HomeMy WebLinkAbout20131995.tiffWELD COUNTY
CODE ORDINANCE 2013-5
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2
ADMINISTRATION, CHAPTER 3 HUMAN RESOURCES, CHAPTER 5 REVENUE AND
FINANCE, AND CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be,
and hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows.
CHAPTER 2
ADMINISTRATION
Article I
Board Procedures
Amend Sec. 2-1-20. Agenda items.
A and B - No change.
C. Only the Clerk to the Board or a Commissioner may present the addition of an item to the
agenda if there are no objections from another member of the Board of County
Commissioners. If there are objections to the addition, a motion must be made, seconded
and passed by a two-thirds majority vote to allow the addition.
Remainder of Section - No change.
Amend Sec. 2-1-40. Contracts.
A - No change.
PAGE 1
3957351 Pages: 1 of 11
08/19/2013 12:10 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
■III Eir16I,Mr'A}kYdR IOC, till
2013-1995
ORD2013-5
cc). 1sni t onbik
B. Contracts, agreements, leases, etc., needing the signature of a second or third party will
not be accepted prior to that signature being obtained. When presented to the Board of
County Commissioners, the contract should have signatures of all other parties.
Electronic signatures are acceptable. Departmental personnel should obtain the
signature of the second party before sending the contract to the Clerk to the Board's office,
since those not being properly signed will be returned to the concerned department via
interoffice mail, thus delaying approval of the contract for several days. Exceptions to this
are the State of Colorado, City of Greeley or other governmental entities.
Remainder of Section - No change.
Delete Sec. 2-1-90. Department designations.
Article II
General Policies
Amend Sec. 2-2-10. Press releases.
A. All press releases shall need prior approval of the appropriate elected officials before
release, with the exception of those issued by the Office of Emergency Management, as
detailed in Subparagraph B of this Section.
B. The Office of Emergency Management, under the direction of the Board of County
Commissioners, is designated as the County agency responsible for gathering and vetting
all public information associated with an emergency situation in the County. The Office of
Emergency Management will coordinate with the Public Information Officer designated by
the Board of County Commissioners for all press releases. All County officials and
employees under the direction of the Board of County Commissioners are directed to
provide the Office of Emergency Management with all appropriate public information
associated with an emergency situation for dissemination to the public. All County officials
and employees under the direction of the Board of County Commissioners shall direct all
public and media inquiries to the designated Public Information Officer in order to
coordinate and centralize information associated with an emergency situation.
Amend Sec. 2-2-70. Mineral leasing policy.
A. The County owns mineral rights for approximately forty thousand (40,000) acres. The
Board of County Commissioners adopted the following mineral leasing policy:
1. The term of the leasing period shall be a maximum of three (3) years.
2. There shall be a continuation of the sealed bid process with the amendment that
the top two (2) bidders and any other bidder within ten percent (10%) may
participate in an auction. The opening of the sealed bids and the auction shall be
held on the same day.
3. A bid of at least six hundred dollars ($600.00) per acre shall be the minimum bonus
amount required.
3957351 Pages: 2 of 11
08/19/2013 12:10 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
MA% viii:Alfilki1 146 YKY1011CI, 111•0.114 !1111
GE 2
2013-1995
ORD2013-5
4. There shall be a continuation of the requirement for certified funds.
5. Where there is a conflict concerning the ownership of the lease, the owner of the
lease shall provide evidence of ownership.
6. Royalty interest in the production to be paid to the County shall be at least
twenty-five percent (25%). Specific amount of royalty interest shall be set by the
Board of County Commissioners prior to the bidding process.
7. Royalty interest in the production to be paid to the County shall be twenty-five
percent (25%) when bidding is waived on small parcels under five (5) acres, with a
minimum of a six -hundred dollar ($600.00) royalty bonus per acre.
B. The Board of County Commissioners adopted the following policy for extending the terms
of all mineral leases. The Board will extend the terms of all mineral leases in which it is the
Lessor according to the following conditions:
1. No lease term will be extended for more than six (6) months from the original
expiration date as contained in the mineral lease.
