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HomeMy WebLinkAbout008 - 02/07/2006 - AUTHORIZING THE DRY CREEK DRAINAGE IMPROVEMENTS PROJECT MASTER AGREEMENT WITH WINDSOR RESERVOIR AND ORDINANCE NO. 008, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE DRY CREEK DRAINAGE IMPROVEMENTS PROJECT MASTER AGREEMENT WITH WINDSOR RESERVOIR AND CANAL COMPANY, LARIMER AND WELD IRRIGATION COMPANY, LARIMER AND WELD RESERVO IR COMPAN Y, AND WATER SUPPLY AND STORAGE COMPANY, AND AUTHORIZING CONVEYANCE OF CERTAIN REAL PROPERTY INTERESTS IN CONNECTION THEREWITH WHEREAS, the primary purpose of the Dry Creek Drainage Improvements Project (the "Project")is to attenuate the 100-year flood threat in the D Creek drainage area basically rY g y west and northwest of Fort Collins, Colorado, for the benefit of the general public and generally to provide additional protection from damage and impairment from flood impacts for certain ditch and reservoir systems and facilities in the Dry Creek drainage area; and WHEREAS,the"Project"includes modifications to Douglas Lake spillway,construction of spillway structures in the Larimer County Canal and the Larimer and Weld Canal, construction of two detention ponds,installation of a sensing and control system,construction of an irrigation water supply pipeline from Reservoir No. 4 to Terry Lake, and construction of open channels to carry stormwater flows from the Larimer and Weld Canal to the existing Dry Creek channel near the intersection of Timberline Road and Mulberry Street; and WHEREAS, many aspects of the "Project' involve construction or other activities in and around the reservoir, ditch and other facilities of a number of irrigation and reservoir companies, including Windsor Reservoir and Canal Company, Larimer and Weld Irrigation Company,Larimer and Weld Reservoir Company, and Water Supply and Storage Company(collectively referred to as the"Irrigation Companies"); and WHEREAS, in addition to the design and construction of the "Project' improvements, the ongoing success of the "Project' is dependent upon the future cooperation and support of the Irrigation Companies and their willingness to grant certain access and other rights to the City; and WHEREAS,City staff has negotiated terms and conditions of proposed agreement that will provide for the ongoing cooperation and support of the Irrigation Companies and set forth the rights and responsibilities of the Irrigation Companies and the City, which agreement, entitled the "Dry Creek Improvements Project Master Agreement",and dated January 13,2006,is on file in the Office of the City Clerk and available for review (the"Master Agreement'); and WHEREAS, in addition to various grants to the City,the Master Agreement includes certain provisions that allow for limited use by certain of the Irrigation Companies of specified permanent improvements constructed by the City pursuant to the Master Agreement; and WHEREAS,pursuant to the Master Agreement the City has the right to terminate the Master Agreement,provided that in the event of termination certain of the improvements constructed by the City and related real property interests, as applicable, would transfer to one or more of the Irrigation it Companies; and WHEREAS,Section 23-11 l(a)ofthe City Code provides that the City Council is authorized to sell, convey or otherwise dispose of real property owned by the City, including permanent structures constructed thereupon,provided the City Council first finds by ordinance that any sale or other disposition of real property owned by the City is in the best interest of the City of Fort Collins; and WHEREAS, Section 23-111(b) of the City Code provides that the Council is authorized to dispose of real property which is part of any of the City's utility systems,provided the Council finds that anydisposition of such real property will not materially impair the viability of the affected utility system as a whole and that it will be for the benefit of the citizens of the city. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the grant and transfer of the above-described rights to City stormwater property as described in the Master Agreement, including the transfer of certain improvements to the associated Irrigation Companies in the event the City chooses to terminate the Master Agreement, is in the best interest of the City of Fort Collins, will not materially impair the viability of the stormwater utility system as a whole, and will be for the benefit of the citizens of the city. Section 2. That the City Manager is hereby authorized to execute the Master Agreement consistent with the terms of this Ordinance, together with such modified or additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interest of the City or the stormwater utility. Introduced, considered favorably on first reading, and ordered published this 17th day of January, A.D. 2006, and to be presented for final passage on the 7th day of February, A.D. 2006. May ATTEST: City Clerk Passed and adopted on final reading this 7th daVMayo A.D. 2006. ATTEST: City Clerk