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HomeMy WebLinkAboutMINUTES-03/12/1970-Regular121 MI11UTES OF A REGLrLAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, March 12, 197C, at 1:30 o'clock P.M. Present: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. City Manager Coffey, City Attorney March and Director of Public Works Liquin. Motion was made by Councilman Kissock, seconded by Councilman Lopez, that the reading of the minutes of the last "regular meeting held March 5, 1970 be dispensed with. Roll was called resulting as follows: Ayes: Councilmen. Carson, Troxell, Lopez, Kissock and Kruchten Glared the motion adooted. Nayes: None. The Mayor de - The Merchant of the Month Award was awarded to Mr. C harles,Pope, owner of the Village Pancake House. The Mayor stated it was a privilege to present this award for fire safety. Fireman Munsie recommended this award on behalf of good housekeeping and stated he appreciated this kind of support and.hoped the other merchants will do the same. The following proclamation was presented by Mayor Carson and read at length: PROCLAMAT=Oti WHEREAS, Dr. Martin Luther King, Nobel Peace Prize {dinner, Leader of Men, Man of God, was born on January 15, 1929 and died April 4, 1968; and WHEREAS, Dr. Martin Luther King did devote his life to the service of his fellow man; and WHEREAS, Dr. Martin Luther King's life stands as an example to all men who would devote their lives to the service of mankind; and WHEREAS, March 2h, 197C, has been established as.$ day of national tribute to the memory of Dr. King; therefore I, Karl E. Carson, Mayor of the City of Fort Colins do hereby proclaim March 24, 197C to be Dr. Martin Luther King Tribute Day and urge all citizens of our community to so acknowledge it. /sl Karl E. Carson Mayor The following ordinance was presented on first reading and read at length: ORDINANCE NO. 22, 1970 BEING AN ORDINANCE VACATING AN ALLEY IN THE MILLER BROTHERS FOOTHILLS SUB- DIVISION, FIRST FILING, SECOND FILING AND THIRD FILING, CITY OF FORT COLLINS, COLORADO MotionT.as made by Councilman Troxell, seconded by Councilman Lopez, t that Ordinance No. 22, 1970, be considered favorably on first reading and to be presented for final passage on the 2nd day of April, A D. 1970. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. 122 The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING ARTHUR NEWTON AS OF THE CITY OF FORT COLLINS PERSONNEL BOARD WHEREAS, William J. Galyardt has resigned as a member of the C't of Fort Collins Personnel Board; and I A MEMBER. i y W}3EREAS, the City Council desires to apoint Arthur Newton to fill out the urBxpired term of the said William J. Gtoyseaveoa aid Boardofasaidnd hBoarda Arthur Newton has indicated he is willing NOW, THEREFORE, BE IT RESOLVED BY THE Cp OCIL Ointed as CITYmembOOFoFORT COLLINS that Arthur Newton be: and he hereby is a p the City of Fort Collins Personnel Board to serve out the unexpired term of William J. Galyardt on said Board. Passed and adopted at a regular meeting of.the City Council held this 12th day of March, A. D. 1970• /sl Karl E. Carson _ Mayor ATTEST: /sl John Bartel City Clerk Motion was made by Councilman Kissock, seconded by Councilman Troxell, that this resolution be adopted. Roll was cabled resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following resolution was presented and read at length: RESOLUTION 70-33 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING GEORGE MOCK AS A• MEMBER OF THE CITY OF FORT COLLINS PLANNING AND ZONING BOARD WHEREAS, Don Stuart has resigned as a member of the City of Fort Collins Planning and Zoning Board; and WHEREAS, the City Council desires to appoint George Mock to fill out the unexpired term of Don Stuart on said Board, and the said George Mock has indicated he is willing to accept such appointment. NOW, THEREFORE, BE IT RESOLVED BY THE CNCI aOSFaTmemberYoOfFtheROity COLLINS that George Mock be and he hereby is appointed of Fort Collins Planning and Zoning Board. ' Passed and adoptedRat a regular meeting of the City Council held this 12th day of March, A. D. 1970• /sl Karl E. Carson Mayor ATTEST: /sl John Bartel _ City Clerk Motion was made by Councilman Lopez, seconded by Councilman Troxell, Roll was called resulting as follows: ':Ayes: that this resolution be adopted. ell, Lopez, Kissock and'Kruchten. Noyes: Councilmen Carson, Trox The following