20060531Comments.pdf

MOORE SMITH BUXTON & TURCKE, CHARTERED
ATTORNEYS AND COUNSELORS AT LAW
225 NORTH 9TII STREET, SUITE 420
BOISE, ID 83702
TELEPHONE: [phone] FAX: [phone]
STEPHANIEJ. BONNEY
SUSAN E. BUXTON*
MICHAEL C. MOORa
BRUCE M. SMITH
PAULA. TURCKE'
CHRISTOPHER E. YORGASON
TAMMY A. ZOKAN
JOHN J. McFADDEN*t
of Counsel
* Also adnritted in Oregon
t Also adnritted in Washington
, Also adnritted in South Dakota
+ Also adnritted in New Mexico
May 31 , 2006
-...: "
Idaho Public Utilities Commission
472 W. Washington Street
Boise, ID 83720
( .
Re: United Water Case No. UWI-06-
Dear Commissioners:
In response to the Commission request for comments pursuant to the
Commission s Notice dated May 5, 2006, the City of Eagle s response dated May 10, 2006
regarding the expansion ofUWI's area of service to include the Trailhead Community area is
still correct (copy attached). The City of Eagle is capable of serving and is proceeding with
plans to accommodate service to this development and annexation into the City based on
representations by the developer.
The City recognizes that there appears to be some confusion over what the developeris contemplating. However, the City last communication with the developer
representative led to agreement between the City and the developer to begin developing a
Memorandum of Understanding and consideration of a path of annexation. The City is
capable of serving the Trailhead community and can expand its service to other areas.
Accordingly, the City remains committed to its agreement with the developer. City
representatives have been unable to reach the developer to clarify this situation.
Until this matter is clarified, the City maintains its objection to UWI's expansion into
this area which is to be served by the City of Eagle. The City is endeavoring to meet with thedeveloper to determine what course of action the developer intends to pursue. This is
particularly important if the developer intends to seek annexation. When the City s system of
three (3) new wells is complete, they can serve the foothills north of the City between
Highway 55 and north of Beacon Light Road. Given this situation, the City believes use of a
Idaho Public Utilities Commission
May 31 , 2006
Page 2
Modified Procedure is also not appropriate at this juncture.
Sincerely,
BMS:jj
cc: client
Joe Miller, Esq.
MOORE SMITH BUXTON & TURCKE, CHARTERED
ATTORNEYS AND COUNSELORS AT LAW
225 NORTH 9TII STREET, SUITE 420
BOISE, ID 83702
TELEPHONE: [phone] FAX: [phone]
STEPHANIEJ. BONNEY
SUSAN E. BUXTON*
MICHAEL C. MOOREt
BRUCE M. SMITH
PAUL A. TURCKE'
CHRISTOPHER E. YORGASON
TAMMY A. ZOKAN
JOHN J. McFADDEN*t
o/Counsel
* Also adnritted in Oregon
t Also adnritted in Washington
, Also adnritted in South Dakota
+ Also adnritted in New Mexico
May 10, 2006
Idaho Public Utilities Commission
472 W. Washington Street
Boise, ID 83720
Re: Case No. UWI-06-
Dear Commissioners:
On April 26 2006, United Water Idaho Inc. filed an Application with the Idaho Public
Utilities Commission (Commission) seeking to amend and revise its Certificate of PublicConvenience and Necessity No. 143, as amended. The referenced Application seeks to add anarea known as the Trailhead Community to UWI's service territory. UWI stated at paragraph VI.
that "There are no known public entities, persons or corporations with whom the expansion islikely to compete.This is incorrect. The defined area of expansion includes an area and a
development that will be served by the City of Eagle municipal system. The developer, KasteraHomes, has already contacted the City of Eagle regarding annexation into the City, and the City
is taking steps to accommodate the developer s request. (See attached copy of letter from Kastera
Homes.) Under existing City ordinances the development will be served by the City. Therefore
the City objects to extension of the UWI certificate to this area.
Sincerely,
MOORE SMITH BUXTON & TURCKE
CHARTERED
BMS:jj
Enclosure
cc: client
Joe Miller, Esq.
Scott Woodbury to)~Y
RECEIVED & FILED
CITY OF EAGLE
APR 2 2006
File:
Route to:
April 18, 2006
Honorable Mayor Nancy Merrill
and Eagle City Council Members
City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Dear Mayor Merrill and Eagle City Council Members:
Kastera Homes has recently purchased 660 acres of land north of the
City of Eagle near Willow Creek Road. We have also acquired an
additional 278 acres along State Highway 55 north of Brookside Lane
near the Shadow Valley Golf Course. Kastera Homes is considering
annexation of these lands into the City of Eagle.
Is it possible that we could be invited to attend a work session with
the City Council to discuss the possible annexation of our properties?
Thank you for your assistance in evaluating future annexation of our
land. Keep up your good work!
Respectfully,
Wayne . Forrey, AICP
Director of Planning and Enti
Mayor/ City Council
City Clerk
p & Z Dept.
Bldg. Dept.
Attorney
Engineer
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Enclosed: Vicinity Map
~7" , l=::Inl", Rn::lrl ,"it", ~7" F::Inl",. In::lhn !Bfil fi Tpl: 20R.472.0300 Fax: [phone] www.KASTERA.com
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