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Home My WebLink About20130180.tiffAgenda Item Addition for the December 26, 2012 Weld County Commissioner Public Meeting In review of the agenda for the upcoming meeting, I would like to add the following agenda item. ✓ The public needs to review the First Reading of the Code Ordinance $2012-15 in the matter of repealing and reenacting with Amendments to Chapter 7 Emergency Medical Services of the Weld County Code prior to having it on the consent Agenda. ✓ There needs to be time for the public to have knowledge and background behind the need to change any ordinance as it pertains to Emergency Medical Services. I I am very knowledgeable in regards to Emergency Medical. Services and provide Medical Direction to the majority of fire Agencies within the County as well as a governor appointed member of the Emergency Medical Practice Advisory Council. Respectfully Submitted, Denji Kitagawa, DO FACEP E32: :yo/3 -Cvsie) Sec. 7-1-20. Delegation. A. The Board of County Commissioner designates and delegates to the Director of the Weld County Department of Public Health and Enviromaent the authority to manage the Emergency Medical Services Rules and Regulations as set out in this Chapter. tinder the direction of the Board, inspections. Hearses permitssermilti!le of individual ambulances. applicatiunupcucessing and review, �tlN' l perntita,.tecoDunendatinns to the Board of County C oital:sinners for licensure. and other administrative functions necessary to implement this Chapter shall be the responsibility of the Director. B. The Board of County Commisslone_r567ay romulgate and enforce such rules and regulations for the operation and licensing of ambulance services in the County as recommended by the Director deeems;,esessary to provide for quality emergency medical services and to ensure compliance with state law and any resolution adopted by the Board. C. The Board of County Commissioners shall review and consider forapgrpydi all applications for ambulance service Lr.nses based upon the recommendalien Of the Director and the application materlah submitted )--..01-c local I'aerstng' •th$4ty; Sec -7-1-3D. Definitions. Ambulance service license means a nonexclusive amhorization issued by the Board of County Commissioners to operate an ambulance service, publicly or privately within the County as further defined in Section 7-240 of this Chapter.ueon primuy-beseufopemtion i- iroted in the County or -whose operation ;Deluder providing primmyette-in 7 Ambulance vehicle permit means the authorization issued by the Department with respect to an ambulance used or to be used to Drove de ambulance service In the County. Primary rare means the initial response and care tor emergency medical services, either by contract or agreement with Weld County. Sec. 7-240. License for ambulance service. No person shall provide or operate an ambulance service publicly or privately in the County unless that person holds a valid license to do so issued by the Boatel of County Cummissiouersfepnmaent, except us provided in Section 7-2-g0 helow. The fee for said license shall he set by separate ordinance. '1 he license shall issue only in the following tiers of service: Tier I: Tier II: Licensure authoring It+r Primary Care, as defincdjylion 7-1-30 of this Chapter. Licensor': authorizing for transports of paticnlfs) to and from licensed medical facilities. This Gccnstue does not provide for Primary Care, as defined in Section 7.1-30 of this Chaplet, Tier lib l.ieensure authorizing for Sltmdhy Service. as defined in Section 7-1-30 of this (:hapter. A: _ The Board of County Comntissimtrtstesrnes the richt to amend thew rules audreswlations and any other individual conditioltsof liccnsipe as applied to any pattikulatJlecnse. as needed in keeping with its leglelativc function and in eiderlu intplenient the policy of the Stnle of Colorado Pi the regulation and control of ambulance likensso is in the exclusive purview of the beardssif county' Cpmmissinncm. Persons or firms seeking application and approval of any i nlbuJon4' license 'alder this Chanter acknowledge that Weld County may contract with specific ambulance service nnwiderts) which will sen'C the emergence ambulance need of Weld County and participating municipalities. See. 7-2-80. I:xclgainpa. The ptovisious of this Chapter shall nut upply to the following: A. Tb. eee..pti......i-,h �.muy rue of n privrtcly or publicly armed vohiek, including search and rt cue. mat n ei yank r ^,p, use veld pativao-oevekietan-med-te-tatinmort t,u:m fa- oxirieationi'i epermitted ihiscapacity ma: unly-transpon patient; to the do. crt practical point to cs t i r 'u..l.m'bulaneeorheapitn4 13,4 velar/teJ. - d ia: n. .'iruknta ;......w at'.. r agog 1 epheor ern ,E..^ty ..l.a anbulences with perriits hired in -the localities of the r'r: tri fh• or cnieaeetteyah: :.vsefY..:..m to._i.J... the service- required: Iouteitkt care not-pnwiding printery care, but oreeolely teenspretinea paticut-iniho ounty Ed wkiuh.re-tiet Cototade eount3 Dr -desist >rwtionrof-to, . La_ a pat:...._:, :r J:. idsalrwith din bilk s cur-personsto require ite if the-vehiele. E. VcF 4Je4-e ediolelyfioethe transportation of into.4 a lod person: or persons Incnmeitatedbyaleehei o. -A ho earl. Yehtileiused to, the rransponation or person, ini wed at a mine when theDcyannnri used on the vehicles are subjectiti the mandatory safety standards of the federal mine safetyAnd health administration. or its successor agency. B, Vehicle". used by other agencies including quick response teams and rescue units that do not °Mindy hansoort patients pc ',snider. used to transport pnttenrs fen education from areas inaccessible Ina permitted ambulance, Vehicles used in this (-macaw may only_uanspotl nalienis in the closest practical point for access to a *ermined ambulance or hospital. C. Vehicles, Including ambulances Irom.onollter %rate. used during major calastlopheor may. I auialty incident modeling services when permitted ambulaoCes.are insufficient. q An ambulanceseance that cceii@Ltran.00rl patients from points origigdtingjQG9JQr•ido. or Transportinga pafentoriyin.d Wl outside the borders of Colorado E Vetticicuacd or designed for the scheduled transportation of convalescent patients. ipdividuats wiadisdbilities, or persons who wouhto9t be exegete(' to require skilled treatment (Mare while in thevehicle. F. Vehicles used solely for 1h1:.tDmsnOr 'Sion of intoxicated persons or petsori'a.jnSdpocil Ale_ by alcohol as defined m 4 75.1 d02. CRS but who are Der othervnkp di3iiblyd or Seriously Inlured and who would nof Ix exocrinl !n require sped treatment or rare while In the vehicle. G. Ambulances operated by a depatlmait or an agency of the federal goyemment. originaune from a federal tvsgtvallon for the purpose of responding to or tta issoorling patients under federal responsibiljty, H A wnkulance wr,lae that provides only intetlppte011ransomt of patients to and from Weld Counlynpt exceeding: 25 trips anathity4 Sec. 7-2-100. Approval of application. A.After receipt of an original application for an ambulance service license or ambulance vehicle permit, or a renewal thereof. the Department shall review the application and the applicant's record and provide for an inspection of equipment and vehicles to determine compliance with this Chapter. 'Ike Director shall nakc a rccummcndatjonjgi licensor: m the Board of County Conmli5sioners+. A. . to err. epplie. at t.. '.A. a. I aL ..44 permit for arch ambuknca used upon a finding drat: Al. 'lire ambulance service staff. vehicles, equipment and location comply with the requirements of this Chapter, 132. The ambulance service's emergency medical technicians are certified in accordance with the rules pertaining to emergency medical services of the Colorado Department of Puhlic Health and Environment; and 63 -The applicant has complied in all respects with the requirements of this Chapter. B. The Director shall set a heariagdate fur consideratjoRQf the application by with -the Board of County Commissioners, said daSe being a regular Board of County Commissioner business meeting no less than fide t'5} business days after the Director has deemed deeming -the ambulance service t0.bave met all licensure application requirements. The -Board -of CounitCOMm74`e"--`7"`"ra'u�4�na1",�nft tQ re^t!4 nn"i The oard off&p .r. Commissioners must find that the issuance of the license will rontnbute to an efficient, effective. and coordinated emergency medical re,pQnse.to residents of the County. Sfk {J]pe Board shall consider the following: 1. The recommendation of the Direr.. 2. The fg1SJs presented al lhe�e Board meeting. 3. The information contained in the official record 4, Rie "rvsuance of the lkensecontiiDSitci3o;n cffcient effective and coordinated crrmincv medical reap—rtsc to •esi'ea'cef the Fo"?(lC 5..4nv agreement or contract in plate in which Weld County is a party that grants to the ambulance service makine the application thegjgbt to provide primary care in Weld County. pursuant to C.R.S. 4 30 t1-107111fal presludesMaa-'- efa erne Sec. 7.7-IU. Unlawful practices. The following practices shall be unlawfid and shall be grounds for a suspension or revocation of a license: A. Willful and deliberate Otilure to respond to any emergency call. 13. Willful and deliberate failure to transport a patient when required in the event of an emergency. C. Administering unnwessa y treatment or supplies to a patient for the purpose of increasing the patient's bill. D. Administration of any substance unless under the protocol and'or order of the physician advisor or medical control. H. Charging for treatment or supplies not actually provided to a patient. F. Requiring and+ur allowing any employee of an ambulance service to be on continuous duty for any one ( I) period in excess of forlyeight (4R) hours, except in cases of extreme emergency. C. Except as otherwise provided in this Chapter. failure to deliver a patient to the most appropriate licensed medical facility as determined by the physician advisor, dependent upon the patient's medical needs. II. Conduct which constitutes a significant threat to the health or safety of the individuals receiving emergency care from a licensed ambulance service. I. Noncompliance with any rule or regulation sec forth in the EMS Laws concerning the duties and responsibilities of emergency medical technicians or medical directors. III ipmpine. which is defined as a reydlpnwe to a call for ambulance service by one ambulance service rpmpanv with the knowledge that another ambulance service company has either been notified to respond to the call or i5 actually responding to the call unless.she call Is of a life -critical nature and the closesymAlli?nce has responded. VONOSOR.SEVERANCE FIRE PROTECTION DISTRICT BOARD OF DIRECTORS January 5,2013 Commissioner William Garcia Weld County Commissioners 1150 O Street Greeley, CO 80632 Dear Commissioner Garcia, 700 7th St. Windsor, CO 80550 T 9704842626 F 9706869262 boordewsb.us yww.wIrcut As the President of the Board of Directors of Windsor•Severance Fire Rescue, I wish to take a moment to ask your consideration of additional language to your tiered ambulance code ordinance change. I have not had the pleasure of speaking to you one•on-one, as I have had with most of your colleagues. When the County transferred it's ambulance assets to a private corporation this spring, it set in motion events that have come to affect the district my board is responsible for. Specifically, Banner Health's agreement with the City of Greeley for ambulance services ensured ambulance coverage to Greeley. Should Greeleyrs ambulances become engaged, than the "reserve" ambulance that is staged in Windsor is relocated to Greeley, thereby prolonging response times to Windsor and Severance to dangerous lengths. WSFR as well as the town leaders of both Windsor and Severance met this spring to discuss the impact the ambulance change brought to our citizens. It was determined that we needed to enter into a written contract to delineate exactly what the services to our communities was to be. WSFR was tasked with securing that contract through exploration with area providers. We came up with a basic outline and provided that to Banner. The contract that was presented to our board from Banner fell short of our requirements and expectations. It was rejected unanimously. The Board Instructed Chief Herb Brady to pursue negotiations with other entities. The same exact basic outline that was provided to Banner was provided to University of Colorado Health. They took that outline and EXCEEDED our expectations on all points, dropping response time ability considerably while offering advanced technology aboard the ambulances to ensure the best possible outcomes for medical conditions where time is of critical importance. All of this was offered with no financial impact to the taxpayers. From our standpoint it is an absolute win - win situation. ti �'f`Rd6 2013.0180 Our fire district has retained the right over the decades to provide rescue services to our citizens. Our attorney has or will be providing that documentation to your counsel. One of your colleagues repeatedly and sternly challenged me at the first reading of the ordinance change as to what authority I (our Board) had to dictate ambulance service. The aforementioned documentation should put that issue to rest. Threats of increased communication center fees should cease as well, as these vehicles will be branded by our district, and dispatched through the exact same matrix as any of our other apparatus. Colorado Revised Statutes 30-15-401(9)(a) and 32-1-103(7) state respectively that the County cannot trump the jurisdictions of a special district and that fire districts may supply/provide ambulance and medical services directly or indirectly as long as those ambulances are properly licensed under Section 25-3.5-302. My request of you as you head into the second reading, is to consider inclusion of language into ordinance 2012-15 that would grant licensure of ambulances chosen by special districts who retain those rights, as long as said service meets safety requirements in training, equipment, etc. Excluding said districts from your "primary care" definition ensures our ability to carry out our sworn duty for the citizens we represent. This will also relieve concerns from two Title 32 districts that already have ambulance service in place that are not bound by your exclusive agreement with Banner. Please consider also that if Windsor, Johnstown, and Milliken contract elsewhere, Banner ambulance resources are freed up to better serve the smaller communities in Weld County, considerably shortening their response times as well. Again, a win -win situation from the perspective of public health and safety. Thank you for your time and consideration, anieuiolizT! SFR Board President Page 2 Esther Gesick From: Sent: To: Cc: Subject: Jennifer Fuller Monday. January 07.2013 3:50 PM CTB Barbara Kirkmeyer; Douglas Rademacher Mike Freeman; Sean Conway. William Garcia; Bruce Barker FW: Weld County Ambulance Services Please add to file. Thanks. Jenny (Yank:00W Feller I I Office Manager, Board of County Commissioners I I Weld County, Colorado I I (970) 3367204 I 11150 O Street, P.O. Box 758, Greeley, Colorado 80631 I I www.wridgnv.com CwAieliatit we, P*ItWI vie Sxatni=%t wJu.yal'eti'.ti6'.V':Mea•ZIY W111i,42H}&kl.lil VlyrorrtrJllMa Crivo!ea• .t.