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WELD 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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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 the ChairCommissioners may authorize 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.
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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.
Amend Sec. 2-1-90. Department designations.
Each of the five (5) major departments shall be coordinated by a Commissioner together
with assistance from another Commissioner, both of whom shall be appointed by the Board of
County Commissioners at its first meeting in January each year. The Chair of the Board of County
Commissioners shall be responsible for coordination of the Departments of Finance, Central
Purchasing and Human ResourcesDepartment of Finance and Administration.
A. Department of Finance, Purchasing and Human Resources and Administration:
1. Finance.
2. Human Resources.
3. Information Services.
4. Accounting.
5. Clerk to the Board.
6. Budget.
7. Risk Management.
8. Airport.
9. Communications.
4-08. Contract Administration.
1-89. Fleet Management.
12. Sanitary Landfills.
13. Purchasing.
1410. Economic Development.
1511. Special Projects.
16. Veterans' Services.
1712. Printing and Supply.
1-813. GIS.
1-814. Phone Services.
B. Department of Health Services:
1. Public Health and Environment.
2. Health Board.
3. Hospital Board.
4. Paramedic Services.
5. Extension Service.
6. Fair Board.
4. Airport.
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5. Public Safety Communications.
6. Sanitary Landfills.
7. Purchasing.
C. Department of Planning Services:
1. Planning and Zoning.
2. Building Inspection.
3. Board of Adjustment.
4. Planning Commission.
5. International Building Code Utility Board.
6. Extension Service.
7 Fair Board.
D. Department of Public Works:
1.
2.
3.
4.
Road and Bridge.
Engineering.
Pest and Weeds.
Buildings and Grounds.
Office of Emergency Management.
Veterans' Services.
E. Department of Human Services:
1. Human Services (formerly Human Resources).
2. Human Services Board.
3. Social Services.
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 QEMOffice of Emergency Management,
as detailed in Subparagraph B of this Section.
B. The Office of Emergency Management, under the direction of the SheriffBoard of County
Commissioners, is designated as the County agency responsible for gathering and
disseminating 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 are directed toshall direct all public and media inquiries to the Office of
Emergency Management fordesignated Public Information Officer in order to coordinated
and centralized information associated with an emergency situation and to refrain from
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provicing suci information to tie mecia or pubic cirect y concerning an emergency
situation in tie County, to insure that complete and accurate information is disseminated
on a timely basis.
Amend Sec. 2-2-70. Mineral leasing policy.
A. The County owns mineral rights for approximately forty thousand (40,000) acres. On
November 19, 1986, t i he Board of County Commissioners adopted the following mineral
leasing policy by resolution:
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 four hundredsix hundred dollars ($400(.2)0u.00) per acre shall be
the minimum bonus amount required.
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 . _. percent (2025%). 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-fN .
percent (2025%) when bidding is waived on small parcels under five (5) acres, with
a minimum of a foursi <-hundred-_dollar ($600.00) royalty bonus per acre.
B. On August 29, 1985, tThe 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;
with a minimum bonus of ten dollars ($10.00) per acre.
3. The Lessee must pay to the Lessor the sum of one dollartwo and 50/100 dollars
($4-)02_.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.
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Delete Sec. 2-2-80. Uneconomical oil and gas wells.
A. By resolution on November 19, 1986, it is the policy of the Board of County
Commissioners hat tie Boarc may grant tie operators of of anc gas we s on County
ease io es tie opportunity to temporari y suspenc operation on hose wells t'at are, in tie
operator's opinion, uneconomical to produce.
B. The suspension may be granted by the Board of County Commissioners on receipt of a
proper request for the same. The Board will, however, review such request on a
case by case basis anG wi grant or ceny tie request as warrantec
The suspension will be grantec for a term of one (") year from tie next anniversary date of
said oil and gas lease, subject to renewal if appropriate.
�. The request for suspension of production shall include the following:
Tie procuction costs associatec wit, t
revenues receivec for he procuction anc other reasons justifying t
suspension.
le we anc tie curren- procuction and
2. A listing o• a
applicable).
working interest parties in t
ie
ease
3. A pat slowing tie amount of procuction from tie we
otier procucing we s o= non -County owners lip in t
of non -County production).
10
le request for
c (attach Division Order if
and current production from
le reservoir (identi
y operator
Proposal of lessee, if required, to protect County mineral lands from drainage by
adjoining wells located on non County lands.
E. The Board of County Ca — -- - ----- --� - --
per acre lease rental provisions of its oil and gas leases.
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 periodically contact the appropriate
emergency services officecoordinate 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.
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3. The Board of County Commissioners will determine if and when offices will be
closed.
4. The Department of Human Resources will notify all County departments with the
effective time of closing.
C. 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
negatively affects the operations of Weld County government.
INCIDENT COMMANDER: Person designated by the Board of Weld County
Commissioners to direct efforts to address any incident that is, or may, negatively affecting 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 Continuity of Government plan ("COG")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 Public Information Officer ("PIO") designated by
the Board of County Commissioners. Inquiries for information about the continuity of County
government shall be referred to the PIO for response.
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 Incident CommanderlNCIDENT COMMANDER or the Weld
County Director of Finance and Administration only if they such contracts are within the limits of
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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 Incident CommanderlNCIDENT
COMMANDER the authority the Board deems necessary for the Incident CommanderlNCIDENT
COMMANDER 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
INCIDENT COMMANDER and/or Director of Finance and Administration may
reassign County personnel, -As as a condition of employment, County employees
may be reassigned to perform duties at times and places as directed by the
Incident Commander to support incident command. 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
Incident CommanderINCIDENT COMMANDER 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 Department of Planning Services or the County Department of Public
Health and Environment.
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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.
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
substances, major air and ground transportation accidents, civil disturbances,
terrorists or bomb threats, and conventional, nuclear, biological or chemical
attacks.
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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 Office of 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 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 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 IVL
of this Code shall be suspended. The DIRECTOR and/or the Weld County Director of Finance
and Administration shall have the authority to approve any purchases that are necessary in order
to continue EOC and incident command operations.
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.
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Sec. 2-16-80. Reassignment of duties upon EOC activation.
Upon activation of the EGO, 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, activation of the COG, activiation of the Emergency Operations Center
or in the casoof the declaration of a pandemic health emergency declared 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 of 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. 5-4-170. Notice of emergency purchase.
A. Only the Department of Public Works, Sheriffs Office of Emergency Management, Weld
County Paramedic Service -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 ILLEGAL PURCHASES AS SPECIFIED IN SUBSECTION 5-4-10.1.5 OF
THIS ARTICLE.
B.
Reference s iou-c be mace to tie various Ozjice of Emergency Management p ans to
ascertain purchasing proceeures curing tie time of various types of emergency or
disaster situations.As described in Sections 2-15-60 and 2-16-60 of this Code, in the event
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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
incident commander 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 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 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
Amend 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
Commissionersor 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.
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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 COUNTY. COLORADO
ATTEST:
William F. Garcia, Chair
Weld County Clerk to the Board
Douglas Rademacher, Pro-Tem
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Mike Freeman
County Attorney
Barbara Kirkmeyer
First Reading:
Publication:
June 19, 2013
June 26, 2013, in the Greeley Tribune
Second Reading: July 8, 2013
Publication: July 15, 2013, in the Greeley Tribune
Final Reading: July 29, 2013
Publication: August 5, 2013, in the Greeley Tribune
Effective: August 10, 2013
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