HomeMy WebLinkAbout2001-11-13 WSB AGENDAWATER & SEWER BOARD
AGENDA
Tuesday, November 13, 2001
CITY COUNCIL CHAMBERS (2ND FLOOR)
**** PUBLIC MEETING 5:00 -6:30 P.M. ****
RE: CITY DITCH -NORTH OF HAMPDEN
1. MINUTES OF THE OCTOBER 9, 2001 MEETING. CATT. 1)
2. MUNICIPAL CODE CHANGE-LIFT STATIONS. CATT. 2)
SERVICE PIPE SPECIFICATIONS, MATERIALS, CURB STOP, SEWER
CONNECTIONS & REPAIRS, NEW CONSTRUCTION OVER EXISTING
SEWER SERVICE LINES CATT. 3).
3. CITY DITCH LICENSE AGREEMENT-5200 S. PRESCOTT. CATT. 4)
4. REQUEST FROM CHERRY HILLS VILLAGE FOR SEWER MAINTENANCE
AGREEMENT FOR CHERRYVALE AND CHERRYMOOR SANITATION
DISTRICTS . CATT. 5)
5 . OTHER.
NOTICE!
TO PROPERTIES ADJACENT TO
ENGLEWOOD'S CITY DITCH
There will be a Public Meeting on Tuesday, November 13, 2001at5:00
p.m. in the Englewood City Council Chambers at the Englewood Civic
Center (2nd Floor) to review and discuss piping versus keeping the City
Ditch an open waterway.
Due to the T-R.ex Project, Denver has opted to abandon the City Ditch in
Englewood north of Hampden. The Utilities Department will present
potential options for the future of the City Ditch in this area.
Property owners along the ditch, in adjacent ditch areas that are open or
piped, are invited to attend to discuss options and present feedback and
questions.
If you have any further question s , please call Cathy Burrage at 303-762-
2636.
WATER AND SEWER BOARD
MINUTES
October 9, 2001
A T T. I
The meeting was called to order at 5:05 p.m.
Members present: Bums, Cassidy , Otis, Kasson , Higday
Members absent: Wolosyn , Clark, Bradshaw, Habenicht
Also present as a guest: Englewood Councilman Mike Yurchick
1. MINUTES OF THE AUGUST 14, 2001 MEETING.
The Englewood Water and Sewer Board Minutes from the August 14 , 2001 meeting were
approved as amended.
Mr. Otis moved:
Mr. Cassidy seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To approve the August 14, 2001 Englewood
Water and Sewer Board Minutes as
amended.
Bums, Cassidy, Otis , Kasson, Higday
None
Wolosyn, Clark, Bradshaw, Habenicht.
2. VALLEY WATER DISTRICT BOARD RESIGNATION.
The Board received notice from Dugan Comer, Englewood Assistant City Attorney that
the Board of Directors of the Valley W ater District has resigned. Based on applicable
law, the City of Englewood and the City of Littleton must appoint a Board to oversee the
District. Stewart Fonda of the City of Englewood and Charlie Bloston of the City of
Littleton may be appointed to act as the Board of the Valley Water District.
3. CENTENNIAL WATER & SANITATION DISTRICT:
TWO EASEMENT AGREEMENTS AND A QUIT CLAIM DEED
TWO LICENSE AGREEMENTSAND TWO TEMPORARY CONSTRUCTION
EASEMENTS.
The Water Board received two grants of easements to allow Centennial to construct a
new pipe parallel to Englewood's existing raw water line. The proposed easements will
allow construction of a raw water line that will allow Centennial to pump more of their
raw water allocation into McLellan. This will provide a back up line if Englewood's line
is disabled due to maintenance or breakage. The proposed quit claim deed transfers
12,800 square feet or .294 acres to more an easement twenty feet (20') farther away from
the shoreline of McLellan Reservoir.
Centennial Water and Sanitation District also submitted two sets of license agreement
with construction agreements. The firs t set consists of a license agreement and a
construction agreement to install a 48" ductile iron pipe and a 72" steel casing within and
across the City Ditch right-of-way. This is for the Centennial raw water line from their
new lake by the South Platte River. This line will be used to pump raw water to
McLellan Reservoir. The steel casing is to encase the 48" pipe under Santa Fe Blvd., the
railroad tracks and the City Ditch easement. The construction agreement will enable
Centennial to use a portion of the City Ditch easement for construction purposes.
The Englewood City Attorney has reviewed and approved the documents.
Mr. Kasson moved:
Mr. Otis seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To approve the two easement agreements
and the Acceptance of a Quit Claim Deed
from Centennial Water & Sanitation
District.
Burns, Cassidy, Otis, Kasson, Higday
None
Wolosyn, Clark, Bradshaw, Hahenicht.
The second set of documents will allow Centennial to install a 48" ductile iron pipe,
which will be used to release water back into the South Platte River. The construction
agreement will enable Centennial to use a portion of our easement for construction
purposes .
