| 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.
|