HomeMy WebLinkAbout20073859.tiff CHAPTER 2
Administration
ARTICLE I
Board Procedures
Sec. 2-1-50. Disposition of electronic tapes recordings.
On March 24, 1992, the Board of County Commissioners approved the following
procedure for disposition of electronically taped recordings of meetings and hearings.
State record retention regulations require that taped recordings of Board meetings and
hearings be retained one (1) year plus the current year; however, all tapes recordings will
be retained seven (7) years, plus the current year.
A. At the end of each year, the Clerk to the Board will send a memo to the County
Attorney's office to identify tapes recordings which are scheduled for disposition.
B. The County Attorney's office will identify any specific tapes recordings or
hearings which should be permanently retained due to pending or possible litigation.
C. Tapes Recordings not to be retained will be pulled and destroyed by the Clerk
to the Board's staff, and a list compiled.
Sec. 2-1-60. Referral/response to correspondence.
On June 1, 1998, the Board of County Commissioners established the following
procedure to handle correspondence received by the Clerk to the Board's office. Elected
officials will be given a copy of all correspondence regarding concerns or complaints
pertaining to their departments, and 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:
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.
6. E-mail reply means the department head or elected official replied to an
inquiry for information using e-mail correspondence.
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2007-3859
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.
D. An elected officials'meeting will be held on the second Monday of every other
month at 10:00 a.m. quarterly.
Sec. 2-1-90. Department designations.
Each of the five(5)major departments shall be coordinated by a Commissioner together
with assistance from another Commissioner, both of whom shall be appointed by the
Board of County Commissioners at its first meeting in January each year. The Chair of
the Board of County Commissioners shall be responsible for coordination of the
Departments of Finance, Central Purchasing and Personnel.
A. Department of Finance, Purchasing and Personnel:
1. Finance.
2. Personnel.
3. Information Services
4. Accounting.
5. Clerk to the Board.
6. Budget.
7. Risk Management.
8. Airport.
9. Communications.
10. Contract Administration.
11. Fleet Management.
12. Sanitary Landfills.
13. Purchasing.
14. Buildings and Grounds 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. Ambulance Paramedic Services.
5. Extension Service.
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6. Fair Board.
C. Department of Planning Services:
I. Planning and Zoning.
2. Building Inspection.
3. Board of Adjustment.
4. Planning Commission.
5. Uniform International Building Code Utility Board.
D. Department of Public Works:
1. Road and Bridge.
2. Engineering.
3. Pest and Weeds.
4. Buildings and Grounds.
E. Department of Human Services:
1. Human Services (formerly Human Resources).
2. Human Services Board.
3. Social Services.
Sec. 2-1-110. Authorizations.
C. The Chair of the Board of County Commissioners has standing authority and is
authorized and directed to sign personal service contracts under€rve ten thousand dollars
($5$10,000.00), as well as all equipment maintenance, equipment lease, computer
equipment and software purchase agreements, and any standard letter of
assignment/consent.
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. Authorize 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:
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4-a. All contracts on behalf of the County for personal service
contracts under ten thousand dollars ($10,000.00).
2b. 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).
3c. All contracts on behalf of the County for all equipment
maintenance contracts.
4d. All related contracts and license agreements for computer
hardware and software operating in the County.
5e. 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.
62. 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- , dated , 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 the poliey decision
made in October 1993 to transition off the IBM mainframe computer to a client/server
computer environment under contract with SCT Corporation, and realizing that all
existent computer systems in the County must be migrated to the new environment, either
by redesign or acquisition of new systems, by Resolution#940249 approved March 16,
1994, the Board of County Commissioners adopted the following process for acquisition
of information services systems:
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
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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.
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#2006-09524, the
form of the agreement was updated.
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
Commissioners delegated authority to the HIPAA Privacy Officers,being duly appointed
by the Board, to sign certain agreements for the various Weld County HIPAA plans. By
Resolution#2006-0313, the form of the Agreement was updated.
U. Delegation of authority concerning Weld County Clerk and Recorder
Agreement for Elections Division Facility Usage. The Board of County Commissioners,
on July 9, 2007,by Resolution#2007-1914, approved the standard form for Weld County
Clerk and Recorder Agreement for Elections Division Facility Usage, 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.
V. Delegation of authority concerning Standard Form for Addendum to
Agreement to Purchase Therapeutic Residential Child Care Facility Services/Residential
Child Care Facility Services. The Board of County Commissioners, on August 27, 2007,
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.
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X. Delegation of authority concerning Standard Fonn 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.
Sec. 2-1-160. First readings of ordinances.
B. Pursuant to Section 3-14 of the Home Rule Charter, upon the introduction of
an ordinance, it must be read in its entirety. Because the first reading of ordinances often
takes significant amounts of time at the regular meetings of the Board of County
Commissioners, the Board of County Commissioners, by resolution on 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 the requirements of Section
3-14 of the Home Rule Charter.
1. Upon the majority vote of the Board of County Commissioners and
solely at its discretion, an ordinance may be read for the first reading by the
playing of a tape recording of the ordinance as it is presented for first reading. The
playing of the tape recording shall satisfy the first reading requirements set forth
in Section 3-14 of the Home Rule Charter.
