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Home My WebLink About1961-08-02 EWSB MINUTESRF.GULAR WETING ENGIEWOOD WA'rm AND Sl!liER BOARD ..,, AUGUST 2, 1961 'Ihe mseting was called to order by Chairman Frantz at 8:00 Po Mo Members Present: Members Absent: Braun other City Officials Presentz Councilmen McLellan, Miles and Woods; Utilities Director BabcockJ Consultant. Shivers --... Mro ShiversJI Consultant9 presented to Water and Sewer Board mmbers and City Councilmen present.? for their consideration3 copies of Unit d States, Dooartment of JnteriorJI Bureau of Recl.amati,,n, Contract Noo 14~700=3123; a contract for transportatian of water for ths City of Englewood,, Colorado, through the Colorado-Big Thompson Projecto (See copy of contract attached as a part of these minuteso) . Mro Shivers also displayed specially prepared maps baaing the area wher. in are located the Engl.Hood Western Slope water rights a.nd the proposed routing of the nOll of this water into La.ke Granby, and on through the Colorado-Big Thompson facilities to Bouldm:- Reservoir where,, through exchange, it can become availabls to Englswoodo ?Aro Shivers explained, in detail, all of the features or these maps pertaining to Englewo od watero Mro Shivers nsxt read and discussed es.eh phase of the above nentioned contract a.rd answered all questiors by Boa.rd members and City Councilmen i:resento After lengthy discussion an the entire mattersi in which it was brought out that the costs involved tar transportation of waterD telative to United States.-o,med facilities , based on recent yearly averages, should be approximately $10000 per aero f'ooto Purcell moved, Robohm, seconded, That the Water and S•er Board recornmmld to City .Council that an ordinance be passed authorizing the Mayor and the City Clerk to execute the United States, Department of Interior, Bureau of Reclamtion, Contract Noo 14-o6-700-3123c Ayes: Nays: Absentg Brownewell, Frantz, Kreillng9 Oliner, Purcell» Robohm None Braun ..,. -- Hro Shivers next presented a draft of a contract between tha City of Englewood and The Northem Color-ado WatA!tr Conservancy District which9 !.fro Shiwrs explaimd, was o om plete.o to the satisfaction of tm said Distric t, except for slight language changes wh i ch he also explained to the Board as ha read the contracto Mro Shivers brought out further that this contract was Vlritten in concUITence with the Department of In~rior contract which is to be knaan as the base contract. and with which the Morthern Colorado Water Conservancy District has expressed approvalo The average amomts toward expense of the administration, operation.o maintenance end replacecw ll'l!tnt of project features operated and maintained by" this distr.1ct,o and in which the City of Englewood must participate, have proven8 in recent years to be approxir.Jately $lo80 per acre foot» according to Uro Shivers o After considetrable discussion:> Oliner mov ed9 Robohm 9 sec on ded , That the Wa ter a.nd Sevie r Board reocm:i: n d t o City Comc il that authority fo .. the Mayor and Cit y Clerk to execute a c ontract with ths Northen.t Colora do VJ.!lter Conservancy D1 s trlct 9 in ,, Ayes1 Nayss Absant: =2- accordance with the terms presented to the Water and Sewer Board, be included in the same ordinance authorizing the signing of the United States, Dspartment of Interior, Bureau of Reclamation, Contract_Noo 14-06-700-31230 · Brownewell,, Frantz, Krelling, Oliner, Purcell, Robohm None Braun --- Considerable discussion was held en the matter of need for ad.di tional financinp, in 1961 tar final land purchases in Dad Clark Gulch at Cotmty Line Rood and to put the City in position to negotiate for further necessa.ey engineering for Western Slope f'acilltioo and the Dad Clark Gulch raw ater storage reservoir and dam, after which, 01.imr moved, PurcellD seconded, '!hat the Water and Sewer Boa.rd rec0Im!W9nd to City Council that the issuance of $1001 000 of water bonds be authorized immediateq for financing of final land purchases at Dad Cl.ark Ou.lch, engineering for Western Slope developnent. and Dad Clark Gulch Dam, and inciden- talso Ayess Brownewell, Frantz,, Kre:U:ing, Oliner, Purcell, Robohm