HomeMy WebLinkAboutResolution - 11-28 - 5/18/2011 - Authorizing and approving a line extension agreement for construction of protected water facilities RESOLUTION NO. (R)11-28
A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA,
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
WHEREAS,the Town of Oro Valley is a municipal corporation within the State of Arizona and
is vested with all the rights, privileges and benefits and is entitled to the immunities and
exemptions granted to municipalities and political subdivisions under the laws of the State of
Arizona; and
WHEREAS, pursuant to A.R.S. § 9-511, et seq., the Town has the requisite statutory authority
to acquire, own and maintain a water utility for the benefit of the residents within and without the
Town's corporate boundaries; and
WHEREAS, Copper Canyon Development, LLC is the owner of property located in a portion of
Section 4, Township 12 South, Range 13 East; and
WHEREAS, pursuant to Oro Valley Town Code Section 15-12-3, the Town is authorized to
enter into Line Extension Agreements for construction of protected water facilities; and
WHEREAS, Copper Canyon Development, LLC desires to enter into a Line Extension
Agreement with the Town of Oro Valley for the construction of protected water facilities to
provide service to the project known as Sunset Canyon Estates,Lots 1-21, under private contract,
attached hereto as Exhibit"A" and incorporated herein by this reference; and
WHEREAS, the Line Extension Agreement for construction of the protected water facilities is
found to be mutually beneficial to both parties.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro
Valley, Arizona, that the Line Extension Agreement for construction of the protected water
facilities between the Town of Oro Valley and Copper Canyon Development, LLC, attached
hereto as Exhibit "A" and incorporated herein by this reference, is hereby authorized and
approved.
BE IT FURTHER RESOLVED that the Mayor, the Water Utility Director and any other
administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are
necessary to execute and implement the terms of the Line Extension Agreement.
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PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona, this 18th day of May, 2011.
TOWN OF ORO VALLEY
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6 r. Satish I. Hiremath, Mayor
ATTEST: APPROVED AS TO FORM:
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K. Bower, Town Clerk Tobin Rosen, Town Atto -
Date: --q/ /ii Date: It/L:aqi
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EXHIBIT "A"
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TOWN OF ORO VALLEY
LINE EXTENSION AGREEMENT
FOR CONSTRUCTION OF PROTECTED WATER FACILITIES
UNDER PRIVATE CONTRACT
THIS AGREEMENT, authorized by Chapter 15 of the Oro Valley Town Code is made and
entered into this 5. day of April, 2011, by and between the Town of Oro Valley (the "Town")
and Copper Canyon Development
(the"Applicant") for the construction of Protected Water Facilities.
RECITALS
WITNESSETH:
WHEREAS,the Applicant desires to install Protected Water Facilities to provide service to
the project to be known as Sunset Canyon Estates,Lots 1-21
located on the parcel of land legally described in Exhibit "A", hereinafter called the "Subject
Property;" and
WHEREAS, the Protected Water Facilities are a 12-inch water main adjacent to Vista Del
Sot Road, as outlined within Applicant's Water Facilities Construction cost estimate, attached
hereto as Exhibit "B", and incorporated herein by this reference. Exhibit "A" shall show the
approximate location of the Water Facilities easement; and
WHEREAS, the required plans, specifications, and materials for the Protected Water
Facilities have been approved by the Town; and
WHEREAS, the Applicant understands that the project under this Agreement is not
eligible for any credits against any impact fees established and collected by the Town for the cost
of constructing the necessary onsite and/or offsite water infrastructure necessary to provide
domestic and fire protection water services to the development. Impact fees are due and payable
at the time water meter(s)are purchased;and
WHEREAS, the Applicant desires that the Town take possession of, operate and service
the Protected Water Facilities;and
WHEREAS, the Town is willing to accept the Protected Water Facilities and permit them
to be connected to the Town Water System provided the Protected Water Facilities meet Town
standards and the work is done in accordance with Town requirements; and
WHEREAS, the estimated cost of the Water Facilities shall be seventy nine thousand five
hundred and sixty six dollars($79,566.00).
