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HomeMy WebLinkAbout~Master - Approving the Private Water Main Agreement with Harvester Land Holdings, LC, and Dickson and Luann Jensen for Uses on the Seven Existing Lots RESOLUTION NO. 20-495 RESOLUTION APPROVING THE PRIVATE WATER MAIN AGREEMENT WITH HARVESTER LAND HOLDINGS, LC,AND DICKSON AND LUANN JENSEN FOR USES ON THE SEVEN EXISTING LOTS FOR THE CITY OF AMES,IOWA WHEREAS,beginning in the late 1990's,the City granted permission to rural water districts to provide service to land within two miles of the City's corporate boundary with the understanding that the right to provide service to those properties would revert to the City as growth occurred;and, WHEREAS,when such growth eventually occurred,Xenia did not allow the City to provide water service to that land unless major"buy-out"payments were made to Xenia, and this was true even when the land had been annexed into the City; and, WHEREAS,to resolve this issue and reserve the right to serve customers in areas adjacent to the City's corporate limits,the City Council adopted provision in Chapter 28 -Division II of the Municipal Code that allows for the City to deliver water service to land outside the corporate limits, but within two miles of the City; and, WHEREAS, this right to serve is provided in Iowa Code Section 357A.2, which provides that in responding to the rural water service requests, the City may waive its right to serve or may reserve the right to provide service; and, WHEREAS,the City must then provide water service within three years if the right to serve is retained; and, WHEREAS, where current City infrastructure is not present, a temporary water main may be extended to such areas and that temporary main would then be replaced with a larger main as adjacent property is incorporated into the City; and, WHEREAS,under Section 28.202 of the Municipal Code,the costs for temporary and future water infrastructure needed to serve such properties and any applicable permit/connection fees are the responsibility of the requesting property owner; and, WHEREAS, Harvester Land Holdings, LC, and Dickson and Luann Jensen, the owners of seven properties west of US 69 (South Duff Avenue) and outside of City limits, have requested permission to install a rural water connection off the City's public water main; and, WHEREAS,each private residential water service will be metered individually and charged the City's rural water rate fees; and, WHEREAS,the intent of this rural water connection is to initially serve three residences(two of which are under construction) and potentially additional future homes as those properties are developed; and, WHEREAS,City Council received a request to amend the Ames Urban Fringe Plan to Rural Residential for this same area,but was withdrawn by the applicant in June 2020, and a memo was received dated June 19, 2020, discussing options in which staff recommended the properties be annexed in accordance with future planning of the Ames Plan 2040,rather than support additional rural development; and, WHEREAS,it should be emphasized that approval of the requested rural water service is not indicative of any support for future subdivision and rural development beyond the use of each of existing seven lots while remaining in the County; and, WHEREAS, with multiple services, the rural connection will function as a private water main,but it will not be constructed to City standards; therefore, an Agreement has been created to address the following: 1. Operation,repair,and maintenance of a private water main(Owner's responsibility) 2. Compliance with applicable laws and regulations (Owner's responsibility) 3. Water flows, water pressures, and fire protection (City not responsible or liable) 4. Future annexations (Owner is responsible for installing a new public main) WHEREAS, the Agreement will protect the City from potential disputes over the above issues and allow the City to discontinue or disconnect water service if the owner fails to comply with the terms of the Agreement; and, WHEREAS, staff has received and reviewed construction plans for the private water main, but the construction of the private water main should not commence until the Agreement has been approved by City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the private Water Main Agreement with Harvester Land Holdings,LC,and Dickson and Luann Jensen for uses on the seven existing lots is hereby approved. ADOPTED THIS 8`' day of September, 2020. Diane R. Voss, City Clerk John A. Haila, Mayor Introduced by: Betcher Seconded by: Corrieri Voting aye: Betcher, Corrieri, Gartin, Junck, Martin Voting nay: None Absent: Beatty-Hansen Resolution declared adopted and signed by the Mayor this 8"day of September, 2020.