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Home My WebLink About20073424.tiff 973 WELD COUNTY CODE ORDINANCE 2007-6 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be,and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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 Amend Sec. 2-1-50. Disposition of electronic recordings. On March 24, 1992, the Board of County Commissioners approved the following procedure for - d disposition of electronic recordings of meetings and hearings. State record retention regulations o require that taped recordings of Board meetings and hearings be retained one (1) year plus the d current year; however, all recordings will be retained seven (7) years, plus the current year. m-om_ ` A. At the end of each year, the Clerk to the Board will send a memo to the County Attorney's office to identify recordings which are scheduled for disposition. 9 02 o B. The County Attorney's office will identify any specific recordings or hearings which d- should be permanently retained due to pending or possible litigation. —3 d aT� C. Recordings not to be retained will be pulled and destroyed by the Clerk to the moo;Co Board's staff, and a list compiled. o c o hoc Amend Sec. 2-1-60. Referral/response to correspondence. On June 1, 1998, the Board of County Commissioners established the following procedure r CC to handle correspondence received by the Clerk to the Board's office. Elected officials will be given •n; a copy of all correspondence regarding concerns or complaints pertaining to their departments,and fg o —" 2007-3424 PAGE 1 ORD2007-6 cc `, CA- Q4S , ` J vI-a5 ed are asked to simply provide the Board of County Commissioners with a copy of each response to complete the official file. Department heads are directed to draft a response to be written over the signature of Chair of the Board. All complaints or requests from citizens received in the Board's office shall be handled as follows: A through D - No change. 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 complete form (green sheet) and any supporting documents will then be returned to the Clerk to the Board. 1 through 5 - No change. 6. E-mail reply means the department head or elected official replied to an inquiry for information using e-mail correspondence. Remainder of Section - No change. Amend Sec. 2-1-80. Work sessions. A. The Board of County Commissioners will hold weekly work sessions each Monday morning, beginning at 10:00 a.m. If business requires, additional work sessions may be scheduled during the week. B through C - No change. D. An elected officials' meeting will be held quarterly. 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 g County Commissioners at its first meeting in January each year. The Chair of the Board of County rc Commissioners shall be responsible for coordination of the Departments of Finance, Central 1.1300 Purchasing and Personnel. .6� A. Department of Finance, Purchasing and Personnel: g �U � y a 1. Finance. d2. Personnel. 3. Information Services 4. Accounting. =0 5. Clerk to the Board. 0 6. Budget. o 7. Risk Management. - o 8. Airport. - 9. Communications. =MIrx ay,1.• 10. Contract Administration. -h� N 2007-3424 PAGE 2 ORD2007-6 11. Fleet Management. 12. Sanitary Landfills. 13. Purchasing. 14. Economic Development. 15. Special Projects. 16. Veterans' Services. 17. Printing and Supply. 18. GIS. 19. Phone Services. B. Department of Health Services: 1. Public Health and Environment. 2. Health Board. 3. Hospital Board. 4. Paramedic Service. 5. Extension Service. 6. Fair Board. 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. D. Department of Public Works: 1. Road and Bridge. 2. Engineering. 3. Pest and Weeds. 4. Buildings and Grounds. Remainder of Section - No change. Amend Sec. 2-1-110. Authorizations. A and B - No change. C. The Chair of the Board of County Commissioners has standing authority and is authorized and directed to sign personal service contracts under ten thousand dollars ($10,000.00), as well as all equipment maintenance, equipment lease, computer equipment and software purchase agreements, and any standard letter of assignment/consent. Remainder of Section - No change. 111111111111 111111 11111 11111 11II 1111111 III 11111 IIII IIII 3523973 12/17/2007 03:14P Weld County, CO 3 of 37 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2007-3424 PAGE 3 ORD2007-6 Amend Sec. 2-1-120. Delegation of authority. Pursuant to Section 30-11-107(1)(aa), C.R.S., which authorizes the Board of County Commissioners to establish policies and procedures regarding entering into contracts binding on the County, and to delegate its powers to enter into such contracts pursuant to such policies and procedures, the following policies were adopted by the County: A. Authority delegated to the Chair of the Board to sign certain contracts and agreements. 1. By Resolution #950198, dated February 22, 1995, the Board of County Commissioners delegated authority to the Chair of the Board to sign certain personal service contracts and maintenance agreements. The Chair of the Board is authorized to enter into and sign contracts and agreements as follows: a. All contracts on behalf of the County for personal service contracts under ten thousand dollars ($10,000.00). b. All change orders to contracts for construction projects of up to five percent (5%) of the original contract amount, not to exceed ten thousand dollars ($10,000.00). c. All contracts on behalf of the County for all equipment maintenance contracts. d. All related contracts and license agreements for computer hardware and software operating in the County. e. All computer-related agreements and documents to acquire and maintain computer systems pursuant to the policy adopted by resolution dated March 16, 1994, for the purpose of acquisition of information services systems. 2. By Resolution #2004-1366, dated May 10, 2004, the Board of County Commissioners delegated authority to the Chair of the Board to sign certain agreements with municipalities in Weld County for road and street design, construction and/or maintenance within the jurisdictional boundaries of the municipalities, up to the amount of ten thousand dollars($10,000),whereby the municipality will reimburse Weld County for the entire cost of such work upon completion of the project. 3. By Resolution #2007-1689, dated June 26, 2007, the Board of County Commissioners delegated authority to the Chair of the Board to sign any standard letter of assignment/consent. B. Acquisition of information services systems. Pursuant to Resolution #940249, approved March 16, 1994, the Board of County Commissioners adopted the following process for acquisition of information services systems: 1 through 6 - No change. 1111111111111111111111111111 It 1111111 III 11111 IIII 1111 2007-3424 3523973 12/17/2007 03:14P Weld County, CO PAGE 4 ORD2007-6 4 of 37 R 0.00 D 0.00 Steve Moreno Clerk& Recorder C through F - No change. G. Delegation of authority concerning chemical weed control cost share agreement. By Resolution#980778 approved May 6, 1998,the Board of County Commissioners approved the form of the Weld County Chemical Weed Control Cost Share Agreement and authorized the Vegetation Management Specialist, Department of Public Works,to sign said agreements with various landowners meeting the criteria. By Resolution #2007-1499, the form of the Chemical Weed Control Cost Share Agreement was updated. On May 30, 2007, the Board approved Resolutions #2007-1498, #2007-1500, #2007-1501, #2007-1502, #2007-1503, #2007-1504, #2007-1505, and#2007-1506, approving the form of the following agreements and delegating authority to the Vegetation Management Specialist, Department of Public Works, to sign said agreements with various landowners meeting the criteria: National Fish and Wildlife Foundation (NFWF) Weed Control Cost Share, Yellow Nutsedge Chemical Weed Control Cost Share, Diffuse Knapweed Chemical Weed Control Cost Share, Absinth Wormwood Chemical Weed Control Cost Share, Dalmatian Toadflax Chemical Weed Control Cost Share, County Chemical Weed Control Cost Share Agreement through State Lands, Chemical Weed Control Cost Share Agreement through West Greeley Conservation District, and Equipment Rental, respectively. H through 0 - No change. P. Delegation of authority concerning Standard Form for Child Protection Agreement for Respite Care. The Board of County Commissioners, on March 17, 2004, by Resolution#2004-0854,approved the standard form for Child Protection Agreement for Services for Respite Care, and granted standing authority to the Chair of the Board to sign said agreement, after review by the County Attorney to verify that it was completed in accordance with the form approved by the Board. By Resolution #2006-0524, the form of the agreement was updated. Q through S - No change. T. Delegation of authority concerning Standard Agreements for Business Associates having access to HIPAA protected information and doing business with Weld . County. By Resolution #2003-0904, dated April 7, 2003, the Board of County 0 Commissioners delegated authority to the HIPAA Privacy Officers, being duly oc appointed by the Board, to sign certain agreements for the various Weld County gzo Y HIPAA plans. By Resolution#2006-0313, the form of the agreement was updated. ca _C.3 U. Delegation of authority concerning Weld County Clerk and Recorder Agreement for 0 Elections Division Facility Usage. The Board of County Commissioners, on July 9, 0 2007, by Resolution #2007-1914, approved the standard form for Weld County —3� Clerk and Recorder Agreement for Elections Division Facility Usage, and granted v standing authority to the Chair of the Board to sign said agreement, after review by mirm ter." the County Attorney to verify that it was completed in accordance with the form o- o approved by the Board. o -CI V. Delegation of authority concerning Standard Form for Addendum to Agreement to o Purchase Therapeutic Residential Child Care Facility Services / Residential Child c•, Care Facility Services. The Board of County Commissioners, on August 27, 2007, x -MM "0 2007-3424 --03 10 PAGE 5 ORD2007-6 by Resolution #2007-2734, approved the standard form for Addendum to Agreement to Purchase Therapeutic Residential Child Care Facility Services / Residential Child Care Facility Services,and granted standing authority to the Chair of the Board to sign said agreement, after review by the County Attorney to verify that it was completed in accordance with the form approved by the Board. W. Delegation of authority concerning Standard Form for Addendum to Agreement to Purchase Child Placement Agency Services. The Board of County Commissioners, on August 27, 2007, by Resolution #2007-2735, approved the standard form for Addendum to Agreement to Purchase Child Placement Agency Services, and granted standing authority to the Chair of the Board to sign said agreement, after review by the County Attorney to verify that it was completed in accordance with the form approved by the Board. X. Delegation of authority concerning Standard Form for Addendum to Agreement to Purchase Residential Child Care Facility Services. The Board of County Commissioners, on August 27, 2007, by Resolution #2007-2736, approved the standard form for Addendum to Agreement to Purchase Residential Child Care Facility Services, and granted standing authority to the Chair of the Board to sign said agreement, after review by the County Attorney to verify that it