HomeMy Public PortalAboutTBP 2012-07-18
BOARD OF TRUSTEES REGULAR MEETING AGENDA
WEDNESDAY, JULY 18,2012
FRASER TOWN HALL
5:30 p.m.
Members of the Board may have dinner together @ 5:00 p.m. -Fraser Town Hall
1.Roll Call
5:30
2.Approval of Agenda
3.Executive Session:
For a conference with Special Counsel for the purpose of
receiving legal advice on specific legal questions under C.R.S. Section 24-6-
402(4)(b) and for the purpose of determining positions relative to matters that
may be subject to negotiations, developing strategy for negotiations, and/or
instructing negotiators, under C.R.S. Section 24-6-402(4)(e) regarding a
proposed annexation agreement.
4.Consent Agenda
7:30
a)Minutes –June 27, 2012 Meeting
b)Ordinance 397 Unlawful Conduct on Public Property
c)Ordinance 398 ConcerningDischarge of Firearms in Town
d)Ordinance 399 Amending Minimum Meetings Requirements of
the Water Wastewater Committee
e)Resolution 2012-07-01Grand Park Filing 2A Surety Reduction
5.Open Forum
a)Business not on the agenda
6.Updates
Howard Neville –Middle Park Hospital Foundation Doc Susie SculptureProposal
7.Public Hearing
a)Bottle Pass–to be continued to August 15th
8.Discussion and Possible Action Regarding
a)Old Town Fraser Business District Signage
b) Business Directional Signage Program
c) Park Planning and Design
d) Economic Development
9.Community Reports
10.Staff Reports
11.Other Business
Upcoming Meetings:
Wed.August 1, 2012Board of Trustees
Wed.July 25,2012Planning Commission
Posted July12, 2012
Lu Berger
Lu Berger, Town Clerk
FRASER BOARD OF TRUSTEES
MINUTES
DATE
:
Wednesday,June 27, 2012
MEETING:
Board of Trustees Regular Meeting
PLACE
:
Fraser Town Hall Board Room
PRESENT
Board:
Mayor Peggy Smith; Mayor Pro-Tem Steve Sumrall; Trustees; Philip Naill,
Eileen Waldow, Vesta Shapiro, Cheri Sandersand Adam Cwiklin
Staff:
Town Manager Jeff Durbin;Town Clerk, Lu Berger; Finance Manager Nat
Havens;Public Works Director Allen Nordin; Town Planner, Catherine
Trotter;Plant Supervisor Joe Fuqua, Town Attorney Rod McGowan
Others:
See attached list
Mayor Smithcalled the meeting to order at 6:00p.m.
1.Regular Meeting:
Roll Call
2.Approval of Agenda
:
motion
Trustee Sumrall moved, and Trustee Cwiklin seconded the to approve the
Motion carried: 7-0.
Agenda.
3.Executive Session:
For a conference with Special Counsel for the purpose of receiving
legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b) and for the
purpose of determining positions relative to matters that may be subject to negotiations,
developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section
24-6-402(4)(e) regarding a proposed annexation agreementand to include SC Thorne,
TM Durbin and TP Trotter.
motion
Trustee Cwiklin moved, and Trustee Sumrall seconded the to openthe
Motion carried: 7-0.
Executive Session.
Open: 6:02 p.m.
Exit: 7:10p.m.
motion
Trustee Naill moved, and TrusteeCwiklin seconded the to closethe Executive
Motion carried:7-0.
Session.
Attorney’s Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B).
As the attorney representing the Town of Fraser, I am of the opinion that the entire
Executive Session, which was not recorded, constituted a privileged attorney-client
communication.
Chris Thorne,Special Counsel
Page 2of 3
Consent Agenda
4.:
a)Minutes -June 6, 2012
b)Resolution 2012-06-03 Sewer Inspection and Cleaning Contract
motion
Trustee Sumrall moved, and Trustee Clayton seconded the to approve the
Motion carried: 7-0.
consent agendawith a roll call vote.
Sumrall: Cwiklin: Waldow:
ayeayeaye
Shapiro: Smith: Naill:
ayeayeaye
Clayton:
aye
5.Open Forum:
6.Updates
:
Public Hearings
7.:
8.Discussion and Possible Action Regarding:
a)Resolution 2012-03-05 Regarding Byers Peak Ranch Annexation
motion
Trustee Shapiro moved, and Trustee Naill seconded the tocontinue Resolution
,
2012-03-05 Regarding Byers Peak Ranch Annexationto July 18Motion carried:
2012.
7-0.
b)Ordinance 396 Medical Marijuana Licensing
TM Durbin briefed the Board on the Ordinances in the packet regarding allowing or
prohibiting MMC’s.
TA McGowan briefed the Board on the action taken at the County leveland answered
questions posed by Board members.
motion
Trustee Naill moved, and Trustee Shapiro seconded the to approveOrdinance
396adopting Medical Marijuana Licensingwith the following conditions;Section 6-5-40
(c) (ii) with minimum distance requirements to 500 ft. between Medical Marijuana
Motion carried: 5-2.
businesses.
Sumrall: Cwiklin: Waldow:
ayeayeaye
Shapiro: Smith: Naill:
ayenayaye
Clayton:
nay
c)Variance opinion/Rozas
Trustee Sumrall excused himself and left the room due to the fact he sits on the Zoning
Board of Adjustment.
TP Trotter briefed the Board on the variance request from the Rozas.The Rozas
outlined their request for the Board.
Page 3of 3
motion
TrusteeSanders moved, and Trustee Cwiklin seconded the that pursuant to the
variance provisions of the zoning ordinance, that we forward the following opinion
regarding the variance request for 821 Quail Drive:that the variance request be
Motion carried: 6-0-1.
approved by the Zoning Board of Adjustment.
d)Kurtak Off Premise Sign Request
TP Trotter briefed the Board on the request made by Elizabeth Kurtak to place a sign on
Ingrid Karlstrom’s building adjacent to US40. The sign allotment for both businesses
would still be within the sign code parameters.
motion
Trustee Shapiro moved, and Trustee Waldow seconded the to approvethe
Motion carried: 7-0.
Kurtak OffPremise Sign Request.
e)Chamber Branding Program
TM Durbin requested the Board’s direction on the Chamber Branding Program proposal.
f)Directional Signage
The Board discussed the directional signage throughout town. Elizabeth Kurtak will
design a sign to be placed in to direct guests to old town Fraser. Staff will bring the
th
project back to the Board on July 18
.
CommunityReports
9.:
10.Other Business:
motionMotion
Trustee Naill moved, and Trustee Cwiklin seconded the to adjourn.
carried: 7-0.
Meeting adjourned at 9:45p.m.
Lu Berger, Town Clerk
TOWN OF FRASER
ORDINANCE NO. 397
Series 2012
AN ORDINANCE ADDING SECTION 10-2-105 TO THE FRASER TOWN CODE ADDRESSING
UNLAWFUL CONDUCT ON PUBLIC PROPERTY.
WHEREAS, the Fraser Town Boardconsiders it to be in the public interest to ensure that public
buildings and property within the Town are maintained for the use and enjoyment of its citizens
and guests; and
WHEREAS, from time to time the Town Manager and/or Town Boardl may find it
necessary to enact rules and regulations on the use of public buildingsand property to ensure
the public’s health and safety; and
WHEREAS, theFraser Town Boardbelieves that an ordinance defining Unlawful
Conduct on Public Property is necessary to enforce those regulations efficiently.
NOW THEREFORE, BE IT ORDAINED bytheFraser Town Board, Colorado that the
following sectionbe added tothe Town Code as follows:
Part 1:
Section 10-2-105Unlawful Conduct on Public Property:
(1) It is unlawful for any person to enter or remain in any public building or on any public property
or to conduct himself or herself in or on the same in violation of any order, rule, or regulation
concerning any matter prescribed in this subsection (1), limiting or prohibiting the use or activities or
conduct in such public building or on such public property, issued by any officer or agency having
the power of control, management, or supervision of the building or property. In addition to any
authority granted by any other law, each such officer or agency may adopt such orders, rules, or
regulations as are reasonably necessary for the administration, protection, and maintenance of such
public buildings and property, specifically, orders, rules, and regulations upon the following matters:
(a) Preservation of property, vegetation, wildlife, signs, markers, statues, buildings and grounds,
and other structures, and any object of scientific, historical, or scenic interest;
(b) Restriction or limitation of the use of such public buildings or property as to time, manner, or
permitted activities;
(c) Prohibition of activities or conduct within public buildings or on public property which may be
reasonably expected to substantially interfere with the use and enjoyment of such places by others
or which may constitute a general nuisance or which may interfere with, impair, or disrupt a funeral
or funeral procession;
(d) Necessary sanitation, health, and safety measures, consistent with section 25-13-113, C.R.S.;
(e) Camping and picnicking, public meetings and assemblages, and other individual or group
usages, including the place, time, and manner in which such activities may be permitted;
(f) Use of all vehicles as to place, time, and manner of use;
(g) Control and limitation of fires, including but not limited to the prohibition, restriction, or ban on
fires or other regulation of fires to avert the start of or lessen the likelihood of wildfire, and the
designation of places where fires are permitted, restricted, prohibited, or banned.
(2) No conviction may be obtained under this section unless notice of such limitations or
prohibitions is prominently posted at all public entrances to such building or property or unless such
notice is actually first given the person by the officer or agency, including any agent thereof, or by
any law enforcement officer having jurisdiction or authority to enforce this section.
PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser
covering the same matters as embraced in this Ordinance are hereby repealed and all
ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby
repealed; provided, however, that such repeal shall not affect or prevent the prosecution or
punishment of any person for any act done or committed in violation of any ordinance hereby
repealed prior to the taking effect of this Ordinance; and provided further, the fact that any fee,
rate or schedule previously adopted by the Town of Fraser has been omitted from this
Ordinance shall not operate as a repeal of such fee, rate or schedule, but the same shall remain
in effect.
PART 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser
hereby declares that it would have adopted this Ordinance, and each section, subsection, clause
or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases thereof be declared invalid or unconstitutional.
PART 5: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after publication
thereof as provided by law.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
th
AND SIGNED THIS18DAYOF JULY, 2012.
Votes in favor: TOWN OF FRASER, COLORADO
Votes opposed:
Votes abstained:
Peggy Smith, Mayor
ATTEST:
Lu Berger, Town Clerk
Published in the Middle Park Timeson________________.
TOWN OF FRASER
ORDINANCE NO. 398
Series 2012
AN ORDINANCE ADDING SECTION 10-2-65TOTHE FRASER TOWN CODE CONCERNING
THE DISCHARGE OF FIREARMS WITHIN THE TOWN.
WHEREAS, the Fraser Town Boardconsiders it to be in the public interestto prohibit the
discharge of firearms within the Town of Fraser.
NOW THEREFORE, BE IT ORDAINED by theFraser Town Board, Colorado that the
following sectionbe added tothe Town Code as follows:
PART1:
Section 10-2-65DISCHARGING FIREARMS UNLAWFUL:
A. It is unlawfulfor any person to discharge or cause to be discharged, any firearm within or into
the town limits.
B. Exemptions:
This section shall not apply to:
1.A sworn peace officer or a member of the armed forces of the United Sates or the
Colorado National Guard,or an employee of the United States Department of Agriculture
acting in lawful performance of his duties.
2.A person discharging a firearm in the lawful defense of persons or property.
3.A person discharging a firearm in the course of lawful hunting, target, or recreational
shooting on public or private land when the discharge will not endanger adjacent persons
or property;
a.The exemptions contained in paragraph 3 shall not apply to the discharge of a
firearm
i.On, across, or within 50 feet from the centerline of any public roadwayor
public property;
ii.Within 200 yards of any dwelling or occupied structure.
PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser
covering the same matters as embraced in this Ordinance are hereby repealed and all
ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby
repealed; provided, however, that such repeal shall not affect or prevent the prosecution or
punishment of any person for any act done or committed in violation of any ordinance hereby
repealed prior to the taking effect of this Ordinance; and provided further, the fact that any fee,
rate or schedule previously adopted by the Town of Fraser has been omitted from this
Ordinance shall not operate as a repeal of such fee, rate or schedule, but the same shall remain
in effect.
PART 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser
hereby declares that it would have adopted this Ordinance, and each section, subsection, clause
or phrase thereof, irrespective of thefact that any one or more sections, subsections, sentences,
clauses and phrases thereof be declared invalid or unconstitutional.
PART 5: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after publication
thereof as provided by law.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
th
AND SIGNED THIS18DAYOF JULY, 2012.
Votes in favor: TOWN OF FRASER, COLORADO
Votes opposed:
Votes abstained:
Peggy Smith, Mayor
ATTEST:
Lu Berger, Town Clerk
Published in the Middle Park Timeson________________.
TOWN OF FRASER
ORDINANCE NO. 399
Series 2012
AN ORDINANCE ADDING SECTION 2-10-80(c)TOTHE FRASER TOWN CODE
CONCERNING THE MINIMUM MEETING REQUIREMENTS OF THE WATER AND
WASTEWATER COMMITTEE.
WHEREAS, the Fraser Town Boardconsiders it to becontrary tothe public interestto hold
meetings of the Water and Wastewater Committee when there is no specific business before
the Committee.
NOW THEREFORE, BE IT ORDAINED by theFraser Town Board, Colorado that the
following sectionbe added tothe Town Code as follows:
PART1:Section 2-10-80(c) of the Fraser Town Code is amended in its entirety to read as
follows:
The Water and Wastewater Committee shall hold at least one (1) regular meeting quarterly. A
quorum is not required to hold a meeting.
PART 2:REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser
covering the same matters as embraced in this Ordinance are hereby repealed and all
ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby
repealed; provided, however, that such repeal shall not affect or prevent the prosecution or
punishment of any person for any act done or committed in violation of any ordinance hereby
repealed prior to the taking effect of this Ordinance; and provided further, the fact that any fee,
rate or schedule previously adopted by the Town of Fraser has been omitted from this
Ordinance shall not operate as a repeal of such fee, rate or schedule, but the same shall remain
in effect.
PART 4: SEVERABILITY.If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser
hereby declares that it would have adopted this Ordinance, and each section, subsection, clause
or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases thereof be declared invalid or unconstitutional.
PART 5: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after publication
thereof as provided by law.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
th
AND SIGNED THIS18DAYOF JULY, 2012.
Votes in favor: TOWN OF FRASER, COLORADO
Votes opposed:
Votes abstained:
Peggy Smith, Mayor
ATTEST:
Lu Berger, Town Clerk
Published in the Middle Park Timeson________________.
MEMORANDUM
JRS ENGINEERING , LLC
CONSULTANT
TO:
Catherine Trotter, Town of Fraser
FROM:
Jim Swanson
DATE:
July 18, 2012
SUBJECT:
Grand Park, Village Center Improvements Surety Release
Filing 2, Lot 12A & Tract D
I have reviewed the request from Grand Park (in their email to you dated June 29, 2012) to partially
release their performance guarantee from $52,296.00 to an amount equal to twenty percent (20%) of the
total performance guarantee or $10,459.20.
I have reviewed the status of the project and have found that the improvements included within this
performance guarantee have been substantially constructed or installed in accordance with the
Subdivision Improvement Agreement dated August 5, 2011. I am in concurrence with the applicants
request to reduce the performance guarantee for this project to $10,459.20.
6013 E. Briarwood Drive Centennial, CO 80112(303) 726-5577
June 29,20|Z
Sent Via 1-:'noil
Iowuo[Fraser
Attn: Catherine Tru
P8 Box lZO
Fraser, CO 80442
Dear Catherine,
President CI' Ipscomb,
(,c Jc|T[)uc6iu
11,14(1N1111,11 /11111111111
II0000VI 111111111 1111111111 1 1111111111 him
11,11,111 low ono, oo 11.111111411nail ions, 1111111111111111111111111
/11MIIIIIHMIN
1111111111111111
Kmv.ViMpihmhown
Please accept this letter oso request k) the Town o[ Fraser for o release o[the cash surety
held relating to the Village Center Improvements less that amount set forth in the S1/\ to
relating to warranty.
The cash surety amount is $52,296. The public improvements required by the
Subdivision improvement Agreement are complete and we are in the process of preparing
the preliminary acceptance request package for the Town to accept the improvements.
Thank you !'or your consiclei'ation oftbis rcgucxt.
vidliNvolyoutommoi
x|�|muHln`v/.n2^x
Yo5rn��`' K,�xxcouo,�z« :v�»»
GRAND PARK SECOND STREET
1. Subgrade Prep
2. Base Course leveling course
3, Asphalt Paving Depth varies 5" to 6"
4. Curb and Gutter (1' spill and 2' catch)
5. Intersection 11 Cross Pans
6. 4' Valley Pans
QUANTITY
1,589
1,589
1,372
051
491
135
30
1
4
UNIT
SQ 81)
5(1 81)
SQ Yl.)
LF
SE
LE
LE
EA
UNIT PRICE
1.1.5
51.10
51800
58.00
$4
58
TOTAI
$2,781
51,748
$24,696
54,408
$1,964
51,080
5300
51,000
/a. 2' Drainage Chase
510
$1,000
76. Minor Grading, Drainage Swale, Erosion Control
8. Curb Ramps
EA
$150.00
$600
9. Raise Manholes and Gate Valves in Asphalt
_1
IS
5400.00
$400
1.0. Traffic Signs
6
EA
$150.00
5 900
1 Move Hydrants
1
EA
5500.00
S500
2, 3a$: 4,34er.."3
1„ lirs.rrie3-&c.cs.s
.l..$l
f...:
LS
5lelleel,eek4lai lyel—flellle:e el
(ell,
,,elj
llelle ..lillelellePellfllel elltieeCiiclegle*:: el
1,ll
50
18. Striping
1
LS
$500
$500
19. 2' ribbon curb
160
LS
56
$960
SUBTOTAL $41,837
25% CONTINGENCY $10,459
GRAND PARK (SECOND ST.) TOTAL $52,296
ENGINEER'S OPINION OF PROBABLE COST
VILLAGE CENTER IMPROVEMENTS
ty
RAI_ ENGINEER' G
nate:
Updated:
VA/29_11
/imitations:
1. rhis estimate does not include soft costs such as design costs review costs, permitting, legal fees, etc.
2. Street lights are guesstimated. Primary ond Feeder Under ground power installation ore NOT quantified for this estimate.
3. Contractor shall verify quantities through a take off of construction plans.
4. Phasing hosed on revised "Obligation Exhibit" by Vogel 4 Associates.
S. Quantity estimate does not include dry utilities
6. Geotech recommendations for pavement depth vary between 5" and 6"fuil depth asphalt depending on traffic. Also, 5" of portion(' cement re CCOITI ended for areas of
high turning stresses ond/or heavy track traffic. An alternative composite section of 4" asphalt over 8" base is included in Geotech recommendations. Town of Fraser
require.s 5" minimum asphalt depth.
TOWN OF FRASER
RESOLUTION NO. 2012-07-01
A RESOLUTION APPROVING A PARTIAL RELEASEIN THE SURETY REQUIREMENT
PURSUANT TO THE SUBDIVISION IMPROVEMENT AGREEMENTFOR THE VILLAGE AT
GRAND PARK –FILING 2, LOT 12A and TRACT D.
WHEREAS,Grand Park DevelopmentLLC and the Town of Fraser entered into a
Subdivision Improvement Agreement (SIA) on August 8, 2011, Reception# 2011005630to
ensure completion of certain infrastructure and site improvements andwhich SIAprovides for
reductions in surety requirements;and
WHEREAS, Grand Park Development LLC has requested a partial releasein surety and
Town staff has inspected all improvements and has certified to the Board of Trustees that all
such required improvements have been substantially constructed or installedin accordance with
the Fraser Subdivision Regulations and the SIA.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO THAT:
1.The Town Board of Fraser, Colorado hereby authorizes a partialrelease in the surety
requiredunder the terms of the SIA. The cash surety shall be reduced to 20% of the
original performance guarantee ($52,296.00) or $10,459.20.
READ, PASSED, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 18thDAYOF JULY,
2012.
Votes in favor: ___BOARD TRUSTEESOF THE
Votes opposed: ___TOWN OF FRASER, COLORADO
Absent:___
Abstained: ___BY:
Mayor
ATTEST:
(S E A L)
Town Clerk
RECEPTION #: 2011005630, 08/08/2011 at
04:08:22 PM,
1 OF 18, R $96.00 , Additional Names
Fee: Doc Code:SUBAGR
Sara L. Rosene, Grand County Clerk,
Colorado
SUBDIVISION IMPROVEMENTS AGREEMENT (revised 4/07)
BETWEEN
THE TOWN OF FRASER
AND
GRAND PA'' . DEVELOPMENT, LLC
PERTAINING TO:
THE VILLAGE AT GRAND PARK — FILING 2,
LOT 12A & TRACT D
TOWN OF FRASER
GRAND COUNTY, COLORADO
SUBDIVISION IMPROVEMENTS AGREEMENT
This Subdivision Improvements Agreement ( "Agreement ") is made and entered into by and
between the TOWN OF FRASER, a Colorado municipal corporation ( "Town ") and
Grand Park Development, LLC ( "Subdivider "). This Agreement shall be effective following
execution by the subdivider and immediately upon approval by the Fraser Town Board as
evidenced by the signature of the Town's Mayor or Mayor Pro Tem on the date indicated
below.
1. Recitals. The parties agree that each of the following statements is true and is a material
part of this Agreement:
A. Subdivider represents that it is the sole owner of the real property described in the
attached Exhibit A ( "Property "), and has obtained approval from the Town to
subdivide said property for a new subdivision to be known as THE VILLAGE AT
GRAND PARK — FILING 2, LOT 12A & TRACT D, ( "Subdivision ").
B. Pursuant to the Town's subdivision regulations, the final plat of the Subdivision
cannot be recorded until Subdivider has entered into an Agreement with the Town
concerning the construction of the public improvements within the Subdivision.
A copy of the final plat and the accompanying documents and plans are available
for inspection at the Fraser Town Hall Offices during regular business hours. The
final plat and the accompanying documents and plans, including construction
drawings and specifications, as approved by the Town (the "Final Plat
Documents "), are incorporated into this Agreement for all purposes including
illustration and interpretation of the terms and conditions of this Agreement.
C. The Town seeks to protect the health, safety and general welfare of the
community by requiring the completion of various improvements within the
Subdivision and thereby limiting the harmful effects of substandard subdivisions.
Page 1 of 14
D. The purpose of this Agreement is to protect the Town from the cost of completing
subdivision improvements itself.
E. As consideration for the approval by the Town of the final plat for the
Subdivision, Subdivider agrees to construct certain hereinafter described public
improvements within the Subdivision in accordance with, and subject to, the
terms, conditions and requirements of this Agreement. The parties hereby
acknowledge the sufficiency and adequacy of said consideration.
2. Construction Of Public Improvements. Subdivider agrees to construct, at its sole cost,
those public improvements (including required utility services) for the Subdivision as
described on the attached Exhibit B and as identified on the Final Plat Documents
( "Improvements ").
3. Timetable For Construction Of Public Improvements.
3. 1 Construction Schedule. Subdivider shall construct the Improvements in strict
accordance with the schedule described on the attached Exhibit C. Any failure
by Subdivider to commence or complete the construction of the Improvements in
strict compliance with the schedule established in Exhibit C shall constitute a
default by Subdivider and shall entitle the Town to proceed in accordance with
the provisions of Paragraph 14 of this Agreement. Subdivider shall not cease
construction activities for any period of more than thirty (30) consecutive days,
without the Town's prior written approval, subject to the provisions of section 3.3
regarding force majeure and seasonal constraints.
3.2 Subdivider's Obligation Not Contingent. Subdivider's obligation to complete the
Improvements shall arise upon the recording of the final plat of the Subdivision,
shall be independent of any obligations of the Town contained herein, and shall
not be conditioned on the commencement of construction or sale of any lots or
improvements within the Subdivision.
3.3 Force Majeure and Seasonal Constraints. If Subdivider is rendered unable to
perform, in whole or part, because of acts of God, strikes, acts of public enemies,
wars, insurrections, civil disturbances, riots, landslides, earthquakes, fires, storms,
floods, or other such events beyond Subdivider's control, Subdivider's
obligations under this Agreement shall be suspended during the continuance of
any inability so caused, but for no longer. No cessation of activity for seasonal
construction constraints shall cause a violation of this Section 3.
4. Construction Standards; Progress Inspections. The Improvements shall be constructed in
a good and workmanlike manner, strictly in accordance with the Final Plat Documents,
and, to the extent not otherwise provided in such Final Plat Documents, in accordance
with all applicable laws, ordinances, codes, regulations and standards applicable in the
Town. There shall be no changes made in the approved Final Plat Documents, including
construction drawings and specifications, without the written approval of the Town.
Periodic inspections may be made by the Town's staff or designated consultants during
the progress of the work to confirm that the Improvements are being constructed in
compliance with such requirements. Such inspections may be conducted in a manner and
in such areas and at such times, whether scheduled or unannounced, as deemed
appropriate by the Town's staff or consultants. Subdivider hereby grants permission for
such persons to enter upon the Property for purposes of making such inspections.
Page 2ofl4
Nothing herein shall relieve Subdivider of the responsibility for insuring that the
Improvements are constructed in accordance with the standards set forth herein, nor shall
it relieve Subdivider of its warranty obligations as provided in Paragraph 6.
5. Acceptance Of Improvements.
5.1 Phased Inspections and Acceptance. Inspection and preliminary acceptance of a
portion of the Improvements in one or more phases of construction shall occur
only if specifically provided for in Exhibit D or as determined by Town staff, in
their discretion. Otherwise, all Improvements shall be completed before
preliminary acceptance will be granted. Any proposed phasing must be logically
related to the project as a whole and allow for the efficient integration of the
phased Improvements into the Town's infrastructure. The Town staff may
require adjustments in previously approved phasing schedules when deemed
necessary to accommodate changed conditions or unforeseen circumstances.
5.2 Preliminary Acceptance. Upon completion of all Improvements or an approved
phase of Improvements, Subdivider shall notify Town staff that the Improvements
are ready for preliminary acceptance and shall provide to the Town three (3)
complete sets of the following documentation: (a) adequate assurance by a
registered engineer that the Improvements have been constructed and completed
in accordance with the approved plans and specifications; (b) "as- built" drawings
for the Improvements; (c) all test reports and logs required by the plans and
construction drawings and applicable regulations; and (d) an affidavit or affidavits
identifying all contractors, subcontractors and materialmen who supplied labor or
materials for the Improvements and verifying that all have been fully paid,
together with a lien waiver from each such contractor, subcontractor and material
supplier acknowledging payment and waiver of any lien rights. The Town of
Fraser has adopted water utility and roadway design and construction standards,
and storm drainage design criteria by separate documents. Those standards
include additional requirements relating to preliminary and final acceptance of
required Improvements. Any conveyance documents required pursuant to the
provisions of Section 8.2 hereof shall also be submitted to the Town for review
and approval.
Upon satisfaction of these requirements, and subject to the applicable terms and
conditions of the Town's subdivision regulations, the Town's staff or designated
consultants shall inspect the Improvements and shall, within thirty (30) days
following the inspection, notify Subdivider in writing of non - acceptance or
preliminary acceptance of the Improvements. If the Improvements are not
accepted, the reasons for non - acceptance shall be stated. The Town shall not be
required to make inspections during any period when climatic conditions interfere
with making a thorough inspection, as determined by the Town representative
making the inspection.
Preliminary acceptance of all or any portion of the Improvements does not
constitute a waiver by the Town of the right to draw on the Performance
Guarantee to remedy any defect in or failure of the Improvements that is detected
or which occurs after acceptance of the Improvements, nor shall such acceptance
operate to release Subdivider from its warranty as herein provided.
Page 3 of 14
Upon preliminary acceptance, the Town will assume responsibility for snow
removal on accepted public streets, but the applicant shall remain responsible for
all other maintenance and repairs'', pending final acceptance. At the Town's
discretion, it may elect not to plow any accepted streets until there is development
on individual lots that warrant access.
5.3 Final Acceptance. Final acceptance of the Improvements by the Town requires
formal action by the Fraser Board of Trustees, after all Improvements have been
completed, inspected and certified for final acceptance by Town staff. The Town
shall not be required to finally accept any of the Improvements until the Town
determines that:
A. All Improvements have been satisfactorily completed in accordance with the
approved plans and specifications for the Improvements and have been
preliminarily accepted by the Town;
B. All warranty periods provided in Paragraph 6 have ended and any defects
found upon inspection of the Improvements have been satisfactorily remedied
by Subdivider; and
C. All other applicable requirements contained in this Agreement, the Town's
subdivision regulations and applicable design and construction standards have
been satisfied.
