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Home My WebLink About1999 Ordinance No. 028• 4 • • • ORDINANCE NO.~ SERIES OF 1999 BY AUTHORITY COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD WASTEWATER ENTERPRISE, SOUTH ARAPAHOE SANITATION DISTRICT, ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS , SOUTHGATE SANITATION DISTRICT, AJ.'ID WASTE MANAGEMENT OF COLORADO, INC . APPROVING THE EXTENSION OF WASTEWATER TRANSMISSION AGREEMENT . WHEREAS, Waste Management, South Arapahoe Sanitation District, Arapahoe County Board of County Commissi oners and the City of Englewood entered into a Wastewater Transmission Agreement to become effective March 31 , 1995; and WHEREAS, the parties wish to extend the terms of this Agreement for three additional years ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS F OLLOWS: Section 1. The intergovernmental agreement between the City of Englewood Wastewater Enterprise , South Arapahoe Sanitation District , The Board of County Commissioners of Arapahoe County , Southgate Sanitation District, and Waste Management of Colorado, Inc., appr ving the Extension of Wastewater Transmission Agreement which extends the origin 1 agreement for an additional three years to May 15, 2002, attached hereto as "Exhibit l", is hereby approved. Section 2. The Mayor is authorize d to execute and the City Clerk to attest and seal the Extension of Wastewater Transm ission Agreement for and on behalf of the Englewood Wastewater Enterprise. Introduced, read in full, and passe d on first reading on the 3rd day of May, 1999. Published as a Bill for an Ordinance on the 7th day of May, 1999. Read by title and passed on final reading on the 17th day of May, 1999 . -1- 10 bi Published by title as Ordinance No.J.1, Series of 1999, on the 21st day of May, 1999 . I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado , hereby certify that the above and foregoing is a true COPJ1..,9f the Ordinance passed on final reading and published by title as Ordinance No&, Series of 1999. -2- • • • • • • COUNCIL COMMUNICATION Date Agenda Item Subject Extension of Wastewater May 3, 1999 10 a ii Transmission Agreement Initiated By Staff Source Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Waste Management, South Arapahoe, Arapahoe County and Englewood entered into a Wastewater Transmission Agreement on January 21, 1985 for the treatment of collected storm water from the landfill. The 1985 agreement was extended and modified by an Amendment dated October 1, 1990 to allow a lift station and dewatering sump. In June, 1995 Council approved a First Amendment to the Consolidated Amendments to Agreements for a second separate connection to permit the discharge of potentially contaminated effluent from a groundwater collection, pumping and transmission system located at the Fairways of South Suburban. RECOMMENDED ACTION Council approval of the Extension of Was t ewater Transmission Agreement between South Arapahoe Sanitation District, Southgate Sanitation District, the Board of County Commissioners of the County of Arapahoe, the City of Englewood and Waste Management of Colorado, Inc. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The County owns the County Line Landfill and Waste Management Company is the operator and manager of the landfill. Rainfall and natural drainage have resulted in water containing contaminants to collect at the landfill site. The proposed agreement would allow the County to continue to treat and discharge collected storm water, which would then flow into the Big Dry Creek Interceptor, which is owned in various segments by Southgate and Englewood and ultimately discharges into the Bi-City Wastewater Treatment Plant. The proposed Agreement would authorize an extension of the Wastewater Transmission Agreement dated March 31, 1995 until May 15, 2002. FINANCIAL IMPACT All engineering, construction and connection fees will be incurred by Waste Management Company. The City of Englewood will collect treatment charges based on usage from the landfill site. Connection charges are waived under the assumption that the Landfill dewatering program is temporary. LIST OF ATIACHMENTS Extension of Wastewater Transmission Agreement Ordinance ·~-. \ • • •• EXTENSION OF WASTEWATER TRANSMISSION AGREEMENT THIS AGREEMENT, made and entered into effective