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Home My WebLink About1959-05-06 EWSB MINUTESENGLEWOOD WAiER AND SEWER BOARD MEETING ... MAY 6,, 19$9 The meeting was called to order by Chairman Frantz at 8:05 Po M. Members Present: Members Absent: other Officials Presents Brownewell" Frantz, Kreiling 8 Robohm 9 Scott McCabe, Purcell Utilities Director Babcock, Special Counsel Shivers Mayor Carroll C. Elkins of the City ot Sheridan_, along with three members at the Board of Sheridan Sanitation District Noo 21 appeared to discues some of the various problems involved in draw:tng the draft ot a connector's agreement between the City of Englewood and sa.td district for Englewood sewage disposal serviceo The following letter was presented and read: Mro Joe Lacy Acting City Manager City of Englewocxl, Colorado Dear Mr. Lacy,. "April 91 19.59 On February 201 1959,, our Board authorized Mr .~ Scherz,nerhorn_, attorney for the district, to start negotiations for a connector's agreement between Sheridan Sanitation District #2 and the City ot Englewood for sewage treatment service~ At our regular meeting April 7, 19.59,, no contract was submittedo Mr• Schermerhorn told Mro Lakin by phone on April 71 that the contract was not ready. At this meeting the Board recommended that the Secretary of the District write a letter to Englewood outJ.in.'lng our understanding to date as to the basis of th~ proposed contract along with several questions for clarificationo Our Board was to have met with Englewood Sewer and Water Board last Wednesday, April 1 1 but the meeting was cancelled --I understand by &lglewoodp We desire the contract to be based on the followings: l. That we will deliver the sewage to your plant thru our own trunk line to be routed and constru~ted in accordance with the original proposal as sulP mitted to you by the Sheridan City Council late in 1957 at the time Dale Rea made the original sewer survey for the City of Sheridan, and ffhieh proposal~ we are told, was approved by the Englewood City Councilo. 2o Our Board has accepted your alternnte Ill proposal for negotiation based on the rate of $12$ ~00 per million gallons influent metered and delivered to Englewood plant for a period or nine ( 9) ;years as proposed by Englewood in · Mr.. Rudd's letter or Januacy 20, 19.590. 3.o That we feel 1200 taps should be the basis tar present and future needs of the Distriet o The following are questions we would like clarification on: lo Will we be obligated to do any relief sewer wo1•k within the Englewood City limitso 2. May we install the master meter at the pump stationo 3o Will the City ot Englewood allow District #2 to disconnect Sheridan Sanitation Disto f/l from the Valley Devel~nt line and run it thru our system and our master metero A1so if the above is allowed will Englewood give us a reduced rate on the estimate sewage at District #l because the tap charge has been paid and they have a guaranteed rate of $12000 per year on theee 165 tapso Thia will release 165 taps back to you on the Valley Developnent trunk llneo 4. Will canmercial and irxlustrial infiuent be charged thru the master meter at the same rate as residential sewage ,Q 5 o May we reseJ:"Vl! the right to set our own sewer charge to our customers(! 6.o Are we limited by Englewooi in that our sewer service boundary to the district be restricted to the incorporated l~ts of the City or Sheridan 9 7o Will you accept our sewage at a $SOo.OO tap charge and an annual rate instead of a master meter rateo We know other questions will arise before the contract is finalized but these are a few questions on which there is divided opinion among our board members~ Yours truly, /S/ Gail B. Sha= ·Secretary., eridan Santtat!on District Noo 2 GS/jh1t Discussion waa held by all present on the respective questions, as set out in the above letter, with conclusions reached generally, as toll0t1s: l~ It was felt by the