LFMSDD History
 
1986 The Lower Fountain Metropolitain Sewage Disposal District (LFMSDD) is formed May 13, 1986 for the purpose of providing regional wastewater treatment service, principally for the then anticipated Banning Lewis Ranch property development.
   
September 1988 The City annexes the Banning Lewis Ranch property pursuant to an Annexation Agreement dated September 23, 1988.
   
November 1988 The LFMSDD obtains site approval (No. 3904) from the Water Quality Control Division, Colorado Department of Health, on November 23, 1988 for the plant location referenced in the Annexation Agreement.
   
1988-1989 Aries Properties (Banning Lewis Ranch owner) defaults on loan.
   
Mav 1989 The LFMSDD purchases the plant site from Hanna Ranch and John Venezia.
   
November 1989 Water Quality Control Division extends site approval for the LFMSDD site on November 21, 1989 for one year to November 23, 1990.
   
1990 Due to Aries Properties default, property goes to RTC as receiver and planned development of Banning Lewis Ranch does not occur as anticipated; site approval for the LFMSDD property expires and the regional plant contemplated under the Annexation Agreement is not built.
   
Late 1990s Property development begins surging in the City of Fountain area; the prospect of the Banning Lewis Ranch property beginning development is raised with the sale of the property to Capital Pacific Holdings in September 2001.
   
2003 The LFMSDD begins reviving plans to construct the regional plant with wastewater service anticipated to begin in 2010.
   
Approximately September 2003 LFMSDD learns that the City and CSU are developing plans for a separate wastewater plant at the Clear Spring Ranch property - the City and CSU are aware of LFMSDD's plans to build the regional plant, nonetheless CSU continues planning a Clear Spring Ranch treatment facility.
   
2004 LFMSDD begins holding informational discussions with CSU on its proposed Clear Spring Ranch facility; preliminary discussions begin on LFMSDD moving to the Clear Spring property.
   
2005 LFMSDD agrees to help CSU fund a concept design study by Carrollo Engineers for a plant at the Clear Spring Ranch property; LFMSDD informs CSU that a formal agreement with the City on a Clear Spring plant is to be signed no later than December 2005, but no agreement reached by then.
   
2006

Discussions on reaching an agreement extended at CSU's request; ultimately an impasse reached and LFMSDD ends formal discussions April 2006.

  • In LFMSDD's perspective, the actual and potential financial risks that the City and the Utilities Department were asking LFMSDD to bear in the proposed agreements were too great and would have placed an enormous and unacceptable financial risk burden on its members.
   

The Annexation Agreement specifically designates the LFMSDD site as the location of the regional plant unless the City and the "ANNEX OR" parties in that agreement, including Colorado Centre Metropolitan District (CCMD), agree to change the plant's location.

  • Article XIV(C) 1
    • The Annexation Agreement does not allow the City or CSU to unilaterally change the location of the regional plant without an amendment of the Annexation Agreement agreed to by all affected parties;
    • CCMD is a member of LFMSDD and a signatory to the Annexation Agreement; CCMD has not agreed to any relocation ofthe Lower Fountain plant in writing or otherwise.
 
901 South Santa Fe Avenue  •  Fountain CO  •  80817
(719) 382-5303  •  Fax: (719) 382-3441