Nays: Nom Absent: Braun --- Mro Babcock, Utilities Director, advised the Board that ha was endeavoring to complete hi.a recommendations for the 1962 Water Department budget atld desired the Board's opinion as to the amount which should be recommended specif'ioally r~ Western Slope ruwelotment am Dad Clark Gulch reservoir and dam, under capital additionso After much discussion, in which it was the consensus of the Board that, with the signing of tlla contracts with the Department of Interior and the Northern Colorado Water Conservancy District; am the completion of engineering far the Western Slope water deval~nt project, including the Dad Clark Gulch phase, the City could very well be in a position to begin construction in 1962, it was recommended to Uro Babcock that ha should 1nolude $11 2001 000 in his proposed budget ror 1962, specifically far said constructiono --.. The following letter, frcm the South Arapahoe Sanitation Dist.r:ict, under date of July 181 1961, was presented for consideration by the Boards Honorable. City Council City o.f Imglewood Honorable Water & Sewer Advisory Board City of Englewood - City Hall Englewood, Colorado Gent.lemen: "Juq 18, 1961 The South Arapahoe Sanitation District has received a Petition For Inclusion or real property hereinafter det1cribedJ which Petibton was filed w.l th the Board at its last regular meeting on July l31 1961 o '!be Board of Directors has authariZed the publica. tion of not:i :with respect to a hearing to be held upon said Petition set for Monday, August 14, 1961, at 3:00 o'clock Po!{o In accordance with the requirements of Paragraph six (6) of Connector 'a Agreement dated Novanber 81 1957 1 consent to the inclusion must be obtained from City of qlewoodo The Board of Directors hereb,y -J- makes application to the City tor a;;:>proval of the proposed inclusion and far amendment to the ComectoJ:-1 s Agreement authorizing service within such included areao · The name of the Petitioner and tM legal description of parcel proposed to be included is as fall011Ja: Arapahoe County School District Noc 6, Arapahoe County 1 Colorado, Littleton, Coloradoo The South one-half ( s~) ot the Sou-~h weat one quarter (SWJ;..) of the South- west one quarter (sv1t) of Section 19, Township S South, Range 6 7 West, Arapahoe County, Coloradoo Proposed supplements to th Connector•s Agreemsnt are enclosedo Yo~ earliest consideration of this matter will be appreciated as the School District must have a dstermim tion concerning sewage service before letting contracts for building c onstructiono RLB:lcg l!;nclosures" Very truly yours, SOUTH ARAPAH<E SANITATION DlSTRICT ARAPAHOE COUNTY, COLCRADO By1 /s/ Richard Lo Banta, Jro Mr o Babcock cl.arif'ied the location of the above described area on the map which proved to be contiguous to the existing district boundary ard stated that there appeared to be no problems involved relative to the ability of either the district or the City of Englewood to serve sameo Robohm moved, Oliner, seconded,, That the Water and Sewer Board reoomnend to City Council that the land described in the lBtter of request, just read, be allONed to annex to the South Arapahoe Sanitation District, by Supplemental Agreemnto Ayes: Brownewell, Frantz, Kreiling1 ·Jl:iner, Purcell, Robohm Nays a None Absents Braun --- The following inter-oi'fice memorandum from Mro Lo Ro Rudd, City Manager, um.er date of July 28 1 1961~ was presented and reads ml'ER-m'FICE MEMORANDUM T01 Water and Sawer Board DATE: July 28 1 1961 c/o M'ro Jolm Curtice, Recording Secretary FRDJ.h Mro Lo Ro Rud~ City Manager SUBJECT a OFFER TO SEIL V'JATER RIDf?l'S Son:e time ago Mrso So Chirichigno1 who lives in the 3700 block on South Natches Court, approached Bill Davies and offered her 20 acre tract~ =4- or som part thereof• as a possible dump siteo The Chirichigno•s have a peculiar acreage inmediately at the rear or their residence which was once developed as a fish hatcheey or nursery ar.d also as a truck gardening siteo A supp~ of water was available to them fram the old Petersburg Diti.":h and also .from two or three springs on the premiseso or course, the Petersburg Ditch rights are now cancelled out as far as they are concerned, but when Bill Dairies viewed the site, he casually mentioned something about the water suppfy' and rights still remainin~ and immediately' M:r.