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Council asks city attorney to draft agreement to assume Cottage Creek Court private water system
Summary
After a months‑long subcommittee review and negotiations with the Cottage Creek Court homeowners association, Midway councilors directed the city attorney to draft an assumption agreement under which the city would accept ownership of the development’s private water mains and install meters.
Midway City Council members signaled support for a staff‑crafted agreement to take over the Cottage Creek Court private water system, directing the city attorney to prepare a written contract that spells out responsibilities, costs and easements.
City staff explained Cottage Creek Court, a 25‑unit planned development built in 1993 off Pine Canyon Road, currently takes water through a master meter that has historically been billed at a reduced effective rate. A subcommittee that met with the homeowners association (HOA) found the development receives water through a 6‑inch master meter installed to serve fire flow, but HOA billing historically reflected a smaller metering assumption. Staff quantified a long‑term discrepancy: a retrospective calculation suggested the development has paid roughly $68,814 less over about 30 years than it would have if each unit had been billed like an individual customer.
The staff proposal — discussed with HOA representatives — would require Cottage Creek to pay to install six 1.5‑inch meters (one per building), dedicate the water system and an easement to the city, and allow the city to supply the meters and then bill each unit at the city’s standard per‑unit rate (currently $28 per unit as discussed). Staff estimated the HOA installation cost at roughly $55,000–$60,000 and the city’s meter cost at about $6,000. One subcommittee member said a base construction estimate for the installation of laterals and related work was about $46,000, with possible additional charges if unknown conditions (e.g., cutting into asphalt) are encountered.
City public works staff explained that, if accepted, the city would be responsible for the pipe up to each meter; laterals running under buildings would remain the owner’s responsibility. Staff also said the state is increasingly treating small private systems as independent public water systems, requiring certified operators and testing; that regulatory environment prompted the HOA’s request for city takeover.
After questions about timeline, overages and precedent for other private systems in town (including Swiss Oaks, Creekside and a local trailer park), the council agreed the framework was acceptable and directed the city attorney, Corbin, to draft an agreement incorporating the proposal discussed. Councilors said the agreement would return for formal approval after staff and the attorney finalized terms.
Cottage Creek HOA representatives were present and acknowledged the HOA’s willingness to proceed under the outlined approach. Council members emphasized they were directing staff to prepare a draft rather than approving a final contract at the meeting.
