The URL can be used to link to this page

Home My WebLink AboutPACKET Public Works 1994-10-27AGENDA Public Works Committee October 27, 1994 9:30 A.M. 1. Weed Control EVIA request for additional Town support 2. Executive Session i Contract negotiations; Attorney/Client Reports: 1. Customer Service Response ~ Monthly Water Report 2. 3. Lake Estes Path update and history 1 4. Neighborhood Mail Delivery update 5. Nov. PWC meeting cancellation Note: The Public Works Committee reserves the right to add or delete items from the agenda as necessary 0 f - -#,Al ESTES VALLEY ~|g V I ./.\.~~ IMPROVEMEN-F ASSOCIAIION, 1[!C. 1 '.0. Box 597 Fsles Paik. Colcindo 80517 (303) 586-9519 October 6, 1994 Gary Klaphake Town Administrator Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 RE: Weed Control Dear Gary, During the past year, both the U.S. Forest Service and RMNP have instituted additional measures to reduce the spread of weeds. These include the use of state certified "noxious weed-free forage" for pack animals on all U.S. Forest lands within Colorado and in RMNP (see Appendices A & B). Additionally, the State of Colorado has designated leafy spurge and the knapweed as "undesirable plants." This designation requires "control" o f those plants, as defined in C.R.S. 35- 5-102 (Appendix C). The Town of Estes Park acknowledges this "control" requirement in its own code, Chap. 8.08 (Appendix D). At present, there is a considerable quantity of diffuse knapweed growing within the town limits adjacent to Silver Lane Stables. There is also considerably more on Hwy. 36 at Fish Creek and Mall Roads (not in town), and may be more in town. Other weeds of lesser significance are also present in town. The EVIA is expanding its weed abatement program to include public education on identification and control of the major weeds found in the Estes Valley. In addition to the above, this includes Canada thistle, musk thistle and yellow toadflax. Educational media will include films presented at public meetings, photographic ID materials, and instructions on how to deal with each of these weeds. It is presently planned that we will continue our Canada thistle spray program, and may expand the spray program to cover other weeds, depending on technical and safely recommendations of the experts at CSU. At present, EVIA encourages the Town of Estes Park to take the following actions: 1. Amend the town code to require that all commercial stables within the town limits use only certified feed beginning in 1996. (Feed for 1995 may have already been purchased.) 2. Designate a portion of the town's seasonal beautification budget to weed control on both town property and private property, as appropriate. If the town sees fit to initiate these controls, EVIA pledges its full support to the town, over and above our own program. This could feasibly include labor donations by EVIA members to assist town employees in removal of weeds on specified occasions. 5 We have not entered into the "whys" of weed control. That has been well addressed in the C.R.S., 35-5.5-103(16). We urge that the town study this matter, and join EVIA iii our efforts to address this problem. i Sincerely, 1-2 -ma,-Qubt (]&<.C (A4) Margaret Clark ' â€¢h,) 9 . r,4 9 . - ~ m I C 23\ ESTES VALLEY 1[E-VIA- IMPROVEMENT ASSOCIATION, INC. P.O. Box 597 Estes Park, Colorado 80517 (303) 586-9519 October 6, 1994 Gary Klaphake Town Administrator Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 RE: Weed Control Dear Gary, During the past year, both the U.S. Forest Service and RMNP have instituted additional measures to reduce the spread of weeds. These include the use of state certified "noxious weed-free forage" for pack animals on all U. S. Forest lands within Colorado and in RMNP (see Appendices A & B). Additionally, the State of Colorado has designated leafy spurge and the knapweed as "undesirable plants." This designation requires "control" of those plants, as defined in C.R.S. 35- 5-102 (Appendix C). The Town of Estes Park acknowledges this "control" requirement in its own code, Chap. 8.08 (Appendix D). At present, there is a considerable quantity of diffuse knapweed growing within the town limits adjacent to Silver Lane Stables. There is also considerably more on Hwy. 36 at Fish Creek and Mall Roads (not in town), and may be more in town. Other weeds of lesser significance are also present in town. The EVIA is expanding its weed abatement program to include public education on identification and control of the major weeds found in the Estes Valley. In addition to the above, this includes Canada thistle, musk thistle and yellow toadflax. Educational media will include films presented at public meetings, photographic ID materials, and instructions on how to deal with each of these weeds. It is presently planned that we will continue our Canada thistle spray program, and may expand the spray program to cover other weeds, depending on technical and safety recommendations of the experts at CSU. At present, EVIA encourages the Town of Estes Park to take the following actions: 1. Amend the town code to require that all commercial stables within the town limits use only certified feed beginning in 1996. (Feed for 1995 may have already been purchased.) 1-1 1 1 2. Designate a portion of the town's seasonal beautification budget to weed control on both town property and private property, as appropriate. If the town sees fit to initiate these controls, EVIA pledges its full support to the town, over and above our own program. This could feasibly include labor donations by EVIA members to assist town employees in removal of weeds on specified occasions. We have not entered into the "whys" of weed control. That has been well addressed in the C.R.S., 35-5.5-103(16). We urge that the town study this matter, and join EVIA in our efforts to address this problem. Sincerely, 9*yu>F 06-Â« (43 Margaret Clark President MC:mh 1-2 I i I fAPP,A 1M COMMERCIAL HORSE USE 39;3. MANAGEMENT PLAN .22-9Â» and *4 ENVIRONMENTAL ASSESSMENT 04 - 53- , ROCKY MOUNTAIN NATIONAL PARK 31 COLORADO 41 3 9, Mil .39 1 *11 .%-f: ..Â·t i -3 2; *feli Ni m /-/4 -99 Prepared by: 0<Z~1-1~4.4 d~. ;'~AA*#.c (41 Date Natural Zbsource Specialist Â·163 ,li Rocky Mountain National Park ..221 Mi 341 /1 (3 I f ~ /9' ' I,71 - 5/ 9 Recommended by: ~ Pa 93- c - 04-j j/Â« , f Date Chief, Reource Management 3 Rocky Mountain National Park 21 j ii Approved by: 74-04 4. te Superintendent Date Rocky Mountain National Park 1 61 2 & 1-3 i{ tt 0. Al Â·I 4,+2.Â·4/ %4+611&Â£ . i 3.2.2. Noxious Weed Dispersal Noxious weeds are disruptive plants that are considered detrimental, destructive, injurious or poisonous to humans, native flora, or native fauna. Noxious weeds are non-native to the State of Colorado. These non-native plants occur at a given place as a result of direct or indirect, deliberate, or accidental actions by humans. Canada Thistle is a classic example of a noxious weed. c As described in Section 2.6.4., sufficient research has been conducted to conclude that horse manure contributes to the dispersal of noxious weed species in Rocky 1 Mountain National Park. The park acknowledges that horses are not the only means of dispersal, but it is a dispersal method that the Park Service has a responsibility to mitigate. The park is mandated to preserve the natural resources for present and future generations. Noxious weeds tend to invade areas of disturbance, compete with native vegetation, and can change the abundance and distribution of native plants. The park's overall intent is to reduce these invasive type weeds. The park has been controlling noxious weeds intermittently for over 30 years. The noxious weed control program was begun in 1960 to preserve native plant ecosystems, and to prevent noxious weeds in the park from infesting neighboring lands. It wasn't until 1985 that the park established a long-term monitoring and control program for noxious weeds (USDI-NPS Report No. 1,1987). In 1991 an Alien Plant Survey was conducted, and identified nine plants that are disruptive to native plants, or which readily establish in disturbed sites. The survey also concluded that there are approximately 45 acres of Canada thistle in the park (USDI-NPS Report No.13, 1991). Mechanical (pulling) and chemical control methods of noxious plants are used by park staff. For the 1992 and 1993 seasons, 400 hours were spent by paid employees to control noxious weeds. The : park uses volunteers to pull certain species that respond favorably to this type of treatment. In 1993, volunteers spent approximately 300 hours on noxious weed 4 control. 1 1 No measures have been taken to control the introduction of noxious weeds in the park from horse manure. Boulder County implemented an Undesirable Plant ' Management Plan in 1991. Since 1991, the Rio Grande and San Juan National Forests of Colorado have operated under a Special Order from the Forest Supervisors Office banning the introduction of any weed filled forage. Colorado recognizes the need to manage noxious weeds in forage, and has enacted the Weed Free Forage Crop Certification Act of 1993 (an optional weed free crop certification program). As outlined in section 1.3 of this plan, the park has a legal responsibility to manage noxious weeds. 54 1-4 4 . 1 . UALÂ·,1 P REAr: i tro.*- Â· 30% 3.2.2. Noxious Weed Dispersal: Alternatives /â€¢5*-3- i it",Izi: 1. Status Quo. Continue to encourage, but not require, liveries to obtain certified weed-free forage for horses using park trails. .1 94 /1. 2. Do not attempt to implement a program to control noxious weed dispersal as it relates to commercial horse operations. &.3 . 3. Incorporate as mandatory for the permittees use of certified weed-free forage after the State Certification Program becomes fully operational, and there is grass forage available from a minimum of five growers. (Selected) Mechanisms for Imolementing the Selected Alternative Alternative 3. Weed-free forage certification rules are currently being developed by the State, and are anticipated to be final in Spring of 1994. These rules are being adopted to carry out the provisions of the "Weed Free Forage Crop Certification Act of 1993." The park will continue to work cooperatively with the State during the development of the program. The rules, when adopted, will become part of this plan. The rules will include, but will not be limited to, procedures for certification of weed-free crops, inspection procedures, procedures for tracking and identifying certified forage, and violations. Specifications on the proof of intent the park will require to comply with this program will be discussed in individual operating plans. i The certified forage program shall become a part of every concessioner's operating plan, and will become effective in the summer of 1995. This will allow the program to be in operation for approximately one year. In order to use certified forage in the park beginning with the 1995 operating season, the liveries must obtain the forage in the summer of 1994. There must be a minimum of five certified weed-free grass forage growers available in the State to PFovide the liveries options and to sustain them. The park will provide all liveries with a list of available growers, as well as a copy of the certification program rules. Shall a livery have a specific grower it wishes to buy from, the concessioner may go ~ through the certification program procedures to ensure certification of that Ii: particular crop(s). 1 The Colorado State Weed List is identified in Appendix D. Under Category I weeds, the State does not allow any tolerances of these species, nor will the park. These species have been determined as critical to control for the preservation of natural resources and natural ecological processes. 55 1-5 A 3 APp* 8. N-O-T-1-C-E NOXIOUS WEED-FREE FORAGE REQUIRED ON ALL COLORADO NATIONAL FOREST LANDS If you are planning to take pack animals into National Forest lands, you will need to provide forage that meets the Forest Service standard for control of noxious weeds. This will mean that ONLY certified noxious weed-free forage can be fed to pack stock during their stay on all National Forest System lands in Colorado. There are some very valid reasons for recommending this requirement. Noxious weeds are becoming a very serious and quite alarming problem in the western United States. Species such as Leafy Spurge and Musk Thistle and other undesirable weeds invade healthy ecosystems. In addition to other serious damage that can be caused, they displace native vegetation, reduce species diversity, and decrease wildlife habitat. IT IS REQUIRED THAT YOU PURCHASE CERTIFIED NOXIOUS WEED-FREE FORAGE PROD- UCTS OR USE OTHER PRODUCTS THAT DO NOT REQUIRE CERTIFICATION SUCH AS PRO- CESSED GRAINS AND PELLETS BEFORE ENTERING AND WHILE ON NATIONAL FOREST SYSTEM LANDS IN COLORADO. , Your cooperation is very much needed and appreciated. If you have further questions, please call the INFORMATION CENTER, 1311 SOUTH COLLEGE AVENUE, FORT COLLINS, COLORADO PHONE: 303/498-2770. ### 1-6 6! . CERTIFIED NOXIOUS WEED-FREE HAY REQUIREMENT QUESTIONS AND ANSWERS 1. Q. Are hay and straw the only forage products that need to be certified as noxious weed-free to be used on National Forest System lands? A. Hay, straw, or vegetative mulches used for re-seeding purposes need to be certified as noxious weed-free. Use of certified noxious weed-free pellets, cubes, or grains is recommended but not required under this closure order. 2. Q What species are considered noxious weeds for inspection purposes? A. Each state has a noxious weed list. Inspections are done to determine the occurrence of the species on that list. Weeds on county lists that are not on the state list are not inspected for, however these instances are rare. 3. Q. The use of any hay is already prohibited in several wilderness areas throughout the Region. .Does this closure order overide local closure orders and allow the use of certified hay in these wilderness areas? A. This closure order does not overide local closure orders. If wilderness areas have restrictions against any use of hay, then hay will continue to be prohibited in these areas. 4. Q. How will we make visitors and especially out-of-state hunters aware of this requirement prior to coming to Colorado and Wyoming? A. There is a public information plan for both staces that outline the details of our public awareness effort. Articles on the certified hay ,-requirement will be published in the State's wildlife magazines, and hunting proclamations. The Forest Service will also notify all out-of-state hunters that were successful for restricted licenses directly through the mail. The regional public affairs office is currently working on a colorful poster to be installed at all campgrounds, trailheads, etc. These posters should be in the mail to each Ranger District prior to the field season. 5. Q. How is hay certified, who does the inspections, and how is certified hay marked? A. Hay or straw is inspected in the field prior to baling. Fields that are subsequently certified as free of noxious weeds are cut and baled. In Colorado the certified hay bales will be marked with a strand of orange and blue twine or a strand of galvanized wire. All hay bales certified in other states must have a inspection certificate accompanying them. All inspectors must be certified through a State Agriculture Department. Each state maintains a list of qualified inspectors in their state. 1-7 =6 + 9, 7 ' . f Act P y 7 6. Q. Can hay certified in another state be accepted in Colorado and . Wyoming? , / A. Six states (Colorado, Wyoming, Utah, Montana, Nebraska, and Idaho) have entered into a regional certification program with similar weed lists and certification standards. Hay certified in any of these states can be accepted in any of the other states. 7. Q. How can a producer get their hay certified? A. Call a State Department of Agriculture to arrange for inspection of fields. Following is a list of state numbers: Colorado (303) 239-4142 Idaho (208) 334-3521 Montana (406) 444-2944 f Nebraska (402) 471-2394 Utah (801) 538-7183 Wyoming (307) 777-6585 8. Q. Where can the Forest visitor locate and purchase certified noxious weed-free hay or straw? A. Each State Agriculture Department will maintain a list of known produders. Each Ranger District office will also maintain lists of producers and feed stores in their local areas where certified hay can be purchased. 9. Q. Are there penalties for violation of these closure orders, and how will the orders be enforced? A. Yes there are penalties for violation under the statutes listed on the orders. Â·The order does Allow local Forest officers :c issue individual written exemptions to the order for justifiable cause. Compliance will be stressed in 1994, but our main emphasis will be on education and public awareness. 1-8 , Ais --- . .2.-.- ....er----=42.-2-=a=-2.-t--243=.Â£=FfL:EM=Ir.tiâ‚¬.2E1=P:EmIT=34=m=ZE:zeÂ© 5-Â£.I:y..:4':-~~+12 -â€¢.Â· - AP/7 7 10* d 2 2 ' . 1 92 2 -2 6 22 C .0 -g Â·M & 6. - O-6 -02 . a U - 29- 30 E 2 E z .0 .= 9 6 H.9 8 - 4-# ONE 2 0 a.2 2.22 u -s 2 ousl> M - 0 - 0 6--- 0= .C ..