HomeMy WebLinkAbout1999 Ordinance No. 064, .
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ORDINANCE NO. h.!i
SERIES OF 1999
BY AUTHORITY
COUNCIL BILL NO. 66
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE APPROVING A "SUPPLEMENT TO THE AGREEMENT TO
PROVIDE A PORTION OF CHERRY HILLS VILLAGE WITH WATER SERVICE"
FOR THE PURPOSE OF INCLUDING THE "VIKING DRIVE WATER LINE"
WITHIN THE CHERRY HILLS VILLAGE WATER SERVICE BOUNDARIES.
WHEREAS, Cherry Hills Village requests the inclusion of the ''Viking Drive Water
Line" into the prior agreement concerning Cherry Hills Village Water System; and
WHEREAS, said water line is in Cherry Hills Village; and
WHEREAS, the zoning of this property in Ch erry Hills Village is Residential; and
WHEREAS, the Englewood Water and Sewer Board recommended approval of this
Supplement to the Cherry Hills Village Water Service at their August 17 , 1999,
meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Agreement between the City of Englewood and Cherry Hills Village
entitled "Supplement To The Agreement To Provide A Portion Of Cherry Hills Village
With Water Service" for the purpose of including the ''Viking Drive Water Line" for the
purpose of including the ''Viking Drive Water Line" within the Cherry Hills Village
Water Service boundaries, is hereby accepted and approved by the City of Englewood
City Council. A copy of said Supplement Agreement is attached hereto as
""Attachment 1" and incorporated herein by reference.
Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest,
respectively, the said Supplement 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 1st day of November ,
1999 .
Published as a Bill for an Ordinance on the 5th day of November, 1999.
Read by title and passed on final reading on the 15th day of November, 1999 .
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Published by title as Ordinance No.0.J. Series of 1999, on the 19th day of
November, 1999.
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I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado , hereby certify
that the above and foregoing is a true co~ ;>f the Ordinance passed on final reading
and published by title as Ordinance No. <t2.!f, Series of 1 99.
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ATTACHMENT 1
SUPPLEMENT TO THE AGREEMENT TO PROVIDE A PORTION OF
CHERRY HILLS VILLAGE WITH WATER SERVICE
THIS SlJPPLEMENT TO THE AGREEMENT is entered this _ day of
---------1999 by and between the CITY OF ENGLEWOOD ("Englewood")
and the CITY OF CHERRY HILLS VILLAGE ("Cherry Hills").
WHEREAS , an agreement was entered into on September 30, 1993 , "Agreement To
Provide A Portion Of Cherry Hills Village With Water Service", by and between the CITY OF
ENGLEWOOD (Englewood) and the CITY OF CHERRY HILLS VILLA.GE (Cherry Hills)
for the purpose of providing for a satisfactory and dependable water supply and service
within a designated area of the City of Cherry Hills Village ; and
[See Exhibit A]
\VHEREAS , the City of Cherry Hills Village desires to add the ''Viking Driv e Water Line"
to its water system ; and
WHEREAS , the cities of Englewood and Cherry Hills Village agree to add a supplement to
the AGREEivIE:l\f'f TO PRO\.lDE A PORTION OF CHERRY HILLS vlLLAGE WlTH
WATER SER\11CE which would include the ''Viking Drive Water Line", as described in
Exhibit B , to the current Cherry Hills Service; and
WHERE.-\S , this additional water line will be subject to all the mutual agreements and
covenants contained that September 30 , 1993 , AGREEMENT TO PRO\l IDE A PORTION OF
CHERRY HILLS VILLAGE 'N1TH WATER SERvlCE;
NOW, THEREFORE , in consideration of the mutual covenants and undertakings herein
set forth , the parties agree as follows:
Section 1. The City of Englewood hereby consents to the inclusion of the Vi.king Drive
Water Line more fully described in "Exhibit B ," into the water service area . The Water
Service Agreement dated September 30 , 1993 , is hereby amended to include such additional
area .
