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INTERGOVERNMENTAL AGREEMENT FOR
TREATED WATER SERVICE
BETWEEN THE CITY OF GREELEY, COLORADO
AND THE CITY OF EVANS, COLORADO
THIS AGREEMENT is made thiOISt day of Apr-, l , 1998, by
and between THE CITY OF GREELEY, Colorado, a home rule municipality ("Greeley") and
THE CITY OF EVANS, Colorado, a home rule municipality ("Evans"), for the treatment and
delivery of potable water to the City of Evans by and through the supply, treatment facilities, and
transmission lines of the City of Greeley, Colorado.
WHEREAS,pursuant to § 29-1-203, C.R.S., governments may cooperate or contract with
one another to provide any function,service or facility lawfully authorized to each of the cooperating
or contracting units of government; and
WHEREAS,the City of Evans and the City of Greeley are neighboring municipalities which
have a common interest in obtaining high-quality water in sufficient quantity to meet present and
future needs; and
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WHEREAS,the citizens of Evans desire long-,term reliability in treated water; and
WHEREAS, Evans and Greeley can cost-effectively combine their demand for treated water
through one system of supply, treatment,transmission, and treated water storage thereby achieving
economies of scale; and
WHEREAS, in addition to its own needs and demand, Greeley has the capacity and the
facilities to meet the needs of Evans for water treatment and transmission as are more fully set forth
herein; and
WHEREAS,Evans and Greeley shall and will continue to own their water rights individually
and separately, each municipality relying upon the yield of its own water rights to provide the raw
water necessary for treatment proposed under this agreement; and
WHEREAS, Greeley and Evans are agreeable to entering into a long-term contract for the
treatment and delivery of potable water to Evans through an intergovernmental agreement; and
WHEREAS, the parties are desirous of reducing the understandings,terms, and conditions
of said agreement to writing.
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Evans-Greeley Finished Water Agreement 27 March 1998
NOW THEREFORE,IN CONSIDERATION of the mutual covenants, undertakings,terms
and conditions contained herein,the parties agree as follows:
1. DEFINITIONS. The terms used herein are defined as follows:
1.1 "Greeley" shall refer to the City of Greeley and any authorized representative thereof.
1.2 "Greeley water system" or "Greeley water system enterprise" shall refer to Greeley's
water treatment plants, treated water conveyance and storage systems, pump stations and related
appurtenances for the collection, distribution and measurement of water.
1.3 "Peak daily demand" means the greatest rate of treated water delivered by Greeley to
Evans over a twenty-four hour period,beginning at midnight, in a given day.
1.4 "Peak hourly demand" means the greatest rate of treated water delivered by Greeley to
Evans over sixty consecutive minutes for any given day of the calendar year.
1.5 "Evans" shall refer to the City of Evans and any authorized representative thereof.
1.6 "Evans system" or "Evans water system enterprise" shall refer to Evans' treated water
conveyance and storage systems, pump stations, and related appurtenances for the distribution of
water downstream of master meters gauging Greeley's delivery to Evans.
1.7 "Year" means a calendar water year beginning on January 1 unless otherwise noted.
1.8 "Evans Bellvue Demand"is Evans' total water use in December, January, and February
multiplied by four and represents the portion of Evans' annual demand satisfied by the .Bellvue
• treatment plant.
2. USE. Pursuant to the terms of this intergovernmental agreement, Greeley agrees to treat
water, usable in the Greeley water system and approved for municipal use in Evans system under
Colorado law,for Evans in the manner and in such amounts as are more fully set forth herein. Evans
will distribute no treated water except that received through the Greeley Water System except in
emergencies without Greeley's prior approval, nor will Evans sell water for resale by others.
3. POINT OF DELIVERY.
3.1 Treated water from the Greeley water system shall be delivered to Evans through
multiple master meters, the location of which will be mutually established and agreed upon in
writing by both municipalities.
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,P"\ Evans-Greeley Finished Water Agreement 27 March 1998
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3.2 Unless otherwise agreed upon between the parties, Greeley shall construct, own and
maintain treated water meter vaults,meters,back-flow prevention devices and all associated facilities
located at the delivery points. As meters and appurtenances now owned by Evans are replaced,
Greeley shall construct,own,and maintain the new meters. All of the costs of the metering facilities
attributable to service to Evans shall be paid by Evans by and through inclusion in the Evans rate
base charged by Greeley and more fully described in paragraph seven of this agreement. Greeley
agrees to design, construct and maintain all metering facilities in a prudent and cost effective
manner. Evans agrees to secure and provide such easements as may be required by Greeley for •
metering facilities,and to guarantee access to metering facilities for Greeley. Each water meter shall
be operated and maintained so as to record both cumulative flow and, as needed, maximum hourly
and maximum daily flow within the accuracy prescribed by current American Water Works
Standards. Each municipality will give the other seven calendar days notice prior to any routine or
independent meter test. Evans shall have access to all metering facilities herein contemplated to read
meters as Evans may deem necessary.
