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HomeMy WebLinkAbout1962-08-08 EWSB MINUTESRIDULAR MEETililG ENGLEWOOD WATER AND SEWER BOARD ... AUGUST 81 1962 The meeting was called to order b:r Chairman Frantz at $:00 Po Mo Members Present: .. BrOwnewel.li> F--"&nt.z,, Oliner,, Robchm Members Absents Braun, Parker, Percefull Other City Officials Present: Utilities Director Babcock~ City Clerk-Treasurer Beausang~ City Attorney Esch~ Consultant Shivers. Seco Note: Mr., Chalmers·e Ao Parker,, who was recently appointed City Councilman to complete the unexpired term of Mr. No Lo McLellan_, was appointed to the Water and Sewer Board,, also to complete the unexpired term of Mr. MeLellano Mro Wo Eo Bishop,, Superintendent~ Englewood Public Schools~ was in attendance to discuss ·with the Water and Sewer Board the possible disposition 0£ an approx:ima te 15 inohes of Denver City Ditch water rights owned by the Englewood Public Schools. The follouing correspondence was reviewds - flCITY OF ENGLEWOOD, COLORAOO . Po Oo Box 178 Englewood-Colorado UTil.ITIES DEPARTMENT September lBD 1959 Mrso Eo ·po Romans 0 President School District Noo l Boa.rd 3000 Soo Ba,,,111ock Sto1 Englewood# Color~do Dear Mra Romans: The Denver records of the City Di·tch shaf that the School District ot-ms the following water rights in the City Ditch: Head gates Noso 521 53 and 54 12000 Inches of water Head gate No. 63 2o75 Inches of water The Water Departewnt of the City of Englewood would 'be interested 1n the purchase of these right if the Board has no .further use .for the sameo Would the Boa.rd please furnish the CiW with the following information: l. ·If the Board has Contract Rigl1t ~ (year to year purchase of water owned bi Denver) tJ or Ownership Rights" (share of appropriation by Court Decree . which would revert to Denver if carrying charges were not paid on or before due date)? 2. Has assessment or carryillg charges been paid up tO _date~ Jo Would the Boa.rd. be willing to sell and for how much per inch? 4o If willing to sell, would the Board consider as an alternative for cash, credit for future tai>s up to an equivalent smount? If I can be ot any assistama that would be helpful · in making a dec~sion on this matter~ please feel free to call on meo CC: Marc Shivers Mro Rud~ City Manager'.' # Very truly yourS9 /s/ Harold Ho Babcock Utilities Director UENGLEWOOD PUBLIC SCHOOLS William Eo Bishop, Superintendent ENGLOOOD, COLORADO November 201 1959 Mro Harold Ho Babcock Utilities Director Englewood City Hall Englewood, Colorad6 Dear Mro Babcock: For a period of about a year we have been endeavoring to clarify the water rights owned by the School District in the City Ditcho We have beer.i maintaining a.ssessmen·C;s on those which -ae have clear title with the thought primarily that this water should be preserved for the residents of the school district and the City of Engletroodo This• I believe9 answers Items Noc l and 2 in your lettero In reply to Noo 31> the board would be willing to sell their rights for this water but have not established a price for theino This price» I am sure, would be in agreement wit.h the going rate for such saleso In regard. to Item Noo 4., it is our opinion that we would llot like to consider axry alternate for oasho We would 11.ks to make this a direct transaction due to the legal status of the Board of Educationo I believe this answers your questions with the exception of the exact price per inch for sueh water rightso We would .need to make inquiry as :to the proper price £or such a transe.ct!ono I will b:e very happy to dis.., cuss the matter with you at your convenienceo ae*' # Sincerely~ /S/ Wo Eo Bishop Superintendent "LAW OFFICF.s RICHARD Ho SIMON The First National &nit Buildif€ ENGIEWOO D8 COLORAIX> Mr,. Stanley Dial.0 Englewood City Manager City Hall Englewood,!) Colorado Res School District Noo 1 ... Water Rights Dear Sir: For the past two years the City of Englewood has expressed an interest in purchasing ccartai.n water rights owned by the Englewood School