Englewood Board that if' any taps ~re required on the proposed sewer line frOill the boundary of the district to the disposal planti> the City or Englewood would be obligated to pay the additional expense for additional. size in the line deemed necessary to serve such taps within the City of E."lglewoocl~ 2!t, It was felt that the Jla~ter meter could ~ installed at the pump stationo 3~ It was explained that the Sheridan Sanitation District Noo 1 is a part of the Valley Sanitation Distl.11.ct sewer systeni with ce:M;ain agreements in existence between said districts_, which, of courseZ! would need to be disolved be:f ore the City of Englewood could agree to serve Sheridan Sanitation District No. 1 through the proposed Sheridan Sanitation pistrict No~ 2 systemJ however, it was felt that if such an arrangement could be worked out to the satist1tctian of all concerned, the City of Englewood would probably be agreeable to receiving the Sheridan Sanitation District No. l sewage through the Sheridan Sanitation District Noo 2 system It was further felt by the Board, that since the schedule of metered sewage disposal rates far Sheridan Sanitation District Noo 2 had been worked out to .. . 5o It wn i. .l.t by tllv Eng1. r. od B~:r ·. t? at., a~.nce "~he -'· ln"ougll the reas-to;;-rf et. s ·' th ~ Cit.3 o. Engl 0 cod ~re~. i; 1··ou.ld not, a .~t ...,!' into th n ·i;· er o.f.' the Sherldru.1 ind.i· d11·'l ccouni:.. ...'.~·~~ a ct by Sher:i.<.k San.i. ta·:.ion Dist:cic·(. Moo 2 o 60 It was felt, ~"ha'l:. ·'ilie bom:ida~-y for y propoo"'?.' a diti l arc .s 01 ·~ .. id .be City of Sheridan Hould have to be qnite clea~1 y d ... fined in ""h~ c .ntract~ be.for ·the City of Engl")wood cvr;ld consider 2llc;.-ili-u s rv:~c · to w"1.Y area outf.lide the corpo:i:-ate lir!>it ... of t .~ City of S ie:dd· uo 7 o It \as pointed ouv tr ... -'c. th., tcp ch.,'1rec has baa'"l offer·. on a $50o00 par tap ~siso It ~·~MJ also discus .... ed -nd pointed out that c::.he schedule of rates of.'.fcr€· were computed on ths asauurption tb.o.t he sew.: ge would b-.. delivered tm~ougb a master met.er with no '"'dditional costs included for clerical,, inspec l ian ru.:.d su:rvey work rhich "•oultl bo i1oceasary, by ·!;he City of Englm1c1od, :J.f mm •:ii. individtWl rat'9 were conaS.dc:;.""ado Mro Shi'v-er..,) Sp ehl Counsel,. adv;i:ied the Boar t,nat he had draw a rough drar ~ of a Connect.or'· /l gre ment r..nc'l had furnished copies of so.ma to the Sheridt'-l"l Sanitation Distl'ict No. 2 Board, whic11 draft incl1.1d3d most po:!.nt.:> UGed in other City or E~':lglewood Co;:mector • 3 Ae cements; h;omwer, Hr~ Shi ?er pointed et t :rn.rthe ,. t 'mt. the d.rci.f·t r· in·l:.ended ~rely as an imrcl'Um.ant to b...,gin n.~gotiat~.ona with and that naturally ·'·hcz would bo numsrou: addi~i;:tonal points or deletiona upon wJ:1ich the Cit.y of Englewood a.ud Sherid~'l San 1:.ai:.:i .. on Diat,r:A.ct No~ 2 . 1utri:. nn1tua .ly ag:a."e?a. SinC0 11r. ShiV0.!..3 and lfr.o Sche:r:;nerhorr: CJ:t.to1~ney for th.., Shsridan SBititat.ion Diat.rict. Moo 2 hs.v .iot ., ti worked ~ a draft .. fo1. an agreemant togethe:;., it as :mgg3st.ed that this should c dona '1"ith aaid draft being oi'fe-~e· f.or fur\iher con"iders.tion at a joint. meeting of both Boe:rda ror further st,1dyt> The embers or tho Boo.rd of Sheridan Sarrl.ta'!.i~11 Distr:tct No. 2 we!"G asl~ed i:f thei,.. questi i1a u re answered satisfe.c:tor:Ley-, and 1.f Jlihere ·ere :my 1.'\!rthor quest.ions t this tim.., ~ Thei+a npp.'lrmtUy beipg no fu:rth._.r ques·~ia f':! 1 ·i;.he '" 1'bers of th3 Board fro:x;l Shel"i.dM dep"':t:'ted without co · 'ent. as to vheir aacision~ The follmdng lette_ s • rala.tiire to a.'