HomeMy WebLinkAboutMINUTES Water Committee 1983-03-03BRADFORD PUBLISHING CO.,DENVER R E C 0 R D 0 F P R 0 C E F D I N G S
v Water Committee
March 3,1983
Committee:Chairman Wagner,Trustees Dannels and Nix
Attending:All
Also Attending:Mayor Tregent,Town Administrator Hill,Town
Attorney White,Water Superintendent McCracken,
Finance Officer Duncan
PROSPECT ESTATES WATER SYSTEM ACCEPTANCE:
Attorney Greg White briefly reviewed with the Committee the history
of the Prospect Estates Addition Water Agreement and stated that
we do not currently have a signed water agreement with Prospect
Estates Addition.In a letter dated February 23,1983,Mr.Bill
Van Horn requested temporary water service for the dwellings located
on Lots 1 and 2 of Prospect Mountain Subdivision,a P.U.D.,First
Filing and Lot 9 of Prospect Estates Subdivision.A letter dated
March 1,1983,from DMJM Phillips-Reister-Haley,Inc.was received
in response to Mr.Van Horn’s request stating that there was
inadequate water pressure for these units during peak demand
periods,but the units could be occupied if the owners of the
units were to sign a disclaimer of liability with the Town stating
that this is a temporary system and the Town is not liable.Mr.
Don Spomer stated that if temporary water service was made available
to the present dwellings,that he would agree that no further request
for water service would be made for any dwelling in Prospect Estates
until such time as the entire system was accepted by the Town.
He further stated that he would apply for future building permits
but would agree that no Certificates of Occupancy would be granted
until the entire system was accepted by the Town.The Committee
recommends that no water service be provided to these units until
the Disclaimer Agreement is signed with the owners of these units
and subject to the conditions that no further service be extended
until the entire system is accepted by the Town.
PROSPECT ESTATES WATER AGREEMENT:
In a letter dated February 17,1983,Mr.Bill Van Horn suggested
several changes in the water service agreement for Prospect Estates
Addition.A letter dated March 1,1983,from DMJM Phillips-Reister
Haley,Inc.was received in response to Mr.Van Horn’s proposed
changes to the water agreement.Mr.Bill Van Horn and Mr.Donald
Spomer made suggested changes to the agreement and a lengthy
negotiating session followed.The amended agreement is attached
to and made a part of these proceedings.The Committee recommends
to the Board of Trustees that this agreement be signed by the Mayor
and Clerk and that no further water taps be issued until the agreement
is executed.The Committee also recommends that the new water
system plans be reviewed by DMJM Phillips-Reister-Haley,Inc.and
the State Health Department before acceptance by the Town.
BIDS FOR WATER DEPARTMENT TRACTOR:
The following bids were received for the tractor for the Water
Department:
Frontier Tractor Model 755 (Used)$35,000.00
Frontier Tractor Model 755 (New)$31,049.00
Dynahoe Model 160 (Used)$41,000.00
Dynahoe Model 160 (New)$53,235.00
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DRADFORD PUBZJSHING CO.,DENVER R E C 0 R D 0 F P R 0 C E E D I N G S
Water Committee -March 3,1983 —Page 2
The Committee recommends accepting the Frontier Tractor low bid
on the new Model 755 Tractor at $31,039.00.
February 1983 water use showed a —4.77%decrease from February
1982,and a +25.92%increase from January 1923.The total percent
of water accounted for as of February 13,1983,is 77.75%.
There being no further business,the meeting adjourned.
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Ann E.Jensen;Town Clerk
APPROVED
M1\R8 1983
uf EST3 PMK
L.OOAIU OF IRiSTEIS
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AGREEMENT
THIS AGREEMENT,made and entered into this
______day
of
__________________
1983,by and between the TOWN OF ESTES PARK,
COLORADO,a municipal corporation,hereinafter referred to as
“Town”,and_______________________________,hereinafter referred
to as “Applicant”,WITNESSETH:
WHEREAS,the Applicant is constructing a water distribution
and pumping system to distribute water from the Town;and
WHEREAS,the Applicant desires to obtain the use of water
for domestic purposes from the Town,which water is to be used
on the following described real property located inside the cor
porate limits of the Town in Larimer County,Colorado,to—wit:
PROSPECT ESTATES ADDITION TO THE TOWN OF ESTES PARK.
and
WHEREAS,the Town is willing to furnish such water to the
Applicant upon certain terms and conditions.
NOW,THEREFORE,in consideration of the premise and the
covenants and agreements herein contained,it is agreed as
follows:
1.The Applicant has begun construction and will complete
a water distribution system including any necessary pumping
facilities for distribution of water throughout the aforementioned
property.During the construction of the distribution system,
the Applicant shall obtain approval of the Town of the plans
and specifications of the entire system.Following the construction
of said system,the Applicant shall convey the system to the
Town subject to the Town’s acceptance of the same.After said
acceptance,the Town will furnish water from its water system,
to be used on the above—described real property for domestic
purposes as hereinafter provided,and upon proper application
therefor as hereafter provided.Domestic,as used herein,
includes both residential and commercial uses.
