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HomeMy WebLinkAbout1256 - REGARDING A PROPOSED ANNEXATION BY ELECTION OF APPROXIMATELY 28.674 ACRES OF LAND GENERALLY INCLUDING THE KNOLLWOOD SUBDIVISIONS AND THE PROPERTIES AT 150 GREEN ROCK DRIVE AND 2285 KNOLLWOOD DRIVE; FINDING THAT THE RESOLUTION 1256 A RESOLUTION REGARDING A PROPOSED ANNEXATION BY ELECTION OF APPROXIMATELY 28.674 ACRES OF LAND GENERALLY INCLUDING THE KNOLLWOOD SUBDIVISIONS AND THE PROPERTIES AT 150 GREEN ROCK DRIVE AND 2285 KNOLLWOOD DRIVE; FINDING THAT THE AREA PROPOSED TO BE ANNEXED MEETS APPLICABLE REQUIREMENTS OF SECTION 30 OF ARTICLE II OF THE STATE CONSTITUTION AND C.R.S 1973, §§31-12-104 AND 105 AND THAT AN ANNEXATION ELECTION IS REQUIRED; DIRECTING THAT AN ELECTION BE CALLED; DETERMINING THE ANNEXATION TERMS AND CONDITIONS TO BE IMPOSED; AND SETTING FORTH RELATED DETAILS. A. A "Petition" for Annexation Election for the unincorporated territory in Boulder County generally including the Knollwood Subdivision, Knollwood Subdivision First Addition, Knollwood Subdivision Second Addition, and the properties generally known as 150 Green Rock Drive and 2285 Knollwood Drive and more particularly described in Exhibit A (the "Property"), attached hereto and incorporated herein, has been filed with the City Clerk; B. By Resolution 1251, adopted February 5, 2019, the City Council of the City of Boulder Colorado found said Petition to be in substantial compliance with the applicable statutory requirements and set March 19, 2019, as the date for a public hearing to determine whether the territory proposed for annexation is eligible for annexation to the City of Boulder; C. The Planning Board duly proposed that the Property be annexed to the City of Boulder and that the zoning district map adopted by the City Council be amended to zone and include the Property in the Residential Estate (RE) zoning district; as provided in Chapter 9-5, "Modular Zone System," B.R.C. 1981. D. Pursuant to Resolution 1251 and after providing notice as required by law, a public hearing was duly held before the City Council on March 19, 2019, and the City Council considered the evidence presented at said hearing on the proposed annexation and initial zoning of the Property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO, THAT Section 1. The City Council finds that the territory proposed for annexation pursuant to the above-described Petition for Annexation Election meets the applicable requirements of section 30 of article II of the state constitution and C.R.S. §§31-12-104 and 31-12-105, and that specifically: (a) Not less than seventy-five registered electors or ten percent of said electors, whichever is less, have signed the Petition. (b) The signers of the Petition are qualified electors resident in and landowners of the area proposed to be annexed. (c) The Property is not embraced within any city, city and county, or incorporated town. (d) The Property abuts, and is contiguous to, the City of Boulder by at least one-sixth of its perimeter. (e) A community of interest exists between the Property proposed for annexation and the City of Boulder, the Property is urban or will be urbanized in the near future, and the Property is capable of being integrated into the City of Boulder. (f) The Property does not include any area included in another annexation proceeding involving a city other than the City of Boulder. (g) The annexation will not result in the detachment of the area from one school district and the attachment of the same to another school district. (h) The Property does not include any area which is the same or substantially the same area in which an election for the annexation to the City of Boulder was held within twelve months preceding the filing of the above Petition. (i) In establishing the boundaries of the Property proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcels of real estate, or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowners thereof, unless such tracts or parcels are separated by a dedicated street, road, or other public way. (j) In establishing the boundaries of the Property proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more which, together with buildings and improvements situated thereon, has a valuation for assessment in excess of $200,000 for ad valorem tax purposes for the year next preceding the filing of the petition, has been included within the Property with the written consent of the landowner. (k) The annexation will not have the effect of extending the City of Boulder's boundaries any further than three miles from any point of the existing city boundaries. Section 2. The City Council further finds that inasmuch as the present proceedings are pursuant to a Petition for Annexation Election and additional terms and conditions are to be imposed, an annexation election is required. The City