2. Any reading of an ordinance for the first time by the playing of a tape
recording will be conducted in the Board's assembly room or in a room
immediately adjacent thereto. The Chair of the Board shall read into the record
that the first reading will be accomplished by the playing of a tape recording and
will announce where the tape 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 tape recording. All such readings and tape recordings must take
place in the Clerk to the Board's office on tape a recording device approved for
such use by the Clerk. Tapes 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.
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4. All tape recordings of the first readings of ordinances shall be on tapes
recording media provided by and kept in the custody of the Clerk to the Board.
ARTICLE II
General Policies
Sec. 2-2-20. Lobbying policy.
C. In accordance with federal rules and regulations, no federal funds, including
Revenue Sharing, 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 Sections 24 6 301 and 24 6 308, C.R.S.). 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 Administration specifying the date, lobby activity, purpose
of expense and name of the official or group lobbied. In the event the sum total of
expended funds requires a filing with the Secretary of State, the Director of Finance and
Administration and County employee or official involved will ensure that proper filings
to the Secretary of State are made.
Sec. 2-2-50. Letter-sized mail.
A. The U.S. Postal Service Board of Governors has adopted a surcharge of
eleven cents ($.11) for oversized and odd shaped pieces of mail.
1. Pieces will be nonmailable if they are less than either of the following
measurements: three and one half(3'h) inches high, five (5) inches long or seven
thousandths (.007) inch thick.
a. Items subject to the eleven cent surcharge will be first class mail
weighing one (1) ounce or less, and single piece third class mail of two (2)
ounces or less that exceeds any of these dimensions: six and one eighth
(618) inches high, eleven and one half(11 Y2) inches long or one fourth ('/)
inch thick.
b. Also subject to the surcharge are odd shaped pieces within the
weight units noted above. The acceptable size ratio for such pieces is: the
length must be between one and three tenths (1.3) times and two and five
tenths (2.5) times the height.
2. The U.S. Postal Service has provided a form entitled Dimension
Standards for Letter Size Mail. All offices of the County are directed to adhere to
the dimension standards for letter size mail as enumerated above and as outlined
in the Dimension Standards for Letter Sizc Mail, to avoid all eleven cent
surcharges on nonstandardized letter size mail, and further, that the Director of
General Services is hereby directed to insure that all specifications for bids and
quotes for County purchases involving envelopes-or-Bards -adhere to the
Dimension Standards for Letter Size Mail.- Shape-Based Pricing, which uses shape
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along with weight to determine prices. This pricing recognizes that different
shapes - letters, large envelopes ("flats"), and packages ("parcels") - have
different processing costs and therefore each shape is in need of having separate
pricing.
Weld County classifies the mail into three categories: First Class, 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 ounce and .17 for each additional
ounce not to exceed 3.5 ounces. All large envelopes ("flats") and packages ("parcels")
are First Class as long as they do not 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 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"
• I Footnote: All First-Class Mail Letters nonmachinable letters are subject to the I7-cent non-achinable
surcharge. $0.41 for first
Letters ounce
$0.17 for each
• Maximum weight: 3.5 ounces additional
• Maximum length: 11 1/2" ounce
• Maximum height: 6 1/8"
• Maximum thickness: 1/4"
if your letter exceeds any of these dimensions it will be classified and priced as a
large envelope(flat).
Large Envelopes
$0.80 for the
• Maximum weight: 13 ounces first ounce
• Maximum length: 15" $0.17 for each
• Maximum height: 12" additional
• Maximum thickness: 3/4" ounce
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, and
uniformly thick. A large envelope that exceeds 13 ounces is classified and priced as
Priority Mail®.
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—-------..--- Packages
$1.13 for the
• Maximum weight: 13 ounces first ounce
• Maximum size no more than 108" in combined length and$0.17 for each
girth additional
ounce
A package that exceeds 13 ounces is classified and priced as Priority Mail®.
All First-Class Mail "non-machinable" letters are subject to the 17-cent "non-
machinable" surcharge.
B. All outgoing County mail will be sent out through the Department of Printing
and Supply and will be metered in that office. Offices are not to use stamps, stamped 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. Use upper case characters.
2. Omit punctuation such as periods and commas.
3. Use U.S. Postal Service standard address and state abbreviations, listed
in Appendix 2-A.
4. All addresses must have a correct ZIP Code or ZIP+4 Code.
5. Use an OCR-Readable Type Style. Verified type styles arc listed in
Appendix 2 B. 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 then a 12 pt.
D. Departments are responsible for the following:
1. Certified mail must be bundled and separate from all other mail.
2. Prepaid mail must be bundled and separate from all other mail.
3. Personal mail must be bundled and separate from County mail. It must
have postage affixed; no personal mail will be metered.
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4. All mail must be labeled, showing the department's name so proper
postage charges can be made.
5. All first class mail must be labeled Priority 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 Accounting Human
Resources. Do not include in outgoing mail.
7. Do not overstuff envelopes. If an envelope cannot be easily sealed, use
a larger one. 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.
E. The Director of Administration Department of General Services is-now
providing two (2) courier runs to the north administrative buildings for internal mail.
