HomeMy WebLinkAbout20220202.tiffRECEIVED
DEC 292021
Michael Davis
From:
Sent:
To:
Cc:
Subject:
Attachments:
Good morning Ms. Gesick,
Michael Davis COMMISSIONERS
Friday, December 24, 2021 10:35 AM
egesick@weldgov.com
Michael Davis; Marisa Davis
Notices to Weld County BOCC from Real Weld and Platte River Metropolitan Districts
45 -Day Notice to BOCC Re FRIA IGA and Projects - PRMD (12.24.21).pdf; 45 -Day Notice
to BOCC Re WAWDA IGA - PRMD (12.24.21).pdf; 45 -Day Notice to BOCC Re FRIA IGA -
REALWLD (12.24.21).pdf
Please find attached three separate notices to the Weld County Board of County Commissioners, as follows:
1. NOTICE OF INTENT BY PLATTE RIVER METROPOLITAN DISTRICT TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH WELD ADAMS WATER DEVELOPMENT AUTHORITY;
2. NOTICE OF INTENT BY PLATTE RIVER METROPOLITAN DISTRICT TO UNDERTAKE PUBLIC IMPROVEMENT
PROJECTS AND TO ENTER INTO AN INTER -GOVERNMENTAL AGREEMENT; and
3. NOTICE OF INTENT BY REAL WELD METROPOLITAN DISTRICT TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH PLATTE RIVER METROPOLITAN DISTRICT.
These notices are required by the service plans for each of the districts.
Please don't hesitate to contact me if you or any of the Commissioners have any questions about these notices.
Kind regards,
Michael
l AW OFFICE 0 MICHAEL E. DAVIS, 1_ LC
michael(a�mdavislawoffice.com
(720) 324-3130
This email and
any files transmitted with it
may be confidential attorney -client communications or may otherwise be
privileged or confidential and are
intended solely
for the individual or entity to whom they are addressed. If you are not the intended recipient, please
do not read, copy or retransmit this
communication
but destroy it immediately.
Any unauthorized dissemination, distribution or copying of this communication is prohibited.
CO Ri-&u n'. cocbo ns 1 2022-0202
O1/1? /n SDo 141
Esther Gesick
From: Chloe White
Sent: Wednesday, December 29, 2021 1:25 PM
To: CTB-weld-districts
Cc: Esther Gesick; Mariah Higgins
Subject: RE: Notices to Weld County BOCC from Real Weld and Platte River Metropolitan
Districts
Jan,
Per the below email string between the District and Esther, please provide the originals to Esther.
Thank you!
Chloe A. White
Deputy Clerk to the Board Supervisor
Clerk to the Board's Office
Weld County
1150 0 Street
Greeley, CO 80631
Tel: (970) 400-4213
Email: crempel@weldgov.com
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure. If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
From: CTB-weld-districts <weld-districts@weldgov.com>
Sent: Wednesday, December 29, 2021 1:18 PM
To: Chloe White <crempel@weldgov.com>
Cc: Esther Gesick <egesick@weldgov.com>; Mariah Higgins <mhiggins@weldgov.com>
Subject: FW: Notices to Weld County BOCC from Real Weld and Platte River Metropolitan Districts
Chloe,
My list states service Plans go to you. Please note, the original documents mailed, were received today.
Thank you,
Jan Warwick
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
tel: 970-400-4217
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure. If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
From: Esther Gesick <egesick@weldgov.com>
Sent: Monday, December 27, 20218:53 AM
To: Michael Davis <michael@mdavislawoffice.com>
Cc: Chloe White <crempel@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Marisa Davis
<marisa@mdavislawoffice.com>
Subject: RE: Notices to Weld County BOCC from Real Weld and Platte River Metropolitan Districts
Sounds good — and a Happy New Year to you as well!
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 7581 Greeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Michael Davis <michael@mdavislawoffice.com>
Sent: Monday, December 27, 20218:49 AM
To: Esther Gesick <egesick@weldgov.com>
Cc: Chloe White <crempel@weldgov.com>; Jan Warwick <iwarwick@weldgov.com>; Michael Davis
<michael@mdavislawoffice.com>; Marisa Davis <marisa@mdavislawoffice.com>
Subject: RE: Notices to Weld County BOCC from Real Weld and Platte River Metropolitan Districts
f,..itit;o j: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good morning Esther,
Thank you for confirming receipt. You'll also be receiving hard copies by US mail.
2
Please let me know if you or any of the Commissioners have any questions.
Happy new year,
Michael
LAW OFFICE OF MICHAEL E. DAVIS, LLC
michael@mdavislawoffice.com
(720) 324-3130
This email and
any files transmitted with it
may be confidential attorney -client communications or may otherwise be privileged or confidential and are
intended solely
for the individual or entity to whom they are addressed. If you are not the intended
recipient, please do not read, copy or retransmit this
communication
but destroy it immediately.
Any unauthorized
dissemination,
distribution
or copying
of this communication is prohibited.
