HomeMy WebLinkAbout810826.tiff RESOLUTION
RE : APPROVAL OF AGREEMENT BETWEEN WELD COUNTY AND THE SUPPLY
IRRIGATING DITCH COMPANY - BRIDGE 34/3A
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , an agreement between Weld County and THE SUPPLY
IRRIGATING DITCH COMPANY has been presented to the Board of
County Commissioners for approval, and
WHEREAS , the purpose of said agreement is to provide for
the raising of the existing culvert to improve the problem of
debris collecting against the culvert, and
WHEREAS, the Board of County Commissioners has studied
said agreement and deems it advisable to approve the same, and
WHEREAS, the Board requests that THE SUPPLY IRRIGATING DITCH
COMPANY locate any devices for collecting debris off County
Road right-of-way.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the agreement
between Weld County and THE SUPPLY IRRIGATING DITCH COMPANY
be, and hereby is, approved.
BE IT FURTHER RESOLVED that any devices for collecting
debris by THE SUPPLY IRRIGATING DITCH COMPANY be located off
County Road right-of-way.
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 21st
day of December, A.D. , 1981.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO RADO
r
ATTEST: /ih "c-
ni' ✓MA. is,„,,. (A e)
uc Carlson, Chairman
Weld County Clerk and Recorder
and Clerk to the Board (Aye)
Norman Carlson, Pro-Tem
BY: 'LE
Deputy County Clerk / Zc -
(Aye)
C. W. Kirby /
APPR VED AS TO FOIlRM:
(:-MC7 PEA .7 T. Ma e)
rti
County Attorney
/4 -(A e)
J911 K. S inmark E. a. 00/Le
810826
DATE PRESENTED : DECEMBER 23, 1981
• AGREEMENT
THIS AGREEMENT, made and entered into this 21st day of
December , 1981, by and between the COUNTY OF WELD, STATE OF
COLORADO, hereinafter called "County" , and THE SUPPLY IRRIGATING
DITCH COMPANY, hereinafter called "Ditch Company" .
WHEREAS, the following conditions presently exist :
1. Weld County replaced a wooden bridge in March, 1979, with
a new corrugated metal culvert of similar size to the old bridge with
approximately the same vertical clearance.
2. The grade of the ditch in the vicinity of the bridge is
very flat and water velocity is very slow.
3. North of the culvert , approximately 150 feet , is an exist-
ing ditch check that , when being used, substantially raises the water
surface elevation.
4. Debris consisting of limbs, tumble weeds and grass is
collecting on the south side of the culvert creating restriciton to
water flow and a maintenance problem for the Ditch Company.
For and in consideration of the mutual convenants and conditions
hereinafter set forth, the parties mutually agree as follows :
1. Weld County agrees to raise the existing culvert 12 inches .
2. The Ditch Company will discontinue any pending claims
against Weld County.
3. The Ditch Company acknowledges that raising the existing
culvert will improve the problem of debris collecting against the
culvert , but that raising the culvert will not necessarily eliminate
the problem.
4. The Ditch Company agrees it will not make future claims
against Weld County for cleaning debris or sediment at the culvert
location.
IN WITNESS WHEREOF, the parties hereto have duly executed the
agreement the day and year firstabove written .
THE SUPPLY IRRIGATING BOARD OF COUNTY COMMISSIONERS
DITCH COMPANY / WELD COUNTY COLORAD
By : . C-'mac 2 .9( .�-,-rvsr 9-'c— By : (---.
� ^
C uck Carlsoh, Chairman
2 71
Title: 1 i1X,e.-� <
ATTEST: ATTEST: "Maws 'y� Q�.
Secretary , The Supply Weld County clerk and Recorder and
Irrigati itch Co ny Clerk to t e Board
By : By C�`: � (e__4 L
Deputy County Clerk
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