Mr. Higday moved:
Mr. Otis seconded:
Ayes:
Nays:
Members absent:
Motion carried.
4. CHLORAMINE NOTICE.
To approve the two license agreement and
two temporary construction easements from
Centennial Water & Sanitation District.
Bums, Cassidy, Otis, Kasson, Higday
None
Wolosyn, Clark, Bradshaw , Habenicht.
The Board received a copy of the notice that will be sent to fish owners, kidney dialysis
patients and other Englewood water customers affected by the usage of chloramines as a
residual disinfectant.
5 . NESTLER SETTLEMENT.
Stu reviewed the proposed settlement for the Nestler and Devon vs. City of Englewood
suit. The Consent Decree has been reviewed and is being recommended by David
Broughham of Hall and Evans. The settlement outlines that both the City and Mr. Nestler
can continue to use the land as they always have. The City would place a fence along the
City Ditch right-of-way, parallel to Mr. Nestler's northern property boundary. All other
issues regarding ownership rights would be reserved .
Mr. Otis moved ;
Mr. Higday seconded:
Ayes:
Nays:
Members absent:
To recommend Council approval of the
consent decree proposed by Mr. David
Brougham for Nestler and Devon vs. City of
Englewood.
Bums, Cassidy , Otis , Kasson , Higday
None
Wolosyn, Clark, Bradshaw, Habenicht
Motion carried.
6. MUNICIPAL CODE CHANGE-LIFT STATIONS.
The existing municipal code allow s lift stations allows in the Englewood collection
system but does not regulate the stations themselves . Sewage lift stations can produce
odors, require maintenance and, if they malfunction, can produce sewer system overflows
which are subject to fines from the EPA. The Utilities Department is proposing to revise
the municipal code to regulate construction and placement of sewer lift stations to
minimize odors and the risk of sewer system overflows. The revision would provide a
consistent set of standards for future sewage lift station construction. Changes require lift
stations to be built either inside the stru cture served serve or outside with odor and sewer
system overflow controlling features.
It was recommended to table the motion until a future meeting so the code change can be
discussed with other members of the Water Board .
Mr. Kasson moved;
Mr. Cassidy seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To table the motion to change the
Englewood Municipal Code regarding
sewage lift station construction on the
Englewood sewage system ..
Burns, Cassidy, Otis, Kas son, Higday
None
Wolosyn , Clark, Bradshaw, Habenicht
7. SOUTHGATE SUPPLEMENT #151.
A request was made by the Southgate Sanitation District representing the owner, Michael
L. & Marilyn J . Manco-Johnson, for inclusion into the Southgate Sanitation District.
Supplement #151 is for the East l/2 of Tract 281, South Denver Gardens, Arapahoe
County. The lot has a R-1 Residential Zoning with no proposed change on 2.3 acres.
The property is located at 5615 S. Colorado Blvd.
Mr. Cassidy moved;
Mr. Kasson seconded:
Ayes:
Nays:
Members absent:
Motion carried .
To recommend Council approval of
Southgate Supplement # 151 for inclusion of
2.3 acres owned by Michael L. and Marilyn
J. Manco-Johnson.
Bums, Cassidy, Otis, Kasson, Higday
None
Wolosyn, Clark, Bradshaw, Habenicht
8. SEWER TAP AGREEMENT WITH EXTENDED ST A Y AMERICAN HOTEL.
Extended Stay American Hotels submitted for Council approval the Hotel Sewer Tap
Agreement for their proposed 109-unit hotel to be built at 8752 S . Yosemite. The
proposed agreement has been reviewed and approved by Englewood's City Attorney.
Tap fees in the agreement total $81 ,750.
Mr. Kasson moved;
Mr. Cassidy seconded:
Ayes:
Nays:
Members absent:
Motion carried .
To recommend Council approval of the
Sewer Tap Agreement with Extended Stay
American Hotel for a 109-unit hotel to be
built at 8752 S . Yosemite St.
Bums, Cassidy, Otis , Kasson, Higday
None
Wolosyn , Clark, Bradshaw, Habenicht
9. CITY DITCH -DENVER'S PORTION NORTH OF HAMPDEN.
Due to the T-Rex Project, Denver has opted to abandon the City Ditch in Englewood
north of Hampden. There will be a public meeting on November 13 , 2001 , during the
November Water Board meeting to review and discuss piping versus keeping the City
Ditch an open waterway. Property owners along the ditch, in adjacent ditch areas that are
open or piped, will be invited to attend to discuss options and present feedback.
Mayor Bums requested a map of the City Ditch in Englewood be presented at the next
meeting.
10. SECURITY.
Stu discussed steps that have been taken to protect Englewood's water sources. The
activated carbon filter process, the Jocked storage reservoirs, the motion detectors on the
elevated tanks and bounties paid for illegal use of fire hydrants are all security measures
that have been put in place.
