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HomeMy WebLinkAboutWater Board - Minutes - 12/02/1963MINUTES OF THE MEETING OF THE WATER BOARD HELD DECEMBER 2, 1963, AT 7:30 P.M..IN COUNCIL CHAMBERS Present: President Ward Fischer, Mayor Harvey G. Johnson, Secretary John Bartel, Board Members Fred Feit and Norman Evans. Vice President Frank Ghent was absent. Also present were City Manager Robert F. Boos, City Engineer G. J. Weiss, Assistant City Attorney Arthur E. March, Jr., Assistant Director of Water Filter Plant Herbert Alexander, Water Department Foreman Edwin J. Hilgenberg, Council Members L. J. McMillan, R. L. Colwell and Lorraine Quinn. This meeting was called by Rex Wells, Attorney for :the West Fort Collins Water District, for the purpose of discussing the Contract for which the City is to supply treated water to the district. Rex Wells was not present. However, the proposed Contract was read at length. • MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of August, 1963, by and between the PROPOSED WEST FORT CbWATER DISTRICT, hereinafter designated as DISTRICT, and the CITY OF FORT COLLINS, a mµnici.- pal corporation of the County,of Larimer and State of Colorado, hereinafter designated as CITY, WITNESSETH: WHEREAS, District is attempting to organize a statutory water district to be known as the West Fort Collins Water District, and WHEREAS, District proposes to acquire, construct, maintain and operate a system for the diversion, supply, storage and distribution of water to the members of the District for domestic purposes within the area served by the District in the County of Larimer, State of Colorado; and WHERFAS, it would be mutually advantageous to the City and District for District to transfer to City the use and benefit of the water rights acquired in the Northern Colorado Water Conservancy District in exchange for City furnishing to District treated water to be used for the above purposes, and WHEREAS, the ordinances of the City of Fort Collins provide that no permits shall be granted by City for the furnishing of water from the Fort Collins Water System to new consumers outside the City limits, except • as the City Council shall expressly provide by resolution, and WHEREAS, City desires to grant the petition of District on the conditions hereinafter set forth and the City Council has authorized the • granting of each petition by resolution, a copy of which resolution is attached hereto as "Exhibit A." NOW, THEREFORE, in consideration of the promises and the terms and conditions hereinafter contained, it is mutually agreed as follows: 1. The City hereby grants to the District the privilege of taking water from the water system of City, provided, however, that the granting of such privilege is expressly subject to the conditions herein- after contained. 2. The treated water shall be delivered to the District through taps on City's water transmission line. There shall be a maximum of four such taps at locations mutually agreed upon by the City and the District. Said taps shall be of sufficient size to deliver the quantity of water as set forth in paragraph 4 (b). 3. District agrees to pay to City for said treated water thee. sum of 140 per thousand gallons, said payments for water to be made by District to City upon the first day of each month following the month of actual use of said water, and in the event of failure of District to pay the water rent, then City shall be at liberty to shut off the water from District, its grantees, assigns and members, and all further service under said pipe shall be discontinued until payment of all sums in arrears • are fully paid. At the end of the first year of service of water under this agreement, the City shall have the right to raise this price in the same percentage as any raise in price imposed upon their other users. Further, the entire price structure shall be re-examined at the end of said year by both parties. 4. (a) City shall not sell water to any additional persons or person, who are not being served with water by City at this time for use on their property, if that property can be served by the District and the property lies outside of the City limits. In the event any of the persons or entities are in the District and the City annexes that particular area, then the first sentence of this paragraph shall be null and void and the City may at their option commence selling water to such persons or entities. (b) City shall furnish water sufficient for 500 water taps to District by September of 1964, and shall furnish water sufficient for a maximum of 1200 water taps by September of 1965. 5. City and District shall each have the right to cancel this contract upon giving 3 years written notice to the other party of its intention so to do, and upon the expiration of 3 years after receipt of said written notice, this contract shall be null'and void, and District shall never obtain, claim or assert any perpetual easement in its right to water under this contract, in excess of the amount of water transferred to City under the terms of this contract. Upon such termination, arw water rights heretofore transferred to City shall be re -delivered to ➢istrict. • All charges levied for the use of this water shall be paid by District. In the event it becomes necessary for the City to ration water to its users, then whatever regulations are adopted by the City concerning such rationing shall also apply to the District. 