4. POTABLE WATER PROJECTIONS AND SYSTEM CAPACITY
4.1 No later than April 1 of each year,Evans shall provide written notice to Greeley
of its projected treated water requirements for the current calendar year and the five consecutive
years following the year in which such notice is given. The projections in the notice shall include,
at a minimum: estimated total annual consumption, estimated maximum day, estimated maximum
hourly usage, planned system facility changes, and additional points of delivery to Evans from
Greeley. Any actual usage in excess of projected peak or total demands which has a cost impact,
excepting fire flow or other emergencies, shall result in supplemental demand charges as determined
by the cost-of-service rate study and approved by the Greeley Water and Sewer Board.
4.2 :[f Greeley determines the Greeley water system will be unable to meet.Evans'
projected demands, Greeley will give Evans notice two years prior to the projected capacity
limitation. Evans shall have authority to obtain water beyond the capacity limitation from other
sources. Greeley will use its best efforts to avoid a capacity limitation.
5. RAW WATER REQUIREMENTS. Evans shall acquire sufficient water rights which
shall be usable in the Greeley water system and approved for municipal use in the Evans system
under Colorado law in order to satisfy the treated water requirements of Evans, expressly subject to
the following conditions:
5.1 On or before April 15 of each year, Evans shall transfer to Greeley sufficient
Colorado-Big Thompson(CBT) water to satisfy Evans Bellvue demand for the full year including
a 5% shrink. Water demands above Evans Bellvue demand shall be transferred to Greeley from
Evans storage accounts in Boyd Lake, after accounting for Greeley and Loveland Irrigation
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Evans-Greeley Finished Water Agreement 27 March 1998
Company shrink and carryover losses, and any other losses, such as spills, assessed by the Company
for water treated at Boyd Lake water treatment plant. Failure of Evans water rights to yield
sufficient raw water during a drought could result in curtailed delivery of potable water to Evans.
5.2 Evans shall pay all assessment costs and running charges on any of the water
provided for treatment by Greeley under this agreement.
5.3 Evans shall be responsible for meeting all monthly return flow requirements of
the raw water provided to Greeley for treatment, state decree accounting, and other requirements of
State or Federal law. While Evans retains dominion and control over its water, Greeley shall
maintain complete and unilateral control over Greeley's system operations. Greeley's raw water
supply system may be used by Greeley to move Evans' water rights to the appropriate location for
treatment. This necessary flexibility of operations may result in less than optimal yield of Evans
water rights.
5.4 Greeley shall be obligated to treat for Evans only that water delivered for
treatment under this Section 5. If metered usage by Evans exceeds the amount delivered less losses,
Greeley shall notify Evans of the shortage. Upon written notification, Evans will have 20 days to
transfer additional raw water to Greeley for treatment. Greeley may, at its sole discretion, agree to
lease additional raw water to Evans at the then raw water surcharge rate established by the Greeley
r Water and Sewer Board and adopted in accordance with section 17-4 of the Greeley City Charter.
6. EMERGENCY OPERATIONS. In the event of a shortage of treated water, caused by
the inability of a component of the Greeley water system to function,Evans and Greeley shall share
proportionally in water use reductions. Greeley shall develop a schedule and method of reducing
water demand, with initial emphasis on reducing all nonessential uses such as lawn and parks
irrigation. If a shortage persists,Evans and Greeley agree to impose emergency rates, developed by
Greeley, which may be different for each customer category and which are intended to reduce
discretionary consumption of treated water. The impact of the emergency rates shall be fairly and
equally distributed among both Evans and Greeley water customers. In a prolonged shortage,Evans
and Greeley agree to adopt a uniform set of enforcement tools and penalties to curtail usage. In any
such event, Greeley will make every effort feasible to continue to meet both Evans' and Greeley's
water demand, including obtaining treated water from other providers. In the event of a shortage,
nothing shall prevent Evans from independently using an alternate source of treated water in
whatever amount Evans deems necessary,until Greeley can again bring its facilities on line.
