HomeMy WebLinkAbout023 - 07/17/1958 - CONTRACTING FOR THE PURPOSE OF BENEFICIAL USE OF WATERS ON BEHALF OF THE CITY FOR THE EXTENSION AND ORDINANCE NO 23, ,1958
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 IMPROVEMENT OF A SYSTEM OF
WATER N ORKS AND PRESCRIBING THE TFRMS FOR PETITION
FOR AN ALLOTMENT OF WATM TO SAID CITY BY SAID
NORTHERN COLOR�DO WATER CONSERVANCY DISTRICT
WHERE4S, under the constitution and the laws of the
State of Colorado 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 water-
works and said City of Fort Collins thereafter and now oins,
operates and maintains said system of wgterworks for the purpose
of supplying said city and its inhabitants with water, and
WHEREAS, by reason of the anticipated growth of the City
of Fort Collins, the present water supply is inadequate for the
said City and the inhabitants thereof for this growth 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 for
the future of said city and
WHEREAS, the Northern Colorado Water Conservancy District
has advised the City of Fort Collins, that there are fifty-two (52)
acre feet units available to the City of Fort Collins 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 the 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
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
fifty-two (52) acre-feet of water from Northern Colorado Water
Conservancy District and that said system of waterworks of the
City of Fort Collins be improved, enlarged and extended by said
purchase so that t};Le city and the inhabitants hereof may have an
adequate supply of water fo- the future growth
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 allot-
ment 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 WAThR 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 fifty-two (52)
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 or at the tunnel outlet of Soldier Canyon Dam
for the City of Fort Collins and its inhabitants
2 Petitioner agrees to purchase and pay for such portion
of the ahove 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 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 crb dited 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 trans-
ferred 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 Dist-
rict 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
referred to is defined as being one-three-hundred-ten-thousandth
( 11310,000) of the annual supply apportioned for distribution of
said works, as determined by said Board and that all unused
apportionments remaining on November 1st of each year shall be
cancelled
4 Petitioner agrees that said water shall not be limited
to domestic use, but may be applied to any other beneficial use Nith-
in 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 this petition shall be
subject to the repayment contracts between said District and the United
States
CI=ORT
LLINS
Mayor
ATTEST
L4�L
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
52 acre-feet of water is hereby madd 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
Secretary
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 orlcontracts 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, an emergency exists for the preservation of the
public health, peace and safety, and this ordinance shall take effect
upon the passage and publication under and by virtue of the authority
contained in Sections 6 & 7 of Article 2 of the City Charter
Sec 5 The emergency referred to in Section 4 is a fact
that the Northern Colorado Water Conservancy District requests
immediate action on the above petition
Introduced, read at length and adopted by the vote of
__members of the City Council this 17th day of July, A D ,
1958
Mayor
ATTEST
City Clerk