1. education
2. alumni and reunions

WATER & SEWER BOARD AGENDA
Wednesday, March 18, 2015
2:00 p.m.
LINCOLN PARK ANNEX
NUSBAUM ROOM
919 7th Street
Greeley, CO 80631
1. Roll Call:
_____
_____
_____
_____
_____
Chairman Harold Evans
Mr. Bob Ruyle
Mr. Joe Murphy
Mr. Manuel Sisneros
Mr. Roy Otto
_____
_____
_____
_____
_____
Vice Chairman Mick Todd
Mr. Fred Otis
Mr. Tony Miller
Mayor Tom Norton
Ms. Victoria Runkle
2. Approval of Minutes
3. Approval of and/or Additions to Agenda
4. Report: City Code Ordinances Associated with Proposed Charter Revision
5. Executive Session
6. Action: Approve Irrigation Water Lease Agreement (Eheart)
7. Action: Consideration of a Request From HS Investments, LLC for Payment of Raw Water
in Excess of 8 AF at Homestead Minor Phase 3B
8. Action: Approve Purchase and Sale of Water Rights (Chalk)
9. Report: Mining Update--Flatirons-Poudre Ponds Parcel B
10. Legal Report:
•
Action: Statements of Opposition (if any)
11. Director’s Report:
•
•
•
Fix a Leak Week: March 16 – 22, 2015
Greeley: So Much More
Water Festival VIP Tour
12. Such Other Business That May Be Brought Before The Board and Added to This Agenda by
Motion of the Board
If, to effectively and fully participate in this meeting, you require an auxiliary aid or other
assistance related to a disability, please contact Lory Stephens at 970-350-9812.
City of Greeley
Water and Sewer Board
City of Greeley
Water and Sewer Board
February 18, 2015
Board Minutes
Minutes of February 18, 2015
Regular Board Meeting
Chairman Harold Evans called the Water and Sewer Board meeting to order at 2:05 p.m. on
Wednesday, February 18, 2015.
1.
Roll Call
The Clerk called the roll and those present included:
Board Members:
Chairman Harold Evans, Vice Chairman Mick Todd, Bob Ruyle, Manuel
Sisneros, Tony Miller, City Manager Roy Otto, and Director of Finance Victoria
Runkle
Water and Sewer Department staff:
Water and Sewer Director Burt Knight and Office Manager Lory Stephens
Legal Counsel:
Environmental and Water Resources Attorney Jerrae Swanson, Environmental
and Water Resources Attorney Andy Nicewicz, Environmental and Water
Resources Attorney Dan Biwer, and Water and Sewer Board Counsel Jim Witwer
2.
Approval of Minutes
Mr. Ruyle pointed out that the Taylor and Gill Update in the Director’s Report had a
minor error. The sentence should read “Taylor and Gill” as opposed to “the” Taylor and
Gill. Mr. Miller moved, and Mr. Ruyle seconded, to approve the January 21, 2015 Water
and Sewer Board meeting minutes with the modification mentioned. The motion carried
5-0.
3.
Approval of and/or Additions to Agenda
Mr. Knight advised the Board that Item 5 (Poudre Ponds, Parcel B, Status of Mining)
was being pulled from this agenda and would be discussed at the March Board
meeting. The agenda was approved with the exclusion of Item 5.
4.
Executive Session
A motion was made by Chairman Evans, seconded by Mr. Ruyle, to move into
executive session at 2:09 p.m. to address the following matters (Motion carried 5-0):
Purchase, acquisition, lease, transfer, or sale of property under C.R.S. §24-6-402(4)(a)
and Greeley Municipal Code 2.04.020(1), Conferences with an attorney for the
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City of Greeley
Water and Sewer Board
February 18, 2015
Board Minutes
purposes of receiving legal advice on specific legal questions under C.R.S. §24-6402(4)(b) and Greeley Municipal Code 2.04.020(2), and determining positions relative to
matters that may be subject to negotiations, developing strategy for negotiations, and
instructing negotiators, as authorized by C.R.S. §24-6-402(4)(e) and Greeley Municipal
Code 2.04.020(5).
The following topics were discussed in executive session: Potential acquisition of
shares in the New Cache la Poudre Irrigating Company; the Cache la Poudre Reservoir
Company; and the Windsor Reservoir and Canal Company, potential acquisition of land
and shares in the Water Supply and Storage Company, and receiving legal advice on
North Weld Tap Transfers.
Present during the executive session were:
Chairman Harold Evans, Vice-Chairman Mick Todd, Bob Ruyle, Tony Miller, Manual
Sisneros, City Manager Roy Otto, Director of Finance Victoria Runkle, Director of Water
and Sewer Burt Knight, Environmental and Water Resources Attorney Jerrae Swanson,
Environmental and Water Resources Attorney Andy Nicewicz, Environmental and Water
Resources Attorney Daniel Biwer, Water and Sewer Board Counsel Jim Witwer, and
Office Manager Lory Stephens
Deputy Director of Water Resources Eric Reckentine joined the Board meeting by
telephone at 2:10 pm.
Mr. Witwer left Board meeting at 2:10 pm due to a conflict of interest with the New
Cache and WSSC items being discussed in executive session.
Mayor Tom Norton joined the Board meeting at 2:11 pm.
Mr. Sisneros left the Board meeting at 2:24 p.m. due to a conflict of interest with the
North Weld item being discussed in executive session.
Mr. Witwer rejoined the Board meeting at 2:25 p.m.
A portion of this executive session was unrecorded because the discussion constituted
attorney-client privileged communication. The executive session ended at 2.52 p.m.
and the regular meeting resumed. Mr. Sisneros rejoined the Board meeting, and Chief
Engineer Bob Neal and Budget Analyst Erik Dial joined the Board meeting at that time.
5.
Report: Poudre Ponds, Parcel B, Status of Mining
This item was removed from the agenda and will be brought back to the Board in
March.
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City of Greeley
Water and Sewer Board
6.
February 18, 2015
Board Minutes
Report: Status of Overland Pond 3 – Final Payment March
Mr. Knight advised the Board that the Pond 3 of the Overland Pond’s Project is
complete and will be closed in March 2015. Mr. Ruyle asked if the pond was going to
be lined, and Mr. Knight confirmed that it is already lined, and leak tested and approved
by the State. Chairman Evans expressed that this was a big step forward.
7.
Action: Approve First Amendment to Purchase And Sale Agreement And
Promissory Note (Treiber)
Ms. Swanson advised that the First Amendment to Purchase and Sale Agreement and
Promissory Note for the Treiber acquisition provides Greeley and the Tri-Districts with a
three year warranty from Martin Marietta and the Treibers in exchange for Greeley’s and
the Tri-Districts’ approval to complete the lining of Pond 3 by an alternate method.
Mr. Todd made a motion, seconded by Mr. Miller, to approve the First Amendment to
Purchase and Sale Agreement and Promissory Note for the Treiber Acquisition. The
motion carried 5-0.