/
The meeting adjourned at 6:00 p.m.
The next Water and Sewer Board meeting will be November 13 , 2001 at 5:00 in the Civic
Center Council Chambers.
Respectfully submitted,
Cathy Burrage
Recording Secretary
Date
November 5, 2001
INITIATED BY
Utilities Department
A IT. 2
COUNCIL COMMUNICATION
Agenda Item Subject
Municipal Code 12-2-4:
"Private Sewers,
Connections and Repairs"
Revision regarding Lift
Stations.
STAFF SOURCE
Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
The Englewood Water and Sewer Board at their October 9, 2001 meeting recommended
Council approval by Ordinance of the changes to Municipal Code 12-2-4: Private Sewers,
Connections and Repairs regarding lift stations.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The existing municipal code regarding lift stations allows them in the Englewood collection
system but does not regulate the stations themselves. Sewage lift stations can produce
odors, require maintenance and if they malfunction, can produce sewer system overflows
(SSO's), which are subject to fines from the EPA.
It is proposed to revise the municipal code to regulate construction and placement of sewer lift
stations to minimize odors and the risk of SSO's. This revision would provide a consistent set
of standards for future sewage lift station construction. Changes require lift stations to be built
either inside the structure they serve or ou tside with odor and SSO controlling features .
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Municipal Code
Ordinance
12-2-4: Private Sewers, Connections and Repairs.
A. Buildings to Have Sep arate Connections. Each building
shall be served by its own sewer service line,.
B. Old Private Sewers. Old private sewers may be used in
connection with new buildings only when they are found
C. Design and Construction. The size, slope, alignment,
and materials of construction of a private sewer, and
D. Private Lift Stations Bower Slmi:ation. Sewage lift
stations shall be prohibited except in ft±± structures
where it can be clearly demonstrated to the
satisfaction of the City Manager or his representative
that the sewer discharge pipe cannot be located to
allow io too low to perffiit gravity flow to the public
sewer. ~anitary sewage discharge from such structure~
shall be lifted and d ischarged to the sewer by a City
and Tri Count)' Health Departffient approved facility f2y
means of a sewage lift station that shall be located
inside the building to be served, which sewage lift
station shall be owned, operated and maintained by the
user. Sewage lift stations may be located outside
buildings only with the approval of the Water and Sewer
Board after submission of compelling evidence that no
alternative arrangement is or was possible. Outside
building lift stations approved by the Water and Sewer
Board must have bolt-down, gasketted lids, vents that
extends above the building roofline, and water tight
containment structures with top, rim elevations that
extend at least six inches (6" ) above the rim
elevation of the nearest toilet bowl. Furthermore, the
property owner shall enter into an agreement with the
City of Englewood, which agreement shall bind the owner
and all future successors and assigns, whereby, should
the lift station overflow, the City shall be held
harmless and indemnified against all State and Federal
fines, penalties and legal actions.
E. Installation and Maintenance. All costs and expenses
incidental to the installation and connection of the
AT-1. 3
DRAFT
BY AUTHORITY
ORDINANCE NO.
SERIES OF 2001
COUNCIL BILL NO.
INTRODUCED BY COUNCIL
MEMBER~~~~~~~
A BILL FOR
AN ORDINANCE AMENDING TITLE 12 , CHAPTER lB , SECTIONS 4 , 5 , 6 AND 7;
TITLE 12 , CHAPTER 1, SECTION 4 AND TITLE 12 , CHAPTER 2, SECTION 4,
PERTAINING TO
WHEREAS ,
; and
WHEREAS ,
; and
WHEREAS ,
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS:
Section 1. _The City Council of the City of Englewood , Colorado hereby amends Title
12 , Chapter lB, Sections 4, 5, 6, and 7, of the Englewood Municipal Code 2000 , to
r e ad as follows:
12-lB-4: Service Pipe Specifications.
A. Specifications of Service Pipe: Each service pipe must be of the following
specifications :
1 . Copp er Pipe: All service pipe &om the main to the J'H'opePty line shall
be not less than Type "K" soft copper tubing conforming to standard
specifications.
~-Gast Iron Pipe: Cast ll-on pipe shall be Class HiO eentt'ifugally east.
-3-. Galvanieed Pipe: Galvani>5ed pipe installations ape pePmissible &om
the pt'operty line into and thl'ough pt'emises .
4. Black Pipe: The use of black pipe in installations is pPohibitcd .
& _2. Serv ic e Pipes: Service pipes shall extend into the premises or riser as
specified, and in no ca s e shall be smaller than three-fourths inch
(3/4") diameter. All sillcocks, faucets or hydrants used for irrigation
-1-
purposes shall be fed through a three-fourths inch (3/4") pipe or
larger.
&;2. Other materials may be used only upon the express approval of the
City .