From: Esther Gesick <egesick@weldgov.com>
Sent: Monday, December 27, 20218:47 AM
To: Michael Davis <michael@mdavislawoffice.com>; Marisa Davis <marisa@mdavislawoffice.com>
Cc: Chloe White <crempel@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>
Subject: FW: Notices to Weld County BOCC from Real Weld and Platte River Metropolitan Districts
Hello Michael,
These items have been received. By copy on this message, we will process accordingly.
Thank you,
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758/Greeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Michael Davis <michael@mdavislawoffice.com>
Sent: Friday, December 24, 2021 10:35 AM
To: Esther Gesick <egesick@weldgov.com>
Cc: Michael Davis <michael@mdavislawoffice.com>; Marisa Davis <marisa@mdavislawoffice.com>
Subject: Notices to Weld County BOCC from Real Weld and Platte River Metropolitan Districts
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
3
Good morning Ms. Gesick,
Please find attached three separate notices to the Weld County Board of County Commissioners, as follows:
1. NOTICE OF INTENT BY PLATTE RIVER METROPOLITAN DISTRICT TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH WELD ADAMS WATER DEVELOPMENT AUTHORITY;
2. NOTICE OF INTENT BY PLATTE RIVER METROPOLITAN DISTRICT TO UNDERTAKE PUBLIC IMPROVEMENT
PROJECTS AND TO ENTER INTO AN INTER -GOVERNMENTAL AGREEMENT; and
3. NOTICE OF INTENT BY REAL WELD METROPOLITAN DISTRICT TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH PLATTE RIVER METROPOLITAN DISTRICT.
These notices are required by the service plans for each of the districts.
Please don't hesitate to contact me if you or any of the Commissioners have any questions about these notices.
Kind regards,
Michael
LAW OFFICE OF MICHAEL E. DAVIS, LLC
michael@mdavislawoffice.com
(720) 324-3130
This email and any files transmitted with it may be confidential attorney -client communications or may otherwise be privileged or confidential and are
intended solely for the individual or entity to whom they are addressed. If you are not the intended recipient, please do not read, copy or retransmit this
communication but destroy it immediately. Any unauthorized dissemination, distribution or copying of this communication is prohibited.
LAW OFFICE OF MICHAEL E. DAVIS, LLC
December 24, 2021
RECEIVED
DELIVERED VIA US MAIL AND EMAIL TO: esesick(u)weldaov.com DEC 2 9 2021
Weld County Board of County Commissioners WELD COUNTY
1150 O Street COMMISSIONERS
P.O. Box 758
Greeley, Colorado 80631
Attn: Esther E. Gesick, Clerk to the Board
RE: NOTICE OF INTENT BY PLATTE RIVER METROPOLITAN DISTRICT TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT WITH WELD ADAMS WATER DEVELOPMENT
AUTHORITY
Dear Commissioners:
Pursuant to Section IX of the Service Plan for Platte River Metropolitan District (the "District")
approved by the Weld County Board of County Commissioners (the "BOCC") on September 23, 2019 by
way of Resolution No. 2019-4142 and § 32-1-207(3)(b), enclosed is a copy of the publication to be made
on December 29, 2021 in The Greeley Tribune to provide notice that the District proposes to execute an
intergovernmental agreement ("IGA") with Weld Adams Water Development Authority ("WAWDA"), an
existing water authority established in 2017 by United Water & Sanitation District and South Beebe Draw
Metropolitan District pursuant to § 29-1-204.2, et seq.
WAWDA was established for the purpose of, among other things, creating a process and
mechanism for the financing, design, construction, acquisition, operation, maintenance, and use of water
facilities and services in conjunction and cooperation with the contracting parties to its establishing
contract. By executing the WAWDA IGA, the District will be better able to fulfill the purpose as stated
in Section V(A)(1) of its Service Plan, "to plan for, design, acquire, construct, install, relocate, redevelop
and finance the Public Improvements and to provide operation and maintenance of the Public
Improvements under agreements with other entities and local governments," as well as to better ensure
the long-term provision of the Public Improvements identified in its Service Plan. The Public
Improvements and Primary Infrastructure Plan as provided in the District's Service Plan are incorporated
in the IGA, and all such improvements and infrastructure constructed or funded by the District pursuant to
the IGA using public funds derived from Weld County property taxes will be located solely within the
boundaries of Weld County. A form of the proposed WAWDA IGA is enclosed with this letter
notification.
In accordance with Section IX of the Service Plan, if within 45 days of the District's publication
of a notice regarding the District's execution of an IGA the BOCC provides a written objection to the
District regarding such IGA, then the entry into that IGA without the prior written approval of the BOCC
shall be considered a material modification of the Service Plan and shall be resolved only in accordance
with Section 32-1-207(2), C.R.S.