as of May 16, 1999, by and between SOUTH ARAPAHOE SANITATION DISTRICT, a quasi-municipal corporation, hereinafter called "SOUTH ARAPAHOE"; THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, a body corporate and politic of the State of Colorado, hereinafter called the "COUNTY"; the CITY OF ENGLEWOOD WASTEWATER ENTERPRISE, a Colorado municipal corporation, hereinafter called the "CITY"; SOUTHGATE SANITATION DISTRICT, a quasi-municipal corporation 1 Arapahoe and Douglas Counties, hereinafter called "SOUTHGATE"; and WASTE MANAGEMENT OF COLORADO, INC., a corporation, hereinaf- ter called "WMC". WHEREAS, the parties hereto are parties to a Wastewater Transmission Agreement ("Agreeme n t") wi th an effectiv e date of March 31, 1995, a true cop y of which is attached hereto as Exhib- it A, and incorporated herein by reference; and WHEREAS, the parties hereto wish to extend the term of the Agreement for three additional years. NOW, THEREFORE, in consideration of the mutual benefit to each, the parties agree as follo ws: 1. Paragraph 1 4 .1 of t h e Agreement is hereby amended to provide as follows: 14.1 Unless sooner terminated for any reason else- where provided, this Agreement shall extend to and until the expiration of the Englewood Wastewater Con- tribution Permit for the Fairways Tap, or May 15, 2002, whichever shall first occur. 2. The final sentence of paragraph 8.2 of the Agreement is hereby amended to provide as follows: Each annual inspection, and any riecessary cleaning, shall be done during the month of August, with a final inspection, and any necessary cleaning, to be done in May, 2002, to coincide with the termination of the Agreement, to leave SOUTH ARAPAHOE with a clean pipe. 3. Paragraph 9 of the Agreement is hereby amended to pro- vide as follows: The COUNTY and WMC shall be jointly obligated to reim- burse SOUTH ARAPAHOE for engineering and legal fees E x H I B I T 1 incurred in responding to the request for a three-year extension, and shall pay such reimbursement within thirty (30) days after invoice by SOUTH AR.z..FAHOE. 4. Except as expressly amended hereby, the Agreement shall remain in full force and effect in all its particulars. IN WITNESS WHEREOF, the parties have set their hands and seals as below written. ~ ;/t#f~CJ~ Robert E. Bruce, Secretary ( S E A L) ------ ATTEST: ( S E A L) SOUTH ARAPAHOE SANITATION DISTRICT By IL1'!:JtlJzr~ David Chr¥stensen, President ae t:fcU ·-1: D t ,-cf I - BOARD OF COUNTY COMMISSIONERS, COUNTY OF ARAPAHOE ~h ;;Va:? d?a ir:man / . Date 3 -z.-> / 1 7 -2- ' • • • • • • ATTEST: CITY OF ENGLEWOOD, COLORADO WASTEWATER ENTERPRISE Title TQ!lcri s h ia A Ell is. City CJ e r k (S E A L) SOUTHGATE SANITATION DISTRICT, Arap and Douglas Counties ATTEST: {S E A L) WASTE MANAGEMENT of COLORADO, INC. By:~~ Le'nard Butler, Vice Pres. Environmental Management ATTEST: (S E A L) -3- CONSENT OF SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1, being a party to the Basin Interceptor Agreement, acknowledges receipt of a copy of this EXTENSION OF WASTEWATER TRANSMISSION AGREEMENT, and declares that it consents to the same having been entered into by the other parties to said Basin Interceptor Agreement. Dated this /Stir day of /ffRIL ATTEST: By:~?~ Benja1llIL:OISen/ Secretary D:\DLF\SARA\LANDFILL.AGR March 31, 1999 -4- 1999. SOUTH ENGLEWOOD SAHITATION DISTRICT NO. 1 By:~~,«~~ Eugene"'F: Dunham, President '' • • • • • • WASTEWATER TRANSMISSION AGREEMENT THIS AGREEMENT is made and entered into e f fective as of March 31, 1995, by and between SOUTH ARAPAHOE SAN I TATION DISTRICT, a Colorado quasi-municipal corporation ("SOUTH ARAPAHOE"); SOUTHGATE SANITATION DISTRICT, a Colorado quasi-municipal corporation ("SOUTHGATE"); the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, a body corporate and politic of the State of Colorado (the "COUNTY") i THE CITY OF ENGLEWOOD, a Colorado municipal corporation (hereinafter called "ENGLEWOOD") and WASTE MANAGEMENT OF COLORADO, INC., a corporation ("WMC"). RECITALS A. The COUNTY owns County Line Landfill (the "Landfill"), located in D9uglas County, Colorado at the intersection of South Colorado Boulevard and County Line Road. B. WMC is the operator and manager of the Landfill pursuant to an agreement with the COUNTY . C. Rainfall and natural drainage have caused storm waters containing