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HomeMy WebLinkAbout911564.tiff rG�RJ/ K GRANT, BERNARD C�, WALLACE H.GRANT LYONS GADDIS _ DANIELEBP.RNARD A PROFESSIONAL CORPORATION I rill - 5 I;: I .- RICHARD N.LYONS,R ATTORNEYS AT L A W - JEFFREY J.RAJA' H.WILLIAM SAE,112. I r n•. JOHN W GADDIS 515 RIMBARK STREET DENVER OFFICE THOMAS 1.OVE.RTON POST OFFICE BOX 478 TO I V� "_l801 YORK STREET SUZAN D.FRPICFBiL L.ONGMONT,COLORADO 80502-0418 DENVER,COLORADO 80206 STEVEN L.SNYDER 303-776-9900 METRO 571-5506 RU1772-6115 303-399-1122 BRADLEY A.HALL November 1, 1991 Mary Ann Feuerstein Weld County Clerk P. O. Box 758 Greeley, Colorado 80632 Re: Longs Peak Water District Dear Ms. Feuerstein: Enclosed is a copy of the approved Service Plan of the Longs Peak Water District. Pursuant to the requirement of Section 32-1-306, C.R.S. , a copy of the approved service plan is to be delivered to your office and retained as a public record for public inspection. A copy of the Court Order for organiza- tion which includes the legal description has already been recorded with your office. If you have any questions, please feel free to call . incerely, 1 oanna L. Macy Legal Assistant Enclosure cc: Longs Peak Water District j,Dp03"L, \\\c \C\I\ 911564 GRANT, BIEttN�� ••'_� WALLACE H.GRANT LYONS & G� bi DANIEL E BERNARD f RICHARD N.LYONS. A PROFESSIONAL C(SRH,ORI 'NIONj �: -7111 JEFFREY J.KAHN A T T O R N E Y S '-A'TC'p W H.WILLIAM SIMS,JR. _ JOHN W.CADDIS 515 KIMBARK STREET CL';f.,\ DENVER OFFICE THOMAS J.OVERION POST OFFICE BOX 418 Tin 712 . 1801 YORK STREET SUZAN D. FRITLIIEL LONGMONT, COLORADO 805n7R'- ", . - DENVER,COLORADO 80206 STEVEN L.SNYDER 303-776-99O3 METRO 571-5506 FAX 7726105 BRADLEY A.HALL 303-399-1122 November 4, 1991 Weld County Commissioners 915 10th Street Greeley, Colorado 80632 Re: Longs Peak Water District Gentlemen: We are submitting for your records general information concerning the Board of Directors and contact persons for the newly organized Longs Peak Water District: Longs Peak Water District 9875 Vermillion Road Longmont, Colorado 80501-9738 Phone: (303) 776-3847 General Manager (Contact Person) : Vernon Peppler - 776-3728 Secretary: Mary J. Storey - 776-3847 Board of Directors: District 1 Donald "Stix" Palmer District 2 Ernest L. Peterson District 3 James Boyd, Jr. Director at Large Ray Rodgers Director at Large Floyd Adler Officers: President Donald Palmer Vice-President James Boyd, Jr. Treasurer Ernest L. Peterson. If you need any further information concerning this matter, please feel free to contact us. 'ncerely, oanna L. Macy Legal Assistant cc: Longs Peak Water District x r.F ' i, 0 APPROVED SERVICE PLAN for the proposed LONGS PEAK WATER DISTRICT roiLdck \\\1 \°‘\ '- AGREEMENT REGARDING COUNTY ZONIJG REVIEW OF SPECIAL DISTRICT FACILITIES AND USES _ 1. PARTIES. The parties to this Agreement are the COUNTY OF BOULDER ("County") and LONGS PEAR WATER DISTRICT ("District") . 2 . RECITALS AND PURPOSES. Certain petitioners have filed with County a service plan seeking the formation of a special district pursuant to Section 32-1-101, et seq. , C.R. S. County has expressed its concern with respect to whether a special district' s public -- projects may be subject to County' s zoning regulations in general and County' s special use permit process in particular. District ' s petitioners agree that certain aspects of County ' s special use permit review process may be in conformance with the legislative intent of Section 30-28-110, C.R. S . , and that a stipulated procedure for review of District' s projects, buildings and structures would be in the best interests of the parties. - Accordingly, the purpose of this Agreement is to set forth such procedures. The parties further agree that this Agreement may be incorporated as a condition of County approval of District ' s _ service plan pursuant to Section 32-1-203 , C.R. S. 3 . AUTHORITY. This Agreement is entered into pursuant to authority granted under Part 2 of Article 1 of Title 32 , C.R. S; § 32-1-1001 (1) (d) , C.R.S. ; Part 1 of Article 28 of Title 30 , C.R. S . ; § 29-1-203 , C.R. S. ; and § 29-20-105, C.R. S. 4 . SECTION 30-28-110, C.R.S. Section 30-28-110 (1) (a) through (c) , C.R. S. provides in part that no public building, structure or utility may be constructed unless it is first submitted to the applicable county planning commission for "location and extent" review; and, that if such proposed construction or authorization is disapproved by such commission, and is not authorized or financed within the province of the county commissioners, the proponent ' s governing body may overrule the commission' s disapproval. Although certain judicial interpretations of this statute indicate that a governmental entity, such as a Title 32 special district, may overrule a county planning commission' s decision regarding the proposed construction of a public project, the parties disagree as to these decisions ' current precedential effect. District is of _ the opinion that County cannot impose a requirement more stringent • than as is provided by Section 30-28-110, C.R. S. , as interpreted by the ruling and order in Boulder District Court Civil Action No. 81 CV 1847-2 dated May 20, 1982 . District thus is of the opinion that one of the purposes of the statute is to provide a method by which a county may inform and advise the governmental proponent of the effects of the project on the county and its residents. County is of the opinion that an additional requirement for binding special use review pursuant to County regulations (Article 20 of County' s Zoning Resolution) is permissible under this statute or other applicable principles of current state law. A copy of Article 20 is attached hereto as Exhibit A. O1 ra 5. RECOGNITION OF RESPECTIVE INTERESTS. The parties acknowledge and agree: 5. 1 That County has a reasonable expectation that its enacted Zoning Resolution will have fair and reasonable applicability regardless of whether an applicant for a proposed special use is a private citizen, corporation or governmental entity. 5. 2 That County has an interest in minimizing the impact of projects and uses on the surrounding area or neighborhood, environmental resources and quality, and county facilities, through the application of its special use review process. 5. 3 That as an elected body, District' s Board of Directors has the statutory responsibility to manage, control and supervise the affairs of District including the determination of District' s (and the public' s) interest and needs with respect to the acquisition, construction, installation or completion of water works or other related improvements and facilities. 5. 4 That County' s interest in the Zoning Resolutions ' s _ . application may not always be in conformity with District ' s determination of its interests and needs and those of the public it serves. 5 . 5 That fulfillment of the public ' s interest in economical, safe and efficient provision of water service may, in certain instances, be subject to the reasonable exercise by County of its police powers as expressed in its zoning regulations. 5. 6 That it is in the best interests of the parties to avoid potential litigational conflict over their differences identified in Paragraph 4 , above, and, therefore, it is in their best interests to identify a process for County zoning review of District projects and uses which preserves for County the process of review pursuant to Article 20 of the County Zoning Resolution; preserves for District the position that Article 20 provides reasonable procedures and standards to guide County' s review under § 30-28-110 (1) (a) - (c) ; and preserves both parties ' ability to assert their respective rights and obligations under § 30-28-110 and any other applicable principles of law, in the event final County action under Article 20 results in a proposed District facility or use being disapproved, or approved with conditions which are unduly burdensome in District ' s opinion. 1 2 `s'J 6. COUNTY ZONING REVIEW OF PROPOSED DISTRICT USES AND FACILITIES. District and County agree that any proposed uses or facilities of - District which fall within the scope of Article 20 ' s uses or facilities subject to special use review, will be submitted by District to County for County' s processing, review and action under _ Article 20 of County' s Zoning Resolution. Prior to submitting an application under Article 20 for a covered facility or use, District' s Board of Directors shall consider the criteria, factors and standards set forth in Article 20, together with feasible alternative means to accomplish the task or meet the public need if such feasible alternatives would be in compliance with County Zoning Regulations. District' s consideration of such alternatives shall be set forth in a development report which is to be included with any application submitted to County under Article 20 , and shall contain a statement that District' s Board of Directors has considered such criteria, factors and standards prior to submitting its application, and shall explain the results of such consideration. County agrees that in applying the criteria set forth in Article 20-301 to any application of District submitted hereunder, County will consider the public "health, safety, or welfare" criterion of Article 20-301 (10) , as including not only "the present or future inhabitants of Boulder County, " as set forth therein, but also the impact on the general health, safety or welfare of the present or future inhabitants of District if the proposed facility or use is or is not approved. County further agrees that County shall transmit, in writing, its final decision on any of District ' s special use applications, no later than twenty-one (21) calendar days after the date on which the Board of County Commissioners makes its final decision. _ 7. DISTRICT REVIEW OF COUNTY' S DECISION: In the event County ' s Board of Commissioners ' final decision on District ' s application is a disapproval or conditional approval, District' s Board of Directors shall consider the matter at its next meeting, of which it shall provide the Board of County Commissioners, County Land Use Department, and County Attorney' s Office at least three (3) working days ' prior notice. Representatives of County shall be afforded the opportunity to be present at District' s meeting for this purpose, and to be heard by District' s Board in defense of County' s decision. District' s Board may at its sole discretion overrule County' s decision if: (1) The disapproval of the application is determined to be contrary to the best interests of District and of the public, after giving due consideration to the articulated interests of County, and to the alternatives identified in District ' s development report required under Paragraph 6 , above; or - 3 Osi `. (2) The conditional approval is determined to be contrary to the best interests of District and of the public because such conditions are unduly burdensome, after giving due consideration to the articulated interests of County, and to the alternatives identified in District 's development report required under Paragraph 6, above. District ' s Board of Directors shall, within 5 calendar days of its final decision, if such decision overrules County ' s decision or alters any conditions of County' s approval, communicate in writing to County, with separate copies addressed to the Board of County Commissioners and County Attorney, the specific and detailed reasons for overruling (including altering) County' s decision. District agrees that it shall not commence construction on, or make any irretrievable commitments to, the proposed facility or use during this entire time period, and for ten (10) calendar days after District transmits the written communication of District ' s overruling to County, as required above. 8 . COUNTY' S RIGHTS IN EVENT OF DISTRICT'S OVERRULING OF COUNTY' S DECISION. County shall have thirty (30) calendar days after the date of District ' s overruling (including altering of conditions) under Paragraph 7 , above, within which to file an action in Boulder District Court challenging District' s overruling; asserting County' s authority under its decision made pursuant to Article 20; and requesting any appropriate injunctive or other relief. District shall be free to raise any defenses to County' s lawsuit which District deems proper. The parties agree to not seek costs or attorneys ' fees against each other in the event County elects to - file a lawsuit hereunder. Also in the event of such a lawsuit, neither party shall raise the issue or defense that the other party has waived, or is estopped from pursuing, any of its applicable claims or defenses, by virtue of having entered into or having ratified this Agreement. 9 . COUNTY REVIEW OF PROPOSED DISTRICT USES, FACILITIES AND ASSOCIATED EASEMENTS AFFECTING UNIQUE OR CRITICAL ENVIRONMENTAL RESOURCES. Any proposed district land use, facility, structure, or easement or right-of-way which is not within the scope of Article -- 20 or Article 18 of County' s Zoning Resolution, or is not part of a development subject to County' s subdivision review process, or does not involve service to a single-family dwelling on a legal building lot, and which may occur in or have an adverse impact on any unique or critical Environmental Resource as defined and designated or identified in the Environmental Resources Element of the Boulder County Comprehensive Plan (except for Natural Areas and Natural Landmarks which shall be subject to the review process specified in Article 18 of the Zoning Resolution) , shall not be undertaken, constructed, or acquired by District, unless the County Planning Commission and Board of County Commissioners first determines, following a public hearing noticed in accordance with the procedural requirements of Article 20, that the proposed use, 4 Lai -F *"r facility, structure or easement or right-of-way acquisition will not have an adverse impact on the unique or critical Environmental Resource(s) involved. In making this determination, the Planning Commission and Board of County Commissioners shall consider and be guided by the criteria and concerns set forth in the Environmental Resources policies of County's Comprehensive Plan. In the event of a final Board of County Commissioners ' decision disapproving or conditionally approving District' s proposal hereunder on the basis of adverse environmental impact, District and County shall be subject to the same rights and obligations as are set forth in Paragraphs 7 and 8 , above. The unique or critical Environmental Resources which shall invoke the provisions of this Paragraph, are those which are defined and designated or identified pursuant to Goals B. 1-6 of the Environmental Resources Element and associated policies in County' s Comprehensive Plan, and are, specifically, the following: a. Historic Sites; b. Archaeologically-sensitive Areas; c. Critical Wildlife Habitats (including habitats, ranges, and migration routes) ; d. Critical Plant Associations; e. Rare Plant Sites (Habitats) ; and f. Significant Wetlands. 10. COUNTY' S "LOCATION AND EXTENT" REVIEW UNDER C.R.S. 5 30-28- 110 (1) . Any proposed District water distribution line or transmission facility or other use which is not subject to Paragraphs 6-9 of this Agreement, shall still be subject to review pursuant to County' s process for "location and extent" review under C.R.S. § 30-28-110 (1) , and County' s procedures and criteria followed thereunder. 11. PRESERVATION OF COUNTY AUTHORITY: Except as expressly set forth herein, this Agreement does not apply to or in any way limit County' s exercise of any authorities granted to it whether now or in the future. 12 . TERM. This Agreement shall commence as provided in Paragraph 14 , below, and shall continue in full force and effect until rescinded, terminated or amended by mutual agreement of the parties. Nothing in this provision shall limit or alter the parties ' rights in the event of a County lawsuit as set forth in Paragraph 8 , above. Moreover, if a final judgment or decision on 5 appeal is reached in a lawsuit brought by County pursuant to Paragraph 8 , above, this Agreement shall terminate upon the effective date of such judgment or decision. 13 . AMENDMENTS TO ARTICLE 20-301 AND AGREEMENT. The special use review criteria which govern this Agreement are those set forth in Article 20-301 of County' s Zoning Resolution as amended as of January 1, 1990. If County amends the criteria in Article 20-301 in the future, any such amendments shall apply to this Agreement only if the parties mutually agree to amend the Agreement for this purpose. -- 14 . EFFECTIVE DATE OF AGREEMENT. This Agreement shall be effective upon the date executed by the Chair of County ' s Board of Commissioners, following approval and signature by the Board of Directors of the Longs Peak Water Association. The zoning and related review requirements set forth in Paragraphs 6-13 of this Agreement, above, shall be binding on District immediately upon its formation following election, as approved by the District Court. 15. CONDITION OF SERVICE PLAN APPROVAL. Approval of this Agreement by District' s Board of Directors shall be a condition of approval of the submitted service plan as approved by County pursuant to County Land Use Docket #AR 91-1. District ' s failure to ratify and execute this Agreement after formation shall constitute a material departure from the service plan under Section 32-1-207 , C.R. S. BOARD OF COUNTY COMMISSIONERS OF BOULDER COUNTY Date: ��J / :B-y ACc(QN �LC Cti-L�i / v Homer Page, Cha r ATTEST: / � • 2/442" Clerk to the Board BOARD OF DIRECTORS OF LONGS PEAK WATER ASSOCIATION ATTEST. By: 7/z."L1-GGnt A?.442Z/✓ Secret y iy/Vernon Peppler, Cln ' ir Date: l 6 THIS AGREEMENT IS HEREBY APPROVED AND RATIFIED BY THE LONGS PEAK WATER DISTRICT: BOARD OF DIRECTORS OF LONGS PEAK WATER DISTRICT Date: By: President ATTEST: Secretary 7 01 -'1 9.,7R AGREEMENT REGARDING FORMATION OF WATER DISTRICT - 1. PARTIES. The parties to this Agreement are the CITY OF LONGMONT, a municipal corporation (City) , and LONGS PEAK WATER ASSOCIATION, a Colorado non- profit corporation (Association) . 2. RECITALS AND PURPOSE. The Association operates a water system in rural areas of Boulder and Weld Counties, including areas adjacent to the northern corporate limits of the City. The Association is pursuing the formation of a Title 32 water district to be known as Longs Peak Water District (District) which will assume the functions, assets and liabilities of the Association and which, pursuant to statute, will have defined boundaries. The proposed boundaries of the District will include certain lands lying within the St. Vrain Valley Planning Area (SVVPA) and within the Longmont Planning Area (LPA) . In addition, the proposed boundaries of the District will include one area known as the Northwest Acres Subdivision which is not within the corporate boundaries of the City, but which is within the Municipal Service Area (MSA) . The City does not oppose the formation of the District provided that its concerns are resolved to its satisfaction with respect to future annexations of properties which may be serviced by the District or which may be within District boundaries. The purpose of this Agreement is to set forth the terms and conditions upon which the District will provide service to present and future water users as well as how the District will respond to future annexations to the City of properties which are, or may be, included in or serviced by the District. Accordingly, in consideration of the mutual covenants, the parties agree to the terms and conditions set forth in the following paragraphs. 3. CITY COMPREHENSIVE PLAN/DISTRICT SERVICE PLAN. Attached as EXHIBIT A is a current map depicting the current boundaries of the City's SVVPA and LPA as designated by the Longmont Area Comprehensive Plan. The Association recognizes that certain properties which it currently services or which it may service lie within the SVVPA and LPA, and that the Northwest Acres Subdivision which it services lies within the City's MSA. The service plan to be submitted to Boulder and Weld Counties for the formation of the District shall have a copy of this Agreement attached and the boundaries of the proposed District shall be drawn so as to include, with respect to areas within the LPA, only those properties — currently serviced by the Association. Attached as EXHIBIT B is a map depicting the proposed boundaries of the District. Attached as EXHIBIT C is a list of those areas set forth by Section, Range, Township and County which this Agreement may affect. 4. CONTINUATION OF SERVICE. The parties agree that any existing water service provided by the Association, and subsequently by the District as its successor in interest, to any property within the City' s LPA may continue until such time as that property is annexed to the City. For the purposes of this Agreement, the term "annexation" means when the annexation ordinance is recorded in the records of Boulder County, Colorado and/or Weld County, Colorado, as applicable. 5. CITY'S RIGHT TO SERVE UPON ANNEXATION. Upon annexation by the City of property served by the Association/District, the City, at its sole and absolute discretion, subject to this Agreement, shall have the option of servicing such property through its municipal water utility system as follows: 5.1 Recognizing that many of the properties to be possibly annexed by the City are rural residences upon large tracts of land, the parties agree that, within 90 days of the City's receipt of an annexation petition, the Association shall coordinate with the City to develop a plan to provide continued and uninterrupted water service to the residence or other structures on the property until such time as the property is receiving water service from the City. 5.2 If an annexation petition is filed with the City for lands within the Association/District, and if the City Council finds that the annexation petition is in substantial compliance with Section 31-12-107, Colorado Revised Statutes, the City shall refer the annexation application to the Association/District within 14 days of the City' s receipt of such applica- tion. In addition, the City will provide the Association/District at least 25 days written notice of the date and time on which the City Council will hold a public hearing on the annexation pursuant to Section 31-12-108(2) , Colorado Revised Statutes. 5.3 In the event that the City elects not to provide municipal water service to the property at the time of annexation, the Association/District shall continue to provide such service to the then existing tap(s) servicing such properties for such period of time as may be mutually agreed by the parties. Any continued service by the Association/District shall be subject to its then existing rules and policies and nothing in this Agreement shall be construed as an obligation of the Association/District to provide service in contravention of such rules and policies. The City shall have the right to preempt such service at any later date upon 90 days ' advance written notice to the Association/District of the intended date of the changeover to the municipal system. 6. TRANSFER OF FACILITIES, WATER RIGHTS, ETC. Upon annexation and the transfer of service to the property from the Association/District to the City, the following shall occur: 6. 1 All raw water rights owned by the Association/District shall be retained by the Association. 6.2 The City acknowledges that the District may require the property owner which is seeking annexation to reimburse the Association/District an amount equal to the total revenue received by the Association/District for the 36-month period preceding the filing date of the annexation application for each tap which will be disconnected from the Association/District' s system as result of the annexation. 6.3 Unless the parties agree otherwise, the Association/District shall convey to the City any existing water line(s) and easement(s) serving the property annexed if such water line(s) is/are capable of being integrated into the City's utility system, as determined by the City in its sole discretion. The compensation payable to the Association/District for such line(s) and easement(s) shall be determined in accordance with paragraph 11 below. 2 el , 'n 6.4 The Association/District shall retain whatever water lines and easements in the property annexed it may require, if any, for the continued operations of its remaining water system. Where feasible, both the City and the Association/District may continue to jointly use those easements in which both the City and the Association/District maintain water lines. 7. INCLUSIONS AND EXPANSION OF SERVICE. All future proposed inclusions of properties and/or expansion of services by the Association/District within the City's existing LPA beyond those shown on the attached EXHIBIT B and beyond the boundaries of the Northwest Acres Subdivision shall be subject to City's prior approval . Requests to the Association/District for service and/or petitions to the Association/District for inclusions of properties lying within the existing LPA shall be timely referred by the Association/District to the City for its review within ten days of the Association/District's receipt of such requests or petitions. The City shall approve or disapprove the proposed inclusion within 45 days of such referral . The term "expansion of services" shall include the addition of new taps on such parcels of property currently serviced by the Association and the sale of new taps within the existing LPA. The purpose of this referral process is to provide assurance to the City that a new development immediately outside of its corporate limits can be evaluated to determine what impacts such development will have on the City' s water system. The intent is not to totally preclude the Association/District from extending or expanding water -- service or to preclude any development in Boulder or Weld Counties. The Association/District agrees to consult with the City regarding the appropriate design, capacity and location of proposed new Association/District lines within the LPA or the MSA in order to avoid the necessity of duplicating line construc- tion in the future as additional development occurs. The Association/District further agrees to permit the City to participate in the line capacity of any new transmission line constructed by the Association/District within the LPA or the MSA. Approval by City Council shall only be withheld on the grounds set forth in Section 32-1-401 (1) (c) (II) , Colorado Revised Statutes, that is, that the City will provide adequate water service to the real property described in the petition for inclusion within a reasonable time and on a comparable basis. 8. CONSULTATION. Whenever any distribution lines owned and operated by the Association/District within the City' s LPA or MSA are being replaced, expanded, or added to, the Association/District agrees to consult with the City concerning such replacement, expansion or addition to such lines. If the City agrees to purchase such distribution lines (for the amount set forth in paragraph 11 . 1) when the property under which they are located is annexed to the City, they shall be designed to meet or, at the option of the Association/District, to exceed the then applicable standards of the City, including fire flows. For the purposes _ of this Agreement, a "distribution line" is a water line which is used to provide water service to taps within a subdivision or within a defined area. For the purposes of this Agreement, a "transmission line" is a water line which transmits water for use in a grid or multiple area and which typically does not have taps connected directly into it. 9. EXCLUSIONS FROM DISTRICT. In the event the District is formed, and upon annexation by the City of property within the District, the City shall have the right to condition annexation upon the submittal by the property owner of a petition for exclusion from the District. The District agrees to timely process and grant such exclusion petition subject to payment by the property owner of any reimbursements required by the District/Association pursuant to paragraph 6.2 3 el -e b above. In the event of unilateral annexations, the City and the District shall stipulate to exclusion pursuant to proceedings initiated under Section 32-1-502, Colorado Revised Statutes. The parties acknowledge that, under existing state statutes, objecting property owner(s) may petition the court for an election on the issue of continuation of services by the District, and that notwithstanding the provisions of this Agreement, the parties are unable to agree to limit this statutory right. 