SUBJECT:
Title
A Resolution of the Town Council of the Town of Erie Approving the Agreement Regarding Town Water Line and Canal Crossing Relocation Between with Front Range Landfill, Inc.
Body
DEPARTMENT: Public Works
Department
PRESENTERS: David Pasic, Town Engineer
Peter Johnson, Town Water Counsel
Wendi Palmer, Civil Engineer
First Name Last Name, Title
POLICY ISSUES:
The policy question on this matter is whether the Town should facilitate moving a section of an irrigation ditch to a new location on property owned by Front Range Landfill (FRL) that is further away from FRL’s operations; doing so could enable FRL to eventually expand its operations to a larger working area.
STAFF RECOMMENDATION:
Recommendation
Approve the Resolution authorizing the Town of Erie to enter into the Agreement Regarding Town Water Line and Canal Crossing Relocation.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
This is one of three agreements the Town of Erie has been asked to join to accommodate Front Range Landfill, Inc.’s (FRL) plan to relocate a section of a ditch owned by the Farmers Reservoir and Irrigation Company (FRICO), which will change the location at which the ditch crosses the Town’s existing water line and permanent easement on FRL’s Property.
FRL operates a landfill in the Town of Erie south of Garfield Road between Weld County Roads 5 and 7. Part of FRL’s property is crossed by the Community II Canal Ditch (Ditch) owned by FRICO. FRL, with the consent of FRICO, is in the process of moving a section of the Ditch to a new location on the property that is further away from FRL’s operations. Once the Ditch is relocated, the Town’s easement will cross the Ditch at a new location.
Pursuant to the attached Agreement Regarding Town Water Line and Canal Crossing Relocation, FRL will be responsible for constructing the new canal and the Town’s pipeline crossing at FRL’s expense, consistent with the plans and specifications approved by Town staff and FRICO. After construction, the Town will inspect the ditch and pipeline crossing to ensure that it was completed to the satisfaction of the Town, or if repairs or modifications are needed. After the Town’s initial acceptance, FRL will remain responsible for any repairs or replacements of the project for a period of two years. The Town will then conduct a final inspection. After final inspection, and any necessary repairs or replacements are made by FRL, the Town will then be responsible for the ongoing operations and maintenance of the pipeline crossing. FRL has agreed to provide an improvement guarantee to secure the construction of the project and reimburse the Town for its reasonable legal cost incurred related to this agreement and the FRICO Crossing Agreement, explained in more detail in a separate memorandum.
In conjunction with this agreement, FRL has agreed to grant the Town a new permanent access easement to allow the Town to continue to maintain and operate its current pipeline and to access, operate, inspect, maintain, and repair the Town’s water tank and pump station site on the property. This new access easement is explained in more detail in an accompanying memorandum.
COUNCIL PRIORITY(S) ADDRESSED:
ü Prosperous Economy
ü Safe and Healthy Community
ü Environmentally Sustainable
ATTACHMENT(S):
1. Resolution 24-019
2. Agreement