Pickup and delivery times arc 9:15 a.m. and 1:15 p.m. provides one courier run to the
north administrative buildings for internal mail. Pickup and delivery time is 9:45 a.m.
Sec. 2-2-60. County property.
J. If County property to be sold has been put out to bid and no bids are received,
then the Director of Administrative Services may negotiate a sale of the property to an
interested party. Once the sale has been negotiated, the Board of County Commissioners
shall consider in a regular Board meeting whether or not to accept the offer and sale by
resolution.
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:
6. Royalty interest in the production to be paid to the County shall be at
least twclvc and ene half twenty percent (12.5 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
twelve-and-one-half twenty percent(12.5 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.
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Sec. 2-2 100.Work release program.
As a general practice, accepting individuals sentenced from other jurisdictions
into the Work Release Program is discouraged. However, in order to promote positive
relationships with other law enforcement agencies and the community, these individuals
can be accepted at the Work Release Supervisor's discretion and only under the following
conditions:
A. Travel to the place of business from the Sheriffs office must not exceed sixty
(60) miles, and this distance must be equal to or less than half the distance that the
individual would be required to travel if he or she were traveling from the jail at the other
jurisdiction. (NOTE: This will preclude a situation where WCSO accepts a person from
Colorado Springs who works in Denver. Since the distance to the job site from either jail
is the same, there would be no advantage to this arrangement.)
B. Space must be available in the Work Release Program.
C. The sentencing Judge and the Sheriffs office at the other jurisdiction involved
must agree that, if the individual is removed from the program because of an infraction or
failure to pay fees, the individual will be transported to the jail in the original jurisdiction
to finish his or her mittimus. This condition must be stated on the mittimus before the
individual will be accepted-into the program. The Work Release Supervisor will be
responsible for coordinating this aspect of the agreement with the court and the other law
enforcement agency.
D. In order to recover the cost of housing an inmate from another jurisdiction,
work release fees will be one hundred dollars ($100.00) per week, to be paid as follows:
two hundred dollars ($200.00) on the day of entry into the program (of which one
hundred dollars [$100.00] applies to the first week and one hundred dollars [$100.00]
applies to the last week of the program), and one hundred dollars ($100.00) every week
thereafter until the total fees are paid up. Failure to pay fees will result in removal from
the program. Adhering to a payment schedule such as this will ensure that an individual
always has work release fees paid up to a minimum of one (1) week in advance. If an
individual is removed from the program due to a rule infraction or failure to pay fees, any
money that has been paid in advance will not be refunded. Instead, money paid in
advance will be used to defray the cost of transporting the individual back to the Sheriffs
office at the original jurisdiction.
E. In order to limit supervision problems, individuals who have employment that
requires frequent travel, irregular hours or no established place of business where the
supervisor or the individual can be contacted, will not be accepted.
Sec. 2-2-140. Diversity policy.
D. If the County's expectations as listed above are not met, the following
procedures will apply.
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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 Personnel Human Resources
within twenty-four(24) hours of the alleged incident.
3. In cooperation with the requesting department, the Department of
Personnel Human Resources investigates, develops and retains documentation of
all allegations and ensures that appropriate corrective actions are taken, including
disciplinary measures by the appropriate person when justified, to remedy all
violations of this policy.
4. The Department of Personnel Human Resources follows up within
thirty(30) days to assure no further violations of the policy have occurred.
ARTICLE III
Planning and Zoning Matters
Sec. 2-3-30. Collateral for improvements.
A. General requirements for collateral:
1. This policy shall be applied to all future Subdivision Applications,
Planned Unit Development Applications, Change of Zone, Final Plats, Use by
Special Review and Site Plan Review Applications. 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.
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 tape
recording device the hearings of the Planning Commission.
B. At times determined by the Director of Planning Services to be reasonable, the
Director of Planning he shall allow the applicants to listen to a tape 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.
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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 tape recording.
E. Anyone transcribing from a tape 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
tape recording.
Sec. 2-3-110. Consent agenda for land use hearings.
The purpose of the Consent Agenda for Board of County Commissioner land use
hearings ("Hearing Consent Agenda") is to deal with those cases for which no public
hearing is necessary, because the Board is willing to accept the staff recommendation as
their own, there is no relevant oral public testimony, and the applicant indicates a
willingness to accept the recommendations of staff. Staff will place those items on the
consent agenda that they believe will meet the above criteria for eligibility; however,
placement on the consent portion of the agenda shall not lessen the notice or posting
requirements of the Weld County Code. The consideration of the Hearing Consent
Agenda shall include a determination if any member of the public is seeking to provide
relevant testimony regarding the application. Any item may be removed from the
Hearing Consent Agenda and considered in regular fashion upon the request of one
member of the Board.
ARTICLE V
Road and Bridge Policies
Sec. 2-5-30. Authorized use of County-owned heavy equipment.
A. Due to recent When dry weather conditions and a mild,dry winter, cause
prairie lands located in the County have to become a high fire danger, emphasizing the
there is a need for a cooperative approach among citizens and private and public entities,
to fight prairie fires which may occur on public and/or private lands.
ARTICLE VI
County Motor Vehicles
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 and to request coordinate towing service through the County's fleet maintenance
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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
and submitted to the County Finance Office as detailed in Chapter 3, Article VII 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.