Neither the Service Plan nor §§ 32-1-207(2)-(3) C.R.S. require the BOCC to conduct a public
hearing to approve the District's execution of the WAWDA IGA, but the BOCC but may do so at its own
5910 S. University Blvd., Ste. C18-203 michael( rndavislawoflce.com
Greenwood Village, CO 80121 (720) 324-3130
Weld County Board of County Commissioners
Re: Notice of Intent to Execute an IGA With WAWDA
Page 2
discretion. If the BOCC does not object to the District's execution of the WAWDA IGA, no specific
action is necessary or required to be taken by the BOCC. Please contact me if you have any questions
about this notice, or if the BOCC intends to conduct a public hearing in connection with the District's
execution of the WAWDA IGA.
Sin rely,
c ael E. Davi
Law Office of Michael E. Davis, LLC
General Counsel,
Platte River Metropolitan District
Enclosures:
Publication Notice Re: Intent to Enter Into An IGA
Form of WAWDA IGA
cc: Board of Directors, Platte River Metropolitan District
NOTICE OF INTENT TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT
(Pursuant to § 32-1-207(3)(b), C.R.S.)
IN RE THE MATTER OF PLATTE RIVER METROPOLITAN DISTRICT, WELD COUNTY,
COLORADO
NOTICE IS HEREBY GIVEN that the Board of Directors of Platte River Metropolitan
District (the "District"), Weld County, Colorado, proposes to execute an intergovernmental
agreement (the "IGA") with Weld Adams Water Development Authority ("WAWDA"), an
existing water authority established in 2017 by United Water & Sanitation District and South
Beebe Draw Metropolitan District pursuant to § 29-1-204.2, et seq. Entering into the IGA will
allow the District to cooperate with WAWDA to finance, design, construct, acquire, operate,
maintain, and use certain public improvements and infrastructure which may include, without
limitation, the development of water resources, systems, or facilities, in whole or in part, such as
water storage facilities, recharge facilities, diversion structures and facilities, wells, well sites,
pumping facilities, water treatment facilities, pipelines and other facilities to be used in the
withdrawal, storage, treatment and transmission of water. All such public improvements and
infrastructure constructed or funded by the District in cooperation with WAWDA will be located
within Weld County, Colorado.
NOTICE IS FURTHER GIVEN that pursuant to § 32-1-207(3)(b), C.R.S., any action
to enjoin the District's execution of the WAWDA IGA as a material departure from the District's
service plan must be brought within forty-five days from the publication of this notice, which
date is February 12, 2022.
BY ORDER OF THE BOARD OF DIRECTORS OF PLATTE RIVER METROPOLITAN
DISTRICT, WELD COUNTY, COLORADO.
By: LAW OFFICE OF MICHAEL E. DAVIS, LLC
Attorneys for the District
Publish On: Wednesday, December 29, 2021
Publish In: The Greeley Tribune
FIRST AMENDED AND RESTATED
WELD ADAMS WATER DEVELOPMENT AUTHORITY
ESTABLISHING CONTRACT
THIS FIRST AMENDED AND RESTATED WELD ADAMS WATER DEVELOPMENT
AUTHORITY ESTABLISLHING CONTRACT ("Contract") is made and entered into effective as of
(the "Effective Date"), by and between United Water & Sanitation District ("United"),
South Beebe Draw Metropolitan District ("South Beebe") and Platte River Metropolitan District ("Platte
River"), each a quasi -municipal corporation and political subdivision of the State of Colorado. United,
South Beebe and Platte River are collectively referred to herein as the "Contracting Parties," and may be
individually referred to herein as a "Contracting Party."
RECITALS
A. United is a duly organized and existing water and sanitation district within Elbert County,
Colorado, providing water services and facilities throughout the front range of Colorado.
B. South Beebe is a duly organized and existing metropolitan district within Adams County,
Colorado, providing services and facilities within and without its boundaries.
C. Platte River is a duly organized and existing metropolitan district within Weld County,
Colorado, providing services and facilities within and without its boundaries in Weld County.
D. The Contracting Parties wish to cooperate to provide water systems, facilities and
infrastructure in northeastern Colorado.
E. The Contracting Parties are authorized by the provisions of Colo. Const. art. XIV, § 18,
C.R.S. §29-1-201, et seq., and C.R.S. §31-35-402 to enter into contracts with other local governments.
F. Each of the Contracting Parties are authorized to own and operate water systems or
facilities and, pursuant to §29-1-204.2, C.R.S., may establish, by contract with each other, a separate
governmental entity, to be known as a water authority, to be used by such Contracting Parties to effect the
development of water resources, systems, or facilities in whole or in part for the benefit of the inhabitants
of such Contracting Parties or others at the discretion of the board of directors of such water authority.
G. United and South Beebe entered into that certain Weld Adams Water Development
Authority Establishing Contract dated September 6, 2017, as later amended by that certain First
Amendment to the Weld Adams Water Development Authority Establishing Contract dated September
25, 2018 (collectively, the "Original Establishing Contract") pursuant to § 29-1-204.2, et seq., C.R.S.
H. United and South Beebe wish to amend and restate the Original Establishing Contract in
its entirety by way of this Contract, and the Contracting Parties desire that Platte River hereby become a
party to the Weld Adams Water Development Authority.