B. ~Placement of Service Pipe: All service pipes must be laid at least five
feet (5') below the established grade of the street in which they shall be laid
and in all places at least five feet (5') below the surface of the ground. All
service pipes shall be located such that there is a five foot (5') minimum
horizontal and an eighteen inch (18") minimum vertical separation from all
other underground utilities including, but not limited to. sewer pipes. gas
pipes, electrical, telephone and other cables . All plumbing shall be so
installed and of such material as to withstand safely the perils surrounding
their condition of operation and use .
12-lB-5: Materials Purchased from City.
In the case of permanent connections to the mains of the City water system,
or the transfer of service from glat rate water to metered water. the applicant shall
purchase from the City the following materials:
A. The Tapping Saddle and corporation stop by which connection is
made to the main, and the Curb Stop Valve.
B. Water meter and Radio Frequency Encoder Receiver Transmitter,
and Meter Yoke and Pit when required.*
*See Section 12-lA-4 ofthis Chapter.
12-lB-6: User to Provide Curb Stop.
Every owner of property using water shall provide a curb stop with a ball valve on
the service pipe outside of his/her premises protected by a valve -siep-box, by means
of which the water may be turned on or off from the premises by any employee of the
City, and shall maintain the same in good working order. In the case of properties
where the domestic water supply is connected to a fire line. the domestic water
connection to the fire line shall be at property line and both the fire line and the
domestic water service shall be protected with curb valves by which the two services
may be shut off independently at propertv line. The valve -siep-box shall be so
maintained that at all times it will be conveniently accessible in good order for
turning water on and off with the cover at the level of the adjacent ground. If City
personnel are required to clean out a property owner's valve -siep-box, for whatever
reason, either at the request of the property ownerfor an emergency or for a
delinquent turn-off, a fee of thirty dollars ($30.00) shall be due and payable by the
property owner and shall be billed to the property by the City within thirty (30) days
after the service has been performed.
-2-
12-lB-7: Number of Users on Service Restricted.
A. More Than One Premises To A Service Connection Prohibited: Each premises
or property or buildinglli) situated on a premises or property in a manner
which would allow the premises or property to be subdivided and the
building~ sold separately shall be served by a separate service connection
directly to the nearest main without crossing i;he other adjoining premises or
pl'opcl'ty properties and with separate curb stops involving only one account
when water is turned on or shut off. Extension of service to another premises
or building from an existing service connection is prohibited and shall be
subject to shutoff without the City being liable for any damage. Exceptions to
this requirement may be granted by the City Manager or designee with the
concurrence of the Water and Sewer Board upon a review of a written request
of the property owner, in which the property owner illustrates with both
written and graphic descriptions, why the exception should be granted.
Existing premises, properties or buildings which do not conform to this
requirement may maintain their service connection configurations unless and
until such time, in the opinion of the City Manager or designee with the
concurrence of the Water and Sewer Board, the service must be separated.
B . Two Or More Users On Same Service Line: In case two (2) or more users are
supplied from the same servi ce line , if any of the parties fail to pay the water
cha rges when due, or to comply with any rule of the City , the City reserves
the right to shut off the water to the whole service until such charges are
paid, or the rules strictly complied with, and it is expressly stipulated that
no claim for damage or otherwise may be made against the City by any user
whose water charges have been paid or who has complied with the rules of
the City, because of s uch turnoff, it being expressly stipulated that the
necessity for such shut off shall be deemed to be the joint act of all served
through such service.
Section 2 . The City Council of the City of Englewood , Colorado hereby amends Title
12 , Chapter 1 , Section 4, of the Englewood Municipal Code 2000, to read as follows:
12-1-4: Work to be Done by Plumbers 61' Df'ainlayef's.
All work on water pipes or fixtures which are connected to the City's potable water
distribution system and which are located from the curb stop to a point one foot (l')
inside the building shall be accomplished by a licensed plumber Of' df'ainlayer under
bond to the City.
Section 3 . The City Council of the City of Englewood, Colorado hereby amends Title
12, Chapter 2, Section 4, Subsection A and the addition of a new Subsection K, of the
Englewood Municipal Code 2000, to r ead as follows:
12-2-4: Private Sewers, Connections and Repairs.
A. Buildings to Have Separate Connections. Each premises . property or
building(s) situated on a premises or property in a manner which would
allow the premises or property to be subdivided and the building(s) sold
-3-
separately shall be served by its ov1n sevt'ffr service line , A separate service
connection directly to the nearest main without crossing other adjoining
premises or properties,=and no connection shall be made by extending the
service from one property. premises or building to another property. premises
or building. Each separate building in a planned unit development shall
have a separate sewer service line. Exceptions to this requirement may be
granted by the City Manager or disgnee with the concurrence of the Water
and Sewer Board upon a review of a written request of the property owner. in
which the property owner illustrates with both written and graphic
descriptions. why the exception should be granted. Existing premises.
properties or buildings which do not conform to this requirement may
maintain their service connection configurations unless and until such time.
in the opinion of the jCity Manager or designee with the concurrence of the
Water and Sewer Board, the service must be separated.
