HomeMy WebLinkAbout1997-11-18 WSB AGENDAAGENDA
ENGLEWOOD WATER AND SEWER BOARD
NOVEMBER 18, 1997
5:00 P.M.
CONFERENCE ROOM A
J 1. MINUTES OF THE OCTOBER 14, 1997
WATER AND SEWER BOARD MEETING. (ATT. 1)
2 • GUEST : DAVID HILL
/ 3. VALLEY SANITATION DISTRICT DISSOLUTION.
(SEPARATE ATTACHMENT)
j 4. SOUTHGATE SUPPLEMENT #134 (ATT. 2)
I s.
J 6.
J 7.
J 8.
9.
10.
11.
12.
MINERAL AVE. PARK-N-RIDE RIGHT-OF-WAY AGREEMENT
(ATT. 3) (AGREEMENT WILL BE DISTRIBUTED AT
MEETING).
3605 S. BANNOCK -MEMO FROM DAN BROTZMAN
DATED OCT. 31, 1997 (ATT. 4)
LETTER FROM DONALD SAAVEDRA RE: KIEWIT PROPERTY
(ATT. 5)
REIMBURSEMENT POLICY FOR WATER & SEWER MAINS.
MEMO FROM DENNIS STOWE RE: KQXI RADIO STATION.
(ATT. 6)
WATER BOARD CHRISTMAS DINNER -DEC. 9, 1997.
GARY SEARS RECEPTION INVITIATION -NOV. 14, 1997
(ATT. 7)
OTHER.
ATT. I
WATER AND SEWER BOARD
MINUTES
OCTOBER 14, 1997
The meeting was called to order at 5:05 p.m.
Chairwoman Neumann declared a quorum present.
Members present:
Members absent:
Also present:
Habenicht, Clark, Neumann,
Otis, Vobjeda, Wiggins
Burns, Higday, Guy
Stewart Fonda, Director of
Utilities
1. MINUTES OF THE SEPTEMBER 23, 1997 MEETING.
The Englewood Water and Sewer Board minutes from the
September 23, 1997 meeting were approved as corrected.
Mr. Vobejda moved;
Ms. Neumann seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To approve the September 23,
1997 meeting minutes as
corrected.
Habenicht, Clark, Neumann,
Otis, Vobejda, Wiggins
None
Burns, Higday, Guy
Mayor Burns entered at 5:17 p.m.
2. THORNTON SETTLEMENT.
Stu noted that Englewood withdrew a portion of the
application relating to the reuse of effluent, resulting in
Thornton seeking attorney's fees and costs. David Hill and
Jack Graves, Englewood's water attorneys with the firm of
Chrisman Bynum & Johnson, recommended that Englewood accept
the proposed settlement. It is estimated that Englewood's
own costs to litigate would exceed the proposed settlement
amount and it is highly probable that Englewood would not
prevail if litigation were to proceed.
Mr. Vobejda moved;
Ms. Neumann seconded :
Ayes:
Nays:
Members absent:
Motion carried.
3. 3605 S. BANNOCK ST.
To recommend Council approval
of the settlement to the City
of Thornton for Case #90CW221.
Habenicht, Clark, Neumann,
Otis, Vobejda, Wiggins, Burns
None
Higday, Guy
Stu updated the Board on results of research on City Ditch
right-of-way adjacent to 3605 S. Bannock. The drawing that
was submitted to the Englewood Building Department was not
correct. A letter was received from Mr. James Thornton, an
attorney retained by Michael Gesin, stating Englewood only
has an easement and demanding withdrawal of the stop work
order. Stu noted that no motion is required because action
was nullified by the Building Department's stop work order.
Future correspondence with Mr. Gisen will be directed to the
City Attorney.
4. VALLEY SANITATION DISTRICT DISSOLUTION.
The Board received a memo from Bill McCormick to Stu Fonda
outlining potential problems with a sanitary main beneath a
landfill, as is the case with a portion of main in the
Valley Sanitation District. The City Attorney did not
receive the information requested on court-appointed powers
and main line conditions. Stu noted that district
encompasses three different cities and it would not be
possible to only incorporate the Englewood portion. A
motion will be made at the next meeting.
5. ALLEN FILTER PLANT BID OPENING.
The Allen Filter Plant Project bid opening was moved to
November 12, 1997. Since other large projects are going to
bid at the same times, it was hoped to attract more
competitive bids by postponing the bid opening until
November 12. Six ma j or contractors appeared for the pre-bid
inspection.
6. WILD & SCENIC TASK FORCE.
The Suburban Water Suppliers Task Wild and Scenic Force will
be requesting additional funding to work with each other and
the community to develop the final proposal to prevent a
federal wild and scenic designation on the mainstem of the
South Platte River and the North Fork. The proposal will be
sent to the Forest Service, who will send it out for comment
and make a final decision. The Board recommended to
continue participation.
7. GOLDEN CASE.
David Hill will be appearing at the next meeting to discuss
the results of the Golden Case and the proposed three year
agreement with Centennial.
8. McLELLAN LAND MANAGEMENT.
Stu indicated that the legal ramifications of various land
management options for producing income from the McLellan
Reservoir property are being investigated by outside
council. Stu will be discussing options with the Water and
Sewer Board and Council at a later date.
9. CLYDE WIGGINS.
Since this is his last meeting, the Board thanked Clyde for
his past participation on the Englewood Water Board and
wished him well.
The meeting adjourned at 5:45 p.m.
The next Water and Sewer Board meeting will be 5:00 p.m. on
November 18, 19975.
Respectfully submitted,
Cathy Burrage
Recording Secretary
AIT. :i.
SUPPLEMENT NO. TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
ENGLEWOOD, acting by and through its duly authorized Mayor and City Clerk, hereinafter
called the "City," and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas
Counties, Colorado, hereinafter called the "District,"
WITNESSETH:
WHEREAS , on the 20th day of June , 1961 , the City and the District entered into an
Agreement in which the City agreed to treat sewage originating from the District 's sanitary
sewer system within the area served by the District, which Agreement was most recently
renewed by Connector's Agreement dated November 16, 1988; and
WHEREAS, said Connector's Agreement provides that the district may not enlarge its
service area without the written consent of the City ;
NOW, THEREFORE, in consideration of the mutual covenants and undertakings
herein set forth, the parties agree as follows:
1. The City hereby consents to the inclusion of certain additional area located in
Arapahoe County , Colorado, owned by Eric S . Yaeger , and Robin B . Kolsky Yaeger and more
fully described on Exhibit A attached hereto and incorporated herein by reference , into
Southgate Sanitation District. The City agrees that said additional area may be served with the
sewer facilities of the District , and that the City will treat the sewage discharged into the city 's
trunk line from said additional area , all in accordance with the Connector's Agreement dated
November 16, 1988. Accordingly , Exhibit A referred to in Paragraph 1 of the Connector 's
Agreement dated November 16 , 1988 , is hereby amended to include such additional area .
2 . Each and every other provision of the said Connector 's Agreement dated
November 16, 1988 , shall remain unchanged.
IN WITNESS WHEREOF, the parties have set their hands and seals this __ day of
________ , 19~
ATTEST:
CITY CLERK
(SEAL)
ATIEST:
(SEAL)
AKS\53380.091261569 .01
CITY OF ENGLEWOOD
By : _________ _
MAYOR
SOUTHGATE SANITATION DISTRICT,
ARAPAHOE AND DOUGLAS COUNTIES,
::L°ffi:~
Glen E. Neidert , President
EXHIBIT A
Lot 1, Block 5, Harbold Acres, County of Arapahoe, State of Colorado,
also known as and numbered 5690 S. Newport Street, Englewood, CO 80111.
AKS\53380.09\263575 .01
CHECKLIST
SANITATION DISTRICT INCLUSIONS
Current ground use: Single family residence
Proposed ground use: Single family residence
Existing zoning: R2.5
Proposed zoning: No change
Acreage: . 85 acres
Gravity sewer: Yes
Current owners: Eric S . Yaeger and Robin B. Kolsky Yaeger
Number of units : one
Map: See attached
A.KS\53380 .09 .7\265365 .01
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ATT. 3
COUNCIL COMMUNICATION
Date Agenda Item Subject
December 1, 1997 Mineral Park-N-Ride Right-
of-Way Agreement
INITIATED BY
Utilities Department
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
The Englewood Water and Sewer Board, at their November 18, 1997 meeting, recommended
Council approval of the proposed Right-of-Way Agreement with RTD for the Mineral Avenue
Park-N-Ride .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The proposed Right of-Way Agreement would allow RTD to enclose the City Ditch in 208
linear feet of 60" RCP and enclose 692 linear feet of 54" RCP for the RTD Park-N-Ride
located at Mineral Avenue and S . Santa Fe Dr. Precast tee manholes will be constructed for
cleanout purposes. In piping the City Ditch at this location , it enables RTD to use the site
more efficiently for additional parking. The pipe installation is for a section of the City Ditch
located north of Mineral and west of Santa Fe Dr.
The Licensee expressly assumes full and strict liability for any and all damages of every
nature to person or property caused by the point or points where the Licensee performs any
work in connection with the crossing provided by the Licensee. The City reserves the right to
make full use of the property necessary in the operation of the City. The City retains all rights
to operate, maintain, install, repair, remove or relocated any of its' facilities located within the
City's right-of-way.
FINANCIAL IMPACT
None
LIST OF ATTACHMENTS
Ordinance
Right-of-Way Agreement between the City of Englewood and RTD
Mineral Park-N-Ride Plan & Profile
MEMORANDUM
TO :
FROM:
DATE:
Colleen Cau~, Risk M~a,gq
/Stu Fonda, Director of U~es/
Dan Brotzman, City Attom1 ()
October 31, 1997 l ' L'
REGARDING: Notice of Claim -Michael Gesin.
ATT. 'I
Attached please find a copy of a Notice of Claim, which was received by the City Manager's
Office on October 29, 1997 by mail, from James D. Thorburn, attorney for Michael Gesin.
Claim alleges damages due to City taking land and providing access to the alley without
providing just compensation. Please process through CIRSA.
Attachment
CC: Lou Ellis
DB/nf
0'.
Printed on Recycled Paper. 8~
JAMES D. THORBURN
Chuck Easterly
City Manager
ATTORNEY AT LAW
October 21, 1997
City of Englewood
3400 South Elati Street
Englewood, Colorado 80110
RE: Michael Gesin
3605 South Bannock Street
Englewood, Colorado 80110
Dear Mr. Easterly:
This firm represents Michael Gesin. This matter has been
referred to our office after your City through its Water
Department, unilaterally redistributed private property along
Bannock Street without notice to its citizens. This notice is
being sent, in part, in accordance with C.R.S. § 24-10-101, et
seq.
Apparently, the Water Department has recently conducted a
survey of the property along Bannock Street. In this survey,
the Water Department and City concluded that property that has
been consistently used and shown in the public records as Mr.
Gesin's is now property of the City of Englewood and its Water
Department. From our research it appears that there is no
historical basis for such a claim of fee simple interest other
than the 1875 grant of right-of-way which, by its terms, would
not include the property apportioned to Mr. Gesin's property
decades ago. This confiscation has been done in violation of
C.R.S. § 38-1-101, et seq., and§ 38-6-101, et seq.
In addition, the City has unilaterally decided to
redistribute land to Mr. Gesin's neighbor Levis V. Musser and
Steven J. Wagner. This redistributed land is shown in the
public records as Mr. Gesin's and is the only access Mr. Gesin's
property has to the adjoining alley. The City has recently
issued a permit allowing Mr. Musser to construct a wall
eliminating Mr. Gesin's access to the alley.
3515 SOUTH TAMARAC DRIVE• SUITE 200 •DENVER• COLORADO• 80237
TELEPHONE : (303) 757-5000 • FACSIMILE : (303) 689-9627
800 EAST KIOWA AVENUE• P .O . BOX 1398
ELIZABETH• COLORADO • 80107
TELEPHONE : (303) 646-3482 • FACSIMILE : 646--1222
October 29 , 1997
Mr. Stewart Fonda, Chairman
fhonaLd :J daaut:dui
REAL ESTATE SER VICES
CITY OF ENGLEWOOD WATER BOARD
3400 South Elati St.
Englewood, CO. 80110
Dear Mr. Fonda:
RE : Request For Approval of Out of District Service
AT/. s
HAND DELIVERED
Kiewit Construction Company is the owner of a 7 .55 acre vacant land parcel which is located at the NWC of the
South Platte River and West Union Avenue (see attached aerial photograph) in the City of Sheridan, CO . I am a
commercial real estate broker employed to assist Kiewit facilitate this property 's sale. After almost one year 's
work, we have successfully negotiated a purchase and sale contract of this property to a local , family owned
landscape firm . The contract is subject to connecting municipal water service to the property since service is not
currently provided.
On the attached aerial photograph, I have illustrated the Kiewit property 's relative "isolation" from the city of
Denver waterrnains and the close proximity (approx . 130 ') to the existing city of Englewood waterrnain located in
West Union Avenue . You will note that this land parcel is bounded by the city of Englewood on the South, the
Englewood park on the West and the South Platte River on the East.
In meeting with Mr. James F . Culligan, Distributor Services Supervisor of The Denver Water Department we have
determined that the closest city of Denver watermain to the Kiewit property is located some thirteen hundred feet
east in West Union Avenue, which is east of the bridge over the South Platte River . Mr. Culligan advises us that if
water service were to be provided to the Kiewit property a twelve inch main would have to be constructed
suspending it from the bridge. As you can well imagine the cost is significant, especially since the Kiewit property
would not have a reasonable opportunity to recapture a partial cost from any future adjacent development, or
spread it over a significant sized land development. An engineer 's estimate for this work ranges from $185 ,000 to
$200 ,000 !
We then explored with Mr. Culligan the ability to tap into the existing seventy-two inch watermain located in the
right-of-way for West Quincy Avenue at a point west of the South Platte River . The location of the tap would be
some three thousand feet north of the Kiewit property and require, at a minimum, a thirty foot wide easement to
the property. We have petitioned the Colorado Water Conservation Board ("CWCB") for the required easement,
however our request was denied. We then explored locating the watermain extension within an easement on the
adjacent land parcel owned by Englewood. Our engineer estimated this cost would approach the above costs and
again there would be no opportunity to realise a partial cost reimbursement scenario as this land is designated for
park and open space.
