HomeMy WebLinkAboutRESOLUTIONS 1980C C
R E S 0 L U T I 0 N 42-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the Mayor is hereby authorized and directed to sign
the Sales Tax Collection Agreement dated December 9,1980 by
and between the Town of Estes Park and Larimer County.
Adopted:December 9,1980
42—80
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RESOLUTION 41-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the Town of Estes Park purchase the Baldwin property
located at 240 West Riverside Drive,Estes Park,Colorado,subject
to a life estate of Hazel Baldwin.
Be it further resolved that the Mayor be authorized to
execute the purchase agreement for the property in conformity
with this Resolution.
Adopted:December 9,1980
41—80
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R E $0 L U T I 0 N 40 -80
BE IT RESOLVED BY THE BOARD OF TURSTEES OF THE TOWN OF ESTES
PARK,COLORADO:
That the Amended Plat of Pine River Subdivision is hereby
approved and that the Mayor and Clerk are directed to sign the
Certificate of Approval on the final plat.
Adopted:November 24,1980
40—80
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RESOLUTION 39-80
WHEREAS,the Town of Estes Park is interested in purchasing
for the taxes due and owing on the property,the property
more fully described below;and
WHEREAS,the Town of Estes Park is desirous of purchasing
said property to preserve access to a public street of the
Town of Estes Park,
NOW,THEREFORE,the Board of Trustees of the Town of
Estes Park hereby authorizes the appropriate town officials
to purchase the following described real property from the
owner thereof and hold the same until further action of the
Board of Trustees.The property is more fully described as
follows:
A portion of the NE1/4 of the SE1/4 of Section 25,
Township 5 North,Range 73 West of the 6th P.M.,
Larimer County,Colorado,more particularly described
as commencing at the Center 1/4 corner of said Section
25 with all bearings relative to the North line of the
SE1/4 of said Section 25 considered as bearing S89°43’OO”E;
thence S89°43’OO”E a distance of 1323.79 feet along the
North line of said SE1/4 to the Northeast corner of
Rock Ridge Estates Addition to the Town of Estes Park,
which is also the Northwest corner of the NE1/4 of said
SE1/4;thence S0O°05’OO”E a distance of 597.53 feet
along the West line of the NE1/4 of said SE1/4,and the
East line of Rock Ridge Estates Addition,to the South
east corner of Lot 12,Rock Ridge Estates Addition,and
the TRUE POINT OF BEGINNING:thence SO0°05’OO”E a
distance of 151.38 feet along the West line of the
NW1/4 of said SE1/4;thence N89°55’OO”E a distance of
50.00 feet;thence N0O°05’OO”W a distance of 151.38
feet;thence S89°55’OO”W a distance of 50.00 feet to
the TRUE POINT OF BEGINNING.
DATED this l1’day of
_________________,
1980
APPROVED:
ATTEST:
2’)
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RESOLUTION 38-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK,COLORADO:
That the petition and plat of the Livingston Lake Subdivision
are hereby approved and that the Mayor and Town Clerk are authorized
and directed to sign the plat.
Adopted:November 12,1980
38—80
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RESOLUTION 37-80
WHEREAS,a lawsuit has been filed against the Town of
Estes Park,The Estes Park Horse Show and Rodeo Committee
of the Town of Estes Park and Dale G.Hill,and
WHEREAS,the Town,pursuant to the provisions of
24-10-110 of the Colorado Revised Statutes,1973,as
amended,has determined the Town should assume the cost
of the defense of Dale G.Hill,and
WHEREAS,the Town has been advised by the Town attorney,
Gregory A.White,that due to his possible involvement as a
witness for the Town in the lawsuit that he is unable to
handle defense of the Town and Dale G.Hill,and
WHEREAS,the Town desires to employ another attorney for
such defense.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES
OF THE TOWN OF ESTES PARK:
That the Town of Estes Park shall assume the defense of
Dale G.Hill of the lawsuit filed by Russell L.Ketchum in
the United States District Court pursuant to the provisions
cf 24—10--lb (3)of Colorado Revised Statutes 1973,as
amended;
BE IT FURTHER RESOLVED:
That the Board of Trustees has determined that Ralph
Harden of the firm of Harden,Schmidt and Haas,P.C.should be
retained as attorney for the Town,the Rodeo Committee and
Dale G.Hill in the above-mentioned matter.
BE IT FURTHER RESOLVED:
That the Town attorney,Gregory A.White,and Town
Administrator,Dale G.Hill,are authorized to transmit
any documents necessary to Mr.Harden for the aforementioned
defense.
DATED this 28th day of October,1980.
APPROVED:
ATTEST:/Mayor
Town Clerk
7—Rn
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RESOLUTION 36-80
WHEREAS,the Board of Trustees of the Town of Estes
Park have passed contemporarneously with this Resolution
an Ordinance amending Section 13.08.040 3 of the Municipal
Code,and
WHEREAS,there is an ordinance before the Board of
Trustees adding Section 13.10 to the Municipal code,and
WHEREAS,said Ordinances deal with discontinuance of
electrical service by the Town of Estes Park in conformity
with Rule 13 of the Rules and Regulations of the Public
Utilities Commission of Colorado,and
WHEREAS,the Discontinuance Regulations are substantially
the same for service both within and without the corporate
limits of the Town of Estes Park,and
WHEREAS,the Town of Estes Park is not subject to the
jurisdiction of the Public Utilities Commission for service
within the boundaries of the Town of Estes Park,and
WHEREAS,the Board of Trustees of the Town of Estes
Park wishes to formally state that the adoption and proposed
adoption of the aforementioned Ordinances and the filing of
any required tariff sheets to the Public Utilities Commission
is done solely for the purpose of administrative convenience
for service both within and without the Town of Estes Park.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES
OF THE TOWN OF ESTES PARK:
The adoption of the tariff sheets filed with the Public
Utilities Commission with respect to termination of electric
service for customers receiving service inside municipal
boundaries is made solely for the purpose that such procedures
shall be substantially the same for customers receiving
electric service both inside and outside the municipal
boundaries of the town and nothing contained herein shall be
construed in any manner as a delegation of authority to the
Public Utilities Commission with respect to electric service
provided inside the municipal boundaries of the town.
C,,’
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BE IT FURTHER RESOLVED THAT:
That the adoption of the Discontinuance Regulations
with respect to termination of electrical service for customers
receiving service inside municipal boundaries is made solely
for the purpose that such procedures shall be substantially
the same for customers receiving electric service both
inside and outside the municipal boundaries of the Town and
nothing contained herein shall be construed in any manner as
a delegation of authority to the Public Utilities Commission
with respect to electric service provided inside the municipal
boundaries of the town.
BE IT FURTHER RESOLVED THAT:
The superintendent of the department is authorized to
file the required tariffs with the Public Utilities Commission,
as required under the applicable Commission rules and regula
tions,implementing said rule of the Commission governing
discontinuance of electric service.
APPROVED:
Mayor
ATTEST:
7j Town Clerk
ADOPTED:October 28,1980
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CCRESOLUTIONTOAPPROPRIATESUMSOFMONEY35—80ARESOLUTIONAPPROPRIATINGSUMSOFMONEYTOTHEVARIOUSFUNDSANDSPENDINGAGENCIES,INTHEAMOUNTSANDFORTHEPURPOSESASSETFORTHBELOW,FORTHETOWNOFESTESPARK,COLORADO,FORTHE1981BUDGETYEAR.WHEREAS,theBoardofTrusteeshasadoptedtheannualbudgetinaccordancewiththeLocalGovernmentBudgetLawonOctober14,1980,and;WHEREAS,theBoardofTrusteeshasmadeprovisionthereinforrevenuesinanamountequaltoorgreaterthanthetotalproposedexpendituresassetforthinsaidbudget,and;WHEREAS,itisnotonlyrequiredbylaw,butalsonecessarytoappropriatetherevenuesprovidedinthebudgettoandforthepurposesdescribedbelow,soasnottoimpairtheoperationsoftheTown.NOW,THEREFORE,BEITRESOLVEDBYTHEBOARDOFTRUSTEESOFTHETOWNOFESTESPARK,COLORADO:THATthefollowingsumsareherebyappropriatedfromtherevenueofeachfund,toeachfund,forthepurposesstated:GeneralFundCurrentOperatingExpenses$CapitalOutlay___________TotalGeneralFundLight&PowerFundCurrentOperatingExpensesCapitalOut]ayTotalLight&PowerFundWaterFundCurrentOperatingExpensesCapitalOutlayDebtServiceTotalWaterFund$$3,041.098.00371,500.00$3,412,598.00$581,140.00267,000.00157,718.00$1,005,858.001,444,955.00593,550.002,038,505.0035—30—7—*
CLibraryFundCCurrentOperatingExpenses$93,490.00CapitalOutlayGeneralRevenueSharingFundTotalLibraryFundCurrentOperatingExpensesCapitalOutlayTotalRevenueSharingFund1,300.00$94,790.00$1,500.0042,208.00$43,708.00ConservationTrustFundCapitalOutlay$695.00DebtServiceFundSelfInsuranceFundPolicemen’sPensionFund$219,290.00$101,976.00$25,000.00Firemen’sPensionFund$29,900.00ATTEST1’,•,CjcTOTAL$6,972,320.00MayorADOPTEDthis14thdayofOctober,1980.TownClerkz7-8-*
C0RESOLUTIONTOSETMILLLEVIES34—80ARESOLUTIONLEVYINGGENERALPROPERTYTAXESFORTHEYEAR1981,TOHELPDEFRAYTHECOSTSOFGOVERNMENTFORTHETOWNOFESTESPARK,COLORADO,FORTHE1981BUDGETYEAR.WHEREAS,theBoardofTrusteesoftheTownofEstesParkhasadoptedtheannualbudgetinaccordancewiththelocalGovernmentBudgetLawonOctober14,1980,and;WHEREAS,theamountofmoneynecessarytobalancethebudgetforgeneraloperatingexpensesis$68,660and;WHEREAS,the1981valuationforassessmentfortheTownofEstesParkascertifiedbytheCountyAssessoris$22,007,550.00NOW,THEREFORE,BEITRESOLVEDBYTHEBOARDOFTRUSTEESOFTHETOWNOFESTESPARK,COLORADO:THATforthepurposeofmeetingallgeneraloperatingexpensesoftheTownofEstesParkduringthe1981budgetyear,thereisherebyleviedataxof3.12millsuponeachdollarofthetotalvaluationforassessmentofalltaxablepropertywithintheTownfortheyear1981.THATtheTownClerkisherebyauthorizedanddirectedtoimmediatelycertifytotheCountyCommissionersofLarimerCounty,Colorado,themillleviesfortheTownofEstesParkashereinabovedeterminedandset.ADOPTEDthis14thdayofOctober,1980.MayorATTEST(TownClerk34—80-6-*
CRESOLUTIONTOADOPTBUDGET033—80ARESOLUTIONSUMMARIZINGEXPENDITURESANDREVENUEFOREACHFUND,ANDADOPTINGABUDGETFORTHETOWNOFESTESPARK,COLORADO,FORTHECALENDARYEARBEGINNINGONTHE1STDAYOFJANUARY,1981,ANDENDINGONTHELASTDAYOFDECEMBER1921.WHEREAS,theBoardofTrusteesoftheTownofEstesParkhasappointedDaleG.Hill,TownAdministrator,toprepareandsubmitaproposedbudgettosaidgoverningbodyatthepropertime,and;WHEREAS,DaleG.Hill,TownAdministrator,hassubmittedaproposedbudgettothisgoverningbodyonSeptember9,1980foritsconsideration,and;WHEREAS,upondueandpropernotice,publishedinaccordancewiththelaw,saidproposedbudgetwasopenforinspectionbythepublicatadesignatedplace,apublichearingwasheldonOctober14,1980,andinterestedtaxpayersweregiventheopportunitytofileorregisteranyobjectionstosaidproposedbudget,and;WHEREAS,whateverincreasesmayhavebeenmadeintheexpenditures,likeincreaseswereaddedtotherevenuessothatthebudgetremainsinbalance,asrequiredbylaw.NOWTHEREFORE,BEITRESOLVEDBYTHEBOARDOFTRUSTEESOFTHETOWNOFESTESPARK,COLORADO:Section1.Thatestimatedexpendituresforeachfundareasfollows:GeneralFund$2,038,505.00Light&PowerFund3,412,598.00WaterFund1,005,858.00PublicLibrary94,790.00GeneralRevenueSharing43,708.00Policemen’sPensionFund25,000.00Firemen’sPensionFund29,900.00SelfInsuranceFund101,976.0033—80-3-*
0ConservationTrustFundDebtServiceFundSection2.ThattheestimatedresourcesforGeneralFundFromunappropriatedsurplusesFromsourcesotherthangeneralpropertytaxFromthegeneralpropertytaxlevy$695.00219,290.00$6,972,320.00eachfundareasfollows:$657,858.001,408,551.0068,660.00TOTALGENERALFUND$2,135,069.00Light&PowerFundFromunappropriatedfundsFromotherrevenuesources$652,566.002,870,200.00TOTALLIGHT&POWERFUNDWaterFundFromunappropriatedfundsFromotherrevenuesources$3,522,766.00$262,169.00799,788.00TOTALWATERFUND$1,061,957.0094,922.0043,708.00695.00219,290.00101,976.O0PublicLibraryGeneralRevenueSharingConservationTrustFundDebtServiceFundSelfInsuranceFund-4-*
00Policemen’sPensionFund$222,419.00Firemen’sPensionFund128,966.00$7,531,768.00Section3.Thatthebudget,assubmitted,amended,andhereinabovesummarizedbyfund,beandthesameherebyisapprovedandadoptedasthebudgetoftheTownofEstesPark,Colorado,fortheyearstatedabove.Section4.ThatthebudgetherebyapprovedandadoptedshallbesignedbytheMayorandTownClerkandmadeapartofthepublicrecordsoftheTown.ADOPTEDthis14thdayofOctober,1980.ATTESLMayor&I),fLkJLaTownClerk5*
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RESOLUTION 32-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK,COLORADO:
That the Mayor and Clerk are hereby authorized and directed to
sign the agreement dated September 23,1980 by and between the Town
of Estes Park and Pinson Concrete regarding the replacement of the
entrances to Municipal Parking Lot #1 (Athletic Field Parking Lot).
Adopted:September 23,1980
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RESOLUTION NO.1 -
WHEREAS,the Light and Power Committee and the
Board of Trustees of the Town of Estes Park have,at meet
ings duly convened on August 26,1980,considered pertinent
and material data and information concerning a proposed
modification of existing electric rate schedules and a pro
posed increase in rates affecting electric service provided
both within and outside the corporate limits of the Town;
and
WHEREAS,the Town has not increased its base rates
for electric service (defined as excluding any wholesale
purchase power pass—on rate increase)for almost four and
one—half years despite increasing cost pressures in all
areas of its electric system operations;and
WHEREAS,it is recognized that the Public Utili
ties Commission of the State of Colorado (hereafter some
times referred to as “PUC”or “Commission”)currently exer
cises jurisdiction over the electric rates and electric
service provided to consumers outside the corporate limits
of the Town (hereafter referred to as “jurisdictional service”)
and
WHEREAS,the Town is reauired to implement certain
rate design modifications as a result of Commission decisions
affecting all jurisdictional electric utilities in a proceed—
inq which is commonly referred to as the Generic Hearings
(PUC Case No.5693);and
WHEREAS,the Board of Trustees,after reviewing
and fully considering all pertinent and material data so
presented and after receiving the recommendation of the
Light and Power Committee,does hereby determine and find
that the proposed modification of the existing electric rate
schedules and the proposed increase in base electric rates
to be charged both within and outside the boundaries of the
Town is required to:
-.-—--—,“.----,——‘s—-.------.—
4 S
(1)Comply with the requirements of the Commission’s
decisions applicable to rate design promulgated and
issued in the Generic Hearings;and
(2)To offset increases in the operating and cap
ital costs of providing electric service which is
necessary to permit the Town to continue to provide
electric service on a reliable and sound economic basis
and to satisfy the debt service obligations of the
electric utility system;and
WHEREAS,the increase proposed hereafter in elec
tric rates is uniform for all consumers of the same rate
class and is identical for consumers,within the same rate
class,located within and outside the boundaries of the
Town;and
WHEREAS,it is desirable that such new rates be
effective on the same date for consumers within the corpor
ate limits of the Town and consumers outside the boundaries
of the Town;and
WHEREAS,due to the substantial rate modifications
that are required pursuant to the Commission decisions in
the Generic Hearings,it will be necessary to repeal and re
enact Chapter 13.12 of the Estes Park runicipa1 Code pertain
ing to rate schedules for electric service;and
WHEREAS,the Board of Trustees will adopt an
appropriate ordinance implementing the new rates and rate
schedules following final Commission approval with respect
to rate schedule modifications and rate adjustments appli
cable to service provided outside the municipal boundaries
of the Town;and
WHEREAS,it is the intent of the Board of Trustees
that said ordinance to be later adopted as described immed
iately above will also be applicable to electric service
provided inside the municipal boundaries of the Town.