7. RATES. The rates for treated water delivered to Evans shall be based upon the water rate
cost-of,service model developed by Greeley's water rate consultant, Black and Veatch, and or
modified from time to time and accepted by the Greeley Water and Sewer Board. Evans agrees to
pay the rate of cost--of-service plus ten percent. The cost-of-service rates shall be reviewed annually
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Evans-Greeley Finished Water Agreement 27 March 1998
and adjusted in accordance with section 17-4 of the Greeley City Charter. Evans shall be given 90-
days notice of rate changes. Cost-of-service includes a cost to provide peak demands. The parties
agree that the cost-of-service model and the percentage over cost-of-service paid by Evans will be
reviewed every five years.
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8.BILLING. Bills shall be paid within thirty days of the date due, after which time interest
penalties shall begin to accrue at the rate of one percent per month, or fraction thereof, during the
period in which the bill remains unpaid.
9. NO ACQUIRED RIGHTS OR VESTING IN WATER RIGHTS'OR IN WATER
SYSTEM. As contained in section 17-1 of the Greeley City Charter,the Greeley water system is
an Enterprise, as that term is defined pursuant to article X, section 20 of the Colorado Constitution.
The Greeley water system Enterprise is owned by the citizens of Greeley. Similarly, the Evans
system is an Enterprise, owned by the citizens of Evans.
Evans specifically acknowledges and agrees that no rights or ownership of the Greeley water
system shall become vested as a result of such service. Neither Greeley nor Evans shall,by reason
of any provision of this agreement or the use of water hereunder or otherwise, acquire any vested
or adverse right, in law or in equity, in the water rights or water system owned by the other
municipality. Neither the assignment,use,rental,or license of water or water rights nor the payment
of system development charges shall be deemed to initiate, create, or vest any rights or ownership
by either Greeley or Evans in the other's water rights or water system. Further,Evans shall not assert
or claim any vested rights to continued service.
10. POTABLE WATER. The treated water delivered by Greeley to the Evans master
meters shall be potable water which complies with applicable potable water law.
11. PEAK DEMAND MEASUREMENTS AND DETERMINATION. Each year either
Evans or Greeley or both may register and record peak daily and peak hourly demands. Evans'peak
daily and peak hourly demand factors will either be flow-weighted averages of the several master
meters, or it shall be derived from simultaneous readings from the several master meters, whichever
method generates the highest demand factor. Peaking factors will be calculated based upon the
average of the previous two years actual recorded peak flows. If the average of the peak hourly or
the peak daily demand factors for the two immediately preceding years differs from the factors used
in the most current water rate study,then the next rate study will use the highest recorded peak daily
or peak hourly factor from those two preceding years. If peak daily or peak hourly demands are not
registered in any given year, then the measurements used in the prior year's rate study will be used
for the next rate study. In no case will past year's or current year's water bills be adjusted for changes
in peak demand factors. Until such time as actual peaking factors are determined, Evans peaking
factors shall be assumed to be equal to Greeley's factors which are estimated by Black & Veatch for
use in their rate model.
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Evans-Greeley Finished Water Agreement 27 March 1998
12. SYSTEM DEVELOPMENT CHARGE.
12.1 A system development charge(SDC)shall be due to Greeley when the metered
water delivered to Evans in any year exceeds the acre-feet delivered in the base year. Payment of
system development charges will create a new base year delivery. No system development charges
will be due in subsequent years for metered delivery equal to or less than the new base year delivery.
Payments of the system development charge will occur in twelve monthly increments following the
calendar year in which the exceedance occurs. In no case shall system development charges be
refunded. The initial base year allowance is 1,817 acre-feet.
12.2 The SDC due is a percentage of the then current inside-Greeley 3/4-inch tap
plant investment fee (expressed in$/acre-feet) and multiplied by Evans' consumption in acre-feet
of water metered in excess of the base year delivery. The SDC percentage is calculated as follows:
the typical Evans single-family customer benefits from 75%of Greeley water system, as determined
by the rate model. 'To express Greeley's plant investment fee in terms of$/acre-feet, the average
annual residential demand (190,000 gallons or 0.583 AF per 3/4-inch tap) is divided into the plant
investment fee:
Greeley's PIE is ($2,920) /(0.583 AF/year)= $5,009 per AF/year
Evans 1998 SDC is (75%)*($5,009/AF/yr)= $3,756 per AF/yr
Example: if Evans' 1998 metered flow were 1,825 AF, a SDC of$30,048 would be due:
(1,825 - 1,8117)*($3,756) = $30,048. The new base year would become 1,825 AF.
