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HomeMy WebLinkAboutORDINANCE 315-67o ORDINANCE NO.315 AN ORDINANCE AMENDING SECTION 21.9-5 OF THE MUNICIPAL CODE OF ThE TOWN OF ESTES PARK,COLORADO,THE SAME PERTAINING TO REQUIRING WATER TO BE FURNISHED UPON ANNEXATION OF PROPERTY. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.That Section 21.9-5 of the Municipal Code of the Town of Estes Park,Colorado be and the same is hereby amended to read: 21.9-5 Water to be Furnished. (a)Before any land is annexed to the Town,there shall be conveyed,transferred or assigned to the Town a water right or a quantity of water that will yield annually to the Town, in the judgment of the Board of Trustees,1.5 acre-feet of water per acre of land being annexed to the Town;14.0%or 0.60 acre-feet (per acre)of said water shall be available to the Town during the months of May,June,July and August. (b)In lieu of said water,and with the consent of the Board of Trustees,the money equivalent to such water shall be paid to the Town in an amount that the Board of Trustees may deem to be equal in value to the water herein required. The said money equivalent may be paid in three (3)installments, one installment before any land is annexed to the Town,one installment one year from the date of annexation of said land, and one installment two years from the date of annexation of said land;provided that an annual deferred payment fee of seven per cent of the amount of the deferred money equivalent is paid on the foregoing installment payment dates;and, provided that the payment of all deferred payments and all annual deferred payment fees is secured by a corporate surety 4 fl bond of a bonding company authorized to do business in the State of Colorado,which bond shall be approved by the Board of Trustees of the Town of Estes Park,Colorado,before the bond is accepted by the Town and any land is annexed.In the event of an election to pay the said money equivalent in installments as provided in this subsection,and compliance with the provisions of this subsection,the full amount of the said money equivalent will not have to be paid at the time of annexation. (c)The water required by this section will not have to be furnished,at the time of annexation,for that portion of any land to be annexed which the Town cannot serve with its present domestic water distribution system.Said water,or its money equivalent,shall be furnished to the Town by the land owner of the exempted land at such time as the Town is able to furnish water for domestic use to the exempted land and after written notice to the land owner that domestic water service for his land is available.Said water,or its money equivalent,shall be delivered to the Town within thirty (30)days from the date that the above notice is deposited in the United States mails addressed to the land owner at his address as shown on the records of the Larimer County Assessor.No water service shall be furnished to the exempted land until such water is furnished as herein provided.All annexation plats hereafter filed with the Town shall show thereon the land that cannot be served with domestic water by the Town on the date the plat is filed with the Town and shall contain the following covenant:The undersigned owners of all land shown on this plat to be land that cannot be served with domestic water by the Town of Estes Park -2- through its present water distribution system agree for themselves,their heirs and assigns to furnish to the Town of Estes Park such water as shall be required by the ordinances of said Town that are in force on the date the land shown hereon is annexed to the Town of Estes Park, Colorado,and it is agreed that this shall be a covenant that runs with such land. Section 2.Effect of ordinance.If any part or parts of this ordinance are for any reason held to be invalid or unconstitutional,such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have pissed this ordinance and each part or parts thereof,irrespective of the fact that any one part or parts be declared invalid or unconstitutional. Section 3.The Board of Trustees herewith finds, determines and designates that this ordinance is necessary for the immediate preservation of the public health and safety for annexation of property affects the public health and safety,and whereas in the opinion of the Board of Trustees an emergency exists,this ordinance shall take effect and be in force five (5)days after its final passage,adoption and pub 1 i c a t i on. ATTEST / Town Clerk -3-