HYBRID CITY COUNCIL AGENDA January 26, :00 P.M. 116 S. Main St., City Hall

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HYBRID CITY COUNCIL AGENDA January 26, 2021 – 6:00 P.M.

116 S. Main St., City Hall www.fountaincolorado.org

For the purpose of ceremonials and recognitions, City Council will conduct an informal meeting beginning at 5:30 P.M.

• A Proclamation Declaring That Henceforth, January 9th Will Be Recognized As LawEnforcement Appreciation Day

• Acknowledgment of Engineer’s Week February 21 - February 27, 2021

1) Call to Order

2) Pledge of Allegiance 3) Roll Call

4) (A) Presentations

4) (B) Board/Commission/Committee Appointment

5) City Council Agenda Requests and Announcements 6) Public to be Heard

Citizens may address the Council on items that are not on the agenda. Please email your questions to the City Clerk prior to the meeting at councilmeetings@fountaincolorado.org. Council may not be able to provide an immediate answer, but will direct staff to follow-up. Out of respect for the Council and others in attendance, please limit your comments to three (3) minutes or less.

7) Consent Agenda

All items listed under the Consent Agenda are considered to be routine and will be approved with one motion. There will be no separate discussion of these items unless a Council Member or citizen so requests, in which case the item may be removed from the Consent Agenda and considered separately, at the discretion of Council. (Est. time-3 min)

A. Approval Of The January 12, 2021 City Council Meeting Minutes (S. Huffman) B. 2020 Resolution Administration Corrections (S. Huffman)

C. Resolution 21-003, A Resolution To Approve The Transfer Of Tract Of Land From The Chilcott Ditch Company (T. Johnson)

D. Resolution 21-004, A Resolution To Transfer An Undivided 45% Interest In The Shared Infrastructure At The Venetucci Wellfield To Security Water District, Retaining 10% Undivided Interest In The Shared Infrastructure For Fountain. (M Fink)

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9) New Business

A. Consideration of Items Removed From The Consent Agenda

B. First Reading Of Ordinance No. 1758, An Ordinance Establishing A Backflow Prevention Program By Amending Section 290 (Customer Obligations) Of Chapter 13.04 Of Title 13 (Utilities Code) Of The Fountain Municipal Code. (D. Blankenship) (est.10 min.)

10) Correspondence, Comments and Ex-Officio Reports 11) Announcement of Executive Sessions

12) Adjourn

A (Administrative Action) QJ (Quasi-Judicial Action) L (Legislative Action)

NEXT REGULAR COUNCIL MEETING February 9, 2021

Instructions to join the virtual meeting are on our website:

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Proclamation

A PROCLAMATION DECLARING THAT HENCEFORTH, JANUARY 9thWILL BE RECOGNIZED AS LAW ENFORCEMENT APPRECIATION DAY THROUGHOUT

THE CITY OF FOUNTAIN, HONORING CITY LAW ENFORCEMENT AND THE WORK THEY DO.

WHEREAS, the health and safety of all Fountain, CO residents is important to the happiness, prosperity and well-being of our families and communities; and

WHEREAS, we appreciate the extraordinary efforts and sacrifices made by officers and their family members on a daily basis in order to protect our schools, workplaces, roadways, homes, and visitors; and

WHEREAS, these officers stand as leaders educating the community about the importance of public safety; and

NOW THEREFORE, the City of Fountain proclaims that January 9th is Law

Enforcement Appreciation Day and we encourage the citizens of Fountain to reach out to law enforcement to say thank you for their dedication and commitment to our community.

Dated this 26TH day of January, 2021

________________________________ Gabriel P. Ortega, Mayor

Attest:

____________________________ Silvia Huffman, City Clerk

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Regular

City Council Meeting

Consent –7A

Council Meeting Minutes

January 26, 2021

Summary Information

Title:

APPROVAL OF THE JANUARY 12, 2021 CITY COUNCIL MEETING MINUTES

Initiator : City Clerk Huffman Council Action Presenter: City Clerk Huffman Council Information Legal Review: Yes No Report to Council Summary Overview and List of Attachments:

The attached minutes were compiled as the result of the January 12, 2021City Council Meeting Minutes

Attachments: Above Referenced Meeting Minutes

Background Information

Strategic Plan Priority (if applicable):

Transportation Infrastructure

Telecommunications Technology and Capabilities. Distribution of Public Safety Resources

Improve the Availability of Venues Which Support Community Activities

Recommendation

Staff recommends approval.

Proposed Motion

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Fountain City Council January 12, 2021 1

CITY COUNCIL MEETING January 12, 2021

1) Call to Order

Mayor Ortega called the meeting to order at 6:00P.M.

Instructions were given to the attendees on how to communicate virtually with the council and the functions of the toolbar.

2) Pledge of Allegiance

The Pledge of Allegiance was recited.

3) Roll Call

Roll call found the following members present virtually Mayor Ortega

Mayor Pro Tem Lauer Council Member Thompson Council Member Gieck Council Member Applegate Council Member Estes Council Member Duncan

4 (A) Presentations

4(B) Board/Commission/Committee Appointments Appointment of one Housing Authority Board Member

City Clerk Huffman reported that Ms. Sohnrey has been recommended by the Housing Authority Board to fulfill an unexpired term ending January 31, 2022.

Council Member Thompson made a motion to appoint Ms. Sohnrey to the unexpired term as requested, seconded by Council Member Estes. All members voted yes (7-0); the motion carried.

5) City Council Agenda Requests and Announcements

Council Member Duncan thanked all those involved with the recent Youth Council drive event. She stated the My Kids Lunch program will be on Sunday from 12:30 to 2:00.

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Council Member Estes thanked Council Member Duncan for the notable Dr. Martin Luther King proclamation she also stated that January is the annual blood donor month and encouraged all to donate.

Mayor Pro Tem Lauer reported on the recent adoption of the Fountain Creek Watershed budget and officers will be chosen at the end of January. He stated that he is still trying to get Southmoor Dr. back on the priority list. He asked Council Member to join the meeting as an alternate.

Council Member Thompson reported on the first PPACG roundtable with new representatives and the first meeting will be in February. She asked for awareness on upcoming Bill proposals prior to the start of the session. The State Transportation Advisory Commission has appointed Lisa Hickey. She noted several discussion topics on transportation that the City will need to participate in. There is a new Board through PPACG the Colorado Springs Aging Commission has joined PPACG in a regional meld. She also mentioned her attendance at a recent DOLA meeting citing the rapid COVID test that may be available to school district employees.

Mayor Ortega noted that Council Member Thompson had sent information about Law Enforcement appreciation day and stated that the City will have a proclamation at its next meeting to recognize it. He also thanked Council Member Duncan for her contribution with the Dr. Martin Luther King proclamation. He then asked for Council’s feedback on future Council meetings as to whether they would like to hold in-person, virtual, or hybrid meetings.

It was the consensus of Council to host the next meeting as a hybrid.

