HomeMy WebLinkAbout1961 Ordinance No. 023I
Introduced as a Bill by Councilman Brownewell
BY AU'l'BORITY
ORDINANCE NO. 23, SBRIBS OP 1961
AN ORDINANCE AUTHORIZING THB MAYOR OP THB CITY OP BNGLBWOOD, OOLORADO,
TO BXBCUTB, ON BBBALP OP SAID CITY, AND AU'l'HORIZING AND DIRBC'l'ING THE CLBRK
OP 'l'BB CITY OP BNGLBWOOD TO A'l"l'BST, ON BBBALP OP SAID CITY, A OONTRAC'l' WITH
'1'BB UBITBD STATBS DBPAR'DtDT OP TBB INTBRIOR, BURBAU OP RBCLAllATION, CON-
TRACT NO. 14-06-700-3123, BHTITLBD "CONTRACT FOR TRMJSPORTATION OP WATBR
FOR CITY OP BBGLBWOOD, COLORADO, THROUGH TBB OOLORADO-BIG THOMPSON PROJBCT,
COLORADO", ARD A CONTRACT WITH THE NORTBBRl1 COLORADO WATBR CONSBRVANCY DIS-
TRICT FOR THE TRANSPORTATION OP CITY WATBR 'l'BROUGB PBATURBS ARD PACILITIBS
OWNBD AND OPBRATBD BY TBB DISTRICT.
WBBRBAS, the City of Bnglewood, Colorado i• the owner of certain condi-
tionally decreed water rights in the Praaer River Baain, the water from which
is necessary as a part of the municipal water aupply of the City of Bnglewood,
and
WBBRBAS, the United States, acting through the Department of the Interior,
Bureau of Reclamation, is the owner of an irrigation and power project known
as the Colorado-Big Thompson Project and The Northern Colorado Water Conaervancy
District i• the owner of certain Bast Slope facilitie• which conatitute a part
of the distribution system of the said Diatrict, and
WBBRBAS, the facilities of the United State• and The llorthern Colorado
Water Conservancy Diatrict are suitable for the tranS1DOuntain tranaportation
of the water of the City produced from it• conditional deer .. •, and
WBBRBAS, C:ontracta with the United State• and 'l'he Borthern Colorado Water
Conaervancy District have been negotiated, and the term• thereof agreed upon1
NOW 'l'BBRBPORB, BB IT ORDADBD BY '1'llB Cift COUBCIL OP '1'llB CITY OP DIGLBMOOD,
OOLORADOs
Section 1. That the Mayor of the City of BnglMllOod, Colorado, be, and he
i• hereby authorized and directed, to execute, on behalf of ••id City, and the
Clerk of the City of Bnglewood, Colorado be, and he is hereby authorized and
directed, to atteat, on behalf of •aid City, Contract Bo. 14-06w700-3123, United
State• Department of the Interior, Bureau of Recl-tion, entitled "Contract for
Transportation of water for City of Bnglewood, Colorado through the Colorado-Big
Thompson Project, Colorado", a copy of which contract i• to be attached to this
Ordinance in the records of the City Clerk of the City of Bnglewood, Colorado,
and the Mayor of the City of Bnglewood, Colorado be, and he i• hereby authorized
and directed, to execute, on behalf of said City, and the Clerk of the City of
Bnglewod, Colorado be, and he ia hereby authorized and directed, to atteat, on
behalf of said City, a contract with The lforthern Colorado Water Conservancy
Diatrict for the tranaportation of City water through facilities owned by aaid
District, a copy of which contract i• to be attached to this Ordinance in the
record• of the Clerk of the City of Bnglewood, Colorado.
Section 2. Following the execution of said described contracts, the City
of Bnglewood. Colorado shall be bound by all of the term• thereof.
Section 3. 'l'he City Council of the City of Bnglewood, Colorado, hereby
f inda and determinea that this Ordinance is necessary for the preaervation of
public property. health. peace and aafety of the inhabitant• of th• City of
Sft9l.• '°ad ror the r-aon that the Uni.ted State• or Ameri.c:a baa reciu••ted
~l lift """ n tnmin 11 mn 11 JVt11t11 1-IJ r111&n or tnn ract tn1t
until the execution of the same. activitiea for the development of the condi-
tional deer••• of the City cannot conaence and a full year of time could be
lost. Therefore, thi• ordinance •hall become final and take effect from and
after final reading and publication.