resolution was presented and read at length: RESOLUTION 70-34 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING HA RVEY JOHNSON AND FRED FEIT AS PUNBERS OF THE CITY OF FOFT COLLINS WATER BOARD WHEREAS, the terms of Harvey Johnson and Fred Feit on the City of Fort Collins Water Board exairedon February 1, 1970; and WHEREAS, the City Council desires to reappoint them as members of such Board, and they have indicated they sre willing to serve_ another term on said Board. NOW, HEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Harvey Johnson and Fred Feit be and they hereby are reappointed as members of the City of Fort Collins Water Board effective February 1, 1970, for a term of four years. Passed and adopted at a regular meeting of the City Council held this 12th day of March, A. D. 1970. '/a/ Karl E, Carson Mayor ATTEST: /s/ John Bartel City Clerk Motion was made by Councilmn Kruchten, seconded by Councilman Troxell that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor dec lared the motion adopted. The following communication was presented and read at length: March 5, 1970 City of Fort Collins City Engineers Office 300 LaPorte Ave. '.-:Attention: Mr.Roy Bingmar. Gentlemen: Fort Collins Cycle Center is located between two Service Stations on Riverside Drive with entirely inadequate parking in front. Behind the shop, on Magnolia, I have provided adequate parking but with a narrow, totally inadequate driveway. To improve this situation, both for myself and for my neighbors benefit, it is requested that permission be granted to widen this driveway on Magnolia the..full width of the lot, -fifty feet. This will be graded and blacktopped in confor- mity with your specifications. I have requested Mr. Alan Kob to make arrangements for the permit and to have the work done for me. Sincerely, FORT COLLINS CYCLE CENTER ✓s/.J. C. McKnight The Director of Public Works Liquin stated that only 25 Beet could be allowed, also the Traffic Engineer recommended a•25 foot cut. After discussion. the City Attorney stated that it'could not be 50 feet wouthout changing the ordinance. Motion wasmade by Councilman Troxell, seconded by Councilman Lopez, that.this request be denied. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes.: None. The Mayor declared the motion adopted. 12 The following communication was presented: March 10, 1970 MEMORANDUM THROUGH: Tom Coffey, City Manager TO: Honorable Mayor and Council Members FROM: Stan Case, Director of Utilities SUBJECT: Revision No. 8 to Contract No. 14-06-700-6155 Attached herewith is the proposed Revision No. 8 of Exhibit A to our power contract outlining the next six months power requirements from the Colorado River Storage Project. The change as outlined in paragraph three increases our contractual amount for the summer season from 17,500 kilowatts to 20,500 kilowatts. This is the standard six months administrative change, and it is therefore recommended that the Council approve this revision and authorize the Mayor and City Clerk to execute the same on behalf of the City. /s/ % n Case Director of Utilities Mr. Stan Qse, Director of Utilities, was present and spoke regarding this change and the summer and winter demand increase. Afterdiscussion; motion was made by Councilman Lopez, seconded by Councilman Troxell, that this matter be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Na-yes: None. The Mayor declared the motion adopted. The City Manager advised the Council that an amendment to the agree- ment betweenthe Poudre Valley Hospital, Jack Peverley, the County and the City had been drawn, whereby the City will pay one fourth of the cost. The following amendment of agreement was presented and read: March 4, 1970 Mr. Tom Coffey, City Manager City Municipal Building 300 Laporte Avenue Fort Collins, Colorado Last October Jack Peverley requested the Hospital Board to permit an increase in the ambulance service charges. The Hospital Board approved an amendment of agreement between Peverley and the district which was effective the first of November, 1969. The copy of the amendmentof agreement is enclosed for your information and record Sincerely yours, /s/ J. R. Peterson Administrator AMENDMENT OF AGREEMENT ' THE AGREEMENT made and entered into this 13th day of October A. D. 1967, by and between John F. Peverley and the Poudre ValleyHospital District is hereby amended: , Paragraph 7 