HomeMy Public PortalAboutTBP 2014-03-05 FRASER BOARD OF TRUSTEES
MINUTES
DATE: Wednesday, February 19, 2014
MEETING: Board of Trustees Regular Meeting
PLACE: Fraser Town Hall Board Room
PRESENT
Board: Mayor Peggy Smith; Mayor Pro-Tem Steve Sumrall; Trustees; Philip Naill,
Eileen Waldow, Vesta Shapiro, Cheri Sanders and Adam Cwiklin
Staff: Town Manager Jeff Durbin; Town Clerk, Lu Berger; Finance Manager Nat
Havens; Public Works Director Allen Nordin; Town Planner, Catherine
Trotter; Police Chief, Glen Trainor, Plant Supervisor Joe Fuqua, Town
Attorney Rod McGowan
Others: See attached list
Mayor Smith called the meeting to order at 5:05 p.m.
1. Roll Call:
2. Approval of Agenda:
Trustee Shapiro moved, and Trustee Waldow seconded the motion to approve the
Agenda. Motion carried: 7-0.
3. Executive Session: For a conference with the Town's Attorney for the purpose of
receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4) (b)
and for the purpose of determining positions relative to matters that may be subject to
negotiations, developing strategy for negotiations, and/or instructing negotiators, under
C.R.S. Section 24-6-402(4)(e) regarding a(n) request for out of town water and sewer
service and to include, Town Manager Durbin, Town Attorney McGowan, Finance
Manager Havens, Public Works Director Nordin, Consultants Ed & Jessica Harvey,
Special Counsel Chris Thorne.
Trustee Sumrall moved, and Trustee Shapiro seconded the motion to enter executive
session. Motion carried: 7-0.
Enter: 5:07
Exit: 7:10
Trustee Sanders moved, and Trustee Shapiro seconded the motion to exit executive
session. Motion carried: 7-0.
Attorney's Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B).
Page 2 of 3
As the attorney representing the Town of Fraser, I am of the opinion that the entire
Executive Session, which was not recorded, constituted a privileged attorney-client
communication.
Rod McGowan, Town Attorney
4. Consent Agenda:
a) Minutes — February 5, 2014
b) Resolution 2014-02-01 Appointing Judges for the Upcoming 2014
Election
Trustee Naill moved, and Trustee Waldow seconded the motion to approve the consent
agenda. Motion carried: 7-0.
5. Open Forum:
6. Public Hearings:
7. Discussion and Possible Action Regarding:
a) Ordinance 419 Amending The Fraser Municipal Code By Adopting
Provisions Authorizing Water And Sewer Service Outside The Town Limits And
Repealing Inconsistent Provisions
b) Byers Peak Properties Out of Town Service Proposal
Rod McGowan briefed the Board on the Ordinance in the packet.
TA McGowan briefed the Board on a conversation he had with Ramsey Kropf,
representing Byers Peak Properties, regarding her concerns with some of the sections in
the Ordinance. TA McGowan did not recommend any changes to the Ordinance.
Trustee Waldow had questions regarding the verbiage in the Town Code exhibit A.
Jack Bestall gave the Board a redline version of the Ordinance outlining BPP's concerns
with the Ordinance.
Due to the publication requirements this Ordinance will be brought back to the Board on
March 51" as an emergency Ordinance.
b) Byers Peak Properties Out of Town Service Proposal
8. Community Reports:
9. Other Business:
Trustee Cwiklin resigned from the Town Board to pursue employment opportunities with
the Town of Fraser
Page 3 of 3
Trustee Shapiro moved, and Trustee Sumrall seconded the motion to adjourn. Motion
carried: 7-0. Meeting adjourned at 8:15 p.m.
Lu Berger, Town Clerk
TOWN OF FRASER
ORDINANCE NO. 419
Series 2014
AN ORDINANCE AMENDING THE FRASER MUNICIPAL CODE BY ADOPTING
PROVISIONS AUTHORIZING WATER AND SEWER SERVICE OUTSIDE THE TOWN
LIMITS AND REPEALING INCONSISTENT PROVISIONS; TO BE EFFECTIVE
IMMEDIATELY
WHEREAS, the Board of Trustees of the Town of Fraser is authorized by state
statutes to provide by ordinance for use of the Town's domestic water and sanitary
sewer systems by consumers outside the Town limits and to contract for such outside
use upon such terms as it deems proper; and
WHEREAS, the Board of Trustees has determine that providing such water and
sanitary sewer services to consumers outside the Town limits may be in the best
interests of the Town and its residents under certain circumstances; and
WHEREAS, the amendments to the Fraser Municipal Code adopted by this
Ordinance will establish appropriate procedures and criteria for the Board to consider
and act on applications for out-of-town water and sanitary sewer service.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, AS FOLLOWS:
PART 1 : AMENDMENT OF MUNICIPAL CODE.
1 .1 The Code of the Town of Fraser, Colorado (herein sometimes referred to as
the "Municipal Code"), is hereby amended by adding a new Article to Chapter 13 of said
Code, to be numbered "Article 5 - Water and Sewer Service Outside Town Limits",
which shall read as set forth in Exhibit "A" attached hereto and incorporated herein by
this reference.
1 .2 Chapter 13 (Municipal Utilities), Article 2 (Water System), Section 13-2-50
(Service Connections) of the Municipal Code is hereby amended by deleting subsection
(g) and renumbering subsequent subsections, as follows [Note: additions are shown in
bold underlined print; deletions are shown as print; the notation "No
Change" indicates that the referenced provisions are not modified]:
Sec. 13-2-50. Service connections.
(a) - (f) [No Change]
Lcjl No connection to be made in winter. [No Change].
Cross-connection control. [No Change].
PART 2: PENALTY CLAUSES. The following section of the Code of the Town of
Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance,
and such section is herewith set forth in full and hereby enacted:
Sec. 1-4-10. General penalty for violation.
It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail
to comply with or resist the enforcement of any provision of this Code; and where
no specific penalty is provided therefor, the violation of any provision of this Code
shall be punished by a fine not exceeding two thousand six hundred fifty dollars
($2,650.00), by imprisonment for a term not exceeding one (1) year, or by both
such fine and imprisonment. Each day such violation continues shall be
considered a separate offense.
PART 4: REPEAL. Any and all existing ordinances or parts of ordinances of the Town
of Fraser covering the same matters as embraced in this Ordinance are hereby
repealed and all ordinances or parts of ordinances inconsistent with the provisions of
this ordinance are hereby repealed; provided, however, that such repeal shall not affect
or prevent the prosecution or punishment of any person for any act done or committed
in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance.
PART 5: SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this Ordinance or the said Codes adopted herein is, for any reason, held to be invalid or
unconstitutional, such decision shall not affect the validity or constitutionality of the
remaining portions of this Ordinance or said Codes. The Town of Fraser hereby
declares that it would have adopted this Ordinance and said Codes, and each section,
subsection, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases thereof be declared invalid or
unconstitutional.
PART 6: DECLARATION OF EMERGENCY; EFFECTIVE DATE. Because of the need
to act promptly on a pending application for out-of-town water and wastewater service,
the Board of Trustees hereby finds, determines, and declares that an emergency exists,
that this Ordinance is necessary for the immediate preservation of public peace, health,
- 2 -
safety and welfare, and that it shall be in full force and effect immediately upon
adoption.
PART 7: PUBLICATION. This Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS 5th day of MARCH, 2014.
Votes in favor: BOARD OF TRUSTEES OF THE
Votes opposed: TOWN OF FRASER, COLORADO
Votes abstained:
BY:
Peggy Smith, Mayor
ATTEST:
( SEAL )
Lu Berger, Town Clerk
Published in the Middle Park Times on March 13, 2014
- 3 -
EXHIBIT A
ARTICLE 5
Water and Sewer Service Outside Town Limits
Sec. 13-5-10. Policy; Authority
(a) It is the established policy of the Town of Fraser that the purpose of the
domestic water system and sanitary sewer system owned and operated by the Town is
to serve the residents of the Town, and any water or sewer service provided or to be
provided outside the Town limits is merely incidental to this purpose. In accordance
with this policy and other considerations, Town water and sewer service will not
normally be provided to property outside the Town limits. However, there may be
circumstances where providing such out-of-town water and/or sewer service is in the
best interest of the Town prior to annexation, and it is the intent of this Article to address
those circumstances and provide a process for consideration of applications for such
service. Any contract or permission for water or sewer service outside the Town limits
is entirely discretionary on the part of the Board of Trustees or its designee and such
service may be denied if the Board or its designee determines, in its sole judgment, that
the provision of such service would not be in the best interests of the Town. Without
limiting the generality of the forgoing, the Town may deny out-of-town service if existing
water supplies, treatment plants or other facilities are inadequate to serve the proposed
expansion.
(b) The Town of Fraser is authorized to operate and maintain water facilities and
sewage facilities within and without the municipality and to provide water and sewage
services to consumers within and without its territorial boundaries, pursuant to the
provisions of C.R.S. 31-35-402 and other provisions of Colorado law. The Fraser Board
of Trustees intends to exercise such authority consistent with the provisions contained
in this Article.
Sec. 13-5-20. Contract Required; Agreement to Annex
(a) A property owner desiring to obtain water or sewer service to serve any area
outside the corporate limits of the Town shall submit an application for such service to
the Town Clerk. The Board of Trustees or its designee will consider such application
and determine if out-of-town service will be allowed and upon what terms.
(b) As a condition for obtaining such out-of-town water and/or sewer service, the
owner will be required to enter into a contract with the Town, consistent with the
provisions of this Article and containing such terms and conditions as may be approved
by the Board of Trustees or its designee.
(c) Each contract for out-of-town water and/or sewer service shall include an
agreement and covenant binding on the property owner and all future owners, to apply
EXHIBIT A -PAGE 2
for or consent to the annexation of the area supplied with municipal services to the
Town when such area or portion thereof becomes eligible for annexation and the Board
of Trustees requests such annexation, and subject to such terms and conditions as may
be provided by contract.
(d) As used herein, the phrase "unless otherwise provided by contract" means or
refers to a requirement or provision that applies if it is not otherwise addressed in an
existing out-of-town service contract or, which applies if the requirement or provision
was addressed in such a contract but that contract has expired or has otherwise been
terminated.
Sec. 13-5-30. Service Area.
(a) An extension of water and/or sewer service outside the Town limits will only be
considered if it will allow for a logical and economical use of the existing Town water
and sewer facilities. To that end, the Board of Trustees shall, by resolution, designate
those areas within and adjacent to the Town limits that can be logically and
economically served with Town water and/or sewer (herein referred to as the "Fraser
Water and Wastewater Service Area").
(b) No application for out-of-town water or sewer service shall be considered unless
the property to be served is within such designated Fraser Water and Wastewater
Service Area.
Sec. 13-5-40. Fees and Dedications
(a) Plant Investment Fees. Unless otherwise provided by contract, a property
owner obtaining water or sewer service from the Town systems to serve any area
outside the corporate limits of the Town shall pay to the Town a plant investment fee
(PIF) in an amount equal to twice the in-town PIF rate as provided in Articles 2 and 4 of
this Chapter and as established from time to time by the Board of Trustees.
(b) Service Fees. Unless otherwise provided by contract, the water and sewer
service fees for consumers outside the Town limits shall be in an amount equal to twice
the in-town service fee rate as provided in Articles 2 and 4 of this Chapter and as
established from time to time by the Board of Trustees.
(c) Mill Levy Equivalent Surcharge. In the event the Town imposes a property tax
mill levy for water and/or sewer improvements or operations, a surcharge shall be
added to the service fees payable by out-of-town consumers, in an amount determined
by the Board of Trustees, so that such out-of-town consumers pay the same or
approximately the same amounts as they would if their property was subject to such mill
levy.
EXHIBIT A -PAGE 3
(d) Water Rights Dedication. Unless otherwise provided by contract, a dedication or
transfer of direct flow and/or storage water rights to the Town shall be required prior to
the approval of any extension of municipally treated water service to property outside
the Town limits. The dedication or transfer must be sufficient to provide reliable water
rights for the development to be served by the proposed extension of water service or to
otherwise account for the impact of the proposed extension upon the Town's water
rights portfolio, as determined by the Board of Trustees.
(e) Payment; Collection. Nonpayment of any fees or charges applicable to out-of-
town water and/or sewer service shall be grounds for disconnection of the property
and/or other collection action as provided in the Fraser Municipal Code with respect to
in-town service. Delinquent fees and other charges may be certified for collection by
the county treasurer as provided in C.R.S. 31-20-105.
Sec. 13-5-50. Owner Pays Costs of Extension; Other Applicable Provisions
(a) All infrastructure and facilities required to extend water and/or sewer service to
property located outside the Town boundaries shall be installed at the expense of the
property owner and shall comply with the provisions of Articles 2 and 4 of this Chapter
and Chapter 14 of the Fraser Municipal Code. The property owner shall provide
easements for such infrastructure and facilities, as provided in the Municipal Code, and
the Town may require execution of an improvement agreement, with appropriate
security, for the construction and installation of such facilities. Upon completion and
acceptance by the Town, all water and sewer mains and related facilities shall become
the property of the Town; provided, however, that any service lines to individual
properties shall remain the responsibility of the consumer.
(b) No part of the water obtained from the Town water system shall be used for any
purpose that is not consistent with the uses allowed by the Municipal Code.
(c) Except as otherwise expressly provided herein or in the contract for water and/or
sewer service, all provisions of the Fraser Municipal Code that are applicable to in-town
water and sewer service shall also apply equally to out-of-town service, including any
and all additional fees and charges provided in the Code that are not otherwise provided
in this Article or in any service contract.
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Produced
TOWN OF FRASER
BOARD OF TRUSTEES
Resolution No. 2014-03-05
A RESOLUTION DESIGNATING THE FRASER WATER AND WASTEWATER
SERVICE AREA.