District in the City Ditch that passes through ~eifoodo It is my under= standing that some investigation has been made by the Cit,. into the na. ture of the water rights held b;y the School District and that. there ha.a been some discussion as to the value of these rightso Additionally, the City has in ... dicated a desire to grant the School District a credit upon its water bill rather than to make an out right cash purchase of the wa ter rightso ·Notw.tthstandL'lg the aforementioned negotiations8 no sale of the u-ater rights ha.s been consummated and tbe School District has determinad that it will commence negotiations with other interested purchasers unless the City of Englewood is still interested in purchas~ the sameo We are informed tha·t the School District l't..as total water rights amounting to fifteen (15) inche5 with a value from Three Hur..dred Fi.tty Dollars ($3SOoOO) to Four Hundred Fifty Dollars ($450000) per i.ncho We would appreciate your reply as to whether the City is interested in this ma·tter and in the event the Water Board should desire to consider this problem at its next meeting we would be happy to have a representative of the School Distrlict or this of f'ice present9 Sineerel,y yours, /S/ Richard Ho Simon RFK/nr CC: Harold Babcock" Director of Utilities M9 Oo Shivers, Esqo Joseph Esch~ Esqo School District No 9 l .,, Dro Lewis Crum" # "SHIVERS, BANT.t\ & McMARTIN Attorneys At Law Noo 2 Sherman Bull~ .3470 South Sherman Sto Englewoodb Colorado August 89 1962 The Engle1'1ood Water and Sewer Board City Hall Englewood9 Colorado Gentlemen: Re: School District Noo 1 City Ditch Right So As many members of the Board are aware, there are two classi= fica.tio.ns of appropriati.ons carried in ·t.he city ditcho In simple C":) 4 r-';> language» these are ref erred to as rights whicl\ are owned outright and rights ~hich constitute merely a contract to purchase water on an annual basiso The f'onner are the only rights which can be qaJ.idl;r purchased,, as Denver has ·the right to cut off the contract owners at a:ny time o Assuming that the rights O'fined by School District Noo l are of the outright ownership type" the City of Englewood should defi~ nitely arrange to arrive at a price and purchase said rightso Sometime ago~ Mro Robert Fo Kelly8 who is associated with Richard Ho Simon, delivered to me six abstracts of title f'rom which it was hoped the cat<ilgory of water right could be determined~ ! have examined each and every one of these abs·liracts.o only to find that it is not possible to establish from the abst.raots which type of water right ia claimed by the School Districto Over the yearsD the Abstract Company has paid little if any attention to water rights~ and the abstracts refer, in many instances, to a ttright to water from the City Ditch 11 8 "contract for water from the Citq Ditch",, or simply a deed conveying certain land.!t "together with water rights appurtenant thereto"o This, then, left the undersigned with %10 alternative but to attempt to check each and every deed on the or:i.giml records in the Count.y Clerk and Recorder~s office to see whether the instrwnent had been correotly abstractedo This is an extremely large task, and I have attempted to do it on occasion a little at a timeo If the School District is anxious, it is my suggestion that the School District contact the City Ditch Department of the City and County or Denver and request from them a letter statiJlg which type of rights the School District m.rnso If the O:ity of Denverb through its City Ditch Depart."116nt~ admits that these rightsA> or a part thereof:i are in outright. ow:nership, the City of Englewood will then be in a posit.ion to negotiate for purchase without all of the effort and time necessary to check the original recor~ at the Clerk and Recorderos officeo The City of Englewood should not request this informationD as Denver ~'ill immediately sense that we are attanpting to buy ·C;hese tights and will insist that ·they go into the Tri-City Trusto It is my point of view