B. Old Private Sewers. Old private sewers may be used in connection with new
buildings only when they are found to meet all requirements herein and
solely at the risk of the user ; otherwise, old private sewers shall be plugged
at the user's expense upon di scontinuance of service . The plug in the old
private sewer must be inspected and approved and a plan review and
inspection fee will be charged by the City .
C. Design and Construction. The size , slope , alignment, and materials of
construction of a private sewer, and the methods to be used in excavating,
placing of pipe, jointing, testing, and backfilling the trench and all other work
shall conform to the requirements of the Building and Plumbing Code or
other applicable codes , laws , rules and regulations of Federal, State , and
local entities .
D. Private Sewer Elevation. In all structures where the elevation is too low to
permit gravity flow to the pub lic sewer, sanitary sewage discharge from such
structure shall be lifted and discharged to the sewer by a City and Tri-
County Health Department approved facility which shall be operated and
maintained by the user.
E. Installation and Maintenance. All costs and expenses incidental to the
installation and connection of the private sewer shall be borne by the
applicant who shall retain or employ a licensed sewer contractor or plumber
to make connection to and ins tall a sewer.
The service line from the public sewer main line to the structure to be served shall be
installed by the property owner at his/her expense. The owner shall hold the City
harmless for any loss or damage that may directly or indirectly be occasioned by the
installation of the service line or the malfunction of any old private sewer.
The owner of any property connecting to the POTW shall be responsible for the
maintenance of the service line from t he public sewer to the structure to be served.
The owner shall keep the service line for which he/she is responsible in good
condition and shall replace at his/her expense any portions thereof which, in the
opinion of the City, have become damaged or disintegrated as to be unfit for further
-4-
use, or is in such condition to permit infiltration into the system. All repairs shall be
completed within thirty (30) days after notification and shall be completed by a
bonded contractor. The owner shall be responsible for returning the public right-of-
way and the street to acceptable City standards.
F. Oil And Grease Interceptor Installation:
1. Grease Interceptor Installation Criteria: Grease trap interceptors are
required for all facilities used and operated regularly for the sale of
prepared food, including but not limited to restaurants , cafes, fast
food outlets, pizza outlets, delicatessens, sandwich shops and any
and all other kinds and types of food vending establishments in
which any food preparation (including heating or defrosting in or by
means of any kind of oven or heating device) takes place on the
premises, whether or not such facilities are located in a separate
building or structure or occupy space in a building or structure that is
occupied by other businesses , as well as schools, churches,
boardinghouses with communal kitchen facilities, nursing homes,
and day care centers which have kitchens and engage in the
preparation of food. In addition, meat cutting facilities and others
capable of discharging significant amounts of grease into the POTW
shall be required to install grease interceptors. The exception shall
be those fa cilities grante d a variance by the City with the approval of
the Water and Sewer Board. Grease interceptors shall not be
required for private residences or dwellings unless there are
commercial uses within the dwellings that generate amounts of
grease beyond that generated by a residential dwelling.
2 . Grease Interceptor Sizing Criteria: The City shall promulgate rules,
regulations and criteria for grease interceptor sizing.
3. Inspection of Gr ease Interceptors: The City shall establish an
inspection program for grease interceptors. The City shall develop
rules and regulations to inventory all grease interceptors and
document the inspecti ons of these interceptors.
4. Gr ease Interceptor Pumping Schedules: All users connected to grease
interceptors will be required to pump out their interceptors at
intervals determined in rules, regulations and criteria promulgated
by the City.
5. Biological Treatment: Biological treatment shall not be a substitute
for the pumping of the grease interceptor.
6 . Existing Sources Not Connected to Grease Interceptors: Existing
sources not connected to grease interceptors and which contribute
significant amounts shall be identified through inspection of the
collection systems. Once these sources are identified, they will be
required to implement best management practices (BMP's) to keep
oil and grease out of the POTW . The City shall promulgate rules,
regulations and criteria for BMP's.
If the BMP's are not successful at the facility and the facility
continues to contribute significant amounts of oil and grease to the
-5-
sanitary sewer, as documented by field inspections, then the facility
will be required to install an adequately sized grease interceptor.
7. Right of Entry: Whenever it is necessary to make an inspection to
enforce any provisions of this Section, or whenever the City believes
that there exists in any premises subject to this Section any condition
or violation with regard to the use and maintenance of oil and grease
interceptors, the City personnel may enter such premises to inspect
the same provided that proper credentials be presented and request
and be granted entry, or otherwise have grounds for a search warrant
exception as may be authorized by law. If requested entry be refused,
[the] City shall have recourse to every remedy provided by law to
secure entry , including an issuance of an administrative warrant
from the Municipal Court or from the District Court of the State of
Colorado having juris diction .
G. Permit Required. Before commencement of construction of a private sewage
disposal system, the owner shall first obtain a written permit signed by the
City.