I. The Contracting Parties have determined it is in the best interests of their respective
taxpayers and service users to establish a separate legal entity pursuant to § 29-1-204.2, et seq., C.R.S., to
Page 1 of 13
provide, own, operate, and fmance public improvements and infrastructure to facilitate the purposes,
functions and services for which each of them was established.
COVENANTS AND AGREEMENTS
In consideration of the foregoing Recitals, which are incorporated by reference into this Contract, and
in consideration of the mutual promises and undertakings herein set forth, the Contracting Parties agree as
follows:
ARTICLE 1. NAME OF ENTITY
1.1 Name of Entity and Legal Status. This Contract amends and restates the Original
Establishing Contract in its entirety and shall henceforth serve as the establishing contract for the water
authority known as the Weld Adams Water Development Authority (the "Authority") which was
established on September 6, 2017. Pursuant to and in accordance with § 29-1-204.2, et seq., C.R.S., the
Authority is a political subdivision and public corporation of the State of Colorado that is a legal entity
separate from the Contracting Parties.
ARTICLE 2. PURPOSE, TERM AND INITIAL CONTRIBUTIONS
2.1 Purpose / Service Area. The purpose of the Authority is to finance, design, construct,
acquire, operate, maintain and use water facilities, infrastructure and services, including without
limitation the Infrastructure Plan shown in Exhibit A, attached hereto and made a part hereof by this
reference. The Authority's projects and infrastructure plans include, without limitation, the development
of water resources, systems, or facilities, in whole or in part, such as water storage facilities, recharge
facilities, diversion structures and facilities, wells, well sites, pumping facilities, water treatment facilities,
pipelines and other facilities to be used in the withdrawal, storage, treatment and transmission of water.
With respect to Platte River only, all such improvements and infrastructure constructed or funded
using public funds derived from Weld County property taxes shall be located solely within the boundaries
of Weld County. In addition, if such proposed public improvements include Platte River's ownership of
storage in any reservoir, the water stored and released in such Platte River's storage space will be used
for: (a) direct non -potable delivery to water users within Weld County; (b) augmentation of depletions
which, if not augmented, would have an impact on any river, stream, or groundwater located in Weld
County; (c) replacement of diversions by release of such stored water into a river or stream, a canal or a
recharge or other groundwater management facility in Weld County; or (d) exchange or transfer to
another reservoir to facilitate either (a), (b), or (c) above.
Prior to providing services to any other party, whether inside or outside of the boundaries of the
Contracting Parties, the Authority shall enter into a written agreement with such party that specifies the
conditions or requirements related to the provision of such services and such agreement shall be duly
authorized and approved by the Board.
2.2 Term / Disposition, Division or Distribution of Assets. In accordance with Colorado
Revised Statute §29-1-204.2(2)(d), and notwithstanding any provision of law limiting the length of any
financial contracts or obligations of governments, this Contract shall continue until terminated pursuant to
a written resolution and unanimous vote of the Board of Directors of the Authority in favor of
Page 2 of 13
termination; except that this Contract may not be terminated so long as the Authority has bonds, notes or
other obligations outstanding, unless provision for full payment of such obligations, by escrow or
otherwise, has been made pursuant to terms of such obligations. In the event that this Contract is
terminated or the Authority is otherwise dissolved, all of Authority's property and assets shall be disposed
of, or divided or distributed to one or more of the Contracting Parties or other governmental entity at the
direction and discretion of the Board.
2.3 Initial Contributions. The Contracting Parties acknowledge that on or about September
26, 2017 certain assets, contracts, receivables and budgeted projects were assigned to the Authority from
the Platte River Water Development Authority ("PRWDA"), a Colorado water development authority
established and organized by United, South Beebe and Sand Hills Metropolitan District, a quasi -
municipal corporation and political subdivisions of the State of Colorado, pursuant to and in accordance
with C.R.S. §29-1-204.2, et seq. The Contracting Parties further acknowledge that United and South
Beebe contributed, in the aggregate, approximately $10.4 million to the Authority in fiscal years 2017-
2020. To the extent that any initial contribution from either United or South Beebe as set forth in the
Original Establishing Contract remains outstanding as of the Effective Date, such amount may be
appropriated by such Contracting Party as a future contribution to the Authority. All future contributions
by the Contracting Parties will be agreed upon from time to time, but not less than annually, based on
project funding needs. The Contracting Parties acknowledge and agree that Platte River will not provide
any funding contributions in connection with any Authority projects that are located outside the
boundarie 'of Weld County.
ARTICLE 3. GOVERNING BODY
PART A. BOARD OF DIRECTORS
3.1- Establishment and Organization of the Board of Directors
3.1.1 General. The Authority shall be governed by a Board of Directors ("Board" or
"Board of Directors"). There shall be five directors appointed to the Board.
