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C O L, O I A I] Q
Town Board Briefing
October 16, 2013
Please note that Members of the Board may have dinner together @ 5:30 p.m. at the
Fraser Town Hall. We'll begin with a 2014 Budget workshop discussion at 6:00pm. The
regular meeting will begin at 7:00pm.
Please note that included with this packet is the Proposed 2014 Budget. Public
Hearings are scheduled to begin November 61n
There are several items on the Consent Agenda with materials included in your packet.
Recall that the West Slope Principles for the Colorado Water Plan were discussed at two
recent Town Board Meetings. Also, note that the Sweeper Lease Purchase Agreement
is pursuant to the authorization previously established by Resolution 2013-04-06.
Neither Grand County Water and Sanitation District #1 or Winter Park Water and
Sanitation District have adopted the Infiltration Plan as of this date, but we anticipate
action in November. As Manager of the Treatment Plant, I would suggest the Town be
first to adopt the Plan. The proposed 2014 Budget includes provisions for
implementation of the Plan.
Liz Mullen, Executive Director of NWCCOG, will be present to outline what our Council
of Governments is working on, including an overview of the Broadband Initiative.
Included in your packet are materials from a recent presentation and the Draft Strategic
Plan.
Rick Edelson has requested an opportunity to address the Town Board. He would like to
ask what kind of Town resources were directed toward the Byers Peak Ranch
negotiations and wanted to inform the Town Board that Byers Peak Properties is
currently pursuing approvals from Grand County. I did attempt to address his inquiries
by noting that approximately $350,000 were expensed on legal and engineering work,
but that this was reimbursed by Byers Peak Properties. Also, Staff time was dedicated
to the effort along with the many hours the Town Board spent reviewing and discussing
the matter. I informed him that staff had informed the Town Board of the County hearing
and provided the proposed sketch plan to the Board. It would be my recommendation
that if the annexation is nullified on November 51", the Town of Fraser should engage in
the County hearing process in an effort to protect our community interests. Nonetheless,
Mr. Edelson would like to address the Board on these matters. He ensured me that his
inquiry would be brief, and understands that this is not, and cannot be, a debate
regarding the merits of the Byers Peak Ranch Annexation.
Pursuant to recent discussions regarding amending the lease for Headwaters Trails
Alliance at 120 Zerex, Resolution 2013-10-04 authorizes execution of an amended
lease. Changes are indicated either by stFikethF96ig4 or bold. Note the non-exclusive
use of the general purpose space provisions in paragraph 2.1 per your prior direction.
The Town Attorney has reviewed the amended lease.
Town of Fraser
PO Box 370,Fraser,CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
As you recall, the approval of a temporary easement for replacement of an existing
retaining wall at 760 Wapiti was conditioned upon execution within 45 days. The owners
attempted to get everything in order within that timeframe, but we did not reach that goal.
Accordingly, the easement is being brought back to the Board for re-approval.
Significant progress has been made, and we have been working hard with the owner to
achieve our mutual goal (replacement of a failing retaining wall). We will outline current
status at the meeting and are recommending re-approval as included in your packet.
As always, feel free to contact me if you have any questions or need any additional
information.
Jeff Durbin
Town of Fraser
PO Box 370,Fraser,CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
FRASER BOARD OF TRUSTEES
MINUTES
DATE: Wednesday, October 2, 2013
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,
Vesta Shapiro and Adam Cwiklin
Staff: Town Manager Jeff Durbin; Town Clerk, Lu Berger; Finance Manager Nat
Havens; Public Works Director Allen Nordin; Town Planner, Catherine
Trotter; Police Chief, Glen Trainor,
Others: See attached list
Mayor Smith called the meeting to order at 6:10 p.m.
1. Roll Call
2. Approval of Agenda
Trustee Naill moved, and Trustee Sumrall seconded the motion to approve the Agenda.
Motion carried: 5-0.
3. Executive Session: For a conference with the Water Attorney 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(n) a potential water right acquisition and to
include Town Water Attorney Thorne, Town Manager Durbin, Public Works Director
Nordin and Finance Manager Havens.
Open: 6:11
Trustee Sumrall moved, and Trustee Shapiro seconded the motion to enter into
executive session. Motion carried: 5-0.
Exit: 7:05
Trustee moved, and Trustee seconded the motion to exit executive session. Motion
carried: 5-0.
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.
Page 2 of 3
Chris Thorne, Water Attorney
4. Consent Agenda:
a) Minutes— September 18, 2013
b) Policies and Protocols
Trustee Sumrall moved, and Trustee Naill seconded the motion to approve the consent
agenda. Motion carried: 5-0.
5. Open Forum:
6. Updates:
7. Public Hearings:
8. Discussion and Possible Action Regarding:
a) NWCCOG QQ Water Principles
Chris Thorne & TM Durbin briefed the Board on the Governor's executive order issued to
the CWCB to establish a Colorado water plan. A 2014 statewide water plan is being
developed to outline how to meet the water demands of the state.
Staff will bring back a Resolution in support of the plan at the next meeting.
b) Grand Enterprise Initiative Funding Request
Trustee Naill recused himself due to his business relationship with the Grand Enterprise
Initiative.
Wally Baird, a Board member of the Grand Enterprise Initiative and Patrick Brower
briefed the Board on the goals of the Initiative. Candace Gunn spoke on her experience
with the Grand Enterprise Initiative.
Grand Enterprise has asked the Town of Fraser for $5,000.00 in funding. The Budget
Committee will take this request into consideration.
C) Proposed Grand County Zoning Amendments
TM Durbin outlined the right of the public to comment on the County's proposed zoning
amendments and what may be of concern to the Town of Fraser. Some proposals, TM
Durbin feels, do not fit the County's Comprehensive Plan regarding economic
development taking place in the municipalities. TM Durbin proposed sending a letter to
the County with the Town's concerns.
The Board directed staff to write a letter to the County stating our concerns.
9. Community Reports:
Page 3 of 3
Mayor Smith asked the Board to write a letter of support for Headwaters Trails Alliance
in their request for increased funding from the County.
10. Other Business:
Grand County#1 will be replacing a manhole on Rendezvous Road within the Town of
Fraser. They have asked that the Town waive the surety requirement for doing work on
Town property. The Board agreed to waive the surety requirement for Grand County #1
manhole project if they supply a letter assuming all responsibility for any issues that may
arise from the project.
Trustee Cwiklin moved, and Trustee Naill seconded the motion to waive the surety
requirement if a letter assuming responsibility is received from Grand County#1. Motion
carried: 5-0.
Trustee Cwiklin moved, and Trustee Shapiro seconded the motion to adjourn. Motion
carried: 5-0. Meeting adjourned at 8:07 p.m.
Lu Berger, Town Clerk
TOWN OF FRASER
RESOLUTION NO. 2013-10-01
A RESOLUTION APPROVING FINAL ACCEPTANCE OF ALL IMPROVEMENTS
ASSOCIATED WITH THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE VILLAGE
AT GRAND PARK— FILING 2, LOT 12A & TRACT D AND RELEASE OF SURETY.
WHEREAS, the Subdivision Improvement Agreement (SIA) for The Village at Grand
Park — Filing 2, Lot 12A & Tract D (Reception # 2011005630) provided for a schedule for
completion of Improvements;
WHEREAS, Town staff has inspected all Improvements and has determined that all
such Improvements have been completed and meet the requirements for final acceptance by
the Town and any remaining surety given to ensure the completion of such Improvements
should be released.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO THAT:
1. The Fraser Town Board hereby finds and determines that: a) All Improvements have
been satisfactorily completed in accordance with the approved plans and specifications
for such Improvements; b) all warranty periods provided in the SIA and Fraser's
regulations have ended or are waived; and c) all other applicable requirements for
acceptance of the Improvements have been satisfied or are hereby waived by the Board.
2. The Fraser Town Board hereby authorizes final acceptance of said Improvements and
the release of the remaining surety (cash in the amount of$10,459.20).
DULY MOVED, SECONDED AND ADOPTED THIS 16th DAY OF OCTOBER, 2013.
TOWN OF FRASER
ATTEST:
Peggy Smith, Mayor
Lu Berger, Town Clerk
Addendum to Agenda Item 21:Colorado Water Plan DRAFT Framework
Through the work of the CWCB,the IBCC,and the Basin Roundtables,we know more about
Colorado's current and future water needs than ever and we have had a truly comprehensive
discussion about our water future.The IBCC concluded that unless we take action,we face a
status quo scenario that is not a desirable future for Colorado.This is a turning point in
Colorado water history. Leaders from every basin representing all water users and the
environment made clear that either Colorado changes the way we do business or we face
unacceptable consequences.
Solutions must be found if we are to protect our environment, preserve our agricultural
heritage,and enjoy a healthy and re *sustainable economy;and because of the work of
water leaders from across the state,we have reached a point where a Colorado Water Plan can
be developed.
The plan will reflect Colorado's water values:support a productive economy that supports
vibrant and sustainable cities,viable and productive agriculture,and a robust skiing, recreation
and tourism industry;efficient and effective water infrastructure that promotes smart land use;
and a strong environment that includes healthy watersheds, rivers and streams,and wildlife.
Specifically,the Colorado Water Plan will:
• Align state funding and the state's role in water supply and management with the values
included in the plan;
• Streamline the state role in the state approval and regulatory process regarding water
supply and management while ensuring that the process remains protective of
environmental and public health considerations.
• Provide a path to state support of those water supply and management proposals that
stress conservation, innovation,collaboration,consent from areas where water will be
developed,and other criteria such as promoting smart land use, healthy watersheds for
Colorado's rivers and streams,and smart water conservation and reuse practices that
utilize demand-management;
• Be constructed from the bottom-up, incorporating the work of the grassroots IBCC,
Basin Roundtables,and local governments;
• Protect Colorado's ability to use its water from interstate demands;
• Establish a foundation for common-sense changes to the way we manage and transfer
our water;
Respond to the looming gap between supply and future demanda-P,4 t--- Formatted:Bullets and Numbering
• ^ddpe F leewiRg gap"^`Flee"sHpply and d^" Rd while minimizing adverse t--- Formatted:space After: 2.9 pt
impacts to the economic,environmental,and social well-being of the state by protecting
watersheds and minimizing the buy-and-dry of irrigated agriculture_
In order to achieve these goals,the content of the Colorado Water Plan will be informed by the
BRTs,the IBCC,the ad hoc panels,- inter-agency and intergovernmental discussions.CWCB staff
has generated the following drat CWP framework to initiate Board discussion and is subject to
substantial revision.
Draft Framework Colorado Water Plan
Executive Summary
1.Introduction
1.1.Summary of Colorado water resources and summary of plan(multiple sources)
1.2. Description of State,Local,and Federal entities that are involved in water administration,study,
planning and project permitting(state, local,and federal agencies)
1.3.Description of Colorado Water Law&Administration(DWR,AG)
1.4 Inventory of existing local government regulations and plans that bear on water resource
development
2.Basins(BRTs)
2.1.Overview of each Basin
3.Water Demand(BRTs,SWSI,ad-hoc panel)
3.1.Consumptive and non-consumptive wWater demand by sector and by geographic location.
4.Water Supply(BRTs,SWSI,Drought Task Force)
4.1. Description of historical and projected supply by geographic location.
5.Water Management(multiple sources)
5.1 Watershed health/management.
5.1.1 Inventory existing watershed management efforts and align water plan with those efforts.
5.1.2 Environmental and Recreation Projects
5.2 Conservation and Reuse
5.2.1 M&I Conservation(include to recognize demand hardening)
5.2.2 Ag conservation(recognize headwaters state and return flows issue)
5.2.3 Self-Supplied Industrial(e.g.conservation of mining and energy water use)
5.2.4 State agency conservation(e.g.Parks and Wildlife,Corrections,State Land Board,etc.)
q 2 45.2.5 Smart/waterwise land use planning.(identify best practices) .--- Formatted:Bullets and Numbering
5.3 Alternative Ag-to-Urban Transfers
5.4 Alternative Headwaters to Front Range transfers
5.4 Infrastructure
5.4.1 Water Supply Projects and Methods,including protection for areas from which water is
diverted,
5.4.2.Existing Water Supply O&M
5.4.3 Non-consumptive Projects and Methods
5.6 Water Quality—(expande-QQgroup and/or ad hoc group to bring NGO perspectives, local
government expertise,and 208 Water Quality Management Planning to bear on the issue)
6.Funding/financing(Power&Water Authority)
6.1.Analysis of the cost to fully implement the CWP.
7.Legislative Recommendations(multiple sources—BRTs,IBCC,ad hoc groups)
7.1.Legislative recommendations to assist in being able to fully implement the CWP.
8.Process for Plan Update(multiple sources)
8.1. Describing the process for periodic updates to the CW P
TOWN OF FRASER
RESOLUTION NO. 2013-10-02
A RESOLUTION ENDORSING THE WEST SLOPE PRINCIPLES FOR THE COLORADO
WATER PLAN
WHEREAS, the Governor of the State of Colorado issued executive order D 2013-005,
"Directing the Colorado Water Conservation Board to Commence Work on the Colorado Water
Plan" in May, 2013; and
WHEREAS, according to the executive order, "Colorado's water policy must reflect its water
values," including a "productive economy," efficient water infrastructure "promoting smart land
use," and a "strong environment that includes healthy watersheds, rivers and streams, and
wildlife;" and
WHEREAS, the west slope headwaters are the source of much of the water supply for the
front range as well as an epicenter of Colorado's recreation economy and wildlife resources;
and
WHEREAS, local governments, water districts, watershed groups, basin roundtables and
other west slope water leaders have a deep understanding of the relationship between water
resource development and the healthy watersheds, rivers and streams, and wildlife; and
WHEREAS, west slope organizations have been engaged in land use and water planning
both locally and with Front Range water interests for many years and desire that this experience
inform the Colorado Water Plan process.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO THAT:
1. The West Slope Principles for the Colorado Water Plan are hereby endorsed.
DULY MOVED, SECONDED, AND ADOPTED THIS 16th DAY OF OCTOBER, 2013.
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
Mayor
ATTEST:
(S E A L)
Town Clerk
TOWN OF FRASER
RESOLUTION NO. 2013-10-03
A RESOLUTION AUTHORIZING EXPENDITURES FOR THE PURCHASE OF A NEW
STREET SWEEPER AND AUTHORIZING THE TOWN MANAGER TO ENTER INTO A
CONTRACT.
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO THAT:
1. The Town Board of Fraser, Colorado hereby authorizes the Town Manager to execute a
lease agreement as attached.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS 16th DAY OF OCTOBER, 2013.
Votes in favor: _ BOARD OF TRUSTEES OF THE
Votes opposed: _ TOWN OF FRASER, COLORADO
Absent: _
Abstained: _ BY:
Mayor
ATTEST:
(S E A L)
Town Clerk
StateBank 1680 CHARLES PLACE 1 877-587-4054
MANHATTAN,KS 66502
SENT VIA EMAIL:N HAVE NS@TOWN.FRASER.CO.US
September 16,2013
Mr. Nathaniel Havens
Town of Fraser, Colorado
Re: Financing for Town of Fraser,Colorado for One(1)Elgin Eagle Waterless Sweeper
Dear Mr. Havens:
Thank you for choosing Kansas State Bank of Manhattan as your financing source. Attached hereto, please find the Contract and
documentation for your review and completion. Included is a Documentation Instruction sheet to guide you through the process.
The interest rate you have been quoted is valid through October 6,2013.
Please note that, depending on circumstances, we reserve the right to charge a reasonable fee to Obligor/broker, if this transaction
is not funded. This fee is for expenses incurred and services performed related to the processing of the transaction. This fee will
NOT be charged if the transaction is funded by Obligee.
If you have any questions regarding the documentation please feel free to contact me at(877)587-4054.
Sincerely,
Abby Zarger
Documentation Associate
MEMBER FDIC I EQUAL HOUSING LENDER a ON CITY I WICHITA I PHOENIX b.
DOCUMENTATION INSTRUCTIONS
The instructions listed below should be followed when completing the enclosed documentation. Documentation completed improperly will delay
funding. If you have any questions regarding the Conditions to Funding,instructions or the documentation,please call us at(877)587-4054.
I. Attached Documentation
1. Government Obligation Contract
♦ An authorized individual that is with the Obligor should sign on the first space provided.
2. Exhibit A—Description of Equipment
♦ Review equipment description.Complete serial number/VIN if applicable.
♦ List the location where the equipment will be located after delivery/installation.
3. Exhibit B—Payment Schedule
♦ Sign and print name and title
4. Exhibit C-Certificate of Acceptance
♦ Sign and print name and title
5. Exhibit D-Obligor Resolution
♦ Type in the date of the meeting in which the purchase was approved.
♦ Print or type the name and title of the individual(s)who is authorized to execute the Contract.
♦ The secretary,chairman or other authorized board member of the Obligor must sign the Resolution where indicated.
♦ A second authorized individual that is with the Obligor should attest the Resolution where indicated.
6. Exhibit E-Bank Qualified Certificate
♦ Sign and print name and title
7. Insurance Requirements
♦ Complete insurance company contact information where indicated.
8. Debit Authorization—(Preferred)
♦ Complete form and attach a voided check
9. 8038G IRS Form
♦ Please read 8038 Review Form
♦ In Box 2,type Employer Identification Number
♦ Sign and print name and title
II. Additional Documentation Required
1. First payment check as stated on attached invoice
2. Insurance Certificate as stated on the Insurance Requirements Form
3. Vendor Invoice for the amount to finance listing applicable SN/VIN,down payment,trade,etc.
4. Front and back copies of MSO or title listing"Kansas State Bank AOIA"as first lien holder
III. Condition to Funding
If,for any reason: (i)the required documentation is not returned by November 9,2013,is incomplete,or has unresolved issues relating thereto,or
(ii)on,or prior to the return of the documentation,there is a change of circumstance which adversely affects the expectations, rights or security of
the Obligee or its assignees;then Obligee or its assignees reserve the right to adjust the quoted interest rate or withdraw/void its offer to fund this
transaction in its entirety.
All documentation should be returned to:
Kansas State Bank of Manhattan
1680 Charles Place
Manhattan, Kansas 66502
CO SFP Non-App BQ
GOVERNMENT OBLIGATION CONTRACT
Obligor Obligee
Town of Fraser, Colorado Kansas State Bank of Manhattan
153 Fraser Avenue 1010 Westloop; P.O. Box 69
Fraser, Colorado 80442 Manhattan, Kansas 66505-0069
Dated as of September 1,2013
This Government Obligation Contract dated as of the date listed above is between Obligee and Obligor listed directly above. Obligee desires to finance the purchase of the Equipment
described in Exhibit Ato Obligor and Obligor desires to have Obligee finance the purchase of the Equipment subject to the terms and conditions of this Contract which are set forth below.
I. Definitions
Section 1.01 Definitions.The following terms will have the meanings indicated below unless the context clearly requires otherwise:
"Additional Schedule"refers to the proper execution of additional schedules to Exhibit A and Exhibit B,as well as other exhibits or documents that may be required by the Obligee all of
which relate to the financing of additional Equipment.
"Budget Year"means the Obligor's fiscal year.
"Commencement Date"is the date when Obligor's obligation to pay Contract Payments begins.
"Contract"means this Government Obligation Contract and all Exhibits attached hereto,all addenda,modifications,schedules,refinancings,guarantees and all documents relied upon by
Obligee prior to execution of this Contract.
"Contract Payments"means the payments Obligor is required to make under this Contract as set forth on Exhibit B.
"Contract Term"means the Original Term and all Renewal Terms.
"Exhibit"includes the Exhibits attached hereto,and any"Additional Schedule',whether now existing or subsequently created.
"Equipment"means all of the items of Equipment listed on Exhibit A and any Additional Schedule,whether now existing or subsequently created, and all replacements,restorations,
modifications and improvements.
"Government"as used in the title hereof means a State or a political subdivision of the State within the meaning of Section 103(a)of the Internal Revenue Code of 1986,as amended
("Code"),or a constituted authority or district authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103-1(b),
or a qualified volunteer fire company within the meaning of section 150(e)(1)of the Code.
"Obligee"means the entity originally listed above as Obligee or any of its assignees.
"Obligor"means the entity listed above as Obligor and which is financing the Equipment through Obligee under the provisions of this Contract.
"Original Term"means the period from the Commencement Date until the end of the Budget Year of Obligor.
"Purchase Price"means the total cost of the Equipment,including all delivery charges,installation charges,legal fees,financing costs,recording and filing fees and other costs necessary to
vest full,clear legal title to the Equipment in Obligor,subject to the security interest granted to and retained by Obligee as set forth in this Contract,and otherwise incurred in connection
with the financing of this Equipment.
"Renewal Term"means the annual term which begins at the end of the Original Term and which is simultaneous with Obligor's Budget Year and each succeeding Budget Year for the number
of Budget Years necessary to comprise the Contract Term.
"State"means the state in which Obligor is located.
II. Obligor Warranties
Section 2.01 Obligor represents,warrants and covenants as follows for the benefit of Obligee or its assignees:
(a) Obligor is an"issuer of tax exempt obligations'because Obligor is the State or a political subdivision of the State within the meaning of Section 103(a)of the Internal Revenue Code of
1986,as amended,(the"Code")or because Obligor is a constituted authority or district authorized to issue obligations on behalf of the State or political subdivision of the State within
the meaning of Treasury Regulation 1.103-1(b),or a qualified volunteer fire company within the meaning of section 150(e)(1)of the Code.
(b) Obligor has complied with any requirement for a referendum and/or competitive bidding.
(c) Obligor has complied with all statutory laws and regulations that may be applicable to the execution of this Contract;Obligor,and its officer executing this Contract,are authorized
under the Constitution and laws of the State to enter into this Contract and have used and followed all proper procedures of its governing body in executing and delivering this
Contract. The officer of Obligor executing this Contract has the authority to execute and deliver this Contract. This Contract constitutes a legal,valid,binding and enforceable
obligation of the Obligor in accordance with its terms.
(d) Obligor shall use the Equipment only for essential,traditional government purposes.
(e) Should the IRS disallow the tax-exempt status of the interest portion of the Contract Payments as a result of the failure of the Obligor to use the Equipment for governmental
purposes,or should the Obligor cease to be an issuer of tax exempt obligations,or should the obligation of Obligor created under this Contract cease to be a tax exempt obligation for
any reason,then Obligor shall be required to pay additional sums to the Obligee or its assignees so as to bring the after tax yield on this Contract to the same level as the Obligee or its
assignees would attain ifthe transaction continued to be tax-exempt.
(f) Obligor has never non-renewed funds under a contract similar to this Contract.
(g) Obligor will submit to the Secretary of the Treasury an information reporting statement as required by the Code.
(h) Upon request by Obligee,Obligor will provide Obligee with current financial statements,reports,budgets or other relevant fiscal information.
(i) Obligor shall retain the Equipment free of any hazardous substances as defined in the Comprehensive Environmental Response,Compensation and Liability Act,42 U.S.C.9601 et.seq.
as amended and supplemented.
(j) Obligor hereby warrants the General Fund of the Obligor is the primary source of funds or a backup source of funds from which the Contract Payments will be made.
(k) Obligor presently intends to continue this Contract for the Original Term and all Renewal Terms as set forth on Exhibit B hereto. The official of Obligor responsible for budget
preparation will include in the budget request for each Budget Year the Contract Payments to become due in such Budget Year,and will use all reasonable and lawful means available
to secure the appropriation of money for such Budget Year sufficient to pay the Contract Payments coming due therein. Obligor reasonably believes that moneys can and will lawfully
be appropriated and made available for this purpose.
(1) Obligor has selected both the Equipment and the vendor(s)from whom the Equipment is to be purchased upon its own judgment and without reliance on any manufacturer,
merchant,vendor or distributor,or agent thereof,of such equipment to the public.
(m) Obligor owns free and clear of any liens any additional collateral pledged,subject only to the lien described herein;Obligor has not and will not,during the Contract Term,create,
permit,incur or assume any levies,liens or encumbrances of any kind with respect to the Equipment and any additional collateral except those created by this Contract.
Section 2.02 Escrow Agreement.In the event both Obligee and Obligor mutually agree to utilize an Escrow Account,then immediately following the execution and delivery of this Contract,
Obligee and Obligor agree to execute and deliver and to cause Escrow Agent to execute and deliver the Escrow Agreement. This Contract shall take effect only upon execution and delivery
of the Escrow Agreement by the parties thereto. Obligee shall deposit or cause to be deposited with the Escrow Agent for credit to the Equipment Acquisition Fund the sum of N/A,which
shall be held,invested and disbursed in accordance with the Escrow Agreement.
III. Acquisition of Equipment,Contract Payments and the Purchase Option Price
Section 3.01 Acquisition and Acceptance.Obligor shall be solely responsible for the ordering of the Equipment and for the delivery and installation of the Equipment.Execution of the
Acceptance Certificate or,alternatively,Payment Request and Equipment Acceptance Form,by a duly authorized representative of Obligor,shall constitute acceptance of the Equipment on
behalf of the Obligor.
Section 3.02 Contract Payments.Obligor shall pay Contract Payments exclusively to Obligee or its assignees in lawful,legally available money of the United States of America. The Contract
Payments shall be sent to the location specified by the Obligee or its assignees. The Contract Payments shall constitute a current expense of the Obligor and shall not constitute an
indebtedness of the Obligor. The Contract Payments,payable without notice or demand,are due as set forth on Exhibit B. Obligee shall have the option to charge interest at the highest
lawful rate on any Contract Payment received later than the due date for the number of days that the Contract Payment(s)were late,plus any additional accrual on the outstanding balance
for the number of days that the Contract Payment(s)were late.Obligee shall also have the option,on monthly payments only,to charge a late fee of up to 10%of the monthly Contract
Payment that is past due.Furthermore,Obligor agrees to pay any additional fees/costs incurred by Obligee relating to Obligor's requirement that a certain payment mechanism be utilized.
