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Home My WebLink About2004-10-12 WSB AGENDAWATER& SEWER BOARD AGENDA Tuesday, October 12, 2004 COMMUNITY DEVELOPMENT CONFERENCE ROOM 1. MINUTES OF THE SEPTEMBER 8, 2004 MEETING. (ATT . 1) 2. SOUTHGATE SUPPLEMENT #157 . (ATT. 2) 3. SOUTHGATE SUPPLEMENT #158. (ATT. 3) -•. 4. LICENSE AGREEMENT & TEMP . CONSTRUCTION AGREEMENT FOR 5051 S WINDERMERE ST. -GAS WATER & ELECTRIC LINES. (ATT . 4) 5. WATER RATE INCREASE. (ATT. 5) 6 . LETTER FROM MARTIN & WOOD RE: STORAGE REALLOCATION IN CHATFIELD RESERVOIR. (ATT. 6) 7. INFORMATION ONLY : A. LETTER FROM STATE OF COLORADO DATED AUGUST 27, 2004 RE: IMPLEMENTATION OF THE LEAD AND COPPER RULE. (ATT. 7) B. LETTER FROM EPA RE: WAS TEW ATER INFRASTRUCTURE ALLOCATION. (ATT. 8) C . LETTER FROM MARTIN & WOOD DATED JULY 26 , 2004 RE : WATER RIGHTS DOWNSTREAM FROM GREELEY. (ATT. 9) 8. OTHER. WATER AND SEWER BOARD MINUTES September 8, 2004 ATT. I The meeting was called to order at 5:00 p.m. Members present: Members absent: Also present: Moore, Otis, Bradshaw, Habenicht, Higday, Cassidy, Garrett Clark, Bums Stewart Fonda, Director of Utilities John Bock, Administration Supv. Bill McCormick, Operations Supt. John Gallagher, Black & Veatch Engineers Gary Sears, Englewood City Manager 1. MINUTES OF THE AUGUST 10, 2004 MEETING. The Englewood Water and Sewer Board approved the minutes from the August 10, 2004 meeting. Mr. Habenicht moved; Mr. Higday seconded: Ayes: Nays: Abstain: Members absent: Motion carried. To approve the minutes from the July 13, 2004 Englewood Water and Sewer Board Meeting. Moore, Otis, Habenicht, Higday, Cassidy, Garrett, Bradsh:iw None Cassidy Clark, Bums -, 2 . BIG DRY CREEK BASIN INTERCEPTOR MAINTENANCE AGREEMENT. The Big Dry Creek Basin Interceptor is a major trunk line service the Southgate, South Arapahoe, South Englewood and part of the City of Englewood Sanitation Districts for sanitary sewer transport. The interceptor begins at Clarkson and Orchard, runs northwesterly along Big Dry Creek to Santa Fe Drive, and then north to the Littleton/Englewood Wastewater Treatment Plant. For the past three years fees were not collected due to the low maintenance costs for the interceptor. The then-existing fund balance was sufficient at the time to cover expenses. The fund balance has been drawn down, per the Schedule of Cash Received and Interest Income ($76,582.87), and the statement of Operating and Maintenance Expenses due ($35,000). A revenue flow needs to be reestablished for future maintenance. A rate was established of .005434 per 1000 gallons of winter water consumption. A typical, annual residential charge is estimated to be approximately 45 cents per account. Mr. Otis moved ; Mr. Habenicht seconded: Ayes: Nays; Members absent: Motion carried. To approve Big Dry Creek Basin Interceptor Maintenance Agreement rate of .005434 per 1000 gallons of winter water consumption. Moore, Otis , Habenicht, Higday, Cassidy, Garrett , Bradshaw None Clark, Burns 3. MEMO DATED AUGUST 25, 2004-CITY DITCH RECIRCULATION SYSTEM. The Board received a memo from Bill McCormick, Operation Superintendent, regarding the final bids for the City Ditch Recirculation System materials. The lowest, awarded bids were from National Water Works in the amount of $29,329.04 for the materials and Amcor Precast in the amount of $550 .00 for the vault. 4. LETTER TO PAT GUIRY DATED AUGUST 25, 2004. The Board received a letter from Stewart Fonda to Pat Guiry dated August 25, which informs Mr. Guiry that because of his verbally abusive behavior, future communications must be in writing. Stu's letter reiterates the Utilities Department's position not to allow abuse, verbal or otherwise, of its employees. Mr. Clark and Mr. Burns entered at 5:20 p.m. 5. WATER REVENUES. Stu and the Board reviewed the Utilities budget, staffing levels, water rate comparisons and proposed capital projects. Current rainfall levels and how the resulting treated gallons used are affecting revenues were evaluated. Stu analyzed various cash flow models with the Board along with upcoming capitol projects, increasing maintenance costs and decreasing water revenues . Water rate increases and various rate tier structures were discussed. Stu will meet with the City's bond advisors and will present additional options at the September Water Board meeting . Stu will be presenting various rate proposals at the City Council Retreat on September 25, 2004. The Board concurred to table a motion until the October meeting. The meeting adjourned at 6:30 p .m. The next Water and Sewer Board meeting will be Tuesday, October 12, 2004 at 5:00 p.m. in the Community Development Conference Room. Respectfully submitted, John Bock Acting Recording Secretary • A,TT. 2 COUNCIL COMMUNICATION Date Agenda Item Subject October 18, 2004 Southgate Supplement #157 INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their October 12, 2004 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #157 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment to a population of about 70,000 people outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Ave. excluding Highlands Ranch. By contract the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are with in what the City considers to be the area it has committed to serve. Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. Annexation of this parcel of land will not increase the tap allocation of the Southgate Sanitation District. A request was made by the Southgate Sanitation District representing the owner, Lynn J. Hinkle, for inclusion into the Southgate Sanitation District. Supplement #157 is for Lot 1, Village Hill Subdivision for an area that is 2 .5 acres. The lot is presently and will continue to be used for a single-family residence . The legal is attached as Exhibit A. The property is located on the northeast corner of S. Colorado Blvd. and Garden Ave. in Greenwood Village. The address is 5430 S. Colorado Blvd. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for Ordinance Southgate Sanitation District Supplement #157 1:Ji.:'lltltf ~--,~:··*~-=,==~-·~;==~~"-'''"'''~=~·~----~j · :-. ~~: ,.;··. ·.,. ·.-. ~~ .. :~ SUPPLEMENT NO. I S 7 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 Cieri<, 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 Districfs 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 considerat ion of the mutual covenants and undertakings herein set forth , the parties agree as follows : 1. The City hereby consents to the inclus ion of certain additional area located in Arapahoe County , Colorado , owned by Lynn J. Hinkle and more fully described on Exhib it 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 C ity 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. Accord ingly , 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 . 200 . ATTEST: CITY CLERK (SEAL) CITY OF ENGLEWOOD By :--------- MAYOR SOUTHGATE SANITATION DISTRICT, ARAPAHOE AND DOUGLAS COUNTIES, COLORADO By IA .~dfi;(__ PRESIDENT ·\\ ':"!:. ,. c;-,, ~~tB~!y '•·· .. .-·:: -Lot 1, Village Hill, County of Arapahoe, State of Colorado .-;;. ... r·,:;::~::r:::{~~ ..... ~"_,,. ······~·--~·-··· -~~----·~··· -· ·,-: t'....;.~-;~ ~· ~ ·~..,...-...... ~-:.~;1 :;;··"' ·.· ........ ,::,.. :'.~.,. ·.:~:.'--· . ··~ ·~~?----~~ ~;;,~_ ->:.:,~;_~§ .. . -;· ,~--.,.. _.;,,;}<· :j ~-·~·~ ' .. ·' '_':':_) .. _. . .. ~ PETITION FOR INCLUSION OF 5430 SOUTH COLORADO BOULDEV ARD TO SOUTHGATE SANITATION DISTRICT NARRATIVE DESCRIPTION . ,,. ~-' The property is located on the northeast corner of South Colorado Boulevard and Garden Avenue. The Hinkle 's have a single-family residence on approximately 2.5 acres, and the property is zoned R-2.5. Under the current Rural Greenwood Village Waterline and Sanitary Project, a sewer line is proposed to run partially up a private road extending from the intersection of Colorado Boulevard and Garden in a northeast direction. The Project has engineered the construction of the new sanitation line so as to accommodate the Hinkle property for service. All easements for this construction have been obtained. The Hinkle property would then hook into the sewer line at the end of the above-described extension. The service requirements would be for residential service. t:::_ i~ ~ ~- ~H :--1 ~1 yC~-i_: '-,,'\_ .. \l . -~ ,....;; ............ .... . :;__I ,' ,...~.,....----~-'-,•~ l-, . -1-----'-'Y . . """ ---~-----; ; ----.. :: .. / i )jZ-"\ a ·• --......_: ,"-.. :_/ .)-.; .. --.· r~~-~i~-~~~ lJ -.. ----,_ ... ., : __ ;_.; ·w ;: ·'._ __ I I i1W' .I ~· ' :-,._ ~ I ! • -~I DENVER .: WATER . .. (5100 •1 _ I . --\\\i r -~ ~ ri-· ......... ,. · -, --I I I I I ..., 1 ~ -\ I ~:·1~-:-.... ~')/i . -67 '\\//:-~:"·" . '•\' ; . IFMlM!7 ddi . fml I) Al-'f. (jfOO S.} DEPARTMEf\ 628..::..600( A\C --- ' I J ~ ----! A\C . ~i101i.~ IJrR·----------·--u I ~-, I I . A"' :" .. . .... I '·.~ ·. :: : ~ .. ·- . ___ J. ____________ _r -t_"' .. '-,", ISEC 11113 ~u. '"' t -., .. J~"~"'o"'·"-, " .. " ~. ~ ~ -~~-io--,--"~_::-:. -:..----r-'~--.12~ .. Jn< or! ... ':'I' ··-... J ~ " i( ~ ·U AREA OF INCLUSION glj _INCLUSION NUMBER ~ 16 SECTION NUMBER i 1 5 LOT NUMBERS -I 4 KEY MAP NUMBERS :~ SOUTHGATE INCLUSION MAP . -. . .. . (SEWER) SHEET 1OF3 -·--11 ·. ! Date October 18, 2004 INITIATED BY Utilities Department COUNCIL COMMUNICATION Agenda Item Subject Southgate Supplement #158 STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION The Water and Sewer Board, at their October 12, 2004 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #158. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment to a population of about 70,000 people outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Ave. excluding Highlands Ranch. By contract the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are within what the City considers to be the area it has committed to serve. Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. Annexation of this parcel of land will not increase the tap allocation of the Southgate Sanitation District. A request was made by the Southgate Sanitation District representing the owner, Diane D. Writer, for inclusion of Supplement #158 consisting of two parcels (Parcel "A" and "B") totaling 10.0436 acre into the Southgate Sanitation District. Parcel "A" contains an existing residence at 3720 E. Williamette Lane which comprises of 5.1734 acres. No changes in zoning or use are anticipated. The legal is attached as Exhibit "A". Parcel "B" consists of Lots 1 and 4 which comprises 4 .8702 acres of vacant land zoned for a single family residence, with service requirements to be determined. The adjacent properties are located east of University Blvd., south of Williamette Lane and west of Colorado Blvd. in Greenwood Village. FINANCIAL IMPACT None . LIST OF ATTACHMENTS Bill for Ordinance Southgate Sanitation District Supplement #158 :1~·t1t111::=·"""'"' .,~~='"'';'~~-.-· &•···~··""~"··~-·"«-'•~··· .... - . :::, · . . SUPPLEMENT NO. 1 5 8 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," WITNESS ETH: 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 C ity hereby consents to the inclusion of certain additional area located in Arapahoe County , Colorado, owned by Diane D. Writer 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 th e 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 , 200_. ATIEST: CITY CLERK (SEAL) •: .;· ~~. {J '.'° . • I ... f.. /!" CITY OF ENGLEWOOD By :---------- MAYOR SOUTHGATE SANITATION DISTRICT, ARAPAHOE AND DOUGLAS COUNTIES, COLORADO . ~"· •. -: .. : .-.; .. • -. ! ' j -·-· ... . · .. EXHIBIT A (Legal Description) Parcel "A" That portion of Lots 245 and 246 , South Denver Gardens, together with that portion of the adjoining North 1/2 of vacated Price Avenue, being in the northeast one quarter of Section 13, Township 5 South, Range 68 West of the Sixth Principal Meridian , City of Greenwood Village , County of Arapahoe, State of Colorado , described as follows: commencing at the east one quarter comer of said Section 13; thence North 0°13'15" West along the east line of said northeast one quarter 658 .17 feet to the centerline of vacated Price Avenue; thence South 89°57'15" West along the centerline of said vacated Price Avenue 675.00 feet to the Point of Beginning of the herein described parcel; thence North 0°13' 15" West parallel with the East line of Said Northeast one quarter 329 .16 feet; thence South 89°59'50" West 25 .00 feet; thence North 0°13'15 " West 8.00 feet; thence South 89°59'50" West 61 .00 feet; thence North 43°50'00" West 67 .67 feet; thence North 77°02'08" West 457.14 feet to a point on the easterly right of way of the Highline Canal; thence along the following three (3) courses on said easterly right of way line ; (1) thence South 3°21 '12" East 187.05 feet to a point of curve; (2) thence southeasterly along a curve to the left having a radius of 548.68 feet , a central angle of 20° 41 '59" and an arc length of 198 .23 feet to a point of tangent; (3) thence South 24°03'11" East along said tangent 121 .16 feet to a point on the centerline of said vacated Price Avenue ; thence North 89°57'15" East along said centerline 472 .62 feet to the Point of Beginning. Parcel "8 " Lot 1 and Lot 4 in tracts 243 , 244 and 245 South Denver Gardens and the South 1/2 of vacated Williamette Avenue adjoining Lot 1, County of Arapahoe , State of Colorado , described more fully in that certain special warranty deed made May 25 , 1976 by and between Norman D. Writer and Ronald R. Pfister and Marie M. Pfister recorded May 27 , 1978 in Book 2452 at Page 162 of the records of the Clerk and Recorder of the County of Arapahoe , State of Colorado . """'.:-=··' · ... ~· :· ~ ... To: Southgate Sanitation District Re : Lots 1 and 4, South Denver Gardens This property contains 4 .8702 acres of vacant land and is zoned R-2 .5 for single family residences . No changes in zoning or use are anticipated . The service requirements and construction schedule are still to be determined . - F.:..·~ ..... "":;.·~~~ .. ,, .. -c.. :· •• -.. -·~...!.:'>-*··---..,,~ .. ->"-------..:.-.:...:...:u...·.:·-·~·~,·~ ~--... ---.. --~-..... , __________ ·----- :j . ' . • - To: Southgate Sanitation District Re : 3 720 E . Williamette Lane This property contains 5.1734 acres and is zoned R-2.5 . A single family residence already exists on the property, and no changes in zoning or use are anticipated. The service requirements and schedule are still to be detennined . :~··'"'"'"•"·°""'""'~···~~=·~-,.'.:·-·-·~·-·-·.··-~·-·-··· .. · .... ·.· ·.•.·.·-·. ·-.• ... ·.·.·.·.·.· ................................. .. . _, .- EXHIBIT A (Legal Description) Parcel "A" That portion of Lots 245 and 246, South Denver Gardens, together with that portion of the adjoining North 1/2 of vacated Price Avenue, being in the northeast one quarter of Section 13, Township 5 South, Range 68 West of the Sixth Principal Meridian, City of Greenwood Village, County of Arapahoe, State of Colorado, described as follows: commencing at the east one quarter comer of said Section 13; thence North 0°13'15" West along the east line of said northeast one quarter 658.17 feet to the centerline of vacated Price Avenue; thence South 89°57'15" West along the centerline of said vacated Price Avenue 675.00 feet to the Point of Beginning of the herein described parcel; thence North 0°13'15" West parallel with the East line of Said Northeast one quarter 329.16 feet; thence South 89°59'50" West 25.00 feet; thence North 0°13'15" West 8 .00 feet; thence South 89°59'50" West 61.00 feet; thence North 43°50'00" West 67 .67 feet; thence North 77°02'08" West 457.14 feet to a point on the easterly right of way of the Highline Canal; thence along the following three (3) courses on said easterly right of way line; (1) thence South 3°21'12" East 187.05 feet to a point of curve; (2) thence southeasterly along a curve to the left having a radius of 548.68 feet, a central angle of 20°41 '59" and an arc length of 198.23 feet to a point of tangent; (3) thence South 24°03'11" East along said tangent 121.16 feet to a point on the centerline of said vacated Price Avenue; thence North 89°57'15" East along said centerline 472.62 feet to the Point of Beginning. Parcel "B" Lot 1 and Lot 4 in tracts 243, 244 and 245 South Denver Gardens and the South 1/2 of vacated Williamette Avenue adjoining Lot 1, County of Arapahoe , State of Colorado , described more fully in that certain special warranty deed made May 25, 1976 by and between Norman D. Writer and Ronald R. Pfister and Marie M. Pfister recorded May 27, 1978 in Book 2452 at Page 162 of the records of the Clerk and Recorder of the County of Arapahoe, State of Colorado. ·~: ~i;--~-'-; ~-.. ~~! 10 l~:=liiii ~:;;;:':: "'I 'i-:-~~==~====~~·:=:::~===!:"iijllll!~~~""-illl ... ,~ .... N.T.S. DEN~ WAIER DEPARTMENT 628-6000 SOUTH ARARPAHOE SANITATION DISTRICT 985-3636 SOUTH ARAPAHOE SANITATION DISTRICT 985-3636 :: i ~ ,, • , ~ ~ ARAPAHOE ESTATES WATER OIS1RICT 779-9589 R68W R67W ,;:,....;.~ '!f"':.fr.:?il '*'."'!..'.X _x,.~: .. ·~ FAX 00. 303 783 6894 UCENSE • CITY DITCH CRQSSJNG AllREWENT THIS LICENSE AGREEMENT. made and ontered into as of this day of ____ _. 19_. by and between the CITY OF ENGLEWOOD, a municipal corporation of the Stat.e of Colorado, herein referred to iw "City", and V2v\. c. Z.A-RJJ ~ K. herein referred to aa "Licensee". WITNESSETH: The City withoui any warranty of it.a title or interest whataoever, hereby authorizes Licensee, its successor, assii:ns, to install a WffiJYL, J.:Jt,) tt 19-NlJ $.&;. Am-t... A-zvO ll<-.fc::a1;t-G-. over the ity's rights-of-way for the City Ditch, described as a parcel of land ~ituated in the _ Si;, l F SW 1 oi Section q . Township / 6 S Range f1.. C& L.,j of the ___________ '2_';!;-=-______ P.M., County of Arapahoe, State of Colorado described as follows: /..oT /, BLeo< J of lt.J:t">Jt:i ip_J1 'ill£ G~ S ~ G, t 'Cil/1:-S rvv-J C:r;;y en=-~IL~~ The above-deacribed parcel C4lntaina __ ..... 2::..:.7..,, ..::S~$=-=l.:..._.S=&~('"1.:...-_ ..... ,...m6loou.r.li<.e -"or........,leilillelkff 1. Any conatruction contemplated or performed under thia License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans, consisting of one sheet, a copy of which is attached hereto and made a part hereof. 2 . The Licensee shall notify the City'~ Director of Utilities at least three (3) days prior to the time of commencement of the COl)!itruction -0f, or any repairs made to, Llcensee's ----- \,J:enp 1\-~ I G>tt:S !._;&.£ ~ ti ?If. L/!2Er:.< I ----------------------ioo that the City may, in ita discretion, inspect such operations. 3. Within thirty (30) dllys from the date of the commencement of coru;truction of said __ _ wmT~ L&ve GAs hHV!& /J7VCJ fi&;7LJ:-l- tho Licemee shall com~lete such conatruction, place and maintain permanent. visible markers, of a type and at auch locationaas designated by the City's Director of Utilities, referring to the centerline of the installation and sh.all clear the crossing area of all construction debris and restore the area to its previous condition as near as may be reasonable. In the event the planing of tho centerline markers and the clearing and restoration of the croa;sing area i& not completed within the time specified, the City rnay complete the work at the sole e:itpenae of the Licensee. 4. The City shall have the right to maintain, llu;tall, repari. remove or relocate the City Ditch or any other of ita facilities or installations within the City's ri:hta-of-way , at any time and in auch manner aa the City deems nei:essary or convanient. The City reserves the ~ :_.;· . . {?