3.1.2 Appointment of Board. One (1) director shall be appointed by United. Such
United appointee may be a director of United, or may be an engineer, water attorney, manager,
accountant, or other consultant of United. One (1) director shall be appointed by South Beebe.
Such South Beebe appointee may be a director of South Beebe, or may be an engineer, water
attorney, manager, accountant, or other consultant of South Beebe. One (1) director shall be
appointed by Platte River. Such Platte River appointee may be a director of Platte River, or may
be an engineer, water attorney, manager, accountant, or other consultant of Platte River. Two (2)
directors shall be appointed by joint resolution of United, South Beebe and Platte River. Each
director appointed by joint resolution may be a director of United, South Beebe or Platte River, an
engineer, water attorney, manager, accountant, or other consultant of United, South Beebe or
Platte River, or an individual with expertise in the area of water resource development in
Colorado.
3.1.3 Term of Directors. The directors appointed under Section 3.1.2 shall serve
indefinitely until they resign or their directorship is rescinded in writing by appointing entity or
entities. Any director may resign upon written notice to the Board of Directors.
Page 3 of 13
3.1.4 Vacancies. Upon the resignation or rescission of a director, a new director shall
be appointed to fill such vacancy in the same manner as described in Section 3.1.2, that is, if the
vacancy was for a director originally appointed by one of the Contracting Parties then that
Contracting Party shall appoint a new director; if the vacancy is for a Board -appointed director, a
new director shall be appointed by the majority vote of those directors of the Board in attendance
at the meeting where the appointment is made.
3.1.5 Removal. Any director who fails to attend three consecutive meetings of the
Board of Directors may be removed by resolution of the Board of Directors, unless the absences
of the director are excused.
3.1.6 Bond. No fidelity or other bond shall be required by any director,
3.1.7 Compensation. No director shall receive compensation except for
reimbursement of direct expenses incurred by a director which is approved by the Board.
3.1.8 Officers and Duties. The directors shall elect annually at the first meeting of
each calendar year a President, a Vice -President, a Secretary and Treasurer; provided, however,
that the Secretary may be a person other than a director, and provided further that the same person
may serve as both Secretary and Treasurer, but in such case, he or she shall be a director. The
President shall chair all meetings. Whenever the President is absent, the Vice -President shall
assume the duties of the President. The Secretary shall keep in a visual text format that may be
transmitted electronically a record of all the Authority's proceedings, minutes of all meetings,
certificates, contracts, bonds given by employees, and all corporate acts. The Treasurer shall
keep strict and accurate accounts of all money received by or disbursed for and on behalf of the
Authority in permanent records and is authorized to invest the funds of the Authority pursuant to
Section 4.2 herein.
PART B. VOTING BY THE BOARD OF DIRECTORS
3.2 Ouorum. A quorum shall be necessary for any action to be taken by the Board. A
quorum of the Board of Directors is as follows:
# of Directors Serving on the Board
# of Directors Constituting a Quorum
1
1
2
1
3
2
4
2
5
3
3.3 Voting. Unless otherwise specifically provided for herein, a vote of a majority of the
directors in attendance at a meeting of the Authority shall be sufficient for action to be taken by the
Board.
PART C. DUTIES OF THE BOARD
Page 4 of 13
3.4 Business of the Authority. The Board shall conduct the business of the Authority in
good faith and utilizing a reasonable businessperson standard.
3.4.1. Budgets, Accounting and Audits. Pursuant to C.R.S., §29-1-204.2(20((b)(IV),
the Board is obligated to comply with the provisions of Parts 1, 5 and 6 of Article 1, Title 29.
The Board shall make provision for annual budgets, and for audits, when required, all in
accordance with local government accounting standards.
3.5 Meetings.
3.5.1. Regular Meeting. The Board shall meet annually unless otherwise determined
by the Board. The regular meeting of the Board shall be held 7887 East Belleview Avenue, Suite
700, Denver, Colorado 80111, on the fourth Tuesday of October of each year. Notice of the
meeting shall be made by email to each director of the Board no less than 24 hours prior to the
meeting.
3.5.2. Special Meetings. Special meetings may be called with the consent of any
director of the Board (which consent may be evidenced in writing or electronically). At least
three (3) days notice must be provided to all directors of the Board prior to a special meeting
provided that this requirement may be waived with the unanimous concurrence of the Board.
3.5.3. Emergency Meetings. In the event of extraordinary circumstances which
require immediate action by the Board to maintain compliance with state and federal laws, or
prevent an eminent threat to public health, an emergency meeting may be scheduled as soon as
possible and best efforts shall be made to notify all directors of the Board of such emergency
meeting.
3.6 Agenda and Action Items. Any director may include an item for discussion or action on
the Board agenda prior to the minimum required notice for such meeting. No action may be taken by the
Board on any item which was not included on the agenda prior to the minimum required notice for such
meeting without the unanimous consent of the directors to add such action item to the agenda.
