Loading...
HomeMy WebLinkAboutResolution-2000-0020 TITLE: Whereas, Whereas, Whereas, Whereas, RESOLUTION # 20-2000 SERIES 2000 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SPECIAL WATER SERVICE AGREEMENT \VITH CONSOLIDATED MUTUAL WATER COMPANY TO ALLOW FOR THE USE OF THE TURNER PARK WATER TAP FOR IRRIGATION OF THE TRAFFIC ISLAND LOCATED ON PARFET STREET AT 38TH AVE. The CIty of Wheat RIdge has deSIgned and constructed traffic calmmg Islands located adJacent to Turner Park on Parfet Street at 38th Ave and, The CIty of Wheat RIdge deSIres to IrrIgate the traffic Islands usmg the water tap 111 Turner Park, and, The use of this water tap for thIS purpose IS a VIOlatIon of the ConsolIdated Mutual Water Company By-Laws, and, ConsolIdated Mutual Water Company has proVIded a SpeCIal Water ServIces Agreement to allow for the use of the Tumer Park Water Tap to IrrIgate the traffic Island on Parfet Street. NOW THEREFORE BE IT RESOLVED BY THE CITY OF WHEAT RIDGE CITY COUNCIL THAT 1) THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN THE SPECIAL WATER SERVICE AGREEMENT WITH CONSOLIDATED MUTUAL WATER COMPANY TO ALLOW FOR THE USE OF THE TURNER P ARK WATER TAP FOR IRRIGA nON OF THE TRAFFIC ISLANDS LOCATED ON PARFET STREET AT 38TH AVE. S' "'" DONE AND RESOLVED THIS DAY OF MAY, 2000 ~,' Lj (~~~ "ea _.' ATTEST ~~ ~""\ <.. e. ;,.~ (L '\. \-2..1r-... "\. v. .,,1':)") I lJ ,J'0\ Wanda Sang, ciy Clerk .J THE CONSOLIDATED MUTUAL WATER COMPANY SPECIAL WATER SERVICE AGREEMENT TAP NO. 19850 ACCOUNT NO. B 06277 SERVICE ADDRESS: 3790 Parfet Street (Park) This Agreement, executed this _ day of , 19 _ between The Consolidated Mutual Water Company (hereinafter called "Consolidated"), a Colorado non-profit corporation with offices at 12700 West 27th Avenue, Lakewood, Colorado 80215, and: THE CITY OF WHEAT RIDGE (hereinafter called the "Stockholder") WITNESSETH: WHEREAS, Consolidated provides water service to its Stockholders, such service being subject to compliance with its By-Laws, Articles of Incorporation and/or Operating Rules and Regulations (hereinafter collectively referred to as "rules"), and , WHEREAS, the Stockholder has acquired, owns, or has an interest in the following described parcel of land: The North 175 Feet Of The West 279 64 Feet Of The East 306 64 Feet Of Tract 15, Brookside Except That Portion Described In Instrument To County Of Jefferson Recorded In Book 886 At Page 340, According To The Recorded Plat Thereof, County Of Jefferson, State Of Colorado WHEREAS, water service to the Stockholder's property described above is in violation of Consolidated's rules as described below' ARTICLE VII, Section 1 , (a) of Consolidated's By-Laws, states that: "Each stock certificate shall evidence a domestic water tap right only for the premises and structure or structures specifically described on the face thereof Any division in ownership of the described premises, major alteration, or any enlargement or change in use of a structure or structures served shall be promptly reported to the Company in writing by the Stockholder and/or owner and shall require, as a condition for continued service, compliance with the Company's rules and regulations then applicable, including any requirements for the purchase of additional shares of stock. Application for the purchase of additional shares of stock, where involved, shall be made in the same manner and on the same terms as application for new service, with no obligation on the part of the Company to approve the same or fumish service to any new or enlarged or changed structure or structures." CMWCo. SPECIAL WATER SERVICE AGREEMENT PAGE 2 Irrigation of the traffic islands in Partet Street, south of the above referenced property, exceeds the parameters of the tap right granted by Stock Certificate No 62118, for five (5) shares, issued to the Stockholder on June 24, 1988 WHEREAS, the Stockholder wishes to secure, or continue to secure, water service to the property described above, and WHEREAS, Consolidated is willing to provide water service to the Stockholder's property described above, subject to the terms and conditions hereinafter stated: NOW THEREFORE, the Stockholder accepts and agrees to abide by the following terms and conditions as a requirement to receive, or continue to receive, water service from Consolidated for the property described above. 1) Capital Stock Requirements and Timing: The current ownership of five (5) shares, is adequate to serve the above referenced legal description. However, there is a deficiency of five (5) shares for a tap right to irrigate the Partet Street traffic islands south of the referenced property The Stockholder shall not be required to purchase the additional five (5) shares for an irrigation tap as long as this Agreement remains in effect. 2) Physical Modifications: See Paragraph "A" below At the Stockholder's discretion, the Partet Street traffic island irrigation may be removed at any time 3) Billing Computation. The tap shall be billed on the basis of the existing %" meter at rates that exist from time to time CONSOLIDATED AND THE STOCKHOLDER MUTUALLY AGREE THAT: A) Any change in ownership, division of ownership, additional construction, major alteration, or change of use shall require that the conditions causing the violation be corrected and brought into compliance with Consolidated's rules as they may exist at that time B) Consolidated, at its sole discretion, may allow the execution of a new Agreement in lieu of the requirements of paragraph "A" above CMWCo. SPECIAL WATER SERVICE AGREEMENT PAGE 3 C) This Agreement provides for a specific variance and/or waiver for the specific conditions proposed, or existing, on the property described above and is not a general variance from Consolidated's rules as they now exist or may be amended from time to time D) Consolidated may revoke this Agreement upon 90 days written notice as a result of changes in Consolidated's rules, or mandates imposed upon Consolidated by any other competent public or private entities having a legal right to do so E) This Agreement shall be attached to and made a part of the "Application For Water Tap" for the Stockholder's property as described above and shall be recorded with Cieri< and Recorder of Jefferson County, Colorado as a document of public record. IN WITNESS WHEREOF, the parties hereto have executed the within Agreement as of the day and year first above written. THE CONSOLIDATED MUTUAL WATER COMPANY (SEAL) President ATTEST Secretary City of Wheat Ridge . /""/ Subscnbed and sworn to be this K day of y1 f /~/ .t;.',,/ c:. '" ~0/"--S .,r-<-- L~ L , -' My commission expires on