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HomeMy WebLinkAbout005 - 02/28/1957 - CONTRACTING FOR THE PURCHASE OF BENEFICIAL USE OF WATERS ON BEHALF OF THE CITY FOR THE EXTENSION AND s ORDINANCE NO , 1957 AN ORDINANCE TO CONTRACT FOR THE PURCHASE OF BENEFICIAL USE OF WATERS ON BEHALF OF THE CITY OF FORT COLLINS, COLORAD02 A MUNICIPAL CORPORATION, FOR THE EXTENSION AND IMPROVEMENT OF A SYSTEM OF WATER WORKS AND PRESCRIBING THL TERMS FOR PETITION FOR AN ALLOTMENT OF WATER TO SAID CITY BY SAID NORTHERN COLORADO WATER CONSERVANCY DISTRICT WHEREAS, 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 dLd erect a system of water. works 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 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, 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 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 four thousand (4000) acre-feet of water from Northern Colorado Water Conservancy District and that said system of waterworks of the City of Fort Collins be improveds enlarged and extended by said purchase so that the city and the inhabitants hereof may have an adequate supply of water for 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 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 four thousand (4000) 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 abo#e 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 credited thereto by -2- 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 District may, in order to meet the paymentsfio 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 lst 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 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 this petition shall be subject to the repayment contracts between said District and the United States CITY OF/FORT COLLINS BY ' Mayor ATTEST 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 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 or contracts of repayment between the United States and said Northern Colorado Water Conservancy District Introduced, considered favorably on first reading and ordered published this 7th day of February , A D 1957 Mayor ATTEST —r City Clerk Passed and adopted on final reading this 28th day of February , A D 19570 ayor ATTEST L24�� City Clerk