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HomeMy WebLinkAbout1983-10-17 (Regular) Meeting Agenda• • .. • • 0 City Council Mee ting -Regular October 17, 1983 • • • ·' • .;#: I sol 5 I, 5 ~I 5 3 db sf~~ 5t-f • 0 0 • 7:30 P.M. 1 • \..(v ~w ,, \.IJ ~~ 2. 3. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL '~CTOBER 17, 1983 / *~Jz.. Call to order, invocation by Pastor Vance Willett, First Baptist Church, 3170 South Broadway, pledge of allegiance by Boy Sc9ut Tr.oop 192, and roll call. "-.~ Minutes. (a) Minutes of the regular meeting of October 3, 1983. (Copies enclosed.) Pre-Scheduled Visitors. (Please limit your pre- sentation to 10 minutes.) Other Visitors. to 5 •inutes.) your presentat~Rn r 1 C B ~ 3S, 7-JAJ.o ~ ftc---.. ~ 4. Public Hearing. Co••untcatlons -No Action Reco••ended. (a) Minutes or the Housin& Authority aeetinas or May 25 and June 29, 1983. (Copies enclosed.) (b) inute or the Board or Career Service Coaa1aa1on- era •• ina or Auauat 18, 1983. (Copiea encloaed,) (c) tnutea or the Urban R ne wa l Auth ority •••tina or Sep eaber 7, 1983. (Co pte encloaed.) (d) inutea or he at r and S r Board a etlna or S p ab r 17, 1983. (Coptea encloaed.) ( ) Minute 11'1 or th or Sap Plannin& and lonln Co alation ber 20, t98 . (Coplu enclose • ) • • • • • Page 2 October 17, 1983 5. Communication -No Action Recommended (Continued). (f) Memorandum from the Director of Libraries to the City Manager concerning her attendance at the American Library Association Conference in Los Angeles from June 25-30, 1983. (Copies enclosed.) 6. Communications -Action Recommended. Council Communication from the Planning and Zoning Commission concerning State Highway Department Work Program for Fiscal Year 1984-85. (Copies enclosed.) Recommendation from the Parks and Recreation Commission concerning solar heating for the Community Center. (Copies enclosed.) Council Communication from the Board of Career Service Commissioners concerning their recom- mendation regarding Council Bill No. 35. (Copies enclosed and see item 7(d).) 7. City Attorney. Ordinances on Final Reading. (a) Ordinance designating the emergency response authority for hazardous substance incidents occurring with in the City of Englewood by adding Section 14, Chapter 1, Title II, to the Englewood Municipal Code of 1969 as amended. (Co pies enclosed.) Ordinanc approv1n& an a&ree•ent with the Arapahoe Coun y S ertrr•a Department for •u ual aid tn hazardou substance incidenta. (Copi a encloa d.) Ordinance appro in an a&ree•ent with the Arapahoe Rt tonal L brary District to better library a r lc a o citizens or En&lewood and h Coun y, (Copl a enclosed.) (d) Ordinanc a• ndln eo lona 5-26-3(1), (-) and (5) and 5-26-5 ( ) and Stc ion 5-15-38, para- &raph 3 and e tn&le wood Hunl cipel Cod 9 9 co c rnln outside e•ploy•ent end ree•ploy n pro 1alona or h Ad•1n1atre tv Proo dur a. (Copt a nolo ed. l • I • • • • .. - Page 3 October 17, 1983 7. City Attorney (Continued). B. Bill approving an agreement with the City of Littleton, Littleton Fire Deparment providing for mutual aid/automatic aid for fire protection for both entities. (Copies enclosed.) Bill to regulate the collection of wastewater and treatment thereof to provide for maximum public benefit by setting forth uniform require- ments for pretreatment of industrial wastewater, by setting sewage tap fees and charges and by clarifying the requirements for connection to the public wastewater system by amending Chapter 5, Title XV, of the Englewood Municipal Code of 1969, as amended. (Copies enclosed.) Bill approving an agreement with the State of Colorado, the State Department of Highways, Division of Highways, providing for the recon- struction of the Englewood City Ditch. (Copies enclosed.) Bil l approving an agreement with the City of Littleton providing for the relocation of Englewood's City Ditch. (Copies enclosed.) Other Hatters. (i) Attorney's Choice. City Manager. (a ) City Manager's Choi c e. 9. General Discussion . (a) Mayor's Choice. ( i ) Resolution honorina errorta or citi1ens who haYe contributed to the strenath and developaent or En&le wood durin& ita y ar history. (Copies enclosed .) (b) Council Meabe r 'a Choice. 80-I LV b 10. Ad j ournaent. ~~.~'";:) Ao in& City Manaaer /ab • I • • • • • fj ~ f ~LL CAll Hoved Seconded A yes Na y Absent Hiqday Neal Fitzoatrick Weist Bi lo Bradshaw Otis ~ t: __} A ) (fli.J<, J-,tunf~~ :f~u__ul fJ;& ~ 1- • Abstain I . • • - • •' • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday v Neal v Fi tzoatrick v Weist v Bi lo v- Bradshaw v- Otis v • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQdav Neal j,..-Fl tzpatrick Weist Bi lo ,........... Bradshaw Otis I I , I • • • • • • ROLL CALL Mov e d Seconded Ayes Nay Absent Abstain Higday -Neal Fi tzoatrick Weist Bi lo Bradshaw Otis I • • • • • • • I I ~ RO LL CA LL Hove d Secon ded Aye s Na y Absent Ab s tai n 1-Hi o da v Neal Fitzpatrick -'We i s t Bi lo Bradshaw I Ot i s J (Q;tllLu It Ul~ 'J~<-- rg 1 rc ~-l \J Lz ./ J ~3b -+~ ( L j {21..-- c I } • • I ) • • • ROLL CALL Moved Seconded Ayes Nay Absent Ab sta 1n Higday Nea l Fitzoatrick Weist Bi lo Brad shaw Oti s /~?0 ·( .t.1 ~<.. -/) l;) _). 'l~ ,Ul':f'~'--' <-&lj! rrpw ----' -p 1-L . t.tiL-t -c{l 'u (2_Lt CA. ~ c u <f fa PI7A 'LV ;U.~ d { I~ /LLJ. d.-<-')'-j q_ ft, -3 y_[W~ -\,0-t u-1'""' 0 rujl-- ), A. ) j.-..; 1 1 ul I t LiZ. ~~) ~ _,(4) ;ru. J ?(C (4) aJ. J l(;u.. (I ) J (5) (_/ u (J..f JJ H tl(l .... . (. /! ~ ~# ._, tf. /./ 1 ~....J/1 --1 ' /; 1~ A a ,t -}-t ll-• I ) Moved Seconded ROLL CALL lfiqday Neal Fitzoatrick Weist Bi lo Bradshaw Otis • • • Ayes Na Ab y sent Abstain { M Uv lu I . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higdav v Neal Fitzpatrick Weist Bi lo 1/ Bradshaw Otis • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HiQday \ Neal I Fitzpatrick I Weist I Bi lo I Bradshaw I Otis 11 ' • • I • • • • • - • • ROLL CALL Mo ved Secon de d A yes Nay Absent Abstain -~~~()~ Neal Flt~at r i c k Weist I Bi lo Bradshaw Otis l l 0, J t ;:._ <. {. J •")\ / -i.k ~ (l_ L--tf' liz6- VII ?'>] ' .I 1.....1 -.. I . • • • • ROLL CALL Move d s d d econ e Ay~ Na y b A sent b A starn Higday I Neal Fl t zpatrick Weist I v Bi lo L-Bradshaw I Oti s \ • • • - ROLL CA LL Move d Seconded Higday Neal 1/ Fitzoatrick Wei st I Bi lo J/ Bradshaw Oti s S-z--t • • • Ayes Na y Absent (t L.L c- /_ • Abst · atn I . • • - ROLL CALL Move d Seconded Ayes Nay Absent Abstain Higday I Ne al I Fitzpatrick I Weist I Bi lo -Bradshaw I Oti s I I . • • • - • • Absent Abstain Nay - Seconded Ay3 ~ _J _J. - Moved ~ _J . I Nea_! ~ I-Ff t~atrick ~ Weist I 16ilo .J. -1 J. ~ 1 Bradshaw J. .J. .J.. v-- Otis I • • • • - • • ROLL CALL Moved Secon ded Ayes Nay Absent Abstain ~ Hlgelay \ Neal I Fitzpatrick 1 Weist I y Bi lo I _.!:::_ Bradshaw _j_ Otis _l \ I • • • • • . . • ROLL CAL M d s d d A N Ab Ab eve econ e y~ ay sent sta1n Higday \ ~ Neal I Fi tzoatrick I Weist I Bi lo I ,_. Bradshaw I Otis \ '-.. 1B c8 • • • • • ROLL CALL Moved Seconded ~es Nay Absent Abstain Higday I Neal I • Fitzpatrick I Weist I v--Bi lo 1 Bradshaw II Otis II ~ I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Ab stain Hlq<lay v Neal -t-FitzPatri ck Weist - Bi lo - Bradshaw Oti s ------~~~~--~~~~0~-------------- ;a/' ) ,, ,, vyr"~ ' ( -( (lJ 0 ? '\.. 1..} 'j ,.)1-z; l..~l ~ (JU ';f <<... g I }1. • ---,KL < ~ ,- _,/2 ;J tl '11'1 :J ~ ..f I • • , ~!" • - • • ROLL CALL Hoved Seconded A yes Na y Ab sent Abstain H1qday Neal Fitzpatrick Weist Bi lo Bradshaw Otis I . • • • • • ROLL CALL Moved Seconded Ay e~ Nay Absent Abstain ....-~raaav I v Neal I Fi tzoatrick I Weist I Bi lo Bradshaw 1 Otis "- I . . • • • • • ROLL CALL Mov e d Seconded Ayes Nay Absent Ab s tain H1gda y I Neal - t---Fl tzpatri c k -We i st I ,_..-Bi lo I L--Bradshaw I Oti s I I . Moved ~ ,_ • • • ROLL CAL L Seconded Ayes Nay Hi gdav Neal Fi tzoatrick Weist Bi lo Brad shaw Otis Pt-~~~ Lfu~ ~ 6 {f) CW/Ctu"-j I u.m _.t..<. • Absent Abstain - -'"! I • • • ROLL CALL Moved Secon d d £..-- Ay ~ Nay Absent Ab s t ain H1 q11 av Ne al I ,._ Fitzpat rick I We i s t I Bi lo I Bradshaw I Oti s I ~ I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Ab statn v Hloday I Neal I Fi tzoatrick I Wei s t I v Bi lo 7 Bradshaw ( Otis \.. .... 71 cS -JJsS_) ~ ~ I 1-1-!3. J: j !J • • • • • • ROLL CALL Ayes Nay Absent Abstain ' v Hiqday Neal Fi tzoatri ck Weist Bi lo I v--Bradshaw I Otis I L • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal v Fl tzoatrick Weist Bi lo I ,__-Brads haw 7 Otis I 71~ ~ • • • - ROLL CALL Moved Seconded Hladav Neal Fi tzoatrick Weist Bi lo Bradshaw Otis 1~ s Q;JA_f-- ~u~ t ~ F-;(lJ.-1 -Ct ~~- ,~y'C ( t;:o _A..,l • • • • A yes Na y Absent Abstain ci..o /}~ !"-A<-~ t.__ ---z-U/ 2-()-~ 0 • I . • • • • ROLL CA LL Moved Seconded Ayes Nay Absent Abstain Hiqdav '\.. Neal ' Fitzoatrick I Wei s t I -Bi lo I . ---Bradshaw 7 Otis I \____ yQ_------~ • • Moved L- '- • • ' . • ROLL CALL Seconded Ayes Nay Absent Abstain Hlqday Neal I I _1 Fltzoatrick - Weist Bi lo Bradshaw Otis s-~a- ';3 ~~ -~ rv /Yk-<· J:~ v -c;-' 7 7 ( ,,, cJ 6 d" " c----c ),L j_ ---- •• ~ .-{.J .) ~ .( '\__. cLt ~( 1 0 ./ t J ( ~·1 ( " ~ ( < c ( t c.·g~ A ,.., ( l .( v 4 , ll I '1 t_:+ CtY .; / .... I ~b • • • • , . • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal v Fitzpatrick Weist Bi lo v Bradshaw Otis • • • • ROLL CALL Move d Secon de d A~ Nay Absent Abstain Hiqday Neal I Fitzpatrick Wei s t I Bi lo I Br a dshaw 7 Otis I \ ? • • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado October 3, 1983 I~ The City Council of the City of Englewood, Arapahoe Coun- ty, Colorado, met in regular session on October 3, 1983, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Keith Merriman, Eman- uel United Methodist Church, 2700 South Downing. The pledge of allegiance was led by Boy Scout Troop 192. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Counc i l Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent: Council Member Higday. The Mayor declared a quorum present • • • • • • • • Also pre s ent were: City Manager Mc Cown Assistant Ci y Manager Va r g a s City Attorney DeWitt Di re c tor of Commun i ty Dev lo pm n t Po w r s Assi stan t Di r c t o r of Co m uni ty De - v elo pme nt(Pl anning ) D. Roman s F i r e Ch i f Bro a n Deputy Ci y Cler k en • • • • • • • COUNCIL M MB R BRADSHA W MOV D TO APPROV TH TH R GUL AR MEETI G 0 SEPTE M R 19, 1983. Council patrick seconded the •otion. Council Mem er Bradsha w noted • co r rec ion Council M b r llo o red o add he word •THAT• b nd • he • in he hird line o he o ton to a nd bac iona . s 0 l z- on ~ e en •ago • co 11 Un lc1-• October 3, 1983 Page 2 • • • Council Member Bradshaw asked for clarification on page 9, the fourth full paragraph wherein City Attorney DeWitt discusses the vote on council bill defining "Institution" in the Fire Code. Mr. DeWitt stated the minutes were written accurately. He further explained the ordinance would contain the emergency language be- cause the amendment passed adding the emergency language, but a unanimous vote was required to effectuate emergency passage. The verbage addition by Council Member Bilo and the expla- nation by City Attorney DeWitt were satisfactory to Council Member Bradshaw. Upon a call of the roll, the vote to approve the minutes as edited resulted as follows: Ayes : Nays: Absent: Council Members Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried • • • • • • • • Council honored th coaches and members of the Englewood rs Baseball program. Present were coaches, sponsors, and h Old Timers Baseball District III championship team by he VFW; and th Old Timers Baseball State champion- sponso red by Burt Chevrolet. • • • * * * * Mayor Otis ask d if there were any oth r v isi ors wishing to address Council. Th re were none at this 1m • * * • • * • • COU CIL MEMBER FITZPATRICK MOV D TO OP TH 1 C CO C RNI C THE ORDINANC 0 INAL READI C ADDI TO THE CO MPR EHE NSIVE ZO INC ORDI ANC 0 196 , AS l C TH CO NVERSIO OF APARTMENTS TO CONDO MINIU MS. Bradsha 1 conded h otion . Upon a call of he r ul d •• follo Ay a: Council M • era al, i zpa ric , W ia , tlo, radah w, 0 11. H A - 22.4 CULAT- •ber vo • October 3, 1983 Page 3 Nays: Absent: • • .. • None. Council Member Higday. The Mayor declared the motion carried. Director of Community Development Sue Powers came forward and presented information regarding the public hearing. Director Powers stated the purpose of the hearing was to consider an amend- ment to the Comprehensive Zoning Ordinance governing the conversion of apartment units to condominium use. Director Powers submitted for the record the legal publication of the notice of hearing. Director Powers submitted the staff report for the record, also. Director Powers stated some time ago, the Department of Community Development was approached by an individual who wanted to convert rental units to condominiums. It was discovered that no criteria existed by which to review such requests, thereby prompt- ing the creation of this ordinance on hearing. Dire c tor Powers stated this ordinance provides the oppor - tun i ty for the Ci ty to review conversion requests. Ms. Po wer s noted an important part of the ordinance was the set of •l i fe -safe- ty• standards with which a building would have to comply i n order to be approved for conversion. In response to Council Member Bradshaw's question, Direc- to r Power s s tate d she wa s satisfied with the ordinance. Th e r e we r e no furth e r c omments, COU NCI L MEM BER BILO MOVED TO Council Memb e r F it zpatric k s c onded th roll , he vo r s u l ed a s f ol lows: CLOSE THE mot i on. PUBL IC HEARIN G. Upon a c a l l of th Ayes: Nay s : A a n : Cou n cil Me mbe r s Neal , Fit zpa t r ic k, Weis , Bilo , Bradsh aw, Otis . one. Coun c il mb r Higday. Th e ayor d c lared the motion carried. BY AUT HORIT Y • COU NCIL BILL NO. 15 I NT ODUC D BY COU NCIL M M R AL I • • • • • October 3, 1983 Page 4 AN ORDINANCE ADDING SECTION 22.4E TO THE COMPREHENSIVE ZONING ORDI- NANCE OF 1963, AS AMENDED, REGULATING THE CONVERSION OF IMPROVED REAL PROPERTY TO CONDOMINIUMS. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 15, SERIES OF 1983, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: were: Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * * •communications -No Action Re commende d • on the agenda (a) (b) (C) (d) ( ) Minutes of the Board of Ad justment and Appeals meeting of August 10, 1983 . Minutes of the Planning and Zoning Commission meeting of September 7 , 1983. Minutes of the Public Library Board meeting of September 13, 1983 . Minutes of the Do wn to wn Development Authority me ting of Septemb r 14, 1983. M morandum from the Director of Engineering Services to the City Manag r concerning his at endance a the Am rican Public Work s Associ- ation Congress nd Equipment Show in Oetroi , Michig n. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT •coMMUNICATIONS 0 ACTION RECOMMENDED• AGENDA ITEMS 5(A) -5( ). Council M mb r i zpatrick seconded th motion. upon a call o the roll, the vo e r sul ed ae follows: Ay a: Council M mbera N al, itzpatrlck, w is , Bllo, radshaw, 0 1 • • October 3, 1983 Page 5 Nays: Absent: • • • None. Council Member Higday. The Mayor declared the motion carried. ORDINANCE NO. 50 SERIES OF 1983 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER HIGDAY/- FITZPATRICK AN ORDINANCE AMENDING THE ENGLEWOOD MUNICIPAL AMENDED, BY ADDING SUBSECTION (d) TO SECTION 3, II, PROVIDING A DEFINITION OF •INSTITUTION• IN CODE. CODE OF 1969, AS CHAPTER 3, TITLE THE UNIFORM FIRE COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 51, SERIES OF 1983, ON FINAL READING. Council Member Bradshaw seconded the motion. Council Member Fitzpatrick noted the definition differed from Denver's Fire Code; and asked Fire Marshall Groditski to come forward to provide an explanation. Fire Marshall Groditski stated the specific definition wa s to alleviate any problems in interpreting the term from a prosecu- tion standpoint. Council Member Bilo opposed the council bill on the basi an institution should police and enforce their own policies. In response to Council Member Neal's question, City Attor- ney DeWitt stated the council bill does not extend liability sub- s antially; the bill moreover clarifies responsibility. Upon call of th roll, the vo e result d aa follows: Ay s: Nays: Absen Council Memb rs Neal, Fitzpatrick, Weist, Bradshaw, 0 is. Council M mber Bilo. Council M mber Higday. The Mayor d clared the motion c rrled • • I • • October 3, 1983 Page 6 ORDINANCE NO. SERIES OF 1983 * * * * BY AUTHORITY A BILL FOR • • • * * * COUNCIL BILL NO. 52 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE DESIGNATING THE EMERGENCY RESPONSE AUTHORITY FOR HAZ- ARDOUS SUBSTANCE INCIDENTS OCCURRING WITHIN THE CITY OF ENGLEWOOD BY ADDING SECTION 14, CHAPTER 1, TITLE II, TO THE ENGLEWOOD MUNICI- PAL CODE OF 1969, AS AMENDED. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 52, SERIES OF 1983, ON FIRST READING. Council Member Neal seconded the motion. Fire Chief Broman came forward. Chief Broman explained the council bill was a product of SB172 which was effective July 1, 1983. The bill was not a result of the recent incident in the area. Council Member Bilo mentioned that DRCOG funds may be available to the City for this service. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abs nt: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declar d the motion carried. ORDINANCE 0. SE RI S OF 1983 * • • * BY AUTHORITY A BILL FOR * • • COUNCIL BILL NO. 53 INTRODUCED BY COUNCIL MEMBER BRADSHAW I • • October 3, 1983 Page 7 • • • AN ORDINANCE APPROVING AN AGREEMENT WITH THE ARAPAHOE COUNTY SHER- IFF'S DEPARTMENT FOR MUTUAL AID IN HAZARDOUS SUBSTANCE INCIDENTS. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 53, SERIES OF 1983, ON FIRST READING. Council Member Bilo seconded the motion. In response to Council Member Neal's question, Fire Chief Broman explained the Arapahoe County Sheriff's Department had spe- cial equipment to handle hazardous substances. For example, a bomb disposal unit with a command bus adapted to large scale emergen- cies. Fire Chief Broman stated another advantage was the manpower accessibility. Council Member Weist objected to the •hold harmless• clause contained in the agreement. sides. City Attorney DeWitt noted the clause was mutual on both Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Fitzpatr ick, Weist, Bilo, Bradshaw, Otis. None. Council Member Higda y, The Mayor declared the motion carried • • • • • • • • BY AUTHORITY ORDI NANCE NO. SERIES OF 1983 COU NCIL BILL NO. 54 INTRODUCED BY COUNCIL MEMBER FITZPATRICK A BILL FOR AN ORDINANCE APPROVI G AN AGREEMENT WITH THE ARAPAHOE REGIONAL LIBRARY DISTRICT TO 8 TTER LIBRARY SERVICES TO CITIZENS 0 ENGL - WOOD AND THE COUNTY. COUNCIL M MB 54, S RIES OF 1983, 0 s conded h mo ion. ollowa: R FITZPATRICK MOVED TO PASS COUNCIL BILL NO, FIRST R ACING. Council M mb r Bradshaw Upon a call o h roll, h vo e r aul d a • October 3, 1983 Page 8 Ayes: Nays: Absent: • • • Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * * City Attorney DeWitt discussed the Parkinson case, and informed Council District Court Judge Levi ruled the municipal court judge had the authority to interpret rules to expand the court process. Mr. DeWitt requested time to discuss the matter with Council on October 17, 1983. Mr. DeWitt wanted to discuss the pros and cons of the ruling. * * * * * * * City Manager McCown presented a Council Communication from the Director of Engineering Services concerning the award of bids for the concrete replacement program for 1983. Mr. McCown recalled the program was originally bid in September. Based on staff recom- mendations, Council rejected all bids, and authorized rebid. Mr. McCown stated the program consists of three project areas: 1) RTD transit street improvements (costs will be reimburs- ed to the City by RTD); 2) South Broadway concrete repairs which are required prior to overlaying South Broadway; and 3) miscellane- ous concrete repairs at various locations throughout the City. Mr. McCown stated funding is available through reimbursement from RTD and from the PIF where the additional funding will be adjusted out of the PIF Road & Bridge. Mr. McCo wn stated the low bidder was J&N Concr amoun of $60 ,81 3.13. Mr. McCown no ed the revis d • ima e was SS , S7.00 . e in eng in the r's COUNCIL M MB R NEAL MOVED TO AWARD THE CONSTRUCTION CON- TRACT FOR CO CRET REPLACEMENT PROGRAM 1983 TO THE LOW BIDDER, J&N CONCRETE I THE AM OU NT 0 $60,830.13. Council M mber Silo seconded he mo ion. Upon a call of the roll, he vo e resulted as fol- lo ws: Ay a: Council Membra N al, 1 zpatrlck, w is , Silo, Br dah w, Otis • • • • October 3, 1983 Page 9 Nays: Absent: • • .. None. Council Member Higday. The Mayor declared the motion carried • • • • • • • • City Manager McCown presented a Council Communication from the Director of Engineering Services concerning the award of bid for the Broadway overlay project. Mr . McCown stated the program consists of a two-inch overlay of South Broadway between Yale Ave- nue and U.S. Highway 285; and a 1-1/2 inch overlay on South Gala- pago Street between u.s. Highway 285 and Ithaca Avenue; and a 1-l/2 i nch overlay on Tufts Avenue between South Delaware Street and South Huron Street. Mr. McCown stated the low bid submitted was from Peter Kiewit Sons' Company in the amount of $133,466. Mr. McCown stated the estimated expenditure is $133,466. The available PIF funding is $168,000. Mr. McCown requested authorization from Council to use the extra monies for additional streets which are in need of overlay. The streets named were 3500 block South Downing, 3500 block South Fox, and 3900 block South Kalamath. Mr. McCown stated this can be accomplished through change orders. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE CONSTRUCTION CO NTRACT FOR THE OVERLAY PROGRAM 1983 TO PETER KIEWIT SONS' COMPANY I N THE AMOUNT OF $1 33 ,466 AND BY CHANGE ORDER ADD 3500 BLOCK SOUTH DO WN I NG , 3 500 BLOCK SOUTH FOX, AND 3900 BLOCK SOUTH KALAMATH IN THE AM OU NT OF $1 9,800. Coun cil Member Bilo sec o nded the mot i on. Upon a call o f the rol l , the vot e r e sulted as follows: Ay es : aya: Abaen Cou ncil Member s Neal, F i tzpa t r ic k, Weist , Bilo , Br a d s haw, Ot i s . None . Council M mb r Higday . Th Mayor declared th motion car r i d . City h Ur n R n ro• h Ci y p r y and aa • • • • • • • McCo wn preaen ed a Cou n cil Co mm unicatio n fro• hority recom endi n g t h rana er o $200 ,000 he Urb n Rene wal Au hor1 y to purchaa pro- o ro d way ha are requir d for h • I • • October 3, 1983 Page 10 • • • Little Dry Creek project. Mr. McCown presented a resolution to amend the Public Improvement Fund and to transfer the $200,000. RESOLUTION NO. 47 SERIES OF 1983 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION SERIES OF 1983. Council Member Bilo seconded the motion. call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * * NO. 47, Upon a City Manager McCown presented a Council Communication requesting approval of an agreement between the Cities of Aurora and Englewood for retrospective conversion of collection using Aurora Public Library's CLSI computer system. Accompanying the communication was a resolution amending the General Fund and appro- priating $9,695 to the Library Department. RESOLUTION NO. 48 SERIES OF 1983 A RESOLUTION AMENDING THE GENERAL FUND. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 48, SERIES OF 1983. Council Member Fitzpatrick seconded the motion. Upon a call of th roll, the vote resulted as follows: Ayes: Nays: Absent: Council M mbers Neal, Fitzpatrick, W ist, Bilo, Bradshaw, Otis. None. Council M mb r Higday. Th Mayor d clar d th motion carried. * * * * * * * • - (' October 3, 1983 Page 11 • • • City Manager McCown asked Counc il to review the items in their study session packet. Mr. McCown asked for Council's re- sponse to the survey of the budget retreat. Concerning Assistant City Manager Vargas• memorandum on budget issues, Mr. McCown asked to be notified if there were any items different than what appeared in the memorandum. * * * * * * * Assistant City conference in Public Works during the i r City Manager McCown stated both he and Manager Vargas would be attending a City Manager's Kansas City this week. Mr. McCown stated Director of Kells Waggoner has been appointed Acting City Manager absence. * * * * * * * Mayor Otis noted there still remained a va c an c y on the Plann i ng and Zoning Commission. He stated he would check the f il es to review pending applications for various boards and c omm i ssions. * * * * * * Council Member Neal asked that a letter of commendation be written recognizing a Mr. Walters for bravery during a burglary attempt at his (Mr. Walters ) house a few days ago. Coun c il agreed wi th Mr. Neal's suggest i on. * * * * * * * There wa s n o fu r th e r b u s ine ss to be discus s e d . * * * * * * * COU NCIL MEM BER BILO MOVED TO ADJO URN. Mayor Otis adjourned the meeting without a vote at 8:38 p.m. • I • • • • - ENGLEWOOD HOUSING AUTHORITY Board of Commissioners Regular Meeting Wednesday, May 25 , 1983 Simon Center 3333 South Lincoln Street The regular meeting of the Englewood l~using Authority was called to order by Chairman Tom Burns at 5:05 p .m. on May 25, 1983 , at the Simon Center, 3333 S. Lincoln, Englewood, Colorado. Roll Call Members Present: Members Absent : Also Present: Tom Burns; Chairman llcLLy lll'l!.!r, Vice Chalruo;au Beverly Bradshaw, Member Cindy Peterson, Member William Frasier, Member Frances Buck Jonas, Executive Director Kathleen Allin, Attorney Al Van Demark, Staff Gary Diede, Director, Engineering , City of Englewood Ramona Bosze, Recording Secretary Readin , nd Approvnl of Minutes: • M/S PETERSON, BRADSHAW TO APPROVE THE ~IINUTES OF THE REGULAR MEETING OF APRIL 27, 19 3 AS AMENDED, MOTION CARRIED AS FOLLOWS: AYE . AYS: ABSENT: Floyd Av BURNS, BEIER, BRADSHAW, PETERSON NONE fRASlfR Gary Di d , • City uf lncrc.u,. rl of lhl• I • • ( • • - -2-EHA Minutes for 5-25-83 in the preliminary planning stage for the realignment project, that no decislon !i have been made and that any plans which would impact the Simon Center properLy will be discussed with the EllA before decisions arc mu<.lc. The Board thanked Gary Diede for attending and explaining, and Mr. Diede left the meeting. Attachment B-1, Duplc:xes SLuLus Heport for llprJ.I -llct'eptetl by fluunl Orchard Place Attachment B-2, Orchard Place Status Report for llprll -Accepted by Board Attachment B-3, 4, 5, 6, & 7,· "Mares" M/S BEIER, PETERSON TO GO TO EXECUTIVE SESSION TO DISCUSS THESE MATTERS, MOTION CARRIED AS FOLLOWS: AYES: NA YS: ABSENT: BURNS, BEIER, BRADSHAW, PETERSON NONE FRASIER M/S BRADSHAW, PETERSON TO END EXECUTIVE SESSION, MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS BEIER, BRADSHAW, PETERSON NONE FRIISIER Attachment , Elastomeric Coating for No~ th Wall of 7th Floor Executive Director reported that after the recent tremendous storm Orchard Place only had water in stairwell and sam on sixth floor where patios were pi tch d in the wrong dir ction. EHA is still holding check from Nelson & Company on Elastomcric CoaLing . Executive Director ret>ortcd Llw L '!'om Ch.111tll ur vf Nelbon, RoLh HUKKCb Led w iting to see if elastom ric coating is really n ce aary nd asked if th Board wanted to reconsider. The board instructed Executive Dir ctor to inform N-R thQt they wanted the elastomeric coating appli d as previously agr ed upon. Simon Center Attach nt C-1 , Si1110n C nter Status Report for April -AC"C'~pr cl by Uu.trd M/S BRADSHAW, PET SO MOTJO CIIRRIY.D AS POLl AYES: AYS: ABSENT: TO CO TO EXECUTIVE S SSION TO DI CUSS THIS MATTE , S: S, BJ:llm, 11MI>SIIA , I'I!J'EitSO • • • • • .. - -3-EHA Minutes · for 5-25-83 M/S BRADSHAW, BEIER TO END EXECUTIVE _SESSION, MOTION CARRIED AS FOLLOWS: AYES: NAYS: AllSENT: BURNS, BEIER, BRADSHAW, PETERSON ONE FRASIER Attachment C-3 , 4, Letters to and from Mayor Re: Floyd Avenue Realignment Accepted without comment by the Board. Attachment C-5, Floyd Avenue Realignment Letter from EHA Attorney M/S PETERSON, BEIER TO GO TO EXECUTIVE SESSION TO DISCUSS THIS MATTER, MOTION CARRIED AS FOLLOWS: AYES: t AYS: ABSENT: BURNS, JJEIER, llltAlJSIIi\W, I'J::'!'El{SON NONE FRASIER M/S PETERSON , BEIER TO END EXECUTIVE SESSION, MOTION CARRIED i\S FOLLOWS: AYES: NAYS : ABSENT: BURNS, BEIER, BRADSHAW, PETERSON NONE FRASIER Section 8 Exist ing Attachment D-1 , Section 8 Ex isting St by Board • Attachm nt E-J , Rehab Statu Report-Accepted by Board Attachm nt E-2 , ARRP Report for Apr il -A~c pled hy Board Te hnic 1 Service Sup rvi or Al Van D m rk tat d th t there i mor 1 nd .JVnilablc in Englewood , rroh.tbJy cnuuglt tu do 12 AIU\l' unitli ami th.Jt th • l>LJ; thins it. to get pilot p r ogram don •• so c n draw on lin of c redit and roll dollars over. a delay in that one hout. which w 11 to be mov d for EllA pro- nd C ntennial • j ked up nd left on the it for in violation o the City'a mavin& atatute. Th contr ctor w 1 for thia violation. Contractor do 1 not want to work wit h olv d in th City Court. Van 0 rk augg t d r proj t in th anti with anoth r contr tor. tt r 1 ter in A nd Th Board qu th Th nt with thh 'on- U r ~:lur r d •d Llt..al. Lhu CIIA ppruv ubaidy ia calculat d to aimpli y th pro f inan tal p tali t. • th t.h ngu 111 dur p r th ) I • • • ,. • -4-EHA Minutes. for 5-25-83 M/S BRADSHAW, PETERSON TO APPROVE CHANGE IN SUBSIDIZED INTEREST RATE ChLCU - LATlONS, MOTION CARRIED AS FOLLO WS: . hYES : NAYS : ABSENT: BURNS, BEIER, BRADSHAW, PETERSON NONE FRASIER Attachment E-4, Policy Recommendation for Deferred Loans The Executive Director recommended that ~he EHA adopt the revised eligibility criteria for deferred loans per staff memo. N/S BRADSHAW, PETERSON THAT REHAB DEFERRED LOAN CRITERIA BE CHANGE AND ACCEPTED AS WRITTEN, MOTION CARRIED AS .FOLLOWS: hYJo:S: NA YS: ABSENT: UUHNS, lllW\1{, lJIV\USllAW, l'E'l'l.mSuN NONE FRASIER Attachment E-5, Criteria for 1983 City Rehab Funds The Executive Director recommended that the ERA adopt the criteria for the use of 1983 City funds for the Housing Reh bilitation Program per the staff mumo , which increases maximum grant to $6,000. H/S BRADSHAW, PETERSON TO ACCEPT THE CRITERIA FOR 1983 CITY REHAB FUNDS, MOTION CARRIED AS FOLLOWS: AYES: NA YS: ABSENT: BURNS, BEIER, BRA llAW, PETERSON NONE FRASIER ew ARRP Income Eligibility Limits The RxccuL!vc 01rc:tclur rcportcll Lhat IIUD'b Section l! l ~xJ.IiL!u~; J.ucuu•c ll.u•I.L b had been incre d and r comm nd d that the ERA adopt n w ARRP inco limiL~ hich ar based on 120% of th HUD'incom limits. M/S BRADSHAW, P TE SO TO APP OVE THE ARRP 1 CO CARRI ED AS FOLLO S: ELIGIBILITY J.IHITS, HOTIO AYES: , AYS: ABSENT: Ex utiv Dir d 1 c:u • d th p d c:t1 n ot h r1 n. BU S, II lER, B 'ONE FRASIER HAW, ETERSO pt II by o ret t Sh ridan City A 1n1etrator, Cttrn 1, hed m1n1etar an ARRP within th jur1i- th1a po i1b1lity with th Sh rid n it • I • • • • .. - -5-EHA Minutes for 5-25-83 and Hous ng Au t ho rity. The Exe c utive Director r port d that she ha~ t d a legal opinion on this proposal fro m EHA Attorn y Kathy Allin. M&. r co= nded a ain s t this type of program outsid th En 1 ood City I im l •• n th" State Sta t u t es governin ~; hou sing authoiritl.,s. "[w lilA J.ll:.truLtc d x~~. Uir. to de cl ine the Sheridan proposa l ba& d upon the advice of 1 gal counse and sugges t that they get a legal opinion f r om th Sh eridan City Attor - ney . I t was a l s o mentioned that the EHA couldn't conside r such a p r o posal un ti l s ome suc c essful l oca l projects are completed . Attac hm ent E-J3, Pro posa l for ARRP Project Utilizing Available Duplex & Tr i p lex Th e Exec. Dir. repor t ed that the ARRP program is stalemated be c aus e th e pro- c edure doesn't allow the EHA to speculate. Before ~e can spend any mo ney the prospec tive buyer has to get an FHA Letter of Commitment on a specific s i t e a nd house. After severa l months we haven't been able to put together a sing l e !>ucc e ss ful pa c ka ge beca use the process is s o s low t h;Jt th e ;JVUllablc hou :;c:. and lot s have been purchased by other developers before the EHA could act. If the EHA wants to continue with the program the Exec. Dir. recommended t hat t he EHA take an entrepreneurial stance and take a calculated risk in putting to gether a proj ect. The Exec. Dir. and Tech. Svc • Supv., Van Demark, presented a proposal t o pur- cha s e a va i l able duplex and triplex units and sites to be developed and sol~ to low/m oderate income households on the waiting list. The Exec. Dir. r cpur t c~ that she ha d taken an option to purchase a triplex site at 3034 s. Callepugo for $30 ,000, c ontingent on approval by the Board. The Tech. Svcs. Supv. r e - ported t hat he h ad made a tentative offer of $7,500 for triplex and $4,500 for a duple x, pre sent ly located ln the Cherry Creek u rea. Mr. VanDe murk p r e- sented tw o o ptions for developing the ~roject as triplex & duplex with ga r den level units or as a duplex &single family unit with full basements in place of the gard n l eve l unit , and discus sed estimated cost s and sell ing pr ices. Th Ex c . Dir . e x pla i ned tha t t he EHA i s un ble to use the bank Line of Cr e dit to do this p r oject as t he bank will only l low one un i t to be c omp l t ed a a pilot project n ~ no bank funds can l>l' pent unt i l u proHpec t l ve buye r hot~; .011 HiA L ttcr oi Co itmen t for p rmanent financing . Sh r comme nded th t th~ EHA authoriz u of Simon Cen t r r s rv f und s t o do t h i s p r oject to b p;Jid back with interest upon ale of the·unita . Th Ex ec. Dir. repo r ted th tat th nd of 1981 the b lance of the Simon C nt r r serv w a $200 ,000 1d ut th end of 198 the b lan e w $528,000. /S BRADSHAW , PETE SO, THAT WE Atrr IZ STAPF TO CO AHEAD WI Til TH P OJ C'l OF D 'REX AND TRIPLEX SITE ACQUISITIO AND PURCHASE IIOUSI" /\NO MOVC TIII:M, USJ U Sl 0 C f!Eil RESERVE F'UNDS 10 8 PAID ACK WlTH INTEREST WH U I S OLD, HOTIO. C lED AS FOLLOWS: AY AYS: II SENT: BURNS , • BEl tiON liti\S I El\ RADSIIA , PETERSON l!ltcc. Ole. wtolc.a.l LllaL I Lh unJ.L.- AI oei tion would o t h 1 nd. Sta up i th 1 t ane o HA Attorn y • • • • • - -6-EHA Minutes .for 5-25-83 Attachment E-14, Status of 4151 S. Acoma Assumption -Report accepted by Board Attachment F-1, Proposed Housing Project Exec. Dir. reported that Jim Nelson of Nelson & Company had asked if the EHA was interested in some type of joint venture project on Lincoln Street, west of Orchard Place. The owner had contacted Mr. Nelson about doing a project there. The Exec. Dir. was directed to tell them thanks for considering the EHA , but the Board is not interested at this time. Attachment F-2, Report on 1983 Annual State NAHRO Conference Frances Buck Jonas, Executive Director, announced that she was elected President of State Chapter of NAHRO for a two year term at the Annual Meeting in Fort Coll ns. Ms. Jonas reported in issues that had been discussed at the confer o~P. Attachment F-3, National Commissioners Workshop Registration -Accepted by Board Att chment F-4, Nation's City Article on State Administered CDBG-Accepted by Board Attachment F-5, NAHRO Action Alert, Re: HUD Staff Reductions -Accepted by Board Attachment F-6, NAHRO Monitor Article New accoun ting procedures promulgated by the National Council of Governments Accounting (NCGA) would require housing authority financial statements to be combin"d with city' f!nundul report s. Cxec. Dir. reported LhJt durin~; the audit this year, th auditor asked nu ruus questions bout the City's ov r- sight responsibility for the EHA, and auditor determined that EHA is s p r te nd should not be combined in City's financial statements. Com puter Proposal The Exc~;. Dir. reported th L the Study hud bucn comp l led un<J lhJl the report hould b r dy by the next r gular m eting. It w s aug st d th L a sep.lrnte eting b held to review th computer propos 1. Board concurr d in thib. Att ch nt G-1, Board H mb r Expiration Th Board inatructed th him th t h h 1 b en a to continue . H/S 8 at d that th thin to on HA , P£T Ch ir .. n to contact Co iaaioner Praaier and tell r at addition nd that th o rd hop a h will want tin , p rhap tw n xt tin • C, I«>TIO CARRIED AS FOU.O W HA PET ti at 11~ p •• • • • CALL TO ORDER • • • ENGLEWOOD HOUSING AUTHORITY Board of Commissioners Regular Meeting Wednesday, June 29, 1983 Orch ·• rd Place :J425 SuuLh Sl1unnau StreuL The Regular Meeting of Lhe Englewood Housing Authorily was called to order by Chairman Tom Burns at 5:05 p .m. on June 29, 1983, at Orchard Place, 3425 South Sherman Street, Englewood, Colorado Roll Call Members Present: Members Absent: Also Pr sent: Tom Burns, Chalr11111n UuLLy Uoder, VJ.ce Char.l.llldn Beverly Bradshaw, Member Cindy Peterson, Member William Frasier, Member Frances Buck Jonas, Executive Director Llnda A. Knopinski, Housing Administrator Ramona E. Bosze, Recording Secretary I . A&proval of Minutes -Th Bo rd passed on approval of Minutes of the Hay 25, 1 HJ Meeting until the July m etJng to give the Board adequate rc-viuw nt; Lime. • ~D~u.p~l~~~~~~~~~-f_o_r~M~y -ot d and cc pt d by th Bo rd ;:O;.:.r..:c:.;.h:.:a;.:.r~dc...:...;.:;=...:.=.::.=.::.::...;R:.;.e::.pL:.u:::.r:.;t::__f;..;o:.;r'-'M.::!1. -No l e d n d a c" p L d by l he Bu.a r <I lo contracLOr and dry en u Mar M/ PET Motion AYCS: AYS: llurn , un ll!;!. r: ''""' r HA TO CO TO X~CUTlV oll s: r, lh ill I aw, I t r on Dir. r d that during lh~· nt on a v nth i aend1ng l tl r 1i 0011 li W lhi.!C l!i olCill SS 0 TO DISCUSS Till MATTE , • A • • • • • -2-Ninutes, EHA Bd Mtg 6-29-83 M/S BRADSHAW, PETERSON TO END EXECUTIVE SESSION, Molion carried as follows: AYES: NAYS: AllSLN'l : Burns, Beier, Bradshaw, Peterson None Fru&ier H/S BRADSHAW, PETERSON THAT IF PRESENT APPEAL ON MARES UNEMPLOYMENT COMPE - SATION IS DENIED, BOARD DOES NOT WISH TO APPEAL FURTHER TO COLORADO BOARD OF APPEALS, Motion carried as follows: AYES: Burns, Beier, Bradshaw, Peterson NAYS: None ABSENT : Frasier Ltr from Brady to Leffinwell, re: Orchard Place Water Problem -Letter re- capping history of water problem, dated 5-27-83, with attached informnt lun.1l I'•" k~"l Wil'> oltLI.!plul for Lhelr CI.!Lurth, hy Lhc llu.1rJ. Addendum to Admission and Continued Occupancy Policies for Low Rent Public Housin g -This letter listing income limits was noted and accepted by Lhe f.oa rd. III . Simon Center Simon Center Status Report for May was noted and accepted by Board ~all SL recL Journal ArtiLle on Elderly Keeping Pets was received by Board unJ pro~ and cons on allowing pets in EHA housing were generally discussed. I . Section 8 J· • .d,:_l~!l • Section 8 Existing Status R port for May was noted and a cepted by th Bo rd. Th S tile "topy" ilnd ret t·lvt·d wllhuuL I:OIIIIIK!Ill by Llll.! Jlu.1rd. Handbook, ot d nd c (lt d by th • o rd. of a in Bo rd. t • • • • -3-Minutes, EHA Bd Mtg 6-29-83 ARRP Sta t us Report fo r May was noted and accepted by the Bo ard . Resigna tion of Roberta Wilson from Rehab Loan Committee was noted and accepLeu wi t h regret by the Board. Lf:LLer fr om Exec . Dir. re: Rehab Program Investments to Eric Johannisson, Engle- wood Chief of Revenue Division was reviewed. The Executive Director report ed that City Revenue Chief Eric Johannisson had consented to handle the invest- me nt of the Deficiency and Delinquency reserve funds for the Housing Reha bili- LaLion Loa n Program in co nnec tion with his investment s uf City funus , rc- lif:vlng EHA Staff of the responsibility.and hopeful l y, getting a better return on the investments. Co py of Settlement Statement on 3034 S. Galapago -Exec. Dir. reported this lot was purchased for speculative house moving project, as approved by the Board at May meeting . HUU Le Lt e r re: PHA Report of Audit for Period ended 12-31-81 -Exec. Dir . stat ed that HUD has returned the Audit Report on Community Development Block Grant Progra m and that there were no findings. Noted and accepted by the Board. HUD e tter re: Audit Report CDBG Program - A copy of the Certificate of Com- pl etion for CDBG Project B-81-SA-08-003, with cover letter stating the project is considered closed,was reviewed and accepted by Boaru. Hud Lette r re: Equal Opportunity Monitoring Review-The Exec. Dir. reported that HUD 's only conc ern was that there were only 5.2% minority employee s in the Community DcvclopmcnL ncp:HLmcnL, while ci viliun lauur CU!pluycu 16.':1% minori ties, and HUD wou ld like the C ~ty t o hire more minorities. This item was noted and attachment accept d by hoard . lloaru. Dir . explained report is on the bale man y r c iv d wo uld go to r imburs the llou ing Def i ciency Reserve Accoun t . Report r viewed and accept d by th Lett r to Sheridan Housing Authortty from Exec. Dir, re: Engl wo od/Sh r idan Coop rative Housing Acquisition, Rehabil itation and Relocation Program - The Ex c. Dir. reported that the letter exp r essed EHA's unwillingn s at Lhl" ll c fur juinl vcnLurc, i.UI inbLrucLeu lly lhc auur<l uurln11 .M..Iy meclln•. V rioue in!or tion n w 1 tt r articles on g neral houaina iaauee were r vi wed by the Board. aL onal Conv nLiorl n S n 01 go , O ·tob r 9-12 , 1983 W.J¥ dib<us ~ Board nd Ch irm ·n 'rum llurn l!l lndh·•HNl lhill h~· would Hll~·nd. • I • • • • .. - 4-Minutes, EHA Bd Mtg 6-29-83 Staff on the basis that their request had not been clearly ~taLed and as amended it did not achieve the intentions of the original policies. The Board was requested to reconsider. Housing Administrator Linda Knopinski stated that the problem seems to be that the same applicants arc hclng re<y<lt•d du" Lu il vuricLy uf rc<J hons, and Lloc nincLy-c.Jay hoJc.J mi~hL encour<J~c api>Jj - cant to wait for a particular unit rather than the one available . The recommended changes would allow staff to open list sooner to those imme- diately needing housing , rather than be tied up by those just desiring it "some time". The Board considered the expanded explanation and revision rcquc~L. M/S PETERSON, BRADSHAW THAT BOARD ADOPT THE WAITING LIST POLICY CHANGE AS OUTLINED IN REQUEST OF JUNE 23 , 1983, WITH AMENDMENT, THAT STAFF CON- TINUE TO SORT REQUESTS,TO EST ABLISH ACCEPTABLE AGE FOR APPLICATION, Motion carried as follows: 1\YL:-.: NAYS: liurn~. 