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HomeMy WebLinkAboutC99-035 IGA_Basalt Sanitation DistrictINTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT is entered into as of the last date written below, pursuant to C.R.S. §29-1-203, by and between Eagle County, acting by and through its Board of County Commissioners (the "County"), whose address is P.O. Box 850, Eagle, CO 81631, and the Basalt Sanitation District (the "District"), a Colorado special district, whose address is P.O. Box 527, Basalt, CO 81621. WHEREAS, the District is authorized by law to, among other things, provide sanitary sewer and wastewater treatment works and services, and may provide such services and facilities within or outside of its boundaries, but may not compel any person outside of its boundaries to connect with its sewer lines or treatment facilities; and WHEREAS, the District is authorized by law to include additional and noncontiguous property within its boundaries, upon petition and/or election by the fee owners of property within LS the area to be included; and WHEREAS, the Sewer Utility System Master Plan for the Basalt Sanitation District, dated October 1974, and the 208 Plan for the Roaring Fork Valley (the "Plans"), both establish as a goal the inclusion of the Lazy Glen area into the District's service area, abandonment of the Lazy Glen wastewater treatment plant, and connection of Lazy Glen to the District's treatment plant by lift stations and pipeline; and WHEREAS, the Sewer Utility System Master Plan for the Basalt Sanitation District, dated October 1974, current District rules and regulations, and historic policy and practice of the District all recognize that the cost of any extension of service outside existing District boundaries "should not be borne by people in the present District," but instead should be paid by the owners or developers of the properties to be served; and WHEREAS, the District endorses and supports the goals of the Plans, including the goal that the Lazy Glen, Holland Hills and Wingo Junction areas currently outside the District, among others, be included within the District and receive District services, subject to the terms and conditions of the District's rules and regulations and agreements that would affect such inclusion and service, and if proper connections, service lines and collector lines are upgraded and installed as necessary; and WHEREAS, the current cost of extending a line to Lazy Glen is estimated to be about $2.2 million, which includes compliance with the cost recovery agreement with the Roaring Fork Club; and WHEREAS, the current cost of constructing a new wastewater treatment plant at Lazy Glen is estimated to be about $750,000; and ii MIN 11111111 ill 1111111111111 IN iof 5 A 0 BttCO �E00 0.E0 X 0.00 Eagle CO \%Od lv� WHEREAS, some of the existing collection lines within the Lazy Glen area may be inadequate and may have to be replaced, and there are no collection lines within Holland Hills or Wingo Junction; and WHEREAS, it is not known if it would be economically feasible for the property owners within Lazy Glen and in areas such as Holland Hills or Wingo Junction to pay the costs to connect to such line and otherwise comply with the District's rules and regulations and the Plans; and WHEREAS, the District has sold taps equivalent to the full design capacity of its treatment plant, and therefore does not have any additional taps to sell and must expand its plant in order to sell any additional taps, not only to Lazy Glen or others outside the current District boundaries but also to customers within the District; and WHEREAS, in order to maintain service to customers within its service area, provide service to anticipated growth, and continue to meet applicable permit conditions and water quality standards, the District has initiated procedures necessary to upgrade and expand its treatment plant capacity, including the issuance of bonds, the completion of preliminary engineering designs, the filing of permit applications and the solicitation of design/build firms; and WHEREAS, the treatment plant upgrade and expansion currently planned and for which permit applications have been filed could accommodate service to the existing Lazy Glen, Holland Hills and Wingo Junction areas; and WHEREAS, in order to upgrade and expand its treatment plant capacity the District has filed with the County a site application and an application for a permit to conduct a designated activity of state interest (commonly known as a "1041 permit") under the County's Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado promulgated thereunder (" 1041 Regulations"), and has filed with the state of Colorado, Department of Public Health and Environment, Water Quality Control Division, a site application for upgrade and expansion; and WHEREAS, the County, by virtue of its authorities under C.R.S. §24-65.1-101 et seq., and its 1041 Regulations, has an interest in and regulatory authority over major extensions of existing water and sewage treatment systems, for the reasons stated in §6.04.02 of its 1041 Regulations, and has an interest in maintaining and improving the water quality of the Roaring Fork River in Eagle County; and WHEREAS, the County has found the District in compliance with its 1041 Regulations, and applicable area water quality plans as they relate to the proposed expansion of treatment plant capacity by the District; and in11101111111111111111111111111111 IIIB 02/17/1999 09:19P 33 Svc FiaFv 2 eilP0.0000.0BX 0.00 Eagle CO WHEREAS, the County and the District desire to cooperate in further enhancing the water quality of the Roaring Fork River, in consolidating wastewater treatment facilities, and in extending service to the Lazy Glen, Holland Hills and Wingo Junction areas. NOW THEREFORE, for and in consideration of the mutual premises and promises herein contained, IT IS AGREED: 1. Eagle County will immediately support all permits, including an amended site application by the state of Colorado, necessary to upgrade and expand the District's treatment plant capacity. 