HomeMy WebLinkAbout104 - 01/03/1974 - AMENDING SECTION 112-66 OF THE CITY CODE RELATING TO THE WATER UTILITY 01
ORDINANCE NO 104 1973
BEING AN ORDINANCE AMENDING SECTION 112-66
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO THE WATER UTILITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
That Section 112-66 of the Code of the City of Fort Collins be,
and the same hereby is, amended to read as follows
"Section 112-66 Grant of Water Rights Required
"A All premises requesting original water service from
the City of Fort Collins shall, before being granted
such water service, furnish to the City of Fort
Collins, without cost to the City, water rights
acceptable to the City representing a yield annually
of 4 5 acre-feet of water per acre to be served
The Water Board shall determine the annual yield
of particular water rights and shall further deter-
mine what water rights are acceptable to the City
Such determination of the Water Board shall be
final and conclusive In the event any property
owner requesting water service is unable or un-
willing to furnish water rights as required above,
then a payment in lieu of such water rights shall
be required with such payment to be in the amount
of $350 00 for each acre-foot of water required
"B The developer of a subdivision requiring water
service for the subdivision may, in lieu of the
requirements set forth in part A above, calculate
the total area of the subdivision, including all
streets, rights of way, common areas , parks and
the like (gross acres) , and furnish water rights
on the basis of such calculation at the rate of
3 acre-feet of water for each acre in the sub-
division and the same shall satisfy all obligations
regarding the furnishing of raw water rights for
water service to the subdivision Nothing contained
in the foregoing sh-ill be construed to allow the
exclusion of open space area served by City water
;f the gross acreage calculation is not used In
the event a developer elects to furnish water rights
on the basis of gross acreage, an agreement shall
be entered into with the City which shall establish
the water rights to be delivered to the City or the
payment to be made in lieu thereof, the time for such
delivery or payment (in any event not later than the
f
v
issuance of a permit for water service to individual
lots or properties) and any other applicable matters
"C In the event that the owner of a property has hereto-
fore been allowed a credit toward the water rights
required to be furnished pursuant to this section
and such credit has been established by written
agreement between the City and the owner of the
property, such credit shall be recognized and
applied toward the requirements contained under
this section In the event any owner of property
has heretofore entered into an agreement estab-
lishing the water rights required and arranging
for the transfer of the same in return for water
service, then such agreement shall continue to
control notwithstanding the different requirements
made under this section
"D In no case shall the fact that a portion of a
property was previously served with water from
the City water utility excuse the furnishing of
water rights when new water service is requested
for other portions of said property "
Introduced, considered favorably on first reading, and ordered
published this 20th day of December, , A D 1973, and to be
presented for final passage on the 3rd day of January ,
A D 1974,
ATTEST Mayor
City Clerk
Passed and adopted on final reading this 3rd day of January ,
A D 1974
ATTEST Mayor
Citv Clerk
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