|Paper||Beaver County News|
|Rights||No Copyright - United States (NoC-US)|
|Publisher||Digitized by J. Willard Marriott Library, University of Utah|
|Article Title||Commissioners Proceedings|
|Paper||Beaver County News|
COMMISSIONERS PROCEEDINGS COMMISSIONERS PROCEEDINGS Beaver, Uth, April 12, 1921. The Board of County Commissioners Commission-ers met on this date at the hour of 2 o'clock p. m. in regular session. Present Oren Burke, Chairman C. A. Arrington, Member H. D. Thompson, Member C. T. Woodbury, Attorney Waldo F. Murdock, Clerk. The following business was had: Moved by Commissioner C. A. Arrington, Ar-rington, seconded by Commissioner H. D. Thompson, passed: That the Cooperative agreement covering the survey, construction and maintenance maintenan-ce of Beaver-Millard Post Road Project Pro-ject No. 26, Road in Beaver county be approved by the Board of county commissioners of Beaver county, and the Commissioners of Beaver county are hereby authorized to sign cooperative coop-erative agreement between the State Road commission of Utah and the County of Beaver, covering the cost of the survey, construction and maintenance main-tenance of said project, and that the County of Beaver in order to discharge dis-charge its obligations under said Project agreement, the sum of Twenty-Six Thousand and.no one hundred ths Dollars (26,000) or as much more as may be necessary, is hereby appropriated and made available from County Road Bond Fund. Oren Burke, Chairman Said Cooperative Agreement is as follows This Agreement, made . this 12th day of April, 1921, by and between the State Road Commission of Utah, hereinafter called the "Commission," find Beaver County, State of Utah, hereinafter called the "Local Authority," Autho-rity," witnessetli that: Whereas, it is desired by ths parties par-ties of this agreement to provide for the construction of that certain part of the Slate Highway system in Beaver Bea-ver County, known as the Beaver-Millard Beaver-Millard Post Road, No. 26. Now, therefore, in consideration of the premises and of the several promises to be faithfully performed by each, as hereinafter set forth, the Commission and the Local Authority do hereby mutually agree as follows: Definition of Terms Article 1. For the purpose of this agreement the following terms shall be construed respectively to mean: (a Commission The State Road Commission of Utah, or its duly authorized au-thorized representatives. (b) Local Authority The County of Beaver, State of Utah, acting thro Its Board of County Commissioners (c) Project The Road which has been destined a State Highway covered cover-ed by this agreement. (d) Plans- Maps, plans, or other drawings and specifications. (e) Construction Reconstruction and improvement as well as original construction. (f) Maintenance or properly maintained main-tained The making of needed repairs re-pairs and the preservation of a reasonably rea-sonably smooth surface, or a reasonably reason-ably satisfactory structure, as the case may be, but not extraordinary repairs or reconstruction. Description of Work Involved Article 2. This agreement covers the construction and maintenance of the Beaver-Millard Post Road No. 26 located1 between stations a distance of approximately appro-ximately 9.56 miles in length unless modified in accordance with Article Four hereof.) The estimated cost of the construe tion as above mentioned is One Hundred Hun-dred Four Thousand and no one bun dredeths Dollars. Surveys, Plans and Estimates Article 3. Upon approval by the Commission of the plans and estimates esti-mates made or to bo made pursuant to the aforesaid cooperative, agreement, agree-ment, the project shall bo constructed construct-ed in strict conformity therewith, subject to such modifications thereof as may be made in accordance with - Article Four hereof, or such otli r modifications as may be agreed upon by the local Authority and the Commission, Com-mission, which said plans and (lie estimates es-timates based thereon when approved approv-ed as herein provided, shall become a part, of this agreement. (continued on page five) t'OMMl!