Two weeks ago , Mr. Culligan and his associate, Mr. Crouch, Hydraulic Engineer met me at the property with their
maps showing the location of the twelve inch watermain in the intersection of South Federal Blvd. and West Union
Avenue and how this watermain could be extended some three thousand feet to the Kiewit property, a portion of
which would be in asphalt in West Union and a portion within land owned by Public Service Co . The engineer 's
bid for this work was also in the $185 ,000 to $200 ,000 range! And once again there would be no ability for a
partial cost reimbursement scenario.
2000 EAST 12TH AVE .. Sum #40 DENVER , CO 80206 303-321-1994 (24 HRS) FAX 303 -832 -2 541
Because of the prohibitive costs for any of the above three scenarios we have explored the possibility of annexing
the Kiewit property to the city of Englewood in order to tap into their eight inch watermain located in West Union
Avenue (approx . 130 ' from the Kiewit property}. We discovered the officials of the city of Englewood willing to
annex the Kiewit property, if the City of Sheridan would allow a disconnection. At the July 11 , 1997 City of
Sheridan City Council meeting they voted unanimously to deny disconnecting the Kiewit property. Their reasoning
was that they did not want to lose the possibility of realizing needed tax revenue and the possibility of a positive
economic development within the City of Sheridan from this proposed project.
The Kiewit land parcel has truly become an orphan as it relates to water service connection . We have
conscientiously examined any and all reasonable alternatives to provide water service and have discovered the costs
cannot reasonably be absorbed by one seven and on-half acre industrial land site.
Our alternative is to request your consideration to allow the Kiewit property to tap into the eight inch city of
Englewood watermain West Union Avenue. I understand this would require an out of district service agreement.
The Kiewit property 's peculiar location vis-a-vis the water districts ' service areas and being located at the extreme
edge of the City of Sheridan abutting the city of Englewood prompts this request and hoped for solution .
Thank you kindly for your attention to this matter. Please know that I am promptly available for any discussion you
may desire (office) 321-1994 .
Very truly,
DONALD J. SAAVEDRA
Donald J. Saavedra
Principal
cc : Mr. James F. Culligan
DENVER WATERBOARD
Mr. Paul E. White , Real Estate Manger
KIEWIT CONSTRUCTION COMPANY
Mr. David F . Tollefson, President
URBAN FARMER, INC .
,, AT1. '
~/,o/
LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT @~' 2900 S. Platte River Drive
Englewood, Colorado 80110
(303) 762-2600
FAX 762-2620 City of Littleton City of Englewood
MEMORANDUM
TO: Stu Fonda
FROM: Dennis Stowe \J ~
DATE: October 24 , 1997
SUBJECT: KQXI Radio Station
Radio Property Ventures operates a Christian radio station located on the site of the
Littleton/Englewood WWTP -KQXI (AM 1550). The station is on property leased by the cities to the
radio company. Attached is a site map for your reference.
We have experienced several problems at the plant that we believe are due to the proximity of the
broadcast tower:
Telephone interference -Station signals are picked up on the telephone system. This was a
problem with the plant system, but was eliminated when the new system was installed .
Apparently the animal shelter still experiences this problem.
Public address interference -The plant has a PA system for internal communication on the
site . Several of the five channels pick up the radio signal.
Construction 'interference' -The radio signal was being picked up by cranes operating on the
plant site. Apparently the metal lattice of the crane boom acted like a receiver. One
construction employee was shocked and the signal was actually received on the crane .
Corrective measures have been taken.
Car radio interference -Although not an issue with plant operation, the radio station does
interfere with several of the in-dash radios in plant vehicles.
There have also been some annoying problems with some plant electrical and control components .
There is no direct reason to suspect the radio signal, but we will be evaluating the tower as a potential
cause due to the other problems.
We will be scheduling a meeting with the Chief Engineer for the station to discuss the issue and
identify corrective actions , if needed. Station personnel have been very cooperative in the past. In the
case of the crane , additional grounding of the equipment was the solution. There may be other simple
solutions if the tower is actually the cause .
Radio Station
October 24, 1997
page two
The current problems are not interfering with our ability to comply with permit conditions.
Some radio station background:
DWS:cg
The radio station was on the property when it was purchased for the wastewater plant in the
early '70s. The tower was moved from the north portion of the plant to it's current location in
1992 to accommodate the Phase Ia construction project.
The current lease began in 1992 and is for a 15 year term. The cities may cancel the lease at
any time now with 24 months notice.
The rent for the property is $1, 100 per month, adjusted annually for increases in the CPI since
1996.
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ATT. 7
You are invited to a reception to meet Gary Sears,
Englewood 's new City Manager. The reception will be
Friday, November 14th from 4:30 p.m. to 6:30 p.m. at
the Malley Center, 3380 South Lincoin Street, in the
Multi-Purpose Room.
Please RSVP to Sue Bradshaw at 762-2311 by
November 12th.
See you there!
Englewood City Council
CHRISMAN BYNUM &JOHNSON
November 9, 1997
Evan D. Ela
City Of Thornton
9500 Civic Center Drive
Thornton, CO 80229
Re: 90CW221 -Attorneys Fees
Dear Mr. Ela:
CHRJSMAN, BYNUM & JOHNSON, P.C
AITORNEYS AND COUNSELORS AT LAW
1900 FIFTEENrn STREET
BOULDER, COLORADO 80302
TELEPHONE 303.546 .1300
FACSIMILE 303 .>H9.H26
Enclosed is a check from the City of Englewood ("Englewood") to the City of
Thornton ("Thornton") in the amount of thirteen thousand two hundred forty two and
77/100 dollars ($13,242.77). This check is in partial payment of the fees due from
the Englewood to the Thornton in Case No. 90CW221 as the result of the Court's
Order of August 29, 1996 ("Order") and is tendered based on our understanding of
the following as fully settling all amounts due under the Order:
1. Englewood and Thornton have agreed for purposes of settlement that
Englewood shall transfer to Thornton total consideration valued at twenty
five thousand dollars ($25,000.00) as payment of all amounts due under the
Order;
2. Thirteen thousand two hundred forty two and 77/100 dollars ($13,242.77) is
enclosed herewith;
3. The remaining eleven thousand seven hundred and fifty seven and 23/100
dollars ($11, 7 57 .23) shall be payable as follows:
(a) Englewood expects to receive eleven thousand seven hundred
and fifty seven and 23/100 dollars ($11,757.23) as payment of attorneys fees and
costs from Kiowa as a result of the Court's Order in Case No. 93CW151;
(b) Englewood expects to be paid in either cash or shares in the
Fulton Irrigating Ditch Company ("Shares");
·•
CHRISMAN BYNUM &JOHNSON
EvanD. Ela
November 9, 1997
Page 2
( c) Englewood will pay the remaining eleven thousand seven
hundred and fifty seven and 23/100 dollars ($11 ,757.23) due to Thornton at the time
that Englewood receives payment for its attorneys fees and costs from Kiowa in Case
No. 93CW151 or when it becomes clear that Englewood is unable to collect such
fees and costs-whichever occurs earlier;
( d) Englewood will transfer or arrange for the transfer to Thornton
of a quantity of Shares worth eleven thousand seven hundred and fifty seven and
23/100 dollars ($11,757.23) based upon the value per share agreed to by Englewood
and Kiowa in settlement of the amount due to Englewood in Case No. 93CW151 , or
Engiewood will pay Thornton eleven thousand seven hundred and fifty seven and
23 /100 dollars ($11 ,757.23) cash-provided, however, that any shares tendered in
payment of this obligation shall be subject to Thornton's approval.
If the above meets with your approval , please accept the check in partial payment and
give me a call so that we can draft a stipulation regarding this settlement to file with
the Court.
Very~ly yours ,
\ I ~-) / l,t_k · 2~/
\_)ack Grav es
cc: Stewart Fonda -------
DRAFT: 11/18/~7
ENGLEWOOD--CENTKNIUAL TEMPORARY A~
1. J;NTBODlICTION; PARTIES AND PURPOSES.
This Temporary Agreement is entered into and beoomes effective
on this day of , 1997, between the
CITY OF ENGLEWOOD, a Colorado municipal corporation
("Englewood"), and CENTENNIAL WATEFt AND SANlTATrON DISTRICT,
a Colorado quasi-municipal corporation ("Centennial 11 ) •
Englewood and Centennial are sometimes ref erred to
collectively herein as 11 the parties".
On the third day of November, 1980, Englewood and Mission
Viejo Company entered into an agreement, which became
effective January 1, l.981, entitled "Water supply Agreement"
whereby, among other thinga, Englewood was to supply water to
an area. owned by Mission Viejo Company known as Highlands
Ranch. Mission Viejo Company duly assigned its inte~est in
the Water Supply Agreement to Centennial, which is tbe
successor to Mission viej o company under t.he Water supply
Agreement and is bound by all the terms thereof.
Englewood and Centennial agree that the value of the Water
Supply Agreement could be enhanced by certain amendments or
clarifications or even by replacement with a new agreement.
(No attempt is made herein to enumerate, describe or resolve
the ways in which the water supply Agreement could be so
amended, clarified, or replaced.) The parties wish to enter
into this Temporary Agreement so as to ~stablish a basis for
cooperative actions between the two of them, while they work
together in an attempt to so amend, clarify, or replace the
Water Supply Agreement and to resolve other water supply
issues which are generally outlined below in Section 2.
2 • NB:GOTI'ATION SCHEDULE.
The parties agree to enter into and conduct good faith
negotiations to attempt to reach an agreement concerning the
following issues on the following scheduler
0·vc0 'd
Item/Agreements
Update, review, prioritization,
and discussion of .negotiation
issues and schedule
Schedule
December 1997
9ct>S61717 01 96l8 £t>v £0E1tl l3 CBAW3li IM S3SDW H::I 917: n lb' m: nDN
l.
City Ditch (including City Ditch
permanence and City Ditch Pump
Station improvements)
Nevada Ditch (including revision
of the Nevada Ditch Holding
Company bylaws and lease of
Englewood's Nevada Ditch capacity)
water deliveries (amount, price,
location, and timing under Water
Supply Agreement)
CWSD McLellan pump station
p'lanning, design and construction
coordination
McLellan and South Platte Lake
storage under Water Supply Agreement
and 8/3/77 water Lease and Management
Agreement)
Final agreement (incorporates
above items and other remaining
issues in one or more new or
revised agreements)
1st Quarter t~~8
2nd Quarter 1998
2nd Half 1998
During 19,9B
lst Quarter 1999
2nd Quarter 1999
Other issues may presently exist or may arise during the
course of negotiations. The parties' goal is to resolve all
issues (net just Water Supply Agreement issues) pending during
the course of negotiations.
3. MON'l'BLY SCBEPULB HATER DBL;tVERIES AND PRICE.
During the term of this Temporary Agreement, the following
provisions apply with respect to the water known in the Water
Supply Agreement as 11 Monthly Schedule Water 11 • Englewood shall
continue to deliver Monthly Schedule Water in accordance with
paragraphs 2.2 and 5.1 of the Water Supply Agreement.
Payments for Monthly Schedule Water shall continue according
to the schedule provided for in the Water Supply Agreement.
The price for deliveries of Monthly Schedule Water for the
duration of this Temporary Agreement ahall be $372. 00 per
acre-foot beginning on the first day of January, 1998 if this
agreement becom~s effective.
If tor any reason Englewood fails to deliver any part of the
Monthly Schedule Water in the amount and at the time and
location required by the Water Supply Agreement, Centennial
0't/£0"d 9ct:'S6M' 01 96l8 Et:'v £0Eltl 13 cf3)J.J3llIM S3SOW Cl.:! lv: H lb' Bt ()ON
shall not pay for the amount which is not so deli~ered; but
there shall be no reduction in the price paid for any Monthly
Schedule Water which is properly delivered. Englewood ahall
use good faith efforts to insure that Monthly Schedule Water
deliveries are uninterrupted. Englewood shall notify
Centennial as soon as possible of any problems in making such
deliveries.
4. 'l'HE 15.15% OF MCLELLAN STORAGE.
During the term of this Temporary Agreement, centennial shall
be entitled to th~ exclusive u~e of 15 .15% of the storage
capacity in McLellan Reservoir referred to in Paragraph 2.4 of
the Water Supply Agreement; provided, however, Englewood shall
have the right to use any unoccupied portion of said 15.15~.
After ~ix montha from the signing of this agreement, any such
portion of said 15 .15% used by Englewood shall be deemed
"spilled" it Centennial is subsequently i!.ble to fill such
portion. The water in storage in said is.is~ of the McLellan
Reservoir capacity as of the date thia agreement becomes
eftective shall be deemed to be held in the following
ownership percentage: 100\ by Englewood.
S. EN'GL:EWOOD' S TEMPORARY EXCESS WA.1'Ell1 St!'SP?i!NS!ON OF UN~CHKDULED
"1\.TER, 1'.DPITIONAL SQRPLUS WATEB AND BXTEA !!J.TER CATEGORIES.
During the term of this Temporary Agreement, the parties'
rights and obligations with respect to Unscheduled Water,
Additional Surplus Water, and l!!xtra Weiter "Ullder the Water
Supply Agreement are suspended and replaced by the following
terms and conditions with respect to delivering water known as
Englewood's Temporary Excess Water to Centennial.
Englewood's 11 '1'emporary Excess Water" means water which
Englewood does not need to supply its own municipal customers
or to provide the Monthly Sch~dule Water or other contractual
water delivery obligations. Some o! the Temporary Excess
Water is available by delivery to McLellan Reservoir via the
Highli:ne Canal. Some of the Temporary Excess Water is
available by di version into City Ditch at Chatfield Reservoir,
and pumping into McLellan Reservoir. Some of the Temporary
Exces~ Water is or will be available by pumping or exchange
from the McBroom Ditch terminus to Englewood's crnion Avenue
forebay, from there by pumping into City Ditch, for exchange
in the ditch upstream to the McLellan Reservoir pump station
a.nd some of the Temporary Excess Water is ava.ila.ble for
diversion at Union Avenue, pumping to City Ditch, and the
foregoing exchange in the ditch upstream to the McLellan
Reservoir pump station. .Some of the Temporary Excess Water is
'3ct:>S6vv 01 '36l8 £t:>v rn~"l:j l3 cB)J.GliIM S3SDW CJ~ lv: H l.£n BT ()ON
decreed for direct flow; some for direct flow or ~torage; and
some must be augmented, .Pursuant to a plan for augmentation.