!'lne:r.at:ton at coi"i:.a.in properly 'to both the Valley Water Distiict ond the Valle;r Sanitation District~ were r.ecaived and read: Cla.z-ence L" Bartholic Attorney and Counselor at Lsw DenVOJ;,, c.olorado April 29,, 1959 Mr.; t~ Do Clarida, Littleton, Color do and The Valley Dcvelopm:ant Ccmpa.ny, 1824 Lin~oln Street,, Denvei-, Colorado Gentl.emmu This w"J.ll aclo;lowladge receipt or your request for 34 uater taps for the follmd.ng...,deacribed property,, to~-7"~: Lots l to 25 inclusive" Block 48~ and Lots l to 9 1nclusive0 Block 49g Cen~..:iAl Acres Eighth FilL-,g, Arapahoe County 9 Colo:radoo Subject to the approval of the City of Englewood and the .. Li. ... annexation of the above-described property to the Valley Water Districtt I believe it would be possible to connect the above-descTibed property to the facilities of. the Valley Water District and allou additional taps to be made to the extent of approximately 34 tapso Any charges made by the City of Englewood for tap fees or in· spection fees would have to be paid for by you, and yoa would also have to pay approximately $5000 per tap for a permit i'ce to the Valley Water Distri l:.o Insofar a the taps to be purchased by Mr. Lo Do Clarida, arrangements have been made with the Villoy Development Cmpany to tako care of these tapso CLB:ritt The City of Englewood Englewocd, Colorado · Yours ve.-ry truly, /S/ Clarence Lo Bartholic,. Attorney for the Valley Water Dirtrict # "Clarence L. Bartholic At.torney and Counselor at Law Denver, Col.orado Attention: Messrso Rudd and Babcoc~ .. · . ' Gentlemen: Hereh"ith enclosed please find a copy of a letter which I have just addressed to.Lo Do Clarida and the Valley Devel.opment CCDJl9.?lY 1n connection with the application for water t _aps to be made to the Valley Water facilities and serviced b:y the City of Englewood~ Subject to the approval of the City of Englewood as to the connection and. ~:ation or the property to the Valley Water .. District," it is the desire of the Valley t·Jater District that such property be added to the District ar.d the· facilities of the District ext~ded to cover the prop- erty on the tems and conditions apecif1ed in the lett.er~ · Would you be kind enough to advise us 1£ the connection is feasible and it it is agreeable with the City of Englewoodo enc" CLB:ri" Mr. L. Do Clarida, L1ttleton0 Colorado and V'.!ry trttl:Y y~s, /S/ Clarence Lo ~holic . . . /) "Clarence Lo Bai-tholic Attol"lle7 and Counselor at Law Denver, Colorado April 29 ~ 1959 The Valley Developnent Canpany 1824 Lincoln Street, Denver, Colorado Gentlemen: This will aclmowledge receipt of your request for 34 sewer taps for the following-described property, to-ldtt Lots l to 25 inclusive, Block 48 , and Lots l to 9 inclusive9 Block 49D Centennial Acres Eighth Filing~ Arapahoe County, Coloradoo Subject to the approval of the City of Englewood and the annexation of the abovea-described property to the Valley Sanitation District, I believe it would be possible to connect the above-described property to the facilities of the Valley Sanitation District and allw additional taps to be made to the extent of approximately 34 tapso Any charges made by the City of Englewood for tap fees or in• spection f eea would have to be paid for by you, and you would also have to pay approximately $5000 per tap for a permit fee to the Valley Sani- tation Districto Insofar as the taps to be purchased by Mro Lo Do Clarida, arrangementa have been made with the Valley Development Cmpany to take care of these tapso CLB;ri" Yours very truly, /s/ Clarence Lo Bartholic, Attorney for the Valley Sanitation District # "Clarence L~ Bartholic Attorney and Counselor at Law Denver, i::olorado March JO, 1959 The City of Englewood, Englewood, Colorado~ Attention: Messrso Rudd and Babcock . . GentJ.emen: Herewith enclosed please find a copy of a letter which I have just addressed to L •. Do Clarida and the Valley Developnent Can.pany in con- nection with the application for sewer taps to be made to the Valley Sanitation facilities and serviced by the City of Englewood. Subject to the approval of the City at Englewood as to the connection am annexation