6) Public to be Heard

There was no public to be heard.

7) Consent Agenda

A. Approval Of The December 15, 2020 City Council Meeting Minutes (S. Huffman)

B. Referral Of An Annexation Petition For The Ranch Addition No. 1 Annexation, Generally Located Southeast Of The Intersection Of Link Road And Marksheffel Road, North Of Squirrel Creek Road. (K. Martinez)

C. Referral Of An Annexation Petition For The Ranch Addition No. 2 Annexation, Generally Located Southeast Of The Intersection Of Link Road And Marksheffel Road, North Of Squirrel Creek Road. (K. Martinez)

D. Designation Of The Official Posting Locations For Notice Of Public Meetings 2021 (S. Huffman)

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E. Resolution 21-001, A Resolution Adopting The Pikes Peak Regional Multi-Jurisdictional Plan As This Jurisdiction’s Multi-Hazard Mitigation Plan. (L. Tingley)

F. Resolution 21-002, A Resolution To Create An Additional Firefighter/EMT Position To Assist Fire Prevention And Emergency Management. (J. Maxon)

Council Member Thompson made a motion to approve the consent agenda, seconded by Council Member Applegate. All members voted yes (7-0); the motion carried.

8) Old Business

There was no old business to be heard.

9) New Business

A. Consideration of Items Removed From The Consent Agenda

There were no items removed.

B. Request For A Transfer Of Ownership Of A Retail Fermented Malt Beverage (FMB) Liquor License For CF Altitude LLC, DBA Alta #6003., From Pester Marketing Company, Located At 5510 S. Hwy 85/87.

City Clerk Huffman reported that the above request to transfer has met all legal obligations for approval.

Applicant representative Kevin Coats reported they closing for this transfer will occur this Thursday and asked about the approval of the temporary license.

Council Member Duncan made a motion to approve the transfer, seconded by Council Member Estes. All members voted yes (7-0); the motion carried.

10) Correspondence, Comments and Ex-Officio Reports

City Manager Trainor reported on the 5-Star program.

Deputy City Manager Evans reported on the Health Departments COVID-19 testing expansion of service hours. He stated the interior of the building is currently hosting limited appointments for the WIC program and continued renovation for the Police substation.

Council Member Thompson reported that Mr. Norman Steen is the new Department Director for Congressman Lamborn’s office.

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Mayor Ortega congratulated El Paso County Commissioner Gonzales on his reappointment to the Board.

11) Announcement of Executive Sessions

There were no executive sessions requested.

12) Adjourn

There being no further business, Mayor Ortega declared the meeting adjourned at 7:00 P.M.

_____________________________ ________________________________

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Regular

City Council Meeting

Consent – 7B

January 26, 2021

Summary Information

Title:

2020 RESOLUTION ADMINISTRATION CORRECTIONS

Initiator : Deputy City Clerk, Carneal Council Action Presenter: City Clerk, Huffman Council Information Legal Review: Yes No Report to Council Summary Overview and List of Attachments:

Request for administrative corrections changing the following Resolution numbers that were approved at the December 8, 2020 City Council Meeting:

Resolution 20-092 to Resolution 20-097 Resolution 20-093 to Resolution 20-098

Request for an administrative correction changing the following Resolution number that was approved at the December 15, 2020 City Council Meeting:

Resolution 20-094 to Resolution 20-099.

Corrected Resolutions have been prepared for the Mayors signature. Attachments: None

Background Information

Recommendation

Staff recommends approval.

Proposed Motion

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Regular

City Council Meeting

New Business-7C

Chilcott Ditch Land Transfer

January 26, 2021

Summary Information

Title:

RESOLUTION 21-003, A RESOLUTION TO APPROVE THE TRANSFER OF TRACT OF LAND FROM THE CHILCOTT DITCH COMPANY.

Initiator : Troy Johnson, City Attorney Council Action Presenter: Troy Johnson, City Attorney Council Information Legal Review: Yes No Report to Council Summary Overview and List of Attachments:

The purpose of this action item is for City Council to consider approval of Resolution 21-003, that authorizes the transfer of a tract of land from the Chilcott Ditch Company.

Previous Action by City Council: N/A

Attachment(s):

Land Transfer Agreement Satellite Image

Tract E

Proposed Easement

Background Information

As part of development, the Chilcott Ditch Company received a tract of land for drainage. The tract is part of a larger park area, to include a Frisbee golf course. The Chilcott Ditch Company is willing to transfer the tract in exchange for an easement.

Recommendation

Staff recommends the approval of the Land Transfer Agreement and authorizes staff to execute the transfer.

Proposed Motion

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RESOLUTON 21-003

A RESOLUTION TO APPROVE THE TRANSFER OF TRACT OF LAND FROM THE CHILCOTT DITCH COMPANY.

WHEREAS, the Chilcott Ditch Company currently owns a piece of real property, specifically Tract E of Cumberland Green Filling No. 1; and

WHEREAS, in exchange for an easement across the property, is willing to transfer ownership to the City; and

WHEREAS, the City Council of the City of Fountain desires to accept the land transfer from the Chilcott Ditch Company;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fountain, Colorado, as follows:

1. The Mayor, City Manager, Utility Director or other representatives of the City delegated by the Mayor or City Manager are hereby authorized to execute the Land Transfer Agreement between the City of Fountain and Chilcott Ditch Company.

2. The above authorization extends to the related documents necessary to achieve the identified and approved agreement.

Done this __________day of ____________________, 2021.

____________________________________ Gabriel P. Ortega, Mayor

ATTEST:

_________________________________ Silvia Huffman, City Clerk

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DITCH EASEMENT AGREEMENT

This Ditch Easement Agreement (“Agreement”) is entered into this ____ day of _____________, 2021, by the City of Fountain, a Colorado home rule city and municipal corporation (the “City”), whose address is 116 S. Main Street, Fountain, CO 80817, and

Chilcott Ditch Company, a mutual ditch company and Colorado nonprofit corporation (“Chilcott”), whose address is 1845 Woodmoor Drive, Monument, CO 80132.

Background and Purpose

A. The City is the owner of real property legally described as

TRACT E, CUMBERLAND GREEN FILING NO. 1, IN THE CITY OF FOUNTAIN, COUNTY OF EL PASO, STATE OF COLORADO (the “Property”)

B. An irrigation ditch and related appurtenances owned and maintained by Chilcott is located on, under and within the Property (the “Ditch”).

C. Chilcott desires to obtain an easement on, over and across the Property so it can access, operate and maintain the Ditch in perpetuity, and the City is agreeable to granting an easement to Chilcott, subject to the terms and conditions of this Agreement.