-BOXERS PROCEEDINGS ! (continued from first page) j Article 4. If, including the estimat-i ed cost of engineering, the estimated j final cost based on the location sur-1 nal cost, based on the location sur-: vey or on the lowest satisfactory bid! ror constructing the project, is in excess ex-cess of the amount which the parties have agreed to provide, notice thereof there-of shall be given by the Commission to the Local Authority. If both parties par-ties have and are willing to provide additional funds to meet such excess, such funds shall be provided in the same proportionate amounts as herein here-in provided by the parties: hereto, otherwise such changes approved by the Local Authority and the Commission Commis-sion may be made in the plans and specifications as are found advantageous advanta-geous and will reduce such total cost to the amount which the parties have agreed to provide. In case of such excess cost, construction shall not be started or obligations with respect thereto incurred until appropriate provision has been mhdo for modification modifi-cation of plans and specifications. ' for making additional funds available.. availa-ble.. If the funds which the parties have agreed to provide or can be made available- are still insufficient to construct the project in accordance accord-ance with the approved plans and the specifications or approved changes therein either party may, before the construction is begun or obligations with reference thereto incurred, with draw from the cooperative agreement upon thirty days notice to the other and upon payment of its prorata share of expenses theretofore incurred incur-red in connection with the project. If, during the progress of construe tion, it appears that the funds which the parties have agreed to provide .will be insufficient to meet the total cost of the project, notice thereof shall be given by the commission to the Local Authority, and if the parties, par-ties, or either of them can not or are. not willing to- provide the additional addi-tional funds necessary, such changes in the plans and specifications or in the length of the project, as will reduce re-duce the total cost to the amount of funds available, shall be made in the manner above specified. nhdCSastiXow is the time foral laff Article 5. It is hereby mutually understood un-derstood and agreed that no alteration altera-tion or revision of plans as hereinbefore herein-before provided and no discrepency between any estimates and. the actual final costs of the project, or of any part thereof, shall relieve either party par-ty herto from full liability to pay itss share of such final costs as hereinafter herein-after provided. Const ruction Article 6. The project from terminus termi-nus to terminus, as described in Article Ar-ticle Two. hereof, shall be .constructed .construct-ed by and under the direct supervision supervis-ion of the Commission, either by force account, or by contract, or by both, as may be determined by the Commission, and the costs thereof shall be shared by the parties hereto as hereinafter provided. Maintenance Article 7. The protect, or. anv completed com-pleted portion thereof, shall after com nlotion, be properly maintained thro-out thro-out by the Commission, and the costs thereof shall be paid by the Local Authority Au-thority as hereinafter provided from the State Road Fund of Beaver County. Coun-ty. Preliminary Engineering and Preparation Prepar-ation of Plans Article S. It is agreed that the Commission shall cause the necessary preliminary surveys to he made and "inns and estimates prepared as may he required to cover the proposed construction. tand if is further agreed that the entire cost of such prelimf-""rv prelimf-""rv engineering shall he paid by the ?,-,, ,,f Cost of Construction and M'i intoiKyirp Article 9. It is agreed, subject to the terms of this agreement, that the Commission shall pay Twenty R'x Thousand and no one hundredths Dol lars (526.000) of the firm 0st nf tllp nroiect. and that the Local Authority Author-ity shall pav Tweutv-Siv Thousand j an'l no 0"e hundre'leths Dollars ($26 000. of said cost, and the Local Authority Au-thority shall advance, as the Cimrm's-sion Cimrm's-sion shall reouire. all necessarv fund to take care of the Federal Government. Govern-ment. j The cost of maintenance of the en- Hro project shall be paid by the Lo-jcal Lo-jcal Authority. Funds Available ! Article 10. The Local Authority