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NOW,THEREFORE,BE IT RESOLVED by the Board of
Trustees of the Town of Estes Park,as follows:
1.That the above recitals are incorporated by
reference in this resolution.
2.That the proposed rates for electric service
within and outside the Town of Estes Park is set forth
in the attached Exhibit A which is incorporated herein
as if fully set forth.
3.The Board of Trustees hereby authorizes the
Town Administrator and other officials of the Town to
file with the Public Utilities Commission of the State
of Colorado such documents and to take such action,
including the employment of personnel and the payment
therefor,as may be necessary to obtain the approval of
said Public Utilities Commission as may be required
under applicable law for changes in rates for electric
service,but subject ?nly to such jurisdiction as may
exist in the Public Utilities Commission relative to
electric service provided outside the municipal bound
aries of the Town.
4.That notice of the proposed rate schedule
modifications and rate adjustments shall be given by
individual mailed notice to all affected customers
receiving service outside the municipal boundaries of
the Town,as required pursuant to applicable rules and
regulations of the Public Utilities Commission.
5.That the proposed rate schedule modifications
and rate adjustments for customers receiving electric
service inside the municipal boundaries of the Town
shall not be implemented until such time as the Public
Utilities Commission of the State of Colorado has
approved the proposed rate schedule modifications and
rate adjustments for customers receiving electric
service outside the municipal boundaries of the Town,
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and pursuant to an ordinance to be duly adopted by the
Board of Trustees subsequent to said approval of the
Public Utilities Commission.
6.That a summary of the proposed rate schedule
modifications and rate adjustments shall be provided
to consumers receiving service inside the municipal
boundaries of the Town by either publication or by
mailed notice.
Passed by the Board of Trustees this 26th day of
August,1980,and signed this 26th day of August,1980.
Mayor
Town of Estes Park,Colorado
I hereby certify and attest that the foregoing
resolution was introduced,read and passed at a regular
meeting of the Board of Trustees of the Town of Estes Park
on the 26th day of August,1980
Pm.Iem
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Exhibit A
CHAPTER 13.12
LIGHT AND POWER RATE SCHEDULES
SECTIONS:
13.12.010 Generally
13.12.020 Rate 1 -—Residential Service
13.12.030 Rate 2 --Residential Service -Demand Metered
13.12.040 Rate 3 —-Residential Heat Storage
13.12.050 Rate 4 ——General Service Small
13.12.060 Rate 5 --General Service Large
13.12.070 Rate 6 ——Municipal Service
13.12.080 Rate 7 ——Purchase Power Rider
13.12.090 Rate 8 --Reserved
13.12.100 Rate 9 -—Reserved
13.12.010 Generally.The schedule of rates set forth
in this chapter for the service of electric power and energy
by the town shall remain in effect until repealed or amended.
13.12.020 Rate 1 --Residential Service.A.Applica
bility.The rates set forth in this section shall be appli
cable in the Estes Park service territory.
3.Availability.This schedule is available to
residential consumers for all domestic uses in individually
metered single-family private dwellings or individually met
ered apartments,except new electric space heating consumers
requiring service after January 1,1981.This schedule may
apply to existing residential service consumers having
electric heat as a primary or auxiliary energy source for
space heating prior to January 1,1981.This rate is not
available for resale service.
C.Rate.
Consumer Charge:$4.17 per month
Energy Charge:All Kwh used per month,per
Kwh $0.0385
Minimum:Net minimum charge per meter per
month $4.17
D.Payment.The above rates are net.Bills for
electric service are due and payable within ten days subse
quent to mailing or delivery of the bill.
E.Conditions of Service.Service provided under
this rate schedule shall be subject to all Light and Power
Department general and specific Rules and Regulations and
extension policies and such rules and regulations as set
forth in appropriate tariff sheets on file and approved by
the Public Utilities Commission of the State of Colorado for
service provided by the town outside its corporate boundar
ies.In the event of any conflict between the Light and
Power Department’s Rules and Regulations and those of the
Public Utilities Commission,the applicable rules and regu
lations of the Commission will prevail,but only with respect
to electric service provided outside the corporate boundar—
ies of the town which is subject to the jurisdiction of said
Commission.The rules and regulations of the Light and
Power Department shall exclusively prevail for electric
service provided within the town’s corporate boundaries.
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Water heaters shall be of a two—element storage
type approved by the town.Each element shall be noninduc
tive and shall be connected through a separate thermostat.
The capacity rating of the lower and upper units shall be 20
and 30 watts per gallon,respectively,to the nearest NEMA
Standard.Water heaters of the quick—recovery type shall be
40 gallons or larger and the capacity rating of each of the
lower and upper elements shall not exceed 5,000 watts.The
upper thermostat and element shall be interconnected with
the lower thermostat and element to allow operation of only
one element at the same time.The lower,or base,element
shall be placed so as to heat the entire tank,and the
upper,or booster,element shall be placed so as to heat not
more than the upper one-third of the tank.
13.12.030 Rate 2 --Residential Service -Demand Metered.
A.Applicability.The rates set forth in this sec
tion shall be applicable in the Estes Park service territory.
B.Availability.This schedule is mandatory for new
residential consumers requiring service commencing after
January 1,1981,having electric heat as a primary or auxi
liary energy source for space heating in individually metered
single-family dwellings or individually metered apartments.
This schedule is available to existing residential consumers
receiving service prior to January 1,1981,who have electric
heat as a primary or auxiliary energy source for space
heating.This schedule is also available for those residen
tial consumers who do not have electric heat as a primary or
auxiliary energy source for space heating,but whose annual
energy consumption is over 15,000 Kwh.This schedule is not
available for resale service.
C.Rate.
Consumer Charge:$4.17 per month
Demand Charge:$4.50 per KW of
billing demand
Energy Charge:All Kwh per month,per
Kwh $0.013
Minimum:$4.50 per KW of 60%of
the highest billing demand established
in the past twelve (12)month period
ending with the current month.
D.Payment.The above rates are net.Bills for
electric service are due and payable within ten days subse
quent to mailing or delivery of the bill.
E.Determination of Billing Demand.The billing
demand shall be determined by suiteble meter measurement of
the highest fifteen—minute integrated demand occurring
during the monthly billing period.
F.Conditions of Service.Service provided under
this rate schedule shall be subject to all Light and Power
Department general and specific Rules and Regulations and
extension policies and such rules and regulations as set
forth in appropriate tariff sheets on file and approved by
the Public Utilities Commission of the State of Colorado for
service provided by the town outside its corporate boundar
ies.In the event of any conflict between the Light and
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Power Department’s Rules and Regulations and those of the
Public Utilities Commission,the applicable rules and regu
lations of the Commission will prevail,but only with respect
to electric service provided outside the corporate boundar
ies of the town which is subject to the jurisdiction of said
Commission.The rules and regulations of the Light and
Power Department shall exclusively prevail for electric
service provided within the town’s corporate boundaries.
Any existing residential consumer receiving service
prior to January 1,1981,who requests service under this
rate schedule on an optional basis shall be required to
remain on this schedule for not less than twelve (12)months.
Service under this rate schedule,requested on an optional
basis by existing residential consumers (as defined above),
shall be provided on a time schedule consistent with avail
ability of demand meters.
The town shall be advised as to the impending
installation of electric space—heating equipment in advance
in order to determine if extensions of or additions to the
town’s facilities will be required and to allow arrangements
therefor,and to determine the available voltage at the con
sumer ‘s installation.
Water heaters shall be of a two—element storage
type approved by the town.Each element shall be noninduc
tive and shall be connected through a separate thermostat.
The capacity rating of the lower and upper units shall be 20
and 30 watts per gallon,respectively,to the nearest NEMA
Standard.Water heaters of the quick-recovery type shall be
40 gallons or larger and the capacity rating of each of the
lower and upper elements shall not exceed 5,000 watts.The
upper thermostat and element shall be interconnected with
the lower thermostat and element to allow operation of only
one element at the same time.The lower,or base,element
shall be placed so as to heat the entire tank,and the
upper,or booster,element shall be placed so as to heat not
more than the upper one-third of the tank.
Each space heating element over one thousand six
hundred fifty watts shall be individually controlled by a
thermostat.No single space heating element shall have a
rated capacity greater than five kilowatts.No thermostat
shall control more than five kilowatts.
13.12.040 Rate 3 --Residential Heat Storage.A.
Applicability.The rates set forth in this section shall be
applicable in the Estes Park service territory.
B.Availability.This schedule is mandatory for all
new residential consumers for off—peak heat storage purposes
commencing January 1,1981.This schedule is also available
to residential consumers who have heat storage facilities in
use prior to January 1,1981.This service will be provided
at the available voltage and phase of the town’s distribu
tion system.Heat storage service shall be separately
metered using time—of—day demand and energy meters with the
consumer paying for all metering equipment and installation
costs.This schedule is not available for resale service.
C.Rate.
Customer Charge:$4.17 per month
Energy Charge:All Kwh used per month during
the heat storage period,per Kwh $0.013
Minimum:Net minimum charge per month..$4.l7
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D.Heat Storage Period.The heat storage period
shall be between the hours of 11:00 p.m.and 5:00 a.m.
daily.
E.Non—Heat Storage Period.Demand and energy used
during peak period (all hours of the day except for Heat
Storage Period defined above)will be billed under the
Residential Service—Demand Metered rate schedule.
F.Payment.The above rates are net.Bills for
electric service are due and payable within ten (10)days.
subsequent to the mailing or delivery of the bill.
G.Conditions of Service.Service provided under
this rate schedule shall be subject to all Light and Power
Department general and specific Rules and Regulations and
extension policies and such rules and regulations as set
forth in appropriate tariff sheets on file and approved by
the Public Utilities Commission of the State of Colorado for
service provided by the town outside its corporate boundar
ies.In the event of any conflict between the Light and
Power Department’s Rules and Regulations and those of the
Public Utilities Commission,the applicable rules and regu
lations of the Commission will prevail,but only with respect
to electric service provided outside the corporate boundar
ies of the town which is subject to the jurisdiction of said
Commission.The rules and regulations of the Light and
Power Department shall exclusively prevail for electric
service provided within the town’s corporate boundaries.
13.12.050 Rate 4 —-General Service Small.A.Appli
cability.The rates set forth in this section shall be
applicable in the Estes Park service territory.
B.Availability.This schedule is available for
business lighting and small power loads of 35 KW maximum
demands or less.All service will be supplied only through
a single meter.This service is available at single or
three—phase at voltages available at the customer service
location.This schedule is not available for resale service.
C.Rate.
Customer Charge:$7.20 per month
Energy Charge:All Kwh used per month,per
Kwh $0.o485
Minimum:Net minimum charge per meter per
month $7.20
D.Payment.Bills for electric service are due and
payable within ten days subsequent to mailing or delivery of
the bill.The foregoing rates shall be net where service is
metered at the secondary voltage of the town’s distribution
system.Where service is metered under this schedule at primary
voltage,the consumer shall receive a credit of two percent (2%)
of the monthly bill.
E.Conditions of Service.Service provided under
this rate schedule shall be subject to all Light and Power
Department general and specific Rules and Regulations and
extension policies and such rules and regulations as set
forth in appropriate tariff sheets on file and approved by
the Public Utilities Commission of the State of Colorado for
service provided by the town outside its corporate boundar
ies.In the event of any conflict between the Light and
Power Department’s Rules and Regulations and those of the
—4—
0•o
Public Utilities Commission,the applicable rules and regu
lations of the Commission will prevail,but only with respect
to electric service provided outside the corporate boundar
ies of the town which is subject to the jurisdiction of said
Commission.The rules and regulations of the Light and
Power Department shall exclusively prevail for electric
service provided within the town’s corporate boundaries.
Luminous electric discharge tubes or other equip
ment of inherently low power factor characteristics shall,
at all times,be provided with effective power factor cor
rection such that the power factor of customer’s electric
service is not less than ninety percent.
Water heaters shall be of a two—element storage
type approved by the town.Each element shall be noninduc
tive and shall be connected through a separate thermostat.
The capacity rating of the lower and upper units shall be 20
and 30 watts per gallon,respectively,to the nearest NEMA
Standard.Water heaters of the quick-recovery type shall be
40 gallons or larger and the capacity rating of each of the
lower and upper elements shall not exceed 5,000 watts.The
upper thermostat and element shall be interconnected with
the lower thermostat and element to allow operation of only
one element at the same time.The lower,or base,element
shall be placed so as to heat the entire tank,and the
upper,or booster,element shall be placed so as to heat not
more than the upper one-third of the tank.
13.12.060 Rate 5 --General Service Large.A.Appli
cability.The rates set forth in this section shall be
applicable in the Estes Park service territory.
B.Availability.This schedule is required for
electric lighting and power requirements of consumers having
maximum demands exceeding 35 KW in any two consecutive months.
All service will be supplied only through a single meter.
This service is available at single or three-phase at the
established voltage of either the town’s primary or second
ary distribution system.This schedule is not available for
resale service.
C.Rate.
Demand Charge:$9.00 per KW of billing
demand
Energy Charge:All Kwh used per month,per
Kwh $0.01267
Minimum:The minimum monthly bill shall be
$9.00 per KW of 60%of the highest bill
ing demand established during the immedi
atelv preceding months of Noventher through
March or $50,whichever is greater.
D.Payment.Bills for electric service are due and
payable within ten days subsequent to the date of mailing or
delivery of the bill.
E.Determination of Billing Demand.The billing
demand shall be determined by suitable meter measurement of
the highest fifteen-minute integrated demand occurring
during the monthly billing period.The consumer shall be
required to properly balance his loads.
F.Power Factor.If the power factor during the time
the billing demand is established falls below 90%lagging,
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adjustment may be made by increasing the measured demand for
each month by one percent for each one percent or major
fraction thereof by which the power factor during the bill
ing period is less than ninety percent lagging.
G.Conditions of Service.Service provided under
this rate schedule shall be subject to all Light and Power
Department general and specific Rules and Regulations and
extension policies and such rules and regulations as set
forth in appropriate tariff sheets on file and approved by
the Public Utilities Commission of the State of Colorado for
service provided by the town outside its corporate boundar
ies.In the event of any conflict between the Light and
Power Department’s Rules and Regulations and those of the
Public Utilities Commission,the applicable rules and regu
lations of the Commission will prevail,but only with respect
to electric service provided outside the corporate boundar
ies of the town which is subject to the jurisdiction of said
Commission.The rules and regulations of the Light and
Power Department shall exclusively prevail for electric
service provided within the town’s corporate boundaries.
The foregoing rate schedule shall be net where
service is metered at the secondary voltage of the town’s distribution
system.Where service is metered under this schedule at primary
voltage,the consumer shall receive a credit of two percent
of the monthly bill for service.Where service is taken at
the town’s established primary voltage and the consumer furnishes
the transformers and substations converting to secondary
voltage,the consumer shall receive a credit of four percent
of the monthly bill.
Water heaters shall be of a two—element storage
type approved by the town.Each element shall be noninduc
tive and shall be connected through a separate thermostat.
The capacity rating of the lower and upper units shall be 20
and 30 watts per gallon,respectively,to the nearest NEMA
Standard.Water heaters of the quick-recovery type shall be
40 gallons or larger and the capacity rating of each of the
lower and upper elements shall not exceed 5,000 watts.The
upper thermostat and element shall be interconnected with
the lower thermostat and element to allow operation of only
one element at the same time.The lower,or base,element
shall be placed so as to heat the entire tank,and the
upper,or booster,element shall be placed so as to heat not
more than the upper one—third of the tank.