10. FUTURE EXPANSION OF LPA. In the event the City expands its LPA beyond the boundaries set forth on EXHIBIT A and into the Association/District's service area as set forth on EXHIBIT B which may be further amended from time to time hereafter, the provisions of this Agreement shall govern such expansion to the extent that such provisions are applicable. In the event the provisions of this Agreement are not applicable, the parties agree to meet, confer and negotiate in good faith concerning issues of mutual concern including but not limited to: 10. 1 The options available to providing water to such properties using existing infrastructures of the Association/District. 10.2 Terms and conditions of a new agreement or an addendum to this Agreement. 11. COMPENSATION. 11 . 1 The City shall compensate the Association/District an amount reflecting the amortized value of any existing water line(s) serving property annexed by the City if, as determined by the City in its sole discretion, such water line(s) is/are integrated into the City' s domestic water system. In the event that the parties cannot otherwise agree to the amortized value of the water line(s) to be integrated into the City's system, the following presumption shall be applied by the parties in deriving such value: a 40-year useful life shall be presumed and the value, based on original cost to the Association/District, shall be calculated on the nearest half year from the date of construction. 11 .2 In the event that the City determines to expand its LPA beyond the boundaries set forth on EXHIBIT A and the Association/District has developed water storage facilities, water treatment plants and transmission facilities serving the area contemplated by the expanded LPA not existing as of the date of this Agreement, prior to such expansion, the City shall agree as a function of the expansion of its LPA to restore the Association/ District with such monies, based on original cost to the Association/ _ District, as remain unsatisfied which are attributable on a pro rata basis to the area sought for expansion as may be required to recoup such capital investment. Such amount shall be established and shall become due and payable at the time of annexation and assumption of domestic water service by the City. 12. EFFECTIVE DATE. This Agreement shall become effective upon its ratification -- by the District following the District ' s formation. If, for any reason, the District is not formed, the parties agree to negotiate in good faith about entering into an agreement between the City and the Association concerning the matters set forth in this Agreement. 4 o ^! 'Cr?* 13. TAP TRADES. In the event taps are traded between the Association/District and the City, such trades shall not be governed by this Agreement. Such trades shall be considered as separate agreements to be reached on a case-by-case basis. It is understood by the parties that such trades are made for the mutual benefit of the parties and neither party is considered damaged. 14. RATIFICATION BY SUCCESSOR SPECIAL DISTRICT. This Agreement shall be incorporated into the service plan of the proposed District and, if formed, it shall be ratified by the District's initial board of directors. The District's failure to ratify shall constitute a material departure from the District' s service plan and injunctive relief may be obtained pursuant to Section 32-1-207, Colorado Revised Statutes. 15. GENERAL OBLIGATION BONDS. The service plan of the proposed District states that the District intends to issue only revenue bonds and does not intend to issue general obligation bonds. The Association/District acknowledges that any plan by the District to issue general obligation bonds would constitute a material modification to the service plan which would require the District to comply with statutory procedures applicable to service plan modifications. 16. ARBITRATION. Any dispute arising under this Agreement which cannot be resolved by the parties shall be submitted to arbitration in Longmont, Colorado, by a board of three persons, one chosen by each party and the third by the two persons previously chosen. The parties agree to abide by the decision of the three-person board. If either party fails to choose a representative within ten days after demand for arbitration, the decision of the person chosen by the other party shall govern. The prevailing party may file such award with the Clerk of the District Court of Boulder County who shall enter judgment thereon, and if such award requires the payment of money, execution shall issue on such judgment. 17. ASSIGNMENT. This Agreement shall not be assigned or delegated except with the prior written consent of the parties. 18. 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. Such notice shall be deemed to have been given when deposited in the U.S. Mail . 19. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated in this Agreement for all purposes. 20. DELAYS. Any delays in, or failure of, performance by any party of his or its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or miliary authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control — of such party. 21. 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. 5 fa,� -2, N ti 22. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 23. 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. 24. DEFAULT AND/OR TERMINATION. All terms and conditions of this Agreement are considered material and in the event that either party defaults in the performance of any of the covenants or agreements to be kept, done or performed by and under the requirements of this Agreement, the non-defaulting party shall give the defaulting party 20 days written notice of such default, and if the defaulting party fails and neglects or refuses for a period of more than 20 days thereafter to make good or perform the default, then the non-defaulting party, without further notice, may, in addition to any other remedies available to it, terminate all rights and privileges granted in this Agreement and this Agreement shall be of no further force or effect. 25. 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. 26. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, and their respective legal representatives, successors, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise specifically authorized in this Agreement. Except as expressly provided for in this Agreement, the parties, by entering into this Agreement, do not intend to grant or confer any rights or benefits to or upon any third party. 27. GOVERNING LAW. This Agreement shall be governed by the laws of Colorado. 28. SEVERABILITY. If any provision of this Agreement is declared by an arbitrator to be invalid, void or unenforceable, such provision shall be deemed to be severable, and all other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be interpreted in all respects as if such provision were omitted. 29. DATED. February 12, 1991 . CITY OF ONG ONT, a munici al corporation By 6/i r eric . i son, r. , Mayor is Center Complex Longmont, Colorado 80501 (303) 776-6050 ATTEST: �p � nr Chery Boh�City C erk 6 C ii `r rt APPROVED AS TO FORM: ay o me 41. oug as it Attorney LONGS PEAK WATER ASSOCIATION, a Colorado non-profit corporation Vernon Pepper, Pres'iden P. O. Box 714 Longmont, Colorado 80502-0714 (303) 776-3847 ATTEST. - ssistan Secre ary -- STATE OF COLORADO ) ) ss COUNTY OF BOULDER ) isterfurci- The foregoing instrument was acknowledged before me this �$- day of Feb-v.-the-Fair- 1991, by Frederick D. Wilson, Jr. , as Mayor, and Cheryl Bohn, as City Clerk, of the City of Longmont. Witness my hand and official seal . My commission expires: -.7,al ((iI (----)CLAk t Notar' Public Li STATE OF COLORADO ) ) ss COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this 14th day of February, 1991, by Vernon Peppler, as President, and Daniel F. Bernard, as Assistant Secretary, of Longs Peak Water Association. Witness my hand and official seal . My commission expires: ,_.5-1/,7- 9,/ o d_e ary Public o A orcJma ..a w.0 n...wr 7 ^ H , A,,,,--,,,v ..1,-- , , ‘., ,. ,...-...,., ,,,1, ,,.._,, . ) a ,,,..,3 ,,. ,, , �� r°81.� ,P. 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' , h . ; .t' ��i� • ,��.� /. 1� - 1 1._ _-2 3-.'S1 a �t' At d 1 =i A` I ‘_— II ' EXHIBIT C Boulder County T3N, R70W Sections 1, 12, 13, 14, 22, 23, 24 T3N, R69W Sections 1 , 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 30, 36 Weld County T3N, R68W Sections 6, 7, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31 , 32, 33, 34 T2N, R68W Sections 3, 4, 5 of.:.._5..;�M1,., ;, ` � LONGS PEAK WATER ASSOCIATION P.O. BOX 714 • LONGMON I CO 80502-0714 • (303) 776-384', March 5, 1991 Board of County Commissioners Boulder County P.O. Box 471 Boulder, Colorado 80306 Board of County Commissioners Weld County 915 10th Street Greeley, Colorado 80632 Re: Special District Formation Dear Commissioners: Nearly thirty years ago, the Longs Peak Water Association was formed by the residents of rural northeastern Boulder and southwestern Weld Counties to provide clean, safe, potable water for themselves and their. livestock. The Association has served its members well over the years. However, it is the opinion of its. Board. of Directors- that the Association must change its legal status to meet the challenges of the 1990's so that it can continue to meet the needs of its customers. We are pleased to submit to you for your consideration and processing the attached Service Plan for the Longs Peak Water District. BOARD OF DIRECTORS rrnbin Peppier Donald Palmer ��� �• Fl oy Ad lr �est Petel'son 1 3-77E 72) Jades Boyd, Jr. ems ` Ernest Kit�eley d • • Ray Rodgers 1-an UNw\SPOREC.DX STATE OF COLORADO ) ) ss COUNTY OF BOULDER ) IN RE THE ORGANIZATION OF ) LONGS PEAK WATER DISTRICT ) BOULDER COUNTY, COLORADO ) TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTIES OF BOULDER AND WELD, STATE OF COLORADO: The Board of Directors of the Longs Peak Water Association, being the Petitioners and proponents of the proposed Longs Peak Water District, by their attorneys, and pursuant to the provisions of the "Special District Control Act" , Section 32-1- 201, C.R.S. , petition the respective Boards of County Commissioners of the Counties of Boulder and Weld, State of Colorado, for a Resolution of Approval for the formation of the Longs Peak Water District. In support of the Petition, the Petitioners state: 1 . Attached is a Service Plan which has been filed with the Clerk and Recorders of the Counties of Boulder and Weld. 2. Such Service Plan fully complies with the provisions of the "Special District Control Act" as to all of the information required to be contained herein. 3. Petitioners have also accompanied the Service Plan with the maximum processing fee required by state statute in the amount of $500.00. WHEREFORE, Petitioners request that the respective Boards of County Commissioners direct that within five days after the filing of the Service Plan, the Clerk and Recorders of Boulder and Weld Counties, on behalf of their respective Boards, report to the Division of Local Government in the Colorado Department of Local Affairs (on forms furnished by the Division) the name and the type of special district for which the Service Plan has been filed. Further, Petitioners request that the respective Boards enter such orders as may be necessary or proper in connection with a Resolution of Approval of the Service Plan of the proposed District. GRAN D, LYONS & GADD By c and N. Lyons - N 591 Attorneys for propo Longs Peak Water District P. O. Box 978 Longmont, Colorado 80502-0978 776-9900 (Longmont) ; 772-6105 (Fax) 571-5506 (Metro) ; 571-0939 (Fax) rvgjois.rmc.wnrs.sos ,.y INDEX Paae Description of Proposed Services 1 Need for Creation of Special District 1-7 Description of Facilities 8-12 Financial Plan 12-13 Proposed Indebtedness 13-16 Conformity with the Respective Counties' Comprehensive Plans 17-19 Description of Proposed Agreements with Other Entities 19-P0 Director Districts 21 Estimate of Formation Costs and Expenses 21 Conclusion P2 Exhibits Exhibit A Financial Information 23-28 Exhibit B City of Longmont Agreement 29-35 Exhibit C Standards and Specifications 36-88 Exhibit D Map of Boundaries and Director Districts 89 Exhibit E Legal Description of District 90-93 Exhibit F Legal Description of Director Districts Director District 1 9q-95 Director District 2 96-97 Director District 3 98-99 01 t " ;;• ,4 DESCRIPTION OF PROPOSED SERVICES The proposed Longs Peak Water District will be a Title 32 water district, defined by statute as a political subdivision of the State and which "supplies water for domestic and other public and private purposes by any available means and provides all necessary or proper reservoirs, treatment works and facilities, equipment, and appurtenances incident thereto." (Section 32-1-103 (25) , C.R.S.) The District will provide potable water to its customers as a result of it acquiring rights to untreated water (and/or using existing water rights as described herein) , storing such water in reservoirs and/or exchanging such water, treating the water at treatment facilities (existing and/or to be constructed) , and distributing the treated water to its customers by way of distribution facilities (both existing and/or to be constructed in accordance with the needs of the District) . NEED FOR CREATION OF A SPECIAL DISTRICT A. The Association The Longs Peak Water Association was formed in 1960 as a Colorado not- for-profit corporation pursuant to Section 7-22-101, et seq. , C.R.S. Its mission, as set forth in its organizational documents, is to construct and operate a water storage, treatment and distribution system on a non-profit basis for the benefit of its members. The Association does not issue capital stock. Instead, voting memberships are issued to those who obtain membership and water service from the Association pursuant to its bylaws, rules and regulations. Membership is limited by the Articles of Incorporation to those "owning, controlling or occupying land situated within the area served by the water system of the 1 ,• corporation." It is governed by an elected seven person board of directors. It is managed by a part-time manager and operated by a paid staff. The Association's primary source of operating revenue has been through the monthly service fees it charges its members for the use of treated water. It also possesses the ability to levy special assessments on each membership to meet its financial commitments. At its annual meeting of October 28, 1989, the Association's membership voted 194 to 0 to form a special district and to transfer the Association's assets and functions to that district. B. Reasons for Creation of a Water District The Association has been successful in meeting the growing demands of its members throughout the years --- from providing a needed service for farm families to now providing potable water to county subdivisions and rural residents. Nevertheless, the Association's Board of Directors is of the opinion that the Association should become a Title 32 special district for numerous and important reasons. Foremost among these are: 1 . Liability Insurance Costs. The Association's annual liability insurance premiums are approximately $20,000 which reflect the Association's operation of water treatment and distribution facilities as well as water storage interests in reservoirs. Insurance coverage for 1990 was difficult to obtain due to the decrease of the number of companies willing to insure water companies. The insurance industry "crisis" several years ago resulted in a reduction of covered risks but an increase in premiums. A special district is immune from certain tort claims for personal injury and property damage and from liability in excess of $150,000 per person and $400,000 in the aggregate pursuant to the provisions of the Colorado Governmental Immunity Act. This 2 .1 legal and economic protection is vital , especially in light of the expanding theories of liability with respect to reservoir and dam safety, water pollution, cross connections, etc. 2. Tax Exemption Status. As a non-profit provider of domestic water, the Association is currently exempt from real and personal property taxes pursuant to Section 39-3-101 (1) (g) (I) (F) ,C.R.S. In 1984 this tax exemption was nearly lost but was restored by the state legislature. In 1989, the state legislature considered revocation of the tax exempt status but SB 237 was amended at the committee stage to maintain this exemption for non-profit domestic water companies. If the Association's assets were subject to taxation, it would cost the members approximately $52,200 per year based upon a total tax levy of 90 mills on approximately $2,000,000 of assets which would have an assessed valuation of approximately $580,000. The Association cannot continue to rely upon its statutory non-profit tax exemption status. As a governmental entity, the District's assets would not be subject to taxation. 3. Use of Public Rights of Way. The Association has historically enjoyed the co-operation of landowners, local governments, and the state in the placement of its water distribution system. The Association has adhered to a policy of locating its lines in privately donated easements. However, in the past several years, it has been more difficult to obtain landowner co- operation, especially from non-agricultural residents. Important projects have been delayed due to recalcitrant landowners. A special district enjoys the statutorily granted right to utilize public rights of way in which to lay distribution lines. In addition, a district has condemnation powers in the event that a negotiated agreement cannot be reached with a landowner. 3 4. Parity with Governmental Entities. As a non-profit corporation, the Association is hampered in its relationships with other water suppliers and other governmental entities. For example, the Association is unable to enter into intergovernmental agreements or to join governmental entities to address issues of mutual concern because it is not a governmental entity. We are only ten years away from the beginning of a new century which will undoubtedly require new solutions to problems both old and new. Some experts are predicting that regional coalitions of governmental entities hold the key to providing economical water for our children and grandchildren. As a governmental entity, the District would have full parity with other entities in Boulder and Weld Counties. Furthermore, the Association's assets are subject to the condemnation powers of municipalities. With the demise of the Two Forks Dam project, it is no secret that the Denver area suburban municipalities are attempting to resolve projected water shortages by turning to the agricultural water lying to their north. As a special district, the Association's assets would be afforded protection from municipal condemnation. Furthermore, as a district there would be no memberships to acquire in the event of a "takeover" bid by another water user similar to what has been recently attempted by PSC and the REA's. 5. Defined Boundaries. As a non-profit corporation, the Association has no actual boundaries. It can service any geographic area subject only to the legal limitations on the use of Colorado Big Thompson Project and Windy Gap water. As a district, defined boundaries would exist which would lend certainty to planning efforts of all surrounding municipalities and other water suppliers. Statutory provisions dictate the procedures to be followed 4 in the event of municipal annexation of areas within (or serviced by) a special district.' Currently, absent written agreements, the Association must resort to persuasion and perhaps legal action to protect its capital investments and assets in areas which are annexed to municipalities. As a last resort, statutory methods would be available as a method of resolving these issues and would be in the best interests of all . 6. Collection of Delinquent Accounts. As a non-profit corporation, the Association seeks the cooperation of its members with respect to the payment of the monthly service charges. Nevertheless, past due accounts are an economic reality. By statute a special district's charges and fees constitute an automatic lien on the property serviced without further action by the District. This statutory lien is prior, perpetual and takes preference over deeds of trust and other encumbrances. Section 32-1-1101(1) (e) , C.R.S. , has increased the collection abilities of water districts by utilizing the county treasurer's services in certain instances. 7. Financial Flexibility. Historically, the Association has obtained necessary funding for capital construction projects from various Farmers' Home Administration grants and loans. These federal grant and loan programs are now virtually nonexistent. State grant funds are limited, designated for ' See, Section 32-1-502, C.R.S. The statute establishes a hearing process on proposed plans for disposition of assets, bonded indebtedness and customer service, etc. in the event of disagreement between the parties. Furthermore, the customers can demand an election on the issue of continued service by the District. 5 rectifying prioritized health hazards, and only available to municipalities or water districts.' Industrial revenue bonds for non-governmental entities are dependent upon their availability through (and consent of) the County as the issuer. Direct loans from financial institutions are available but at greatly increased interest rates. Water districts have the statutory authority to directly issue revenue bonds. This ability to raise needed funds for capital projects funds will save the customers a substantial amount by decreasing interest rates and giving the District greater financial flexibility to take advantage of fluctuations in the bond market. For instance, the Association's current loan with the First National Bank of Longmont is at an interest rate of 10% but adjusted every five years. This debt could be replaced with a revenue bond at a lower interest rate by several percentage points resulting in a substantial reduction in the annual debt service. Furthermore, a district can establish varying rates in areas within the district depending upon the services furnished or to be furnished therein. This allows for greater flexibility and precludes the subsidy of newer service by existing customers. Currently, the Association requires uniform rates and charges throughout the Association's service area. 8. Pre-emption of other special districts. Under Section 32-1-107 (2) , C.R.S. , a special district cannot be formed within the boundaries of an existing special district which provides the same service to be provided by the newly created district. Furthermore, a metropolitan district (which can provide more than one type of service) cannot duplicate the services provided ' For example, the Colorado Water Resources and Power Department Authority recently established a financing program for small water projects (treatment plants, pumping station, distribution lines, etc.) . This program is only available to governmental entities. 6 << r� by an existing special district in the same area. This statute obviously precludes the duplication of services and the proliferation of special districts. Because the utilization by developers of small special districts as a funding mechanism for capital improvements is becoming increasingly popular, it is in the best interests of both counties that a constituent, non- developer water district be formed to economically serve existing and future residents of the area on a regional basis instead of on a "development" basis. 9. Governmental attributes. As a governmental entity, the ballot box will replace the annual meeting of members. Although the annual meetings normally are of only several hours duration, in this busy age it is becoming more difficult to obtain widespread participation of the membership even at a once-a-year meeting on a Saturday afternoon. Furthermore, the District would be subject to such familiar statutory provisions as the open meetings, public records statutes, and annual audit and budgetary procedures. C. Existing and Projected Need The Association provides water service to nearly 1900 people and therefore without question there is an existing need for this service. However, for the reasons stated above, the Association's ability to continue to provide economical and efficient service is questionable. The replacement of the Association by the District would result in a legal structure which would create stability, continuity and certainty and provide the means to accomplish the task of water treatment and distribution for the customers in an economically sound and legally practical manner. Adequate water service to these 2500 people cannot be provided by any other single entity within a reasonable time and on a comparable basis. 