HomeMy WebLinkAbout08292
ORDINANCE NO. 8292
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF
PUEBLO AND THE BLENDE SANITATION DISTRICT FOR WASTEWATER
TREATMENT SERVICES
WHEREAS, the City of Pueblo maintains sufficient capacity in its water reclamation
facility to accommodate wastewater from the Blende Sanitation District; and
WHEREAS, continuing to provide wastewater treatment for the Blende Sanitation District
is the most efficient way to provide for regional wastewater treatment; and
WHEREAS, the City Of Pueblo has historically provided wastewater treatment service
to the Blende Sanitation District; and
WHEREAS, an agreement has been prepared setting forth terms under which the City
of Pueblo will provide wastewater treatment services to the Blende Sanitation District;
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement between the City of Pueblo, a Municipal corporation and Blende
Sanitation District dated January 1, 2011 (the “Agreement”), having been approved as to form
by the City Attorney, is hereby approved.
SECTION 2.
The President of City Council is hereby authorized to execute the Agreement in the
name and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto
and attest same.
SECTION 3.
This ordinance shall become effective immediately upon final passage and approval.
INTRODUCED: November 22, 2010
BY: Leroy Garcia
COUNCILPERSON
PASSED AND APPROVED: December 13, 2010
Background Paper for Proposed
ORDINANCE
DATE: November 22, 2010 AGENDA ITEM #R-4
DEPARTMENT: WASTEWATER DEPARTMENT
Gene Michael, Director
TITLE
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND
THE BLENDE SANITATION DISTRICT FOR WASTEWATER TREATMENT SERVICES
ISSUE
Should the City Council approve an agreement with the Blende Sanitation District for
wastewater treatment services?
RECOMMENDATION
Approval of this Ordinance.
BACKGROUND
The City of Pueblo has provided sewage treatment services to the Blende Sanitation District
(“Blende”), the Salt Creek Sanitation District, and the St. Charles Mesa Water and Sanitation for
more than 20 years under a contractual agreement with Blende. All three districts provide
centralized sewage collection to a portion of their service areas and deliver wastewater flow to
the City of Pueblo’s Water Reclamation Facility via a dedicated pipeline. The current agreement
for wastewater treatment expires December 31, 2010.
Blende flows amount to approximately 112,000 gallons per day, and represent approximately
one percent of the daily flows entering Pueblo’s facility. The area served under the 1990
contract has not changed. Because of the cost and regulatory difficulty of securing approval to
construct a new wastewater treatment facility, this agreement appears to provide the most
practical option for wastewater treatment.
FINANCIAL IMPACT
Blende pays for treatment services at rates set forth in the Pueblo Municipal Code, and is
subject to the requirements of Pueblo’s pretreatment program. The agreement protects the
City’s capacity at the Water Reclamation Facility. As a result, the agreement does not create an
adverse financial impact on the Sewer Enterprise.
A copy of the agreement is attached.
AGREEMENT
THIS AGREEMENT is made and entered into as of the 1 day of January, 2011, by and between
the City of Pueblo, a Municipal Corporation (hereinafter" City ") and the Blende Sanitation District, a
Sanitation District (hereinafter "District ")
WITNES SETH
WHEREAS, District is a Sanitation District created by Order of the District Court of Pueblo
County Colorado in Case No 44284, Division A and is possessed of such powers and authority as
provided by law including but not limited to those set forth in the Special District Act, C.R.S §32 -1 -101
et seq , and
WHEREAS, City is a home rule city organized and existing under and by virtue of Article XX of
the Colorado Constitution and pursuant to such authority owns and operates wastewater collection and
treatment facilities, and
WHEREAS, City and District had heretofore entered into an agreement dated December 10,
1990, all providing for the City's treatment of wastewater collected or conveyed by Blende in
accordance with and subject to the terms, conditions, limitations and charges provided for therein, and
WHEREAS, the parties are desirous of entering into a new agreement providing for treatment of
District s wastewater by City, defining mutual responsibilities and addressing requirements of law; and
WHEREAS, such agreement is authorized by C.R.S 29 -1 -201, et. seq.