WHEREAS, the Board of Trustees of the Town of Fraser has this date adopted
Ordinance No. 419, which amends the Fraser Municipal Code by incorporating a new
Article 5 of Chapter 13, relating to water and wastewater service outside the Town
limits; and
WHEREAS, Section 13-5-30 of the Municipal Code, as adopted pursuant to said
Ordinance, calls for the Board of Trustees to designate, by resolution, those areas
within and adjacent to the Town limits that can be logically and economically served with
Town water and/or sewer, referred to as the "Fraser Water and Wastewater Service
Area"; and
WHEREAS, the Board of Trustees intends, by this Resolution, to so designate
the current Fraser Water and Wastewater Service Area.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF FRASER BOARD
OF TRUSTEES, AS FOLLOWS:
1 . The Board of Trustees hereby designates those areas depicted on the attached map
as the Fraser Water and Wastewater Service Area, as reference in Section 13-5-30
of the Fraser Municipal Code. Such designation shall continue in effect until
changed by further action of the Board of Trustees.
2. The Town Clerk or her designee is authorized and directed to include the attached
map of the Fraser Water and Wastewater Service Area as an appendix to the Fraser
Municipal Code.
DULY MOVED, SECONDED, AND ADOPTED THIS 5th DAY OF MARCH, 2014.
Votes in favor: BOARD OF TRUSTEES OF THE
Votes opposed: TOWN OF FRASER, COLORADO
Absent:
Abstained: BY:
Mayor
ATTEST:
( SEAL )
Town Clerk
Lu Berger
From: Jeff Durbin
Sent: Monday, March 03, 2014 10:24 AM
To: Lu Berger
Subject: FW: Byers Peak Properties Response to Fraser's Water &Wastewater Agreement
Proposal
Jeff Durbin
Town Manager
Town of Fraser
From: Jack Bestall [ma i Ito:Jack(a)bestaIlcollaborative.com]
Sent: Friday, February 28, 2014 6:30 PM
To: Jeff Durbin; Peggy Smith (WP)
Subject: Byers Peak Properties Response to Fraser's Water &Wastewater Agreement Proposal
Jeff:
We appreciate the Town's effort to provide an alternate to its original proposal. The original was a non-starter
as Ramsey and I outlined in our discussion with you and Rod at the meeting last Tuesday — as it created more
than double the costs which were in the annexation agreement. We have carefully evaluated Fraser's alternate
proposal; with Clark taking time away from his trip to give it full consideration. The alternate proposal does not
provide a workable solution, as it would prevent allowing Byers Peak to become an affordable, successful
development — which we believe is important to Fraser.
However, the original Byers Peak Properties Water &Wastewater Agreement offer is still on the table; and we
would be glad to meet to discuss it with you. It responds to many of the Town's needs — providing an
equitable partnership between Fraser and the landowner in the achievement of interim and long term storage;
protection of water rights; creation of a major revenue stream ($29mil) for Fraser's capital improvements. It
also makes attractive, affordable development feasible; which allows for a better performing project producing
revenue to the Town.
We believe that it would be better if this opportunity did not slip away from the Town, however, we are
prepared to continue to take the steps necessary to establish a self-contained development project at Byers
Peak Ranch and protect water rights in this portion of the Fraser Valley.
Let us know what steps you would like to take next and thanks again for your efforts on this.
hack Bestatl
BESTALL COLLABORATIVE LIMITED 720.810.6480
Planning Environment Construction Management Development
0ack@bestallcollaborative.com PO Box 2223 Evergreen CO 80437
This message is for exclusive use of the addressee and may contain privileged and confidential information.If not the
addressee,you are prohibited from reading,downloading,photocopying,distributing or otherwise using this message
contents or attachments.If this occurs,destroy the message,notify the sender by e-mail and delete from your system
From: Jeff Durbin [mailto:jdurbin(a)town.fraser.co.us]
Sent: Friday, February 28, 2014 4:04 PM
1
To: Jack Bestall
Subject:
Hey Jack,
Just got your message. I don't want to try to speak on behalf of BPP, could you send me a brief email
or letter indicating that the Jan 30 proposal is the best BPP could offer, or however you'd like to convey
the message?
Jeff Durbin
Town Manager
Town of Fraser
153 Fraser Avenue, P.O. Box 370
Fraser, CO 80442
Phone: 970-726-5491 x202
Fax: 970-726-5518
www.frasercolorado.com
Y
cvcvsaav
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message and any attachments from your system.
2
TOWN OF FRASER
WATER& WASTEWATER SERVICE AGREEMENT
BYERS PEAK PROPERTIES,LLC; BYERS PEAK DOWNHILL ADVENTURES,LLC
The parties to this Water and Wastewater Service Agreement (this "Agreement")
are the TOWN OF FRASER, COLORADO, a municipal corporation of the State of
Colorado ("Fraser" or "Town"), and BYERS PEAK PROPERTIES, LLC, a Colorado
limited liability company and BYERS PEAK DOWNHILL ADVENTURES, LLC, a
Colorado limited liability company (collectively "Developer").
RECITALS
A. Fraser is a municipal corporation existing under the laws of the State of
Colorado. Developer is comprised of two limited liability companies organized
and existing under the laws of the State of Colorado;
B. Developer has secured an approved sketch plan from Grand County for residential and
commercial development on its property, referred generally as Byers Peak Ranch and the
Byers Peak Adventure Park, more specifically described in Exhibit (referred to
herein as "the Property"). The sketch plan approves 1,233 Single Family Equivalent
units ("SFE") for the Property, which is located outside the Town's current boundaries,
and is attached as Exhibit ; and
C. The Town is authorized to provide water and wastewater service outside the Town's
corporate boundaries pursuant to Colorado law, C.R.S.§ 31-35-402 (2013), C.R.S. § 31-
35-512 (2013), and the Town's Municipal Code ("Code"), Chapter 13, Article 5,
regarding out-of-town water and wastewater service; and
D. The Fraser Board of Trustees has had the opportunity to review with Town Staff and
legal counsel the proposed extension of water and wastewater services to the Property,
and on (date), the Board found that this Agreement with Developer for out-of-town
water and wastewater service is in the best interest of the Town, and therefore, passed a
resolution approving the extension of water and wastewater service to the Developer's
property subject to the execution of this Agreement; and
E. Developer plans to develop the Property in several phases, by recording of successive
final plats, and this Agreement will apply to the extension of all water and wastewater
service to such approved plats; and
F. The water and wastewater service for the Property will require the design, planning,
permitting, construction, and installation of water and wastewater lines to connect the
Property to Fraser's water and wastewater infrastructure, to be built at Developer's cost;
and
2014-02-25
Out-of-Town Water Service Agreement
Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC
Page 2of17
G. The Town agrees to provide Developer water and wastewater utility service pursuant to
the terms of the Code and pursuant to the terms and conditions specifically outlined in
this agreement.
H. This Agreement shall become effective upon adoption of a Resolution by the Fraser
Board of Trustees approving its execution and upon execution hereof by the appropriate
Fraser official and by authorized agents of the Developer entities. The date of the latest
of such conditions to occur is referred to as the "Effective Date".
NOW THEREFORE, for and in consideration of the premises, mutual promises and covenants
herein contained, and for the other consideration offered and accepted, the receipt and adequacy
of which is hereby acknowledged, the Town and Developer agree as follows:
POTABLE WATER SERVICE
1. Water Service. Upon approval of this Agreement, the Town agrees to provide treated
municipal water service to Developer for its approved final plat developments on the Property
subject to the conditions set forth in this Agreement, the Code, and all other applicable laws,
rules and regulations under local, state and federal law. While the Developer anticipates
planning multiple phases, in total the final development will not exceed 1,233 SFE. Unless
otherwise approved by Fraser in writing, and under cost recovery provisions noted below, such
water service shall be limited to use by Developer on the Property.
2. Demand Limit and Town Capacity. The Town agrees to provide Developer sufficient water
per SFE, to meet Developer's water demands for up to 1,233 SFEs, as such supply is described
by the Code. Fraser's Water Rights are reasonably adequate to support the potable
municipal water service for existing town users, future development and the SFEs on
the Property, subject to terms and conditions set forth herein. Except as otherwise
provided herein, Fraser shall be responsible for all applicable implementation, operation
and accounting requirements necessary to serve the Property with sufficient water as
provided by the Code.
3. Water Rights and Facilities. As partial consideration for the Town's agreement to
provide water and wastewater service, and in satisfaction of Fraser's water dedication
requirements in connection with the provision of municipal water service for the Property,
Developer agrees to the following grants and conveyances (the "Dedicated Water Rights"):
a. Conveyance of Storage Water Right. The Developer shall cause the water rights decreed
in Case No. 05CW287, which provide for 25 acre feet of storage, to be conveyed to
Fraser by the owners of those rights, upon the approval and execution of this Agreement.
The special warranty deed for this conveyance is attached as Exhibit
b. Conveyance of 05CW287 Storage Site and Easement. Developer agrees to secure and
deliver to Fraser a special warranty deed conveying a parcel containing approximately
four (4) acres from the Grand Park developer to Fraser, so that the Town owns property
2014-02-25
Out-of-Town Water Service Agreement
Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC
Page 3 of 17
where it can construct water storage pursuant to Case No. 05CW287 (the "6W Storage
Parcel"). Such parcel, as generally described in the decree in that case, is also known as
Planning Area 6W, as described in the Grand Park Planned Development District Plan
recorded on November 8, 2005 in the real property records of the Clerk and Recorder of
Grand County as Reception No. 2005-012709, as amended from time to time (the "Grand
Park PDD Plan"), and as outlined on Sheet 3, paragraph 5, referring to a site to be
deeded to Fraser for the public purpose of a maintenance facility. Developer also agrees
to secure an easement to be executed and delivered to Fraser by the Grand Park
developer, so Fraser may construct and access such storage on said 6W Storage Parcel
(the "6W Easement"). Such easement will also include the location for necessary
headgates, ditches and pipelines to deliver and release water supplies for all related
facilities. Such easement shall be in the form attached as Exhibit . The specific
location and description of said 6W Storage Parcel and 6W Easement shall be determined
by Fraser, in consultation with the Grand Park developer, and the conveyance of said
Parcel and Easement shall be completed within one (1) year from the Effective Date, and
Fraser shall be permitted access to the Grand Park property during such period to conduct
surveys, engineering studies and other investigations regarding the 6W Storage Parcel
and the 6W Easement. Failure by the Grand Park developer to consent to the location
for, and to complete the conveyance of the 6W Storage Parcel and the 6W Easement
within said time shall be treated as a default by Developer hereunder.
c. Conveyance of 83CW362 Storage Site and Easement. Developer further agrees to secure
and deliver to Fraser a special warranty deed conveying a parcel containing
approximately five (5) acres, from the Grand Park developer to Fraser, to use for
developing water storage related to the Forest Meadows augmentation plan decreed in
Case No. 83CW362 (the "Forest Meadows Storage Parcel"). The location of such
storage parcel will be consistent with the decree entered in Case No. 83CW362 and will
be located in the area of the Cozens and/or Elk Creek meadows on the Grand Park
property. Developer also agrees to secure an easement to be executed and delivered to
Fraser by the Grand Park developer, so Fraser may construct and access such storage on
said Forest Meadows Storage Parcel (the "Forest Meadows Easement"). Such easement
will also include the location for necessary headgates, ditches and pipelines to deliver and
release water supplies for all related facilities. Such easement shall be in the form
attached as Exhibit . The specific location and description of said Forest Meadows
Storage Parcel and Forest Meadows Easement shall be determined by Fraser, in
consultation with the Grand Park developer, and the conveyance of said Parcel and
Easement shall be completed within one (1) year from the Effective Date, and Fraser
shall be permitted access to the Grand Park property during such period to conduct
surveys, engineering studies and other investigations regarding the Forest Meadows
Storage Parcel and the Forest Meadows Easement. Failure by the Grand Park developer
to consent to the location for, and to complete the conveyance of the Forest Meadows
Storage Parcel and the Forest Meadows Easement within said time shall be treated as a
default by Developer hereunder.
2014-02-25
Out-of-Town Water Service Agreement
Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC
Page 4 of 17
d. Satisfaction of Grand Park Dedication Requirements. Fraser agrees that the conveyance
of the 6W Storage Parcel and Easement will satisfy the obligation of Grand Park
Development, LLC to deed Planning Area 6W to Fraser pursuant to the Grand Park PDD
Plan, as outlined on Sheet 3, paragraph 5,referring to a site to be deeded to Fraser for the
public purpose of a maintenance facility. Fraser further agrees that the conveyance of the
Forest Meadows Storage Parcel and Easement will satisfy the obligation of Grand Park
Development, LLC to deed a five (5) acre "Recreation Site" to Fraser pursuant to the
Grand Park PDD Plan, as outlined on Sheet 3, paragraph 5, referring to a five (5) acre
site for public purpose community recreation and/or open space.
e. Byers Peak Water Rights and Storage. Developer agrees to provide Fraser with
additional water rights and storage from future water storage anticipated to be built on the
Property. Developer shall provide dedicated water rights and storage rights to Fraser for
25 acre feet of releasable water to be stored in a future pond system on the Property as
finally decreed in Case No. IOCW309. Developer agrees to decree the storage right in
Case No. IOCW309 for uses anywhere within Fraser's boundaries and Water Service
Area, as it may change from time to time, in addition to uses on Developer's property and
Grand Park property. The water rights decreed in Case No. I OCW309 to fill and store 25
acre feet of storage shall be conveyed to Fraser by applicants and the owners thereof
within thirty days of the issuance of a final decree for the same. The storage pond(s) for
Fraser's 25 acre feet shall be constructed by Developer, at its expense, within 11 years
after the Effective Date. The water to fill such pond shall be diverted from St. Louis
Creek and shall be capable of being delivered therefrom by gravity to the pond. The
water stored therein shall be capable of being released to the Fraser River via its
tributaries: Elk Creek or St. Louis Creek consistent with the provisions set forth in Case
No. IOCW309, WD 5. An easement for use of the pond(s) and related facilities shall be
conveyed to Fraser in the form attached hereto as Exhibit and shall be executed and
delivered promptly upon completion of the pond(s) that will store Fraser's 25 acre-feet. It
is understood that the Byers Peak storage pond(s) may be designed to include the storage
of additional water rights, and may include storm water detention capacity or any such
other water uses that Developer may require. In such event, the parties shall be
responsible for the costs of all operations, maintenance, repairs, and replacements, water
court and agency filings or activities in proportion to the amount Developer stores in the
subject pond relative to the amount of Fraser's water stored therein. With respect to any
pond that will constitute all or a portion of the Fraser's storage that also will store
Developer water rights, the first water stored in the same shall be deemed to be Fraser's
water rights and Fraser shall have the priority of right to use the dedicated water rights
over any other water stored in such pond.