of the property to the Valley Sanitation District, it is the desire of the Valley Sanitation District that such property be added to the District and the f'acilities or the District extended to cover the property on tha tems am conditions specified 1n the lettero Would you be 1dnl enough to advise us it the connection is feasible and if it is agreeable with the City or Englewoodo enco CLBtrin Kindest regards, Very truly yqurs, /S/ Clarence L41 !:!u-tholic After some discussion relative to the proposed annexa:t.icn o.f the area and clar .. d.ication of the location cm the map, Scott ma-100 1 Robohm: seconded , That the Water and Sewer Boa.rd recommand to City Council that the lands, as described ir1 the letters just road, under dates of March 30th and April 29th, 1959, fr .. Mr. Clarence Lo Bartholic, representing ·the Va.lle;r Wate::- District.. and the Valley Sanita:t.ion Distr: ct, b allw~ to annex to those re spec ti ve dis'l:.ricts, lr.f supplerri-ental agreements, with no additional tapa beiIJg all ed be-~ond thosa nCM authorized .for the districto · Aye : Browne rell, Frantz, Kreil:ing 8 Robohm , Scott Nays: None Absents McCabe, Purcell -... - A proposal for an Amendment to Ordinance No. 15, Series of 1956 (Water Department Rules and Regulations Ordinance) wa.s presented by Mr. Babcock, Utilities Director., Mr. Babcock pointed out that certain necessa.cy words which had been a part or the model ordinance were inadvertently, or through clerical error, ommited f'rcn the original Englewood ordinanceo The proposal was to amend Paragraph 35, Sub ... soction A, Section l, Ordinance Moo 15 , Series or 1956 (Rules and Regulations Governing Operations and Maintef'..a.nce of the Englewood WQteX' Department), to include the trords underlined belw, as .follms: "WATER SUPPLIED FROM OTHER SOURCES: No vater service or connection will be granted to serve premises supplied with t-rater frO!ll a:n.y other source than the mains o.f the City, provided, hwever, that. if the cnmer af the premisee so supplied .fran a source other than the mains o.f the City shall enter into an agreement, binding on himself' and the successive <mner or owners or pre::zr..iaes to be supplied, whereby such ooner agreee not to make or permit any cross cor.nection between the lmter supply system or the City and any ot..ller suwly ar system for or upon such property, and shall either pay the scheduled flat rate for such premises without aeauction Yor anoenefit derived !rem an outside source Of suppl or sfuill st a .me er or euc. premises er _ e es an reg t1ons of the Water Department and pay for water at the scheduled meter rates, a service or connection sh!1ll be granted to such premises under ' the rules and regulations of the Water Department.0 In the discussion, it was brought out that many of the m:::Lsting residences in the Scenic View area where City water is rnpidly becoming ~vailable, as well as sane other areas, also have private wells on the premises tt The well 'agreement 1 ref erred to in the Ordinance provision, should Provide for .the alternative set out in the amendment, relative to rates" and therefore the Ordinance should be amanded as soon as possible to legalize"the prorlsia.a,a ' · · · . . . . ' RobOhm mo~d. Kreiling, seconded, That the Water and Sewer Board recommend to Ci~y Council 1;hat Ordin~e No .• 15, Series ~ 19$6, be amended to comply with the proposal as set out above4 . . . .. . .. Ayesa Brotmewll, Frantz, Kreiling, Robohm, Scott Nays 1 None · · Abaent1 McCabe~ Purcell --- The following letter from Mro Mo Oo S~vers, Jro was received and read: c.. ·.