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HomeMy WebLinkAbout012 - 12/21/1951 - CONTRACTING FOR THE PURCHASE OF BENEFICIAL USE OF WATERS ON BEHALF OF THE CITY FOR THE EXTENSION AND ORDINANCE NO 12 AN ORDINANCE TO CONTRACT FOR THE PURCHASE OF BENEFICIAL USE OF WATERS ON BEHALF OF THE CITY OF PORT COI,LINS, COLORADO, A MUNICIPAL CORPORATION, FOR THE EXTENSION AND IMPROVEMENT OF A S15TEM OF WATERWORKS AND PRESCRIBING THE TERMS FOR PETITION FOR AN ALLOTMENT OF WATER TO SAID CITY BY-SAID NOP2HERN COLORADO WATER CONSERVANCY DISTRICT, AND DECLARING AN EMERGENCY WHEREAS, under the constitution and the laws of the State of Colo- rado as heretofore and now in force, and the requisite approving vote of a majority of the properly qualified voters of the City of Fort Collins, who are tax payers under the law, at a municipal election heretofore duly 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 inhabitants 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 purchase 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 WHEREAS, under the Water 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 said District for an allotment of water. nr 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 two thousand (2000) acre-feet of water from Northern Colorado Water Conservancy District and that said system of waterworks of the City of Fort Collins be unproved, enlarged and extended by said purchase so that the city and the inhabitants hereof may have an adequate supply of water Sec 2 That the Mayor and City Clerk be and they are hereby authorized and directed to petition the Board of Directors of said 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-wit "PETITION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR ALLOTMENT OF WATER" 1 The petitioner, CITY OF FORT COLLINS, COLORADO, a municipal corporation, elects to purchase and hereby applies for the allotment of the beneficial use of an additional two thousand (2000) 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 allotted by the Board of Directors of said District at the price to be fixed annually !by said Board, in installments, which with maintenance and operating charges, shall not exceed $1 50 annually (in addition to general taxes as provided in Water Conservancy Act) per acre-foot allotted, and further agrees that all such installments -2- and charges shall 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 provided by law, 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 water for said city, and continue until the costs of the works are paid, and thereafter for maintenance and operating charges only, and petitioner agrees that the Water Conservancy District may, in order to meet the payments to the United States, as required by the Reclamation Law, adopt any financial plan which does 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 re- ferred to is defined as being one-three-hundred-ten-thousandth (1/310,000) of the annual supply apportioned for distribution of said works, as de- termined by said Board and that all unused apportionments remaining on November lst of each year shi]1 be cancelled 4 Petitioner agrees that said water shall not be limited to domestic use, but may be applied to any other beneficial use within said Water Conservancy District. 5 Petitioner agrees to be bound by the provisions of the Water Conservancy Act of Colorado and the rules and regulations of the Board of Directors of said District, and that this petition shall be subject to the repayment contracts between said District and the United States CITY OF FORT COLLINS BY ATTEST Mayor City Clerk -3- 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-feet 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. NORTHERN COLORADO WATER CONSERVANCY DISTRICT BY President ATTEST ecre ary Sec. 3 It shall be the duty of the City Council of said city to carry 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 are paid in full according to the terms of the contract or contracts of repayment between the United States and said Northern Colorado Water 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 preserva- tion of the public peace, health and safety of the community, and 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 water supply. We do therefore declare than 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. -4- Introduced, read at length and adopted by the unanimous vote of all members of the City Council at a regular meeting held this 21st day of December,, A D 1951 Co s oner or Safety icio Mayor ATTEST city Clerk -5- T STATE OF COLORADO) ) ss COUNTY OF LARIMER) I, MILES F HOUSE, City Clerk of the City of Fort Collins, do hereby certify and declare that the foregoing Ordinance, consisting of four (4) sections, was duly proposed and read at length at a regular meeting of the City Council, held on the 21st day of December, A. D 1951, and was duly adopted and ordered published in the Fort Collins Coloradoan, a daily newspaper 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-wits the 26th day of December , A. D 1951, said Ordinance No. 12 , was duly published in the Fort Collins Coloradoan, a daily newspaper published in the City of Fort Collins, Colorado IN WITNESS WHEREOF, I have hereunto set my hand and affixed the a> seal of said City, this 26th day of DAnamha r , A. D. 1951. City Clerk -6..