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Home My WebLink About2.0 CorrespondenceJAMES M. LARSON STEVEN M. BEATTIE LARSON & BEATTlE ATTORNEYS ANO COUNSELORS AT LAW 20t CENTENNIAL STREET sutTE 203 GLENWOOD SPRINGS, CO. 8I 60I June f0, 1985 TELEPHONE (r031 045-865e /L-)WJUN 1u 1985 Roger Ludwig County Administrator GARFIELD CO. PLANNER Garfield County Courthouse 109 Bth Street, Suite 300 Glenwood Springs, Rifle Village South Local fmprovement District Dear Roger: rt appears advisable for the county to consolidate alrof the fi1es, particularly those involving the County Attorney' Of fice, dt the Courthouse. Therefore, I am returning herewiti-Ithe rather large partition type County Attorney's fileconcerning the above matter. r do have some comments, basedupon what has occurred and the invol-vement of this firm,which I would like to provide you herewith. Based upon what we now know at reast to this date, thefile of the county Attorney does appear fairry complete.one section discusses the various arrangements made withBoettcher & Co., Central Bank of Denver as Trustee, and.other parties involved concerning the County of GarfieldLocar rmprovement District #1984-1 speciar Assessment Bonds.The extent of the financial exposure is revealed by a copyof a Debt Service Report dated september L, l9B4 which youwill find in the file and which is tabbed. The first bondinterest payment was due June l, 1985, which r understandthe County paid (the payment funds came from the bond issueas "capitali-zed interest"); and the obrigation to make thebond payments from the speciar Assessment Fund to be createdby the commissioners, continues until December L, 1994. Ifpayments are made according to the schedule, the total bondpayments by December 1, 1994 will be 9464,439.37. f believe the Board of County Commissioners, in L}BA,adopted 3 different resolutions concerning this matter. A1l3 resol-utions are recorded in the office of the Garfiel-dCounty recorder. The first resolutj-on, #84-116 and adoptedJune 25, 1984, declares the intention of the Board to l- Roger Ludwiq June 10, 1985 create the local improvement district within the county andadopts details and specifications therefor. The next resolution,#84-181, was adopted JuIy 23, L9B4 and creates the 1ocalimprovement district #1984-L, orders the construction andinstallation of certain street and drainage improvements,and provides for the issuance of the bonds in payment forthe improvements. The third resolution, adopted August 27,1984, authorizes the issuance of special assessment bonds inthe principal amount of $287,000.00 and contains furtherinformation on the details of the bonds. These resolutions were adopted, and the proceedings were conducted for the creation of the District, underC.R.S. S30-20-601 et seq., which is entitled Local ImprovementDistricts - Counties. The statute al1ows the county tocreate the special district upon pet5-tion and resolution, ormerely by resolution of the board. A memorandum in the filefrom EarI Rhodes indicates that the District was not createdpursuant to petition, but merely by resolution of the Board.It is evident from our investigation, however, that variouspersons in the Rifle ViIlage South Area were instrumental inhaving the District created. Those persons, including DianeHarvey, apparently dealt directty with EI Dorado Engineerirg,the engineering company which designed the plans and specificationsfor the project, and also, according to Diane, dealt directlywith Boettcher & Company, the bond underwriter. A written contract between EI Dorado Engineering Company and whoever else signed the contract for engineering services,has not been located. Diane Harvey informed me in a conversationI had with her, that she destroyed all of the files whichshe previously had, including such a contract, earlier thisyear. Tt does appear as if the Garfield County Board of Commissioners was not a party to the engineering contract. ft further appears from the County Attorney's file,that then County Attorney Rhodes altered, working with Leonard Bowlby as the County Road and Brj-dge Supervisor atthat time, certain provisions of the construction specificationsfor the improvements to be constructed in the