Section 2 . Each and every other provision of the said Agreement dated September 30,
1993 , shall remain unchanged .
IN WITNESS WHEREOF , the parties have set their hands and seals this_ day of __
----------~ 1999.
CITY OF ENGLEWOOD, COLORADO
ATTEST:
Loucrishia A. Ellis, City Clerk , Mayor
CITY OF CHERRY HILLS VILL..\GE
ATTEST:
, Mayor
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AGREE)fE:.:rr TO PROVIDE A PORTION OF CHERRY EILLS v"TLL~GE
WITE WATER SERVICE.
BOat7297rAC£ 310
THIS .~GR.E:::~E:~"T is entered this io-4 day of 5a.d4nl#" 199~ by and between
the CITY' OF E::.-GLSWOOD ("E"glewood") and :.1.e CITY OF CF....=.R..~Y HILLS VILU..GE
("Cber:-1 Hills'').
~EREA.S , Cheg Hills desfres to provide for a sa.::sfac:ory and dependable water
supply and se:-.-ice for use wit!'-in fae desigr:ated area of the City of Che!"ry Hills Village,
and
W7"t:C-·:n:· '~ • · ·.. .. · ' · ' C · b .,.... · d h .. ~1.. ' ... .:.~~.-...... :ne area :s ci.:::-:-en:~y su;:puec wate!" :y or:.::-ac: y .:.:1g1ewoo : rougn ~e
Cher.y Hii ls R.2.:1c'.-io System, ar.d
wr::::?.~ . .i._s , ::::ig lewooc ':-:as :'.-:e 2 .. b:iry ar:.ci a:::'.-:c:-'.::: :o e!"l:e!" :.-:to c::n::-ac:.s for :."le sale of
war:e!" a.::.C 1;.,~a~=~ 5e~ .. -ices ot::siCe ::ie Ci:y 11 ~::.s of =:::g:e~·c o C. \.!...":Ce~ Sec:ioc :2~, ... .\.r-.ic!e
XIII of ::-:e ::::lg!e;vooC: C'=' C~a:-:e!",
NOW r:-::::.?~?OR.::::, ir: c::r:si cie,aticn of :.';.e :::i::t::3.! ag:-ee:::e:::s ~-:ci c::ive::ar::s
h . -. . . . ' .. , e'!"'e1::a::2~ c:r: :.:;.i:1eC, ~::e ~ari..:e~ ne!"'eto ag:-=e as :o 1!0?/S:
1. Englewoo d ag:-ees :o :i.::-:lisn water wi :'.-:::J t..'-1.e Cor...t:-ac: Se:-.-:ce Area ("Ser-vice
.A.:ea"), i C:emi:1eci ir: A::ac:i:ner:t A and ::::ade a pa:-: of fr.is Ag:-eemen: heret.:J, for all
uses anc ;:iu:-pcses :or w::icn E;iglewooC: has a;::pr~pr.ative :-ig'.:ts. Engl ewood
re;:rese:: :s :hat i t has a si.:.:7-cient amoi.:::t cf ;::otac i e wate:-to serve the se~ce area.
Sue'.: wa t e:-shall be a quali::; a.'1d in qi;..a.-:::i:ies as to prov"icie wate!" services similar to
t'.:cse fu:-::isned :o wa:e!" use!"S inside E:!g!ewooci , wi:.'ioi.:.: ~y disC:-:minaton
ag:.:r...st :::Ce use!"s in ::ie Se:-vice A:ea, e:rce;:: as ~peci::C::?.I1 y pr-ovided by t.!1.is
. ..\:,-:-ee:.le::t a::c by or:i.:r...a.r;ces of :.';.e Ci'=: of E:::g '.ewooc e.X.:s~-:g as of t..'-:e da:e of this
... ~g:-ee~e!":t .