Once all amounts due Obligee hereunder have been received,Obligee will release any and all of its rights,title and interest in the Equipment.
SECTION 3.03 Contract Payments Unconditional.Except as provided under Section 4.01,THE OBLIGATIONS OF OBLIGOR TO MAKE CONTRACT PAYMENTS AND TO PERFORM AND OBSERVE
THE OTHER COVENANTS CONTAINED IN THIS CONTRACT SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT,DIMINUTION,DEDUCTION,SET-OFF,OR SUBJECT
TO DEFENSE OR COUNTERCLAIM.
Section 3.04 Purchase Option Price.Upon thirty(30)days written notice,Obligor shall have the option to pay,in addition to the Contract Payment,the corresponding Purchase Option Price
which is listed on the same line on Exhibit B.This option is only available to the Obligor on the Contract Payment date and no partial prepayments are allowed. If Obligor chooses this option
and pays the Purchase Option Price to Obligee then Obligee will transfer any and all of its rights,title and interest in the Equipment to Obligor.
Section 3.05 Contract Term.The Contract Term shall be the Original Term and all Renewal Terms until all the Contract Payments are paid as set forth on Exhibit B except as provided under
Section 4.01 and Section 9.01 below. If,after the end of the budgeting process which occurs at the end of the Original Term or any Renewal Term,Obligor has renewed as provided for in
this Contract then the Contract Term shall be extended into the next Renewal Term and the Obligor shall be obligated to make all the Contract Payments that come due during such Renewal
Term.
Section 3.06 Disclaimer of Warranties. OBLIGEE MAKES NO WARRANTY OR REPRESENTATION,EITHER EXPRESS OR IMPLIED,AS TO THE VALUE,DESIGN,CONDITION,MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT TO THE EQUIPMENT. OBLIGEE IS NOT A MANUFACTURER,VENDOR OR DISTRIBUTER,OR AGENTTHEREOF,OF
SUCH EQUIPMENT;NOR IS OBLIGEE A MERCHANT OR IN THE BUSINESS OF DISTRIBUTING SUCH EQUIPMENT TO THE PUBLIC. OBLIGEE SHALL NOT BE LIABLE FOR ANY INCIDENTAL,INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF THE INSTALLATION,OPERATION,POSSESSION,STORAGE OR USE OF THE EQUIPMENT BY OBLIGOR.
IV. Non-Renewal
Section 4.01 Non-Renewal.The Contract shall terminate absolutely and without further obligation on the part of the Obligor at the end of each Budget Year during the Contract Term unless
it is automatically renewed asset forth below. If Obligor chooses to not renew,then all obligations of the Obligor under this Contract regarding Contract Payments for all remaining Renewal
Terms shall be terminated at the end of the then current Budget Year without penalty or liability to the Obligor of any kind provided that if Obligor has not delivered possession of the
Equipment to Obligee as provided herein and conveyed to Obligee or released its interest in the Equipment by the end of the last Budget Year for which Contract Payments were paid,the
termination shall nevertheless be effective but Obligor shall be responsible for the payment of damages in an amount equal to the amount of the Contract Payments thereafter coming due
under Exhibit B which are attributable to the number of days after such Budget Year during which Obligor fails to take such actions and for any other loss suffered by Obligee as a result of
Obligor's failure to take such actions as required.This Contract will automatically renew at the end of each Budget Year unless positive action is taken by Obligor as evidenced by a resolution
passed by the Obligor's governing body to terminate the Contract. Obligor shall immediately notify the Obligee as soon as the decision to non-renew is made. If such non-renewal occurs,
then Obligor shall deliver the Equipment to Obligee as provided below in Section 9.04. Obligor shall be liable for all damage to the Equipment other than normal wear and tear. If Obligor
fails to deliver the Equipment to Obligee,then Obligee may enter the premises where the Equipment is located and take possession of the Equipment and charge Obligor for costs incurred.
Anything contained herein to the contrary notwithstanding,the parties acknowledge and agree that the financial obligations of Obligor under this contract beyond the current fiscal year are
subject to annual appropriation by the governing body of Obligor and shall not constitute or give rise to a general obligation or other indebtedness of Obligor within the meaning of any
constitutional or statutory provision or limitation of the State of Colorado nor a mandatory charge or requirement against Obligor in any ensuing fiscal year beyond the current fiscal year. If
the governing body of Obligor shall fail to budget and appropriate funds for payment of amounts due in subsequent fiscal years,this contract shall terminate as of the end of the fiscal year
for which such funds were last budgeted and appropriated,subject to Obligor's continuing obligation to deliverthe Equipment to Obligee as provided herein.
V. Insurance,Damage,Insufficiency of Proceeds
Section 5.01 Insurance. Obligor shall maintain both casualty insurance and liability insurance at its own expense with respect to the Equipment. Obligor shall be solely responsible for
selecting the insurer(s)and for making all premium payments and ensuring that all policies are continuously kept in effect during the period when Obligor is required to make Contract
Payments. Obligor shall provide Obligee with a Certificate of Insurance which lists the Obligee and/or assigns as a loss payee and an additional insured on the policies with respect to the
Equipment.
(a) Obligor shall insure the Equipment against any loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any
other risks reasonably required by Obligee in an amount at least equal to the then applicable Purchase Option Price of the Equipment. Alternatively,Obligor may insure the Equipment
under a blanket insurance policy or policies.
(b) The liability insurance shall insure Obligee from liability and property damage in any form and amount satisfactory to Obligee.
(c) Obligor may self-insure against the casualty risks and liability risks described above. If Obligor chooses this option,Obligor must furnish Obligee with a certificate and/or other
documents which evidences such coverage.
(d) All insurance policies issued or affected by this Section shall be so written or endorsed such that the Obligee and its assignees are named additional insureds and loss payees and that
all losses are payable to Obligor and Obligee or its assignees as their interests may appear. Each policy issued or affected by this Section shall contain a provision that the insurance
company shall not cancel or materially modify the policy without first giving thirty(30)days advance notice to Obligee or its assignees. Obligor shall furnish to Obligee certificates
evidencing such coverage throughout the Contract Term.
Section 5.02 Damage to or Destruction of Equipment.Obligor assumes the risk of loss or damage to the Equipment. If the Equipment or any portion thereof is lost,stolen,damaged,or
destroyed by fire or other casualty,Obligor will immediately report all such losses to all possible insurers and take the proper procedures to obtain all insurance proceeds. At the option of
Obligee,Obligor shall either(1)apply the Net Proceeds to replace,repair or restore the Equipment or(2)apply the Net Proceeds to the applicable Purchase Option Price. For purposes of
this Section and Section 5.03,the term Net Proceeds shall mean the amount of insurance proceeds collected from all applicable insurance policies after deducting all expenses incurred in the
collection thereof.
Section 5.03 Insufficiency of Net Proceeds. If there are no Net Proceeds for whatever reason or if the Net Proceeds are insufficient to pay in full the cost of any replacement,repair,
restoration, modification or improvement of the Equipment,then Obligor shall, at the option of Obligee, either(1) complete such replacement, repair, restoration, modification or
improvement and pay any costs thereof in excess of the amount of the Net Proceeds or(2)apply the Net Proceeds to the Purchase Option Price and pay the deficiency,if any,to the Obligee.
Section 5.04 Obligor Negligence. Obligor assumes all risks and liabilities,whether or not covered by insurance,for loss or damage to the Equipment and for injury to or death of any person
or damage to any property whether such injury or death be with respect to agents or employees of Obligor or of third parties,and whether such property damage be to Obligor's property or
the property of others (including, without limitation, liabilities for loss or damage related to the release or threatened release of hazardous substances under the Comprehensive
Environmental Response,Compensation and Liability Act,the Resource Conservation and Recovery Act or similar or successor law or any State or local equivalent now existing or hereinafter
enacted which in any manner arise out of or are incident to any possession,use,operation,condition or storage of any Equipment by Obligor),which is proximately caused by the negligent
conduct of Obligor,its officers,employees and agents.
Section 5.05 Indemnification. Obligor hereby assumes responsibility for and agrees to reimburse Obligee for all liabilities,obligations,losses,damages,penalties,claims,actions,costs and
expenses(including reasonable attorneys'fees)of whatsoever kind and nature,imposed on,incurred by or asserted against Obligee that in any way relate to or arise out of a claim,suit or
proceeding,based in whole or in part upon the negligent conduct of Obligor,its officers,employees and agents,or arose out of installation,operation,possession,storage or use of any item
of the Equipment,to the maximum extent permitted by law.
VI. Title and Security Interest
Section 6.01 Title.Title to the Equipment shall vest in Obligor when Obligor acquires and accepts the Equipment.Title to the Equipment will automatically transfer to the Obligee in the
event Obligor chooses to not renew under Section 4.01 or in the event Obligor defaults under Section 9.01. In such event,Obligor shall execute and deliver to Obligee such documents as
Obligee may request to evidence the passage of legal title to the Equipment to Obligee.
Section 6.02 Security Interest.To secure the payment of all Obligor's obligations under this Contract,as well as all other obligations,debts and liabilities,plus interest thereon,whether now
existing or subsequently created,Obligor hereby grants to Obligee a security interest under the Uniform Commercial Code constituting a first lien on the Equipment described more fully on
Exhibit A,including any and all additional collateral listed on any other Exhibit A. The security interest established by this section includes not only all additions,attachments,repairs and
replacements to the Equipment but also all proceeds therefrom.Obligor authorizes Obligee to prepare and record any Financing Statement required under the Uniform Commercial Code to
perfect the security interest created hereunder. Obligor agrees that any Equipment listed on Exhibit A is and will remain personal property and will not be considered a fixture even if
attached to real property.
VII. Assignment
Section 7.01 Assignment by Obligee.All of Obligee's rights,title and/or interest in and to this Contract may be assigned and reassigned in whole or in part to one or more assignees or sub-
assignees by Obligee at any time without the consent of Obligor. No such assignment shall be effective as against Obligor until the assignor shall have filed with Obligor written notice of
assignment identifying the assignee. Obligor shall pay all Contract Payments due hereunder relating to such Equipment to or at the direction of Obligee or the assignee named in the notice
of assignment. Obligor shall keep a complete and accurate record of all such assignments.
Section 7.02 Assignment by Obligor. None of Obligor's right,title and interest under this Contract and in the Equipment may be assigned by Obligor unless Obligee approves of such
assignment in writing before such assignment occurs and only after Obligor first obtains an opinion from nationally recognized counsel stating that such assignment will not jeopardize the
tax-exempt status of the obligation.
VIII. Maintenance of Equipment
Section 8.01 Equipment.Obligor shall keep the Equipment in good repair and working order,and as required by manufacturer's and warranty specifications. If Equipment consists of
copiers,Obligor is required to enter into a copier maintenance/service agreement. Obligee shall have no obligation to inspect,test,service,maintain,repair or make improvements or
additions to the Equipment under any circumstances. Obligor will be liable for all damage to the Equipment,other than normal wear and tear,caused by Obligor,its employees or its agents.
Obligor shall pay for and obtain all permits,licenses and taxes necessary for the installation,operation,possession,storage or use of the Equipment. If the Equipment includes any titled
vehicle(s),then Obligor is responsible for obtaining such title(s)from the State and also for ensuring that Obligee is listed as First Lienholder on all of the title(s). Obligor shall not use the
Equipment to haul,convey or transport hazardous waste as defined in the Resource Conservation and Recovery Act,42 U.S.C.6901 et.seq. Obligor agrees that Obligee or its Assignee may
execute any additional documents including financing statements,affidavits,notices,and similar instruments,for and on behalf of Obligor which Obligee deems necessary or appropriate to
protect Obligee's interest in the Equipment and in this Contract.Obligor shall allow Obligee to examine and inspect the Equipment at all reasonable times.
IX. Default
Section 9.01 Events of Default defined.The following events shall constitute an"Event of Default"under this Contract:
(a) Failure by Obligor to pay any Contract Payment listed on Exhibit B for fifteen(15)days after such payment is due according to the Payment Date listed on Exhibit B.
(b) Failure to pay any other payment required to be paid under this Contract at the time specified herein and a continuation of said failure for a period of fifteen(15)days after written
notice by Obligee that such payment must be made. If Obligor continues to fail to pay any payment after such period,then Obligee may,but will not be obligated to,make such
payments and charge Obligor for all costs incurred plus interest at the highest lawful rate.
(c) Failure by Obligor to observe and perform any warranty,covenant,condition,promise or duty under this Contract for a period of thirty(30)days after written notice specifying such
failure is given to Obligor by Obligee,unless Obligee agrees in writing to an extension of time. Obligee will not unreasonably withhold its consent to an extension of time if corrective
action is instituted by Obligor. Subsection(c)does not apply to Contract Payments and other payments discussed above.
(d) Any statement,material omission,representation or warranty made by Obligor in or pursuant to this Contract which proves to be false,incorrect or misleading on the date when made
regardless of Obligor's intent and which materially adversely affects the rights or security of Obligee under this Contract.
(e) Any provision of this Contract which ceases to be valid for whatever reason and the loss of such provision would materially adversely affect the rights or security of Obligee.
(f) Except as provided in Section 4.01 above,Obligor admits in writing its inability to pay its obligations.
(g) Obligor defaults on one or more of its other obligations.
(h) Obligor becomes insolvent,is unable to pay its debts as they become due,makes an assignment for the benefit of creditors,applies for or consents to the appointment of a receiver,
trustee,conservator,custodian,or liquidator of Obligor,or all or substantially all of its assets,or a petition for relief is filed by Obligor under federal bankruptcy,insolvency or similar
laws,or is filed against Obligor and is not dismissed within thirty(30)days thereafter.
Section 9.02 Remedies on Default.Whenever any Event of Default exists,Obligee shall have the right to take one or any combination of the following remedial steps:
(a) With or without terminating this Contract,Obligee may declare all Contract Payments and other amounts payable by Obligor hereunder to the end of the then current Budget Year to
be immediately due and payable.
(b) With or without terminating this Contract,Obligee may require Obligor at Obligor's expense to redeliver any or all of the Equipment and any additional collateral to Obligee as
provided below in Section 9.04. Such delivery shall take place within fifteen(15)days after the Event of Default occurs.If Obligor fails to deliver the Equipment and any additional
collateral,Obligee may enter the premises where the Equipment and any additional collateral is located and take possession of the Equipment and any additional collateral and charge
Obligor for cost incurred. Notwithstanding that Obligee has taken possession of the Equipment and any additional collateral,Obligor shall still be obligated to pay the remaining
Contract Payments due up until the end of the then current Original Term or Renewal Term. Obligor will be liable for any damage to the Equipment and any additional collateral
caused by Obligor or its employees or agents.
(c) Obligee may take whatever action at law or in equity that may appear necessary or desirable to enforce its rights. Obligor shall be responsible to Obligee for all costs incurred by
Obligee in the enforcement of its rights under this Contract including,but not limited to,reasonable attorney fees.
Section 9.03 No Remedy Exclusive. No remedy herein conferred upon or reserved to Obligee is intended to be exclusive and every such remedy shall be cumulative and shall be in addition
to every other remedy given under this Contract now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any
such right or shall be construed to be a waiverthereof.
Section 9.04 Return of Equipment and Storage.
(a) Surrender:The Obligor shall,at its own expense,surrender the Equipment,any Additional Collateral and all required documentation to evidence transfer of title from Obligor to the
Obligee in the event of a default or a non-renewal by delivering the Equipment and any Additional Collateral to the Obligee to a location accessible by common carrier and designated
by Obligee. In the case that any of the Equipment and any Additional Collateral consists of software,Obligor shall destroy all intangible items constituting such software and shall
deliver to Obligee all tangible items constituting such software. At Obligee's request,Obligor shall also certify in a form acceptable to Obligee that Obligor has complied with the above
software return provisions and that they will immediately cease using the software and that they shall permit Obligee and/or the vendor of the software to inspect Obligor's locations
to verify compliance with the terms hereto.
(b) Delivery:The Equipment and any Additional Collateral shall be delivered to the location designated by the Obligee by a common carrier unless the Obligee agrees in writing that a
common carrier is not needed. When the Equipment and any Additional Collateral is delivered into the custody of a common carrier,the Obligor shall arrange for the shipping of the
item and its insurance in transit in accordance with the Obligee's instructions and at the Obligor's sole expense. Obligor at its expense shall completely sever and disconnect the
Equipment and any Additional Collateral or its component parts from the Obligor's property all without liability to the Obligee. Obligor shall pack or crate the Equipment and any
Additional Collateral and all of the component parts of the Equipment and any Additional Collateral carefully and in accordance with any recommendations of the manufacturer. The
Obligor shall deliver to the Obligee the plans,specifications,operation manuals or other warranties and documents furnished by the manufacturer or vendor on the Equipment and
any Additional Collateral and such other documents in the Obligor's possession relating to the maintenance and methods of operation of such Equipment and any Additional Collateral.
(c) Condition:When the Equipment is surrendered to the Obligee it shall be in the condition and repair required to be maintained under this Contract. It will also meet all legal regulatory
conditions necessaryfor the Obligee to sell or lease it to a third party and be free of all liens. If Obligee reasonably determinesthat the Equipment or an item of the Equipment,once it
is returned,is not in the condition required hereby,Obligee may cause the repair,service,upgrade,modification or overhaul of the Equipment or an item of the Equipment to achieve
such condition and upon demand,Obligor shall promptly reimburse Obligee for all amounts reasonably expended in connection with the foregoing.
(d) Storage:Upon written request by the Obligee,the Obligor shall provide free storage for the Equipment and any additional collateral for a period not to exceed 60 days after the
expiration of the Contract Term before returning it to the Obligee. The Obligor shall arrange for the insurance described to continue in full force and effect with respect to such item
during its storage period and the Obligee shall reimburse the Obligor on demand for the incremental premium cost of providing such insurance.
X. Miscellaneous
Section 10.01 Notices.All notices shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail,postage prepaid,to the parties at their respective places
of business as first set forth herein or as the parties shall designate hereafter in writing.
Section 10.02 Binding Effect.Obligor acknowledges this Contract is not binding upon the Obligee or its assignees unless the Conditions to Funding listed on the Documentation Instructions
have been met to Obligee's satisfaction,and Obligee has executed the Contract. Thereafter,this Contract shall inure to the benefit of and shall be binding upon Obligee and Obligor and
their respective successors and assigns.
Section 10.03 Severability.In the event any provision of this Contract shall be held invalid or unenforceable by any court of competent jurisdiction,such holding shall not invalidate or render
unenforceable any other provision hereof.
Section 10.04 Amendments,Addenda,Changes or Modifications.This Contract may be amended,added to,changed or modified by written agreement duly executed by Obligee and
Obligor. Furthermore, Obligee reserves the right to directly charge or amortize into the remaining balance due from Obligor, a reasonable fee,to be determined at that time, as
compensation to Obligee for the additional administrative expense resulting from such amendment,addenda,change or modification.
Section 10.05 Execution in Counterparts.This Contract may be simultaneously executed in several counterparts,each of which shall be an original and all of which shall constitute but one
and the same instrument.
Section 10.06 Captions.The captions or headings in this Contract do not define,limit or describe the scope or intent of any provisions or sections of this Contract.
Section 10.07 Master Contract.This Contract can be utilized as a Master Contract. This means that the Obligee and the Obligor may agree to the financing of additional Equipment under
this Contract at some point in the future by executing one or more Additional Schedules to Exhibit A and Exhibit B,as well as other exhibits or documents that may be required by Obligee.
Additional Schedules will be consecutively numbered on each of the exhibits which make up the Additional Schedule and all the terms and conditions of the Contract shall govern each
Additional Schedule.
Section 10.08 Entire Writing.This Contract constitutes the entire writing between Obligee and Obligor. No waiver,consent,modification or change of terms of this Contract shall bind either
party unless in writing and signed by both parties,and then such waiver,consent,modification or change shall be effective only in the specific instance and for the specific purpose given.
There are no understandings,agreements,representations,conditions,or warranties,express or implied,which are not specified herein regarding this Contract,the Equipment or any
additional collateral,financed hereunder.Any terms and conditions of any purchase order or other documents submitted by Obligor in connection with this Contract which are in addition to
or inconsistent with the terms and conditions of this Contract will not be binding on Obligee and will not apply to this Contract.
Obligee and Obligor have caused this Contract to be executed in their names by their duly authorized representatives listed below.
Town of Fraser, Colorado Kansas State Bank of Manhattan
Signature Signature
Marsha Jarvis,Vice President
Printed Name and Title Printed Name and Title
Schedule(01)
EXHIBIT A
DESCRIPTION OF EQUIPMENT
RE: Government Obligation Contract dated as of September 1,2013,between Kansas State Bank of Manhattan(Obligee)and Town of Fraser,
Colorado(Obligor)
Below is a detailed description of all the items of Equipment including quantity,model number and serial number where applicable:
One(1)Elgin Eagle Waterless Sweeper,SN:FW2792D
Physical Address of Equipment after Delivery: 153 Fraser Avenue,Fraser,CO 80442
Schedule(01)
EXHIBIT B
PAYMENT SCHEDULE
RE: Government Obligation Contract dated as of September 1,2013,between Kansas State Bank of Manhattan(Obligee)and Town of Fraser,
Colorado(Obligor)
Date of First Payment: At Closing
Original Balance: $215,745.00
Total Number of Payments: Five(5)
Number of Payments Per Year: One(1)
Pmt Due Contract Applied to Applied to *Purchase
No. Date Payment Interest Principal Option Price
1 At Closing $45,417.87 $0.00 $45,417.87 $171,853.29
2 01-Sep-14 $45,417.87 $4,479.61 $40,938.26 $130,319.30
3 01-Sep-15 $45,417.87 $3,402.93 $42,014.94 $87,846.65
4 01-Sep-16 $45,417.87 $2,297.94 $43,119.93 $44,414.11
5 01-Sep-17 $45,417.87 $1,163.87 $44,254.00 $0.00
Town of Fraser, Colorado
Signature
Printed Name and Title
*Assumes all Contract Payments due to date are paid
Schedule(01)
EXHIBIT C
CERTIFICATE OF ACCEPTANCE
RE: Government Obligation Contract dated as of September 1,2013,between Kansas State Bank of Manhattan(Obligee)and Town of Fraser,
Colorado(Obligor)
I,the undersigned, hereby certify that I am a duly qualified representative of Obligor and that I have been given the authority by the Governing
Body of Obligor to sign this Certificate of Acceptance with respect to the above referenced Contract. I hereby certify that:
1. The Equipment described on Exhibit A has been delivered and installed in accordance with Obligor's specifications.
2. Obligor has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that
it accepts the Equipment for all purposes.
3. Obligor has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Contract Payments required to
be paid under the Contract during the current Budget Year of Obligor, and such moneys will be applied in payment of all Contract Payments
due and payable during such current Budget Year.
4. Obligor has obtained insurance coverage as required under the Contract from an insurer qualified to do business in the State.
5. No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof.
6. The governing body of Obligor has approved the authorization, execution and delivery of this Contract on its behalf by the authorized
representative of Obligor who signed the Contract.
7. Please list the Source of Funds(Fund Item in Budget)for the Contract Payments that come due under Exhibit B of this Contract.
Source of Funds: Capital Equipment Replacement Fund
By signing below,Obligor hereby authorizes the General Fund of the Obligor as a backup source of funds from which the Contract Payments can be
made.
Town of Fraser, Colorado
Signature
Printed Name and Title
Schedule(01)
EXHIBIT D
OBLIGOR RESOLUTION
RE: Government Obligation Contract dated as of September 1,2013,between Kansas State Bank of Manhattan(Obligee)and Town of Fraser,
Colorado(Obligor)
At a duly called meeting of the Governing Body of the Obligor(as defined in the Contract) held on the following
resolution was introduced and adopted:
BE IT RESOLVED by the Governing Body of Obligor as follows:
1. Determination of Need. The Governing Body of Obligor has determined that a true and very real need exists for the acquisition of the
Equipment described on Exhibit A of the Government Obligation Contract dated as of September 1, 2013, between Town of Fraser,Colorado
(Obligor)and Kansas State Bank of Manhattan (Obligee).
2. Approval and Authorization. The Governing Body of Obligor has determined that the Contract, substantially in the form presented to this
meeting, is in the best interests of the Obligor for the acquisition of such Equipment, and the Governing Body hereby approves the entering
into of the Contract by the Obligor and hereby designates and authorizes the following person(s) to execute and deliver the Contract on
Obligor's behalf with such changes thereto as such person(s) deem(s) appropriate, and any related documents, including any Escrow
Agreement,necessary to the consummation of the transaction contemplated by the Contract.
Authorized Individual(s):
(Printed or Printed Name and Title of individual(s)authorized to execute the Contract)
3. Adoption of Resolution.The signatures below from the designated individuals from the Governing Body of the Obligor evidence the adoption
by the Governing Body of this Resolution.
Signature:
(Signature of Secretary,Board Chairman or other member of the Governing Body)
Printed Name&Title:
(Printed Name and Title of individual who signed directly above)
Attested By:
(Signature of one additional person who can witness the passage of this Resolution)
Printed Name&Title:
(Printed Name of individual who signed directly above)
Schedule(01)
EXHIBIT E
BANK QUALIFIED CERTIFICATE
RE: Government Obligation Contract dated as of September 1,2013,between Kansas State Bank of Manhattan(Obligee)and Town of Fraser,
Colorado(Obligor)
Whereas, Obligor hereby represents that it is a "Bank Qualified" Issuer for the calendar year in which this Contract is executed by making the
following designations with respect to Section 265 of the Internal Revenue Code. (A "Bank Qualified Issuer" is an issuer that issues less than ten
million($10,000,000)dollars of tax-exempt obligations during the calendar year).
