File #: Ordinance 17-2017    Name:
Type: Ordinance Status: Passed
File created: 6/15/2017 In control: City Council
On agenda: 7/18/2017 Final action: 7/18/2017
Title: An ordinance on second reading for an addendum to Wastewater Connector's Agreement Addendum and Sewer Service Agreement Addendum with Ken Caryl Ranch Water and Sanitation District
Attachments: 1. Ordinance No. 17-2017, 2. Exhibit A - Addendum to Sewer Service Agreement, 3. Exhibit B - Interpretive Memorandum, 4. EPA letter received 6-12-2017, 5. 2017 Addendum to Sewer Service Agreements Memo 3-6-2017, 6. 2017 Addendum to Sewer Service Agreements Memo 3-16-2017, 7. Ken Caryl Ranch Addendum and Interprative memorandum presentation

Agenda Date: 07/18/2017

 

Subject:

Title

An ordinance on second reading for an addendum to Wastewater Connector’s Agreement Addendum and Sewer Service Agreement Addendum with Ken Caryl Ranch Water and Sanitation District

Body

 

Presented By:

Keith Reester, Acting Public Works Director

 

POLICY QUESTION:

 

Does city council support approving an addendum to the Sewer Service Agreement for Ken Caryl Ranch Water and Sanitation District?

 

BACKGROUND:

 

An Environmental Protection Agency (EPA) audit deemed than an Addendum to the Wastewater Connector’s Agreement was necessary to provide adequate delegation of the Pretreatment Program Implementation to the Cities of Littleton and Englewood.  Sanitary sewer service is provided to districts outside of the Littleton corporate boundaries through the standard Connector’s Agreement with the district owning and maintaining their sewer mains. The Littleton/Englewood Wastewater Treatment Plant is able to receive and treat sewage transmitted by these various districts.

 

The Addendum and copies of the sewer service agreements were approved by Littleton City Council on May 16, 2017 for Bow Mar Water and Sanitation District, Columbine Water and Sanitation District, Grant Water and Sanitation District, Meadowbrook Fairview Metropolitan District, Platte Canyon Water and Sanitation District, Roxborough Park Metropolitan District and Southwest Water and Sanitation District. Ken Caryl Ranch Water and Sanitation District had their addendum signed at their board meeting on April 19 and it was not presented to council when all the other sewer and sanitation districts were approved.

 

Ken Caryl Ranch Water and Sanitation District has signed an Addendum to their Sewer Service Agreement. The agreement between the District and the City of Littleton is contingent on the execution of an Interpretative Memorandum. The purpose of the Interpretative Memorandum is to clarify the intent of the Addendum and the meaning of certain terms and provisions contained therein. The Memorandum will constitute an agreement between the District and the City of Littleton, and that the language of the Memorandum will be controlling in the event of a conflict between the language in the Addendum and the language in the Memorandum.

 

STAFF ANALYSIS:

 

In order to comply with EPA’s requirement, the Industrial Pretreatment Division proposed to EPA and the Cities of Littleton and Englewood, to develop an Industrial Pretreatment specific addendum to the wastewater connector’s agreements and sewer service agreements currently in place between individual sanitation districts and the cities.  In this manner EPA’s requirement to “establish delegation for implementation of the Pretreatment Regulations” would be accomplished without re-opening the existing agreements and the addendum could then be a standard agreement for all districts.

 

OPTIONS/ALTERNATIVES:

 

Staff would suggest there are no other viable alternatives since the changes are in response to the EPA audit.

 

FISCAL IMPACTS:

 

None.

 

STAFF RECOMMENDATION:

 

Staff recommends approval.

 

PROPOSED MOTION:

Proposed Motion

I move to approve on second reading an ordinance for an addendum to Wastewater Connector’s Agreement and Sewer Service Agreement with Ken Caryl Ranch Water and Sanitation District and approve the Interpretive Memorandum hereto attached as Exhibit B.