The URL can be used to link to this page

Home My WebLink AboutResolution-2000-0024 RESOLUTION # 24-2000 SERIES 2000 TITLE: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE RAW WATER DELIVERY AGREEMENT \VITH CONSOLIDATED MUTUAL WATER COMPANY TO SUPPLY RAW WATER TO THE RECREATION CENTER SITE. WHEREAS, The RecreatlOn Center SHe was deSIgned to be Irngated usmg raw water and, WHEREAS, Consoltdated Mutual Water Company \vIll sell raw water to the CIty from Maple Grove ReserVOIr and, WHEREAS, The Cl1y of Wheat RIdge deSIres to purchase raw water from the ConsolIdated Mutual Water Company and, NOW THEREFORE BE IT RESOLVED BY THE CITY OF WHEAT RIDGE CITY COUNCIL THAT: 1) MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN THE RA\\ WATER DELIVERY AGREEMENT WITH CONSOLIDATED MUTUAL \VATER COMPANY TO SUPPLY RA\V WATER TO THE RECREATION CENTERSlTE. J DONE AND RESOLVED THIS .;l.J ,,, DAY OF MAY, 2000. ATTEST: ; - / )j " '- / / .-1) ',( ; L..-{L/, Y- I ,t'l'y.. Wanda Sang, City C1.erk AGREEMENT This AGREEMENT entered into this ~Jlay of May , 2000, by and between the City of Wheat Ridge, a municipal corporation, 7500 West 29th Avenue, Wheat Ridge, Colorado 80215 ("City"), and The Consolidated Mutual Water Company, a Colorado non-profit corporation, 12700 West 27th Avenue, lakewood, Colorado 80215 ("Consolidated") WHEREAS, the City has acquired a two-inch (2) water tap from Consolidated to be utilized to supply domestic water to the City's Recreation Center located at 4005 Kipling Street; and WHEREAS, the parties have determined that the irrigation of the landscape area would be provided by a raw water system. NOW, THEREFORE, in consideration of the foregoing premises and the following covenants, the parties agree as follows 1 The City shall pay all charges due for raw water deliveries from Maple Grove Reservoir to lena Gulch and meter into its existing storage lake located along lena Gulch at the above said Recreation Center, at the current treated water rate, and as such rates may be established in the future less twenty percent (20%). 2 The City has Consolidated's stock in place to support the existing two-inch domestic tap and meter. Tap Number 23354, Account Number 86003295, and Stock Certificate Number 78027 No additional stock is required for the metered raw water. 3 The City shall determine and inform Consolidated when water needs are to be delivered from said Maple Grove Reservoir to lena Gulch 4 The City has estimated the area to be irrigated at 5 8 acres (+/-) at build-out with the annual raw water use requirements for the area to be 145 acre-feet (+/-) of water per year Raw water deliveries may not exceed 16 acre-feet in anyone-year without prior approval of Consolidated 5 If water restrictions are implemented due to a system-wide water shortage, the City agrees to abide by the same restrictions that are imposed on all of Consolidated's Stockholders AGREEMENT Page 2 6. Consolidated shall absorb the water transportation losses between Maple Grove and the City's storage lake Consolidated will also make the required water delivery accounting reports to the State Engineer's Office and/or the Division Water Commissioner THE CITY OF WHEAT RIDGE ('/ "~I j . /(, B"r Ie k, u LZt ~<'".'1 , n I U"ifL' r- THE CONSOLIDATED MUTUAL WATER COMPANY By' Walter S Welton, President By. Mark S. Laramey, Secretary-Treasurer STATE OF COLORADO ) ) 55. COUNTY OF JEFFERSON ) Subscribed and sworn to me this day of 2000, by Walter S Welton, as President of The Consolidated Mutual Water Company and Mark S Laramey, as Secretary-Treasurer My commission expires Witness my hand and official seal Notary Public [SEAL] AGREEMENT ThIS AGREEMENT entered mto thts ~~ay of June, 2000, by and betv.ecn the CIty of Wheat RIdge, a mUlllclpal corporatIOn, 7500 West 29th Avenue, Wheat RIdge, Colorado 80215 ("City"), and The Consol1dated Mutual v\' ater Company, a Colorado non-profit corporation, lnou West 27th Avcnue, Lakewood, Colorado 80215 ("Consolidated") WHEREAS, the CIty has acqUlred a two-mch (2) water tap from Consoltdated to be utllILed to supply domestIC water to the Ctty's Recreatlon Center located at 4005 Klplmg Street, and \VHEREAS, the partIes have detcnmned that the ImgatlOn ofthc landscape area \\ ould be proVIded by a raw water system. NOW, THEREFORE, m conslderatlon ofthe foregomg premIses and the followmg covenants, the partles agree as follows The Ctty shall pay all charges due for raw water deltvenes from Maple Grove ReservOIr to Lena Gulch and meter mto ItS eXlstmg storage lake located along Lena Gulch at the above satd RecreatIOn Center, at the current treated water rate, and as such rates may be establIshed m the future less twenty percent (20%) 2 The CIty has ConsolIdated's stock m place to support the eXlstmg two-mch domestlc tap and meter Tap Number 23354, Account Number B6003295, and Stock CertIficate Number 78027 No addItIOnal stock IS reqUIred for the metered raw water 3 The CIty shall determllle and mform ConsolIdated when water needs are to be delIvered from SaId Maple Grove ReservOIr to Lena Gulc~. 4 The CIty has estImated the area to be Imgated at 5 8 acres (+/-) at buIld-out WIth the annual raw water use reqUIrements for the area to be 14.5 acre-feet (+/-) of water per year Raw water delIvenes may not exceed 16 acry-feet m anyone-year WIthout pnor approval of ConsolIdated. 5 If water restnctlOns are Implemented due to a system-wIde water shOIiage, the CIty agrees to abIde by the same restnctlOns that are Imposed on all of ConsolIdated's Stockholders. 6. ConsolIdated shall absorb the water transportatIOn losses between Maple Grove and the CIty's storage lake ConsolIdated wIll also make the reqUlred water del1vcry accountmg reports to the State Engmeer's Office anel/or the DIVISIOn Water CommIssIoner 7 There IS m effect \vIthm the CIty of Wheat Rtdge, Colorado, a prOVISIon of the CIty's Code of Laws which lImIts the amount for whIch the CIty shall be lIable to the amount expressly appropnated by the CIty CouncIl, either through budgeted appropnatlOn, or contract or btd award. ConsolIdated IS speCIfically adVIsed of the provlSlon oftl1lS portIOn of the Code of Laws of the CIty of Wheat RIdge, whIch was enacted pursuant to OrdInance 787, Senes of AGREEMENT Page 2 1989, and expressly mcorporated herem. Thts contract tS speCIfically subJ ect to the provIStOn of said Ordmance and adopted Code SectlOn. 8 The laws of the State of Colorado shall govern as to the mterpretatlOn, valtdlty, and effect of tIns Agreement. The partIes agree that venue and JurisdlctlOn for dIsputes regardmg performance oftllls contract IS \vtth the Dlstnct Court of Jefferson County, Colorado 9 Any notice or commUl11catlOn gIven pursuant to thts Agreement to the CIty shall be made m wntmg to Gary Wardle, 7500 West 29th Avenue, Wheat RIdge, Colorado 80215, (303) 231- 1306 A9l:4J . Wanda Sang, CIty CI~ ~~ ~ . ~ ..::: ; if i~' ;:' j i UijT~IE CONSOLIDATED MUTUAL WATER COMPANY ::.... .By,~ :; i; i i::. ~ ;pWalter S Welton, Prestdent . '. . ". . '. . ~$~ Gerald Dahl, CIty Attorney BY' Mark S Laramey, Secretary-Treasurer STATE OF COLORADO) ) 55. COUNTY OF JEFFERSON) Subscribed and sworn to me thIS _ day of 2000, by Waltcr S Welton, as PresIdent ofthe Consoltdated Mutual Water Company and Mark S Laramey, as Secretary- Treasurcr My commlSSlOn expIres WItness my hand and officIal seal. Notary Publtc (SEAL)