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is acknowledged, the City and Chilcott agree as follows:

Easement

1. Grant of Easement. The City hereby grants, conveys and transfers to Chilcott, its agents, successors and assigns, a perpetual, non-exclusive easement (“Easement”) on, over and across the Property to construct, reconstruct, operate, use, maintain, access, repair, replace and/or remove the Ditch. The City shall not have the right to use the Property in a manner that interferes in any way with Chilcott’s easement rights under this Agreement. 2. Use of Easement and Use of Adjacent City Property. The Easement shall be solely for the use described or reasonably related to the use described in paragraph 1 above. Chilcott, its agents, successors and assigns, shall have and exercise the right of ingress and egress in, to, through, over, under and across the Property and a reasonable portion of the adjacent property owned by the City for any purpose necessary for the construction, reconstruction, operation, use, maintenance, repair, replacement and/or removal of the Ditch. Chilcott’s use of the City’s adjacent property shall not unreasonably interfere with the City’s use of that adjacent property. The use of the Property shall include Chilcott’s right to install fencing, gates, signs and other improvements necessary or desirable to prevent public access to the Ditch.

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3. No Obstructions. The City shall not have the right to obstruct, impair or interfere with the Ditch or the reasonable access and use of the Property by Chilcott by installing a fence, gate or any other obstruction. The City shall not construct or place any structure or building, street light, utility line or pipeline, power pole, fencing or gates, whether temporary or permanent, in, on, through, under, over or across the Property or plant any vegetation on the Property that would interfere in any way with Chilcott’s rights under this Agreement. However, such limitation shall not preclude the City’s planting of grass on the Property. Any structure or building, street light, power pole, fencing, gates, utility line, pipeline or any vegetation other than grass placed on the Property by the City after the Effective Date of this Agreement without Chilcott’s consent may be removed by Chilcott at the City’s expense without liability to Chilcott.

4. Maintenance and Repair of the Ditch and Property. Chilcott shall, at its own expense, perform any and all necessary or appropriate maintenance and repair work on the Ditch within the Property so as to maintain it in a good, clean and safe condition and repair for the operation of the Ditch and Chilcott’s use of the Property as provided in this Agreement. The City will not be obligated to perform maintenance or repair work on the Property to accommodate Chilcott’s use; however, the City will have the obligation to maintain and repair the Property in all other circumstances other than to accommodate Chilcott’s use. Any damage or destruction of the Property caused by Chilcott’s operation and maintenance of the Ditch, or the City’s use of the Property as allowed under this Agreement, shall be promptly restored to its original condition to nearly as reasonably possible as of the Effective Date by the party which causes such damage or destruction, except as necessarily modified to accommodate any improvements required by Chilcott to operate and maintain the Ditch. 5. Support for the Ditch. Chilcott shall have and exercise the right of subjacent and lateral support to whatever extent is necessary for the operation and maintenance of the Ditch. It is specifically agreed between and among the parties that, except as provided in this Agreement, the City shall not take any action which would impair the lateral or subjacent support for the Ditch.

6. Assignment. The City agrees that Chilcott shall have the right and authority to assign the Easement or grant licenses within it to any appropriate local governmental entity or to any public utility provider, including but not limited to all rights to use, and all obligations associated with, the Easement as are granted to and assumed by Chilcott. In addition, Chilcott shall have the right and authority to grant temporary construction easements or license agreements to any appropriate local governmental entity or public utility provider for purposes of construction, reconstruction, operation, use, maintenance, repair, replacement and/or removal of the Ditch, subject to the terms of this Agreement.

7. Termination. Chilcott agrees that at such time and in the event the Ditch and/or Easement is abandoned by Chilcott by written notice to the City, the Easement shall terminate

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and the real property interest represented by this Agreement shall revert to the City, its successors and assigns.

8. Warranty of Title. The City warrants to Chilcott that the City has good and marketable title to the Property in fee simple and has good right, full power and lawful authority to grant the Easement, and that the Property is free and clear from all former and other grants, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature except those of record. The City further promises and agrees to warrant and forever defend Chilcott in the exercise of Chilcott’s rights in the Easement against any defect in the City’s title to the Property and the City’s right to make the grant of the Easement.

9. Binding Effect. Each and every one of the benefits and burdens of this Agreement shall run with the land and inure to and be binding upon the respective legal representatives, administrators, successors and assigns of the City and Chilcott.

10. Further Grants. The City reserves the right to grant further easement interests in the Property to other grantees so long as such interests and uses are not inconsistent with, or unreasonably interfere with, the use of the Property and benefits of this Easement by Chilcott, its successors and assigns, such determination to be made by Chilcott in its reasonable discretion.

11. Notices. All notices under this Agreement shall be in writing and given by certified mail, postage prepaid; by hand delivery, or by recognized overnight delivery service, to a party at their address listed above. Notice shall be deemed effective upon the earlier of receipt by personal delivery, two (2) days after mailing postage prepaid by a recognized overnight delivery service, or five (5) days after mailing postage prepaid, certified mail, return receipt requested. A party, by notice given as above, may change the address to which future notices should be sent.

12. Amendment. Any amendment, termination, deletion or addition to this Agreement must be in writing and acknowledged by the City and Chilcott and recorded in the records of El Paso County, Colorado.

13. Severability. The provisions of this Agreement are severable. Illegality or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions.

14. Waiver. No waiver of, or consent to depart from, the requirements of any of the provisions of this Agreement by any party shall be effective unless it is in writing signed by the party giving the waiver. No such waiver shall be construed as a waiver of any subsequent breach or any other agreement or obligation contained in this Agreement. No delay or omission on the part of any party to exercise any right shall be construed as a waiver of such right.

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IN WITNESS WHEREOF, the City and Chilcott have executed this Agreement as of the Effective Date, which shall be the date the last of the parties signs below.

CITY: CITY OF FOUNTAIN By: Date: __________________ Its: ATTEST: By: Name: Title: STATE OF COLORADO ) ) ss. COUNTY OF EL PASO )

The foregoing instrument was acknowledged before me this day of

, 2021, by and as

and of .

WITNESS my hand and official seal. My commission expires:

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CHILCOTT:

CHILCOTT DITCH COMPANY

By: Date: _________________ Its: President ATTEST: By: Title: __________________________ STATE OF COLORADO ) ) ss. COUNTY OF El PASO )

The foregoing Easement Agreement was acknowledged before me this

day of , 2021, by ________________ and ________________, as President and Secretary of Chilcott Ditch Company.

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LAND TRANSFER AGREEMENT

THIS LAND TRANSFER AGREEMENT (referred to herein as the “Agreement”) is entered into as of the ____ day of _________________, 2021 (“Effective Date”) by and between the City of Fountain, a Colorado home rule City (the “City”) and Chilcott Ditch Company, a mutal ditch company and Colorado non-profit corporation (“Chilcott” or “Seller”), whose address is 1845 Woodmoor Drive, Monument, CO 80132.