6. Warranty.
6.1 Warranty. Subdivider warrants that all Improvements shall remain free from
defects for a period of one (1) year from the date that the Town preliminarily
accepts the Improvements as provided in Paragraph 5 of this Agreement. During
such one (1) year period any defect determined to exist with respect to such
Improvements shall be repaired or the Improvement replaced, at the Town's
option, at the sole cost of Subdivider. The Town shall have no maintenance or
repair obligations with respect to the Improvements, except for snow plowing and
operation of water system improvements, if applicable, until all such
Improvements have been finally accepted by the Town in accordance with
Subparagraph 5.3. Subdivider shall maintain, in a reasonable, suitable and proper
condition for travel, ingress, and egress, all streets located within the Subdivision
until such time as the streets are accepted for maintenance by the Town, if ever.
6.2 Notice Of Default; Cure Period. Except as provided in Subparagraph 6.3 with
respect to emergency repairs, the Town shall provide written notice to Subdivider
if inspection reveals that any Improvement is defective for any reason.
Subdivider shall have thirty (30) days from the giving of such notice to remedy
the defect. Such thirty (30) day time limit may be extended by the Town if the
Town determines that such defect cannot reasonably be remedied within such
thirty (30) day period. In the event Subdivider fails to remedy the defect within
the thirty (30) day period, or any, extension thereof granted by the Town, the
Town may declare a default under this Agreement without further notice. No
notice shall be required with respect to emergency repairs except as provided in
Subparagraph 6.3.
Page 4 of 14
6.3 Emergency Repairs. If at any time it appears that the Improvements may be
significantly damaged or destroyed as a result of a bona fide emergency, an act of
god, or due to construction failure, the Town shall have the right, but not the duty,
to enter upon the Property and perform such repairs and take such other action as
may be reasonably required in the Town's judgment to protect and preserve the
Improvements. The Town shall have no duty to inspect the Property to identify
emergency situations which may arise. Prior to or concurrent with, or
immediately following taking any action pursuant to emergency repairs, the Town
shall make a reasonable effort to locate Subdivider and advise it of the existence
and nature of the emergency. The reasonableness of Town's efforts to locate
Subdivider shall be determined based upon the nature of the emergency and the
Town's efforts to locate and notify Subdivider. If, after reasonable efforts,
Subdivider cannot be located, the Town shall have the right to enter the Property
and perform any needed emergency repairs as herein provided, and, upon written
demand, Subdivider shall reimburse the Town for the costs of such emergency
repairs. Failure of Subdivider to pay to the Town the costs of such emergency
repairs within fifteen (15) days after demand shall constitute a default as provided
in Subparagraph 12.H of this Agreement.
6.4 Town Acceptance for Maintenance At the end of the warranty period(s), and
upon final acceptance of the Imp ovements as provided in Section 5.3, the Town
will assume future maintenance and repair responsibilities with respect to the
accepted public improvements.
7. Compliance With Law.
7.1 Compliance With Law. Subdivider shall comply with all relevant laws,
ordinances, and regulations in effect at the time of final plat approval when
fulfilling its obligations under this Agreement. Subdivider shall also be subject to
laws, ordinances and regulations that become effective after final plat approval to
the extent permitted by applicable Colorado law.
8. Transfer Of Title To Improvements.
8.1 Dedication On Plat. Subdivider shall dedicate such of the Improvements as may
be requested by the Town, by appropriate language on the face of the final plat of
the Subdivision. Such dedication shall be made free and clear of all liens,
encumbrances and restrictions, except for the permitted exceptions shown on the
attached Exhibit E which are the same or fewer than those identified in the title
insurance commitment or other title evidence provided.
8.2 Conveyance Of Improvements Other Than By Dedication On Plat. As to any of
the Improvements which have not previously been dedicated on the final plat of
the Subdivision, such Improvements shall be conveyed to the Town, or other
appropriate entity, by general warranty deed (if real estate) or by bill of sale with
full warranty of title (if personal property), free and clear of all liens,
encumbrances and restrictions (except for permitted exceptions shown on Exhibit
E), upon the determination of the Town's staff that such Improvements have been
satisfactorily completed and that acceptance of such Improvements by the Town
is proper and in accordance with the provisions of Paragraph 5. Conveyance of
such Improvements shall be made by an instrument acceptable as to form and
substance by the Town Attorney, and shall be accompanied by a policy of title
insurance as required by the Town's regulations, if applicable.
Page 5 of 14
9. Performance Guarantee.
9.1 Amount and Form of Guarantee. The estimated cost of constructing the
Improvements, as determined by a licensed engineer selected by Subdivider, with
the Town's approval, isf / '° c ; : (See the attached Exhibit B). Pursuant to
the Town's subdivision regulations, Subdivider is required to furnish collateral to
ensure completion of the Improvements, in an amount not less than one hundred
and twenty -five percent (125 %) of the estimated costs of all Improvements.
Accordingly, Subdivider has posted the following with the Town's approval as a
guarantee of the performance of its obligations hereunder, including its obligation
with respect to the one (1) year warranty period provided for in Subparagraph 6.1
( "Performance Guarantee ").
A cash bond in the amount of $
()
An irrevocable Letter of Credit issued by a qualified Colorado lending
institution acceptable to the Town in the amount of $ , a copy
of which is provided on the attached Exhibit Fa
9.2 Use of Performance Guarantee. Subject to the terms of this Agreement, the Town
may draw upon and utilize the Performance Guarantee to pay for the construction,
completion or correction of the required improvements or to restore and
revegetate the site in the event Subdivider fails to timely perform the obligations
provided in this Agreement and the Town's subdivision regulations or is
otherwise in default under the terms of this Agreement. Application of the
Performance Guarantee may include covering such costs, including reasonable
engineering and attorney's fees, as are necessary for the Town to administer the
construction and correct, repair or complete the required improvements.
9.3 Renewal. Such Performance Guarantee shall remain in effect and shall be
renewed by Subdivider as necessary until released by the Town in accordance
with the provisions of Paragraph 10 of this Agreement. If such Performance
Guarantee is provided in a form of a letter of credit or deposit arrangement that
includes an expiration date, Subdivider shall provide evidence of extension of
such expiration or replacement of equivalent collateral in a form acceptable to the
Town. Failure to provide proof of such extension or replacement collateral no
later than fourteen (14) days prior to the date of expiration shall be cause for the
Town to draw on the Performance Guarantee. Funds withdrawn in this manner
may be expended as necessary to correct, repair and /or construct the
Improvements or may be released upon provision of replacement collateral in a
format acceptable to the Town.
10. Release Of Performance Guarantee.
10.1 Request For Partial Release Of Performance Guarantee. Subdivider may make
periodic requests for the partial release of the Performance Guarantee in
accordance with the provisions of this Subparagraph 10.1. All such requests shall
be in writing to the Town Board, shall be for a reduction of at least twenty percent
(20 %) of the total original Performance Guarantee, shall correspond with a
portion of the Improvements that have been substantially constructed or installed
in accordance with this Agreement. No more than one request for a partial release
of the Performance Guarantee may be submitted each month. No reduction of the
Page 6of14
Performance Guarantee shall be allowed which would reduce the amount of
collateral to less than one - hundred twenty -five percent (125 %) of the estimated
cost of any remaining or incomplete Improvements; and the final twenty percent
(20 %) of the initial Performance Guarantee may not be released until all of the
Improvements have been preliminarily accepted, the one (1) year warranty period
has run and the Improvements are finally accepted by the Town. There shall be no
reduction in the amount of the Performance Guarantee if Subdivider is in default
under this Agreement.
11. Payment In Lieu of Dedications. Subdivider agrees to make any and all payments in lieu
of dedications prior to the Town's execution of its approval on the final plat. The amount
of such payment shall be as calculated on the attached Exhibit G.
12. Default. The following conditions, occurrences or actions shall constitute a default by
Subdivider under this Agreement:
A. Subdivider's failure to commence construction of the Improvements within the
time specified in Exhibit C;
B. Subdivider's failure to complete construction of the Improvements within the
time specified in Exhibit C;
C. Subdivider's failure to construct the Improvements in accordance with the
approved plans and specifications for the Improvements and this Agreement;
D. Subdivider's failure to cure defective construction of any Improvement within the
applicable cure period as provided in Subparagraph 6.2;
E. Subdivider's failure to perform work within the Subdivision for a period of more
than thirty (30) consecutive days without the prior written approval of the Town,
subject to the provisions of section 3.3 regarding force majeure and seasonal
constraints;
F. Subdivider's insolvency, the appointment of a receiver for Subdivider or the filing
of a voluntary or involuntary petition in bankruptcy respecting Subdivider;
G. Foreclosure of any lien against the Property or a portion of the Property or
assignment or conveyance of all or part of the Property in lieu of foreclosure prior
to final acceptance of the Improvements by the Town as provided in Paragraph 5;
H. Subdivider's failure to pay to Town upon demand the cost of emergency repairs
performed in accordance with Subparagraph 6.3 of this Agreement; or
I. Subdivider's violation of any provision of this Agreement, the Town's
subdivision, zoning or land use regulations, or any other ordinances of the Town;
The Town may not declare a default until fifteen (15) days' advance written notice has
been given to Subdivider and Subdivider has failed to cure the default within that period;
provided, however, that such notice shall not be required with respect to any defective
construction for which a thirty (30) days' notice of right to cure has been given in
accordance with Subparagraph 6.2 hereof.
Page 7of14`
13. Measure Of Damages. The measure of damages for breach of this Agreement by
Subdivider shall be the reasonable costs of obtaining the appropriate Performance
Guarantee funds and completing the Improvements, including design, engineering, legal
and inspection costs. For Improvements upon which construction has not begun, the
estimated cost of the Improvements as supplied by Subdivider pursuant to Paragraph 9
and shown on Exhibit B shall be prima facie evidence of the cost of completion;
however, neither that amount nor the amount of the Performance Guarantee establishes
the maximum amount of Subdivider's liability. The Town shall be entitled to, but not
obligated to, complete all unfinished Improvements after the time of default regardless of
the extent to which development has taken place in the Subdivision or whether
development ever commenced.
14. Town's Rights Upon Default. In the event of default the Town shall have the following
rights:
A. The Town Manager may stop work on the Improvements until a schedule and
agreement on compliance for construction has been reached.
B. The Town may, but shall not be required to, have the Improvements constructed
by such means and in such manner as the Town shall determine, without the
necessity of public bidding.
C. If the Town elects to have the Improvements constructed, it shall have the right to
use Subdivider's Performance Guarantee to pay for the construction of such
Improvements. If the amount of the Performance Guarantee exceeds the costs of
obtaining the Performance Guarantee funds and constructing the Improvements as
set forth in Paragraph 13 hereof, the Town shall deliver any excess funds to
Subdivider. If the Performance Guarantee is insufficient to fully pay such costs,
Subdivider shall, upon demand, pay such deficiency to the Town, together with
interest thereon as provided in Paragraph 15.
D. The Town may exercise such rights it may have under Colorado law, including,
without limitation, the right to bring suit against Subdivider for injunctive relief,
for specific performance of this Agreement, or to recover damages for the breach
by Subdivider of this Agreement.
E. Subdivider hereby grants to the Town, its successors, assigns, agents, contractors
and employees, a non - exclusive right and easement to enter the Property for the
purposes of constructing, maintaining and repairing any Improvements pursuant
to the provisions of this Paragraph 14.
F. In addition to any remedies provided for herein, or by law or equity, while
Subdivider is in default under this Agreement the Town may refuse to issue
building permits for the Subdivision and Subdivider shall have no right to sell,
transfer or otherwise convey lots or units within the Subdivision without the
express written approval of the Town. If the Town elects not to proceed with
completion of the Improvements, the Town Board may, by resolution, vacate any
portion of the Subdivision plat for which Improvements have not been completed.
In addition, the Town may proceed with restoring and revegetating the site, which
may include removal of any uncompleted Improvements, using the Performance
Guarantee to pay for the costs thereof.
Page 8 of 14
G. The remedies provided for herein are cumulative in nature.
15. Interest. Any sum which is required to be paid by Subdivider to the Town under this
Agreement and which is not timely paid shall accrue interest at eighteen percent (18 %)
per annum commencing as of the date such sum was due.
16. Public Utilities. Subdivider shall pay all installation charges for lighting, electricity,
natural gas, and cable television required for the Subdivision. All utility lines shall be
placed underground in accordance with applicable Town requirements.
17. Relocation of Utility Lines and Easements, and Oversizing Subdivider shall bear all
costs associated with relocating any water, sewer, phone, electrical, gas or cable
television lines and providing for respective easements for construction of same within
and outside of the Subdivision. If oversizing is required, the cost of such oversizing shall
be paid as set forth in the Agreement attached as Exhibit H.
18. Debris. Subdivider shall take all steps necessary to limit and prevent the accumulation
of, and to remove accumulated, mud, sediment, dirt, trash and other debris that is carried
onto public property or off -site onto private property during construction of said
improvements. Such obligation shall continue until all Improvements within the
subdivision are completed. If Subdivider fails to remedy any conditions caused or
generated by the development of the Subdivision as contemplated by this Paragraph
within 24 hours of oral or written notice by the Town, Subdivider agrees to pay to the
Town upon demand any costs reasonably incurred by the Town in remedying such
conditions. Nothing herein shall obligate the Town to remedy any such conditions, or
limit the Town in its selection of the method or manner of remedy.
19. Payment of Fees and Charges. Subdivider agrees to comply with all the ordinances, rules
and regulations of the Town and shall pay all fees and other charges in a timely manner
as required by the Town, including but not limited to building permit fees, inspection
fees, and tap fees imposed by Town ordinance, resolution or motion, or by the terms and
conditions of this Agreement.
20. Landscaping Improvements. Subdivider shall install at its own expense and at no cost to
the Town, all landscaping as depicted on the approved landscaping plan. All landscaping
that dies within one (1) year shall be replaced by Subdivider at its sole cost, and shall be
required to live for at least one (1) year from the time it is replanted. Subdivider's
obligations under this Paragraph shall be guaranteed as part of the Improvements.
21. Erosion Control. Subdivider shall comply with all applicable erosion control measures
specified in the Final Plat Documents.
22. Contracting Licensing. Before proceeding with any of the work contemplated herein,
Subdivider shall ensure that all contractors and /or subcontractors employed by
Subdivider shall have paid for and obtained an appropriate business license and other
taxes or fees to the Town before commencing work on any of the Improvements.
23. No Third Party Beneficiaries. It is expressly understood and agreed that enforcement of
the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the Town and Subdivider, and nothing
contained in this Agreement shall give or allow any such claim or right of action by any
other third person on this Agreement. It is the express intention of the Town and
Page 9of14
Subdivider that any person other than the Town or Subdivider receiving services or
benefits under this Agreement shall be deemed to be an incidental beneficiary only.
24. Form of Payment of all Fees and Charges. Unless otherwise agreed to by the Town
Manager on a case by case basis, Subdivider's payment of fees and charges specified by
this Agreement shall be made in the form of certified funds, cashier's check or wire
transferred funds delivered to the Town Manager or his or her designee, or to accounts
identified by said person.
25. Attorney's Fees. It is agreed that if any action is brought in a court of law by either party
to this Agreement concerning the arbitration, enforcement, interpretation or construction
of this Agreement, or any documents provided for herein, the substantially prevailing
party, either at trial or upon appeal, shall be entitled to reasonable attorneys' fees, as well
as costs, including expert witness fees, incurred in the prosecution or defense of such
action.
26. Indemnification. Subdivider agrees to indemnify and hold the Town, its officers,
employees, agents and insurers harmless '! from and against all liability, claims, and
demands, on account of injury, loss or damage, including, without limitation, claims
arising from bodily injury, personal injury, sickness, disease, death, property loss or
damage, or any other loss of any kind whatsoever, which arise out of or are in any
manner connected with the construction of the Improvements or other work performed
upon the Subdivision, if such injury, loss, or damage is caused in whole or in part by, or
is claimed to be caused in whole or in part by the act, omission, error, professional error,
mistake, negligence, intentional act, or other fault of Subdivider, any subcontractor of
Subdivider, or any officer, employee, representative, or agent of Subdivider or of any
subcontractor of Subdivider, or which arise out of any worker's compensation claim of
any employee of Subdivider, or of any employee of any subcontractor of Subdivider.
Subdivider agrees to investigate, handle, respond to, and to provide defense for and
defend against any such liability, claims, or demands at the sole expense of Subdivider.
Subdivider also agrees to bear all other costs and expenses related thereto, including
court costs and attorneys' fees, whether or not any such liability, claims or demands
alleged are determined to be groundless, false, or fraudulent.
27. No Waiver. No waiver of any provision '! of this Agreement shall be deemed to constitute
a waiver of any other provision, nor shall it be deemed to constitute a continuing waiver
unless expressly provided for by a written amendment to this Agreement signed by both
the Town and Subdivider; nor shall the waiver of any default under this Agreement be
deemed a waiver of any subsequent default or defaults of the same type. The Town's
failure to exercise any right under this Agreement shall not constitute the approval of any
wrongful act by Subdivider or the acceptance of any Improvements.
28. Vested Property Rights. This Agreement shall not alter, enlarge, extend or modify any
vested right obtained by Subdivider in connection with the Subdivision. Subdivider
hereby waives its rights to any claims against the Town under Colorado vested property
rights statutory or common laws if the Town suspends work or withdraws its approval
because of false or inaccurate information provided by Subdivider.
29. Recordation. This Agreement and the final plat shall be recorded by the Town in the
Office of the Grand County Clerk and Recorder and Subdivider shall pay the Town the
costs thereof upon demand. It is Subdivider's obligation to prepare and submit to the
Town the final plat in a form and upon material acceptable for recordation by the Clerk
and Recorder.
Page 10 of 14
30. Immunity. Nothing contained in this Agreement shall constitute a waiver of the Town's
sovereign immunity under any applicable state or federal law.
31. Personal Jurisdiction and Venue. Personal jurisdiction and venue for any civil action
commenced by either party to this Agreement, whether arising out of or relating to the
Agreement or the Performance Guarantee, shall be deemed to be proper only if such
action is commenced in the District Court of Grand County, Colorado. Subdivider
expressly waives its right to bring such action in or to remove such action to any other
court, whether state or federal.
32. Code Changes. References in this Agreement to any provision of the Town's Municipal
Code or to any Town or other governmental standard are intended to refer to any
subsequent amendments and /or revisions to such Code or standard. Such amendments or
revisions shall be binding upon Subdivider.
33. Nonassignability. This Agreement may not be assigned by Subdivider without the prior
written consent of the Town.
34. Notices. Any notice required or permitted hereunder shall be in writing and shall be
sufficient if personally delivered, mailed by certified mail, return receipt requested, or
sent by facsimile, addressed as follows:
If to the Town:
If to Subdivider:
Town of Fraser
Attn: Town Manager
P. O. Box 370
Fraser, CO 80442
(970)- 726 -5491
Fax No.(970) -726 -5518
Grand Park Development, LLC
Attn: Clark Lipscomb
P.O. Box 30
Winter Park, CO 80482
Ph: 970 - 726 -8600
Fax: 970 - 726 -8833
Notices mailed in accordance with the above provisions shall be deemed to have been
given on the third business day after mailing Notices personally delivered shall be
deemed to have been given upon delivery. Notices sent by facsimile shall be deemed to
have been given at the time the transmission is received. Nothing herein shall prohibit the
giving of notice in the manner provided for in the Colorado Rules of Civil Procedure for
service of civil process.
35. Entire Agreement. This Agreement constitutes the entire agreement and understanding
between the parties relating to the subject matter of this Agreement and supersedes any
prior agreement or understanding relating to such subject matter.
Page 11 of 14.`
36. Severability. It is understood and agreed by the parties hereto that if any part, term, or
provision of this Agreement is held by a court of competent jurisdiction to be illegal or in
conflict with any law, state or federal, the validity of the remaining portions or provisions
hereof shall not be affected, and the rights and obligations of the parties shall be
construed and enforced as if the Agreement did not contain the particular part, term, or
provision held to be invalid.
37. Modification. This Agreement may be modified or amended only by a duly authorized
written instrument executed by the parties hereto.
38. Counterparts. This Agreement may be executed simultaneously in two or more copies,
each of which shall be considered an original for all purposes and all of which together
shall constitute but one and the same instrument.
39. Binding Effect. This Agreement shall run with the Property, and shall be binding upon,
and shall inure to the benefit of, the parties and their respective heirs, successors, assigns,
and legal representatives.
40. Governing Law. This Agreement shall be interpreted in accordance with the laws of the
State of Colorado.
41. Illegal Aliens. Subdivider certifies that Subdivider shall comply with the provisions of
CRS 8- 17.5 -101, et seq. Subdivider shall not knowingly employ or contract with an
illegal alien to perform work under this contract or enter into a contract with a
subcontractor that fails to certify to Subdivider that the subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under this contract. Subdivider
represents, warrants, and agrees that it (i) has verified that it does not employ any illegal
aliens, through participation in the Basic Pilot Employment Verification Program
administered by the Social Security Administration and the Department of Homeland
Security, or (ii) otherwise will comply with the requirements of CRS 8- 17.5- 102(2)(b)(I).
Subdivider shall not use Basic Pilot Program procedures to undertake preemployment
screening of job applicants while this contract is being performed. Subdivider shall
comply with all reasonable requests made in the course of an investigation by the
Colorado Department of Labor and Employment. If Subdivider obtains actual
knowledge that a subcontractor performing work under this contract knowingly employs
or contracts with an illegal alien, Subdivider shall: (a) Notify the subcontractor and the
Town within three days that Subdivider has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and (b) Terminate the subcontract with the
subcontractor if within three days of receiving the notice required pursuant to sub-
paragraph (a) above, the subcontractor does not stop employing or contracting with the
illegal alien, unless the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien. If
Subdivider fails to comply with any requirement of this provision or C.R.S. 8- 17.5 -101,
et seq., the Town may terminate this contract for breach of contract, and Subdivider shall
be liable for actual and consequential damages to the Town.
Page 12 of 14
Incorporation of Exhibits. The following attached Exhibits are incorporated herein by reference:
Exhibit A
Exhibit B
Exhibit C
Exhibit E
Property description
Public improvements description and cost estimates
Public improvements completion schedule
Permitted title exceptions
Dated to be effective the day ofs�;
ATTEST: TOWN OF FRASER
a Colorado statutory municipal corporation
Town Clerk
Mayor
STATE OF COLORADO )
)ss.
COUNTY OF GRAND )
The foregoing instrument was acknowledged before me this J(kday of l5 4- ,
by rightV door_ , Mayor, and Lt & 00/46490-, , Town Clerk of the Town Fraser, a
Colorado statutory municipal corporation.
WITNESS my hand and official seal.
My commission expires: 7j p ( &o14-
My Comm. Exp. 05/10/2014
Page 13 of 14
SUBDIVID
Grand Par evl•,('` ent, LLC
By: ,
STATE OF COLORADO )
)ss.
COUNTY OF GRAND )
r
The foregoing instrument was acknowledged before me this by day of
Clark Lipscomb, President of Grand Park Development, LLC.
WITNESS my hand and official seal.
My commission expires:
/‘
OAAR
PUB -
ion
7
Notary Public
Page 14 of 14
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ENGINEER'S OPINION OF PROBABLE COST
VILLAGE CENTER I PROVE
by: TK
TO P KN OT
CIVIL & STRUCTURAL ENGINEERING
Date:
Updated:
3/18/2011
8/4/2011
GRAND PARK - SECOND STREET
QUANTITY
UNIT
UNIT PRICE
TOTAL
1. Subgrade Prep
1,589
SQ YD
$1.75
$2,781
2. Base Course - leveling course
1,589
SQ YD
$1.10
$1,748
3. Asphalt Paving - Depth varies 5" to 6"
1,372
SQ YD
$18.00
$24,696
4. Curb and Gutter (1' spill and 2' catch)
551
LF
$8.00
$4,408
5. Intersection 8' Cross Pans
491
SF
$4
$1,964
6. 4' Valley Pans
135
LF
$8
$1,080
7a. 2' Drainage Chase
30
LF
$10
$300
7b. Minor Grading, Drainage Swale, Erosion Control
1
EA
$1,000
$1,000
8. Curb Ramps
4
EA
$150.00
$600
9. Raise Manholes and Gate Valves in Asphalt
1
LS
$400.00
$400
10. Traffic Signs
6
EA
$150.00
$900
11. Move Hydrants
1
EA
5500.00
$500
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-'.n.
l'5, 4A nom,, v n . E4C G,-. ' 2,-+, : P'
...
frx
_,;
n
18. Striping
1
LS
$500
$500
19. 2' ribbon curb
160
LS
$6
$960
SUBTOTAL $41,837
25% CONTINGENCY $10,459
GRAND PARK (SECOND ST.) TOTAL $52,296
Limitations:
1. This estimate does not include soft costs such as design costs, review costs, permitting, legal fees, etc.
2. Street lights are guesstimated. Primary and Feeder Under ground power installation are NOT quantified for this estimate.
3. Contractor shall verify quantities through a take off of construction plans.
4. Phasing based on revised "Obligation Exhibit" by Vogel & Associates.
5. Quantity estimate does not include dry utilities.
6. Geotech recommendations for pavement depth vary between 5" and 6 "full depth asphalt depending on traffic. Also, 5" of portland cement reccomended for areas of
high turning stresses and /or heavy truck traffic. An alternative composite section of 4" asphalt over 8" base is included in Geotech recommendations. Town of Fraser
requires 5 " minimum asphalt depth.
PG11003 GP i'"ti•ge Centel ',CALCUL4 TONS Des gr Repo l4 \GP ✓C Co5t5\11004 CE 201 C 08-04.4, Pp,t<_A : 8:37 F,i/7, b' /2011
EXHIBIT C
The improvements specified on Exhibit B to the Subdivision Improvements Agreement for the
Village at Grand Park — Filing 2, Lot 12A and Tract D between the Town of Fraser and Grand
Park Development, LLC shall be complete by November 30, 2012
July 10, 2012
To the Town of Fraser Trustees,
In spite of considerable efforts on our part since the last meeting, we are still moving ahead at a
snail's pace and are in a position to move our store next to Safeway as yet. There still remains
the fact that the previous tenant has not completely vacated the space and we continue to try to
appease the landlord in our current location. Basically we are at the mercy of forces we cannot
seem to move along any quicker. Therefore once again, we beseech the Town Board to
continue the Liquor Hearing for Bottle Pass Liquors, Inc. until its meetin to be held in
August 2012. We still wish the existing tenant at the Safeway Center to have as much time as
is needed to close her business and move her belongings without undue pressure from us to
leave before the termination of her lease which is August 15, 2012. Secondly, we do not wish to
expose our business to the 60 day occupancy requirement risk when the vacancy of the
intended space is still not certain. With the continuance we can continue to accommodate the
existing tenant, remove the 60 day risk, solve matters with our existing landlord and everyone
comes out better.
Once again I want to acknowledge that we do recognize and greatly appreciate that the Board
has been very generous with us on the time allotment and that the town has expended funds for
postings and announcements, etc. So therefore, thank you so much for your patience with us
and let this letter serve as our pledge to reimburse the town for those amounts. Enclosed
please find two checks to help defray the posting costs of the May and July meetings. The
amounts were given to us by Mr. Durban. I can't reimburse Lu for her efforts in any manner
except to give her our heartfelt thanks for all she has done for us.
Thank you for your consideration of these matters,
Richard Bennett
President, Bottle Pass Liquors, Inc.
LIQUORS
"SPIRITS OF THE ROCKIES"
P.O. Box 621, Fraser CO 80442 726 9476
TOWN OF FRASER
RESOLUTION NO. 2012-03-05
A RESOLUTION REGARDING THE ANNEXATION PETITION FOR THE PROPERTY KNOWN
AS BYERS PEAK RANCH
WHEREAS,an AmendedPetition for Annexation of the Byers Peak Property was filed
with the Town of Fraser on November 26, 2007; and
WHEREAS,a Public Hearing was held on February 6, 2008 for the purpose of
determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105 of
Colorado Revised Statutes, or such parts thereof as may be required to establish eligibility for
annexation; and
WHEREAS, the Town Board adopted Resolution 02-01-08 which determined that the
property is eligible for annexation and thataction on the proposed annexation shall be deferred
until the terms of the annexation agreement are negotiated, or until the Board otherwise
determines to act upon said proposed annexation
WHEREAS,the Town of Fraser and Byers Peak Properties entered into a Pre-
Annexation agreementon October 6, 2010 in order to confirm their understanding and
agreement as to how annexation negotiations and proceedings would be conducted; and
WHEREAS, the Pre-Annexation Agreement provides that the parties will enter into good
faith negotiations to develop a mutually acceptable annexation and development agreement;
and
WHEREAS, the Pre-Annexation Agreement provides that the Town may deny the
Petition at any time if it concludes that the parties cannot reach aconsensuson an annexation
and development agreement, or if the Town decides not to annex the property for any other
reason.