=-6./0 I-/$ 0 0 8 9-*HCU U ,~ g I 9 1 = 3 : 'a 11 9 01 0 0 3 04 2 h W.0 2 2 f.31 32 93 .M U 2 -5-2-812 8 223 4 = A 0 30 48.= fÂ·B~.S li . ~ 2. A = - P .h ~ .O -O 0 .2 - == Â·2 42 2 5.3 & U --O 9.2 0 E -0 C.Â¤ EC = 0 U .0 O C u k 0.2.&12.3.5 9.-2.2 0.9 132 :1 6.-,Rv a w r - # ...= E-uoubs =222-2 .0 C U. 5 2 22 2 01 0 0 M -2 @ ~* -2 ~3 01.2 0 1 s 83%'s-8*.63 Z & .u O = 93 bo CS :5 -0 2 -2 â‚¬.2 -3.9 C 0 3 f -- a 1-/El * '3 = 4) C<72 4. .0 0.:3 - V.) M.,4 - 0 Â·CS 4 - O.2 0 71 5 W 23 b Z a . - 73 rn n A- ,/' 2 22~ ~~ 2 i .18 m liE 2% d O 9 02.- 8 b u.1 O 9 3 46 0 E< 2- =C O P 0 1 95= 0 0 9 cl E D 65341 3 32 E ~ fF g 2 = 2 9 - in M r -O -9 2 = 2% 91193 E E E .3 E .2 r.: %) 3 5 "22 32: 2 0 4- 8 2 -6 Z E 3 EN 9.32 9 9 -, 00 4 0 A 0 -0 .= CO 0 .C; c. 8 23 23.12 4- ca . - c: .E 44 a 3 - 3 4 :1143 2 0 = .E C O 00 .E 48 5 ~gu%-ZE S >4 C. to *45 -a 3 M 83 #5al . t .S .4 60.5 a . 9 2 .51.0 C 0-0 U = -5 -% i M-=cd Ng g= g .4 9 .06 = I i E 4-23-2-23-5- 4-=040, cs 43 0 5 4.2.512 8 8 b . CO 7 7 *1 :g cZ ka 3.8 ilo 322 2 E Â§) =if:j A .2 E U 3 2-R -5 5 5 E Â£ 2 8 22 0 0g -- Eouce 2â€¢4 >. M u u O a> 4- C = -0 -0 %322; 4 00 2.9 -2 Q 2 g % 2 OCU 0 . 42=gg P ~ CCS 9 ..9 = O 00 to H CU H 2 2 0.- O M 2.3 3 -0 0 + 4 'f {.9 j .i . = .8. Rt U (3.2 M..0 2.2 2 4.2 F 20:6 % d :5:=22 , f 414419 =34= - U~ 0 MN:5*12 N - - 2.9 o - 8.2 0 2 b 1 '&1 4- O O = gE .9 2 34.2. AE = .0 0.5 S MEE C C. 4.9 M P M.2 = 8 0 %131 8 244 0 -C 8 6 M â‚¬ 9 Diag ~fj C M 5 -0 0 6- 22 w 0 -EAu ~ 4 Z - 4 ~ 0,== 2 4 $09= =C- 4& 63 094 - O E = 2 A w 44 R Ot C 2 Â·c M .24 0 C O 4- 03 0 E.2 2 ...M*Â¢-0.0 . .A .- 0 4 9% 41 0 2 P E * 8 C., 0 Â¤=-=-3-Ele-M 3 8 0 3 2 60 %9922 In .E R .2 45 2:% 43 1~ â‚¬ 8 20- 04 :- .0 12 8.9 0 8.12 M 220 = CW CD 4 - -*â‚¬ g t~.2 0 C 9% . C b AU =2<82 A 9 04 R m 4 6â‚¬ . v :3 . I E .51 d R A . E WEEN 0 LA,C - g 8 0 0 t O-0-Â· O 8 4; E j i 19 E.N E 3 3 9 8 â‚¬ ..4 2 41 i' SC Â·c. E .0 0.3 6 u, C .3, 8 12 Â£ 4.11 71%q-Â¤ Â·a e g 3 5 3.93 = uca 0 9= 8 * 2 0 3 O 6. O â‚¬ 5.â‚¬ 6. 0 .2 U CO .Z Â·2 N q ' 2 eÂ° E Â¤ ~ g :8 w~ 4 Â·:3.3 2 1 2 N .Â§ 2 * 8 = 3 0 00-6 0 =ON . ..2 - 8; - u 0 3 0 .8 8 9.0 0 C U 25â‚¬ - 9 2 2- 2 53 #&1 *2 27 52 * 2 Z . C ./ d W 41 44- r, A 'a -C 5 23 ace u) ca = a A M g 2 2.99 .M 6.* 12 G 8 22 2 8 M .3 8 8 â‚¬5%0 2 9 4 ill C .. 646*11 el q k O 4. Ul ..4 U 73 71 d 0/ . a. 2 0.-' C C 0 c -0 4-0 6. 3 8 0 8 01 =- 0 3 2 7 5 2 = 2. I = = 6. - , & CCE CO IEEE 9 - 0 - 6/ 9 - 40 0 0 U t.0 0 Z.g '8 6 C 0 .. :4 9.- C = 0 _000- 832. g **88 m 2% 4 9.8 8 â‚¬ 0 3 O.0 9 ... k U 040 6.2 0 o.c co ul M ~ C = CO 4 .6 :5: ca ki ... -5 0 41 01 00-0=0 â€¢ L. O 4- 1- -C SOC 0 w') 99 F; O 0 - 0 tA U n -O 0 ~ 22 1% 5 2 u -g * 4- 0-2 0 ~4- 2 82 0.00-Il/- - O - U * O.cot 1-9 - di 35-4-114 Agriculture 190 11 Undesirable Plant Management 35-5.5-103 . ,. 35-4-114. Penalties. Except for sections 4-107 and 35-4-1 for the mana gement or control of weeds, noxious weeds, or other undesirable. r Short title. 35-5.5-108. Designated undesirable Definitions. plants-c :tty offense and, upon conviction the Source: Entire section added, L. 90, p. 1557, Â§ 3, effective July 1. 0!lle PIES Jo suo!9!Aold 0 1 '101 uo!1nlpsqns i ou 'jo uo!suedxo ue oq 01 01OA OnSS! 041 uo SUBOA SIOUMOpUBI PIES jo luoolod KUU Uetil 010 district attorne ARTICLE 5.5 s ons h Undesirable Plant Management ofconstruction. 35-5.5-109. P - CO Ill jO EOLE XUE U! luosold pue Mels 341 Jo spueI OA!1 JJO '95 Â§ 'fLOI 'd 'I 6 '1 0 !Ape 041 1841 XIqUI IIC IUIOU000 puu Ieo!10Uid pu o u! lou s! UIBI T.Ils!P 041 Su!ZIUES.I opualu! s! pue owl s!41 OPILIE S!4.L (Z) Slouolss!unuoo Klunoo jo pleoq 041 Kq sioumopuer luop!SaI 041 01 poluos .1 35-5.5-111. C ce with articl 35-5.5-112. P 1 1841 Solepop 1 eud dde HE sU HOAL SU 'opI 0 SU JUQUIOSEU A SpO UI 09041 SU -goold JOpun 10!119 U! pue o 41 SuaUAAO OSO unicipal a -113. P o puu 0!LUOU000 pOnUU uosold e 041 Jop!suoo 'sul?I 0[qU.I!SOP 7 KInf OA!100'IP 'I Â§ '61,9 I 'd '06 '7 'POPPE 0,plue 01!lu3 :33.Inog 'I KInf *A!10010.11Â§'LdfI 'd,0 6 "-1 PopUQUIE UO !109$ 21!TUH :00.InoS -10410 1xoluoo 041 ssolun 'OINUE s!41 u! posn sy 'suo!1!UIJOG 'Â£0I-S'S-SC person who violates any of the provisions is article commi p nts as defined in article 5.5 ofthis title. ection amended, L. 8 Legislative declaration - rule 4. Duty to manage undesirable 35-5.5-110. P uoo luqi sompop pue spug BI Buuoq .Xpoq SUIUJO ent of this esirable plant man n oSeu III 019/14 St)01 OS uISIAJodns suosiod @soq S or title :S01!nbol os!121 puBI Supum -UESJO loulsip OU '066 I I XI 9118 pue uo Â·slo!115!P Poolt ON .t,ZI-5-SE SuopÂ»oid opn[Ou! 1[Uqs 40! 018010 oq 1[UNS 010!We s!41 01 luens.Ind poz! mmissioner or a board of county commis may refe s! u sonb IIOns UOIFA pOAIoss!p oq osle Keur louls!p e I ' I KInf 1 J ecessary Entire sec 85, p. 1135, Â§ 14, effec ve May less than twenty-five dollars nor mor on as OISSTUIUI *lopls!p 041 OA ~~~~-~~~~~i~IÂ·3~~Fâ‚¬~ty<+9.1--1 2173j-. --7:-. t--:--...:Er-~ - -2---T.-2.-LUILIEJ.--31?.:~c~i ..Â·Â·Â·ir?EJâ‚¬91%1~ - ..Â· -Z-+'.C:==11*M--~2~-=....r . 2.- .: . .' ik '0 4 .A â‚¬ 3 16 3 .7 6 22 6 2 - 2. ri Â· 23 .~C o'53 42 0 11 1 1- 2. 0 0 0 0 1- 2, S cs i . ... M IN *,0 0 - CS O 0 0 Â© a O 0, M k en d 11 ir Z al & 1-1# EQ ./ 2 1 # 0 35 .fi 4* 51 9Â·4.M # u-= = e &1'4 Rt .5 m 'v: 1Â£ 2 2 C >40 0.04.2 0 H..8 2>.CC Â· 2 0.2 04 2 5 :4 Â°. >. I %:. s e 02 ~s ~ Gl~f lag =9 -2 3 g Â·0 0 0 Â·i i .swile 2 9 2 0 g C 3 0 F.% .2,3 5.3 In 4 O O. - a >42.0.1 23 =5 8 6 #433&32 W NF . g 92 g ..g .8 A.M %' 8 M 6 T M v ' 0 -3 2 5. '5 * g A U, 6. 9 2 0 39.g Coi g 2=.2 4, C.23 - @W @NSEe = 0 4- C .- ./ 0 -0 u A A bou, 0 0 10 NE C m -- 2 â‚¬ IN IM -2 u 8 3 .2 -ig c m 1 ~ i 9 -E % -2 - 0 6. -.0 $- 2 C b.8 U 4. O- M 22 0-u 2% 01=93 *=73.5 95'mail â‚¬ 98 8 ah Me #ES 04% 53 =0.22=CO CC -9 - 0 + C- $ 4 ,=: .2 bo . 0. c E . C b el & a O e a - a E ~ & 8 -3 .tf N 2 R Â·1 5 i.% 4.-51 8 m 33 &41 2.-~18 d E Â§ g,2 =% M. 21 88 C. .C _7 A04O 9%.8 600 Eâ‚¬ 0 p o 22 s Er E e 11 6 11 45 il 21 ~ 4 72 lig 2 fa.im .- 8..= = a *~#3~a A.b i 4 08â‚¬ 9 M: E . c, 2 u ~3 U' 0-- EWS=F~gu 2 Z.3 E .4 ; 3 .5 4 1 -2, E *E tM~g~ k.-A ke. .-1 -C 0 -8 2 0 - O 51 0 A -0 M cc.= ==Eu 1- CM #EMAN &6 2 9=6-. 0 % ASEâ‚¬â‚¬t= AL 0 4 0-M P ..9 8.8 4 8 3 2 i g o '5 9 >ci E 2 1 2 1 3 4 8 4* M.g =0 .. - : gY 15= 22%di 2 M M S 2 0 8 2 1 1 02 g.3 d = = C %25 0 22 g M 8.2 ~ R Z ts c Â¤ aDE cu =.9 ESS-2 - 3 f.1 i 3 i . J i. h 3 -g Â·3 -~:; 2 N 3,3 :3 2 >. a' th.M E i_. u 'll. 0.4 .-2 9 -6 ra'Â·Â¤ C -~2 - 35 CS +J'Â¤'Â¤ C"i -9 0.---U< 504- Â·~ 9 -HAI . .g ts 6. 3 4 i B = 8 ..0 Â·s 6 . O 13-0 ~u,~0.Co=6..clga-Â·= V.A.490 -- 2 .ENE E CT O Â·b 4. ko 1 2 .2 -3 2Â·32.B.5-3-i-i 1%2202Â·2 *S Z E ME Â°O-0 2 -2 = d Â·C C C.4 0 5 0 2 0-2 -E :3.9 C Â£7 71 0 0 4. S E E.2 ~ 2 ..R- 0 -' 41 2 Â° 9 2 Â·3 8 v Â·a .O 4 0 9 71 u .1.- d O. Â·Â·O 0 -O C - 55 Ui 41 51 71 im *M M :6 N il .32%.M .2 -0 g *23 8 .~b Ect =ge a EL ME v 8. 60-6* Ul 2 0 E, S U' ca' w..C: 53 9%% :22â‚¬ k 4- 2 0. .6 :- 2 %17 -* 7 2 u e Fra UO- .U-32-t 4, a 2 53 -9 2 2 *== 9 -2 -3 5 9---2 1 19 e fLY ISTrl H w -c k u, E ,â€¢u-c v -0 ~0.0 .5,20) e rn -- CrE co.JEE'02 2 53 E .2 64 9.2 cz * 1:% 2â‚¬.2 82 8:3 Â§Â·Â·8 cu * 2 0 9.2 cv c 2 k E,t d E -oe 3 N M~E- 8 2 -*-2 - vi k 4 0 0 44- Â· 4- 4 - C 0 cs -2 au o cd = 60 22 0 ., 0.- c. 0000 0,0 8- 2 2-%%.2-=S =C= a a. -2 E e 9 :* -g i E -w -3 -3 2 -4 Â£M Â·2 - 6 2 2 -9 -2 3: -2 ./ 7 73 5 / 3 42 u, 2 (1 il G itit: 73 0 0 U .0 3 0 .M ME - 32 : 54-46 8 -Ek 2 02& M E U' o e E o.> =C= u ~ 42 M H 8.0 0 Â¤ = 5.0 U) c -5 -8 *921 .6 E k Â°E Liesgg 9 Ok:U 00- .U. 9 4 2-1 3 4 4- M E ~ c.g 2 ~ .8 O -0 2 d u CE -4= g /5 6.- 4/ o k a.. E *133 c 803 CO 2 bo 4 233= ME.O.3 U gaum w N Â·Rt 1/ 6 9 M 0 - b 0 C.= -00 -0 0 .-4 4 (3 0 U g 9111* 82 1 0 0 73 0, 5 0 -- 5941 04 O 0 -0 0 U 2 .3 8%2 *1 5 2 3 3 8 ZE g 032:- meocE 2 . 50Â·5.0 Â·C >' 12 - 24*b 22@ .au ~E g 2 WE *2 8.8 4 16 0~8 782- 4#326 8C c . 8 (Â° c:â‚¬ c U, 0.2-3 E. ppE:6 E 9 - 3 M : 0 .2 - 2 75 op a .~ :A a ~ f#ZE .N:2.2,2 Q E >. 0 ... 162.Elo 5 6 4 O 0. C -2 IM â‚¬ E -Â£1-M-0 g -2 2-M :2 2 2 0 2 -Â§ 2 E ~ -b C e a co 4-4 ta U 2 E.M... 0% 2 -8 -2-0 =91= .285 -6 5 - =ME A.t: r. - 51 11 AME@Â·HEEk= u,t:072#353 .do Â¢ b Â·C U' 4, 0, 12 ..M 3 %.0 a =v - Â° *== ' New g ,.l~~ â‚¬=8%3 54 2= 2 -8 $ A E o g 50 0 13 3.2 0 6 223 228 -2 U go %Â·3 3= E a gES M C .9 U' h fld-- 12 li th M 0 25 'a 4. U 2- ---' -59 22 52 8 2 5=. M = c= U, .2 M E =2 s..0 0 ..-8 NUC H & a c o 6 4 8= c 0 8 0 3 5 ,RE 2 g 6:4 2 1 8% 2 6 =E COE 2 M 11,9 6. U 0-00 . 6 5=2 F.13 & 8 2 E" a1 ~jo ~ K - ZE 55= E-Mi:t P--1 E F 094 al - 01 ~'-â€ž U = 60 C U .= Ca - (c u bo 60 4 00=%:g =42 2% k 0 8 ~ 6. d co â‚¬ 23 935 0 2 > a- -PtÂ· 62% 2 % tb 12 2%20 E g 3 7 .Ed â‚¬#L L ~JE 245~ E236 Ne .O.6 229-0-Lt . igs-EN .8 E â‚¬ 0 2 E >b 0 6 u, HUBÂ·i i ~*;3 99.3.03 4-N..5.%2 i.8 .s4-E' 8 2, a .. O - 3-0 04 0 k Z' O.9 o a 0. 5 >, c) O 0 = g. 5 .Eiges#4-6:3.Gg~aÂ·*9Â§Â·23%.07%1:%~ff,ZE 311.N:a G.f.Â§ .4.Hi 123:5 4. O 0 -0.0= MZ@53â‚¬0.T~ 8~ %23 11T~.~* dEE3 *44 23 2 *24*MEâ‚¬ ~2 7025* ~.R.R v 60: >. : 0 U, - C = .C, C: = 9 4, 4.4 4, = 0 : 0 8 . : U: E = g ==E- e. 04 3 0 1 9 4 0 O - 4- -I. .-7 -*-.I- 4 -> -I- .s- r~ e,I-. 22.-- Â° a =8 8 oim =-8â‚¬= g afF~ 95* 52539~ 222 2 2,~c=Sgnilsg@NED@SUSTZ# ts=%162*3~36- e E -=: .-. li -w ~ ...g 6- O -3 0. A = C 0 O 0 u 0.0 >.- 0 0.0 - -00'Â·CU-Oa C, 1 -,0 0 IpnS OUI3010j Bldop mission" means the indi duals appointed by the local "Person" or "occupant partners ted methods to manage und ame ai ike SBUBUI 0010JUO 01 1 OSEUBUI luens.Ind Jo 1 Ensind os 041 01 snouoS!pu! S! 4:)!WA sopods lueId e sue@tu pe 041 9100UI qo!4/A '3001041 SUEd 10 30 oq ![Eqs spoII 0031 JO SU tsollsuled 'Soseos!p 'sloosu! e JO JOIJJ OCI Neqs ueId luo UBI Iqui IOOSSE SJSO ie.Inlino!1912 10 Ieinleu Jo luotu@Seuetu punos knelUOIUUO1!AI~0 041 01 000U 'soouu OlIn governing on matters of undesirab lant management. ation, or federal, ment or Polusopp UJOAOS e gro ag ele~c transmission li for a can UnUI polulo '(9) IOI-I- U Ilo S U[ 411 35-5.5-103 Agriculture 19z 1 Undesirable Plant Management 104. Duty to manage n esirable Iants s the duty of all ire article added, L. 90, p. 1 effectiv J Llunoo 40EO JO punJ luOUIOSEUEU] d JIqUI!Sopu rl 041 WO a 3 city, county, state, o r federally owned i an area Entire article added 90, p. 1550, Â§ 1, eff ctive Jul elodjoo O .OpO IUMi 098 E Iqu Ts opu 0!lounj #3 OSI dIOI UIUIOO .HAUO S 0 ditch, spoil processes density "Weed" means any noxious pl squtl Sotle eans a plan ndigenous o upying, or controll ly damaging to the land of n ana men ' m rbicides or plant grow lant growth regulator" uoo Op!sino 42noitIl nl ' OUEUIplo Alun 1 UIOSEUE Iolluoo tuo!uctioo means those methodc es or managem nt pr 0ABDU 10 Sdolo O!UIOUO00 01 IE laAISS@129 [elugUIplop s! lueld s!4 0 00uosold oqljo ureau, or dep rtm anaging ed O 'KUMgo-142!.I flUM nneans v lies; 'SUI 01SKSOX) B Â£--Â·~:.tÂ·:... .- -. ....-LI:~Â·Â·- -fy. ....61......41...0 -,- 4 6)-Â·spr..E=Ark'*iÂ».--z. i-:i491,2J :14-,Â·---474-2-66--1.~.4-4124 / I.-23354==t=-tn=- 1 -0 UU' 4- lu, N o Â·=oâ‚¬ 2 m E E UE E C': .E -O K E Â§ .2 6-2 2 9 2 2 * E C f 3 2 2 :13.0 -= 0 B: c. A * 2 9 N.N.M *2Â§:=2' â‚¬ e E.2 9 2 8.2 CO C >. M 4- 0 0 ...9 -O Â·S -O 'g V Q a Â·%' 0 C * Â·C &~ LE O . NE . C . 0 '8 Q Â·.. 82.2.3 8 M Q 8.2 8 â€ž 0 0 - 0 = & 2.22 . C. 4 3 2 2% W &*20 2 9 00= = CS m -c, 5 4 _ % 55 32 * 6 00 - r 2 .9 9 -JM (7 TEE 343 82 -2-Co 90-u@2243 2% gM co w o A, C C ... 2 . 2 0.0 - O 4. , Â·= C 8.4892 a 71 0-5 li ~ if :3 YI 15Â·i -3 61 4@EMAC .Gilix 4: 2 5.N = p Un E-= fg 26% 2 0 2 o.0.0.8 8 9 05 E-Gcuses C> 2 008 C M i R = :0.0 a &36. 35 ~wa . 2 471 0 .5 0 a C 6. Â· - UE - ,8 d 8 ----92 1 Z â‚¬ fi IM â‚¬ IN & 3 0 1 8 - .21 11 6 =:* O 0,0 0 â‚¬ .22 E 11 9 M 51 ~i mf 12%0 ..0 2 2 0 . 4-, 29- . 0 9 0 -O 0 f:5 Ck #34 2 3~ .2 2 U = 2 60:3 E ~ 8 q b 4 0 9 9140 =3= Ca =CO 2 M / CO C U E Â£ u a 8 v .342 9 3.23 W.m E f 3 7 31 40 O.- W ... ./ 42-2 2 g - 2-5 N .a 1- . d C 09 4 - 0 6- 0 %-ENIMCâ‚¬ g E E 1 ~ R R 1 3 -0,2 5 ER - .9 2 0 = 029 Q Z â‚¬ 4. B 5 2 g U 2 -22 22 20 2-2 2 1 2 8 2.2 000 - t' 2 Â·3 t''E tâ€¢ 5 '- C. 2 0 . d B .94 225 0 8- 0 2 00 * $ . 9* * 44'u .- .- 0. 1 5 2 0 4 8 113 9 6 4.99 m " 2 M Q q.Â¤ B pA 88 ~R i M "M 1 . A i ki A Â·m = ~ 1 5 MZNF@2 &@Â£~~i ZE 04G (02 5 - 0 22 96 â‚¬ 4 C g â‚¬ 2 g~ Â·m * kdZ*H Â¤ UHZ= 2 3 Â·=Â·5 4 = 2 0 2-8 g a .2 Â·8 8.2 2 8.M 8 9 & S 0 9 2 2 2 E A E- d' e g h e 8 4 8 a.set-12--46Â£42Â·1311:E 88& ~-S-t~ > 5.8 g = 1& 5 ,.wi >,=NES ~,2 2 52 0-2 er ketÂ·L 18 F= g a p- c H :2 20 2 'ae M &- t:. = = 1-4 04= 8 2 2 d g a 2 2-8 2-2 -M -2-: 2, *82 1 ENeS -5 3 03 1 542 {#1 51*3% f = o ce = cs . -C I. - 0 C. C. 2. EcO 9 -82 6 6 k . 4 -0 41 1 0 1 6- . u - - -- 1 = Â£ a.8 -sÂ· a = 2 12 -0 ill â‚¬ -0 2 2 Mll a -9 24 -E -2 9 -~- 2 0 WI= COM.22â‚¬ Eng*.2 o m :3 22 2 0 8 02 --0 2 ~3 . 2=22 4. c c > k O E- . W.0 0 a . C = ca 51 ~.~~43~52 â‚¬19 80â‚¬ S E 3 29 0- - CO A u . G qf. N 43 Eu b cl - C 0 =Od= 0 1 o e &0 .9 71 11 8.1% C Ug 7d lill 6 5 g 3 4# EDO U k - 0, g E f :E o .0 u M u & g k Â§*022% 00 2 Ui O 4. . CO A-wo= ~ ~= 2 2 >,â‚¬ 2 -3 .902 9 2 2 N .2 --2 Z â‚¬ M E.b .0 2 -, bo 3 5/4 Ed =0 g 1%93 C~<3 8 . a k co 1- 01 C, 0- ..W--6 -** 1 _ 184 2, 0 O â‚¬ i: â‚¬ Â·E ri Z g C. 4 S M ta =M 00 =.- oke- ..TRE~2~2 2%91*ST &0 8 8 22 g g 3f2 A7 g bIG -0.6 0- . 9 Aa= 4 43 %25 .- 9 C >, 64 2 u < 0 r 0. 0 4. 8 N U~ n _-v 4 1 au'â€¢22% 03 :E E a 0 2 5 us o * 2 Â·i e s a Â·a g .5 -r* e Â·5 2 2, 2 5 9 j - 32 4,9 1: - 38 5 -- 0~22 ~ 4 s~*EvE#233:si:*ggeSENS A- =.- 5 2 '13 = E 02 2 2&49*-0 *fa~k ~li~ ed %~11 E @ii; %3 a Â·. . 4-1 .-9,=92= 42 0.0 4 9 .9,9 2 o Â·c; .~ 9 8 w 2.= 6 2 el -5 *o EE ke R >. 0 ~ m 2 31 BRi '5 21.3 9 t f g i 1 & M:8 ..S 2..E B <s .13 ,@ g @,g. S g a.h g B &3 -3 5, 0-2.8 .2 .@ Ty fi~$i@ Â·Â§':* 2<iis= 0 4'* = 0. - e. ed u .hâ‚¬ g g R,BEEÂ·O,52Â·= - u " E..2 C A u .2.2 2 0 N 0'as i >.---g *22 (2-- Rd #eig 5 33-29 5 21 %-3 2 9 -51 -- 11 ag -aa & wl u ZI -~ na -1Â· f I I C-5 44.- m Ng 4 0 2 Z E 2 0 0 -0 73 $ 0 0 6.-0 0- . 0 -0 4 0 at O 3 .. g. 3, N 60 +- *0 1 t: ..C DO-- C 02% li 1, 09.Q: 4# *<) fl M 43 : g .0 0 N .S g= t: C 9 0 0 91.2 â‚¬ Â·Â¤ 2 '2 0. g E -.2 Â£ 6 0 0 8.X -h- - 04>,- u - u U /2 F 00. 9 0 Sce, Ul 0 4 -14 73 0 s u.= t. 0 3-5 0 5 NE:39 3:% 203% E R - 60 0.2 O*2 495Eg=~â‚¬ aMÂ¤s 0 N 4.9 3 -0 - ougj=*todaa*ZE â‚¬"EsÂ°& 3 8.5 tb @ Cd g N g b 0'2 0 > 7 CO UNE-g - 0 W â€¢- 50 #4 & b Â¢ tc 'S C (2' = $ e.) E .3 12.v p; a mhz H . - 0.-..1 20*224 0 2 04 Ul 0 5Els E % F ~20~~ 0-6~- a >. bc W -' - E. E d 6.0 a.- 0. = C 0. 0 2 0 1C C [1 04 8222322 0.-O = o 0 5 â‚¬ a ; C O 23 C 4 >. s.go e members of the co on shall be residents of the unincorporated ties and m ercise of any or all owers and a municipality, as the case m he members of the ad ty elects to cooperak any of rposes set forth in 1551, Â§ 1, e shall be determine S Iln 1!041 JO 1 00Â£ pue RIEId Iqusopun 41 oseue 40! Ai slueId 0'qUJ Opun se polBUNISOp O.le SOIOOdS luuId Su!/Ao lucid OIqUIT du odde Huqs X1!Ied!0 nuu pue kiunoo qoeo Jo XIU IUUI00 lucid s 1 jo suo!9!Aold 041 JOpun pOSEUEIU w Mos sl! le B JUJOAOS IEO OI 041 'UO! IUIWOO OOSIApe :einso upqioqdna 1 q UKOUY osie '02.Inds XJUOI sU 1 041 su lou 01 lou OpUBI JO UOISS!,LUUIOO E 10 21391! lu!od(Ie elect a chairm nt - municipal authori ission shall constit polio(is pue 'uu!ssny 'osng U~ou~Y KIUOUIUIOO Slueld poobideuiI 041 pUB .uo!10!ps!.Inf 11:~11 101 UOISS!UIUIOO A.IOSiApe luOUIOMBUBUI luela 01qel 91 qons uodn sluuId 0:~quipopun 'sluose J U~ 02 UB E UOISSJUIUIOO O 41 jo SUO!1epUOUIUIO001 341 uooK 4 uonelodooo ernments. governing plan for the integrated anageme recommended manageme ndesira ~nott l~nof~endthenny onuvements~em d pUOUIUI002.I XUE MOIAO.I TIENS uo! III 10410 pUB 90!lunoo 0,~02 OILL 1 s!41 Jo 9 OIONJU 01 luens.Ind pow! smluottlne pu mmission. The managemen ncorporat cal governing body for approval, commission shall designate county o subject to integrated manag desira provide for the adminis- mmission shall recommend t i ' I KInf *ABORIJO 'I Â§ 'Eff I 'd '06 *1 'POPPE Op!uu 41 0 luounouup uodn 4!Ied!0!untu B 114 UU soyluno -5.5-108. ness. mana missio s Ill 01 Bol 'op/UE mn ssion sh 'SOI-S Â· Mouuu uorl ope 041 'slueId olqel!sopu (3) The board of county commissioners may cooperate with other coun- ollu00 Ie jin Bulpul , reso s necessary a oiqulsopun U !1 pe 041 101 UO tuo nbol 041 KJSUBS 01 poluoo P Oq NE NUJUJOAOS OILL 3!1 p - uow;ULIOJ - Suoiss!UIUIOO Â£109!APV 'LO 01 900ueupplo 10 00UBU 10 tIe poldope 'Olup ursuant to part 2 'I KInf OA!100.00 'I Â§ 'E95I 'd '06 '7. poppe OP!1.Ic 0-Hlua :30-InoS ch cooperation 0 uu s!41 Kq posodtu! ueld luouIOSeumu lucI 60 C U A C CD bo E M g ..2.5 â‚¬ U, 6 E g 9 -' {8 3 0 2. 0 4 E.2 .5.~Â·E o e C: 0 "21 2. 99 8-= -82 & 2 Ne:01 9 0= a. c - 3 &3 1 2.WiL no L M Z.M 1.s 07 9 . u M O -'CÂ·-, Sal=mgo,&5% ER 84,SON u-BE E 2 5 â‚¬ Â·S E -M E >< E A g g 0 15 79 7a il -cs 22 3 NNEB 9 8322Aue~309 O.MOO - >b "E e 6 U, Cd :2 4/ 0 8.5-9 7 W 2-2 -0 -R -9 Mag E-27 ==E=-2 m. 7-07*e 4. 4. 25 0.9 9 5 u = 0 - 20 3 0 2,3 -5 2 Z . - .E~ c .~ E .5 'a v, E M b A-Â·~ 8 8 2 8 'M .8 4 4.- m Â¢ a %5 E -e=.O -= Acd k 0 5 0 2 2 Er 2 0 4. 2 52 - 92= Co w 0 - 8 2.09 -= B -= 92 516 9.1 E -3 5 Z -2 6 2 W -2-2 8 -g '17 -9 * EME, gir:EEW 8 ULCEâ‚¬Â£93%11tikEE -08 -O 480 Â·2 8 .5 9 A 4/ 8 /VAM VE 0.= U 00 9 0Â·52 2.4 2 b Ze 0 ...2 -5 0 31Â·09 281 . 