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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 -2-