WHEREAS,the Planning Commission held Public Hearings in regarding the proposed
zoning for the property on March 23, 2011, April 27, 2011, and May 25 2011 and recommended
Planned Development District Zoning with conditions, many of which might be addressed via an
Annexation Agreement and were therefore subject to Town Board negotiations; and
WHEREAS,the Town Boardestablished Annexation Committee who met regularly with
Staff and the Town Board reviewing proposed terms and conditions and also met with the
proponents on October 26, 2011, November 2, 2011, December 6, 2011. Additional meetings
were scheduled and then cancelled during 2012 due to a lack of progress toward mutually
acceptable terms; and
WHEREAS,on February 27, 2012 the Town was provided with a Notice and Joinder of
property subject to the 2007 Annexation Petition that had been conveyed in 2009 from Byers
Peak Properties to Byers Peak Downhill Properties; and
WHEREAS,it is the policy of the Town Board that development should occur within
incorporated areasand that it should occur in a manner that is not detrimental to, or at a cost to,
other propertieswithinor citizens of the Town; and
WHEREAS, the Town of Fraser and petitioner haveworked diligently and expended
significant resources pursuing mutually agreeable terms and conditions of annexation; and
WHEREAS, the most recent annexation agreement language provided to the Town is
notmeaningfullycloser to mutually agreeable terms than drafts provided over one year ago;and
WHEREAS, the Town Board held a public hearing on March 21, 2012 as requested by
the petitioner to allow an opportunity to clearly communicate its respective positionto the Town
Board and for the purpose of considering whether to continue or discontinue negotiations for an
agreement regarding annexation and development of the subject property, and/or to deny the
Annexation Petition in accordance with the provisions of the Pre-Annexation Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO THAT:
1.The Board finds and determines that the Town has been unable to reach an agreement
with the owners of the property that is the subject of said Petition for Annexation, despite
good faith efforts, and it is unlikely that further negotiations would result in a mutually
acceptable agreementat this time. The major issues and concerns on behalf of the
Town relating to the annexation and development of said property are summarized in the
Memorandum to Byers Peak Properties from the Town Board, datedFebruary 15, 2012,
which was made a part of the record of the public hearing. The Board finds that the
property owners have failed to satisfactorilyaddress those issues and concernsin a
manner that justifies continued efforts by the Town to resolve the same.
2.The Board hereby rejects and denies said Petition for Annexation and terminates all
proceedings relating to said Petition, without prejudice, however, to consideration of a
future petition for annexation of all or partof the same property included in said Petition.
3.The Pre-Annexation Agreement provides that owner shall reimburse the Town for all
outside costs incurred in connection with annexation and related zoning proceedings,
including without limitation all expenses of outside consultants. To date, the Town have
expensed over $60,000 in legal fees that have not been charged to petitioner given the
status of our negotiations. Pursuant to the terms of the Pre-Annexation Agreement, the
$10,000 deposit will be appliedtoward those expenses.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
th
THIS 18DAY OF JULY, 2012.
Votes in Favor:
Votes Opposed:
Absent:
Abstained:
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
(S E A L)
By:
Mayor
ATTEST:
Town Clerk
OLD TOWN
FRASER
BUSINESS
DISTRICT
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OLD TOWN
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BUSINESS
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Clerks Update
July 18, 2012
The Foundry and Sharky’s liquor license renewals have been received and issued.
Grand Park Community FoundationSpecial Eventapplications for two events in Grand Park
thth
taking place on June 30after the Run for Independence and August 4have been granted.
th
We have a continuation of the Public Hearing from April 18
regarding Bottle Pass Change of
Location liquor application. Any documentation received from Bottle Pass will be in your packet.
Bottle Pass has submitted a letter requesting this hearing be moved to our August 15, 2012
meeting. They are paying the feesfor the additional publication notices. I have included their
letter of request in your packet.
We received one Medical Marijuana license application. I am still in the process of collecting all
the documents from the applicant and will schedule a publichearing, not more than 30 days
after the application has been submitted.
If you have any questions feel free to give me a call.
Lu
Finance Update:07/18/2012
Prepared:07/11/2012
Transmitted with your packet this week are your June Financial Statements for both the Town
and the Joint Facility, along with your May 2012 Sales Tax Report.
It was great having the whole gang at our preliminary budget meeting this week! The
conversation was wonderful and I know you all walked away thinking we’ve got some high level
work/conversations to have….and no better time to nail down those visions as we prepare the
2013 budget. Let me know if you have any questions on the financial statements.
Great news –our sales tax keeps inching higher on a monthly basis! Year-to-Date (Jan-May) we
are currently running 2% above last year…its inches not feet, but happy to have that. And on an
adjustedbasis May is up nearly 9.5%, and that’s awesome for a shoulder month. I generally
receive Mr. Bill’s WP Sales tax report a little before we receive our remittance from the State, this
year I’ve been holding my breath for our payment as I see each month that Winter Park has been
down. As I said last month there is a message here, just trying to flush it out. Personally I think
the story is that we are seeing an increase in year round residents, not a ton but some?
Of course I’ve been busy with all of thequarter end federal and state reporting requirements,
along with other quarter-end duties, but mainly I have been preparing for the budget season. The
preliminary JFF budget will be the first to come out –I am shooting to provide the preliminary
thst
2013 JFF budget to the three Managers on Monday the 16of July –our deadline is August 1.
Since the 2013 budget will pretty much mirror this year’s budget (since the CRR has already been
changed)it will be pretty easy and a way to get the budget process under way for the Joint
Facility. The JFOC will need to convene to discuss and recommend the budgetas it is
presented, andthen the three entities will adopt the budget by their own formal adoption of
expenditures based upon the JFF budget. I know clear as mud!
Once the JFF budget is off my plate I can really concentrate on the Town’s 2013 budget, and
assisting the Budget Committee with its process over the next several months. We will begin to
discuss the other tools available from my department such as the financial statements, the detail
ledger report and the ten year budget spreadsheet and all of the encompassed capital
improvement/purchase spreadsheets which drill down from the budget line items. Please contact
me if you would like some one-on-one time to come upto speed on any financial issues. Of
course you are all more than welcome to continue to attend all of the budget committee meetings.
As always please contact me with any questions or concerns you might have: 726-5491 X206 or
nhavens@town.fraser.co.us.
at
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491fax 970-726-5518
www.frasercolorado.com
ASSETS
40 -10100 CASH ALLOCATED TO OTHER FUNDS
40 -10210 JFOC CHECKING 0318047507
40 -10215 MONEY MARKET O &M RESERVE
40 -11550 A/R WPR
40 -11560 A/R GC #1
40 -11570 A/R TOF
LIABILITIES AND EQUITY
LIABILITIES
40 -20920 JFOC O &M RESERVE
TOTAL LIABILITIES
FUND EQUITY
TOF JOINT FACILITIES FUND
BALANCE SHEET
JUNE 30, 2012
JOINT FACILITIES FUND
154.95
86,118.63
52, 891.34
14,451.56
23,052.49
12, 501.36
TOTAL ASSETS 189,170.33
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES YTD 2,366.31
BALANCE CURRENT DATE
TOTAL FUND EQUITY
TOTAL LIABILITIES AND EQUITY
186, 804.02
2,366.31
186, 804.02
2,366.31
189,170.33
REVENUE
TOF JOINT FACILITIES FUND
REVENUES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
JOINT FACILITIES FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
40 -30 -100 INTEREST O &M ACCOUNTS 27.32 324.81 600.00 275.19 54.1
40 -30 -200 O &M REIMBURSEMENT WPR 14,451.56 75,033.04 214,500.00 139,466.96 35.0
40 -30 -210 O &M REIMBURSEMENT- GC #1 23,052.49 129,064.82 341,600.00 212,535.18 37.8
40 -30 -220 O &M REIMBURSEMENT TOF 12,501.36 77,830.55 183,500.00 105,669.45 42.4
40 -30 -230 STUDY REIMBURSEMENT WP .00 2,360.77 .00 2,360.77) .0
40 -30 -235 STUDY REIMBURSEMENT GRANBY .00 2,360.76 .00 2,360.76) .0
40 -30 -900 MISCELLANEOUS REVENUE .00 2,041.50 .00 2,041.50) .0
40 -30 -999 CARRYOVER BALANCE .00 .00 254,379.00 254,379.00 .0
TOTAL REVENUE 50,032.73 289,016.25 994,579.00 705,562.75 29.1
TOTAL FUND REVENUE
50,032.73 289,016.25 994,579.00 705,562.75 29.1
PLANT EXPENDITURES
TOF JOINT FACILITIES FUND
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
JOINT FACILITIES FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
40 -85 -110 SALARIES 18,690.61 80,554.50 180,000.00 99,445.50 44.8
40 -85 -210 HEALTH INSURANCE 3,008.34 14,886.42 48,407.00 33,520.58 30.8
40 -85 -220 FICA TAX 1,322.39 5,855.04 13,770.00 7,914.96 42.5
40 -85 -230 RETIREMENT 566.02 2,465.12 7,200.00 4,734.88 34.2
40 -85 -250 UNEMPLOYMENT TAX 56.08 241.69 540.00 298.31 44.8
40 -85 -260 WORKERS COMP CLAIMS .00 179.95 .00 179.95) .0
40 -85 -280 TRAINING PROGRAMS .00 373.27 4,000.00 3,626.73 9.3
40 -85 -290 TRAVEL MEALS AND LODGING .00 36.08 3,000.00 2,963.92 1.2
40 -85 -295 MEALS LOCAL BUSINESS 14.66 14.66 200.00 185.34 7.3
40 -85 -310 LEGAL FEES .00 .00 5,000.00 5,000.00 .0
40 -85 -320 AUDIT FEE 3,900.00 3,900.00 6,000.00 2,100.00 65.0
40 -85 -330 ENGINEERING FEES .00 3,353.60 15,000.00 11,646.40 22.4
40 -85 -350 SLUDGE REMOVAL 1,351.11 14,530.72 65,000.00 50,469.28 22.4
40 -85 -370 PROFESSIONAL SERVICES 232.00 1,392.00 36,500.00 35,108.00 3.8
40 -85 -375 REIMBURSABLE PROF SERVICES .00 6,015.30 1,000.00 5,015.30) 601.5
40 -85 -410 BANK CHARGES .00 .00 100.00 100.00 .0
40 -85 -430 INSURANCE PLANT .00 24,588.11 28,000.00 3,411.89 87.8
40 -85 -460 PLANT MAINTENANCE AND REPAIR 541.29 4,514.35 40,000.00 35,485.65 11.3
40 -85 -475 GROUNDS MAINTENANCE 4.74 96.32 2,000.00 1,903.68 4.8
40 -85 -480 EQUIPMENT RENTAL .00 .00 500.00 500.00 .0
40 -85 -490 PROFESSIONAL MEMBERSHIPS .00 .00 500.00 500.00 .0
40 -85 -500 OPERATING SUPPLIES 82.58 3,522.22 20,000.00 16,477.78 17.6
40 -85 -506 OPERATING SUPPLIES CHEMICALS 6,293.42 36,666.29 75,000.00 38,333.71 48.9
40 -85 -510 EQUIPMENT PURCHASE AND REPAIR 186.66 8,242.35 20,000.00 11,757.65 41.2
40 -85 -520 TESTING 5,537.13 18,987.81 40,000.00 21,012.19 47.5
40 -85 -525 PERMITS .00 2,640.00 18,000.00 15,360.00 14.7
40 -85 -560 UTILITIES TELEPHONE 197.75 1,192.88 5,500.00 4,307.12 21.7
40 -85 -562 UTILITIES ELECTRICITY 7,204.53 47,016.55 90,000.00 42,983.45 52.2
40 -85 -565 UTILITIES NATURAL GAS 364.64 2,096.09 9,000.00 6,903.91 23.3
40 -85 -567 UTILITIES PLANT GENERATOR .00 405.08 2,500.00 2,094.92 16.2
40 -85 -569 UTILITIES TRASH REMOVAL 134.87 809.22 3,500.00 2,690.78 23.1
40 -85 -650 VEHICLE EXPENSES 316.59 1,995.32 6,000.00 4,004.68 33.3
40 -85 -690 MISCELLANEOUS EXPENSE .00 79.00 1,000.00 921.00 7.9
TOTAL PLANT EXPENDITURES 50,005.41 286,649.94 747,217.00 460,567.06 38.4
TOTAL FUND EXPENDITURES 50,005.41 286,649.94 747,217.00 460,567.06 38.4
NET REVENUE OVER EXPENDITURES 27.32 2,366.31 247,362.00 244,995.69 1.0
ASSETS
47 -10100 CASH COMBINED FUND
47 -10220 COLOTRUST 8006 CRR
47 -10310 MB MONEY MARKET CRR
47 -10410 GMB MONEY MARKET CRR
47 -10510 CDARS 1012191266 CRR
47 -10515 CDARS 1012193366 CRR
47 -10520 CDARS 1011238323 CRR
LIABILITIES AND EQUITY
LIABILITIES
47 -20910 JFOC CRR FUNDS
TOTAL LIABILITIES
FUND EQUITY
TOF JOINT FACILITIES FUND
BALANCE SHEET
JUNE 30, 2012
JFF CRR /CIP FUND
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES YTD 12,776.59
BALANCE CURRENT DATE
TOTAL FUND EQUITY
TOTAL LIABILITIES AND EQUITY
154.95
427,585.87
227,879.23
85,546.54
468,742.58
468,742.57
946,679.03
TOTAL ASSETS 2,625,020.87
2,612,244.28
12,776.59
2,612,244.28
12, 776.59
2,625,020.87
CRR AND CIP FUND REVENUES
47 -30 -100 INTEREST INCOME CRR ACCOUNTS
47 -30 -990 CRR CARRYOVER BALANCE
TOTAL CRR AND CIP FUND REVENUES
TOF JOINT FACILITIES FUND
REVENUES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
JFF CRR /CIP FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
2,140.60 12, 931.54 15, 000.00 2,068.46 86.2
.00 .00 2, 653, 000.00 2, 653, 000.00 .0
2,140.60 12,931.54 2,668,000.00 2,655,068.46 .5
TOTAL FUND REVENUE 2,140.60 12,931.54 2,668,000.00 2,655,068.46 .5
CAPITAL RPLMNTRESERVE PROJECTS
47 -60 -730 CRR PROJECTS
TOTAL CAPITAL RPLMNTRESERVE PROJECTS
CAPITAL PURCHASES
TOF JOINT FACILITIES FUND
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
JFF CRR /CIP FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
.00 154.95 173, 500.00 173, 345.05 .1
.00 154.95 173, 500.00 173, 345.05 .1
47 -69 -740 CAPITAL PURCHASES .00 .00 20,000.00 20,000.00 .0
TOTAL CAPITAL PURCHASES .00 .00 20,000.00 20,000.00 .0
TOTAL FUND EXPENDITURES .00 154.95 193,500.00 193,345.05 .1
NET REVENUE OVER EXPENDITURES 2,140.60 12,776.59 2,474,500.00 2,461,723.41 .5
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Town of Fraser Sales Tax Report Actual Collections
Z.OZ ..OZ
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Town of Fraser Sales Tax Report Adjusted Collections
Town of Fraser Sales Tax Report Actual Collections
COMBINED CASH ACCOUNTS
01 -10200 GENERAL CHECKING #878 000884
01 -10220 GENERAL CO -01- 0160 -8001
TOTAL COMBINED CASH
01 -10100 CASH ALLOCATED TO OTHER FUNDS
CASH ALLOCATION RECONCILIATION
10 ALLOCATION TO GENERAL FUND
20 ALLOCATION TO CONSERVATION TRUST FUND
30 ALLOCATION TO CAPITAL EQUIP REPLACEMENT FUND
32 ALLOCATION TO CAPITAL ASSET FUND
40 ALLOCATION TO DEBT SERVICE FUND
50 ALLOCATION TO WATER FUND
55 ALLOCATION TO WASTEWATER FUND
70 ALLOCATION TO PETERSEN TRUST
TOTAL ALLOCATIONS TO OTHER FUNDS
ALLOCATION FROM COMBINED CASH FUND 01 -10100
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
COMBINED CASH INVESTMENT
JUNE 30, 2012
32,445.20
6,845,994.30
6,878,439.50
6,878,439.50)
TOTAL UNALLOCATED CASH .00
2,655,890.43
28,300.03
545,522.31
309,359.21
623,914.78
587,407.76
2,116,485.87
11,559.11
6,878,439.50
6,878,439.50)
ZERO PROOF IF ALLOCATIONS BALANCE .00
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:42AM PAGE: 1
ASSETS
TOWN OF FRASER
BALANCE SHEET
JUNE 30, 2012
GENERAL FUND
10 -10100 CASH COMBINED FUND 2,655,890.43
10 -11100 PROPERTY TAXES RECEIVABLE 216,520.00
10 -11550 ACCTS REC BILLINGS 41,680.46
10 -12000 ALLOWANCE FOR DOUBTFUL ACCTS. 20,409.55)
10 -12500 FORFETURES DUE TOF FROM CCOERA 2,675.59)
TOTAL ASSETS 2,891,005.75
LIABILITIES AND EQUITY
LIABILITIES
10 -21710 FWT /FICA PAYABLE 10,627.99
10 -21730 STATE WITHHOLDING PAYABLE 4,018.00
10 -21740 UNEMPLOYMENT TAXES PAYABLE 737.61
10 -21760 HEALTH INSURANCE PAYABLE 15,800.99)
10 -21773 DEPENDENT CARE PAYABLE 1,699.20)
10 -21775 FLEX HEALTH PLAN PAYABLE 6,003.42
10 -22210 DEFERRED TAXES 216,520.35
10 -22920 SUBDIVISION IMP SECURITY DEP 74,262.00
10 -22930 DRIVEWAY PERMIT SURETY 4,500.00
10 -22940 PRE ANNEXATION DEPOSIT BPR 10,000.00
10 -22950 RENTAL PROPERTY DEPOSITS HELD 750.00
TOTAL LIABILITIES 309,919.18
FUND EQUITY
10 -27000 RESFUND BAL SAVINGS 750,000.00
10 -27100 RESTRICTED FUND BALANCE 223,805.00
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES YTD 1,607,281.57
BALANCE CURRENT DATE
TOTAL FUND EQUITY
TOTAL LIABILITIES AND EQUITY
FOR ADMINISTRATION USE ONLY
1,607,281.57
2,581,086.57
2,891,005.75
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:42AM PAGE: 2
TAXES
10 -31 -100 GENERAL FUND PROPERTY TAX
10 -31 -200 SPECIFIC OWNERSHIP TAX
10 -31 -300 MOTOR VEHICLE TAX
10 -31 -400 TOWN SALES TAX
10 -31 -410 USE TAX BUILDING MATERIALS
10 -31 -420 USE TAX MOTOR VEHICLE SALES
10 -31 -430 STATE CIGARETTE TAX
10 -31 -800 FRANCHISE FEES
TOTAL TAXES
LICENSES PERMITS
10 -32 -100 BUSINESS LICENSE FEES
10 -32 -110 LIQUOR LICENSE FEES
CHARGES FOR SERVICES
TOTAL CHARGES FOR SERVICES
MISCELLANEOUS REVENUE
10 -36 -100 INTEREST EARNINGS
10 -36 -300 RENTAL INCOME
10 -36 -610 REIMBURSABLE PROF SERVICES
10 -36 -900 MISCELLANEOUS REVENUE
OTHER SOURCES TRANSFERS
10 -39 -999 CARRYOVER BALANCE
TOTAL OTHER SOURCES TRANSFERS
TOTAL FUND REVENUE
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
GENERAL FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
26,437.57 170,464.53 216,500.00 46,035.47 78.7
801.53 3,428.75 8,000.00 4,571.25 42.9
283.50 1,575.50 4,000.00 2,424.50 39.4
118,195.99 547,525.50 1,550,000.00 1,002,474.50 35.3
1,709.08 4,148.62 30,000.00 25,851.38 13.8
9,857.52 20,237.74 25,000.00 4,762.26 81.0
443.09 1,644.29 5,000.00 3,355.71 32.9
1,870.09 18,620.68 40,000.00 21,379.32 46.6
159,598.37 767,645.61 1,878,500.00 1,110,854.39 40.9
280.00
550.00
TOTAL LICENSES PERMITS 830.00
640.11
730.00
1,109.46
15.00
TOTAL MISCELLANEOUS REVENUE 2,494.57
10,460.00
1,701.25
910.00 3,210.00
2,139,298.83 2,139,298.83
2,139,298.83 2,139,298.83
2,303,131.77 2,995,691.75
9,000.00
1,500.00
12,161.25 10,500.00
10 -34 -100 ANNEXATION FEES .00 50.00 1,000.00 950.00 5.0
10 -34 -110 ZONING FEES .00 700.00 1,500.00 800.00 46.7
10 -34 -120 SUBDIVISION FEES 750.00 2,100.00 1,500.00 600.00) 140.0
10 -34 -130 MISCELLANEOUS PLANNING FEES 160.00 360.00 1,000.00 640.00 36.0
3,052.90
4,450.00
40,607.91
25,265.25
4,000.00
9,000.00
55,000.00
35,000.00
73,376.06 103,000.00
1,460.00) 116.2
201.25) 113.4
1,661.25) 115.8
5,000.00 1,790.00 64.2
947.10 76.3
4,550.00 49.4
14,392.09 73.8
9,734.75 72.2
29,623.94 71.2
2,055,383.00 83,915.83) 104.1
2,055,383.00 83,915.83) 104.1
4,052,383.00 1,056,691.25 73.9
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:42AM PAGE: 3
TOWN BOARD
TOTAL TOWN BOARD
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
GENERAL FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
10 -41 -110 SALARIES 4,220.00 8,360.00 26,000.00 17,640.00 32.2
10 -41 -220 FICA TAX 322.83 639.54 1,989.00 1,349.46 32.2
10 -41 -280 TRAINING PROGRAMS 344.00 809.79 2,000.00 1,190.21 40.5
10 -41 -290 TRAVEL, MEALS AND LODGING 129.00 487.86 3,000.00 2,512.14 16.3
10 -41 -295 MEALS AND ENTERTAINMENT 426.73 2,362.96 6,000.00 3,637.04 39.4
10 -41 -690 MISCELLANEOUS EXPENSE 97.44 567.39 2,500.00 1,932.61 22.7
10 -41 -860 GRANTS AND AID TO AGENCIES .00 .00 2,500.00 2,500.00 .0
10 -41 -861 INTERGOVERNMENTAL AGREEMENTS .00 4,500.00 25,000.00 20,500.00 18.0
10 -41 -862 FRASER/WINTER PARK POLICE DEPT 31,005.00 186,030.00 395,000.00 208,970.00 47.1
10 -41 -863 STREET LIGHTING AND SIGNALS 1,049.24 5,787.47 18,000.00 12,212.53 32.2
10 -41 -864 SPECIAL EVENTS 10,000.00 10,000.00 10,000.00 .00 100.0
10 -41 -866 WOOD STOVE REBATES .00 .00 1,000.00 1,000.00 .0
10 -41 -867 CHAMBER OF COMMERCE -IGA 15,000.00 25,546.67 111,615.00 86,068.33 22.9
10 -41 -868 WINTER SHUTTLE IGA 10,000.00 50,000.00 52,000.00 2,000.00 96.2
10 -41 -870 BUSINESS DIST STREETSCAPE .00 769.00 .00 769.00) .0
10 -41 -871 BUSINESS ENHANCEMENT PROGRAMS 3,280.00 3,280.00 15,000.00 11,720.00 21.9
75,874.24 299,140.68 671,604.00 372,463.32 44.5
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:42AM PAGE: 4
ADMINISTRATION
TOTAL ADMINISTRATION
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
GENERAL FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
10 -45 -110 SALARIES 16,996.04 110,474.28 215,250.00 104,775.72 51.3
10 -45 -210 HEALTH INSURANCE .00 19,031.58 45,340.00 26,308.42 42.0
10 -45 -220 FICA TAX 1,230.90 7,896.32 16,467.00 8,570.68 48.0
10 -45 -230 RETIREMENT 666.92 4,334.98 8,610.00 4,275.02 50.4
10 -45 -250 UNEMPLOYMENT TAX 51.00 331.50 646.00 314.50 51.3
10 -45 -280 TRAINING PROGRAMS .00 356.00 4,000.00 3,644.00 8.9
10 -45 -290 TRAVEL, MEALS AND LODGING .00 1,030.50 4,000.00 2,969.50 25.8
10 -45 -295 MEALS AND ENTERTAINMENT 102.72 1,144.94 3,000.00 1,855.06 38.2
10 -45 -310 LEGAL FEES 7,789.00 37,018.29 50,000.00 12,981.71 74.0
10 -45 -320 AUDIT FEES .00 14,900.00 18,720.00 3,820.00 79.6
10 -45 -330 ENGINEERING FEES 600.00 4,349.01 5,000.00 650.99 87.0
10 -45 -360 COMPUTERS NETWORKS AND SUPPORT 1,726.95 10,542.54 35,000.00 24,457.46 30.1
10 -45 -370 OTHER PROFESSIONAL SERVICES 600.00 12,715.99 40,000.00 27,284.01 31.8
10 -45 -375 REIMBURSABLE PROF SERVICES 258.67 6,482.76 55,000.00 48,517.24 11.8
10 -45 -380 JANITORIAL SERVICES 674.56 3,599.17 15,000.00 11,400.83 24.0
10 -45 -385 TREASURERS FEES 528.75 3,409.29 6,495.00 3,085.71 52.5
10 -45 -395 RECORDING FEES .00 .00 1,000.00 1,000.00 .0
10 -45 -410 BANK CHARGES 35.90 341.90 800.00 458.10 42.7
10 -45 -420 ELECTIONS .00 1,093.94 2,500.00 1,406.06 43.8
10 -45 -430 INSURANCE ALL DEPARTMENTS .00 42,474.85 56,000.00 13,525.15 75.9
10 -45 -440 ADVERTISING 215.29 747.03 1,500.00 752.97 49.8
10 -45 -490 PROFESSIONAL MEMBERSHIPS .00 5,481.31 7,000.00 1,518.69 78.3
10 -45 -500 OPERATING SUPPLIES 588.19 3,572.90 16,000.00 12,427.10 22.3
10 -45 -510 EQUIPMENT PURCHASE AND REPAIR 190.00 4,116.64 20,000.00 15,883.36 20.6
10 -45 -550 POSTAGE 171.00 934.38 3,000.00 2,065.62 31.2
10 -45 -560 UTILITIES TELEPHONE 548.71 2,797.30 8,000.00 5,202.70 35.0
10 -45 -561 UTILITIES NATURAL GAS 188.99 2,029.69 6,000.00 3,970.31 33.8
10 -45 -562 UTILITIES ELECTRICITY 491.67 2,680.41 7,000.00 4,319.59 38.3
10 -45 -569 UTILITIES TRASH REMOVAL 75.00 510.00 2,000.00 1,490.00 25.5
10 -45 -670 PROP MGMT 117 EISENHOWER DR 728.01 4,880.99 20,000.00 15,119.01 24.4
10 -45 -671 PROP MGMT 105 FRASER AVE .00 22.47 1,000.00 977.53 2.3
10 -45 -673 PROP MGMT 153 FRASER AVE 100.00 1,539.12 12,000.00 10,460.88 12.8
10 -45 -674 PROP MGMT 200 EISENHOWER DR .00 .00 2,000.00 2,000.00 .0
10 -45 -676 PROP MGMT 400 DOC SUSIE AVE 9.44 825.06 1,000.00 174.94 82.5
10 -45 -690 MISCELLANEOUS EXPENSE 439.33 1,469.93 8,000.00 6,530.07 18.4
10 -45 -810 LEASE /PURCHASE PRINCIPAL .00 8,631.96 17,476.00 8,844.04 49.4
10 -45 -820 LEASE /PURCHASE INTEREST .00 10,554.92 20,899.00 10,344.08 50.5
35,007.04 332,321.95 735,703.00 403,381.05 45.2
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:42AM PAGE: 5
PUBLIC WORKS
TOTAL PUBLIC WORKS
WALK THROUGH HISTORY PARK
TOTAL WALK THROUGH HISTORY PARK
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
GENERAL FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
10 -60 -110 SALARIES 30,384.31 167,277.80 410,000.00 242,722.20 40.8
10 -60 -210 HEALTH INSURANCE .00 31,122.53 63,000.00 31,877.47 49.4
10 -60 -220 FICA TAX 2,216.66 11,976.31 31,365.00 19,388.69 38.2