3.6.1 Annual List of Improvements. In conjunction with the Authority's annual budget
process, the Board shall approve a list of improvements to be acquired, financed, or constructed
during the next calendar year, and such lists may be inclusive or exclusive of the Primary
Infrastructure Plan included in Exhibit A. The Board shall review prior lists of improvements and
make such revisions as necessary. The Board may appoint a committee to develop the list of
improvements. The approved list shall be subject to financing contingencies and requirements,
and the Board may at any time determine to defer, forego, reschedule, or restructure the financing
and construction of the list of improvements, to better accommodate the pace of growth, resource
availability, and arrangements and agreements with other entities. Nothing herein shall require
the Authority to construct or finance any particular improvement or the Primary Infrastructure
Plan.
3.7 Open Meetings. The Authority is a political subdivision and public corporation of the
state, separate from the Contracting Parties, within the meaning of the Colorado Open Meetings Law
Page 5 of 13
(C.R.S. §24-6-401, et seq.), and records of its proceedings and any other documents in its possession or
subject to its control shall be subject to the Public Records Act (C.R.S. §24-72-201, et seq.).
ARTICLE 4. POWERS OF THE AUTHORITY
4.1 General Powers. The general powers of the Authority shall include all of the powers
provided by §29-1-204.2(3), et seq., C.R.S. Without limiting the foregoing, the Authority shall have the
duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate.
4.2 Financial Powers. The provisions of articles 10.5 and 47 of title 11, and part 6 of article
75 of Title 24, C.R.S., shall apply to moneys of the Authority.
4.2.1. The bonds, notes, and other obligations of the Authority shall not be the debts,
liabilities, or obligations of Contracting Parties or any parties that may enter into this Contract in
the future.
4.2.2. The Authority is authorized to receive funds from proprietary revenues for
services rendered by the Authority, from proprietary revenues or other public funds as
contributions to defray the cost of any purpose set forth in this Contract, and from proprietary
revenues or other public funds as advances for any purpose subject to repayment by the
Authority.
4.2.3. To carry out the purposes for which the Authority was established, the Authority is
authorized to issue bonds, notes, or other obligations payable solely from the revenues derived
from the function, service, system, or facility or the combined functions, services, systems, or
facilities of the entity or from any other available funds of the Authority. The terms, conditions,
and details of said bonds, notes, and other obligations, the procedures related thereto, and the
refunding thereof shall be set forth in the resolution authorizing said bonds, notes, or other
obligations and, as nearly as may be practicable, shall be substantially the same as those provided
in part 4 of article 35 of title 31, C.R.S., relating to water and sewer revenue bonds; except that
the purposes for which the same may be issued shall not be so limited and except that said bonds,
notes, and other obligations may be sold at public or private sale. Bonds, notes, or other
obligations issued under this subsection shall not constitute an indebtedness of the entity or the
cooperating or Contracting Parties within the meaning of any constitutional or statutory
limitations or other provision. Each bond, note, or other obligation issued under this subsection
shall recite in substance that said bond, note, or other obligation, including the interest thereon, is
payable solely from the revenues and other available funds of the Authority pledged for the
payment thereof and that said bond, note, or other obligation does not constitute a debt of the
entity or the cooperating or Contracting Parties within the meaning of any constitutional or
statutory limitation or provision. Notwithstanding anything in this section to the contrary, such
bonds, notes, and other obligations may be issued to mature at such times not beyond forty years
from their respective issue dates, shall bear interest at such rates, and shall be sold at, above, or
below the principal amount thereof, all as shall be determined by the Board of Directors.
4.2.3.1. The resolution, trust indenture, or other security agreement under which
any bonds, notes, or other obligations are issued shall constitute a contract with the
holders thereof, and it may contain such provisions as shall be determined by the Board
Page 6 of 13
of Directors to be appropriate and necessary in connection with the issuance thereof and
to provide security for the payment thereof, including, without limitation, any mortgage
or other security interest in any revenues, funds, rights, or properties of the Authority.
The bonds, notes, and other obligations of the Authority and the income therefrom shall
be exempt from taxation by this state, except inheritance, estate, and transfer taxes.
4.3 Rates and Charges --Operation. The Authority shall impose and collect reasonable and
equitable operating rates and charges to recover the costs of operating, maintaining, repairing, and
replacing improvements. Such rates and charges shall be established and calculated based upon the actual
costs of operating, maintaining, repairing and replacing only the improvements and any other lines and
facilities necessary to serve the area for which the fees are imposed. Rates and charges may include
reasonable allocations of general and administrative overhead expenses.
Article 5. GENERAL PROVISIONS.
5.1. Standards of Service. Any improvements operated by the Authority shall fully comply
with all applicable federal, state and local statutes, regulations, ordinances, permits and orders, including
without limitation the Federal Clean Water Act. Where applicable, the Authority shall promulgate water
quality standards, treatment standards and discharge standards for all Authority improvements.
5.2. Partial Invalidity. If any portion of this Contract is determined by a court having
jurisdiction to be invalid or unenforceable, such judgment shall not affect, impair or invalidate the
remaining portions of this Contract, the intention being that the various provisions hereof are severable.