• • . • • . • .. • • ..... • -7 - LEE, SHIVERS & BANTA Attorn0ys At, Law Englewood, Colorado April 7, 19S9 Englewood Water arxi Sawer Advisol'Y' Board and Honorable City Council of the City of Engle~ood. Englewood, Colorado Gentle.mens For a long period of t:l.me., under a City Ordina.i:ce, the undersig-aed acted as Advisor to tbs Water and Sewer Board. He s designated as Special Watsr Counsel and served without c pensation, excep~ p ym nt for work either 1n Court or of a nature other than routine. Just prior to January 1 1 1959, the Council, of its m;u motion, courteously detennined to pay a retainer of $100.00 per month to the Advisor of the ter and Set.fer Board for routine serviceoo This continued until the proviaionB of the City Charter relative to the Board uerc activated and the appointment of an attorney for the Board under the Charter came up for considerationo Than quite recently the undersigned received copy at the Minutes or the Meeting of the City Council ' of the City oi Englewood held on March 16 , l9,9o Emmnation or these Minutes disclosed that at this meetin.g the City Council appoint d the undersigned · as Special Cou.1sel to act with the Water and Sewer Boardo That appQintment 1'1aS raade in the following l;anguage, to•uwitt "The City Manager informed the Council that this appointment is purauarrt. to the Charter and that Mr<\ Shivers is in reality a member oi the City Atto~ey•s Start~ COllllci~ Braun moved, Council;.man McClellan seconded, that Mro, M, O~ Shivers, Jr.-.-. be appointed Spacial Coµnsel on th Staff of the City Attorney, for the purposes of acting in matters relating to water and sewer on b~hal.f of the Water and Sever Board~ **"»li-" 'l'he lnnguage used in the making of ttus appo~ment., caused t undersigned to ke a r.e14ev and etudy of the appliqa~le prov1si~D Of the City Chart r. As a resu;J.t of that study, it. i:J believed that the terms of the Charter, as et forth in A!'ticle IX, Part l, Sact:ton 67,, indic~tes s. doubt 11s to whether or not a person may be appointed as a ~'Special Co'linse'l" ·on a long term basis o This, becaua the Charter states that the Council might .appQiI>:t. "Special Couna01" in "special caseso" The riio5t likely interpretation of t~: w°'"'d be, that an outside attorney migh~· be appointed as a "Special Counsel" to assist the City Attorney in ~rticular individual situation or ~as~o Regardless of the meaning of .the language of the Secti~ of the Charter and tha interpretation thereof' by ~e cements of tba C1t;y-Manager, the under .. signed regrets ·t.hat he cannot accept employment ·under t.he language used in t.he Motion ma1ci.:oe S11ch appotiitment~ for the rea.~ons hereinafter set fortho The wording of the appointment places the ~ersigned upon the Start' of th City Attorney as a member th~reot .~ Ne member of the City Attorney• s Sta.ff may appear for private clients before ~Y of the agencies of the City, nor may tJllY miember at that Start participate in any litig tio~ 1n which tho City is or ms:y- be an adverse ~7~ Likewise,, -per ons associated with a member of the City Attorney's Sta.ff in the practic1=\ at law,. are subject to the same limitation and restriction. Acceptance of the appointment therefor, would place an umrarranted restriction not only upon the undersigned,, but also upon both his parthors o For this rea:son .. and this reason ·an.1.:y, the appointment made on March 16, 19~9i respect.fully declimdo · Should the City or Englewood decide to utilize the services ot the undersigned I · ... B .... 111 water and sewer matters, a s in the past, it is respectfully suggest~d that he be retained as a "Consulta.."lt", in the sama manner aa t-rould be an Eng:l.nee x• of Acc ount .... and, upon the sarna retainer of $100000 po:t: month. This sum would include his at-t.endanee am consulting services at Water and Sower Board mectinge and oth~ minor items which custon-.arily, he ha.a handled in the past ·within the retainer paid him. Should water or sewer litigation arise, or be required then if the City Coun ... oil should so desire, or if the City Attorney shot.ild so desire, the undersigned could ba appointed a nspecial Counsel" for that specli'ic car;a,, to serve under t he direction of the City At·torney