All property conveyances and easement rights to be conveyed to Fraser pursuant
to this section shall be free of liens and encumbrances. All property conveyances shall
be by special warranty deed, unless otherwise specified herein.
The obligations set forth in this section 3 shall be fulfilled irrespective of
whether Developer chooses not to develop all or portions of the Property.
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4. Leased Water Storage for Fraser. In order to provide temporary augmentation storage for
Fraser pending construction of the storage facilities pursuant to section 3 hereof, Developer
agrees to secure a lease for physical water supplies from Grand Park Development, LLC, for
water stored in the ponds decreed in Case Nos. 99CW315, and 08CW 194, for 25 acre feet of
releasable water, decreed for augmentation use, for Fraser's use. Such lease shall grant Fraser
first priority use of such water and shall be for a term of at least eight years from the Effective
Date, or until the storage ponds on Forest Meadow Storage Parcel and the 6W Storage Parcel and
related facilities have been constructed by Fraser and are in operation, whichever first occurs.
The water shall be leased to Fraser at a rate of$5.00 an acre foot on an annual basis. The form
of the lease is attached as Exhibit , and shall be executed and effective as of the Effective
Date. The lease is intended to provide Fraser with physical water for any required releases
required by the Town, either as required by the Forest Meadows augmentation plan decreed in
Case No. 83CW362, or as otherwise required by the Town to meet calling senior water rights.
All infrastructure that provides stored water under the lease noted in this section 4 shall be
operated, maintained,repaired and replaced at Developer's sole costs.
5. Water Plant Investment Fees. Developer and other future owners of the Property shall pay
Fraser's water plant investment fees at a rate equal to two times the in-town water plant
investment fee rate charged generally by Fraser and governed by the Code at the time of
connection. Except as provided in Section 18 with respect to prepaid fees, the water plant
investment fee shall be paid in full per SFE prior to the issuance of a building permit by the
County, and the specified multiple of the in-town fee per SFE in effect at the time of building
permit issuance shall be charged. Each water plant investment fee must be paid in full prior to
Fraser delivering water to the SFE at issue. The Developer agrees that its County approvals shall
include a requirement that a landowner demonstrate a paid Plant Investment Fee in Fraser prior
to the County accepting a landowner's plan set for County review.
6. Water Service Fees. Developer and other future owners of the Property shall pay Fraser's
water service fees at a rate equal to two times the in-town water service fee rate charged
generally by Fraser on a quarterly or other periodic basis and governed by the Code. If water
service fees are not timely paid, Developer agrees that Fraser may use any means under its Code
or other state or local law, including discontinuing service to the individual connection, to
enforce timely payments. Without limiting the generality of the foregoing, Fraser shall have the
right to certify delinquent service fees and related charges to the County Treasurer for collection
in the same manner as taxes, pursuant to C.R.S. 31-20-105. Developer agrees to include such
details in any property owner association covenants.
7. Raw Water Irrigation. Developer shall install, at Developer's sole cost and expense, a
non-potable irrigation system to irrigate all open space or areas on the Property that are not
individual lawns, so that such areas are to be irrigated in accordance with the final plat approved
by Grand County. No Fraser water or water connections shall be used for such raw water
irrigation. However, water supply for fire hydrants and public drinking fountains shall be made
in compliance with the Code. Irrigation with Fraser's potable water shall be limited as required
under the Code, and this restriction shall be noted by Developer in any property owner
association covenants.
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8. Future Water Right Cases. The Developer agrees not to oppose any water rights application
filed by Fraser for the purpose of findings of reasonable diligence, making absolute or otherwise
utilizing the Dedicated Water Rights and/or utilizing them as a part of its water rights inventory
in connection with any plan for augmentation or other water rights that are a part of its municipal
water system. In addition, Fraser agrees that it will not file opposition to future diligence cases
related to the water rights that serve the Property, including but not limited to Case No.
IOCW309. The parties agree to discuss whether it is appropriate to file joint applications for
diligence and for making the conditional Dedicated Water Rights absolute in the event they both
have interests in the same pond(s).
9. Raw Water Line Easement. It is important to Fraser that it utilize its water rights in St.
Louis Creek for their decreed beneficial uses. As partial consideration for this Agreement,
Developer agrees to assist in enabling Fraser to be able to divert and use its St. Louis Creek
water rights given that water delivery under such rights may need to cross the Property once
diverted as further provided in this paragraph. As a part of constructing Developer's diversion
and transmission facilities from St. Louis Creek to the storage on the Property, and/or when
constructing either water or sewer lines on the Property, or in conjunction with such other
alignment that is cost effective to install the St. Louis Creek transmission line as determined by
Fraser and Developer; Developer agrees to cooperate with Fraser to include the installation of a
raw water transmission line in the open trenches for such facilities so Fraser may divert its
municipal water rights out of St. Louis Creek and convey the water to the Town water treatment
facility or future storage locations. Developer also agrees to provide Fraser with any reasonably
necessary easement across the Property that will allow Fraser access to such raw water lines.
Any additional costs incurred by Developer in fulfilling this responsibility will be paid by Fraser
at the time that such costs are incurred. In addition, until such time that Fraser diverts and
applies its St. Louis Creek water rights to the Town's beneficial uses, Fraser agrees that, on an
annual basis, Developer may use those portions of its St. Louis Creek water rights not otherwise
committed to other uses or parties for decreed purposes, at no cost, on the Property in order to
keep such lands properly irrigated and to reduce dust within Fraser. Such use is an important
municipal use for Fraser to promote the irrigation of fields adjacent to Fraser's other residential
components for aesthetic and dust control purposes, among other municipal purposes. Fraser will
notify Developer of the availability of such water and the parties shall discuss its uses each year,
as may be appropriate, on or before April 15 of each year. Fraser may notify Developer at any
time, in its sole discretion and for any or no reason, that such water will no longer be available
for use.
10. On-site Wells. Section 13-2-20 of Fraser Code provides, and Developer agrees
herein that on-site wells are not permitted on the Property except as approved by Fraser
or as agreed upon herein. Fraser acknowledges the Developer's ponds may intercept
groundwater, and if they do, the ponds will require well permits from the State
Engineer. While such ponds are technically wells if they intercept groundwater and
therefore are subject to the provisions of Section 13-2-20 of the Fraser Code, Fraser
hereby determines that such "wells" are not contemplated by such Section, that a
franchise under the laws of the State is not necessary if the ponds are deemed to be
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"wells," and that the same, if deemed to be "wells" by the State Engineer, are hereby
approved as exceptions to the Code.
Fraser also acknowledges that the Colorado Adventure Park's water supply currently is
provided through a permitted well. The water service for the Adventure Park shall be
provided by Fraser upon payment of plant investment fees, the installation of a
municipal water main line within 200 feet of the well; or upon connection to Fraser's
municipal water system at any time agreed upon by Developer and Fraser. Until such
connection is made as provided herein, the current permitted well is approved as a
limited and temporary water source of supply for the Colorado Adventure Park and a
franchise is not necessary to be obtained under Section 13-2-20 of the Fraser Code for
the same. At the time that such water service connection is made, Fraser and Developer
agree Developer may continue the use of such well for equestrian, snowmaking, and
other non-potable uses within the Project as may be appropriate, subject to the final
approval of Fraser. There shall be a presumption that the well will be continued for
such permitted non-potable uses on the Property and any well permits shall be changed
as needed by the Developer, depending upon the ultimate water uses of the same.
Under no circumstances shall the well be used for potable purposes after the Colorado
Adventure Park is connected to Fraser's municipal water system, absent written
agreement with Fraser, and there shall be no cross connections. All potable uses of the
well shall terminate upon the connection of the Adventure Park potable system to the
Fraser municipal water system. Upon connecting the Adventure Park to Fraser's
municipal water system, Developer agrees it shall install, at its sole cost and responsibility,
proper cross-connection and backflow prevention devices and shut-off mechanisms for well
operation and maintenance. Operation, maintenance, repair and replacement of the Adventure
Park well shall be at Developer's sole cost and responsibility.
11. Resolution of Forest Meadows Augmentation Plan. Grand Park Development, LLC has
raised claims in the past regarding Fraser's obligations and Grand Park Development's rights
under the water rights and augmentation plan decreed in Case No. 83CW362, under the
Annexation of the Forest Meadows property dated October 21, 1981, and under the Meyer
Agreement dated June 6, 1990 (the "Forest Meadows Water Matters"). These claims have been
denied by Fraser. As partial consideration for this Agreement, the Developer has secured Grand
Park Development, LLC's and Cornerstone Winter Park Holdings' (collectively referred to
herein as "Grand Park") agreement to waive any and all claims regarding the Forest Meadows
Water Matters. In addition, Developer has secured Grand Park's agreement that the storage
leased herein and storage water right conveyed herein both may operate as the stored local
augmentation water required by the Forest Meadows augmentation plan. Further, Developer
agrees and has secured Grand Park's agreement that neither will enter opposition to any change
of water rights cases, any other water rights cases, or substitute water supply plans that may be
necessary to operate the Forest Meadows augmentation plan decreed in Case No. 83CW293.
Such agreement by Grand Park is attached as Exhibit
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WASTEWATER SERVICE
12. Wastewater Service. Upon approval of this Agreement, Fraser will provide
municipal wastewater/sanitary sewer service to the Property to serve the final plat
adopted by Grand County, up to a maximum of 1,233 SFE, subject to the terms and
conditions set forth herein and the applicable provisions of the Code.
13. Wastewater Plant Investment Fees. Developer and other future owners of the Property shall
pay Fraser's sanitary sewer plant investment fees (also referred to as wastewater plant
investment fees) at a rate equal to two times the in-town sanitary sewer plant investment fee rate
charged generally by Fraser and governed by the Code at the time of connection. Except as
provided in Section 18 with respect to prepaid fees, the wastewater plant investment fee shall be
paid in full per SFE prior to the issuance of a building permit by the County, and the specified
multiple of the in-town fee per SFE in effect at the time of building permit issuance shall be
charged. Each wastewater plant investment fee must be paid in full prior to Fraser connecting its
sewer service to the SFE at issue. The Developer agrees that its County approvals shall include a
requirement that a landowner demonstrate a paid Plant Investment Fee in Fraser prior to the
County accepting a landowner's plan set for County review.
14. Wastewater Service Fees. Developer and other future owners of the Property shall pay
Fraser's sanitary sewer service fees (also referred to as wastewater service fees) at a rate equal to
two times the in-town sanitary sewer service fee rate charged generally by Fraser on a quarterly
or other periodic basis and governed by the Code. If wastewater service fees are not timely paid,
Developer agrees that Fraser may use any means under its Code or other state or local law,
including discontinuing service to the individual connection, to enforce timely payments.
Without limiting the generality of the foregoing, Fraser shall have the right to certify delinquent
service fees and related charges to the County Treasurer for collection in the same manner as
taxes, pursuant to C.R.S. 31-20-105. Developer agrees to include such details in any property
owner association covenants.
15. Individual Sewage Disposal Systems. Fraser acknowledges and approves the
existing Individual Sewage Disposal System as defined by and regulated by Colorado
law ("ISDS") that serves the Colorado Adventure Park. Such ISDS may continue in
operation until the sooner of the following events occurs: (a) the installation of a
public sewer main within 200 feet of the ISDS; or (b) at such time that the Colorado
Adventure Park facilities are connected to the municipal water system of Fraser. Prior
to connection, the landowner is required to pay the Plant Investment Fee required by the
Town. After any one of the above events occurs, the parties agree that the Colorado
Adventure Park shall connect to Fraser's municipal sanitary sewer system and the ISDS
shall be abandoned, in accordance with local and state laws and regulations.
TERMS APPLICABLE TO BOTH WATER AND WASTEWATER SERVICE
16. Minimum Density. Notwithstanding anything contained herein to the contrary, Fraser shall
not be required to provide water or wastewater service, and no connection shall be made to
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Fraser's water or wastewater systems, for any development on the Property that will have a Net
Density (as defined in the Grand County Subdivision Regulations as of the Effective Date) of
less than two(2)units per acre.
17. Basis for Plant Investment and Service Fees. The water and wastewater plant investment
fees and service fees provided in this Agreement are higher than the in-town rates, because
providing out-of-town service will entail additional utility-related costs to Fraser that are difficult
to quantify with precision and because Fraser is entitled to recoup a reasonable return on its prior
investments in its water and wastewater utility systems. Developer agrees that such fees
provided in this Agreement are reasonable and are rationally related to the costs of providing the
out-of-town services and Fraser's other legitimate,utility-related purposes.
18. Prepaid Plant Investment Fees, Accounting and Credit. In order to insure that funds are
available to pay for off-site water and wastewater infrastructure needed to serve the Property,
Developer agrees to prepay water and wastewater plant investment fees for one-hundred fifty
(150) SFE's, at the rates specified above, concurrent with the execution of this Agreement. The
amounts paid for such prepaid plant investment fees may be used by Fraser for any water or
wastewater capital outlay purposes. Fraser shall account for such prepaid plant investment fees
and allow credit for same when individual lots or other SFE units at the Property are connected
to the Fraser system. Developer may utilize prepaid plant investment fees for connection of a
designated lot or other SFE unit at the Property, or it may assign such prepaid plant investment
fees to purchasers or owners of such lots or units at the Property for purposes of such connection.
