HomeMy WebLinkAbout195 - 01/05/1988 - APPLYING AND CONTRACTING FOR BENEFICIAL USE OF WATER AND PRESCRIBING THE TERMS FOR APPLICATION FOR A ORDINANCE NO. 195 , 1987
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPLYING AND CONTRACTING FOR
BENEFICIAL USE OF WATER ON BEHALF OF THE CITY
OF FORT COLLINS AND PRESCRIBING THE TERMS FOR
APPLICATION FOR AN ALLOTMENT OF WATER TO SAID CITY
BY THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT
WHEREAS, under the Water Conservancy Act of Colorado, Title 37,
Article 45, C.R.S. , it is necessary that the City Council of the City of
Fort Collins, a Colorado municipal corporation (hereinafter called
"Applicant") , in order to obtain an allotment contract for the beneficial
use of water from the Northern Colorado Water Conservancy District
(hereinafter called "District") , shall by ordinance authorize and direct
the Mayor and City Clerk to apply to the Board of Directors of the District
for such water allotment contract.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1 : That the City of Fort Collins elects to apply for an
allotment contract providing for the beneficial use of two thousand eight
hundred fourteen (2,814) acre-feet of water from the District.
Section 2: That the Mayor and City Clerk be and hereby are authorized
and directed to apply to the Board of Directors of the District for a
contract allotting to the Applicant the beneficial use of water upon terms
prescribed by said Board in the manner and form as in this section
provided, to-wit:
APPLICATION TO
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
FOR
WATER ALLOTMENT CONTRACT
Applicant, City of Fort Collins, a Colorado municipal corporation,
hereby applies to the District, a political subdivision of the State of
Colorado, organized and existing by virtue of Title 37, Article 45, C.R.S. ,
for an allotment contract of beneficial use of water under the following
terms and conditions:
1 . The quantity of water herein requested by the Applicant for annual
application to beneficial use is two thousand eight hundred fourteen
(2,814) acre-feet, to be used so long as the Applicant fully complies with
all of the terms, conditions and obligations hereinafter set forth.
2. It is understood and agreed by the Applicant that any water
allotted by the Board of Directors of the District shall be for domestic,
irrigation, or industrial use within or through facilities or upon lands
owned or served by the Applicant; provided however, that all lands,
facilities, and serviced areas which receive benefit from the allotment
(whether water service is provided by direct delivery, by exchange, or
otherwise) shall be situated within the boundaries of the District.
3. The Applicant agrees that an acre-foot of water as referred to
herein is defined as being one-three-hundred-ten-thousandth (1/310,000) of
the quantity of water annually declared by the Board of Directors of the
District to be available for delivery from the water supplies of the
District. The Applicant agrees that such water shall be delivered from the
works of the District at such existing District delivery point or points as
may be specified by the Applicant and that the water delivery obligation of
the District shall terminate upon release of water from said works.
Further, the Applicant agrees that, on November 1 of each year, any water
undelivered from the annual quantity made available to the Applicant shall
revert to the water supplies of the District.
4. The Applicant agrees to pay annually for the amount of water
herein allotted by the Board of Directors of the District at a price per
acre-foot to be fixed annually by said Board; and further agrees that the
initial annual payment shall be made, in full , within fifteen (15) days
after the date of notice from the District that the initial payment is due
hereunder. Said notice will advise the Applicant, among other things, of
the water delivery year to which the initial payment shall apply and the
price per acre-foot which is applicable to that year. Annual payments for
each year thereafter shall be made by the Applicant on or before each
October 1 at the rate per acre-foot established by the Board for municipal
water allotments in that year.
If an annual payment as herein provided is not made by the due date,
written notice thereof, by certified mail , will be given by the District to
the Applicant at the following address: P.O. Box 580, Fort Collins,
Colorado 80522.
If payment is not made within thirty (30) days after the date of said
written notice, the Applicant shall have no further right, title, or
interest under this contract; and the allotment of water, as herein made,
shall be disposed of at the discretion of the Board of Directors of the
District.
5. As security to the District, the Applicant agrees that the
foregoing covenant of annual payments will be fully met by annual budget
and appropriation of funds from such sources of revenues as may be legally
available to the Applicant.
6. The Applicant agrees that the water allotment shall be
beneficially used for the purposes and in the manner specified herein, and
that this agreement is made for the exclusive benefit of the Applicant and
shall not inure to the benefit of any successors or assigns of the
Applicant without prior specific approval of the Board of Directors of the
District.
7. The Applicant agrees to be bound by the provisions of the Water
Conservancy Act of Colorado; by the Rules and Regulations of the Board of
Directors of the District; and by the Repayment Contract of July 5, 1938,
between the District and the United States and all amendments thereof and
supplements thereto.
8. The Applicant agrees, as a condition of this contract, to enter
into an "Operating Agreement" with the District if and when the Board of
the District finds and determines that such an agreement is required by
reason of additional or special services requested by the Applicant and
provided by the District. Said agreement may contain, but not be limited
to, provision for water delivery at times or by means not provided within
the terms of standard allotment contracts of the District; additional
annual monetary consideration for extension of District delivery services
and for additional administration, operation and maintenance costs; or for
other costs to the District which may arise through provision of services
to the Applicant.
Introduced, considered favorably on first reading, and ordered
published this 15th day of December, A.D. 1987, and to be presented for
final passage on the 5th day of January, A.D. 1988.
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of January, A.D.
1988.
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City Clerk VIN