Mr. Reckentine left the Board meeting at 2:56 p.m.
8.
Report: 4th Quarter Financial Report
The 4th Quarter 2014 Financial Report was given to the Board by Mr. Dial. The
department met the revenue budget targets for 2014, despite being slightly lower than
2013. Department expenditures were within budget. Lower single family residential rate
revenue was the result of frequent rain and a mild summer, however, industrial water
sales were higher than projected and balanced out the shortfall. Sewer revenues were
slightly above budget.
Chairman Evans inquired about the 2013 royalty payment noted in the memorandum.
Mr. Dial advised that this was a surprise check that the City received for mineral right
royalties, which was later determined to be related to sewer fund owned land.
Chairman Evans asked about the revenue received from Milliken and why it was
significantly under budget. Mr. Dial indicated that more revenue was expected from the
Milliken, but they did not use that much water in 2014. There was a discussion about
how their low water use would affect their peaking factor and how Milliken’s rates would
be impacted. Mayor Norton stated that staff is working with Milliken to resolve this
potential problem. Chairman Evans inquired about the gallons per capita dropping in
December. Mr. Knight was uncertain, but advised he would look into it.
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City of Greeley
Water and Sewer Board
February 18, 2015
Board Minutes
Chairman Evans mentioned a pilot project that Denver is doing pursuing related to runoff water and the legislation surrounding this. He asked Mr. Knight to make sure that
staff was watching this.
9.
Report: 4th Quarter 2014 CIP Report
Mr. Neal presented the 4th Quarter 2014 CIP Report to the Board. He advised them
that the 1st Quarter 2015 CIP Report would reflect the changes that had previously
been requested specific to Water and Sewer. He also advised the Board that projects
have been behind because of one engineer’s retirement and another being on medical
leave. Justin Scholz has been hired to fill the vacancy and will start on March 1st. The
other engineer is back full-time now. Projects are moving along again.
The Board was updated on the following projects: The Bellvue Pipeline project is
progressing on schedule. The City has obtained possession of the last three easements
with the valuation portion of the acquisition pending. Chairman Evans expressed that
this was a big milestone for the City and thanked staff involved with the project. The
WPCF Solids Handling and Bellvue Water Treatment Plant Chemical Feedlines are in
construction and on schedule. Mr. Knight advised the Board that there was an accident
at WPCF recently involving a contractor’s employee. There will be an appropriation
request for the Chemical Feedline project because it was an unidentified project. The
Water Treatment Plants Needs Assessment proposals are under review. Eight
proposals were received and three were invited for formal interviews. The Gold Hill 5
mg Tank design is underway; anticipate completion the summer of 2016. Mr. Ruyle
asked if this would be a free standing tank. Mr. Neal stated that it would be and that it
would also be underground with the top exposed. There was a discussion regarding
reinforced concrete. Mayor Norton suggested that staff evaluate this carefully.
Chairman Evans asked for an update on the raw water pipeline. Mr. Neal advised that it
was currently under construction, on schedule, and due to be complete by the end of
March.
Chairman Evans asked Mr. Knight to consider providing an annual “state of the Water
and Sewer System” for Board and City Council. He expressed that it would be helpful
for everyone to see accomplishments and failures, and how it ties back to long-range
goals.
10.
Legal Report
Mr. Witwer recommended four Statements of Opposition:
•
City of Fort Collins/Fort Collins Natural Areas Department (14CW3158 &
14CW3176): These are applications for a water storage right and exchange rights
(Rigden Reservoir), and to change Coy Ditch and Box Elder Ditch water rights. The
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City of Greeley
Water and Sewer Board
February 18, 2015
Board Minutes
first case involves overlapping exchange reaches in upper Poudre River basin, and
the second case involves changes of senior Poudre River water rights and Greeley’s
opposition is to ensure consistency with prior change decrees.
•
WR Investments (14CW3160): This is an application to change water rights
attributable to Hillsborough Ditch shares, a senior water right in the Big Thompson
River basin; exchange reaches overlap with Greeley’s Big Thompson exchanges.
Mr. Ruyle asked for additional information to be presented at the next meeting
concerning the new uses the applicant was seeking in this case.
•
United Water and Sanitation District (14CW3175): This is an application for
exchange rights from 70 Ranch Reservoir (downstream of Kersey) up the South
Platte River to various locations. The exchange reach overlaps with Greeley
exchanges. The Mayor asked if they were going to build a reservoir; Jim stated that
he believed they are.
A motion was made by Mayor Norton, seconded by Mr. Ruyle, to approve the filing of all
of the above mentioned statements of opposition. The motion carried (5:0).
Mr. Witwer updated the Board on the following legal matters:
•
11.
Bellvue Pipeline Northern Segment Right of Way Update: Greeley should be
making the deposit ($75,000) in the Brinks Trust case (14CV30972) on February
19th, per Greeley’s stipulation with the landowner. The deposit will give Greeley
possession/the right to construct the pipeline through all property for the Northern
Segment. Further negotiations and/or court proceedings will now occur on the final
valuation/just compensation question in the three pending eminent domain cases.
Chairman Evans congratulated everyone involved in this project for how far it has
come.
Director’s Report
•
Colorado Water Congress
Mr. Knight discussed this year’s annual Colorado Water Congress in regards to
Greeley’s participation and observations. He noted that Greeley is a Gold Level
sponsor and has been for many years, which was publicly acknowledged. At the
Aspinall Luncheon, Greeley was the sole sponsor, which provided an opportunity to
discuss the City’s 4-Point Plan.
•
Poudre Runs Through It Forum
Mr. Knight also provided a synopsis of the recent Poudre Runs Through It Forum.
He advised that Mr. Reckentine is on the committee for this group and made a
presentation regarding Greeley’s history of conservation, gains in demand reduction,
and new techniques currently being studied. Public and Government Relations
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City of Greeley
Water and Sewer Board
February 18, 2015
Board Minutes
Manager Donna Brosemer was involved with the panel discussion on land use and
water planning. He complimented Ms. Brosemer and Mr. Reckentine for an
outstanding effort to stand their ground despite opposition. Vice-Chairman Todd
also commended Ms. Brosemer and Mr. Reckentine for their work
Vice-Chairman Todd stated that more effort needs to be given to publicizing
Greeley’s involvement with conservation and what we are doing in general. He
expressed that we needed more exposure in the media and to our customers.
There was a discussion about what possibly hiring a Public Relations firm and doing
something with Greeley Unexpected.
•
2015 Tri-City Meeting – May 21st – Greeley Country Club – Speaker: John
Stulp
Mr. Knight advised the Board that Mr. Stulp has agreed to be the speaker at this
year’s Tri-City Meeting.
Vice-Chairman Todd inquired about the timeframe of the Little Thompson purchase
of Windy Gap shares. Ms. Swanson advised that the first payment closing is
expected to on February 20th.
12.