A written designation or assignment of such prepaid plant investment fees to be used for a
connection to the system shall be provided to Fraser and to the County as proof of the payment
of the applicable plant investment fees required for the connection, and Fraser shall thereupon
deduct such designated or assigned plant investment fees from the Developer's prepaid plant
investment fee account balance. In no event shall Developer be entitled to any refund or
reimbursement for any prepaid plant investment fees purchased pursuant to this section, nor may
any such prepaid plant investment fees be used or credited for lots or other SFE units located
anywhere except within the Property.
19. Mill Levy Equivalent Surcharge. As provided in the Code, if Fraser subsequently imposes a
property tax mill levy for water and/or sewer improvements or operations, a surcharge shall be
added to the water and/or wastewater service fees payable pursuant to this Agreement to account
for such mill levy. The surcharge will be in an amount determined by the Fraser Board of
Trustees, so that owners of the Property pay the same or approximately the same amounts as they
would if the Property was subject to such mill levy.
20. Review of Plans. Developer agrees that all subdivision plats and plans submitted to the
County for the Property shall also be submitted to Fraser for review and comment, not only as to
water and wastewater connections to the municipal systems, but also other matters that may
affect Fraser. Developer further agrees that all final subdivision plats for the Property shall
include a requirement that all applications for building permits shall be forwarded to Fraser for
review and that all Fraser Code requirements must be satisfied and all applicable fees must be
paid to Fraser before a permit or certificate of occupancy will be issued. Developer agrees to
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reimburse Fraser for all costs, including consultant fees, incurred for review of such plats and
plans, for review of the design plans for water and wastewater facilities submitted pursuant to
Section 21 hereof, and for inspections of facilities constructed pursuant to such plans and
designs. Payment of such reimbursement shall be due within thirty (30) days after billing by
Fraser.
21. Connection to Fraser's Water and Wastewater Facilities.
a. Phased Extensions. Development of the Property shall be phased in such a manner that
initial development occurs adjacent to or as near as feasible to Town boundaries and
existing Fraser water and wastewater infrastructure to be connected to the Property, and
subsequent phases shall be developed in a similar manner, so that maintenance expenses
relating to the new mains and related facilities are minimized. Any deviation from this
requirement may occur only with Fraser's written approval.
b. Design for Connection. Developer shall provide design and engineering information for
the water main line connections and/or wastewater main line connections and all related
facilities and easements to Fraser not less than 60 days prior to construction for Fraser's
approval, which shall not be unreasonably withheld. Such designs and plans shall be in
compliance with the Grand County development approvals. The parties agree that all
design and construction shall also be in compliance with Town water and sanitary sewer
standards and sizes and installation requirements, as governed by the Code and Town
regulations. Developer shall be required to execute an improvement agreement in the
form customarily used by Fraser for subdivision development, with security acceptable to
Fraser, prior to the start of construction. Upon Fraser's approval of the construction plans
and improvement agreement, and after any required easements are secured and
demonstrated to Fraser (and compliance with other terms of this Agreement and
requirements of the Code), then construction can begin.
c. Connection Costs. Developer shall be solely responsible for all costs, materials, labor
and fees required to construct water main lines on the Property and connections to
Fraser's water main lines, and for constructing wastewater main lines on the Property and
connections to Fraser's wastewater main lines, including Town inspection charges.
Except as provided above with respect to Dedicated Water Rights, the Plant Investment
Fees, referenced above, constitute Fraser's revenue source for all other off-site water and
wastewater infrastructure that may be needed to provide water and wastewater service to
the Property, including but not limited to, additional capacity, regional facilities, wells,
water treatment plants,water storage, and water tanks.
d. On-Site Improvements; Inspections and Fees. Developer shall install all water and
wastewater main lines, service lines and stub-outs, meters and necessary improvements
and facilities upon its Property at its sole cost and expense, including provision of all
insurance, without any reimbursement from the Town. Such water and wastewater
service lines and connections, including water metering, shall be subject to all
requirements of the Code and other regulations generally applicable in Fraser, including
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but not limited to required inspections and requirements for installation and testing of
backflow prevention devices. Fraser may establish and collect reasonable application and
inspection fees for water and wastewater connections on the Property.
e. Easements. All required easements for water and wastewater service lines, both on-site
and off-site of the Property shall be obtained by Developer, and proof of such easements
shall be provided to Fraser prior to constructing such lines. Such easement agreements
shall be in the customary and usual form required by Fraser for water and wastewater
service lines and infrastructure, and shall be obtained and finalized at Developer's sole
cost.
f. Ownership. Developer shall provide the Town with reproducible as-built drawings and
AutoCAD drawing data on electronic media, easements for all water and wastewater
lines and facilities in scope and form reasonably acceptable to Fraser, and as required by
the Code. Developer shall also assign all material and labor warranties and certification
by a Colorado professional engineer that facilities have been built in accordance with the
Code and related Town standards and are in proper condition. The requirements of the
Code for acceptance by Fraser of any water main lines, wastewater main lines, or other
required improvements shall be met prior to Fraser providing service to any of the lines
or required improvements. Developer shall convey all water and wastewater main lines,
related infrastructure and easements as required by the Code, upon approved completion
of such lines.
g. Outside Connections. Developer agrees that it will not allow any water or wastewater
users, other than landowners within the approved County final plats for the Property, to
access any water or wastewater main lines, any water or wastewater improvements, or
service without written consent from the Town.
22. Infrastructure Construction, Conveyance and Warranty. Developer agrees to conform to
the development standards in the applicable provisions of the Code with regard to
infrastructure construction and acceptance related to water and wastewater service. For
a period of one year after dedication and acceptance of all of the required improvements to the
Town, which approval shall not be unreasonably withheld, Developer shall warrant the
construction, installation and survivability of the required improvements to the standards
required by the Code. At Developer's sole cost and expense, Developer agrees to make all
needed and necessary repairs and replacements required for Code compliance, including but not
limited to, defective materials, design or workmanship, breach of contract, failure to abide by
approved plans or standards, but not associated with ordinary and normal wear and tear.
Developer agrees that notice of completion, all inspections and warranty notice timing shall be as
dictated by the Code and Fraser's regulations.
23. Excess Capacity. Developer is only responsible for costs associated with on-site water and
wastewater main lines that are reasonably required to service the Property. If Fraser requests that
the water or wastewater main lines be constructed by Developer with extensions or excess
capacity to serve property not within the Property, the parties shall enter into a supplemental
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written agreement to confirm the details and the additional costs of the proposed extension or
excess capacity and arrangements for reimbursement of the additional costs to Developer by
Fraser or the other property to be served. Developer shall not be entitled to any reimbursement
for on-site water and wastewater infrastructure except pursuant to such a supplemental
agreement.
24. Future Annexation. Pursuant to the provisions of C.R.S. 31-12-121, Developer agrees, for
itself, its successors and assigns, to apply for or consent to the annexation of the Property, or a
portion thereof, to the Town of Fraser at a future date when such Property or portion thereof is or
becomes eligible for annexation and the Board of Trustees, by resolution and at the Board's sole
discretion, requests that the Property or designated portion be annexed to the Town. Fraser
agrees that no request for annexation shall be made until Grand County has approved a final
subdivision plat or plats for the area to be annexed, or until the expiration of twenty (20) years
after the Effective Date, whichever comes first, unless otherwise agreed by Developer or a future
owner of the area proposed to be annexed. Contiguity may be established by the annexation of
one or more parcels within the Property in a series as contemplated in C.R.S. 31-12- 104(1)(a).
Such annexation shall not divest or diminish any land use approvals, grants of exemption,
variances, design approvals or any other development rights awarded by Grand County for the
Property, including but not limited to the vesting periods for such land use approvals or
development rights, to the extent such approvals and rights are legally vested on behalf of
Developer prior to annexation to the Town. Upon adoption by Fraser of a resolution requesting
annexation, the owners of the Property or portion to be annexed shall submit a petition for
annexation that complies with applicable requirements of state law to commence annexation
proceedings. Failure of Developer and/or its successors in interest to commence annexation
proceedings as herein required shall authorize the Town to commence such annexation on their
behalf, in which event the Town shall charge, and Developer (or if such property has been
transferred, its successors in interest) shall pay all costs and fees associated with such
annexation. Nothing contained herein shall obligate Fraser to annex the Property or any portion
thereof, and any such annexation shall be at the sole discretion of the Fraser Board of Trustees, if
and when the conditions specified in this section are satisfied. Should any portion of the
Property ever be annexed to the Town, then Developer or its successors in interest agree to
comply with various annexation water obligations as may be required by the Town at that time,
but that water rights dedication, water plant investment fees, and wastewater plant investment
fees are governed by this Agreement. Developer agrees that it will not annex the Property to any
other municipality without Fraser's written consent.
25. Term. Unless sooner terminated as provided herein, this Agreement shall continue in effect
for a period of thirty-five (35) years from the Effective Date. Upon expiration or termination of
this Agreement, any portions of the Property connected to the Towns' water service and
wastewater service pursuant to this Agreement shall not be disconnected, but any such
connections shall be subject to the then-existing provisions of the Code relating to out-of-town
water and wastewater service, as those provision apply in the absence of a contract for such
service.
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26. No Guarantee of Quality, Quantity or Pressure. The Town's agreement to provide water
and wastewater service pursuant to this Agreement does not constitute a guarantee that such
service will be of a certain quality or that it will not be subject to periodic interruption due to
natural or other causes beyond Frasefs control. Fraser shall not be liable for any such conditions
affecting the water or wastewater service hereunder, except as provided by and to the extent
allowed under the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq. or any
successor statute.
27. Enforcement. Time is of the essence hereof. The parties recognize and agree that the Town
has the right to enforce its rules, policies, regulations, Code provisions and the terms of this
Agreement by the disconnecting of the water and/or wastewater service provided hereunder.
Without limiting the foregoing, Developer agrees that the Town may also enforce any violation
of the Town's rules, policies, regulations, ordinances, or Code provisions and the terms of this
Agreement by mandatory or prohibitory injunction or specific performance as allowed by
Colorado law. It is further agreed that, in the event Developer fails to provide the Dedicated
Water Rights to Fraser in the time frames provided for herein, Fraser may also refuse to allow
additional water and wastewater main and service line connections until such default is fully
cured. If such cure is not made within sixty (60) days after notice of the default is given, Fraser
may terminate this Agreement by notice to Developer, in which case Fraser shall retain any and
all sums paid by Developer hereunder and may recover such damages from Developer as may be
proper.
28. Public Utili . Status. The parties agree that for purposes of this out-of-town service, the
Town is not a public utility for water and wastewater service compelled to serve other properties,
or subject to review by Colorado's Public Utility Commission. To the extent allowed by law,
Developer agrees that neither it, nor its successors in interest or assigns shall at any time petition
the Colorado courts, the Board of County Commissioners of Grand County, the Town, or the
Public Utilities Commission or any other governmental entities to require service to any property
or to acquire jurisdiction over the water treatment and distribution systems or wastewater
collection and treatment systems of the Town.
29. No Waiver. Failure of a party hereto to exercise any right hereunder shall not be deemed a
waiver of any such right and shall not affect the right of such party to exercise at some future
time said right or any other right it may have hereunder.
30. Notices. All notices required to be given shall be deemed given upon deposit in the United
States mail, first class postage prepaid, properly addressed to the person or entity to whom
directed at the address shown herein, or at such other address as shall be given by notice pursuant
to this paragraph:
Town of Fraser: With copy to:
Fraser Town Manager Rodney R. McGowan, Esq.
P.O. Box 370 Cazier,McGowan &Walker
153 Fraser Avenue P.O. Box 500
Fraser, CO 80442 Granby, CO 80446
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rmcgowan@gwestoffzce.net
Developer:
Byers Peak Properties, LLC With copy to:
Byers Peak Downhill Adventures, LLC Ramsey Kropf, Esq.
P.O. Box 30 PatricklMillerlKropfNoto P.C.
Winter Park, CO 80482 197 Prospector Road, Suite 2104A
Attn: Clark Lipscomb Aspen, CO 81611
clark@cstoneholdings.com kropMwaterlaw.corn
31. Force Majeure. No party shall be held liable for a failure to perform hereunder due to wars,
strikes, acts of God, natural disasters, floods, drought or other similar occurrences outside of the
control of that party.
32. Severability. If any provision of this Agreement shall be or become invalid or
unenforceable, the remainder of the provisions of this Agreement shall not be affected thereby,
and each and every provision shall be enforceable to the fullest extent permitted by law.
33. Amendment. Except as expressly provided for herein to the contrary, this Water and
Wastewater Service Agreement may not be amended, except by subsequent written agreement of
the parties.
34. Indemnity. Developer shall indemnify and hold the Town harmless from any liability for
events or occurrences arising from the Town entering this Agreement and/or providing water or
wastewater service to Developer, except where such liability arises due to the negligence or
willful misconduct of the Town. Nothing contained herein, however, shall constitute or result in
any waiver or diminishment of and defense or limitation available to the Town under the
Colorado Governmental Immunity Act or other applicable law.
35. Contractual Obligations. Each of the Developer entities agrees to be jointly and severally
obligated under this Agreement to fulfill the responsibilities, obligations and provisions agreed
upon by Developer, including without limitation those provisions relating to default and the
remedies and cures associated with the same. Notwithstanding the foregoing, Fraser shall have
the right to look to only one Developer entity for compliance herewith, as appropriate, and to
seek remedies in the event of a default against only one of the Developer entities and shall not be
obligated to include both in any effort, proceeding or action to secure the same.
36. Assignmen . This agreement shall not be assigned by Developer without the written
consent of Fraser, and Developer agrees that such consent may be withheld in the event Fraser
determines in its reasonable discretion that the proposed successor or assign does not have
financial capacity to perform the obligations of Developer herein.