11Ld.c.:r, Uc~..u.J~huw, Pelcr~uu None ABSENT: Frasier Letter of Resignation from EHA Attorney, Kathy Allin was noted and acccplcc.J with regret by the Bo rd. Exec. Dir. was directed to obtain proposals from several attorneys, preferably with Housin~ Authority exp rience, includi n~ knuw c·dg" of lan<JlCJrd/tcn nt lAw, prop rty l w, reul property litigutl•u•, plus loc ticn o f t(f l L s within reasonabl distanc from Board meeting luLJ- tiCJn. Exec. Dir. st tea that she will canvass other Housin Authorities and o ther sources for su st d ttorney to contact . Vl . • Frasier -Hr. Frasi r stat d h did not :.:.:;:.::..;:===""";='-:-'=="":-'~=n~L-.;;..;:;n.:;d.;:;..:;r.;:;e.:.;li";i""g..;:n..;:a:..::t~l~o~n a cc p ted with rcgr L by l hu L on tr.at at b r will b officially ppoint d by th City Coun il. mb r, it waa eug st d that Exec. Dir. ct Simon I LI IL")' • ( • • .. • -5-Hinutes, EHA Bd Mtg. 6-29-83 NAHRO Commissioners Tr aining Conference, attended by Member Cindy P~ters on , who reported that a lo t of interaction between various commissionc;r s a t tending the Conference was a valuable learning experience. Rublnehs Cardb -Moe nee d f ur business curds fur Kt~ Uuurd was discussed, and it was decided that Exec. Dir. should check into type and cost, then the Board will decide whether desirab le and/or necessary. M/S PETERSON, BRADSHAW TO GO TO EXECUTIVE SESSION TO DISCUSS THIS MATTER, Mo tion carried as follows: AYES: NAYS: ABSENT: Burns, Beier, Bradshaw, Peterson None Frasier M/S PETERSON, BRADSHAW TO END EXECUTIVE SESSION, Motion carried as follows: AYES: 'AY S: ABSENT: VIII Burns, Beier, Bradshaw, Peterson None Frasier Publ t Onb Ci t y of En g l ewood Annu 1 - A copy of the R port was pre- st>nt d to each Member of ir perusal. Exec. Di r . slated lhh, 1lHlil r eport , J•1 J,aJirJ· uudlto, uf lluu»ln~ l'ru11rumo.,wub bubmiLLed lu dUO by the C1ly findn~e D part nt w-.lhout giving her, or th Board, a copy to review. Th first copy sh saw ub th one returned by HUD. Upon r - view of th Report it as discov red that the copi s submitt d to th Bo.lrd did not contain the Suppl ment Progr m S tion r quir d by HUD . Mr s . Jona ,will ob tain copi • of th suppl ntal reports from th Finance D - pa rtm nt to b revi we d at th next regular m ting. x. M/ nt fur Mr. !Ira 1uion r vill b AD llA , P TO MJOURN Till, M r.'rT C, MuLL un l.rrrh:d •• fullu .,: urna , u r at r tin w 1 r, adj ur d t n 5 P·•· • • • • - BOARD OF CAREER SERVICE COMMISSIONERS ss PRESENT: ABSENT: OTHERS PRESENT : JULY 21 I 1983 MINUTES JoEllen Turner , Catherine Pokraka, Janet Kerzic, Betty Keena, Donald Weber None None . * * * * * * * Chairman ~leber called the meeting to order. Commissioner Keen a moved, seconded by Commissioner Kerzic to approve the May 18, 1983 regular meeting minutes. AYES: NAYS: Turner , Pokraka , Kerzic , Keena, Weber None . Commissioner Turner moved , seconded by Commissioner Keena to approve the May 25, 1983 special meeting minutes. AYES: NAYS: Turner , Pokraka , Kerzic, Keena, Weber None. Commissioner Kerzic moved , seconded by Commissioner Pokraka to approv the June 13, 1983 special me ting minutes . AYES: NAYS: AY S: AYS: Turner, Pokr ka, Kerzic, Ke n , Weber None. Pokr k , K rzic, K n , W r • l I • • • • • Commissioner Kerzic stated that the Employee's Association affiliation with AFSMCE did not do any damage since they were the first to sign the new contract for 1984. Commissioner Keena stated that her concern about affiliation was not negotiations, but the dues structure and the constitution. Commissioner Pokraka asked if the Board had received any correspondence relating to the last ordinance on outside employment. Commissioner Turner stated that it had been tabled at past Council meetings. Commissioner Kerz~expressed her concern regarding the Baker Case and specifically, the pressures that the Police employees are exposed to. She inquired about psychological services that are available. Commissioner Kerzic stated that she would contact the Police Chief as a concerned citizen and make her inquiries. Commissioner Turner stated that the Board should discuss their rules and regulations. Chairman Weber asked that the Ben Craig, the Board's attorney be present at the next scheduled meeting for discussion. * * * * * * There being no further business, Chairman Weber accepted a motion from Commissioner Keena and adjourned the July 21, 1983 regular meeting at 7:25 p.m. g Secretary I . ( I. CALL TO ORDER. • • - URBAN RENEWAL AUTHORITY September 7, 1983 5:30 P. M. The regular meeting of the Englewood Urban Renewal Authority was called to order by Chairman Robert Voth at 5:35 P. M. Members present: Novicky, Voth, Cole, Fitzpatrick, McClung, Minnick, Van Dyke Powers, Executive Director Members absent: None Also present: Economic Development Planner Wm. Richard Hinson II . APPROVAL OF MINUTES. August 3, 1983 August 17, 1983 Chairman Voth stated that the Minutes of August 3, 1983 and August 17, 1983 were to be considered for approval. Novicky moved: Minnick seconded: The motion carried. The Minutes of August 3, 1983 and August 17, 1983 be approv d as written. III . REPORT OF SEC RETARY. A. Update on N satiations with Brady Ent rprises. Ms. Pow ra reviewed th to Mr. Voth would b built, Jn th P1 n. r 1 tha th uni a should b • 5 c • • • - -2- The matter of land ac quisition was discussed. Mr. Novicky exp r essed concern that if the Authority amends the Downtown Redevelopment Plan to include properties on South Acoma Street , this would relieve the redevelop e r of attemp ting to acquire these properties. Ms . Powers stated that Mr. Burgwyn had indicated that the re- developer would attempt to acquire the properties on South Acoma Street, even if they were listed i n the Plan. Mr . Minnick stated that there can be no construction of buildings in the flood plain, and until the downtown area is removed from the flood plain designation, there is no way some of the businesses in this area can be "jockeyed around." Mr. McClung stated that he felt we had to accept the fact that the Urban Renewal Autho rity will have to acquire all of the land. ~lr. Voth stated that he would ag r ee that the Author ity would have to acquire all of the land for th public improvements; he questioned that the Author ity would have to acquire property for private improvements. Mr. McClung stated that he felt it is imperative that determination be made on the location of the public imp r ovements . Mr. McClung stated that he is of the opinion the redeveloper has enough invested in the project now that he will no back out. Ms. Powers suggested that it has been suggested that the red veloper com up with a schedule on when he will complete his buildings. She pointed out that there is a statement in the latest draft of the contract that if th dev loper c annot obtain financing, the project is off. Ms. Powers stated that one of the questions that has arisen is how much should th City be committing until a determination is made on what Brady is committing. It is su g sted that th redeveloper wi ll be giv n 90 days to line up a hot 1 operator and obtain th financing for that d velop nt. Until thi is done, th Authority would not begin to acquir prop rty or co it any funds. Mr. Minnick u & It d that th solution to th flood plain mua b k pt a top priority; one th flood plain is r aolv d, redev lop n can proc d. a Mr. Fit~patrl k qu ation d Mr. to "acquir all th prop rty"; lol 1 nt of tb n d for the I a d h Auth rlty f r lo d c ntr 1 ui1itl or th1• • ( • • .. -3- Ms. Cole asked if it would be possible to go with an early acquisition on South Bannock Street. She noted that it would be less expensive to acquire the Bannock Street properties, and would show willingness on the part of the Authority to proceed with the flood control project. Ms. Powers discussed the matter of funds available to acquire properties at the present time. She noted that some acquisition cooid be done east of Broadway --these acquisitions would be only small parcels or slivers of parcels. It was the consensus of the Authority that acquisition should proceed on the sites needed for the flood control project. B. 3601 South Logan Street. Ms. Powers stated that a copy of the stipulation for immediate possession of the property at 3601 South Logan Street was included in the packets. The owners of the property have agreed that the Authority needs immediate possession of the site; this is not an agreement on price. A check in the amount of $270,000 has been deposited with the Clerk of the District Court in Arapahoe County, and the property owner can draw up to 3/4 of that amount prior to final determination of the selling price. City Manager McCown entered th meeting at 6:05 P. M. Mr. Minnick noted that it is now the responsibility of the Authority to get th weeds on 3601 South Logan Str et cleared off. C. 4702 South Washington Str t. Ms. Pow rs tat d that Mr. Ryb rg k d for an insp ction of th hous in his pr sene , which wa done arlier this date. Mr. Ryberg refu d to accept the ch ck in paym nt for the work done to this point in tim Mr. Ryb rg has in- dicat d that h will corr ct om of the items, such as th steps, which th insp ctions hsv shown to b in error. Oth r it ma Mr. Ryb rg has stat d ar not his r ponaibility, such a making sure th house is level on th founda- tion. Mr. Hinson discuss d probl with floor joist , tc. that hav b n di cov r d during the cour of th insp ctions. Ms. V n Dyk uggest d that perhaps th Authority should writ the B tter Busin s Bur au r gardin• this xp ri nee with this company. D. IV. In br Hr. John unyou of Brown , Bortz & Coddin on lops nt Pl n was in lud d for the information wyn of Br dy nt rpris s w r in- a. 0! cuaaion nau d. •• • • • • .. -4- V. NEW BUSINESS. Nothing was brought up under New Business. VI. PUBLIC FORUM. Mr. Haviland stated, in response to a query from Mr. Voth, that he had nothing to discuss under Public Forum. Upon a motion by Mr. Minnick, the meeting was adjourned at 6:35 P. M. • • • • • • WATER AND SEWER BOARD September 17, 1983 RANCH CREEK TRIP So The September meeting was held during the annual field trip to Ranch Creek. Charlie Best declared a quorum present. Members present: Members absent: Also present: Best, Haviland, Fullerton, Giseburt, Otis Gulley, Fitzpatrick, Higday, Lay Stewart Fonda, Director of Utilities 1) DOWNTOWN ENGLEWOOD REDEVELOP~IENT PROJECT LETTER. Stewart Fon da discussed the memorandum sent to Pete Vargas regarding the Downtown Englewood Redevelopment Project. Being that the letter was for the Board's information only, no motion was made. 2) GALVANIZED LINE REPLACEMENT ASSISTANCE. Stewart Fonda informed the Board that the current program of unearthing stop boxes and shut-off valves for homeowners boring out copper lines has been successful. It was recommended that the same service be offered to homeown rs of single family residential properties replacing service lines that appear to obstruct the flow of water. Mayor Otis moved; Mr. Fullerton seconded: Ayes : N ys: b rs abs nt: Motfon carri d. To offer the service of unearthing th stop box and shut-off valve to homeowners of single family residential properties, who wish to repl ce th fr servfce lin s that appear to obstruct th flow of w ter. Best, Haviland, Fullerton, Gfseburt, Otis Non Gull y, Fitzpatric , Higday, Lay • I • • • • - 3) AGREEMENT ~liTH STATE HIGHWAY DEPT. FOR THE LITTLETON RAILROAD DEPRESSION PROJECT. The Board was given a copy of an agreement between the State Highway Department and the City of Englewood for the Littleton Railroad Depression Project. The Board concurred with the agreement to relocate the City Ditch in a 54"/60" system, and reco1111lended that the Englewood City Council approve the contract, subject to the City Attorney's approval. Mr. Fullerton moved; Mr. Giseburt seconded: Ayes: Nays: Members absent : Motion carried. To reco1111lend to City Council approval of the agreement with the State Highway Department for relocating the City Ditch in a 54"/60" system. Best, Haviland, Fullerton, Giseburt, Otis None Gulley, Fitzpatrick, Higday, Lay 4) STANDARD UTILITY AGREEMENT FOR CITY DITCH. Stewart Fonda reviewed the Standard Utility Agreement, Minor Utility Adjustment for 210 ft. of the Ci ty Ditch to be relocated where it crosses Littleton Blvd. The Board concurred with the agreement. Ms . Hav i land moved; Mr. Fullerton seconded: 5) TRI-CITY TRUST/BR Mr . Gfseburt mov d; M . Full rton s cond d: To recommend to City Council approval of t Standard Utility Agreement/Minor Utility Adjustment with the State Highway Department, su bjec t to final approval by th City Attorney . DITCH. • Ayes : Nays : Members absent: Motion carried. • • • Best, Haviland, Fullerton, Giseburt, Otis None Gulley, Fitzpatrick, Higday, Lay The next Water and Sewer Board meeting will be held October 11, 1983 at 5:00 p.m. in the Library Conference Room. Respectfully submitted, ,,:;.2,. ~ Recording Secretary p 0 3 • • • • .. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION September 20, 1983 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P. M. by Chairman Becker. Members present: Steel, Tanguma, Venard, Becker, Barbre , Carson, Allen Romans, Ex-officio Members absent: McBrayer II. APPROVAL OF MINUTES. Chairman Becker stated that the Minutes of September 7, 1983, were to be considered for approval. Tanguma moved: Steel seconded: The Minutes of September 7, 1983 be approved as written. AYES: Steel, Tanguma, Venard and Becker NAYS: None ABSTAINING: Barbre, Carson, Allen ABSENT: McBrayer The motion carried. III. COMPREHENSIVE ZONING ORDINANCE. Chairman Becker stat d that th R-2 I dium Density R sidenc District a ction of th Compr hensiv Zonin Ordin nc w open for discussion. Mrs. Romans list d p rmitt d use for th R-2 M dium 0 nsity R sid nee Dis- trict: singl -family d tach d and attached dwellings, two-family dw llin s, multi-family dwellings, religiou institutions, ducational institution and public facilities. • ) • • • .. -2- Mrs. Romans said the main change in this section is the provision for the single-family attached dwelling, which is being limited to four units at- tached. The single-family detached units require the same frontage (50 feet) and lot area (6,000 sq . ft.) as in the single-family district. The single-family attached unit can have 25 foot frontage and 3,000 square feet of lot area; the duplex requires 50 feet and 6,000. The triplex re- quires 75 and 9,000, and the fourplex must have 100 foot frontage and 12,000 square feet of lot area. Mr. Barbre asked why the day care centers were taken out as a permitted use. Mrs. Romans said that the City wants to regulate and inspect the day care centers, and the Planning Division had changed the use to a Con- ditional Use, which will require a public hearing and give the neighbors a chance to comment. Mrs. Romans said that it is proposed that the setbacks will remain the same in the R-2 District. The Commission asked that the section conform with the changes made in the R-1 areas, requiring a 200 foot frontage and 24,000 square feet of lot area for religious, educational and public facilities, and changing the minimum front yard from 25 feet to 15 feet, or a formula based on the setbacks of the neighboring houses. Mrs. Becker asked if the Commission had not suggested the requiring of lett rs of approval from the neighbors for setbacks which are substantially different from the neighbors'. The minutes did not show such a decision, nd discussion followed. Mr. Allen said he did not want n ighbors involv d. Mrs. Romans said that the letters are required for fences. Mr. Allen stated that it causes problems between neighbors. It was decided to check with the at- torney to se wh t could be don about notification of n ighbors. Mrs. Romans id that 50% of usabl op n pace would b r quir d in th R-2 District, and th ttach d dw llings would hav a 0' lot lin setback. Su an Kin aid th t th s tback for public, ducational nd r ligious buildings would also hav to b incr as d from 20 f ~t t o 25 f t to o alon ith th lncr a d front 8 r quir nts. • in ) • • • - -3- Mrs. Romans said that hom e occupations have been a problem, and they have tried to clarify rules. They wanted firm rules especially to regulate dangerous occupations such as ammunition making, as well as occupations which would annoy the neighbors or affect the residential character of the neighborhood. Chairman Becker asked why barbers, hairdressers and cosmetologists or beauticians were excluded from Home Occupations. Mrs. Romans said that this is sometimes controversial, but the arguments have concerned the increased load on drains and the difficulty of supervision for sanitary conditions. The people who wish to operate a barber or beauty shop in their home still have the option of going before the Board of Adjustment and Appeals for a variance. Ms. King stated that "(2) Group Homes" should be included in the Conditional Use , so that it is possible for a group home to be included in the neighbor- hoods. Mrs. Becker asked why developmentally disabled were allowed in any zone, while other disabilities were not. Mrs. Romans said that the State law requires provision for the developmentally disabled, but not the mentally or social ly disabled. Mr. Tanguma said that there should be no objection to group homes for the elderly. Mrs. Becker agreed that group homes should be permitted under Conditional Use. Mr. Allen referred to a group home for girls close to his office, saying that, while he could see reasons neighbors would obj ct, he f lt th homes should b permitted. R-2-C District. Mrs. Rom ns aid th t this district is th sam as th R-2, exc pt that ther cannot b mor than two units attached. Triplexes nd fourpl xes will not be p rmitt d. Mr • B cker said that sh thought that th progr ssion of the ection of th ordinance would get 1 ss nd less re trictiv , bu this zoning was mor r strictiv • Mrs. Roman said that in this case , the dis- trict was d veloped for the citizens in orthwest Engl wood and for peopl on Lincoln , Sh rman and Gr nt outh of Kenyon. Th p opl in th se areas did not want he bulk of multi-unit housing, but w r willin to have two att ch d unit • Hr. Car n sk d if the alleys lop d i n Northw at lngl ood. 'Ira. R n a a id that th a tr d v lop d. Th at th last m ting for six two-unit attach d utility polea b r oved fro th c nter v 11 bl for th Fire D part• nt b for • ) • • • • -4- The sideyard for the "Other Permitted Principal Uses" should be changed to 25 feet on each side. The detached and attached garages and storage shed sec tions should conform to the changes made in the other zone district regulations. Home Occupations remain the same; however, if the Commission does decide to permit beaut y shops, barber shops, etc. the change should probably be the same in each of the R-2 zones. Mr. Carson asked Mrs. Romans to check with the Building Division to see if a beauty shop requires a larger drain pipe. Mrs . Becker asked Mrs. Romans to check with the Health Depart- ment to see if they regulate these shops. Mr. Tanguma said they could be allowed if they were regulated. Mr . Carson agreed, provided the shops com- plied with the Building Code. Mr. Stoel reminded the Commission that neighbors may not like a shop in the neighborhood. R-2-C SPS District. Mrs. Romans said that the regulations for this district were developed with the assistance of the citizens of Northwest Englewood and the Planning Division. She used an application submitted to the Board of Adjustment by Dennis Niernberg to show how the Special Permit System works. Mr. Carson asked what happens if one of the applicants before the Board does not want to go through the system. Mrs. Romans said the Board is requiring it as a condition for a variance in that neighborhood. Ms. King stated that Mr. Niernberg wanted to build twelve units in six buildings on Vassar and Hillside. He had enough land for only five build- ings. He n eded a variance for lot area and frontage and al o the off- street parking. He was providing a one-car garage and pl nned to hav a p d between the buildings for parking. The Citiz ns Comm ittee did not lik the pad s it made most of the front yard cem nt and th re would b little gr n area. They said they would support th front yard off-str t parking if th r could be mor 1 ndscaping, o Mr. Nie rnb rg appli d for a varianc to have on parking sp c in the r quired front s t b ck. M • King said the units uld hav a full b sem nt, two full b droo and study, and f mily room with door leadin to th back yard. They hav fir pl c master b droom which 1 11 x 14. Th pplicant has aid h hop a o th units for round $60,000, Mr. Ni rnb rg said that if h could g xtr units on th property, it would low r his c ns ru tion costs. • • • • • -5- houses in the area. Mr. Niernberg came out with a positive score, which made the neighbors and Planning Division feel that they could recommend the variance. The Board made a condition that grass must be planted before the Certificate of Occupancy was granted. Mrs. Romans said that this system is very flexible, and can be changed as conditions change. Mrs. Becker said this neighborhood likes to have control over the development in the area. Mrs. Romans said they hoped to have this an official zone classification in this area. Ms. King said that at the last meeting of the Board of Adjustment, Mr. Niernberg was requesting similar variances for a new single-family attached development. Some of the neighborhood did not approve of the project, but the Citizens Committee did feel that it met the requirements of the Special Permit System. Mr. Carson asked if this system were adopted, if it would apply to the whole of Englewood. Mrs. Romans said that it is proposed that it would apply only to the northwest Englewood area. Mrs. Becker said that this neighborhood had felt isolated, and this wou ld help them be a part of their development. Mrs. Romans said that an encouraging featur of this system is that Council- men Bilo, Fitzpatrick and Bradshaw, nd Mayor Otis, attended Saturday morning meetings with the Citizens Committee as did Mr. Carson. The Commission agre d that, b cau e they had be n through the Special Per- mit System before, it wa unn cessary to go through it again. Mrs. Romans said that she would give the Co .. is ion a core she t. R-3 District. Mrs. Romans gsv th Commission copi 1 of th R-3 Zone District, and they d cid d to discuss it at th ordinanc session. Mrs. Romans aid that th R-4 S ction ut to the members. She said that the doYntown di trict would hav don b cau of the ch nge s in the P1 n. Sh sugg st d that th H arings b divid d so that not 11 s ction of th Zoning Ordin nc would hav to b heard on th a ni ht. Mrs. B cker sk d if th Public H aringa could b gin s soon as th Commissi n had finish d r th identi 1 ctions . r • Romans said that th y b Th r wa s no furth r discus ion n th Zoning Ordinanc • IV. PUBLIC FOR Th r 11 V. ATTO Th r 11 VI. r Dtr dara al C wlth no Pu 1 ir l"oru no Attorn y 'a Choic . • lO I • • • • • -6- The Littleton Planning Commission Chairman has invited the Englewood Planning Commission to meet with them. The Commission members asked Mrs. Romans to suggest October 6 as a date for the meeting or a Saturday morning breakfast. VII. COMMISSION'S CHOICE. Under Commission's Choice, Mr. Tanguma said that he was having problems with water pressure, and asked what the status of the water tower is. Mrs. Romans said the matter is in the courts. Mr. Tanguma discussed the Urban Renewal Authority Minutes of August 3rd and August 17th. Mr. Allen asked what was happening with the Redevelopment Plan. Mrs. Becker said that there had been so many changes, she assumed it would have to come back before the Commission. Mr. Allen discussed the concern some business people feel because there is no longer an Englewood Chamber of Commerce. The Centennial Chamber of Com- merce has suggested that they form a task force designed to take care of Engelwood's problems. The Centennial Chamber covers Engelwood, Littleton, and parts of Jefferson, Douglas, Arapahoe and Denver counties, and some businessmen feel the Chamber is more concerned about development in the Tech Center area than in Englewood or Littleton. Mr. Allen reported on a trip to Longmont and the information he gathered on their trash collection. He said that the new trucks, cans and employment program are so effective that the workers are off by noon each day, and the City is receiving a profit of $200 ,000 a year on charges of $4.25 per house. He said that in Englewood, citizens are paying $7.00 and more. Mrs. Becker expressed an interest in the National Jewish Hospit 1 program of m thane burning, and he said she would look into it. Mr. Allen said that there could be problems with taking over a business from th companies which are now doing th trash collec tion. Mrs. Becker stated that ther was a r ques t from the Executiv Board in th GOAL MI ER, gazine for th Colorado Chapter of the Am rican Planning Association, requesting th appointm nt of a Planning Commissioner to serve s an advisor to the Chapter. Sh said th t she would b interested in serving and a ked if ther w r any oth r Commissioner int r sted. No on said that h y would like to a rve, and Mrs. 8 cker said that with th Committion ra' pproval, sh would hav h r n m submitted. Thr 9:2 w 1 no furth r bu in Is, P. M. tary Pro-t• nd th Chainun djourned th 1D t ing at I • ' • • • ~IE~10RANDUM TO: Andy McCown, City Manager ;P FROM: Sharon Winkle, Director of Libraries -Y D\TE: September 29, 1983 UHJECT: Library Staff Attendance at American Library Association Conference ttended the 1983 American Library Association Annual Conference in Los Angeles from June 25 -June 30. Ann Trowbridge, Administrative Assistant/Library, also attended from June 24 -June 30 . Primary goals related to my attendance were: 1) On-site visit to the Thousand Oaks Public Library in Thousand Oaks, California. This Library was presented with a 1983 American Library Association/American Institute of Architects Award for Excellence in Library Architecture. It is a 50,000 + square foot stand-alone structure. T~is is slightly larger than the current or projected library facility for Englewood, but the design princi- ples and solutions still apply. My main interest in visiting the Library was to observe and discuss its i llumina tion design -a key factor in the provision of a usable library facility. The Thousand Oaks Public Library has received national aw ards from the Illuminating Engineering Society of 'orth America for both its Task/Ambient Design and Dayl8hting Design. I observed the l1ghting 1n the building to be remarkably well drspersed and (to my eyes) totally glare free. The Daylighting design allows light to enter the building for interior illum1na ion without excessive heat gain. The use of a computer modeling allowed the arch- itects to create the most energy efficient design for the building in term of lighting as well as climate control and ventilation. .) In addition to the chance to view & evaluate the building w also have copy of the building program which was developed by the Libr ry St f with th 1d of Robert Rollf, well-known library building con ultant. It was a good learning experience to review h building progr m nd then see it tnnslated into reality 1n the fini hed building. r: po ur to arch r I t d t o libr ry u er cceptance/u 0 ut teJ puhl ic cce lh 10 ir I co n .,.,. • I • ' Memo to A. McCown September 29, 1983 Page 2 • • • local data bases. This last point confirmed a belief I already hold. Although I must say that I was compelled to compromise my view in order to bring in a recommendation for Library data processing that would meet with funding approval from your office and City Council. 3) Discussion of successful marketing of public libraries and public library service. The most informative session I attended in this area provided me an opportunity to discuss public relations and marketing strategies on an individual level with experts from libraries having award-winning programs. It was at this session that I firmed up my conception of the Library Remembrance Fund - a program which I hope will grow over the years and provide an additional source of revenue for the Library. 4 ) Opportunity to discuss new programs/technology wi th colleagues from other parts of the country. There were 2 developments which I emphasized in my discussion with representatives from other public libraries. The first of these is a new automated circulation control system being developed by Ohionet for use in single or multi-library environments. This system may be of interest to Englewood in the future so the opportunity to establish contact may prove quite helpful. The second area of interest in terms of new library technology is the establishment of experimental community information networks b sed at public libraries. I had the opportunity to discuss a very interesting prototype project with a rep - resentative from one of the participating libraries . Ann Trowbridge had a chance to talk with the Director of the lead library -th Public Library of Co lumbu s and Franklin County (Ohio). Ann's primary responsibiltiy (in addition to observing the Thous nd Oaks building) was to attend all sessions related to library architecture. She accomplished thi bringing back some very useful information part icularly about modular construction of library buildings. Perhaps one of th most important meeting Ann attended w "lUma n Response to Libr ry Equ ipment and Spaces" wh ich focussed on u er reaction to equipm nt & space s contrasted to architect ' exp ct tions. This inform tion will h lp us plan n w l1br ry f cility (if ne cessary) wh ich will b both physically psychologically comfort bl for u er and, th refor , mor u abl nn cone ntr t on equipa nt nd urniture v ndor durin& h r att ndance at th exhibit s ociated with th confer n e in order to b in to aath r information bout such produc and ources. If eore tn o~ tion ld be help ul a thts i pl e let • now. ~-2 • 3 d& I • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N AGENDA ITEM October 10, 1983 {_p SUBJECT State Highway Department Work Program for Fiscal Year 1984/1985 I NITI ATED BY ------~C~i~ty~P~l~a~n~n~i~n~g~an~d~Z~o~n~i~n~g~C~o~mm==i~ss~i~o~n~--------------------- ACTION PRO POSED, ____ ~A~p~p~ro~v~e~p~r~o~je~c~t~s~f~o~r~t~h~e~F~-~Y~-~1~9~8~4~/~8~5~H~i~g~hw~ayL-W~o~r~k~P~r~o~g~r~a~m~ and refer them to the Arapahoe Cou nty Co mmission e r s . INTRODUCTION: You will recall that each year a t this time, the County Commissioners in each of th Colorado counti s ar invited t o identify those highway-related maintenanc and/or construction projects within the county which they feel should be included in the Highway Department work program durin g the following fiscal year. These requests ar submitted to the State Highway Commissio n ers a t a series of publi m et ings following which the Highway Commission rs, together with the Highway D~partm nt Staff , d termine the projects to be und ertaken. In ord r to prepare a comprehensive proposal , the County Commission th munictp lit! s within th ir jurisdiction to submit work program c n b included in th County request. Th County Engineer pr p r for improv men s in th untncorporat d s tions of th County. The En lewood requ st i pr par of th Dir ctor of Public Works ltt"d to th City Planning nd Counci l with any dditl na City Council th Arap h rs ask ach of proj cts which the r qu st nd, nd, I . • • .. • that the U.S. 285/South University Boulevard intersection be upgraded to provide double left-turns and free-flow right turn lanes. It is suggested that the Com- missioners request a study of the Belleview matter in the 1984/85Work Program with implementation in the 1985/86 Work Program. Th e University/U.S. 285 request is added in cooperation with Cherry Hills Village. I.f Englewood is to continue to accommodate the heavy volume of local and through traffic safely and efficiently, these improvements must be undertaken. It is recommended that the City Council forward these requests t o the attention of Mr. Tom Eggert, Chairman of the Arapahoe County Commissioners, for inclusion in the Co unty F.Y. 1984/85 Highway Work Program proposal. SUGGESTED ACTION : MOVED BY ______________ _ SECOND _________________ _ Y s _____ .-NO ______ _,.BSENT ____________ _ • • • • .. STAFF REPORT Page -1-HIGHWAY WORK PROGRAM Case #17-83 STAFF REPORT RE: The projects which the City of Englewood request to be funded in the State Highway Commission's 1984/1985 Work Program. DATE TO BE CONSIDERED: October 4, 1983 BACKGROUND: It is that time of year when the municipalities and counties through- out the state must submit requests to the State Highway Commission for pro- jects which they hope to have included in the State Highway Department Work Program for the following fiscal year. These are projects for which there may be state or federal monies available for implem ntation. You will recall that the request s of the municipalities are sub- mitted to the County Commissioners to be incorporated into a county re- quest. The county requests for the Federal Aid Urban System are then submitted to the regional planning agency which valuates the requests as to environmental impact , magnitude of the project, degree or urgency, and so forth, and then th regional agency coordinates the r quests for the counties within their region. The counties then s nd requests relative to the State Highway System to the Highway Commission, with a copy to the regional agency. The State Highway Commission hold h arings in tim th County Commissioners and city repreaentativ he tate hav an o ppor unity to explain the urg ncy ne ds t o th Co i s ion r • It is then up to th Hi m mb e r s t o det rain e whi c h projects can be fund d. la t ovemb r t which a from all ov r o f th ir parti c ulr hway Co isaion I • • • • - STAFF REPORT Page -2- HIGHWAY WORK PROGRAM Case 11 17-83 east to South Clarkson Street by adding adequate left-tum pockets, or storage lanes, to accommodate the left-turning movement at intersections and at entrances to existing and proposed development in Englewood and in Littleton. Attempt s to restrict left-turning movement into and from the pro- posed high-density projects on the south side of Belleview west of South Broadway are not and will not be observed by most of the people living in the multi-family developments. With the anticipated development of the Bro c k property, it makes it extremely urgent to address this situation. We may want to propose that a study of prevailing and projected roadway and service conditions be undertaken in the 1984-85 Work Program with implementation in the 1985-86 Work Program. After the Commission's review, a recommended list of projects will be forwarded to the City Council for its consideration. The projects ap- proved by the Council will then be referred to the County Commissioners. It is as s umed that the following classifications will be under c onsideration again this year. A. Construction Projects on the State Highway System. -B. Additions to the Federal Aid Urban System. -C. Construc tion projects on the Federal Aid Urban System. I . Request s t o the State Highway Commis s i o n for inc lusion in the F.Y. 1 984/85 Work P rogram. -A. Co n s truc tio n Pr oject s on th Stat Hi ghwa y Sys t m: 1. So u th Sant a Fe Driv : a . Th co n s truc tion o f an in t r chang at the inte r s e c tion of West Dartmou th Av nu a n d Sou t h Santa Fe Drive. 2 . u. s. 285: a. The construction of a one-way couplet be tw en South Broadway and South Santa Fe Drive util1~ing t he p r es nt alignm nt of U.S. 285 and W at Ithaca Av nue , a nd th up rading of the U.S. 285/South Broadway in t r c ha ng as a part th r of . b. Th xt naion of tha drain ayat • alon g U.S. 2 8 5 c. to take care of th ah t flow acroaa U. S . 285 betw en South Oowntna Str t and South P arl S r e t . • 285 inter - urn Ian 1 I • • • • • STAFF REPORT Page -3- HIGHWAY WORK PROGRAM Case 1117-83 3. Belleview Avenue. a. Upgrade to provide adequate left-tum pockets to ac- commodate the turning movements at intersections and at access points into existing and proposed develop- ments. II. Requests Relative to the Federal Aid Urban System. -A. Construction Projects on the Federal Aid Urban System. 1. South Broadway from Yale Avenue to Floyd Avenue to be widened to the same width as South Broadway from U. S . 285 to Qui~cy providing left-tum pockets and a land- scaped median, and from Quincy to Belleview to be pro- vided with a landscaped median. review these projects and be prepared to suggest additions, modifications, or deletions at the meeting on October 4. If the Commission can act on the matter that night, it can be referred to the City Council for consideration. I • • • • - CITY OF 1A ENGLEWOOD, COLORADO 6 NORTH -£ Up rad lnt rchana . On -way c upl t. I orrartlon of ah t-fl w. • Uparad inter• ct on. 5 . Provid or 1 f -urn IMlV ·nt a . P •7t " V. 4 •1 ) • I . • • • CITY OF ENGLEWOOD, COLORADO 6 NORTH • I II 1. South Bro dway: Wld n to 1m wldt froa Y 1 to Floyd nd fro• QuJn y to 8 11 vi with plant d m dl n Cr u. s. 285 to Quincy. • 2A I . • -• • • St ete of Cotor aco Oe oa,ment ot H •Q,ways T ransoor111 10n Ptanr,.ng Out•t •on 0 0 h Form No !>0 7 Dat e : _9ctob~':..! 1983 PROJECT REQUEST Re ... Septemoer 1981 FIVE YEAR HIGHWAY IMPROVEMENT PROGRAM DEPARTMENT OF HIGHWAYS STATE OF COLORADO T o Be Comp l eteO By Orogmator NOTE TO ORIG IN A TO R ProJects loce ted w •t tun des•gna teo urban•zed areas (50.000 or greater populetton ) must be '" the Tra n spof1 at •on l mpro ... emen t P rogram (TI P ) adopted by the Metropolitan Plenn.ng O r gantlDh on (MPO) belore Budgettng e nd Consltuct•on can begtn Requestmg Agency City of Englewood 2 Name ano T 1tte ot Representat •ve . Eugene Otis , ~lay or 3 Proposed ProJeC t IS a ) State H •gh way Number b) Federa l A •d Urba n Number C I Local Road No. 0 ) New Road? SH /I SS (Yes or No) M •le Post M ile Post M1le Post M ile -------to Post M1 te -------to Post M1le -------to Post 4 I s aOd •t 1on to the S H . or F A .U . System bemg requested? ---------::---,------- .(S.H ., F .A .U) 5 Oescnbe the spec 1f 1c location of the prOJeCt. In t ersection of We st Dartmouth Avenue and South S nta Fe Drive. 6 I S the proposed proJeCt 1n the currently adopted F1ve Year Program? __ .,;X~X::_ _______ _ (Yes . No) 7 11 ~o 6 1s yes .· 1nd1c ate the type and e•tent . •f any, ol the change bei ng requested Con. truct!on of an tnt rchange at th bov ~ntion d loca tion. 8 t~O 6 IS NO a Nature of th proJeCt be•ng r equested b ) What problem w •llthe pro tect solve?----------------------- 11 ht oro,ect 1nc:tuded 1n any toca t or reg10nal plan? tO I' 9 1 Yea apec•fy the date and Iitie ol the plan HOH w ould you nume11ca11y ran thtl prot ct1n tmportence relalivo to ell protecta b81ng aubm1t1eo tn yOu• area llnctuo thoaa prOJ eta 1n the currently aoopled F1ve Veer Program )? Pr.onty No g1n M P Prote Ct Length ... • Rout N o II m N o • ~4 1• Ol CoiC><aOO e o~tr'lm ent of M•gnways ansoortaltO n P Ja n n tng D•v •~·on 0.., form N o 5,07 h Septembe r 198 1 T o B e Comp l etea By 0 fl gtnat or • • - Da te October 4 19_~_3 __ --- PROJECT REQUEST FIVE YEAR HIGHWAY IMPROVEMENT PROGRAM DEPARTMENT OF HIGHWAYS STATE OF COLORADO NOTE TO OR IG I NA TO R P ro1 e cts loca te d w tU'un dest g na ted urbant zeo a rea s (SO .OOO or g rea t er popula t ton) must be '" the Tran spo r t at+on l mp r o~teme n t Program (T IP) adopted by t he Metropolit a n P l anntng O r g an•za !lon (MPO) b efor e Budg et•ng a n d Consuuc11 o n c a n b ecp n 2 3 Aequ e sttng Ag e n cy Ci ty o f Englewoo d Name ana Tt tle of Rep resentat tve Eugene Otis, Mayor Pr oposed ProJect ts a I State Htghway Number b) Fede ra l A oa Urban N umb er C ) L oca l Ao aa N o . 0 ) New Roaa ? u.s. 285 (Yes or N o) M ol e Post M ile Post M ole Post Mole -------to Post M ole ------to Post Mole to Post 4 Is a dd •t•o n to the S H o r F .A .U . Sy stem b eong reque ste d ? __ _.w_ ____________ _ .(S H . F A U ) 5 Oe scro be the specofl c l ocation of the pro1ect . U:..:..· ...;S:..:..· ...;H:.:.i::Jga:h:.:.w:;;a~yf--::.28::.5::.._-"-(H=======.;._=~-W:.:.e:.:.s:.:.t_ Ithaca Aven ue between South Broadway an d U.S. Highway 8~ Drive). 6 Is tne proposed proJeC t on the curre ntly ad opted F ove Year Program? _______ .::XX:::._ ___ _ (Yes . N o) 7 If No 6 tS yes . on a oc ate th e type and extent . of any, of the change be ong reque st d 8 II No 6 tS No a ature ol th Hiahway 285 I s the p r o tect 1nc 1ud d on any local or regoonal plan" 10 o '' t1 sp c oty the date and totle ot tne ptan egon M P PtOt ct L ngth ·- • • • • - ~••• of Co•o••co ec,c~~rnent ot M•Q"""•r s anso ort at •on P lan n tng 0 "" s oon 0 H Form No !>07 h Seo 1emoer 1981 PROJECT REQUEST Date Oct ober 4, 1983 FIVE YEAR HIGHWAY IMPROVEMENT PROGRAM DEPARTMENT OF HIGHWAYS STATE OF COLORADO To Be Comp letec By Orogonator t~C TE TO O~IG I ,...ATQF-t Pr o 1ects loca tec w tthtn destgna :eo ~w~rbant.r:eG a r eu {~.000 o r greater popula lton) must be tn the T r 11 n spon.e 1ton l mpro~~~ement P rogram ('TI P) aCiopted by the Metropolita n Ptanntng Organ•za tton (MPO) before 6udgettng a no C onstruchon can beg"' 2 3 Requestong Agency _____ C~i~ty~o~f-MEn~&•l~e·w~o~o~d-------------------------------------------- Eugene Otis, Mayor Name a nc Totl e ol Representat ••e . Proposed Prore ct •s a ) State H oghway Number b ) Federa l A •C Urban Number C ) Local Road No. C ) New Road? u.s . 285 (Yes or No) M •l e Post M ile Post Mole Post Mole --------------to Post M•le -------------to Post Mole to Post .: I s aCC•t •on to the S H or F A .U . System be on g requested? _____ ...,.._ ______________________ _ .(S.H . FA U) 5 Descr~be the spec•f•c location of the prorect and South Pearl Street. U. S, Highway between South Do wning Street 6 •s tne proposec pro,ect •n the currently adopted F ••e Year Program? XX (Yes . No) 7 11 o 6 •s yes .· •n d•cate the type and extent •f any of the change be •n g requested 8 9 0 c t •n ct uded '" any loc a l or reg•onll pt1n' 'I' t sp c •ly the oate a n o Iitie or th plan tina o f s t o ~ runoff r ro s s the • ~Ute ot Cotoraoo Oe o .. .,mer'lt Of H tQF'IWI)'S Ttansportall on P la n,.ung D•v•s•on 0 0'"" fonT• No ~7 • • - Dat e October 4~~ ___ _ PROJECT REQUEST Rev September l98l FIVE YEAR HIGHWAY IMPROVEMENT PROGRAM DEPARTMENT OF HIGHWAYS STATE OF COLORADO To Be Comp l eteo By Orogonator NOTE TO ORtG I NATOH ProJects located w ttrun des•gna t ea u,Dantted areas (!>0.000 or greater populatton) must be '" the 'Transponat•on I mprovement Program !TI P ) adopted by lhe Metropolitan P lanntng Organtzatton (MPO) belore Budgeting and Con struCt •on can beg tn Requestong Agen cy City of Englewood 2 Name ana T1tle o f Representatove Eugene Otis , Mayor 3 Propose d ProJeC t IS a l State H1ghway M1le M ile N umber SH 177/U .S.28S Post to Post b) Federal A 1d M ile M ile Urban Number Post to Post C) M11e Mile Local Road No. Post to Post 0 ) New Road? (Yes or No ) .: I s add •l•on to the S H or F A .U . System be 1n g requested ? -~N::.:0:._ _____________ _ .(S .H .. FA U) 5 Descflbe the spec1flc location of the pro1ect . The intersection of S. University Boulevard (SH 177) and U. S. 285. 6 Is tne proposed prOJeCt 1n the currently adopted F1ve Year Progr am? _______ _t!N~o ___ _ (Yes. No) 7 11 o 6 1s yes." ond1cate the type and extent . 11 any . ot the change be1ng requested 8 II ct tncludtd 1n eny locll or rtQ10o1l plan? Y ' sp c1ty tne oa e end tnle ol the pten tg•n M Pro1 ct l ngth .m. and p.m. traffic cannot XX Yes----No ---- Rout o It m No • • • • - ~te ol C~IO<OOO I P4'1ment or H•~nways a nsport at•on P1anrung O•v•s •on 0 H Form No ~07 Date October !L, .ill.J _____ --·-· PROJECT REQUEST ~ ... September 1981 F I VE YEAR H I GHWAY IMPROVEMENT PROGRAM DEPARTMENT OF HIGHWAY S STATE OF COLORADO To Be Completed By Ortgtnator N O TE TO O~IG I ,...ATOH Protects located w•th•n Clu•g n•teo Yrban•zeo a rNa ($0.000 or greater popul at•on) must be •n the Transponal!on Improvement Program (TIP) adopted by lhe M elropolltan Ptann•no Organ•ultlon (MPO) before Budget•ng and Consuuct•on can begu., Requesttng Agency City of Englewood 2 Name and Tttl e of Representative . Eugene Otis, Mayor 3 Proposed Project IS . a) State Htghway Number b .) Federal Aid Urban Numb er c) Local Road No. 0 ) New Road? 11 88 (Yes or No) M tl e Post M 11e Post M1le Post M1le -------to Post M ile -------to Poll M•le -------to Post ~ Is aOO•t •on to the S H or F A .U . System betng requested? __ ..:.N"'o"-------------- 5 Oescnbe tne spec•ltc location of the pro1ect . .(S H .• FA U) Belleview Avenue from Sou th Winderm re Street east through the South Clarkson Street intersection. 6 Is the proposed proJect tn the currently adopted F1ve Year Program? ________ 0 ___ _ (Yes . No) 7 If No 6 15 ··yes :· •n o•cate the type and utent. 11 any . ol the change be1ng requested 8 If No 6 IS ··No a ) Nature ol the pro1ect be1ng requested 9 o 11 ~.o ll " Y s out o It "' • ) • • • • BELLEVIEW AVENUE (Continued) 8 a. service conditions be the subject of a comprehensive study in the 1984-85 Work Program, and corrective measures taken in the 1985-86 Work Program. • ) • • • • • -:,tate ot C o torao o Oer.y~,ment ot H•ghways Transportatton Ptann.ng D•v•s •on 0 0 M Form No S07 PROJ ECT REQUEST Date . --O c t o~:_r -~?-~_:3 ____ _ Rev SeptemMr t981 FIVE YEAR HIGHWAY IMPROVEMENT PROGRAM DEPARTMENT OF HIGHWAYS STATE OF COLORADO • To Be Completeo By Orogonator N O TE 'T O ORIG INATOR Pr o,ects located w ttl'un dea•gna teo urbamzed a reaa (50,000 or greater population) must be tn the Transponat•on lmproyement Program (TIP) adopted by the M etropolitan Pla nnmg Organ•zat1on (MPO) before Budget•ng and C o n strYCt•on can begtn Requestong Ag e ncy City of Englewood 2 Name ano Totle of Representetove . Euaene Otis . Mayor 3 Proposed Protect os a ) State Hoghway M ole M ile Number Post to Post b) Federal Aod M ol e M ile Urban Number Post to Post c ) Mole M ole Local Road No. Post to Post 0 ) New Roao? (Yes or No) I s add •t •on to the S H or F A .U . System beong requested? __ N_;0::._ _____________ _ .(S.H .. FA U) 5 Oesc ro be the specohc locatoon of the protect . South Broadwav from Yale Avenue to Floyd Avenue , and from Qu inc y Avenue south to Belleview Avenue. (Yes . 7 If o 6 os yes," ondocate the typa and extent. of any. of the change beong requested p rotect sol ve.,------------------------ o It end t•tlt or tl'lt plan • • • • • • MEMORANDUM TO: ENGLEWOOD CITY COUNCIL REGARDING RECOMMENDATION OF THE PARKS AND RECREATION COMMISSION DATE : September 22, 1983 SUBJECT : HECOMMENDATlON TO CITY COU CIL THAT SOLAR HEATING BE ADDED TO THE COt+!UNITY CENTER RECOMMENDATION : Request, by unan imous vote of the Parks and Recreation Co mnission, that all efforts be made to add the solar heating syste11 to the community center in order to conserve fuel costs . Linda Wilks, Recording Secretary • • • -• • • • C 0 U N C L C 0 M M U N I C A T f 0 N ·----------- • .:i1 I b. October 3, 1983 AGENDA ITEM l.oB SUBJECT Solar Heating for Co mm unity Center •II I "i"IATI:.JJ 13Y ___ The Englewood Parks & Recreation Con1111i ssion ~ . I JOr PHOPOSED h.d.d .a.....s..Q..la.r heating system to the new Community __ !;_~ter._f_gr:_t_he swimming pool, . ---·-----------------. ----- Introduction During the initial stages of Community Center design, the solar collectors for heating the swimming pool were considered as optional pending a detailed report as to cost of th building, cost of the solar heating, annual estimated savings for heating costs, and ter~ of actual payback. Background A detailed report has been prepared by Osbaugh/Hi ller & Assoc iates, Inc. indi cating that a solar heating system In combination with the pool covers approved for purchase with lottery funds would save the City $10,560 In heating costs the first year and reach a payback In 8 years. The life expectancy of the s olar collectors is 30 years, while life expectancy of the pool covers Is ten years. Alternatives We have explored various combinations to ~lntain heated water In the swimming pool the new Community Center. Th re r two-accept d n thods of doing this : 1) a sol ar cover, and 2) a solar col lector syste Th following lnfor t lon shows th annu I natural gas avlng and paybac for the combinations an1lyzed: turtl ga co t I li t r tural av l ng ln v st n t II $20,260 r $15,260 $ 5,000 12,000 2 rt . ~~ 9,700 $1 ,760 10,560 5,500 107,000 95,000 8 Yrs. I I Yrs, (17 r • /n in latlon on t ' I • • I I -I • • . I ~ I • • • -2- Recommenda t ion : That the solar collectors be bid as part of the Community Center bid package as an alternate option. Estimated Costs -$95 000 Presently there appears to be a $390,000 contingency for the Community Center Project. The $95,000 for solar collectors would come from this contingency. SUGGESTED ACTION: OV D BY o ______ _, I • • • • C 0 U N C I L DATE October 13, 1983 • • - C 0 M M U N I C A T I 0 N SUBJECT Board of Career Service AGENDA ITEM 6 c Commissioners Recommendation INITIATED BY Board of Career Service Commissioners ACT 1 ON PRO PO SED ____ c_o_n_s_i_d_e_r_a_t_i _o_n_o_f_t_h_e_ao_a_r_d_o_f_c_a_r_e_e_r_s_e_rv_i_c_e_c_o_nun_i_s_s_i_o_n_e_r_s recommendation relating to Council Bill No . 