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
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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
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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
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Town Clerk
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