HomeMy WebLinkAbout1959-03-04 EWSB MINUTES.J
EUGIF.::oro \'IAT.ffi A!ID SEi'IBR BOARD llEETilIG -l.tMCH 4, 19)9
.. '
The maoting was called to order by Chairman Frantz at 0·10 P. u.
mber Pras nt:
!eraber A nt:
ot. r Off'icials
Pre ent:
Br newell1 Frantz, McCabe, Scott
Kreiling 1 Purcell, Robohm
U 1lit1 s Dir ctor Babcock, Special Counsal &aivers
... -
A shcrt discussion a held relative to action the 'later am Sewor Boord, under date
of September 31 19.SB, herein r ommend.ation as nnde to Cit:r Council that the C cy-of
Englewood becoroo a nr.>l"~n nt sustaining member oft, Colcrado ater Congress t n
estimated membership r or ~250.00 annualJ.y, subject ro change, baaed on population
changeo
Mr. Babcock, Utilities Di...rector, was asked to deterndrie City Council's aoti.on on
this matter and to determim whether payrrant has been made and if not, to arrange
for sane, if in ordero
Tm City Council, af tra City of Englewood, havizU nade an ofter to th:l City of Sheridan
(Sheridan Srudtation District Moo 2) far the treatr.ent of the:ir i•aw s age delivered to
the Englewood se\10.{te traa~nt plant (See \'later ard Sewer Board minutes o.f January 71 1958), considered further sane or the hie}llights of tre req~st by Sheridan a.rd ar th3
of!or made,, at tba regular Council session on Uarch 2, 1959 am referred ~ whole z:atter
to the Water and Sewer 13oard to negotiate tm details of the contract atrl to naka ropart.
and recommendation to City Council as soon as conveniently poasibl.eo
After considerable discussion, it was agreed by the Boord that lJro Babcock and
Yro Shivers., ith the assistance of Mro Rudd, City Mamr,er, ·should work out the
details for preliminary connector's aereenent with Shsridan•s legal couns 1,
returning same to the Englewood Vlater and Sel1ol" Board for final recommending actiono
The Water am Sewer Board was adVised that !fr~ Ragsdale of Ragsdale Broso Tool and Die, Ire o
has made a request of the City or Englewood for a ater conmction at their proposed new
site mar the northwest.arly corner oi the intersection of V/est Union Avenue ani South Santa
Fe Driveo It was felt by City Council that th! Water am Sewer Boo.rd should consider this
problem before any action is talano
In the discussion, by the Water am Sewer Board ~:mbers, it was brou.ght out that there exists ,
in West Union Avenue, adjacent to the proposed site, a 16" water main •1hich ia used for
transmission of water from the E~lewood filte1' plant ·to the Valley water District to the
west and is owned by that Districto It was also brou{jlt cut that tm site is presentJ.y
outside the city limits of Engl.ewocd and is no·h within the boundaries af the Valley Water
Districto Further, the proposed site is located within the boundar:lBs of an area which
is ourrentJ.y in the process of being annexed t::> ttte City of Englewood• which mov mnt, is
felt will be successful~
Unier current City policy., it is felt, by the Doard, that, the 1ll.ternatives for I!Jlk~ a
water tap available to this proposed site are as follows:
lo Throu.~ anmxation to tha City 1 as proposedo
2o Through the inclusion of the area into the Valley Water Distrlcto
3. Throueh the formation of a separate water district with execution of proper
Distributor•s Cont.racto
ldro Babcock, Utilities Director, stated that in preliminary contacts with officers of the
Valley '\'later District, he had learned that they would not be greatly int.ereated in the in'2'>
clusion or the area into that District, but that the"J •ould be agroeable to making arran -
nents far taps far sites iVhich might becom anmxed tc tl-e City as provided in tr.a Connector's
AgroeJIBnt bet een too Valley Water District arrl t c·· t-.r of Engleivooda