is amended to read: 7. Peverley agrees that tHe'maximum charges to be made to the public for ambulance service shill be as followa: Calls within the city limits of Fort Collins $30.00 Vase rate with the following additions to the blase rate: , 1 $5.00 if emergency call (requiring the use of red lights and siren:; $5.CO if oxygen and/or resusutation is used with a $7.50 charge if oxygen is used in transporting patients to either Denver or Cheyenne. $2.00 to $5•00 when special handling is required. Calls outside of the city limits of Fort Collins; same as set forth above with the addition of $1.00 per mile from place where patient is received by ambulance to place of delivery. Sit up patients shall be charged $15.CC. All rates set forth above are per patient charge. Maximum rates betweE Fort Collins and towns and cities 25 miles or more distant shall not exceed $.75 per mile one way in addition to the base r ate, an the rate eneetween Fort Collins and Denver shall be $75• between For$65.00 and between Fort Collins and Greeley, $55•00. Dated at Fort Collins, Colorado, this 1st day of November, 1969• .. /s/ John Peverley THE POUDRE VALLEY HOSPtTAL_AIST. /s/ F. W. Michael ATTEST: /a/ Wayne Ballah After discussion, motion was made by Councilman Troxell, seconded by Councilman Lopez, to ratify this agreement. Roll was called resulting as follows: Ayes: Councilme n Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The City Manager presented the follovang agreement which was read at length: AGREEMENT THIS AGREEMENT made and entered into this 5 day of March, A. D. 1970, by and between the City of Fort Collins, Colorado, a municipal corporation, hereinafter designated as "City", and the parties whose names are subscribed to this agreement, hereinafter designated as "Owners", WITNESSETH: WHEREAS, the City is the owner of certain lands located in Secation 31, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which lands are the proposed site of a municipal golf course, and WHEREAS, there is attached hereto -as exhibit A a plan showing the propesed lay -out of said golf course, and - WHEREAS, across said lands there is existing:an-open ditch, which ditch receives waters from the"No. 2 canal and"Warren Lake, and carries such waters to the lands of the Owners, and WHEREAS, in conneetion with the construction of such golf course the City desires t o tile such open ditch, and WHEREAS,, the Owners have agreed to permit said ditch to be tiled upon theterms and conditions herein expressed, NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE TERMS OF THE WITHIN AGREEMENT, it is agreed as follows: 1. The City agr&Qs to tiles the ditch above referred to with 18 inch concrete tile sealed joints as_the same crosses the lands of the City, and the Owners hereby consent to the tiling of said ditch. 126 2. The City agrees that said ditch when tiled shall be of such capacity and be constructed in such manner that it will perform the functions now being performed by the existing open ditch lateral. All work to be done by the City on such ditch shall be performed in a good and workmanlike manner and all materials used shall be of good quality. 3. City agrees that it will do the work to be done at such time and in such manner so as not to interfer with any of the Owner's normal use of the ditch, and so that none of the Owners will suffer any loss or use of irri- gating waters to whit h they may be entitled. 4. The City shall be responsible for the maintenance of such the ditch through its lands and the unrestricted flow of irrigation water. THIS.AGREEMENT shall be binding upon thexarties hereto, their heirs, personal representatives, successors and assigns. Signed and delivered the day and year first here and above wiritten. CITY OF FORT COLLINS, COLORADO ATTEST:. /s/ /sl Karl E. Carson John Bartel Robert W. Shields City Clerk Ilene E. Shields Calvin J. Strobel Beverly J. Strobel William E. Morgan Lila B. Morgan K. Bill Tiley Fred W. Nussbaumer Martelle W. Nussbaumer Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that this agreement be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The Vanguard Park Unit Development Plan was presented. Assistant Planning Director Reber tEngelke, was present and stated that the Unit Develop- ment Plan should have been presented with the Subdivision. He explained that Mr. Magerfleisch requested a variation in the