13. RELEASE, HOLD HARMLESS,INDEMNIFICATION. Both Evans and Greeley
are public entities, as that term is defined pursuant to the Colorado Governmental Immunity Act,
C.R.S. § 24-10-101, et 51Q. The parties to this agreement have the benefits and responsibility
enumerated in the Colorado Governmental Immunity Act. Each party shall defend any and all
claims for injuries o:r damages pursuant to and in accordance with the requirements and limitations
of the Colorado Governmental Immunity Act occurring as a result of negligent or intentional acts
or omissions of the parties, their agents, employees and assigns.
In addition, Greeley shall be responsible for any and all liability for injuries or damages
caused by any negligent acts or omissions of Greeley,its officers, employees and agents,performing
functions or activities upon the property of Evans. Greeley shall provide adequate workmen's
compensation insurance for all of its employees, agents and assigns engaged in activities and
functions upon the property of Evans.
Evans shall be responsible for any and all liability for injuries or damages caused by any
negligent acts or omissions of Evans, its officers, employees and agents, performing functions or
activities upon the property of Greeley. Evans shall provide adequate workmen's compensation
insurance for all of its employees, agents and assigns engaged in activities and functions upon the
property of Greeley.
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Each party shall famish the other party current certificates of insurance stating the coverages
outlined above are in full force and effect.
14. NO PUBLIC UTILITIES COMMISSION CONTROL. Evans, its employees and
elected or appointed officials, agree neither to assert nor support any statement,policy,petition,rule
making, or legislation attempting to place the Greeley water system under the rate making authority
or jurisdiction of the Colorado Public Utilities Commission by virtue of this intergovernmental
agreement or otherwise.
15. THIS AGREEMENT CONTROLS AND SUPERSEDES PREVIOUS
AGREEMENTS. This agreement shall supersede any and all terms and conditions of water supply
agreements previously existing between Greeley and Evans.
16. TERM. In the interest of reliability and security,this agreement shall be for an initial
term of twenty-five years from the date of its execution. After its initial term,this agreement shall
be automatically renewed for successive ten-year terms, unless terminated as provided below.
17. DEFAULT AND TERMINATION.
17.1 In the event either party fails to meet the terms and conditions of this agreement,
such failure shall constitute a default of this agreement and the non-defaulting party may give notice
of the perceived default. Notice shall be either to the Evans City Manager or the Greeley City
Manager. Either party may cure any default during the ninety days following the notice. Upon cure
of any default, this agreement shall remain in full force and effect. Upon receipt of notice of
perceived default,the defaulting party may invoke dispute resolution as provided in Paragraph 20.
17.2 If after the cure period above or after mutually agreed extensions, the non-
defaulting party determines the default has not been cured, they may give two years notice of
termination of this agreement. Nothing herein shall limit either party from collecting damages and
amounts due from the other party upon termination of this agreement by default.
17.3 The agreement may be terminated by either party by giving written notice to the other
party at least two years before the end of the agreement term or renewals thereof.
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18. JURISDICTION AND VENUE. This agreement shall be interpreted pursuant to the
laws of the State of Colorado. Venue to enforce this agreement shall be in Weld County.
19.AMENDMENT. This agreement shall be amended only in writing with the approval
of the governing bodies of each municipality. No amendment or modification shall be effective
unless in writing signed by the aforesaid persons. This agreement shall be governed by, construed
and enforced in accordance with Colorado law.
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f"'1 Evans-Greeley Finished Water Agreement 27 March 1998
20.DISPUTE RESOLUTION. Should disagreements arise regarding the interpretation of
any portion of this agreement the parties agree to make efforts to resolve such disputes through
negotiation; first, at the staff level; and second, with the respective Water Boards and/or City
Councils. Procedures for such negotiations shall be established by mutual agreement at the time and
may, with the concurrence of the parties, involve the use of qualified outside mediators. Any
negotiations and resolution agreements reached therefrom must be within the legal authority granted
to the parties by appropriate. City Charters and/or State statutes, or shall be null and void.
Notwithstanding any-thing to the contrary in this agreement,it is expressly agreed between the parties
that this provision for dispute.resolution does not apply to the authority granted the Greeley Water
and Sewer Board pursuant to § 17-4 of the Greeley City Charter, including but not limited to,the
establishment of minimum water rates.