After considerable discussion,
Seo tt moved,
McCabe, seconded, That the Water and Sewer Board approve of City assurance to
Mr. Ragsdale that if and "lhen the area in hich he propo to
locate his operation becones a part of tl e City of Englewood,
said raa will receive Engle\ ood ' water service on the aame
basis as any other similar area within the Cityo
Ayest Brcmnewell, Frantz, McCabe, Scott
Nays: None
Absenti Kl'Biling1 Purcell, .Robohm
Soma further discussion was held relative to pcssible additional consideration which might
be given by Valley VTater District far sOJIS arrangamnt far taps in this area should the
armexation mOV"ement failo
Scott moved,
Browmwell1 seconded, That Mr. Babcock, Utilitios Director. be asked to m9et with th
officials of tis Valley Wa~r District and attempt to secure
.further consideration and poosible assurame from them that
they would include the general area or the proposed Ragsdale
building site, in that Water District, should the current
annexation movenent failo (Thie, seeming to ba reasonable due
A-yes:
to the hieh caliber of tm proposed ard possible future industries
to be located there o)
Nays:
J3rownewell 1 Frantz, JJccabe, Scott
None
Absent: Kreiling
---
Mro Babcock, Utilities Direi:tor, presented ard read tm follooing letter, received from tha
Sou.th-East Englewocd Water District:
•sooTH-F.ASI' ENOLl'l\'000 WATER DISTRICT
ARAPAHOF. COUNTY, COLOR~DO
Yr. Lo R. Ruid
City Manager
City of Enelewood
Po Oo Box 178
Englewood, Colorado
Dear Sir:
Noo 2 Sherman FJdgo
3470 South Sherman Street
Englewood, Colorado
February 18, 1959
Re: Inclusion af Parcels of Land
of Roger Ao Roberg ard Jean
Mo Roberg, Keith Mo Carpenter
and LaVonm Ao Carpenter, and
Floyd H. Seibert and Joyce Ao
Seiberto
At the Regular meeting of the Doa.rd of Directors of South-
East Englewocxi Vlater District, held Thursday, February 12, 19S9
at .3:00 PoMo 1 the Beard of Directors approved the Petitions far
inclusion af the following parcels of real property into the
District:
Roger Ao Roberg and Jean Mo Roberg -
The South One-half (S!) of Plot; Nine (9).J CONWAY
ADDITION, Arapahoe County, Colorado
Yi.eith Mo Carpenter and LaVonne Ao Carpenter -
The South One-half (&}) of Plot Twelve (12), C01MAY
ADDITION, .Arapahoe County, Coloradoo
Floyd IT. Seibert and Joyce A. Seibert -
The !forth Ore-half (M~) of Plat Tv1elve (J2), CO :riIAY
ADDITION, Arapahoe Coun·~, Colorado
As usu.al, the inclusion was 112de subject to the 1I'itten consent
of the City of Englewood, ard we are herewith enclosing an orig:inal
and three oopias of Contract ard Agraerrant, Su9plemmt ?lumber 8
which amarxis tha Distr1buto~1 Contract ~1ith the District, to permit
the inclusion of these pare l::J within 'the District and withm tho
service area authoriz-d by the Distributor's "011t.r ct~
These parcels of land are located North of Littleton Boulevard
ard West of South Clarkson Street ithin an area llhich was originally
to be included in South-Eas·i:. Englewood Water District, but llhich,
by reason of problem involved in legal descriptions at that tim,,
wa.s emitted from the orig:L'lal D:istricto Th:is area is capable of
being served by the facilities of tm District, am has tm approval
of the District Engi.neero
It is hoped that th9 Contraot and Agreement can be executed
by the City at its next Regular Meeting on Monday, March 2, 1959 o
Very tru. ly yours,
/S/ Robert Bo Ise
RBL:br
Encls!I"
After oane discussion and clarification of the loca-t.ions on tha nap,
McCabe! moved,
Browmwell, sscomed, That the Water am Sevier Board racoI!lllBnd to Cit\v Council
that the lards, as descri bad in the le ttGr just read, from
the Sout.h-F.aet Englewood Vfater District, under date of