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.
Sec. 2-6-170. Motor vehicle records check.
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 record. This will prevent the
County from employing high-risk individuals and thus help the County to reduce its
liability exposure. The Motor Vehicle Records Check form will be automatic for all
employees of Road and Bridge Public Works, Buildings and Grounds (except janitors),
Ambulance Paramedic Services, Building Inspection, HRD Human Services drivers and
all sworn personnel for the Sheriffs office. All other departments should identify on the
personnel requisition form those 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 complete the checks. In order not to
hold up employment for those positions, individuals employed 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 of the
regular probation period.
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Sec. 2-6-180. Miscellaneous vehicle policies.
B. Laws. Drivers of County vehicles shall abide by all applicable laws regarding
operation of motor vehicles, including the 55 MPH speed limit.
ARTICLE VII
Equipment Management
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 the list contained in Section 2 7 10 for residence garaging, all
vehicles should be garaged at a County facility designated by the Equipment Service
Manager Comptroller. The Comptroller is the Project Manager under the Equipment
Services Contract.
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 Comptroller shall, at all times,
maintain a current authorization list of positions designated by the Board. See following list:
B. Positions with residence garaging:
1. Road&Bridge:
a. Assistant Road&Bridge Director.
b. Road Maintenance Section(2).
e. Maintenance Support Branch IIead.
d. Maintenance Support Field Foreman.
p. Truce. Bunch Hcaa
I Bridge Section Head.
g. Bridge Construction Branch Heads(2).
h. Bridge Repair Field Foreman.
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i. Mining Section Head.
j. On Call Person(weekends only).
2. Sheriff(28):
a. Sheriff.
w rn it
e. Investigations Lieutenant.
d. Investigations Sergeant.
c. Patrol Captain.
£ Jail Captain.
3. Buildings&Grounds(6): Superintendent of Buildings&Grounds.
4. District Attorney(1):
a. District Attorney.
b. Investigators(3).
ARTICLE VIII
Disposition of Recovered Property
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 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 the
following state statutes: (1) State of Colorado's Abatement of Public Nuisance, Sections
16-13-301, et seq., C.R.S.; (2) Colorado Contraband Forfeiture Act, Sections 16-13-501,
et seq., C.R.S.; (3) Sections 12-55.5-110, et seq., C.R.S.; or(4)the civil actions portion of
the Colorado Organized Crime Control Act, Sections 18-17-101, et seq., C.R.S.
Section 2-8-20. Definitions. Appointment of custodian.
The Sheriff shall appoint a deputy to act as custodian of all personal property seized or
taken by the Sheriff or his or her deputies.
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Personal property means everything that is the subject of ownership, which is not
real property. Personal property includes all tangible property.
Tangible personal property means property which can be seen and touched, and
includes,but is not limited to:
a. Electrical and/or computer equipment;
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 Sheriff's 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.
Sec. 2-8-30. Authority of Sheriff to take and hold property. Custodian's receipt.
The Sheriff shall have authority to take possession of any personal property which is
confiscated by the Sheriff or any or his or her deputies, or which is delivered to the
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Sheriff by any other law enforcement agencies, or property which is believed by the
Sheriff to have been abandoned, lost, stolen or otherwise illegally possessed. The Sheriff
shall not be required to accept any lost, confiscated, stolen or abandoned property not
listed in Section 2-8-20, above, such 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 unclaimed and/or abandoned,
lost, or stolen property, or property which has been properly seized by or on behalf of the
County, said employee shall contact the Sheriff within twenty-four(24)hours of having
come into possession of said property to inform the Sheriff. The Sheriff shall within three
(3) days arrange to take possession of said property. Whenever any personal property
shall be recovered by the Sheriff or any deputy, it shall be his or her duty to immediately
turn over said property to the custodian, and it shall be the duty of the custodian to file
with the Sheriffs records section a receipt for said property.
Sec. 2-8-40.Appointment of custodian. Safekeeping by eustodian.
The Sheriff shall appoint designate a deputy to act as custodian of all lost,
confiscated, abandoned, and/or stolen personal property seized or taken by the Sheriff or
his or her deputicw coming into the possession of the Sheriffs Office. It shall be the duty
of the Sheriff to provide for the custodian a suitable place or places for the safekeeping of
said property recovered by any officer, and the same shall be under the custodian's entire
control.
Sec. 2-8-50. Custodian's responsibilities. Records:
It shall be the duty responsibility of the custodian to keep a record of all property
which comes into the possession of the Sheriffs Office may be seized or otherwise taken
possession of by the Sheriff or his or her deputies and record the disposition of such
property, whether by sale, destruction, return to owner or other disposition. 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.
Sec. 2-8-60. Disposition of tangible personal property. Return of property.
A. Any personal property believed to be abandoned, lost, stolen or otherwise
illegally possessed shall be retained in the custody of the custodian as provided herein,
who shall make a reasonable inquiry and effort to identify and notify the owner or person
entitled to possession thereof, and shall return the property after such owner or person
provides reasonable and satisfactory proof of ownership or right to possession and
reimburses the Sheriff for all reasonable expenses of such custody and handling.