37. Entire Agreement. This agreement constitutes the entire agreement between the parties with
respect hereto and supersedes all prior written and oral agreements and representations of the
parties.
2014-02-25
Out-of-Town Water Service Agreement
Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC
Page 15 of 17
38. Authorization. By executing this agreement, the parties acknowledge and represent to one
another that all procedures necessary to contract and execute this agreement have been
performed and that the person(s) signing for each party have been duly authorized to do so and to
bind said party to the terms and conditions hereof.
39. Execution. This Agreement may be executed in multiple parts as originals or by email or
facsimile copies of executed originals; provided however, if executed and evidence of execution
is made by electronic copy, then an original shall be provided to the other party(ies)within seven
days of receipt of said electronic copy.
40. Recording; Binding g ffect. This Agreement shall be recorded in the real property records
of the Clerk and Recorder of Grand County, Colorado, and shall constitute constructive notice of
this Agreement and all of its individual provisions. The provisions of this Agreement shall
constitute covenants and servitudes which shall burden and run with the land comprising the
Property and the burdens and benefits hereof shall bind and inure to the benefit of all estates and
interests in the Property and all assigns and successors in interest to the parties hereto.
(Remainder of page left blank intentionally)
2014-02-25
Out-of-Town Water Service Agreement
Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC
Page 16 of 17
IN WITNESS WHEREOF, the parties have set their hand and official seals the day and year first
above written.
TOWN OF FRASER, COLORADO
By:
Margaret"Peggy" Smith,Mayor
153 Fraser Avenue
P.O. Box 370
Fraser, CO 81637
ATTEST:
Lu Berger, Town Clerk
BYERS PEAK PROPERTIES, LLC
C. Clark Lipscomb, President
As Authorized Agent for and on behalf of
Byers Peak Properties, LLC
BYERS PEAK DOWNHILL
ADVENTURES, LLC
C. Clark Lipscomb, President
As Authorized Agent for and on behalf of
Byers Peak Properties, LLC
2014-02-25
Out-of-Town Water Service Agreement
Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC
Page 17 of 17
STATE OF COLORADO )
SS.
COUNTY OF GRAND )
Subscribed and sworn to before me this day of , 2014, by
Margaret"Peggy" Smith, as Mayor, and by Lu Berger, Town Clerk, Town of Fraser, Colorado.
Witness my hand and official seal.
My Commission expires:
Notary Public
STATE OF COLORADO )
SS.
COUNTY OF GRAND )
Subscribed and sworn to before me this day of , 2014, by C.
Clark Lipscomb as authorized agent for and on behalf of Byers Peak Properties, LLC and Byers
Peak Downhill Adventures, LLC.
Witness my hand and official seal.
My Commission expires:
Notary Public
2014-02-25
TOWN OF FRASER-JOINT FACILITIES
BALANCE SHEET
JANUARY 31,2014
JOINT FACILITIES FUND
ASSETS
40-10100 CASH ALLOCATED TO OTHER FUNDS 19,700.00
40-10210 JFOC CHECKING-GMB 0318047507 91,997.98
40-10215 GMB MONEY MARKET-O&M RESERVE 30,987.50
40-11550 A/R-WPR 14,155.76
40-11560 A/R-GC#1 22,639.34
40-11570 A/R-TOF 12,528.07
TOTAL ASSETS 192,008.65
LIABILITIES AND EQUITY
LIABILITIES
40-20920 JFOC O&M RESERVE 191,979.00
TOTAL LIABILITIES 191,979.00
FUND EQUITY
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES-YTD 29.65
BALANCE-CURRENT DATE 29.65
TOTAL FUND EQUITY 29.65
TOTAL LIABILITIES AND EQUITY 192,008.65
TOWN OF FRASER-JOINT FACILITIES
REVENUES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JANUARY 31,2014
JOINT FACILITIES FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
REVENUE
40-30-100 INTEREST-O&M ACCOUNTS 29.65 29.65 400.00 370.35 7.4
40-30-200 O&M REIMBURSEMENT-WPR 8,250.02 8,250.02 235,827.00 227,576.98 3.5
40-30-210 O&M REIMBURSEMENT-GC#1 13,194.26 13,194.26 376,180.00 362,985.74 3.5
40-30-220 O&M REIMBURSEMENT-TOF 7,301.40 7,301.40 204,002.00 196,700.60 3.6
40-30-900 MISCELLANEOUS REVENUE .00 .00 2,000.00 2,000.00 .0
40-30-999 CARRYOVER BALANCE .00 .00 192,116.00 192,116.00 .0
TOTAL REVENUE 28,775.33 28,775.33 1,010,525.00 981,749.67 2.9
TOTAL FUND REVENUE 28,775.33 28,775.33 1,010,525.00 981,749.67 2.9
TOWN OF FRASER-JOINT FACILITIES
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JANUARY 31,2014
JOINT FACILITIES FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
PLANT EXPENDITURES
40-85-110 SALARIES 17,489.52 17,489.52 192,326.00 174,836.48 9.1
40-85-210 HEALTH INSURANCE 2,940.73 2,940.73 50,400.00 47,459.27 5.8
40-85-220 FICA TAX 1,269.32 1,269.32 14,713.00 13,443.68 8.6
40-85-230 RETIREMENT 509.56 509.56 7,693.00 7,183.44 6.6
40-85-250 UNEMPLOYMENT TAX 52.47 52.47 577.00 524.53 9.1
40-85-280 TRAINING PROGRAMS .00 .00 3,000.00 3,000.00 .0
40-85-290 TRAVEL-MEALS AND LODGING .00 .00 2,500.00 2,500.00 .0
40-85-295 MEALS-LOCAL BUSINESS .00 .00 200.00 200.00 .0
40-85-310 LEGAL FEES .00 .00 5,000.00 5,000.00 .0
40-85-320 AUDIT FEE .00 .00 5,000.00 5,000.00 .0
40-85-330 ENGINEERING FEES .00 .00 15,000.00 15,000.00 .0
40-85-350 SLUDGE REMOVAL .00 .00 65,000.00 65,000.00 .0
40-85-370 PROFESSIONAL SERVICES 243.60 243.60 20,000.00 19,756.40 1.2
40-85-375 REIMBURSABLE PROF SERVICES .00 .00 1,000.00 1,000.00 .0
40-85-410 BANK CHARGES .00 .00 100.00 100.00 .0
40-85-430 INSURANCE-PLANT .00 .00 35,000.00 35,000.00 .0
40-85-440 ADVERTISING .00 .00 500.00 500.00 .0
40-85-460 PLANT MAINTENANCE AND REPAIR 686.00 686.00 40,000.00 39,314.00 1.7
40-85-475 GROUNDS MAINTENANCE .00 .00 2,000.00 2,000.00 .0
40-85-480 EQUIPMENT RENTAL .00 .00 500.00 500.00 .0
40-85-490 PROFESSIONAL MEMBERSHIPS .00 .00 500.00 500.00 .0
40-85-500 OPERATING SUPPLIES 152.19 152.19 20,000.00 19,847.81 .8
40-85-506 OPERATING SUPPLIES-CHEMICALS 4,842.50 4,842.50 85,000.00 80,157.50 5.7
40-85-510 EQUIPMENT PURCHASE AND REPAIR .00 .00 20,000.00 20,000.00 .0
40-85-520 TESTING 153.60 153.60 55,000.00 54,846.40 .3
40-85-525 PERMITS .00 .00 10,000.00 10,000.00 .0
40-85-560 UTILITIES-TELEPHONE 171.36 171.36 5,500.00 5,328.64 3.1
40-85-562 UTILITIES-ELECTRICITY .00 .00 140,000.00 140,000.00 .0
40-85-565 UTILITIES-NATURAL GAS .00 .00 6,000.00 6,000.00 .0
40-85-567 UTILITIES-PLANT GENERATOR .00 .00 2,500.00 2,500.00 .0
40-85-569 UTILITIES-TRASH REMOVAL 161.90 161.90 3,500.00 3,338.10 4.6
40-85-650 VEHICLE EXPENSES 72.93 72.93 6,500.00 6,427.07 1.1
40-85-690 MISCELLANEOUS EXPENSE .00 .00 1,000.00 1,000.00 .0
TOTAL PLANT EXPENDITURES 28,745.68 28,745.68 816,009.00 787,263.32 3.5
TOTAL FUND EXPENDITURES 28,745.68 28,745.68 816,009.00 787,263.32 3.5
NET REVENUE OVER EXPENDITURES 29.65 29.65 194,516.00 194,486.35 .0
TOWN OF FRASER-JOINT FACILITIES
BALANCE SHEET
JANUARY 31,2014
JFF-CRR/CIP FUND
ASSETS
47-10100 CASH-COMBINED FUND ( 19,700.00)
47-10220 COLOTRUST 8006-CRR 50,065.71
47-10310 CB MONEY MARKET-CRR 245,473.44
47-10410 GMB MONEY MARKET-CRR 34,206.05
47-10521 CDARS-1014540756-CRR 381,952.19
47-10522 CDARS-1014540802-CRR 381,952.21
47-10523 CDARS-1014540837-CRR 381,901.01
47-10524 CDARS-1015381732-CRR 200,972.66
47-10525 CDARS-1015300856-CRR 365,782.67
47-10526 CDARS-1015300872-CRR 382,497.30
TOTAL ASSETS 2,405,103.24
LIABILITIES AND EQUITY
LIABILITIES
47-20200 ACCOUNTS PAYABLE TRADE 10,123.50
47-20910 JFOC-CRR FUNDS 2,393,842.46
TOTAL LIABILITIES 2,403,965.96
FUND EQUITY
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES-YTD 1,137.28
BALANCE-CURRENT DATE 1,137.28
TOTAL FUND EQUITY 1,137.28
TOTAL LIABILITIES AND EQUITY 2,405,103.24
TOWN OF FRASER-JOINT FACILITIES
REVENUES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JANUARY 31,2014
JFF-CRR/CIP FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
CRR AND CIP FUND REVENUES
47-30-100 INTEREST INCOME-CRR ACCOUNTS 1,137.28 1,137.28 15,000.00 13,862.72 7.6
47-30-990 CRR CARRYOVER BALANCE .00 .00 2,396,684.00 2,396,684.00 .0
TOTAL CRR AND CIP FUND REVENUES 1,137.28 1,137.28 2,411,684.00 2,410,546.72 .1
TOTAL FUND REVENUE 1,137.28 1,137.28 2,411,684.00 2,410,546.72 .1
TOWN OF FRASER-JOINT FACILITIES
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JANUARY 31,2014
JFF-CRR/CIP FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
CAPITAL RPLMNTRESERVE PROJECTS
47-60-730 CRR PROJECTS .00 .00 248,000.00 248,000.00 .0
TOTAL CAPITAL RPLMNTRESERVE PROJEC .00 .00 248,000.00 248,000.00 .0
CAPITAL IMPROVEMENT PROJECTS
47-65-730 CIP PROJECTS .00 .00 134,000.00 134,000.00 .0
TOTAL CAPITAL IMPROVEMENT PROJECTS .00 .00 134,000.00 134,000.00 .0
CAPITAL PURCHASES
47-69-740 CAPITAL PURCHASES .00 .00 150,000.00 150,000.00 .0
TOTAL CAPITAL PURCHASES .00 .00 150,000.00 150,000.00 .0
TOTAL FUND EXPENDITURES .00 .00 532,000.00 532,000.00 .0
NET REVENUE OVER EXPENDITURES 1,137.28 1,137.28 1,879,684.00 1,878,546.72 .1
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Treatment Plant update:
• Pre-Treatment Facilities — Everything is working fine.
• Secondary Treatment Facilities —We installed new equipment in basin #2 and
switched operation from basin 1 to 2. It takes about thirty days for a switch over
or start-up of a new basin.
• Disinfection Facilities — Equipment is working well. The Wedeco representative is
stopping by on February 26th this is the UV system we have.
• Solids Handling —We have begun running the centrifuge again after completing
repairs to the plant water systems.
• Site & Landscape— Snow removal and keeping the roads open is ongoing and
time consuming.
• Water System — Repairs and updates are being done to the plants water
systems.
• Chemical Building —We installed the equipment and did the start-up. We had a
few issues with the bag agitator. It seems the equipment had not been tested
before shipment. The Construction as Approved Certification Form has been
submitted to the health department.
• Permit Requirements —The compliance schedule in the permit has requirements
to locate the sources of the following metals; dissolved copper and total
recoverable arsenic. We have been sampling the collection systems of all three
users of the treatment plant to locate the sources. There are a number of metals
that we test for that meet the permit limits or are below detection limits.
Please call if you have any questions.