contaminants or potential contaminants to collect at the Landfill. D. SOUTH ARAPAHOE owns public sewer facilities in the vicinity of the Landfill. E. SOUTH ARAPAHOE 1 s mains flow into the Big Dry Creek Interceptor (the "Interceptor") , which is owned in various segments by SOUTHGATE and ENGLEWOOD, and which is operated pursuant to a Basin Interceptor Agreement dated as of August 1, 1990 (the "BIA") . The Interceptor delivers sewage flows from SOUTH ARAPAHOE' s service area to the Bi-city Treatment Plant (the "Plant") owned jointly by ENGLEWOOD and the City of Littleton; ENGLEWOOD operates and manages the Plant pursuant to an agreement with the City of Littleton. F. On or about January 21, 1985, SOUTH ARAPAHOE, the COUNTY, ENGLEWOOD and WMC entered into a Wastewater Transmission Agreement (the 11 1985 Agreement") pursuant to which storm waters collected at the Landfill have been transmitted to the Plant. The 1985 Agreement was extended and modified by an Amendment dated October 1, 19 9 O (the "Amendment") . G. Under the 1985 Agreement, WMC installed a lift station and dewatering sump at the location shown on Figure 1 attached hereto and incorporated herein by reference. Said fac i lities were then connected to SOUTH ARAPAHOE's facilities at the location shown on Figure 1 as "Existing Manhole to Sanitary Sewer." This system and its connection to SOUTH ARAPAHOE facilities is hereinafter E XH IBIT A called the "Landfill Tap." H. Changes in circumstances since the date of the 1985 Agreement, coupled with the need for an additional connection at the Landfill, have prompted the parties hereto to restate the prior understandings, with amendments, in this Wastewater Transmission Agreement. AGREEMENT FOR AND IN CONSIDERATION of the mutual promises and undertakings set forth herein, the parties agree as follows: 1. Limited Scope of Aoreement. The purpose of this Agreement is to permit the use of SOUTH ARAPAHOE facilities and the Interceptor to convey wastewater only from the Landfill and only for a limited period of time. This Agreement shall not be construed or asserted as the basis of any off er or willingness or ability on the part of SOUTH ARAPAHOE, SOUTHGATE, OR ENGLEWOOD to provide sanitary sewer service to the public generally or to any area outside the specific limits of the Landfill, except as is specifically provided herein. 2. Landfill Tap. The Landfill Tap shall be governed by this Agreement. 3. Fairways Tao. 3 .1 The COUNTY and WMC are hereby authorized to make an additional, new and separate connection to SOUTH ARAPAHOE facilities to permit the discharge of contaminated or potentially contaminated effluent from a groundwater collection, pumping and transmission system located on Tract K, Fairways of South Suburban, Filing No. 3 Subdivision, in or near the "Study Area" also shown on said Figure 1. This system and its connection to SOUTH ARAPAHOE facilities is hereinafter called the "Fairways Tap." '.,. • • 3.2 The COUNTY and WMC shall, at their sole expense construct the Fairways Tap and connect it to SOUTH ARAPAHOE facilities. The COUNTY and WMC will follow SOUTH ARAPAHOE permitting requirements, and the connection to the SOUTH ARAPAHOE system shall be in accordance with plans and design approved by SOUTH ARAPAHOE before any connection is made. All engineering fees and other costs incurred by SOUTH ARAPAHOE in reviewing plans and specifications shall be paid by the COUNTY and WMC. No permit shall be final nor shall service be provided until construction is approved by SOUTH ARAPAHOE. Further, it shall be the responsibility of the COUNTY • -2- • • • and WMC to determine all requirements for and to secure any and all other permits and approvals for the work from the appropriate governmental agencies. 4. Connections Limited. The Landfill Tap and the Fairways Tap (hereinafter collectively the "Taps") shall be constructed and maintained so as to prevent the connection of sewer lines from any area other than the Landfill and the specific groundwater collection location specified in 3.1 above. In addition to any other remedies herein provided, SOUTH ARAPAHOE shall have the right immediately to disconnect facilities serving any other area regardless of where the unauthorized connection is made and to charge the COUNTY and WMC for t h e costs thereof. 