35 BACKGROOND On September 6, 1983, the Englewood City Council passed on first reading Council Bill No. 35 which amends c rtain s ctions of th Administrative Procedures. A letter wa s sen on Sept r 7, 1 83 to th Chairman of th Board of Career Servic Coa.ission ra sta ng th t Council B 11 No. 35 had be n ap roved by the City Council and w s ran siLl. ing th Bill to th rd tor pubhc he&rin and r co-enda ions back to c yeo ~,;il. Th le er sta ed to rd ha th Cl.ty Ch r r r th rd shall subai ch reco ndations wi 1 • c:al nc!ar days fr011 th date of • • ss1.on • rd o fr th rd. • • • • • .. .. The Career Service Board of Commissioners recommends the following rev i sions to the Administrative Procedures Amendments relating to Sections 5-26-3: Outside employment and 5-15-38: Reemployment. Commissioner Keena moved, seconded by Commissioner Pokraka, to a dd an i ntroductory sentence to Section 5-26-3 to read: 5 -26-3: OUTSIDE EMPLOYMENT Outs i de employment and self-employment are used interchangeably. Commission er Pok ra ka mo v e d , seconded by Comm i s sion er Ke en a , to re v ise paragra ph 4 of Sec t i on 5-15 -38: 5-15-38: REEMPL OYMENT A former employee who is s e parat e d f r om Ci t y employment either because s(he ) resigns in good sta nd i n g or t heir position comes to an end, may be reemployed in thei r sa me or lowe r classification by he City Manager , within fi v e (5 ) years from t he date of separation. With the approval of the Employee Relations Director re mployment may be mad without examination prov id d the minumum qualifications for the pos i tion have been met and th employ 1 s physically and mentally capable of performing the du i es of h posi tion. r q ui r d If former mploy e is reemployed, s(he) ma y b o s r v e p ro ba ion r y p r iod 1 n t h d1scr t1 o n o h d subjec o t he ppr o"al of he City Mana r. h d p r m n mploy Any mp loy which x 1a d a co pl 1on ot o n un nt ua v o t 10n r h C1 y. tv tor bo h o ty • - ORDINANCE NO. ,{/ SERIES OF 1983 • • • BY AUTHORITY COUNCIL BILL NO. 52 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE DESIGNATING THE EMERGENCY RESPONSE AUTHORITY FOR HAZARDOUS SUBSTANCE INCIDENTS OCCURRING WITHIN THE CITY OF ENGLEWOOD BY ADDING SECTION 14, CHAPTER 1, TITLE II, TO THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. WHEREAS, hazardous substances are used within the City of Englewood; and WHEREAS, hazardous substances are carr1ed on major thorough- fares and rail lines within the City of Englewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Sect i on 1. There is hereby added Section 14 to Chapter 1 , Title II o f the E.M.C. '69 as amended , as follows: 2-1-14: EMERGENCY RESPONSE AUTHORITY a. THE EMERGENCY RESPONSE AUTHORITY FOR THE CITY OF ENGLEWOOD SHALL BE THE FIRE CHIEF WHO SHALL EXERCISE CONTINUING SUPERVISORY AUTHORITY FOR THE CLEANUP AND REMOVAL OF THE HAZARDOUS SUBSTANCE INVOLVED IN A HAZARDOUS SUBSTANCE INCIDENT. b. THE CITY OF ENGLEWOOD IS HEREBY AUTHORIZED TO CLAIM REIMBURSEMENT FROM THE PARTIES OR PERSON RESPONSIBLE FOR A HAZARDOUS SUBSTANCE INCIDENT FOR THE REASONABLE AND DOCUMENTED COSTS RESULTING FROM ACTION TAKEN TO REMOVE, CONTAIN, OR OTHERWISE MITIGATE THE EFFECTS OF SUCH INCIDENT NOT I NCLUDING COSTS NECESSARY TO XTINGUISH A F IR . In roduc d , r ad 10 full, and p •• d on f1ra r d1n9 on h 3rd d y of Oc ob r , 1 83. Publ1ah d a a Bill for an Ordin nc on the 5th d y o Oc o r , 1983 . • , • • • • • Read by title and passed on final reading on the 17th day of October, 1983. Published by title as Ordinance No.~/ the 19th day of October, 1983. Attest: ex off1cio City Clerk-Treasurer , Series of 1983, on Eugene L. Otis, Mayor I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. S/ , Series of 1983. Gary R. H1gbee • ORDINANCE NO. ~~ SERIES OF 1983 • • • BY AUTHORITY COUNCIL BILL NO. 52 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE DESIGNATING THE EMERGENCY RESPONSE AUTHORITY FOR HAZARDOUS SUBSTANCE INCIDENTS OCCURRING WITHIN THE CITY OF ENGLEWOOD BY ADDING SECTION 14, CHAPTER 1, TITLE II, TO THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. WHEREAS, hazardous substances are used within the City of Englewood; and WHEREAS, hazardous substances are carried on major thorough- fares and rail lines within the City of Englewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. There is hereby added Section 14 to Chapter 1, Title II of the E.M.C. '69 as amended , as follows: 2-1-14: EMERGENCY RESPONSE AUTHORITY a. THE EMERGENCY RESPONSE AUTHORITY FOR THE CITY OF ENGLEWOOD SHALL BE THE FIRE CHIEF WHO SHALL EXERCISE CONTINUING SUPERVISORY AUTHORITY FOR THE CLEANUP AND REMOVAL OF THE HAZARDOUS SUBSTANCE INVOLVED IN A HAZARDOUS SUBSTANCE INCIDENT. b. THE CITY OF ENGLEWOOD IS HEREBY AUTHORIZED TO CLAIM REIMBURSEMENT FROM THE PARTIES OR PERSON RESPONSIBL FOR A HAZARDOUS SUBSTANCE INCIDENT OR TH REASONABLE AND DOCUMENTED COSTS RESULT! G FROM ACTION TA EN TO REMOVE, CO NTAIN, OR OTHERWISE MITIGATE TH EFFECTS OF SUCH INCIDENT NOT INCLUDING COSTS NEC SSARY TO EXTI GUISH A IRE. In roduc d, re d in ull, nd p •• d on f1ra r ding on h Jrd day of Oc ob r, 1983. Publ1sh d s a B1ll for an Ordinanc on th 5th day of Octob r, 1983 . • • -• • • Read by title and passed on final reading on the 17th day of October, 1983. Published by title as Ordinance No.0..;/ , Series of 1983, on the 19th day of October, 1983. Attest: Eugene L. Ot1s, Mayor ex off1cio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No.~-/ , Series of 1983. Gary R. H1gbee 2 • • • - , • • • BY AUTHORITY ORDINANCE NO. t ?-. SERIES OF 1983 COUNCIL BILL NO. 53 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN AGREEMENT WITH THE ARAPAHOE COUNTY SHERIFF'S DEPARTMENT FOR MUTUAL AID IN HAZARDOUS SUBSTANCE INCIDENTS. BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That an agreement entitled "Agreement for Mutual Aid Between the Englewood Fire Department and the Arapahoe County Sheriff's Department for Hazardous Substance Incidents" is hereby approved by the City Council, said agreement provides as follows: AGREEMENT FOR MUTUAL AID BETWEEN THE ENGLEWOOD FIRE DEPARTMENT AND THE ARAPAHOE COUNTY SHERIFF'S DEPARTMENT FOR HAZARDOUS SUBSTANCE INCIDENTS THIS AGREEMENT, entered into this day of 1983, between the ENGLEWOOD FIRE DEPARTM~nd the ARAPAHOE COUNTY SHERIFF'S DEPARTMENT is for the purpose of securing the benefits of mu ual aid for the protection of life and property from the sudden discharge of hazardous substances. WHEREAS, it is desirable that each of the par i s should voluntarily aid and assist each oth r in the event that n unusual maJor occurr nc or emergency situa ion involv1ng hazardous subst nces should occur, by the int rchang of fire and sh tl(f's serv1c s nd facilities; and WHEREAS, 1t 1s n cessary and d sir ble that a mutu 1 aid gr xecuted for th interch ng of uch mutu 1 a1d on loc nd nd by • • , • • ,. • WHEREAS, hazardous substance emergencies may arise 1n one or the other of the jurisdictions of the parties resulting in greater demands than the manpower, equipment, and expertise that party can handle, or emergencies of such intensity may occur that they cannot be handled solely by the equipment of the party in whose jurisdic- tion such emergency occurs; and WHEREAS, it is to the interest of each of the parties that they may have service of and from the other party to aid and assist them in responding to chemical emergencies. NOW, THEREFORE , IT IS AGREED THAT: 1. All requests for mutual aid are to be made by telephone by the Chief of the Englewood Fire Department or a person exercis- ing the functions thereof, or the Arapahoe County Sheriff, or a person exercising the functions thereof. The request is to be immediately confirmed in written form by the requesting party. 2. Upon proper request for mutual aid, the respondent party will dispatch any available hazardous substance response equipment, firefighting and/or rescue equipment and personnel to any point within the requesting party's jurisdiction. 3. Both parties to this agreement for mutual aid are under no obligation to respond to a call from the other party when conditions exist which would prevent response because of priority or responsibility in its own jurisdiction, and no party shall be required to deplete unreasonably its own resources, facilities, and services in furnishing such mutual aid. 4. Any dispatch of equipment and personnel pursuant to this agreement is subject to the following conditions: (a) Any requ st for aid hereunder shall include a s atement of th amount and type of equipment and p rsonn 1 r qu ted and shall specify the location to wh1ch th equipment and p rsonn 1 ar to be dispatch d, but th mount and typ of quipmen t and number of personnel to be furnished shall b d t rmin d by a repr s of the r sponding g ncy. (b) The respond1ng org officer 1n charge o h 11 b und r th offic1 1. Th uign d ah 11 sup tlor Such aup 2 • • • .. superv1s1on and command of the request i ng fire chief, or person exercising the functions thereof, or sheriff. (c) A responding agency will be released by the requesting organization when the services of the responding organization are no longer required or when the responding organization is needed within the area for which it normally provides fire protection, emergency medical services, or other emergency public safety services. 5. Each party waives all claims against each other for c ompensation for any loss, damage, personal injury, or death occ urr i ng as a consequence of the performance of this agreement. 6. The requesting party shall indemnify, defend, and hold the ass i st i ng party harmless from any and all claims and /or lawsuits or damages except exemplary or punitive damages, or omissions of the assisting party or its employees, agents, or off i cers wh i le engaged in services for the requesting party, provided, however, that noth i ng herein shall be construed to be a wai ver of the i mmun i ty provided by Section 29-22-109, C.R.S. 1973, as amended, or any other governmental immunity. Any agency served wi t h notice of suit shall immediately forward such notice to the requesting a gency. 7. Th Englewood Fire Department may seek reimbursement from the Sta t e of Colorado as prov i ded for in Sect i on 29-22-104, C.R.S. 1 973 , a s m nded. 8 . This mutual a 1d agreement shall become effective upon app r o v al a nd sig n a ture by a uthorized repres nt a t i ves of the C it y of Englewood and Ar p a hoe Co un ty . This mutual aid a gr eement sh al l rem ai n i n (f e et ind f1ni ly bu w 1ll b r vie we d annually b y b o t h p a r ti e s . Thi s gr ement may be up d ated , mod1fied, r evis d or r e n eg o tiated at a n y 1me by mutual cons nt nd in writing by both p rti s to accomm o- d a changing cond1tions. 1 m y b termin ted by either p rty u pon a 1x y { 0) d ya' wr1t n notic o th other p rty. 1 0. o dd1 10nal y o urnish th r to b 3 or m npo w r is requir d by d acrib d 1n this agre m nt . und r th rms of th1s • • - , • • • IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. CITY OF ENGLEWOOD, COLORADO By-n~~~~~77--~~~----­Eugene L. Ot1s, Mayor James Broman, Fire Ch1ef Attest: Gary R. H1gbee, ex offic1o City Clerk-Treasurer ARAPAHOE COUNTY, COLORADO By WT~o~m~E~g~g~e~r~t-,--c"h~a~l~r=m~a~n~-------- Board of County Commissioners Patr1ck J. Sulllvan, Jr., Sheriff of Arapahoe County Attest: MarJorle Page Clerk of the Board Section 2. The City Council of the C1ty of Englewood hereby authorizes the Mayor and ex officio City Clerk-Treasurer to sign and attest the same for and in behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 3rd day of October, 1983. Published as a Bill for an Ordinance on the 5th day of October, 1983. Read by t1tle and pass d on final r d1ng on the 17th day of Octob r, 1983. Publi hed by title s Ordinance No. ________ , Series of 1983, on th 19th day of Octob r, 1983. ~ .. L. 6th , H yor surer • I • • , • • .. I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1983. Gary R. Higbee s • I • • , • • - BY AUTHORITY ORDINANCE NO. 52 SERIES OF 1983 COUNCIL BILL NO . 54 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING AN AGREEMENT WITH THE ARAPAHOE REGIONAL LIBRARY DISTRICT TO BETTER LIBRARY SERVICES TO CITIZENS OF ENGLEWOOD AND THE COUNTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1 . There is hereby approved a contract entitled "Agreement for Library Services" as follows: AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT, made and entered 1nto this day of ---,~--~------' 1983, between the CITY OF ENGLEWOOD, COLORADO, a mun1cipal corporation , hereinafter sometimes referred to as "C1 ty ," and the ARAPAHOE REGIONAL LIBRARY DISTRICT, hereinafter somet1mes referred to as "District." WITNESSETH WHEREAS, the Arapahoe Regional L1brary Distr1ct, being a tutory r gion 1 library distr1ct organized and ex1st1ng pursuant to Title 24, Art1cle 90, Colorado Revised Statutes 1973, s m nd d, or the purpose of prov1ding l1brary service to the r s1d nt of he un1ncorpora ed areas of Arapahoe County and those un1c1pal1 1es w1 h1n s id County not operating their own publ1c libr t1 ; and WH REAS, h C1ty of Englewood op r a publ1c library 1 hln i corpora e boundarl s and d s1res o coop rate w1 h th Dls r1ct 1n prov1d1ng l1brary s rv1ce o D1strict r sid nts ccording o h and conditions a h retndfter set for h low and 1n w1th applic bl s s of he S of Color do; n ow, t lS a h r tollows: lh 18 , h p 1es h ve con pproach to prov1s1on o prov1d1ng s 1 , or n 10 18 gr d by 1on o h mu n h p r 1es nd nd th 0 8 libr ry cardhold rs o o ctr ula ion h y ah 11 cncula • • • , • • • • Arapahoe County residents who qualify for and possess a District library card any item available for circulation from the City's library facilities. Both District and City shall mainta i n circulation records for said transactions and shall submit the same to each other on a quarterly basis. Upon receipt of said reports, the City shall debit the District for each item circulated by the City to District cardholders, and the District shall debit the City for each item circulated by the District to the City cardholders at the rate of Fifty-five cents ($0.55) per transaction, and payment for the net difference between said transactions shall be made accordingly by the library with the lesser circulation figures to the library with the greater circulation figures at this rate. 2. The rate per transaction specified in this Agreement and upon its signature shall coincide with the rate then currently in use by the Central Colorado Library System i n its reciprocal borrowing program. 3. The term of this Agreement shall be for the year commencing January l, 1984 up to and including December 31, 1984. During said term, all qualified cardholders for both the District and the City libraries may enjoy reciprocal borrowing at both th e City and the District facilities respectively, and said cardholders shall be subject to all applicable rules and regulations associated therewith. 4. It is understood between the parties hereto that the District shall not receive any equity in book stock or in any of the City's library facilities by virtue of the terms of this Agreement; and the City shall not receive any equity in the book stock or in any of the District's library facilities by virtue of this Agreement. 5. The District shall have access to City libr ry r cords during normal business hours for the purpo e of verifying 11 figures supplied to the District by the City and th City shall hav access to District library r cords for the same purpos . 6. Dur1ng th erm of this Agr eemen , Ctty will establ1sh and ma1nta1n a bookmobtl stop on a once-a-we k bas1s to th follow1ng ar Allee T rry School 2 • I • • • , • • • IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. CITY OF ENGLEWOOD, COLORADO By~~----~--~~--~-----------Eugene L . Ot1s, Mayor ATTEST: Gary R. Hlgbee, Director of Finance , ex officio City Clerk- Treasurer ARAPAHOE REGIONAL LIBRARY DISTRICT By=---~~----~--=-~~----~--Presldent , Board of Trustees ATTEST: Secretary Section 2. That the Mayor of the City of Englewood and the City Clerk are hereby authorized to sign and attest said Agreement for and in behalf of the City of Englewood. Introduced, read i n full, and passed on first reading on the 3 rd day of October, 198 3 . Published as a Bill for a n Ordinance on the 5th day of October, 1983. Read by titl e and p a ssed on f1nal reading on the 17th day of Octobe r, 1 983 Publ i shed by t itl s Or d 1nanc No. ________ , Ser1es of 198 3 , on th 1 9th d y of Oc tob r, 198 3 . Attest : Eu g n L. Ot1s , Mayor x off1c1o ci y Clerk-Tr asurer I , G ry R. H1gb , x oft1cio Cl y Clerk-Tr asur o Englewood , Color do , hereby c rt1fy th t th abov 1s rue , accura e and compl te copy of the Ordln fin 1 r ding and publlshed by 1 1 as Ordinanc 0 1983 . 3 • • • ORDINANCE NO .- SERIES OF 1983 BY AUTHORITY • • - 7JJ COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AMENDING SECTIONS 5-26-3(1), (4) AND (5) AND 5-26-5(8) AND SECTION 5-15-38, PARAGRAPHS 3 AND 4 , OF THE ENGLEWOOD MUNICIPAL CODE '69 CO NCERNING OUTSIDE EMPLOYMENT AND REEMPLOYMENT PROVISIONS OF THE ADMINISTRATIVE PROCEDURES . WHEREAS , the City Council has previously enacted a Career Service System Ordinance for the City of Englewood pursuan to Article XV of the Englewood City Charter; and WHEREAS , City Council is authorized and directed to enact appropriate ordinances for the implementation of the Englewood Career Service System; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Sect1on 5-26-3(1), (4) and (5) of the '69 E.M.C. 1s amended to read as follows: 5-26-3: ,-OUTSIDE EMPLOYP'\,ENT c A -.. (. l,.. () t ./-- - (1) Ci y mployment shall be cons1dered the pr1mary mploym nt; and no employee m y engag in outsid mployment which in ny m nn r int rferes with prop r and ffectiv JOb p rform nc , r ults 1n a conflict of 1nter st or wh1ch may subJect C1 y ov o publ1c cr1ticism or mbarrassm nt. mploym n , the d w1 h suffic1 nt , 1ncluding, but not r sponsib1l1 1es, hours or • • • - ' • • • Secti on 2. That Subsection (8) i s added to 5-26-5 of the '69 E .M.C . to read as f ollows: (8 ) Interpretations of conflict of interest may be appealed t o the City Manager. Section 3. That Sect i on 5-15-38, paragraph 3 , of the '69 E .M.C. is a mended to read as follows: 5-15-38 REEMPLOYMENT f f . d ~ . I a ormer employee 1s reemploye , (s)he Ma~e requ1red to serve a probationary period in the discretion of the department head sub j ect to the approv a l of the City Manager. Secti on 4. Th at p a ragraph 4 is added to Section 5-15-38 of the '69 E.M.C. t o read a s follows: {,Lt. . ...U ~ Any employee who i s rehired .ay ~ ~~ his or her sen i or i ty •i~hts aA8 ee"efits which existed at the time of his or her j ob termina t ion lA the disctetiofi or the ~epattllieiit head SUbject :~t:ao-3prooal or ~~Y ~S~;-'~~U~1 rn~ I ntroduced, read i n full, and passed on first read i ng on the 6th da y o f S e ptember, 1983. P u bl i s h ed as a Bill for an Ord i nance on the 7th d a y of Sep t ember, 8 3 . Re a d by title a n d p a ssed on fi na l r e a d i ng on t h e 17th day of Oct obe r, 1 9 83 . Published by ti tl e a s Or di n a nce No . ________ , Ser ies o f 1 98 3 , on he 19th day of Octo b r , 1 98 3 . Attest : x offic1o City Clerk-Tr 1 , Gary • H1gb , ex of of Engl wood , Color do, h r by 1 tru , ccurat nd comple £1nal re ding and published by of 1983. Eugene L . Ot1s , Mayor 1c1o C1ty Clerk-Tr aaurer of he Ci y c rt1fy that th above and for going e copy of he Ord1nanc pass d on i le as Ordin nc No . , S ri s Gary • • • - ORDINANCE NO. BY AUTHORITY SERIES OF 198~----- A BILL FOR I r:: COUNCIL BILL NO . 56 INTRODU~ ~y COUNCIL ME M BER~ AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF LITTLETON, LITTLETON FIRE DEPARTMENT , PROVIDING FOR MUTUAL AID /AUTOMATIC AID FOR FIRE PROTECTION FOR BOTH ENTITIES. WHEREAS , ass i stance from other fire protection agencies provides a higher level of protection for the City of Englewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ENG LEWOOD, COLORADO: Secti on 1. Tha t an agreement ent i tled "Mutual Aid Agreement" is here b y a pproved by the Ci t y Council. Sa i d agreement provides as follo ws: MUTU AL AID AGREE MEN T THIS AGREEMEN T , ma d e b y a n d bet wee n t he L ITTLETO N FI RE DEP ART MENT , h ere i n af t e r called "L i t tleton ", a nd t he ENGLEWOO D F IR E DE PA RT MENT , h er ei n after called "Engle wood ," WIT NESSETH THA T WHERE AS , Little on is a municipal co r po r atio n or a quasi- municipal corpo r ation and its te r rito r ial j u risd iction gene r ally is the l gal bounda r ies of the Little t on Fi r e P r ot e c tion District ; and WHERE AS , Engle wood is a mun1cipal co rpo r a t ion organi z ed and exist1ng pursuant to Art1cl XX of the Color do Constitution , its Charter , and Ordinances; its territorial jurisdiction generally is the 1 gal boundar1es of the City of Englewood , Colorado ; and WHEREAS, ach of th p rties her to m in ains m rgency qu i pm n ; nd ris in one or the other of th r sult1ng 1n gr ater d mands than th of th t party c n h ndl ; or m rg nc1es of nsity may occur tha they c nnot b h ndled solely by th th par y 1n whoa JUri diction he mergency occurs; • • • • • WHEREAS, it is to the interest of each of the parties that they may have service of and from the other party to aid and assist them in the purpose of fighting fires or responding to other emergencies; NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties as follows: I. MUTUAL AID 1. For and in consideration of the promises of Littleton, hereinafter set forth , Englewood agrees with Littleton that in the event there are emergencies in the territory served by Littleton which are beyond the control of the fire department of Littleton, whether because of their equipment at other places or because of the intensity of the emergency, or otherwise, Englewood agrees, subject to the limitation hereinafter set forth, to aid and assist Littleton by causing and permitting its fire department and its equipment to be used in responding to emergencies in the territorial area of Littleton, and the need for such aid and assistance shall be determined by the fire department of Littleton; subject, however, to the following limitations: Englewood shall be excused from making its equipment and services available to Littleton in the event of the need of the emergency equipment and the manpower with in the territorial area of Englewood, or their prior use at any place, which decision of ava1lab1lity shall b made by the fire department of Englewood, and which dec1sion shall be conclusive. 2. For and 1n cons1deration of the promises of Engl wood, here1nafter set forth, Littleton grees with Englewood that in the event th re are fires or other mergencies in the t rritory served by Englewood which are beyond the control of th Fir D p r ment of Englewood, whether because of use of their equ1pm nt a oth r places or because of the intensity of the emerg ncy, or oth rw1 e , Littleton agrees, subject to th limita- tion her inafter se forth , to aid and assist Englewood by causing and p rm1t ing L1 le on Fir Department and quipm nt to b used in r spending to em rg ncies in the terri erial area of Englewood, and he n d for such a1d nd assistance shall determined by the F1re D o! Engl wood; subJ ct, how v r, to th following 11m1ta rVlC merg ncy ar a o Ll l on, or: o vail bility shall nd which d c1s1on sh be excus d wood in th d of th ir pnor: 11 b 2 on, I • ....... • • .. 3. The services rendered by one party to the other are of equal value to the services rendered by the other party, and there shall be no charges made by the one party for the s ervices rendered to the other party, except that in the event of equipment damage by reason of the action of the employees of the other party, the liability and loss shall be determined on the basis of the fault or negligence of any P.mployee. If the employee i s determined to be at fault or negligent, the party employing that employee shall be liable for the loss. 4. Each party shall be expected to maintain its equipment and organize its emergency response method with both manpower and equipment to the degree necessary to cope with the ordinary and routine emergencies arising within its boundaries and f or which the party is organized. Neither party shall expect the other to respond to emergency calls where the emergency arises due to a failure to organize available manpower or maintain equipment i n proper working order and in sufficient quantity to meet the respective demands of the persons and property with i n each of the party's respect i ve jurisdict i ons. II. AUTOMA TIC AID 1 . It is understood and agreed that the Englewood F ire Department (pumper units) will respond from Station t2 (Federal Station) and/or Station 3 (Acoma Station) into L ittleton as part of the initial response through automatic dispatching by Littleton dispatchers into the b low defined areas; and that Littleton Fire Department will respond from Stat1on 1 and Station t2 into Englewood's district as part of the 1nitial response through auto- matic dispatching by Englewood d1spatchers into the be low defin d areas: Generally extending East and W st from the 800 block East to the 5600 block West; and South and North from the 5500 block South (in Littleton) to th 4500 block South (ln Englewood); and to also 1nclude the portion of Bow Mar b tw en Bow Mar Drive and South Sh ridan Boulevard. III. OTHER PROVISIONS 1. without caus other. i her party h reto may term1n te this con r c upon th1rty (30) days' prior wr1tten no c o th 3 • • -• • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of , 1983. LITTLETON FIRE DEPARTMENT By-n~7T~~~~~~~~~.------­Presldent of C1ty Counc1l By -;:P;-:r:-:e::-:s:::-lrd:r.::e::n-.:t:---yF;-:l:-:r::-e::-;:;D-rl::s-.:t:-:r~l:-:c::;t""'Bn::::o::a::r::!dr-- By~~~~~~~~~~~~~-----­Flre Department Dlrector APPROVED AS TO FORM: C1ty Attorney Section 2. ENGLEW OOD FIRE DEPARTMENT By-r~~~.--n~~~~~­Eugene L. Ot1s , Mayor Attest: Gary R. Higbee, ex off1cio City Clerk-Treasurer By~~~~~~~~------­James M. Broman Fire Chief The City Council of the City of Englewood hereby authorizes the Mayor and ex officio City Clerk-Treasurer to sign and attest the same for and in behalf of the City of Englewood. Section 3 . All previous agreements relating to mutual aid/ automatic aid with the City of Littleton are hereby revoked. Introduced , read in full, nd pass d on first reading on the 17th day of October, 1983. Published as a Bill for n Ordinance on the 19th day of Oc ober, 1983. Eug n L. Otta, Mayor x officio City Clerk-Treaaurer • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 17th day of October, 1983. Gary R. H1gbee 5 I • • • • - BY AUTHORITY ORDINANCE NO. SERIES OF 198~----- A BILL FOR ,., I ;;:... COUNCIL BILL NO. 56 INTRODUCED BY COUNCIL MEMBEFC) £ ~.).._ AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF LITTLETON, LITTLETON FIRE DEPARTMENT , PROVIDING FOR MUTUAL AID/AUTOMATIC AID FOR FIRE PROTECTION FOR BOTH ENTITIES . WHEREAS, assistance from other fire protection agencies provides a higher level of protection for the City of Englewood; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ENGLEWOOD, COLORADO: Section 1. That an agreement entitled "Mutual Aid Agreement" is hereby approved by the City Council. Said agreement provides as follows: MUTUAL AID AGREEMENT THIS AGREEMENT, made by and between the LITTLETON FIRE DEPARTMENT, hereinafter called "Littleton", and the ENGLEWOOD FIRE DEPARTMENT, hereinafter called "Englewood," WITNESSETH THAT WHEREAS, Littleton is a municipal corporation or a quas i- municipal corporation and its territorial jurisdiction generally 1s the 1 gal boundaries of the Littleton Fire Protection District; and WHEREAS, Englewood is municip 1 corporation organized and exist1ng pursu nt to Artie! XX of the Colorado Constitution, i s Charter, and Ordinances; its territorial jurisdiction gener lly 1s the 1 gal bound ri s of th City of Englewood, Color do; and WHEREAS, e ch o quipment; and WHER AS, jun d1ctiona of m npow r and uip such in ns1ty may qutpm n o h p nd m 1n ina m rg ncy • • • ,. .. WHEREAS, it is to the interest of each of the parties that they may have service of and from the other party to aid and assist them in the purpose of fighting fires or responding to other emergencies; NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties as follows: I. MUTUAL AID 1 . For and in consideration of the promises of Littleton , hereinafter set forth , Engle wood agrees with Littleton that in the event there are emergencies in the territory served by Littleton which are beyond the control of the fire department of Littleton, whether because of their equipment at other places or because of the intensity of the emergency, or otherwise , Englewood agrees, subject to the limitation hereinafter set forth , to aid and assist Littleton by causing and permitting its fire department and its equipment to be used in responding to emergencies in the territorial area of Littleton, and the need for such aid and assistance shall be determined by the fire department of Littleton; subject, however, to the following limitations: Englewood shall be excused from making its equipment and services available to Littleton in the event of the need of the emergency equipment and the manpower within the territorial area of Englewood, or their prior use at any place, which decision of availability shall be made by the fire department of Englewood, and wh ich decision shall be conclusive. 2. For and in consideration of the promises of Englewood, hereinafter set forth, Littleton agrees with Englewood that in the event there are fires or other emergencies in the territory served by Englewood which are b yond the control of the Fire Department of Englewood, wheth r because of use of their equipm nt at other places or because of the i ntensity of the emergency , or oth rwise, Littleton agrees, subj ct to the limita- tlon her inafter set forth, to aid and assist Englewood by causing and permitting Littl ton Fir Dep r m nt and equipm nt to be used in r spending to m rgencies in th territorial ar of Englewood, nd he need for uch a1d nd ssist nee sh ll b det rmined by the ire D p r m n o Englewood; aub)ec , how ver, o the following lim1 hall be excus d rom m king its o Engl wood 1n th even of th n or n d of he manpow r with1n th t rr1 or1 1 or heir p tor use of any pl c , which 11 m d by h 1re D p r m n o L on, shall b conclua1ve. 2 • • -• • • 3. The services rendered by one party to the other are of equal value to the services rendered by the other party, and there shall be no charges made by the one party for the services rendered to the other party, except that in the event of equipment damage by reason of the action of the employees of the other party, the liability and loss shall be determined on the basis of the fault or negligence of any employee. If the employee is determined to be at fault or negligent, the pa r ty employing that employee shall be liable for the loss. 4 . Each party shall be expected to maintain its equipment and organize its emergency response method with both manpower and equipment to the degree necessary to cope with the ordinary and routine emergencies arising within its boundaries and for which the party is organized. Neither party shall expect the other to respond to emergency calls where the emergency arises due to a failure to organize ava i lable manpower or maintain equipment in proper working order and in sufficient quantity to meet the respective demands of the persons and property within each of the party's respective jurisdictions. II. ~UTOM~TIC ~ID 1. It is understood and agreed that the Englewood Fire Department (pumper units) will respond from Station t2 (Federal Station) and/or Station t3 (~coma Station) into Littleton as part of the initial response through automatic dispatching by Littleton dispatchers into the below defin d areas; and that Littleton Fire Department will respond from Station tl and Station t2 into Englewood's d1 trict as part of he in1tial response through auto- rna ic dispatching by Englewood d1spatchers into the below defined are s: G n rally extend ng Eaa from the 800 block East to the 5600 block W a ; and Sou h and North from he SSOO bloc South (in L1 tle on) o 4500 block South (ln Englewood); and o also include he por 10n of Bow M r b n Bow Mar Dr1v and Sou h Sheridan Boulevard. Ill. OTH P OVI 10 S c lther party h re o y t r•1n u on h1rty (30) d ya' pr1or r1 l hla con c lC 0 th , • • • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of , 1983. LITTLETON FIRE DEPARTMENT By-=--~~~--~~--~--~~------President of C1ty Counc1l By ~P~r-e_s_l~d~e-n-t~F~l-r-e-=D~1-s~t-r~1-c~t~B~o-a-r-d~-- By~~~~--~--~~--~--------­Flre Department D1rector APPROVED AS TO FORM: C1ty Attorney Section 2. ENGLEWOOD FIRE DEPARTMENT By-=------~-=~--~----­Eugene L. Ot1s, Mayor Attest: Gary R. H1gbee, ex off1c1o City Clerk-Treasurer By~--~~~~----------­James M. Broman Fire Chief The City Council of the City of Englewood hereby autho rizes the Mayor and ex officio City Clerk-Treasurer to sign and attest the same for and in behalf of the City of Englewood. Section 3. All previous greem nts relating to mutual aid / automatic id with th City of Littl ton are hereby revoked. Introduc d, re d in full, and p ssed on first r ding on th 17th d y of October, 1983. Published Oc ob r , 1983. A t a : x otllcio Ci a Bill for an Ordinance on the 19th day of tug n L. Otia, Mayor 4 • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true , accurate and complete copy of a Bill for an Ordinance, introduced , read in full , and passed on first reading on the 17th day of October, 1983. Gary R. Higbee 5 • • ORDINANCE NO.~----­ SERIES OF 1 983 • • .. - BY AUTHORITY A BILL FOR 1F COUNCIL BILL NO. 55 INTRODUCEfl BY lPUNCIL MEMBE R Jl~ AN ORDINANCE TO REGULATE THE COLLECTION OF WASTEWATER AND TREATMENT THEREOF TO PROVIDE FOR MAXIMUM PUBLIC BENEFIT BY SET TING FORTH UNIFORM REQUIREMENTS FOR PRETREATMENT OF INDUSTRIAL WASTEWATER, BY SETTING SEWAGE TAP FEES AND CHARGES AND BY CLARIFYING THE REQUIRE- MENTS FOR CONNECTION TO THE PUBLIC WASTEWATER SYSTEM BY ADDING CHAPTER 5 , TITLE XV, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. WHEREAS, it is necessary for the health , safety and welfare of the residents of the City to regulate the collection of waste- water and treatment thereof; and WHEREAS, the Ordinance enables the City to comply with all applicable state and federal laws ; and WHEREAS , it is necessary to set forth uniform requirements for direct and indirect contributions into the wastewater collec- t i on and treatment system ; and WHEREAS, the Bi-City Sewer Plant will benefit from processing properly pretreated industrial wastewater; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: S ect 1on 1. Title XV of the Englewood Municipal Code of 1969 (as m nd d ), r ferenc d "W a stewater Ut i lity Ordinance", i s her by me nd d by a dd i ng Ch apt r 5 to r e ad a s follows: 15-5-1 : GENERAL PROVISIONS A. S hor This Chap er shall b Ordin nee ." B. Purpoa nown as he "W astew t r Utility l 0 th ter and Thil lnd 1r c aya • • • . . • for the City and enables it to comply with all applicable state and federal laws. The objectives are: 1 . To prevent the introduction of pollutants into the POTW wh i ch will interfere with the operation of the system or contami- n a te the resulting sludge; 2. To prevent the introduction of pollutants into the POTW which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system; 3. To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; 4. To prov i de for equitable distribution among users of the cost of the POTW; and 5. To provide for and promote the general health, safety and welfare of the citizens residing wi thin the City and downstream users. The provisions herein provide f or the regulation of direct and indirect contr i butors to the POTW through the i ssuance of permits and through enforcement of general requ i rements for all users, authorize monitor i ng and enforcement act i v i t i e s , requ i re u s e r reporting, and provide for the setting of fees for the equ i - table distribution of c osts resulting from the program esta blished h e r e in, and for nforcement. The prov i s1ons here 1n sh a ll a pp l y to th e POTW and t o p e r s ons outs i de th POTW who a re, by co n t ract or agr ment w1t h th POTW, users of the POTW. c . l . Unless th conte x t p ec1f1call y i nd 1c t s o t h rw is , th follo wing t rm and phrase , as u d 1 n thi s or di n n ee , sh ll h ve he m an1ngs her 1na er d sign d : lie , P .L. m ndm nta R gion Vlll o shall "'· n 2 r Pollu 10n Con rol a r Ac , 1nclud1ng h 1977 , P .L . 5-17. g1on l A 1n1atr tor o ) • ....... • • .. Approval Authority shall mean the Administrator or, upon delegat1on of State Pretreatment Authority of Colorado, the Director of the Water Quality Control Division, Colorado Department of Health . Authority (Control Authority) shall mean the City of Englewood , Colorado . Authorized Representative of Industrial User. An authorized representative of an industrial user may be: (a) a principal executive officer of at least the level of vice president, if the industrial user is a corporation ; (b) a general partner or proprietor if the industrial user is a partnership or proprietorship , respectively ; and (c) a duly authorized represen- tative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates. of oxygen ut1 1ze 1n t e under standard laboratory procedure expressed in milligrams per liter. Business Classification Code (BCC) shall mean a classi- fication of dischargers based on the 1972 Standards Industrial Classification Manual, Bureau of the Budget of the United States of America. Chemical Ox?gen Demand (COO) shall mean the measure of he oxygen equ1valent o that port1on of organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant under laboratory procedures. Chlorine Demand. The amount of chlorine required to produce a free chlor1ne residual of 0 .1 mg/1 after a contact tim of 15 m1nut s as m asured by the DPD (N , N, Di thyl-P-Phenyl ne- Dl m1ne) M hod on a sample at a temper ur of 20 degrees Centi- gr d in conformanc with Stand rd M thod • co o nly o r .M.C . City shall mean th C1ty of Engl wood, Colorado. n h Cod o the City of Engl wood, Munic1pal Cod o l 6 a am nd d 3 ) • • • • .. Composite Sample shall mean a representative flow pro- portioned sample collected within a twenty-four (24) hour period constituting a minimum of four individual samples collected at equally spaced two-hour intervals and combined according to flow. Consistent POTW Treatment Works Removal, Pollutant Removal or Removal shall mean reduct1on in the amount of a pollut- ant or alteration of the nature of a pollutant in the influent of the POTW to a less toxic or harmless state in the effluent. Con- sistent POTW removal efficiency shall be the average of the lowest 50% of the removals measured. Contamination. An impairment of the quality of the waters of the State by waste to a degree which creates a hazard to the environmental and/or public health through poisoning or through the spread of disease , as described in Standard Methods. Cooling Water. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. County Health De~artment, Health Officer. Any refer- ence in this Article to theDepartment of Health" or the "Health Department" shall mean the Department of Health of Arapahoe County, Colorado. Any reference in this Article to the "health officer" shall mean the Health Officer of the Department of Health of Arapahoe County, Colorado, or his designated representative. Director of Utilities shall mean the Director of Util1ties (DU) for Englewood or his authorized representative, respect1v ly. Director of Wastewater Treatment (DWT) shall m an th D1rector of the si-ci y and/or Engl wood Treatment Plant. Direct Discharge. The disch rge of tr at d or un- re d wastewater d1rec ly to th wa rs of th St te of Colorado. d1scharg Any p rson who d1sch rges or caus s h to the POTW. • • • • Dissolved Solids shall mean that concentration of mat- ter in the wastewater cons1sting of colloidal particulate matter one micron in diameter or less, and both organic and inorganic molecules and ions present in solution. Department of Utilities shall mean the Department which is responsible for the operat1on and maintenance of the wastewater collection system. Department of Wastewater Treatment shall mean the department which is responsible for the operation and maintenance of the wastewater treatment system. Domestic (Sanitary) Wastes shall mean liquid wastes (a) from the noncommercial preparation, cooking and handling of food or (b) containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings , industrial facili- ties, and institutions . Environmental Protection Agency (EPA). The U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency. Existing User shall mean an industrial user which is in operation at the t1me of promulgation of Federal Categorical Pretreatment Standards. Fecal Coliform shall mean any number of organisms common to the 1ntest1nal tract of humans and animals whose presence 1n san1tary sewage is an ind1cator of pollution. Fats, Oil or Gre s (FOG) shall m an any hydrocarbons, fat y acids , soaps , fats, wax a , o1ls , nd any oth r mater1al tha i extracted by freon solvent. Flow sh 11 man volum of w st wat r. G rbage sh 11 m an sol1d wast s fro th do st1c nd commerc1al prepar ion, cooking and d1sp n 1ng of food, and from he commercial handl1ng, storage nd sale o produce. was s • n the hat • • • .. - Grab Sample . A sample which is taken from a waste stream on a one-t1me basis with no regard to the flow in the waste stream and without consideration of time. Holdin~ Tank Sewate . Any wastewater from holding tanks such as vessels , c em1cal to1 ets, campers , trailers , septic tanks , sealed vaults , and vacuum-pump tank trucks. Incompatible (Noncoventional) Pollutant shall mean any nontreatable waste product , 1nclud1ng nonb1odegradable dissolved solids. Indirect Discharge. The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act , (33 u.s .c. 1317), into the POTW (including holding tank waste discharged into the system). Individual (Private) Wastewater Disposal System shall mean a septic tank, cesspool or similar self-contained receptacle or facility which collects c rd l or treats or otherwise disposes of wastewater and which is not c on nected to the POTW. Industrial shall mean of or pertaining to industry, manufacturing, commerce, trade or business, as distinguished from domestic or residential. Industrial Surcharge shall mean that charge assessed against indu strial customers based upon the amount that the strength of their discharged wastewater exceeds normal domest1c strength in the parameters of BOD, COD, or TSS. Industrial User shall mean any user that discharges wastewater from 1ndustr1al processes not to include san1tary was es. Industri 1 Wastes sh 11 mean th liquid wast s from th industrlal manufactur1ng process s, trad , or bus1n as distinc from s ni ary was er . h POTW oa POT • l1n • • • • .. Jackson Turb i dity Units (JTU) shall be the measure of the optical properties of a sample which causes light to be scattered and absorbed rather than transmitted in straight lines. National Categorical Pretreatment Standard or Categorical Standard or Pretreatment Standard (NCPS) shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance wi th Section 307(b) and (c) of the Act which applies to a specif ic category of Industrial Users . National Pollutant Discharge Elimination System (NPDES) shall mean the program for 1ssuing, condit1on1ng and deny1ng per- mits for the discharge of pollutants from point sources into the navigable wa ters of, the contiguous zone and the oceans pursuant to Section 402 of the Act. National Pollutant El i mination S stem Permit (NPDES) Perm1t s al mean a perm1t 1ssue un er t e Nat1onal Pollutant D1scharge Elimination System for Discharge of Wastewat ers to the Navigable Waters of the United States pursuant to the Act. National Prohibitive Discharge Standard or Prohibitive DischarSe Standard . Any regulation developed under the authority of 367( ) of the Act and 40 CFR, Section 4 03 .5 . Natural Outlet shall mean any outlet into a water course , pond , d1tch , lake or other body of surface or ground water. Norm al Domestic Strength Wastewater shall mean waste- water when analyzed by Standard M thods contains no more than 250 mg/1 of TSS , 300 mg/1 of COD , nd/or 2oo mg/1 of BOD. Any indiv1dual , partnership , co-partnership , firm , comp ny, corpor t1on , 8 oc1ation , joint stock company , rus , tate , government 1 en 1 y or ny oth r legal ent1ty , or th ir 1 gal r pr 8 nta iv 8 , g n a or ssigns. th ma5cul1ne gend r shall 1nclud the f 1nin ; th s1ngul r sh 11 includ the plural. h hydro on. 7 h acid or bas condi- log rithm o h xpr as d in mol a p standard by hich colo 1a produc by Corm o chloro- • • • • Pollu t ant s hal l mean dredged spoil, dirt, slurry, solid wa s te , i nc i nerator res id ue, sewage, sewage sludge, garbage, trash, ch e mical waste, bio l og ic a l nutr i ent, b i ological material, radio- active mater i al, h ea t , wr e cked or discarded equipment, rock, sand, or a n y i ndustr i al, mun i c i pal, or agricultural waste. Pollution. The man-made or man-induced alteration of the c hemical, phys1cal, biolog i cal, and radiological integr i ty o f water. Pr e treatment or T reatment. The reduction of t h e amoun t of pollutants, the el1m1nat1on of pollutants, or the altera ti on o f the nature of pollutan t proper t ies in wastewater to a less h armful state prior to or i n l i eu of discharging or otherwise introdu ci n g s u ch p o l l utants i n t o a POTW. The reduct i on or alteration c an b e obtai n ed b y p hysical , chemical o r b i olog i ca l proces se s, or process ch an ges b y o t h e r means , e x cept as proh i b ited by 40 CFR Section 40 3 .6(d ). Pr et r eatment Re q uirements shall me an any subs tantive or p r ocedu r al r e qu i rem e n t related to p retreatment, o t h e r t han a National P retrea tm ent Stand ard impo s ed o n a n i ndus tri a l u ser . Pretreatment Standards shall mean all applicable federal rules a n d regulations 1mplementing Section 307 of the Act , as well as any nonconflicting state or local standa r ds . In cases of conflicting standards or regulations , the more stri n gent thereof shall be applied . Publicly Owned Treatment Works (POTW). The waste water system owned by the C1ty . This def1ni ion includes any se wer that conveys wa stewat r to the POT W treatm nt plants , e x c pt priv te sewers . For th purposes of th1s Ordinance , POT W shall also i n- cl ude a ny sewers that convey waste water to th POTW from persons o uts1d h POTW bound ries who are by contr ct or agreement with h POTW a ctually users of th POTW . Radiologic l Control shall mean disposal by rele se 1n t o sa nitary sewer systems i n accordanc with Rules and Regulati ons publishe d by Color do D partment of He lth and the s te of Col or do. man l a k s , r v e r s , • r ma o r o h r wa er r a ed or un re ted was e wa er . h • 109 wa llmi ·- 8 , • ( ( ( • • - tions, or prohibit ions which may be established or adopted fr om time to time by state or federal laws or regulatory agencies. Sanitary Sewer shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted, including the pipe or conduit system and appurtenances, for the collection, transportation, pumping and treatment of sewage. This definition shall also include the terms "public sewer," "sewer system," "sewer," and "collection line." Service Line (Private Sewer) shall mean the wastewater collector line extend1ng from the wastewater disposal facilities of the premises up to and including the connection to the sanitary sewer. Shall and Will are mandatory; May is permissive. Significant Industrial User shall mean any industrial user of the City's wastewater treatment system whose flow (a) exceeds 25,000 gallons per day, or (b) exceeds five percent (5%) of th e daily capacity of the treatment system, (c) is subject to a surcharge for excessive BOD, COD and/or TSS as provided for in this Chapter, (d) has toxic material i n its waste stream in toxic amounts as defined in standards issued under Section 307(a) of the Act, or (e) is determined by the Director to have s i gnificant impact, either singly or in combination with other contributing industries , on the treatment works such that the quality of the effluent, or sludges, from the treatment works deviates from the requirements set for h in the NPDES Permit issued to the City, or such that interfer nc with the treatment process or facilit ie s would result. Signif1cant V1olator shall m n a p rson who remains in noncompliance with condit1ons of th1s Ordinance forty-five (45) days after not1f1ca ion of such noncompl1anc and which is part of a pattern of noncompll nee ov r a t w lv -month per1od or wh ich involves fa1lure to ccurat ly report noncompliance. Sludg shall m n th accumulated solids separat d from liquids , such as water or wastewater, during processing, or deposits on bottoms of streams or other bodies of water, or the precip1t e r sulting from chemical tr atm nt, coagulation , or sedtmen ation of w ter or w s ewater. Slug or Sluglo d. Any d1ach rg of water, aewag or 1ndu r1al w ste which, in cone ntra 1on of any giv n con titu nt or 1n qu ntity of flow, exceeds for ny on p riod of durat on long r th n fifteen (15) m1nutes more han f1ve (5) t1m s th av r g twen y-four (24) hour concen t1on or lows during th normal op ra ion. 9 • I • • • .. - Standard Industrial Classification (SIC). A classifi- cation pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. Standard Methods. Procedures described in the latest edition of "Standard Methods for the Examination of Water and Wastewater " as publ1shed by the Amer1can Publ1c Health Assoc1at1on and the Water Pollution Control Federation. Elements of wastewater strength shall be measured by Standard Methods unless otherwise expressly stated. Standard Specifications shall mean the current specifi- cations used by the City of Englewood in the construction of public sewers. State. State of Colorado. State Waters shall mean any and all surface and sub- surface waters wh1ch are contained in or flow in or through this State, except waters in sewage systems, waters in treatment works or disposal systems, waters in potable water distribution systems, and all waters withdrawn for use until use and treatment have been c omple t ed. Storm Sewer shall mean a sewer that carries only storm, s urface and ground water drainage. Storm Water. Any flow occurring during or following a n y form of natur a l precipitat i on a nd result i ng therefrom. pla t s Su b d1vis1 on sh a l l m an a ny undeveloped land which h as b n pl tted a n d is 1mprove d for th purpos e o f i ndustrial, comm r c1al , o r r s1 d n t1a l use. Su p r 1n t n de nt. Th p e r s on d s1gn a ted by the Ci ty to upervise the op r t1 on of the POT W nd wh o is cha r ged with ce r tain duties nd respons1b1liti s by h1s Articl , o r h1s du l y authorized r pres n a 1v • to 1 suspen flo ts on th o her l1quids , nd which is r movabl by labor ccord nc w 1 h proc dures • t for h 1n ~S~~~~--~--~~ 10 • r , or in • ( ( ( • • - System Development Charge shall mean that charge assessed aga1nst new users of the wastewater treatment system to finance capital improvement of the wastewater treatment system. Total Metals shall mean the sum of the concentrations of Copper (Cu), N1ckel (Ni), Total Chromium (Cr), Zinc (Zn) and Cadmium (Cd). Total Solids shall mean the sum of suspended and dis- solved solids. Toxic Pollutant. Any po llutant or combination of pollutants listed in Schedule A as tox1c or in regulations promul- gated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other Acts. Upset. An exceptional incident in which a Discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in Section 15-5-7(A) hereto due to factors beyond the reasonable control of the Discharger, and excluding non- compliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or impro per operation thereof . Unpolluted Water shall mean water of quality equal to or better than the State or Federal effluent criteria in effect, or water that would not cause violation of receiving water quality sta ndards and would not be benefited by discharge to the sanitary s we rs and wastewater treatment facilities provided. user. Any person who con r1butes , causes or permits he contri but1on of wastewa r 1nto th POTW. an a classif1cation of of the Standard par d by the F d ral Viscos1ty. Th prop rty of a fluid h t r sists 1nt rnal flow by rel asing coun ract1ng forces. h l1quid nd buildings, d cool1ng wa er. 1. San1 ary as r shall m n th combinat1on of l quid nd wa er-carr1ed was es d1scharg d !r oil and o h r • ni ry plumbing cili 1es. ll • • • • • • 2. Industrial Wastewater shall mean a combination of liquid and water-carried waste, discharged from any industrial establishment and resulting from any trade process carried on in that establishment including the wastewater from pretreatment facili- ties and polluted cooling water. 3. Combined Wastewater shall mean wastewater including sanitary and industrial wastewater, storm water, infiltration and inflow carried to the POTW. Wastewater Discharge Permit shall mean the document or documents issued to a user by the City in accordance with the terms of this Ordinance. Wastewater Pretreatment Facility shall mean any arrangement of devices or structures used for treating wastewater before it is discharged into the POTW. Wastewater Stren!th. The quality of wastewater dis- charged as measured by 1ts e ements, including its constituents and characteristics . Wastewater Treatment S stem, Wastewater Utilit , or Wastewater System shall mean: (a) any dev1ces, fac1 1t1es, struc- tures , equipment or works owned or used by the City for the purpose of the transmission , storage, treatment, recycling, and reclamation of 1ndustrial and domestic wastes from with1n or without the City, or nee ssary to recycle or reuse water at th most economical cost over the estimated life of the system, including intercepting sewers , outfall s wers, collection lines, pumping, pow r, and other quipmen , and th ir appurtenances , and excluding s rvic lines; (b) xtensions, improvements , additions , alter tions or any r mod- eling th r of; (c) lements e sential to provide r 11 bl r - cycl d supply such a standby treatment units and clear w 11 fac1li 1 a; nd (d) any works, including th 1 nd and ut s th t m y be acqu1red, th t will b an integral part of th treatment proc a or is used for ultim te d1apos 1 of residu s resul ing from 1uch r a tm nt. wa r occ ur s , shall m n any chann 1 1n which a flow o 1nuously or intermit n ly. 1 • • • ( ( • • - Winter Quarter Water Use shall mean the average monthly amount of water del1vered through the meter of the user during the following periods: WATER INSIDE CITY GROUP III GROUP I GROUP II OUTSIDE CITY - QUAD IV QUAD III OUTSIDE CITY - USAGE PERIODS FOR COMPUTING MID MID Nov. Feb . Dec. Mar. Jan. Apr. DENVER WATER MID MID Jan . Mar . Dec. Feb. WILLOW WATER MID MID D c. Feb. SEWER RATES BILL DATE Mar. l Apr. 1 May 1 BILL DATE Sept. Mar. 1 , Ju ne 1 Sept. 1, Dec. l BILL DATE Jun 1 have the hods for th • • ...... • .. 5. O&M -Operation and Maintenance 6. EPA -Environmental Protection Agency 7. FOG -Fats, oils and grease 8. 1 -Liter 9. mg -Milligrams 10. mg/1 -Milligrams per liter 11. NPDES -National Pollutant Discharge Elimination System 12. POTW -Publicly Owned Treatment Works 13. SIC -Standard Industrial Classification 14. SWDA -Solid Waste Disposal Act, 42 U.S.C. 6901, et seq. 15. TSS -Total Suspended Solids 16. USC -United States Code 17. USEPA-United States Environmental Protect i on Agency 18. BAT -Best available technologies 19. BMP -Best management practices 20. BPT -Best practical technologies 21. RCRA -Resource Conservation Recovery Act 22. PIF -Plant Investment Fee 23. NCPS -National Categorical Pretreatment Standards ( D I • • 14 • • • .. .. 15-5-2: GENERAL REGULATIONS A. Supervision 1 . The Director of Utilities shall be responsible for the management of the wastewater collection system served by the City and all of the property pertaining thereto . He shall see that such system is kept properly cleaned and in good working order and repair. He shall insure proper compliance with all local, state and federal regulations for collection of wastewater and shall perform all other duties in connection with such system as may be required . 2. The Director of Wastewater Treatment (DWT) shall be responsible for the management of the Bi-City and\or Englewood Wastewater Treatment Plant and all of the property pertaining thereto. He shall see that such system is kept properly cleaned and in good working order and repair. He shall insure proper compliance with all local, state and federal regulations for treatment and discharge of wastewater and shall perform all other duties in connection with such system as may be required. 3 . The Director of Utilities and Director of Wastewater Treatment may adopt rules and regulations in their respective areas of responsibility, jointly or individually, consistent with the provisions of this Article for the administration of the wastewater system . Rules and regulations adopted shall pertain to, but shall not be limited to, discharge, limitations, pretreatment require- ments, standards for installation of wastewater lines and services, nd implementation of standards promulgated pursuant to the Act. In stablishing such rules and regulations, they shall establish st ndards that will assure safe, efficient operation of the waste- wat r system , wastewater treatment process or equipment, that will not h ve an adverse e(f ct on the receiving water, or will not o h rwtse endanger p rsons or prop rty, or constitute a nuisance. 4. The Director of Uttliti s, the Director of Wastewater n and th Dir ctor of Finance shall k ep such records and pr p re such reports cone rning the w stewater utility as the City M n ger directs. Th Ct y M n g r sh 11 k p h City Council advis d of h opera ions, tnancial cond1t1ons nd futur n ds of h D partm n s and shall prepar and submi to the Ctty Council, t 1 as annually, a r port covering th ct1vit1 of the D p r - m nts, tncludtng a t t m nt of r v nues nd xp nditur s o th pr c dtng year. c or h v th or the ions sh 15 s nd Dir ctor of W stew r ormula and promulg t rul s ion o th1s Ordin nee, such 1nconsis nt w1 h provisions o • • • • .. 6. If wastewaters containing any substance described in the following sections of this Code are discharged or proposed to be discharged into the wastewater system of the City or to any tribu- tary thereto, the DU may take any action necessary to: a. Prohibit the discharge of such wastewater; b. Require a discharger to demonstrate that in-plant modifications will reduce or eliminate the discharge of such substances so that the discharge does not exceed the limits set in Section 15-7-7(A) here i n. c. Ensure pretreatment, including storage facilities or flow equalization necessary to reduce or eliminate the objectionable characteristics or substances so that the discharge will not v i olate this Ord i nance; d. Ensure that the person making, causing or allowing the discharge pays any additional cost or expense incurred by the City treatment system; or e. Take such other or further remedial action as may be deemed to be desirable or necessary to achieve the purpos e of this Ordinance. 7 . Any actual or threatened discharge of wastewater con- taining substances limited or prohibited by this Ordinance into the wastewater treatment system of the City which, by the determination of the Director of Utilities or the Director of Wa stewater Treat- ment, presents an imminent or substa nt ial endangerment to the health or welfare of persons or to the environment, or wh ich causes interference with the normal operation of the wastewater tr atment system , may be immediat ly halted or eliminated by eith r the Director of Utilities or the D1r ctor of Wastewater Treatm nt. Th Director of Utilities or th Dir ctor of Wastewater Tre tm nt may halt or eliminate such di8charg 8 by means of any procedur or measure authorized by thl8 Ord1nance for enforcement of discharge limitations and prohib1t1ons, or by m ans of physical dl8Connection from th wastewater tr atm nt servic • Such d1scharg 8 may b h lt d or l1minated w1thout regard to th complianc of h dis- charg w1th other prov1a1ona of thia Ord1nance. (B) ton a 1. All was wa r ahall b d1acharg d to th PO s p ov1d d herein fter. 2. It ahall unlaw ul o diacha g ro any pr exc pt wi hin he C1ty , or 1n o ny ar a und r th juriadic ion o Ci y , or n o d1atr1c or JUr adic o und r contrac wi th Ci y or reatmen o aan1t ry 1 w , in o and upon any public 16 • I • • • • highway, stream, water course, or public place, or into any drain, cesspool, storm or private sewer, or natural water outlet, any sewa g e or other polluted waters, except where su i table treatment ha s been provided in accordance with provis i ons of this Ordinance a nd local, state and federal laws. 3. No person shall cause to be d i scharged or make a con- n ecti on to the POTW which would allow any storm water, surface d ra i nage, groundwater, water from unroofed drains, roof run-off, c ool i ng water or other water into any sanitary sewer. No person s h a ll cause any of the above mentioned water to be mixed with that person's sewage in order to dilute said sewage. 4. Storm water, surface drainage, subsurface drainage, groundwater, water from unroofed drains, roof run-off, cooling water or unpolluted water may be admitted to specifically desig- n a ted storm sewers which have adequate capacity for the accommoda- t i on of said waters. 5. It shall be unlawful for any person, in any way, to damage any property, equipment or appliance constituting or being a part of the City wastewater utility or for any person to trespass upon the property of the City, to tap any sewer main or to make any connections therewith, to deposit any type of refuse i nto manholes or in any manner to i nterfere with the wastewater utility or the property, equipment, manholes, piping or appl i ances of the waste- water collection system and treatment facilities. (C) Specific Proh i bitions 1. No user shall contribute or cause to be contribute d dt r e ctly or i nd i rec t ly, a ny pollutant or wastewater which wi l l i n te rfere wi th the oper a tion or performance of the POTW. Th e s e ge n e r al prohib i t i ons apply to all such user s of a POTW, wh the r o r not t he us e r i s sub j ect to Nat i onal Categor i c al Pretrea tm e n t Stand a rds o r a ny o t h e r n at ional, state or loca l pr e treatme n t sta n - dards o r r e q ui rem nt s . A us e r ma y n ot c on t r i but e the f ollowi n g substances to a ny POTW: a . An y liquids , s o lids , or gases which b y re son of th ir n tur or qu ntity are , or m y b e , uffici n t eith r alon or by 1n er ction with oth r subs nc s to c use ftr or exploaton or b inJurious in any other way to the POT W or to the op r ton of th POTW. At no t1m sh 11 t wo succ ssiv re dings on ny xplo- ston haz rd met r , at the point of di ch r ge into the syst m (or at ny point tn th ystem), be more than fiv p rc nt (5\) nor any stngl re ding over ten p rc nt (10\) of the Lo wer Exp loSlve L t mit (LEL) of them er . Prohibit d mater1 la 1nclude , bu a r n o l1m1 ed to , g aoltn , kerosene , n ph ha , be n ze n , toluen , zylen , hers , lcohola , ke ones , ald hydes , peroxides , chlora ea , p r- chlor t s , broma s , carbid a , hydrid s nd aulftd s , and ny o her 17 • • • • • - substances which the POTW, the State, or EPA has notified the user is a fire hazard or a hazard to the system. b. Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as , but not limited to: grease, garbage with particles greater than one-half inch (1 /2") in any dimension, animal guts or tissues, paunch manure , bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, ashes, straw, shavings, grass clippings, rags, spent grains , spent hops, waste paper, wood, plastics, gas, tar, asphalt residues , residues from refining or processing of fuel or lubri- cating oil, mud or glass, grinding or polishing wastes, and other like or similar materials. c. Any wastewater having a pH less than 5.0 or more than 9.0 unless the POTW is specifically designed to accommodate any such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equip- ment, and/or personnel of the POTW. d. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, to contaminate the sludge of any POTW systems, or to exceed the limitation set forth i n a Categorical Pretreatment Standard. A toxic pollutant shall inc l ude, but not be limited to, any pollutant identified pursuant to Sect i on 3 07(a) of the Act. e. Any noxious or malodorous liquids, gases, or soli ds wh i ch ei ther singly or by interaction with other wa stes are s u ffi c i ent to prevent entry into the sewers for their ma i ntenance a nd r e p ai r. f . Any s ubst a nce wh i ch may cause the POTW's e f f l uent or an y oth r p r o d uc o f t h e POTW, such a s residu e s, sludges, o r scums , to be unsu1t ble fo r r ec l a mati on a nd r e us e or t o i n te r fe r e wi h the reel mat1on process wh re the POTW is p ursui n g a r e u se a n d r cl mation progr m. In no cas sh 11 a subst nc di ch rged to h POTW c use h POTW to be in noncomplianc with he sludge us or disposal criteria, guidelines , or r egul tiona aff c ing sludg us or d1spos 1. g. Any subst n ee which will cause th PO TW to violate 1 a NPDES Permit or the rec iv1ng w t r q u lity sta nd ards . 18 • I • • • .. h. Any wastewater with objectionable color not remov- able in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. i . Any pollutants, including oxygen demanding pollu- tants (BOD etc.) wh ich a user knows or has reason to know will cause i nterference to the POTW. In no case shall a slug load have a flow rate or contain concentrations or quantities of pollutants tha t exceed for any time period longer than fifteen (15) minutes more than f ive (5) times the average twenty-four (24) hour concen- tration , quantities, or flow during normal operation. j . Any wastewater containing any radioactive wastes or isotope of such halflife or concentration as may exceed lim it s established by the Director in compliance with applicable State Rules and Regulations Pertaining to Radiological Control, publ ished by the Colorado Department of Health, State of Colorado. k. Any wastewater which causes a hazard to human life or creates a public nuisance and is not contained in the wastewater system. 1. Any wastewater having a temperature which will cause the temperature of the influent to the wastewater treatment plant to exceed 104 degrees F and /or inhibit the biological activ- ity in the POTW. m. Any water or waste which contains grease or oil or any other substances that will solidify or become discernably vis- cous at temperatures between 32 degrees F. (0 degrees C) and 150 degrees F (65.5 degrees C). n. Any water or waste containing free , float ing or insolu bl e oil. o. Wastes from septic tank pumpag e or vaults exce pt at locations permitted by the Di rector of Wastewater Treatment . p. Waters c onta ini ng garbag that has not been ground or comminuted to such a d gree that all p a r ticles will be carried freely in suspens1on under conditions normally prevailing in public sewers. Solid particles shall be no mor than on -half inch (1/2 ") 1n ny d1mension. q. Unu ual concentr t1on of dissolv d solids. r. Any w st w ter conta1ning BOD, total solids, or suspend d solids of such charac er nd quantity that unusual a tion or xp n e 18 requ1r d to handle such rna rials t th was w er tr tment pl nt ; provided , how v r , tha a us r may p r- mi d by p ciC1c, wr1t en gre m n wi h h POTW which agr 19 • I • • • • to discharge such BOD or TSS may provide for special charges, sur- charges , payments or provisions for treating and testing equipment. s. Ammonia nitrogen or substances readily converted thereto , in amounts that would cause the POTW to fail to comply with its NPDES Permit. 2. Any material or substance not specifically mentioned in this section which in itself is corrosive , irritating , or noxious to human beings and animals, or which by interaction wi t h other water or waste in the public sewer system could produce undesirable effects or create any other condition deleterious to structures, treatment processes, and qual i ty of the receiving stream, is hereby prohibited. 3. Any material or substance entering into the public sewer which interferes with the treatment process even if it is within the concentration lim i tations stated in 15-5-7(A} may be prohibited upon written notice by the Di rector of Util i ties. 4. The Director of Ut i l i t i es wi th the approval of th e Di rector of Wastewater Treatment may grant a var i ance from the provis i ons of this Chapter to those persons apply i ng for such a va r i ance in accordance with the rules and regulations publ i sh e d by t he Directors. Variances may be considered under the follow i ng ci rcumstances: a. Compliance with the prohibited discharge prov i - si ons would impose an undue hardship on the person discharging wastes to the POTW; b. Accep t ance of the d i scharge does not advers ely a ffect t he POTW. (D) Fed r a l Categor i cal Pretr atmen t Stand a rds Upon th e prom u lg a t i on o f t h e Fed r a l Cat g or i c al Pr et r eatme n t S ta n dard fo r a p a r ticul r i ndustr 1al su b ca tegory, th Federal Stand a r d , if more stri n gent than li mitations im pos d her in for sources in that subcatego r y , sh 11 i mm edi t ly sup rsed th limitations impos d h rein . Th Dir ctor of U ili ies sh 11 no ify all aff ct d users of he pplic ble reporting r quir menta . (E) Sp cific Pollutant Limltationa o per on shall d1scharg wastewa er cont tning pollutan s in exce s o th LI MITATIO NS ON OISCHA RG , as set orth in 15-5-7 (A}. 20 • • • • .. .. (F) State Requirements State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those contained herein . (G) POTW's Right of Revision No user shall increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substi- tute for adequate treatment to achieve compliance with any appli- cable limitations. (H) Excessive Discharge No user shall increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substi- tute for adequate treatment to achieve compliance with any appli- cable limitations. (I) Accidental Discharges Each user shall provide protection from accidental dis- charge of prohibited materials or other substances regulated herein. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's own cost and expense . In the case of an accidental discharge, it is the responsibility of the user to immed1ately notify the Director of Utilities and the POTW of the 1ncident. The notification shall include location of discharge, type of waste, concentration, volume, and corrective actions. With1n f1ve (5) days following an acci dental discharge, the us r shall sub 1t to the DU a deta iled written r port describing the cause of the discharge and the measures to be taken by the user to pr vent similar future occurr nces . Such notificat1on sh 11 not rel1 ve the user of ny expense , loss , damage, or other liabil1ty wh1ch may be incurr d as r sult of damag to the POTW, !1sh kills, or any other damage to persons or prop rty, and such user shall b l1able therefor , nor shall such not1f1cat1on r l1ev th user of any f1nes, civ1l p n 1 1es , or oth r 11ab1l1ty wh1ch may be impos d by this Ordinance or other appl1cabl law. Fa1lure to r port accident 1 d1sch rges m y, in addit1on to ny oth r r m d1ea, result 1n th r voca 1on o he d1acharger'a wast water discharge perm1t. If the POTW 1& fln d by he S at or Fed ral governments for viol t1on of he POTW's NPDES P rm1t or violat1on of W ter u l1ty Stand rds a th result of a sp1ll or intent1onal slug diach rg of a toxic pollut n , then th fin , 1nclud1ng all POTW 1 gal, s mpling, n lytical s 1ng cos s and ny other rel ted cos s shall b charg d o h r spons1bl us r. 21 I • • • • - (J) Discontinuance of Privy Vaults, Cesspools, and Septic Tanks and Outhouses 1. Connection Required: All improvements now using privies, vaults, outside to1lets, cesspools, septic tanks, greate traps, leach fields or other sewage disposal facilities in the City, or hereafter in the City, shall be connected with the public sewer lines of the City or of any sanitation district in the City, provided such public sewer line has been brought within four hundred feet (400') of any part of such dwelling or improvement requiring sewage disposal service , and provided that such connec- tion shall only be required when such privies, vaults, outside toilets , cesspools, septic tanks, grease traps , leach fields or other sewage disposal facilities fail to function properly so that they have to be repaired so as to make them usable . 2. Abandonment of Privies, Cesspools , Septic Tanks: All outside toilets, privies, vaults, cesspools, septic tanks , grease traps and leach fields now existing in the City where any part of the dwelling or improvement is located within four hundred feet (400') of a public sewerage line of the City, or of a sanitation district of the City shall be abandoned and no longer used, in the event that any one of such items shall be overflowing, full or not functioning properly, so that it has to be repaired, in which event the owner of such premises shall immediately make arrangements to connect the improvements using such facilities and such connection shall be made within sixty (60) days by owner at owner's expense. 3. The contents of privy vaults, septic tanks, cesspools, o r outhouses within the limits of the City shall not be removed therefrom, nor shall the same be transported through any street, lley or public place within the City, exc pt in a sanitary manner, through or by means of airtight tanks, if soft and mixed with matter, and if solid or dry, in tight covered tanks in such mann r s shal l prevent the escape of any noxious gases or offensiv odor nd pr e serve such contents from sight or exposure during cleaning n d removal shall b kept and maintained in sanitary cond1t i on a nd sha ll b sub j ect to inspection by the Dep rtment of Heal h of the Cou n t y. (K) Ne w Constru cti on 1. All n w cons 1 Wlth he ry lOna 0 22 I • • • •' .. Health, and as soon as such dwelling or improvement is connected t o the public sewers, such use shall be abandoned and all evidence of such use properly covered or disposed of. (L) Manhole Covers No person shall open any sewer manhole without the per- mi ss i on of the Director of Utilities. (M) Special Agreements and Contracts No statement contained in this section shall be construed as prohibiting special written agreements between the POTW and any other person allowing industrial waste of unusual strength or character to be admitted to the POTW from any part or parts of such POTW, or person or persons living outside the boundaries of the POTW, upon such terms and conditions and for such periods of time as may be deemed reasonable. (N) Prohibited Connections No person, corporat i on, or other business entity, e i ther in person or through an agent, employee, or contractor shall make, all ow or cause to be made any connection to the POTW for the pur - pose o f serv i cing property outs i de the boundaries of the POTW, e xcept upon recommendation of the DU and the approval of the Ci ty Council. (0 ) Private Wastewater Disposal 1. Private Di sposal a. Pr i or to commencement of construc t ion o f a pr i v a t e waste wa ter disposal system, the owner or h i s agen t sh a ll firs t o b tain wr i tten perm i ss i on from t he Tr i -County He a l th Department fo r submissi on to the DU. b. The a pp lication fo r th e perm it requ i r e d by Section 15-5-5 shall b e made on a fo r m fu r nished by the Tr i-Coun ty Health Dep rtment wh ich the applic nt shall su pp lement by any plans , specifications and other information a is deem d necessary by th Tri-County Health D p rtm n • c . The own r or his agent shall operate and m intain the prtv te wastewater dispoa 1 facilittea a hta sole expense nd tn compltance with all fed ral , at t , and loc 1 laws, rules and r gulationa . d . No at tement contain d in this s c conatru d to inter ere wtth any add1tional requir 1mpos d by the H alth Oepartm nt or ou . 23 • on shall b nts which may I • • - • • • • • e. The type, capacity, location, and layout of an individual wastewater disposal system shall comply with all stan- dards of the Tri-County Health Department. No permit shall be issued for any individual wastewater disposal system employing subsurface soil absorption facilities where the area of the lot does not meet the regulations imposed by the Health Department and in no event where the area of the lot is less than fifteen thousand (15,000) square feet. f. The Tri-County Health Department shall be allowed to inspect the work under this division at any stage of construc- tion; and, in any event, the applicant for the permit shall notify the Tri-County Health Department when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within forty-eight (48) hours of the notice by the DU, exclusive of Saturdays, Sundays and legal holidays. 2. Wastewater or Septic Tank Haulers Wastewater or septic tank haulers shall not discharge any waste within the corporate boundaries of the City of Englewood except where directed by the DU and DWT. All violators are subject to the legal liabilities and penalties provided in this Ordinance • 2 4 • I • • • • • • 15-5-3: FEES AND CHARGES (A) Purpose It i s the purpose of this Section to provide for the payment of all POTW costs, including Util ities Department costs and Department of Wastewater Treatment costs. The total annual cost of operation and maintenance shall include, but need not be limited to, labor , repairs, equipment replacement, ma i ntenance, necessary modifications , power, sampling, laboratory testing and a reasonable contingency fund. The charges will be based upon the quality and quantity of user's wastewater, and also upon the Department of Utilities and Department of Wastewater Treatment capital and operating costs to intercept, treat, and dispose of was t ewater. The applicable charges shall be as set forth herein. (B) General. There is hereby levied and charged on each lot , parcel of land and premises served by or having sewer con nec tion with the sanitary sewer of the City of Englewood or otherwise discharging sanitary sewage, industrial wastes or other liquids, either directly or indirectly, into the city sanitary sewer system an annual service charge which shall be com puted and payable as follows: (l) The charge for sewage treatment shall be based on the gallonage of water del ive red to the premises during the appropriate water meter reading per iod falling between Nov ember 1 and Apr il 30 . This gallonage converted to an annual equivalent and multiplied by the annual rate per one thousand (1 ,000) gallons provides the annual treatment charge. (2) A charge for sewer collection system maintenances shall be established annually by action of the city council where premises are served by the city coll ction syst m . Where the city does not own and maintain th coll ction syst m, the city will coll ct charges for maintenance of same only when authorized by th terms of contract betw en the city and th sanitation district. (3) Where wa er usage nfor~ation a no available, a wag serv1ce charges shall be comput d using th curran ra e p r on thousand (1,000) g llons and b a d on the following nor l usage by cl sa, s follows: 2S • • • • • • 2 months (A) Single family dwellings 14 (B) Multifamily dwelling units 9 (C) Mobile home units 5 (D) Commercial (by meter size/ capacity) 5/8 inch 19 3/4 inch 29 1 inch 49 1 1/2 inches 97 2 inches 156 3 inches 311 4 inches 487 6 inches 973 3 months 21 13 8 29 44 73 146 234 467 730 1,460 12 months 83 52 32 116 176 292 584 936 1,868 2,920 5,840 Normal usage by class will be checked by tabulation and averaging at least every five (5) years to detect and adjust for changes in patterns of water usage. (4) The minimum charge per year for sewage treatment service, by customer class, shall be a percentage of flat rate charge, this amount representing the fixed portion of operation and maintenance (0 and M) costs. (5) Outside city customers will be charged one hundred five percent (105\) of the amount charged inside city customers for similar service to compensate for additional infiltration from the longer interceptor lines. This factor has been included in the flat rate and minimum rate tables in subsection 8 below. (6) Charg s for service to customers inside the city limits shall be billed 1n quarterannual installments in advance. Charges for sew r only rvice outside the city may, at the discretion of the f1nance d1rector, be billed annually where this would not conflict w1th special provisions of connector's agreement. All b1lla ar due and payabl as of the billing date and b come delinquent th1rty (30) days aft r th billing date. (7) Us r c argea ah 11 be r v1ew d annually and revis d p riodically to refl c actual reatment works 0 and M coats. 26 • I • • • • (8) The following rates shall become effective upon passage of the ordinance: Sewage treatment charge Collection system charge TOTAL SCHEDULE I Customer In City Class City Sewers Billed Qtrly Flat Rate Single- Fam.Dwg. 19.95 Multi- Fam(Unit) 12.35 Mobile Home 7.60 Commercial & Ind. (By meter size) 5 /8" 27.50 3/4" 41.75 1 " 69.25 1-1/2 " 1 38.50 Min. 18.15 11.25 6.90 25.05 38.00 63.00 126.05 SCHEDULE II In City District Sewers Billed Qtrly Flat Rate 17.60 10.90 6.70 24.30 36.85 61.15 1 22.2 5 Min. 16.00 9.90 6.10 22.10 33.55 5 5.65 111.25 2 " 3" 22 2.0 0 202.0 5 1 9 5 .95 17 8.30 44 3 .10 4 03 .20 391 .10 355 .85 4" 6" 8" 692.60 630 .30 611.30 556 .30 1385.25 1260 .60 1222.60 1112.55 2201.10 2003 .00 1936.95 1762 .60 Rate (per 1,000 gallons) .8374 .1114 .9488 SCHEDULE III SCHEDULE IV Outside City District Sewers Billed Annually Outside City District Sewers Billed Qtrly Flat Rate 73.80 45.80 28.20 102.00 154.80 256.80 5 13 .60 8 23 .00 16 4 2 .40 2567 .40 5135 .00 8159 .75 Min. 67.20 41.60 25.60 92.80 140.80 2 33 .60 46 7 .20 Flat Rate 18.45 11.45 7 .05 25.50 3 8.7 0 64.20 1 28.40 Min. 16.80 10.40 6.40 23.20 35.20 58.40 11 6.80 7 49.00 20 5 .75 18 7 .25 1 494.80 4 1 0.6 0 373 .70 2336 .40 6 4 1 .85 58 4.10 4 672 .80 1283 .75 1168.20 7 4 25 .35 2039 .90 1856 .35 10" 31 4 .10 2879 .35 2784.4 5 2533 .80 11729 .70 1067 4.00 2 32 .4 0 2 8 .55 27 • I • • • • .. Minimum charges both inside and outside the City are Ninety-one Percent (91%) the flat rate charge for the customer class involved. (C) Special cases. (1) Schools operating on a nine (9) month school year shall be billed seventy six percent (76%) of the charges which would normally accrue for similar usage by a residential customer. (2) Industries, car washes and other establishments where summer irrigation water is not significant or where seasonal business fluctuations are more significant than irrigation usage shall be billed based on annual rather than winter period water usage . (3) Customers with delivery flow characteristics significantly different from those of a single family dwelling shall pay an additional readiness to serve fee based on the following formula: R=V (.91 x NW) where: 365 R Annual delivery flow rate characteristics charge .91 = Readiness to serve portion of 0 and M costs NW ~Customer's annual nonworking days 365 Number of days in calendar year V • Annual volume charge for wastewater treatment (4 ) Other cases. Where the proc dures above a re not applicable , or when application of same would work an obvious and signif1cant i n j ust i ce to the customer, a rate shall be esta b l1shed by the Directo r based on reasonable estimates of project d flow. (D) If any wat er or wastes a re discharg d, or are proposed to b discharged to th public sewers, wh 1ch waters contain the substances or pos sess th character1st1cs enumerated in Subsection 15-5-2(8) above and , in th Judgment of the Director of Utilities , may have a deleter1ous effect upon the sew ge work s , processes, quipment or rece1ving water , or wh1ch o herw1s cr te a hazard o lif or const1 ut publ1c nuis nc , th Director shall also cha rge the ollow ng f a: Require payment to cover the dded coa of h ndling and reating th wa tes consid r d s "Industr 1 at " by imposing the following formula: SC • H,X8.34 UCo(AOO)+UCs(SS 300). SC • surcharg 1n dollars nd c n s p r mon h H • volum of a w 9 in m1ll1on gallons p r y r discharg d o th public s w r. 28 I • • • • • 8.34 = conversion factor; one gallon of water to pounds. UCo = unit charge for AOD (additional oxygen demand) in dollars per pound. (i) unit charge for BOD: $.0133. (ii) If COD is less than 3.0, then AOD = (BODS 200). BODS 200 mg/1, but COD is greater than SOO/mg/1, then AOD = (COD SOO). COD chemical oxygen demand strength index in milligrams per liter (SOO milligrams per liter or over). BODS = five day biochemical oxygen demand strength index in milligrams per liter (200 milligrams per liter or over). UCs = unit charge for SS in dollars per pound. SS = suspended solids strength index in milligrams per liter (300 milligrams per liter or over). Unit charge for SS: $.0324. 200 normal BODS strength in milligrams per liter. 200 normal SS strength in milligrams per liter. 400 normal COD strength in milligrams per liter. The application of the above formula provides for a surcharge for BOD, COD and for SS. If the strength index of BOD, COD or SS is less than the base number that is being subtracted from it , then there shall be no surcharge for that particular category , nor shall there be a credit given to the total surcharge. (E) Industrial Cost Recovery (ICR) 1 . Industries affected shall be thos 1dent1fied i n th Standard Industrial Classificat1on Manual, (SICM) 1972 as revis d, Divisions A through I , with th spec1f1c x c pt1on of those industries which discharge only nonproc ss , s gr gat d dom st1c wastes or wast s from sanitary conven1ences . Affect d industr1es will b class1f1 d as follo ws: (1) Signiflc nt industri 1 users shall b mon1tor d to d term1n trength level This hall be accompl1shed accordlng to pre reatm nt progr m e t bli h d by th D1r ctor of U iliti a and pproved by the Dir ctor of th WWTP. The result of s mpling and analysis will b r cord d in the utilit s off1c d to the c ed 1ndus ry and repor d o regula ory g r th ir c urr nt directive. (2) Paym nt rates sh 11 s d on th ollowing baa1c cap tal 29 • , I • Q (Volume): BOD: SS: • • • $460.12/1,000 gallon day of capacity 30.47/pound day of capacity 35.04/pound day of capacity Specific individual rates will be calculated based on the volume strength and rate of flow in accordance with current federal guide - lines. Adjustments to individual rates will be made annually or more fre- quently, whenever evidence is received that a major change in wastewater volume and/or characteristics has occurred. Payment will commence within one (1) year of the date of initiation of service through the Bi-City and/or Englewood Plant. (F) Restoration of Service Sewer service shall not be restored unt i l all charges, i nc luding the expense of terminat i on and charge for restoration of service, shall have been paid. (G) Collection Procedures 1 . Charges Responsibility of Owner. All fees and charges shall be chargeable against and payable by the owner of the premises receiving sewer service. 2. Periodic Billing Statements. a . The City shall cause billings for wastewater treatment and/or water charges to be rendered periodically at rat s established. b. Bill1ngs for charges nd any other notices shall b ffective upon mailing said billing or notice to the last known ddr sa of the us r as shown on City records. c. The service ch rges provid d in this Ordinance shall be b1lled nd paid 1n full with1n thirty (30) days from d te of billing. No p rtial p yments shall b ccept d. d. If w r rates ar ch ng d or users 1ns i ut or t rmina e s rv1c o h r than on stabllsh d bill n9 de ea, h b 11 shall b prora ed. (H) l. sh 11 b p h C1 y. 1on nd ch rg s 1 vi d 1n accordanc wi h h1n hir y (30) days fr h da e o! btllin9 btll 1s no pa1d with n nin y (90) d ys a 30 I • • • . . .. billing, it shall be deemed delinquent, whereupon a twenty five percent (25%) surcharge may be imposed for collection services. 2. Nonpayment: All sewer charges and surcharges, includ- ing, but not limited to, collection charges, pretreatment charges, monitoring charges, shall be a lien upon the property to which sewers are connected from the date said charges become due until said charges are paid. The owner of every structure of premise shall be liable for all sewer charges for uses on his premises, which lien or liability may be enforced by the City by action at law to enforce the lien. In case the tenant in possession of any premises shall pay the sewer charges, it shall relieve the landowner from such obligations and lien, but the City shall not be required to seek payment from any person whomsoever other than the owner for the payment of sewer charges. No change of ownership or occupation shall affect the application of this section, and the failure of any owner to discover that he purchased property against which a lien for sewer service exists shall i n no way affect his liability for such payment in full. Said delinquent payments, and the lien created thereby, shall be enforced by assessment upon the property and premises so served and certification thereof to the County Treasurer for the collection under and in pursuance as provided for in this Code. (I) Disconnection Clause 1. City may disconnect within the City or contract areas served by the City for accounts delinquent more than ninety (90) days. Notice given to last known address of user or owner thirty (30) days prior to disconnection. All costs of disconnection shall be repaid a time of reconn ction . 2. When the premises to which such service is provided are loc ted w1thout the llmits o! the Ci y , f 1lur to pay th rates and charges for tr atment and d1sposal of s n1tary s wag when du shall b caus for h City Clerk to cer ify o the County Comml&Slon rs of th county 1n which said d linqu nt us r's property 1s located the charg s du and unpa1d, on or b !or ov mber 1 of each y ar, and thereupon and unt1l paid, th s me ah 11 be a l1en upon the real property so a rv d by said sewerage ayst nd shall b 1 vi d, cert1f1 d, rec 1v d or coll ct d by s 1 annu lly rom y ar to y ar by h prop r coun y off1cials a n r 1 taxes, nd he proc ds there ro r m1 t d o the Ci y 1 wood; prov1ded th t i th pr s are suppl1 d w1 h C1 y serv1c s, such erv1ce may shut off until such ra es and r s for reatment and d1spos 1 of sani ary s ag shall hav n p 1d. 31 • I . • • .. 