HomeMy WebLinkAbout010 - 09/23/1948 - CONTRACTING FOR THE PURCHASE OF BENEFICIAL USE OF WATERS ON BEHALF OF THE CITY FOR THE EXTENSION AND ORDINANCE 110 10 , 1948
AN ORDINANCE TO CONTRACT FOR THE PURCHASE
OF BENEFICIAL USE OF WATERS ON BEHALF OF THE
CITY OF FORT COLLINS, COLORADO, A MUNICIPAL
CORPORATION, FOR THE EXTENSION AND IMPROVE-
zk&jT OF A SYSTEM OF WATERWORKS AND PRESCRIB-
ING THE TERMS FOR PETITION FOR AN ALLOTMENT
OF WATER TO SAID CITY BY SbID NORTHERN COLO-
RADO WATER CONSERVANCY DISTRICT, AND DECLAR-
ING AN EMERGENCY
WHEREAS, under the constitution and the laws of the
State of Colorado as heretofore and now in force, ana the
requisite aporoving vote of a majority of the properly quali-
fied voters of the City of Fort Collins, who are tax payers
under the law, at a municipal election heretofore auly had and
taken in full compliance with all constitutional and statutory
requirements, the City of Fort Collins was duly authorized and
did erect a system of waterworks and said City of Fort Collins
thereafter and now owns, operates and maintains said system of
waterworks for the purpose of supplying said city and its in-
habitants with water, and
WHEREAS, by reason of the growth of the City of Fort
Collins, the present water supply is inadequate for the said
city and the inhabitants thereof and it is necessary to pur-
chase additional water in order to supply the said city and
the inhabitants with a proper adequate supply of water and to
provide for a water supply for the future growth of said city,
and
vdHEREAS, under the Dater Conservancy Act of Colorado,
Ch 266, Session Laws, Colorado 1937, it is necessary that the
City Council of the City of Fort Collins, in order to purchase
the beneficial use of waters from said district, shall by
ordinance, authorize and direct the Mayor and City Clerk of
said city to petition the Board of Directors of saia District
for an allotment of water
-1-
NOW THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Sec 1 That the City of Fort Collins elects to
purchase and apply for the allotment of the beneficial
use of an additional tnree thousand (3000) acre-feet of water
from Northern Colorado Water Conservancy District and that
said system of waterworks of the City of Fort Collins be im-
proved, enlarged and extended by said purchase so that the
city and the inhabitants hereof may have anadequate supply
of water
Sec 2 That the Mayor and City Clerk be and they
are 'iereby authorized and directed to petition the Board of
Directors of saia Northern Colorado Water Conservancy District
for an allotment of water upon the terms prescribed by said
Board in the manner and form as in this action provided,
to-lilt
TIPETITION TO
NORTHERN COLORADO WATER CONSERVANCY
DISTRICT FOR ALLOTMENT OF WATERtf
1 The petitioner, CITY OF bORT COLLINS, COLORADO, a
municipal corporation, elects to purchase and hereby applies
for the allotment of the beneficial use of an additional tnree
thousand (3000) acre-feet of water, or such portion thereof, as
may be allotted to be delivered annually from the works of said
District into the Cache la Poudre River for the City of Fort
Collins and its inhabitants
2 Petitioner agrees to purchase and pay for such
portion of the above amount of water as may be allotited
by the Board of Directors of said District at the price to
be fixed annually by said Board, in installments, which
witn maintenance and operating charges, shall not exceed
-2" 1,
$1 50 annually (in addition to general taxes as pro-
vided in dilater Conservancy Act) per acre-foot allotted,
and further agrees that all such installments and charges
snall be raised by taxation from property within said
City of Fort Collins, less any amount paid or undertaken to
be paid in cash or credited thereto by payments from the
funds of said City of Fort Collins, as providea by laces,
petitioner agrees that said City may, on application and
upon consent and order of the Board, be relieved of such
taxes and the water, when payment is secured by proper
tax liens, be transferred to lands within the District
Petitioner agrees that said payments shall begin in the
