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HomeMy WebLinkAbout031 - 06/03/1975 - TO APPLY AND CONTRACT FOR BENEFICIAL USE OF WATER ON BEHALF OF THE CITY AND PRESCRIBING THE TERMS FO ORDINANCE NO 31 1975 BEING AN ORDINANCE TO APPLI—AND CONTRACT rOR BENEFICIAL USE OF WATER ON BEHALF OF THE CITY OF FORT COLLINS COLORADO A MUNICIPAL CORPORA- TION AND PRESCRIBING THE TERMS FOR APPLICATION FOR AN ALLOTMENT OF WATER TO SAID CITY OF FORT COLLINS BY MUNICIPAL SUBDISTRICT NORTHERN COLORADO WATER CONSERVANCY DISTRICT WHEREAS under the Water Conservancy Act of Colorado (Title 37 Article 45 of the Colorado Revised Statutes of 1973) it is necessary that the City Council of the City of Fort Collins Colorado a municipal corporation (hereinafter called "Applicant ') in order to obtain an allotment contract for the beneficial use of water from Municipal Subdistrict 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 allotment contract NOW THEREFORE BE IT ORDAINED BY THE 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 eighty (80) units of water from Municipal Subdistrict 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 the said Municipal Subdistrict Northern Colorado Water Conser- vancy 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 PETITION TO MUNICIPAL SUBDISTRICT, NORTHERN COLONADO WATER CONSERVANCY DISTRICT FOR WATER ALLOTMENT CONTRACT Petitioner THE CITY OF FORT COLLINS COLORADO a munieip-)l corporation of the State of Colorado (hereinafter called "Petitioner") hereby petitions the Municip-il Subdistrict Northern Color-)do Water Conservancy District, a political ,ubdivision of the State of Colorido and a body corporate with all the powers of a public or municipal corporation (hereinafter called "Subdistrict") , organized and existing by virtue of Title 37 Article 45 Colorado Revised Statutes, 1973, as amended, for an allotment contract pursuant to 37-45-123 C R S 1973 for the beneficial use of water under and pursuant to the following terms and conditions 1 Definitions The following definitions shall apply (a) "Acre-foot" shall mean 43 560 cubic-feet of water and any volume of water delivered by the Subdistrict will be com- puted on the assumption that a flow of one cubic-foot of water per second of time will equal two acre-feet in twenty-four hours (b) "Board" shall mean the Board of Directors of the Subdistrict (c) "Carriage Contract" shall mean that contract entered into on October 3 1973 between the Subdistrict the Northern Colo- rado Water Conservancy District and the United States of America for the purpose of utilizing the unused capacity of the facilities of the Colorado-Big Thompson Reclamation Project for the carriage of water developed by the Subdistrict (d) "Delivered water" is that Subdistrict water delivered to Petitioner for use by the Petitioner (e) "Entity" shall mean any public corporation, person mutual ditch company, water users' association or private corporation (f) ' Operating Agreement ' shill mean an agreement required by the Subdistrict for provision of additional or special services that may be requested by Petitioner and which can be provided by the Subdistrict Said agreement may contain but not be limited to provisions for water delivery at times or by means not provided for by the Colorado-Big Thompson System and may include provisions for additional annual monetary consideration for extension of Subdistrict delivery services and for additional administration operation and maintenance costs or for other costs of Subdistrict which may arise from services to Petitioner not otherwis provided for under this contract (g) "Project water" shall mean all water that accrues to the use of the Northern Colorado Water Conservancy District or its allottees by reason of the Colorado-Big Thompson Reclamation Project (h) "Subdistrict vrater" shall mean the quantity of water acquired and obtained by the Subdistrict from the development and construction of the Windy Gip Project pursuant to -ipplicable state law and which the ,,ubdi to ct introduces into the project system either dire(lly or hl Pxchinge and which Is deliverable to the Subdi trrcl through the project works (I) "Unit" shall mein 1/480th of the Subdistrict wat,_r supply annually nri& -)variable or distribution by the Board 0) "Water YLai" shill mein th period from November I of one calcridar year lhiough October 31 of the next succeeding calendar year -2- (k) "Mindy G-ip Project" shall mein LhaL project under development including the acquisition and peifection of water