acrrees that the funds sufficient to jmcet all nf its .obligations with res- "ect to the prelimtnarv survey., construction con-struction and maintenance of the pro Wt. incurred nnr this agreement, have been or will be made available in the fnllowir-T manner or otherwise By resolution o the Local Authority Author-ity under the date of April 12, 1921, appropriating Twenty-S:'x Thousand and no One Hundredths Dollars (26-900) (26-900) or as much more as may be nec-fsary, nec-fsary, as evidenced by two certified copies of resolution filed, or to be nled, with the Commission, on May .5, 1921, and which thereupon shall become part of the agreement. Article 11. Unless and until this agreement is modified or terminated by mutual consent, or provided in rtiele Fifteen hereof, the Local Authority Au-thority agrees that funds sufficient to meet all its obligations, with respect 'o the proper maintenance of the project, pro-ject, incurred under this agreement, will be made annually available by levy, or otherwise, during July or ugnst of each yeax. payments Article 12. During the period when work is being performed by the Commission Com-mission under this agreement, the Local Authority shall deposit on or before the first (1) day of each mo. with the Treasurer of the State of Utah, such sums as the Commission may requisition to meet the expenditures expendi-tures made by the Commission during dur-ing the preceding month on account jof the construction, preliminary en-jgitieering en-jgitieering or reconstruction of the project, as evidenced by a statement thereof submitted to the Local Authority Au-thority by the Commission. If, upon j the completion of the project, or of any extraordinary repairs of recon-I recon-I struction, the total amount so depos-! depos-! ited on account thereof shall be foun i to re- in excess or the Local Authority's Author-ity's share of the final costs thereof, as hereinbefore provided, such excess ex-cess shall be returned to the State Road Fund of Beaver County. Fiscal Accounting Reports Article 13. The Commission shall ' keep accurate account of all disburse nients made from funds deposited in the Treasury of the State of Utah by the Local Authority under this agree- i ment, and as soon ar, practicable af-f- r the completion of construction, of or any extraordinary repairs or reconstruction, shall submit to the Local Authority a detailed statement of the amounts disbursed on acocunt of construction, extraordinary repairs, re-pairs, or reconstruction. Article 14. The Local Authority will annually, when fixing its State Read Tax Levy, include provision for sufficient funds for the proper maintenance main-tenance of this project; the estimat- ed amount required annually being One Thousand Xine Hundred and no One Hundredths Dollars ($1,900.) but more will be provided if required by the Commission, and remitted : promptly hy the Local Authorityup- ; on requisition of the Commission. Penalty for Failure to Comply With Agreement Article 15. If the Local Authority shall fail to make available sufficient funds to meet all its obligations here under, or shall fail properly to main tain the project to the extent required requir-ed under Article Seven hereof, of if any other failure on the part of the Local Authority to comply with the terms of the agreement, the Commission Commis-sion will give notice thereof, and if, within two months from the receipt of such notice, the condition complained com-plained of is not satisfactorily corrected!, cor-rected!, the Commission shall bo freed from any and all further liability hereunder, may abrogate this and any other existing agreement with the Local Authority, and may thereafter there-after decline to enter into any other cooperative agreement with the Local Lo-cal Authority until compliance has been made with the terms of this agreement. ag-reement. i!