year following completion of the works and delivery of rater
for said city, and continue until the costs of the works
are paid, and thereafter for maintenance and operating charges
onli, and petitioner agrees that the dilater Conservancy District
may, in order to neet the payments to the United States, as
required by the Reclamation Law, adopt any financial plan which
noes not increase said annual payment of $1 50 per acre-foot,
or require additional security of said city
3 Petitioner agrees that an acre-foot of water
as herein referred to is defined as being one-three-hundred-
ten-thousandth (1/310,000) of the annual supply apportioned
for distribution of said works, as determined by said Board
and that all unused apportionments remaining on November lst
of each year shall be cancelled
4 Petitioner agrees tnat said water shall not be
limited to aomestic ase, but may be applied to any other
-3-
beneficial use within said Water Conservancy District
5 Pe+itioner agrees to be bound b = the sro-
visions of the Water Conservancy Act of Colorado and the
rules and regulations of the Board of Directors of said
District, and tnat this petition shall be subject to the
repayment contracts between said District and the United
States
CITY OF FORT GOLLINS
BY
-------- ---------
1AYOR
ATTEST
City Clerk
ORDER ON PETITION
Due notice having been given and hearing had,
it is ORDERED that the above petition be granted and an
allotment of -`--_---acre-foot of water is
hereby made to the city therein described, upon the terms,
at the rates and payable-in the manner as in said petition
set forth
AORTHEM COLORADO WATER CONSERVANCY DISTRICT
BY
-----------
President
ATTEST
--- ---------
Secretary
Sec 3 It shall be the-duty of the City Council
of saica city to earrf out the provisions of this ordinance
and the laws of the State of Colorado relating thereto and
this ordinance shall be and remain irrepealable until the
costs of said works of the said Water Conservancy District
-4-
I
are paid in full according to the terms of the contract
or contracts of repayment between the United States and
said Northern Colorado grater Conservancy District
Sec 4 In the opinion of the City Council of the
City of Fort Collins, the purchase of said water and the
extension of the waterworks system of the City of Fort
Collins is necessary for the immediate preservation of
the public peace, health and safety of the community, ana
for the reason that the health of the people of the City
of Fort Collins and the adequate protection of the City
and the inhabitants thereof, demand an increase in the
war supply We do therefore declare tnat an emergency
exists and that this ordinance shall take effect upon its
passage under and by virtue of the authority contained in
Sections 6 and 7 of Article IV of the City Charter
Introduced, read at length and adopted by the
unanimous vote of all members of the City Council at a
regular meeting held this_23?'d----day of September__,_,
A D 1948
624
_____
Col issloner of Safety nd Ex-Officio
Mayor
ATTEST
Gtty Clerk
-5-
STATE OF COLORADO)
SS
COUNTY OF LARIMER)
I. MILES F HOUSE, City Clerk of the City of
Fort Collins, do hereby certify and aeclare that the
foregoing Ordinance, consisting of four (4) sections, was
duly proposed and read at length at a regular adjourned
meeting of the City Council, held on tne_---_dav of Sep-
tember, A D 1948, and was duly adopted and ordered published
in the Fort Collins Coloradoan a
-------------------------- ---dam-------
n ewspaper and an official newspaper of the City of Fort Collins,
by the unanimous vote of all members of the City Council, as
an emergency ordinance, in accordance with the provisions of
Sections 6 and 7 of Article IV of the City Charter and thereafter
and on to-wit the 28th _day of September -__, A D 1948, said
Ordinance No _ 10 was duly published in
Fort Collins ------�Coloradoan a a,�—_newspaper pub-
------- --
lished in the City of Fort Collins, Colorado
Iid VITyESS UvhEiiEOF, I have hereunto set my hand and
affixed the seal of said City, t111s_28th —aay of September
A D 1948
Hty Clerk —