10 -60 -230 RETIREMENT 838.27 5,443.94 16,400.00 10,956.06 33.2
10 -60 -250 UNEMPLOYMENT TAX 91.14 501.81 1,230.00 728.19 40.8
10 -60 -280 TRAINING PROGRAMS 54.99 940.72 2,000.00 1,059.28 47.0
10 -60 -290 TRAVEL, MEALS AND LODGING 16.97 100.97 2,000.00 1,899.03 5.1
10 -60 -295 MEALS AND ENTERTAINMENT .00 145.41 500.00 354.59 29.1
10 -60 -330 ENGINEERING FEES 5,914.80 19,032.05 20,000.00 967.95 95.2
10 -60 -360 COMPUTER NETWORK SUPPORT .00 634.13 .00 634.13) .0
10 -60 -370 OTHER PROFESSIONAL SERVICES .00 13,614.96 2,500.00 11,114.96) 544.6
10 -60 -480 EQUIPMENT RENTAL 362.00 397.00 5,000.00 4,603.00 7.9
10 -60 -490 PROFESSIONAL MEMBERSHIPS .00 100.00 500.00 400.00 20.0
10 -60 -500 OPERATING SUPPLIES 4,053.30 28,865.51 65,000.00 36,134.49 44.4
10 -60 -506 PLANTS /PLANTER SUPPLIES 4,179.10 5,157.44 10,000.00 4,842.56 51.6
10 -60 -510 EQUIPMENT PURCHASE AND REPAIR 1,172.77 5,789.25 40,000.00 34,210.75 14.5
10 -60 -560 UTILITIES TELEPHONE 222.15 837.43 3,000.00 2,162.57 27.9
10 -60 -561 UTILITIES NATURAL GAS 174.36 2,511.63 7,000.00 4,488.37 35.9
10 -60 -562 UTILITIES ELECTRICITY 153.70 823.94 3,500.00 2,676.06 23.5
10 -60 -569 UTILITIES TRASH REMOVAL 76.79 404.03 2,500.00 2,095.97 16.2
10 -60 -670 PROP MGMT 125 FRASER AVE 262.78 850.45 5,000.00 4,149.55 17.0
10 -60 -673 PROP MGMT FRASER RIVER TRAIL 245.06 24,501.58 35,000.00 10,498.42 70.0
10 -60 -674 PROP MGMT HWY 40 PEDESTRIAN .00 .00 5,000.00 5,000.00 .0
10 -60 -676 PROP MGMT OLD SCHLHOUSE PK .00 .00 500.00 500.00 .0
10 -60 -679 PROP MGMT SCHOOL BUS GARAGE 160.59 1,761.32 8,000.00 6,238.68 22.0
10 -60 -681 PROP MGMT COZENS RANCH PARK 401.90 466.90 10,000.00 9,533.10 4.7
10 -60 -682 PROP MGMT AMTRAK STATION .00 12.59 1,500.00 1,487.41 .8
10 -60 -683 PROP MGMT PTARMIGAN OS .00 .00 1,500.00 1,500.00 .0
10 -60 -684 PROP MGMT FRODO .00 .00 3,500.00 3,500.00 .0
10 -60 -685 MOUNTAIN MAN PARK .00 .00 1,000.00 1,000.00 .0
10 -60 -690 MISCELLANEOUS EXPENSE 37.56 122.22 5,000.00 4,877.78 2.4
10 -60 -725 STREET IMPROVEMENTS 10,355.01 12,696.27 150,000.00 137,303.73 8.5
61,374.21 336,088.19 911,495.00 575,406.81 36.9
10 -65 -370 OTHER PROFESSIONAL SERVICES .00 .00 1,500.00 1,500.00 .0
10 -65 -380 JANITORIAL SERVICES 450.00 2,282.94 5,000.00 2,717.06 45.7
10 -65 -500 OPERATING SUPPLIES .00 .00 1,000.00 1,000.00 .0
10 -65 -510 EQUIPMENT PURCHASE AND REPAIR .00 .00 5,000.00 5,000.00 .0
10 -65 -560 UTILITIES TELEPHONE 40.51 243.01 1,000.00 756.99 24.3
10 -65 -561 UTILITIES NATURAL GAS 63.32 622.29 1,200.00 577.71 51.9
10 -65 -562 UTILITIES ELECTRICITY 67.27 364.57 1,000.00 635.43 36.5
10 -65 -665 WTHP EXPENSES .00 .00 1,000.00 1,000.00 .0
10 -65 -670 PROP MGMT 120 ZEREX .00 71.55 2,000.00 1,928.45 3.6
10 -65 -690 MISCELLANEOUS EXPENSE .00 25.00 5,000.00 4,975.00 .5
621.10 3,609.36 23,700.00 20,090.64 15.2
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:42AM PAGE: 6
TRANSFERS
10 -90 -920 TRANSFER TO CERF POLICE DEPT
10 -90 -930 TRANSFER TO CERF PUBLICWORKS
10 -90 -935 TRANSFER TO CAF
10 -90 -940 TRANSFER TO DEBT SERVICE FUND
TOTAL TRANSFERS
TOTAL FUND EXPENDITURES
NET REVENUE OVER EXPENDITURES
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
GENERAL FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
45,000.00
50,000.00
75,000.00
247,250.00
417,250.00 417,250.00
590,126.59 1,388,410.18
1,713,005.18
45,000.00
50,000.00
75,000.00
247,250.00
45,000.00
50,000.00
75,000.00
247,250.00
.00 100.0
.00 100.0
.00 100.0
.00 100.0
417,250.00 .00 100.0
2,759,752.00 1,371,341.82 50.3
1,607,281.57 1,292,631.00 314,650.57) 124.3
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:42AM PAGE: 7
ASSETS
LIABILITIES AND EQUITY
FUND EQUITY
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
BALANCE SHEET
JUNE 30, 2012
CONSERVATION TRUST FUND
20 -10100 CASH COMBINED FUND 28,300.03
TOTAL ASSETS 28,300.03
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES -YTD 28,300.03
BALANCE CURRENT DATE
TOTAL FUND EQUITY
TOTAL LIABILITIES AND EQUITY
28,300.03
28,300.03
28,300.03
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:42AM PAGE: 8
REVENUE
20 -30 -100 CONS TRUST (LOTTERY) PROCEEDS
20 -30 -800 INTEREST EARNINGS
20 -30 -999 CARRYOVER BALANCE
TOTAL REVENUE
TOTAL FUND REVENUE
NET REVENUE OVER EXPENDITURES
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
CONSERVATION TRUST FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
1,805.64 3,226.40 5,900.00 2,673.60 54.7
5.66 27.68 60.00 32.32 46.1
25,045.95 25,045.95 26,723.00 1,677.05 93.7
26,857.25 28,300.03 32,683.00 4,382.97 86.6
26,857.25 28,300.03 32,683.00 4,382.97 86.6
26,857.25 28,300.03 32,683.00 4,382.97 86.6
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:42AM PAGE: 9
ASSETS
LIABILITIES AND EQUITY
FUND EQUITY
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
BALANCE SHEET
JUNE 30, 2012
CAPITAL EQUIP REPLACEMENT FUND
30 -10100 CASH COMBINED FUND 545,522.31
TOTAL ASSETS 545,522.31
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES -YTD 545,522.31
BALANCE CURRENT DATE
TOTAL FUND EQUITY
TOTAL LIABILITIES AND EQUITY
545,522.31
545,522.31
545,522.31
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:42AM PAGE: 10
REVENUE
30 -30 -100 HWY USE TAX PROCEEDS
30 -30 -800 INTEREST EARNINGS
30 -30 -900 TRANSFER FROM G/F POLICEDEPT
30 -30 -910 TRANSFER FROM G/F PUBLICWORK
30 -30 -920 TRANSFER FROM UTILITY FUNDS
30 -30 -999 CARRYOVER BALANCE
TOTAL REVENUE
TOTAL FUND REVENUE
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
CAPITAL EQUIP REPLACEMENT FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
4,104.40
84.82
45,000.00
50,000.00
20,000.00
411,752.31
18,353.92
416.08
45,000.00
50,000.00
20,000.00
411,752.31
530,941.53 545,522.31
530,941.53 545,522.31
42,844.00
300.00
45,000.00
50,000.00
20,000.00
408,619.00
24,490.08 42.8
116.08) 138.7
.00 100.0
.00 100.0
.00 100.0
3,133.31) 100.8
566,763.00 21,240.69 96.3
566,763.00 21,240.69 96.3
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:42AM PAGE: 11
EXPENDITURES
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
CAPITAL EQUIP REPLACEMENT FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
30 -40 -745 PUBLIC SAFETY FLEET PURCHASE .00 .00 45,000.00 45,000.00 .0
30 -40 -755 HEAVY EQUIPMENT PURCHASE .00 .00 200,000.00 200,000.00 .0
TOTAL EXPENDITURES .00 .00 245,000.00 245,000.00 .0
TOTAL FUND EXPENDITURES .00 .00 245,000.00 245,000.00 .0
NET REVENUE OVER EXPENDITURES 530,941.53 545,522.31 321,763.00 223,759.31) 169.5
FOR ADMINISTRATION USE ONLY
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:42AM PAGE: 12
ASSETS
LIABILITIES AND EQUITY
FUND EQUITY
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
BALANCE SHEET
JUNE 30, 2012
CAPITAL ASSET FUND
32 -10100 CASH COMBINED FUND 309,359.21
TOTAL ASSETS 309,359.21
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES -YTD 309,359.21
BALANCE CURRENT DATE
TOTAL FUND EQUITY
TOTAL LIABILITIES AND EQUITY
309,359.21
309,359.21
309,359.21
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:42AM PAGE: 13
CAPITAL ASSET REVENUE
32 -30 -800 INTEREST EARNINGS
32 -30 -910 TRANSFER IN FROM GENERAL FUND
32 -30 -940 TRANSFER IN FROM DSF
32 -30 -999 CARRYOVER FUND BALANCE
TOTAL CAPITAL ASSET REVENUE
TOTAL FUND REVENUE
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
CAPITAL ASSET FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
11.30 59.62
75,000.00 75,000.00
175,000.00 175,000.00
59,299.59 59,299.59
309,310.89 309,359.21
309,310.89 309,359.21
50.00 9.62) 119.2
75,000.00 .00 100.0
175,000.00 .00 100.0
61,761.00 2,461.41 96.0
311,811.00 2,451.79 99.2
311,811.00 2,451.79 99.2
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:42AM PAGE: 14
CAPITAL ASSET EXPENDITURES
32 -40 -810 CAPITAL PROJ- STREETS EXISTING
TOTAL CAPITAL ASSET EXPENDITURES
TOTAL FUND EXPENDITURES
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
CAPITAL ASSET FUND
NET REVENUE OVER EXPENDITURES 309,310.89
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
.00 .00 250,000.00 250,000.00 .0
.00 .00 250,000.00 250,000.00 .0
.00 .00 250,000.00 250,000.00 .0
309,359.21 61,811.00 247,548.21) 500.5
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:42AM PAGE: 15
ASSETS
40 -10100 CASH COMBINED FUND 623,914.78
40 -11100 PROPERTY TAXES RECEIVABLE 80,000.00
TOTAL ASSETS 703,914.78
LIABILITIES AND EQUITY
LIABILITIES
40 -22210 DEFERRED PROPERTY TAXES
TOTAL LIABILITIES
FUND EQUITY
40 -27000 RESFUND BAL -1 YEARS PAYMENT 300,000.00
40 -27100 RESTRICTED FUND BALANCE 204,358.00
UNAPPROPRIATED FUND BALANCE:
40 -29800 FUND BALANCE BEGINNING OF YR
REVENUE OVER EXPENDITURES -YTD
BALANCE CURRENT DATE
TOTAL FUND EQUITY
TOTAL LIABILITIES AND EQUITY
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
BALANCE SHEET
JUNE 30, 2012
DEBT SERVICE FUND
29,779.88
89,776.90
80,000.00
119,556.78
80,000.00
623,914.78
703,914.78
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:43AM PAGE: 16
REVENUE
40 -30 -100 PROPERTY TAX
40 -30 -200 SPECIFIC OWNERSHIP TAX
40 -30 -800 INTEREST EARNINGS
40 -30 -910 TRANSFER IN FROM GENERAL FUND
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
DEBT SERVICE FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
9,753.15
295.69
110.27
247,250.00
TOTAL REVENUE 257,409.11
TOTAL FUND REVENUE 257,409.11
62,886.41
1,264.90
688.81
247,250.00
80,000.00
3,000.00
400.00
247,250.00
312,090.12 330,650.00
312,090.12 330,650.00
17,113.59 78.6
1,735.10 42.2
288.81) 172.2
.00 100.0
18,559.88 94.4
18,559.88 94.4
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:43AM PAGE: 17
EXPENDITURES
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
DEBT SERVICE FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
40 -40 -385 TREASURERS FEES GO BOND 195.06 1,257.72 2,000.00 742.28 62.9
40 -40 -810 BOND PRINCIPAL 02 S &U ISSUE .00 20,000.00 20,000.00 .00 100.0
40 -40 -811 BOND PRINCIPAL 98 GO ISSUE .00 .00 40,000.00 40,000.00 .0
40 -40 -812 BOND PRINCIPAL 98 S &U ISSUE .00 155,000.00 155,000.00 .00 100.0
40 -40 -820 BOND INTEREST 02 S &U ISSUE .00 4,988.00 9,476.00 4,488.00 52.6
40 -40 -821 BOND INTEREST 98 GO ISSUE .00 6,987.50 13,976.00 6,988.50 50.0
40 -40 -822 BOND INTEREST 98 S &U ISSUE .00 33,480.00 62,775.00 29,295.00 53.3
40 -40 -850 BOND AGENT FEES .00 600.00 2,500.00 1,900.00 24.0
40 -40 -910 TRANSFER TO DSF RESERVES .00 .00 24,923.00 24,923.00 .0
TOTAL EXPENDITURES 195.06 222,313.22 330,650.00 108,336.78 67.2
TOTAL FUND EXPENDITURES 195.06 222,313.22 330,650.00 108,336.78 67.2
NET REVENUE OVER EXPENDITURES 257,214.05 89,776.90 .00 89,776.90) .0
FOR ADMINISTRATION USE ONLY
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:43AM PAGE: 18
ASSETS
50 -10100 CASH COMBINED FUND 587,407.76
50 -11500 NR CUSTOMER SERVICE CHARGES 160,218.43
50 -11550 NR BILLINGS 25.00
50 -16100 LAND 100,000.00
50 -16200 BUILDINGS 2,915,858.49
50 -16203 WELLS SYSTEM 768,371.74
50 -16212 WATER DISTRIBUTION /STORAGE 9,845,211.82
50 -16213 WELLS 1,063,119.43
50 -16400 EQUIPMENT 239,923.02
50 -16500 WATER RIGHTS 19,775.86
50 -17900 ACCUMULATED DEPRECIATION 3,120,670.67)
TOTAL ASSETS 12,579,240.88
LIABILITIES AND EQUITY
LIABILITIES
50 -21100 ACCRUED PTO AND BENEFITS
TOTAL LIABILITIES
FUND EQUITY
50 -27000 RESFUND BAL 0 M 260,000.00
UNAPPROPRIATED FUND BALANCE:
50 -29800 RETAINED EARNINGS
REVENUE OVER EXPENDITURES -YTD
BALANCE CURRENT DATE
TOTAL FUND EQUITY
TOTAL LIABILITIES AND EQUITY
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
BALANCE SHEET
JUNE 30, 2012
WATER FUND
12,246,833.40
64,586.57
7,820.91
12,311,419.97
7,820.91
12,571,419.97
12,579,240.88
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:43AM PAGE: 19
LICENSES PERMITS
50 -32 -100 EXCAVATION PERMIT FEES .00 .00 200.00 200.00 .0
TOTAL LICENSES PERMITS .00 .00 200.00 200.00 .0
CHARGES FOR SERVICES
50 -34 -100 CUSTOMER SERVICE CHARGES 153,144.00 305,255.50 605,000.00 299,744.50 50.5
50 -34 -150 PENALTIES INTEREST 1,340.32 3,778.16 1,000.00 2,778.16) 377.8
50 -34 -200 PLANT INVESTMENT FEES .00 .00 8,000.00 8,000.00 .0
50 -34 -300 WATER METER SALES .00 260.00 1,000.00 740.00 26.0
TOTAL CHARGES FOR SERVICES 154,484.32 309,293.66 615,000.00 305,706.34 50.3
MISCELLANEOUS REVENUE
50 -36 -100 INTEREST EARNINGS
50 -36 -900 MISCELLANEOUS REVENUE
TOTAL MISCELLANEOUS REVENUE 167.99
OTHER SOURCES TRANSFERS
50 -39 -999 CARRYOVER BALANCE .00 .00 393,020.00 393,020.00 .0
TOTAL OTHER SOURCES TRANSFERS .00 .00 393,020.00 393,020.00 .0
TOTAL FUND REVENUE
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
WATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
122.99
45.00
554.34
625.00
154, 652.31 310, 473.00
300.00
5,000.00
1,179.34 5,300.00
254.34) 184.8
4,375.00 12.5
4,120.66 22.3
1,013,520.00 703,047.00 30.6
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:43AM PAGE: 20
EXPENDITURES
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
WATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
50 -40 -110 SALARIES 13,771.04 76,414.47 170,000.00 93,585.53 45.0
50 -40 -210 HEALTH INSURANCE .00 14,380.82 32,000.00 17,619.18 44.9
50 -40 -220 FICA TAX 987.51 5,332.73 13,005.00 7,672.27 41.0
50 -40 -230 RETIREMENT 439.61 2,839.24 6,800.00 3,960.76 41.8
50 -40 -250 UNEMPLOYMENT TAX 40.26 227.03 510.00 282.97 44.5
50 -40 -280 TRAINING PROGRAMS .00 575.96 3,500.00 2,924.04 16.5
50 -40 -290 TRAVEL, MEALS AND LODGING .00 30.00 3,500.00 3,470.00 .9
50 -40 -295 MEALS AND ENTERTAINMENT .00 .00 2,000.00 2,000.00 .0
50 -40 -310 LEGAL FEES 2,800.00 29,827.99 35,000.00 5,172.01 85.2
50 -40 -330 ENGINEERING FEES 461.00 1,349.00 40,000.00 38,651.00 3.4
50 -40 -360 COMPUTERS NETWORKS AND SUPPORT 294.64 1,057.75 10,000.00 8,942.25 10.6
50 -40 -370 OTHER PROFESSIONAL SERVICES 33.01 723.66 15,000.00 14,276.34 4.8
50 -40 -430 INSURANCE .00 .00 20,000.00 20,000.00 .0
50 -40 -440 ADVERTISING .00 .00 500.00 500.00 .0
50 -40 -460 SYSTEM REPAIR AND MAINT PROD 120.53 963.23 30,000.00 29,036.77 3.2
50 -40 -465 SYSTEM REPAIR AND MAINT DIST 4,205.15 7,194.56 30,000.00 22,805.44 24.0
50 -40 -490 PROFESSIONAL MEMBERSHIPS 90.00 4,760.00 8,000.00 3,240.00 59.5
50 -40 -500 OPERATING SUPPLIES PRODUCTION 1,625.28 4,923.06 30,000.00 25,076.94 16.4
50 -40 -505 OPERATING SUPPLIES DISTRIB 788.52 839.40 25,000.00 24,160.60 3.4
50 -40 -510 EQUIPMENT PURCHASE AND REPAIR .00 .00 5,000.00 5,000.00 .0
50 -40 -520 TESTING .00 96.00 5,000.00 4,904.00 1.9
50 -40 -550 POSTAGE BILLING SUPPLIES .00 830.06 3,500.00 2,669.94 23.7
50 -40 -560 UTILITIES TELEPHONE 245.88 1,342.82 5,500.00 4,157.18 24.4
50 -40 -562 UTILITIES ELECTRICITY 2,495.62 14,747.36 45,000.00 30,252.64 32.8
50 -40 -670 PROP MGMT FRASER WTP .00 .00 6,000.00 6,000.00 .0
50 -40 -680 PROP MGMT MARYVALE WTP 295.84 295.84 6,000.00 5,704.16 4.9
50 -40 -685 PROP MGMT ST. LOUIS HEADGATE 7,135.45 7,135.45 .00 7,135.45) .0
50 -40 -690 MISCELLANEOUS EXPENSE .00 .00 2,000.00 2,000.00 .0
50 -40 -715 WATER RIGHTS DIVERSION DEV .00 .00 235,000.00 235,000.00 .0
50 -40 -730 CAPITAL PROJECTS .00 .00 150,000.00 150,000.00 .0
50 -40 -930 TRANSFER TO CERF 10,000.00 10,000.00 10,000.00 .00 100.0
50 -40 -970 TRANSFER TO O &M RESERVES 60,000.00 60,000.00 60,000.00 .00 100.0
TOTAL EXPENDITURES 105,829.34 245,886.43 1,007,815.00 761,928.57 24.4
TOTAL FUND EXPENDITURES 105,829.34 245,886.43 1,007,815.00 761,928.57 24.4
NET REVENUE OVER EXPENDITURES 48,822.97 64,586.57 5,705.00 58,881.57) 1132.1
FOR ADMINISTRATION USE ONLY
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:43AM PAGE: 21
ASSETS
LIABILITIES AND EQUITY
LIABILITIES
FUND EQUITY
BALANCE CURRENT DATE
TOTAL FUND EQUITY
TOTAL LIABILITIES AND EQUITY
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
BALANCE SHEET
JUNE 30, 2012
WASTEWATER FUND
55 -10100 CASH COMBINED FUND 2,116,485.87
55 -11500 NR CUSTOMER SERVICE CHARGES 162,557.90
55 -11550 NR- BILLINGS 7,105.50
55 -11900 MISCELLANEOUS RECEIVABLES .17)
55 -15950 CAP REPL RES HELD W /JFOC 839,294.00
55 -15955 O &M RESERVE HELD W /JFOC 52,364.00
55 -16100 LAND 144,320.40
55 -16200 SEWER TREATMENT PLANT 3,219,129.79
55 -16210 METER BUILDING IMPROVEMENTS 8,056.39
55 -16220 SEWER COLLECTION SYSTEM 10,768,408.30
55 -16250 CONSOLIDATED COLLECTION SYSTEM 279,069.00
55 -16400 EQUIPMENT 35,489.17
55 -17900 ACCUMULATED DEPRECIATION 637,212.97)
55 -17905 ACCUM DEPR PLANT /JFOC 38,370.80)
55 -17910 ACCUM DEPR SEWER COLLECT -FSD 2,591,354.35)
55 -17915 ACCUM DEPR- EQUIPMENT 35,489.48)
TOTAL ASSETS 14,329,852.55
55 -20210 ACCRUED NP AUDIT 12,600.00
55 -21100 ACCRUED PTO AND BENEFITS 7,689.72
TOTAL LIABILITIES 20,289.72
UNAPPROPRIATED FUND BALANCE:
55 -29800 RETAINED EARNINGS 13,599,201.01
55 -29810 RETAINED EARNINGS UNRESTRICT 53,572.01)
55 -29820 RETAINED EARNINGS RESTRICTED 654,109.00
REVENUE OVER EXPENDITURES -YTD 109,824.83
14,309,562.83
14,309,562.83
14,329,852.55
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:43AM PAGE: 22
CHARGES FOR SERVICES
MISCELLANEOUS REVENUE
55 -36 -100 INTEREST EARNINGS
55 -36 -500 JFOC MANAGEMENT FEE
TOTAL MISCELLANEOUS REVENUE
OTHER SOURCES TRANSFERS
TOTAL FUND REVENUE
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
WASTEWATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
55 -34 -100 CUSTOMER SERVICE CHARGES 151,742.70 302,840.40 604,000.00 301,159.60 50.1
55 -34 -150 PENALTIES INTEREST 67.55 1,427.84 1,000.00 427.84) 142.8
55 -34 -200 PLANT INVESTMENT FEES .00 700.00 7,500.00 6,800.00 9.3
TOTAL CHARGES FOR SERVICES 151,810.25 304,968.24 612,500.00 307,531.76 49.8
438.24
7,105.50
2,138.65
14,211.00
7,543.74 16,349.65 30,420.00
55 -39 -999 CARRYOVER BALANCE .00 .00 2,077,233.00 2,077,233.00 .0
TOTAL OTHER SOURCES TRANSFERS .00 .00 2,077,233.00 2,077,233.00 .0
159,353.99 321,317.89
2,000.00
28,420.00
138.65) 106.9
14,209.00 50.0
14,070.35 53.8
2,720,153.00 2,398,835.11 11.8
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:43AM PAGE: 23
EXPENDITURES
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
WASTEWATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
55 -40 -110 SALARIES 11,947.38 64,570.68 180,000.00 115,429.32 35.9
55 -40 -210 HEALTH INSURANCE .00 10,284.32 30,000.00 19,715.68 34.3
55 -40 -220 FICA TAX 879.54 4,665.22 13,770.00 9,104.78 33.9
55 -40 -230 RETIREMENT 364.54 2,351.59 7,200.00 4,848.41 32.7
55 -40 -250 UNEMPLOYMENT TAX 34.64 190.69 540.00 349.31 35.3
55 -40 -280 TRAINING PROGRAMS .00 .00 2,000.00 2,000.00 .0
55 -40 -290 TRAVEL, MEALS AND LODGING .00 22.32 2,000.00 1,977.68 1.1
55 -40 -295 MEALS AND ENTERTAINMENT .00 25.58 500.00 474.42 5.1
55 -40 -310 LEGAL FEES .00 .00 5,000.00 5,000.00 .0
55 -40 -330 ENGINEERING FEES .00 .00 20,000.00 20,000.00 .0
55 -40 -360 COMPUTERS NETWORKS AND SUPPORT 197.44 960.54 6,000.00 5,039.46 16.0
55 -40 -370 OTHER PROFESSIONAL SERVICES 33.00 3,802.18 10,000.00 6,197.82 38.0
55 -40 -410 BANK CHARGES .00 .00 100.00 100.00 .0
55 -40 -430 INSURANCE .00 .00 5,500.00 5,500.00 .0
55 -40 -460 SYSTEM REPAIR AND MAINT- COLLEC 8,577.85 8,969.80 50,000.00 41,030.20 17.9
55 -40 -490 PROFESSIONAL MEMBERSHIPS .00 5,410.00 6,000.00 590.00 90.2
55 -40 -500 OPERATING SUPPLIES COLLECTIONS .00 182.95 5,000.00 4,817.05 3.7
55 -40 -510 EQUIPMENT PURCHASE AND REPAIR .00 .00 5,500.00 5,500.00 .0
55 -40 -520 TESTING .00 230.00 1,000.00 770.00 23.0
55 -40 -550 POSTAGE BILLING SUPPLIES .00 623.50 2,500.00 1,876.50 24.9
55 -40 -560 UTILITIES TELEPHONE 44.84 135.26 1,500.00 1,364.74 9.0
55 -40 -650 WW TREATMENT CHARGES /JFOC 18,253.02 48,285.43 185,310.00 137,024.57 26.1
55 -40 -660 JFOC CAPREPL RESERVE .00 50,783.00 .00 50,783.00) .0
55 -40 -690 MISCELLANEOUS EXPENSE .00 .00 3,000.00 3,000.00 .0
55 -40 -730 CAPITAL PROJECTS .00 .00 75,000.00 75,000.00 .0
55 -40 -930 TRANSFER TO CERF 10,000.00 10,000.00 10,000.00 .00 100.0
TOTAL EXPENDITURES 50,332.25 211,493.06 627,420.00 415,926.94 33.7
TOTAL FUND EXPENDITURES 50,332.25 211,493.06 627,420.00 415,926.94 33.7
NET REVENUE OVER EXPENDITURES 109,021.74 109,824.83 2,092,733.00 1,982,908.17 5.3
FOR ADMINISTRATION USE ONLY
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:43AM PAGE: 24
ASSETS
TOWN OF FRASER
BALANCE SHEET
JUNE 30, 2012
PETERSEN TRUST
70 -10100 CASH COMBINED FUND 11,559.11
TOTAL ASSETS 11,559.11
LIABILITIES AND EQUITY
FUND EQUITY
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES -YTD 11,559.11
BALANCE CURRENT DATE
TOTAL FUND EQUITY
TOTAL LIABILITIES AND EQUITY
FOR ADMINISTRATION USE ONLY
11,559.11
11,559.11
11,559.11
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:43AM PAGE: 25
REVENUE
70 -30 -800 INTEREST EARNINGS
70 -30 -999 CARRYOVER BALANCE
TOTAL REVENUE
TOTAL FUND REVENUE
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
PETERSEN TRUST
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
2.83
11,582.35
12.76
11,582.35
11,585.18 11,595.11
11,585.18 11,595.11
10.00 2.76) 127.6
12,272.00 689.65 94.4
12,282.00 686.89 94.4
12,282.00 686.89 94.4
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:43AM PAGE: 26
EXPENDITURES
70 -40 -670 PETERSEN TRUST EXP TRAIL
TOTAL EXPENDITURES
TOTAL FUND EXPENDITURES
NET REVENUE OVER EXPENDITURES
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 6 MONTHS ENDING JUNE 30, 2012
PETERSEN TRUST
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
.00
.00
.00 36.00 12,282.00 12,246.00 .3
11,585.18 11,559.11
36.00 12,282.00 12,246.00 .3
36.00 12,282.00 12,246.00 .3
.00 11,559.11) .0
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:43AM PAGE: 27
ASSETS
LIABILITIES AND EQUITY
FUND EQUITY
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
BALANCE SHEET
JUNE 30, 2012
GENERAL FIXED ASSETS
91 -16100 LAND 730,630.35
91 -16200 ADMINISTRATION BUILDING 208,379.39
91 -16203 MAINTENANCE BUILDING 57,722.51
91 -16208 HOUSE 400 DOC SUSIE AVE 54,839.27
91 -16209 VISITOR CENTER 183,895.00
91 -16211 BUSBARN 105 FRASER AVE HOUSE 100,000.00
91 -16250 CHURCH 267,000.00
91 -16306 PARKS 367,800.08
91 -16311 STREET IMPROVEMENTS 3,439,840.00
91 -16312 HIGHWAY 40 PATH 8,872.00
91 -16490 EQUIPMENT OTHER 872,015.00
91 -16500 OFFICE EQUIPMENT 57,261.75
91 -17900 ACCUMULATED DEPRECIATION 2,260,048.61)
TOTAL ASSETS 4,088,206.74
UNAPPROPRIATED FUND BALANCE:
91 -29800 INVESTMENT IN FIXED ASSETS 4,088,206.74
BALANCE CURRENT DATE
TOTAL FUND EQUITY
TOTAL LIABILITIES AND EQUITY
4,088,206.74
4,088,206.74
4,088,206.74
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:43AM PAGE: 28
ASSETS
LIABILITIES AND EQUITY
LIABILITIES
95 -25050 2002 SERIAL BONDS
95 -25060 1998 REVENUE REFUNDING BONDS
95 -25070 1998 GENERAL OBLIGATION BONDS
95 -25200 ACCRUED COMPENSATED ABSENCES
95 -25500 CAPITAL LEASES KOMATSU LOADER
FOR ADMINISTRATION USE ONLY
TOWN OF FRASER
BALANCE SHEET
JUNE 30, 2012
GENERAL LONG -TERM DEBT
95 -18100 AMOUNT TO BE PROVIDED 3,131,161.31
TOTAL ASSETS 3,131,161.31
360,000.00
2,035,000.00
475,000.00
15,677.17
245,484.14
TOTAL LIABILITIES 3,131,161.31
TOTAL LIABILITIES AND EQUITY 3,131,161.31
50 OF THE FISCAL YEAR HAS ELAPSED 07/11/2012 09:43AM PAGE: 29
Planner Update for July 18th, 2012
Grand Park Surety Release:
We are in receipt of a request for a partial reduction in the surety requirement pursuant to the
Subdivision Improvement Agreement (SIA) for The Village at Grand Park Filing 2, Lot 12A
and Tract D.