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B. All property shall be deemed unclaimed when, after thirty (30) days of
notification, the owner shall have failed to recover the property from the custodian.
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 Sheriff's 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.
3. The Sheriff shall use reasonable judgment in evaluating a claim of
ownership. The information set forth in the preceding paragraphs will be sent to
the presumed owner or person entitled to possession of the property.
4. If the presumed owner or person entitled to possession of the property
provides reasonable and satisfactory proof of ownership or right to possession of
the property, and reimburses the Sheriff for all reasonable expenses of custody
and handling, the property shall be returned to the owner or person entitled to
possession at any time before a sale at public auction.
B. Procedure for property held as evidence.
1. All personal property seized and held as evidence for use in any
pending or anticipated criminal proceeding shall be held until the final disposition
of the proceeding, including appeals, or the lapse for filing of appeals, unless a
court having jurisdiction or the prosecuting attorney authorize otherwise.
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.
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 Sheriffs custodial fund until final disposition of
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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 Sheriff's 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 shall advertise the
auction at least one time in a newspaper of general 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.
4. Unclaimed property consisting of jewelry, gems, watches, precious
metals, coins having special numismatic value, or other property having unique
value may, in the discretion of the Sheriff, be sold either at auction or to the
highest bidder after solicitation of sealed bids from at least three(3) dealers in that
particular type of property.
5. The Sheriff shall be reimbursed for all costs associated with the sale of
the property, including,but not limited to, costs associated with advertisements,
auctioneer's fees, legal notices and transportation of the property.
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
public auction, at which to the extent possible, participation by dealers shall be
discouraged. Any articles remaining after the auction shall be delivered by
employees of the Sheriff to the Department of Human Services for distribution to
individuals and charitable organizations.
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7. It being in the interest to restrict the flow of firearms, all unclaimed
firearms which the Sheriff finds cannot be utilized in the performance of the
duties of the Sheriffs office shall be either abandoned 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.
Sec. 2-8-70. Approval of the Board of County Commissioners. Limitation on
recovery of property.
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 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 County Commissioners for
approval to retain and to use said items of personal property.
Sec. 2-8-80. Report to Board of County Commissioners. Sale of unclaimed property.
A. 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, after the custodian obtains
possession of the property, the Sheriff may effectuate the sale of such property for cash to
the highest bidder, at a public auction, notice of which (including time, place and a brief
description of such property) shall be published at least once in a newspaper of general
circulation in the County, at least ten (10)days prior to such auction.
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B. If the Sheriff finds that such property may be used by his or her department in
the performance of its duties, such property may be utilized by the Sheriffs office until
such time as it is no longer needed, and then disposed of as provided herein, provided that
the Sheriff has the approval of the Board of County Commissioners as set forth in Section
2-8-110 below. The Sheriff shall provide the Board of County Commissioners with a list
of all property so utilized, as provided in Section 2 8 110 below.
C. It being in the public interest to restrict the flow of firearms, all unclaimed
firearms which the Sheriff finds cannot be utilized in the performance of the duties of the
Sheriffs office,-shall be either abandoned to the United States Bureau of Alcohol,
Tobacco and Firearms, sold at a Sheriffs sale to persons licensed to sell firearms,-or
destroyed.
D. 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.
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 at the
same time to turn over to the Board of County Commissioners for deposit into the general
fund all money which has come into his or her hands as the proceeds of the sale.
B. The Sheriffs office and each department of the County which retains
unclaimed property for use shall file an annual report listing such property, and
identifying any such property which has become unusable and discarded during the
preceding year.
See. 2 8 90. Conduct of auetion.
At the time and place mentioned in said notice of the sale of unclaimed property,
it shall be the duty of the Sheriff to sell all such unclaimed property at public auction for
the highest and best price the same will bring in cash, and to receive from the purchaser
of each and every article the amount paid by such purchaser for the same. However,
unclaimed property-consisting of jewelry,-gems, watches, precious metals or other
property having unique value may, in the judgment of the Sheriff, be sold either at
auction or to the highest bidder after solicitation of sealed bids from at least three (3)
regular dealers in the particular type of property.
Sec. 2 8 100. Report to Board of County Commissioners.
When such sale is complete, 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 so sold
and the amount of money received for each of said articles, and at the same time to turn
over to the Board of County Commissioners for deposit in the general fund all money
which has come into his or her hands as the proceeds of such sale.
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Sec. 2 8 110. Property unlawful to possess.
If it shall be unlawful for any private citizen to possess any such personal
property, then that personal property shall not be placed for auction, but shall either be
destroyed or, if feasible, used by the Sheriff, but only if usable by the Sheriff to carry out
the normal duties and responsibilities of his or her office. If the Sheriff wishes to convert
any such property to the use of his or her office, or any unclaimed,-abandoned or lost
property received by the custodian, then the Sheriff must have the express authorization
of the Board of County Commissioners to do so in each and every instance.
Sec. 2 8 120. Perishable property.