Paaaed on Pirst Reading by the City Council of the City of Bnglawood.
Colorado, thia 7th day of August. A.D. 1961, and ordered publiahed in full
in the Englewood Herald and Bnterpriae.
Passed on Pinal Reading by the City Council of the City of Bnglewood,
Colorado, thi• 2lat day of Auguat. A.D. 1961, and ordered publiahed in full
in the Bnglewood Herald and Bnterpriae.
~ ~~L~~iJY·
A'l'TBSTs
/'""'" Mayor ' .... ~ U
•..• &
I, B. o. Beauaang, City Clerk-Treasurer, City of Bnglewood, County of
Arapahoe, State of Colorado, do hereby certify that the above and foregoing
ordinance waa introduced, read, paaaed and ordered publiahed aa a bill in
th• BnglftlOOd Herald and Bnterpri•• at a regular -•ting of the City council
held on the 7th day ·of Auguat, A.D. 1961, and that at leaat 7 days after
above publication aa a bill, th• above ordinance waa approved, adopted and
ordered publiahed in aaid legal n.wapaper by the City council at a regular
... ting held on th• 2lat day of Auguat, A.D. 1961, aa Ordinance Bo. 23,
Seri•• of 1961, of aaid City.
A'l'TBST1
Contract Mo. 14-06-700-3123
URITBD STATBS
DBPAR'l'MBHT OP 'l'BB IHTBRIOR
BURBAU OP RBCLAMATIOH
?TRACT POR TRAllSPORTATION OP WATBR POR Cift OP BNGLBWOOD, COLORADO,
'IBROUGll 'l'llB COLORADO-BIG 'l'IDIPSOB PROJBC'l', COLORADO
TRIS COBTRAC'l', Made thi• day of , 1961, in purauance of
the Act of June 17, 1903 (32 Stat. 388), and act• amendatory thereof or
auppl-ntary thereto, between '1'llB URITBD STATBS OP AMBRICA, hereinafter
atyled the United Stat:ea,.acting through th• Contracting Officer, her•l:n•fter
deaipated, and 'ftl• City of DIGLBWOOD, a municipal corporation, of th~tate
of COlorado, acting by and through it• duly authorized Mayor and City Clerk,
hereinafter referred to as "The City", and the BOR'l'llBRlf COLORADO WATBR
OORSBRVAHcr DISTRICT, a quasi-municipal corporation of the State of Colorado
with it• principal place of business in Loveland, Colorado, herein atyled
the Diatrict.
2. WITHBSSBTB, That for and in consideration of the mutual agreement•
herein contained, the parties hereto do convenant and agree aa follow•:
3. The United State• is the owner of an irrigation and power project
known •• the Colorado-Big Thompson Project, conatructed by the United States
in the State of Colorado under the proviaiona of the Pederal Reclamation
Law•: and The City claims it has decreed water right• which will permit it
to divert water annually up to the decreed amount through it• Hamilton cabin
Creek Ditch: Bxtenaion and Bnlargement of Hamilton cabin Creek Ditch: Cabin
Creek Reservoir: and Meadow Creek Reservoir located in northwestern Colorado
in the general vicinity of Lake Granby owned and operated by the United
States as a feature of the Colorado-Big 'l'hompaon Project: and The City
proposes to coftatruct certain diversion work• which will enable The City to
deliver The City's water into said Lake Granby: and the United States is
willing to accept water and to deliver like quantities minus lo•••• on the
terms and conditions hereinafter set forth in this contract.
4. Por the purpose of this contract the following definitions shall
obtain:
(a) "Project Water Supply" is defined as the water yield of the
preaently constructed works of the Colorado-Big 'l'hompaon Project,
together with the water yield of any works to be constructed in
the future by the United States. water rights yet to be obtained
for the project from Strawberry Creek and Meadow Creek shall be
Junior to 'l'he City's right described in Article 3 hereof.
(b) "Unused Capacity" is that capacity of the work• of the
Colorado-Big 'l'hompaon Project not required for the "Project
Water Supply".
(c) •water Year• aha11 mean th• per:lod from lfov-.ber 1at to
the auc:ceeding October 31•t of .. ch calendar y .. r.
