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HomeMy WebLinkAboutWater Board - Minutes - 06/02/1965• MINUTES OF THE MEETING OF THE WATER BOARD HELD JUNE 21 1965 AT 7:00 o'clock P.M. in Ward Fischer's Office Present: President Ward Fischer, Mayor Harvey Johnson, Secretary John Bartel, Assistant City Attorney Arthur March, Jr., City Manager Robert Boos, City Engineer Adam Fischer, Board Member Fred Feit, [crater Superintendent Eddie Hilgenberg, Councilman Di Thomas Bennett, Members of J. T. Banner & Associates, Jack Hull and Harry John. The meeting was thrown open for discussion on both the 1965 Water Distribution system improvement and the 1965 Sewer Collection Improvement programs. Turnpike Constructi Company of Broomfield, Colorado being low bidder on the sewer construction as well as on the Water expansion. President Ward Fischer stated that the data he was obtaining on Ductile Iron pipe had not arrived in sufficient quantity to present to the members fof� study. • The Board was unanimous in recommending that Turnpike Construction Company proceed with the sewer expansion. Arthur March, Jr, presented the following agreement for Water service to applicants outside the City limits: AGREEMENT This agreement made and entered into this day of A. D. 196 between the City of Fort Collins, a municipalcorporation of the State of Colorado, hereinafter designated as the "City," and of Larimer County, Colorado, hereinafter designated as Applicant, WIMEAS, "Applicant" has applied to take water from the "City's" system of Water Works for use outside the city limits, and WHEREAS. Section 66 of Ordinance Number 18, 1965 provides as follows: "It is hereby declared to be the policy of the City of Fort Collins, Colorado, that water service be furnished outside of the corporate city limits if the following conditions are complied with: 1. That all Federal or State laws relative to the use and distri- bution of water for human consumption are complied with. 2. Owners of the area served, agree to join in a petition for annexation when requested by the City and to cooperate in appropriate proceedings in connection therewith. 3. All construction of the users system complies with standard City requirements as to materials, location, depths, valves, fire • hydrants, meters, fittings or any special requirements -- all as determined by the City. 4. Water will be furnished only during periods that said water is surplus to the needs of the City. 5. The cost of all construction, including connection to the City System, will be borne by the user, provided that upon recommendation of the Water Board and approved by the City Council, the City may share the cost of each con- struction, provided that it is to the advantage of the City and in its best interests of the City to share such costs. 5. The City is held harmless from any claim or liability arising out of failure of user to comply with any existing laws or from other action regarding the construction or operation of the users system. 7. Payment for water is in accordance with Section 55 of this Ordinance. 8. The user agrees not to directly or indirectly participate in the formation or enlargement of any municipal or quasi -municipal corporation, without the consent of the City Council. 9. The user agrees that all real property to be serviced by water shall not be conveyed unless conveyance is subject to applicable provisions of this Ordinance. 10. Non-compliance with this Ordinance or failure to pay water bills shall permit City, at its option to terminate and suspend water service until such conditions are rectified. All unpaid sums to automatically constitute a lien against all real property and improvements thereon of the user. 11. The user agreements are non -assignable to other property unless approved by the City. 12. Before connection is permitted user is to furnish to the City, water rights • or payment in lieu thereof as set forth in Section 57 of this Ordinance. 13. Before a water line giving new service is installed the user shall comply with the building code of the County of Larimer and until such building code is adopted, the provisions of the City building code shall be complied with. The user shall obtain and pay for all building and other permits, pay all in- spection fees and employ licensed individuals for the installation of improve- ments in accordance with the requirements of the County of Larimer. Until the County of Iarimer has adopted pertinent rules and regulations, such permits, fees and licenses shall be obtained from the City of Fort Collins in accordance with the ordinances of the City of Fort Collins governing such matters. The user, if located within the area covered by the master plan approved by the Fort Collins Planning and Zoning Board, shall comply with the subdivision rules and regulations adopted by the City of Fort Collins; until such rules and regulations have been formally adopted by the City of Fort Collins, the user shall obtain the approval of his plans by the Fort Collins Planning and Zoning Board in accordance with the tentative rules and regulations approved by said Board. No water connection shall be made except under the supervision of the Water Division of the City of Fort Collins. 