of shortage, Englewood City Council, at its discretion, shall follow the schedule as set out in said Agreement for curtailment of the use of its supply. 9. Englewood may suspend the making of any new main extensions and taps in the Service Area, and all service facilities installed or replaced in the Service Area shall be pursuant to rules, regulations, and standards of Englewood. 10. Except as otherwise provided in said Agreement, Englewood shall maintain dominion over all rights to water leased; Cherry Hills agrees that it will not authorize the furnishing of any water service in the Service Area, excluding ground water wells within the Area; and any failure of Cherry Hills to perform said Agreement could result in termination of water service to the Service Area. 11. 'Any amendments to said Agreement must be in writing, must be consistent with State laws and Englewood City Charter, are not under the jurisdiction of the Public Utilities Commission, and must be mutually agreed upon. 12. Cherry Hills Village agrees the current use of the land and zoning :restrictions in the Service Area will remain in force during the duration of the Agreement, and Englewood has no obligation to provide additional water service if land use or zoning in the Service Area are changed. Cherry Hills Village agrees to submit in writing to Englewood the effect on water demand, if any, prior to any change in land use or zoning in the Service Area. 13. No assignment of its rights under said Agreerrent by Cherry Hills shall be binding on Englewood without its assent in writing. All terms shall be binding upon the parties, their legal representatives, successors and assigns and the tenn shall be for 10 years. -2 - Section 3. The Mayor and City Clerk are authorized to sign and attest said Agreement described in Section 1 for and on behalf of the City Council and the City of Englewood and, after compliance with physical plant irrprovcrrents, to sign the Agree!l'ent described in Section 2 for and on behalf of the City of Englewood and City Council. Introduced, read in full, and passed on first reading on the 18th day of July, 1988. Published as a Bill for an Ordinance on the 20th day of July, 1988. Read by title and passed on final reading on the 1st day of August, 1988. Published by title as Ordinance No.~~, Series of 1988, on the 3rd day of August, 1988. ~t: . Jrti.,U~-~;f! (1µ,ur Patricia H. CTow, City Clerk I, Patricia H. Crow, City Clerk for the City of Englewood, Colorado, hereby certify the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. ~, Series of 1988. C?dE~~ W, ~ Patricia H. Crow -3 - DATE July 18, 1988 INITIATE{.Y ACTION PROPOSED C O U N C I L AGENDA rrEM 11 (a) C O M M U N I C A T I O N SUBJECT Cherry Hills Water Agreement Water and Sewer Board Council approval of the Agreement between the City of Englewood and the City of Cherry Hills Village for a full service water contract. BACKGROUND Several property owners approached the Water and Sewer Board to obtain a public water supply for the 8 to 10 properties located in an area called "Frog Hollow" in the City of Cherry Hills Village. The City already serves properties in Cherry Hills directly north and south of these properties with private dead-end mains. By having the City serve this area, it will form a loop in the water system eliminating dead-end mains, a source of potential health problems caused by stagnant water. The lines in the Frog Hollow area would have to be brought up to Englewood City Code standards before Englewood would accept responsibility for controlling and maintain- ing the lines. FINANCIAL DETAILS None. RECOMMENDATION The Englewood Water and Sewer Board recommends Council approval of the Agreement between the City of Englewood and the City of Cherry Hills Village to extend the water service to the Frog Hollow area. I ,, I