HomeMy WebLinkAboutORDINANCE 09-21ORDINANCE NO.09-21
AN ORDINANCE APPROVING A WATER SERVICE AGREEMENT WITH THE YMCA
OF THE ROCKIES
WHEREAS,the Town owns and operates a municipal water treatment and
distribution system and supplies treated water to consumers located in the Town and the
unincorporated portion of Larimer County commonly known as the Estes Valley;and
WHEREAS,the YMCA of the Rockies desires an alternative to operating its own
water treatment facility to supply its water demands,due to the ongoing resources and
expertise that are necessary to operate such a facility;and
WHEREAS,the Town and YMCA desire to enter into an agreement to provide for
the delivery of potable water to YMCA by the Town on a master-meter/bulk sale basis;
and
WHEREAS,section 13.24.120(b)of the Estes Park Municipal Code requires that
applicants for water service outside the boundaries of the Town whose property is not
eligible for annexation must agree to annex to the Town when their property becomes
eligible;and
WHEREAS,the YMCA of the Rockies is not currently eligible for annexation,and
the Town does not intend to annex the YMCA’s property without its consent at any point
during the term of the agreement,due to the unique size and self-sufficiency of the YMCA
campus within the Estes Valley;and
WHEREAS,section 13.24.120(b)is therefore inapplicable to this agreement;and
WHEREAS,the YMCA will pay the Town,on a monthly basis,a payment in lieu of
the sales tax revenue that would be due if the YMCA were annexed in an amount equal
to 2.25%of all of taxable sales at the YMCA of the Rockies.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO AS FOLLOWS:
Section 1:The Board approves,and authorizes the Mayor to sign,the water
service agreement referenced in the title of this resolution in substantially the form now
before the Board.Amendments to the agreement may be approved by resolution or
motion of the Board.
Section 2:To the extent only that they conflict with this Ordinance,the Board
repeals any conflicting ordinances or parts of ordinances.Section 13.24.120(b)of the
Estes Park Municipal Code shall remain in full force and effect with regard to other
applications for water service.The provisions of this Ordinance are severable,and
invalidity of any part shall not affect the validity or effectiveness of the rest of this
Ordinance.
Section 3:This Ordinance shall take effect and be enforced thirty (30)days after
its adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this 22y&day of ‘V’.J ,2021.
ATTEST:
TOWN OF ESTES PARK,COLORADO
--—
T Clerk
I hereby certify that the above Or1inance was introduced at a regular meeting of the
Board of Trustees on the %%nd day of Jv’_-c.,2021 and published in a
newspaper of general circulation in the Town of Estes Park,Colorado,on the 25 day
of ‘\uvxJ ,2021,all as required by the Statutes of the State of Colorado.
APPROVED AS TO FORM:
By:
lerk
Town Attorney