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RESOLUTION NO. 51
Series of 1995
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
FINDING SUBSTANTIAL COMPLIANCE WITH THE CITY OF ASPEN WATER POLICIES
RELATING TO THE EXTENSION OR EXPANSION OF WATER SERVICE TO THE WEST
BUTTERMILK SUBDIVISION
WHEREAS, the West Buttermilk Homeowners Association has submitted an application
for water service to the City of Aspen Water Department; and
WHEREAS, the property to be served by the proposed water service is in Pitkin County
and not within the city limits of the City of Aspen; and
WHEREAS, the City Council has adopted by resolution (Resolution No.5, Series of 1993)
policies to guide municipal water system development and services beyond the city limits; and
WHEREAS, said policies require the City Council to make a determination that the
proposed water service extension complies with said policies; and
WHEREAS, the City Council has had an opportunity to review the proposed expansion
of water service to the property owned by the West Buttermilk Homeowners Association with city
staff.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
That the City Council of the City of Aspen hereby determines that the proposed water
service extension to the West Buttermilk Subdivision located beyond the city limits of the City of
Aspen substantially complies in all respects to the City of Aspen water ]policy for extraterritorial
service as set forth in Resolution No.5, Series of 1993, contingent upon the following:
1. A fully completed application for water service is received by the Water
Department within two years of the effective date of this Resolution.
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2.
The application for water service shall include the individual
property owners that are seeking water service and who will be
legally bound by any Water Service Agreement entered into with
the City of Aspen.
3. The application for water service shall contain engineering drawings detailing the
proposed extension in a format and with sufficient clarity to the satisfaction of the
City of Aspen Water Department.
4. The applicant shall submit a proposal acceptable to the City to ensure financial
security for completion of the project.
5. The applicant shall submit estimated engineering costs to complete the project in
sufficient detail to the satisfaction of the City.
6. The proposed extension of any water service lines shall serve only such growth as
is endorsed by the City Council. Applicant has made representations to the City
Council with respect to the development approvals currently in existence that could
be served by the proposed extension of service. Any additional development which
may occur in the future shall be subject to approval by !the City Council prior to
any water service being provided to such future development.
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7.
No extension or expansion of service shall be approved without the prior execution
of a written Water Service Agreement. Said Water Service Agreement shall be
approved by the City Council by Ordinance.
8. The extension or expansion shall make a financial profit for the City.
9. The Water Service agreement shall include a provision which shall require the
applicant to agree to a restriction on the use of treated potable water in the event
that raw water is made available for irrigation purposes or other purposes which
do not require treated water.
10. The cost of the extension or expansion proposed shall be borne entirely by the
applicant.
11. The applicant shall agree to the annexation to the City of Aspen of all property
served by the extension or expansion of water service at such time as the property
becomes contiguous to the City and the City determines such annexation is
desirable. Said consent shall be provided by each owner of property served on a
document acceptable in form by the City Attorney and recordable in the County
Clerk and Recorder's Office as a covenant to run with the land.
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12.
The application for water service shall be accompanied by a processing fee and
review fee as established by the city.
13. The applicant shall agree to dedicate or transfer to the City alii water rights owned
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by the applicant. Such water rights shall be comparable to the water services to be
delivered by the City. Such water rights must be deemed acceptable by the City
in its sole discretion. A cash payment in lieu of the transfer of a water right may
be acceptable by the City in its sole discretion.
14.
Applicant shall pay all utility charges, tap fees, utility connect charges, and any
other fees normally assessed for the connection of City of Aspen water services.
15.
The Water Service Agreement shall contain a provision requiring the applicant to
pay a pro-rata share of the cost of developing additional well capacity as contained
in the City's Asst Management Plan to adequaely serve the property.
16.
The Water Service Agreement shall contain a provision that water service shall be
contingent upon the property being served by the Eagle Pines Water Tame The
City shall not be responsible for any costs associated with the construction or
easements of the Eagle Pines Tame
17. Passage of this resolution is premised upon preliminary information provided by
the Applicant. The City shall have the' .ol;)Portunity to further review the proposed \,c
extension to ensure compliance with ali City water policies, including compliance
with the Aspen Area Community Plan prior to the execution of a Water Service
Agreement.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
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the,--+'\- dayof -~J/~0c-' ,1995.
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John S. Beunett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is
a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
)
. Koch, City Clerk
ENDFlELD
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MEMORANDUM
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TO:
Mayor and Members of Council
THE CITY OF ASPEN
CITY Arrli!llNEY'S OFFICE
FROM:
John P. Worcester ~
September 21, 1995
DATE:
RE:
West Buttermilk Homeowners Association - Water Service
The West Buttermilk Homeowners Association has indicated a desire for City water service.
