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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/17/2004 - SECOND READING OF ORDINANCE NO. 021, 2004, AUTHORI ITEM NUMBER: 12 AGENDA ITEM SUMMARY DATE: February 17, 2004 FORT COLLINS CITY COUNCIL STAFF: Dennis Bode SUBJECT Second Reading of Ordinance No. 021, 2004, Authorizing the Mayor and the City Clerk to Apply and Contract for Beneficial Use of Water on Behalf of the City of Fort Collins, and Prescribing the Terms for Application for an Allocation of the Right to Use Colorado-Big Thompson Project Water to the City by Northern Colorado Water Conservancy District. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance, which was unanimously adopted on First Reading on February 3, 2004, authorizes the City to apply for and obtain the perpetual right to use 150 acre-foot units of Colorado-Big Thompson Project water held by the City. These units are currently held under temporary use permits with the Northern Colorado Water Conservancy District. ORDINANCE NO. 021, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR AND THE CITY CLERK TO APPLY AND CONTRACT FOR BENEFICIAL USE OF WATER ON BEHALF OF THE CITY OF FORT COLLINS, AND PRESCRIBING THE TERMS FOR APPLICATION FOR AN ALLOCATION OF THE RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER TO THE CITY BY NORTHERN COLORADO WATER CONSERVANCY DISTRICT WHEREAS, under the Water Conservancy Act of Colorado, Title 37, Article 45, Colorado Revised Statutes of 1973, it is necessary that the City Council of the City of Fort Collins, a Colorado municipal corporation (hereinafter called "Applicant'), in order to obtain the perpetual right to use Colorado-Big Thompson Project water on an annually renewable basis under C.R.S. 37-45-131 within the boundaries of the Northern Colorado Water Conservancy District, by contract for the beneficial use of water from Northern Colorado Water Conservancy District, shall by ordinance authorize and direct the Mayor and City Clerk to apply to the Board of Directors of said District for such water contract. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the City of Fort Collins has determined to apply for a contract providing for the beneficial use of One Hundred Fifty (150) acre-feet of water from Northern Colorado Water Conservancy District within the boundaries of the Northern Colorado Water Conservancy District. Section 2. That the Mayor and City Clerk are hereby authorized and directed to apply to the Board of Directors of said Northern Colorado Water Conservancy District for a contract providing to the Applicant the beneficial use of water upon terms prescribed by said Board in the manner and form attached hereto as Exhibit "A" and incorporated herein by this reference. Introduced, considered favorably on first reading, and ordered published this 3rd day of February, A.D. 2004, and to be presented for final passage on the 17th day of February, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 17th day of February, A.D. 2004. Mayor ATTEST: City Clerk ITEM NUMBER: 22 AGENDA ITEM SUMMARY DATE: February 3, 2004 FORT COLLINS CITY COUNCIL STAFF: Dennis Bode SUBJECT First Reading of Ordinance No. 021, 2004, Authorizing the Mayor and the City Clerk to Apply and Contract for Beneficial Use of Water on Behalf of the City of Fort Collins, and Prescribing the Terms for Application for ajytlrl of nro;the§ight to`, se lorado-Big Thompson Project Water to the City by Norther olorado� ater f�An,�ervani c V✓ t. t'h RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY 'ThThis ordinance is needed to aCity or and obta t e eta1 rt to use 150 acre-foot units of Colorado-Big Thompson Proater field I t y. TR,6se units are currently held under temporary use permits with the Northern"bolo doVater Conservancy District. BACKGROUND The City owns 18,855 acre-foot units of Colorado-Big Thompson water which are held under permanent contracts or temporary use permits with the Northern Colorado Water Conservancy District. The Northern Colorado Water Conservancy District requires that all Colorado-Big Thompson units held under temporary . its,on>pecenber 31 of any year be converted to use under permanent contracts. Asmof them.edd of=^the";year, the City had 150 units of Colorado-Big Thompson water held uripr tenborpuse permits that must now be converted to what is referred to as a permanent-Sect%n-41T1 contract. This conversion is accomplished by adopting an ordinance conforming to the standard form of ordinance provided by Northern Colorado Water Conservancy District, and approved as to form by the City Attorney's Office. Adoption by City Council will authorize the Mayor and City Clerk to apply for the permanent contract. The temporary use permits for the 150 units will be cancelled through a standard Northern Colorado Water Conservancy District application to be approved by the City Manager. The transfer of these Colorado-Big Thompson units to permanent contracts will have no effect on the City's ownership and use of the water or the cost of assessments on these units, but will convert these shares into perpetual rights.