•en is&1,wsaa OMFOCCr.A eitymfla^III* ; pna:Tol, rASiIctargrnste ectiolfr'ti:thIwte.. if ski Pwre:M,MM,V va atu,.vN'.a..=C♦nteiSAy n0:rrtYnee br(2.Inl+.iiiikl oniw me(cnt^Itt<96N Anr,Crowr4 •ail? Atw.IG' orr4:A'.•7 Ora yadm ramorerg 1M c,v*t rltiacalim'naaincr tepitWN.mtlt b/,nlrwe aitc• Met.de nbxS1.1.: ti!(s nklhu'atOk4 Front: Bobble Douglas Li JRQ:betithe $lpbroa1band.OM] Sent: Monday, January 07, 2013 3:29 PM To: Jennifer Fuller Subject: Weld County Ambulance Services To Weld County Commissioners: With regard to the talk of a Weld County wide ambulance service, I wish to strongly object to such a program. As a refugee from Larimer County who moved to Weld County because we were upset with some of the policies that were being established there and because the City of Fart Collins was moving in on our acreage, we were hoping that Weld County would be more free as to agriculture as well as personal rights and liberties. Our farm is located on Weld County Road 84 and 1 X miles Into Weld County on the west side of Weld County. Although we shop in Windsor, we have remained with our doctors in Fort Collins. Right now if we call 911, we would be served by an ambulance from the Poudre Valley Hospital System. My husband and I have our cancer doctors, my cardiologist, and primary care doctor with whom we wish to remain our relationships. As older adults and on Medicare, the idea of trying to find new doctors who are accepting new Medicare patients is overwhelming as I have already had friends find the need to find a new doctor because their former doctor has retired and this has been a difficult situation. If Weld County adopts an ambulance policy which results In all ambulances taking patients to the Banner Greeley Hospital, we would be apt to not call 911 and try to take ourselves to Poudre Valley Hospital which could result In unnecessary less of time in receiving medical services or even death. I have already read letters from others who live in western Weld County who also are against such a proposed program in the Greeley Tribune. Please give consideration to a more open ambulance service where there is choke as to which hospital the patient will be taken. Keep Weld County a place where logic is used far such decisions unlike our federal government and sometimes our state government. Barbara (Bobbie) Douglas 7392 Weld County Road 84 Fort Collins CO 80524 970-472-5775 Esther Gesick Subject: FNd Monday From: Sean Conway Sent Monday, January 14, 2013 7:11 AM To: Monica Mika Cc: William Garcia; Esther Gesick Subject Re: Monday EXHIBIT r E z� Av� Sent from my iPhone On Jan 14, 2013, at 6:47 AM, "Monica Mika" <mmikafdco.weld.co.usa wrote: Thanks Bruce. Good catch. Sent from my iPhone On Jan 14, 2013, at 6A4 AM, 'Bruce Barker" <bbarkerE co.weld.co.up wrote: A response I got back from Dick Lyons yesterday. I realized when I read his e-mail that we had not left in the part about how an ambulance service with Its "primary base of operation" in Weld County could be licensed to provide primary care in Weld County. That was partly due to the fact that we were trying W concentrate on the Tier One just being by contract or agreement, and partly due to my oversight in not including it when the State regs require it. So, I propose the attached modification to the definition of "Primary Care" (shown either in "strikeout" or in yellow highlight) and it would allow the fire districts to receive a Tier One license. the pdf is what the Board considered and approved on December 26r'. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 070)356-4000, ext. 4390 Fax: (970) 352-0242 <Image00s.Jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication In error, please this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Richard N. Lyons [mailto:RLvons©lgkhlaw.com] Sent: Sunday, January 13, 2013 3:25 PM To: Bruce Barker Subject: RE: Monday Hi Bruce. I can't speak for them because the chiefs need to visit with, and get instructions from, their three separate boards after I provide my legal recommendations to each if the ordinance is passed. However, I would anticipate that if the amended ordinance is passed and is not legally challenged, then it would appear that the best option would be for all five districts (the two currently providing ambulance service —I also represent Mtn. View ---and my three clients that have signed a L01 with Poudre) would have to submit to, and seek from, applications for permits/licenses as third tier providers. However, the ordinance creates a real legal problem on that because, as proposed, it would apparently prohibit the Districts from obtaining ambulance service licenses because none of them have contracts with Weld County to provide primary care. I think you have created a real legal nightmare and thus my clients are opposed to the amendment for obvious reasons---- the obvious conflict with state law regarding fire district and county relationships, and the conflict with the obvious legislative scheme/intent to allow fire districts to provide their own services with a permit/license for the vehicles without being forced to use the County's preferred single service provider. It really circles back to the local control argument that the new ordinance would require the Districts to relinquish what their local boards think is best for their particular residents and their unique demographic/geographic/highway system circumstances and yield to what services the BOCC thinks is best for the whole county regardless of those unique individual circumstances/factors in each district. See you tomorrow, although I think my clients will do most of the objecting, not me. You already have my legal arguments. The BOCC needs to hear the political and operational arguments and what makes the most sense for the good of the public. Regards, D. Richard N. Lyons, II LYONS GADDIS KAHN & HALL, PC P.O. Box 978 515 Kimbark Street, 2nd Floor Longmont, CO 80502-0978 Office: 303.776.9900 Fax: 303.776.9100 Cell (when out of office): 303.588.2003 Email: dyons@igkh/aw.com; Website: www.lgkhlaw.com <image006.jpg> CONFIDENTIALITY STATEMENT: THIS E-MAIL MESSAGE AND ANY ACCOMPANYING DOCUMENTS CONTAIN INFORMATION WHICH IS ATTORNEY CLIENT PRIVILEGED, CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE -NAMED RECIPIENT. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, PRINTING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR RETURN E-MAIL MESSAGE. THANK YOU. 2 From: Bruce Barker [mailto:bbarker©co.weld.co.us] Sent: Sunday, January 13, 2013 8:51 AM To: Richard N. Lyons Subject: RE: Monday Dick: Thanks. I will forward to the Board of County Commissioners for their consideration. Are each of the three districts going to apply for Tier 1 licenses as they will each be based in Weld County and will be providing ambulance service? Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "0" Street Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 <image005.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Richard N. Lyons [mailto:RLyons@Igkhlaw.com] Sent: Saturday, January 12, 2013 10:58 AM To: Bruce Barker Subject: Monday Hi Bruce. Wanted to share with you our talking points for Monday's second reading. Have a good weekend. Regards, D. Richard N. Lyons, II LYONS GADDIS KAHN & HALL, PC P.O. Box 978 Longmont, CO 80502-0978 Tele. 303-776-9900 Fax: 303-776-9100 Cell (when out of office): 303-588-2003 Email: rlyons@Igkhlaw.com Website: www.IEkhlaw.com <image006.jpg> CONFIDENTIALITY STATEMENT: THIS E-MAIL MESSAGE AND ANY ACCOMPANYING DOCUMENTS CONTAIN INFORMATION WHICH IS ATTORNEY CLIENT PRIVILEGED, CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE -NAMED RECIPIENT. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, PRINTING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR RETURN THE E-MAIL MESSAGE TO US. THANK YOU. 3 COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR RETURN THE E-MAIL MESSAGE TO US. THANK YOU. <Primary Care.docx> <Proposed Modifications to Chpater 7 of Weld County Code - Dec 21 2012 (2).pdf> 4 PINDThOS OP PACT 0001276 71v2Sy Ris. $rte ,a , Axeutbn 408708m Sooma. Pawed* &PATE OP COLORADO, SS, IN TD DISTRICT COURT COON'.YY OP WHID, ) Iii TW% RXfTER OP THE ORGANIZATION ) OP THE WINDSOR -SEVERANCE PINE ))) PROTECTION DISTRICT, ' ) AND DECRRE THIS CAUSE coming on far hoaring on the 27th day or July, /950, being ono of the, regular juridical days of the Ray, 1950, term of tho District Court in end for the County of Weld, State of Colorado, end petitioners appearing by their attorney J. W, Vaughn, end The Colorado & Southern Railway Company appearing by its attorney Hubert D. Waldo Jr, end no one appearing protesting against the creation or the proposed District, and it appearing to the Court and the Court on finds thst44u0 and sufficient notice as provided by law and order of this Court has boon given by pub- lication of the pendency of the petition, end or the time and placo of heating thereon, and it further appearing that no petition has boon filed in the office of the Olorh of this Court protesting against the oreation or the proposed District, and It appearing that The Colorado & Southern 7ailway Company has petitioned for exclusion of certain property from paid District; end the Court having examined said potation and having heard the evidence and argument of counooi, and being now netfiolently advised in the promises, DC'H PI7mt That the paid petition in in proper torsi and has been duly signed by the requisite number of taxpaying electors of said Metrics, end presented inconformity with Chapter 164 of the Sossion Sena of Colorado of 1949; that the allegations of said petition are true, and that no protesting petition has been filed; That the Colorado & Southern Railway Company hos requested that all itn land, real estate and rights of may lying and situate in the proposed district be exploded from the proposed district and that said property is used for railroad purposes and has an -1- I Ii1E(, ;Id __ 1 DgIRICT UMW I , warn:•,"ma 14:27 7955, ` S/42/O PAGE2DO assessed valuation in excess of $25,000.00 at the date of filing the petition herein; That the properties of additional tax payers used for manufacturing, mining, railroad or industrial purposes and having an assessed valuation in excess of $25,000.00 at the time of filing of the petition herein, are situate within said proposed .District, namely: The Great Western Sugar Company owns a sugar factory and sugar storage bins on site adjacent to Windsor Colorado, which have an assessed valuation in excess of 025,000.00 and But VsaidhCompany also are used rowns uwithin said strial and mDistrict rfarm lands,s� beet dumps, facilities and other real and personal property in excess of $25,000.00 but which are not used for manufact- uring, mining, railroad or industrial purposes; American Telephone & Telegraph Company; Great Western Railway Company; Rocky Mountain Pipeline Company; Public Service Company of Colorado; Mountain States Telephone & Telegraph Company; That noneof said tax payers has filed its written consent to be included in said proposed district and should be excluded therefrom, except only the farm lands, beet dumps, and facilities of the Great Western Sugar Company above set forth which should be included within the District. That the description of the District to be organized herein is as follows: All of the lands embraced within School Districts #4, #22, #66, #17, and #52, situate and lying within the County of Weld, State of Colorado; That the description of the outside boundary of said lands within the confines of Weld County is more particularly described in the decree following these findbN O.S. That the lands and property to be excluded from the above described area are as follows: All property, both real and personal, lying and situate within the corporate limits of the Town of Severance, Colorado; all land, real estate and rights of way of the Colorado and. Southern Railway -2- g ¶ -1 0011141276 PAGE 4}'J Company, and the said company's lines of railroad, buildings, improvements and machinery located on said lands, real estate and thereon rights of way; the lands and personal property/of The Great Western Sugar Company together with the buildings, improvements, machinery and equipment situate on such lands, which lands are described in the decree following these findings, Also to be excluded from said ➢istrict are the real and personal property of the following owners situate in said District, to -wit: American Telephone & Telegraph Company; Great Western Railway Company; Rocky Mountain Pipeline Company; Public Service Company of Colorado; Mountain States Telephone & Telegraph Company; insofar as any tract or parcel of real estate is used for manufacturing, mining, railroad or industrial purposes, The Court doth further find that the individuals designated' to serve in said petition as the first Board of Directors of said District are tax paying electors in said district and have consented to serve as such Board of Directors for the following terms, to wit: Douglas C. Clark to hold office until the first biennial election; lien Reichert and Harry C. Greenwald to hold office until two years after such election; Harold Young and Fred Brunner Jr, to hold office until four years after such election. DECREE IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Windsor -Severance Fire Protection District be and the same is hereby declared to be duly organized, and the same shall be a governmental subdivision of the State of Colorado, and a body corporate with all the powers of a public or quasi municipal corporation, IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the description of the territory to be included within said District shall be as follows: All of