The URL can be used to link to this page

Home My WebLink About1985-08-29 (Special) Meeting Agenda• • • - City Council Meeting -Special August 2:3 , 1985 • 0 • • • 0 0 I . • • • ' • • - COUNCIL CHAMBERS City of Englewood, Colorado August 29, 1985 SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on August 29, 1985, at 6:15 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Higday. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Bilo, Bradshaw, Otis. Absent: Council Members Vobejda, Weist. The Mayor declared a quorum present. * * * * * * * Also present were: Acting City Manager Vargas ORDINANCE NO. 51 SERIES OF 1985 * * City At torney Olsen Deputy City * * * BY AUTHORITY Clerk Owen * * COUNCIL BILL NO. 59 I NTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE CONCERNING WATER RIGHTS TO, AND THE USE OF, WATER FROM THE DAWSON , DENVER, ARAPAHOE, LARAMIE -FOX HILLS; AND DAKOTA AQUIFERS; REQUIRING DEEDED WATER RIGHTS IN CONNECTION WITH WATER SERVICE CHANGES; REGULATING WELL CONSTRUCTION; REPEALING CONFLICTING ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 59, SERIES OF 1985, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Bilo, Bradshaw, Otis. None • I • • - • Augus t 29, 1985 Page 2 Absent: • • • Council Members Vobejda, Weist. The Mayor declared the motion carried. * * * * * * * There being no further business, COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. The Mayor declared the meeting adjourned without a vote at 6:20 p.m. I . - • 1. ____ l},~ Call to order, call. • • • AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL AUGUST 29, 1985 ,/ ~~~:~~rn invocation, pledge of allegiance and roll To consider an ordinance on final reading which will allow the City of Englewood in accordance with the State Legislature to claim all deep acquifer ground water which has not been claimed by private interests prior to January 1, 1985. 3 • Adjournment. ~~ PETER~ Acting~~~Manager AM/sb • I . ( ( • OHIJlNI\NCE 1\Q. Sl~H!F..S OE" 198_5_ • • - BY AUTHORITY COUNCIL BILL NO. 59 INTROOOCED BY COUOCIL MEMBER HICDAY AN OllDINAICE COOCERNING WATER RIGHTS TO, AID THE USE OF, WATER FRCM THE DAWSON, DENVER, ARAPAHOE, LARAMIE -FOX HILLS; AND DAKOTA ACX]IFERS; REQUIRING DEEDED WATER RIGHTS IN CONNOCTION WITH WATER SERVICE CHAt«iES; REGJLATING WELL CONS TROCTION ; RE PEALING CONFLICTING ORDINA!CES; AND ESTAB LISHING AN EFFEX::TIVE Dr\TE; AND DOCLARING AN EMERGEICY. WHEREAS, the State of Colorado has enacted Senate Bill s, effective July 1, 1985, concerning ground .ater, and making an appropriation in connection therewith; and WHEREAS, the City Council finds that it is prudent for the City of Englewood to increase its water supply and .ater rights to serve the present and future needs of the residents, land owners, business owners, and other water consumers inside and outside the City; and WHEREAS, the water appropriated, through the provisions of Senate Bill 5, can be appropriated, diverted , and beneficially used for consumption and general use by the public within and without the boundaries of the City of Englewood, for the irrigation of property, for the fighting of fires, for use in a plan for augmen- tation to develop water for such uses, and for other municipal purposes as deaned appropriate by the City Council; and WHEREAS, the City Council finds that it is in the best interest of the residents of the City and the general public, to protect the ground water resources below the City from depletion and possible contamination caused by the drilling of private wells into said aquifers, and to prevent interference with the municipal use of said water and .ater rights; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUI'CIL OF THE CIT Y OF ENGLEWOOD, COLO RAOO, tha t: Section 1. The City of Engl ewood he reby claims, appropr1ates , and incorporates into its mun i cipal service plan , all r ight , title, and inter est in , a nd to, ground water and wate r rights in the Dawson, Denv e r, Ar a pahoe, Larcunie-Fox Hills and Dako ta aqu i fer s (he r e inafter r e f e rred to as "said aquifers") und e r