5.3. Amendment / Addition of Parties. No amendment to this Contract, including without
limitation any amendment to add a party to this Contract in the future, shall be effective unless it is in
writing and signed by the Authority and the Contracting Parties. Any amendment to add a party to this
Contract shall specify the conditions and requirements to be fulfilled by the party to be added.
Notwithstanding the foregoing, if a Contracting Party or a party added to the Contract after the Effective
Date wishes to withdraw, such withdrawal shall not become effective until the non -withdrawing parties
have consented to a written amendment to this Contract that removes the withdrawing party, such consent
to not be unreasonably delayed or withheld.
5.4. Governing Law. This Contract shall be governed by and construed in accordance with
the laws of the State of Colorado and applicable federal law.
5.5. Authority. Each Contracting Party represents and warrants that it has all requisite
power, corporate and otherwise, to execute, deliver and perform their obligations pursuant to this
Contract. Each Contracting Party represents and warrants to the other that the execution, delivery and
performance of this Contract has been duly authorized by it, and that upon execution and delivery, this
Contract will constitute a legal, valid and binding obligation, enforceable against it in accordance with
their terms.
5.6. Counterparts. This Contract may be executed in one or more counterparts, all of which
together shall constitute one and the same instrument.
Page 7 of 13
5.7. Further Assurance. Each of the Contracting Parties, at any time and from time to time,
will execute and deliver such further instruments and take such further action as may reasonably be
requested by any of the other Contracting Parties, in order to cure any defects in the execution and
delivery of, or to comply with or accomplish the covenants and agreements contained in this Contract
and/or any other agreements or documents related thereto.
5.8. Notices. If under the terms of this Contract, notice is to be provided to any Contracting
Party, said notice shall be deemed provided upon personal delivery or three (3) business days after the
mailing of the same by registered or certified mail, return receipt requested. The names of any person to
whom notice is to be sent may be modified by the affected Contracting Party by a written notice in
writing to the other Contracting Parties. Until so modified, the persons to receive notice are as follows:
United Water & Sanitation District:
c/o Wipfli, LLP
7887 East Belleview Avenue, Suite 700
Denver, Colorado 80111
Attn: Bill Hughes
With a copy to:
Law Office of Michael E. Davis, LLC
5910 S. University Blvd., Ste. C18-203
Greenwood Village, CO 80121
Attn: Michael Davis
Email: michael@mdavislawoffice.com
South Beebe Draw Metropolitan District
c/o Wipfli, LLP
7887 East Belleview Avenue, Suite 700
Denver, Colorado 80111
Attn: Bill Hughes
With a copy to:
Law Office of Michael E. Davis, LLC
5910 S. University Blvd., Ste. C18-203
Greenwood Village, CO 80121
Attn: Michael Davis
Email: michael@mdavislawoffice.com
Platte River Metropolitan District
c/o Wipfli, LLP
7887 East Belleview Avenue, Suite 700
Denver, Colorado 80111
Attn: Bill Hughes
With a copy to:
Law Office of Michael E. Davis, LLC
5910 S. University Blvd., Ste. C18-203
Page 8 of 13
Greenwood Village, CO 80121
Attn: Michael Davis
Email: michael@mdavislawoffice.com
5.9. Assignment. No Contracting Party shall assign its rights or obligations hereunder
without the prior, express and written consent of the other Contracting Parties.
5.10. No Third Party Beneficiaries. Nothing contained in this Contract is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any third -party,
including any agent, sub -consultant or sub -contractor of the Authority. Absolutely no third -party
beneficiaries are intended by this Contract. Any third -party receiving a benefit from this Agreement is an
incidental and unintended beneficiary only.
5.11. Entire Agreement. This Contract, including the items referenced herein or to be
attached in accordance with the provisions of this Contract, constitutes the entire agreement among the
Contracting Parties pertaining to the subject matter of this Contract and supersedes all prior and
contemporaneous agreements and understandings of the Contracting Parties as to the subject matter of
this Contract. No representation, warranty, covenant, agreement or condition not expressed in this
Contract shall be binding upon the Contracting Parties or shall change or restrict the provisions of this
Contract.
5.12. Governmental Immunity, Nothing in this Contract shall be construed as a waiver of the
rights and privileges of the Contracting Parties hereto pursuant to the Colorado Governmental Immunity Act,
§ 24-10-101, et seq., C.R.S., as the same may be amended from time to time.
[signature page follows]
Page 9 of 13
IN WITNESS WHEREOF, the Contracting Parties have set their hands and seals effective as of
the day and year first above written.
