Loading...
HomeMy WebLinkAboutMINUTES Town Board 1936-08-2583 Cobign ofOotimPark, Larimer County, Colorado, August %5th., , 19.36 Minutes of art .tidiQUI19..d......meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 25th day of August. . . . A. D. 19 36. at regular meeting hour. Meeting called to order by Mayor C. N, RoCkWal Present: Mayor C. N. Rockwell Trustees: Harry B. Boyd, G. E. Casey, C. Byron Hall, and S. M. Hurd. Clerk Chas. F. Hix. Abeent, Trustees Glen H. Preston and E. R. Rivers. Mr. Julian Hayden came before this meeting presenting contract which the Town Attorney had drawn up in regard to supplying water to the Broadview Water System, owned by the Hayden Realty Company. Thereupon, said contract was read in full and is as follows: This agreement made and entered into this twenty-fifth day of August, A. 5. 1936, by and between the Town of Estes Park, Colorado, a Municipal Corporation, party of the first part and Julian Hayden and Louise Reed Hayden, parties of the second part, is upon the following terms and conditions, to -wit: WHEREAS, the first party is the owner of certain water rights and a water system for the furnishing of water to the citizens of the Town of Estes Park and certain territory adjacent to said Town; AND WHEREAS, the second parties are the owners of a certain water distribution system located in Broadview illodivision near the Town of Estes Park; AND WHEREAS, the first party has been furnishing water to the distribution system of the second parties through a three-quarter inch pipe line; AND WHEREAS, the second parties desire to improve the efficiency of the water service through their said distribution system in Broadview Subdivision; NOW, THEREFORE it is agreed as follows: The party of the first part agrees to extend its present two inch water main from its present termination on Reed's Subdivision to the tank of the second partiee' distributing system, located on Broadview Subdivision,. on or before April let, 1937, and further agrees to furnish water through said two inch main to the said tank of second parties' distributing system from May let to September 30th each year during the existence of this agreement, subject, however, to the further provisions of this agreement. The second parties agree to reimburse the first party for the cost of the construction of said two inch main extension, but not to exceed the sum of Fifty Cente (500) per foot for such extension. The said two inch main as extended shall be and remain the property of the first party and the first party shall have sole control and management of said water main and the second parties shall have no interest therein except the right to be furnished water therefrom as herein provided. The second parties agree to pay to the first party for the water so furnished to the distributing system of Broadview Subdivision, the sum of $7.50 per year for each house or cottage so furnished with water from said distributing system. Each house or cottage so furnished with water shall be entitled to use water for one sink, one tub, one toilet and one lavatory for said rental. For any additional fixtures other than those mentioned, the second parties agree to pay to the first party the regular rate as now or may hereafter br provided by the ordinances, rules and regulations of the first party for such additional fixtures. IT IS UNDERSTOOD AND AGREED that this agreement is made with the second parties as owners of said distribution system and not with the individual consumers of water thereunder, and the second parties are personally bound to the first party for the payment of the water rentals herein provided for and the first party shall not be required to look to the consumers of the water or other persons other than the second parties for the payment of said rentals. IT IS MUTUALLY UNDERSTOOD AND AGREED that the first party will serve consumers in the wrest half of Reed's Subdivision with water upon application therefor by the consumer upon such terms and conditions and for such rental, as prevail in similar sections served by the first party outside the corporate limits, as the first party may from time to time prescribe, and that the first party may serve such other persons from said two inch main line extension as the party of the first part may desire. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that if it should be held that in the sale and distribution of water outside of the corporate limits of the Town of Estes Park, that the first party is a public utility and subject to the jurisdiction of the Public Utilities Commission, then and in that event this agreement shall be subject to such regulations as the Public Utilities Commission may prescribe. 01 tml et cows park, Lorimer County, Colorado,. ,19 4t1 Minutes of a meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall Tn said Town of Estes Park on the day of., , A. D. 19. at regular rneeting hour. Meeting called to order by Mayor.. Present: Mayor Trustees: IT IS FURTHER MUTUALLY UNDERSTOOD AND N".:REED that the first party does not guarantee either steady preesure or its source of supply of water and in case of a shortage of supply of water, the inhabitants residing within the corporate limits of the Town of Estes Park shall be first served with water and should the entire water supply be ineufficient to serve the residents within the Town of Estes Park end the persons to be served under this agreement, then and in that event the water supply herein provided for may be cut off by the first party during such shortage. The second parties further agree that they will not connect on to their distributing system any additional consumers of water unless the properties to be served are located within the boundaries of Broadview Subdivision as now laid out and platted. IT IS FURTHER UNDERSTOOD AND AGREED that this agreement shall terminate twenty years from the date hereof, unless extended in writing at the end of said twenty years for an additional period of time by the parties hereto, their successors or assigns. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that should the second parties fail or refuse to pay the rentals herein provided for to be paid, or should the second parties fail or refuse to perform any of the other covenants and conditions herein contained, then and in that event the first party may declare this agreement termin- ated upon giving thirty days written notice of its intention do to do and upon termination of the agreement as herein provided for, this agreement shall be of no further force or effect. IT IS FURTHER UNDERSTOOD AND AGREED that this agreement shall be binding upon the heirs, administrators, executors, successors or assigns of the parties hereto. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written. Trustee Casey moved and Trustee Boyd seconded the motion that the following resolution be passed and adopted: WHEREAS, the Town of Estes Fark purchased from the Estes Park Water Company its water supply and distribution system subject to existing water contracts; AND, WHEREAS, the Hayden Realty Company had a contract with the Estes Park Water Company for the furnishing of water to the distribution system in Broadview Sub- division, which contract was made prior to the acquisition of the water system by the Town of Estes Park; AND, WHEREAS, Julian Hayden and Louise Reed Hayden are the owners of the distribution system in said Broadview Subdivision and desire to increase the efficiency of the water supply in said distribution system; AND, WHEREAS, the said Julian Hayden and Louise Reed Hayden have agreed to pay the costs of a two inch main extension from the water main of the Town of Estes Park in Reed Subdivision to the tank of the Broadview distributing system, provided that the cost of said extension does not exceed 500 per foot; AND, WHEREAS, a proposed agreement for said extension of water service has been read in full to the Board of Trustees; NOW, THEREFORE, BE IT ORDAINED by the Board of Trustees of the Town of Estes Park, Colorado: that the Mayor and Town Clerk be and they are hereby authorized to execute on behalf of the Town of Estes Fark, the proposed agreement between said Town and Julien Hayden and Louise Reed Hayden and that said proposed agreement be and the same is hereby approved. BE IT FURTHER RESOLVED that said agreement when executed, shall be incorp- °rated in the minutes of this Town Board meeting. Upon roll call eaid motion carried by the following vote: Yea, Trustees Boyd, Casey, Hall, and Hurd. Nay, none. Whereupon, the Mayor declared said resolution passed and adopted. There being no further business to come before the board it was regularly moved, seconded and carried that meeting adjourn. AllLSTt Clerk Mayor