(The remainder of this page is intentionally blank)
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Evans-Greeley Finished Water Agreement 27 March 1998
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first hereinabove written.
ATTEST: THE CITY OF GREELEY, COLORADO
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City Cle i or
APPROVED AS TO SUBSTANCE: APPROVED AS TO LEGAL FORM:
By: 1 tiv\ 1P
ity ager City Attorney
AS TO AVAILABILITY OF FUNDS:
By. lam(, SSG
Director of Finai e
GREELEY WATER AND SEWER BOARD APPROVED AS TO LEGAL FORM:
By: r 4S-1 By: et),(4.c.cr '�
airman William E. Bohlender
Water Board Attorney
ATTEST: THE CITY OF EVANS, COLORADO
By: �NY�, By:
City Clerk Mayor
EVANS WATER BOARD
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APPROVED AS TO SUBSTANCE: APPROVED A EGAL FORM:
By: - ` ��ij� By:
City Manages' i ey
r Ctes EIS
CITY OF EVANS, COLORADO
RESOLUTION NO. 41-1997
A RESOLUTION ADOPTING A POLICY FOR WATER RIGHTS ACQUISITION
WHEREAS, the City Staff and the Water and Sewer Board is committed to providing the
City with a sustainable and sufficient water supply for current and future residents and businesses; and
WHEREAS, the City Staff , Water and Sewer Board and Water Attorney have all
recommended that the City Council adopt the policy.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Evans that the
Water Rights Acquisition policy, a copy of which is attached hereto and incorporated herein by
reference, is hereby adopted, to be effective on the date of adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the
City of Evans on this 5th day of November , 1997.
CITY OF EVANS, COLORADO
By:
yor
ATTEST:
City Clerk
re'
City of Evans
Water Rights Acquisition
City management is committed to providing the City of Evans with a sustainable and sufficient water supply
for current and future residents and businesses. To ensure adequate supply, the City must collect or purchase
raw water rights at a rate equal to,or in excess of the rate required by development. To assist in
accomplishing this objective,the following policies have been established to guide the acquisition of future
water rights.
POLICY STATEMENT
• Water Rights Dedication Ordinance-Dedication of water rights shall be consistent with the City's
Water Rights Dedication Ordinance,most recent revision.
• Acquisition - It is the City's first preference that developers and builders provide raw water to the
City. This raw water may be water rights that go with the land to be developed or may be purchased
water rights.
• Cash In Lieu-The City understands that developers and builders can not always attain raw water,
thus the City accepts cash in lieu for the necessary water rights dedication. The cash in lieu rate shall
be based upon the current market value for Colorado-Big Thompson(C-BT)project water as set by
the Evans Water and Sewer Board.
• Water Rights Priority-The City understands that various types of water rights have varying
degrees of benefit relating to availability,cost,and yield, and have established a priority among the
various types of raw water acceptable for use in the Greeley/Evans water system. The priorities are
as follows: C-BT,Lake Loveland, Seven Lakes, and GLIC. However, it should be understood that
any and all of these waters are acceptable for dedication to the City.
• Funding-The City shall establish an expenditure account within the Water Works Fund,Water
Administration for purchase of water rights on a continuing basis. Funding for this account shall be
generated via revenues collection from cash in lieu payments for water rights dedication
requirements. The City shall purchase water rights as often as practicable to avoid disparity between
inflation and amounts of cash in lieu previously collected.
• Purchase Limits -City staff shall have the authority to contract for the purchase of water rights
without prior consent of the Water and Sewer Board if the following two conditions are met:
1)The unit price of the raw water is equal to,or below the cash in lieu price as established by the
Water and Sewer Board,and
2)The total purchase price does not exceed the maximum amount of funding available in the water
rights acquisition account.
• Joint Ventures -The City shall consider entering into joint ventures with other jurisdictions
purchasing water rights. The intent of a joint venture is to increase or enhance the City's purchasing
power and to allow for the purchase of more readily available large blocks of water.
Plik4rTh
AGREEMENT FOR TRANSFER OF OWNERSHIP OF DOMESTIC WATER SYSTEM
THIS AGREEMENT, executed this 6th day of February , 1996,
between the City of Evans as transferee; and Charles A. Karowsky,
Trustee, Lake Arrowhead, Inc. , and West Hill-N-Park, Inc. , as
transferor and concerning the domestic water system located in the
subdivisions known as Arrowhead, Hill-N-Park, and West Hill-N-Park,
more specifically described on the attached Exhibit "A" .
