City Attorney's Office
Reference: Mediation Authority
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Alicia Calder?n, City Attorney
Date Prepared: February 20, 2026
PURPOSE
To approve a motion delegating settlement authority at a mediation with the Town of Lochbuie.
BACKGROUND
The City Council approved a settlement agreement and the First Amended and Restated Beebe Draw Wastewater Service Agreement ("2009 Agreement") in Resolution No. 2009-155. The original agreement was signed in November of 1997. The City of Brighton ("Brighton") had filed a lawsuit against the Town of Lochbuie, the South Beebe District, Bromley Park Metropolitan Districts 2, 3, and 4, and others due to disputes regarding the operation and expansion of the Lochbuie Wastewater Treatment Plant. The Town of Lochbuie ("Lochbuie") and parts of Brighton lie within a drainage basin known as the Beebe Draw, and Lochbuie provides the wastewater treatment for this area. The 2009 Agreement has a term of fifty (50) years and is not due to terminate until January 16, 2041 unless it is terminated earlier by mutual agreement of the parties.
Brighton sent a letter November 21, 2025 to Lochbuie alleging a failure to fully comply and meet all the terms in the 2009 Agreement. One of the key issues revolves around Lochbuie having reached its maximum capacity but having failed to timely notify Brighton, and the other involves the cost of building an expansion of the wastewater treatment plant. In a letter dated January 30, 2026, Lochbuie responded to Brighton's letter and agreed that they could consider negotiations to transition out of the current partnership. Brighton is doing its due diligence to consider the cost of transitioning away from the 2009 Agreement, and the City Council approved a letter on February 17, 2026 to Metro Water Recovery to determine the feasibility of transferring wastewater services. The first session of mediation has ...
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