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HomeMy WebLinkAboutResolution 2021-111 Designating the Lon Adams Sewer a Protected FacilityMARANA RESOLUTION NO. 2021-111 RELATING TO UTILITIES; DESIGNATING THE LON ADAMS SEWER A PROTECTED FACILITY AND ADOPTING THE LON ADAMS SEWER PROTECTED FACILITY CHARGES WHEREAS the Town of Marana will be constructing, with funding from its re- serves, certain sewer infrastructure improvements (the "Lon Adams Sewer') in accord- ance with the plans, specifications, and materials outlined and depicted in the "Lon Ad- ams Rd Reconstruction, Grier Rd To Barnett Rd Sewer System Modifications" plan, Plan No. S-2021-006, sealed by Kittelson & Associates on May 11, 2021 and approved by the Town of Marana Water Department on July 8, 2021 (the "Facility Plan"), which is on file in the office of the Town of Marana Water Department; and WHEREAS the following six property owners located along Lon Adams Road, whose property boundaries as currently constituted are depicted on the map entitled "Lon Adams Sewer Main Protected Facility Notification Area," which is attached as Ex- hibit A to this resolution, have expressed an immediate or future interest in connecting to the Lon Adams Sewer after paying a proportionate protected facility charge to the Town for construction of the sewer: (1) Corp. of Presiding Bishop of The Church of Jesus Christ of Latter Day Saints, parcel no. 217-37-0500 ("Parcel 217-37-0500"), (2) KMS CV 1 LLC, parcel no. 217-37-0520 ("Parcel 217-37-0520"), (3) Dennis & Peggy Page, parcel no. 217-37-510 ("Parcel 217-37-510"), (4) Alta Real Properties LLC, parcel no. 217-37-053B ("Parcel 217-37-05313"), (5) Cottonwood Crossing Professional Plaza LLC, parcel no. 217-37-053A ("Parcel 217-37-053A"), and (6) Arizona Conference Corp. of Seventh Day Adventists, parcel no. 217-37-0540 ("Parcel 217-37-0540"); and WHEREAS the Water Director has determined that these six properties are the only properties that are likely someday to be served by the Lon Adams Sewer; and 00075897.DOCX /s - 1 - 6/28/202112:54 PM WHEREAS Town staff has determined that the most practical and equitable way to calculate the protected facility charge for these six properties is proportionally, based on pipe distance and historical water usage; and WHEREAS thirty days' mailed notice has been provided to the six affected prop- erty owners; and WHEREAS the Mayor and Council of the Town of Marana find that designation of the Lon Adams Sewer as a protected facility and adoption of the Lon Adams Sewer protected facility charges will ensure fair -share reimbursement to the Town by property owners who use and benefit from the Lon Adams Sewer and that said designation and adoption are in the best interests of the Town of Marana and the public. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Pursuant to Marana Town Code Section 14-4-4, the Town Council of the Town of Marana hereby designates as a protected facility the Lon Adams Sewer, iden- tified in the Facility Plan. SECTION 2. Pursuant to Marana Town Code Section 14-4-4, the Town Council of the Town of Marana hereby adopts the following proportional Lon Adams Sewer pro- tected facility charges, which shall be paid prior to any service connection for any land use with a sewer connection that is served by the designated Lon Adams Sewer protected facility, as follows: (a) Parcel 217-37-0500: $62,210.10 (b) Parcel 217-37-0520: $7,809.89 (c) Parcel 217-37-510: $11,809.53 (d) Parcel 217-37-053B: $27,992.26 (e) Parcel 217-37-053A: $21,864.82 (f) Parcel 217-37-0540: $64,130.40 SECTION 3. The protected facility charges set forth in the Section 2 of this Resolu- tion are estimates based upon the estimated total construction cost of the Lon Adams Sewer. Final construction quantities and amounts will be provided after construction of the sewer is completed and the protected facility charges set forth in Section 2 are subject to amendment and revision once the final construction costs are known. 00075897.DOCX /3 - 2 - 6/28/202112:54 PM SECTION 4. Before any service connections are made, the person or entity seeking the service connection shall also pay to the Town the connection fees, the Wastewater Facilities Development Impact Fee, and any other fees required under Title 14 of the Ma- rana Town Code. SECTION 5. In the event that one or more of these properties, as currently depicted in Exhibit A, is the subject of a lot split, minor land division, subdivision, or other division of land, the property on which the sewer stub-out(s) is(are) located shall be responsible to pay the full proportional protected facility charge as set forth in Section 2 of this Reso- lution (in addition to the cost of any additional sewer stub -out), and the property owner paying the full charge may seek reimbursement from the other property owner(s) of the divided land, if any. Any impact fees related to extending sewer infrastructure to prop- erties subject to a lot split, minor land division, subdivision, or other division of land shall be paid at the time the divided property connects to the Lon Adams Sewer. SECTION 6. The Town of Marana Water Director is hereby authorized to admin- ister the collection of the Lon Adams Sewer protected facility charges. PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of August, 2021. ATT )An— Cherry L. awson, Town Clerk Mayor EdIkonea APPROVED AS TO FORM: Jane Fairall, Town Attorney ANA AZ 13 Ai ,_;SHED 1977 00075897.DOCx /3 - 3 - 6/28/202112:54 PM m m x � D r m O o � D E Q v 3'^ V' o cn CD n CD 8 � 10 ® O n (D Q -n 2) n %n A w nr o ,=t o 0 d 3 �• n w O_ os ao d Q° r b o -0 o o - n O- b r 00 (D ai an m n 1� nCL ._ rD 0° O m n Ott °D W D S o n w o N o v O r�D m O =r fl vN d d '< r a n Q 7 °) n N (D � N (D V 7 W o v N O F+ w V w V Ln n A m 0 N N y V l J C- ^� l r m 0 Z D D K m x � D r m O o � D E Q v 3'^ V' o cn CD n CD 8 � 10 ® O n (D Q -n 2) n %n A w nr o ,=t o 0 d 3 �• n w O_ os ao d Q° r b o -0 o o - n O- b r 00 (D ai an m n 1� nCL ._ rD 0° O m n Ott °D W D S o n w o N o v O r�D m O =r fl vN d d '< r a n Q 7 °) n N (D � N (D V 7 W o v N O F+ w V w V Ln n A m 0 N N y V