City Council Agenda and Packet 1987 03 16

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annexation petition filed by the City of Louisville and initiating annexation proceedings for certain property and establishing a time for * public hearing to determine if the proposed annexation complies with statutory requirements.° The petition and resolution is • required step in the process of annexing the approximately 7.4 acre froward Berry site. The entire annexation, including right-of-way, includes a total of 11.23 acres. Mohr moved that Resolution#4 be approved and a public hearing be set for April 7, 1997. Anderson seconded. Unanimous. REQUEST TO REVISE SUPERIOR/LOUISVILLE WATER AGREEMENT Hundley explained that the Town of Superior submitted a letter to City Council requesting feedback on an amended water agreement drafted by the Town of Superior. Laura Balaton spoke to Council outlining the key changes: 1) The language in paragraph 1 of the existing (1992) agreement has been changed to allow Superior to hook up to the Louisville water system without the construction of a new facility northwest of Superior; 2) The threshold of 329 residential equivalent taps contained in paragraph 13 of the present agreement has been dropped. The Town proposes to have the option to buy up to 1300 taps (with an annual limit), after which time participation in plant expansion would be re- quired; 3) The Town Board felt that an annual cap of 75 taps was too low and now suggests 200. Also, the Board suggests that a portion of the annual allocation of taps could be "banked" from year to year with a 2S9 deposit; 4) The Board is reluctant to delineate a Service Area Excluding property east of McCaslin Boulevard raises the issue of Louisville serving any area south of U.S. 36 and may jeopardise reaching a water agreement altogether; 5) Language is included regarding the transfer of water rights to "buy down" tap fees for the initial 105 taps; 6) With regard to the provision on expanding the capacity of Louis- ville's water facilities, Superior is seeking an equity position in the portion of the expansion it underwrites, and also that the Town would own and maintain its own water rights which it brings to such an expansion; 7) Inasmuch as the system development foss and tap fees which Superior will be paying to Louisville include a percentage which is earmarked for Louisville's water acquisition program, Superior wants to delete the requirement 5