riohts to be constructed by the Subdistrict for the diver,ion of waters from the Colorado River at or near its confluence with the Fraser River and carriage of this Subdistrict water to the Eastern Slope for beneficial use pursuant to the terms of the Carriage Contract For purposes of this contract said Project is defined as those facilities necessary to divert, pump store regulate and introduce into the Colorado-Big Thompson Project that quantity of Subdistrict water which will produce an average deliverable quantity of water equal to approximately 48 600 acre-feet per water year 2 Quantity of Water Petitioner petitions for eighty (80) units of Subdistrict water for annual delivery upon completion of construction of the Windy Gap Project and so long thereafter as the Petitioner fully complies with all the terms conditions and obligations hereinafter set forth but In no event for a term less than the period required for the , payment of bonds or other fixed indebtedness incurred by the Subdistrict for the Windv Gan Project during any period prior to transfer of a part or all of PetiLioner's allotment to an entity within the Subdistrict 3 Use of Water Petitioner agrees that any Subdistrict water allotted by the Board shall be for domestic irrigation municipal and industrial use within or through facilities or upon lands owned or served by said Petitioner provided however that ( i) all lands facilities and ser- vice 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 Subdistrict or as otherwise provided by law and ( ii) said water may be seasonally transferred by Petitioner for such uses within said boundaries Nothing herein shall prevent the Petitioner from reusing Subdistrict water by direct delivery exchange or otherwise provided the use thereof is for benefit of lands facilities and service areas within the boundaries of the Subdistrict or as otherwise provided by law 4 Dellvery of Subdistrict Water Pursuant to terms of the Carriage Contract the introduction storage carriage and release of Subdis- trict water into through or from the Colorado-Big Thompson Project System and the manner of delivery measurement and accounting therefor shall be in accordance with procedures in use between the United States and Northern Colorado Water Conservancy District for the delivery of Project Water or as such procedures are herein or may hereafter be modified by agreenent of the parties Deliveries of Subdistrict water to Subdistrict and its -111oLtocs shall be made by the United States and the Northern Colorado Water Con ervancy District at Project System delivery points Any release of water from the Colorado-Big Thompson Project System foi delivery to or for any entity within the Subdistrict shall be deemed to have been made from deliverable Subdistrict water to the extent thit the Petitioner is entitled thereto No Project water shall be delivered to the Petitioner while a Subdistrict water balance remains in the Project System to the ciedit of the Petitioner, -3- provided however ( i) that this IimiL-ition shall not restrict the seasonal rentil transfer or exchange of Project water before Peti - tioner s Subdistrict water is fully used and ( ii) th3t this limitation shill not apply to parties to whom such Project water is transferred or exchanged nor shill it res Li act Petitioner in its use of Project water outside of the Subdistrict boundaries No part of Petitioneiis Subdistrict water shall be delivered to another entity without written authorization of Petitioner 5 Annual Asse merits Petitioner -igrees to pay the following special assessment is provided for in 37-I15 123 C R S 1973 a Upon execution of thi ., contract and 3nnu311y thereafter an amount pea unit 3s 311ociLed by this contract equ31 to 1/1130Lh of the sum of ( F) the innuil charge required to pay tho principal inLoFc L ind premium if viy on bonds issued of other fixed ind( bLednCSs incurred by Subdistricl to firnnce the 3cqui51Lion vxl construction of Lhr Windy Gap Project ( ii) the annual costs exclusive of those co is set forth in Paragraph c of thi . Article incurred by Sub- district in the administration operation maintenance repair and rehabilitation of Windy Gap facilities and such other annual costs as may arise from and be attributable to the operation of Windy Gap Project ( ili) an annual amount to establish and maintain a reserve equal to the maximum principal and interest due or to become due in the succeeding year on all outstanding bonds or other fixed indebtedness of the Subdistrict ( rv) such