Council directs that an election be called as provided in C.R.S. §§31-12-112, nominates Lynette Beck to be the election commissioner nominated by the City, authorizes the City Manager, in her discretion, to nominate a different election commissioner as may be necessary, and directs the City Attorney to forthwith petition the District Court in and for the County of Boulder to hold said election. Section 3. The City Council determines that the annexation terms and conditions contained in Exhibit B, attached hereto and incorporated herein, are to be imposed upon the Property and the landowners therein, and accordingly shall be submitted to the voters in the annexation election. INTRODUCED, READ, PASSED, AND ADOPTED this 19th day of March 2019. Suzanne on s Mayor Attest: Lynn eck City Clerk EXHIBIT A LEGAL DESCRIPTION A TRACT OF LAND IN THE SOUTHWEST QUARTER OF SECTION 25,TOWNSHIP 1 NORTH, RANGE 71 WEST OF THE 6TH P.M.,COUNTY OF BOULDER,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF KNOLLWOOD SUBDIVISION ALSO BEING THE WESTERLY RIGHT OF WAY OF GREEN ROCK DRIVE;THENCE ALONG THE BOUNDARY OF SAID KNOLLWOOD SUBDIVISION THE FOLLOWING NINE(9)COURSES: 1. N76000'00"E,A DISTANCE OF 189.13 FEET TO A POINT ON ACURVE; 2. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT,CONCAVE TO THE SOUTH,HAVING A RADIUS OF 569.71 FEET AND A CENTRAL ANGLE OF 17°30'01" (CHORD BEARS N84°45'00"E, 173.34 FEET), 174.01 FEET; 3. THENCE S86030'00"E,A DISTANCE OF 200.00 FEET TO A POINT ON A CURVE; 4. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT,CONCAVE TO THE SOUTH,HAVING A RADIUS OF 1638.18 FEET AND A CENTRAL ANGLE OF 4000'00" (CHORD BEARS S84°30'00"E, 114.34 FEET), 114.37 FEET; 5. THENCE S82030'00"E,A DISTANCE OF 6.00 FEET; 6. THENCE N7030'00"E,A DISTANCE OF 2.57 FEET; 7. THENCE S80039'30"E,A DISTANCE OF 118.68 FEET; 8. THENCE S0002'15"E,A DISTANCE OF 22.00 FEET; 9. THENCE S42046'15"E,A DISTANCE OF 306.15 FEET; THENCE ALONG THE BOUNDARY OF KNOLLWOOD FIRST ADDITION THE FOLLOWING FIVE(5)COURSES: 1. S42046'15"E,A DISTANCE OF 194.04 FEET; 2. THENCE N68035'45"E,A DISTANCE OF 21.48 FEET; 3. THENCE S0002'15"E,A DISTANCE OF 374.29 FEET; 4. THENCE S89059'00"W,A DISTANCE OF 115.29 FEET; 5. THENCE S0001'43"E,A DISTANCE OF 91.40 FEET; THENCE ALONG THE BOUNDARY OF KNOLLWOOD SECOND ADDITION THE FOLLOWING TWENTY TWO(22)COURSES: 1. N89059'00"E,A DISTANCE OF 86.89 FEET; 2. THENCE S0002'15"E,A DISTANCE OF 149.83 FEET; 3. THENCE S83015'00"W,A DISTANCE OF 22.85 FEET; 4. THENCE S44030'00"W,A DISTANCE OF 21.00 FEET; 5. THENCE S22025'00"W,A DISTANCE OF 49.50 FEET; 6. THENCE S13035'00"W,A DISTANCE OF 70.00 FEET; 7. THENCE S43005'00"W,A DISTANCE OF 148.00 FEET; 8. THENCE S35055'00"W,A DISTANCE OF 43.00 FEET; 9. THENCE S24040'00"W,A DISTANCE OF 40.00 FEET; 10. THENCE S11°58'00"W,A DISTANCE OF 83.98 FEET; 11. THENCE S15001'09"E,A DISTANCE OF 88.02 FEET TO A POINT ON A CURVE; 12. THENCE ALONG THE ARC OF A CURVE TO THE LEFT,CONCAVE TO THE SOUTH, HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 97044'21" (CHORD BEARS S64021'34"W,75.32 FEET),85.29 FEET; 13. THENCE N83049'10"W,A DISTANCE OF 13.89 FEET; 14. THENCE S28000'00"W,A DISTANCE OF 1.50 FEET; 15. THENCE S40030'00"W,A DISTANCE OF 139.00 FEET; 16. THENCE S27027'00"W,A DISTANCE OF 22.15 FEET; 17. THENCE S70009'35"W,A DISTANCE OF 11.78 FEET; 18. THENCE S22000'00"W,A DISTANCE OF 126.79 FEET; 19. THENCE S37024'30"W,A DISTANCE OF 142.69 FEET; 20. THENCE N2005'50"E,A DISTANCE OF 655.94 FEET; 21. THENCE N57058'20"W,A DISTANCE OF 392.20 FEET; 22. THENCE N10039'05"W,A DISTANCE OF 159.39 FEET; THENCE ALONG THE BOUNDARY OF KNOLLWOOD FIRST ADDITION THE FOLLOWING THREE(3)COURSES: 1. N6045'00"W,A DISTANCE OF 87.09 FEET; 2. THENCE N20024'00"W,A DISTANCE OF 93.00 FEET; 3. THENCE N13040'00"W,A DISTANCE OF 90.06 FEET; THENCE ALONG THE BOUNDARY OF TRACT 3298 RECORDED AT RECEPTION NO. 1099939 DATED 04/29/91 THE FOLLOWING TWO(2)COURSE: 1. S85°00'00"W,A DISTANCE OF 200.00 FEET; 2. THENCE N0004'20"W,A DISTANCE OF 135.25 FEET; THENCE ALONG THE BOUNDARY OF A TRACT OF LAND RECORDED AT RECEPTION NO. 1949399 DATED 06/14/99 THE FOLLOWING TWO(2)COURSES: 1. N0004'20"W,A DISTANCE OF 443.44 FEET; 2. THENCE N76000'07"E,A DISTANCE OF 16.22 FEET TO THE POINT OF BEGINNING. THIS PARCEL CONTAINS 1,249,043 SQUARE FEET(28.674 ACRES). SCOTT, COX&ASSOCIATES, INC. DR X OF CO �,r``�• A. John Buri, P.L.S. #24302 Survey Manager SCOTT, COX AND ASSOCIATES, INC. 1530 55th Street Boulder, CO 80303 (303)444-3051 ext. 26 Date: 01 /25 / 19 EXHIBIT B ANNEXATION TERMS AND CONDITIONS RECITALS A. Registered electors have petitioned the City of Boulder("City")to commence proceedings for the holding of an annexation election for an area generally including the Knollwood Subdivision,Knollwood Subdivision First Addition and Knollwood Subdivision Second Addition,plus two adjacent parcels at 150 Green Rock Drive and 2285 Knollwood Drive, and more