HomeMy WebLinkAbout1999 Ordinance No. 072•
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ORDINANCE NO . 1J.-
SERIES OF 1999
BY AUTHORITY
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COUNCIL BILL NO . 74
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE APPROVING SUPPLEMENT NO. 4 TO THE VALLEY
SANITATION DISTRICT AND COLUMBINE WATER AND SANITATION DISTRICT
CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE
COLUMBINE SANITATION DISTRICT BOUNDARIES .
WHEREAS, the City of Englewood and the predecessor in interest to Valley
Sanitation District entered into an agreement dated April 18 , 1955 ; and
WHEREAS , the City of Englewood , the predecessor in interest to Valley and the
predecessor in interest to Columbine entered into an agreement dated April 18, 1955
and subsequent agreements , providing for the transport and treatment of effluent from
an additional 800 taps by which the effluent is carried through Valley outfall lines to
be treated by City's sewage treatment plant; and
WHEREAS, Valley and Columbine entered into an agreement dated March 20 ,
1956, and subsequent agree ments , relating to the transportation of effluent through
Valley outfall lines; and
WHEREAS , the previous Agreements and subsequent agreements between the
parties place certain limitations upon the number of taps that can be serviced by the
City, Valley and Columbine ; and
WHEREAS , it is the intent of the Parties to this Agreement to specifically allow for
an inclusion into Columbine of a residential development consisting of 77 taps which
shall be serviced by the Parties to Supplement No . 4 ; and
WHEREAS , Columbine Sanitation District recommends the inclusion of
approximately 40 acres into the Districts; and
WHEREAS , the zoning of this property is primarily residential and the proposed
use is to remain the same ; and
WHEREAS , said annexation of this additional parcel of land will not increase the
tap allocation to the Columbine Sanitation District; and
WHEREAS , the Englewood Water and Sewer Board recommended approval of
Supplement No. 4 to the Valley Sanitation District at the November 9 , 1999 meeting;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS:
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Section 1. The Agreement between the City of Englewood and Valley Sanitation
District and Columbine Water and Sanitation District entitled "Supplement No. 4, to
Connector's Agreement", which includes approximately 40 acres located south of West
Bowles Avenue and west of Middlefield Road in the town of Columbine Valley, is
hereby accepted and approved by the Englewood City Council. A copy of said
Agreement is attached hereto as "Exhibit 1" and incorporated herein by reference.
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 15th day of November,
1999.
Published as a Bill for an Ordinance on the 19th day of November, 1999.
Read by title and passed on final reading on the 6th day of December, 1999 .
Published by title as Ordinance No . 7d-, Series of 1999, on the 10th day of
December, 1999.
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 pass on final reading
and published by title as Ordinance No. 1.2:; Series of 1999.
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SUPPLEMENT NO. 4 TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
ENGLEWOOD , acting by and through its duly authorized Mayor and City Clerk, hereinafter
called "C ity"; VALLEY SANITATION DISTRICT, a Special District organized under the
statutes of the State of Colorado, hereinafter called ''Valley"; and t he COLUMBINE WATER
AND SANITATION DISTRICT, a Special District organized under the statutes of the State
of Colorado, hereinafter called "Co lumbine ."
WITNESSETH:
WHEREAS , the City and the predecessor in interest to Valley entered into an agreement
dated April 18 , 1955, and subsequent agreements, providing for the treatment of efflue.pt at
the City's sewage treatment plant; and
WHEREAS, the City , the predecessor in interest to Valley , and the predecessor in
interest to Columbine entered into an agreement dated April 18 , 1955, and subsequent
agreements, providing for the transport and treatment of effluent from an additional 800
taps by which the effluent is carried thrnugh Valley outfall lines to be treated by City's
sewage treatment plant ; and
WHEREAS , Valley and Columbine entered into an agreement dated Marcy 20 , 1956 , a nd
subsequent agi·eements , relating to the transportation of effluent through Valley outfall
lines ; and
WHEREAS , the above-referenced Agreements and subsequent agreements between the
Parties place certain limitations upon the number of taps that can be serviced by the City,
Valley and Columbine; and
WHEREAS , it is the intent of the Parties to this Agreement to specifically allow for an
inclusion into Columbine of a residential development consisting of 77 taps which shall be
serviced by the Parties to this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein
set forth , the p arties agree as follows:
1. IITL-LLC has petitioned Columbine for inclusion into Columbine of a residential
de velopme nt known as Brookhaven. If said petition is approved by the Arapahoe
County District Court, 77 tap s will need to be serviced by the Parties .