13.12.070 Rate 6 ——Municipal Service.A.Applicabil—
ity.The rates set forth in this section shall be applica
ble in the corporate limits of the town.
B.Availability.This schedule is available for
service to the town for municipal street,park lighting and
municipal buildings.
C.Rate.
All Kwh used per month,per Kwh...$0.0426
13.12.080 Rate 7 ——Purchase Power Rider.Rate 7 shall
be reserved for future filing.
13.12.090 Rate 8 ——Reserved.Rate 8 shall be reserved
for future filing.
13.12.100 Rate 9 --Reserved.Rate 9 shall be reserved
for future filing.
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V
RESOLUTION 30 -80
WHEREAS,Part 10 of Article 30,Title 31,Colorado Revised
Statutes 1973 establishes a new statewide retirement plan for all
full-time paid firemen and policemen in the state hired on or after
April 8,1978;and
WHEREAS,Section 31-30-1003.5,Colorado Revised Statutes 1973
provides that an employer providing social security coverage for its
police officers may elect to affiliate with the Fire and Police
Pension Association by filing a resolution with the Association;and
WHEREAS,such affiliation may be for the purpose of provid
ing death and disability coverage only,for supplemental retirement
coverage only,or for both supplemental retirement and death and
disability coverage,as the employer may choose;and
WHEREAS,supplemental retirement benefits provided by the
Association shall be in addition to social security benefits received
by the member as a result of his employment as a police officer,up
to the maximum benefit level provided by the statewide plan;and
WHEREAS,such supplemental retirement benefits shall include
credit for past service and shall be funded by contribution levels
set by the Association;and,
WHEREAS,any officers covered by both social security and a
local retirement plan established pursuant to title 31,article 30,
part 3,4,5 or 6 may elect to remain covered by the local plan rather
than the new statewide plan;
NOW THEREFORE BE IT RESOLVED by the Board of Trustees of the
Town of Estes Park that:
1.The Town of Estes Park does hereby elect to affiliate
with the Fire and Police Pension Association for the purpose of pro
viding both death and disability and supplemental retirement coverage
for its police officers;and
2.Such supplemental retirement benefits shall include credit
for a member’s past service and shall be funded by contribution levels
established by the Executive Board of the Fire and Police Pension
Association;and,
3.In accordance with Section 31—30—1003.5(2),the Town does
hereby request from the Executive Board of the Fire and Police Pension
Association an estimate of the Town’s contribution rate necessary to
comply with Part 10,Article 30,Title 31,Colorado Revised Statutes
1973;and
4.Such affiliation shall become effective ninety days after
contribution levels are established by the Association and all necessary
forms,procedures and other relevant work is completed;and,
5.This Resolution shall become effective August 12,1980
and the Town Clerk is directed to file a certified copy of this
Resolution with the Fire and Police Pension Association as soon
after August 12,1980 as is practicable.
APPROVED:,.
/
_76t
ATTEST:
H E S 0 L U T I 0 N 29-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That in compliance with Section 3.05.040 (2)of the
Municipal Code of the Town of Estes Park,Colorado,the
percentage of rental payments to be refunded to the elderly
citizens shall be .42 (.42%)of the rental payments made
during 1979.
Adopted:August 12,1980
Formulas for tax refunds to the elderly —1980:
Property Owners:.003 x assessed valuation =refund
Renters:(Established by Resolution by the Board of Trustees
according to Section 3.05.040)
(Owner).00308 =.003
=0042(Renter).0043 x
(1979)(1980)
29—80
n 0
RESOLUTION 28-80
WHEREAS,a regular meeting of the shareholders of the
Estes Park Golf and Country Club will be held at the Municipal
Building in Estes Park on Monday,the 8th day of September,
1980,for the purpose of electing a Board of Directors and the
transaction of such other business as may come before the
meeting,and;
WHEREAS,the Town of Estes Park is a shareholder in the
Estes Park Golf and Country Club.
NOW,THEREFORE,BE IT RESOLVED that the Mayor is authorized
to vote the shares of stock owned by the Town of Estes Park at
the shareholders meeting on September 8,1980.
Adopted:August 12,1980
8—80
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RESOLUTION 27-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF E$TES PARK,COLORADO:
That the Estes Park Volunteer Fire Department be and
is hereby appointed the “Emergency Response Authority”with
regard to incidents involving hazardous materials within the
corporate limits of the Town of Estes Park,as provided for in
the Colorado State Statutes 1973,as amended (Section 29—22—102
((3))).
Adopted:August 12,1980
7—8O
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RESOLUTION 26-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK,COLORADO:
That the Mayor and Clerk are hereby authorized and directed
to sign the agreement by and between the Town of Estes Park
and the Westernaires for performances to be held at Stanley
Park on August 2nd and 3rd,1980.
Adopted:July 8,1980
6—80
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R E $0 L U T I 0 N 25-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the Mayor and Clerk are hereby authorized and directed
to sign the agreement dated June 30,1980 by and between the Town
of Estes Park and McFall—Konkel &Kimball,Consulting Engineers,
Inc.for an energy audit study of the Estes Park Municipal
Building.
Adopted:July 8,1980
5—80
0 0
H E $0 L U T I 0 N 24 -80
WHEREAS the Colorado Municipal League election of Executive
Board rnembers will take place in Snowmass Village on June 26,1980;
AND WHEREAS Mayor Pro Tern Bernie Dannels has indicated a willing
ness to serve the Cities and Towns of Colorado in the capacity as a
member of the Executive Board.
NOW,THEREFORE,BE IT RESOLVED that the Board of Trustees of the
Town of Estes Park endorse and support to the best of its ability the
candidacy of Mayor Pro Tern Dannels for the position of Board Member
on the Colorado Municipal League Executive Board.
Mayor
22
Town Clerk
Adopted:June 10,1980
1-—Rn
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R E S 0 1 U T I 0 N 23-80
WHEREAS,the Municipal Subdistrict of the Northern
Colorado Water Conservancy District has negotiated an
agreement with the Colorado River Water Conservation District
and others for the proposed Windy Gap Project,and
WHEREAS,Paragraph 41 B of said agreement requires the
approval of the Town of Estes Park prior to June 30,1920,
and
WHEREAS,the Town of Estes Park desires to approve said
agreement,
BE IT RESOLVED,that the Board of Trustees of the Town
of Estes Park hereby approves the agreement between the
Municipal Subdistrict of the Northern Colorado Water Con
servancy District and the Colorado River Water Conservation
District and others,a copy of which is attached hereto as
Exhibit “A”and incorporated herein by this reference.
DATED this 10th day of June,1980.
c
Mayor
ATTEST:
Jt1 1
Tow!)Clerk
State of Colorado
County of Larimer
Town of Estes Park
I,Joan Van Horn,being the duly appointed and acting Town Clerk of
the Town of Estes Park,Colorado,do hereby certify the above to be
a true and correct copy of a resolution passed and adopted by the
Board of Trustees of the Town of Estes Park at a regular meeting
held on the 10th day of June,1980.
TOWN OF ESTES PARK
Joan Van Horn,Town Clerk
AGREEMENT CONCERNING THE WINDYGAP PROJECT
AND THE AZURE RESERVOIR AND POWER PROJECT
PART I
PARTIES
The following named entities and persons are the
Parties to this Agreement:
A.Municipal Subdistrict,Northern Colorado Water
Conservancy District,herein designated as “Subdistrict”is a
political subdivision of the State of Colorado,created under
the provisions of C.R.S.1973,37-45—101,et seq.,for the
purposes stated therein,and by Order of the Weld County
District Court,pursuant to said statute,on July 6,1970.
B.Colorado River Water Conservation District,
herein designated as “River District,”is a political subdivi
sion of and a body corporate under the laws of Colorado,
created by the provisions of C.R.S.1973,37-46-101,et seq.,
for the purposes stated therein.The River District was the
only protestant in the hereinafter referred to proceedings in
Civil Action No.1768.
C.Northwest Colorado Council of Governments,
herein designated as “NWCCOG,”is a regional planning commission
organized’pursuant to C.R.S.1973,30-28-105,and an association
of local governments contracting pursuant to Article XIV,
Section 18 of the Constitution of Colorado and C.R.S.1973,
29-1—201 et seq.,encompassing the Colorado counties of
Grand,Eagle,Summit,Jackson,Routt and Pitkin.
D.Grand County is a county of the State of
Colorado created by Article XIV of the Colorado Constitution
and C.R.S.1973,30-5-128,for the purposes stated therein.
E.Middle Park Water Conservancy District,herein
designated as “Middle Park”is a political subdivision of the
State of Colorado,created under the provisions of C.R.S.
1973,37—45-101,et seq.for the purposes stated therein.
Q
S 0.
F.Three Lakes Water and Sanitation District,
herein designated as “Three Lakes”is a special district
created under the provisions of and for the purposes set
forth in C.R.S.1973,32—10—101,et seq.
G.Ritschard Cattle Co.,Inc.;Joseph McElroy;
Isabel McElroy;Olga Hill;Clayton Hill;Howard K.Schmuck,
Jr.;Richard P.Doucette;Christine 0.Doucette;Jacques
Ranch I and Jacques Ranch II,Illinois limited partnerships;
Gene Ritschard;David Mayhoffer;John H.McElroy;Mary K.
McElroy;Edna L.Palmer;Lloyd A.Palmer;Leo Marte;Eunice
Marte;Jessie Joyce Thompson;David Howard Thompson;John
Sheriff;Ida L.Sheriff;H.Grady Cuibreath;J.Gail Cuibreath;
John L.Kemp;Crockett C.Kemp;William Henry Thompson;
Anita Lewis Thompson;Skylark Ranch Company,a Colorado
corporation;Charles C.Broady;Phyliss Broady;Blanche
Cowperthwaite dba Gore Canyon,Ltd.;Colorado River Land
Corporation;Sunset Associates,a partnership;(herein
designated as “Ranchers,”),their successors and assigns,
are,among others,owners of ranches on the Colorado River
below its confluence with the Fraser River and above its
confluence with the Blue River,which in some manner may be
affected injuriously by the construction of the Subdistrict’s
Windy Gap Project.
H.The Town of Granby,the Town of Hot Sulphur
Springs,Stanley Broome,Richard P.Doucette and Winter Park
Water and Sanitation District and several of the Ranchers are
objectors or have entered their appearance in Case No.W-4001,
Water Division 5.
PART II
DEFINITIONS
A.Windy Gap Project.A water diversion storage
and conveyance system commencing at a point on the Colorado
River just below its confluence with the Fraser River and
a
terminating at Lake Graaby,which lake is a part of the
Colorado -Big Thompson Project.
B.Azure Reservoir and Power Project.A proposed
water storage and hydroelectric power project located on the
main stem of the Colorado River approximately 8-1/2 miles
west of the Town of Kremmling.
C.Una Reservoir.A proposed water storage and
hydroelectric project on the mainstem of the Colorado River
located in DeBeque Canyon near the Town of DeBeque.
PART III
RECITALS
A.In 1968,Ralph H.Price,as trustee for the
cities of Boulder,Longmont,Estes Park,Loveland,Fort
Collins,and Greeley filed claims for certain conditional
water rights for the Windy Gap Water System,hereinafter
termed the “Windy Gap Project11 in the District Court for
Grand County in a supplemental water adjudication,Civil
Action No.1768,and under the provisions of the 1943 Adjudi
cation Act.The claims were subsequently assigned and deeded
to Subdistrict upon its creation.
B.In April,1972,hearings on the claims were
held by Michael ID.White,a Referee,appropriately appointed
to conduct such hearings.On April 8,1974,Referee White
entered his findings,conclusions of law and recommendations,
and subsequently,after several additional hearings before
both Charles F.Stewart and George E.Lohr,Water Judges for
Water Division 5,Judge Lohr by Order dated February 23,
1978,granted the conditional decrees sought by Subdistrict.
C.Upon the granting of the conditional decrees
for Subdistrict’s Windy Gap Project,River District appealed
Judge Lohr’s decision to the Supreme Court of Colorado,
Docket No.28417,where on September 14,1979,the Supreme
Court reversed Judge Lolir’s decision and remanded the action
Q C
to the Water Court of Water Division 5 for further proceedings.
Upon Petition of the Parties,the Supreme Court has now
extended the time for filing petitions for rehearing to
May 1,1980.
D.Since the decision of the Supreme Court on
September 14,1979,representatives of Subdistrict,River
District,NWCCOG,Grand County,Middle Park,and the Ranchers
have met upon numerous occasions to resolve the differences
existing between the Parties in an effort to reach an agreement
which would permit Subdistrict to construct its Windy Gap
Project by devising a plan for the design,construction and
operation of the Project which would comply with the provisions
of C.R.S.1973,37-45—1l8(1)(b)(IV)and to mitigate any and
all adverse impacts thereof.
E.On December 12,1978,Subdistrict filed an
application for water right in the Water Court for Water
Division 5 (Case No.W-4001)seeking an enlargement of its
conditional decree for the Windy Gap Pump,Pipeline and Canal
by 100 cubic feet per second.This application has been ob
jected to or entries of appearance made,by NWCCOG,River
District,Middle Park,Town of Granby,Jacques Ranch I and
Jacques Ranch II,Richard P.Doucette,Town of Hot Sulphur
Springs,Winter Park Water and Sanitation District,Board of
Grand County Commissioners for Grand County,Ritschard Cattle
Co.,Inc.and Stanley Broome.The application is presently
pending in Water Division 5.
F.The Parties have reached an agreement as a
result of such meetings and discussions referred to above in
Part III,paragraph D,and now wish to execute this Agreement
specifying the terms and conditions thereof.
THEREFORE,in view of the foregoing,the Parties
hereby agree as follows:
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PART IV
PURPOSE OF AGREEMENT
1.The purpose of this Agreement is (1)to permit
the Subdistrict immediately to commence and complete the
construction of its Windy Gap Project,as evidenced by its
decrees,and (2)to permit the immediate planning of the
Azure Reservoir and its power features,herein designated as
the “Azure Reservoir and Power Project,”in order that the
Project may be under construction within fifteen (15)years
from the date hereof or sooner.
2.Implementation of the provisions of this
Agreement satisfies and constitutes compliance by Subdistrict
of its obligations under C.R.S.1973,37-45-ll8(l)(b)(IV),
insofar as the Parties hereto are concerned,and is in compli
ance with all requirements for obtaining valid conditional
water rights for all components of the Windy Gap Project.
3.Implementation of the provisions of this
Agreement will constitute compliance with all objections to
the Draft Environmental Impact Statement for the Windy Gap
Project by any Party hereto,furnishes satisfactory mitigation
measures for the development of the Windy Gap Project and
following a hearing and decision of the Grand County Commis
sioners under paragraph 36 (assuming the decision is favorable)
will constitute compliance with all valid permitting require
ments imposed by any of the Parties.
4.Implementation of the provisions of this
Agreement,specifically Part V,paragraph 16,is to insure
that Subdistrict will plan,design and construct such facilities
as are necessary to allow Ranchers to continue to divert
their existing senior decrees at no additional cost other
than that which would have occurred had the Windy Gap Project
not have been constructed.
5.The Agreement constitutes a desirable and
practical method and approach for the financing and construction
:.0 a
of the Azure Reservoir and Power Project for the benefit of
the prospective users of Colorado River water for irrigation
and other beneficial consumptive uses,and,further implemen
tation of this Agreement by all Parties is a further step in
providing continued cooperation of both the East and West
Slopes of Colorado in the development of all of Colorado’s
water resources for the beneficial use of all citizens of the
State of Colorado.
