HomeMy WebLinkAbout900068.tiff RESOLUTION
RE: ACCEPT INTERGOVERNMENTAL AGREEMENT AS MEETING CONDITION FOR
APPROVAL OF SERVICE PLAN - LEFT HAND WATER DISTRICT
coo WHEREAS, the Board of County Commissioners of Weld County,
0o U Colorado, pursuant to Colorado statute and the Weld County Home
o Rule Charter, is vested with the authority of administering the
a affairs of Weld County, Colorado, and
a WHEREAS, on October 4 , 1989 , the Board did by Resolution,
o Z grant a Conditional Approval of Service Plan for Left Hand Water
x District, and
f
WHEREAS, Section 5 of said Resolution stated that the
o• approval was conditional upon an Intergovernmental Agreement being
• reached with representatives of the Town of Erie and Left Hand
n Water Association, and said Agreement being submitted to the Weld
n County Department of Planning Services , and
X
WHEREAS , on January 8 , 1990 , a Declaration of Understanding
rn u executed between the Town of Erie and the Left Hand Water Supply
Company was submitted to the Department of Planning Services, and
z
H
WHEREAS, it has been determined by the Board that the
• condition for approval has been satisfied; therefore, the Left
• Hand Water District Service Plan is deemed finally approved with
'- the Intergovernmental Agreement to be incorporated into said
N .4
w Service Plan.
M
N z NOW, THEREFORE, BE IT RESOLVED by the Board of County
o Commissioners of Weld County, Colorado, that the condition for
o x approval of the Left Hand Water District Service Plan be, and
hereby is , deemed satisfied by the submission of the Declaration
of Understanding between the Town of Erie and the Left Hand Water
• N Supply Company.
N
N
BE IT FURTHER RESOLVED by the Board that said
Intergovernmental Agreement shall be incorporated into the Left
Hand Water District Service Plan.
s4 (., )fly: /7 4 _ 900068
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Page 2
RE: CONDITION OF APPROVAL - LEFT HAND WATER DISTRICT
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 17th day of
January, A.D. , 1990.
! •
ABOARD OF COUNTY COMMISSIONERS
ATTEST: r ( yvnjFu 'ud¢Cm� WEL OUNTY, C TORADO
Weld County erk and Recorder K
and Clerk to the Board e e R. Brantner, Chairman
}y , i - eorge Kennedy, Pro-Tem v
Deputy County erk
APP VED AS TO FORM: C nst n . Harbert / I'
CO C.W. Kirby
C my Attorney 4 __
Gordo y c
B 1253 REC 02203127 01/18/90 15 :51 X0 .00 8/008
F 2126 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
900068
AR22D312 7 DECLARATION OF UNDERSTANDING
REGARDING FORMATION OF WATER DISTRICT
1. PARTIES. The parties to this Declaration are the TOWN OF ERIE, a Colorado
municipal corporation ("Town") and LEFT HAND WATER SUPPLY COMPANY, a Colorado
non-profit corporation ("LHWSC") .
2. RECITALS AND PURPOSES. LHWSC operates a water system in rural areas of
Boulder and Weld Counties including areas adjacent to the northern and
northeastern limits of the Town. LHWSC is pursuing the formation of a Title 32
0 o water district to be known as "LEFT HAND WATER DISTRICT" ("District") which will
o assume the functions, assets and liabilities of LHWSC and which, pursuant to
o state statutes , will have defined boundaries. The proposed boundaries of the
• District include areas lying within the Town's Planning Area. Town does not
• oppose the formation of the District provided that its concerns regarding future
o x• annexations of property lying within the proposed District are resolved to its
o satisfaction. The purpose of this Agreement is to set forth the terms and
o x conditions upon which the District will provide serviceto present and future
I' water users as well as how the District will respond to future annexations to
o the Town of properties which are or may be included in the District.
z 3. TOWN PLANNING AREA. LHWSC recognizes that certain properties to be served
by and/or included in the proposed District coincide with areas which are
included within a portion of the Town's Planning Area. The boundaries of such
x
areas are set forth in a. map which is attached hereto as Exhibit A.
o
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4. CONTINUATION OF PRE-EXISTING SERVICE. It is agreed that any existing water
03 a service as of the date of this Agreement provided by LHWSC and its successor
District within the Town's Planning/Service Area may continue until such time
o as a property served by the District is annexed to the Town. Such service
presently consists of individual homes on large tracts of land and small
residential subdivisions located outside of the existing boundaries of
H municipalities in Boulder and Weld Counties.