1. PURCHASE AND SALE. Subject to the terms and conditions of this Agreement, the City agrees to buy from Seller and Seller agrees to sell to the City, the real property located in El Paso County, Colorado, legally-described as follows:

TRACT E, CUMBERLAND GREEN FILING NO. 1, IN THE CITY OF FOUNTAIN, COUNTY OF EL PASO, STATE OF COLORADO

together with development rights, subsurface rights, mineral rights (to the extent owned by Seller) (collectively the “Property”). The Property shall specifically exclude the Easement described in section 6 (C) below that will be recorded immediately after the deed to the Property is recorded, the Chilcott Ditch that is located on the Property and the appurtenant water rights owned by Seller, and all appurtenant ditch improvements and water improvements related to the Chilcott Ditch located on the Property .

2. PURCHASE PRICE. The purchase price for the Property (the “Purchase Price”) shall be Ten Dollars ($10.00) and other good and valuable consideration, the sufficiency of which is hereby acknowledged.

3. TITLE COMMITMENT AND TITLE POLICY. As promptly as possible, but not later than seven (7) days after the Effective Date, Seller will furnish to the City, at the City’s expense, a current preliminary commitment for owners title insurance, insuring the Property in the amount of the Purchase Price or other value as determined by the City, together with legible copies of all documents listed as exceptions (the “Title Commitment”, from Land Title Guarantee Company 102 S Tejon, Suite 760, Colorado Springs, CO 80903 (“Title Company”). As soon as reasonably practicable after the transfer of the Property, the Title Company shall issue and deliver to the City the owner’s title insurance policy referred to above (the “Title Policy”), issued by the Title Company insuring the City’s title to the Property consistent with the Title Commitment, subject only to taxes and assessments for the year of closing and subsequent years, and further subject to Statutory Exceptions. The City shall pay the premium for the Title Policy. The City may obtain such endorsements to the Title Policy as the City desires, at its own expense.

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4. DEED. Upon execution of this Agreement, Seller shall execute, have acknowledged and deliver to the City a Bargain and Sale Deed (the “Deed”) conveying good and marketable fee title to the Property to the City.

5. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller warrants and represents to the City that the following statements will be true and correct upon execution of this Agreement and at Closing:

A. Seller is now and at Closing will be a non-profit corporation in good standing under the laws of the State of Colorado, and is duly authorized, qualified, and licensed to do all things required of it under or in connection with this Agreement. The person executing this Agreement on behalf of Seller is duly authorized to bind the Seller to the terms set forth herein.

B. This Agreement and all agreements, instruments, and documents herein provided to be executed or to be caused to be executed by Seller are (or will be) duly executed by and be binding upon Seller.

6. REPRESENTATIONS AND WARRANTIES OF THE CITY. The City warrants and represents to Seller that the following statements will be true and correct upon execution of this Agreement and at Closing:

A. The City is a municipal corporation and Colorado home rule city with power to do all things required of it to close the transactions contemplated under this Agreement. The person executing this Agreement on behalf of the City is duly authorized to bind the City to the terms set forth herein.

B. This Agreement and all agreements, instruments, and documents herein provided to be executed or to be caused to be executed by the City are (or will be) duly executed by and be binding upon the City.

C. Immediately following the execution of this Agreement, the City shall execute a Ditch Easement Agreement (“the Easement”) with Seller which is attached as

Exhibit A.

7. DEFAULT / REMEDIES.

A. Default by Seller. In the event of a default by Seller, the City may elect to treat this Agreement as terminated upon written notice from the City to Seller, and both parties shall thereafter be released from all obligations hereunder. The City expressly waives the remedies of specific performance and damages.

B. Default by the City. In the event of a default by the City, this Agreement shall terminate upon written notice from Seller to the City, without liability for damages by the City to Seller, so long as Seller first provides the City with

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written notice of any default by the City under this Agreement, in which case the City shall be allowed a period of ten (10) business days to cure such default prior to Seller providing final written notice of termination to the City. Seller expressly waives the remedy of specific performance.

C. City Obligations Subject to Appropriation. Notwithstanding all of the remaining terms herein, the parties acknowledge that the the City’s obligations under this Agreement are subject to the annual monetary appropriations by the City Council for the the City. If the City Council should fail to budget and appropriate funds, then the the City’s obligations hereunder shall terminate upon written notice from the City to Seller.

D. Hold Harmless/Governmental Immunity Act Not Waived. In the event any claim is litigated which arises from this Agreement, each party will be responsible for its own expenses of litigation or other costs associated with enforcing this Agreement. No provision of this Agreement shall be deemed or construed to be a relinquishment or waiver of any kind of the applicable limitations of liability provided to the City by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et. seq., the City shall neither have, nor exercise any control or direction over the manner and means by which the City performs its obligations, except as otherwise stated in this Agreement and the City likewise will have, nor exercise any control or direction over the manner and means by which the Seller performs its obligations, except as otherwise stated herein. Each party understands and agrees that its employees are not employees of the other. Each party is solely responsible for payment of salaries, wages, payroll taxes, unemployment benefits or any other form of compensation or benefit to its employees under this Agreement. It is specifically agreed between the parties that this Agreement is not intended by any of its terms, provisions, or conditions to create in the public or in any individual member of the public a third party beneficiary relationship, or to authorize any person not a party to this Agreement to maintain suit for personal injuries or property damage pursuant to the terms, conditions or provisions of this Agreement.

8. NOTICE. The City and Seller agree that all notifications shall be in writing and delivered a) by hand or b) by email and also by placing in the U.S. Mail, certified and postage paid, return receipt requested, or c) by delivery through a nationally-recognized overnight delivery services, and shall be delivered, addressed or sent to the following:

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If to Seller:

Chilcott Ditch Company Attn: Jessie Shaffer

1845 Woodmoor Drive Monument, CO 80132

and by email to: jessies@woodmoorwater.com

with a copy to: Jane B. Fredman

13511 Northgate Estates Drive, Suite 250 Colorado Springs, CO 80921

and by email to: jane@fredmanlawco.com

If to the City, to: City of Fountain

Attention: Michael Fink 116 South Main Street Fountain, CO 80817

and by email to: mfink@fountaincolorado.org

with a copy to: Troy Johnson

116 S. Main Street Fountain, CO 80817

and by email to: trjohnson@fountaincolorado.org

9. BINDING EFFECT. This Agreement, when executed by the parties, shall be binding upon and inure to the benefit of the City and Seller, their legal representatives, successors and assigns.

10. COMMISSIONS AND BROKER DISCLOSURE. The City and Seller each represent and warrant to each other that they have not utilized any real estate broker, agent or salesman in connection with the sale contemplated herein. Each party holds the other harmless and indemnifies the other party from any claims for brokerage commissions and/or finder’s fees in connection with the purchase or sale of the Property to the extent claimed to be due from the acts or dealings with the indemnifying party. This indemnity survives Closing or termination of this Agreement.

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A. Severability. If any clause or provision of this Agreement is illegal, invalid or unenforceable under applicable present or future laws, then it is the intention of the parties that the remainder of this Agreement shall not be affected and that in lieu of any such clause or provision there be added as a part hereof a substitute clause or provision as similar in terms and effect to such illegal, invalid or unenforceable clause or provision as may be possible.

