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HomeMy WebLinkAbout1997 Ordinance No. 040• . ~ 10 b i BY AUTHORITY ORDINANCE NO.tJ!l. SERIES OF 1997 COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 FOR MAINTENANCE OF SEWER LINES OF THE DISTRICT LOCATED WITHIN THE CITY OF ENGLEWOOD BOUNDARIES. WHEREAS, the Englewood City Council approved the original maintenance agreement with South Englewood Sanitation District No. 1 for the maintenance of sewer lines of the District located within the City of Englewood boundaries with the passage of Ordinance No. 36 , Series 1993; and WHEREAS, joint study sessions between the Englewood Water and Sewer Board and the Englewood City Council concerning this matter were held on March 9, 1992 and September 21, 1992; and WHEREAS, The City will continue to provide wastewater collection system maintenance for the area within the City's boundaries in exchange for an annual fee; and WHEREAS, the fee will be based on the amount that the City would bill the property within the affected area; however , instead of billing the individual properties South Englewood Sanitation District No. 1 would be billed; and WHEREAS , the City would provide sewer service to all customers within the City with this service inclusion ; and WHEREAS, the City would then be able to provide the same level of service that is provided to other citizens currently serviced by the City sanitation district; and WHEREAS, the City will annually clean and inspect all District lines, respond to all emergency calls , take corrective action and answer all inquiries concerning sanitary sewer service ; and WHEREAS, the South Englewood Sanitation District No . 1 will continue to own the lines and will be responsible for capital improvements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The Wastewater System Service Agreement between South Englewood Sanitation District No. 1 and the City of Englewood for maintenance and operation of sewer lines of the District located within the City of Englewood boundaries is hereby approved for a three year term; a copy of said Agreement is attached hereto as Exhibit 1. Introduced, read in full , and passed on first reading on the 19th day of May, 1997 . -1- Published as a Bill for an Ordinance on the 22nd day of May, 1997 . Read by title and passed on final reading on the 2nd day of June, 1997. Published by title as Ordinance No.@ Series of 1997, on the 5th day of June, 1997 . I , Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy _ oi_the Ordinance sed on final reading and published by title as Ordinance No . m Se ·es of 1 7. -2- .. . ' {Af · WASTEWATER SYSTEM SERVICE AGREEMENT THIS AGREEMENT, for the maintenance and operation of that part of the sanitary sewer system of SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 (the "District") within the corporate limits of the CITY OF ENGLEWOOD (the "city"), is made and entered into, effective October l, 1996, between the District and the City; W I T N E S S E T H: WHEREAS, the District owns and operates a sanitary sewer transmission system consisting of easements, collector and transmission lines, cleanouts and manholes (collectively "facili- ties"), providing sanitary sewer service to its users in parts of Arapahoe County and five (5 ) municipalities, including the City; and WHEREAS, that part of the District's system within the City is shown on Exhibit "A" attached hereto; and WHEREAS, the City owns and operates its own system of sanitary sewer transmission lines, exclusive of the District's system, in the remainder of the City and has the equipment and personnel available to maintain and operate that part of the District's system within the City , as well as its own system; and WHEREAS, the City desires, on certain terms and conditions, to provide for the maintenance and operation of that part of the District's system within the City, and the District is willing to contract with the City for the said maintenance a~d operation; NOW, THEREFORE, for and in consideration of the mutual promises, benefits, and detriments of and to the parties hereto and for other good and valuable consideration, IT IS HEREBY AGREED: 1. Maintenance and Operation. For the term and for payments by the District to the City as hereinafter set forth, the City shall provide for the all-inclusive and complete maintenance, repair, and operation of all of the District's facilities within the City, excepting only for the construction of new or additional facilities not deemed replacement facilities and not considered as maintenance , repair or operations. 2. Term. This agreement shall be for a term of three (3) years from the effective date set forth above, subject to an option to renew as hereinafter set forth. 3. Payments by the District. For the services rendered as hereinafter defined, the District shal 1 pay to the City $39,600.00 per year during the term of this agreement, payable quarterly in arrears, by the 10th day of the month following E x H I B I T 1 the end of each calendar quarter , one-fourth (1 /4 ) of the annual amount. Payments for any partial calendar quarters at the beginning or the end of this agreement shall be prorated based on the number of days of service provided by the City divided by the number of calendar days in the quarter affect- ed. Al 1 payments. pursuant to this agreement , shal 1 be to the City of Englewood, Department of Utilities, and remitted in care of the Director of Utilities at the address set forth in Paragraph 13 below. 