2. The City hereby consents to the inclusion into Co lumbine of the Brookhave n area
described in attached "Exhibit A".
A The City agrees that said additional area may be served with the sewer facili ties
of Columbine , and that the City will treat t he sewage discharged into the City's
trunk line from Brookhaven, all in accordance with previous agreements entered
into between the City and Columbine and specifically in accordance with the
Connector's Agreement between the City and Columbine dated February 23 ,
1989 .
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B. Each and every other portion of the previous agreements entered into between the
City and Columbine and the Connectors' Agreement dated February 23, 19 89,
shall remain unchanged.
3. Valley hereby consents to the inclusion into Columbine of the Brookhaven area
described in attached "Exhibit A".
A. Valley co n sents to allow t h e effluent of a maximum of 77 taps in Brookhaven to
pass through the Valley lines to t he City sewage treatment plant, all in
accordance with those previous agreements entered into between Valley a nd
Columbine , including but not limited to, those agreements dated March 20, 1956
and October 9 , 1968.
B. Valley shall receive a tap fee of $8 00 per tap as the taps come on line . ..
Columbin e shall collect said $800 in addition to Columbine's own water and'·
sewe r tap fee a nd fo r ward the $800 to Valley.
4. The City, Valley a n d Columbine agree that additional taps other than those taps
described above in Part I may connect to Columbine and that said taps will be served
by Valley and the City per the terms and co nditions set forth in the previous
agreements entered into b y and among the Parties. In no event will the total number
of taps to be served by Columbine through t he Valley outfall line and the City exceed
eight hundred (800), as set forth in said agreements. Tap fees to be paid by the owner
of t hese additional taps shall be in the amount charged by Columbine a n d Valley at
the time the tap begins service with Columbine. Columbine s hall collect Valley's tap
fees a nd forward them to Valley.
I N WITNESS WHEREOF, the parties h ave set their hands and seals this __ day of
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ATTEST:
City Clerk
[S eal]
CITY OF ENGLEWOOD , COLORADO
Mayor
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• VALLEY SANITATION DISTRICT
ATTEST: By~~-rei(i;nt .,..,
11 . v /iltld~
Secretary I
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COLUMBINE WATER AND SANITATION
DISTRICT ~----.c:;;. L-___
Secretary •
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Block 1, Lot 1
Block 2, Lot 1
Block 2, Lot 2
Block 3, Lots 1-29
Tract W
Tracts A-J
EXHIBIT A
Legal Description
Brookhaven at Columbine Valley, a part of the SW 114 of Section 17 and
NW 1/4 of Section 20 Township 5 South, Range 68 West of the 6th P.M.,
Town of Columbine Valley Replat of Columbine Valley North, County of
Arapahoe, State of Colorado.
PFK\52980\320377 .01
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Date
November 15, 1999
INITIATED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item
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Subject
Columbine Sanitation District
Supplement #4
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board, at their November 9, 1999 meeting, recommended Council
approval of a Bill for an Ordinance approving Columbine Supplement #4.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
A request was made by Columbine Water and Sanitation District and Valley Sanitation
District.
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The requested supplement area is in the Columbine District but the sewage is transported
through Valley Sanitation lines, so Valley Sanitation District approval is also required. •
The City of Englewood provides sewage treatment to a population of about 70,000 people
outside the City through contracts with numerous connector districts. By contract the City of
Englewood must approve any additions of land to be served by the districts. These are
usually in-fill situations that are within what the City considers to be the area it has committed
to serve. Adequate capacity has been provided in the treatment plant to accommodate all
such future inclusions. Annexation of this parcel of land will not increase the tap allocation to
the Valley or Columbine Sanitation Districts.
The landowner, HTL-LLC, is requesting inclusion into the Columbine Water and Sanitation
District and Valley Sanitation District. Supplement #4 is for 77 taps for a residential
development consisting of 29 custom home sites , 46 patio homes and one for the Columbine
Town Hall, all located on approximately 40 acres. The legal is attached as Exhibit A. The
property is located south of West Bowles Avenue and west of Middlefield Road in the Town of
Columbine Valley. The name of the development is Brookhaven at Columbine Valley.
FINANCIAL IMPACT
None .
LIST OF ATTACHMENTS
Bill for Ordinance
Supplement #4 to the Connector's Agreement •