Now THEREFORE, in consideration of the matters and conditions set forth in this
Agreement, it is hereby agreed as follows:
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COVENANTS
DEFINITIONS,FOR THE PURPOSE OF THIS AGREEMENT ONLY
A. Service Connection means action taken by duly authorized Town personnel
resulting in actual delivery of water service to specific premises.
B. Water Facilities means those Water Facilities,OV Plan No.OV-12-05-31, to be
constructed under this Agreement for the purpose of providing water service and
fire protection to the Subject Property as outlined in Exhibit "A". The Water
Facilities shall be outlined within Applicant's Water Facilities Construction cost
estimate, attached hereto as Exhibit "B", and incorporated herein by this
reference. Exhibit "A" shall show the approximate location of the Water
Facilities easement.
C. Water Infrastructure means any and all permanent or semi-permanent machinery,
equipment, water pipes and water mains installed for the purpose of facilitating
the delivery of water to customers of Oro Valley's Water Utility.
D. Protected Facility means any water facility installed by private contract in such a
manner as to provide water service to any property adjacent to the water facility
that did not participate in the costs of the facility
E. Final Acceptance means that all construction has been completed and inspected,
and that all requirements to complete and sign off on this Agreement shall be
satisfied pursuant to the Final Acceptance of the Water Facilities, attached hereto
as Exhibit "F", and signed by both parties. Once the project is complete,
Applicant shall submit a signed copy of Exhibit"F"within thirty(30)days to the
Water Utility.
II. GENERAL
A. Upon approval by the Town and at Applicant's own expense, Applicant shall
design, and upon approval by the Town, install,at Applicant's own expense, the
Protected Water Facilities as set forth in the Water Facilities Construction Plan,
Oro Valley Plan No. OV-12-05-31, a true and correct copy of which is on file
with the Oro Valley Water Utility. By this reference, the Protected Water
Facilities shall collectively refer to those facilities set forth in Oro Valley Plan No.
OV-12-05-31.
B. Calculation for Construction of Facilities - this calculation shall be based on
current construction costs. The calculation for construction of any protected
facilities shall be determined by the Utility Director based on the specific facility
and the benefit realized by non-participating parties.
C. Water Facilities shall be constructed by a contractor properly licensed by the State
of Arizona and all proper governmental authorities for the type of work specified.
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D. Before any service connections are made to the Protected Water Facilities or the
Town's water system, all fees which are then due shall be paid to the Town
pursuant to this Agreement.
E. No water meter shall be sold and/or installed until the following have been met:
1. A "Certificate of Approval of Construction"has been issued by Pima County
Department of Environmental Quality and received by the Oro Valley Water
Utility.
2. The Water Facilities as set for in the Water Facilities Construction Plan, Oro
Valley Plan No. OV-12-05-31 have been connected to the existing water
system.
3. A building permit has been issued by the Town of Oro Valley, Pima County,
or any other appropriate jurisdictional agency.
4. Development impact fees, meter fees, plan review fees and inspection fees
have been paid in full.
F. Once the provision of Section II.(E)(2)has been satisfied,the Town of Oro Valley
Water Utility shall be the sole entity to operate and maintain the system as set
forth in the Water Facilities Construction Plan, Oro Valley Plan No. OV-12-05-
31. The Applicant shall be responsible for any and all construction activities
including, but not limited to, Blue Staking until the project has been finally
accepted per Exhibit "F" herein. Until the project is finally accepted in
accordance with Exhibit"F", the Applicant shall be responsible for repairing any
leaks and/or damages to the existing system stemming from the work performed
by the Applicant on the Water Facilities as set forth in the Water Facilities
Construction Plan,Oro Valley Plan No.OV-12-05-31. In the event the Applicant
does not perform the repair work for any leaks and/or damages, the Water Utility
shall make the repairs and the Applicant shall be responsible for all costs incurred
for the repairs by the Water Utility.