was completed in accordance with the form approved by the Board. Y. Delegation of authority concerning Standard Form for Addendum to Agreement to Purchase Specialized Group Home Care Services. The Board of County Commissioners, on August 27, 2007, by Resolution #2007-2737, approved the standard form for Addendum to Agreement to Purchase Specialized Group Home Care Services, and granted standing authority to the Chair of the Board to sign said agreement, after review by the County Attorney to verify that it was completed in accordance with the form approved by the Board. Amend Sec. 2-1-160. First readings of ordinances. A - No change. B. Pursuant to Section 3-14 of the Home Rule Charter, upon the introduction of an Eordinance, it must be read in its entirety. Because the first reading of ordinances 0 often takes significant amounts of time at the regular meetings of the Board of County Commissioners, the Board of County Commissioners, by resolution on EC a.5 May 11, 1992, adopted the procedures set forth below in order to provide a _-" mechanism by which the first reading of ordinances will be expedited, while at the same time providing the requisite record of notice to the public, and complying with - o g the requirements of Section 3-14 of the Home Rule Charter. N �9 O 1. Upon the majority vote of the Board of County Commissioners and solely at (13 its discretion, an ordinance may be read for the first reading by the playing n. may of a recording of the ordinance as it is presented for first reading. The a c o playing of the recording shall satisfy the first reading requirements set forth o in Section 3-14 of the Home Rule Charter. ^o _o ono 2. Any reading of an ordinance for the first time by the playing of a recording - will be conducted in the Board's assembly room or in a room immediately 2007-3424 fa 0 PAGE 6 ORD2007-6 adjacent thereto. The Chair of the Board shall read into the record that the first reading will be accomplished by the playing of a recording and will announce where the recording will be played. 3. The department which is recommending the adoption of the ordinance, the Clerk to the Board or the Board's designee shall be the reader of the proposed ordinance on the recording.All such readings and recordings must take place in the Clerk to the Board's office on a recording device approved for such use by the Clerk. Recordings of ordinances must be prepared and delivered to the Clerk to the Board no later than 5:00 p.m. on the day prior to the meeting at which the ordinance is formally introduced. 4. All recordings of the first readings of ordinances shall be on recording media provided by and kept in the custody of the Clerk to the Board. Amend Sec. 2-2-10. Press Releases. All press releases shall need prior approval of the appropriate elected official(s) before release, with the exception of those issued by OEM, as detailed in subparagraph B of this Section. Amend Sec. 2-2-20. Lobbying policy. A and B - No change. C. In accordance with federal rules and regulations, no federal funds can be used for lobbying activities in any way: D. Any County employee or official lobbying on behalf of the County shall comply with the state regulation of lobbyists (Title 24, Article 6, Part 3 of the Colorado Revised Statutes). In the event any County funds are expended for lobbying activities, a copy of such expenditure claim form shall be sent to the Director of Finance and o Administration specifying the date, lobby activity, purpose of expense and name of s the official or group lobbied. In the event the sum total of expended funds requires am. cc ,ti a filing with the Secretary of State, the Director of Finance and Administration and "Y County employee or official involved will ensure that proper filings to the Secretary =� of State are made. =$ =9 E Amend Sec. 2-2-50. Letter-sized mail. iaatg A. The U.S. Postal Service Board of Governors has adopted Shape-Based Pricing, Tidy which uses shape along with weight to determine prices. This pricing recognizes oo that different shapes - letters, large envelopes ("flats"), and packages ("parcels") - have different processing costs and therefore each shape is in need of having —o a separate pricing. Weld County classifies the mail into three categories: First Class, ti o First Class Pre-sort and Priority mail. First class mail is metered and sent to the post office the same day it received. The cost for letters is .41 cents for the first sm.rx ounce and .17 for each additional ounce not to exceed 3.5 ounces. All large MEI CO m envelopes ("flats") and packages ("parcels") are First Class as long as they do not mEnN S exceed 13 ounces. If they do exceed 13 ounces, they go out as Priority Mail. The „, cost for Priority Mail is $4.60 for the first 13 ounces. First Class Pre-sorted mail is 2007-3424 PAGE 7 ORD2007-6 metered and sent to an outside vendor to be sorted by zip code. It is then sent to the post office the next day. The cost for letters not exceeding two (2) ounces is .312 cents and .125 cents for the next ounce. Shape-Based Pricing Mail Shape New price Postcards $0.26 • Maximum length: 6" Maximum height: 4 1/4" • Maximum thickness: 0.016" Letters(1 Footnote:All First-Class Mail Letters nonmachinable letters are subject to the 17-cent nonmachinable surcharge.) $0.41 for first ounce $0.17 for each additional ounce • Maximum weight: 3.5 ounces 6' • Maximum length: 11 1/2" • Maximum height: 6 1/8" m-- - • Maximum thickness: 1/4" Large Envelopes (If a letter exceeds any of these dimensions it will be classified and priced as a large envelope (flat).) $0.80 for the first ounce $0.17 for each additional ounce • Maximum weight: 13 ounces • Maximum length: 15" Maximum height: 12" I • Maximum thickness: 3/4" Packages (If the large envelope exceeds any of these dimensions, it will be classified and priced as a package (parcel). Large envelopes must also be flexible, rectangular, cw and uniformly thick. A large envelope that exceeds 13 ounces is classified and _� priced as Priority Mail®.) $1.13 for the first ounce a $0.17 for each additional ounce $ o r x_ • Maximum weight 13 ounces Maximum size no more than 108" in combined length mlm_ and girth :m d '-,Rioon D; 5 —may —T 0 A package that exceeds 13 ounces is classified and priced as Priority Mail®. All hoc First-Class Mail "non-machinable" letters are subject to the 17-cent �Nv "non-machinable" surcharge. —no =aac B. All outgoing County mail will be sent out through the Department of Printing and r nr• Supply and will be metered in that office. Offices are not to use stamps, stamped aF -CO CO 2007-3424 PAGE 8 ORD2007-6 mail or their own postage meters. Human Services shall have authority to process its own mail due to the volume and funding of Human Services activities. Del Camino and Fort Lupton offices will process their own mail due to the locations of these offices. The Department of Printing and Supply will be responsible for providing supplies for these postage machines. These offices are responsible for informing the Department of Printing of Supply when more postage is put onto the machines. C. All mail must be received in the Print Shop by 3:00 p.m. Monday through Thursday and by 2:30 p.m. on Friday. All departments are directed to use the following standards, taken from the U.S. Postal Services printout, Addressing for the "Computer Eye": 1 through 4 - No change. 5. Use an OCR-Readable Type Style. The following types are approved OCR-Readable: Times New Roman, Arial, Courier, and Century School Book. The font size should be no smaller then a 10 pt or larger than a 12 pt. D. Departments are responsible for the following: 1 through 4 - No change. 5. All first class mail must be labeled First Class mail. Any mail not properly labeled will be assumed to be Presort. 6. Any mail that is to be delivered to inner County offices should be put into the department's mail boxes in the Department of Human Resources. Do not include in outgoing mail. 7. Large envelopes (flats) less than 3.5 ounces needs to be clearly marked . letting the staff from the Department of Printing and Supply know it must go out at as a flat rate. This should only happen if the contents cannot be folded to fit into a letter size envelope. w .613 E. The Director of Administration provides one courier run to the north administrative =v buildings for internal mail. Pickup and delivery time is 9:45 a.m. O Amend Sec. 2-2-60. County property. ay 2 �3 „ a- A through I - No change. ger wry o J. If County property to be sold has been put out to bid and no bids are received, then o the Director of Administrative Services may negotiate a sale of the property to an r. =Nc interested party. Once the sale has been negotiated, the Board of County — o Commissioners shall consider in a regular Board meeting whether or not to accept the offer and sale by resolution. csi cc • • N 2007-3424 PAGE 9 ORD2007-6 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,the Board of County Commissioners adopted the following mineral leasing policy by resolution: 1 through 5 - No change. 6. Royalty interest in the production to be paid to the County shall be at least twenty percent(20%). 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 percent(20%)when bidding is waived on small parcels under five(5)acres, with a minimum of a two-hundred-dollar royalty bonus for the parcel. Remainder of Section - No change. Delete Sec. 2-2-100. Work release program. Amend Sec. 2-2-140. Diversity policy. A through C - No change. D. If the County's expectations as listed above are not met, the following procedures will apply. 1. Employee reports the problem to a responsible County official, such as a supervisor, elected official, department head or the Director of Human Resources. 2. The official receiving the report documents all information received and persons spoken to and notifies the Department of Human Resources within twenty-four(24) hours of the alleged incident. d - 9 3. In cooperation with the requesting department, the Department of Human x Resources investigates, develops and retains documentation of all —c3',° allegations and ensures that appropriate corrective actions are taken, including disciplinary measures by the appropriate person when justified,to o remedy all violations of this policy. 0 N 0 E d ic 4. The Department of Human Resources follows up within thirty (30) days to assure no further violations of the policy have occurred. —-o— �To Remainder of Section - No change. moo c Amend Sec. 2-3-30. Collateral for improvements. oA. General requirements for collateral: paw M 1. This policy shall be applied to all future applications for Subdivisions, -r• Planned Unit Developments, Change of Zones, Final Plats, Uses by Special - `e 2007-3424 PAGE 10 ORD2007-6 Review, and Site Plan Reviews. 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. The County shall not guarantee maintenance of roads in developments which have not complied with the provisions of this policy. Remainder of Section - No change. Amend Sec. 2-3-100. Planning Commission transcripts. It is the policy of the Board of County Commissioners that: A. The Director of Planning Services shall record on electronic recording device the hearings of the Planning Commission. B. At times determined by the Director of Planning Services to be reasonable, he shall allow the applicants to listen to a recording of a hearing. C. Recording and playback equipment shall be operated only by the Director of Planning Services or by the Department of Planning Services staff. D. The Director of Planning Services shall charge a reasonable fee based on the costs of staffs time for operating playback equipment for persons who wish to listen, record or transcribe from a recording. E. Anyone transcribing from an electronic recording device shall furnish the Director of Planning Services one (1) copy of the transcription without charge. F. The Director of Planning Services may have staff prepare a transcript from a recording. 