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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