HomeMy WebLinkAbout20103084.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2010-10 was introduced on
first reading on November 1, 2010, and a public hearing and second reading was held on November
29, 2010. A public hearing and final reading was completed on December 20,2010,with no change
being made to the text of said Ordinance, and on motion duly made and seconded, was adopted.
Effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located in the Weld County Centennial Center, 915 10th Street,Third Floor,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail
correspondence into the case file, please send a copy to egesick@co.weld.co.us.
ORDINANCE NO. 2010-10
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE WELD COUNTY CODE
EFFECTIVE DATE: January 3, 2011
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 22, 2010
PUBLISHED: December 29, 2010, in the Fort Lupton Press
2010-3084
0,e0 029/0�i,
PROOF OF PUBLICATION
FORT LUPTON PRESS
STATE OF COLORADO
COUNTY OF WELD SS.
I, Allen Messick, do solemnly swear that I am the Publisher
of the Fort Lupton Press that the same is a weekly
newspaper printed and published in the County of Weld,
State of Colorado, and has a general circulation therein; Nonce oF ORFREE1DING OF
that said newspaper has been published continuously and pursuant to the Weld County Home
uninterruptedly in said county of Weld for a period of more Rule
u o-Ch10 rter, Ordinance Number
Nuon fi r
than fifty-two consecutive weeks prior to the first reading on November 1,2010,and
a public headrq and second reading
publication of the annexed legal notice or advertisement; was hold on November 29, 2010.
that said newspaper has been admitted to the United A public hearing and final reading
was completed on December 20,
States mails as second-class matter under the provisions 201O,withnochange being made to
of the act of March 3, 1879, or any amendments thereof, the text of said Ordinance, and on
and that said newspaper is a weekly newspaper duly motion duly made and seconded,
qualified for publishing legal notices and advertisements �1adopted.i listed Effeblow. of said
Any backup material, exhibits or
within the meaning of the laws of the State of Colorado. information previously submitted to
That the annexed legal notice or advertisement was concerning Bonnof Countymatter ayn be
g the this matter may be
published in the regular and entire issue of every number examined k the the
dNof (County
of said weekly newspaper for the period of ONE Commissioners,located in the Well
County Centennial Center, 915
consecutive insertion(s); and that the first publication of 10th Street, Third Floor, Greeley
said notice was in the issue of newspaper, dated 29th day Colorado,
and between: m., hours
ondaoyf Btl�
of DECEMBER 2010, and the last on the 29th day of Friday,
he Weld County Web be Page(ssed w w.
DECEMEBER 2010 co.weld.co.us. E-Mail messages
/9 sent to an individual Commissioner
:I may not be included in the case file.
To ensure inclusion of your E-Mail
correspondence into the case file,
please send a copy to egesick@
�, le -/Q_—; co.weld.cc.us.
ORDINANCE NO. 2010-10
Publisher, u ribed and sworn before me, this 29th ORDINANCE TITLE: IN THE
day of, DECEMBER, 2010. MATTER OF REPEALING
AND REENACTING,WITH
AMENDMENTS CHAPTER 2
ADMINISTRATION,OF THE WELD
��/� COUNTY CODE
-/ � 1�� EFFECTIVE DATE: January 3,
Notary Public. 2011
BOARD OF COUNTY
COMMISSIONERS
WELD COUNTY COLORADO
c
Ups\ 2010
PUBL SHEATED: D December 29,2010,
�� in the Fort Lupton Press
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NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2010-10 was introduced on
first reading on November 1 2010, and a public hearing and second reading was held on November
29, 2010, with changes being made as listed below. A public hearing and third reading is scheduled
to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley,
Colorado 80631, on December 20, 2010. All persons in any manner interested in the next reading
of said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located in the Weld County Centennial Center, 915 10th Street,Third Floor,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail
correspondence into the case file, please send a copy to egesick@co.weld.co.us.
ORDINANCE NO. 2010-10
ORDINANCE TITLE: IN THE MATTER OF IN THE MATTER OF REPEALING AND
REENACTING,WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE WELD COUNTY
CODE
DATE OF NEXT READING: December 20, 2010, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 1, 2010
PUBLISHED: December 8, 2010, in the Fort Lupton Press
CHANGES MADE TO CODE ORDINANCE #2010-10 ON SECOND READING
Amend Sec. Sec. 2-2-70. Mineral leasing policy.
A. The County owns mineral rights for approximately forty thousand(40,000)acres. On
November 19, 1986, the Board of County Commissioners adopted the following
mineral leasing policy by resolution:
1 thru 2 - No change
3. A bid of at least four hundred dollars ($400.00) per acre shall be the
minimum amount required.
4 thru 6 - No change
7. Royalty interest in the production to be paid to the County shall be twenty
percent (20%)when bidding is waived on small parcels under five (5) acres,
with a minimum of a four-hundred-dollar royalty bonus per acre.
Remainder of Section - No change
PROOF OF PUBLICATION
FORT LUPTON PRESS
STATE OF COLORADO
COUNTY OF WELD SS.
I, Allen Messick, do solemnly swear that I am the Publisher
of the Fort Lupton Press that the same is a weekly
newspaper printed and published in the County of Weld,
State of Colorado, and has a general circulation therein;
that said newspaper has been published continuously and Colorado,between the hours of8:00
a.m. and 5:00 p.m., Monday thru
uninterruptedly in said county of Weld for a period of more Friday,or maybe accessed through
the Weld County Web Page(www.
than fifty-two consecutive weeks prior to the first co.weld.co.us). E4Aad messages
publication of the annexed legal notice or advertisement; maynotabeincludedin the caasenler.
that said newspaper has been admitted to the United cTo ensure inclusion of your E-Mail --
o mespondence into the case file,
States mails as second-class matter under the provisions please send a copy to egesick@
co.weld.co.us.
of the act of March 3, 1879, or any amendments thereof, ORDINANCE NO. 2010-10
ORDINANCE TITLE: IN THE
and that said newspaper is a weekly newspaper duly MATTER OF IN HE MATTER OF
qualified for publishing legal notices and advertisements REPEALING-AND
AMENDMENTS,REENACTING,
within the meaning of the laws of the State of Colorado. 2 ADMINISTRATION,OF THE
WELD COUNTY CODE
That the annexed legal notice or advertisement was DATE OF NEXT READING:
NOTICE OF SECOND READING December 20,2010,at 9:00 a.m.