UNITED WATER & SANITATION
DISTRICT
Robert A. Lembke, President
ATTEST:
Ronald E. vonLembke
Treasurer/Assistant Secretary
ATTEST:
Ronald E. vonLembke, Treasurer/Secretary
ATTEST:
Ronald E. vonLembke, Treasurer/Secretary
APPROVED AS TO FORM:
Law Office of Michael E. Davis, LLC
SOUTH BEEBE DRAW METROPOLITAN
DISTRICT
Robert A. Lembke, President
APPROVED AS TO FORM:
Law Office of Michael E. Davis, LLC
PLATTE RIVER METROPOLITAN
DISTRICT
Robert A. Lembke, President
APPROVED AS TO FORM:
Law Office of Michael E. Davis, LLC
Page 10 of 13
WELD ADAMS WATER DEVELOPMENT
AUTHORITY
Printed name:
Title: President
ATTEST:
APPROVED AS TO FORM:
Printed name: Law Office of Michael E. Davis, LLC
Title: Vice President
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EXHIBIT A
Infrastructure Plan
The following WAWDA projects represent an interconnected network of water -related infrastructure
projects, including conveyance infrastructure, water storage facilities and recharge sites, being planned
and implemented to produce a reliable water supply program to support development in Weld, Adams and
other front range counties in Colorado and to help meet the associated increase in water demand:
o Section 25 Reservoir -- Section 25 Reservoir is proposed for construction primarily within
Section 25, 5N, 63W of the 6th PM in Weld County, Colorado. The reservoir will be filled via the
Riverside Canal by gravity for storage below the ditch level and by pumping for the upper storage. A
check structure within the ditch and forebay on its north bank will be constructed to deliver flows into
a pipe or series of pipes for delivery to the reservoir. The pump station is anticipated to be capable of
delivering up to 200 cfs to storage or directly to the 70 Ranch Recharge Facilities. The water stored in
Section 25 Reservoir will be delivered back to the South Platte or to the 70 Ranch Recharge facilities
for accretion credits.
o Milliken Diversion & Return -- A large diversion structure capable of diverting 100 cfs at
average river level is proposed on the north side of the Site on the South Platte River. The outlet
structure identified in the 404/442 Decree in Section 26, will also serve as a diversion structure and is
more specifically located as on the South Platte River downstream of its confluence with St. Vrain
Creek in approximately the NE'/4 of the SW'/4 of Section 26, Township 4 North, Range 67 West of the
6th P.M., Weld County, Colorado. The diversion will be constructed in the upland area and divert
water into a pipeline or series of pipes will deliver the water via gravity to fill the North Cell up to the
river level at an approximate maximum rate of 100 cfs. Once the reservoir fills to the river level a
gate will be closed and a pump station will be used to fill the remainder of the reservoir(s).
o Drouhard Recharge — The Site has a total area of approximately 126 acres and is located in the
Southwest Quarter of Section 30, Township 04 North, Range 66 West. The site is bound to the north
by a farm field, Weld County Road (WCR) 25.5 to the east, WCR 40 to the south and WCR 25 to the
west. The Site was previously an irrigated agricultural field with multiple oil and gas wells and
facilities including two large tank sites located along the northern property line and existing homes
located around the perimeter of the site. The farm was irrigated with water from the FIDCO ditch
located approximately one-half mile to the south of the site. Water was diverted through the headgate
and into an open ditch that conveyed the water to the northwest where the ditch turns to the north
along the east side of WCR 25.5 to the southeast corner of the site where a 12 -inch steel pipe
discharges the water into the existing concrete ditch that parallels WCR 40. Water flows to the west
in the existing concrete ditch where it flows into an existing 12 -inch pipe that conveys the water to
the forebay located by the center pivot pond. It is estimated the existing conveyance system can
deliver a maximum of 1.2 cfs to the Site. A preliminary geotechnical investigation indicates that 2- to
3 -feet of topsoil/overburden overlays approximately 52 -feet of mostly sand with some silt, medium
dense to dense (SM, SP) with groundwater ranging from 10 -to 21 -feet below existing grade. In
addition to water delivered to Drouhard via the existing irrigation laterals, a waterline from Milliken
Reservoir to Drouhard recharge is planned and a second waterline from alluvial groundwater wells
proposed near the Town of Gilcrest to control high groundwater levels are proposed to deliver water
to the Site.
Page 12 of 13
0 70 Ranch Recharge -- Large portions of 70 Ranch north of Riverside Canal are sand hills with
large valleys that could be used to recharge water and create accretion credits. These areas were
evaluated and included in numerous recharge ponds with varying accretion times and retiming wells
for control of the system.
0 70 Ranch Reservoir (including diversion structures and facilities related thereto) — operations
and maintenance of existing reservoir located in Weld County.
o Highlands Reservoir (including water storage, diversion structures and facilities related thereto)
— engineering, planning, construction, operations and maintenance of reservoir in Weld County.
o Milliken Reservoir (including water storage, diversion structures and facilities related thereto) --
engineering, planning, construction, operations and maintenance of reservoir in Weld County.
o Holten Reservoir (including water storage, diversion structures and facilities related thereto) --
engineering, planning, construction, operations and maintenance of reservoir in Weld County.
o Binder Reservoir (including water storage, diversion structures and facilities related thereto) --
engineering, plannng, construction, operations and maintenance of reservoir in Weld County.
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