the lands embraced within. -3- BBf1K12, 6 PAGE292 School Districts #4, #22,. #66, ##17, and #52, being in the County of Weld State of Colorado, whose outside boundary is more partic- ularly described as follows, to -wit: Commencing at the West quarter corner of Section 18, Township 5 North Range 67 West of the 6th'P. M., in Weld County, Colorado, thence 1 North 10$ miles to the NW corner of Section 30 T. 7 R.. 67, thence e mile East to the North quarter corner of Section.30 T. 7 R, 67, thence North A mile to the center of Section, 19 T. 7 R. 67 thence * ncEle astt2 miles to the center of Section 21 T, 7 R. 67, thence North milee to North quarter corner of Section 21 T. 7 R. 67, thence East the NE corner of Section 21 T. 7 R. 67, thence North a mile to the West quarter corner of Section 15 T. 7 R. 67 thence East 1 mile to' the East quarter corner of Section 15 T. 7 R. 67, thence North 1 mile to the East quarter corner of Section 10 T. 7. R. 67, thence Nest ;j mile to the center of Section 10 T. 7 R. 67, thence North 2- miles to the center of Section 34 T. 8 R. 67, thence East 3:miles to the center of Section 31 T. 8 R. 66, thence South s mile to the South quarter corner of Section 31 T. 8 R.'66, thence West mile to the SW corner of Section 31 T. 8 R. 66 thence South a mile to the West quarter corner of Section 6 T. 7'R. 66, thence East mile, thence South 4 mile, thence East % mile, thence South mile to the South quarter corner of Section 6 T. 7 R. 66, thence South 2* miles to the center of Section 19 T. 7 R. 66, thence East 4 mile, thence South * 1 mile to the SW corner of SEISE* of Section 19 T. 7 R. 66 thence West A R.66 le tthenceSouth Southcenter 3/4 mile to line SW* of to the NE corner ofSWISWSection 7 Section 30 T. 7 R. 66, thence East g mile, thence South a mile to the South quarter corner of Section 30 T. 7 R. 66 thence South 4 mile to the center of Section 31 T. 7 R. 66 thence East AA mile to the East quarter corner of Section 31 T. 7 R. 66, thence South 11 miles to the NE corner of Section 7 of the NEI ofhence South Section 7 T. ttline 6 R. 66,th ence North 88°22! East along the North bank of lateral 1530 feet, thence South 45° 30! East South 617° 37!60 feet�Eastthence 297south 60feet too the50!centereadtaofnSectiona8 T. 6log laterl 655 feet, R. 66, honce thence South 1 mile to the center of Section 17 T. 6 R. 66, thence East k mile to the East quarter corner of Section 17 T. 6 R. 66, thence South 1 mile to the East quarter corner of Section. 20 T. 6 R. 66, thence West Q mile to the center of Section 20, T. 6 R. 66 thence South a miletothe South quarter corner of Section 20 T. 6 R. 66, thence East * mile to the SE corner of Section 20 T. 6 R. 66, thence South 1Q miles to the East quarter corner of Section 32 T. 6 R. 66, thence West g mile, thence South 1 mile, thence West mile, thence South 3 mile to the South quarter corner of Section 32 T. 6 R. 66, thence West u mile to the SW corner of Section 32 T. 6 R. 66, thence South 3 miles to the SE corner of Section 18 T. 5 R. 66, thence West 6•miles to the SW corner of Section 17, T. 5 R. 67, thence North A mile to the West quarter corner of Section 17 T. 5 R. 67, thence West 1 mile to point of beginning; Excepting therefrom all property, both r cal and personal, lying and situate within the corporate limits of the Town of Severance, Colorado; and also excepting therefrom all lands, real estate and rights of way of the Colorado and Southern Railway Company, and the said Company's lines of railroad, buildings, improvements and machinery located on said lands, real estate and rights of way; and also -4- BDGK12 6 PAGE293 excepting therefrom the following described lands of The Great Western Sugar Company together with the buildings, improvements, machinery; equipment, and all personal property thereon situate, to -wit: A tract of land in the Northeast Quarter (NED) of Section Twenty One (21), Township Six (6) North, Range Sixty -Seven (67) West of the Sixth Principal Meridian, in Weld County, Colorado, bounded and described as follows, to -wit: Beginning at a point sixty-four (64) feet north of the southeast corner of the Town of riindsor, seeond'filing„ according to the plat thereof recorded November 30th, A, D. 1900, in Book 3. of Mapsat page 15 of the records of the said County of Weld; thence east six hundred and. twenty-five (625) feet, more or less, to the Lake Supply ditch; ch; ditch ethence en hundredandnorthwesterly along eighty-four the center line of said Lake Supply (1084) feet, more or less, to the south line of the County Road; thence westerly along the south line of said County Road to the east line of the said Town of Windsor; thence south along Lsad Seast lline ne of the said Town of Windsor (being the east lino of s the place of beginning, containing six and twenty-three one -hundredths (6,23) acres, more or less; Also that certain portion of the northeast quarter (NE*) of Section Twenty-One (21), in said Township Six (6) North, Range Sixty-seven (67) West, in Weld County, Colorado, more particularly described as follows, to -wit: Beginning at the southeast corner of the said Tdwn of Windsor (said point being at the intersection of the east line of East Street with the south line of Locust Street in said Town of Windsor); thence north along the east boundary line of said Town of Windsor sixty-four (64) feet; thence East along the south boundary line of a tract of land heretofore conveyed by the Hartford Loan and rtfodated Trust Company, to The Windsor Mercantile Company, by 1 ditch; December 12th, 1902, to the center line of said Lake Supply thence northwesterly along the center line of said Lake Supply ditch (said center line being the northeasterly boundary line of said tract of land heretofore conveyed by said The Hartford Loan and Trust Company to said The Windsor Mercantile Company) to the south boundary line of the Oounty Road, lying south of and along the line of the railroad right of way of The Colorado and Southern Railway Company; thence southeasterly along the southerly boundary lino of said County Road to the east boundary line of said Section Twenty-one (21); thence South five hundred eighty (580) feet, more or less, to a point ten (10) feet north of the center line of a certain ditch crossing the said _ east line of said section; thence south eighty-four. degrees ton minutes (64° 10') west three hundred and forty-one (341) feet; thence south fifty-aix degrees ten minutes (56° 10') west two hundred (200) feet; thence south sixty-four degrees twenty-five minutes (64° 25i) west four hundred and t`lirty-three (433) feet; thence south r'ehi;tyhence nine degrees ton minutes (39° 10') west four hundred (400) the east bo�undarydline aof Kernis Subdivisif duo west fie on(saieetmore or less, to he east boundary line of said Town of Windsor produced); thence north along said east boundary line of Said Kerns Sub -division to the place of beginning, said tract of land containing forty (40) acres, more or..less, subject, however, to any and all rightsn ofsawayfo of roads and irrigating ditches now properly located land last described; -5- aom 42'76 FAGE294 and also excepting therefrom the real and personal property of the following owners situate in said District, to -wit: American Telephone & Telegraph Company; Great Western Railway Company; Rocky Mountain Pipeline Company; Public Service Company of Colorado; Mountain. States Telephone & Telegraph Company; insofar as any tract or parcel of real estate is used for 'manufacturing, mining, railroad or industrial purposes, and insofar' as the personal property thereon consists of machinery and equipment. All property, both real and personal, lying and situate within the corporate limits of the Town of Windsor, Colorado, are included within the boundaries of the said District; and all property, both real and personal, lying and. situate within the territorial boundaries of said District, belonging to The Great Western Sugar Company, is hereby included within the said District, save and except only the property of said Company hereinabove expressly excluded therefrom: IT IS FU ;TID':R ORDERED, ADJUDGED MU) DECREED that the corporate name of said District shall be The Windsor -Severance Fire Protection District. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the first floard of Directors shall consist of Douglas C, Clark, who shall hold office until the first biennial election; Ben Reichert and Harr;; C. Greenwald., to hold office until two years after such election; Harold Young and Fred Brunner Jr, to hold office until four years after such election. That the members of said Board shall qualify by filing with the Clerk of this Court their oaths of office and corporate surety bonds at the expense of the District, in the amount of $1,000.00 each for four members, but in the amount of µ6,000.00 for the member who is elected Treasurer of said District, the form of which bonds shall be as follows: -6- • BOON 2 p6 PAGE 295 f KNOW ALL MEN BY, THESE PRESXNTS, that we as pr nc pa and a of the County of Weld in the sState ety, areoheld.7and firmly bound unto the people of the State of Colorado in the penal sum of 4,000.00 (65,000.00) in bond of the Treasurer) current money of the United States which payment well and truly to be made and performed, we and each of us do.hereby bind ourselves, our heirs, executors, •administratord.,successors and assigns jointly, severally nd firmly by these presents. 1950. Witness our Hands and Seals this day of The condition of this obligation s such that 1i` the above bounden , a Director of The Windsor -Severance Fire Protection District, shall faithfully perform and discharge the duties of such office as provided by .law, then this obligation shall be void, otherwise to remain in full force and effect. Seal of Principal Seal Surety It is further Ordered that the Clerk of this Court shall within 30 days from this date tranemit to the County Clerk and Recorder in Weld County, Colorado, a copy of these findings and decree. Done in Open Court. By the Courtos 27th day of July, 1950. Claude C. Coffin (signed) Judge. eaay.1276 faa:296 Certificate of Copy STATE OF COLORADO i ss: COUNTY OF WELD A.J. Luther Clerk of the District Court, in and for the aforesaid County and State, do hereby certify that the within and foregoing is a full, true and correct copy of Findings of%Fact and Decree in Case No.11685, entitled IN THE HATTER OF THE ORGANIZATION OF THE WINDSOR -SEVERANCE FIRE PROTECTION DISTRICT as the same appears from the Original Files and Records of this Court, in said cause, in this office now remaining. %/;... IN TESTIMONY WHEREOF, I have hereunto set my hand and af- fixed my official seal, at my office in Greeley in said County and State, this 3rd -day of ARg-USt A.D. 19.Jr-Q- A.JLuther ---._ CIS o�Hstri Court, Weld County, Colorado By Deputy ' THE WELD COUNTY ABSTRACT AND INVESTMENT COMPANY. GREELEY. COLO. SHEET NO eerczte'00'O-,,, ,, be-cyne'6C'Oe"'t'e 6e"60"®e`t,o- 6e" ,,-,t e(me-e,rib -,R,e'de'mebebe'..'e'de'dQ rJ, No. 1133851 .Pe OSTATE OF COLORADO ) ss IN THE DISTRICT COURT FILED IN DISTRICT COURT Q S dCOUNTY OF WELD. ) WELD CO,, COLO. 0 JUN 27 1952 Q S A. J. LUTHER, CLERK IIN THE MATTER OF THE ORGANIZATION 4OF THE JOHAISTOWN FIRE PROTECTION FINDINGS OF FACT AND DECREE ;DISTRICT. Civil Action No. 12070. A, THIS CAUSE Coming on for hearing on'the 27th day of June, 1952, being ;one of the regular juridical days of the May 1952 Termof the District Court 0 din and for the County of Weld, State of Colorado, and the Petitioners appear- ; Sing by one of their attorneys, John S, Hough, and no one appearing protesting d ;against the creation of•the•.proposed District, the. matter having been con • a- e-ese' s t eoe�eo�rne000eoe�eeA e -c eoac.e-oeoe.oeteae4e.c eoe.se��n-o0o0000Oasa ®tinned for hearing to•this Date and it appearing to the Court, and the Court W. Pso finds that due and sufficient Notice as provided by law and order of this 9 ',Court has been given by publication of the pendency of the petition and of :the time - and place of hearing thereon,. and it further appearing. that no Peti- has been filed in the office cof the clerk of this his District pratsingexamined d !{�� "against the creation of the proposed District.,a °'Qsaid petition and having heard the evidence and argument of counsel and being know sufficiently advised in the Premises, o DOTE FIND: That the said Petition is in the proper form and has been o mduly signed by the requisite number of taxpaying electors of said District; :and presented in conformity with Chapter 164, of the Session Laws of Colorado d 0of 1949, as amended; that the allegations of said Petition are true and that eno protesting petition has been filed; Q d That the properties of taxpayers used for manufacturing, mining, rail- a proad'or industrial use and having an assessed valuation in excesS of $250000. 0 e at the time of the filing of the Petition herein,'situated within the said a A0.6`x04044040404.;aQ404aSiad000404ada4;0 04.a4a4a'-Y0Aa4040'Co04Wy0'604040 'proposedDistrict are, namely: Ya 1. .Great Western Sugar Company 2. Colorado Central'Power Company ' 3, Public' Service Company -of Colorado Ca 4. Colorado Condensed Milk Company • 0 5. The Denver Elevators 6. National Alfalfa Dehydrating and Milling Company ' 7. Great Western Railroad Company, ¢ 8. Union Pacific Railroad Company e p That none of said taxpayers has filed its written consent to be includ- e d w ed in . said proposed District and all should be excluded therefrom; That the description of the District to be organized,' as described in 1 ;the Petition filed herein, is as follows: 4 e Commencing at a point which is the. West g' corner of Section le,. T; , SR 67 W of the 6th principal Meridian, the same, being the.South boundary line s , 030404000404040004040404004ad0Oa40d04040G1'O.c..04040404414;o4'rOa40.O.00.C THE WELD COUNTY ABSTRACT AND INVESTMENT COMPANY. GREELEY. COLO. SHEET NO Bt0o0.000'o0C•04o0 eStcye Oe.gere 6049'be^c e -c -e me-ene4eAbe-c •0'®•040Asse-e.