an annual amount, as the Board shall determine to be necessary to establish dnd maintain an operatiuy and maintenance reserve equal to eighteen months operating and maintenance costs and (v) such other reserves as the Board shall determine are necessary for operation maintenance renewal or replacement of Subdistrict facilities b Upon execution of this contract prior to actual project construction and issuance of any bonds an amount annually per unit equal to 1/480th of those preconstruction costs incurred for administration preliminary and final design, right-of-way acquisition and other such necessary items Each year on or before August i the Subdistrict shall fur- nish Petitioner with an estimate of any such costs in the form of a proposed Subdistrict budget for the following Water Year A statement of charges for this assessment will be rendered to Petitioner by the Subdistrict by January 10 of each year and payment will be due from Petitioner within ninety (90) days following receipt of such statement e Upon delivery of Subdistrict water and annually thereafter an amount per acre-foot e.,limated by Petitioner in accordance with Article 6 hereof to be required for delivery to Petitioner Said amount shall be the surn of ( i ) the annual per acre-foot carriage charge levied in accordance with the Carriage Contract -4- and (it) an annual per acre-foot charge for the energy costs incurred in the operation of those Windy Gap Project facilities required to divert pump store or intioduce such water into the Colorado-Big Thompson Project for carriage and delivery to the Subdistrict 6 Estimated Demand and Delivery Schedule Commencing in the water year in which Subdistrict water is physically available for delivery to Petitioner and on or before August 1 of each year thereafter Peti- tioner shall provide Subdistrict with an estimated demand and delivery schedule not to exceed the amount allotted herein for its Subdistrict water for the following hater Year This ,chedule shall contain the time delivery points and quantities of water which Petitioner estimates it shall require This schedule nray be modified from time to time as the need warrants within the physical capabilities of the delivery system and subject Lo advance payment by the Petitioner of the charges established in Article 5(d) of the Carriage Contract 7 E,timate Statement Subdistrict shall furnish Petitioner with an estimate statement of anticipated assessments required under Article 5(a) or 5(c) hereof or both on or before Augu t 31 of each year which statement shall be used by Petitioner for budgeting purposes for the following fiscal year 8 Payment of Choiges On or before Much I of each year Subdistrict shall rendei -i billing tatement to Petitioner for payment of charges and costs based upon c timated dunand for that year as set forth in Article 6 hereof The estimaLed a,,se ment shill be based upon actual costs incur ed ouring the p n.vious Water Year plus such additional amounts rea^onibly attributable to inflaLion Any credit from the previous WaLer Year or any additional ch-ugrs from he previous Water Year shall be includrd in the billing toLemcnt rendered Petitioner shall pay the net charges hown on the billing statement of estimated assessments on or before April l after receipt of statement 9 Security As security to the Subdistrict , the Petitioner agrees to be bound by the provision, of 37-45-123 C R S 1973 ind that the fore- going covenant of annual payments will to met from assessments levied by the Subdistrict pursuant to 37-45-123 C R S 1973 or at the option of the Petitioner such annual payments may be fully or par- tially met by appropriation of funds from such sources of revenue as may be legally available to said Petitioner for such purpose Further, the Petitioner -agrees to continue to make the annual payment,, as defined in Article 5 of this contract for those units of Subdistrict water alloLted to it and for which Petitioner is obligated by the adoption of an ordinance, which ordinance expressly shall not be repealable until all bondc� indebtedness of the Subdistrict incurred during any period prior to transfer of a part or all of Petitioner's allotment is paid in full according to the terms of any bond indenture or other indenture issued by Subdistrict -5- 10 Beneficial Use of Water Petitioner agrees that the water allotment shall be beneficially used for the purposes and in the manner specified herein and this contract is made for the exclusive benefit of the Petitioner and shall