Such Other Business That May Be Brought Before The Board And Added To This
Agenda By Motion Of The Board
There being no further business, Chairman Evans adjourned the meeting at 3:40 p.m.
****************************
______________________________
Harold Evans, Chairman
______________________________
Lory Stephens, Secretary Pro-tem
Page 6 of 6
WATER & SEWER BOARD AGENDA MARCH 18, 2015
ENCLOSURE __X__
NO ENCLOSURE ____
ITEM NUMBER:
4
TITLE:
REPORT: CITY CODE ORDINANCES
ASSOCIATED WITH PROPOSED CHARTER
REVISION
RECOMMENDATION:
INFORMATIONAL ONLY
ADDITIONAL INFORMATION:
City Council requested a work session on proposed Water & Sewer Charter
amendments, anticipated in April. Also based on our February Board meeting,
we discussed outlining proposed ordinance guidance on setting the budget and
resulting rate implications.
Staff will present the attached PowerPoint
presentation for discussion.
Item 4, Page 1
3/13/2015
Charter Rate Section
Section 17-4
Annually Establish minimum rates, which need not be uniform for
all classes of users; the minimum rates must be sufficient to
include all expenditures for the following:
Greeley Charter and Code Discussion
1. All operation and maintenance of the system;
2. All debt service requirements;
3. Additions to a reserve account in sufficient amounts to offset
depreciation to the system Said reserve shall be based on
accepted principles of accounting for a system.
March 18, 2015
Budget and Rate Components
Rate Components
• Debt Service – Defined by Debt
• Depreciation – Based on Governmental
Accounting Standards Board (GASB) principals
O&M Including
New CIP
– Depreciation schedule is annually audited and
accepted by independent financial auditors
Depreciation
• Operations & Maintenance:
– Proposed efforts to meet service levels
– New capital projects
Debt Service
Cash Flows
Proposed Ordinance Rate Guidance
• Rate setting is not a “snapshot” in time
Surplus-Deficit
Ending Fund Balance
Maximum Target Reserve
Minimum Target Reserve
$12
$10
• Define the budget schedule
• Define what is included
• Define methods to discuss disagreements on
what is included in proposed budget to City
Council
Water Operating Cash Flows
$8
Millions
$6
$4
$2
$0
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
($2)
($4)
1
3/13/2015
Budget Schedule
• April – City Manager requests departments prepare
budgets for City Manager budget proposal to City
Council
• April Discussion at W&S Board– What’s new or
modified to be included in the budget.
• June W&S Board Reviews and Analyzes and makes
recommendations
• September 15 City Manager submits proposed Budget
to City Council
• December 15 or earlier City Council Adoption
• December Water & Sewer Board sets rates
Budget Processing
City Council
• Budget presented to City Council with ten year
capital plan included with resulting rate
implications and non discretionary rate
component.
• If any items were identified that were not
supported by both City Manager and Water &
Sewer Board they are discussed.
• City Council reviews both budget and rate
implications
• City Council adopts Budget
• Water & Sewer Board sets rates
Operations Example
Replacement of Rolling Stock
• City replaces vehicles typically on a 10 year
average
• Economy is tight and replacement is delayed
until 12 years
Budget Processing
Water & Sewer Board
• Staff discusses big picture ideas with Water &
Sewer Board in April
• Staff prepares budget and reviews with the City
Manager
• Budget presented to Water & Sewer Board at
June meeting with non discretionary rate clearly
delineated.
• Budget and rate impacts discussed
• If any disagreements occur on some items it is
documented for discussion with City Council at
City Council Budget Workshop
Debt Service Example
• Issued New Bonds at lower rate and paid off
existing bonds.
• Reduced debt by about $100,000.
Operations Example
Sanitary Sewer Cleaning Versus Backups
• Target performance measure is less than 1.6
preventable backups per 100 miles of pipe.
• Average over 6 yrs. – 0.43
• Can we reduce the amount of cleaning –
reduce operations cost?
2
3/13/2015
New Program or Increased Service Level
New Construction Example
North Greeley Phase II
• Want to double fire hydrant maintenance by
adding staff. Current performance measure
33% of system. Want to increase performance
measure to 66% of system. Add another
employee (FTE) resulting in an increase to
rate.
• Define increased service in presentation to
City Council
Objective as defined in the 2008 Sanitary Sewer
Master Plan
• Project will expand system to serve areas north of
Poudre River
• Project estimated cost $7,777,500
• Project is anticipated to be bond funded
• City Council choice to bond project
• When bonded cost/project become part of non
discretionary rate
Operations Example
Raw Water Purchase Example
Future Water Acquisition
City Council Increase to Rate
Objective as defined in 2003 Water Master Plan
• $90 million acquisition of raw water proposed
to meet 2060 Comprehensive Plan
Requirements
• Portions of acquisition bonded
• Bonded portion becomes part of non
discretionary rate
• Un-bonded portions could be delayed or not
completed.
• Water & Sewer Board reviews, analyzes and
comments on budget.
• City Council adopts budget and rate implications.
• Computer Manufacturing Company wants to
locate in Greeley where utilities do not exist.
• City Council appropriates funds to extend utilities
to site of Computer Manufacturing Company.
• City Council then votes to increase rates above
the minimum rates set annually by the Water &
Sewer Board.
Charter and City Code
• City Charter is the guiding document
• City Code defines process or definition of
Charter intentions
• Intent to clarify Water & Sewer budget
process by ordinance.
• Additional ordinances may be required if
other items need clarification.
Questions
3
WATER & SEWER BOARD AGENDA MARCH 18, 2015
ENCLOSURE __X__
NO ENCLOSURE _____
ITEM NUMBER:
5
TITLE:
EXECUTIVE SESSION
RECOMMENDATION:
INFORMATION ONLY
ADDITIONAL INFORMATION:
Item 5, Page 1
WATER & SEWER BOARD AGENDA MARCH 18, 2015
ENCLOSURE __X__
NO ENCLOSURE ____
ITEM NUMBER:
6
TITLE:
ACTION: APPROVE IRRIGATION WATER
LEASE AGREEMENT (EHEART)
RECOMMENDATION:
APPROVE AGREEMENT
ADDITIONAL INFORMATION:
Enclosed is the water lease agreement between the City of Greeley and Wallace
W. Eheart for six (6) shares in the New Cache La Poudre Irrigation Company,
four (4) shares in the Cache La Poudre Reservoir Company, and two (2) shares in
the Windsor Reservoir and Canal Company. The initial term is for 4/1/20153/1/2018, with renewal for subsequent one year terms upon written notice to the
City of Greeley.