Attached please find a memo from Phil Overeynder adderessing water availability and
engineering issues, and a memo from Cindy Houben addressing AACP compliance issues.
This memo is to explain the need for a resolution.
In 1993, City Council adopted Resolution No.5 endorsing and adopting policies to guide
municipal water system development and services. Appended hereto as Exhibit U 1 U is a copy of
that Resolution. Please note that a major policy statement of the adopted resolution requires City
Council to determine that any proposed extension of water service outside the city limits (1) will
not jeopardize existing and future water users within the City of Aspen, (2) will not jeopardize
existing water users outside the geographical boundaries of the City; and (3) that the proposed
extension meets the following criteria:
a. The extension or expansion will be consistent with and further the
goals of the Aspen Area Community Plan and those growth
management regulations adopted pursuant thereto; and
b. The extension or expansion will serve only such growth as has
been endorsed by the City Council; and
c. The extension or expansion will make a [mancial profit for the
City; and
d. The extension or expansion will serve all other applicable goals
and policies of the City.
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The process which staff has adopted in accordance with the above stated City policies, is that
prior to negotiating a water service agreement, City Council would be given an opportunity to
review the proposed project and determine if it is consistent with all City water policies relating
to extraterritorial extensions.
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RESOLUTION NO. 5
(series of 1993)
(as amended by Resolution No. -AS- (series of 1993))
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, ~LORADO,
ENDORSING AND ADOPTING POLICIES TO GUIDE MUNICIPAL WATER SYSTEM
DEVELOPMENT AND SERVICES.
WHEREAS, after a careful and thorough review of the City's
historic and current water management policies and practices,the
City Council has determined that all future expansions of the
municipal water system and system capacity shall be examined and
approved pursuant to a comprehensive policy in coordination with
a land use planning process that addresses issues of water
quantity and availability, water quality, storage capacities,
treatment capacities, delivery infrastructure, appropriate
locations for growth, conservation, short term and long term
costs, and the preservation of the natural environment; and
WHEREAS, the City, in cooperation with Pitkin County, has
recently adopted,the Aspen Area Community Plan which, when imple-
mented with the water management pOlicies contained herein, will
assist in providing guidance for the orderly development of tqe
City's water treatment and distribution system both inside and
outside the City's geographical boundaries; and
WHEREAS, the city council has determined that the existing
water delivery system and infrastructure should assume and
maintain a favored status when compared to proposed expansions of
the system for purposes of serving extraterritorial customers;
and
WHEREAS, the City Council has further determined that
historically it has not been in the City's interest to take over
ownership or assume operational responsibility of substandard
water delivery systems and that the City should not continue to
do so in the future; and
WHEREAS, the City Council recognizes that the City's finan-
cial and water resources are not unlimited and that the City of
Aspen is not a public utility required to serve all persons or
uses; and
WHEREAS, the City Council hereby declares that the adoption
,'of the water management policies as set torth herein does not
assume and is not intended to represent a commitment, obligation
or ability on the part of the City of Aspen to provide water or
water delivery services to customers not currently served by 'the
existing system; and
EXHIBIT 1
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WHEREAS, the implementation of the water policies as herein
adopted is expected and intended to result in the continued and
full utilization of all of the City's water rights; and
,WHEREAS, the City council has determined that the adoption
of the following comprehensive water management polici~ is
necessary to further and protect the public health, safEfty and
welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, that the following policies are hereby
adopted and shall hereafter guide the City of Aspen and all of
its departments in devising, approving -and implementing plans
and/or projects for the delivery of water services utilizing the
City's water resources and municipal water system. It is the
intent of the City Council that the policies set forth herein
shall update and revise those policies as previously adopted by
the City in the 1980 Water Management Plan and supersede such
'older policies should conflicts arise between the two.
STATEMENTS OF POLICY
to:
It is the policy of the City of Aspen in order of priority
ONE, provide existing and future water users within the City
of Aspen with an adequate supply of water for all municipal
purposes.
TWO, provide existing water users outside the geographical
boundaries of the City of Aspen with an adequate supply of water
for all municipal purposes.
THREE, extend or expand water services outside the city
limits only when the extension or expansion will not jeopardize
the first and second priorities as set forth above, and meet the
following criteria:
a. The extension or expansion will be consistent with and
further ,the goals of the Aspen Area community Plan ~nd
those growth management regulations adopted pursuant
thereto; and
b. The extension or expansion will serve only such growth
as has been endorsed by the City Council; and
c. The extension or expansion will make a financial profit
for the city; and
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d.