B. No Oral Modifications. No amendments or modifications to this Agreement shall be made or deemed to have been made unless in writing executed and delivered by the party to be bound thereby.

C. Governing Law. This Agreement shall be interpreted and enforced according to the laws of the State of Colorado.

D. Counterparts. This Agreement may be executed simultaneously in two (2) or more counterparts, each of which shall be deemed an original, all of which together shall constitute one and the same instrument. Facsimile signatures are binding in the same fashion as original signatures.

12. EFFECTIVE DATE. The Effective Date of this Agreement shall be the date the last of the parties executes this Agreement below.

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THE PARTIES INDICATE THEIR AGREEMENT by their signatures below:

THE CITY:

CITY OF FOUNTAIN, COLORADO

By: Date:

ATTEST:

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SELLER:

CHILCOTT DITCH COMPANY

a mutal ditch company and Colorado non-profit corporation

By: Date: President: ATTEST: By: Title: __________________________ STATE OF COLORADO ) ) ss. COUNTY OF El PASO )

The foregoing Easement Agreement was acknowledged before me this day of _______________________, 2021, by ________________ and ________________, as President and Secretary of Chilcott Ditch Company.

___________________________ Notary Public

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Regular

City Council Meeting

Consent –7D

January 26, 2021

Transfer 45% of the Shared Infrastructure at the Venetucci Wellfield to Security Water District

Summary Information

Title:

RESOLUTION 21-004, A RESOLUTION TO TRANSFER AN UNDIVIDED 45% INTEREST IN THE SHARED

INFRASTRUCTURE AT THE VENETUCCI WELLFIELD TO SECURITY WATER DISTRICT, RETAINING 10% UNDIVIDED INTEREST IN THE SHARED INFRASTRUCTURE FOR FOUNTAIN.

Initiator: Michael Fink, P.E., Water Resources Manager Council Action Presenter: Michael Fink, P.E., Water Resources Manager Council Information Legal Review: Yes No Report to Council Summary Overview and List of Attachments:

Fountain managed the construction, operated the system, financed the Venetucci Wellfield and put 100% of the water yielded by the wellfield to beneficial use over ten years (2006 through 2016). The terms of the sublease obligate both Security and Widefield to reimburse Fountain for the “shared infrastructure expenses,” 1/3 each, less depreciation through December 31, 2016, before taking any water yielded from the project. Security has reimbursed Fountain for their share of the “shared infrastructure expenses” and this action transfers an undivided 45% interest in the Venetucci Wellfield project to Security, according to the terms of the sublease. Attachments:

Water Rights Sublease 11/14/06 (21 pages)

Amended and Restated Water Rights Sublease 3/27/12 (22 pages) Bill of Sale to Security (1 page)

Transfer of Water System Infrastructure to Security Water District (4 pages) Quit Claim Deed and Assignment (1 page)

Background Information

The Pikes Peak Community Foundation (Foundation) leases some of the groundwater rights at the Venetucci Ranch to the Security Water District (Security) and to the Widefield Water and Sanitation District (Widefield); and Security and Widefield sublease some of these groundwater rights to the City of Fountain (Fountain). The foundational documents governing these leases and subleases of water rights are the lease from the Foundation to Security and Widefield, the sublease of these water rights to Fountain, and an amended and restated sub-lease document.

To facilitate building and operating the Venetucci Wellfield, the 2006 sub-lease and the 2012 amended and restated sublease assigned the construction management, the operation and the financing of the Venetucci Wellfield to Fountain and provided that both Widefield and Security would reimburse Fountain at 1/3 (each) for the “shared infrastructure expenses,” less depreciation, through December 31, 2016. Fountain was able to use all of the water produced by the Venetucci Wellfield during those ten years.

The sublease and the amended and restated sub-lease provided that, upon payment of the respective 1/3 shares of the “shared infrastructure expenses,” less depreciation, the City would transfer an undivided 45% of the infrastructure to both Widefield and to Security. Security has reimbursed Fountain for their 1/3 Share of the depreciated expenses. This transfer action is taken to confirm the payment for Security.

To continue the operations of the Venetucci Wellfield, Fountain, Security and Widefield negotiated the Joint Facilities Development and Operating Agreement on December 18, 2007. Security will continue the operation of the Venetucci Wellfield and treat the water from that project through their water treatment plant.

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Recommendation

Utility staff recommends that the City Approve Resolution 21-004,and approve the transfer of a 45% undivided interest in the Venetucci Wellfield Project to the Security Water District.

Proposed Motion

“I recommend approval of Resolution 21-004,and Approve the transfer of a 45% undivided interest in the Venetucci Wellfield project to the Security Water District.”

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RESOLUTON 21-004

A RESOLUTION TO TRANSFER AN UNDIVIDED 45% INTEREST IN THE SHARED INFRASTRUCTURE AT THE VENETUCCI WELLFIELD TO SECURITY WATER

DISTRICT, RETAINING 10% UNDIVIDED INTEREST IN THE SHARED INFRASTRUCTURE FOR FOUNTAIN.

WHEREAS, The Security Water District (Security), Widefield Water and Sanitation District (Widefield) and the City of Fountain (“City”) formalized a Water Rights Sublease among Security and Widefield as Sublessors and the City as Sublessee, dated December 15, 2006, and recorded with the El Paso County Recorder on January 10, 2007, at Reception No. 207004948 (“Original Sublease”), as amended and replaced by the Amended and Restated Water Rights Sublease among the parties dated March 27, 2012, recorded with the El Paso County recorder on December 12, 2012 at Reception No. 21215301; and

WHEREAS, The sublease authorizes Fountain to lease water from Security and Widefield, and requires Fountain to contract and pay for certain infrastructure including but not limited to rehabilitation and/or redrilling of one or more wells, and installation of pipelines and related infrastructure to deliver the water to the parties’ respective municipal water distribution systems; and

WHEREAS, The sublease requires Security and Widefield each to reimburse the City for 1/3 of the depreciated “shared infrastructure costs” after the expiration of the sublease; and

WHEREAS, Security has discharged its responsibility to reimburse the City for the agreed 1/3 of the depreciated “shared infrastructure costs.” allocated to Security.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fountain, Colorado, as follows:

1. The Mayor, City Manager or other representatives of the City delegated by the Mayor or City Manager are hereby authorized to execute all necessary documents in order to complete the sale.

2. The above authorization extends to the related documents necessary to achieve the identified and approved transfer elements.

Done this 26th day of January, 2021.

_______________________________ Gabriel P. Ortega, Mayor

ATTEST:__________________________ Silvia Huffman, City Clerk

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TRANSFER OF WATER SYSTEM INFRASTURCTURE TO SECURITY WATER DISTRICT PURSUANT TO AMENDED AND RESTATED WATER RIGHTS

SUBLEASE

This Transfer of Water System Infrastructure to Security Water District Pursuant to Amended and Restated Water Rights Sublease (“Transfer Agreement”) is entered into January __2021, between Security Water District, acting by and through its Water Activity Enterprise (“Security”) and the City of Fountain, Colorado (“Fountain”).