·s. Clrlrichigno suggested that the City investigate these rights with the idea of purchasing S8ll8o Sha gave Bj.JJ. a plat which he copied and such copy is attached he:retoo I am unable to dets'"llline if there are any water rights of any-consequence or if' they are of sufficient amolJJlt to be of :1.nterest to Englevroodo Perhaps this proposal or si·'-ua tion might be checked furthar to aee if there ie an;rthing of value avail~ able and 1'1hat the cost of sams might be to the Cityo LRR/ij Atto /S/ Lo Ro Rudd City Manager CC: Mro Harold Ho Bab:oek, Utilities Director" Mro Shivers advised the Board that the Chhiehigno water rights have been checlmd praviously and that they are for nonaeomumt..ive use only-and are of no value to the City of Rngl.eoocrl o A discussion was held on correspondence to the Tri~ity Trust from Mro Raymom Jo Turner, Attomey for Mrs Weeks, requesting a camn.ittm!1nt "that the City or somom else would or would not someday require tbe ib.ll eaplcity of the Brown Ditch throufjl Mrso Weeks lando Mro Shivers, Consultant, advised that th:is let.1;er should be .forwarded to Mro Jack Ross of the Tri...City Trust to whom it was apparentl~r intendedo -.... Tm~ being no further busi.nass to come be.faro the Engl.mood Water am Sewer Board,, the meting was adjourned at 10:35 PcMo ,,.,..~~~4.~ John Do Curtice Approved _______ _ Dater: Subject: Reconmendat.ion: MEMOONDUM TO 'iil.E ENGWIOOD C JTY COUNCIL REOARbING ACTION CR R&::(U.fENDATION OF THE ENGmiOOD VIATER AND SErJllR BOARD August 21 1961 Approval of United States, Departmmt of Intar1or1 Bunau of Reclamation~ Contract Noa l4-o6-700-.3l23 That an Ordimnce be passed authorizing the Mayor and the City Clerk to execute the United States, Departnent of Interior, Bureau of Reclamation,, Contract. Noo 14-06-70tJ...3l231 as preaentedo ResIJ'ctiUll:f submitted, D Datet Subject: Recoumon:la ti01u MEMCRANDUM TO THE ENGIEWOOO cm camcn.. REGARDING ACTION CR R&:OmAENDATION OF THE EOOIE\'/OCID WATm AND ssnm BOA.RD August 2, 1961 Approval of Contract between the City of Englewood, Colorado and The Northl9rn Colorado Water Conservancy Distrioto That authority far the Mayor am City Clerk ta execute a contract with the Northern Colorado Colorado Water Conservancy District, in accordance with the terms presented to the Water and Sewer Board,, be included in the sam ordinance authorizing the sigp.ing Qf the United States, Department of Interior, Bureau at Reclamation, Contract Noo 14...o6-700-3123o Respect.ful~ submitted, ENGIEVIOOD YlATm AND SEWER BOARD By: RobertFoFra~~ Chairman d '-- Date: Subject:r Rec01Ill8ndatio·nt MEMCRANDUM TO THE ENGLEWO<D crry OOUNCIL REGARDING ACTIC!l CR RmJCtm'.ENDATION OF 'lHE ErflLEWOOD WATER AND sg;m BQ\RD August 2 1 1961 Issuance of $100 1 000 o£ Water Bonds That immediate action be talam for the issuance of One Humred Thousand Dollars (~100 1 000) at water bonds far the financing of fixs l land purchases at Dad Clark Gulch, engineering far Western Slope development and Dad Clark Gulch Reservo.tr,, ard incidentals 0 Date: Subject: Recornn&ndationc MEMORANDUM TO '.lHE ENGWJOOD CITY COU?l;IL RmARDING ACTION CR RECOMAENDi\TION OF THE EWU\\OOD WA.TM\ AND SEWJR BQ\RD August 2 _, 1961 Annexation of Additional Land to the South Arapahoe Sanitation Distrlcto That the following described land be allmed to annex to the Sou.th Arapahoe Sanitation District, by Supplemental Agxoeensnts The South one-half (S~) of the South- west one quarter (ffii-\) Qf the South- west one quarter (SW·~) of Section 191 Tarnship S South,, Range 6 7 West, Arai:-ahoe County, Colorado Re3J.l9Cti\llly submitted, EN1L8WOOD WATER AND SEWER By-s Robert F o Frantz c ir11an Contra.ct Noo 14-<>6-700-.3123 UNll'ED STATES DEPARTMENT OF THE lNTERIOR BUREAU OF RECIAMATIC!l COHTRACT FCR TRANSPORTATION OF WATm FOR CITY OF ENGWIOOD,, COLCRADOa -THROUGH THE coLORAD()s.BIG ifHOMPSON PROJEer, cotmµ;o THIS CONTRACT, Made this day of 1961, in pursuance of' the Act of' June 1'7, 1902 (.32 Stato 3B8)1 