that if the School District establishes outright ownership, the City should enter into an agreement as to the value of the rights. but should merely lease the rights from the School District: without mention of purchase for a period of time sufficient to assure that the Tri~City Trust will have been dissolved at time of purchaseo It is to be sincerely hoped that Mro Simonos letter of August 21> 1962 has not come to the attention of any Denver author~ itiee or employeeso MOSsbr ccr Stanley Dial_, City Manager City of Englewood Very truly yours8 /S/ Mo Oo Shivers" Jro Harold H. B~ock, Utilities Commissioner City of Englewood Joseph EschQ City Attorney City of Englewood School Dis·~rict Noo l 4101 South Bannock Englewood, Colorado Attei. tion: Dro Lewis Crum" After son-~ discussion~ in l"ih5.ch Mr.; Shivers reiteTiated the importance of .an inquiry;s-by ·the School District~ of the City of DsnverJ CH.y Ditch Department., as to the t yp e of water rights a.11d. o~-mei'ship involved,., I4r11 Bishop indicated that he would follow-up and make such inquiryci Robohm moved., Oliner~ s econded0 That; the Water w.d Sel'.1er Bca.l:'d recommend to City Counc il that the City negotiate promptly t-iith the Englewood School District for lease of the Sch ool District qs water ri@lts in the City Ditoh for the r'6!11la.i11d~ .. of 1962 and all of 196 30 in exchange £or x·eimbursement by the City,, to the School District, of the p~ent of the last assessment for 1962 and the p~nt of the 1963 assessm.ento Ayes: ?fa,ys: Absent: Brownffitell, Frantz,, 03.:i.r..er,, Percefu.ll,; Robohm None Braun1 Parker Dro Pe:rcefull entered end was seated nith the other members of the Board. The following IntQ'e>Offic e Memorandum,, f'rom P'.ro Dial., City Manager., relative to s ewer revenue bonds, was next read: TOs Mro Re F. Frantz,, Chairman Water and Sewer Boarcl DATE: August 8.o 1962 FROM: Mro Stanley Ho Dial, City Manager SUBJECT: SEWm REVENUE BONDS It is 'l1'fY understand.iDg that the Water and S~ Board w.ill hold its August meeting at $:00 PoM., Wedn~dq, August 8tho As I will be unable to attend this meeting• I a taking the libert7 0£ wri~ this ~ randwno · As a result ot discussiOllS bett1een Mr. Harold Babcock, Mr 9 B• o. Bea.usaDg,, aJld. myself• ~u will have for 70~ _ consideration this eve~ a matter relat:iqi to the City• a. exi.Sting Sewer ~venue Bonds~ By use or a method which was recently authorized by the Legislature,, it is now possible for us~ over the ·remaiJling lite of our presen-6 Sewer Revenue Bonds, to realize a savings in excess of $100, 000~ plus realizillg certain certain other advantapa.lt · · Mr-o Babcock was not certain whether the Board wQUld .teat that this a-as necessarily -a matter on which their recommendati()n should be give.no We both felt• however.!> that the Board would certainly W.Sh to be apprised of the f aot that we wer~ considering recommen:lirlg to th-e Cit7 Council that the City' o~ E!Jglewood take the necessar;r steps to realize these benefits• and would certainl.y invite yow:-counsel on this matter., I have taken the liberty of im'it~ Mr~ Beausang to attend the mee·ting in order t;o discuss with 1'QU the de=o tails of this Revenue Bond Programo /S/ STANLEY H. DIAL City Manager SHD/ij CC: Mr~ Harold Ho Babcock , Utilities Director Mr{J Bo Oo Beausangb City Clez-k.=,~easureru Mro Beausang» City Clerk ... Treasurer11 in relatil'lg to this revenue bolld programg presented copies or three exhibits prepared by Coughlin end Companyo (Copies of these exhibits are on file in the offices of the City Clerk-Treasurer 8lld the Utilities Directoro) These exhibits indicated the details of the bond maturity and interest cost for each of the three Englewood sewer bond issues now outstanding which total $1,,022~000 principal, $$0),,583 interest, making a g-.L"and total debt service of $1-525,563<. U these bonds were refunded and a nev issue sold in the amount of $1,,022,00001 the interest on this new issue is estimated to be olll.y $364 9 786. providing a potential saving in interest of $1.34,, 7970 This would be accomplished by investing the proceelis of the new issue in UQ s. Government bonds purchased on the open market and placed in the hands of a trusteeo The trustee would be charged with the duty of using the Uo So Government bonds and intere3t therefrom to meet the interest and retirement of the old issues of bonds as the matureo An elaborate procedure has been established to assure the holders of the old bonds that those bonds would be retired whe..tl due or called by establishil'lg the above mentioned trustee and b7 having the Uo So Governmental bonds a.udlted as to the sui'ficienoy of those bonds to meet the retirement of the old issues so that the new· issue may be first lien on the sewer rev: es of the Cityo The total cost 0£ the services of the fiscal agent fi incl~ the audit by the Certified Public Accountants and expenses of establishing of the trustee or escrow relationship would be $21,1,$1.30100 This cost., subtracted from the estimated interest aavirg provides an utimated net saving to the City of $U7,,283o90o It was emphasized that should the conditions not be favorable., with regard to both the Uo So Government bond market and the municipal bond market9 resultil-ig in a substa;ntial reduction of the savings set forth above or even a cost to the City» the City has the right to refuse to issue the refundil'lg bonds and be Ullder no obligation to the fiscal. agent whateverJl even though said agent may have e:xpendedaonies as fiscal agento One of the major advantages in providing for the refunding of the outstandirlg sewer revenue bonds is that the City has first and second lien bonds outstanding and issuance or additional bondsp if necessary, would bs very expensiveo Other advantages include release o£ present reserve funds and reduction of financial requirements prior to issuance of more bonds on the same parityo Theae bonds are b~ing considered for issuance at the sane time as the authorized $1»750 1 000 water bonds on November 1 11 19620 After considerable discussion» and clarif'ication of certain points by Mr9 Beausang, Brownewell moved:> Robohm9 seconded.11 That the Water and Sewer Board receive the report and indicate that it looks with favor upon such a sewer revenue bond programo Ayes: Na_y-s: Absents Brownewell. Frantz.ii Oliner• Perce:f'ull: Robohm None Braun, Parker Mr 0 Richard Lo Banta" Jro" Attorney~ represent~ the Soatb.gate Sanitation Distri.ctt> appeared QJld presented the following application for inclusion ot certain lands into said district: ttSOUTHGATE SANITATION DISTRICT ARAPAHOE AND OOUGLAS COUNTIES" COLORAOO 3470 South Shel'Zl'.a.n Street Englewood9 Colorado The Ronorabl~ Water & Sewer Advisory Board City of Englewood City Hall Englewood~ Colorado Attention; Mrq Harold Ho Babcoclcb Utilities Director Res Southgate Simi tation District Gentlemen: On behalf of Sou.thgate Sanita~t.ion Dis trictl' Arapahoe and Douglas Coun-tieB.:> Colorado,, I wish to advj.se that petitions for inclusion of the hereinafter descr.ibed parcels of real es·~ate have been filed with the Board or Directors by the owners of said parcelso The Board of Directors has authorized the publication of notice of hearing on the p~titions and the bearings are scheduled to be held on Tuesda7~ Sep·f.ember 4., 1962 at 3 Po Mo In accordance with the requirements of the Coll?lectorsa Agreement dated June · 20.!l 1961 between the District and the City of F..nglewoodp COl'.l= sent -to inclusion must be obtained from tJ.?.e Cit"Y of Englewoodo The Board of Directors hereby makes application to the City for approval. of the proposed i11clusions and for an amendlnent to the Conne~toras Agreement auth~r.izing service within such included areao · · ·· The :names of the petitiQ.ne:rs and the legal deacript,ion of the parcels proposed to be included . are as follomn Ro Co-urt:ney and Patricia Co Hanson Rocky Cliff Ranch ElizabeJlih~ Colorado Tracts 8,3 and 84 (Clark Colony Noo 3)~ a subdivision of Sectian 17, Township S South~ Range 67 West of the 6th Po Mo Arapahoe Count,y, Colorado Cherry Creek School District Noo $ 495$ South Dayt0118 E.."lgle-.vood, Colorado Tracts 79 and 80 (Clark Colony No~ 3)., a subdivision of Section 171 Township S South, Range 67 West of the 6th Po Mo Arapahoe County" Colorado Orville Mo Jaeger c/o Victor Ro Champlin 2009 West. Littleton Blvdo Littletonb Colorado Tracts 91 to lOOb i..11cl~sive., and Traets 127 and 128" {Clark Colony No .. .3).1> a s'"bdivision of Sect.ion 1711 To\'mship ;5 South» Range 67 West of the 6th Po Mo.? Arapahoe County,, C9lorado!