5. Other Aoreements/Pe:::n i ts. 5 .1 In-the performance of their obligations under this Agreement, the COUNTY and WMC will satisfy, adhere to, and be bound by all of the performance standards, terms, and conditions contained in the following cont=acts: a. Wastewater Contribution Permit issued by ENGLEWOOD to the COUNTY dated May 15, 1993, and amended in 1995; and b. Connector's Agreement between Arapahoe County and the City of Englewood dated August 20, 1984, as amended by Amendment dated June 27, 1987 and Consolidated Amendments to Agreements dated July 2, 1990; and c. First Amendment to the Consolidated Amendments to Agreements dated March 21, 19 9 5; and A violation or breach of any of such standards, terms, or conditions will be deemed a violation or breach of this ~greement and will be cause for termination hereof, without regard to whether either of the referenced contracts are in force at the time of the alleged violation or breach. 5.2 Additionally, the COUNTY and WMC understand and agree that all the rights and privileges granted.them by SOUTH ARAPAHOE herein are subject to the provisions of the Connector's Agreement between SOUTH ARAPAHOE and ENGLEWOOD and any successor agreements. 5. 3 All service furnished hereunder by SOUTH ARAPAHOE and the Interceptor shall be subject to applicable Rules and Regulations of SOUTH ARAPAHOE and SOUTHGATE, to the ENGLEWOOD Wastewater Utility Ordinance, and to any and all treatment permits issued by ENGLEWOOD for the discharge from the Taps, all as now or hereafter -3- constituted. 6. Tao Allocations. The tap allocations of SOUTH ARAPAHOE under ENGLEWOOD's tap allocation program are not affected by either the Landfill Tap or the Fairways Tap. 7. Connection Charges. 7 .1 Notwithstanding the provisions of Section 5 above, because of the limited term of this Agreement and the time and rate restrictions on discharge in Section 10 below, there shall be no additional SOUTH AR.~AHOE tap fee for the Fairways Tap. 7. 2 Also because of said limitations and restrictions, neither the Landfill Tap nor the Fairways Tap shall be deemed a connection to the Interceptor under the BI/1.. If, however, discharge from the Taps causes any impact upon any gallons-per-day capacity entitlements under the BIA, such capacity impact shall be deemed attributable to SOUTH ARAPAHOE. In such event the COUNTY and WMC shall be liable for the payment of Line Charges under said agreement, calculated as provided therein, and SOUTH AR.~_lj{OE may • impose such tap fees or system development charges upon the Taps as • are applicable generally within that District. In lieu of the foregoing, however, SOUTH AR~AHOE may, at its discretion but not later than sixty (60) days after notice of Interceptor capacity impact is given to SOUTH ARAPAHOE, the COUNTY and WMC by SOUTHGATE or ENGLEWOOD, alter the time and rate restrictions on Landfill discharge into its system so as to eliminate the capacity impact upon the Interceptor. 7.3 The primary basis for the waiver of connection charges hereunder is the assumption that the Landfill dewatering program is temporary. Therefore, if both Taps have not been disconnected at or before the expiration of .this Agreement as stated in 14.1, at the election of South Arapahoe in its sole and unlimited discretion, the said Taps may be deemed permanent. Upon a determination to such effect by resolution of the SOUTH ARAPAHOE Board of Directors following reasonable notice to and an opportunity for the COUNTY and WMC to be heard, all connection charges attributable to the Taps will be due and payable within 30 days thereafter, at the then current amounts and calculation formulae, and the Taps will be accounted for under the BIA as new connections to the SOUTH ARAPAHOE system as of that date. They will not, however, count against the Taps for which SOUTHGATE agreed to pay Line Charges under the May 31, 1990 Agreement between SOUTH ARAPAHOE and SOUTHGATE; the COUNTY and WMC shall be jointly and severally liable to pay Line Charges attributable to the Taps • directly to ENGLEWOOD. If as of the expiration of this Agreement -4- • -· • SOUTH ARAPAHOE has not determined the Taps to be permanent as provided above, the Taps shall be promptly and permanently disconnected. 8. Maintenance Charges. 