14. The use of water under the provisions of this Ordinance shall not con- stitute or be deemed to be a relinquishment of any water or water right by the City and the City reserves the full right to determine all matters in con- nection with the control and use of said water. 15. Upon recommendation of the Water Board with approval of the City Council such other policies may be determined as are necessary." and, •WHEREAS, "Applicant" has agreed to comply with the provisions of the above ordinance. NOW, THEREFORE, in consideration of the premises and the terms of the within agreement, it is mutually agreed as follows: k. • 1. "City" hereby grants unto "Applicant" a inch water tap on the water works system of the "City". 2. Said tap shall be used only on the property of "Applicant" located in the County of Iarimer and State of Colorado, described on the attached Exhibit "A." 3. It is expressly understood and agreed that the granting of this tap is expressly subject to the terms of the above quoted ordinance and all other ordinances of the "City" and the "Applicant" expressly agrees to comply with the provisions of said ordinance and more particularly but without limitation agrees for himself, his personal representatives, heirs, devisees, successors and assigns: a. That at such time as the above described real property is eligible under the laws of the State of Colorado and the ordinances of the City of Fort Collins, Colorado then in effect for annexation to the "City" and upon appropriate request of the "City" through its duly authorized agents, he will join in a petition requesting annexation to the "City" and will do all other things necessary, requisite or proper in order to annex said property to the "City" and the "Applicant" does further appoint the then appointed City Clerk of the City of Fort Collins, Colorado as his attorney in fact for the purpose of signing his name to such an annexation petition and to do all such other things necessary to annex such property to the "City' at such time as said property becomes eligible for annexation. b. That the water line to be installed by applicant shall be installed in accordance with the specifications • of the "City" and shall be subject to the express approval of the "City's" engineer. c. That he will never under this agreement obtain, claim or assert any perpetual easement in his right under this agreement nor assert any claim contrary to the provisions of Article IX, Section 4, of the Charter of the "City." d. That he will pay promptly all fees and charges appli- cable as set forth in Ordinance No. 18, 1965 of the "City" as now enacted or as hereafter amended, and in the event of his failure to do so the "City" shall discontinue all service to the "Applicant" and further the "City" shall have a lien on the above described property to the extent of arty unpaid fees or charges which lien shall be enforced as provided in Section 60 of Ordinance No. 18, 1955. e.,� That he will as further consideration for the granting of this tap furnish to the "City" free of charge the following described water rights, which water rights shall become and remain the property of the "City:" That as a further consi era on or a granting o the within tap and in lieu of furnishing water rights to the "City" the "Applicant" has paid to the "City" and the • "City" hereby receipts for the sum of $ 4. It is expressly agreed and understoo that he tap granted herein is revocable and may be terminated or suspended by the "City" whenever in the "City's" judgment the water used under the permit is necessary for the use of the inhabi- tants of the "City." 5. Wherever used herein and applicable hereto the singular shall include the plural and the masculine shall include the feminine, and the individual shall include the corporate. 6. This agreement shall be a covenant running with the land above de- scribed and shall be binding upon the "Applicant", his heirs, devisees, personal representatives, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. The City of Fort Collins by City Manager Applicant Strike provision not applicable. State of Colorado) ) ss County of Larimer) The foregoing agreement was acknowledged before me this • day of A.D. 196 by R. F. Boos as City Manger of Fort Collins and by as "Applicant." • My commission expires: Notary Public After reviewing and discussion, motion was made by John Bartel, seconded by Fred Fait that the Board recommend adoption of this agreement as proposed. The matter of the City's policy on charges of Northern Colorado Water was discussed. Motion was made for Mayor Johnson, seconded by John Bartel that a policy be adopted by the City to charge all leasees of water an equal and proportionate of the City's assess- ments, plus a handling charge, and without an interest charge. That all existing contracts conform with this policy. Next meeting called for 7:00 o'clock P. M. June 15, 1965 in Council Chambers. Sec etary