G. The amount of the Assurances required for the Water Facilities to be constructed
under this Agreement and specified in Chapter 26, Section 26.6 of the Oro Valley
Town Code shall remain in affect throughout the two(2)year warranty period and
will not be released by the Town until after the warranty period.
III. APPLICABLE FEES
The Town will require certain applicable fees and charges to be paid pursuant to Oro
Valley Town Code Chapter 15 and other applicable Arizona State law as amended from time to
time, prior to providing water service under this Agreement. The Town will take all of the
necessary and legal steps to protect its interest, including refusal to provide water service, if
Applicant fails to pay fees when due.
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IV. ENGINEERING AND INSPECTION
A. Applicant shall employ a Civil Engineer registered in the State of Arizona to
design the system and implement the design. Applicant will ensure that an
Engineer's Certificate of Completion, for the purpose of obtaining an Approval of
Construction from the Pima County Department of Environmental Quality, are
both completed for the project prior to any water being delivered through the
improvements. Title 18, Environmental Quality, Chapter 4, Department of
Environmental Quality, Safe Drinking Water.
B. Any inspector authorized by the Town shall have full inspection authority over
the work to be performed under this Agreement. The Applicant shall furnish the
Town Inspector with reasonable access to the Water Facilities for obtaining full
information concerning the work. The work shall be subject to Town inspection
at all times. Defective work shall be corrected in a manner satisfactory to the
Town Inspector. Inspection by the Town does not guarantee the safety or
engineering soundness of plans prepared by the Applicant's engineer.
C. In the event that Applicant requests and the Town elects to provide a Town
Inspection outside of the normal 40 hours in a work period, or on a Saturday,
Sunday or legal holiday as defined in Arizona Revised Statutes, Title 1, the
Applicant shall compensate the Town for any additional salaries, expenses or
employee benefits relating to such overtime or holiday work. Additional
inspection costs will be billed to the Applicant. A normal work period shall be
defined as 40 hours in a seven(7) day work week,usually worked on an eight(8)
hour day, five (5) day basis, commencing on Monday and ending on Friday,
continuing in seven (7) day increments. Nothing in this paragraph shall require
the Town to provide inspection on weekends and holidays. If the Town declines
to provide inspection on weekends and holidays, Applicant shall not have a right
to damages against the Town as the result of Town's decision not to perform such
weekend and holiday inspections.
V. PRE-CONSTRUCTION AND CONSTRUCTION PROCEDURE
A. The Applicant shall submit a written request to begin construction of the
Protected Water Facilities to the Town within five (5) working days prior to the
time work is to commence.
B. No work shall commence until the Town has issued a Notice to Proceed which
will specify the starting date and a reasonable time for completion.
C. Applicant shall provide Town with an accurate,written schedule of construction,
which shall be updated in a manner sufficient to provide Town the ability to
schedule Town inspection personnel.
D. Applicant shall submit material certification at the pre-construction meeting.
Materials used in the construction shall be available for sampling and testing prior
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to being used in construction of the Protected Water Facilities. Materials that fail
to meet Town specifications shall not be used in construction of the Protected
Water Facilities as outlined in Exhibit"B".
E. The Applicant shall, at Applicant's expense, obtain all necessary permits and
licenses for work permitted herein, pay all fees and comply with all laws,
ordinances and regulations relating to the work, public health and safety of
Applicant's Contractors and employees.
F. The Applicant/Contractor shall apply to the Town for a construction water
service. All construction water will be metered with an appropriate size water
meter and back-flow prevention device. The Town shall install the water meter
and backflow device.
G. The work shall commence within five (5) days of the date specified in the Notice
to Proceed.
H. The Applicant, or Applicant's designated agent, shall be present at all times
during performance of the work. The name of the designated agent and the
contractor performing the work shall be furnished to the Town before
commencement of the work. Instructions given to the designated agent on the
work site shall be deemed to have been given to the Applicant.
I. The Applicant shall employ only competent and efficient laborers, mechanics or
artisans on the project and the Applicant agrees to perform the work diligently to
complete the work on or before the completion date given in the Notice to
Proceed.
J. The Applicant shall identify and locate all water valves prior to paving, and set
valve boxes to final grade after paving.