PART V
AGREEMENTS OF SUBDISTRICT
6.Subdistrict,as expeditiously as reasonably
possible,will use its best efforts to cause the Azure Reservoir
and Power Project to be constructed at or near its decreed
location on the Colorado River to its maximum feasible capacity
at the Subdistrict’s sole cost and at no cost to the River
District,except as hereinafter provided,or to any citizen
or entity of Colorado West of the Continental Divide,including
Jackson County.Provided,however,that determination of the
maximum feasible capacity of Azure Reservoir (estimated to be
28,000 to 30,000 acre feet)shall include an evaluation of
the cost effectiveness of protective works and facilities
required to prevent interference with the maintenance and
use of the Denver and Rio Grande Railroad.In determining
cost effectiveness,if the incremental value (over the life
of the Azure Project)of the gain in storage capacity and
power production by construction of protective works exceeds
the cost of such works,such protective works shall be
included as part of the Project.All necessary Federal,
State or local permits and licenses required by law shall be
obtained by Subdistrict at its sole cost.River District
will cooperate and aid,including participation as a joint
applicant,Subdistrict in obtaining such permits and licenses.
Costs incurred by the River District in cooperating,aiding,
or as a joint applicant,in the obtaining of necessary
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7.All water released from Azure Reservoir shall,
unless impracticable,be released through the power plant,
and all power produced from Azure Power Plant shall be marketed
upon terms and conditions mutually satisfactory to the Sub
district and River District by an entity to be selected by
the Subdistrict and River District.Revenues produced from
the marketing of said power shall be applied in the following.
order:
First:To payment of all annual operation and
maintenance costs associated with Azure Reservoir and
Power Project including the maintenance of adequate contin
gency funds.
Second:To payment of annualized debt service
(including therein preconstruction costs and those costs
incurred by Subdistrict pursuant to paragraph 16)
incurred by the Subdistrict in the construction of Azure
Reservoir and Power Plant for the repayment period of
any bonds issued to finance the Azure Reservoir and
Power Project.
Third:To payment to Middle Park for hydroelec
tric power produced from Middle Park water released
pursuant to paragraph 9,subparagraph First.
Fourth:All sums remaining after the payments
contemplated in subparagraphs First,Second and Third
(or after retirement of all debt described in subparagraph
Second)shall be divided equally between Subdistrict and
River District to be utilized as they may individually
determine;or,Subdistrict may elect to receive its one
half of the revenues in electrical energy or to have its
one half of any such revenues applied to the payment of
its power costs for the Windy Gap Project.
8.Title to the Azure Reservoir and Power Project
facilities or alternate facilities contemplated hereunder
will be transferred by Subdistrict to River District upon
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repayment of all advance costs incurred by Subdistrict
following the date of this Agreement in the development of
said Project or as may be provided for or required by any
bond covenants entered into by Subdistrict for the financing
of the Azure Reservoir and Power Project.
9.The capacity of Azure Reservoir,with due
regard being given to Project hydroelectric capabilities,
shall be allocated as follows:
-First:An amount not to exceed 2000 acre feet
of water to Middle Park to be marketed by that entity
within the geographic area of Middle Park or as may be
authorized by statute.On or before the first day of
each water year Middle Park shall notify the entity
operating Azure Reservoir and Power Plant,the Subdistrict
and the River District,of the quantity of water to be
allocated to Middle Park for which Middle Park has or
expects contracts for the use thereof in the coming
water year.Such quantity of water will be retained to
Middle Park’s account,to be released as directed by
Middle Park.The volume of water,if any,not disposed
of by Middle Park up to said 2000 acre feet shall be
disposed of pursuant to the provisions of subparagraph
Third of this paragraph 9,provided,however,that all
power revenues produced from said 2000 acre feet shall
be credited to the account of Middle Park pursuant to
paragraph 7,subparagraph Third.In the event Middle
Park exercises its option upon completion of Azure
Reservoir to utilize its additional 1000 acre feet of
water in Azure Reservoir as set forth in paragraph 17,
then the figure of 2000 acre feet herein shall be changed
to 3000 acre feet.
Second:An amount not to exceed 3000 acre
feet of water to Subdistrict to be used as replacement
for out-of-priority diversions of the Windy Gap Project;
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provided,if not so needed on an annual basis on or
before October 31 of each year,then such water will be
subject to the provisions of subparagraph Third of this
paragraph 9.The amount of water herein allocated to
Subdistrict may be reduced to 2000 acre feet depending
on the election of Middle Park as provided in Paragraph 17.
Third:The balance of the water yield of
Azure Reservoir shall be marketed by River District in
Colorado for the benefit of western Colorado on terms
and conditions to be determined by River District.All
revenues derived from the marketing of this water shall
be the property of River District.Provided,the alloca
tions herein made shall be subject to the operational
priorities established in paragraph 10 hereof.Should a
dispute arise between the Parties hereto concerning any
conflict between the operating priorities described in
paragraph 10 and a specific contract for disposition of
Azure water,it shall be resolved by the Water Judge for
Water Division 5,subject to appeal as provided by law.
The Ranchers to the extent of their interest,if any,
shall be represented in any such proceeding by Middle
Park and River District pursuant to said Districtts
statutory obligations at no cost to the Ranchers.
10.Azure Reservoir and Power Project shall be
operated by an entity to be selected by mutual agreement
between Subdistrict and River District.The reservoir shall
be operated by the selected entity as nearly as practicable
according to the following priorities:
First:To comply with and satisfy the terms
and provisions of C.R.S.1973,37—45—1l8(l)(b)fIV).
Second:To satisfy future beneficial consump
tive uses of water in Colorado for the benefit of western
Colorado and to replace out-of-priority Windy Gap Project
diversions as set forth in paragraph 9,subparagraph
Second hereof.
(Th
Third:To generate hydroelectric power.
Fourth:To the extent compatible with the
foregoing primary priorities,for aesthetic,recreational
and other nonconsumptive uses,provided,that the opera
tional integrity of the Azure Reservoir and Power Project
is maintained and the safety of the public is protected.
The governmental entity making use of the Project for
these purposes shall assume in a separate agreement with
Subdistrict and River District all resulting operational
and maintenance costs and all liability of any nature
arising from the use of the Project for such public
purposes.
11.During preconstruction,design and construction
activities,it may be necessary to modify project design or
relocate project features.Should such situation arise,
decisions related thereto will be made by mutual agreement of
Subdistrict and River District with advice of all such changes
to Middle Park.
12.At any time during a period of 15 years,or of
any extended time mutually agreed upon by Subdistrict and
River District,from the date of initiation of construction
of the Windy Gap Project,the Subdistrict and the River
District may by mutual agreement determine that it is no
longer feasible to pursue the construction of Azure Reservoir
and Power Project for engineering or other reasons.Should
Subdistrict and River District so mutually agree,then likewise
by mutual agreement of such parties,an alternate facility
shall be selected for construction at the cost of the Subdis
trict,which facility shall be located,if practicable,
within the geographic area of Middle Park.Said alternate
facility shall be comparable to Azure Reservoir in the sense
that it can provide substantially similar benefits to the
Parties hereto;provided,the hydroelectric features may be
omitted if not feasible and the costs and benefits related
0 o
thereto likewise may be omitted from the alternate selected.
If hydroelectric features are constructed as a part of such
alternate facility,the power revenues therefrom shall be
distributed and allocated as set forth in paragraph 7.The
nonreirnbursable costs of construction of such alternate
facility shall not exceed,so far as the obligation of
Subdistrict is concerned,excluding the costs of compliance
with paragraph 16,the sum of $10,000,000 escalated or
deescalated from the date of this Agreement in accordance
with the ENR (Engineering News Record)“Irrigation and Hydro
Cost Index for the West”to the date of award of contract
for the construction of the alternate facility.If said
alternate facility has included therein hydroelectric features,
Subdistrict shall include in said $10,000,000 the previously
incurred costs relating to the Azure Reservoir and Power
Project and the costs of compliance with paragraph 16.
Should construction of the Azure Reservoir and
Power Project not be initiated within 15 years from the date
of initiation of construction of the Windy Gap Project,or in
the case of an alternate facility,within 20 years of said
date,and any extension thereof mutually agreed to by River
District and Subdistrict,then the Subdistrict shall have the
right to apply to the Water Judge for Water Division 5,
subject to the right of appeal,for a determination that
under the then extant conditions,the Subdistrict’s actions
hereunder,other than construction of the Azure Project or the
alternate facility,constitute adequate compliance with
C.R.S.1973,37—45-118(1)fb)(IV)to the end that Subdistrict
shall be relieved from any further duty in relation to its
Windy Gap Project diversions and said statute.
Should the parties hereto agree to forego additional
work toward construction of the Azure Reservoir and Power
Project or the alternate facility contemplated hereunder,
and/or the Water Court should relieve the Subdistrict from
any further duty,the Subdistrict shall forthwith assign to
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the River District all permits,licenses,engineering plans,
drawings,specifications and other material acquired or
produced by the Subdistrict or others in connection with the
Azure Project or said alternate facility.River District
shall have the right to proceed with said Project(s)free of
the obligations of this Agreement with respect thereto.To
the extent the failure to initiate construction within the
periods herein contemplated for Azure Reservoir and Power
Plant,or the alternate facility,is due to reasonably avoidable
fault or delay on the part of Subdistrict,the time within
which construction was to have been initiated shall be extended
a like period.For the purposes of this Agreement,the
initiation of construction shall be deemed to have occurred
on the date construction contracts are signed which result in
physical onsite work on the facilities contemplated hereunder.
All lands and rights-of-way,if any,acquired by Subdistrict
for said Project may be acquired by River District at cost,
plus interest thereon at the rate being paid by Subdistrict
thereon,if notice of River District’s desire to obtain said
lands and rights-of-way is given to Subdistrict in writing
within six months after any agreement to forego said additicnal
work.
13.Windy Gap Project diversions will be made
strictly under the priority system (including exchanges),
thus protecting all conditional and absolute water rights
senior in priority,unless specifically subordinated to Windy
Gap decrees.
14.Subdistrict will comply with all terms and
provisions of Senate Document 80 in the design,construction
and operation of the Windy Gap Project.
15.The Parties acknowledge and agree that Sub
district may initiate immediately the construction of its
Windy Gap Project prior to the construction of Azure Reservoir
and Power Project,which latter facility is intended to
comply with the provisions of C.R.S.1973,37—45—118(1)(5)(IV);
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provided that no water may be diverted from the western slope
of Colorado (from streams west of the Continental Divide)
through said Windy Gap Project facilities prior to the initia
tion of construction of such facilities contemplated in
paragraphs 6 and 12 hereof,or it is determined that such
facilities will not be constructed pursuant to the provisions
of paragraph 12;provided,however,that in the event of
actual requirements by any or all of the Windy Gap Project
participants for water for initial domestic,municipal or
power purposes within the boundaries of the Subdistrict,
directly or by exchange,diversions to the extent of such
requirements may be made with the prior consent of River
District and such consent shall not be unreasonably withheld.
Subdistrict shall have the right to make the maximum
diversion necessary or possible,pursuant to paragraph 3(d)
of that Carriage Contract,Contract No.14-06-700—7497,
between the Northern Colorado Conservancy District,United
States of America and Subdistrict,dated October 3,.1973,in
any one year only and when the diversion will not interfere
with any beneficial consumptive use of water from the Colorado
River and its tributaries in western Colorado.
Diversions by the Windy Gap Project prior to com
pletion of adequate facilities for diversion of water by
Ranchers shall not interfere with the delivery into Ranchers’
diversion facilities of their presently decreed prior rights
to water.
16.Subdistrict within one year after initiation of
the construction of the Windy Gap Project is under construction,
will advance a sum sufficient for the following purposes:
(1)payment of $25,000 to Grand County for salinity studies
of the Colorado River (the results thereof to be made available
without cost to all other parties hereto),(2)payment to
the Town of Hot Sulphur Springs of $150,000 for assistance
in improving its water treatment facility and $270,000 for
assistance in improving its waste water treatment facility,’
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and (3)such additional sums as needed for Subdistrict to
plan,design and construct facilities needed by the Ranchers
for the diversion and delivery of the Ranchers’senior
decreed water rights from the Colorado River.Said sums,
when paid by the Subdistrict and expended or obligated,
shall not be recoverable in the event the Subdistrict voids
this Agreement under the terms of paragraph 41 below.
Subdistrict shall design and construct such facilities in
accordance with specifications approved by the State Engineer.
Ranchers agree that the design of any such facility when
approved by the State Engineer,constitutes compliance of
the design requirements by Subdistrict.Subdistrict agrees
to replace and reconstruct such facilities at its own cost
if the same prove to be defective at any time within seven
(7)years after completion of the Windy Gap Project.If
the efficiency or purpose of such facility is rendered
ineffective or defective for delivery of existing decreed
water to a Rancher because of any action by or operation of
Subdistrict,the Subdistrict agrees to correct such defect
at its own cost.Subdistrict agrees to process and obtain
such permits as necessary to permit construction of Ranchers’
facilities.
Individual contracts shall be negotiated with each
Rancher in order to meet the requirements of this paragraph,
including necessary construction easements,subject,however,
to the limitations contained in this Agreement.The contracts
for construction of such facilities shall be finalized within
90 days after the Windy Gap Project is under construction,
and if not finalized within said period,Subdistrict may
proceed to construct said facilities as designed by Subdistrict
and approved by the State Engineer.
17.Subdistrict will dedicate and set aside annually,
but noncumulatively,the following amounts of water produced
from the Windy Gap water supplies to be stored as follows:
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(a)Prior to the construction of Azure Reservoir
and Power Project,or alternate facility,the Subdistrict
will place 3000 acre feet of water in Granby Reservoir
for beneficial use,without waste,in Middle Park and
will release 2000 acre feet thereof for all beneficial
uses,except for instream uses and industrial uses
(unless the industrial use is within a municipality and
through its municipal water system),and the additional
1000 acre feet of such water for municipal and domestic
uses in Middle Park.The release of this 1000 acre feet
shall be made only if domestic and municipal uses in
Middle Park have not been met adequately from the 2000
acre feet of water previously released.
(b)After the Azure Reservoir and Power
Project,or alternate facility,has been constructed,
the Subdistrict will place 2000 acre feet of water in
Granby Reservoir for beneficial use,without waste,in
Middle Park and will release said 2000 acre feet for all
beneficial uses,except for instream uses and industrial
uses (unless the industrial use is within a municipality
and through its municipal water system).Subdistrict
will additionally place,at the direction of Middle
Park,1000 acre feet of water in either (1)Azure Reser
voir,or the alternate facility,for all beneficial uses
in Middle Park and thereby reduce the 3000 acre foot
capacity reserved to Subdistrict in paragraphs 9 Second
and 29 to 2000 acre feet,or (2)Granby Reservoir for
municipal and domestic uses in Middle Park.If said
1000 acre feet is placed in Granby Reservoir,all pumping
costs incurred by Subdistrict to store said water in
Granby Reservoir shall be reimbursed annually to Subdis
trict by Middle Park.
These waters shall be released by Subdistrict,upon
request of Middle Park and subject to operational criteria
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established by the United States.Any water so stored in
Granby Reservoir shall be the last of any Subdistrict water
to be spilled from Granby Reservoir,if such spill is required.
18.Subdistrict will not claim the use of Green
Mountain Reservoir for replacement purposes for the Windy Gap
Project operation.
19.Subdistrict will apply for an NPDES permit for
diversion and carriage of water to Granby Reservoir if the
same is required by law.
20.Subdistrict will pay its proportionate share
of any direct mitigation costs attributable to salinity on
the Colorado River which legally may be imposed at a future
date by any competent authority and which is proportionately
required of all users in Colorado of Colorado River water.
21.Subdistrict agrees to a water classification
for Granby Reservoir,Shadow Mountain Reservoir and Grand
Lake which will permit all present beneficial uses of these
reservoirs or lakes,but reserves its right to contest imposi
tion of water quality regulations on its activities.
22.Subdistrict will not oppose the dredging of
Shadow Nountain Reservoir for water quality purposes,provided
that such work is scheduled in such a manner as to not inter
fere with the essential operations of the Colorado-Big Thompson
Project and the Windy Gap Project.
