HomeMy WebLinkAboutMINUTES Town Board 1940-06-10218
Cotun of Coto l9ath, Larimer County, Colorado, June 10, 19 40
Minutes of a regular
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 10
day of June , A. D. 1940 at regular meeting hour.
Meeting called to order by Mayor C.N. Rockwell
Present: MayorC.N. Rockwell Trustees: R.C. Brodie,
G.E. Casey, R.H. Lindley, Geo. W. Watson.
Absent: Guy W Albright and Glen H. Preston.
Minutes of a regular meeting held on May 27, read and
approved as read.
Trustee Lindley moved and trustee Watson Seconded
the motion that the following bills be allowed and paid
and that the Clerk be instructed to draw warrants for same;
E.W. Wallace, services
R.M.P.T. Co., freight
Lee H Tallant, salary
Smith's Cleaners, supplies
Bert Sloan, wages
Chas. M. Armstrong, licenses
Bert Sloan, wages
Orville Thomas, wages
Paul K. Smith, wages
Lynn Sloan, wages
E.E. Holton, salary,
E.O. Banks, salary
Carl Hyatt, salary
Ray Hurt, salary
V.H. Fanton, salary
E.W. Wallace, wages
Lee H. Tallant salary
Lynn Sloan Salary,
Paul K. Smith, wages
W.E. Baldridge, services
E.P. Chamber of Commerce
Petty cash,
Fred Mueller, Inc. supplies
Hendrie & Bolthoff, supplies
Hendrie & Bolthoff, supplies
Continental Oil Co., supplies
B.K. Sweeney, Supplies,
C.F. Hix, Agent, premimums
Mine & Smelter Supply, supplies
Linde Air Products Co. supplies
E.P. Lumber Co., supplies,
Thompson Mfg. Co., supplies
Public Service Co., service
E.P. Plumbers, supplies
E.P. Trail, publishing
E.P. Hardware, supplies
Schwilke Truck, Supplies
Hatfield Chilson, services
E.P. Blacksmith Shop, servile
Preston Garage, supplies
Seery's Station, service
E.C. Gooch, supplies
Smiths Cleaners, service
Out West Printing Co., supplies
E.P. Bank, draft
E.P. Libary, donation
39.50
7.40
87.50
62.25
14.00
1381.25
45.00
44.00
93.00
82.50
125.00
125.00
125.00
135.00
100.00
2.00
7.50
18.00
9.50
4.95
1375.00
30.00
12.00
7.74
35.53
91.0
22.29
314.67
25.60
2.68
23.81
61.19
110.71
4.58
8.10
6.99
7.25
50.35
19.85
5.83
1.00
37.00
1.95
2.22
63.05
100.00
Upon roll call said motion was carried by the following
vote: Yes, trustees Brodie, Casey, Lindley and Watson.
No, None.
219
Croton, of Cotes park, Larimer County, Colorado,...
19
Minutes of a_ .... 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
day of _ , A. D. 19 _,. at regular meeting hour.
Meeting called to order by Mayor_..
Present: Mayor Trustees:
At this time a proposed Franchise from the Town of Estes
Park to The United States of America was read to the,.Board.
Whereupon trustee Brodie moved and trustee Casey seconded
the motion that legal notice be published stateing that
the board would consider said franchise for pasage at the
regulaf meeting on July 8th, 1940. Upon roll call said
motion was car led by the following vote; Yes, trustees
Brodie, Casey, Lindley and Watson, No: None.
Trustee Lindley introduced an ordinance which was
read in full. Whereupon trustee Watson moved and trustee
Casey seconded the motion that said ordinance entitled
AN ORDINANCE FOR THE LICENSING
OF PIN BALL MACHINES AND OTHER
AMUSEMENT DIVICES AND REGULAT*
ING THE USE THEREOF
be passed and adopted and published according to law, and
that it be numbered eighty-six. Upon roll call said
motion was carried by the following vote; Yes, trustees,
Brodie, Casey, Lindley and Watson. No. None
Whereupon Mayor Rockwell declared said motion carried
and said ordinance passed and adopted.
