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WELD COUNTY
CODE ORDINANCE 2005-11
IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS, CHAPTER 2
ADMINISTRATION, AND CHAPTER 3 PERSONNEL, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS,the Board of County Commissioners of the County of Weld,State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter,is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS,the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1,enacting a comprehensive Code for the County of Weld, including
the codification of all previously adopted ordinances of a general and permanent nature enacted on
or before said date of adoption, and
WHEREAS,the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado,that Chapter 2 Administration,and Chapter 3 Personnel,of the
Weld County Code be, and hereby is, revised to read as follows:
CHAPTER 2 ADMINISTRATION
Amend Section 2-1-120 as follows:
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 through P - No change.
Q. Delegation of authority concerning Standard Form of Agreement with Various
Providers for Recreational/Educational Services for Colorado Works Summer
Activities Program. The Board of County Commissioners, on March 23, 2005, by
Resolution #2005-1017, approved the standard form of agreement for various
providers for recreational/educational services for the Colorado Works Summer
Activities Program,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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ARTICLE XIV
SERVICE PLANS FOR
TITLE 32 SPECIAL DISTRICTS
(INCLUDING METROPOLITAN DISTRICTS)
Sec. 2-14-10. Introduction.
A. The County establishes the following as its policy for the review and approval or
disapproval of Service Plans, including any amendment thereof, for Metropolitan
Districts and other Title 32 Special Districts (collectively, "Districts"):
1. Nothing in this Article is intended,nor shall it be construed,to conflict with or
supersede state, federal, or local laws or regulations.
2. This Policy is intended as a guide only. Nothing in this Article is intended,nor
shall it be construed, to limit the discretion of the Board of County
Commissioners, which retains full discretion and authority regarding the
terms and limitations of all District Service Plans.
B. The County generally accepts the formation of Districts where it is demonstrated
that the formation of a District is needed to provide public services or facilities to
local development and will result in benefits to existing or future residents or
business owners of the County and the District.
1. Districts will be permitted to conduct on-going operations and maintenance
activities where it can be demonstrated that having the District provide
operations and maintenance is in the best interest of the County and the
existing or future residents and taxpayers of the District.
2. For Districts whose primary revenue source is property taxes, District
formation will not be favorably received where the future assessed value of
all property within the District at full build-out is projected to be less than Two
Million Dollars($2,000,000). The$2,000,000 assessed valuation threshold
for Districts whose primary revenue source is property taxes will increase
biennially to adjust for inflation as depicted in Schedule A, attached hereto.
Special circumstances and special cause must be demonstrated for
exceptions to be granted.
3. Districts, when properly structured, can enhance the quality of growth in
Weld County. Weld County is receptive to District formation as an
instrument to provide competitive financing for projects, build better and
enhanced infrastructure, and where needed, create a quasi-governmental
entity to provide essential and beneficial services which are otherwise not
available and could not be provided by the County or other existing municipal
or quasi-municipal entity, including existing special districts, within a
reasonable time and on a comparable basis. It is not the intent of the County
to create multiple entities which could be construed as "competing
governments."
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Sec. 2-14-20. Service Plans.
A. Any Service Plan submitted to the County for approval must comply with all state,
federal, and local laws and ordinances, including the Special District Control Act,
Part 2 of Article 1, Title 32, C.R.S. (the "Act").
B. The Service Plan shall include all information required by the Act.
C. The Service Plan shall enumerate and describe all powers requested on behalf of
the District. Demonstration of the need or benefit of each power is required.
Powers which are not clearly needed will not be approved in the service plan.
D. Any Intergovernmental Agreement which is 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 the Service Plan,along with supporting rationale. The Service Plan
shall provide that execution of intergovernmental agreements by the District that are
not described in the Service Plan shall require 45 day notice publication and written
notice to the County pursuant to Section 32-1-207(3)(b),C.R.S.If,within 45 days of
the publication of such notice,the County expresses to the district a written objection
to the proposed action, then the proposed action shall be considered a material
modification of the Service Plan and shall be resolved only in accordance with
Section 31-1-207(2)C.R.S.The vote by the Board of Directors to enter into such an
Intergovernmental Agreement which precedes the notice to the County, must occur
at a public meeting of the District for which the District has sent written notification
via U.S. mail at least 14 days and not more than 30 days in advance of such a
meeting to all electors, residents, and land owners ("District Meeting"). Such
notification must include the time, date and location of the meeting, as well as a
general description of the modification to be discussed.