NOW, THEREFORE, in consideration of the foregoing recitals and the terms, conditions and
covenants set forth herein, the parties hereto agree as follows
1 Wastewater Services. During the term of this Agreement, subject to termination as
provided herein, and subject to all of the terms and conditions of this Agreement, District may maintain
and employ its presently existing connection between its wastewater collection system and City's
treatment facilities for transmission of wastewater for treatment by City The parties agree that by
authorizing such connection and providing wastewater treatment services for the benefit of District, City
shall not be deemed to be a public utility nor be subject in any manner to the jurisdiction of the Colorado
Public Utilities Commission.
2 Service Area. District shall only be permitted to discharge that wastewater into City's
wastewater treatment system which is generated and collected within the following geographic areas (a)
all area located within the boundaries of the District as originally constituted, (b) all area within the
boundaries of the Salt Creek Sanitation District as originally constituted, (c) Blende Industrial Park
authorized by City's letter dated March 15, 1974, (d) that portion of the St. Charles Mesa Sanitation
District which hes west and north of Roselawn Cemetery consisting of approximately 113 acres, (e) the
site occupied by Mission Foods Corp's (formerly Candy's Tortilla Factory) facility at 2110 Santa Fe
Trail, (f) that portion of St. Charles Mesa Sanitation District consisting of the 43 residences located on
the south side of Liberty Drive and on Independence Drive between Aspen and Eagle Streets authorized
by City's letter dated September 25, 1979, and (g) the 20 existing residences or residence equivalents
located on the south side of Highway 50 (Santa Fe Drive), west of 20th Lane within St. Charles Mesa
Sanitation District and authorized by City's letter dated September 7, 1987 (collectively the "Service
Area ") The Service Area is as shown on the map appended hereto as Exhibit A, which is incorporated
herein by reference No other areas may now or hereafter be served except upon annexation of said area
to the City of Pueblo or by special approval by duly adopted resolution of the City Council, thereafter
those additional areas shall be included within the term "Service Area."
3 Authorized Users. Except as expressly permitted herein, District shall only be permitted
to discharge wastewater into City's wastewater treatment facilities and system which is comprised of
domestic sewage from the authorized Service Area described in paragraph 2 of this Agreement. In
addition to domestic sewage, District shall be permitted to discharge to City's wastewater treatment
system wastewater generated by small commercial operations and industrial users within the Service
Area who have heretofore been authorized to discharge into City's system through District prior to the
date of this Agreement (hereinafter referred to as "existing small commercial and industrial users "), and
whose names and service addresses are identified in Exhibit "B" hereto, which is incorporated herein by
reference As used in this Agreement. the term "domestic user" or "domestic sewage" refers to users
who generate, and the wastewater generated by, single family residences and from multiple family
residences not containing more than 10 residential units, the term "small commercial operations" or
"small commercial user" means all non - domestic users meeting all three of the following criteria. (a)
wastewater discharge is less than 10,000 gallons per day, (b) user is not an industrial user as defined in
this paragraph, and (c) wastewater generated is principally of the domestic type and contains no
significant quantities of toxic substances or heavy metals and the term "industrial user" means any user
who either (a) generates or discharges process wastewater from any industrial process or (b) discharges
more than 10,000 gallons of wastewater per day or (c) is a categorical or other industry subject to
categorical or other pretreatment regulations and standards.
4 New Connections Within The Service Area.
A. Domestic Users.
I For so long as the City's treatment facilities have adequate capacity and ability
to treat, in accordance with all applicable water quality laws and regulations, additional wastewater
while adequately meeting and serving the needs of City and its residents, including the need for
population growth and industrial development, as determined solely by the City Manager of City,
District may allow within the Service Area additional new domestic user connections to its collection
system which conveys wastewater to City's treatment facilities, conditioned upon obtaining a City tap
permit and payment to City of the plant investment fee and subject to compliance with all other terms
stated herein.