9 M V 08 8 ZE Â·'Â§ UD- S =4-1- 5 4 -O U w '2 4 .c u, Ce - C (C Ng es :2 m co .5 E - , 0 0 u Â·c; 01 -EÂ·C,N= M Â·% E.. c, gc.E o -- .ig E Zeâ‚¬% 2.DUM = * A U *s 41 3 - 4 E @ 6 M 2 0 0 - 8 4 3 -~ c &1 ~4 *IWiff K f# 3 fiE 20 %2 - .4 - 12 C @92% >. - t L. 1- 1 1 2 2 =O Z o Â¢ M d cut 0 0 ... $ U Ef E .0 @1 % M 2 >Â· 5.~ E.9=E 3.5 32'3 6 -21 g 8 8 2 3 04 60 6.1 4 Â° 2 -3 g s. 9 E # 2 -Fi 5 -M K.g -5 ~u g 2. --a 3- =~ ci~ N E~ S -M M -o -EN -o c =' U.E o 1 0 2 -2 2 C.C 8 c u.5.2 :; c Eur P. -aNES8=, &12 ~31% 822 Â°Â·RO irrE AU igm#@ m 1-8 1@fi & EgiE. 1 UN :.5 %.;31 25 .N:@ SE &Â§ i >Â· 3 = Â·~ i -2.g 0% 2 4 M ..4 5 Â·- u a u = 13 = U (' :- 9 0. ~.2 >:, - u V Â·c, .g 8 E .ia % g & -Â· gY O 0 -- C U bo U /1: 1.6 11 M ; 12* 94 122 4-9 4 i a -5 2 2 -E s G ea -2 â‚¬ E-Z GE X 0 60 R atâ‚¬â‚¬ 222 5â‚¬ 8 M.S E - c EU .1- â‚¬ 8 Z 2 6<E E. ag SE.dg N.2 ME #es-Z *#f 82 9 4 0.* g M v.g A b.#:0-* EZE# E 4 2'EN C Â°E @7 AUZZ C *o E M Efis 7.mE- >.., 1 S A -- -2 3%22222 .= e O.C co* A -C E. E. 8 * 2.8 2 4 2.8 2 2 .M' 9-M .M 43 'E & 05 k.% g'.% 2.8 2 5 l= 2 -5 RE 2 9 0 g. -- U OO 4 v vi o L~802*070 20:1$~~~o a~ ~~~ . 04 >c# E 00 = C 4 2 C 22.0 _n W ./ -COZE. . -13.3.5 -1 .E 3.% 3.t E :NE 53 Â©16Â£ 8-g 08 Pt g ~s i, ,0 , -0.-2. 3 2 5-3 3-5:â‚¬ 4 4 - - 6. =cq C 0 4. RE: 2 . CS .CO ...2 -- >C 5.2.2 0 0-= 00 1 3 .0 -i 'J .0 4. CO OP 04 0 0 1 60 2,1 1 E .2 00 0 i i -2 1-2 tz 2-8 LaÂ·- O 0 2 CS 0 1 8 88. EÂ·~ -8 5 -- .5 .E k b 8 Â£2â‚¬40Â§ cd CO v . : a o g A 1 4 M C - Â· 1 Â¢ 3 .0 0 1 1 o eeg- 03 5.0 Â£ 0 = 4- u U U 2 6.- a ~ Â¤8,3 54.~~ C: ob 0 41bASE_Z: 20 2.0.0 R co & 5 im.8 e W ni 7 7 8 M 2.32 . c 3 3 -9 .- m 0.46 F * 9 9 & 47 Z 8 2' Â·Â·Â·; c: â‚¬ Re v & ~ 323 ju gâ‚¬.~32~41 82 :S %323 R = 8 * 2 7 Rg.i 2ER@63 MCEEED@ 1 0 *:E. g N RS 08 fi 8 98% g g g.ma M m % g o W . W O.0 u 02'508 .S.0.9 4 ~@ Fs 2 2 i -U a Â·a Â§ 1 5 fi - 4 - F bo U _ Do 9 gHÂ·HÂ·@ Â© li FÂ·3 gb*E -.2 - 0 es CES~ Er u== 41.E ir 4 .R Â§ b 40 0 R - M 24 6. .2 -2 8 ME 1 0 4.0 k = a -C U 8 9 Q O'c K U h 8 2 -0. 1 5 9 8 84.2.9 >to U.4 4 Â£ 5-0 -0-g -1 5 LE FE 9 -5 -2 - c.mzo (13.Mele REM . 0 44-2 70.8 -2 a 1- .0 A =1 A U -ci #1 -A- O Â·0 '54 00 4 - 7- M B &0 ~ EÂ· 58- aÂ«.kifi il z cs a 52:12, ME 2 8 ~â‚¬= uplgEE2%2N~ =2Â©=242~2=32 2 .- -2=5 52 lag~25 622&492~16~ CS 0 0 â€¢ b U .C 6. C 0 0 -0 0 3 Le,-9-2 N - WEC# #11/1/332: m~ .mil dial".i#.1 MA 9 Eil-,1 V /111* i : 42 ..E o g,2 G . c.m 6..5 ,2 .E â‚¬ e NtE,8 61 k 2 k 214,g.9 % 71 & :8 22 BE 3 th'Â§ :3 8 1-10-1 64- Agriculture 196 197 Undesirable Plant Management 35-5.5-109 , also known by .the scientific names of Â· Centaurea diffusa, e after receipt of notification, which at. prior notice management e: Entire article added L. 90, p. 1553, Â§ 1, effective July 1. body shall be nagen~ a landowner ber chosen y lou I Eqs su qons UJUIGAOS BOOT E SOIUO edno any premises, lands, or places, : panel mem . The decis uensin Eq JO JOUOISS! qelso 0181 041 1 osnuo BUOSUO 1 10100(ISUI aurea repens, Centaurea maculosa. no time shall excee e andowner or occupant shall either: ay es onal undesirable plants, for purposes of this arti- and submit an acceptable urisdict nal boundaries after a public hearing with r compliance; or - control of undesirable plants - occupant sh 11 through its delegates, agents, and emp ie local govern ight-of-way or area and has reason to be en perc nt nnection 01 luooe e poq BuTUIOAOS I 941 POII011UOO 10 OUUEUI OllIe adoid uod s! uonoodsup ue -U1O0 JO .IOJ SUPPJAO.[d jO 1&00 041 ssossu IlutIS Xpoq SUJUIVAOB IWOOI Sly 42nolqi /41091! u! 10 4100 -uoo qons Inun AUodold OleALI SUIS 'spuBI Nons luednooo 10 00!lou OIR U! loj pOHBO UIEU HEqs 00!lou Jo jouosoid 1041 4& 'sooed Jo 'spu Is !tual Kula -sod 9.104/A 'IOIWOO Bln In o olluoo IBM oulojeu Ssosse emods 1 104 -n000 JO JOUMOpUBI 041 JO 00Uo.unOUOO g uo!100Sqns SIW 01 old 01EAU -IJAOp UBId luOUIONEUBIU UBId 0Iqui!90 un pol;!luo ! 041 Iollu 3 0Iquilsopun BUIUIOOUOO oP bol 0 1 41!M 00 ue!Iduioo Sup Ilu00 041 JO u Id lUOUIOSEUEUI B jo luouIdoIO/Lop hIEIP pu AO ~0!11 IUJOAOS I uodn lue.LIUM 1180 OS 0 31 0!4Â£ U dUIO 10 Wo -Koi UI 0 PUB 'sluove 'solusopp s 'luOUIOSEUEUI 180!20Ioiq )1 0 41 Iodwoo io loJ j suo jo osod.Ind 041 1 J Sl 4 ss !snq 0IqUIIOSE0.I 9 !1 '01EAPd 10 0!Iq 5 Unsuoo Heqs Kpoct SupuloAOB occurred: unde and in s anner 'SluOU101!nbol IBOOI JOIBO XUB pue luOUIOBeueui lucid Â· 'SpuBI JO SOSIUI@.Id 041 uo spoos lell! 41 UI IO 1UOO @IqUI!.EAE 1soq 828 uo 10!Untu e Jo Kpoq BUIU.IOAOS 10 SJOUOISS!1Utuoo U04/6 puer Hons 01 S ant has requested an inspection; on any p lands, or places shall be fied, either orally or of the local government has made a v suo!loodsu! 'OIqissod 9.Ioqm odsu! lions noj O.IE slueld OIqUI!SOP -s!inf upACH Xlged!O!un U: 10 Klunoo o ble business hours for the ndowner or occupant has reported a susp 01 luednooo J O JOUM infestations, when at least u Kq ponss! dnooo UU.LIE ... n.-- - . .C -AS--177;: 1:. .61)Â·--2- -Â·- d.--........... - â€¢ 1 1 4. 4- 1 C.2005 7 &.2 % 5.1 A.g g . ed a - 2 .*-2 B -r câ€¢.E ~ a.y. 1 E NEO Re =31â‚¬21 9.99 0 M ult -0 0 S.Co ZE al u -Â·2 Z.R -) 0 C â‚¬== 4 0 0 = 4 Â£1*9.V.~0 CO c..8.2 :3 0 Rze 1- S 0.5 2-6 0 -095>7 U 00 2623 9% SJM 93 1 + *S C Ri 9 24 2 b /2 Â·. 2 0 42.- 4 0 8 -g 2â‚¬.0 6. 6 6.>.40 = O 3 2 2 g 3%~-9 E . E-- 0 04 N g #5 5 -3 -2 b .2 M -2 . 9 1 O.2 6.- Â§ 2 1% El g li .8 9.2 .N M C: 2 .g- 9 >. R m =Rk# 6 4 g a >.1 U, E- -0 4. >, 0â€¢ E ~ ;h Â¢ co, 9 Ag ~ 3 4% E Es Mr r.:Â· 1 -O -c -3-@ 2 u m 2 321,2 2 ~51.&.S 'la 0 R i & 78 1& 8 7M 8 k U = O -â€¢ .. = 9 A u Z 9 5 3 = >' 8 2.E . Ch 0 Rt: 8 25 4 ~C) 00 g i -2 - Â·Â·ZER J 00Â·d.5 a O - 2 10 N . 9 %4.2 10 1 0,2 - 2 Â¢ 4. CO & u .-2 2 .3- 2-. 0 6 fi de 4, Â· 04 0 2 >â€¢ A= M U A .- = .4 E 4. 4. 0 7 40= C A - 2 ca (U = Â·0 G g Â·t; ca 4 . E . C:10 0 - U m 0 = Eâ‚¬ O E MOO -1 0.-,0 . 2 K -2 11=â‚¬- â€ž 23 - cS 3 8-2 1 -2 * Ul =.5 b .5...9 0.8 4 4 Z 13 3% 2 2 5 5 2 u .- > U 73 0 U.= 2 2 3 3. M 2 0* M 4 0 -8 2 & H '8-R-2 2 â€¢4 45; 8 O -.6 2 = 13 4 2 - M Z) = 1,2 55 8.=E Yi 8 5:2 M .- -= c * Â·8,Â·a : :8 3,90 Â·2 8 8.2 13 : M ni ..2 2 :AR+FT ed 0 a CZ M I %46 4 4 6 .E.e %' 2 9.9 c *222 0-2 -0=U, -=00-0 0 -6 .C) U .Z. 3.8 6 -R 90.2 -g S Â·â‚¬:9~ 89 32 2 1-2 -2-5-:E'~ 2 M *-1- 22 -=1 1 2 2 - -ca -ar=>.CC uÂ¢cco 2.-O CE .@ .3 -44 0 5 g g R g 8 4.2 2 a 9 8.52 2 8 NE.8 222 2= RB u; E M.-O 9 c...0 .r E O 6 Â° E â€¢1Â·9 - 35 =a 4 0 4.3.2 EC = 51 = c 6.--=-.- 92 Â§ â‚¬1 218 22 =Stu 0 = bac: >,3 9- 9.Â¤= 4 â‚¬â‚¬/UUM 4# 2 f#14 ,~ Ba~w~= ~~,5Eeli 0ifl ~ ... W d toME 0 N .3 . :2 .0. M - 2 if- 4 -xc' 2.6 6. 6. 0 UN U; = b.3 ~ 4 19 b &13 6. 0 M .3 3 .82 1,2 .Z 5: -A . C S .E.2 0 -2 8 ~ -Â· 2 b N S c. WIJ ~ o gi E #â‚¬ 2 g) -1 9 ..6 92 =Eu 2 1 0 0.9 0'2.2 1 9 0.3 L E.9 E C: g %&22 W (1 ./ (/ 4,1 0 4 0 k >,C= U CO C t= C - & 0 Â¢13- -2 8 1 0.- -- 9 Â¤ 4 MA - _ CO 0 0 Â¢ 6. U & 0-0 A a w = 0Â° a 8 b m &8 -5 U o a M .C O .C, m.&1 U, == :2 - 16 2 *,0 5 5.-2 '3 1~, g t;Z Â»0.Â¤ cs M 9.Â¤ S k Â°-_ . 21*=TZ 4 60 40 2 4 2 o A E Wb Â£0= 0 >C- U 9 - 0 ACC E E E :E 2 0 -2 7 Wq U d 4 . 6 .E 0 4 0-0 0 0 C E,Â·o g %2 1 8 5 3 M 5 8 = 35 6 8 - g o E -2 2. E M % 2 3 2 %' O 6 - H.-, c 6. O 6..M U M E.ZEÂ·3 -1 k u CA 0 4 .2 4 COD -- C 34 4 0#2*gâ‚¬0*38.Egk5*5 .9325 52â‚¬AuSTE#EE 0 0.- C ~ 1~ tc Â¤'-0 40.- 4 . C CÂ·C - 8 CO 'O oak:8 0 00 1 ~E IN ,a .Â£: 43.&3 2-3 -10 92 2 iâ‚¬ 2 0 >Â·3 -2 b >' g e-s g S CON= w O EL & p = 2 BU'ht g ag 4. 6 -= p CS (9 0 . S .9 = O 4- U .... ./ Ill .- A 0 9.0 C * CC 2&48go,â‚¬= ND-223 12*v =Rwame&'Ed 82 8 0 OO . ~ 9 - u a g 3 0.- 0 0 2 tz ReE 10.3 6 41 = 01 2 5 M- U ..3 @.8.~ A~~*dE 0 -0 24 1943@ME 3@*oe.. uâ‚¬gg 22@**%=821 = U u,' =5 - 82 %12 -0 . u o- - O-0 'I un <3 2* 9 81 2 8 M~% 2Â·*'Z ~3 8 61 * 9 13%42â‚¬-23%33â‚¬%3 3 2 E ig3 - u co= ed - 2.3 U 0 0 03 8.gEU M *:ge = 19600 2731 - 00 - mEtz c 2 8 L U M u o. O 3 .2 C 2 Q UE ~~lt= S.*.g 9.- C 2 imâ‚¬21%=32ES#s522#222* MEEÂ©ZE â‚¬22=Z 2 *20 M F g - = 508 22 4 . - 2 u a u 9== 2= 2 82â‚¬ 9 6 :,8 9 " 50.2 = 3 â‚¬ g * c 2 ,;: 5 % E ~ 3 7 4 2 .E = 002 9 '- 4, i- 9 a ~3 9 - a = d Â¢ alt -0 Â·Â·d as 2 2 Â£ 2-Z.F.2 8 Z Z 3.~ a .RE 82.9.8 0 .1 g N.E 0 0.Â¤ 6 2=a o u 32 18.% 9 04 if 4 .'34 9.2= 2 0.0-cm E 0.2 s.sa E DAO; =GER 5 09.1 * 4 50 C Â¢ C 0 .0 0 02 0.- u=St=â‚¬O - 2 NE 3 w 9 951.W c 92315 REE.5-60 0--2-9 =- Â¤ =Â·2 a,Â·SE 29~ .i32Â£ 9 7 u .2 0 '4 -r 9 -0 0 2 M.9 Y 2 43 .0 .E S .-~.2 2.2 8 2.2 9.2 23 * ouvÂ·g .- 0 - .:D = . 4- .- 9 92 - co C , - ~ EX E &-1<. ,-~ *- -Â· M R 3 mute 8 00 0-:= -7- 2 2 EEÂ·3 al % A * e .a o >Â·= o= c= a,= d gpÂ·= ac= == c.Â¤ e.$ 0 9.2 23Â·5 N 2,3-0 c,&88 1 ..e .1,92* &4*61 *gE-2.8-4-2,~-2,-Â§<3 **& 2 -Egi g.8 ~,~ 1 3 ~~ - U 1 0 1 - /'25 jiÂ·,1.2-liu Agriculture . 198 199 Pest and Plant Quarantine 33-6-108Â· 7 0 No age employee, or delegate of a local gover g body shall have 35-5.5-111. Cooperation with federal and state agencies. The local govern- - the integrat d management of undesirab pl m ~ ,L 5-5.5-112. ublic rights-of-~ay - con charges Olojoq 10 uo XIqUIOSSE IEJOUOS 341 01 Xpnls qons jo suosn uo against a landowner or occupan f personal injury of all counties and municipalities in this state are hereby author- ncurred while rinto COO e agreements with federal agenci supe verning each stat 7 XInf OA!10430 'I Â§ 'L55 I 'd '06 '1 'POPPE 010!UE 01 U !18.IodooO JO PAOI 041 Ouptulolop 01 pUBI' Ielo J0Un00 OAUUIS !201 041 '010!118 s!41 111!M lUOUIUJOA tire article added 0, p. 1557, Â§ 1, effect and remedies rela reventio a I10!Uls P IDAOU!01 SUYPnpu! 'UO!1 'puBI Iulapaj UO 301!EFIdu,03 Jo lun00 OSOql AOA.Ins Hults VOUn00 OA 'I KInf OA!1001;0 'I Â§ 'L55 I 'd '06 '1 'POPpe OIO!11E 01!1UEI :031nos OI s! uorlelsRJ 9 GI'IOLLHV JOAO UO!10!PS!,in OUIUedop OU!}UU.IBno }UBId puu }sad OU@22 1 q 941 uo 9, '5861 '91 KEW @Alloollo 'dI Â§'GEI I 'd '98 .7 'poleadow -OBJS!1BS SUO!1!puoo pu u Pon 0 1 1!sopun oos 'slsod JO lolluoo pue ounuelenb 041 Su!Uloouoo guoisaold juosold .ro:[ :saiua.[43.1 ssoo assure that al easement appu B pUE 'SJO!1180 1!041 'Jo posed to infestation ion to all other remedies K ov board affected s ment o lic nuisance - abateme the local governin ocal governing body, S.IP.odde uo!10-IOSIP Sl OSBUEUI plants are situate e erritorial juri (POIcadaH) . 'SOI-9-SE 01 IOI-9-SÂ£ jO luOUIOSEUBILI DIll ne 01 Kpoct BuJUJOAOB $*01 I-4-5Â£ pueon-ME Â§ Â§ ' I Kinf OA!100110 ' I Â§'955 I d '06 .7 Poppe g I<!UE 01!lua :301nOS %~ Klenuef chosen lunOUI ons le a ego Nons ! 101UO KBIU U V 'sp BI Ipns JOAO oard d 01 SI !81 Xoug E proper charge a r cult Iquisopun 4ons JO luOUIOSEU rticle added, L. 90, p. 155 ndesirab OUI U Ile49 Xpo SUJUJOA BUU 09 18 40 qonS 10 'pO the state. ement 8.04.010--8.04.020 APR D Title 8 %-* HEALTH AND SANITATION Chapters: 8.04 Garbage < 8.08 Weeds ~ 1 . Chapter 8.04 GARBAGE.7' Sections: 8.04.010 Definitions. 8.04.020 Collection. I 8.04.030 Junk--Accumulations prohibited. 8.04.040 Junk--Abatement of unlawful accumulations. 8.04.050 Junk--Deposit on private property prohibited. 8.04.055 Junk--Deposit in receptacles in violation of sign prohibited. 8.04.070 Disposal of dead animals. 8.04.075 Open burning prohibited. 8.04.080 Violation. 8.04.010 Definitions. As used herein, "garbage" in- cludes, kitchen and table refuse, offal, any decaying vege- table matter, and all substances which attend the cooking, dealing in, processing or storage of meats, fowl, fruits or vegetables. As used herein, "waste" includes all refuse from places of human or animal habitation, industry or business. (Ord. 357 Â§1: prior code Â§16.1). 8.04.020 Collectione The board of trustees shall pro- vide by contract or otherwise for the collection of garbage from all places within the town at regular intervals which * For statutory provisions authorizing towns to provide for the removal of rubbish of all kinds from lots and tracts within the town, and to assess the cost of such removal against the property owner, see C.R.S. 139-78- 3(11). For statutory provisions authorizing towns to regulate and prevent the depositing of garbage on any public grounds, see C.R.S. 139-32-1(2)). For provisions authorizing towns to cause removal of any nuisance, source of filth or cause of sickness, see C.R.S. 66-3-13; for provisions regarding dead animals, see C.R.S. 66-3-12. 73 (Estes Park 2/90) n ~ l-lt VMY TOWN OF ESTES PARK PUBLIC WORKS DEPARTMENT CITIZEN SERVICE RESPONSE REPORT SEPTEMBER 1994 CODE TYPE OF CALL NO. OF CALLS HOURS 11 BLEEDER MAINTENANCE 12 UTILITY LOCATION - MAIN 36.00 66.75 13 UTILITY LOCATION - SERVICE 10.00 12.50 15 SERVICE LINE INSPECTION 1.00 1.00 16 TAP REQUEST 17 WATER QUALITY - TASTE 18 WATER QUALITY - ODOR 19 WATER QUALITY - COLOR 1.00 1.00 20 PRESSURE PROBLEMS: HIGH 21 PRESSURE PROBLEMS: LOW 22 FROZEN LINES: MAIN 23 FROZEN LINES: SERVICE 24 LINE BREAKS: MAIN 25 LINE BREAKS: SERVICE 30 METER REPAIR 28.00 27.75 31 FINAL INSPECTION 5.00 6.50 40 CONSTRUCTION RELATED: WATER 41 CONSTRUCTION RELATED: PARKS 42 CONSTRUCTION RELATED: STREETS 44 CONSTRUCTION RELATED: OTHER 1.00 2.00 50 STREET REPAIR 1.00 5.00 51 SNOW REMOVAL 52 STREET SWEEPING 1.00 6.00 53 SIGN REQUESTS AND REPAIR 4.00 3.50 54 STORM DRAINAGE 2.00 18.00 55 TRAFFIC HAZARD - 60 OTHER . 3.00 5.00 TOTALS FOR SEPTEMBER 1994 93.00 155.00 HISTORICAL DATA THIS MONTH LAST MONTH LAST YEAR TOTAL CALLS 93.00 126.00 101.00 TOTAL MAN HOURS 155.00 196.50 207.25 %CHANGE(CALLS/MHS) -26.19%/-21.12% +8.62%/+9.32% -7.92.%/-25.21% U Rl-1 TOWN OF ESTES PARK SEPTEMBER 1994 ACCOUNTABLE WATER REPORT I) Treated water for August 14,1994 through September 13, 1994: August 14 to 31 Water Treated: *Fall River O Glacier Creek 26,441,000 Marys 7,716,000 Sept. 1 to 13 Water Treated: *Fall River O Glacier Creek 17,380,000 Marys 5,182,000 Total Water Treated in Billing Period 56,719,000 Gal. 2)Accountable Water Adjustments: 3,198,480 Billing: . 41,786,034 *Backwash 0 Total Water accounted for: ~ 44,984,514 Gal. 3.) PERCENT ACCOUNTED FOR: 79% 4.) 12 MONTH AVE. PERCENT ACCOUNTED FOR: Â· 78% R2-1 . . WATER.XLS r . SEPTEMBER, 1994 ADJUSTMENTS 1.) Water Dispenser TOTAL WATER DISPENSER (Gal.) 247,000 2.) Bleeders TOTAL BLEEDERS (Gal.) 1,932,480 3.) Flushing/Leaks/Misc. a. 31-Aug Stanley Views 139,000 b. 3-Sep Steamer Servive line 30,000 c. 8-Sep Middle Broadview 80,000 d. 10-Sep Flush Steamer 20,000 e. 13-Sep Big Horn leak 750,000 f. g. h. 1. 1. TOTAL FLUSHING, MISC. (Gal.) 1,019,000 TOTAL ADJUSTMENTS (Gal.) 3,198,480 R2-2 'i â€¢ 3t , TOWN OF ESTES PARK WATER USE RECORDS SEPTEMBER, 1994 DATE FALL GLACIER SUBTOTAL MARYS t TOTAL 2. RIVER CREEK (GAL) CFS (GAL) CFSi (GAL) 1 0 1,196,000 1,196,000 1.86 if 210,000 0.33 - 1,406,000 2 0 1,258,000 1,258,000 1.96 65,000 0.10 1,323,000 3 0 1,119,000 1,119,000 1.74 i 505,000 0.79 i 1,624,000 4 0 1,258,000 1,258,000 1.96 , 269,000 0.42 1,527,000 5 0 1,365,000 1,365,000 2.13 , 372,000 0.58 1,737,000 6 0 1,325,000 1,325,000 2.06 445,000 0.69 1,770,000 7 0 1,309,000 1,309,000 2.04 473,000 0.74 ' 1,782,000 8 0 1,315,000 1,315,000 2.05 : I 497,000 0.77 1,812,000 9 0 1,294,000 1,294,000 2.01 393,000 0.61 1,687,000 10 0 1,315,000 1,315,000 2.05 i I 381,000 0.59 1,696,000 11 0 1,237,000 1,237,000 1.93 i 486,000 0.76 i 1,723,000 12 0 1,443,000 1,443,000 2.25 : { 345,000 0.54 i 1,788,000 13 0 1,946,000 1,946,000 3.03 741,000 1.15 2 2,687,000 14 0 1,696,000 1,696,000 2.64 486,000 0.76 : 2,182,000 15 0 1,091,000 1,091,000 1.70 : ' 367,000 0.57 6 1,458,000 16 0 1,022,000 1,022,000 1.59 i i 422,000 0.66 1,444,000 17 0 1,215,000 1,215,000 1.89 h 406,000 0.63 } 5 1,621,000 5S 18 0 1,367,000 1,367,000 2.13 425,000 0.66 i 1,792,000 19 0 1,201,000 1,201,000 1.87 433,000 0.67 : 1,634,000 20 0 1,139,000 1,139,000 1.77 :. 391,000 0.61 1,530,000 21 0 1,044,000 1,044,000 1.63 412,000 0.64 i 1,456,000 22 0 926,000 926,000 1.44 i i 339,000 0.53 1,265,000 23 0 1,015,000 1,015,000 1.58 : 657,000 1.02 1,672,000 24 0 1,045,000 1,045,000 1.63 337,000 0.52 1,382,000 25 0 1,033,000 1,033,000 1.61 452,000 0.70 1,485,000 26 0 1,172,000 1,172,000 1.82 i j 351,000 0.55 1,523,000 27 0 1,285,000 1,285,000 2,00 : 554,000 0.86 1,839,000 28 0 1,187,000 1,187,000 1.85 ty 412,000 0.64 1,599,000 29 0 1,245,000 1,245,000 1.94 373,000 0.58 1,618,000 30 0 1,145,000 1,145,000 1.78 446,000 0.69 + 1,591,000 31 0 - - 0.00 - 0.00: .1 0 TOT. 0 37,208,000 37,208,000 1.86 : 12.445.000 0.63 49,653,000 2Â· Â· 2 2 3 AF 0.00 114.19 114.19 38.19 152.39 CFS 0.00 1.86 1.86 0.62 2.48 BL(-) N/A N/A N/A %8 N/A -3,198,480 GAL 0 37,208,000 37,208,000 : 12,445.000 i %*~ 48,454,520~ AF 0 114.19 114.19 38.19 9 142.57 1st-13 0 17,380,000 5,182,000 14 - 31 0 19,828,000 7,263,000 R2-3 ' I. '.., I. s 0 CD '45D N 0 O r- 1 1 :1..: :: :: :: ;: :-: 44 1 .: \:.. :.:c. 1 L N ' 6*Aulawlammamm# m.<:...:..,:~s.:..Â·Â· . 46610 *Immen-E#W.JEGa.liwk#mi,Z-ft.14*Al-,WjU@1~~MAUL'.*AR.T.EQmw.F,~ - Ii::499.-4:x:-3 Â£66 1 ~MFITMÂ¥mm,m FnEWM%%%11481*HA Â·Â·qfqi*MA49u2#888*Bm **308*$$*88e888*. . t I J. 4 4 . IIII'I1iI1i 11111 L661. m_ g M,M,W~Wâ€žm',Aiftnit,iumm*urm,~m,~mi,1-,1â€žm~,~,tat~â€ž1â€ž~,tt,~â€žiâ€žMmmmJ ~ ~ .2 ~,,1,1,2#4.Affl,â€ž4..mii,iWt#i,iN;,i,~hA-ii~4~~.Lil-ti#,tii-.li.A.mm,:â€ž,i.,:â€ž.4,,â€žA ao.,6,11Iwfm. 4 1 .t + -it L i,ily, , i,Jfi, i iktmmthMWQA,i,Atm4ini i *,1 , tihii, min, 1,1 inâ€žiii i,ip,imi,Riii :1 996 J 4- 12 ' | Â·I ItÂ· + -' tÂ¢.L Â·+' Â·Â·1411.+. 1.-11 4-4*- -! -1 +1.1â‚¬.-1- - 1 11â€ž.~1~ ~Â·tri m mi l i,t lr,rlm irl ' Al li m Mm mm . Â· m m i rir m M M .k 1,1 11 11 11 ' 9 111 ' 1 Â· im n 'Ill 3 4 f Â£96 L 1- 4 - - Â· 996 t -4444#4~- =02 211'961 Q " Â£96 L m~M##E?k; 1961. X X:N E x 4- kÂ·.1 ... 4. 906 K ... 