If any property so seized or taken possession of by the Sheriff shall be of a
perishable nature or so bulky or of such a nature as to make it dangerous or undesirable to
retain possession thereof, the Sheriff shall cause such property to be forthwith advertised
in the official newspaper and sell sueh property any time after three (3) days shall have
elapsed from the seizure or the taking possession thereof; except where impractical to do
so, in which case the Sheriff shall use his or her best judgment in disposing of the
property.
ARTICLE IX
Winter Storm Emergency Operation Plan
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. Public Works headquarters.
B. County shops.
C. Centennial Complex.
D. Social Services.
E. Health and Human Resources building.
F. Ambulance Paramedic Service for Greeley, Evans and Fort Lupton.
G. Weld County Business Park administrative buildings.
H. Southwest Weld building.
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I. Southeast Weld building.
Sec. 2-9-100. Four-wheel drive vehicles.
D. All non-County 4x4 vehicles should be equipped with an employee with a
radie cellphone.
Sec. 2-9-120. Duties and responsibilities by department.
Each County agency is assigned the following duties during a snow emergency:
F. Buildings and Grounds:
1. Maintain snow removal operations around Centennial Complex and
other assigned essential all County facilities.
G. Ambulance Paramedic Service:
ARTICLE XII
Miscellaneous Policies
Sec. 2-12-30. Collect calls by employees.
B. The Board of County Commissioners shall institute a system of telephone
credit cards to be used by departments whieh, within their normal conduct of County
business, find it necessary for employees located outside of the Centennial Center to
contact the Center on a regular basis.
C. The cards shall be issued by the Board of County Commissioners on a
department by department basis as the need for such cards is demonstrated. The request
for department credit cards shall be made by the department head.
D. Each card shall be coded to denote the employee user. Only those charges for
calls made to the employee's department number shall be accepted. Charges for any calls
made by an employee or official using a County credit card which are not made to the
employee's department number shall be deducted from the individual's paycheck.
E. The Board of County Commissioners shall have the right to require any
department or individual to discontinue the use of credit cards upon evidence of misuse.
F. Exception to this policy: The Sheriff and District Attorney's offices shall
continue to work under the present credit card agreement existing between those
departments and the Department of Phone Services.
G. Criteria to be used by the Board of County Commissioners in determining
need:
I. If the quantity of such calls required on a regular basis is significant.
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2. If the vehicles used by the requesting department or individual do not
have two way communications equipment.
Sec. 2-12-40. County owned cellular phones, cellular personal digital assistants
("PDA's"), or aircards.
Any department or office needing a cellular phone, cellular personal digital assistant
("PDA"), or aircard will complete a cellular phone the appropriate request form, available
through the Department of Phone Services. On the form the department shall indicate the
service requested and the justification for the cellular phone. The Department of Phone
Services will identify the costs to acquire and operate the phone 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.
Sec. 2-12-50. Solicitations 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.
Sec. 2-12-560. Solicitations.
Sec. 2-12-670. County stationery for charitable solicitations.
Sec. 2-12480. 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 and further to reduce the problem created by the limited
number of parking spaces available in the Centennial Center, and the area adjacent to the
Centennial Center.
Sec. 2-12-890. Use of private automobile.
Sec. 2-124100. Compensation for damage incurred during certain situations.
Sec. 2-12-1010. Compensation for losses while in volunteer capacity.
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Sec.2-12-1420. Emergency closing procedure.
Sec. 2-12-1230. Smoking policy.
Sec. 2-12-1340. 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.
D. Use of the meeting room.
1. All groups sponsoring meetings in the meeting room shall schedule use
of the room through the Weld County Pc-senitir�v. Scrviceu Human Resources
Department, Room 202, Weld County Centennial Center, 915 10th Street,
Greeley, Colorado (970) 336-7220.
ARTICLE XIII
Weld County Addressing System
Sec. 2-13-40. Issuance of addresses.
Addresses shall only be issued for locations within the unincorporated areas of the
County where structures are being constructed or power poles erected and which
necessitate the issuance of building or electrical permits by the Department of Building
Inspection. Addresses shall also be issued to all lots in subdivisions, minor subdivisions
and Recorded Exemptions within 30 days of being recorded in the offices of the Weld
County Clerk and Recorder. All issued addresses shall be transmitted forthwith to the
GIS Department for inclusion into the Weld County Address Database. To be issued an
address, the location must be a legal lot (defined in Section 23-1-90 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.
Sec.2-13-70.Rules for issuance of addresses in County.
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:
b. Street names should be considered so as to avoid misinterpretation or
emergency dispatch errors, either within the County or in any surrounding Weld
County jurisdictions.
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d. Street names with will not contain hyphens, apostrophes or other
extraordinary characters shettichhe-aveided.
Delete all of APPENDIX 2-B.
Delete all of APPENDIX 2-C.
Amend APPENDIX 2-D to be APPENDIX 2-B.
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Esther Gesick
From: Bruce Barker
Sent: Monday, October 15, 2007 10:15 AM
To: Esther Gesick; Jennifer VanEgdom; Elizabeth Strong
Subject: Modified 2-2-10
Attachments: Sec 2-2-10.doc
Sec 2-2-10.doc(30
KB)
I made a mistake and did not include all of the changes the Board had requested to 2-2-10.
See the attached. This is what the Board just passed on 2nd Reading.