-" :r~;;.:~ .·~-=-... -~-;-;.-... ·.·-«· ........ -.-.·.-.·.-.-.· ... -,:.·.;.";.·.·.·. ··· . .::~.__.._ .... :~-~-..:·.:·-·..':...·----~-·-:-· ..... ·-·-·-·.· ... -..... -·-. -· ......... ~ . .;...._ :._. ·-:-.: --=---·-·-.-... -. :-.--·--. -·-·-.. ·.·-........ -. .... _, ..... ~ ......... .._. -·. --.-.... ·--·------- :~ · AUG-18-2004 WED 03:51 PM ENGLE\.JOOD UTILITIES FAX 00. 303 783 6894 -~. P. 03 excluaive richt t.o control all easements and installations. In the event the Wt1!i/L t:»VA. j ~~ tJ:Wil A1<P .Q.tt.llltlahould interfere with any future use of the Ciiy'a rights-of-way by the City, the Licensee shall, upon request and at its sole expense, relocate, rt!an'3Jlle, or remove its installations ao aa net to interfere with llny such use. 5. Any repair or replacement o! any City installation made nec:esaary, in the opinion of the City's Director of Utilities because of the construction of the !v?rTr0-J.PV"ilt. . t;,{S 1.-M, Jiw2 e.uffi\.J,::c..-. or othei appurtenant installan:,n thereof, shall be made at the aole expense of the Licensee. G. The stipulation and conditions of this License shall be incorporated into contract specifications if the cona~tion herein authorized ia to be done on a contract bElBiB. 7. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be the Licensee's sole reapon.eibility to determine the exilitence of said documents or conilicting WJes or installations. 8. The Licensee shall contact and fully cooperate with the City's personnel and the construction shall be completed without interference with any lawful. usual or ordinary flow of water through the City Ditch. Lu:eneee shall assume all risks incident to the poa$ible presence of such waters, or of storm waters, or of gurfaco waters in the City Ditch . 9. All trenches or holes within the City's rights-of-way shall be backfilled and tamped to the original ground line in layers not to excee six (6) inches loose measure to a compaction of ninety percent (90%) Standard Proctor Maximum Demity . 10. Licenaee, by acceptance of this License, expr4ei;sly a.aswnes full and strict liability for any and :dl dam~ges of every nature to person or property caused by water from the ditch leaking through the ditch banks or pipoline at· the point or points where the Llcen~e~ performs any work in connaction with the c::ros~in~ provided by this Licen:se. 'l'he Licensee a~umea all responsibility for m!lintenanc.-e of the installation. 11. Licensee shall indemnify and save harmless the City , its officers and employees, against any and all claims, damagtce, acctions or causes of action and expenses to which it or they may be subjected by reason of said k./'t:D?,(l ~ ~ /...p.,A.. AnO j;t.-&;rfl;Kk I being within and across and under the premises of the City or by reason of any work done or omission made by Licensee , its agents or employees. in connection with the construction, replacement, maintenance or repair of said installation. 12. It is expressly agreed that in case ofLiconaee's breach of any of the within promi$es, the City may, at its option, have specific performance thereof, or sue for dama~es resulting from &uch breach. 13. Upon abandonment of any ~ht or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indem.nigy and save harmless the City, its ofticen and employece, ahall not terminate .in any event. In ~ranting the above authorization, the City reserves the right to raake full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under the control of the City. -2- -r ···-:.1 ·-~-----------.-------------------- . ·. <.:A~tB-2004 WED 03:51 PM ENGLEt.000 UTILITIES FAX 00. 303 783 8894 In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under control of the City. IN WITNESS WHEREOF this instrument lw been executed as of the day and year first above written. CITY OF ENGLEWOOD Stewart H. Fonda Director of Utilities City of Englewood Chainnan Englewood Water and Sewer Board The undersigned offieer &£. / fu C2-~f2-A}t!,,r<. foregoing License and agrees fer aR OD bellalfefsaid • has read the that W win ~~~~~~~~~~~~~~~~~~~~~~~ accept and will abide by all the tcnns and conditions thereof. LICENSEE : By: 2- Ti tie: Qu)A) FClL Address: /o7Q0 hJ /M6 JJ/lr .i.l171AJ~ &w M'6 Phone: 003-332-hc/6$ My conunission expires: I I j_J:) I /J_QQ3: I I P. 04 .· ' ·! .... -~·" \. :· . ... ,.. ~ ·~ PARCEL NO. PE-1 Water Service Line Crossing EXlllBIT "A" TO PERMANANT EASEMENT FOR EASEMENT DESCRlPTION Windermere Equities Subdivision 5051 S. Windermere St. City of Englewood Ditch A pennanent utility easement being a part of Lot 1, Block 1 Windermere Equities Subdivision as recorded in the records of Arapahoe County Clerk & Recorder 's Office, Arapahoe County, Colorado, situated within the Southwest Quarter of Section 9, Township 5 South, Range 68 West of the Sixth Principal Meridian, Arapahoe County , Colorado, being more particularly described as follows : A 5.00 ' wide utility easement crossing the C ity of Englewood Ditch, the centerline of said easement being located at the following course and distance: Beginning at a point on the Easterly edge of the 25.00 foot wide City of Englewood Ditch, which is recorded in Book 5372 at Page 357 and Book 82 at Page 78 and Book 153 Yz at Page 222 in said Arapahoe County Records, from which the South One-Quarter comer of said Section 9 bears South 13° 39 ' 57'' East a distance of359 .27 feet; THENCE , North 89° 52 ' 53 " West a distance of26.57 feet to a point on the Westerly edge of said 2 5 foot wide City of Englewood Ditch, and the Point of Terminus, from which the South One-Quarter corner of said Section 9 bears South 17° 42' 11" East a distance of 366.52 feet ; The sides of said easement extended and shortened as necessary, terminating at limits of said City of Englewood Ditch. Containing 133 square feet , 0.003 Acres more or less. Bearings are based on a the East line of the Southwest \14 of Section 9, Township 5 South, Range 68 West, 6th P .M. being a 3 \14'' aluminum cap in range box stamped ''22571 " at the South Y. Comer, and a R I C stamped "LS #12083" at the Northeast comer of the Southeast \14 of the Southwest Yi of said Section and, as shown and described on Plat of Windermere Equities Subdivision said line bears : North 00 ° 24' 47" West (assumed). Peter T . Kent Colorado PLS No . 31932 Northstar Consulting Services 10695 W. Devils Head Littleton, CO. 80127 (303) 204-5628 Dated: 8/26/02 Job No. 080804 PAGE 1OF2 ·:! .. ~t~ ~· -= ....,. .~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Page 2 of 2 I.ii [j::&~U ·~LS ©g U /~ @!? iJ[}:O § ®W§ <J I~ :Q)(f ~@©lJO !@GtJ iii Ll ~ ~\, !1J ([J~ \;j}fjS ®'"'JL=J:J ~ciJ!Ua !.~Llf;~ @a tb t~~fl(~t®UU~ (~'9)l11JG'Ufr;ti ~~;{f &~'l@ : .. ID-~®~)~g @C.ile® ;9)f] @G)G@J\~@]1~: LOT 2 BLOC l< 1 \JI!\IDE~MERE EQUITIES SUB . 225.82 N89.52'53'\1' cL 5' Ea.seMent .. 0 ~ LOT : 0 0 o r... BLOCK ID o W89 52' 53' 26.57' 133 sq. ft. ru g V:ND E ~MERE EQUITIES SUB. z City of Englewood Ditch""""""-/ 1 83.60 ' ..• N89.52'53'\1' w ;:.. 0 v 0 -. v 0 (\J Ln • 0 0 z NOTE : THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY . IT IS INTENDED ONLY TO DEPICT THE ATIACHED DESCRIPTION. 131.04 -· N89.52'53'\1' >- VJ I w z c ~ co IJ) ~ vi l() I- a\ u w (/) '<t" ' .... ~ (/) ? w z 0 " -Cl v _J ~ 0 v (\J w (\J 0 0 "' '- (/, '"' ~2 L...~ i- ~-'.J 0 ~ D 3 '-' ): S 114 SEC. 9_/ T5S,R68W' "' (/) L:J 3S ~ <r w i:Q u... CJ (/) ...... (/) <r i:Q >J ("') ("') r-.: -("') .... w . r--. '<t" '<t" (\J i::l l() l() z DATE: 8 DRAWN BY: 26 04 PK ENGLEWOOD CITY DITCH -UTILITY EASEMENT WINDEMERE EQUITIES SUBDIVISION CHECKED BY : PK SCALE: 1 =50' FILE: 022008 5051 S. WINDEMERE, UTILETON, CO. rn NORTHSTAR CONSULTING SERVICES 10695 W. DEVILS HEAD UTILETON, COLORADO 80127 (303) 204-5628 l .·, PARCEL NO . PE-2 Electric Service Line Crossing EXHIBIT "A" TO PERMANANT EASEMENT FOR EASEMENT DESCRIPTION Windermere Equities Subdivision 5051 S. Windermere St. City of Englewood Ditch A pennanent utility easement being a part of Lot 1, Block 1 Windermere Equities Subdivision as recorded in the records of Arapahoe County Clerk & Recorder 's Office, Arapahoe County , Colorado , situated within the Southwest Quarter of Section 9, Township 5 South, Range 68 West of the Sixth Principal Meridian, Arapahoe County, Colorado, being more particularly described as follows: A 5.00 ' wide utility easement crossing the City of Englewood Ditch, the centerline of said easement being located at the following course and distance: Beginning at a point on the Easterly edge of the 25.00 foot wide City of Englewood Ditch, which is recorded in Book 5372 at Page 357 and Book 82 at Page 78 and Book 153 Yi at Page 222 in said Arapahoe County Records, from which the South One-Quarter comer of said Section 9 bears South 19° 52 ' 59" East a distance of 311.28 feet; THENCE , North 89° 52' 53" West a distance of27 .66 feet to a point on the Westerly edge of said 25 foot wide City of Englewood Ditch, and the Point of Terminus, from which the South One-Quarter comer of said Section 9 bears South 24° 30 ' 58 " East a distance of321.79 feet; The s ides of said easement extended and s hortened as necessary, tenninating at limits of said City of Englewood Ditch. Containing 138 square feet , 0 .003 Acres more or less. Bearings are based on a the East line of the Southwest Y. of Section 9, Township 5 South, Range 68 West, 6th P .M. being a 3 Y." aluminum cap in range box stamped "22 571 " at the South Y. Comer, and a R I C stamped "LS #12083" at the Northeast comer of the Southeast Y. of the Southwest Y. of said Section and, as shown and described on Plat of Windennere Equities Subdivision said line bears: North 00° 24' 47" West (assumed). Peter T . Kent Colorado PLS No. 31932 Northstar Consulting Services 10695 W. Devils Head Littleton, CO. 80127 (303) 204-5628 Dated: 8/2 6/02 Job No . 