GP and the Town of Fraser entered into the SIA on August 8, 2011, Reception# 2011005630
to ensure completion of certain infrastructure and site improvements and the SIA provides for
reductions in surety requirements. The SIA and required improvements are included in the
packet.
GP has requested a partial release in surety and Town staff has scheduled an inspection of
th
the improvements for July 17, 2012.
The original performance guarantee for the improvements was $52,2960.00. In accordance
with the Subdivision Regulations, Staff is recommending approval of a reduction to 20% of
the original dollar amount. The Town of Fraser will retain 20% or $10,459.20 through the
warranty period which will begin after preliminary acceptance.
Old Town Business District Sign:
Staff is working with Elizabeth Kurtak on the location and design of the sign that was
discussed at the last Town Board meeting. Included in the packet is a potential location for
such a sign.
Valley VALET:
We welcome a new business to Fraser! Michael Soares is the owner of Valley VALET,
located at the Fraser Marketplace. Valley VALET is bringing retail and commercial dry
cleaning and laundry services to Fraser and is also the site of a neighborhood UHAUL
st
dealer. Join them on July 21 from 10 AM-2PM for a Grand Opening BBQ! See enclosed
flyer and coupon!
Please contact me with questions and/or comments. ctrotter@town.fraser.co.us. Thanks.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PUBLIC WORKS BRIEFING
(As of 7/12/2012 for 7/18 meeting)
WATER~
ATH, the contractor for the flow control diversion structures has had to postpone
th
their start date until July 16 due to the ranchers upstream of the project site are
still irrigating their hay meadows. BPR has indicated that they will be turning off
th
their water on the 15 s that they can begin haying operations the following
week.
Repairing and replacing some well level trending (SCADA) equipment that has
failed on the RV system.
Water main line flushing and fire hydrant and valve exercising operations
continue.
We are addressing some well operating issues in the Rendezvous system.
SANITARY SEWER~
Anderson Services started cleaning and videoing sewer lines in the Willows,
Cozens Meadow and Cozens Pointe areas and are working their way to the
northern areas of town.
STREETS~
start work on the Upper Wapiti Drainage Swale
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project beginning on Wednesday July 18, weather dependant.
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The chip and seal contractor has had to postpone the work until July 17 as their
chip material supplier is having challenges with getting the chips into
same problem, we want to avoid the same issues for this years project.
GARDENER~
SSR Vegetation, contractor for noxious weed management in the public right-of-
ways (ROW) in the Rendezvous subdivision, started his first round application
last week. The second application is slated for sometime in late August.
Cathleen will begin noxious weed spraying in other areas of town (parks and
th
and will continue through the summer in
between cloud bursts and the winds.
OTHER~
With Grand County Stage 2 fire restrictions in place, staff has posted fire ban
notices at all public parks and pavilions and have tagged out all BBQ grills.
Questions? anordin@town.fraser.co.us or 970-531-1844.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
LL
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LL
z
LL
z
LL
z
LL
z
LL
z
L
LL
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LL
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LL
z
INFLUENT FLOWS
UPPER FRASER VALLEY TREATMENT PLANT
Influent GCWS#1WPRTOF
DateDay
MGD Influent Flow Influent Flow Influent Flow
1-Jun-12Fri0.5460.1920.0850.269
2-Jun-12Sat0.5570.1840.0970.276
3-Jun-12Sun0.5630.1850.10.278
4-Jun-12Mon0.5190.1730.0790.267
5-Jun-12Tue0.520.1680.0760.276
6-Jun-12Wed0.5080.1530.1390.216
7-Jun-12Thu0.5280.1550.150.223
8-Jun-12Fri0.5230.1680.1440.211
9-Jun-12Sat0.5430.1790.1570.207
10-Jun-12Sun0.5510.1820.1610.208
11-Jun-12Mon0.5050.1530.1420.21
12-Jun-12Tue0.4840.1530.1420.189
13-Jun-12Wed0.510.1760.1420.192
14-Jun-12Thu0.5160.1710.1430.202
15-Jun-12Fri0.5420.1830.1670.192
16-Jun-12Sat0.5820.1910.1710.22
17-Jun-12Sun0.570.1910.1710.208
18-Jun-12Mon0.5050.1530.1560.196
19-Jun-12Tue0.4810.1370.1550.189
20-Jun-12Wed0.4920.1580.1540.18
21-Jun-12Thu0.4830.2360.1530.094
22-Jun-12Fri0.5140.1710.1590.184
23-Jun-12Sat0.5580.2210.1870.15
24-Jun-12Sun0.5560.220.1810.155
25-Jun-12Mon0.5020.1910.1510.16
26-Jun-12Tue0.4860.1820.1620.142
27-Jun-12Wed0.5020.1910.1610.15
28-Jun-12Thu0.5120.1920.1560.164
29-Jun-12Fri0.5570.2110.1770.169
30-Jun-12Sat0.6380.2560.1990.183
AVG.0.5280.1830.1470.199
MAX0.6380.2560.1990.278
MIN0.4810.1370.0760.094
AVGMAX
TOF
GCWS
Totals
Note: to change year, input correct start date in cell B6 of DMR
sheet
Effluent Effluent Effluent Nitrite
Influent
--
Ammonia
Nitrate (NO)(NO)
Effluent pH
DateDayAmmonia
32
mg/Lmg/Lmg/L
mg/L
12/25/2011Sun6.81
12/26/2011Mon6.850.7800
12/27/2011Tue6.69
12/28/2011Wed6.731.4800
12/29/2011Thu6.75
12/30/2011Fri6.69
12/31/2011Sat6.65
1/1/2012Sun6.67
1/2/2012Mon6.80
1/3/2012Tue6.810.56503.43000.5200
1/4/2012Wed6.890.09432.85000.4250
1/5/2012Thu6.79
1/6/2012Fri6.84
1/7/2012Sat6.81
1/8/2012Sun6.85
1/9/2012Mon6.840.52108.66000.1580
1/10/2012Tue6.84
1/11/2012Wed6.830.10348.14000.0370
1/12/2012Thu6.97
1/13/2012Fri6.81
1/14/2012Sat6.77
1/15/2012Sun6.73
1/16/2012Mon6.791.447014.80000.4900
1/17/2012Tue7.04
1/18/2012Wed7.030.19438.57000.0600
1/19/2012Thu7.20
1/20/2012Fri7.07
1/21/2012Sat7.08
1/22/2012Sun7.02
1/23/2012Mon6.841.180014.00000.2640
1/24/2012Tue6.95
1/25/2012Wed6.940.06108.87000.0220
1/26/2012Thu6.91
1/27/2012Fri6.86
1/28/2012Sat6.86
1/29/2012Sun6.78
1/30/2012Mon6.870.941013.80000.2570
1/31/2012Tue6.90
2/1/2012Wed6.940.06309.24000.0150
2/2/2012Thu6.98
2/3/2012Fri6.93
2/4/2012Sat6.89
2/5/2012Sun6.84
2/6/2012Mon6.840.053010.10000.0070
2/7/2012Tue7.05
2/8/2012Wed7.010.04408.22000.0060
2/9/2012Thu6.98
2/10/2012Fri7.06
2/11/2012Sat6.98
2/12/2012Sun6.89
2/13/2012Mon6.870.903012.90000.1830
2/14/2012Tue7.28
2/15/2012Wed7.040.04105.50000.0060
2/16/2012Thu6.96
2/17/2012Fri7.02
2/18/2012Sat6.90
2/19/2012Sun6.77
2/20/2012Mon6.82
2/21/2012Tue6.851.10009.70000.5100
2/22/2012Wed6.87
2/23/2012Thu6.840.11003.90000.0500
2/24/2012Fri6.94
2/25/2012Sat7.00
2/26/2012Sun6.93
2/27/2012Mon6.930.9100
2/28/2012Tue6.89
2/29/2012Wed6.840.09005.50000.0260
3/1/2012Thu7.00
3/2/2012Fri7.09
3/3/2012Sat6.84
3/4/2012Sun6.77
3/5/2012Mon7.030.700011.00000.3300
3/6/2012Tue6.78
3/7/2012Wed6.940.17004.30000.2400
3/8/2012Thu6.83
3/9/2012Fri6.79
3/10/2012Sat6.81
3/11/2012Sun6.78
3/12/2012Mon6.730.2300
3/13/2012Tue6.817.20000.4500
3/14/2012Wed6.760.1000
3/15/2012Thu6.714.30000.5700
3/16/2012Fri6.75
3/17/2012Sat6.55
3/18/2012Sun6.62
3/19/2012Mon6.581.10003.70000.5000
3/20/2012Tue6.71
3/21/2012Wed6.620.30006.20000.2200
3/22/2012Thu6.76
3/23/2012Fri6.66
3/24/2012Sat6.61
3/25/2012Sun6.62
3/26/2012Mon6.58
3/27/2012Tue6.670.33005.30000.3100
3/28/2012Wed6.75
3/29/2012Thu6.780.23005.90000.1400
3/30/2012Fri6.68
3/31/2012Sat6.65
4/1/2012Sun6.67
4/2/2012Mon6.90
4/3/2012Tue6.760.1000
4/4/2012Wed6.92
4/5/2012Thu6.870.0900
4/6/2012Fri6.82
4/7/2012Sat6.87
4/8/2012Sun7.10
4/9/2012Mon7.03
4/10/2012Tue6.900.0900
4/11/2012Wed6.94
4/12/2012Thu6.900.1600
4/13/2012Fri6.95
4/14/2012Sat6.88
4/15/2012Sun6.88
4/16/2012Mon6.97
4/17/2012Tue6.880.1200
4/18/2012Wed6.96
4/19/2012Thu7.010.0900
4/20/2012Fri6.95
4/21/2012Sat6.89
4/22/2012Sun6.85
4/23/2012Mon6.93
4/24/2012Tue7.030.0900
4/25/2012Wed6.97
4/26/2012Thu7.010.0900
4/27/2012Fri7.00
4/28/2012Sat6.90
4/29/2012Sun6.89
4/30/2012Mon7.04
5/1/2012Tue6.990.10009.50000.0110
5/2/2012Wed6.99
5/3/2012Thu6.940.090010.00000.0100
5/4/2012Fri7.06
5/5/2012Sat6.98
5/6/2012Sun6.95
5/7/2012Mon7.02
5/8/2012Tue7.040.12009.90000.0100
5/9/2012Wed7.00
5/10/2012Thu7.000.110010.80000.0100
5/11/2012Fri7.04
5/12/2012Sat6.91
5/13/2012Sun6.90
5/14/2012Mon6.94
5/15/2012Tue7.010.380011.50000.0100
5/16/2012Wed6.95
5/17/2012Thu6.900.090011.60000.0100
5/18/2012Fri6.92
5/19/2012Sat6.89
5/20/2012Sun6.86
5/21/2012Mon6.86
5/22/2012Tue6.990.130011.60000.0140
5/23/2012Wed6.93
5/24/2012Thu6.850.100010.60000.0310
5/25/2012Fri6.85
5/26/2012Sat6.79
5/27/2012Sun6.72
5/28/2012Mon6.79
5/29/2012Tue6.916.80007.40000.2800
5/30/2012Wed6.81
5/31/2012Thu6.820.09006.10000.1300
6/1/2012Fri
6/2/2012Sat
6/3/2012Sun
6/4/2012Mon
6/5/2012Tue
6/6/2012Wed
6/7/2012Thu
6/8/2012Fri
6/9/2012Sat
6/10/2012Sun
6/11/2012Mon
6/12/2012Tue
6/13/2012Wed
6/14/2012Thu
6/15/2012Fri
6/16/2012Sat
6/17/2012Sun
6/18/2012Mon
6/19/2012Tue
6/20/2012Wed
6/21/2012Thu
6/22/2012Fri
6/23/2012Sat
6/24/2012Sun
6/25/2012Mon
6/26/2012Tue
6/27/2012Wed
6/28/2012Thu
6/29/2012Fri
6/30/2012Sat
7/1/2012Sun
7/2/2012Mon
7/3/2012Tue
7/4/2012Wed
7/5/2012Thu
7/6/2012Fri
7/7/2012Sat
7/8/2012Sun
7/9/2012Mon
7/10/2012Tue
7/11/2012Wed
7/12/2012Thu
7/13/2012Fri
7/14/2012Sat
7/15/2012Sun
7/16/2012Mon
7/17/2012Tue
7/18/2012Wed
7/19/2012Thu
7/20/2012Fri
7/21/2012Sat
7/22/2012Sun
7/23/2012Mon
7/24/2012Tue
7/25/2012Wed
7/26/2012Thu
7/27/2012Fri
7/28/2012Sat
7/29/2012Sun
7/30/2012Mon
7/31/2012Tue
8/1/2012Wed
8/2/2012Thu
8/3/2012Fri
8/4/2012Sat
8/5/2012Sun
8/6/2012Mon
8/7/2012Tue
8/8/2012Wed
8/9/2012Thu
8/10/2012Fri
8/11/2012Sat
8/12/2012Sun
8/13/2012Mon
8/14/2012Tue
8/15/2012Wed
8/16/2012Thu
8/17/2012Fri
8/18/2012Sat
8/19/2012Sun
8/20/2012Mon
8/21/2012Tue
8/22/2012Wed
8/23/2012Thu
8/24/2012Fri
8/25/2012Sat
8/26/2012Sun
8/27/2012Mon
8/28/2012Tue
8/29/2012Wed
8/30/2012Thu
8/31/2012Fri
9/1/2012Sat
9/2/2012Sun
9/3/2012Mon
9/4/2012Tue
9/5/2012Wed
9/6/2012Thu
9/7/2012Fri
9/8/2012Sat
9/9/2012Sun
9/10/2012Mon
9/11/2012Tue
9/12/2012Wed
9/13/2012Thu
9/14/2012Fri
9/15/2012Sat
9/16/2012Sun
9/17/2012Mon
9/18/2012Tue
9/19/2012Wed
9/20/2012Thu
9/21/2012Fri
9/22/2012Sat
9/23/2012Sun
9/24/2012Mon
9/25/2012Tue
9/26/2012Wed
9/27/2012Thu
9/28/2012Fri
9/29/2012Sat
9/30/2012Sun
10/1/2012Mon
10/2/2012Tue
10/3/2012Wed
10/4/2012Thu
10/5/2012Fri
10/6/2012Sat
10/7/2012Sun
10/8/2012Mon
10/9/2012Tue
10/10/2012Wed
10/11/2012Thu
10/12/2012Fri
10/13/2012Sat
10/14/2012Sun
10/15/2012Mon
10/16/2012Tue
10/17/2012Wed
10/18/2012Thu
10/19/2012Fri
10/20/2012Sat
10/21/2012Sun
10/22/2012Mon
10/23/2012Tue
10/24/2012Wed
10/25/2012Thu
10/26/2012Fri
10/27/2012Sat
10/28/2012Sun
10/29/2012Mon
10/30/2012Tue
10/31/2012Wed
11/1/2012Thu
11/2/2012Fri
11/3/2012Sat
11/4/2012Sun
11/5/2012Mon
11/6/2012Tue
11/7/2012Wed
11/8/2012Thu
11/9/2012Fri
11/10/2012Sat
11/11/2012Sun
11/12/2012Mon
11/13/2012Tue
11/14/2012Wed
11/15/2012Thu
11/16/2012Fri
11/17/2012Sat
11/18/2012Sun
11/19/2012Mon
11/20/2012Tue
11/21/2012Wed
11/22/2012Thu
11/23/2012Fri
11/24/2012Sat
11/25/2012Sun
11/26/2012Mon
11/27/2012Tue
11/28/2012Wed
11/29/2012Thu
11/30/2012Fri
12/1/2012Sat
12/2/2012Sun
12/3/2012Mon
12/4/2012Tue
12/5/2012Wed
12/6/2012Thu
12/7/2012Fri
12/8/2012Sat
12/9/2012Sun
12/10/2012Mon
12/11/2012Tue
12/12/2012Wed
12/13/2012Thu
12/14/2012Fri
12/15/2012Sat
12/16/2012Sun
12/17/2012Mon
12/18/2012Tue
12/19/2012Wed
12/20/2012Thu
12/21/2012Fri
12/22/2012Sat
12/23/2012Sun
12/24/2012Mon
12/25/2012Tue
12/26/2012Wed
12/27/2012Thu
12/28/2012Fri
12/29/2012Sat
12/30/2012Sun
12/31/2012Mon
1/1/2013Tue
1/2/2013Wed
1/3/2013Thu
Effluent
TIN
mg/L
0.00000
0.78000
0.00000
1.48000
Previous Year's 30
0.00000Day Averages
0.00000AmmoniaTIN
0.00000mg/Lmg/L
0.000000January1.20
0.000000February1.16
4.515000March0.87
3.369300April0.19
0.000000May0.06
0.000000June0.08
0.000000July0.24
0.000000August0.26
9.339000September0.39
0.000000October0.19
8.280400November0.40
0.000000December0.71
0.000000
0.000000
0.000000
16.737000
0.000000
8.824300
0.000000
0.000000
0.000000
0.000000
15.444000
0.000000
8.953000
0.000000
0.000000
0.000000
0.000000
14.998000
0.000000
9.318000
0.000000
0.000000
0.000000
0.000000
10.160000
0.000000
8.270000
0.000000
0.000000
0.000000
0.000000
13.986000
0.000000
5.547000
0.000000
0.000000
0.000000
0.000000
0.000000
11.310000
0.000000
4.060000
0.000000
0.000000
0.000000
0.910000
0.000000
5.616000
0.000000
0.000000
0.000000
0.000000
12.030000
0.000000
4.710000
0.000000
0.000000
0.000000
0.000000
0.230000
7.650000
0.100000
4.870000
0.000000
0.000000
0.000000
5.300000
0.000000
6.720000
0.000000
0.000000
0.000000
0.000000
0.000000
5.940000
0.000000
6.270000
0.000000
0.000000
0.000000
0.000000
0.100000
0.000000
0.090000
0.000000
0.000000
0.000000
0.000000
0.090000
0.000000
0.160000
0.000000
0.000000
0.000000
0.000000
0.120000
0.000000
0.090000
0.000000
0.000000
0.000000
0.000000
0.090000
0.000000
0.090000
0.000000
0.000000
0.000000
0.000000
9.611000
0.000000
10.100000
0.000000
0.000000
0.000000
0.000000
10.030000
0.000000
10.920000
0.000000
0.000000
0.000000
0.000000
11.890000
0.000000
11.700000
0.000000
0.000000
0.000000
0.000000
11.744000
0.000000
10.731000
0.000000
0.000000
0.000000
0.000000
14.480000
0.000000
6.320000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.000000
0.00000
0.00000
0.00000
Note: to change year, input correct start date in cell B6
of DMR sheet
Influent FlowEffluent Flow
DateDay
MGDMGD
12/25/20110.6480.6441
Sun
12/26/2011Mon0.720.7131
12/27/2011Tue0.7640.761
12/28/2011Wed0.8250.8111
12/29/2011Thu0.8310.821
12/30/2011Fri0.8530.8931
12/31/2011Sat0.8780.8791
sun1/1/2012Sun0.7710.7621
mon1/2/2012Mon0.6830.6781
tue1/3/2012Tue0.5540.5461
wed1/4/2012Wed0.4950.4881
thu1/5/2012Thu0.5040.5561
fri1/6/2012Fri0.5390.5291
sat1/7/2012Sat0.5880.5721
1/8/2012Sun0.5120.521
1/9/2012Mon0.4220.4411
1/10/2012Tue0.4260.4261
1/11/2012Wed0.4130.4221
1/12/2012Thu0.4610.461
1/13/2012Fri0.5080.5581
1/14/2012Sat0.6410.6241
1/15/2012Sun0.6540.6331
1/16/2012Mon0.5010.5031
1/17/2012Tue0.4270.4851
1/18/2012Wed0.430.4211
1/19/2012Thu0.430.4211
1/20/2012Fri0.4980.5361
1/21/2012Sat0.6150.6061
1/22/2012Sun0.5660.5681
1/23/2012Mon0.4450.4911
1/24/2012Tue0.4070.4091
1/25/2012Wed0.410.4061
1/26/2012Thu0.4390.4371
1/27/2012Fri0.5250.5741
1/28/2012Sat0.6640.6561
1/29/2012Sun0.6460.6351
1/30/2012Mon0.5410.5311
1/31/2012Tue0.4970.4911
2/1/2012Wed0.4890.481
2/2/2012Thu0.520.5081
2/3/2012Fri0.5770.571
2/4/2012Sat0.6310.6311
2/5/2012Sun0.5840.651
2/6/2012Mon0.4980.51
2/7/2012Tue0.4750.481
2/8/2012Wed0.480.471
2/9/2012Thu0.4970.491
2/10/2012Fri0.5960.581
2/11/2012Sat0.7230.7121
2/12/2012Sun0.6750.671
2/13/2012Mon0.510.511
2/14/2012Tue0.5060.51
2/15/2012Wed0.4820.481
2/16/2012Thu0.5120.521
2/17/2012Fri0.6420.641
2/18/2012Sat0.7750.771
2/19/2012Sun0.7930.791
2/20/2012Mon0.6360.651
2/21/2012Tue0.5210.521
2/22/2012Wed0.5180.521
2/23/2012Thu0.5040.391
2/24/2012Fri0.5850.4421
2/25/2012Sat0.6870.5481
2/26/2012Sun0.6160.5491
2/27/2012Mon0.4980.4771
2/28/2012Tue0.4410.4491
2/29/2012Wed0.4320.4281
3/1/2012Thu0.4380.4451
3/2/2012Fri0.5490.5531
3/3/2012Sat0.6680.6711
3/4/2012Sun0.6220.6201
3/5/2012Mon0.5030.4981
3/6/2012Tue0.5220.5571
3/7/2012Wed0.4840.5121
3/8/2012Thu0.5040.5501
3/9/2012Fri0.5690.5601
3/10/2012Sat0.6800.6801
3/11/2012Sun0.7090.6961
3/12/2012Mon0.6880.6801
3/13/2012Tue0.7650.7601
3/14/2012Wed0.7950.8301
3/15/2012Thu0.7910.7901
3/16/2012Fri0.8910.8801
3/17/2012Sat0.9840.9801
3/18/2012Sun0.9880.9901
3/19/2012Mon0.8170.8181
3/20/2012Tue0.7510.8101
3/21/2012Wed0.7390.7301
3/22/2012Thu0.8410.8701
3/23/2012Fri0.9890.9801
3/24/2012Sat1.0781.0751
3/25/2012Sun1.0841.0801
3/26/2012Mon1.0211.0201
3/27/2012Tue0.9830.9801
3/28/2012Wed0.9700.9701
3/29/2012Thu0.8590.8901
3/30/2012Fri0.8810.9401
3/31/2012Sat0.8960.8901
4/1/2012Sun0.8250.8251
4/2/2012Mon0.7060.7401
4/3/2012Tue0.6820.6771
4/4/2012Wed0.6640.7071
4/5/2012Thu0.6540.6511
4/6/2012Fri0.6580.6761
4/7/2012Sat0.6280.6261
4/8/2012Sun0.5850.5811
4/9/2012Mon0.5400.5861
4/10/2012Tue0.5250.5611
4/11/2012Wed0.5230.5801
4/12/2012Thu0.5220.5261
4/13/2012Fri0.5480.5951
4/14/2012Sat0.5850.5921
4/15/2012Sun0.6020.6031
4/16/2012Mon0.5660.6111
4/17/2012Tue0.6110.6051
4/18/2012Wed0.6080.6071
4/19/2012Thu0.6060.6081
4/20/2012Fri0.6050.6561
4/21/2012Sat0.6130.6121
4/22/2012Sun0.5720.5721
4/23/2012Mon0.5400.5461
4/24/2012Tue0.5200.5781
4/25/2012Wed0.4970.5431
4/26/2012Thu0.5050.5141
4/27/2012Fri0.5180.5841
4/28/2012Sat0.5260.5231
4/29/2012Sun0.5140.5141
4/30/2012Mon0.4940.5171
5/1/2012Tue0.4880.4891
5/2/2012Wed0.4760.4801
5/3/2012Thu0.4510.5001
5/4/2012Fri0.4460.5151
5/5/2012Sat0.4560.4621
5/6/2012Sun0.5070.5091
5/7/2012Mon0.4930.5421
5/8/2012Tue0.4540.4581
5/9/2012Wed0.4530.5171
5/10/2012Thu0.4470.5131
5/11/2012Fri0.4560.5011
5/12/2012Sat0.4830.4861
5/13/2012Sun0.4920.4961
5/14/2012Mon0.4870.4891
5/15/2012Tue0.4570.4621
5/16/2012Wed0.4730.4811
5/17/2012Thu0.4540.4621
5/18/2012Fri0.4570.4651
5/19/2012Sat0.5150.5221
5/20/2012Sun0.5110.5131
5/21/2012Mon0.4880.4941
5/22/2012Tue0.4940.5021
5/23/2012Wed0.5590.5701
5/24/2012Thu0.6730.6781
5/25/2012Fri0.6220.6291
5/26/2012Sat0.6430.6531
5/27/2012Sun0.6500.6541
5/28/2012Mon0.6020.6061
5/29/2012Tue0.5420.5451
5/30/2012Wed0.5320.5301
5/31/2012Thu0.5340.5301
6/1/2012Fri1
6/2/2012Sat1
6/3/2012Sun1
6/4/2012Mon1
6/5/2012Tue1
6/6/2012Wed1
6/7/2012Thu1
6/8/2012Fri1
6/9/2012Sat1
6/10/2012Sun1
6/11/2012Mon1
6/12/2012Tue1
6/13/2012Wed1
6/14/2012Thu1
6/15/2012Fri1
6/16/2012Sat1
6/17/2012Sun1
6/18/2012Mon1
6/19/2012Tue1
6/20/2012Wed1
6/21/2012Thu1
6/22/2012Fri1
6/23/2012Sat1
6/24/2012Sun1
6/25/2012Mon1
6/26/2012Tue1
6/27/2012Wed1
6/28/2012Thu1
6/29/2012Fri1
6/30/2012Sat1
7/1/2012Sun1
7/2/2012Mon1
7/3/2012Tue1
7/4/2012Wed1
7/5/2012Thu1
7/6/2012Fri1
7/7/2012Sat1
7/8/2012Sun1
7/9/2012Mon1
7/10/2012Tue1
7/11/2012Wed1
7/12/2012Thu1
7/13/2012Fri1
7/14/2012Sat1
7/15/2012Sun1
7/16/2012Mon1