7 f DESCRIPTION OF FACILITIES A. Water Supply As of November 30, 1990 the Association's raw water supply consisted of 813 units of Colorado Big Thompson Project (hereinafter "Big T") water pursuant to contract rights with the Northern Colorado Water Conservancy District. The Association also owns 1 share of Highland Ditch Co. stock, 4 shares of Supply Ditch Co. stock, 2/3 share of Rough and Ready Ditch Co. stock and 1/2 share of Pleasant Valley Reservoir and Fish Co. stock. These shares and units represent an average annual yield of 708 acre-feet of untreated water. Currently the Association uses "Big T", free river and Supply Ditch Co. water for treating. The other water is leased for irrigation purposes. The water used by contract from Pleasant Valley Reservoir is commingled water but Longs Peak uses is determined by the amount of "Big T" water placed in Pleasant Valley by virtue of unit owned by Longs Peak Water Association. The Association service area is entirely within the Northern Colorado Water Conservancy District Boundaries. It is anticipated that the major source of water for the District will be "Big T" water, but others may be used in the future. B. Water Storage, Treatment, and Distribution The untreated water used in the Association's system is stored in two reservoirs owned by the Association near their original plant which is located four miles west of Longmont and one-half mile north of Highway 66 and in Pleasant Valley Reservoir through contract with the Pleasant Valley Reservoir & Fish Company. These storage reservoirs are adequate to provide water for the existing treatment facilities and the Association does not anticipate 8 4 .. building any more reservoir capacity. If more reservoir capacity is needed, it is anticipated this will be done through agreement with existing reservoir companies. The arrangement of using this capacity in the existing reservoirs works well in that the Association requires the storage in the winter time and the reservoirs are filled then with the Big "T" water used by the Association early in the Spring so the reservoir owners don't lose any reservoir capacity. The Association's water treatment facilities consist of two plants each rated for .75 mgd. The original treatment plant is located where the reservoirs are west of Longmont and north of Highway 66. This plant was built in 1961 and served the District until 1980 when a second plant was constructed a mile north of Longmont near Terry Lake on Vermillion Road. These plants have excess capacity and at this time it is not anticipated that any new plant facilities will be required for at least 10 years. Both of the treatment facilities are downstream from the Colorado Big Thompson system. The raw water is delivered to the reservoir by carrying rights in the ditches that serve the particular reservoirs. The treated water is delivered in the Association's system through approximately 50 miles of transmission and distribution lines. These lines range in size from 1-inch to 14-inch. There is one booster pump station on the system which boosts water west from N. 75th Street to the Rabbit Mountain area and there are pumps in each plant that pump water to elevated storage where the system is then fed by gravity. Lines have been constructed over the years 1960 to present. The lines that were constructed in the early days of the system will require replacement as time goes by because of the materials used at that time have an estimated life of 30 years which in 1990 these pipes will have been in the ground for 30 years. The Association is not able to tell at this time which of the lines may begin 9 J to deteriorate. The history of the old lines has been that they remain sound until something disturbs them. This is usually being hit by another entity trenching in the area. Once they are disturbed the problems continue until they are replaced. Therefore, it is virtually impossible to determine a schedule for replacement. C. Standards of Construction The Company has published a set of standards and specifications for design and construction of water facilities which must be followed for all new facility installations. A copy, entitled Longs Peak Water Association Standards and Specifications is attached as Exhibit C. The Association's standards and specifications will be adopted in total by the District. These standards and specifications were purposefully drafted to meet or exceed those of adjacent service providers, except fire flow. Fire flow standards will be met within the Longmont Planning Area as per the Agreement with the City of Longmont. D. Service Users, Population Estimate and Assessed Valuation The Company presently services approximately 695 taps. The Colorado State Health Department guideline suggests that a figure of 2.7 persons per household be utilized for planning purposes. Thus, it is estimated that the Association serves 1,876 persons. Because the majority of the land lying within the proposed boundaries is zoned agricultural , it is not anticipated that dramatic growth will occur within the boundaries in the near future. Service to County approved non-urban development and to existing development not currently serviced by a water utility will provide the main source of future customers. 10 1 J dt -.1 S, Although property taxes are not contemplated, the estimated total assessed valuation of the District would be $84,900,000 for both counties. E. Future Capital Construction Projects The Association does not have any definite major capital projects planned for the next several years, other than minor transmission line upgrades, line replacement and replacements to alleviate pressure and flow problems in certain areas. The Association's staff will be developing a 10 year capital construction plan for the Association/ District's Board of Directors to consider at its next long range planning session. It is anticipated that this long range plan will include recommendations for: PROJECT A: This project would anticipate constructing approximately 3-1/2 miles of 6 or 8-inch line from the Number One plant west of Longmont, further west along Highway 66 to the McCall Lake area. This line would serve people in the area of McCall Lake and Hygiene who do not have water service. PROJECT B: The upgrading of the main transmission line on Highway 66 from County Line East to I-25. This upgrade would be done to better serve the I-25 corridor area at the intersection of Highway 66 and I-25. These are the only two projects that have been discussed or planned by the Association. The District's Board of Directors will be statutorily empowered to manage the affairs of the District and therefore the right to determine which future projects are in the District's best interests are reserved to its Board. Nevertheless, the District would be willing to consult with the respective planning staffs of Boulder and Weld Counties prior to any major 11 1 ' capital construction project. County input would be welcomed at long range planning sessions. Proposed Boundaries The proposed boundaries of the District are shown on the map labeled Exhibit E. The boundaries include all of the existing areas which are currently serviced by the Association, together with areas which can be efficiently serviced in the future. It is important to note the following: * All lands lying within the "enclosed" boundaries will be included regardless of whether the particular parcel is currently being serviced by the Company. * Where the boundary skirts the City of Longmont, any land currently within the City of Longmont will be specifically excluded from the boundaries of the District. The area directly north of Longmont which is in the Longmont Planning Area, the District will include only those parcels served by the Association. A legal description of these parcels and the District boundaries are set forth in Exhibit D. FINANCIAL PLAN A. Projections The Association's auditor, Lambert & Associates, P.C. , 717 5th Avenue, Longmont, Colorado, has prepared a financial analysis of the Association/ District. These include: Income and Retained Earnings - Exhibit A - Table 1 Forecasted Cash Flow - Exhibit A - Table 2 Forecasted Balance Sheet - Exhibit A - Table 3 It is imperative to note that these financial statements are based upon the assumption that the Association/District will experience "no growth" or any increase in the number of taps issued. This "no growth" assumption is 12 i ei ., made to demonstrate that, unlike a developer district, the financial viability of the Association/District is not completely dependent upon rapid future development. B. Rates and Fees The Association's current rates should continue unchanged by the District after it assumes the functions of the Association. The District's Board of Directors will be responsible for establishing all rates, fees and charges subject to statutory limitations. PROPOSED INDEBTEDNESS A. Introduction The Association currently has one major financial obligation outstanding: a promissory note to the First National Bank of Longmont. A detailed explanation of this obligation is set forth below. Upon formation, the District would issue revenue bonds to acquire the assets of the Association. The money paid to the Association for its assets will be sufficient to retire the existing debt. The Association would then transfer all of its assets and functions to the District and the District would assume all existing contractual obligations. A portion of the operating revenue of the District would then be allocated to pay the District's obligations under the newly issued revenue bonds in the same manner as the Association has met its existing debt service. However if the then prevailing interest rates or cost of issuance suggest delaying a bond issuance, or preclude issuance, the District would assume the Association's debt. The following is an explanation of this proposed transaction. 13 B. First National Bank Loan The Association has historically obtained financing for its capital construction projects from the various rural water loan programs of the Farmers Home Administration. In 1987, the Farmers Home Administration announced a discount purchase program whereby substantial discounts would be made if outstanding loans were prepaid by the borrower with non tax-exempt funds. The Association took advantage of this discount program by borrowing $720,000 from First National Bank of Longmont and utilized these funds to purchase the existing loan from the Farmers Home Administration which then had a principal balance of $1,193,000. This resulted in a savings to the Association of $473,000 in principal alone. The terms of the note call for monthly payments of $8,604.50 until paid in full on or before June 30, 2000. This note will be paid prior to its maturity by the Association utilizing the proceeds from the sale of its assets to the District. Depending upon the opinion of the District's special bond counsel , and upon then existing federal regulations, the District may be required to temporarily assume the loan. If so, the Association would obtain the consent of the Bank and assign the note and delegate its duties thereunder to the District which would then await a favorable interest rate before issuing the revenue bonds to effect repayment of the loan. In the event that an unfavorable bond market precludes the issuance of revenue bonds, the District would simply assume the loan and retire the indebtedness pursuant to its current or renegotiated terms. D. Revenue Bond Capability Pursuant to Section 32-1-1101 (1) (d) , C.R.S. , the issuance of revenue bonds does not require the affirmative vote of the District's electorate 14 c� because the bond obligation would be met from the District's revenues and not from property tax levies. Only those general obligations which represent the pledge of the full faith and credit of the public entity (resulting in the levy of property taxes) require voter approval . The District does not intend to utilize general obligation bonds in the foreseeable future and therefore property taxes to retire general obligation indebtedness are not currently anticipated. All existing and assumed obligations will be retired or met from the operating revenues of the District in the same manner as the Association has met its existing obligations solely from past operating revenues. However, any general obligation bonded indebtedness needed for future capital construction projects will be submitted to the electorate for prior approval as required by the state constitution. E. Other Indebtedness The District will assume all other existing long term and short term indebtedness of the Association at the time of transfer of assets and assumption of functions. This assumption of indebtedness would be all inclusive and would include (but is not limited to) all operating expenses, accounts payable, accrued expenses, and all other liabilities incurred by the Association in its normal operations. Expressly excluded would be contingent claims, known or unknown, for personal injury or property damage which would be limited or barred by operation of the Colorado Governmental Immunity Act, Section 24-10-101, et seq. , C.R.S. F. General Operating Mill Levy It is not anticipated that the District would be required to levy any taxes for general operating purposes in the foreseeable future. The District should be able to meet both its short and long term obligations solely from 15 operating revenues. However, because of the small number of customers and the prospect of possible loss of customers through annexation of properties into the City of Longmont, the District may, in the future, be required to levy a minimal property tax for general operating expenses. However, this power is not different from the Association's current ability to levy special assessments on its members to meet its obligations. Should it become necessary to issue general obligation bonds, Longs Peak Water District will consider this a material change in the service plan and will comply with the statutory procedures applicable to service plan modifications. 16 16 0 �.'_. � '. CONFORMITY WITH THE RESPECTIVE COUNTIES' COMPREHENSIVE PLANS A. Boulder County The formation of a District is in substantial compliance with the Boulder County Comprehensive Plan. Most of the proposed District lies within the Terry Lake Study Area north of Longmont. The Comprehensive Plan characterizes the Terry Lake analysis area as principally agricultural area with approximately 91 percent of the area used for agricultural purposes. Further the Comprehensive Plan states on page 11-44, "Encourage new dwellings to utilize the Little Thompson Water District or Longs Peak Water Association for their domestic water supply." It is felt that by taking steps to make the Longs Peak Water Association/District a more viable unit is in conformance with this portion of the Comprehensive Plan. The Comprehensive Plan also indicates that there are 33 platted but vacant lots in the Terry Lake analysis area. Since the time of the Comprehensive Plan there have been several NUPUD's approved in the area and this has brought this number closer to 70 to 80 lots which again will require service from a viable water source. It is imperative to note that as a "constituent district" (distinguished from a "developer district") the District will not be dependent upon growth and development to meet its financial commitments or to provide efficient and economical service. Nevertheless, with the Company's existing infrastructure of distribution lines, the District would be able to continue to service rural residents located on farms and in existing subdivisions and NUPUDs as well as to service future NUPUDs which the County may approve. Thus, under the Comprehensive Plan, there is an "existing and projected need for organized service in the area." 17 C'Ail Finally, the District could ensure a reliable source of domestic water to the residents of the McCall Lake and Hygiene area thus preserving the option for the residents to remain a separate and distinct community apart from the City of Longmont and in conformity with goal 14.04 of the Comprehensive Plan. B. Weld County The eastern portion of the proposed District lies within Weld County and includes two distinct areas: the I-25 Mixed Use Development Area (M.U.D.) and the non-urban and agricultural areas which are adjacent to Boulder County in the western portion of Weld County. The formation of the District is in conformity with the adopted Weld County Comprehensive Plan with respect to both areas. With respect to the I-25 M.U.D. , the Comprehensive Plan states as two of its goals: 3. To provide efficient and cost-effective delivery of adequate public facilities and services which assure the health, safety, and general welfare of the present and future residents of Weld County and the area. * * * * 5. To promote governmental cooperation in order to avoid duplication of services and to provide economies of scale. Certainly, the formation of the District to provide "efficient and cost effective" water service to the residents of the area, utilizing the Association's infrastructure, is consistent with these goals. With respect to the areas in the proposed District which lay outside of the I-25 M.U.D. , the District is in conformity with the Comprehensive Plan's standards and goals for Public Facilities and Services. Under this section, the Plan states at page 53 that one basic objective is to "plan and coordinate 18 1 a timely, orderly, and efficient arrangement of public facilities and services to serve as a framework for rural and urban development." The Plan further states that municipalities are considered to be the principal providers of public services but that "alternative facility and service systems" (such as special districts) may provide these services provided that (1) they comply with the standards set forth in the Plan, the Zoning Ordinance, and Subdivision Regulations; and (2) if located within a municipal urban growth area, the standards must be compatible with the municipality most likely to annex the area so served. Finally, the formation of the District would be in conformity with the Plan's Public Facility and Service Goals (page 58) which are to: I. Promote efficient and cost-effective delivery of public facilities and services. 2. Require adequate facilities and services to assure the health, safety and general welfare of the present and future residents of Weld County. C. Water Quality Management Plans Section 32-1-203 (2.5) (c) , C.R.S. , suggests that the proposed District and its facilities must be consistent with "county, regional or state long- range water quality management plans" for the area. Although this requirement exists primarily for sanitation districts, it can be stated that the Longs Peak Water District will be in compliance with all county, regional and state water quality management plans. DESCRIPTION OF PROPOSED AGREEMENTS WITH OTHER ENTITIES The Association is presently party to an agreement with one other governmental entity regarding the provision of services. 19 1. CITY OF LONGMONT. On February 12, 1991 the Longmont City Council approved an Agreement between Longs Peak Water Association/District which addresses the issues of mutual concern regarding the formation and operation of a Title 32 special district by Longs Peak Water District. The Longs Peak Water Association Board of Directors approved this Agreement on February 14, 1991. A copy of this Agreement is attached as Exhibit B. The Association has agreements with the following non-governmental entities and these shall be assigned and delegated to (and assumed by) the District: 2. SUBDIVISION AND OTHER SERVICE AGREEMENTS. The Association has executed service agreements to service several existing subdivisions. Although most of the platted lots have been developed and are currently being serviced, there are undeveloped lots in several of the subdivisions. The District will honor all of these previous service commitments. 3, COVENANTS AND EASEMENTS. Several of the Association's easements also contain affirmative covenants running with the land, such as a covenant to restore disturbed landscaping, etc. These agreements and responsibilities will be assumed by the District. 4. WATER EXCHANGE AGREEMENT. In 1979, the Association, the Rough and Ready Irrigating Ditch Company and the Pleasant Valley Reservoir, Fish and Ditch Company executed an agreement which provides for the delivery of Big T water through the Rough and Ready Ditch to Pleasant Valley's reservoir for storage and use by the Association subject to the terms and conditions of carriage and storage as set forth in the Agreement. The Association's rights and obligations under this Agreement shall be assigned and delegated to the District upon the consent of the other two parties. 20 20 DIRECTOR DISTRICTS The District will be governed by a board of five (5) directors, elected pursuant to state statute. The initial board will consist of two directors who shall serve until the first special district general election after the year of formation, and three directors who shall serve until the second special district general election after the year of formation. Thereafter, the terms of office shall be four years as provided by statute. The three directors shall be electors of specific "director districts." Two directors will be elected at large. The director district boundaries' and designations are shown on the map labeled as Exhibit E. ESTIMATE OF FORMATION COSTS AND EXPENSES The following is an estimate of formation costs and expenses which will be incurred by the Association prior to its dissolution as a non-profit corporation. Any accrued but unpaid liabilities will be assumed by the District. Legal expenses: $7,500 Accounting: $1,000 Engineering: $10,400 Election: $4,000 Publication Fees: $1,000 Contract services: $ 750 Miscellaneous: $ 750 (postcards, mailing, com- puter lists of property owners, etc. ) ' Although the directors will be required to be electors of specific geographical areas, all electors of the District would be eligible to vote for these directors pursuant to statute. (1 , 21 C L �� ;a s CONCLUSION The Petitioners urge that this Service Plan be approved on the basis that: * There is sufficient existing and projected need for organized water service in the proposed District's service area as demonstrated by the Association's existing members and customers; * Although the existing service by the Association is adequate, the Association's structure is inadequate for the projected needs of the area because of the higher costs of operation as a non-profit corporation and the inability to protect its assets (water rights, tangible property, and customer service contracts) from encroachment by other entities (existing or to be formed) ; * The proposed District is functionally capable of providing economical and sufficient service to the proposed service area; and * The area to be included in the proposed District has the financial ability to discharge the proposed indebtedness on a reasonable basis. A\LPYASERV.PL\70.3A 042390 22 24(2 DCHIBIT A FINANCIAL INFORMATION c , ¢ - , Lambert & Associates, P. C. Merlyn) Lambert.CPA Certified Public Accountants Debra Boennighausen,CPA 717 5m Avenue.Longmont Coioraao 80501 John P. BurCham.CPA Telephonef3031651-3626 Mono an3-4581 Far 651-3636 Robert E Wright.CPA ACCOUNTANTS' COMPILATION REPORT To Board of Directors Longs Peak Water Association Longmont, Colorado We have compiled the accompanying forecasted balance sheets, statements of income aad retained earnings and cash flows of Longs Peak Water Association as of November 30, 1991-1993 , and for the years then ending, in accordance with standards established by the American Institute of Certified Public Accountants. A compilation of forecasted statements is limited to presenting in the four of a forecast information that is the representation of management and does not include evaluation of the support for the assumptions underlying the forecast. We have not examined the forecast and, accordingly, do not express an opinion or any other form of assurance on the accompanying statements or assumptions. Furthermore, there will usually be differences between the forecasted and actual results, because everts and circumstances frequently do not occur as expected, and those differences may be material . We have no responsibility to update this report for events and circumstances occurring after the date of this report. The historical balance sheets as of November 30, 1987-1990 and the related statements of income and retained earnings and cash flows of Longs Peak Water Association were audited by us and we expressed unqualified opinions on them dated January 7, 1988 , January 20, 1989, January 19, 1990, and January 16, 1991, respectively. The historical data is included for comparative purposes only. Management has elected to omit from the 1987-1990 historical financial statements substantially all of the disclosures required by generally accepted accounting principles. If the omitted disclosures were included, they might influence the user's conclusions about the Association's financial position, results of operations, and cash flows for the periods presented. Accordingly, the accompanying presentations are not designed for those who are not informed about such matters. (117tt1,4"-/ALA-1 ' ilt*P. Certified Public Accountants February 20, 1991 4 e. 5 4 Members of the American Institute of Certified Public Accountants and Colorado Society of Certified Public Accountants Page 1 M n N 0 0 M P b O a P O n b .... . ii O b N 0 0 M m ^ 0 M a N N N V O N n b 0 ,0 m m N m m N 0aa maPObnOM ma11 � •mmm M M a m 0 n a V O N b m 0 n 0 N N m m n n M m M 'O 2 m n N M N b m N P N N C 0 u a. 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O _ n yp ° 'i mN 0 O.� o nU U U 4 L O W Y 9 j 6 n J ft 4 V .4 N O U V Y Y V V 4 W N G J V A `� f, „ n 4 F •T n Z n u r e , G C 6 E 4 x Y .4 ai s.. o _ !i Y x u V y J a Z F C LN 4 6 Y N L x J U 4 U y E a U 4 O Y U y y 04 U 0 e U N al 14 0 V Y U H O. O .A .1 O Y U 6 C m h. E 2 6 U K ..,, O Is J a 4 0 a Si a Z Page .4 LONGS PEAK WATER ASSOCIATION SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS AND ACCOUNTING POLICIES Three Years Ending November 30, 1993 NOTE 1 - NATURE OF FORECASTS This financial forecast presents, to the best of management's knowledge and belief, the Association's expected financial position, results of operations, and cash flows for the forecast period. Accordingly, the forecast reflects management's judgment as of February 20, 1991, the date of this forecast, of the expected conditions and its expected course of action. The assumptions disclosed herein are not all inclusive but are those that management believes are significant to the forecast. There will usually be differences between the forecasted and actual results , because events and circumstances frequently do not occur as expected, and those differences may be material. NOTE 2 - GENERAL ASSUMPTIONS AND ACCOUNTING POLICIES Organization. Longs Peak Water Association (Longs Peak) , a Colorado non-profit corporation, was organized pursuant to Colorado Revised Statutes Section 7-22-101 et sea. for the purpose of providing and maintaining a system for the diversion, supply, storage, treatment and distribution of water to its members in Boulder and Weld counties. Basis of Accounting. The forecast uses the accrual method of accounting that Longs Peak uses for financial statement reporting purposes. In accordance with the accrual method of accounting, revenues are recognized when earned and expenses are recognized when the related obligation is incurred. Income taxes. The Association has been granted exemption from federal income taxes as a non-profit corporation pursuant to code section 501(c) (12) of the Internal Revenue Code by the Internal Revenue Service. Consequently, no provision for income taxes has been made in these financial statements. Nature of Operations During the Forecast Period. Longs Peak will seek to become a special district under the laws of the State of Colorado during 1991. However, management does not intend to assess a mill levy; therefore, no property tax revenues have been included in the forecast. Furthermore, no yearly increase in taps has been provided for in the forecast, which has been prepared using the principal assumption that Longs Peak will continue to operate substantially the same as it has over the past several years. No rate increase for water users has been included for the forecast period. 2 '7 Page 5 LONGS PEAK WATER ASSOCIATION SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS AND ACCOUNTING POLICIES Three Years Ending November 30, 1993 NOTE 2 - GENERAL ASSUMPTIONS AND ACCOUNTING POLICIES - Continued Expenses. The following summarizes significant assumptions for forecasted expenses other than interest. 1. The number of people employed by Long Peak Water Association will remain at its present level throughout the forecast period. 2. Depreciation expense has been calculated using the straight-line method over the estimated useful lives of the assets and will remain substantially unchanged for the forecast period. 3. Other operating expenses will increase annually due to inflation at the rate of approximately 5% annually. NOTE 3 - LONG-TERM LIABILITY The accompanying forecast reflects the following long-term liability: First National Bank of Longmont. As of November 30, 1990, the Association is indebted to the First National Bank of Longmont for a total of $634,957. The note requires monthly payments of $8 ,604.58 including interest at 10% and matures on June 30, 2000. The note is collateralized by the water shares, water distribution system, equipment, improvements and general intangibles of the Association. The interest rate charged by the bank may be reviewed and adjusted by mutual agreement on June 30, 1993 and June 30, 1998. 4: Q s . ,.� a.. . ._,...._ - Page 6 EXHIBIT B CITY OF LONGMONT AGREEMENT ° "m ', DRAFT NO. 11 January 29, 1991 AGREEMENT REGARDING FORMATION OF WATER DISTRICT I. PARTIES. The parties to this Agreement are the CITY OF LONGMONT, a municipal corporation (City) , and LONGS PEAK WATER ASSOCIATION, a Colorado non- profit corporation (Association) . 