Town of Fraser
PO Box 370,Fraser,CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
TOWN OF FRASER
COMBINED CASH INVESTMENT
JANUARY 31,2014
COMBINED CASH ACCOUNTS
01-10200 GENERAL CHECKING#878-000884 165,255.35
01-10220 GENERAL CO-01-0160-8001 7,115,113.88
TOTAL COMBINED CASH 7,280,369.23
01-10100 CASH ALLOCATED TO OTHER FUNDS ( 7,280,369.23)
TOTAL UNALLOCATED CASH .00
CASH ALLOCATION RECONCILIATION
10 ALLOCATION TO GENERAL FUND 2,704,302.82
20 ALLOCATION TO CONSERVATION TRUST FUND 893.87
30 ALLOCATION TO CAPITAL EQUIP REPLACEMENT FUND 470,631.42
32 ALLOCATION TO CAPITAL ASSET FUND 113,894.74
40 ALLOCATION TO DEBT SERVICE FUND 417,350.28
50 ALLOCATION TO WATER FUND 915,098.53
55 ALLOCATION TO WASTEWATER FUND 2,658,197.57
TOTAL ALLOCATIONS TO OTHER FUNDS 7,280,369.23
ALLOCATION FROM COMBINED CASH FUND-01-10100 ( 7,280,369.23)
ZERO PROOF IF ALLOCATIONS BALANCE .00
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:1
TOWN OF FRASER
BALANCE SHEET
JANUARY 31,2014
GENERALFUND
ASSETS
10-10100 CASH-COMBINED FUND 2,704,302.82
10-11100 PROPERTY TAXES RECEIVABLE 195,916.00
10-11110 SALES TAXES RECEIVABLE 188,082.91
10-11190 OTHER TAXES RECEIVABLE 3,227.12
10-11550 ACCTS REC-BILLINGS 52,670.67
10-12000 ALLOWANCE FOR DOUBTFUL ACCTS. ( 20,409.55)
TOTAL ASSETS 3,123,789.97
LIABILITIES AND EQUITY
LIABILITIES
10-20200 ACCOUNTS PAYABLE TRADE 22,417.66
10-21000 ACCRUED WAGES 22,983.52
10-21710 FWT/FICA PAYABLE 8,352.10
10-21730 STATE WITHHOLDING PAYABLE 4,127.00
10-21740 UNEMPLOYMENT TAXES PAYABLE 323.91
10-21750 RETIREMENT PLAN PAYABLE 2,715.52
10-21755 457 DEFERRED COMP PAYABLE 2,199.60
10-21760 HEALTH INSURANCE PAYABLE 949.97
10-21773 DEPENDENT CARE PAYABLE ( 1,203.89)
10-21775 FLEX HEALTH PLAN PAYABLE 3,450.46
10-22210 DEFERRED TAXES 195,916.35
10-22920 SUBDIVISION IMP SECURITY DEP 7,779.00
10-22930 DRIVEWAY PERMIT SURETY 12,500.00
10-22950 RENTAL PROPERTY DEPOSITS HELD 750.00
10-22960 COMMUNITY DONATIONS-PROJECTS 500.00
TOTAL LIABILITIES 283,761.20
FUND EQUITY
10-27000 RESFUND BAL-SAVINGS 750,000.00
10-27100 RESTRICTED FUND BALANCE 221,805.00
UNAPPROPRIATED FUND BALANCE:
10-29800 FUND BALANCE-BEGINNING OF YR 2,009,093.74
REVENUE OVER EXPENDITURES-YTD ( 140,869.97)
BALANCE-CURRENT DATE 1,868,223.77
TOTAL FUND EQUITY 2,840,028.77
TOTAL LIABILITIES AND EQUITY 3,123,789.97
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:2
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JANUARY 31,2014
GENERALFUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
TAXES
10-31-100 GENERAL FUND PROPERTY TAX .00 .00 190,000.00 190,000.00 .0
10-31-200 SPECIFIC OWNERSHIP TAX .00 .00 8,500.00 8,500.00 .0
10-31-300 MOTOR VEHICLE TAX .00 .00 4,200.00 4,200.00 .0
10-31-400 TOWN SALES TAX .00 .00 1,650,000.00 1,650,000.00 .0
10-31-410 USE TAX-BUILDING MATERIALS .00 .00 55,000.00 55,000.00 .0
10-31-420 USE TAX-MOTOR VEHICLE SALES .00 .00 45,000.00 45,000.00 .0
10-31-430 STATE CIGARETTE TAX .00 .00 5,000.00 5,000.00 .0
10-31-800 FRANCHISE FEES .00 .00 49,000.00 49,000.00 .0
TOTAL TAXES .00 .00 2,006,700.00 2,006,700.00 .0
LICENSES&PERMITS
10-32-100 BUSINESS LICENSE FEES 20.00 20.00 12,000.00 11,980.00 .2
10-32-110 REGULATED INDUSTRY FEES/TAXES .00 .00 22,500.00 22,500.00 .0
TOTAL LICENSES&PERMITS 20.00 20.00 34,500.00 34,480.00 .1
CHARGES FOR SERVICES
10-34-100 ANNEXATION FEES .00 .00 1,000.00 1,000.00 .0
10-34-110 ZONING FEES .00 .00 1,500.00 1,500.00 .0
10-34-120 SUBDIVISION FEES .00 .00 1,500.00 1,500.00 .0
10-34-130 MISCELLANEOUS PLANNING FEES .00 .00 1,000.00 1,000.00 .0
TOTAL CHARGES FOR SERVICES .00 .00 5,000.00 5,000.00 .0
MISCELLANEOUS REVENUE
10-36-100 INTEREST EARNINGS 265.14 265.14 3,500.00 3,234.86 7.6
10-36-300 RENTAL INCOME 1,205.00 1,205.00 8,000.00 6,795.00 15.1
10-36-610 REIMBURSABLE-PROF SERVICES 1,896.31 1,896.31 50,000.00 48,103.69 3.8
10-36-900 MISCELLANEOUS REVENUE 12,598.36 12,598.36 35,000.00 22,401.64 36.0
TOTAL MISCELLANEOUS REVENUE 15,964.81 15,964.81 96,500.00 80,535.19 16.5
OTHER SOURCES&TRANSFERS
10-39-999 CARRYOVER BALANCE .00 .00 1,936,501.00 1,936,501.00 .0
TOTAL OTHER SOURCES&TRANSFERS .00 .00 1,936,501.00 1,936,501.00 .0
TOTAL FUND REVENUE 15,984.81 15,984.81 4,079,201.00 4,063,216.19 .4
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:3
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JANUARY 31,2014
GENERALFUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
TOWN BOARD
10-41-110 SALARIES .00 .00 26,000.00 26,000.00 .0
10-41-220 FICA TAX .00 .00 1,989.00 1,989.00 .0
10-41-280 TRAINING PROGRAMS .00 .00 2,000.00 2,000.00 .0
10-41-290 TRAVEL,MEALS AND LODGING .00 .00 5,000.00 5,000.00 .0
10-41-295 MEALS AND ENTERTAINMENT 305.43 305.43 8,000.00 7,694.57 3.8
10-41-690 MISCELLANEOUS EXPENSE .00 .00 3,000.00 3,000.00 .0
10-41-860 GRANTS AND AID TO AGENCIES 500.00 500.00 .00 ( 500.00) .0
10-41-861 INTERGOVERNMENTAL AGREEMENTS .00 .00 19,000.00 19,000.00 .0
10-41-862 FRASER/WINTER PARK POLICE DEPT .00 .00 412,080.00 412,080.00 .0
10-41-863 STREET LIGHTING AND SIGNALS .00 .00 14,500.00 14,500.00 .0
10-41-864 SPECIAL EVENTS .00 .00 20,000.00 20,000.00 .0
10-41-867 CHAMBER OF COMMERCE-IGA .00 .00 54,945.00 54,945.00 .0
10-41-868 WINTER SHUTTLE-IGA 10,400.00 10,400.00 52,000.00 41,600.00 20.0
10-41-870 BUSINESS DIST STREETSCAPE .00 .00 5,000.00 5,000.00 .0
10-41-871 BUSINESS ENHANCEMENT PROGRAMS .00 .00 90,000.00 90,000.00 .0
TOTAL TOWN BOARD 11,205.43 11,205.43 713,514.00 702,308.57 1.6
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:4
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JANUARY 31,2014
GENERALFUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
ADMINISTRATION
10-45-110 SALARIES 27,560.59 27,560.59 209,116.00 181,555.41 13.2
10-45-210 HEALTH INSURANCE 5,598.50 5,598.50 36,378.00 30,779.50 15.4
10-45-220 FICA TAX 1,994.64 1,994.64 15,997.00 14,002.36 12.5
10-45-230 RETIREMENT 873.27 873.27 8,365.00 7,491.73 10.4
10-45-250 UNEMPLOYMENT TAX 82.67 82.67 627.00 544.33 13.2
10-45-280 TRAINING PROGRAMS 42.00 42.00 2,500.00 2,458.00 1.7
10-45-290 TRAVEL,MEALS AND LODGING .00 .00 3,000.00 3,000.00 .0
10-45-295 MEALS AND ENTERTAINMENT .00 .00 3,500.00 3,500.00 .0
10-45-310 LEGAL FEES .00 .00 50,000.00 50,000.00 .0
10-45-320 AUDIT FEES .00 .00 12,184.00 12,184.00 .0
10-45-330 ENGINEERING FEES .00 .00 5,000.00 5,000.00 .0
10-45-360 COMPUTERS-NETWORKS AND SUPPORT 3,035.89 3,035.89 45,000.00 41,964.11 6.8
10-45-370 OTHER PROFESSIONAL SERVICES 1,274.00 1,274.00 105,000.00 103,726.00 1.2
10-45-375 REIMBURSABLE PROF SERVICES .00 .00 50,000.00 50,000.00 .0
10-45-380 JANITORIAL SERVICES .00 .00 15,000.00 15,000.00 .0
10-45-385 TREASURER'S FEES .00 .00 5,700.00 5,700.00 .0
10-45-395 RECORDING FEES .00 .00 1,000.00 1,000.00 .0
10-45-410 BANK CHARGES 38.72 38.72 800.00 761.28 4.8
10-45-420 ELECTIONS .00 .00 5,000.00 5,000.00 .0
10-45-430 INSURANCE-ALL DEPARTMENTS 22,118.75 22,118.75 50,000.00 27,881.25 44.2
10-45-440 ADVERTISING .00 .00 2,500.00 2,500.00 .0
10-45-490 PROFESSIONAL MEMBERSHIPS 4,004.00 4,004.00 7,000.00 2,996.00 57.2
10-45-500 OPERATING SUPPLIES 994.28 994.28 12,000.00 11,005.72 8.3
10-45-510 EQUIPMENT PURCHASE AND REPAIR .00 .00 15,000.00 15,000.00 .0
10-45-550 POSTAGE 6.60 6.60 1,500.00 1,493.40 .4
10-45-560 UTILITIES-TELEPHONE 518.70 518.70 6,060.00 5,541.30 8.6
10-45-561 UTILITIES-NATURAL GAS 551.49 551.49 5,700.00 5,148.51 9.7
10-45-562 UTILITIES-ELECTRICITY .00 .00 6,700.00 6,700.00 .0
10-45-569 UTILITIES-TRASH REMOVAL 100.00 100.00 1,500.00 1,400.00 6.7
10-45-670 PROP MGMT-117 EISENHOWER DR 681.82 681.82 12,000.00 11,318.18 5.7
10-45-671 PROP MGMT-105 FRASER AVE .00 .00 500.00 500.00 .0
10-45-673 PROP MGMT-153 FRASER AVE .00 .00 23,000.00 23,000.00 .0
10-45-674 PROP MGMT-200 EISENHOWER DR 52.00 52.00 500.00 448.00 10.4
10-45-676 PROP MGMT-400 DOC SUSIE AVE .00 .00 2,500.00 2,500.00 .0
10-45-690 MISCELLANEOUS EXPENSE 112.00 112.00 7,500.00 7,388.00 1.5
10-45-810 LEASE/PURCHASE-PRINCIPAL .00 .00 19,252.00 19,252.00 .0
10-45-820 LEASE/PURCHASE-INTEREST .00 .00 19,122.00 19,122.00 .0
TOTAL ADMINISTRATION 69,639.92 69,639.92 766,501.00 696,861.08 9.1
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:5
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JANUARY 31,2014
GENERALFUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
PUBLIC WORKS
10-60-110 SALARIES 47,513.21 47,513.21 372,252.00 324,738.79 12.8
10-60-210 HEALTH INSURANCE 11,401.42 11,401.42 80,054.00 68,652.58 14.2
10-60-220 FICA TAX 3,407.58 3,407.58 28,477.00 25,069.42 12.0
10-60-230 RETIREMENT 1,324.04 1,324.04 14,890.00 13,565.96 8.9
10-60-250 UNEMPLOYMENTTAX 142.52 142.52 1,117.00 974.48 12.8
10-60-280 TRAINING PROGRAMS .00 .00 1,000.00 1,000.00 .0
10-60-290 TRAVEL,MEALS AND LODGING .00 .00 1,000.00 1,000.00 .0
10-60-295 MEALS AND ENTERTAINMENT .00 .00 500.00 500.00 .0
10-60-330 ENGINEERING FEES .00 .00 60,000.00 60,000.00 .0
10-60-360 COMPUTER NETWORK SUPPORT .00 .00 1,500.00 1,500.00 .0
10-60-370 OTHER PROFESSIONAL SERVICES .00 .00 2,500.00 2,500.00 .0
10-60-475 CONTRACT SNOW REMOVAL 440.00 440.00 .00 ( 440.00) .0
10-60-480 EQUIPMENT RENTAL .00 .00 2,500.00 2,500.00 .0
10-60-490 PROFESSIONAL MEMBERSHIPS 300.00 300.00 250.00 ( 50.00) 120.0
10-60-500 OPERATING SUPPLIES 108.49 108.49 70,000.00 69,891.51 .2
10-60-506 PLANTS/PLANTER SUPPLIES 175.00 175.00 10,000.00 9,825.00 1.8
10-60-510 EQUIPMENT PURCHASE AND REPAIR .00 .00 30,000.00 30,000.00 .0
10-60-560 UTILITIES-TELEPHONE 93.29 93.29 2,700.00 2,606.71 3.5
10-60-561 UTILITIES-NATURAL GAS 827.85 827.85 6,000.00 5,172.15 13.8
10-60-562 UTILITIES-ELECTRICITY .00 .00 2,500.00 2,500.00 .0
10-60-569 UTILITIES-TRASH REMOVAL 113.69 113.69 2,100.00 1,986.31 5.4
10-60-670 PROP MGMT-125 FRASER AVE 44.07 44.07 2,500.00 2,455.93 1.8
10-60-673 PROP MGMT-FRASER RIVER TRAIL .00 .00 5,000.00 5,000.00 .0
10-60-674 PROP MGMT-HWY 40 PEDESTRIAN .00 .00 5,000.00 5,000.00 .0
10-60-676 PROP MGMT-OLD SCHLHOUSE PK .00 .00 500.00 500.00 .0
10-60-679 PROP MGMT-SCHOOL BUS GARAGE 442.99 442.99 6,500.00 6,057.01 6.8