2 . ..\2 1 of the ?ipes , vah·es, anc ot:ie, appu::-::e::ar:::es , inc!u6..11g =::::-e hyci:-ants, used in the
dis::-ibt::ion of wat e; to foe users in :.i.e Se:-.ice . .!::ea shall ne!"einar...cr be refe!'":"ed to as
"wate!" se!"Vice fa di ties " or "facilities."
3. Cherry E il1 s by this A.g:-ee!:'lent grants a..11d cor:.v eys to Engl ewood a license, but not
o...vnership , over a ll :he water se:-rice fadices in the Ser-vice Area to whic!'i. Cberry
Hi !1 s has ac~u i !"ed own e:ship. Cher-;-:1 E ills ag:-ees that i t will not exercise any
ci cr:ii nion whatsoever over any of wa:e!" se::-rice fadities in t."ie Ser-vice Area which
a!"e inc::ir.sisten t W.:h the pe!"for.nance by Er:.g lewood of its .-ignts and obligations
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h d I . ' , t "li " ' . h. ~,., t ' 11 th ereun e:. t is ag:-eec t na ce.;;,se, as u.sec ir:. t. 1s .~eer:ien , sna mean e
rig:-tt to use , connec:, disconnec:, modify , rehabili tate, e:c:end, enlarge, replace,
c:n vey, aban don or other.vise dispose of ar:y and a ll of :he water .service fac ::lities.
Che!7'/ Hills ag:-ees that it 'Nill as.s~e owne!"ship of any e:C:st:ng water mains and
fac:1ities in the Se;.-iced Area. Ar!y acic:it:ional se!'"vice fadities needed to serve the
Sernce A:ea by reason of new c!lnst:-:ict:on or expansion of the Sen-ice A..rea, shall be
c::instructed to then c".lr.ent Cicy of Englewood sta.ndaras by Cherry Hiils, and Cherry
Hi ll s ag:-ees to assume ow11e!"ship of saic faci1i:i es upor. dee6ng to Cherry Hills by
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the proper:y owners. Ownersnip shall be acquired by writ:en conveyance and each
such conveya.."lce mt!St be approved by the City of Englewood in writing.
Cher.-; Hil1s agrees to acquire rights-of-ways or easements required by construction
of additional facilities, where the facilities are situated on private property or the
easement is ::lot of sufficient size to allow proper operation , maintenance, and repair
of :he fadit:ies. C:ien-1 Eills agrees that E:lglewood is not obligated to enlarge any
existing faciiities.
6. Englewood ag:-ees to operate, maintain, repair and replace all facilities which come
undeY its domir.ion in the Service Area to the extent that sucb maintenance is
necessary to the furnishing of potable water service provided for in this Agreement
and to opeYate, maintain, and keep a complete inventory of sucb physical facilities as
are :1eces.sar; or desirable to ac:ornplish the obiigations it has under-..aken for Cherry
Hills as set for:."-1 heYein. N ot..1-iing in this Ag:-eemem shall require Englewood to
upgTacie or er.large any existing facilities or to ac:ept a license or repair and
maintain ar:y facilities of whic:i Che::-'; Hills '.-las not ac:eptec owneYship with
Eng!:: wooC.'s •\/""f.r.terl approval.
7. Eng1ewooc :nay es:abiish, ir.:.pose a:i.c :olle-::: fees :a:-:he ·.vateY se:':"ice it provides
users in Ge Se:'.-i:e Area whi:::i shall be know:: as "wate:-se:'.""ice c::arges." In
adCit::cn, Eng'.ewooc may at any time ir:ipose ot!-ie:-su::h :-a:es. tolls, cba:-ges or
cornb i::atior:s :be:-eaf, for g:-an:.i::g a user the :-ignt :o :.ake wace:-through :he se:'rice
facilities. These c~arges shall be k::own as "wate:-connec:ion c::arges" which is a
charge sepa:-ace fro:n t.'fie wa;:ey se:'.rice charge, and one does not include the ot!-ier or
any par: thereof.