side and front yards which meets with the Building Code. He also requested a fence 7 feet high. Mr. Engelke stated the Planning and Zoning Board approved the plan with the variation request- ed, with the exception of the 7'foot fence. Motion was made by Councilman Troxell, seconded by Councilman Lopez, that this plan be approved subject -to deletion of the 7 foot fence. Roll was called resulting as"follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The followin g communication was presented and read at length: I PARKS & RECREATION DEPARTMENT March 11, 1970 TO: Mr. Tom Coffey City Mapager SUBJECT: Storm damaged elm tree sanitation -work. During the past week and before the bid opening of the tree sanitation work, investigation of the areas selected disclosed one area in Grandview Cemetery area 1-a-) \ 1G( where thirty (30) trees were left off the specification sheet because of a typing; error. Prior to bid opening on Wednesday, March 11, agreement was reached by the Parks and Recreation Department, the Purchasing Agent and the two bidders, Kincaid Tree Surgery and the Walker Tree Service, to alloy: each bidder to submit an alternate bid to Proposal 1#5 - Grandview Cemetery, with the understanding that the alternate bid (5A) would count towards the total Grandview Cemetery bid. Also, both bidders agreed to a 3% tolerance for being wer or under the actual tree count. Signed agreements are on file with each bid. The bid results are attached and we recommend acceptance of the low bidder on each proposal as shown.. Kincaid Tree Surgery - $5,440.00 Walker Tree Service 18,713.50 /s/ Ed Kuppinger Purchasing Agent /s/ H. R. Phillips Director of Parks and Rec.,.. The City Manager stated that $8,000.00 was alloted in thebudget to handle the original decision to attempt to prevent the Dutch Elm Disease in.-. Fort Collins, but that the early snow storm changed this completely. He_.__ stated that Kincaid Tree Surgery and Walker Tree Service bids total $24,153.50 and this will require - some budgeting this fall and recommended awarditg the contract to the two bidders. Mr. Doyle Kincaid appeared and spoke regarding this matter, stating that much was said regarding this problem in the Park Department and with C.S.U., and suggested the printng of a volume of mater- ial made available for caring of trees, particularly Chinese Elms The City Manager stated he is trying to organize a inter -City Club and divide the City in.t( sections whereby they can appoint a member in each section to report bad trees and notify the owner to obtain proper care. Mr. Kincaid stated that damage to the trees would not be known until they leafed out this Spring and suggested the City not spend money on dead trees. Mr. Walkerdo oagreed with this, stating that it would take him approximately three months to/this work and that the cemetery would be slower because of the stones, could probably average 3 or 4 trees a day. Motion was made by Councilman Troxell, seconded by Councilman Kruchten, that these recommendations Ibe•approved. Roll was called resulting as follows: Ayes: Councilmen, Carson, Troxell, Lopez, Kissock and Kmzchten. Na-yes: None. The Mayor declared the motion adopted. Mr. Kincaid stated he appreciated the acceptance of t1is project and believes in the sanitation bf the Chinese Elm Disease Was concerned about the cost. Stating there was freeze damage, especially to the Chinese Elms, but will leaf out. this Spring ifi there is any possibility. He stated this disease had not occured as severly in the American Elm, stating he would not like to see the City spend this money unless the tree is al ive Mr. Walker agreed that it. was, useless to prune a`dead tree and suggested waiting unt% the tree is leafed out -,to better estimate the damage. 