10-60-681 PROP MGMT-COZENS RANCH PARK .00 .00 105,000.00 105,000.00 .0
10-60-684 PROP MGMT-FRODO .00 .00 10,000.00 10,000.00 .0
10-60-685 MOUNTAIN MAN PARK .00 .00 500.00 500.00 .0
10-60-686 GORANSON STATION .00 .00 15,000.00 15,000.00 .0
10-60-690 MISCELLANEOUS EXPENSE .00 .00 1,200.00 1,200.00 .0
10-60-725 STREET IMPROVEMENTS .00 .00 75,000.00 75,000.00 .0
TOTAL PUBLIC WORKS 66,334.15 66,334.15 915,540.00 849,205.85 7.3
120 ZEREX AVENUE
10-65-370 OTHER PROFESSIONAL SERVICES .00 .00 10,000.00 10,000.00 .0
10-65-380 JANITORIAL SERVICES .00 .00 5,500.00 5,500.00 .0
10-65-560 UTILITIES-TELEPHONE 50.87 50.87 500.00 449.13 10.2
10-65-561 UTILITIES-NATURAL GAS 157.52 157.52 1,500.00 1,342.48 10.5
10-65-562 UTILITIES-ELECTRICITY .00 .00 1,000.00 1,000.00 .0
10-65-670 PROP MGMT-120 ZEREX 11.69 11.69 8,000.00 7,988.31 .2
TOTAL 120 ZEREX AVENUE 220.08 220.08 26,500.00 26,279.92 .8
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:6
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JANUARY 31,2014
GENERALFUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
TRANSFERS
10-90-940 TRANSFER TO DEBT SERVICE FUND .00 .00 247,373.00 247,373.00 .0
TOTAL TRANSFERS .00 .00 247,373.00 247,373.00 .0
FISCAL AGENT
10-95-110 SALARIES 6,005.97 6,005.97 .00 ( 6,005.97) .0
10-95-210 HEALTH INSURANCE 2,764.69 2,764.69 .00 ( 2,764.69) .0
10-95-220 FICA TAX 426.28 426.28 .00 ( 426.28) .0
10-95-230 RETIREMENT 240.24 240.24 .00 ( 240.24) .0
10-95-250 UNEMPLOYMENT TAX 18.02 18.02 .00 ( 18.02) .0
TOTAL FISCAL AGENT 9,455.20 9,455.20 .00 ( 9,455.20) .0
TOTAL FUND EXPENDITURES 156,854.78 156,854.78 2,669,428.00 2,512,573.22 5.9
NET REVENUE OVER EXPENDITURES ( 140,869.97) ( 140,869.97) 1,409,773.00 1,550,642.97 ( 10.0)
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:7
TOWN OF FRASER
BALANCE SHEET
JANUARY 31,2014
CONSERVATION TRUST FUND
ASSETS
20-10100 CASH-COMBINED FUND 893.87
TOTAL ASSETS 893.87
LIABILITIES AND EQUITY
FUND EQUITY
UNAPPROPRIATED FUND BALANCE:
20-29800 FUND BALANCE-BEGINNING OF YR 893.18
REVENUE OVER EXPENDITURES-YTD .69
BALANCE-CURRENT DATE 893.87
TOTAL FUND EQUITY 893.87
TOTAL LIABILITIES AND EQUITY 893.87
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:8
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JANUARY 31,2014
CONSERVATION TRUST FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
REVENUE
20-30-100 CONS TRUST(LOTTERY)PROCEEDS .00 .00 6,100.00 6,100.00 .0
20-30-800 INTEREST EARNINGS .69 .69 10.00 9.31 6.9
20-30-999 CARRYOVER BALANCE .00 .00 402.00 402.00 .0
TOTAL REVENUE .69 .69 6,512.00 6,511.31 .0
TOTAL FUND REVENUE .69 .69 6,512.00 6,511.31 .0
NET REVENUE OVER EXPENDITURES .69 .69 6,512.00 6,511.31 .0
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:9
TOWN OF FRASER
BALANCE SHEET
JANUARY 31,2014
CAPITAL EQUIP REPLACEMENT FUND
ASSETS
30-10100 CASH-COMBINED FUND 470,631.42
TOTAL ASSETS 470,631.42
LIABILITIES AND EQUITY
FUND EQUITY
UNAPPROPRIATED FUND BALANCE:
30-29800 FUND BALANCE-BEGINNING OF YR 470,585.69
REVENUE OVER EXPENDITURES-YTD 45.73
BALANCE-CURRENT DATE 470,631.42
TOTAL FUND EQUITY 470,631.42
TOTAL LIABILITIES AND EQUITY 470,631.42
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:10
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JANUARY 31,2014
CAPITAL EQUIP REPLACEMENT FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
REVENUE
30-30-100 HWY USE TAX PROCEEDS .00 .00 44,594.00 44,594.00 .0
30-30-800 INTEREST EARNINGS 45.73 45.73 300.00 254.27 15.2
30-30-920 TRANSFER FROM UTILITY FUNDS .00 .00 20,000.00 20,000.00 .0
30-30-999 CARRYOVER BALANCE .00 .00 470,019.00 470,019.00 .0
TOTAL REVENUE 45.73 45.73 534,913.00 534,867.27 .0
TOTAL FUND REVENUE 45.73 45.73 534,913.00 534,867.27 .0
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:11
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JANUARY 31,2014
CAPITAL EQUIP REPLACEMENT FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
EXPENDITURES
30-40-755 HEAVY EQUIPMENT PURCHASE .00 .00 50,000.00 50,000.00 .0
30-40-810 LEASE/PURCHASE-PRINCIPAL .00 .00 40,938.00 40,938.00 .0
30-40-820 LEASE/PURCHASE-INTEREST .00 .00 4,480.00 4,480.00 .0
TOTAL EXPENDITURES .00 .00 95,418.00 95,418.00 .0
TOTAL FUND EXPENDITURES .00 .00 95,418.00 95,418.00 .0
NET REVENUE OVER EXPENDITURES 45.73 45.73 439,495.00 439,449.27 .0
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:12
TOWN OF FRASER
BALANCE SHEET
JANUARY 31,2014
CAPITAL ASSET FUND
ASSETS
32-10100 CASH-COMBINED FUND 113,894.74
TOTAL ASSETS 113,894.74
LIABILITIES AND EQUITY
FUND EQUITY
UNAPPROPRIATED FUND BALANCE:
32-29800 FUND BALANCE-BEGINNING OF YR 113,883.65
REVENUE OVER EXPENDITURES-YTD 11.09
BALANCE-CURRENT DATE 113,894.74
TOTAL FUND EQUITY 113,894.74
TOTAL LIABILITIES AND EQUITY 113,894.74
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:13
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JANUARY 31,2014
CAPITAL ASSET FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
CAPITAL ASSET REVENUE
32-30-100 RESERVED FOR FUTURE USE .00 .00 2,250,000.00 2,250,000.00 .0
32-30-800 INTEREST EARNINGS 11.09 11.09 .00 ( 11.09) .0
TOTAL CAPITAL ASSET REVENUE 11.09 11.09 2,250,000.00 2,249,988.91 .0
TOTAL FUND REVENUE 11.09 11.09 2,250,000.00 2,249,988.91 .0
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:14
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JANUARY 31,2014
CAPITAL ASSET FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
CAPITAL ASSET EXPENDITURES
32-40-815 CAPITAL PROJ-STREETS NEW .00 .00 2,250,000.00 2,250,000.00 .0
TOTAL CAPITAL ASSET EXPENDITURES .00 .00 2,250,000.00 2,250,000.00 .0
TOTAL FUND EXPENDITURES .00 .00 2,250,000.00 2,250,000.00 .0
NET REVENUE OVER EXPENDITURES 11.09 11.09 .00 ( 11.09) .0
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:15
TOWN OF FRASER
BALANCE SHEET
JANUARY 31,2014
DEBT SERVICE FUND
ASSETS
40-10100 CASH-COMBINED FUND 417,350.28
40-11100 PROPERTY TAXES RECEIVABLE 80,000.00
TOTAL ASSETS 497,350.28
LIABILITIES AND EQUITY
LIABILITIES
40-22210 DEFERRED PROPERTY TAXES 80,000.00
TOTAL LIABILITIES 80,000.00
FUND EQUITY
40-27000 RESFUND BAL-1 YEARS PAYMENT 300,000.00
40-27100 RESTRICTED FUND BALANCE 87,246.16
UNAPPROPRIATED FUND BALANCE:
40-29800 FUND BALANCE-BEGINNING OF YR 30,063.24
REVENUE OVER EXPENDITURES-YTD 40.88
BALANCE-CURRENT DATE 30,104.12
TOTAL FUND EQUITY 417,350.28
TOTAL LIABILITIES AND EQUITY 497,350.28
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:16
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JANUARY 31,2014
DEBT SERVICE FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
REVENUE
40-30-100 PROPERTY TAX .00 .00 80,000.00 80,000.00 .0
40-30-200 SPECIFIC OWNERSHIP TAX .00 .00 3,000.00 3,000.00 .0
40-30-800 INTEREST EARNINGS 40.88 40.88 250.00 209.12 16.4
40-30-910 TRANSFER IN FROM GENERAL FUND .00 .00 247,373.00 247,373.00 .0
TOTAL REVENUE 40.88 40.88 330,623.00 330,582.12 .0
TOTAL FUND REVENUE 40.88 40.88 330,623.00 330,582.12 .0
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:17
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JANUARY 31,2014
DEBT SERVICE FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
EXPENDITURES
40-40-385 TREASURER'S FEES GO BOND .00 .00 2,000.00 2,000.00 .0
40-40-810 BOND PRINCIPAL-02 S&U ISSUE .00 .00 25,000.00 25,000.00 .0
40-40-811 BOND PRINCIPAL-98 GO ISSUE .00 .00 40,000.00 40,000.00 .0
40-40-812 BOND PRINCIPAL-98 S&U ISSUE .00 .00 170,000.00 170,000.00 .0
40-40-820 BOND INTEREST-02 S&U ISSUE .00 .00 7,013.00 7,013.00 .0
40-40-821 BOND INTEREST-98 GO ISSUE .00 .00 9,676.00 9,676.00 .0
40-40-822 BOND INTEREST-98 S&U ISSUE .00 .00 45,360.00 45,360.00 .0
40-40-850 BOND AGENT FEES .00 .00 2,500.00 2,500.00 .0
40-40-910 TRANSFER TO DSF RESERVES .00 .00 29,074.00 29,074.00 .0
TOTAL EXPENDITURES .00 .00 330,623.00 330,623.00 .0
TOTAL FUND EXPENDITURES .00 .00 330,623.00 330,623.00 .0
NET REVENUE OVER EXPENDITURES 40.88 40.88 .00 ( 40.88) .0
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:18
TOWN OF FRASER
BALANCE SHEET
JANUARY 31,2014
WATER FUND
ASSETS
50-10100 CASH-COMBINED FUND 915,098.53
50-10290 CASH W/TREASURER-COLLECTIONS 2,980.83
50-11500 A/R CUSTOMER SERVICE CHARGES 15,115.45
50-16100 LAND 100,000.00
50-16200 BUILDINGS 2,915,858.49
50-16203 WELLS SYSTEM 768,371.74
50-16212 WATER DISTRIBUTION/STORAGE 9,845,211.82
50-16213 WELLS 1,063,119.43
50-16400 EQUIPMENT 353,994.02
50-16500 WATER RIGHTS 19,775.86
50-17900 ACCUMULATED DEPRECIATION ( 3,517,338.67)
TOTAL ASSETS 12,482,187.50
LIABILITIES AND EQUITY
LIABILITIES
50-21100 ACCRUED PTO AND BENEFITS 5,935.91
50-22910 ROAD CUT SURITY FEES 15,860.00
TOTAL LIABILITIES 21,795.91
FUND EQUITY
50-27000 RESFUND BAL-O&M 360,000.00
UNAPPROPRIATED FUND BALANCE:
50-29800 RETAINED EARNINGS 12,120,277.61
REVENUE OVER EXPENDITURES-YTD ( 19,886.02)
BALANCE-CURRENT DATE 12,100,391.59
TOTAL FUND EQUITY 12,460,391.59
TOTAL LIABILITIES AND EQUITY 12,482,187.50
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:19
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JANUARY 31,2014
WATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
LICENSES&PERMITS
50-32-100 EXCAVATION PERMIT FEES .00 .00 200.00 200.00 .0
TOTAL LICENSES&PERMITS .00 .00 200.00 200.00 .0
CHARGES FOR SERVICES
50-34-100 CUSTOMER SERVICE CHARGES .00 .00 663,165.00 663,165.00 .0
50-34-150 PENALTIES&INTEREST 783.92 783.92 1,000.00 216.08 78.4
50-34-200 PLANT INVESTMENT FEES .00 .00 8,000.00 8,000.00 .0
50-34-300 WATER METER SALES .00 .00 500.00 500.00 .0
50-34-999 CONTRIBUTED ASSETS .00 .00 1,000.00 1,000.00 .0
TOTAL CHARGES FOR SERVICES 783.92 783.92 673,665.00 672,881.08 .1
MISCELLANEOUS REVENUE
50-36-100 INTEREST EARNINGS 79.69 79.69 2,500.00 2,420.31 3.2
50-36-900 MISCELLANEOUS REVENUE 2,585.00 2,585.00 .00 ( 2,585.00) .0
TOTAL MISCELLANEOUS REVENUE 2,664.69 2,664.69 2,500.00 ( 164.69) 106.6
OTHER SOURCES&TRANSFERS
50-39-999 CARRYOVER BALANCE .00 .00 353,061.00 353,061.00 .0
TOTAL OTHER SOURCES&TRANSFERS .00 .00 353,061.00 353,061.00 .0
TOTAL FUND REVENUE 3,448.61 3,448.61 1,029,426.00 1,025,977.39 .3