8. Met:tods of collec:ion and schedules of fees for water se:!'"\'ice and connection charges
Englewood. shall apply to all users in the Service Area and shall be similar to t.'iose
imposed by Euglewood to ot.1-ie::-outside City _.\reas.
9. I: is :nu::l.!2.11y :.g:-eec that over :he du::-aticn of :he _-'..g:-ee:::1ent cha."lges \\--ill be
required in :.':e wace::-ser,rice ::harges for be Serv'i::e Area. It is therefore ag7eeci that
Englev·;ooc :::ay :ncdify be cha::-ges for water se!Y'ice provided herein, in its
disc:-e:ion, p:-o·:icieci:
A. Englewood shall give public notice as required '.Jy the City of Englewood
Ordinance to make any changes to the water service or water connec:ion
charges.
B. Englewood. shal! have reasonable ciisc:-etion to establish and apply c:-iteria for
deter:nining, for bot.1 t1e systems inside and ou:.side Englewood, the rate
s:~ctu:-e, foe :iecessary pla.·lt, the plant value, and. the operation, maintenance
and depreciation cos:s.
10. All the gene:-al rules and regi..:.lations and a:r:iendments thereto placed in force by
Englewood conce::ning the operatian, conditions of seYV"ice, and procecii..:.res relating
to the insi:al1a:ion of new main lines and taps of :he E:iglewood :vfunicipal Water
System, shall be as fully er.forceable in the Service Area as inside Englewood.
Cherry Hills retains the full right to make and enforce rules not inc:msistent with
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Englewood's rules to govern uses of water in the Service Area. Cherry Hills agrees •
by the exercise its authority to assist Englewood in enforcing its ordinances and
rules applicable to foe provision of water service _including :hose made to protect the
purity and safety of the water supply, to prevent waste of water in the Service Area, to
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;.J0K 7297 ?AGE 312
assure that the installation of water supply facilities are to the standards of
• Englewood, and to assure collection of delinquent ac::ounts.
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11. Determination of the needs and requirements of Englewood and its inhabitants with
respect to its water system is a fact to be deter:nined by the Englewood City Council at
its disc:-etion, to be exercised from time to time as occasion may require. Englewood
intends to maintain a water supply adequate to meet the needs of its inhabitants and
approved areas dependent on Englewood for suc!i. supply, and agre es to use all
reasonable means to maintain a surplus of water from which to furnish Cherry Hills
and other contractual users with potable water for normal use. However, there are
circumstances which make it uncer..ain whether the supply can always be adequate.
In times of shortage of available water for any reason, service to users outside
Englewood must be curtailed and, in the happening of such event, shall be curtailed
on the following basis, the first listed c-.ir:ailment being adopted to meet the least
serious sitaation and the suc::eeding cur.ailments being adopted in addi t ion as the
situation becomes more se!"'ious, and the last suc!i cur:ailment to be invoked only to
meet the grav~t possib le sit::ation and one whic!i every re:!sonable prec:i.ut:ion will be
taken to avoid:
A. Rest:iction of ir.:g3.:ion.
B . Prohibition of ir.:ga:ion except for co::r::1ercial g:-eenhouses .
C. Prohib ition of ever::: use except for cio7:1.es:::: use ar.C. of essen:ial industry.
D . P;onfoition of all use outside Englewood except domestic uses .
E. P;ohibition of all :ises outside E:iglewoo d. It is understood that curt.:Jlments
A,B,C above shall be applied ::o C"..!Stomers inside the cit"j limits before t...'"ie City
shall imp ose c"..!:-:ail:r.er:.ts D a.'"ld E. Englewood will not implement
Subpar-ag7aph E he:eof u..'1less and um:l it has implemented Subpa:-agraph D as to
all service areas ..... --ithin and without E::g]ewood and ::hat EZ1g1ewoo d will treat
Che:ry Hills as favorably as it :::rea"s any ofae: service area outside of
Englewood.