Now,therefor,Obligor hereby designates this Contract as follows:
1. Designation as Qualified Tax-Exempt Obligation. Pursuant to Section 265(b)(3)(B)(i) of the Internal Revenue Code of 1986 as amended (the
"Code"),the Obligor hereby specifically designates the Contract as a "qualified tax-exempt obligation"for purposes of Section 265(b)(3)of the
Code. In compliance with Section 265(b)(3)(D) of the Code, the Obligor hereby represents that the Obligor will not designate more than
$10,000,000 of obligations issued by the Obligor in the calendar year during which the Contract is executed and delivered as such "qualified
tax-exempt obligations".
2. Issuance Limitation. In compliance with the requirements of Section 265(b)(3)(C) of the Code,the Obligor hereby represents that the Obligor
(including all subordinate entities of the Obligor within the meaning of Section 265(b)(3)(E)of the Code) reasonably anticipates not to issue in
the calendar year during which the Contract is executed and delivered, obligations bearing interest exempt from federal income taxation
under Section 103 of the Code (other than "private activity bonds" as defined in Section 141 of the Code) in an amount greater than
$10,000,000.
Town of Fraser, Colorado
Signature
Printed Name and Title
INSURANCE REQUIREMENTS
Pursuant to Article V of the Government Obligation Contract, you have agreed to provide us evidence of insurance covering the
Equipment.
A Certificate of Insurance listing the information stated below should be sent to us no later than the date on which the equipment is
delivered.
Insured: Certificate Holder:
Town of Fraser,Colorado Kansas State Bank of Manhattan
153 Fraser Avenue 1010 Westloop, P.O. Box 69
Fraser,Colorado 80442 Manhattan, Kansas 66505-0069
1. Equipment Description
♦ One(1)Elgin Eagle Waterless Sweeper,SN:FW2792D
♦ Please include all applicable VIN'S,serial numbers,etc.
2. Deductible
♦ The deductible amounts on the insurance policy should not exceed$10,000.00.
3. Physical Damage
♦ All risk coverage to guarantee proceeds of at least$215,745.00.
4. Liability
♦ Minimum Combined Single Limit of$1,000,000.00 combined single-limit on bodily injury and property damage.
5. Additional Insured and Loss Payee
♦ Kansas State Bank and/or Its Assigns MUST be listed as additional insured and loss payee.
Please forward certificate as soon as possible to: Fax: (785)587-4016
or
Email:azarger @ksstatebank.com
Please complete the information below and return this form along with the Contract.
Town of Fraser,Colorado
Insurance Company:
Agent's Name:
Telephone#:
Fax#:
Address:
City,State Zip:
Email:
*PREFERRED*
*As an additional payment option for Obligor, we are now providing the option of ACH (Automatic Clearing House). By completing this form,
Obligor is authorizing Obligee to withdraw said payment amount on said date.
DEBIT AUTHORIZATION
I hereby authorize Kansas State Bank Government Finance Department to initiate debit entries,and, if necessary,to reinitiate returned entries up
to two additional times,to the account indicated below at the financial institution named below and to debit the same to such account for:
Contract Number Payment Amount Frequency of Payments
3345642 $45,417.87 Annual
Beginning Day of Month(please choose one)
Month Year 1s`❑ 5`h❑ 15`h❑ 20`h❑
I acknowledge that the origination of ACH transactions to this account must comply with the provisions of U.S.law.
Financial Institution Name Branch
Address City State Zip
Routing Number Account Number
Type of Account ❑Checking ❑Savings
This authority is to remain in full force and effect until Kansas State Bank has received written notification from any authorized signer of the
account of its termination in such time and manner as to afford Kansas State Bank a reasonable opportunity to act on it.
Obligor Name on Contract
Town of Fraser,Colorado
Signature Printed Name and Title
Tax ID Number Date
84-0574911
PLEASE ATTACH COPY OF A VOIDED CHECK TO THIS FORM!
USA Patriot Act
USA Patriot Act requires identity verification for all new accounts. This means that we may require information from you to allow us to make a
proper identification.
we
tateBank
INVOICE
BILL TO:
Town of Fraser, Colorado INVOICE DATE: September 16, 2013
Attn: Accounts Payable CONTRACT NUMBER: 3345642
153 Fraser Avenue PAYMENT AMOUNT: $45,417.87
Fraser, Colorado 80442 PAYMENT DUE DATE: At Closing
DESCRIPTION AMOUNT
Contract Payment $45,417.87
Government Obligation Contract
Dated as of September 1, 2013 for
One(1) Elgin Eagle Waterless Sweeper, SN: FW2792D
Additional interest will be assessed on any payment received after the due date.
j$4 5,417.87
Please remit payment to: Kansas State Bank
Government Finance Dept.
P.O. Box 69
Manhattan, KS 66505-0069
For inquiries: (877) 587-4054
8038 REVIEW FORM
The 8038 form attached hereto is an important part of the documentation package and must be properly filled out and submitted to the
Department of the Treasury in order for you to receive the lower tax-exempt rate. Unless you instruct us otherwise, we have engaged a Paid
Preparer to assist in the filling out of this form. The Paid Preparer has filled out the relevant portions of this form based on the current
understanding of what is required by the Department of the Treasury. The responses on this 8038 form are based on the dates and amounts which
you have requested (structure of the transaction)and which are on the Payment Schedule.
1. Please review our responses for accuracy.If anything is inaccurate,please contact our office so that we can make proper revisions.
2. If the information provided to you on this form is accurate,please sign where indicated and return with the document package.
3. If there are any changes to the structure of the transaction that occur prior to funding which require a change to the 8038 form,we will
make such changes and provide notification to you.
4. We will return to you a copy of the 8038 form that was mailed to the Department of the Treasury.
Important Note:
The IRS is now requesting information regarding tax-exempt issuers' and borrowers' written policies and procedures designed to monitor post-
issuance compliance with the federal tax rules applicable to tax-exempt obligations (boxes 43 and 44). Do not check items 43 and 44 on the 8038
form unless you have established written procedures in accordance with the instructions referenced directly below. If you choose to"check"items
43 and/or 44,please be prepared to provide copies of such written procedures to the Paid Preparer or any representatives of the IRS upon request.
Written procedures should contain certain key characteristics,including making provisions for:
• Due diligence review at regular intervals;
• Identifying the official or employee responsible for review;
•Training of the responsible official/employee;
• Retention of adequate records to substantiate compliance(e.g.,records relating to expenditure of proceeds);
• Procedures reasonably expected to timely identify noncompliance;and
• Procedures ensuring that the issuer will take steps to timely correct
noncompliance.
For additional guidance on this 8038 form, you can refer to the Documentation Instructions located on the following government website:
http://www.irs.gov/app/picklist/list/formslnstructions.html,or contact your local IRS office.
Form 8038-G Information Return for Tax-Exempt Governmental Obligations
(Rev.September 2011) ► Under Internal Revenue Code section 149(e) OMB No.1545-0720
Department of the Treasury ► See separate instructions.
Internal Revenue Service Caution:If the issue price is under$100,000, use Form 8038-GC.
Reporting Authority If Amended Return, check here lo-
1 Issuer's name 2 Issuer's employer identification number(EIN)
Town of Fraser,Colorado 84-0574911
3a Name of person(other than issuer)with whom the IRS may communicate about this return(see instructions) 3b Telephone number of other person shown on 3a
4 Number and street(or P.O.box if mail is not delivered to street address) Room/suite 5 Report number(For IRS Use Only)
153 Fraser Avenue 1 3
6 City,town,or post office,state,and ZIP code 7 Date of issue
Fraser,Colorado 80442 09/01/2013
8 Name of issue 9 CUSIP number
Government Obligation Contract None
10a Name and title of officer or other employee of the issuer whom the IRS may call for more information(seE 10b Telephone number of officer or other
instructions) employee shown on 10a
Type of Issue(enter the issue price). See the instructions and attach schedule.
11 Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
12 Health and hospital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14 Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
15 Environment(including sewage bonds) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
17 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Other. Describe ► One(1)Elgin Eagle Waterless Sweeper,SN: FW2792D 18 216,032 06
19 If obligations are TANs or RANs,check only box 19a . . . . . . . . . . . . . . . . . . . . . ► ❑
If obligations are BANs,check only box 19b . . . . . . . . . . . . . . . . . . . . . . . . . ► ❑
20 If obligations are in the form of a lease or installment sale,check box . . . . . . . . . . . . . . . ► Q
Description of Obligations.Complete for the entire issue for which this form is being filed.
(a)Final maturity date (b)issue price (c)Stated redemption (d)Weighted (e)Yield
price at maturity average maturity
21 09/01/2017 $ 216,032.06 $ N/A 4.000 years 2.630 %
Uses of Proceeds of Bond Issue(including underwriters' discount)
22 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
23 Issue price of entire issue(enter amount from line 21,column(b)) . . . . . . . . . . . . 23
24 Proceeds used for bond issuance costs(including underwriters'discount) . . . . 24
25 Proceeds used for credit enhancement . . . . . . . . . . . . . . . . . . 25
26 Proceeds allocated to reasonably required reserve or replacement fund . . . . . 26
27 Proceeds used to currently refund prior issues . . . . . . . . . . . . . . . 27
28 Proceeds used to advance refund prior issues . . . . . . . . . . . . . . . 28
29 Total(add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
30 Nonrefunding proceeds of the issue subtract line 29 from line 23 and enter amount here . 30
Description of Refunded Bonds.Complete this part only for refunding bonds.
31 Enter the remaining weighted average maturity of the bonds to be currently refunded . . . . . . . . . . . . ► years
32 Enter the remaining weighted average maturity of the bonds to be advance refunded . . . . . . . . . . . . ► years
33 Enter the last date on which the refunded bonds will be called(MM/DD/YYYY) . . . . . . . . . . . . . . ►
34 Enter the date(s)the refunded bonds were issued ► (MM/DD/YYYY)
. . . . . . . . . . . . . . . . .
For Paperwork Reduction Act Notice,see separate instructions. Cat. No.63773S Form 8038-G (Rev.9-2011)
Form 8038-G Rev.9-2011 Page 2
EMPM Miscellaneous
35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . . . . . . . . . . 35
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC)
(see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36a
b Enter the final maturity date of the GIC ►
c Enter the name of the GIC provider►
37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans
to other governmental units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
38a If this issue is a loan made from the proceeds of another tax-exempt issue,check box lo. [I and enter the following information:
b Enter the date of the master pool obligation ►
c Enter the EIN of the issuer of the master pool obligation ►
d Enter the name of the issuer of the master pool obligation ►
39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III)(small issuer exception),check box . . . . . . . . . . . . ► Q
40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate,check box . . . . . . . . . . . . . . . . . . . . . . . ► ❑
41a If the issuer has identified a hedge,check here ► ❑ and enter the following information:
b Name of hedge provider ►
c Type of hedge ►
d Term of hedge ►
42 If the issuer has superintegrated the hedge,check box . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ► ❑
43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated
according to the requirements under the Code and Regulations(see instructions),check box . . . . . . . . . . . . . . . . ► ❑
44 If the issuer has established written procedures to monitor the requirements of section 148,check box . . . . . . . . . . . . ► ❑
45a If some portion of the proceeds was used to reimburse expenditures,check here ► ❑ and enter the amount
of reimbursement. . . . . . . . . . . ►
b Enter the date the official intent was adopted ►
Under penalties of perjury,I declare that I have examined this return and accompanying schedules and statements,and to the best of my knowledge
Signature and belief,they are true,correct,and complete.I further declare that I consent to the IRS's disclosure of the issuer's return information,as necessary to
and process this return,to the person that I have authorized above.
Consent
Signature of issuers authorized representative Date Type or print name and title
Print/Type preparers name Preparer's signature Date PTIN
Paid j Check 11 if
H. Evan Howe ��` ` � 09/16/2013 self-employed
Preparer p01438994
Use Only Firm's Name► Ba stone Financial LLC I Firm's EIN► 48-1223987
Firm's Address► 5350 College Blvd.,Overland Park, KS 66211 Phone no. 800 752-3562
Form 8038-G (Rev.9-2011)
INFILTRATION PLAN
This Plan is the result of the cooperative efforts of the Town of Fraser, Grand County
Water and Sanitation District #1, and the Winter Park Ranch Water and Sanitation
District and is intended to establish consistent and coordinated efforts to address
infiltration given its effects on the Upper Fraser Valley Wastewater Treatment Facility.
Infiltration is defined as groundwater or surface water that enters the wastewater
collection system. Infiltration occurs to some degree in all wastewater collections and
treatment systems.
The efforts of all three entities during recent years has in fact resulted in significant
declines in infiltration. However, due to the recent changes in nutrient removal
standards, and the implications of those standards on the permitting and regulations
related to the operations at the Treatment Facility are significant. In order to maintain
compliance with these standards, and maintain the capacity for future growth within the
current plant, our efforts to address infiltration must be increased. Alternatively, the
Treatment Plant will be subject to an additional 7 million dollar upgrade to address
nitrogen removal, and the state will most likely require an expansion of the capacity of
the Treatment Plant (approximately $X million). All three entities are directly affected by
costs related to these matters at the Treatment Plant, and agree that the most cost
effective means of addressing this matter is in the collection systems.
This Plan is intended to outline the steps the entities agree to take in order to reduce
infiltration. This Plan is intended to be reviewed and updated annually pending the
relative success of these measures.
GOAL
While recognizing that infiltration will always be present in the wastewater collection
systems, our primary goal is to implement the most effective and economical means of
addressing infiltration in order to continue to provide for an efficient, effective, and
sustainable wastewater treatment system.
OBJECTIVES
During the remainder of 2013, and the first half of 2014, all entities will work individually
and collectively to identify the actual location and magnitude of infiltration sources.
Thereafter, the entities will work individually and collectively to prioritize problem areas
and develop remedies. During the latter half of 2014 the entities will initiate solutions.
During the latter half of 2014, and into 2015, the entities will continue to monitor
infiltration sources and the effectiveness of implemented solutions on the overall
problem.
The entities all agree to allocate funds to address infiltration and to continue to work
together to refine this plan toward addressing our goals.
An overall map of all three collection systems will be prepared during 2013.
The entities will obtain flow meters and develop a plan for placement and data collection.
This is intended to identify problem areas and priorities.
The entities will continue video survey efforts and coordinate evaluation of the results.
Each entity will implement repairs to its collection system as appropriate. Each entity
retains discretion over its infrastructure, while also recognizing that all three systems
directly impact shared operational and capital costs at the Treatment Plant.
The Plant Manager will amend the workplans to complete the SBR as early as possible.
The Managers will begin to establish targets for an implementation schedule as more
information becomes available.
The Plant Manager may allocate an Excess Treatment Fee for costs that may be
associated with infiltration pursuant to the terms of the Joint Facility Agreement, or as
may be amended. We will continue to evaluate merit of such fees.
Each entity will allocate funds toward implementing this Infiltration Plan.
This plan will be reviewed annually, and presented to the JFOC concurrent with the
presentation of the proposed annual budget.
TOWN OF FRASER
RESOLUTION NO. 2013-10-05
A RESOLUTION APPROVING AN INFILTRATION PLAN IN COOPERATION WITH THE
TOWN OF FRASER, GRAND COUNTY WATER AND SANITATION DISTRICT #1, AND THE
WINTER PARK RANCH WATER AND SANITATION DISTRICT TO ESTABLISH CONSISTENT
AND COORDINATED EFFORTS TO ADDRESS INFILTRATION GIVEN ITS EFFECTS ON
THE UPPER FRASER VALLEY WASTEWATER TREATMENT FACILITY.
WHEREAS, Infiltration is defined as groundwater or surface water that enters the
wastewater collection system. Infiltration occurs to some degree in all wastewater collections
and treatment systems;
WHEREAS, The efforts of all three entities during recent years has in fact resulted in
significant declines in infiltration. However, due to the recent changes in nutrient removal
standards, and the implications of those standards on the permitting and regulations related to
the operations at the Treatment Facility are significant;
WHEREAS, In order to maintain compliance with these standards, and maintain the
capacity for future growth within the current plant, our efforts to address infiltration must be
increased.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO THAT:
1. While recognizing that infiltration will always be present in the wastewater
collection systems, our primary goal is to implement the most effective and
economical means of addressing infiltration in order to continue to provide for an
efficient, effective, and sustainable wastewater treatment system.
2. During the latter half of 2014, and into 2015, the entities will continue to monitor
infiltration sources and the effectiveness of implemented solutions on the overall
problem.
3. The Town of Fraser will allocate funds to address infiltration and continue to
work to refine this plan and address our goals.
DULY MOVED, SECONDED, AND ADOPTED THIS 16th DAY OF OCTOBER, 2013.
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
Mayor
ATTEST:
( SEAL )
Town Clerk
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Northwest Colorado Council of Governments
Regional Broadband Strategic
Plan Overview Draft
18 September 2013
I
oV h T ECONSULTANTS
1953 Nl A 2413
�V
Northwest Colorado Council of At1< VERS RY � 7
Governments Mid-State Consultants
249 Warren Avenue 1475 North 200 West OHlvey
PO Box 2308 PO Box 311 PO Box 1356
Silverthorne, Colorado 80498 Nephi, Utah 84678 Sandy, Utah 84091
(970)468-1208 (435)623-8601 (801) 599-4866
www.nwccog.org www.mscon.com www.oh iveV.com
DRAFT— Northwest Colorado Council of Governments Regional Broadband Strategic Plan
Overview- DRAFT
•
� v
For the purposes of supporting economic development, improving quality of life, and enhancing public
safety,the Northwest Colorado Council of Governments will improve broadband in northwest Colorado
with strategies that increase broadband capacity, improve broadband reliability, and lower broadband
costs. These strategies include:
• Policy Efforts AkX
The COG will support public policies that enhance broadband competition, lower barriers to new
broadband entrants, and encourage expansion of incumbent provider service areas.
Some policy effort actions may include:
P1 Assisting member jurisdictions to implement broadband friendly policies.
P2 Supporting state legislation designed to extend high cost fund support to broadband
development.
P3 Working to ease state restrictions on municipal broadband projects in rural communities.
P4 Developing and supporting primary and secondary revenue generating mechanisms to fund
implementation and sustaining of broadband improvements.
P5 Investigating the relative benefits of regional franchising vs. individual community franchising.
Page 1
DRAFT— Northwest Colorado Council of Governments Regional Broadband Strategic Plan
Overview- DRAFT
• Knowledge Efforts
The COG will engage in developing and disseminating information regarding broadband asset
availability, broadband service availability, and enhancements to quality of life that can be had
through broadband adoption.
Some knowledge actions may include:
K1 Working with GOIT to improve regional broadband mapping.
K2 Working with GOIT and other partners to develop resources to help subscribers find the best
broadband services at prices that meets their individual needs.
K3 Implementing community education efforts to increase adoption rates and increase demand.
• Coordination Efforts
The COG will maximize broadband capital spending efficiency in the region by coordinating public
projects and working with private sector providers to encourage cooperative ventures.
Some coordination effort actions may include:
C1 Coordinating existing and future projects to enhance infrastructure investment efficiencies.
C2 Facilitating interconnectivity between regional middle mile providers to enhance middle mile
redundancy throughout the region.
C3 Supporting development and execution of local community and county action plans.
• Deployment Efforts lunkh,
The COG will build, or cause to be built, broadband infrastructure targeted at providing relief to the
greatest need areas, ensuring regional redundancy, enhancing public safety communications, and
lowering barriers preventing private sector expansion or service improvement.
Some deployment effort actions may include:
D1 Establishing mechanisms to aggregate demand and by doing so improve service selection and
reduce cost.
D2 Implementing targeted infrastructure builds that lower existing barriers preventing private
sector broadband companies from providing or improving services using RUS Rural Broadband
loans or alternative funding.
D3 Pursuing Community Connect Grants to extend service to currently unserved communities.
Pursuing these strategies will likely require that the Northwest Colorado Council of Governments
establish a permanent broadband committee and may require the establishment of a regional
telecommunications cooperative (501(c)(3) or other legal structure). Advancing efforts to improve
broadband in the region will require capital expenditures and may require temporary subsidization and
continuing sustaining revenue.
In this overview,we will briefly expand on these strategies and introduce, at a summary level, their
associated potential actions. Before doing so, we would like to set the stage by summarizing the
broadband strategic plan project; describing broadband, how it's delivered, and how northwest
Colorado broadband compares with the rest of the state, the nation, and the world; and identifying
barriers to broadband progress in the region.
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The full plan (available in a separate document and being developed for web presentation) more fully
addresses these topics, offers alternatives to the courses of action described in this overview, and
provides data supporting the conclusions we have made.
PROJECT OVERVIEW
The Northwest Colorado Council of Governments has undertaken to develop a regional broadband
strategic plan with the intent of improving broadband throughout the region primarily for the sake of
contributing to economic development but also to improve quality of life and contribute to public
safety. Aw
The study region includes all of the Northwest Colorado Council of Governments members (Eagle,
Grand,Jackson, Pitkin and Summit Counties; most municipalities in those counties; Steamboat Springs;
Glenwood Springs; and Carbondale). Additionally, the NWCCOG chose to invite Moffat, Rio Blanco and
Routt Counties and they chose to participate.
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The study region represents a significant geographic scope with wide ranging broadband development
and economic needs. The effort undertaken here represents a regional strategic plan. The intent is that
this regional broadband strategic plan can serve as a foundation for specific local actions—some of
which are defined herein and others that may need to be developed by member jurisdictions (perhaps,
"local action plans"). In the following, we will sometimes describe specific problems and their potential
solutions;this is done to describe regional strategies and potential actions with examples from the
region.
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WHAT IS BROADBAND
As early as 1958 the Bell System implemented their dedicated line Data-Phone service which allowed
high-speed transmission of data over regular telephone circuits. The first "Internet" was built in 1969
between UCLA,the Stanford Research Institute, UC Santa Barbara, and the University of Utah. Email
was introduced in 1972. In 1986, Al Gore sponsored the Supercomputer Network Study Act and the
groundwork was laid to move the Internet from a defense and research tool to a commercial platform.
In 1990,Tim Berners-Lee brought the first"web" server online. In December of 1991, Paul Kunz brought
the first US web server online at the Stanford Linear Accelerator Center.
But as the Internet got started, it was in the "slow" lane. From the first data connections in the late 50s
through the development of the commercial Internet in the 90s, data was typically passed on dedicated
lines or using dial-up modems to connect at 56 Kbps. In about 2000, broadband technologies started
becoming widely available. First, ISDN services offered data speeds of up to 128 Kbps. Shortly on the
heels of ISDN came DSL with data speeds above 1 Mbps and the DOCSIS standard which allowed for two
way data transmissions on the cable companies' coaxial systems.
Today broadband speeds are delivered over the airwaves via fixed and mobile wireless, using a variety
of DSL technology, over cable companies' coaxial networks, and at the speed of light over fiber optic
cabling.
The literal definition of broadband has to do with the range of frequencies across which data signals
travel. But for most people, broadband consists of two primary characteristics:
1. It is faster than dial-up service and
2. It is always on and doesn't interfere with voice calls.
The definition of adequate broadband speed is constantly shifting and will continue to for the near-
term. As data capacity increases, application developers build services that take advantage of the new
speed. As applications require more data transfer capacity, broadband network owners look for ways to
increase speeds. On their Broadband.gov web site, the FCC states:
Broadband provides access to the highest quality Internet services—streaming media, VOIP
(Internet phone), gaming, and interactive services. Many of these current and newly-developing
services require the transfer of large amounts of data that may not be technically feasible with
dial-up service. Therefore, broadband service may be increasingly necessary to access the full
range of services and opportunities that the Internet can offer.'
We like to joke that broadband is Internet access that is faster than whatever you have now. But in
some senses, the joke is real. As we look at improving broadband in northwest Colorado,we want to
come to a strategic plan that has potential to improve broadband for everyone. Those that have no
broadband today would be greatly served to get a one or two Mbps wireless link; but those speeds
1 Broadband.gov. "What is Broadband?" FCC.http://www.broadband.gov/about broadband.html.
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would not "provide access to the highest quality Internet services." To get the highest quality Internet
services, subscribers need access to data speeds closer to the 20 or 30 Mbps range. Even at 20 to 30
Mbps many businesses and some residences find their broadband speeds to be inadequate. They
struggle with their connectivity and hope for improvements that will lift them to above 100 Mbps. To
attract data centers, call centers, and other data intensive businesses, 100 Mbps service is inadequate.
Economic development may demand improving broadband to the 1 Gbps range or better. Even at these
faster speeds, if the network isn't reliable, if it doesn't have diverse paths, or if costs are too high,
communities are at a disadvantage when trying to attract and retain 21St century businesses. While the
economic development director unable to attract a call center and the jobs it represents to her town
and the potential subscriber outside the range of any broadband service have very different problems,
they both have broadband problems.
WHY IS BROADBAND IMPORTANT
The Internet has become an integral part of many aspects of our lives. We bank online; we learn online;
we keep in touch with our families online;we conduct business online. We share pictures of our cat and
learn about the Arab spring online. We correspond with Town Council members about the sewer
system and with the Vatican about clergy sex scandals online. We meet people who share our interests
around the world and just down the street through online services. We book tour groups from Bulgaria
to our resorts, control natural gas production based on international prices, and sell hay to the rancher
across the valley—all online. Our doctors can review our x-rays with specialists in distant cities through
broadband links. Our pharmacists can track our prescriptions and be more aware of potential medicinal
conflicts through broadband links. As we age, we can use Internet connected health monitoring devices
and services to stay in our homes longer. We can use Internet connected cameras to ensure the city
park is empty before we use Internet connected switches to turn off the lights. The Internet can give us
information about an AMBER alert, help us track the progress of a wildfire, and link our police officers to
criminal databases from around the country.
The NWCCOG has made improving broadband a priority because of the high value broadband
contributes to economic development, quality of life, and public safety.
BROADBAND DELIVERY
Broadband delivery shares some characteristics regardless of speed or specific infrastructure.