and acts amendatory thereof or supplenr!)ntary thereto, between THE UNITED STATES OF AMl!lUCA 1 hereinafter styled the United States, acting through the Contracting Qff'icer, hereinafter designated, an:i '!he City of ENGLE\'fOOD, a municipal corporation, of the State of Colorado, acting by and through its duly a11thorized Mayor and City Clerk, hereinai'ter referred to as nTra City", am the N:)RTHE:t.N COJ.,()RA.00 WATER CONSERVANCY DISTRICT I a quasi-municipal corporation o£ the State of Colorado with its principal place of business in Loveland, Colorado, herein styled the District,, 2o WITNESSETH, That far and in consideration of the mutual agreements herein contained,, the parties hereto do covenant and agree as follcmst Jo ~is United states is the CJ11ner of an irrigation and power project lmawn as the Colorado-Blg Thompson. Project, constructed by the United States in the State of Colcrado ut1der the provisions of the Federal Reclamation Laws; and The City claims it has decreed'. water rights which will permit it to divert water annually up to the decreed amount through its Hamilton Cabin Creek Ditch; Extension and Enlargement of Hamilton Cabin Creek Ditch; Cabin Creek Reservoir; and Meadaw 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 Thompson ProjectJ am The City proposes to construct certain diversion orks which will enable The City to deliwr The Cityvs Nater into said Lake Granby; and the United States is willing to accept water and 1;1) deliver lika quantities minus losses on the terms and conditions herein- after set fi>rth in this contracto 4o F<>r the purpose of this contract the following definitions shall obtain: (a) "Project Water Supply-" :is defined as tho water yield or the presently constructed works of the Colorado-Big Thompson Project, together with the water yield of aey works to be constructed in the tuture by the Uni.ted Sta.teso Water rights yet to be obtai.vied far the project fl•a11 Strawberry Creek am Meadoa Creek shall be Junior to 'lb.a Cityt s right described in Article 3 hereof o (b) "Unused Caplcity" is that capacity of the works of the Colorado-Big Thompson Project not required for the "Project Water Supply" o (c) "Water Year" shall nean the period f'rom November 1st to the succeeding October .31st of each calendar yearo So Tho United States agrees that if and when it has unused capacity it will accept in Lake Ck'anby from 'lhe City not to exceed in any one "J&ar The City•s decreed trans- mountain divursion ent.itlement and will rel.ease water as hereinafter provided, less water losses of not to exceed Five (5) percento H01J11ever, no releases will be uade to The City \linl.ess 1 t has water delivered or available for delivery into Lake Granby in a quantity sufficient therefor. 6. The City will finance and constructt> or malcB arrangements for the use or, all works necessary to deliver water into and receive water from the project system, including measuring devices at the points of inflow and releaaeo 7o It is umerstood and agreed among the pirtiDs hareto that the capacity in all features of title Colorado-Big Thompson Project is committed first to project watero Further, The City shall have no right to the use of capacity in any project work& to the detrimc!l'It of project operationso In Vilm thereof~ 'nla City may desire to provide both inflow and terminal storage regulation to receive maximum benafits under t:he provisions of this contracto 8,, This ccntract shall be Junior in priority to any other contract heretofore executecl by the United States for the use of unused capacity in the Colorado-Big Thompson Projecto 9 c When The City gives notice to the Regicmal Directar 1 Region 7 1 Bureau of Reolamat.ion1 Building 46, Denver Federal Center,, Denver, Colorado, that it is prepared to make the initial delivery of water into Lake Granby urr:ier the terms of this contract .. it shall concurrently forward a cheek payable to the order of the United States or America, as an advance pa;yment in the aioount of Two Hundred am Fifty Dollars ($2$0000) for each calendar month from the scheduled date or initial delivery of water hereunder to the m,xt succeeding NovemOO?" 