K. The Applicant shall, at Applicant's expense, make any and all alterations to the
existing water system, either on-site or off-site,necessitated by paving, drainage
or other improvements caused by the development.
L. The Applicant shall require all contractors and/or subcontractors to comply with
all safety requirements of the Occupational Safety and Health Act as may be
amended and as implemented by the State of Arizona. The Applicant or
Applicant's contractor shall be solely responsible for all fines or other penalties
provided for by law for any violations of the Act.
M. In accordance with the Oro Valley Town Code and policies relating to the
operation of domestic water utility companies, a true and complete copy of the
Certificate of Approval to Construct the work issued by the Arizona Department
of Environmental Quality or the Pima County Department of Environmental
Quality is attached as Exhibit"C",and incorporated herein by this reference.
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VI. DESIGNATION AS A PROTECTED FACILITY
Protected Water Facilities shall be designated,and the cost calculated and refunded to
Applicant,pursuant to Chapter 15 of the Oro Valley Town Code as may be amended from time
to time, attached as Exhibit D,and incorporated herein by this reference.
VII. DEDICATION
A. The Applicant grants,bargains, sells,conveys,transfers and delivers the Protected
Water Facilities as described in Exhibit "A" to the Town free and clear of all
liens, claims, charges or encumbrances by the time of acceptance of the Protected
Water Facilities by the Town.
B. The Applicant agrees that the project under this Agreement is not eligible for any
credits against any impact fees established and collected by the Town for the cost
of constructing the necessary onsite and/or offsite water infrastructure necessary
to provide domestic and fire protection water services to the development. Impact
fees are due and payable at the time water meter(s)are purchased.
C. The Water Facilities to be dedicated to the Town shall have an easement
extending a minimum of 75 feet on either side of the center of,and the full length
of,the constructed water utility line.
D. The Applicant guarantees the Protected Water Facilities to be free from all
failures and/or defects due to workmanship and or materials for a period of two
(2)years from the Town's final acceptance date.
E. The Applicant shall not construct any utility, building or other improvement that
would interfere with the operation or maintenance of the Town's Protected Water
Facilities.
F. The Applicant further guarantees that all service lines, meters and meter boxes
will be to finish grade and the Applicant will remain responsible for
raising/lowering of said services as required until the area described has been
accepted as complete by the Town.
G. Upon issuance of the certificate for "Approval of Construction" from Pima
County Department of Environmental Quality(ADEQ) and after final acceptance
of the Water Facilities is granted by the Town, attached hereto as Exhibit"F",the
Town's Water Utility shall begin to operate and maintain the Water Facilities.
The Town shall accept title to and take possession of the Water Facilities
described in Exhibit"A"at such time that they are connected to the existing Town
Water Facility.
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H. The Parties agree that all requirements to complete and sign off on this LEA shall
be satisfied pursuant to the Final Acceptance of Water Facilities, attached hereto
as Exhibit"F", and signed by both Parties before the two(2)year warranty period
shall begin.
I. The amount of the Assurances required for the Water Facilities to be constructed
under this Agreement and specified in Chapter 26, Section 26.6 of the Oro Valley
Town Code shall remain in affect throughout the two(2)year warranty period and
will not be released by the Town until after the warranty period.
VIII. INDEMNIFICATION
Applicant agrees to indemnify, defend and hold the Town, its Mayor and Council, the
Town Water Utility Director, appointed boards and commissions, officials, officers, employees
and the Town's insurance carriers,individually and collectively,harmless from all losses,claims,
suits, demands, expenses, subrogations, attorney's fees, or actions of any nature resulting from
the actions of Applicant or Applicant's contractor or any subcontractor employed by Applicant
(including bodily injury and death)or damages to any property or any other losses,claims,suits,
demands, and/or expenses, arising or alleged to have arisen out of the work to be performed,
except any such injury or damages arising out of the sole negligence of the Town, its officers,
agents or employees. The amount and type of insurance coverage carried by Applicant will in no
way be construed as limiting the scope of indemnity in this paragraph.