The Internet is sometimes called the "information superhighway' and it can be understood using a road
analogy. Like the road system,the Internet has "highways" and "surface streets". On the information
superhighway, the highways are called "middle mile" infrastructure and the surface streets are called
"last mile".
Of course surface streets and freeways come in many varieties. Highways range from multi-lane
interstate freeways to two-lane state highways. Surface streets can be major collector roads,
neighborhood streets, or even driveways. The broadband road system has as just as much variety as the
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streets. Because of this variety, we may sometimes need break last mile infrastructure into distribution
level infrastructure(collector roads), access level infrastructure (neighborhood roads), or drop level
infrastructure (driveways). We may need to talk about "off-ramps" or add/drop points on middle mile
infrastructure. We may need to layer Internet access by local, regional, and national/international
Internet service providers. When we need to do so, we will do our best to explain what we are talking
about. For most of this regional broadband strategic plan, we are going to focus on middle mile and last
mile and not worry too much about the variety in these categories.
To complete the analogy, we need one more piece. Just like the road system tends to channel vehicle
traffic towards large population centers where multiple roads (and other transportation options) come
together, broadband networks channel data traffic towards "peering points" or "Internet exchange
points" (IXPs). Peering points are data centers where national and international broadband networks
(called Tier 1 Networks) converge. At these peering points, Internet traffic can easily cross from one
major network to another and, for the user,viewing a web page from South Africa can be just as easy as
watching a movie hosted on a server in South Carolina; sending an email to your grandkids in Denver
can be just as easy as video conferencing with your client in Dusseldorf.
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Figure 2: High Level Internet Diagram
"Figure 2: High Level Internet Diagram" depicts how these pieces interrelate. The black route lines at
the bottom of the diagram (from the "Internet users" cloud) represent last mile infrastructure. The
black route lines in between the local and regional ISPs (the pink and green clouds) and between the
national and international networks (the purple, orange, and blue clouds) represent middle mile
infrastructure.
Hopefully understanding a little about how broadband is delivered builds a frame around how the COG
and its member jurisdictions might be able to improve broadband in the region.
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THE BROADBAND PROBLEM IN NORTHWEST COLORADO
To get an understanding of the state of broadband in northwest Colorado, it is helpful to see how the US
stands in international broadband comparisons, how Colorado compares to the rest of the US, and how
northwest Colorado compares to the rest of the state. As we have shown, defining broadband can be a
little difficult. When we try to compare broadband the challenge is even greater.
In one effort at international broadband comparison, the Said Business School at the University of
Oxford published "Global Broadband Quality Shows Progress, Highlights Broadband Quality Gap" in
October of 2 0092. As per"Figure 3: International Broadband Comparison" Said compared countries
based on broadband quality (meaning speed, reliability, and price) and penetration (meaning
percentage of population subscribing to broadband services).
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The Said study places the US in about the middle of the pack for developed countries. Some may argue
that data from 2009 is ancient in Internet years. However, download speed data presented by Google
on the Google Analytics3 site suggests that the US still falls at about the middle of the pack when it
comes to download speeds.
2 Said Business School (October 2009). "Global Broadband Quality Study Shows Progress, Highlights Broadband
Quality Gap." University of Oxford.
http://www.sbs.ox.ac.uk/newsandevents/Documents/BQS%202009%20final.doc.
3
http://www.google.com/publicdata/explore?ds=z8iiO6k9csels2 #!ctype=c&strail=false&bcs=d&nselm=s&met y=a
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Comparing Colorado with the rest of the nation reveals that the state sits at about the middle of the
national pack. In December of 2012,TechNet produced "Tech Net's 2012 State Broadband Index"; in it,
Colorado ranks 22nd using Tech Net's set of broadband measurement variables4.
Within Colorado, northwest Colorado broadband speeds compare poorly to the Front Range. Both
upload and download speeds are significantly lower than those enjoyed by Front Range communities.
Based on surveys, we find:
Colorado Northwest
Download Upload Download Upload
Public Schools 4.9 Mbps 2.8 Mbps 16.2 Mbps 9.2 Mbps
_......................................................................................................... ..............................................................................................................................
Libraries 3.3 Mbps 4.3 Mbps 100 Mbps 100 Mbps
......................................................................................................... _...................................................................
.
Government Offices 4.8 Mbps 5.8 Mbps 81.0 Mbps 8.9 Mbps
Table 1: Northwest Colorado and Front Range Anchor Institution Broadband Speeds
In sum, we find northwest Colorado broadband sits at the tail end of a middling state in a middling
country. The NWCCOG has decided that simply isn't good enough.
IMPROVING BROADBAND IN NORTHWEST COLORADO
So, the question is, can progress be made towards improving broadband in northwest Colorado? First,
let's look at some of the barriers to making progress and then turn our attention to potential solutions.lqw
BARRIERS TO PROGRESS VL I IT
Broadband development in northwest Colorado faces natural and political barriers.
First,the rugged terrain and rural nature of northwest Colorado represent variables that contribute to
broadband market failure. Broadband infrastructure requires significant capital investment—especially
to cross mountains, to reach into canyons, and to cover large rural areas. In many cases, investing in
difficult to build infrastructure to serve the low number of customers available simply does not meet the
return on investment requirements of for-profit private sector businesses.
With telephone service, the high cost to deliver service is partly resolved through high cost fund support
in which telephone providers receive state and federal subsidies to provide service where it simply does
not make business sense. Some grant and other federal and state funds exist to support broadband but
there is no program of comparable consistency or expansiveness as exists for telephone service.
Politically, Colorado's prohibition on government entities providing telecommunications services (CRS
29-27—also known as Senate Bill 152) discourages government intervention. Many options are
vg download speed&scale y=tin&ind y=false&idim=country:LT:RO:IS:BG:RU:US&ifdim=country&hl=en US&dl=en
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4 Horrigan,John and Ellen Satterwhite (December 2012). "Tech Net's 2012 State Broadband Index".TechNet.
http://www.technet.org/wp-content/uploads/2012/12/TechNet State Broad band3a.pdf.
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available to local governments within the constraints of the law but the constraints of the law are not
clear. Many communities choose to avoid any intervention in telecommunications rather than risk
crossing boundaries in the law that may or may not be there.
Finally, some may see the ever changing nature of broadband as a barrier to improving broadband in
northwest Colorado. The goalposts keep moving. If the COG does nothing to alleviate today's
broadband problems, in five years,the region will have a broadband problem. However, if the COG is
able to take effective action to resolve the broadband problem today, in five years the region will have a
broadband problem because target service levels will have changed.
WHAT CAN BE DONE
The NWCCOG intends to improve broadband in the region with the goal of enhancing economic
development, contributing to the high quality of life enjoyed in the region, and to address public safety.
The COG defines improving broadband as:
• Increasing Capacity—that is, extending broadband to places it may not currently be available,
increasing bandwidth to all subscriber classes where it is available, or increasing the number of
service providers offering service.
• Decreasing Cost—that is, decreasing subscriber cost per Mbps by reducing monthly cost for
subscribers at the same level of service or increasing bandwidth without increasing subscriber
costs.
• Improving Reliability—that is, ensuring service is nearly always available—whether a middle
mile line has been cut or the town's population has tripled because of an event.
Regardless of the current state of broadband in any particular town or area within the region, the COG
believes broadband can be improved.
Before looking at potential solutions,we should%first address the question of whether government
should be involved in broadband at all. There are legitimate arguments on both sides of the question.
On the one hand,the government should only interfere with private business when the need is great.
Telecommunications services have been provided in America by private enterprise since the first
telegraph line was strung from Washington, DC to Baltimore. Over the decades, AT&T and the Bell
Operating Companies built a legacy that remains strong in Centuryl-ink. With deregulation, some
competition has entered into the marketplace. With the entry of Comcast into the broadband
marketplace and the growth of fixed wireless and cellular broadband, an argument could be made that
the free market will stabilize broadband delivery and meet the needs of the marketplace.
On the other hand, the free market is failing to meet the needs of the marketplace. Furthermore,
physical infrastructure represents a natural monopoly structure. Finally, an argument can be made that,
because of its integral place in commerce and quality of life, broadband should be treated like other
universal service utilities. Market failures, natural monopolies, and universal service requirements -
these are areas that call for government intervention.
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We understand the delicate nature of the question and do not recommend government involvement
lightly. We believe the strategies and actions recommended for the COG address market failure, natural
monopoly, and universal service.
We find many areas where government action could improve broadband throughout the region.
However, resources simply do not exist to address every need. The COG should prioritize its efforts
based on greatest need and greatest value.
Greatest Need
Greatest need projects are those projects that will extend any broadband to areas without broadband
today or will provide fixed wire service where only cellular or wireless service is currently available.
When looking at extending broadband to areas without broadband today, the priority will first go to
communities—that is towns or other census designated places where no service is available. Red Cliff,
Redstone, Montezuma, and Maybell are examples of communities without service. Next, we will look at
areas with high public safety needs like Highway 9 between Silverthorne and Kremmling.
The region has a number of wireless service providers who do a great job of extending broadband access
to areas where it otherwise would not be available. Without the region's wireless providers, significant
geographic areas could not receive any broadband service. Improving broadband will involve helping
extend the reach of the region's wireless providers so they can serve even more potential subscribers.
But fixed wireless coverage suffers from limitations when compared with wireline services. In particular,
fixed wireless packages tend to offer lower data speeds and higher cost per Mbps. When looking at
projects to extend broadband reach, we may include some projects that extend wireline service where
fixed wireless service is currently available in order to increase capacity and reduce cost.
High need projects may have a significant impact on the residents of those areas where broadband
remediation occurs. However, they may come at high cost and have low impact on economic
development in the region.
Greatest Value X N
High value projects are to be selected based on the value they contribute relative to their cost. For
example, if the COG is able to arrange and mediate conversations between middle mile network owners
in the region and facilitate them connecting their networks, redundancy through the region would be
greatly enhanced. Creating redundancy will limit the chances that communities will be cut off from the
Internet because of damage to a fiber fifty or a hundred miles away. Middle mile redundancy is also a
critical feature for high data intensive businesses. Helping create a regional redundant network with
multiple geographically diverse middle mile paths out of the region by getting regional middle mile
infrastructure owners to cooperate represents a project with low cost and a very high return value.
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RECOMMENDATIONS
So, what can actually be done? In spite of the barriers making broadband improvement in northwest
Colorado difficult, the Northwest Colorado Council of Governments can implement a strategy that will
contribute to increased capacity, improved reliability, and reduced cost. We propose the COG pursue
policy, knowledge, coordination, and deployment efforts. To affect action in these areas, the COG
should establish a permanent broadband committee and may need to sponsor an organization designed
to implement broadband solutions.
POLICY EFFORTS
Public policy affects broadband deployment. The COG's policy strategy will be to support public policies
that enhance broadband competition, lower barriers to new broadband entrants, and encourage
expansion of incumbent provider service areas. Some policy effort actions may include:
P1 Assisting member jurisdictions to implement broadband friendly policies.
Broadband friendly policies (like "dig once" policies and easy access to rights of way and permitting)
can significantly lower the cost of deploying and operating broadband infrastructure. Working with
legal counsel, the COG should develop a set of"broadband friendly' policies or model ordinances
that member jurisdictions can modify and implement.
P2 Supporting state legislation designed to extend high cost fund support to broadband
development.
Colorado is in the process of reviewing its high cost fund support model and considering moving
some funds to broadband service. We encourage this development but we also recognize that we
cannot expand broadband on the shoulders of diminishing telephone revenue. The high cost fund
should support broadband and broadband subscribers should contribute to the fund.
P3 Working to ease state restrictions on municipal broadband projects in rural communities.
CRS 29-27 (also known as Senate Bill 152) places restrictions on government entry into broadband.
We believe SB 152 causes more problems for northwest Colorado communities than it solves. In
"Broadband and Economic Development: A Municipal Case Study from Florida," George S. Ford and
Thomas M. Koutsky demonstrate the measurable improvement to economic activity in Lake County
due to the implementation of a generally available municipal fiber network. They conclude:
... our econometric model shows that efforts to restrict municipal broadband investment...
could deny communities an important tool in promoting economic development.
Municipalities build schools, roads, hospitals, parks, marinas and convention centers in
order to attract businesses, jobs, and improve the quality life of their communities.
Broadband investment is another form of infrastructure that could offer those and other
community benefits. If further municipal investment is hindered or prohibited, the
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economic development boost Lake County seems to have received from its broadband
investment would be denied to other communities. (p. 16)5
Western Slope counties and communities should work to modify SB 152 to incorporate a rural
exemption, a lack of competition exemption, a service level exemption, or some combination of the
three. Achieving this objective will likely require coordination with other regional organizations like
Club 20.
P4 Developing and supporting primary and secondary revenue generating mechanisms to fund
implementation and sustaining of broadband improvements.
Primary revenue mechanisms include fees for service and other revenue that can be generated by
COG on municipal owned infrastructure.
Secondary revenue generating mechanisms are efforts to shift some of the burden of broadband
improvement to user classes that do not currently participate in the funding stream. For example,
in the region's resort communities, significant broadband capacity and reliability is expected by
visitors. Yet, these visitors do not pay for broadband service. The COG should look at mechanisms
for adding room or other taxes to help fund broadband improvements.
P5 Investigating the relative benefits of regional franchising vs.individual community franchising.
Community franchising gives individual communities a regulatory tool they can use to influence the
behavior of the primary broadband provider in many areas,the cable company. Unfortunately,
most community officials have very little expertise when it comes to cable franchise agreements.
The region's communities might benefit from "collective bargaining" of franchise agreements.
KNOWLEDGE EFFORT
Broadband adoption helps drive demand and demand helps shape private sector provider behavior.
The COG should engage in developing and disseminating information regarding broadband asset
availability, broadband service availability, and enhancements to quality of life that can be had through
broadband adoption. Some knowledge actions may include:
K1 Working with GOIT to improve regional broadband mapping.
It is important to keep data about the state of broadband in northwest Colorado up to date. This
project has produced a map data set (available in a separate Google Earth KMZ file) but rather than
maintaining redundant mapping efforts it would be prudent to work with GOIT to ensure the
broadband mapping application and the pending asset map meet the COG's planning and
management needs.
Additionally, cellular service should be more widely surveyed. Some local jurisdictions in the region
may have MobilePulse6 licenses. We recommend continued use of the MobilePulse app and
sharing of data in the region. The COG should inventory who has MobilePulse licenses and who
does not and should work with jurisdictions with licenses to redistribute them throughout the
5 Ford, George S. and Thomas M. Koutsky(April 2005). "Broadband and Economic Development:A Municipal Case
Study from Florida".Applied Economic Studies:April 2005.http://www.aestudies.com/library/econdev.pdf.
6 See http://www.mobilepulse.com/for more information about MobilePulse.
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region. Data collected from MobilePulse should be used to improve the information provided on
the state broadband map. The COG should then work with regional cellular providers to implement
infrastructure to close cellular gaps and improve service in weak signal areas.
K2 Working with GOIT and other partners to develop resources to help subscribers find the best
broadband services at prices that meets their individual needs.
Information about service providers and service packages should be readily available to the public
and economic development teams. If GOIT cannot expand their information resources to
accommodate these reasonable needs,the COG or a COG sponsored entity should take on this task.
K3 Implementing community education efforts to increase adoption rates and increase demand.
As broadband improves in the region, demand will increase; as demand increases, broadband
improvements will be required. By implementing community education efforts aimed at increasing
awareness of the quality of life and business opportunities available from broadband, the COG can
increase demand. The COG can then use increased demand in the region to help shape private
sector provider behavior and to prioritize government sponsored improvements.
COORDINATION EFFORTS
The COG should maximize broadband capital spending efficiency in the region by coordinating public
projects and working with private sector providers to encourage cooperative ventures. Some
coordination effort actions may include: %"I%� X
C1 Coordinating existing and future projects to enhance infrastructure investment efficiencies.
In July of 2013, Colorado was one of the first five recipients of the NTIA State and Local
Implementation Grant Program (SLIGP), receiving a $2.5 million grant with matching fund
requirements. SLIGP funding will be awarded in two phases, with the first phase focused on such
activities as expanding existing governance bodies to consult with FirstNet, conducting education
and outreach to relevant stakeholders, and identifying potential public safety users.
The Governor's Office of Information Technology is taking the lead on Colorado's FirstNet efforts.
While FirstNet's mission is to provide a nationwide network dedicated to public safety, GOIT has
recognized that the assets deployed to support FirstNet can be used for other than public safety
needs. We recommend the NWCCOG work carefully with regional organizations called on to
provide information and support towards the development and deployment of FirstNet. A tendency
may exist to perceive public safety broadband needs separately from other broadband needs. The
COG should work aggressively to overcome this tendency.
Other publicly funded projects are underway or may happen in the region. The COG should work
diligently to coordinate the multiple public projects to ensure the most efficient use of public funds
in the region.
Privately funded projects may be harder to influence. However, by working well with incumbent
providers, the COG may be able to influence private sector broadband improvement spending and
to coordinate it with public projects.
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C2 Facilitating interconnectivity between regional middle mile providers to enhance middle mile
redundancy throughout the region.
In aggregate,the fiber paths in the region offer good regional egress diversity. Paths exist through
Vernal to Salt Lake City, through Rifle to Grand Junction, and along at least two geographically
diverse routes to Denver. Taking into consideration microwave links as well, diversity will be added
to Cheyenne as well. Unfortunately, route diversity is largely owned by competing network owners
and the competing network owners have not come to agreements to create diversity in their
disparate networks by carrying each other's traffic.
We recommend working with the various network owners in the region to help them come to
agreements to carry each other's traffic. Several of the network owners in the region have
expressed an interest in doing so. Failing to get service providers to enter into traffic sharing
agreements, towns may pursue carrier neutral locations and create redundancy for themselves. Of
course, the utility of a CNL is limited to its subscribers.
C3 Supporting development and execution of local community and county action plans.
This regional plan and its recommendations may have some direct utility for individual member
jurisdictions. We believe it is prudent to drive the broadband improvement effort to the local level
while providing resources and tools at the regional level. Therefore, member jurisdictions should
have local broadband action plans. These plans should be coordinated with one another to ensure
efficient broadband development throughout the region.
DEPLOYMENT EFFORT
The COG should build, or cause to be built, broadband infrastructure targeted at providing relief to the
greatest need areas, ensuring regional redundancy, enhancing public safety communications, and
lowering barriers preventing private sector expansion or service improvement. Some deployment effort
actions may include: 'NE61 IV
D1 Establishing mechanisms to aggregate demand and by doing so improve service selection and
reduce cost.
Middle mile data access prices are typically tiered with the cost per Mbps dropping dramatically as
the volume of bandwidth purchased increases. However, Northwest Colorado is a rural area. The
data demands an individual county or hospital put on middle mile infrastructure are limited.
Disaggregated these customers seldom reach discount thresholds. Aggregating demand can serve
to overcome some middle mile cost barriers.
Some demand aggregation mechanisms include carrier neutral locations and local metropolitan area
networks.
D2 Prioritizing and implementing targeted infrastructure builds that lower existing barriers
preventing private sector broadband companies from providing or improving services using RUS
Rural Broadband loans or alternative funding.
For example, Jackson County could probably attract a fixed wireless service provider if middle mile
infrastructure costs were reasonable, tower locations were in place, or other infrastructure
Page 14
DRAFT— Northwest Colorado Council of Governments Regional Broadband Strategic Plan
Overview- DRAFT
investments were made to bring the service provider business model within return on investment
bounds.
As another example, the middle mile highway infrastructure requires off-ramps in order for it to be
regionally valuable. A business case may not exist to develop add/drop points but service providers
may be willing to allow them if the capital expense is absorbed by the government. An example of
where this might be needed is along Highway 9 between Silverthorne and Kremmling. CenturyLink
fiber exists on this route but there are no add/drop points. The regional broadband cooperative
might be able to invest in add/drop points and other infrastructure needed to provide cell service
and broadband along this route.
The U.S. Department of Agriculture's (USDA) Rural Broadband Loan Program is administered by the
Rural Utilities Service (RUS) of USDA Rural Development could be a source of loan funds for these
projects. The program funds the costs of construction, improvement, and acquisition of facilities
and equipment to provide broadband service to eligible rural areas on a technology-neutral basis.
Direct loans are in the form of a cost-of-money loan, a 4-percent loan, or a combination of the two.
D3 Prioritizing and pursuing Community Connect Grants to extend service to currently unserved
communities.
The Rural Utility Services Community Connect program serves rural communities where broadband
service is least likely to be available, but where it can make a tremendous difference in the quality of
life for citizens. The projects funded by these grants will help rural residents tap into the enormous
potential of the Internet. IML
Unserved communities in the region are viable candidates for Community Connect grants. We
recommend producing a preliminary cost estimate to bring service to each unserved community and
then prioritizing projects based on cost per potential subscriber. As many Community Connect
grants should be applied for as matching funds are available for.
STRUCTURE Om� IV
Many of the actions needed to improve broadband in the region require significant effort, multi-
jurisdictional coordination, or both. We recommend creating a regional broadband cooperative (a
501(c)(3) or other legal structure)to meet this task load. A regional broadband cooperative may also
have the benefit of being a non-governmental agency and thus freed from the restrictions of SB 152.
Page 15
NORTHWEST COLORADO
COUNCIL OF
GOVERNMENTS
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NWCCOG's
MISSION STATEMENT:
The purpose of the Northwest Colora-
do Council of Governments is to be re-
sponsive to our members' needs and
interests by providing guidance and
assistance in problem-solving, infor-
mation sharing and partnership build-
ing, advocating members' interests
and needs with local, state and federal
entities, and providing quality services
to our membership that are relevant,
effective and efficient.
WHAT is NWCCOG ?
Northwest Colorado Council of Governments (NWCCOG) is a voluntary association of county and
municipal governments that believes in the benefits of working together on a regional basis. NWCCOG serves 27
memberjurisdictions in a 5-county region. It is located in the northwest portion Coloradojust west of the Front
Range, and includes the counties of Eagle, Grand, Jackson, Pitkin and Summit. NWCCOG is the region designat-
ed by the State of Colorado as State Planning and Management Region 12. It is in the heart of the Rocky Moun-
tains and is characterized by its mountainous terrain and very high overall altitude.
Most of the area is located among the high peaks of the Colorado Rockies.The region is bordered in the East by
the Continental Divide, in the north bythe State of Wyoming,to the west by Garfield County, and to the South
by the Elk Mountain Range in Pitkin County. The region's economy has transformed overtime from a combina-
tion of mining and agriculture in its early history(i800's)to tourism and outdoor recreation today. The quality of
life,the mix of local businesses, a skilled work force, a beautiful natural setting, and the international name
recognition provided by world-class ski resorts are invaluable underpinnings unique to the region's economy.
In its 40 years, NWCCOG has evolved into an
STATE OF COLORAD organization that addresses a wide spectrum
of issues and opportunities of interest to indi-
.Walden vidual memberjurisdictions and the region.
JACKSON
• NWCCOG provides services to its mem-
enver bers that are more cost-effective and
se.mtoac
$""'p efficient when executed on a regional
Q Gr
=ion basis, ratherthan being duplicated by
Grand Lake.
GRAND each memberjurisdiction.
Hot Granby
Kremm"n9. SP—gs� . NWCCOG provides the"critical mass"
Fraser. necessary to take advantage of various
Winer Park.
federal programs.
SUMMIT
Silvert e . NWCCOG provides a regional perspec-
dm
Gypsum. .Eagle Avon. .Vail • Dillon
.Gle—W EAGLE .Mlnturn •Fri— nma tive to local,state,and federal policy
Springs Red Cliff.
ere°k' 9e makers.
EarborMale. Basalt
. o • NWCCOG promotes the concept of re-
FITKIN.A,pen gional multi-jurisdictional cooperation
for improved efficiencies and effective-
ness between multiple governmental
jurisdictions.
• NWCCOG provides a regional forum for
the purpose of facilitating communica-
tions between multiple governmental
jurisdictions regarding issues and oppor-
tunities.
• NWCCOG leverages members'dues dol-
lars into larger amounts of financial re-
sources.
NWCCOG PROGRAMS
ALPINE AREA AGENCY ON AGING
.LEAN HAMMES The AAAA is the designated regional planning and service agency foraging services in Ea-
Director gIe, Grand,Jackson, Pitkin, and Summit Counties. Resources made available under the
970.468.0295 xi07 Older Americans Act and State funds are used to finance those activities necessary to
aaa:12@nwccog.org
achieve elements of a comprehensive and coordinated community based system of ser-
vices for persons over the age of 6o, especially those with the greatest social or economic
need, and their family caregivers. Services offered by the AAAA are intended to assist old-
er Americans to live independently and with dignity, in their own communities, by remov-
ing barriers and providing continual care for vulnerable older adults.
ECONOMIC DEVELOPMENT DISTRICT
RACHEL LUNNEY NWCCOG is a federally-designated Economic District under the auspices of the U.S. Eco-
Administrator nomic Development Administration. The NWCCOG—Economic Development District's
970.468.0295 xio6 objective is to encourage collaboration among regional stakeholders in community and
rachel@nwccog.org
economic development, and gather supporting resources to fulfill its goal of enhancing
community wealth. The NWCCOG—EDD brings together the essential partnersfrom
both public and private sectors,to determine the most appropriate strategies to develop
and sustain the vitality of the region, maintaining it as one of the best in the nation in
which to live,work, play, and grow old.