In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Security and Fountain agree as follows.

1. Security is a quasi-municipal corporation and political subdivision of the

State of Colorado, acting by and through its water activity enterprise.

2. Fountain is a Colorado home rule city that operates the City of Fountain

Electric, Water and Wastewater Utility Enterprise, which provides, among other things, municipal water service to its customers.

3. Security and Widefield Water and Sanitation District (“Widefield”), are parties as

lessees to that certain Water Rights Lease and Grant of Easements dated December 15, 2006 and recorded with the El Paso County Recorder on December 26, 2006, at Reception No. 206185458 (“Lease”) with Pikes Peak Community Foundation, as lessor, a charitable non-profit foundation operating within El Paso County, Colorado. P i k e s P e a k C o m m u n i t y F o u n d a t i o n s i s the owner of leased ground water rights from the Widefield aquifer in El Paso County, tributary to Fountain Creek, as described in Exhibits A and B to the Lease (“Leased Water Rights”). Security and Widefield are collectively referred to in this Transfer Agreement as “Sublessors.”

4. The Lease authorizes Sublessors to sublease the Leased Water Rights to

Fountain, and the Sublessors entered into a Water Rights Sublease with Fountain, dated December 15, 2006, and recorded with the El Paso County Recorder on January 10, 2007, at Reception No. 207004948 (“Original Sublease”). The Original Sublease was amended and replaced by an Amended and Restated Water Rights Sublease among the parties dated March 27, 2012, recorded with the El Paso County recorder on December 12, 2012 at Reception No. 212153013 (“Restated Sublease”). The Original Sublease and the Restated Sublease are herein collectively referred to as the “Sublease.”

5. The Sublease grants to Fountain the sublease of the Leased Water Rights, and

requires Fountain to construct and pay for certain infrastructure needed to allow Sublessors and Fountain to use the water from the Leased Water Rights (“Shared Initial Infrastructure”), including but not limited to rehabilitation and/or redrilling of one or more wells, and installation of pipelines and related and appurtenant infrastructure such as pumps, motors, well houses, and water storage tanks necessary to deliver the water to the parties’ respective municipal water distribution systems.

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Transfer Agreement between Security Water District and City of Fountain

Page 2

6. As provided in the Sublease, Fountain has installed and paid for the Shared

Initial Infrastructure.

7. The Sublease provides that Fountain will be considered as owning the Shared

Initial Infrastructure subject to the obligation to convey title to 90% of the Shared Initial Infrastructure to Sublessors upon reimbursement to Fountain of 90 percent of the Shared Initial Infrastructure Costs (as provide for and defined in the Sublease).

8. Security has paid to Fountain the sum of $736,379.88, which is payment in full for Security’s 45 percent share of the reimbursement for the Shared Initial Infrastructure Costs as required by the Sublease. Fountain and Security acknowledge and agree that this payment is the total amount of reimbursement which Security is required to pay to Fountain, and which Fountain is entitled to receive from Security for the Shared Initial Infrastructure constructed and paid for by Fountain pursuant to the Sublease.

9. Fountain shall upon mutual execution of this Agreement sell, assign, transfer, convey and quitclaim to Security an undivided 45% interest in and to the Shared Initial Infrastructure located in El Paso County, Colorado, to have and to hold the same unto Security, its successors and assigns forever. The parties acknowledge that upon conveyance to Widefield Water and Sanitation District of a like undivided 45% interest in and to the Shared Initial Infrastructure, Fountain will retain an undivided 10% interest in said Shared Initial Infrastructure, as described in the Quitclaim Deed and the Bill of Sale attached hereto as Exhibits A and B and incorporated in this Agreement.

10. The Sublease remains in full force and effect and shall continue to be performed by the parties in accordance with its terms.

IN WITNESS WHEREOF, Security and Fountain have executed this Transfer Agreement as of this _____ day of __________, 2021.

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Page 3

CITY OF FOUNTAIN, COLORADO By: __________________________ Title: Mayor

STATE OF COLORADO ) ) ss. COUNTY OF EL PASO )

The foregoing Agreement was acknowledged before me this _____ day of __________, 2021 by Gabriel P. Ortegaas Mayor of the City of Fountain.

WITNESS MY HAND AND OFFICIAL SEAL.

My commission expires:_________________________________________________________. __________________________________________ Notary Public

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Page 4

SECURITY WATER DISTRICT

By:_______________________________ Title:______________________________

The foregoing instrument was acknowledged before me this _____ day of __________, 2005 by __________, as ___________________ of Security Water District.

My commission expires:_________________________________________________________. __________________________________________ Notary Public

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BILL OF SALE (Security Water District)

KNOW ALL MEN BY THESE PRESENTS, that the City of Fountain, a Colorado home rule city (“Grantor”), for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, to it in hand paid, the receipt of which is hereby acknowledged, has sold, transferred and conveyed, and by this Bill of Sale does sell, transfer and convey unto Security Water District, acting by and through its Water Activity Enterprise (“Grantee”), a quasi-municipal corporation and political subdivision of the State of Colorado, the following property located in the El Paso County, Colorado:

An undivided 45% interest in and to any and all personal property, fixtures, machinery, equipment, well structures, pumps, motors, storage tanks, pipelines, and other

improvements, infrastructure, and appurtenances associated with and/or used in connection the Shared Initial Infrastructure as described in that certain Water Rights Sublease among Grantee and Widefield Water and Sanitation District as Sublessors and Grantor as sublessee, dated December 15, 2006, and recorded with the El Paso County Recorder on January 10, 2007, at Reception No. 207004948 (“Original Sublease”), as amended and replaced by the Amended and Restated Water Rights Sublease among the parties dated March 27, 2012, recorded with the El Paso County recorder on December 12, 2012 at Reception No. 212153013.

After this conveyance to Grantor and the conveyance of a like undivided 45 percent interest in the above described property to Widefield Water and Sanitation District, the Grantor will be left with and own an undivided 10 percent interest in the above-described property.

TO HAVE AND TO HOLD the same unto the said Grantee and its successors and assigns forever.

IN WITNESS WHEREOF, the Grantor has executed this Bill of Sale this _____ day of __________, 2020.

CITY OF FOUNTAIN, COLORADO

By: __________________________ Title: Mayor

The foregoing Bill of Sale was acknowledged before me this _____ day of __________, 2021 by Gabriel P. Ortega as Mayor of the City of Fountain.