15-5-4: PRIVATE SEWERS, CONNECTIONS AND REPAIRS (A) Buildings to Have Separate Connections Each building shall be served by its own sewer service line, and no connection shall be made by extending the service from one property to another property. Each separate building in a Planned Unit Development shall have a separate sewer service line. (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 discontinuance 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 o f a pr i vate 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 wh re the elevat i on is too low to perm it g r avi t y flow to the public sewer, san i tary sewage discharge from such str u cture shall be l i fted and discharged to the sewer by a City a nd Tr i -County Healt h De p a rtmen t a pproved fac il i t y wh ich sh 11 b e o p e r a t e d a nd mai nt ai ned b y the us e r. (E) Ins t a l lation and Ma1 n tena n ce All costs and expens s incid ntal to the 1nstallation a n d connect1on of he pr1vate sewer shall be bo r ne by he a pp lica n t who shall reta1n or employ a llc ns d s wer contractor or plumber o make connec 1on o and 1ns all a s w r . pr1v The s rv1c 11n from th public rna1n l1ne to th b serv d shall be 1nat 11 d by prop rty o wn r t The o n r shall hold the City ha r ml a for any loss h may d1rectly or 1nd1r ctly occ aio n d by th of h a rv1c l1n or h malfunctlon of any old e wer. 32 I • • • • The owner of any property connecting to the POTW shall be responsible for the maintenance of the service line from the public sewer to the structure to be served. The owner shall keep the service line for which he is responsible in good condition and shall replace at his expense any portions thereof which, in the opinion of the Director of Utilities, have become damaged or disintegrated as to be unfit for further 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) Permit Required Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Director of Utilities. (G) Connection Requ irement 1. The applicant for the private sewer permit shall notify the Director of Utilities when the pr1vate sewer is ready for inspection and connection to the public sewer. The applicant must have secured perm it and have met all City requirements. The connection shall be made under the superv1s1on of the D1rector of Utilities or his representative. 2. The owner of any structure used for human occupancy, employment or activity, situate within the C1ty, may be requ1red at such owner's expense to connect such structure to a publ1c sewer, if such a public sewer is w1 thin four hundred (400 ) feet of the property line of the property upon wh1ch the structure is located. Such connection shall be mad within ninety (90) days after not1ce from the Director is served on th owner of the prop rty affected; provided , howev r, that 1n the event complianc w1th h1s s ction causes severe economic hardship to s id person, he may apply to the City for exemption from this section. Such applications shall s ate in d t 11 the circumstances which are claimed to cause such econom1c h rdsh1p. Such exempt1ons shall only be grant d o r sid nt1 1 users , sh 11 not apply to oth r us rs, nd h 11 b gr n d only or such ime as the d monstr t d hardship exists. S rv1ce shall be cons1der d compl te upon delivery of th notice to th own r of the prop r y or by post1ng a copy of th notice on the prop rty 1n question 1n a consp1cuous plac nd by m il1ng a copy of such not1c , r gister d mall, to the r cord own r of the prop r y as disclos d and a h ddreas shown in th curren recorda o h Ar p ho Coun y Ass aaor. '33 • ) I • -• • • 3. If a public sewer is not available within four hundred (400) feet of the property line of the property upon which a house or building is located, a private sewage disposal system constructed in accordance with applicable regulations 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 (400) feet 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 part A 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. (H) Damage to POTW Any person who maliciously, wilfully, or negligently breaks, damages, destroys, uncovers, defaces, or tampers with any structure, appurtenance or equipment which is part of the POTW shall be subject to such action and penalty as provided in E.M.C. 15-5-6. • I • • • • - 15-5-5: INDUSTRIAL WASTEWATER DISCHARGE PERMITS (A) Wastewater Discharger l. There shall be no discharge of wastewater into the POTW, or in any area under the jurisdiction of said POTW, without a wastewater discharge permit (except as authorized by the Director in accordance with the provisions hereof). 2. Permit Issuance The Director shall issue a wastewater discharge permit to the applicant if he finds that all of the following conditions are met: a. The proposed discharge is in compliance with the prohibitions and limitations of Sections 15-5-2 and l5-5-7(A) and (C) of this Chapter; b. The proposed discharge would permit the normal and efficient operation of the wastewater treatment system; and c. The proposed discharge would not result in a violation by the City of the terms and conditions of its NPDES Permit. 3. Permit Denial and Appeal a. In the event an application for a Wastewater Discharge Permit is denied, the Director of Utilities shall notify the applicant in writing of such denial. Such notification shall state the grounds for such denial with that degree of specificity which will inform th applicant prior o issuance of a permit. b. Upon receipt of notificat1on of denial of a perm1t application , the applicant may request and shall be granted a h ar1ng to b h ld by th D1rector of U 1lities. At such hearing the applicant shall have he burden of establishing that the conditions s t out in this Chapter hav b en m t and th t a perm1 should 1ssue. The h ar1ng shall be held w1thin thirty (30) days of applic n 's request but may be con 1nu d upon a showing of good c us to do so by eith r the C1 y or th appltcant. c . Upon rev1 of h Vld nee by the Direc or of u llltl a , h shall mak flnd1nga of fact and lSSU an Ord r dir ct1ng that a r discharge r lt lSSU d, or d1rec ing that such per 1 shall no be tsaued, such 0 h r or giv or urther orders nd d1rect1ves as ar n c asary and pproprut (8) 1. r 11d n 1al, rm1n d by rnu for s1ngl l us r shall r 5 mily, un 11 • • • .. - 2. All users proposing to connect to the wastewater system shall obtain a construction perm it before connection to and/or discharging to the system . Users shall complete and file with the Director of Utilities an application in the form prescribed by the Division and accompanied by a fee as set forth in Schedule B. In support of the application, the user shall submit, in units and terms appropriate for evaluation , the following information : a . Name, address, location of discharge (if different from the address) . b. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972 , as amended. c . Time(s) and duration of discharge. d. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, connections, and appurtenances by size, location and elevation. If deemed necessary by the City, such plans shall provide for separate systems for handling sanitary and industrial wastewater. Nonresidential buildings may be required to have installed a sewer sampling manhole for City access to its wastewater being discharged to be installed per City engineering requirements. e. Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged. product ion. u i11t1es f. Each product produced by type , amount, and rate of g. Number and type of employ es and hours of work. h. 0 b Any other 1nform t1on de m d by the Director of n cessary to valua e he p rmit application. (C) Indus l . The Olrector of o ob ain 3 109 to 1 h con ain1ng P r 1t, in I • • • • a. Wastewater quantity and quality. Quality charac- teristics include, but are not limited to, those mentioned in Section 7-5-7(A) and (C) of this Chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(h) of the Act and contained in 40 CFR, Part 136 , as amended; b. Average daily and thirty-(30) minute peak wastewater flow rates, including daily, monthly and seasonal variations , if any; c. Where known, the quantity and specif1c nature of any pollutants in the discharge which are limited by any pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and /or additional pretreatment is required for the user to meet applicable pretreatment standards. d. Written description and diagram of existing pretreatment equipment, if any, including , but not limited to, treatment processes, treatment tank dimensions and retention time, chemical supplies, operating personnel and certificat ion , and plumbing diagram of treatment system. e. If additional pretreatment and/or 0 & M will be requ1red to meet the pretreatment standards, the schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compl1ance date established for the application pretreatment requirements. The following conditions shall apply to this schedule: (il The schedule shall contain increm nts of progress in the form of d tes for the commenc ment and compl tion of ma)or ev nts leading to the construction and op rat1on of dd1t1on 1 pretreatm nt requir d for the user to meet the applicable pr treatmen requirem nts. (11) No incr shall ( 111 ) No 1a te r 0 r f rr d to 1n p ragr ph (a) n1n (9) mon hs. 37 I • • -• • • on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. f. Any other information deemed by the Director to be necessary to evaluate the permit application. the permit application. 2. Permit Modifications Upon enactment of a NCPS and within the time prescribed thereby, the Industrial Permit of users subject to such standards shall be revised to require compliance therewith . Where a user, subject to a NCPS, has not previously submitted an application for a permit, the user shall apply for a permit within thirty (30) days after notice of the enactment of the applicable NCPS. The user with an existing Wastewater Discharge Permit shall submit to the Director of Utilities, within thirty (30) days after such notice, the information required pursuant to this Section. The terms and conditions of the permit shall be subject to modification by the POTW during the term of the permit as limitations or requirements a re modified or other just cause exists. Any changes or new cond it ions in the permit shall include a reasonable time schedule f or c ompliance, as determined by the Director. 3 . Permit Conditions Permits shall be expressly subject to all prov i s i ons of this Cha pter and all other applicable regulat i ons, user char g es a nd fees es t a bl i shed by the City. Permits may conta i n, bu t ar e no t limited to, the following: a. The unit charg or schedul e of user cha rge s a n d f e for t he wa s t ewater to b discharged to the system. b. L1m i ts on the ave r a g e a nd ma x im um mass and/or concen r ation of wastewa ter const itu nt s a n d character1stics . c . Limits on aver ge a n d maximum rat and time of dlscharg or r qu1r menta for flow regulations and qual1za 10ns . d. R quir men s for ns allation nd ma1n nanc of 1nsp c t1on nd s mpling facilit es . or mon1toring progra 1 which may Co pllanc 1ch dul a . 3 8 of s mpl1ng , numb r , yp 1 1chedul • • • • • • g. Requirements for submission of technical reports or discharge reports. h. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City and affording City access thereto. i. Requirements for notification of the City of any new i ntroduction of wastewater constituents or any substantial change i n the volume or character of the wastewater constituents being introduced into the wastewater treatment system. j. Daily average and daily maximum discharge rates, or other appropriate conditions, when substances subject to limitation and prohibition are proposed or present in the user's wastewater discharge. k. Requirements for notification of slug discharges. 1. Requirements for separate systems to handle sanitary an d i ndustrial wastewater, such that in the event the user's indust r ial wastewater is causing or could cause an interference or a potential interference with the POTW, the industrial wastewater could be severed, p r eventing discharge into the POTW and still allo wing the user's sanitary wastewater to discharge into the POTW. m. (i) Requ i red when necessary by Director; Exceptio n: grease, oil and sand interceptors shall be provided when, in the opinion of the Director, they are necessary for the prop r handling of liquid wastes containing grease in excessive amounts , or any inflammable wastes, sand and other harmful ingr dients; except, that such i nter ceptors shall not be requ i red for pr1vate l1ving quarters or dwell i ng units. (li) Constructio n Specif1cations: grease a nd oil inte rc ptors shall be constructed of im perv ious materials capable of wi h andtng abrup and xtreme changes in temperature. They shall b of subs n 1al construction, wate rtlght, a nd equipped with as1ly r movable covers whic~, when bolted in place shall be g s tgh and wa rt19h • All 1nterceptors sh 11 be of a typ and c p c1 y approv d by h Director of Utilit1es nd shall b located so • r dtly and 11ly b ace ss1bl for cleaning and insp c (iil) H 1nt nanc by Own r: Wh re install d , all r as , 011 and sand 1nterc ptors shall be ma1ntain d by the own r h11 xp ns 1n con tnuously e!fic1ent op rat1on at all tim a . n. 0 h cond1 tons • d d ppropria by the C1 y. 39 • I • • • • .. o. In the event the type or volume of materials from the property for which a discharge permit was previously granted shall materially and substantially change as determined by the Division, the person previously granted such permit shall make a new application to the City, in the same manner and form as originally made. 4. Permit Duration Permits shall be issued for a specified time period, not to exceed three (3) years. A permit may be issued for a period less than a year or may be stated to expire on a specified date. The user shall apply for permit reissuance a minimum of one hundred eighty (180) days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements are modified or other just causes exist. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Any permit may be cancelled or terminated for failure to comply with the requirements hereof. 5 . Permit Transfer Prohibited Permits are issued to a specific user for a specific operation. A permit shall not be sold, traded, assigned, trans- ferred or sublet. (D) Monitoring Facilities 1. The industrial user shall provide and op rate, at its expense , monitor1ng equ1pment and facilities sufficient to allow 1nspection , sampling and flow measurements of the privat s wer or int rnal drainage systems and coordinated with bullding drain sys- tems . The monitoring fac1lity should normally be s1tuat d on the industrial user's pr mises, but the C1ty may, when such a location would b 1mpractical or cause undue hardship on th industrial us r, allow th fac1l1ty to be construe ed 1n the public atr et or s1dewalk ar a and located so that it w1ll not be obs ruct d by landscaping or parked v hicles . The fac1l1ty should be c pped w1th wa er tgh l1d nd that fac1l1ty shall not be located in a reet or gu t r. 2. Th re shall be mple room in or n ar such on1 or1ng manhol or factlity o allow ccur te a mpling nd pr parat1on of s mplea for analysts . The facility, aampl1ng and aaur1ng quip- men ah 11 b m 1ntain d all t1m in a a nd prop r op ra- lng cond1 10n a h xp nae of the induatrlal us r. 40 I • • • • • 3. Whether constructed on public or private property, the sampling and monitoring equipment and facilities shall be provided in accordance with the POTW's requirements and all applicable local construction standards and specifications. Construction shall be completed within sixty (60) days following written notification by the Director. 4. Whenever required by Director of Utilities, the owner of any property serviced by a private sewer carrying nonresidential wastewater shall install a monitoring manhole for each separate discharge in the private sewer in accordance with plans and specifications approved by the Division's Engineer, installed and maintained at all times at industrial user's expense, which shall have ample room in each sampling chamber to take accurate flow proportioned composite samples for analysis. The monitoring manhole shall be safely, easily and independently accessible to authorized representative of the POTW during normal business hours. a. Each monitoring manhole shall contain a Palmer- Bowlus flume or similar device approved by the Director of Utilities with a recording and totalizing register for measurement of the liquid quantity; or at the discretion of the Director of Utilities the metered water supply to the industrial plan may be used as the liquid quantity, or where a measurable adjustment agreed to by the Director of Utilities is made in the metered water supply to determine the liquid waste quantity. b. Samples shall be taken and properly preserved in accordance with Standard Methods and shall be a representative twenty-four (24) hour sample. Such sampling shall be done as prescribed by the Director to ensure representative quantities for the entire reporting period. Certain pollutant parameters such as, but not limited to, oil, grease, and/or chlor1ne demand wh ich cannot be collected by using a 24-hour sample may be collected by the use of a "grab" sample. c. Th frequency of sampling, the monitoring manhole, the metering device, sampling methods and analysis of samples shall be subJect , at any time, to inspection and verification. the Ci y or sh 11 h v 1 boratory d. All m tering and sample collection sh pr1vate entity as designated in S ction split flow s mpl nd shall be av ilable for opt1onal analysis. 11 be don by 7-5-5 (I) 2 and to th POTW The 1ndustr1al u r i required to analyze th s mpl 1n ccordanc with the requir ments stablish d in the permit. All t st1ng 1s at th expense of th industri 1 user. I • • • • • 5. The Director of Utilities may require that the monitoring facilities be installed in a permanently fixed above-ground enclosure. (F) Inspection 1. The Director of Utilities or his representatives may inspect the equipment and facilities of any user at any time during normal business hours to ascertain whether the applicable ordinances, rules and regulations are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Director of Utilities or his representatives ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination , or the performance of other duties. The POTW, State and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the POTW, State, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. 2. While performing the necessary work on private proper- ties, the Director of Utilities or duly authorized employee of the City shall observe all safety rules applicable to the premises established by the business. (G) Failure to Perm it Inspect1on In the event a duly author1zed off1cer or agent of the POTW is refused admission for any purpose, the Director of Utilities may cause water service to the premises in quest1on to be d1scontinued until the POTW agents have been afforded reasonabl access to the premises and sewer system to accomplish th 1nsp ct1on and/or sampling . (H) Sampling All measurements, t sts, and analy es of th char cterls- tics of w ter and wastes to wh1ch r ference is mad h r in shall be d rm1ned in accordance w1 h St ndard H thods. In the event that no spec1 1 fac1lity h s be n r quir d, the po1n of 1nap ction shall b cons1dered to be the downstre m manhol 1n th publ1c s w r n rest to th point which th building sewer is connect d o the public s w r. 42 I • • • • '. • (I) Confidential Information Provisions 1. Information and data on an industrial user obtained from reports, questionnaires, permit application, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satis- faction of the Director of Utilities that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of such user. When requested by such user furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related hereto, the NPDES Permit, and/or the pretreatment requirements; provided, however, that such por tio ns of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the user furnishing the report. Information accepted by the City as confidential shall not be transmitted to any governmental agency by the City until and unless a ten-(10) day written notification is given to the user by certified mail or personal service. 2. Any user has the option to contract with the City or any private entity to provide such services as deemed necessary, including, but not necessarily limited to, the following: 1) Mon itoring Facilities 2) Inspection and Sampling 3) Laboratory Analysis. • • • .. .. 15-5-6: ENFORCEMENT AND PENALTIES (A) Enforcement Authority The Director of Utilities may adopt procedures and rules for the implementation and administration and shall enforce the provisions contained herein . (B) Notification of Violation Whenever the Director of Utilities finds that any person has violated or is violating this Chapter , or any prohibition limitation or requirement contained herein , he may serve upon such person a written notice stating the nature of the violation and providing a reasonable time, not to exceed thirty (30) days, for the satisfactory correction thereof. A meeting with the Director of Utilities may be scheduled at the request of the violating person or the Director of Utilities to discuss the violation and /or satisfactory correction schedule . (C) Methods of Notification Any notification required herein shall be served e1ther personally or by registered or cert1fied mail. (D) Suspension of Service The City may suspend the wastewater treatment service and /or a Wastewater D1scharge P rm1t when such suspension 1s necessary, in the op1n1on of the Director of Utilities and /or D1rector of Wastewat r Tr atment 1n order to stop an actual or threatened dlscharge wh1ch pr sen s or may present an imm1n nt or substant1al ndang rm n o he h alth or welfare of persons, to th nvironm nt, causes 1nterf renee to th POTW, or causes th POTW to VlOlate any cond1t1on of its NPOES P rmlt. wast wat r event of a 44 d • • • .. (E) Permit Revocation Any user who violates the following conditions hereof, or applicable state and federal regulations, is subject to having his permit revoked: 1. Failure of a user to report factually the wastewater constituents and characteristics of its discharges ; 2 . Failure of the user to report significant changes in operations or wastewater constituents and characteristics; 3. Refusal of reasonable access to the user 's premises for the purpose of inspection or monitoring; 4. Violation of conditions of the permit or this Ordinance or any final judicial order entered with respect thereto; 5. Failure to pay any fees or charges; 6. Tampering with, disrupting, or destroying City equ i pment as determined by the Director, which determination shall b e conclusive; 7. Failure to report an accidental discharge of a toxic po l lutant. (F ) Legal Action Authorized If any user d i scharges into the POTW contrary to the provi s i ons of this Chapter, federal or state pretreatment r q ui rements, or any order of the C1ty, the City Attorney may comme n c a n action for appropriate legal and/or equitable relief, i n cl ud i ng a petit i on i n a court of competent j urisdiction for a tem por a ry res t ra i n i ng order, preliminary and permanent injunction agai nst t h e v1ol a tion. (G) Te r mi n ati on of Se rv ice The City ma y te r min te o r caus to be t erm i n a t e d wastewa r tr atment serv1c to any user for a violati on of a n y provis1ona herein. (H) C1v1l L1ab1lity nses Any p r on v1olat1ng prov1a1ona h re1n shall or any exp na , los or damag caus d th city b y r eason v1ol t1on , 1nclud1 n g h 1ncr d cos a , n y , for ma n e flu n and/or sludge , wh n such ncr as a are th r aul 45 • b li bl o f such gi n g of the I • • • • • user's discharge of tox1c pollutants. The Director shall add such charge to he d1scharger 's t reatment charge. (I) C1v1l Fine Pass Through In th event that a user discharges such pollutants which cause the Ci y o v1olate any condition of its NPDES Permit and the City is fined by EPA or the State for such violation, then such user shall be fully lia ble for the total amount of the fine assessed against the C1ty by EPA and /or the State. (J) Criminal Penalty and Fines Any person who violates the provisions of this Chapter shall be subject to a fine of not more than Three Hundred Dollars ($300) or by imprisonment in the County Jail for a period of not more than ninety (90) days, or by both such fine and imprisonment, for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. (K) Appropriate Civil Penalties In addition to the penalties provided herein, the City may recover reasonable attorney's fees, court costs, court reporters' fees, and other expenses of litigation by appropriate legal action against the user found to have violated any provisions herein, or the orders, rules, regulations, and permits issued hereunder. The attorney for the City, upon request of the City Council, shall petition an appropriate court to impose , assess, and recover such sums. Any person who shall violate any prov1s1on of th is Chapter shall be subject to immediate disconnection of the sewer servic i ng th property upon or in connection with which the violation occurred . (L) Appeal Procedure and Order Any permit applica n t , permit holder, or other user ffected by any decision , act1on , or determination, including cease and des1st orders , made by the Ctty other th n by n Englewood Munic1pal Judg 1n interpret1ng or 1mpl m nting the provia1ons here1n , or ny p rm1t 1ssu d h r under, may fll w1 h the Otr ctor a wr1tt n r quest for recons1der t1on and a stay of th d Cl&lon withln t n (10) d y of uch d cis1on , ct1on, or det rm1net1on, s tting forth 1n d il th fact upport1ng he r qu at, wh r upon h Dlr ctor of Ut1l1t1 s shell hold a h r1ng. Th requ a for r consider t1on sh 11 be cted upon by the Direc or of U 111 w1thin n (10) days from h d te of fillng. Th d cuion , e or d rm1n ion may be a ayed during ueh p r od o r v1 w by 01r c or o U ili 1es. 4 I • • • • .. .. If the decision of the Director of Utilities is unsatis- factory to the person appealing, he may file a written appeal to the Water and Sewer Board within ten (10) days after receipt of the decision. The Water and Sewer Board may hear the appeal and shall make a final ruling on the appeal within thirty-five (35) days of receipt of the user's written appeal. The decision, action or determination of the Director of Utilities may be stayed during such period of review by the Water and Sewer Board. After the Water and Sewer Board has reviewed the evidence, it may issue an order to cease and desist to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. The decision of the Water and Sewer Board shall be binding on all entities and the user unt i l and unless ruled otherwise by an appropriate court. (M) Falsifying Information No user shall knowingly make false statements, represen- tations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant hereto, or pursuant to its wastewater discharge permit, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required herein. ., • I • • • • • 15-5-7: LIMITATIONS ON DISCHARGE (A) No person shall discharge any pollutant in the excess of the following: Maximum Concentration, mg /1 Pollutant or Pollutant Property Grab Sample Composite Sample Aluminum, Soluble (as All Arsenic, Total (as As) Bar ium , Total (as Ba) Beryllium, Total (as Be) Biochemical Oxygen Demand (BOD) Boron, Total (as Bo) Cadmium, Total (as Cd) Chemical Oxygen Demand (COD) 2.5 0.63 5.0 1.0 2.5 0.125 Chlorinated Hydrocarbons including but not limited to Pesticides, Herbicides and Algaecides 0.2 Chromium , Hexavalent (as Cr +6) 0.625 Total (as Crl 6.0 Color 30 Conductivity (umhos) 3125 Copper , Total (as Cu) 2.5 Cyanlde , Amenable to Chlorination (Pree) 2.0 Total (U CN) 2.5 Endrin 0.002 or~ ld hyd 5.0 luo de• (aa Pl 25.0 1.0 0.25 2.0 0.4 200 1.0 0.05 300 0.08 0.25 2.0 1250 1.0 0.8 1.0 0.0008 1.0 10.0 I • • - Iron, Total (as Fe) Lead, Total (as Pb) Pollutant or Pollutant Property Lindane (1, 2, 3, 4, 5, 6 - hexachloro-cyclohexane gamma isomer) Manganese, Total (as Mn) Mercury, Total (as Hg) • • • 37.5 15.0 0.63 0.25 Maximum Concentration, mg/1 Grab Sample Composite Sample 0.005 1.0 0.063 0.002 0.4 0.025 Methoxychlor (1, 1, 1 -Trichloroethane) 2, 2 -bis (p-methoxyphenyl) 0.015 0.006 Nickel, Total (as Ni) Nitrogen, Ammonia as N TKN (as N) Nitrate (as N) Nitrite (as N) Oil & Grease (FOG) Organic Solvents PCB Tot a l pH , 1ni um ma x 1m um Phenol, Total Pl'losp a• , To• a ( a P ) s S1lv r, 0 so 1da, D aaolved Total Suap nd d (TSS) T mp ur oC (C lC1US) Toxaph n (C H 10 10 t chn1eal chlor na 7 -9 chlortn ) Turbtdi y (JTU 'a) Cl 8 d e mp h ne , 12.5 50.0 100.0 25.0 2.5 187.5 50.0 0.0005 4.5 9.0 5.0 25.0 0 .1 2 5 o . 63 3125 6 5.5 0. 002 5 0 5.0 20.0 40.0 10.0 1.0 75.0 12.5 0.0002 1.0 10.0 0.05 0 .25 1250 250 0 .0 0 10 I • • ( • Zinc, Total (as Zn) 2, 4-D (2, 4 -Dichlorophenoxy Acetic Acid 2, 4, 5 -TP Silvex (2m, 4, 5 - Trichlorophenoxy propionic acid) 50 • • • 5.0 Not Allowed Not Allowed 2.0 Not Allowed Not Allowed I . • • • 15-5-8: SEWER TAP FEES (a) At the time of filing the application, sewer tap fees shall be paid in accordance with the following schedule: WATER METER SIZE 3/4" or less 1" 1 l/2" 2" 3" 4" 6" 8" 10" SEWER TAP FEE $ 1, 400 2,333 4, 667 7 ,467 14,932 23,332 46,667 74,667 107,332 For multi-family units, hotels motels and mobile home courts, the total tap fee shall not be less than one thousand four hundred dollars ($1,400) per dwelling unit. If the fee determined by the water meter size from the above schedule is greater than the fee determined by the minimum charge of one thousand four hundred dollars ($1,400) per unit, then the greater fee, as determined by meter size, shall prevail. (b) At the time of filing an application for a sewer tap permit, sewer tap fees for the following properties shall be increased by the addition of a surcharge to the sewer tap fees establ1shed by subsection (a) according to the established surcharge schedule: (1) Properties within the C1ty of Englewood which are not in an established san1tation district; (2) Properties outside the City of Englewood which are tributary to the Northeast Englewood Reli f S wer System which are not exempted by agreement from sewer tap surcharge; The established sewer tap fee surcharg is: WATER METER SIZE 3/4" 1" 1 1/2" 2" 3" 4" 6" 8" 10" SEWER TAP SURCHARGE $ 500 833 1, 67 2, 67 5,333 8,333 16, 67 2 , 6 7 38, 33 3 multi-a ily units, hotels, ot la, obile hom cour s and ult p1e dwelling unita, h a w r tap aurchar shall 1 •• han f ve hundr d doll rt ($500) p r dw 11 ng uni • 51 I I • -• • • the surcharge established by the water meter size from the above surcharge schedule is greater than the fee of five hundred dollars ($500) per dwelling unit, the greater fee shall be charged. (c) The actual cost of any sewer main extension shall be recorded in the utilities office. Where such cost has not been paid, it shall be added to the plant assessment fee to arrive at a total amount due. New sewer extension costs shall include the actual cost of construction plus ten percent (10\) to defray costs of engineering. The total costs shall be assessed in proportion to the front footage of the property served . (d) Where a proposed tap will serve property for which a previous assessment has been paid , the previous tap fee shall be credited against the current tap fee in calculating the balance of the fee due. (e) Nothing in this section shall be construed to alter the rates or terms contained in the connector's agreements heretofore existing between the City of Englewood and sanitation districts. • 15-5-9 : • • • CONSTRUCTION OF SEWERS; EXTENSION OF MAINS; COSTS ; INSPECTION (a) When an application is received to extend the collection main in order to serve the applicant or users whose property is located within the city, the city shall make such extension at its own expense, subject to recovery of said costs and provided that the extension is to serve land properly subdivided. In the event that the extension is to serve nonsubdivided , industrially zoned lands within the city, the Director of Utilities may require that the applicant or user extend the collection main at his own cost a nd expense , sub ject to an equitable method of recovery of costs. (b) The individual collection mains outside the corporate limits shall be by pipes, mains or service lines and appurtenances installed by the individua l or connector, and the city shall assume no obligation for costs of construction therefor . All services shall be connected under the same provisions as may be required by the city for connections wi th i n its corporate limits. All charges for sewage collected outside the corporate limits of the city sh all be computed from rates set out in Section 15-5-3 of this chapter. (c) Quality control of privately constructed collection mains feeding the city treatment p l ant shall be assured by on-site i nspectors provided by the City of Englewood Utilities Department, which agency shall include the monitoring of collection main const ruction and the lamping of mains when construction is complete . Charges for these services shall be billed to the responsible contractor , as follows: (l) Inspect1on (one man): weekdays •••.••••• Aft r normal duty hours, weekend s , and holidays ••••••••••••.•••..•••••••••. (2) L mplng (crew of two (2) men): weekdays After normal duty hours , weekends and holidays TAPPING 0 MAINS OT OWNED BY THE CITY $12 . 50/hr. $18 .75 /hr. $25 .00 /hr. $37 .50 /h r. Wh en n pplica ion 1s rec ived for connec 1on to a1ns or f c1l1 ies no own d or controlled by the c1ty, a p rmi or sa1d connec ion w111 b grant d only in tho cas s 1n which th U 11ity D p rtm nt sh 11 have b n duly authoriz d, in wr1t1ng, by th own r in con rol o such m 1n or facili 1 s to grant such perm1 • 53 • • • • ,. • 15-5-10 : MISCELLANEOUS (A) Confl ict All other ordinances and parts of other ord i nances i ncons i s - tent or confl i cting wi th any part of this Ord i nance are hereby r e peal ed to the extent of such inconsistency or confl i ct. (B) Severability If any provisions, paragraph, word, section or chapter of th is Ordinance is inval i dated by any court of competent jur i sd i c- tion , the rema i ning pr ovi s i ons, paragraphs, words, sect i ons and chapte r s shall no t be aff ected and sha ll con ti nue i n f u ll force an d effect . Section 2 . Repealer . All ordina n c e s , includ ing specifically Chapter 4 of Title 15 of the En gle wo od Municipal Code of '69 as amended , and any resolutions , or parts thereof , in conflict with this Ordinance or the Englewood Municipal Code of '69 as amended , are hereby repealed, provided that such repealer shall not repeal the repealer clauses of such ordinances nor revive any ordinances thereby . Introduced , read in full , and passed on first reading on the -------day of October, 1983. Published as a B1ll for an Ordinance on the ______ __ day of October, 1983. Eugene L. Ot1s , Mayor A t st: y Clerk-Treasurer 1 , G ry R. Htgbee, ex officto City Cler -Tr surer of the City 0 ngle ood, Colorado, her by c r ify ha the bove and foregoing lS ru , accurate and comple copy of a Bi 11 for an Ordin nc , ln roduc d, r ad in full, and p •• d on 1ra r ad1ng on h d y 0 Oc ob c, 1983. 54 • I • • ORDINANCE NO.~----­ SERIES OF 1983 BY AUTHORITY A BILL FOR • • - 1F COUNCIL BILL NO. 55 INTRO~ED BY COUNCIL MEMBE ll,a£ AN ORDINANCE TO REGULATE THE COLLECTION OF WASTEWATER AND TREATMENT THEREOF TO PROVIDE FOR MAXIMUM PUBLIC BENEFIT BY SETTING FORTH UNIFORM REQUIREMENTS FOR PRETREATMENT OF INDUSTRIAL WASTEWATER, BY SETTING SEWAGE TAP FEES AND CHARGES AND BY CLARIFYING THE REQUIRE- MENTS FOR CONNECTION TO THE PUBLIC WASTEWATER SYSTEM BY ADDING CHAPTER 5, TITLE XV, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. WHEREAS, it is necessary for the health, safety and welfare of the residents of the City to regulate the collection of waste- water and treatment thereof; and WHEREAS, the Ordinance enables the City to comply wi th all appl ica ble state and federal laws; and WHEREAS, i t i s necessary to set forth un i form requ i remen t s for direct and indirect contributions into the wastewater co l lec - t i on a nd treatment system; and WHEREAS, the Bi-C i ty Sewer Plant will benefit from process i n g properly pretreated i ndustrial wastewater; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN C IL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec ti on 1. T i tle XV of the Englewood Mun i cip a l Code o f 1969 (as amended), referenced "Wastewater Ut i lity Ord i nance", i s h e r by amend ed by a dd i ng Chapter 5 t o read as fo ll ows: 1 5-5 -l : GENERAL PROVISIONS A. Sho r t Titl This Chapter shall b k no wn as the "W astew ter Utility Ord1nance." is necess ry for th health , safe y nd w lfare of th r s1d nts of th City o r gul te the collection o wa r and tre tm nt h reof to provid or m ximum publlc ben This 0 dinanc s • or h uniform r q uir m n • for dir c and indlr c con r1bu ora in o the w • e w er collection and atm n aya I 1 • I • • • • • for the City and enables it to comply with all applicable state and federal laws. The objectives are: 1. To prevent the introduction of pollutants into the POTW which will interfere with the operation of the system or contami- nate the resulting sludge; 2. To prevent the introduction of pollutants into the POTW which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system; 3. To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; 4. To provide for equitable distribution among users of the cost of the POTW; and 5. To provide for and promote the general health, safety and welfare of the citizens residing within the City and downstream users. The prov1s1ons herein provide for the regulation of direct and indirect contributors to the POTW through the issuance of permits and through enforcement of general requirements for all users, authorize monitoring and enforcement activit1es, require user reporting, and prov de for the setting of fees for the equi- table distribution of costs resulting from the program established herein, and for enforcement. The provis1ons here1n shall apply to the POTW and to persons outside the POTW who are, by contract or agreement with the POTW, users of the POTW. C . Definitions/Abbreviations 1. Unless the context specifically indicates otherwise, he following t rms and phrases , as used in this ordin nee, shall have th meanings here1n fter design ted: Ac , P.L. m ndm nts R gion VIII The d r 1 w ter Pollu on Control the Clean Water Ac , includ1ng h Act of 1977, P.L. 95-217. 11 me n the R 910n 1 Admini tr tor of 2 • I • • -• • • Approval Authority shall mean the Administrator or, upon delegat1on of State Pretreatment Authority of Colorado, the Director of the Water Quality Control Division, Colorado Department of Health. Authority (Control Authority) shall mean the City of Englewood , Colorado. Authorized Representative of Industrial User. An authorized representative of an industrial user may be: (a) a principal executive officer of at least the level of vice president, if the industrial user is a corporation; (b) a general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; and (c) a duly authorized represen- tative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates. Biochemical OxS~en Demand (BOD) shall mean the quantity of oxygen ut1l1zed 1n the1ochem1cal ox1dation of organic matter under standard laboratory procedure in five (5) days at 20.C, expressed in milligrams per liter. Business Classification Code (BCC) shall m an a classi- fication of dischargers based on the 1972 Standards Indus r1al Classification Manual, Bureau of the Budget of the Un1 d S a es of America. Chemical Oxfgen Demand (COD) shall the oxygen equlvalent 0 that portlon or or anlc that is susceptible to oxidat1on by a s rong c laboratory proc dures. Chlorine D mand. The amoun produce a fre chlor1n res1dual of 0.1 of 15 minutes as measured by the DPD (N, Diamin ) M thod on a sampl at a t mp ra ur gr de in conformanc w1 h S ndard M thod • City shall me n he City of Engl wood, Colorado . Cod sh 11 m an Cod of th C1 y of co only known-is the Engl wood Muntclp 1 Cod of 1 or .H.C. 19 a m nded. 3 d I • • • • • Composite Sample shall mean a representative flow pro- po rt io ned sample collected within a twenty-four (24) hour per i od constituting a minimum of four individ ual samples collected at equally spaced two-hour intervals and combined according to flow. Consistent POTW Treatment Works Removal, Pollutant Removal or Removal shall mean reduction in the amount of a pollut- ant or alteration of the nature of a pollutant in the influent of the PO TW to a less toxic or harmless state in the effluent. Con- sistent POTW removal efficiency shall be the average of the lowest 50% of the removals measured. Contamination. An impairme nt of the quality of the waters of the State by waste to a degree wh ich creates a hazard to the environmental and/or public health through poison i ng or through the spread of disease, as described in Standard Methods. Cooling Water. The water discharged from any use such as air conditioning, cooling or refrigeration, or to wh ich the only pollutant added is heat . County Health De~artment, Health Officer . Any refer- ence 1n this Article to theDepa rtment of He alth " or the "Health Department" shall mean the Department of Health of Arapahoe County, Colorado. Any reference in this Article to the "health officer" shall mean the Health Officer of the Department of Health of Arapahoe County , Colorado , or his designated representative. Director of Utilities shall mean the Director of Ut1lit1es (DU) for Englewood or his authorized representative , r spectively. Director of Wastewater Treatment (D WT) shall mean the Dir ctor of the Bi-City and/or Englewood Treatment Plant. Direct Discharge . The discharge of treated or un- treat d wastewater directly to the waters of the State of Colorado . Discharger. Any person who discharges or causes the discharg of wastewa er to the POTW. plan t tive of process b b d upon metered D1r ctor, s1gn1ficant ch rg d 1nto th w at n that volume o effluen from by the Dir ctor to be repr sen- plant. Such effluent will , 1n th opinion of the rted and not di - • ) I • • • • • Dissolved Solids shall mean that concentration of mat- ter in the wastewater consisting of colloidal particulate matter one micron in diameter or less, and both organic and inorganic molecules and ions present in solution. Department of Utilities shall mean the Department which is responsible for the operat1on and maintenance of the wastewater collection system. Department of Wastewater Treatment shall mean the department which is responsible for the operation and maintenance of the wastewater treatment system. Domestic (Sanitary) Wastes shall mean liquid wastes (a) from the noncommercial preparation, cooking and handling of food or (b) containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facili-ties, and institutions. Environmental Protection Agency (EPA). The u.s. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency. Existing User shall mean an industrial user wh ich is in operation at the time of promulgation of Federal Categorical Pretreatment Standards. Fecal Coliform shall mean any number of organisms common to the 1ntest1nal tract of humans and animals whose presence in sanitary sewage is an indicator of pollution. Fats, Oil or Grease (FOG) shall mean any hydrocarbons, fatty acids , soaps , fats, waxes, oils, and any other material that is extracted by freon solvent . Flow shall mean volume of wastewater. Garbage shall mean solid wastes from th domestic and commercial preparation, cooking and d1spensing of food, and from h commercial handling, storag and sale of produc • 11 me n th w st s from an lspensing of foods th t h ve been ground to such a degr e th t all p rt1cles will b c rri d freely under th flow condit1ons norm lly pr vail1ng in public s w rs, with no partie! s gr at r th n o -h lf inch (1/2") in ny dimension . 