ELEVATOR INSPECTION PROGRAM
GENE MORSE The Elevator Inspection Program inspects and issues permits for commercial and resi-
Director dential conveyances(elevators, lifts, dumbwaiters and escalators)to ensure safe convey-
970.468.0295 xio8 ances throughout the region.The program began in 1993. NWCCOG has entered into an
elevator@nwccog.org
MOA with the Colorado Department of Labor and Employment Division of Oil and Public
Safety as the Authority Having Jurisdiction (AHJ) under the Elevator and Escalator Certi-
fication Act. NWCCOG memberjurisdictions are invited to sign a"Letter of Agreement"
with NWCCOG, agreeing to adopt the elevator codes for conveyances. NWCCOG's ele-
vator inspectors work cooperatively with each jurisdiction's building department to im-
plement the program in that jurisdiction.The El now serves Clear Creek, Eagle, Gar-
field, Grand,Jackson, Moffat, Pitkin, Routt, Summit counties which includes most of the
NWCCOG PROGRAMS
ENERGY MANAGEMENT PROGRAM
STEVE GETZ The Energy Management Program, also known as Weatherization,weatherizes low
Director and moderate income homes to reduce their fuel consumption and heating costs. Ser-
970.468.0295 x3-03 vices include insulation, caulking, weather-stripping, and the installation of storm win-
sgetz@nwccog.org dows, and new energy-efficient furnaces and refrigerators. NWCCOG is a local admin-
istering agency underthe Weatherization Assistance Program, and is under contract to
the Colorado Governor's Office Weatherization Program. Weatherization has helped
preserve affordable housing units in the region. By reducing a household's energy con-
sumption and heating costs,these families have more income available to spend within
their local communities. In addition to reducing energy consumption and heating costs,
the weatherization process corrects any health and safety problems found, such as gas
leaks and carbon monoxide problems.The Weatherization Program has a main office
in Silverthorne and a field office in New Castle. In addition to weatherizing homes with-
in the NWCCOG region, NWCCOG also weatherizes homes in Chaffee, Clear Creek,
Garfield, Lake, Moffat, Park, Rio Blanco, and Routt Counties.
NORTHWEST LOAN FUND
ANITA CAMERON The Northwest Loan Fund specializes in financing for start up and young, expanding
Business Loan Officer small businesses that are unable to obtain conventional funding due to the high risk
970.468.0295 x3-3-9 associated with such businesses.The Fund focuses on projects which diversify the
nlf@nwccog.org
economy, create and retain jobs, and provide lasting community benefits.
NORTHWEST ALL HAZARDS EMERGENCY
MANAGEMENT REGION
CHRIS BORNHOLDT The Northwest All-Hazards Emergency Management Region (NWAHEMR) is a ten-
Coordinator county region located in the northwest corner of the state. It is comprised of Eagle,
970.63-8.6873 Garfield, Grand,Jackson, Mesa, Moffat, Pitkin, Rio Blanco, Routt, and Summit coun-
cbornholdt@garcosheriff.com
ties.An Executive Board/Steering Committee, made up of each county's emergency
manager as well as discipline representatives, meets on a regular basis to develop
strategies to improve the emergency preparedness of the region through the use of
homeland security grant funds from the U.S. Department of Homeland Security.
NWCCOG provides fiscal management and program coordination for the NWAHEMR.
REGIONAL TRANSPORTATION COORDINATING
COUNCIL
SUSAN JUERGENSMEIER The Regional Transportation Coordinating Council (RTCC)was formed as a result of
Mobility Manager Rural Resort Region's initiative -Seniors in Our Mountain Communities:Challenges and
970.468.0295 x110 Opportunities. This project collected data on the growing senior population in our re-
mobilitymanager@nwccog.org gion and identified the gaps in services. One of the priority gaps was transportation,
notjust within a particular county, but in the public transportation options available to
travel across county boundaries to access healthcare facilities and other services. In
response,the RTCC was formed to be the local coordinating council for a 7-county rural
area of northwest Colorado including Jackson, Routt, Grand, Summit, Eagle, Garfield
and Pitkin Counties.
The RTCC is working to improve transportation coordination and options forthe veter-
an, senior, disabled, and low-income adult populations.The RTCC's efforts are focused
on coordinating the existing public and private transit providers with other human ser-
vices providers by promoting, enhancing and facilitating seamless access to transpor-
tation services through a coordinated system that is easily available to customers from
anywhere in the region.
WATERSHED SERVICES
LANE WYATT Watershed Services—NWCCOG has been the designated regional water quality man-
Director agement agency forthe region since 1976. In that capacity, NWCCOG's Watershed Ser-
970.485.0561 vices completes and implements a water quality management plan for the NWCCOG
qqlane@nwccog.org Region, in compliance with Section 208 of the Clean Water Act. The Watershed Service
program also reviews development applications and local land use regulations to de-
termine consistency and compliance with the 208 Plan.
AFFILIATED PROGRAM :
WATER QUALITY/QUANTITY COMMITTEE
TORIE JARVIS Water Quality/Quantity Committee(QQ)—"QQ" includes towns, counties, and water
Co-Director and sanitation districts in the Headwaters Region of Colorado. Its purpose is to enable
qqwater@nwccog.org members to protect and enhance the quality of the region's waters,while facilitating
the responsible use of those resources for the good of Colorado's citizens and environ-
ment. QQ monitors water development activities and legislative initiatives that affect
water quality or quantity in the basin of origin. The QQ Committee meetings provide a
forum for members to formulate policies and strategies, and make decisions. The QQ
staff provides members with legislative, informational, coordination, supportive and
technical assistance to further intergovernmental cooperation and increase members'
political clout with state and federal agencies.
COUNCIL
Eagle County Aspen Hot Sulphur Springs
Keith Montag,County Manager Derek Johnson,Councilmember Herchel Deputy,Mayor
Grand County Basalt Kremmling
James Newberry,Commissioner Mike Scanlon,Town Manager Tom Clark,Mayor
Jackson County Carbondale Minturn
Lanny Weddle,Commissioner John Hoffmann,Trustee Jim White,Town Manager
Pitkin County Dillon Montezuma
Rob Ittner,Commissioner Tim Westerberg,Councilmember John Carney,Trustee
Summit County Eagle Red Cliff
Kam Stiegelmeier,Commissioner Willy Powell,Town Manager Jake Spears,Trustee
Fraser Silverthorne
Jeff Durbin,Town Manager Stuart Richardson,Councilmember
Frisco Steamboat Springs
Bill Efting,Town Manager Walter Magill,Councilmember
Glenwood Springs
Dave Sturges,Councilmember Snowmass Village
Jason Haber,Councilmember
Granby Vail
Jynnifer Pierro,Mayor StanZemler,Town Manager
Grand Lake Walden
Jim Peterson,Trustee Jane Berry,Town Manager
Gypsum Winter Park
Jeff Shroll,Town Manager Drew Nelson,Town Manager
STAFF & CONTRACTORS
Steve Allen Ed Green Liz Mullen
Elevator Inspector Weatherization Installer Executive Director
Mike Bugielski Jean Hammes Sean O'Connell
Weatherization Auditor/Inspector Director,Alpine Area Agency on Aging Weatherization Auditor/Inspector
Anita Cameron Mark Hox Sherry Rogstad
Business Loan Officer Weatherization Installer Administrative Assistant
Abbie Cobb Susan Juergensmeier Aaron Simmons
CBBC Coordinator Mobility Manager Weatherization Auditor/Inspector
Tyler Cose Amy Lange Bill Simonds
Weatherization Installer Fiscal Assistant Elevator Inspector
TJ Dufresne Torie Jarvis Nate Speerstra
NW Colorado Region Hub Coordinator, Co-Director,Water Quality/Quantity Comm. WX Site Supervisor(Silverthorne)
Connect for Health Colorado Doug Jones Charles Steele
Erin Fisher Weatherization Field Supervisor Weatherization Installer
Program Specialist,Alpine Area Agency on Michael Kurth Victoria Swain
Aging Fiscal Officer Weatherization Program Assistant
Jodi Flory Christy Laney Cora Winters
GIS Contractor NWAHEMR Coordinator Elevator Inspection Program Assistant
Steve Getz Rachel Lunney Lane Wyatt
Director,Weatherization Economic Development&Communications Co-Director,Water Quality/Quantity Committee
Barbara Green Manager
General Counsel Gene Morse
Director, Elevator Inspection
2013 HIGHLIGHTS :
♦ NWCCOG IS SELECTED TO SERVE AS THE NW REGIONAL ASSISTANCE NETWORK
HUB FOR THE CONNECT FOR HEALTH COLORADO (C4HCO) HEALTH INSURANCE EX-
CHANGE
The Connect for Health Colorado(C4HCO)Assistance Network is anew program that will provide
local, in person assistance to individuals,families and small businesses looking to shop for health
care coverage through Colorado's new health insurance marketplace and to apply for a new kind of
tax credit to reduce costs and for other insurance affordability programs. NWCCOG has been se-
lected to serve as the regional assistance hub for the NW region,which includes the following nine
counties: Eagle, Garfield, Grand,Jackson, Moffat, Pitkin, Rio Blanco, Routt, and Summit.
♦ DEVELOPMENT OF THE NWCCOG REGIONAL STRATEGIC PLAN FOR BROADBAND
The Department of Local Affairs(DOLA) has awarded a $65,000 grant through the Energy and
Mineral Impact Assistance Fund (EIAF)to the Northwest Colorado Council of Governments
(NWCCOG)forthe development of an eight-county strategic plan to improve broadband access
across the region.The participating jurisdictions include Eagle, Grand, Jackson, Moffat, Pitkin, Rio
Blanco, Routt and Summit counties plus the City of Glenwood Springs and the Town of Carbon-
dale.
♦ RE-ESTABLISHMENT OF NORTHWEST LOAN FUND
NWCCOG has coordinated and submitted a Community Development Block Grant(CDBG)appli-
cation to re-capitalize the Northwest Loan Fund (NLF).The NLF provides business assistance loans
to businesses that will create and retainjobs at a ratio of ijob per$20,000 loaned with 5:1%of the
jobs filled by low to moderate income individuals. Loans range from $5,000 to$ioo,000(larger as
warranted).
♦ NWCCOG ECONOMIC DEVELOPMENT DISTRICT
NWCCOG received Economic Development District designation from the U.S. Economic Develop-
ment Administration (EDA)and, beginning in 2oi3, now receives annual funding to focus on re-
gional economic development efforts.
♦ LAUNCH OF NETWORK OF CARE WEBSITE
The NWCCOG Network of Care website (www.Reg ion12NetworkofCare.org)forthe five-county
region (Eagle, Grand,Jackson, Pitkin, and Summit counties) is live as of JUIy 2103. The site offers
online resources for older adults and adults with disabilities including an easy-to-use service direct-
ly, comprehensive health library, a secure personal health record keeping tool for consumers and
caregivers, and a political advocacy tool and linksto pertinent national websites.
NORTHWEST - ADO COUNCIL OF GOVERNMENTS
249 Warren Avenue — P . O
•
. .
LEASE AGREEMENT
THIS AGREEMENT is made and entered into December 5, 2013, by and between THE
TOWN OF FRASER, COLORADO, a municipal corporation of the State of Colorado ("Landlord"),
and Headwaters Trails Alliance ("Tenant").
ARTICLE 1.0 - RECITALS AND PURPOSE
1_1 Landlord is the owner of the building located at 120 Zerex, situated in the Town of
Fraser, County of Grand, State of Colorado.
1_2 Tenant desires to lease an office within the property.
1.3 Landlord has determined that the property is not currently needed for the Landlord's
purposes, and that the leasing of an office within said premises to Tenant would serve a valid
public purpose by putting a vacant property into productive use and contributing to the local
economy.
1_4 Landlord and Tenant desire to confirm their understanding and agreement concerning
said lease, all as more fully provided herein below.
NOW THEREFORE, in consideration of the premises and the mutual promises and
covenants set forth herein, the parties agree as follows:
ARTICLE 2.0 - DEMISE
2_1 For and in consideration of the performance of the covenants and agreements herein
contained to be kept and performed by Tenant, Landlord hereby leases to Tenant and Tenant
hereby leases from Landlord and office within 120 Zerex, subject to all land use and building and
zoning codes, resolutions and regulations; and subject to all reservations, exceptions, restrictions,
covenants and easements of record or visible.
2.2 During the term of this lease, Tenant shall also have the right to use the parking area
adjacent thereto.
2_3 Tenant agrees to accept the facility "as is"; and Landlord makes no warranty or
representation, express or implied, with respect to the merchantability, condition, quality, design,
operation, fitness for a particular purpose, or workmanship of the property, in any respect
whatsoever.
ARTICLE 3.0 - TERM
3_1 The term of this Lease shall commence October 10, 2013 ending at midnight on
December 31, 2014.
3_2 This Lease may be renewed or extended for an additional term upon mutual agreement
of the parties and upon such terms and conditions as may then be agreed upon. Any such renewal
or extension of this Lease shall be evidenced only by a writing signed by both Landlord and
Tenant.
ARTICLE 4.0 - RENT/SERVICES; SECURITY DEPOSIT
4.1 Rental for the full Term of$0, shall be paid in monthly installment of$0 payable in
advance, on or before twelve o'clock noon on the first day of each calendar month during the term
of this Lease at the office of the Landlord at 153 Fraser Avenue, Fraser, Colorado, without notice
("Rent"). The first payment shall be due January 1, 2014.
4.2 Tenant shall provide a security deposit in the amount of$0 concurrent or prior to
execution of this lease.
ARTICLE 5.0 - USE OF PREMISES; RESERVATIONS BY LANDLORD
5_1 Tenant may occupy and use the property for the administrative operations of the
Headwaters Trails Alliance and related activities. Tenant will cooperative with Landlord as it
relates to other uses of the facility. No other uses shall be permitted without the written consent of
Landlord.
5_2 Landlord reserves the right to enter upon the property at any reasonable time to inspect
the premises, to show them to prospective purchasers or tenants, or for any other purpose
deemed appropriate by Landlord, so long as the exercise of such right of entry does not
unreasonably interfere with Tenant's use of the property.
ARTICLE 6.0 - PROTECTION OF PROPERTY, ALTERATIONS, MAINTENANCE
AND UTILITIES
6_1 Tenant covenants and agrees:
6.1.1 Not to commit or permit the commission by others of any waste upon the
premises; and
6.1.2 Not to remove or allow any other person to remove any improvements or
fixtures of any kind without Landlord's prior written consent.
6_2 Tenant may install improvements upon the property only upon written consent of the
Landlord. Tenant shall submit the plans for any alterations, showing the design proposed, and
Landlord's written approval of such plans shall be required before Tenant proceeds with the
proposed alterations. Landlord agrees not to unreasonably withhold approval of such plans, but
may require reasonable changes therein. As a condition of approval of such plans, Landlord may
require Tenant to post a security deposit, in such amount as may be deemed appropriate by
Landlord, to secure Tenant's obligation to remove any such partitions or other alterations and
restoration of the premises upon termination of this Lease. Such security deposit shall be in
addition to any other deposit required from Tenant pursuant to this Lease.
-2-
6.3 Subject to Landlord's written approval, Tenant may erect appropriate signs to advertise
its business; provided that any such signage must comply with the Fraser Sign Code. Prior to
installation, Tenant shall submit the proposed sign design, including layout, materials and location,
for Landlord's approval along with an appropriate Sign Permit Application, and Landlord shall
respond in writing within 30 days.
6_4 Except as provided in Sections 6.2 and 6.3, Tenant shall not make any other material
alterations or improvements to the property without Landlord's prior written consent. Any
permanent improvements made to the property by Tenant during the lease term, except for
movable trade fixtures installed by Tenant, shall be deemed a part of the real estate and, at the
election of the Landlord, shall remain a part of the property at the expiration or termination of this
Lease. If requested by Landlord following the expiration or termination of this Lease, Tenant shall
promptly remove any improvements installed by Tenant and shall restore the Property to the
condition it was in upon the commencement of this Lease. Tenant shall remove all of Tenant's
personal property and any movable trade fixtures installed by Tenant at the expiration or
termination of this Lease and shall promptly repair any damage caused by such removal. Tenant
shall promptly pay for any work done or materials furnished on or about the property at Tenant's
instance and shall indemnify Landlord from and against any claims relating to such work.
6_5 Landlord shall be responsible for the following maintenance and utilities, at
Landlord's expense, except for any maintenance or repair required due to misuse or negligence by
Tenant or its employees, which shall be the responsibility of Tenant:
6.5.1 Exterior building maintenance, including painting or staining, and any
structural repairs, as deemed necessary by Landlord;
6.5.2 Any necessary maintenance and repair of the water and sewer service lines
to the Property. This does not include frozen or obstructed service lines resulting
from Tenant's use of the property.
6.6 T°� Landlord shall be responsible for payment of all utility services to the property
and for providing all maintenance and repairs necessary to keep the facility and all fixtures and
improvements therein in a condition as good as at the time Tenant took possession, ordinary wear
and tear excepted. This obligation includes necessary maintenance and repairs of utility systems,
such as heating and plumbing fixtures.
ARTICLE 7.0 - TAXES, INSURANCE AND INDEMNIFICATION
7_1 T° Landlord shall pay any and all personal property, sales, use, withholding and
other taxes with respect to Tenant's personal property and its operations at the property.
7_2 Landlord may, at its option and expense, maintain general hazard insurance upon the
property during the lease term. Tenant understands that any such insurance maintained by
Landlord will not cover any of Tenant's equipment, trade fixtures or other personal property on the
premises or any interruption of Tenant's business; and in the event Tenant desires such insurance
coverage, it shall obtain it at its own expense.
-3-
7_3 Tenant agrees to indemnify and hold harmless Landlord, its officers, employees,
insurers and/or self-insurance pools, from and against all liabilities, losses, claims, demands,
damages and expenses, including reasonable attorney fees, incurred or suffered by Landlord as a
result of: (a) failure by Tenant to perform any covenant required to be performed by Tenant
hereunder; (b) any accident, injury, or damage caused by, resulting from, arising out of or in any
manner connected with the use of the property; and (c) failure by Tenant to comply with any
requirement of any governmental authority.
7_4 Tenant agrees to obtain and keep in force, at Tenant's expense, during the entire term
of this Lease, such liability insurance as will fully protect Tenant from claims under Worker's
Compensation and other employee benefit laws for bodily injury and death and for property
damage that may arise out of Tenant's operations in the property. Tenant shall also maintain, at its
expense, a policy of comprehensive general public liability and property damage insurance,
providing coverage of both Tenant and Landlord for claims for damages for bodily injury, including
wrongful death, as well as claims for property damages, which may arise from the ownership,
maintenance, use or operation of the property, whether or not the foregoing described uses and
activities be by Tenant or by anyone directly or indirectly employed by Tenant. Such insurance
shall be maintained in amounts of not less than $150,000.00 for injury to one person in any single
occurrence and not less than $600,000.00 for injury to two or more persons in any single
occurrence, or such larger amounts as correspond with the recovery limits applicable to
governmental entities under C.R.S. 24-10-114(1) as the same may be from time to time amended.
The policy shall be endorsed to include Landlord as an additional insured and to provide that the
coverage afforded under the policy shall not be canceled, terminated or materially changed until at
least thirty (30) days prior written notice has been give to Landlord. Such coverage shall be
primary insurance, and any insurance carried by Landlord or carried or provided through any
insurance pool to which Landlord belongs shall be excess and not contributory insurance to that
provided by Tenant. Upon Landlord's request, Tenant shall promptly furnish Landlord with a
certificate of insurance evidencing the insurance coverage required by this Paragraph.
7.5 Failure on the part of Tenant to procure and maintain policies providing the required
insurance coverage, conditions, and minimum limits provided in this Article
shall constitute a material breach of this Agreement, for which Landlord may immediately
terminate this Agreement, or at its discretion, Landlord may procure or renew any such policy or
any extended reporting period thereto and may pay any and all premiums in connection therewith,
and all sums so paid by Landlord shall be repaid by Tenant upon demand.
7.6 Landlord and Tenant understand and agree that Landlord is relying on, and does not
waive or intend to waive by any provision of this Agreement, the monetary limitations or any other
rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S.
24-10-101 et seq., as from time to time amended, or otherwise available to Landlord, its officers,
or its employees.
ARTICLE 8.0 - ASSIGNMENT OR SUBLETTING
8_1 Tenant shall not assign its interests under this Lease nor sublet the property, in whole
or in part, without first obtaining Landlord's express written consent in each instance. In the event
of any permitted assignment or subletting hereunder, Tenant shall remain liable to Landlord for the
performance of all terms, covenants and provisions of this Lease, unless Tenant is released in
writing by Landlord.
-4-
ARTICLE 9.0 - DEFAULT BY TENANT; REMEDIES
9_1 Time is of the essence of this Lease with respect to the performance by Tenant of its
obligations hereunder. If Tenant shall default in the performance of any of its obligations under this
Lease, Landlord may give written notice of such default to Tenant. If the default is not cured within
ten (10) days after such written notice is given, Landlord may elect to terminate this Lease by
giving a further written notice of such termination to Tenant. If such further notice is given, this
Lease shall terminate on the date fixed in such notice as completely as if that were the date herein
definitely fixed for expiration of the term of this Lease, and Tenant shall then surrender the Leased
Property to Landlord.
9_2 No remedy conferred upon or reserved to Landlord shall exclude any other remedy
herein or by law provided, but each shall be cumulative and in addition to every other remedy
given hereunder or now or hereafter existing at law, in equity or by statute.
9_3 In the event of any litigation or arbitration arising out of or relating to this Lease, the
Court shall award to the prevailing party all reasonable costs and expenses thereof, including
attorney fees.
ARTICLE 10.0 - NOTICE
10.1 Except as otherwise expressly provided herein, all notices required or permitted under
this Lease shall be in writing and shall be delivered in person or sent by United States certified
mail, return receipt requested. If sent by mail, a notice shall be deemed to have been properly
given when deposited in any post office, branch post office, or mail depository regularly
maintained by the United States Postal Service and sent by certified mail, return receipt
requested, with postage thereon pre-paid, addressed as follows:
To Landlord: Town of Fraser
P.O. Box 370
Fraser, CO 80442
To Tenant:
or addressed to each respective party at such other address as such party may hereafter furnish
to the other party in writing.
ARTICLE 11.0 - MISCELLANEOUS PROVISIONS
11.1 This Lease shall be construed under and shall be governed by the laws of the State of
Colorado, the state courts of which shall have exclusive jurisdiction over any court action arising
therefrom.
11.2 This Lease embodies the entire agreement and understanding between the parties
relating to the subject matter hereof and may not be altered or amended except by writing signed
by Landlord and Tenant and specifically referring hereto.
11.3 Except as otherwise expressly provided herein, this Lease and the rights and duties of
Landlord and Tenant hereunder shall be binding upon and shall inure to the benefit of their
respective successors and permitted assigns.
-5-
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures, effective
the date first above mentioned.
LANDLORD
TOWN OF FRASER, COLORADO
Jeffrey L. Durbin
Town Manager
ATTEST:
Lu Berger, Town Clerk
TENANT
Headwaters Trails Alliance
STATE OF COLORADO )
ss.
COUNTY OF GRAND )
Subscribed and sworn to (affirmed) before me this day of 2013, by
Notary Public
My commission expires:
[ SEAL ]
-6-
TOWN OF FRASER
RESOLUTION NO. 2013-10-04
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO AMEND THE LEASE
AGREEMENT THE PROPERTY LOCATED AT 120 ZEREX IN FRASER.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO THAT:
1. That the Town Board of Fraser, Colorado hereby authorizes the Town Manager to
execute an amended lease agreement for 120 Zerex.
DULY MOVED, SECONDED, AND ADOPTED THIS 16th DAY OF OCTOBER, 2013.
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
Mayor
ATTEST:
(S E A L)
Town Clerk
TOWN OF FRASER
RESOLUTION NO. 2013-10-04
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO AMEND THE LEASE
AGREEMENT THE PROPERTY LOCATED AT 120 ZEREX IN FRASER.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO THAT:
1. That the Town Board of Fraser, Colorado hereby authorizes the Town Manager to
execute an amended lease agreement for 120 Zerex.
DULY MOVED, SECONDED, AND ADOPTED THIS 16th DAY OF OCTOBER, 2013.
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
Mayor
ATTEST:
(S E A L)
Town Clerk
TEMPORARY ENCROACHMENT EASEMENT AGREEMENT
THIS TEMPORARY ENCROACHMENT EASEMENT AGREEMENT is made this
17th day of July, 2013, between the TOWN OF FRASER, a municipal corporation, P.O. Box
370, Fraser, CO 80442 (the "Town"); and MCKENNA PROPERTIES, LLC, a Colorado limited
liability company (as to Unit A), SAM G. SHEPPARD (as to Unit B), and Adam John Edwards
and Leigh Marie Nelson (as to Unit C) (collectively, "Owner"), whose address is 9328 E. Evans
Place, Denver, CO 80231.
WHEREAS, Owner is the owner of real estate situated in the Town of Fraser, Grand
County, Colorado described as follows:
UNITS A, B & C, PTARMIGAN BEND TOWNHOUSES, ACCORDING TO THE AS-
BUILT PLAT RECORDED APRIL 15, 1982 UNDER RECEPTION NO. 192676,
COUNTY OF GRAND, STATE OF COLORADO.
(hereinafter "Owner's Property"; and
WHEREAS, a retaining wall for the driveway on Owner's Property encroaches into the
fifty foot wide right-of-way of Wapiti Drive adjacent to Owner's Property, which right of way
was dedicated to the Town; and
WHEREAS, Owner has requested, and the Town has agreed to grant a temporary
encroachment easement for the replacement, maintenance and repair of such retaining wall in
accordance with the terms of this Agreement; and
WHEREAS, it is the intent of the parties that the terms of this Agreement shall be
binding upon Owner and all future owners of Owner's Property.
NOW THEREFORE, in consideration of the premises above set forth and for good and
valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
(1) The Town hereby grants to Owner a temporary, non-exclusive easement for the
replacement, maintenance and repair of the existing retaining wall, which easement is more fully
described on Exhibit "A" attached hereto and incorporated herein by reference (the "Easement").