1 -14,# d#*S~SKy;$3*9*93554*A 0 R2-5 / T. t..7Â·. I dBS M &931 SEPTEMBER & YTD GALLONS BILLED 250,000,000 -~ 200,000,000 --4 GALLONS 150,000,000 -- 300,000,000 -I -/4 ,- 000'000'001. .- 000'000'09 0- 0 u, 81 K am 1 '41'11 ~ 1 ~ 1 1 1 . ..1,111-111,11't,11-11: N 1 R N :..1 :41. M - *Mt,j~* -~ - 11Â· " 1 "Iii , Â· i I li~' f 1.= 11,r * ,4'1 1-,.,.AF : 1'' 1, kL - 11." - 1 111. 1% 11 11 1 e- Mwjjj=Emmm.'ier.'www'Â£/m'.4..Ar'===r'Â·=mmni~~Â·ai~.. .1 1 ,-..1 . j '' Ii,I g...................UÂ· Zpm,Zfil'll.*Al#.~Ni=/..-Â£=. :0/,7.0.::.:c exÂ«X-0-*06040*<+000468006Â®Â«1 11 1.1- 1 - . 9 91' f ... ... .. 'A,-- - *4----4' - 71=.. 111...r.........M.Â· Â·TÂ·Â· Â· ~M~ ."'.!2111111 'N, 1 ' . ~ ~ ntitrrnÂ·,ti,Viti,~,ii,i,t~li~ili,~11,1~,11 $ Ii,11 I, 11,1,mhT' I,12 .... Iii- *:< I -L~- 4 ~.......................4.1 Â·Â·Â·Â·Â·Â·Â·Â·~Â·'-Â·.7'X 1 ,"a#Fu'PE 3nN3A3k1 N Â· ~#5*44#9644*thâ€žMTâ€ži"â€ž,n,dihn~,~,â€žm*liw~â€žâ€žâ€žâ€ž,'I,w,Iâ€žâ€ž~"â€žâ€žâ€ž~,~~,~~~â€ž,â€ž :.: :1. =!!,E,r'11'*P .TTt .PEr'Jâ‚¬Â· 17-4.1--]F'IN'~z!~_~! ~ @*4*,ViT + 1:i- Â·Â·Â· Â·Â· Â·Â·Â· Â· 4 :â‚¬4% 2'R2-6 1 L SEPTEMBER & YTD REVENUE 10.8% 4661. Â£66L 166L 166K 066L 696L 996L 2961. 9961. 996k +961. Â£961. 1961. kIV3A 900,000.00 -~ 800,000.00 -0 500,000.00 -' 700,000.00 -4 E 600,000.00 -A 7- 00.000'00* i- 00.000'00â‚¬ 9- 00.000'002 1- 00.000'001 TOWN OF ESTES PARK AUGUST 1994 ACCOUNTABLE WATER REPORT I) Treated water for July 14, 1994 through August 13,1994: July 14 to 31 Water Treated: *Fall River O Glacier Creek 32,577,000 Marys 11,925,000 August 1 to 13 Water Treated: *Fall River O Glacier Creek 16,546,000 Marys 10,465,000 Total Water Treated in Billing Period 71,513,000 Gal. 2)Accountable Water Adjustments: 2,516,100 Billing: 60,592,400 *Backwash 0 Total Water accounted for: 63,108,500 Gal. 3.) PERCENT ACCOUNTED FOR: 88% 4.) 12 MONTH AVE. PERCENT ACCOUNTED FOR: 78% R2-7 4 WATER.XLS AUGUST, 1994 ADJUSTMENTS 1.) Water Dispenser TOTAL WATER DISPENSER (Gal.) 392,000 2.) Bleeders TOTAL BLEEDERS (Gal.) 2,074;100 3.) Flushing/Leaks/Misc. a. 4-Aug Prospect Estates leak 50,000 b. C. d. e. f. g. h. 1. j. TOTAL FLUSHING, MISC. (Gal.) 50,000 TOTAL ADJUSTMENTS (Gal.) 2,516,100 i R2-8 , i ... - t r - TOWN OF ESTES PARK WATER USE RECORDS AUGUST, 1994 DATE FALL GLACIER SUBTOTAL N MARYS : 4 TOTAL RIVER CREEK (GAL) CFS ~ i (GAL) CFS (GAL) 1 0 1,410,000 1,410,000 2.20 747,000 1.16 ~ , 2,157,000 2 0 1,297,000 1,297,000 2.02 714,000 1.11 1 2,011,000 R : 3 0 1,120,000 1,120,000 1.74 1 836,000 1.30 > i 1,956,000 4 0 1,138,000 1,138,000 1.77 fl 743,000 1.16 i i 1,881,000 5 0 1,155,000 1,155,000 1.80 710,000 1.11 4 1,865,000 6 0 1,179,000 1,179,000 1.84 712,000 1.11 ' # 1,891,000 7 0 1,336,000 1,336,000 2.08 733,000 1.14 2.069,000 8 0 1,326,000 1,326,000 2.06 681,000 1.06 i 1 2,007,000 9 0 1,449,000 1,449,000 2.26 L 861,000 1.34 & 2,310,000 10 0 1,268,000 1,268,000 1.97 { 4 1,165,000 1.81 ; 2,433,000 11 0 1,399,000 1,399,000 2.18 Â§ i. 1,012,000 1.58 2,411,000 12 0 1,214,000 1,214,000 1.89 : 753,000 1.17 1.967,000 13 0 1,255,000 1,255,000 1.95 798,000 1.24 i 2,053,000 14 0 1,209,000 1,209,000 1.88 826,000 1.29 2,035,000 15 0 1,196,000 1,196,000 1.86 f : 712,000 1.11 1,908,000 â‚¬ I 16 0 1,181,000 1,181,000 1.84 : 704,000 1.10 1,885,000 17 0 754,000 754,000 1.17 : : 881,000 1.37 1,635,000 18 0 1,349,000 1,349,000 2.10 91 874,000 1.36 : 1 2,223,000 19 0 1,403,000 1,403,000 2.18 i i 645,000 1.00 & 2,048,000 20 0 1 i504,000 1,504,000 2.34 384,000 0.60 i j 1,888,000 :S 21 0 1,608,000 1,608,000 2.50 : 275,000 0.43 F 1 1,883,000 22 0 1,560,000 1,560,000 2.43 302,000 0.47 i 1,862,000 23 0 1,441,000 1,441,000 2.24 1 197,000 0.31 > 1,638,000 24 0 1,598,000 1,598,000 2.49 281,000 0.44 1,879,000 25 0 1,703,000 1,703,000 2.65 261,000 0.41 1,964,000 26 0 1,768,000 1,768,000 2.75 259,000 0.40 2,027,000 27 0 1,895,000 1,895,000 2.95 386,000 0.60 f 1 2,281,000 28 0 1,886,000 1,886,000 2.94 } 257,000 0.40 ~ 2,143,000 29 0 1,517,000 1,517,000 2.36 : 99,000 0.15 , 1 1,616,000 30 0 1,425,000 1,425,000 2.22 149,000 0.23 1,574,000 31 0 1,444,000 1,444,000 2.25 224,000 0.35 1,668,000 TOT. 0 42,987,000 42,987,000 2.15 18.181.000 0.91 61,168,000 AF 0.00 131.93 131.93 , 55.80 1 > 187.73 .: I CFS 0.00 2.15 2.15 0.91 3.05 BL(-) N/A N/A N/A N/A -2,516.100 GAL 0 42,987,000 42,987,000 18.181.000 ~ 58.651,900~ AF 0 131.93 131.93 55.80 180.01 1st-13 0 16,546,000 10,465,000 14 - 31 0 26,441,000 7,716,000 R2-9 4 . 2 Â·Â· r .-0 0 ri u; 7 7 m : 11,111.l.:: 1.4 .... 1 1 ~71mlmgmumdmimmp~WMMM*MmOmMmmEAMMMMMfpE#*mimmtÂ·8* 1- . 1- 1 M#IMI 11- 1 1 11 1 lilliI'll: -f- I~i,AM',m'mllmttâ€ž,tmvt'"T~mi,Iihi,inihli~Ilmiti,illi~~,Vi,~i,i,uii,iini,Militpvhl~,i,â€ž~ii,ii,i,â€žfrn &41 .... ' .... .... Â·Â· LU ~!2'..1~~fjEE,LE'i-i'J.#Zkyl<i+., tf.....4.4':.'.~1:3~ i;i l';t[i"i':,::t:% - LU I I i.ll'fm" 'AÂ·'1Â·1!%12 r..1,1 1.1 11 .1.1 1 111 11 16 11. 1. 11 . ..1 lilli 411 1 1 , lilli 1[ 4 - 9 1 - 11.+ 11 4 1 1 1 .1. M_ -1 -4 ./ t 1 -HI I. - - . rlâ€žmâ€žâ€žm,dniA,l,tâ€ž~~â€žhfui'.~,0mM~â€žhâ€žâ€žiiiâ€žWAâ€ž,Ilb B*111$,11,1 11~111 11111 11111111,1 211...1~111,1~ 11,1111 11 1,1 hA~ M 1~11111111111 *fregtek.-F, 1-2 :*i-~~i:,j-j.094 ~.~ â„¢ . CD 4 - 9 - -r Nx :~ 1 . Â·> M - 4 - .1 1 - 1. 11 1 4 S 3nN3A3k1 R2-10 snvm t'66L Â£66L 166L L66K 066L 696L 996L L961. 996K 996L AUGUST & YTD REVENUE 800,000.00 - 700,000.00 -1 600,000.00 -1 00.0 500,000.00 -1 400,000.00 -1 00.000'00Â£ - 00.000'001 1- 00.000'001. 114. F. ,4.lily .1 . . 0 0 10 4. = V .1 4 1 A- m 1 . 11 11 lili 111 111.11.11 .11.1..1111.1 <' - ----1 *661 M.,MH'Im!111!111.11<1'Nilililimill""111111;11;i~;11:16111;11!Kil:1;111;;1:immil|11*1!Rillti;R~~;A111100,~ '1 Â£66L ~ ,minmmllmm,IlltiawliIRi,fiahmmiammimw~'m~AmmuakhlimiltmpX#&1410 1 1 "Â· ' 266K 1 1 1411.11.1..11.1 lili. - - id .: ~ 9~G,tâ€ž,Ii,tAdmR#im~,tim&â€žAmmiT=;Twi=,:mmi~i'JI~.Mn#â€ž,h-,wr,ilft,â€ž,r ...Ill 111,11111 lilli ~ [66!. 9 i VF 43 Ipir & , i .ir-,Ier.-1 --r,Tr-111-1'tA Wimir/APWRRIMjERVAL..A.h.â€ž'.â€ž,ilIm=",~A 'le 1,1,1.,11" ,J 0 *4.â€žIhhm *,/,r- Â· 0661. 1@limm#,T?Rgiu.nt~11,~11,t,6,A#qi,F,#&,3'1-,dth,Imâ€žf,U;mt,â€ž,~,~:m-mâ€ž;,10, 111...1-611.,11111 1 ' ' 696 1 062.1 117'* +1, .APA/ ri.11.- 1 1 1 11 + 1 11=. Â· ,~,111,1,1,111,11Â·,ImmimniÂ·iiiÂ·"rtÂ·i'i iriiÂ·'1'i,mii,&91&,ili"hi'~de'ii,li'Â·,inÂ·-t &11'411'411,~N 1. 4 11 1,1,1,1,1. 1 , 9861. 1 4 .. ~~1 L96 K I '51 -- --1 .4~ x- '- - 996 K -1 - - - ~ 996: 4 r *96 / it.z#r-1-W;WE~:2"276 ':7514 '21;+;-~{ py 9 1 1 1 Â£96 J . 4 .. -"-1, 196 L 1 4 Â·Â· 18 13 _ 0 R2-11 4 :.. env m hIVBA AUGUST & YTD GALLONS BILLED 250,000,000 -f 200,000,000 -+ 150,000,000 -3 GALLONS - TOWN OF ESTES PARK TOTAL WATER PLANT PRODUCTION (CALENDER MONTH MINUS BLEEDERS) 1993 1993 1994 1994 MONTH YTD ~ "1 MONTH YTD ~3 % 96 MONTH TOTAL TOTAL i TOTAL TOTAL i CHANGE CHANGE (GAL.) (GAL.) (GAL.) : i (GAL.) (GAL.) (MONTH) (YTD) JANUARY 26,042,370 26,042,370. 26,254,900 26,254,900 1% 1% FEBRUARY 21,131,280 47,173,650~ 1 23,570,900 49,825,800}i 12% 6% MARCH 26,485,160 73,658,810: { 25,802,800 75,628,600: -3% 3% APRIL 22,764,110 96,422,9202 { 25,339,400 100,968,000 i 11% 5% MAY 40,059,420 136,482,3402 41,750,328 142,718,328: 4% 5% JUNE 54,127,530 190,609,870: 63,441,300 206,159,6281 17% , 8% JULY 71,039,000 261,648,870. 1 76,468,746 282,628,374 8% 8% AUGUST 62,554,600 324,203,470: 58,651,900 341,280,274 -6% 5% SEPTEMBER 42,196,410 366,399,880 OCTOBER 31,229,400 397,629,280: NOVEMBER 23,165,000 420,794,280 DECEMBER 28,057,300 448,851,580: TOTAL 448,851,580 *C-FT 10,304 R2-12 4 . HAMMOND, CLARK AND WHITE LAW OFFICES BANK ONE BANK BUILDING. SUITE 418 LYNN A. HAMMOND 200 EAST SEVENTH STREET ALFRED P. DAVIS Â¤F COUNSEL ROGER E. CLARK LOVELAND, COLORADO BOS37 GREGORYA.WHITE 303-667-1023 TELEFAX 303-669-9380 October 5, 1994 Bill Linnane Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Dear Bill: Enclosed please find a memorandum concerning the Amendatory Contract along with three original copies of the Contract. I believeÂ·that the memorandum is self explanatory. If you have any questions, please give me a call. Ver~ truly yours, 62 . L -4 Greg~ry A. White l . GAW:jc Enclosure / 11 1/ l./ MEMORANDUM TO: Public Works Committee Town of Estes Park FROM: Greg White RE: Mary's Lake Treatment Plant-U.S. Bureau of Reclamation Tap Agreement DATE: May 19, 1994 HISTORY: In 1939, the Town of Estes Park and the United States of America, Department of the Interior entered into a contract, the purpose of which was for the Town to provide services to the United States which were necessary for the construction and maintenance of the Colorado-Big Thompson Project. The Town agreed to provide water supply, fire protection, and rights-of-way easements necessary to permit the construction, operation and maintenance of the project. In return, the United States granted to the Town the perpetual right to use 500 acre feet of water annually from the water supply of the project. The contract provided that the Town was to pay an annual charge for forty years of $1,000.00 for such water right, a perpetual charge of $2.25 per acre foot per annum for power interference and a maintenance charge of $.25 per acre foot per annum. Subsequent to the execution of this contract the. Town provided a tap on the penstock above Lake Estes which provided access to the water supply for the Town's Big Thompson Water Treatment Plant. On October 12, 1970, the United States and the Town entered into a contract which provided that the Town, at its own expense, could install a water tap outlet at the Mary's Lake Gatehouse to permit connection with works of the Town for the future delivery of water to the Town. Said agreement was made in anticipation of future agreements to permit the Town to connect its water supply works to the tap for the future delivery of water to the Town. At the time of execution of this contract, the Town's water supply consisted of direct flow water rights in Fall River and Glacier Creek, the 500 acre feet of Bureau water and some limited units of Colorado-Big Thompson water. At the time of the execution of the agreement, it was contemplated that at the time the Town constructed a future water treatment plant at the site near Mary's Lake, some of its water supply, including the 500 acre feet of Bureau water, would be used through this tap. There was no mention in this agreement of any difference in the cost for power interference charges or maintenance charges for the transfer of the 500 acre feet of Bureau water from the Estes Park Power Plant Penstock to the Mary's Lake Gatehouse tap. In the early 1990's, the Town designed, constructed and opened the Mary's Lake Treatment Plant for the purpose of providing increased treatment capacity for the Town's water system. Said treatment facility was built on property owned by the United States, pursuant to a license agreement with the United States through the Bureau of Reclamation. At the time of negotiation of said license agreement, it was contemplated by the parties that the 500 acre feet of Bureau water, CBT units owned by the Town, and the Town's Windy Gap water would be used in the Mary's Lake Treatment Plant and the Big Thompson Treatment Plant would be mothballed. In 1991 I wrote Mr. Felix Cook, Acting Project Manager of the Bureau of Reclamation requesting that the Town and the Bureau begin the process to amend certain provisions of the 1939 contractÂ· between the United States and the Town. (copy attached) On November 11, 1991, I wrote a follow-up letter to the current Prbject Manager, Jack Garner, requesting the same as the previous letter. (copy attached) On January 24, 1992, I wrote an additional letter requesting the same. (copy attached) Finally, on July 15, 1992, I met with Tom Gibbens of the Bureau to discuss the agreement. At that time the Bureau indicated it would be including a power interference charge for the entire system from Mary's Lake Power Plant through Flatiron Power Plant for the change of location for the new amended contract. At that time I expressed my concern that this was not contemplated by the parties and was totally unfair and uncalled for. In September of 1992, I received a draft Amendatory Contract from the Bureau of Reclamation. On October 27, 1992, I sent a memorandum commenting on the proposed draft Amendatory Contract. (copy attached) The main concern of the Town at that time was that the power interference charge only be $2.25 plus the charge for power interference which resulted in the bypassing of the Mary's Lake Power Plant. Nothing further was received from the Bureau concerning my comments. In the summer of 1993 myself and Larry Simpson, General Manager of the.Northern Colorado Water Conservancy District, met with Jack Garner to discuss this matter. Mr. Garner informed us that he was under orders from Washington not to execute any Amendatory Contracts nor negotiate the same. On February 17, 1994 I received a letter which withdrew the proposed contract for further consideration by the Town. (copy attached) The letter went on to state that the Bureau would formulate a new Amendatory Contract for consideration, but until such time the Town could not take delivery of the Bureau water anyplace else than the Estes Park Penstock. Since the Big Thompson Treatment Plant had been mothballed, this, of course, deprived the Town of the use of the water. Prior to this time, the Bureau had informed the Conservancy District not to credit the Town with any of the 500 acre feet of water through the Mary's Lake Gatehouse tap. On April 29, 1994 a new Amendatory Contract was sent to the Town. Said contract contained the same provisions that the Town had objected to at the first go-round in 1992. Also, the contract drastically changed the substantive provisions of the 1939 agreement. Instead of a perpetual right to use the 500 acre feet of water, the new contract provides for a 25 year license to use the water with the possibility of a renewal option for an additional 25 years subject to new terms and conditions at the time of said renewal. The letter went on to give the Town 30 days from April 29, 1994 to respond or the Bureau will assume that the Town has abandoned the 500 acre foot of water supply which will revert back to the United States. ADDITIONAL INFORMATION: 1. At my request, the Bureau has provided an estimate of the power interference charge for February, 1994 which is in the amount of $23.85 per acre foot and October 1, 1994 in the amount of $25.03 per acre foot. 2. The present value of 500 acre feet of this water is approximately $1,200,000.00. That is based upon a current purchase price of $1,500.00 for a CBT unit. 3. .The Town has fulfilled all obligations of the 1939 agreement including the provision of water supply, fire protection, payment of the purchase price for the water, and granting of permanent and perpetual easements for the project. 4. At the present time, the cost of the Town to take an acre foot unit of Windy Gap water is approximately $46.00. Also, the Town can rent CBT water in the amount of $28.00 per acre foot on a per year basis. 5. The Town will continue to have to pay the proposed maintenance charges to maintain the 500 acre foot of Bureau water even if the water is not used. STAFF RECOMMENDATIONS: Authorization by the Public Works Committee for the Mayor to send the accompanying letter to the Bureau concerning this matter. HAMMOND, CLARK AND WHITE LAW OFFICES BANK ONE BANK BUILDING. SUITE 418 LYNNA. HAMMOND 200 EAST SEVENTH STREET ALFRED P. DAVIS ROGER E. CLARK OF COUNSEL LOVELAND, COLORADO aOS37 GRESORYA.WHITE 303-667-1023 TELEFAX 303-669-9380 November , 1994 Mr. A. Jack Garner Area Manager Bureau of Reclamation 11056 West County Rd. 18E Loveland, CO 80537-9711 Subject: Amendatory Contract No. 4-07-60-W1075 with the t Town of Estes Park (Town) to Replace Contract Nos. 0-07-70-W0021, 14-06-700-848, and 7-07-70-W0120 to Enable the Town to Take Delivery of Water at the Town's New Water Treatment Plant - Colorado Big-Thompson Project, Colorado Dear Mr. Garner: Enclosed please find three originals of the above referenced Amendatory Contract executed by the Town of Estes Park. Also, enclosed please find a certified copy of Resolution No. which authorizes the execution of the Amendatory Contract. Pursuant to your letter of September 21, 1994 please have the Amendatory Contracts executed and return one fully signed original to me for delivery to the Town. On behalf of the Town, I would like to emphasize that the execution by the Town of the Amendatory Contract in no way should be construed as a waiver of the Town's "permanent right to use annually 500 acre feet of water" as more fully set forth in Paragraph 1 of the contract between the United States and the Town of Estes.Park dated November 6, 1939. It is the position of the Town that 'the United States does not have the right at this time or in the future to deprive the Town of said "permanent right" as the Town has fully fulfilled all of the obligations of the Town under the terms and provisions of the 1939 contract. Page 2 However, the Town is executing the Amendatory Contract in order to enable the Town to take delivery of the 500 acre feet of Bureau water at its Mary's Lake Treatment Plan to insure that the users of the Town's water system have adequate water for the future. As you are aware, the Town was forced to rent additional water supplies during the summer of 1994 to allow the Town to meet its municipal obligations as the 500 acre feet of Bureau water was not available to the Town pursuant to the decision by the Bureau not to release said water without the execution of the Amendatory Contract. If you have any questions or need anything further, please do not hesitate to give me a call. Once again, on behalf of myself and the Town, I wish to thank you for your courtesy and cooperation in this matter. Sincerely, Gregory A. White GAW :jc Enclosure MEMORANDUM TO: Light and Power Committee Gregory A. White , 9-,Of- RE: Bureau of Reclamation/Amendatory Contract DATE: October 4, 1994 Accompanying this memorandum is the Amendatory Contract between the United States and the Town of Estes Park for interconnection of water systems. Also enclosed is a memo dated May 19, 1994 in which I explained the background concerning this matter. This memo is written to review the substantive points of the proposed Amendatory Contract and also set forth the Town's alternatives with regard to this matter. 