l ying a ll l ands wi t hin the boundaries of the City of Englewood (here inafter referred t o as "the City") as those boundaries existed on J a nua ry 1, 1985, except that this ordinance does not apply to: • I • ( • • • • a) ground ~oeter tha t has been conveyed or reserved, o r where consent to use such ground water has been given or reserved in writing prior to January 1, 1985, to anyone other than the City, and where such conveyance, reservation, or consent has been properly recorded in the records of Arapahoe Omnty prior to August 31, 1985: b) ground ~oeter underlying land where ~oeter service is not reasonably available frCJn the City and no plan has been established by the City allowing the landowner to obtain an alternative water supply: c) ground water where, the consent to use such ground water has been given to anyone other than the City by the lawful effect of an Ordinance or resolution adopted prior to January 1, 1985: d) ground ~oeter that has been decreed or petmitted to anyone other than the City prior to the effective date of this ordinance: or e) ground ~oeter underlying l and Where water service is not being provided by the City as of the effective date of this Ordinance, and such ground water is the subject of an application for detetmination of a right to use ground ~oeter filed in the water court prior to July 1, 1985. Section 2. Any person who a pplies for water service, or a change 1n ~oeter service, frCJn the City's water system shall, as pa.rt o f the application and as part of the consideration thereof, tender to the City a properly executed deed conveying to the City the water and ~oeter rights in said aquifers underlying the lands to which service is requested, and ~oerranting that he has not conveyed his/her interest in such water, water rights, or the consent to use or wi t hdraw ground ~oeter underlying such lands, have not been conveyed to other persons or enti ties. Sectio n 3 . No person may withdra w ground ~oete r subj ect to this Ord i nance , or d r il l, or o therwise constr uct a we l l, fo r the purpose of withdrawing ground ~oeter subject to this Ordinance , except as specifically allowed by the water court of the state of Colorado . Section 4 . If any part or parts of this Ordinance a r e , f or any reason, held to be i nvalid , such decision shall no t affect the validity of the r em ain ing portions of this Ord i nance . The City Council hereby declares that it wou ld have pas s ed this Ordi nance and each part or parts thereof , irrespective of the f a ct that any one part or parts be declar ed invalid. 2 • I • - ( • • • • Section 5. All Ord inances , or parts of Ordinances, of the City that are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 6. '!he City Council deans this to be an anergency ordinance arid needed for the immediate preservation of the public health, safety and welfare. Section 7. '!he effective date of this Ordinance is the 29th day of August, 1985. Introduced, read in full, and passed on first reading on the 19th day of August, 1985. Published as a Bill for an Ordinance on the 21st day of August, 1985. Read by title and passed on final reading on the 29th day of August, 1985. Published by title as Ordinance No . __ , the 4th day of Septanber, 1985. Series of 1985, on Attest: &!gene L. Otls , Mayor ex off1cio C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Ehglelo.Qod, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ord inance passed on final reading and published by title as Ordinance No. __ , Series of 1985. Gary R. H1gbee 3 • I • • • • • AGE NDA ITEM ---- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlgday Neal Vo beida Weist Bllo Bradshaw Otis MOTION: I . . • • • • • AGEND A ITEM -----PRESENTED BY --------------- ROLL CALL Moved Seconded Ayes Nay Absent Absta i n "~_gaay ,__. Nea_l_ t.-- Vob~]da ~ W~s t 1.-- Bl lo ....- Bradshaw J..-- Otis ~ MOriON: I • • • • • • - AGENDA ITEM c{. PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain v Hlgoay -Neal Vobe]da -Wei st ...k::_ Bllo Bradshaw Otis I • • MOTION: c ~~ 1t )<1 •