M
N z 5. TOWN'S RIGHT TO PREEMPT SERVICE UPON ANNEXATION. In the event the Town
o annexes any portion of its Planning Area as described in Exhibit A served by
o x LHWSC or its successor District, the Town, at its sole and absolute discretion,
shall have the option of incorporating the area(s) into the Town's municipal
water utility system. Within 90 days of receiving written notice of the Town' s
n CI
intent to provide water service, LHWSC or its successor District shall coordinate
with the Town on a plan which will provide for a smooth transition of service
ri4 to the affected area by the Town. In the event that the Town elects not to
provide municipal water utility service at the time of annexation. then LHWSC
or its successor District agrees to continue providing such service to whatever
taps are then in existence in the affected area for a period of time as may be
mutually agreed by the parties ; provided, however, that the Town shall have the
option of providing water service to such customers at a later date, upon
notifying LHWSC or its successor District in writing, no later than 90 days
before the changeover in service provider is to be made.
6. DISTRICT INCLUSIONS AND EXPANSION OF SERVICE. Any inclusion of territories
or expansion of service not specifically set forth in the District's service plan
approved by the Boards of County Commissioners of Boulder and Weld Counties, and.
which may wholly or partially be contained within Town's Planning Area, shall
900068
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be subject to the prior approval of the Town, except service to single family
residential developments of two units per 35 acres as now currently allowed by
current zoning regulations. Request(s) and petitions for inclusion of new
territories or expansion of service shall be timely referred to the Town for its
review and, in the absence of the Town's permission, no such request(s) and
petitions shall be granted within the Town's Planning Area. The purpose of the
above-described referral process is to provide assurance to the Town that new
development immediately outside of its corporate limits can be evaluated to
co o determine what impacts such development will have on the Town's municipal system.
o The intent is not to totally preclude LHWSC or its successor District from
o extending or expanding water service within the Town's Planning Area if such
• extension or expansion is compatible with the Town's municipal development,
o subject to paragraph 5 hereof. Accordingly, such consent shall not unreasonably
be withheld.
oz
c z 7. STANDARDS. All transmission and distribution lines owned and operated by
LHWSC or its successor District within the Town's Planning Area whenever
• replaced, expanded, or added, shall be designed and installed to meet or exceed
o the then-applicable standards of the Town; specifically including fire standards
then in effect. LHWSC and District shall consult with the Town regarding the _
in appropriate design capacity and location of such lines in order to avoid the
0 necessity of duplicating line construction in the future as additional
development occurs .
4
m o 8. CONVEYANCE OF WATER RIGHTS AND PARTIAL REIMBURSEMENT OF PLANT INVESTMENT
m z FEE. Existing and new .customers of LHWSC or the District within the Town's
Planning Area have or will be required to pay a plant investment fee (tap fee)
and to dedicate water rights to LHWSC or the Distrjct. If Town annexes the
serviced property, and integrates those taps into its municipal utility system,
such customers may be required to pay the Town's plant investment fee and to
N dedicate water rights to Town. Accordingly, subsequent to annexation of such
o properties by Town and within 60 days after Town gives written notice to LHWSC
N Z or the District of its intent to preempt water service pursuant to paragraph 6,
o LHWSC or the District agree to convey to Town water rights which are equivalent
x to the quantity of water which it previously had received from such customers,
if such water rights can be conveyed. As an alternative to conveying said water
rights to Town, LHWSC or the District shall have the option to pay to Town the
Cr) N then current cash value of such water rights in the applicable Drainage basin.
N In addition to the above, for all taps which were not in existence on October
1, 1989, LHWSC or the District agree to reimburse the Town an amount of money
m w equal to one-half of the plant investment fee received from those customers which
are to be served by Town.
9. EXCLUSION FROM DISTRICT. Upon Town's annexation of any property located
within the District, Town shall have the option of requesting that the owners
of said lands obtain an exclusion from the District or, in the alternative, Town
may initiate an independent exclusion proceeding. The District agrees to approve
and support a request for exclusion whether initiated by property owner(s) or
the Town. Section 32-1-502, C.R.S. sets forth the current standards upon which
lands may be excluded from a special district when annexed to a municipality.
The parties hereto desire to clarify their responsibilities in the event that
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900068
a request to exclude territory in the District and within Town's municipal
boundaries arises in the future. The parties acknowledge and agree that the
portion of the proposed District which may be affected by future Town annexations
represents a small fraction of the total District area. A severing of a portion
of said lands is not anticipated to create a disruption to other lands served
by the proposed District. To the extent that excluded property has District
service lines running through it which connect one portion of the District to
another, LHWSC or the District shall be free to retain whatever easements it may
reasonable require across the excluded lands in order to continue to effectively
o ° operate its remaining water system.