District.AIsor we are advised that Cliff's Engineeri.g, Inc. alteredcertain portions of the plans or drawings which presumablyEI Dorado originally did as part of its engineering design work. Following the creation of the District and the arrangringof the bond financing, the County itself was directly involvedwith Elam Construction, Inc., the contractor on the project. The Board of County Commissioners signed an agreement with -z- Roger Ludwig June 10, 1985 Elam early in September, 1984 for construction of theimprovements. The agreement referenced the drawings preparedby E1 Dorado Engineering Company as modified by Cliff'sEngineering company and also references the specificationsprepared by El Dorado Engineering company as modified by theowner. The contract price is set at $2261557.50 as per Eram'sbid. Thereafter, or as part of the construction project, thecounty entered into an agreement with claycomb EngineeringAssocJ-ates, Inc. Septembey 4, 1984 for that engineering company to perform construction staking, construction observation,and contract administration. A copy of that agreement, aswelI as pay requests and engineering report information, isin the file returned herewith. That portion of the countyAttorneyrs file appears complete. With regard to Claycomb Engineeri.g, one of the mostrecent bits of informatj-on in the file is a copy of a letterd.ated January 31, 1985, from Claycomb Engineering addressedto Larry Schmueser as Road Supervisor of Garfield County.That letter informs Mr. schmueser that claycomb Engineeringwill no longer be providing consulting engineering services,and the leLter suggests and requests that High CountryEngineeri.g, rnc. which apparently acquired some of craycomb'sfi1es, would be available to provide such services to thecounty upon acceptance by the Board of County Commissioners.The original of this letter, with several copies, I believewere delivered to you on June 3,1985, dt the meeting we aIIhad with the Board of Commissioners. Mildred Alsdorf, County Clerk and Recorder, has madeher files availabre for our inspection, and has also furnishedseveral photocopies of minutes of various meetings which theBoard had. r am incruding the information from Mirdred withthe file returned herewith. I have not reviewed this informationsince I am not sure such review is warranted given theaction I understood the Board to have taken on June 3r 1985.King L1oyd, Contract Administrator for Garfield County, hasalso delivered to me some letters, one dated May B, 1985(two pages) and another letter dated May 3I, 1985 (onepage). The originals of these letters I am enclosing herewithas well -3- Roger Ludwig June 10, 1985 I gather the County administration will be proceeding to take certain steps regarding the project, consistent withthe Board action of June 3. There needs to be some coordinationwith Claycomb Engineering/High Country as to conti-nuing enginee.ring services, particularly as they apply to the remainder of the constructi-on contract and also in connectionwith the assessment process. I also understand that one ofthe things that was paid for as part of the bond issue debt,included services of bond counsel in connection with mattersyet to be done, particularly regarding preparation of furtherresolution or resolutions for county commmissioner board consideration, such as the resolution relating to the assessmentof the various properties so that tax monies can be levied and, hopefully collected, to be deposited into the special bond fund and from which future bond payments of principal and interest are to be made. I will of course leave up to you and the commi-ssionersthe degree of involvment of the County Attorney's Office as these various 1ega1 matters move forward. I do wish tooffer our firm's services, however, now that we are somewhatfamiliar with the background of the matter and know generally what needs to be done to finish the project and assessrnentprocess, in the event you wish some loca1 legal assistance and review on behalf of the Board of Commissioners. Pl-easejust let us know when and to what extent we may help fromthis point forward. Yours very truly, .1( fa,*^- 4,t, O-^ O*- JML/copc: King Mark Don Jack Janies M. Larson L1oyd, Garfield County Contract Administrator Bean, Garfield County PlannerK. DeFord, Garfield County AttorneyB. Wolfe, Municipal Underwriter, Boettcher & Co -4- ffiarFiN "AAETRO" RIFI-E VILI.AGE SOUTH METROPOLITAN DISTRICT 424 Railroad Avenue Rifle, Colorado 81550 Phone: 625-1341 Ayttti[- 21, 1981 Gandie.Ld Cc;untq PL-anning 0 $(i-ce Attontion: Raq Bal-dwin Oe-an Raq: Aa 7 ytnomi,sed at tl,tz ,Lecetrt me-zting on Souil't Ridl-o, 7 have znc.