5 I • , • • • • • Grab Sample. A sample which is taken from a waste stream on a one-t1me basis with no regard to the flow in the waste stream and without consideration of time . Holdin~ Tank Sewafe. Any wastewater from holding tanks such as vessels , c em1cal toi ets, campers , trailers, septic tanks, sealed vaults , and vacuum-pump tank trucks . Incompatible (Noncoventional) Pollutant shall mean any nontreatable waste product, including nonblodegradable dissolved solids . Indirect Discharge. The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 u.s.c. 1317), into the POTW (inc luding holding tank waste discharged into the system). Individual (Private) Wastewater Disposal System shall mean a septic tank, cesspool or similar self-conta1ned receptacle or facility which collects and/or treats or otherwise disposes of wastewater and which is not connected to the POTW. Industrial shall mean of or pertaining to industry, manufacturing, commerce, trade or business, as distinguished from domestic or residential. Industrial Surcharge shall mean that charge assessed against industrial customers based upon the amount that the st rength of their discharged wastewater exceeds normal domestic strength in the parameters of BOD, COD, or TSS. Industrial User shall mean any us er that disch a rges was te water from 1ndustr1al processes not to include sanitary wastes . Industrial Wastes shall me n th l1quid wast s from th lndustrial manufactur1ng processes, trade, or bus1n ss as distinct from san1tary wastewater. shall mean the inhib1t1on or disruption of the POTW tr sses or op rat1ons which co ntribut to a viol tion of any r quir m nts of the POTW's NPDES P rmit. The term includes pr ven on ot sludge use or disposal by the POTW in ccordance w1th 5 c 10n 405 of the Act, or ny criteria , gu1del1n s or r gul 10ns develop d pursu nt to th SWDA, the clean Alr Act, h Tox1c Sub t nc s Control Act, RCRA, or more string nt stat cr1teria ppl1cable to the m thod of d1 posal or use mploy d by he POTW. 6 • I • • • • • • Jackson Turbidity Units (JTU) shall be the measure of the optical properties of a sample which causes light to be scattered and absorbed rather than transmitted in straight lines. National Categorical Pretreatment Standard or Cate orical Standard or Pretreatment Standard (NCPS) shall mean any regulat1on conta1n1ng pollutant dlscharge l1m1ts promulgated by the EPA in accordance with Section 307(b) and (c) of the Act which applies to a specific category of Industrial Users. National Pollutant Discharge Elimination System (NPDES) shall mean the program for 1ssu1ng, cond1t1on1ng and deny1ng per- mits for the discharge of pollutants from point sources into the navigable waters of, the contiguous zone and the oceans pursuant to Section 402 of the Act. National Pollutant Dischar e Elimination S stem Permit (NPDES) Perm1t s al mean a perm1t 1ssue under the Nat1ona Pollutant Discharge Elimination System for Discharge of Wastewaters to the Navigable Waters of the United States pursuant to the Act. National Proh ibitive Discharge Standard or Prohib itive DischarGe Standard, Any regulation developed under the authority of 307() of the Act and 40 CFR, Section 403.5, Natural Outlet shall mean any outlet into a wat er course , pond, d1tch, lake or other body of surface or ground water • Normal Domestic Strength Wastewater shall mean waste- water when analyzed by Standard Methods contains no more than 250 mg/1 of TSS, 300 mg/1 of COD, and/or 2oo mg/1 of BOD. Person. Any individual , partn rsh1p, co-partn rsh1p, firm , company , corporation , associat1on , JOint stock company, trust , estate, governmental entity or any o h r legal ent1ty, or heir legal repres ntat1v s, ag nt or ass1gns. them scul1n gender shall 1nclude h f m1n1ne; h singular sh 11 includ he plural. ~ shall mean th 1n 1on of soiU ton, c lcula ed by a tng b a condt- of th r ciprocal o th hydrog n ton cone n ra ton li er of olu 10n. 1n •ol a r pl • on (1) pla 1na hall th stand rd by at ndard unlt of color 1s produ pla 1nu 1n th orm of ehloro- 7 • y I • • • • • Pollutant shall mean dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, c hemical waste, biological nutrient, biological material, radio- a ctive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal, or agricultural waste. Pollution. The man-made or man-induced alteration of the chemical, phys1cal, biological, and radiological integrity of water. Pretreatment or Treatment. The reduction of the amount of pollutants, the el1minat1on of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or i n lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR Section 403.6(d). Pretreatment Requirements shall mean any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user. Pretreatment Standards shall mean a ll applicable federal rules and regulations implement i ng Section 307 of the Act, as well as any nonconflicting state or local standards. In cases of conflicting standards or regulations, the more stringent thereof shall be applied. Publicly Owned Treatment Works (POTW). The wastewater sys t em owned by the C1ty. This defin1t 1on includes a ny sewer that co n v eys wastewater to th e POTW treatment plants, except pr i vate s we rs. For t h e purposes of th i s Ord i nance, POTW s ha l l a lso i n- cl ud e a n y sewers that con vey wa s t ewate r t o the POTW from p rs o n s o uts id e t h e PO TW bound aries wh o ar e by c ontract or g r with th POTW actuall y user s of t h PO TW. Radiolo g 1c 1 Cont r ol sh 11 m an d1spo 1 by r 1 ase into sanitary se wer systems 1n accordanc w1 th Rules and R gula 1ons publish d by Color do Dep rtm nt of Health nd th S a of Color do . o h r wa r m n lak s, rivera , atr ma or tre ted or untre ted waatewat r. 8 • I • • • • .. tions, or prohibitions which may be established or adopted from time to time by state or federal laws or regulatory agencies. Sanitary Sewer shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted, including the pipe or conduit system and appurtenances, for the collection, transportation, pumping and treatment of sewage. This definition shall also include the terms "public sewer," "sewer system ," "sewer," and "collect ion line." Service Line (Private Sewer) shall mean the wastewater collector line extending from the wastewater disposal facilities of the premises up to and including the connection to the sanitary sewer . Shall and Will are mandatory; May is permissive. Significant Industrial User shall mean any industrial user of the City's wastewater treatment system whose flow (a) exceeds 25,000 gallons per day, or (b) exceeds five percent (5%) of the daily capacity of the treatment system, (c) is subject to a surcharge for excessive BOD, COD and/or TSS as provided for in this Chapter, (d) has toxic material in its waste stream in toxic amounts as defined in standards issued under Section 307(a) of the Act, or (e) is determined by the Director to have significant impact , either singly or in combination with other contributing industries, on the treatment works such that the quality of the effluent, or sludges, from the treatment works deviates from the requirements set forth in the NPDES Permit issued to the City, or such that interference with the treatment process or facilities would result. Si n ificant Violator shall mean a person who remains in noncompliance With conditions o this Ordinance forty-five (45) days after notification of such noncompliance and which is part of pattern of noncompliance over a twelve-month period or wh ich involves a failure to accurately report noncompliance. liqu1ds , deposits precipit a dimen Sludg shall m an the accumulated solids separated from such as water or w stewat r, during process1ng, or on bot oms of str ms or other bodi s of w er, or the te reault1ng from chem1c 1 tre tment, co gulation, or tion o wa er or w a ew t r. Any diach rg of water, sewag or ntration of any given constitu nt for ny on p riod of dur tion (15) minute mor than five (5) t1mes th (24) hour concentr tion or !lows during th • I • -• • - Standard Industrial Classification (SIC). A classifi- cation pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. Standard Methods. Procedures described in the latest edition of "Standard Methods for the Examination of Water and Wastewater " as published by the American Public Health Association and the Water Pollution Control Federation. Elements of wastewater strength shall be measured by Standard Methods unless otherwise expressly stated. Standard Specifications shall mean the current specifi- cations used by the city of Englewood in the construction of public sewers. State. State of Colorado. State Waters shall mean any and all surface and sub- surface waters which are contained in or flow in or through this State, except waters in sewage systems, waters in treatment works or disposal systems, waters in potable water distribution systems, and all waters withdrawn for use until use and treatment have been completed. Storm Sewer shall mean a sewer that carries only storm, surface and ground water drainage. Storm Water. Any flow occurring during or following any form of natural precipitation and resulting therefrom. Subdivider (Develo!er) shall mean any person who plats and improves undeveloped landor the purpose of industrial , commercial , or residential use. Subdivision shall mean any undeveloped land which has b en platted and is 1mproved for the purpose of industrial , commercial, or residential use. Superintendent . The person designated by the City to supervise the operat1on of th POTW and who is charg d with certain duties nd responsibilit1es by this Article, or his duly uthoriz d r pr s n tive. 10 • Th r, or in I • • • • • System Development Charge shall mean that charge assessed against new users of the wastewater treatment system to finance capital improvement of the wastewater treatment system. Total Metals shall mean the sum of the concentrations of Copper (Cu), N1ckel (Ni), Total Chromium (Cr), Zinc (Zn) and Cadmium (Cd). Total Solids shall mean the sum of suspended and dis-solved solids. Toxic Pollutant. Any pollutant or combination of pollutants listed in Schedule A as toxic or in regulations promul- gated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other Acts. Upset. An exceptional incident in which a Discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in Section 15-5-7(A) hereto due to factors beyond the reasonable control of the Discharger, and exclud in g non- compliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or i mproper operation thereof . Unpolluted Water shall mean water of quality equal to or better than the State or Federal effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided. User. Any person who contributes, causes or permits the c ontribution of wastewater into the POTW. User Classification shall mean a classification of users based on the 1972 (or subsequent) edition of the Standard Industrial Classification (SlC) Manu al prepared by the Federal Office of Man g ment and Budg t. V iscosity. The property of a fluid that resists 1nternal flow by releasing counteracting forces. liqu1d nd buildings , cool1ng water. d 1. S n1t ry Wastew ter sh 11 m n the combination of l1qu1d nd water-carri d wast s discharged from 011 t and o h r nit ry plumb ing faciliti a. 11 • I • • • • 2. • • • Industrial Wastewater shall mean a combination of liquid and water-carried waste, discharged from any industrial establishment and resulting from any trade process carried on in that establishment including the wastewater from pretreatment facili- ties and polluted cooling water. 3. Combined Wastewater shall mean wastewater including sanitary and industrial wastewater, storm water, infiltration and inflow carried to the POTW. Wastewater Discharge Permit shall mean the document or documents issued to a user by the City in accordance with the terms of this Ordinance. Wastewater Pretreatment Facility shall mean any arrangement of devices or structures used for treating wastewater before it is discharged into the POTW. Wastewater Strenith. The quality of wastewater dis- charg d as measured by 1ts e ements, including its constituents and characteostics . Wastewater Treatment System, Wastewater Utility, or Wastewater System shall mean: (a) any dev1ces, facilities, struc- tures , equipment or works owned or used by the City for the purpose of th transmission, storage, treatment, recycling, and reclamation of 1ndustr1al and domestic wastes from within or without the City, or n cess ry to recycle or reuse water at the most economical cost ov r he estimated life of the system, including intercepting sew rs, outfall sewers, collection lines, pumping, power, and other quipment, and their appurtenances, and excluding service lines; (b) extensions , improvements, dditions, alterations or any remod- ling thereof ; (c) elements essential to provide a reliabl re- cycled supply such as standby treatment units and clear well facill 1es; and (d) any works, including th land and sit s that m y be acquired, that Wlll be an int gral part of the treatm nt proc ss or is us d for ult1mat d1sposal of residues r sulting from such re men • 12 • I • • • • • Winter Quarter Water Use shall mean the average monthly amount of water del1vered through the meter of the user during the following periods: WATER USAGE PERIODS FOR COMPUTING SEWER RATES INSIDE CITY MID MID BILL DATE GROUP III Nov. Feb. Mar. 1 GROUP I Dec. Mar. Apr. 1 GROUP II Jan. Apr. May 1 OUTSIDE CITY -DENVER WATER MID MID BILL DATE QUAD IV Jan. Mar. Sept. QUAD III Dec. Feb. Mar. 1 , June 1 Sept. 1 , De c . 1 OUTSIDE CITY -WILLOW WATER MID MID BILL DATE Dec . Feb. J un 1 he designa The following bbrevia ions ahall hav l . BOD -Bloch m1cal Oxyg n D mand 2 . CFR -Cod o F d ral gul iona 3 . COD -Chemical Oxyg n D m nd 4. CWA-Cl r Ac (33 U.S.C . 1251 •• d • q .) , 13 • • • • .. • 5. O&M -Operation and Maintenance 6. EPA -Environmental Protection Agency 7. FOG -Fats, oils and grease 8. 1 -Liter 9. mg -Milligrams 10. mg/1 -Milligrams per liter 11. NPDES -National Pollutant Discharge Elimination System 12. POTW -Publicly Owned Treatment Works 13. SIC -Standard Industrial Classification 14. SWDA -Solid Waste Disposal Act, 42 u.s.c. 6901, et seq. 15. TSS -Total Suspended Solids 16. USC -United States Code 17. USEPA -United States Environmental Protection Agency 18. BAT -Best available technologies 19. BMP -Best management practices 20. BPT -Best practical technologies 21. RCRA -Resource Conservation Recovery Act 22. PIF -Plant Investment Fee 23. NCPS -National Categorical Pretreatment Standards I . • • • .. 15-5-2: GENERAL REGULATIONS A . Supervision l . The Director of Utilities shall be responsible for the management of the wastewater collection system served by the City and all of the property pertaining thereto. He shall see that such system is kept properly cleaned and in good working order and repair. He shall insure proper compliance with all local, state and federal regulations for collection of waste water and shall perform all other duties in connection with such system as may b e required. 2. The Director of Wastewater Trea tment (DWT) shall be r esp onsible for the management of the Bi-City and\or Englewood Wastewater Treatment Plant and all of the property pertaining thereto. He shall see that such system is kept properly cleaned and in good working order and repair. He shall insure proper compliance with all local, state and federal regulations for treatment and discharge of wastewater and shall perform all other duties in connection with such system as may be required. 3. The Director of Utilities and Director of Wastewater Treatment may adopt rules and regul ations in their respect iv a reas of responsibility, j ointly or individually , consistent with the provisions of this Art icle for the administration of the wastewater system. Rules and regulations adopted shall pertain to, but shall not be limited to, discharge, limitations, pretreatment require- ments, standards for installation of wastewater lines and services , a nd implementation of standards promulgated pursuant to the Act. In establishing such rules and regulations, they shall establish standards that will assure safe, efficient operation of the waste- water system , wastewater treatment process or equipment, th will not have an adv rse effect on the receiv1ng water, or will not otherwis ndanger persons or property, or constitute a nui sance. 4. The Dir ctor of Ut1lities , the D1r ctor of W st water Treatment and th Dir ctor of Finance sh 11 k ep such records nd such reports concern1ng th w stewat r utility as h City dir eta. The C1 y M n ger shall k ep th City Counc11 o h operations , fin net 1 condi ions nd fu ur n ds of D p rtments and shall prep r nd aubmi to th Ci y Counctl, t l ast annually , a report covertng th ac 1vit1 s of th 0 part- m nt s , 1nclud1ng at t m nt of r v nu s and o th prec d1ng year. 5. of Ut1l1t1 s and Dir ctor of as pow r to formul and promulga or th dm1nis ion o h s Ord1nanc , auch t1ons shall no inconsia w1 h provialons o 15 • I • • • • ,. - 6. If wastewaters containing any substance described in the following sections of this Code are discharged or proposed to be discharged into the wastewater system of the City or to any tribu- tary thereto, the DU may take any action necessary to: a. Prohibit the discharge of such wastewater; b. Require a discharger to demonstrate that in-plant modifications will reduce or eliminate the discharge of such substances so that the discharge does not exceed the limits set in Section 15-7-7(A) herein. c. Ensure pretreatment , including storage facilities or flow equalization necessary to reduce or eliminate the objectionable characteristics or substances so that the discharge will not violate this Ord inance ; d. Ensure that the person making, causing or allow i ng the discharge pays any additional cost or expense i ncurred by the City treatment system; or e. Take such other or further remedial action as may be deemed to b e desirable or nec essary to achieve the purpose of this Ordinance. 7 . Any act ual or threatened discharge of wastewater con- tainin g substances limited or proh ibited by this Ordinance into the wastewater treatment system of the City wh ich , by the determination of the Director of Utilities or the Director of wastewater Treat- ment , presents an immine nt or substantial endangerment to the health or wel fare of persons or to the environment , or wh ich causes interference with the normal operation of the wastewater treatment system , may be immediately halted or eliminated by either th Director of Utilities or the D1rector of Wastewater Treatment. The Director of Utilities or the Director of Wastewater Tre tm nt may halt or eliminate such discharges by m ans of any proc dure or measure authorized by th1s Ordinanc for enforcement of discharge limitations and prohibitions, or by me ns of physic 1 disconn c 1on from th wast w ter tr a m nt servic • Such discharges may b halted or el1minat d without reg rd to the compliance of th dls- ch rge with oth r provisions of this Ordinance . (B) Proh1bit1ons l. All wast wat r shall d1sch rq d to h POT XC p prov1d d here1naft r. shall be Wl hin Cl y, or C1 y 0 n 0 n o • • • • .. highway, stream, wa ter course, or public place, or into any drain, cesspool, storm or private sewer, or natural water outlet, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with provisions of this Ordinance and local, state and federal laws. 3 . No person shall cause to be discharged or make a con- nection to the POTW which would allow any storm wa ter , surface drainage , groundwater, water from unroofed drains, roof run-off, cooling water or other water into any sanitary sewer. No person shall cause any of the above mentioned water to be mixed with that person's sewage in order to dilute said sewage. 4. Storm water, surface dra i nag e , subsurface drainage, groundwater, water from unroofed drains, roof run-off, cooling water or unpolluted water may be admitted to specifically desig- nated storm sewers which have adequate capacity for the accommoda- tion of said waters . 5. It shall be unlawful for any person, in any way, to damage any property, equipment or appliance constituting or being a part of the City wastewater utility or for any person to trespass upon the property of the City, to tap any sewer main or to make any connections therewith, to deposit any type of refuse into manholes or in any manner to interfere with the wastewater utility or the property, equipment, manholes, piping or appliances of the waste- water collection system and treatment facilities. (C) Specific Prohibitions 1. No user shall contribute or cause to be contributed directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW, wheth r or not the user is subJect to National Categorical Pretreatment Stand rds or any oth r national, s ate or local pretreatm nt st n- d rds or requ1r m n s. A user may not contribute the following substanc s to ny POTW: 17 • I • • • • • substances which the POTW, the State, or EPA has notified the user is a fire hazard or a hazard to the system. b. Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-half inch (1/2") in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal , glass, ashes, straw, shavings, grass clippings, rags, spent grains , spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubri- cating oil, mud or glass, grinding or polishing wastes, and other like or similar materials. c. Any wastewater having a pH less than 5.0 or more than 9.0 unless the POTW is specifically designed to accommodate any such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equip- ment, and/or personnel of the POTW. d. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiv i ng waters of the POTW, to contaminate the sludge of any POTW systems, or to exceed the limitation set forth in a Categorical Pretreatment Standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act. e. Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to prevent entry into the sewers for their maintenance and repair. f . Any substanc which may cause the POTW's effluent or any other product of the POTW, such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interf r with the reclamation process wher the POTW is pursuing a reus and reel m tion progr m. In no c se shall a subst nc disch rg d o h POTW c use he POT o 1n noncompli nee wi h the sludg us or disposal cr1 r1a, guidel1nes , or r gul tiona aff cting sludge us or d upo l. g. Any substanc wh1ch will cause th POTW to viol te i s NPO S P r 1t or th r c iving water quality at nd rds. 18 • I • • - • • • • • h. Any wastewater with objectionable color not remov- able in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. i. Any pollutants, including oxygen demanding pollu- tants (BOD etc.) which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentrations or quantities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concen- tration, quantities, or flow during normal operation. j. Any wastewater containing any radioactive wastes or isotope of such halflife or concentration as may exceed limits established by the Director in compliance with applicable State Rules and Regulations Pertaining to Radiological Control, published by the Colorado Department of Health, State of Colorado. k. Any wastewater which causes a hazard to human life or creates a public nuisance and is not contained in the wastewater system. 1. Any wastewater having a temperature which will cause the temperature of the influent to the wastewater treatment plant to exceed 104 degrees F and /or inhibit the biological activ- i ty in the POTW. m. Any water or waste which contains grease or oil or any other substances that will solidify or become discernably vis- cous at temperatures between 32 degrees F. (0 degrees C) and 150 degrees F (65.5 degrees C). n. Any water or waste containing free, floating or i nsolubl e o i l. o. Wastes from septic tank pumpage or v ults except at locati ons p rmitted by the Director of Wastewater Treatment. p. Waters containing garbag tha has not be n ground or comminuted to such a degree that all particles will b carried freely in suspension under conditions normally prevailing in public sewers. Solid particles shall b no more than on -half inch (1/2") in any dimension. q. Unusu 1 concentr tion1 of di1solved 1olid1 . r. Any w stew t r conta1ning BOD, total 1olida , or susp nd d olid of such ch racter and qu ntity th t unusu 1 att n- tion or exp n 1s r quired to h ndl such mat ri 11 at th w er tr atm nt pl nt; provid d , however, th r- mlt d by IP cific , wr itt n gr em n wi h h men 19 • I • • • • • • to discharge such BOD or TSS may provide for special charges, sur- charges, payments or provisions for treating and testing equipment. s. Ammonia nitrogen or substances readily converted thereto, in amounts that would cause the POTW to fail to comply with its NPDES Permit. 2. Any material or substance not specifically mentioned in this section which in itself is corrosive, irritating, or noxious to human be i ngs and animals, or which by interaction with other water or waste in the public sewer system could produce undesirable effects or create any other condition deleterious to structures, treatment processes, and quality of the receiving stream, is hereby prohibited. 3. Any material or substance entering into the public sewer which interferes with the treatment process even if it is within the concentration limitations stated in 15-5-7(A) may be prohibited upon written notice by the Director of Utilities. 4. The Director of Utilities with the approval of the Director of Wastewater Treatment may grant a variance from the provisions of this Chapter to those persons applying for such a variance in accordance with the rules and regulations published by the Directo rs. Variances may be considered under the following circumstance s: a. Compliance with the prohibited discharge provi- sions would im pose an undue hardship on the person discharging wastes to the POTW; b. Acceptance of the discharge does not adversely affect the POTW. (0) Federal Categorical Pretreatment Standards Upon the promulgation of the Federal Categorical Pretreatment Standard for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed herein for sources in that subcategory , shall immediately supersede th limitations imposed herein. The Director of Utilities shall notify all affect d us rs of the applicable reporting requir menta. (E) Sp cific Pollutant Limitations No p rson hall disch rg wastewater conta1ning pollutants in exc ss of the LIMITATIONS ON DISCHARGE, as s t forth in 15-5-7 (A). 20 • I • • • • .. • (F) State Requirements State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those contained herein. (G) POTW's Right of Revision No user shall increase the use of process water or, in any way , attempt to dilute a discharge as a partial or complete substi- tute for adequate treatment to achieve compliance with any appli- cable limitations. (H) Excessive Discharge No user shall increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substi- tute for adequate treatment to achieve compliance with any appli- cable limitations. (I) Accidental Discharges Each user shall provide protection from accidental dis- charge of prohibited materials or other substances regulated herein. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's own cost and expense. In the case of an accidental discharge, it is the responsibility of the user to immediately notify the Director of Utilities and the POTW of the incident. The notification shall include location of discharge, type of waste, concentration, volume, and corrective actions. With in five (5) days following an accidental discharge, the user shall submit to the DU a detailed written report describing the cause of the discharge nd the measur s to be taken by the user to prevent sim ila r future occurrenc s. Such notification shall not rel1eve th user of any expen , loss , damage, or other liab1l1ty wh ich may be 1 ncurred as a r esult of d mag to the POTW, fish kills, or any oth r damage to persons o r prop rty, nd such us r sh 11 be l1abl e th r efor , nor sh 11 such notif1cat1on r eli v the u r of ny f1n s , civ1l p n lties , or o her liab1lity wh ich may be imposed by th1 Ord1n nee or other pplicable l w. P 1lure to report ccld nt 1 di ch rg s m y , 1n dd1t1on to any oth t r m d1ea , result 1n the revoca 1on o h d1sch rg t's was w r diacharg p rmit . If th PO 1s 1n d by he Stat or Federal governments for violat1on of the POTW's NPO S P rmit or viol t1on o[ Water ual1ty s and rda as he r sul of a splll or 1nt n 1onal slug disch rge of a toxic pollu h n th f1ne , ncludlng all POT legal, aampl1ng , n ly ing costa nd ny oth r rela d cos a shall be charg r apona1bl us r. 21 • • • • • (J) Discontinuance of Privy Vaults, Cesspools, and Septic Tanks and Outhouses 1. Connection Required: All improvements now using privies, vaults, outs1de toilets , cesspools, septic tanks, greate traps, leach fields or other sewage disposal facilities in the City, or hereafter in the City, shall be connected with the public sewer lines of the City or of any sanitation district in the City, provided such public sewer line has been brought within four hundred feet (400') of any part of such dwelling or improvement requiring sewage disposal service, and provided that such connec- tion shall only be required when such privies , vaults, outside toilets, cesspools, septic tanks, grease traps, leach fields or other sewage disposal facilities fail to function properly so that they have to be repaired so as to make them usable. 2. Abandonment of Privies, Cesspools, Septic Tanks: All outside toilets, privies, vaults, cesspools, septic tanks, grease traps and leach fields now existing in the City where any part of the dwelling or improvement is located within four hundred feet (400') of a public sewerage line of the City, or of a sanitation district of the City shall be abandoned and no longer used, in the event that any one of such items shall be overflowing, full or not functioning properly, so that it has to be repaired, in which event the owner of such premises shall immediately make arrangements to connect the improvements using such facilities and such connection shall be made within sixty (60) days by owner at owner's expense. 3. The contents of privy vaults, septic tanks, cesspools, or outhouses within the limits of the City shall not be removed therefrom, nor shall the same be transported through any street, alley or public place within the City, except in a sanitary manner, through or by means of airtight tanks, if soft and mixed with matter, and if solid or dry, in tight covered tanks in such manner as shall prevent the escape of any nox ious gases or offensive odors a nd preserve such contents from sight or exposure during cleaning nd removal shall be kept and maintained in sanitary condition and shall b subJect to inspection by the Department of Health of th Coun y. (K) New Con struction service the s w 1. 2. Dunng h ry toll ions o th 22 I • • • • • Health, and as soon as such dwelling or improvement is connected to the public sewers, such use shall be abandoned and all evidence of such use properly covered or disposed of. (L) Manhole Covers No person shall open any sewer manhole without the per- mission of the Director of Utilities. (M) Special Agreements and Contracts No statement contained in this section shall be construed as prohibiting special written agreements between the POTW and any other person allowing industrial waste of unusual strength or character to be admitted to the POTW from any part or parts of such POTW, or person or persons living outside the boundaries of the POTW, upon such terms and conditions and for such periods of time as may be deemed reasonable. (N) Prohibited Connections No person, corporation, or other business entity, either in person or through an agent, employee, or contractor shall make, allow or cause to be made any connection to the POTW for the pur- pose o f servicing property outside the boundaries of the POTW, except upon recommendation of the DU and the approval of the City Council. (0 ) Private Wastewater Di sposal 1. Private Disposal a. Prior to commencement of construction of a pr i v a te wast w te r d i sposal sys t em, the owner or his agent shall first o b ta1n wr i tten permiss i on f rom the Tri-County Health Department f or su bmiss 1 o n t o the DU. b. The a pp lica t i on for the perm it requ i red by Sect i on 15-5-5 shall b e ma d e on a form fu rn ished by th e Tr i -County He a lth Departm nt which th applicant shall su pp l m nt by a ny plans , sp ci!1cation and other information as is deemed necessary by the Tri-County He lth Department . c . The o wn r or his 9 nt sh 11 operate and maint in the pr1vate wast wat r d1 posal facillties at his sole e x pense and 1n compl1anc with 11 federal , stat , a n d local 1 ws , rules and r gul t1ons. d. No stat men co n tained i n thia sec io n ahall b constru d to interfere with any ad d ition 1 r e q ui r m nts which m y 1mposed by he H alth D partm n or DU . 23 • I • -• • • e. The type, capacity, location, and layout of an individual wastewater disposal system shall comply with all stan- dards of the Tri-County Health Department. No permit shall be issued for any individual wastewater disposal system employing subsurface soil absorption facilities where the area of the lot does not meet the regulations imposed by the Health Department and in no event where the area of the lot is less than fifteen thousand (15,000) square feet. f. The Tri-County Health Department shall be allowed to inspect the work under this division at any stage of construc- tion; and, in any event, the applicant for the permit shall notify the Tri-County Health Department when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within forty-eight (48) hours of the notice by the DU, exclusive of Saturdays, Sundays and legal holidays. 2. Wastewater or Septic Tank Haulers Wastewater or septic tank haulers shall not discharge any waste within the corporate boundaries of the City of Englewood except where directed by the DU and DWT. All violators are subject to the legal liabilities and penalties provided in this Ordinance. 2 4 • I • • • • • .. 15-5-3: FEES AND CHARGES (A) Purpose It is the purpose of this Section to provide for the payment of all POTW costs, including Utilities Department costs and Department of Wastewater Treatment costs. The total annual cost of operation and maintenance shall include, but need not be limited to , labor , repairs, equipment replacement, maintenance, necessary modifications, power, sampling, laboratory testing and a reasonable contingency fund. The charges will be based upon the quality and quantity of user's wastewater, and also upon the Department of Utilities and Department of Wastewater Treatment capital and operating costs to intercept, treat , and dispose of wastewater. The applicable charges shall be as set forth herein. (B) General. There is hereby levied and charged on each lot , parcel of land and premises served by or having sewer connection with the sanitary sewer of the City of Englewood or otherwise discharging sanitary sewage, industrial wastes or other liquids, either directly or indirectly, into the city sanitary sewer system an annual service charge which shall be computed and payable as follows: (1) The charge for sewage treatment shall be based on the gallonage of water delivered to the premises during the appropriate water meter reading period falling between November 1 and April 30. This gallonage converted to an annual equivalent and multiplied by the annual rate per one thousand (1 ,000 ) gallons provides th annual treatment charge. (2) A charge for sewer collection system maintenances shall be established annually by action of the city council where premises are served by the city collection system. Where the city does not own and maintain the collection system, the city will collect charges for maintenance of sam only when authorized by the t rms of contract between the city and th sanitation district. (3) Wh re w t r usag informat on is not av ilable, s wage e rvice charges ah 11 be computed using the current rate per on thous nd (1,000) g llons nd bas d on the following normal usage by cl ss, as follows: 2 5 • • • • • • 2 months (A) Single family dwellings 14 (B) Multifamily dwelling units 9 (C) Mobile home units 5 (D) Commercial (by meter size/ capacity) 5/8 inch 19 3/4 inch 29 1 inch 49 1 1/2 inches 97 2 inches 156 3 inches 311 4 inches 487 6 inches 973 3 months 21 13 8 29 44 73 146 234 467 730 1,460 12 months 83 52 32 116 176 292 584 936 1,868 2,920 5,840 Normal usage by class will be checked by tabulation and averaging at least every five (5) years to detect and adjust for changes in patterns of water usage. (4) The minimum charge per year for sewage treatment service, by customer class, shall be a percentage of flat rate charge, this amount representing the fixed portion of operation and maintenance (0 and M) costs. (5) Outside city customers will be charged one hundred five percent (105\) of the amount charged inside city customers for similar service to compensate for additional infiltration from the longer interceptor lines. This factor has been included in the flat rate and minimum rate tables in subsection 8 below. (6) Charges for service to customers inside the city limits shall be billed in quarterannual installments in advance. Charges for sewer only service outside the city may, at the discretion of the finance director, be billed annually where this would not conflict with special provisions of a connector's agre ment. All bills a re du and payable as of the b illi ng date and become d l1 nquent thirty (30) days after the billing date. (7) p riod1cal1y User ch rges shall be reviewed annually and rev1s d o r fleet actual reatm nt works 0 and M costa . 2 • • • -• • • (8) The following rates shall become effective upon passage of the ordinance: Sewage treatment charge Collection system charge TOTAL SCHEDULE I Customer In City Class City Sewers Billed Qtrly Flat Rate Single- Fam.Dwg. 19.95 Multi- Fam(Unit) 12.35 Mobile Home 7.60 Comme r cial & Ind . (By meter size) 5/8" 27 .50 3/4" 41.75 1" 69 .25 1-1/2" 138 .50 Min. 18.15 11.25 6.90 25.05 38 .00 63 .00 126 .05 SCHEDULE II In City District Sewers Billed Qtrly Flat Rate 17.60 10.90 6.70 24.30 36.85 61 .1 5 122.25 Min . 1 6.00 9.90 6.10 22.10 33.55 55 .65 lll. 25 Rate (per 1,000 gallons) .8374 .1114 .9488 SCHEDULE II I Outs i de City District Sewers Billed Annually Flat Rate 73 .80 45.80 28 .20 102.00 154.80 256.80 513 .60 Mi n. 67. 20 41.60 25.60 92.80 140.80 233.60 4 67 .20 SCHEDULE IV Outside City District Sewers Billed Qtrly Flat Rate 18.45 11.45 7 .05 25.50 38.70 64.20 128.40 Min. 16.80 10.40 6.40 23.20 35 .20 58.40 ll6. 80 2" 222.00 202.05 195 .95 178.30 823.00 74 9 .00 205 .75 187 .25 3" 443.10 403.20 391.10 355.85 1642.40 1494.80 410.60 373.70 4" 692.60 630.30 611.30 556.30 2567.40 2336.40 641.85 584.10 " 1385.25 12 0.60 1222. 0 1112.55 5135.00 4672.80 1283.75 11 8.20 " 2201.10 2003.00 1936.95 1762.60 8159.75 7 42 5.35 2039.90 1856.35 10" 3164.10 2879.35 2784.45 2533.80 1172 .70 10674.00 2932.40 2668.55 27 • I • • • • • Minimum charges both inside and outside the City are Ninety-one Percent (91%) the flat rate charge for the customer class involved. (C) Special cases. (1) Schools operating on a nine (9) month school year shall be billed seventy six percent (76%) of the charges which would normally accrue for similar usage by a residential customer. (2) Industries, car washes and other establishments where summer irrigation water is not significant or where seasonal business fluctuati ons are more significant than irrigati on usage shall be billed based on annual rather than winter period water usage. (3) Customers with delivery flow characteristics significantly different from those of a single family dwelling shall pay an additional readiness to serve fee based on the following formula: R=V (.91 x NW) where: 365 R Annual delivery flow rate characteristics charge .91 Readiness to serve portion of 0 and M costs NW Customer's annual nonworking days 365 Number of days in calendar year V Annual volume charge for wastewater treatment (4) Other cases. Where the procedures above are not ap pl icabl e , or when a ppl icati on of same would work an obvious and si gn i f i can t i n jus tice t o th e c ustomer, a rate shall be es t abl i shed by the Di r ec tor bas ed on r ea son a b le est i mates of pro j ected flow. (D) I f a n y wate r o r wa s t es a re d i sch a rged, or are proposed to be d i s c h a rged to the pu blic s e we rs, wh i ch waters conta i n the su b sta n ce s o r p ossess the ch r acte r isti cs e num e r a ted i n Subsec t i on 15-5-2(8 ) a b ove and , in the judgme nt of the Di r ect or o f Utilities , may have a deleterious effect upon the se wa g e wo r ks , pr ocesses , equipment or receiving waters , or which otherwise create a hazard to lif or const1tute publ1c nuis nee , th Dir ctor shall also charge the following f es: Require paym nt to cov r th dded coat of handling and tr ating the w stes consid r d s "Industr1al Wastes ," by imposing th follo w1ng formula: SC • M,X8 .3 4 UCo(AOD)+UCs(SS 300). SC • surcharg 1n doll ra nd cen a p r month M • volum of sewag n m llion gallona per y ar discharg d to the public sewer . 28 • I • • • .. - 8.34 = conversion factor; one gallon of water to pounds. UCo = unit charge for AOD (additional oxygen demand) in dollars per pound. (i) unit charge for BOD: $.0133. (ii) If COD is less than 3.0, then AOD = (BODS 200). BODS 200 mg/1, but COD is greater than SOO/mg/1, then AOD = (COD SOO). COD chemical oxygen demand strength index in milligrams per liter (SOO milligrams per liter or over). BODS = five day biochemical oxygen demand strength index in milligrams per liter (200 milligrams per liter or over). UCs = unit charge for SS in dollars per pound. SS = suspended solids strength index in milligrams per liter (300 milligrams per liter or over). Unit charge for SS: $.0324. 200 normal BODS strength in milligrams per liter. 200 normal SS strength in mi lligrams per liter. 400 = normal COD strength in milligrams per liter. The application of the above formula provides for a surcharge for BOD, COD and for SS. If the strength index of BOD, COD or SS is less than the base number that is being subtracted from it , then there shall be no surcharge for that particular category, nor shall there be a credit given to the total surcharge. (E) Industrial Cost Recovery (ICR) 1. Industries affected shall be thos identified in the St nda rd Industrial Classification Manual, (SICM) 1972 as revised, Div1sions A through I, with the sp cif1c exception of those 1ndus ries which discharge only nonprocess, s gr gated domest ic w stes or wast s from sanitary conven1 nces. Aff cted industries will b class1f1ed s follows: (1) Significant 1nduatri 1 users shall be mon1 or d to d str ng h lev la. This shall b ceo pllshed ccord1ng to progr m establ shed by th Dlrector of Utilities nd Direc or of h WWTP. Th results of sampl1ng and record d 1n the utilites office, r port d to the d 1ndua ry and r por d o r gulatory g nc1 a p r heir dir Ct1V • (2) Paym nt ra es ah ll co put d for IC cu b s d on h ollow1ng bas1c cap1tal coats or h B -City 2 • • Q (Volume): BOD: SS: • • .. • $460.12/1,000 gallon day of capac ity 30 .47 /pound day of capacity 35.04/pound day of capacity Specific individual rates will be calculated based on the volume strength and rate of flow in accordance with current federal guide- lines. Adjustments to individual rates will be made annually or more fre- quently, whenever evidence is received that a major change in wastewater volume and/or characteristics has occurred. Payment will commence within one (l) year of the date of initiation of service through the Bi-City and/or Englewood Plant. (F) Restoration of Service Sewer service shall not be restored until all charges, including the expense of termination and charge for restoration of service , shall have been paid. (G) Collection Procedures 1. Charges Responsibil ity of Owner. All fees and charges shall be chargeable against and payable by the owner of the premises receiving sewer service. 2. Periodic Billing Statements. a. The City shall cause billings for wastewater treatment and /or water charges to be rendered periodically at rates established . b. Billings for charges nd ny other notic s sh 11 b ff ct1v upon mailing aa1d b illi ng or not1c to th last known ddre of th user a shown on C1ty recorda. c . Th s rv1ce ch rg s provided 1n this Ord1nanc shall be b1ll d and paid 1n full wit h1n th1rty (30) days fro dat of b1l11ng. o par ial paymen a ah 11 be accept d. ra 1na itu or d. lf w r ra ea t rm1na e a rvic o her h n on sh ll b prora d. ng da a, h b11l (H) ). ah 11 b p Ct y. ncy and Coll c ton r 0 I • -• • • billing, it shall be deemed delinquent, whereupon a twenty five percent (25%) surcharge may be imposed for collection services. 2. Nonpayment: All sewer charges and surcharges, includ- ing, but not limited to, collection charges, pretreatment charges, monitoring charges, shall be a lien upon the property to which sewers are connected from the date said charges become due until said charges are paid. The owner of every structure of premise shall be liable for all sewer charges for uses on his premises, which lien or liability may be enforced by the City by action at law to enforce the lien. In case the tenant in possession of any premises shall pay the sewer charges, it shall relieve the landowner from such obligations and lien, but the City shall not be required to seek payment from any person whomsoever other than the owner for the payment of sewer charges. No change of ownership or occupation shall affect the application of this section, and the failure of any owner to discover that he purchased property against which a lien for sewer service exists shall in no way affect his liability for such payment in full. Said delinquent payments, and the lien created thereby, shall be enforced by assessment upon the property and premises so served and certification thereof to the County Treasurer for the collection under and in pursuance as provided for in this Code. (I ) Disconnection Clause 1. City may disconnect within the City or contract areas served by the City for accounts delinquent more than ninety (90) days. Notice given to last known address of user or owner th i rty (30) days prior to disconnection. All costs of disconnection shall be repa i d at time of reconnection. 