0 Remainder of Section - No change. G ca Add Sec. 2-3-110. Determination of satisfaction of improvements agreements and release ;," of associated collateral as consent agenda items. g Resolutions regarding the determination of satisfaction of improvements agreements and - o the release of associated collateral shall appear as items on the Consent Agenda unless removed therefrom by the Board. oAmend Sec. 2-5-30. Authorized use of County-owned heavy equipment. moo n c A. When dry weather conditions cause prairie lands located in the County to become a high fire danger, there is a need for a cooperative approach among citizens and no private and public entities, to fight prairie fires which may occur on public and/or - o TQ private lands. g`^" Remainder of Section - No change. 2007-3424 PAGE 11 ORD2007-6 Amend Sec. 2-6-140. Accidents. In case of an accident involving a County vehicle, the driver should immediately notify proper law enforcement authorities, regardless of the extent of damage to the vehicles involved. A. If the extent of the damage and conditions at the accident scene warrant, the driver shall contact their immediate supervisor who will ask the County Communications Center to coordinate towing service through the County's fleet maintenance contractor. If the employee's supervisor cannot be reached, contact should be made with a department manager or Human Resources. Should law enforcement authorities at the scene determine a need for immediate removal of the vehicle,they shall have the discretion to contact a private towing service. B. No later than the next regular workday, the driver shall notify his or her immediate supervisor(if contact was not made at the time of the accident)or department head of the accident and submit to the supervisor the Accident Exchange Information Report received from the other driver at the scene of the accident. The supervisor shall ensure that all reports and forms are accurately completed,submit them to the County Human Resource Department and then have the employee complete any injury reports as detailed in Chapter 3, Article VIII of this Code. Failure to report an accident or a high incidence of accidents by a driver shall result in review by the department head and/or Finance Officer,who shall recommend appropriate action. C. The supervisor shall coordinate obtaining repair estimates with the County's fleet maintenance contractor. Repair estimates will be forwarded to the County Human Resource Department for submission with the accident report for claim adjustment. Departments will be assessed $500 for repairs exceeding that amount. Amend Sec. 2-6-160. Two-way radio equipment. All vehicles and equipment operated during emergency situations, such as blizzards or flooding, shall be equipped with two-way radio equipment. If such equipment is not regularly available in a vehicle,the supervisor shall request the issuance of such, on a temporary basis,from the Communications Department, if available. — 'o g Amend Sec. 2-6-170. Motor vehicle records check. - rc Y Applicants selected by department heads for employment to a position that requires driving of a County vehicle or equipment will be required to complete a Motor Vehicle Records Check form. �' The Department of Personnel will forward the form to the State for search of the individual's traffic �� record. In addition, past employers will be checked for the applicant's driving ability and driving =-o 0 record. This will prevent the County from employing high-risk individuals and thus help the County =T-3 d to reduce its liability exposure. The Motor Vehicle Records Check form will be automatic for all =et ate employees of the Departments of Public Works, Buildings and Grounds (except janitors), wa�Cl) Paramedic Service, Building Inspection, Human Services drivers, and all sworn personnel for the moo Sheriffs Office. All other departments should identify on the personnel requisition form those N^o positions that will require driving a County vehicle so that a motor vehicle records check may be conducted for personnel employed for those positions. It takes approximately two (2) weeks to aria^ complete the checks. In order not to hold up employment for those positions, individuals employed N will be required to sign a statement of understanding to the effect that driving of County vehicles is a requirement for the position and a poor driving record will be grounds for dismissal as a part �f2 of the regular probation period. �eis e`o 2007-3424 PAGE 12 ORD2007-6 Amend Sec. 2-6-180. Miscellaneous vehicle policies. A - No change. B. Laws. Drivers of County vehicles shall abide by all applicable laws regarding operation of motor vehicles. Remainder of Section - No change. Amend Sec. 2-7-10. Introduction. In accordance with the Board of County Commissioners'policy,adopted December 17, 1979, concerning use of County vehicles, the assignments and garaging have been determined. Other than vehicles approved by the Board of County Commissioners for residence garaging,all vehicles should be garaged at a County facility designated by the Equipment Service Manager. Amend Sec. 2-7-40. Residence garaging. A. Residence garaging is permitted for vehicles assigned directly to a designated classification or position within a department where it has been determined by the Board of County Commissioners that it is in the interest of the County to allow daily residence garaging because the job assignment requires availability of the vehicle by the operator potentially on call at all times for County service. Only positions specifically designated by the Board of County Commissioners are permitted permanent residence garaging.The Controller shall, at all times, maintain a current authorization list of positions designated by the Board. Amend Sec. 2-8-10. Scope. This Article shall apply to all personal property acquired or held by the Sheriff during the normal course of his or her duties, or those of his or her deputies, and under circumstances supporting a reasonable belief that such property was abandoned, lost, confiscated, stolen or otherwise illegally possessed, including, but not limited to property left on public or private property, ;, in abandoned vehicles or at vehicle accident locations, unclaimed property obtained by a search o and seizure,and unclaimed property used as evidence in any criminal trial. This Article supercedes • the requirements of Sections 38-13-101, et seq., and 42-13-101, et seq., C.R.S. This Article shall not apply to the disposition of seized personal property pursuant to the terms of the provisions of =-13c�o the following state statutes: (1) State of Colorado's Abatement of Public Nuisance, Sections .6 • 16-13-301, et seq., C.R.S.; (2) Colorado Contraband Forfeiture Act, Sections 16-13-501, et seq., - 2 C.R.S.; (3) Sections 12-55.5-110, et seq., C.R.S.; or (4) the civil actions portion of the Colorado C I Organized Crime Control Act, Sections 18-17-101, et seq., C.R.S. =v Amend Section 2-8-20. Definitions. en T,7 Personal property means everything that is the subject of ownership, which is not real co 5 o property. Personal property includes all tangible property. pro N o Tangible personal property means property which can be seen and touched, and includes, =mob but is not limited to: —— 4 cc co^ a. Electrical and/or computer equipment; —n a,— co 0 LO 2007-3424 PAGE 13 ORD2007-6 b. Weapons; c. Money; d. Precious metals or stones and jewelry; e. Coins or money with a special numismatic value; f. Contraband; or g. Other items of special value or nature as the Sheriffs office may determine, from other departments or agencies of the County. Last known address means a description of the location of the apparent owner sufficient for the purpose of the delivery of mail. Owner or presumed owner means a person having a legal or equitable interest in property subject to this article or his/her legal representative. Person means an individual,business association state or other government,governmental subdivision, or agency, public corporation, public authority, trust, estate, two or more persons having a joint or common interest, or any other legal or commercial entity. Unclaimed and/or Abandoned Property means all property reasonably believed to have been abandoned, lost, confiscated, stolen, or otherwise illegally possessed, and includes, but is not limited to, property left in abandoned vehicles or at vehicle accident locations, unclaimed property obtained by a search and seizure, and unclaimed property used as evidence in a criminal trial, except for such other personal property as shall be disposed of in a different manner in accordance with the laws of the State of Colorado. Property shall be considered to be unclaimed and/or abandoned whenever an owner of property fails to claim property of property, or whenever the identity of the owner cannot be determined by exercise of reasonable inquiry and effort. — D Amend Sec. 2-8-30. Authority of Sheriff to take and hold property. - CC The Sheriff shall have authority to take possession of any personal property which is E c confiscated by the Sheriff or any or his or her deputies, or which is delivered to the Sheriff by any ;, other law enforcement agencies, or property which is believed by the Sheriff to have been —'r3 abandoned, lost, stolen or otherwise illegally possessed. The Sheriff shall not be required to d accept any lost,confiscated,stolen or abandoned property not listed in Section 2-8-20,above,such —t o as food, clothing, books,furniture, or household items, etc.Whenever any Weld County employee comes into possession of personal property which said employee reasonably believes to be d unclaimed and/or abandoned, lost, or stolen property, or property which has been properly seized r ti by or on behalf of the County, said employee shall contact the Sheriff within twenty-four(24)hours =o 0 of having come into possession of said property to inform the Sheriff. The Sheriff shall within three nc (3) days arrange to take possession of said property. I �no Amend Sec. 2-8-40. Appointment of custodian. T G ec The Sheriff shall designate a deputy to act as custodian of all lost, confiscated, abandoned, O,OD and/or stolen personal property coming into the possession of the Sheriffs Office. N- G -100 2007-3424 PAGE 14 ORD2007-6 Amend Sec. 2-8-50. Custodian's responsibilities. It shall be the responsibility of the custodian to keep a record of all property which comes into the possession of the Sheriffs Office. The record shall include the following information: the date and place of the finding, recovery, or delivery of the property, any serial number, a description of the property, the name and address of all claimants, the method of disposition of all property, (whether by sale,destruction, return to owner or other disposition),and written receipts for property as required by this Article. In addition, the custodian shall cause the property to be safely stored until disposal, unless otherwise required by this Article. Repeal and Re-enact as follows, Sec. 2-8-60. Disposition of tangible personal property. A. Procedure for disposition of personal property where the owner's identification is determinable or known. 