The URL can be used to link to this page

Browse Search

Home My WebLink About20020529.tiff DACONO SANITATION DISTRICT 217 4Th ST., P.O. BOX 204 DACONO, CO 80514 (303) 833-2206 FAX: (303) 833-4701 February 26, 2002 Weld County Board of County Commissioners P.O. Box 758 Greeley, CO 80632 Re: Current, accurate boundary map IGA between St. Vrain Sanitation Dist. & Dacono Sanitation Dist. Dear Sirs, Please find enclosed a copy of the IGA between St. Vrain Sanitation District and the Dacono Sanitation District, and a current boundary map for Dacono Sanitation District, which shows the areas affected by the IGA between the two districts. I am also enclosing an updated listing of the current Board of Directors for the Dacono Sanitation District. Sincerely, Dacono Sanitation District i -111- t s Trejo'-,J Di trict Clerk 5 v c0 7Z% 3._ _P (1(71 .4L) eA 2002-0529 DACONO SANITATION DISTRICT 217 4TH ST., P.O. BOX 204 DACONO, CO 80514 (303) 833-2206 FAX: (303) 8334701 LIST OF DIRECTORS FOR DACONO SANITATION DISTRICT AS OF 2-26-02 PAUL NUTTING, PRESIDENT 510 Sundance Parkway Dacono, CO 80514 PHONE: (303) 833-5935 CRYSTAL CASHION, VICE-PRESIDENT 1218 MacKay Court Dacono, CO 80514 PHONE: (303) 833-4585 LINDA STEPIEN, SECRETARY/TREASURER 202 Sundance Parkway Dacono, CO 80514 PHONE: (303) 833-2901 ROBERT C. RENNER 1050 Glen Dale Circle (P.O. BOX 115) Dacono, CO 80514 PHONE: (303) 833-3835 DONALD E. NOEL 1061 Glen Creighton Drive Dacono, CO 80514 PHONE: (303) 833-2822 CONTACT PERSON: GLORIA BLACK OR KRIS TREJO P.O. Box 204 Dacono, CO 80514 PHONE: (303) 833-2206 mm /f r MM f % hl j St . Vrain San. istrict I d — , s t vt l --•�— .�. �--=- ,ter- — - ll',,,, l gw:*ht _ 7 f 12 • ... 4j' _, 1'----4-- i '. f Tn acono San District t4 Jy 19 - r yi < .. St . i' IG`y U !, yfil 21 9t, 124 0 }uyi.yr {iw�j 0, r., uw f i 2e ��'� 25�._ i0 VI ° Dacono Sanitation District ADacono S.DtrNorthglenn piii Saint Vraln S.D Weld County Tri-Area S.D. 0 0.5 1 Miles N INTERGOVERNMENTAL AGREEMENT REGARDING SANITARY SEWER SERVICE 1. PARTIES. The parties to this Intergovernmental Agreement Regarding Sanitary Sewer Service ("Agreement") are the DACONO SANITATION DISTRICT ("Dacono San"); and the ST. VRAIN SANITATION DISTRICT, ("St. Vrain"). Both parties are sanitary sewer districts organized under Title 32 and political subdivisions of the State of Colorado, 2. RECITALS AND PURPOSES. St. Vrain serves users in the vicinity of the Interstate 25 corridor in southwestern Weld County, generally from Weld County Road 8 on the south to Highway 66 on the north. St. Vrain has sized, and is extending, its sanitary sewer system (herein, "system") to serve both the unincorporated areas of Weld County in this general vicinity, and those portions of various municipalities which lie within the drainage basins which St. Vrain serves, or can serve, by gravity. In so doing, St. Vrain has incurred general obligation indebtedness, the repayment of which is dependent upon future revenues derived from various sources, and specifically including property taxes. Further, St. Vrain is the designated sanitary sewer provider within its designated 208 service area as defined by the Areawide Water Quality Management Plan adopted by the Colorado Department of Health. The City of Dacono has established its municipal Planning Area in anticipation of future annexations. Certain portions of the City of Dacono's Planning Area are either currently within the St. Vrain's 208 service area or may be more efficiently and economically serviced by St. Vrain utilizing gravity flow to its existing treatment facility in lieu of service by Dacono San utilizing one or more lift stations. The parties desire to execute this Agreement, under the authority of Section 29-1-201, et seq., C.R.S., to address issues of mutual concern and to provide sanitary sewer service by gravity flow to certain areas in a practical and economical manner. Accordingly, the parties agree to the following terms and conditions. 