City Attorney’s Office
Reference: Resolution to Approve Filing of Complaint Against Town of Lochbuie
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Alicia Calderón, City Attorney
Date Prepared: November 6, 2026
PURPOSE
To approve the filing of a complaint against the Town of Lochbuie.
BACKGROUND
The Town of Lochbuie (“Lochbuie”) and the City of Brighton (“City”) entered into an intergovernmental agreement initially in 1997 for a wastewater treatment facility in the Beebe Draw Service Area. Lochbuie agreed to develop and construct the facility. In 2007, the City filed suit against Lochbuie with a number of claims, including a dispute regarding Plaint Investment Fees and a contract for expanding the facility. The parties reached an agreement in 2009 and settled the case. The settlement agreement created the joint sewer board that exists today, with 3 Lochbuie Town Council Members and 2 Brighton City Council Members. The First Amended and Restated Beebe Draw Wastewater Water Agreement (“2009 Agreement”) entered into in 2009 details how future plant expansions should occur, how Plant Investment Fees should be tracked and reported, and much more.
Approximately one year ago, the City reached out to Lochbuie detailing ways it believed Lochbuie had violated the 2009 Agreement. The two parties have been negotiating for at least ten months without reaching any agreement. The City believes it is in the best interests of its residents to transfer wastewater flows to Metro Water Recovery allowing Lochbuie to serve its residents into the future. Due to the failure to reach any agreement, the City believes it is necessary to file a complaint and begin the litigation process to resolve the issues it has raised.
OPTIONS FOR COUNCIL CONSIDERATION
City Council may adopt the resolution or deny the approval of the resolution.
ATTACHMENTS
Resolution