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HomeMy WebLinkAbout23-118 Repealing 2020 Resolution Establishing Cash Fee In Lieu of Water Rights Value for Parkand and Open Space Dedications 11-08-2023RESOLUTION NO. 23-118 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, REPEALING THE 2020 RESOLUTION ESTABLISHING A CASH FEE -IN -LIEU OF WATER RIGHTS VALUE FOR PARKLAND AND OPEN SPACE DEDICATIONS WHEREAS, the Town of Firestone ("Town"), pursuant to Section 13.08.010 of the Firestone Municipal Code ("Code"), allows residential subdividers or developers to pay a cash fee -in -lieu of dedicating water rights for parks and open space land dedications required under section 16.6.3 of the Firestone Development Code ('TDC"), and WHEREAS, the Board of Trustees finds and detertnines that Section 16.63, of the FDC does not require or mandate the Board establish a cash fee -in -lieu of water rights dedication value for parklands or open space lands separate and distinct from the rate for payments of cash-in-licu of water rights dedications in general pursuant to Sections 1.08.050 and 13.09.010 of the Code ("Code"): rather, the cash -in -lieu of water rights value established pursuant to these sections of the Code may serve as a more accurate accounting and estimate of the town's actual and estimated expenses to locate and acquire water rights necessary to adequately irrigate and seme the intended uses of the dedicated parklands and open space lands, and may apply to dedicated parklands or open space for which for the dedication of water is required pursuant to Section 16.6.3 ofthe FDC,- and WHEREAS, the Board of Trustees last established the cash -in -lieu of water rights dedication rate by Resolution 23-10 at $80,850.00 per unit of CBT water with an assumed yield of 0.6 acre-feet per CBT Unit-, and WHEREAS, the Board of Trustees desires for the cash -in -lieu of water rights value established in Resolution No. 23- 10 to serve as the cash -in -lieu of water rights value for purposes of Section 16.6.3 of the FDC, and further desires to repeat the cash-in-liett of water fights value for parklands and open space lands water dedications previously established in Resolution No. 20- 73. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTE'ES OF THE TOWN OF FIRESTONE, COLORADO: 'The cash -in -lieu of water fights, value established in Resolution No. 23-10, and all subsequent resolutions adopted by the Board of Trustees pursuant to Section 13 .08.0 10 of tile Code establishing a cash -in -lieu of water rights dedication rate, shall supersede and replace in its entirety the cash -in -lieu of water rights value for parklands and open space lands established in Resolution No. 20-73, t(.)r purposes of satisfying the water dedication requirements for parklands and open space lands set forth in Section 16.6-3i of the FDC. Upon adoption of this resolution, that aspect of Resolution No. 20-73 setting forth the cash lee -in -lieu of water rights dedication value for parks and open space land dedications shall be repeated, Section 7. This resolution shall take effect on January 1, 2024. INTRODUCED. READ AND ADOPTED this?day of NoyeM&a J_, 2023. Drew Alan Peterson, Mayor A ","ST- Kristi Bashor, Town Clerk