Title
A Resolution terminating that certain Modified and Restated Wastewater Facilities Participation, Utilization, and Service Agreement approved February 10, 2009, as amended, by and between Colorado Springs Utilities and the Banning Lewis Ranch Metropolitan District No. 1
Presenter:
Bethany Burgess, Senior Attorney, City Attorney's Office
Body
Summary:
In light of City Council's consideration of an Amended and Restated Banning Lewis Ranch Annexation Agreement which modifies the manner in which developers will pay for the cost of wastewater treatment system improvements, City Attorney's Office and Utilities' staff requests that City Council also consider termination of the Modified and Restated Wastewater Facilities Participation, Utilization, and Service Agreement ("Modified and Restated Wastewater Service Agreement") between the City of Colorado Springs on behalf of Colorado Springs Utilities and the Banning Lewis Ranch Metropolitan District No. 1, based on the fact that it is inconsistent with the Amended and Restated Annexation Agreement.
Previous Council Action:
City Council previously approved Resolution No. 45-09 supporting the Modified and Restated Wastewater Facilities, Participation, Utilization, and Service Agreement, and subsequently approved the assignment of the obligations of the Modified and Restated Wastewater Service Agreement first to the Banning Lewis Ranch Regional Metropolitan District (Resolution No. 102-10) and then to Banning Lewis Ranch Metropolitan District No. 1 (Resolution No. 103-10).
Background:
Colorado Springs Utilities previously entered into a Wastewater Facilities Participation, Utilization, and Service Agreement with The Banning Lewis Ranch Company, LLC and Banning Lewis Ranch Development I and II, LLC, effective January 24, 2006. On February 10, 2009, City Council approved Resolution No. 45-09, supporting the Modified and Restated Wastewater Service Agreement. This agreement sets forth the financial ...
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