The extension or expansion will serve all other appli-
cable goals and policies of the city.
In delivering water services the City shall provide and
maintain the highest1level of protection for the natural environ-
ment as reasonabli possible as determined by the City within its
sole discretion, subject only to considerations of publ,~ health
and safety. Furthermore, the delivery'of all water and water
services shall be subject to supply curtailment ordinances as
existing or subsequently enacted by the city.
POLICY GOALS
The policies set forth herein are designed and intended to
serve and further all of the following goals:
1.
customers
pal uses,
To provide a reasonable level of water services to
served by the City of Aspen for a full range of munici-
subject to curtailment policies in times of shortage.
2. To utilize and protect the City's water rights in order
to maintain current and future water service levels while at the
same time promoting recreational and environmental interests such
as maintaining clean streams, water conservation, maintaining
minimum stream flows and aquatic habitat, and developing hydro-
electric power.
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rates.
To provide water and water services at reasonable
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tion.
To provide and promote incentives for water conserva-
5, To utilize raw water rather than treated water for
irrigation purposes wherever possible.
6. To obtain a financial profit in the delivery of water
services.
7. To accommodate only such community and area growth and
land uses as are consistent with the planning goals and standards
as adopted by the city of Aspen and Pitkin county and which do
not requi~e new water treatment facilities or the expansion of
existing water treatment plant capacities.
IMPLEMENTATION
To achieve the goals as set forth above, the following
implementation steps shall be undertaken.
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1. To protect water quality, the City shall comply with
applicable federal and state water quality laws and regulation$
and, where deemed necessary, enact and enforce local ordinances
to further protect water quality~ I
2. The City shall develop incentives to promote ~ter
conservation and enact and uniformly eryforce ordinances designed
to conserve water use.
J. The City shall create educational programs to promote
public awareness and understanding of water quality and conserva-
tion needs.
4. To the extent reasonably practicable given the City's
financial resources and policy goals, the City shall utilize its
existing water rights and/or obtain additional 'water rights
deemed critical to maintain minimum stream flows in the upper
Roaring Fork Valley and shall work in cooperation with appropri-
ate governmental agencies to establish, protect and maintain
minimum stream flows.
5. The city shall seek changes in its water rights as
necessary and appropriate to maximize the use of its water
holdings consistent with the water policies set forth herein.
6. The city shall develop and implement a water capital
asset management plan which, when integrated into established
area community growth plans and goals, will provide the City and
its customers with adequate and efficient transmission, storage,
treatment and distribution facilities and infrastructure to meet
current and anticipated future water service needs.
7. The City shall develop and enforce water system
infrastructure and operational standards utilizing the minimum
standards as adopted by the American Water Works Association as
guidelines.
8. The city shall pursue and develop environmentally-
sensitive hydroelectric power resources.
9. The City shall discourage the installation of
individual domestic wells or well systems in subdivision develop-
ment served or to be served with municipal water where su~h
systems will detract from the City's water policies or goals,
threaten the City's water rights, or would be injurious to the
health, safety or welfare of the City, its residents or water
users.
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10. The City shall identify current and future water users
to whom raw water can be supplied in place of treated water for
irrigation purposes in a cost-effective manner and shall restriict
the use of treated water for irrigation purposes. I
11. The city shall require that all future extens~ons of
the municipal water system pay their own way and comply'''Wi th a:ll
minimum engineering standards as adopted by the City.
12. The city shall only extend new or expand existing water
services beyond the city limits if:
i. The extension or expans10n will improve the water
delivery capacity of the system and not adversely
impact services to existing water system users.
ii. There is sufficient water and water treatment
capacity to provide the new or expanded service
without jeopardizing water reserves and the treat-
ment capacities necessary for the build out of
areas where service is already provided or where
service is contemplated in accordance with the
Aspen Area Community Plan.
iii. The extension or expansion will not result in an
operational financial deficit.
iv. The water services to be delivered will only ac-
commodate growth which is endorsed by the City of
Aspen and consistent with the Aspen Area Community
Plan.
v. The extension or expansion will not adversely
impact the environmental goals of maintaining
water quality and quantity, minimum stream flows,
the development of hydroelectric power, and over-
all water conservation.
vi. The extension or expansion will result in the
delivery of water services at reasonable rates.
vii. The extension or expansion will include adequate
facilities for treated water storage and fire
suppression,
viii. The extension or expansion shall incorporate the
utilization of raw water in place of treated water
for irrigation purposes whenever reasonably possi-
ble.