particularly described on Exhibit A to Resolution1256(collectively,the"Annexation Area"). B. With the exception of the property at 150 Green Rock Drive,the properties within the Annexation Area are located within the boundaries of the Knollwood Metropolitan District("District"). Properties within the District are hereafter referred to as"District Properties". Currently,the District provides water to District Properties,as well as some other governmental services. The property at 150 Green Rock Drive is connected to the City of Boulder's water utility. C. With annexation,petitioners are seeking to connect the District Properties to the City's water utility. D. To connect to the City's water utility,water mains("New Mains")have to be constructed within the Annexation Area's rights-of-way,water meters have to be moved into the rights-of-way or,if approved by the City Manager, into public easements and the rights-of-way have to be improved("Street Improvements"). The New Mains, service lines to meter pits,and meter pits installed by the City,and Street Improvements are hereafter collectively referred to as"District Public Improvements". The City is planning to install the District Public Improvements. E. The cost of construction of the District Public Improvements will be an obligation of the owners of the District Properties,planned to be paid and financed through the District as set forth below, by certification of an annual mill levy. To allow for payment and financing of District Public Improvements through the District,the payment of costs for the construction of the District Public Improvements will be billed to the District Property owners only in the event and to the extent the District has not paid the construction costs of the District Public Improvements. F. Pursuant to Section 9-2-17, "Annexation Requirements,"B.R.C. 1981, annexation of land to the City of Boulder shall not create an unreasonable burden on the physical,social,economic,or environmental resources of the City. To ensure this requirement is met terms and conditions("Terms and Conditions") shall be imposed on the individual property owners within the Annexation Area. G. The Terms and Conditions create the obligations for individual property owners within the Annexation Area. A separate Intergovernmental Agreement("IGA")between the City and the District addresses obligations of the District in this annexation,the District's governmental powers following annexation,and the process of dissolution of the District following connection of the District Properties to the City's water utility. NOW,THEREFORE,in consideration of the recitals,the following Terms and Conditions shall be imposed upon the annexation to the City of Boulder of the Annexation Area: EXHIBIT B 1. District Dissolution As a requirement of annexation,the owners of District Properties shall use their best efforts to obtain a court order pursuant to Section 32-1-707,C.R.S.,dissolving the District within five years of the effective date of the annexation ordinance or within two years of the City's final acceptance of the District Public Improvements under the City's construction contract for the District Public Improvements, whichever occurs later. Such order of dissolution shall dissolve the District for all purposes except as necessary to adequately provide for the payment of remaining financial obligations or outstanding debt of the District. A plan for dissolution shall adequately provide for the payment of such financial obligations and debt. 2. Intergovernmental Agreement The annexation shall be conditioned on the execution of an IGA between the City of Boulder and the District,to be executed by the District prior to a public hearing by the City Council to determine if the proposed annexation complies with the applicable state law and whether to impose terms and conditions on the annexation pursuant to Section 31-12-108, C.R.S. After approval by the District,any changes to the IGA would be subject to approval by the District Board. No changes will be made to the Terms and Conditions after the annexation election,unless approved by the voters in a new annexation election. The IGA shall provide for(a)the services that may be provided by the District between the effective date of the annexation and District dissolution,(b)financing and payment of the District Public Improvements,and(c)the services provided by the District that may be assumed by a unit owners' association("HOA") after dissolution.The IGA will also require the District to assist the property owners within the boundaries of the service area of the District in creating a common interest community and a unit owners' association consistent with Sections 38-33.3-101,et seq.,C.R.S.prior to dissolution of the District. If an HOA is formed, it may provide services consistent with Sections 38-33.3-101, et