City Council Minutes 1992 01 07 - Laserfiche WebLink

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provided to the City were whether the City was obligated to provide that service to the Helms or if it wished to do so. The memorandum to the Council from the City Attorney indicates that based upon the facts that were available to the City, the City Attorney does not believe that the City is obligated or legally required to provide the water service to the Helms property, Council may do so if they wish. If Council wishes to require compliance with the current requirements to the City which includes the annexation agreement, the action the Council may take is to grant the tap subject to compliance with those requirements including the annexation agreement requirements. Council can direct the City Attorney to draft an amendment to the current City Code provision which would authorize some discretion to the Council in the area of granting water taps outside the City limits and then grant the tap at such time as the amendment to the City Code is adopted. SackeR: I think it would be unfair to the other applicants who have requested in a similar manner to grant this without the requirement that they annex to the City. Is there anything that I am missing in that regard? It seems to me that there have been several requests like this and we have always said if you want to enjoy the benefits of the City you need to be a part of it. Howard: I would agree strongly with statements made by Councilman SackeR. When we start providing piece- meal services of the City, even if we doubled the cost, we are getting rid of any incentive necessary to bring in the tax revenue to help offset the total cost to all of the citizens. My feeling is unless they are circumstances extremely more different than what I see here, we should not grant any outside water taps as a normal course particularly when the City has asked several times for annexation. Timothy Beaton, 390 Union Blvd., Lakewood, CO - Attorney for the Helms Beaton: I think this situation is unique based on its particular facts. This water service request has been before the Council. In December 1990 the Council considered this particular request; granted the request; and imposed the annexation requirement. The Helms came to our firm and we provided the information to your attorneys about this particular matter. It relates to a transaction that took place in 1984, at that time the Council considered an extension of the City's water service to Paradise Lane; there were five existing residences. The Council at that time granted the request for water 7