Ordinance No. 767

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TOWN OF MILLIKEN

 

ORDINANCE NO. 767

 

AN ORDINANCE AUTHORIZING THE MAYOR AND TOWN STAFF TO APPLY TO THE BOARD OF DIRECTORS OF THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR A CONTRACT FOR WATER ALLOTMENT

AND CANCELLATION OF CERTAIN PRIOR TEMPORARY USE PERMITS

 

WHEREAS, the Town of Milliken, Colorado (“Town”) is authorized under Title 31 of the Colorado Revised Statutes to adopt and amend ordinances in furtherance of governmental administrations and the Town’s provision of public services; and

 

WHEREAS, the Town provides water services to property in its municipal boundaries, and certain properties in the Town have been the subject of Temporary Use Permits of the Northern Colorado Water Conservancy District (the “District”), as shown and provided in Exhibit A, attached hereto and incorporated herein (the “Prior Permits”); and

 

WHEREAS, the Town and the District desire to (1) cancel the Prior Permits, and (2) in conjunction with such cancellation, contract for the Town’s beneficial use of waters for municipal, domestic, irrigation, or other beneficial purposes, pursuant to Section 37-45-123, C.R.S.; and

 

WHEREAS, Section 37-45-123, C.R.S. and Section 13-2-910 of the Milliken Municipal Code provide that the Mayor and Town staff may apply for such contract with the District pursuant to approval from the Town Board of Trustees (the “Town Board”) by ordinance; and

 

WHEREAS, the Town Board desires by this Ordinance to provide such authorization, in addition to authorization to apply to cancel the Prior Permits.

 

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF MILLIKEN, COLORADO:

Section 1.        Incorporation of Recitals.  The foregoing recitals are hereby affirmed and incorporated herein by this reference as findings of the Town Board.

Section 2.        Authorization.           The Mayor and Town staff are hereby authorized to (1) apply to the District for cancellation of the Prior Permits, in substantially the same form as provided in Exhibit A, attached hereto and incorporated herein; and (2) apply to the Board of Directors of the District for water allotment, in order to obtain an allotment contract for beneficial use of water from the District, in substantially the same form as provided in Exhibit B, attached hereto and incorporated herein.

Section 3.        SeverabilityShould any one or more sections or provisions of this ordinance be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this ordinance or of the Municipal Code, the intention being that the various sections and provisions are severable.

Section 4.        RepealAny and all ordinances or codes or parts thereof in conflict or inconsistent herewith are, to the extent of such conflict or inconsistency, hereby repealed; provided, however, that the repeal of any such ordinance or code or part thereof shall not revive any other section or part of any ordinance or code provision heretofore repealed or superseded and this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance or code hereby repealed prior to the taking effect of this ordinance.

Introduced, read, adopted, signed and ordered published by title only by the Board of Trustees of the Town of Milliken this ___ day of ___________________, 2019.

TOWN OF MILLIKEN

                                                                    

Beau Woodcock, Mayor

ATTEST:                                                                     APPROVED AS TO FORM:

                                                                                                                                                        

Cheryl Powell, Town Clerk                                        Linda Michow, Town Attorney

 

Published by title only, together with the statement that “[t]he complete text of all ordinances is available at the Town offices and on the Town’s official website” on February 20, 2019.

 

 

___________________

Cheryl Powell, Town Clerk