6. District shall not permit waste of water received from City. 7. This contract shall, in all events, be binding upon the Proposed West Fort Collins Water District and the City of Fort Collins, in the event said District is formed under the provisions of Colorado Revised Statutes, 1953, upon the acceptance hereof by the Board of Directors of said proposed Water District. 8. The District hereby agrees that on the water tap agreements that they will enter into with the individual water users, will contain a paragraph to the effect that the water tap user by signing said agreement agrees and consents that if and when the City desires to annex his property to the City, he or she will sign the necessary petition for annexation. The above said paragraph to be approved by the City before execution with the individual water tap users. 9. It is further agreed that in certain areas the type and size of pipe to be installed by the District must have the prior approval of the City Engineer. The exact type of pipe and location thereof are more fully set forth in "Exhibit B" attached hereto and made a part hereof by reference. In these particular.areas no pipe shall be less than 6 inches in diameter. • IN WITNESS WHEREOF City has cussed its corporate name to be hereunto subscribed by its Mayor and its corporate seal to be hereunto affixed, attested by its City Clerk, pursuant to resolution of its City Council of the City of Fort Collins, adopted on the day of , 1963, a copy of which resolution is aMached hereio; nand 1strict has caused its name to be hereunto subscribed by the Chairman of its Steering Committee. CITY OF FORT COLLINS ATTEST: City Clerk BY Mayor PROPOSED WEST FORT COLLINS WATER DISTRICT BY Chairman, Steering Committee After considerable discussion it was agreed by all members 0 present that the following recommendations be considered. RECOMMENDATION NO. 1 It is recommended that the City of Fort Collins enter into a contract with the organizers of the proposed West Fort Collins Water District, which contract shall be substantially as contained in their draft or proposed contract attached hereto; provided, however, that the following additions to the contract are made: 1. The District boundaries must be determined before the contract is entered into by the City. 2. The water to be filtered by the City and returned to the District must be furnished by the District. 3. The agreement not to supply water to users within the proposed District must contain a provision to the effect that water taps already contracted for by the City shall be installed. The City is normally and legally obligated to fulfill these contracts. With the above three exceptions, the proposed contract should be approved in substance. The rate seems fair. As do the remaining provisions of the contract. The Board specifically recommends that no condition be added to • the contract obligating the City to furnish water, only in the event that a filter plant is constructed. Our feeling is that the District must have assurance that it will receive water from the City if it is to enter into such a contract. The Board further earnestly recommends that every attempt be made to expedite the approval of this contract. Longwinded negotiations on exact wording or the attempt to introduce further conditions or provisions will inevitably result in negotiations failing. The District has come about as far as the City has any right to expect and the City should now make every attempt to approach the matter with a similar attitude of cooperation. The Water District has specifically requested that the contract be either approved or disapproved by the Council at its meeting on Thursday, December 5th. This is a reasonable request and the Board is of the hope that a final decision can be reached at this time. RECCHMENDATION NO. 2 The Water Commissioner of this District has reported that the river is in such condition that the City of Fort Collins is in imminent danger of losing its river water in the near future. The Board understands that arrangements have made with the • local water districts whereby the City can tap into the filtered water of such districts as an emergency measure. The Board also understands that the City has received permission to pump from Seaman Reservoir as an emergency measure. The Board earnestly recommends that the taps into district lines be completed as soon as possible and that steps be taken immediately to prepare, if necessary, to pump from Seaman Reservoir so that the City will not be without water in the event that the Water Commissioner's fears are fulfilled. In regard to Seaman Reservoir, pipes and pumps should be located so that they are immediately available. Motion was made by Norman Evans seconded by Fred Feit to accept the Contract in substance as proposed with further study and recommendations of the City Attorney and to submit same to the City Council at the next regular meeting. W. G. Wilkinson area Water Commissioner advised that the flow in the Poudre River was very low at present and with colder weather coming there was only approximately two weeks water supply coming down stream. Motion was made by John Bartel seconded by Norman Evans that • the City Council be authorized to enter into agreements with outlying water districts for tapping their lines to provide additional water when needed, also to have pumping and piping equipment in readiness for emergency use. adjourned. 5ecretaary • With nothing more to be brought up at this time the Board