HomeMy WebLinkAbout10-08-18 City Commission Packet Materials - C4. Agreement with BSD7 for High School Stadium Water Adequacy
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Brian Heaston, Senior Engineer
Shawn Kohtz, Interim Director of Public Works
SUBJECT: Ratify the City Manager’s signing of the ‘Agreement for Van Winkle Stadium Improvement Water Adequacy Requirements’ between the City of Bozeman and Bozeman High School District 7.
MEETING DATE: October 8, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Ratify the City Manager’s signing of the ‘Agreement for Van Winkle
Stadium Improvement Water Adequacy Requirements’ between the City of Bozeman and Bozeman High School District 7. BACKGROUND: Attached is the ‘Agreement for Van Winkle Stadium Improvement Water
Adequacy Requirements’ which has been signed by Bozeman High School District 7 and Acting
City Manager Chuck Winn. The agreement establishes terms and conditions for the provision of adequate water rights or cash in lieu thereof as required by Sec. 38.410.130 BMC for the Van Winkle Stadium Improvement project. The project is presently being reviewed by the City as a site plan development. Execution of the agreement is a requirement for site plan approval.
The agreement allows the School District a time period of 3 years to obtain water rights adequate to meet the irrigation water requirements of the existing high school property and stadium improvement. Over this time period, irrigation water will be supplied by a connection to the city’s municipal water supply system. If water rights are not obtained within the 3 year
timeframe, or are obtained but are determined not adequate to provide for the full irrigation water
requirement, then the agreement triggers the payment of cash in lieu of water rights for the quantity of irrigation supplied to the District by the city’s municipal system. FISCAL EFFECTS: The outcome of the School District’s efforts to obtain irrigation water
rights for the existing high school and Van Winkle Stadium Improvement will determine fiscal
effects. If the District is successful in obtaining adequate water rights, then, under the terms of the Agreement, no cash in lieu of water rights will be paid to the City. If the district is unsuccessful in obtaining any water rights, payment of cash in lieu of water rights is triggered under the terms of the agreement. The estimated volume of water on an annual basis to serve the
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irrigation needs of the property is 77.2 acre-feet, which equates to a CIL water rights fee payable
to the City of $463,300 at the fee basis established by the Commission of $6,000/acre-foot. ALTERNATIVES: As suggested by the Commission
ATTACHMENTS: Agreement for Van Winkle Stadium Improvement Water Adequacy
Requirements
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