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2.To obtain the water service herein provided for,an
application shall be made for each water tap desired by the then
owner or owners of the property to be served.It being understood
and agreed that such applications may be made by the Applicant
or the owner or owners of each of the various parcels,lots and
tracts of the above—described real estate as subdivided.
3.The Applicant or owner shall pay all fees,charges,
or costs incident to the making of each tap and the furnishing
of a water meter therefor as more fully provided in the Municipal
Code.
4.The water service herein provided for shall not be
extended to serve any improvement or use other than as herein
set forth or as set forth in the application for each tap issued
hereunder.
5.Any water tap granted hereunder is granted as an accommo
dation to the Applicant or owner and the Town shall have no liability
or responsibility concerning adequate service or pressure in
the water pipelines which the Applicant or owner shall tap for
service.
6.The Applicant shall abide by all of the rules,regulations
and ordinances of the Town,and the laws of the State of Colorado,
pertaining to the use of said water and the fees and charges
to be paid therefor;and any tap granted hereunder,or upon any
subsequent application,shall be subject to the limitations
thereon as provided in said laws and ordinances.
7.Each water tap shall be used to furnish water to one
(1)dwelling,unit,business or structure only,and each dwelling,
unit,business or structure must be served by a separate tap.
The Applicant shall not sell water from said tap to any other
person,or permit water from said tap to be used by anyone other
than on the property for which the tap is granted,or be used
on any other property than that property for which the tap is
granted.
8.The Applicant shall reimburse the Town for all preliminary
expenses incurred by it in any matter pertaining hereto,or the
installation of the water distribution system herein provided
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for,such as,but not limited to,legal and engineering expenses.
Pre—construction expenses shall be construed to be all such expenses
incurred by the Town until it formally accepts ownership of the
water system.No water shall be delivered to the Applicant until
such expenses have been paid in full.
9.All water lines,mains and distribution systems and
rights of way therefor shall be installed or obtained at the
sole expense of the Applicant,and the location,materials,
installation,design,engineering and adequacy thereof shall
be subject to the approval of the Town.No water shall be
delivered to the Applicant until such approval has been obtained
in writing from the Town.
10.Upon complete installation of any portion of the said
water lines,mains or distribution systems,for which Applicant
desires water service,and after approval thereof by the Town,
but before any water is delivered thereto,the Applicant shall
convey the same to the Town together with all rights of way
therefor.The same shall be conveyed free and clear of all
liens or claims of any kind.If the water system is encumbered
in some way,the Applicant shall post an acceptable bond.Upon
the acceptance of such conveyance,the Town shall maintain and
service such lines,mains and distribution systems according
to the rules,regulations and ordinances of the Town and the
laws of the State of Colorado that pertain thereto.
11.The Applicant shall pay to the Town for water service
as follows:
A.The Applicant shall pay to the Town $1,250.00
upon conveyance of the system to the Town.The
$1,250.00 shall be applied towards the first
annual charge assessed the Applicant as described
in Sub—section “B”.
B.Once the system is conveyed to the Town,the
Town shall assess,and the applicant shall pay,
a sum equal to the additional pumped flow charge
for consumers inside the Town limits who are
connected to a Town owned and maintained pumped
flow water system under the provisions of 13.32.110
(G)of the Municipal Code including any amendments
to said Section,times the difference between the
number of taps issued for water service within the
property,and sixty (60).In the event that new
taps are activated during the calendar year,the
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above amount shall be prorated to the date of
issuance.In the event that the system is
conveyed on other than January 1st,the first
annual payment shall be prorated based upon
the date of conveyance.
C.Once a tap fee has been paid for an individual
lot or unit,said lot or unit shall be assessed
for water service under the applicable provision
of the Municipal Code.
D.When a total of sixty (60)taps are issued within
the boundaries of the property and the tap fees
for these taps have been paid,and the owners
of said taps are being billed for water service
by the Town,the annual minimum water fee under
the terms hereunder shall be terminated.In
case said termination occurs during the calendar
year,then the minimum fee shall be prorated to
said date of termination.
E.The Town agrees that after the Town has monitored
the actual cost of the system for a period of five
years,that the Town shall review the fee provisions
of this paragraph 11 and may make any adjustments
based upon the actual monitored costs.The Town
agrees to consult with the Applicant during this
review and take into consideration the Applicant’s
desires with regard to any fee adjustments.
12.All the terms and conditions hereof shall extend to
and be binding upon any and all person,persons,entity or entities
who are transferees of any of Applicant’s interest in any lot
or parcel of land located within Prospect Estates Addition owned
by the Applicant on the date of this Agreement.The terms and
conditions of this agreement shall be a covenant running with
all the land owned by Applicant located in Prospect Estates Addition
on the date of this Agreement.
13.All of the terms and conditions hereof shall extend
to and be binding upon the heirs,administrators,executors,
successors or assigns of the parties hereto.
IN WITNESS WHEREOF,the parties hereto have set their hands
and seals this day of___________________________,1983.
TOWN OF ESTES PARK
By______________
Mayor
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ATTEST:
Town Clerk
PROSPECT MOUNTAIN DEVELOPMENT COMPANY
By_____________________
President
ATTEST:
Secretary
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