For good and valuable consideration as hereinafter described
and based on mutual promises as hereinafter described, Charles A.
Karowsky, Trustee, Lake Arrowhead, Inc. , and West Hill-N-Park,
Inc. , as owners of the domestic water system that services the area
described in Exhibit "A" , all hereinafter referred to as "Owner" ,
warrant that they are the owners of, and agree to transfer to the
City of Evans, hereinafter referred to as "Evans" , such domestic
water system, consisting of all water mains and appurtenances
(including, but not limited to pipes, valves, connections, and
easements - prescriptive and otherwise) located within public
right-of-way or private property, a majority of which is located
within the following subdivisions: Arrowhead, Hill-N-Park, West
Hill-N-Park, and all subsequent filings, refilings, or replatting
of the aforementioned subdivisions.
A. Ownership shall be transferred by bill of sale and quit
claim deed as further provided below. Upon acceptance of such bill
of sale and quit claim deed, Evans shall be responsible for such
system thereafter, including maintenance requirements, and such
system shall become a part of the Evans Municipal Water System
subject to all rights and responsibilities as are other users of
the system as provided in the Evans Municipal Code.
B. This Agreement shall supplement all prior agreements
between the parties. All past agreements between the respective
parties are incorporated herein in this agreement and remain in
full force and effect except to the extent that they are either
clarified or specifically modified by this agreement. Owner
warrants that: they are owners of the above described water system.
Should there be any defect in their title of ownership, Owners,
their heirs, executors, and assigns agree to indemnify and hold
harmless the City of Evans for all costs, expenses, and attorney
fees incurred by the City resulting from such defect.
C. Owner shall convey permanent easements by an appropriate
deed for each transmission line and each main of sufficient width
to allow Evans to protect said facilities and to replace and repair
n the same and said easements shall be of sufficient width to
accomplish the same. For both transmission lines and mains, the
minimum acceptable width shall be 20 feet.
For and. in consideration of their mutual promises and past
agreements the parties agree to the following:
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1. Owners shall be entitled to the issuance of a maximum of
850 water taps from Evans until all 850 have been issued by Evans.
Said 850 taps shall be at no further charge to Owner or its
assignees. Both parties agree that the Owner has, at the time of
execution of this agreement, been issued 639 water taps and have
been assigned 171 water taps for which certificates have been
issued. This leaves 40 taps that Owners have a right to be used or
assigned within the property described by Exhibit "A" .
2. Water rates to the residents in Arrowhead shall be equal
to the standard Evans "in town rates" plus $1. 00 per month and any
other incidental rates, charges or fees normally assessed on other
Evans water users. "In town rates" shall be as now existing and
as may be modified in the future from time to time.
3 . In accepting the subject domestic water system, Evans
under its normal regulatory authority as a provider of domestic
water, shall be permitted to apply the following restrictions to
the water users to the same extent as if the users were within the
City of Evans:
a. Prohibit cross connections to other water systems
or sources of potential contamination.
b. Apply lawn watering limitations.
c. Limit the use of any type of pressure system or
pump designed to increase the flow from the City
water main into a service line over and above that
which is delivered under normal pressure by the
City.
d. To assess penalties against water users who make
additional or unauthorized connections, or in any
other manner violate .the- ordinances of the City of
Evans applicable to its water utility.
e. Charge a surcharge to customers utilizing more than
a specific number of gallons per month. per
resident, as specified by ordinance of the City of
Evans.
f. Impose any other water conservation standard deemed
required by the City of Evans to protect the
health, safety, and welfare of its citizens and
customers.
g. The right of inspection, maintenance, repair and
control over water lines, both within the City
limits and outside the City limits to the same
degree.
D. The parties acknowledge that although the domestic water
supplied to Arrowhead is provided by the City of Evans it is
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actually treated by the City of Greeley under a contract between
Greeley and Evans. To the extent that Evans is obligated to comply
with any contractual requirements imposed by the City of Greeley,
those requirements shall also be enforceable against and apply to
the residents of the area covered by this Agreement.
E. Once all of the prepaid taps of Owner, referenced to in
paragraph 1 above, have been issued, all other new taps and/or
changes in current taps will then be subject to the current or then
existing charges and fees normally imposed by Evans.