published in the regular and entire issue of every number OF ORDINANCE BOARD OF COUNTY
Pursuant to the Weld Court Home COMMISSIONERS
of said weekly newspaper for the period of ONE Rule Charter, Ordinance dumber WELD COUNTY COLORADO
consecutive insertion (s); and that the first publication of 2010-10 was introduced on first DATED: Decembers 2010
reading on November r�9 1 2010, angdg PUBLISHED:
PPDecember 8,2010,
said notice was in the issue of newspaper, dated 8th day wasbheltl on flovemec n29readlnn in the
C LuSMADE Press
T CODE
of DECEMBER 2010, and the last on the 8th day of with Angesblbeingic �dng and lied ORDINANCE120 0-10 ON
ECOND READING
DECEMEBER 201it.2 reading is scheduled to be held in Amend Sec.Sec.2-2-70.Mineral
the Chambers of the Board, First leasing policy
J / Floor Hearing Room, 915 631, fA.or
The County owns mineral rights
l Street, Greeley, Colorado he80631, foranmacres. forty thousand
on December 20,2010. All parsons (40,i r r acres.On November
in any manner interested in the 19,1986 the Board of County
next reading of said Ordinance are Commissioners adopted the
Publisher, Subscribed and sworn before me, this 8th requested to attend and may be following mineral leasing policy by
heard. resolution:
day of, DECEMBER, 2010. Please contact the Clerk to the 1 thru 2-No charge
Board's Office at phone (970) 3.A bid of at least four hundred
((�� 336-7215 Extension 4225, or fax dollars($400.00)per acre shall be
&1/4‘..)k._, \,_ Z— (970) 352 0242, prior to the day the minimum amount required.
� of the hearing if, as a result of a 4 thru 6-No change
Notary Public. disability, you require reasonable 7.Royalty interest in the production
accommodations in order to to be paid to the County shall be
participate in this hearing. twenty percent(20%)when bidding
Any backup material, exhibits or is waived on small parcels under
information previously submitted to five(5)acres,with a minimum of a
the Board of County Commissioners four-hundred-dollar royalty bonus
concerning this matter may be per acre.
- examined in the office of the Remainder of Section-No change
�' Clerk to the Board of County
yC,
Commissioners,located in the Weld
� County Centennial ,Center, 915
10th_Speegc7hird
0
(cOF C0\-2�
\ . ti ' i 1' • 2. 2- 'L
WELD COUNTY
CODE ORDINANCE 2010-10
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2
ADMINISTRATION, 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. 2-1-10. Conduct of meetings.
A. The Board of County Commissioners shall conduct two (2) regular weekly board
meetings, on Monday and Wednesday of each week, to commence at 9:00 a.m.
1 thru 4 - No change
B. The Board of County Commissioners shall, in its capacity as the County Board of
Human Services, conduct the business of such Board during the County
Commissioners' regular meetings each Monday and Wednesday, as authorized
pursuant to Section 26-1-116(3) C.R.S.
C. On the fourth Monday of the month the Board of County Commissioners shall
convene as the Weld County Housing Authority.
Remainder of Section - No change
Amend Sec. 2-1-40. Contracts.
A thru F - No change
G. Weld County Seal. Pursuant to Section 3-7(2) of the Weld County Home Rule
Charter, the Clerk to the Board is the custodian of the County Seal. Use of the Seal
shall be reserved for attestation of signature by all five (5) Commissioners or for
signature by the Chair, as authorized by the Board of Weld County Commissioners,
and for display on the Weld County flag.
H. Weld County Logo. The Weld County Logo is authorized for use by all County staff
on items of County correspondence, authorized departmental forms, and the official
Weld County website.
Amend Sec. 2-1-50. Disposition of electronic recordings.
Taped recordings of Board of County Commissioners' regular and special meetings and
hearings be retained three (3) years, plus the current year, according to the following rules:
A. At the end of each calendar year, the Clerk to the Board will send a memo to the
County Attorney's office requesting identification of recordings which are scheduled
for disposition.
B. The County Attorney's office will identify any specific recordings or hearings which
should be retained beyond the three (3) year period due to pending or possible
litigation.
C. Recordings not to be retained will be pulled and destroyed by the Clerk to the
Board's staff, and a list compiled detailing those recordings thus destroyed.
Amend Sec. 2-1-60. Referral/response to correspondence.
All complaints or requests from citizens received in the Board of County Commissioner's
office shall be handled as follows:
A. A copy of each complaint or request received, along with a Response form, will
immediately be sent to the appropriate department. These documents will be
marked to the attention of the elected official or department head. A copy of the
complaint or request will be placed in the Commissioners'"Pass Around"file for their
information, with a note attached describing to which department the complaint or
request was referred.
B. Clerk to the Board will keep the original letter in a suspense file in order to verify final
responses are sent within a reasonable time limit.
C. Elected officials are asked to submit a copy of their response to the Clerk to the
Board for the Commissioners' information.
D. The department head will be asked to respond within three (3) days or, if unable to
do so,to send an e-mail to CTB Group, stating the time required for further research
or review. Upon receipt of the e-mail, the Clerk to the Board's office will send a form
letter, with the Chair's signature, to the citizen stating that the matter is being
reviewed and giving the time frame for the response to be mailed.A copy of the letter
will be placed in the suspense file with the original letter.
E. After investigation of the complaint or request, the department head will make his or
her recommendation to the Board of County Commissioners, marking the correct
response, as listed below. The completed form (green sheet) and any supporting
documents will then be returned to the Clerk to the Board.
1. "Board action"means that some official action is required from the Board of
County Commissioners, such as needing to be placed on the agenda for a
policy decision or resolution.
2. "Work session"means the department head wishes to discuss the matter
with the Board of County Commissioners in a work session. No further
action is necessary to schedule the work session; if the Board agrees, the
Commissioners' Secretary will schedule the work session and notify all
appropriate parties.
3. "Letter (attached)" means a response has been drafted for the Chair's
signature, or has been signed and sent by the department head or elected
official to the individual making the complaint or request.
4. "No response"means no response was made by the department. Please
explain to the Board of County Commissioners why no response is required.
5. "Telephone" means a telephone call was made to the individual by the
department. Please give the date, who made the call and the name of the
individual receiving the call.
6. "E-mail reply" means the department replied to an inquiry for information
using e-mail correspondence.
F. Clerk to the Board will "pass around" the completed form amongst the
Commissioners, requesting approval or other desire of the Board. Any approval
letter shall be signed by the Chair. If the letter is not approved by the other
Commissioners, the Commissioners'Secretary will pull it for the Clerk to the Board's
office to make changes.
G. Clerk to the Board will verify the action required and mail any approved
correspondence, sending a copy back to the department. The matter will either be
placed on the agenda as new business or listed as correspondence on the Consent
Agenda, depending on the action required.
Amend Sec. 2-1-80. Work sessions.
A. The Board of County Commissioners will hold work sessions as scheduled
according to the Board's calendar.
B. Work sessions are intended to provide a means of obtaining specific Board
administrative direction, and to brief the Board concerning items which are
soon to be scheduled on regular Board meetings. All proposed grant
applications must be formally presented to the Board in a work session prior
to asking for the Board's fiscal endorsement and approval.