1. Upon taking possession of tangible personal property, the custodian shall make reasonable inquiry and effort to identify and notify the owner or person entitled to possession thereof. Reasonable notice shall consist of written notice sent by certified mail to the last know address of the presumed owner, which shall include the following information: a. Address and telephone number of Sheriffs custodian. b. Location of storage of property. c. Detailed description of property. d. Reason for which property is held in custody. 2. The custodian shall notify the owner that the property will be disposed of in twenty (20) days if the property is not claimed prior to that date. 0 3. The Sheriff shall use reasonable judgment in evaluating a claim of ownership. The information set forth in the preceding paragraphs will be m sent to the presumed owner or person entitled to possession of the property. y a •a 4. If the presumed owner or person entitled to possession of the property 0 provides reasonable and satisfactory proof of ownership or right to �c possession of the property, and reimburses the Sheriff for all reasonable d f expenses of custody and handling, the property shall be returned to the o m owner or person entitled to possession at any time before a sale at public e , auction. _T -tea B. Procedure for property held as evidence. i-o OrMNo 1. All personal property seized and held as evidence for use in any pending =r o or anticipated criminal proceeding shall be held until the final disposition of " the proceeding, including appeals, or the lapse for filing of appeals, unless =I= ; a court having jurisdiction or the prosecuting attorney authorize otherwise. mTh-al� Thereafter, unless otherwise ordered by a Court having jurisdiction, the custodian shall dispose of the property as set forth in the provisions of this Article. 2007-3424 PAGE 15 ORD2007-6 2. Upon application to the prosecuting attorney by the custodian, confiscated money which has no intrinsic evidentiary value or numismatic value, may be deposited into the Sheriff's custodial fund until final disposition of charges, and shall thereafter be disposed of as set forth in the provisions of this Article. C. Disposition of property where identity of owner is unknown. 1. If the identity or location of the owner or person entitled to possession of the property has not been ascertained within ninety(90)days, or six(6)months in the case of property believed to be stolen or otherwise illegally possessed, the property shall escheat to the County and the owner or person entitled to possession of the property shall be forever barred from any and all claim or right to such property or the proceeds thereof. 2. If the Sheriff finds that any unclaimed property may be used by his or her department or by other department of the County in the performance of its duties, such property may be held and utilized by the Sheriffs office until such time that it is no longer needed and then disposed of, as set forth in paragraphs C. 3. through C. 10. of this Section, below. The Sheriff shall seek the approval of the Board of County Commissioners as set forth in Section 2-8-80 below, and shall provide annually a list of all such property so utilized. 3. All property which cannot be utilized by the Sheriff or other County department shall be sold by the Sheriff. It shall be the duty of the Sheriff to sell all such unclaimed property at the highest and best price which the same shall bring in cash, and to receive from the purchaser of each and every article the amount paid by such purchaser for the same. The Sheriff tv shall advertise the auction at least one time in a newspaper of general •Emoo circulation, at least ten (10) days prior to the auction, giving the location, time, and date of the auction and a brief description of the property offered. mim ea Ea u 4. Unclaimed property consisting of jewelry, gems, watches, precious metals, 5 coins having special numismatic value, or other property having unique e value may, in the discretion of the Sheriff, be sold either at auction or to the Mel.' o highest bidder after solicitation of sealed bids from at least three(3)dealers momd in that particular type of property. E H 5. The Sheriff shall be reimbursed for all costs associated with the sale of the o property, including, but not limited to, costs associated with advertisements, —mim�o auctioneer's fees, legal notices and transportation of the property. mim a[In o 6. Any toys, including bicycles, tricycles, and other articles made for use by children,which have escheated to the County may be offered at a separate mom x public auction, at which to the extent possible, participation by dealers shall p cr•, be discouraged. Any articles remaining after the auction shall be delivered g o by employees of the Sheriff to the Department of Human Services for distribution to individuals and charitable organizations. 7. Unclaimed firearms which the Sheriff finds cannot be utilized in the performance of the duties of the Sheriffs office shall be either abandoned 2007-3424 PAGE 16 ORD2007-6 to the United States Bureau of Alcohol Tobacco and Firearms, or shall be destroyed. 8. If it is unlawful for a person to possess a particular item of property, then such personal property shall not be sold or donated, but shall be either destroyed, or if feasible, used by the Sheriff to carry out the normal duties and responsibilities of his/her office. If the Sheriff wishes to convert any such property to use by his/her office, the Sheriff shall seek the approval of the Board of County Commissioners in each instance, and shall report the use of all such property annually. 9. If any property which is seized or taken into possession by the Sheriff is of a perishable nature, or is so bulky or of such a nature as to make it dangerous, or undesirable to retain possession thereof, the Sheriff shall, in the exercise of his/her best judgment, either destroy the property or shall cause the property to be forthwith advertised for sale in a newspaper of general circulation, and shall sell the property any time at least three days following the date of publication. 10. Unclaimed property of no value shall be held for ninety(90)days and, if still unclaimed, the Sheriff may either destroy or otherwise dispose of said property without placing it for sale. Amend Sec. 2-8-70. Approval of the Board of County Commissioners. The owner or person entitled to possession of the property may claim and recover possession of the property at any time before a sale at public auction upon providing reasonable and satisfactory proof of ownership or right to possession and after reimbursing the Sheriff for all ;, reasonable expenses of custody and handling thereof. Whenever the Sheriff or the personnel of o any other department of the County determines that an item of unclaimed personal property can be utilized by said department, the Sheriff or other Department head shall apply to the Board of mm- cc — ,s County Commissioners for approval to retain and to use said items of personal property. mcm Repeal and Re-enact as follows, Sec. 2-8-80. Report to Board of County Commissioners. =- = e �`' a- A. When a sale of property has been completed, it shall be the duty of the Sheriff to , make a report to the Board of County Commissioners giving in detail, a description of the articles sold and the amount of money received for each of the articles, and r- n at the same time to turn over to the Board of County Commissioners for deposit into -vit ..m�; the general fund all money which has come into his or her hands as the proceeds 0 . of the sale. ,a c a, B. The Sheriffs Office and each department of the County which retains unclaimed =^o property for use shall file an annual report listing such property, and identifying any °c such property which has become unusable and discarded during the preceding �02 m year. —� gi`o r3 N. Delete Sec. 2-8-90. Conduct of auction. Delete Sec. 2-8-100. Report to Board of County Commissioners. 2007-3424 PAGE 17 ORD2007-6 Delete Sec. 2-8-110. Property unlawful to possess. Delete Sec. 2-8-120. Perishable property. Amend Sec. 2-9-90. Critical County facilities. The following is a list of County buildings that are essential to County operations during a storm and must be given the highest priority of services, staffing and snow removal: A through E - No change. F. Paramedic Service for Greeley, Evans and Fort Lupton. G. Weld County Business Park administrative buildings. H. Southwest Weld building. Southeast Weld building. Amend Sec. 2-9-100. Four-wheel drive vehicles. A through C - No change. D. All non-County 4x4 vehicles should be equipped with a communications device. Amend Sec. 2-9-120. Duties and responsibilities by department. Each County agency is assigned the following duties during a snow emergency: A through E - No change. a o F. Buildings and Grounds: CC ad 1. Maintain snow removal operations all County facilities. 2 through 3 - No change. = � 0 9 o G. Paramedic Service: adi au Remainder of Section - No change. Ry �o g Amend Sec. 2-12-30. Collect calls by employees. o oA - No change. NO o Amend Sec. 2-12-40. County owned cellular phones, cellular personal digital assistants IMMR °C ("PDA's"), or aircards. OD =I=co,M •••t o Any department or office needing a cellular phone, cellular personal digital assistant f ("PDA"), or aircard will complete the appropriate request form, available through the Department of Phone Services. On the form the department shall indicate the service requested and the justification. The Department of Phone Services will identify the costs to acquire and operate the 2007-3424 PAGE 18 ORD2007-6 device and make a recommendation to the Director of Finance and Administration concerning the request.The Director of Finance and Administration will then make a recommendation to the Board of County Commissioners. The Board of County Commissioners will then approve or disapprove the request. Only those requests approved by the Board of County Commissioners will be permitted to acquire a cellular phone, cellular personal digital assistant ("PDA"), or aircard with County funds. Insert a new Sec. 2-12-50 as follows, and renumber current paragraphs 2-12-50 through 2-12-130 accordingly. Sec. 2-12-50. Privately owned cellular personal digital assistants ("PDA's"). Employees who wish to purchase personal digital assistant("PDA")to access County data are required to attain department head approval prior to obtaining such access. Employees do not have a right to privacy in such communications and information, even though it resides on privately owned devices. If the device is lost, stolen or no longer used, the employee must report the same to the Information Services Department immediately. Amend Sec. 2-12-80. Employee carpooling. It is the policy of the County to encourage all County employees to enter into carpooling arrangements with other employees for transportation to and from work,to the end that energy may be conserved. Amend Sec. 2-12-140. Policy for use of meeting rooms. A. It is the policy of the Board of County Commissioners to allow use of the meeting room at the Southwest and Southeast Weld County Services Centers on a cost basis to community groups when such does not interfere with regular County-sponsored activities. B and C - No change. ME o C•3 D. Use of the meeting room. - x = ea ` 1. All groups sponsoring meetings in the meeting room shall schedule use of the room through the Weld County Human Resources Department, Weld _ = County Centennial Center, 915 10th Street, Greeley, Colorado (970) Ira� d 336-7220. .o `o Amend Sec. 2-13-40. Issuance of addresses. y MEE 4 o Addresses shall only be issued for locations within the unincorporated areas of the County mEN o where structures are being constructed or power poles erected and which necessitate the issuance �,�o of building or electrical permits by the Department of Building Inspection. Addresses shall also be moo issued to all lots in subdivisions, minor subdivisions and Recorded Exemptions within 30 days of o being recorded in the offices of the Weld County Clerk and Recorder. All issued addresses shall �c7.Tcc be transmitted forthwith to the GIS Department for inclusion into the Weld County Address r- Database. To be issued an address, the location must be a legal lot (defined in Section 23-1-90 � o of this Code) served by an approved access, as such term is defined in Section 2-13-50 of this Article. Only one(1) address will be issued per legal lot, except where more than one (1)address is justified, as determined by the Department of Planning Services. 