Resolution 2007-06 - Laserfiche WebLink

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excess water rights, the City may require annexor to grant to the City a right of first refusal to purchase such excess water rights in the future. 9. The City reserves the right to require the payment of additional Water Resource Fees or other considerations for raw water acquisition from the owners of land requesting annexation when, in the reasonable judgment of the City, the development planned for such land will generate a higher water demand than the avemge water demand for developments within the City. Such determinations shall be made at the time of annexation, subdivision and P.U.D. approval. 10. The City may, in its discretion, determine that ground water wells or their appurtenant water rights may not be acceptable to the City for dedication or purchase, in which case the City would not provide any Raw Water Credits for such structures or water rights. The City also reserves the right to require that such wells and water rights be abandoned in connection with any request for annexation, development approval or water service, regardless of whether the wells and water rights are dedicated to the City. 11. All determinations provided fI)f herein shall be made by the City in the exercise of its reasonable judgment and shall be consistent with this policy. 12. All transfers of water rights to the City hereunder shall be by warranty deed or by assignment of the stock certificate, as appropriate. All transfers shall be free and clear of all liens, encumbrances and assessments (except those which the City in its discretion determines to accept) . All transfers shall also be accompanied by an attorney's title opinion or other assurances of title which shall be in form and substance acceptable to the City. 13. This policy may in the future be: modified from time to time by resolution of the City Council to reflect changes in the City's needs, current market conditions, and other appropriate factors. 14. If any portion of this resolution is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each part hereof irrespective of the fact that anyone part be declared invalid. 15. The repeal by this resolution of any provision of any resolution previously adopted by the City shall not release, extinguish, alter, modify, or change in whole or in part any liability which shall have been incurred under such provision, and each provision of such prior resolution shall be treated and held as still remaining in force fi)f the purpose of sustaining any and all proper actions, suits and proceedings for the enforcement of such liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits or proceedings. PASSED AND ADOPTEn this 16th day of January, 20 7. 3