HomeMy WebLinkAbout1986-206-12/16/1986-DIRECTING CITY STAFF SETTLEMENT AGREEMENT THORNTON VOTE IN FAVOR WATER SUPPLY STORAGE COMPANY RESOLUTION 86-206
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DIRECTING CITY STAFF TO VOTE IN FAVOR OF
THE PROPOSED SETTLEMENT AGREEMENT BETWEEN
THE CITY OF THORNTON, COLORADO AND THE WATER SUPPLY
AND STORAGE COMPANY
WHEREAS, the City of Fort Collins ("City") , the City of Thornton,
Colorado ("Thornton") and the Water Supply and Storage Company ("WSSC") are
involved in a lawsuit in the District Court of Larimer County; and
WHEREAS, a settlement agreement has been proposed to the parties in
the lawsuit; and
WHEREAS, the City is a shareholder in WSSC; and
WHEREAS, ratification of the agreement requires affirmative votes of
two-thirds of the shareholders attending or sending proxies to the meeting;
and
WHEREAS, the Water Board has reviewed the proposed settlement
agreement and recommends that the City vote in favor of the agreement if 1)
an agreement between the City and WSSC can be reached which addresses the
water quality concerns of the City, and 2) if a memorandum of understanding
is signed by all three parties, which memorandum sets forth the
understanding that the City's affirmative vote in no way precludes the City
from future objections to any actions which may cause injury to the City
and its interests; and
WHEREAS, an agreement has been reached which addresses the City' s
water quality concerns and the memorandum of understanding drafted by the
City has been presented to the parties for execution.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that City staff members be, and they hereby are, directed to vote
the City's shares in the Water Supply and Storage Company in favor of the
proposed settlement agreement between the City of Thornton, Colorado and
the Water Supply and Storage Company if the following conditions are met:
(1) That the proposed agreement between the City of Fort Collins and
the Water Supply and Storage Company which authorizes the City to determine
the location of the pipe carrying the City of Thornton's return water flows
to the Cache LaPoudre River Basin be executed by the parties; and
(2) That the Memorandum of Understanding which provides that the
City's affirmative vote on the proposed settlement agreement in no way
precludes the City from future objections to any actions which may cause
injury to the City and its interests be executed by the parties.
BE IT FURTHER RESOLVED that if both of the above conditions are not
met by the 19th of December, 1986, City staff members are directed to vote
against the proposed settlement agreement between the City of Thornton and
the Water Supply and Storage Company.
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
ATTEST:
City Clerk