2007-3424 PAGE 19 ORD2007-6 Amend Sec. 2-13-70. Rules for issuance of addresses in County. A through G - No change. H. Addresses for legal lots located within subdivisions or planned unit developments ("PUDs") shall be issued in accordance with the following rules. 1. Interior street names in subdivisions and PUDs shall be approved in the course of the land use approval process, according to the following guidelines: a - No change. b. Street names should be considered so as to avoid misinterpretation or emergency dispatch errors, either within the County or in any Weld County jurisdictions. c - No change. d. Street names will not contain hyphens, apostrophes or other extraordinary characters. Remainder of Section - No change. Amend Sec. 2-14-60. Model Service Plan. A. The Weld County Model Service Plan has been developed consistent with these policies and is found in Appendix 2-C of this Code. 8 Remainder of Section - No change. �c°a Repeal and Reenact APPENDIX 2-B -ATTACHED m -t" Repeal and Reenact APPENDIX 2-C - ATTACHED = e — o U --o o Delete APPENDIX 2-D d° BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, r directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the g4 amendments contained herein, to coincide with chapters, articles, divisions, sections, and C n c sub sections as they currently exist within said Code; and to resolve any inconsistencies regarding �N o capitalization, grammar,and numbering or placement of chapters, articles, divisions,sections,and r, . sub-sections in said Code. =moo — or ,� 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 =-Es 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. 2007-3424 PAGE 20 ORD2007-6 The above and foregoing Ordinance Number 2007-6 was, on motion duly made and seconded, adopted by the following vote on the 5th day of November, A.D., 2007. BOARD OF COUNTY COMMISSIONERS / a EL OUNTY, COLORADO ATTEST: aa( iedi vid E. Long, Chair Weld County Clerk to the t2n V( )W�ill�iam H. , Pro-Tem Dep Cler o the Board ll,A William F. Garcia APPROVED AS TO FORM: _&. 61N/n Robert D. Masden ri 21t 0/ Asst CouqtyAtt.r ey �qp ��+++ ,,,v.i-ar- DouglasSRademacher 1 First Reading: September 24, 2007 Publication: October 3, 2007, in the Fort Lupton Press Second Reading: October 15, 2007 Publication: October 24, 2007, in the Fort Lupton Press Final Reading: November 5, 2007 Publication: November 14, 2007, in the Fort Lupton Press Effective: November 19, 2007 11111111111111111111111 1111 1111111 III 1111111111111 3523973 12/17/2007 03:14P Weld County, CO 21 of 37 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2007-3424 PAGE 21 ORD2007-6 APPENDIX 2-B Weld County District Policy Schedule A Biennial Adjustments to Minimum Assessed Value Requirements. Effective January 1 of each year. Year Adjusted Minimum District Assessed Value 2008 $2,150,000.00 2010 2,300,000.00 2012 2,450,000.00 2014 2,600,000.00 2016 2,750,000.00 2018 2,900,000.00 2020 3,050,000.00 2022 3,200,000.00 2024 3,350,000.00 2026 3,500,000.00 2028 3,650,000.00 Note: Although the Board of County Commissioners has the authority and right to adjust the foregoing schedule at any time, it is recommended that the adequacy of this Schedule A be specifically addressed in 2028. 1111111111111111111111111111111111151111111111 I I II I I 3523973 12/17/2007 03:14P Weld County, CO 22 of 37 R 0.00 O 0.00 Steve Moreno Clerk& Recorder 2007-3424 PAGE 22 ORD2007-6 APPENDIX 2-C MODEL SERVICE PLAN FOR METROPOLITAN DISTRICT WELD COUNTY, COLORADO Prepared by: [NAME OF PERSON OR ENTITY] [ADDRESS] [ADDRESS] [DATE] Note: this Model Service Plan is made available by the Weld County Department of Planning Services. In accordance with County Code Section 2-14-60, all service plans submitted to Weld County should follow the basic outline, form, sequence and structure of this Model Service Plan. Where possible, service plans submitted to the County should duplicate the language contained herein. For districts whose primary revenue source is ad valorem property taxes, district formation will not be favorably received where the future assessed value of all property within the proposed district is projected to be less than two million dollars ($2,000,000.00) at full build-out. 1 11111111111 111111 11111 111110111111111 III 1111111111111 3523973 12/17/2007 03:14P Weld County, CO 23 of 37 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2007-3424 PAGE 23 ORD2007-6 TABLE OF CONTENTS I. INTRODUCTION 1 A. Purpose and Intent 1 B. Need for the District 1 C. Objective of the County Regarding District's Service Plan 1 II. DEFINITIONS 2 III. BOUNDARIES 4 IV. PROPOSED LAND USE AND ASSESSED VALUATION 4 V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES 4 A. Powers of the District and Service Plan Amendment 4 1. Operations and Maintenance Limitation 5 2. Construction Standards Limitation 5 3. Privately Placed Debt Limitation 5 4. Inclusion Limitation 5 5. Initial Debt Limitation 6 6. Total Debt Issuance Limitation 6 7. Monies from Other Governmental Sources 6 8. Consolidation Limitation 6 9. Eminent Domain Limitation 6 10. Service Plan Amendment Requirement 6 B. Primary Infrastructure Plan 7 VI. FINANCIAL PLAN 7 A. General 7 B. Maximum Voted Interest Rate and Maximum Underwriting Discount 8 C. Maximum Debt Mill Levy 8 D. Maximum Debt Mill Levy Imposition Term 8 E. Debt Repayment Sources 9 F. Security for Debt 9 — 0 G. TABOR Compliance 9 H. District's Operating Costs 9 CC I. Elections 10 d VII. ANNUAL REPORT 10 �" A. General 10 = a B. Reporting of Significant Events 10 =9 0 - d VIII. DISSOLUTION 11 , N rill) PROPOSED AND EXISTING INTERGOVERNMENTAL AGREEMENTS AND EXTRATERRITORIAL SERVICE AGREEMENTS 11 -o� X. MATERIAL MODIFICATIONS 11 0 EN O ^O .c XI. CONCLUSION 12 — n -MM - 0 2007-3424 -- N PAGE 24 ORD2007-6 LIST OF EXHIBITS EXHIBIT A Legal Descriptions EXHIBIT B Vicinity Map EXHIBIT C-1 Initial District Boundary Map EXHIBIT C-2 Inclusion Area Boundary Map EXHIBIT D Primary Infrastructure Plan EXHIBIT E Map Depicting Public Improvements EXHIBIT F Financial Plan 1 Ill 11111\\\I\IIIIIliiiIIII1111111IIIIIIIIIIIIIll 3523973 12117/2007 25 of 37 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2007-3424 PAGE 25 ORD2007-6 I. INTRODUCTION A. Purpose and Intent. The District is an independent unit of local government, separate and distinct from the County, and,except as may otherwise be provided for by State or local law or this Service Plan, its activities are subject to review by the County only insofar as they may deviate in a material matter from the requirements of this Service Plan. It is intended that the District will provide a part or all of the Public Improvements for the use and benefit of all anticipated inhabitants and taxpayers of the District.The primary purpose of the District will be to finance the construction of these Public Improvements. The District is not being created to provide ongoing operations and maintenance services other than as specifically set forth in this Service Plan. This Service Plan has been prepared in accordance with Article XIV of Chapter 2 of this Code. B. Need for the District. There are currently no other governmental entities, including the County, located in the immediate vicinity of the District that consider it desirable,feasible or practical to undertake the planning,design, acquisition, construction installation, relocation, redevelopment, and financing of the Public Improvements needed for the Project. Formation of the District is therefore necessary in order for the Public Improvements required for the Project to be provided in the most economic manner possible. C. Obiective of the County Regarding District's Service Plan. The County's objective in approving the Service Plan for the District is to authorize the District to provide for the planning,design,acquisition,construction, installation, relocation and redevelopment of the Public Improvements from the proceeds of Debt to be issued by the District. All Debt is expected to be repaid by taxes imposed and collected for no longer than the Maximum Debt Mill Levy Imposition Term and at a tax mill levy no higher than the Maximum Debt Mill Levy. Debt which is issued within these parameters (as further described in the Financial Plan) will d insulate property owners from excessive tax burdens to support the servicing of the Debt and will o result in a timely and reasonable discharge of the Debt. This Service Plan is intended to establish a limited purpose for the District and explicit financial constraints that are not to be violated under any circumstances. The primary purpose is to provide for the Public Improvements associated with the Project and those regional 5 G improvements necessitated by the Project. Ongoing operational and maintenance activities are Co allowed, but only as specifically addressed in this Service Plan, and only to the extent that the raz2 District has sufficiently demonstrated that such operations and maintenance functions are in the g best interest of the County and the existing and future residents and taxpayers of the District. In es- - no case shall the mill levies imposed by the District for debt service and operations and smo maintenance functions exceed the Aggregate Mill Levy Cap. o . o o It is the intent of the District to dissolve upon payment or defeasance of all Debt o incurred or upon a court determination that adequate provision has been made for the payment of =r- --a; all Debt, and, if the District has authorized operating functions under this Service Plan, to retain ac only the power necessary to impose and collect taxes or fees to pay for costs associated with said =m operations and maintenance functions. � �lE3 N 2007-3424 PAGE 26 ORD2007-6 The District shall be authorized to finance the Public Improvements that can be funded from Debt to be repaid from tax revenues collected from a mill levy which shall not exceed the Maximum Debt Mill Levy and which shall not exceed the Maximum Debt Mill Levy Imposition Term. It is the intent of this Service Plan to assure to the extent possible that no taxable property bear an economic burden that is greater than that associated with the Maximum Debt Mill Levy in amount and that no property bear an economic burden that is greater than that associated with the Maximum Debt Mill Levy Imposition Term in duration, even under bankruptcy or other unusual situations. Generally, the costs of Public Improvements that cannot be funded within these parameters are not costs to be paid by the District. II. DEFINITIONS In this Service Plan, the following terms shall have the meanings indicated below, unless the context hereof clearly requires otherwise: Apgreeate Mill Levy Cap: means the maximum aggregate mill levy the District is permitted to impose for debt service and operations and maintenance, as set forth in Section VI.H below. Approved Development Plan: means a development plan or other process established by the County(including, but not limited to, approval of a Planned Unit Development final plan or Subdivision final plat by the BOCC) for identifying, among other things, Public Improvements necessary for facilitating development for property within the Service Area as approved by the County pursuant to the County Code and as amended pursuant to the County Code from time to time. Board: means the Board of Directors of the District. BOCC: means the Board of County Commissioners of the County of Weld, Colorado. Bond, Bonds or Debt: means bonds or other obligations for the payment of which the District has promised to impose an ad valorem property tax mill levy. County: means the County of Weld, Colorado. o County Code: means the Weld County Code, as the same may be amended from time to =o.a time. -V Y z.