080804 PAGE l OF 2 ' -. . :. ~---. :.:..:. ., :; l I I l J l l I j l I I Page 2 of 2 &. ~·&~U @)[? g)§ ;U /4J @t? 'UL=J@ ~~rg 'Ll /dJ i.Q)l? ®~:Z~ITIJ(Q)!J.~ ~ lf ® ~s lFJ ®~ 1Wr; ®'Ut=J:, IP:iG~Tio lC300'"5 @ifi ~11t1\Wc~11·:IDauy rg.~OJGmilltl"~ @\1 ikfr!iU~caJC'il@®~ ~·10:-~tl® c~1J r:~~~:O@[[~J.ID 225.82 Nas·s2·s3•1J LDT2 BLOCK 1 \J IN DERMERE EQUiTIE~ SUB. City ~;T ~nglewood Ditch"' E==:! .....---~ 3L~C< ~ ~ 0 w 0 r... oo ci "' "'0 CIJ 0 0 z 'w'INDER MEi"E EQ UF1 E S Su B. CL 5' Ea.seMent N"89 52' 53'W' 27.66' 138 sq. ft. 83.60 Nas·s2'53''w' w r... 0..,. 0 -. ..,. 0 ('IJ 111 • 0 0 z NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY . IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. 131.04 Nas·s2•s3•1J <J: <: ~ <[ u )- n:: 0 0 ..,. (\J ~ a, ..,. " Vi C1) oo a.." 0 "' S 114 SEC . 9 T5S,R68W' ~ co '° Cl:: c;) I() I- °' (.) w (,-? ~ ' -~ (,-? > w r... z :J ..,. ..,. ('IJ w 0 0 "' ....: :/) ,, W): IX,...., w;y :z - ::.::: -w e c. '° ,::....,,, ): ,,... ' (,? ; l!J z ii: <t w IXI i..... 0 (,? -(,? <t IXI ...,, (") (") " <'i .... ~ ,.... -:!" ~ (\J ~ I() I() z DATE: 8 26 04 DRAWN BY: PK ENGLEWOOD CITY DITCH -UTILITY EASEMENT WINDEMERE EQUITIES SUBDIVISION CHECKED BY : PK SCALE : 1 =50' FILE: 022008 5051 S. WINDEMERE, UTTI..ETON, CO. rn NORTHSTAR CONSULTING SERVICES 10695 W. DEVILS HEAD LITTLETON, COLORADO 80127 (JOJ) 204-5628 . .,,,. ·- ' ·i i ., J ·1 ! PARCEL NO. PE-3 Natural Gas Service Line Crossing EXHIBIT "A" TO PERMANANT EASEMENT FOR EASEMENT DESCRIPTION --.......... Windermere Equities Subdivision 5051 S. Windermere St. City of Englewood Ditch A permanent utility easement being a part ofLot 1, Block 1 Windermere Equities Subdivision as recorded in the records of Arapahoe County Clerk & Recorder's Office, Arapahoe County, Colorado, situated within the Southwest Quarter of Section 9, Township 5 South, Range 68 West of the Sixth Principal Meridian, Arapahoe County, Colorado, being more particularly described as follows: A 5.00' wide utility easement crossing the City of Englewood Ditch, the centerline of said easement being located at the following course and distance: Beginning at a point on the Easterly edge of the 25.00 foot wide City of Englewood Ditch, which is recorded in Book 5372 at Page 357 and Book 82 at Page 78 and Book 153 'l'2 at Page 222 in said Arapahoe County Records, from which the South One-Quarter comer of said Section 9 bears South 20° 36' 58" East a distance of307.42 feet; THENCE, North 89° 52' 53" West a distance of27.66 feet to a point on the Westerly edge of said 25 foot wide City of Englewood Ditch, and the Point of Terminus, from which the South One-Quarter comer of said Section 9 bears South 25° 16' 43" East a distance of 318.26 feet; The sides of said easement extended and shortened as necessary, terminating at limits of said City of Englewood Ditch. Containing 138 square feet, 0.003 Acres more or less. Bearings are based on a the East line of the Southwest Y. of Section 9, Township 5 South, Range 68 West, 6th P.M. being a 3 W' aluminum cap in range box stamped "22571" at the South Y. Corner, and a R I C stamped "LS # 12083" at the Northeast comer of the Southeast Y. of the Southwest Y. of said Section and, as shown and described on Plat of Windermere Equities Subdivision said line bears: North 00° 24' 47" West (assumed). Peter T. Kent Colorado PLS No. 31932 Northstar Consulting Services 10695 W. Devils Head Littleton, CO. 80127 (303) 204-5628 Dated: 9/0 1104 Job No. 080804 PAGE 1 OF2 :'"'<· ."; . ; .. . ··~ ·.~ I I l f I I ... \. Page 2 of 2 & i;i .. ,,,~ @~ ~ 'ill~@~ 'TI'!Ml~ ~llw fJ /JJ @~ ~©'lfu@r;n ® 'TI' ~ ~ 00 •'f& W!J, ·~. !P.iNJ.. ©OOy •W !Yfr~®\1®~ ·~o™W @i1 ~ljj)[_&:IJfr'~? ~il@ @ii 1 fi.ii>U®!i'~~ UJ T2 BUJC:K l \./~NDE ~M E ~E EQU~TI E S SUB. > (]) \D ~ c;) If) ..... .... ~·" ~ ; " "' ' t:) ·z -~ 4: w p:i i.... CJ a\ . "' ...... "' u w "' 't' ' 225.82 N89.52'53'\J > "' ? w z City of Englewood Ditch~ E===:J LJT l ~-~ 0 " 0"" ci ~ ""(\J (\J • .... ...l BL OC:< • \o/IN DERM ERE EQ UITI ES SUB. 83.60 CL 5 ' Ea.seMent N"89 52' 53"w' 27.66 ' 138 sq. ft. N89.52'53'\J w ;.... 0"" 0 -. "" 0 (\J If) • 0 0 z NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. 131.04 N89.52'53'W' 0 0 "' w !- vl '"' u '): !.l<: :_ Lu 'y z:- v C c h \;) .=;._,, ~ S 1/4 SEC . 9_/ T5S,R68\o/ 4: p:i '-' (Tl C"1 ,.... -(Tl w . ,.... 't' 't' ru ~ If) If) z DATE : 9 0 1 /04 DRAWN BY: PK ENGLEWOOD Cl1Y DITCH -UTILl1Y EASEMENT WINDEMERE EQUmES SUBDMSION CHECKED BY : PK SCALE: 1 =50' F1L£: 022008 5051 S. WINDEMERE, UTTLETON, CO. rn NORTHSTAR CONSULTING SERVICES 10695 W. DEVILS HEAD LITTLETON; COLORADO 80127 {303) 204-5628 •'. · Atxi-18-2004 UED 03:51 PM ENGLEWOOD UTILITIES FAX til. 303 783 6894 .. TEMPORARY CONSTRUCTION EASEME.'IT This Temporary Construction Easement (the Temporary Easement) is entered into rhis _day of , 2002 by and between the City of Englewood, Q>lorado, a municipal corporation oft.be state of Colorado. acting by the through its Wa= and Sewer Board (Grantor) and TJ'W'\. C!. Z...4-RN 8.K ________________ (Grantee). WHEREAS, The City of Englewood owns a right-of-way for the City Ditch, a carrier ditch (City Ditch ROW) which is located as described on Exhibit A. WHEREAS, /Im,. &A-R '/J'f,K desires to install a lJAJJPfL WG, GA-$ LJis)f. W.0 6...u Pbfc.., with.in the City Ditch ROW pursuant to a li~e between the parties. NOW , THER.Ef ORE . In consideration of the mutual covenants of the parties, more particularly hereinafter set forth. cbe adequacy and sufficiency of which are hereby acknowledged, it is agreed as follows: l. Temporary Construction Easement. Englewood (as Grantor) hereby grants to fi; m, l'.!2£nRN'f;< (as Grantee), its successors, assigns, contractors , and sub-contractors, a non-exclusive temporary construction easement through. over, under and across the City Ditch ROW for the installation of a I.! 1 rn""<CJL ~ &~ bn<..M A1IK.J I r Fi-L. R.c rP, V(.... pursuant to a license agreement (the Project). 2. Tenn of Easement. The Project will b~ no sooner than Dc.,T / 7.{)J ~ and will be completed no later than i>ril.. )!::J 1 20o.5 . Completion of the Project will be deemed to have occurred upon inspection and approval of the Project by Granter and this Temporary Easement will be deemed to have terminated upon such completion. 3. Access. Grantee shall have the temporary non-exclusive right to enter the City Ditch ROW for any reasonable purpose necessary or prudent for the construction of the Project subject to the following resnictions : l) nonnal working hours shall be consistent with COOT construction hours, Monday through Friday and 2) the operation of equipment and heavy trucks will be permitted on the Eng lewood City Ditch ROW only during nonnal working hours. .... ::;. _...,. · AUG-18-2004 WED 03:52 PM ENGLEW(X)D UTILITIES FAX 00. 303 783 6894 . .• -·~· 4. Restoration. Upon completion of the Project, Grantee will perform such restoration and regrading as is necessary or prudent to restore the surface area of the City Ditch ROW to its original condition. S. Indemnification. Grantee, to the extent permitted by the laws and constination of the Srate of Colorado, hereby agrees to be liable and hold harmless the City of Englewood. its employees, tenants, and guests from any and all claims. causes of action,. and liability which may occur as a result of the negligent or wrongful acts of Grantee in the construction of the Project. including the cost of defending against such claims. 6. Liabilitv. Grantee hereby acknowledges that it understands that there is water flow in the City Ditch from April I to November 1 of each year and that it will assume liability for aoy damage to adjoining property caused by water flow resulting from damage to the City Ditch caused by the Grantee's consrruction activities. 7. Insurance. Grantee shall maintain in full force and effect a valid policy of insurance for the Project in the amount of S600,000.00 property coverage and $600,000.00 liability coverage. Grantee further agrees that all its employees, contractors and sub-contractors working on the Project shall be covered by adequate Workers Compensation insurance. 8. Assignment. This Temporary Construction 'Easement is assignable only with the written permission of Englewood, which pennission will not ~onably with.held, conditioned or delayed. IN WITNESS WHEREOF, the parties hereto have executed this temporary construction Easement on rhc dare and day first '\\<iitten above. : ; . ' At.IG-18-2004 WED 03:52 PH ENGLEWOJD UTILITIES FAX tfJ. 303 783 6894 In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under control of the City. IN WITNESS WHEREOF this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD Stewart H. Fonda Director of Utilities City of Englewood Chairman Englewood W ak':r and Sewer Board The underaigned affieer ef T ~ C.2-A14} £;( foregoing License and agrees fer an ;:n belrnlfc:ifsaid has read the if"' -----------------------that it.will accept and will abide by all the terms and conditions thereof LICENSEE: By.~-'-~-..1..---.1.-=__;_w..:;i:~:__.::__ __ t itle : DwJ/ER Add=seitJJi~~6 Phone : 30J-J32-bl//a3 My commission expires: I/; o !don ?3: ; I P. 07 COUNCIL COMMUNICATION Date Agenda Item October 18, 2004 STAFF SOURCE A VT. 5 Subject Resolution for Water Rate Increase INITIATED BY Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The last water rate increase was July 21, 2003 (Resolution No . 