128 Councilman Troxell stated the amount of damage in the City Park and Golf Course is neglible. The City Manager asked Mr. Walker if he would do the golf course lase. He stated that there were 1,050 elms in the City with approx-11 imately 42. damage by the storm., The Council held a hearing on the application of Sir s, Ltd., to enlarge premises in connection with a 3.2 Beer License Paul Haumont,owner of Sir's, Ltd., 1220 West Elizabeth, was present and sworn in for testimony regarding the application for enlarging of his place of business. The following letter of objection was presented and read at length: February 25, 1970 City Council Dear Sirs: This letter is in response to the public notice that appeared in a recent pub oloradoan regarding.the enlargement of Sirs, Ltd., lication of tke Fort Collins C at 1200 West Elizabeth. Our property, known as St. Paul's Episcopal Church, 1208 West vlizabeth, is con- tiguous to the business establishment above mentioned, and it has been our sad experience in the past that the patrons of this business have and do abuse our property. They not only walk across our lawn, they have been known to drive their cars across it and litter it with empty beer containers and trash. Furthermore, on certain nights these said patrons park their cars on our parking lot to the point that it is unuseable for the members of our church. We do not object to Mr.. Haumont or to his business as such, but if we cannot be assured of the privacy and use of our own property at all times, we feel we have no alternative but to protest the proposed enlargement Sincerely, /sl Miss Adeline Kan Bishop's Warden, fit. Paul's 'Chapel . William Bacon Vicar, St. Paul's Chapel Mayor Carson asked wilt percentagelhe'was enlarging over what he has now and how many parking spaces he will have. Mr. Haumont stated he was enlarging 3,600 square feet, at present he is operating'•in an area of 5,000 square feet. He stated there is no other parking available except across the street. The Campus.Shopping Center businesses all,have parking problems and stated that Saint Paul's Chapel pa5.d for. paving of an area of church property for parking. He said the people park anywhere to get to the theatre and there is more trash le it on the parking lots by patrons from the Drive -In. He said they police the area regularly, they do not open unt`.1 4:00 P.M. on Sundays and that about 8:00 P.M. is the time when the parking problem occurs. He said his establishment has a lot of walk-in business. The area is pmliced-at night and the janitor picks to keep.the area clean. Their business has increase up all litter, and they try: in the restaurant and parking is a problem, especially on basketball nights. He stated they pay for sweeping of area, removing of show, litter, etc. 1LU March 12, 1970 0 InFl - - -- =-- - Councilman Kissock asked if space in the restaurant would be the same as before. Mr. Haumont stated that the kitchen area gill be increased and nov part of the dining area and will have a separation for sandwiches, etc. for the students, however, mostly restaurant. Rest rooms will be redone.- Councilman Kruchten asked 'now many parking spaces would be available. Mr. Haumont stated he did not know the number of parking spaces around his bus- iness. Since the Ordinance requires 20C square feet per space, and he will have 8000 square feet, this would mean !IO parking spaces. The City Attorney suggested the Council take this matter into con- sideration with the right to open the hearing again. Councilman Troxell asked how many signatures he had received on petitions. Mr. Haumont stated 911 residents living in the area and that no one had refused to sign the petition except Don Maxwell of the Campus Cleaners who did not give any reason for not signing. Motion was made by Councilman Kissock, seconded by Councilman Lopez, that this matter be taken under advisement and explore the parking problem. Roll was called resulting as follows: -Ayes: -Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The application of C.S.U.:Student Center at the University, for renewal of a Fermented Malt Beverage License, to the City and State, wa-s pre- sented. Motion was made by Councilmn Lopez, seconded by Councilman Kissock, that this application be approved. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared themotion adopted. The following right of way agreements were presented and read at length: RIGHT Or. WAY AGREE FNT This agreement, made and entered into this 10th -day of March , A. D.'19 70 , by and between The State Board - of Agriculture, a public corporation, of the County of Larimer, State of Colorado, party 2of the first part, and the City of Fort Collins, a Municipal corporation of the County of Larimer, State of Colorado, party of the second part, WITNFSSETH: That for and in consideration of the covenants and agree- nients herein and the sum of One Dollar ($1.00) and other valuable considerations is hand paid by'second party to first party, re- ceipt of which is