� District: means the Metropolitan District. - = 0 �U N - o External Financial Advisor: means a consultant that: (1) advises Colorado governmental entities on matters relating to the issuance of securities by Colorado governmental entities, - d including matters such as the pricing, sales and marketing of such securities and the MIM procuring of bond ratings, credit enhancement and insurance in respect of such securities; o (2) shall be an underwriter, investment banker, or individual listed as a public finance — c advisor in the Bond Buyer's Municipal Market Place; and (3) is not an officer or employee o G of the District. o Financial Plan: means the Financial Plan described in Section VI which is prepared by an reExternal Financial Advisor in accordance with the requirements of the County Code and noi describes (a) how the Public Improvements are to be financed; (b) how the Debt is Lo OD CM 2007-3424 PAGE 27 ORD2007-6 expected to be incurred; and (c) the estimated operating revenue derived from property taxes for the first budget year. Inclusion Area Boundaries: means the boundaries of the area described in the Inclusion Area Boundary Map, if any. Inclusion Area Boundary Map: means the map attached hereto as Exhibit C-2, describing the property proposed for inclusion within the District (if any) in the future. Initial District Boundaries: means the boundaries of the area described in the Initial District Boundary Map. Initial District Boundary Map: means the map attached hereto as Exhibit C-1, describing the District's initial boundaries. Map Depicting Public Improvements: means the map or maps attached hereto as Exhibit E, showing the location(s) of the Public Improvements listed in the Primary Infrastructure Plan. Maximum Debt Mill Levy: means the maximum mill levy the District is permitted to impose for payment of Debt as set forth in Section VI.C below. Maximum Debt Mill Levy Imposition Term: means the maximum term for imposition of a mill levy as set forth in Section VI.D below. Primary Infrastructure Plan: means the Primary Infrastructure Plan described in Section V.B. which includes: (a) a list of the Public Improvements to be developed by the District; and (b) an estimate of the cost of the Public Improvements. Project: means the development or property commonly referred to as Public Improvements: means a part or all of the improvements authorized to be planned, G designed, acquired, constructed, installed, relocated, redeveloped and financed as generally described in the Special District Act, except as specifically limited in Section V re w below to serve the future taxpayers and inhabitants of the Service Area as determined by rim f-.14-, the Board of the District. -U2 Service Area: means the property within the Initial District Boundary Map and the Inclusion ,e• o Area Boundary Map. __d2 —3 Service Plan: means this service plan for the District approved by the BOCC. dN �To Service Plan Amendment: means an amendment to the Service Plan approved by the BOCC in accordance with applicable state law. —1-c-csi 9. Special District Act: means Section 32-1-101, et seq., of the Colorado Revised Statutes, r o as amended from time to time. p ,r T CO i State: means the State of Colorado. O4 o —(;a, Total Debt Issuance Limitation: means the total Debt the District is authorized to issue, as —"N set forth in Section V.A.6 and supported by the Financial Plan. 2007-3424 PAGE 28 ORD2007-6 III. BOUNDARIES The area of the Initial District Boundaries includes approximately acres and the total area proposed to be included in the Inclusion Area Boundaries is approximately acres. A legal description of the Initial District Boundaries and the Inclusion Area Boundaries is attached hereto as Exhibit A.A map of the Initial District Boundaries is attached hereto as Exhibit C-1, and a map of the Inclusion Area Boundaries is attached hereto as Exhibit C-2. A vicinity map is attached hereto as Exhibit B. It is anticipated that the District's Boundaries may change from time to time as it undergoes inclusions and exclusions pursuant to Section 32-1-401, et seq., C.R.S.,and Section 32-1-501,et seq., C.R.S., subject to the limitations set forth in Article V, below. IV. PROPOSED LAND USE AND ASSESSED VALUATION The Service Area consists of approximately _ acres of land. The current assessed valuation of the Service Area is assumed to be $ for purposes of this Service Plan and, at build out, is expected to be sufficient to reasonably discharge the Debt as demonstrated in the Financial Plan. Approval of this Service Plan by the County does not imply approval of the development of a specific area within the District, nor does it imply approval of the number of residential units or the total site/floor area of commercial or industrial buildings which may be identified in this Service Plan or any of the exhibits attached thereto, unless the same is contained within an Approved Development Plan. V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES A. Powers of the District and Service Plan Amendment. The District shall have the power and authority to provide the Public Improvements within and without the boundaries of the District as such power and authority is described in the Special District Act, and other applicable statutes, common law and the State Constitution, subject — , to the limitations set forth herein. — o — v CC If, after the Service Plan is approved, the State Legislature includes additional Y powers or grants new or broader powers for Title 32 districts by amendment of the Special District mow" ;, Act, no such powers shall be available to or exercised by the District unless the District publishes - " forty-five day notice and provides written notice to the BOCC pursuant to Section 32-1-207(3)(b), �� g C.R.S. If, within forty-five (45) days of the publication of such notice, the BOCC expresses to the _I= o District a written objection to the proposed exercise of such new or broader power(s), then the a3, exercise of the same by the District without the prior written consent of the BOCC shall be =ma y considered a material modification of the Service Plan and shall be resolved in accordance with ;1 Section 32-1-207(2), C.R.S. ,00 1. Operations and Maintenance Limitation.The purpose of the District is to plan hoc for, design, acquire, construct, install, relocate, redevelop and finance the Public Improvements. 0 m N S The District shall dedicate the Public Improvements to the County or other appropriate jurisdiction C N re or owners association in a manner consistent with the Approved Development Plan,other rules and regulations of the County, and applicable provisions of the County Code. The District shall not be authorized to operate and maintain any part or all of the Public Improvements, unless specifically o provided for and identified with particularity in this Service Plan. 2007-3424 PAGE 29 ORD2007-6 2. Construction Standards Limitation. The District will ensure that the Public Improvements are designed and constructed in accordance with the standards and specifications of the County and of other governmental entities having proper jurisdiction, as applicable. The District will obtain all applicable permits for construction and installation of Public Improvements prior to performing such work. 3. Privately Placed Debt Limitation. Prior to the issuance of any privately placed Debt, the District shall obtain the certification of an External Financial Advisor substantially as follows: We are [I am] an External Financial Advisor within the meaning of the District's Service Plan. We [I] certify that (1) the net effective interest rate (calculated as defined in Section 32-1-103(12), C.R.S.)to be borne by the District for the [insert the designation of the Debt] does not exceed a reasonable current[tax-exempt] [taxable]interest rate, using criteria deemed appropriate by us[me]and based upon our[my]analysis of comparable high yield securities; and (2) the structure of [insert designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. 4. Inclusion Limitation. The District shall not include within its boundaries any property outside the Service Area without the prior written consent of the BOCC. Inclusions or exclusions not described in this Service Plan shall require forty-five(45)day notice publication and written notice to the BOCC pursuant to Section 32-1-207(3)(b), C.R.S. If, within forty-five days of the publication of such notice, the BOCC expresses to the District a written objection to the proposed inclusion or exclusion, then the proposed inclusion or exclusion shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32-1- 207(2), C.R.S. 0 5. Initial Debt Limitation. Prior to the effective date of approval of an Approved Development Plan relating to development within the Service Area, the District shall not: (a) issue 0 Y any Debt; (b) impose a mill levy for the payment of Debt by direct imposition or by transfer of funds —" ;, from the operating fund to the Debt service funds; or(c) impose and collect any fees used for the 5 purpose of repayment of Debt. g C E 6. Total Debt Issuance Limitation. The District shall not issue Debt in excess m- .c of$ . To the extent the District seeks to modify the Total Debt Issuance Limitation, - E it shall proceed in accordance with Section 2-14-200) of the County Code. ='N 0 7. Monies from Other Governmental Sources. The District shall not apply for o or accept Conservation Trust Funds,Great Outdoors Colorado Funds,or other funds available from —o c or through governmental or non-profit entities for which the County is eligible to apply for, except mm_�o pursuant to an intergovernmental agreement with the County. This Section shall not apply to _1 o specific ownership taxes which shall be distributed to and a revenue source for the District without ��°C any limitation. S r m0, �c 0 8. Consolidation Limitation. The District shall not file a request with any Court g m to consolidate with another Title 32 district without the prior written consent of the County. 