seq., C.R.S., including covenant enforcement and snowplowing, and shall own and maintain any outlots within the Annexation Area that are currently owned by the District. If, at the time the District dissolves, any outlots owned by the District have not been conveyed to an HOA,then,prior to dissolution of the District, any such outlots shall be conveyed to the City. 3. District Public Improvements a. Construction of District Public Improvements. Following annexation,the City plans to construct the New Mains and Street Improvements in the Annexation Area to serve District Properties. The Street Improvements are planned be constructed generally where the existing streets are located,over the area where the New Mains are being constructed, and as approximately 22-foot wide rural residential streets without curb,gutter, sidewalks,or streetlights. As part of the District Public Improvements,the City will install water service lines from the New Mains to existing or new meter pits within the public right-of-way or, if approved by the City Manager, in a public easement. b. Construction of Service Lines to Homes. Pursuant to the IGA,no later than thirty days following the City's construction and final acceptance of a New Main and service line from the New Main to the meter pit serving a property,the District shall obtain any permits required for work in the City's right-of- way or public easements and install,at its cost,a service line connection from any new meter pits to the existing meter pit and new pressure reducing valves on such property. The owners of the District Property shall provide the District with all necessary approvals and rights of access to perform this work. If the District does not complete this work within the thirty-day time frame,no later than within 60 days EXHIBIT B following the City's construction and final acceptance of the New Main and service line from the New Main to the meter pit serving the property,the individual property owners, at their cost, shall cause installation of such service line and pressure reducing valves and shall ensure completion and compatibility of the new service line with the City's water service. It is the individual property owners' responsibility to connect a service line from the meter pit serving the property to the structure on the property being served. Upon completion of such work by the District or the property owners and acceptance thereof by the City,the City will install the existing meter in the meter pit and will connect the property to City water. The City will consider a pilot program for the District Properties to allow temporary electronic meter reading. c. Connection to City Water System. Upon completion of the New Mains that will serve the Annexation Area,property owners within the Annexation Area shall not connect to or be served by any water system other than the City's and shall connect to the City water system when so required by the City Manager. d. Payment if District Fails to Pay. In the event that the District has not paid for the construction of the District Public Improvements,within 180 days of the City's final acceptance of the District Public Improvements,each owner of a District Property shall pay the then-applicable water plant investment fees,installation charges and their share of the unpaid costs of constructing the District Public Improvements. The cost of the District Public Improvements shall be the original cost of design, purchase,construction,and installation,but excluding the cost of connecting the service line of 150 Green Rock Drive to the New Mains and excluding the cost of up-sizing a portion of the new main in Green Rock Drive from an 8-inch line to a 12-inch line,the total to be divided equally among the District Properties. The property at 150 Green Rock Drive will not be responsible for a share of the costs of the District Public Improvements and associated fees as it is currently connected to the City's water utility. For purposes of these Terms and Conditions,the cost of constructing the District Public Improvements shall include all applicable costs, fees,and charges associated with the design,purchase, construction and installation of the District Public Improvements,the management and supervision of the construction and installation of the District Public Improvements by City contractors,and the connection of District Properties to the New Mains. If not paid by the District,the City will,in good faith, consider creating a financing option to assist District Property owners in paying the amount owed by a District Property owner for the District Public Improvements to the City. e. Vacant Property. Any property vacant(without a dwelling unit) at the time of construction of the District Public Improvements will be responsible for the full,then-applicable in-City plant investment fees,and tap, service line and