 |
AGENDA ITEM REVIEW FORM |
6.D.
Regular City Council Meeting
- Meeting Date:
- 03/22/2017
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
Resolution
Resolution
ITEM:
Discussion and possible action on any and all matters regarding Resolution No. 1178. A resolution of the Mayor and City Council of the City of San Luis, Arizona, approving and adopting an Intergovernmental Agreement with Yuma Union High School District #70 (San Luis High School) and the City of San Luis regarding the joint development and construction of infrastructure, a utility easement and ancillary facilities located on Yuma Union High School District #70 property. (CONTINUED ITEM FROM REGULAR CITY COUNCIL MEETING HELD MARCH 8, 2017) (Kay Marion Macuil, City Attorney)
SUMMARY:
This Agenda Item and the Agenda Item on the First Amendment to the Development Agreement for Las Quintas De San Luis II are together on the Agenda as they must be considered together. The reason they need to be considered together is that all of the obligations of the City in the Intergovernmental Agreement (IGA) with the High School District are contracted to the Developer of Las Quintas De San Luis II. If the vote is for approval of one agenda item, the vote must be for approval of both.
The City of San Luis and Yuma Union High School District #70 wish to enter into an Intergovernmental Agreement in which the school will provide a utility easement that will connect to Las Quintas De San Luis II Subdivision. This is the shortest line to the the existing lift station and it is a gravity line rather than a forced line.
The City and the High School District have entered into a previous IGA which allows City recreational activities on the school recreational areas so improvements in the area will benefit both the High School District and the City.
Here is a summary of the IGA. In exchange for the easement from the High School District, the City (through the agreement with Riedel Holdings, L.L.C. and Nieves Riedel) is to move the fence currently in place ten (10) feet south, to provide a wastewater line, then 45 days after building the wastewater line build a concession stand and a restroom both for the recreational areas, and hold a fund of $4,500.00 to be used for any future fees the City may impose on the district into the future. If the concession stand and restroom are not built, then the school has the option of taking the $15,000.00. Riedel Holdings, L.L.C. has already provided to the City a $19,500.00 cashier's check to cover these funds. If the $15,000.00 is not used it will be returned to Riedel Holdings, L.L.C. plus any interest accrued. The High School District did not want a time limit on the $4,500.00 so that amount cannot be returned to Riedel Holdings, L.L.C.
If the wastewater line is not built within 5 years then the City returns the easement to the High School District.
The City of San Luis and Yuma Union High School District #70 wish to enter into an Intergovernmental Agreement in which the school will provide a utility easement that will connect to Las Quintas De San Luis II Subdivision. This is the shortest line to the the existing lift station and it is a gravity line rather than a forced line.
The City and the High School District have entered into a previous IGA which allows City recreational activities on the school recreational areas so improvements in the area will benefit both the High School District and the City.
Here is a summary of the IGA. In exchange for the easement from the High School District, the City (through the agreement with Riedel Holdings, L.L.C. and Nieves Riedel) is to move the fence currently in place ten (10) feet south, to provide a wastewater line, then 45 days after building the wastewater line build a concession stand and a restroom both for the recreational areas, and hold a fund of $4,500.00 to be used for any future fees the City may impose on the district into the future. If the concession stand and restroom are not built, then the school has the option of taking the $15,000.00. Riedel Holdings, L.L.C. has already provided to the City a $19,500.00 cashier's check to cover these funds. If the $15,000.00 is not used it will be returned to Riedel Holdings, L.L.C. plus any interest accrued. The High School District did not want a time limit on the $4,500.00 so that amount cannot be returned to Riedel Holdings, L.L.C.
If the wastewater line is not built within 5 years then the City returns the easement to the High School District.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE AND ADOPT RESOLUTION NO. 1178.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- N/A
- CITY/STATE/FEDERAL FUNDS:
- N/A
- TOTAL:
- N/A
- BUDGETED AMOUNT:
- N/A
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
All the costs for this IGA have been shifted by contract to Riedel Holdings, L.L.C. and Nieves Riedel.