in accordance l'rlth the Cha.rtero This proposal would actually maintain the situation in the same sta>·us as it now is 9 with the undersigned performing all the services which he is n~; per"" forl1ll.ngc. He wollld be doing so, however, in the capacity of a Consultant and in the event of Court work or dut.ies not included within the retai11er , he would be paid on a time basis for such work in the same manner as in the past o The change is only ons of terminology to avoid a situation, which unfortur.atel7 cannot be accepted by the undersigned and his associates o This matter hae been discussed ~rl.th the City Attorney, and he has indicated no objection to the suggest= ed msthod of proceedingo Very truly yours, /S/ M. Oo Shivers, Jro MOS:s 11 Mayor Scott advised the Board that City Council was now a'1imr8 Qf'. this situation and that clarification of. same would be lit.ade by Council without fur"'i.her action being necessary by the Water and Sewer Boa.rdo Water and Sewer Board City o.f Englewood City Hall Englewood, Colorado Gentlemenc --- LEE, SHIVERS & BANTA Attornays At Law Englewood, Colorado . April 20, 19S9 At the time the undersigned rendered his opinion concerning the use of Water Department property in the vicinity of Belleview for parka am recreation purposes he had not had time to check into the Ordinances of the City of Englewooo relative to the Water Department and the Bonding Ordi.nanceo In ·view of some ot the questions which have arisen since the opinion was given to the Water and Sewer Board and its recommendation was forwarded to Council, it is felt that some af the pertinent provisions of existing 01"dinances should be called to your attentiono Section 14, Ordinance No. 18, Serles of 1948, states that: "The City cOTellants that it will not alienate said system or any part thereof, or any of the e:xtensions or.betterments thereof or additions thereto" in such manner or to such extent as might preju.dice the security for the payment of said bonds, but the City may sell an:1 portion of said system w property which shall have been replaced by' other property oa at least equal value or which shall cease to be neCCSSal'l" for the efficient operation of ea.id system; provided, however, that in the event ot any sale as aforesaid, the consideration shall be paid into said Water Bon Fund,, to be used tor the purposes of said fundo*~" I · This provision is still in force and effect a.:1d must or nocossity !'eria:ln in force ~nd effec·c, as is st.ate~ in Sect:t.<m 16 of t.he snma 0.cclif..an.ce. llThe provisions at this Ordinance sl:mll conrri;itute an irre·..ro -·ble contract bett.'"Cell ·t.he City of Englcuood and the holder or holder.•s of the bor.ds issued hereunder,, and after ·the issuruice of any of the bonds hereby authorized, no cher1ge variation or alteration of any ld.nd. in ·the provisions of this Ordinance shall be made in any mmmer until such time o.s all of the bonds issued here.under d the interest. accruing thereon shall h3.ve ooen paid in full~ ex ept. that. th· City may from time to ado. \. Ordina.11ees supplementary hereto, dealing with the t n gorr. nt and opel ation of the systC!i1, provided, however, thot the pro ri.s1ona l&..,1•· o..f ah.all not be so al:tcred or changed as to affect ad11o:ru~J.y ·r-he secur. ty hero by pledged to the pay.msnt of the bends her.· , by n thor '..zed to be issued." It is therefore apparont that when this lr-..nd :i.a a p.-'lr-°Go o:i.' the sccUJ.""1.ty for the bondholders it cannot be alienated except for a price, the e.mount. of which must be paid into the Water Bond Fund. Tho te1'1lls of the Ordinances are in e..