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HomeMy WebLinkAboutWater Board - Minutes - 10/14/1963• MINUTES OF THE MEETING OF THE WATER BOARD HELD OCTOBER 14, 1963, AT 7:30.0'CLOCK P.M. Present: President Ward Fischer, Mayor Harvey Johnson, Secretary John Bartel, Vice President Frank Ghent and Members Norman Evans and Fred Feit. Also present were the following members of the City Council: Lorraine Quinn, C. E. Honstein, R. L. Colwell, Assistant City Attorney Arthur March, Jr. and City Engineer G. Jam. Weiss. Attorney Rex Wells and six members of the West Fort Collins Water District were present and presented the following Memorandum of Agreement, which was read at length. THIS AGR&EaKT, made and entered into this day of August, 1963, by and between the PROPOSED WEST FORT COLLINS STRICT, hereinafter designated as DISTRICT, and the CITY OF FORT COLLINS,.a • municipal 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 M1ERFAS, 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 WHEREAS, 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 such petition by resolution, a copy of which resolution is attached hereto as "Exhibit A." • NOW, THEREFORE, in consideration of the premises and the terms and conditions hereinafter contained, it is mutually agreed as follows: 0 • 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 through the pipe line of District, to be constructed by District, of a inch capacity owned by District; said pipe line to be maintaineTT is7rict and the intake of such pipe line shall be at the following point: 3. District agrees to pay to City for said treated water the sum of ¢ per thousand gallons, said payments to be made by Distric o y 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 line shall be discontinued until payment of all sums in arrears are fully paid. 4. (a) City shall not sell water to arty additional persons or person, who are hot being served with water by City at this time, for use on their property, if said property lies within the boundaries of the District. • (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, any water rights heretofore transferred to City shall be re -delivered to District. All charges levied for the use of this water shall be paid by District. 6. District shall not permit waste of water received from City, nor shall it or any of its members sell or attempt to sell or dispose of any of said water for the purpose of making a profit thereon. 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. • IN WITNESS ViERKOF City has caused 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 attacTegfhereto, angi— isb' ricihas caused its name to be hereunto subscribed by the Chairman of its Steering Committee. CITY OF FORT COLLINS ATTEST: BY City Clerk ayor PROPOSED WEST FORT COLLINS WATER DISTRICT Unairman, 6zeer2ng uommu.Ltiee Ater considerable discussion motion was made by Member Fred Feit seconded by Vice President Frank Ghent that when pipe is to be installed • in the District it be of the type, size and installed as approved by the City Engineer. The motion was put and duly carried by the unanimous vote of the Board. The following recommendations were unanimously agreed upon by the Board to be incorporated in the proposed agreement by the City to be negotiated with the District at a later dates (a) That a plat of the area be submitted, showing location of pipe, etc. (b) That a three year termination clause be a part of the contract. (c) The District to furnish the City their anticipated requirements of water. (d) To agree at a present day cost of filtering the water and adjust when necessary. (e) All future construction within the District to comply • with the Building Code adopted by the City. (£) Annexations, when eligble to furnish the necessary water. 0 The following letter was read at length. CITY OF FORT COLLINS COLORADO October 11, 1963 Mr. Ward Fischer, Chairman Fort Collins Water Board Dear Sir: Mr. Thomas Davey, 323 South Grant, was in any office and offered to sell to the, City 1 7/12 shares of Arthur Ditch water. In view of the fact we just recently purchased Arthur Ditch water at $80.00, we offered to purchase Mr. Davey's stock at that price. He would.pre£er to sell to the city but has been advised by his attorney that it is worth $100.00. He thought he might be able to sell it to the University for $100.00 but would still prefer if possible, to sell to the city. I suggested that I would request your recommendation at your Monday meeting and he agreed to wait until I had your recommendation before contacting the University. Sincerely yours, /s/ Robert F. Boos City Manager • Motion was made by President Ward Fischer, seconded by Member Norman Evans that the above shares be offered to Mr. Jacob Kovaer who has a plot of ground in the West part of the City he wishes annexed, but without water. Should Mr. Kovner refuse to buy the Board recommended to the Council that the City buy these. The motion was put and duly carried by the unanimous vote of the Board. It was unanimously agreed by all the members that the Board meet on the second and fourth Monday of each month at 7:30 o'clock P.M. in the Council Chambers, unless it was necessary to call a special meeting. With nothing further to be brought up at this time the Board adjourned.