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HomeMy WebLinkAbout010 - 09/23/1948 - CONTRACTING FOR THE PURCHASE OF BENEFICIAL USE OF WATERS ON BEHALF OF THE CITY FOR THE EXTENSION AND ORDINANCE 110 10 , 1948 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 IMPROVE- zk&jT OF A SYSTEM OF WATERWORKS AND PRESCRIB- ING THE TERMS FOR PETITION FOR AN ALLOTMENT OF WATER TO SAID CITY BY SbID NORTHERN COLO- RADO WATER CONSERVANCY DISTRICT, AND DECLAR- ING AN EMERGENCY WHEREAS, under the constitution and the laws of the State of Colorado as heretofore and now in force, ana the requisite aporoving vote of a majority of the properly quali- fied voters of the City of Fort Collins, who are tax payers under the law, at a municipal election heretofore auly 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 in- habitants 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 pur- chase 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 vdHEREAS, under the Dater 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 saia District for an allotment of water -1- 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 tnree thousand (3000) acre-feet of water from Northern Colorado Water Conservancy District and that said system of waterworks of the City of Fort Collins be im- proved, enlarged and extended by said purchase so that the city and the inhabitants hereof may have anadequate supply of water Sec 2 That the Mayor and City Clerk be and they are 'iereby authorized and directed to petition the Board of Directors of saia 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-lilt TIPETITION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR ALLOTMENT OF WATERtf 1 The petitioner, CITY OF bORT COLLINS, COLORADO, a municipal corporation, elects to purchase and hereby applies for the allotment of the beneficial use of an additional tnree thousand (3000) 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 allotited by the Board of Directors of said District at the price to be fixed annually by said Board, in installments, which witn maintenance and operating charges, shall not exceed -2" 1, $1 50 annually (in addition to general taxes as pro- vided in dilater Conservancy Act) per acre-foot allotted, and further agrees that all such installments and charges snall 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 providea by laces, 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 rater for said city, and continue until the costs of the works are paid, and thereafter for maintenance and operating charges onli, and petitioner agrees that the dilater Conservancy District may, in order to neet the payments to the United States, as required by the Reclamation Law, adopt any financial plan which noes 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 (1/310,000) 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 tnat said water shall not be limited to aomestic ase, but may be applied to any other -3- beneficial use within said Water Conservancy District 5 Pe+itioner agrees to be bound b = the sro- visions of the Water Conservancy Act of Colorado and the rules and regulations of the Board of Directors of said District, and tnat this petition shall be subject to the repayment contracts between said District and the United States CITY OF FORT GOLLINS BY -------- --------- 1AYOR ATTEST 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 -`--_---acre-foot 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 AORTHEM COLORADO WATER CONSERVANCY DISTRICT BY ----------- President ATTEST --- --------- Secretary Sec 3 It shall be the-duty of the City Council of saica city to earrf 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 -4- I are paid in full according to the terms of the contract or contracts of repayment between the United States and said Northern Colorado grater 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 preservation of the public peace, health and safety of the community, ana 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 war supply We do therefore declare tnat 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 Introduced, read at length and adopted by the unanimous vote of all members of the City Council at a regular meeting held this_23?'d----day of September__,_, A D 1948 624 _____ Col issloner of Safety nd Ex-Officio Mayor ATTEST Gtty Clerk -5- STATE OF COLORADO) SS COUNTY OF LARIMER) I. MILES F HOUSE, City Clerk of the City of Fort Collins, do hereby certify and aeclare that the foregoing Ordinance, consisting of four (4) sections, was duly proposed and read at length at a regular adjourned meeting of the City Council, held on tne_---_dav of Sep- tember, A D 1948, and was duly adopted and ordered published in the Fort Collins Coloradoan a -------------------------- ---dam------- n ewspaper 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-wit the 28th _day of September -__, A D 1948, said Ordinance No _ 10 was duly published in Fort Collins ------�Coloradoan a a,�—_newspaper pub- ------- -- lished in the City of Fort Collins, Colorado Iid VITyESS UvhEiiEOF, I have hereunto set my hand and affixed the seal of said City, t111s_28th —aay of September A D 1948 Hty Clerk —