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HomeMy WebLinkAbout2002-08-05 WUCFD MINUTESWATER UTILITIES COMMUNITY FACILITIES DISTRICT (APACHE JUNCTION WATER COMPANY) CITY OF APACHE JUNCTION,ARIZONA REGULAR MEETING AUGUST 5,2002 The regular meeting of the District Board of the Water Utilities Community Facilities District (Apache Junction Water Company),City of Apache Junction,Arizona,was held on August 5,2002,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Chairperson Coleman called the meeting to order at 6:00 p.m. ROLL CALL Board Members Present:Chairperson Douglas Coleman Vice Chairperson Anne Surra Mr.Rick Dietz Mr.Joe Durbala Mr.R.E.Eck Mr.Brian Milkey Ms.Carol Urich Staff Present:Interim District Manager George Hoffman Kathleen Connelly,District Clerk Keith Lewis,District Treasurer Doug Dobson,District Operations Manager John White,District Accountant Bill Farrell,District Counsel Others Present:None. APPROVAL OF MINUTES OF JULY 15,2002 )Ms.Urich MOVED THAT THE MINUTES OF JULY 15,2002,BE APPROVED. Mr.Dietz SECONDED THE MOTION. Water Utilities Community Facilities District Meeting Minutes of August 5,2002 Page 1 of 6 VOTE:Unanimous. The motion carried. CONSIDERATION OF AGREEMENT BETWEEN WATER UTILITIES COMMUNITY FACILITIES DISTRICT (WUCFD/APACHE JUNCTION WATER COMPANY)AND THE CITY OF MESA AND ARIZONA WATER COMPANY FOR TREATMENT AND DELIVERY OF CENTRAL ARIZONA PROJECT WATER TO ALSO INCLUDE ONE- TIME CHARGES FOR CAPITAL IMPROVEMENTS NECESSARY TO IMPLEMENT THE AGREEMENT IN THE TOTAL AMOUNT OF $36,552.00 FOR SUCH CAPITAL COSTS )District Counsel Bill Farrell briefed the board on the item.He stated the agreement calls for the Central Arizona Project Water to come out of the canal at Mesa,Mesa will treat it, then turn on a valve connected to the Arizona Water Company,and other treated water will flow to the Arizona Water Company,who will then turn on a valve allowing us to draw our treated water.It will be measured at two places along the route.It will allow the district to have the benefit of its Central Arizona Project Water.The district has agreed to some of the legal terms in the agreement in regards to indemnification that he was not happy with but in light of the need to get this done,they are going forward.He believes this is on the City of Mesa agenda this evening.He finds it to be a good agreement and Brian is working on getting the scheduling done to attain the water and get it treated.He commented that Mesa is not willing to make any changes in the agreement,and he recommends approval. Chairperson Coleman opened the item to board discussion. Vice Chairperson Surra complimented them on the good work and getting it done. District Counsel Bill Farrell deferred the compliment to Brian Hall as he did the lion's share of the work. He added they hope to be cutting Arizona Water Company out of this connection in two years:they hope to have the direct connect by then. Water Utilities Community Facilities District Meeting Minutes of August 5,2002 Page 2 of 6 Chairperson Coleman closed the discussion and called for a motion. Mr.Eck MOVED THAT THE AGREEMENT BETWEEN THE WATER UTILITIES COMMUNITY FACILITIES DISTRICT AND THE CITY OF MESA AND ARIZONA WATER COMPANY FOR TREATMENT AND DELIVERY OF CENTRAL ARIZONA PROJECT WATER TO ALSO INCLUDE ONE-TIME CHARGES FOR CAPITAL IMPROVEMENTS NECESSARY TO IMPLEMENT THE AGREEMENT IN THE TOTAL AMOUNT OF $36,552.00 FOR SUCH CAPITAL COSTS.SUBJECT TO FINAL APPROVAL AS TO FORM ONLY BY DISTRICT COUNSEL,BE APPROVED. Vice Chairperson Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AUTHORIZATION FOR THE EXECUTION OF PURCHASE OFFER(S)ON TWO (2)PARCELS OF REAL PROPERTY LOCATED IN APACHE JUNCTION, ARIZONA,FOR POSSIBLE WELL SITES )District Counsel Bill Farrell briefed the board on the item.He has contacted the agent on the two parcels the board seemed to be the most interested in.He has executed an offer on those two parcels for possible well sites consistent