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ix. All extension or expansion requests shall be ac-
companied by a processing and review fee as estab-
lished by the City.
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x. All extensions or expansions of service, or ~he
annexation or conversion of existing priv~~e water
services/systems, shall be accompanied by~ dedi-
cation or transfer of water rights from the user
to the city comparable to the water services to be
delivered. Such water rights must be deemed ac-
ceptable by the City in its sole discretion. A
cash payment in lieu of the transfer of a water
right may be accepted b~ the city in its sole
discretion. '
xi. No extension or expansion of service shall be
approved without the prior execution of a written
water service agreement incorporating a contractu-
al obligation on the part of the user to annex the
property benefitted by the water service to the
City of Aspen if such property is contiguous or
becomes contiguous to the City and the City deter-
mines such annexation is desirable.
DELEGATION
The City Manager may devise and enforce such rules and
regulations as she may deem necessary to further implement the
policies and goals as set forth in this water management plan and
policy statement so long as such additional rules and regulations
are not inconsistent with the goals and policies as set forth
herein.
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RESOLVED, APPROVED AND ADOPTED this
day of
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Aspen, Colorado.
, 1993, by the city Council for the City of
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John s!~ Bennett, Mayor
I, ,Kathryn S. Koch, du~y appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
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resolution adopted by the City
Colorado, at a meeting held
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of Aspen,
, 1993.
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Koch, City Clerk
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MEMORANDUM
TO:
Mayor and council
THRU:
Amy Margerum, city Manager
FROM:
Cindy Houben, Director Long Range Planning
Leslie Lamont, Deputy Director
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DATE:
September 25, 1995
RE:
West Buttermilk Water Service Extension - Compliance with
the Aspen Area community Plan
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The West Buttermilk subdivision is an existing development of 55
residential parcels. The subdivision was approved in 1966. The
AACP was adopted in 1993.
West Buttermilk is considered part of Neighborhood Planning Area
"M" and was incorporated into the data collection of existing
development for the Aspen Area Community Plan. These numbers were
used to establish a base population count when ultimate buildout
was defined during adoption of the AACP.
Therefore staff recommends that any redevelopment or subdivision
resulting in additional parcels in this service area shall. be
reviewed based upon the AACP.
In addition, staff would like to point out that employee dwelling
units (EDUs which are required to be deed restricted) and caretaker
dwelling units are available to this area via the County Land Use
Code. Approval of these units may increase water usage of the
existing development. This should be taken into account for water
capacity purposes. Relative to the AACP, EDU's are encouraged.
Staff would also like to point out that the AACP identifies the
area adjacent to the West Buttermilk subdivision as a location
which may become one piece of a greater solution to our
transportation issues.
Action item #19 of the AACP transportation section identifies
several locations, including the Buttermilk area as appropriate for
intercept lots. It states " Develop intercept lots at Brush Creek
Road/ State Hwy 82, Buttermilk and lor other appropriate locations
which would be free to users of the lot and secured. Provide
frequent,effective and free transit service between the lot and the
City of Aspen". I
The AACP transportation section also states that the direction of
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the community is to "Insure consistency with the AACP and the Aspen
to Snowmass Transportation Plan". That plan identified the need for
an intercept lot in the Buttermilk area.
The latest Entrance to Aspen Charrette exercise also identifies the
Buttermilk area as a potential site for an intercept and/or multi-
modal center. Thus, studies undertaken in association with the
direction of the AACP identify the Buttermilk area as a likely
location for some type of transportation center o~parking
facility.
RECOMMENDATION: Based on
recommends approval of
Buttermilk Subdivision.
the information provided to date, staff
the extension of water to the West
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MEMORANDUM
TO:
MAYOR AND MEMBERS OF COUNCIL
AMY MARGERUM, CITY MANAGER ~ .~
JOHNP. WORCESTER, CITY ATTORNEY ~,., . r'\ ,
PHILOVEREYNDER, WATER DIRECTOR "\~
THROUGH:
FROM:
DATE:
AUGUST 23, 1995
SUBJECT:
WEST BUTTERMILK HOMEOWNERS' ASSOCIATION--
WATER SERVICE
The West Buttermilk: Homeowners' Association has filed an application with the Water Department
for an extension of our water system to serve their homes, This matter is before you to seek guidance
on how staff should proceed with this application,
The City's application form for extraterritorial water service requires detailed information on a
proposed expansion of our water system. The information required assists staff in evaluating the
engineering and financial aspects of the proposed project. It also solicits information that would
assist City Council in determining whether the extraterritorial service complies with the Aspen Area
Community Plan.
