HomeMy WebLinkAbout 13-15 Setting Forth Policies Concerning Timing of Transfers of Raw WaterRESOLUTIONNO.'-i
A RESOLUTION SETTING FORTH CERTAIN POLICIES CONCERNING THE TIMING OF
TRANSFERS OF RAW WATER TO THE TOWN
WHEREAS, the Town of Firestone owns and operates a potable water supply system, and
requires that sufficient raw water be transferred to the Town in connection with the provision of
Town water service; and
WHEREAS, the ordinances of the Town and, in certain cases, applicable annexation
agreements set forth requirements for the transfer of raw water to the Town; and
WHEREAS, the Board of Trustees desires to establish policies regarding the timing of raw
water transfers that will promote efficient development within the Town, promote efficient
utilization of water and the Town water system, avoid speculative transfers of water, ensure the
proper administration of the Town's water activity enterprise, and ensure that there are no increased
burdens upon the Town or its citizens as a result of raw water transfers made in connection with
development occurring or to occur within the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO,
Section 1. The following sets forth the Town's policies with respect to the timing of
transfers of raw water to the Town, and raw water may be transferred to the Town prior to approval
of a Final Plat or Final Development only upon compliance with all of the following terms and
conditions:
A. The transfer shall be for the benefit of property wholly annexed to the Town and
for which a Preliminary Plat has been approved by the Board of Trustees.
B. All water transferred to the Town shall be whole shares of Colorado -Big
Thompson (CBT) project water, or such other water as the Town in its sole
discretion may accept.
C. The transfer shall be accompanied by an agreement between the Town and all
landowners of the property for which the transfer is made. The agreement shall:
a. Assign the water that is transferred to the Town to a specific, legally described
parcel of property that has an approved Preliminary Plat covering the entirety
of the property. After the transfer is made, the water transferred may not be
assigned to another property.
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b. Establish Firestone as the owner of the water being transferred.
c. Establish a "pool" from which the Town will administer the water, on a first
come first served basis, to meet the water dedication obligations for Final
Plats(for residential subdivisions) or Final Development Plans(for commercial
buildings) in the order they are approved.
D. The transfer amount shall not exceed 75% of the then current amount of water
that would be required for development of the proposed land uses and densities as
identified on the Preliminary Plat and Preliminary Development Plan. In the case
of commercial development, the transfer shall not exceed three (3) shares of CBT
project water, or such other water as the Town in its sole discretion may accept,
per gross acre of commercial development.
E. The Town's acceptance of such transfer shall not be construed to require the
Town approval of, or otherwise limit or impair the Town's authority with respect
to, any subdivision or other land development application for the parcel to which
the water is assigned. Further, acceptance of the transfer shall not limit or impair
the Town's ability to revise, amend, or change the water dedication requirements
for development applications between the time of the transfer and the time of
approval of a Final Plat or Final Development Plan for all or part of the parcel to
which the water is assigned.
F. The party requesting the Town accept the transfer shall be responsible for any
administrative, engineering, or planning costs or legal fees associated with the
processing of the transfer request, as well as any costs of administering the water
transferred to the Town that are incurred between the time of transfer and the time
the Final Plat or Final Development Plan dedication requirement is met.
G. As used herein, the term "person" shall include any "subdivider" and any
"person" as defined, respectively, in Sections 16.04.020 and 17.08.350 of the
Firestone Municipal Code.
Section 2. The policy set forth in this Resolution applies only to the dedication of raw
water to the Town and does not apply to payments of cash -in -lieu of dedication. All such payments
shall be made at the time of recording of the Final Plat or Final Development Plan for the property
served, unless the Town in its sole discretion approves payment at a later time, and shall be paid at
the rate in effect at the time payment is due.
Section 3. Each person requesting the Town accept an early transfer of raw water shall
make application therefor on a form provided by the Town Clerlc, and shall by execution of such
application acknowledge and agree to the terms and conditions set forth in this Resolution. No
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transfer of raw water shall be made until the application therefor, and any accompanying agreement,
has been approved and executed on behalf of the Town.
Section 4. Resolution No. 02-08 entitled "A Resolution Setting Forth Certain Policies
Concerning the Timing of Transfers of Raw Water to the Town" and adopted February 14, 2002 is
hereby repealed in its entirety.
INTRODUCED, READ, AND ADOPTED this day of
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ATTEST:
STY,
arissa Medina, Town Clerk Pro4em
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TOWN OF FIRESTONE, COLORADO
Paul Sorensen, Mayor ProAem