2. The Lessee shall pay to the Lessor the sum of one-third (1/3) of the original bonus.
3. The Lessee must pay to the Lessor the sum of two and 50/100 dollars ($2.50) per
acre leased as delayed rental for the term of the extension.
4. The royalty will remain the same as in the original lease.
Delete Sec. 2-2-80. Uneconomical oil and gas wells.
Article XII
Miscellaneous Policies
Amend Sec. 2-12-120. Emergency closing procedure.
A. At times heavy snow, power outages or other emergencies may require emergency
closing for County offices.
B. In the event of emergency closing, the following procedures will be followed:
1. The Department of Human Resources will coordinate with the Office of Emergency
Management to update the status of road or power conditions.
2. Conditions will be reported to the Board of County Commissioners and the Director
of Finance and Administration.
3. The Board of County Commissioners will determine if and when offices will be
closed.
3957351 Pages: 3 of 11
08/19/2013 12:10 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
,iii MI�1Rtiti 'lhil+,f#NSFATIAUFEliDa .id till
3
2013-1995
ORD2013-5
4. The Department of Human Resources will notify all County departments with the
effective time of closing.
Should emergency conditions occur before normal working hours, employees are urged to
listen to local radio stations, call the County information line at (970) 392-4600, and view
the County intra and Internet.
D. Employees should reference Section 3-5-120 of this Code to see how closure impacts
leave days and pay.
Article XV
Continuity of Government
Add Sec. 2-15-5. Definitions.
For the purposes of this Article, certain terms or words used herein shall be interpreted as
defined in this Section. The following specific words and phrases, when appearing in this
Chapter in uppercase letters, shall have the meanings stated in this Section:
COG PLAN: Continuity of Government Plan for responding to any incident that is
negatively affecting, or may negatively affect, the operations of Weld County government.
COG TEAM LEADER: Person designated by the Board of Weld County Commissioners
to direct efforts to address any incident that is negatively affecting, or may negatively affect, the
operations of Weld County government.
PIO: Public Information Officer designated by the Board of Weld County Commissioners.
Amend Sec. 2-15-10. Purpose.
The purpose of this Article is to provide certain information to County employees and the
public when the COG PLAN has been activated. The provisions contained in this Article shall
control to the extent they are in conflict with any other provisions of this Code.
Amend Sec. 2-15-20. Press releases.
All press releases concerning issues regarding the continuity of County government upon
activation of the COG PLAN shall be made by the PIO. Inquiries for information about the
continuity of County government shall be referred to the PIO for response.
3957351 Pages: 4 of 11
08/19/2013 12:10 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
■��� �4�1ra���l;fti7L,�+III,NIid F���hl��It�'1FSi7hMU, ®I III
PAGE 4
2013-1995
ORD2013-5
Amend Sec. 2-15-30. Contracts.
Those contracts necessary for the continuity of County government upon activation of the
COG PLAN shall be approved by the COG TEAM LEADER or the Weld County Director of
Finance and Administration only if such contracts are within the limits of such contract approval
authority delegated to him or her by resolution of the Board of County Commissioners.
Amend Sec. 2-15-40. Delegation of authority.
Pursuant to the provisions of Section 30-11-107(1)(n), C.R.S., the Board of County
Commissioners may, by resolution, delegate to the COG TEAM LEADER the authority the Board
deems necessary for the COG TEAM LEADER to perform such duties and make all decisions to
ensure the continuity of County government upon activation of the COG PLAN.
Amend Sec. 2-15-50. Work rules.
In order to continue County government upon activation of the COG PLAN, the following
work rules shall apply:
A. Reassignment of duties. Subject to Board of County Commissioner review, the
COG TEAM LEADER and/or Director of Finance and Administration may reassign
County personnel, as a condition of employment to support implementation of the
COG PLAN. Such reassignment may include work from home.
Remainder of Section - No change.
Amend Sec. 2-15-60. Purchasing rules.
Upon the activation of the COG PLAN, all of the purchasing rules set forth in Chapter 5,
Article IV, of this Code shall be suspended, subject to Board of County Commissioner review. The
COG TEAM LEADER and/or the Director of Finance and Administration, subject to Board of
County Commissioner review, shall have the authority to approve any purchases that are
necessary in order to continue County government.