C. Work session/review process: Background documents must be submitted prior to
the scheduled work session for inclusion into electronic work session packets to be
viewed on the Board's laptops. The following procedures shall be followed by
department heads seeking work sessions:
1. Confirm commissioner coordinator approval to schedule work session.
2. Complete work session cover letter.
3. Scan cover letter and all supporting documents preferably as pdf file.
4. E-mail scanned cover letter and documents to Vicky Sprague.
5. Work session is scheduled.
Department heads unable to forward the scanned cover letter and documents shall
bring them to the scheduled work session and present to Board using Elmo
projector. The standard cover letter is as follows:
BOARD OF COUNTY COMMISSIONERS
WORK SESSION COVER LETTER
Department/Office Date:
Person requesting work session: Extension:
Has your commissioner coordinator/elected official approved the work session?
Recommended length of time needed for discussion:
In addition to yourself and the board, who should attend?
Brief description of the issue:
Options for the board:
Recommendation to the board:
D and E - No change
Amend Sec. 2-1-120. Delegation of Authority, as follows:
H. Delegation of authority concerning agreements for continuation of health insurance for
former County employees or elected officials.
1. By Resolution #982317 approved November 30, 1998, the Board of County
Commissioners approved the program allowing continuation of health insurance
coverage, including the dental and vision plan,for eligible former County employees
and elected officials drawing benefits from the County Retirement Plan.
2. Said Resolution #982317 also granted standing authority to the Chair to sign the
individual agreements entitled "Agreement for Continuation of Health Insurance for
Former Weld County Employee or Elected Official Who is Now Drawing Benefits
from the Weld County Retirement Plan." By Resolution #2002-3198, dated
December 16, 2002, by Resolution #2005-2598, dated September 7, 2005, and by
Resolution #2010-1572, dated July 19, 2010, the form of the agreement was
updated.
CC. Delegation of authority concerning Form of Agreement for Municipal Jail Services. The
Board of County Commissioners, on June 24, 2009, by Resolution #2009-1470, approved
the standard form of Agreement for Municipal Jail Services and granted standing authority to
the Chair of the Board to sign said agreements, after review by the County Attorney to verify
that it was completed in accordance with the form approved by the Board.
DD. Delegation of authority concerning Form of Addendums to Agreement to Purchase Out-of-
Home Placement Services. The Board of County Commissioners, on June 28, 2010, by
Resolution #2010-1375, approved the standard form for Addendums to Agreement to
Purchase Out-of-Home Placement Services and granted standing authority to the Chair of
the Board to sign said addendums, after review by the County Attorney to verify that it was
completed in accordance with the form approved by the Board.
ARTICLE III
Planning and Zoning Matters
Repeal Sec. 2-3-30 in its entirety and Re-enact with the following:
A. General requirements for collateral:
1. This policy shall be applied to all applications for Subdivisions, Planned Unit
Developments, Change of Zones, Final Plats, Uses by Special Review (USR), and
Site Plan Reviews (SPR). If this policy has not been applied to an application, the
policy shall not be applied to a request for complete releases of collateral, and the
procedures for release of collateral shall be as set forth in the Improvements
Agreement.
2. County requires applicants to provide collateral to guaranty all of their obligations
under the associated Improvements Agreement in the following forms: (1) Project
Collateral for completion of all improvement described in the Improvements
Agreement shall be provided separately for on-site improvements and off-site
improvements; (2) Warranty Collateral required for all improvements during the
warranty phase; and (3) Road Maintenance Collateral (if applicable) to be kept in
place for the life of the permit.
3. The value of Project Collateral submitted to the County must be equivalent to one
hundred percent(100%)of the value of the improvements identified on the accepted
Construction Plans and USR Plat Map or SPR Site Plan Drawing, and further
enumerated in the Improvements Agreement. Prior to Final Plat approval, the
applicant shall indicate which of the three (3) types of collateral he or she prefers to
secure the improvements subject to final approval by the Board of County
Commissioners (hereinafter referred to as the Board) and the execution of an
Improvements Agreement. Acceptable collateral shall be submitted either upon
execution of the Improvements Agreement or as set forth in the Improvements
Agreement. If acceptable collateral is not submitted at the time required, expires
prematurely, or becomes unacceptable pursuant to the terms of paragraph 4 below,
and is not timely replaced,then the Final Plat approval and all preliminary approvals
shall automatically expire. An applicant may request that the Board extend the Final
Plat approval, provided that the cost estimates are updated and the development
plans are revised to comply with all current County standards, policies and
regulations. Unless otherwise set forth in the Improvements Agreement, the
improvements shall be completed within one (1) year after the Final Plat approval
(not one [1] year after acceptable collateral is submitted), unless the applicant
requests that the Improvements Agreement be renewed at least thirty(30)days prior
to its expiration and further provides updated cost estimates for the remaining
improvements and collateral is provided in the amount of one hundred percent
(100%) of the value of the improvements remaining to be completed. If
improvements are not completed and the agreement not renewed within these time
frames, the Board, at its discretion, may make demand on all or a portion of the
collateral and take steps to see that the improvements are made.
4. Warranty Collateral for all on-site and off-site improvements shall be submitted to,
and held by, the County for one (1) or two (2) years, as set forth in the
Improvements Agreement following County's written acceptance of the
improvements.
a. All references to "Acceptance of Improvements" shall refer to the County
confirming completion of the improvements according to the accepted
Construction Plans. By accepting any improvement, the County does not
thereby accept it for purposes of future maintenance, nor does the County
accept any present or future responsibilities or obligations relative to the
improvements.
5. In the event applicant fails to adequately complete and/or repair improvements
associated with the Improvements Agreement,the County shall have the authority to
access, at its sole discretion, Project or Warranty Collateral to the extent necessary
to complete the improvements or repairs in order to preserve public interest.
6. Road Maintenance Collateral shall be submitted to County upon the release of the
Warranty Collateral by the Board of County Commissioners. Road Maintenance
Collateral is held for use on roads associated with the designated haul route. The
amount of the collateral required for road maintenance shall be established by the
Weld County Department of Public Works based upon its determination of the
anticipated maintenance expenses, and its determination of the amount shall be
final. Road maintenance collateral shall be held by County as long as the
Agreement is in effect and returned to the applicant upon vacation of associated land
use agreement or permit. The Road Maintenance Collateral will only be accessed by
the County, if upon notification to the applicant of required roadway repairs, applicant
fails to perform said repairs. If any of the Road Maintenance Collateral shall be
collected by County, applicant shall replace the amount, plus interest, within six (6)
months.