} and Tract 5~ Block 8 ·· (Clark Colony), a subdivision of Section 16" TeNnship 5 South~ Range 67 West of the 6th Po Mo, Arapahoe County~ Coloradoo You will find enclosed proposed Supplement Noo ) to the Connector 9s Agreement in connection with. the foregoiilg». should this inclusion be approved.,; Your early consideration of this matter will be appreciatedo Very truly yours, SOUTHGATE SANITATION DISTRICT ARAPAHOE AND IDUGLAS COUNTIES• COLORAOO /S/ E7-Riphard Lo Banta, Jrop Attorney RLBsabo F.nclo cc s South Arapahoe Sani tion District Mro Charles Meurer" Mro Babcock 0 Utilities Director.!> pointed out the location or the areas on the ms.p and stated that he reco:nmmnded the inclusion of sameo After short discussion, Oliner moved;, Robohm, seconded"' That the Englewood Water and Sewer Board recommend to City Council that the land referred to"' in the application just receivedD be allowed to annex to the Southgate Sanitation District9 by Suppl&;:i ine:n~fiaJ. Agreeme:it ~ Ayess Naysi .Absent: Brwwneuell~ Fra:ntzti Oliner"' Percefull_. Robohm None Braunt> Parker Mro Wo Wo Wheeler» Jro and Mro Do Mo Forester.!> both of Wo Wo Wheeler and Associates» Consulting EngL-,eers9 were in atte..l'lliame to join in a discussion relative to the adtri.seability of delaying the awarding of' the contra.ct for construction of Schedule B of the Er>glewood Noo l Dam projecto Mro Mo Oo Shivers.!> JroD Water and Sffi:Ier Board Consultant,, reviewed all eorresponden:e with the City-of Denver1> relative to the possible joint use9 by Englewood; of the Denver City Ditch"' begimWtg with Jul.Yi 19$5 up to and includ:il:lg a letter from Robert So Millar, Manageri> Denver Board of Water CommissionersD July 181 19620 This last letter indicated that assuming joint use of the City Ditch by ~lewood can ever be agreed upon, it will not be settled tor some period of t.imeo (Copy of .letter of July J.8, 1962, from Mro Millar,, is on file in the office o.f' the Utilities Direct.oro) . Mro Shivers recommended that" since the ques·t,ion of the use o! the City Ditch has not and cannot be settled for an extended time,, and the pumping f aoili ties as se·t up in Schedule B cannot be used without the use of the City Ditch, it ~ould not 'be proper to go into co~ struction of Schedule B at this time~ Mro Babcock.fl Utilities Director!> and Mro Forester of Wo Wo W'neeler and Associates~ pointed out that" due to the period of time involved in the construction of the dam properD a delay in construction of the pumping station would cause no d.if'f'icultye even if the delay is as long as a yearo Alternative methods of getting water into and out of the reservoir were discussedo As a result of this discussion, Oliner movedi, Robobm1> seconded, That the Wat.er and Sswer Board recommend to City Council Ayesg Nays: Absent: that the contra.ct for cor;:struetion of Schedule B of the Englewood Noo 1 Dam project not b0 awarded at this tJ.me because of complicatiom in negotiations with the Denver Board of Water Commission~s as to the use of the City Ditcho BNh-nelV'ell.., Frantz"" Oliner!> Percef'ull1 Robohin None Braun» Parker The Water and Sewer Board direct.ad the representatives o.f Wo Wo Wheeler present to proceed to make a preliminal':r investigation of alternative methods of getting water into and out of the reservoiro ..... C> Mro Shivers requested authority of the Board for atte?ldance of himself and Mro Wo Wa Wheeler at a conference in Loveland, Colorado~ with Northei"'n Colorado Water Conservancy District officials and Mro John Barnard, Sro 3 on August 13~ 1962,, to discuss the Western Slope Elliot water tights problem and probable right.