8.1 The COUNTY and WMC shall pay SOUTH ARAPAHOE an annual service charge of One Thousand Dollars ($1,000.00) for the Landfill Tap and an annual service charge of One Thousand Dollars ($1,000.00) for the Fairways Tap. Such fees shall be paid in advance, on the date the Fairways Tap is approved by SOUTH ARAPAHOE. Credit for any prepaid annual service charge attributable to the Landfill Tap under the 1985 Agreement shall be prorated to the date described immediately above. 8.2 To _prevent a build-up of metals deposits in the SOUTH ARAPAHOE's mains, SOUTH ARAPAHOE shall annually inspect its main from the point of the Landfill Tap to the point of the Fairways Tap, and downstream from the Fairways Tap to the "B" line, a distance of approximately 4,000 feet. The inspection shall be done by SOUTH ARAPAHOE's regular maintenance contractor. If any build- up of sludge or other solid materials is found, the same shall be removed by jet-cleaning or other appropriate means. SOUTH ARAPAHOE shall have such removal or cleaning charges billed by separate invoice, which the COUNTY and WMC shall pay within thirty (30) days after receipt. If the charges are anticipated to exceed $1,200.00 for any one cleaning pursuant to this section, the COUNTY and WMC shall be notified by SOUTH .AR~PAHOE in advance of the performance of the cleaning work. Each annual inspection, and any necessary cleaning, shall be done during the month of August, with a final inspection, and any necessary cleaning, to be done in May, 1999, to coincide with the termination of the Agreement,_ to leave SOUTH ARAPAHOE with a clean pipe. 8.3. The COUNTY and WMC are jointly and severally liable for any and all maintenance charges imposed pursuant to the BIA. For the purposes of calculating same, actual measured flows from both Taps shall be substituted for the ''annualized mid-winter reading" in the formula specified by the said Agreement. 9. Costs Reimbursement. The COUNTY and WMC shall be jointly obligated to reimburse SOUTH i\.RAPAHOE and SOUTHGATE for the engineering and legal fees they have incurred and will incur in responding to the request by the COUNTY and WMC for the Fairways Tap. These expenses include but are not limited to all plan reviews, consultation, observation, inspection, drafting, analysis, conferral, and reporting. The amount of such reimbursement shall be determined after the Fairways Tap connection is completed and -5- all SOUTH ARAPAHOE and SOUTHGATE engineering and legal work pertaining thereto is concluded, and paid within thirty (30) days after invoice by SOUTH ARAPAHOE and SOUTHGATE. 10. Discharoe Limitations. 10.1 No wastewater from either the Landfill Tap or the Fairways Tap shall be discharged into SOUTH ARAPAHOE facilities between the hours of 5:00 a.m. and 10:00 a.m. or between the hours of 5:00 p.m. and 10:00 p.m. daily. The rate of discharge from both taps combined shall not exceed twenty ( 2 O) gallons per minute during the hours of discharge except that not more than once each day the discharge rate may be increased to a maximum of one hundred twenty (120) gallons per minute for not more than five consecutive minutes. 10.2 The discharge time and rate limitations stated in 10.1 above shall be subject to change as reasonably directed by SOUTH ARAPAHOE if flows from the Landfill adversely affect the availability of peaking capacity in SOUTH ARAPAHOE facilities or the Interceptor. • 11. Emergencv Shutoff. SOUTH ARAPAHOE, SOUTHGATE, and • ENGLEWOOD shall at all times have the right, without liability for damages to the COUNTY or WMC, to interrupt the discharge of Landfill wastewater in the event of a blockage or rupture anywhere within the SOUTH ARAPAHOE system, the Interceptor or the Plant. 12. Monitorino; Renortino. 12.1 During the term of this Agreement, the COUNTY and WMC will furnish SOUTH ARAPAHOE, SOUTHGATE and ENGLEWOOD with copies of all flow charts, analytical reports, tests, and test results involving the wastewater removal program submitted by them to the Colorado Department of Health. Additionally, SOUTH ARAPAHOE may monitor the Taps, review any flow charts, analytical reports, and tests made by any of the parties, and have access to the Taps to examine, inspect, and make such tests of the Landfill wastewater as it deems necessary, provided that . in exercising its rights hereunder SOUTH ARAPAHOE does not interfere unreasonably with the operation of the Taps or impose an unreasonable administrative burden on WMC. The COUNTY and WMC shall reimburse SOUTH ARAPAHOE for all costs and expenses incurred in connection with any examination and testing which does not duplicate information previously provided to SOUTH ARAPAHOE by the COUNTY and WMC hereunder. -6-• • •• • 12. 