S. The United States agrees that if and when it has unused capacity
it will accept in Lake Granby from The City not to exceed in any one year
Th• City'• decreed trans-mountain diversion entitl ... nt and will release
water as hereinafter provided, leas water lo•••• of not to exceed Pive (5)
percent. However, no releases will be made to The City unless it has water
delivered or available for delivery into Lake Granby in a quantity suffi-
cient therefor.
6. The City will finance and construct, or make arrangements for the
uae of, all work• necessary to deliver water into and receive water from the
project system, including measuring devices at the points of inflow and re-
lease.
11
I '
I
I
I
7. It i• understood and agreed among the parties hereto that the cap-
acity in all features of the Colorado-Big Thompson Project ia committed first
to project water. Purther, The City shall have no right to the use of
capacity in any project works to the detriment of project operations. In
View thereof, The City may desire to provide both inflow and terminal storage
regulation to receive maximwn benefits under the provisions of this contract.
8. This contract shall be Junior in priority to any other contract
heretofore executed by the United States for the uae of unused capacity in the
Colorado-Big Thompson Project.
9. When The City gives notice to the Regional Director, Region 7,
Bureau of Reclamation, Building 46, Denver Federal Center, Denver, Colorado,
that it is prepared to make the initial delivery cf water into Lake Granby
under the terms of this contract, it shall concurrently forward a check payable to
the order of the United States of America, aa an advance payment in the amount
of Two Bunc:lred and Fifty Dollars ($250.00) for each calendar month from the
scheduled date of initial delivery of water hereunder to the next succeeding
November lat, such amount to be credited toward the water charge in the state-
ment rendered to The City under Article 15 hereof.
10. Por each water year, The City ahall pay to the United States an
advance payment of Three Thousand Dollars ($3,000.00) on or before November lat
following the date of initial delivery of water into Lake Granby by The City.
Such charge shall be credited toward the water charge in the statement ren-
dered to The City under Article 15 hereof. If at any time after the first
Three (3) full water years of actual service The City baa requested release
of more than Three Hundred (300) acre-feet in any water year, The City will,
on or before each November lat thereafter make an additional advance payment
to the United States of Ten Dollars ($10.00) per acre-foot for water in excess
of Three Hunc:lred (300) acre-feet releaaed to The City in the water year
i.Jmaediately preceding, which amount shall be credited toward the charge for
water released in addition to Three Hundred (300) acre-feet in the statement
rendered to The City under Article 15 hereof.
11. Operations under this contract will coaaence upon receipt of the
notice and remittance mentioned in Article 9 above and will continue there-
after for a period of Porty (40) years.
12. Whenever The City is ready to receive water under the terms of
this contract it shall so notify the Manager of the District, which shall be
the agent of the United States for the purpose of administering water here-
under while it ia being transported through project facilities that have
been tranaferred to the District for care, operation, and maintenance. The
District ahall request releaaea from project work• operated by the United
States for pending water orders by The City at the earlieat time• such
water can be transported through aaid facilities without aubatantial inter-
ference with project operations. •
13. There shall be no charge or credit to The City for passing The
City' a water through project power facilitiea, and all revenue• derived
therefrom shall accrue solely to the United Statea.
14. The charges to be paid by The City annually per acre-foot of
water released under the terms of this contract will be Two Hundred and
Thirty-Five percentum (235") of the sum of the following it-•:
a. The coat per acre-foot for power to pump The City' a
water. The rate for power uaed for thi• purpoae will be the
weighted average rate per kilowatt-hour for couaercial firm
electric energy marketed during the f iacal year ending the
previoua June 30th from the Weatern Diviaion, Miaaouri River
Basin Project.
b. An amount toward coat• of adminiatration, operation,
maintenance, and replac .. ent of tho•• project features operated
at the joint expenae of the United State• and the Diatrict,
exclusive of the Willow Creek Paciliti•• (Willow Creek
Reservoir and Dam, Willow Creek Pumping Plant, Willow Creek
Feeder canal and Conduit, Willow Creek Power Linea and SWitch-
yard, and appurtenance• related to the•• feature•) and exclusive
of direct electric energy charge• for project pumping. Such amount
shall be computed by dividing aaid coat• for the f iacal year ending
the previoua June 30th by the number of aare-f .. t of water carried
through the Adam• Tunnel during the aame fiacal year.