2. RECITALS AND PURPOSE. The Association operates a water system in rural areas of Boulder and Weld Counties, including areas adjacent to the northern corporate limits of the City. The Association is pursuing the formation of a Title 32 water district to be known as Longs Peak Water District (District) which will assume the functions, assets and liabilities of the Association and which, pursuant to statute, will have defined boundaries. The proposed boundaries of the District will include certain lands lying within the St. Vrain Valley Planning Area (SVVPA) and within the Longmont Planning Area (LPA) . In addition, the proposed boundaries of the District will include one area known as the Northwest Acres Subdivision which is not within the corporate boundaries of the City, but which is within the Municipal Service Area (MSA) . The City does not oppose the formation of the District provided that its concerns are resolved to its satisfaction with respect to future annexations of properties which may be serviced by the District or which may be within District boundaries. The purpose of this Agreement is to set forth the terms and conditions upon which the District will provide service to present and future water users as well as how the District will respond to future annexations to the City of properties which are, or may be, included in or serviced by the District. Accordingly, in consideration of the mutual covenants, the parties agree to the terms and conditions set forth in the following paragraphs. 3. CITY COMPREHENSIVE PLAN/DISTRICT SERVICE PLAN. Attached as EXHIBIT A is a current map depicting the current boundaries of the City' s SVVPA and LPA as designated by the Longmont Area Comprehensive Plan. The Association recognizes that certain properties which it currently services or which it may service lie within the SVVPA and LPA, and that the Northwest Acres Subdivision which it services lies within the City' s MSA. The service plan to be submitted to Boulder and Weld Counties for the formation of the District shall have a copy of this Agreement attached and the boundaries of the proposed District shall be drawn so as to include, with respect to areas within the LPA, only those properties currently serviced by the Association. Attached as EXHIBIT B is a map depicting the proposed boundaries of the District. Attached as EXHIBIT C is a list of those areas set forth by Section, Range, Township and County which this Agreement may affect. 4. CONTINUATION OF SERVICE. The parties agree that any existing water service provided by the Association, and subsequently by the District as its successor in interest, to any property within the City' s LPA may continue until such time as that property is annexed to the City. For the purposes of this Agreement, the term "annexation" means when the annexation ordinance is recorded in the records of Boulder County, Colorado and/or Weld County, Colorado, as applicable. 5. CITY'S RIGHT TO SERVE UPON ANNEXATION. Upon annexation by the City of property served by the Association/District, the City, at its sole and absolute discretion, subject to this Agreement, shall have the option of servicing such property through its municipal water utility system as follows : 2' . J C-44 c..n 5.1 Recognizing that many of the properties to be possibly annexed by the City re that, awithinr 90 days of theu City' s rreceipt of an annexation petition, the Association shall coordinate with the City to develop a plan to provide until such time as the property is receiving continued and uninterrupyed water service to the residence or other ertstructures on the pro P water service from the City. for lands within the 5.2 If an annexation petition is filed with the City petitioniis/Dintsubstantialf Council with Section 31-12-107, Colorado Revised Statutes, the City shall refer the annexation application to the Association/District within 14 days of the City' s receipt of such applica- tion. In addition, the City will provide the Association/District at least 25 days written notice of the date and time on which the City Council will hold a public hearing on the annexation pursuant to Section 31-12-108(2) , Colorado Revised Statutes. 5.3 In the event that the City elects not to provide municipal water shallCecoto the p ntinue rtoerprovidehesuche service toannexation, the then the Association/District of then existingtap(s) servicing such properties for such period of time as may be mutually agreed by the parties. Any continued service by the Association/District ssocpolicies tion/Diand nothing shall be subject to its then existing rules and Ageemettor provide this sservice inn contraventionoof� such erules n of tand Apolcici t es. The City shall have the right to preempt such service at any later date upon 90 advance written notice o tomunicipal system. Association/District of the intended date o 6. TRANSFER OF FACILITIES, WATER RIGHTS, RtheT Associatlion/District on otoa dhehC transfer, he of service to the property following shall occur: 6. 1 All raw water rights owned by the Association/District shall be retained by the Association. 6.2 The City acknowledges that the District may require the property owner which is seeking annexation to reimburse the Association/District an amount equal to the total revenue received by the Association/District or the 36-month period preceding the filing date of the annexation app for each tap which will be disconnected from the Association/District' s system as result of the annexation. 6.3 Unless the parties agree otherwise, theAssociation/District S) shall convey to the City any existing water line(s) integrated g the the City in its sole property annexed if such water line(s) is/are capable of being 9 into the City' s utility system, as determined by discretion. The compensation be detle to erm determined accordance Association/District for such line(s) and easement(s) below. 2 i 6.4 The Association/District shall retain whatever water lines and easements in the property annexed it may require, if any, for the continued operations of its remaining water system. Where feasible, both the City and the Association/District may continue to jointly use those easements in which both the City and the Association/District maintain water lines. 7. INCLUSIONS AND EXPANSION OF SERVICE. All future proposed inclusions of properties and/or expansion of services by the Association/District within the City' s existing LPA beyond those shown on the attached EXHIBIT B and beyond the boundaries of the Northwest Acres Subdivision shall be subject to City' s prior approval . Requests to the Association/District for service and/or petitions to the Association/District for inclusions of properties lying within the existing LPA shall be timely referred by the Association/District to the City for its review within ten days of the Association/District' s receipt of such requests or petitions . The City shall approve or disapprove the proposed inclusion within 45 days of such referral . The term "expansion of services" shall include the addition of new taps on such parcels of property currently serviced by the Association and the sale of new taps within the existing LPA. The purpose of this referral process is to provide assurance to the City that a new development immediately outside of its corporate limits can be evaluated to determine what impacts such development will have on the City' s water system. The intent is not to totally preclude the Association/District from extending or expanding water service or to preclude any development in Boulder or Weld Counties . The Association/District agrees to consult with the City regarding the appropriate design, capacity and location of proposed new Association/District lines within the LPA or the MSA in order to avoid the necessity of duplicating line construc- tion in the future as additional development occurs. The Association/District further agrees to permit the City to participate in the line capacity of any new transmission line constructed by the Association/District within the LPA or the MSA. Approval by City Council shall only be withheld on the grounds set forth in Section 32-1-401 (1) (c) (II) , Colorado Revised Statutes, that is, that the City will provide adequate water service to the real property described in the petition for inclusion within a reasonable time and on a comparable basis . 8. CONSULTATION. Whenever any distribution lines owned and operated by the Association/District within the City' s LPA or MSA are being replaced, expanded, or added to, the Association/District agrees to consult with the City concerning such replacement, expansion or addition to such lines . If the City agrees to purchase such distribution lines (for the amount set forth in paragraph 11 . 1) when the property under which they are located is annexed to the City, they shall be designed to meet or, at the option of the Association/District, to exceed the then applicable standards of the City, including fire flows. For the purposes of this Agreement, a "distribution line" is a water line which is used to provide water service to taps within a subdivision or within a defined area. For the purposes of this Agreement, a "transmission line" is a water line which transmits water for use in a grid or multiple area and which typically does not have taps connected directly into it. 9. EXCLUSIONS FROM DISTRICT. In the event the District is formed, and upon annexation by the City of property within the District, the City shall have the right to condition annexation upon the submittal by the property owner of a petition for exclusion from the District. The District agrees to timely process and grant such exclusion petition subject to payment by the property owner of any reimbursements required by the District/Association pursuant to paragraph 6.2 3 ii above. In the event of unilateral annexations, the City and the District shall stipulate to exclusion pursuant to proceedings initiated under Section 32-1-502, Colorado Revised Statutes. The parties acknowledge that, under existing state statutes, objecting property owner(s) may petition the court for an election on the issue of continuation of services by the District, and that notwithstanding the provisions of this Agreement, the parties are unable to agree to limit this statutory right. 10. FUTURE EXPANSION OF LPA. In the event the City expands its LPA beyond the boundaries set forth on EXHIBIT A and into the Association/District' s service area as set forth on EXHIBIT B which may be further amended from time to time hereafter, the provisions of this Agreement shall govern such expansion to the extent that such provisions are applicable. In the event the provisions•of this Agrements agree to meet, te goodefaithaco cernip � re not ng issbues of mutual le, the econc confer including but not dlimited ato: �n 10.1 The options available to providing water to such properties using existing infrastructures of the Association/District. 10.2 Terms and conditions of a new agreement or an addendum to this Agreement. 11. COMPENSATION. 11 .1 The City shall compensate the Association/District an amount reflecting the amortized value of any existing water line(s) serving property annexed by the City if, as determined by the City in its sole discretion, such water line(s) is/are integrated into the City' s domestic water system. In the event that the parties cannot otherwise agree to the amortized value of the water line(s) to be integrated into the City' s system, the following presumption shall be applied by the parties in deriving such value: a 40—year useful life shall be presumed and the calculated son the nearest ed on lhalf year from he date f c cost to the AssociationDistrict, hall be construction. 11 .2 In the event that the City determines to expand its LPA beyond the boundaries set forth on EXHIBIT A and the Association/District has developed water storage facilities, water treatment plants and transmission facilities serving the area contemplated by the expanded LPA not existing as of the date of this Agreement, prior to such expansion, the City shall agree as a function of the expansion of its LPA to restore the Association/ District with such monies, based on original cost to the Association/ District, as remain unsatisfied which are attributable on a pro rata basis to the area sought for expansion as may be required to recoup such capital investment. Such amount shall be established and shall become due and payable at the time of annexation and assumption of domestic water service by the City. 12. EFFECTIVE DATE. This Agreement shall become effective upon its ratification by the District following the District' s formation. If, for any reason, the District is not formed, the parties agree to negotiate in good faith about entering into an agreement between the City and the Association concerning the matters set forth in this Agreement. 4 t } tit cl .''__. `a 13. TAP TRADES. In the event taps are traded between the Association/District and the City, such trades shall not be governed by this Agreement. Such trades shall be considered as separate agreements to be reached on a case-by-case basis. It is understood by the parties that such trades are made for the mutual benefit of the parties and neither party is considered damaged. 14. RATIFICATION BY SUCCESSOR SPECIAL DISTRICT. This Agreement shall be incorporated into the service plan of the proposed District and, if formed, it shall be ratified by the District' s initial board of directors . The District' s failure to ratify shall constitute a material departure from the District ' s service plan and injunctive relief may be obtained pursuant to Section 32-1-207, Colorado Revised Statutes. 15. GENERAL OBLIGATION BONDS. The service plan of the proposed District states that the District intends to issue only revenue bonds and does not intend to issue general obligation bonds. The Association/District acknowledges that any plan by the District to issue general obligation bonds would constitute a material modification to the service plan which would require the District to comply with statutory procedures applicable to service plan modifications. 16. ARBITRATION. Any dispute arising under this Agreement which cannot be resolved by the parties shall be submitted to arbitration in Longmont, Colorado, by a board of three persons, one chosen by each party and the third by the two persons previously chosen. The parties agree to abide by the decision of the three-person board. If either party fails to choose a representative within ten days after demand for arbitration, the decision of the person chosen by the other party shall govern. The prevailing party may file such award with the Clerk of the District Court of Boulder County who shall enter judgment thereon, and if such award requires the payment of money, execution shall issue on such judgment. 17. ASSIGNMENT. This Agreement shall not be assigned or delegated except with the prior written consent of the parties. 18. 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. Such notice shall be deemed to have been given when deposited in the U.S. Mail . 19. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated in this Agreement for all purposes. 20. DELAYS. Any delays in, or failure of, performance by any party of his or its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or miliary authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party. 21. 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. 'A 5 L ._, 22. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 23. 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. 24. DEFAULT AND/OR TERMINATION. All terms and conditions of this Agreement are considered material and in the event that either party defaults in the performance of any of the covenants or agreements to be kept, done or performed by and under the requirements of this Agreement, the non-defaulting party shall give the defaulting party 20 days written notice of such default, and if the defaulting party fails and neglects or refuses for a period of more than 20 days thereafter to make good or perform the default, then the non-defaulting party, without further notice, may, in addition to any other remedies available to it, terminate all rights and privileges granted in this Agreement and this Agreement shall be of no further force or effect. 25. 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. 26. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, and their respective legal representatives, successors, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise specifically authorized in this Agreement. Except as expressly provided for in this Agreement, the parties, by entering into this Agreement, do not intend to grant or confer any rights or benefits to or upon any third party. 27. GOVERNING LAW. This Agreement shall be governed by the laws of Colorado . 28. SEVERABILITY. If any provision of this Agreement is declared by an arbitrator to be invalid, void or unenforceable, such provision shall be deemed to be severable, and all other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be interpreted in all respects as if such provision were omitted. 29. DATED. February _, 1991 . CITY OF LONGMONT, a municipal corporation By Frederick D. Wilson, Jr. , Mayor Civic Center Complex Longmont, Colorado 80501 (303) 776-6050 ATTEST: Cheryl Bohn, City Clerk lt 6 'Fj .A $, r. ;4 APPROVED AS TO FORM: Claybourne M. Douglas, City Attorney LONGS PEAK WATER ASSOCIATION, a Colorado non-profit corporation By Vernon Peppler, President P. O. Box 714 Longmont, Colorado 80502-0714 (303) 776-3847 ATTEST: Secretary STATE OF COLORADO ) ss COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this day of February, 1991 , by Frederick D. Wilson, Jr. , as Mayor, and Cheryl BOFF7—as City Clerk, of the City of Longmont. Witness my hand and official seal . My commission expires: Notary Public STATE OF COLORADO ) ) ss COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this day of February, 1991 , by Vernon Peppler, as President, and Josephine Anderson, as Secretary, of Longs Peak Water Association. Witness my hand and official seal . My commission expires: Notary Public en.l�•JJ.w ,/uc\cnti.A oasa, 35 7 n,v . M EXHIBIT C STANDARDS AND SPECIFICATIONS *71 R_� LONGS PEAK WATER DISTRICT MINIMUM DESIGN STANDARDS FOR WATER DISTRIBUTION SYSTEM I. GENERAL SPECIFICATIONS 1. SCOPE la. The following standards, specifications and related standard construction details (SCD) have been developed and adopted in an attempt to insure a uniform policy for all new construction of water lines and appurtenances and/or the modification of any existing faci- lities within the jurisdictional boundaries of the Longs Peak Water District. Although this material is intended to be as complete and inclusive as possible, it does not relieve the contractor from meeting any addi- tional Federal , State, Local or District requirements which may apply to a particular project, nor will the Longs Peak Water District be held liable for a failure to meet these obligations. Application for exemption or variance to to any portion of this docu- ment must be made in writing and approved by the Longs Peak Board of Directors. 2. DEFINITIONS 2a. A.S.M.E. American Society of Mechanical Engineers 2b. A.W.W.A. American Water Works Association. All references to A.W.W.A. shall mean the current standards as revised or amended. 2c. I.C.C. Industrial Commission of Colorado 2d. U.S.A.S. United States of America Standards Institute. All references to U.S.A.S. Standards shall mean the current standards as revised or amended. 2e. A.S.T.M. American Society for Testing and Materials 2f. District Longs Peak Water District 2g. Engineer Professional Engineer designated by the District as their representative. 2h. Applicant Any person, company, corporation, or other entity which has made application for service by the District or their agent or contractor. 2i . Board of Board of Directors of Longs Peak Water District Directors 3. CONSTRUCTION DRAWINGS AND SPECIFICATIONS 3a. Three (3) sets of plans and specifications for water distribution system to be installed under these Standards and Specifications shall be furnished to the District; one (1) copy will be returned to the applicant when approved and will bear evidence of such approval by the signature of an agent of the District. ' -1- 3 '= X17 . t . .+ 3b. All construction drawings or specifications shall be prepared by or under the supervision of a Colorado Registered Professional Engineer and shall bear the date and signature of the party responsible for their preparation. 3c. Construction drawings shall consist of a master plan or layout of the entire project area which may be affected by construction, showing either spot ground elevations or contour lines sufficient to correctly show the existing surface topography together with plan drawings covering individual water lines. Profile drawings shall be submitted to indicate proper grade lines and locations of required air vents and blowoffs. Construction drawings should be standard 24" x 36" blue line drawings with horizontal and vertical scales not to exceed 1" = 100' . Plans should include the size and location of any existing facilities to which the proposed construction will connect, the description and location of any other existing utilities which might be affected by the proposed construction. A cross section bedding detail and detail drawings of all appurtenances must be included along with details of stream, ditch, railroad and highway crossings, borings, etc. 3d. Specifications covering the materials, their suitability for local conditions, including soil characteristics, topography, system loads, etc. and requirements of construction shall be submitted with the construction drawings when they are presented for District approval . In lieu of a separate specifications manual , materials and construc- tion requirements may be included on the plans dependent upon the extent and complexity of the proposed construction. 4. GENERAL DESIGN REQUIREMENTS 4a. Water main line design shall conform to the requirements of the State of Colorado "Design Criteria for Potable Water Systems", latest revi - sion, by the Colorado Department of Health, or as specified herein, whichever is more stringent. 4b. Design Flow 4.b.1 All water main lines, including those not designed to provide fire protection, shall be sized from a hydraulic analysis based on present and future flow demands and pressure require- ments. Final size determination shall be at the sole discre- tion of the District and shall not be open to arbitration or negotiation. 4.b.2 Design flow and line size for fire protection purposes must be reviewed and approved by the fire protection agency having jurisdiction. See Appendix 1. 4.b.3 Water main lines may not be smaller than 6" unless approved by the District. 4.b.4 8" main lines which are to be used for fire protection and are dead-ended, may not be longer than 300' but the District may require looping on lines shorter than 300' . .1 f n � -2 4.b.5 All main lines should be "looped" when possible to minimize dead-ends. 4.b.6 Where dead-ends occur they shall be provided with a fire hydrant if flow and pressure are sufficient, or with an approved flushing hydrant or blow-off for flushing purposes. No flushing device shall be directly connected to any sewer. All flushing devices shall be installed at the distall end of all dead-end lines. See Detail No. 13. 4c. Design Pressure 4.c.1 All main lines, service lines and appurtenances for the Longs Peak Water District must be designed to handle pressures in the system up to 150 psi . 4.c.2 The distribution system shall be designed to maintain a mini - mum of 45 psi at each service connection under normal operating conditions. 4.c.3 If normal operating pressure in the distribution system exceeds 45 psi , a pressure reducing valve shall be installed ahead of each service meter to regulate customer service pressure between 45 psi and 55 psi . 4.c.4 The need for main line pressure reducing valves within the distribution system shall be determined on a case by case basis by the District. 4.c.5 The distribution system shall be designed to maintain a mini- mum of 40 psi at ground level at all points in the system under all conditions of flow. 4d. Water Main Line Design 4.d.1 All materials designed for use in the Longs Peak Water District system shall conform to other sections of this docu- ment. Used materials will not be accepted. 4.d.2 No primary main line shall be smaller than 6". Special ser- vice lines smaller than 6" may be approved by the District on a case by case basis if they are not intended for fire protec- tion. 4.d.3 All distribution system main lines shall be located in ease- ments dedicated for use by the District. Lines proposed in public right-of-way shall be specifically approved by the District in writing. 4.d.4 When possible, main lines shall not be located under areas which have or may receive pavement, sidewalks, curb and gutter, ornamental or decorative landscaping, or any other obstruction which might hinder or cause undue expense for repair operations. v.1.3 . F c "' 4.d.5 All water line easements and rights of way must be accessible at all times to District personnel for operations and main- tenance purposes. 4.d.6 The minimum depth of cover for main and service lines shall be 4 1/2 feet measured from the top of the pipe to the surface or planned finished grade, whichever provides the greatest depth. 4.d.7 Whenever possible, water lines shall be located on the higher side of any street or roadway. 4.d.8 Water mains shall be located at least 10 feet horizontally from any existing or proposed storm or sanitary sewer when installed parallel . This shall be clear distance measured edge to edge. 4.d.9 When a water main line crosses a wastewater line, the water main line must be placed above the wastewater line with a clearance of at least 18" from the top of the wastewater line to the bottom of the water line. If this vertical separation cannot be obtained or the wastewater line is above the waterline, the following construction shall be used: 1. One full length of water pipe shall be centered at the point of crossing so the joints will be equidistant and as far as possible from the waste water line. 2. Also, the sewer shall be encased in 6" of concrete for a distance of 10' on each side of the crossing point. 4.d. 10 No water main line or pipe shall come into contact with any part of a wastewater line or wastewater manhole. 4.d. 11 There shall be no physical connection between the distribution system or service lines of the District to any other source of potable or unpotable public or private water supplies. 4.d. 12 There shall be no connection between the distribution system and any pipes, pumps, hydrants or tanks whereby unsafe water or any other contaminating materials may be discharged or drawn into the system, without the use of District and State of Colorado approved backflow prevention and/or vacuum breaker devices in locations as directed by the District. 4.d. 13 The need for blow-off or drain valves at low points and air vacuum release valves at highpoints will be reviewed on a case by case basis by the District. In no case will a dead end main line be accepted without a blow-off or hydrant for flushing out the distal end. 4.d. 14 Service lines shall be connected prior to pressure testing main lines. -4- i fi cb-i! n 4.d. 15 All hydrants, plugs, caps, tees, and bends deflecting 11 1/4 degrees or more shall be provided with tie rods or concrete thrust blocking against undisturbed ground in accordance with standard construction Detail No. 10 and other sections of this document. 4.d. 16 Surface water, railroad, highway or any other type of crossing which may require boring and casing or special construction experience must be reviewed with the District Board and/or their representative before final plans are prepared. 4.d.17 All bored and cased water lines shall be installed in accor- dance with standard construction Detail No. 15 and other sections of this document. 4e. Fire Protection 4.e.1 Fire protection requirements for water system design shall be provided by the agency or department having jurisdiction. A list of the fire Departments within the service area of the Longs Peak Water District is provided in the Appendix 1. 4.e.2 Fire hydrants must be fed by a minimum 6" supply line from two directions or an 8-inch supply line from one direction. 