+0�04e40m0misC se !of the Windsor Fire Protection District; thence Easterly along the i section f &line of Section.18, T 5 N, R 67 W, to a point on the North -South boundary !line separating Section 18 from Section 17, T 5 N, It 67 W; thence Southerly i :along said section line to a point being the corner common to Sections 17, ;18, 19 and 20, T 5 N, R 67 W; thence Easterly along the section line .5 miles' 0to a point being the corner common to Sections 13 and 24, T 5 N, R 67 W, and :Sections 18 and 19, T 5 N, R 66 W; thence Southerly along the section line 3 °! ;miles to a point being the corner common to Sections 36, T 5 N, R 67 W, Sec- 0tion 1, T 4 N, R 67 W, Section 31, T 5 N, R 66 W an3 Section 6, T 4 Nt R 66 ° :W; thence Westerly along the section line 2 miles to a point being the corner e ;common to Sections 34 and 35, T 5 N, R 67 W, and Sections 2 and 3, T 4 N, R 0 067W; thence Southerly along the section line 5 miles to•a point being the e :corner common to Sections 26, 27, 34 and 35, T 4 N, R 67 W; thence Westerly ee ;along the section line 1 mile to a point being the corner common to Sections 0 027, 28, 33 and 34, T 4 N, R 67 W: thence Southerly along the section line lfr ..0 :miles to a point being the East n corner of Section 4, T 3 N, R 67 W; thence .9 ;00.69b•e604O4Aj4e40'6040'Oe40"00.6060491'Yeoe escoe0e'O.70ebet-eb9404040Q9093 :Westerly along the z section line to a point being'the center of Section 4, '' &T 3 N, R 67 W; thence Southerly along the a section line to the South 4 con- e °pner of said Section 4,. T 3 N, R 67 W; thence Westerly along the section line bi mile to a point being the corner common to Sections 4, 5, 8 and 9,.T 3 N, o &R 67 W; thence Southerly along the section line i mile to a point being the .:°East i corner of Section 8, T 3 N, R 67'i;'thence Westerly along the i sec- tion line to a point being the West i corner of Section 8, T 3 N, R 67 W; . 0} thence Southerly along the section line 1 mile to a point being the corner ; common to Sections 7, 8, 17 and 18, T 3 N, R 67 W; thence Westerly along the 0 : section line 3 miles to a point being the corner common to Sections 10, 11, 014 and 15, T 3 N, R 68 W; being also the center line of.State Highway #185, &and the Eastern boundary line of the Berthoud Fire Protection District;. , o !thence Northerly along the section line 8 miles to a point being the NW cor- oner ° of Section 2, T 4 N, R 68 W; thence Easterly along the section line to a ; point where the N -S West section line of Section 31, T 5 N, R 67 W intersects 0� :the E -W North section line of Section 1, T 4 N', R 68 W; thence Northerly QQ W4pQ040400404.D4WOQ4Wd0490.0.0•;D.WO.I➢4;dSPPYSM r94l•;.O+"a•D400•Ipd040M•W.Ww W.Y49O9 :along the Section line 3i miles to the West j corner 'of said Section 18, T 5.a &N, R 67 W, the point of beginning; all lying.in the County of Weld, State of 0 !;Colorado. " A ° That on the 19th day of May, 1952, the day set for hearing upon said &petition appearance was entered by certain citizens desirous of forming and 0 ®organizing a Fire Protection District to be known as the Mead. Fire Protection :District; 0 0' That a continuance was granted until the 27th•day of June, 19529 upon bb °motion, to permit the filing of Petition for formation of the said .' Mead Fire C0 0 ,Protection District; ° 0 That on the 2nd day of June, 1952., a Petition was filed in this court. °° in the matter of the organization of the Mead Fire Protection District; e That certain lands included within the boundary of the Johnstown Fire I protection District, as herein petitioned, are also.included within the bound d ° aries of the said Mead Fire Protection District to wit: Commencing at a point which is the NE corner -of Section 7,• T 3 N, R.6711 WtiY0404G .0094040404W004GS0040m0'00404.040-•04OmQ4040C.OdW400.040004m4q_ THE WELD COUNTY ABSTRACT AND INVESTMENT COMPANY. Gatre. COLO. SHEET NO B,VD�p�ibp6'o'D4D'O0=Ca9'X041?e' 0db�'0'd'�'�0 0'�'^de's.'O4e4'40+.Y0�0OD'm0'de'CedOSD40e40atse eW; thence Southerly along the Section line 1 mile to a point being the SE cor-t Qner of Section 7, T 3 N, R 67 W; thence Westerly along the section line 3 0 ()miles to a point being the corner common to Sections 10, 11, ' 14 and 15, T 3 IN, R 68 W, being also the center line of State Highway #18.5, thence Northerly o &along the section line 3 miles to a point being the corner common to Sections.0 026, 27, 34 and 35, T 4 N, R 68 W, thence Easterly along the section line l miles to a point being the Ni corner of Section 36, T 4 N, R 68 WI thence Q °Southerly along the y section line 2 miles to a point being the SI corner of # ()Section 1, T 3 N, R 68 W; thence Easterly along the section line l2 miles to e the NE corner of Section 7, T 3 N, R 67 W; the poinelectot of eginnrs iiding in said .Q ng; e That consent has been filed by the taxpay g ()above described overlaping lands consenting to be excluded from the Johnstown $ ;Fire Protection District; .0 . That it is in the best interest of the public and. of the public welfare,() $that said described lands be excluded from the Johnstown Fire Protection Pis- 0 a(over) trict; ®oeoDoeoe.e eoeoeoe�eoeoeee e-ceoe.teoe-ce.oe.eveoeoee-e<»eao.00 eomea"i'd f That there is no objection by the proponents and petitioners of the '&Johnstown Fire Protection District against such exclusion; % That the boundaries of the Johnstown Fire Protection District, after £suohQ Commencing at a point which is the West * corner of Section 1St T 5 N, exclusion, are as follows, to wit: eR 67 W of the 6th Principal Meridian, the same.being the South boundary line Sof the Windsor Fire Protection District; thence Easterly along the i section e Aline of Section 18, Try N-0 R 67 W, to a point on the North -South boundary .G ()line separating Section 18 from Section 17, T 5 N, R 67 W; thence Southerly %along said section line to a point being the corner common to Sections 17,,18,E ;.19 and 20, T 5 N, R 67 W; thence Easterly along the section line 5 miles to a E Qpoint beincthe corner common to Sections 13 and 24, T 5 N, R 67 W,. and Sec- etions 18 and 19, T 5 N, R 66 W; thence Southerly along the section. line 3 F .®miles to.a point being the corner common to Sections 36. T 5 i, R 67 W, Sec— ., t Q tion 1, T 4 N, R .67 W, Section 31, ' 5 , R 66 W and' Section 6,_14...„.N, R 66 I e °W;• thence Westerly along the section line 2 miles to a point being the corder I &4Q -c1 040440d0404B0940404®Ci.04is1®,31.O'0'9'seaCt 4040404ecY04W<i0AtrO1Y041 \jcommon to Sections 34 and 35, T 5 N, R 67 W, and Sections 2 and 3,:T _411) -R N; R Q67 W; thence Southerly along t e section line 5 miles to a point being the v i corner common to Sections 26, 27, 34 and 35,_A.,N.,R 67 W; thence Westerly ®along the section line 1 mile to a point being the corner common to Sections 027, 28, 33 and 34, T,4 N, R 67 W; thence Southerly along the section line lZ ;miles to a point being the East * corner of Section 4., T 3 N, R 67 i4; thence. ()°Westerly along the z section line to a point being the center of Section 4, 0T 3 N,,_ R 67 W; thence Southerly along the z section line to the South s colt-, ' Qner of said Section 4, T`3 N, R 67 W; thence Westerly along the section line ei mile to a point being the corner common to Sections 4, 5, 8 and 9, T, 3 N, R 967 W; thence Southerly along the section line i mile to a point being the East ;4 corner of Sections 8, T 3 N=, -R.67 W; thence Westerly along the i section. e line to a point being the West - corner of Section 8, T_, 3.,.NT,,, R 67 W; thence ()Northerly along the section line i mile to a point being the corner common to Sections 5, n 68 6,17 and 8, *-3_:N, R 67 W; thenceWesterly r.miles Northerly al to.a pithe point be - ;ping the South 4 corner, Section 1, T.:3 N,�, 04040& Qo.04040400e4040404404e40004040404°404040404000404°40404.04 Q THE WELD COUNTY ABSTRACT AND INVESTMENT COMPANY, GREELEY. COLO. SHEET NO e4e4esD44e4e4e4}Oe4e4ebe•6e'0'e•m•O. rn>e'6e466e4e4e'0ebe4e'memeRYe4ebe'6e'me 41 0 eI section line 2 miles to a point being the North I corner of Section 36, T_Ave ,N, R 68 W; thence Westerly 14 miles along the section line to a point being Olie NW corner of Section 35, T 4 N, R 68 W, being also•the center line of ;State Highway #185, and the Ea -stein boundary line of the Berthoud Fire Protec-e etion District; thence Northerly along the Section line 5 miles to a poing be -0 ding the NW corner of Section .2, T,_,4_11,..R 68 W; thence Easterly along the -Sec -; Otion line to a point where the N -S West section line of Section 31, T 5 N, R ;67 Vt intersects the 2-W North section line of Section 1, T._4 ,�1, R 68 W; thence, #Northerly along the section line 3i miles to the West corner of said Sec- e ;tion 18, 5 N, R 67 W, the point of beginning; all lying in the County of OWeld, State of Colorado. 0 • DECREE IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that the JOHNSTOWN FIRE It OOPROTECTION DISTRICT be, and the same is hereby declared to be duly organized, 0 land the same shall be a governmental subdivision of the State of Colorado, # 0 and a body corporate with all the powers of a public or quasi -municipal cor- 0 o4e4e..+eoeoe4eoeoeoeoe4e4eoeoeoeoeoe4eec e4e4e-e.e4eoeooa-o.eo.e4D•o.oa•a3 - it poration. , It. is further ordered, adjudged and decreed by the court that the fel-.® Slowing described tracts and lands within the boundary of the Johnstown Fire 0 Protection District as set out in the petition filed herein, be and the same e ,is hereby excluded from said Johnstown Fire Protection District, to wit: 1 Commencing at a point which is the NE corner of Section 7, 3 N, R 67 W; thence Southerly along the Section line 1 mile to a'point being the SE curl ,,ner of Section 7, T 9 ,N, R 67 W; thence Westerly along the section line 3 0miles to a point being the corner common to Sections 10, 11, 14 and 15; tI # IN, R'68 W; being also the center line to State Highway #185, thence Northerly along the section line 3 miles to a point being the corner common to Sections S 026, 27,'34 and 35, T 4 N, R 68 W; thence Easterly along the section. line li 0 Smiles to a point being the N4 corner of Section 36, T 4 N, R 68 W- thence ;Southerly along the.j section line 2 miles to a point being the St corner of S ,Section 1, T 3 N, R 68 W; thence Easterly along the section line li miles to I. 0the NE corner of Section 7, T 3 N, R 67 W, the point of beginning; Qd e.g.eQ•Da4e4ea®4e0-04e4ea.e404e4G•O.®OW4DOe4s4e4vve.e'l4DOre4eOD4.WU.D4a4se'0.9 a It is further ordered, adjudged, and decreed that by the court that the: , description of the territory to be included within he said District shall be.0 ;as follows, to wit: Commencing at a point which is the West a corner of Section 18, T 5_X,- ! fit 67 W of the 6th Principal Meridian, the same being the South boundary line # of the Windsor Fire Protection District; thence Easterly along the i section line of Section 18, T 5 ST,. R 67 W, to a point on the N -S boundary line sepa- 0 , rating Section 18 from Section 17, T�5 N, R 67 W; thence Southerly along said e section line to a point being the corner common to Sections 17, 18,. 19 and 26,0 e T,5 N,, R 67 W; thence Easterly along the section line 5 miles to a point be= �• 0 ing the corner common to Sections 13 and 24, T.5 N, R 67 W, and Sections 18 0° and 19, Tr 5 L. R 66 W; thence Southerly along the section line 3 miles to a e point being the corner.common to Sections 36, T5 N, It 67 W, Section 1, T 4 ON, R 67 W, Section 31, T_,..5_,N, R 66 W and Section 6, .A. N, R 66 W; thence O $Westerly alone the section line 2 miles to a point being the corner common to# 0 Sections 34 and 35 T 5 N R. 67 W . and Sections 2 and .3 . : thence e4e40000.0404040dD4ea0404de404Db04,04Do.000404D404D4D9Po40o.0o.Do D•o•G4g •.._ _._. _... SHEET' NO THE WELD COUNTY ABSTRACT AND INVESTMENT COMPANY. GREELEY. COLO. et.rteoG6:6C4eL1e^b'J4e4e'60'de't•6'69^CreRvetse'69419'6e'IC'0'69'iY94.5Oel4'eit Q'deSQiYe ta•e !Southerly along the section line 5 miles to a point being the corner common tot !Sections 26, 27, 34 and 35, V 4 N, R 67 W; thence Westerly along the section. 0 !line 1 mile to a point being the corner -common to Sections 27, 281 33 and 34, aT 4 N, R 67 W' thence Southerly along the section line li miles to a pointbe-e an Sthe East * corner of Section 4, T.3 N, R 67 W; thence Westerly along the £ 01 section line to a oint being the center of Section 4, T._.,N., R 67 W; thencep e ;Southerly along the i section line to the South * corner of said. Section 4, e ,eT 3 N, R 67 W; thence Westerly along the section line i mile to a point being e. !the corner common to Sections 4, 5, 8 and 9, T 3 N, R 67 W; thence Southerly $along the section line z mile to a point being the East coiner of Section 8,e IT 3 N .R 67 W; thence Westerly along the i section line to a point being the i !West thence Northerly along the section ! N, corner of Section 8, T 3 N, R 67 W; . cline �E mile to a point being the corner common to. Sections 5,: 6 _ and 8, T 3 e IN, R 67 W; thence Westerly 1imiles to a point being the South *.7 corner, Sec- ! dtion 1, T 3 N, R 68 .1, thence Northerly along the z section line 2. miles to a db:pcs '6o�i44oOt' ie.e.e'deeeeee.,e'deoe4eoe4e4e'de-c'e•c'e4e2+e me-be'de4eoe+O OdfloCO @3 point being the.North corner of Section 36, T 4 N, R 68 W; thence Westerly .. •lli miles along the section line to a point being the NW corner of'Section 35, . 7T 4 N, R 68 W, being also the center line of State Highway #185, and the ®Eastern boundary line of the Berthoud Fire PrtioneDist;thence cecNortherl .,lly along the section line 5 miles to a prenoteccorner d '°!T 4 N, R 68 W; thence Easterly along the section line to a point where the LN-S West section line of Section 31, T 5 N, R 67 W intersects the E -W 9 North d .!section line of Section 1, T 4 N, R 68 W; thence Northerly along the section e dline 3i miles to the West't corner of said Section 18, T 5 N, R 67 W, the ;point of beginning; all lying in the County of Weld, State of Colorado. excepting therefrom the real and personal property of.the following a d !owners situated in said District, to -wit:, a 1. Great Western Sugar Company a a P 2. Colorado Central Power Company d ! 3. Public Service Company of Colorado 9. 0 4. Colorado Condensed Milk Company (over) d 806494.^JO9494B4Bd44G40QreOCt,-rb a0..4Qda4®U..40.GO.a.m..0 64 rawG'6414La0.e T 5. The Denver Elevators d .6.. National Alfalfa Dehydrating and. Milling Company . _ e 7. Great Western Railroad Company 0 S. Union Pacific Railroad Company a !insofar as any tract or parcel of real estate is used for manufacturing, min - ?ping, railroad or industrial purposes and including in said exception all per-, Isonal property situated upon said tract or parcel of real estate. ! IT IS FURTHER ORDERED, ADJUDGED AND DECREED; that the first Board of Directors shall consist of JAMES P. TEAL, to hold office until the first bi- 4 eeniial election; ED C. MILLER to hold office until two years after the first d ®biennial election; ELMER L. SHULTZ, to hold office until two yearsafter the 1 !first biennial election; VERNON PURVIS., to hold officeluuntiilifur yeuntil arsfafter !the first biennial election; HAROLD W. ANDERSON,I . ' :years after the first biennial election. That the members of the Board shall qualify by filing with the clerk of !this court their oaths of office and corporate surety bonds at the expense of 646494..6c190949494909094GOd90900-1 Gb90-64GdG4G494G096909dQO..4949094.