c. An amount toward coat• of the adminiatration, operation•,
maintenance, and replacement coat• of thoae project feature•
operated and maintained by the Diatrict. Such amount ahall
be computed by dividing the water year operation and maintenance
coats of the tranaferred project work• by the number of acre-
f .. t of water carried throu9h the Ad••• Tunnel l during the
water year, aaid operation and -intenance coat• of all
project feature• tranaferr,..., to the Diatrict to be the 8Ulll
of •adminiatrative and indirect coata• and •direct operation
and -intenance coata• •• deter11ined by th• annual audit
of the account• of the Diatrict.
.. ---& ·.. ·.
. : ~ : 6
15. on Dec-.ber lat next after the date of the initial delivery of
water into Lake Granby hereunder, and each Decellber lat thereafter during
the term of thi• contract, the United State• ahall render a atat ... nt in
writing to The City showing the acre-feet of water releaaed to The City dur-
ing the previous water year hereunder, and the total charge for auch service
computed as provided in Article 14 hereof, and toward auch total amount due
from The City there shall be credited the advance payment theretofore paid
and the additional charges paid in advance by The City. If there is any
balance due the United States, aaid balance ahall be paid in full by The
City within Sixty (60) days after the date of the atatement rendered by the
United States. In the event The City baa overpaid its account with the
United States, the over-payment may be credited on next year'• installment,
or, at the option of The City, refunded to The City.
16. Por the purpo•e• of this contract only, it i• agreed that Porty-
'l'Wo and One-Pourth percentum (42.25") of the revenue• received from The City
ahall be credited to the Diatrict'• ahare of the annual operation and main-
tenance coata of the project.
17. The book• and record• of the United Stat•• pertaining to the
charge• mentioned in Articles 14 and 15 hereof alaall be open for inapection
by The City at any time during regular buain••• hour•1 and in th• event The
City, t h e United State•, and the Diatrict cannot agr .. •• to the correctness
of any auch charge•, or aome it• thereof, then the matter •hall be referred
to the Secretary of the Interior of the United State• and hi• deciaion with
reapect to the matter~ in diapute •hall be final upon th• partie• hereto in
the abaence of fraud, mistake, or bad faith.
18. a. If any payment required to be made to the United States i• not
paid when due, The City shall pay a penalty of One-Half of One percentum
(0.5") per month from the date of delinquency.
b. No water shall be released by the United State• hereunder
during any period in which The City i• delinquent in any of the
payments required of The City. The refuaal to release water
purauant hereto shall in no wi•• reduce or modify 'l'he City's
obligations to pay for water releaaed prior to the &otice of
Delinquency from the United Stat••·
c. Bo waiver at any time by the United Stat•• of it• right• with
reapect to default or any other matter ariaing in connection with thi•
contrac~ shall be deemed a waiver with reapect to any aubaequent
default or matter. All rights of action for breach of thia contract
are reserved to the United States a• provided in Section 3737, Reviaed
Statutes of the United States, as amended (41 u.s.c.15)
19. If The City within a period of Bight (8) year• ,.. from the date of
the execution of this contract has not requested the initial acceptance of
water into Lake Granby hereunder, then, at the end of said Bight (8)-year
period, this contract shall automatically terminate without any further
notice to The City: PROVIDBD PURTBBR, that if, at any time after the initial
delivery of water into Lake Granby hereunder, The City shall fail to request
the release of any water lmreunder for Three (3) conaecutive years, thi• con-
tract shall automatically terminate at the end of aaid Three (3)-year period
without any further notice to The City. If, after a period of Pifteen (15)
years fran the initial delivery of water into Lake Granby hereunder, The City
has not delivered, or had available for delivery, into Lake Granby the full
amount of its decreed rights in any one year, then the United St•tes may,
after considering all tlle reasons therefor advanced by The City and the
District, have the right to reduce the maximum amount it will receive in Lake
Granby to the greatest number of acre-feet delivered by The City during any
one of the preceding Fifteen (15) years.
