HomeMy WebLinkAbout20181364.tiffRESOLUTION
RE: APPROVE LEASE AGREEMENT FOR FULTON DITCH SHARES AND AUTHORIZE
CHAIR TO SIGN - JAMES ANGLIN
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, the Board has been presented with a Lease Agreement for Fulton Ditch
Shares between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and James Anglin,
commencing April 30, 2018, with terms and conditions being as stated in said lease agreement,
and
WHEREAS, after review, the Board deems it advisable to approve said lease agreement,
a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Lease Agreement for Fulton Ditch Shares between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Department of Public Works, and James Anglin, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Acting Chair Pro -Tern, be, and hereby
is, authorized to sign said lease agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of April, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
,t� WELD COUNTY, COLORADO
ATTEST: dZx fG .do•&k. EXCUSED
Steve Moreno, Chair
Weld County Clerk to the Board
EXCUSED
BY:
Deputy Clerk to the B
APPD AS
unty Attorney
Date of signature: O!o-D4(-/
Barbara Kirkmeyer, Pro-Tem
A. Cozad
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Mike Freeman, Acting Chair Pro -Tern
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2018-1364
BC0051
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Lease of Fulton Ditch Shares for 2018
DEPARTMENT: Public Works
PERSON REQUESTING: Devin Traff
DATE: April 17, 2018
Brief description of the problem/issue:
Weld County currently owns 28 shares of Fulton Ditch water for use in future water court cases. Since the ditch
shares are not currently allocated to any substitute water supply plan, the water is leased each year to show
continued use of the water. Failure to show continued use of the water may injure the County's ability to use
the water for future augmentation uses. The use of the ditch shares is limited to agricultural use only.
An advertisement was sent to Fulton Ditch shareholders announcing the acceptance of bids for the lease of the
ditch shares, including the previous bidders. The minimum bid was set at the amount needed to cover the
assessments charged by the ditch company ($1568.00). Historically, we receive one or two bids when we
contact the ditch company shareholders. The following bid was received for the 2018 irrigation season:
James R. Anglin desires to lease the Fulton Ditch water at the rate of $60 per share for a total of
$1,680.00.
Mr. Anglin has agreed to provide us with the type of crops grown, location of the crops grown, and the amount
of water used prior to November 30, 2018.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
1. Agree to lease the Fulton Ditch shares to James Anglin.
2. Do not lease the Fulton Ditch shares to James Anglin.
Recommendation:
Public Works recommends approval of this bid.
Approve
Recommendation
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro-Tem
Steve Moreno, Chair
Schedule
Work Session Other/Comments:
2018-1364
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE: (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
March 22, 2018
James R. Anglin
14264 County Road 22
Fort Lupton, CO 80621
RE: Lease of Twenty -Eight Shares of Fulton Ditch for the 2018 Irrigation Season
Dear Mr. Anglin,
It is my understanding that you wish to lease twenty-eight (28) shares of Fulton Ditch from Weld County for the 2018
irrigation season at a rate of $60 per share. This lease is for a single year and the lease for this year in no way
guarantees you the right to lease those shares in any subsequent year. Based on your bid amount of $60 per share,
the total cost for the 28 shares is $1,680.00.
Weld County also requires that you provide records at the conclusion of the irrigation season regarding the amount
of water diverted, a legal description of the irrigated acreage, and the crops irrigated with the shares leased from Weld
County. You agree to provide that information via letter to Weld County prior to November 30, 2018. Please send
irrigation records to:
Weld County Public Works
Attention: Devin Traff
1111 H Street
Greeley, CO 80632
If you are agreeable, please sign two copies of this letter and return the originals along with a check for $1,680.00
made payable to Weld County at the address above before April 16th of this year. This agreement will become final
once it is ratified by the Board of County Commissioners in a regular business meeting. One of the fully executed
originals will then be returned to you for your records. If you have any questions, please feel free to contact me at
970-400-3773.
Sincerely,
Devin Traff
Staff Engineer
Weld County Public Works
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times R. Anglin C�
ATTEST: dirAik) (i
Weld un lerk to the Boar
BY:
Deputy C e to
Date
ARD OF COUNTY COMMISSIONERS
D COUNTY, COLORADO
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