II New connections for domestic use shall not be authorized by District nor made
until the plant investment fee is paid to District and remitted by District to City Upon payment of said
plant investment fee a tap permit shall be issued by City through the Wastewater Department. The
amount of the plant investment fee payable to City shall be established based upon periodic rate study to
compensate the City for its capital investment, debt service and replacement reserves which should be
allocated among new users in District. The amount of the plant investment fee shall be established and
reestablished from time to time by City Council of City, provided however, that until it is first so
established, the plant investment fee payable to City shall be $2,050 for each residence connection or
each residential unit in the case of multi- family units employing a single combined connection. In
addition to the plant investment fee payable to City, District may, in its sole discretion, require any new
user to pay such additional connection or tap fees which may be imposed by District for District's own
use and benefit.
III New multifamily residential buildings constructed with four or more living
units shall be constructed with grease interceptors. Grease interceptors shall be appropriately sized
according to the criteria set forth by the Regional Building Department. Grease interceptors shall be
properly maintained, and shall be subject to periodic inspection by the Pretreatment Division of City's
Wastewater Department. Grease interceptors shall be pumped at a frequency specified by the
Pretreatment Division of City's Wastewater Department.
B Small Commercial Users.
Subject to the City's treatment facilities' capacity and ability to treat and fully meet City's
treatment and development needs, as in the case for new domestic users, and subject to compliance with
all other terms stated herein, District may allow within the Service Area new small commercial
operations to be connected to its collect ion system which conveys wastewater to City's treatment
facilities, conditioned upon prior written approval of the City's Wastewater Director, obtaining a City
tap permit, and payment to the City of a plant investment fee equal in amount to the plant investment fee
which would be payable for an equivalent number of residential units based upon the nature and quantity
of the small commercial user's discharge The determination of the equivalent number of residential
units shall be made by the City's Wastewater Director upon any reasonable and rational basis he believes
is appropriate, and his decision shall be final, subject only to review or modification by the City
Manager Prior to authorizing any such new connection, the Director may require submittal of a report
signed and certified by a licensed professional engineer, describing the volume and nature of wastewater
to be discharged and the nature of the commercial operation which will be conducted on the premises to
be served.
Any new commercial user shall not be permitted to discharge to any collection system
which conveys wastewater to City's treatment facilities wastewater containing sulfate concentrations
greater than 310 milligrams per liter (mg /L or parts per million), nor total selenium concentrations in
excess of 17 micrograms per liter (µg /L or parts per billion)
C Industrial Users
No new industrial user within the Service Area shall be connected to any collection
system which conveys wastewater to City's treatment facilities, except upon the following basis
I The proposed user shall submit an application for service to District and
City which sets forth the name and address of the user, identification of all Standard Industrial
Classification (SIC) Identification Numbers applicable to the user's proposed operations, a description of
all processes which will or may discharge process wastewater, identification of the contaminants and
quantities of each per liter of wastewater, description of the user's proposed pretreatment system,
hazardous material containment system, discharge volume, and all other information which City may
reasonably request. The application shall be signed and certified by a licensed professional engineer
II On the basis of the information submitted and any independent
investigation as the City's Wastewater Director may, in his sole discretion, conduct, the Wastewater
Director shall report to the City Manager whether he believes the City has sufficient treatment capacity
and is capable of treating to applicable water quality standards the wastewater to be generated by the
proposed user, and he shall make recommendations concerning restrictions, pretreatment and any other
requirements which should be imposed. The City Manager shall review the application and the report
and recommendations and may approve or disapprove the application, in the exercise of his sole
discretion, based upon the best interests of the City, and the City Manager's decision shall be final. If the
application is approved, connection may be made only upon compliance with the provisions of this
Agreement, such conditions and restrictions as the City may require, and payment of a plant investment
fee to City
III All new industrial users shall obtain from City an Industrial User Permit
( "IUP ") containing requirements for discharge monitoring, discharge restrictions and pretreatment
limitations and complying in all respects with the requirements of federal, state and local laws and
regulations.