=>of0 t1ay agreements with Grand Valley Irrigated Lands Company and other clients of Mro Bai.-nardo (Also see minutes of July ll, 19620) After discussionb Robohm moved, Peroefull, seconded; That authority to attem the meeting in Loveland, as requested by Mro Shivers$ be granted and that he also be authorized ·to mgotia·be with Mro Barnard on preliminary righii=Of=wq agl"e&=> ments with his clients" the basic principals o:t the agreetr.en~ to be submitted.o Ayes: Brow:nawell, Frantz., Oliner,, Percef'ull1 Robohm Nays: None Absent: Braun; Parker Mro Shivers reported on the Wes-tern Slope Hater rights cilligence hearing held July 9 and July 2$, 1962, in District. Court of Grand Countyb Hot Sulphur Springs, Coloradoo He read part of the record to the Board and stated that the Court had the matter under advisement Q!ld would not rule until after subm:issio;n of briefs by both sideso (Also see minutes of July 11 8 19620) There bejng no ~""ther business to come before the Eng.l.eaood Water and Sewer Board9 the meeting was adjourned at 7:05 Po Mo Ytecordir..g Seer ta:ry Approved __________________________ __ MOORANWM TO THE ENGLFNIOOO CITY COUNCD. RmARDOO ACTION OR RmOMMENDATION OF THE ENGI.Pa>OD WATER AND SEWm BOARD Dates August 8b 1962 Subject: Lease of Approximately 15 Inches o£ Water Rights In Denver Cii¥ Diteh, Oimed by Bngle•ood Public Schools o Reeommendationa That the Oity negotiate promptly with the Eriglewood School District for lease ot the School Districtis water rights in the Cit7 Ditch for the remainier or 1962 am all of 1963. in exchange tor reimbursemnt, b7 the Civ,, to the School Distriot, of the payimnt of the last assessment for 1962 and the p~nt at the 1963 assessmento ENGLM>CD WATER AND SEWER BOARD BT: llobert F, hantm ~ ·m Z1 ... /' Date: Subjeetg Actioiu MEMORANDUM TO THE ~ULtl'lOOD CITY COUNCil. REGARDOO ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BO.ARD August 81 1962 Sewer Revenue Bol'Mi Program (Sae W'ata1" and Sewer Board Minutes oi' August 8.o 1962.e tar detailso) That the Water and Sewer Board receive the report an:l indicate that it looks with favor upon sueh a sewer revenue bond prcgramo Respect.fully submitted» ENGL»IOOD WATER AND SEWER BOARD B;yi Robert Fo Frant~ 'Chiliiitan ~ MllMORANDUM TO THE ENGLP.WOOD CITY cotmcn. REGARDOO ACTION OR ~ENDATION OF THE EHJLEWOOD WAT.ER AND SEWER BOARD Date: August 8,, 1962 Subject: Amlexation of Additional Lands to Southgate Sanitation Di.stricto Recommendation: That the following described lams be allowed to annex to the Southgate Sanitation Distriet, by Supplemental Agreemanto Tracts 83 and 84 (Clark Colol'.17 Noa 3)1 a subdivision of Section 17, Tmmship S South, Range 67 West of the 6th Po Mo Arapahoe County, Colorado Traots 79 and 80 (Clark Colony Noo .3)ii a subdivision of' Section 171 Township S South, Range 67 West o! the 6th Po Mo Arapahoe County, Colora.doo Tracts 97 to 100_, inclusive, and Tracts 127 and l28D (Clark Colony Noa ))., a subdivision of Sec:ti.on 17JI TOW'llShip S South, Range 67 West of the 6th P. Mo, Arapahoe County8 Colorado_, and Tract S, Block 8 (Clark Col01JY), a StJbdivisi.on of Section 16, Township S South, Razlge 67 West ot the 6th Po Mo, Arapahoe County 1 Coloradoo Respectfully submitte~ ENGLEWOOD WATER AND Sm#PR BOARD By: Robert F o Frantz ~ ~™ ZI .. ~ . ,. MEMORANDUM TO THE EtnLEWOOD CITY cmmcn REGARDIMl ACTION OR RmOMMalDATION OF THE EOOLEWOOD WATER AND SFl'IER BOARD Date: August 8~ 1962 Subjects Del in Awarding or Contract For Construction of Schedale B of The Englewood No. 1 Dam Projecto Recommendation: That the contract for cOl'l!ltru.ction of Schedule B or the Englevood Noo l Dan project 11ot be awarded at this time because of complica,,.. tions in negotiatlons with the Denver Board ot Water COllllllissioners as to the use of the Denver Ci1'?' Ditcho Respecttal.l.7 submitted, ENGLEWOOD WATER AND SEWER BOARD By: Robert F o Frants c;ifp Chitrman 2J