• THE WELD COUNTY ABSTRACT AND INVESTMENT COMPANY. GREELEY. COLO. SHEET NO POee de 6e Oe49beb0 o0000eVDOe0e0ebeme6e Optse�ebeOebOdm dC�eOeO}bs !the District in the amount of $1,000.00 for each of four members, but in the ()Ar amount of $5,000.00 for the member who is elected Treasurer of the District, e. the form of which bond shall be as follows: P ) "KNOW ALL MEN BY THESE PRESENTS, that we, , of the County of !Weld, and State of Colorado, as principal, and , a corporation ;organized under the laws of with its home office in , as Q ()surety, are held and firmly bound unto the people of the State of Colorado in! !the penal sum of $1,000.00, current money of the United States, which payment; ;well and truly to be made and performed, we and each of us do hereby bind our -Q._ )selves and our heirs, executors, administrators, successors and assigns, jointly, severally and firmly by these presents. ! -The condition of this obligation is such that if the above bounden' Q , as Director of the JOHNSTOWN FIRE PROTECTION DISTRICT 0 !shall faithfully perform and. discharge the duties of such office as provided :by law, then this obligation shall be void, otherwise to remain in full force ete•oe oe-oeae-oe-o0ea t,e4e-oeee ereoeoeoetse teoeoeoeoe c+o oeoeo atrc.poa cama<a.Gooacq .Band effect. • WITNESS our hands and seals this day of , 1952. ' (Seal) 0 Principal (Seal) of , Surety P by Attorney in Fact B IT IS FURTHER ORDERED that the clerk of this court shall within thirty 01 (30) days from this date, transmit to the County Clerk and Recorder in Weld *County, Colorado, a copy of these findings and Decree. Done in. Open Court this 27th day of June, 1952. • BY THE COURT: e' Claude C. Coffin, Judge ATTEST: TRUE COPY a (over) +H4GO.G4G444iOP46d�000�4�d�0p9.�4O4®40OD0Q4��1�4pU.p4D4fD4Q14pO. W 00�eE1dD4 Y-0 Dated June 27-1952 A. J. Luther, Clerk of District Court Weld County, Colorado By B. A. Shafer, Deputy (Official Seal) u Filed'in the office of the County Clerk and Recorder of Weld County, $ Colorado on July 7, 1952, at 1:30 o'clock P. M,, 9 P ) 3 G6G4 G<iG@04G4G400004)0 gdOOrOD40004G4AOC4CO.C4pOrp4p044Gd4/4D6GOppQatar ej THE WELD COUNTY ABSTRACT AND INVESTMENT COMPANY. GREELer-COLD. 6o-ee�eab eeatrombe-ee-oeesm®mroebe4�eeeAc.mbebebmoe-oe tfle�eebne beb0'0 gap. ;STATE OF COLORADO ) :COUNTY OF WELD ) PIN THE MATTER OF THE ORGANIZATION : #OF THE MILLIKEN FIRE PROTECTION FINDINGS OF FACT AND DECREE :DISTRICT SS • No.1407110 !j IN TH2 DISTRICT COURT Renee -des! es! 4/if/63 Beck 1 4S eeoth'ow 140711° Q e. ...... No. 15512 I le I Q ' i This cause coming on for hearing on the 25th day of April, 1963 and the' Petitioners ap pearing ppearing by John S. Hough, their Attorney, and no one appearing protesting against the creation of the proposed District and no Petition or I OePetitions having been filed herein protesting against the creation of the e proposed District, the matter having been set for hearing on this date, and fl it appearing to the Court, and the Court so finds, that due and sufficient . el .e4e0.e4eebe0.eOe.e..0e eeM4ee.e44eoee..eeeee eeveee. e.a..eoao e4eoGoeoe0Wca GOGOCoe4:0 P• Notice as provided by law and the Order of this Court has been given by -..- .e ;publication of the pendency of the Petition and of the time and place of • #hearing thereon, and the Court having examined said Petition and having e -theard the evidence and argument of counsel and being now sufficiently .@ advised in the premises, e DOTH FIND: That the said Petition is in.the proper form and has been. • e :%duly signed by the requisite number of taxpaying electors of said District; and presented in conformity with Article 6 o Chapter 89, Colorado Revised Q #Statutes, 1953, as amended; that the allegations of said Petition are true e 2 land that no protesting Petition has been filed; that no owner of properties 0 :situated within the District used for manufacturing, railroad or industrial Q purposes having an assessed valuation in excess of $25,000.00 filed.a e lwritten.consent to beincluded and all should be excluded therefrom; ® That the description of the District to. be organized as deseris,ed in P #the Petition herein, is as follows: # @ Beginning at the Northwest corner of Section 8, T. 5N.,- R. SSW. of the @ erne etirt•ewe-cro ae,0a ebeoebeba,Oneoe-oete-oe-te+oe^®abebeeoaoe-oe-b.eoeoe4b.ens. p6th P.M.; Weld County, Colorado, thence South 2 miles to the Southwest corner r Qof Sectien 17, T. 5N., R. 66W; thence West 1 mile to the Northwest corner eof Seetict 19, T. 5N., R. 66W.; the ce South -3 miles to the Southwest corner a :of See ioe 31, T. 5N., R. 66W;.thence West 2 miles to the'Northwest corner Qof Seation 2, T. 4N. R. 67W.; -thence South li miles to the Southwest corner :%of the I& of the NW*, Section 11, T. 411., R.67W.; thence East mile to the Septa ;,ye,, corner of the Ni94 of the NW*, Section 11,, Ti. 4N.R. 67W; thence 0Sonth i mile to the Southwest corner of the_SEa of_ he NWy,, Section 11, T. 4N.;# oR. 67a.9; thence East along the 2 sec„=on line 3/4 mile to theEastline of # I%Section 11, T. 4N., R. 67W; thence South mile to the Southeast corner of Septiou..fl , T. 4N., R. 67W; thence West 1 mile to the Northwest corner of b ;section 14, T. 4N., R. 67 W; thence South 3 miles, more or less,to the center of the St. Vrain River; thenceNortheasterly along the center line of e :the St. Vrain River to a point where said center line. intersects the North-. Q ;south -centerline Section 35, T. 5N., R.'66W; thence North along the half- Jsection line l rnileS, more or less, to the North 1 corner of Section 26,..T. T o"0B0G4GSiCiGACOre4B49Cf®49Cr®'+u1.G'0p4ede4eme0GQeti�.e40�9.e0W4e4e4G4Wl1C tY@CYGO@ THE WELD COUNTY ABSTRACT AND INVESTMENT COMPANY, GREELEY, COLO.' SHEET NO. ®o.oeco-vmmeaeeme.eoeoeomoe os eemom mceoeseeeemeeseftmee 5N., R: 66W.; thence West mile to the Northwest corner of Section 26, T. 5N. R. 66W; thence North 1 mile to the Northeast corner of Section'22e T. 5N., R. e66W; thence West 1 mile to the Northwest corner of Section 22, T. 5N., R. 66W. !thence North 2 miles to the Northeast corner of Section 9, T. 5N., R. BOW; thence West 2'miles to the. Northwest corner of Section 8, T. 5N., R. 66W., !the point of beginning; EXCEPTING THEREFROM THE FOLLOWING: £ 1. Any.lands or property situatedwithin the boundaries of the Johnstown -!Fire Protection District or the Platteville Fire Protection District, the £Windsor Fire Protection District and the LaSalle Fire Protection District; 4 # 2. All real estate used•for mining, railroads, or manufacturing located !within the limits of said district hereinabove described, which, together ;with the buildings, improvements, machinery and equipment thereon situated, °shall have an•assessed valuation in excess of $25,000.00 at the date of filing of this Petition. I eo.eog .aaceso.e0...ese eeseeeo.a. eeneweeeeeeee a �4srecareee F 0 DECREZ g IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that the MILLIEEN FIRE I OPROTECTION DISTRICT be, and the same is hereby declared to beduly organized, I £and the same shall be a governmental subdivision of the State of Colorado @@and a body corporate with all the powers of a public or quasi -municipal `I •!corporation. a £ It, is further ordered, adjudged and decreed by the Court that the. de - •5= ascription of the boundaries of territory to be'included within the said e Milliken Fire Protection District shall be as follows, to -wit: Beginning at the Northwest corner of Section 8, T. 5N., R. 66W. of the I 46th P.M.; Weld County, Colorado, thence South 2 miles to the Southwest corner 6 £of Section 17, T. 5N., R. 66W; thence West 1 mile to,.the Northwest corner of Section 19, T. 5N., R. 66W.; thence South 3 miles to the Southwest corner of '' !Section 31,.T. 5TJ., R.66W; thence West 2 miles to the Northwest corner of e Ds emsase- e-eve-tc.e-oeasemeoous4em�� e.o ereeeeee+ane,we-to ee�o ees-e-o.eo,eoaw soo ea` tateCt;;,CM 7, T 4N. R. 67W.; thence South 11 miles to the Southwest corner of ; Q.:fie AWj of the Net, Section 11, T. 4N., R.'6'W.; thence East * mil to the ;Son h sg ,.leaner of the NWj' of the NWie Section 11 T. 4N., R; 67W; thence s e5tn ti #t mile to tho Southwest corner of the SE of the NWl, Section 11_, T. 4N. hence East along the i section line 3/4 mile to the East line of 0 "1, 2'. 4iN. , R. 67W; thence South f mile to the Southeast corner of ill T. 4N., R. 67W; thence West 1 mile to the Northwest corner of a 14, T. 4N., R. 67W; thence South 3 miles, more or less, to the center e Vela River; thence Northeasterly along the center line of the ver to a point where said center line intersects the North -South, ee Section 35, T. 5N.,'B. 66We.. thence North along the half -section d es, more or less, to the North le corner of Section 26, T. 5E, R. 9 e West i mile to the Northwest corner of Section 26; T. 5N.-, R; . A North 1 mile to the _ Northeast corner of Section.22, T. 5N., R. West 1 mile to the Northwest corner of Section 22, T. 5N., R. 66W;d a thence OR. 8Th; £Sect_' e..;s eSecticrs , £Section dof the .'.. ;St, air3' £1ims ;66W.; the e66W; thenc 066W; them Y sSsflmQ iF3 3 adeoeeCiQ4ectneceeeseese0os0%/O.e4aO.e l0.7j.'t aetea , acreees4eOe-are4eeeg THE WELD COUNTY ABSTRACT ANO INVESTMENT COMPANY. GREELEY, COLO. SHEET NO •'®'um^r .. lie.e... .e chmom'6e.oaO�Oe'eabebmem'6m40Ataz e' ,flee vriefl oe o Do! !thence North 2 miles to the Northeast corner of Section 9,_T. 5N., R. 66W; •thence West 2 miles to the Northwest corner of Section 8, T. 5N., R. 66W., !the point of beginning; EXCEPTING THEREFROM THE FOLLOWING: Q . 1. Any lands or property situated within the boundaries of the Johnstown !Fire Protection District or the Platteville Fire Protection District, the ;Windsor Fire Protection District and the LaSalle Fire Protection District; V 2..All real estate used for mining;:railroads, or manufacturing located. !within the limits of said district hereinabove described, which, together ;with ' the buildings, improvements, machinery and equipment thereon situated, #shall have an assessed valuation in excess of $25,000;00 at the date of !filing of the Petition. 7 • It is further ordered, adjudged and decreed, that the first Board of Directors of said District shall consist of HARRY WIEDEMAN to hold office ! until the first biennial election; JAMES R. WILLIAMS and OTHEL WAGGONER, to Tohold office until two years after the first biennial election; K. J. HEADLEY ®4.4.4.4.O..4.4..6.O.•4Q'Wirclbezacat W'6.4.Og4.•0.•4.4.4••0.C4.O.•4.4.4Gd14 ®and JOHN BAMME_R?ELL, to.hold office until four years after.the first biennial !election. d That the members of the Board shall qualify by filing with the Clerk of ?this Court their Oaths of Office and corporate surety bonds inthe amount of g$l,000.00 for each of four members, but in the amount of $5,000.00 for the dmember who is elected Treasurer of the District, such bonds conditioned upon he faithful performance and discharge of the duties of their offices. . It is further ordered that the Clerk of this Court shall, within 30 days S Ofrom this date, transmit to the County Clerk and Recorder in the County of '!Weld a copy of these Findings and Decree.. e ? DONE IN OPEN COURT this 25th day of April., 1963, BY THE COURT: . ATTEST: TRUE COPY (Signed) Donald A. Carpenter d Dated 4-25-63 Judge d (Signed) Robert W. Rhodes, Clerk of District Court E e Weld County, Colorado E (oOfficial Seal e.oeooemce-estma>e� er de-c.emeeAttem�.o eeeseAnewit,eve.oemecetsavo.a.o4. T Filed in the office of the County Clerk and Recorder, Weld County, V Colorado April 29, 1963 at 8:25 A.M. .0.41.4Q04®4.4.0..094.0..4••a.4fr4Q4®OQD.Q" Q40)4,Y.'afR'ae.4!aciac .Q....zir ..-Ettis ..41 o` g N r IN Racrdcd u 7')/ o'clock V M MAY 2 3 197L Rec. He. •G:31:195 S. Lei- Nw, Jr., Recorder 'c -f THE DISTRICT COURT IN AND FOR - THE COUNTY OF WELD AND STATE OFCOLORADO, Civ Action No. 25044 IN Rh THE ORGANISATION OF ) WESTERN HILLS FIRE PRO- ) TECTION DiSTPICT, WELD COUNTY, COLORADO organization of a fire protection district, pursuant to, the provisions of Chapter 89, Article 6, Colorado Revised Statutes 1963, as.amended, to be known as "Western Hills Fire Protection District".., in Weld County, Colorador and it appearing that the Petition for the organization of such District was duly signed by not less than fifty of the taxpaying electors of the proposed .. ORDER AND DECREE CREATING DISTRICT THIS NATTER having been heard on a Petition for the District, in conformity with said law as determined by the tax rolls and records as maintained'in the office of the County Treasurer of the County of Weld and State of Colorado, that .such Petition was duly presented and filed, that the allegations of the Petition are true and that a Cash Bond was duly filed with the Court sufficient to pay all expenses connected with the pro- ceedings in the event that the organization of the District was not effected; And it further appearing that Notice of Hearing oh Petition was duly published in the a newspaper of general circulation the period required by law; afa t. II in the proposed District, fdr ,And it further appearing that no petitions for exclusion from the proposed District were made or filed; And it further appearing that no protesting petition concerning the organization of the District has been filed;. And it further appearing that there are no questions of jurisdiction for the Court to adjudicate; 6/2001 16:40 tl ftl-boo-oco (—) 0 WINDSOR SEVERANCE FIRE PROTECTION DISTRICT SERVICE PLAN The Wi.ndaor Severance Fire Protection District was organized in 1950 to provide Fire Protection for a large rural area, includ- ing the towns of Windsor and Severance. In early 1962 a nearby area West of Windsor was included in the District bring the total to 110 Square miles. The District now serves 7,000 residents and is growing rapidly. Future planning of services has been an im- portant issue. Currently no bond issue has been obtained, during the years of existence. The District started with a 1941 International pumper donated by the City of Windsor and in 19$1 a Ford Howe Pumper was added. In 1975 a Super -Vac lighting -rescue equipment truck was purchased. In 1970 a 3,000 gallon tanker replaced a 1950 vehicle and in 1971 a 1,000 GPM pumper was added. The latest addition to the fire fighting fleet is a 1983 1750 GPM pumper. As e the n tr6d Withtad, whtxuc1tdonatedrict entered theinto volunteers. In $erYi-Ce, in 1967, with a ne 1981 the District purchased a Cayel-Craft rescue vehicle fully equiped for basic life support. The First Aid, Rescue Service is staffed by ten EMT's with seven First Responders, and the�remaining members are trained to support the service. Ambulances Prom Greeley. Fort Collins, and Loveland respond for Advance Life Support, making Ambulance Service to hospitals, by the District, seldom neoeseaxy. The Colorado State Patrolfrequently request the Districts lighting truck for accidents which occur at night. In 1969, underwater rescue and recovery was formed in the Dep- agtment. Today six of the nine certified divers can be fully suited and put into the water at one time. Thirty-three members make up the all volunteer staff. Training is conducted two to three times per month, depending athe of upkeep and maintenance required on buildings and equipment. Many members attend Seminars, Fire Schools and classes offered by Ames College and other organisations around the State, to keep up with the latest'teehnology, to continue to offer top quality service. Many hours are spent on Public Education. Activities including evacuation drills, Fire Extinguisher classes, CPR anduFiind rst Aid g Homes, and Fire related topics are offered in Schools, and private groups. Building inspecttise onad elconducted computer 1e being placed on a recently p� Special emphasis has been placed on working with planners in'', the Cities.an& rural areas in Weld and Larimer counties that the District covers. Water layouts with proper sizing, :flows and hydrants are considered as well as .functional access to the properties. In 1984 the Insurance Service Office up -graded the fire rating of the District and the Town of Windsor from an S to a 6. 