7/17/2012Tue1
7/18/2012Wed1
7/19/2012Thu1
7/20/2012Fri1
7/21/2012Sat1
7/22/2012Sun1
7/23/2012Mon1
7/24/2012Tue1
7/25/2012Wed1
7/26/2012Thu1
7/27/2012Fri1
7/28/2012Sat1
7/29/2012Sun1
7/30/2012Mon1
7/31/2012Tue1
8/1/2012Wed1
8/2/2012Thu1
8/3/2012Fri1
8/4/2012Sat1
8/5/2012Sun1
8/6/2012Mon1
8/7/2012Tue1
8/8/2012Wed1
8/9/2012Thu1
8/10/2012Fri1
8/11/2012Sat1
8/12/2012Sun1
8/13/2012Mon1
8/14/2012Tue1
8/15/2012Wed1
8/16/2012Thu1
8/17/2012Fri1
8/18/2012Sat1
8/19/2012Sun1
8/20/2012Mon1
8/21/2012Tue1
8/22/2012Wed1
8/23/2012Thu1
8/24/2012Fri1
8/25/2012Sat1
8/26/2012Sun1
8/27/2012Mon1
8/28/2012Tue1
8/29/2012Wed1
8/30/2012Thu1
8/31/2012Fri1
9/1/2012Sat1
9/2/2012Sun1
9/3/2012Mon1
9/4/2012Tue1
9/5/2012Wed1
9/6/2012Thu1
9/7/2012Fri1
9/8/2012Sat1
9/9/2012Sun1
9/10/2012Mon1
9/11/2012Tue1
9/12/2012Wed1
9/13/2012Thu1
9/14/2012Fri1
9/15/2012Sat1
9/16/2012Sun1
9/17/2012Mon1
9/18/2012Tue1
9/19/2012Wed1
9/20/2012Thu1
9/21/2012Fri1
9/22/2012Sat1
9/23/2012Sun1
9/24/2012Mon1
9/25/2012Tue1
9/26/2012Wed1
9/27/2012Thu1
9/28/2012Fri1
9/29/2012Sat1
9/30/2012Sun1
10/1/2012Mon1
10/2/2012Tue1
10/3/2012Wed1
10/4/2012Thu1
10/5/2012Fri1
10/6/2012Sat1
10/7/2012Sun1
10/8/2012Mon1
10/9/2012Tue1
10/10/2012Wed1
10/11/2012Thu1
10/12/2012Fri1
10/13/2012Sat1
10/14/2012Sun1
10/15/2012Mon1
10/16/2012Tue1
10/17/2012Wed1
10/18/2012Thu1
10/19/2012Fri1
10/20/2012Sat1
10/21/2012Sun1
10/22/2012Mon1
10/23/2012Tue1
10/24/2012Wed1
10/25/2012Thu1
10/26/2012Fri1
10/27/2012Sat1
10/28/2012Sun1
10/29/2012Mon1
10/30/2012Tue1
10/31/2012Wed1
11/1/2012Thu1
11/2/2012Fri1
11/3/2012Sat1
11/4/2012Sun1
11/5/2012Mon1
11/6/2012Tue1
11/7/2012Wed1
11/8/2012Thu1
11/9/2012Fri1
11/10/2012Sat1
11/11/2012Sun1
11/12/2012Mon1
11/13/2012Tue1
11/14/2012Wed1
11/15/2012Thu1
11/16/2012Fri1
11/17/2012Sat1
11/18/2012Sun1
11/19/2012Mon1
11/20/2012Tue1
11/21/2012Wed1
11/22/2012Thu1
11/23/2012Fri1
11/24/2012Sat1
11/25/2012Sun1
11/26/2012Mon1
11/27/2012Tue1
11/28/2012Wed1
11/29/2012Thu1
11/30/2012Fri1
12/1/2012Sat1
12/2/2012Sun1
12/3/2012Mon1
12/4/2012Tue1
12/5/2012Wed1
12/6/2012Thu1
12/7/2012Fri1
12/8/2012Sat1
12/9/2012Sun1
12/10/2012Mon1
12/11/2012Tue1
12/12/2012Wed1
12/13/2012Thu1
12/14/2012Fri1
12/15/2012Sat1
12/16/2012Sun1
12/17/2012Mon1
12/18/2012Tue1
12/19/2012Wed1
12/20/2012Thu1
12/21/2012Fri1
12/22/2012Sat1
12/23/2012Sun1
12/24/2012Mon1
12/25/2012Tue1
12/26/2012Wed1
12/27/2012Thu1
12/28/2012Fri1
12/29/2012Sat1
12/30/2012Sun1
12/31/2012Mon1
1/1/2013Tue1
1/2/2013Wed1
1/3/2013Thu1
Note: to change year, input correct start date
in cell B6 of DMR sheet
Influent BODEffluent BODInflue
55
DateDay
mg/L7 Day Avg lbs/day7 Day Avg mg/L7 Day Avg mg/L
mg/Llbs/daymg/L
12/25/2011Sun0.00
12/26/2011Mon32819700.00297
12/27/2011Tue0.00
12/28/2011Wed33022710.00335
12/29/2011Thu0.00
12/30/2011Fri0.00
12/31/2011Sat32921200.00
1/1/2012Sun0.00
1/2/2012Mon0.00
1/3/2012Tue30414055.150.00318
1/4/2012Wed26310864.430.00199
1/5/2012Thu0.00
1/6/2012Fri0.00
1/7/2012Sat28412454.79
1/8/2012Sun0.00
1/9/2012Mon2799823.670.00282
1/10/2012Tue0.00
1/11/2012Wed2468473.060.00193
1/12/2012Thu0.00
1/13/2012Fri0.00
1/14/2012Sat2639153.37
1/15/2012Sun0.00
1/16/2012Mon30612793.930.00321
1/17/2012Tue0.00
1/18/2012Wed2217932.870.00205
1/19/2012Thu0.00
1/20/2012Fri0.00
1/21/2012Sat26410363.40
1/22/2012Sun0.00
1/23/2012Mon28910733.620.00277
1/24/2012Tue0.00
1/25/2012Wed2197492.080.00215
1/26/2012Thu0.00
1/27/2012Fri0.00
1/28/2012Sat2549112.85
1/29/2012Sun0.00
1/30/2012Mon26912142.920.00258
1/31/2012Tue0.00
2/1/2012Wed1887671.980.00174
2/2/2012Thu0.00
2/3/2012Fri0.00
2/4/2012Sat2299902.45
2/5/2012Sun0.00
2/6/2012Mon28111671.590.00252
2/7/2012Tue0.00
2/8/2012Wed1877492.930.00165
2/9/2012Thu0.00
2/10/2012Fri0.00
2/11/2012Sat2349582.26
2/12/2012Sun0.00
2/13/2012Mon25911023.330.00271
2/14/2012Tue0.00
2/15/2012Wed1957842.500.00235
2/16/2012Thu0.00
2/17/2012Fri0.00
2/18/2012Sat2279432.92
2/19/2012Sun0.00
2/20/2012Mon0.00
2/21/2012Tue29012604.100.00310
2/22/2012Wed0.00
2/23/2012Thu2219292.400.00236
2/24/2012Fri0.00
2/25/2012Sat25610953.25
2/26/2012Sun0.00
2/27/2012Mon26911172.500.00260
2/28/2012Tue0.00
2/29/2012Wed2258112.600.00256
3/1/2012Thu0.00
3/2/2012Fri0.00
3/3/2012Sat2479642.55
3/4/2012Sun0.00
3/5/2012Mon30112634.100.00325
3/6/2012Tue0.00
3/7/2012Wed1867513.000.00255
3/8/2012Thu0.00
3/9/2012Fri0.00
3/10/2012Sat24410073.55
3/11/2012Sun0.00
3/12/2012Mon0.00
3/13/2012Tue19712573.900.00236
3/14/2012Wed0.00
3/15/2012Thu18412143.300.00228
3/16/2012Fri0.00
3/17/2012Sat19112353.60
3/18/2012Sun0.00
3/19/2012Mon171116527.300.00196
3/20/2012Tue0.00
3/21/2012Wed1177215.000.00192
3/22/2012Thu0.00
3/23/2012Fri0.00
3/24/2012Sat14494316.15
3/25/2012Sun0.00
3/26/2012Mon0.00
3/27/2012Tue12610333.800.00168
3/28/2012Wed0.00
3/29/2012Thu1228742.000.00123
3/30/2012Fri0.00
3/31/2012Sat1249532.90
4/1/2012Sun0.00
4/2/2012Mon0.00
4/3/2012Tue1277223.800.00156
4/4/2012Wed0.00
4/5/2012Thu1367425.800.00144
4/6/2012Fri0.00
4/7/2012Sat1327324.80
4/8/2012Sun0.00
4/9/2012Mon0.00
4/10/2012Tue1647182.900.00184
4/11/2012Wed0.00
4/12/2012Thu0.00153
4/13/2012Fri0.00
4/14/2012Sat1647182.90
4/15/2012Sun0.00
4/16/2012Mon0.00
4/17/2012Tue1055353.000.00168
4/18/2012Wed0.00
4/19/2012Thu1286474.400.00193
4/20/2012Fri0.00
4/21/2012Sat1175913.70
4/22/2012Sun0.00
4/23/2012Mon0.00
4/24/2012Tue1124862.400.00187
4/25/2012Wed0.00
4/26/2012Thu1184972.400.00147
4/27/2012Fri0.00
4/28/2012Sat1154912.40
4/29/2012Sun0.00
4/30/2012Mon0.00
5/1/2012Tue1706920.900.00188
5/2/2012Wed0.00
5/3/2012Thu1214551.600.00140
5/4/2012Fri0.00
5/5/2012Sat1465741.25
5/6/2012Sun0.00
5/7/2012Mon0.00
5/8/2012Tue1053980.800.00136
5/9/2012Wed0.00
5/10/2012Thu1144252.900.00140
5/11/2012Fri0.00
5/12/2012Sat1104111.85
5/13/2012Sun0.00
5/14/2012Mon0.00
5/15/2012Tue11744610.000.00172
5/16/2012Wed0.00
5/17/2012Thu1094131.400.00148
5/18/2012Fri0.00
5/19/2012Sat1134295.70
5/20/2012Sun0.00
5/21/2012Mon0.00
5/22/2012Tue963961.700.00172
5/23/2012Wed0.00
5/24/2012Thu1257021.500.00196
5/25/2012Fri0.00
5/26/2012Sat1115491.60
5/27/2012Sun0.00
5/28/2012Mon0.00
5/29/2012Tue1577104.000.00172
5/30/2012Wed0.00
5/31/2012Thu1305792.300.00136
6/1/2012Fri0.00
6/2/2012Sat1446443.15
6/3/2012Sun0.00
6/4/2012Mon0.00
6/5/2012Tue0.00
6/6/2012Wed0.00
6/7/2012Thu0.00
6/8/2012Fri0.00
6/9/2012Sat0.00
6/10/2012Sun0.00
6/11/2012Mon0.00
6/12/2012Tue0.00
6/13/2012Wed0.00
6/14/2012Thu0.00
6/15/2012Fri0.00
6/16/2012Sat0.00
6/17/2012Sun0.00
6/18/2012Mon0.00
6/19/2012Tue0.00
6/20/2012Wed0.00
6/21/2012Thu0.00
6/22/2012Fri0.00
6/23/2012Sat0.00
6/24/2012Sun0.00
6/25/2012Mon0.00
6/26/2012Tue0.00
6/27/2012Wed0.00
6/28/2012Thu0.00
6/29/2012Fri0.00
6/30/2012Sat0.00
7/1/2012Sun0.00
7/2/2012Mon0.00
7/3/2012Tue0.00
7/4/2012Wed0.00
7/5/2012Thu0.00
7/6/2012Fri0.00
7/7/2012Sat0.00
7/8/2012Sun0.00
7/9/2012Mon0.00
7/10/2012Tue0.00
7/11/2012Wed0.00
7/12/2012Thu0.00
7/13/2012Fri0.00
7/14/2012Sat0.00
7/15/2012Sun0.00
7/16/2012Mon0.00
7/17/2012Tue0.00
7/18/2012Wed0.00
7/19/2012Thu0.00
7/20/2012Fri0.00
7/21/2012Sat0.00
7/22/2012Sun0.00
7/23/2012Mon0.00
7/24/2012Tue0.00
7/25/2012Wed0.00
7/26/2012Thu0.00
7/27/2012Fri0.00
7/28/2012Sat0.00
7/29/2012Sun0.00
7/30/2012Mon0.00
7/31/2012Tue0.00
8/1/2012Wed0.00
8/2/2012Thu0.00
8/3/2012Fri0.00
8/4/2012Sat0.00
8/5/2012Sun0.00
8/6/2012Mon0.00
8/7/2012Tue0.00
8/8/2012Wed0.00
8/9/2012Thu0.00
8/10/2012Fri0.00
8/11/2012Sat0.00
8/12/2012Sun0.00
8/13/2012Mon0.00
8/14/2012Tue0.00
8/15/2012Wed0.00
8/16/2012Thu0.00
8/17/2012Fri0.00
8/18/2012Sat0.00
8/19/2012Sun0.00
8/20/2012Mon0.00
8/21/2012Tue0.00
8/22/2012Wed0.00
8/23/2012Thu0.00
8/24/2012Fri0.00
8/25/2012Sat0.00
8/26/2012Sun0.00
8/27/2012Mon0.00
8/28/2012Tue0.00
8/29/2012Wed0.00
8/30/2012Thu0.00
8/31/2012Fri0.00
9/1/2012Sat0.00
9/2/2012Sun0.00
9/3/2012Mon0.00
9/4/2012Tue0.00
9/5/2012Wed0.00
9/6/2012Thu0.00
9/7/2012Fri0.00
9/8/2012Sat0.00
9/9/2012Sun0.00
9/10/2012Mon0.00
9/11/2012Tue0.00
9/12/2012Wed0.00
9/13/2012Thu0.00
9/14/2012Fri0.00
9/15/2012Sat0.00
9/16/2012Sun0.00
9/17/2012Mon0.00
9/18/2012Tue0.00
9/19/2012Wed0.00
9/20/2012Thu0.00
9/21/2012Fri0.00
9/22/2012Sat0.00
9/23/2012Sun0.00
9/24/2012Mon0.00
9/25/2012Tue0.00
9/26/2012Wed0.00
9/27/2012Thu0.00
9/28/2012Fri0.00
9/29/2012Sat0.00
9/30/2012Sun0.00
10/1/2012Mon0.00
10/2/2012Tue0.00
10/3/2012Wed0.00
10/4/2012Thu0.00
10/5/2012Fri0.00
10/6/2012Sat0.00
10/7/2012Sun0.00
10/8/2012Mon0.00
10/9/2012Tue0.00
10/10/2012Wed0.00
10/11/2012Thu0.00
10/12/2012Fri0.00
10/13/2012Sat0.00
10/14/2012Sun0.00
10/15/2012Mon0.00
10/16/2012Tue0.00
10/17/2012Wed0.00
10/18/2012Thu0.00
10/19/2012Fri0.00
10/20/2012Sat0.00
10/21/2012Sun0.00
10/22/2012Mon0.00
10/23/2012Tue0.00
10/24/2012Wed0.00
10/25/2012Thu0.00
10/26/2012Fri0.00
10/27/2012Sat0.00
10/28/2012Sun0.00
10/29/2012Mon0.00
10/30/2012Tue0.00
10/31/2012Wed0.00
11/1/2012Thu0.00
11/2/2012Fri0.00
11/3/2012Sat0.00
11/4/2012Sun0.00
11/5/2012Mon0.00
11/6/2012Tue0.00
11/7/2012Wed0.00
11/8/2012Thu0.00
11/9/2012Fri0.00
11/10/2012Sat0.00
11/11/2012Sun0.00
11/12/2012Mon0.00
11/13/2012Tue0.00
11/14/2012Wed0.00
11/15/2012Thu0.00
11/16/2012Fri0.00
11/17/2012Sat0.00
11/18/2012Sun0.00
11/19/2012Mon0.00
11/20/2012Tue0.00
11/21/2012Wed0.00
11/22/2012Thu0.00
11/23/2012Fri0.00
11/24/2012Sat0.00
11/25/2012Sun0.00
11/26/2012Mon0.00
11/27/2012Tue0.00
11/28/2012Wed0.00
11/29/2012Thu0.00
11/30/2012Fri0.00
12/1/2012Sat0.00
12/2/2012Sun0.00
12/3/2012Mon0.00
12/4/2012Tue0.00
12/5/2012Wed0.00
12/6/2012Thu0.00
12/7/2012Fri0.00
12/8/2012Sat0.00
12/9/2012Sun0.00
12/10/2012Mon0.00
12/11/2012Tue0.00
12/12/2012Wed0.00
12/13/2012Thu0.00
12/14/2012Fri0.00
12/15/2012Sat0.00
12/16/2012Sun0.00
12/17/2012Mon0.00
12/18/2012Tue0.00
12/19/2012Wed0.00
12/20/2012Thu0.00
12/21/2012Fri0.00
12/22/2012Sat0.00
12/23/2012Sun0.00
12/24/2012Mon0.00
12/25/2012Tue0.00
12/26/2012Wed0.00
12/27/2012Thu0.00
12/28/2012Fri0.00
12/29/2012Sat0.00
12/30/2012Sun0.00
12/31/2012Mon0.00
1/1/2013Tue0.00
1/2/2013Wed0.00
1/3/2013Thu0.00
ent TSSEffluent TSS
7 Day Avg mg/L7 Day Avg
mg/L
mg/L
00.0000
05.00.0000
00.0000
07.40.0000
00.0000
00.0000
3166.2000
00.0000
00.0000
04.40.0000
05.00.0000
00.0000
00.0000
2594.7000
00.0000
03.60.0000
00.0000
05.20.0000
00.0000
00.0000
2384.4000
00.0000
04.20.0000
00.0000
04.00.0000
00.0000
00.0000
2634.1000
00.0000
04.40.0000
00.0000
02.40.0000
00.0000
00.0000
2463.4000
00.0000
03.60.0000
00.0000
02.40.0000
00.0000
00.0000
2163.0000
00.0000
01.40.0000
00.0000
01.20.0000
00.0000
00.0000
2091.3000
00.0000
03.20.0000
00.0000
02.80.0000
00.0000
00.0000
2533.0000
00.0000
00.0000
00.50.0000
00.0000
02.50.0000
00.0000
2731.5000
00.0000
02.50.0000
00.0000
01.50.0000
00.0000
00.0000
2582.0000
00.0000
02.50.0000
00.0000
02.50.0000
00.0000
00.0000
2902.5000
00.0000
00.0000
02.50.0000
00.0000
02.50.0000
00.0000
2322.5000
00.0000
046.00.0000
00.0000
02.50.0000
00.0000
00.0000
19424.3000
00.0000
00.0000
02.00.0000
00.0000
00.70.0000
00.0000
1461.3000
00.0000
00.0000
02.00.0000
00.0000
00.00.0000
00.0000
1501.0000
00.0000
00.0000
02.80.0000
00.0000
05.00.0000
00.0000
1693.9000
00.0000
00.0000
00.00.0000
00.0000
01.50.0000
00.0000
1810.8000
00.0000
00.0000
03.50.0000
00.0000
04.70.0000
00.0000
1674.1000
00.0000
00.0000
06.00.0000
00.0000
02.00.0000
00.0000
1644.0000
00.0000
00.0000
02.50.0000
00.0000
06.00.0000
00.0000
1384.3000
00.0000
00.0000
06.70.0000
00.0000
03.00.0000
00.0000
1604.9000
00.0000
00.0000
08.00.0000
00.0000
04.70.0000
00.0000
1846.4000
00.0000
00.0000
04.00.0000
00.0000
03.60.0000
00.0000
1543.8000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
00.0000
Note: to change year, input correct start date
in cell B6 of DMR sheet
Effluent E. Coli
DateDay
mg/L7 Day Avg
mg/L
12/25/2011Sun00
12/26/2011Mon100
12/27/2011Tue00
12/28/2011Wed600
12/29/2011Thu00
12/30/2011Fri00
12/31/2011Sat20
1/1/2012Sun00
1/2/2012Mon00
1/3/2012Tue100
1/4/2012Wed100
1/5/2012Thu00
1/6/2012Fri00
1/7/2012Sat10
1/8/2012Sun00
1/9/2012Mon100
1/10/2012Tue00
1/11/2012Wed100
1/12/2012Thu00
1/13/2012Fri00
1/14/2012Sat10
1/15/2012Sun00
1/16/2012Mon200
1/17/2012Tue00
1/18/2012Wed700
1/19/2012Thu00
1/20/2012Fri00
1/21/2012Sat40
1/22/2012Sun00
1/23/2012Mon100
1/24/2012Tue00
1/25/2012Wed100
1/26/2012Thu00
1/27/2012Fri00
1/28/2012Sat10
1/29/2012Sun00
1/30/2012Mon100
1/31/2012Tue00
2/1/2012Wed100
2/2/2012Thu00
2/3/2012Fri00
2/4/2012Sat10
2/5/2012Sun00
2/6/2012Mon100
2/7/2012Tue00
2/8/2012Wed100
2/9/2012Thu00
2/10/2012Fri00
2/11/2012Sat10
2/12/2012Sun00
2/13/2012Mon100
2/14/2012Tue00
2/15/2012Wed100
2/16/2012Thu00
2/17/2012Fri00
2/18/2012Sat10
2/19/2012Sun00
2/20/2012Mon00
2/21/2012Tue100
2/22/2012Wed00
2/23/2012Thu100
2/24/2012Fri00
2/25/2012Sat10
2/26/2012Sun00
2/27/2012Mon300
2/28/2012Tue00
2/29/2012Wed100
3/1/2012Thu00
3/2/2012Fri00
3/3/2012Sat20
3/4/2012Sun00
3/5/2012Mon100
3/6/2012Tue00
3/7/2012Wed100
3/8/2012Thu00
3/9/2012Fri00
3/10/2012Sat10
3/11/2012Sun00
3/12/2012Mon00
3/13/2012Tue200
3/14/2012Wed00
3/15/2012Thu400
3/16/2012Fri00
3/17/2012Sat30
3/18/2012Sun00
3/19/2012Mon400
3/20/2012Tue00
3/21/2012Wed200
3/22/2012Thu00
3/23/2012Fri00
3/24/2012Sat30
3/25/2012Sun00
3/26/2012Mon00
3/27/2012Tue100
3/28/2012Wed00
3/29/2012Thu100
3/30/2012Fri00
3/31/2012Sat10
4/1/2012Sun00
4/2/2012Mon00
4/3/2012Tue100
4/4/2012Wed00
4/5/2012Thu100
4/6/2012Fri00
4/7/2012Sat10
4/8/2012Sun00
4/9/2012Mon00
4/10/2012Tue100
4/11/2012Wed00
4/12/2012Thu100
4/13/2012Fri00
4/14/2012Sat10
4/15/2012Sun00
4/16/2012Mon00
4/17/2012Tue100
4/18/2012Wed00
4/19/2012Thu100
4/20/2012Fri00
4/21/2012Sat10
4/22/2012Sun00
4/23/2012Mon00
4/24/2012Tue100
4/25/2012Wed00
4/26/2012Thu100
4/27/2012Fri00
4/28/2012Sat10
4/29/2012Sun00
4/30/2012Mon00
5/1/2012Tue100
5/2/2012Wed00
5/3/2012Thu100
5/4/2012Fri00
5/5/2012Sat10
5/6/2012Sun00
5/7/2012Mon00
5/8/2012Tue100
5/9/2012Wed00
5/10/2012Thu100
5/11/2012Fri00
5/12/2012Sat10
5/13/2012Sun00
5/14/2012Mon00
5/15/2012Tue100
5/16/2012Wed00
5/17/2012Thu100
5/18/2012Fri00
5/19/2012Sat10
5/20/2012Sun00
5/21/2012Mon00
5/22/2012Tue100
5/23/2012Wed00
5/24/2012Thu100
5/25/2012Fri00
5/26/2012Sat10
5/27/2012Sun00
5/28/2012Mon00
5/29/2012Tue100
5/30/2012Wed00
5/31/2012Thu100
6/1/2012Fri00
6/2/2012Sat10
6/3/2012Sun00
6/4/2012Mon00
6/5/2012Tue00
6/6/2012Wed00
6/7/2012Thu00
6/8/2012Fri00
6/9/2012Sat00
6/10/2012Sun00
6/11/2012Mon00
6/12/2012Tue00
6/13/2012Wed00
6/14/2012Thu00
6/15/2012Fri00
6/16/2012Sat00
6/17/2012Sun00
6/18/2012Mon00
6/19/2012Tue00
6/20/2012Wed00
6/21/2012Thu00
6/22/2012Fri00
6/23/2012Sat00
6/24/2012Sun00
6/25/2012Mon00
6/26/2012Tue00
6/27/2012Wed00
6/28/2012Thu00
6/29/2012Fri00
6/30/2012Sat00
7/1/2012Sun00
7/2/2012Mon00
7/3/2012Tue00
7/4/2012Wed00
7/5/2012Thu00
7/6/2012Fri00
7/7/2012Sat00
7/8/2012Sun00
7/9/2012Mon00
7/10/2012Tue00
7/11/2012Wed00
7/12/2012Thu00
7/13/2012Fri00
7/14/2012Sat00
7/15/2012Sun00
7/16/2012Mon00
7/17/2012Tue00
7/18/2012Wed00
7/19/2012Thu00
7/20/2012Fri00
7/21/2012Sat00
7/22/2012Sun00
7/23/2012Mon00
7/24/2012Tue00
7/25/2012Wed00
7/26/2012Thu00
7/27/2012Fri00
7/28/2012Sat00
7/29/2012Sun00
7/30/2012Mon00
7/31/2012Tue00
8/1/2012Wed00
8/2/2012Thu00
8/3/2012Fri00
8/4/2012Sat00
8/5/2012Sun00
8/6/2012Mon00
8/7/2012Tue00
8/8/2012Wed00
8/9/2012Thu00
8/10/2012Fri00
8/11/2012Sat00
8/12/2012Sun00
8/13/2012Mon00
8/14/2012Tue00
8/15/2012Wed00
8/16/2012Thu00
8/17/2012Fri00
8/18/2012Sat00
8/19/2012Sun00
8/20/2012Mon00
8/21/2012Tue00
8/22/2012Wed00
8/23/2012Thu00
8/24/2012Fri00
8/25/2012Sat00
8/26/2012Sun00
8/27/2012Mon00
8/28/2012Tue00
8/29/2012Wed00
8/30/2012Thu00
8/31/2012Fri00
9/1/2012Sat00
9/2/2012Sun00
9/3/2012Mon00
9/4/2012Tue00
9/5/2012Wed00
9/6/2012Thu00
9/7/2012Fri00
9/8/2012Sat00
9/9/2012Sun00
9/10/2012Mon00
9/11/2012Tue00
9/12/2012Wed00
9/13/2012Thu00
9/14/2012Fri00
9/15/2012Sat00
9/16/2012Sun00
9/17/2012Mon00
9/18/2012Tue00
9/19/2012Wed00
9/20/2012Thu00
9/21/2012Fri00
9/22/2012Sat00
9/23/2012Sun00
9/24/2012Mon00
9/25/2012Tue00
9/26/2012Wed00
9/27/2012Thu00
9/28/2012Fri00
9/29/2012Sat00
9/30/2012Sun00
10/1/2012Mon00
10/2/2012Tue00
10/3/2012Wed00
10/4/2012Thu00
10/5/2012Fri00
10/6/2012Sat00
10/7/2012Sun00
10/8/2012Mon00
10/9/2012Tue00
10/10/2012Wed00
10/11/2012Thu00
10/12/2012Fri00
10/13/2012Sat00
10/14/2012Sun00
10/15/2012Mon00
10/16/2012Tue00
10/17/2012Wed00
10/18/2012Thu00
10/19/2012Fri00
10/20/2012Sat00
10/21/2012Sun00
10/22/2012Mon00
10/23/2012Tue00
10/24/2012Wed00
10/25/2012Thu00
10/26/2012Fri00
10/27/2012Sat00
10/28/2012Sun00
10/29/2012Mon00
10/30/2012Tue00
10/31/2012Wed00
11/1/2012Thu00
11/2/2012Fri00
11/3/2012Sat00
11/4/2012Sun00
11/5/2012Mon00
11/6/2012Tue00
11/7/2012Wed00
11/8/2012Thu00
11/9/2012Fri00
11/10/2012Sat00
11/11/2012Sun00
11/12/2012Mon00
11/13/2012Tue00
11/14/2012Wed00
11/15/2012Thu00
11/16/2012Fri00
11/17/2012Sat00
11/18/2012Sun00
11/19/2012Mon00
11/20/2012Tue00
11/21/2012Wed00
11/22/2012Thu00
11/23/2012Fri00
11/24/2012Sat00
11/25/2012Sun00
11/26/2012Mon00
11/27/2012Tue00
11/28/2012Wed00
11/29/2012Thu00
11/30/2012Fri00
12/1/2012Sat00
12/2/2012Sun00
12/3/2012Mon00
12/4/2012Tue00
12/5/2012Wed00
12/6/2012Thu00
12/7/2012Fri00
12/8/2012Sat00
12/9/2012Sun00
12/10/2012Mon00
12/11/2012Tue00
12/12/2012Wed00
12/13/2012Thu00
12/14/2012Fri00
12/15/2012Sat00
12/16/2012Sun00
12/17/2012Mon00
12/18/2012Tue00
12/19/2012Wed00
12/20/2012Thu00
12/21/2012Fri00
12/22/2012Sat00
12/23/2012Sun00
12/24/2012Mon00
12/25/2012Tue00
12/26/2012Wed00
12/27/2012Thu00
12/28/2012Fri00
12/29/2012Sat00
12/30/2012Sun00
12/31/2012Mon00
1/1/2013Tue00
1/2/2013Wed00
1/3/2013Thu00
Upper Fraser Valley W/W Plant
Update for July 2012
SBR(Sequencing Batch Reactor)–We are and have been putting together a plan
for the improvementsto this treatment process. Those improvements include a
check valve in the tank, new aeration system, different mixers,anewtype of
decanteralong with a cover to hold heat in the basin.