IV The plant investment fee required to be paid to City by new industrial
users shall be determined by City's Wastewater Director on a case by case basis upon any reasonable
and rational basis he believes is appropriate taking into consideration the nature and quantity of
wastewater, the City's need for population growth and industrial development, the City's remaining
available treatment capacity, and such other considerations as the he may consider appropriate The
decision of the Wastewater Director shall be final, subject only to review or modification by the City
Manager
V Any new industrial user shall not be permitted to discharge sulfate
concentrations greater than 310 milligrams per liter (mg /L or parts per million), nor total selenium
concentrations in excess of 17 micrograms per liter (µg /L or parts per billion)
5 Service Agreements to Conform. District shall, as soon as practicable, and in no event
later than 6 months after execution of this Agreement, enter into amended service agreements with Salt
Creek Sanitation District and St. Charles Mesa Sanitation District, in such form and content as shall be
approved by City Attorney of City, binding said districts to all the terms and conditions set forth herein
to the same and complete extent as District, and granting to City within the boundaries of said districts
all of the powers and authority granted to City pursuant to this Agreement.
6 Water Quality Planning. City is and shall remain the Water Quality Management Agency
for District and for Salt Creek Water and Sanitation District. City is authorized to review and determine
the form of all water quality plan submittals from each said district including updates to the designated
areawide water quality management planning agency for the Pueblo Region.
7 Disconnection For Contamination, Insufficient Capacity.
A If, at any time during the term of this Agreement City's wastewater treatment
facilities shall become overloaded or inadequate to serve the needs of the City and its residents,
including the need for population growth and industrial development, City may in the exercise of its sole
discretion disconnect District's collection system from City's wastewater treatment system upon giving
District a two (2) year prior written notice of its intention to so disconnect.
B If at any time wastewater conveyed by or through District shall either contaminate
City's wastewater treatment system, cause City to violate laws or its discharge permit, cause interference
to treatment facilities operations or jeopardize the City's operations in any manner, City may
immediately close or disconnect the Blende Interceptor and stop receiving and treating wastewater until
the cause of the contamination, violation, or interference shall have been discovered and eliminated.
Irrespective of whether or not City closes or disconnects the Blende Interceptor to prevent further
contamination, violation or interference, District shall indemnify, defend, and save harmless City from
all claims, demands, suits, civil penalties, loss and damage and reimburse City for all expense and
outlay, including attorney fees, occasioned or resulting from such contamination, violation or
interference
8 Treatment Charges and Payment.
A. Commencing on January 1, 2011, District shall pay a monthly wastewater treatment
charge based upon the volume of wastewater discharged into City's wastewater treatment system from
each of the classes of users connected to District's collection system. The initial charge for wastewater
from domestic and small commercial operations shall be computed at the rate of $2 70 per 1,000 gallons
of wastewater and the charge for wastewater from industrial users shall be $2 70per 1,000 gallons of
wastewater Apportionment between industrial and non - industrial wastewater shall be accomplished on
the basis of flow measuring devices installed at industrial process discharge points, provided that in the
absence of such flow measuring devices at any industrial user discharge, industrial user wastewater shall
be estimated based upon water usage or other reasonable method. The monthly charge shall be
computed by City and billed to District, which shall pay same within 30 days of the date invoiced. Any
charges or fee imposed under this paragraph 8 and not paid within 30 days after it has become due and
payable shall accrue interest at the rate of one and one -half percent (1 5 %) per month until paid
B The monthly charges for wastewater services as provided herein may be increased by
City at any time by Resolution or Ordinance adopted by the City Council of City, provided that such
increase shall not in the aggregate be greater than 110% of percentage increases in the City's sewer user
charges made after January 1, 2011 for users directly served by City's sewer system within the City
Written notice of any such increase shall be given to District not less than 90 days before the date when
such increase shall become effective
C In addition to the regular monthly charges for wastewater services provided in
subparagraphs A. and B above, District and each industrial user to whom excessive strength surcharges
are applicable shall be Jointly responsible for payment to City of all excessive strength surcharges,
which shall become due and payable within 30 days of the date invoiced by City The amount of
excessive strength surcharges shall be computed in accordance with the provisions of Chapter 7 of Title
XVI of the Pueblo Municipal Code, as amended, or as same may subsequently be amended in the future
D Each industrial user shall also pay and reimburse City for all fees assessed by the
Colorado Department of Public Health and Environment or any of its divisions upon the user as an
industrial wastewater discharger or upon the City as a result of the City receiving wastewater from such
industrial user, including but not limited to the fees provided in § 25- 8- 502(1)(b 5)(I), C.R.S (2009)
E In the event District shall substantially fail, neglect or refuse to pay any of the charges
within ninety days of the date when due, as provided herein, the District shall not be disconnected from
the City's wastewater treatment system, but the unpaid charges shall constitute a debt owing to City by
District subject to collection by action in law or equity and a hen upon all of the property in the District.