12. Not withstanding any othe: te:n or provisio;:; in this . .\g":"eement, it is specifically
understood and agreed that Englewood may suspend the making of any new main
extensions and taps in the Service Area, provicied however, that Englewood shall be
obligated to exercise this :ight of suspension unifor.nly among all areas outside
Englewood which are similarly situa ted. Englewood ag-:-ees to provide written notice
to Cherry Hills in t.1-iis mat:er as far in advance as practicable.
13. All water furnished by Englewood unde: this Agreement is on a leasehold basis for
the use of the water users in ilie Service A.-ea . Such leasehold is for all the various
uses for which Englewood has been decreed the right to appropriate water. Such right
does not include any right to make a succession of uses of such water and upon
completion of the primary use of the water, all dominion over t.'"ie water so leased
reverts completely back to Englewood. Except as here.in and specifically ot.'"ierwise
provided, all property rights to the water to be furnished by Englewood are reserved by
Engl ewood . However, nothing herein shall be deemed or construed creating an
obligation on Englewood to separate said water form any material added to it in use
or as c:-eating any obligation on Engle wood regarding purification of the total mass
after use. Nothing contained herein shall be deemed to impose on the water users any
obligation, if it exists,. shall not arise out of anyfaing contained in this Agreement. It
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is mutu.al1y agTeed that there is no obligation on Che!'7)' Hills or on the water users
with respect to c:-eating any par.ic:.tlar volume of return f1ow from water delivered
hereunder.
14. All se!"Vice facilities installed or replaced in the Ser--1ice Area, shall be installed
pursuant to the rules, regulations and standards of Englewood and shall be subject to
all rules, regulat1ons and policies governing their use.
15. No enlargement of the Service A:ea or any other amendment of this A,,,OTeernent shall
be made unless it is made by mt.:.rual agreement. Such amendment may not be
unreasonably withheld by either pa...-zy.
16. Cher.y Hills ag;ees that it will neither directly or indiredy fu:-:lish, nor auth_orize
the furnishing, of any water se~-ice within the Service . .:\rea or through use of any of
its facilities except as herein provided. This limitation does not include applications
for use of grot.:.:Jd.water weils withi:: d1e Ser-rice A:e:i.
17. It is ag;eed that for failure of Cher:-:: Eills to pe;f°or::-i :::is . .\g:eement in 3.11 its
esse.r.rial parts , Engl ewood may be ::z::sec ~o :e:-:nir:.::.:e wate:-service in ;:iar-:: or :n
wnole to the Service A .. -ea. Prior to s..:::::i :e:.:::.r.a::on, Eng!ewooci shall provide
W":-it:er: notice to Che:r-;-; Eills of :ne C:eficie!'lc:es a:1C. ;:irovicie adec;um:e :ir:J.e to co:-:-ect
tl-iese deficiencies.
18. All ame:i.C.ments to this Ag;ee:.ien: rr.":..:.st be in ......-;-: :i:lg sig-:-ied by the governing
bodies of 8oth entities, no ager.: or e:::ployee :r:ay ~oc:fy ;:he A.,,,"Teement or bind r..'-le
respective par:ies.
19. The par.ies shal1 not be deemed to "have ag:eed that the benefits and obligations
c:-eated by this A.greer:ie:i.t have bee!"! modified by ar.y aruer.dment hereafter made to
the c::ms:it::tior. or laws of::he Stz.te ofCJlorado or the Cha:-t.er of the City of Englewood
unless St.:ch modific:i:ior:s have been ag;eec to by co::i ;:iar:ies.