Chemical Building –Plant Engineer, JimMcLaughlin,has been working on the
construction plans for the building for some time,awaiting approval from the
Health Dept. Wehave received the approvaltomove forward.
Landscape –Around the plant site, we have been removing dead treesand
repairing the irrigation system.Erosioncontrol measures around our discharge
pipehave been installedafter moving it at the request of the Health Dept.
Treatment Plant –Staff has been performing more water testingin-house,
including E-coliandCOD (Chemical Oxygen Demand) on both the influent and
effluent. Theplant passed the latest WETtest (whole effluent toxicity) which is
completedonce aquarter or four times a year. Our new permit is now in effect
and requires that weincrease testing for metals.
C line –We inspected theC sewer line for infiltration problems and blockages
andfound some manholes that are leaking and alsoremoved a number of rocks
that found their way into the pipe.
As always,please call if there are any questions.
Thanks, Joe
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491fax 970-726-5518
www.frasercolorado.com
FRASER/WINTER PARK
POLICE DEPARTMENT
Memo
To:
Winter Park Town Council, Fraser Board of Trustees
From:
Glen Trainor, Chief of Police
Date:
July 10, 2012
Re:
June, 2012 Monthly Report
In June, the Police Department responded to a total of 126 calls for service, with 69 of those
occurring in Winter Park and 42 occurring in Fraser. Additionally, 20 citations were issued in
Winter Park and 12 were issued in Fraser.
The major calls for service during the month were as follows:
Criminal driving violations 5
Theft 4
Drug violations 3
Controlled Substance Arrest (Felony) 1
Child Abuse allegation 1
Death Investigation 1
In June, we received a grant for approximately $1,500 to purchase first aid supplies for our
emergency response personnel. We also received an additional $1,500 in grant funds for
reimbursement for our training ammunition.
If you have any questions, please do not hesitate to contact me.
1
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July 13, 2012
To: Mayor, Peggy Smith and Fraser's Town Council
Dear Mayor Smith and elected Trustees,
I own the copyright on the "Western Heritage Exhibit" and I have not granted Fraser or anyone \a�G
else in the world the right to publish any of the "intellectual property' associated with it. This includes
the image of every piece of artwork in the exhibit as well as the authorship of all written material
associated with the exhibit.
recently discovered, when looking up Fraser's Web page on the world -wide Internet, that
Fraser's web page included access to a published display of my artwork and also written information
associated with each sculpture displayed. This constitutes plagiarisms of the first order and it is
worsened by the fact that the town's web page does not even acknowledge the authorship of this
exhibit.
I have also since discovered that others are also publishing /utilizing images of my artwork on
their web pages as logos for personal identity. I insist now that you order your web page designer to
immediately remove all vestiges of my intellectual property from the town's Internet web page. It may
be necessary for me to seek legal action against any or who violate my copyright through publication of
any image and /or written copy associated with the copyright which covers my entire exhibit and its
principal written body of work. The penalties for such infringement carries federally defined fines of
$250,000 dollars for each violation and Fraser, itself, has committed a boatload of them on its web
pages. I have no idea how long that material has been posted (published) on Internet but even one hour
is far too long. I am creating a very attractive, informative, interactive web page on the exhibit in the
near future which will consistently be updated. Fraser will certainly be invited to link to it if you so wish.
My need to call up the town's web page was carried out so as to gather the names of all elected
town board members and this was triggered by my need to officially give notice to the town board
about the deplorable lack of reservation being afforded my "hand sculpted, Bulldogger" sculpture in
the rear section, and also the lack of presence of the "Cougar on Rock" wood sculpture which was
missing from its pedestal in the front section when I last visited Fraser. I expect that by now the town
has returned my "Cougar" to where it belongs, and that the town will hereafter exercise common
courtesy in notifying me when anything (pertaining to the exhibit) is needed or being considered (such
as possible logical reasons for temporarily removing it. As a rule, all preservation work on the last two
wood sculptures must be performed on site. Those rules were stated governing the exhibit's presence. I
expect that the town has since placed the cougar back on its pedestal and has performed serious
preservation work on the rotting Bulldogger.
Such things make it very apparent to me that Fraser's current elected trustees lack knowledge
about the history surrounding the exhibit's creation; and s Fraser's request to permanently host it in
Colorado, conditional to adequate preservation and protection. Every stipulation placed on Fraser in
conjunction with the exhibit's potential placement, were the same in every community whose leaders
lobbied me to choose their city as the permanent °home base' for the exhibit. The benefits in seeking my
exhibit vastly outnumbered the responsibilities in doing so, even before it was in place due to the 'free'
state, national, and foreign publicity it would garner because of the exhibit's message/topic which lies at
the core of its existence. Magazine and newspaper feature stories began appearing along with extensive
television news coverage on Channel 9 in Denver. One magazine, published by the regional electric
cooperative association, maiied its centerfold feature story about the exhibit in Fraser, Colorado, into
every home and business in five western states. 1 wili include copies of several such magazine (format)
feature stories with this letter/notice and will also include them with the historical resume I am drafting
about the exhibit's creation. I will attempt to mail that comprehensive history to Fraser's mayor within
two weeks of your receiving this letter/notice.
It is apparent to me that the present town council members does not have a clue about how this
exhibit took form because if you did, I wouldn't have had to write this letter to inform you that I will
relocate the exhibit to another location in Colorado rather than see it go to Hell in Fraser. For instance:
pU"*=�="��na*.�/r elected trustees know received gift from
n�-
th�����onfrn|nc"dn specifically help Fraser the infrastructure
rpn�pp"�,"""=",~"
Colorado,
|�di�|��o�b��is����e����a��x�������or���
possible the exhibit's Interpretive Center and I am now asking/requiring that it now be returned to that V�
status. The state not the habit helping purchase land and buildings ultimately earmarked
principally for rental income for the town; which in this case is the twelve year of occupancy by a
CC
property rnanagement (rental) firm. That gift was the result of Colorado wanting my "Western He Qac
Exhibit"' to be permanently located, and maintained, in Colorado. That beautiful log structure would not
be there, on the exhibit site, if it were not for my exhibit's principal subject and artwork.
1 also need to inform you now that 1 will soon be putting the exhibit's 'traveling component' into
action. I am referring to the indoor display of my master bronze models and life-size, hand carved, "Jim
Bridger" sculpture which I placed (on display) within the exhibit's Interpretive Center prior to the town's
displacement of them when it rented the Center's to a property management (rental) firm. x
It was always my intention to display the exhibit's 'traveling component' in the exhibit's
lnterpretive Center for education purposes when it 15 not on tour around the U.S. and possibly foreign
nations. Such tours will generate news coverage (feature stories) in every city it is displayed in (in
conjunction with publication of the exhibit's central thesis/report in book form. It is the exhibit's specific
subject which has made the exhibit so newsworthy to magazines, newspapers, and TV stations such as
Channel 9 in Denver.
As to permitted (pubiished) usage of intellectua! property: You need to know that 1 did grant, in
writing (at the request of Fraser) the right to publish limited images of my "Indian and Eagle" sculpture
on stationary and envelopes which pertain to the exhibit, and Fraser having been granted the sought-
after privilege of permanently hosting it Colorado. VVhatFrayercannotdoboti|ize,ny"|ndian&Eag|e
image for any purpose that does not pertain directly to the exhibit's permanent home in Fraser. In other
words: Fraser could not adopt that image/sketch to serve as the town's logo. The fact that Fraser's town
board asked my written permission at all in stationary pertaining to the exhibit proves that Fraser's
elected trustees were/are aware of copyright restrictions on the exhibits images and written material.
In conclusion here and in light of my recent discoveries as to the town's deplorable
maintenance/preservation efforts of the sculptures in the exhibit's rear section; and in light of the
town's lack of effort in completion of river-rock lining around the existing sculpture pedestals of the
"BuUdoggerand7he Rancher(which have been mounted in place for over a dozen years); It needs to
be a matter of record that am also very upset about the fractured, crumbling, concrete platform under
"The Rancher" and also finding my "Cougar on Rock" wood sculpture missing for its location in the front
section, like missing front teeth in someone's mouth; there has also been no sign of reinstatement of
the Interpretive Center to its intended 'on site' usage (where nothing was to be placed on the exhibit
site to compete wlth or divert attentiori awav from the exhibit).
I have suggestions on how the exhibit site could be staffed without adding significant costs to
Fraser's or the Chamber's payroll and this will be outlined in the historical resume I am preparing for the
present and future town boards. I ask that this letter and the upcoming historical profile be placed on
file in the town records so that such problems never surface again in the next 500 years. That may sound
presumptuous but it is not!; unless Fraser chooses, now, to forgo its agreed to responsibilities so that 1
will receive no flack for re-locating it to another location in Colorado where its physical integrity will be
honored within Colorado. I owe Colorado, 'big time', for donating $90,000 dollars toward construction
of infrastructure on the exhibit site. If I have to leave Fraser, I think that both 1, and the State of
Colorado, would wish I could somehow take the exhibit center with me.
I hope to have the historical resume mailed to you within two weeks of your receiving this
letter. It is very important/critical that you individually read that historical record prior to taking any
official action on my requests other than to immediately do a professional job of restoring my
"Bulldogger" wood sculpture to its near original condition. It says a lot that I or my assigned should have
to demand such a thing, given thatsuchvvorkvvasaQreedtoinseekinQtheexhibit'sp(acennentinFnaser.
It's also important that you do not make a public issue of my complaints now as that would force me to
go public and contact TV journalists, nation-wide. The depiction of such things on television would place
Fraser in a very embarrassing position. I want to stay in Fraser but you have got to want it enough to do
what needs to be done without being hammered over the head.
I also intend to mail a pre-publication copy of the exhibit's central subject in book form to you
(the town board) for comment prior to its official publication. Your comments, criticisms, and a•ccolades
will be appreciated and would no doubt make the exhibit's written body of work that much better. By
the same token: I want all of my present criticisms of board actions (or lack, thereof) to be taken very
seriously. want the exhibit to represent a win-win for the exhibit, the State of Colorado, and the Town
of Fraser. But you also need to clearly understand that unless Fraser functions in a reasonable,
conscientious, and legal manner with respect to the exhibit, I will take whatever actions are necessary to
relocate it in order to preserve it! If 1 were ever to receive a nasty, disrespectful letter from Fraser like
the one that Fraser's town manager wrote, or something akin to the town's web page's plagiarisms and
lack of acknowledgement as to the exhibit's authorship, there would be hell to pay in terms of publicity,
public relations,
and copyright infringement.
I remind you again that I will be picking -up the exhibit's traveling component the end of August.
Please have everything together so that can be accomplished in an expeditious manner; and look for the 0
mailed historical resume within several weeks. There is much to be researched in that regard.
Onward upwards, Jim Hoy,
Postscript:
Please have any necessary phone calls an'd /or correspondence between the Town of Fraser
and myself limited to Fraser's mayor. This is due to the previous, abrupt, and nonsensical letter which I
received from the town manager some time ago, demanding custody of personal property which I own.
The town board needs to know that that cryptic note included a demand for the immediate mailing of
my key to gain access to my hand carved 'piggy -bank which was used in the Interpretive /Welcome
Center (at the request of town employees), to meet the repetitive requests of exhibit visitors who
wanted to leave a small token of appreciation (usually in the form of small change and dollar bills) to
help defray some of the major expenses and the labor that was necessary in hand carving the life -sized
wood sculptures. Those nickels, dimes, quarters and paper dollars apparently gave tourists a sense of
ownership in the exhibit's purpose.
I n addition to demanding my key, the town's manager also alleged, in the second sentence of a
two sentence note, that he and /or the town council would no longer have anything further to do with
me. I mailed him the key without comment, but be assured that I will be taking re- possession of my key
again, along with my hand carved piggy -bank which needs to be ready when I pick up the exhibit's
'traveling component' at the end of August (this year).
d(-
Until I am satisfied that Fraser's town board is going to take care of its responsibilities in
properly hosting the exhibit, I will deal only with the town's Mayor. Following a reasonable completion
of discussions, pro and con, I will gladly meet any inquiries from any elected town board member. But
for right now: Be aware that any contact with me from any other person, employee, or legal
representative, will force me to have the town deal thereafter with my representative who will be a
copyright attorney. I do not want that to happen! So please; have only the mayor contact me, acting v
officially on behalf of the town board. I can be reached at my cell phone at (520) 850 4221. It will benefit
the town council to read the historical profile on the exhibit before acting on or reacting to my
disappointments recorded herein. I will, however, expect an answer to the complaints I am registering
before mid August due to the time lines I am working with in publishing the exhibit's complete central
purpose in being, in book form. 1 am obviously angry about a lot of things that have taken place and /or
about things which have not taken place. Be assured that I will not allow the (my) exhibit to rot like the
"Bulldogger" sculpture which I observed during my last visit.
ebali e'v
17Lt
AGREEMENT
THIS' AGREEMENT .is made and entered into by and between the
TOWN OF FRASER, COLORADO "Fraser and JIM HOY "Hoy
WHEREAS, Fraser desires to obtain from Hoy a collection of
Wooden and Bronze Sculptures depicting the history of the West;
AND WHEREAS, Fraser and Hoy desire to confirm their
understanding and agreement concerning the acquisition, display
and disposition of such Sculptures, as in this Agreement
provided.
NOW THEREFORE, in consideration of the premises in the
mutual promises and covenants herein set forth, Fraser and Hoy
agree as follows;
(1) Hoy agrees to create at least twenty (20) "larger than
life" wooden sculptures depicting the history of the West (the
"Wooden Sculptures to be donated to Fraser, including those
Wooden Sculptures previously completed and transferred to Fraser.
Hoy agrees to complete on the average two -such'Wooden Sculptures
per year until at least twenty (20) such Sculptures have been
completed and donated to Fraser, If more than two sculptures are
completed in any one year, the surplus number will be credited to
the next year. In any case, all twenty sculptures shall be
completed and delivered to Fraser by January 1, 2001.
(2) Fraser agrees to use reasonable efforts to solicit
public or private foundations to purchase such Wooden Sculptures
from Hoy and donate them to Fraser. Hoy agrees to sell said
Wooden Sculptures at a price not to exceed Five Thousand Dollars
($6,000.00) each, to such public or private foundations solicited
by Fraser which agree to donate said Sculptures to Fraser.
Fraser shall not be liable in the event it is unable to arrange
for such public or private foundations as purchasers for such
Wooden Sculptures. If, for any reason, no public or private
foundation has agreed to purchase a particular Wooden Sculpture
prior to the completion thereof, Hoy agrees to donate the same•
directly to Fraser without cost.
(3) Fraser agrees to erect and display the Wooden
Sculptures donated to it in Fraser's walk through history park
and visitor center located in the Town of Fraser (the "Town
Park per the attached listing of the sculptures. Fraser
reserves the right to approve any changes in the list of
sculptures to be donated. Fraser agrees to maintain such Wooden
Sculptures on display so long as the walk- through history park
exists, except for any Sculptures lost, stolen or damaged through
casualty or ordinary wear and tear.
(4) Hoy further agrees to create at least twenty (20)
bronze small -scale replicas of the Wooden Sculptures (the "Bronze
Sculptures Hoy agrees to donate each such Bronze Sculpture
directly to Fraser upon completion thereof.
(5) The parties agree that the Bronze Sculptures shall be
displayed at the Town Park, or Fraser may loan the same to the
Colorado Tourism Board, the Grand County Historical Association,
or other similar entities, for purposes of temporary display at
other locations. Fraser shall not be responsible for any such
Bronze Sculptures that may be lost, stolen or damaged through
casualty or ordinary wear and tear.
(6) Ownership of each Wooden and Bronze Sculpture covered
by this Agreement shall pass from Hoy to Fraser upon completion
and delivery of the same to Fraser. Hoy shall have no
responsibility or liability for the use of any such Wooden or
Bronze Sculpture after it has been completed and delivered to
Fraser,
(7) Fraser agrees that, for a period of one hundred (100)
years from and after the delivery of each Wooden or Bronze
Sculpture covered by this Agreement, Fraser shall not sell or
otherwise transfer title to such Sculpture except as provided in
this Paragraph 7. If Fraser desires to sell any such Sculpture
during said one hundred (100) year period, it agrees to donate
one hundred percent (100) of the proceeds of such sale to
"Horizons" or another charitable organization approved by Hoy or
.his estate, to the extent Fraser may legally do so. During such
one hundred (100) year period, Fraser shall also have the right
to transfer any such Sculpture directly to "Horizons" or another
charitable organization approved by Hoy or his estate, to the
extent Fraser may legally do so. It is the intent of the
parties, as reflected by the provisions of this Paragraph 7, that
the Wooden and Bronze Sculptures be maintained in a single
collection, to the extent practical, and that any disposition of
such Sculptures by Fraser be for the benefit of a charitable
organization, as provided herein.
(8) Hoy than retain the copyright to all of the Wooden and
Bronze Sculptures covered by this Agreement. Hoy hereby grants
to Fraser a nonexclusive license to use said copyright for
purposes of displaying said Sculptures and for purposes of making
and using photographs and other reproductions and facsimiles of
said Sculptures for use in connection with Fraser's public
relations, marketing, promotion and other activities. In
addition, it is agreed that Fraser shall not be liable to Hoy for
any photographing or other reproduction of the displays made by
visitors to the Town Park.
(9) Provided that Hoy fully complies with his obligations
under this Agreement, including the delivery of all of the Wooden
and Bronze Sculptures referred to in Paragraphs 1 and 4, Fraser
agrees that no other sculptures except those of Hoy's shall be
erected and displayed in the outdoor walk- through history park
portion of the Town Park.
(10) This Agreement is intended to replace the prior
Agreement entered into between Fraser and Hoy, dated October 18,-
1989 and said prior Agreement shall be deemed terminated upon
execution of this Agreement.
(11) Neither Hoy nor Fraser shall assign their Interests
under this Agreement, except as expressly provided herein,
without the written consent of the other party.
(12) This Agreement embodies the entire agreement and
understanding of the parties with respect to the subject matter
thereof and shall not be altered or amended except by a writing
signed by both Fraser and Hoy and specifically referring hereto.
(13) Upon execution of this Agreement by Fraser and Hay, it
shall become a contract between the parties and shall be binding
upon and inure to the benefit of the parties and their respective
heirs, personal representatives, successors, and permitted
assigns.
IN WITNESS WHEREOF, Fraser and Hoy have executed this
Agreement on the dates indicated below.
FRASER
TOWN R, COLORADO
BY:
DATE:
ATTEST:
Virg Winter, Town Clerk
(TOWN SEAL)
HOY
DATE:
AGREEMENT
AGREEMENT, entered into by and between the Town of Fraser,
Colorado (hereinafter "Fraser and Jim Hoy (hereinafter "Hoy
(collectively the "parties
WHEREAS, Fraser desires to obtain from Hoy a collection of
wooden sculptures depicting the history of the West;
WHEREAS, Fraser desires to create a Town Park with the
sculptures placed as to provide "a walk through history
WHEREAS, Hoy desires to create twenty sculptures to be located
in Fraser;
NOW, THEREFORE in the best interest of the parties, IT IS
HEREBY AGREED THAT:
1. Fraser will make every effort to secure property for a Park
and will develop such Park if and when such acquisition is
financially feasible. Fraser in no way can be held financially or
legally liable for failure to secure and develop said Park.
2. Fraser will make all reasonable attempts to secure financing
from public or private foundations to purchase the sculptures from
Hoy. Said foundations shall purchase the sculptures from Hoy and
gift them to Fraser.
3. Fraser shall retain ownership of the sculptures for no less
than 100 years, and shall by terms of agreement executed at the time
of acquisition commit to the erection and maintenance of said
sculptures as specified in the agreement.
4. Copyright of said sculptures shall be retained by Hoy and no
reproductions, photos, postcards or other facsimiles shall be made
or sold without Hoy's permission.
5. Fraser agrees that no other sculptures except those of. Hoy's
shall be erected in the Park.
6. Hoy agrees to complete no less than two sculptures per year.
Said sculptures shall be sold to the foundations for a price not to
exceed Five Thousand Dollars ($5,000.00).
7. Upon execution of this agreement Fraser shall make a down
payment of Five Hundred Dollars ($500.00) for the Doc Susie
sculpture. Said down payment is totally refundable upon the receipt
of the first sculpture or upon termination of this agreement.
Date:
Attest:
T N OF FRASER
CB Jensen, Mayor
Vi •inia Winter, Clerk
(TOWN SEAL)
Jim Hoy
D a t e
ARTIST
AGREEMENT
AGREEMENT, entered into by and between the Town of Fraser,
Colorado (hereinafter "Fraser"; and Jim Hoy (hereinafter "Hoy
(collectively the "parties
WHEREAS, Fraser desires to obtain from Hoy a collection of
wooden sculptures depicting the history of the West;
WHEREAS, Fraser desires to create a Town Park with the
sculptures placed as to provide "a walk through history
WHEREAS, Hoy desires to create twenty sculptures to be located
in Fraser;
NOW, THEREFORE in the best interest of the parties, IT IS
HEREBY AGREED THAT:
1. Fraser will make every effort to secure property for a Park
and will develop such Park if and when such acquisition is
financially feasible. Fraser in no way can be held financially or
legally liable for failure to secure and develop said Park.
2. Fraser will make all reasonable attempts to secure financing
from public or private foundations to purchase the sculptures from
Hoy. Said foundations shall purchase the sculptures from Hoy and
gift them to Fraser.
3. Fraser shall retain ownership of the sculptures for no less
than 100 years, and shall by terms of agreement executed at the time
of acquisition commit to the erection and maintenance of said
sculptures as specified in the agreement.
4. Copyright of said sculptures shall be retained by Hoy and no
reproductions, photos, postcards or other facsimiles shall be made
or sold without Hoy's permission.
5. Fraser agrees that no other sculptures except those of Hoy's
shall be erected in the Park.
6. Hoy agrees to complete no less than two sculptures per year.
Said sculptures shall be sold to the foundations for a price not to
exceed Five Thousand Dollars ($5,000.00).
7. t.ipon execution of this agreement Fraser shall make a down
payment of Five Hundred Dollars ($500.00) for the Doc Susie
sculpture. Said down payment is totally refundable upon the receipt
of the first sculpture or upon termination of this agreement.
CB Jensen, Mayor
Date:
Te; N OF FRASER
Attest: /1/`,',f
Vilinia Winter, Clerk
(TOWN SEAL)
g (5,000 40,000 years ago)
Imo $u (Medicine in the west)
miry So 9th Cay.) (Military or to be under the protection of)
(Sheriff Billy Cozens) (Law enforcement)
Cbwboy
Miner
Logger
(Mountain Man) (The first to conquer self sustaining) ,c lv
(Jim Bridger)
Engineer (Major Berthoud)
Ranch Woman (Icelander Woman) (and single women in the west)
'Leacher child (Education in the West)
Mail Delivery (Over and through the mountains on foot and snowshoe)
Missionary (Jesuit)
Railroad Gandy Dancer (Steel ribbons through the west)
Defeated Indian (tribal destruction)
Blacksmith (early industry)
Grizzly Bear (Land Use Conflict) (a casualty)
Mountain Lion (Conservation survival
open (Yet to be decided)
"0/0/
December 24, 2004
Jeff Durbin, Town Manager, Fraser, Colorado
Dear Jeff
Thanks for communicating with me about the Western Heritage Exhibit. I appreciate the
effort. You're correct in indicating portions of the agreement between myself and the Town have
not been met, but I'm puzzled you would assume the contract is "concluded." That contract will
control exhibit conditions for a century or more. I would agree that in fairness to the Town and
myself, a number of things should be addressed, but a contract, signed in good faith, can't be
amended or terminated without due cause and the expressed agreement of both parties. I've
always tried to view problems as opportunities in disguise, and the Town and I have utilized this
strategy with some degree of success. We can modify the contract without palling the plant out of
the ground by its roots. There's been great trust flowing both ways, and it's in that spirit that I
have important suggestions for the 501 Western Heritage Exhibit Board and the Town Board.
$ut to properly make sense of what will follow, it's very necessary to review the path the
Town and I have walked for almost seventeen years. This exhibit was designed around a story
being told by myself as writer, historian and artist. The story and art work directly in concert with
each other, and it's critical that the exhibit be maintained with that intent A 501 3(c) education
corporation was created and awarded federal tax exempt status for this exhibit. My Western
Heritage Exhibit lies within the Walk Through History Park, and it's important that this
distinction is clearly understood between the two boards as well as myself; the exhibit's creator.
The 501 corporate board was created at the pleasure of the Town Board, and sanctioned by the
federal government to administer this specific exhibit's federally assigned education function.
The 501 board is a Walk Through History Park -board only by association since the exhibit's
setting enters into the education formula.
The exhibit's thesis or story is the heart and soul of the exhibit The art work, (in the
parlance of a journalist) is simply a sidebar. The artwork was designed to attract people to the
story and it has fulfilled that fimction in spades, as exemplified by visitors reading the plaques
adjacent to each figure. The plaques are a condensed portion of the written story which is soon to
be published in book form. The park provides a s w, g for, and was designed around the
exhibit History has shown that the indoor bronze display is the weakest element in the exhibit
formula, and this needs to be addressed at this time in light of changes being made to the
management and operation of the building.
Related to the history of this exhibit and park, you, as town manager, should know that I
offered to create the exhibit if the Town would agree to provide an "appropriate setting." When
t p the Town Council indicated a strong interest in creating the setting, I personally met with state
appointees who oversee the distribution of oil and mineral depletion funds for tourism and other
state replacement growth assets. When the Town formally presented this proposal to them, it won
over all other competitors and was awarded $90,000 dollars toward creation of the exhibit. That
money could not be used directly toward purchase of land, but this inspired the Town to acquire
land from the Clayton family for the exhibit setting. Clay Brown, the Town's first manager and
Vicky Winters, the long faithful town Clerk would testify to this history. The Town was thrilled
to have been awarded this cultural funding, and ultimately federal tax exempt status was granted
to the exhibit by the national government, and a 501 3(c) corporation was set up to administer it.