2. When the prem i ses to which such service is provided are located wi thout the l i mit s of the City, failure to pay the rates a n d cha rges for treatme nt and disposal of sanitary sewage when du shal l be cau s e for th Ci ty Cl e rk to certify to the County Comm issi oners of th e cou nty i n wh i ch sa i d delinquent user's pro p erty is located the cha r g s due and unpaid, on or bef o r ovember l of each ye r , and the r e upon a nd unt il pa i d, t he s ame shall be a lien upon the re 1 propert y so s er v d by said sew rag aya em nd shall be levi d , certified , received or c o ll cted by sale annu lly from year to year by the prop r county officials as a re gen r 1 t x , and he proc eds therefrom remitted to th Ci y o Englewood ; provided that f th prem1ses re supplled w1th Ci y water services , auch service may be shut off un il such rat s nd charg for treatm nt and disposal of sanitary a wag sh 11 hav b n paid . 31 I • • • • 15-5-4: PRIVATE SEWERS, CONNECTIONS AND REPAIRS (A) Buildings to Have Separate Connections Each building shall be served by its own sewer service line, and no connection shall be made by extending the service from one property to another property. Each separate building in a Planned Unit Development shall have a separate sewer service line. (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 r i sk of the user; otherwise, old private sewers shall be plugged at the user's expense upon discontinuance of service. The plug i n the old private sewer must be inspected and approved and a plan review and inspection fee will be charged by the Ci ty. (C) Design and Construction The size, slope, alignment, and materials of construction of a private sewer, a nd the methods to be used in excavating, p l acing of pipe, j ointing, testing, and backfilling the trench and all other work shall conform to the requirements of the Building a nd Plumbing Code or other applicable codes, laws, rules and regulations of federal, state, and local entit i es. (D) Private Sewer Elevation In all s tructur e s where the elevat i on i s too low to permit g r avit y flow t o the p u b li c sewer, san i tar y sewag e d ischarge from such structure s ha l l b e li fted and dis c h a r g e d to the sewer by a C1ty a nd T r i -Co u n ty Health Dep a rtme n t ppr oved fa c i l ity which sh all b o p e r a t e d n d ma1nta1 n ed by t he us e r. (E) In stall All cos connection of th sh 11 r t 1n or ak connection n ee and ex p enses incidental to the installation a n d pr1v te s wer shall be borne by the applicant who mploy a llcensed se w r contr ctor or plumber to nd install a s wer. The aerv1c from the public sewer m in l1n o the be serv d sh ll be installed by th property o wn r at The own r shall hold the City harml ss for any loss dlr c ly or indirec ly be occ sion d by the h lin or th malfunc 1on of any old 32 • • • • • • The owner of any property connecting to the POTW shall be responsible for the maintenance of the service line from the public sewer to the structure to be served. The owner shall keep the service line for which he is responsible in good condition and shall replace at his expense any portions thereof which, in the opinion of the Director of Utilities, have become damaged or disintegrated as to be unfit for further 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) Permit Required Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Director of Utilities. (G) Connection Requirement 1. The applicant for the private sewer permit shall notify the Director of Utilities when the private sewer is ready for inspection and connection to the public sewer. The applicant must have secured permit and have met all City requirements. The connection shall be made under the supervision of the Director of Utilities or his representative. 2. The owner of any structure used for human occupancy, employment or activity , situate within 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 (400) feet of the property line of the prop rty upon which the structure is located. Such conn ction shall be made within n1nety (90) days after notice from th Director is s rv d on th owner of th property affected; provided, however , that 1n the vent complianc w1th th1s section causes severe economic hardsh1p o sa1d person, he may apply to th C1ty for ex mption from h1s section. Such applica ions shall s 1n d t il the c1rcum tances wh1ch are claimed to cause such 1c h rdship. Such shall only b grant d to nt1al users , shall o oth r us rs, nd sh 11 be d only for such 1 onstr ed hardship xists. Serv1c to th of on th prop r y 1n ma1l1ng a copy of such no o! h prop y as disclo curr n r cords of h Ar own r 33 • I • • • • • 3. If a public sewer is not available within four hundred (400) feet of the property line of the property upon which a house or building is located, a private sewage disposal system constructed in accordance with applicable regulations 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 (400) feet 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 part A 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. (H) Damage to POTW Any person who maliciously, wilfully, or negligently breaks, damages, destroys, uncovers, defaces, or tampers with any structure, appurtenance or equipment which is part of the POTW shall be subject to such action and penalty as provided in E.M.C. 15-5-6. J C • • • • • 15-5-5: INDUSTRIAL WASTEWATER DISCHARGE PERMITS (A) Wastewater Discharger 1. There shall be no discharge of wastewater into th e POTW, or in any area under the jurisdiction of said POTW, w1t h out a wastewater discharge permit (except as authorized by the Di r c tor in accordance with the provisions hereof). 2. Permit Issuance The Director shall issue a wastewater discharge permit to the applicant if he finds that all of the following cond1tions are met: a. The proposed discharge is in compl i ance with t h e prohib i tions and limitations of Sections 15-5-2 and 15-5-7 (A) and (C) of this Chapter; b. The proposed discharge would permit the normal and effic i ent operation of the wastewater treatment system; and c. The proposed discharge would not result i n a vi olat i on by the City of the terms and condit i ons of its NPDES Perm i t. 3. Permit Denial and Appeal a. In the event an application for a Wastewater Disch a rge Permit is denied, the Director of Utilities shall notify t h e applicant in writing of such denial. Such notification shall s ta t e the grounds for such denial with that deg r ee of specificity which wi ll inform t he a ppl i cant prior to i ssuance of a permit. b. Upon r ece ipt of not i f i cat i on of denial of a permi t applic ti on, t he appl ica n t ma y request and shall be granted a hea r 1 n g to b he ld by t h Di r e c t or of Ut i l i ties. At such hearing th a p pl1ca nt sh a l l hav t h e burden o f est a blishing that th condi ions s t o u t i n this Chapt e r h a v e b n met and that a perm it hould issue . The hear1ng shall be held wi t hi n th i rty (3 0 ) d a y s of appl1can 's r quest but may be continu d u p on a s h ow i ng o f good c us o do so by eith r the City or th applicant . c . Upon r vi w of th v1dence by th Dir ctor o! U ill te , he shall make findings o! fact and 1ssue an Order dir c 109 tha a was wa er discharge p rm1 be isau d , or d i r c 1n9 tha such permit shall not issu d , or 91ve such or fur her ord rs and d1r c 1ve as ar n cess ry nd p p r o p s Permi or a single rei 1 us r shall 35 1ly , multi-family , a1n 1 n eff ct u n til I • • • • • • 2. All users proposing to connect to the wastewater system shall obtain a construction permit before connection to and/or discharging to the system. Users shall complete and file with the Director of Utilities an application in the form prescribed by the Division and accompanied by a fee as set forth in Schedule B. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information: a. Name, address, location of discharge (if different from the address). b. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended. c. Time(s ) and duration of discharge. d. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, connections, and appurtenances by size, location and elevation. If deemed necessary by the City, such plans shall provide for separate systems for handling sanitary and industrial wastewater. Nonresidential buildings may be required to have installed a sewer sampling manhole for City access to its wastewater being discharged to be installed per City engineering requirements. e. Description of activities, facilities and plant processes on the prem i ses, including all materials which are or could be discharged. f. Each product produced by type, amount, and rate of produ c t i on. g. Number a nd type of employees and hours of work. h. Any oth e r i nformat i on deemed by the Di rector of Uti l i t ie s t o be ne e ss a ry t o e v a lu a t the permit application. (C) I n d u s tr ial P r mits 1 . The Director of Utilit1es sha l l r e q ui r e a sig n ificant u er to ob ain n Industrial P rmit . All e x isting 1ndustri 1 users sh 11 pply for an Indu tri 1 P r mit c mber 31 , 1984 , nd propos d new signif1c n indu tr1 1 u era shall apply t 1 ast nine y (90) d ys prior to con n cting to or contributing to the POT W. U er shall compl te n d file with th 01r ctor n appl1cat1on in th form pr scri b ed by th D p rtm n nd accomp ni d by a fee as may be r q uir d, co n taining in orma 1on , 1n addi 1on to that requir d for G n e r al Permit , 1n uni s nd rms ppropri or ev lua ion , s follo ws : 3 • I • • • • .. • a. Wastewater quantity and quality. Quality charac- teristics include, but are not limited to, those mentioned in Section 7-5-7(A) and (C) of this Chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(h) of the Act and contained in 40 CFR, Part 136, as amended; b. Average daily and thirty-(30) minute peak wastewater flow rates, including daily, monthly and seasonal variati ons, if any; c. Where known, the quantity and specific nature of any pollutants in the discharge which are limited by any pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet applicable pretreatment standards. d. Written description and diagram of existing pretreatment equipment, if any, including, but not limited to, treatment processes, treatment tank dimensions and retention time, chemical supplies, operating personnel and certification, and plumbing diagram of treatment system. e. If additional pretreatment and/or 0 & M will be required to meet the pretreatment standards, the schedule by which the u3er will provide such additional pretreatment. The completion date 1n this schedule shall not be later than the compliance date established for the application pretreatment requirements. The follow1ng conditions shall apply to this schedule: (i) The schedule shall conta1n increments of progress 1n the form of dates for the comm ncement and completion of maJor events leadtng to th construct1on and operation of ddttton 1 pr treatm nt requtred for th user to m t th appltcabl pretreatment requtrements. ( i i) No tncr ment ref err d to tn p r graph (a) shall exc ed n1ne (9) months. (111) Not later than fourte n (1') days followtng ach date in th schedule nd the final date for compll nc , th u r sh 11 submit a progress r port to th Oir ctor of U iliti s including as a m1nimum, wh th r or no the user complied wi h h 1ncr m n o progr sa to m on such da e nd, if not, th dat 37 ) • • • .. on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. f. Any other information deemed by the Director to be necessary to evaluate the permit application. the permit application. 2. Permit Modifications Upon enactment of a NCPS and within the time prescribed thereby, the Industrial Permit of users subject to such standards shall be revised to require compliance therewith. Where a user, sub j ect to a NCPS, has not previously submitted an applicat i on for a permit, the user shall apply for a perm it within thirty (30) days after notice of the enactment of the applicable NCPS. The user with an existing Wastewater Discharge Permit shall submit to the Di rector of Utilities, within thirty (30) days after such not i ce, the information required pursuant to this Section. The terms and conditions of the permit shall be subject to modification by the POTW during the term of the permit as limitations or requirements are modified or other just cause exists. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance, as determined by the Director. 3 . Permit Conditions Permits shall be expressly subject to all provisions of this Chapter and all other applicable regulat i ons, user charges and fees establ1shed by the City. Permits may contain, but are not limited to, the following: a . The unit c harge or schedule of user charges and fees for the wastewater to be discharged to the system. b. Limits on th verage and m ximum mass and/or concentrat1on of wastewater constituents a nd character1stics. c. Limits on v rage and maximum rat and time of disch rg or requiremen s !or flow regulations and qualizations. d . R quirem n s or ins allation and mainten nee of tnsp c ion nd sampling fac1lit1e Sp c1ficat1ons for monitoring programs wh1ch may includ s mpling locattons , r qu ncy o sampling , number, types and s and rds for t • s nd t por ing schedul • Complianc sch dul a . 38 • I • • • .. g. Requirements for submission of technical reports or discharge reports. h. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City and affording City access thereto. i. Requirements for notification of the City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system. j. Daily average and daily maximum discharge rates, or other appropriate conditions, when substances subject to limitation and prohibition are proposed or present in the user's wastewater discharge. k. Requirements for notification of slug discharges. 1. Requirements for separate systems to handle sanitary and industrial wastewater, such that in the event the user's industrial wastewater is causing or could cause an interference or a potential interference with the POTW, the industrial wastewater could be severed, preventing discharge into the POTW and still allowing the user's sanitary wastewater to discharge into the POTW. m. (i) Required when necessary by Director; Exception: grease, oil and sand interceptors shall be provided when, in the opinion of the Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts , or any inflammabl wastes, sand and other harmful ingredients ; except, that such int rceptors shall not be required for pr i vate living quarter or dwelling units . (ii) Construction Sp ci ications: grease nd oil in ercep ors shall be construe ed of imp rv1ous mater ia ls c p bl of wi hstanding abrupt and x r me changes in t mp rature. They shall b of su b s an ial cons ruction , wa ert1gh , nd quipp d with aaily re ovable covers which, wh en bolt d 1n place shall 9 a ight and t rt1gh • All 1nterc p ora shall be of a c paci y pprov d by h Dlr ctor o U ili 1 a a n d shall d ao •• o r dtly nd aily b cc seibl or cl aning and 1nap c 1on. gr as , 011 his xp na H 1n n . 0 h r cond1 ions • o wn r •• by h C Y• • • • .. o. In the event the type or volume of materials from the property for wh ich a discharge permit was previously granted shall materially and substantially change as determined by the Division, the person previously granted such permit shall make a new application to the City, in the same manner and form as originally made. 4. Permit Duration Permits shall be issued for a specified time period, not to exceed three (3) years. A permit may be issued for a period less than a year or may be stated to expire on a specified date. The user shall apply for permit reissuance a minimum of one hundred eighty (180) days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements are modified or other just causes exist. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Any permit may be cancelled or terminated for failure to comply with the requirements hereof. 5. Permit Transfer Prohibited Permits are issued to a specific user for a specific operation. A permit shall not be sold, traded, assigned, trans- ferred or sublet. (D) Monitoring Facilities 1. The industrial user shall provide and operate, at its expense, monitoring equipment and facilities sufficient to allow inspection , sampling and flow measurements of the private sewer or internal drainage systems and coordinated w ith building drain sys- tems. The monitoring facility should normally be situated on the industrial user's premises, but the City my, when such a location would be impractical or cause undue h rdsh1p on th industrial us r , allow the facility to be constructed 1n the public str et or s1dewalk area and located so th t it will not be obstructed by 1 ndscaping or p rk d v hicl s. The facility should b capped with w tertight lid nd that fac1l1ty shall not be loca d 1n stre t or gut er. 2. There shall mple room 1n or n ar such monitor ng manhol or fac1lity to allow ccurate s mpling and pr paration of amples for n lya1s. Th fac1l1ty, sampling nd m asuring equlp- m n shall be maintained t 11 tim s in safe and prop r opera- ing cond1 ion a the exp nse o th industr1al user. 40 I • • • .. 3. Whether c onstructed on public or private property, the sampling and monitoring equipment and facilities shall be provided in accordance with the POTW's requirements and all applicable local construction standards and specifications. Construction shall be completed within sixty (60) days following written notification by the Director. 4. Whenever required by Director of Utilities, the owner of any property serviced by a private sewer carrying nonresidential wastewater shall install a monitoring manhole for each separate discharge in the private sewer i n accordance with plans and specifications approved by the Division's Engineer, installed and maintained at all times at industrial user's expense, which shall have ample room in each sampling chamber to take accurate flow proportioned composite samples for analysis. The monitoring manhole shall be safely, easily and independently accessible to authorized representative of the POTW dur i ng normal business hours. a. Each monitoring manhole shall contain a Palmer- Bowlus flume or similar device approved by the Director of Utilities with a recording and totalizing register for measurement of the liquid quantity; or at the discretion of the Director of Utilities the metered water supply to the industrial plan may be used as the liquid quant ity , or where a measurable ad justment agreed to by the Director of Utilities is made in the metered water supply to determine the liquid waste quantity. b. Samples shall be taken and properly preserved in acco rdance with Standard Methods a nd shall be a representative t wenty-four (24) hour sample. Such sampling shall be done as prescribed by the Director to ensure representative quant iti es for the ent ire reporting per iod. Certain pollutant parameters such as, but not limited to , oil, grease, a nd /or chlorine demand wh ich cannot be collected by using a 24-hour sample may be collected by the use of a "grab " sample. c. The frequency of sampling, the monitoring manhole, the metering device, sampl i ng methods and a nalysis of samples shall be subject , at any time, to inspecti on a nd verification. d. All metering and sample collection shall be done by the C1ty or a priv t entity as designated in Section 7-5-5(1)2 and shall have a aplit flow sampl nd sh 11 be v ilable to the POTW laboratory for opt1onal nalyaia. e. The industrial user ia r quir d to analyze the sample 1n accordance with the requ1r m nts atabliahed in the p rmit. All t sting 1s at th xp ns of the industrial us r. 41 • I • • • • • • 5. The Director of Utilities may require that the monitoring facilities be installed in a permanently fixed above-ground enclosure. (F) Inspection 1. The Director of Utilities or his representatives may inspect the equipment and facilities of any user at any time during normal business hours to ascertain whether the applicable ordinances, rules and regulations are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Director of Utilities or his representatives ready access at all reasonable times to all parts of the premises for the purpose of inspection , sampling, records examination, or the performance of other duties. The POTW, State and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and /or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the POTW, State, and EPA will be permitted to enter, without delay, for the purposes of performing the i r spec i fic responsibilities. 2. While performing the necessary work on private proper- ties, the Director of Utilit i es or duly authorized employee of the C i ty shall observe all safety rules applicable to the premises e s t abl i shed by the business. (G ) Fa i lure to Permit Inspection In t h e event a duly authorized officer or agent of the POTW is refu s e d a dmiss i on f or any purpose, the Di rector o f Utilities may cause wa t e r service to the pr e mi ses i n quest i on to be discontinued u n t 1 l t h POTW agents have b e n a fforded r asonable access to the premises a nd sewer system o a c compl i sh th e i nspect i on and/or sampli n g . (H) Samp ling All m surem nts , teats , and an lys s of th charact ria- tics of water nd w at s to which reference is mad h r ein sh 11 b d t rm1n d 1n ccordance w1 h Standard M hods . In th vent th t no sp c1 1 fac111ty has been r qulred , he point of insp ction shall b cons1dered o be th downstre m manhole in th public s w r n arest to the poin at wh1ch the building sewer is conn ct d to the public sew r . 42 • I • • • • • "' (I) Confidential Information Provisions 1. Information and data on an industrial user obtained from reports, questionnaires, permit application, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satis- faction of the Director of Utilities that the release of such information would divulge information , processes or methods of production entitled to protection as trade secrets of such user. When requested by such user furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related hereto, the NPDES Permit, and/or the pretreatment requirements; provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the user furnishing the report. Information accepted by the City as confidential shall not be transmitted to any governmental agency by the City until and unless a ten-(10) day wr itten notification is given to the user by certified mail or personal service. 2. Any user has the option to contract with the City or any private entity to provide such services as deemed necessary, including, but not necessarily limited to, the following: 1) Monitoring Facilities 2) Inspection and Sampling 3) Laboratory Analysis. 4 3 • • • • • 15-5-6: ENFORCEMENT AND PENALTIES (A) Enforcement Authority The Director of Utilities may adopt procedures and rules for the implementation and administration and shall enforce the provisions contained herein. (B) Notification of Violation Whenever the Director of Utilities finds that any person has violated or is violating this Chapter, or any prohibition limitation or requirement contained herein , he may serve upon such person a written notice stating the nature of the violation and providing a reasonable time, not to exceed thirty (30) days, for the satisfactory correction thereof . A meeting with the Director of Utilities may be scheduled at the request of the violating person or the Director of Utilities to discuss the violation and /or satisfactory correction schedule. (C) Methods of Notification Any notification required herein shall be served either personally or by registered or certified mail. (D) Suspension of Service The City may suspend the wastewater treatment service and/or a Wastewater Discharge Permit when such suspension is necessary, in the opinion of the Director of Utilities and/or D1rector of Wastewater Treatment in order to stop an actual or thr atened discharge which presents or may present an imminent or substantial endang rment to th he lth or welfare of persons, to th environment, causes interf r nee to the POTW, or causes the POTW to viol te any condition of its NPDES Permit. occurr nc • wastewater ion b rvic I • • • (E) Permit Revocation Any user who violates the following conditions hereof, or applicable state and federal regulations, is subject to having his permit revoked: 1. Failure of a user to report factually the wastewater constituents and characteristics of its discharges; 2. Failure of the user to report significant changes in operations or wastewater constituents and characteristics; 3. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; 4. Violat i on of conditions of the permit or this Ordinance or any final judicial order entered with respect thereto; 5. Failure to pay any fees or charges; 6. Tampering with, disrupting, or destroying C i ty equ i pment as determined by the Di rector, wh i ch determination shall be conclusive; 7. Failure to report an acc i dental d i scharge of a t ox i c pollutant. (F) Legal Action Author1zed If any user d i scharges into the POTW contrary to the p r ovisi ons of this Chapter, federal or state pretreatment requ i r e ments, or any order of the C i ty, the Ci ty Attorney may comm e nce a n a c t i on for a ppropr i ate l egal and/or equ i table r e l i ef, i n c lud i ng a p e t i t i on i n a co ur t of competen t j ur isd ic t i on for a t empo ra r y r e str ai n i ng o rd e r, pr eli mi n a ry and p e rm n e n t i n j un c t i on agai n st the v i ol ati on. (G) The City may terminate or cause to terminated w at w er treatm nt serv1ce to any user for a v1ol ion of any provis1ons h rein . (H) Civll Liabil1ty for Zxp ns s Any per on v1ola 1ng th prov1aions h re1n shall be li ble or any exp nae , loas or damag c us d th ci y by r aaon of such v1olation , 1nclud ng h incr as d cos s , i any , for managing e luen nd/or aludg , wh n such tncreas a r th reaul o h 45 • I • • • .. user's discharge of toxic pollutants. The Director shall add such charge to the discharger's treatment charge. (I) Civil Fine Pass Through In the event that a user discharges such pollutants which cause the City to violate any condition of its NPDES Permit and the City is fined by EPA or the State for such violation, then such user shall be fully liable for the total amount of the fine assessed against the City by EPA and/or the State. (J) Criminal Penalty and Fines Any person who violates the provisions of this Chapter shall be subject to a fine of not more than Three Hundred Dollars ($300) or by imprisonment in the County Jail for a period of not more than ninety (90) days, or by both such fine and imprisonment, for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. (K) Appropriate Civil Penalties In addition to the penalties provided herein, the City may recover reasonable attorney's fees, court costs, court reporters' fees, and other expenses of litigation by appropriate legal action against the user found to have violated any provisions herein, or the orders, rules, regulations, and permits issued hereunder. The attorney for the City, upon request of the City Counc il , shall petition an appropr i ate court to impose , assess, and recover such sums . Any person who shall violate any prov1s1on of this Chapter shall be sub j ect to immediate disconnection of the sewer servicing the property upon or in connection with which the violation occurred. (L) App eal Procedure and Order Any perm1 pplicant, p rm it holder, or oth r use r affect d by any d c1sion , action , or determination , including cease and des1st orders , made by the C1ty oth r th n by an Englewo od Municipal Judg 1n 1nterpr t1ng or impl m nting th prov1sions h rein , or any p rm1 issu d h r under , may fil w1 h the Oirec or a wri ten requ s for r consid rat1on nd a stay of h dec1s1on withln ten (10) d ys o such d cis1on, ac ion, or d ter inat1on, s tting forth 1n d tall th eta supporting th request , wher upon the D1r c or of U 1l1t1es sh 11 hold a h ar1ng . The requ st for r consid r tion ah 11 be act d upon by th 01rector o Ut1l1t1 s within t n (10) d ys rom th d te o filing. Th d cis on , ac ion or d rm1na 1on ay s ay d during such p riod o review by the Dir c or o Utll1t1 s . 46 • • • • If the decision of the Director of Utilities is unsatis- factory to the person appealing, he may file a written appeal to the Water and Sewer Board within ten (10) days after receipt of the decision. The Water and Sewer Board may hear the appeal and shall make a final ruling on the appeal within thirty-five (35) days of receipt of the user's written appeal. The decision, action or determination of the Director of Utilities may be stayed during such period of review by the Water and Sewer Board. After the Water and Sewer Board has reviewed the evidence, it may issue an order to cease and desist to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. The decision of the Water and Sewer Board shall be binding on all entities and the user until and unless ruled otherwise by an appropriate court. (M) Falsifying Information No user shall knowingly make false statements, represen- tations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant hereto, or pursuant to its wastewater discharge permit, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required herein. 4 7 • I . • • • 15-5-7: LIMITATIONS ON DISCHARGE (A) No person shall discharge any pollutant in the excess of the following: Maximum Concentration, mg/1 Pollutant or Pollutant Property Grab Sample Composite Sample Aluminum, Soluble (as Al) Arsenic, Total (as As) Bar i um, Total (as Ba) Beryllium, Total (as Be) Bi ochemical Oxygen Demand (BOD) Boron, Total (as Bo) Cadm i um, Total (as Cd) Chem i c al Oxygen Demand (COD) 2.5 0.63 5.0 1.0 2.5 0.125 Chlorinated Hydrocarbons including but not lim i ted to Pest i c i des, Herb i c i des and Algaecides 0.2 Ch rom i um, Hexavalent (as Cr +6 ) 0.625 Total (as Cr) 6 .0 Color 30 Cond uctivit y (umhos ) 31 2 5 Copp r , Total (as Cu) 2 .5 Cyanid , Amen ble to Chlorina ton (Fre ) 2.0 oal(aC) 2.5 Endrtn 0.002 ormald hyd 5.0 luond • (u 25.0 1.0 0.25 2.0 0.4 200 1.0 0.05 300 0.08 0.25 2.0 1 250 1.0 0.8 1.0 0.000 l.O 10 .0 • • - ( Iron, Total (as Fe) Lead, Total (as Pb) Pollutant or Pollutant Property Lindane (1, 2, 3, 4, 5, 6 - hexachloro-cycl ohexane gamma isomer) Manganese, Total (as Mn) Mercury, Total (as Hg) • • • 37. 5 15.0 0. 63 0.25 Maximum Concentration, mg/1 Grab Sample Composite Sample 0.005 0. 002 1.0 0.4 0.063 0.025 Methoxychlor (1, 1, 1 -Trichloroethane) 2, 2 -bis (p -methoxyphenyl) 0.015 Nickel, Total (as tli) Nitrogen, Ammonia as N TKN (as N) Nitrate (as N) Nitrite (as N) Oil & Grease (FOG) Organic Solvents PCB Total pH , minimum maximum Phenol, Total Phosphate , Total (as P) Selenium, Total (a Se) Silver, Total (al Ag) Solidi, Oil olved Total Su p nded (TSS) T mp ratur oC (C lc1u1) Toxaph n (C H Cl 10 10 8 chnical ch1or nat d ca phene, 7 -69 chlor n ) Turb di y (JTU 'I) 12.5 50.0 100.0 25.0 2.5 187.5 50.0 0.0005 4.5 9.0 5 .0 25.0 0.125 0.63 3125 65.5 0.0025 0 • 0.006 5.0 20.0 40.0 10.0 1.0 75.0 12.5 0.0002 1.0 10 .0 0.05 0.25 1250 250 0.0010 • • - • • Zinc, Total (as Zn) 2, 4-D (2, 4 -Dichlorophenoxy Acetic Acid 2, 4, 5 -TP Silvex (2m, 4, 5 - Trichlorophenoxy propionic acid) 50 • • • 5.0 Not Allowed Not Allowed • 2.0 Not Allowed Not Allowed I • • • • • • • 15-5-8: SEWER TAP FEES (a) At the time of filing the application, sewer tap fees shall be paid in accordance with the following schedule: WATER METER SIZE 3/4" or less 1" 1 1/2" 2" 3" 4" 6" 8" 10" SEWER TAP FEE $ 1,400 2,333 4,667 7,467 14,932 23,332 46,667 74,667 107,332 For multi-family units, hotels motels and mobile home courts, the total tap fee shall not be less than one thousand four hundred dollars ($1,400) per dwelling unit. If the fee determined by the water meter size from the above schedule i s greater than the fee determined by the min i mum charge of one thousand four hundred dollars ($1,400) per unit, then the greate r fee, as determined by me t er size, shall prevail. (b ) At the time of filing an app lica t i on for a sewer tap perm i t, s e wer tap fees for the following propert1 e s s h al l be increased by the add i t i on of a surcharge to the sewer t ap fees established by s u bsecti on (a ) according to the establi s h d s u rcharge schedule: or oth no ul (1) Properties within the C1 ty o f Eng l ewood wh i ch are no t i n an established san i tation d s tr i ct; (2 ) Properties outside the Ci ty of Eng l ewood wh i ch are tr i butary to the North ast Eng l wood Reli ef Sewer Syste m which are not e x e mp t d by a greement from sewe r tap surcharge; The esta b li shed sewer ta p f e surcharg is : WA TER METER SIZE SEWER TAP SU RCHARG E 3/4 " $ 500 1" 833 1 1 /2" 1,667 2" 2 , 67 3" 5 ,333 4 " 8 ,333 6 " 16 , 67 8" 2 , 6 7 10 " 38 ,333 1-ho ily unita , ho courta and r mul ipl d w 111ng units , sureh rge shall 1 •• han f v hundr d r dw 11 n uni . If 51 • • • • the surcharge established by the water meter size from the above surcharge schedule is greater than the fee of five hundred dollars ($500) per dwelling unit, the greater fee shall be charged. (c) The actual cost of any sewer main extension shall be recorded in the utilities office. Where such cost has not been paid, it shall be added to the plant assessment fee to arrive at a total amount due. New sewer extension costs shall include the actual cost of construction plus ten percent (10%) to defray costs of engineering. The total costs shall be assessed in proportion to the front footage of the property served. (d) Where a proposed tap will serve property for which a previous assessment has been paid, the previous tap fee shall be credited against the current tap fee in calculating the balance of the fee due. (e) Nothing in this section shall be construed to alter the rates or terms contained in the connector's agreements heretofore existing between the City of Englewood and sanitation districts. 52 • 15-5-9: • • • CONSTRUCTION OF SEWERS; EXTENSION OF MAINS; COSTS; INSPECTION (a) When an application is received to extend the collection main in order to serve the applicant or users whose property is located within the city, the city shall make such extension at its own expense, subject to recovery of said costs and provided that the extension is to serve land properly subdivided. In the event that the extension is to serve nonsubdivided, industrially zoned lands within the city, the Director of Utilities may require that the applicant or user extend the collection main at his own cost and expense, subject to an equitable method of recovery of costs. (b) The individual collection mains outside the corporate limits shall be by pipes, mains or service lines and appurtenances installed by the individual or connector, and the city shall assume no obligation for costs of construction therefor. All services shall be connected under the same provisions as may be required by the city for connections with i n its corporate limits. All charges for sewage collected outside the corporate limits of the city shall be computed from rates set out in Section 15-5-3 of this chapter. (c) Qual i ty control of privately constructed collection mains feeding the city treatment plant shall be assured by on-site inspectors provided by the City of Englewood Utilities Department, which agency shall include the monitoring of collection main c onstruction nd th lamp i ng of mains when construction is complete. Charges for these services shall be billed to the responsible contractor, as follows: (1) Inspection (one man): weekdays ••••••••• After normal duty hours, weekends, and holid a y s ••••••••••••••••••••••.•••.• (2 ) La mping (c r w o f two (2 ) men): w kdays Afte r n o r m 1 du y ho ur s , week n d s a nd holldays TAPPI G 0 HAl S OT OWN ED BY THE CITY $12. 50 /hr. $18.7 5 /hr. $25.00 /hr. $37 . 50/h r. ppl1cat1on 1a r e 1v d for connec 10n o m 1na or no own d or con roll d by the clty, a p rmi for a 1d w1ll b gr nt d only in tho e c a a 1n which th U 0 p r m n ah 11 hav b n duly authori% d , in wr1 1n g , by th own r 1n con rol of such ma1n or ac1l1tiea o g r a n such p r 53 • I • • • • , • • • 15-5-10: MISCELLANEOUS (A) Conflict All other ordinances and parts of other ordinances inconsis- tent or conflicting with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict. (B) Severability If any provisions, paragraph, word, section or chapter of this Ordinance is invalidated by any court of competent jurisdic- tion, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect. Sect i on 2. Repealer. All ordinances, i ncluding specifically Chapter 4 of Title 15 of the Englewood Municipal Code o f '69 as amended, and any resolutions, or parts thereof, i n conflict with this Ordinance or the Englewood Mun i c i pal Code of '69 as amended, are hereby repealed, provided that such repealer shall not repeal the repealer clauses of such ord i nances nor rev i ve any ord i nances thereby. J!Introduced, read i n full, and p a ssed on fi rst read i ng on the / L tJ., day of Oc t ober, 1983. Published as a Bill for a n Ord i nance on the ;qtfr day of Oct o ber, 1983. Attest : Eugene L. Ot1s , Mayor City C1erk-Treaaur r I , G ry R. Higbee , ex of ic10 C1 y C1 r -Tr aaur r of th City of Eng1 wood , Color do , h reby c r 1 y ha h abov and forego1ng is a rue , accurat a n d comp1e copy o a B 11 o an Ord1nanc :'JL introduc d , r ad 1n ul1 , and paaa don ira red ng on h /'f_Vl day o Oc ob r , 1983. +-._ ___ 5 4 • I • • • • 7G- BY AUTHORITY ORDINANCE NO . SERIES OF 198~3------ A BILL FOR COUNCIL BILL NO. 57 INTRODUCE~ COUNCIL MEMBER __ ,,~~~~------- AN ORDINANCE APPROVING AN AGREEMENT WITH THE STATE OF COLORADO, THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, PROVIDING FOR THE RECONSTRUCTION OF ENGLEWOOD 'S CITY DITCH. WHEREAS, the State Highway Commission , on August 18, 1983, gave approval for the State to enter into a contract with the City of Engle wo od to enclose the City Ditch; and WHEREAS , the City of Englewood desires to increase the size of the City Ditch from a current equivalent flow of a 54-inch to a 60-inch enclosed pipe; and WHEREAS, the City desires to consummate said agreement; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. A contract with the State of Colorado , State Department of Highways, Division of Highways , is hereby approved , which contract reads as follows: CONTRACT THIS CONTRACT, made this day of , 1983 , by and between the State of Colorado for the use and benef1t of THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, hereinafter ref rred to as the Stat , and the CITY OF ENGLEWOOD, hereinafter r f rred to as th contr ctor or Local Agency; WHEREAS, authority exists in th Law and Funds have been budgeted, ppropriated nd otherwise made available and a suf!ic1ent unencumber d b lance thereof remains availabl for p ym n in und Number 2001, G/L Accoun Number 52046, Contrac Encumbranc Number nd H REAS, r qu1r d pproval, clearanc and coord1na ion ha be n ccompl1ah d from and w1th appropr1a e ag ncies; and H REAS , the Stat 007S (14) within h Ll Ct y 01 ch hich 1a h nticipat a a con rae ion proJ c lXHU le on Ra lro d 0 pr aaion o encloa th Local Ag ncy'a wa r supply; and • • • • .. - WHEREAS, the Local Agency has requested the State to install an enclosed system of a variable size from 54-inch to 60-inch pipe to replace the mainly open section of ditch, hereinafter referred to as the work, so as to handle future capacity that the Local Agency has projected that it will require; and WHEREAS, the State and Local Agency consider it to be in their mutual interest to cooperate in the design and construction of enclosing the City Ditch; and WHEREAS, the funding for tl.e work is based on 57% funds to be furnished from Federal and other State funding and 43% funds to be furnished from the Local Agency funding; and WHEREAS, the State Highway Commission, on August 18 , 1983, gave approval for the State to enter into a contract with the Local Agency thereby accepting such reimbursement; and WHEREAS, this contract is executed by the State and Local Agency under authority of Sections 29-1-203 and 43-1-106, C.R.S. 1973, and by t he Local Agency under the authority of its approved ordinance; NOW, THEREFORE, i t is hereby agreed that: 1. The estimated cost of the work was arrived at as follows: A. B. c . o. E . Total e s timated cost of the work (includes 15\ c on s truction engineering) $1,000,409 Fe d e r al , S t a te a nd oth e r fund s at 5 7\ $ 570,2 33 Local 1. 8\ p id Total Age n c y fund s at 4 3\ $ 4 3 0,17 6 Est1m ted by Local s 1m i nd i r ect c os ts o f S t ate Age ncy $ 7 , 74 3 d cost of Local Ag n cy $ 4 37 ,919 co a for work shall 1nclud e 15 of !or ngin r1ng nd cont1ng nciea ahall b ahar d by Local Agency (4 3 ) oth r (57). 2 tr1c Eng1n r , Diatr1c , D nver , CO 80222 . apona1ble or cootd1nat- con rae • I • -• • • A. RESPONSIBILITIES OF THE LOCAL AGENCY The Local Agency shall be responsible for maintenance of facilities constructed in its jurisdiction pursuant to this contract after acceptance of the facilities from the State . RESPONSIBILITIES OF THE STATE 1 . The State will provide the following items of work: a . All surveys. b . All design work from conceptual stage through final design, based upon alignment, grade, pipe size, and technical specifications as provided by Local Agency. 2. The State will provide final assembly of construction plans, specifications, and contract documents, advertise the Call for Bids, open the bid proposals and award the construction contract to the lowest responsible and qualified bidder. 3. The State will have full jurisdiction and control over its construction contractor in the performance of all work shown on said plans and specifications. 4. The State will be responsible for the supervision of the work, which shall include, but not be limited to, field and office engineering, inspection and materials testing , and traffic control within the project ar a . GENERAL PROVISIONS 1. All work and materials to be u ed in construction shall b in accordance with the pl ns and spec1ficat1ons for the proJect which ar m de a part hereof by ref r nc , the same s if ttach d h reto. 2. 3 work, th Loc 1 Agency i nter 1 1 o! the Lo c al Th Ag ncy shall b d rm1n d by th p ovid d o Local • • • .. The State may make monthly billings to the Local Ag ency , but a minimum amount of $10,000 (excepting the final payment) will be needed to authorize deduction from the escrow account for payment to the State. 4. $50 ,000 escrow to be replen ished at time of billing. 5. After the work has been completed and final quant ities have been determined, the State will bill the Local Agency for its share of the final costs as stated in Paragraph 3 above. The Local Agency will remit to the State within 30 days the amount as billed. 6. Interim funds , until the State is reimbursed, shall be payable from State Highway Supplementary Fund (2001). The estimated maximum costs under this contract for the work shall not exceed $437,919 for the non-participating work without benefit of a supplemental contract. 7 . The term of this contract shall continue through the completion and final acceptance of the work by the State and receipt of final payment from the Local Agency. 8 . This contract shall i nure to the benefit of and be binding upon the parties, their successors, and assigns. 9. The facilities constructed pursuant to this contract , including easement , right of way and licenses shall be the property of the Local Agency. 10. Any license or permit required by any utility company to cross the enclosed ditch shall be handled between the involved utility company and the Local Agency, but the State will ensure that no contrac or or utility will cross the ditch without signing the license agre ment of the Local Agency during the period of this contract . The State will include this requirement in its construction contract with all Utilities and Agencies which must cross th ditch with facilities. 11. No relation or reconstruc 1on of th City of Englewood "C ity Ditch" shall occur without th written authorization of the City of Englewood. All requests for reloc tion shall 1nclude the n leg 1 d acr1pt1on of th prop r y to which h City Di ch 1a d, a commitm nt for 1 1 1naurance 1n he moun of ion cos o! h portion or port1ona o b reloca d, o nglewood'a ability to occupy nd use said prop r y for of ma1nta1n1ng a water l1n h retn. Such evid nc , which shall 1n th natur o a p rmanent eaa men , right of way, or o h r s1milar hall 1nclud prov1aions: (1) ha Engl wood is gr n p rp tual, non-xclusiv right, ov r, und r, crOll and through said prop r y for h purpos of cona rue 1ng, o 10 , ma1n ln1ng, r pa1r1ng, r pl cing, r moving, and 4 • • • • • • enlarging a water line, including all necessary underground and surface appurtenances thereto necessary or desirable for the transmission of water; (2) a prohibition on the construction, erection, or placing or any "i mprovement" on said property without the written consent of Englewood and the right in Englewood to remove any improvement so constructed , erected, or placed when no prior approval from Englewood has been obtained; (3) the right to subjacent and lateral support of the water line so constructed; (4) the right i n Englewood to undisturbed use and occupancy of the property; (5) that the evidence is binding on the heirs, personal representatives, successors and assigns of the parties and that the terms, covenants and agreements and conditions of the evidence shall be construed as covenants running with the land. NONDISCRIMINATION PROVISIONS In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as follows: A. Compliance with Regulations. The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, here i nafter referred to as the "Regulations"), which are herein i ncorporated by reference and made a part of this contract. B. Nondiscrimination. The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or national origin in the select i on a nd retention of Subcontractors, including procurements of materials and leases of equipment. The Contractor will not part i cipate, either directly or indirectly, in the discrimination prohibited by Sec io n 21.5 of the Regulations, including employment practices when t h contract covers a program set forth in Appendix C of the Regulations. C . Solicitations for Subcontracts, Including Procurements of M teri ls and Equipment. In all solicitation s , either by comp titiv bidding or negotiation m d by the Contr ctor for work o b p r ormed under a subcontrac , includ1ng procurem nts of mat r1 ls or qu1pm n , ach pot nt1 l Subcontractor or suppli r shall b not1fi d by the Contractor of the Contractor's oblig t1ona und r this contract nd the Regulations rel t1ve to nondiscrim1n - t1on on the ground of rae , color, s x, ment 1 or phys1c l hand1cap or na ional or1gin . 