HomeMy WebLinkAbout1983-126-08/02/1983-AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMENDED AGREEMENT WITH BALLER LIVESTOCK COMPANY FOR TH RESOLUTION 83-126
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AMENDED AGREEMENT WITH BALLER LIVESTOCK
COMPANY FOR THE PURCHASE OF STORAGE
CAPACITY IN THE MEADOW CREEK RESERVOIR
WHEREAS, on November 9, 1982, the Council of the City of Fort Collins
did, by Resolution 82-156, authorize the City Manager to enter into an
agreement with Baller Livestock Company for the purpose of purchasing
1,200 acre feet of storage capacity in the Meadow Creek Reservoir, and
WHEREAS, pursuant to said Resolution, an agreement was entered into
between the City and Baller Livestock Company as aforementioned, which
agreement contained, in Paragraph 4(F) thereof a contingency that the City
shall receive the statement of the Colorado State Engineer to the effect
that the said reservoir is properly constructed and that the plans and
specifications and construction have been approved by the State Engineer
and that there are no known impediments to the present or future storage of
water in the reservoir to its full and decreed capacity, and
WHEREAS, subsequent to the execution of said agreement, it has been
discovered that the discharge capacity owned by Baller Livestock Company is
42 57% rather than 42 85% as originally contemplated, and
WHEREAS, subsequent to the execution of said agreement, it has been
determined that the State Engineer cannot certify as to the construction of
the reservoir nor as to the plans and specifications therefor, and
WHEREAS, the state engineer has given his written certification that
he has removed all operational restrictions on the reservoir and that, at
the present time, there are no known impediments that would require storage
restrictions to be placed on the reservoir, and
WHEREAS, as a result of the failure of Baller Livestock Company to
produce the required written statement from the State Engineer as provided
in the aforesaid agreement, Baller Livestock Company has submitted an offer
to the City to reduce the purchase price of the said storage capacity in
Meadow Creek Reservoir from $829,400 to $745,000, and
WHEREAS, it is the finding of the Council of the City-of Fort Collins
that the aforesaid reduction in the purchase price of the storage capacity
in the Meadow Creek Reservoir is reasonable and that it is in the best
interest of the citizens of the City of Fort Collins that the said contract
be amended accordingly by reduction of the purchase price of the said
storage capacity from $829,400 to $745,000 and by acceptance by the City of
the written statement of the State Engineer as it has been presented to the
City with waiver by the City of those conditions of Paragraph 4(F) of the
agreement which have not been met pursuant to the State Engineer's letter
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
amended agreement between the City and Baller Livestock Company for the
purpose of purchasing 1,200 acre feet of storage capacity in the Meadow
Creek Reservoir in Jackson County, Colorado for the sum of $745,000 and
with acceptance of the letter of the State Engineer as presently in the
possession of the City with waiver of (1) any additional obligation of
Baller Livestock Company to produce further statements from the State
Engineer and (2) the obligation of Baller Livestock Company to furnish an
easement across property of the State Land Board, and with amendment of the
discharge capacity of Baller Livestock Company to 42 57%
Passed and adopted at a regular meeting of the City Council held
this 19th day of July, A D 1983
,. f �
E_ `�S1P2ai Mayor
ATTEST
city clerk 13
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