2. The District and the County will play a constructive role with Pitkin County, the Town of Basalt, the state of Colorado, federal agencies and other agencies and property owners in the development of a plan to include the existing Holland Hills, Wingo Junction and Lazy Glen areas within the District, and for the District to provide sanitary sewer service thereto. The plan will include alternatives for the District to finance a portion of service as provided in Paragraph 4 hereof, and with such other agencies to support and apply for grant monies to pay for such portions of such service as property owners and residents within such areas are unable to pay. If grant monies are appropriate as a part of such plan, the District will participate in an application for such grant no later than 180 days from the date of a pre -inclusion agreement with legal entities encompassing the Holland Hills, Wingo Junction and Lazy Glen areas. Except as expressly provided in Paragraph 4 hereof, any such plan, service and inclusion will be in conformance with the District's policies, rules and regulations then in effect. The preferred alternative for service is the construction of a new line to the existing Holland Hills, Wingo Junction and Lazy Glen areas. Construction of a new wastewater treatment plant at Lazy Glen, operated by the District, will be considered as an interim and secondary alternative. 3. In furtherance of the development of such plan, the District will within 60 days from the date of this Agreement provide engineering estimates of sufficient detail to assign specific costs for all major elements of sewer line alignment, design and installation, and treatment plant design and installation, including collection and service lines that will be required within in the Highway 82 alignment to serve the Holland Hills, Wingo Junction and Lazy Glen areas, including tap fees, service charges, and other costs that may be assigned to a homeowner who will ultimately be served by the District, and alternative method analysis of the most efficient way to allow the Roaring Fork Club to recover costs they have spent installing the sewer line to its present location. Such estimates shall not include collection or service lines within the Holland Hills, Wingo Junction and Lazy Glen areas. 4. As part of such plan, and in the event the preferred alternative of construction of a new line is implemented, the District will include in any pre -inclusion agreement with legal entities encompassing the Holland Hills, Wingo Junction and Lazy Glen areas, the following: i Vill nisi 111111111 MIN im111111111111 Ili 11111111 IN 02/17/I880 03:1 P 3J Sara Fisher 3 of 3 R 0.00 U 0.E0 N 0.00 Eagle CO a) The District will reserve a portion of its expanded treatment plant capacity for a period of ten (10) years from the date of completion of the currently -planned treatment plant expansion to allow for service to existing development within the existing Holland Hills, Wingo Junction and Lazy Glen areas. b) The District will negotiate with the Roaring Fork Club for a reduction in the cost recovery fee that existing development within the existing Holland Hills, Wingo Junction and Lazy Glen areas would otherwise pay, to no more than $2,083 per EQR. c) The District will for a period of five (5) years from the date of completion of the currently -planned treatment plant expansion agree to finance tap fees for service to existing development within the existing Holland Hills, Wingo Junction and Lazy Glen areas at an interest rate not to exceed 5.5 % for a period of up to fifteen (15) years. d) The District will keep tap fees for service to existing development within the existing Holland Hills, Wingo Junction and Lazy Glen areas at the level in existence on the date of this Agreement for a period of five (5) years from the date of completion of the currently -planned treatment plant expansion. The above obligations shall not be applicable in the event a new wastewater treatment plant is constructed at Lazy Glen. 5. This Agreement may be enforced only by an action for specific performance in the District Court in and for the 51 Judicial District, Eagle, Colorado. This Agreement is only between the parties hereto, and no third party rights are intended to, or are, created hereby. nisi IN IN eeizoa e2i17n9e9 03:19v 23 s.a vi.n.. of 9 R 0.00 D 0.00 X 0.00 Eagle CO Page 4 of 5 ..w� DATED this 161 day of February, 1999. ATTEST: ll N� Gerald R. Terwilliger Secretary BASALT SANITATION DISTRICT bye - ,tee Gc_r, Cl# Crossland esident EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS � i I, r� ta, Chair i ATTEST: �Q SAGE&C o� z y ' I (IIIII IIIII IIIIIII II'lllll IIIII IIIIIII III IIIII (III I'll 687240 02/17/1999 03:19P 23 Sera Fisher County Clerk V 8 of 5 R 0.00 D 0.00 N 0.00 Eagle CO Pagc5of 5 DISTRIBUTION Originals to: } . Contract Book 2. D — 3. - n C,,k 4. 4. - -� - / Copies to: . 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