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- ELMER:L. SHULTZ. CHAIRMAN 'GEO. L. NDER CHAIRMAN PR TE
MILLIKEN . ' GR ELEY
R. G. WARREN. MEMBER
GREELEY
A` 5. ROBERT HOUTCHENS.
��I --- COUNTY ATTORNEY
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"` THE BOARD OF
COUNTY COMMISSIONERS
ANN SPOMER, COUNTY CLERK
LIZ STRAIGHT, DEP.AND ACTING May21, 1959
CLERK TO BOARD
PHONE ELGIN 2-8051
Fulton Irrigating Ditch Company
25 South Fourth Avenue
Brighton, Colorado
Attentions Kr. W. W. Gaunt
Secretary
Gentleness
The Board of County Cosmlissicasrs of Weil County considered
the contents of your letter of May 8, 1959, at their regular meeting on
Wednesday, May 20. The Board authorised me to write to you to advise
you that they are of the opinion they have no responsibility to pay
for the pips which was mentioned in your letter of May 8, 1959.
Reference to Chapter 147, Article 7, Section 6, 1953 Colorado
Revised Statutes, reveals, in my opinion and I have so advised the Board
of County Commissioners, that the Statute requires the County to maintain
the bridge over a ditch, flume or pipeline bat does not require the County
to maintain the ditch or pipeline other than my be necessary in the
maintenance of the bridge. Previously I wrote you and advised you that
this was the County's position in this matter.
Very truly yours,
L �I
S. Robert Houtahsas
County Attorney
Saar
cos Board of County Consissionsrs of Weld County
Courthouse
Greeley, Colorado
Western Concrete Pipe Company
8500 North York
Denver, Colorado
"%2 CC( 6,
?(-7: 7
HI
• -- INVOICE '
No. 1523
CONCRETE PIPE
A .:M Western Concrete Pipe Co. PRESTRESSED BEAMS
Subsidiary nir
-EVIZygp( OF AMERICAN•MARIETTA COMPANY
8500 NO. YORK. DENVER
ATLAS 80854
DATE April 30, 1959
SOLD Tie 7 SHIPPED TO
•
Fulton Ditch Company Anderson Filling Station
• 25 South 4th Street • North of Ft. Zupton
Brighton, Colorado Colorado
•
•
BOX 3916
DELIVER 29, COLA
REMIT TO: se-
•
CUST'S ORDER NO. SHIRRED VIA PLANT UUR UNDER NO. I TERMS
Trucks Roydale Net 30 days IF. Jobsite
NO.LIN.FEET V SIZE _
DESCRIPI ION UNIT PRICE
AMOUNT
42 48" ASTM C-76 Class II Concrete Pipe Tiff 09133 12.35 518.70
42 48" N N N " U If ,I
24 4811 N T;v= 09135 12.35 518.70
if
11//: 09139 12.35 296.40
1 ea. 48" if D N N If Elbow T 09139 9 111.15 __111.15 _
$1444.95
2% State Sales Tax 28.90
TOTAL $1473.85
I OUR RESPONSIBILITY CEASES WHEN GOODS ARE RECEIPTED "IN GOOD CONDITION" BY YOUR FOREMAN
NOTATION FOR CLAIMS FOR SHORTAGE OR DAMAGE MUST BE MADE ON RECEIPT OF GOODS BY YOUR FOREMAN.
r.
•
Fulton Irrigating Ditch Company
25 South Fourth Avenue
Brighton, Colorado
May 8, 1959
Mr. George L. Andersen
Chairman of the Board of County Commissioners of Weld County
Greeley
Colorado
Dear Mr. Andersen:
The Board of Directors of the Fulton Irrigating Ditch -Com-
pany is meeting in session today and Mr. Dittmer reported to the
Board his understanding with you concerning the payment for a
concrete pipe installed on the County Road near Anderson's Filling
Station, north of Fort Lupton. Mr. Dittmer stated that Weld County
would pay for the pipe if the legal obligation to replace the pipe
was imposed upon Weld County by Statute. Under the circumstances,
it seems that the Statute (147-7-6) does require Weld County to
maintain and replace the concrete pipe in this instance, and there-
fore, the bill should be paid by Weld County.
I am enclosing the invoice for the pipe in the amount of
$1,444.95, to which has been added a 2% sales tax, amounting to
$28.90. If this bill is paid by Weld County, there will be no
sales tax; if it is paid by the Fulton Irrigating Ditch Company, the
sales tax must be added.
The Board of Directors of the Fulton Irrigating Ditch Company
believes that the obligation rests upon Weld County to pay this ob-
ligation, and the Fulton Ditch Board will appreciate being advised
that you have forwarded your check to the Western Concrete Pipe
Company or made satisfactory arrangements with them for the payment.
Since the concrete pipe has been billed to the Fulton Ditch
Company, I am sending a copy of this letter to Western Concrete
Pipe Company. The pipe was charged to the Fulton Ditch Company be-
cause the superintendent of the Fulton Ditch Company ordered the
pipe pursuant to the understanding that you and Mr. Dittmer had
concerning payment for the pipe.
Very truly yours,
FULTON IRRIGATING DITCH COMPANY
By: � 711 4
��
W. W. Gaunt, Secretary
cc: Western Concrete Pipe Company
8500 North York
Denver, Colorado
•
•
•
File RS-11-2 No.. . . . .s
CORRESPONDENCE RE: DAMAGE TO FULTON
DITCH CO.'S PIPE LINE ON COUNTY ROAD.
'MJ TH OF FT. LUPTON:
5/22/59
'I `I
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