4.e.3 All fire hydrant installations must be on dedicated easements or public rights-of-way and are to be owned and maintained by the Longs Peak Water District. 4f. Fire Hydrants 4.f.1 All fire hydrants installed in the Longs Peak Water District shall conform to Section 11 of the technical specifi - cation, page 29. No others will be accepted without written approval of the District or their representative. 4.f.2 Hydrant spacing and location must be approved by the Fire Protection Agency having jurisdiction. 4.f.3 If no local codes exist, the following shall apply: 1. Fire hydrants shall be connected to looped water lines whenever possible. 2. No fire hydrant shall be installed on a water line less than 6" diameter. 3. Hydrants shall be located within 15' of the curb or designated roadway with no obstructions within 3' of the hydrant. -5- 4. Hydrants installed in a residential cul de sac with a dead end water distribution line shall be on an 8" minimum diameter water line. 5. Single family and duplex residential developments shall have fire hydrants spaced so that no structure shall be more than 300' from the hydrant as measured via the street or roadway. Hydrants shall not be more than 600' apart. 6. Multiple family (higher density than duplex) developments shall have fire hydrants spaced so that no structure shall be more than 200' from a hydrant as measured via the street or roadway. Hydrants shall not be more than 400' apart. 7. Commercial and industrial developments shall have fire hydrants spaced so that no structure shall be more than 150' from a hydrant as measured via the street or roadway. Hydrants shall not be more than 350' apart. 8. Fire Hydrants for commercial use installed on a dead-end line over 300' in length shall be installed on an over- sized water line as determined by an engineer ' s report. This report shall specify: 1. Distribution line size. 2. Residual water pressure at proposed hydrant location. 3. Available water flow (gpm) as proposed hydrant loca- tion. 4. Unless otherwise noted by the Fire Protection Agency having jurisdiction, fire hydrants installed on the Longs Peak Water District distribution system shall pro- vide the following minimum fire flow: Fire Flow Type of Development Gallonage/Minute Single Family (Rural ) 500 Single Family & Duplexes (Urban) 500 Multifamily 1,000 Commercial/Industrial 1,000 5. All fire hydrants shall be installed per standard construction Detail No. 1 and other sections of this document. -6- 1~ ' 5. INSPECTIONS 5a. The District and its representative will , at all times, have access to the work. The Applicant will provide the proper facilities for such access and observation of the work or for any examination or testing thereof. 5b. Should it be considered necessary or advisable by the District to re- examine any part of the work already fabricated, installed, or completed, the Applicant at the District' s request, will uncover, expose or otherwise make available for examination or testing that portion of the work in question, furnishing all necessary labor, materials and equipment. If it is found that such work does not meet the requirements of these Standards and Specifications, the Applicant will defray all the expenses of such examination and testing and of satisfactory reconstruction. If, however, such work is found to meet the requirements of these Standards and Specifications, the Applicant will be reimbursed by the District for expenses directly attributable to such uncovering, exposure, examination and testing, if he makes a claim therefore. 5c. The District' s representative/agent shall have the authority to halt construction when, in his opinion, these specifications or standard construction practices are not being followed. Whenever any portion of these specifications is violated, the District, by written notice, shall order further construction to cease until all deficiencies in prior work are corrected, at no cost to the District. 5d. The following inspections must be performed by a District representative/agent prior to backfill : I. Tie-ins to main lines. 2. All thrust blocks. 3. Valve installations. 4. Tee' s, crosses and wyes. 5. Hydrants, blowoffs or air-vents. 5e. Inspections of bedding procedures will be performed by a District representative/agent as needed. 5f. Before final acceptance of any water main line, the following inspec- tions and tests must be made by a District representative/agent or the District engineer: I. Pressure and leakage tests. 2. Disinfection and bacteriological tests. 3. Operation check of all valves, hydrants and service connections. 4. Cover accessibility and alignment of all valve and/or curb stop boxes. 41;2 5. Final grade and condition of all disturbed ground. -7- 5g. The District shall be given 24 hours prior notice when a required inspection is needed. These inspections shall be done in the tradi - tional Monday through Friday work week. 6. EXPLORATORY EXCAVATION 6a. The District shall have the right to request that any underground utilities that may interfere with the construction contemplated on plans which they review be exposed to verify that the water lines can be constructed as shown on the plans before such plans are approved. 7. PERMITS AND NOTIFICATION 7a. No work shall commence until the Applicant has received written notice to proceed signed by the District Board of Directors or their agent. 7b. The Applicant shall secure and pay for all construction permits and licenses and will pay all governmental and public utility charges and inspection fees necessary for the prosecution of the work. The Applicant shall give all notices and comply with all laws, ordi- nances, rules and regulations applicable to the work. If the Applicant observes that the specifications or drawings are at variance therewith, he shall give the District prompt written notice thereof. If the Applicant performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the District, he shall bear all costs arising therefrom. The Applicant shall pay all sales, consumer, use and other similar taxes required by the law of the place where the work is performed. 7c. All existing utilities are to be field located prior to the start of construction. 7d. The District and all other affected utilities or agencies shall be notified at least 48 hours (exclusive of holidays and weekends) prior to the start of any construction and before starting up when construction has been interrupted for any reason. 7e. The District shall be notified 96 hours prior to testing, inspections and connections which require a planned disruption of existing ser- vice. 8. PATENT FEES AND ROYALTIES 8a. The Applicant shall pay all license fees and royalties and assume all costs incidental to the use of any invention, design, process or device which is subject to patent rights or copyrights held by others. He will indemnify and hold harmless the District and anyone directly or indirectly employed by them from and against all claims, damages, losses and expenses (including attorneys ' fees) arising out of any infringement of such rights during or after completion of the work and shall defend all such claims in connection with any alleged infringement of such rights. -8- 01 . 9. CONNECTION TO EXISTING MAINS 9a. At locations where connections to existing water mains are to be installed, the Applicant shall locate the existing mains both ver- tically and horizontally and shall verify their exact size in advance of the time scheduled for making the connections. 9b. The Applicant shall notify and schedule the connection with the District. Any customer who may be affected by the shutting off of water shall be given 24-hour notice by the District as to when and for how long service will be interrupted. All existing valves shall be operated only by District employees. In case of emergency interruptions, the Applicant shall inform all affected water users of the cause and estimated time for repairs as soon as possible. 9c. Prior to connecting to existing water mains, the Applicant shall have all men, materials and equipment ready to connect the fitting to the existing main, so as to keep the shutoff time to a minimum. As soon as possible after making the connections, the Applicant shall flush the connection so as to prevent any contamination of the existing facilities. The Applicant shall take every precaution necessary to prevent dirt or debris from entering the main. 9d. The physical connection to the existing water system shall not be made until the water line has been satisfactorily completed. If improper construction methods or materials are used, the District may require the water line valved off until satisfactory corrections are made. 10. ACCEPTANCE PROCEDURE 10a. Once the water line has been installed in accordance with the District Specifications, the District will accept the water line improvements. The formal letter of acceptance establishes the com- mencement date for the one year warranty period required by the District on the line. Any maintenance performed on the water line during the warranty period will either be accomplished by the Applicant (or their contractor) or will be accomplished by District personnel at the Applicant' s expense. It is important to note that the one year' s warranty period does not commence until the District has accepted the line in writing. 10b. The District shall receive from the Applicant a Bill of Sale for all facilities accepted by the District at the time of final acceptance. 11. MAINTENANCE OF SYSTEM lla. The Applicant shall , for a period of one year after the completion and final acceptance of work, repair at his expense any and all failures. During the first thirty (30) days of this period, the Applicant shall clean the project site and leave it in good condition as approved by the District. In the event that the Applicant shall fail to make such repairs and adjustments or other similar work, the District may do so and charge the Applicant the cost of same. 4 a -9- _._ s 12. PLACING IN SERVICE 12a. New mains shall be placed in service upon completion only by the District. 13. AS-BUILT DRAWINGS 13a. One (1) clean, dry, legible set of drawings shall be maintained at the job site as work progresses, with work completed and any changes shown in red. These "marked-up" plans shall be updated on a regular basis and made available to the District representative/agent during on-site visits. 13b. One (1) complete, reproducible, accurate set of as-constructed drawings shall be submitted for the permanent records of the District after completion of construction and prior to final acceptance. These drawings are to be prepared by or under the supervision of a Colorado Registered Professional Engineer and each copy is to contain an original signature of the responsible engineer. Minimum information to be on these drawings is: 1. Orientation of North. 2. Names and widths of all public and private roadways. 3. Block, lot and house numbers, road numbers or section, township and range. 4. Location and widths of all utility easements. 5. Location, size and types of all water lines. (proposed or existing) 6. Distances from water lines to property lines. 7. Distances between lines and other utilities. 8. Distance from main to curb stop and box. All curb stops must be referenced to permanent points or lot corners. 9. Size and location of all taps. 10. Types of all sleeves, saddles and couplings. 11. Location of horizontal and vertical bends. 12. Service will not be started until these as-built drawings are pre- sented to the District. 14. INSURANCE 14a. Applicant' s Liability Insurance The Applicant shall maintain such insurance as will protect him from claims under Workmen' s Compensation laws, disability benefit laws or A J other employee benefit laws; from claims for damages because of cm..,1 N _in_ injury, sickness, disease or death of any person and from claims for damage to property, including loss of use thereof - any or all of which may arise out of or result from the Applicant' s operations under the Contract with the District, whether such operations may be by himself or by any subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be legally liable. The Applicant shall be responsible for notifying the District if the Workman ' s Compensation Insurance is cancelled or for any reason is not in force. Limits of coverage, other than Workman' s Compensation, shall be as required by law, with the minimum being as follows : Public liability insurance shall be in an amount of not less than $300,000 for injuries, including accidental death, to any one person and subject to the same limitations for each person, in an amount of not less than $1,000,000 on account of one accident. Automobile insurance with the same limits as above. Property damage insurance shall be in amounts of $500,000/$1,000,000. the Applicant shall hold the District harmless for any and all claims made against this insurance or by any party. The Applicant shall make the District a named insured on these poli- cies. 15. LIENS The District shall receive with a Bill of Sale, lien waivers or evidence deemed sufficient by the District that there are no claims against any materials or labor used in any facilities to be transferred to the District. 16. STATE AND LOCAL LAWS It shall be the responsibility of the Applicant to acquaint himself with all State and Local laws governing the work to be completed and to conduct his obligation under the Contract with the District in compliance with said laws. 17. The Applicant shall be responsible for conducting the work to meet all OSHA requirements. If these requirements conflict with these specifications the Applicant shall notify the District. 18. RESPONSIBILITY The Applicant shall be responsible to the District for action of any Contractor or Subcontractor connected with the work on the project. -11- g l 9 II. TECHNICAL SPECIFICATIONS 1. SCOPE The following technical specifications are intended to indicate materials and installation procedures which are acceptable to the District. These do not include each and every material or installation which may be required. The District may add additional requirements at it ' s discretion if not covered in those specifications. la. Polyvinyl Chloride Pipe (PVC) All pipe shall meet the requirements of AWWA C-900 Polyvinyl Chloride Pipe and shall be Class 150-DR18. lb. The pipe shall be installed in accordance with AWWA Standard Specification C-603 and according to the manufacturer' s recommen- dations for installation of polyvinyl chloride pipe. The pipe shall be installed in accordance with Detail Nos. 5 and 11 as shown in the details at the end of these specifications. lc. All lines shall be installed with a 12 gauge single strand OF-UL tracer wire with test points not greater than every 1,500 feet. The tracer wire shall be laid directly above the waterline along its length. Test stations shall be installed as shown on the plans. Where fences are available, the test station shall be installed along the side of the fence. The test stations shall face roads. Wire to the test station shall be at least 18 inches deep. All splices and connections shall be made with waterproof connectors approved by the District. Upon completion of the installation, the tracer wire shall be tested by District personnel . A test will pass if the wire can be traced from a test station to the adjacent station(s). Should a section fail , the break shall be found and repaired. 2. DUCTILE IRON PIPE The ductile iron pipe shall consist of a heavy ductile iron cylinder, shop lined with an 3/32-inch thick lining of certrifugally applied Portland cement-mortar and coated with a 1 mil thick bituminous coating for buried pipelines. The pipe shall be designed, manufactured, tested, inspected and marked in accordance with the provisions of this Specification and except as herein modified shall conform to A.W.W.A. Standard C-151 entitled "American Standard for Ductile-Iron Pipe, Centrifugally Cast in Metal Molds or Sand-Lined Molds for Water or Other Liquids". 2a. Dimensions Nominal pipe lengths shall be 18 feet or 20 feet, with shorter lengths provided as required by drawings, alignment and profile. -12- c,off , r ..^ .,„ Permissible variations in length, diameter, weight, wall thickness and straightness shall comply with the allowable tolerances specified in the applicable A.W.W.A. Standards. The minimum finished inside diameter of the pipe, after lining is placed, shall be as set forth in the applicable A.W.W.A. Standards. 2b. Ductile Iron Thickness Class The minimum wall thickness for ductile iron pipe shall be Thickness Class 50, as specified on the drawings, with thickness designed in accordance with ANSI A21.50-1976 (AWWA C150-81) and manufactured in accordance with ANSI A21.51-1976 (AWWA C151-76) or most recent stan- dard. 2c. Physicals Iron used in the manufacture of pipe furnished under this Specification shall have 60/42/10 physicals. 2d. Joint Design and Fabrication The standard joints shall be push-on rubber gasket joints conforming with A.W.W.A. Standard C-111. The joint shall be a single rubber gasket joint designed to be assembled by the positioning of a con- tinuous, molded rubber ring gasket in an annular recess in the pipe or fitting socket and the forcing of the plain end of the entering pipe into the socket, thereby compressing the gasket radially to the pipe to form a positive seal . The same manufacturer shall furnish all joint materials including rubber gasket and joint lubricant. 2e. Cement-Mortar Lining Interior surfaces of all pipe, shall be lined in the shop with cement-mortar in accordance with A.W.W.A. Standard C-104. The cement shall meet the requirements of "Standard Specifications for Type II Portland Cement", ASTM Designation C-150. The sand shall conform to that prescribed in A.W.W.A. C-104. The cement mortar shall contain not less than one part of cement to two parts of dry sand. 2f. Exterior Coating The outside coating shall be a bituminous coating of either coal -tar or asphalt base approximately 1 mil thick in accor- dance with ANSI A21.51-1976 (A.W.W.A. C151-76). The finished coating shall be continuous, smooth, neither brittle when cold nor sticky when exposed to the sun and shall be strongly adherent to the pipe. 29. Installation of Ductile Iron Pipe 2.9.1 Handling Ductile iron pipe and fittings shall be handled at all times by lifting with padded cradles of canvas, leather or other 4 8 -13- R suitable material so as to avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe shall be so handled that the coating and lining will not be damaged. If, however, any part of the coating or lining is damaged, the repair shall be made by the Applicant at his expense in a manner satisfactory to the District. Stockpiled ductile iron pipe shall be supported on wood dun- nage, sawdust or sand bags placed under the pipe. Bags shall be of sufficient size to prevent contact of the pipe coating with the ground or any obstruction. Adequate strutting shall be provided if necessary to prevent damage to pipe lining and coating. Before the pipe is installed, the subgrade shall be made by backfilling with clean uniformly graded sand or approved on- site material so as to provide a uniform and continuous bearing and support for the pipe at every point between bell holes, except that it will be permissible to disturb or other- wise damage the subgrade surface over a maximum length of 18-inches near the middle of each length of pipe by the withdrawal of pipe slings or other lifting tackle. 2.g.2 Jointing Ductile Iron Pipe (a) Push-On Joint: Immediately before joining two lengths of ductile iron pipe, the inside of the bell and the outside of the spigot end shall be thoroughly cleaned to remove oil , grit, excess coating and other foreign matter. The rubber gasket shall be flexed inward and inserted in the gasket recess of the bell socket. A thin film of gasket lubricant shall be applied to either the inside surface of the gasket or the spigot end of the pipe or both. The spigot end of the pipe shall be entered into the socket with care used to keep the joint from contacting the ground. The joint shall then be completed by forcing the plain end to the full depth of the socket in a manner approved by the District. Pipe that is not furnished with a depth mark shall be marked before assembly to assure that the spigot end is inserted to the full depth of the joint. Field cut pipe lengths shall be filed or ground to resemble the spigot end of such pipe as manufactured. Whenever it becomes necessary to deflect the pipe to change grade or alignment, the maximum allowable deflection shall 70% of that recommended by the pipe manufacturer. 2.9.3 Protecting Ductile Iron Pipe Ductile iron pipe shall be installed with polyethylene tubing. -14- din to ic .=_ 2.9.4 Field Pipe Coating for Buried Piping (a) General : All pipe, fittings, valves and rodding, shall be wrapped with 8 mil polyethylene, either tubing of appropriate size or polyethylene sheet material . A 2-inch wide, ten-mil thickness polyethylene pressure-sensitive tape shall be used to close seams or hold overlaps. Damage to polyethylene wrapped pipe in the trench prior to and during backfill shall be repaired by the Applicant to the satisfaction of the District. In all cases the polyethylene shall be so applied as to pre- vent the contact of backfill material with the pipe. Excess polyethylene material shall be neatly folded and taped in place so as to eliminate large voids or pockets under the material . (b) Line Pipe: Polyethylene pipe wrap material shall be applied to line pipe in the following manner: A precut length of tubing approximately 20 feet long shall be used per 18 foot length of pipe. Before lowering into the trench, tubing shall be slid over the bell end of the pipe, and bunched behind the bell . In the trench, the bell end of the pipe shall be raised clear of the trench bottom, and the tubing stretched out along the length of pipe. The surplus shall be bunched behind each end of the length of pipe. After each joint is made, tubing shall be pulled over the bell end of the pipe, folded around the adjacent spigot end, and wrapped circumferentially with pressure-sensitive tape. Tubing on adjacent pipe barrel shall be pulled over the polyethylene already covering the joint, folded behind the bell and wrapped circumferentially with pressure-sensitive tape. Excess polyethylene material shall be drawn up around the pipe barrel , folded neatly into an overlap on top of the pipe and held in place by pressure-sensitive tape at three to five foot intervals. Twenty-four inch flat width tubing shall be used for all 6-inch and 8-inch pipe. Twenty-seven inch flat width tubing shall be used for all 10-inch pipe. 2.9.5 Cutting and Fitting_ The Contractor shall make all pipe cuts required to conform to location, line and grade. All cuts on ductile iron pipe shall be made by the use of pipe cutters or pipe saws. All cuts shall be straight and true. 50 -15- � n ; 3. CAST IRON FITTINGS All cast iron fittings shall be manufactured in accordance with the following A.W.W.A. Standards: C 104, "Cement-Mortar Lining for Cast-Iron and Ductile-Iron Pipe and Fittings for Water, " C 110, "Gray-Iron and Ductile-Iron Fittings, 3-Inch Through 48-Inch for Water and Other Liquids, " C 111, "Rubber-Gasket Joints for Cast-Iron and Ductile-Iron Pressure Pipe and Fittings, C115", "Flanged Cast-Iron and Ductile-Iron Pipe with Threaded Flanges", with the following additional requirements or exceptions. 3a. Thickness Class All fittings shall be of the 125 psi pressure rating and shall con- form to the dimensions and weights shown in the tables of referenced specifications. 3b. Material All fittings shall be made of ductile iron. 4. VALVES 4a. Butterfly Valves Except as modified or supplemented herein, all butterfly valves supplied under this Specification shall be designed and manufactured in strict compliance with A.W.W.A. Standard Specification, Designation C504 - latest revision. 4.a.1 Service All valves shall be suitable for throttling service and/or frequent operations as well as service involving long periods of inactivity. The valves shall be used on water at a tem- perature of 32°F to 70°F. 4.a.2 Installation All valves shall be for buried service in horizontal water- lines with valve shaft and operating nut shaft vertical . Body of valves and operators shall be buried and shall be for sub- merged service. 4.a.3 Shut Off Pressure The maximum static differential pressure across the valve will be 150 psi . At this rated pressure the valve will be bubble tight for flows in either direction. 4.a.4 Class of Valves All valves shall be Class 1508. -16- i 4.a.5 Valve Bodies Valve body material shall conform to that shown in the referenced Specification. Valves shall be of short body pat- tern with laying lengths as shown in Tables of the referenced specification. 4.a.6 Bolting Material Bolt and hex nuts used on the valve and operator shall be the manufacturer' s standard, either fabricated from a low-alloy steel for corrosion resistance or electro-plated with zinc or cadmium. 4.a.7 Type of Valve End 1. Mechanical Joint All components of this type of joint shall conform to the ANSI of a 21.11 (A.W.W.A. Standard C111, "Rubber-Gasket Joints for Cast-Iron and Ductile-Iron Pressure Pipe and Fittings") . The bolts and hexagon nuts shall be fabri- cated from a high-strength, low alloy steel known in the industry as "Cor-Ten", "Usalloy", or equal . 2. Flanged End Flanges shall be drilled in accordance with A.N.S.I.-616.1 Class 125 Cast-Iron Flange Specifications; flanges shall be machined to a flat face with a finish of 250 micro- inches A.A.R.H. maximum or machined to a flat surface with a serrated finish in accordance with A.W.W.A. Standard C207, Section 6 for Steel Pipe Flanges. All thread studs shall be used on all valve flange connec- tions and shall be in accordance with A.S.T.M. Standard Designation A-307, Grade B, with heavy hex nuts. 3. Wafer Wafer valves shall be resilient seated butterfly valves suitable for installation between 125 lb. or 250 lb. ANSI flanges. Resilient seat shall be a molded-in o-ring of Buna-N. Valve laying length shall be as per referenced specifications. 4.a.8 Valve Operator Valves shall be furnished with manual operators designed and sized to develop output torques for Class 1508 operating ser- vice and shall be sufficient to seat, unseat and rigidly hold the disc in any intermediate position for the above con ditions. In addition, the operator shall be designed for buried service and to operate indefinitely in a fully buried condition. 72� ,� -17- "^ 4 Operator shall be equipped with a standard A.W.W A. 2" square operating nut. Valve shall open with a counterclockwise rotation of the nut (open left) . The operator shall be capable of withstanding an overload input torque of 300 ft.-lbs. at fully-open or fully-closed position without damage to the valve or valve operator. All gearing shall be totally enclosed and sealed from ground- water. The operator shall be designed to resist submergence in water to 25 feet head pressure. 4.a.9 Position Indicator A ground level position indicator shall be installed with each buried valve and operator assembly. The indicator shall show the position of the valve, direction and number of revolutions to fully close or open the valve. The position indicator with any necessary adapters shall fit in a standard valve box and shall operate in conjunction with the extension shaft. The extension shaft shall fit directly over the 2" operating nut and extend its position to the desired elevation. The posi- tion indicator shall be totally enclosed as to prevent the entry of moisture or dust. 4.a.10 Installation of Butterfly Valves General All valves shall be handled in such a manner as to prevent any injury or damage. All joints shall be thoroughly cleaned before installation. Valves shall be located as shown on the Drawings. Any deviations from this shall be at the discretion of the District. Valves shall be set and joined to pipe in the manner pre- viously specified for cleaning, laying and joining the appropriate joints as provided with the valves. Valves shall be set in such a manner that the valve stem or operating nut is plumb. Operator Extension An extended operator stem shall be provided for buried valves with position indicators. Such extension shall be capable of sustaining all input torques normally subjected to the valve operator nut. Installation of Flanged Joints Before the joint is assembled, the flange faces shall be thoroughly cleaned of all foreign materials. The gasket shall be centered and the connecting flanges drawn up watertight without unnecessarily stressing the flanges. All bolts shall ,s -18 be tigf ned in a progressive diametric y opposite sequence using t rque wrenches at setting recommended by the valve manufacturer. Gaskets shall be 1/8" full face rubber gaskets. Where steel flanges are connected to ductile iron flanges, an insulating gasket shall be provided. Insulating Joints Insulating joints shall be made by the Applicant as indicated on the Drawings. The Applicant shall exercise special care when installing these joints to prevent electrical conduc- tivity across the joint. 