February 18,, 19$91 be all~ed to annex to the South-F.ast
Enr,lewood Water District, by SUpplemental Agreerre nto
Ayess
Nays;
Absent:
Brownewell, Frantz, McCabe, Scott
Nom
Kreiling, Purcell, Robohm
---
Mr. Babcock, Utilities Director, advised the Beard that there exists at least one instance
whare:in a recorded Quit Claim Deed has been filed with the Citw" Clerk, deeding a private
water main to tl'e City of Englewocxl without f"urther execution of any type 0£ conveyance
documents whiah indicate of'f'ici.al accaptaroe o£ said line by the City'o
Ur. Shivers, Special Counsel, advised ?.tr. Babcock that tm City is not oblir,atad U> accept
any Quit Claim Deeds far private water lines withau.t the Of.f'icial approval of the Cityo
---
Uro Babcock~ Utilities Director, preoonted and read the followinr, letter from the
Valley Developr.ent Company_, which letter had ooen presented previously to the Board
on December 101 1958 an:l '\'la.s tabled for lack of sufficient information:
ttVALLEY DEVELOP?.IBMT COHPAMY
1824 Lincoln Street
Denver 3, Colorado
Mro Harold Babcock
E~1:ev1ood Water Department
3.345 South Bannock
Englewood, Colorado
In Re~ W ll Sites
Gentleman:
We request your permission to relocate Viall #l to a new
location directly east where the present pipe connects
with the alignmant of Well 1/2 o
We propose to drill a new well, move tm present pump
on Well Ill, and hook up canple te at the new siteo Also
wa will remove the pipe between v'iell #1 and the new site,
a.rd deliver to tm EnglevlOod \'latar-Dep<lrtnent yard<>
cc Dalo H. Rea"
Very truly y~s,
VALLEY DEVELOPM»Il' COMPANY,
/S/ Lo E. Clarida
'Mro Babcock explained .further, to tm Board, that this proposal involved tm relocation
of tte well approxilrately 565 feet east of it's present location and oonmction thereof
with the existing system of Us all at tha expense of the Valley Development Companyo
Mro Babcock also explained that tl'B reason for the request is to clear the area over the
existing toll and pipeline for the purpose of construction of a proposed shopping centor o
In the discussion following, it was brou@lt out that a small 9' X 12 1 tract of land en-
compassing the existing Wall Noo 1 1 along ith an 8• right""°f....ay far the pipalme from
the ell was deeded t:J the City a.Iii is presently w.der City ownershipo
McCabe moved,
Brcmnswell, secomed, Tm t th9 Valley Developmmt Com.pa111 be allOVied to cap the
existing Well rio. 1 and relocate same approxina tely $65 feet
eastward, provided the proposed new well 1s relocated at the
expense of the V'alley Development Ccmpany and is properly
conveyed to the City of Englewood, and will produce as much
or more water as does the present Well No<> lo The disposi-
tion of the right-0£4ay land is to oo considered b"'.f Valley
Developr:snt Comp3.ny officials, lXro Babcock and Special Water
Counsel to detennina proper method of said dispositiono
A~a: Browrevrell, Frantz~ McCabe, Scott
Nays: Nom
Absent: Kreiline 1 Purcell, Ilobohm
---
Uro Shivers, Special Counsel, reported that 11 at this time~ negotiations had not been
canpleted with Mr o Elmer Hartner for tm purchase of his a ter 1n teresta in the Olsen-Bell
Ditcho
---
' s ~·
Mro Shivers, Special Counsel, advised the Board that studies are still under way on possible
methods of transmission of Englewood-owned transmountain watero
Mr. Shivers, as Special Counsel for the Water and Sewer Board, received a notice for change
in point of diversion sought by Mr. and Mrso Farrar of the water rir,ht of the Chapelle Ditch
in South Parko
llro Shivers stated thQ.t should t.he Cities of Denver and Litt.leton, along with Consolidated
