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HomeMy WebLinkAbout1986-204-12/16/1986-LOCATION RETURN FLOW WATER PIPE THORNTON COLORADO WATER SUPPLY AND STORAGE RESOLUTION 86-204 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH WATER SUPPLY AND STORAGE COMPANY CONCERNING THE LOCATION OF A RETURN FLOW WATER PIPE TO BE USED BY THE CITY OF THORNTON, COLORADO AND OTHER CONSIDERATIONS WHEREAS, the City of Fort Collins ("City") , the City of Thornton ("Thornton") , and Water Supply and Storage Company ("WSSC") are involved in a lawsuit in the District Court of Larimer County; and WHEREAS, a settlement agreement to that lawsuit has been proposed; and WHEREAS, City staff and the Water Board have reviewed the proposed settlement agreement and have specific concerns about the quality of Thornton's return water flows to the Cache LaPoudre Basin as set forth in the agreement; and WHEREAS, WSSC and the City have agreed that the City will be empowered to determine the location of the pipe carrying Thornton's return flows to the Cache LaPoudre Basin which addresses the water quality concerns of the City; and WHEREAS, WSSC has also agreed to (1) give the City the first right of refusal , for ten years, to purchase any CBT water owned by WSSC; (2) invite a representative of the City to attend all Board meetings; (3) pay the City $10,000 for legal fees incurred as a result of the above-mentioned lawsuit; and (4) work with the City in the future on possible water exchanges; and WHEREAS, the City and WSSC wish to enter into an agreement whereby the City will determine the location of the pipe carrying Thornton's return flows to the Cache LaPoudre River Basin and WSSC will agree to the above-mentioned additional terms. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager be, and he hereby is, authorized to execute an agreement with Water Supply and Storage Company which agreement provides as follows: Section 1 . That the City of Fort Collins will determine the location of the pipe carrying the City of Thornton's return water flows to the Cache LaPoudre River Basin. Section 2. That WSSC will give the City the first right of refusal , for ten years, to purchase any CBT water owned by WSSC. Section 3. That WSSC will invite a representative of the City to attend all Board meetings. Section 4. That WSSC will pay the City $10,000 for legal fees incurred as a result of the above-mentioned lawsuit. Section 5. That WSSC will work with the City in the future on possible water exchanges. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 16th day of December, A.D. 1986. Mayor�;4 ATTEST: City Clerk