4. Services Provided. The City's all-inclusive and complete maintenance , repair and operation of all District facilities within the City , except for the construction of new or additional facilities, shal l include , but not be limited to: (a) The annual cleaning and inspection of al l District facilities within the City (manholes , cleanouts and transmission 1 ines ), such c 1 eaning and inspecting to include, but not be limited to , visual and TV inspec- ti ans . root-sawing , chemical 1 ine t rea tmen t , the jet flushing of l ines , and cleaning and inspection , on a more accelerated basis, of any District facilities within the City which may require the same. ( b) Responding to al 1 emergency cal 1 s and effecting the appropriate remedial action and cleanup , if necessary, and except for the sale and the payment of sewer taps within the District boundaries, shall answer a ll inqui- ries concerning sanitary sewer service within the City. The District will pay for the cleanup resulting from a stoppage or backup in any District user's individual service line caused by a malfunction in a District line. If the malfunction in a District line is occasioned by the City's negligence in maintaining that line, the City shal 1 pay for the cleanup. The City , without prior approval from the District, is authorized to contract for any such cleanup, which the District will pay up to a maximum amount as set forth in the District letter to the City identifying its contact persons, pursuant to Paragraph 6 below. Any cleanup expected to be in excess of that amount shall require the District's immediate notification and prior approval. Nothing herein shal 1 modify the City's reporting pursuant to Paragraph 6 of this agreement. ( c) Making al 1 routine and necessary repairs to the Dis- trict's facilities, by way of illustration and not 1 imi ta ti on, point repairs , root-sawing, chemical 1 ine treatment, manhole adjustments, surface and subsurface maintenance, as required in any of the District's easements. However, the City will not be required to provide services that would be considered capital improvements, specifically defined as the replacement of more than twenty (20 ) feet of pipe at any one location. -2- " (d) Marking all District facilities upon notice from the statewide one-call system, UNCC or its successor, pursuant to C.R.S. 9-1.5-101, et seq., marking the same in the manner and within the time established. The City shal 1 be responsible for the marking only, and the District will pay the monthly fees to UNCC or its successor to notify the City to make such markings. (e) Any other services which may be agreed upon in writing as an amendment to this agreement during the term of this agreement. 5. Joint Res-::ionse. The District and the City recognize that numerous collector and transmission lines, as set forth on Exhibit "B", either flow into the City or out of the City and that routine cleaning and maintenance and any emergency response in areas of such lines, their entry or exit into or from the City, may involve or require the joint response and action of the District and the City. The City will respond to any emergency calls within the City, and the District will respond to any emergency calls outside the City: however, both the City and the District wi 11 effect what ever action is necessary to remedy the problem wherever the same has oc- curred, and each will have the express and complete authority to cross boundary lines: (a) to locate and alleviate any stoppage , repair line breaks, or take such other corrective action; and/or (b) in flushing to disburse any accumulations or obstructions so that no problem is posed to downstream users. 6. Reports. The City wi 11 render reports on the c 1 eaning, inspection, maintenance, repairs, and general operations of the District's system quarterly on or before the end of the month following each calendar quarter during the term of this agreement and, within the next business day, provide reports of al 1 emergency responses, and the District wi 11 provide contact persons and telephone numbers to the City for such purposes. 7. Sewer Taps. The District shal 1 continue to sel 1, as users within the City and its system request, sewer taps for the connection onto the District's lines on the same basis as the sale of these taps were made prior to the effective date of this agreement. Any new taps sold or added ta the District's system shall not, in any manner, affect this agreement nor the City's obligations to provide service hereunder and shall not be considered an enlargement of the system. 8. Ownership of Facilities. Nothing in this agreement grants or conveys to the City any incidents of ownership, dominion or -3- control over , or rights in the District's facilities or with respect to its users , except for the rights granted herein, which shal 1 be those of an independent maintenance contractor, the access and license granted to the City in the District's facilities being limited to and prescribed by the provisions of this agreement. The City shall have no rights to discon- nect, extend, enlarge, convey , abandon or otherwise dispose of any of the District's facilities within the City without the express advance written consent of the District . 9. No Enlargement of System. No enlargement of the District's system within the Ci t y l imits shall be made which imposes additional obligations on the City, unless the same is made by way of an express written amendment to this agreement. New (additional) taps made on existing District facilities shall not be considered enlargement of the system. 10. Liabi l i tv . Each of the parties agree to be liable for their own negligence in the performance of their ob l igations under this agreement. 11. Earlv Termination /Nonperformance. Shou l d the District or the City fa il to timely perform any obligation or be otherwise delinquent in the payment or performance of any provision or condition of this agreement , the nonperforming party shal l be in default , but on l y after a written notice of the specific delinquency has been given to the nonperforming party, allowing thirty (30 ) days from receipt of such notice to cure or remedy the delinquency or provision of nonperformance. If the nonperforming party does not remedy its delinquency or nonperformance within the prescribed time, the other, at its option , without further notice , may take the appropriate 1 egal action, including litigation, to collect any amounts due or past due, seek an injunction , or in any other manner seek redress, including the early termination of this agreement. Should any litigation result , the prevailing party shall recover its costs, including its expenses and reasonable attorney fees, from the other. 