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HomeMy WebLinkAbout~Master - Water Territory Transfer Agreement for Ames Golf & Country Club and The Irons Subdivision RESOLUTION NO. 16-658 RESOLUTION APPROVING WATER TERRITORY TRANSFER AGREEMENT WITH XENIA RURAL WATER DISTRICT FOR AMES GOLF AND COUNTRY CLUB AND THE IRONS SUBDIVISION FOR THE CITY OF AMES WHEREAS, it is being requested of the City Council that it approve an agreement between the City of Ames and Xenia Rural Water District regarding the buy-out and transfer of rural water service territory for The Irons Subdivision and the Ames Golf and Country Club (AGCC); and, WHEREAS, the Irons Subdivision and AGCC are adjacent to the City and within the North Allowable Growth Area,but within the Rural Transitional Area of the Urban Fringe Plan, and, WHEREAS, the Council approved the preliminary plat on June 14, 2016, subsequently amended on September 13, to divide the AGCC property and allow for development of the Irons Subdivision; and, WHEREAS, in May 2014, the Council accepted the three covenants from the AGCC that bind it and subsequent owners to: 1) seek annexation at the time that the City chooses; 2) waive objections to assessments that may be imposed for future extensions of City services; and, 3) pay any fees associated with the buy-out of Xenia water service territory, and, WHEREAS, the developer seeks to complete the first step of Item No. 3 to allow for future water service by the City of Ames with the proposed agreement between the City and Xenia; and, WHEREAS, the golf course is currently served by Xenia Rural Water District and the entire golf course property is within the Xenia service territory; and, WHEREAS, an agreement between the City and Xenia has been prepared that allows the new development to be bought out of the Xenia service territory, allows any new homes to be served by Xenia until the area is annexed and City water is brought to the site, and ensures the future transition of those customers to City of Ames water; and, WHEREAS, the developer has a separate agreement with Xenia that contains the buy-out terms for The Irons, and upon final plat approval by the City, the developer shall pay $2,700 per residential unit to Xenia to buy out the water territory for those platted lots, but will continue to receive water service until such time as the City can provide service; and, WHEREAS, at the time of disconnection from Xenia, the developer or homeowner shall pay the costs of disconnecting from Xenia; and, WHEREAS, the agreement states that the existing customer, Ames Golf and Country Club, will remain within Xenia's service territory and remain a Xenia customer; and, WHEREAS, an additional agreement between the City and The Irons Subdivision will be needed at the time of final plat approval; this agreement will spell out the responsibility of the developer and subsequent owners for paying the costs of connecting to City water service when City water is brought to the site; and, WHEREAS, it will also address the costs of disconnection from the Advantek septic systems and connections to the City sanitary sewer system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the Agreement between the City of Ames and Xenia Rural Water District for the transfer of water service territory for the Ames Golf and Country Club and The Irons Subdivision is hereby approved, and to allow for continued water service until such time as the properties are annexed and City services are available to serve the properties is hereby further approved. ADOPTED THIS 15" day ofNovember, 2016. Afim4e X. Diane .-Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Gartin Seconded by: Corrieri Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin,Nelson, Orazem Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 151h day of November, 2016.