The charges due and unpaid, together with accrued interest, shall be certified by City's Director of
Finance to the County Commissioners of Pueblo County, Colorado on or before the first day of
November of each year in the form of a mill levy which, when multiplied by the assessed valuation of
the real property located within District, shall be sufficient to pay all such charges and accrued interest
and a late penalty of ten percent (10 %), and such charges thereupon and until paid shall be a hen upon
all said real property in the District and shall be Levied, certified, received or collected by sale, annually
from year to year by the Treasurer, Commissioners and other officials of Pueblo County as provided for
general ad valorem taxes, and the proceeds thereof remitted to the City In the event any County official
refuses to take any act necessary for the collection of said mill levy or payment upon collection to the
City as provided herein, District agrees that City may bring an action to compel the District and said
County Officials to take such actions as are necessary, in the same manner as if said mill levy were
certified by the District, and District further agrees that it shall, in such case, confess that said mill levy
is imposed by and for the benefit of District and should be enforced by the Court in which said action is
brought. No variance between the procedures specified herein and those set forth in C.R.S 32-4 -
510(I)(m) or like statute subsequently enacted, shall void this provision, it being the express agreement
of the parties that the Court enforce the intent of this provision to the maximum extent lawful, and to
accomplish same, to reform this provision as necessary to render it lawful and enforceable so that such
charges may be collected.
9 District Property - Ownership and Maintenance. District's wastewater collection system
(including metering station) shall be and remain the sole property of District and shall be maintained and
repaired by District and not by City Notwithstanding the foregoing, city shall have the right to enter and
inspect the Blende Interceptor, District's collection system and all connections thereto at any time to (a)
determine whether repairs are necessary to prevent unnecessary infiltration or inflow, (b) determine the
presence of any unauthorized discharges, (c) to locate the source of any toxic substances or
contaminants in the wastewater, (d) to operate and enforce City's pretreatment program, or (e) to do any
other act reasonably related to City's operation of its wastewater treatment facilities
Within 90 days of execution of this Agreement, District shall install on the south side of the
Arkansas River, and maintain a flow monitoring device capable of measuring and Logging total
wastewater flow delivered from District to City The flow monitoring device shall be installed at a
location that facilitates comparison of flow measurements to the flows recorded at the flume located at
City's Water Reclamation Facility to provide an indication of the integrity of the sewer main beneath the
Arkansas River that delivers District's flow to City District shall make flow records available to City
no less frequently than once per month.
10 District's Right to Disconnect. District shall have the right at any time to disconnect its
system from City's wastewater treatment facility voluntarily upon giving to City a one year prior written
notice of its intention to so disconnect. Such discontinuance of service shall be made by actual physical
disconnection of the Blende Interceptor and District's collection system from City's wastewater
treatment facilities and system. All charges accruing thereafter shall be abated and thereafter no such
charge shall be certified for collection.