3. APPLICABILITY. The Agreement shall be applicable to territory that is (a) currently within the City of Dacono's designated Planning Area; or(b) that has been previously annexed to the City of Dacono; and (c) such territory lies, or will be included pursuant to this Agreement, within St. Vrain's designated 208 service area and which can be served by St. Vrain's existing gravity flow sanitary sewer system or by gravity-fed extensions thereto. For purposes of this Agreement, this territory shall be referred to as "Area" or "Subject Area" and is depicted on the attached Exhibit A and labeled as "Subject Area. " 4. DRAINAGE BASIN BOUNDARY LINE. The parties hereby acknowledge and agree that the boundary separating the parties' respective gravity flow drainage basins is the geographic top of the ridge which is depicted on Exhibit A and labeled as "Drainage Basin Boundary Line. " The parties acknowledge and agree that this ridge line may bisect a proposed development and that an area extending a short distance on both sides of the ridge line can be served by gravity from either drainage basin, depending upon the circumstances, with lines that are not inordinately deep. The parties acknowledge and agree that the City of Dacono, possessing land use authority, shall determine which party shall service such portions of such bisected development. The parties further agree to oversize any such line over 15 feet in depth to accommodate a future liner, should such maintenance be required. 5. SERVICE AREA ADJUSTMENT. Notwithstanding the provisions of paragraph 4 to the contrary, the parties acknowledge and agree that there is a narrow strip of territory approximately three miles in length, comprising approximately 740 acres of land that presently lies within the designated 208 service area of Dacono San but which can be more economically and efficiently serviced by St. Vrain. Accordingly, the parties agree that they shall cooperate to adjust their respective designated 208 service areas by application to the Northern Front Range Water Quality Planning Council. 6. INDIVIDUAL SEWAGE DISPOSAL SYSTEMS. The parties agree to utilize their respective best efforts to preclude the installation of individual sewage disposal systems ("ISDS") for any new construction or development within the Subject Area. Properties which currently are serviced by ISDS shall not be required to connect to St. Vrain's sanitary sewer system until such time as the property is either (a) located with St. Vrain 's boundaries and within 400 feet of St. Vrain 's lines; or(b) annexed to the City of Dacono and within 400 feet of St. Vrain's lines; or (c) otherwise required by state statute, state health regulations, or municipal ordinance to connect to a public sanitary sewer system. 7. CONDITIONS PRECEDENT TO SERVICE BY ST. VRAIN. As a condition precedent to service by St. Vrain to properties within the Subject Area, St. Vrain will require the following, (as more fully set forth in its Rules and Regulations which may be amended from time to time): 7.1 Inclusion of such properties pursuant to Sec. 32-1-401, CRS. 7.2 Execution of a Line Extension Agreement if an off-site sanitary sewer line extension is required to be constructed to serve properties within the Subject Area; the agreement to include provisions for the reimbursement of the costs and expenses incurred in the construction of the off-site portion of the line extension. Such reimbursement will be made from the proceeds of a line reimbursement fee paid to St. Vrain for structures which are serviced by such off-site extensions. 7.3 Execution of a Subdivision Service Agreement which will include a commitment to service the development, tap activation, design and construction standards, easements, transfer of ownership of constructed lines, warranties, oversizing, and compliance with St. Vrain Rules and Regulations. 7.4 Payment of applicable connection and line extension reimbursement fees before building permits are issued, and confirmation that all sewer service installation requirements have been met before issuance of a certificate of occupancy. 7.5 All service to be subject to St. Vrain's Rules and Regulations. 8. NO LAND USE AUTHORITY. The parties acknowledge that neither party possesses any zoning or other land use regulatory powers or authority and that such zoning/land use regulatory authority for the Subject Area rests with either the City of Dacono or Weld County. 9. PUBLIC HEALTH RESPONSIBILITIES. St. Vrain shall be solely responsible for public health matters relating to its sanitary sewer system for service to properties within the G 1CLIENTS$I.SAINTIGASIIGA OACONO SAN 1111301.D00 2 11/19/01 10:39 AM-RNL Subject Areas and which are serviced by St. Vrain. For properties which have been annexed into the City of Dacono, all other public health matters not involving St. Vrain's system shall be subject to the City of Dacono's reasonable exercise of its regulatory police powers. 