23.Subdistrict shall withdraw its opposition to
any present River District Water Court proceedings in Water
Division 5 and 6.As long as Subdistrict is proceeding
diligently in the planning and construction of the Azure Reservoir
and Power Project,or its alternate,or the same is constructed,
River District agrees not to make a call on Subdistrict water
rights for the benefit of any of its present conditional
decrees with diversion points on the main stem of the Colorado
River above the confluence of the Colorado and Roaring Fork
Rivers,nor as to storage below such point on the Colorado
C
River to the extent the same will probably fill from other
sources as determined by mutual agreement between the River
District and Subdistrict.In the event of disagreement,such
determination shall be made by the Division Engineer,Water
Division No.5.Provided,further,however,that to the
extent that vacant capacity in Una Reservoir is created by
power releases only,and the water so released not beneficially
consumptively used in Colorado,that capacity shall be subor
dinated to the Windy Gap Project.This Agreement not to call
shall become ineffective,except as to the capacity in Una
Reservoir created by water releases for power purposes only,
in the event of release by the Water Court of Subdistrict’s
duty to construct Azure Reservoir and Power Project,or its
alternate facility.Further,Subdistrict will not oppose any
present or future applications of River District in Water
Division 5 and 6 unless the same may affect the administration
of the Subdistrict’s Windy Gap water rights on the main stem
of the Colorado River.
24.Subdistrict agrees to bypass at the Windy Gap
Reservoir diversion site at all times the lesser of the
following:(1)Such amount as may be necessary to satisfy
all senior decrees of the Ranchers and to provide such minimum
stream flow in that stream segment of the Colorado River
below the Windy Gap Project and above the confluence of the
Blue River and the Colorado River as may be determined by the
Colorado Division of Wildlife and subsequently decreed to the
Colorado Water Conservation Board pursuant to C.R.S.1973,
37—92—102(3),or (2)the natural flow of the river at the
Windy Gap Reservoir diversion site if the natural flow is
less than (1)hereof.It is the intent of the Parties that
the amount of bypass by Subdistrict contemplated herein is
based upon valid existing decrees and shall not be increased
by future changes in stream regimen caused by changes in point
of diversion,changes in type,place or extent of use,or
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future junior decrees on this segment of the River,including
tributaries thereto.Further,it is not the intent of this
provision to preclude Ranchers from exercising their senior
rights against any or all junior existing conditional or
future rights on the Colorado River or its tributaries or to
supersede those rights guaranteed to Ranchers by C.R.S.1973,
37—86—113.
Further,Subdistrict agrees not to oppose the
application for minimum stream flow made by the Colorado
Water Conservation Board for this purpose if the same is not
in conflict with the provisions hereof,and to assist in
supporting the integrity thereof,if necessary.
Subdistrict agrees to the installation,at no cost
to Ranchers,of a stream gaging station on the Colorado River
in the vicinity of the present diversion structure of the
Kinney—Barriger Ditch,and at such other points on the Colorado
River as may be necessary as determined by State Engineer and
the Colorado Water Conservation Board,to adequately monitor
the minimum stream flows as set forth in this paragraph.
25.Subdistrict agrees to subordinate its Windy
Gap decrees to all present and future in—basin irrigation,
domestic and municipal uses,excluding industrial uses,on
the Colorado and Fraser Rivers and their tributaries above
the Windy Gap Reservoir site.
26.Subdistrict agrees that no additional water or
water supplies will be carried through the Windy Gap facilities
unless such conveyance complies with the provisions of C.R.S.
1973,37—45—118(1)(5)(IV).
27.Subdistrict will cooperate with all parties in
permitting public use for recreational purposes of the land
owned by Subdistrict at the Windy Gap Reservoir site upstream
of the diversion dam,provided that the operational integrity
of the Windy Gap Project is maintained and the safety of the
public is protected.Grand County,or other responsible
governmental agency,in a separate agreement with Subdistrict
shall assume all operation and maintenance costs and all
liability of any nature for use of the facility by the public
for recreational purposes.Subdistrict will maintain the
Windy Gap Reservoir full at all times following the termination
of diversions in the fall and prior to the start of diversions
in the spring,provided,however,that the reservoir may be
temporarily drained during this period for any maintenance or
improvements.
28.Three Lakes intends to construct a sewer
project that will collect sewage effluent presently discharging
into Grand Lake,Shadow Mountain Reservoir and Lake Granby
and will carry such effluent to new treatment facilities to
be constructed in the Willow Creek drainage.At the request
of the Northern Colorado Water Conservancy District,Three
Lakes has agreed to construct such ditches and related facili
ties as are necessary to allow the effluent from its proposed
new treatment facilities to flow by gravity to a point on
Willow Creek above the headgate of the Bunte Highuine Ditch
in order to reduce the quantity of water required to be
released from Willow Creek Reservoir to meet the call of said
ditch.Northern Colorado Water Conservancy District has
agreed that the construction of such facilities will satisfy
any obligation of Three Lakes that might be asserted to arise
because of depletions to Colorado—Big Thompson Project water
rights and storage facilities resulting from construction of
the Three Lakes project.Except for the costs of the initial
construction of the treatment facilities,the ditches and
related facilities,and maintenance of them,Subdistrict
shall pay any and all costs required to implement the exchange,
or incurred as a result of such exchange,of Three Lakes
sewage effluent for water that would otherwise be required to
be released from Willow Creek Reservoir to meet the call of
the Bunte Highline Ditch,including all costs incurred to
Amt.Decreed
25,583.6 a.f.
63,803.5 a.f.
1,000 c.f.s.
C C
obtain any permits or other approvals required by law in
order to implement such exchange.
PART VI
AGREEMENTS OF RIVER DISTRICT
29.River District and Middle Park agree to provide
for the purpose and subject to the limitation contained in
paragraph 9,subparagraph Second,3,000 acre feet of capacity
in Azure Reservoir or substitute facility built pursuant to
this Agreement for the use and benefit of the Subdistrict,
thereby reducing the entitlement of Middle Park in Azure
Reservoir to 2000 acre feet.
30.River District will make satisfactory arrange
ments to permit joint or other appropriate use by Subdistrict
of its pending Federal Energy Regulatory Commission (FERC)
application for a preliminary permit for the Azure Reservoir
power features or for such other appropriate arrangement as
may be agreed upon by River District and Subdistrict.
31.For the purposes of this Agreement the following
decrees for Azure Reservoir and Power Plant shall be utilized:
Water Case Adjudicated
Structure District No.Date
a.The Azure Reservoir 53 1277 10-19-62
b.First Enlargement of 53 1416 9-13-67
Azure Reservoir
c.Azure Reservoir Power Division 5 W-3991
Conduit and Power
Plant,First Enlarge
ment
d.Such other decrees as may be necessary to operate the Azure
Project in accordance with this Agreement.
Appropriation Date Priority No.
___________
a.7—21—58 433
b.7—21—58 482
c.9—29—78 —
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PART VII
MUTUAL AGREEMENTS OF ALL PARTIES -
32.Each Party to this Agreement agrees not to
object to the Subdistrict obtaining any and all licenses,
permits,rights-of-way or other approvals required to permit
the immediate construction of the Windy Gap Project.All
such Parties agree to withdraw any former opposition to any
such licenses,permits,rights-of-way or other approvals and
further to not make any further objections or adverse comments
concerning the granting thereof.
33.Each Party to this Agreement will cooperate in
obtaining all licenses,permits,rights-of-way,or other
approvals necessary or required to permit the construction of
the Azure Reservoir and Power Project.If any person or
entity not a party to this Agreement should oppose the
construction of the Azure Reservoir and Power Project in such
a manner that said Project cannot be under construction
within 15 years,each Party,to the best of its ability,will
do everything possible to encourage the withdrawal of any
such objections so as to permit the construction of the Azure
Reservoir and Power Project as expeditiously as possible.
34.Each Party hereto will not oppose the granting
of Subdistrict’s 1967 and 1978 appropriation dates for the
various features of the Windy Gap Project and for a new
appropriation of not to exceed 200 c.f.s.if such enlargement
is necessitated by reason of a need for a bypass imposed by
virtue of the provisions of paragraph 24 hereof.Subdistrict
may divert under its decrees an amount of water not in excess
of 90,000 acre feet in any one year,and not to exceed an
average of 65,000 acre feet per year in any consecutive ten
year period.It is anticipated by the Parties that the long
term annual yield of water to the Subdistrict will be approxi
mately 54,000 acre feet.
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35.All Parties agree that Subdistrict may proceed
immediately to construct the Windy Gap Project upon filing of
a final Environmental Impact Statement by the Water and Power
Resources Service (formerly United States Bureau of Reclamation)
for the Windy Gap Project and after the appropriate 30 day
waiting period has expired,and each agrees to not request or
require that a draft Environmental Impact Statement simultan
eously be prepared for the Azure Reservoir and Power Project
as each Project is a separate and distinct Project which is
not dependent upon any other Project for construction.The
Parties recognize that if Azure Reservoir and Power Project
cannot be built for any reason,an appropriate alternative
project may then be selected under the terms of this Agreement
and it is impossible now to determine which project,if any,
will be built.The Subdistrict and River District agree that
the Subdistrict will furnish all data and information necessary
to enable the appropriate federal entity to comply with NEPA
requirements for the Azure Reservoir and Power Project,or
alternative thereto,as a separate project.All environmental
concerns a-mnong the Parties regarding the Windy Gap Project
have been resolved by this Agreement regardless of whether
none,all or only one facility is constructed and operated.
36.Grand County,NWCCOG,and Subdistrict further
agree that this Agreement is an intergovernmental agreement
pursuant to Article XIV,Sec.18 of the Colorado Constitution
and Sec.29—1—201 to 203,inclusive,anong all governmental
entities hereto and contains all standards upon which Grand
County will base any or all decisions for the Windy Gap
Project,including 1041,zoning and environmental decisions.
Each governmental entity,however,reserves the right to
contest any 1041 and zoning regulations or actions which at
any later time may be adopted or pursued by Grand County or
others if such regulations or actions would in any manner
affect the construction or operation of any such facility or
C a
facilities.If the decision of Grand County is not in accord
with this Agreement,it is understood and agreed to by all
parties hereto that the Subdistrict reserves the right to
contest the application of any or all Grand County requirements,
including 1041,zoning or environmental application,permit
or approval requirements as to Subdistrict activities pursuant
to this Agreement.
37.Within the limits and conditions contained
herein,Subdistrict may build and operate such facilities as
needed to accomplish the purposes of this Agreement.
38.All Parties agree that this Agreement shall not
bind Ranchers to any financial commitment for implementation
thereof.
39.The Parties agree that upon request of any
party to this Agreement they will join with Subdistrict,and
other interested parties,in the defense of any litigation
against the construction or operation of either the Windy Gap
Project or Azure Reservoir and Power Project,or alternative
project,by persons or entities who are not parties to this
Agreement.However,this provision shall not be construed to
require any financial participation of any type from Ranchers
or Three Lakes.
40.Within 30 days after the issuance of a 1041
permit and any other necessary Grand County approvals pursuant
to paragraph 36,Subdistrict and the Northern Colorado Water
Conservancy District will withdraw from Civil Action 79CV173,
Denver District Court,and from Civil Action 79CV5133,presently
pending in the Denver District Court,Denver,Colorado by
stipulation of the Northern Colorado Water Conservancy District
and Subdistrict and all parties defendant to these actions,
which stipulation shall embody the terms of this Agreement,
and agree that the actions and claims represented thereby
shall not be refiled except in accordance with the rights
reserved to Subdistrict under the terms of this Agreement.
0 0
41.The Parties hereto agree that this Agreement shall be
either void or extended in certain circumstances.Therefore,
unless conditions (a)and (b)are met,this Agreement shall
be void:
(a)All signatory parties identified herein have
validly executed this Agreement by June 30,1980 unless the
necessity thereof has been specifically waived by
Subdistrict.
fb)Approval of Agreement by all six of Subdistrict
participants by June 30,1980.
To the extent that the conditions in the following subparagraphs
Cc),Cd),Ce)and (f)delay beyond June 30,1983 the initiation
of construction of the Windy Gap Project and the implementation
of this Agreement,all time periods provided for in paragraph 12
herein shall be extended for a time equal to the period of delay.
(c)A determination has been made that NEPA compliance
for the Azure Reservoir and Power Project is not required
as a condition precedent for NEPA compliance for the Windy
Gap Project.
(d)Approval is given by Subdistrict Bond Counsel on
the legality and appropriateness of Subdistrict issuing
revenue bonds for the construction of the Windy Gap Project
and Azure Reservoir and Power Project,all as set forth
herein,and if necessary,confirmation of this Agreement
by the District Court for Weld County,Colorado,pursuant
to C.R.S.1973,37—45—143,and enactment of such legislation
as may be needed to permit Subdistrict to accomplish the
purpose and substance of this Agreement.
(e)A final Environmental Impact Statement and all
necessary federal,state and local permits and clearances
for the Windy Gap Project are issued,no litigation is
pending,and the Subdistrict is able to proceed with
completion and operation of the Windy Gap Project in
accordance with the terms of this Agreement.
(f)Approval of this Agreement by the Water Judge,
Water Division 5,State of Colorado in accord with the
terms of this Agreement,and entry of final decrees to
Subdistrict for a total of 600 c.f.s.of water for the
Windy Gap Project.
42.This Agreement may be filed by any Party
hereto in any court or administrative proceedings as a
Stipulation of and between the appropriate parties to any
such proceedings.
THIS AGREEMENT may be executed in counterparts,each
of which must be executed by Subdistrict and River District,and
shall inure to and be binding upon the Parties,their personal
representatives,successors and assigns,as appropriate.
Dated and signed as of the 30th day of April,1980.
MUNICIPAL SUBDISTRICT,NORTHERN
COLORADO WATER CONSERVANCY DISTRICT
Secretary
ATTEST:
Clerk of the Board
ATTEST:
Tom Isaac,
Secretary/Treasurer
ATTEST:
Secretary
ATTEST:
(TA1rV
Prsident
•O”L9ADO RIVER WATER CONSERVATION
,.-6ISTRICT
By________________________________
President
ATTEST:
Secretary
ATTEST:
BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF GRAND,COLORADO
By
Herbert Ritschard,Chairman
NORTHWEST COLORADO COUNCIL OF
GOVERNMENTS
By
Keith Troxel,Chairman
THREE LAKES WATER AND SANITATION
DISTRICT
By
President
WINTER PARK WATER AND SANITATION
DISTRICT
By
President
C a
ATTEST:MIDDLE PARK WATER CONSERVANCY DISTRICT
__________________________
By______________________________
Secretary President
ATTEST:TOWN OF HOT SULPHUR SPRINGS,
COLORADO
___________________________
By_______________________________
Town Clerk Mayor
ATTEST:TOWN OF GRANBY,COLORADO
________________________
By_____________________________
-Town Clerk Mayor
ATTEST:RITSCHARD CATTLE CO.,INC.
___________________________
By_______________________________
Secretary President
ATTEST:SKYLARK RANCH COMPANY,a Colorado
corporation
__________________________
By______________________________
Secretary President
ATTEST:GORE CANYON,LTD.,a Colorado
corporation
___________________________
By____________________________
Secretary President
ATTEST:COLORADO RIVER LAND CORPORATION
_________________________
By_____________________________
Secretary President
JACQUES RANCH I,a limited
partnership
__________________________
By______________________________
David Mayhoffer General Partner
________________________
JACQUES RANCH II,a limited
Lloyd A.Palmer partnership
__________________________
By______________________________
Edna L.Palmer General Partner
Leo Marte Joseph McElroy
Eunice Marte Isabel McElroy
Jessie Joyce Thompson John H.McElroy
David Howard Thompson
John Sheriff
Ida L.Sheriff
H.Grady Cuibreath
J.Gail Cuibreath
John L.Kemp
Crockett C.Kemp
William Henry Thompson
Anita Lewis Thompson
j
Mary K.McElroy
Olga Hill
Clayton Hill
Howard K.Schmuck,Jr.
Richard P.Doucette
Christine 0.Doucette
Gene Ritscliard
Charles G.Broady
Phyliss Broady
Stanley Broome
SUNSET ASSOCIATES,a partnership
By
General Partner
Blanche Cowperthwaite
John Taussig
C.C
R E S 0 L U T I 0 N 22-80
WHEREAS,Section 8—41—106(1)(a)(b),CRS 1973,as amended,pro
vides that any elected or appointed official of any town who receives
no compensation for his service as such official,other than reimburse
ment of actual expenses,may,at the option of the governing body of
said town,be deemed not to be an employee of said town.
WHEREAS,the Board of Trustees of the Town of Estes Park has
determined that the following officials of the Town are not to be deemed
employed under the Town’s Workman’s Compensation coverage.