H. Connection Requirement:
1. The applicant for the private sewer permit shall notify the City when
the private sewer is r e ady for inspection and connection to the public
sewer. The applicant must have secured a permit and have met all
City requirements. The connection shall be made under the
supervision of the City 's representative.
2. The owner of any structure used for human occupancy, employment
or activity, situate wit hin the City, may be required at such owner's
expense to connect such structure to a public sewer, if such a public
sewer is within four hundred feet (400') of the property line of the
property upon which the structure is located. Such connection shall be
made within ninety (90) days after notice from the City is served on
the owner of the property affected ; provided, however , that in the
event compliance with this subsection causes severe economic
hardship to said person, he/she may apply to the City for exemption
from this subsection. Such applications shall state in detail the
circumstances which are claimed to cause such economic hardship.
Such exemptions shall only be granted to residential users, shall not
apply to other users, a nd shall be granted only for such time as the
demonstrated hardship exists .
Service shall be considered complete upon delivery of the notice to the
owner of the property or by posting a copy of the notice on the
property in question in a conspicuous place and by mailing a copy of
such notice , registered mail, to the record owner of the property as
disclosed and at the address shown in the current records of the
Arapahoe County Asse ssor.
3. If a public sewer is not available within four hundred feet ( 400') of
the property line of tht property upon which a house or building is
located, a private sewage disposal system constructed in accordance
-6-
with applicable regul ations of the Health Department shall be
utilized to dispose of sewage.
4. In cases where a public sewer was not previously available within
four hundred feet ( 400') of the property line of a property but a public
sewer later becomes available within such distance, the owner may
be required to connect with the public sewer as provided in
subsection H2 above . In such event, after the connection is
completed, the private sewage disposal system shall be emptied,
cleaned and filled with sand or dirt.
5. It shall be unlawful for any person to deposit or discharge, or to
cause to be deposited or discharged, to any wastewater collection
facilities any solid or liquid waste unless through a connection
approved by the City.
I. Damage To POTW. Any person who maliciously, willfully, or negligently
breaks, damages , destroy s , uncovers, defaces , or tampers with any structure,
appurtenance or equipment which is part of the POTW s hall be subject to
such action and penalty a s provided in Section 12-2-6 of this Chapter.
J. Septic Wa ste Fees And Charges . The wastewater or septic tank waste hauler
permit fee shall be one hundred dollars ($100 .00). User charge for disposal of
hauled wastewater or septage shall be six cents ($0 .06) per gallon.
K. New construction Over Existing Sewer Ser vice Lines: If a property owner
wishes to build a new, permanent structure over an existing sewer service
line. whether the structure is attached to an existing structure or
unattached, the sewer service line shall be relocated awav from the new
structure, or the s ervice line will be replaced with pipe material approved for
use inside a guilding. If the location of an existing sewer service line is
unknown, it shall be the property owner's responsibilitv to determine, bv
whatever means necessary , the location of the service line to the satisfaction
of the City of Englewood.
Section 4. Safety Clauses. The City Council hereby finds , determines , and
declares that this Ordinance is promulgated under the general police power of the
City of Englewood, that it is promulgated for the health, safety, and welfare of the
public, and that this Ordinance is necessary for the preservation of health and safety
and for the protection of public convenience and welfare. The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Section 5 . Severability. If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of competent jurisdiction invalid, such judgment shall
not affect, impair or invalidate the remainder of this Ordinance or it application to
other persons or circumstances.
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Section 6. Inconsistent Ordinances. All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of such inconsistency or conflict.
Section 7 . Effect ofrepeal or mo dification. The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify , or change in whole or in part any penalty, forfeiture , or
liability, either civil or criminal, which shall have been incurred under such provision,
and each provision shall be treated and held as still remaining in force for the
purposes of sustaining any and all proper actions , suits, proceedings , and
prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for
the purpose of sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actions, suits, proceedings, or prosecutions .
Section 8 . Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to
each and every violation of this Ordinance.
Introduced, read in full , and passe d on first reading on the __ day of
________ , 2001.
Published as a Bill for an Ordinance on the __ day of ________ _
2001.
Thomas J. Burns, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read
in full, and passed on first reading on the __ day of __________ _
2001.
Loucrishia A. Ellis
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Date
November 19, 2001
INITIATED BY
Utilities Department
A 7 7. Lf
COUNCIL COMMUNICATION
Agenda Item Subject
City Ditch License
Agreement for 5200 S.
Prescott
STAFF SOURCE
Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
The Englewood Water and Sewer Board recommended Council approval at their November
13, 2001 -neeting of the City Ditch License Agreement from the City of Littleton for 5200 S.
Prescott St.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
A license agreement was submitted by the City of Littleton for an 18" piped storm sewer
crossing at the 5200 block of South Prescott Street at Littleton's Servicenter site. Littleton is
installing curb, gutter and a catch basin along Prescott. The 18" catch basin pipe will go under
Englewood's City Ditch and into to their existing storm system.