That is a brief history of how it originated, though the University became involved in its design. I
thank the Town for creating an exhibit setting, however the addition of a valley chamber -type
information center function, on site, did compete for space and exhibit attention within the
building. Overall, the exhibit took second place within the building as to staff function, though
they did go well out of their way to answer questions about the exhibit when possible. It became
a mixed bag.
I had hoped that if a building were built on the exhibit site, that it would function as an
interpretive center for the exhibit. That was a reasonable assumption at the time, but how the
town might staff it was far from my mind. The Mayor asked if I would volunteer to be on site
working, if a building were built, and I indicated not. However even if the Town had created
an "interpretive center, "dedicated solely to the exhibit, they would now lack the money to staff it.
Would a building have been built at the exhibit site if it didn't serve a dual purpose? Probably
not!
My having outlined the exhibit's history for you was done to help to explain why certain
aspects of your letter, concerning termination of contractual agreements, surrounding the exhibit,
troubled me tly. The economic problems or loss of sales -tax dollars facing this project and
now the entire Town itself, can be converted into a promotional opportunity for the exhibit. But
before outlining this proposal, I wish to remind everyone, again, that I created and paid for all
original outdoor exhibit sculptures in wood as well as the small bronze sculptures within the
Fraser Valley Visitors Center (with exception of The Bulldogger, which was purchased from the
Gallery by the Town of Fraser). I also invested a great deal of time and capital into the
conversion of the large wood sculptures into bronze at the foundry, saving the Town untold
dollars. The small, indoor bronze sculptures were to be used as part of the exhibit's education
process, and though some board members, past and present, may now have differing ideas as to
the utilization or staffing I'm sure all will agree that the exhibit's premise should not be
compromised.
The Town, in its contract with me, agreed to provide an "appropriate setting," but in
having turned what I had originally perceived to be an "interpretive center" into a valley "visitors
center, "that focus was lost, significantly compromised or certainly divided. The principal
function in that building became a chamber -like information center for activities outside the
history park. Due to recent staffing cuts, it is proposed that the building will now be used in a
private, quasi commercial operation, further compromising the educational focus of the indoor
exhibit under a private lease agreement. I donated these indoor bronzes in good faith, believing
they would be displayed as a group, at the park site, serving as an education tool, leading to
creation of the life -size figures. Continuing their use as decorative props for a chamber or service
fimction would be a breach f faith and good will, and from an artistic and educational
standpoint, the building's +posed use might even jeopardize the tax exempt status of the entire
exhibit. The indoor area is ply too small for such multiple use, and in consideration of our
fr‘z,)
contract, I do not consider this an appropriate setting or mix (within t building). Something has
to go, and I propose that it should be the indoor bronze exhibit The building is too small for both
even if the functions did not distract or divert attention from each other.
Thus, I no longer consider the area's visitor's center" to be an integral part of the exhibit
We were fooling ourselves to think this was possible, even when the Town could afford to staff
it. It has always been an "information center," not an "interpretive center." Its time to call a
spade a "spade" Trying to run it as both was a noble experiment, but both functions are in each
others way.
Having been displaced, (at least in focus), my proposal involves an alternative use of the
present indoor sculpture /story exhibit, but before I present it, I wish to remind everyone, once
again, that I paid for these indoor sculptures out of my own pocket. My proposal requires that
the Town transfer ownership of the indoor sculptures back to me, where their use will be
magnified ten fold for everyone's advantage. I would redirect their use as part of a traveling
exhibit, promoting the outdoor park exhibit around the state, nation and possibly even the world.
I, like any practical person, have given up on the Town's ability to hire a professional fund-
raising firm to engineer such a thing, as indicated in our contract and also hoped for by the 501
Exhibit Board. I think we were all waiting or wishing that someone would either fund or step
forward to make major corporate or foundation funding possible. The hiring of a pro ional
fund raising has been talked to death for the past seventeen years, leading Mike Grey to
resign from the Board. In light of present cut backs, I find it ridiculous to believe that will happen
for at least five years or more. Using part -time Town staff to effectively perform this function is
ridiculous. A non professional cannot substitute for the real thing. It's reality time. Many of you
have said that I, as the creator of the exhibit, and one who deeply believes in its message,
probably stood the best chance of pulling such a thing off. I'm not asking the town to hire me,
but I must have leverage to accomplish a broad plan. This requires the help of both boards, and a
change in direction which is acceptable to both parties in our signed agreement. One thing we
can not have, for sure, is highly respected people, in authority, indicating that the exhibit's
ground rules are dead or "concluded." What the hell is going on here!
Due to a significant loss of sales tax revenue, it's apparent that a full time staff for a
stand -alone interpretive center is not in the cards, nor is a physical expansion of the park in any
way. I do believe Diane Butler will keep the doors open for an area visitors center, and will do a
stellar job in explaining the outdoor portion of the exhibit from within the visitors center. She
understands the exhibit's mission, and I recall her daughter portraying me, giving a talk on the
exhibit's thesis in a primary school classroom years ago. However, I need the present indoor
sculptures more t she does to make the big marketing picture work with sponsors.
If the Town will deed the indoor bronzes back to me .I will do everything possible to
make that portion of the exhibit jump out into public view in conjunction with a traveling
exhibit, book tours and other publicity which it will garner. Having been a newspaper publisher,
I know how that works, evidenced by the TV, magazine and newspaper publicity generated to
date. But I can not and will not do it without re- ownership of such a traveling exhibit Trust me!
There are reasons which make this necessary so as to leverage the objective in soliciting the
support of corporate and foundation support. I'm Asking is that you return something to me
which I gave to the Town in the first place, so that I might effectively advance the story beyond
city the community's boundaries. These sculptures are relative to the thesis, and if anyone
envisions their best use as a decorative tool for an area information center, then faith has been
broken with my judgement. The facts speak for themselves. We have all seen these indoor
sculptures take second place to brochures, trail maps, restaurant menus and now contract
business services. Such services are necessary, but not alongside this educational exhibit, in the
same building and with the same staff. The staff's hearts might be in the right place, but that is
not enough. The whole building "setting" upsets me greatly, and I believe it to be outside the
spirit of the contact agreement between the Town and myself.
To accomplish the above, the Town and I would need to amend Article VI of the contract
between myself and the Town, along with other articles which would be affected by such a
change. The needed implication to do so is right on mark, but for reasons other than you had
considered.
I've poured my heart, soul and pocketbook into this thing, and its reality time! The indoor
sculptures, a specific education (story) tool should not be in competition with business services.
They, like myself, need to be outside on the road garnering publicity for the exhibit in inagazine,
TV, newspaper feature stories and public exhibits. I will call on major corporations and
foundations, but I must have ownership and the 501 3(c) tax exempt education corporation in
place to interface with foundations and major corporations. It will not fly without this. I find it
interesting that it was a loss in revenue, rather than a gain in income, which brought light into the
darkness. This message of loss or darkness is repeated in religions and in the experiences of most
people who ultimately found light in coming to this nation. The point is repeated, again and again
in the book and exhibit, but for some reason I, (or possibly we) failed to recognize it with respect
to the project itself.
But we, in working together, have had many successes. The majority of wood sculptures
were converted to bronze. Significant private donations came in to help in that cause, and I spent
much time at the foundry helping to reduce the cost of conversion to bronze. However, over the
same period of time, the outdoor exhibit drifted into disrepair. Some pedestal foundations are
crumbling or looking derelict. Doc Susie is the worst. The park also lacks nighttime lighting of
each sculpture, though lighting has been promised for years. The outdoor exhibit could be a night
time jewel to passers -by, but instead there is total darkness inviting vandalism which has been
delivered twice! That must be corrected, once and for all. Crumbling pedestals are or should be
an embarrassment. It shows lack of respect for the exhibit's cause. There are other improvements
needed which requires little money. Someone needs to hose bird crap off the plaques and
sculptures periodically, and they should be polished with Johnson past -wax twice a year. There is
no excuse for having let that go when the center was staffed, and that simple duty demonstrates
clearly where staff priorities at the visitor's center have been in the past. I damn near cried when I
came to the park last summer while expediting the transformation of the soldier and Jeremiah
Johnson into bronze. Pretty sad!
For anyone who might believe I have not held up my end of the contract with the town, I
wish to alert or remind them of the following. The 501 board and I agreed that it made little sense
for me to produce more sculptures unless the Town could raise the money to preserve them in
bronze. To keep producing them in wood would not make sense until a professional fund Na'�
raising was hired, as per our agreement. The Town lacked the money or the priorities to do colt
this for one reason or another. This effort, critical to its success, was constantly pushed onto a
back burner. I held up my end of the agreement in spades! I don't see how any knowledgeable
person might suggest otherwise.
The 501 exhibit Board fully realizes I would have created and donated those last works if
casting funds were made available for conversion. We discussed it many times! That was
never in question! I had suggested that because of such problems, we ought not to plan for the
creation of more than two additional large sculptures. Spending additional donations or Town
funds to carry out the creation of tapes, a short film and funds for a traveling exhibit were
deemed more important. There was little sense in creating any more sculptures until the existing
wood ones were converted to bronze. For that reason, and that reason alone, the board clearly
understood I was using the time, in- between sculptures, to finish writing the story of America's
uniqueness in world history against the backdrop of westward expansion. This exhibit is far more
than sculptures, and that was made clear from the very beginning and creation of the 501
education designation.
I have completed the book, and several university publishing houses have expressed
interest in the premise. I will keep the board posted on the progress of this, but as stated in the
book and exhibit, "individuals, towns, cities, nations, companies and service clubs become what
they think' Perception breeds reality, and that is evident in both our successes, failures and
prioities.
As to the wood "Cougar on Rode' and wood "Cowboy," There is no reason why they
should not remain in place, on site in the park until converted to bronze. Because of their good
condition, we have up to five years of grace toward that end with minimal maintenance.
Storage of the molds? Haul them to the dumpster, but it's mandatory that the interior
rubber be cut up and that the outside plaster molds be smashed prior to disposal. You can cut up
and burn all the original wood sculptures with the exception of Jim Bridger (see below). Most of
the others were rotted due to the weather, (which is why they were replaced in bronze).
I would suggest that the wood sculpture of Jim Bridger be stored in a safe, dry, insect free
place. The 501 board had thought of utilizing him at a later date inside an `interpretive center"so
as to show how the original wood sculptures were carved by hand and chisel. If the Town
chooses not to store Bridger, I would request that he be brought back home to me. I spent many
months hand carving him.
I would ask that you store the wood logs in the bus garage for several more years out of
the weather. I'm quite aware that Alan would like the area they occupy, which is three feet wide
by about fifteen feet long. I have plans for them which involve the park and my holding free
sculpture lessons there some day, but at this time it is fruitless to talk further. We need to finish
what we have already started. I paid about $4,000 for those presently stored in the bus garage in
addition to those already hand carved in place. They are extremely rare and were living trees
before Columbus set sail. Placing them outside, even under a tarp would destroy them as they
were standing dead for over half a century. I've gone the extra mile for the Town in donating all
this work and I don't think that I'm asking too much to have the Town store them under roof
someplace. If such a request is too outrageous, please let me know.
Yes, Jeff, I'll pack up "The C bronze sculpture for shipment back to the Town.
I will call for instructions the last week of December. It has attracted much attention for the
Town /exhibit here in Arizona. The accompanying brochures were picked up by many hundreds
of people. Some, on returning, told me they stayed in the Fraser Valley during their visit.
As requested, the key for the exhibit's donation box is attached. That piggy -bank was
suggested by early members on the Town Board to help chip away at some of my significant
expenses in creating the exhibit. In capturing those donations, you will average about 50 cents a
day. It bought a few supplies, and was fully appreciated. It was the thought which co 1 ted, and
some of it was by children in small change.
Last but not least, I'm very pleased that Connie Clayton, Eric Hoyhtya and Fran Cook
have joined the 501 exhibit board. They can be assured, as were others on the 501 board, that in
spite of the Town lacking funds to hire a professional fund raising consultant firm, I have
continued to work hard to meet the "original" intent of the exhibit contract. That will be very
evident when reading the book. I personally know Connie and Fran, and I thank them for
volunteering to keep the flame alive. I also hope to meet or re- introduce myself to Eric soon.
If anything I've written needs further interpretation or if I can be of help in any way, as in
the past, please phone me at (502) 730 9218 (Cell). Jeff you asked for my advice, and I've tried
to be as direct, honest and fair as possible. Nothing in this letter is intended to do anything
beyond making the exhibit a further success, though I will not hesitate, as its ongoing creator and
as an advisor to the board, to speak out in what ever way necessary. Thank you for the invitation
to be at the next board meeting on January 6 but I will not be able to make it Possibly it is
even best that I'm not there, as everyone will feel free to talk more openly about my proposal
concerning the indoor bronzes. Anything I might have added to the meeting is in this letter. 4-
However, I must know the results of that January 6 meeting as soon as possible, and my proposal
to utilize the indoor sculptures, as proposed, requires that a decision be made prior to March 1 1
There are many, many, many personal reasons for setting this deadline, and I cannot deviate from
it. If acted upon, we can and should amend the contract within 60 days, and I would write a
proposed draft for your consideration. My proposal for indoor sculpture use is what I should have
done with them in the first place, rather than donating them to compete with trail maps. Had I
known that was to be the case, they never would have graced the building. I would have used
them in conjunction with the book and the outdoor exhibit as proposed. We all did our best to
make it work, but I do not judge the present and future interior environment of the visitors center
to be an appropriate educ 1 nal setting for the donated collection of small bronzes figures. I am
sending a copy of this letter to each 501 Board member so they will have a chance to digest it
long before the January 6 meeting. Thanks for your up -date to me, and the best of luck as Town
If
Manager. You certainly have a tiger by the tail. Onward and upward!
Subject: Hoy Agreement
From: "Rod McGowan" <mcgowanr @rkymtnhi.com>
Date: Thu, 13 Jan 2005 17:19:15 -0700
To: <jdurbin@town.fraser.co.us>
Jeff:
I found the later agreement (attached), which tums out was signed in 1993. It is clear Jim is aware of this later
version, since he refers to amending "Article IV"; but he conveniently ignores the other provisions (such as the
reference to the building being a "visitor center"). I can't see where he has any real argument that the Town has
failed to abide by the agreement, unless he can show that it failed to use "reasonable efforts" to secure funding
sources, which appears doubtful. His argument that he was excused from providing the agreed number of
sculptures is also doubtful, since actions of the Foundation board are not binding on the Town and the Agreement
itself precludes modifications except by written agreement.
It would appear that the Town has the following legal options: (1) It could treat the Agreement as continuing in
force and effect, with the continued display of the wood and bronze sculptures at the park/visitor center, or
altematively, it could dispose of the sculptures in the manner provided in the Agreement; (2) It could demand the
Hoy complete the sculptures called for by the Agreement, suing for specific performance, if necessary; (3) if it
considers Hoy to have breached the Agreement in a material respect, it arguably has the right to declare the
Agreement terminated and retain or dispose of the sculptures as it sees fit. Of course, there is also the possibility
of negotiating a settlement or amendment of the Agreement, if the Board feels that is in the Town's best interests.
Let me know if you want to discuss the matter further.
Rod McGowan
Cazier McGowan
P.O. Box 500, Granby, CO 80446
Ph (970) 887 -3376; Fax (970) 887 -9430
rodamcgowan- pc.com
CONFIDENTIALITY NOTICE: This electronic mail transmission and the attachments accompanying it may contain confidential information from the
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1 of 1 1/14/2005 11:54 AP
CAZIER AND McGOWAN
of .7
STANLEY W. CAZIER, P.C.
RODNEYR. McGOWAN, P.C.
JOHN D. WALKER
Rod McGowan
rod@mcgowan- pc.com
Dear Jeff
OF PROFESSIONAL CORPORATIONS
Mr. Jeffrey L. Durbin, Town Manager
Town of Fraser
P.O. Box 120
Fraser, CO 80442
Re: Agreement with Jim Hoy
February 11, 2005
62495 U.S. HIGHWAY 40 EAST
BOX 500
GRANBY, COLORADO 80446
TELEPHONE (970) 887 -3376
FAX (970) 887 -9430
JOHN L. BAKER, P.C.
OF COUNSEL
In accordance with your request, I have reviewed the correspondence between yourself
and Jim Hoy concerning the sculptures displayed at the Fraser walk through history park and
visitor center. In connection with that review, I also reviewed the terms of the April, 1993
Agreement entered into between Mr. Hoy and the Town of Fraser (the "Agreement which
appears to be the only contract now in effect relating to the sculptures. It should be noted that the
Agreement expressly states that it represents the entire agreement and understanding between the
parties and may only be amended or modified in writing. In his December 24, 2004 letter, Mr.
Hoy apparently concurs that this is the only Agreement governing the legal relationship between
him and the Town. While he states several valid points and concerns in his letter, I have to
disagree with his interpretation of the Agreement and his suggestions for possible changes.
Contrary to the assertions in Mr. Hoy's letter, there is no indication that the Town of
Fraser has failed to comply with the Agreement. There is nothing in the Agreement that
obligates the Town to provide an "appropriate setting" or an "interpretive center" for display of
the bronze sculptures. Likewise, there is nothing that precludes display of the sculptures in
connection with the Town's visitor center operations. In fact, the Agreement calls for the display
of the bronze sculptures, except those on loan at other locations, at the "Town Park which is
defined as including the visitor center as well as the adjacent walk through history park.
Therefore, Mr. Hoy's suggestion that it is improper for the Town to display the sculptures in
connection with the visitor center operation is without basis.
Mr. Hoy is also laboring under false assumptions regarding his own performance required
by the Agreement. It is clear that he was required to provide the twenty (20) wooden sculptures
listed in the Agreement not later than January 1, 2001, regardless of whether funding from
Mr. Jeffrey L. Durbin, Town Manager
February 11, 2005
Page 2
outside sources was obtained. That did not happen, so arguably he is in default under the
Agreement. The fact that he may have had discussions with the Board of Directors of the Walk
Through History Park Foundation about possibly delaying completion of the sculptures, does not
excuse his nonperformance. The Foundation Board has no authority to act for or bind the Town,
and as noted above, the terms of Agreement prohibit any amendments or modification except by
a written agreement approved by both parties. The possible legal recourse options available to
the Town as a consequence of Mr. Hoy's default include an action for specific performance
and/or damages. Further, if the Board of Trustees considers the nonperformance to be a material
breach of the Agreement, it has the right to declare the Agreement terminated and to retain or
dispose of the sculptures as it sees fit.
It may be possible to reach a compromise settlement of the outstanding issues and
disputes with Mr. Hoy, which might involve modifications to the existing Agreement. However,
I would not recommend the changes suggested in his letter. In particular, I would caution against
accepting his proposal to transfer ownership or possession of the bronze sculptures. Those items
are now the property of the Town, and by law, the Board of Trustees has no authority to give
away public property without adequate consideration. In addition, any settlement should address
the noncompletion of some of the listed wooden sculptures, and the fact the most of the original
wooden sculptures have now been replaced with full -size bronze replicas. One solution might be
to relieve Mr. Hoy of the obligation to finish any additional sculptures in return for his agreement
to release the Town from any further obligations with respect to the sculptures that have been
completed. If the Board of Trustees wants to continue the relationship into the future, then any
modifications to the Agreement should be for the mutual benefit of the parties, and not just Mr.
Hoy.
With regard to the other collateral issues mentioned in the correspondence, I would offer
the following comments:
1. As we discussed, the Town has no obligation to store the logs or other materials used by Mr.
Hoy in constructing the sculptures. If he fails to remove these items after you give him notice
to do so, then you may treat the items as abandoned and may dispose of them as you see fit.
2. With respect to the "old" wood sculptures, if any are deteriorated or damaged, then the Town
has no obligation to continue their display and may dispose of them as deemed appropriate.
The same applies to those that have been replaced with bronze replicas. Those intended for
future bronzing may be stored or other actions taken for their preservation until the bronzing
occurs. Any others that do not fall within those categories can be transferred or disposed of
as stated in the Agreement, or otherwise if the Agreement is terminated or if the disposition is
approved by Mr. Hoy.
Mr. Jeffrey L. Durbin, Town Manager
February 11, 2005
Page 3
Let me know if you have further questions regarding this matter.
RRM:sw
pc: Mr. Pat Howlett, Mayor
Rodney R. McGowan, P.C.
TO OF SER
"icebox of the Nation"
December 13, 2004
Jim Hoy
1020 Camino Velaques
Green Valley, AZ 85614
Dear Mr. Hoy,
P.O. Box 120 153 Fraser Avenue
Fraser, Colorado 80442
P: (970) 728 5491
F: (970) 728 5518
fraser@town. faser. co. us
As new Town Manager, I'd like to introduce myself and outline some recent changes in
Fraser. I have served the community as Community Development Director since 2000.
Chuck Reid recently departed for a new position with Federal Heights. I have served as
Town Manager since August 2004.
Of course our greatest current challenge is the opening of a new grocery store in Granby.
This will significantly impact our revenues and we are budgeting accordingly. These
budgetary challenges have resulted in a partnership with a local business (Destinations
West) to operate the Fraser Visitor Center. The Walk Through History Park will not be
operated by this business, and the Walk Through History Park Foundation Board remains
active. In essence, the interior functions will be operated by Destination West while the
exterior will be operated by the Town (with guidance and assistance from the Foundation
Board). I think this will be a successful relationship.
The Walk Through History Park Foundation Board has some new members. Catherine
Ross and Robin Wirsing have recently resigned. Current members include Connie
r1a:fFnn Tr.4" TT..e.1.4..n 7: f� �Ll «t L`_�� !�t Ts_. TT_ ___v IN
December 8, 2004
Page 2
The fund raising efforts are seen as critical in light of the Town's budgetary constraints.
There are two remaining wood sculptures to be bronzed. The Town's 2005 Budget does
not include funding for any bronze work, and we do not anticipate available funding over
the next several years. We have placed numerous other funding initiatives on hold.
Given the lack of funding for bronzing of the remaining two sculptures, I think it prudent
to consider relocation of these works to an indoor environment until such time as they are
bronzed. The Walk Through History Park Foundation Board is considering this matter
and your thoughts would be appreciated.
It is my impression that the provisions of the original contract between the Town of
Fraser and Jim Hoy dated October 18, 1989 are no longer being met by either party. It is
thus my opinion that the contract is concluded.
I would appreciate your thoughts regarding the disposition of the old wooden sculptures
which have been replaced by bronze sculptures, the =carved logs, and bronze molds.
These have been stored in our Public Works shop. We have new equipment that requires
indoor storage and have simply run out of space.
The Walk Through History Park Board has requested the key for the wooden donation
coffer, which is located inside the Visitor Center. The Board has outstanding debt to the
Town for the purchase of The Cowboy (Bulldogger) macquette and hopes to pursue
funding for the bronzing of the two remaining wood sculptures.
The Walk Through History Park Foundation Board would like to mount the sculpture of
The Rancher at the Visitor Center. I understand you have had this piece in Arizona for
marketing purposes. We would like to have it retumed to Fraser at your earliest
convenience and may be able to facilitate transport.
I regret that some of these changes may disappoint you, however, I trust that you
understand the context within which these decisions have been made. We certainly
appreciate your contributions and hope that you recognize the community commitment to
maintain this facility. It is my hope that we can continue to work together to convey the
stories of our rich heritage.
I look forward to your thoughts.
v (1/10/90
Department of Local Affair, a Use
IMPACT ASSISTANCE PROGRAM APPLICATION
Public Facilities/Community Development Projects
A, GENERAL AND SUMMARY INFORMATION
1i. Name/Title of Proposed Project: Fraser River Park
2. Applicant: 'Town of Fraser
In the case of a multi Jurisdictional application, name of the "lead" municipality or county).
In the case of a multi- jurisdictional application, names of other directly participating municipalities and counties:
If applying on behalf of another entity, name of that entity:
3. Chief Elected Official (in the case of a multi- jurisdictional application, chief elected official of the "lead" municipality or
county):
Name: c -i Tengpn
Mailing Address: P.O. Box 120 Fraser, Co 80442
4. Designated Contact Person for the Application:
Name: Clayton 0. Brown
Mailing Address: P.0. Box 120, Fraser, Co. 80442
Map and drawings attached as sheets E -1.
Local Priority I n F
*Relative to other applications (e.g. 1 of 2, 2 of 4, etc.)
TAT E OF COLORADO #______1-
Title: Mayor
Title: Town Manager
Phone:(303) 726 -5491
Phone: (303) 726 -5491
5. Brief Description of Proposed Project 1 100 „roras Of te.ei;
Attach a map showing the location of the project.
To create a river park in downtown Fraser consisting of a tr head for the Fraser
R ver ra p cn c a e a wa t run istory" ar consisting of twenty hand carved
wooden sculptures depicting the history of Colorado, the relocation of the Fraser
history collection combined with the relocation of our visitor information center.
Within the scope of this application the project will also include the demolition
of a cabin, relocation of mobile homes, the construction of a highway deceleration
lane, construction of parking and pedestrian ways, renovation of the visitor information
cabin and landscaping.
DIVISION OF PARKS AND OUTDOOR RECREATION
1313 Sherman Street, Rm. 618
Denver, Colorado 80203.
Phone (303) 866 -3437
Fax Number (303) 866 -3206
July 2, 1991
Virginia Winter
Court Administrator
P.O. Box 20
Fraser, CO. 80442
Dear Ms. Winter
On May 17, 1991, the Colorado Board of Parks and Outdoor Recreation approved
priorities for funding trails projects submitted for FY 92 funding under the
Colorado Greenway Project grant program.
The total amount requested by project sponsors was $1,969,070 for 40 projects.
For FY 92, a $50,000 project funding ceiling was placed on all projects so that
more communities can benefit from this program.
Your project, Fraser River, was ranked #2 out of the 40 applications. The amount
approved for your project was $10,000.
The FY 92 appropriation from the Legislature for the Colorado Greenway Project
was $100,000. This amount is down considerably from the $300,000 to $534,100
appropriated for this program over the past 7 years. As a result, only 12 of the 40
projects will receive funding.
You will be contacted soon, if you have not already been, regrading proceding with
the contract agreement and necessary paperwork for your project.
Congratulations! If you should have any questions about this allocation, or the
Colorado Greenway Project, please feel free to contact me.
Sincerely,
STATE OF COLO
TE PpA'K
Roy Romer
Governor
Laurie A. Mathews
Director
Colorado Board of Pa
and Outdoor Retreat
James M. Robb
Chairman
Kathleen M. Farley
Vice Chairman
Clark L. Scriven
Secretary
Patricia B. McClearn
Member
Jose G. Trujillo
Member
There was discussion about ordering a 450 -leaf donor tree to display ,on the wall in
the Visitors Center. The board expressed a desire to obtain the donor tree for the
center: A minimum donation of $150 dollars per leaf was suggested.; They
discussed the option of using 3 colors (bronze, brass and silver) for the different
donation levels, decided on the solid brass leaves so there.would not be a
distinction between donor levels. The board was advised that the, donor tree would
cost approximately $7,000 to purchase with 450' 'Chuck said he would
make phone calls to some people that might be interested in making a donation to
purchase the tree.
It was suggested that 'a letter be sent to previous donors to acknowledge their
previous donation and see if they might be interested in purchasing aleaf on the
tree.
There was discussion about Michael Blimes starting the grant writing for the year
2000. All agreed that the options should be• pursued with him as soon as possible.
Chuck said he would contact Michael Blimes.
Catherine asked the other the board members how they felt about,seliing
moquettes. of the Rancher and to raise money and all agreed that the
maquettes would not be sold at this time. The board decided they would rather'
pursue fund raising through the donor tree instead:
Catherine-said she would mention the fund raising effort for the Walk Through
History Park in the next Chamber newsletter which would be mailed soon.
Jim Hoy said the wooden "piggy bank" located in the Visitors Center collects
approximately $300 each year, and he said he would like to donate that money to
the Foundation. He suggested replacing the wooden box with a plexi -glass style
box. Chuck felt that type of box could create a :security problem 'because of its
location in a public facility. Chuck, also said the Foundation or the Town would
seek funding through other sources, and recommended that the "piggy bank" be
removed 'from the Visitors Center. Jim Hoy agreed and said he would remove it.
The next meeting will be held on Wednesday, November 17 at 4:00 p.m. at the
Visitors Center.
There was a motion to adjourn the meeting at 4:55 p.m.