Item 6, Page 1
WATER & SEWER BOARD AGENDA MARCH 18, 2015
ENCLOSURE __X__
NO ENCLOSURE ____
ITEM NUMBER:
7
TITLE:
CONSIDERATION OF A REQUEST FROM HS
INVESTMENTS, LLC FOR PAYMENT OF RAW
WATER IN EXCESS OF 8 AF AT HOMESTEAD
MINOR PHASE 3B
RECOMMENDATION:
CONSIDER VARIANCE IN EXCESS OF 8 AF
ADDITIONAL INFORMATION:
HS Investments, LLC is developing part of Gateway Lakes, Lot 2 Block 8, which
was originally zoned commercial (C-H). No raw water was previously dedicated
for this property. The current property owner is in the process of splitting Lot 2
Block 8 into two lots. The proposed west lot is re-zoned for residential (R-H)
development and the east lot is still zoned for commercial development. Prior to
the approval of the newly created plat, the raw water required for the residential
development is due at 3 acre feet per acre of land including 50% of the adjacent
right-of-way. The amount due is 10.947 acre feet.
Cash in lieu was set at $33,000 per acre-foot at the January board meeting. The
developer requests to be allowed to make a cash-in-lieu raw water contribution of
$361,251.00.
Raw Water Calculation:
Lot 1, 3.364 acres + 50% of the adjacent right-of-way, .285 acres = 3.649 acres x
3 acre-feet per acre = 10.947 AF
Attachments:
Letter from Morgan Kidder of HS Investments, LLC
Item 7, Page 1
WATER & SEWER BOARD AGENDA MARCH 18, 2015
ENCLOSURE __X__
NO ENCLOSURE ____
ITEM NUMBER:
8
TITLE:
ACTION: APPROVE PURCHASE AND SALE
OF WATER RIGHTS (CHALK)
RECOMMENDATION:
APPROVE AGREEMENT
ADDITIONAL INFORMATION:
Staff recommends approvals of Purchase and Sale Agreement between The City
of Greeley, Colorado, a Municipal Corporation, acting by and through its Water
and Sewer Board (Buyer) and Chalk & Associates, LLC, a Colorado Limited
Liability Company (Seller). Purchase includes all of Seller’s interest in the water
and water rights, ditches and ditch rights, and reservoirs and reservoir rights
represented by eight (8) shares of Stock in The New Cache la Poudre Irrigating
Company (represented by Share Certificate No. 4935), eight (8) shares of stock in
The Cache la Poudre Reservoir Company (Represented by Share Certificate No.
4149), and two (2) shares of stock in The Windsor Reservoir and Canal Company
(represented by Share Certificate No. 654).
Item 8, Page 1
CONTRACT TO BUY AND SELL WATER RIGHTS
(Chalk & Associates LLC)
Date: ________________
1.
AGREEMENT. Buyer agrees to buy and Seller agrees to sell the Property,
defined below, on the terms and conditions set forth in this Contract.
2.
DEFINED TERMS.
a.
Buyer. The City of Greeley, Colorado, a Municipal Corporation, acting
by and through its Water and Sewer Board.
b.
Seller. Chalk & Associates, LLC, a Colorado Limited Liability Company.
c.
Water Rights. The Water Rights are described as follows:
all water, water rights, ditches, ditch rights, water wells, water well rights, reservoirs and
reservoir rights appurtenant to or used in connection with any of the real property
described on Exhibit A1 attached hereto and made a part hereof, including particularly,
but not by way of limitation, all of Seller’s interest in the water and water rights, ditches
and ditch rights, and reservoirs and reservoir rights represented by eight (8) shares of
stock in The New Cache la Poudre Irrigating Company (represented by Share Certificate
No. 4935), eight (8) shares of stock in The Cache la Poudre Reservoir Company
(represented by Share Certificate No. 4149), and two (2) shares of stock in The Windsor
Reservoir and Canal Company (represented by Share Certificate No. 654); associated
with the real property described on Exhibit A1 attached hereto. The Water Rights shall
also include any and all lateral ditches, easements, rights of way and entitlements
appurtenant to or used in connection with the Water Rights.
d.
Land. The Seller shall retain the real property, including all minerals of
whatsoever kind or character in, under, and upon or that might be produced therefrom, more
particularly described on Exhibit A1 and depicted on Exhibit A2 (“Land”). The parties agree
that (i) within 10 days following the Title Objection Deadline, defined below, if the title
documents reflect any discrepancy in the legal description and depiction set forth on Exhibits
A1-A2 and the legal description of the real property owned by Seller as disclosed by the Title
Documents described in Section 4 hereof, and/or (ii) if Buyer, at its expense, obtains a survey of
the Land, the parties will modify Exhibits A1-A2 and amend this Contract to reflect the legal
description of the Land owned by Seller, and use the amended legal description at the Closing.
The Land shall include sufficient acreage historically irrigated by the Water Rights to enable
Buyer to obtain judicial approval of a change of use of the Water Rights when the Land is
subject to Restrictive Covenants (No Irrigation), described on Exhibit B attached hereto and to
Restrictive Covenants (Revegetation), described on Exhibit C attached hereto.
e.
Property. The Property consists of the Water Rights, together with the
Restrictive Covenants (No Irrigation) and the Restrictive Covenants (Revegetation) on the Land,
described on Exhibits B and C, respectively, attached hereto and incorporated by reference
herein.
f.
Company. The Company shall individually and/or collectively refer to
The New Cache la Poudre Irrigating Company, The Cache la Poudre Reservoir Company, and
The Windsor Reservoir and Canal Company.
g.
Dates and Deadlines. The abbreviation “MEC” (mutual execution of
contract) means the latest date upon which both parties have signed this Contract. The date of
execution of the supplemental signature page herein shall not be used in calculating MEC.
Item
No.
1
2
3
4
5
6
7
8
9
10
11
Reference Event
Date or Deadline
§ 4a
§ 5a
§ 5b
§ 5b
§ 6c
§ 6d
§8
§ 13
§ 13
§ 25
§ 25
10 days after MEC
May 21, 2015
15 days after MEC
May 21, 2015
May 21, 2015
May 26, 2015
June 2, 2015
Closing Date
Completion of Closing
Title Deadline
Title Objection Deadline
Off-Record Matters Deadline
Off-Record Matters Objection Deadline
Inspection Objection Deadline
Resolution Deadline
Closing Date
Possession Date
Possession Time
Acceptance Deadline Date
Acceptance Deadline Time
h.
Attachments. The following exhibits, attachments and addenda are a part
of this Contract: Exhibit A1-A2, Legal Description of Land; Exhibit B, Restrictive Covenants
(No Irrigation); Exhibit C, Restrictive Covenants (Revegetation); and Exhibit D, Special
Warranty Deed.
3.
PURCHASE PRICE AND TERMS. The total Purchase Price for the Property shall be
$774,000.00, payable by Buyer as follows:
a.
