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HomeMy WebLinkAbout055 - 11/18/1965 - CONTRACTING FOR THE TRANSFER AND PURCHASE OF BENEFICIAL USE OF WATERS ON BEHALF OF THE CITY AND FOR ORDINANCE NO r_z5 , 1965, BEING AN ORDINANCE TO CONTRACT FOR THE TRANSFER AND PURCHASE OF BENEFICIAL USE OF WATERS ON BEHALF OF THE CITY OF FORT COLLINS, COLORADO, A MUNICIPAL CORPORATION, AND FOR THE EXTENSION AND IMPROVEMENT OF A SYSTEM OF WATER WORKS AND PRESCRIBING THE TERMS FOR PETITION FOR AN ALLOTMENT OF WATER TO SAID CITY BY NORTHERN COLORADO WATER CONSERVANCY DISTRICT WHEREAS, under the Water Conservancy Act of Colorado, Chapter 266 of the Session Laws of Colorado of 1937, it is necessary that the City Council of the City of Fort Collins, a Colorado municipal corporation, in order to transfer and purchase the beneficial use of waters from Northern Colorado Water Conservancy 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 a transfer of water allotment NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 That the City of Fort Collins elects to purchase and apply for the allotment of the beneficial use of an additional One Thousand Twenty- four (1,024) acre feet of water from Northern Colorado Water Conservancy District and that said system of water works of the City of Fort Collins be improved, enlarged and extended by said purchase so that the City and the inhabitants hereof may have an adequate supply of water Section 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 a transfer of an allotment of water upon terms prescribed by said Board in the manner and form as in this section provided, to-wit PETITION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR ALLOTMENT OF WATER 1 Applicant, City of Fort Collins, Colorado, a municipal corporation, hereby applies to the Board of Directors of Northern Colorado Water Conservancy District for the allotment of the beneficial use of One Thousand Twenty-four (1,024) acre feet of water to be transferred to said City and to be delivered annually to a delivery point of said District, for the use by the City within the boundaries of said Northern Colorado Water Conservancy District 2 The City agrees to pay for each acre foot so transferred and allotted at a rate to be fixed annually by said Board and, further, agrees that annual payment for the total amount of water transferred to the City shall be made on or before October 1 of each year If such annual payment is not made on the due date, written notice thereof will be given by said District to the City If payment is not made within ten (10) days following the date of said written notice, the City shall have no further right, title or interest under this Application for Transfer and the water herein transferred may be, there- after, disposed of at the sole discretion of the Board of Directors of said District 3 The City agrees to further secure payments to the District by proper appropriations of City funds raised by taxation or received from other funds of the City, as provided by law, and by the payment of such funds on or before October 1 of each year as hereinabove provided 4 Applicant 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 from the works of said District, as determined by said Board and that all unused apportionments remaining on October 31 of each year shall be canceled 5 Applicant agrees that said water shall not be limited to domestic use, butaay be applied to other beneficial uses within said Water Conservancy District Any lands thus receiving benefit from the allotment (whether water service is provided by direct delivery, by exchange, or otherwise) shall be situated within the boundaries of Northern Colorado Water Conservancy District 6 On application of the City and consent and Order of the Board of the District, the City may be relieved of any annual charges and obligation, and the water may thereupon be transferred to other beneficial uses within the District upon such terms and conditions as said Board may find and deter- mine to be in the best interest of the District 7 Applicant agrees to be bound by the provisions of the Water -2- Conservancy Act of Colorado and the Rules and Regulations of the Board of Directors of said District, and that this application shall be subject to the repayment contracts between said District and the United States Section 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 of America and said Northern Colorado Water Conservancy District Introduced, considered favorably on first reading and ordered published this 28°' day of October, A D 1965, and to be presented for final passage on the 18m day of November, A D 1965 Mayor ATTESTS City Cle k Passed and adopted on final reading this 18°° day of November, A D 1965 s Mayor ATTEST 3.ty Cl k .3.