1st~ such amount to be e:redited toward tha water charge in the statement rendered to The City under Article 15 hereof o lOo For each water year, Tbs City shall pay to the United States an advance payment of Three Thousand Dollars ($3Ji000o00) on or before November 1st foll<JJ'ling the date of initial delivery of water into Lake Granby by The Cityo Such charge shall be eredi ted t.cmard the water charge in the statement rendered to The City under Article 15 hereof o If at any time after the first Thre& (3) tull water years of actual se:mce 'Ihe City has r. questad release of more than Three Hum.red { 300} acre- feet in any water year, The City will, on ar before each NovGmber l.Bt thereafter make an additional advance paymnt to the United States or Ten Dollars ($l0o00) per acre-foot for water in excess of Three Hundred {300) acr&=feet released to The City 1n the watier year inmediately preceding, which amount shall be credited toward the charge fot• ater released 1n addition to Three Hundred ( .300) acre-feet in the state- ment rendered to The City under Article 15 hereof o llo Opsrations under this cantract will oonmance upon receipt of the notice and remittance ment:f.oned in Article 9 above am will continue thereafter for a period of Forty (.~O) ;yea.rso ol2 VHumever The City is ready to receive water under the terms of this contract it shall sc> notify the Manager of the District, which shall be tbs agent or the United States f<r the purpose of administering water hereunder while it is being transpm~ted thrau.gh prc1ject facilities that have been transferred t.o the District rw care9 operat.i.on, and milintenanceo The District shall request releases from project works operated by· the United States for pending water orders by The City at the earliest times such ·r:ater can be transported through said facilities without substantial interference with project operationso cl3 There shall be no charge or credit to The City for pissing The City•s 11ater through pro~lect pcmar facilities, and all revenues derlved therefrom shall accrue solely to the United Stateso ol.4 The cmrges to be paid by The City annually per acre-foot of water released under the terns of this contract will be Two l:Jundred and Thirty-Five percentum (2.35%) or the sum of the fol.lmring itemss ao 'lhe cost per acre-f'oot far paurer to pump The City's watero The rate for power ooed for this purpose will be the weighted average rate per kilowatt=hour for conmercial firm electric energy marketed during the fiscal year ending the previous June )oth from the ·western Division, Missouri River Basin Projecto bo An amount bMard costs of administration, operation, maintenance., am replacement of those project features operated at the joint expense of the United States am the District, exclusive of the Willow Creek Facilities (Willovt Creek Reservoir and Dam, Willa1 Creak Pumping Plant, Willow Creek Feeder Canal and Conduit, Willa.'V Creek Power Lines and Switch- yard, and &pptn"tf.marioC31J rslated to thesa features) and exclusive of direct electr-le energy charges for project pumpingo Such amount shall be computed by dividing said costs for the fiscal year ending the !1"Svious June JOt;h by the nl.titi>er of acre-feet of water carried through the Adaln8 Tunnel during the sam fiscal yearo Ceo An amount toward costs of the administration:J operationD maintenance~ and repl;acenent costs of those projec.t features ... 2 = operated and maintained by the Districto Such amount shall be computed by dividing the water year operation and maintenance costs of tM transferred project works by the number of aore- feet or water carried throu~ the Ada.ma Tunnel during the water year, said operation am. maintenance costs of all project features transferred to the District to be the sum of "adminj.strative and indirect costs" and "direct operation and maintenance costs" as determined by the annual audit of the accounts of the :Oistricto lSo On December lat next after th! data of the initia1 delivery of water into Lake Granby hereunder, and each December lat thereafter during the term of this contract~, the United States shall render a sta.tennnt in writing to The City showing