Trustee @asey introduced an ordinance which was
read in full. Whereupon trustee Lindley moved und. trustee
Brodie segonded the motion that said ordinance entitled
AN ORDINANCE RELATING TO THE SALE
AND USE OF FIRE CRACKERS AND FIRE
WBRKS IN THE TOWN OF ESTES PARK
COLORADO.
be passed and adopted and published according to law, and
that it be numbered eighty-seven. Upon roll call said
motion was carried by the following vote: Yes, trustees
Brodie, Casey, Lindley and Watson. No. None.
Whereupon Mayor Rockwell declared said motion carried
and said ordinance passed and adopted.
An application for a 3.2% beer license signed by
L.L. Burscough was presented to the board. Trustee
Casey moved and trustee Brodie senonded the motion that
the license be issued. Upon roll call said motion was
carried by the following vote; Yes, trustees, Brodie,
Casey, Lindley and Watson. No, None.
Trustee Lindley introduced the following resolution.
WHEREAS, The Estes Park Sanitation District has
been formed, ehich includes all of the Town of Estes Park
as well as outside territory;
AND WHEREAS, said District is willing to take over
and operate and maintain the sewer system now owned and
operated by the Town of Estes Park, provided that the
Town will furnish a site for the proposed sewage disposal
plant to be built by said District and allow the District
the use of the first party's sewer system and present
sewage disposal plant and the use of the streets and alleys
and easements for the operation of said sewer system;
AND WHEREAS, a proposed agreement between the
Town and said District has been read in full and discussed
by the Board of Trustees.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
220
�OtUII Of (EOM Park, Larimer County, Colorado,,. 19
Minutes of a 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 _............r.......,.....,
day of A. D. 19_......, at regular meeting hour.
Meeting called to order by Mayor
Present: Mayor
Trustees:
TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, that the
Mayor and Town Clerk be, and they are heregy, authorized
to execute said Agreement for and on behalf of said Town.
AGREEMENT
This agreement made and entered into this 10th
day of June, A.D. 1940, by and between The Town of Estes
Park Colorado, a municipal corporation, party of the first
part and The ESTES PARK SAINTATION DISTRICT, a political
subdivision organized and existing under the laws of the
State of Colorado, party of the second part, is upon the
following terms and conditions, to -wit:
WHEREAS, The Town of Estes Park is the owner of a
sanitary sewer system, together with a sewage disposal plant,
which sewer system serves users within the Town of Estes Park
and other users located outside of the corporate limits of the
Town of Estes Park;
AND WHEREAS, the sewage disposal plant owned by the
first party is insufficient to properly dispose of the sewage
taken into said sewer wywtem, and it is necessary to re-
construct siad sewage disposal plant or construct a new one;
AND WHEREAS, the second party, The Estes Park $
Sanitation District, has been created, which District includes
all of the real estate within the corporate limits of the Town
of Estes Park as well as all real estate now being served by
said sewer system belonging to the first party;
AND WHEREAS, said second party has power to construct,
operate and maintain a sewage disposal plant and sewer system
to serve all lands within the boundaries of said Sanitation
District, and has power to extend said sewer service to lands
not now being served by said sewer system;
AND WHEREAS, the first party is not financially
able to extend its sewer system or to re -construct their
present sewage disposal plant or construct a new one and
does not desire to further extend said sewer system beyond
the corporate limits of the Town of Estes Park;
AND WHEREAS, the second party is ready, willing and
able to construct a -good and sufficient sewage disposal plant
and operate and maintain the same for the benefit - of the
District, including the inhabitants of the Town of Estes
Park and extend, operate and maintain a sewer system in
connection therewith for the service of said District and
inhabitants of theTownof Estes Park, thereby relieving the
first party of the expense and obligation of constructing a
new sewage disposal plant and extending said sewer system;
provided that the first party will furnish a site for said
sewage disposal plant and allow the second party the use of
the first party's sewer system, sewage dispo+al plant and
appurtenances, and the right to operate, alter, extend and
replace said sewer system for the use of The Estes Park
Sanitation District.