Centennial will pay all pumping costs for any pumping
necessary to deliver to City Ditch Temporary Excess water
derived from sources at or near Union Avenue {including Bear
Creek water). Englewood will pay all other pumping costs.
Pumping costs will be reasonably calculated :by Englewood,
subject to audit and review by · Centennial, ·will be. billed
monthly, and will be pa.id in full 30 days from date of
Englewood invoice . If there is a diaput~ over pumping costs,
it will be resolved by arbitration as hereafter provided; but
Centennial shall pay in full, 3 o days from invoice date,
regardless of any dispute. Any amount refunded to Centennial
will bear interest at 6~ per i.!lilTI.Um from date paid until date
refunded.
If the Temporary Excess Water is augmented by Englewood, then
Centennial sh.all pay for the full amount of water delivered.
If the Temporary Excess Water is augmented by Centennial, then
Centennial shall pay only for the amount of Temporary Ex~eee
Water delivered which exceeds the augmentation water provided
by Centennial.
In addition to any applicable pumping costs, Centennial shall
pay $85 per acre-foot of Temporary Excess Water delivered
(subject to the adjustment for augmentation by Centennial
which is above provided for). Englewood will bill monthly,
and will be paid in full 30 days from date of invoice.
Centennial is not obligated to take any Temporary Excess
Water, and Englewood makes no warranty that Temporary Excess
Water will be available when requested by Centennial.
Centennial shall have exclusive first rights to u.se a.ny
available Temporary Excese Water.
The parties will work out a cooperative procedure whe~eby
Centennial notifies Englewood a~ far in advance as is readily
practical, of how much Temporary Excess Water Centennial
desires to take, in what quantities, and at what flow rates;
in turn, ~nglewood shall notify Centennial as far in advance
as is readily practical of how much Temporary Excess Water
gnglewood has available for delivery to Centennial, in what
~uantities, and at what flow rates. Englewood will nave the
first right to provide any necessary augmentation water; if
Englewood declines to provide augmentation water, then
Centennial may provide sa.me. Englewood will work out a
cooperati~e delivery procedure with Centennial. When
Centennial requests water, Englewood will endeavor to advise
4
'3Gt>S51717 01 '36l8 £t>v £0E1tl 13 ~W3liif'l S3SOW a:l lv: n l6' Bl'. nDN
promptly
and flow
vagaries
exchange
. ,
as to whether it anticipates the requested quantity
rate will be available, subject, of course, to the
of river conditions, calls, weather, available
capacity, and other such variables.
6. NO ATI'EMPTED CONPEMN'ATION or ENGLEWOOD'S FACILITIES.
centennial agrees that if during the term of this Temporary
Agreement Centennial attempts to condemn any property of
Englewood, including without limitation (1) contract rights,
(2) easements or rights-of-way, and {3) property in the name
of, or rights to use carriage capacity of, any mutual ditch
company in which Englewood awn~ ~hare~; which property ~o~ght
to be condemned is or may be used for the carriage or storage
of water by Englewood, then Englewood, at its election, may
terminate either or both the Water Supply Agreement and the
"Water Lease and Management Agraement 11 , origin2'1.lly entered
into between Englewood and the City of Thornton., dated
August 3, 1977 (the interests of the City of Thornton having
been conveyed to centennial by mesne conveyances) .
7. MO EFFECT ON WATER SUPPLY AGREEMENT,
This Temporary Agreement shall not amend, construe or
terminate the water supply Agreement. By entering into thia
Temporary Agreement, neither party waives any rights, or is
released from any obligations, which · it may have under the
Water supply Agreement. Neither party shall contend that the
other is guilty of laohes or w&iver in enforcing its rights
under the water supply Agreement because of any action which
is taken or not taken with respect to the Water Supply
Agreement whila this Temporary Agreement is in effect.
Failure to deliver Monthly Schedule Water during the Temporary
Agreement shall not be deemed to be such a failure under the
Water supply Agreement. The period during which this
Temporary Agreement is in effect shall not be counted in
determining whether any statute of limitations applies to any
breach or asserted breach of the Water Supply Agreement.
Neither party shall commence any action in any court
concerning the Water Supply Agreement while this Temporary
Agreement is in effect. Neither party shall take any action
to terminate or enforce the Water Supply Agreement while this
Temporary Agreement is in effect.
8. TERM A?D2 TERMINAT:ION OF THIS TIMPORARY AGRBBMEN'J'.
This Temporary Agreement shall become
day of ,
automatically terminate at the end of the
5
effective on the
1997, and ah~ll
day of
0't/'90 "d '3Gt:-S6vv 01 '36ffi £vv rnr""'ltl n CBJ..W3liIM s3sow H::l av: H lD. BT f'lDN
I .
, 2000, unless sooner terminated as
~~-.-.,,....--:--:..--~--.,..,.-~~ provided hereafter. Either party may terminate this Temporary
Agreement on the date whioh is 9D days after the day when a
written notice of termination ia delivered to the other party.
Opon termination of this Temporary Agreement, the parties
shall return to the Water Supply Agreement, consistent with
the understanding contained in the preceding paragraph, unless
the parties have entered into an amended water supply
agreement or have replaced it with a new one.
9. .ABB+'l'RATION.
Except as provided below, any and all disputes arising under
or related to this Agreement which cannot be resolved through
negotiations between the parties shall be submitted to binding
arbitration. If the parties fail-to reach a settlement of
their dispute within fifteen (l5} days after the earliest date
upon which one of the parties notified the other{s) of its
desire to attempt to resolve the dispute, then the dispute
shall be promptly submitted to arbitration by a single
arbitrator through the Judicial Arbiter Group, any successor
of the Judicial Arbiter Group, or any :ilimilar arbitration
provider who can provide a former judge to conduct such
arbitration if JAG is no longer in existenc~ ( 11 JAG 11 ) ". The
arbiter shall be selected by JAG on the basis, it possible, of
his or her expertise in the subject matter(s) of the dispute.
The decision of the arbitrator shall be final, nonappealable
and binding upon the parties, and it may be entered in any
court of competent jurisdiction. The arbitration shall take
place in the offices of the JAG. The arbitrator shall ba
bound by the laws of the State of Colorado applic~le to the
issues involved in the arbitration and all Colorado rules
relating to tha admissibility of evidence, including, without
limitation, all relevant privileges and the attorney work
product doctrine. All discovery shall he completed in
accordance with the time limitations prescribed in the
Colorado rules of civil procedure, unless otherwise agreed by
the parties or ordered by the arbitrator on the basis ot
strict necessity adequately demonstrated by the party
requesting an extension of time. The arbitrator shall have
the power to grant equitable relief where applicable under
Colora.do law, and shall be entitled to make an award of
punitive damages when applicable under Colorado law. The
arbitrator shall ieeue a written opinion setting forth his or
her decision and the reasons therefor within thirty (30} days
after the arbitration proceeding is concluded. The obligation
of th@ parties to submit any dispute arising under or related
to this Agreement to arbitration ~s provided in tnie Section
shall survive th~ expiration or earlier termination of this
6
Agreement. Notwithstanding the foregoing, either party may
seek and obtain an injunction or other appropriate reliaf from
a court to preserve or protect trademarks, tradenames,
copyright a, patents, trade .secrets or other intellectual
property or proprietary information or to preserve the status
quo with respect to any matter pending conclusion of the
arbitration proceeding, but no such application to a court
shall in any way be permitted to stay or otherwise impede the
progress of the arbitration proceeding.
In the event of any arbitration or litigation being filed or
instituted between the parties concerning thi~ Agreement, the
prevailing party will be entitled to receive from the other
party or parties its attorneys' fees, witness fees, costs '"1d
expenses, court costs and other reasonable expenses, whether
or not such controversy, claim or action is prosecuted to
judgment or other form of r~lief.
ATTEST;
ATTEST:
CITY OF ENGLEWOOD
CENT~NNIAL WATER AND SANITATION
DISTRICT
7
November 10, 1997
Mr. Stewart Fonda, Manager
Englewood Water Department
3400 South Elati St.
Englewood, CO . 8011 O
Dear Mr . Fonda :
~onatd J. ~aacrE-d'ta •
REAL ESTATE SER VICES
(VIA FAX & 1st Class Mail)
RE : Recent Request For "Out of District Service" -Kiewit Land Development Parcel
In my telephone conversation with Kiewit, after our recent meeting, I was informed that an official from the
city of Englewood 's Parks Department has, for the last eighteen months to two years been in contact with
Kiewit requesting an easement from Kiewit along their property 's westerly boundaryline .
It is my understanding that the purpose of this easement would be to stabilize the easterly bank of the
Centennial Park Lake and extend the existing bicycle and pedestrian path from the north . I am unsure of the
width of the requested easement (possibly 20' -30'), however the north/south length would be some
818.59' which would include 130 .28 ' of the Public Service Company's land parcel, adjacent to the Kiewit
property on its south to West Union Avenue .
Apparently, in the initial discussions with Kiewit , it was requested that Kiewit simply donate this land
parcel and in subsequent conversations structuring a purchase of it was proposed by the city of Englewood
official. Kiewit has been unwilling to do either .
However, I believe I can get Kiewit to donate this requested easement, in total, in exchange for the city of
Englewood Water Department's agreement to allow the Kiewit property to tap into the existing watermain
located in West Union Avenue. The cost of construction and installation of a watermain would be borne by
Kiewit .
Prior to our meeting, I have had discussions with Mr . Jim Culligan , Denver Water Department regarding
their agreeing to allow "out of district service" to the Kiewit property and I am left with the impression they
would be willing to do so .
2000 EAST 12TH AVE., SUITE #40 DEN VER, (Q 80206 303 -32 1-1994 (24 HRS ) FAX 303-832-254 1
Would this be a feasible scenario in an effort to allow the construction and development of the Kiewit
property ? Once you have had an opportunity to review this letter, may I cordially invite your telephone
with your thoughts ... thank you .
Very truly,
DONALD J. SAAVEDRA
DJS/kil
SUPPLEMENT NO. il.S_ TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY
OF ENGLEWOOD, acting by and through its duly authorized Mayor and City Clerk ,
hereinafter called the "City," and SOUTHGATE SANITATION DISTRICT, Arapahoe
and Douglas Counties, Colorado , hereinafter called the "District,"
WITNESSETH:
WHEREAS, on the 2oth day of June, 1961 , the City and the District
entered into an Agreement in which the City agreed to treat sewage originating from
the District's sanitary sewer system within the area served by the District, which
Agreement was most recently renewed by Connector's Agreement dated November
16 , 1988; and
WHEREAS, said Connector's Agreement provides that the district may
not enlarge its service area without the written consent of the City;
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings herein set forth , the parties agree as follows :
1. The City hereby consents to the inclusion of certain additional
area located in Douglas County , Colorado, owned by Parkway Realty Partners,
LLC and more fully described on Exhibit A attached hereto and incorporated herein
by reference, into Southgate Sanitation District. The City agrees that said additional
area may be served with the sewer facilities of the District , and that the City will treat
the sewage discharged into the City's trunk line from said additional area, all in
accordance with the Connector's Agreement dated November 16 , 1988.
Accordingly, Exhibit A referred to in Paragraph 1 of the Connector's Agreement
dated November 16 , 1988 , is hereby amended to include such additional area .
2 . Each and every other provision of the said Connector's
Agreement dated November 16 , 1988, shall remain unchanged .
IN WITNESS WHEREOF, the parties have set their hands and seals
this __ day of , 19_
AITEST:
CITY CLERK
(SEAL)
,1 AT~~~ ~ARY
(SEAL)
CITY OF ENGLEWOOD
By :----------
MAYOR
SOUTHGATE SANITATION DISTRICT,
ARAPAHOE AND DOUGLAS COUNTIES,
COLORADO
By :~,,~r
PRESIDENT
J
EXHIBIT A
Inclusion Description
Lots l & 3
A parcel ofland being a portion Lot l and Lot 3, both of Lone Tree Town Center, located in the
East Half of Section 5 and the Northwest Quarter of Section 4, both of Township 6 South, Range
67 West, of the Sixth Principal Meridian, City of Lone Tree, County of Douglas, State of
Colorado, being more particularly described as follows:
The bearings are based on the East line of Section 5, Township 6 South, Range 67 West,
monumented by a rebar with red plastic cap,(unreadable) at the intersection of said East line and
the westerly line of Lot 3, Lone Tree Town Center, and a 1.5" aluminum cap at the East Quarter
Comer of said Section 5, assumed to bear South 00°30'27" East.
Beginning at the East Quarter Comer of said Section 5;
Thence North 88°36'3 l" West, 308 .10 feet, along the southerly line of Lot 1, said Lone Tree Town
Center, to the southeasterly right-of-way of Quebec Street;
Thence along said southeasterly right-of-way and the arc of a non-tangent curve to the left, having
a radius of 1060 .00 feet, a central angle of 26°54'04", an arc length of 497.68 feet, whose
chord bears North 38°08'04" East, 493.12 feet, to the easterly line of said Section 5;
Thence South 00°30'27" East, 395.37 feet, along said easterly line to the Point of Beginning .
The above described parcel contains 51288 square feet (1.1774 acres) more or less .
wat-exb.lgl
'" I
:\.'.co
...... :'.!.. l\ .
. /"'.. ·, ' .... _ ... ...... ,
J
NE 1/4
SECTlON 5
le = 26 •54 '04"
R = 1060.00'
L = 497.68'
CD = N3a·oa'04"E
LC = 493.12'
/
/
/
Noo·30'27"w
6.59'
I
EXHIBIT
I
I
221.13'
N89"28' 34"E
NW 1 /4
SECTJON 4
LOT
3
N89"28'34"E 311 .00'
LOT
1
CENTER
0
0
0
N
N
LOT
3 4
cc
N .....