Prior to replacement of such retaining wall, Owner shall provide Town with the plans and
specifications for the removal of the existing wall and construction of the replacement retaining
wall. Such plans and specification shall be subject to Town approval. Owner understands that
the Town is undertaking drainage improvements on the right-of-way where the retaining wall is
located. Owner shall coordinate its plans and construction in order not to interfere with or delay
such drainage improvements. All construction, maintenance and repair work within the
Easement by or on behalf of Owner shall be done in a timely and good and workmanlike manner
and in accordance with all applicable laws and regulations. The surface of the Easement shall be
returned to at least the same condition as it was in immediately preceding such construction,
maintenance or repair work including, without limitation, revegetation and landscaping, grading,
compaction, drainage, and removal of any debris. If Owner fails to proceed with submission of
the required plans and specifications and to complete the reconstruction of the retaining wall by
June 30, 2014,then the Town may terminate the Easement and this Agreement by notice to
Owner and recording a termination statement with the Clerk and Recorder. In the event of such
termination, Owner shall be required to remove any remaining encroachment from the right-of-
way as provided in Paragraph 4 below.
(2) In consideration for the Easement, Owner shall pay the Town the sum of$10.00,
which shall be payable upon approval of this Agreement by the Fraser Board of Trustees and
prior to delivery of the original of this Agreement to Owner.
(3) The Easement is nonexclusive. The Town may use the area encompassed by the
Easement in any manner whatsoever, so long as such use is consistent with the temporary
Easement herein granted. Owner acknowledges that routine road maintenance and snow
removal operations by the Town on the right-of-way may cause damage to the retaining wall.
The Town shall not be liable for any such damage and Owner shall be solely responsible for any"
necessary repairs. Owner further acknowledges that there are existing Town water and sewer
lines in the street right-of-way, located under or near where the replacement retaining wall will
be installed by Owner. If it is becomes necessary for the Town to repair or replace such water
and sewer lines, Owner shall be responsible for reimbursement of any additional costs incurred
by the Town due to the existence of the retaining wall within the right-of-way and Owner shall
also bear all costs of repairing, removing or relocating the retaining wall as required for the
conduct of such water and/or sewer main work. Reimbursement for any such costs incurred by
the Town shall be paid within thirty (30) days after an invoice is sent to Owner at the address set
forth above, or such other address as he may hereafter furnish to the Town in writing. The
provisions of this Paragraph 3 shall not preclude the Town from terminating the Easement, as
provided in Paragraph 4 below, in its discretion.
(4) The Easement shall terminate upon the removal, destruction or abandonment of
the retaining wall installed by Owner or that part thereof that encroaches upon the public right-
of-way. The Town may also terminate the Easement, upon not less than thirty (30) days written
notice to Owner, if the Fraser Board of Trustees determines that removal of the retaining wall is
necessary for the installation of street or utility improvements, or for other public health, safety
and welfare reasons. The recording of an affidavit signed by the then Mayor of the Town of
Fraser, attesting to the termination of the Easement as provided in this Paragraph, shall be
conclusive evidence that the Easement has been so terminated. Upon such termination, by
whatever means, Owner agrees to promptly remove the retaining wall and restore the right-of-
way to the condition it was in prior to the construction of the wall. If Owner fails to commence
such work within thirty (30) days after notification from the Town and diligently proceed to
completion,the Town may itself perform the work and recover all costs thereof from Owner.
-2 -
(5) In further consideration for the grant of the Easement, Owner agrees to indemnify
and hold harmless the Town, its officers, employees, insurers, and self-insurance pool (the
"Indemnified Parties"), from and against all liabilities, losses, claims, demands, damages and
expenses, including reasonable attorney fees, incurred or suffered by the Indemnified Parties as a
result o£ (a) failure by Owner to perform any covenant or obligation required to be performed
by Owner hereunder; (b) any accident, injury, or damage caused by, resulting from, arising out
of or in any manner connected with the existence of the retaining wall upon the public right-of-
way or the use of the Easement hereby granted; (d) structural failure of the retaining wall or any
other claim, loss or damage due to Owneris installation of the wall; and (c) failure by Owner to
comply with any requirement of any governmental authority.
(6) This Agreement shall be binding upon and inure to the benefit of the parties,their
heirs, successors, assigns and personal representatives, all other parties who may hereafter
acquire an interest in the properties subject hereto, and except as otherwise provided herein, shall
run with the land. In case of multiple Owners of the Owner's Property, each such Owner shall be
jointly and severally obligated for the performance of Owner's responsibilities hereunder.
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures,
effective the date first above mentioned.
TOWN
TOWN OF FRASER, COLORADO
BY:
Peggy Smith, Mayor
( SEAL ) ATTEST:
Lu Berger, Town Clerk
STATE OF COLORADO )
) SS
COUNTY OF GRAND )
The foregoing instrument was acknowledged before me on
2013, by Peggy Smith, as Mayor, and Lu Berger, as Town Clerk, of the Town of Fraser,
Colorado, a municipal corporation of the State of Colorado.
Witness my hand and official seal.
My Commission expires:
( SEAL ) Notary Public
-3 -
OWNER
MCKENNA PROPERTIES, LLC, a
Colorado limited liability company
_BY:
TITLE:
STATE OF )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me on
2013, by , as of MCKENNA PROPERTIES, LLC, a
Colorado limited liability company.
Witness my hand and official seal.
My Commission expires:
( SEAL ) Notary Public
(Additional signature pages follow)
-4-
OWNER
SAM G. SHEPPARD
STATE OF
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me on 2013,
by SAM G. SHEPPARD.
Witness my hand and official seal.
My Commission expires:
( SEAL ) Notary Public
(Additional signature pages follow)
_ 5
OWNER(S)
Adam John Edwards
Leigh Marie Nelson
STATE OF )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me on 2013,
by Adam John Edwards and Leigh Marie Nelson
Witness my hand and official seal.
My Commission expires:
( SEAL ) Notary Public
-6 -
KERVIN INC
SURVEYING
June 21,2013
EXHIBIT «A„
LEGAL DESCRIPTION -WALL EASEMENT
A Wall Easement located in Wapitti Drive right-of-way as shown on the plat of Ptarmigan
recorded January 8, 1973 as Reception Number 125924 of the records of Grand County,
Colorado, located in a portion of Section 19,T1S, R75W of the 6th P.M., Town of Fraser, County
of Grand State of Colorado,more particularly described as follows:
COMMENCING at the Southwest Corner of Ptarmigan Bend Townhouses, a subdivision recorded
April 15, 1982 as Reception Number 192676 of the records of Grand County, Colorado, from
which the Southeast Comer of said Ptarmigan Bend Townhouses bears, S58 010'34"E, (Basis of
Bearing), thence N31 049'26"E, 37.00 feet along the Westerly Line of said Ptarmigan Bend
Townhouses to the TRUE POINT OF BEGINNING;
Thence N58°10'34"W, 8.00 feet to a point on a line that is 8.00'Westerly of, as measured at right
angles to and parallel with the Westerly Line of said Ptarmigan Bend Townhouses;
Thence N31°49'26"E, 40.00 feet along a line that is parallel with the Westerly Line of said
Ptarmigan Bend Townhouses;
Thence N48 002'06"E, 38.15 feet to a non-tangent curve to the left and the Northwest Comer of
said Ptarmigan Bend Townhouses;
Thence 20.00 feet along the arc of said curve concaved to the Southeast and along the Westerly
Line of said Ptarmigan Bend Townhouses to a point tangent said arc having a radius of 75.00
feet, a central angle of 15 016'55", and being subtended by a chord that bears S39027'53"W,
19.94 feet;
Thence S31°49'26"W, 56.87 feet along Westerly Line of said Ptarmigan Bend Townhouses to the
TRUE POINT OF BEGINNING.
g11
Area=43 or less.
Q' e®s'saa foa
SEA, ®,
f �- v
Kervinici,
Michae( y' cYaaa"8yJ �
Colorado Rr;QR I
Land Survve
Date: 6-21-13
Notes:
1.) NOTICE: According to Colorado law you must commence any legal action based upon any defect
in this survey within three years after you first discovered such defect. In no event,may any action
based upon any defect in this survey be commenced more than ten years from the date of the
certification shown.
2.) Legal description was prepared by Michael S,Kervin,PLS,55 Aspen Place, Evergreen,CO 80439.
Kervin_Inc @msn.com 55 Aspen Place
Evergreen,CO 80439
970-531-8499
WV
/ I WV RONDO
FH SIGN
/w P
e/ / ; - L-20.00'
c,�/ Q a21 / roy : p6 SS8 R=75.00'
1=15'18'55"
CH—S39'27'53"W
19.94'
O° L� i g �•
P
DRIVEWAY qU
/ <vQ��o/ lY )0' O
/ P.O.B. Q�U
JI ,
PTARMIGAN
TOWNHOUSES
P.q.c. REC ,#192676
/ Q (LOT S8-PTARAIGAN) �P
J - r (REC#125924)
t49
•, � � 7•t,°s'
LOT S7ti�l
PTARMIGAN
REC #125924
1�1r
1.) 9earklgs shown on the w 4,r w^�st4ti �f;C�e� •,
occowan,ln Exhibit Mop are �:A'a2`f-2 I r�'�,L w:�
based on the assamptbn that the
West Line of Ptarmigan Bend •=! "mod
PTAfUfiGAN BEND TONMHOUSES
Townhouses,bears find plot as -� .. A PORTION OF 7HE AV W4 OF OF
as shown on the tinai plot �.� !� r //
thereof. i $Ec7m 19, 77$ R75W, 67H
rs �' P.M., TOM OF FRASM COUNTY
2)This Exhibit Map is NOT a mp K `` INC. p �arQF (LgND STATE OF CCafl�PA00.
"LAND SURVEY PLAT'or �l./fJ• y4�! 1 A �`'
'IMPROVEMENT SURVEY PLAT.* Its D'1`'�, �urla� 013 FKEF /V Is a grcphlaai representation for F n . ..��'y�'P�i`-- SCALE:r-100• a i/the proposed easement, e �-3 DAIS't,0-2I-13 FRASER,CA
EVERGREEN,CO
TOWN OF FRASER
RESOLUTION NO. 2013-10-06
A RESOLUTION AUTHORIZING EXECUTION OF A TEMPORARY ENCROACHMENT
EASEMENT AGREEMENT FOR PTARMIGAN BEND TOWNHOUSES, AT 760 WAPITI DRIVE,
FRASER COLORADO.
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO THAT:
1. The Mayor is hereby authorized to execute the attached Temporary Encroachment
Easement as attached (in lieu of the agreement that was previously authorized by
Resolution 2013-07-01 as that agreement was not executed within the timeframe
authorized by said Resolution) and including an amended Exhibit A which extends the
easement area further south to the property line.
2. The Easement Agreement must be executed by Owners within 45 days of the date of
this resolution or this approval shall no longer be effective.
3. The owners have agreed to reimburse the Town of Fraser for costs incurred by the town
in connection with the preparation and implementation of said agreement and all such
fees shall be paid prior to execution of the agreement by the Mayor. Any outstanding
costs after such date may be collected as a lien on the property.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS 16th DAY OF OCTOBER, 2013.
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
Mayor
ATTEST:
(S E A L)
Town Clerk
l—
C D L O R A D Q
Finance Update: 10/16/2013
Prepared: 10/09/2013
The August Sales Tax Report is transmitted in this week's packet. Sales Tax Receipts are
currently running 3% above this same time period last year. I have made the adjustments to our
13" month submitter's payments so the report is up to date at this time.
Financials for the Town and the Joint Facilities Fund will be included in this week's packet if I
have time to get them done prior to the packet being loaded to the web site—if not look for them
in your next packet.
Wrapping up all of the quarter end responsibilities in my department, and working on budget to a
large degree. I have really enjoyed the "visioning"session and the bud comm meeting yesterday
— I really see the Board "gelling"on major areas of operations and that really is positive from an
employee's perspective. As we work through and finalize the budget/work plan for 2014 1 can
feel the excitement in all departments. Great Job!
We will be having a lot of face-time in the next couple of months so please let me know if there is
anything I can do to help make the process easier/more understandable/enjoyable for you—ok,
maybe the last task would be difficult, it is after all, the budget process.
As always please contact me with any questions or concerns you might have: 726-5491 X206 or
at nhavens(a)town.fraser.co.us.
Town of Fraser
PO Box 370,Fraser,CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
NMIIII
- Fraser Building Activity 2013
COLOYiX D O
Total Number of Building Permits
Total for 2009 35
Total for 2010 36
Total for 2011 45
Total for 2012 49
2011 through Sept 38
2012 through Sept 32
2013 through Sept 54
Difference 2013 / 2012 22
Difference 20131 2011 16
Dollar Valuation (no hourly fee has valuation $ in 2011, 12)
Total for 2009 $1,066,056
Total for 2010 $135,233
Total for 2011 $3,743,778
Total for 2012 $2,190,195
2011 through Sept $3,736,624
2012 through Sept $1,279,377
2013 through Sept $5,498,307
Difference 2013 / 2012 $4,218,930
Difference 2013 / 2011 $1,761,683
Building Fees
Total for 2009 $13,284
Total for 2010 $3,644
Total for 2011 $40,277
Total for 2012 $27,412
2011 through Sept $39,628
2012 through Sept $15,540
2013 through Sept $65,407
Difference 2013 / 2012 $49,868
Difference 2013 / 2011 $25,779
New Residential Area
2013 through Sept 42,276 sq. ft.
New Commercial Area
2013 through Sept 0 sq. ft.
New Garage Area
2013 through Sept 9,222 sq. ft.
New Deck/Patio Area
2013 through Sept 7,636 sq. ft.
TOWN OF FRASER-JOINT FACILITIES
BALANCE SHEET
SEPTEMBER 30,2013
JOINT FACILITIES FUND
ASSETS
40-10100 CASH ALLOCATED TO OTHER FUNDS 89.89
40-10210 JFOC CHECKING-GMB 0318047507 105,609.04
40-10215 GMB MONEY MARKET-O&M RESERVE 52,974.31
40-11550 A/R-WPR 9,635.91
40-11560 A/R-GC#1 15,370.77
40-11570 A/R-TOF 8,335.56
TOTAL ASSETS 192,015.48
LIABILITIES AND EQUITY
FUND EQUITY
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES-YTD 192,015.48
BALANCE-CURRENT DATE 192,015.48
TOTAL FUND EQUITY 192,015.48
TOTAL LIABILITIES AND EQUITY 192,015.48
TOWN OF FRASER-JOINT FACILITIES
REVENUES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
JOINT FACILITIES FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
REVENUE
40-30-100 INTEREST-O&M ACCOUNTS 19.61 309.76 600.00 290.24 51.6
40-30-200 O&M REIMBURSEMENT-WPR 9,635.91 126,454.74 216,742.00 90,287.26 58.3
40-30-210 O&M REIMBURSEMENT-GC#1 15,370.77 201,715.00 345,737.00 144,022.00 58.3
40-30-220 O&M REIMBURSEMENT-TOF 8,335.56 109,389.89 187,493.00 78,103.11 58.3
40-30-900 MISCELLANEOUS REVENUE .00 2,379.68 .00 ( 2,379.68) .0
40-30-999 CARRYOVER BALANCE .00 189,326.02 247,362.00 58,035.98 76.5
TOTAL REVENUE 33,361.85 629,575.09 997,934.00 368,358.91 63.1
TOTAL FUND REVENUE 33,361.85 629,575.09 997,934.00 368,358.91 63.1
TOWN OF FRASER-JOINT FACILITIES
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
JOINT FACILITIES FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
PLANT EXPENDITURES
40-85-110 SALARIES 13,072.81 120,280.21 181,440.00 61,159.79 66.3
40-85-210 HEALTH INSURANCE 2,888.42 25,260.19 45,000.00 19,739.81 56.1
40-85-220 FICA TAX 932.37 8,577.26 13,880.00 5,302.74 61.8
40-85-230 RETIREMENT 522.91 4,811.18 7,258.00 2,446.82 66.3
40-85-250 UNEMPLOYMENT TAX 39.22 360.87 544.00 183.13 66.3
40-85-280 TRAINING PROGRAMS .00 430.00 3,000.00 2,570.00 14.3
40-85-290 TRAVEL-MEALS AND LODGING .00 654.35 2,500.00 1,845.65 26.2
40-85-295 MEALS-LOCAL BUSINESS .00 .00 200.00 200.00 .0
40-85-310 LEGAL FEES .00 .00 5,000.00 5,000.00 .0
40-85-320 AUDIT FEE .00 3,981.00 5,000.00 1,019.00 79.6
40-85-330 ENGINEERING FEES .00 4,904.10 15,000.00 10,095.90 32.7
40-85-350 SLUDGE REMOVAL 2,745.29 34,520.33 65,000.00 30,479.67 53.1
40-85-370 PROFESSIONAL SERVICES 232.00 2,088.00 20,000.00 17,912.00 10.4
40-85-375 REIMBURSABLE PROF SERVICES .00 .00 1,000.00 1,000.00 .0
40-85-410 BANK CHARGES .00 .00 100.00 100.00 .0
40-85-430 INSURANCE-PLANT .00 30,150.17 32,000.00 1,849.83 94.2
40-85-440 ADVERTISING .00 367.20 50.00 ( 317.20) 734.4
40-85-460 PLANT MAINTENANCE AND REPAIR 258.47 27,637.28 40,000.00 12,362.72 69.1
40-85-475 GROUNDS MAINTENANCE .00 81.25 2,000.00 1,918.75 4.1
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 .00 2,048.54 20,000.00 17,951.46 10.2
40-85-506 OPERATING SUPPLIES-CHEMICALS .00 53,227.36 85,000.00 31,772.64 62.6
40-85-510 EQUIPMENT PURCHASE AND REPAIR .00 719.10 20,000.00 19,280.90 3.6
40-85-520 TESTING 2,577.18 24,987.30 55,000.00 30,012.70 45.4
40-85-525 PERMITS .00 93.51 10,000.00 9,906.49 .9
40-85-560 UTILITIES-TELEPHONE 171.34 1,800.58 5,500.00 3,699.42 32.7
40-85-562 UTILITIES-ELECTRICITY 9,298.75 82,098.22 95,000.00 12,901.78 86.4
40-85-565 UTILITIES-NATURAL GAS 81.81 2,612.72 6,000.00 3,387.28 43.6
40-85-567 UTILITIES-PLANT GENERATOR .00 .00 2,500.00 2,500.00 .0
40-85-569 UTILITIES-TRASH REMOVAL 134.87 1,213.83 3,500.00 2,286.17 34.7
40-85-650 VEHICLE EXPENSES 386.80 4,655.06 6,500.00 1,844.94 71.6
40-85-690 MISCELLANEOUS EXPENSE .00 .00 1,000.00 1,000.00 .0
TOTAL PLANT EXPENDITURES 33,342.24 437,559.61 749,972.00 312,412.39 58.3
TOTAL FUND EXPENDITURES 33,342.24 437,559.61 749,972.00 312,412.39 58.3
NET REVENUE OVER EXPENDITURES 19.61 192,015.48 247,962.00 55,946.52 77.4
TOWN OF FRASER-JOINT FACILITIES
BALANCE SHEET
SEPTEMBER 30,2013
JFF-CRR/CIP FUND
ASSETS
47-10100 CASH-COMBINED FUND ( 89.89)
47-10220 COLOTRUST 8006-CRR 89,035.15
47-10310 CB MONEY MARKET-CRR 244,936.49
47-10410 GMB MONEY MARKET-CRR 85,948.80
47-10521 CDARS-1014540756-CRR 381,055.36
47-10522 CDARS-1014540802-CRR 381,055.36
47-10523 CDARS-1014540837-CRR 381,004.31
47-10524 CDARS-1015381732-CRR 200,837.38
47-10525 CDARS-1015300856-CRR 365,413.61
47-10526 CDARS-1015300872-CRR 381,790.95
TOTAL ASSETS 2,510,987.52
LIABILITIES AND EQUITY
FUND EQUITY
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES-YTD 2,510,987.52
BALANCE-CURRENT DATE 2,510,987.52
TOTAL FUND EQUITY 2,510,987.52
TOTAL LIABILITIES AND EQUITY 2,510,987.52
TOWN OF FRASER-JOINT FACILITIES
REVENUES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
JFF-CRR/CIP FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
CRR AND CIP FUND REVENUES
47-30-100 INTEREST INCOME-CRR ACCOUNTS 1,121.46 12,587.61 20,000.00 7,412.39 62.9
47-30-990 CRR CARRYOVER BALANCE .00 2,598,184.23 2,447,244.00 ( 150,940.23) 106.2
TOTAL CRR AND CIP FUND REVENUES 1,121.46 2,610,771.84 2,467,244.00 ( 143,527.84) 105.8
TOTAL FUND REVENUE 1,121.46 2,610,771.84 2,467,244.00 ( 143,527.84) 105.8
TOWN OF FRASER-JOINT FACILITIES
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
JFF-CRR/CIP FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
CAPITAL RPLMNTRESERVE PROJECTS
47-60-730 CRR PROJECTS .00 .00 34,000.00 34,000.00 .0
TOTAL CAPITAL RPLMNTRESERVE PROJEC .00 .00 34,000.00 34,000.00 .0
CAPITAL IMPROVEMENT PROJECTS
47-65-370 ENG,LEGAL&OTHER PROF SRVCS .00 730.50 .00 ( 730.50) .0
47-65-730 CIP PROJECTS 33,038.00 99,053.82 320,000.00 220,946.18 31.0
TOTAL CAPITAL IMPROVEMENT PROJECTS 33,038.00 99,784.32 320,000.00 220,215.68 31.2
CAPITAL PURCHASES
47-69-740 CAPITAL PURCHASES .00 .00 25,000.00 25,000.00 .0
TOTAL CAPITAL PURCHASES .00 .00 25,000.00 25,000.00 .0
TOTAL FUND EXPENDITURES 33,038.00 99,784.32 379,000.00 279,215.68 26.3
NET REVENUE OVER EXPENDITURES ( 31,916.54) 2,510,987.52 2,088,244.00 ( 422,743.52) 120.2
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TOWN OF FRASER
COMBINED CASH INVESTMENT
SEPTEMBER 30,2013
COMBINED CASH ACCOUNTS
01-10200 GENERAL CHECKING#878-000884 238,805.31
01-10220 GENERAL CO-01-0160-8001 7,410,368.15
TOTAL COMBINED CASH 7,649,173.46
01-10100 CASH ALLOCATED TO OTHER FUNDS ( 7,649,173.46)
TOTAL UNALLOCATED CASH .00
CASH ALLOCATION RECONCILIATION
10 ALLOCATION TO GENERAL FUND 2,922,430.00
20 ALLOCATION TO CONSERVATION TRUST FUND 20,807.41
30 ALLOCATION TO CAPITAL EQUIP REPLACEMENT FUND 496,832.86
32 ALLOCATION TO CAPITAL ASSET FUND 286,002.97
40 ALLOCATION TO DEBT SERVICE FUND 490,252.82
50 ALLOCATION TO WATER FUND 893,424.17
55 ALLOCATION TO WASTEWATER FUND 2,539,423.23
TOTAL ALLOCATIONS TO OTHER FUNDS 7,649,173.46
ALLOCATION FROM COMBINED CASH FUND-01-10100 ( 7,649,173.46)
ZERO PROOF IF ALLOCATIONS BALANCE .00
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:1
TOWN OF FRASER
BALANCE SHEET
SEPTEMBER 30,2013
GENERALFUND
ASSETS
10-10100 CASH-COMBINED FUND 2,922,430.00
10-11100 PROPERTY TAXES RECEIVABLE 218,291.00
10-11550 ACCTS REC-BILLINGS 52,642.88
10-12000 ALLOWANCE FOR DOUBTFUL ACCTS. ( 20,409.55)
TOTAL ASSETS 3,172,954.33
LIABILITIES AND EQUITY