--:.act accordance wlth the opir.ion heret.of.oro given by the undersigneclQ MOS:s 11 Robobm moved., Very truly yours» /s/ M, o. Shivers, Jr. Drmme~mll~ seconded, That the lotter, just read, be received by the Water and Sewer Boardo Ayes: Bl. .. mmevell, Frantz, Kreiling, Roboh.rn 1 Scott !fays: None Absents McCabe,, Purcell --- A short discussion wa.s held relat.ive to a pending Bill in Congress, :relatiw to grants to Cities for stream pollution control that should be supported, which matte had en ref erred to tho Wa·ter and Sewer Boa.rd for recommending actiono ;It was explained by Maymo Scott and Mr1;1 Shivers that,, aince tl;le Water and Setfcr Board meeting in April was cancel.1ed1 it became necesaa.."7 ·l;o Il'.alCe the proper contacts without oi'.ficial Water and Seuer Beard action and this vma done u:5.th the assista11ee of Mr. Shivers~ Special Counsel'!I Mro Babcock led a discuss:ton relative to policy tovard prospective developers out. ide a water district that propose to develop a water system of their ow f'ram artesirul lfells, and apply to becane annexed to a. district i.mmediatelyo They would offer to turn the system over to the district to operate from well.s until such time as the City could supply water and then abamon the wellso The Board, along with Mr. Shivers, Special Counsel, agreed that the City would not. be :interested in any such proposalo --... A discussion Wrl.S held relative to policy toward prospective developers who otter to trade water rights 1n the Platte River for the privilege or annexing to an established water district,; served by Englewood, on an equiwlent water for 'kilter basiso It was a.greed~ by the Board, that the City might be interested and give consideration to such a. proposal~ provided, the water rights co~d ~e purchased through the Tri-City T:rust at a price not to exceed $lOtJOOO per cfs end the rights~ of course, would have to bs usable o I · ... 10 ... A short discussion was held on the feasibility of supplying water and seuer service to the land recently acquired by private interests from Fort Logan (south side)o There was no action taken on the ·Jl'.a.ttero · --- Mro Shivers, Special Counsel_, advised the Board that he had just received a requeu" !rom the City of Littleton for the City of Engle.Jood to join than in an injunction suit against Benjamin O'Brien to restrain him from further interfering with the use of the Brown D:ltch, and desired to file with the Court on May 7, 19S9e After sane discussion, Robohm moved,, Kreiling1 seconded, That the Water and Sewer Board recommend to City Council that the City of Englewood join with the City of Littleton 1n tiling an injunction suit against Berljami.n 0 2Bx-1en to res·l:.rain him from further interfering with tha use .of the Brown Ditch.,, with Mr, M •. o. Shivers, Jr,. being re·tained as "Special Counsel" in this case and; that the Recording Secretary be instructed to pol.;J. all members o.f City Council, who were not present at the Water and Sewer Board meeting, as to whether this action should be tak~ or not_, all to be ratified at the next meeting of the City Council. Ayes: Brmmawell, Frantz, Kreiling, Robohm, Scott Nays: None Absent: McCabe, Purce:P. {Sec~ Note: All member::s af City Council, except Mr., Woods who was not available, were contacted by telephon~ in the morning of May 7, 1959, with all indicating they felt th.at the action should be takeno This inf'ornm.tion was given, by telephone, to the office of Mr. M. O~ Shiver$, Jr!!-• Special Cc:n1nsel, at apprOJdmtely lO:OO Ao M., May 7, 19590) ... -- Mro Shivers, Special Counsel, reported that ill test holes at a proposed reservoir site have been drilled and that soil tests are currently being w.adeo --- The Board as asked, by Mr. Babcock, to verify the interpretation of the phase of the fla.t rate schedule relating to charges to be made for irrigation watero The Board unanimously agreed that either the full frontage of a particular site or the total square root.age within said site should be charge~ for irrigaticm water regardless 0£ the amount or irrigation clairaed used by the owner or occupant, lfith the alternative, for those who claim they do not. use irrigation