HomeMy WebLinkAbout20013049 / WELD COUNTY TM-AREA SANITATION DISTRICT
PHONE: 303-833-2977 FAX: 303-833-0660
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%-ett 401 Locust Street - , e: 16
P. O. Box 213
Sik / Frederick, Colorado 80530
�'= email: wctasd@4dvision.net
October 19, 2001
Weld County Commissioners
ATTN: Mr. M.I. Giles, Chairman
and Board of County Commissioners of the County of Weld
915 10th Street
Greeley, CO 80631
RE: SouthWest Weld Drainage Authority Intergovernmental Agreement
Gentlemen:
After careful deliberation the Board of Directors of the Weld County Tri-Area
Sanitation District ("Tri-Area") unanimously decided that Tri-Area should not execute the
current version of the IGA that would create the SouthWest Weld Drainage Authority
("Authority"). The Board's action does not stem from any lessening of its support for the
Authority. Rather, the Board is deeply concerned that certain fundamental issues relating to the
financing and operation of the Authority should be worked out before the Authority is
organized and not subsequent thereto.
Please understand that Tri-Area and other potential members of the Authority currently
provide drainage service. Unless adequately addressed in the IGA, the formation of an
overlapping Authority creates the potential for the following with respect to all members that
currently provide drainage service:
I. fragmentation of drainage responsibilities and confusion among
residents who may be subject to regulatory control by more than one entity;
2. duplication to some extent of management, administrative and
maintenance personnel;
3. disproportionately high operation and maintenance expense due to the
fact that the member and the Authority may each impose separate drainage fees.
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To address these impacts that the Authority may have upon those members who
currently provide drainage service, Tri-Area believes it desirable that the IGA address the
following issues:
I. I ocalization of Capital Costs. Recovery of capital costs for drainage
improvements that benefit a specific drainage basin or basins should be confined to the
benefited area. This concept was supported verbally by the proponents of the Authority but it
has not been incorporated into the IGA. Capital costs should be defined to include all drainage
studies and related soft costs such as engineering, legal and design fees.
2. Cooperation and Mutual Assistance. To evidence the spirit of
cooperation in which the Authority is being organized, there should be a provision in the IGA
stating that the Authority will work cooperatively with each of the contracting members and that
the organization and operation of the Authority is not intended to, nor will it adversely affect
any member's ability to provide drainage services or to impose rates, fees, tolls or charges or to
collect other revenue for drainage services or improvements.
3. Capital Protect Review. As further evidence of the cooperative nature
of the undertaking, there should be a provision in the IGA that states that no capital
improvement will be constructed within the territory of any contracting member without the
contracting member's prior approval. With such a provision each member can be assured that
its citizens will not be subjected to capital recovery fees that the member's governing body did
not first approve.
4. Authority Membership Because of the impact the Authority may have
on residents and property lying within its territorial boundaries, Tri-Area reiterates and
supports the concept advanced by a member of the Division of Local Government that only an
elected official from each contracting member should be allowed to serve on the Authority's
governing body.
S. Member Withdrawal A member should be allowed to withdraw from
the Authority and to limit its citizen's responsibility for capital costs incurred by the Authority
from and after the date of the member's withdrawal. Consideration should also be given to
realigning the Authority's boundary upon the withdrawal of a member to exclude that member's
territory, even though that territory will remain obligated to pay its proportionate share of any
outstanding debt that was incurred prior to the date of withdrawal. A withdrawing member s
ongoing maintenance obligations, if any, should also be addressed by the IGA.
6. Operation and Maintenance Costs. Because of the potential for double
assessment of drainage fees, it would be desirable if the IGA affirmatively stated that in the
calculation of any drainage fee designed to recover operation and maintenance costs, credit is
given to those contracting members who already provide such service so as to mitigate against
the potential that any resident or property will be double-charged for drainage services.
•
The foregoing is intended to be constructive only and Tri-Area reaffirms its support for
the Authority. It is our sincere belief that further discussion and evaluation of the issues set
forth above will ony enhance the usefulness of the Authority and will reduce the potential for
subsequent disagreement and discord that would be counterproductive and detrimental to all of
us who are sincerely interested in addressing the Area's drainage needs.
Respectfully, ..�
Anthony
Weld Cou ty Tri-Area Sanitation District
President
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