7. Road Maintenance Collateral shall be adjusted annually, in the month of January,for
inflation. The first adjustment shall be made no less than twelve (12) months after,
and in no event later than twenty-four (24) months from, the execution of the
Improvements Agreement. The adjustment shall be equal to the inflation rate based
on the "Colorado Construction Cost Index Report," as published by the Colorado
Department of Transportation.
8. The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Plan or Final Plat Subdivision.
The applicant would need only to provide collateral for the improvements in each
filing as approved. The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
property or the issuance of building permits until collateral is provided, or until
improvements are in place and approved pursuant to the requirements for a request
for release of collateral at Subsection C., below.
9. The Board of County Commissioners of Weld County reserves the right to reject
collateral which is deemed inappropriate or insufficient, which may be either as
collateral in the form of a letter of credit offered by a banking institution which does
not have at least a"three star" rating given by Bauer Financial, or as collateral in the
form of a performance bond offered by an insurance company which does not have
at least a B+ rating given by A.M. Best. The Board further reserves the right to
require the applicant to obtain replacement collateral if the rating of the financial
institution providing the collateral drops below the levels stated above. Replacement
collateral shall be submitted by the applicant within sixty (60) days of the Board's
notice to the applicant that the rating has fallen and that the collateral must be
replaced. The applicant may not terminate existing collateral until replacement of
collateral has been secured.
B. The three (3) types of collateral listed below are acceptable to the County:
1. An irrevocable letter of credit from a federal or state licensed financial institution
consistent with a sample form supplied by the County. The letter of credit shall state
at least the following:
a. The letter of credit shall be in an amount equivalent of one hundred percent
(100%) of the total value of the improvements as set forth in Subsection A.2
above.
b. The letter of credit shall provide for payment upon demand to the County if
the applicant has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
c. The issuer of the letter of credit shall guarantee that at all times the
unreleased portion of the letter of credit shall be equal to a minimum of one
hundred percent (100%) of the estimated costs of completing the
uncompleted portions of the required improvements, based on inspections of
the development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement
(i.e., streets, sewers, water mains and landscaping, etc.). In the event the
applicant is required to warranty the improvements,the letter of credit may be
partially released pursuant to the requirements for a request for release of
collateral at Subsection C., below.
d. The letter of credit shall specify that the date of proposed expiration of the
letter of credit shall be the date of release by the County of the final fifteen
percent (15%), as set forth in Subparagraph c., above. The letter shall
stipulate that the letter of credit will automatically renew and shall remain in
full force and effect until after the Board has received sixty(60) days'written
notice from the issuer of the letter of credit of the pending expiration. The
notice shall be sent by certified mail to the Clerk to the Board.
2. A surety bond given by a corporate surety authorized to do business in the State of
Colorado, in an amount equivalent to one hundred percent (100%) of the value of
the improvements, as specified in the Improvements Agreement.
a. The applicant shall utilize only a County-approved form when obtaining a
surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of the form
shall be provided to applicant upon request.
b. In the event the applicant is required to warranty the improvements, the
applicant shall replace the original bond in the amount of fifteen percent
(15%) of the original bond and shall remain available to the County until
released by the County at the end of the warranty period.
3. A cash deposit made with the Board equivalent to one hundred percent (100%) of
the value of the improvements set forth in the Improvements Agreement. In the event
the applicant is required to warranty the improvements, the applicant shall replace
the original deposit with a deposit in the amount of fifteen percent (15%) of the
original amount and those funds shall remain available to the County until released
by the County at the end of the warranty period.
C. Requests for release of collateral:
1. Prior to release of collateral for the entire project or for a portion of the project by the
County,the developer must present a Statement of Substantial Compliance from an
engineer registered in Colorado. Engineering Statements of Substantial Compliance
are only required following notification by the County. The Statement of Substantial
Compliance shall state that the project, or a portion of the project, has been
completed in substantial compliance with approved plans and specifications
documenting the following:
a. The engineer or his representative has made regular on-site inspections
during the course of construction and the construction plans utilized are the
same as those accepted by the County.
b. For the improvements to public rights-of-way or easements,test results must
be submitted for all phases of this project, as per Colorado Department of
Transportation (CDOT) Schedule for minimum materials sampling, testing,
and inspections found in CDOT Materials Manual.
c. "As-built"plans shall be submitted at the time the letter requesting release of
collateral is submitted. The engineer shall certify that the project"as-built"is
in substantial compliance with the plans and specifications as approved, or
that any material deviations have received prior written acceptance from the
County Engineer.
d. The Statements of Substantial Compliance must be accompanied, if
applicable, by a letter of acceptance of maintenance and responsibility by the
appropriate utility company, special district, or town for any utilities.
e. A letter must be submitted from the appropriate Fire Authority, if applicable,
indicating the fire hydrants are in place in accordance with the approved
plans. The letter shall indicate if the fire hydrants are operational and state
the results of fire flow tests.
2. The requirements in Sub-paragraphs 1.a through 1.e., above, shall be noted on the
final accepted construction plans.
3. Following the submittal of the Statement of Substantial Compliance and
recommendation of acceptance of the improvements by the Weld County
Department of Planning Services and the Weld County Department of Public Works,
the applicant may request release of the collateral for the project, or portion of the
project, by the Board. This action will be taken at a regularly scheduled public
meeting of the Board.
4. For all on-site and/or off-site improvements(including improvements to public rights-
of-way or easements), the written request for release of collateral shall be
accompanied by Warranty Collateral in the amount of fifteen percent (15%) of the
value of the improvements as shown in the Improvements Agreement excluding
improvements fully accepted for maintenance by the responsible governmental
entity, special district, or utility company.
5. Following the written request for release of the Warranty Collateral,the Weld County
Department of Planning Services and the Weld County Department of Public Works
shall inspect the on-site improvements. If the improvements need mitigation, or
further repairs are required, said work must be completed prior to the conclusion of
the Warranty period. The Warranty Collateral shall be released to the Property
Owner following the expiration of the warranty period, upon final written acceptance
by the Board of County Commissioners.
6. Road Maintenance Collateral for roads associated with the designated haul route
shall be maintained as long as the associated land use permit is active, and shall be
adjusted annually according to the procedure set forth in Sub-paragraph A.7., above.
ARTICLE XII
Miscellaneous Policies
Add Sec. 2-12-150. Use of household appliances in the workplace.
A. Employees working in County buildings equipped with stoves, ovens, and/or microwave
ovens located in designated kitchen areas may use those appliances to heat and prepare
food during shifts extending into normal meal times. No food preparation involving the
heating of oils or greases shall be allowed. Employees using kitchen area appliances shall
not leave them unattended. County Health and Wellness representatives for each
department shall be responsible for assuring that fire extinguishers are properly located
within the kitchen areas and that employees using the appliances are properly trained in
their use. No toaster ovens, hot plates, or electric grills shall be used in any County
buildings. Toasters, coffee and/or tea makers, popcorn makers, and crock pots may be
used for food and drink heating and preparation only in areas approved for such use. All
such appliances must be: 1) certified and listed by a nationally recognized independent
testing laboratory, such as Underwriters Laboratories (UL), 2)equipped with automatic turn-
off capability, and 3) maintained in a clean and safe condition.