water» being the privilege of i.Mtall.ing a water meter and paying for water used on the meter rateso --- The subject of the Colorado Central PoWl"' Cam·any wells, which are used by the City o.f' Englewood, was discussed brie£17. Mr. Babcock pointed out that, due to the short term agreement, now in effect regarding these wells, betveen the Power Company am the Citys further negotiationo should be had tor continued future use o.t the wells and rights or way before the City wonld be justified in spending money for the proposed booster station and "summer-time" filter plantl> --- There being no further business to cane before the Englewood Water and Sewer Board, the eting was adjourned a.t lli5S Po Mo l Approved __________________ __ I Date: Subject: Recommendation: MEMORANDUM TO THE ENGLEUOOD CITY COUNCIL RIDJARDING ACTIOM OR RECOMMENDATIOU OF THE ENGLEWOOD WATER AND SJD:JER BOARD May 6, 1959 Air.andmant to Ordinance No. l!),, Series of l.956 (Rules .and Regula.tiOl'..s Govel."1ling Operat· Ol"..s and I1a.intena.nce of the Englewood Water Dcpat'"anent,) T t Paragraph .35 1 Sub ... scetion A, Section l., Ordinance No. 1$,, Series of 1.9.$6, b0 aJ11..eruied ·to include .·C.he worda underl:l..ri..ed belo:r, as folloas: "WATER SUPPLIED FROM Ol'HER SOURCES: No wa .. ;;er service or conncctio4 will be granted to serve pren::l.scs supplied u:l h wat.or from any othel" source than tho mains CJf ·the Cit~·11 provided,, hOfrever, that if ·the owner of the praiP.iBes ao supplied from a source other than the mains of the City,, .shall enter into an agreement, binding on hirnaelf and the successiva owner or owners or premises to be supplied; ·1hereoy such owner agrees not ·i;.o make C1I." permit any cross connection betWOOl"l. ·the w-ater supply system of the City and any other supply or ~tau for 01• upon such pi operty, and shall either ~z.~e ..,!2,he~~t?d flat rs:C.e for such premises ;without dedi.:ctiOX: far any benefit dari"".red from any outside source of supply, m:-slw.11 install a. meter far such premises under the rules and regulations or the Water Department run pay tor water at the scheduled mster ratea1 a se~vi~e or connection shall be granted to such PI'eiidse under the rules and regulations of the Water Dapa.rtmentott Respectfully Submitted, ENGLEWOOD WATER AND SEWER BOARD ,/ . Subject: Recaumendationz MEMORANDUM TO THE ENGLE.WOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD May 6., 1959 Annexation of Additional Area to Both Valley Water District and Valley-Sanitation Districto That the following described lands be allowed to annex to the Vallq Water District and the Valley ·Sanitation District, by supplemental agreements, with no additional sewer tapa beyond t.hoee presently authorised being al.lONeda Lots 1 to 25 inclusive, Block 48, and Lots l to 9 inclusive, Block 49 1 Centennial Acres Eight Filing, Arapahoe County, Coloradoo Respectfully submitted11 ,, .. MEMOF.ANDUM TO THE ErWI.EWOOD CITY COUNCIL RF.GARDING ACTION OR RECOliMENDA'i'ION Oft' THE ENGLEl'/OOD HATER AND SE\-JER BOARD D te: May 68 1959 Subject: Inj ction Suit Against Benjamin O'Brien brought by the City of Engle;.rood. and the City of Littleton. Recommendation: That City Council ratify uthori tion for the City of Englewood joL"'ling the City or Littleton in filing an injunction suit against Benjamin O'Brien to restrain him from further inter! ing with the use of the BrO'Wll Ditch with Mro M Oo Shive , Jre, being r ta.ined as "Special Counsel" in this caseo. (Secretary's Notes All members of Cit,y Council, except Yiro Wood • who was not vailable, were contacted by telephone in the morning or May 7, 1959, with all indicating they felt that the above C'~1 ... on should be ta.keno Thi poll was en for the reason that the City of Littleton deail1 ea to file with thG Court on May 7, 1959 o) Res pect.fully submitted, ENGLEWO OD W~TER AND SEWER _J OARD By: Robert. F o Frantz J;f::/ ChilimEiii --zr