'Ernest W. Tigges President 0 Weld iounty Comhissionors .915 10th St., Oreeley, Viola. 80631 To wham it may .concern' Following the May 8th, 1986 election of directors for the Windsor Severance Fire Protection District, a special meeting was held on May 14, to reorganize the board. The list of the positions is as follows. President Jerry Schneider let Vice Pres. Roy Schneider Secretary Tom Morey Treasurer Norman L. Johnson 2nd Vice Pres. Ted H. Starck The contact person will be Jerry Schneider at 35205 Hwy. 257 Windsor, Colo. 80550. Phone 686-2381. The District mailing address is Box 308, Windsor, Colorado 80550. The Service Plan for the District remains unchanged except for the addition of a boat for. rescue use. There is no change it the current map of the District. Regular monthly meetings will be held on the second Thursday of each Month at 8'00 P.M. Jerry Schneider Pres. O COUNTY HEALTH. DEPMRTM ENT.',: 4CENSE dot ptk94gyArtAAVANdL§ERVidi - CIS LICENSt p on,t.vDEC€MBER I9'8 Of‘*0041$1 Af0OL"ANCE SER eE11N WELD N*�1CCORDA��C�WITFU"FaX I571J,NG�W R?D�4�UNTYFRI�1�ESkA�DtREGUTAT�ON5 w �,: WN0TTRAhSFERA6LE$` POST)N. ACON$P,IC000SIPL•'A LD COUNTY HEAUTH�'DEI ARTMEPJT `+ LfiCEN5E Tb OYERAT6AMBULANCESERVKE WtOPy+ERATiExANPrAADLANCE SERVICE INWEL �ELDiC0.UN RUL6SWJD REGIJ&g& `IONS WALLACE H. GRANT DANIEL F. BERNARD RICHARD N. LYONS LISA K. SHIMEL• JEFFREY J. KAHN SUZAN D. FRITCHEL OF COUNSEL WILLIAM J. MCCARREN GRANT, BERNARD & LYONS •- ATTORNEYS AT LAW 515 KIMBARK STREET POST OFFICE BOX 97B LONOMONT, COLORADO BO5O8-0978 May 21, 1986 Mr. Robert Onorato Milliken Fire Protection District Post Office Box 41 Milliken, Colorado 80543 Re: Statement of Purpose Dear Mr. Onorato: HOWARD GRANT 11906-19861 -- I JOHN S. HOUGH 11916-19791 LONGMONT 13031 776-9900 DENVER METRO 13031 B71-5506 Enclosed please find a draft I have prepared for the District of the Statement of Purpose. As you know, this is required by State statute. Please review this document carefully and complete any sections that are applicable to your District. I would also welcome any additions to or corrections of any of the other paragraphs. In particular, I would request your help in defining the District service area and its potential for growth. Upon its return to me, I will have the document finalized - for presentation at the June meeting. If you have any questions where I may be of any assistance to you, please contact me at the letterhead telephone number. Sincerely, Suzan D. Fritchel SDF:ls MFPD-MIS/L.Ono LSD1 Enclosure DRAFT STATEMENT OF PURPOSE OF THE MILLIKEN FIRE PROTECTION DISTRICT 1. RECITALS. Section 32-1-208 C.R.S. requires each special district which was formed prior to the enactment of Section 32-1-201 C.R.S. to submit on or before July 1, 1986, a Statement of Purpose to the applica- ble county or counties inwhich the district lies. The Milliken Fire Protection District was formed by Order and decree of the Weld County District Court on April 25, 1963, Case No. 55112. At the time of organization, the "service plan" requirement had not been enacted. Accordingly, this Statement of Purpose is submitted in accordance with Section 32-1-208 C.R.S. 2. GENERAL STATEMENT OF PURPOSE. The Milliken Fire Protection District (MFPD) was organized pursuant to Section 32-1-101 et seq., C.R.S.,as a special district for the purpose of providing fire protection and related services to its residents and taxpayers and the public in general. By law, it is empowered to provide firefighting services, fire prevention services and inspections, ambulance services, emergency medical services, rescue services, and diving and grappling services. It is governed by a five —member board of directors elected by the qualified voters of the District. 3. SERVICES AND IFACILITIES PROVIDED. The MFPD provides the following services and facilities: 3.1 Fire Protection Services. ' 3.1.1 Station. 3.1.2 Station. 3.2 Fire Prevention Services. 3.3 Ambulance Services. 3.4 Emergency Medical Services. 3.5 Rescue Unit. 3.6 Diving and Grappling Services. 4. AREA SERVED. The MFPD serves, an area lying generally in the . portion of Weld County including the unincorporated areas of and the rural areas to the south of the City of Greeley. A current map of the District's boundaries is attached hereto as Exhibit A and is incorporated herein by 'reference. Exclusions and inclusions may be effected as provided by law. 5. MUTUAL AID AGREEMENTS. The MFPD has mutual aid agreements, providing for back-up and/or first response, with the following entities: 2 %) 6. FUTURE SERVICES. It is anticipated that development and growth will continue in the Town of Milliken and the District will expand with that growth. The northeast portion of the District currently extends to the edge of the City of Greeley, and it is anticipated that there will be significant growth in that area. It is foreseeable that the District will meet the demand for services by expanding its crews of paid and volunteer firefighters, constructing additional stations, acquiring additional equipment, and creating ambulance, rescue and diving units. Financing will be at the discretion of the Board of Directors and may include bond issuance and other general obligations of the District as provided by statute. SDF:bs MFPD MFPD-MIS 052086 3 WINDSOR -SEVERANCE FIRE RESCUE iohnstown Oppose Code Ordinance #2012-15 Proposed Modifications to the Emergency Medical Services Ordinance The Boards and Fire Chiefs of the Windsor -Severance, Johnstown, and Milliken Fire Protection Districts urge you to oppose Code Ordinance #2012-15. Ordinance Summary Code Ordinance #2012-15 fundamentally alters the relationship between Weld County and the Fire Protection Districts that serve many of its citizens by prohibiting the Districts from contracting for ambulance services that best meet each District's needs. As a consequence, the amendment undermines Weld County's commitment to provide timely responses to all of its citizens who need emergency medical services. Facts The Windsor -Severance, Johnstown, and Milliken Fire Protection Districts have each served the citizens of Weld County for at least 40 years. The Fire Chiefs and first responders from these Districts know all too well the challenge of serving urban, suburban, and rural communities spread across the third largest county in Colorado. Chapter 7 of the Weld County Code has long recognized the authority of each District to independently contract for ambulance services from licensed providers, so that each District can assure a timely emergency response to those in need. Code Ordinance #2012-15 would alter this longstanding and successful intergovernmental relationship by imposing an unprecedented three -tiered ambulance and primary care licensing scheme that conflicts with both State statutes and Colorado Department of Public Health & Environment regulations. • Under the existing ordinance, the County may license an ambulance service that provides emergency care in Weld County through a contract or agreement, regardless of whether that agreement is directly with the County. • The existing ordinance therefore recognizes that Fire Protection Districts are authorized to contract for their own basic or advanced life support ambulance services, and may select providers that do not contract with Weld County. • The proposed amendment would change this longstanding system by requiring Fire Protection Districts to accept ambulance services from only those providers that contract directly with Weld County. • Currently, Weld County contracts exclusively with one ambulance service. That service has acknowledged that it cannot meet each District's need to significantly improve response times without drastically increasing the cost of emergency services. • As a consequence, the amended ordinance would deprive the Fire Protection Districts that serve Weld County from exercising their statutory authority to operate their own ambulance services using the licensed providers they deem best suited to their communities' specific needs. • The proposed ordinance also unnecessarily complicates, and politicizes, the ambulance licensing process by creating a three -tiered system that runs contrary to CDPHE regulations. • The current ordinance, as required by Section 4 of CDPHE's ambulance rules, assumes that an ambulance that meets either the basic or the advanced life safety requirements will be permitted for that level of service. • The current ordinance then assumes, as the rule requires, that the service operating that ambulance will receive a license reflecting the level of service — either basic life support or advanced life support — for which its ambulance was permitted. • The amended ordinance would discard this two -level system, replacing it with a three -tiered system that would grant a full, advanced life support ambulance license only to the one service with which the County opts to directly contract. • The amendment would also move the permitting and licensing process, which is intended to turn on technical, emergency response requirements, from the Department of Public Health to the Board of County Commissioners. Such a move will do nothing to better ensure high quality emergency medical services to all citizens of Weld County, and risks politicizing a technical oversight process conducted by competent professionals. The Windsor -Severance, Johnstown, and Milliken Fire Protection Districts therefore urge you to vote "NO" on Code Ordinance #2012-15. For more information, please contact: Chief Herb Brady: (970) 686-2626; hbrady@wsfr.us Chief Ron Bateman: (970) - ; ronald.e.bateman@gmail.com Richard N. Lyons, II Jeffrey J. Kahn John Wade Gaddis &adley A. Hall Steven P. Jeffers Anton V. Dworak Adele L Rccrtcr Catherine A Tallerco Scott E Holwick Lyons Gaddis Kahn 6, Hall A Ikciessia al Cor„aaticn Aaccneys and Cou^seiors Buse Barker Weld County Attorney P.C. Box 758 Greeley, CO 80532 Re: Ambulance Issues Dear Bruce: January 7, 2O13 via a+mall: bharkera'co.wold.co.us Eve I. Canfield Mathew Machado Madollne Wallace -Gross Chad A. Kopper Daniel F. Bernard 0941201U This firm represents the Windsor -Severance Fire Protection District, Milliken Fire Protection District. and Johnstown Fire Protection District —alt Title 32 special districts. All three Districts provide emergency medical services ("EMS") to patients at emergency and medical incidents occurring within their respective boundaries. tf a patient requires transport to a hospital facility, Banner Health d/b/a North Colorado Medical Center ("Banner) has been providing such services subsequent to its purchase of Weld County's ambulance assets last summer. However, because of the Districts' joint dissatisfaction with the timeliness of ambulance service within their Districts over the past few years (prerooing Danner's acquisition of assets from Weld County), I prepared an outline of a "term sheet" for the fire chiefs to utilize in discussing ambulance service with prospective presiders. In addition, before meeting with any service, the Districts concurred that any provider must assure: • Clinical excellence • Rulabilily of response times • Economic efficiency, and • Customer satsfaction. The Districts met with Banner to discuss service prior to contacting other service providers after the Districts had reviewed the agreement between the City of Greeley end Banner that detailed levels of service issues. After meeting with Banner, the Districts received a written proposal from Banner regarding traditional ambulance amnion within the respective Districts. The proposal did not meet with the three Districts' expectations regarding public health, safety. and welfare for their Districts due to the lack of personnel and equipment. The proposal did not adequately address the lengthy response times within the Districts. These response times were generally in the upper end of the national standards even for rural areas. Accordingly, the three Districts continued their review of alternative solutions to their need for meeting the four factors of clinical excellence, response reliability, efficiency, and �ustenier satisfaction. i EXHIBIT Di2J)2OIL• ItS1 515 Kimbark Street • Second Floor • P.O. Box 978 - Longnonc CO 80502.0978 Phone: 303-776-9900 • Fax 303-7769100 • www.igkhlaw.com Lyons Gaddis Kahn & Hall A Professional Corporation C'� Attorneys and Counselors Bruce Barker January 7, 2013 Page 2 The three Districts met with representatives of Poudre Valley Health Care, Inc., d/b/a Poudre Valley Hospital ("Poudre") regarding ambulance service. Their discussions led to an exciting and un- traditional proposal from Poudre after discussions ranged from the formation of North Front Range ambulance authority to various forms of public -private partnerships to provide efficiency and excellence in both EMS and transport services, and to prepare for future changes under the Patient Protection and