FOSSIL RIDGE METROPOLITAN DISTRICT NO. 3 BOARD MEMBER SOLICITATION TO FILL A VACANCY
Please CLICK HERE to view the notice regarding Fossil Ridge Metropolitan District No. 3
Board member solicitation to fill a vacancy
Water Feature Status
The water feature in the lower tributary has yet to be started this season. This delay is do to a known leak.
The water feature has not been accepted by the District. Therefore, Brookfield is working with a contractor to correct deficiencies by installing a recommended liner. However, the water feature has to be dry before the liner can be installed to assure it adheres to the bottom and sides. While the contractor intends to have this work done soon and have the water feature flowing, it will depend on weather and assuring the water feature is dry.
Our community’s board wants you aware that the cost of repair are not borne by the community. The repairs are being done by Brookfield to provide a functional, long term solution to the water feature prior to consideration for acceptance by our District.
Update on the Dispute with Green Mountain Water and Sanitation District Over Compensation for Sewer System Oversizing
On January 15, 2008 Green Mountain and Fossil Ridge Metro District 1 (Fossil Ridge) entered into an Intergovernmental Agreement (IGA) for Green Mountain to provide sewer service to Fossil Ridge. As a condition of that IGA, Green Mountain required Fossil Ridge to oversize the sewer system so that Green Mountain could also serve a downstream area in the Rooney Valley called the “Future Development Area.” Green Mountain and Fossil Ridge entered into an amended IGA on November 11, 2014, to add a mechanism for Fossil Ridge to recover the costs of oversizing the sewer system.
On September 1, 2017 Green Mountain and Big Sky sued Fossil Ridge seeking a declaratory judgement to specify the proper amount Fossil Ridge should be reimbursed for oversizing the sewer system. The premise of the lawsuit was that Green Mountain desired to provide service to Big Sky and that an agreement on the appropriate reimbursement amount was the only thing preventing Green Mountain from doing so.
At that time, there was no Fossil Ridge Board due to the resignation of the Brookfield employee Board Members in June. Upon learning that a Board did not exist, Big Sky and Green Mountain agreed to a temporary stay. The stay was necessary to stop the declaratory judgement and protect Fossil Ridge’s position. Fossil Ridge expended significant time and money responding to this suit and securing a settlement, which provides that Big Sky will reimburse Fossil Ridge $1,300,000 to connect to the Fossil Ridge sewer system. Green Mountain's representation that it was going to provide service to Big Sky was the primary reason Fossil Ridge entered into the reimbursement agreement, as this is what triggers the payment of the reimbursement.
On April 9, 2019, Green Mountain terminated its IGA with Big Sky, which it had entered into on May 8, 2018 after securing the settlement with Fossil Ridge. As Green Mountain represented in the suit with Fossil Ridge, this IGA stated that Green Mountain would provide sanitary sewer service to Big Sky, with Big Sky providing services to future customers. Green Mountain terminating its IGA with Big Sky prevents Fossil Ridge from collecting the $1,300,000, and may force Fossil Ridge to spend additional time and money on legal action to preserve the opportunity to recover the costs of oversizing the sewer system.
IMPORTANT SAFETY ALERT FOR SOLTERRA RESIDENTS
Fossil Ridge Metro Districts 1-3 have become aware of a serious safety issue for Solterra residents. General Shale Mine owns the property adjacent to Solterra on the west side. It is private property, so any intrusion on to the mine area is considered trespassing. While it is unlawful to trespass on this property, our primary concern is for the safety of our young residents.
It has been reported that residents are accessing this private property for sledding and swimming in the pond. As illustrated below, there is a large 20-foot deep pond on the property. The Lakewood Police indicate that, if they were to receive a call to save an individual from any form of danger, it would be extremely difficult to gain access to the area and/or reach the injured person in a timely manner because of the steep grade around the pond.
Some residents living adjacent to the mine have installed gates leading onto General Shale Mine property. While the gate may have been approved, use of the gate to enter the mine property is considered trespassing which is punishable under the law.
We strongly encourage residents to respect the owners of the shale mine and immediately desist from trespassing onto the private property.
Notice to the Residents Regarding 2018-2019 Property Tax Errors
CLICK HERE to view the Property Tax Errors notice that has been mailed to all owners by the Board of Directors for the Fossil Ridge Metropolitan District Nos. 1-3.
Did You Know?...
The location and number of filings in our community- Click Here
The construction of community like Solterra involves separating the effort into projects known as filings, which are registered with the city. As the work on a filing is satisfactorily completed, the FRMD accepts the filing from the developer and assumes responsibility for it. In community meetings, these areas are frequently only referred by their filing number.
In an effort to better familiarize community members with the location and number of each filing, the attached map provides information residents may find useful.
For past Announcements, please Click here
(link to the District / communications page)