HomeMy WebLinkAboutResolution-1992-1309
RESOLUTION NO. 1309
SERIES OF 1992
TITLE:
A RESOLUTION OF THE CITY OF WHEAT RIDGE, COLORADO
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH WHEAT
RIDGE SANITATION DISTRICT REGARDING THE JONATHAN'S
GATE PROPERTY
WHEREAS, Section 14.2 of the Home Rule Charter of the
Ci ty of Wheat Ridge requires that all intergovernmental
agreements entered into by the city be approved by resolution;
WHEREAS, the City Council of the City of Wheat Ridge
has agreed to enter into the attached Intergovernmental Agreement
with the Wheat Ridge Sanitation District;
WHEREAS, the city Council wishes to evidence its said
appraisal of Intergovernmental Agreement by adopting the within
resolution and authorizing the Mayor and City Clerk to execute
said Intergovernmental Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Wheat Ridge, Colorado, as follows:
1. That certain Intergovernmental Agreement between
the City of Wheat Ridge, Colorado, and the Wheat Ridge Sanitation
District, which is attached hereto, is hereby approved.
2. The Mayor and City Clerk are authorized to execute
said Intergovernmental Agreement.
DONE AND RESOLVED this
10th day of August, 1992.
ATTEST:
INTERGOVERNMENTAL AGREEMENT
c~
This INTERGOVERNMENTAL AGREEMENT made and executed this ~
day of November, 1992, by and between the CITY OF WHEAT RIDGE,
COLORADO, A Colorado home rule municipal corporation, (hereinafter
referred to as the "City"), and the WHEAT RIDGE SANITATION
DISTRICT, a Colorado special district organized and existing
pursuant to the provisions of Title 32, Colo. Rev. Stat.
(hereinafter referred to as the "District").
..
WITNESSETH:
WHEREAS, certain property known as Jonathan's Gate is situate
within the boundaries, and therefore within the jurisdiction, of
both the City and the District,
WHEREAS, at the time of construction of Jonathan's Gate, a
holding tank was installed to allow for collection and detention,
and gradual release into the District's sewage collection system,
of waste generated by residents of Jonathan's Gate;
WHEREAS, the holding tank situate at Jonathan's Gate has not
functioned adequately, resulting in the escape of odors into the
atmosphere, which odors are unpleasant and damaging to the
enjoyment of life of surrounding properties and residents;
WHEREAS, the District has found that sewage detention and
gradual release is no longer necessary at this location or any
other location in the District as the District has constructed new
mains and it is the policy of the District to discontinue holding
tank usage;
WHEREAS, the City, which has enacted, as part of its Zoning
Ordinance as Section 26-30(H) of its Code of Laws, standards and
criterion for construction and installation of holding tanks,
wishes to aid the District in the elimination of the odor problem
reflecting residents of the City;
WHEREAS, the District and the City wish to enter into this
Intergovernmental Agreement setting forth the terms and conditions
of their joint efforts in this matter which City and District each
finds is necessary to protect the health and welfare of their
citizens.
NOW THEREFORE, the parties for themselves, their heirs,
successors and assigns do hereby covenant, warrant and agree as
follows:
1. The District agrees that it shall, at its sole cost and
expense, complete the engineering, design, and bidding process
necessary to provide for the alleviation of the odor problem
connected with the holding tank at Jonathan's Gate. The City
agrees to pay to the District all costs of actual construction
necessary to complete said modifications and repairs, to a maximum
of $15,000.00. The City shall pay said amount immediately upon
receipt of invoice from the District. The District shall pay any
costs of this project exceeding the sum of $15,000.00.
2. The District agrees to advise the City of the scope,
nature, and extent of the modifications and corrections which the
District causes to be made hereunder.
3. All work completed on the herein descr~bed project shall
be completed in compliance with the Rules and Regulations of the
District and with the ordinances of the City.
4. The City agrees to waive all permit charges, inspection
fees or other City charges associated with this project.
5. The District agrees to complete, or ca\lse 4 to be
completed, the work described herein on or before Veeemb~
1992.
THE CITY OF WHEAT RIDGE
COLORADO
WHEAT RIDGE SANITATION DISTRICT,
a Colorado special district
ATTEST:
iV/};o-JJ~~~
Williard Krieger, S retary
By d./l JM1>>~j
D.R. Drommond, President