meter charges, and its share of the District Public Improvement construction costs(unless paid by the District) at the time of issuance of a building permit to construct a new dwelling unit. f. 150 Green Rock Drive. The owner of the property located at 150 Green Rock Drive currently served by City water shall connect to the New Mains at the time so required by the City Manager. The City shall pay the costs associated with connecting the existing service line for the 150 Green Rock Drive property to the New Mains. EXHIBIT B 4. Stormwater and Flood Plant Investment Fees a. Rate. The property owners in the Annexation Area shall pay the stormwater and flood plant investment fee(hereafter referred to as"Storm PIF")at the rates applicable in 2018. b. Payment. The Storm PIF will be charged to the property owners in a City of Boulder utility bill no earlier than 30 days following the effective date of the annexation. Within 10 days of a property owner's receipt of that utility bill,the property owner shall pay the Storm PIF that is due pursuant to the Boulder Revised Code and at the rate applicable in 2018. c. Payment Plan Option. Instead of payment-in-full at the time of receipt of the utility bill for this fee, a property owner may agree in writing to pay the Storm PIF in monthly installments over a period of 10 years from the date of the first bill for the Storm PIF. At the time payment is due for each monthly installment, in addition to the monthly installment, a payment plan charge shall be paid in the amount of 30%of the monthly installment. There will be no penalty for prepayment of the remaining outstanding principal amount due,and no payment plan charge for prepayments. The first installment shall be paid within 10 days after the date of receipt of the first bill for the Storm PIF. For any property which participates in the phased repayment program,the property owner shall pay the entire outstanding obligation for the Storm PIF, including any payment plan charges that are due for missed monthly payments,and the full unpaid principal amount at such time as the property is sold. No penalty or payment plan charge will be imposed for pre-payment of the Storm PIF in whole or in part. The phased repayment program will be provided by the City only to those properties that will connect to City water at the time that it is first available. d. Billing,and Collection. The payment-in-full charge and the monthly installment due under the phased repayment plan may be included on the same bill that includes water,wastewater, or storm water and flood management services charges or may be included on a separate bill as provided in Title 11, "Utilities and Airport,"B.R.C. 1981. The billing,payment,and collection provisions of Sections 11-5- 12, "Billing and Payment of Fees," 11-5-13,"Certification of Unpaid Charges to County Assessor,"and 11-5-14,"Charges are Lien on Property,"B.R.C. 1981, shall apply to the billing,payment, and collection of the Storm PIF, including installments and payment plan charges due under the phased repayment program for the Storm PIF, and any interest on delinquent payments due thereon. 5. Flood Control Easements Properties located within the conveyance zone, as delineated on the City's regulatory floodplain mapping,will be required to dedicate to the City a flood control easement. This easement must be dedicated prior to issuance of a permit for work on the property under Title 10,"Structures,"B.R.C. 1981, or at such time as improvements to the Sunshine Creek and/or Sanitas Creek channel are proposed to be made by the City of Boulder and shall be based on the then-applicable floodplain mapping. 6. Zoning The properties in the Annexation Area would initially be zoned Residential Estate(RE). 7. Subject to City Codes and Policies Upon annexation,the properties in the Annexation Area will be subject to all laws,rules,regulations, and administrative orders of the City of Boulder except as expressly modified by these terms and conditions. Annexation in accordance with the terms and conditions contained herein shall in no manner EXHIBIT B waive the present or future applicability of said laws,rules,regulations and administrative orders. Existing legal nonconforming uses and nonstandard buildings and structures will be allowed to continue to exist. Section 9-10-3,"Changes to Nonstandard Buildings, Structures, and Lots and Nonconforming Uses,"B.R.C. 1981, applies to changes to nonstandard buildings and nonconforming uses. It is understood that this section shall not be constructed to permit a property to constitute a nuisance or to cause a hazard under the City's life safety codes. 