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HomeMy WebLinkAboutbocc.con.078.1974CONTRACT AGREEMENT THIS AGREEMENT made and entered into this _~_ day of 1~_6~%1~1~,,~.__ , 1974, by and between the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO (hereinafter referred to as "County"), and the ASPEN SANITATION DISTRICT, a quasi- municipal corporation, and ASPEN METROPOLITAN SANITATION DISTRICT, a quasi-municipal corporation, (hereinafter referred to as "Districts"). WHEREAS, the County is desirous of locating a pretreat- ment septic tank waste disposal facility at the ASPEN METROPOLITAN SANITATION DISTRICT and ASPEN SANITATION DISTRICT joint plant site to serve the rural areas of Pitkin County and the septic systems located within the ASPEN SANITATION DISTRICT and ASPEN METROPOLITAN SANITATION DISTRICT, which facility would become an integral part of the regional waste-water management system. AND WHEREAS, the ASPEN SANITATION DISTRICT and ASPEN METROPOLITAN SANITATION DISTRICT jointly own the sanitation plant and site located on the Roaring Fork River west of the mouth of Maroon Creek, which plant is operated by the ASPEN SANITATION DISTRICT under Agreement between said Districts. AND WHEREAS, the parties hereto desire to enter into an agreement to provide for the construction, payments, use and maintenance and operation of said system. NOW, THEREFORE, for good and valuable consideration, the parties hereto agree as follows: 1. The County shall construct a pretreatment septic tank disposal facility for use by the Districts subject to the terms and conditions herein. 2. County agrees that it shall pay all design, engineer- ing, construction, construction supervision, and capital costs relating to the construction of the septic tank sludge disposal facilities to be located on the site of the existing AMSD-ASD joint plant site. Ail state and federal grants received for this project, obtained through either the County or the Districts shall be paid or reimbursed to the County. 3. The County shall provide for the use by the Districts and emergency facility at the City-County sanitary land fill property to be used only when the septic tank waste disposal facility is non-operational or when the sewer plant cannot property receive and treat the septic wastes. 4. All design-engineering plans, site location, and supervision of construction of the septic waste facilities shall be subject to the approval of the Districts, which approval shall not be arbitrarily withheld. 5. The parties hereto separately and cooperatively shall apply for all available state and federal grants applicable to this project for the purpose of obtaining eighty -(80%) percent funding. In the event such funding is not obtained the County reserves the option to terminate this Agreement or continue with the project; provided, however, that such termination shall not affect the County's approval of the W/J Ranch property for a solid waste sludge disposal site. 6. The Districts shall operate and perform normal mainten- ance of the septic tank waste disposal facility and shall adopt regulations regarding quality of wastes which may be dumped and the dumping procedures. The Districts shall have the right to temporarily suspend acceptance of septic tank wastes if sufficient digestor capacity is unavailable or if sludge disposal facilities are unavailable for use by the District. 7. The District shall be responsible for the licensing of all septic tank waste haulers under an agreement sub- stantially similar to the sample permit attached hereto as Exhibit "A", and further, shall maintain records of all septic tank systems pumped and delivered to the pretreatment septic tank water facility. -2- 8. In the event additional capital improvements or re- placement of the septic tank waste disposal facility is necessary, or required, the County shall be responsible and shall pay for said improvements. 9. It shall be the responsibility and duty of the Districts to set and charge fees according to the formula (but not necessarily the actual sums thereof) developed by Wright-McLaughlin's study entitled Septic Tank Disposal Facility for Pitkin County, as shown on Exhibit B hereto, for the use of the septic tank waste disposal facilities which fees shall be based on actual costs using the following components: Administration and handling labor costs, sludge stabilization, sludge disposal, amortization of a pro-rata share of the sanitation plant, and amortization of the actual capital cost of the pretreatment septic tank waste disposal facility paid by the County. The Districts shall amortize the County's actual capital cost of the facility over a period of ten (10) years and shall return to the County, in quarterly installments, the monies collected from the septic tank haulers which have been allocated toward the County's capital costs. 10. This Agreement is conditioned upon the District obtaining County approval of a solid waste sludge disposal site located on a parcel of property within the W/J Ranch, or other mutually suitable property. APPROVED AND ACCEPTED: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY Joseph ~.~EdX~af~ Jr. .,Chairm~n ? ASPEN SANITATION DISTRICT ASPEN METROPOLITAN SANITATION DISTRICT ii.I ~ ASPEN METROPOLITAN SANITATION DISTRICT RESOLUTION WHEREAS, the ASPEN SANITATION DISTRICT and the ASPEN METROPOLITAN SANITATION DISTRICT, quasi-municipal corporations of Pitkin County, Colorado, have submitted an application for special review to the Board of County Commissioners of the County of Pitkin for a Sludge Disposal Site Certification on a parcel of property designated as a solid waste disposal site and facility pursuant to Section 36-23-5 C.R.S. 1963, as amended. AND WHEREAS, the Board of County Commissioners for Pitkin County, Colorado, has adopted a Sludge Disposal Site Certification by its' Resolution No. 74-95 dated November 18, 1974. NOW, THEREFORE, BE IT RESOLVED by the ASPEN METROPOLITAN SANITATION DISTRICT that the Sludge Disposal Site Certification granted by the Board of County Commissioners of Pitkin County, Colorado, by its' Resolution No. 74-95 and the terms therein, be and hereby is approved and accepted by this District. Dated this /~, day of ~~k~__, 1974. ASPEN METROPOLITAN SANITATION DISTRICT ATTEST: By: Vice Chairman Secretaf~ ',~Z~ -- '