HomeMy WebLinkAboutORDINANCE 05-03C C
ORDINANCE NO.5-03
AN ORDINANCE CONSENTING TO THE TRANSFER OF
CERTAIN WINDY GAP UNITS BY SUPERIOR
METROPOLITAN DISTRICT NO.1 AND AUTHORIZING
AND DIRECTING THE MAYOR AND TOWN CLERK OF
THE TOWN OF ESTES PARK TO EXECUTE AND FILE,
ON BEHALF OF THE TOWN OF ESTES PARK,
COLORADO,SUCH DOCUMENTS AS ARE NECESSARY
TO CONSENT TO THE TRANSFER OF 4 UNITS OF
WATER OF THE MUNICIPAL SUBDISTRICT,NORTHERN
COLORADO WATER CONSERVANCY DISTRICT.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK.COLORADO.
Section 1.The Board of Trustees of the Town of Estes Park,Colorado herebyconsentstothetransferoffour(4)Units of Windy Gap Water from Superior
Metropolitan District No.1 to the Town of Erie.The four (4)Units being transferred
were originally transferred to Superior Metropolitan District No.1 from the Town ofEstesPark,Colorado,pursuant to Ordinance 4-88.
Section 2.The Mayor and Town Clerk of the Town of Estes Park,Colorado,beandherebyareauthorizedanddirectedtoexecuteandfile,on behalf of the Town,suchotherandfurtherdocumentsasarerequiredbytheMunicipalSubdistrict,NorthernColoradoWaterConservancyDistricttoevidencetheconsentoftheTownofEstes
Park to the transfer of the four (4)Units of Subdistrict Windy Gap Water.
Section 3.That the Mayor and Town Clerk of the Town of Estes Park,Colorado,
be and hereby are authorized and directed to execute the Petition for Water Allotment
Contract of the Town of Erie,in the form attached hereto as Exhibit “A”.
Section 4.The Town of Estes Park hereby recognizes and agrees that itsobligationtorepayitsportionofthebondedindebtednessoftheSubdistrictrelatingtotheWindyGapprojectdoesnowandwillinthefuturecontinuetoexist;that saidobligationswillnotbedischargeduntiltherepaymentofallbondedindebtedness
incurred by the Subdistrict as of the date hereof;and that the Subdistrict may levy aspecialassessmentpursuanttoCR5.37-45-1 23 on lands within the Town pursuant to
the terms of the Water Allotment Contract to the Town of Estes Park dated July 11,1975,in the event that Subdistrict does not,for any reason,including but not limited totheinsolvencyorbankruptcyofM.D.C.Land Corporation,or the Superior Metropolitan
District Nos.1,2 or 3 (with regard to all thirty (35)Units originally transferred pursuant toOrdinance4-88),or the Town of Erie (with regard to seven (7)of the original thirty-five
(35)Units transferred to the Superior Metropolitan District No.1),receive the annual
a
payments required by the Water Allotment Contracts of the Town of Erie,or in the event
that the Water Allotment contracts of the Town of Erie are terminated by the Subdistrict
according to their terms.
Section 5.The adoption of this ordinance,and the execution of the documents
authorized herein,shall not revoke or repeal Ordinance No.10-75 of the Town of Estes
Park,as adopted on May 13,1975,nor Ordinance No.4-88 of the Town of Estes Park,
as adopted on March 31,1988,nor Ordinance No.16-02 of the Town of Estes Park,as
adopted on October 8,2002.
Section 6.That the Board of Trustees of the Town of Estes Park,Colorado,
herewith finds,determines and designates that this Ordinance is necessary for the
immediate preservation of the public peace,health and safety,for obtaining water
affects the public peace,health and safety,and whereas,in the opinion of the Board of
Trustees,an emergency exists,this Ordinance shall take effect upon adoption.
PASSED BY THE BOARD OF TRUSTEES AND SIGNED THIS //SJDAYOF
___________________
2003.
TOWN OF ESTES PARK,COLORADOa,tPaas&L
1’ayor
ATTEST:
ibwn Clerk
I hereby certifythat the above Ordinance was introduced and read at the meeting
of the Board of Trustees on the 7/4’day of Sf.144ttt3,..2003,and published in a
new paper of general circulation in the Town of Estes Pa,Colorado on the /%-day
______________
2003.
TOWN OF ESTES PARKq7
Town Clerk
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