As stated in the agreement: “If the town acquires the
Water Company or its service area ... the Town will take
appropriate action to seek to include any State Trust
land within five miles of Town’s boundaries in the Town’s
service area, and/or to take any other actions reasonably
required to provide water service to any such State Trust
land.”
The
agreement was signed by Mayor Vincent Francia in April
2005. In return for dropping its objections to the Cahava
Springs development, the State Land Department insisted
on this arrangement.
Francia,
when asked about this aspect of the deal last week, told
The Desert Advocate that those costs would all
be borne by developers and that it wouldn’t cost the taxpayers
anything.
At
Monday’s town council meeting, an emergency resolution,
passed unanimously, “authorizes the mayor to enter into
a bargain sale agreement ... to acquire all of their (Global
Water Resources/Cave Creek Water Co.) utility assets for
the price of $19,500,000 (subject to an increase or decrease
for pro‑rations, a $50,000 adjustment charge and
a possible price increase of $1,000,000 if price not paid
by August 15, 2007).”
That
agreement passes ownership of Cave Creek Water Co. and
relevant assets from Global to the town. In addition,
the town will enter into a letter agreement with the Arizona
Corporation Commission in which “the town agrees to be
interim manager of Sabrosa Water Company” in New River.
Cave
Creek’s legal counsel, Marvin Cohen, said the town’s management
of Sabrosa on an interim basis didn’t make them “happy,”
but that Global insisted on it as part of a settlement
in the town’s condemnation suit against Cave Creek Water
Co.
Cohen
also said, in response to a request from mayoral candidate
Kimberly Versage to drop the “emergency” clause in the
resolution, that if the town didn’t agree to the deal
on Tuesday, Global was going to kill the deal and walk
away from the bargaining table.
In
addition, Cohen stated that with summer approaching the
town needs to make certain preparations, something Global
would have no interest in doing if they were going to
sell and something the town wouldn’t have time to do if
they waited another 30 days before closing.
According
to a financial analysis performed by CH2M Hill, “Approximately
25% of the Cave Creek Water System customers are located
outside the Town of Cave Creek.” It further states a Water
Infrastructure Finance Authority loan will be secured
by a pledge of the city’s excise tax
and water and wastewater development fee revenues, and
funds generated through the operation
of the system.
David
Green, senior economist for CH2M Hill, explained the town
had to pledge its entire excise tax revenue as a legal
obligation, but that the town only would be using 2.5
percent of its excise tax toward the repayment–$100,000
this fiscal year and $300,000 each fiscal year through
FY 2012‑13. Green said further that after five years
of the town proving it can meet its debt service obligations
with the system’s revenue, the excise tax obligation would
be released.
Explaining
the operational revenue end of the finances, Green said,
“Revenues from connection and development fees are dependent
on system growth,” at $150 per new connection and assuming
at least 100 new connections per year– which he considered
conservative.
However,
the analysis then points out the town is anticipating
applying for a WIFA loan in July to fund construction
of a waste‑water treatment plant. This loan would
be paid back through
the
town’s “projected excise tax revenues,” which Green said
are “sufficient to support this additional debt on top
of the town’s existing and proposed Cave Creek water system
WIFA loans.”
Owning
a water company also brings with it the necessary operation
and maintenance of infrastructure, including water tanks,
lines and booster pumps, the costs of which are unknown,
pointed out resident Anna Marsolo during the public comment
portion of the meeting.
“We
thought we were getting one water company; instead, we’re
getting three,” said Marsolo, asking if the town knew
how bad the systems were and what the costs were really
going to be to fix them.
Green
explained the operating costs are figured into his projections,
including $2 million this year from the WIFA loan.
He
assured the council, according to his projections, the
money would be there to support Cave Creek Water Co. for
the next 20 years, the life of the WIFA loan.
“Congratulations
to the citizens of Cave Creek. You now own a water company,”
said Mayor Francia after the vote.