71 , Series 2003). It recommended an increase of 6% effective January 1, 2005 . RECOMMENDED ACTION The Englewood Water and Sewer Board recommended , at their October 12, 2004 meeting, Council approval of the proposed resolution. The proposed amended increase would amend the 6% increase and replace it with a 15% increase effective January 1, 2005, an 8% increase effective January 1, 2006, and 8% increase effective January 1, 2007 and a 7% increase effective January 1, 2008. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 2004 the constant rainfall during the summer months produced very little lawn watering and less water was therefore purchased . This is depleting the Water Utilities ' fund reserves . In 2004 the audit revealed a decrease in water sales revenue from the 2002 level of approximately 10%. Revenue for 2003 was $3,678,368 compared with revenue of $4 ,074 ,276 for 2002. This decrease in revenue was caused by a similar decrease in the amount of treated water pumped to the system, which was in turn due to both increased water conservation awareness and an increase in rainfall during the 2003 irrigation season . In 2004 the timing and the amount of precipitation , as well as continued conservation awareness , has resulted in an additional 20% drop in treated water pumped to the system from 2003 levels. It is therefore anticipated that 2004 revenues will be substantially less than those produced in 2003. The current bond covenants govern the amount of revenue required. Revenues must be 110% more than debt service after paying operation and maintenance expenses and must also maintain a debt reserve fund. Should the coverage requirement not be met, an independent rate analyst must determine the increases in revenues needed to meet the coverage requirement in the following year. The proposed increase was reviewed by Black and Veatch Consulting Engineers and was determined to be appropriate . FINANCIAL IMPACT Black & Veatch was retained to analyze various rate increase alternatives . It was determined that $3,000,000.00 in additional bonding is required in the Water Fund to complete needed capital projects and maintain an adequate fund balance. The rate increases are necessary to meet bond coverage requirements for the current and proposed bond issues. It is proposed that the increase of 6% passed by Resolution No. 71, Series 2003 be amended and be replaced by an increase of 15% effective January 1, 2005, an increase of 8% effective January 1, 2006, an increase of 8% effective January 1, 2007 and an increase of 7% effective January 1, 2008 . Bond covenants require that the City of Englewood maintain a certain minimum debt ratio . In 2002 Englewood fell below the minimum requirement. The rate increases presented are projected to insure bond covenants are met until 2008 unless there are unexpected revenue shortfalls or unanticipated expenses. LIST OF ATTACHMENTS Resolution Summary of Water Rate Findings Study :.~_r_-,i.--~ -~~---··-_-.-j'p----... --.-u-_z:~·-,-;-........ -.-.-.-.--->-·---. -... ---••• -... -•.•. ---.. ... -~-.:--.: -:. .. ··-····. -~~~~~· ~--·.-.·-·.~·ru -· · · --- :d •. :'._; . .:-.: City of Englewood, Colorado Summary of Water Rate Findings Study Black & Veatch has conducted an independent study of the City's water rate findings. This study has been conducted according to the terms of the City's loan agreement with the Colorado Water Resources and Power Development Authority. Black & Veatch study findings are as follows: 1. City staff developed a Water Utility Revenue Shortfall Presentation report. The report includes several alternatives to adjusting water rates for 2005 through 2009. This report is attached to this report for reference. 2. The City has experienced unusually low water sales revenue during 2003 and 2004. The reduced revenue in 2003 was primarily due to voluntary drought-related reduction in water usage. Unusually high precipitation during the irrigation season caused even lower water usage in 2004 resulting in further revenue reduction. Treated water pumped to the distribution system for the first eight months of 2004 is 21 % below the six-year average (1999-2004). Monthly pumpage and precipitation records for 1999 through 2004 are shown in the attached exhibit. 3. The 2004 water usage amount is unusually low and is not likely to recur on a regular basis. 4. The 2003 water usage amount is probably more representative of City customer's usage patterns for conservation-minded customers and is recommended to be used as a basis for determining water sales revenue projections. Black & Veatch has reviewed the assumptions, procedures and calculations of each model shown in the Water Utility Revenue Shortfall Presentation report and is recommending that Model 10 be used as a basis for adjusting water rates in 2005 through 2009. Model 10 assumes the usage amounts experienced in 2003 will continue in 2005 through 2009. 5. Black & Veatch recommends a 15% water rate increase be adopted in 2005. This is 2% greater than the 13% increase shown in Model 10 and will increase the 2005 projected debt coverage ratio from 1.11to1.18. Although the CWRPDA loan agreement requires a minimum ratio of 1.10, coverage ratios of 1.20 and greater are common practice for fiscally sound municipal water utilities and are recommended. 6. Black & Veatch recommends the additional rate increases shown in Model 10 be adopted for 2006 through 2008. These include 8% increases in 2006 and 2007 and a 7% increase in 2008. These increases are projected to increase debt service coverage ratios to a minimum of 1.21 beginning in 2006. The revised Model 10 is attached showing the recommended mcreases . 7. The City should annually review the fiscal health of the water utility including the ability to comply with the CWRPDA loan agreement prior to implementing each rate increase. 8. The City should undertake a water cost of service rate study in 2005. This study will determine the cost of providing water service to residential, commercial, and irrigation customer classes and provide an equitable basis for determining water rates. The last such study was conducted over 20 years ago. The study will also examine rate structures to promote water conservation. Black & Veatch Corporation September 25, 2004 . .- ALLEN FILTER PLANT TREATED GALLONS USED AND RAINFALL TREATED PUMPED TO DISTRIBUTION MAINS IN MILLION GALLONS 1999 2000 2001 2002 2003 2004 January 140.284 154.151 154.185 156.368 161.848 .L J 62.106. February 151.683 145.801 140.665 142.100 137.305 136.812 ;March 198.401 162.041 152.147 158.128 154.093 ----.:S:._ ~1.:4!.67J~i April 166.984 219.627 197.876 276.557 143.418 142.756 ·May 246.305 326.759 249.042 313.808 231.648 ~ , _ii,___..J 4.2.:! ~9.i June 337.345 436.940 400.555 383.194 263.917 288.275 .July 435.009 489.897 416.268 406.213 410.683 301.222; ..... -. ~,.,.,;;.~ ---.J August 330.631 395.403 392.291 359.394 377.787 277.760 .September 274.435 301.027 335.824 241.337 252.363 -~ --'-~~~~ ·~266.689.J October 200.920 199.007 221.122 174.982 234.519 ,November 178.857 153.218 171.173 150.464 143 354 , ;;,.:• ·~·'"~. ';1' ''F~ . ~·~ .......... ..:. ... ~:'-t.. .. ,,.""" ;, -~·~)-····,/;>~· December 158.637 154.663 154.054 158.101 136.352 TOTALS 2819.491 3138.534 2985.202 2920.646 2647.287 --' i-.. 1845.02~ . --Thru Sep. 2281 .077 2631 .646 2438 .853 2437 .099 2133 .062 1845 .029 RAINFALL IN INCHES 1999 2000 2001 2002 2003 2004 January 0.38 0.24 0.78 0.1 0.07 ' ;, 0.31 '. ~--a..:...,..-...-.,,___ -~ February 0.15 0.23 0.64 0.18 1.03 0.93 March 0.19 1.9 1.19 0.49 2.66 ~ .. ~~·-L; :~: _:_ 0!49i ~ April 5.09 0.85 1.28 0.07 2.18 3.02 May 2.37 3.08 3.74 0.52 ·-&.,..;.. 0 ~~ _ :_ J : ~ t f •'->J _.33_, June 2.52 0.79 1.53 0.31 2.26 2.2 July 3.53 1.42 4.41 0.62 1.31 ''• ·· r;:·~-~:''.'"~·· 1.74 ~-~.=~~--'.J August 3.22 2.92 0.71 0.89 2.27 2.88 September 1.2 1.52 0.99 1.87 0 ~. ··"'·-< ., i,';~1.86 ; .. -.. .-.. ._... -.---4 .. o....l.-.. ~ M'-h--i *'' .J October 0.31 0.47 0.08 0.63 0.02 November 0.47 0.75 0.72 0.28 . December 0.29 0.27 0.14 0 0.17 ,, TOTALS 20.95 14.55 16.21 5.96 12.14 L ... ....J."'"''"" 14. 7{)J ·-Thru Sep . 18.65 12.95 15.27 5 .05 11.77 14.76 Rainfall vs . treatedAxls Sep-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Finished Water MG 7.63 6.79 6.80 8.07 8.45 8.57 6.22 8.13 7.05 7.72 8.20 8.49 6.15 7.88 9.39 10.19 9.69 8.52 7.81 9.11 8.42 10 .69 9.84 10 .61 9.76 9.96 9.01 9.45 9.86 7.47 Backwash Water Total MG MG 7.63 0.18 6.62 6.80 8.07 0.23 8.22 8.57 6.22 0.23 7.90 7.05 0.09 7.63 0.12 8.09 8.49 0.12 6.04 0.10 7.78 9.39 0.07 10 .12 9.69 8.52 0.18 7.63 0.09 9.02 8.42 0.15 10 .54 0.09 9.75 10 .61 0.21 9.55 0.14 9.82 9.0 1 0.23 9.22 0.10 9.77 7.47 Total 253.61 Sep-04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Negative difference = less used than 2003 Backwash Finished Water Water Total Difference MG MG MG MG 9.35 0.07 9.28 1.65 9.68 0.06 9.62 3.00 7.86 7.86 1.06 7.73 0.19 7.54 (0.53 ) 6.89 0.11 6.78 (1.44) 9.90 9.90 1.32 8.68 0.09 8.59 2.37 10.97 0.06 10 .91 3.01 9.96 0.09 9.87 2.82 8.83 0.09 8.73 1.10 10.15 0.11 10 .04 1.95 10 .08 0.10 9.98 1.49 11 .69 0.08 11 .62 5.58 9.25 0.08 9.17 1.40 11 .07 0.10 10.98 1.59 9.43 0.07 9.36 (0.77) 10 .56 0.11 10.45 0.76 9.36 0.11 9.25 0.73 10 .20 0.10 10.09 2.47 9.38 0.11 9.27 0.24 6.36 6.36 (2.06 ) 6.66 0.12 6.54 (4.00) 7.53 0.18 7.35 (2.40) 6.19 6.19 (4.41) 6.10 0.09 6.01 (3.54 ) 5.77 0.08 5.69 (4 .14 ) 7.19 0.01 7.19 (1.83) 7.37 0.09 7.27 (1 .95 ) 8.41 0.12 8.28 (1.49) 5.51 5.51 (1.96) Total 255.68 2.07 -·813(Y200414:52 WATEREITTERPRISEFUND ·,...