HomeMy WebLinkAbout096 - 01/04/1973 - RELATING TO REQUIREMENTS FOR FURNISHING UTILITY SERVICE OUTSIDE OF THE CITY LIMITS ORDINANCE NO C 6 1972
BEING AN ORDINANCE RELATING TO REQUIREMENTS FOR FURNISHING
UTILITY SERVICE OUTSIDE OF THE CITY LIMITS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OC FORT COLLINS
Section 1 Outside Citv Utility Service
It is hereby declared to be the policy of the City of Fort Collins
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Colorado that city utility service will be furnished outside of
the corporate limits of the city if the following conditions are
met and complied with
1 That all federal or state laws relative to the use
and distribution of the service extended are complied with
2 Owners of the property served agree to join in a petition
for annexation when requested by the City and to cooperate
in appropriate proceedings in connection therewith
3 All construction of the user's system connected to the
city utility complies with standard city requirements as
to materials location depth valves fire hydrants meters
fittings manholes pump stations transformers conduits or
any special requirements all as determined by the City
4 So long as said property remains outside the corporate
city limits the utility concerned will supply utility
service only to the extent that it has surplus capacity over
the requirements for service within the city limits
5 All costs of constructions including connection to the
city system shall be borne by the applicant for such service
provided that after review of the Water Board and the City
administration the City Council may authorize the City
sharing in the cost of construction of water or sewer lines
upon determining that it is in the best interest of the City
to do so
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6 The City is held harmless from any claim or liability
arising out of failure of the owner of the property served to
comply with any existing laws or from any other action regarding
the construction or gperation of such utility service
7 The users shall pay for such utility service in accordance
with the rates established by the City Council by ordinance
from time to time All provisions of the Ordinances of the
City of Fort Collins in effect from time to time relating to
payment for utility service (including provisions authorizing
disconnecting service and establishing a lien on property in
the event of failure to pay such charges) shall apply in
connection with such service
8 The applicant agrees for himself his heirs and assigns
not to directly or indirectly participate in the formation
or any municipal or quasi municipal district without the
consent of the City Council
9 The applicant agrees that the real property served from
the city utility shall not be conveyed unless such conveyance
is subject to the applicable provisions of this ordinance
10 Failure to comply with the provisions of this ordinance
or to comply with the provisions of any agreement granting
service pursuant hereto shall authorize the City at its
option to terminate and suspend utility service to the
property served until such conditions are rectified Nothing
herein contained shall be construed as waiving any other
remedy available to the City pursuant to its ordinances or
any other law
11 Any utility service granted and any agreement granting
utility service pursuant to this ordinance shall not be
assignable to any other property unless such assignment is
approved by the City Utility service shall not be extended
beyond the service applied for without consent of the City
12 Before any water utility service is granted or connection
to the city water utility lines is permitted theiapplicant
shall furnish to the Cjty w ter rights or payment in lieu
thereof in accordance with the applicable ordinance of the
City
13 The use of water under the provisions of this ordinance
shall not constitute or be deemed to be a relinquishment of
any water or ; atei right by the City and the City e_,erves
the full right to determine all matters in connection with
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the control and use of said water and water rights and the
City retains full dominion and control over such water and
water rights
14 Utility service shall be extended only to properties
which have complied with the Structural Building Code of
Larimer County Colorado and the Electrical Plumbing and
Mechanical Building Codes of the City of Fort Collins
Compliance with such codes shall be determined by inspections
by the Larimer County Building Inspector's Office in connection
with the Larimer County code and by inspectors from the
Fort Collins Building Inspection Department in connection
with the codes of the City of Fort Collins Such inspections
by the City of Fort Collins shall be made upon payment of
the fees established from time to time by such office which
fees shall be paid by the applicant Construction not in
compliance with such building codes or without inspection
shall be cause for discontinuing city utility service to the
subject property
15 Utility service shall not be extended to any property
pursuant hereto unless such property also receives all of
its utility service from the City provided that upon review
of the Water Board and the City administration the City
Council may % aive this requirement with regard to requiring
sewer or water service and provided further that electrical
service shall not be required from the City if the City Electric
Utility expressly consents to the omission of such service