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:20
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JANUARY 31,2014
WATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
EXPENDITURES
50-40-110 SALARIES 15,399.32 15,399.32 173,250.00 157,850.68 8.9
50-40-210 HEALTH INSURANCE 3,154.12 3,154.12 33,600.00 30,445.88 9.4
50-40-220 FICA TAX 1,116.13 1,116.13 13,254.00 12,137.87 8.4
50-40-230 RETIREMENT 472.85 472.85 6,930.00 6,457.15 6.8
50-40-250 UNEMPLOYMENT TAX 46.31 46.31 520.00 473.69 8.9
50-40-280 TRAINING PROGRAMS 90.00 90.00 3,000.00 2,910.00 3.0
50-40-290 TRAVEL,MEALS AND LODGING .00 .00 3,000.00 3,000.00 .0
50-40-295 MEALS AND ENTERTAINMENT .00 .00 2,000.00 2,000.00 .0
50-40-310 LEGAL FEES .00 .00 85,000.00 85,000.00 .0
50-40-330 ENGINEERING FEES .00 .00 130,000.00 130,000.00 .0
50-40-360 COMPUTERS-NETWORKS AND SUPPORT 221.17 221.17 10,000.00 9,778.83 2.2
50-40-370 OTHER PROFESSIONAL SERVICES .00 .00 5,000.00 5,000.00 .0
50-40-430 INSURANCE .00 .00 25,000.00 25,000.00 .0
50-40-440 ADVERTISING .00 .00 500.00 500.00 .0
50-40-460 SYSTEM REPAIR AND MAINT-PROD 1,419.79 1,419.79 70,000.00 68,580.21 2.0
50-40-465 SYSTEM REPAIR AND MAINT-DIST 172.00 172.00 45,000.00 44,828.00 .4
50-40-490 PROFESSIONAL MEMBERSHIPS 882.50 882.50 8,000.00 7,117.50 11.0
50-40-500 OPERATING SUPPLIES-PRODUCTION 91.35 91.35 25,000.00 24,908.65 .4
50-40-505 OPERATING SUPPLIES-DISTRIB .00 .00 25,000.00 25,000.00 .0
50-40-510 EQUIPMENT PURCHASE AND REPAIR 35.79 35.79 12,000.00 11,964.21 .3
50-40-520 TESTING .00 .00 5,000.00 5,000.00 .0
50-40-550 POSTAGE&BILLING SUPPLIES .00 .00 3,500.00 3,500.00 .0
50-40-560 UTILITIES-TELEPHONE 233.30 233.30 3,500.00 3,266.70 6.7
50-40-562 UTILITIES-ELECTRICITY .00 .00 50,000.00 50,000.00 .0
50-40-670 PROP MGMT-FRASER WTP .00 .00 5,000.00 5,000.00 .0
50-40-680 PROP MGMT-MARYVALE WTP .00 .00 5,000.00 5,000.00 .0
50-40-690 MISCELLANEOUS EXPENSE .00 .00 2,000.00 2,000.00 .0
50-40-715 WATER RIGHTS-DIVERSION&DEV .00 .00 335,000.00 335,000.00 .0
50-40-730 CAPITAL PROJECTS .00 .00 177,000.00 177,000.00 .0
50-40-930 TRANSFER TO CERF .00 .00 10,000.00 10,000.00 .0
50-40-970 TRANSFER TO O&M RESERVES .00 .00 100,000.00 100,000.00 .0
TOTAL EXPENDITURES 23,334.63 23,334.63 1,372,054.00 1,348,719.37 1.7
TOTAL FUND EXPENDITURES 23,334.63 23,334.63 1,372,054.00 1,348,719.37 1.7
NET REVENUE OVER EXPENDITURES ( 19,886.02) ( 19,886.02) ( 342,628.00) ( 322,741.98) ( 5.8)
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:21
TOWN OF FRASER
BALANCE SHEET
JANUARY 31,2014
WASTEWATER FUND
ASSETS
55-10100 CASH-COMBINED FUND 2,658,197.57
55-10290 CASH W/TREASURER-COLLECTIONS 1,748.56
55-11500 A/R CUSTOMER SERVICE CHARGES 24,450.38
55-15950 CAP REPL RES HELD W/JFOC 815,582.23
55-15955 O&M RESERVE HELD W/JFOC 45,739.00
55-16100 LAND 144,320.40
55-16200 SEWER TREATMENT PLANT 3,305,761.56
55-16210 METER BUILDING&IMPROVEMENTS 8,056.39
55-16220 SEWER COLLECTION SYSTEM 10,755,808.30
55-16250 CONSOLIDATED COLLECTION SYSTEM 279,069.00
55-16400 EQUIPMENT 37,385.17
55-17900 ACCUMULATED DEPRECIATION ( 718,254.97)
55-17905 ACCUM DEPR-PLANT/JFOC ( 41,859.16)
55-17910 ACCUM DEPR-SEWER COLLECT-FSD ( 2,942,788.35)
55-17915 ACCUM DEPR-EQUIPMENT ( 35,868.68)
TOTAL ASSETS 14,337,347.40
LIABILITIES AND EQUITY
LIABILITIES
55-21100 ACCRUED PTO AND BENEFITS 6,103.72
TOTAL LIABILITIES 6,103.72
FUND EQUITY
UNAPPROPRIATED FUND BALANCE:
55-29800 RETAINED EARNINGS 13,422,406.34
55-29820 RETAINED EARNINGS-RESTRICTED 930,271.23
REVENUE OVER EXPENDITURES-YTD ( 21,433.89)
BALANCE-CURRENT DATE 14,331,243.68
TOTAL FUND EQUITY 14,331,243.68
TOTAL LIABILITIES AND EQUITY 14,337,347.40
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:22
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JANUARY 31,2014
WASTEWATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
CHARGES FOR SERVICES
55-34-100 CUSTOMER SERVICE CHARGES .00 .00 619,580.00 619,580.00 .0
55-34-150 PENALTIES&INTEREST 829.35 829.35 1,000.00 170.65 82.9
55-34-200 PLANT INVESTMENT FEES .00 .00 7,500.00 7,500.00 .0
TOTAL CHARGES FOR SERVICES 829.35 829.35 628,080.00 627,250.65 .1
MISCELLANEOUS REVENUE
55-36-100 INTEREST EARNINGS 250.83 250.83 2,500.00 2,249.17 10.0
55-36-500 JFF MANAGEMENT FEE .00 .00 29,000.00 29,000.00 .0
TOTAL MISCELLANEOUS REVENUE 250.83 250.83 31,500.00 31,249.17 .8
OTHER SOURCES&TRANSFERS
55-39-999 CARRYOVER BALANCE .00 .00 2,343,858.00 2,343,858.00 .0
TOTAL OTHER SOURCES&TRANSFERS .00 .00 2,343,858.00 2,343,858.00 .0
TOTAL FUND REVENUE 1,080.18 1,080.18 3,003,438.00 3,002,357.82 .0
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:23
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JANUARY 31,2014
WASTEWATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
EXPENDITURES
55-40-110 SALARIES 20,842.29 20,842.29 178,500.00 157,657.71 11.7
55-40-210 HEALTH INSURANCE 3,893.82 3,893.82 28,560.00 24,666.18 13.6
55-40-220 FICA TAX 1,534.82 1,534.82 13,655.00 12,120.18 11.2
55-40-230 RETIREMENT 652.52 652.52 7,140.00 6,487.48 9.1
55-40-250 UNEMPLOYMENT TAX 62.44 62.44 536.00 473.56 11.7
55-40-280 TRAINING PROGRAMS .00 .00 2,000.00 2,000.00 .0
55-40-290 TRAVEL,MEALS AND LODGING .00 .00 2,000.00 2,000.00 .0
55-40-295 MEALS AND ENTERTAINMENT .00 .00 1,000.00 1,000.00 .0
55-40-310 LEGAL FEES .00 .00 5,000.00 5,000.00 .0
55-40-330 ENGINEERING FEES .00 .00 10,000.00 10,000.00 .0
55-40-360 COMPUTERS-NETWORKS AND SUPPORT 221.16 221.16 6,000.00 5,778.84 3.7
55-40-370 OTHER PROFESSIONAL SERVICES .00 .00 10,000.00 10,000.00 .0
55-40-410 BANK CHARGES .00 .00 100.00 100.00 .0
55-40-430 INSURANCE .00 .00 6,000.00 6,000.00 .0
55-40-440 ADVERTISING .00 .00 500.00 500.00 .0
55-40-460 SYSTEM REPAIR AND MAINT-COLLEC .00 .00 160,000.00 160,000.00 .0
55-40-490 PROFESSIONAL MEMBERSHIPS 512.50 512.50 6,000.00 5,487.50 8.5
55-40-500 OPERATING SUPPLIES-COLLECTIONS .00 .00 5,000.00 5,000.00 .0
55-40-510 EQUIPMENT PURCHASE AND REPAIR .00 .00 2,500.00 2,500.00 .0
55-40-520 TESTING .00 .00 1,000.00 1,000.00 .0
55-40-550 POSTAGE&BILLING SUPPLIES .00 .00 2,500.00 2,500.00 .0
55-40-560 UTILITIES-TELEPHONE 21.21 21.21 500.00 478.79 4.2
55-40-650 WW TREATMENT CHARGES/JFOC ( 5,226.69) ( 5,226.69) 204,002.00 209,228.69 ( 2.6)
55-40-690 MISCELLANEOUS EXPENSE .00 .00 3,000.00 3,000.00 .0
55-40-730 CAPITAL PROJECTS .00 .00 352,500.00 352,500.00 .0
55-40-740 CAPITAL PURCHASES .00 .00 100,000.00 100,000.00 .0
55-40-930 TRANSFER TO CERF .00 .00 10,000.00 10,000.00 .0
TOTAL EXPENDITURES 22,514.07 22,514.07 1,117,993.00 1,095,478.93 2.0
TOTAL FUND EXPENDITURES 22,514.07 22,514.07 1,117,993.00 1,095,478.93 2.0
NET REVENUE OVER EXPENDITURES ( 21,433.89) ( 21,433.89) 1,885,445.00 1,906,878.89 ( 1.1)
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:24
TOWN OF FRASER
BALANCE SHEET
JANUARY 31,2014
GENERAL FIXED ASSETS
ASSETS
91-16100 LAND 730,630.35
91-16200 ADMINISTRATION BUILDING 208,379.39
91-16203 MAINTENANCE BUILDING 57,722.51
91-16208 HOUSE-400 DOC SUSIE AVE 54,839.27
91-16209 VISITOR CENTER 183,895.00
91-16211 BUSBARN&105 FRASER AVE HOUSE 100,000.00
91-16250 CHURCH 267,000.00
91-16306 PARKS 367,800.08
91-16311 STREET IMPROVEMENTS 3,439,840.00
91-16312 HIGHWAY 40 PATH 8,872.00
91-16490 EQUIPMENT-OTHER 872,015.00
91-16500 OFFICE EQUIPMENT 57,261.75
91-17900 ACCUMULATED DEPRECIATION ( 2,260,048.61)
TOTAL ASSETS 4,088,206.74
LIABILITIES AND EQUITY
FUND EQUITY
UNAPPROPRIATED FUND BALANCE:
91-29800 INVESTMENT IN FIXED ASSETS 4,088,206.74
BALANCE-CURRENT DATE 4,088,206.74
TOTAL FUND EQUITY 4,088,206.74
TOTAL LIABILITIES AND EQUITY 4,088,206.74
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:25
TOWN OF FRASER
BALANCE SHEET
JANUARY 31,2014
GENERAL LONG-TERM DEBT
ASSETS
95-18100 AMOUNT TO BE PROVIDED 3,131,161.31
TOTAL ASSETS 3,131,161.31
LIABILITIES AND EQUITY
LIABILITIES
95-25050 2002 SERIAL BONDS 360,000.00
95-25060 1998 REVENUE REFUNDING BONDS 2,035,000.00
95-25070 1998 GENERAL OBLIGATION BONDS 475,000.00
95-25200 ACCRUED COMPENSATED ABSENCES 15,677.17
95-25500 CAPITAL LEASES KOMATSU LOADER 245,484.14
TOTAL LIABILITIES 3,131,161.31
TOTAL LIABILITIES AND EQUITY 3,131,161.31
FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:50PM PAGE:26
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Ordinance Recommendations
We recommend the Board adopt the Ordinance with the
following revisions.
REVISION 1
Sec. 13-2-50. Service connection
{h) (g)No eenneetion to be made in ntef. No connections shall be made to the
Town water system at any time that the Town deems that such connection is
inappropriate due to cold weather conditions.
This language is in the Town Code and is limiting - causing both the Town and
property owners constraints in the installment of improvements. The issue is not
the season- but, the temperature and other conditions that can affect an install.
REVISION 2
ARTICLE 5
Water and Sewer Service Outside Town Limits
Sec. 13-5-20. Contract Required; Agreement to Annex
(c) Each contract for out-of-town water and/or sewer service shall include an agreement
and covenant binding on the property owner and all future owners, to apply for or
consent to the annexation of the area supplied with municipal services to the Town
when such area or portion thereof becomes eligible for annexation and the Board of
Trustees requests such annexation, and subject to such terms and conditions as may
be provided by contract and by the Colorado Municipal Annexation Act of 1965, C.R.S.
31, Article 12, and subject to a future annexation agreement.
We understand that this is allowed by statute (CRS 31-12-121 (2013)) and it is
written to cover the greater public. Colorado law also provides that annexation
requires landowners vote to annex; a petition submitted from more than 50% of
the landowners who own more than 50% of the land; or if the area is completely
surrounded by the annexing municipality. Sufficient contiguity and a community
of interest must exist between the property and the municipality; and Colorado
courts have found that annexation is a special statutory process requiring
mutual consent.