IX. ACCURACY OF THE RECITALS
The parties hereby acknowledge the accuracy of the Recitals, which are incorporated
herein by this reference.
X. NOTICES
All notices and communications required by this Agreement shall be in writing and shall
be given by personal delivery or mailed first class, registered or certified mail, postage prepaid,
and shall be deemed received upon the earlier of actual delivery or one hundred twenty (120)
hours after deposit in the United States Mail. Such notices and communications should be sent
to the following designated representatives of the undersigned parties:
If to the APPLICANT: Copper Canyon Development
12715 N.Vistoso Point Dr.
Oro Valley,AZ 85755
Attn.Greg Sansbury
If to TOWN OF ORO VALLEY: Water Utility Director
Town of Oro Valley
11000 North La Canada Drive
Oro Valley,Arizona 85737-7016
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CC: Town Attorney
Town of Oro Valley
11000 North La Cafiada Drive
Oro Valley,Arizona 85737-7016
XI. ATTORNEY FEES
Should the Town bring any legal or equitable action for the purpose of protecting or
enforcing its rights under this Agreement, the Town shall recover in addition to all other relief,
its reasonable attorney fees and court costs to be fixed by the court.
XIII. CANCELLATION
Under A.R.S. Section 38-511,as amended,the Town may cancel any contract it is a party
to within three (3) years after its execution without penalty or further obligation if any person
significantly involved in initiating, negotiating, securing, drafting, or creating the contract on
behalf of the Town is, at any time while the contract or any extension thereof is in effect, an
employee or agent of any other party to the contract in any capacity or a consultant to any other
party to the contract with respect to the subject matter of the contract. In the event the Town
elects to exercise its rights under A.R.S. Section 38-511, as amended, the Town agrees to
immediately give notice to Applicant.
XIV. COMPLIANCE WITH ALL LAWS
The parties to this Agreement shall comply with all federal, state and local laws, rules,
regulations, standards and Executive Orders, without limitation to those designated within this
Agreement. The laws and regulations of the State of Arizona shall govern the rights of the
parties,the performance of this Agreement and any disputes thereunder.
XV. SEVERABILITY
If any provision of this Agreement or the application thereof to any person or
circumstance shall be held by a court to be unenforceable to any extent, the remainder of this
Agreement and the application thereof shall not be affected and shall be enforceable to the fullest
extent permitted by law.
XVI. AMENDMENT
This Agreement shall not be amended except by written instrument mutually agreed upon
and executed by the parties.
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XVII. LEGAL JURISDICTION
Jurisdiction for any legal dispute stemming from the performance of the terms of this
Agreement shall be limited to courts of competent jurisdiction within Pima County, Arizona.
This clause in no way limits the option of the parties' to resolve potential disputes through
alternative dispute resolution methods.
XVIII. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the successors and assigns of each of the parties
hereto. No assignment shall relieve either party of its obligations except an assignment by
Applicant in connection with the transfer of title to property to the Town. Such transfer shall
relieve Applicant of its obligations provided such transferee agrees to be fully bound by the
provisions hereof.
This Agreement shall be binding upon and inure to the benefit of the heirs, executors,
administrators, successors and assigns of the parties and Applicant may not assign this
Agreement without prior written consent of the Town.
XIX. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the
matters covered by it and supersedes any prior understanding or agreements,oral or written,with
respect thereto. The parties shall not be bound by any understanding, agreement, promise or
representation,whether expressed or implied,which is not specified in this Agreement.
IN WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be
executed by its proper officers hereunto duly authorized, and the Town has caused this
instrument to be executed by its proper officers thereunto duly authorized, all as of this day and
year first above written.
"TOWN"
TOWN OF ORO VALLEY
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Phillip C. Sal ,Water Utility irec or
ATTEST: APPROVED AS TO FORM:
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J Pre K. Bower,Town Clerk Tobin Rosen,Town--
Date: ..507Li/il Date: t'1 1-7A, 1^.
