Leyden Creek Community

Legal Research Approved

Dec 20, 1998

The Leyden Creek Community Group approved the expenditure of $1,000 plus any dedicated donations for legal reserch. The funds are being used to hire an attorney to research and write an report outlining what property rights property owners have when being faced with demands to connect to municipal sewer service and/or demands to annex. The scope of work includes answering the following questions:

?· What precedent, if any, has been set by Arvada waiving fees for Candlelight property owners that voluntarily petitioned to annex to Arvada
?· What will the fees be and what are a property owners rights, if their septic system is okay, but then fails after sewer main is installed?
?· What options are available for obtaining water service when forced to connect to sewer?
?· Are there legal requirements to require the City of Arvada to treat all property owners outside its boundaries the same? If so, how binding are these requirements and how can they be used as negotiating tools?
?· Can property owners negotiate deals for both water as well as sewer service? If yes, how should they proceed?
?· What can property owners negotiate for if their properties are taken for sewer easements?
?· Can the City legally force the annexation? If yes, what zoning rights can be negotiated for property owners?
?· How can animal and agricultural uses be maintained? How can existing County A-2 zoning rights be maintained?
?· What can be done to protect water rights?

Lee Mayberry, Carol Kennedy and Carol O'Dowd were appointed to the Legal Research Committee and directed to select the attorney and oversee the report.