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HomeMy WebLinkAboutMINUTES-07/23/1964-Regular471 Julv 23, 1964 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLLINS; Held Thursday, July 23, 1964, at 1:30 o'clock P.M. Present: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. City Manager Boos, City Attorney March and City Engineer Weiss. Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the reading of the minutes of the last regular meeting held July 16, 1964, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: Non e. The President declared the motion adopted. The following report was presented and read at length: City Engineerls Office July 21, 1964 Mr. Robert F. Boos, City Manager Fort Collins, Colorado Dear Sir Bids were opened July 16, 1964, for furnishing and installing 80,000 square yards of chip seal coating for the streets listed on the attached sheet. Sterling Paving Company bid $0.09 3/4 per square yard and Western Paving Company bid $0.16 per square yard. I would recommend that the bid be awarded to Sterling Paving Company and that a contract be made with them. Yours very truly, /s/ G. J. Weiss, City Engineer. Motion was made by Councilman McMillan, seconded by Councilman Colwell, that this bid be accepted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT-COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH THE STERLING PAVING COMPANY FOR`,THE MAKING OF CERTAIN STREET IMPROVEMENTS WHEREAS, it is necessary to make certain improvements to the streets in the City of Fort Collins, Colorado, consisting of approximately 80,000 square yards of chip seal coating, and WHEREAS, bids were. called for pursuant to law, and WHEREAS, thelowest and best bid was submitted by the Sterling Paving Company for 0.0975 per square yard of chip seal coating, and WHEREAS, said bid has heretofore been accepted by the City Council, and WHEREAS, a contract has been prepared by the City Attorney in connection therewith to be entered into by the City of Fort Collins and said contractor; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms of said contract be and the same are hereby approved; BE IT FURTHER RESOLVED tha t the City Manager and City Clerk be and they are hereby authorized and directed to execute said contract for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the Council held this 23rd day of July, D. 1964. /s/ Harvey G. Johnson Mayor ATTEST: Miles F. House Clerk Motion was made by Councilman McMillan, seconded by Councilman Colwell, that thie resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan,.Guyer and Councilwoman Quinn. Nayes: None. The President declared the tion adopted. 472 July 23 1964 This being the date for the bid opening of Consolidated Street Lighting Improve - nest District No. 1, the City Clerk advised the council that no bids had been received. The Following resolution was presented and read at length: RESOLUTION )F THE COUNCIL OF THE CITY OF FORT COLLINS ORDERING THE WORK DONE AND MATERIALS PURCHASED . )N CONSOLIDATED STREET LIGHTING IMPROVEMENT DISTRICT NO. I under the supervision AND CONTROL )F THE CITY ENGINEER WHEREAS, heretofore the City Council by ordinance organized and created Consoli- iated Street Lighting Improvement District No. 1, and WHEREAS, pursuant to said ordinance, advertisement was published for bids for the loing of the work and furnishing of the materials required in said district, and WHEREAS, no bids have been received pursuant to said advertisement, and WHEREAS, the City Council has determined that it is in the best interest of the City of Fort Collins to order said work done and the materials purchased under the super- vision and m ntrol of the City Engineer as provided in Section 15-60 of the Code of Ordi- nances of the City of Fort Collins, Colorado, 1958, as amended. Now, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Engineer be and he hereby is authorized and directed to purchase the materials neces- sary for the installation of the improvements in Consolidated Street Lighting Improvement District No. 1; and BE IT FURTHER RESOLVED that the City Engineer be and he hereby is authorized and directed to have the necessary work done to install said improvements, all under the direc- tion and control of the City Engineer. Passed and adopted at a regular meeting of the City Council held this 23rd day of (July, A. D. 1964. /s/ Harvey G. Johnson Mayor TTEST: lea F. Hou lerk Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that this solution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, olwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the tion adopted. This being the date of the bid opening of Consolidated Improvement District No. , the following companies presented bids: Roland Weitzel 50,161.03 Fort Coll -ins, Colorado Keifer Concrete Company 42,900.59 Fort Collins, Colorado Flat Iron Paving Company 44,516.86 Greeley Colorado Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that these ds be referred to the City Engineer for checking and report. Roll was called resulting as llows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: one. The President declared the motion adopted. The following communication was presented and read at length: Fort Collins, Colorado July 20, 1964 r. G. J. Weiss, ity Engineer ar Sir: As representative of the 7-Eleven Stores, I am requesting an additional 1 inch wate ap and an additional 4 inch sewer tap, for our store at 1035 South Taft Hill Road. These aps would be on separate meters. The additional taps are necessary since :the initial installation is not satisfactory. Sincerely, Kelley Huffman 7-Eleven Stores. /a/ Kelley Huffman, Refrig.Eng. 473 July 23, 1964 After discussion, motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that the above request be approved. