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Home My WebLink AboutR86-023 transfer of funds to R&B fund, ,A t Commissioner lu_/a v J moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 86- ,,� RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE EAGLE COUNTY SUSPENSE FUND TO THE EAGLE COUNTY ROAD & BRIDGE FUND WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board "), adopted the Eagle County Road Cut Permit and Road Construction Permit Resolution of August 13, 1979, as subsequently amended by Resolution Nos. 80 -42, 81 -18, and 81 -20, respectively; and WHEREAS, on June 18, 1984, the Board repealed the Eagle County Road Cut Permit and Road Construction Permit Resolution of August 13, 1979 in its entirety, with the provision, however, that such repeal shall not affect nor prevent the prosecution or punishment of any person for the violation of any resolution or amendment repealed thereby for an offense committed prior to the repeal; and WHEREAS, Section 10 of the Eagle County Road Cut Permit and Road Construction Permit Resolution of August 13, 1979 (hereinafter the 111979 Resolution ") requires the provision of collateral by the road cut permittee to guarantee faithful performance of the conditions imposed by a road cut permit granted pursuant to such Resolution; and WHEREAS, Section 23 of the 1979 Resolution provides, in pertinent part, as follows: "SECTION 23. Default in Performance. Whenever the Engineer shall find that a default has occurred in the performance of any term or condition of the permit, written notice thereof shall be given to the principal . . . . Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the Engineer to be reasonably necessary for the completion of the work. In the event that the . . . principal, within a reasonable time following the giving of such notice . . . shall fail. either to commence and cause the required work to be performed with due diligence, or to indemnify the County for the cost of doing the work, as set forth in the notice, the County may perform the work, at the discretion of the Engineer . . . and suit may be commenced by the County Attorney . . . to recover the entire amount due to the County on account thereof. In the event that cash has been deposited, the cost of perform- ing the work may be charged against the amount deposited, and suit brought for the balance due, if any. "; and WHEREAS, Exhibit A attached hereto and incorporated herein by this reference sets forth a listing of road cut permits in default of performance as of June 13, 1984, all such permits having been issued pursuant to the 1979 Resolution; and WHEREAS, in accordance with Section 23 of the 1979 Resolution, the Eagle County Engineer has duly notified the various permittees holding those road cut permits listed on the attached Exhibit A of their default in performance; and WHEREAS, despite notification by the County Engineer, those permittees holding the road cut permits listed on Exhibit A have failed to comply with the requirements of their respective permits; and WHEREAS, the subject permittees deposited cash bonds with the Eagle County Treasurer, such bonds being held in the Eagle County Suspense Fund pending compliance with the terms and conditions of their respective road cut permits, the amounts and Treasurer receipt numbers of the bonds also being set forth in Exhibit A attached hereto; and -2- Y I WHEREAS, at its regular meeting of November 19, 1984, the Board of County Commissioners of the County of Eagle, State of Colorado, made the following findings: 1. The holders of those permits listed on the attached Exhibit A are in default of performance of any one or all of the terms and conditions of their respective permits. 2. The subject permits were issued pursuant to the Eagle County Road Cut Permit and Road Construction Permit Resolu- tion of August 13, 1979, and thus are subject to the default provisions set forth at Section 23 of said Resolution. 3. Cash bonds have been posted as collateral for the subject permits in the amounts and for the locations set forth in Exhibit A attached hereto. The cash bonds were deposited in the Eagle County Suspense Fund pending completion of the terms and conditions required by the subject permits. 4. The terms and conditions imposed by the respective permits were not satisfactorily completed, and thus, pursuant to Section 23 of the 1979 Resolution, the Board deems it necessary to offset the costs of County's completion of the improvements. 5. The respective amounts of those cash bonds listed on Exhibit A come to a total of four thousand nine hundred eighty and 00 /100 dollars ($4,980.00), such bonds currently being held in the Eagle County Suspense Fund. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, pursuant to Section 23 of the Eagle County Road Cut Permit and Road Construction Permit Resolution of August 13, 1979, the Board hereby orders transfer of those certain cash bonds currently being held in the Eagle County Suspense Fund in the total amount of four thousand nine hundred eighty and 00 /100 dollars ($4,980.00) to the Eagle County Road & Bridge Fund to offset the costs incurred by the respective permittees' failure to comply with the requirements of the road cut permits listed on Exhibit A attached hereto. THAT, copies of this Resolution shall be immediately transmitted to the Eagle County Treasurer, the Department of Public Works, and the Eagle County Administrative Services -3- Director so that appropriate action is taken relative to the order contained herein for transfer of funds from the Eagle County Suspense Fund_to. the Eagle County Road & Bridge Fund. MOVED, READ AND ADOPTED by the Board of County Commis- sioners of the County of Eagle, State of Colorado, at its regular meeting held the /ifs day of 1986, nunc pro tunc November 19, 1984. o County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: Donalcr' Welch, Ch Airman i Commissioner ( oUcy <j� j seconded adoption of the foregoing resolution. _The roll having been called, the vote was as follows: Commissioner Donald H. Welch Commissioner Richard L. Gustafson Commissioner John Francis Loughran v This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. ME ' 3 EXHIBIT A ROAD CUTS PERMITS FOUND TO BE IN DEFAULT OF PERFORMANCE AS OF JUNE 13, 1984 CASH BONDS TO BE TRANSFERRED FROM EAGLE COUNTY SUSPENSE FUND TO EAGLE COUNTY ROAD & BRIDGE FUND PERMIT BOND TREASURER # DATE LOCATION AMOUNT RECEIPT # 215 7/11/79 0584 Stone Creek Dr., E.V. $505.00 31060 335 6/12/80 0026 Lark Ct., E.V. 360.00 32955 337 6/2/80 0070 Pheasant Ct., E.V. 280.00 32981 369 7/21/80 Bk. 1, Lot 3, Deer Court, E.V. 400.00 33322 465 4/8/80 0258 Stone Cr. Dr., E.V. 290.00 35046 466 4/21/81 1320 Deer Boulevard, E.V. 250.00 35160 467 4/20/81 1680 Deer Boulevard, E.V. 290.00 35151 485 6/10/81 0119 Deer Boulevard, E.V. 280.00 35537 489 6/17/81 1557 Deer Boulevard, E.V. 320.00 35605 515 7/22/81 0461 Stone Cr. Dr., E.V. 290.00 35965 516 7/28/81 0946 Eagle Dr., E.V. 25.00 35947 517 7/28/81 0972 Eagle Dr., E.V. 25 -.00 35947 539 10/9/81 0086 Deer Boulevard, E.V. 280.00 36561 544 10/13/81 0962 & 0980 Deer Boulevard 580.00 36563 559 10/28/81 Blk. 3, Lot 23, Ptarmigan Rd. 160.00 36720 567 4/30/82 0836 Eagle Dr. Cr., E.V. 50.00 38044 590 7/26/82 Blk. 4, Lot 11, Berry Cr. #2 25.00 38680 592 8/30/82 0425 Deer Boulevard, E.V. 200.00 38950 601 9/27/82 0573 Stone Cr. Dr., E.V. 370.00 39144 TOTAL OF FUNDS TO BE TRANSFERRED: $4,980.00 -5-