~
0 z
n cc
N cc
I"") LOT
2
3
CD
N
~
~
0 z
308.1 O' N88.36'31 "W EAST 1/4 CORNER
CURVE
C1
C2
~ C3
...J L
N -, r
I
DELTA RADIUS ARC I ENGTH
24"20 ' 16" 1060.00' 450.26 '
2·33•47" 1060.00' 47.42'
10·44'29" 1050.00' 196.85 '
NOTE :
THIS DOES NOT REPRESENT A MONUMENTED
SURVEY . IT IS INTENDED ON LY TO DEPICT
THE ATTACHED DESCRIPTION .
0 100 200
~~-L~----1
I SEC 5, T6S, R66W
I ALTAIR DRIVE
PARCEL CONTAINS: 51.288 SF 1.1774 N:.±
SOUTHGATE WATER DISTRICT
INCLUSION AREA -LOTS 1 &: 3
LONE TREE TOWN CENTER
SEC 4 &: 5, T6S, R66W
CALC: CJB 8-19-97 REV:
DRWN: CJB 8-19-97
SCAL E: 1" = 100 ' Page 2 of 2
ALBERTA DEVELOPMENT PARTNERS, LLC
1208 QUAIL STREET
LAKEWOOD, COWRAOO 80215
TELEPHONE 303 I 234-0273
FACSIMIU;.303 I 237-9868
:-September 25, 1997
Duane Tinsley
District Manager
Southgate Water and Sanitation District
3 722 East Orchard Road
Littleton, Colorado 80121
Re: Lots 1 & 3, Lone Tree Town Center
Dear Mr. Tinsley,
Pursuant to Bill Jennings referral letter dated April 25th enclosed is our requested for
inclusion into the district of the portions of the above property approximately 1. 177 4
acres, not previously included . The Planned Development as been approved by the city
with conditions and the plat has just been recently recorded . As soon as I receive an
updated title commitment I will forward it to you . Also , the sign easements referred to on
the enclosed plan were deleted per Mr. Jennings comments .
The property is proposed to be a retail center to include grocery, restaurants, and gas
stations. We are the process of finishing our site plan and will forward it to the district at
the appropriate time . The projected use would be about a 1 !/2 inch tap on each lot plus a
fire line of 8".
Should you have any questions please give me a call .
Sincerely,
/~//
Peter MC~~
Enclosure
REAL ESTATE ACQUISIDON, DEVELOPMENT AND INVES1MENT
PAUL R. COCKREL
JAMES P . COLLINS
ROBERT G. COLE
COLLINS AND COCKREL, P.C.
PAUL C . RUFIEN
THOMAS H. SHANLEY
Mayor Thomas J. Bums
ATTORNEYS AT LAW
390 UNION BOULEVARD , SUITE 400
DENVER , COLORADO 80228-1556
October 31, 1997
Mr. Jim Higday, Water and Sewer Board Member
Mr. Eugene Otis, Water and Sewer Board Member
Mr. Bill Vobejda, Water and Sewer Board Member
Mr. Grey Clark, Water and Sewer Board Member
Mr. Alex Habenicht, Water and Sewer Board Member
Ms. Mary Newmann, Water and Sewer Board Member
Mr. Matt Guy, Water and Sewer Board Member
Mr. Clyde Wiggins, Water and Sewer Board Member
Mr. Stu Fonda, Utilities Director
City of Englewood
3400 South Elati
Englewood, Colorado 80110
RE: Dissolution of Valley Water District and
Valley Sanitation District
Dear Mayor Bums, Board Members, and Mr. Fonda:
TELEPHONE
(303) 986-1551
WATS
(800) 354-5941
TELEFAX
(303) 986-1755
Per our discussion in late September, enclosed are the materials relating to a
proposed dissolution of the Valley Water District and the Valley Sanitation District.
These consist of a draft Plan for Dissolution, proposed Petition to the District Court, a
draft Court Order calling the Election, and draft Court Order dissolving the District.
Since the Valley Water District has essentially had a total service relationship for
at least the last seventeen years. There seems to be no reason for the continuation of a
District Board.
This arrangement for dissolution has worked very well at the Town of Gypsum,
the Town of Eagle, and the Town of Breckenridge. Enclosed are some of the Plans of
Dissolution and Court Orders relating to those district dissolutions. All of those
dissolutions involved at least some customers which were outside and remain outside of
the Town boundaries.
COLLINS AND COCKREL, P.C.
Mayor Bums
Water and Sewer Board Members
Stu Fonda, Utilities Director
October 31, 1997
Page 2
Admittedly, dissolution of the Valley Sanitation District is slightly more
complicated, in that the City of Englewood is not now as assured of the quality of the
sewer mains as it is aware of the water system. Hopefully, once the template for
dissolution is applied, we will be able to adequately demonstrate the reasons it should be
applied also to the Sanitation District.
I hope this is all helpful and clear in its presentation. On behalf of the Board of
both Districts, we welcome questions and the opportunity to appear before you again.
Sincerely,
_/_.. ··-------~SAND C ;;K:RE/ P .C.
(__,/,..-L. /-~ ,0-, ~-··· {_/' ,/· ~
. -.. -::.... 7 7 J c c C-.--z. "~ ~
--·-·7--·--·· · -James P. Col ·ns___ .. ·
Counsel to Valley Water District
/ and Valley Sanitation District
/ab
Enc.
cc: The Districts
AGREEMENT AND PLAN FOR DISSOLUTIO»
~ ~~~
THIS AGREEMENT AND PLAN FOR DISSOLUTION ("Agreement") is made
this _ day of , 1997, by and between the VALLEY WATER
DISTRICT, a quasi-municipal corporation and political subdivision of the State of
Colorado ("District"), and the CITY OF ENGLEWOOD, a home-rule municipal
corporation organized and existing pursuant to Article XX of the Colorado Constitution
("City"), collectively ("Parties").
RECITALS
WHEREAS, the District was organized pursuant to the provisions of Article 1,
Title 32, C.R.S., to provide water infrastructure within the jurisdictional boundaries of
the District; and
WHEREAS, the City is a home-rule municipal corporation organized and
existing pursuant to Article XX of the Colorado Constitution and is empowered by law
to acquire water treatment and distribution facilities so as to provide municipal water
service to its inhabitants; and
WHEREAS, the District's corporate boundaries consist of property located both
inside and outside of the corporate boundaries of the City, a depiction of which District
boundaries is attached as Exhibit A; and
WHEREAS, the City is now operating a municipal water system which serves
the District through the Total Service Contract, dated May 5, 1980 ("Total Service
Contract"), a copy of which is attached as Exhibit B, and believes that consolidation of
the water functions of the City with those currently being provided by the District would
assist in the avoidance of duplicative legal, accounting, auditing, msurance,
administration and other costs; and
WHEREAS, the District is willing to convey all of its interests in and to all of its
real and personal property used in the provision of water service to the City, to be used
to continue the District's operations; and
WHEREAS, the City is willing to acquire and receive all of said real and
personal property currently owned by the District and to continue the provision of water
service to the inhabitants of the District; and
WHEREAS, the City is willing to assume all obligations and rights of the District
relating to the provision of water service, but the Parties acknowledge that there is no
outstanding District debt or financial obligations; and
WHEREAS, the City is willing to continue the provision of water service to the
inhabitants of the District, which City-provided service is expected to be equal to or
better than the service currently provided by the District; and
WHEREAS, the District is dissolving and entering into this Agreement which
replaces the Total Service Contract, which action the Parties concede fulfills the City
and District obligations thereunder.
NOW, THEREFORE, the D istrict and the City agree as follows:
1. Review by Court; Effective Date. This Agreement is subject to the review
and approval of the District Court in and for the County of Arapahoe and State of
Colorado in Case No. 11424, and the executory provisions hereof are subject to
approval of the proposed dissolution at an election to be held by eligible electors of the
District. Therefore, the effective date of this Agreement will be the date upon which the
election results approving the dissolution of the District are confirmed by Order of the
District Court pursuant to the provisions of Section 32-1-707, C.R.S., or 12:00 midnight
on , 19 , whichever is later.
2. Conveyance of Property by District. District agrees to convey to the City
by appropriate and properly executed documents (i) all right, title and interest in and to
all property owned by the District, whether real or personal, including but not limited to
water mains, water service lines, curbstops, manholes, pumping facilities, water
treatment facilities, easements, rights of way, water rights, ditch rights, (ii) any and all
other real property owned by the District, (iii) all facilities or equipment appurtenant to
the aforementioned property, real or personal, and (iv) all other property of every
description owned by the District and used to provide water service to the inhabitants of
the District. A copy of the forms proposed to be used are attached'as Exhibit C.
3. Assignment of Rights and Assumption of Obligations. As of the effective
date of dissolution the District will assign, transfer and set over to the City each and all
of the District's rights, privileges, authorities and powers provided in all of the District's
current contractual obligations, if any, related to the provision of water service, and
maintenance of the facilities therefore. The City will assume and accept the same,
subject to the terms and provisions of such contractual obligations. A list of the
contracts to which the District is a party is marked Exhibit D, attached hereto and
2
incorporated herein by reference. As shown on Exhibit D, none of the contracts contain
financial obligations , as the District has no outstanding financial obligations. The
District will further delegate and assign to the City all of the District's rights and
obligations to provide services and the District's right and entitlement to receive from
customers of the District all outstanding amounts due and payable. The City will
assume and accept the same. The District shall pay to City any funds or assets in its
possession, which are expected to be minimal. Should some significant obligation of
the District of which the Parties are not currently aware become known within five ( 5)
years of the date of the dissolution of the District, the City shall have the right to petition
the Court, following notice to property owners of the District at the time of dissolution,
for authority to assess the cost of such obligation to the property within the District at
the time of dissolution.
4. Continuation of Service by City . The City will incorporate the operations
of the District into its municipal water system. In connection therewith, the City will
provide water service to real property located within the boundaries of the District
which is consistent with the operations of the City's water system within the corporate
boundaries of the City. Future capital improvements and system upgrades to the former
District's water system will be made by the City on the same basis as the City uses in
making such upgrades or improvements to its in-City water system.
5. Availability of Future Water Service . The City will continue the services
of the District by making available treated water from its municipal water system to all
property which is located within the boundaries of the District as of the date of this
Agreement, whether now vacant or currently receiving service. To the extent that a
portion of the property located within the District is also located outside of the corporate
boundaries of the City, this Agreement will constitute a contract to provide out-of-City
water service within the meaning of the Englewood City Code .
6. Water Rates.
6.1. In-City and Out-of-City Water Rates. Customers of the District
whose property is located within both the boundaries of District and the corporate
boundaries of City, as the boundaries of City change from time to time, will pay for
water service received from the City at the City's in-City water rate. Customers of the
District whose property is located outside the corporate boundaries of the City will pay
for water service received from the City at the City's out-of-City water rate. The out-of-
City water rate charged to District area customers will never exceed one and one-half
(1 Yz) times the in-City water rate.
3
6.2. Detennination of Single Family Equivalents --Water Fees. The
City and the District acknowledge that the City's base water fees are currently
calculated on the basis of the number of Single Family Equivalents (SFEs) assigned to
the property receiving such water service based upon the use of the property as currently
set forth in Section of the Englewood City Code. The number of
SFEs assigned to all properties located within the boundaries of the fonner District will
be determined by applicable City Ordinances in effect from time to time.
7. Tap Fees.
7.1. New Taps -Property Within Both City and District Boundaries.
There are no District pre-paid taps for any property located within both the boundaries
of the former District and the corporate boundaries of the City. Notwithstanding the
provisions of Section 7.2, below, in the future the owner of property which is located
within both the boundaries of the fonner District and the corporate boundaries of the
City as of the date of connection to the City's municipal water system may connect to
the City's water system upon payment to the City of a PIE at the City's in-City rate as
detennined by applicable City Ordinances in effect on the date such connection is made.
There is no limitation on the number of connections to be allowed by the City under
this Section 7 .1; although the Parties believe the District to be 100% built out.
7.2. New Taps -Property Outside City Boundaries but within District
Boundaries . The City will allow additional taps for the use by owners of properties
located within the boundaries of the fonner District but outside the boundaries of the
City as of the date of the connection to the City's municipal water system. Such
additional taps shall be at the City 's then-current out-of-City rate. Such connections
shall be made available by City on a first come, first served basis . The number of SFEs
required for any new taps sold by City under this Subparagraph 7. 2 will be detennined
by applicable City Ordinances in effect from time to time . Again, the Parties actually
believe the District to be 100% built out.
8. City Regulations. From and after the date of the dissolution of the District
customers whose property is located within the boundaries of the former District will be
bound by the City's ordinances, rules and regulations pertaining to the operation of the
City's municipal water system in effect from time to time to the extent such ordinances,
rules and regulations are not inconsistent with the terms of this Agreement. Such
regulations which are applicable to the former District will be substantially the same as
are applicable to in-City customers of the City's municipal water system.
4
9. District Employees. There are no employees of the District who will
continue their employment with the City following dissolution of the District. No
provision need be made with respect to employee retirement benefits.
10. Cash Balances. All funds remaining in the treasury of the District
following dissolution will be transferred to and will become the sole property of the
City. It is expected that such funds will approximate dollars
($ . Parties agree that the funds transferred to the City by the District will be
used by the City toward any liabilities which may arise.
11 . District to Cease to Exist; No Mill LeYY. On and after the date the Order
of the District Court is entered, pursuant to the provisions of §32-1-707, C.R.S., the
District will cease to exist for all purposes. From and after such date, the District will
not have the power to impose a mill levy on the taxable property located within the
boundaries of the former District.
12. Limitations on District Authority. From and after the date of this
Agreement (i) no additional property will be included within the boundaries of the
District, nor will the boundaries of the District be altered in any way, (ii) no new
contract to provide water service to property located outside the current boundaries of
the District will be entered into by the District, and (iii) no new debt or financial
obligation of any kind (other than obligations arising from the normal, day to day
operations of the District) will be incurred by the District without the prior written
consent of the City.
13. Certification of District as to Easements. The District hereby certifies to
the City that, to the best of its knowledge, information and belief, no substantial
inadequacies exist in the easements to be conveyed to City pursuant to this Agreement.
14. Protection of Directors. It is the intent of the City to release the Directors
of the District from any further li~bility (except for liability arising from the
malfeasance or intentional wrongdoing of such Directors).
15. Enforcement of Agreement. This Agreement may be enforced by any
owner of taxable real property located within the boundaries of the former District.