B. Space heaters may be used by employees only in accordance with the following conditions:
1. The employee must inspect the heater prior to each use and its specifications, and
its location must be documented with the department's Health and Wellness
representative so random/annual inspections may be performed.
2. The heater must be: a) certified and listed by a nationally recognized independent
testing laboratory, such as Underwriters Laboratories (UL), b) equipped with
automatic turn-off capability, c) maintained in a clean and safe condition, d) cool to
touch when in operation, e) have an enclosed or closely guarded heating element
and a built-in automatic shut-off tip-over protection, f) equipped with a high
temperature-limiting device, g) not exceed 500 watts maximum output, and h) have
an on/off switch.
C. Employees using any of the appliances listed above in the workplace are responsible for
their safe use and may be liable for the total cost of any damages to County buildings,
equipment, or personal property resulting from mishaps caused by use of household
appliances in the workplace.
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
sub sections 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
sub-sections 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.
NOTICE
PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2010-10 published above,
was introduced and, on motion duly made and seconded, approved upon first reading on November
1, 2010. A public hearing and second reading is scheduled to be held in the Chambers of the
Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on November 29,
2010. All persons in any manner interested in the reading of said Ordinance are requested to attend
and may be heard.
Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located in the Weld County Centennial Center,Third Floor, 915 10th Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail
correspondence into the case file, please send a copy to egesick@co.weld.co.us.
SECOND READING: November 29, 2010, at 9:00 a.m.
THIRD READING: December 20, 2010, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: November 12, 2010
PUBLISHED: November 17, 2010, in the Fort Lupton Press
PROOF OF PUBLICATION
FORT LUPTON PRESS
STATE OF COLORADO
COUNTY OF WELD SS.
I, Allen Messick, do solemnly swear that I am the Publisher
of the Fort Lupton Press that the same is a weekly
newspaper printed and published in the County of Weld,
State of Colorado, and has a general circulation therein;
that said newspaper has been published continuously and
uninterruptedly in said county of Weld for a period of more
than fifty-two consecutive weeks prior to the first
publication of the annexed legal notice or advertisement;
that said newspaper has been admitted to the United
States mails as second-class matter under the provisions
of the act of March 3, 1879, or any amendments thereof,
and that said newspaper is a weekly newspaper duly
qualified for publishing legal notices and advertisements
within the meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every number
of said weekly newspaper for the period of ONE
consecutive insertion(s); and that the first publication of
said notice was in the issue of newspaper, dated 17th day
of NOVEMBER 2010, and the last on the 17th day of
NOVEMEBER 2010
Publi her, bscribed and sworn before me, this 17th
day of, NOVEMBER, 2010.
_)1W(-
Ndtary Public.
u) -oc . o
O&CO
\VAI� c' u 2i A 2\217i 1'I
WELD COUNTY Amend Sec. 2-1-60. Referral/
CODE ORDINANCE 2010.10 response to correspondence. CC. . Delegation or autnorny
IN THE MATTER OF REPEALING All can mho or requests from concerning Form of Agreement
AND REENACTING,WITH citizens received in the Board of Arend Sec. 2-1.00. Wort for Municipal Jail Services-- The
ADM NISTDMENTS,CI,OF THE 2 beCountyhandled dmrNpollowwssYe o01ce shall A. he �d of o Jd of County 200 , y Commissioners,Resolution
TIONMy -on June 24, by ssntbn
WELD COUNTY CODE A. A copy of each complaint or Commissioners will hold wart #2009-1470,approved the standard
BE IT ORDAINED BY THE BOARD request received, along with a sessions as scheduled according to form of Agreement for Mwdclppaal
OF COUNTY COMMISSIONERS Response tom,will immediately be the Board's celendar. Jail Services and granted stendwp
rm
OF THE COUNTY OF WELD, sent to the appropriate department. B. Work sessions are intended to authority to the Chan of the Board to
STATE OF COLORADO: I These documents will be marked to provide a means of obtaining specific sign said agreements, after review
rec ioby the County Attorney to verify that
the attention par of the electedply official to
Board administrative Bard cis c direction, and it was completed in accordance with
WHEREAS, the Board of County or departmentor head. A copy bef which brief the Board concerning items the form approved by the Board.
Weld,Commissioners of of o the County of the complaint lesion w'll are soon to be scheduled DD. Delegation of authority
to Colorado, State sta and,the ereheld placed in the Commissioners'their
information,
'Pass ponr regular ant applicationsd meetings. All conceming Form of Addendums
C statute and Weld Around' file for their efomingoto propose grant must to Agreement to Purchase Out-of-
with Home ty ofa vested i a note attached describing ing or work klly session prior etl to the Board
the the authority of administering,Colorado, request
twas department the complaint or in a to asking for Home Placement Services.mi The
the affairs of Weld County, B. Cler was retorted.d pcape roval Board's fiscal endorsement and Board
ntnef 28, 2010, by Resolution
and
the Board of County Clerk
letter inBasuuspense file the n C.A Work.session/review process: #2010-1375,approved the standard
Commissioners, on December 2 , order to verify final responses are Background documents must be
form forAddendumseAgreementb
9 sent Porn 8Purchase Out-of-Home Placement
2000,Ordinance adopted Weld County December_
Elected ct a reasonable are time limit. work submitted prior to the soo intoled Services and granted standing
comprehensive 20 Code enacting a submitC. aby of asked so to work session work for inclusion painto authority to the Chair of the Board to
for the County toth o the their response be viewed
these Board's laptops.
sign said addendums, after review
of Weld,including sly the codordinancesification a mm Clerk-to Board for the be folio in procedures
the County Attorney to verify that
all previously adopted nature D. The eeiarere'information.ethdThe lolk>d b ecrtment shalt a was completed in accordance with
of a general and before te asked department head will e be se followed sessions:department heads the form approved by the Board.