Affordable Care Act regarding the provision of all health services. The Poudre proposal contained these critical componentst: • Poudre and the Districts would work together to establish three zones for each district: urban, suburban, and rural. Poudre and the Districts, through their cooperative efforts, could then meet or exceed the nationally recognized response standards for each of the three areas. • Poudre would donate 4 ambulances to the three Districts which would own, station, maintain, and replace as needed, their respective ambulances within their respective Districts with backup ambulance service provided directly by Poudre from its nearby Weld County facility. • Poudre would imbed its highly trained and credentialed employees in the Districts' respective central stations. These Poudre employees would jointly train with District personnel to insure smooth delivery of EMS and transport services at the scene of an incident. The Districts would provide living quarters for these Poudre employees within the Districts' stations: The Poudre staff would remain as employees of Poudre as an independent contractor providing drivers and paramedics for the District's ambulances instead of District employees performing such functions. • Poudre would retain its own general liability insurance for its employees and all applicable workers' compensation and other standard coverage. • Poudre would pay each district $1.00 per traveled mile by that district's ambulance(s) to allow the Districts to build maintenance and depreciation reserve and it would initially provide free maintenance services for the donated ambulances for the remainder of 2013. • Poudre would provide all consumable EMS supplies at no cost to the Districts. • As compensation for providing the imbedded staff to operate the Districts' ambulances, Poudre would retain all ambulance billings. The Districts concurred that this proposal was an exciting new model, cooperative, cost-efficient to the taxpayers, and more importantly, for the first time in the history of ambulance service within the three Districts, the response times to an injured or ill patient would meet national response In the interests of brevity, I won't list the other ancillary services that Poudre will bring to each district, including state of the art equipment, cross -training, and the potential for community paramedic programs. Lyons Gaddis Kahn & Hall A Professional Corporation �� Attorneys and Counselors Bruce Barker January 7, 2013 Page 3 standards. The proposal also met the other three factors. Accordingly, the elected boards of the three Districts agreed to proceed with the signing of a letter of intent with Poudre. Subsequent to signing the LOI, it is my understanding that the Board of County Commissioners of Weld County ("BOCC") denied Poudre's application for a permit to operate within Weld County. In our telephone conversation, you mentioned the exclusive agreement that Weld County has with Banner in which Weld County agrees to not dispatch any other ambulance service but Banner within all of Weld County but excluding the southwestern corner (which is served by two Title 32 fire districts that provide their own ambulance service). In addition, it is my understanding that the BOCC has made statements on the record that the districts lack the authority to enter into ambulance contracts because their service plans do not so provide, and that Weld County has superior legal authority to preclude the Districts from entering into any contract for services other than with Banner. I will not address herein the very important and overriding public policy issues of the BOCC insisting that my clients accept slower response times for its citizens and barring any innovative cooperative models that best meet the needs of the public's health, safety and welfare. Instead, I would like to address the legal issues regarding the Districts' authority vis a vis that of the BOCC. Districts Are Legally Authorized To Provide Ambulance Services. First, the three Districts do not have service plans. The statutory requirement for county approved service plans for special districts was not established until the mid 1970's. All three Districts were formed well before (Windsor in 1950; Johnstown in 1.952; and Milliken in 1963). All three of the court decrees of formation simply state that the Districts are declared to be organized as governmental subdivisions of the state and bodies corporate with all of the powers of a public quasi - municipal corporation. Thus, their powers derive from state statutes. Section 32-1-103 (7), C.R.S., defines "fire protection district" as a special district that "provides protection against fire by any available means and which may supply ambulance and emergency medical and rescue services." (emphasis added). Section 32-1-1001, C.R.S., explains that, on behalf of a district, the board of directors has the legal authority to retain agents, to enter into contracts and agreements regarding the affairs of the district, to have the management, control, and supervision of the business and affairs of the district, and to "have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted to special districts." More importantly, that statute explains that such specific powers are not to be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of Title 32. Section 32-1-1002 (c), C.R.S., then expressly states that the board of a fire protection district has the power "to undertake and to operate as a part of the duties of the fire protection district an ambulance service, an emergency medical service, a rescue unit, and a diving and grappling service." Lyons Gaddis Kahn S Hall A Professional Corporation ( Attorneys and Counselors Bruce Barker January 7, 2013 Page 4 All three Districts reserved their statutory authority to provide ambulance services. Because the Districts were formed before the service plan requirement, the Districts fell within the requirements of Section 32-1-208, C.R.S., with respect to the filing of statements of purpose. Milliken Fire filed its detailed statement of purpose2 with Weld County in May, 1986 which expressly reserved its statutory authority by stating: "It is foreseeab/e that the District will meet the demand for services by expanding its crews of paid and volunteer firefighters, constructing additional stations, acquiring additional equipment, and creating ambulance, rescue and diving units." Windsor -Severance Fire filed a non -legally drafted statement of purpose that it erroneously entitled as a Service Plan. In it, the District stated that it utilized ambulance services by outside providers "making ambulance services by the District seldom necessary but Weld County nevertheless issued ambulance permits to the District in 1985 and 1986 pursuant to Section 25-3.5-302, C.R.S., and expressly authorized the District to operate its own ambulance services. The BOCC is stopped from now arguing that the previously issued permits did not authorize this District to operate an ambulance service. Districts, Not Poudre, Are Directly Providing Ambulance Services. The Districts are directly providing ambulance services because the Districts will own, title, insure, maintain, and replace their respective vehicles and will only utilize Poudre's as an independent contractor to supply the ambulance drivers and attendants/paramedics. In exchange for providing such contracted services to the District, Poudre will retain all fees for transport but will pay the Districts $1.00 per mile traveled. Thus, the Districts, not Poudre, are providing ambulance services within the boundaries of the three Districts. This independent contractor arrangement lessens the burdens on the Districts which would otherwise be required to hire, train, certify, and pay employees to establish 24/7 crews to man the ambulances on a round-the-clock basis. This would be a very costly venture for the Districts. The proposed contract will solve this issue at no additional cost to the taxpayers. This is a decision reached by the three elected boards as a proper exercise of their powers to determine what is in the best interests of their publics' health, safety, and welfare. I find no Colorado statute or case law that would preclude the Districts from retaining independent contractors to provide these driving/attendant/paramedic services and that would require the Districts to hire employees to perform these services. In The Alternative, Districts Have Authority To Provide Services By Contract. Even if it is conceded that the contractual arrangement is not an independent contractor arrangement for additional staff, the Districts may purchase ambulance services by contract. I 2 This firm drafted the Statement of Purpose for the District to "fill in the blanks" and deliver to Weld County. Our files have a copy of the 1986 draft that was provided to the client which filed it with Weld County. It is searching its records for a copy of the filed Statement. Lyons Gaddis Kahn (S. Hall A Professional Corporation C� Attorneys and Counselors Bruce Barker January 7, 2013 Page 5 refer you to the Colorado Supreme Court's decision in City Council of the City of Greenwood Village v. Board of Directors of South Suburban Metropolitan Recreation and Park District, 509 P. 2d. 317, at 319 (Colo. 1973), wherein that Title 32 district challenged the City's provision of services by contract as to whether the city was meeting the statute's requirement that a municipality "must provide" or agree "to provide" recreational services. Rejecting such challenge that providing the service by contract was not within the term "to provide", the Supreme Court affirmed the trial court's ruling that: "(lJt is common practice for a municipality or other governmental body to purchase services and that the statute does not require that the City itself do the furnishing of the services; it merely says it shall provide them. And if a city council chooses to provide them in the way it has here, it has the right to do so." I would argue that the term "provide" is identical in meaning to the use of the term "supply" in Sec. 32-1-103 (7), C.R.S., and thus the Districts need not directly supply ambulance drivers/attendants but may supply those services indirectly by contract for those services through Poudre, its agent, which supplies the drivers of the District's ambulances as an independent contractor. County's Powers Limited by Statute. Despite its home rule status, Section 30.15-401 (9) (a), C.R.S., limits BOCC authority over the Districts. This statute expressly provides in relevant part: "No ordinance, resolution, rule, regulation, service, function, or exercise of an authorized power... shall apply within the jurisdictional boundaries of any special district. . .nor to any special district service, function, facility, or property. . . outside the special district boundaries if such ordinance, resolution, rule, regulation, service, function, or exercise of an authorized power would duplicate or interfere with any service or facility authorized and exercised by such special district, unless the county is specifically empowered by law to exercise authority with respect thereto, or the county and the special district agree otherwise..." Thus, absent an express legislative statement that only the BOCC may provide ambulance services within its county limits, fire districts may provide ambulance service, directly or indirectly, as long as those ambulances are properly licensed under Section 25-3.5-302, C.R.S. This licensing/permitting power does not extend to denial of authority for the Districts to operate their own ambulance services. The BOCC has conceded this by allowing the Frederick -Firestone Fire Protection District and by Mountain View Fire Protection District to operate their own ambulance services within Weld County. Nevertheless, it is well established in Colorado that statutes on the same subject must be harmonized. Here, it is clear that the BOCC may regulate but not deny the Districts their right to provide ambulance services. See, Board of County Commissioners v. Hygiene Fire Protection District, 221 P.3d 1063 (Colo. 2009); Co/orado Springs v. Board of County Commissioner of Eagle County Commissioners, 893 P.2d 1105 (Colo. App. 1994) ; City and County of Denver v. Board of County Commissioners, 760 P.2d 656 (Colo. App. 1988). Lyons Gaddis Kahn & Hall A Professional Corporation C'"z'' Attorneys and Counselors Bruce Barker January 7, 2013 Page 6 I particularly call your attention to the statement by the Supreme Court in the Hygiene decision, wherein the Court explained that counties are not superior to other political subdivisions created by the General Assembly for special purposes. Hygiene, supra, 221 P.3d at 1068. It is my legal opinion that the three District elected boards are the best judges of what services and the nature of those services meet the identified four factors. Obviously, the General Assembly concurs by enacting Section 30-15-401 (9) (a), C.R.S., and granting counties only the authority to generally coordinate local services through licensing. Therefore, for these reasons, my clients will be applying for authorization under Section 25-3.5-302, C.R.S., as soon as they receive their ambulances so that the vehicles and equipment maybe safety inspected by the County. Conclusion. On behalf of my clients, I respectfully request that the legal arguments that the Districts cannot enter into an agreement with Poudre be withdrawn, that the BOCC acknowledge that fire districts may provide ambulance services directly or indirectly by contract, and that the County accept the permit application from the Districts so that the real issues of adequately addressing public health, safety, and welfare can be discussed by and among the parties to achieve the common goal of determining what is in the best interests of the residents and taxpayers of Weld County. Very truly yours, DIS KAHN & HALL, PC Richard N. Ly j' , II rlvons@Igkhlaw.com Enclosures cc w/enclosures: Milliken Fire Protection District Windsor -Severance Fire Protection District Johnstown Fire Protection District WINDSOR -SEVERANCE FIRE RESCUE Sabaatova •an •..