1
ARTICLE II
General Policies
Sec.2-2-10.Press releases.
A. The only All press releases that—de—net shall need prior approval of the Board of
County Commissioners appropriate elected official(s) before release, with the exception of those
issued by OEM,as detailed in subparagraph B of this Section arcnn ollowT
1. It is totally related to the issuing department.
2. It does not take issue with established County policy.
3. It is not related to lobbying for or against a legislative issue.
Esther Gesick
From: Bruce Barker
Sent: Monday, October 22, 2007 5:14 PM
To: Esther Gesick
Cc: Thomas Honn; Kim Ogle; Don Warden; Monica Mika
Subject: 2-14-60 and Model Service Plan
Attachments: Section 2-14-60.doc; Weld County Model Service Plan.doc
Section Weld County Model
2-14-60.doc(30 KB; Service Plan... C
Final version of Model Service Plan. Put in as Appendix 2-\ Need to modify 2-14-60 to
refer to it. Add these on 2nd or 3rd reading (whichever one we are at) .
1
ARTICLE XIV
Service Plans for Title 32 Special Districts
(Including Metropolitan Districts)
Sec. 2-14-60. Model Service Plan.
A. A The Weld County Model Service Plan shall be has been developed
consistent with these policies and made available from the Department of Planning
Serviees is found in Appendix 2-E of this Code.
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.
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
A. Maximum Debt Mill Levy. 8
B. Maximum Debt Mill Levy Imposition Term 8
E. Debt Repayment Sources 9
F. Security for Debt 9
G. TABOR Compliance 9
H. District's Operating Costs 9
I. Elections 10
VII. ANNUAL REPORT 10
A. General 10
B. Reporting of Significant Events 10
VIII. DISSOLUTION 11
IX. PROPOSED AND EXISTING INTERGOVERNMENTAL AGREEMENTS AND
EXTRATERRITORIAL SERVICE AGREEMENTS 11
X. MATERIAL MODIFICATIONS 11
XI. CONCLUSION 12
ii
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
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. Objective 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 insulate property owners from excessive tax burdens to support the
servicing of the Debt and will 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
improvements necessitated by the Project. Ongoing operational and maintenance activities are
allowed, but only as specifically addressed in this Service Plan, and only to the extent that the
District has sufficiently demonstrated that such operations and maintenance functions are in the
best interest of the County and the existing and future residents and taxpayers of the District. In
no case shall the mill levies imposed by the District for debt service and operations and
maintenance functions exceed the Aggregate Mill Levy Cap.
It is the intent of the District to dissolve upon payment or defeasance of all Debt
incurred or upon a court determination that adequate provision has been made for the payment of
all Debt, and, if the District has authorized operating functions under this Service Plan, to retain
only the power necessary to impose and collect taxes or fees to pay for costs associated with said
operations and maintenance functions.
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:
Aggregate 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.
County Code: means the Weld County Code, as the same may be amended from time to
time.
District: means the Metropolitan District.
External Financial Advisor: means a consultant that: (1) advises Colorado governmental
entities on matters relating to the issuance of securities by Colorado governmental
entities, including matters such as the pricing, sales and marketing of such securities and
the procuring of bond ratings, credit enhancement and insurance in respect of such
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securities; (2) shall be an underwriter, investment banker, or individual listed as a public
finance advisor in the Bond Buyer's Municipal Market Place; and (3) is not an officer or
employee of the District.
Financial Plan: means the Financial Plan described in Section VI which is prepared by
an External Financial Advisor in accordance with the requirements of the County Code
and describes (a) how the Public Improvements are to be financed; (b) how the Debt is
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,
designed, acquired, constructed, installed, relocated, redeveloped and financed as
generally described in the Special District Act, except as specifically limited in Section V
below to serve the future taxpayers and inhabitants of the Service Area as determined by
the Board of the District.
Service Area: means the property within the Initial District Boundary Map and the
Inclusion Area Boundary Map.
Service Plan: means this service plan for the District approved by the BOCC.
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Service Plan Amendment: means an amendment to the Service Plan approved by the
BOCC in accordance with applicable state law.
Special District Act: means Section 32-1-101, et seq., of the Colorado Revised Statutes,
as amended from time to time.
State: means the State of Colorado.
Total Debt Issuance Limitation: means the total Debt the District is authorized to issue,
as set forth in Section V.A.6 and supported by the Financial Plan.
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.
If, after the Service Plan is approved, the State Legislature includes additional
powers or grants new or broader powers for Title 32 districts by amendment of the Special
District Act, no such powers shall be available to or exercised by the District unless the District
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publishes forty-five day notice and provides written notice to the BOCC pursuant to Section 32-
1-207(3)(b), C.R.S. If, within forty-five (45) days of the publication of such notice, the BOCC
expresses to the District a written objection to the proposed exercise of such new or broader
power(s), then the exercise of the same by the District without the prior written consent of the
BOCC 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.
1. Operations and Maintenance Limitation. The purpose of the District is to
plan for, design, acquire, construct, install, relocate, redevelop and finance the Public
Improvements. The District shall dedicate the Public Improvements to the County or other
appropriate jurisdiction 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 provided for and identified with particularity in this
Service Plan.