THEREFORE,BE IT RESOLVED,under the provisions of Section 8-41-
106 (1),CR5,1973,as amended,the Board of Trustees of the Town of
Estes Park hereby elects to exclude uncompensated public officials as
employees of the following boards or commissions:
Estes Park Planning Commission
Estes Park Board of Adjustment
Estes Park Firemen’s Pension Board
BE IT FURTHER RESOLVED that this Resolution be transmitted to
the Colorado Division of Labor so that said option can be properly
exercised.
Passed and adopted this 10th day of June,1980.
ATTEST:c/Mayor
(k /
Town Clerk
State of Colorado
County of Larimer
Town of Estes Park
I,Joan Van Horn,being the duly appointed and acting Town Clerk of
the Town of Estes Park,Colorado,do hereby certify the above to be
a true and correct copy of a resolution passed and adopted by the
Board of Trustees of the Town of Estes Park at a regular meeting
held on the 10th day of June,1980.
TOWN OF ESTES PARK
Joan Van Horn,Town Clerk
0
RESOLUTION 21-30
BE IT RESOLVED BY THE BOARD OF TRSUTEES OF THE TOWN OF ESTES
PARK,COLORADO:
That the Mayor and Clerk are hereby authorized and directed to
sign the agreements by and between the Town of Estes Park and the
following:
Boulder Hunter Jumper Club for performances to be held
August 6 —10,1980,
Circle J Morgan Horse Association for performances to
be held July 10 —13,1980.
Adopted:May 27,1980
R E $0 L U T I 0 N 20-80
BE IT RESOLVED:
That the Estes Park Comprehensive Plan,also known as the
Estes Park Master Plan,dated May 17,1977 and amended by the
Estes Park Planning Commission on July 1$,1978,be and the
same is hereby amended by adopting the attached amendments
marked ‘tExhibit A.
Adopted:Estes Park Planning Commission —May 20,1980
ATTEST:
Board of Trustees —May 27,1980
Chairman
Estes Park Planning Commission
f1Lt
Sectary
Est Park Planning Commission
ATTEST:
‘tt 2&Lc )L
Town(9lerk
State of Colorado)
County of Larimer)
I,Joan Van Horn,being the duly appointed and acting Town Clerk of the Town
of Estes Park,and the Secretary of the Estes Park Planning Commission,do
hereby certify the above to be a true and correct copy of a Resolution passed
and adopted by the Estes Park Planning Commission on May 20,1980 and by the
Board of Trustees of the Town of Estes Park on May 27,1980.
2
0—RO
fEXHIBITAç.1of30IMPLEMENTATIONACTIVITIESTOMEETTHECOMPREHENSIVEPLAN’SGOALSANDOBJECTIVESLANDUSEOujective1A:Limitlineardevelopmentpatternsinordertopreventfurtherurbansprawl.Newdevelopmentshouldbeprimarilyofthenodalorsatellitepattern.Tomeetthisobjective,theTownofEstesParkhasenactedaPlannedUnitDevelopment(PUD)ordinancewhichencouragesdeveloperstocreatemulti—usedevelopmentshavingcommercialandretaillandusesclosetoresidentialareas.UseofthePUDordinanceisanon—goingprocedure.ATransitDevelopmentStudyfortheTownisnowbeingconductedbytheLatimer—WeldRegionalCouncilofGovernmentswiththegoalofconnectingdevelopmentnodesoractivitycentersbyefficienttransportation.TheresultsandrecommendationsofthestudywillbepresentedtotheTowninMarch1980andtownactionwilloccurthereafter.Objective2:Provideadequatespacefornecessarycommunityfacilitiesandputlicutilities.Eachyear,EstesParkCityCouncilapprovesacapitalimprovementsbudgetforthefollowinjyear.Thisbudgetincludesallocationsforcommunityfacilitieswhenafacilityneedarises.PublicrecreationalfacilitiesinEstesParkaredevelopedandoperatedbytheRockyMountainMetropolitanRecreationDistrict,(aspecialdistrict)andareexpandedasnecessary.TheCityhasrecentlycompletedabikewayconstructionprojectalongHighway7andwillbeginconstructionofanotherbikewayalongHighway34startinginthespringof1980.Inaddition,aGreenbeltAcquisitionProgramisnowInprogress.ODjective3A:Establishopenspaceplanningcriteriabased,inpart,onthenaturalabilityofthelandtosupportothertypesofdevelopment.TomeetthisobjectiveInpart,floodplainregulationswereenactedinJanuary,1979andtheGreenbeltAcquisitionProgramiscurrentlybuyingfloodplainlandforparks.Topreventincompatibledevelopmentinenvironmentalhazardsareas,tneTownuseenvironmentalcriteriainitsongoingsubdivisionreviewprocess.
CCObjectiveB:Establishrequirementsfortheprovisionofopenspaceinnewdevelopments.OpenspaceintheEstesParkareaisextremelyabundantduetothepresenceofRockyMountainNationalParkandRooseveltandArapahoeNationalForests.TherearefewifanysitesinEstesParkwhichdonothaveaccesstosuchopenspacewithin1/2mile.Consequently,treTown‘sprimaryopenspaceactivityIsItsGreenbeltAcquisitionProgramalongthewaterways.Theprogramoperatesonanongoingbasisaspropertiesbecomeavailablewithmoneybudgetedannually.UtilizeexistinglandFutureLandUsePlan,tialproblemsorusesplan.usepatternsasabutdonotextendinconsistentwithbasisfortheareasofpoten—thelonq—ranqeTheFutureLandUseMapgraphicallydisplaystheareasmostsuitableandlikelytodevelop.Itisusedregularlyinthesubdivisionreviewprocesstoinsurethatnewsubdivisionsdonotoccurinareasunsuitablefordevelopment.Objective5A:ODjective5B:Objective5C:EnactLandUseregulationsthatwillprovideforthegreatestflexibilitywithinalimitednumberofspecificcategories.Tomeetthisobjective,EstesParkallowsandencouragestheresidentialuseoftheseconafloorofitsCBDBuildings.SubdivisionregulationsallowPUD°stobelocatedanywherewithintheTown,oncethesiteisrezonedtoPUD.Specifylot,site,andbuildingrequirementswhicharetoemetinfuturedevelopments.Theadoptedsubdivisionandzoningregulationsandbuildingcoderegulatethequalityanddesignoffuturedevelopments.Theseregulationsareimplementeddailythroughthezoningandsubdivisionreviewprocessandbuildingpermitapplicationprocedures.AdoptLandUseRegulationspossessingsufficientflexibilitytoallowforcitizeninputandperiodicalrevision.TheexistingregulationswereadoptedbytheEstesParkCityCouncilsubsequenttopublichearingsandcitizenODjective4A:—2—
0comments.TheirrevisionandamendmentcanoccuratanytimeInresponsetochangingdevelopmentpressuresand/orpublicopinion.Objective50:WordregulationsInpositive,permissivelanguageratherthaninarestrictivemanner.neneverregulationsarebeingdevelopedoramended;effortsaremadetowordthempositively.ENVIRONMENTubjectiveIA:Allowdevelopmentinenvironmentallyhazardousareasonlywherethepotentialhazardscanbecontrolled.Theongoingsubdivisionreviewprocessandthelandusemapcombinetoprotectareasofextremehazardsfromdevelopment.Wherenecessarythesubdivisionreviewprocessrequiresthemodificationofdevelopmentproposalsinordertolimitthepotentialhazardstothatdevelopment.Ubjective13:Designatedevelopmentaldensitiesaccordingtoanarea’ssubsurface,slope,visual,andotherenvironmentalcharacter1stICs.Thefuturelanduseandzoningmapsgenerallydiscouragesthedevelopmentoflandhavingthefollowingenvironmentalconstraints:steepslopes,(over3O)severewildfirehazardareas,andelevationabovewaterserviceboundaries(forfirefIghting).OtherenvironmentalfactorsofalesshazardousnaturewereconsideredandIncorporatedinthelandusedensitiesproscribedforalldevelopableareas.Thesubdivisionreviewprocessevaluates,andmodifieswhennecessary,theappropriatedensitiesandphysicallayoutofdevelopmentatthetimeitisproposed.Objective2A:Conserveandmaintainnaturalresourcesasgrowthanddevelopmentoccur.TheTowniscurrentlyacquiringlandunderitsGreenbeltAcquisitionPrograminareasalongstreamsandriverswhicharesusceptibletoflooding.SincethecityIssurroundedbyfederalland,andthevalleyitissituatedinisidealfordevelopment,theneedforprotectionofnaturalresourceareasisminimalandcanbemetthroughtheGreenbeltAcquisitionProgram.—3—
0Objective2B:DevelopmeasurestoIdentifyandcontrolallformsofpollutionwithinplanningareas.InJulyof1979,anInventoryofemissionsIntotheairwasconductedasaportionoftheLarimer—WeldRegionalCouncilofGovernments’AirQualitystudy.TheLWRCOG‘s208WaterQualityprogramperiodicallymonitorssurfacewaterqualityandsewageandwatertreatmentsystemsoperations.Objective2C:ProtectareasofsceniccharacterandwildlifehaDitatormigration.ScenicvistasareprotectedbytheTown’sbuildingheightordinancewhichallowsfornobuildingheightsover30feet.IRANSPORIATIONObjective1A:WorkwiththeStatePlanningDistricttoassurethatprovisionsaremadetoconnectEstesParkwithanyfuturetransportationnetworK.TheColoradoDepartmentofHighwayscoordinatesalltheiractivitieswiththosetownsaffectedonanongoingbasisduringtheirannualbudgetingcycle.ObjectiveiS:Separatelocalandthoroughtrafficroutes.TheColoradoDepartmentofHighways,theLarimer—WeldRegionalCouncilofGovernmentstransportationdepartmentandtheEstesParkengineermaintainacontlnousplanningeffortinordertosolvetrafficproblems.Onestudy,recentlycompleted,oftheEstesParkCentralBusinessDistrict(CBD)isaddressingtheproblemsassociatedwithheavytouristtrafficpassingthroughtownenroutetotheNationalPark.RecommendationshavebeenmadeconcerningnecessaryroadandparkingchangesandwillgobeforetheCityCouncilin1980.Objective1C:Improvefacilitieswithinexistingrights—of—waytothefullestextent.ExistingroadrightsofwayareimprovedannuallythroughtheCity’sCapitalImprovementsProgram,andwhenfundingisavailablefromtheState.—4—
GObjective1D:Encourageestablisnmentoradherencetomoterigidsafetystandardsregardingthedesignoftransportationonfacilities,withparticularemphasisorminimizingconflictsamongvarioustransportationmodes;signaliza—Honandthedesignofintersections,gradeseparationsandlighting.TheLarimer—WeldRegionalCouncilofGovernmentsisnowconductingaTrafficSafetyStudyforEstesParkwhichwiIImakerecommendationsbasedonavailablefunding.TheresultsofthestudywillbecompletesometimeinFebruary1980.Uojective1E:Provideanadequatesystemofoff—streetparkingfacilitiesdesignedtoeliminateon—streetparking,whereappropriate,toeasetrafficcongestionandatthesametimealleviateexistingandanticipatedparkingproblems,especiallyintheCentralBusinessDistrict.TheEstesParkDowntownStudycompletedinOctober,1979bytheconsultingfirmofBriscoe,Maphis,Murray,andLamontmakesmanyrecommendationsconcerningmethodsofreducingtrafficcongestion,parkingproblems,andenhancingpedestriansafetyintheCBD.TheirrecommendationswillbepresentedtotheCityCouncilin1980.TheCouncilwillthenscheduleseveralpublichearingspriortoadoptinganyofthestudy’srecommendations.ObjectiveiF:Separatepedestrianmovementandhorsebackridingactivitiesfromautocirculationtominimizetraffichazards.RecommendationscontainedintheEstesParkDowntownStudyincludethecreationofone—waystreetsandatrafficfreepedestrianmall.ifenacted,pedestriansandautotrafficsafetyproblemswillbeminimized.inaddition,thebikepathalongHighway7,andtheoneunderconstructionalongHighway34,eastoftownwilleliminatemanysafetyhazards.Bothbikewaysareopentohorses,pedestriansandnon—motorizedvehicles.Objective2A:Encouragethedevelopmentofasummerpublictransportationsystem.TheLarimer—WeldRegionalCouncilofGovernmentsisnowadministeringaTransitDevelopmentStudyforEstesParkwhichwillbecoordinatedwithasimilarstudybeingconductedbytheNationalPackService.ThecombinedrecommendationsconcerningatransitsystemfortheTownwillDecompletedsometimearoundMarch1980.—5—
0cObjective3A:Minimizepossibleadverseeffectsofthedevelopmentoftransportationfacilitiesuponotherlandusesandthenaturalenvironment.TheEstesParksubdivisionregulationscontainroadstandardswhichregulatetheroadbuildingprocess,materials,andimpactsuponotherlanduses.Theregulationsareadministeredasneeded.Objective36:EstablishspecialdesignstandardsformountaintoadstominimizeadverseImpactsonthemountainenvironment.Specialdesignstandardsformountainroadscoveringsuchthingsastoadsteepness,andtheroads’radiusofcurvaturearecontainedinthesubdivisionregulationswhichareadministeredonanon—goingbasis.Objective4A:Allowforupdatingorrevisionofroaddesignstandardsaspopulationanduseincreaseinthefuture.Theupdatingorrevisionofroaddesignstandardsoccurswhentheneedarises.Designstandardmodificationscanbeaccomplishedeasilyandquicklybythepassageofanordinanceanddonotrequireapublichearing.Objective46:ProgramroaddevelopmentandmaintenanceintotheCapitolImprovementsProgramandtheoverallComprehensivePlan.RoaddevelopmentandmaintenancebudgetingoccursannuallyaspartoftheCapitalImprovementsProgram.CapitolimprovementprioritiesarebasedonproblemsidentifiedintheEstesParkDowntownStudy,theComprehensivePlan,andbyannualvisualInspection.COMMUNITYFACILITIES,SERVICESANDUTILiTIESObjective2A:Coordinatetheeffortsoftheprivatesectorsandthetourist—relatedsectorsoftheeconomyintheprovisionofcommunityrecreationfacilities,therebyavoidingdupiicationandunnecessaryexpense.TheRockyMountainMetropolitanRecreationDistrict,theEstesParkschooldistrict,andtheTownadministratorshaveanongoing,cooperativeworkingrelationshipwhichenablesthemtoprovideallfacetsofrecreationtotheresidentswithoutduplicationorunnecessaryexpense.—6—
0oObjective2B:RegulatetherateofgrowthinareaswheretoorapiddevelopmenthasresultedInanunacceptablelagintheprovisionofnecessaryfacilities,utilities,andservicesneededtoservethatdevelopment.inadequatesewerandwatersystemsInsomeareasofEstesParkarebeingcorrectedonanon—goingbasis.Nonewbuildingorsanitationpermitsaregrantedinthoseareaswheresewerorwaterlinesaretoosmalltosupportadditionaldevelopments.IfsanitationupgradingIsneeded,Itisdonebytheappropriatesanitationdistrictandpaidforbythedeveloperswhorequestit.Inaddition,theEstesParkCapitalImprovementsBudgetmakesannualappropriationsforupgradingthemunicipalwatersupplysystem.Oojectlve4P:Requirenewdevelopmentstoprovideforthelocationofemergencyprotectionfacilitiesaccordingtocurrentcriteriaforlocatingsuchfacilities.TheEstesParksubdivisionregulationsadministeredonanon—goingbasisrequireresidentialdeveloperstooversizetheirwaterlinesandprovidefirehydrantsforfireprotection.FiredepartmentandambulancebuildingstoservetheTownarecentrallylocatedandneednotbeduplicatedinresidentialneighborhoods.Objective5A:Developpoliciesand/orstandardswhichwillallowfortherecyclingofwater.TheParkDistrictiscurrentlydoingafeasibilitystudyofthereuseofsewereffluentforwateringthegolfcourse.ThestudyshouldbeconcludedandrecommendationsmadebyDecember1980.Oojective5B:Developpoliciesand/orstandardsregulatingtheuseofsewagedisposalsystems.LarimerCountyhasregulations/standardsandpermitsforuseofon—sitesewagedisposalsystemsforlotsoutsidesanitationdistrictboundaries.Alllandwithincitylimitsorannexedtothecityisrequiredtohavesewers.ODjective6A:EncouragetheconstructionofpublicutilitiesandfaciI—ItiestoservetheproposednodesofdevelopmentasdeemedapproprIate.EstesParksubdivisionregulationsrequiredeveloperstoprovidepuDlicutilitiesofappropriatesizeandconstructiontoallnewresidential,commercialandindustrialdevelopments,wherevertheyarelocated..—7—