The application submitted by"the West Buttermilk Homeowners is not completed to the same Hovel
as other applications brought to Council. It does not contain much of the information staff requires
to evaluate the financial and engineering aspects of the project. However, it does provide sufficient
technical information to address the question of engineering feasibility of extending water service and
provides budget level information on the cost of this extension, The applicants are reluctant to spend
the money that would be needed to complete the engineering work without some sense from Council
that the extension would be approved if they Gleet the AACP compliance requirements,
At the same time, staff has some concerns about the applicant's ability to finance the needed
improvements to provide for City water. We know that some of the homes in the subdivisioniare
having serious water quality/quantity problems, We do not know, ho}Vever, how many homes'are
affected or how many owners are going to seriously consider hook:ing up to a City water line,
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The applicant may not have the reso,urces necessary to complete the project engineering and finance
construction of the project. Staff proposes a two-year time limit for any water service agreement in
order to provid~ the homeowners sufficient time to organize themselves in a manner which would
pennit them to raise the funds necessary for construction.
Staff has analyzed the required findings relevant to the City's applicable water policies as follows:
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Sufficiency ofWataer and Water Treatment --
The 1995 Water Supply Availability Study included potential water demand from the existing
developed lots in West Buttennilk. Provided the applicant agrees to participate in a pro-rata cost
share of development of additional well capacity, as contained in the City's Asset Management Plan,
sufficient water is available to serve West Buttennilk.
Water Delivery Capacities and Service to Existing Customers __
The proposed system would provide for completion of a proposed looped distribution system from
Maroon Creek to the Airport Business Center. They system was originally proposed to be financed
by the City but was not completed because of a change in the City's water policies requiring
expansion of service to be financed by the developer, Completion of this segment will provide a
looped connection to the City's distribution main located in Highway 82. This will provide for
increased reliability of water delivery to existing customers in the Airport Business Center and
surrounding area.
Financial Impacts --
The water service application calls for the Homeowners to finance the water main extension, at an
estimated cost of $1,250,000 (1994 estimate). If the homeowners pay the cost of these required
improvements and each homeowner pays the applicable tap fees at the time of connection to the
City's system, there will be no adverse financial impacts to existing City customers,
The applicant, however, has requested that Council consider the application of a part or all of the tap
fees towards completion of improvements, This would not be consistent with City policy nor would
it be consistent to how similar 'agreements have been structured since adoption of Resolution No, 5,
Relationship to Environmental Goals --
Provision of water service will not adversely affect water quality or quantity or the city's policies with
respect to streamflow maintenance. The distribution system would follow existing roadways within
the subdivision, Connection to the water main located in Highway 82 would require a single segment
to follow in an already cleared utility easement.
Water Rates --
Service to West Buttennilk would be through both the Tiehack and Eagle Pines Pump Stations,
Because of the extensive amount of pumping required to' serve this area, it may be necessary to
establish a separate billing area with water rates desigl1led to recover these increased costs,
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Dedication of Water Rights --
The applicants to not propose to dedicate any water rights which could be used to serve the area,
The standard provisions of a Water Service Agreement requiring the payment of a fee in lieu of water
rights dedication would be required, The current fee is $1,000 per ECU (Equivalent Capacity Unit)
added to the system,
Adequacy of Treated Water Storage -- "
The Buttermilk Homeowners would be served by the Eagle Pines Tank, currently underC'lfnstruction,
Adequate storage and pumping capacity is available to meet both fire flow and peak water demands
from the proposed expanded service area.
Utilization of Raw Water --
The proposal indicates that the majority (75%) of homeowners will continue to use private wells as
the source of water for outside irrigation. The remaining homes would use treated water for bbth
domestic and irrigation purposes,
Annexation --
The applicants have agreed to the standard provisions regarding annexation, However, there is a
question regarding the legal ability of the Homeowners' Association to commit to a binding
annexation provision in the water service agreement.
Adequacy of Water Facilities --
Staff has reviewed the preliminary plans for serving the area. As indicated earlier, this was prepared
at a level necessary to determine the feasibility and cost of the water main extension. While the
facilities described are adequate to meet the City's Standards, any Water Service Agreement for this
area would be subject to submission and approval of detailed engineering plans and approval by ithe
Fire Department regarding fire hydrant placement and fire protection requirements.
AACP Consistency -- .
The area proposed to be served by the proposed water main extension is already subdivided but not
completely developed, Development of some remaining lots may be limited by the feasibility of
developing a reliable water supply.
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