Resolution No. 100-05
A RESOLUTION RATIFYING THE PUBLIC FACILITIES CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN COLORADO HOMES & LIVING BY DESIGN, GRAND VALLEY IRRIGATION COMPANY AND THE CITY AND AUTHORIZING THE CITY MANAGER TO SIGN THE SAME OR SIMILAR AGREEMENTS WHEN THE SAME IS DETERMINED TO BE IN THE BEST INTEREST OF THE CITY
Recitals.
The Grand Valley Irrigation Company (“GVIC” or “Company”) is the owner of water rights and operator of a system of irrigation canals and related facilities located within the City and the County. The canals include the canal beds, banks, access roads and embankments, which collectively comprise the necessary structures for the delivery and containment of irrigation water by GVIC.
GVIC claims certain rights to the property over which the canals flow and the roads and embankments run. Colorado Homes & Living By Design LLC (“Colorado Homes” or “Developer”) owns real property north and east of the GVIC canal near 251/2 and G Roads.
As a condition of obtaining subdivision approval from the City (Community Development file number FP-2004-198 and VR-2004-269) Colorado Homes is required to install, repair and maintain a sanitary sewer line. That sewer line, which must cross under the canal, will, once constructed, connect the subdivision to the City sewer system.
GVIC informed Colorado Homes that it must obtain consent from GVIC in order construct, repair and maintain the sewer line that is necessary to serve the subdivision. By and through the attached agreement, GVIC grants its consent to the construction of the sewer.
Colorado Homes is ready, willing and able to construct the sewer and upon construction and final acceptance of the sewer by the City, the City will agree to be responsible for maintaining and repairing the sewer.
Following the canal breach that occurred in 2002 when a sewer line was installed in the canal near 26 and G Roads, GVIC has had reservations about the placement of this or any other sewer under, through or within the land area that it claims. Additionally, GVIC has had concerns about surface crossings and culverts. In early 2005 GVIC enjoined a developer desiring to construct a bridge across the canal.
The Company’s concerns about crossings include but are not limited to possible damage to the canal from construction but also possible impairment of historic operation and maintenance activities that may result from the sewer or other crossings. Accordingly GVIC has determined that it will not grant any developer permission to cross the canal absent the City agreeing to accept the operation and maintenance of the facility crossing the canal. The City understands those concerns but believes that they can be mitigated through careful and competent engineering, careful management and a cooperative approach by and between GVIC and the City. The agreement provides for that by creating an understanding about when operation and maintenance activities can be accomplished.
GVIC, as a condition of granting the Developer access to the canal, has required that the City indemnify it against negligence by the City in the conduct of operation, maintenance and repairs. By and through the attached agreement, the City does indemnify GVIC, as allowed by law, for the operation and maintenance by the City of the sewer to be constructed by the Developer.
Because of the continuing growth and development in the valley, the need for canal crossings for the use and benefit of that development is now more prevalent. Therefore, the City Council does authorize and direct the City Manager, in consultation with the City Attorney, to sign a crossing agreement, in substantially the same form as the attached, when the City Manager finds and determines that such an agreement is in the best interest of the City.
The City Council, having duly considered the proposed agreement between the Grand Valley Irrigation Company, Colorado Homes & Living by Design LLC and the City, does hereby ratify the signature of the President of the Council, Bruce Hill, and furthermore does authorize the City Manager to sign additional agreements as provided by this resolution.
It shall not be claimed or construed that the approval of this resolution constitutes approval, endorsement or agreement to the land use application by the Developer for the Arcadia North subdivision.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION, COLORADO:
That the City Council finds and determines that the attached agreement and the recitals of this resolution explaining and describing the agreement are in the public interest and further the interests of the City. Therefore the Council does ratify the signature of the Mayor affixed thereon.
PASSED, ADOPTED and SIGNED this 1st day of June 2005.
/s/: Bruce Hill
Bruce Hill, Mayor
Attest:
/s/: Stephanie Tuin
Stephanie Tuin
City Clerk