Amend Sec. 2-15-70. Meetings of Board of County Commissioners.
Upon the activation of the COG PLAN, meetings of the Board of County Commissioners
shall be conducted according to the rules set forth in Section 2-1-10 of this Chapter, unless
circumstances prohibit such rules from being followed. The alternative sites for Board meetings
and notice locations are the County Department of Public Health and Environment or the
Southwest Weld Administrative Offices.
3957351 Pages: 5 of 11
08/19/2013 12:10 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
®III DO NN III
PAGE 5
2013-1995
ORD2013-5
Add the following:
ARTICLE XVI
Emergency Management
Sec. 2-16-10. Definitions.
For the purposes of this Article, certain terms or words used herein shall be interpreted as
defined in this Section. The following specific words and phrases, when appearing in this
Chapter in uppercase letters, shall have the meanings stated in this Section:
DIRECTOR: the Director of the Weld County Office of Emergency Management
appointed by the Board of Weld County Commissioners or person designated by the Board of
Weld County Commissioners to act in place of the Director of the Weld County Office of
Emergency Management.
DISASTER: a severe or prolonged incident which threatens life, property, environment,
or critical systems.
EMERGENCY: an incident, natural or human caused, that requires responsive actions
to protect life, property, environment, or critical systems.
EOC: the designated Weld County Emergency Operations Center.
OEM: the Weld County Office of Emergency Management.
PIO: the Public Information Officer designated by the Board of Weld County
Commissioners.
Sec. 2-16-20. Statement of Purpose and Authorization.
EMERGENCIES and DISASTERS can occur at any time within unincorporated Weld
County and any of its municipalities. Local government has the primary responsibility for
EMERGENCY and DISASTER management activities that eliminate or reduce hazardous events
and for the preparation for, response to, and recovery from, significant EMERGENCY and
DISASTER events that can and do occur. All areas of Weld County are at risk for three types of
DISASTERS:
1. Natural Disasters — Weld County is at risk from tornadoes, floods, severe storms
(e.g. snow, rain, and hail), urban and wildland fires and drought.
2. Technological Disasters —Weld County is at risk for technological disasters such
as power failures, dam failures, hazardous materials incidents along transportation
routes or industrial areas, civil unrest, major air and ground transportation
accidents, and attacks by a foreign enemy or terrorist organization in the form of
chemical, biological or nuclear weapons.
3. Man -Made Disasters - Possible man-made disasters which could create an
emergency response include transportation incidents involving hazardous
3957351 Pages: 6 of 11
08/19/2013 12:10 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
SIII K1�JrSTIihIJr,h'r G14�'kd k�G�hiAr��,i+J'iJ,Ff #lEh II III
2013-1995
ORD2013-5
substances, major air and ground transportation accidents, civil disturbances,
terrorists or bomb threats, and conventional, nuclear, biological or chemical
attacks.
In recognition of the risk that such DISASTERS pose to life and property, the Board of Weld
County Commissioners has created the OEM pursuant to the authority granted in Section
24-33.5-707, C.R.S. and appointed a DIRECTOR.
Sec. 2-16-30. Delegation of Authority.
The Board of Weld County Commissioners directs and authorizes the DIRECTOR to
provide and coordinate EMERGENCY and DISASTER prevention, preparedness, response, and
recovery services within unincorporated Weld County and among the various municipalities within
Weld County. The DIRECTOR shall be responsible for planning and coordinating local
EMERGENCY and DISASTER services, preparing and keeping current a local disaster
emergency plan, and preparing and distributing to all appropriate officials a clear and complete
written statement of the EMERGENCY responsibilities of all local agencies and officials and of the
EMERGENCY and DISASTER response chain of command. The DIRECTOR is also authorized
to act as the coordinating official with the Colorado Division of Homeland Security and Emergency
Management.
Sec. 2-16-40. Weld County Emergency Operations Center Activation and Operation.
The Board of Weld County Commissioners further directs and authorizes the DIRECTOR
to activate the EOC during emergencies or disasters to assist with response and recovery efforts.
