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HomeMy WebLinkAbout144-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 144-24 File Number: 2024-98 INTENT TO APPROVE EXTENSION OF WATER & SEWER SERVICE (RESOLUTION OF INTENT): A RESOLUTION TO EXPRESS THE CITY COUNCIL'S INTENTION TO APPROVE AN EXTENSION OF WATER AND SEWER SERVICE TO A PROPOSED DEVELOPMENT OUTSIDE OF THE CITY LIMITS AT 1011 SOUTH MALLY WAGNON ROAD AT THE OWNER/DEVELOPER'S EXPENSE WHEREAS, City staff was contacted by John McGowan about extending City of Fayetteville water and sewer services to a proposed development outside of the city at 1011 South Mally Wagnon Road; and WHEREAS, § 51.112 Water Service and Extension Policy of the City Code provides that the Utilities Director may extend water service outside of the City upon the agreement of the property owner to comply with all city ordinances and requirements; and WHEREAS, § 51.113 Sewer Service and Extension Policy of the City Code provides that sewer service may be extended outside the city only with the express approval of the City Council; and WHEREAS, Utilities staff has determined that the City likely has sufficient capacity to provide sewer service but upsizing of a water main near the property will probably be required to ensure fire flow capacities; and WHEREAS, City staff recommends that the property owner/developer provide documentation of the development's utility needs, the capacity of nearby water and sewer mains to serve the development, and the cost of any extension and upsizing necessary to provide utility services, and provide a proposed development agreement for the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intention to allow the property owner/developer, at its own expense, to extend water and sewer services to a proposed development outside the city at 1011 South Mally Wagnon Road. Section 2: That the City Council of the City of Fayetteville, Arkansas shall require the developer/property owner provides studies, estimates, or other documentation sufficient to establish the actual water and sewer needs of the property, the capacity of the system and any upsizing necessary to serve the development, the costs associated with the extension of these utility services to the development; and shall provide a proposed development agreement for the project demonstrating how the project will comply with the city's standards and requiring payment of all development impact fees. Page 1 Resolution: 144-24 File Number: 2024-98 PASSED and APPROVED on May 21, 2024 Approved: Attest: rT RE':9S��'i �O•��c.Fl�•,• • �•• •� / «EVILLE��_ Kara Paxton, City Clerk Treasure %�S •��''K>a ySP � J ��: G TON Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 21, 2024 TO: Mayor Jordan and City Council THRU: Blake Pennington, Assistant City Attorney FROM: Council Member Scott Berna SUBJECT: N/A RECOMMENDATION: CITY COUNCIL MEMO 2024-98 Council Member Berna is sponsoring a resolution to express the City Council's intention to approve an estension of water and sewer service to a proposed development outside city limits. BACKGROUND: § 51.112 Water Service and Extension Policy of the City Code provides that the Utilities Director may extend water service outside of the City upon the agreement of the property owner to comply with all city ordinances and requirements. § 51.113 Sewer Service and Extension Policy of the City Code provides that sewer service may be extended outside the city only with the express approval of the City Council. City staff recommends that the property owner/developer provide documentation of the development's utility needs, the capacity of nearby water and sewer mains to serve the development, and the cost of any extension and upsizing necessary to provide utility services, and provide a proposed development agreement for the project. DISCUSSION: Staff recommends that the City Council require the developer/property owner provides studies, estimates, or other documentation sufficient to establish the actual water and sewer needs of the property, the capacity of the system and any upsizing necessary to serve the development, the costs associated with the extension of these utility services to the development; and provide a proposed development agreement for the project demonstrating how the project will comply with the city's standards and requiring payment of all development impact fees. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: Agenda Request - Berna (#3) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-98 N/A A RESOLUTION TO EXPRESS THE CITY COUNCIL'S INTENTION TO APPROVE AN EXTENSION OF WATER AND SEWER SERVICE TO A PROPOSED DEVELOPMENT OUTSIDE OF THE CITY LIMITS AT 1011 SOUTH MALLY WAGNON ROAD AT THE OWNER/DEVELOPER'S EXPENSE WHEREAS, City staff was contacted by John McGowan about extending City of Fayetteville water and sewer services to a proposed development outside of the city at 1011 South Mally Wagnon Road; and WHEREAS, § 51.112 Water Service and Extension Policy of the City Code provides that the Utilities Director may extend water service outside of the City upon the agreement of the property owner to comply with all city ordinances and requirements; and WHEREAS, § 51.113 Sewer Service and Extension Policy of the City Code provides that sewer service may be extended outside the city only with the express approval of the City Council; and WHEREAS, Utilities staff has determined that the City likely has sufficient capacity to provide sewer service but upsizing of a water main near the property will probably be required to ensure fire flow capacities; and WHEREAS, City staff recommends that the property owner/developer provide documentation of the development's utility needs, the capacity of nearby water and sewer mains to serve the development, and the cost of any extension and upsizing necessary to provide utility services, and provide a proposed development agreement for the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intention to allow the property owner/developer, at its own expense, to extend water and sewer services to a proposed development outside the city at 1011 South Mally Wagnon Road. Section 2: That the City Council of the City of Fayetteville, Arkansas shall require the developer/property owner provides studies, estimates, or other documentation sufficient to establish the actual water and sewer needs of the property, the capacity of the system and any upsizing necessary to serve the development, the costs associated with the extension of these utility services to the development; and shall provide a proposed development agreement for the project demonstrating how Page 1 Resolution: 144-24 File Number: 2024-98 the project will comply with the city's standards and requiring payment of all development impact fees. Page 2 Civic Clerk Item No.: 2024- 98 AGENDA REQUEST FORM FOR: Council Meeting of May 21, 2024 FROM: Council Member Scott Berna ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO EXPRESS THE CITY COUNCIL'S INTENTION TO APPROVE AN EXTENSION OF WATER AND SEWER SERVICE TO A PROPOSED DEVELOPMENT OUTSIDE OF THE CITY LIMITS AT 1011 SOUTH MALLY WAGNON ROAD AT THE OWNER/DEVELOPER'S EXPENSE APPROVED FOR AGENDA: Scott Berna Cit Council Member Blake Pennington Senior Assistant City Attorney Approved as to form ,5 �7-7,0Z Date Date