1. AMENDATORY CONTRACT: The following is a discussion of the major points of the Amendatory Contract. Power Interference Charge: The Town agrees to pay a power interference charge for any of the 500 acre feet of Bureau water uaed through the Mary' s Lake Treatment Plant. Said power interference charge is based upon the cost of power during each year of the contract. The current power interference charge for 1994 is $24.25 per acre foot. This contrasts with the power interference charge of $2.25 per acre foot in the 1939 contract. Annual OM&R: The Town shall pay a proportionate share of the annual operation, maintenance and replacement cost of the joint facilities of the CBT project. Currently that charge is $5.28 per year per acre foot. The annual O&M charge in the 1939 contract is $0.25 per year per acre foot. Term of Contract. The term of this contract is for 25 years with a 25 year option to renew. The option to renew states that all terms and conditions of this contract are subject to negotiations prior to renewal excluding the annual water supply. This means that such items as amount of payment for power interference charge, 0&M costs and that type of matter can be renegotiated but the amount of the water, namely 500 acre feet, is not subject to renegotiation at the end of the 25 year period. At the end of.the renewal period (the second 25 years) the Town would have to negotiate a new contract. There is no assurance that the Town would be able to retain the 500 acre feet under acceptable terms and conditions after the fifty year period. . TOWN OF ESTES PARK TOTAL WATER PLANT PRODUCTION (CALENDER MONTH MINUS BLEEDERS) 1993 1993 1994 1994 MONTH YTD : MONTH YTD ~f 56 96 MONTH TOTAL TOTAL ' TOTAL TOTAL i CHANGE CHANGE (GAL.) (GAL.) (GAL.) (GAL.) (GAL.) (MONTH) (YTD) JANUARY 26,042,370 26,042,370: 26,254,900 26,254,900: 1% 1% FEBRUARY 21,131,280 47,173,6502 1 23,570,900 49,825,800: 12% 6% MARCH 26,485,160 73,658,810 25,802,800 75,628,600 -3% 3% APRIL 22,764,110 96,422,920> ] 25,339,400 100,968,000 11% 5% i MAY 40,059,420 136,482,340: { 41,750,328 142,718,328 4% 5% JUNE 54,127,530 190,609,87* 4 63,441,300 206,159,628 17% 8% JULY 71,039,000 261,648,870: 76,468,746 282,628,374 8% 8% AUGUST 62,554,600 324,203,470: 58,651,900 341,280,274 -6% 5% SEPTEMBER 42,196,410 366,399,880: 46,454,520 387,734,794 10% 6% OCTOBER 31,229,400 397,629,280> j NOVEMBER 23,165,000 420,794,280: . DECEMBER 28,057,300 448,851,580: 3 TOTAL 448,851,580 AC - FT 10,304 R2-4 t- r. Water Conservation Plan: The Amendatory Contract requires the Town to develop an "effective water conservation program" acceptable to the Bureau. This is a standard provision for new Bureau contracts and amended contracts. This will require considerable staff time for compliance. 2. TOWN OPTIONS. The following is a list of options: Execute this contract. The contract provides a reliable supply of the 500 acre feet for 25 years with an additional option of the Town for an additional 25 years subject to renegotiation of the terms and conditions, i.e., price for the water at that time. Also, at the end of the 50th year the Town could negotiate with the United States for a new contract concerning the 500 acre feet. Based upon past history, it is my opinion that at that time the Town would have a very good argument that it has used the 500 acre feet in its municipal water supply for approximately 100 years and most likely would be able to retain the use of the water for an additional contract period. Political Action. The Town could refuse to execute the contract and seek a political solution to this matter. Such solution would be contacting elected federal representatives, namely Senators Brown, Campbell and Representative Allard asking them if they would wish to sponsor legislation which would force the Bureau to recognize the original terms of the 1939 contract. At a minimum this would take at least two years to have this legislation drafted and passed, if the elected representatives are interested in carrying this type of bill through the federal system. There is no assurance that the legislators would be interested in carrying the bill, whether or not this type of special legislation would, in fact, be passed, and the amount of time and cost to the Town to propose and carry this project to fruition. Court Action. The Town could file a lawsuit in either Federal District Court or the Court of Claims stating that the Bureau of Reclamation has breached its contract with the Town and/or made a taking of the Town's water supply under the terms and conditions of the proposed Amendatory Contract. There is no guarantee in this option that, in fact, the Town would be able to prove either a breach of contract or a taking. The amount of time necessary to resolve this matter would be measured in years, and the cost would be substantial, Northern Colorado Water Conservancy District Action. The Town could ask the Northern Colorado Water Conservancy District to release the Bureau water into the Mary's Lake Treatment Plant. Since the District has control of the joint facilities, it is physically capable of this act. However, this would place the Conservancy District directly in opposition to the Bureau. This action may breach the Conservancy District's contracts with the Bureau including the Repayment Contract and the various Carriage Contracts. It is my opinion that the ' District would not look favorably upon this request. No Action. The Town elects not to execute the Amendatory Contract and wait to see if the general election in 1996 brings a change in administration and therefore a change in philosophy concerning these types of matters. There is no assurance that there will be a change in administration and even if there is, there would be a change in the philosophy that is currently in vogue in the Bureau of Reclamation. Also, waiting until 1996, the Town runs the risk of more unacceptable provisions being added to the contract in the interim and the necessity to rent additional water supplies. RECOMMENDATION: I, along with the Town staff, reluctantly recommend that the Town approve and execute the Amendatory Contract and transmit the same to the Bureau of Reclamation under the proposed cover letter attached to this memorandum. HAMMOND, CLARK AND WHITE LAW OFFICES BANK ONE BANK BUILDING, SUITE 418 LYNNA. HAMMOND 200 EAST SEVENTH STREET ALFRED P. DAVIS ROGER E. CLARK OF COUNSEL LOVELAND, COLORADO 8Â¤S37 GREGORY A.WHITE 303-667-1023 TELEFAX 303-669-9380 October 5, 1994 Bill Linnane Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Dear Bill: Enclosed please find a memorandum concerning the Amendatory Contract along with three original copies of the Contract. I believe that the memorandum is self explanatory. If you have any questions, please give me a call. Ver~ truly yours, Of . L-- .~_05~~ Greg~ry A. White GAW:jc / Enclosure a L' MEMORANDUM TO: Public Works Committee Town of Estes Park FROM: Greg White RE: Mary's Lake Treatment Plant-U.S. Bureau of Reclamation Tap Agreement DATE: May 19, 1994 HISTORY: In 1939, the Town of Estes Park and the United States of America, Department of the Interior entered into a contract, the purpose of which was for the Town to provide services to the United States which were necessary for the construction and maintenance of the Colorado-Big Thompson Project. The Town agreed to provide water supply, fire protection, and rights-of-way easements necessary to permit the construction, operation and maintenance of the project. In return, the United States granted to the Town the perpetual right to use 500 acre feet of water annually from the water supply of the project. The contract provided that the Town was to pay an annual charge for forty years of $1,000.00 for such water right, a perpetual charge of $2.25 per acre foot per annum for power interference and a maintenance charge of $.25 per acre foot per annum. Subsequent to the execution of this contract the Town provided a tap on the penstock above Lake Estes which provided access to the water supply for the Town's Big Thompson Water Treatment Plant. On October 12, 1970, the United States and the Town entered into a contract which provided that the Town, at its own expense, could install a water tap outlet at the Mary's Lake Gatehouse to permit connection with works of the Town for the future delivery of water to the Town. Said agreement was made in anticipation of future agreements to permit the Town to connect its water supply works to the tap for the future delivery of water to the Town. At the time of execution of this contract, the Town's water supply consisted of direct flow water rights in Fall River and Glacier Creek, the 500 acre feet of Bureau water and some limited units of Colorado-Big Thompson water. At the time of the execution of the agreement, it was contemplated that at the time the Town constructed a future water treatment plant at the site near Mary's Lake, some of its water supply, including the 500 acre feet of Bureau water, would be used through this tap. There was no mention in this agreement of any difference in the cost for power interference charges or maintenance charges for the transfer of the 500 acre feet of Bureau water from the Estes Park Power Plant Penstock to the Mary's Lake Gatehouse tap. In the early 1990 's, the Town designed, constructed and opened the Mary's Lake Treatment Plant for the purpose of providing increased treatment capacity for the Town's water system. Said treatment facility was built on property owned by the United States, pursuant to a license agreement with the United States through the Bureau of Reclamation. At the time of negotiation of said license agreement, it was contemplated by the parties that the 500 acre feet of Bureau water, CBT units owned by the Town, and the Town's Windy Gap water would be used in the Mary's Lake Treatment Plant andÂ· the Big Thompson Treatment Plant would be mothballed. In 1991 I wrote Mr. Felix Cook, Acting Project Manager of the Bureau of Reclamation requesting that the Town and the Bureau begin the process to amend certain provisions of the 1939 contract between the United States and the Town. (copy attached) On November 11, 1991, I wrote a follow-up letter to the current Project Manager, Jack Garner, requesting the same as the previous letter. (copy attached) On January 24, 1992, I wrote an additional letter requesting the same. (copy attached) Finally, on July 15, 1992, I met with Tom Gibbens of the Bureau to discuss the agreement. At that time the Bureau indicated it would be including a power interference charge for the entire system from Mary's Lake Power Plant through Flatiron Power Plant for the change of location for the new amended contract. At that time I expressed my concern that this was not contemplated by the parties and was totally unfair and uncalled for. In September of 1992, I received a draft Amendatory Contract from the Bureau of Reclamation. On October 27, 1992, I sent a memorandum commenting on the proposed draft Amendatory Contract. (copy attached) The main concern of the Town at that time was that the power interference charge only be $2.25 plus the charge for power interference which resulted in the bypassing of the Mary's Lake Power Plant. Nothing further was received from the Bureau concerning my comments. In the summer of 1993 myself and Larry Simpspn, General Manager of the.Northern Colorado Water Conservancy District, met with Jack Garner to discuss this matter. Mr. Garner informed us that he was under orders from Washington not to execute any Amendatory Contracts nor negotiate the same. On February 17, 1994 I received a letter which withdrew the proposed contract for further consideration by the Town. (copy attached) The letter went on to state that the Bureau would formulate a new Amendatory Contract for consideration, but until such time the Town could not take delivery of the Bureau water anyplace else than the Estes Park Penstock. Since the Big , Thompson Treatment Plant had been mothballed, this, of course, deprived the Town of the use of the water. Prior to this time, the B'ure au had informed the Conservancy District not to credit the Town with any of the 500 acre feet of water through* the Mary's Lake Gatehouse tap. On April 29, 1994 a new Amendatory Contract was sent to the Town. Said contract contained the same provisions that the Town had objected to at the first go-round in 1992. Also, the contract drastically changed the substantive provisions of the 1939 agreement. Instead of a perpetual right to use the 500 acre feet of water, the new contract provides for a 25 year license to use the water with the possibility of a renewal option for an additional 25 years subject to new terms and conditions at the time of said renewal. The letter went on to give the Town 30 days from April 29, 1994 to respond or the Bureau will assume that the Town has abandoned the 500 acre foot of water supply which will revert back to the United States. ADDITIONAL INFORMATION: 1. At my request, the Bureau has provided an estimate of the power interference charge for February, 1994 which is in the amount of $23.85 per acre foot and October 1, 1994 in the amount of $25.03 per acre foot. 2. The present value of 500 acre feet of this water is approximately $1,200,000.00. That is based upon a current purchase price of $1,500.00 for a CBT unit. 3. The Town has fulfilled all obligations of the 1939 agreement including the provision of water supply, fire protection, payment of the purchase price for the water, and granting of permanent and perpetual easements for the project. 4. At the present time, the cost of the Town to take an acre foot unit of Windy Gap water is approximately $46.00. Also, the Town can rent CRT water in the amount of $28.00 per acre foot on a per year basis. 5. The Town will continue to have to pay the proposed maintenance charges to maintain the 500 acre foot of Bureau water even if the water is not used. STAFF RECOMMENDATIONS: Authorization by the Public Works Committee for the Mayor to send the accompanying letter to the Bureau concerning this matter. HAMMOND, CLARK AND WHITE LAW OFFICES BANK ONE BANK BUILDING. SUITE 418 LYNNA. HAMMOND 200 EAST SEVENTH STREET ALFRED R DAVIS ROGER E. CLARK OF COUNSEL LOVELAND, COLORADO 8Â¤S37 GREGORY A.WHITE 303-667-1023 TELEFAX 303-669-9380 November , 1994 Mr. A. Jack Garner Area Manager Bureau of Reclamation 11056 West County Rd. 182 Loveland, CO 80537-9711 Subject: Amendatory Contract No. 4-07-60-W1075 with the Town of Estes Park (Town) to Replace Contract Nos. 0-07-70-W0021, 14-06-700-848, and 7-07-70-W0120 to Enable the Town to Take Delivery of Water at the Town's New Water Treatment Plant - Colorado Big-Thompson Project, Colorado Dear Mr. Garner: Enclosed please find three originals of the above referenced Amendatory Contract executed by the Town of Estes Park. Also, enclosed please find a certified copy of Resolution No. which authorizes the execution of the Amendatory Contract. Pursuant to your letter of September 21, 1994 please have the Amendatory Contracts executed and return one fully signed original to me for delivery to the Town. On behalf of the Town, I would like to emphasize that the execution by the Town of the Amendatory Contract in no way should be construed as a waiver of the Town's "permanent right to use annually 500 acre feet of water" as more fully set forth in Paragraph 1 of the contract between the United States and the Town of Estes Park dated November 6, 1939. It is the position of the Town that -the United States does not have the right at this time or in the future to deprive the Town of said "permanent right" as the Town has fully fulfilled all of the obligations of the Town under the terms and provisions of the 1939 contract. Page 2 However, the Town is executing the Amendatory Contract in order to enable the Town to take delivery of the 500 acre feet of Bureau water at its Mary's Lake Treatment Plan to insure that the users of the Town's water system have adequate water for the future. As you are aware, the Town was forced to rent additional water supplies during the summer of 1994 to allow the Town to meet its municipal obligations as the 500 acre feet of Bureau water was not available to the Town pursuant to the decision by the Bureau not to release said water without the execution of the Amendatory Contract. If you have any questions or need anything further, please do not hesitate to give me a call. Once again, on behalf of myself and the Town, I wish to thank you for your courtesy and cooperation in this matter. Sincerely, Gregory A. White GAW :jc Enclosure MEMORANDUM TO: Light and Power Committee FROM: Gregory A. White fer - RE: Bureau of Reclamation/Amendatory Contract DATE: October 4, 1994 Accompanying this memorandum is the Amendatory Contract between the United States and the Town of Estes Park for interconnection of water systems. Also enclosed is a memo dated May 19, 1994 in which I explained the background concerning this matter. This memo is written to review the substantive points of the proposed Amendatory Contract and also set forth the Town's alternatives with regard to this matter. 