A portion of the Purchase Price, which shall be considered earnest money,
shall be paid by Buyer prior to Closing (“Earnest Money”). The Earnest Money, in the amount of
$25,000.00, shall be due and payable to and held by Land Title Guarantee, located at 4617 W
20th St #B, Greeley, CO 80634 (“Title Company”), in its trust account, five (5) days after the
Contract is approved in accordance with Paragraph 24 and the supplemental signature page
herein has been fully executed. The Earnest Money deposit shall be credited against the
Purchase Price if the Closing occurs. The Earnest Money shall be refundable to Buyer at any
time prior to the expiration of the Title Objection, Off-Record Matters Objection, and Inspection
Objection Deadlines if Buyer is not satisfied with the Property and shall be subject to return to
Buyer upon termination of this Contract by Buyer pursuant to Sections 5, 6, and 18 below.
2
Except as set forth in the preceding sentence, the Earnest Money shall be non-refundable to
Buyer.
b.
At Closing, Buyer shall pay to Seller the sum of $774,000.00, less the
Earnest Money, by cashier's check, wire transfer or other immediately available funds; plus any
other amounts required to be paid by Buyer at Closing; plus or minus any prorations or credits.
c.
All financial obligations of Buyer arising under this Contract that are
payable after the current fiscal year are contingent upon funds for that purpose being annually
appropriated, budgeted and otherwise made available by the City Council of the City of Greeley.
4.
EVIDENCE OF TITLE.
a.
Evidence of Title. On or before the Title Deadline, Seller shall cause to
be furnished to Buyer, at Buyer’s expense, a current commitment for owner’s title insurance
policy covering the Land, in an amount equal to the Purchase Price, setting forth ownership,
lienholders and any restrictions. The purpose of the title commitment is to enable Buyer to
conduct the title review described in Section 5 hereof, and said commitment shall be updated as
necessary up to the Closing; however, neither Seller nor Buyer shall have any obligation under
this Contract to purchase the title insurance policy after Closing. Buyer may elect to acquire this
insurance (limited to the covenants attached hereto as Exhibits B and C) at its expense.
b.
Copies of Exceptions. On or before the Title Deadline, Seller, at Seller’s
expense, shall furnish to Buyer (i) a copy of any plats, declarations, covenants, conditions and
restrictions burdening the Property, and (ii) copies of any other documents (or, if illegible,
summaries of such documents) listed in the schedule of exceptions (“Exceptions”). The title
insurance commitment and any copies or summaries of such documents furnished pursuant to
this Section constitute the title documents (“Title Documents”).
5.
TITLE.
a.
Title Review. Buyer shall have the right to inspect the Title Documents.
Written notice by Buyer of unmerchantability of title or of any other unsatisfactory title
condition shown by the Title Documents which, in Buyer’s opinion, may prevent Buyer from
receiving the Water Rights and the covenants attached hereto as Exhibits B and C, shall be
signed by or on behalf of Buyer and given to Seller on or before the Title Objection Deadline, or
within five (5) calendar days after receipt by Buyer of any Title Document(s) or endorsement(s)
adding new Exception(s) to the title commitment together with a copy of the Title Document
adding new Exception(s) to title. If Seller does not receive Buyer’s notice by the date(s)
specified above, Buyer accepts the condition of title as disclosed by the Title Documents as
satisfactory.
b.
Matters not Shown by the Public Records. Seller shall deliver to Buyer,
on or before the Off-Record Matters Deadline, true copies of all lease(s), survey(s) and other
agreement(s) in Seller’s possession pertaining to the Property and shall disclose to Buyer all
easements, liens or other title matters not shown by the public records of which Seller has actual
3
knowledge. Buyer shall have the right to inspect the Property to determine if any third party(ies)
has any right in the Property not shown by the public records (such as an unrecorded easement,
unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory
condition(s) disclosed by Seller or revealed by such inspection shall be signed by or on behalf of
Buyer and given to Seller on or before the Off-Record Matters Objection Deadline. If Seller
does not receive Buyer’s notice by said date, Buyer accepts title subject to such rights, if any, of
third parties of which Buyer has actual knowledge.
c.
Right to Cure. If Seller receives notice of unmerchantability of title or
any other unsatisfactory title condition(s) or commitment terms as provided in Sections 5a or 5b
above, Seller shall use reasonable effort to correct said items and bear any nominal expense to
correct the same prior to the Resolution Deadline. If such unsatisfactory title condition(s) are not
corrected on or before the Resolution Deadline, this Contract shall then terminate; provided,
however, Buyer may, by written notice received by Seller, on or before 10 days following the
Resolution Deadline, waive objection to such items.
6.
PROPERTY DISCLOSURE AND INSPECTION.
a.
Additional Documents to be Provided by Seller. Supplementing the
provisions of Section 5, Seller shall deliver the following items to Buyer on or before the OffRecord Matters Deadline, to the extent they exist and are in Seller’s possession or control:
(i)
Copies of any documents that relate to the title, use, quantity,
quality and condition of the Water Rights, including, but not limited to, any deeds or other
conveyances, assignments, permits, adjudications or court orders, any testing reports, and any
records maintained by the Company concerning the Water Rights, including without limitation
share certificate records, delivery records, and assessment records (or, in the alternative, Seller
shall obtain for Buyer the right to inspect and copy such Company records); and
(ii)
Copies of all contracts or other agreements relating to the
operation, maintenance or leasing of the Property or any portion thereof.
b.
Right to Inspect.
(i)
Buyer, at its sole cost and expense, shall have the right to enter
upon the Property from time to time to perform such tests or inspections as Buyer deems
desirable to allow Buyer to evaluate the Water Rights and the condition and use of the Property.
Such inspections or testing shall be conducted in a manner to minimize or avoid any disruption
to Seller’s business or operation of the Property.
(ii)
Buyer and its employees, contractors and attorneys shall have the
opportunity from time to time to interview the managers, members, employees and agents of
Seller to assist Buyer in determining the historical use of the Water Rights. Seller agrees to
cooperate with Buyer to facilitate such interviews and to sign affidavits of use of the Water
Rights. Buyer and its employees, contractors and attorneys may also meet with the officers,
directors, attorneys, and shareholders of the Company to determine under what conditions the
Company will approve a change in the place of delivery or use, or the point of diversion, of the
4
Water Rights and other Company shares obtained or to be obtained by Buyer, pursuant to the
bylaws of the Company or other applicable law.
c.
Inspection Objection Deadline. If Buyer is not satisfied with the results
of its inspection of the Property and its review of the information described in this Section 6 for
any reason whatsoever, including but not limited to Buyer’s determination, in its subjective
discretion, that the Land is not capable of supporting needed dry-up requirements, Buyer may, on
or before the Inspection Objection Deadline, (i) notify Seller in writing that this Contract is
terminated or (ii) provide Seller with a written description of any unsatisfactory condition which
Buyer requires Seller to correct (“Notice to Correct”). If written notice is not received by Seller
on or before Inspection Objection Deadline, the condition of the Property shall be deemed to be
satisfactory to Buyer. If Seller fails to provide Buyer with copies of any of the documents or
information set forth above in this Section, the Inspection Objection Deadline shall be extended
by the number of days equal to the delay in delivery of such documents beyond the original
deadline.
d.