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"APPLICANT"
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by lr .r , -ri k S. r who is known to me or has satisfactorily been
identified a the pP c tteu- for the Applicant, and is a duly authorized
agent to sign on behalf of r Ca,11(1,t pe 2.(, - - in which
to bind and obligate the Applicant.
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EXHIBITS TO LINE EXTENSION AGREEMENT
A Legal description of the Subject Property
E Water Facilities Cost Estimate
C Certificate of Approval to Construct
D. Chapter 15,Article 15-12-4 of the Oro Valley Town Code
E. Protected Facilities Schedule
F. Final Acceptance of Water Facilities
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EXHIBIT"A"
LEGAL DESCRIPTION/MAP OF SUBJECT PROPERTY
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LEGEND
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EXHIBIT"B"
WATER FACILITIES COST ESTIMATE
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EXHIBIT"C"
CERTIFICATE OF APPROVAL TO CONSTRUCT
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PIMA COUNTY DEPARTMENT OF ENVIRONMENTAL QUALITY
TECHNICAL SERVICES DIVISION
150 West Congress, 1st Floor,Tucson, Arizona 85701-1317
Telephone: 740-3340
CERTIFICATE OF APPROVAL TO CONSTRUCT
Water Facilities
System Name: ORO VALLEY WATER_UTILITY System No.: 10 164 _
Project Owner: TOWN OF ORO VALLEY WATER UTILITY,ENGINEERING DEPARTMENT
Address: 11000 N.LA CANADA BLVD.,ORO VALLEY,ARIZONA 85737 �.
Project Location:T-12-S, R-13-E, SECTION 4 County: Pima
Description: WATER EXTENSION TO SERVE SUNSET CANYON ESTATES,LOTS 1-21
Approval to construct the above, described facilities as represented in the approved plan on file with the Pima County
Department of Environmental Quality is hereby given subject to the following provisions:
AFTER COMPLETION OF CONSTRUCTION,A PROFESSIONAL ENGINEER,REGISTERED
IN THE STATE OF ARIZONA SHALL COMPLETE A FINAL INSPECTION AND SUBMIT AN
ENGINEER'S CERTIFICATE OF COMPLETION,ACCURATE"AS BUILT"PLANS,PRESSURE
TEST RESULTS,CHLORINATION RESULTS AND MICROBIOLOGICAL TESTING RESULTS
TO PIMA COUNTY DEPARTMENT OF ENVIRONMENTAL QUALITY IN ORDER TO OBTAIN
AN APPROVAL OF CONSTRUCTION. THOSE PLANS MUST BE CLEAR BLUELINE PRINTS
SUITABLE FOR MICROFILMING AND SHALL CLEARLY AND ADEQUATELY REPRESENT
THE FACILITIES AS THEY ARE CONSTRUCTED.
THE DEPARTMENT WILL NOT ISSUE THE APPROVAL OF CONSTRUCTION FOR THIS
PROJECT UNTIL THE CERTIFICATE OF APPROVAL OF CONSTRUCTION FOR THE
PROJECT"WATER EXTENSION TO SERVE SUNSET CANYON ESTATES",PDEQ PROJECT
NO. P024207,HAS BEEN ISSUED BY PDEQ.
The State law,A.R.S.49-3 53,requires that construction of the project must be in accordance with the rules and regulations of
the Arizona Department of Environmental Quality.
If this project includes trenching, land stripping, earthmoving or road construction..aanair qualiactivity perm may be
required pursuant to P=C. C.T
_ itle l 7.12.470. For inquires,regaardingair_quali y activity perm please call 740-3957.
If construction has not started within one year of the date of this issue,this certificate will be void and a written extension of
time shall be required within 90 days of the expiration of this approval.
Date Approved: May 1,2007 ,�� E 7:'- URSULA KRAIER,
/. a•• DIRECTOR
R
01 .w
: •� David Amash,P.E.
Civil Engineer
cc: P-File No.P043706 .
