HomeMy WebLinkAboutresolution.council.028-10RESOLUTION #
(Series of 2010)
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
ASPEN, COLORADO, AND ASPEN CONSOLIDATED SANITATION
DISTRICT SETTING FORTH THE TERMS AND CONDITIONS REGARDING
SUPPLEMENTAL ENVIRONMENTAL PROJECT AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council an agreement
between the City of Aspen, Colorado, and the Aspen Consolidated Sanitation
District, a copy of which agreement is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that agreement
between the City of Aspen, Colorado, and the Aspen Consolidated Sanitation
District, regarding the supplemental environmental project, a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the City
Manager of the City of Aspen to execute said contract on behalf of the City of
Aspen.
Dated: ..~ /3~ `~~~
Michael C. Irel ,Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, April 12, 2010.
Kat ~ S. Koch, City Clerk
MEMORANDUM OF AGREEMENT
Between the City of Aspen and
Aspen Consolidated Sanitation District
THIS MEMORANDUM OF AGREEMENT entered into at Aspen, Colorado this
Day of , 2010, by and between the CITY OF ASPEN, COLORADO, municipal
corporation and home-rule city (hereinafter "City") and THE ASPEN CONSOLIDATED
SANITATION DISTRICT, aquasi-municipal corporation (hereinafter "ACSD").
WITNESSETH:
WHEREAS, ACSD is liable for civil penalties in the amount of $44,617 payable to the Colorado
Department of Public Health and Environment (CDPHE) for past discharge permit violations;
and
WHEREAS, CDPHE policy allows and encourages the completion of supplemental
environmental projects (SEP) in lieu of payment of such civil penalties; and
WHEREAS, the City of Aspen would like to begin constructing a water reuse project which
would ultimately be capable of supplying ACSD treated wastewater effluent for irrigation of
City properties such as the City golf course and other areas; and
WHEREAS, the City and ACSD propose to complete the first step of the water reuse project by
completing the pump station improvements needed to supply the reuse distribution system
(which is proposed as the SEP to CDPHE); and
WHEREAS, the potential public benefit from completing the SEP at an estimated cost of
$95,000 (and later completing the water reuse system distribution system) would far outweigh
the public benefit of paying the civil penalty and also far exceed the requirements of CDPHE's
SEP policy.
NOW, THEREFORE, the parties hereto agree as follows with respect to the SEP proposed and
with respect to the completion of the ultimate water reuse system:
I. Terms of Construction Timing and Costs
The District and City will complete the first phase of the City water reuse project
by the end of the construction season 2010. The first phase will consist of the
installing the pump systems needed to supply the City water reuse distribution
system. The estimated cost of this phase is $95,000. The City and District have
agreed to the amount of ACSD's contribution to this cost. All additional costs will
be covered by the City. This would comprise the entire SEP. The improvements
completed would be dedicated and deeded over to the City for operation and
maintenance.
2. The City shall use its best efforts to complete, at a minimum, enough water reuse
distribution system, during the 2011 construction season, to make the water reuse
system functional. The City will complete this part of the water reuse project at its
sole expense. In the event that unforeseen financial circumstances arise this aspect
of the water reuse project would be completed as soon as financial circumstance
allow. The City guarantees that the distribution system will be completed.
3. ACSD promises to work in concert with the City throughout the completion of the
entire reuse project and beyond in order to make its treated wastewater
consistently available for the purpose of reuse.
WHEREFORE, the parties, through their duly authorized representatives, have executed this
Memorandum of Agreement upon the dates as set forth herein.
TH CITY F ASPEN
By: ~ C p~~~
ASPEN CONSOLIDATED SANITATION DISTRICT