the acre··feet. or water released to The City' during the previous water year hereunderJt ar:d the t;otal charge for such sctrvice computed as provided in Article lh hereof, and towa:rd such total amount due fram The City there shall be credited the advance payment theretofore paid and the add1 tional charges paid in advance by 'llB City o If there is any balance due the United States, said balance shall be paid in full by The City within Sixty (60) days after the date of the statemnt rendered by the Unitet:l Stateso In the event Th8 City has overpaid its account with the United State& 1 tl-., over-payment rrs.7 be credited on the next year's installment, or, at the option of The City, re!utded to The Cityo 160 For the purposes of this contract orib' 1 it is agreed that Forty-Two am One-Fourtb1 percentum (42o2S%) of the rewrmes received from The City shall be credited to the District•s share of the annual opGT'&tion and maintenance costs of the projecto 17 o 'Iba books and records of the United States pertaining to the charges mentioned :in Articles 14 and 15 hereof shall be open for inspection by The City at any tine durint~ regular business hoursJ am in the event The City, the United States, am tm Distric't cannot agree as to the correctness of sn.7 such charges, or sane item thereof, then the matter shall be referred to the Secretary of the Interior of the United Sta.11es and his decision wit.h respect to the matter in dispute shall be final. upon the parties hereto in the absence of fraud, mistake, or bad faitho 180 ao If any payment required to be made to the United States is not paid when due, The Cit\r shall pay a penalty of One-Half of Ona percentum (Oo5'%) per month frcmi the date or delinquencyo bo No water shall be relsased by the United States hereumer during any period in which The City is delinquent in any or the payments required of The Cityo The refusal to release water pursuant hereto shall in no wise reduce or modify The City• s obligations to pay for water released prior to the Notice of Delinquency from the United Stateso Co No waiver at any time by the United States of its rights with respect to default or any otoor matter arising in connection with this contract shall be deemed a waiver with respect to any subsequent default or matter,, All rights of action far breach of this contract are reserved to the United States as provided in Section '5l Yf 1 Revised Statutes of the United States, as amended (41 UoSo Co 15) 190 It The City within a period of Right (8) ;years from the date of the execution of this contract has not requested the initial acceptance of water into Lake Granby mreundar, then, at the end or said Eight (6)..iyear period, this contract shall automatically terminate without any further notice to '!he City; PROVIDED FURTHF.R, that if, at a:rv time after the initial delivery of water into Lake Granby-hereunderg The City shall fa:U to request the release of any water he1"8Under fer Three (3) consecutive years, this c<>ntract shall automatically terminate at the end of said Three (:3)-y-ear period withou1; ao.v further notice to The Cit.yo It, after a period of Fif'teen (15) years from tm initial deli-very of water into Lale Granby hereunder, The City has not delivered, or had available for delivery, into Lale Granby' the full amount at its decreed rights in a~ one year$ then the United States may, after considering all tie reasons theref ar advanced by The City and the District, have the right to reduce the mlximum amount it will receive in Lake Granb7 to the greatest mimber or acre-feet delivered b7 The City during aey one of the prGl!eding Fifteen (15) yearso (3) 20,, In addition to all the other terms, conditions and covenants contained within this contract, it is specifically undel"stood am a greed by and between the parties hereto, that the rights of the City hereunder are, S11bject to the following terms, c:onditions am limitations, to all intents and pu.rposes as though set forth verbatim herein, and made a part mreof by reference, to-wits ac All the provisions of Section 13( c) of the Boulder Canyon Project Act, approved December 211 1928 (45 Stato l057)o bo The provisions