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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