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Home My WebLink About1997 Ordinance No. 054' I 10 b iii BY AUTHORITY ~J3r97 ORDINANCE NO . el SERIES OF 1997 COUNCIL BILL NO . 56 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE APPROVING A CONNECTOR'S AGREEMENT BETWEEN CHERRY HILLS VILLAGE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD , COLORADO. WHEREAS, the Englewood City Council approved the original Connector's Agreement between Cherry Hills Village Sanitation District on June 2, 1975; and WHEREAS , the Englewood Water and Sewer Board recommended City Council's approval of this Agreement at the May 13, 1997 meeting of the Board; and WHEREAS , the City will continue to receive and treat sewage gathered by Cherry Hills Village Sanitation District; and WHEREAS, the Connector's Agreement enables the District to utilize the facilities owned by the City and the Bi-City Wastewater Treatment Plant for the treatment of sewage; and WHEREAS , the City of Englewood Utilities Department will bill the District users directly for service charges; and WHEREAS , the Connector's Agreement provides that the City's permitting requirements will be followed by the District and its users; and WHEREAS , the Connector's Agreement provides that no permit shall be final or service provided until construction is approved by the City of Englewood ; and WHEREAS , the term of the Connector's Agreement is for a three year period and is automatically renewed for six subsequent three year periods unless either party gives a minimum of six months written notice; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. The Connector's Agreement between Cherry Hills Village Sanitation District and the City of Englewood which enables the District to utilize the facilities owned by the City and the Bi-City Wastewater Treatment Plant for the treatment of sewage; is hereby approved for a three year period and is automatically renewed for six subsequent three year periods unless either party gives a minimum of six months written notice, a copy of said Agreement is attached hereto as Exhibit 1. Section 2 . The Mayor and City Clerk are hereby authorized to sign and attest, respectively, the said Agreement for and on behalf of the City Council and the City of Englewood , Colorado. Introduced, read in full, and passed on first reading on the 16th day of June, 1997. -1 - Published as a Bill for an Ordinance on the 19th day of June, 1997 . Read by title and passed on final reading on the 7th day of July, 1997. Published by title as Ordinance No .~ Series of 1997, on the 10th day of July, 1997. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy _of the Ordinance passed on final reading and published by title as Ordinance No~, Series of 97. -2- CONNECTOR'S AGREEMENT THIS AGREEMENT, made and entered into this day of ~~~~~~~~~~- , 1997 by and between the CITY OF ENG LEW O OD, COLORADO, a municipal corporation, hereinafter referred to as "City," acting by and through its duly elected, qualified and authorized Mayor and city Clerk, and CHERRY HILLS VILLAGE SANITATION DISTRICT , of the State of Colorado, hereinafter called "District," acting by and through its duly authorized Board of Directors W!TNESSETS ~ WHEREAS, the City owns and operates a sewage system, ~eluding a sewage treat~ent plant which is jointly owned and operated with the City of Littleton, so situated physically as to be able to receive and treat the sewage gathered by the District; and WHEREAS, it is the desire of the District to utilize the facilities owned by the City for the treat~ent of sewage and the city is willing to serve the District for treatment of sewage under certain conditions; NOW, THEREFORE, IN CONSIDERATION of the promises and for other good and valuable consideration hereinafter set forth, it is mutually agreed by the parties as follows: 1. The City hereby agrees under the conditions hereinafter set forth to treat the sewage originating from District's sanitary sewer system within the area served by the District as approved by the City, as indicated in the descriptions attached hereto marked Exhibit A. District specifically agrees to prevent sewage from any area, other than that described herein, from being discharged into District's sanitary sewage system connected to City's trunk line and to prevent connections to the system from or in any area other than those described herein. ** See Footnote on last page. -1 - E x H I B I T 1 2. In the operation of District's sanitary sewer system, District agrees that all applicable Code provisions and rules and regulations of City, including amendments thereto during the term of the contract, shall be the minimum standards for District's system. District further agrees to abide by all applicable state and federal laws, rules, regulations, or permits, including those of the Environmental Protection Agency (the EPA) as they become effective or implemented or upon notice from the City. District shall inform all users, contractors and subcontractors of such standards, rules and regulations upon inquiry from such persons, and shall not furnish any infoL-:nation inconsistent therewith. In this regard, it shall be the responsibility of the District to obtain from the appropriate governing body the applicable requirements. The City shall attempt to maintain and provide all requirements to the District; however, City does not guarantee the accuracy or completeness of government regulations other than the City's own regulations. 