The right to provide electrical service to the property shall
not be waived unless the applicant agrees to pay all cost of
converting to city electrical service including but not
limited to underground electrical service and development
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costs upon annexation to the City of Fort Collins or upon
provision of electric service by the City and provided that
owner agree to accept futurd service at the time that the
City is willing and able to provide such service Electric
service extensions in areas outside the corporate limits % iil
be made n cooperation with the utility certificated by the
Stzte Public Utilities Commission to serie such area,
16 Utility service shall be extended outside the city
limits only in connection w1`h uses alloyed under the
Zoning Extension Plan adopted by the City Planning and
Zoning Board and approved by the City Council as the same
is iii effect from time to time In the event any property
outside the City receiving utility service is put to a
use not authorized by such Zoning Extension Plan, the
permit for use of ciLy utilities shall automatically be
revoked, and such utility service shall be disconnected
Until the Zoning E\tension Plan is adopted by the City
Council, any applicant for city utility service that is
outside the city limits shall obtain approval of the proposed
use for the propert) to be served from the City Planning
Director provided that the applicant shall have the right
to appeal to the City Co Lncil if not satisfied i�ith the
decision of the PLimi-nu Director
17 Utility service shall be extended to properties outside
of the City only if such properties have complied with
the subdivision regulations of Larimer County, Colorado
A waiver of an) portion of such subdivision regulations
b) the count) shall not authorize a departure from such
ie(Tulations Luiless the sarie has also consented to by the
City COLUIC11 in cons ection with the application for city
utilit) scry lce
18 fhc IPPILc uvt shall petit-on for the inclusion of
the pioporLy to be served i%ithin the municipll subcllstilct
I\oi t nci n Coloi ado I4at ci Con ci v ins) 1)Lsti Lct
19 1 ite> u)d sci%ci sci t i ce shill not be e\tcndc d i%cst
of th^ foI loi rn, dcsc l Ibcd 1Inc to I i t Co mpcncu)C at
the. I Ist 1/ 1 eoinci of Scctjoi loirlshlp 8 North 1,in,c
70 1 c L of tic ( th I' I t nee OLICI Ilorl( the 1 ISt 1LI1C
Of (CtIOI11, Md )G In -uch LoIIIS11LI) u)d iatuc to the
c,outhi c t coln( I of Y--t Ion 1 III s Iid toin h)p Ind L Incc
thence I I t I10I1 tlic, Srnith lln( of tied S(,CLIOII )1 to
the I)outhclSt (oincl ihcicof Lhulcc South Lo tlic. SouLhciSt
4
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corner of Section 6 lownship 7 North, Range 69 1%est of
the 6th P M thence East along the ',oath l�ne of Section
8 in the last mentioned township and range to the Northwest
corner of the Nbrtheast 1/4 of said Section 8, thence
South to the Nbrtheest corner of the Northeast 1/4 of
Section 17 in said last mentioned township and range,
thence East to the Northeast corner of said Section 17
thence South to East 1/4 corner of Section 20 in said
last mentioned township and range thence East to center
of Section 21 in said last mentioned township and range,
thence South to center of Section 28 in said last mentioned
township and range thence East to center of Section 27
in said last mentioned township and range thence Soutn
to the North 1/4 corner of Section 3, Township 6 I\orth,
Range 69 1 est of the 6t,i P ,i thence East to the Northeast
corner thereof thence South to the Northeast corner of
Section 10 in said last rnentioied township and range
thence Last to Northeast corner of Section 11 in sild
last mentioned ton�nshl_p and range thence and thereaftc,r
continuing Soutn provided that service shall be pernitted
in the first Ind second filings of Iestgate Subdivision
a Subdivision nnthin the city limits of the City of Fort
Collins
non Nont'i of the follow1nL line
Com,nencln(,Y It the Fist 1/4 corner of Section 25, Township
8 North, l a ).c 70 1 st of the 6th P I thence I ast to
the certen of Section 98 to n5rri» ° t\onth I -inRe 69 l e-SL
of the 6'-h P 11 thence �, )i h to th, \oithc,a,,t corier
of s ud Section thence ind thciclftcn continuing Last
Scct_on 2 Sc�-r 11)11 tv
It i ,, I ^n )% ckc L ii 1 I ' t, I Ic L I LtJ a CTIL 01 Ll U ( i t} COL a L1
In Idopt i n, tlu W(I M itch L h i t the ,(nu i t p u L he n c c f h i l L he S,-v,n ID I L Ind
r f ul) cctnon su'I cc.tion of othc I pu L of this ondirl a cc 15 d< tclalined to bu
Im Ilyd the cl feut of uch un it i(1iL) sh iLl be 1 united to the poltnon rdccl uc.d
Inv it Ld under the, C11CM1 t 9nees In whtch uch Im it r(J i t) I I de tern ine l un l
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such lnvalldity shall not af£(.ct, impair or modify this oidinance as a whole,
or any pert ticrwE, but the rtst of this oidipance shall coptinue 1-► Cull Lo,L-,,
and of Eect
Section 3 Repealer
All ordinances and parts of ordinances in conflict with this ordinance
and, particularly Sections 21 43 66 and 21 49 51 of the Code of Ordinances of
the City of Fort Collins, 1958, as amend are hereby repealed
Introduced considered favorabl) on first reading, and ordered published
this 14th da) of December , A D 1972, and to be presented for final passage on
the 4th day of January A D 1973
Mayor
ATTEST
Cit}Cleik
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Passed and adopted on final readirg this 4th day of January , A D
1973
b yoi
ATT£S1
Ci Cleil
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