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following application was presented and read at length: Application of a Non -Resident for a Temporary Revocable Permit to Take Water from the Fort Collins, Colorado, System of Water Works TO THE CITY MANAGER OF THE CITY OF FORT COLLINS, COLORADO: The undersigned, owner of the following descrived property adjacent or close to but not within the corporate limits of the City of Fort Collins, Colorado, to -wit: Beginning at a point 220 feet South of Northeast corner of S2 of SE!, of NE4 of Section 8, Township 7 North, Range 69 West of the 6th P.M., thence West 346 feet, thence North 220 feet, thence West 324 feet, mor or less, to West line of SEi of SE-1 of said Section 8, thence South 330 feet to South line of said NE4 of Section 9, thence East 660 feet, more or less, to Southeast corner of NE4 of said Section 8, thence North 110 feet, more or less, to the point of beginibing. , does hereby respectfully petition the City of Fort Collins for permission to tap the Fort Collins Water Works distribution main at Four 5/8 inch water taps - 3116 Laporte Avenue Dated at Fort -Collins, Colorado, this 20 day of July, A. L. 1964. /s/ Harold D. Hicks Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that this application be referred to the City Attorney to prepare an agreement in reference to water rights. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted.. The following communication was presented and read at length: POUDRE VALLEY CO-OP ASSOCIATION, Inc. 400 North Linden Fort Collins, Colorado July 22, 1964 The City Engineer City of Fort Collins 300 LaPorte Ave. Fort Collins, Colorado Deat Sir: I would like to request a water tap for our leased property locatedat the corner of College and Hickory. We would like to request this on the basis of three times the square footage of our Ferti- lizer building, referring to Ordinance #20, 1963. The building size is 50, X 601 or 3,000 square feet. Very truly yours, /s/ Lloyd G. Payne Manager Motion was made by Councilman McMillan, seconded by Councilman Colwell, that the request of the Poudre Valley Co-op Association, Inc., for water easement on this tap be approved on the basis of three times the building area. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. This being the date of the show cause hearing of Harold Schwindt of the Pine Tavern on complaints filed of violation of his non -intoxicating Malt Liquor license. The Mayor called the hearing to order. The following letter of the City Attorney was presented and read at length: July 17, 1964 Mr. Harold Schwindt Pine Tavern 244 Pine Street Fort Collins, Colorado 14M July 23 196L Dear Mr. Schwindt: Report has been made to the City Council of the City of Fort Collins that you have violated provisions of Sections 2-5 to 2-26 of the Code of Ordinances of the City of Fort Collins, 1958, as amended, Under the provisions of Section 2-15, the City Council may suspend or revoke your license to sell non -'intoxicating malt liquor after a hearing held by the City Council on notice to the licensee and opportunity to be heard. You are herewith notified that a hearing will be held by the City Council in con- nection with this matter on Thursday, July 23, 1964, in the Council Chambers of the Muni- cipal Building or as soon thereafter as this matter may appear upon the agenda of the City Council. You are further notified that all matters bearing upon your violation of the above mentioned sections will at that time be presented to the City Council, and you will be giver the opportunity to be heard in connection with such matters. You may be represented by counsel if you so desire. After hearing all matters in connection with this, the City Council will determine whether your license should be suspended or revoked. Yours very truly, /s/ Arthur E. March City Attorney cc: Mr. Robert F. Boos, City Manager Mr. Roy Hollady, Chief of Police I hereby certify that the above notice was served upon Harold Schwindt at 244 Pine Street, Fort Collins, Colorado, on the 17th day of July, 1964, at 3:15 P.m - I s/ Sgt. K. Denning Mr. Ralph Coyte, Attorney for Mr. Schwindt, rose to order and requested a dis- missal of the charges as Mr. Schwindt was not advised in advance to the charges. The Mayor over ruled the request. Chief of Police Hollady presented charges against Mr. Schwind and called on Mr. William McComb an operator who was present when the violations were made. Mr. William McComb presented his charges and explained the charges therein. Mr. Coyte questioned Mr. McComb considerably in reference to the drinking by Mr. Tatum, a minor. Mr. Coyte called Delfino Melendrez, a bartender for Mr. Schwindt, to the stand and questioned him regarding this matter. After consideration, Mr. Schwindt, owner of the Pine Tavern was called to the stand and questioned regarding the charges of Mr. McComb. At the end of the questioning, the Mayor recessed the Council for discussion. The Council re -convened and the Mayor advised Schwindt that the Council's decision was that his license be suspend- ed from now until 8:00 A.M., August 3, 1964- Motion was made by Councilman Colwell, second- ed by Councilwoman Quinn, that the Council approve the decision as stated. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Some of the members of the Citizens Advisory Planning Committee were present and presented recommendations for allocation of funds for park land acquisition. Among those present who talked in reference thereto, were Melvin Johnson, President of the Advisory Committee, Dorothy Udall and Elery Wilmarth. The matter that they presented consisted of a request for some funds in the 1965 budget for carrying out some of these recommendations. The Mayor advised the members of the committee that they would take these matters under consideration. The following ordinance was presented on second reading: ORDINANCE NO. 24, 1964 AMENDING CHAPTER 19, CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, COMMONLY KNOWN_d AS THE ZONING ORDINANCE, CHANGING LOT 21, GOEHRING SUBDIVISION, FROM "B" RESIDENCE DISTRICT TO "D" COMMERCIAL DISTRICT Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that this Ordinance 24, 1964, be adopted and become a law upon passage. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. 475 July 23� 1964 This being the date of the hearing on the West Mulberry Second Annexation, the City Clerk advised the Council that no written protests had been filed. The following ordinance was presented on first reading: ORDINANCE NO. 26, 1964 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE WEST MULBERRY SECOND ANNEXATION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THEREOF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 1953 Motion was made by Councilman McMillan, seconded by Councilman Colwell, that Ordi- nance No. 25, 1964, be considered favorably on first reading and ordered published this 23rd day of July, A. D. 1964, and to be presented for final passage on the 13th day of August, A. D. 1964. Roll was called resulting as follows: Ayes; Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. This being the date of the hearing on the Thunderbird Estates Sixth Annexation, the City Clerk advised the Council that no written protests had been filed. The following ordinance was presented on first reading: ORDINANCE NO. 27, 1964 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE THUNDERBIRD ESTATES SIXTH ANNEXA- TION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THERE of, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTE 1953 Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that Ordi- nance No. 27, 1964, be considered favorably on first reading and ordered published this 23rd day of July, A. D. 1964, and to be presented for final passage on the 13th day of August, A. D. 1964. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the tion adopted. This being the date of the hearing on the Thunderbird Estates Seventh Annexation, the City Clerk advised the Council that no written protests had been filed. The following ordinance was presented on first reading: ORDINANCE NO. 28, 1964 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE THUNDERBIRD ESTATES SEVENTH ANNEXA- TION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THEREOF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 1953 Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that Ordi- nance No. 28, 1964, be considered favorably on first reading and ordered published this 23rd day of July, A. D. 1964, and to be presented for final passage on the 13th day of August, A. D. 1964. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, llan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. This being the date of the hearing on the First Fairview "West"Annexation, the City Clerk advised the Council that no written protests had been filed. The following ordi- nance was presented on first reading: ORDINANCE N0. 29, 1964 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE FIRST FAIRVIEW "WEST" ANNEXATION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THEREOF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES, 1953 Motion was made by Councilman Guyer, seconded by Councilman McMillan, that 476� July 23 196LE Ordinance No. 29, 1964, be considered favorably on first reading and ordered published this 23rd day of July, A. D. 1964, and to be presented for final passage on the 13th day of Aug- ust, A. D. 1964. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. This being the date of the hearing of the Eleventh South shields Street Annexation; the City Clerk advised the Council that no written protests had been filed. The following ordinance was presented on first reading: ORDINANCE NO. 30, 1964 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE ELEVENTH SOUTH SHIELDS STREET ANNEXATION TO THE CITY OF FORT COLLINS AND TOiBE INCLUDED WITHIN THE LIMITS AND JURISDIC- TION THEREOF, PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO RE- VISED STATUTES, 1953 Motion was made by Councilman Guyer, seconded by Councilwoman Quinn, that Ordi- nance No. 30, 1964, be considered favorably on first reading and ordered published this 23rd of July, A. D. 1964, and to be presented for final passage on the 13th day of August, . D. 1964. Roll was called resulting as follows; Ayes: Councilmen Johnson, Colwell, Millan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion pted. The City Engineer advised the Council that he was ready to report on the bids and ais report, verbally, was that Kiefer Concrete Company was the low bidder and recommended acceptance of his bid. Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the low bid presented, which was made by Kiefer Concrete Company, be accepted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION F THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE TERMS OF AN AGREEMENT TO PURCHASE ERTAIN PROPERTY FROM HERBERT CROMER AND TESSIE V. CROMER WHEREAS, the City of Fort Collins desires to extend Remington Street in the City tween Stuart Street and Parker Street, and WHEREAS, it is necessary to acquire lands for the extension of said street, and WHEREAS, an agreement has been prepared by the City tittorney providing for the pur- chase of certain lands from Herbert Cromer and Tessie V. Cromer in exchange for the City's paying the water and sewer assessments and the main construction costs for the remainder of the property owned by said Herbert Cromer and Tessie V. Cromer which is contiguous to the property being purchased, which agreement has been approved by the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the erms of said agreement be and they are hereby approved. BE IT FURTHER RESOLVED that the Myor and City Clerk be and they hereby qre auth- rized to execute said agreement on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this 23rd day of July, A. D. 1964. s Ha ayor TTEST: s/ Miles F. House ity Clerk G. Johnson Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this solution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, olwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the tion adopted. 477 -; The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE BID OF KIEFER CONCRETE COMPANY IN CONNECTION WITH CONSOLIDATED STREET IMPROVEMENT DISTRICT NO. 58 AND AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A CONTRACT WITH SAID CONTRACTOR WHEREAS, the City of Fort Collin s by Ordinance No. 23, 1964, crested Consolidated Street Improvement District No. 58 and called for bids for the furnishing of the work and materials therefor, and WHEREAS, in pursuance with said advertisement for bids, Kiefer Concrete Company submitted the lowest and best bid which was heretofore accepted by the City Council, and WHEREAS, the City Attorney has prepared a contract to be entered into between the City of Fort Collins and said Kiefer Concrete Company, which said contract has been approved by the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY & FORT COLLINS that the terms of said proposed contract be and the same are hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby auth- orized and directed to enter into said contract on behalf of the City of Fort Collins. Passed anda dopted at a regular meeting of the Council held this 23rd day of July, A. D. 1964. /s/ Harvey G. Johnson Mayor ATTEST: /s/ Miles F. House City Clerk Motion was made by Councilman Guyer, seconded by Councilman Colwell, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Attorney advised the Council that Alvin and Florence Treiber had one acre foot of Northern Colorado Water Conservancy District water to offer with their water tap application. Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that the City purchase one acre foot of water from the Northern Coloreado Water ConservancyDistric owned by Alvin & Florence Treiber. Roll was called resulting as follows: Ayes: Council- men Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE APPLICATION BY THE CITY OF FORT COLLINS FOR THE TEMPORARY USE OF 1 ACRE FOOT OF WATER OF THE NORTHERN COLORADO WATER CONSER- VANCY DISTRICT WHEREAS, the City of Fort Collins has acquired 1 acre foot unit of water of the orthern Colorado Water Conservancy District, and WHEREAS, the Board of Directors of the Northern Colorado Water Conservancy District quire that the City of Fort Collins enter into a temporary use permit agreement with said strict for the transfer of said water, and WHEREAS, the Northern Colorado Water Conservancy District has submitted an approp- iate form of temporary use permit agreement to be entered into by the City of Fort Collins. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the ayor and City Clerk be and they hereby are authorized and directed to apply for the tempor- ary"use of said 1 acre foot of water by entering into a temporary use permit agreement with the Northern Colorado Water Conservancy District. Passed and adopted at a regular meeting of the City Council held this 23rd day of July, A. D. 1964. /s/ Harvey G. Johnson Mayor TTEST: s/ Miles F. House 478 July 23, 1964 Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the tion adopted. The following resolution was presented and read at length: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH JOHN J. W. ANDRIJESKI AND KATIE E. ANDRIJESKI PERMITTING USE OF WATER OUTSIDE THE CITY LIMITS WHEREAS, an application was heretofore made to the City Council for permission to tap the water mains of the water system of the City of Fort Collins by John J. W. Andrijeski and Katie E. Andrijeski, and WHEREAS, under the provisions of Section 21-27 of the Code of Ordinances of the City of Fort Collins no additional taps for new consumers outsidethe city limits of the City of Fort Collins shall be permitted, except as the City Council expressly provides for by resolution, and WHEREAS, the City Council has approved said application subject to the entering into by said applicants of an agreement in connection with the granting of the application, and WHEREAS, the City Attorney has prepared an agreement in accordance with the policy ofore adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the pplication of the above mentioned parties be and it is hereby approved. BE IT FURTHER RESOLVED that the terms of the agreement pertaining thereto be and hey are hereby approved. BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized and irected to execute said agreement for and on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the City Council held this 23rd day of uly, A. D. 1964. TEST s F s/ Harvey G. Johnson Motion was made by Councilman McMillan, seconded by Councilman Guyer, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the tion adopted. The City Attorney advised the Council that the water connected with Donald L. Knapp for which an application for a water tap had been made is a share of Mercer Ditch Company water. The Mayor advised the Council that this was only a very small amount of water to apply to the 15 acres for which the applicant wished a water tap and recommended that this matter be referred to the Water Board for their recommendation. The City Attorney advised the Council that he had talked with Mr. Ichureman in ference to the fifty shares of Capital Stock of North Poudre Irrigation Company which has an offered to the City by Mr. Schurem4n and that there was a slight variation in the usual reement for the purchase of the North Poudre Irrigation Company stock, which was incor- rated in the agreement. The following resolution was presented and read at length: Resolution OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT WITH T. E. SCHUREMAN FOR THE SALE TO THE CITY OF FORT COLLINS OF 50 SHARES OF CAPITAL STOCK OF THE NORTH POUDRE IRRIGATION COMPANY WHEREAS, T. E. Schureman has offered to sell to the City of Fort Collins fifty (50) shares of capital stock of the North Poudre Irrigation Company, and WHEREAS, the purchase price of said stock is Twenty -Three Thousand Dollars and ($23,000.00), of which sum Three Thousand llollars 33,000.00) is in lieu of interest 479 at the rate of five per cent (5%) per annum, and WHEREAS, an agreement has been prepared for the sale of said stock to the City of Fort Collins, which said agreement provides for a discount if the purchase price be paid at any time before the expiration of three (3) years, at which time the full balance of said purchase price becomes due and payable, and WHEREAS, said agreement has beenapproved by the City Attorney and '-'ity Manager. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that said fifty (50),ahares of capital stock of the North Poudre Irrigation Company be purchased from T. E. Schureman; BE IT FURTHER RESOLVED that the terms of the proposed agreement pertaining to said sale be and the same are hereby approved; BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby auth- orized and directed to execute said agreement for an d on behalf of the City.of Fort Collins Passed and adopted at a regular meeting of the City Council held this 23rd day of July, A. D. 1964. /s/ Harvey G. Johnson Mayor ATTEST: /s/ Miles F. House City Ulerk Motion was made by Councilman Johnson, seconded by Councilwoman Quinn, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The matter of the power supply and pooling of resources for five municipalities, which has been discussed by representatives of said cities and also presented to the Council. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A JOINT UNDERTAKING WITH THE CITIES OF LONGMONT, LOVELAND, FORT MORGAN AND ESTES PARK FOR OBTAINING AN ENGINEERING REPORT ON POWER SUPPLY AND POOLING FOR THE PARTICIPATING MUNICIPALITIES, AND APPROVING THE TERMS OF AGREE- MENTS TO BE ENTERED INTO WITH R. W. BECK AND ASSOCIATES AND RAPHAEL J. MOSES IN CONNECTION THEREWITH WHEREAS, a preliminary study has indicated that formation of a municipal power pool for supplying the basic future power requirements of the Cities of Fort Collins, Long- mong, Loveland, Fort Morgan and Estes Park may be economically advantageous to such munici- palities, and WHEREAS, the Platte River Division of the Colorado Association of Municipal Utilities of which Fort Collins is a member, has done preliminary work in connection with a study and analysis of a proposed