P-ADEQ,SRO
ACC By:
3P-Oro Valley Water Utility(OV12-05-3 I) Paul Strobak
Engineer-MMLA PSOMAS Civil Engineering Assistant
G:1Water\Water-Sewer Plan ReviewlApprovals106plans\P043706.wtr,doc
EXHBIIT"D"
CHAPTER 15,ARTICL 1542-4 OF THE ORO VALLEY TOWN CODE
F:WatQ tlaity commas 1.1..Vs?fH 1'Sun id t'arnw►ii.1ata,Luo,1-21 di
,Article 15-12 CONSTRUCTION OF FACILITIES OTHER THAN BY TOWNe 2
Pagof 3
15-12.4 Construction Agreements; Protected Facilities
The general policy of the Town regarding extension of the waters tem throughprivate is
that all costs associated with construction of � g contracts
water system facilities needed to serve a new customer,shall
be paid by that customer. However, in some cases facilities are installed in such a manner as torovide
water service to a propertyP
that did not participate In the original installation of the facility, therefore,the
participating party may be eligible for a refund of a portion of the construction costs through the collection
of a protected facilities fee levied against all non-participating9
g applicants for service.from the facility.
A. fi i'ons.
Agreement (or) Protected Facility Agreement: that portion of the "Agreement for Construction of
Water Facilities Under Private Contract" facilityg
pertaining to the protected program.
Fees (or) Protected Facility Charges: those charges levied on a non-participating applicant for water
service from a connection onto a protectedfacility. P 9 Ap
Non-Participating Party:applicants for water service from the protected facility that did notrtici ate
Installation costs.
the actual facilityp
Participating Party: any property owner sharing in the construction costs of water facility
designated as a protected facility. installation
Note: When an applicant requests a protected facility, all properties
owned by the applicant that could be served by the new facility will be considered participating parties.
Protected Facility:any water facilityinstalled byprivateP 9
contract in such amanner as to provide water
service to any property adjacent to the water facility that did not participate in the costs of the facility.
Refunds: reimbursement of construction o costs on protected facilities from the collection of Protected
Facility Charges.
B. Policy,Any extension of the Town's water distribution system,installed by private contract,that may
potentially provide water service to properties which have not participated ated sn the installation costs,will l be
designated as a "protected facility.*�Whenever a water facility is installed as a protected facility,
the policy of the Town to refund a It will be
portion on of the construction costs to the party that financed the original
water facility installation through the collection of a protected facility fee, levied against all non-
participating applicants for service from the facility. The rate of this fee will be set at fifty percent(50%)of
the current installation cost for the mini um
m size facility installatcon, based on the lineal footage of the
nonparticipating property fronting the protected facility. This agreement will remain in effect until either
. the full sum, less the participating parties' pro-rata share, has been refunded or for a period of ten (1 0)
yearsfrom the effective date of the agreement.9 ement. Any balances remaining unpaid after this time shall-be
Considered cancelled, and the Town shall be fully discharged from any further obligation under the
agreement.
C. Fe Calculpt,2: An illustration of the fee calculation is as follows: if the average cost for
construction of a six (6) inch water line in an undeveloped area is fifteen dollars ($15.00) per lineal foot,
• the protected facility fee would be seven dollars and fifty cents (47.50) per lineal foot of frontage to the
main.This fee will be calculated based on current construction g
costs. The fee for other protected facilities
will be determined by the Utility Director based on the specific facility and the benefit realized bynon-
participating parties.
D. Pfcmodorm
1. Designation of water facilities as protected.
a. The Utility Director will have the responsibility of determining whether a facility should be
classified as protected based on a review of the plans.
b. The Utility Administrator will then initiate the''Agreement for Construction of Water Facilities
Under Private Contracr indicating that portion, if any, of the facility installation relevant to therotected
facility section of the agreement. 1'
c. The Utility Director will be responsible for ensuring that all participating properties are noted
on the plans and that the plans clearly indicate all protected facilities.
d. The Utility Director will calculate the total refund due based on the length of pipeline
specified as protected facilities on the plans and current construction costs.