--------+-------+-------l Major Caoital for 2004: I Mcl ellan Fence = $43,000 Marcy Gulch = $68,993 Generator = $57 ,000 VFD Zone I = $45,000 PAC= $50,793 Overhead Storage = $2 10,000 CIS lnfinitv = $166,000 Dee p Wells= $143,736 Di stributio n Items f or 2004: Misc. Water Main Replacements =S100.000 Ma;or Caoital tor 2005: ICitv Ditch @ Belleview= $100.000 Parco Valves= $250,000 Solar Bee N Res= $40,000 East Overhead Re s . -$150,000 I Solar Bee W #mQ = $17.000 Wash Water Pum p Station= $300,000 2 ·Auto Fill Stations= @50 ,000 Sherman Tank Renall = $111,000 I Zuni Tank Renall = $190000 IOistri bution Items for 2005: Misc. Water Main Replacements= Sl00.000 I I REVENUE: WATER SALES RATE INCREASE I I RAW WATER CITY DITCH OTHER TOTAL REVENUE O&M INO DEPA) FRANCHISE TAX NET OPERATING REVENUE DEBT SERVICE (current): PRINCIPAL INTEREST FUTURE DEBT SERVICE ROUT INE CAPITAL REPLACE AVAILABLE REVENUE I INTEREST INCOME I BALANCE FORWARD I TRANSFER TO BOND FUND LOAN • GENERAL FUND NEW DEBT PROCEEDS AVA ILABLE FUNDS CAPITAL PROJECTS DISTRIBUTION SYSTEM CONNECTION FEES DEBT SERVICE RESERVE FUN D TOTAL CASH UnrestnC1ed I 2002 Actua ls Cash Method 4,074.276 $ 4,074 ,276 1,1n.a20 139.034 146.103 5,537,233 (4,419 .517) (121,394) 996,322 (64 0,623) (487,033) 1128.747\ (260.081) 165,168 5,596.706 5,501,793 (513,374) 13,825 5.002 .244 $ 11 ,189 .000) s 3,813.244 s I 2003 Actuals I 2003 Actual s 2004 I 2005 2006 2007 2008 2009 Accrual Method I Cash Method Esti mated Budget Pro jected I Pro jected Projected Pro jected I 3,653,571 s I 3,678,368 _$:<.__,,,3,c::4.:.;70:::,.000=c;...::S:.__c4::i;,2:::6:.:7.:.:,000:::=-+:"S--'4.:.:,90~7.70S='O:...l;-:S:----=5"'.299='=·6::,14:+$=--"-5,":723='".583~+$'---'6"-.1"'2"-4'-=,2=-34'-i 3,653.571 1,610.620 84,576 2os .no 5,555,537 (4,426,027) 1109.607\ 1,019,903 (655 ,712) (473,453) 1343,963) (453.225) 59.350 5,002,244 4,608.369 (1,183,321) 10.896 3,435,944 s 11 .189.000) $ 640.050 392.564 $ 423.969 400,651 3.678.368 3.470.000 I 4.907,050 I 5.299 .6 14 I 5 .723.583 I 6.124 .234 6.124.234 1,640.290. __ _;,1,_,,,6_:.:10:::,.6"'2'-"0'-ll __ l'",6"'1'-"0"".6'=2'='0+1 ---'1.:..:.6c:170,762:::0:+--1"',6'-:1C:-0';:,6~20:+--1=,6-;;-10;'-,6;:2;;;0,-t---1"',6'-:1C:-0'::,6'=20~ 84 ,576 ___ ~84~.5~7~6~1 __ --,-!84~.5~7~6+----,~847·~57~6:+-----7.:842;;.5~76;;+--~84~,5~7~6:+----,~842;;.5~76::-1 219 .363 150.000 I 150.000 I 150.000 150.000 I 150.000 150,000 I I 5,622 .597 __ .:;,5.~3..!.:15~·~19~64--~6~. 1._,5-=2~.2c::4~6 +.--..:.7.:..:.1c=44:0._,,_81.:.:1c+----'1-".5::::6"'8.:..:.7o::8o=+I _....:..7.,,,96"'9,,,.43=1+_...:7.:..:,9::::6:::c9:::.4::.31.:...i I (4,574,676)L---1<5:::.:.~00"'8::,::.5~21!ll.!..I _ _11:::,:5.=:20::::8o;.8,,,62,,,l.L.-___,l,,,5 . .:::.41:,..:7-".2"-16!'.LL __ ..1: (5"'.633""='.'=905~)1 __ ..i.: 15:::.85=9.726=:1:!+--"'16:;.:.09::;:3::;·.::;:63~2"11 1109 ,607\ (138 .720 I (147 .043)1 1156.223 I (168.721\I 1180.532) 1180.532) I I I I 938 ,314 __ __,_16"'7"'.9:'.::5'.:e5..;1 __ 1:;;.3e:96=.34=1 +I _ _c1.:::,5:.:.7"'1,.::.37:..:1-ilf----'1"', 7..::6.::.6."-154"-'-rl --'-1.=929=,638=+--'1.:..:,6:.::9.::.5·:=2.::.68'-1 I I I I (655, 712) __ .,1(6"'6"'8"'.0"'58:rl\L-l _....11,,,684=::,5::o-20::;ll.1-_....1fl.:.:00~.9C::8~1 l+-1 ---C (7~177."'44:;-;2~\1 __ 7. lf735=' .. :'::27;;-;6c-t---7.:17::055='.:0:85:?.-12 (473.453), __ _,l.:::45:o:8"'.7-"5.'..LL7\l _ __:<c:c44c:o3:o.:.2:.::3:::.0l'+l--<'""4::.:27"'.o°"1.::.ol'+l __ _,,<4""1-"o=.o=-83~n11---'f3=9=2.=2=-66,_ __ .;o13""7=2.=97""9"1 I I I (115.000)1 (230.000 (230.0001 1 1230,000 (230.0001 I I (343.963 (146.508)1 (33 1,7 00 I 1217,000) 1302 .5001 1 1218.200 I 1200 ,000) I I (534 ,814} _--1(1.!..:..;;1O'.;e5::,::.36~8tiLll _ __1("-'17'-"8,_,,1_,,09e.L9)1+---""(3,,,.6,,,_20"'+----1:.::06::.:·..c129=-J---'353=·.::.896=-i---'1-"36::.:·..c438=1 82.975 ___ ~60:::.:·~000~1__: _ __:6:o:O"'.ooo=..:.'---=60:::c·=ooo=-t-----=6:.::0.:::.ooo=-+---=so::.:.ooo~+---=6=0.:::.ooo~ I I I 5 ,002,244 __ ,,,3,c:422=.2'-'n-'--'! __ 1'-'.5"'0:::2.:::.38o::7o...,.I _ _::3.:::.0.::.86::.:·::.:27..::8+--=2::.:.55=2.=65=8'-rl -~2.=52::.;8~. 7~8~7-r-_c.::2~. 7-"5=2.=6=-84'-1 i I I I 3.000 .000 I I I I I I 4,550 ,405 __ .=_2,_,..3~76~.9~09~ _ __:4:,,.384=C!·2:.!.7::.8.L--_..::3::_.1c:4:o2·c::o658=-lr-_...:2::;. 7c.;1.::.8:..:.. 7.::.87'+1 --=2.=94-"2"".6"'84'-'-!_......;2::.:,94=9:...:, 1.=.21"-- 1 I I I {1.183,321l __ .J.f7~84~.5!e22::LlL---'<.!..:.1.2:::0:.::80.::.ooo""'-'l.._.1 _ __,<::.:1500;;:.:.ooo=")!----7:<1c.;oo?.:::000;;;177--11 __ 7:11~00='.:'::ooo~--~117oo='.ooo::=:-l51 (100,000)1 (100,000)1 (100,000) (100.0001 1 1100,000 1100.0001 I I 10.896 10.000 I 10.000 I 10.000 I 10.000 ! 10.000 10,000 I I I 3.3n,980 ·...:s;._~1.~50~2:,,.38~7_;1 ~S'--_,3~,0~8~6~.2~78;.t.; I S _,;2~.5~52:::.,6=-:58:=,;l~S;--~2::;.5~28~.~78~7~1~S;---;2~.;;:75~2;';.6~84~~S-;:;2:;;· 7;;_:59~·.;:12~1~ (1.250.000) $ (1.250,000)1 s (1.250.000)1 s (1.250.000 s (1.25 0.000)1 s (1.250.000) s 11,250.000) 2.246,944 s 2. 127.980 ...:S;...__=:25~2"'.38=7-' -"s--'1"'. 83=6=..2,:.:18,,_,_1 s,,___,_1,_,,. 30002,,,_.6,,,5:.::8c.;l..::S:._......:1.:::.2:.:.78::.:·.:.:78::.:7_,1r:s'---'-'1 • .::.502=. 684=+1.::.s _ _.:.1.:::.5.::.09::.:·..::12"'1'-" I I WATER SALES REVENUE j 4,907 .050 ' 5.299.614 5.723.583 6,124 ,234 6.124.234 RAW WATER 1,610,620 I 1,610,620 I 1,610 .620 I 1,610,620 1,610,620 CITY DITCH 84.576 I 84 .576 I 84 .576 I 84 ,576 84 ,576 OTHER I 150,000 I 150.000 I 150,000 I 150,000 150.000 INTEREST INCOME 60.000 I 60.000 I 60.000 I 60.000 60,000 CONNECTION FEE REVENUE 10,000 I 10.000 I 10.000 I 10.000 I 10,000 TOTAL RE VENUE I 6.822.246 I 7,214,810 I 7.638.n9 8.039.430 8 ,039,430 LESS O&M (5.2 08.862) (5,417,216 (5.633.905 15.859 .261 16,093.632 LESS FRANCHISE TAX (147,043 (156.223 (168,721 1180,532 1180.532 NET REVENUE 1.466.341 I 1,641 ,370 1,836,153 1,999,637 1,765 ,266 DE BT SERV ICE 1.242,750 I 1,357,991 1.357,525 1.357,542 1,358.830 COVERAGERATIO _____ _;l ___ _..:.;1.:.:.18,,_,_1 ___ _.:1~.2~1..J.... ____ 1~.35=-r-----=1.:.:.4~7+----1~.30=-J I I Rate Increase I -1')1-llj...1'-B'!f=•~·[•JjlllJ=:JC ... ~VJ-~·~-.11l::=::=::==i::=::=::=::=::=::==f=::=::=::=::==t::=::=::=::=::=t=::==Y=ea=r~~====A=nn=ua}t1~¢::::=c=u=m=u=1j.~l.=::=::=::=::=~ 1----+1___ ,-•-• • Ill I 2004 16.<Xl% 0.16 __ _..II .... ••-•• 'WW 2005 15.00%1 I 2006 8.00% 2007 8.00% I 2008 7.00% 2009 0.00% 20101 0.00% Mr. Stewart Fonda Utilities Director City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Dear Stu, September 21, 2004 A TT. (o 602 Park Point Drive. Suite 275. Golden , CO 80401 Phone : (303) 526-2600. Fax: (303) 526-2624 Re : Storage Reallocation in Chatfield Reservoir Project Number: 159.1 This letter presents a summary of information on the reallocation of raw water storage capacity in Chatfield Reservoir and our recommendation for Englewood to terminate its involvement therein. Background of Chatfield Reservoir Storage Reallocation Studies for the expansion of conservation storage capacity in Chatfield Reservoir by the U.S . Army Corps of Engineers (the "Corps ") and the Colorado Water Conservation Board (the "Board") have been ongoing since 1994. From this 10-year feasibility study, it has been determined that 20 ,600 acre-feet of storage capacity will likely become available, possibly by 2008 . While some of the studies are still in progress , the process of allocating the 20,600 acre- feet of storage space is now in full swing. This data will be used as input to the environmental impact statement. A subcommittee of all potential water ·users, chaired by Rick McLoud of Centennial Water and Sanitation District, was formed in early 2004 to try to allocate this space among interested water users . It is estimated that some of the remaining feasibility studies will cost potential users approximately $30 per acre-foot. Note that payment of this price is NOT a guarantee of storage space, nor does it cover the cost of storage; it covers only the remainder of the feasibility studies. It is unknown whether there will be a later request for additional funds from the water users to support studies, but it is not anticipated at this time. Actual cost of the allocated storage space will include an initial repayment of expenses (approximately $3,500 -$4,000/acre-foot, estimated) and an annual operation and maintenance -....... Mr. Stewart Fonda September 21, 2004 Page 2 of3 fee ("small"). If the annual fee is not paid by any storage user, the storage capacity right is in jeopardy of being forfeited. In August, the Board requested that each interested party come forth with a realistic estimate of just how much capacity it desired. It turned out that the total capacity desired by all such interested parties ranged from 22,000 acre-feet to 44,000 acre-feet. Englewood stated that it was interested in 3,000 acre-feet. At this time the Board is seeking to provide to the Corps , for the purpose of the Corps's preparation of an Environmental Impact Statement, information on just how the water in the additional 22,600 acre-feet of storage would be regulated. That is, how much water would be put in this space each month, how mach water would be released from this space each month, and, ultimately, how much water would be present in this space each month. While water provides and storage users like Englewood may not be too concerned over how the total amount of water in the additional space may fluctuate , the Corps has set minimum and maximum water fluctuation levels in the reservoir for each month. The chief concern is the impact to the surrounding recreational facilities owned by the Colorado Division of Parks and Outdoor Recreation ("Parks"). When the raw water supply pool is enlarged by 20 ,600 acre-feet, the raw water supply pool will grow vertically and will occupy the land upon which many of Parks's recreational facilities are now located. The re location of facilities to higher elevations and the costs for upkeep due to seasonal variations (moving boat ramps, picnic tables, concessions, etc.) are included in the initial and