Ordinance 1994-1151 - Laserfiche WebLink

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ORDINANCE NO. 1151 SERIES 1994 AN ORDINANCE AMENDING SECTION 16.32.030 OF THE LOUISVILLE MUNICIPAL CODE PERTAINING TO ANNEXATIONS. WHEREAS, the City Council desires to amend Section 16.32.030 of the Louisville Municipal Code to provide greater flexibility in the development requirements pertaining to the transfer of appurtenant water rights or the payment of a water resource fee in lieu thereof to the City upon the annexation of agricultural land engaged in agricultural production. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1. Subsection G. of Section 16.32.030 of the Louisville Municipal Code is hereby amended, and said Section 16.32.030 is further amended by the addition of a new Subsection H, to read as follows (words to be added are capitalized): 16.32.030 Development requirements. G. UNLESS OTHERWISE PROVIDED BY CITY COUNCIL WITH RESPECT TO WATER USED FOR AGRICULTURAL PURPOSES ON LAND ZONED FOR AGRICULTURAL USES, at the time of annexation the city and annexor shall agree in writing to the transfer of water rights appurtenant to the property to be annexed and/or the payment to the city of a water resource fee in lieu of or to supplement any such water rights transfer. Such agreement shall be consistent with the existing city policy as set forth by resolution of the City Council. H. NOTWITHSTANDING ANY PROVISION OF SUBSECTION G, NO ANNEXOR OF ANY LAND ZONED FOR AGRICULTURAL PURPOSES SHALL BE PERMITTED TO RETAIN ANY RIGHTS TO WATER USED FOR AGRICULTURAL PURPOSES WHICH ARE APPURTENANT TO SUCH LAND, UNLESS THE ANNEXOR AGREES IN WRITING AND PRIOR TO THE ANNEXATION, TO PAY TO THE CITY, UPON ANY SEVERANCE AND TRANSFER OF ALL OR ANY PORTION OF SUCH RIGHTS, AN AMOUNT WHICH IS EQUIVALENT TO THE PRICE OF SUCH TRANSFER, OR AN AMOUNT WHICH IS EQUIVALENT TO THE THEN-CURRENT MARKET VALUE OF SUCH RIGHTS, WHICHEVER IS HIGHER. 1