3. The City's pe::?::ttitting requirements shall be followed by the District and its users. All plans, specifications and methods of work within the District shall be submitted to the City in writing and approved by City prior to any construction or tap in the District's approved area. No per.nit shall be final and no service shall ~e provided to property until construction is approved in writing by City. 4. District shall, at all times, properly maintain its sewer system and shall rectify any problems or conditions which have been dete::?::ttined by District or city to be detrimental to City's treat~ent process. Should t~e City deter:nine that any discharge enters the sewer system contrary to governing laws, ordinances, statutes, rules, regulations or pe::?::ttits, District agrees to proceed at once to take wtatever lawful ~eans may be necessary to rectify any such problem or condition. 5. City shall have the right to allocate service under this contract, and City may deny additional se:-vice for any utility-related reason, but in no event will City te~inate any service without cause. City shall have the right to disconnect service to any area annexed by District when such annexation takes place without prior written city approval. District shall provide City within one yea= of t~is ag=eement, an estimate of the numbe= cf equivalent service taps needed for the next five (5) yea=s under current zoning ar.d planned bu~ldout in Dist=~ct's area. Dist=ict shall monitor zoning changes within its area to estimate its tap requirements and provide City with ~otice of tap requirements for the next five year period of ti~e in a fo::?::tt satisfactory to the City. Notice of these requirements sha_l be given C~ty on each anniversary date of this agreement. 6. City may impose and collect reasonable fees, tolls and charges, which shall be unifo~ as to all outside-City users -2 - 7. 8. 9. for the services provided by the city under this Connector's Agreement. city shall bill District user directly for all applicable City charges for services rendered under this Agreement. Should any user not pay City, City shall bill District and District shall pay to city within 45 days of such billing the amount due. These charges are subject to adjustment from time to time by City; when such charges are changed, City shall give District forty-five (45) days advance written notice. The term of this Agreement is for a period of three (3) years from the date of execution and automatically renewed for six (6) subsequent three-(3)-year periods unless either party gives a minimum of six months written notice, during which time District agrees that all effluent produced f=om taps within District shall not be in violation of any federal, state or City laws, rules or regulations, or any other applicable gcver~mental regulations or the pe~its under which the City operates its sewage treatment system. City agrees, during the te~ hereof, to treat said effluent and to maintain adequate facilities for treating of the same. District agrees that it will maintain, at its own expense, all of its lines, or those lines now owned and operated by District, it being specifically agreed that City assumes no responsibility should any of District's lines become clogged, damaged, or require maintenance. District shall maintain 24-hour service to remedy disruption in service. District shall, if it deems necessary, noti=y its use=s of D~s~~ict's procedure to remedy service. City is providing only sewage treatment service and, pursuant thereto, per.nits incidental use of City's sewage lines only by this individual contract with District and does not, by this contract, offer t::-eat:nent service except in st::-ict accordance with the ter:ns hereof. This contract does not offer, and shall net be construed as offering, sewage treat:nent service to the public generally or to any a=ea outside the limits of the District's service area he::-ein described. 10. This contract may not be assigned, sold or trans=e::-::-ed by District without City's written consent. 11. 