adoadopted on or said date of to unable
do
three send
seekingm comiio ARTICLE IS
WHEREAS,
and days m If O.CTB to stating
to said I.Co rte commissioner work
coordinator Planning and Zoning Maters
eed of the Weld County aton an eiequ ed Group,ssetrc the approval. Comlee work work n session. Repeal See. 2.3.30 in Its entirety
iswith in need regard revision and clarification terms,
time w.-MO for further research orle Complete work session cover and Re-enact with the following:
and ire to st ereues, terms, -review.-MOM receipt of-0e e-mail.X. letter. A. General requirements for
NOW, THEREFORE,
d.cumentan sereferably at dffile. collateral:
D TN by the Boa of County FT the Clerk a to the letter,wit Cs w8 4 Ecumail erdbc vs let era. 1 This shall be appled to
CiNED by tine therd Spud a 1, t with the stele's 4.documents m scanned cover letter and all applications for Subdivisions,
Commissioners e tofo the County certainof Sputum,e, to the dicer stating 5.Work tosi n is sy Sprague. Planned Unit Developments,
Weld,State of rsofthe' thatau that gin t matter time being for the D. session scheduled.n Change of Zones Final Plats
Code b be, a Weld repealed ead and giving the frame for the Department the
heads unable to Uses by Special Review (USR,
Code and hereby are, response to placed in n.the sus else forward documents s scanned c and RR and Site Plan Reviews (SPR). f
and us with amendments, letter t will the ri suspense duldshall bring ng to the this policy:has not been applied
and the various Chapters a e revised file with original letter.of thescheduled work session and present
roan application, the policy shall
to read as follows. orE.requrest,
investigation depn tmen complaint to Board using Elmo yrosfollo s: not be applied to a request for
CHAPTER 2 make rk st,the department head will standard BOARD cover letteris as follows: complete releases of collateral
ADMINISTRATION I his or her n y Commissioners,m9ndaonn to OF COMMISSIONERS ERSY and the procedures for release of
ARTICLE itsBoardofCountyse, collateral shall be as set forth in the
Boo.2-1-10. on markingbelow.the correct Th response, as WORK SESSION COVER LETTER Improvements Agreement.
Amend Sec. Conduct of listed e The completed supporting ed form Department/Office requesting Date: 2. County requires guaranty
to
meetilire.
(green sheet) and any Person work session: provide vdelcollateral
a e to guaasptyd all of
A. T e Board of County documents will then be returned to Extension: Me
Commissioners shall conduct two the Clerk to the Board. Has your commissioner dthe coordinator/ improvements regiment in the
d
(2)regular weekly board meetings, 1.'Board action'means that some elected official approved the work � Ve forms: 1 Prdec CWWera
on Monday and Wednesday of each official action is required from the session? for completion ( all improvement
week,to commence at 9:00 am. Board of County Commissioners, Recommended dad lens of time described In the Improvements
1 thm 4-No charge such as needing to be placed on needed for discussion: Agreement shall be provided
B. The Board of County the agenda for a policy decision or in addition attend?yourself and the board, separately for on-site improvements
Commissioners shall,in its capacity resolution. who should attend?of and off-site improvements' (2
as the County Board of Human 2. 'Work session' means the Brief descriptionfor tlon of the issue: and off Collateral ulna for all
Services, conduct the business department head wishes to discuss Options for Vie Ward:to improvements during the warranty
of such Board during the County the matter with the Board of County Raw,rmerldati0lh to Me board: an 3
Commissioners' regular meetings Commissioners in a work session. D and E-No thaw. (d(3)plicabe)to be kept in
each Monday and Wednesday, as No further action is necessary to as, r the life of thepermit.ee
authorized pursuant to Section 26- schedule the work session; if the Mend Sea. 2.1120. WNgs'ton
1-116(3)C.R.S. Board agrees, the Commissioners' of Authority,as yM�podw�s: ng . The value of Project Collateral
C.On the fourth Monday of the month Secretary will schedule the work H.Delegation of�oomoemirp submitted to the County must
the Board of County Commissioners session and notify all appropriate agreements o7 be equivalent to one hundred
shall convene as the Weld County parties. health insurance for former County' percent(100%)of the value of the
Housing Authority. 3. Letter (attached)* means a employees or elected officials. improvements identified on. the
Remainder of Section-No change response has been drafted for the 1.By Resolution#982317 approved accepted Construction Plans and
Amend Sec.2-1-40. Contracts. Chair's signature, or has. been November 30, 1998, the Board of USR Plat Map or SPR Site Plan
A thru F-No change signed and sent by the department County Commissioners approvedDrawing,and further enumerated in
G.Weld County Seal. Pursuant to head or elected official to the • the program allowing corwnuation the Improvements Agreement. Prior
Section 3-7(2) of the Weld County individual making the complaint or of health insurance coverage; to Final Plat approval,the applicant
Home Rule Ch Charter,the Clerk to the rereqpuest. including the dental and vision plan, shall Indicate which of the three(3)
Board is the custodian of the County 4.'No response"means no response for sligiNe former County employees types of collateral he or she prefers to
Seal. Use of the Seal shall be was made by the department. and elected officials drawing bbBennefits secure the improvements subject to
reserved for attestation of signature Please explain to the Board of from the County Retirement Plan. final approval by the Board of County
by all five(5)Commissioners or for County Commissioners why no 2. Said Resolution #982317 also Commissioners(hereinafter retorted
signature by the Chair,as authorized response is required. granted standing authority, to to as the Board)and the execution
by the Board of Weld County 5. Telephone means a telephone Igo Chair a sign tie indmdual of en Improvements Agreement.
Commissioners, and for display on call was made to the individual by agreements.entitled'Agreement for Acceptable collateral shall be
the Weld County flag. the department. Please give the Continuation of Health insurance for submitted either upon execution of
H. Weld County Logo. The Weld date, who made the call and the Former Weld County Employee.or the Improvements Agreement or
County Logo is authorized for name of the individual receiving the Elected Official Who is Now Drawing as set forth in the improvements
use by all County staff on items of call. Benefits from the Weld County Agreement. If acceptable collateral
County correspondence,authorized 8. 'E-mail reply' means the ' Retirement Plan.' By Resolution is not submitted at the time required,
departmental forms,and the official department replied to an inquiry #2002-3198 dated December 16, expires prematurely, or becomes
Weld County webste. for Information using e-mail 2002, by Resolution #2005-2598, unacceptable pursuant to the trots
Amend Sec. 2-1-50. Disposition correspondence. dated September 7 2005, and by of paragraph 4 below, and is not
'of electronic recordings. Resolution#2010.1$72, dated July timely replaced, then' the Final
Taped recordings of Board of County F. Clerk to the Board will pass 19,2010,the form of the agreement Plat approval and all preliminary
Commissioners regular and sppeeciqal around- the completed . bin was updated. _ „ „ approvals shall automatically expire.
meetings and heanngs be retained amongst the Commissioners, An applicant may request that the
three(3) plus the currentyear, requesting approval or other desire Board-extend the Final PlataD
according to the following rules: of the Bond My approval letter provided that the cost ftli mates
shall be signed by the Chair. If the are updated and the development
A.At the end of each calendar year, letter is not approved by the other plans are revised to conzly with all
the Clerk to the Board will send Commissioners,the Commissioners' current County standa , policies
a memo to the County Attorney's Secretary will pull it for the Clerk to and regulations. Unless ofhervded
office requesting identification of the Board's office to make changes.
recordings which are scheduled for . G. Clerk to the Board will verify .See IEGALS
disposition. the actknrtegawad and roil any
B.The County Attorney's office will apps copy dba correspondence,ro the sendiirne _ page 13
identify any specific recordingsretained or matter will either be placed on the
hearings which (3) e year e as new business or listed
beyond thetrree(3' period clue agenda �on �s� .
to pending Dion to litigation.et i depending on the action
C. Recordings notsoy by the
Clk to
pulled and de tafI and by Me -
comp complied
Bond's o a list
coupled detailing those recordings
thus destroyed.