2007-3424 PAGE 30 ORD2007-6 9. Eminent Domain Limitation.The District shall not exercise its statutory power of eminent domain,except as may be necessary to construct, install,access, relocate or redevelop the Public Improvements identified in the Primary Infrastructure Plan. Any use of eminent domain shall be undertaken strictly in compliance with State law. Any proposed use of eminent domain for a purpose other than as may be necessary to complete the Public Improvements identified in the Primary Infrastructure Plan shall require forty-five(45)day notice publication and written notice to the BOCC pursuant to Section 32-1-207(3)(b), C.R.S. If, within forty-five days of the publication of such notice, the BOCC expresses to the District a written objection to the proposed use of eminent domain by the District, then the proposed use of eminent domain shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32-1-207(2), C.R.S. 10. Service Plan Amendment Requirement. This Service Plan is general in nature and does not include specific detail in some instances because development plans have not been finalized. The Service Plan has been designed with sufficient flexibility to enable the District to provide required services and facilities under evolving circumstances without the need for numerous amendments. Modification of the general types of services and facilities making up the Public Improvements, and changes in proposed configurations, locations or dimensions of the Public Improvements shall be permitted to accommodate development needs consistent with the then-current Approved Development Plan(s)for the Project. The District is an independent unit of local government, separate and distinct from the County, and its activities are subject to review by the County only insofar as they may deviate in a material manner from the requirements of the Service Plan.Any action of the District which: (1)violates the limitations set forth in Sections V.A.1- 9 above; or(2)violates the limitations set forth in Section VI.B-H, shall be deemed to be a material modification to this Service Plan, unless otherwise agreed by the County as provided for in Section X of this Service Plan. B. Primary Infrastructure Plan. The District shall have authority to provide for the planning, design, acquisition, construction, installation, relocation, redevelopment, maintenance, and financing of the Public Improvements within and without the boundaries of the District, to be more specifically defined in an Approved Development Plan. The Primary Infrastructure Plan, including: (1)a list of the Public S Improvements to be developed by the District; and (2) an estimate of the cost of the Public c Improvements is attached hereto as Exhibit D.The Map Depicting Public Improvements is attached ✓o Y hereto as Exhibit E. In accordance with Section 2-14-20(L)of the County Code, the Map Depicting d Public Improvements shall be provided to the County in (at minimum) 24" x 36" format. The Map t" Depicting Public Improvements may be reduced as necessary to permit filing of the approved ' d Service Plan with the District Court for and in Weld County, Colorado. - �3 d As shown in the Primary Infrastructure Plan, the estimated cost of the Public y Improvements which may be planned for, designed, acquired, constructed, installed, relocated, ▪r redeveloped, maintained or financed by the District is approximately$ moo - o The District shall be permitted to allocate costs between such categories of the �c Public Improvements as deemed necessary in its discretion. —moo All of the Public Improvements described herein will be designed in such a way as to assure that the Public Improvements standards will be compatible with those of the County and shall be in accordance with the requirements of the Approved Development Plan. All descriptions F- o of the Public Improvements to be constructed, and their related costs, are estimates only and are -02 r, subject to modification as engineering,development plans,economics,the County's requirements, 2007-3424 PAGE 31 ORD2007-6 and construction scheduling may require. Upon approval of this Service Plan, the District will continue to develop and refine the Primary Infrastructure Plan and the Map Depicting Public Improvements, as necessary, and prepare for issuance of Debt. All cost estimates will be inflated to then-current dollars at the time of the issuance of Debt and construction. All construction cost estimates contained in Exhibit D assume construction to applicable local, State or Federal requirements. VI. FINANCIAL PLAN A. General. The District shall be authorized to provide for the planning, design, acquisition, construction, installation, relocation and/or redevelopment of the Public Improvements from its revenues and by and through the proceeds of Debt to be issued by the District. The Financial Plan for the District shall be to issue such Debt as the District can reasonably pay within the Maximum Debt Mill Levy Imposition Term from revenues derived from the Maximum Debt Mill Levy and other legally available revenues. The total Debt that the District shall be permitted to issue shall not exceed the Total Debt Issuance Limitation and shall be permitted to be issued on a schedule and in such year or years as the District determines shall meet the needs of the Financial Plan referenced above and phased to serve development as it occurs. All Bonds and other Debt issued by the District may be payable from any and all legally available revenues of the District, including general ad valorem taxes to be imposed upon all taxable property within the District. The District will also rely upon various other revenue sources authorized by law. These will include the power to assess fees, rates, tolls, penalties, or charges as provided in Section 32-1-1001(1), C.R.S., as amended from time to time. The Total Debt Issuance Limitation is supported by the Financial Plan prepared by (name of External Financial Advisor), attached hereto as Exhibit F. The Financial Plan attached to this Service Plan satisfies the requirements of Section 2- 14-200) of the County Code. B. Maximum Voted Interest Rate and Maximum Underwriting Discount. o mrm re The interest rate on any Debt is expected to be the market rate at the time the Debt moats is issued. In the event of a default, the proposed maximum interest rate on any Debt is not oSm.aC3 expected to exceed fifteen percent (15%). The proposed maximum underwriting discount will be -" five percent (5%). Debt, when issued, will comply with all relevant requirements of this Service -� Plan, State law and Federal law as then applicable to the issuance of public securities. dg C. Maximum Debt Mill Levy. d �fa The "Maximum Debt Mill Levy" shall be the maximum mill levy the District is •o g permitted to impose upon the taxable property within the District for payment of Debt, and shall be G fifty (50) mills; provided that if, on or after January 1, 2006, there are changes in the method of hoc calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; the n omill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to • °C be binding and final) so that to the extent possible, the actual tax revenues generated by the mill •0, levy,as adjusted for changes occurring after January 1,2006,are neither diminished nor enhanced =mai S as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation to assessed valuation shall be deemed to be a change in the method of calculating assessed 2007-3424 PAGE 32 ORD2007-6 valuation. All Debt issued by the District must be issued in compliance with the requirements of Section 32-1-1101, C.R.S. and all other requirements of State law. D. Maximum Debt Mill Levy Imposition Term. The District shall not impose a levy for repayment of any and all Debt (or use the proceeds of any mill levy for repayment of Debt)on any property which exceeds thirty(30) years after the year of the initial imposition of such mill levy to such property unless a majority of the Board are residents of the District and have voted in favor of a refunding of a part or all of the Debt and such refunding will result in a net present value savings as set forth in Section 11-56-101, C.R.S. et seq. The District shall be limited to issuing new Debt within a period of fifteen(15)years from the date of the District's first debt authorization election.The District may issue Debt after the fifteen-year period in order to provide the services outlined in this Service Plan if development phasing is of a duration that makes it impracticable to issue all debt within the fifteen-year period. E. Debt Repayment Sources. The District may impose a mill levy on taxable property within its boundaries as a primary source of revenue for repayment of debt service and for operations and maintenance, to the extent operations and maintenance functions are specifically addressed in this Service Plan. The District may also rely upon various other revenue sources authorized by law. At the District's discretion, these may include the power to assess fees, rates, tolls, penalties, or charges as provided in the Special District Act. In no event shall the debt service mill levy in the District exceed the Maximum Debt Mill Levy. F. Security for Debt. o The District shall not pledge any revenue or property of the County as security for cti the indebtedness set forth in this Service Plan.Approval of this Service Plan shall not be construed co as a guarantee by the County of payment of any of the District's obligations; nor shall anything in c ca the Service Plan be construed so as to create any responsibility or liability on the part of the County �e= in the event of default by the District in the payment of any such obligation. o — = C 0 =D o G. TABOR Compliance. d The District will comply with the provisions of TABOR. In the discretion of the Board, —v' the District may set up other qualifying entities to manage, fund, construct and operate facilities, o services, and programs. To the extent allowed by law, any entity created by the District will remain —e o under the control of the District's Board. pro e $o H. District's Operating Costs. =moo °C The estimated cost of acquiring land, engineering services, legal services and n m administrative services, together with the estimated costs of the District's organization and initial g;o operations, are anticipated to be$ ,which will be eligible for reimbursement 22 from Debt proceeds. In addition to the capital costs of the Public Improvements, the District will require operating funds for administration and to plan and cause the Public Improvements to be operated 2007-3424 PAGE 33 ORD2007-6 and maintained. The first year's operating budget is estimated to be $ which is anticipated to be derived from property taxes and other revenues. The Maximum Debt Mill Levy for the repayment of Debt shall not apply to the District's ability to increase its mill levy as necessary for provision of operation and maintenance services to its taxpayers and service users. The"Aggregate Mill Levy Cap"shall be the maximum mill levy the District is permitted to impose upon the taxable property within the District for payment of Debt and operations and maintenance functions, and shall be sixty-five(65) mills; provided that if, on or after January 