F. Owner assures Evans that, concerning any independent
irrigation water supply under the current control of owner, if any
such ownership or supply of such water is given to private parties
or to the Homeowners Association, appropriate covenants will be
included to protect against cross connection or any other
operational activities on the part of the homeowners that may
threaten the integrity of the domestic water system being conveyed
to the City of Evans. Evans shall not in any manner be limited by
the terms of this Agreement from protecting the integrity of its
water distribution system.
(Th G. This entire agreement is conditioned on final acceptance
by the City of Evans of an eight (8) inch water line to be
constructed to Arrowhead Subdivision as presently agreed to between
Lake Arrowhead, Inc. and the City of Evans.
H. Both parties acknowledge that there has been a full
disclosure of the condition of the subject water system and Evans
accepts such system in its present "as is" condition without
warranty of any type.
_. FOR ARROWH )4 FOR WEST HILL-N-PARK
WEST. -N- ARK, INC.
By: � .
CHARL S A. KU OWSKY, Trust
LAKE ARROWHEAD, INC.
By.
R Y UND , Presiders
r^ ATTEST: FOR THE CITY OF .
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KI i ETZ, CIT CL D: S • • F :'• YOR.
COPI
EXHIBIT A
All that part of the Northwest Quarter (NW 1/4) and the
South Half (S1/2) of Section Twenty-six (26) , Township
Five (5) North, Range Sixty-six (66) West of the 6th P.M.
more particularly described in Deed recorded November 17 ,
1961, in Book 1600, at Page 55, as Reception /1368014 of
the records of the Weld County Clerk and Recorder, Weld
County, Colorado, the greater portion of which is known
as Hill-N-Park and West Hill-N-Park Subdivisions.
AND
The North Half (N1/2) of Section Twenty-seven (27) ,
Township Five (5) North, Range sixty-six (66) West of the
6th P.M. , Weld County, Colorado, also known as Arrowhead
Subdivision.
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cOPy
CITY OF EVANS, COLORADO
RESOLUTION NO. 14-1996
APPROVAL OF THE AGREEMENT FOR TRANSFER OF OWNERSHIP OF THE
DOMESTIC WATER SYSTEM LOCATED IN ARROWHEAD, HILL-N-PARK
AND WEST HILL-N-PARK
WHEREAS, an agreement for transfer of the ownership of the Domestic Water System
located within the subdivisions of Arrowhead, Frill-N-Park and West Hill-N-Park, all located outside
the City limits of the City of Evans, has been presented to the City Council for approval, and
WHEREAS, the City Manager and the City Attorney have represented to the City Council
that all requirements of the City for acceptance of the transfer of such Water System have been met
by the owners, and
WHEREAS, the City Manager and the City Attorney have recommended that the City
Council approve the execution of the aforementioned agreement, and
WHEREAS, the City Council believes it to be in the best interests of the citizens of the City
of Evans that the domestic water system serving Arrowhead, I-Ell-N-Park and West Fill-N-Park be
incorporated into the domestic water system of the City of Evans.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Evans that:
1. The attached Agreement for Transfer of Ownership for Domestic Water System is
hereby approved and that the Mayor and the City Clerk are hereby authorized to execute the same.
2. All rules and regulations that apply to domestic water within the City of Evans shall
also,to the same extent, apply to users of the system located in the subdivisions of Arrowhead,Hill-
N-Park and West:Fill-N-Park, including, but not limited to, prohibitions of cross connection, lawn
watering limitations, prohibitions from the use of auxiliary pressure systems and pumps, penalties for
violations of the rules and regulations, surcharges for excess use,the rights of inspection, maintenance
and repair, and any other water conservation standard deemed necessary to protect the health, safety
and welfare of the citizens and customers of the City of Evans water system.
PASSED AND APPROVED at a regular meeting of the City Council of the City of Evans
on this 7th day of May 1996.