hereby acknoi:,ledge¢, first party has granted and conveyed, and by these presents does grant and convey to 130 _ construction, maintenance, servicing and operation of an under- i grpund water line in and upon lands situate in the County of Larimer, State of Colorado, the center line of said right of way being as follows, to -wit:' Beginning at the northwest corner of the southwest quarter of Section 23, WN, R69IY of the 6th P.M. thence easterly along the north line of said southwest quarter 40.00 feet to the true point of beginning; thence southerly, parallel. to the west line of said southwest quarter, 1650.00 feet, to the point of terminus. First party further agrees that during the construction of said ~rater line, second party may use a 40 foot wide.area along said right of way line. As part of the consideration hereof, and by acceptance of this grant of right of way, said second party agrees as follows: 1. .That no more of said lands shall be used for the purpose of constructing and maintaining said water line than may be found absolutely necessary by the engineers and contractors in charge of the work, provided that in no event shall the land used exceed a width of five feet. 2. That said water line shall be laid so that the top of the line shall be at least two and one-half (2 1/2) feet below the surface level of the ground and the center of the water line shall coincide with the center line of the right of way. 3. All trenches and excavations made in the haying or re- pairing of such pipeline shall be properly backfilled and as much of the original surface soil as possible.shal•1 be placbd on top. All large gravel, stones, and clods will be removed from the finished backfill. Second party will finish the back -- fill after normal settling of the soil so that the use and enjoy- ment of said land.by first party will be suitable for the pur- pose now used. Second party will maintain the trench area for a two. (2) year period following the completion of construction. 4. Second party agrees to pay to first,party a sum computed at the rate of One Dollar ($1.00) per lineal foot of easement along the land of first party and the total sum to be so paid is $1650.00, 5.. Second party agrees to repair and replace all. fences or other improvements which may be damaged in the•course of con- struction, maintenance, repair, replacement, or inspection and to pay to first party any damage- caused to first party's property or improvements thereby. 6. The amount paid for the casement, as indicated in item 131 7. First party agrees to reimburse second party for the Shields Street asphalt paving adjacent to its property in the amount- of $1766.75 ($0.50 per front foot). 8. First party, its successors or assigns reserve the right to use the surface or subsurface of the right of way provided such use does not interfere with the operation and maintenance of the water line. 9. Whenever, in the opinion of the first party, the under- ground water line installed and maintained pursuant to this agreement interferes with first party.'s use of or operations upon the premises, first party may, at its own expense and risk, no sooner than sixty days after written notice thereof, lower or relocatd and reconstruct the line or appurtenances upon or across partj- of the first part's property to the depth or at = the location of a line desired by the first party. 10. This agreement and the right and privileges herei.n granted shall terminate in the event that the -second party shall fail, for the period of one year, to maintain and oper- ate a water line in and upon the premises. This agreement and all interest of the second party, at the option of the first party, shall terminate upon breach by second party or any of the terms and conditions and failure of the second party to remedy sane within thirty -days after written notice by first party. In the event of termination, the second party at its expense, shall remove all lines and appurtenances thereto in and upon the premises and restore the premises to'its original:...__ condition; and upon failure to do so within sixty days after termination, the first party may so undertake at the expense of the second party. 