0
M o 10. JOINT COOPERATION REGARDING WATER SERVICE TO NEW DEVELOPMENT. The parties
u acknowledge that serving new water users within Town's Planning Area will require
Q the procurement of new water supplies and an expansion of physical facilities.
o w In certain instances LHWSC or District may be better able to provide the
0 3 necessary service, and in other instances the better utility provider may be the
o Town. As future growth occurs, LHWSC or the District agree to meet, confer and
cooperate with the Town to determine which provider should provide water service
after considering the infrastructure then existing, the location of the
development and the density of development. This provision is not intended to
usurp the Town's absolute right to provide water service to properties within
w the Town's Planning Area or to property annexed by the Town. The parties
x acknowledge their interests in obtaining the right to utilize water supplied by
• the Northern Colorado Water Conservancy District and/or water associated with
o u the Six Cities or Windy Gap project and, therefore, agree to support each other' s
efforts in this regard in every reasonable way.
coz
Ccr4 11. RATIFICATION BY SUCCESSOR SPECIAL DISTRICT. It is the intent of the parties
o that the formation of any special district be accomplished only on the express
• terms and conditions set forth herein. At the first Board meeting after the
N District is formed, the Board of Directors of the newly formed District shall
r w ratify and adopt the terms of this Declaration of Understanding as a resolution
z of the Board and acknowledge that the Special District shall be bound by the
terms of this Declaration of Understanding until such time as it is jointly
o modified by the parties. Failure to so ratify shall constitute a material
o z departure from the District's service plan and injunctive relief may be obtained
pursuant to Section 32-1-207, C.R.S.
n N 12. PARTIAL INVALIDITY. If a court of competent jurisdiction at any time holds
• r--1
that a portion of this Declaration of Understanding is invalid or unenforceable,
• w the remainder shall not be affected thereby and shall continue in full force and
effect.
13. FUTURE EXPANSION OF PLANNING In the event the Town extends its Planning
Area beyond the boundaries depicted in Exhibit "A" , the parties agree to meet,
confer and negotiate in good faith various issues of mutual concern. A copy of
the Town's current Comprehensive Plan Map is attached as Exhibit C.
14. POTENTIAL SERVICE. Several areas immediately to the east of Town are not
included in the proposed boundaries of the District because of the current
inability of the District to service such areas, this area is designated on
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Exhibit 8 attached hereto. In the event that this area is capable of being
legally, efficiently, Ind economically serviced with a viable source of water,
the District would consider petitions for inclusion of properties within this
area.
15. PREVIOUS AGREEMENTS. This Declaration of Understanding supersedes all
previous agreements between the parties. Upon execution of this Declaration,
the parties agree that all prior agreements (expressly including but not limited
to the Agreement dated September 23, 1982) are revoked, superseded by this
Declaration, and are rendered null and void.
DATED. .ca,,.Jrc'c� / 54 , 1989.
1l.• ``* TOWN OF ERIE
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Mayor
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LEFT HAND WATER SUPPLY COMPANY
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GRANT, BERNARD, LYONS & GADDIS
ATTORNEYS AT LAW DENVER OFFICE
A H. GRANT ,
DANNIELIEL D F. BERNARD 515 HIMBARH STREET 1801 YORK STREET
RICHARD N. LYONS. II P05T OFRICE BOX 976 - DENVER. COLORADO 90206
JEFFREY J. HAHN - (3031 399-1122
H. WILLIAM SIMS, JR. LONGMONT, COLORADO 80502-0978 _
JOHN W. GADDIS LONGMONT (303) 776-9900 _ _ -
THOMAS J. OVERTON - - - - -
- DENVER METRO 13031 571-5506
SUZAN D. FRITCHEL
BRETT J. LAMBERT TELECOPIER 13031 772-6105
January 4, 1990
Mr. Keith Schuett
Weld County Planning Department
915 10th Street, Room 342
Greeley, Colorado 80631
Re: Left Hand Water District
Dear Keith:
We have received the approval of the Left Hand Water District's service plan
from Boulder County and have fulfilled their conditions. I am preparing to
submit the petition to the Court asking for an election on the issue of
formation. I note that as a condition of approval , the Weld County
Commissioners required submittal of an agreement between the Town of Erie and
the proposed District. Enclosed please find a Declaration of Understanding
executed between the Town and the Company but which would be binding upon the
District upon formation. (See paragraph 11 of the memorandum. )
If you have any questions, please feel free to contact me.
Ve yours,
jPcans, ii
RNL:jlm
LHWSDF\SCHUET.L
Enclosure
cc: Left Hand Water Supply Company
(Att'n: James M. Dickey)
q 0 . a \VT
JAM 8 1990
Weld Cu. Plammt al=01
900068
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