20. I: is unC.e:-stooC. a.i."'1.C ag;eed to by E.•giewood a..;d Ch e:-:-:1 Hills :hat Englewood does
not hok it.self to be a :;:iubiic utilir;:1 or subjec: to the cor.::-ol of ::he Public utilities
CJmmission of :ne State of ColoraC.o :'or any pt.:rpose wnatsoever. This Ag;eement
and all parts thereof are subject to applicable decisions of the Supreme Court of the
State of Colorado regarding lack of ju."'"isdi c::ion of the P'J.blic Utilities Commission
over municipal water systems and :he supply of water the:-efrom to users outside City
limits .
21. Cherr:-1 Hills agrees that :he!"e is not any anticipated modifications to the cur.ent use
of the land and the presem zoning res:::-ictions wifain the Service Area during the
duration of this .-\,"Teement. If ::he c:.:.:-:ent land uses or zoning in the Service Area is
cnanged or modified, Englewood has no obligation to provide additional water
service beyond that :-equired at the time of the sigriing of this .~OTeernent. Cherry
Hills ag:-ees to submit in v.rriting to Englewood any proposals on zoning or land use
changes and the proposed effect, if any, on water demand prior to approval of any
change in land use of zoning in the Ser.rice • .:\rea.
22. No assignment by Cherry Hills of its rights under this . .\.,,,OTeement shall be binding
on Englewood unless Englewood shall have assented to such an assignment in
writing.
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23. Each one of the benefits and burdens of this Agreement shall inure to and be bi~ding
upon the respective legal representatives, successors and assigns of the parties
hereto.
24. The term of this Agreement shall be for ten (10) years, beginning with said effective
date of this Agreement. Unless either party notifies the other that it wishes to
ter.ninate this Agreement, in writing, not less than one year prior to the termination
date of this Agreement it will automatically be continued for four (4) additional Ten
(10) year terms.
25. Cher.y Hills shall have the ability to levy appropriate and legal charges on the water
bills sent to the customers within the Service Area. Englewood agrees to bill and
collect such charges and reimburse them to Cherry Hills. Englewood shall have the
ability to charge Cherry Hills a water administration fee to bill and collect any such
charges.
26. This .'\:,a-reemerrt specifically supersedes the Discibutors Contr-act ~o. 7, with Cherry
Hills Rancho which was signed on June 6, 1966.
27. The pa::-:ies agree t.11.at all prior water service agree!:l.encs inc!uding the one dated:
June 1, 1989, are hereby revoked and superseded by t.'-iis .\,a-reement.
CITY OF E);GLEWOOD, COLOR.WO
CHERRY HILLS R.-\..'l'CHO WATER
S~'l'ITATION DISTRICT
CITY 0 F CHERRY HILLS
Jo~ a. &.1+-:C 0.. ft
, Mayor
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AilACHMENT 11 A11
WAl~R CONTRACT SERVICE ARE A
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SE ?-27 -99 HON 10:20 ilH CITY OF CHE.'IRYHILLS VL~E FrtX NO. 3037619386 ,f .. c;
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Date
November 1 , 1999
INITIATED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item
10 a ii
Subject
Water Service Contract for
Viking Dr.
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Englewood Water and Sewer Board, at their August 17, 1999 meeting, recommended
Council approval of the Water Service contract for Viking Drive in Cherry Hills Village.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
On July 15, 1997, the Cherry Hills Village City Council signed an agreement to allow a water
main installation with 15 Viking Drive homeowners. The water line is connected to
Englewood's water system in S. Clarkson St., however there is no maintenance program or
responsible entity for the 15 services. To remedy the situation the City of Cherry Hills Village
has been working with the residents and the City of Englewood to incorporate Viking Drive
into Englewood's water maintenance area.
The City of Englewood conducted a physical review of the Viking Drive water line to determine
its conditions and found it meets its total service standards and is acceptable. The City of
Cherry Hills Village is willing to accept ownership of the water line on the condition that a
satisfactory total service water contract be obtained from the City of Englewood.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Proposed Bill for Ordinance
Water Maintenance Agreement with Cherry Hills Village for Viking Drive