operational costs to the water providers purchasing the available storage space. Other en vi ronmental groups (the Audubon Society, Di vision of Wildlife , the Greenway Foundation, etc .) have interest in the flow rate of water in the river downstream from Chatfield Reservoir, and to some ext ent local water pro viders ' releases of water from Chatfield may satisfy these interests. So , the Board is now asking each interested local water supplier how it would use its storage space. The Board and the Corps will then determine if everyone may be kept happy in splitting up and using the additional 20 ,600 acre-feet of reallocated storage. Recommendation for Englewood to Terminate Involvement in the Reallocation Process The Board 's current request for information from interested local water providers on how each provider would use its storage capacity strongl y suggests that similar limits will be placed on local providers' uses of their storage capacities. It is highly unlikely that if Englewood were to receive 3,000 acre-feet of capacity, that Englewood would have exclusive and unfettered use of such capacity. At this time, it appears that with a unit cost of some $4,000 per acre-foot, Englewood would pay some $12 million for the 3,000 acre-feet of storage which we have informed the Board that Englewood would like to acquire. We believe that when all is said and done, and when all costs are included, such as those associated with relocation of recreational facilities , .\fa11i 11 and \~ood 1n11er Cu 11 s11 /tctnt.>. !11 c. ' .. Mr. Stewart Fonda September 21, 2004 Page 3 of3 --.. -... environmental studies, Section 7 of the Endangered Species Act, and other matters, the resultant costs may significantly exceed the present figure of $4,000 per acre-foot. Last, when we review the operation of Englewood's raw water supply during the drought year of 2002, we conclude that Englewood's system fared very well while still supplying Centennial Water and Sanitation District with 1,500 acre-feet of Englewood's surplus raw water supply. Through the drought year of 2002, Englewood also maintained a reserve supply for the City's use of 1,700 acre-feet in storage in McLellan Reservoir, and Englewood did not place its residents on water use restrictions, as did Denver, Aurora, Thornton, and other Metro area providers. For these reasons -high costs accompanied by restrictions on Englewood's use of storage space in Chatfield, and the fact that Englewood's raw water system performed so very well in the drought year of record in 2002 -we recommend that Englewood terminate its involvement in the Chatfield Reservoir reallocation process . Please let us know if you hav e any questions or comments. cc: David Hill JTW:ma Very trul y yours , Y!.'~ 1h1~ -(@J(L;tw 14 v lO . i~ Katherine R. Gri ffin , E.I. Engineer Intern/H ydrogeologist ulh/J Jo .Hartin and \food Water Consulwnts. In c. ···.·i A ~TT. 7 STATE OF COLORADO Bill Owens, Governor Douglas H. Benevento, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cheny Creek Dr. S. Laboratory Services Division Denver, Colorado 80246-1530 8100 Lowry Blvd. Phone (303) 692-2000 Denver, Colorado 80230-6928 TDD Line (303) 691-7700 (303) 692-3090 Located in Glendale, Colorado http://www.cdphe.state.co.us August 27, 2004 ENGLEWOOD CITY OF PWSID #COO l 03045 Attn: Joe Pershin 1000 ENGLEWOOD PARKWAY ENGLEWOOD, CO SO 110-2373 Re: Implementation of the Lead and Copper Rule De:ir Joe Pershin: Col orado Department of Public Health and Environment I am writing to public water system representatives today to increase awareness of some of the implementation issues surrounding Article S of the Colorado Primary Drinking Warer Regulations (CPD WR), more commonly referred to as the 'Lead and Copper Rule' or LCR. These are the requirements Colorado public water systems must implement to ensure consumers are not exposed to excess levels of lead and copper in their tap water. Earlier this year you may have seen reports in the national news of an incident involving high lead levels in drinking water at consumer taps in Washington, D.C. While it is currently believed that the high lead levels can be attributed to a change in the system· s disinfection treatment process. there were a number of other oversights involving both the public water system and the primacy agency (in this case. Region III of the Environmental Protection A.gency, EPA) that should have, but failed to. pre vent excessive lead levels in the drinking water at consumer taps. Subsequent investigation by EPA supports the view that this was a localized incident and not a national issue. Nevertheless. it is prudent that we all review our implementation practices to ensure we are not subject to similar failures. Specifically, the Division is recommending that every public water system covered by the LCR take the following actions: I. If you have made a change to any of your system· s treatment processes or water sources since optimizing corrosion control treatment. notify our lead and copper rule manager (see below) and ensure corrosion control treatment is re-optimized. "Changes to any of your system's treatment processes" includes. but is not limited to: changes of coagulant. disinfectant. polymers. filter aids, corrosion inhibitors. acids or bases. or any other chemical addition. Further, it includes any changes to the applied dose of such chemicals if that applied dose is out of the range of the dose used during the period that optimized corrosion control was demonstrated. In the event any other changes were made for which you are unsure whether reporring and re-optimization is necessary. please also contact our lead and copper rule manager. 2. Review the materials evaluation of your distribution system completed during initial tap monitoring to ensure that the pool of targeted sampling sites meets the requirements of the CPD WR, and that consecutive and integrated systems have been included in the evaluation. In the event that any changes are required, please contact our lead and copper rule manager. ., .,, ...... -~--------... ~ ....... ~·-·-·. -·· .. ·--------·. ··-· . -~'SEP-07-2004 TUE 09: 56 AM ALLEN PLANTD ~:,..~-FAX NO. 303 783 6853 ---~~:.~---·· P. ~1 ·!tf!:,, -. ;.;,. · · August 27. 2004 Page 2 of2 3. Review the sampling siti!S used for annual or triennial (i.e., reduced) monitoring to en.sure that the sites selected are the highest 1isk sites, and if changes are required, please contact our lead and copper rule manager. 4. Although Public Educat .on is required only if ten (l 0) percent of the sample sites exceed the lead action level, notifying affected consumers that the action level at their sampling location is exceeded provides them an opportunity to take protective measures. Accordingly, if the overall system is below the lead action level, but a samp le result at an individual sampling site exceeds the action level, we recommend that the occupants of th< it site be notified and provided educational materials so they can make infonned decisions of how best to reduce their exposure and avoid possible adverse health affects. 5. There is no regulatory ri~quirement for public water systems to provide any special assistance such as sampling directions or educational materials to schools or juvenile day care centers. Yet, these institutions host some of the most sensitive populations with respect to lead exposure, our children. We encourage public water systems to be aware of the positive outcomes they can provide by helping ensure that schools and day care facilities located in their service areas take appropriate steps to ensure they are not the source of exces~ lead exposures. The Division is also taking to ai:tion to help ensure that consumers are protected from lead in their drinking water provided by public water systens. During the recent revisions to the CPD WR the Division adopted language to bring State requirements into close alignment with the national requirements so as to reduce the opportunity for systems to be confused (a comf ·lete copy of the CPD WR, including the Lead and Copper Rule in Airicle 8, can be fmmd at the Division's web sitf : at: www .cdohe.state.co.us/wq/DrinkingWater). Following these revisions, the Division has been revising its internal compliance assurance procedures to improve timeliness and consistency of response. As a result, some public water systems have been subject to changes that affect their monitoring and reporting requirements. and sorne have been affected by changes in the Division 's response to system monitoring results. Finally, the Division is in the final stages of developing a LCR guidance document for public water•systems that will illuminate the most signifi .;ant aspects of the rule. We are planning to distribute this document in .the next month and are hopeful that it "'ill make implementing this sophisticated and complex rule more effective . In the interim, if you have questions about compliance with the rule , please contact our rule manager, Lauren Worley, by telephone at 303-692-3547 •)r by electronic mail at lauren. worlev (w state.co.us. Thank you for your attention to these important means to protect the health of our consumers. Sincerely yours, I v-f j)~! , . J Av~ f 1;,, Y :,,/'?