of Section 14 of the Colorado River Stora~ Project Act, approved April ll, 1956 (70 State 10.S')o Co The terms and provisions of that certain contract Noo llr-1051, including amendments thereof 1 dated July 5, 1938, between the United States of America and the Nort.11ern Colorado Water Conservancy District of Lcn'elam, Colorado. do Tha Final Judgment, Final Decree am Stipulations Incorporated therein in the consolidated cases of the United States of Amari.Ca Vo The Northam Colorado Water Conservancy ~i_strlct 3 et alo_, Civil N'oso 2782, 5016 and 5017,, 1n the United States DiStrict Court for the District of Coloradoo 2lo notwithstanding any other provision or this contract to the contrary,, the Contracrti.Dtg Officer shall rave the unlimited right to cancel and terminate this con- tract at any time upon sixty (60) days• advance notice in writing to The City if any,, or al:Lsi or the folloning conditions occur: ao The Contracting Officer determims that turthar release of water to The City hereunder will be detrimental.,, injurious, or contrary to the opsrating requirements for the Colorado-Big Thompsan Project,, or the operation of the Green }fountain Dam and Reservoir in accordame with the Final Judgment, Final Decree and Stipulations incorporated therein in tl"s cansoll&ted cases of the United States of America Vo 'Iha Northern Colorado Water Conservancy District> et al.,, Civil Noso 2782, 5'016 and 5017, in the United States D:istrict Court for tha District of Coloradoo bo Whenever any court of can.patent jurisdiction shall. render a final judgment to the effect th2.t the U:nited States has no rip;ht to accept or release water under this contract; er ttlat the acceptance or release of water hereunder is interfering withD or is prohibited by, the rights of other lawful appropriators of water from the Colorado River or artS" of its tributarieso 220 n· this contract is terrni.n.:lted at any time for any, ar al.11 of the causes set forth in Article 21 above 1 and at tha tine ot termination The City has on deposit wi1ih the United States furns which are more than sufficient to pay for any water released for The City up to the date of terndr.ation1 aey such excess funds will be prompt]¥ re- funded by tra United States to The City; PROVIDED, OOWEVFR, it the termination is for any cause oth.191" than as set forth in Article 21 a.bove:i any unused fums on hand will be retained ~7 the United States to be applied by the United States on any damages incurred by the United States by reason of the failiU'e of The City to canply with the terms of this cont.racto 230 'lhiB contract shall be binding upon the successors and assigns of the parties hereto, but The City shall not assign this contract,, by operation of law Cir otharwisei to another party without the advance approval in writing fran the Contracting Officer and the Distri•~to Any attempted assignment w ithout su.ch advance approval shall work an immediate autana.tic termination of this contract without any further notice to The Cityo 240 The expenditure of any money, or the performance of acy work by the United States berein provided for, which may require appropriations or money by the Congress or the a .llotment of fu.Ms shall be contingent on such appropriations or allotment being macieo The failure of the Congress to appropriate rums, or the failure of an;v allot.m&n1~ of funds, shall not, however, relieve The City .trom any obligations under this con•t.ract, nor give The City the right to terminate this contract as to any ar its executory featureso No liability shall accrue against the United. States in case of such fUnds not being appropriated or allottedo 250 In connection with the perf'ormince of work under this contract, The City, in this art:i.cls termed the contractor 1 agrees as follows: (a) The contractor will not discriminate against any employee a:r applicant for employment because or race, creed, color, or national origino The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origino Such action shall include 1 but not be limited to, the followings employment, upgrading, demotion or transf erJ recrui tnent or recruitnent advertising; layoff er