The URL can be used to link to this page

Home My WebLink About012 - 03/04/1971 - ADOPTING AND ENTERING INTO A CONTRACT WITH THE CHERRY HILLS SANITATION DISTRICT ORDINANCE NO 12, 1971, BEING AN ORDINANCE ADOPTING AND ENTERING INTO A CONTRACT WITH THE CHERRY HILLS SANITATION DISTRICT WHEREAS, the City of Fort Collins has negotiated with the Cherry Hills Sanitation District and has arrived at an agreement providing for connecting the District's sanitary sewer outfall line to the City of Fort Collins sanitary sewer system and the treatment of sewage from said District by the City, and WHEREAS, a copy of the agreement negotiated between the City and said District is attached hereto and by this reference made a part hereof, and WHEREAS, in the opinion of the City Council, it is in the best interests of the City of Fort Collins to enter into said agreement NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS THAT said agreement be and the same hereby is accepted and approved and adopted, and THAT the Mayor and City Clerk be and they hereby are authorized and directed to execute said agreement for and on behalf of the City of Fort Collins Introduced, considered favorably on first reading, and ordered published this llth day of February, A D 1971, and to be presented for final passage on the 4th day of March, A D 1971 Ma ATTEST City Clerk" Passed and adopted on final reading this 4th day of March, A D 1971 i M r ATTEST City Clerk s t AGREEMENT THIS AGREEMENT, made this �_ day of A D 1970 between THE CHERRY HILLS SANITATION DISTRICT, a stat- utory sanitation district, hereinafter called District, and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, herein- after called City, W I T N E S S E T Ht WHEREAS, District is a statutory sanitation district formed for the purpose of establishing a sanitation collection system in the area encompassed by Districtl and WHEREAS, such District was formed in an area laying out- side the city limits of the City of Fort Collins; and WHEREAS, District has been served with an Order by the North College Sanitation District, effective 18 months after May 20, 1970, to discontinue using the North College Sanitation Dis- trict sewer system as an outfall for the sewage of The Cherry _Hills systgai and WHEREAS, District has had an engineering study made and certain alternate plans have been presented by the engineering firms and WHEREASo. City presently operates its sanitary sewer system in the City of Fort Collins and in some of the area around the City; and _ i WHEREAS, City has applied for and received a Federal Grant to construct an outfall line along vine Drive and southerly to the existing sewage treatment plant; and WHEREAS, the City has capacity in its sewage treatment facilities to process the sewage from District's sewage lines; and WHEREAS, City has entered into certain agreements pertain- ing to the processing of sewage from certain properties lying out- side the boundaries of City; and - ,I c , WHEREAS, City has offered to receive sewage from the District's sewage system and to process such sewage, all of the same to be done in consideration of the payments hereinafter called for and the other terms and conditions of this agreement NOWT THEREFORE, IN CONSIDERATION of the premises and the terms of the within agreement, it is agreed as follows: 1 District will construct the necessary outfall lines to eliminate a lift station on Lindemeyer Road (Station #1) and a second lift station on Willox Lane (Station #2) and to connect with the City outfall line on Vine Drive 2 District agrees to perform the necessary engineering to connect the District's present collection line to the line of the City facilities and to tap District's line into the City line ` 3 City agrees to receive all of the sewage from the District's system and to treat their sewage the same as City handles its own sewage 4 The District agrees to keep all necessary records and to bill and collect for sewer collection and treatment from the parties connected to the District's sewer system, and to notify the City monthly of any change in number of services S The District agrees to pay to the City the sum of $2 00 per month per dwelling unit connected to the District sys- tem For the purposes of this agreement, a dwelling unit shall be defined as defined in the zoning ordinance of the City of Fort Collins The charge for service to a non-residential cus- tomer shall be negotiated between the City and the District be- fore any such user is connected to the District system and an addenda shall be added to this agreement setting forth the charge to be made for such non-residential use 6 It is expressly agreed that in the event the City changes the sewer rates- now established by the City by Section 21-49 39 of the Code of Ordinances of the City of Fort Collins, -2- r 4 � Colorado, 1958, as amended, the amount to be paid by patrons of the District to the City for service charges shall be changed proportionately in the same ratio-as the change in the City's r rates and fees 7 This agreement shall continue in effect until ter- minated in one of the following mannerst A In the event either party defaults in the payment or performance required for such party hereunder, then the party not in default shall be entitled to terminate this agreement after first giving the defaulting party ten days notice in advance of intent to terminate In the event the default is corrected with- in such ten days the agreement shall not be terminated, but in the event such default is not corrected within such time, the agreement shall be automatically terminated after such ten day notice B It is contemplated that the District will sell bonds to pay the cost of constructing the improvements contemplated herein So long as said bonds or any part of them are outstand- ing (nor more than 10 years from the sale of said bonds) this agreement may be terminated by the city only upon three years ad- vance notice to the District and only if the City- Engineer or another qualified consultant certifies in writing that the capac- ity of the city sewer plant is needed for city residents and cannot reasonably accommodate the sewage of the District Noth- ing contained herein shall prevent either party from terminating this agreement for cause as set out in sub-paragraph A above, notwithstanding the existence of the bond referred to herein C After the retirement of the bonds referred to in paragraph B above, either party may terminate the within agree- ment upon giving to the other party three years notice of inten- tion so to terminate it attthe expiration of such three year per- iod this agreement shall be terminated 8 It is expressly agreed by and between the parties hereto that except as is specifically provided in this agreement l -3- 14, r neither party shall have nor acquire by reason of the terms here- of any right, title, interest or estate in the facilities of the other party 9 In accordance with this agreement and to facilitate proper operation and maintenance and accounting for the customers within this District, the District will furnish and convey to the City any maps they may have of their system, and a list contain- ing the name, address and size of service presently installed to serve all existing customers, and future customers as now connec- tions are made 10 District agrees to submit all plans for construction of outfall lines, lift stations, or other facilities to the City for approval and no facilities connecting to the City system shall be installed by the District until such approval is received This agreement shall be binding upon the parties hereto, their successors and assigns, effective as of the date of this agreement IN WITNESS WHEREOF, the District has caused its corporate name to be hereunto subscribed by its President and its corporate seal to be hereunto affixed, attested by its Secretary, and the City has caused its corporate? name to be hereunto subscribed by its Mayor and its corporate seal to be hereunto affixed, attested by its City Clerk, at Fort Collins, Colorado, this day of THE CHERRY HIL LS SANITATION DISTRICT / A-x+4 - President A STs Secretary _ THE CITY OF FORT COLLINS, COLORADO Mayor ATTESTS 1�/� y er -d-