_________________________________ Notary Public

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QUITCLAIM DEED AND ASSIGNMENT (Security Water District)

The City of Fountain (“Grantor”), a Colorado home rule city, for the consideration of Ten Dollars and other good and valuable consideration, in hand paid, hereby quitclaims, conveys, assigns, and transfers to Security Water District, acting by and through its Water Activity Enterprise (“Grantee”), a quasi-municipal corporation and political subdivision of the State of Colorado, the following real property, situate in El Paso County, Colorado, to wit:

An undivided 45% interest in and to any and all property, fixtures, well structures, pump houses, storage tanks, pipelines, and other improvements and infrastructure that are a part of, associated with, and/or used in connection the Shared Initial Infrastructure as described in that certain Water Rights Sublease among Grantee and Widefield Water and Sanitation District as Sublessors and Grantor as sublessee, dated December 15, 2006, and recorded with the El Paso County Recorder on January 10, 2007, at Reception No. 207004948 (“Original Sublease”), as amended and replaced by the Amended and Restated Water Rights Sublease among the parties dated March 27, 2012, recorded with the El Paso County recorder on December 12, 2012 at Reception No.

212153013,

with all its appurtenances,

After this conveyance to Grantor and the conveyance of a like undivided 45 percent interest in the above described property to Widefield Water and Sanitation District, the Grantor will be left with and own an undivided 10% interest in the above-described property.

Signed this _____ day of __________, 20__.

City of Fountain, Colorado

By:____________________________________ Title: Mayor

The foregoing instrument was acknowledged before me this _____ day of __________, 2021 by Gabriel P. Ortega, as Mayor of the City of Fountain, Colorado.

WITNESS MY HAND AND OFFICIAL SEAL. My commission expires:________________________.

__________________________________________ Notary Public

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Regular

City Council Meeting

New Business –9A

Items removed from Consent Agenda

January 26, 2021

Summary Information

Title:

CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT AGENDA

Initiator : City Clerk Council Action

Presenter: City Clerk Council Information

Legal Review: Yes No Report to Council Summary Overview and List of Attachments:

Any Items removed from the Consent agenda for further discussion shall be heard under this item Previous Action by City Council:

Attachment:

Background Information

Recommendation

Staff recommendations

Proposed Motion

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Regular

City Council Meeting

New Business -9B

Backflow Prevention Program

January 26, 2021

Summary Information

Title:

FIRST READING OF ORDINANCE NO. 1758, AN ORDINANCE ESTABLISHING A BACKFLOW PREVENTION PROGRAM BY AMEDNING SECTION 290 (CUSTOMER OBLIGATIONS) OF CHAPTER 13.04 OF TITLE 13 (UTILITIES CODE) OF THE FOUNTAIN MUNICIPAL CODE

Initiator : Justin Moore, Water Foreman Council Action Presenter: Dan Blankenship, Utilities Director Council Information

Legal Review: Yes No Report to Council

Summary Overview and List of Attachments:

The purpose of this Ordinance is to codify the existence of the City’s Backflow Prevention Program. It simply adds Section I of 13.04.290, obligating customers to “Comply with the Backflow Prevention and Cross-Connection Control Program established by the Utilities Director.”

The program details are listed in the attached revision of the Regulations Governing Water Service. Previous Action by City Council:

Attachment: Proposed additions to the Regulations Governing Water Service also known as the Backflow Prevention and Cross-Connection Control Program.

Background Information

Historically, Backflow and Cross-Connection control was governed by the state. Over the last few years, the state has begun a process to transfer that responsibility to local water systems. With that transition comes the

requirement to establish local regulations about how the program should be run. The amendment of the Water Code is based upon guidance from the Colorado Department of Public Health and Environment (CDPHE) and is substantially similar to all to other water systems throughout the state.

This change will allow the City to enforce the backflow rules, up to and including disconnection.

Recommendation

Staff recommends approval of this Ordinance.

Proposed Motion

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1

ORDINANCE NO. 1758

AN ORDINANCE ESTABLISHING A BACKFLOW PREVENTION PROGRAM BY AMEDNING SECTION 290 (CUSTOMER OBLIGATIONS) OF CHAPTER 13.04 OF

TITLE 13 (UTILITIES CODE) OF THE FOUNTAIN MUNICIPAL CODE

WHEREAS, the Utilities Department (“Utilities”) is responsible for the administration of and compliance with the Utilities Code, Chapter 13.04 of the Fountain Municipal Code; and

WHEREAS, Utilities has had a backflow program since 2002, although backflow compliance was generally governed by the State; and

WHEREAS, the State of Colorado enacted certain rules that required local water systems to enforce state backflow regulations, including phased compliance; and

WHEREAS, these changes to the Water Regulations are required to comply with the Colorado requirements; and

NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Fountain, Colorado:

Section 1. The recitals set forth in this ordinance are incorporated herein and made a part of this ordinance.

Section 2. Section 290 of Chapter 13.04 of the Fountain Municipal Code is hereby amended to read as follows:

Sec. 13.04.290. – Customer Obligations.

In addition to other obligations imposed by this Utility Code, customers shall: A. Protect infrastructure;

B. Install, maintain, clean, and repair customer service lines; C. Protect their equipment from service failures;

D. Comply with local, state, and national codes;

E. Pay for meter repairs and replacement caused by vandalism, other intentional acts, or by negligence, including freezing;

F. Pay charges;

G. Maintain a current mailing address;

H. Locate and avoid underground utilities by using the Colorado 811 utility locate service before digging or drilling; and

I. Comply with the Backflow Prevention and Cross-Connection Control Program established by the Utilities Director.

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2

Section 3. This ordinance shall be in full force in effect from and after its passage and publication as provided by the City Charter.

Introduced, read by title and passed this 26th day of January, 2021, by the City Council, City of Fountain, Colorado, signed by the Mayor, and ordered published by title with a summary written by the City Clerk together with a statement that the ordinance is available for public inspection and acquisition in the office of the City Clerk in the El Paso County Advertiser and News, a newspaper of general circulation in the City of Fountain.

__________________________________ Gabriel P. Ortega, Mayor

ATTEST:

________________________________ Silvia Huffman, City Clerk

Introduced, read by title, and passed on second and final reading on the ______ day of

_________________, 2021, and ordered published by title in the El Paso County Advertiser and News, a newspaper of general circulation in the City of Fountain, Colorado, in accordance with the City Charter.

_________________________________ Gabriel P. Ortega, Mayor

ATTEST:

_________________________________ Silvia Huffman, City Clerk

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REGULATIONS GOVERNING WATER SERVICE

Section IV. CONTROL AND PROTECTION OF WATER SYSTEM

F. Backflow Prevention and Cross-Connection Control Program.

(1) Purpose.

The purpose of this Section F is to protect the public water system from contaminants or pollutants that could enter the distribution system by backflow from a customer’s water supply system through the service connection. Except as otherwise provided herein, the City of Fountain shall administer, implement and enforce the provisions of this program.

(2) Authority

The authority to implement this program is contained in the following statute, legislation and regulations and acts:

1. Article 1-114 and Article 1-114.1 of Title 25 of the Colorado Revised Statutes (CRS) 2. Section 39 of 5 CCR 1002-11, Colorado Primary Drinking Water Regulations

3. Colorado Plumbing Code

The City of Fountain shall have the authority to survey all service connections within the distribution system to determine if the connection is a cross-connection.