Activation and operation of the EOC will be in accordance with National Incident Management
System principles. The DIRECTOR is authorized to utilize appropriate Weld County and
non -Weld County personnel necessary to operate the EOC to the level needed to support
emergency response and recovery efforts. Resource ordering through the EOC will follow EOC
ordering procedures determined by the DIRECTOR. Resources ordered through the EOC must
be approved by the DIRECTOR, the Weld County Director of Finance and Administration, or the
Weld County Director of General Services, in coordination with the designated Finance and
Logistics Section Chiefs.
Sec. 2-16-50. Contracts.
Upon the activation of the EOC, those contracts necessary for the support of EOC and
incident command operations shall be approved by the DIRECTOR, the Weld County Director of
Finance and Administration, or the Weld County Director of General Services, only if they are
within the limits of such contract approval authority delegated to him or her by resolution of the
Board of County Commissioners.
Sec. 2-16-60. Purchasing rules.
Upon the activation of the EOC, all of the purchasing rules set forth in Chapter 5, Article IV,
of this Code shall be suspended. The DIRECTOR, the Weld County Director of Finance and
Administration, and the Weld County Director of General Services, shall have the authority to
approve any purchases that are necessary in order to continue EOC and incident command
operations.
3957351 Pages: 7 of 11
08/19/2013 12:10 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
VIII Pii1CFKIN II 1
7
2013-1995
ORD2013-5
Sec. 2-16-70. Press releases.
All press releases concerning issues regarding emergencies or disasters will be
coordinated with the OEM and the PIO. Inquiries for information about the response to an
emergency or disaster and the activation of the EOC shall be referred to the PIO for response.
Sec. 2-16-80. Reassignment of duties upon EOC activation.
Upon activation of the EOC, the DIRECTOR may reassign County personnel, as a
condition of employment, to facilitate the operation of the EOC and to support incident command
operations.
Sec. 2-16-90. Emergency and Disaster Review and After Action Report.
Upon deactivation of the EOC after an EMERGENCY or DISASTER, the DIRECTOR shall
be responsible for reviewing the incident and submitting an after action report to the Board of
County Commissioners.
CHAPTER 3
HUMAN RESOURCES
Article II
Employment Information
Amend Sec. 3-2-120. Reassignment of duties in event of emergency.
As a condition of employment, in the event of a declared emergency by the Board of
County Commissioners, the activation of the COG PLAN, the activation of the Emergency
Operations Center, or the declaration of a pandemic health emergency by the County Health
Officer, employees who are not required to perform essential functions in their own departments
may be reassigned to assist with an emergency at the direction of the Board of County
Commissioners. The ability of the Board of County Commissioners to reassign employees is in
addition to the reassignment powers addressed in Weld County Code Sections 2-15-50 and
2-16-80.
CHAPTER 5
REVENUE AND FINANCE
Article IV
Purchasing Policy
Amend Sec. 5-4-50. Quotations and informal bids.
A. Other than those supplies purchased pursuant to Sections 30-11-109 through 112,
C.R.S., purchases of goods or equipment less than the amount established by the annual
purchasing ordinance pursuant to Section 14-9 of the Home Rule Charter, the purchasing
3957351 Pages: 8 of 11
08/19/2013 12:10 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
OIII I41�.rlC�Tf� Jll�'�JtIiJ'14 dh��fh��ak+J4�'i+�h.',VI�ti� ®I III
E8
2013-1995
ORD2013-5
agent shall request quotations from three (3) or more suppliers, if possible, and shall
purchase at the lowest and best quotations. The County shall reserve the right to reject
any and all bids.
B. The formal bid procedures may be used for purchases under the amount established by
the annual purchasing ordinance (ten thousand dollars [$10,000.00]) when the best
interest of the County so dictates; however, the informal bid procedure is normally used for
small dollar value items or to speed delivery and reduce administrative cost.
C. In all cases, the procedure used to obtain prices shall be calculated to achieve maximum
economy for the County. Informal purchases may include any of the following:
1. Quotations on standard quotation forms.
2. Telephone quotations.
3. Purchase on the basis of parts history cards.
4. Recent competitive bid prices which may be used to avoid duplication of effort.
5. Sole source items if emergency conditions exist or if such requirement is
obtainable, for practical purposes, from only one (1) source, as determined by the
Director of General Services.