16. Mutual Cooperation. The District and the City mutually agree to
cooperate with one another to take such actions as are necessary to expedite the
dissolution of the District.
5
17. Binding Effect. The terms and conditions set forth in this Agreement shall
be binding upon and shall inure to the benefit of the District and the City, and their
respective successors and assigns.
18. Enforcement of Agreement. Every obligation assumed by or imposed
upon either party shall be enforceable by any appropriate action, petition or proceeding
at law or in equity.
19. Dissolution Not Approved. If the dissolution of the District is not
approved at the election, this Agreement shall be null and void and of no further force
and effect.
20. Entire Agreement. This Agreement constitutes the entire agreement
between the Parties concerning the subject matter hereof, except as specifically
supplemented by relevant statutory provisions.
6
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
ATTEST:
Secretary
ATTEST:
City Clerk
VALLEY WATER DISTRICT
By: _____________ _
President
CITY OF ENGLEWOOD, a
Colorado Municipal Corporation
By: ___________ _
__________ Mayor
7
EXHIBIT A
[DEPICTION OF DISTRICT BOUNDARIES)
EXHIBITB
([TOTAL SERVICE CONTRACT, ENTERED INTO ON MAY 5, 1980
BY AND BETWEEN
VALLEY SANITATION DISTRICT AND THE CITY OF ENGLEWOOD]
EXHIBITC
[PROPOSED CONVEYANCE FORMS]
EXHIBIT D
[LIST OF CONTRACTS TO WHICH DISTRICT IS A PARTY)
DISTRICT COURT, ARAPAHOE COUNTY, COLORADO
Civil Action No. 11424
PETITION AND PLAN FOR DISSOLUTION
IN THE MA TIER OF VALLEY WATER DISTRICT
The Board of Directors of the Valley Sanitation District, a quasi-municipal
corporation of the State of Colorado ("District"), by and through its attorneys, Collins and
Cockrel, P.C., respectfully relates unto the Court as follows:
That District has deemed it to be in the best interest of District that it be dissolved,
and hereby files this Petition pursuant to Section 32-1-701(1), C.R.S., initiating dissolution
proceedings.
That District has negotiated with the City of Englewood, Colorado ("City"), and
have arrived at an agreement on all terms and conditions of dissolution regarding the
continued provision of District's services by City, which Agreement is incorporated herein
by this reference and discussed further below.
That pursuant to Section 32-1-702( 4)(b )(II), C.R.S., District held a public hearing on
for the residents of the unincorporated area of District regarding the
provision of services to the unincorporated portion of District. The District Board finalized
and approved the Agreement between the City and District for the continuation of District's
services to this area, and adopted the Resolution attached hereto as Exhibit A and
incorporated herein by this reference.
The Board of Directors of Valley Water District, in support of this Petition, does
remit herein the following materials:
1. A general description of the District boundaries is attached hereto as Exhibit
B and incorporated herein by this reference.
2. A map of the District boundaries and extent of the territory within District is
attached hereto as Exhibit C and incorporated herein by this reference.
3. A current financial statement of the District for the year ending December 31,
1996, is attached hereto as Exhibit D and incorporated herein by this reference.
4. An Agreement and Plan for Dissolution between the City and District
("Agreement"), outlining a comprehensive plan for the disposition of District's assets and
for the provision of District's services is attached hereto as Exhibit E and incorporated
herein by this reference.
In further support of this Petition, the Board of Directors of Valley Water District
submits the following plan for the dissolution of District:
1. District was organized to provide water service within the jurisdictional
boundaries of the District. District has determined that the water service provided by
District is essential for the health, welfare, and safety of the residents of District. The
Agreement, the terms and conditions of which are incorporated herein, provides that the
water service of District will be continued by the City, essentially on the same terms and
conditions as said water service was provided by District, at the rates, charges and fees as
provided in the Agreement.
2. The existing Board of Directors of District shall not continue in office. The
Water and Sewer Board of the City o f Englewood shall serve as the Board of Directors of
Valley Water District only if necessary to finalize actions required of the District, such as
assignment of contracts and conveyance of property.
3. District has no financial obligations or outstanding bonds. All funds
remaining in the treasury of the District upon dissolution will be transferred to the City,
which amount is estimated ~o be approximately Dollars ($ ____ ~
4. District agrees to convey to City by appropriate and properly executed
documents all rights, title and interest in and to the property owned by District, whether real
or personal. District further agrees to assign, transfer and set over to City each and all of
District's rights, privileges and authorities and powers provided in all of District's current
contractual obligations relating to the provision of water service and maintenance of the
facilities, and in District's right to receive from customers outstanding amounts due and
payable.
'
5. This Petition and Plan for Dissolution has been approved by the Board of
Directors of Valley Water District at a special meeting held on ________ _
2
WHEREFORE, the Board of Directors of Valley Water District prays that this Court
initiate the dissolution proceedings in accordance with Section 32-1-701, et seq., C.R.S.
3
Respectfully submitted,
COLLINS AND COCKREL, P.C.
BY~~~~~~~~~~~~~
James P. Collins, No. 7958
390 Union Boulevard, Suite 400
Denver, Colorado 80228
(303) 986-1551
(800) 354-5941
Attorney for Valley Water District
EXHIBITA
Resolution of Board of Directors of
Valley Water District Boundaries
EXHIBITB
General Description of
Valley Water District Boundaries
EXHIBITC
Map of Valley Water District Boundaries
EXHIBITD
Audited Financial Statements for Fiscal Year 1996
EXIDBITE
Agreement and Plan for Dissolution Between
Valley Water District
and City of Englewood
DISTRICT COURT, ARAPAHOE COUNTY, COLORADO
Civil Action No. 11424
ORDER FOR DISSOLUTION ELECTION
IN RE THE MA TIER OF VALLEY WATER DISTRICT
THIS MA TIER having been heard on a Petition and Plan for Dissolution of Valley
Water District ("District"), pursuant to the provisions of Part 7, Article 1, Title 32, C.R.S.,
in Arapahoe County, Colorado, and the evidence in connection therewith having been
considered, and it appearing that the Petition and Plan for Dissolution of Valley Water
District are in conformity with said law, and that said Petition and Plan were duly presented
and filed; and
It further appearing that District's financial obligations and outstanding debt will be
adequately provided for through an adequate plan for payment of the financial obligations
and outstanding debt as contained in the Agreement and Plan for Dissolution between
District and the City of Englewood, Colorado, dated ; and
It further appearing that the Agreement and Plan for Dissolution adequately provide
for the continuation of District's services; and
It further appearing that proper Notice of Hearing on said Petition and Plan for
Dissolution was duly given as required by law, including due publication thereof in the
------------~ a newspaper of general circulation in District; and
It further appearing that the City of Englewood, Colorado, has provided a written
entry of appearance.
The Court being fully advised in the premises, ORDERS as follows:
1. That the question of dissolution of Valley Water District, subject to the terms
and conditions of the Agreement and Plan for Dissolution, shall be submitted to the electors
of District at an election to be held for that purpose in accordance with Articles 1 through
13, Title 1, C.R.S., and Part 8, Article 1, Title 32, C.R.S., on Tuesday, ______ _,
1998, between the hours of7:00 a.m. and 7:00 p.m. Said election shall be held as a polling
place election.
~kc.ord
,,
2. shall serve as the Designated Election Official on
behalf of District, with the authority and direction to proceed, in such capacity, with any
action necessary or appropriate to effectuate the provisions of this Order and all
constitutional and statutory provisions governing the conduct of this special election. This
shall include, but not be limited to, appointment of election judges and Board of
Canvassers; designation of polling place; and publication of the Notice of Election, which
Notice shall include a summary of the plan for dissolution and the place where a member of
the public may inspect or obtain a copy of the complete plan.
3. That the ballot content to be used in the election shall be substantially in the
form attached hereto as Exhibit A and incorporated herein by this reference.
4. That the Board of Canvassers for the District, as appointed by the Designated
Election Official, shall promptly certify the returns of the election to this Court.
DONE IN OPEN COURT this __ day of ______ , 19_
BY THE COURT:
District Court Judge
2
EXHIBIT A
QUESTION SA:
SHALL VALLEY WATER DISTRICT BE DISSOLVED PURSUANT TO
THE PETITION AND PLAN FOR DISSOLUTION FILED ___ _,
19_, IN CIVIL ACTION NO. 11424 IN THE ARAPAHOE COUNTY,
COLORADO, DISTRICT COURT, AND IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF THE AGREEMENT AND PLAN FOR
DISSOLUTION BETWEEN VALLEY WATER DISTRICT AND THE
CITY OF ENGLEWOOD, COLORADO, DATED ?
YES
NO
3
DISTRICT COURT, ARAPAHOE COUNTY, COLORADO
Case No. 11424
FINDINGS, ORDER, AND DECREE DISSOLVING DISTRICT
IN RE THE MATTER OF VALLEY WATER DISTRICT
This matter coming before the Court upon the filing of the Certificate of Election
by the Board of Directors of Valley Water District ("District"), which document relates to
an election held on the day of , 1998, pursuant to the Order for
Dissolution Election entered by this Court on , 19_, at which
election there was submitted to the qualified electors the question of the dissolution of
Valley Water District, Summit County, Colorado. Now this Court, having considered the
documentary evidence and being fully advised in the premises, does hereby FIND:
1. That the question of the dissolution of Valley Water District was duly
submitted to the qualified electors at an election duly held at the time and place specified
in said Order for Dissolution Election.
2. That the required Notice of Election was duly published in compliance with
said Order for Dissolution Election and in accordance with all statutory requirements.
3. That all of the ballots were cast at said election by qualified electors of the
District; and that the Board of Canvassers have duly certified their election returns to this
Court as required by law, which returns show the election results to be as follows:
SHALL VALLEY WATER DISTRICT BE DISSOLVED PURSUANT TO
THE PETITION AND PLAN FOR DISSOLUTION FILED
____ , 19 , IN CIVIL ACTION NO. 11424 IN THE
ARAP APHOE COUNTY, COLORADO, DISTRICT COURT, AND IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE
AGREEMENT AND PLAN FOR DISSOLUTION BETWEEN VALLEY
WATER DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO,
DATED , 19_?
Number of votes FOR:
Number of votes AGAINST:
4. That a majority of the votes cast at said election were in favor of the
dissolution of Valley Water District.
5. That said election was held in accordance with the provisions of Articles 1
through 13, Title 1, C.R.S. and Part 8, Article 1, Title 32, C.R.S., and all of the provisions
of the law, and more particularly all of the requirements of Article 1, Title 32, C.R.S.,
have been complied with, met, and performed in the dissolution of District.
The Court being fully advised in this matter, it is therefore ORDERED,
ADJUDGED, AND DECREED that:
6. This Court has jurisdiction m all matters pertaining to this action as
provided by law.
7. The Certificate of Election filed herein hereby is, in all respects, approved
and confirmed.
8. Valley Water District is hereby declared to be dissolved as of 12:00
midnight, , 1998, in accordance with the terms and provisions
of the Agreement and Plan for Dissolution, dated , between Valley
Water District and the City of Englewood ("Plan"), a copy of which is on file with the
Clerk of this Court and is incorporated herein by this reference.
9. As provided in the Plan, the City of Englewood ("City") shall assume and
pay all outstanding indebtedness and financial obligations of District, which financial
provisions are incorporated herein.
10. As provided in the Plan, the City shall assume and continue to provide the
water service to the inhabitants of District, which service provisions are incorporated
herein.
11. The Court retains jurisdiction over dissolution for the purpose of
considering the modification and/or performance of any agreement(s) relating to the
continuation of services now provided by District.
12. District shall transmit to the Summit County Clerk and Recorder, a certified
copy of this Findings, Order, and Decree Dissolving District. The same shall be recorded
by the Arapahoe County Clerk and Recorder and shall be filed with the Division of Local
Government.
2
DONE this ___ day of _______ , 19_.
BY THE COURT:
District Court Judge
3
...
DISTRICT COURT, SUMMIT COUNTY, COLORADO
Case No. 2487
FINDINGS, ORDER, AND DECREE DISSOLVING DISTRICT
IN RE THE MATTER OF BLUE RIVER WATER DISTRICT
,.,, ·-•r:i Coun
: (',_·,, li\I TY
This matter coming before the Court upon the filing of the Certificate of Election
by the Board of Directors of Blue River Water District ("District"), which document
relates to an election held on the 7th day of November, 1995, pursuant to the Order for
Dissolution Election entered by this Court on September 5, 1995, at ·which election there
was submitted to the qualified electors the question of the dissolution of Blue River Water
District, Summit County, Colorado. Now this Court, having considered the documentary
evidence and being fully advised in the premises, does hereby FIND:
1. That the question of the dissolution of Blue River Water District was duly
submitted to the qualified electors at an election duly held at the time and place specified
in said Order for Dissolution Election.
2. That the required Notice of Election was duly published in compli~ce with
said Order for Dissolution Election and in accordance with all statutory requirements.
3. That all of the ballots were cast at said election by qualified electors of the
District; and that the Board of Canvassers have duly certified their election returns to this
Court as required by law, which returns show the election results to be as follows:
SHALL BLUE RIVER WATER DISTRICT BE DISSOLVED PURSUANT
TO THE PETITION AND PLAN FOR DISSOLUTION FILED AUGUST
15, 1995 IN CIVIL ACTION NO. 2487 IN 1HE SUMMIT COUNTY,
COLO_~O, DISTRICT COURT, AND IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF 1HE AGREEMENT AND PLAN FOR
DISSOLUTION BETWEEN BLUE RIVER WATER DISTRICT AND THE
TOWN OF BRECKENRIDGE, COLORADO, DATED AUGUST 8, 1995?
Number of votes FOR:
Number of votes AGAINST_:
Two Hundred Ninety-Eight (298)
Twenty-Five (25)
4. That a majority of the votes cast at said election were in favor of the
dissolution of Blue River Water District.
« . -
5. That said election was held in accordance with the provisions of Articles 1
through 13, Title 1, C.R.S. and Part 8, Article 1, Title 32, C.R.S., and all of the provisions
of the law, and more particularly all of the requirements of Article 1, Title 32, C.R.S.,
have been complied with, met, and performed in the dissolution of District.