· IV; Chester f. Pauls Drinking Water Program Mamger Water Quality Control Division cc: Public Water System Drinking Water file J:\Pb _ Cu\System Letter 2004\ChetPaul.PbCu.ltr.doc Post-it-Fax Note Date ~- Phone It Phone It Fax It ... ~.': Joe Pershin From: Joe Pershin Sent: Friday, September 03, 20041:59 PM To: 1auren.worfey@state.co.us' Subject: Lead/Copper Issues Hello Lauren, Attached are responses to Chet Pauls letter dated August 'l!, 2004. I have addressed the 5 bullets and added an exp lanation of Engiewood's.corrosion control process. If you need a formal hard copy in a letter format I will be glad to provide it. AJso , if you have any concerns about Englewood's processes, feel free to call or e-mail me and we can discuss it My phone number is 303-783-6826. Please excuse the use of Excel, I feel more comfortable in it than in Word. Joe Pershin 9/3/2004 1. Response to Letter Dated August 27, 2004 from Ch et Pauls City of Englewood PWSID #CO 0103045 Change in treabnent processes a. Still use free cholrine for initial disinfection but have switched to chloramines for residual disinfection. Changed in June 2002. Of course, with the change to chloramination, the chlorine dosage has changed slightly. b. Still use aluminum sulfate as the primary coagulant but are evaluation (full-scale) other coagulants (polyaluminum chloride, acidified aluminum sulfate). Because of the D/DBP Rule and the IESWTR, we have practiced enhanced coagulation since the beginning of 2002 . 2., 3. Distribution system and sampling sites Englewood is land-locked and not growing. The viability of sampling sites remains fairly constant 4. Public education Since the Lead/Copper Rule monitoring program started, there has been only one lead sample over the action limit and none for copper. That one sample was resampled and came back under the action limit All residents of sampling sites are notified of the results for their system and given literature on how to reduce exposure to lead and copper . 5. Schools and day care facilitie~ Starting this fall, Englewood will sample for lead and copper at all elementary schools and day care facilities. A brochure will be distributed to outline why we are doing the monitoring and how to reduce exposure to the comtaminants. Englewood was required to sample for lead and copper in 2002 and found no results over the action levels. As a general rule , Englewood monitors the finished water using the Langlier Saturation Index for corrosion control and uses caustic soda to raise the pH to the optimum levels. -..:·: A TT. 8 UNITED STATES ENVIRONMENTAL PROTECTION AGEN __ REGION VIII 999 18th STREET -SUITE 300 DENVER, COLORADO 80202-2466 http:JtwwwSeEPg2''1~o~°( Ref: 8TMS-G Steward Fonda, Director City of Englewood Utilities & UE Vl/Vl/TP 1000 Englewood Parkway Englewood, CO 80110 Dear Mr. Fonda: Re: Wastewater Infrastructure XP988677-01 We are pleased to inform you that we are approving your application for the Wastewater Infrastructure in the amount of $964,300 . This award represents 100% of your Special Appropriation Act FY 2004 allocation. Please sign and date all copies of the enclosed award , retain the recipient copy for your files and return the EPA copy to the Grants , Audit and Procurement Program Office (8TMS-G). If you have any questions regarding the administrative requirements, please contact Joyce Brame at (303) 312-6367 or via email at brame .joyce@epa.gov. If you have any questions regarding the technical requirements , contact Bruce Suchomel at (303) 312-6001 or via email at suchomel.bruce@epa .gov. As a reminder , grant payments for EPA Region 8 recipients has been transferred to the EPA Las Vegas Finance Center. Please refer to your notification letter for instructions or contact Bill Pumphrey at (702), 1~98,12493. s_ i rre,ty~ .. Enclosures cc: Mark Van Nostrand, Eng lewood Jenny Nolan, Englewood Bruce Suchomel, 8P-W-MS Bill Pumphrey, LVFC I 1 '~ / I ; I t • f i\ y~b Anthofer , Director Gr nt~, Audit & Procurement Program Office :-.. ; .... :.., ."'··~ ::-·:~·~~~·.~· . Printed on RBcyr:/fld Paper ·.l • Revised: October 2003 Special Appropriations Act Project Quarterly Status Report -_Federal Fiscal Year Report Number_ As of: MMJDD/YY Grantee Name: Grant Number: XPxxxxxx-xx Grant Amount: $ Amount Paid To Date:$ Construction Start Date: Latitude (decimal format): Project Description: (brief...) Project Status: Comments: Prepared bv: e-mail: tile : Templ<ite . Quart~r l y Prnject Status Report.wpt.l Award Date:00/00/200X Total Cost:$ Grant%: xx% Budeet & Project Period: 00/00/200X NPDES Number: SDWIS Number: Lon~itude (decimal format): Phone: Fax: ::r----------. :, ., ; RECIPlENT COPY XP -9886no1 -o Page 1 ASSISTANCE ID NO . ..,EOS1'"4~ U.S. ENVIRONMENTAL PRG I DOCID !AMEND# DATE OF AWARD . ft . PROTECTION AGENCY XP -98867701 -0 SEP 1 4 ?nil/a \~l TYPE OF ACTION MAILING DATE New SFP 9 1 "'"' ~~~ Cooperative Agreement PAYMENT METHOD : ACH# - Reimbursement RECIPIENT TYPE: Send Payment Request to: Municipal Las Vegas Financial Center- LVFC RECIPIENT : PAYEE : City of Englewood City of Englewood 1000 Englewood Parkway 1000 Englewood Parkway Englewood , CO 801 10-2304 Englewood , CO 80110-2304 EIN: 84-6000583 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Mark Van Nostrand Bruce Suchomel Joyce Brame 1000 Englewood Parkway 999 18th Street , Suite 300 , 8P -W-MS Grants , Audit & Procurement Program Office , Englewood . CO 80110-2304 Denver, CO 80202-2466 8TMS-G E-Mail: mvannostrand@englewoodgov.org E-Mail: Suchomel.Bruce@epa .gov E-Mail: Brame .Joyce@epamail .epa .gov Phone: 303-762-2657 Phone: 303-31 2-6001 Phone: 303-312 -636 7 PROJECT TITLE AND DESCRIPTION Wastewater Infrastructure -STAG Cities of Little ton /Englewood wastewater treatment plant , phase 2 expansion pro ject BUDGET PERIOD I PROJECT PERIOD TOTAL BUDGET PERIOD COST I TOTAL PROJECT PERIOD COST 10/01 /2004 -09/30/2008 10/01 /2004 -09 /30 /2008 S1 . 753 ,273.00 $1 , 753 ,373 .00 NOTE : The Agreement must be completed in duplicate and the Original returned to the appropriate Grants Management Office listed below, within 3 calendar weeks after receipt or within any extension of time as may be granted by EPA. Receipt of a written refusal or failure to return the properly executed document within the prescribed time , may result in the withdrawal of the offer by the Agency. Any change to the Agreement by the Recipient subsequent to the document being signed by the EPA Award Official , which the Award Official determines to materially alter the Agreement, shall void the Agreement. OFFER AND ACCEPTANCE The United States , acting by and through the U.S . Environmental Protection Agency (EPA), hereby offers Ass istance/Amendment to the Cit! of Englewood for 55.00 "lo of all approved costs incurred up to and not exceeding $964,300 for the support of approved budget period effort described in application (including all application modifications) cited i n the Project Title and Description above , signed 08/03/2004 included herein by reference . ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION I ADDRESS ORGANIZATION I ADDRESS Environmenta l Protect ion ,Agency , Region 8 U.S. EPA , Region 8 999 18th Street , Suite 300 Office of Partnerships & Regulatory Assistance (OPRA ) Denver, CO 80202-246~- //,,,,.,.,· 999 18th Street , Su ite 300 /'\ ! Denver , CO 80202-2466 i '" T}tE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATURf OF A~tf1D'i1f!~L i I 11 ~· I TYPED NAME AND TITLE Wayne Anthofer , Director sat~T' 2004 This ~g~e:i,~~t is subject to applicable U.S. Environmental Protection Agency statutory provisions and assistance regulations. In acce~ting thisj award or amendment and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act on behalf of the recipient organization, and (2) the recipient agrees (a) that the award is subject to the applicable provisions of 40 CFR Chapter 1, Subchapter B and of the provisions of this agreement (and all attachments), and (b) that acceptance of any payments constitutes an agreement by the payee that the amounts, if any found by EPA to have been overpaid will be refunded or credited in full to EPA. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE I TYPED NAME AND TITLE I DATE Stewart Fonda . Ddirector of Ut ilities & UE WWTP - EPA Funding Information XP -98867701 -0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 964 ,300 $ 964,300 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $0 Other Federal Funds $ $ $0 Recipient Contribution $ $ 788 ,973 $ 788 ,973 State Contribution $ $ $0 Local Contribution $ $ $0 Other Contribution $ $ so Allowable Project Cost so $ 1,7 53 ,273 s 1,753 ,273 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66 .606 -Surveys -Studies -Investigations and Consolidated Appropriations Act of 2004 (Pl 40 CFR PART 31 Special Purpose Grants 108-199 ) Fiscal Site Name DCN FY Approp. Budget PRC Object Site/Project Cost Obligation I Code Organization Class Organization Deobligation -KPG149 2004 E4 08KOQV3 202851E 41.83 --964,300 964 ,300 i '.• ·, B udget Summarv Paqe Table A -Object Class Category (Non-construction) 1. Personnel 2. Fringe Benefits 3. Travel 4. Equipment 5. Supplies 6. Contractual 7. Construction 8. Other 9. Total Direct Charges 10. Indirect Costs: % Base 11 . Total (Share: Recipient 45.00 % Federal 55 .00 %.) 12. Total Approved Assistance Amount 13 . Program Income ,. ~"'} -!~~~~ , . .. -~.; XP -98867701 -0 Page 3 Total Approved Allowable Budget Period Cost $0 $0 so so $0 $0 $1 ,753 ,273 $0 $1 ,753 ,273 $0 $1 ,753 ,273 $964 ,300 $0 ' MARTIN AND WOOD WATER CONSULTANTS . INC. Mr. Stewart Fonda, P.E. Utilities Director City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Dear Stu, July 26, 2004 A 11. CJ 602 Park Point Drive. Suite 275. Golden. CO 80401 Phone: (303) 526-2600. Fax: (303) 526-2624 email: pjtmwi@aol.com Confirming my conversation with you this morning, this letter is to advise you that Martin and Wood may work on a change of water rights in the lower South Platte River, downstream from the City of Greeley, for a large industrial water user. Thank you very much. JTW:ma Very truly yours, ~fu~uJC'r~ JoVfom Wood, P.E. President