HomeMy WebLinkAbout008 - 02/07/2006 - AUTHORIZING THE DRY CREEK DRAINAGE IMPROVEMENTS PROJECT MASTER AGREEMENT WITH WINDSOR RESERVOIR AND ORDINANCE NO. 008, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE DRY CREEK DRAINAGE IMPROVEMENTS PROJECT MASTER
AGREEMENT WITH WINDSOR RESERVOIR AND CANAL COMPANY, LARIMER AND
WELD IRRIGATION COMPANY, LARIMER AND WELD RESERVO
IR COMPAN
Y, AND
WATER SUPPLY AND STORAGE COMPANY, AND AUTHORIZING CONVEYANCE OF
CERTAIN REAL PROPERTY INTERESTS IN CONNECTION THEREWITH
WHEREAS, the primary purpose of the Dry Creek Drainage Improvements Project (the
"Project")is to attenuate the 100-year flood threat in the D Creek drainage area basically
rY g y west and
northwest of Fort Collins, Colorado, for the benefit of the general public and generally to provide
additional protection from damage and impairment from flood impacts for certain ditch and reservoir
systems and facilities in the Dry Creek drainage area; and
WHEREAS,the"Project"includes modifications to Douglas Lake spillway,construction of
spillway structures in the Larimer County Canal and the Larimer and Weld Canal, construction of
two detention ponds,installation of a sensing and control system,construction of an irrigation water
supply pipeline from Reservoir No. 4 to Terry Lake, and construction of open channels to carry
stormwater flows from the Larimer and Weld Canal to the existing Dry Creek channel near the
intersection of Timberline Road and Mulberry Street; and
WHEREAS, many aspects of the "Project' involve construction or other activities in and
around the reservoir, ditch and other facilities of a number of irrigation and reservoir companies,
including Windsor Reservoir and Canal Company, Larimer and Weld Irrigation Company,Larimer
and Weld Reservoir Company, and Water Supply and Storage Company(collectively referred to as
the"Irrigation Companies"); and
WHEREAS, in addition to the design and construction of the "Project' improvements, the
ongoing success of the "Project' is dependent upon the future cooperation and support of the
Irrigation Companies and their willingness to grant certain access and other rights to the City; and
WHEREAS,City staff has negotiated terms and conditions of proposed agreement that will
provide for the ongoing cooperation and support of the Irrigation Companies and set forth the rights
and responsibilities of the Irrigation Companies and the City, which agreement, entitled the "Dry
Creek Improvements Project Master Agreement",and dated January 13,2006,is on file in the Office
of the City Clerk and available for review (the"Master Agreement'); and
WHEREAS, in addition to various grants to the City,the Master Agreement includes certain
provisions that allow for limited use by certain of the Irrigation Companies of specified permanent
improvements constructed by the City pursuant to the Master Agreement; and
WHEREAS,pursuant to the Master Agreement the City has the right to terminate the Master
Agreement,provided that in the event of termination certain of the improvements constructed by the
City and related real property interests, as applicable, would transfer to one or more of the Irrigation
it
Companies; and
WHEREAS,Section 23-11 l(a)ofthe City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of real property owned by the City, including permanent
structures constructed thereupon,provided the City Council first finds by ordinance that any sale or
other disposition of real property owned by the City is in the best interest of the City of Fort Collins;
and
WHEREAS, Section 23-111(b) of the City Code provides that the Council is authorized to
dispose of real property which is part of any of the City's utility systems,provided the Council finds
that anydisposition of such real property will not materially impair the viability of the affected utility
system as a whole and that it will be for the benefit of the citizens of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the grant and transfer of the above-described rights to City stormwater
property as described in the Master Agreement, including the transfer of certain improvements to
the associated Irrigation Companies in the event the City chooses to terminate the Master Agreement,
is in the best interest of the City of Fort Collins, will not materially impair the viability of the
stormwater utility system as a whole, and will be for the benefit of the citizens of the city.
Section 2. That the City Manager is hereby authorized to execute the Master Agreement
consistent with the terms of this Ordinance, together with such modified or additional terms and
conditions as the City Manager, in consultation with the City Attorney, determines to be necessary
or appropriate to protect the interest of the City or the stormwater utility.
Introduced, considered favorably on first reading, and ordered published this 17th day of
January, A.D. 2006, and to be presented for final passage on the 7th day of February, A.D. 2006.
May
ATTEST:
City Clerk
Passed and adopted on final reading this 7th daVMayo
A.D. 2006.
ATTEST:
City Clerk