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Resolution 2012-16
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Resolution 2012-16
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Last modified
3/12/2021 3:00:31 PM
Creation date
2/22/2012 9:01:50 AM
Metadata
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Template:
City Council Records
Doc Type
Resolution
Signed Date
2/21/2012
Ord/Res - Year
2012
Ord/Res - Number
16
Cross-Reference
SECTION 131 CONTRACT
Original Hardcopy Storage
7D5
Supplemental fields
Test
RES 2012-16
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established by the Board for municipal water use in that water year. For the purpose <br /> of this water contract, the water year is defined to be from November 1 to October 31 <br /> of the following year. <br /> If an annual payment as herein provided is not made by due date, written notice <br /> thereof, by certified mail, will be given by Northern Water to the Applicant at the <br /> following address: 749 Main Street, Louisville, Colorado 80027 <br /> Water deliveries shall be suspended as of November 1 of the new water year until <br /> payment of the delinquency is made. If payment is not made within ninety (90) days <br /> after the date of mailing of said written notice, Applicant shall have no further right, <br /> title, or interest under this contract; and the right of use of water as herein made, shall <br /> be disposed of at the discretion of the Board of Directors of Northern Water. Any <br /> proceeds from any sale of the right of use to another allottee shall be paid to <br /> Applicant over and above Northern Water's actual expense in terminating and <br /> disposing of the contract right of use. <br /> 5. This right of use shall be perpetual on an annually renewable basis. If the annual <br /> payment is made as provided in this application, the right of use shall be <br /> automatically renewed another water year without any further notice of Northern <br /> Water; if the annual payment is not timely made, as provided above, the right of use <br /> shall terminate. <br /> • 6. Applicant agrees that the water allocation shall be beneficially used for the purposes <br /> and in the manner specified herein, and that this right of use is made for the exclusive <br /> benefit of the Applicant and shall not inure to the benefit of any successors or assigns <br /> of said Applicant without prior specific approval of the Board of Directors of <br /> Northern Water. <br /> 7. Applicant agrees to be bound by the provisions of the Water Conservancy Act of <br /> Colorado; the rules, regulations and policies of the Board of Directors of Northern <br /> Water as they now exist or as they exist in the future; and by the Repayment Contract <br /> of July 5, 1938, between Northern Water and the United States and all amendments <br /> thereof and supplements thereto. <br /> 8. Applicant agrees, as a condition of this contract, to enter into an "Operating <br /> Agreement" with Northern Water if and when the Board of Northern Water finds and <br /> determines that such an agreement is required by reason of additional or special <br /> services requested by the Applicant and provided by Northern Water. Said agreement <br /> may contain, but not be limited to, provision for water delivery at times or by means <br /> not provided within the terms of standard contracts of Northern Water; additional <br /> annual monetary consideration for extension of Northern Water delivery services and <br /> for additional administration, operation and maintenance costs; or for other costs to <br /> Northern Water which may arise through provision of services to the Applicant. <br />
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