Resolution Deadline. If a Notice to Correct is received by Seller and if
Buyer and Seller have not agreed in writing to a settlement thereof on or before Resolution
Deadline, this Contract shall terminate 1 calendar day following the Resolution Deadline, unless
before such termination Seller receives Buyer’s written withdrawal of the Notice to Correct.
e.
Damage; Liens. Buyer is responsible for payment for all inspections,
surveys, and engineering reports or for any other work performed at Buyer’s request and shall
pay for any damage which occurs to the Property as a result of such activities. Buyer shall not
permit claims or liens of any kind against the Property for inspections, surveys, engineering
reports and for any other work performed on the Property at Buyer’s request. The provisions of
this Subsection shall survive the termination of this Contract.
7.
EXTENSION OF DEADLINES BY BUYER. If Buyer, after exercising
reasonable good faith efforts, is unable to complete the title review and/or inspections described
in Sections 5 and 6 of this Contract by the Title Objection Deadline and/or the Off-Record
Matters Objection Deadline and/or the Inspection Objection Deadline, respectively, Buyer shall
have the right, prior to expiration of such deadline(s), to extend such deadline(s) for an additional
period not to exceed 15 days, by sending Seller notice of such fact which describes such
additional period. Upon the sending of such notice, (i) the Resolution Deadline and Closing
Date shall be automatically extended by a similar period or by such other period as the parties
may determine, and (ii) Seller shall be entitled to payment of the Earnest Money, regardless of
whether Buyer closes upon the purchase described herein.
8.
CLOSING. Delivery of deed(s) from Seller to Buyer shall be at Closing
(“Closing” or “Closing Date”). Closing shall be on the date specified as the Closing Date or by
mutual agreement at an earlier date. The hour and place of Closing shall be as designated by
mutual agreement, or absent such agreement at 10:00AM at the offices of the Title Company.
9.
TRANSFER OF TITLE. Subject to tender or payment at Closing as required
herein and compliance by Buyer with the other terms and provisions hereof, Seller shall execute
5
and deliver a good and sufficient Special Warranty Deed to Buyer, at Closing, conveying the
Water Rights free and clear of all encumbrances or restrictions, and an assignment of the portion
of the Water Rights represented by shares in the Company in a form and manner acceptable to
the Company. Seller shall also execute the Restrictive Covenants with respect to the Land. If
there are lienholders or leaseholders in the Land, such parties shall acknowledge and approve the
Restrictive Covenants (No Irrigation) as shown on Exhibit B and the Restrictive Covenants
(Revegetation) as shown on Exhibit C.
10.
PAYMENT OF ENCUMBRANCES. Any encumbrance against the Water
Rights or against the Land, where the lienholder does not execute the restrictive covenants
pursuant to Sections 14f and 14g hereof, shall be paid at or before Closing from the proceeds of
this transaction or from any other source.
11.
CLOSING COSTS; DOCUMENTS AND SERVICES. Buyer and Seller shall
pay, in Good Funds, their respective Closing costs and all other items required to be paid at
Closing, except as otherwise provided herein. Buyer and Seller shall sign and complete all
customary or reasonably required documents at or before Closing. Fees for real estate closing
services shall be paid at Closing by One-Half by Buyer and One-Half by Seller. Buyer shall pay
the transfer fees for the portion of the Water Rights represented by shares in the Company.
12.
PRORATIONS. The following shall be prorated to Closing Date, except as
otherwise provided: None.
13.
POSSESSION. Possession of the Water Rights shall be delivered to Buyer on
Possession Date and Possession Time.
If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to
eviction and shall be additionally liable to Buyer for payment of $500 per day from the
Possession Date until possession is delivered.
14.
OBLIGATIONS AT CLOSING. The following shall occur at Closing, each
being a condition precedent to the others and all being considered as occurring simultaneously:
a.
Seller shall execute, have acknowledged, and deliver to Buyer a Special
Warranty Deed, in the form of Exhibit D, attached hereto and incorporated by this reference
herein, and all other documents necessary to transfer to Buyer the Water Rights, including an
assignment of the portion of the Water Rights represented by shares in the Company in a form
and manner acceptable to the Company.
b.
Seller shall execute and deliver to Buyer an affidavit stating that Seller is
not a foreign person, foreign corporation, foreign partnership, foreign trust, or foreign estate (as
those terms are defined in the Internal Revenue Code and Income Tax Regulations).
c.
required by law.
Seller shall execute a Certificate as to Taxpayer Identification Number as
6
d.
Seller shall have delivered to Buyer possession of the Water Rights.
e.
Buyer shall execute a Real Property Transfer Declaration as required by
Colorado law.
f.
Seller and the holders of any deed of trust or other lien in the Land, which
lien will not be released pursuant to Section 10 hereof, shall execute the Restrictive Covenants
(No Irrigation) for the Land satisfactory to Buyer and substantially as shown on Exhibit B,
attached hereto and incorporated by this reference herein, that will prohibit the irrigation or other
use of water on the Land except as authorized by a valid decree of the District Court for Water
Division No. 1, State of Colorado, or a successor court and in accordance with any future water
right applications filed by Buyer.
g.
Seller and the holders of any deed of trust or other lien in the Land, which
lien will not be released pursuant to Section 10 hereof, shall execute Restrictive Covenants
(Revegetation) for the Land satisfactory to Buyer and substantially as shown on Exhibit C,
attached hereto and incorporated by this reference herein, that will require revegetation of the
Land upon written notice from Buyer to satisfy any applicable revegetation and noxious weed
management provisions as may be required in a final decree obtained by Buyer from the District
Court for Water Division No. 1, State of Colorado, or a successor court, changing certain water
rights from agricultural irrigation purposes to other beneficial purposes.
h.
Buyer and Seller shall enter into an agreement for lease of the Water
Rights for irrigation of the Land as described in Section 15 below.
i.
Seller and Buyer shall each execute and deliver Settlement Statements,
showing adjustments and the payment of costs of the Closing.
j.
Each party shall deliver to the other such other documents, certificates,
and the like as may be required herein or as may be necessary or helpful to carry out its
obligations under this Contract.
15.
LEASE OF IRRIGATION WATER. Seller shall have the right to lease from
Buyer the Water Rights for the continued irrigation of the Land only for a period of up to 15
years after Closing, subject to the City of Greeley, Colorado Charter Section 17-4(c). The annual
lease amount to be paid by Seller to Buyer for any such lease of the Water Rights shall be equal
to any ditch and reservoir company assessments and/or other charges and expenses attributable
to the Water Rights paid each year of the lease by Buyer. Both parties agree to negotiate in good
faith to enter into a water lease agreement for the use of irrigation water on the Land in
satisfaction of this provision at or before Closing.
16.
NOT ASSIGNABLE. This Contract shall not be assignable without prior written
consent, which shall not be unreasonable withheld. Except as so restricted, this Contract shall
inure to the benefit of and be binding upon the heirs, personal representatives, successors and
assigns of the parties.
