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HomeMy WebLinkAbout168 - 11/04/1986 - AMENDING CITY CODE RELATING TO THE FURNISHING OF WATER AND WASTEWATER SERVICE OUTSIDE THE CITY ORDINANCE NO. 168, 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 112 OF THE CODE OF THE CITY OF FORT COLLINS BY REPEALING §112-126 AND REENACTING AS A NEW ARTICLE VIII RELATING TO THE FURNISHING OF WATER AND WASTEWATER SERVICE OUTSIDE THE CITY WHEREAS, the City is undertaking a recodification of the Code of the City of Fort Collins and it is desirable to update and clarify §112-126 of said Code relating to providing water and wastewater utility services outside the city. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 112 of the Code of the City of Fort Collins, "Utilities and Enterprises, " is hereby amended by repealing Article V (§112-126) thereof and revising and reenacting said article as Article VIII of said chapter as follows: ARTICLE VIII Utility Service Outside City Limits § Conditions for furnishing service. A. Any person outside of the city limits desiring to make a connection to one or both of the city's water and wastewater utilities shall apply to the City for permission; and connection permits may be issued after review and recommendation of the Planning and Zoning Board and the Water Board and the approval of the Director of the Water and Wastewater Utility. B. New utility service will be furnished to property which is outside of the city limits if the following conditions are met: (1) the utility concerned has surplus capacity over the immediate requirements for service within the city and the applicant has satisfied any raw water requirement assessed against property to be served with city water. (2) the property's zoning district permits the existing or proposed use, and any required conditional use permit has been approved and issued. (3) the property has complied with the subdivision laws and regulations of Larimer County, Colorado. A waiver of any provision of such subdivision regulations by the county shall not constitute a waiver by the city unless the City Council consents to the waiver. (4) a current title memorandum has been provided showing that title- to the property is vested in the applicant's name. (5) the owner of the property enters into a written agreement to be recorded and to constitute a covenant running with the land that the owner or any successors in interest will join in a petition for annexation to the city when requested by the city and cooperate in related proceedings. (6) the owner of the property agrees in writing for such owner and any successors in interest that they will abide by and be subject to all of the provisions of the respective utility articles. C. If a utility service permit is denied, the applicant may, in writing filed with the City Clerk within thirty days of the date of denial , appeal the denial to the City Council , which shall schedule a hearing to determine whether the applicant meets the standards prescribed by this article. § Permit is revocable; agreement of user. A. So long as the property served is outside the city, any permit for utility services issued under this article is revocable and the utility concerned will supply service only to the extent that it has surplus capacity over the requirements for service within the city limits and only so long as the permittee is in compliance with and abides by the conditions of the permit. The use of city water under this article does not constitute a relinquishment of any water or water right by the city. The city reserves and retains full dominion and control over its water and water rights and their use. Upon revocation of a water service permit for water use outside the city and the permanent disconnection of water service, the city shall remit such raw water as has been previously surrendered to the City by the outside city user. B. If a permit to connect to any of the city's utilities is approved under this article, the applicant shall : (1) comply with all of the construction, installation and connection requirements prescribed by the applicable articles governing the utility to which connection is made the same as any inside-city applicant; (2) comply with any and all of the requirements, limitations and prohibitions conditioning service, as prescribed by the applicable articles governing the utility to which connection is made the same as any inside-city user; -2- (3) use the utility service only for the qualifying use and to make -no enlargement or alteration of the service without obtaining the written permission of the respective utility; (4) bear the cost of construction, installation and connection of utility lines except for such oversizing participation or reimbursement as may be authorized by the City Council on recommendation of the Water Board; (5) pay for each utility service used in accordance with the rates for outside-city users established by the City Council from time to time; (6) not convey the real property served from a city utility unless such conveyance is subject to the applicable provisions of this Chapter; (7) not assign the utility service permit or agreement to any other property unless such assignment is first approved in writing by the city; (8) file a petition to join the Northern Colorado Conservancy District, municipal subdistrict, if the property is not already included therein, and pay the required fees. C. If a permittee under this article does not connect to the permitted utility within six months of issuance of the connection permits, the permits will expire. D. The city may suspend utility service to the property served if the user fails to comply with any of the conditions of the outside-city permit until the violation is rectified. Nothing in this article shall be construed as waiving any other remedy available to the city pursuant to its ordinances or other law. Introduced, considered favorably on first reading, and ordered published in summary form this 21st day of October A.D. 1986, and to be presented for final passage on the 4th day of November, A.D. 1986. Mayor ATTE�� City Clerk -3- 1986.Passed and adopted on final reading this 4th day of November, A.D. Mayor ATTEST: 7Jlo,,,�la City Clerk -4-