5 • I • • • • • D. Information and Reports. The Contractor will provide all inf ormation and reports required by the Regulations, or orders and i ns t ruct i ons issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its fa c ili ties as may be determined by the State or the FHWA to be pertinent to ascerta i n compliance with such Regulations, orders and inst ructions. Where any information required of the Contractor is i n the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHWA as appropriate, and shall set forth what efforts have been made to obtain the information. E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate, i nclud i ng, bu t not limited to: (1) Withholding of payments to the Contractor under the contract unt i l the Contractor complies , and/or; (2) Cancellati on, termination or suspension of the contract , in whole or i n part. F. Incorporation of Provisions. The Contractor will include the provisions of Paragraphs A through F in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto . The Contractor will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions, including sanctions for noncompliance ; provided, however, that in th event the Contractor becomes involved in or is threatened with litigation with a Subcon ractor or suppl1er as a result of such direction , the Contractor may request the State to enter into such litigation to protect the inte rests of the State and , in addition , th Contractor may request the FH WA to ent r into such litigation to protect the inter sts of the United Stat s . SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not d em d v lid un il it sh 11 have been approv d by the Con roll r of th State of Color do or such ass1stant as h may dea1gnate. Th1a provis1on 1s applicable to any contract involving th payment of mon y by the Stat • • I • • • • .. .. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated , budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract i nvolves the payment of more than ten thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor , materials, team hire, sustenance, provisions, provender or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight percent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited , allowed or paid. A cert ified or cas hier's check or a bank money order made payable to the Treasurer of the State of Colorado may be accepted i n l ieu of a bond. MINIMUM WAGE 4. Except as otherwise prov id d by law, if this contract provides fo r the payment of mor than five thousand dollar s a nd requ1res or involves the employm nt of labor rs or mechan1cs in th construct1on , alt rat1on or repair of any bu1lding or oth r public work , ( xc pt highways , highw y bridges , und rpas es nd h1ghway of 11 kinds) w1 htn th g ograph1cal limits of th rat of wage for all 1 borers nd m chan1ca ploy d by con ractor or ny aubcon rae or on he bu1ldin9 or public work cov r d by th1s contrac sh 11 be not 1 as than h pr vailing rate of w 9ea or work of s1mil r natur in he c1ty , o wn , Ylll g or other civ11 ubd1viston of th Sta e 1n which he bu1lding or other publlc work is locat d . D1apu s r ap cting prevaillng ra ea will b r solv d as provid d 1n 8-1 -101 , C.R.S . 1973 , a m nd d. 7 • • • • • • DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Ant idiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-301, C .R.S. 1973 , as amended), and as required by Executive Order, Equal Opportunity and Affirmative Act ion, dated April 16, 1975. Purs uant thereto , the following prov isions shall be contained in all State contracts or sub-contracts. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment b eca use of race, creed, color, national origin , sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed , and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include , but not be limited to, the following: employment, upgrading, demotion, or transfer , recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other forms of compensation ; and selection for training , including apprenticeship . The contractor agrees to post in conspicuous places, available to employees and applicants for employment , notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause . (2) The contractor will , in all solicitations or dvertisements for employees pl ced by or on behalf of the contractor , st te that all qualif1ed applicants will r ceive consid ration for mployment without regard to contractor , state that all qualified pplicants will receive consideration for mploym nt without r g rd to rae , ere d , color , national origin, s x, marital st tus, religion, ncestry, men al or physical handicap, or g • (3) Th contractor wi11 send to ach labor union or r pr aen a 1ve of orkera w1 h which h has coll c 1v barga1n1ng gr m n or o h r con rae or und ratand ng, not1c to b provtd d by th contr ct1ng of leer, adv1a1ng th 1 bor un on or work ra' r presen ativ of th contrac or's co 1tm nt und r h Ex cut1v Ord r, qual Oppor un1ty and Af 1rm iv d d April 16, 1975, and o th ru1ea, r gulat1oo , Ord ra of h Gov rnor. 8 • I • • • .. (4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization , or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of race , creed, color, sex, national origin, or ancestry. (6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled , terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures authorized in Executive Order, Equal Opportunity and Affirmative Act ion of April 16, 975 nd the rules, regulations, or orders promulgated i n ccordanc therewith, and such other s nct1ons as may be 1mpos d and remedies as may be invok d a prov1d d in Ex cutive Order, Equal Opportunity and Affirma 1ve Ac 1on of April 16, 1975, or by rules, regulations, or ord ra promulg ted 1n ccordance therewith, or as otherw1a prov1d d by law. Th contractor will include the prov1s1ons o! par (1) through (8) in every aub-contr c nd aubcon r c or purchase order unl sa ex mp d by rules, r gul tons , or orders 1ssu d pursuan o x cu 1v Ord r, qu 1 Oppor un1 y nd Affirmative Action of Aprll 1 , 1975, so tha such prov1s1on w1ll b binding upon ach aubcon rae or or v ndor . Th contr ctor will t k such ac 1on w1 h r p ct o any subcon rae ing or purch s ord r as h con rae 1n9 9 • I . • • - agency may direct, as a means of enforcing such provisions, including sanctions for noncompliane; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6. Provisions of 8-17-101 & 102, C.R.S. 1973, for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation , execution and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference wh ich provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules and regulations, shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceabl or available in any action at law, whether by way of complalnt, defense or otherwise. Any provis1on rend r d null and void by the operation of this provision will not invalidat the remaind r of this contract to the extent that the contr c 1s capable of execution. 8. Th 18-8-301 , et seq., (Abuse v1olation of sign tories hereto aver that they are familiar with eq., (Br1bery and Corrupt Influences) and 18-8-401, et of Public Office), C.R.S. 1973 , as amended, and that no auch provisions is pr sent. 9. mploy aervic Th aignatorlea aver tha o he1r knowl dg , no state h • any p raona1 or b nef1c1 1 1n eres whatsoever in the or prop r y d acr1b d h rein. 10 • I • • • • • IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. ATTEST: Chief Clerk APPROVED: State Controller ATTEST: Gary R. Higbee, ex off1cio City Clerk-Treasurer S ction 2. STATE OF COLORADO RICHARD D. LAMM, GOVERNOR By~----~--~~~-------­Executlve D1rector DEPARTMENT OF HIGHWAYS DUANE WOODARD At tor ney General By __ ~=-~~~~--------­LYNN OBERNYER First Assistant Attorney General Natural Resources Section CITY OF ENGLEWOOD, COLORADO By __ ~----~--~~~~---­Eugene L. Ot1s, Mayor That the City Council of th~ City of Englewood h reby authorizes the Mayor and th ex officio City Clerk-Treasurer to sign and attest the same for and in b half of th City of Engl wood. Introduced, r ad 1n ull, and paaa d on f1ra read1ng on he 17 h day of Octob r, l 83. ll • I . -• • • Published as a Bill for an Ordinance on the 19th day of October, 1983. Eugene L. Ot1s, Mayor Attest: ex off1cio C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 17th day of October, 1983. Gary R. H1gbee 12 • • • ORDINANCE NO.~----­ SERIES OF 1983 • • • BY AUTHORITY A BILL FOR 7G- WHEREAS, the State Highway Commission, on August 18, 1983, gave approval for the State to enter into a contract with the City of Englewood to enclose the City Ditch; and WHEREAS, the City of Englewood desires to increase the size of the City Ditch from a current equivalent flow of a 54-inch to a GO-inch enclosed pipe; and WHEREAS, the C i ty desires to consummate said agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. A contract with the State of Colorado, State De par tment of Highways , Division of Highways, is hereby approved, which contract reads as follows : CO NTRA CT THIS CONTRACT, made this day of , 1983 , by and betwe n th State of Colorado for the use and benefl of THE STATE DEPART MENT OF HIGHWAYS, DIVISION OF HIGHWAYS , here1nafter ref rred to s the Stat , and the CITY OF ENGLE WOOD, hereinafter ref rred to as the contractor or Local Agency; WHEREAS, author1ty exists in the Law and Funds have been budgeted , appropriated nd otherwise made available and a sufficient unencumbered balance ther of remains available for p yment in Fund Numb r 2001, G/L Account Numb r 52046, Contr ct Encumbr nc Number ; and b WH REAS, r quir d approv 1, cl ranee n accomplish d fro and with ppropri t nd coordinat1on h s ag nci nd WHEREAS, th State ntic1p t a contraction pro) c IXMU 0075 (14) wi hin he Li 1 ton Railroad D pression o nclos he C1 y Di ch which lS he Loc 1 Agency's wa er supply; and I • • • • ,. • WHEREAS, the Local Agency has requested the State to install an enclosed system of a variable size from 54-inch to GO-inch pipe to replace the mainly open section of ditch, hereinafter referred to as the work, so as to handle future capacity that the Local Agency has projected that it will require; and WHEREAS, the State and Local Agency consider it to be in their mutual interest to cooperate in the design and construction of enclosing the City Ditch; and WHEREAS, the funding for the work is based on 57% funds to be furnished from Federal and other State funding and 43% funds to be furnished from the Local Agency funding; and WHEREAS, the State Highway Commission, on August 18, 1983, gave approval for the State to enter into a contract with the Local Agency thereby accepting such reimbursement; and WHEREAS, this contract is executed by the State and Local Agency under authority of Sections 29-l-203 and 43-l-106, C.R.S. 1 97 3 , and by the Local Agency under the authority of its approved ord i nance; NOW, THEREFORE, it is hereby agreed that: l . The e stimated cost of the work was arrived at as follows: A. Total est i mated cost of the work (includes 1 5 \ c onstruction engineer i ng) $1,000,409 B. Fe d e r a l, State and other funds at 57\ $ 5 7 0,233 c . Loca l Agency funds at 43\ $ 4 3 0,1 7 6 D . 1. 8 \ Estimated indirect costs o f State p ai d by Local Agency $ 7 ,7 4 3 E . Total Est i mated cost o f Loc al Agen c y $ 4 37 ,919 Any additional co n st r uction costs fo r work s h all i n cl ud e 15\ of incurred construction costs for engi n e ring and contingenc1es nd 1ndirect costs and shall be sh r d by Loc 1 Agency (4 3\) and F d r 1 , St t nd oth r (57 ) • 2. Th State w1ll provide 11 ison w1th th Loc l Age n cy or it r pres n ativ th r ough th St t 'a Distr1ct Engi n e r, Dis ric VI , locat d t 2000 South Holly Stre t , Denver , CO 80222 . S 1d D1s r1ct Engine r will also b rea p ona1 b le f o r cootdlnat- ing h S ate 's ac iviti a u n d r this contr ac • 2 I • • • • - A. RESPONSIBIL I TIES OF THE LOCAL AGENCY The Local Agency shall be responsible for maintena nce o f f ac i lities constructed i n its jurisdiction pursuant to thi s contrac t after acceptanc e of the facilities from the S ta te. RESPONSIBILITIES OF THE STATE 1. The State will provide the following items of work: a. All surveys. b. All des i gn work from conceptua l stage through f i nal des i gn, based upon alignment, grade, pipe s i ze, a nd technica l specificat i ons as prov i ded by Loc a l Agency. 2. Th e Sta t e will provide final a ssembly of cons t ruct i on pla n s , specifi cat i ons, a nd contrac t documen ts , a d ve r ti s e the Call f or Bi ds, open the bid proposals and award the construction contract t o t he lowe st respons ible a n d qualified bidder . 3. The State will have full jur isd iction and control over its construction contracto r i n the p erformance of all work shown on said plans and s p ecifications. 4 . Th State will be responsible for the sup rvis1on of he work , which shall include , b ut not be limited to , field and office eng1neer1ng , inspection and materials testing , and tr ff1c control within the project area . GENERAL PROVISIONS 1. All work and materials to be used in cons rue ion shall accordanc with he plans and spec1fications for th pro) ct re m de a part hereo by reference , the sam s 1f ttach d o. 2. Throughout he construct1on of the work, th Loc 1 Ag ncy w1ll provide an 1nsp ctor o 1nsur that the int rea a of h Local Ag ncy wi h regard o aa1d work r b ing fulf1lled. Th Local Ag ncy's 1nap ctor sh 11 r port only to the St te'a 1nap cor nd sh 11 not be involved w1th th St te's con truction con rector. 3. bas d St te by th Loc 1 Ag ncy ah 11 b rue d qu ntiti a" a d ermln d by h d qu nti ies" will b prov1ded o Local reques a. 3 I • • • . . • The State may make monthly billings to the Local Agency, but a minimum amount of $10,000 (excepting the final payment ) will be needed to authorize deduction from the escrow account for p ayme nt to the State. 4. $50,000 escrow to be replenished at time of billing. 5. After the work has been completed and final quant ities have been determined, the State will bill the Local Agency for its share of the final costs as stated in Paragraph 3 above. The Local Agency will remit to the State within 30 days the amount as billed. 6 . Interim funds , until the State is reimbursed, shall be payable from State Highway Supplementary Fund (2001). The estimated maximum costs under this contract for the work shall not exceed $437,919 for the non-participating work without benefit of a supplemental contract. 7. The term of this contract shall continue through the completion and final acceptance of the work by the State and rece ipt of final payment from the Local Agency. 8. This contract shall inure to the benefit of and be binding upon the parties, their successors, and assigns. 9. The facilities constructed pursuant to this contract, i ncluding easement, right of way and licenses shall be the property of the Local Agency. 10 . Any license or permit required by any utility company to cross the enclosed ditch shall be handled between the involved utility company and the Local Agency, but the State will ensure that no contractor or utility will cross the ditch without signing th license agreement of the Local Ag ency during the period of this contract . The State will i nclude this requirement in 1ts construction contract with all Utilities and Agencies which must cross the ditch with facilities . 11 . No relation or reconstruction of the City of Englewood "City Ditch " shall occur without the written author1zation of th C1ty of Englewood. All r quests for reloc tion sh 11 include the wri en 1 g l d cript1on of the property to which he City Ditch 1s to b relocat d , a commitm n for tit1 1nsur nee in the amount o the construction cos of the portion or portions to b r loc t d, nd v1dence of Eng1 wood's ability to occupy and us aaid prop r y for purposes of main a1n1ng a water lin therein. Such evidence, wh1ch shall b 1n the n tur of a p rmanent a ment, righ o way, or o her imilar gre m nt, sh 11 include prov1s1ons: (ll tha ngl wood ia gran d p rp ua1, non-xcluaiv right, over, und r, ac oas nd through sa1d proper y or h purpose o cons rue ing, op ra 1ng, m intaining , repairing, r placing, r moving, and 4 • • • • enlarging a water line, including all necessary underground and surface appurtenances thereto necessary or desirable for the transmission of water; (2) a prohibition on the construction, erection, or placing or any "improvement" on said property without the written consent of Englewood and the right in Englewood to remove any improvement so constructed, erected, or placed when no prior approval from Englewood has been obtained; (3) the right to subjacent and lateral support of the water line so constructed; (4) the right in Englewood to undisturbed use and occupancy of the property; (5) that the evidence is binding on the heirs , personal representatives, successors and assigns of the parties and that the terms, covenants and agreements and conditions of the evidence shall be const rued as covenants running with the land. NONDISCRIMINATION PROVISIONS In compliance with Title VI of the Civil Rights Act of 1964 and with Section l62(a) of the Federal Aid Highway Act of 1973, the Contract or, for itself, i ts assignees and successors in interest, agree as follows: A. Co mpl iance with Regulations. The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21 , hereinafter r eferred to as the "Regulations"), which are herein 1ncorporated by reference and made a part of this contract . B. Nondiscr imination . The Contractor , with regard to the work perfo rmed by it after award and prior to com p letion of the contrac t work, will not discriminate on the ground of race , color, s x, m ntal or physica l hand1ca p or nat ional orig1n in the selection nd retention of Subcontr ctors , including procuremen s of mat rials nd 1 ases of equipmen • Th Contractor w1ll not par 1cipate , 1th r directly or indir ctly, 1n th discr1m1nation proh1bited by S ction 21 .5 of th R gulat1ons , including employm nt pract1ces wh n h covers program set forth in App ndix C of th Sol1citat1ons for Subcontracts , Inc1udlng Procurem nts of and Equipment. In all sol1c1tationa, lther by 1 1v bidd1ng or n gottation mad by he Contr c or for work p rform d und r a subcontract, 1nclud1ng procur m n a of m r1 la or equtpm n , ch pot n tal ubcontractor or aupp11er sh 11 be not1f1 d by th Cont actor o the Con r ctor'a oblig t1ona und r h1a contr c and he R gulat1ona rela 1v o nondtacr min - 10n on h ground of rae , color, ax, m n al or phya1ca1 handic p or na 1on 1 or1g1n . I • • • • •' • D. Information and Reports. The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHWA as appropriate, and shall set forth what efforts have been made to obtain the information. E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (1) Withholding of payments to the Contractor under the contract until the Contractor complies, and/or; (2) Cancellation, termination or suspension of the contract, in whole or in part. F. Incorporation of Provisions. The Contractor will include the provisions of Paragraphs A through F in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions, includ1ng sanctions for noncompliance; prov i ded, however, that in the event the Contr ac t o r becomes i nvolved i n o r i s thre a tened wi th li t i gation wi th a Subcontr a ctor or suppl1er as a result of such direction, the Contr a ctor may requ st t h State to enter i nto such l i t i g t 1 o n to prot ct the interes ts o f th State and, in add i tion, the Contr act or may request th FHWA to ent r 1nto such l i tigation to prot c t the i nt e r ests of the Un i t d Sta t s. SPECI AL PROVISIONS CONT OLLER 'S APPROVAL 1 . Thia contrac shall not be d m d val1d un 11 lt ah ll have b n approv d by the Controll r or th Stat o Color do or such assistant as h may d s1gnate . Th1s provis1on 11 ppltcabl o any con ract involvlng the payment of mo n ey by th S at • I • • • • .. .. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than ten thousand dollars for the construction , erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work includ ed in this contract, duly execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire , sustenance, provisions, provender or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight percent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order made payable to the Treasur r of the State of Colorado may be accepted in lieu of a bond. MINIMUM WAGE 4. Except as otherwise provided by law, if this contract prov~des for th payment of more than five thousand dollars and requ1res or involves the employment of laborers or mechan i cs in the con truction , alteration or rep air of any building or other publ ic work, (except highw ys, highway bridges, underpasses and highway a rue ur a of all kinds) within th geogr phic 1 l1mits of the S a , h rate of w ge for 11 laborers and m chanic employed by the con r c or or any subcon ractor on the bu1lding or publ1c work cover d by h1s contract shall be not less than the pr vailing rate of wag • for work of a similar natur in th city , town, vill g or o h r civ1l subdiv1 1on o th St t 1n wh ich the build1ng or oth r public work ia locat d. 01sputes reap ct1ng prev il1 n g r ea w1l l b reaolv d aa provid d in 8-1 -101 , C.R .S . 1973, • m nd d. 7 I • • • • DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-301, C.R.S. 1973, as amended), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive c ons i deration for employment without regard to contractor, s ta te that all qualified applicants will receive consideration f or employment without regard to rae , creed, color, national o r 1g1 n, sex, mar i t al status, rel i g i on, a ncestry, me nt al or physica l ha nd icap , or a g e . (3) Th co n tractor w ill s nd to ch 1 bor union or r pr sen tive of workers w i h which he has collec iv b rga1ning agre m nt or othe r co n r ct or unders nd1 n g , not1ce to b prov1d d by th con tract1ng officer , ad v isi n g the 1 bor union or work r ' r epr s n tativ of th co n t r ctor 's commitm n t u n d r th Ex cuti v Order , Eq u l Opportun1ty a n d A f1rm ti v Action, d at d April 16, 1 9 75 , and o f h r u l es , r gula 1on s , a n d rel va n Or d e r s of t h e Go v e rno r . 8 I • • • .. (4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules , regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity , because of race, creed, color, sex, national origin, or ancestry. (6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures authorized in Executive Order, Equal Opportun i ty and Affirmative Ac t1 on of April 16, 975 and the rules, regulations, or orders promulgated in accordance therewith, and such other san c tion as may be imposed and remedies as may be invoked a prov 1d d i n Executive Order, Equal Opportunity a nd Affirm t i v Ac i on of April 16, 19 7 5, or by rules, regu l a t 1ons, or ord r s promulg a ted i n accordance therewith, o r as otherw1s e pro v 1d e d by law. (8) Th con tr act or will i nclud the provisio ns o p r g r phs (1) throug h (8) in every sub-contr c nd subco n tr c or purch ase o r der unless x mp d by rules , r gul t1ons , or o r de r issu d pursuan o Execu 1v Ord r , Equal Opportunity nd Affi r ma 1ve Action o April 16, 1 75 , so th t such provi ions w1ll be b1nd1ng upon ach subcon ractor or vendo r. Th cont r actor will tak such ac 10n w1th r sp c o ny su b con ract1 ng o r p urch s ord r as h con r c 109 I . • • • agency may direct, as a means of enforcing such provisions, including sanctions for noncompliane; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado . COLORADO LABOR PREFERENCE 6. Provisions of 8-17-101 & 102, C.R.S. 1973, for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. GENERAL 7 . The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation , execution and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules and regulat ions , shall be considered null and void. Nothing contained in any provision i ncorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law, whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. The signatories hereto aver that they are familiar with 18-8-301, t seq., {Bribery and Corrupt Influences) and 18-8-401 , et seq., {Abuse of Public Office), C.R.S. 1973, as amended, and that no v1ola 10n of such provisions i pres nt. 9. Th signatori a aver that to their knowledge, no state mploye h s any personal or beneficial interest whatsoever in the service or property descr b d herein. 10 I • • • • ,. • IN WITNESS WHEREOF, the parties hereto have exec uted this c on tr act the day and year first above written. ATTEST: Chief Clerk APPROVED: S tate Con t roller ATTEST: Gary R . Higbee, ex officto City Cler k -Trea s u r er STATE OF COLORADO RICHARD D. LAMM, GOVERNOR By-=----~--~~~--------Executlve D1rector DEPARTMENT OF HIGHWAYS DUANE WOODARD Attorney General By~~=-~~~~---------LYNN OBERNYER First Ass i stant Attorney General Natur al Resources Sect i on C ITY OF ENGLEWOOD, COLORADO By __ ~----~~~~~~---­Eu gene L. Ot 1s, Mayor S ction 2 . That the City Coun cil of the City of Englewood her by authorizes th Mayor and the ex officio City Clerk-Treasurer to sign and attest th same for and in behalf of th City of Englewood. Introduc d, read in full, and paaaed on firat read n9 on the 17th day of October, 1983. l.l • I • • • • • Published as a Bill for an Ordinance on the 19th day of October, 1983. Eugene L. Ot1s, Mayor Attest: ex offic1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced , read in full, and passed on first reading on the 17th day of October, 1983. Gary R. H1gbee 12 I • • -• • • C 0 U N C I L C 0 M M U N I C A T I 0 N AGENDA ITEM '"1 DATE Septem ber 15, 198 SUBJECT Contract CC 10-0075-16 Sta te/Englewood -City Ditch IN ITIATED BY Englewood Water and Sewer Soard AC TI ON PROPOSED Approve the contract between the State Highway Department and the City of Engle wood for enclosure of the City Ditch and revise the budget to increase the bud et d amount from BACKGROUND egotia ions and design of the Littleton Railroad Depression Project have been under way for severa l years. During negotiations, Engle wood, Littleton and the St te H1ghway Department agreed that the costs of relocating the City Ditch in a 54"/60 syste should be shared on the basis of the following formula: 43 o th cost to be borne by the City of Engle wood . 57 1 o he cost to be borne by he Sta e Highway D partment. proposal wa s pr viously acceptable to the Wa r and Sewer Board. Prelim1nary s i tes indica ed Englewood 's share of the project costs would amount to S31S,OOO. Final estimates by the Sate Hiqhway D partment, how ver, now show Engl od's share to $437,919, a dif erenc of $122,919. cost is basically th oversizing cost associated with S4 "/60" syst as opposed to installa ion cost of a 36" at represen ative o the current carrying capacity of I . • • • One additional project will be proposed in 1984 in conjunction with the railroad depression project. It is the piping of the City Ditch through Sterne Park where the most severe flooding occurs. Negotiations will proceed between the City of Englewood, the City of Littleton and the Urban Drainage and Flood Control District to fund the project. It now appears that Urban Drainage and Flood Control will bear 50% of the cost and that the City of Englewood and the City of Littleton will share the remaining 50 % of the cost equally. Englewood's share should be in the range of $20,000 -$25,000. These funds have not been budgeted and will be in addition to the project referred to above. FINANCIAL $100,000 was budgeted for this project in 1983 and $215,000 was budgeted for this project in 1984. At this expenditure level, a working capital figure of $484,108 is projected in the 1984 budget for December 31, 1984. Given that the current estimation of Englewood's share of the project is $437,919, ft appears the working capital figure will be revised downward to $361,189. A budget revision increasing the authorized project amount and 1984 budget expenditures by $122,919 is therefore necessary. An additional budget rev i sion wi ll be required when the piping in the Sterne Park area has been negotiated. REC~ENDA TI ON The Water and Sewer Board, at their September 17, 1983 meeting, recommended that th Englewood City Council approve the contract between the State Highway Department and the City of Englewood for enclosure of the City Di tch as part of th Littleton Railroad Depression Project, subject to the final approval by th Englewood City Attorney . In addition, i t i s r ecommended that the 1984 budg t be revised to increase the budgeted amount fro m $215,000 for 1984 to $337,919, res ulting in a total project cost for the City of Englewood of $437 ,919 . I • • 0041V cc 10-0075-16 STATE/ENGLEWOOD CITY DITCH • • • THIS CONTRACT, made this -----day of -------• 19 __ by and between the State of Colorado for the use and benefit of THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, hereinafter referred to as the State, and the CITY OF ENGLEWOOD, hereinafter referred to as the Loca 1 Agency. WHEREAS, authority exists in the Law and Funds have been budgeted , appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 2001, G/L Account HIMilber 52046, Contract Encombrance NIMtlber ; and WHEREAS, required approved clearance and coordination has been accomplished fro~~~ and with appropriate agencies; and WHEREAS, the State anticipates a construction project IXMU 0075 (14) within the Littleton Railroad Oepr~ssion to enclose the City Ditch which is the Local Agency's water supply and WH£REAS, the Local Agency has agr ed to pay a P<1rt1on of the cost of the enclosed pipe syst equal to 43.00 per cent of the project cost, which Includes Pngineering, conHruction and contino ncy costs to all <onstruction of futur capacity: and [R[A S , t Stat and loca l A• ncy consid r ft to b '" tt ir 1111tual Interest to cooperat 1n the d sign lnd construction of en losing the City Of ell: and r h bolsed on sa fu"ds to ral lnd Ut ndtng and 4 u'lcb to be furnh Stne til val for t 1 c 5\1 0 lit to nt • onto 1 c otra t ••rth tt lo "' . , . • I . • • - WHEREAS, this contract is executed by the State under authority of Sections. _________________________ _ and by the Local Agency under the auth roity of its approved Ordinance. 1. NOW, THEREFORE, it is hereby agreed that: The estimated cost of the work was arrived at as follows: A. Estimated Construction Cost ($869,92!.00 x 1.15) $1,000,409 B. Local Agency Share 43 .0% (CC-0075-16) $430,176 c. 8% Administration Fee ~ TOTAL $437,919 0. State Share -IXM 0075 ( 14) $570,233 The costs for all add i tional work shall include 15 % of incurred construction costs for engineering and contingencies and shall be shared by Local Agency ( 43 %) and State (571). 2. The State wi 11 provide 1 iai son with the Loca 1 Agency or its representat 1 ve through the State's District Engineer, District VI, located at 2000 South Holly Street, Denver, CO 80222 . Said District Engineer will also be responsible for coordinating the State's activities under thi s co ntract . A. RESPONSIBILITIES OF THE LOCAL AGENCY The Local Agency sha 11 be res pons i b 1 e for mal ntenance of facll it ies constructed in 1ts jurisdiction pursuant to this upon acceptance of the facilities from the State . RESPONSIBILITIES OF THE STATE J. The State will provide the following 1tems of work : a . All surveys. b. All d sign work fro conceptua l stage through final design, bued upon aligll!lent, grade, pipe size , and technical specifications as provided by Local Agency . 2. The Stat will provid f1nal ass bly of conHructlon plans, spec! fl cat Ions, and contract doc nts, advert lse the Call for Bids, o n the bid proposals and award tt construction contract to the 1 st responsible and qualified bidder . 3. The State will h1ve full jurisdiction 1nd control ov r its coMtructlon c trt(tor in t ~ rforNnce of all r sh on stld plln~ and s dftcattons. 4 , r sponslblt or t su rvhton of t r , " It 1hall indu , bvt not bt li111lttd to. fltld 1nd offiCI ring, Ins tPrlah t Hlng, I r I c .. lthtn the proJttt aru. Z of 4 • I • • -• • - GENERAL PROVISIONS 1. All work and materials to be used in construction shall be in accordance with the plans and specifications for the project which are approved by the Local Agency in writing and which are made a part hereof by reference, the same as if attached hereto . 2. Throughout the construction of the work, the Local Agency will provide an inspector to insure that the interests of the Local Agency with regard to said work are being fulfilled. The Local Agency 's ins pector shall report only the State's inspector and shall not be involved with the State's construc tion contractor. 3. Reimbursement to the State by the Local Agency shall be based upon the actual cons tructed quanti t ies and costs as determined by the State , wh ich are approved by the Local Agency in writing. The State may rna e monthly billings to the Loca 1 Agency for work comp 1 eted and accepted by the Loca 1 Agency, but a minimum amount of SIO,OOO (excepting the final payment) will be required to authorize payment from the Local Agency to the State . All payments shall be made within 30 days of statement or wr itten notice of disapprove 1 will be made by the Loca 1 Agency . No approve 1 shall be withheld unreasonably. 4 . After all the work has been completed and final quantities have been determ1 ned, the State will bill the Loca 1 Agency for its share of the final costs. The Local Agency will remit to the State within 30 days the amount as billed . 5. Interim funds, until the State is reimbursed, shall be payable from State Highway Supplementary Fund (2001). The estimated maximum costs under this contract for the work shall not exceed $381,204 for the non-part icipat ing work without benefit of a supplemental contract . 6. The te,.. of this contract shall continue through the COf11Pletion tnd f1ntl tccepunce of the work by the State and receipt of final p1 nt roon the Local Agency. 7 . This contract shall inure to the benefit of and be binding upon the parttes. t i r suet ssors, and assigns. 8. The flc111ties constructed pursuant to this contract, Including us-nt, r1g11t-of-way and lie nses shall be the property of t Local A ncy . 9 . A y lie n t or pe,..1t requl..-d by any ut11tty cOOIII)any to cron clo td dttch shall be tt.lndled betw ln~ohed ut11!ty t lou l A n y, but t ut tllty ;,Ill cross the dl tch wl thoul s 1 of tl l •I A n y conHru,tt contract wft dllc wt t facti It tes . h of 4 I • • • • ,. • 10. No relocation of the Local Agency's "City Ditch" shall occur without the written authorization of the Local Agency. All requests for relocation shall include a written legal description of the location to which the "City Ditch" is to be relocated, a COOITlitment for title insurance in the amount of $100,000, evidence of fee simple ownership and ability to transfer fee simple ownership in the Local Agency and delivery of a warranty deed to the Local Agency of the aforedescribed relocated City Ditch. State may ensure that this requirement is met through its contracts with other agencies if such contracts are approved by the City of Englewood in wr iting. 11. An ordinance or resolution duly adopted by the Local Agency 's counci l shall be attached hereto as Exh1bit B. IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. ATTEST: Chief Clerk APPROVED : State Controller ATTEST : By __________________ __ Ti tle, ______________ _ • 4 of • STATE OF COLORADO RICHARD D. LAMH, GOVERNOR By P£x~K~u~t~1v7.e~D~1r=e~c~t~or~----------- DEPARTMENT OF HIGHWAYS DUANE WOODARD Attorney General 1st Assistant Attorney General CITY OF £ l£WOOO By·---------------------- Tl t l o. ____________ _ • • • • • • ORDINANCE NO. BY AUTHORITY S ERIES OF 198~3------ A BILL FOR 711 COUNCIL BILL NO. 58 INTRODUC~BY COUNCIL MEMBER ~ AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF LITTLETON PROVIDING FOR THE RELOCATION OF ENGLEWOOD'S CITY DITCH . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ,Sect ion 1. An agreement with the City of Lit tle ton is hereby approved, which agreement reads as follows: AGREEMENT THIS AGREEMENT, made this day of , 1983, by and between the CITY OF ENGLE WOOD, COLORADO, and the CITY OF LITTLETON , COLOR ADO; WHEREAS, The C1ty of L1ttleton has embarked upon a public improvement project that calls for the lowering of the railroad tracks in the City of Littleton , said project commonly referred to as the "Littleton Railroad Depression Project"; and WHEREAS , in order to complete the Lit leton Railroad D pr s ion Project , lt 1s n cessary to relocate the City of Engl wood C1ty Ditch used by the City of Englewood for the conveyanc of raw water for municipal purpos s; NOW , THEREFORE, BE IT AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. The C1ty of L1ttl ton shall relocat th City D1tch accord1ng to the t rm h r of. 2 . No D1tch" of Englewood t1on o he 1nclude the C1ty D1tch le 1nsur nc in the amoun 1ons to b o occupy and us r lln herein. • • - ( • ( • • • a. That Englewood is granted a perpetual nonexclusive right over, under, across and through said property for the purpose of constructing, operating, maintaining, repairing, replacing, removing, and enlarging a water line, including all necessary underground and surface appurtenances thereto necessary or desirable for the transmission of water; b. A prohibition on the construction, erection, or placing of any "improvement" on said property without the written consent of Englewood and the right in Englewood to remove any improvement so constructed, erected, or placed when no prior approval from Englewood has been obtained; c. The right to subjacent and lateral support of the water line so constructed; d. The right in Englewood to undisturbed use and occupancy of the property; e. That the evidence is binding on the heirs, personal representatives, successors and assigns of the parties and that the terms, covenants and agreements and conditions of the evidence shall be construed as covenants running with the land. 3. Al l costs of relocation shall be the sole expense of the City of Littleton. IN WITNESS WHEREOF, the parties hereto have executed this agreement the date first above written. CITY OF LITTLETON, COLORADO By ~P~r~e~s~l~a~~n~t~o~f~C~l~'~ty~~c~o~u~n~c~irri--- ATTEST: rk 2 CITY OF ENGLEWOOD, COLORADO By __ ~~~.-~~~~~~­Eugen L. Ot1a, Mayor ATTEST: Cary R . Higb , x officio City Cl rk-Treaaurer • • • - ( • • • Section 2. That the C ity Council of the City of Englewood hereby authorizes the Mayor and the ex officio City Clerk-Treasurer to sign and attest the same for and in behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 17th day of October, 1983. Published as a Bill for an Ordinance on the 19th day of October, 1983. Attest: Eugene L. Otis, Mayor ex off1cio City Clerk-Treasurer I, Gary R. Hig bee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced , read in full, and passed on first reading on the 17th day of , 1983. Gary R. H1gb e 3 • • • • • • 7f/ BY AUTHORITY ORDINANCE NO. SERIES OF 198~3------ A BILL FOR COUNCIL BILL NO. 58 INTRODU~BY COUNCIL MEMBER -od<Q. C <'<>v:- AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF LITTLETON PROVIDING FOR THE RELOCATION OF ENGLEWOOD'S CITY DITCH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ,Section 1. An agreement with the City of Littleton is hereby approved, which agreement reads as follows: AGREEMENT THIS AGREEMENT, made this day of , 1983, by and between the CITY OF ENGLEWOOD, COLORADO, and the CITY OF LITTLETON, COLORADO; WHEREAS, The City of Littleton has embarked upon a public improvement project that calls for the lowering of the railroad tracks in the City of Littleton, said proJect commonly referred to as the "Littleton Railroad Depression Project"; and WHEREAS, in ord r to complete the Littl ton Railroad Depression Project, it is n cessary to relocate th City of Englewood City Ditch us d by the City of Engl wood for the conveyance of raw wa er for municipal purpose ; NOW, THEREFORE , BE IT AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Th City of Littleton shall relocate he City Ditch according to the t rms h reo!. 2. No 0 or purpos a which shall 0 • • • • • a. That Englewood is granted a perpetual nonexclusive right over, under, across and through said property for the purpose of constructing, operating, maintaining, repairing, replacing, removing, and enlarging a water line, including all necessary underground and surface appurtenances thereto necessary or desirable for the transmission of water; b. A prohibition on the construction, erection, or placing of any "improvement" on said property without the written consent of Englewood and the right in Englewood to remove any improvement so constructed, erected, or placed when no prior approval from Englewood has been obtained; c. The right to subjacent and lateral support of the water line so constructed; d. The right in Englewood to undisturbed use and occupancy of the property; e. That the evidence is binding on the heirs, personal representatives, successors and assigns of the parties and that the terms, covenants and agreements and conditions of the evidence shall be construed as covenants running with the land. 3. All costs of relocation shall be the sole expense of the City of Littl ton. IN WITNESS WHEREOF, the parties hereto have executed this agr m nt the dat f1rst above written. CITY OF LITTLETON, COLORADO ATT ST: Ct 2 CITY OF E GLEWOOD, COLORADO By __ ~~~~~~~~~~~ Eug n L. Ot1s, Mayor ATTEST: Cuy c ty • , ex officio aaurer • - ( • • • Section 2. That the City Council of the City of Englewood hereby authorizes the Mayor and the ex officio City Clerk-Treasurer to sign and attest the same for and in behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 17th day of October, 1983. Published as a Bill for an Ordinance on the 19th day of October, 1983. Attest: Eugene L. Otis, Mayor ex off1c1o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced , read in full, and passed on first read ing on the 17th day of , 1983. Gary R. H1gbee 3 • • • • - RESOLUTION NO. Cj q SERIES OF 1983 A RESOLUTION HONORING EFFORTS OF CITIZENS WHO HAVE CONTRIBUTED TO THE STRENGTH AND DEVELOPMENT OF ENGLEWOOD DURING ITS 80 -YEAR HISTORY. WHEREAS, the City of Englewood in 1983 celebrates the 80th anniversary of its incorporation, and WHEREAS, the Volunteer Fire Department of the Ci ty of Englewood in 1983 marks the 75th ann iver ary of its founding, and WHEREAS, the City of Englewood in 1983 celebra tes the 25th anniversary of its Home Rule Charter , and WHEREAS, the City of Englewood has flourished to a large degree through the energy, time and skills contributed by its citizens. OW, THEREFORE, BE IT RESOLVED BY THE CITY COU CIL OP THE CITY OF ENGLEWOOD, COLORADO, that the Ci ty Council commends and expresses gratitude to all those ho over the past 80 years have selfle sly served their communit . 1983. ATTEST: e h bo o. DOPTED AND PPROVED this da of ____ _ Eugene L. Otis, Mayor Clerk·Tre e officio City Clerk-Tre ur r of En&l wood, Color do, h r by certify that th ru , a co pl te opy of R olution erie • I • RESOLUTION NO. ~(1 SERIES OF 1983 ~ • • • A RESOLUTION HONORING EFFORTS OF CITIZENS WHO HAV E CONTRIBUTED TO THE STRENGTH AND DEVELOPMENT OF ENGLE WOOD DURING ITS 80-YEAR HISTORY. WHEREAS, the City of Englewood in 1983 celebrates the 80th anniversary of its incorporation, and WHEREAS, the Volunteer Fire Department of the City of Englewood in 1983 marks the 75th anniversary of its founding , and WHEREAS, the City of Englewood in 1983 celebrates the 25th anniversary of its Home Rule Charter, and WHEREAS, the City of Englewood has flourished to a large degree through the energy, time and skills contributed by its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COU CIL OF THE CITY OF ENGLEWOOD, COLORADO, that the City Council commends and expresses gratitude to all those who over the past 80 years have selflessly served their community. ADOPTED A D PPROVED this It(}, day of (Q~, 19 3. Eugene L. Otis, Mayor ATTEST: officio C1 urer I, Gary R. Higbe , x officio City Cler L-T r ur r of he City of f:ngl wood, Colorado , hereby certify th th bov accura nd complet opy o R solution o. of 1983. • I • •