2. Refunds from non-participating connections to protected facilities.
a. Upon completion and acceptance of the water facilities installed pursuant to a protected
facility agreement, the participating party may be eligible for refund of that portion of the cost that is not
directly attributable to providing water service solely to participating properties.
b. When application is received by the Town for a water service or water main connection to a
protected facility by a non-participating property benefiting from the facility, the Town will collect the
appropriate fees. These sums, or portions thereof, shall be refunded to the,participating party ap ro-rata
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•
Article 15-12 CONSTRUCTION OF FACILITIES OTHER THAN BY TOWN • Page 3 of 3
share of the refundable portion of the cost of the facility based upon.the las-built" plans of the
protected facility installed.
c. In no event will the aggregate amount refunded exceed the full, authorized refundable
portion of the cost of the water facility installed. In the event the full authorized amount has not been
refunded within ten (10) years from the date of the agreement, any balances remaining unpaid shall be
considered cancelled, and the Town shall be fully discharged from any further obligations under the
agreement
d. The Town will maintain an accounting record of each protected facility agreement. Within
this record,all protected facility payments and refunds will be monitored and logged. Protected facilities
fees will continue to be collected until either the total refund amount has been collected or for a period of
ten(1 g)years from the effective date of the agreement.
e. Waiver of protected facility fees can only be granted by the party that originally financed the
installation of the protected facility. The Town will require a notarized letter granting the waiver prior to
waiving the fee.
3. Collection of protected facility fees from nonparticipating properties.
a. As early in the platting and/or plan review process as is practical, the Town Engineer will
inform non-participating applicants for service that a protected facility fee is required, whenever their
property has frontage on a protected facility and their plans call for service and/or water main connections
to that facility.
b. At the time of plan approval, an estimate of the applicable protected facility fee will be
calculated based on the current front footage fee. Payment of this fee will be required prior to installation
of meters.
(98-28.Added,07/1511998)
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EXHIBIT"E"
PROTECTED FACILITIES SCHEDULE
F:Kaki I'NU1}c:antra b LE V 201 I Sun.Caw=Istaks.Lola 1-21.da:
Exhibit "E"
The reimbursement schedule for non-participating parties shall be calculated by the
following formula.
$79,566.00 divided by 960 feet of 12 inch pipe installed(plus appurtances)=$82.88/ft
$82.88 per linear foot of frontage(non--participating property frontage)divided by 2
(50%per Town Code 15-12-4)=reimbursement amount.
EXHIBIT"F"
FINAL ACCEPTANCE OF JAPROTECTED WATER FACILITIES
Applicant requests final acceptance of the Protected Water Facilities for the Project known
as Sunset Canyon Estates,Lots 1-21
and certifies that all of the items listed below are complete.
COMPLETED
Compaction test results have been completed and approved by the
r---/<
Town.
1-7( All Water-related fees including inspection and testing fees have been paid.
71/ Any construction deficiencies have been corrected.
Erl Post-paving continuity tests have been submitted and approved by the Town.
1-7( Any and all easements required for the Protected Water Facilities have been
recorded in the Pima County,Arizona Recorders Office.
"APPLICANT"
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By:
l'Aff
Its: P r s 14," 1--
Date: 9 - 1 e -!f
STATE OF cAR 2sv'- - )
)ss.
COUNTY OF (-) L A_ ' )
r..,4t,,,
SUBSCRIBED pID SWORN to before me this C: day of"krir \ , o__, , by
)O _s I- who is known to me or has satisfactorily been
identi zed : the e,,i , '- for th9 Applicant, and is a duly authorized
agent to sign on behalf ofinireMIL.,,,, ;IA t' - ',akin which to bind and obligate
g
the Applicant. 1
! )(1.4,t
a J iyie 1--____
Ire tary Public
My Commission Expires: 5 t S ( 1 (
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TOWN OF ORO VALLEY
The Town grants final acceptance of the Water Facilities for the Project known as
Sunset Can on Estates L s t 1-21
and the two-year warranty period shall begin on .,20,01..
cc -2)/4
ff
Philip C. Saletta, .,Water tility Director
ATTEST:
41111
4171C.1C.Bower,Town Clerk
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