The Court being fully advised in this matter, it is therefore ORDERED,
ADJUDGED, AND DECREED that:
6. This Court has jurisdiction in all matters pertaining to this action as provided
by law.
7. The Certificate of Election filed herein hereby is, in all respects, approved
and confirmed.
8. Blue River Water District is hereby declared to be dissolved as of 12:00
midnight, December 31, 1995, in accordance with the terms and provisions of the
Agreement and Plan for Dissolution, dated August 8, 1995, between Blue River Water
District and the Town of Breckenridge ("Plan"), a copy of which is on file with the Clerk
of this Court and is incorporated herein by this reference.
9. As provided in the Plan, the Town of Breckenridge ("Town") shall assume
and pay all outstanding indebtedness and financial obligations of District, which financial
provisions are incorporated herein.
10. As provided in the Plan, the Town shall assume and continue to provide the
water service to the inhabitants of District, which service provisions are incorporated
herein. ·
11. The Court retains jurisdiction over dissolution for the purpose of considering
the modification and/or performance of any agreement(s) relating to the continuation of
services now provided by District.
12. District shall transmit to the Summit County Clerk and Recorder, a certified
copy of this Findings, Order, and Decree Dissolving District. The same shall be recorded
by the Summit County Clerk and Recorder and shall be filed with the Division of Local
Government.
DONE this 3 o-th day of (LrurefbJ:lo ! I ' 1995.
D1stnct Court Judge ·. ·. v ·.. ~ · .
. · ' r . ;·· ...... .
. '~ " .' '·' ~
..
!,.---<:·
t-0·) ~.~_:; ) DISTRICT COURT, EAGLE COUNTY, COLORADO rt> Case No . CA1309
J
FINDINGS, ORDER, AND DECREE DISSOLVING DISTRICT
IN RE THE MATTER OF EAGLE SANITATION DISTRICT
This matter coming before the Court upon the filing of the Board of Canvassers
Certificate of Election Results by the Board of Directors of the Eagle Sanitation District
("District"), which document relates to . an election held on the 8th day of November, 1994,
pursuant to the Order for Dissolution Election entered by this Court on August 17, 1994, at
which election there was submitted to the qualified electors the question of the dissolution of
Eagle Sanitation District, Eagle County, Colorado. Now this Court, having considered the
documentary evidence and being fully advised in the premises, does hereby FIND:
1. That the question of the dissolution of Eagle Sanitation District was duly
submitted to the qualified elector,s at an election duly held at the time and place specified in
said Order for Dissolution Election.
2. That the required Notice of Election was duly published in compliance with said
Order for Dissolution Election and in accordance with all statutory requirements.
3. That all of the ballots were cast at said election by qualified electors of the
District; and that the Board of Canvassers have duly certified their election returns to this Court
as required by law, which returns show the election results to be as follows:
QUESTION 5-B
SHALL THE EAGLE SANITATION DISTRICT BE DISSOLVED PURSUANT TO THE
PETITION AND PLAN FOR DISSOLUTION FILED JULY 29, 1994 IN CIVIL ACTION
NO. CA1309 IN THE EAGLE COUNTY, COLORADO, DISTRlCT COL1R.T, AND IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT AND
PLAN FOR DISSOLUTION BETWEEN THE EAGLE SANITATION DISTRICT AND THE
TOWN OF EAGLE, COLORADO, DATED AUGUST 9, 1994?
Number of votes FOR: Four Hundred Forty ( 440)
Number of votes AGAINST: One Hundred Fifty Two (152)
4. That a majority of the votes cast at said election were in favor of the dissolution
of the Eagle Sanitation District.
I [~_.:,
C ·
0
0
({)
0
B-657 P-679 12/21/94 02:05P PG 1 OF 3
Eagle County Clerk & Recorder
REC
15.00
DOC
553711
Sara J. Fisher
•.
5. That said election was held in accordance with the provisions of Articles 1
through 13, Title 1, C.R.S. and Part 8, Article 1, Title 32 , C.R.S., and all of the provisions of
the law, and more particularly all of the requirements of Article 1, Title 32, C.R.S., have been
complied with, met , and performed in the dissolution of the District.
The Court being fully advised in this matter, it is therefore ORDERED, ADJUDGED,
AND DECREED that:
6. This Court has jurisdiction in all matters pertaining to this action as provided by
law.
7. The Board of Canvassers Certificate of Election Results filed herein hereby are,
in all respects , approved and confirmed.
8. The Eagle Sanitation District is hereby; declared to be dissolved as of 12:00
midnight, December 31, 1994, in accordance with the terms and provisions of the Agreement
and Plan for Dissolution, dated August 9, 1994, between the Eagle Sanitation District and the
Town of Eagle ("Plari"), a copy of which is on file with the Clerk of this Court and is
incorporated herein by this reference.
9. The District shall continue in existence for the purpose of the payment of
existing outstanding bonded indebtedness, as provided in the Plan, which financial provisions
are incorporated herein.
10. The Court hereby appoints the Board of Trustees of the Town of Eagle,
Colorado, as the District 's Board of Directors to carry out the provisions of the Plan.
11. The Court-appointed Board shall be responsible for sett\ng rates, tolls , fees, or
charges and certifying to the Board of County Commissioners the amount of revenue to be
raised by the annual mill levy of the District necessary for payment of the District's
outstanding bonded indebtedness.
12. The Court-appointed Board may continue in existence for the purpose of assuring
the performance of any agreement(s), including negotiations relating to any future
modifications of any agreement(s), relating to the continuation of services now provided by the
District, in accordance with the Plan, which service provisions are incorporated herein.
13. The Court retains jurisdiction over dissolution for the purpose of considering the
modification and/or performance of any agreement(s) relating to the continuation of services
now provided by the District.
14. The District shall transmit to the Eagle County Clerk and Recorder , a certified
copy of this Findings, Order, and Decree Dissolving District. The same shall be recorded by
the Eagle County Clerk and Recorder and shall be filed with the Division of Local
Government.
553711 B-657 P-679 12/21/94 02:05P PG 2 OF 3
1'l. r~
DONE this .J day of \:)~ '1994.
BY THE COURT:
I&/ RICHARD H. HART
District Court Judge
553711 B-657 P-679 12/21/94 02:05P PG 3 OF 3
DISTRICT COURT, EAGLE COUNTY, COLORADO
Case No. 1310
FINDINGS, ORDER AND DECREE DISSOLVING DISTRICT
IN RE THE DISSOLUTION OF THE GYPSUM SANITATION DISTRICT,
EAGLE COUNTY, COLORADO
This matter comes for hearing upon the Judges' Certifi-
cate of Election Returns, filed by the judges of election
heretofore appointed, and upon the Board of Directors' Cer-
tificate of Election Returns, filed by the Gypsum Sanitation·
District Board of Directors, which documents relate to an
election held on the 11th day of December, 1984, pursuant to
the Petition for Dissolution Proceedings filed by the Board
of Directors· of the Gypsum Sanitation District, and the
Order Calling Election on Dissolution, entered by this Court
on the 29th day of October, 1984. Now this Court, having
considered the documentary evidence, and being fully advised
in the premises~ does hereby FIND:
1. That the required Notice of Election on Dissolu-
tion was duly published in compliance with said Order Calling
Election on Dissolution, and in accordance with statutory
requirements.
2. That the question of the dissolution of the Gypsum
Sanitation District was duly submitted to the qualified
electors at an election duly held at the time and place
identified in said Order Calling Election on Dissolution, as
certified by the judges of election.
3. That all of the ballots were cast at said election
by qualified electors of the District; that the judges of
the election and the Board of Directors of the District have
certified their election returns to this Court, which re-
turns show the election results to be .as follows:
FOR the dissolution of the Gypsum Sanitation District:
Forty-Five ( 45 )
AGAINST the dissolution of the Gypsum Sanitation Dis~
trict: .
Five 5 )
TOTAL VOTES CAST:
Fifty ( 50 )
4. That a majority of the votes cast at said election
are in favor of the dissolution of the Gypsum Sanitation
District.
5. That said election was held in accordance with the
provisions of Part 8 of Article 1, Title 32, C.R.S., as
amended, and all of the provisions of law, and more partic-
ularly all of the requirements of Article 1, Title 32,
C.R.S., as amended, have been complied with, met, and per-
formed in the dissolution of the District.
The Court being fully advised in this matter, it is
therefore ORDERED, ADJUDGED AND DECREED:
6. That this Court has jurisdiction in all matters
pertaining to this action as required by law.
7. That the Judges' and Board of Directors' Certifi-
cates of Election Returns filed herein~ hereby are, in all
respects, approved and confirmed.
8. That the Gypsum Sanitation District is hereby
declared to be dissolved as of 12:00 midnight, December 31,
1984, in accordance with that certain Agreement and Plan for
Dissolution, dated September 12, 1984, between the Gypsum
Sanitation District and Town of Gypsum, a copy of which is
on file with the Court and is incorporated into this
Findings, Order and Decree by this reference.
DONE IN OPEN COURT THIS 19TH DAY OF DECEMBER, 1984.
DISTRICT COURT
Eagle County, Colorado
Certified to be full, true and correct
copy of ~e original in my custody.
Date ... ,LJJ~"it.~ /q /LP.-P'</ WJuwA ··/-·l'··-./.j_.""'7 ···-····························-~~~M!PL.~-----
crerk
qv •.• ;.~.J:;a.-J.~ ... /L.-L£.'-£C
Deputy~lerk
BY THE COURT:
/..s/ _Richard H. Hart
District Judge
...
A .
AGREEMENT AND PLAN FOR DISSOLUTION
THIS AGREEMENT AND PLAN FOR DISSOLUTION ("Agreement") is made
this d(..,iHday of AvG US7 , 1997, by and between the WOODMOOR AT
BRECKENRIDGE WATER AND SANITATION DISTRICT, a quasi-municipal
corporation and political subdivision of the State of Colorado ("District"), and the TOWN
OF BRECKENRIDGE, a home-rule municipal corporation organized and existing pursuant
to Article XX of the Colorado Constitution ("Town"), collectively ("Parties").
RECITALS
WHEREAS, the District was organized pursuant to the provisions of Article I, Title
32, C.R.S., to provide water service and wastewater collection and treatment within the
jurisdictional boundaries of the District and subsequently dissolved District's wastewater
function into Breckenridge Sanitation District; and
WHEREAS, the Town is a home-rule municipal corporation organized and existing
pursuant to Article XX of the Colorado Constitution and is empowered by law to acquire
· -water treatment and distribution facilities so as to provide municipal water service to its
inhabitants; and
WHEREAS, the District's corporate boundaries consist of property located outside
of the corporate boundaries of the Town, a depiction of which District boundaries is
attached as Exhibit A; and
WHEREAS, the Town is now operating a municipal water system which serves the
District through the Water Purchase Agreement, dated October I, 1973 (the "Water
Purchase Agreement"), a copy of which is attached as Exhibit B, and believes that
consolidation of the water functions of the Town with those currently being provided by the
District would assist in the avoidance of duplicative legal, accol.lnting, auditing, insurance,
administration and other costs; and
WHEREAS, the District is willing to convey all of its interests in and to all of its real
and personal property used in the provision of water service to the Town, to be used to
continue the District's operations; and
1
WHEREAS, the Town is willing to acquire and receive all of said real and personal
property currently owned by the District and to assume and continue the provision of water
service to the inhabitants of the District; and
WHEREAS, the Town is willing to assume all obligations and rights of the District
relating to the provision of water service; but the Parties acknowledge that there is no
outstanding District debt; and
WHEREAS, the Town is willing to continue the provision of water service to the
inhabitants of the District, which Town-provided service is expected to be equal to or better
than the service currently provided to the District; and
WHEREAS, the District is dissolving and entering into this Agreement pursuant to
the terms of Article V.B. of the Water Purchase Agreement, which action the Parties
concede fulfills the Town and District obligations thereunder.
NOW, THEREFORE, the District and the Town agree as follows:
1. Review by Court: Effective Date. This Agreement is subject to the review and
approval of the District Court in and for the County of Summit and State of Colorado in
Civil Action No. 2547, and the executory provisions hereof are subject to approval of the
proposed dissolution at an election to be held by eligible electors of the District. Therefore,
the effective date of this Agreement will be the date upon which the election results
approving the dissolution of the District are confirmed by Order of the District Court
pursuant to the provisions of Section 32-1-707,. C.R.S., or 12:00 midnig!J.t on December 31,
1997, whichever is later.
2. Conveyance of Property by District. District agrees to convey to the Town by
appropriate and properly executed documents (i) all right, title and interest in and to all
property owned by the District, whether real or personal, including but not limited to water
mains, water service lines, curbstops, manholes, pumping facilities, water treatment
facilities, easements, rights of way, water rights, ditch rights, (ii) any and all other real
property owned by the District, (iii) all facilities or equipment appurtenant to the
aforementioned property, real or personal, and (iv) all other property of every .description
owned by the District and used to provide water service to the inhabitants of the District.
A copy of the forms proposed to be used are attached as Exhibit C. District shall further
execute such documents as may be necessary to transfer to Town any United States Forest
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Service permits currently held by District with respect to its facilities.
3. Assignment of Rights and Assumption of Obligations. As of the effective date
of dissolution the District will assign, transfer and set over to the Town each and all of the
District's rights, privileges, authorities and powers provided in all of the District's current
contractual obligations, if any, related to the provision of water service, and maintenance
of the facilities therefore. The Town will assume and accept the same, subject to the terms
and provisions of such contractual obligations. A list of the contracts to which the District
is a party is marked Exhibit D, attached hereto and incorporated herein by reference. As
shown on Exhibit D, none of the contracts contain financial obligations, as the District has
no outstanding financial obligations. The District will further delegate and assign to the
Town all of the District's rights and obligations to provide services and the District's right
and entitlement to receive from customers of the District all outstanding amounts due and
payable. The Town will assume and accept the same. The District shall pay to Town
$10,000, which monies shall be used toward the payment of any unexpected liabilities that
may occur. The balance of funds shall be reimbursed to District property owners prior to
dissolution. Should some significant obligation of the District of which the Parties are not
currently aware become known within five (5) years of the date of the dissolution of the
District, the Town shall have the right to petition the Court, following notice to property
owners of the District at the time of dissolution, for authority to assess the cost of such
obligation to the property within the District at the time of dissolution.