11 Land Use Planning. District agrees that in order to promote the orderly development and
the health, safety and welfare of the residents located in District, the Board of Directors of District shall
cooperate in the enforcement of the Pueblo County Zoning and Building Rules and Regulations In the
event that the land located within the jurisdictional boundaries of District shall become annexable to the
City of Pueblo, District shall interpose no objection to its annexation and will in all ways cooperate in,
and not oppose, any proposal to annex to the City of Pueblo, subject to the provisions and limitations of
§ 32- 1- 501,et seq , C.R.S or any similar statute subsequently enacted. Nothing in this section,
however, is intended, nor shall it be construed, to create any obligation whatsoever on the part of City to
annex any property located within the District.
12 Pretreatment Program.
A. District agrees that City's pretreatment program is applicable to all users within the
Service Area. District agrees that, if it has not already done so, that it shall within 90 days of execution
hereof, adopt as its rules and regulations, those ordinances adopted by City which comprise or relate to
City's Industrial Pretreatment Program, as set forth in Chapters 7, 8 and 9 of Title XVI of the Pueblo
Municipal Code, as amended. Upon any change to the City's Pretreatment program, requirements or
ordinance, City shall notify District of same and District shall, within 60 days of notification, amend its
rules and regulations to conform.
B District hereby grants to City full and complete authority, concurrent with
District's own authority, to enforce within the Service Area, all of City's pretreatment program
requirements and Industrial User Permits. District shall, at the request of City, take all necessary
enforcement action against any industrial user who City determines has violated or is in violation of any
pretreatment program requirement, including, where appropriate, disconnection from the Blende
Interceptor and any collection system which conveys wastewater to City's treatment facilities City is
empowered to directly operate and enforce its pretreatment program within the Service Area, and may
(a) issue, suspend and revoke Industrial User Permits (IUP) for all industrial users, (b) take samples and
monitor District's collection system and all connections therewith, including compliance sampling and
monitoring of industrial users, (c) inspect all users operations, (d) take all enforcement actions directly
against industrial users which are allowed or contemplated by City's pretreatment program or otherwise
authorized by law, (e) impose civil penalties against violators, (f) impose compliance schedules for
industrial users to make operational and process modifications or construct appropriate pretreatment
facilities, (g) seek injunctive, declaratory and other judicial relief, (h) conduct industrial waste surveys
and require industrial users to furnish information in connection therewith, and (i) take any other action
reasonably necessary or required to enforce or comply with the requirements of federal, state or local
laws or regulations pertaining to the administration of pretreatment programs City shall keep District
advised of all pretreatment activities conducted within the Service Area and provide District with a copy
of all IUP's issued by City
C Within 30 days of execution of this Agreement, all industrial users within the
Service Area shall obtain an IUP from the City or be disconnected from any collection system
conveying wastewater to City's treatment facilities IUP's shall be in such form as the City's Wastewater
Director may require and shall
(I) state the name, address and telephone number of user and user's authorized
pretreatment contact person.
(II) contain a description of the authorized discharge and processes allowed to
discharge wastewater into District's collection system.
(III) state all pretreatment standards and requirements, including prohibited
discharge standards, applicable categorical standards, local limits, and monitoring and reporting
requirements
(IV) contain an expiration date before which application for renewal must be
submitted.
(V) contain a statement of enforcement remedies available to City including
specific performance, injunctive relief, civil and criminal penalties and service termination.
(VI) provide for compliance schedules, if deemed necessary or appropriate by
City
(VII) contain such other information and data as City may require
13 Prohibited Users and Wastes.
A. District shall not permit, allow or suffer any septic waste business, septic waste hauler
or sewer cleaning business to discharge any sludge, grease, septic waste or other material from any tank
or truck into any collection system conveying wastewater to City's treatment facilities.
B District shall not permit, allow or suffer any hazardous or radioactive waste to be
disposed of by discharge or disposal into any collection system conveying wastewater to City's
treatment facilities.