7
17.
RECOMMENDATION OF LEGAL AND TAX COUNSEL. BY SIGNING
THIS DOCUMENT, BUYER AND SELLER ACKNOWLEDGE THAT THIS DOCUMENT
HAS IMPORTANT LEGAL CONSEQUENCES AND IT IS RECOMMENDED THAT THEY
CONSULT WITH LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING THIS
CONTRACT.
18.
TIME OF ESSENCE AND REMEDIES. Time is of the essence hereof. In the
event any time period expires on a Saturday, Sunday, or legal holiday of the State of Colorado,
the date of performance shall be the next day which is not a Saturday, Sunday, or legal holiday.
If any note or check received as Earnest Money hereunder or any other payment due hereunder is
not paid, honored or tendered when due, or if any other obligation hereunder is not performed or
waived as herein provided, there shall be the following remedies:
a.
If Buyer is in Default: All payments and things of value received
hereunder shall be forfeited by Buyer and retained on behalf of Seller and both parties shall
thereafter be released from all obligations hereunder. It is agreed that such payments and things
of value are LIQUIDATED DAMAGES and (except as provided in Subsection c) are
SELLER’S SOLE AND ONLY REMEDY for Buyer’s failure to perform the obligations of this
Contract. Seller expressly waives the remedies of specific performance and additional damages.
b.
If Seller is in Default: Buyer may elect to treat this Contract as canceled,
in which case all payments and things of value received hereunder shall be returned and Buyer
may recover such damages as may be proper, or Buyer may elect to treat this Contract as being
in full force and effect and Buyer shall have the right to specific performance or damages, or
both.
c.
Costs and Expenses. In the event of any arbitration or litigation relating
to this Contract, the arbitrator or court shall award to the prevailing party all reasonable costs and
expenses, including attorney fees.
19.
TERMINATION. In the event this Contract is terminated, all payments and
things of value received hereunder shall be returned and the parties shall be relieved of all
obligations hereunder, subject to Sections 6e and 7.
20.
ENTIRE AGREEMENT; SUBSEQUENT MODIFICATION; SURVIVAL.
This Contract constitutes the entire Contract between the parties relating to the subject hereof,
and any prior agreements pertaining thereto, whether oral or written, have been merged and
integrated into this Contract. No subsequent modification of any of the terms of this Contract
shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the
parties. Any obligation in this Contract which, by its terms, is intended to be performed after
termination or Closing shall survive the same.
21.
SIGNATURES. Signatures may be evidenced by copies transmitted via
facsimile or electronic mail. Documents with original signatures shall be provided to the other
party at Closing, or earlier upon request of any party.
8
22.
NOTICE. Any notice or other communication given by any of the parties hereto
to another relating to this Contract shall be in writing and shall be deemed to have been duly
given (i) on the date and at the time of delivery if delivered personally to the party to whom
notice is given at the address specified below; or (ii) on the date of delivery or attempted delivery
shown on the return receipt if mailed to the party to whom notice is to be given by first class
mail, sent by registered or certified mail, return receipt requested, postage prepaid and properly
addressed as specified below; or (iii) on the date and at the time shown on the facsimile if
telecopied to the number specified below and receipt of such telecopy is acknowledged; or (iv)
on the date and at the time shown on the electronic mail (email) if emailed to the email address
specified below and receipt of such email is acknowledged; or (v) on the date shown on the
delivery acknowledgment provided by the courier if sent by a nationally-recognized overnight
courier service (such as Federal Express) that provides evidence of delivery:
If to Seller to:
Chalk & Associates LLC
Attention:
1650 Thistle Ridge Road
Highlands Ranch, CO 80126
Telephone:
Facsimile:
Email:
With a copy to:
Mark Drouhard
LANDPROFESSIONALS, LLC
103 Blue Heron Ct.
Mead, CO 80542
Transactional Broker for both Parties
If to Buyer, to:
City of Greeley Water and Sewer Department
Attention: Eric Reckentine, Deputy Director of Water Resources
1100 Tenth Street, 3rd Floor
Greeley, CO 80631
Telephone: 970-350-9815
Facsimile: 970-350-9805
Email: [email protected]
With a copy to:
Greeley City Attorney’s Office
Attention: Jerrae Swanson, Environmental and Water Resources
Attorney
1100 Tenth Street, Suite 401
Greeley, CO 80631
Telephone: 970-350-9757
Facsimile: 970-350-9763
Email: [email protected]
23. BROKERAGE COMMISSIONS. Seller and LANDPRO ("Broker") agree that
Broker has brought about the above sale and that for such services Seller agrees to pay Broker a
9
commission equal to 3% of the Purchase Price (“Seller’s Commission Payment”). Seller’s
Commission Payment shall be paid out of the Purchase price, at Closing, but shall not be
considered to be earned, due or payable unless and until title to the Property passes and the
Contract is performed in full. Buyer and Broker also agree that Broker has brought about the
above sale and that for such services Buyer agrees to pay Broker a commission equal to 3% of
the Purchase Price (“Buyer’s Commission Payment”). Buyer’s Commission Payment shall be
paid pursuant to a separate agreement between Seller and Broker dated
______________________ but shall not be considered to be earned, due or payable unless and
until title to the Property passes and the Contract is performed in full.
24.
WATER AND SEWER BOARD APPROVAL REQUIRED.
THE
OBLIGATIONS OF BUYER ARE EXPRESSLY CONTINGENT UPON THE APPROVAL OF
THIS CONTRACT BY THE CITY OF GREELEY WATER AND SEWER BOARD.
25.
NOTICE OF ACCEPTANCE; COUNTERPARTS. This proposal shall expire
unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the
offering party receives notice of acceptance pursuant to Section 22 on or before the Acceptance
Deadline Date and Acceptance Deadline Time. If accepted, this document shall become a
Contract between Seller and Buyer. A copy of this document may be executed by each party,
separately, and when each party has executed a copy thereof, such copies taken together shall be
deemed to be a full and complete Contract between the parties.
SELLER:
BUYER:
CHALK & ASSOCIATES LLC, a
Colorado Limited Liability Company.
CITY OF GREELEY, COLORADO, a
Municipal Corporation, acting by and
through its Water and Sewer Board
By:________________________________
By:________________________________
Director of Water and Sewer
Date:_______________________________
Date:_______________________________
THE FOLLOWING SUPPLEMENTAL SIGNATURE PAGE SHALL BE EXECUTED
BY BUYER SUBSEQUENT TO APPROVAL BY THE CITY OF GREELEY WATER
AND SEWER BOARD PURSUANT TO SECTION 24 HEREINABOVE.