11.. second party shall be responsible for and hold first party harmless from any claim which may arise as the result of the installation, operation, maintenance, repair, replacement and inspection of the water line. Whenever used herein the singular number shall include the j Plural, the plural the singular, and the -use of any gender shall i be applicable to all genders. All of -the covenants herein shall be binding upon'the respective heirs, personal representatives, successors and assigns of the parties .hereto, provided that the right of way herein granted is personal to the second party and shall not be assigned by the second party in whole or part with- .. Out.. the Prior 1'ri.tter rnn,, nrf- of +t-., 132 March 12 1970 c binding upon the heirs, successors or assigns of the parties hereto. IN WITNESS WHEREOF, first party has hereunto set his hand and seal the day and year first above written and second party has caused this agreement to be executed by its Mayor and its corporate seal to be hereunto affixed, attested by its City Clerk pursuant to motion adopted by the City Council of the City of Fort Collins, on the 12th day of _March , A. D . 19 70 THE STATE BOARD OF ATTEST: p , FirsParty Assistant Secretary V THE CITY OF FORT COLLINS By -AP � Mayor ATTEST: City Clerk Second Parties COUNTY OF LARIMER ) ss STATE OF COLORADO ) The foregoing instrument was acknowledged before me this a 1 = (fay of , A. D. 19 by ` r Witness my hand and official seal. \ My commission,expires: ry Coy ssien C;ups - Vhi3 a�reer^nt, made and e.a cree le':LO ibis loc.n _ day Of -"•"-` , A.D. 19 70 , by and b2icaeca of the County of Larit2cr, State of Colorado, party of the first part, and the City of Fort Collins, a i:unicipal corporation of the County of Larimer, State of Colorado, party of the second part, VJTBESSFTii: That for and in consideration of the covenants and agreeaents herein and the sus. of One Dollar ($1.00) and other valuable considerations in hand paid by second party to first party,_receipt of which is hereby ackno:;ledged, first party has granted and conveyed, and by these presents does grant and convey to second party, its successors and assigns, a Twenty (20) foot wide right of way for the construction, maintenance, servicing and operation of an underground water line in and upon lands situate in the County of Larinar, State of Colorado, the center line of said right of Way being as follows, to -wit: Beginning at the northwest corner of Section 23, T7h', R69W of the -6th P.M., thence SO0°00'00" along the west lint of the northwest quarter of Section 23, with all bearings relative thereto, 1282.00 feet; thence S90'00'00"E 40.00 feet to the true point of beginning; thence S00°00'00" 1364.20 feet, more or less, to the point of terminus on the south property line. First party further agrees that during the construction of said: water line, second party iiay use a 20 foot tide area along Said right of way line, in audition to the permanent right of way granted above. As part of the consideration hereof, and by acceptance of this grant of right: of way, said second party ac,rees as follows: �- 1. That n0 LOr2 Of said lands shall be used for the purpose of con.structinZ and P.la-iFltalnin„ said water _ line than ma'y' bey fOL'nd absolutely nec2ssar'y by the en-.ineers and contractors in charge of the uorU. 2. That •said water lin sbeJl be laid so that: the too of the line shall iee at laest Caro and one-half (2 1/2) feet below t:__ surfac-2 level of tt?e gr ou od. .. 134 ? 3. All trenches and excavations made in the laying.or rep:irind, of i such pipeline shall be properly backfilled and as much of the original surface soil as possible.shall be placed on top. All large gravel, stones, and clods will be removed from the finished backfil.l. Second party will fini-sit the backf.ill after normal settling of the soil so that the use and enjoyment of said land by first party h•:ill be suitable for the purpose no --.a used. Second party will maintiain the trench area for a two (2) year period following the completion of construction. �i.. Second party agrees to pay to first party a sum computed at the rate of Fifty Cents (001) per lineal foot of: easement along the lands of °first party and the total sum to be so paid is ti Dollars. 5. Second party agrees to repair and replace all fences or pasture which may be damaged in the course of construction. 6. First party agrees to reimburse second party in the amount- of $992.20 . for the asphalt paving on Shields Street ($0.50 per front -foot). Payment under item no. 4 of $1364.20, less reimbursement of'$992.20 to second party, results in net payment to first party of $37.2.00. 