1. AMENDATORY CONTRACT: The following is a discussion of the major points of the Amendatory Contract. Power Interference Charge: The Town agrees to pay a power interference charge for any of the 500 acre feet of Bureau water used through the Mary's Lake Treatment Plant. Said power interference charge is based upon the cost of power during each vear of the contract. The current power interference charge for 1994 is $24.25 per acre foot. This contrasts with the power interference charge of $2.25 per acre foot in the 1939 contract. Annual OM&R: The Town shall pay a proportionate share of the annual operation, maintenance and replacement cost of the joint facilities of the CBT project. Currently that charge is $5.28 per year per acre foot. The annual 0&M charge in the 1939 contract is $0.25 per year per acre foot. Term of Contract. The term of this contract is for 25 years with a 25 year option to renew. The option to renew states that all terms and conditions of this contract are subject to negotiations prior to renewal excluding the annual water supply. This means tliat such items as amount of payment for power interference charge, 0&M costs and that type of matter can be renegotiated but the amount of the water, namely 500 acre feet, is not subject to renegotiation at the end of the 25 year period. At the end of .the renewal period (the second 25 years) the Town would have to negotiate a new contract. There is no assurance that the Town would be able to retain the 500 acre feet under acceptable terms and conditions after the fifty year period. Water Conservation Plan: The Amendatory Contract requires the Town to develop an "effective water conservation program" acceptable to the Bureau. This is a standard provision for new Bureau contracts and amended contract&. This will require considerable staff time for compliance. 2. TOWN OPTIONS. The following is a list of options: Execute this contract. The contract provides a reliable supply of the 500 acre feet for 25 years with an additional option of the Town for an additional 25 years subject to renegotiation of the terms and conditions, i.e., price for the water at that time. Also, at the end of the 50th year the Town could negotiate with the United States for a new contract concerning the 500 acre feet. Based upon past history, it is my opinion that at that time the Town would have a very good argument that it has used the 500 acre feet in its municipal water supply for approximately 100 years and most likely would be able to retain the use of the water for an additional contract period. Political Action. The Town could refuse to execute the contract and seek a political solution to this matter. Such solution would be contacting elected federal representatives, namely Senators Brown, Campbell and Representative Allard asking them if they would wish to sponsor legislation which would force the Bureau to recognize the original terms of the 1939 contract. At a minimum this would take at least two years to have this legislation drafted and passed, if the elected representatives are interested in carrying this type of bill through the federal system. There is no assurance that the legislators would be interested in carrying the bill, whether or not this type of special legislation would, in fact, be passed, and the amount of time and cost to the Town to propose and carry this project to fruition. Court Action. The Town could file a lawsuit in either Federal District Court or the Court of Claims stating that the Bureau of Reclamation has breached its contract with the Town and/or made a taking of the Town's water supply under the terms and conditions of the proposed Amendatory Contract. There is no guarantee in this option that, in fact, the Town would be able to prove either a breach of contract or a taking. The amount of time necessary to resolve this matter would be measured in years, and the cost would be substantial. Northern Colorado Water Conservancy District Action. The Town could ask the Northern Colorado Water Conservancy District to release the Bureau water into the Mary's Lake Treatment Plant. Since the District has control of the joint facilities, it is physically capable of this act. However, this would place the Conservancy District directly in opposition to the Bureau. This action may breach the Conservancy District's contracts with the Bureau including the Repayment Contract and the various Carriage Contracts. It is my opinion that the District would not look favorably upon this request. No Action. The Town elects not to execute the Amendatory Contract and wait to see if the general election in 1996 brings a change in administration and therefore a change in philosophy concerning these types of matters. There is no assurance that there will be a change in administration and even if there is, there would be a change in the philosophy that is currently in vogue in the Bureau of Reclamation. Also, waiting until 1996, the Town runs the risk of more unacceptable provisions being added to the contract in the interim and the necessity to rent additional water supplies. RECOMMENDATION: I, along with the Town staff, reluctantly recommend that the Town approve and execute the Amendatory Contract and transmit the same to the Bureau of Reclamation under the proposed cover letter attached to this memorandum. Contract No. 4-07-60-W1075 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Colorado-Big Thompson Project, Colorado AMENDATORY CONTRACT BETWEEN THE UNITED STATES AND THE TOWN OF ESTES PARK FOR INTERCONNECTION OF WATER SYSTEMS THIS AMENDATORY CONTRACT, made this day of , 19-- , pursuant to the Act of June 17, 1902 (32 Stat. 388), and acts amendatory thereto and supplementary thereof, particularly the Act of August 9, 1937 (50 Stat. 564, 592, 595), hereinafter referred to as the Federal Reclamation Laws, between THE UNITED STATES OF AMERICA, hereinafter referred to as the "United States," represented by the Contracting Officer executing this Contract, and the TOWN OF ESTES PARK, a municipal corporation organized and existing under the laws of the State of Colorado, hereinafter referred to as the "Town" or "Contractor." WITNESSETH: WHEREAS, the following statements are made in explanation: EXPLANATORY RECITALS 1. The United States has constructed the Colorado-Big Thompson Project in the State of Colorado, for the development and use of the waters of the Colorado and Big Thompson Rivers for irrigation, municipal, industrial, hydropower generation, and other beneficial purposes. 2. The United States and the Town have entered into Contract No.0-07-70- W0021 (formerly I2r-11555) dated November 6, 1939, Contract No. 14-06-700-6855, dated October 12, 1970, and Contract No. 7-07-70-W0120 (formerly 14-06-700-8488) dated September 24, 1976, as amended September 8, 1977, hereinafter referred to as the "existing contracts," relating to the United States furnishing the Town 500 acre-feet of municipal water annually; construction of a water delivery connection to the Town's water system at the Estes Powerplant Penstocks for delivery of the 500 acre-feet of water; payments to be made by the Town in connection therewith; the Town furnishing the United States domestic water service for its Federal project facilities; the respective related facilities to be constructed, operated and maintained by the United States and the Town; fire protection to be provided the United States by the Town; perpetual easements to be furnished by the Town for facilities to be constructed by the United States; proposed modifications to Federal project facilities for the future relocation of the point of connection for the Town's municipal water system; and other related terms, conditions and provisions as set forth therein. 3. As provided in the existing contracts, in anticipation of future water deliveries, the Town has constructed and now desires to operate a second connection for its municipal water system at the Mary's Lake Powerplant Gatehouse structure and, to continue to utilize its original connection at the Estes Powerplant Penstocks. 4. Since execution of the existing contracts, circumstances relative to the interconnection of the Town's water system, furnishing of rights-of-way for construction of Project facilities, the furnishing of fire protection and 2 domestic water service to Project facilities, and other provisions set forth in the existing contracts have changed and the parties now desire to consolidate, supersede and replace the existing contracts. 5. It is the purpose of this Amendatory Contract to: (1) reflect completion of construction of the Colorado-Big Thompson Project facilities; (2) recognize that construction of the connection to the Town's water system at the Mary's Lake Gatehouse, as contemplated by the existing contracts, has been completed; (3) provide for the Town's continued use of its existing connection at the Estes Powerplant Penstocks; (4) provide for payments for power interference for the Town's water system connection at the Mary's Lake Gatehouse; (5) delete the existing provision requiring the Town to furnish domestic water service to Project facilities and recognize that the United States has obtained domestic water service as a municipal customer of the Town on the same terms and conditions and at the same rates as its other municipal customers; (6) delete the provision concerning the Town furnishing of fire protection to Project facilities and allow such protection to be provided under the Town's applicable policies and procedures for furnishing such protection; and, (7) delete, amend, or modify provisions in the existing contracts, or include additional provisions in this Amendatory Contract, as necessary, to reflect current operational circumstances and contractual developments which have occurred since execution of the existing contracts. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, it is hereby agreed: 3 DEFINITIONS 1. Where. used in this Contract, unless otherwise expressed or incompatible with the intent hereof, the term: a. "Secretary" shall mean the Secretary of the Interior" or his duly authorized representative. b. "Contracting Officer" shall mean the Secretary of the Interior or his duly authorized representative. c. "Project" shall mean the Colorado-Big Thompson Project, Colorado. d. "Year" shall mean the period beginning on January 1 and ending on the following December 31. e. "Annual Water Supply" shall mean the 500 acre-feet of municipal water the Town receives during the 12-month period November 1 through October 31 from the Project facilities in accordance with Article 25 of Contract No. 9-07- 70-W0020 between the United States and the Northern Colorado Water Conservancy District. f.- "Water Supply System" shall mean the facilities owned, operated, and maintained by the Town for delivery of municipal water. 4 g. "Operation and Maintenance (0&M) Costs" shall mean the expenditures incurred in the operation and maintenance of the Project facilities to the extent and for the purposes for which it was originally authorized and constructed. h. "Replacement Costs" shall mean the expenditures required to remedy the conditions brought about by the ordinary use of the Project facilities or to restore or replace components of the existing Project but shall not include expenditures to expand or increase the purposes for which the Project was authorized and constructed. i. "Annual OM&R" shall mean the operation and maintenance and replacement during the 12-month period October 1 through September 30. SCOPE 2. The existing contracts are hereby replaced in their entirety by this Amendatory Contract. TERM OF CONTRACT 3. a. This Amendatory Contract becomes effective on the date of execution and shall remain in effect for a period of 25 years thereafter unless terminated sooner in accordance with the provisions of Article 9. 5 b. The contractor shall have the option to renew this contract for an additional term.of 25 years by written request to the contracting officer two (2) years prior to expiration of this contract and mutual agreement of the parties hereto. Prior to renewal of this contract, all terms and conditions, excluding the Annual Water Supply as defined in Article 1.e. will be renegotiated by the i parties hereto subject to applicable Federal and State laws and Reclamation policy in effect or as established by the Secretary of the Interior at that tima. DELIVERY OF TOWNS WATER SUPPLY 4. a. The Annual Water Supply provided to the town pursuant to this contract shall be delivered at the points of connection located at the Estes Powerplant penstocks or the Marys Lake Powerplant Gatehouse, at such times and flow rates requested by the Town, and shall be measured by the Town utilizing equipment owned, operated, and maintained by the Town. Such delivery shall be limited by the capacity of the water supply connections and the Town's Water Supply System. b. The United States will not be responsible for the control, carriage, use, handling, or distribution of water delivered to the Town beyond the points of delivery and the Town shall hold the United States harmless from and against all claims, demands, and causes of action on account of property damage, personal injury, or death resulting from the control, carriage, use, handling, or distribution of water delivered to the Town. The parties to this 6 agreement understand and agree that the Town is relying on, does not waive, by any provisions of this agreement, the monetary limitation or terms, or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101 et seq., C.R.S., as from time to time amended or otherwise available to the Town or any of its officers, agents, or employees. c. The Town will not be responsible for the storage, carriage, or delivery of water or in the operation and maintenance of the project facilities and the United States shall protect, indemnify and hold the Town harmless from and against all claims, demands and causes of action of any nature whatsoever resulting from or in any manner connected with the storage, carriage, or delivery of water in or the operation and maintenance of the Project facilities within the limits of the Federal Tort Claims Act (28 U.S.C. 2671-2680). PAYMENTS FOR WATER SUPPLY 5. The Town shall pay the United States the following charges for the annual water supply to be furnished hereunder: a. The Town's 40-year construction cost repayment obligation to the United States for the Annual Water Supply furnished pursuant to this Contract was complete on December 31, 1992. b. A charge for power interference as follows: (1) for each acre- foot of the Annual Water Supply diverted at the Estes Powerplant Penstocks, said 7 charge shall be the product of the energy component of the Loveland Area Power Rate of the Western Area Power Administration and the average kwh per acre-foot as determined by the Contracting Officer for power generation at the Estes, Pole Hill, and Flatiron Powerplants, and (2) for each acre-foot of the annual water supply diverted at Mary's Lake Powerplant Gatehouse, said charge shall be the product of the energy component of the Loveland Area Power Rate of the Western Area Power Administration and the average kwh per acre-foot as determined by the Contracting Officer for power generation at the Mary's Lake, Estes, Pole Hill, and Flatiron Powerplants. c. A proportionate share of the actual Annual OM&R costs of the Project's joint facilities used to provide, store, carry, or deliver the Town's Annual Water Supply. Said facilities shall include Green Mountain Dam and Reservoir; Granby Dam and Reservoir, Granby Pumping Plant, and Granby Pump Canal ; Willow Creek Dam and Reservoir, Willow Creek Pumping Plant, and Willow Creek Canal; Shadow Mountain Dam and Reservoir; Alva B. Adams Tunnel; East Portal Reservoir; Aspen Creek Siphon; and Ram's Horn Tunnel. The Annual OM&R charge shall be the product of one-half the Annual -OM&R costs for the facilities listed above divided by the total amount (acre-feet) of water conveyed through the Alva B. Adams Tunnel during the 12-month period of November 