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.
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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 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 purpose of repayment of Debt.
6. Total Debt Issuance Limitation. The District shall not issue Debt in
excess of$ . To the extent the District seeks to modify the Total Debt Issuance
Limitation, it shall proceed in accordance with Section 2-14-20(I) of the County Code.
7. Monies from Other Governmental Sources. The District shall not apply
for or accept Conservation Trust Funds, Great Outdoors Colorado Funds, or other funds
available from or through governmental or non-profit entities for which the County is eligible to
apply for, except pursuant to an intergovernmental agreement with the County. This Section
shall not apply to specific ownership taxes which shall be distributed to and a revenue source for
the District without any limitation.
8. Consolidation Limitation. The District shall not file a request with any
Court to consolidate with another Title 32 district without the prior written consent of the
County.
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.
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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 Improvements to be developed by the District; and (2) an estimate of the cost of the
Public Improvements is attached hereto as Exhibit D. The Map Depicting Public Improvements
is attached hereto as Exhibit E. In accordance with Section 2-14-20(L) of the County Code, the
Map Depicting Public Improvements shall be provided to the County in (at minimum) 24" x 36"
format. The Map Depicting Public Improvements may be reduced as necessary to permit filing
of the approved Service Plan with the District Court for and in Weld County, Colorado.
As shown in the Primary Infrastructure Plan, the estimated cost of the Public
Improvements which may be planned for, designed, acquired, constructed, installed, relocated,
redeveloped, maintained or financed by the District is approximately$
The District shall be permitted to allocate costs between such categories of the
Public Improvements as deemed necessary in its discretion.
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 of the Public Improvements to be constructed, and their related costs, are estimates
only and are subject to modification as engineering, development plans, economics, the County's
requirements, 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
7
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.
The interest rate on any Debt is expected to be the market rate at the time the Debt
is issued. In the event of a default, the proposed maximum interest rate on any Debt is not
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.
C. Maximum Debt Mill Levy.
The "Maximum Debt Mill Levy" shall be the maximum mill levy the District is
permitted to impose upon the taxable property within the District for payment of Debt, and shall
be fifty (50) 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. 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.
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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.
The District shall not pledge any revenue or property of the County as security for
the indebtedness set forth in this Service Plan. Approval of this Service Plan shall not be
construed as a guarantee by the County of payment of any of the District's obligations; nor shall
anything in the Service Plan be construed so as to create any responsibility or liability on the part
of the County in the event of default by the District in the payment of any such obligation.
G. TABOR Compliance.
The District will comply with the provisions of TABOR. In the discretion of the
Board, the District may set up other qualifying entities to manage, fund, construct and operate
facilities, services, and programs. To the extent allowed by law, any entity created by the
District will remain under the control of the District's Board.
H. District's Operating Costs.
The estimated cost of acquiring land, engineering services, legal services and
administrative services, together with the estimated costs of the District's organization and initial
operations, are anticipated to be $ , which will be eligible for
reimbursement 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 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
detciuiination 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
9
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.
I. 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.
VII. ANNUAL REPORT
A. General. The District shall be responsible for submitting an annual report with
the County Clerk not later than March 1st of each year following the year in which the Order and
Decree creating the District has been issued by the District Court for and in Weld County,
Colorado.
B. Reporting of Significant Events.
The annual report shall include information as to any of the following:
1. Boundary changes made or proposed to the District's boundary as of
December 31 of the prior year.
2. Intergovernmental Agreements with other governmental entities, either
entered into or proposed as of December 31 of the prior year.
3. Copies of the District's rules and regulations, if any, as of December 31 of
the prior year.
4. A summary of any litigation which involves the District Public
Improvements as of December 31 of the prior year.
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.
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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.
IX. PROPOSED AND EXISTING INTERGOVERNMENTAL AGREEMENTS
AND EXTRATERRITORIAL SERVICE AGREEMENTS
All such agreements must be for facilities, services and agreements lawfully authorized to
be provided by the District, pursuant to the State Constitution, Article XIV, Section 18(2)(a) and
Sections 29-1-201, et seq., C.R.S. To the extent practicable, the District may enter into
additional intergovernmental and private agreements to better ensure long-term provision of the
Public Improvements identified herein. Agreements may also be executed with property owner
associations and other service providers.
Any agreements which are required, or known at the time of formation of the District to
likely be required, to fulfill the purposes of the District, must be described in this Service Plan,
along with supporting rationale. Execution of intergovernmental or extraterritorial agreements
by the District that are 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 agreement(s), then the entry into said agreement(s) without the
prior written approval of 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.
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
11
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;
6. The facility and service standards of the District are compatible with the facility
and service standards of the County and each municipality which is an interested party under
Section 32-1-204(1), C.R.S.;
7. The proposal is in substantial compliance the County's Master Plan adopted
pursuant to Section 30-28-106, C.R.S.;
8. The proposal is in compliance with any duly adopted County, regional or state
long-range water quality management plan for the area;
9. The creation of the District is in the best interests of the area proposed to be
served; and
10. The creation of the District is in the best interests of the residents and future
residents of the area proposed to be served.
XII. RESOLUTION OF APPROVAL
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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.
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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
Hello