4b. Resilient Seated Gate Valves Gate valves shall be of the resilient seated wedge type, epoxy coated to AWWA C550, cast iron body design. They shall comply with the American Water Works Association Gate Valve Standard C-509 as latest revised. 4.b.1 Rating Valves shall be rated for zero leakage at 150 psi water working pressure and have a 400 psi hydrostatic test for structural soundness for 4" through 12". All testing shall be conducted in accordance with AWWA C-509. 4.b.2 End Configurations Gate valves shall be furnished with type of end connection specified as follows: 125# ANSI flange drilling, mechanical joint per AWWA C-111 with (without) accessories, push-on ends suitable for stab joints with ductile or cast iron and C900 plastic pipe, asbestos cement ends, PVC, or combinations thereof. 4.b.3 Materials All cast iron shall conform to ASTM-A-126 Class B. Castings shall be clean and sound without defects that will impair their service. No plugging or welding of such defects will be allowed. Stems shall be manganese bronze having a minimum tensile strength of 60,000 psi , a minimum yield of 20,000 psi . Bolts shall be electro-zinc plated steel with hex heads and hex nuts in accordance with ASTM A-307. 4.b.4 Design Resilient Seated Gate Valves shall be of the non-rising stem type. Valve stems shall be threaded so that valves shall open by turning to the left (counter clockwise). Each valve shall be furnished with a 2-inch square wrench nut. The wrench nut shall comply with Section 19 of the AWWA C509 standard with an arrow showing direction of opening and the word "OPEN" cast on the nut. Diameter of stem and number of turns to open valve shall conform to Table No. 3 of referenced specifications. -19- The internal and external iron surfaces of the valve body and bonnet shall be coated with epoxy to AWWA C550 Standards. Gates for all valve sizes shall be encapsulated in rubber where exposed to line velocity, be field replaceable and pro- vide a dual seal on the mating body seat. Valve shall be capable of installation in any position with rated sealing in both directions. Rubber seats of specially compounded SBR material shall be utilized and be capable of sealing even under conditions of normal wear. The valve body shall have integral guides engaging integral lugs in the gate in a tongue and groove manner, supporting the gate throughout the entire open/close travel . 4.b.5 Coating The inside and outside of all valves shall be coated, minimum 3-5 mils, with epoxy meeting AWWA C550 latest revision. The gate shall be totally encapsulated in rubber where exposed to line velocity, and protected from corrosion where not encap- sulated. 4c. Resilient Seat Tapping Valves Tapping valves shall be of the resiliant seated type, epoxy coated to AWWA C550, cast iron body design. They shall comply with the American Works Association Gate Valve Standard C-509 as latest revised. These valves shall conform to all resiliant seat gate valve standards. 4d. Pressure Reducing Valves The function of this valve is to reduce an existing high pressure to a preadjusted lower downstream pressure for varying rates of flow without causing shock or water hammer on the system. 4.d.1 Valve Description The pressure reducing valve shall be hydraulically operated with a free floating guided piston having a seat diameter equal to the size of the valve. The valve shall be fully bronze-mounted and all packing shall have either leather or rubber seals to provide tight closure and prevent metal to metal friction. An indicator rod shall be furnished as an integral part of the valve to show the position of the piston within the valve body. The valve shall be designed to provide an access opening in the valve body for removing the piston and other internal parts without removing the main valve body from the line. The valve shall be Ross (Figure No. 1) Model 40WR 90-01 pressure reducing valve or approved equal . 4.d.2 Material Cast iron for valve body, flanges and covers shall conform to A.S.T.M. Standard Designation A-126, Class B. Bronze castings or parts for internal trim shall conform to A.S.T.M. Standard Designation B-62. ‘Y.,) -20- e, 4.d.3 Valve Ends All valves shall be furnished with flanged ends sized and drilled in accordance with A.N.S. I.-6-16.1, Class 125, Specifications. Flanges shall be machined to a flat face with a finish of 250 micro-inches, A.A.R.H. maximum, or machined to a flat surface with a serrated finish in accordance with A.W.W.A. Standard C207. 4.d.4 Pilot Valve The pilot valve for controlling operation of the main valve shall be a single seated, diaphragm operated and spring loaded type. The pilot valve shall be attached to the main valve with piping and isolation valves so arranged for easy access in making adjustments and also for its removal from the main valve while the main valve is under pressure. 4.d.5 Needle Valve The needle valve shall be all bronze and included with the main valve to control the speed of piston travel . 4.d.6 Operating Pressure The operating pressure shall be as determined by the District. 4.d.7 Testing The body of the pressure reducing valve shall be given a hydrostatic test of 50% more than the operating pressure spe- cified by the District. A second test to check seating of the cylinder shall be made at the operating pressure. 4e. Pressure Relief Valves The valves in this section shall be for pressure relief valves or blow-off valves and shall be installed at the locations as shown on the plans in a manner as shown on the plan details. These valves shall be sized and have a pressure rating as shown on the plans or in the valve schedule. These valves shall be Ross Valve Manufacturing Company Model 50RWR, Figure No. 37. These valves shall be flanged, angle body, fully bronze mounted external pilot operated with a free floating piston, single seat with seat bore equal to the size of valve. 4f. Combination Air and Vacuum All combination air and vacuum release valves shall be shop assembled and shipped as a complete unit ready for field installation. The large orifice of combination air valve shall allow air to escape during pipeline filling and enter during drainage of the pipeline. It shall close water tight when liquid enters the valve. The small 5�* -21- el; ., 4..'.*...0... .i".. orifice shall release small pockets of air after the pipeline is filled and under pressure. The combination air valve shall be APCO single body or approved equal . 4.f.1. Valve Body and Cover The combination air valve shall be the single body type. The valve body and cover shall be designed to operate under a maximum working pressure of 150 psi . Material shall be one of the following: A. Cast Iron - A.S.T.M. A48-Class 35 B. Cast Steel - A.S.T.M. A27 GR U60-30 C. Ductile Iron - A.S.T.M. A536 GR 65-45-12 Bosses for tapping pipe threads shall be cast integrally with each valve body and cover. 4.f.2 Internal Parts -- Float shall be stainless steel . Lever frame shall be Delrin or approved equal . All other internal parts shall be fabri- cated from bronze. 4.f.3 Valve Seat Valve seat shall be fabricated from oil resistant synthetic rubber equal to Buna-N or Nitrile. 4.f.4 Guard Valve and Connecting Pipe Guard valve to be used with air valve shall be a gate valve with flanged or threaded ends, as specified in Section 46. 49. Valve Boxes The manufacturer of Valve Box components shall be experienced in their design and construction, shall be regularly engaged in their manufacture and shall have produced valve boxes which have given suc- cessful service for a period of at least five (5) years. 4.9. 1 Material Valve box parts shall be made of gray cast iron. 4.9.2 Approved Patterns Valve boxes shall be two piece, adjustable screw type. The following patterns are acceptable. a. Mueller screw-type 5#" H-10357 b. Tyler screw type 6" cast iron valve box assembly series 6860 3 t c. Clay and Bailey screw-type 6" cast iron valve box assembly No. P-108 - d. The word "WATER" shall be embossed with large letters across the lid. 4h. Swing Check Valves Valves in this specification shall be iron body, bronze mounted, swing check valves with outside weight and lever. These valves shall be equal to the list 114 Swing Check Valves and manufactured by Clow or approved equal . These valves shall be sized by the District and shall meet a pressure rating of 150 psi . 5. FLEXIBILE COUPLINGS Flexible couplings shall be Dresser Couplings as manufactured by Dresser Manufacturing Division, Bradford, Pennsylvania, or approved equal and shall be Style 38. Where required, due to pressure, they shall be provided with an approved joint harness to keep the joint from separating. Listed below are the minimum size rings to be used for the various sizes of Dresser couplings: A. Steel Pipe Nominal Size Middle Ring 4" 3/16" x 4" 6" 1/4" x 4" 8" 1/4" x 5" 10" 1/4" x 5" 12" 1/4" x 5" 14" 1/4" x 7" 16" 1/4" x 7" 18" 1/4" x 7" 20" 1/4" x 7" 24" 1/4" x 7" 30" 1/4" x 7" 36" 3/8" x 7" B. Cast/Ductile Iron Pipe or PVC Nominal Size Middle Ring 4" 5/16" x 5" 6" 5/16" x 5" 8" 5/16" x 5" 10" 3/8" x 7" 12" 3/8" x 7" 14" 3/8" x 7" 16" 3/8" x 7" 18" 3/8" x 7" 20" 3/8" x 7" 24" 3/8" x 7" 30" 1/2" x 10" 36" 1/2" x 10" -23- O'1 .a Insulating couplings shall be installed when coupling pipes of dissimilar materials. 6. CORROSION PROTECTION Ductile iron pipe shall be installed with polyethylene tubing. Welded or push joint steel pipe shall be installed with bonded joints and magnesium anodes for cathodic protection. 6a. Insulating Joints Whenever it is necessary to join pipe of dissimilar metal , a method of insulating against the passage of electrical current shall be pro- vided and shall be approved by the District. Special care shall be exercised during the installation of these joints to prevent electri- cal conductivity across the joint. After the insulating joint installation is completed, the District may perform a resistance test. Should the resistance be less than 10,000 ohms, the insulated joint shall be removed, inspected and any necessary repairs shall be made. The joint shall then be reinstalled and tested. This process shall continue until the joint is successfully tested. 6b. Polyethylene Encasement Material 6.b.1 General All polyethylene encasement material shall be manufactured in accordance with A.W.W.A. Standard C 105, "Polyethylene Encasement for Gray and Ductile-Iron Piping for Water and Other Liquids" with the following additional requirements or exceptions. 6.b.2 Material The raw material used to manufacture polyethylene film shall be Type I, Class A, Grade E-1 in accordance with A.S.T.M. -- Standard Designation D-1248. 6.b.3 Physicals The polyethylene film shall meet the following test require- ments: Tensile Strength 1200 psi minimum Elongation 300% minimum Dielectric Strength 800 V/mil thickness minimum Thickness 0.008" (8 mils) minimum nominal with minus tolerance not exceeding 10% of nominal Melt Index 0.4 maximum .) -24- . 7. TAPPING SLEEVES Tapping sleeves shall be type SST or approved equal . All sleeves shall be epoxy coated stainless steel . Stainless steel bolts shall be used. 7a. Installation The tapping sleeve shall be installed on clean pipe and all nuts tightened to at least 75 ft/lbs. 7b. Testing Once the tapping sleeve and tapping valve are installed and before the tap is made, they shall be field pressure tested to 150 psi to insure a water tight tap. 8. THRUST BLOCKS Thrust blocks shall be constructed at all bends and fittings which result in unbalanced line thrust. Care shall be taken not to block outlets or to cover bolts, nuts, clamps or other fittings or to make them inaccessible. A bond breaker shall be placed between the pipe and the thrust block to aid in ease of future removal . For the same reason if a large thrust block is to be poured, it shall be separated by a suitable material into sections. This Document shows sizes and shapes of thrust blocks. The bearing surface areas are the minimum areas to bear against the undisturbed trench wall . If, in the opinion of the District, the soil bearing capacity is not suf- ficient to provide adequate restraint based on the minimum bearing areas shown, then the minimum bearing area shall be increased to the size that will ensure adequate restraint. In every instance, the thrust block shall bear against undisturbed earth. When it is impossible, through over exca- vation or other causes, to pour a thrust block against undisturbed earth, harness rods shall be required to anchor the fittings to the main. Before placing concrete, all equipment for mixing and transporting the concrete shall be clean. All debris, water or ice shall be removed from the place to be occupied by the concrete. Concrete shall not be placed in frozen subgrade. Concrete shall be placed only in the presence of the District unless inspection has been waived prior to the placement. 8a. Minimum Curing Time Newly placed concrete shall be allowed to set, undisturbed for a minimum curing time of 24 hours. 8b. Compaction of Fill Over the Thrust Block Backfill may be placed over the thrust block once the surface has set sufficiently to resist the weight of the backfill . However, no tamping or compacting shall be allowed above the thrust block for a minimum of 24 hours after placement. 8c. Bondbreaker A bond breaker shall be placed between all fittings and poured concrete thrust blocks, t3 L; -25- a:v l.. . _ : . 8d. Concrete Strength All concrete used for thrust blocks shall have a minimum 28 day strength of 3,000 lbs. 9. HARNESS RODS Harness rods shall be used at all bends and fittings where thrust blocks cannot be used due to existing field conditions or where harness rods are specifically required by the Drawings. Harness rods shall be required to anchor all vertical bends, horizontal and vertical offsets, reducers, 90° horizontal bends and connections where tees are used. Horizontal and vertical offsets and reducers shall be rodded across the joint on each side of the fitting. All other fittings shall be rodded in accordance with the Drawings. 10. INSTALLATION AND BACKFILL 10a. Trench Excavation All existing asphalt or concrete surfacing shall be cut vertically and in a straight line. Surface cuts shall be made and the material removed from the jobsite prior to starting the trench excavation. This material shall not be used in any fill or backfill material unless approved in writing by the District. 10b. Subgrade Stabilization The trench shall be over excavated, if deemed necessary by the District, in order to place stabilization material as necessary to establish a suitable Subgrade acceptable to the District. Material shall be as specified in other sections of these specifications. 1Oc. Structure Excavation Except as otherwise dictated by construction conditions, the excava- tion shall be of such dimensions as to allow for the proper installa- tion and removal of concrete forms and to permit the construction of the necessary pipe connections. Care shall be taken to insure that the excavation does not extend below established grades. If the -26- t) eTh 4 1' n „s excavation is made below such lines without written authorization from the District, the Applicant shall fill in the resulting excess excavation with imported material deposited in horizontal layers not more than six (6) inches in thickness after being compacted and shall be moistened as required to have the optimum moisture required for compaction. After each layer has been conditioned to have the optimum moisture content, it shall be compacted by mechanical tam- pers or other approved methods as directed by the District. The Applicant may elect to fill in the over excavated area with concrete, provided it is approved by the District. 10d. Foundation and Bedding 10.d.1 Dewatering The Applicant shall provide and maintain at all times during construction ample means and devices with which to promptly remove and properly dispose of all water from any source what- soever, entering the trench or structure excavation or other parts of the work. All pipe trenches or structure excavation shall be kept free from water during excavation, construction, pipe laying and jointing. The method of dewatering shall maintain a free water surface below the bedding material . Dewatering shall be accomplished by the use of well points, sump pumps, rock and gravel drains placed below surface foun- dations or subsurface pipe drains. The Applicant shall dispose of the water in a suitable manner without damage to adjacent property or without being a menace to public health or without causing a public inconvenience or nuisance. The water shall not be drained into work completed or under construction. The dewatering operation shall continue until such time that it is safe to allow the water table to rise in the excavation. Pipe trenches shall contain enough backfill to prevent pipe flotation. 10.d.2 Special Foundation If the bottom of the excavation is soft or unstable after dewatering, and in the opinion of the District cannot satis- factorily support the pipe or appurtenant structure, a further depth and/or width shall be excavated, compacted and refilled to twelve (12) inches below foundation grade with compacted earth material acceptable to the District or specified in other sections of these specifications. The Applicant shall also furnish and install any additional depth and/or width as may be required by the District over and above the twelve (12) inches in order to stablilize the foundation. No excavation and refill shall be undertaken by the Applicant without the prior written authorization of the District, which authorization shall specifically state the distance (by sta- 60 tion) over which excavation and refill must take place. -27- .. a .`R'. . 10e. Backfill and Compaction 10.e.1 General Backfill for excavation shall be according to the embankment earthwork specifications found elsewhere in this Document and as shown on the Drawings. Wet, soft, frozen material , asphalt chunks, trash, tree limbs and/or other deleterious substances shall not be allowed to be present in the backfill material . If the excavated material is not suitable for backfill material as determined by the District, suitable material shall be hauled in and the rejected material hauled away and disposed of. Backfilling shall be conducted at all times in a manner to prevent damage to the pipe or any structure. No rocks or sto- nes shall be placed closer to the pipe than six (6) inches. No heavy equipment of any nature shall be permitted to cross the pipe line before the backfilling has been completed in accordance with these Specifications. Tamping equipment shall be subject to the approval of the District, and no large rollers or tractor drawn equipment shall be used without prior approval of the District. 10.e.2 Special Pipe Backfill The trench shall be backfilled to the limits as shown on the Drawings. All backfill material shall be compacted by vibrating, tamping, or any combination thereof, to ninety- five (95) percent of Standard Proctor density as determined by "Standard Test Methods for Moisture-Density Relations of Soils Using 5.5-1b. Hammer and 12-in. Drop". Pervious back- fill materials shall be compacted to 70 percent relative den- sity. All backfill shall be carefully placed and spread in uniform layers so that all voids about rocks and clods will be filled. Backfill shall be placed to about the same elevation on both sides of the pipe to prevent unequal loading and displacement of the pipe. The thickness of each horizontal layer after compaction shall not be more than six (6) inches. The placing of the layers shall be such that throughout the required sec- tion the material will be homogenous, free from lenses, pockets, streaks, laminations or other imperfections. Field density tests shall be taken under the supervision of a geotechnical engineer to verify that the specified require- ments are attained in the field. -28- i 1�. 5 0 1 xq Prior to and during compaction, the material shall have a moisture content within two percent (2%) either way of optimum moisture as determined by the Soil Engineer. If the moisture content is not within these limits, the Applicant shall take whatever steps necessary to bring the moisture content within the acceptable limits. 1Of. Cleanup Upon completion of the work, all rubbish, unused materials, concrete forms and other like material shall be removed from the jobsite. All excess excavation shall be disposed of as specified and the areas shall be left in a state of order and cleanliness. 10g. Surface Restoration Surface restoration of unsurfaced areas, surfaced areas, easements, cultivated and agricultural areas shall be done to an as-before or better condition. 11. FIRE HYDRANTS lla. Residential Areas 11.a.1 Hydrants in residential areas shall be Improved Mueller A-24016, or Waterous WB-67. Residential area hydrants shall have a two-way hydrant valve opening of five and one-quarter inches (5 1/4"). Each fire hydrant shall be provided with two (2) two and one-half inch (2 1/2") hose nozzles, and having a National Standard thread three and three-thirty-second inches (3 3/32") OUTSIDE diameter, seven and one-half (7 1/2) threads per inch. Residential hydrants shall not have pumper nozzle. The shoe connection shall be flanged and shall be six inches (6"). The opening nut shall be National Standard Pentagon one and one-quarter inch (1 1/4") point to flat. The valve shall open left, counter-clockwise. The color shall be red. All extension sections shall be cast iron. Depth of bury shall be minimum of four and one half feet (4-1/2' ). There must be a six inch (6") flanged valve between the hydrant and the main line and installation shall be according to Detail No. 1. All hydrants shall be equipped with traffic knock off sections. 11b. Commercial and Industrial Areas 11.b.1 Materials Hydrants in commercial and industrial areas shall be Waterous WB-67 or Improved Mueller A-24015. h z -29- Cli4 Commercial and industrial area hydrants shall have a three-way hydrant valve opening of five and one-quarter inches (5-1"). Each fire hydrant shall be provided with two (2) two and one- half inch (2-1/2") hose nozzles, and having a National Standard thread three and three-thirty-second inches (3 3/32") OUTSIDE diameter, seven and one-half (7 1/2) threads per inch. Fire hydrants shall also be furnished with one (1) pumper nozzle. The shoe connection shall be flanged and shall be six inches (6") . The opening nut shall be National Standard Pentagon one and one-quarter inch (1 1/4") point to flat. The valve shall open left, counter-clockwise. The color shall be red. All extension sections shall be cast iron. Depth of bury shall be minimum of four and one half feet (4-1/2' ). There shall be a six inch (6") flanged valve between the hydrant and main line and installation shall be according to Detail No. 1. All hydrants shall be equipped with traffic knock off type sections. 12. VAULTS AND MANHOLES All concrete manholes to be used shall have manhole thicknesses of 8" and shall be standard 4' diameter round manholes with eccentric cones with 30" manholing and cover. This manhole ring and cover shall be as specified by the District for the particular location and as shown on the drawings. Concrete used shall con- tain Type II cement and have a minimum strength of 3,000 psi for 28 days. When constructed, the top of the manhole shall be at finished grade of the project. The manholes which are in an area subject to high groundwater shall be sealed both inside and outside and shall be water tight. Vaults shall be as specified on the Drawings. 13. DRIVEWAY AND ROAD CROSSINGS All driveways and roads that are so designated on the plans and open cut by the Applicant shall be backfilled with special backfill material . This material shall consist of subbase material from the bottom of the trench to within one foot of the surface and shall extend three feet outside of each original edge of said driveway or road. The upper one foot of such repla- cement shall be special base material and shall extend 1 1/2 feet beyond -30- �3 :a 011 %. 4 --~ -- each original edge of the driveway or road. This material , both subbase and base, shall be hand or mechanically compacted to 95% density in 6 inch lifts. 13.1 Subbase Subbase material shall be well mixed, free of vegetable matter and lumps or balls of clay, and shall consist of sound aggregate par- ticles and suitable filler or binding materials which when placed and compacted will result in a firm, dense, unyielding foundation. Subbase material need not be crushed, but may be of the pit run variety providing it is graded within the following: Standard Size of Sieve % by Weight Passing Sieve 2 1/2" 100 2" 95-100 No. 4 30- 60 No. 200 5- 15 Liquid Limit 35 max. Plastic Limit 6 max. 13.2 Base and Special Backfill Material Base material shall consist of hard, durable particles or fragments of stone or gravel crushed to the required size and a filler of sand or other finely divided mineral matter. When produced from gravel , not less than 60% by weight of the aggregate retained on a No. 4 sieve shall consist of particles having at least one fractured face. Base material shall be free from vegetable matter and lumps or balls of clay and which when placed and compacted will result in a firm, dense, unyielding foundation. Base material shall meet the following grading requirements: Standard Size of Sieve % by Weight Passing Sieve 3/4" 100 No. 4 30- 60 No. 10 25- 50 No. 200 5- 12 Liquid Limit 25 max. Plastic Limit 6 max. -31- E)6 14. PAVEMENT REPLACEMENT Compacted subbase, roadbase and asphalt pavement shall be brought up to match existing grade after pipeline installation, chlorination, and hydrostatic testing. A. Material Specifications i ) Subbase - 5" Class 5 aggregate base course compacted to 95% Standard Proctor density. ii ) Base Course - 3" Class 6 aggregate base course compacted to 95% Standard Proctor density. iii ) Hot Bituminous Pavement - 3" of Grade "EX" with 6.2% by weight of Grade AC-10 asphalt. Mix temperature shall be 280° + 20°F. Pavement shall be compacted to 95% of lab density. 14a. Installation 3" thickness of asphalt shall be placed in one lift. Minimum air temperature for placement of asphalt shall be according to State Highway specifications, Section 401.07, Page 224. 15. CASING PLACED IN OPEN TRENCH Casing pipe in an open trench shall be placed as shown and contemplated on the plans and drawings. See Detail No. 15. 15a. Casing Pipe The casing pipe shall be of the smooth design and the pipe shall con- form to AWWA C-201. The inside diamter of the casing shall be 4 inches more than the outside diameter of the carrier pipe bells. The wall thickness shall be at least .25 inches. The casing installation and pipe through it shall be constructed according to the location and grade as shown on the plans. 