1 through October 31 and the Annual Water Supply (1 [Tot OM&R + Tot AF x 500 AF]). The Annual OM&R charges will be based on estimates furnished by the Contracting Officer. In the event the estimated Annual OM&R costs are less than the actual Annual OM&R cost, or whenever it is determined by the Contracting Officer that a deficit will occur in the Annual OM&R,. the Contracting Officer may bill the Town for additional payment for the amount of the deficiency. In the event the estimated Annual OM&R 8 costs exceed the actual Annual OM&R costs, the excess will be carried forward and applied as a credit to the next Annual OM&R payment. d. The annual payments required herein shall become due and payable on or before December 31 of each year of the term of this Amendatory Contract. e. Payments shall be made to a certain bank by a medium specified by the Contracting Officer, or by check to a certain lock box, or by wire transfer to the United States Treasury, or to such other locations and by such other methods as the Contracting Officer may specify and as are readily available to the Town for its use. OPERATION AND MAINTENANCE OF WATER SUPPLY WORKS 6. a. Notwithstanding that all works constructed on the Estes Powerplant penstocks and on United States right-of-way including all valves, meters, meter vault, and pipeline, except all pipelines beyond the meter vault, shall be and remain a part of the Project works, the Town shall be responsible for operation, maintenance, and replacement of such works at the sole expense of the Town. b. Notwithstanding that the water tap outlet at the Mary's Lake Gatehouse, including a 24-inch-diameter steel sleeve, flanges, bolts, gaskets, and regulating valve, shall be and remain a part of the Project works, the Town shall be responsible for operation, maintenance, and replacement of such works at the sole expense of the Town. 9 RIGHT-OF-WAY EASEMENTS 7. The Town has granted perpetual right-of-way easements to the United States for construction of Project facilities and all contemplated construction has been completed by the United States. The United States shall have the right to continued perpetual use of such right-of-way easements until they are formally relinquished or abandoned by the United States. WATER SHORTAGES OR INTERRUPTIONS IN SERVICE 8. The Contracting Officer will use all reasonable means to prevent a condition of shortage or interruption in the Annual Water Supply available to the Town: However, should shortages or interruptions occur, in no event shall any liability accrue against the United States or any of its officers, agents, or employees for any damage, direct or indirect, arising out of such shortages or interruptions. The United States will periodically provide a copy of the schedule for water conveyance through the Alva B. Adams Tunnel to the Town and notify the Town, by telephone, of any unscheduled operational interruptions or outages that may exceed three (3) consecutive days. 10 TERMINATION OF CONTRACT 9. a. This Amendatory Contract may be terminated at any time by mutual agreement of the Parties hereto. b. The Town may terminate this Amendatory Contract on December 31 of any year by giving written notice to the Contracting Officer at least 60 days prior to that date. c. This Amendatory Contract may be terminated and the Annual Water Supply provided hereunder shall cease at the option of the United States upon failure of the Town to make payments as required by this Amendatory Contract, or upon failure to abide by any lawful notice, order, or final administrative or judicial determination that the Town has violated a rule or regulation of the United States or the State of Colorado directly relating to and affecting the Annual Water Supply provided hereunder; Except, that this Amendatory Contract may not be terminated unless such failure continues 60 days after the United States gives the Town written notice of such failure. ENVIRONMENTAL COMPLIANCE 10. Compliance with the National Environmental Policy Act (NEPA) for this Amendatory Contract is documented by an Environmental Assessment (EA No. E-400- 90-3) and a Findings of No Significant Impact (FONSI No. E-400-90-3). 11 ASSIGNMENT OF CONTRACT 11. No assignment or transfer of this Amendatory Contract or any rights or interests herein shall be valid until approved in writing by the Contracting Officer. NOTICES 12. Any notice, demand, or request authorized or required by this Amendatory Contract shall be deemed to have been given on behalf of the Town when mailed postage paid or delivered to the Regional Director, Great Plains Region, Bureau of Reclamation, P.O. Box 36900, Billings, Montana 59107-6900, and on behalf of the United States when mailed postage prepaid or delivered to the Town Admihistrator, Town of Estes Park, P.O. Box 1200, Estes Park, Colorado 80517. STANDARD CONTRACT ARTICLES 13. The standard contract articles applicable to this Amendatory Contract are listed below. The full text of these standard articles is attached as Exhibit A and is hereby made a part of this Amendatory Contract by this reference. A. Charges for Delinquent Payments B. General Obligation--Benefits Conditioned Upon Payment 12 C. Contingent on Appropriation or Allotment of Funds D. Officials not to Benefit E. Books, Records, and Reports F. Rules, Regulations, and Determinations G. Quality of Water H. Water and Air Pollution Control I. Water Conservation J. Equal Opportunity K. Compliance With Civil Rights Laws and Regulations L. Uncontrollable Forces 13 IN WITNESS WHEREOF, the parties hereto have executed this contract supplement as of the day and year first above written. THE UNITED STATES OF AMERICA By Regional Director Great Plains Region Bureau of Reclamation TOWN OF ESTES PARK By Title NORTHERN COLORADO WATER CONSERVANCY DISTRICT By Title 14 ACKNOWLEDGEMENT STATE OF ) ) SS. COUNTY OF ) On , 19-, before me, appeared , the person(s) whose name(s) (is)(are) subscribed to the within instrument and known to me to have executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year in this acknowledgment first above written. (SEAL) Notary Public My commission expires: 15 EXHIBIT A Contract No. 4-07-60-W1075 STANDARD ARTICLES A. CHARGES FOR DELINQUENT PAYMENTS 1. The Contractor shall be subject to interest, administrative and penalty charges on delinquent installments or payments. When a payment is not received by the due date, the Contractor shall pay an interest charge for each day the payment is delinquent beyond the due date. When a payment becomes 60 days delinquent, the Contractor shall pay an administrative charge to cover additional costs of billing and processing the delinquent payment. When a payment is delinquent 90 days or more, the Contractor shall pay an additional penalty charge of 6 percent per year for each day the payment is delinquent beyond the due date. Further, the Contractor shall pay any fees incurred for debt collection services associated with a delinquent payment. 2. The interest charge rate shall be the greater of the rate prescribed quarterly in the Federal Register by the Department of the Treasury for application to overdue payments, or the interest rate of 0.5 percent per month prescribed by section 6 of the Reclamation Project Act of 1939 (Public Law 76- 260). The interest charge rate shall be determined as of the due date and remain fixed for the duration of the delinquent period. 3. When a partial payment on a delinquent account is received, the amount received shall be applied, first to the penalty, second to the administrative charges, third to the accrued interest, and finally to the overdue payment. B. GENERAL OBLIGATION--BENEFITS CONDITIONED UPON PAYMENT 1. The obligation of the Contractor to pay the United States as provided in this contract is a general obligation of the Contractor notwithstanding the manner in which the obligation may be distributed among the Contractor's water users and notwithstanding the default of the individual water users in their obligations to the Contractor. 2. The payment of charges becoming due hereunder is a condition precedent to receiving benefits under this contract. No water will be made available to the Contractor from project facilities during any period in which the Contractor may be in arrears in the advance payment of any operation and maintenance charges due the United States or in arrears for more than 12 months in the payment of any water rates due the United States. The Contractor shall not furnish water made available pursuant to this contract for lands or parties which are in arrears in the advance payment of operation and maintenance or toll charges or in arrears more than 12 months in the payment of water rates as levied or established by the Contractor. A-1 C. CONTINGENT ON APPROPRIATION OR ALLOTMENT OF FUNDS The expenditure or advance of any money or the performance of any obligation of the United States under this contract shall be contingent upon appropriation or allotment of funds. Absence of appropriation or allotment of funds shall not relieve the Contractor from any obligations under this contract. No liability shall accrue to the United States in case funds are not appropriated or allotted. D. OFFICIALS NOT TO BENEFIT No Member of or Delegate to Congress, Resident Commissioner, or official of the Contractor shall benefit from this contract other than as a water user or landowner in same manner as other water users or landowners. E. BOOKS, RECORDS, AND REPORTS The Contractor shall establish and maintain accounts and other books and records pertainiftg to administration of the terms and conditions of this contract, including: the Contractor's financial transactions, water supply data, project operation, maintenance and replacement Â·logs, and project land and right-of-way use agreements; water-use data; and other matters that the Contracting Officer may require. Reports thereon shall be furnished to the Contracting Officer in such form and on such date or dates as the Contracting Officer may require. Subject to applicable Federal laws and regulations, each party to this contract shall have the right during office hours to examine and make copies of each other party's books and records relating to matters covered by the contract. F. RULES, REGULATIONS, AND DETERMINATIONS 1. The parties agree that the delivery of water or the use of Federal facilities pursuant to this contract is subject to Reclamation law, as amended and supplemented, and the rules and regulations promulgated by the Secretary of the Interior under Reclamation law. 2. The Contracting Officer shall have the right to make determinations necessary to administer this contract that are consistent with the expressed and implied provisions of this contract, the laws of the United States and the State, and the rules and regulations promulgated by the Secretary of the Interior. Such determinations shall be made in consultation with the Contractor. G. QUALITY OF WATER The operation and maintenance of project facilities shall be performed in such manner as is practicable to maintain the quality of raw water made available through such facil ities at the highest level reasonably attainable, as determined by the Contracting Officer. The United States does not warrant the quality of water and is under no obligation to construct or furnish water treatment facilities to maintain or better the quality of water. A-2 H. WATER AND AIR POLLUTION CONTROL The Contractor, in carrying out this contract, shall comply with all applicable water and air pollution laws and regulations of the United States and the State of Colorado, and shall obtain all required permits or licenses from the appropriate Federal, State, or local authorities. I. WATER CONSERVATION Within 18 months of the delivery of water provided from or conveyed through federally constructed or federally financed facilities pursuant to this contract, the Contractor shall develop an effective water conservation program acceptable to the Contracting Officer. The water conservation program shall contain definite water conservation objectives, appropriate economically feasible water conservation measures, and time schedules for meeting those objectives. At subsequent 5-year intervals following the acceptance of the Contractor's program, the Contractor shall submit. a report on the results of the program to the Contracting Officer for review. Based upon the conclusions of the review, the Contracting Officer and the Contractor shall consult and agree to continue or to revise the existing water conservation program. J. EQUAL OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including - apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination cl ause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without discrimination because of race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Contracting Officer, advising the said labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. A-3 4. The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by said amended Executive Order and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the Contracting Officer and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the such rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in said amended Executive Order, and such other sanctions may be imposed and remedies invoked as provided in said Executive Order, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the provisions of paragraphs 1. through 7. in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of said amended Executive Order, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. K. COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULATIONS 1. The Contractor shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), Section 504 of the Rehabilitation Act of 1975 (Public Law 93-112, as amended), the Age Discrimination Act of 1975 (42 U.S.C. 6101, et seq.), and any other applicable civil rights laws, as well as with their respective implementing regulations and guidelines imposed by the United States Department of the Interior and/or the Bureau of Reclamation. 2. These statutes require that no person in the United States shall, on the grounds of race, color, national origin, handicap, or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving financial assistance from the Bureau of Reclamation. By executing this contract, the Contractor agrees to immediately take any measures necessary to implement this obligation, including permitting officials of the United States to inspect premises, programs, and documents. A-4 3. The Contractor makes this agreement in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property discounts, or other Federal financial assistance extended after the date hereof to the Contractor by the United States, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Contractor recognizes and agrees that such Federal assistance will be extended in reliance on the representations and agreements made in this article, and that the United States reserves the right to seek judicial enforcement thereof. L. UNCONTROLLABLE FORCES Neither party shall be considered to be in default in respect to any obligation hereunder, if prevented from fulfilling such obligation by reason of uncontrollable forces, the term "uncontrollable forces" being deemed, for the purpose of this contract, to mean any cause beyond the control of the party affected, including, but not limited to, drought, failure of facilities, flood, earthquake, storm, lightning, fire, epidemic, war, riot, civil disturbance, labor disturbance, sabotage, and restraint by court or public authority, which by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligation by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. A-5 AGENDA Public Works Committee September 22, 1994 9:30 A.M. 1. Sleepy Hollow Subdivision Right-of-Way Condemnation Request -~='3.~ Carriage Hills, 7th Filing Resident request to landscape outlot green space at owner's expense Reports: 1. Customer Service Response 2. Monthly Water Report 3. Lake Estes Path Update 4. Water Conservation Kits Update 5. 1994 Water Leases and Augmentation Plan Update 6. Highway 7 and Highway 36 Projects Update NOTE: The Public Works Committee reserves'the right to add or delete items from the agenda as necessary. . 