___. aaar Oppose Code Ordinance #2012-L5 Proposed Modifications to the Emergency Medical Services Ordinance The Boards and Fire Chiefs of the Windsor -Severance, Johnstown. and Milliken Fire Protection Districts urge you to oppose Cock Ordinance 42012.15. Ordinance Summary Code Ordinance 92012-15 fundamentally alters the relationship between Weld County and the Fire Protection Districts that serve many of its citizens by prohibiting the Districts from contracting for ambulance services that best meet each District's needs. As a consequence, the amendment undermines Weld County's commitment to provide timely responses to all of its citizens who need emergency medical services. Facts The Windsor -Severance. Johnstown, and Milliken Fire Protection Districts have each served the citizens of Weld County for at least 40 years. The Fire Chief's and first responders from these Districts know all too well the challenge of serving urban, suburban, and rural communities spread across the third largest county in Colorado. Chapter 7 of' the Weld County Code has long recognized the authority of each District to independently contract for ambulance services from licensed providers, so that each District can assure a timely emergency response to those in need. Code Ordinance 42012-15 would alter this longstanding and successful intergovernmental relationship by imposing an unprecedented three -tiered ambulance and primary can licensing scheme that conflicts with both State statutes and Colorado Department of Public Ilealth & Environment regulations. ■ tinder the existing ordinance, the County may license an ambulance service that provides emergency care in Weld County through a contract or agreement, regardless of whether that agreement is directly with the County. • The existing ordinance therefore recognizes that Fire Protection Districts are authorized to contract for their own basic or advanced life support ambulance services, and may select providers that do not contract with Weld County. • 'Me proposed amendment would change this longstanding system by requiring Fire Protection Districts to accept ambulance services from only those providers that contract directly with Weld County. • Currently, Weld County contracts exclusively with one ambulance service. That service has acknowledged that it cannot meet each District's need to significantly improve response times without drastically increasing the cost of emergency services. • As a consequence, the amended ordinance would deprive the Fire Protection Districts that serve Weld County from exercising their statutory authority to operate their own ambulance services using the licensed providers they deem best suited to their communities' specific needs. • The proposed ordinance also unnecessarily complicates, and politicizes, the ambulance licensing process by creating a three -tiered system that runs contrary to CDPHE regulations. • The current ordinance, as required by Section 4 of CDPHE's ambulance rules, assumes that an ambulance that meets either the basic or the advanced life safety requirements will be permitted for that level of service. • The current ordinance then assumes, as the rule requires, that the service operating that ambulance will receive a license reflecting the level of service — either basic life support or advanced life support — for which its ambulance was permitted. • The amended ordinance would discard this two -level system, replacing it with a three -tiered system that would grant a full, advanced life support ambulance license only to the one service with which the County opts to directly contract. • The amendment would also move the permitting and licensing process, which is intended to turn on technical, emergency response requirements, from the Department of Public Health to the Board of County Commissioners. Such a move will do nothing to better ensure high quality emergency medical services to all citizens of Weld County, and risks politicizing a technical oversight process conducted by competent professionals. The Windsor -Severance, Johnstown, and Milliken Fire Protection Districts therefore urge you to vote "NO" on Code Ordinance #2012-15. For more information, please contact: Chief Herb Brady: (970) 686-2626; hbrady@wsfr.us Chief Ron Bateman: (970) - ; ronald.e.bateman6igmail.com Sec. 7-1-30. Definitions. Ambulance service license means a nonexclusive authorization issued by the Board of County Commissioners to operate an ambulance service, publicly or privately within the County, as further dcfmed in Section 7-2-10 of this Chapter. Ambulance vehicle permit means t c authorization issued by the Department with respect to an ambulance used or to be used to provide ambulance service in the County. Primary care means the initial response and care for emergency medical services, by an ambulance service whose primary base of operation is located in Weld County, or who has a contract or agreement with Weld County, a Weld County municipality, or a district operating within Weld County, to provide emergency medical services. See. 7-2-1o. License for ambulance service. No person shall provide or operate an ambulance service publicly or privately in the County unless that person holds a valid license to do so issued by the Board of County Commissioners, except as provided in Section 7-2-80 below. The fee for said license shall be set by separate ordinance. The license shall issue only in the following tiers of service: Tier 1: Liccnsurc authorizing for Primary Care. as defined in Section 7.1.30 of this Chapter. Tier II: l.icensure authorizing for transports of patients) to and from licensed medical facilities. This licensure does not provide for Primary Care. us defined in Section 7-1-30 of this Chapter. Tier 111: Licensure authorizing for Standby Service, as defined in Section 7.1.30 of this Chapter. The Board tit -County Commissioners reserves the right to amend these rules and regulations and any other individual conditions of licensing as applied to any particular license. as needed in keeping with its legislative function and in order to implement the policy of the State of Colorado that the regulation and control of ambulance licenses is in the exclusive purview of the boards of county commissioners. Persons or firms seeking application and approval of any ambulance license under this Chapter acknowledge that Weld County. a Weld County municipality, or a district operating within Weld County, may contract with specific ambulance service provider(s) which will serve their emergency ambulance. Sec. 7-2-100. Approval of application. A. After receipt of an original application for an ambulance service license or ambulance vehicle permit, or a renewal thereof, the Department shall review the application and the applicant's record and provide for an inspection of equipment and vehicles to determine EXHIBIT T 'J 2C"L- 15 compliance with this Chapter. The Director shall make a recommendation for licensors to the Board of Cownty Commissioners upon a finding that: I. The ambulance service staff, vehicles, equipment and location comply with the requirements of this Chapter; 2. The ambulance service's emergency medical technicians are certified in accordance with the rules pertaining to emergency medical services of the Colorado Deparunent of Public I lealth and Environment; and 3. The applicant has complied in all respects with the requirements of this Chapter. B. The Director shall set a date for consideration of the application by the Board ot'Courny Commissioners, said date being a regular Board of County Commissioner business meeting no less than five (5) business days after the Director has deemed the ambulance service to have met all licensure application requirements. The Board of County Commissioners must find that the issuance of the license will contribute to an efficient, effective, and coordinated emergency medical response to residents of the County. The Board shall consider the following: 1. -I'he recommendation of the Director. 2. The facts presented at the Board meeting. 3. The information contained in the official record. 4. Any agreement or contract to provide primary care in Weld County: 5. The recommendation of the Weld County EMS Council as to whether or not the issuance of the license will contribute to an efficient. elective, and coordinated emergency medical response to residents of the County. Esther Gesick From: Sent: To: Subject William Garcia Friday, January 18, 2013 4 02 PM Esther Gesick FW. Today's meeting Please add to the file regarding ambulance licensing code change. Bill Garcia Weld County Commissioner at -Large 1150 0 St. Greeley, CO 80631 970-336-7204 .au )4'. rte` iT• rco,1 n,s Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential orotherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the tommunkation. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient Is strictly prohibited. From: Damien Berg [foalllD Dk.r towoofiohnst wn.comj Sent: Monday, January 14, 2013 10:00 PM To: William Garcia Subject: Today's meeting Chair Garcia, Can you please pass this on to the other Commissioners. Dear Commissioners. First and foremost I would like to thank you for the opportunity to speak before you. I wish I had more time to share my thoughts and express my opinion, you will find my full response below. I know you are all truly concerned about the citizens of Weld County and only want what is best for everyone, not Just one Town. Being new to local government, I feel strongly that the reason I am here is to be the voice for those who do not or cannot speak up. Please know that I am honest In my words and true with my feelings and am willing to learn, push and be the leader in our town. Here is my full response. What is a minute... EXHIBIT p_ 1 I can tell you from personal experience, a minute can feel like an hour or a lifetime, a minute can make the difference between life and death. Just a couple of years ago I was driving home on Highway 60 in Johnstown, CO; when I saw a man lying face down on the road...I noticed that he was not moving and it appeared that he had just been struck by a truck. I pulled over and quickly approached the man, my mind ticked and that very second I was back in Iraq. I ran holding my breath, as I reached the man and realized he was in bad shape, instinctively I reached for my medic bag and then I realized I was not in the desert -not in a combat zone, but in the peaceful streets of my town. This man was not doing well; I had nothing on me- not even a pair of gloves. I did my best to stabilize him with CPR along with the help of other citizens and prayed for help. Our brave men and women of the Johnstown Fire Department pulled up within a minute. Deep down I knew we needed more than what we had, minutes passed by like hours and yet the blood, breathes, and all the efforts of the first responders could not stop time! The ambulance and paramedics arrived twenty something minutes later, the man was not saved -it simply was too late. I have held many men and even women in my arms while they passed on, but this was Johnstown, Colorado, with a hospital less than 10 min away. I felt so helpless....and angry! I asked the simple question, why did it take so long for ALS (advanced live support) to arrive on scene? I was told this is the normal response time for towns like Johnstown....but why? I went home, hugged my family and my mind sank to place I have not felt in a few years. I told myself this is not acceptable, this is not a combat zone and our families and our towns deserve more. I serve my country proudly, and this incident pushed me forward to run for public office. So I may help influence and guide change that is needed and required for our citizens. I am honored to serve on the Johnstown Council and over the past year I have worked with the citizens, fire districts and other agencies to improve the response time in our town. We have worked, pleaded, and frankly begged for the needed help. Personally I don't care who or what company provides the services that should be a basic right to our citizens; just that we have reliable- citizen focused ambulance service. Currently we are seeing a "discussion or a struggle" on who will provide the basic services that should be a right to our citizens. I strongly encourage our officials to stand up and do what is right; this is not about politics or alliances, it is about a need to provide the right services for our citizens- our towns- because minutes really do matter. I fully support our Fire District, Fire Fighters, and Fire Chief in their pursuits to find and provide the best care for our citizens. Damien S. Berg Councilmember Town of Johnstown Colorado dberg@townofjohnstown.com 970-481-7400 2 RECEIVED JAN 3D 20 I3 ENVIRONMENTAL HEALTH SERVICES Kevin Antuna Ambulance Licensing Coordinator 1555 N. 176 Avenue Greeley, CO 80631 AEI Comments to Proposed Modifications to Section 7 of thr Weld County Code, pertaining to Emergency Medical Services Dear Mr. Anton: On behalf of Rung/Metro of Central Colorado d/b'a Pridcnrark Paramedic Services and RuraVMetro Ambulance (`RuralfMevo'1. I hereby submit comments to the proposed Modifications to Section 7 of the Weld County Code. First. neither Critical Care Transports ("CCr) nor Specialty Care Transports ("SCI—) appear to be included in the Weld Comity Code. Because these transports arc not currently defined in the Code. Rural/Metro respectfully requests that they be identified as an "Exclusion" under Amend. Sect. 7.2.80. Second, the proposed change in Amend. Sat. 7.2-80(11) states that provisions of ate Chapter shall not apply to an ambulance service that provides only intermittent transport of patients to and from Weld County not exceeding 25 trips annually." Rural/Metro currently has an Agreement with Kaiser Permanents to transport non - emergent patients to and from licensed medical facilities. Although RuraVMdro supports infrequent transpons for companies nut licensed in the County. due to its current Kaiser Agreement, the company anticipates reaching or slightly exceeding the 25 per year threshold. As a result, Ru al'Metro respectfully requests that the number of annual trips allowed under section 'If' be expanded to TOO. As outlined above, we respectfully request that the following comments be considered. If you have any questions or need additional information, please feel free to contact near (720)858-7680. Thank you for your consideration in this matter, Sin ely, igadr David Patterson Division General Manager 335) Press Street. Slue Ice Axcra. Cameo 80010 Poore (3031343.7c98 Fax (3W) 343-7195 flair:Or ass a a U W re ATTENDANCE HEARINGS ARE AS FOLLOWS ON THIS 4TH DAY OF FEBRUARY, 2013: PLEASE legibly write or print your name and complete address. 123 Nowhere Street, City, State, Zip \ ^ 'Y U n k M V., 1 W _ l % ., ` V V 1 W cs 6.-3, 4 1'4k O --t_ ..,_ ` ir.` --,J , rc, N. , Q J S 9- 1� L g e Se`s% N `fig &) ). is g (v 8t \ � -r N Q\a N NAME John Doe k v e .* i 71 W -,V . Hello