Ditches choose to join :in protest to this proposed chanee in point of diversion, he would
recommend that the City of Englewood also join in th~ protesto
After some discussion and clarification,
Brownewell moved,
Scott, seconded, That Mro Shivers, as Special Counsel, file a protest in Case
Noo 3502 1 Park County, opposing a change in point of civersion
and appear at the hearing on March 13, 19$9; and, that the
Water and Sewer Board recom.rnend that City Council ratify and
confirm this action or the Board~
Ayes:
Nays:
Absent:
Bra.ivnewell, Frantz, McCabe, Scott
None
Kreiling, Purcell, Robohm
Brownawell moved,
McCaba 1 seconded, That the Water and Sewer Board recommend that City Council, by
resolution, grant to the Water and Sewer Board, the power and
authority to enter into necessary litigation for tB:i protection
of water rights owned by the City of P.nr,lewoodo
Ayes:
Nays:
Absent:
Brownewell, Frantz, UoCabe, Scott
None
Kreilinc, Purcell, Robohm
At the maet:ing of the Y!ater and Sewer Boo.rd, held February ll, 19~9 1 1Iro Shivers, Special
Counsel, was asked to study and render a legal opinion on the possibility of turning over
of City-owned land near the water .filter plant, originally purchased with bond money of
the Water Departmeint, to the Recreation Department of the City of Englewood for park purposes ,,
Mro Shivers gave his opinion as follows:
lo That the land cannot be sold ·Nithout an affirmative vote of the peopleo
2o That, since the property was purchased with bond money and represents part of
the security of the bondholders, any rental fee in connection with a lease
must be commensurate with the purchase priceo
Mayor Scott indicated that City Council was making further study of the situationo
No further action was taken by the Via tar and Sewer Boardo
---
Mayor Scott advised that, due to personal business, he would not be able to attend all
future meetings of the Tri-City Trust and designated Mro Robert Fo Frantz, Water and
Sewer Board Chairman, as his praxyo
It was brouctit out, at this ti.me, that, as a part of the irnplenentation of the City Charter,
it would re in order to reoreanize the Water and Sevzer Boord to the extent of election of
officerso
Scott moved,
Brovmawell, seccnded1 That Mro Robert F. Frantz be nominated for Chairman of the
Enf;lewood Water and SG'V1er Boa.re and elected by unanimous
balloto
Ayes: Brownewell, Frantz, Mccabe, Scott
Naysi None
Absent: Y~eiling, Purcell, Robohm
Scott moved,
Brm-mawell1 seconded, That Mr. Co Ho ?!cC be be nominD.ted for V"ce-Cb:lirm-2 of the
Englewood Water and Sewer Board and alectnd by unaniulous
balloto
Ayes: Brownm1ell, Frantz, l.IcCabo, Scott
Nays: Uone
Absent: Kroil1ng1 Purcell, Robohm
After some discussion,
McCabe moved,
---
Scott, seconded, That tha Water and Sewer Board recommend to City Council that
Mr.o Mo Oo Shivers, Jro be reappointed as Special Counsel for the
Vlater and Se\-:er Boardo
Ayes:
Nays;
Absent;
Brovmewell, Frantz, McCabe, Scott
None
Kreiling, Purcell, Robohm
.. --
There ooing no further business ·to come before the EnRlewood Water and Sewer Board, the
iooeting was adjourned at 12:05 AoMo
Approved ----------------
.I
Date:
SUbjectt
Action:
Further
Action:
MFlWRANDUM TO THE mmI.E.ViOOD cm COUNCIL REGARDING ACTION
OR RBCc1q.mNDATIOM :)F 1•rIE ENGL~'IQ(;'j) WATTR AND SF}VER Bl\RD
March 4, 1959
Vlater Service For Ragsdale Tool and Die, Inc9 Proposed Location
Outside City Limits Near West Union Avenue and South Santa Fe Dr~v o
That the Water and Sei.1er Board approve of City assurance to
Mr, Raesdale that if and hen the area in which he proposa3 to
locate his operation becomes a part of the C:l.ty of Enelcmood,
said area will receive Engleuood water servico on the same basis