4. Continuation of Service by Town. The Town will incorporate the operations of
the District into its municipal water system. In connection therewith, the Town will provide
water service to real property located within the boundaries of the District which is
consistent with the operations of the Town's water system within the corporate boundaries
of the Town. Future capital improvements and system upgrades to the former District's
water system will be made by the Town on the same basis as the Town uses in making such
upgrades or improvements to its in-Town water system.
5. Availability of Future Water Service. The Town will continue the services of the
District by making available treated water from its municipal water system to all property
which is located within the boundaries of the District as of the date of this Agreement,
whether now vacant or currently receiving service. To the extent that a portion of the
property located within the District is also located outside of the corporate boundaries of
the Town, this Agreement will constitute a contract to provide out-of-town water service
within the meaning of Section 12-3-3 of the Breckenridge Town Code.
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6. Water Rates.
6.1. In-Town and Out-of-Town Water Rates. Customers of the District
whose property is located within both the boundaries of District and the corporate
boundaries of Town, as the boundaries of Town change from time to time, will pay for
water service received from the Town at the Town's in-Town water rate. Customers of the
District whose property is located outside the corporate boundaries of the Town will pay
for water service received from the Town at the Town's out-of-Town water rate. The out-
of-Town water rate charged to District area customers will never exceed one and one-half
(1 Yi) times the in-Town water rate.
6.2. Determination of Single Family Equivalents --Water Fees. The
Town and the District acknowledge that the Town's base water fees are currently calculated
on the basis of the number of Single Family Equivalents (SFEs) assigned to the property
receiving such water service based upon the use of the property as currently set forth in
Section 12-2-21-4 of the Breckenridge Town Code. The number of SFEs assigned to all
properties located within the boundaries of the former District will be determined by
applicable Town Ordinances in effect from time to time; provided, however, that until
January 1, 2001 the Town will calculate base water fees for those properties located within
the boundaries of the former District for which a water tap was purchased from the District
and assigned to a specific tract, parcel or lot of land prior to the date of this Agreement by
using the number of SFEs assigned to such properties pursuant to the District's regulations
which were in effect as of the date of this Agreement. Commencing January 1, 2001, the
number of SFEs assigned to those properties using the number of SFEs assigned by the
District's regulations shall be increased or decreased, as the case may be, to bring such
number of SFEs into compliance with the applicable Town Ordinances then in effect, with
an accompanying adjustment in the water rates paid by the owners of such properties.
7. Tap i;:ees.
7.1. Payment of Town Plant Investment Fees.
7.1.1. Town to Honor Pre-Paid Taps. Town will honor those 82.11
taps previously sold by District and assigned to a specific tract, parcel or lot of land within
the District boundaries prior to the date of this Agreement (as identified on the attached
Exhibit E) by crediting the number of SFEs evidenced by each individual pre-paid tap
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(according to the District's regulations in effect as of the date of this Agreement) against
the total number of SFEs required for each property in connection with the calculation of
the applicable Town's out-of Town tap fee (called a "Plant Investment Fee" or PIF under
applicable Town Ordinances). The owners of properties for which such pre-paid taps have
been purchased may connect to the Town's water system upon the payment to the Town
of the applicable out-of Town PIF (calculated giving credit for the pre-paid tap as provided
above), plus the applicable Town connection fee.
7.1.2. New Taps -Property Within Both Town and District
Boundaries. There are no District pre-paid taps for any property located within both the
boundaries of the former District and the corporate boundaries of the Town.
Notwithstanding the provisions of Section 7.1.3, below, in the future the owner of property
which is located within both the boundaries of the former District and the corporate
boundaries of the Town as of the date of connection to the Town's municipal water system
may connect to the Town's water system upon payment to the Town of a PIF at the Town's
in-Town rate as determined by applicable Town Ordinances in effect on the date such
connection is made. There is no limitation on the number of connections to be allowed by
the Town under this Section 7.1.2.
7.1.3. New Taps -Property Outside Town Boundaries but within
District Boundaries. In addition to those taps referred to in Section 7 .1.1 and 7 .1.2, the
Town will allow additional taps totaling a maximum of 137.64 SFEs for the use by owners
of properties located within the boundaries of the former District but outside the boundaries
of the Town as of the date of the connection to the Town's municipal water system. Until
January 1, 2001, the PIF for such additional taps shall be Three Thousand Dollars
($3,000.00) per SFE; on and after January 1, 2001, the PIF for such additional taps shall be
the Town's then-current out-of-Town PIF rate. Such connections shall be made available
by Town on a first come, first served basis; provided, however, that the Town's obligation
to provide water taps under this Section 7 .1.3 shall cease when all 13 7 .64 SFEs as described
above have been sold by the Town. The out-of-Town Plant Investment Fee charged by the
Town for property located within the boundaries of the former District as of the date of this
Agreement will never exceed two (2) times the in-Town rate [the current out-of-Town rate
is Five Thousand Five Hundred Fifty Dollars ($5,550)]. The number of SFEs required for
any new taps sold by Town under this Subparagraph 7 .1.3. will be determined by applicable
Town Ordinances in effect from time to time.
8. Town Regulations. From and after the date of the dissolution of the District
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customers whose property is located within the boundaries of the former District will be
bound by the Town's ordinances, rules and regulations pertaining to the operation of the
Town's municipal water system in effect from time to time to the extent such ordinances,
rules and regulations are not inconsistent with the terms of this Agreement. Such
regulations which are applicable to the former District will be substantially the same as are
applicable to in-Town customers of the Town's municipal water system.
9. District Employees. There are no employees of the District who will continue
their employment with the Town following dissolution of the District. No provision need
be made with respect to employee retirement benefits.
10. Cash Balances. All funds remaining in the treasury of the District
following dissolution will be transferred to and will become the sole property of the Town.
It is expected that such funds will approximate ten thousand dollars ($10,000). Parties
agree that the funds transferred to the Town by the District will be used by the Town toward
any liabilities which may arise.
11. District to Cease to Exist; No Mill Levy. On and after the date the Order
of the District Court is entered, pursuant to the provisions of §32-1-707, C.R.S., the District
will cease to exist for all purposes. From and after such date, the District will not have the
power to impose a mill levy on the taxable property located within the boundaries of the
former District.
12. Limitations on District Authority. From and after the date of this
Agreement (i) no additional property will be included within the boundaries of the District,
nor will the boundaries of the District be altered in any way, (ii) no new contract to provide
water and sanitary sewer service to property located outside the current boundaries of the
District will be entered into by the District, and (iii) no new debt or financial obligation of
any kind (other than obligations arising from the normal, day to day operations of the
District) will be incurred by the District without the prior written consent of the Town.
13. Certification of District as to Easements. The District hereby certifies to
the Town that, to the best of its knowledge, information and belief, no substantial
inadequacies exist in the easements to be conveyed to Town pursuant to this Agreement.
14. Protection ofDirectors. It is the intent of the Town to release the Directors
of the District from any further liability (except for liability arising from the malfeasance
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or intentional wrongdoing of such Directors). The three year extension of the Director's
insurance coverage ("tail coverage") will be purchased for the three year period extending
beyond the effective date of the dissolution of the District.
15. Enforcement of Agreement. This Agreement may be enforced by any
owner of taxable real property located within the boundaries of the former District.
16. Mutual Cooperation. The District and the Town mutually agree to
cooperate with one another to take such actions as are necessary to expedite the dissolution
of the District.
17. Binding Effect. The terms and conditions set forth in this Agreement shall
be binding upon and shall inure to the benefit of the District and the Town, and their
respective successors and assigns.
18. Enforcement of Agreement. Every obligation assumed by or imposed
upon either party shall be enforceable by any appropriate action, petition or proceeding at
law or in equity.
19. Dissolution Not Approved. If the dissolution of the District is not
approved at the election, this Agreement shall be null and void and of no further force and
effect.
20. Entire Agreement. This Agreement constitutes the entire agreement
between the Parties concerning the subject matter hereof, except as specifically
supplemented by relevant statutory provisions.
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IN WITNESS WHEREOF , the Parties have caused this Agreement to be executed
on the day and year first written above. ·
Secretary
ATIEST:
WOODMOOR AT BRECKENRIDGE
WATER AND SANITATION DISTRICT
B
8
TOWN OF BRECKENRIDGE, a
Colorado Municipal Corporation
By:s~c~
, Mayor
·.
DISTRICT COURT , SUMMIT COUNTY , COLORADO
Civil Action No. 2487
PETITION AND PLAN FOR DISSOLUTION
IN THE MATIER OF BLUE RIVER WATER DISTRICT
The Board of Directors of Blue River Water District , a quasi-municipal
corporation of the State of Colorado ("District"), by and through its attorneys, Collins
and Cockrel, P.C., respectfully relates unto the Court as follows:
That District has deemed it to be in the best interest of District that it be
dissolved, and hereby files this Petition pursuant to Section 32-1-701(1), C.R.S.,
initiating dissolution proceedings.
That District has negotiated with the Town of Breckenridge, Colorado ("Town"),
and have arrived at an agreement on all terms and conditions of dissolution regarding
the continued payment of District's debt obligations and the continued provision of
District's services by Town , which agreement is incorporated herein by this reference
and discussed further below.
That a portion of District is located within the boundaries of the Town, and
pursuant to Section 32-l-702(4)(b)(II), C.R.S., District held a public hearing on August
7, 1995, for the residents of the unincorporated area of District regarding the provision
of services to the unincorporated portion of District. The District Board finalized and
approved the Agreement between the Town and District for the continuation of
District's services to this area.
The Board of Directors of Blue River Water District, in support of this Petition,
does remit herein the following materials:
I. A general description of District boundaries is attached hereto as Exhibit
A and incorporated herein by this reference.
2. A map showing District boundaries and extent of the territory within
District is attached hereto as Exhibit B and incorporated herein by this reference.
3. A current financial statement of District in the form of the Audited
Financial Statements for the year ending December 31, 1994, is attached hereto as
Exhibit C and incorporated herein by this reference.
4. An Agreement between the Town and District ("Agreement"), outlining
a comprehensive plan for the disposition of District's assets, for the payment of
District's debt obligations, and for the provision of District's services is attached hereto
as Exhibit D and incorporated herein by this reference.
In further support of this Petition, the Board of Directors of Blue River Water
District submits the following plan for the dissolution of District:
1. District was organized on May 12, 1970, to provide water treatment
services. District has determined that the service provided by District is essential for
the health, welfare, and safety of the residents of District. The Agreement, the terms
and conditions of which are incorporated herein, provides that the services of District
will be continued by the Town, essentially on the same terms and conditions as said
services were provided by District.
2. The Agreement provides that the existing Board of Directors of District
shall not continue -in office. The Town Council of the Town of Breckenridge shall
serve as the Board of Directors of Blue River Water District only if necessary to
finalize actions required of the District such as completion of the 1995 Audit,
assignment of contracts , and conveyance of property.
3. District currently has the following debt obligations:
a. General Obligation Refunding Water Bonds, dated February 1,
1990, with a principal outstanding amount of $1,385,000 . Interest
payments are payable on June 1 and December 1, of each year, and
principal payments are due on December 1 of each year through
2001.
b. "B" Interest Certificates, issued in connection with the General
Obligation Refunding Water Bonds, with an outstanding amount of
$35,000, and scheduled to be paid in full December 1, 1995.
c. Loan payable to Colorado Water Conservation Board, dated July
15, 1981, with a principal outstanding amount of$967,125. Annual
principal and interest payments are due on July 15 of each year in
the amount of $60,624.
4. District's primary source of revenue is from user and plant investment fees
and property taxes. District's estimated user and plant investment fees for 1995 is
$306,000. The current District property tax levy is 16.138 mills for collection in 1995
2
on an assessed valuation of $21,553,250, yielding a 1995 tax revenue of $347,823, less
Treasurer's collection fees. These monies, in addition to specific ownership tax,
interest, connection fees, investment income and other miscellaneous revenue are
utilized primarily for administration costs, system operations, repair and maintenance,
certain capital improvements, and debt service payments on behalf of District.
5. District agrees to convey to Town by appropriate and properly executed
documents all rights, title and interest in and to the property owned by District, whether
real or personal. District further agrees to assign, transfer and set over to Town each
and all of District's rights, privileges and authorities and powers provided in all of
District's current contractual obligations, and in District's right to receive from
customers outstanding amounts due and payable.
6. This Petition and Plan for Dissolution has been approved by the Board of
Directors of Blue River Water District at a special meeting held on August 7, 1995.
WHEREFORE, the Board of Directors of Blue River Water District prays that
this Court initiate the dissolution proceedings in accordance with Section 32-1-70 I, et
seq., C.R.S.
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Respectfully submitted,
y-~.It
mes P. Collins, No. 7958
390 Union Boulevard, Suite 400
Denver, Colorado 80228
(303) 986-1551
(800) 354-5941
Attorney for Blue River Water District
AGREEMENT AND PLAN FOR DISSOLUTION
1HIS AGREEMENT AND PIAN FOR DISSOLUTION is made the :L!"day of
~ 1994, by and between the Eagle Sanitation District, a quasi-municipal corporation
and political subdivision of the State of Colorado ("District") and the Town of Eagle, a
municipal corporation and political subdivision of the State of Colorado ('Town").
RECITALS
WHEREAS, the District was organized pursuant to the provisions of Article 1, Title
32, c.R.S., to provide Sanitary sewer service and wastewater treatment within the
jurisdictional boundaries.of the District; and
WHEREAS, the Town is a municipal corporation empowered by the provisions of
Title 31, CRS., to acquire sanitary sewer and wastewater treatment facilities so as to
provide sanitary sewer service to its inhabitants; and
WHEREAS, District's corporate bounda.ijes include all of the bouncanes of the=
Town and some additional territory which would be seived through out-of-district service
commitments made ·herein by the Town; and
WHEREAS, the Town is now operating among other functions a municipal water
system, and believes that consolidation of the water and sanitary sewer functions in the
Town would assffit in the avoidance of duplicative legal, accounting, auditing, insurance,
telephone and miscellaneous costs, as well as providing better coordination of the water and
sewer seivices and other cost savings;· and
WHEREAS, the District is willing to convey all of its interests in and to all of its real
and personal property used in the provision of sanitary sewer seivice to the Town of Eagle
to continue the District's operation; and
WHEREAS, the Town is willing to acquire and receive all said real and personal
property currently owned by the District so as to assume provision of sanitary sewer seivice
to the inhabitants of the · District; and
WHEREAS, the Town is willing to assume all contractual obligations and rights of
the. District relating to the provision of sanitary sewer service with the exception of the
General Obligation loan currently existing and referenced herein; and
WHEREAS, the Town is willing to assume the provision ofsanitaiy sewer seivice to
the inhabitants of the District, which Town-provided service is expected to be equal to or
better than seivice curiently provided by the District; .and
WHEREAS, the District currently has outstanding bonded indebtedness in the
amount of $92,105 in the form of a loan from the Department of Local Affairs, State of
'.