LIABILITIES
10-21000 ACCRUED WAGES 26,502.51
10-21710 FWT/FICA PAYABLE 9,594.65
10-21730 STATE WITHHOLDING PAYABLE 3,740.00
10-21740 UNEMPLOYMENT TAXES PAYABLE 42.31
10-21750 RETIREMENT PLAN PAYABLE 2,865.28
10-21755 457 DEFERRED COMP PAYABLE 2,199.60
10-21760 HEALTH INSURANCE PAYABLE 20,455.70
10-21773 DEPENDENT CARE PAYABLE ( 1,329.53)
10-21775 FLEX HEALTH PLAN PAYABLE 6,529.52
10-22210 DEFERRED TAXES 218,291.35
10-22920 SUBDIVISION IMP SECURITY DEP 18,238.20
10-22930 DRIVEWAY PERMIT SURETY 13,000.00
10-22940 PRE-ANNEXATION DEPOSIT-BPR 10,000.00
10-22950 RENTAL PROPERTY DEPOSITS HELD 750.00
TOTAL LIABILITIES 330,879.59
FUND EQUITY
10-27000 RESFUND BAL-SAVINGS 750,000.00
10-27100 RESTRICTED FUND BALANCE 221,805.00
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES-YTD 1,870,269.74
BALANCE-CURRENT DATE 1,870,269.74
TOTAL FUND EQUITY 2,842,074.74
TOTAL LIABILITIES AND EQUITY 3,172,954.33
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:2
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
GENERALFUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
TAXES
10-31-100 GENERAL FUND PROPERTY TAX 1,569.41 216,172.10 218,500.00 2,327.90 98.9
10-31-200 SPECIFIC OWNERSHIP TAX 1,802.51 6,797.67 8,000.00 1,202.33 85.0
10-31-300 MOTOR VEHICLE TAX .00 2,296.50 4,000.00 1,703.50 57.4
10-31-400 TOWN SALES TAX 224,015.61 1,015,107.18 1,600,000.00 584,892.82 63.4
10-31-410 USE TAX-BUILDING MATERIALS 30,389.72 128,495.31 40,000.00 ( 88,495.31) 321.2
10-31-420 USE TAX-MOTOR VEHICLE SALES 4,028.15 39,642.36 35,000.00 ( 4,642.36) 113.3
10-31-430 STATE CIGARETTE TAX 377.95 2,668.17 4,500.00 1,831.83 59.3
10-31-800 FRANCHISE FEES 1,698.93 30,849.64 40,000.00 9,150.36 77.1
TOTAL TAXES 263,882.28 1,442,028.93 1,950,000.00 507,971.07 74.0
LICENSES&PERMITS
10-32-100 BUSINESS LICENSE FEES 120.00 13,320.00 10,500.00 ( 2,820.00) 126.9
10-32-110 REGULATED INDUSTRY FEES/TAXES .00 10,898.32 2,000.00 ( 8,898.32) 544.9
TOTAL LICENSES&PERMITS 120.00 24,218.32 12,500.00 ( 11,718.32) 193.8
INTERGOVERNMENTAL
10-33-100 GRANTS .00 2,000.00 .00 ( 2,000.00) .0
TOTAL INTERGOVERNMENTAL .00 2,000.00 .00 ( 2,000.00) .0
CHARGES FOR SERVICES
10-34-100 ANNEXATION FEES .00 .00 1,000.00 1,000.00 .0
10-34-110 ZONING FEES .00 .00 1,500.00 1,500.00 .0
10-34-120 SUBDIVISION FEES .00 1,300.00 1,500.00 200.00 86.7
10-34-130 MISCELLANEOUS PLANNING FEES 90.00 1,055.00 1,000.00 ( 55.00) 105.5
TOTAL CHARGES FOR SERVICES 90.00 2,355.00 5,000.00 2,645.00 47.1
MISCELLANEOUS REVENUE
10-36-100 INTEREST EARNINGS 263.11 2,664.89 5,500.00 2,835.11 48.5
10-36-300 RENTAL INCOME 315.00 6,405.00 9,000.00 2,595.00 71.2
10-36-500 SALE OF GENERAL FIXED ASSETS .00 10,000.00 .00 ( 10,000.00) .0
10-36-610 REIMBURSABLE-PROF SERVICES 808.52 261,873.78 25,000.00 ( 236,873.78) 1047.5
10-36-900 MISCELLANEOUS REVENUE 6,318.57 23,752.03 35,000.00 11,247.97 67.9
TOTAL MISCELLANEOUS REVENUE 7,705.20 304,695.70 74,500.00 ( 230,195.70) 409.0
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:3
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
GENERALFUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
OTHER SOURCES&TRANSFERS
10-39-900 TRANSFERS IN FROM OTHER FUNDS .00 .00 21,500.00 21,500.00 .0
10-39-999 CARRYOVER BALANCE .00 1,861,551.16 1,718,462.00 ( 143,089.16) 108.3
TOTAL OTHER SOURCES&TRANSFERS .00 1,861,551.16 1,739,962.00 ( 121,589.16) 107.0
TOTAL FUND REVENUE 271,797.48 3,636,849.11 3,781,962.00 145,112.89 96.2
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:4
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
GENERALFUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
TOWN BOARD
10-41-110 SALARIES 3,500.00 13,800.00 26,000.00 12,200.00 53.1
10-41-220 FICA TAX 267.75 1,055.70 1,989.00 933.30 53.1
10-41-280 TRAINING PROGRAMS .00 165.75 2,000.00 1,834.25 8.3
10-41-290 TRAVEL,MEALS AND LODGING 90.00 2,579.45 3,000.00 420.55 86.0
10-41-295 MEALS AND ENTERTAINMENT 243.38 3,478.67 6,000.00 2,521.33 58.0
10-41-690 MISCELLANEOUS EXPENSE .00 100.00 3,000.00 2,900.00 3.3
10-41-860 GRANTS AND AID TO AGENCIES .00 1,050.00 .00 ( 1,050.00) .0
10-41-861 INTERGOVERNMENTAL AGREEMENTS .00 9,000.00 14,500.00 5,500.00 62.1
10-41-862 FRASER/WINTER PARK POLICE DEPT 32,401.00 303,432.15 404,000.00 100,567.85 75.1
10-41-863 STREET LIGHTING AND SIGNALS 1,140.43 9,720.82 15,000.00 5,279.18 64.8
10-41-864 SPECIAL EVENTS .00 30,000.00 30,000.00 .00 100.0
10-41-867 CHAMBER OF COMMERCE-IGA .00 33,843.35 53,280.00 19,436.65 63.5
10-41-868 WINTER SHUTTLE-IGA .00 50,000.00 50,000.00 .00 100.0
10-41-870 BUSINESS DISTSTREETSCAPE .00 2,800.00 .00 ( 2,800.00) .0
10-41-871 BUSINESS ENHANCEMENT PROGRAMS .00 .00 10,000.00 10,000.00 .0
TOTAL TOWN BOARD 37,642.56 461,025.89 618,769.00 157,743.11 74.5
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:5
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
GENERALFUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
ADMINISTRATION
10-45-110 SALARIES 14,823.71 150,400.76 202,250.00 51,849.24 74.4
10-45-210 HEALTH INSURANCE 2,859.88 27,773.14 40,000.00 12,226.86 69.4
10-45-220 FICA TAX 1,053.96 10,745.71 15,472.00 4,726.29 69.5
10-45-230 RETIREMENT 582.18 5,908.34 8,090.00 2,181.66 73.0
10-45-250 UNEMPLOYMENT TAX 44.46 451.09 607.00 155.91 74.3
10-45-280 TRAINING PROGRAMS .00 1,749.90 2,000.00 250.10 87.5
10-45-290 TRAVEL,MEALS AND LODGING .00 1,539.64 2,000.00 460.36 77.0
10-45-295 MEALS AND ENTERTAINMENT 70.00 1,278.21 3,000.00 1,721.79 42.6
10-45-310 LEGAL FEES 10,083.00 40,275.34 35,000.00 ( 5,275.34) 115.1
10-45-320 AUDIT FEES .00 11,232.00 15,496.00 4,264.00 72.5
10-45-330 ENGINEERING FEES .00 1,246.81 5,000.00 3,753.19 24.9
10-45-360 COMPUTERS-NETWORKS AND SUPPORT 1,625.83 17,951.37 25,000.00 7,048.63 71.8
10-45-370 OTHER PROFESSIONAL SERVICES 2,000.00 11,303.70 40,000.00 28,696.30 28.3
10-45-375 REIMBURSABLE PROF SERVICES 64.50 232,280.00 25,000.00 ( 207,280.00) 929.1
10-45-380 JANITORIAL SERVICES 702.46 5,864.25 15,000.00 9,135.75 39.1
10-45-385 TREASURER'S FEES 31.39 4,323.46 6,555.00 2,231.54 66.0
10-45-395 RECORDING FEES .00 500.00 1,000.00 500.00 50.0
10-45-410 BANK CHARGES 35.40 447.10 800.00 352.90 55.9
10-45-420 ELECTIONS .00 .00 2,500.00 2,500.00 .0
10-45-430 INSURANCE-ALL DEPARTMENTS .00 23,468.97 40,000.00 16,531.03 58.7
10-45-440 ADVERTISING 79.31 1,576.89 1,500.00 ( 76.89) 105.1
10-45-490 PROFESSIONAL MEMBERSHIPS .00 6,337.00 7,000.00 663.00 90.5
10-45-500 OPERATING SUPPLIES 801.80 5,803.53 12,000.00 6,196.47 48.4
10-45-510 EQUIPMENT PURCHASE AND REPAIR .00 189.13 10,000.00 9,810.87 1.9
10-45-550 POSTAGE 171.00 994.98 1,500.00 505.02 66.3
10-45-560 UTILITIES-TELEPHONE 419.65 3,742.19 6,000.00 2,257.81 62.4
10-45-561 UTILITIES-NATURAL GAS .00 2,507.24 5,500.00 2,992.76 45.6
10-45-562 UTILITIES-ELECTRICITY 357.11 3,602.77 6,500.00 2,897.23 55.4
10-45-569 UTILITIES-TRASH REMOVAL 200.00 1,179.19 2,000.00 820.81 59.0
10-45-670 PROP MGMT-117 EISENHOWER DR 491.20 6,856.63 10,000.00 3,143.37 68.6
10-45-671 PROP MGMT-105 FRASER AVE .00 52.14 500.00 447.86 10.4
10-45-673 PROP MGMT-153 FRASER AVE 103.00 2,145.28 6,000.00 3,854.72 35.8
10-45-674 PROP MGMT-200 EISENHOWER DR .00 .00 500.00 500.00 .0
10-45-676 PROP MGMT-400 DOC SUSIE AVE 29.99 855.80 500.00 ( 355.80) 171.2
10-45-690 MISCELLANEOUS EXPENSE .00 2,357.58 7,500.00 5,142.42 31.4
10-45-810 LEASE/PURCHASE-PRINCIPAL .00 18,342.20 18,343.00 .80 100.0
10-45-820 LEASE/PURCHASE-INTEREST .00 20,031.56 20,032.00 .44 100.0
TOTAL ADMINISTRATION 36,629.83 625,313.90 600,145.00 ( 25,168.90) 104.2
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:6
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
GENERALFUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
PUBLIC WORKS
10-60-110 SALARIES 27,766.26 266,519.90 360,000.00 93,480.10 74.0
10-60-210 HEALTH INSURANCE 6,080.95 56,726.17 69,500.00 12,773.83 81.6
10-60-220 FICA TAX 1,946.48 18,877.88 27,540.00 8,662.12 68.6
10-60-230 RETIREMENT 886.91 8,744.01 14,400.00 5,655.99 60.7
10-60-250 UNEMPLOYMENTTAX 83.29 799.40 1,080.00 280.60 74.0
10-60-260 WORKERS COMP CLAIMS .00 328.41 .00 ( 328.41) .0
10-60-280 TRAINING PROGRAMS .00 101.77 1,000.00 898.23 10.2
10-60-290 TRAVEL,MEALS AND LODGING .00 120.00 1,000.00 880.00 12.0
10-60-295 MEALS AND ENTERTAINMENT .00 345.24 500.00 154.76 69.1
10-60-330 ENGINEERING FEES 624.00 9,318.61 10,000.00 681.39 93.2
10-60-360 COMPUTER NETWORK SUPPORT .00 .00 1,500.00 1,500.00 .0
10-60-370 OTHER PROFESSIONAL SERVICES .00 1,743.20 2,500.00 756.80 69.7
10-60-480 EQUIPMENT RENTAL .00 .00 2,500.00 2,500.00 .0
10-60-490 PROFESSIONAL MEMBERSHIPS .00 100.00 250.00 150.00 40.0
10-60-500 OPERATING SUPPLIES 1,508.10 44,605.67 60,000.00 15,394.33 74.3
10-60-506 PLANTS/PLANTER SUPPLIES .00 6,013.58 10,000.00 3,986.42 60.1
10-60-510 EQUIPMENT PURCHASE AND REPAIR 3,993.67 17,921.44 30,000.00 12,078.56 59.7
10-60-560 UTILITIES-TELEPHONE 50.89 760.30 2,500.00 1,739.70 30.4
10-60-561 UTILITIES-NATURAL GAS .00 3,112.37 5,500.00 2,387.63 56.6
10-60-562 UTILITIES-ELECTRICITY 129.98 1,299.22 2,500.00 1,200.78 52.0
10-60-569 UTILITIES-TRASH REMOVAL 138.77 840.39 2,000.00 1,159.61 42.0
10-60-670 PROP MGMT-125 FRASER AVE .00 282.31 2,500.00 2,217.69 11.3
10-60-673 PROP MGMT-FRASER RIVER TRAIL 436.38 2,351.11 5,000.00 2,648.89 47.0
10-60-676 PROP MGMT-OLD SCHLHOUSE PK 45.00 533.52 500.00 ( 33.52) 106.7
10-60-679 PROP MGMT-SCHOOL BUS GARAGE 47.02 2,575.28 6,000.00 3,424.72 42.9
10-60-681 PROP MGMT-COZENS RANCH PARK 325.00 1,433.87 5,000.00 3,566.13 28.7
10-60-682 PROP MGMT-AMTRAK STATION .00 13.48 .00 ( 13.48) .0
10-60-683 PROP MGMT-PTARMIGAN OS 162.50 162.50 .00 ( 162.50) .0
10-60-684 PROP MGMT-FRODO 162.50 2,439.25 21,500.00 19,060.75 11.4
10-60-685 MOUNTAIN MAN PARK .00 119.00 .00 ( 119.00) .0
10-60-686 GORANSON STATION 19,672.27 22,731.12 .00 ( 22,731.12) .0
10-60-690 MISCELLANEOUS EXPENSE .00 504.05 1,000.00 495.95 50.4
10-60-725 STREET IMPROVEMENTS 825.89 21,819.20 25,000.00 3,180.80 87.3
10-60-730 CAPITAL PROJECTS .00 ( 153,000.00) .00 153,000.00 .0
TOTAL PUBLIC WORKS 64,885.86 340,242.25 670,770.00 330,527.75 50.7
120 ZEREX AVENUE
10-65-370 OTHER PROFESSIONAL SERVICES .00 .00 10,000.00 10,000.00 .0
10-65-380 JANITORIAL SERVICES 450.00 3,528.67 5,500.00 1,971.33 64.2
10-65-560 UTILITIES-TELEPHONE 50.89 343.72 500.00 156.28 68.7
10-65-561 UTILITIES-NATURAL GAS .00 704.82 1,500.00 795.18 47.0
10-65-562 UTILITIES-ELECTRICITY 66.22 616.01 1,000.00 383.99 61.6
10-65-665 WTHP EXPENSES .00 506.48 .00 ( 506.48) .0
10-65-670 PROP MGMT-120 ZEREX .00 1,569.92 .00 ( 1,569.92) .0
TOTAL 120 ZEREX AVENUE 567.11 7,269.62 18,500.00 11,230.38 39.3
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:7
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
GENERALFUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
TRANSFERS
10-90-935 TRANSFER TO CAF .00 75,000.00 75,000.00 .00 100.0
10-90-940 TRANSFER TO DEBT SERVICE FUND .00 247,610.00 247,610.00 .00 100.0
TOTAL TRANSFERS .00 322,610.00 322,610.00 .00 100.0
FISCAL AGENT
10-95-110 SALARIES 60.26 6,441.54 .00 ( 6,441.54) .0
10-95-210 HEALTH INSURANCE 52.31 2,940.73 .00 ( 2,940.73) .0
10-95-220 FICA TAX 3.65 458.45 .00 ( 458.45) .0
10-95-230 RETIREMENT 2.41 257.66 .00 ( 257.66) .0
10-95-250 UNEMPLOYMENT TAX .19 19.33 .00 ( 19.33) .0
TOTAL FISCAL AGENT 118.82 10,117.71 .00 ( 10,117.71) .0
TOTAL FUND EXPENDITURES 139,844.18 1,766,579.37 2,230,794.00 464,214.63 79.2
NET REVENUE OVER EXPENDITURES 131,953.30 1,870,269.74 1,551,168.00 ( 319,101.74) 120.6
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:8
TOWN OF FRASER
BALANCE SHEET
SEPTEMBER 30,2013
CONSERVATION TRUST FUND
ASSETS
20-10100 CASH-COMBINED FUND 20,807.41
TOTAL ASSETS 20,807.41
LIABILITIES AND EQUITY
FUND EQUITY
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES-YTD 20,807.41
BALANCE-CURRENT DATE 20,807.41
TOTAL FUND EQUITY 20,807.41
TOTAL LIABILITIES AND EQUITY 20,807.41
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:9
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
CONSERVATION TRUST FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
REVENUE
20-30-100 CONS TRUST(LOTTERY)PROCEEDS 1,752.05 4,912.70 6,000.00 1,087.30 81.9
20-30-800 INTEREST EARNINGS 2.10 17.30 60.00 42.70 28.8
20-30-999 CARRYOVER BALANCE .00 15,877.41 15,669.00 ( 208.41) 101.3
TOTAL REVENUE 1,754.15 20,807.41 21,729.00 921.59 95.8
TOTAL FUND REVENUE 1,754.15 20,807.41 21,729.00 921.59 95.8
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:10
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
CONSERVATION TRUST FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
EXPENDITURES
20-40-910 TRANSFER TO GENERAL FUND .00 .00 21,500.00 21,500.00 .0
TOTAL EXPENDITURES .00 .00 21,500.00 21,500.00 .0
TOTAL FUND EXPENDITURES .00 .00 21,500.00 21,500.00 .0
NET REVENUE OVER EXPENDITURES 1,754.15 20,807.41 229.00 ( 20,578.41) 9086.2
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:11
TOWN OF FRASER
BALANCE SHEET
SEPTEMBER 30,2013
CAPITAL EQUIP REPLACEMENT FUND
ASSETS
30-10100 CASH-COMBINED FUND 496,832.86
TOTAL ASSETS 496,832.86
LIABILITIES AND EQUITY
FUND EQUITY
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES-YTD 496,832.86
BALANCE-CURRENT DATE 496,832.86
TOTAL FUND EQUITY 496,832.86
TOTAL LIABILITIES AND EQUITY 496,832.86
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:12
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
CAPITAL EQUIP REPLACEMENT FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
REVENUE
30-30-100 HWY USE TAX PROCEEDS .00 25,552.19 44,152.00 18,599.81 57.9
30-30-800 INTEREST EARNINGS 46.75 528.24 300.00 ( 228.24) 176.1
30-30-920 TRANSFER FROM UTILITY FUNDS .00 20,000.00 20,000.00 .00 100.0
30-30-999 CARRYOVER BALANCE .00 527,931.47 525,548.00 ( 2,383.47) 100.5
TOTAL REVENUE 46.75 574,011.90 590,000.00 15,988.10 97.3
TOTAL FUND REVENUE 46.75 574,011.90 590,000.00 15,988.10 97.3
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:13
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
CAPITAL EQUIP REPLACEMENT FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
EXPENDITURES
30-40-745 PUBLIC SAFETY FLEET PURCHASE .00 40,041.04 40,000.00 ( 41.04) 100.1
30-40-750 REGULAR FLEET PURCHASE .00 .00 40,000.00 40,000.00 .0
30-40-755 HEAVY EQUIPMENT PURCHASE .00 37,138.00 150,000.00 112,862.00 24.8
TOTAL EXPENDITURES .00 77,179.04 230,000.00 152,820.96 33.6
TOTAL FUND EXPENDITURES .00 77,179.04 230,000.00 152,820.96 33.6
NET REVENUE OVER EXPENDITURES 46.75 496,832.86 360,000.00 ( 136,832.86) 138.0
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:14
TOWN OF FRASER
BALANCE SHEET
SEPTEMBER 30,2013
CAPITAL ASSET FUND
ASSETS
32-10100 CASH-COMBINED FUND 286,002.97
TOTAL ASSETS 286,002.97
LIABILITIES AND EQUITY
FUND EQUITY
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES-YTD 286,002.97
BALANCE-CURRENT DATE 286,002.97
TOTAL FUND EQUITY 286,002.97
TOTAL LIABILITIES AND EQUITY 286,002.97
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:15
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
CAPITAL ASSET FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
CAPITAL ASSET REVENUE
32-30-800 INTEREST EARNINGS 27.21 134.06 425.00 290.94 31.5
32-30-910 TRANSFER IN FROM GENERAL FUND .00 75,000.00 75,000.00 .00 100.0
32-30-940 TRANSFER IN FROM DSF .00 175,000.00 175,000.00 .00 100.0
32-30-999 CARRYOVER FUND BALANCE .00 40,065.68 40,900.00 834.32 98.0
TOTAL CAPITAL ASSET REVENUE 27.21 290,199.74 291,325.00 1,125.26 99.6
TOTAL FUND REVENUE 27.21 290,199.74 291,325.00 1,125.26 99.6
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:16
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
CAPITAL ASSET FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
CAPITAL ASSET EXPENDITURES
32-40-810 CAPITAL PROJ-STREETS EXISTING .00 4,196.77 250,000.00 245,803.23 1.7
TOTAL CAPITAL ASSET EXPENDITURES .00 4,196.77 250,000.00 245,803.23 1.7
TOTAL FUND EXPENDITURES .00 4,196.77 250,000.00 245,803.23 1.7
NET REVENUE OVER EXPENDITURES 27.21 286,002.97 41,325.00 ( 244,677.97) 692.1
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:17
TOWN OF FRASER
BALANCE SHEET
SEPTEMBER 30,2013
DEBT SERVICE FUND
ASSETS
40-10100 CASH-COMBINED FUND 490,252.82
40-11100 PROPERTY TAXES RECEIVABLE 80,000.00
TOTAL ASSETS 570,252.82
LIABILITIES AND EQUITY
LIABILITIES
40-22210 DEFERRED PROPERTY TAXES 80,000.00
TOTAL LIABILITIES 80,000.00
FUND EQUITY
40-27000 RESFUND BAL-1 YEARS PAYMENT 300,000.00
40-27100 RESTRICTED FUND BALANCE 87,246.16
UNAPPROPRIATED FUND BALANCE:
REVENUE OVER EXPENDITURES-YTD 103,006.66
BALANCE-CURRENT DATE 103,006.66
TOTAL FUND EQUITY 490,252.82
TOTAL LIABILITIES AND EQUITY 570,252.82
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:18
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
DEBT SERVICE FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
REVENUE
40-30-100 PROPERTY TAX 575.40 79,255.75 80,000.00 744.25 99.1
40-30-200 SPECIFIC OWNERSHIP TAX 660.85 2,492.25 3,000.00 507.75 83.1
40-30-800 INTEREST EARNINGS 46.05 528.78 250.00 ( 278.78) 211.5
40-30-910 TRANSFER IN FROM GENERAL FUND .00 247,610.00 247,610.00 .00 100.0
40-30-990 TRANSFER IN FROM DSF RESERVES .00 175,000.00 175,000.00 .00 100.0
TOTAL REVENUE 1,282.30 504,886.78 505,860.00 973.22 99.8
TOTAL FUND REVENUE 1,282.30 504,886.78 505,860.00 973.22 99.8
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:19
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
DEBT SERVICE FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
EXPENDITURES
40-40-385 TREASURER'S FEES GO BOND 11.51 1,585.12 2,000.00 414.88 79.3
40-40-810 BOND PRINCIPAL-02 S&U ISSUE .00 25,000.00 25,000.00 .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 .00 160,000.00 160,000.00 .00 100.0
40-40-820 BOND INTEREST-02 S&U ISSUE .00 4,487.50 8,338.00 3,850.50 53.8
40-40-821 BOND INTEREST-98 GO ISSUE .00 5,912.50 11,826.00 5,913.50 50.0
40-40-822 BOND INTEREST-98 S&U ISSUE .00 29,295.00 54,270.00 24,975.00 54.0
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 26,926.00 26,926.00 .0
40-40-920 TRANSFER TO OTHER FUNDS .00 175,000.00 175,000.00 .00 100.0
TOTAL EXPENDITURES 11.51 401,880.12 505,860.00 103,979.88 79.4
TOTAL FUND EXPENDITURES 11.51 401,880.12 505,860.00 103,979.88 79.4
NET REVENUE OVER EXPENDITURES 1,270.79 103,006.66 .00 ( 103,006.66) .0
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:20
TOWN OF FRASER
BALANCE SHEET
SEPTEMBER 30,2013
WATER FUND
ASSETS
50-10100 CASH-COMBINED FUND 893,424.17
50-10290 CASH W/TREASURER-COLLECTIONS 1,114.16
50-11500 A/R CUSTOMER SERVICE CHARGES 169,237.99
50-11550 A/R-BILLINGS 165.78
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 353,994.02
50-16500 WATER RIGHTS 19,775.86
50-17900 ACCUMULATED DEPRECIATION ( 3,517,338.67)
TOTAL ASSETS 12,612,934.79
LIABILITIES AND EQUITY
LIABILITIES
50-20775 DUE TO RENDEZVOUS-TAPS 38,500.00
50-20776 DUE TO GRAND PARK-TAPS 123,200.00
50-21100 ACCRUED PTO AND BENEFITS 5,935.91
50-22910 ROAD CUT SURITY FEES 15,860.00
TOTAL LIABILITIES 183,495.91
FUND EQUITY
50-27000 RESFUND BAL-O&M 360,000.00
UNAPPROPRIATED FUND BALANCE:
50-29800 RETAINED EARNINGS 11,634,279.51
REVENUE OVER EXPENDITURES-YTD 435,159.37
BALANCE-CURRENT DATE 12,069,438.88
TOTAL FUND EQUITY 12,429,438.88
TOTAL LIABILITIES AND EQUITY 12,612,934.79
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:21
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
WATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
LICENSES&PERMITS
50-32-100 EXCAVATION PERMIT FEES .00 550.00 200.00 ( 350.00) 275.0
TOTAL LICENSES&PERMITS .00 550.00 200.00 ( 350.00) 275.0
CHARGES FOR SERVICES
50-34-100 CUSTOMER SERVICE CHARGES 170,574.13 500,068.58 643,364.00 143,295.42 77.7
50-34-150 PENALTIES&INTEREST 572.56 4,289.02 1,000.00 ( 3,289.02) 428.9
50-34-200 PLANT INVESTMENT FEES 6,000.00 6,000.00 8,000.00 2,000.00 75.0
50-34-300 WATER METER SALES 4,518.10 16,636.10 500.00 ( 16,136.10) 3327.2
TOTAL CHARGES FOR SERVICES 181,664.79 526,993.70 652,864.00 125,870.30 80.7
MISCELLANEOUS REVENUE
50-36-100 INTEREST EARNINGS 78.85 686.36 1,000.00 313.64 68.6
50-36-900 MISCELLANEOUS REVENUE 315.78 11,438.20 2,500.00 ( 8,938.20) 457.5
TOTAL MISCELLANEOUS REVENUE 394.63 12,124.56 3,500.00 ( 8,624.56) 346.4
OTHER SOURCES&TRANSFERS
50-39-999 CARRYOVER BALANCE .00 337,393.00 337,393.00 .00 100.0
TOTAL OTHER SOURCES&TRANSFERS .00 337,393.00 337,393.00 .00 100.0
TOTAL FUND REVENUE 182,059.42 877,061.26 993,957.00 116,895.74 88.2
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:22
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
WATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
EXPENDITURES
50-40-110 SALARIES 14,003.53 125,364.57 165,000.00 39,635.43 76.0
50-40-210 HEALTH INSURANCE 2,565.93 24,360.37 30,000.00 5,639.63 81.2
50-40-220 FICA TAX 987.80 8,835.25 11,000.00 2,164.75 80.3
50-40-230 RETIREMENT 432.82 4,427.15 6,600.00 2,172.85 67.1
50-40-250 UNEMPLOYMENT TAX 40.62 373.21 495.00 121.79 75.4
50-40-280 TRAINING PROGRAMS .00 800.00 3,000.00 2,200.00 26.7
50-40-290 TRAVEL,MEALS AND LODGING .00 231.81 3,000.00 2,768.19 7.7
50-40-295 MEALS AND ENTERTAINMENT .00 26.87 2,000.00 1,973.13 1.3