12. Should any federal law, rule, per.nit or regulation er should a decree or order of a court render void or unenforceable any provisions of this contract, in whole or in part, if possible, the remainder shall be of full force and effect. The District shall enforce this agreement and each cf its te:?:."ms and conditions within the area descri~ed in Ex..~i~it "A." District shall refuse to serve a user or ooter.tial user, disconnect the service of any user pursuant to -3 - appropriate law, or take other appropriate action in the event of: a. Nonpayment by such user of any charge made by City for services; b. Any violation or noncompliance by such user with the terms of this agreement; c. Violation or noncompliance by such user with the laws, .rules, permits or regulations of the City, the United States govern~ent, including the EPA, the State of Colorado, including the Department of Health, or other law, rule, permit or regulation applicable. d. Continued breach of this Agreement by the District and/or its users shall be considered cause for the City to terminate this Agreement. Should the District fail to promptly rec~izy a breach of those provisions identified herein, a=ter notice thereof, City may take such steps and do such work as it deems necessary to enforce this agreement, including litigation and specifically a right to injunction or specific performanca against the District or any of its users as is necessary to protect the City's system and operations. The prevailing party shall be entitled to expenses and costs of suit, including attorney fees. Should mere than one District be connected to a sewer line, all Districts on the line shall be jointly and severally liable for any breach of this agreement and each such District shall immediately, after notice, rectify any problem or condition detrimental to the treatment process arising within its legal boundaries. City shall not be requi=ed to prove which District is at fault but shall make available to all such affected Districts all inf ormaticn developed or accumulated by City pertaining to such breach. Nothing contained herein shall preclude a claim fer indemnity or contribution by any District against another District connected to a common sewer line. CRS-13-31-111.5 shall govern the percentage of liability of any District on a common sewer line in the event t~e city seeks to i~pose liability based upon negligence or fault. 13. This contract shall not be used as a legal defense er prohibition to the mandatory consolidation cf facilities by either party as may be required by the laws of the State of Colorado of all existing sewer collection systems and facilities to a governmental entity created to assume responsibility for sewer service in the area in which both city and state are a part under stat~tory or constitutional authority as ~ay be the case. ,/ .iATTEST: .ity Clerk ATTEST: ** Footnote (see page 1) CITY OF ENGLEWOOD, COLORADO Mayor Nothing in this paragraph shall apply to flows entering the outfall line utilized by the District at any point on points downstream from where the said outfall line leaves the area of the District. -5 - 1~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-~··~·1~~--~~:~~ ~~:=E~ .. ~~-,.:_; .. ~ -,_ --' .> ••• ---~~-.fl•·~ .. •· 1< 'I .,.-~., ,. 8900 ';.. ----· . ~" . .. .. . ~~1S---~~ ::~·~,~ ~-:: .. ·•· ~ ' ,-.._: . ' -· (. .... ;:. ' -·-=Z ..• COUNCIL COMMUNICATION Date Agenda Item Subject Cherry Hills Village June 16, 1997 10 a iii Sanitation District Connector's Agreement Initiated By Staff Source Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The original Connector's Agreement with Cherry Hills Village Sanitation District was passed by Council June 2, 1975 effective for a twenty year period. Englewood Water Board recommended Council approval at their May 13, 1997 meeting. RECOMMENDED ACTION Council approval of the Connector's Agreement with Cherry Hills Village Sanitation District. e BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The proposed Connector's Agreement provides that Englewood will continue to receive and treat sewage gathered by Cherry Hills Village Sanitation District. The Agreement enables the district to utilize the facilities owned by the City, the Bi-City Wastewater Treatment Plant, for the treatment of sewage. Englewood shall bill the district users directly for service charges. The City's permitting requirements will be followed by the district and its users. No permit shall be final or service provided until construction is approved by Englewood. The term of this Agreement is for a three-year period and is automatically renewed for six subsequent three- year periods unless either party gives a minimum of six months written notice. The attached map shows the area in question. FINANCIAL IMPACT Revenues approximately equal expenditures, so no financial impact on the residents is projected. LIST OF ATTACHMENTS Proposed bill for an ordinance e Cherry Hills Village Sanitation District Connector's Agreement