-'-!: '' Article 16. All rights- of way not on land of the United States and necessary nec-essary for the project shall be provided pro-vided by the Local Authority and all expenses thereof and any incidental damage to adjoining property shall be paid by Local Authority, and no part of such expense or damages shall be paid directly or indirectly by the Commission, but shall be construed con-strued and considered as an additional addition-al part of the Local Authority's share of the final cost of the project as here ! in provided. In Witness Whore, the parties have hereunto allixed their signatures and1 official seals, the Local Authority on the day and year first above written, and the Commission on the day of 1921. COUNTY OF BEAVER By Board of County Commissioners. Oren Burke Chairman H. D. Thompson, Member C. A. Arrington Member STATE ROAD COMMISSION Atle.t Waldo F. Murdock, County Clerk of Beaver County (seal) The statement of the Treasurer for the month of March was read and approved; (he statement is as follows: fol-lows: To warrants cashed 2947.90 March 1, by hal on hand $7990.97 To Balance 5681.47 March 31, co. office fees ....255.10 Tax Sale Reed $346.10 Col. of Uncol 38.30 $S629.37.... $8629.37 April 1. by balance 5681.47 All bids for the hauling of gravel (continued to page 4) (.'oMMissioxr.R:-; piuk KF.IUNGS . (continued from page live 4 on the Milford-Hay Spring s road: were read and rejected. j j Motion made by Mr. Arrington that, in the face of lawsuit now pend j ing against the county in the Feder- j al Court, for the recovery of about j $7.UiiO. all County Road construction cease at once; understood lhat this does not include bonded projects. ' Passed. j. Mrs. Bessie Law was reduced from ' $1G to $S per month on the Depend-, ent Mothers list. McAulley children reduced from $10 to $5.00 per mo. I The Treasurer was ordered to re-j re-j fund $43..r3 to the Beaver Combina-j I tion Mining company which was I charged erroneous assessment. j Motion made by Mr. Arrington; that Mr. J. L. Griffiths take office as State and County road agent, to look after the State and County Roads, on May 1. Seconded by Thompson. Vote cast as follows: Aye: Arrington, Nave Thompson and Burke. Moved by Thompson that we consider this matter mat-ter at the next regular meeting. Thompson takes the chair. Burke seconds the motion. Mr. Arrington amends the motion as follows: That Mr. Griffiths take office on that date, instead of the matter being consider ed. No second, amendment lost. The bill of W. T. Boyle for $4 per day was cut to $3. The agreement made between the Treasurer of this county and the Deputy Dep-uty Assessor of Millard' county, where in Beaver County agrees to pay Millard Mil-lard County the money collected on 3 000 head of sheep assessed to' the Murray Sheep company, for 1 month and agrees to refund Millard county the assessment on 2000 sheep assessed asses-sed to Swensen Brothers for the 5 months' tax collected In Beaver Co., for 1920 and Millard county agrees to release all claims against Beaver . county for the taxes on the herds ot Jacob Thompson and Charles Stevens Stev-ens was approved.' The County road pay roll for the month of March amounting to $2,-085.96, $2,-085.96, submitted by J. E. Robinson, was approved and ordered paid. The following bills were approved and ordered paid: Utah Trans. Co, Co Roads 67. ID Oren Burke, Com. Exp .....41.26 C. A. Arrington, same. 12.90 Oren Burke, same 5.00 H. A. Christensen, Co Agt ....571.16 Milford Hotel, indigent 21.25' W. J. Robinson. Dep Ass 18.50 Shields, Stationery 30.23 A. O. Hardy, truck 6.50 Milford Pharmacy indigent 5.90 C. F. Swanson, indigent 28.00 It. V. Scott Gvle Road 8.00 Con Wagon Mac Co. Road 32.50 F. and S. Merc. Misc 27.45 Oren Burke Com Exp '. 37.75 Weitbrecht Sty co. Bks, Sty 6.90 C. K. Jameson, C. C 97.20 Herb Eyre, Dep. Assessor ........24.00 D. N. Hickman, Co. Roads ....457.91 J. F. Tolton Sons, indigent 8.40 E. Burton, Co. Road 8.44 Milford Auto Co. Co. Roads ....19.20 New Cen Pt. Co, Bks Sty 3.83 W. M. Kelley, Co. Road 14.00 H. A. Christensen Co. Agt 56.13 H. D. Thompson Com Exp. 38.02 Elizabeth Neilsen Dep Rec 67.50 E. O. Puffer, indigent 19.90 E. O. Puffer, C. C 3.60 C. T. Woodbury, Co office exp. 10.25 Linda Limb, Misc ;...1.80 Joe Bagshaw, indigent 4.00 Beaver City, indigent 10.00 C..T. Woodbury, indigent 15.84 W. T. Boyle, dept assessor 81.00 Monto C. Levi, dept clerk 18.00 Maickerell and Cockett Indigent 26.50 Mi. States T and T Co. Tele 31.78 Geo. B. Skinner Co Office Exp. 8.55 Con Wagon co road 18.70 Whereupon the Board adjourned until Thursday May 12, 1921 at the hour of 10 o'clock a. m. Oren Burke Chairman. Attest Waldo Murdiock Co. Clerk.