10. NON-SERVICE. In the event that St. Vrain is unable to service any property within the Subject Area, or, if capable of servicing the subject property, St Vrain determines that it should not service the subject property because it is not in the best interests of St. Vrain to do so, it shall cooperate with Dacono San and the City of Dacono in their respective efforts to obtain service for such property by alternative means. 11. REGIONALIZATION. St. Vrain's long-range master plans include the expansion of its wastewater treatment plant to accommodate growth within the Weld County I-25 Mixed Use Development Area, unincorporated areas of southwestern Weld County, and certain developments which may be annexed into Erie, Frederick, Firestone or the City of Dacono. Other service providers within the St. Vrain drainage basin (such as Erie, Mead and Weld County Tri-Area Sanitation District) may require similar plant expansions or re-locations of their treatment plants. Pursuant to its current policy, the Colorado Department of Health and Environment, Water Quality Control Division, may require consolidation of the facilities of these service providers into a regional wastewater treatment facility. The parties recognize the potential benefits to be obtained by regionalization and/or consolidation of sanitary sewer services within the St. Vrain River Drainage Basin. To this end, the parties hereby agree to meet and confer on issues of mutual concern, including the timing and manner of planning for regional wastewater treatment facilities and possible consolidation of service, upon the request of either party, the Department of Health, or another service provider in the area. 12. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing to the other party or parties, with a copy to the parties' respective legal counsel at such address or addresses as may be provided to the other party. Such notice shall be deemed to have been given when deposited in the U.S. Mail. 13. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 14. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action reasonably necessary to carry out this Agreement. 15. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. G'.1CLIENTS\SISAINT IGASUGA DAOONO SAN 111901 DOC 3 11/18/0110'.99 AM.RNL 16. WAIVER OF BREACH. The waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 17. BINDING EFFECT; NO THIRD PARTY BENEFICIARY. This Agreement shall inure to the benefit of, and be binding upon, the parties, and their respective legal representatives, successors, and assigns. The parties, by entering into this Agreement, do not intend to grant or confer any rights or benefits to or upon any third party and this Agreement shall not be construed, nor is it intended to be, a commitment by either party to provide sanitary sewer service to any particular development or property. 18. GOVERNING LAW. This Agreement shall be governed by the laws of Colorado. 19. TERM. In recognition of the cost of capital construction for collection system, trunk line, conveyance, and treatment facilities and the critical importance of routing for a gravity sewer system, the term of this Agreement shall remain in full force for a period of 20 years from the date set forth above, at which time it shall be reviewed. Dacono San and the St. Vrain agree that not less than one hundred twenty (120) days prior to the expiration of this Agreement, both parties shall jointly review the Agreement for the purpose of considering the advisability of extending, altering, or modifying this Agreement. DATED: , 2001 DACONO SANITATION DISTRICT 217 Fourth Street Dacono, 7774779� By C/ President ATTEST: Secretary ST. VRAIN SANITATION DISTRICT 436 Coffman Street, Suite 200 Longmont, O 80501 By ti resident ATTES • Secret ry G1CLIENTS\S\SAINTIGASUGA DACONO SAN 111901 DOC 4 11/18'014D:3B AM•RNL St. Vrain Sanitation District Service Area within City of Dacono Planning Area - _lp : °. :Storage' ,• : ms 6' corn A9BP .. • • T 11i DaCoM / • --( • !-. .. - Mine ,• 1 _ 'Dumps , I. • _ _ . . , , _ 6 . 2 1 • .water I • 7 TankMine& ,yr (i b off' St. Vrain • i • Sanitation Qis'rict .0-\ --. I - I • 5097 i I.L j \ /7 _ 5078 .— 4 5A�a r � — jo + --__ + ) to A • •.. % w • i —�Pger _� o D Wage-Basin re oundry 14 1 —' �� Mlne e w ._i 8$ rca3tvgTl1 __. 12�.�__ 7 I lo 4eer•a Dacono t�� _ o �I t of Sanitation i ` Disttict,• I I •.i / T 1 5030 ---5- —4-1--5. .r, i 370 :. ". 1 ro r, i - 0 O • 9 Mine r l A •. ew I 1 s _ o • y4/ • 75/ ia T•10-7V i3 , is • t , one I t ( _ '5 Q) a ..X5099.. i �_�—._ 5/E2 I _i— 1 I I / A I • 1999 Areawide Water Quality •• ,• •.• Managment Plan Service Area Boundry N between St. Vrain and Dacono Sanitation Districts Exhibit A IIII Subject Area 10-23-01 Hello