with direction given earlier.Locations and amounts have not been released since signed acceptances have not been received.This item is for ratification only for the steps that have been taken.If either or both offers are accepted,they will be back for one more authorization at a public meeting.They believe they should be able to acquire both parcels without condemnation and the expenditure of more funds previously authorized. Chairperson Coleman opened the item to board discussion. Interim District Manager George Hoffman stated there has been some interest in communicating with another water company regarding their site.He asked if that could be done after we have received a response on these offers. Water Utilities Community Facilities District Meeting Minutes of August 5,2002 Page 3 of 6 District Counsel Bill Farrell stated he could do i t after or during.He could start it through their council i f they want it.If he gets a no,he assumes the board would like to look at the other two sites.The two sites are in close proximity to each other.They will investigate the other two if these two sites do not close;he assumes there will be no interest in talking to the other water company if these close. Mr.Eck asked if one of these is the Ironwood site. District Counsel Bill Farrell stated they still have time to give them direction. Mr.Eck asked if they would still have time to discuss i t as he still has some concerns on the Ironwood site. District Counsel Bill Farrell stated the offers are made contingent on approval of the board.If they are accepted,they will notice this for the first September meeting.They will distribute the information as soon as i t is received.He would like to know their concerns a week or two before the board meeting so they will have all the information available. Vice Chairperson Surra asked if they have to put up earnest money since an offer was made,and do they lose that money if they back out. District Counsel Bill Farrell stated they do not put up earnest money as their credit is very good.They are not the type of buyer where the seller would say they wanted something up front that would be forfeited. Mr.Eck stated he is concerned that we are going too close to another area that might be used by the other water company.He would like to be assured they are not. District Counsel Bill Farrell stated they would look into that.He added they would probably have to put up Water Utilities Community Facilities District Meeting Minutes of August 5,2002 Page 4 of 6 earnest money in larger purchases,but not this one.He would not recommend forfeiting a deposit on these parcels due to the possibility of condemnation. Chairperson Coleman closed the discussion and called for a motion. Vice Chairperson Surra MOVED THAT AUTHORIZATION BE GIVEN FOR THE EXECUTION OF PURCHASE OFFER(S)FOR TWO (2) PARCELS OF REAL PROPERTY THAT ARE LOCATED IN APACHE JUNCTION,ARIZONA,FOR POSSIBLE WELL SITES,AS WAS PREVIOUSLY DISCUSSED IN EXECUTIVE SESSION. VOTE:Unanimous. The motion carried. ADJOURNMENT meeting at 6:12 p.m. Mr.Dietz SECONDED THE MOTION. )Chairperson Coleman adjourned the ACCEPTED THIS 3RD DAY OF SEPTEMBER ,2002,BY THE CHAIRPERSON AND DISTRICT BOARD OF THE WATER UTILITIES COMMUNITY FACILITIES DISTRICT (APACHE JUNCTION WATER COMPANY),CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS ATTEST: -) Kathleen Connelly District Clerk 311D DAY OF SEPTEMBER Douglas CYeman Chairperson Water Utilities Community Facilities District Meeting Minutes of August 5,2002 Page 5 of 6 ,2002. WATER UTILITIES COMMUNITY FACILITIES DISTRICT MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the Water Utilities Community Facilities District of the City of Apache Junction,Arizona,held on the 5th day of August,2002.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 6th day of August,2002. Kathleen Connelly District Clerk • Water Utilities Community Facilities District Meeting Minutes of August 5,2002 Page 6 of 6