(3) Applicability

Section F applies to all commercial, industrial and multi-family residential service connections within the City of Fountain water system and to any persons outside the City who are, by contract or agreement with the City water system, users of the City water system. Section F does not apply to single-family-residential service connections unless the City of Fountain becomes aware of a cross connection at the single-family connection.

(4) Definitions

a. “ACTIVE DATE” means the first day that a backflow prevention assembly or backflow prevention method is used to control a cross-connection in each calendar year. b. “AIR GAP” is a physical separation between the free flowing discharge end of a potable

water supply pipeline and an open or non-pressure receiving vessel installed in accordance with standard ASME A112.1.2.

c. “BACKFLOW” means the undesirable reversal of flow of water or mixtures of water and other liquids, gases or other substances into the public water systems distribution system from any source or sources other than its intended source.

d. “BACKFLOW CONTAMINATION EVENT” means backflow into a public water system from an uncontrolled cross connection such that the water quality no longer meets the

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Colorado Primary Drinking Water Regulations or presents an immediate health and/or safety risk to the public.

e. “BACKFLOW PREVENTION ASSEMBLY” means any mechanical assembly installed at a

water service line or at a plumbing fixture to prevent a backflow contamination event, provided that the mechanical assembly is appropriate for the identified contaminant at the cross connection and is an in-line field-testable assembly.

f. “BACKFLOW PREVENTION METHOD” means any method and/or non-testable device

installed at a water service line or at a plumbing fixture to prevent a backflow contamination event, provided that the method or non-testable device is appropriate for the identified contaminant at the cross connection.

g. “CERTIFIED CROSS-CONNECTION CONTROL TECHNICIAN” means a person who possesses

a valid Backflow Prevention Assembly Tester certification from one of the following approved organizations: American Society of Sanitary Engineering (ASSE) or the American Backflow Prevention Association (ABPA). If a certification has expired, the certification is invalid.

h. “CONTAINMENT” means the installation of a backflow prevention assembly or a

backflow prevention method at any connection to the public water system that supplies an auxiliary water system, location, facility, or area such that backflow from a cross connection into the public water system is prevented.

i. “CONTAINMENT BY ISOLATION” means the installation of backflow prevention

assemblies or backflow prevention methods at all cross connections identified within a customer’s water system such that backflow from a cross connection into the public water system is prevented.

j. “CONTROLLED” means having a properly installed, maintained, and tested or inspected

backflow prevention assembly or backflow prevention method that prevents backflow through a cross connection.

k. “CROSS CONNECTION” means any connection that could allow any water, fluid, or gas

such that the water quality could present an unacceptable health and/or safety risk to the public, to flow from any pipe, plumbing fixture, or a customer’s water system into a public water system’s distribution system or any other part of the public water system through backflow.

l. “MULTI-FAMILY” means a single residential connection to the public water system’s

distribution system from which two or more separate dwelling units are supplied water.

m. “SINGLE-FAMILY” means:

i.A single dwelling which is occupied by a single family and is supplied by a

separate service line; or

ii. A single dwelling comprised of multiple living units where each living unit

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n. “UNCONTROLLED” means not having a properly installed and maintained and tested or inspected backflow prevention assembly or backflow prevention method, or the backflow prevention assembly or backflow prevention method does not prevent backflow through a cross connection.

o. “WATER SUPPLY SYSTEM” means a water distribution system, piping, connection

fittings, valves and appurtenances within a building, structure, or premises. Water supply systems are also referred to commonly as premise plumbing systems.

(5) Requirements

a. Commercial, industrial and multi-family service connections shall be subject to a

survey for cross connections. If a cross connection has been identified an appropriate backflow prevention assembly and or method shall be installed at the customer’s water service connection within 90 days of its discovery. The assembly shall be installed

downstream of the water meter or as close to that location as deemed practical by the City of Fountain. If the assembly or method cannot be installed within 90 days the City water system must take action to control or remove the cross connection, suspended service to the cross connection or receive an alternative compliance schedule from the Colorado Department of Public Health and Environment.

b. In no case shall it be permissible to have connections or tees between the meter and

the containment backflow prevention assembly.

i.In instances where a reduced pressure principle backflow preventer cannot be

installed, the owner must install approved backflow prevention devices or methods at all cross-connections within the owner’s plumbing system.

c. Backflow prevention assemblies and methods shall be installed in a location which

provides access for maintenance, testing and repair.

d. Reduced pressure principle backflow preventers shall not be installed in a manner

subject to flooding.

e. Provisions shall be made to provide adequate drainage from the discharge of water

from reduced pressure principle backflow prevention assemblies. Such discharge shall be conveyed in a manner which does not impact waters of the state.

f. All assemblies and methods shall be protected to prevent freezing. Those assemblies

and methods used for seasonal services may be removed in lieu of being protected from freezing. The assemblies and methods must be reinstalled and then tested by a certified cross-connection control technician upon reinstallation.

g. Where a backflow prevention assembly or method is installed on a water supply system

using storage water heating equipment such that thermal expansion causes an increase in pressure, a device for controlling pressure shall be installed.

h. All backflow prevention assemblies shall be tested at the time of installation and on an

annual schedule thereafter. Such tests must be conducted by a Certified Cross-Connection Control Technician.

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i. The City of Fountain requires inspection, testing, maintenance and as needed repairs and replacement of all backflow prevention assemblies and methods, and of all required installations within the owner’s plumbing system in the cases where containment assemblies and or methods cannot be installed.

j. All costs for design, installation, maintenance, testing and as needed repair and

replacement are to be borne by the customer.

k. No grandfather clauses exist except for fire sprinkler systems where the installation of

a backflow prevention assembly or method will compromise the integrity of the fire sprinkler system.

l. For new buildings, all building plans must be submitted to the public water system and

approved prior to the issuance of water service. Building plans must show:

i. Water service type, size and location

ii. Meter size and location

iii. Backflow prevention assembly size, type and location

iv. Fire sprinkler system(s) service line, size and type of backflow prevention

assembly.

i. All fire sprinkling lines shall have a minimum protection of an approved

double check valve assembly for containment of the system.

ii. All glycol (ethylene or propylene), or antifreeze systems shall have an

approved reduced pressure principle backflow preventer for containment.

iii. Dry fire systems shall have an approved double check valve assembly

installed upstream of the air pressure valve.

iv. In cases where the installation of a backflow prevention assembly or

method will compromise the integrity of the fire sprinkler system the public water system can chose to not require the backflow protection. The City of Fountain will measure chlorine residual at location

representative of the service connection once a month and perform periodic bacteriological testing at the site. If the City of Fountain suspects water quality issues the public water system will evaluate the practicability of requiring that the fire sprinkler system be flushed periodically.

(6) Inspection, Testing and Repair

a. Backflow prevention assemblies or methods shall be tested by a Certified

Cross-Connection Control Technician upon installation and tested at least annually, thereafter. The tests shall be made at the expense of the customer.