Loading...
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 L 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 i 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 -2- 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 i 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 J 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 S 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 c Passed and adopted on final readirg this 4th day of January , A D 1973 b yoi ATT£S1 Ci Cleil 0