7. Payment of $1.00 per foot under item no. 4 includes payment for crop or`posture damage. jlhenever used',herein the singular number shall include the plural,. the plural the singular, and the use of. any gender shall, be applicable to all genders. All Of 'the covenants herein shall"be binding upon the respective heirs, personal representatives, successors and assign.`, Of the parties hereto. it id understood sad agreed that this. agieembnt sha,11_ be binding epbi-L .the heirs, successors or assigns of the panties hereto. . . (2) / o j 'k IH [ilTctESS W:UE.EOF, first party has hereunLo seL his hand and seal the day and yearfirst above �;riLter, a"d second party has caused this agreement to be executed by its Mayor and its cor,:orate seal to be hereunto affixed, attested by its City Clerk pursuant to -;'(U n adopted by the City Council. of the City of Fort Collins, on the 12t% day of '••;arch , A. l): 19 70 il�:c 1.%ram tc�_ First 'Party THE CITY 0 F/OP;f�jCOLLINS BYi.� Mayor 0 ATTEST: ------.City Cleric Second Parties COITiTY OF 1.1-1ilimi"P j ss. STATF. OF COLO U)O ) The foregoing instrumnnt was ae.no-,71E_ed b;iiore t^e. this l__.------day or c _,by 'V-�: is �- Witness my hand and oi-hieial Seal.. P.y on esni.rcr_;: u 136 2. 1970 Motion was made by Councilman Lopez, seconded by Councilman Kruchten, and that these agreements be approved/the Mayor and City Clerk be authorized to execute the agreements on behalf of the City. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following communication was presented and read at length: January .8, 1970 TO: Tom Coffey, City Manager THRU: Charles Liquin, Director of Public Works FROM: Roy A. Bingman, City Engineer RE: Specifications for Sewer and Water; Curb and Gu.;,.er Sections. The Public Works Department has, over the past several months, re- viewed sewer and water specifications with a committee of local developers, contractors and engineers. The comments of the committee wereviewed by Chuck, Ed Hilgenberg and myself, and applicable changes were made where we felt they were warranted. The enclosed specifications reflect these changes. We wish to present these specifications to the City Council for their consideration and adoption.' I have also enclosed a drawing of a new curb, gutter and sidewalk section. This would replace the standard "Hollywood" curb, gutter and k.a.ide- walk which is now used in residential areas. We had Flatiron Materials Company construct a section of the new type in the tree dump for the con- tractors and developers to inspect and drive over. The new section met our expectations in that it is much smoother to drive over, and has 3 feet 6 inches of sidewalk, vs. 2 feet 8 inches for the old section. It will not be necessary for homeowners to construct separate driveways with the new section, saving the homeowner $80 to $log. The new section will cost more per foot, because there is more concrete to be placed; however, the contractors do not have a cost figure` because there are some construction differences. We wish to submit this to the council also for theirconsideration and adoption. In adopting the specifications and the new curb and gutter section,. it would seem best to have them apply to all new subdivisions after the effect- ive date of the ordinance. This should allow an orderly transition to.the specifications and curb section.. Respectfully submitted, Roy A. Bingman' City Engineer. Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that this report be accepted and approved. Roll was called resulting as fol lows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The City Manager advised the Council that he had pla.ns"and specifi- cations for the construction of a house for the Superintendent of the new golf course, the estimated bid being $16,000.00. , Motion was made by Councilman Kissock, seconded by Councilman Kruchten, that the City Manager be, authorized to advertise for bids for construction of this home on the golf course. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor ;declared the motion adopted. Motion was made by Councilman Kissock,_ seconded by Councilman Troxell, 1 that the Council adjourn. Roll was called resulting -as follows: Ayes: Councilmen Carson,.Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted and.the Co until adjourned. 1371