6. Items under one thousand five hundred dollars ($1,500.00) may be acquired from
a vendor without quotes by the Department of Purchasing in order to expedite the
procurement of small purchases for departments and save the Purchasing
Department personnel time for larger, more complicated buying.
Remainder of Section - No change.
Amend Sec. 5-4-170. Notice of emergency purchase.
A. Only the Department of Public Works, Office of Emergency Management, and
Department of Buildings and Grounds are authorized to make purchases outside regular
business hours, and then only when failure to do so would result in cessation of vital
services. EMERGENCY PURCHASES MUST BE JUSTIFIED TO, AND ASSIGNED AN
EMERGENCY PURCHASE ORDER NUMBER BY, THE DEPARTMENT OF
PURCHASING. PURCHASES NOT TRULY AN EMERGENCY, OR ABUSE OF
EMERGENCY PURCHASE BY THE ABOVE DEPARTMENTS, WILL BE CONSIDERED
UNAUTHORIZED PURCHASES AS SPECIFIED IN SUBSECTION 5-4-10.1.5 OF THIS
ARTICLE.
B. As described in Sections 2-15-60 and 2-16-60 of this Code, in the event of activation of the
Continuity of Government Plan or Emergency Operations Center, all purchasing rules set
forth in this Chapter shall be suspended, subject to Board of County Commissioner
review. In the event the Continuity of Government Plan is activated, the COG TEAM
LEADER designated by the Board of County Commissioners and/or the Weld County
Director of Finance and Administration shall have the authority, subject to Board review, to
3957351 Pages: 9 of 11
08/19/2013 12:10 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
®111 �4�111�l+�1�6',14t d:Ya'+ti� l t�:l��i�h��il�ltil'L'�+LiYL�h 11111
9
2013-1995
ORD2013-5
approve any purchases that are necessary in order to continue County government. In
the event the Emergency Operations Center is activated, the Director of the Weld County
Office of Emergency Management, the Weld County Director of Finance and
Administration, and the Weld County Director of General Services, shall have the
authority, subject to Board review, to approve any purchases that are necessary in order
to continue Emergency Operations Center and incident command operations.
CHAPTER 14
HEALTH AND ANIMALS
Article X
Pandemic Health Emergency
Sec. 14-10-20. Press releases.
In the event that the County Health Officer has declared a pandemic health emergency to
exist, the Health Officer shall be the designee of the County government to provide press releases
regarding medical and health conditions, including but not limited to what health precautions
should be exercised by citizens and County employees. All press releases will be coordinated
with the County designated Public Information Officer. All press releases regarding the
continuity of County government operations shall be made by the Board of County
Commissioners, or by the Public Information Officer pursuant to the provisions of Section 2-15-20
of this Code.
Remainder of Section - No change.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the
amendments contained herein, to coincide with chapters, articles, divisions, sections, and
subsections as they currently exist within said Code; and to resolve any inconsistencies regarding
capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections,
and subsections in said Code.
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective
of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or
phrases might be declared to be unconstitutional or invalid.
3957351 Pages: 10 of 11
08/19/2013 12:10 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
liM�4�1R'IvI',�ir��'Parl�h:k14�I,�CUIL���Jh�44Y4 ,1111
PAGE 10
2013-1995
ORD2013-5
The above and foregoing Ordinance Number 2013-5 was, on motion duly made and
seconded, adopted by the following vote on the 29th day of July, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD lLt7f,1NIY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
APP
unty Attorney
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
Effective:
Will4am F. Garcia, Chair
Lc
ouglas�Rademacher, Pro-Tem
rbara Kirkmeye
June 19, 2013
June 26, 2013, in the Greeley Tribune
July 8, 2013
July 17, 2013, in the Greeley Tribune
July 29, 2013
August 7, 2013, in the Greeley Tribune
August 12, 2013
3957351 Pages: 11 of 11
08/19/2013 12:10 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
in M1�1l�'d!f P��ii�:�ilit I'i+hF �i'Mrl� r NNI:i Vivi, It III
PAGE 11
2013-1995
ORD2013-5
Hello