as any other similar area within the Cityq
That l~ro Babcock, Utilities Director, be asked to meet ith the
officials of the ValJ.ey Water District and attempt to secure
further consideration and possible assurance from them that they
would include the general area of the proposed Racsdale building
site, into that :·:ater District, should the CUl'):"ent movement for
annexation to the City of Englewood failo
Respec·l;fully submitted,
FJiGLD~mon WATFR AND ~~/~}')ARD
By: Robert F o Frantt (.b
mlairman T
,J '
Date:
Subject:
Reaommandation:
MEMORANDUM TO THE ENGIENOOD CITY COUNCIL RFnARDING ACTION
OR RF.COMMENDATION OF THR ENGLE1!IOOD WATTIR AND SEWNt B(}A.RD
March 4, 1959
Annexation of Additional Area to the South-East Englewood Water
Districto
That the f olloning described lands be allowed to annex to the
South-East Englewood Water District, by SUpplemantal Agreement:
Ror:er Ao Roberg and Jean Mo Roberg ""
The South One-half (S~) of Plot Nine (9) 1 C0~1'fAY
ADDITION, Arapahoe County, Coloradoo
Keith Uo Carpenter and LaVonne Ao Carpenter .,
The South One-half (SQ) of Plot Twelve (12) 1 COI-Tl'IAY
ADDITION, Arapahoe County, Colarado
Floyd Ho Seibert and Jayce Ao Seibert =
The North Oneaohalf (N1) of Plot Twelve (12) 1 CONVJAY
ADDITION, Arapahoe County, Colorado
Respectfully submitted,
Date:
Subject:
Action:
Recommenda·i:.ion:
Mfil1Clt4.NDUM TO THE ENGWfOOD CITY COUNCIL REGARDJNG ACTION'
OR RECOMMENDATIOM OF THB ImoLE'.'lOOD WATER AMD sm·1rn BQiRD
Notice tor Change in Point of Diversion Sought by Uro and M.rso Farrar
of the Water Right ot the Chapelle Ditch in South Parko
That Mro Shivers, as Sp cial Counoel, file a protaat in Case Noo 3502 1
Park County, opposing a change in point of diversion and app ar at the
hearing on March 13, 1959 o
That City Council ratify and confj.rm the above acti :in of the Englewood
Water and Sewer Boardo
Respectfully submitted,
By: Robert F o Frant
Chairman
MEMffiANDUM TO THE EUGLl!:.'fOOD CITY COIB{CIL HEGARDDJG ACTION
OR RECOJ.t1!ENDATION OF THE ENGLT!r.H.XJD WA 1'FR MID SFXIF.R BOflRD
Date: !t'lrch 4, 19>9
Subject: F'11tura Authority of ~·;ater and Dm1er Boa1·d to Enter Uac ssary I.it:tr!ation
for the Protection of Water Rights O;med by' the City or Englov:ood o
Recommendation: That City Council, by' resolution, grant to the W0 t r and Seuar Boa ~~,
the power and authority to enter into necosaary litigation far the
protection of 'Water rights owned by the City of finglewoodo
Rospectfully-subr.dttod,
ENGLE'NOOD WA TRR AND SFX/ER
By: Robert F. Frantz
"OEiiirman
.I
?!E.tOnANDUU TO THE EIJGLE','lOOD Cl'l'Y canrcIL FROU THE EtIGI.ErfOOD \'/ATIB AUD SEWJiR DJ\RD
Date:
Subject:
Legal Opinion
As Rendered
To \"later and
Sewer Board
By Mo o. Shivers,
Special Counsel:
liarch 4, 1959
Isgal Opinion Relative to Possibility of Turning OVer of City-Ch·med
Lands Near Englewood Water Filter Plant to Recreation Departnent For
Park Purposeso
1. That the land cannot be sold without an affirmative vote of
the people
2o That,. since the property was purchased with bond money and
represents part of the security or the bondholders, any
rental fee in connection with a lease must be conmensurate
with the purchase priceo
Respeotfull.y submitted,
Dy: Robert F o Fran
E?IGIN.!OOD 'ITA TER AND SE1ef;','JiR :>ARD
Ofuirman (
..
MEMCRANDUM TO THE EUGIE."IOOD CITY COUNCIL REGARDING ACTION
OR RF.CO~.mfilTDATIOM OF THE ENGL~!IOOD WATER Arm ST<r/FR BQARD
Date: tt'll'ch 4, 1959
Subject: Special Counsel For Wa·b r and Sm er Board
Recommendation: That .r. M. o. Shivers, Jro be reap ointed as Special Counsel for
the Englewood Water and Sewer Boardo
Respectfully submitted,
ENGJ.E,100D WATT'R AlID SEWER BQ\RD
By: Robert F o Frant
airman