AND WHEREAS, the first party ddsires to relieve
itself of the expense of management, operation and maintenance
of the sewer system and ddsires that the second party shall
assume the obligation of furnishing the sewer service hereto-
fore furnished by the Town of Estes Park;
221
EOM Of QEOt¢% Park, Larimer County, Colorado,...„....... 19_ . ..
Minutes of a . .... meeting of the Board of Trustees of the Town of Estes Park, Larimer
County, Colorado. Meeting held in the Town Hell in said Town of Estes Park on the
day of. A. D. 19 _ at regular meeting hour.
Meeting called to order by Mayor ..
Present: Mayor Trustees:
AND WHEREAS, the expense of operation and main-
tenance of the entire sewer tem whould be borne by the
Sanitation District inasmuch as said sewer system as well
as the sewage disposal plant is for the benefit of the
entire District;
NOW, THEREFORE, IT IS MUTUALLY AGREED, as
follows:
FIRST: The first party hereby leases to the
second party the following discribed real property
located in Larimer County, State of Colorado, to -wit:
Beginning at a point whence the Northwest
corner of Section Thirty (30), Township Five (5)
North Range Seventy-two (72) West of the Sixth
Principal Meridian, bears North 78o 21' West a distance
of 274.2 feet; thence North 26o 45' East a distance
of 100.0 feet; thence North 610 37' Eatt a distance of
100.0 feet; thence North 78001' East a distance of 100.0
feet; thence south 2o29' East a distance of 210.9 feet;
thence South 56o15' West a distance of297.5 feet; thence
North 2o00' East a distance of 218.3 feet to the place
of beginning; rogether with the right of ingress to
and egress from said property; reserving however, to
The Town of Estes Park such use of said lands as may
not interfere with the use of the same by the second party
and also reserving to the first,party the right to
use jointly with the second party the right of way to
and from said above discribed tract of land.
SECOND: The first party hereby grants to the
second party complete control over the present sewage
disposal plant, including the right to maintain and operate
the same alter, repair, or replace the same, or to tear it
down and remove it in its entirety4 and the second party
shall have the right and privilege in case of the destruction
of said sewage disposal plant to salvage such materials and
equipment therefrom and to dispose of the same or to use the
same in the construction of a new sewage disposal plant.
THIRD: The first party hereby gives and grants
unto the second party exclusive control and dominion over
the entire sewer system of the Town of Estes Park, including
all sewer mains, laterals, and service pipes, equipment used
in connection with the sewage disposal plant, all manholes
and other appurtenances made and located outside of the
corporate limits of the Town of Estes Park; and the second
party shall have the right and privilege to operate and
maintain said sewer system and sewage disposal plant, alter,
repair, remove, replace and add to said system and sewage
disposal plant, the same as if said sewer system and sewage
disposal plant were the property of the second party, and the
second party shall have the power to operate and maintain
and extend said sewer system and sewage disposal plant under
such rules and regulations as it may see fit to adopt.
01
Cr1
cotunotenqespark Larimer County, Colorado, 19
Minutes of a 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..._.....,. ................,
day of..........,. .............__. A. D. 19 at regular meeting hour.
Meeting called to order by Mayor ...__..__e.._.._._........ .._........m..............„.....,...
Present: Mayor Trustees:
FOURTH: To effect the purposes of this agreement,
the first party hereby gives and grants to the second party
the right to use all rights of way and easements which the
first parley may have across private roperty, and hereby gives
and grants unto the second party the right and privilege of
using the streets, alleys and other public ways and property
over which the first party has jurisdiction and control, for the
purposes of operating, maintaing and extending said sewer system and
sewage disposal plant or for any purpose incident thereto and
for the purpose of giving effect to the provisions of this
agreement; provided, however, that in the use of street, alleys,
and other public ways the second party shall comply with all
reasonable regulations of the first party as to the place and
manner of installation or repair of such sewer system,
and bhall replace the surface of such streets, alleys and
other public ways with the same kind of surfacing as was
removed, so as. not to damage the surface of such streets
alleys and other public ways.