2 The COUNTY and WMC shall monitor contaminants present in the discharge at both the Landfill Tap and the Fairways Tap, and shall, for both of said taps, provide copies of the documents submitted to the Colorado Department of Public Health and Environment to SOUTH ARAPAHOE and SOUTHGATE as provided in paragraph 13 above, and shall notify SOUTH A.."ZAPAHOE and SOUTHGATE immediately of any changes or new toxic or hazardous material found. 13. cure of Violations. The COUNTY and WMC shall correct any violations or breaches of this Agreement, or other conditions reasonably determined by SOUTH ARAPAHOE, SOUTHGATE or ENGLEWOOD to be injurious to SOUTH ARAPAHOE facilities or the Interceptor. Upon the failure of the COUNTY or WMC to take appropriate corrective action after notice by SOUTH AR~PAHOE, SOUTHGATE or ENGLEWOOD, any or all of said parties shall have any or all of the following remedies: undertake such corrective action as it deems necessary; halt landfill discharge into SOUTH ARAPAHOE facilities; disconnect the involved Tap from SOUTH ARAPAHOE facilities; and obtain injunctive or other relief from any court of competent jurisdiction. Such remedies shall be cumulative, and the COUNTY and WMC shall be jointly and severally responsible and liable to SOUTH ARAPAHOE, SOUTHGATE and ENGLEWOOD, as appropriate, for all expenses, including engineering and attorney fees, incurred in connection with the corrective work. In the event of litigation, the prevailing party shall be entitled to recover its expenses and costs of suit, including attorney fees and other professional fees and charges. 14. Term; Termination. 14. 1 Unless sooner terminated for any reason elsewhere provided, this Agreement shall extend to and until the expiration of the Englewood Wastewater Contribution Permit for the Fairways Tap, or May 15, 1999, whichever shall first occur. 14. 2 Any party may terminate this Agreement sooner for any of the following reasons: a. ENGLEWOOD refuses for any reason to treat discharge from the Taps; b. Any party commits a material breach of any provision hereof and fails to cure the same within a reasonable time after service of written notice of breach upon it, which notice shall identify with particularity the act or omission complained of· and the date by which cure is demanded; -7- c. SOUTH ARAPAHOE determines that notwithstanding all efforts to regulate volume and times of discharge, SOUTH ARAPAHOE becomes substantially unable because of impairment of its capacity by discharge from the Taps to fulfill its obligations to users existing as of the date . of this Agreement; d. The Landfill wastewater drainage contemplated by this Agreement is completed. 14. 3 Upon the termination of this Agreement, the Landfill Tap and the Fairways Tap shall be disconnected permanently from SOUTH ARAPAHOE facilities in accordance with all applicable regulations of governmental agencies having jurisdiction, including without limitation, the Colorado State Department of Health. All work involved in ~;uch disconnection shall be subject further to the approval of SOUTH ARAPAHOE. The COUNTY and WMC shall pay all of the costs incurred in the disconnection of the COUNTY system, including the inspection and other costs of SOUTH ARAPAHOE' s consulting engineer. • 14.4. If for any reason the Landfill Tap or the Fairways Tap is disconnected from SOUTH ARAPAHOE facilities before all • wastewater is removed from the Landfill, the COUNTY a:pd 'WMC acknowledge and agree that an acceptable alternative means of removing such remaining wastewater exists in the form of trucking, and that the removal of wastewater from the Landfill through SOUTH ARAPAHOE facilities and the Interceptor as provided in this Agreement, while less expensive, is not necessary for public health or related reasons. 