§ 102-52. Agreement to annex.

As provided in C.R.S. § 31-12-121, any property owner provided water service or sewer service outside of the city shall enter into an agreement to annex to the city. The agreement to annex will include a legal description of the property provided water service or sewer service and will bind the property owner's legal representatives, successors, heirs, and assigns. The agreement to annex will include but not be limited to the following provisions:

(1)

An agreement to comply with all applicable ordinances of the city relating to water or sewer services.

(2)

An agreement that all water or sewer service lines and all other facilities required to extend the service to the owner's property will be built to city specifications and will be conveyed to the city and that the owner will bear the full cost, including cost of inspection, of extending all such water or sewer service lines and facilities.

(3)

An agreement not to develop the land without first submitting development plans to the planning commission and the city council for review and approval.

(4)

An agreement not to build any streets, or other public improvement facilities or buildings, except in accordance with city building, plumbing, electrical, and fire prevention codes, subdivision regulations and engineering standards and specifications, as would be applicable to similar improvements in the city, and agreement to pay the cost of all inspections required by the city.

(5)

An agreement to execute the necessary documents to petition and initiate at the property owner's expense an action to annex to the city.

(6)

An agreement that the property owner will consent to annexation if initiated by the city.

(7)

An agreement to dedicate all necessary rights-of-way for streets, alleys, highways and utility easements at no cost to the city at the earlier of the following occurrences: upon annexation, whether initiated by the owner or by the city or at any time upon request of the city to enable the city to proceed with construction of said improvements.

(8)

An agreement to comply with the provisions of section 74-91 et seq. relating to annexation and development as such provisions are in effect at the time of annexation.

(9)

An agreement that prior to the time water or sewer services are connected, compliance with all ordinances of the city requiring the dedication of open space.

(10)

An agreement includes a description of the tributary water rights, if any, appurtenant to the property to be served, warranting merchantable title, and an agreement to convey such water rights to the city immediately upon connection to city water or sewer services, for a stated price, which price shall represent the agreed present market value of such water. Upon the approval of both parties, such agreement may also provide for the lease-back of such water at a stated annual rental until the property is developed.

(11)

In the case of water, an agreement to comply with the city regulations or request to prevent waste or to conserve water or both.

(12)

An agreement that the city shall have the right to curtail or eliminate service to the area if such is necessary to provide adequate service to customers within the city limits.

(13)

An agreement that the owner will not use either property or buildings in any manner that is determined by the city to be detrimental to the health, safety, or welfare of the city.

(14)

An agreement that the owner will not participate in the formation of another city or participate in the formation of any special service district, without the consent of the city.

(15)

An agreement to comply with city regulations relative to discharging certain materials and infiltration into the city sewer system.

(16)

An agreement to indemnify and hold the city harmless from any and all damages or liability arising either directly or indirectly from providing water or sewer services to the owner by the city.

(17)

An agreement to convey groundwater rights to the city at the time water or sewer service is provided to the property.

(18)

An agreement that the property owner will pay the city all costs, attorneys fees, and related expenses incurred by the city in the event the property owner breaches any provision of the agreement or if the city is required to enforce an action in specific performance as provided in C.R.S. § 31-12-121.

(Code 1981, § 33-22; Ord. No. 2574, § 1, 11-21-1988)