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HomeMy WebLinkAboutORDINANCE 307-66b 0 ORDINANCE NO.307 AN ORDINANCE AMENDING SECTION 21.9-5 OF ThE MUNICIPAL CODE OF TEE TOWN OP ESTES PARK, COLORADO,TEE SAI”IE PERTAINING TO REQUIRING WATER TO BE FURNISEED UPON ANNEXATION OF PROPER. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF TEE TOWN OF ESThS 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 as follows: 21.9-5 Water to be Furnished.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;LO%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.Provided,however, that in lieu of said water,and with the consent of the Board of Trustees,the money equivalent of 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. Provided,further,that said water 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 © b shown on the records of the Lerimer 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 p1st 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 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.The Board of Trustees herewith finds, determines and designates that this ordinance is necessary for the immediate preservation of the public peace,health and safety,and whereas in the opinion of the Board an emergency exists,this ordinance shall take effect and be in force five (5)days after its final passage,adoption and publication. 4 / Mayor ATTSTy () / 1 /7 ( Town Clerk -2-