8. Water Rights At the time of connection to the City's water system,but in no event later than issuance of a building permit for the property, any property owner with water or ditch rights used on or appurtenant to the property, shall sell or offer a right of first refusal to the City, consistent with Section 11-1-19,"Water and Ditch Rights,"B.R.C. 1981, for any water rights appurtenant to the property,except that in the event a water or ditch rights owner has entered into an agreement with the City that contains provisions that are in conflict with Section 11-1-19,B.R.0 1981, such as the Settlement Agreement executed by the City and The Silver Lake Ditch&Reservoir Company recorded in the office of the Boulder County Clerk and Recorder's Office at Reception No. 03046201, such agreement shall control. 9. One Dwelling Unit per Lot or Parcel Due to the area's topography and location on the western boundary of the City,no lot or parcel within the Annexation Area shall be developed with more than one principal dwelling unit. 10. No Subdivision Due to the area's topography and location on the western boundary of the City,no lot or parcel within the Annexation Area shall be subdivided to create an additional lot following annexation to the City. 11. Wetland Mapping Prior to annexation,all stream,wetland,water bodies and buffer areas on the properties in the Annexation Area will be mapped by the City after the fee prescribed in Section 4-20-53, "Stream, Wetland and Water Body Permit and Map Revision Fees," B.R.C. 1981,is paid. Pursuant to the IGA,this fee will be paid by the District. This mapping will include a functional evaluation of the stream,wetland or water body. The approved mapping and evaluation shall be adopted as an update to the regulatory maps as a part of the annexation ordinance. 12. Inclusion into the Municipal Subdistrict of the Northern Colorado Water Conservancy District The properties in the Annexation Area shall be included in the Municipal Subdistrict of the Northern Colorado Water Conservancy District pursuant to the process in Section 37-45-136(3.6),C.R.S. 13. Use of Existing Wells The City will not prohibit a property owner from using existing,privately-owned wells for non- potable irrigation purposes on such property following annexation,even after a property is served by the City water utility. Existing wells that are used for irrigation purposes must be registered and permitted by the State Engineer's Office and operated in accordance with any augmentation and other requirements under Colorado water law. Existing wells shall not be used for domestic water purposes once the property is connected to the City's water utility. No person shall make any cross-connections to the City's municipal water supply system from any well on the property. EXHIBIT B 14. Historic Drainage Drainage from properties in the Annexation Area shall be conveyed in an historic manner that does not materially and adversely affect abutting properties. 15. Wood Roofs Wood roof covering materials are prohibited in the City of Boulder. Immediate replacement shall not be required; however,no person owning a building with wood roof covering materials in the Annexation Area shall install any wood roof covering materials following annexation. Any installation,repair or replacement must utilize approved roof covering materials which conform to the applicable requirements of Title 10,"Structures,"B.R.C. 1981. However, this section shall not be construed to permit a property to constitute a nuisance or to cause a hazard under the City's life safety codes. 16. Rental Property Requirements If a property is used as rental property at the time of annexation,it shall be brought into compliance with Chapter 10-3,"Rental Licenses,"B.R.C. 1981,within 90 days of the effective date of the annexation ordinance; for a rental license issued within 90 days of the effective date of the annexation ordinance the energy efficiency requirements of Chapter 10-2,"Property Maintenance Code,Appendix C—Energy Efficiency Requirements,"B.R.C. 1981, shall be waived. Any subsequent application for a new or renewal of a license and any rental license for a new building or new dwelling unit on the property shall be subject to the energy efficiency requirements of Chapter 10-2,B.R.C. 1981. 17. Breach In the event a property owner fails to pay any monies due under these Terms and Conditions or fails to perform any affirmative obligation hereunder,the City may collect the monies due in the manner provided for in Section 2-2-12, B.R.C. 1981,as amended,or the City may perform the obligation on behalf of the property owner, and collect its costs in the manner provided in these Terms and Conditions. The annexation ordinance shall be the enabling ordinance required under Section 31-20-105, C.R.S. authorizing the collection of those debts. 18. Annexation Agreement Each property in the Annexation Area shall be subject to these Terms and Conditions unless a separate annexation agreement has been executed by the City and the property owner that modifies the Terms and Conditions.