,EGALS Plan or Final Plat Subdivision.The percent(100%)of the value of the of the collateral for the project, I limiting device, g) not exceec
applicant would need only to provide improvements, as specified in the or portion of the project, by the watts maximum output,and h)
collateral for the improvements Improvements Agreement. Board. This action will be taken at a an on/off switch.
in each filing as approved. The a. The applicant shall utilize regularly scheduled public meeting C. Employees using any o
rom page 12 County will place restrictions on only a County-approved form of the Board. appliances listed above in
those portions of the property when obtaining a surety bond: 4. For all on-site and/or off- workplace are responsible for
that are not covered by collateral (PERFORMANCE BOND site improvements (including safe use and may be liable ft
et forth in the Improvements which will prohibit the conveyance FOR BOARD OF COUNTY -improvements to public rights-of- total cost of any damages to C
rgreement,the improvements shall of the property or the issuance of COMMISSIONERS OF- WELD way or easements), the written buildings, equipment, or per
e completed within one (1) year building permits until collateral is COUNTY, COLORADO). A copy request for release of collateral property resulting from mit
fter the Final Plat approval(not one provided,or until Improvements are of the form shall be provided to shall be accompanied by Warranty caused by use of hous
II year after acceptable collateral in place and approved pursuant to applicant upon request. Collateral in the amount of fifteen appliances in the workplace.
; submitted), unless the applicant the requirements for a request for b.lntheeventtheapplicantisrequired- percent (15%) of the value of the BE IT FURTHER ORDAINED I
equests that the Improvements release of collateral at Subsection to warranty the improvements, the improvements as shown In the Board that the Clerk to the Boa
tgreement be renewed at least C.,below. apgtasM+lIIW rep ace the original Improvements Agreement excluding and hereby is, directed to an
arty(30)days prior to its expiration 9. The Board of County bond In the amount of fifteen percent improvements fully accepted for for Colorado Code Publishir
nd further provides updated Commissioners of Weld County (15%)of the original bond and shall maintenance by the responsible supplement the Weld County
ost estimates for the remaining reserves the right to reject collateral remain available to the County until governmental entity,special district, with the amendments cont
mprovements and collateral is which is deemed inappropriate or released by the County at the end of or utility company. herein, to coincide with cha
trovided in the amount of one insufficient,which may be either as the warranty period. articles, divisions, sections,
rundred percent(100%)of the value collateral In the form of a letter of 3. A cash deposit made with the 5. Following the written request for sub sections as they currently
f the improvements remaining to be credit offered by a banking Institution Board equivalent to one hundred release of the Warranty Collateral, within said Code; and to re
ompleted. If improvements are not which does not have at least a percent (100%) of the value of the Weld County Department of any inconsistencies rege
ompleted and the agreement not 'tree star" rating given by Bauer the improvements set forth in the Planning Services and the Weld capitalization, grammar,
enewed within these time frames, Financial or as collateral in the form Improvements Agreement. In the County Department of Public numbering or placement of cha
le Board, at its discretion, may of a performance bond offered by event the applicant is required to Works shall inspect the on-site articles,divisions,sections,ant
make demand on all or a portion of an insurance company which does warranty the improvements, the improvements. If the improvements sections in said Code.
he collateral and take steps to see not have at least a B+ rating given applicant shall replace the original need mitigation, or further repairs
hat the improvements are made. by A.M. Best. The Board further deposit with a deposit in the amount are required, said work must be BE IT FURTHER ORDAINE
Warranty Collateral.. for all on- reserves the right to require the of fifteen percent (15%) of the completed prior to the conclusion of the Board if any section,subse
its and off-site improvements shall applicant to obtain replacement original amount and those funds the Warranty period. The Warranty paragraph, sentence, clause
e submitted to, and held by, the collateral if the rating of the financial shall remain available to the County Collateral shall be released to phrase of this Ordinance i
:ounty for one(1)or two(2)years, institution providing the collateral until released by the County at the the Property Owner following the any reason held or decided
is set forth in the Improvements drops below the levels stated above. end of the warranty period. expiration of the warranty period, unconstitutional,such decision
Igreementfollowing County's written Replacement collateral shall be C. Requests for release of upon final written acceptance by the not affect the validity of the rem;
rcceptance of the improvements. submitted by the applicant within collateral: Board of County Commissioners. portions hereof. The Boa
I. All references to Acceptance sixty(60)days of the Board's notice - 1. Prior to release of collateral for 6. Road Maintenance Collateral for County Commissioners h
it Improvements"shall refer to the to the applicant that the rating has the entire project or for a portion roads associated with the designated declares that it would have en
knotty confirming completion of fallen and that the collateral must of the project by the County, the haul route shall be maintained this Ordinance in each and
he Improvements a=Ming to the be replaced.The applicant may not developer must present a Statement as long as the associated land section, subsection, paracS
(seated Construction Plans. By terminate existing collateral until of Substantial Compliance from an use permit is active, and shall be sentence,clause,and phrase tF
pdepting any improvement, the replacement of collateral has been engineer registered in Colorado. adjusted annually according to the irrespective of the fact that an
Aunty does not thereby accept it secured. Engineering Statements of procedure set forth in Sub-paragraph or more sections, subsec
Ybprrpurposes of future maintenance, B.The three(3)types of collateral Substantial Compliance are only A.7.,above. paragraphs, sentences, cla
does the County accept any listed below are acceptable to the required following notification by ARTICLE XII or phrases might be declared
(resent or future responsibilities County: the County The Statement of Miscellaneous Policies unconstitutional or invalid.
