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HomeMy WebLinkAbout039 - 08/19/1971 - AMENDING SECTION 21-43-67 OF THE CITY CODE RELATING TO THE WATER UTILITY OF THE CITY ORDINANCE NO 39 1971, BEING AN ORDINANCE AMENDING SECTION 21-43 67 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED RELATING TO THE WATER UTILITY OF THE CITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 That Section 21-43 67 of the Code of Ordinances of the City of Fort Collins, Colorado 1958 as amended, be and the same hereby is amended to read as follows "Section 21-43 67 Furnishing Water Rights All pre- mises requesting original water service from the City of Fort Collins including but not limited to property in- cluded in all proposed annexations, shall furnish to the City of Fort Collins without cost to the City water rights acceptable to the City in the amount of 3 acre feet of water per acre to be served, or if water rights are not available the equivalent of $250 00 in payment for each acre foot so required provided, however, that if a subdivider requests service for a subdivision, he may calculate the total area of the subdivision includ- ing all streets rights of way common areas, parks and the like (gross acres) and may furnish water rights on the basis of such calculation at the rate of 2 acre feet of water per acre of land to be served and the same shall satisfy all obligations regarding the furnishing of raw water rights for water service Nothing contained in the foregoing proviso shall be construed to allow the ex- clusion of open space areas served by City water if the gross acreage calculation is not used In the event a developer elects to base his water requirement on gross acerage, than an agreement shall be entered into with the City which shall establish the water rights to be de- livered 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 issuance of a permit for water service to individual lots or properties and any other applicable matters In the event the owner of a property has heretofore been allowed a credit toward the water rights required to be furnished pursuant to this section and such credit has been established by written agree- ment between the City and the owner of the property such credit shall be recognized and applied towards the re- quirements contained under this section In no case shall the fact that a portion of a property was previous- ly 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 22nd day of July, A D 1971 and to be presented for final passage on the 19th day of August, A D 1971 r ATTEST City C rl `/Passed and adopted on final reading this 19th day of August A D 1971 ATTEST M or