HomeMy WebLinkAbout080 - 12/14/1972 - APPLY AND CONTRACT FOR BENEFICIAL USE OF WATER ON BEHALF OF THE CITY AND PRESCRIBING THE TERMS FOR A t 1
ORDINANCE NO 80, 1972,
AN ORDINANCE TO APPLY AND CONTRACT FOR BENEFICIAL USE
OF WATER ON BEHALF OF THE CITY OF FORT COLLINS, COLORADO,
A MUNICIPAL CORPORATION, AND PRESCRIBING THE TERMS FOR
APPLICATION FOR AN ALLOTMENT OF WATER TO SAID CITY OF
FORT COLLINS BY NORTHERN COLORADO WATER CONSERVANCY
DISTRICT
WHEREAS under the Water Conservancy Act of Colorado, Chapter 150-5 of
the Colorado Revised Statutes of 1963, 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 Northern Colorado Water Conservancy District,
shall be ordinance, authorize and direct the Mayor and City Clerk
to apply to the Board of Directors of said District for such water allotment
contract
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
COLLINS, COLORADO
Section 1 That the City of Fort Collins elects to apply for an allotment
contract providing for the beneficial use of Five Hundred Thirty-nine (539)
acre-feet of water from Northern Colorado Water Conservancy District
Section 2 That the Mayor and City Clerk be and are
hereby authorized and directed to apply to the Board of Directors of said
Northern Colorado Water Conservancy 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 this section provided, -to-wit
s
APPLICATION TO
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
FOR
WATER ALLOTMENT CONTRACT
Applicant, The City of Fort Collins, a Colorado municipal corporation,
hereby applies to Northern Colorado Water Conservancy District, a political sub-
division of the State of Colorado, organized and existing by virtue of Chapter
150-5, Colorado Revised Statutes, 1963 for an allotment contract for beneficial
use of water under the following terms and conditions
1 The quantity of water herein requested by Applicant for annual application
to beneficial use is Five Hundred Thirty-nine (539) 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 said District shall be for domestic, irrigation, or
industrial use within or through facilities or upon lands owned or served
by said 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 Northern Colorado Water Conservancy District
3 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 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 ter-
minate upon release of water from said works Further, the Applicant agrees
that on November 1 of each year, any water undelivered from the annual quan-
tity made available to the Applicant shall revert to the water supplies of
the District
4 Applicant agrees to pay annually for the amount of water herein
allotted by the Board of Directors of said 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 due date,
written notice thereof, by certified mail , will be given by said District
to the Applicant at the following address City Hall, 300 LaPorte Avenue_
Fort Collins, Colorado 80521
If payment is not made within thirty (30) days after the date of said
written notice, 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 said 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 appropri-
ation of funds from such sources of revenues as may be legally available to
said Applicant
6 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 said Applicant without prior specific
approval of the Board of Directors of said District
7 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 said
District, and by the repayment contract of July 5, 1938, between said District
and the United States and all amendments thereof and supplements thereto
8 Applicant agrees, as a condition of this contract, to enter into an
"Operating Agreement" with said District if and when the Board of said Dis-
trict 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
t �
Section 3 In the opinion of the City Council of the City of Fort
Collins, the acquisition of a water allotment contract from Northern Colorado
Water Conservancy District and the right to the beneficial use of water thereunder
by said City of Fort Collins is necessary, that the continued acquisition and
use of this water supply is essential for the well-being of the community and
for the preservation of the public peace, health, and safety, and that the
adequate protection of the health of the inhabitants of the community requires
an immediate increase in Applicant's water supply It is, therefore, declared
that an emergency exists, that this ordinance shall take effect as an emergency
measure and that it shall be published in the manner and shall take effect
as provided by the statutes of the State of Colorado or charter of the Applicant
Introduced, considered favorably on first reading, and ordered
published this 22nd day of November, A D 1972, and to be presented for final
passage on the 14th day of December, A D 1972
d_aA�o 9 e
mayor
\ATTEST
-City clerk
Passed and adopted on final reading this 14th day of December,
A D 1972
Mayor
ATTEST
71t
L - "_ u
ORDER ON APPLICATION
Application having been made by or on behalf of all parties interested
in the water allotment and after a Hearing by the Board, it is hereby ORDERED
that the above application be granted and an allotment contract for 539 acre-
feet of water is hereby made to the City of Fort Collins, a Colorado municipal
corporation, for the beneficial uses set forth in said application upon the
terms, conditions, and manner of payment as therein specified
NORTHERN COLORADO WATER CONSERVANCY
DISTRICT
By
President
I hereby certify that the above Order was entered by the Directors
of Northern Colorado Water Conservancy District on the day of ,
A D 197_
ATTEST
Secretary
APPLICATION TO
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
FOR CANCELLATION OF TEMPORARY USE PERMITS
The City of Fort Collins hereby applies for the cancellation of the following
Temporary Use Permits
Permit or Renewal Dated Acre-Feet
Permit -- February 11 , 1972 5
Permit -- March 10, 1972 209
Permit -- July 14, 1972 5
Permit -- July 14, 1972 300
Permit -- July 14, 1972 20
Total Quantity to be Released 539
Dated at Fort Collins , Colorado, this 22nd day of November 1972
CITY OF FORT COLLINS
ATTEST
J
ORDER ON APPLICATION
Application having been made by the of
for the cancellation of the above Temporary Use Permits, and Hearing having been
held by the Board of Directors of Northern Colorado Water Conservancy District,
it is hereby ORDERED that the above Temporary Use Permits be cancelled
Dated the day of , 1972
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
President
ATTEST
Secretary