Colorado, which indebtedness is scheduled to be retired through a continuing mill levy on
property within the District; and
B o Al.j cA ir~lee s @,
WHEREAS, the Town is willing to have the Town Qmncil appointed as Directors
of the District for the purpose of assessing a mill levy adequate to retire the principal and
interest on the District's currently outstanding bond indebtedness.
NOW THEREFORE, the District and the Town agree as follows:
1. This Agreement is subject to the review and approval of the District Court in
and for the County of Eagle, State of Colorado, Civil Action No. CA.1309 and
the executory provisions hereof are subject ·to approval of the proposed
·dissolution at an election. Therefore, the ·effective date of this Agreement
shall be the date upon which the election results approving the election are
confirmed by Order of the District Court pursuant to the provisions of Section
32-1-704(3), C.RS. The planned effective time and date of the dissolution are
12:00 midnight, December 31, 1994.
2. Conveyance: of Property. District agrees to convey to ·.the-:~Town by =..
appropriate and properly executed documents all rights; title and interest in
and to all property owned by the District, whether real or personal, including
but not limited to: sewer lities, collector lines, manholes, pumping facilities,
sewage treatment facilities, easements, rights-of-way, and any and all other
real property owned by the ·District; and also all facilities or equipment
appurtenant to the aforementioned property, real or personal; together with
all other property of every description owned by the District and used to
provide sanitary sewer and wastewater treatment service to the inhabitants of
the District. The District agrees to furnish to the Town, 20 days before the
effective date of the dissolution, an itemized list of ell the assetS of the
District which will be transferred in accordance with this Agreement. Such
conveyances shall be made at least 10 days prior to the effective date of this
dissolution. ·
3. Assignment of Rights. The District hereby assigns, transfers and sets over to
the Town each and all of the District's ·rights, privileges, authorities and
powers provided in all of the District's current contractual obligations related
to the provision of sanitary sewer· and wastewater treatment service, and
maintenance of the facilities therefor; the Town hereby assumes and accepts
same, subject to the terms and provisions of such contractual obligations. A
list of the contracts to which the District is a party are attached hereto as
Exhibit A and incorporated in their entirety by this reference. The District
further delegates and assigns to the Town all of the District's rights and
obligations to provide services and the District's rights and entitlement to
2
receive from customers of the District all outstanding amounts due and
payable, and the Town hereby assumes and accepts the same.
4. Provision for Bonded Indebtedness. The Parties mutually recognize the
District has issued a General Obligation pledge behind its 1994 Loan from the
Department of Local Affairs in the amount of Ninety-Two Thousand One
Hundred Five Dollars ($92,105), the total amount of which remains
outstanding. The Parties mutually . agree the District shall continue in
existence as a body politic and political subdivision of the State for the sole
purpose of securing payment in full of the principal and interest of such
existing bonded indebtedness. The Town further agrees that, upon
appointment ~ AP.fe!?Wi<t ~d of Directo~ for .the above-descn~
purposes, the Tewn <:W1~ Sball1et such mill levies as JS necessary to certify
to the Board of County Commissioners an amount of revenue to be raised
which willequ31 the sum necessary to pay in full the costs Qf annual payments
of principal and interest on the outstanding bonded indebtedness. Until
revised on an annual b~is by the Town, the mill levy in existence at the time
of dissolution shall continue to be in effect
5. The Parties hereto mutually agree to cooperate with one another to take such
actions ·~. are necessary to expedite dissolution of the District The two
employees of the·District currently existing, one of which is fulltime and one
of which is parttime, will be employed by the Town at similar levels of total
compensation and shall thereafter be subject to the Personnel Rules of the
Town. Also, until changed by the Town, the Rules, Specifications and Policies
of the District shall remain in existence as if adopted by the Town.
6. The terms and conditions set forth under this Dissolution Agreement shall be
binding upon and inure to the benefit of the successQrs ·and assigns of the
District and the Town.
7. Every obligation assumed by or imposed by either party shall be enforceable
by any appropriate action, .petition or proceeding at law or in equity.
8. If the dissolution of the District is not approved at election, then this
Jtgreement shall be null and void of any further force and effect upon either
party hereto.
9. This Agreement and Plan for Dissolution constitutes the entire Agreement
between the Parties hereto concerning the subject matter hereof except as
specifically supplemented by relevant statutory provisions.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed on the day and year first above written.
ATTEST:
ATTEST:
" •.
/J1ui.h.N Zn, 0~_,,,_j
Town Oerk
EAGLE SANITATION DISTRICT
By:,~fliJ~1...ar~~1-'---'· fiecA~~-
President
TOWN OF EAGLE
,
f
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EXHIBIT A TO
! ...
'I. ·'
AGREEMENT AND PLAN FOR DISSOLUTION
BETWEEN EAGLE SANITATION DISTRICT AND
TOWN OF EAGLE, COLORADO,
DATED AUGUST 9, 1994
Eagle Sanitation District's Agreements and Contracts:
1. Agreement, dated August 10, 1965, between District and E.L. Montgomery and Violet
M. Montgomery, and Addendum to Agreement, dated August 10, 1965;
2. Service and Pre-Inclusion Agreement, dated August 5, 1982, between District and W.
Hunter Antonides and Loren G. Chambers, d/b/a Eby Creek Mesa;
3. Service and Pre-Inclusion Agreement, dated September 6, 1985, between District and
Eighty Eight Acres, Ltd.; and
4. Loan Contract, dated August 29, 1994, between District and Department of Local
Affairs, State of Colorado.
•
• I EXHIBIT C
AGREEMENT AND PLAN FOR DISSOLUTION
This Agreement and Plan for Dissolution is made this
/2,y..;. day of ,~7fin/;d.J , 1984, by and between the GYPSUM
SANITAT~ON DISTRICT (hereinafter referred to as "District")
and the TOWN OF GYPSUM (hereinafter referred to as "Town").
WITNESSETH:
WHEREAS, the District is a quasi-municipal corporation
and a governmental subdivision of the State of Colorado,
located in the County of Eagle, and was organized pursuant
to the provisions of Article l, Title 32, C.R.S. 1973, to
provide sanitary sewer service and wastewater treatment
within the jurisdictional boundaries of the District; and
WHEREAS, the Town is a home rule municipal corporation
and a governmental subdivision of the State of Colorado,
located in the County of Eagle, and is empowered by the
provisions of its Home Rule Charter and the provisions of
Title 31, C.R.S., to acquire sanitary sewer and wastewater
treatment facilities so as to provide sanitary sewer service
to its inhabitants; and
WHEREAS, the District's corporate boundaries are co-
terminous with the Town's corporate boundaries, such that,
to the best information of the parties, all of the Dis-
trict's territory lies wholly within the Town's boundaries;
and
WHEREAS, the District does not serve any customers
outside its current corporate boundaries; and
WHEREAS, the Town is now operating, among other func-
tions, a municipal water system; and
WHEREAS, the Town believes that consolidation of the
water and sanitary sewer service functions in the Town would
assist in the avoidance of duplicative legal, accounting,
auditing, insurance, telephone, anp miscellaneous costs; and
WHEREAS, better coordination of the water and sewer
'-,
I
. ~. ,..,. ..
building permit services, cost savings through joint billing
of water and sewer services, and numerous other efficiencies
obtained through joint operation of the water and sewer
services can be achieved; and
WHEREAS, the Town has petitioned the District Board of
Directors to begin dissolution proceedings to achieve the
hereinabove referenced consolidation of the sanitary sewer
service with other Town functions; and
WHEREAS, the District is willing to convey all of its
interests in and to all of its real and personal property,
used in the provision of sanitary sewer service, to the .
District inhabitants; and
WHEREAS, the Town is willing to acquire all said real
and personal property currently owned by the District so as
to assume provision of sanitary sewer service to inhabitants
of the District; and
WHEREAS, tne Town is willing to assume all contractual
obligations and rights of the District relating to the pro-
vision of said sanitary sewer service; and
WHEREAS, the Town is willing to assume provision of
sanitary sewer service to inhabitants of the District, which
service will be equal to or better than service currently
provided by the District; and
WHEREAS, the District has current outstanding bonded
indebtedness in the amount of One Hundred Thirty Thousand
Dollars ($130,000.00), which indebtedness is scheduled to be
defeased by December 31, 1995; and
WHEREAS, the Town is willing to have the Town Council
appointed as Directors of the District for the purpose of
assessing a mill levy adequate to retire the principal and
interest on the District's current outstanding bonded in-
debtedness,
NOW, THEREFORE, the District and the Town agree as
follows:
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1. Effective Date. This Agreement is subject to
review and approval by the District Court in and for the
county of Eagle, State of Colorado, Civil Action No. 1310,
and the executory provisions hereof are subject to approval
of the proposed dissolution at election. Therefore, the
effective date of this Agreement shall be the date upon
which the election results approving dissolution are con-
firmed by the Order of the District Court, pursuant to the
provision of Section 32-1-704(3), C.R.S., as amended.
2. Conveyance of Property. District agrees to convey
to the Town, by the appropriate and properly executed docu-
ment, all rights, title, and interest in and to all property
owned by the District, whether real or personal, including,
but not limited to: sewer lines, collector lines, manholes,
pumping facilities, sewage treatment facilities, easements,
rights-of-way, and any and all other real property owned by
the District that lies within the boundaries of the District;
and all facilities or equipment appurtenant to the afore-
mentioned property, real or personal; together with all
other property of every description owned by the District
and used to provide sanitary sewer and wastewater treatment
service to the inhabitants of the District. The District
agrees to furnish the Town, twenty (20) days before the
effective date of the dissolution, an itemized list of all
assets of the District which will be transferred in accord-
ance with this Agreement. Such conveyances shall be made at
least ten (10) days prior to the effective date of the dis-
solution.
3. Assignment of Rights. The District hereby assigns,
transfers, and sets over to the ~own each and all of the
District's rights, privileges, authorities, and powers pro-
vided in all of the District's current contractual obliga-
tions related to the provision of sanitary sewer and waste-
3
water treatment service and maintenance of the facilities
therefor; and the Town hereby assumes and accepts same,
subject to the terms and provisions of such contractual
obligations. Copies of the contracts to which the District
is a party are attached hereto as Exhibit A and incorporated
in their entirety herein by this reference.
4. Assignment of Contractual Obligations. The Dis-
trict hereby delegates, confirms, and assigns to the Town
each and all of the District's duties, obligations, re-
sponsibilities, and liabilities provided in the contracts
attached hereto as Exhibit A, ?nd the Town hereby assumes
and accepts same and agrees to perform and fulfill each and
all of those duties in accordance w1th the terms and conditions
of each respective contract.
s. Delegation of Services and Accounts.
a. Services. The District hereby delegates,
confirms, and assigns to the Town all of the District's
duties, obligations, responsibilities, and liabilities,
express or implied in l~w, relating to the provision of
sanitaiy sewer and wastewater treatment services, and the
Town hereby assumes and accepts same and agrees to perform
and fulfill each and all of those duties in accordance with
the law. The Town further agrees sanitatary sewer and waste-
water treatment services shall be performed in a manner
equal to, if not better than, the manner in which such serv-
ices were provided by the District.
b. Accounts. District hereby assigns, trans-
fers, and sets over to the Town each and all of the Dis-
trict's rights, privileges, authorities, and powers, provided
by law, to receive from customers of the Distr~ct all out-
standing amounts due and payable, and the Town hereby assumes
and accepts same.
6. Provision for Bonded Indebtedness. The parties
4
mutually recognize the District has issued General Obligation
Bonds, dated March 1, 1980, in the amount of One Hundred
Forty Thousand Dollars ($140,000.00). Of this total amount,
one Hundred Thirty Thousand Dollars ($130,000.00) is still
outstanding, and scheduled to be defeased on an annual basis
thr?ugh 1995. The parties mutually agree the District shall
continue in existence as a body politic and political sub-
division of the State for the sole purpose of securing pay-
ment in full of the principle and interest of such existing
bonded indebtedness. The Town further agrees that upon
appointment as the District Board of Directors for the above-
described purposes, the Town Council shall set such rates,
tolls, fees, or other charges, as well as certify to the
Board of County Commissioners an amount of revenue to be
raised by mill levy, which, in agregate, will equal the sum
necessary to pay in full the costs of annual payments of
t .
principal and interest on the outstanding bonded indebted-
ness. Until rates, fees, tolls and charges are established
by the Town, those in existence at the time of dissolution
shall continue to be in effect.
7. The parties hereto mutually agree to cooperate
with one another and to take such actions as are necessary
to expedite dissolution of the District.
8. The terms and conditions set forth in this dissolu-
tion agreement shall be binding upon and inure to the benefit
of the successors and assigns of the District and the Town.
9. Every obligation assumed by, or imposed upon,
either party hereto shall be enforceable by any appropriate
action, petition, or proceeding at law or in equity. . .
10. If the dissolution of the District is not approved
at election, then this Agreement, and each every term, con-
dition and assignment hereof, shall be null and void and of
no further force and effect upon either party hereto.
5
\ ' . . . . .
11. This Agreement and Plan for Dissolution con-
stitutes the entire agreement between the parties hereto
concerning the subject matter hereof, except as specifically
supplemented by relevant statutory provisions, and all prior
negotiations, representations, contracts, understandings or
agreements pertaining to such matters are merged herein and
superceded by this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and year first above
written.
.GYPSUM SANIT~TION DISTRICT By~~
ATTEST:
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TOWN OF GYPSUM
ATTEST:
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6