00Objective6r3:Adequatelyseparateallutilitiestominimizepotentialhealthhazards.ColoradoStatelaw,theColoradoHealthDepartment,andEstesPacksubdivisionregulationsrequiretheseparationofwaterandsewersystems.SOCIO-ECONOMICObjective1A:Encouragedevelopmentofadditionalpotentialtouristsmarkets.Eachyear,theTownofEstesParkbudgetsmoneytotheEstesParKChamberofCommerceinordertoaiditinencouragingtheexpansionorentryofnewtouristfacilitiesorservicesintothearea.Objective2A:ExplorethepossibiIitiesoffuturedevelopmentofforestresources.TheU.S.ForestServiceIsdevelopingForestplanswhichspecifythefutureusesandactivitiestooccurinandwithareaforestresources.TheRockyMountainNationalPackServiceisalsodevelopingparkplans.BothorganizationshaveactivelysoughtandreceivedpublicparticipationfromtheTownandcitizensofEstesPark.Cooperationonsuchissuesbetweenfederaladministratorsandtownofficialsoccursonaregularbasis.Objective2B:ExplorethepossibilityofbroadeningthePrea’seconomicbasetoavoidacompletedependenceontourism.TheChamberofCommercealsoutilizesitsresourcestoencouragenon—touristindustriestolocatewithinthetowninordertobroadentheeconomicbase.Inaddition,theLarimer—WeldCouncilofGovernmentsiscurrentlycompilingpopulationprojectionsandlocaleconomicdatainordertoprovidetimelyinformationtothosefirmsorotherbusinesseswithInterestinlocalizingintheRegion.TheCouncilofGovernmentssocio—economicprofileisexpectedtobecompletedbyAugustof1980.Objective3A:Considercommercialtouristandmanufacturingactivitiesasseparateeconomicfunctions.BecausetheCBOprimarilyservesthelocalandtouristpopulationswithcommercialfacilities,theCityhaspro—videdindustrialparKzonesonarterialstreetsformanufacturingandothernon—touristactivities.Inaddition,theCity’szoningregulationsprovideforrezoninglandtoindustrialuseswhentheneedorrequestarises.—8—
00Objective3B:Establishalocalprogramtoascertaineconomicviability.TheTownofEstesParkannuallymonitorssalestaxreceiptsinordertoascertainthelevelandexpendituresoftouristsintheTown.ThisenablestheTowntoevaluateitseconomicviability.CAPThALIMPROVEMENTSOnjective1A:Encouragecommunitydiscussion,understanding,andsupporttonelpobtainapprovalofImplementationandfundingprograms.ColoradoStatelawandEstesParklocalcodesrequireapubliccommentperiodandpublichearingspriortotheadoptionoftheannualbudget,newcomprehensiveplans,ortheexpenditureofgeneralobligationbondmoneyforcapitalimprovementsprograms.TheTown’szoningregulationsalsorequirepublichearingspriortotheadoptionofre—zoningrequestsorzoningregulationmodifications.HOUSINGObjectiveIA:EncourageprogramstoprovidespecializedhousingtypeswithintheguidelinesofthePlansothatamixtureofhousingcanberealized.Tomeetthisobjective,theTownofEstesParkhasanongoingpolicyofreactingfavorablytodevelopmentproposalsthatprovidespecializedhousingtypesthatmeetthetownsneeds.BecausetheTowncanprovideincentivestodeveloperswhomeettheseneeds,theachievementofthisoojectiveoccursonanongoingbasis.Inaddition,theTown’sCodeEnforcementProgramrequiresallbuildingsundergoingmajorrenovationtobebroughtuptocode.OojectiveIS:Encourageemployershavingspecialsummeremployeeneedstoprovidefacilitiesforhousingthosesummeremployees.TheTownisinvestigatingthepotentialofgrantingspecialincentivestoemployerswroconstructemployeehousing.Astudydesignwillbedevelopedbylatespringof1980andwillbesubmittedforapprovalandfundingatthattime.—9—
C)Objective2A:Promoterehabilitationofdeterioratingordilapidatedstructures.TheTownofEstesparkcurrentlyoperatesastrongcodeenforcementprogramfortheabatementofdangerousbuildings.WiththestrongdemandforhousinginEstesPark,fewbuildingsbecomedilapidatedduetohighmarketvalues.Allbuildingsobtainingbuildingpermitsarefullybroughtuptostandard,ifrenovationexceeds50%ofthevalueofthebuilding.Objective2B:Supportinnovativeapproachestothefinancing,planningconstructionanddesignassolutionstorisinglaborandlandcosts.TheTownofEstesParkhasadoptedPUDregulationsthatprovideforinnovativeapproachesthatmeetthisobjective.UsingthePODregulations,thecitystandsreadytoreactfavorablytocostsavingtechniqueswhilemaintainingasafeandqualityhousingenvironment.—10—
00TIMETABLEOFPLANIMPLEMENTATIONACTIVITIESTimetableImplementalionActivitiesAnnualByJulyt3yDec.DuringDuringActivity1980198019811982LANDUSEPUDOrdinance*********TransitDevelopmentStudyXCapitalImprovementsProgramxBikewayConstructionProjectXGreenbeltAcquisitionProjectXSubdivisionReviewProcess*********Zoning&DensityVariances*********SuDdiv.,Zoning&BuildingCode*********RegulationsPublicHearings&Comment*********PeriodsRegulation/OrdinanceWriting*********ENVIRONMENTSubdivisionReviewProcess/Regs.*********FutureLandUse&ZoningMap*********GreenbeltAcquisitionProgramXAirQualityPlanningProgramXdaterQualityPlanningProgram*********BuildingHeightOrdinance********TRANSPORTATIONCob.Dept.ofHighwaysXBudgetReviewLRCOGTransportationPlanning*********Program-11-
00TIMETABLEOFPLANIMPLEMENTATIONACTIVITIESTimetableImplementationActivitiesAnnualByJulyByDec.DuringDuringActivity1980198019811982TRANSPORTATION-Con’t.EstesParkDowntownStudyXCapita)ImprovementsProgramXTrafficSafetyStudyXTransitDevelopmentStudyXt3ikewayConstructionProjectXSubdivisionRegulationsandReviewProcessSubdivisionRegulations*********AmendmentsProcessCOMMUNITYFACILITIES,SERVICESANDUTILITIESCoordinationofRecreationActivities*********CapitalImprovementsProgramXUpgradingofMunicipalWaterSupplySystemXSuodivisionRegulations*********FeasibilityStudyofWastewaterReuseforGolfCourseIrrigationXLarimerCountyOn—SiteSepticRegulations*********SOCI0-ECONOMICEstesParkBudgetingforXChamberofCommerceU.S.ForestService&Natal*********ParkServicePlanningProcess-12-
00TIMETABLEOFPLANIMPLEMENTATIONACTIVITIESTimetableImplementationActivitiesAnnualByJulyByDec.DuringDuringActivity1980198019811982SOCIU—ECONOMICCon‘tChamberofCommerceActivities*********LRCOGRegionalSoclo—*********EconomicProfileIndustrialParkZones/Rezonrng*********SalesTaxReview*********CAPITALIMPROVEMENTSPublicCommentsandHearings*********HOUSINGSubdivisionRegulations&*********ReviewProcessCodeEnforcementProgram*********InvestigationofPotentialfor*********SpecialIncentivesforEmployeesPUDRegulations*********KeyOn—goingActivityXSpecificdeadlineactivity—13—
C’0IMPLEMENTATIONACTIVITIESPLANAnannualreviewformformeasuringprogresstowardachievementoftheobjectives.LANDUSEOojective1AA.PROGRAM:PUDOrdinanceDUEDATE:OngoingACTIONSTAKEN:RESULTS:B.PROGRAM:TransitDevelopmentStudyDUEDATE:March1980ACTIONSTAKEN:RESULTS:Oojective2A.PROGRAM:CapitalImprovementsProgramDUEDATE:AnnuallyACTIONSTAKEN:RESULTS:B.PROGRAM:BikewayConstructionProgramDUEDATE:DecemDer,1980ACTIONSTAKEN:RESULTS:C.PROGRAM:QeenbeltAcquisitionProjectDUEDATE:AnnuallyACTIONSTAKEN:RESULTS:-14-
00Objective3AA.PROGRAM:-eenbeltAcquisitionProjectDUEDATE:AnnuallyACTIONSTAKEN:RESULTS:B.PROGRAM:SubdivisionReviewProcessDUEDATE:OngoingACTIONSTAKEN:RESULTS:Objective3BPROGRAM:eenbeltacquisitionProjectDUEDATE:AnnuallyACTIONSTAKEN:RESULTS:Objective4APROGRAM:SuDdivisionReviewProcessDUEDATE:OngoingACTIONSTAKEN:RESULTS:Objective5AA.PROGRAM:PUDOrdinanceDUEDATE:OngoingACTIONSTAKEN:RESULTS:—15-
CCB.PROGRAM:ZoningandDensityVariancesDUEDATE:OngoingACTIONSTAKEN:RESULTS:Objective5BPROGRAM:Subdivision,ZoningandBuildingCodeRegulationsDUEDATE:OngoingACTIONSTAKEN:RESULTS:Oojective5CPROGRAM:PublichearingsandcommentsperiodDUEDATE:Periodically,whenappropriateACTIONSTAKEN:RESULTS:Oujective5DPROGRAM:Regulation/YdinanceWritingDUEDATE:OngoingACTIONSTAKEN:RESULTS:ENVIRONMENTObjective1APROGRAM:SubdivisionReview/RegulationsDUEDATE:OngoingACTIONSTAKEN:RESULTS:—
00ODjectivelBPROGRAM:FutureLandUseandZoningMaps/SubdivisionReviewProcessDUEDATE:OngoingACTIONSTAKEN:RESULTS:Objective2APROGRAM:‘eenbettAcquisitionProjectDUEDATE:AnnuallyACTIONSTAKEN:RESULTS:Objec±ive2BA.PROGRAM:AirQualityPlanningProgramDUEDATE:July1979,OngoingACTIONSTAKEN:EmissionsinventoryRESULTS:B.PROGRAM:WaterQualityPlanningProgramDUEDATE:PeriodicallyACTIONSTAKEN:RESULTS:Objective2CPROGRAM:BuildingHeightOrdinanceDUEDATE:OngoinsjACTIONSTAKEN:RESULTS:-17-
00IRANSPORTATIONJojective1APROGRAM:ColoradoDepartmentofHighwaysBudgetReviewDUEDATE:AnnuallyACTIONSTAKEN:RESULTS:Objective16A.PROGRAi1:LWRCOGTransportationPlanningProgramDUEDATE:OngoingACTIONSTAKEN:RESULTS:B.PROGRAM:EstesParkDowntownStudyDUEDATE:Adoptionin1960ACTIONSIAKEI’1:RESULTS:Objective1CPROGRAM:CapitalimprovementsProgramDUEDATE:AnnuallyACTIONSTAKEN:RESULTS:-18-
0cObjective1DPROGRAM:TrafficSafetyStudyDUEDATE:RecommendationsdueinFebruary1980ACTIONSTAKEN:RESULTS:ObjectiveJEPROGRAM:EstesParkDowntownStudyDUEDATE:AdoptionbyJuly,1980ACTIONSTAKEN:RESULTS:ObjectiveiFA.PROGRAM:EstesParkDowntownStudyDUEDATE:AdoptionbyJuly,1980ACTIONSTAKEN:RESULTS:B.PROGRAM:BikewayConstructionProjectDUEDAlE:December,1980ACTIONSTAKEN:RESULTS:Objective2APROGRAM:TransitDevelopmentStudyDUEDATE:RecommendationsdueMarch,1980ACTIONSTAKEN:RESULTS:-19-
00ODjective3APROGRAM:SubdivisionRegulationsandReviewProcessDUEDATE:OngoingACTIONSTAKEN:RESULTS:Objective3BPROGRAM:SubdivisionRegulationsandReviewProcessDUEDATE:OngoingACTIONSTAKEN:RESULTS:ODjective4APROGRAM:SubdivisionRegulationAmendmentProcessDUEDATE:AsneededACTIONSTAKEN:RESULTS:Objective4BPROGRAM:CapitalImprovementsProgramDUEDATE:AnnuallyACTIONSTAKEN:RESULTS:-20-
0cCOMMUNITYFACILITIES,SERVICESANDUTILITIESODjective2APROGRAM:CoordinationofRecreationalActivitiesDUEDATE:OngoingACTIONSTAKEN:RESULTS:Objective2BPROGRAM:CapitalImprovementsProgramDUEDATE:AnnuallyACTIONSTAKEN:RESULTS:Objective4APROGRAM:SubdivisionRegulationsDUEDATE:OngoingACTIONSTAKEN:RESULTS:Objective5APROGRAM:FeasibilityStudyofWaterReuseforGolfCourseIrrigationDUEDATE:December,1980ACTIONSTAKEN:RESULTS:UDjective6APROGRAM:SubdivisionsRegulationsDUEDATE:OngoingACTIONSTAKEN:RESULTS:—21—
0eObjective5BPROGRAM:SubdivisionRegulations,ColoradoStatelaw,ColoradoHealthDepartmentRegulationsDUEDATE:OngoingACTIONSTAKEN:RESULTS:SOC10—ECONOMICObjectiveJAPROGRAM:EstesParkBudgetingforChamberofCommerceDUEDATE:AnnuallyACTIONSTAKEN:RESULTS:Objective2APROGRAM:U.S.ForestServiceandNationalParkPlanningProcessDUEDATE:OngoingACTINSTAKEN:RESULTS:Objective2BPROGRAM;ChamberofCommerceActivitiesDUEDATE:AnnuallyACTIONSTAKEN:RESULTS:—22—
CODjective2CPROGRAM:LWRCOGRegionalSoclo-EconomicProfileDUEDATE:August1980ACTIONSTAKEN:RESULTS:Objective3APROGRAM:IndustrialParkZones/RezoningDUEDATE:OngoingACTIONSTAKEN:RESULTS:OjecHve3BPROGRAM:SalesTaxReviewDUEDATE:AnnuallyACTIONSTAKEN:RESULTS:CAPITALIi1PROVEMENTSUDjective1APROGRAM:PublicCommentsandHearingsDUEDATE:OngoingACTIONSTAKEN:RESULTS:-23-
CCHOUSINGObjectiveJAA.PROGRAM:SubdivisionRegulationsandReviewProcessDUEDATE:OngoingACTIONSTAKEN:RESULTS:B.PROGRAM:CodeEnforcementProgramDUEDATE:OngoingACTIONSTAKEN:RESULTS:ObjectivelBPROGRAM:InvestigationofPotentialforSpecialIncentivesforEmployersDUEDATE:July,1980ACTIONSTAKEN:RESULTS:Objective2APROGRAM:CodeEnforcementProgramDUEDATE:OngoingACTIONSTAKEN:RESULTS:Objective28PROGRAM:PUDOrdinanceDUEDATE:OngoingACTIONSTAKEN:RESULTS:-24-
0FUTUREHOUSINGNEEDSPSSESSMENTThecurrentpopulationoftheCityofEstesPackisestimatedtobe2,100personsasofJuly1,1979.Thisrepresentsanestimated810householdslivinginthecityonyearroundbasis,(usinganaveragehouseholdsizefigureof2.59basedon1970census)populationprojectionsindicatethatthepopulationofEstesParkwillbe3,900bytheyear2000,oranadditional695households.Sincethe1970census55.2ofallnewresidentialstructureshavebeensinglefamilydwellingunitswithinthecitylimits.Itisanticipatedthatthehousingdemandforfuturehouseholdswillreflectrecenttrendsresultinginademandfor384singlefamilyunits.Inordertohaveasufficientvacancyrateof3%,395newsinglefamilyunitswillberequired.Similarlyasanacceptablevacancyrateof6%isrequiredforthemulti—familyhousingstocktoprovideachoiceofhousingtypes,priceandlocation,themulti—familyconstructionrequirementstomeettheneedsofthefutureresidentsisfor330newunits.ThecurrenthousingassistanceneedsinEstesParkareestimatedtobefor254households.TnisfigurewasdeterminedbyestimatingthenumberofelderlyhouseholdsinEstesPark(450basedupona1977survey)andmultiplyingthenumberofelderlyhouseholdsandnon—elderlyhouseholdsbytherespectiveregionalneedsfigures(LWRCOGRegionalHousingSurvey,1979),ofthe254householdsinneedofassistance,221areexpectedtobeelderly.—25—
0oifthecurrentprofileofhouseholdsremainconstanttotneyear2000,therewillbe411householdsand62non—elderlyhouseholdsinneedofassistance.Tomeettheneedsofthenon—elderly,theTownofEstesParkwillattempttoattractaprivatedeveloperofassistedhousing,inadditiontotheirpresenthousingassistanceactivities.TomeettheneedsoftheelderlyhouseholdstheTown,inadditiontosupportingprivateassistedhousingdevelopers,willworkcloselywithLarimerCountyofficialsandtheLWRCOGtoactivelybringabouttheprovisionofhousingassistancetotheelderly.Anadditionalhousingneedthatisnotincludedinthepopulationprojectionsistheneedforhousingforseasonalemployees.BaseduponestimatesprovidedbytheEstesPackChamoerofCommerce,therearecurrentlyabout800—1,000seasonalemployeesintheEstesParkarea,ofwhich500—700acetemporaryresidents.AsEstesParkgrows,itisprojectedthatthenumberofseasonalemployeeswhoaretemporaryresidentswillIncreaseto900—1,300bytheyear2000.Housingforthetemporaryresidentswhohaveseasonaljobshashistoricallybeenamixofhotelandmotelrooms,smallapartments,campersandtentsatlocalcampgroundsandsharingovercrowdedavailablerentalhouses.-26-
aCTheneedformotehousingtomeettheneedsoftheseasonalemployeeisevident.Inordertomeetthisneed,theEconomicExpansionCommitteeoftheChamberofCommercewasformedin1978.ThecorwnltteehasappliedforDepartmentofHousingandUrbanDevelopmentFundstorehabilitateahotelforseasonalemployees.-27-