15b. Carrier Pipe The carrier pipe to be used shall be the same as is used at either end of the casing. This pipe shall be mounted on plastic casing insulators specifically made for the size and class of pipe used in the project to assure that no part of the carrier pipe or appurtenant couplings rest on the casing pipe. The insulators shall be sized so there is no more than 1/2" gap between the insulator and the casing pipe. -32- 6'7 E Cn 1 - A 15c. Casing Insulators Casing insulators must be securely fastened to prevent movement along the pipe barrel during the pulling or pushing operations. Casing Insulators are to be provided for both ends of each pipe-length and are to be positioned on equal distance from each joint. Maximum spacing between casing insulators shall be 10 feet. Casting insula- tors shall be as manufactured by Pipeline Seal and Insulator Company or approved equal . See Detail 15. 15d. End Seals The casing end seals shall be Model S as manufactured by Pipeline Seal and Insulation Company or approved equal . 16. ROCK EXCAVATION All material , methods, and operation shall conform to the requirements of the local controlling city, entity, or county and the State of Colorado. 16a. Width and Depth of Trench The trench excavated in rock shall not be wider than the diameter of the pipe, plus two (2) feet. The depth of trench excavation in rock shall not be deeper than six (6) inches below the bottom elevation of the pipe to be constructed. 16b. Special Backfill Where rock is excavated, the pipe shall be laid on six (6) inches of special bedding. It shall be backfilled according to the trench detail shown on Detail No. 11. 17. CHLORINATION The chlorination of the finished treated water pipelines shall be done prior to the hydrostatic testing. Before filling the pipe with water, the pipe shall be clean and free of debris to the satisfaction of the Engineer. Disinfection by chlorination of the pipe shall be performed prior to accep- tance by the Owner. The chlorinating agent and method of application shall be approved by the Engineer in accordance with AWWA C 601. If chlorine tablets are used for disinfection, the tablets shall be attached to the inside top of the pipe with "red" permatex just prior to the pipe installation in the trench. -33- 68 After the pipe is filled with water and chlorine, the chlorinated water with a minimum of 50 mg/1 concentration shall be held in contact with the pipe for 24 hours. At the end of the 24 hour period, the water in the pipeline shall be tested by the local health authority or their designated representative, to insure a residual chlorine content of not less than 25 mg/l . Then the pipeline shall be thoroughly flushed, to remove the heavily chlorinated water. Care shall be taken in flushing the pipeline to prevent property damage and danger to the public. Samples of water will be collected for bacteriological examination and residual chlorine content testing before the pipe is put into service. Testing of residual chlorine, bacteria and sampling will be done by the local health authority or their designated representative. 18. HYDROSTATIC TESTING No hydrostatic tests shall be made on any portion of the pipeline until all field placed concrete has had adequate curing time. Sufficient backfill shall be placed between joints and fittings to stabilize the constructed pipeline, however,o nts, fittings, valves, etc., shall not be covered so that a visual inspection may be made at the time of testing unless waived by the District. All pipe shall be field pressure tested to 170 psi unless otherwise noted. The District shall be notified 24 hours in advance of testing. All testing shall be done in the presence of the District. The Applicant will furnish the calibrated meter and the pump for testing. The pipeline shall be in a state of readiness for testing; all bulkheads, pumps, taps and appurtenances necessary to fill the pipeline and maintain the required pressure shall be in place. The pipeline shall be filled with water and the test pressure of 170 psi applied to the pipeline by means of a pump, equipped with a suitable pressure regulator. When filling the pipeline, it shall be filled at a rate which will not cause any surges nor will it exceed the rate at which the air can be released. All air in the line shall be properly purged. Where blow-offs or hydrants are not available or effective in purging air from the line, the District shall require a tap to purge the line. The location and size of tap shall be at the District' s discretion. After all visible leaks have been stopped, the full test pressure shall be maintained for 24 continuous hours. The amount of leakage in the pipeline shall not exceed 20 U.S. Gallons per inch of diameter per mile of pipe per 24 hours for all types of pipe. -34- 01 � � SERVICE LINE RECOMMENDATIONS 1. TYPE OF PIPE The pipe should be PVC Rigid Class 150 DR 18 Schedule 40 and meet ASTM D-2241. Solvent weld joint pipe may be used up to 1}". Above 1#" push joint pipe should be used. 2. LENGTH AND SIZE OF PIPE FOR SERVICE LINES Minimum 1" pipe up to 10 gpm: GPM 15 20 25 30 50 100 100' 1" 1" 1" 1-1/2" 1-1/2" 2" 200' 1" 1" 1" 1-1/2" 1-1/2" 2" 300' 1" 1" 1-1/2" 1-1/2" 2" 2" Length 500' 1" 1-1/2" 1-1/2" 2" 2" 3" 1000' 1-1/2" 1-1/2" 2" 2" 3" 4" 1500' 1-1/2" 1-1/2" 2" 2" 3" 4" For situations not in chart, consult District. 3. METER FLOW RATES Meter Size Max. Flow in GPM 5/8 x 3/4 20 3/4 30 1" 50 1-1/2" 100 2" 160 3" 320 4" 500 6" 1000 8" 1600 -35- 7 nil w. . 4. INSTALLATION AND HANDLING PROCEDURES FOR PVC PIPE Storage PVC must be stored so as to be protected from prolonged heat or direct sunlight. Any protective covering may be used which will not absorb much heat and which will deflect the direct rays of the sun. Ventilation should be provided with any type of cover used. Handling Prior to Installation All sizes of pipe from 1}" through 4" can easily be carried by one man without dragging, which could cause damage by severe sratching. PVC has good impact qualities but like all piping, damage can result from unne- cessary blows imparted to the pipe during handling. Trench Preparation Trench depth for PVC pipe should be at least 48" or several inches below maximum frost line, whichever is greater. A narrow trench may be used for PVC push joint pipe but solvent weld pipe requires snaking to allow for expansion or contraction; therefore, a wider trench is necessary. The bottom of the trench should be graded and sharp rocks and large clods of dirt should be removed. RECOMMENDED PROCEDURES FOR INSTALLATION OF PUSH JOINT POLYVINYL CHLORIDE PLASTIC (PVC) PIPE AND FITTINGS: (A) Inspect the Bell interior to make sure that there is no foreign matter in the ring groove. Remove any accumulations of dirt, mud, etc. , by washing with soap and water if necessary. Spigot should be thoroughly clean, also. (B) Set ring in groove insuring that the marked edge is toward the outside. (C) Apply lubricant to the spigot and bell end of the pipe. Do not use lubricant other than that furnished by the manufacturer. (D) After aligning the spigot with the bell , push spigot of pipe through gasket with twisting motion. Push to a point where the stop mark stripe on the spigot is just flush with the face of the bell . Joint Deflection Push joint pipe joint by design permits 2° deflection without bell distor- tion. Fittings should be used to effect more extreme deflection. In no case should the push joint be deflected more than 2°. -36- 44 , f dal PVC pipe may be installed with gradual curves by deflecting the pipe barrel , thus eliminating fittings. Generally, this procedure is workable in size 4" and smaller. Minimum radius of curvature is as follows: 2" and under 100 feet Over 2" 200 feet Backfilling PVC Pipe 1. Cover the pipe with 6" layer of dirt, free of stones and hard clods of dirt. In rocky soils, place a 4" layer of selected backfill on trench bot- tom before adding first 6" layer of backfill . 2. Tamp well under and around pipe to give added support strength from surrounding soil . 3. After first 6" of select and tamped backfill has been laid over the pipe, pressure test as necessary and complete backfill using machines if desired. Pressure Testing PVC Pipe Pressure testing can be accomplished after total backfilling or after first six inches of backfill . (It is recommended that the latter method be used, leaving joints exposed). With solvent weld pipe, pressure testing should not occur until the pipe has had proper set up time as indicated. Push joint pipe may be pressure tested immediately. 1. Bleed all air out of high and low points of line by totally filling line with water using air bleed valves if necessary. 2. Pressure test pipe to 20 psi above working pressure by use of a pump. If pressure holds on gauge pipe is tight. If pressure drops over 2 hours, there is a leak which must be found and repaired. 3. Complete backfilling if joints have been left exposed. NOTE: It is recommended that the manufacturers' stated maximum working pressure not be exceed during pressure test. Restrain push joint pipe by thrust blocking in event of the following piping conditions: (1) A change of diretion with the use of a Tee or Bend. (2) Where valve and hydrant connections are made. (3) Termination of lines (dead end). CUTTING AND BEVELING PUSH JOINT PVC PIPE: Push joint pipe can be cut in the field with the use of a hacksaw or a fine toothed handsaw (6 to 10 teeth per inch ) , with little or no set. The cut should be square and smooth. (The use of a rotary cutter or mitter box will give the best results). ro f _ -37- , The cut end should be beveled at an angle of 15° for push joint joints. Various beveling tools are available but the use of a milled curve - tooth flat file will suffice. To obtain the proper angle of bevel , use a factory finished pipe end as a guide, rounding off the nose or the bevel slightly. After the cut is made, a stop mark should be made with a pencil or crayon by using another pipe in the field as a guideline. CLOW RECOMMENDED PRACTICE FOR MAKING SOLVENT CEMENTED JOINTS WITH POLYVINYL CHLORIDE PLASTIC (PVC) PIPE AND FITTINGS Scope The following procedure is recommended for making joints with polyvinyl chloride plastic (PVC) pipes and fittings by means of solvent cements, sometimes called solvent welding. The techniques described herein can be used to produce strong pressure-tight joints between PVC pipe and fittings, either in shop operations or in the field. However, skill and knowledge on the part of the operator are required to obtain a good quality joint. This skill and knowledge can be obtained by making joints under the guidance of skilled operators and testing them until good quality joints are obtained. These procedures follow very closely those recommended by ASTM Committee D-20 as proposed on August 4, 1967. (A) Pipe and Fittings - The pipe and fittings should meet the requirements of current applicable PVC piping standards. These standards are available from your pipe supplier. (6) Solvent Cement 1. Definition - A solvent cement is an adhesive made by dissolving the plastic in suitable solvent or mixtures of solvents. The solvent cement dissolves the surfaces of the coated pipes and fittings to form a con- tinuous bond between the mating surfaces, provided the proper cement is used for the particular materials and proper techniques are followed. 2. Specification - The solvent cement should meet all the requirments of ASTM Tentative Specification for Solvent Cement for Polyvinyl Chloride (PVC) Plastic Pipe and Fittings - ASTM Designation: D2564. 3. Storage - PVC solvent cements should be stored in a cool place except when actually in use at the job site. These cements have a limited shelf life when not stored in hermetically sealed containers. The cement is unsuitable for use on the job if it exhibits an appreciable change from the original viscosity, or if a sign of gelation is apparent. Restoration of the original viscosity or removal of gelation by adding solvents or thinners is not recommended. (C) Cleaners - Cleaners, sometimes called primers, are of two types, chemicals and mechanical (abrasives). -38- 1 ni a - 1. Chemical Cleaners - The chemical cleaners are as follows: a. Methyl ethyl ketone (MEK) b. Methyl isobutyle ketone (MIRK) c. Tetrahydrofurane (THF) d. Cyclohexanone e. Dimethyl formamide (DMF ) mixed with THF f. Cyclohexanone mixed with DMF g. Acetone 2. Mechanical Cleaners - The mechanical cleaners are as follows: a. Fine abrasive paper or cloth (180 grit or finer) b. Clean, oil-free, steel wool . INSTALLATION PROCEDURES 1. Cutting the Pipe - Pipe is cut square with the axis, using a fine tooth hand saw and a miter box, or a fine toothed power saw with a suitable guide. Wood working blades may be used. A rotary cutter may be used if the cutting blades are specifically designed for cutting plastic pipe in such a way as not to raise a burr or ridge (flare) at the cut end of the pipe. If other tools are not available, a standard rotary metal pipe cutter may be used, provided great care is taken to remove all of the ridge raised at the pipe end by wedging action of the cutting wheels. Failure to remove the ridge will result in the cement in the fitting socket begin scraped from the socket surface, producing a dry joint with a high probabi- lity of joint failure. All burrs are to be removed with a knife, file, reamer or abrasive paper. 2. Test Fit the Joint - Wipe both the outside of the pipe and the socket of the fittings with a clean, dry cloth to remove foreign matter. Mate the two parts without forcing. Measure and mark the socket depth of the fitting on the outside of the pipe (do not scratch or damage pipe surface) to indicate when the pipe end will be bottomed. 3. Joint Preparation - Surfaces to be joined should be clean and free of moisture before application of the cement. The outside surface of the pipe (for the socket depth ) and the mating socket surface shall be cleaned and the gloss removed with one of the chemical cleaners listed on paragraph C-1, applied with a moisture-free cloth. An equally acceptable substitute is to remove the gloss from the mating surfaces (both pipe and socket) with abrasive paper or steel wool . Wipe off all particles or abrasive and/or PVC before applying the cement. -39- 1 col^ 4. Application of Cement (A) Handling cement - Keep cement can closed and in shady place when not actually in use. Discard the cement when an appreciable change in visco- sity takes place, or at the first sign of gelation. The cement should not . be thinned. (Note: A gel condition is indicated when the cement does not flow freely from the brush or when the cement appears lumpy or stringy. Keep brush wet when not in use, either in select thinner, cleaner or cement). (B) Brush size - The cement is applied with a natural bristle brush, using 1/2 inch brush for nominal pipe sizes } inch and less, 1 inch wide brush for pipe up through 2 inch nominal pipe size, and brush width at least I of nominal pipe size for sizes about 2 inch except for pipe sizes 5 inch and larger, then a 2# inch brush is adequate. (C) Application of Cement - PVC solvent cement is fast drying and there- fore the cement shall be applied as quickly as possible, consistent with good workmanship. It may be necessary for two workers to perform this operation for larger sizes of pipe. Under conditions of high atmospheric humidity, quick application is important to minimize condensation of moisture from the air on the cement surface. The surface temperature of the mating surfaces should not exceed 110 degrees F at the time of assembly. In sunlight on hot days, the pipe tem- perature may be reduced by swabbing the surfaces to be cemented with clean, wet rags provided all water is removed before the cement is applied. First, apply a full even coat of cement to the pipe surface, to the depth of the fitting socket. Next, apply a uniform, thin coating of cement to the interior of any fitting socket, including the shoulder at the socket bottom. Recoat the pipe with a second uniform coat of cement, including the cut end of the pipe. 5. Assembly of Joint - Immediately after applying the last coat of cement to the pipe, insert the pipe into the fitting until it bottoms at the fitting shoulder. Turn the pipe or fitting } turn during assembly (but not after the pipe is bottomed) to evenly distribute the cement. Assembly should be completed within 20 seconds after the last application of cement. The pipe should be inserted with a steady even motion. Hammer blows should not be used. If there is any sign of drying of the cement surfaces due to delay in assembly, the surfaces should be recoated, taking care again not to apply a surplus of cement to the inside of the socket. As large axial for- ces are necessary for the assembly of interference fit joints in large size pipe, two or more men are needed for such joints. Mechanical forcing equipment - "Come-alongs", or levers and braces may also be necessary. Until the cement is set in the joint, the pipe may back out of the fitting socket if not held in place for approximately one minute after assembly. 6. Set time - Handle the newly assembled joints carefully until the cement has gone through the set period. Recommended set time is related to tem- perature as follows: -40- 7 O 30 minutes minimum from 60 to 100 degrees F 1 hour minimum from 40 to 60 degrees F 2 hours minimum from 20 to 40 degrees F 4 hours minimum from 0 to 20 degrees F 7. Placing - After the set period, the pipe can be carefully placed in pre- pared ditch and snaked from side to side. Prior to backfilling, the pipe shall be brought to approximate operating temperature by either shade back- filling, or by filling with water, or by allowing to stand overnight. The pipe system should be allowed to stand vented to the atmosphere prior to pressure testing. The set period before the system is pressure tested will depend on, other than the specific cement, the size of the pipe, the ambient temperature, and the dry-joint tightness. For most cases, 48 hours is considered to be a safe period for the pipe system to be allowed to stand vented to the atmosphere before pressure testing. Longer periods are required for law temperatures, large size pipes, and loose joints. Shade backfill , leaving all joints exposed so that they can be examined during pressure test. On long runs pressure tests should be performed on sections no longer than 5,000 feet. Test pressure should be 150% of design pressure or follow the requirements of the applicable code, whichever is higher, but in no case should the recommended working pressure be exceeded. CAUTION: 1. It has been determined that explosions occur when granular calcium hypochlorite, a common bactericide, algaecide, or chloronation agent, is used in solvent weld PVC lines. This calcium hypochlorite reacts violently with the solvent weld materials under certain field conditions. 2. When solvent welded PVC pipe is used, granular calcium hypochlorite should not be used in the system until it has been dissolved in water. -41- 1 '1 "�; A. �. . ...._ !tip:_b Fire Hydrant, See specs. (2) 2'," hose Nozzles in j y y1� (1) 41" Pumper Nozzle Facing Street - Ground Surface ---; O � 3' w Min Val Box �i L+ I� 6' Max See Specs. =11-11=11 =11=11 =11= 1 1 =11 = = 11 =11= 11 =11 X1- 11- =11 = 11 =11-11 = 11 I1=11 1t' 11= 11= 11 = Ii= =11=I1 = all= 11 Note: Field wrap riser in accordance w/ specs. 7 _ f6"• Resilient eat Valve (c� (see specs.) Top of Gravel shall be a �+ minimum Of 3' above drain Drain Hole hole, ii i I" All Thread or Flanged E ( Water Main Conc. Thrust Block e_: ::�rsss. Joints poured in place ��:. : : �' • [7f) 6 mil polyethelyne bond k • • a • • _ L o break �. s f: r - - _ �• a Tee y . - \ IV Washed Rock (1/3 cu yd min. ----14 sf-- cone. Thrust Block 6" Flanged Ductile Iron Pipe Class 15O Construction Fire Hydrant LONGS PEAK .; Standards Assembly WATER DISTRICT DETAIL NO. o i -» , A, 1 .. NOTES: All Valves to be Resilient Seat, Epoxy Coated inside and out per •LPWE and ANWA Specs. All Valve Boxes to be of Cast Iron construction, two piece adjustable design I per LPWD Specs. All Thrust Blocks to be formed to prevent interference with bolts, nuts and all moveable parts. All Thrust Blocks to have 6 mil polyethyline bond break between block and Ivalve/equipment surfaces. Standard Cast Iron Valve Box with Cast Iron ILid marked 'WATER"---1 - in .1 . `I . ° ' Min 18" dia. X 6" deep concrete =11=11=11 11= = around top of valve box =1i= 11 Std. 2 piece C.I. = It l 1 -r-t % valve box —'r ..t.‘‘ - I I I / 2" Square operating nut I ••s Resilient Seat Valve I . ( ` Water Main I — Ie -r- __ '!_ r— ."-.:9-_11 =11_Il=l1 nc��_ a'• Q -111.-":(1127-11`` Concrete Thrust- Block � �- _ � ' � v/ 6 mil poly bond break • c• • n • .s • :•a , 1't 11 _-ti-Unexcavated Earth Construction Valve & Valve LONGS PEAK l Standards Box Assembly WATER DISTRICT 7 `- DETAIL N0. 2 tn,1 •i• -.:- I Calve Vent Pipe min. 36' above Grade Yr {—Cast Iron Frost-Proof Dome IIIC1�11=11=11 Irll=11=11 11 =11_tI= lit: =11=11J1- tlt ll =II-7II -l1=1i I-11=11=11 n= 1111- '11 ll It =11=11= 11 = 11 I iI II" -11=117-1111 20' Dia. PVC Pit or Equal tits. 1 1 r- Shutoff Key (permanent) Galv. Pipe and Fittings above Air/Va: valve O.K. ' a „ASr : Vacu Valve per specs. 1 I Curb Stop per specs with shutoff key Brass Nipples ci, attached d Brass Ell Brass Ell Brick or Concrete ___J Copper or Cl 200 PVC Brass Nipples _/f PVC CouplingNal Stainless Steel or Bronze Tapping Saddle —r + )liataz Main NOTE: All Tapping Saddles, Valves, Air-Vac Valves, Fittings, and Pi a shall conform to Longs Peak Water District Specifications. No substitutes or "Equals" to be permitted without written approval from the LPWD. All installations to be inspected by LPWD before backfill, - Construction Ai r - Vac LONGS PEAK Standards Assembly WATER DISTRICT `f : DETAIL N0. 3 7--- 4.:. . ,� ,e Extension Type Curb Box with Arch Pattern Base 1 I _ BFI•= UT; 14=•LC=1)= 11 =11 =11=11- 11=1'lT IJ�z Iy,. Il''=.•1.1 .6 II c (Curb Stop in accordance w/spec C 'X' Cop r cie Stainless Steel or 1� Bronze Tapping Saddle In accordance w/ - specs.------- - ! Corp Stop - Ford F600 •..•e tttt s � • � � - ` Brick or Concrete Block r,. Water Hain NOTES: All Tapping Saddles, Corp Stops, Curb Stops, Copper Pipe; Polybutyline Pipe, and Fittings shall conform to Longs Peak Water District Specifications. No substitutes or 'Equals" to be permitted without written approval from LPND. Const ruction Water Tap LONGS PEAK Standards & Curb Box - WATER DISTRICT 3 '-r) DETAIL N0. 4 0-9 4 9. , � SECTION A-A I . • _ - ,_,► Excavated Material —11 Compacted in Accordance -= • • . • .Il v/Specs. 11 - - . - 11 fl • . • II — • - II 11 . ' - — • . - • • 11 1 \i��\\/` \\�/ \\ — t1�111 � \J/ \� l 11= — \�\\ "4-, _ Excavated Material Hand --i1= it \\� \� 111;11 Tamped under suitable 1111 �s.�l — soil conditions. Where tl= Ni 1 \��` 111 — 11 conditions are unfavorable Unexcavated Earth-1.11=1 r� CIS 11= -11= ' %`f� 1 1— 11 importated material per �r �i Water Main . Jl51,\"` 1 l_ _ specs shall be used and 1 I= 11= 11-..c. 1b -n1 =1)= 11 = I% hand tamped for compaction t1- 11 -t11= 11 -11 -11=1%= n = 11 = in 6' lifts. A-4- Water :fain (.31 — — I1-11— T-11--1CC: e hit=11=t 1— 11 Uexcavated Earth--30- I l —1 I=1 — 11=11=11-11 — 11=- 11 1 — _it=It=11= 11 =11_11 _ ll A •1*— Hand Dig 'Bad' for Pipe Bell or Joint Construction PVC Pipe LONGS PEAK Standards Bedding Detail WATER DISTRICT DETAIL N0. 5 el : -� ,„ NOTE: 3URY VALVE COVER 6" TO 12" WHEN IN ROAD SHOULDER. LEAVE 6" MIN. ABOVE GROUND SURFACE WHEN OUTSIDE OF STREET OR ROAO SHOULDER CAST IRON VALVE BOX COVER COVER 6" MIN. IF IN ROAD SHOULDER GROUND SURFACE i s. 1-zs_ :J ,tv Y A CONCRETE COLLAR IN ACCORDANCE WITH BOULDER OR WELD COUNTY SPECIFICATIONS WHEN LOCATED IN PAVED STREET. ADJUSTABLE VALVE BOX E COVER • Z E b Ln rial ......-BUTTERFLY VALVE ENDS AS REQUIRED rr'se ya. f,4-.,,LMIefic,• W . ER MAIN LINE - IV 4:.. .11 . �blri.�t 7 f ♦ .� CONSTRUCTION BUTTERFLY LONGS PEAK ;r; STANDARDS VALVE WATER DISTRICT DETAIL NO. 6 _ NOTE: BURY VALVE COVER 6" MIN WHEN IN ROAD JULDER. LEAVE 6 MIN. ABOVE GROUND SURFACE WHEN OUTSIDE OF STREET OR ROAD SHOULDER. CAST IRON VALVE STREET `BOX COVER 1 3'-O" DIA. CONCRETE COLLAR IN ACCORDANCE WITH BOULDER OR WELD COUNTY SPECIFICATIONS ADJUSTABLE VALVE BOX b COVER - 1 I IN ACCORDANCE WITH SPECIFICATIONS. z s r. ca 2" SQUARE CONTROL NUT rn GATE VALVE ENDS /AS REQUIRED t Y 1 1 '~r WATER MAIN LINE 1171:-.±.r ii•. ►!• t' u CONCRETE PAD (WRAP ;•: t_ FITTINGS b PIPE WITH •. •• • j HEAVY PAPER BEFORE PLACING CONCRETE) CONSTRUCTION I GATE VALVE LONGS PEAK STANDARDS ASSEMBLY WATER DISTRICT s DETAIL NO. 7 tai r :,"` At Thickness= 1" Plus Existing But In No Case Less Than 3" Sharp Cut Replace w/Premixed Hot Applied Asphaltic Concrete Exist. Asphaltic Surface Course Exist. Road Base Material • New Road Base Marl \ Compacted To 95% Of Max. c Density Per ASTM Standard • • Test D-698 Subbase Mat'1 Compacted . c T In Accordance w/Specs. 8" • • 8" tpx. • �. • • — Largest O.D, of Pipe • t� •, ', �� `,•• , Select [mooned �' 'a"• Mat ' 1 Per Specs Hand Tamp For (>� Compaction In e•° 4" Lifts . Or As Approved By LPWD. —4" Min. CONSTRUCTiCN ASPHALT LONGS PEAK STANDARDS REPLACEMENT WATER DISTRICT DETAIL N0. 9 n • `, ♦v 0 �\ -._.:.0...., L _�� .r•. • . I� � 1�t ' .• f 'r-, TEE BEND-HORIZONTAL OR BOTTOM OF VERTICAL .,1, ; I N \ rZ •t"— . . >a - -- ;1041.4-7 ' WYE TEE/DEAD ENO ON RUN Trench Width As Specified t n ,� j 4r: . _ 1t 14 g v N Q SI �. ' l a as • . -)1 1 . 1;.; ..l skiff : ': 1. a ,. Min. Thickness Equal to Pipe O.D. CROSS x/DEAD ENO BRANCHES SECTION PLUG OR LINE CAP `' N. THRUST - �� II• ,p �Al OfK_flIIgiu I ^ , . I PSI 1M ER PRESSUR ,`i�- ��, 2000 PSF SOIL BEAR. LO. ,. PIPE : i. 3.(e SIZE •WIOTH •• DEPTH ! DEAD END -Moir r-- -2, 0„ WILlE : ���r9"-- I jr-6" r10" )' -6" ' 3'-0" 1-----r— ,j2" 4._Q.. 3' -9" 144'-6"� 4'-6" 16" , -0" 5' -0„ - CONSTRUCTION THRUST LONGS PEAK STANDARDS BLOCKS WATER DISTRICT nFTAIL N0. 10 - - ''tii 41L4Y/',� t�y v 41111 /�A. \j �"` _ . - ; eri 6" Min. • " . ' • - ' Concrete Cover Around • Pipe; Length As Shown .• •�� On Plans. Min.Strength= 3000 6" Min. • ..�e . . 6" p.s.i . . . . Min. • . Wastewater Main , .' , � •, Line - . ; . ' Note: Encasement To Be . Constructed 10' Each %.6" Min. Side of p of Water 6"x6" 10/10 WWF Main. When required 2" Clear From Pipe By Specifications. CONSTRUCTCN [SEWER ENCASE- 1 LONGS PEAK STANDARDS MENT DETAIL WATER DISTRICT 8 DETAIL N0. 12 . . �„,e-2" Galy. Threaded 90 deg. Ell, with 2" X 6" Galv, nipple L cap • 2a Galv. pipe I � 2" Caly, coupling at ground level :\`iii/h(•(:1/�I .-,--,4 7i 'Ji; • st41,:i,\`) I.:�:� �it./ fib? • h NOVNV.4`. I t p 1 // AI H 2' Ga1v.Riser - Field Wrap a — Standard valve box j' with 6 mil Plastic , Variable, but 6'6" min. Variable, I ►• t� N/ /� •tea .,ti, I 2' Resilient Wedge ��'/:, r 2" Galy. Ell 2 Brass ar Galv, r val - w/2" Sq. :Jut /f'/'// Ilt (field wrap) Coupling f (val - epoxy coated) �' • �; i• C2' Galv. Pipe (field wrap) J • : ' •• � ' + 4/...A...,� / may/ J/ •'4ap.q \/ \•..- • d'-b:7/— —M Water Main • '' jr /�%771 \%a/F�//`�� u•. 14717i. 7 i. z--- i � \/il �� • .a , . 6%, `ir/ ..... f,•�.�SdUT: 2" :{ 6" Brass Nipple • ,a . L •. • a e`,`/, rill ta" Weep lics*,,Ts., � 4 � �� iii„:.z• ��• Bronze or Stainless `Concrete Thrust sr; `" Jf Cubic Yard 11" Washed Rock Steel Tapping Saddle Block Min, of 1'6" Place Gravel A Min. of 3" Above Weep Hole X 1'6" Bearing Area - Construction 2" Blow• Off LONGS PEAK Standards Assembly WATER DISTRICT ^ ` DETAIL N0. 13 c F , STEEL CA_.AC � __ � PIPE BELL e or / ` ' 1 CARRIER PIPE t I. ;' ` '',� STEEL CASING INSULATORS lMIN. 1/2" \ .� CLEARANCE _ _ / I SPACING INSULATOR CASING rE IRST INSULATOR HALL BE S"FROM MIN. l/2" CLEARANCE ND OF CASING. N. PLASTIC INSULATORS eON£ EACH SIDE JOINT AND / l l0' O.C. MAXIMUM) (///) / 11 O 4 / ID o crir' : d NOTE: CASING INSULATOR ' _ SHALL BE POSITIONED 7 'r TO KEEP PIPE JOINT .I a na qq S ui FROM TOUCHING CASING4 W a_ R V re A nn -4 1-- f 1 "V :1 O O O O SING JOINT STEEL SEAL CASING Construction Pipe-Support LONGS PEAK Standards In Steel Casing WATER DISTRICT 3 j DETAIL N0. 