CITY OF EV S, COLOR
By
ayor
ATTJES
City Cleric
The City of
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A
COLORADO
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MEMORANDUM
DATE: October 26, 1995
TO: Russ Anson, City Attorney
FROM: Torn Hamblen, Chief Building Official
SUBJECT: Arrowhead/Hill n Park& West Hill n Park Water Taps
•
Please be advised that City staff has completed their research in regard to the above referenced
water taps. Following are the findings of that research:
Arrowhead (all filings) and Hill n Park (all filings) were allotted four hundred fifty (450) 3/4"
water taps along with all associated water rights to serve those taps. As of October 5, 1995 there
were 151 water accounts in Arrowhead and 234 in Hill n Park for a total of 385. The remaining
reg` water taps (65) are to be assigned as follows:
ARROWHEAD ASSIGNMENTS:
Lot 8, Block 1
Lot 17, Block 1
Lot 22, Block 1
Lot 24, Block 1
Lot 5, Block 2
Lot 1, Block 3
Lot 8, Block 6
Lot. 9, Block 6 -
Lot 11, Block 6
Lot 5,Block 7
Lot 1, Block 8
Lot 7, Block 8
Lot 12, Block 11
Lot 13, Block 11
Lot 9, Block 12
Tract A(northwest corner of lake) a total of 2 taps as follows:
5300 Kiowa Drive
5101 Pawnee Drive
Undesignated tract of land north of lake a total of 4 taps
(sw corner 37th St/Arrowhead Dr.)
ARROWEEAD TOTALS: 151 accounts plus 21 assigned equals 172
3700 Golden Street • Evans, Colorado 80'620-2724 • (970) 339-5344 • FAX: (970) 330-3472
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Water Taps C®
HILL n PARK ASSIGNMENTS:
Lot B (east of the store) a total of 4 taps
BILL n PARK TOTALS: 234 accounts plus 4 assigned equals 238
ARROWHEAD/HILL n PARK TOTALS: Taps allotted 450
Arrowhead (172)
Hill n Park (238)
SUMMARY: 450 taps allotted minus 172 & 238 equals 40 taps outstanding.
West Hill n Park (all filings) were allotted four hundred (400) 3/4" taps and the associated water
rights were satisfied. As of October 5, 1995 there were 254 accounts. The remaining water taps
(146) are to be assigned as follows:
n
WEST HILL n-PARK ASSIGNMENTS:
Lot 11, Block 15
Lots 1 thru 18, inclusive, Block 12 (18 taps)
Lots 1 thru 22, inclusive, Block 11 (22 taps)
Lot 1, Block 10
Lot 22, Block 10
Lot 53, Block 10
Lot 55, Block 10
Lot 56, Block 10
Lot 57, Block 10
Lot 58, Block 10
Lot 2, Block 9
Lot 3, Block 9
Lot 20, Block 9
Lot 21, Block 9
Lot 23, Block 9
Lot 1, Block 8
Lot 2, Block 8
Lot 17, Block 8
Lot 21, Block 8
Lots 1 thru 9, inclusive, Block 7 (taps)
Lot 11, Block 7
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Page 3 OQ�
Water Taps
WEST HILL n PARK ASSIGNMENTS (cont.):
Lot 20, Block 7
Lot:23, Block 7
Lot 37, Block 7
Lot 39, Block 7
Lots 45 thru 47, inclusive, Block 7 (3 taps)
Lot 49, Block 7
Lot 51, Block 7
Lot 54, Block 7
Lot 55, Block 7
Lots 58 thru 60, inclusive,Block 7 (3 taps)
Lot 1, Block 3
Lot 2, Block 3
Lots 8 thru 10, inclusive, Block 3 (3 taps)
Lots 15 thru 23, inclusive, Block 3 (9 taps)
Lots 1 thru 12, inclusive, Block 2 (12 taps)
Lots 1 thru 39, inclusive, Block 1 (39 taps)
leTh
WEST RTT,T n PARK TOTALS: 400 taps allotted, 254 accounts, 146 assigned
SUMMARY : 400 taps allotted minus 400 taps used equals 0 outstanding.
Therefore it has been determined that of the original 450 taps allotted in the Arrowhead
Agreement there have been 410 taps used and/or assigned leaving 40 taps in abeyance. In regard
to the 400 taps allotted to West Hill n Park all 400 have been used and/or assigned.
It is my understanding that water tap certificates will be issued by the City of Evans to Arrowhead
and West Hill n Park for the assigned locations as previously identified by lot, tract and blocks.
This will leave forty (40) taps to be assigned within the legal boundaries as described in the
original Arrowhead Agreement at the owner's.discretion. These certificates will only indicate that
a 3/4" water tap has been assigned to each location. It will be the responsibility of the certificate
holder to physical make and extend all taps to the property as per City of Evans specifications. In
addition, the certificate holder is responsible for the cost and installation of all appurtenances such
as the water meter, yoke and pit.
If you have any questions regarding this matter please contact me.
TH
pc; Michael J. Smith, City Manager
James L. Hewitson, Director of Public Works/Planning
Jan Whittet, Finance Director
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