Ordinance 1994-1155 - Laserfiche WebLink

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WHEREAS, the adoption of said fees were legislative acts which did not contain any durational limitations on their applicability and the City Council wishes to declare and affirm by ordinance that the amount of said fees as currently in effect, including any amou~t originally made a part of the current fee structures by, or attrlbutable to, the enactment of Ordinance No. 827 and Ordinance No. 828, shall remain the applicable fees of the City and will continue to be the applicable water tap and capital improvement fees of the City after recovery to Homart is completed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1. That the water tap fee codified in Section 13.12.030 and Section 13.12.040 of the Louisville Municipal Code, including any amount therein attributable to an increase originally enacted by Ordinance No. 827, said fee having been enacted without any durational limitation, shall remain in effect and applicable to applications for water service and shall remain the revenue of the City upon payment to and collection by the City after recovery to Homart pursuant to the terms and conditions of the Amended and Restated Development Agreement relating to water utili ty improvements is completed. Section 2. That the capital improvement fee codified in section 3.16.020 of the Louisville Municipal Code, including any amount therein attributable to an increase originally enacted by Ordinance No. 828, said fee having been enacted without any durational limitation, shall remain in effect and applicable to new residential construction and shall remain the revenue of the City upon payment to and collection by the City after recovery to Homart pursuant to the terms and conditions of the Amended and Restated Development Agreement relating to street improvements is completed. Section 3. I f any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that anyone part or parts be declared unconstitutional or invalid. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. 3