1, 2006, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final)so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2006, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation to assessed valuation shall be deemed to be a change in the method of calculating assessed valuation. Although the operations and maintenance mill levy imposed by the District may exceed fifteen (15)mills as part of the Aggregate Mill Levy Cap, the debt service mill levy may not exceed the Maximum Debt Mill Levy. Elections. The District will call an election on the questions of organizing the District, electing the initial Board, and setting in place the proposed financial structure as required by TABOR. The election will be conducted as provided in the Uniform Election Code of 1992,the Municipal Election Code, and TABOR. At least thirty (30) days prior to the District's organizational election, the proposed ballot questions shall be submitted to the County for review to ensure that said ballot questions are in compliance with this Service Plan. E VII. ANNUAL REPORT A. General. The District shall be responsible for submitting an annual report with the mot County Clerk not later than March 1st of each year following the year in which the Order and a.f; Decree creating the District has been issued by the District Court for and in Weld County, g Colorado. a C N � o aim d B. Reporting of Significant Events. �3 = =a ti The annual report shall include information as to any of the following: -T —fig — 1. Boundary changes made or proposed to the District's boundary as of n O December 31 of the prior year. 0 ro 2. Intergovernmental Agreements with other governmental entities, either =c;'cc entered into or proposed as of December 31 of the prior year. n —nom _�� 3. Copies of the District's rules and regulations, if any, as of December 31 of MEM� the prior year. 4. A summary of any litigation which involves the District Public Improvements as of December 31 of the prior year. 2007-3424 PAGE 34 ORD2007-6 5. Status of the District's construction of the Public Improvements as of December 31 of the prior year. 6. A list of all facilities and improvements constructed by the District that have been dedicated to and accepted by the County as of December 31 of the prior year. 7. The estimated assessed valuation of the District for the current year. 8. Current year budget including a description of the Public Improvements to be constructed in such year. 9. Audit of the District's financial statements,for the year ending December 31 of the previous year, prepared in accordance with generally accepted accounting principles or audit exemption, if applicable. VIII. DISSOLUTION Upon a determination of the BOCC that the purposes for which the District was created have been accomplished, the District agrees to file a petition in the District Court in and for Weld County, Colorado, for dissolution, in accordance with the provisions of the Special District Act. In no event shall dissolution occur until the District has provided for the payment or discharge of all of its outstanding Debt and other financial obligations as required pursuant to State statutes. If the District is responsible for ongoing operations and maintenance functions under this Service Plan ("Long Term District Obligations"), the District shall not be obligated to dissolve upon any such BOCC determination. However, should the Long Term District Obligations be undertaken by the County or other governmental entity, or should the District no longer be obligated to perform the Long Term District Obligations, the District agrees to commence dissolution proceedings as set forth above. 0 - D IX. PROPOSED AND EXISTING INTERGOVERNMENTAL AGREEMENTS AND _ °C EXTRATERRITORIAL SERVICE AGREEMENTS =y All such agreements must be for facilities, services and agreements lawfully authorized to — g G be provided by the District, pursuant to the State Constitution, Article XIV, Section 18(2)(a) and C� E Sections 29-1-201, et seq., C.R.S. To the extent practicable, the District may enter into additional Tg intergovernmental and private agreements to better ensure long-term provision of the Public i- g Improvements identified herein. Agreements may also be executed with property owner 0-en associations and other service providers. �=o Any agreements which are required,or known at the time of formation of the District to likely �,..o be required, to fulfill the purposes of the District, must be described in this Service Plan, along with — o supporting rationale. Execution of intergovernmental or extraterritorial agreements by the District —ro that are not described in this Service Plan shall require forty-five (45) day notice publication and =a1 cc written notice to the BOCC pursuant to Section 32-1-207(3)(b), C.R.S. If, within forty-five days of MIM ; the publication of such notice, the BOCC expresses to the District a written objection to the _&•_ proposed agreement(s), then the entry into said agreement(s)without the prior written approval of Wa�� the BOCC shall be considered a material modification of this Service Plan and shall be resolved —°'°' only in accordance with Section 32-1-207(2), C.R.S. 2007-3424 PAGE 35 ORD2007-6 X. MATERIAL MODIFICATIONS Material modifications to this Service Plan may be made only in accordance with Section 32-1-207, C.R.S. All modifications to the written provisions of this Service Plan, whether deemed material or otherwise, must be approved by the County prior to becoming effective,and the District shall not be permitted to unilaterally make such modifications. No modification shall be required for an action of the District which does not materially depart from the provisions of this Service Plan. The District may request from the County a determination as to whether the County believes any particular action constitutes a material departure from the Service Plan, and the District may rely on the County's written determination with respect thereto; provided that the District acknowledges that the County's determination as aforesaid will be binding only upon the County, and will not be binding upon any other party entitled to enforce the provisions of the Service Plan as provided in Section 32-1-207, C.R.S. XI. CONCLUSION It is submitted that this Service Plan for the District, as required by Section 32-1-203(2), C.R.S., and Section 32-1-203(3), establishes that: 1. There is sufficient existing and projected need for organized service in the area to be serviced by the District; 2. The existing service in the area to be served by the District is inadequate for present and projected needs; 3. The District is capable of providing economical and sufficient service to the area within its proposed boundaries; 4. The area to be included in the District does have, and will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; 5. Adequate service is not, and will not be, available to the area through the County or other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time and on a comparable basis; 9 6. The facility and service standards of the District are compatible with the facility and 0 service standards of the County and each municipality which is an interested party under Section =s� 32-1-204(1), C.R.S.; d g 7. The proposal is in substantial compliance the County's Master Plan adopted 9 pursuant to Section 30-28-106, C.R.S.; —_3 8. The proposal is in compliance with any duly adopted County, regional or state long- y range water quality management plan for the area; T - 0 9. The creation of the District is in the best interests of the area proposed to be served; • • o • and - o 10. The creation of the District is in the best interests of the residents and future residents =12 x of the area proposed to be served. t aMM —n O —� 10 2007-3424 PAGE 36 ORD2007-6 XII. RESOLUTION OF APPROVAL The District agrees to incorporate the BOCC's resolution of approval, including any conditions on any such approval, into the Service Plan presented to the District Court for and in Weld County, Colorado. EXHIBIT A - Legal Descriptions EXHIBIT B - Vicinity Map EXHIBIT C-1 - Initial District Boundary Map EXHIBIT C-2 - Inclusion Area Boundary Map EXHIBIT D - Primary Infrastructure Plan EXHIBIT E - Map Depicting Public Improvements EXHIBIT F - Financial Plan 11111111111111111111111111111111111111III11111 Ell IIII 3523973 37 of 37 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2007-3424 PAGE 37 ORD2007-6 PROOF OF PUBLICATION NOTICEOF FORT LUPTON FINAL READING OF ORDINANCE Pursuant STATE OF COLORADO Home Rule Charter, Ordinance Number 2007-6 was introduced on COUNTY OF WELD SS. first reading on September 24, 2007, and a public hearing and second reading was held on October 15. 2007. A public hearing and final reading was completed on November 5. 2007. wan changes being made as listed I, Karen Lambert, do solemnly swear that I below, and on motion duly made and seconded. was adopted. am the Publisher of the Fort Lupton Press; Effective date of said Ordinance is listed below. that the same is a weekly newspaper printed Any oackup material, exhibits or information previously submitted and published in the County of Weld, State to the Board of County Commissioners concerning this of Colorado, and has a general circulation matter may be examined in the office of the Clerk to the Board of therein; that said newspaper has been County Commissioners,iocated in the Weld County Centennial published continuously and uninterruptedly Center. 915 10th Street, Third Floor,Greeley,Colorado,between in said county of Weld for a period of more the hours of 800 a.m. and 5:00 p.m.. Monday thru Friday, or may than fifty-two consecutive weeks prior to the be accessed through the Weld County Web Page first publication of the annexed legal notice (www.co.weld.co.us). E-Mail messages sent to an individual or advertisement; that said newspaper has Commissioner may not be been admitted to the United States mails as included in the case file. To into your E-Mail second-class matter under the provisions of correspondence the case file, please send a copy to egesick@co.weltl.co.us. the act of March 3, 1879, or any ORDINANCE NO.2007-6 amendments thereof, and that said ORDINANCE TITLE: IN THE newspaper is a weekly newspaper duly MATTER OF REPEALING AND REENACTING, WITH qualified for publishing legal notices and AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE advertisements within the meaning of the WELD COUNTY CODE Jaws of the State of Colorado. That the EFFECTIVE DATE:November 19, 2007 annexed legal notice or advertisement was BOARD OF COUNTY published in the regular and entire issue of COMMISSIONERS WELD COUNTY,COLORADO every number of said weekly newspaper for DATED:November 9,2007 the period of 1 consecutive insertion(s); and PUBLISHED:November 14, 2007,in the Fort Lupton Press that the first publication of said notice was in CHANGES MADE TO CODE the issue of newspaper, dated 14th day of ORDINANCE 42007-6 ON FINAL READING November, 2007, and the last on the 14th Amend Sec.2-14-60,to read as day of November, 2007. follows: A. The Weld County Model Service Plan has been developed consistent with these policies and is found in Appendix 2-C of this Code. Remainder of Section - No change. Repeal and Reenact APPENDIX 27B Repeal and Reenact APPENDIX 2?C Delete APPENDIX 27D / yC C-- Publisher. Subscribed and sworn b p0\L.OPF�' 12th day of November, 2007. Cb çAR ,) * bLst ySsiON Ex9` Notary Public. CASE NO.401951 key 47905 Hello