terminatianJ rates at pay or other fol'm9 of compensation; and selection for training, including apprenticeshipo The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth tbs provisions of this nondiscrimination clauseo (b) The contractor will, in all solitiations, or advertise- mnts for employees placed b,y or on behalf of the contractor, state that all qualified applicants will receive consideration for emplol'?DSnt:. with~ut regard to race~ creed, cal.or, or national origino ( c) The contractor will send to each labcr union or representative of workers with which he has a collective bargaining agreement or other contract or understaming1 a notice, to be provided by the agenoy ccntracting officerit advising the said labor union or workers' representative of the contractor's conmitmente under this section, and shall post copies of the notices in conspicuous places available to employees and applicants for employmento (d) The contractor will compq with all provisions of Executive Order Noo 10925 of 'March 6, 19611 and of the rules, regulations, and relevant orders of the President• s Canmittee on :Equal Employmnt Oppartunity created therebyo ( e) The contractor will furnish all information and reparta required by Exe~ ti ve Order Noo 1092S of March 6, 19611 and by the rules, regu..ta:tions, and orders of the said Committee, ar pursuant thereto, and will permit access to his booksg records, am a~counts by the contracting agency and the Committee for purpose of Investigation to ascertain compliance with such rules, regulations, and orderso (tl1 In the event of the ccntractor•s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled in whole or in pa.rt and the contractor may be declared ineligible £or further government contracts in accords.nae with procedUl"eS authorized in Executive Order Noo 1092$ of March 61 19611 and such othtr sanctions nay be imposed and remedies invoked as provided in the said Executive Order or by rule, regulation, or order at the President• s Com:nittee on Equal Bmploymant Oppori#unity, or as otherwise provided by lawo ( g) The contractor will include the provisions of the foregoine paragraphs (a) throueh (f) in every subcontract or purchase order unless exempted by rules, regulationsii or orders of the President's Co!llnittee on Equal Employment Opportunity issUBd pursuant to section JO) Executive . ") Order Noo 1092$ ot March 61 19611 so that such provisions will be binding upon each subcontractor or vendoro The contractor will take such action with respect to any sub- contract or purchase order &8 the contracting agency rrs.y direct as a means of enforcing such provisions 1 including sanctions far non-compliance: Provided1 however, that in the event the contractor becomes involved iii, o"r is threatened ·~ith, litigation with a subcontractor or vendor as a result or such direction by the contracting agency., the contractor uzay request the United States to enter into such litigation ·to protect the interests of the United Stateso 260 The City wa.rrant;s that no person or selling agency has been e~loyad or retained 11;o solicit or secure this contract upon an agreement or understanding for a coll!lission1 percentage, brdterage, or contingent ree, except.ing bona fide employees or bona fide established con:mercial or selling agencies maintained by The City for the purpose or securing businesso For breach or violation or this warranty, the Government shall have the right to annul. this ccm.tzact without liability or in its discretion to deduct .from the contract price or consideration the full amount of such commission, percentage, brokerage or contingent feeo 27 o No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this contract or to any bane.f'1t that my arise here= trom, but this provision shall not be construed to extend to this cont.ract. if' made with a corporation for its general bemfito IN wrr ~SS Vc'HmEOF, the parties hereto lave affixed their signatures the ~ and date f:Lrst abo'Ve writteno SEAL Attestr SEAL Attest: UNITED STATES OF AMffi.ICA Contracting O!':ricer THE CITY OF ENGIEWOOO, COLmADO B~------~-----------------Mayar 'mE NCRTHERN COL<RADOWATFR CONSERVANCY DIS'lRICT