HomeMy WebLinkAbout047 - 04/18/2006 - AUTHORIZING AN ADDENDUM TO THE EXISTING INTERGOVERNMENTAL AGREEMENT WITH THE FORT COLLINS-LOVELAND ORDINANCE NO. 047, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN ADDENDUM TO THE EXISTING INTERGOVERNMENTAL
AGREEMENT WITH THE FORT COLLINS-LOVELAND WATER DISTRICT,
EXTENDING FOR FIVE YEARS THE TIME FOR ANNEXATIONS
OF SUBDIVISIONS TO BE ELIGIBLE UNDER THE AGREEMENT
WHEREAS, in March 2001, the City Council adopted on second reading Ordinance No.
035, 2001, authorizing the Mayor to enter into an Intergovernmental Agreement("IGA")between
the City and the Fort Collins-Loveland Water District ("District") for the Sale and Delivery of
Potable Water; and
WHEREAS, the City and the District entered into the IGA on April 16, 2001; and
WHEREAS,pursuant to the IGA,the City sells and delivers potable water to the District to
then be used by the District to provide water service to the District's customers in approved
subdivisions and developments that are located south of Harmony Road, east of the Union Pacific
Railroad tracks, west of County Road 7 and north of County Road 34 extended east (the "Service
Area"); and
WHEREAS,in addition,pursuant to the IGA,the City collects raw water and fees consistent
with the City's raw water and plant investment fees from those annexing property owners in the
Service Area that opt to arrange for service from the District through the City; and
WHEREAS, it is the expressed intent and understanding of the City and the District that the
only subdivisions and developments in the Service Area that will be eligible to receive the benefit
of the City's obligations under the IGA, and for which the City will be obligated under the IGA, are
those that have been annexed into the City or, if not already annexed,those that are annexed within
five years of the date of the IGA,unless such five year period is extended by mutual agreement of
the parties for up to two additional five year periods as provided in the IGA; and
WHEREAS, the District's raw water requirements for providing water services to its
customers continue to be more costly than the City's raw water requirements because the District's
primary source of water is Colorado Big Thompson Water("CBT Water"); and
WHEREAS,the City owns more diverse water rights including stock in the south-side ditch
companies whose water was historically used to irrigate the agricultural land in the Service Area;
and
WHEREAS, because use of the south-side ditch company stock to satisfy raw water
requirements is a more effective use of water and encourages the development of urban densities
desired by the City in the Service Area, the District and impacted property owners have asked the
City to enter into an addendum extending the initial five year period for annexation of properties
within the terms of the IGA for an additional five year period; and
WHEREAS,pursuant to C.R.S.Sections 29-1-203(1),governmental entities in Colorado are
authorized to cooperate and contract with one another to provide any function, service or facility
lawfully authorized to each of the cooperating and contracting governmental facilities.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the extension of the period for eligible annexations under the IGA for
an additional five year period is in the best interest of the City and its citizens and is necessary for
the public's health, safety and welfare.
Section 2. That the extension of the period for eligible annexations under the IGA and
performance by the City of its associated obligations under the IGA,including the collection of raw
water and fees as therein provided, are hereby approved.
Section 3. That the Mayor is hereby authorized to execute an addendum to the IGA
consistent with the terms of this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 21st day of
March, A.D. 2006, and to be presented for final passage on the 18th day of April, A.D. 2006.
Mayor
ATTEST:
. .
City Clerk
Passed and adopted on final reading this 18th day of April, A.D. 2006.
May Ur
ATTEST:
U ,
City Clerk