The Licensee expressly assumes full and strict liability for any and all damages of every nature
to person or property caused by the point or points where the Licensee performs any work in
connection with the crossing provided by the Licensee . The City reserves the right to make
full use of the property necessary in the operation of the City Ditch. The City retains all rights
to operate, maintain, install, repair, remove or relocated any of its' facilities located within the
City's right-of-way.
Englewood's City Attorney has reviewed the license agreement.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Ordinance
License Agreement
LICENSE AGREEMENT
TIIlS AGREEMENT, made and entered into as of the day of ____ _
,2001, by and between the CITY OF ENGLEWOOD, a municipal corporation of
Colorado, hereinafter referred to as "Englewood" and the City of Littleton, a municipal
corporation of Colorado, whose address is 2255 W. Berry Ave., Littleton, Colorado
80165, hereinafter referred to as "Licensee",
WITNESSETH: Englewood without any warranty of its title or interest
whatsoever, hereby authorizes Licensee, its successors and assigns, to install, repair and
maintain a storm sewer pipe across Englewood's right-of-way for the City Ditch,
described as a parcel of land situated in the Northwest Vii of Section 16, Township 5
South, Range 68 West of the 6th Principal .\1eridian, County of Arapahoe, State of
Colorado, depicted upon Exhibit A attached hereto and made a part hereof.
1. Englewood shall have the right to maintain, install. repair, remove or relocate the
City Ditch or any other of its facilities or installations within Englewood's Right-
of-Way, at any time and in such manner as Englewood deems necessary or
convenient. Englewood reserves the exclusive right to control all easements and
installations. In the event the storm sewer pipe should interfere with any future
use of Englewood's Right-of-W ay by Englewood, the Licensee shall, upon
request and at its sole expense, relocate, rearrange, or remove its installations so
as to not interfere with any such use .
2. Any repair or replacement of any Englewood installations made necessary, in the
opinion of Englewood's Director of Utilities becJ.use of the construction of the
storm sewer pipe or other appurtenant installation thereof, shall be made at the
sole expense of the Licensee.
3. The rights and privileges granted in this License shall be subject to prior
agreements, licenses and/or grJ.ntS, recorded or unrecorded, and it shall be the
Licensee's sole responsibility to determine the existence of said documents or
conflicting uses or installations.
4. The Licensee assumes all responsibility of maintenance of the storm sewer pipe.
5. It is expressly agreed that in case of Licensee's breach of any of the within
promises, Englewood may, at its option, have specific performance thereof, or sue
for damages resuiting from said breJ.ch.
6. Upon abandonment of any right or privilege herein granted, the right of Licensee
to that extent shall terminate.
7. In granting the above authorization, Englewood reserves the right to make full use
of the property involved as may be necessary or convenient in the operation of the
water and irrigation ditch and system under the control of Englewood.
8. Any construction contemplated or performed under this License shall comply
with and conform to standards formulated by the Director of Utilities of
Englewood and such construction shall be performed and completed according to
the plans approved by Englewood.
9. The Licensee shall notify Englewood's Director of Utilities at least three (3) days
prior to the time of commencement of the construction of, or any repairs made to,
Licensee's storm sewer pipe so that Englewood may, in its discretion, inspect
such operations.
10. Within thirty (30) days from the date of commencement of construction of said
storm sewer pipe , the Licensee shall complete such construction, place and
maintain permanent, visible markers, of a type and such and at such locations as
designated by Englewood's Director of Utilities, referring to the centerline of the
installation and shall cleJ.r the crossing area of all construction debris and restore
the are to its previous condition as near as may be reasonable. In the event the
placing of the centerline mar kers and the clearing and restoration of the crossing
area is not completed within the time spec ified, Englewood may complete the
work at the sole expense of the Licensee.
11. The stipulation and conditions of this License shall be incorporated into contract
spec ifications if the construction herein authorized is to be done on a contract
basis.
IN V/ITNESS WHEREOF , this instrument has been executed as of the day and year first
above wrinen.
APPROVED:
Stewart Fonda
Director of Utilities
APPROVED AS TO FO&VI:
~I~ City Attorney
CITY OF ENGLEWOOD,
Acting through and by its
Water and Sewer Board
Chairman
LICENSEE:
CITY OF LIITLETON
By: Susan Thornton, Mayor
NW 1/4 SECTION 16, TOWNSHIP 5 SOUTH, RANGE 68 WEST 6th P tv1
N
CITY OF ENGLEWOOD
EXHIBIT A
Sheet 1of1
W BELLEVIE W A VE
N LI~ NW t/• S£C 16 N s9 ·43·oo·w
N53"05"0 4 '"W
25.88'
s21 ·ss·oa··w
20.70 °
PROPOSED
STORM SEWER
BASIS OF BEARING
Bearings are based on the north
line of the northwest quarter of
Section 16 being N89"43'00'"W.