15. Transmission Liabilities Limited. Neither SOUTH ARAPAHOE nor SOUTHGATE shall have any liability to ENGLEWOOD for damage to the Plant caused by discharge from the Taps, but nothing herein shall be construed to relieve SOUTH ARAPAHOE from liability or responsibility for its failure or refusal promptly to carry out reasonable and lawful directives from ENGLEWOOD to assist ENGLEWOOD in stopping the discharge of hazardous wastes from the Taps. Further, nothing in this section shall be construed to prohibit ENGLEWOOD from including costs to repair damage to the Plant caused by discharge from the Taps in the revenue requirements for its treatment charges applicable generally to all customers served by the Plant. 16. Miscellaneous Provisions. 16.1 The COUNTY and WMC shall indemnify and save harmless SOUTH ARAPAHOE, SOUTHGATE and ENGLEWOOD, their officers, employees, • -8- • •• and agents, against any and all claims, damages, actions, or causes of action and expenses, including attorney fees to which they or any of them may be subjected by reason of or in connection with the construction, operation, modification, replacement, maintena nce, repair, or removal of either Tap, or the use of SOUTH ARAPAHOE facilities or the Interceptor by the COUNTY and WMC. 16.2 This Agreement shall not be assigned, sold or transferred by the COUNTY or WMC without the written consent of SOUTH ARAPAHOE. 16.3 Should any federal or state law, rule, permit, regulation, or order of court render void or unenforceable any provisions of this Agreement, in whole or in part, the remainder shall be in full force and effect to the extent possible. 16.7 This Agreement shall not be used as a legal defense or prohibition to a mandatory consolidation of all existing sewer collection systems and facilities into a single governmental entity created to assume responsibility for sewer service in the area in which the COUNTY, ENGLEWOOD, and SOUTH ARAPAHOE are a part, under statutory or constitutional authority, as may be the case . 16.8 This Agreement supersedes, terminates and replaces the 1985 Agreement and the Amendment thereto, in their entirety. 16.9 The above and foregoing constitutes the whole agreement between the parties and no additional or different oral representation, promise or agreement shall be binding Upon any of the parties hereto with respect to the subject matter of thi ~· Agreement. IN WITNESS WHEREOF, the parties have set their hands and seals, effective the day and year first above written. SOUT~AHOE ~"1TATION DISTRICT By: v(~ \fi_J7~ Charles R. Bruce, President ASES.T: 1 w~ Doyl Woodcock, Secretary .· . ·:.: :._(SEAI,) .;.: ;:~::~.... . < - ~ ~ ' . -:"': .... · ·. ~, · .. -; . -9-.., . ~ -: . ·~. , ATT~~T: ,/) ' u~~~ Donetta Davidson County Clerk and Recorder (SEAL) Loucrishia City Clerk (SEAL) ATTEST: L GL ·L ~{ :u ?l'r!-C{t 1---l (~·L 4t (~ JUfia Swearingen /"/ _ , ... s~cretary (/ . ·. --:::~:ys:E:AL) . ,,/ . ~ .. ' . . . -.... · · .. : .· ·-. -.. -., , . . ' .· ·• .. -. . -...... ,;"~ .. = .:._: , _ _.. . ; .. ·~ ........... ~ , . 'I • •' ,:' (' .. '.... '' ( l (: ,... •· · .. ·~ ...... • BOARD OF COUNTY COMMISSIONERS, COUNTY Ot~AHOE By:~~~~ Thomas R. Eggert, P1aArf,an of the Board of County\_9_d~issioners SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas Counties By: r&,_sA~fk . Glen E. Neidert, President -10- • • • • -· ATT~S :_ ...... ?flJ / //C, / 17 Bil}!Je~ Secretary (SEAL) WASTE MANAGEMENT OF COLORADO, INC. By: d~,,-~ ~£e-.._ Leonard Butler, Vice President, Environmental Management CONSENT OF SOUTH ENGLEWOOD SANITA T ION DISTRICT NO. 1 SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1, being a party to the Basin Interceptor Agreement , acknowledges receipt of a copy of this WASTEWATER TRANSMISSION AGREEMENT, and declares that it consents to the same having been entered into by the other parties to said Basin Interceptor Agreement . Dated this ~ day of _;..;A=o ~c1=·1=---~~' 1995. ATTEST: #·-:: .~ --· ;:..:.._ _: ... • J : . . .· . SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 r ~! I·;; Cl '" 1;:1 ,Cl 1 ~1 .... I JOE NO . ECI-803 IDA.."T: 4-13-94. / - \ /lo:t s=~ s-, .. i"3V:'~A....'i ~": C:Jt?~ l . . >i)U..WQ 7iU::r.M.;' ~ I :::: ~ C't:..;.' /~-~-~ • l:=7 57.:.7"~ ~~ · r ... C:--=':'A.~.!.\'C ;u,ip , -"',.-. .J"'--· c:--~»ID >.~J..<:l ~~ "5"[: TJC I DPJJTN: PD jc=:_;s='·-~~"\,;:;~~~--~IFII_!.....=~~IDJfE:=1 ==-·~STD.:.:...:Y=A=R~=--f---------------------------------------------J . Hptl HYDROLO GIC F1G U?.E 1 ; \:. CONS ULTAN T{{~ LOCATION OF STUDY AREA