20. In addition to all the other terms, conditions and covenants con-
tained within this contract, it is specifically understood and agreed by and
between the parties hereto, that the right• of The City hereunder are, sub-
ject to the following terms, conditions and limitations, to all intents and
p urposes as though set forth verbatim herein, and made a part hereof by
reference, to-wit:
a. All the provisions of Section 13fc) of the Boulder Canyon
Project Act, approved December 21, 1~28 (45 ~tat. 105 7 ).
o. ~iae pruv1s1ons of Section 14 of the Colorado River Storage
Project Act, approved April 11, 1956 (70 Stat. 105).
c. The terms and provisions of that certain contract No. llr-1051 ,
including amendments thereof, dated July 5, 1938, between the .
United States of America and the Northern Colorado Water Conser-
vancy District of Loveland, Colorado.
d. The Pinal Judgment, Pinal Decree and Stipulations Incorporated
therein in the consolidated cases of the United States of America
v. The &orthern Colorado Water Conservancy District, et al., Civil
Nos •. 2782, 5016 and 5017, in the united States District Court for
the District of Colorado.
I
I
21. Hotwithatanding any other pxovision of this contract to the contrary,
the Contracting ufficer shall have the unlimited right to cancel and terminate
this contract at any time upon aixty (60) day' a ad•hoenotice in ''writing to
'l'he City if any, or all, of the following conditions occur:
a. The Contracting Officer determine• that further release of water
to The City hereunder will be detrimental, injurious, or contrary
to the operating requirement• for the Colorado-Big Thompson Project,
or the operation of the Green Mountain Dam and Reservoir in accordance
with the Pinal.nfudgment, Final Decree and Stipulation• incorporated
therein in the co°'Iaated caaes of the United State• of America v.
'l'he Borthern Colorado Water Conaervancv District, et al,, Civil Boa.
2782, 5016, and 5017, in the United State• District Court for the District
of Colorado.
b. Whenever any court of CGll>•tent jurisdiction ahall render a final
judgment to the effect that the United Statea baa no right to accept
or releaae water under thia contract1 or that the acceptance or
release of water hereunder ia interfering with, or ia prohibited by,
the righta of other lawful appropriator• of water from the Colorado
River or any of it• tributaries.
22. If thia contract is terminated at any time for any, or all, of the
cauaea aet forth in Article 21 above, and at the time of termination 'l'he City
baa on deposit with the United State• funds Which are more than sufficient to
pay for any water released for 'l'he City up to the date of termination, any such
exceaa funds will be promptly refunded by the United State• to The City1
PROVIDED, BOWBVBR, if the termination is for any cause other than as aet forth
in Article 21 above, any unused funds on hand will be retained by the United
Statea to be applied by the United States on any damages incurred by the United
State• by reason of the failure of 'l'he City to comply with the term• of thia
contract.
23. 'l'his contract shall be binding upon the aucceaaora and aaaigns of the
parties hereto, but The City shall not aasign thia contract, by operation of law
or otherwise, to another party without the advance approval in wri~ing from the
Contracting Officer and the District. Any attempted aaaignment without auch
advance approval shall work an inlllediate automatic termination of this contract
without any further notice to The City.
24. The expenditure of any money, or the performance of any work by the
United States herein provided for, which may require appropriation• of money
by the Congress or the allotment of funds ahall be contingent on such appro-
priations or allotment being made. 'l'he failure of the Congreaa to appropriate
funds, or the failure of any allotment funda, ahall not, however, relieve The
City from any obligations under this contract, nor give The City the right to
terminate this contract as to any of it• executory features. Ro liability shall
accrue against the United States in caae of auch fund• not being appropriated
or allotted.
25. In connection with the performance of work under thia contract, The
City, in this article termed the contractor, avreea aa followa1
(a) The contractor will not discriminate a9ainat any employee
or applicant for employment becauae of race, creed, color, or
national origin. The contractor will take affirmative action
to ensure that applicant• !'re mployed and that .aployeea are
treated during .. ployaent, wit1\out re9ard to their race, creed,
color, or national ori9in. aucb action •hall include, but not
be limited to, the followin91 ... loywaant, uppMiDCJ, d..otion
or tranafer1 recruitment or recruit.mat lldYerti•ift9J layoff or
termination1 rate• of pay or other foma of cmpenaation1 and
selection for trainin9, including appr•tioeahip. '1'be
contractor •9Z'-• to poat in oonapiauou placea, available to
employ .. • and applicant• for mployment, notice• to be provided
by the contractiftCJ officer HttincJ forth th• proviaiona of thia
nondiscrimination clause.