I
I
EX ISTING 01 TCH
ELEVATION 96 .00
I EXISTING GROUND : "'""" ""\
I /$9)):(/A 0/-0 '\' >>: . -!~» /'< ~/ PROPOSED 48 "
ELEVATION 95.19
CITY OITCH
I
EXISTING GROUND I
I ~""°' >00.00 : ~
~ 8 ~~~-0'~
fl) I ~
I
I
PROPOSED 18" STORM SEWER
I I
NE CO R.
NW 1/4
SEC 16
PROFILE
NO SCALE CITY OF ENGLEWOOD
DA TE: AUG . 21 2001
SCALE : 1" : 20' C AD REL1 4
11-97-91 16:42 MAYS AND VALENTINE 10•8946972379 A / !,. 5
November 7, 2001
Stu Fonda
City of Englewood
Aquasan Network, Inc.
45 Mule Deer Trail
Littleton, Colorado 80127-5790
(303} 932-6910
Re: Cherryvale and Cherrymoor Sanitation Districts
Dear Mr. Fonda :
VIA FACSIMILE
(303) 783-6894
As authorized agent of the City of Cherry Hills Village, I respectfully request the inclusion of
Cherryvale and Cherrymoor Sanitation Districts into the service area of our total service
agreement with the City of Englewood. Aquasan Network, Inc. represents the City of Cherry
Hills in regards to consolidation of the water and sanitation districts within the City of Cherry
Hills Village.
Thank you for your consideration in this matter. If you have any questions or need clarification
regarding this request, please contact me.
Sincerely,
C~Tudarob
President
I "
NOV 07 2001 10:3?AM HP LASERJET 3200 p.2
Ci-ty of Littleton Council Communication
Date Agenda No. Subject
11/06/01
Initiated By:
Action Proposed:
Presented Bv:
INTRODUCTION . ,, .. ..f:
. .Jl-: L'!.,. .• :'•,.
Resolution Authorizing License Agreement with the City of Englewood to
Construct a Storm Sewer within the City Ditch Property Located in the 5200
6 block of South Prescott Street
Staff
Approve Resolution Authorizing License Agreement with City of Englewood
Charles Blosten, Public Services Director
The purpose of this Communication is to present to Council a Resolution authorizing a License Agreemen t with
the City of Englewood. Colorado ro construct , utilize, maintain, repair and replace an 18" storm sewer with.in and
across the City Ditch property located in the 5200 block of South Prescott Street (see attached map) ..
filSTORYANDFACTS
The City of Littleton desires to construct curb and gutter along the west side of the 5200 block of South Prescott
Street, adjacent to the Littleton Service Center property. This location is also adjacent to the City Ditch, which is
owned and operated by the City of Englewood. Presently, stonn drainage runoff from this area drains into the City
Ditch, which is a drinking water supply facility for Englewood. Storm drainage runoff normally contains variable
amounts of sediment and other pollutants, such as oil, metals and fertilizers from lawns. This runoff can affect
drinking water quality. Also, the Cjty Ditch is not large enough to handle the volume of storm drainage from heavy
storms. For these reasons, Englewood has taken the position when construction occurs in areas adjacent to the City
Ditch, any storm drainage runoff must be removed from the City Ditch.
The City Ditch was constructed in the 1860's. The City Ditcb has a 25 foot wide right of way which precludes all
other adjacent property rights. Englewood, as the present owner of the City Ditch, requires a License Agreement
for any facilities within their right of way. An 18 '' storm sewer pipe is proposed to be built as part of the curb and
gutter construction to remove storm drainage runoff from the City Ditch: therefore the need for this License.
FINANCIAL DETAILS
There is no fee for this License Agreement.
LEGAL OPINION
The City Attorney has reviewed and approved as to form both the Resolution and the License Agreement.
CONFLICTS AND/OR COMPUCATIONS
If the License Agreement is not approved, construction of curb and gutter in rhe 5200 block of S-Outh Prescott Street
cannot take place. This street is-adjacent to the Littleton Service Center property, and appears unfinished.. The
United States government has recently passed more stringent standards for drinking water, and removal of this storm
drainage runoff from the City Ditch would assist the City of Englewood in meeting those requirements.
NOV 07 2001 10:37AM HP LASERJET 3200 p.3
11/06101
Resolution Authorizing License Agreement with the City of Englewood to
Constrnct a Stenn Sewer within the City Ditch Property Located in the 5200
block of South Prescott Street
CONCLUSION AND RECOMMENDATIONS
Staff recommends that Council approve the Resolution.
SUGGESTED MOTION
Seconded by:--------------
I move that the Resolution authorizing a License Agreement with the City of Englewood, Colorado allowing the
construction of a storm sewer within and across the City Ditch property located in tbe 5200 block of South Prescott
Street be approved and the Council President be authorized to affix her signature thereto.
Yes ____ No ____ Absent ___ _
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