0cPHASINGANDGROWTHMANAGEMENTUrbansprawlandtheproblemsassociatedwithithaveminimalimpactsupontheTownofEstesPark.Thereasonsforthisaretwofold.First,becausetheTownIsamountaincommunityhighlydependentuponthetouristindustry,Itseconomycanonlysupportalimitedpopulation.Asaconsequence,itsgrowthrateissignificantlyslowerthanotherFrontRangecommunitieswhichhavemuchgreateraccesstojobsandemployment.Secondly,andmostimportantly,theTownofEstesParkissurroundedonallsidesbyFederalnon—developablelandandbyhigh,inaccessiblemountainsasgraphicallydisplayedonMapNo.2,page56.Developmentcanexpandoutwardonlysofarbeforeitmeetsinsurmountableboundaries.Therefore,thedispersedleap—frogdevelopmentsocharacteristicontheplainscanonlyoccurinEstesParktoalimitedextentandforashortperiodoftime.Oncedevelopmentmeetstheexteriorboundaries,infillingofmorecentrallylocated,vacantlotswillbecomeanabsolutenecessity,IfanydevelopmentistooccuratallTheTowndoesrecognizetheadvantagesofphasinggrowthfromthecenterofthecityoutwards.Townofficialsdonot,however,believeindictatingwhenorwheregrowthmayormaynotoccur,butbelieverather,thatbyencouragingwell—plannedanddesignedsubdivisionsandacceptingonlythosewhichmeethighdevelopmentstandards,desirablegrowthwillultimatelyoccur.TheTown’ssubdivisionregulationsandreviewprocedurehavebeendesignedandimplementedtoinsurethatnewdevelopmentmeetshighstandards,isservedbypublicutilitiesandisnotlocatedinenvironmentallysensitiveorunsuitablesites.-28-
0Simultaneous,toencouragingwellplannedanddesigneddevelopments,Townpoliciesalsoattempttodiscouragenewdevelopmentsfromlocatingoutsidepublicutilityserviceboundaries.Themethodofimplementingthispolicyistherequirementofnewdevelopmenttopayitsownway.”SubdivisionregulationsrequiredevelopersofnewsubdivisionstofinanceandInstallwatermains,firehydrants,electricserviceanddistributionsystems,sanitarysewerlines,andstormwaterdrainagesystemswhensuchfacilitiesarelackinganddeemednecessarybytheTown.Suchrequirementsaddconsiderablecosttodevelopingvacantlandandincreasetheeconomicattractivenessofexistingplattedlotsalreadyservedbysuchfacilities.Inaddition,whentheTowndoesextendwaterservicetoareasoutsidethecitylimits,itrequireswaterserviceuserstosignanagreementwhichspecifiesthattheuserwillnotopposeannexationinthefuture.Inthismanner,asdevelopmentdensitiesincreaseoutsidecitylimits,annexationoftheareaisreadilyavailable.BecausetheTownofEstesParkisservedbytwospecialpurposesanitationdistricts,itpresentlyplaysonlyaminimalroleininfluencingthelocation,timingandsizingoftheprovisionofnewsewerservice.However,currentimplementationmechanismspresentedinthelocallyadopted,statecertifiedandEPAapprovedLarimer—WeldAreawideWaterQualityManagementPlan(developedunderSection208oftheFederalCleanWaterAct)willenabletheTowntomorereadilyaffecttheextensionofsewerservicetodevelopingareasintheEstesParkvalley.During1980,theLarimer—WeldRegionalCouncilofGovernments,through-29-
0citsconsultants,willedevelopingthesubstanceofintergovernmentalagreementsCIGA’s)toimplementtherequirementsoftheAreawideWaterQualityManagementPlan.IntergovernmentalagreementswillbedevelopedbetweentheTownofEstesPackandLarimerCountyforthe“urbanservicearea,”whichincludesthedevelopingareaoutsidethecorporateboundariesoftheTownofEstesPark.Thisagreementwillspecifytheresponsibilitiesofeachpartyforplanningresponsiblewaterqualitymanagement.Asaprerequisitetotheimplementationofpollutioncontrolmechanisms,acompletedlanduseelementfortheurbanserviceareamustbedevelopedsothatlocation,sizingandphasingofwastetreatmentfacilitiestoservenewgrowthwillbeinconsonancewithlocallanduseplans.Inaddition,intergovernmentalagreementsbetweentheTownand/orLarimerCountywillbedevelopedwitheachofthespecialpurposesanitationdistrictsspecifyingrequirementsandproceduresfortheprovisionofsewerservicetoareasofurbanizingdevelopment.TheresponsibilityoftheTownofEstesParkasawaterqualitymanagementagencyundertheFederalCleanWaterActanditsresponsibilitiesfortheprovisionofotherutilitiesandpublicserviceswillbetheprincipalmechanismsbywhichtheTownofEstesParkwillbeabletoguidethelocation,andphasingoffuturegrowth.ItisexpectedthattheTown’spublicutilityplanningactivitieswillbeincreasingly,effectiveinmanaginganddirectingdevelopmentsothatorderlygrowthintheareawillbeachieved.Inshort,theTownrecognizesthepressureswhicharecurrentlyshapingitsfutureandisattemptingtodealwithgrowthInaresponsiblemanner.-30-
0
RE SQL UT JO N 19-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK,COLORADO:
WHEREAS,the Town of Estes Park desires to adopt a Transit
Development Plan that is necessary for obtaining federal trans
portation funds;
NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO,that Wilbur Smith and Associates,
the consultants who prepared the proposed Transit Development Plan,
be directed to finalize the Transit Development Plan and to present
said final plan for official consideration by the Town of Estes
Park,Colorado.
Adopted:May 13,1980
State of Colorado)
County of Larimer)
Town of Estes Park)
I,Joan Van Horn,being the duly appointed and acting Town Clerk of
the Town of Estes Park,Colorado,do hereby certify the above to be
a true and correct copy of a Resolution passed and adopted by the
Board of Trustees of the Town of Estes Park at a regular meeting
held on the 13th day of May,1980.
TOWN OF ESTES PARK
Joan Van Horn,Town Clerk
1 9—SO
C C
RESOLUTION 18-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the Mayor and Town Clerk are hereby authorized and
directed to sign the lease agreement dated May 13,1980 by and
between the Town of Estes Park and the Lions Club of Estes Park,
Colorado,regarding the lease of the concession stand at Stanley
Park.
Adopted:May 13,1980
18—go
0 .0
R E S 0 L U T I 0 N 17-30
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK,COLORADO:
That the Mayor and Town Clerk are hereby authorized and
directed to sign the dental insurance agreement by and between
the Town of Estes Park and Delta Dental Plan of Colorado effective
April 1,1980.
Adopted:May 13,1980
7—80
C C
RESOLUTION 16-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the petition and plat of the Cyteworth Resubdivision
are hereby approved and that the Mayor and Town Clerk are
authorized and directed to sign the plat.
Adopted:May 13,1980
16—80
C
RESOLUTION 15-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the Mayor and Clerk are hereby authorized and
directed to sign the contract by and between the Town of Estes
Park and Coulson Excavating Company,Inc.for the 1980 Street
Improvement Program for a total contract amount of $85,913.75;
and to sign the contract by and between the Town of Estes Park
and Best-Way Paving for Gilsonite Seal Coat for a total contract
amount of $16,472.16.
Adopted:April 22,1980
15—80
RESOLUTION 14-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK,COLORADO:
That the application to close a state highway dated March 17,
1980 submitted by the Salvation Army for a parade to be held on
May 3,1980 is hereby approved.
Adopted:April 8,1980
—80
C C
RESOLUTION 13-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK,COLORADO:
That the Mayor and Clerk are hereby authorized and directed to
sign the agreements by and between the Town of Estes Park and the
following:
Walter Alsbaugh Rodeo for performances to be held July
16th —19th,1980.
Colorado Ponies of America for performances to be held
June 14th and 15th,1980.
Colorado State High School Rodeo Association for performances
to be held June 19th —22nd,1980.
Mountain and Plains Appaloosa Horse Club,Inc.for per
formances to be held July 25th -27th,1930.
Rocky Mountain Paint Horse Association for performances
to be held August 16th &17th,1980.
Rocky Mountain Peruvian Paso Club for performances to be
held August 23rd and 24th,1980.
Colorado Arabian Horse Club for performances to be held
June 29th -July 1st,July 3rd -5th,and August 3oth adn 31st,
1980.
Adopted:April 8,1980
Q
12-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the filing date of the application for a new Hotel
and Restaurant License filed by Yoshihiki and Kiyoe Miyauchi
dba Fuji—Sun of Tokyo in Estes Park located at l6OSouth Saint Vram
Avenue,Estes Park,Colorado,is April 8,1980 and it is hereby
ordered that a public hearing on said application shall be
held in the Board Room of the Municipal Building,170 MacGregor
Avenue,on May 13,1980 at 7:30 p.m.,and that the neighborhood
boundaries for the purpose of said application and hearing shall
be the area included within a radius of 2.95 miles as measured
from the center of the applicantts property.
Adopted:April 8,1980
2—80
a
RESOLUTION 11-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK,COLORADO:
That the application to close a state highway dated March 18,
1980 submitted by the Estes Park Chamber of Commerce Special Promotions
Committee regarding the Mayfest Parade to be held on May 17,1980 is
hereby approved and recommended for approval by the Colorado Department
of Highways.
Adopted:March 25,1980
State of Colorado)
County of Larimer)
I,Joan Van Horn,the duly appointed and acting Town Clerk of the TownofEstesPark,Colorado,do hereby certify that this is a true copy ofResolution11—80 passed and adopted by the Board of Trustees of theTownofEstesParkonMarch25,1980.
Town Clerk
Ii _80
R ES 0 LU T I ON 10-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK
COLORADO:
That the final plat of East Park Resubdivision is hereby
approved and that the Mayor and Clerk are directed to sign the
Certificate of Approval on the original plat.
Adopted:March 25,1980
-0—80
RESOLUTION 9-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTE$PARK,COLORADO:
That the Mayor and Clerk are hereby authorized and directed
to sign the agreement dated March 25,1980 by and between the
Town of Estes Park and Twin Peaks Excavating regarding construction
of 450’of waterline along Big Horn Drive.
Adopted:March 25,1980
—80
0 0
8-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the application to close a state highway dated March
5,1980 and submitted by Bruce Beckord regarding the Peak to
Peak Marathon to be held on June 8,1980 is hereby approved
and recommended for approval by the Colorado Department of
Highways.
Adopted:March 11,1980
—8o
RESOLUTION 7-80
WHEREAS,by Statutes of the State of Colorado,the 1st day
of April,1980,is fixed as the time for the election of four Trustees
and a Mayor of the Town of Estes Park;
AND WHEREAS,it is the duty of the Board of Trustees to
provide for holding such election and appointing the Judges to conduct
it;
NOW THEREFORE,BE IT RESOLVED,that an election for the
purpose of electing four Trustees and a Mayor shall be held Tuesday,
April 1,1980;
BE IT FURThER RESOLVED,that the polling place shall be in
the Board Room of the Municipal Building,170 MacGregor Avenue,Town
of Estes Park,Colorado,that the polls shall be open from 7:00 A.M.
to 7:00 P.M.on said election day,that Mrs.Bessie Bilyeu,Mrs.
Jane Blair,Mrs.Gertrude Young,Mrs.Phyllis Hurt and Mrs.Gwen Staley
be and they are hereby appointed as Judges of said election,and Mrs.
Ruth Montgomery,Mrs.Norma Green,and Mrs.Roberta Porter be and they
are hereby appointed alternate Judges;and the Judges shall receive
for their services the sum of forty dollars ($40.00).
BE IT FURTHER RESOLVED,that the Town Clerk be authorized
to give notice of the election by publication as provided by law;
BE IT FURTHER RESOLVED,that the Town Clerk shall at the
expense of the Town arrange for such materials and supplies for such
election as may be necessary.
Adopted:March 11,1980
C
6-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK,COLORADO:
That voting machines shall be used in the general municipal
election to be held on April 1,1980,in the Town of Estes Park,
Colorado,in the one precinct for such election located in the Board
Room of the Municipal Building,170 MacGregor Avenue,Estes Park,
Colorado;and
That the Town Clerk be and she is hereby authorized and directed
to perform all acts and functions necessary for the use of such voting
machines as required by the laws of the State of Colorado pertaining
thereto.
Adopted:March 11,1980
3—80
C
RESOLUTION 5-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK,COLORADO:
That the Mayor and Clerk are hereby authorized and directed to
sign the Transmission Facilities Agreement dated March 11,1980
by and between the Town of Estes Park and the Platte River Power
Authority.
Adopted:March 11,1980
5—80
o 0
R E S 0 L U T I 0 N 4-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the Mayor and Clerk are hereby authorized and idrected
to sign the Lease Extension Agreement dated February 12,1980
by and between Chevron Oil Company and the Townof Estes Park
regarding leasing the tract of land 8 feet in width adjoining
the westerly boundary line of Wiest Drive between Elkhorn Avenue
and Fall River.
Adopted:February 12,1980
4—80
C
RESOLUTION 3-30
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the Mayor is hereby authorized and directed to sign
the Temporary Use Agreement between the Town of Estes Park and
the Northern Colorado Water Conservancy District regarding the
renewal of the use permit for 95 acre—feet of water.
Adopted:Feburary 12,1980
3—80
R E S 0 L U T I 0 N 2-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the Mayor and Town Clerk are hereby authorized and
directed to sign the 1980 Advertising Agreement by and between
the Town of Estes Park and the Estes Park Area Chamber of
Commerce.
Adopted:February 12,1980
2—80
C
RE SQL UT JO N 1-80
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK,COLORADO:
That the petition and plat of the Jackson Subdivision are hereby
approved and that the Mayor Pro Tern and Town Clerk are authorized and
directed to sign the plat.
Adopted:January 22,1980
1 —Sn