formation of an efficient muncipal power pool, and WHEREAS, said Association has interviewed Consulting Engineer in this field and has recommended to the several municipalities that a contract be entered into with R. W. beck and Associates for the purpose of obtaining an Engineering Report on Power Supply and PooliN Arrangements, and WHEREAS, numerous legal problems will be presented in connection with such Engineer- ing Report and said Association has recommenced that Raphael J. Moses be retained to furnish legal advice with respect to such matters as may arise in said study, and WHEREAS, contracts have been prepared to engage the services of R. W. Beck and Asso- ciates and Raphael J. Moses in which the participating municipalities will pay for the -ser- vices of R. W. Beck and Associates and Raphael J. Moses in accordance with the per kilowatt- hour sales of the several participating municipalities, and WHEREAS, it is the opinion of the City Council of the City of Fort Collins that it will be to the best interests to the City of Fort Collins if a joint study of power supply and pooling be made by the several participating municipalities above named and that the services of R. W. Beck and Associates and Raphael J. Moses be obtained in connection there- with. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City of Fort Collins join with the Cities of Longmont, Loveland, Fort Morgan and Estes Park in obtaining an Engineering Report on Power Supply and Pooling Arrangements; BE IT FURTHER RESOLVED that the terms of the proposed agreements between the parti- cipating municipalities and R. W. Beck and Associates for making the Engineering Report on. Power Supply and Pooling Arrangements and the terms of the agreement with Raphael J. Moses for furnishing legal services in connection t erewith by and the same are hereby approved; BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby author- ized and directed to execute the aforesaid agreements for and on behalf of the City of Fort ,Collins. 480 July 23,_j96LL Passed and adopted at a regular meeting of the City Council held this 23rd day of July, A. D. 1964• /s/ Marvey G. Johnson Mayor ATTEST: /s/ Miles F. Hogpe Citv Clerk Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this esolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, olwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the ion adopted. The following communication was presented and read at length: Lynn A. Hammond Attorney at Law July 21, 1964 ity of Fort Collins ort Collins olorado lemen: Pursuant to provisions of Chapter 139, 'Lrticle 35, Section 1, 1953 C.R.S., we herewith give you notice of an accident which occured on June 10, 1964, in the 1000 block of McHugh Street, involving a collision between automobile owned and operated by Yvonne Palmer, 704 South College Avenue, Fort Collins, and a protruding manhole. The accident occurred at approxi- mately 8:10 P.M., and a passenger in the car, Jean Flock, of the same address, sustan_ned per sonal injuries. The damage to Mrs. Palmerts car exceeded $200.00. Very truly yours, Lynn A. Hammond Motion was made by Councilwoman Quinn, seconded by Councilman Guyer, that the claim be referred to our insurance carrier. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Mr. Ward Fischer was present and followed up on his previous request to investi- gate the possibility of a by-pass road following the Union Pacific tracks to Prospect Street Denver with the statement that he had contacted the/Milk Producers Company who own the Frink property and they have given a definite "no" on the dedication of a certain portion of that property for road purposes. It appears that the only method that is now open 'to ;obtain a right of way is to start^condemnation proceedings and this would have to be done by the County since the land required is not in the City limits. He stated that he had met with the County Commissioners and they were very willing to meet with the City Council and find a way to obtain a right of way to obtain this by-pas3 road. The Mayor recommended that the Council meet with the County.Commissioners at Larry's Cafe next Wednesday noon for luncheon and request Mr. 1�ischer to invite the County Commissioners to meet as guests of the City Council at that time. Mr. Marion Jones who recently attained approval for a contract for paper salvage at the City Dump, appeared before the Council again in reference to certain trash haulers who were not using the City Dump for their paper and trash. After considerable discussion, between Mr. Jones and several other trash haulers and the Council, the Mayor advised Mr. Jones and the other trash haulers present, that there not much that the City could do for the balance of this year in compelling the trash haulers to use the dump. The City Attorney stated that if the trash haulers license could be tightened considerably, more control over the dump could be maintained by the City, and that the matter should be taken under consider- ation before the new license period. Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillen, Guyer and Councilwoman Quinn. Nayes: None. The President declared the motion adopted and the Council adjourned. r ATTEST: 11