15 C4* -r `.' ,.4 EXTID3IT D MAP OF BOUNDARIES AND DIRECTOR DISTRICTS EXHIBIT E LEGAL DESCRIPTION OF DISTRICT AMENDED LEGAL DESCRIPTION LONGS PEAK WATER DISTRICT ALL THAT PART OF SECTIONS 3, 4, 5 AND 6, TOWNSHIP 2 NORTH, RANGE 68 WEST, SECTIONS 6, 7, 17, 18, 19, 20, 21 , 22, 27, 28, 29, 30, 31 , 32, 33 AND 34, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO, AND SECTIONS 1 , 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 , 22, 23, 24, 25, 26, 28 AND 30, TOWNSHIP 3 NORTH, RANGE 69 WEST, SECTIONS 1 , 12, 13, 14, 22, 23, 24 AND 25, TOWNSHIP 3 NORTH, RANGE 70 WEST OF THE 6TH P.M. , BOULDER COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 69 WEST; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 20 TO THE NORTHEAST CORNER OF SECTION 30; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 30 2,000 FEET; THENCE WEST 2,000 FEET; THENCE SOUTH 63° WEST 1 ,800 FEET MORE OR LESS TO A POINT ON THE EAST-WEST CENTERLINE OF SECTION 30; THENCE WEST 1,500 FEET MORE OR LESS TO THE EAST ONE-QUARTER CORNER OF SECTION 25, TOWNSHIP 3 NORTH, RANGE 70 WEST; THENCE WEST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 25 TO A POINT 660 FEET EAST OF THE CENTER ONE-QUARTER CORNER OF SECTION 25; THENCE NORTH PARALLEL WITH THE NORTH-SOUTH CENTERLINE OF SAID SECTION TO A POINT ON THE NORTH LINE OF SECTION 25; THENCE WEST ALONG SAID NORTH LINE 660 FEET TO THE NORTH ONE-QUARTER CORNER OF SECTION 25; THENCE NORTH ALONG THE NORTH-SOUTH CENTERLINE OF SECTION 24 TO THE CENTER ONE-QUARTER CORNER THEREOF; THENCE WEST ALONG THE EAST-WEST CENTERLINE OF SECTION 24 TO THE WEST ONE-QUARTER CORNER THEREOF; THENCE WEST ALONG THE EAST-WEST CENTERLINE OF SECTION 23 TO THE CENTER ONE-QUARTER CORNER OF SECTION 23; THENCE CONTINUING WEST 300 FEET; THENCE SOUTH 2,000 FEET MORE OR LESS TO THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 66; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE 650 FEET; THENCE NORTH TO THE EAST-WEST CENTERLINE OF SECTION 23; THENCE ALONG THE SAID EAST-WEST CENTERLINE TO THE WEST ONE-QUARTER CORNER OF SECTION 23; THENCE WEST ALONG THE EAST-WEST CENTERLINE OF SECTION 22 TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 22; THENCE NORTH TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID NORTHEAST OUARTER OF SECTION 22; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 22 TO THE SOUTHWEST CORNER OF SECTION 14; THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 14, 2,400 FEET MORE OR LESS TO THE 5,500 FEET CONTOUR LINE AS DETERMINED BY U.S.G.S. QUADRANGLE DATUM; THENCE NORTHEASTERLY ALONG SAID 5,500 FEET CONTOUR LINE TO ITS INTERSECTION OF THE NORTH LINE OF SAID SECTION 14; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 14, 1,850 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SECTION 12; THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 12 TO THE SOUTHWEST CORNER OF SECTION 1 ; THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 1 TO THE WEST ONE-QUARTER CORNER OF SAID SECTION I ; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 1 TO THE WEST ONE- QUARTER CORNER OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 69 WEST; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 6 TO THE EAST ONE-QUARTER CORNER OF SAID SECTION 6; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 6, 1,800 FEET MORE OR LESS TO THE CENTERLINE OF THE HIGHLAND DITCH; THENCE SOUTHEAST ALONG SAID CENTERLINE OF THE HIGHLAND DITCH TO ITS INTERSECTION OF • THE NORTH-SOUTH CENTERLINE OF SECTION 8; THENCE SOUTH ALONG SAID NORTH-SOUTH CENTERLINE OF SECTION 8 TO THE NORTH ONE-QUARTER CORNER OF SECTION 17; THENCE SOUTH ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 17 TO THE CENTER ONE- QUARTER CORNER OF SECTION 17; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 17 TO THE WEST ONE-QUARTER CORNER OF SECTION 16; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 16, 800 FEET MORE OR LESS TO THE HIGH WATER LINE OF TERRY LAKE; THENCE NORTHEASTERLY ALONG SAID HIGH WATER LINE OF TERRY LAKE TO A POINT ON THE NORTH LINE OF SECTION 16; THENCE EAST ALONG THE NORTH LINE OF SECTION ]6 TO THE NORTHWEST CORNER OF SECTION 15; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 15 TO A POINT 330 FEET WEST OF THE NORTH-SOUTH CENTERLINE OF SECTION 15; THENCE SOUTH PARALLEL WITH SAID NORTH-SOUTH CENTERLINE TO A POINT ON THE EAST-WEST CENTERLINE OF SAID SECTION 15; THENCE EAST ALONG SAID EAST-WEST CENTERLINE TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 15; THENCE NORTH ALONG SAID EAST LINE TO A POINT ON THE SOUTH LINE OF SECTION 10; THENCE NORTH ALONG THE EAST LINE OF THE WEST HALF OF TnE SOUTHEAST QUARTER OF SECTION 10 TO A POINT ON THE CENTERLINE OF THE HIGHLAND DITCH; THENCE EASTERLY ALONG SAID CENTERLINE OF THE HIGHLAND DITCH TO A POINT ON THE WEST LINE OF SECTION 11; THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 11 TO THE NORTHWEST CORNER OF SAID SECTION 11 ; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 11 TO THE NORTHWEST CORNER OF SECTION 12; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 12 TO THE CENTERLINE OF THE NEW ISH DITCH; THENCE NORTHEASTERLY ALONG SAID CENTERLINE OF THE NEW ISH DITCH TO THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER OF SECTION 1 ; THENCE NORTH ALONG SAID WEST LINE OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER TO THE NORTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER OF SECTION 1 ; THENCE EAST ALONG THE NORTH LINE OF SAID EAST ONE-HALF OF THE SOUTHEAST QUARTER OF SECTION 1 TO THE WEST ONE-QUARTER CORNER OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 6 TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 6; THENCE SOUTH ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 6 TO THE NORTH ONE-QUARTER CORNER OF SECTION 7; THENCE SOUTH ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 7 TO THE NORTH ONE-QUARTER CORNER OF SECTION 18; THENCE SOUTH ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 18 TO THE CENTER ONE-QUARTER CORNER OF SECTION 18; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 18 TO THE WEST QUARTER CORNER OF SECTION 17; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 17 TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 17; THENCE SOUTH ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 17 TO THE NORTH ONE-QUARTER CORNER OF SECTION 20; THENCE SOUTH ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 20 TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 20; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 20 TO THE WEST ONE-QUARTER CORNER OF SECTION 21; THENCE EAST ALONG THE EAST- WEST CENTERLINE OF SAID SECTION 21 TO THE WEST ONE-QUARTER CORNER OF SECTION 22; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 22 TO THE EAST ONE-QUARTER CORNER OF SAID SECTION 22; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 22 TO THE NORTHEAST CORNER OF SECTION 27; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 27 TO THE NORTHEAST CORNER OF SECTION 34; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 34 TO THE CENTERLINE OF THE ST. VRAIN RIVER; THENCE WESTERLY ALONG THE CENTERLINE OF THE ST. VRAIN RIVER TO A POINT ON THE EAST LINE OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO; THENCE CONTINUING WESTERLY ALONG THE CENTERLINE OF THE ST. VRAIN RIVER TO A POINT ON THE EAST-WEST CENTERLINE OF SAID SECTION 4; THENCE WEST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 4 TO THE EAST ONE-QUARTER CORNER OF SECTION 5; THENCE WEST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 5 TO THE EAST ONE-QUARTER CORNER OF SECTION 6; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 6 TO A POINT ON THE HIGH WATERLINE OF UNION RESERVOIR; THENCE NORTHERLY ALONG SAID HIGH WATERLINE TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO; THENCE CONTINUING NORTHERLY ALONG SAID HIGH WATERLINE TO THE NORTHWEST CORNER OF SAID SECTION 32; THENCE WESTERLY ALONG SAID HIGH WATERLINE TO A POINT ON THE SOUTHERLY LINE OF SECTION 30; THENCE SOUTHERLY ALONG SAID HIGH WATERLINE OF UNION RESERVOIR TO A POINT ON THE SOUTH LINE OF SECTION 31 , SAID POINT ALSO BEING ON THE NORTH LINE OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 66 WEST; THENCE SOUTHEASTERLY ALONG SAID HIGH WATERLINE TO A POINT ON THE SOUTH LINE OF THE NORTH ONE-HALF OF THE NORTH ONE-HALF OF SAID SECTION 6; THENCE WEST ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF THE NORTH ONE-HALF OF THE NORTH ONE-HALF OF SECTION 6; THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 6 TO THE SOUTHWEST CORNER OF SECTION 31 , TOWNSHIP 3 NORTH, RANGE 68 WEST; THENCE NORTH ALONG THE WEST LINE OF SECTION 31 TO THE SOUTHEAST CORNER OF SECTION 25, TOWNSHIP 3 NORTH, RANGE 69 WEST OF THE 6TH P.M. , BOULDER COUNTY, COLORADO; THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 25 TO A POINT ON THE HIGH WATERLINE OF JIM HAMM PARK LAKE; THENCE NORTHERLY AND WESTERLY ALONG SAID HIGH WATERLINE EXTENDED TO A POINT ON THE EAST LINE OF THE WEST HALF OF SAID SOUTHEAST QUARTER; THENCE NORTH TO THE NORTHEAST CORNER OF THE WEST HALF OF SAID SOUTHEAST QUARTER; THENCE WEST TO THE CENTER QUARTER CORNER OF SECTION 25; THENCE NORTH ALONG THE NORTH-SOUTH CENTERLINE OF SECTION 25 TO THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 66; THENCE WEST ALONG SAID SOUTH RIGHT-OF- WAY LINE TO THE WEST LINE OF SAID SECTION 25; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE WEST RIGHT-OF-WAY LINE OF PACE ROAD; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE OF PACE ROAD TO A POINT ON THE EAST-WEST CENTERLINE OF SECTION 26; THENCE EAST TO THE WEST ONE-QUARTER CORNER OF SECTION 25; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SECTION 25 TO THE NORTHEAST CORNER OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 25; THENCE SOUTH 00°03'09" EAST ALONG THE EAST LINE OF THE WEST HALF OF SAID SOUTHWEST QUARTER 1,336.40 FEET; THENCE ALONG THE NORTH LINE OF THAT TRACT OF LAND DESCRIBED BY DEED RECORDED ON FILM N0. 694 AT RECEPTION N0. 938756 OF BOULDER COUNTY RECORDS THE FOLLOWING COURSES: SOUTH 89°44'27" EAST 304.68 FEET; SOUTH 28°05'27" EAST 240.95 FEET; SOUTH 39°40'27' EAST 527.00 FEET; SOUTH 42°55'27" EAST 239.00 FEET; SOUTH 65°33'27" EAST 322.00 FEET; SOUTH 62°16'27" EAST 118.50 FEET; THENCE ALONG THE NORTH- SOUTH CENTERLINE OF SECTION 25, SOUTH 00°10'43" EAST 330. 11 FEET TO THE SOUTH ONE-QUARTER CORNER THEREOF; THENCE WEST TO THE SOUTHWEST CORNER OF SECTION 25; THENCE NORTH TO THE WEST QUARTER CORNER OF SECTION 25; THENCE WEST ALONG THE EAST-WEST CENTERLINE OF SECTION 26 TO THE CENTER ONE-QUARTER CORNER THEREOF; THENCE ALONG THE NORTH-SOUTH CENTERLINE OF SECTION 26 TO THE SOUTH ONE-QUARTER, CORNER OF SECTION 23; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 23 TO THE SOUTHEAST CORNER OF SECTION 22; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 22 TO THE SOUTHEAST CORNER OF SECTION 21 ; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 21 1,200 FEET; THENCE NORTH TO THE EAST-WEST CENTERLINE OF SECTION 21 ; THENCE WEST ALONG SAID EAST-WEST CENTERLINE TO THE NORTHEAST '� CORNER OF THAT TRACT OF LAND DESCRIBED BY DEED AT RECEPTION NO. 110729 OF BOULDER COUNTY RECORDS; THENCE ALONG SAID TRACT BOUNDARY THE FOLLOWING 3 COURSES: SOUTH 250 FEET; WEST 348.48 FEET; NORTH 250 FEET; THENCE WEST 500 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21 ; THENCE SOUTH TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE EAST TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE SOUTH TO THE SOUTH ONE-QUARTER CORNER OF SECTION 21 ; THENCE WEST TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21 ; THENCE NORTH TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SOUTHWEST QUARTER OF SECTION 21 ; THENCE WEST TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SOUTHWEST QUARTER OF SECTION 21 ; THENCE SOUTH TO THE SOUTHWEST CORNER OF SECTION 21 ; THENCE WEST ALONG THE SOUTH LINE OF THE SECTION 20 TO THE SOUTH ONE-QUARTER CORNER THEREOF, AND THE POINT OF BEGINNING. TOGETHER WITH ALL THAT PART OF NORTHWEST ACRES SUBDIVISION AS PLATTED AND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 69 WEST OF THE 6TH P.M. , BOULDER COUNTY, COLORADO, EXCEPTING THEREFROM ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 21 , TOWNSHIP 3 NORTH, RANGE 69 WEST OF THE 6TH P.M. , BOULDER COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER, OF SECTION 21; THENCE ALONG THE NORTH LINE OF SAID SECTION EAST 213 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING EAST 1 , 100 FEET; THENCE SOUTH 209 FEET; THENCE EAST 209 FEET; THENCE NORTH 209 FEET; THENCE ALONG THE NORTH LINE OF SECTION 21 TO THE NORTH ONE-QUARTER CORNER, THEREOF; THENCE SOUTH TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 21 ; THENCE WEST TO THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID NORTHWEST QUARTER.; THENCE NORTH ALONG THE WEST LINE OFF SECTION 21 TO A POINT WHENCE THE NORTHWEST SECTION CORNER THEREOF BEARS NORTH 218.5 FEET: THENCE EAST 213 FEET; THENCE NORTH 214.2 FEET TO THE POINT OF BEGINNING. EXHIBIT F LEGAL DESCRIPTION OF DIRECTOR DISTRICTS engineers • planners • surveyors LEGAL DESCRIPTION LONGS PEAK WATER DISTRICT (DIRECTOR DISTRICT 1) ALL THAT PART OF SECTIONS 5, 6, 7, 8, 17, 18, 19, 20 AND 30, TOWNSHIP 3 NORTH, RANGE 69 WEST OF THE 6TH P.M. , AND SECTIONS 1, 12, 13, 14, 22, 23, 24, 25, 26 AND 27, TOWNSHIP 3 NORTH, RANGE 70 WEST OF THE 6TH P.M. , ALL IN BOULDER COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 69 WEST; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 20 TO THE NORTHEAST CORNER OF SECTION 30; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 30 2,000 FEET; THENCE WEST 2,000 FEET; THENCE SOUTH 63° WEST 1,800 FEET MORE OR LESS TO A POINT ON THE EAST-WEST CENTERLINE OF SECTION 30; THENCE WEST 1,500 FEET MORE OR LESS TO THE EAST ONE-QUARTER CORNER OF SECTION 25, TOWNSHIP 3 NORTH, RANGE 70 WEST; THENCE WEST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 25 TO A POINT 660 FEET EAST OF THE CENTER ONE-QUARTER CORNER OF SECTION 25; THENCE NORTH PARALLEL WITH THE NORTH-SOUTH CENTERLINE OF SAID SECTION TO A POINT ON THE NORTH LINE OF SECTION 25; THENCE WEST ALONG SAID NORTH LINE 660 FEET TO THE NORTH ONE-QUARTER CORNER OF SECTION 25; THENCE NORTH ALONG THE NORTH-SOUTH CENTERLINE OF SECTION 24 TO THE CENTER ONE-QUARTER CORNER THEREOF; THENCE WEST ALONG THE EAST-WEST CENTERLINE OF SECTION 24 TO THE WEST ONE-QUARTER CORNER THEREOF; THENCE WEST ALONG THE EAST-WEST CENTERLINE OF SECTION 23 TO THE CENTER ONE-QUARTER CORNER OF SECTION 23; THENCE CONTINUING WEST 300 FEET; THENCE SOUTH 2,000 FEET MORE OR LESS TO THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 66; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE 650 FEET; THENCE NORTH TO THE EAST-WEST CENTERLINE OF SECTION 23; THENCE ALONG THE SAID EAST-WEST CENTERLINE TO THE WEST ONE-QUARTER CORNER OF SECTION 23; THENCE WEST ALONG THE EAST-WEST CENTERLINE OF SECTION 22 TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 22; THENCE NORTH TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID NORTHEAST QUARTER OF SECTION 22; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 22 TO THE SOUTHWEST CORNER OF SECTION 14; THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 14, 1,400 FEET MORE OR LESS TO THE 5,500 FEET CONTOUR LINE AS DETERMINED BY U.S.G.S. QUADRANGLE DATUM; THENCE NORTHEASTERLY ALONG SAID 5,500 FEET CONTOUR LINE TO ITS INTERSECTION OF THE NORTH LINE OF SAID SECTION 14; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 14, 1,300 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SECTION 12; THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 12 TO THE SOUTHWEST CORNER OF SECTION 1; THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 1 TO THE WEST ONE-QUARTER CORNER OF SAID SECTION 1; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 1 TO THE WEST ONE- QUARTER CORNER OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 69 WEST; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 6 TO THE EAST ONE-QUARTER CORNER OF SAID SECTION 6; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 6, 1,800 FEET MORE OR LESS TO THE CENTERLINE OF THE HIGHLAND DITCH; THENCE Rocky Mountain Consultants, Inc. 1960 Industrial Circle, Suite A. Longmont, Colorado 80501 303772-5282 Offices also in Denver and Estes Park, CO Metro line: 665-6283 Fax No. 6656959 SOUTHEAST ALONG SAID CENTERLINE OF THE HIGHLAND DITCH TO ITS INTERSECTION OF THE NORTH-SOUTH CENTERLINE OF SECTION 8; THENCE SOUTH ALONG SAID NORTH-SOUTH CENTERLINE OF SECTION 8 TO THE NORTH ONE-QUARTER CORNER OF SECTION 17; THENCE SOUTH ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 17 TO THE NORTH ONE- QUARTER CORNER OF SECTION 20; THENCE SOUTH ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 20 TO THE CENTER ONE-QUARTER OF SECTION 20; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 20 TO THE EAST ONE-QUARTER CORNER OF SECTION 20; THENCE SOUTH ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 20 TO THE SOUTHEAST CORNER OF SAID SECTION 20; THENCE WEST ALONG THE SOUTH LINE OF SECTION 20 TO THE POINT OF BEGINNING. 95 DEPTBETC/1.3/LONGLEG.1 In�M11u�✓ LEGAL DESCRIPTION LONGS PEAK WATER DISTRICT (DIRECTOR DISTRICT 2) ALL THAT PART OF SECTIONS 9, 10, 11, 14, 15, 16, 17, 20, 21 , 22, 23 AND 28, TOWNSHIP 3 NORTH, RANGE 69 WEST OF THE 6TH P.M. , BOULDER COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 69 WEST; THENCE NORTH ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION TO THE EAST QUARTER CORNER THEREOF; THENCE WEST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION TO THE CENTER ONE-QUARTER CORNER OF SECTION 20; THENCE NORTH ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION TO THE SOUTH ONE-QUARTER CORNER OF SECTION 17; THENCE NORTH ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 17 TO THE CENTER ONE-QUARTER OF SAID SECTION 17; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 17 TO THE WEST ONE- QUARTER CORNER OF SECTION 16; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 16, 800 FEET MORE OR LESS TO THE HIGH WATER LINE OF TERRY LAKE; THENCE NORTHEASTERLY ALONG SAID HIGH WATER LINE OF TERRY LAKE TO A POINT ON THE NORTH LINE OF SECTION 16; THENCE EAST ALONG THE NORTH LINE OF SECTION 16 TO THE NORTHWEST CORNER OF SECTION 15; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 15 TO A POINT 330 FEET WEST OF THE NORTH- SOUTH CENTERLINE OF SECTION 15; THENCE SOUTH PARALLEL WITH SAID NORTH-SOUTH CENTERLINE TO A POINT ON THE EAST-WEST CENTERLINE OF SAID SECTION 15; THENCE EAST ALONG SAID EAST-WEST CENTERLINE TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 15; THENCE ALONG SAID EAST LINE TO A POINT ON THE SOUTH LINE OF SECTION 10; THENCE NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 10 TO A POINT ON THE CENTERLINE OF THE HIGHLAND DITCH; THENCE EASTERLY ALONG SAID CENTERLINE OF THE HIGHLAND DITCH TO A POINT ON THE WEST LINE OF SECTION 11; THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 11 TO THE NORTHWEST CORNER OF SAID SECTION 11; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 11 TO A POINT 1,320 FEET EAST OF THE NORTH ONE-QUARTER CORNER OF SAID SECTION 11; THENCE SOUTH PARALLEL WITH THE NORTH-SOUTH CENTERLINE OF SECTION 11 TO A POINT ON THE NORTH LINE OF SECTION 14; THENCE SOUTH ALONG A LINE 1,320 FEET EAST OF AND PARALLEL WITH THE NORTH-SOUTH CENTERLINE OF SECTION 14 TO A POINT ON THE NORTH LINE OF SECTION 23; THENCE SOUTH ALONG A LINE 1,320 FEET EAST OF AND PARALLEL WITH THE NORTH- SOUTH CENTERLINE OF SECTION 23 TO A POINT ON THE SOUTH LINE OF SECTION 23; THENCE WEST ALONG THE SOUTH LINE OF SECTION 23 TO THE SOUTHEAST CORNER OF SECTION 22; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 22 TO THE SOUTHEAST CORNER OF SECTION 21; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 21 1,200 FEET; THENCE NORTH TO THE EAST-WEST CENTERLINE OF SECTION 21; THENCE WEST ALONG SAID EAST-WEST CENTERLINE TO THE NORTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED BY DEED AT RECEPTION N0. 110729 OF BOULDER COUNTY RECORDS; THENCE ALONG SAID TRACT BOUNDARY THE FOLLOWING 3 COURSES: SOUTH 250 FEET; WEST 348.48 FEET; NORTH 250 FEET; THENCE WEST 500 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21; THENCE SOUTH TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE EAST TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE SOUTH TO THE SOUTH ONE-QUARTER CORNER OF SECTION 21; THENCE WEST TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21; THENCE NORTH TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SOUTHWEST QUARTER OF SECTION 21; THENCE WEST TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SOUTHWEST QUARTER OF SECTION 21; THENCE SOUTH TO THE POINT OF BEGINNING. TOGETHER WITH ALL THAT PART OF NORTHWEST ACRES SUBDIVISION AS PLATTED AND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 69 WEST OF THE 6TH P.M. , BOULDER COUNTY, COLORADO. EXCEPTING THEREFROM ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 69 WEST OF THE 6TH P.M. , BOULDER COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 21 ; THENCE ALONG THE NORTH LINE OF SAID SECTION EAST 213 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING EAST 1, 100 FEET; THENCE SOUTH 209 FEET; THENCE EAST 209 FEET; THENCE NORTH 209 FEET; THENCE ALONG THE NORTH LINE OF SECTION 21 TO THE NORTH ONE-QUARTER CORNER THEREOF; THENCE SOUTH TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 21; THENCE WEST TO THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID NORTHWEST QUARTER; THENCE NORTH ALONG THE WEST LINE OF SECTION 21 TO A POINT WHENCE THE NORTHWEST SECTION CORNER THEREOF BEARS NORTH 218.5 FEET; .THENCE EAST 213 FEET; THENCE NORTH 214.2 FEET TO THE POINT OF BEGINNING. DEPT8ETC/1 .3/LONGLEG.2 flit N engineers • planners • surveyors LEGAL DESCRIPTION LONGS PEAK WATER DISTRICT (DIRECTOR DISTRICT 3) ALL THAT PART OF SECTIONS 3, 4, 5 AND 6, TOWNSHIP 2 NORTH, RANGE 68 WEST, SECTIONS 6, 7, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33 AND 34, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO, AND SECTIONS 1, 11, 12, 13, 14, 23, 24, 25 AND 26, TOWNSHIP 3 NORTH, RANGE 69 WEST, BOULDER COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 23, TOWNSHIP 3 NORTH, RANGE 69 WEST OF THE 6TH P.M. , BOULDER COUNTY, COLORADO; THENCE EAST ALONG THE SOUTH LINE OF SECTION 23 1,320 FEET; THENCE NORTH PARALLEL WITH THE NORTH-SOUTH CENTERLINE OF SECTION 23 TO A POINT ON THE SOUTH LINE OF SECTION 14; THENCE • ALONG A LINE 1,320 FEET EAST OF AND PARALLEL WITH THE NORTH-SOUTH CENTERLINE OF SECTION 14 TO A POINT ON THE SOUTH LINE OF SECTION 11; THENCE ALONG A LINE 1,320 FEET EAST OF AND PARALLEL WITH THE NORTH-SOUTH CENTERLINE OF SECTION 11 TO A POINT ON THE NORTH LINE OF SAID SECTION 11; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 11 TO THE NORTHWEST CORNER OF SECTION 12; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 12 TO THE CENTERLINE OF THE NEW ISH DITCH; THENCE NORTHEASTERLY ALONG SAID CENTERLINE OF THE NEW ISH DITCH TO THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER OF SECTION 1; THENCE NORTH ALONG SAID WEST LINE OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER TO THE NORTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER OF SECTION 1; THENCE EAST ALONG THE NORTH LINE OF SAID EAST ONE-HALF OF THE SOUTHEAST QUARTER OF SECTION 1 TO THE WEST ONE-QUARTER CORNER OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO; THENCE EAST ALONG _ THE EAST-WEST CENTERLINE OF SAID SECTION 6 TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 6; THENCE SOUTH ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 6 TO THE NORTH ONE-QUARTER CORNER OF SECTION 7; THENCE SOUTH ALONG THE NORTH- SOUTH CENTERLINE OF SAID SECTION 7 TO THE NORTH ONE-QUARTER CORNER OF SECTION 18; THENCE SOUTH ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 18 TO THE CENTER ONE-QUARTER CORNER OF SECTION 18; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 18 TO THE WEST QUARTER CORNER OF SECTION 17; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 17 TO THE CENTER ONE- QUARTER CORNER OF SAID SECTION 17; THENCE SOUTH ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 17 TO THE NORTH ONE-QUARTER CORNER OF SECTION 20; THENCE SOUTH ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 20 TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 20; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 20 TO THE WEST ONE-QUARTER CORNER OF SECTION 21; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 21 TO THE WEST ONE- QUARTER CORNER OF SECTION 22; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 22 TO THE EAST ONE-QUARTER CORNER OF SAID SECTION 22; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 22 TO THE NORTHEAST CORNER OF SECTION 27; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 27 TO THE NORTHEAST CORNER OF SECTION 34; THENCE SOUTH ALONG THE EAST LINE OF SAID Rocky Mountain Consultants, Inc. 1960 Industrial Circle, Suite A, Longmont, Colorado 80501 303-772-5282 Offices also in Denver and Estes Park, CO Metro line: 665.6283 Fax No. 665-6959 SECTION 34 TO THE CENTERLINE OF ST. VRAIN RIVER; THENCE WESTERLY ALONG THE CENTERLINE OF THE ST. VRAIN RIVER TO A POINT ON THE EAST LINE OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO; THENCE CONTINUING WESTERLY ALONG THE CENTERLINE OF THE ST. VRAIN RIVER TO A POINT ON THE EAST-WEST CENTERLINE OF SAID SECTION 4; THENCE WEST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 4 TO THE EAST ONE-QUARTER CORNER OF SECTION 5; THENCE WEST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 5 TO THE EAST ONE- QUARTER CORNER OF SECTION 6; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 6 TO A POINT ON THE HIGH WATERLINE OF UNION RESERVOIR; THENCE NORTHERLY ALONG SAID HIGH WATERLINE TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO; THENCE CONTINUING NORTHERLY ALONG SAID HIGH WATERLINE TO THE NORTHWEST CORNER OF SAID SECTION 32; THENCE WESTERLY ALONG SAID HIGH WATERLINE TO A POINT ON THE SOUTHERLY LINE OF SECTION 30; THENCE SOUTHERLY ALONG SAID HIGH WATERLINE OF UNION RESERVOIR TO A POINT ON THE SOUTH LINE OF SECTION 31 , SAID POINT ALSO BEING ON THE NORTH LINE OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 68 WEST; THENCE SOUTHEASTERLY ALONG SAID HIGH WATERLINE TO A POINT ON THE SOUTH LINE OF THE NORTH ONE-HALF OF THE NORTH ONE-HALF OF SAID SECTION 6; THENCE WEST ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF THE NORTH ONE- HALF OF THE NORTH ONE-HALF OF SECTION 6; THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 6 TO THE SOUTHWEST CORNER OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 68 WEST; THENCE NORTH ALONG THE WEST LINE OF SECTION 31 TO THE SOUTHEAST CORNER OF SECTION 25, TOWNSHIP 3 NORTH, RANGE 69 WEST OF THE 6TH P.M. , BOULDER COUNTY, COLORADO; THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 25 TO A POINT ON THE HIGH WATERLINE OF JIM HAMM PARK LAKE; THENCE NORTHERLY AND WESTERLY ALONG SAID HIGH WATERLINE EXTENDED TO A POINT ON THE EAST LINE OF THE WEST HALF OF SAID SOUTHEAST QUARTER; THENCE NORTH 2, 100 FEET MORE OR LESS TO THE NORTHEAST CORNER OF THE WEST HALF OF SAID SOUTHEAST QUARTER; THENCE WEST TO THE CENTER QUARTER CORNER OF SECTION 25; THENCE NORTH ALONG THE NORTH-SOUTH CENTERLINE OF SECTION 25 TO THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 66; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE WEST LINE OF SAID SECTION 25; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE WEST RIGHT-OF-WAY LINE OF PACE ROAD; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE OF PACE ROAD TO A POINT ON THE EAST-WEST CENTERLINE OF SECTION 26; THENCE EAST TO THE WEST ONE-QUARTER CORNER OF SECTION 25; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SECTION 25 TO THE NORTHEAST CORNER OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 25• THENCE SOUTH 00°03'09" EAST ALONG THE EAST LINE OF THE WEST HALF OF SAID SOUTHWEST QUARTER 1,336.40 FEET; THENCE ALONG THE NORTH LINE OF THAT TRACT OF LAND DESCRIBED BY DEED RECORDED ON FILM N0. 694 AT RECEPTION N0. 938756 OF BOULDER COUNTY RECORDS THE FOLLOWING COURSES: SOUTH 89°44'27" EAST 304.68 FEET; SOUTH 28°05'27" EAST 240.95 FEET; SOUTH 39°40'27' EAST 527.00 FEET; SOUTH 42°55'27" EAST 239.00 FEET; SOUTH 65°33'27" EAST 322.00 FEET; SOUTH 62°16'27" EAST 118.50 FEET; THENCE ALONG THE NORTH- SOUTH CENTERLINE OF SECTION 25, SOUTH 00°10'43" EAST 330. 11 FEET TO THE SOUTH ONE-QUARTER CORNER THEREOF; THENCE WEST TO THE SOUTHWEST CORNER OF SECTION 25; THENCE NORTH TO THE WEST QUARTER CORNER OF SECTION 25; THENCE WEST ALONG THE EAST-WEST CENTERLINE OF SECTION 26 TO THE CENTER ONE-QUARTER CORNER THEREOF; THENCE ALONG THE NORTH-SOUTH CENTERLINE OF SECTION 26 TO THE SOUTH ONE-QUARTER CORNER OF SECTION 23, AND THE TRUE POINT OF BEGINNING. 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