HomeMy WebLinkAbout851485.tiff-
RESOLUTION
RE: SIGNING OF CONTRACT FOR REPLACEMENT OF CULVERT BENEATH WEST
49TH STREET, ONE-QUARTER MILE WEST OF 47TH AVENUE, GREELEY,
COLORADO, AND AUTHORIZATION FOR CHAIRMAN TO SIGN
1 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, Edwien Wiedeman and County desire to contract for
the replacement of a culvert beneath West 49th Street, one-quarter
(14) mile west of 47th Avenue, Greeley, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, determines that the waters flowing through said culvert
are, in part, irrigation runoff from farmland owned by Mr.
Wiedeman on the north side of West 49th Street, Greeley, Colorado,
and natural surface waters for which Weld County has a duty to
transport across West 49th Street according to the natural flows,
and
WHEREAS, both parties agree that neither party is wholly
responsible for the cost of replacement of said culvert.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that Weld County will
replace the culvert beneath West 49th Street, one-quarter (,) mile
west of 47th Avenue, Greeley, Colorado, as soon as practicable,
and
BE IT FURTHER RESOLVED that the cost of said replacement will
be paid as follows: Mr. Wiedeman agrees to pay for seventy-five
percent (75%) of the cost of labor, equipment other than trucks,
the culvert itself, and any large rocks which must be moved into
place along with the culvert. Weld County agrees to pay
one-quarter (o) of such costs. In addition, Mr. Wiedeman agrees
to furnish trucks and fill dirt for the operations. Weld County
agrees to furnish a loader and trucks at no charge.
BE IT FURTHER RESOLVED that the Board of County Commissioners
of Weld County, Colorado, hereby authorizes its Chairman to
execute the attached contract between the County of Weld and
Edwien Wiedeman.
, e/e6a( ) CC: £d ` may-�/ v -cA
Iga5- ►985
Page 2
RE: CONTRACT FOR CULVERT REPLACEMENT - WIEDEMAN
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 22nd day of
April, A. D. , 1985 .
�/ eir.i BOARD OF COUNTY COMMISSIONERS
ATTEST ``�Y WELD COUNTY, COLORADO
Weld County Clerk and Recorder � �
and Clerk to the Boa �: line J son, Chairman
eputy County Gene R. Bra tner, Pro-Tem
APPRO D AS TO FO
C.
my Attorn y
G. acy
Fr nk ama chi
. :T
K.
CONTRACT FOR REPLACEMENT OF CULVERT
BENEATH WEST 49TH STREET, ONE-QUARTER MILE
WEST OF 47TH AVENUE, GREELEY, COLORADO
THIS AGREEMENT, made and entered into this 22nd day of
April , 1985 , by and between THE COUNTY OF WELD,
STATE OF COLORADO, hereinafter called "County," and EDWIEN
WIEDEMAN, 5880 West 49th Street, Greeley, Colorado 80634 .
WITNESSETH:
WHEREAS, Edwien Wiedeman and County desire to contract for
the replacement of a culvert beneath West 49th Street, one-quarter
(a) mile west of 47th Avenue, Greeley, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, determines that the waters flowing through said culvert
are, in part, irrigation runoff from farmland owned by Mr.
Wiedeman on the north side of West 49th Street, Greeley, Colorado,
and natural surface waters for which Weld County has a duty to
transport across West 49th Street according to the natural flows,
and
WHEREAS, both parties agree that neither party is wholly
responsible for the cost of replacement of said culvert.
NOW, THEREFORE, for and in consideration of the promises and
mutual agreements contained herein, Edwien Wiedeman and County
hereby agree as follows:
1 . That County will replace the culvert beneath West 49th
Street, one-quarter (a) mile west of 47th Avenue, Greeley,
Colorado, as soon as practicable.
2. That the cost of said replacement will be paid as
follows: Mr. Wiedeman agrees to pay for Seventy Five percent
(75%) of the cost of labor, equipment other than trucks, the
culvert itself, and any large rocks which must be moved into place
along with the culvert. Weld County agrees to pay One-quarter (a)
of such costs. In addition, Mr. Wiedeman agrees to furnish trucks
and fill dirt for the operation. Weld County agrees to furnish a
loader and trucks at no charge.
.4
t,
ti c I
J
3 . That once said replacement is completed by County,
County will bill Mr. Wiedeman for the cost of replacement as
agreed to be paid by Mr. Wiedeman in paragraph number 2 above.
Mr. Wiedeman agrees to remit payment to County within thirty (30)
days after receipt of said billing.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be duly executed as of this 22nd day of April ,
19 85 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: , l WELD COUNTY, COLORADO
Ni
Weld County-C1etk and Recorder By:\, . _ . •
and Clerk_,to`the_ Boar`s Ja gut ine J•$nson, Chairman
•
o77�i�c L�J
epuby�Co my Cle �k
E wien Wiedeman
SUBSCRIBED AND SWORN to before me this day of
, 19 .
WITNESS my hand and official seal.
Notary Public
--
My commission expires:
Hello