50-40-310 LEGAL FEES .00 24,926.34 35,000.00 10,073.66 71.2
50-40-330 ENGINEERING FEES 528.00 3,987.10 20,000.00 16,012.90 19.9
50-40-360 COMPUTERS-NETWORKS AND SUPPORT 197.44 3,301.56 10,000.00 6,698.44 33.0
50-40-370 OTHER PROFESSIONAL SERVICES 47.27 194.80 5,000.00 4,805.20 3.9
50-40-430 INSURANCE .00 20,258.96 20,000.00 ( 258.96) 101.3
50-40-440 ADVERTISING .00 45.90 500.00 454.10 9.2
50-40-460 SYSTEM REPAIR AND MAINT-PROD 780.58 14,228.85 35,000.00 20,771.15 40.7
50-40-465 SYSTEM REPAIR AND MAINT-DIST .00 6,067.38 30,000.00 23,932.62 20.2
50-40-490 PROFESSIONAL MEMBERSHIPS .00 4,692.50 8,000.00 3,307.50 58.7
50-40-500 OPERATING SUPPLIES-PRODUCTION 1,660.49 14,740.27 25,000.00 10,259.73 59.0
50-40-505 OPERATING SUPPLIES-DISTRIB 11,962.73 19,813.46 20,000.00 186.54 99.1
50-40-510 EQUIPMENT PURCHASE AND REPAIR 160.92 160.92 5,000.00 4,839.08 3.2
50-40-520 TESTING 2,824.00 3,004.00 3,000.00 ( 4.00) 100.1
50-40-550 POSTAGE&BILLING SUPPLIES .00 623.58 3,500.00 2,876.42 17.8
50-40-560 UTILITIES-TELEPHONE 212.62 1,841.88 3,500.00 1,658.12 52.6
50-40-562 UTILITIES-ELECTRICITY 2,741.94 24,937.29 50,000.00 25,062.71 49.9
50-40-670 PROP MGMT-FRASER WTP .00 2,011.00 2,000.00 ( 11.00) 100.6
50-40-680 PROP MGMT-MARYVALE WTP .00 2,190.48 10,000.00 7,809.52 21.9
50-40-690 MISCELLANEOUS EXPENSE .00 .00 2,000.00 2,000.00 .0
50-40-715 WATER RIGHTS-DIVERSION&DEV .00 7,402.39 260,000.00 252,597.61 2.9
50-40-730 CAPITAL PROJECTS .00 13,054.00 91,000.00 77,946.00 14.4
50-40-930 TRANSFER TO CERF .00 10,000.00 10,000.00 .00 100.0
50-40-970 TRANSFER TO O&M RESERVES .00 100,000.00 100,000.00 .00 100.0
TOTAL EXPENDITURES 39,146.69 441,901.89 969,595.00 527,693.11 45.6
TOTAL FUND EXPENDITURES 39,146.69 441,901.89 969,595.00 527,693.11 45.6
NET REVENUE OVER EXPENDITURES 142,912.73 435,159.37 24,362.00 ( 410,797.37) 1786.2
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:23
TOWN OF FRASER
BALANCE SHEET
SEPTEMBER 30,2013
WASTEWATER FUND
ASSETS
55-10100 CASH-COMBINED FUND 2,539,423.23
55-10290 CASH W/TREASURER-COLLECTIONS 977.80
55-11500 A/R CUSTOMER SERVICE CHARGES 163,963.67
55-11550 A/R-BILLINGS 7,105.50
55-15950 CAP REPL RES HELD W/JFOC 885,201.23
55-15955 O&M RESERVE HELD W/JFOC 45,070.00
55-16100 LAND 144,320.40
55-16200 SEWER TREATMENT PLANT 3,230,658.56
55-16210 METER BUILDING&IMPROVEMENTS 8,056.39
55-16220 SEWER COLLECTION SYSTEM 10,755,808.30
55-16250 CONSOLIDATED COLLECTION SYSTEM 279,069.00
55-16400 EQUIPMENT 37,385.17
55-17900 ACCUMULATED DEPRECIATION ( 718,254.97)
55-17905 ACCUM DEPR-PLANT/JFOC ( 41,859.16)
55-17910 ACCUM DEPR-SEWER COLLECT-FSD ( 2,942,788.35)
55-17915 ACCUM DEPR-EQUIPMENT ( 35,868.68)
TOTAL ASSETS 14,358,268.09
LIABILITIES AND EQUITY
LIABILITIES
55-21100 ACCRUED PTO AND BENEFITS 6,103.72
TOTAL LIABILITIES 6,103.72
FUND EQUITY
UNAPPROPRIATED FUND BALANCE:
55-29800 RETAINED EARNINGS 10,997,584.86
55-29820 RETAINED EARNINGS-RESTRICTED 930,271.23
REVENUE OVER EXPENDITURES-YTD 2,424,308.28
BALANCE-CURRENT DATE 14,352,164.37
TOTAL FUND EQUITY 14,352,164.37
TOTAL LIABILITIES AND EQUITY 14,358,268.09
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:24
TOWN OF FRASER
REVENUES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
WASTEWATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
CHARGES FOR SERVICES
55-34-100 CUSTOMER SERVICE CHARGES 154,398.78 462,631.28 616,580.00 153,948.72 75.0
55-34-150 PENALTIES&INTEREST 62.16 1,912.23 1,000.00 ( 912.23) 191.2
55-34-200 PLANT INVESTMENT FEES 81,500.00 179,000.00 7,500.00 ( 171,500.00) 2386.7
TOTAL CHARGES FOR SERVICES 235,960.94 643,543.51 625,080.00 ( 18,463.51) 103.0
MISCELLANEOUS REVENUE
55-36-100 INTEREST EARNINGS 235.16 2,327.37 2,000.00 ( 327.37) 116.4
55-36-500 JFF MANAGEMENT FEE 7,105.50 21,316.50 28,420.00 7,103.50 75.0
55-36-900 MISCELLANEOUS REVENUE .00 .00 1,500.00 1,500.00 .0
TOTAL MISCELLANEOUS REVENUE 7,340.66 23,643.87 31,920.00 8,276.13 74.1
OTHER SOURCES&TRANSFERS
55-39-999 CARRYOVER BALANCE .00 2,092,733.00 2,092,733.00 .00 100.0
TOTAL OTHER SOURCES&TRANSFERS .00 2,092,733.00 2,092,733.00 .00 100.0
TOTAL FUND REVENUE 243,301.60 2,759,920.38 2,749,733.00 ( 10,187.38) 100.4
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:25
TOWN OF FRASER
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 9 MONTHS ENDING SEPTEMBER 30,2013
WASTEWATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
EXPENDITURES
55-40-110 SALARIES 14,332.15 129,443.83 170,000.00 40,556.17 76.1
55-40-210 HEALTH INSURANCE 2,232.43 21,499.31 25,500.00 4,000.69 84.3
55-40-220 FICA TAX 1,040.49 9,396.39 12,500.00 3,103.61 75.2
55-40-230 RETIREMENT 450.45 4,561.66 6,500.00 1,938.34 70.2
55-40-250 UNEMPLOYMENT TAX 41.50 384.53 510.00 125.47 75.4
55-40-280 TRAINING PROGRAMS .00 55.00 2,000.00 1,945.00 2.8
55-40-290 TRAVEL,MEALS AND LODGING .00 90.00 2,000.00 1,910.00 4.5
55-40-295 MEALS AND ENTERTAINMENT .00 32.50 500.00 467.50 6.5
55-40-310 LEGAL FEES .00 .00 5,000.00 5,000.00 .0
55-40-330 ENGINEERING FEES 24.00 1,755.62 10,000.00 8,244.38 17.6
55-40-360 COMPUTERS-NETWORKS AND SUPPORT 197.44 1,776.96 6,000.00 4,223.04 29.6
55-40-370 OTHER PROFESSIONAL SERVICES 47.27 193.14 10,000.00 9,806.86 1.9
55-40-410 BANK CHARGES .00 .00 100.00 100.00 .0
55-40-430 INSURANCE .00 5,409.90 5,500.00 90.10 98.4
55-40-440 ADVERTISING .00 .00 500.00 500.00 .0
55-40-460 SYSTEM REPAIR AND MAINT-COLLEC 1,300.00 27,450.50 60,000.00 32,549.50 45.8
55-40-490 PROFESSIONAL MEMBERSHIPS .00 4,437.50 6,000.00 1,562.50 74.0
55-40-500 OPERATING SUPPLIES-COLLECTIONS .00 17.99 5,000.00 4,982.01 .4
55-40-510 EQUIPMENT PURCHASE AND REPAIR .00 .00 2,500.00 2,500.00 .0
55-40-520 TESTING .00 180.00 1,000.00 820.00 18.0
55-40-550 POSTAGE&BILLING SUPPLIES .00 584.50 2,500.00 1,915.50 23.4
55-40-560 UTILITIES-TELEPHONE .00 170.63 500.00 329.37 34.1
55-40-650 WW TREATMENT CHARGES/JFOC 13,306.31 101,054.33 188,000.00 86,945.67 53.8
55-40-690 MISCELLANEOUS EXPENSE .00 .00 3,000.00 3,000.00 .0
55-40-730 CAPITAL PROJECTS .00 17,117.81 135,000.00 117,882.19 12.7
55-40-930 TRANSFER TO CERF .00 10,000.00 10,000.00 .00 100.0
TOTAL EXPENDITURES 32,972.04 335,612.10 670,110.00 334,497.90 50.1
TOTAL FUND EXPENDITURES 32,972.04 335,612.10 670,110.00 334,497.90 50.1
NET REVENUE OVER EXPENDITURES 210,329.56 2,424,308.28 2,079,623.00 ( 344,685.28) 116.6
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:26
TOWN OF FRASER
BALANCE SHEET
SEPTEMBER 30,2013
GENERAL FIXED ASSETS
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
LIABILITIES AND EQUITY
FUND EQUITY
UNAPPROPRIATED FUND BALANCE:
91-29800 INVESTMENT IN FIXED ASSETS 4,088,206.74
BALANCE-CURRENT DATE 4,088,206.74
TOTAL FUND EQUITY 4,088,206.74
TOTAL LIABILITIES AND EQUITY 4,088,206.74
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:27
TOWN OF FRASER
BALANCE SHEET
SEPTEMBER 30,2013
GENERAL LONG-TERM DEBT
ASSETS
95-18100 AMOUNT TO BE PROVIDED 3,131,161.31
TOTAL ASSETS 3,131,161.31
LIABILITIES AND EQUITY
LIABILITIES
95-25050 2002 SERIAL BONDS 360,000.00
95-25060 1998 REVENUE REFUNDING BONDS 2,035,000.00
95-25070 1998 GENERAL OBLIGATION BONDS 475,000.00
95-25200 ACCRUED COMPENSATED ABSENCES 15,677.17
95-25500 CAPITAL LEASES KOMATSU LOADER 245,484.14
TOTAL LIABILITIES 3,131,161.31
TOTAL LIABILITIES AND EQUITY 3,131,161.31
FOR ADMINISTRATION USE ONLY 75%OF THE FISCAL YEAR HAS ELAPSED 10/09/2013 03:11 PM PAGE:28
C O L O R A D O
Planner Briefing — Grand Park Final Acceptance and Release of Surety
October 16th, 2013
Background Information:
In 2011, Grand Park received approval for a new subdivision known as The Village at
Grand Park— Filing 2, Lot 12A &Tract D, Reception #2011005630. The applicant was
required to enter into a Subdivision Improvement Agreement (SIA) in accordance with
the Town of Fraser Subdivision Regulations (Fraser Municipal Code 17-6-10) to ensure
for the completion of certain public improvements. The SIA, Reception #2011005630,
provided for a schedule for the completion of improvements.
In November 2012, the Town inspected the improvements and preliminarily accepted the
improvements associated with the SIA referenced above. Attached please find the
Preliminary Acceptance letter dated November 27, 2013. This letter states that
Preliminary Acceptance shall be effective as of October 15th, 2012.
In accordance with the Subdivision Regulations, the applicant shall warrant that all
required improvements shall remain free from construction defects for a period of one (1)
year from the date that the Town preliminarily accepts the improvements. The one (1)
year warranty will expire on October 15th, 2013. As such, Jim Swanson, Town Engineer,
conducted a site visit on September 30th, 2013, and had determined that all
improvements have been completed and he found no warranty items that require repair.
Attached please find memo from Jim Swanson indicating that all required
improvements meet the requirements for final acceptance and release of surety.
Included in the packet is Resolution #2013-10-01 approving Final Acceptance of
all improvements associated with the SIA for The Village at Grand Park— Filing 2,
Lot 12A & Tract D and release of the remaining surety(cash in the amount of
$10,459.20).
Staff is recommending approval of Resolution #2013-10-01.
Please contact me with questions and/or comments. ctrotterAtown.fraser.co.us. Thanks.
Town of Fraser
PO Box 370_Fraser.CO 80442 office 970-726-5491 fax 970-726-5518
v-.-v frasereolorado.coni
C O L O R A D O
November 27, 2012
Clark Lipscomb
Grand Park Development LLC
P.O. Box 30
Winter Park, CO. 80482
RE: reli.—ninety Acceptance of a portion of Market Street between First Street and
Second Street, more legally described in the Relocatable Access Easement
Agreement Reception #2011005626 on Exhibit A as Tract A, Tract B, and Tract
C and Second Street, more legally described as Tract D on The Final Plat-The
Village at Grand Park—Filing 2, Lot 12A and Tract D Reception #2011005610.
Dear Clark:
In accordance with the Town of Fraser Subdivision Regulations and the Subdivision
Improvement Agreement for The Village at Grand Park— Filing 2, Lot 12A&Tract D,
Reception #2011005630, 1 am writing to provide preliminary acceptance of the streets
described above.
Preliminary acceptance shall be effective as of October 15th, 2012.
The following punchlist item must be completed prior to final acceptance:
1. Adjust the fire hydrant water valve box and lid (to 0.25-inches below the concrete
gutter surface) located on Market Street(approx. Sta. 3+20)on the left side.
The 4-foot v-pan on the north side of Second Street in front of parking spaces 52 and 53
was not constructed per the approved plans and the field changes were not approved
previously by the Town. However, we will accept as is.
We will continue to communicate with you regarding any warranty items that may be
discovered during the warranty period.
Feel free to contact me if you need any additional information.
Sincere,
Jislrey L. Durbin
Town Manger
r Town o. =raser
`'O Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
JRS ENGINEERING CONSULTANT, LLC
September 30, 2013
Catherine Trotter, Town Planner
Town of Fraser
P.O. Box 370
Fraser, CO 80442
RE: The Village at Grand Park— Filing 2, Lot 12A&Tract D.
Reception#2011005630
Dear Catherine:
A warranty walk through for the above referenced site including specifically that portion of Market
Street between First Street and Second Street, more legally described in the Relocatable Access
Easement Agreement Reception #2011005626 on Exhibit A as Tract A, Tract B and Tract C and
Second Street, more legally described as Tract D on the Final Plat—The Village at Grand Park—
Filing 2, Lot 12A and Tract D Reception#2011005610. This warranty walk through follows
preliminary acceptance (effective as of October 15, 2012) in the Town of Fraser letter dated
November 27, 2012.
Town staff has inspected the improvements and found no warranty items that require repair from the
developer. As such, it is our opinion that all required improvements meet the requirements for final
acceptance by the Town.
Please let me know if you have any questions or need anything additional.
Sincerely,
JRS Engineering Consultant, LLC.
James R. "Jim" Swanson P.E.
Principal
6013 E. Briarwood Drive
Centennial,CO 80112
Phone(303)726-5577
Fax (303)484-3833
jim @jrsec.com
L4-
9/30/1
TOWN OF FRASER
ATTENTION: CATHERINE TROTTER
PO BOX 370
FRASER CO 80442
RE: FINAL SURETY RELEASE—VILLAGE FILING 2
Dear Catherine:
I am requesting a final release of surety on improvements at The Village at Grand Park—Filing 2, Lot 12A
&Tract D. Final acceptance of improvements has been granted from JRS Engineering on 9/30/13.
Please let me know if you have any questions.
Sincerely,
Brad Benson
Controller
MAIN OFFICE: 970-726-8600 PAX: 970-726-8833
REAL ESTATE OFFICE: 970-726-8700 CONSTRUCTION OFFICE: 970-726-3103
POST OFFICE BOX 30 WINTER PARK COLORADO 80482
ti
C O E O R A D O
PUBLIC WORKS UPDATE
(As of 10/10/2013 for 10/16 meeting)
I will not be in attendance for this meeting...so if there are questions please contact me directly prior to
Monday 10/14. Thanks!
WATER—
Continue work on water production well issues in the Yellow zone related to pump and motor failures.
➢ Annual water system valve exercising, line and fire hydrant flushing program continues.
➢ EGFPD waterline Extension project: this was re-bid and the one bid that came back was rejected by the
fire district. Therefore, the project is on hold and evaluated to see what can be done to get the cost to a
level the district can manage.
SANITARY SEWER-
➢ The joint Redline sewer diversion project was completed approx. 2 weeks ago; slip lining (Cl PP) of the
10 inch redline (Babey) is scheduled for sometime in October; and, the overall cost of the project
appears to be well under the appropriated budget amount.
➢ 238 Mill Ave: Mary Giammari, due to the timing she has respectfully pulled her request for a low interest
rate loan related to the service replacement incentive program and will regroup in early 2014 to get in
front of the Board earlier. I will continue to keep in contact with her to assist her in moving this project
along in early 2014.
STREETS—
Wapiti Drive Drainage Improvements Project- Phase 3: Lit' Dirt Works continues to be delayed due to
their concrete contractor and weather. They have the lower sedimentation basin and upper 1/4t" of the
valley pan ready to be formed but are still at the mercy of the concrete guys, oh yes, and weather.
➢ 760 Wapiti Dr. retaining wall progress: Jeff will update the Board in on this matter.
GARDENER—
Construction progress at Goranson Station pocket park project is in wrap-up mode.
➢ Gardeners and staff have been working to put the planter beds to sleep for the winter.
OTHER—
The US40 Storm Water Drainage Pipe Crossing: project is 90% complete as of Thursday 10/10. The
remaining work to be completed is final grading, placement of railing and fencing and reveg of the
entire area.
Please contact me in advance of the meeting should you have questions. anordin(a)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
• 1
Meirgm
To: Fraser Board of Trustees, Winter Park Town Council
From: Glen Trainor, Chief of Police
Date: October 10,2013
Re: September, 2013 Monthly Report
September marks the first month we will be providing data from our new records system.
One of the major changes is that our new system provides much more information about
officer activity than the previous system did. While the previous system only tracked actual
calls for service, this system tracks virtually everything the officer does that is "official
business."
As an example, I don't believe that the calls for September, 2013 were much different than
they were previous years. However, the new call log shows we responded to a total of 248
incidents this year, as opposed to 128 "calls for service" in September, 2013. We also
issued a total of 26 citations in September 2013.
1 am still struggling with making a report that differentiates between the two Towns, and hope
to have that data available soon.
Attached is an "Incident Activity Report"for our department for September. These are actual
incidents that required a written report.
If you have any questions, please contact me.
"COMMITTED TO EXCELLENCE"
09/01/2013 to 09/30/2013 - Department Incident Activity Report Page 1 of 1
Department Incident Activity Report
F
F
FWP
L
0910112013--913012013
Classification Events Rptd Unfounded Actual Clr Arrest Clr Exception Clr Juveniles Total Clr Percent Clr
AGENCYASSIST 4 0 4 0 0 a 4 100.0
ASSAULT 1 0 1 1 0 0 1 100.0
BURGLARY 1 0 1 0 a 0 0 0.0
DAMAGED PROPERTY 3 3 a 0 0 0 0 010
DEATH 1 0 1 0 0 0 1 100.0
DRUNKENNESS 1 0 1 0 a a 1 100.0
DUI 4 0 4 4 0 0 4 100.0
FAMILY DISTURBANCE 1 0 1 1 0 0 1 100.0
FIRE 1 0 1 0 0 0 0 0.0
FRAUD 1 a 1 0 0 0 0 0.0
HARASSMENT 2 0 2 2 0 0 2 100.0
HEALTHISAFETY 1 0 1 0 0 0 1 100.0
MENTAL SUBJECT 4 1 3 0 1 0 3 100.0
MISCELLANEOUS 1 0 1 0 0 0 0 0.0
MISSING PERSON 2 0 2 0 0 0 0 0.0
OBSTRUCT JUSTICE 2 0 2 2 0 0 2 100.0
ORDINANCE VIOLATION 2 0 2 1 1 0 2 100.0
OTHER CRIMES AGAINST SOCIETY 1 0 1 1 0 0 1 100.0
PROPERTY 2 0 2 0 0 0 1 50.0
PROPERTY CRIMES 2 1 1 0 1 0 1 100.0
PUBLIC PEACE 1 0 1 1 0 0 1 100.0
SPOUSE ABUSE 1 0 1 1 0 0 1 100.0
STOLEN PROPERTY 1 0 1 1 0 0 1 100.0
SUSPICIOUS 1 0 1 0 0 0 0 0.0
THEFT 10 1 9 0 0 0 2 22.2
TRAFFIC(CRIMINAL VIOLATION) 3 0 3 2 1 0 3 100.0
TRAFFIC ACCIDENT 2 0 2 2 0 0 2 100.0
TRAFFIC PROBLEM 7 0 7 7 0 0 7 100.0
TRESPASSING 3 0 3 0 1 0 2 66.7
WARRANT 1 0 1 1 0 0 1 100.0
WEAPONS OFFENSE 2 0 2 1 0 a 2 100.0
Event Totals 69 6 63 28 5 0 47 74.6
https:Hfwp,eforcesoftware.net/RMS/RMS/Reports/CreateDepartmentEvent.aspx 10/10/2013
C O L O R A D Ow-
Grand
County Commissioners
PO Box 264
308 Byers Peak Ave.
Hot Sulphur Springs, CO 80451
Gentlemen,
I am writing this letter on behalf of the Town of Fraser in support of Headwaters Trail
Alliance. We believe that trails are a critical piece to the Fraser Valley's future economic
development and believe that we need to make a substantial investment in our
infrastructure in order to be able to effectively market ourselves as "Mountain Bike
Capital USA".
Maura has done an outstanding job with very limited resources. Last year Fraser
invested $4,500 which Maura leveraged into $40,000 including in kind labor. The
amazing thing is she did this while raising money to keep HTA doors open. This is a
significant return on investment and we believe that HTA is currently operating at 40% of
capacity. Fraser intends to continue with its support of HTA.
We believe that the current funding mechanism is broken. Headwaters Trail Alliance
has been treated like a nonprofit and funding by the towns has not been reliable. It is
our hope that the Commissioners will look at the Headwaters Trail Alliance as a
significant economic engine for the entire county and seriously consider the
inadequacies of our current funding system. We believe that without significant financial
structural changes it will not be possible for Headwaters Trail Alliance to be economic
engine it is capable of being.
Thank you for your consideration.
Sincerely,
Peggy Smith
Mayor of Fraser
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
October 16, 2013
Town of Fraser Board of Trustees
PO Box 370
Fraser, CO 80442
Board of Trustees,
i am writing to formally object to the Ballot Issues Brochure that was distributed with utility bills
and sent to Town residents,business owners and property owners by email.
According to the Colorado Fair Campaign Practices Act,Section 1-45-117 (1)(b)(1),the Town can
"dispense a factual summary,which shall include arguments both for and against the proposal
(italics and bold added for emphasis).
The material distributed was factual but did not present"arguments both for and against." Instead
the brochure presented facts about what would happen if land was annexed with the current
agreement,a yes vote,and if it was developed as part of unincorporated Grand County, a no vote,
both of which were arguments for the proposals.
None of the other sections in these regulations allow a brochure with this content. One section
(Section 1-45-117 (1)(a)(1)) prohibits use public funds to distribute a document that would "urge
electors to vote in favor of or against" a local ballot issue,which this brochure does.
Another section (Section 1-45-117 (1)(b)(I11)(13)) allows "reporting the passage of or distributing
such resolutions through established, customary means,"but this brochure goes beyond these
activities by providing reasons to vote in favor of the annexation.
I was further dismayed when I read that this brochure was posted on the Town website as"a
summary of the issues so they(voters) can make informed decisions." If this brochure is illegal,it
should not be posted. If through some other statute, it is legal and can be posted,it should clearly
state that this summary only reflects the Town's view of these issues rather than a summary of the
issues.
Thank you for your consideration.
Sincerely,
Jane Mather
451 Muse Drive, Unit A
PO Box 187
Fraser, CO 80442