10
By:_______________________________
Board Chairman
By:________________________________
Mayor
APPROVED AS TO SUBSTANCE:
ATTEST:
By:_______________________________
City Manager
By:________________________________
City Clerk
APPROVED AS TO LEGAL FORM:
AS TO AVAILABILITY OF FUNDS:
By:_______________________________
City Attorney
By:________________________________
Director of Finance
11
EXHIBIT A1 TO
CONTRACT TO BUY AND SELL WATER RIGHTS
The Land shall include the real property legally described as follows:
Lot B of Recorded Exemption No. 0805-26-01 RECX14-0060 as recorded on 10/09/14 at
Reception No. 4052913 being a portion of the West ½ of the Northeast ¼ of Section 26,
Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, being 77
acres more or less.
12
EXHIBIT A2 TO
CONTRACT TO BUY AND SELL WATER RIGHTS
(See attached survey)
13
WATER & SEWER BOARD AGENDA March 18, 2015
ENCLOSURE _____
NO ENCLOSURE __X__
ITEM NUMBER:
9
TITLE:
REPORT: POUDRE PONDS, PARCEL B,
STATUS OF MINING
RECOMMENDATION:
INFORMATIONAL ONLY
ADDITIONAL INFORMATION:
Report and presentation to inform the City of Greeley Water & Sewer board of
the status of the mining and reclamation activities for Poudre Ponds Parcel B.
Item XX, Page 1
WATER & SEWER BOARD AGENDA MARCH 18, 2015
ENCLOSURE ____
NO ENCLOSURE __X__
ITEM NUMBER:
10
TITLE:
LEGAL REPORT
POSSIBLE ACTION:
STATEMENTS OF OPPOSITION, IF ANY
RECOMMENDATION:
INFORMATION ONLY
ADDITIONAL INFORMATION:
Item 10, Page 1
WATER & SEWER BOARD AGENDA MARCH 18, 2015
ENCLOSURE __X__
NO ENCLOSURE ____
ITEM NUMBER:
11
TITLE:
DIRECTOR’S REPORT
RECOMMENDATION:
INFORMATIONAL ONLY
ADDITIONAL INFORMATION:
•
•
•
Fix a Leak Week: March 16 – 22, 2015
Greeley: So Much More
Water Festival VIP Tour
Item 11, Page 1
NEWS RELEASE
March 9, 2015
For Immediate Release
For more information, media representatives should contact:
Natalie Stevens, Marketing Technician
970-350-9204
[email protected]
Subject: Fix a Leak Week 2015 in Greeley
As part of the U.S. Environmental Protection Agency’s (EPA’s) program, this year’s Fix a Leak Week
encourages Americans to help put a stop to the more than 1 trillion gallons of water wasted from
household leaks each year. Sponsored by EPA’s WaterSense® program, Fix a Leak Week is March 16
through 22, 2015. In support, the City’s water conservation program is promoting finding and fixing
residential leaks in Greeley.
Leaks can account for more than 10,000 gallons of water in an average home every year—the amount of
water it takes to wash 270 loads of laundry. In many cases, fixture replacement parts pay for themselves
quickly and can be installed by handy do-it-yourselfers or local plumbing professionals. Here are two
tips:
Check for leaks. Look for dripping faucets, showerheads, sprinklers, and other fixtures. Also
check for toilets with silent leaks by putting a few drops of food coloring into the tank, wait 20
minutes, to see if color appears in the bowl before you flush. You can pick up dye tablets for this
purpose at the Water Department or where you pay your bill at City Hall.
Repair and replace the fixture if necessary. If you can’t fix it yourself, call a professional to
repair leaks. When replacing fixtures, look for WaterSense labeled toilets, showerheads and
faucets, which are independently certified to use 20 percent less water and perform as well as or
better than standard models.
The water conservation program will have a showerhead exchange on March 13 through 15 during the
Tribune’s Home and Garden Show at Island Grove Park. Greeley Water customers can bring in old
showerheads and replace them with new ones that are more efficient. The Greeley City Council will
proclaim it to be Fix a Leak Week in Greeley on March 17.
For more information on Fix a Leak Week, visit www.epa.gov/watersense.
###
WHEREAS, household leaks account for more than 1 trillion gallons of water wasted across the
United States each year—equal to the annual household water use of more than 11 million
homes; and
WHEREAS, finding and fixing leaks is as easy as check toilets for silent leaks, fixture
connections, and replacing broken fixtures with WaterSense® labeled models; and
WHEREAS, many common household leaks, including worn toilet flappers, leaking
showerheads, and dripping faucets are easily correctable; and
WHEREAS, fixing leaks can save homeowners an average of more than 10,000 gallons of
water per year, or the amount of water in a typical backyard swimming pool; and
WHEREAS, WaterSense® is a voluntary partnership program sponsored by the U.S.
Environmental Protection Agency to protect the future of our nation’s water supply by promoting
water efficiency and WaterSense® labeled products; and
WHEREAS, EPA’s WaterSense® program celebrates Fix a Leak Week the third week of March
as a time to remind Americans to check their household fixtures and irrigation systems for leaks;
and
WHEREAS, City of Greeley is partnering with WaterSense® to encourage Americans to detect
and fix leaks and promote efficient water use to ensure adequate water supplies for future
generations.
NOW, THEREFORE, I Mayor Tom Norton do hereby proclaim March 16 – March 22, 2015 to be
FIX A LEAK WEEK
In the City of Greeley we urge all citizens and businesses to find and fix leaks, and use water
efficiently.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of to be
affixed this 17th of March, 2015.
Signature
2015 CHILDREN’S WATER FESTIVAL
The Children’s Water Festival in Greeley is on
April 29 and you are invited to be our special
guest. This is a free event developed to teach
4th grade students the importance of local,
national and worldwide water issues. The
event was first established in 1991 by the
Central Colorado Water Conservancy District,
and is now co-hosted by the City of Greeley
Water Conservation/Stormwater programs and
the West Greeley Conservation District. This
year, we have about 800 students attending,
with fun and fabulous activities presented by
more than 60 water and environmental
professionals.
The theme for 2015 is the Colorado Water:
Live Like You Love It. Conserve, care and
commit to learn more about your water is at
the heart of the new Live Like You Love It
campaign that is being adopted throughout the
State of Colorado. Learn more about Live Like
You Love it on Facebook and Twitter.
We would like to give you a private tour of the festival, followed by a light lunch.
WHEN:
Wednesday, April 29, 2015
WHERE:
Island Grove Events Center, 425 N. 15th Avenue
TIME:
10:30 am to 11:30 am, followed by lunch
RSVP BY:
April 22
PHONE:
970-350-9204
E-MAIL:
[email protected]
WATER & SEWER BOARD AGENDA MARCH 18, 2015
ENCLOSURE _____
NO ENCLOSURE __X__
ITEM NUMBER:
12
TITLE:
SUCH OTHER BUSINESS THAT MAY BE
BROUGHT BEFORE THE BOARD AND
ADDED TO THIS AGENDA BY MOTION OF
THE BOARD
RECOMMENDATION:
TO BE DETERMINED
ADDITIONAL INFORMATION:
Item 12, Page 1