12. Option to Renew. No later than three (3) months prior to the end of the term of this agreement the parties hereto may renew this agreement upon terms and conditions mutually agreeable. 13. Notices. All notices pursuant to this agreement shall be in writing, sent certified mail -return receipt requested or hand-de 1 i vered , notice being given when received, addressed to each of the parties, with a copy to each party's attorney, as follows: -4- The City of Englewood Department of Utilities c/o Stewart H. Fonda Director of Utilities 3400 South Elati Street Englewood, CO 80110 South Englewood Sanitation District No. 1 c/o Eugene F. Dunham, President 5001 South Clarkson Street Englewood, CO 80110 Copy to: Daniel Lee Brotzman City Attorney 3400 South Elati Street Englewood , CO 80110 Donald E. Marturano, Esq. Attorney for the District P.O. Box 2858 Littleton .. CO 80161 Each party agrees to give notice to the other of any change in its representatives or their address . 14. Operational Specifics. Except as otherwise provided herein or subsequent l y agreed in writing , the Dist=ict's agreement with the City on "operationa l specifics ," as set forth in the attorney f o r the District 's l etter to the City dated August 24 , 1993 , shall be and remain effective and shall be incorpo- rated herein the same as if ful l y set forth. 15. Miscellaneous. This agreement represents the complete Date: understanding of the parties, and each, by the signature of its representatives below, agrees , covenants and warrants to and with the other that each has full authority to enter into, bind and obligate the party for whom each signs. This agreement may not be assigned by either party without the advance written approva l of the other ; and shal 1 not be amended or modified, except in writing, which modification or amendment shal l not be effective until the same is reduced to writing and executed by both parties hereto. THE CITY OF ENGLEWOOD: Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis , City Clerk -5- .I Date: May 7 , 1997 ATTEST: ~~~ ~' Secretary [S E A L] THE DISTRICT: SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 -6- .. ,. .. . . '• . . . . .. .. ~ ~ • f • : • \olhrltft loll le~ • Iii ,, • Wttll ' r • Soke cay ol tn; r~'NCCd: Hamr '/aUill' d Co111;1 ....... t • c;von, Ad•icfi c: ~ =-[J I/ ii \ I ·-·--···· -·-____ ,,. .•... . ··•J-• --·-'-:.:-·~-=-- ' EXHIBIT •A• WASTI°l'lA'l'Elt SYSTEM SERVICE A~ scum mGLEHX:O SANITATICN OISl'RIC'r ?IJ. 1 wrmm 'l'HE CIT! ce ~ (SHADED} . .. .. SOUTH "ENGLEWOOD SANITATION DISTRICT <SHADED>. EXHIBIT "A" r - 1. EXHIBIT "B" WASTEWATER SYSTEM SERVICE AGREEMENT LINES WHICH GO INTO OR OUT OP THE CITY District lines which flow into the City: --So. Clarkson north of E. Belleview, west to MH Di-6. --So. Clarkson at approx. E. Grand, west to MH Di-5. --So. Clarkson at Viking Dr., west to MH Di-3a. --So. Clarkson at E. Chenango, west to MH Di-2. --So . Clarkson at E. Layton, west to MH D-9. --So. Clarkson at E. Tufts, west to MH Dh-4. --so. Logan at E. Belleview, north to MH Ci-9. --E. Centennial Ave. approx. 600' east of So. Broadway west to MH F-5. --W. Belleview (900 Block west), north to MH H-28. --So. Fox at W. Progress Lane, north to MH Z-3*. District lines that flow out of the City: --North of Lehew, south of the Interurban Subdivision, south to MH Z-5*. --So. Elati Dr., south of W. Belleview, south to MH Z-3A*. --So. Santa Fe Dr. north of Tufts, north to MH A-12. --W. Quincy at So. Santa Fe, west to MH A-8 then MH V-0*. MH=Manhole. Numbering is from District maps. is the first manhole INTO or OUT OF the City on which crosses the City boundary. *=MANHOLE ON 42" BIG DRY INTERCEPTOR EXHIBIT "B" Each manhole listed the line described, ,._ .. .. • Date May 19, 1997 COUNCIL COMMUNICATION Agenda Item 10 a iii Subject S. Englewood Wastewater System Service Agreement INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Resolution for the original Maintenance Agreement with South Englewood was passed by Council 7-6-93 , effective 10-1-93 for a three year period . There was a joint study session with the Water and Sewer Board and City Council March 9, 1992 and September 21 , 1992. RECOMMENDED ACTION Council approval of the Wastewater System Service Agreement with South Englewood. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The proposed Wastewater System Service Agreement with South Englewood Sanitation District enables Englewood to continue to provide wastewater collection system maintenance for the area in the City of Englewood boundaries in exchange for an annual fee. This fee will be based on the amount that we would bill the property within the effected area. Instead of billing the individual properties we would bill South Englewood the total amount. By this service inclusion , the City would provide sewer service to all customers within the City . The City would then be able to provide the same level of service that is provided to other citizens currently service by the City sanitation district. Under the agreement, the City will annually clean and inspect all District lines . The City shall respond to all emergency calls, take corrective action and answer all inquiries concerning sanitary sewer service . The total number of accounts in the exclusion area is 2,278 residences encompassing approximately 1,002 acres. South Englewood Sanitation District will continue to own the lines and w ill be responsible for capital improvements. The attached map shows the area in question. FINANCIAL IMPACT Revenues approximately equal expenditures , so no financial impact on the residents is projected . The district shall pay $39,600 . per year to the City for service rendered. LIST OF ATTACHMENTS Resolution South Englewood Wastewater System Service Agreement Map