Town Council Regular Session


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  Item # E.       
Meeting Date: 05/18/2011  
Requested by: Mark Moore Submitted By: Mark Moore, Water
Department: Water  

Resolution No. (R)11-28 Authorizing and Approving a Line Extension Agreement for Construction of Protected Water Facilities Under Private Contract Between the Town of Oro Valley and Copper Canyon Development, LLC
Staff recommends approval.
This resolution is for the approval of a Protected Water Facilities Line Extension Agreement for the 12 inch portion of the water main extension that serves Sunset Canyon Estates Lots 1-21. Specifically, the Protected portion of this water plan is the 12 inch water main which was built in an easement adjacent to Vista Del Sol Road. The development is west of La Cholla and south of Tangerine.

The water facilities described in the agreement are transferred to the Town upon execution of the document. Copper Canyon Development, LLC will be reimbursed by adjacent property owners that are served by this pipeline. The Water Utility administers the agreement but does not pay for any construction costs and/or reimbursement.

The Resolution and the Protected Main LEA (with site map) are attached.
Pursuant to Town Code section 15-12-4, Copper Canyon Developement, LLC. may protect water mains they construct so that they will be reimbursed if a non-participating party wishes to connect to the water main within 10 years of the execution of the Protected Water Facilities Line Extension Agreement. The Water Utility administers the Protected Main Line Extension Agreement by collecting funds from adjacent property owners wishing to connect to the main described in the agreement and then disbursing those funds to Copper Canyon Development, LLC. The Water Utility does not and will not pay for any of the construction or reimbursement for this pipeline extension.

This property is located at Vista Del Sol and Tangerine. The property is already developed and the developer has installed this pipeline. This Protected Water Facilities Line Extension Agreement finalizes the required documentation to convey the pipeline to the Town and provide for the portion of the pipeline along Vista Del Sol road that would be protected.

The Line Extension Agreement (LEA) allows a developer to seek reimbursement for newly constructed pipelines or facilities. The LEA also provides for the transfer of those facilities to the Town through the Water Utility. This is a standard procedure for transferring assets to the Water Utility and common throughout the water industry. The LEA protects a developer for a ten-year period if a nearby property along the frontage where the pipeline is constructed connects to the pipeline. These agreements apply to both residential and commercial developments in essentially the same manner and in accordance with the Town Code.


I MOVE to (adopt, deny) Resolution No. (R)11-28, Authorizing and Approving a Line Extension Agreement for Construction of Protected Water Facilities Under Private Contract Between the Town of Oro Valley and Copper Canyon Development, LLC.
Reso 11-28


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