ASHLEY VALLEY WATER AND SEWER IMPROVEMENT DISTRICT, UTAH IMPACT FEE RESOLUTION August 18, 2015 RESOLUTION NO. __________ RESOLUTION ADOPTING AN IMPACT FEE FACILITIES PLAN AND MODIFYING THE DISTRICT’S WATER AND SEWER IMPACT FEES; AND RELATED MATTERS. WHEREAS, the Ashley Valley Water and Sewer Improvement District, Utah (the “District”), provides culinary water and sewer collection services to residents and businesses located within its boundaries; and WHEREAS, the District, pursuant to Title 11, Chapter 36a of the Utah Code Annotated, may adopt or amend an impact fee facilities plan and may enact or modify impact fees in order to ensure that new development bears a proportionate share of the costs of public facility improvements that are reasonably related to service demands and the needs of new development; and WHEREAS, the District has prepared and contracted to prepare an impact fee facilities plan and impact fee analyses for water and sewer; and WHEREAS, the Governing Board of the District (the “Board”) finds that the impact fee facilities plan and impact fee analyses for water and sewer will reasonably mitigate the impact of new development on public infrastructure and ensure that new development bears its proportionate share of the costs of public facility improvements that are reasonably related to service demands and the needs of new development: NOW, THEREFORE, it is hereby resolved by the Board of the Ashley Valley Water and Sewer Improvement District, Utah, as follows: Section 1. The Board hereby adopts as the District’s impact fee facilities plan the Ashley Valley Water and Sewer Improvement District 2015 Impact Fee Facilities Plan, a copy of which is attached hereto as Exhibit A. Section 2. The following impact fees shall be imposed upon each applicant for a building permit and shall be in effect ninety (90) days after the date of this resolution: (a) Impact fee for Water for the years 2016-2020: 2016 Size ERC Multiplier Water Impact Fee 3/4" 1.0 $ 3,611 1” 1.25 $ 4,514 1 1/2" 1.75 $ 6,319 2” 2.25 $ 8,125 2017 Size ERC Multiplier Water Impact Fee 3/4" 1.0 $ 3,835 1” 1.25 $ 4,794 1 1/2" 1.75 $ 6,711 2” 2.25 $ 8,629 2018 Size ERC Multiplier Water Impact Fee 3/4" 1.0 $ 4,059 1” 1.25 $ 5,074 1 1/2" 1.75 $ 7,103 2” 2.25 $ 9,133 2019 Size ERC Multiplier Water Impact Fee 3/4" 1.0 $ 4,283 1” 1.25 $ 5,354 1 1/2" 1.75 $ 7,495 2” 2.25 $ 9,637 2020 Size ERC Multiplier Water Impact Fee 3/4" 1.0 $ 4,510 1” 1.25 $ 5,638 1 1/2" 1.75 $ 7,893 2” 2.25 $ 10,148 Water connection larger than 2” will be determined at time of purchase. (b) Impact fee for Sewer: $2,135 Copies of the impact fee analyses for water and sewer explaining how the fees were calculated are attached hereto as Exhibit B and Exhibit C, respectively. Section 3. The District’s service area for both water and sewer is the entire District limits. Section 4. The District is hereby authorized to adjust the standard impact fee at the time the fee is charged: (a) To respond to unusual circumstances in specific cases; (b) To respond to a request for a prompt and individualized impact fee review for development activity of the state, a school district, or a charter school; (c) To respond to a request for an offset or credit for a public facility for which an impact fee has been or will be collected; and (d) To ensure that the impact fees are imposed fairly. Section 5. The District is hereby authorized to adjust the amount of the impact fees considered herein for a particular development where studies and data submitted by the developer reasonably justify the adjustment. All new development should bear a roughly proportionate share of the costs of public facility improvements that are reasonably related to service demands and needs created by new development. Section 6. A developer, including a school district or charter school, that (i) dedicates land for an improvement that benefits the community at large (a “system improvement”) and not solely a specific development area, (ii) builds and dedicates some or all of a system improvement, or (iii) dedicates a public facility that the District and the developer agree will reduce the need for a system improvement, shall receive a credit against or proportionate reimbursement of an impact fee. Section 7. A credit against an impact fee shall be given for any dedication of land for, improvement to, or new construction of, any system improvements provided by the developer if the facilities are system improvements, or are dedicated to the public and offset the need for an identified system improvement. Section 8. The impact fees collected by the District may be expended only for the specific public facility type for which the fee was collected, and only for a system improvement identified in the District’s 2015 Impact Fee Facilities Plan. Section 9. The District Clerk is directed to complete the attached Record of Proceedings to officially record the proceedings at which this Resolution was considered for adoption. Section 10. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its approval and adoption. APPROVED AND ADOPTED this August 18, 2015 Chair ATTEST: District Clerk (SEAL) RECORD OF PROCEEDINGS The Governing Board of the Issuer met in public session at the regular meeting place of the Board in Vernal, Utah, on August 18, 2015 (the “Meeting”), at the hour of 12:00 Noon with the following members of the Board being present: Brownie Tomlinson Chair Boyd Workman Vice Chair Theron Davis Norman Haslem Robert Jolley Trustee Trustee Trustee Also present: David Hatch District Manager Nora Garcia District Clerk Absent: which constituted all the members thereof. After the Meeting had been duly called to order and after other matters were discussed, the foregoing resolution (the “Resolution”) was introduced in written form and fully discussed. A motion to adopt the Resolution was then duly made by _____________ and seconded by _____________, and the Resolution was put to a vote and carried, the vote being as follows: Those voting YEA: Those voting NAY: Those Abstaining: Other business not pertinent to the Resolution appears in the minutes of the Meeting. Upon the conclusion of all business on the Agenda and motion duly made and carried, the Meeting was adjourned. CERTIFICATE OF DISTRICT CLERK I, Nora Garcia, the duly appointed and qualified Clerk of the Issuer do hereby certify that the attached Resolution is a true, accurate and complete copy thereof as adopted by the Board at a public meeting duly held on August 18, 2015 (the “Meeting”). The Meeting was called and noticed as required by law as is evidenced by the attached Certificate of Compliance with Open Meeting Law. The persons present and the result of the vote taken at the Meeting are all as shown above. The Resolution, with all exhibits attached, was deposited in my office on August 18 2015 and is officially of record in my possession. IN WITNESS WHEREOF, I have hereunto subscribed my signature and impressed hereon the official seal of the District, this August 18, 2015. ( S E A L ) ____________________________________ District Clerk CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Nora Garcia, the undersigned Clerk of the Issuer do hereby certify, according to the records of the Issuer in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-202, Utah Code Annotated, 1953, as amended, I gave not less than 24 hours public notice of the agenda, date, time and place of the April 21, 2015, public meeting held by the Issuer as follows: (a) By causing a Meeting Notice, in the form attached, to be posted at the principal office of the Issuer at least 24 hours prior to the convening of the meeting, the Meeting Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and (b) By causing a copy of the Meeting Notice to be delivered to a newspaper of general circulation in the geographic jurisdiction of the Issuer at least 24 hours prior to the convening of the meeting. (c) By causing a copy of the Meeting Notice to be posted on the Utah Public Notice Website at least 24 hours prior to the convening of the meeting. In addition, the Notice of 2015 Annual Meeting Schedule for the Issuer, attached hereto, specifying the date, time and place of the regular meetings of the governing body of the Issuer to be held during the calendar year 2015 was posted on _______________, 20____, at the principal offices of the Issuer and provided to at least one newspaper of general circulation within the geographic jurisdiction of the Issuer on _______________, 20____, and posted on the Utah Public Notice Website on ______________, 20___. IN WITNESS WHEREOF, I have hereunto subscribed my official signature this April 21, 2015. _________________________________ District Clerk ( S E A L ) (Attach Meeting Notice and proof of posting thereof on the Utah Public Notice Website) (Attach Annual Meeting Notice and proof of posting on the Utah Public Notice Website) EXHIBIT A (2015 IMPACT FEE FACILITIES PLAN) EXHIBIT B (WATER IMPACT FEE ANALYSIS)
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