(b) The contractor will, in all aoliedtationa, or advertise-
ments for employee• placed by or on behalf of the contractor, state
that all qualified applicant• will receive consideration for
aaployment without regard to race, creed, color, or national
origin.
(c) The contractor will aend to each labor union or
representative of worker• with which he baa a collective
bargaining agreement or other contract or underatanding, a
notice, to be provided by the agency contracting officer,
advising the aaid labor union or worker•' representative of
the contractor'• commitment• under thi• section, and shall
post copies of the notices in conapicuoua place• available
to employees and applicant• for employment.
(d) The contractor will comply with all provisions of
Executive Order No. 10925 of March 6, 1961, and of the rules,
regulations, and relevant order• of the Preaident•a Conaittee
on Bqual Employment Opportunity created thereby.
--8 .
(e) The contractor will furnish all information and report•
required by Bxecutive Order Ho. 10925 of March 6, 1961, and by
the rules, regulations, and orders of the aaid Conaittee, or
pur•uant thereto, and will permit access to his books, records,
and accounts by the contracting agency and the Comnittee for
purposes of Investigation to ascertain compliance with auch
rules, regulations, and orders •.
(f) In the event of the contractor'• non-compliance with
the nondiscrimination clauaea of thia contract or with any of
the said rules, regulations, or ordera, this contract may be
cancelled in whole or in part and the contractor may be declared
ineligible for further government contract• in accordance with
procedures authorized in Bxecutive Order Ho. 10925 of March 6,
1961, and such other aanctiona may be impoaed and r-edies
invoked as provided in the said Bxecutive Order or by rule,
regulation, or order of the Preaid~• COlmnittee on Bqual
Blllployment Opportunity, or as otherwise provided by law.
(g) The contractor will include the proviaiona of the
foregoing paragraphs (a) through (f) in every subcontract
or purchase order unless ex-pted by rulea, regulations, or
orders of the President's Comnittee on Bqual Bmployment
Opportunity issued pursuant to aection 303 Bxecutive
Order Ho. 10925 of March 6, 1961, ao that such proviaions
will be binding upon each subcontractor or vendor. Th•
contractor will take such action with respect to any aub-
contract or purchase order as the contracting agency may
direct as a means of enforcing such proviaiona, including
sanctions for non-compliance: Provided, howey1r, that in
the event the contractor becomes involved in, or i• threatened
with, litigation with a subcontractor or vendor aa a reault
of such direction by the contracting agency, tht contractor
may request the United States to enter into such litigation
to protect the interests of the United States.
26. The City warrants that no person or selling agency has been employed
or retained to solicit or secure this contract upon an agreement or understanding
for a comniasion, percentage, brokerage, or contingent fee, excepting bona fide
employees or bona fide established conanercial or selling agencies maintained by
'l'he City for the purpose of securing business. Por breach or violation of this
warranty. theGovernment shall have the right to annul this contract without
liability or in its discretion to deduct from the contract price or considera-
tion the full amount or such comiaaion, percentage, brokerage or conti~gent
fee.
27. Ho Member of or Delegate to Con9res• or Resident Conmiaaioner shall
be admitted to any share or part of this contract or to any benefit that may
arise herefroa, but this provision shall not be construed to extend to this
contract if made with a corporation for its general benefit.
IR WI'l'RBSS WBBRBOF, the parties hereto have affixed their signatures the
day and date first above written.
SBAL
Attest:
SEAL
Attest:
UHITBD STATBS OF AMERICA
sr. ______________ ___
Contracting Officer
'1'BB CI'l'r OP BHGLBNOOD, CX>LORADO
~~~7, BY. Mayor
TBB NORTBBRH CX>LORAOO WATBR
OOHSBRVAH<:r DISTRICT
BY. _______ _
I, B. o. Beausang, City Clerk-Treasurer, City of Bnglewood, County of
Arapahoe, State of Colorado, do hereby certify that the above and foregoing
is a true and correct copy of Contract Ho. 14-06-700-3123.
City Clerk-Treasurer