1 SEP 1 3 1994 i 6 & w 0 3 i Roe 9/13 . .t September 13, 1994 Mr. Gary Klaphake & Town of Estes Park Board of Trustees 170 MacGregor Ave. P.O. BOX 1200 Estes Park, CO 80517 Dear Mr. Klaphake: I am formally requesting the Town of Estes Park Board of Trustees to take the necessary steps to provide a public right-of-way to 48 acres * also known as the proposed Sleepy Hollow Subdivision Estes Park, CO. Additional information regarding subject property can be obtained from Mr. Kerry Prochaska, P.E., Rocky Mountain Consultants, Inc. who has been working with me to develop the property. I've worked in a neighborly, caring manner to respect the rights of my adjacent property owners, develop the land and have paid considerable land taxes for schools, police, fire, etc., since purchasing the land in the lelte 1970's. After numerous attempts to obtain an easement, purchase a right-of- way, or secure uncontested access to my property the following people or institutions have said no to my request. A. Longmont Title Company and Transamerica Title Company - no title policy without questionable access. R. Mr. Toby Farrell - Past Owner, Ponderosa Lodge C. Mr. Mike Wallace - Present Owner, Blackhawk Lodge D. Mr. & Mrs. Carter - Past Owners, Blackhawk Lodge E. Mr. James Tawney - Present Owner, Ponderosa Lodge F. Mr. & Mrs. Mike Harris - Lot 5, Replat of Lot 1, Homestead Subdivision After careful consideration of feasible access to my property, I believe access would best be served by a fifty foot right-of-way from the Northerly property line of my land through Lot 5 of the Replat of Lot 1, Homestead Subdivision. This alignment follows closely the old Fall River Road. This request is based on the number of people impacted by a roadway, description of business and commercial livelihoods, plus potential injury suits for all citizens and existing access to Highway 34, to name a few positive, points. 1-1 . Thank you for your consideration of my request and-I am available by callingÂ·me at (512)867-0243 or writing to: Gary D. Connely 2002 RR 620 SO Austin, TX 78734. S~-'mar(~y, ~ 4 U \ 1 AD-*1 *31 6. Gay'y D. Connely GDC/mas 1-2 , t 61 Apl- Eli. HARDEN, SCHMIDT, HASS, HAAG & HALLBERG, P.C. 1 ATTORNEYS AT LAW 203 FIRST NATIONAL BANK BUILDING. P.O. BOX 3018. ESTES PARK COLORADO 80517 TELEPHONE (303) 586-4474 TELEFAX (303) 586-2357 V. Rodney Hallberg Ralph B. Harden September 15, 1994 H. Ted Schmidt. Jr. George H. Ham Jeannine S. Hoag Marla R. Hehn Michael A. Abrams. 11 Daniel C. Muffly Unda K. Dahn Mr. Stephen L. Stamey Director Community Development Dept. Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Re: Preliminary Plat, Sleepy Hollow Subdivision Dear Mr. Stamey: Please be advised that this office represents Mr. and Mrs. Michael Harris who are the owners of Lot 5, Replat of Lot 1, Homestead Subdivision, Larimer County, Colorado. My clients have been advised of the proposed development and of the questions concerning access from the public roadway to the property in question. Part of this information consists of the possibility that the Town of Estes Park may be considering condemnation of a portion of Homestead Subdivision which possibly could include my clients' lot. In either event my clients consider that their interest in their home and in the subdivision would be severely affected by any such proceeding. Therefore, the Town of Estes Park should take notice that my clients will vigorously oppose any attempt to condemn any portion of the Homestead Subdivision and in particular any part of Lot 5, for roadway or access to the property of the applicant. It is my clients' position that such condemnation would not be for a public purpose. The Town should also be well advised that any such roadway would seriously affect fair market value of my clients' property and that substantial damages may be involved. Thank you for making this letter a part of the file. Ve,y 409 yours, F Z/01 Â· r-*tm,+00-112&-a Cllign- 4~ V. R~dn~/ HiLibergr ~ VRH/mp cc: Michael and Carolyn Harris ~ Fort Comns Office Ninth Floor. First Tower Building. P.O. Box 1606. Fort Collins. Colorado 80522 Telephone (303) 482-7777 Telefax (303) 482-8084 1-3 FORD PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission - July 19, 1994 - Page 4 3.B. Preliminary Plat. Sleepv Hollow Subdivision. Fall River Road (west of Trails West and Black Hawk Lodges. Garv D. Connellv/Applicant. Commissioner Pohl reported that while conducting a site inspection, conversation was held with adjacent property owners Mike Wallace/Black Hawk Lodge and Jeff Barker/Trail West--this discussion will not influence the decision-making process. The proposed subdivision consists of 10 single family lots, a 14.7 acre open space outlet, and a 17.7 acre open space outlot. Commissioner Brown stated that he was aware of the contested access to this site. Applicant's representative Kerry Prochaska advised that the Applicant is preparing an access easement with Messrs. Wallace and Barker; status of the existing single-lane bridge was also reviewed, and Mr. Prochaska added that the Applicant is considering an electric gate on the west side of said bridge. Staff confirmed that single-lane bridges have not recently been approved. Additional discussion included: was consideratfon given to an alternative access possibly from the north; if an electric gate is installed, how will emergency vehicles gain access; and a suggestion that a "vicinity map" be included in future plat submittals. Director Stamey reviewed the staff report and acknowledged correspondence received from RMNP dated 7/15/94 and James Tawney/Ponderosa Lodge dated 7/17/94. RMNP supports the subdivision concept; Mr. Tawney expressed concerns with the development due to access and the restricted area. Comments from the audience were heard from: Mike Wallace/Black Hawk Lodge who stated he preliminarily supported an access easement; however, should the Town determine the access is a public road, his business would be negatively impacted due to limited customer parking (currently exists) and land availability/setback. Jim Tawney reiterated concerns expressed in his 7/17/94 letter. Mike Harris, owner of Lot 5, Summerset Subdivision presented a copy of his plat and stated the access road to the north which is in question is no longer a road or public access--it has been adjudicated and is now his private driveway. Mr. Harris also expressed concern with drainage and soil erosion occurring on his property. Continued on Page 5 1-4 FORD PUBLISHINGCO. RECORD OF PROCEEDINGS Planning Commission - July 19, 1994 - Page 5 % Mr. Prochaska concurred with Mr. Harris that the access road has been vacated. Commissioner Brown commented that as access is the prime consideration and such has yet to be determined and/or clarified, the Applicant has not met subdivision requirements. Mr. Prochaska stated that access is available; however, an easement has not been negotiated nor acquired. Jeff Barker advised that he is willing to grant an easement, however, he will not grant any additional property to the Applicant. Based upon the access issue which is unclear at this time (and a desire that the access issue be resolved "once and for all"), and protection of the public, it was moved and seconded (Brown/A. Hix) the Preliminary Plat of Sleepy Hollow Subdivision be continued to August 16, 1994, adding that the Commission will require the minimum 24' width for the access and bridge, and it passed unanimously. There being no further business, Chairman Sager adjourned the meeting at 11:20 A.M. o uu 0.0Â»na,J Vickie O'Connor, CMC, Town Clerk 1-5 FORDPUILIeHINGCO. RECORD OF PROCEEDINGS **REVISED Item 2.D. Planning Commission Brookside Sub. - add, "finding" to motion. August 16, 1994 Commissioners: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, Gary Cooper, Alma Hix, Edward Pohl and David Thomas Attending: Chairman Sager, Commissioners Burgess, Cooper, A. Hix, and Pohl Also Attending: Community Development Director Stamey, Deputy Clerk Kuehl Absent: Commissioners Brown and Thomas Chairman Sager called the meeting to order at 9:30 a.m. 1. MINUTES. Minutes of the July 19, 1994 were approved as submitted. 2. SUBDIVISIONS. 2.A. Preliminary Plat, Sleepy Hollow Subdivision. Fall River Road. Gary D. Connelly/Applicant. (Continued from July 19. 1994.) Due to unresolved easement issues, Kerry Prochaska, Applicant's representative, requested action on this plat be continued to the next meeting. The site is served by an existing travelled way from Highway 34, through the Trails West and Blackhawk properties. Mr. Wallace, Blackhawk Lodges, requested a 100% guarantee that the Town would not change this easement, which is his parking area, to a right-of-way. Public Works Director Linnane explained that, in general, the Town would only pursue a right-of-way at the request of the property owners. Jim Tawney, Ponderosa Lodge, stated that he owns the northern half of the roadway, and he has not been contacted by Mr. Connelly. It was moved and seconded (A. Hix- Burgess) the Preliminary Plat of Sleepy Hollow Subdivision be continued to September 20, 1994, and that approval of this motion does not indicate approval of the future submittal of the preliminary plat, and it passed unanimously. 1-6 . t . July 26, 1994 Tbwn Of Estes Park P.O. Box 1200 Estes Park, 00 80517 Attn: Bill Linnane, Director, Public Works Dear Bill, My neighbors here on Baldpate Ct., and myself, are interested in planting some bushes and smaller treesalong the property line and to10 ft. south of said line that borders The Mountain Tech. Center property. The purpose is to help divide the Business Property from residential property using 10 ft. of ouylot "C" according to the drawings attached. Letters of approval from the Utility companys are enclosed. We plan to work with your representative if required. We Would appreciate your answer at your earliest convenience. Thank You. Cosdially _f' J/ - J A 314 ' 25-64 ---(9.4 16*v An Floydc/anith 2-1 1 1 ... . 1 . 6 t.-1.:.... ..... . â€ž , rl-ip+-i 1,-4:fli :Â· N . -1 I ...0 - A . I . . . .1.. hw. 1 . , 1â€ž GIrl .1.1. , 1 - I . : m - 0, 17'r '. 60 . . 1 0 ..... . . / U 4 1/ ... I . ' 4.- ~ i i , I 1 r..e- 1 1 '. 11 1---- 1 1-2- 1, . 0 , I ' LE :-/ 0-0 1-7127--Â·Â· k.--:--a,I- . %-----r------1 . 1 1 1 r . 1 D . ..'. 1 -lAT 5%.1/ 1 t . I . I .... b , 1...1-n .. : C fy . , * ,/ '- - / S 5 f lh-Â·Â·t-1 1 , 6. i 11 i.â€¢i 1 7-. ~ -'~'~~44~,L"1+46'_vul f.. .....4\ ~ = = -9,1 -1-1 I L. . . . . , -11*WIT" '. .. 1.VATE.~ 0 2. . ..i.Cl:.AN.UN Â· ~Â· 0/-1 ... ...7 S , .1'. / 1 0.-- 0, i :->ple-1-n Â· \~3, .f--=233â€ž-Ir ~ 4 'I ADO,noN ' 0 0 1 " 1 /1 V %1-,1-4---1: , I ...31 . 4 - ......../:t. , 1 5, 1 I. .4 ..... . 1 . 0. . 7ET;17 - -4 tuft " 1 ..../ Â£.",i â€¢ , 1,1 , 1,0 1 1,1.,1.4.1 , t-114-1 .. ' I . , , 1 . .... -1."1 vIEW AU.(0_ .. . .,1. 1 92121 " 1 -% 1 Pia. ... f--4 --to ' I. .. 4 ..... 1.--: --1 : /1 4 /2-1 \ 4 - ' -- -- S ./ / - 3. 'â€¢ , .... J -- . ..L. , 1.1 71-- ...,64 79 y -. . I .1 1 1 m. ,......... , 1 . / acâ€¢cil â€¢câ€¢,~ i =11 / ~-:: 141, "J ' N. / 1 . . 11 . . . 1 7 " 00 00 - ./. 1. .i.j. fi, i y i 31 32 . I . 'â€¢ "JA I . ./ .W . , r." . I. , . 1.1 . .. . 1 0 1. . 4, 1.. ' - -. ..TIL. 424..dlj'a.,2 , a. S, 10 .4 . r- . I . 1 w /,-r- 0 : -I.. . 1. 0. â‚¬. . ... 8 |A/~ I . / -4. LocAn,1 oF ... -1- -7 1. ... â€ž" ,. 7,070 629 - ./ UPLANI S AT 2/ in . ' '. . C -- , 0. - - -- -68#81*pUL__. - .' 7 . 4- /5.1 6.,1 ...6. 'BauÂ« . / .1 1. 1. / 1. 0 .. . .1 + â‚¬ 0 . 1, ........'. FISH , - CREEK . D. 0. 1. - . . 1 1. . , 1. . V . 0, , 1, 0 0 . .. . - ,0 . 1. . I. . . r . - ...7 1, 1. . I. .. P , â€ž . . . . .. . 1. - . .. " I 1. . 1 . I .1 7 0 1, 0. . e ./ ..'.., . 1 . I ..... .. 0 . . ...5. I . .. I . I- -- '. .. 1/.i I i,â€¢ i, D. - â€¢ 1 ' I ' ' lA .- 1 ' . .. . 1 1 . . . .. ./ 0. 1 .... ... '1 7 â€ž ./1, S â€ž / ... 1. 0. . ' 4643*SET7*V I. I. . 1. I. . 1. 1. .... In 1 . 0. 1 I . '1 . I. -----4 . - A----- .1.--- - 4- 1. 1 ...., 0 , 0 . " . . I - 0. I. ,. 1 - --- .1 , F . . --.. . 1. I . I . .. .. . 0. â€ž . . . . ,-ra,4 2 - i el ...... 0 0. I ----4------------- . S...0. 14 D 11----------- .. /1- . -- ----- .. .. - .- . 0. . 1 0 .--,5 . 1 X ...../. i 0. . - 1 -â€ž 10 2. tj,Â· ~c'/ .. . .. --. 1. , I . ... .. . ; 1 I. E . .... . ,~ 1 ,. .... .. '. \X â€¢â€¢ i.*" I ./*.i.J '-Ill- -- 79,â€¢ -1 1 ... 1 .. \432 1 71 1 : 0 - - -1\ L 1 -22â€ž 7/ \ 9 0.14 V- / I 00".0100 3 / 'ST.rE '34_-1 . 2-2 3(*3-4 -wi~-*3.*f<ickw~<..9 UNe li.... 1*~ ; Â·Â·i:t-21.:..:Pil.i.?f. 34'kip.'ig ~4,1.*glf ffi.f 8Â» : ,4 032.2/1 .11'fN,Attritiwit Â·i.,>Ah< ff . 4 , . i; TA,21924444<) i.et:~63 ~,*Â· ~ "*Â·1 6 111' pbt- C, ,, Â·Â· Â· 9,:b' . ID UL.5 .. 7 Â·Â·' 'M . 1 . 8 J P I. 4 /' .. . .1 15Â· , ' 4 11&.Bir,-RQB , 4.1 ..16: t- --- - . . /14 - t.. . r 4,5bc Of O ..0 3, ....1 /,4 . .- '11 , 2 48 99+45,1,.11,1 O ...r:,;Â·11.; 2 ;..S g ,-'.... t ,;fliv .2,~," ... .. ... ...8y~+ 1.....,ff. /'L *\.â‚¬9f,Â¢Jâ‚¬ ti.t; 451,14*MF ....,.:84,~9 5 '17,\24,-~ 7;.1;W â€¢' 618 -9~ 0. e --Â·Itfc,a,\3*>3,4i: Â£...: Â·Â·-29 4.-,3 =9â‚¬Â·I-'1 , 1 43* Â·'4 44.04 :5 38 ..:Al C/.9,â€ž11,6, C - 411 i<kpt '4t.24Â¢~445#44>'2%-44.-17r:,-~ r /4 . -,Te ~ iÂ· Â·hjrgeftiÂ»39Â·lit?& #12,~~~~ 3%â€ž~; 20- ,~fIrir933;'69.-r/w e.~ L I423 ' LA . ' 2 41v,3'67 h,Â« 01:Â·4*7;,:Â·~!fpj' 3'00Â»al.f .:0.:' . 1 -6...>e.fil..4...tj,,.:gt... i~ ,x-i:t~Wi(iÂ£~:~64,0%*~~ e~?P;rgf.~0~;i~>fdk;(i~{f Â·~~/â€ž~:~/.,~ >...)0'..~ C.1 Â· W Â·' 1.-2: ,:lt 9.: -711 Â·Â·1~elÂ·.1:)., 1..trN:aft,L-i.,f 16 =52368 8 7 - cr).0 4 -a cl *'. 1(;;2;~.j:W -,.Â·:i .i> .'--3-effÂ·:AVILM/;f"/2..:Ii.:':/.. 0 ).rhh /, . , 7TAÂ·>Â«1, 11,12~L,~6~ N,< ./270 . 3, i. I \ * *..,cv~#00,.-4 41, /87 @6 .... ,/-- .\... %10'.* 1411 !344=:Au-fÂ·. go=-,2,;j-.dÂ£~& r.~. gj;~~2*o....511, ~ l;::Wo/09:4241 4, ,. \Â·Â·'44rm-Nv : \,Â·,j --- -wer, 8 , \ 1 V-g';F Â»11\ j' - ..0 ; i' 'Â·' ) ..>/c, //iN- Â·7'. ,\ I , d-p: 4 '01 4=:-4-~.imalliz_-1 1.,Â·t.Â·â€¢.'*,tc~0FS 1 I .453 l.,r. i i~,Â·. ~k:34~.F Â·. i-. ,. 0.-. 5 44 9. 2 .1~409 ~E.t:>.3.-/ 0~ A'>-- 79â€ž=.... .. Uu. 031'.7)--4 .irlic..32*jiti tlil,11%/ift-!1 '09900-- I . e /4 452 . 0 9ixitoâ‚¬fÂ¢%9 ti~p.,~ ~ , t ~- 4 ..4 ~53~.ItÂ·,f~.Â· 2 0%,:IÂ·~Â· Wit54 < 9*699'J> Â·1 k Â»:4043,6.1.41 iti)231Â·1~Â·0Â·m~:,.**FÂ·v= 0 ~ Â·.~~~Â·~~~ ~t~~~'~~t-~ 2~~4~ <fÂ·*Â·~ :~<%\%-~%'A <Â°4 0 Â·5.9 .; .â€¢~.AL e\ , '' ...!.cÂ·\,Â·~~. 21~ JOI 32:544.: . l /7:'.b '3 A ' 7 4 2 n /4 060~ 7 410 ..Â·\ 9.11 / Â· Â»00 ~Â·14%<f<jov*vOÂ»jÂ»71,4 ~:-~*-0.-i .% .....Ci.,t. .4 ./4 8 . . '41.0 4,3,22''iÂ·Â·bl62Â· 'Â«-2801: .3. . , ..6 0/ . . 1 .,120. 'C, 1: :b: il. el" 9.64 'q*\ 0 ..0, -, '0,â€¢ 11' /,.1 ' o 4 i 7 - 42-4 .4*P.Â·9'... e : '44'22 :37.!' '~ 3 7\ i.:gi,1. 11,~fi . Â¢ 2,1/lo.,}. 494:U. .1:. ~ . .---- ~. i L.--- u~u, . 394;:#10*24 2 JÂ»-3.1 w / 4 v4215& u #11. f,4' b449â‚¬-Â©501 \94Â«3 tiÂ·. Aa Â· ~' .9ll $..4 . . 4 -1 .. 4 s â‚¬1-4~~ 4 - 1,~ 3- ..:,"2496 1/ f :,'a<:36~#.',2 8. Â·f'0 ,.9 1 .Â·,c"72'4 i 6>:C 4 . t. ekÂ«te:tt?* 6 65*.-,64 Â· 1 gatebut&/6 f 1 9 & 4.0.â‚¬2*Pf:.:.1,2,31 0:05:.1 4/obli ..0.,t Â· 1 Â·, &72 L OOF 4 L - 66Â·Enâ€¢ -22] :,2 1-0 - . /; / .. .': .. 2.41. .01~ .. ~ I., 46:RES,!31:5 . 0 . ,2 N.: , 3, . . '.... . #.1.'. .1;f,001,Â£>Â¥ e.,5 9. ... 0/ATi:44 1 2 isi~ Â·> 84 e. Â·FL. 1 2..,0â€ž)44&1* 4-6.8(4:5,#47:7#~,47Â£< 4 1. Â¢1 7 / Â· Â· Â·. /46. '(0&4 -:~ 4'.~'4: $49.Â·z. 411:34Â·Â·Â· Â·Â·Â·"- /*,Â· i.-f.:u ..0(. 'Â·Â¥S :~:4<' 7,2/ -/24 I.8.ob~$'* .:2:1'tili~Â« \4 0% 4 Ck/--7,9.-- MDI--al ' '92Â· . I littl<'.'442. ,~; fkfÂ·Â· Â·Â·~:~ 41 . 14% 483~â€¢~2~. ~:~.~1<~~~~4 ~A*.f: %*t'PHii, 28 -1 - tk '969 f Â·2*43= I lâ€¢â€¢0394. 1 8. 03.14. , Aâ€¢6000d\Râ€¢57000 LOT 3 804 10 Lâ€¢3386 Lâ€¢ 32.16 Câ€¢ 31 66 C â€¢ 32.15 0.4 23 ACRES T â€¢ 16.93' .-I bb 8.,r LOT 2 O 0.1 0.661 ACRES 4.21 Aâ€¢75 k: 11:1!Â· -8- 1 ~Lâ€¢66.U â€¢6451' - \9 3 05 OC 184.63 IA DEIVE 1 4 A.X 18 1 S 8994'E Â· 1 2 - MOUNTAIN .\ 417;$10. \ I /50.0 N .014. W : 00.00' ,-- . ,( 8â€¢11,â€¢04 VIEW 2 t. 3: :24%.. COURT ,Â¢ Â£247;ire r -8 Câ€¢105.40' /1 d .3/ lo' ~ ' < UTILIT~ EASEMENT ' r 10' 8\ ta rr, 'v i \ -2*02#.7*Urlt-ZH.-"CAl/7-ER___.,hi\ o.4-22 AES / A. 44' , 8 1 1 - loNI # GO ~ 'bÂ· 0~~ Câ€¢44 * LOT I Lâ€¢ 46 0.954 ACRE S ..41' . 8â€¢76â€¢oof 1" = So'- O 1%1 4 R.80.00' 1 -Af,Ill_-St~llj Lâ€¢ 79,59' C â€¢73.-I , .Â°P / Le .- UTLITY EASEMENT *~ ~ / .9 / LOT 5. , \4 V / -----m:*kv ,&, ,--77-777 .-7~7-77 / g, , , '244.24> â€ž, 1,~1, ' 4 10 0.414 ACRES 5 IS ... --1 ,/il.,r fUTILITY EASEMENT-~ 0 . . ..1-1.-,-. \-c-- 21- S89Â°44'E---- T 1~--S--%--2-;7-234:77-Â¥Â»C>â‚¬Ly ' 4-7,/ 0494 4- 2.Koseo 4..r., Ar ------=Â· r S IA COR.-SE(31 ~ , FOUND RON PIPE IN ON R TE C DorloT 'C' _---+6) 1~ j '~ -. CD~RRWAE ~ILLS SUBDIVISION /26:# 7 1\Â§% UND#AGAâ€¢u.0 T.V. (0,432Â£,T loT ,507~-SEE-dfaffE-EMIL *21; ki.%-i ... 3%4 { -- t ..14.r, *l % 9 -1, N.\ 4 ..6 4 6 r %1 tu 9 Od & 1 M f 4 1 4 -- 4/ 5 0 14 < \ .214 v :9 Er"1 14 Ik 112 ti! C ' k 1 1 4.1 %. I l,i 3, 4 94 Â£1 Â· ,~~~~~~flE 11 11 5-1 En -e, ..0 1 1 0 09 1 e.1/ i' 1 1 2 96 Z!#4 2 u Â· b 1 9 , . 1 'i --9 r A -4 U\ N 00048'W 163.01' 144.00 NOOÂ¤48'W 17Â£00' N, 3%n 061 . . TOWN OF ESTES PARK PUBLIC WORKS DEPARTMENT CITIZEN SERVICE RESPONSE REPORT AUGUST 1994 CODE TYPE OF CALL NO. OF CALLS HOURS 11 BLEEDER MAINTENANCE 12 UTILITY LOCATION - MAIN 39.00 65.00 13 UTILITY LOCATION - SERVICE 7.00 16.25 15 SERVICE LINE INSPECTION 16 TAP REQUEST 17 WATER QUALITY - TASTE 18 WATER QUALITY - ODOR 19 WATER QUALITY - COLOR 20 PRESSURE PROBLEMS: HIGH 21 PRESSURE PROBLEMS: LOW 2.00 3.00 22 FROZEN LINES: MAIN 23 FROZEN LINES: SERVICE 24 LINE BREAKS: MAIN 25 LINE BREAKS: SERVICE 2.00 1.50 30 METER REPAIR 53.00 63.00 31 FINAL INSPECTION 3.00 2.50 40 CONSTRUCTION RELATED: WATER 41 CONSTRUCTION RELATED: PARKS 42 CONSTRUCTION RELATED: STREETS 44 CONSTRUCTION RELATED: OTHER 50 STREET REPAIR 51 SNOW REMOVAL 52 STREET SWEEPING 53 SIGN REQUESTS AND REPAIR 4.00 3.25 54 STORM DRAINAGE 11.00 32.00 55 TRAFFIC HAZARD 60 OTHER 5.00 10.00 TOTALS FOR AUGUST 1994 126.00 196.50 HISTORICAL DATA THIS MONTH LAST MONTH LAST YEAR TOTAL CALLS 126.00 116.00 70.00 TOTAL MAN HOURS 196.50 179.75 118.50 %CHANGE(CALLS/MHS) +8.62%/+9.32% -21.09%/-4.64% +80.%/+65.82% Rl-1