(-o,sed a copq oI tl,te ottigina.L senvice PI-an (1964) and.ttte.tertvice- a"]Lea map. Vou wiLL note that it ,show.r tho Oi,strtict' ,s tottvice- alLQ-a Lxtendlng dnom tl'La. eunnent p.Lant ,sitz Q-a"LtwilLd pl.Lt .t.he ainytotLt i.o the SiLt bn Ldge. Thi,s ,sen-vice p.(-an centene-cl anound the. ainysctnt aL .the. ma.ict,L poysu{-ation bat:e and encomysa",ste-d 5,000 ctcnoa ctnd wou.Lcl u.(.t-.imatz.(-LJ Le.trvQ. 60,000 yteo ysLe. In pun-auit od that goal-, t.he, Mzt.topol-i.tan D.La tn-ict ha't puncha,se.d a l4-acnz Leu)el ytLa-nt ,5ite, a 2-acne watol p,Lant ,site, Au|dicient waten eontnact,s and condtttuctzd ovLtL two rni.l-e-d od 18" L8-1il8-)L Linz on tl,te noad .Leading to the ainpoht t() e-n.luhe adequate tonvice,s. 0ve-tt $q00,000 o{ tax-paUe"/L monie,s having be,en e-xysondo-d .tct enturLQ- adocluatz {aeiLitiet withivt the aznvicz ysX-an a/Lea, it.Ls obvLou,s that thz 0i,stttict inte-ndr to LeQ. the..te $aciLitiz.t uti.LLze.d tct thein- $uLl-ett benedit bq whatevo-n devzL,oysmznt melj occutL within thz.tzttvice pLan AILLA, incl-uding tlte ainytctnt. Notwitha.tanding the pQ.rL6onaL ptLe{enenceL o$ tl,te ainpont PUD ou)nuLL, 7 {a"i.t. t.o ALL hoto anqone cz,n ptLopo,se t[,tz 11th houtt chango,s whlch woul-d ,so handhLLl d.Laadvantagetlte Metnoy: oLitan Dia tn-ict. AL,so onc!-o,sed ia a eutne-nt L^)otLhing dnawing o d the MetrtctysoLitan Oi,s- tttiettt pnettent boundattie-t, wl,ticl,t a.L qctu r,oi.Ll noi.e , adjoi.n the ainpont PUD and apytattentX-q come wi.thin te-vena"X- hundned UCLILdL o( tlne- neuJ.Ltj p tLofro b ed L etile,L p Lant. Ple-aae a.dvi,sL uA wl+e-n anLJ duntLte-n clntidetLation o6 anry watzn o)L LeuJe-)L(aci{-itie-,s ilLe- to bo tafzen. bedct.n-e P67 cJL.th.e Countgl Comni.tdionen,s A0 tl'tat we- meA a"ppQ-atL aytd te-,sLL6,j aL to tho cutLlLe-n.t avai[.ctbi.Lit.q od,senvlcot. I { 7 can be- oI anA p0L^ibt-e- aLL.i.Ltance, p.Lea.6e- contact me. SinceneLq,r,-/,{,"++-r+-Z*u! <:) ' / Lamont L. Kinhade b/1.1 2f 7 ts?a "f/<-o I T. V. GAREL ENGINEER ING !'/Lry'h.t a, u, / ()),,7 "',,.o r r rr,, rl -1lr r,,/,%r r, " y n,, 29I9 APPLEWOOD STREET GRAND JUNCTION, COLORADO 8I50I N{r. Lee Jo}rnson Ilighway 13 Ri fle, Colorado Delrr l'1 r. .Iohrrson , I'hc Rifle VilLagc South MetropotjLan t)istrithat I determine the present capaUifity of their.water f acil ities as of this ctate relative to thavailable for service. The design capacity of-the facilities were Aerated Lagoons Design Capacity: D i scharge Perrni t At l otvance :Present Connected Taps:Remaining Available Taps:Additional Taps Conrmitted:Total Uncommitted Taps : 150,000 CPD or 123,000 GPD or 3.2 MGPD or 3 3 3 570 Taps 468 Taps 31 Taps 437'l'aps 72 Taps 365 Taps ,657 Tzrps B 1'ap s ,649 Taps 7 2 Taps ,577 Taps 1B inclt Intercel-:tor -Sewcr L inc Design Capacity:Present Connected Taps:I{emaining Available Taps : Addi tional Taps Co:nnritted :'Iota1 Uncommitted Taps: The total amount of infiltration into the Interceptor Lineis less than 9,909 grllons per dry, or an equivalent or 30 irptwhich are included in the above sumnlary as committed taps I'hc sanitary wastelater facil ities are pr-csently non-clischarging, atrd ltave not discharged since tirc time irf theircompletion. I'he above _summary ha s been bas ica 1 1y a f i rrned j.n the zotFacil ity Plan_!q, the ciry of Rif le, clated June , Lg7g, asprepared by ARIX, Consulting Engineers. C,r*r-lJr*ru TELEPHONE 242.9564 AREA CODE 303 September, 7, 1979 Re: Capaci.ty of Sanitary iVaste-water Faci 1i ties, Ri.f I eViJlagc South Metro Djstrict ct iras rcquested sirn i tary wa s tc -e number of taps as follows: Theron V. Garel PE - I,S iq A,I , ENSINHERING TE',5I,$Itr-IXY IiEPOIIE. : S$Lr"J,iI ]ft'{,,FLff P:E?ROPOLI,TSII,{ I'IJ\TUR AND S^(iT$TTITTTCIN DTS'fRIC$ ' ' Co:rsulting, Engirreers Denver, *olerado {i0?^04 _1