it obligations relative to the 1.An Irrevocable letter of credit from Substantial'Compliance shall state Add Sec. 2-12-150. Use of
improvements. a federal or state licensed financial that the project, or a portion of household appliances in the NOTICE
i. In the event applicant fails to institution consistent with a sample the project, has been completed workplace. PURSUANT to the Weld C
rdequately complete and/or repair form supplied by the County. The in substantial compliance with A. Employees working in County Home Rule Charter, Ordir
mprovements associated with the letter of credit shall state at least the approved plans and specifications buildings equipped with stoves, Number 2010-10 published a
mprovements Agreement, the following: documenting the following: ovens, and/or microwave ovens was introduced and,on motion
)ounty shall have the authority a.The letter of credit shall be in an a.The engineerorhis representative located in designated kitchen areas made and seconded, app
o access, at its sole discretion, amount equivalent of one hundred has made regular on-site inspections may use those appliances to heat upon first reading on Novemt
'rolect or Warranty Collateral to the percent (100%) of the total value during the course of construction and prepare food during shifts 2010. A public hearing and st
rxtent necessary to complete the of the improvements as set forth in and the construction plans utilized extending into normal meal times, reading is scheduled to be h,
mprovements or repairs in order to Subsection A.2 above. are the same as those accepted by No food preparation involving the the Chambers of the Board,
ireserve public interest. b. The letter of credit shall provide the County. heating of oils or greases shall be Floor Hearing Room, 915
I. Road Maintenance Collateral for payment upon demand to the b. For the improvements to public allowed. Employees using kitchen Street,Greeley,Colorado 806:
Mall be submitted to County County if the applicant has not rights-of-way or easements area appliances shall not leave them November 29,2010. All persr
upon the release of the Warranty performed the obligations specified test results must be submitted unattended. County Health and any manner interested in there
Alleteral by the Board of County in the Improvements Agreement and for all phases of this project, Wellness representatives for each of said Ordinance are request
)ommissioners. Road Maintenance the issuer has been notified of such as per ColoradoDejrartment of department shall be responsible for attend and may be heard.
:ollateral is held for use on roads default. Transportation (CDOT) Schedule assuring that fire extinguishers are Please contact the Clerk h
ltpociated with the designated haul c. The issuer of the letter of credit for minimoin materials sampling, properly located within the kitchen Board's office at phone
mute. The amount of the collateral shall guarantee that at all times the testing and inspections found in areas and that employees using 336-7215, Extension 4225, c
squired for road maintenance unreleased portion of the letter of CDOT Materials Manuel. the appliances are properly trained (970) 352-0242, prior to the
Mall be established by the Weld credit shall be equal to a minimum of c."As-built"plans shall be submitted in their use. No toaster ovens, hot of the hearing if, as the resul
Dourly Department of Public Works one hundred percent(100%)of the at the time the letter requesting plates,or electric grills shall be used disability, you require reaso
rased upon its determination of the estimated costs of completing the release of collateral is submitted. in any County buildings. Toasters, accommodations in order
intici ated maintenance expenses, uncompleted portions of the required The engineer shall certify that the coffee and/or tea makers, popcorn participate in this hearing.
Ind its determination of the amount improvements,based on inspections project as-built is in substantial makers, and crock pots may be Any backup material, exhibi
;hall be final. Road maintenance of the development by the issuer. compliance with the plans and used for food and drink heating information previously submit)
xillateral shall be held by County -In no case shall disbursement specifications as approved, or and preparation only in areas the Board of County Commissi
is long as the Agreement is in for a general improvement item that any material deviations have approved for such use. All such concerning this matter ma
iffect and retumed to the applicant exceed the cost estimate in the received pprri1opr written acceptance appliances must be: 1)certified and examined in the office of
upon vacation of associate land Improvements Agreement (i.e., from the Gounfy Engineer. listed by a nationally recognized Clerk to the Board of C
Ise agreement or permit. The streets, sewers, water mains and d. The Statements of Substantial independent testing laboratory,such Commissioners,located in the
load Maintenance Collateral will landscaping,etc,). In the event the Compllancemustbeaccompanied,if as Underwriters Laboratories (UL), County Centennial Center,
mly be accessed by the County, if applicant is required to warranty the applicable,by a letter of acceptance 2)equipped with automatic turn-off Floor, 915 10th Street, Or,
pon notification to the applicant of improvements, the letter of credit of maintenance and responsibility capability, and 3) maintained in a Colorado,between the hours o
equired roadway repairs, applicant may be partially released pursuant by the appropriate utility company, clean and safe condition, a.m. and 5:00 p.m., Monda)
Ms to perform said repairs. If any to the requirements for a request for special district, or town for any B. Space heaters may be used by Friday,or may be accessed th
if the Road Maintenance Collateral release of collateral at Subsection utilities. employees only in accordance with the Weld County Web Page (
;hall be collected by County, C.,below. e.A letter must be submitted from the following conditions: co.weld.co.us). E-Mail mes:
ipplicant shall replace the amount, d. The letter of credit shall specify the appropriate Fire Authority, 1. The employee must inspect sent to an individual Commis,
;Pus interest,within six(6)months. that the date of proposed expiration if applicable, indicating the fire the heater prior to each use and may not be included in the car
Road Maintenance Collateral of the letter of credit shall be the hydrants are in place in accordance its specifications, and its location To ensure inclusion of your E
,hall be adjusted annually, in the date of release by the County of the with the approved plans. The letter must be documented with the correspondence into the cesi
nonth of January,for inflation. The final fifteen percent (15%), as set shall indicate if the fire hydrants are department's Health and Wellness please send a copy to age:
irst adjustment shall be made no forth in Subparagraph c.,above.The operational and state the results of representative so random/annual co.weld.co.us
ess than twelve (12) months after, letter shall stipulate that the letter of fire flow tests. inspections may be performed. SECOND READING:Novemb
Ind in no event later than twenty- credit will automatically renew and 2. The requirements in Sub- 2. The heater must be: a) certified 29,2010,at 9:00 a.m.
our(24)months from,the execution shall remain in hill force and effect paragraphs 1.a through 1.e.,above, and listed by a nationally recognized THIRD READING: December
if the Improvements Agreement. until after the Board has received shall be noted on the final accepted independent testing laboratory,such 2010,at 9:00 a.m.
the adjustment shall be equal to the sixty (60) days'written notice from construction plans. p Underwrijers.jaboratones (UL), BOARD OF COUNTY
'Illation rate based on the Colorado the issuer of the letter of credit of the 3. Following the submittal of i equIppp`eaa wit automatic turn- COMMISSIONERS
;onstruction Cost Index Report," pending expiration.The notice shall the Statement of Substantial o capability c) maintained in a WELD COUNTY,COLORADO
is published by the Colorado be sent by certified mail to the Clerk Compliance and recommendation clean and safe condition,d)cool to DATED: November 12,2010
)apartment of Transportation. to the Board. of acceptance of the improvements oovvements touch when in operation,e)have an PUBLISHED: November 17,2
9. The applicant may choose to 2.Asurety bond given bya corporate by the Weld County Department enclosed or closely guarded heating in the Fort Lupton Press
irovide for a phases pment surety authorized to do business of Planning Settee and the Weld element and abuilt-in automatic
oy means of design filings in the State of Colorado, in an County Department of Public Works, shut-off tip-over protection. f)
N a Planned -Una pment amount equivalent to one hundred the applicant"my request release equipped with a high temperature-
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