FIFTH: As consideration for this agreement
the second party hereby agrees to reconstruct the present
sewage disposal plant owned by the first party or construct
a new sewage disposal plant, and that said re -construction or
new construction shall result in a sewage disposal plant
sufficient in capacity and operation to properly dispose
of the sewage from the present sewer system now owned by The
Town of Estes Park and to operate, maintain and when necessary,
enlarge said sewage disposal plant so that said plant will
properly dispose of the sewage from said sewer system and any
extensions thereof, so that at all times the citizens of said District,
will have proper disposal of their sewage.
SIXTH: As further consideration for this agreement
the second party agrees to operate, maintain and repair such
sewer system in such a manner as to give good and proper
sewer service to the users of the sewer system who are now
connected therewith; and to allow owners of real estate
within the Town of Estes Park to connect their properties with
said sewer system upon such conditions and under such rules
and regulations as the second party may require and adopt;
and the second party agrees to otherwise properly maintain
and operate a good and sufficient sewer system and sewage
disposal plant for the dispd3a1 of sewage of the citizens
of the Town of Estes Park. It is the intention of the
parties hereto that the second party shall relieve the first
party of all obligation to construct, operate and maintain
a sewer system and sewage dispolal plant and that the second
party shall take over the present existing sewer system
and sewage disposal plant, make such additions and alterations
thereto as may be necessary or proper, and so operate and
maintain such sewer system without expense or o..ligation to
the first party.
SEVENTH: As further consideration the second
party agrees to save the first party harmless from any and
all claims for damages of every kind or nature which may
arise by virtue of the use, operation, maintenance, alteration,
repair, construction of said sewage disposal plant and the
said sewer system; it is the intention hereof that the second
party shall assume all obligations of every kind or nature in
or pertaining to said sewer system and the disposal of
sewage through and by means of said system, whether said
obligations arise directly from aaid sewer system and sewage
disposal plant, or incident thereto.
2
fCOtIJU Of Caro pork, Larimer County, Colorado 19
Minutes of a... 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
day of A. D. 19 .__. at regular meeting hour.
Meeting called to order by Mayor.
Present: Mayor Trustees:
EIGHTH: This agreement shall become effective
as of the first day of June, 1940, and on that date
the second party shall assume the obligation of the operation
and maintenance of said sewer system and sewage disposal
plant.
NINTH: This agreement shall remain in full force
and effect so long as the second party shall furnish adequate
sewer service as herein specified or until such time as either
party hereto shall violate any of the conditions of this
agreement, in which event the other party hereto may give
notice of the termination of this agreement, such notice to be
served at least three months prior to the termination date, and
if at the end of said three months period one of the parties
to this agreement is still in default, then this agreement
shall terminate. The termination herein provided for shall
not be the exclusive remedy, but either party may sue for the
specific performance of this agreement .
IN WITNESS WHEREOF, the Town of Estes Park, Colorado,
has caused its corporate name to be subscribed hereto by its
Mayor and its corporate seal affixed hereto attested by its
Town Clerk, and The Estes Park Sanitation District has caused
its name to be subscribed hereto by its President and its
corporate seal affixed hereto attested by its Secretary the
day and year first above written.
ATTEST Mayor
V.H. Fanton
Town Clerk
ATTEST:
Verne H F on
Secretary
TOWN OF ESTES PARK, COLORADO,
a municipal corporation
By C.N. Rockwell
The Estes Park Sanitation District
By Chas. FHix_
President
Trustee Brodie moved and trustee Casey seconded
the motion that the Mayor and the Clerk be authorized to
execute a lease with Mr. John Griffith, in order that the
Town may have a source of supply for gravel. Upon roll call
said motion was carried by the following vote; Yes, trustees
Brodie, Casey, Lindley, and datson; No, none.
There being no further business to come before
the metting, it was regularly moved, seconded and carried
that the meeting adjorn.
Clerk