not inure to the benefit of any successors or assigns of said Petitioner without prior specific approval by the Board 11 Operating Agreement The Petitioner shall as a condition to receiving requested additional or special services under this contract enter into an operating agreement with Subdistrict if and when the Board finds and determines that such an agreement is required 12 Guaranteed Delivery Date If Subdistrict water has not been introduced Into the Colorado Big Thompson Reclamation Project on or before Novem- ber 1 , 1988, this petition shall automatically terminate and be of no further force and effect unless the termination date contained in Article 2(b) of the Carriage Contract is extended in which event the termination date herein contained shall be extended automatically to conform with the termination date as so amended provided however, that if prior to such termination date the Subdistrict shall Incur bonded or other fixed indebtedness in connection with the acquisition and construction of the Windy Gap Project the Petitioner shall not be relieved of its obligation under this contract for the payment of prin- cipal interest and premium if any on such bonds or other fixed indebtedness If this Petition terminates as provided in this Article, Petitioner shall share in the proceeds of any sale of assets including conditional decrees of water in proportion to the share its allotment bears to the then total sum of all allotments of the Subdistrict 13 _limitations on Rights of Petitionci In addition to all the other terms conditions and covenants contained herein it is specifically understood and agreed by and between the parties hereto that the rights of the Petitioner hereunder are subject to the following terms, conditions and limitations to all intents and purposes as though set forth verbatim herein and made a part hereof by reference, to-wit a The Water Conservancy Act of Colorado b The Carriage Contract dated October 3 1973 between Subdistrict the Northern Colorado Water Conscrvancy District and the United States of America provided, that if any amendment is proposed which would affect the right of Petitioner to reuse Subdistrict water the approval of uch amendment shall first be obtained from the Petitioner e The Rules and Regulations of the Doard 14 Tran. fer of Allotment If Petitioner with approval of the Board tian fers I pail. of its allotment to another entity within the Sub- dlsU ict Petitioner shall be relieved of it oblig tions hereundci to the extent of said transfer except as otherwise provided herein If Petitioner with approval of the Board flan fers all of its allot- ment to anothc,r entity within the Subdi trict Petitioner shall no longer participate in the. Windy Gap Projcet and the Petitioner shall be rellevFd of its obligation, except as otherwise provided herein -6- 15 Futute Particlpition Nothing herein ,hall be construed in any manner that %%ill obligate Petitioner to piiticipate In any future or other project of the Subdistrict or preclude Petitioner from participation therein THE CITY OF FORT COLLINS COLORADO A Municipal Corporation Name of Applicant ATTEST ByC)eal-e City Clerk) ayor) ORDER ON APPLICATION Application having been made by as a party interested in a water allotment from Subdistrict and after a hearing by the Board, it is hereby ORDERED that the above application be granted and an allotment contract for units of water is hereby made to for the beneficial use as set forth in said application and upon the terms, conditions and manner of payment as therein specified MUNICIPAL SUBDISTRICT NORTHERN COLORADO WATER CONSERVANCY DISTRICT By President 1 hereby certify that the above order was entered by the Board of Directors of Municipal Subdistrict Northern Colorado Water Conservancy District, on the day of , A D 1975 ATTEST Secretary -7- J Section 3 This ordinance shall not be repealable until all bonded indebtedness of the Municipal Subdistrict incurred during any period prior to the transfer of a part or all of the City of Fort Collins allotment is paid in full according to the terms of the bond indenture or other indenture issued by the Municipal Subdistrict Northern Colorado Water Conser- vancy District Introduced considered favorably on first reading and ordered published this 3rd day of June A D 1975 and to be presented for final passage on the 17th day of June A D 1975 C�Liz�d Le_z& ATTEST Mayor City Clerk Passed and adopted on final reading this 17th day of June A D 1975 ,ATTEST - Mayor ro zem l� City-Clerk -8-