C District shall prohibit any clean water connections to any collection system conveying
wastewater to City's treatment facilities, including but not limited to, drainage lines, roof drains, storm
sewers or other sources of water not constituting domestic, commercial or industrial wastewater
14 Remedies for Violations.
A. Any violation of this Agreement by the District or any other District, user or party
acting by or through District, other than failure to pay the agreed charges as herein set forth shall, at
City's option, result in immediate termination of the District's privileges and rights hereunder without
notice and without recourse and may be cause for immediate disconnection of the Blende Interceptor
and District's system from the City's wastewater treatment facilities and system.
B City shall, at City's option, also have the right to compel specific performance by
District or any other District, user or party acting by or through District of any provision of this
Agreement. In the event either party to this Agreement shall consent, suffer or permit the doing by the
other party of any act or omission, the doing of which might alter, change or modify any of the
covenants or provisions of this Agreement, such consent, whether explicit or implied, shall not be
construed as a waiver of same or any of the covenants or provisions of this Agreement except for that
instance alone, and shall not be construed to and shall not authorize the parties, or either of them, to
make or engage in any further violation thereof.
C All remedies granted to City by this Agreement are cumulative and the exercise of
anyone or more of them shall not preclude or limit the exercise of anyone or more other remedies
15 Supersedes Prior Agreements. Except as provided herein for any transitional provisions,
this Agreement shall upon execution supersede and replace all prior agreements and understandings of
the parties whether oral or written.
16 Term. The Term of this Agreement shall be twenty (20) years commencing upon execution.
17 Assignment. District may not assign this Agreement or any of its rights or remedies
hereunder except with prior written consent of City Manager The extraterritorial service provided by
District to Salt Creek Sanitation District and to St. Charles Sanitation District as contemplated in
paragraph 2 of this Agreement, shall not be deemed an assignment of District's rights, remedies or
responsibility hereunder
18 Severability If any provision of this Agreement be held or deemed to be or shall, in fact, be
illegal, inoperative, or unenforceable, the same shall not affect any provision hereof or render the same
invalid, inoperative or unenforceable to any extent whatsoever
19 Revisions. If any effluent limit, condition, or other requirement in the discharge permit
issued to the City's wastewater treatment facility changes during the term of this agreement, the City
shall have the right, on thirty (30) days written notice to District, to modify this Agreement by
Addendum in a manner that assures continued compliance with the revised discharge permit.
20 Multiple Counterparts. This Agreement may be executed in two or more identical
counterparts, each of which shall deemed an original and all of which together shall constitute one and
the same instrument.
SIGNED AND EXECUTED effective as of the day and year first above written.
ATTEST. BLENDE SANITATION DISTRICT
z�
AAA -A
re'.ry
APPROVED AS TO FORM
• ttor ey for District
ATTEST PUEBLO, A MUNICIPAL CORPORATION
et) (.2&e-e--;
City C President of the City Council
APPROVED AS TO FORM.
1Zc'
City Attorn
EXHIBIT A
SERVICE AREA MAP
j i ti 1 11 :I
1 1
1 1103= , A rU RAL ISG:E Z I ® ® •. OO O
•a�
■
• //I =,. 1
e a
E 4•
■
■
ea i
ail 0 19 Min e
1 •
i 1
I Y1
d I `
O / J D E i I as ®■ • ® 6 a.v...— ._.—.. 1
1
I. ti
i 6 ROSELAWN
�. ` , CEMETERY
` ` L 1 _
, .
•
I. .__,....: . '11, MUM - ,
•
Ii D a
a ..
a a \ ■
a
4
t
a � 4--ie
■ 6
a `\_� •
I ■ assess a s
...1)k . .
ENGINEERING AND SURVEYING.
1 1 1 E. 8TH ST (719)544 -6523
PUEBLO
� N CO 511 „_ .:: `1 ((771 99))5 652
MD BLD4DG S4NITAR SEMI DISTRICT SERVICE AREA
RW 8402000IXN— SS.dw•
scum 1' = 1200' DRAWN 9Y: MLC
DATE: CLTT s
DATE: 10 -19 -10 CHECKED BY: VMS SHEET NO: 1 OF 1
EXHIBIT B
NAMES AND SERVICE ADDRESSES