E. The Service Plan shall include the description of any planned inclusion into, or
exclusion of property from,the District's boundaries. The Service Plan shall provide
that inclusions or exclusions by the District that are not described in the Service Plan
shall require 45 day notice publication and written notice to the County pursuant to
Section 32-1-207(3)(b), C.R.S. If, within 45 days of the publication of such notice,
the County expresses to the district a written objection to the proposed action, then
the proposed action shall be considered a material modification of the Service Plan
and shall be resolved only in accordance with Section 31-1-207(2)C.R.S.The vote
by the Board of Directors to seek inclusions or exclusions which precedes the notice
to the County, must occur at a public meeting of the District for which the District
has sent written notification via U.S.mail at least 14 days and not more than 30 days
in advance of such a meeting to all electors, residents, and land owners ("District
Meeting"). Such notification must include the time,date and location of the meeting,
as well as a general description of the modification to be discussed.
F. The Service Plan shall describe any planned extraterritorial service agreement. The
Service Plan shall provide that any extraterritorial service agreements by the District
that are not described in the Service Plan shall require 45 day notice publication and
written notice to the County pursuant to Section 32-1-207(3)(b), C.R.S. If,within 45
days of the publication of such notice,the County expresses to the district a written
objection to the proposed action, then the proposed action shall be considered a
material modification of the Service Plan and shall be resolved only in accordance
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with Section 31-1-207 (2) C.R.S. The vote by the Board of Directors to enter into
such an extraterritorial service Agreement which precedes the notice to the County,
must occur at a public meeting of the District for which the District has sent written
notification via U.S. mail at least 14 days and not more than 30 days in advance of
such a meeting to all electors,residents,and land owners("District Meeting"). Such
notification must include the time, date and location of the meeting, as well as a
general description of the modification to be discussed.
G. The Service Plan shall outline any anticipated plans or needs for the exercise,by the
District, of its power of eminent domain. The Service Plan will contain language
limiting the use of the District's power of eminent domain to carry out the District's
essential functions and services as well as to implement the intent of the"Primary
Infrastructure Plan" as defined in the Model Service Plan described in Section
2-14-60. The use of eminent domain will be undertaken strictly in compliance with
State laws. The Service Plan shall provide that use of eminent domain or change
in the Primary Infrastructure Plan by the District not described in the Service Plan
shall require 45 day notice publication and written notice to the County pursuant to
Section 32-1-207(3)(b),C.R.S. If,within 45 days of the publication of such notice,the
County expresses to the district a written objection to the proposed action,then the
proposed action shall be considered a material modification of the Service Plan and
shall be resolved only in accordance with Section 31-1-207(2)C.R.S. The vote by
the Board of Directors to utilize eminent domain in such a manner which precedes
the notice to the County,must occur at a public meeting of the District for which the
District has sent written notification via U.S.mail at least 14 days and not more than
30 days in advance of such a meeting to all electors, residents, and land owners
("District Meeting"). Such notification must include the time,date and location of the
meeting, as well as a general description of the modification to be discussed.
H. The Service Plan shall restrict the District's debt service mill levy authorization to 50
mills(the"Debt Service Mill Levy Cap"). The Service Plan shall restrict the districts
total aggregate mill levy(debt service mill levy plus operations and maintenance mill
levy)to sixty-five(65)mills(the"Aggregate Mill Levy Cap"). Although the District's
operations and maintenance mill levy may exceed 15 mills as part of the 65 mill
Aggregate Mill Levy Cap,the debt service mill levy may not exceed the 50 mill Debt
Service Mill Levy Cap. The Debt Service Mill Levy Cap and the Aggregate Mill Levy
Cap shall be adjustable from the base year of 2006 provided however, that in the
event the method of calculating assessed valuation is changed after the base year
of 2006, 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 District 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, 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.
The Service Plan shall include financial projections prepared by an investment
banking firm or financial advisor qualified to make such projections. Said firm shall
be listed in the"Bond Buyers Marketplace"as a provider of financial projections. The
financial projections shall include calculations establishing the District's projected
maximum debt capacity based on assumptions of(i)the projected interest rate on
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the debt to be issued by the District; (ii) the projected assessed valuation of the
property within the District and; (iii)the projected rate of absorption of the assessed
valuation within the District. These calculations must use market based, market
comparable valuation and absorption data and shall not use an annual inflation rate
greater than three percent(3%). The Maximum Debt Authorization in the Service
Plan shall not be increased unless one or combination of the factors described in(i),
(ii) or (iii) change or the rate of inflation is demonstrated to be in excess of 3%,
leading to increased debt capacity for the District as determined by an investment
banking firm or financial advisor as described above, the Maximum Debt
Authorization may increase up to 150% of the original projected maximum debt
capacity. The Service Plan shall provide that any increase in the Maximum Debt
Authorization by the District above the limits described above shall require 45 day
notice publication and written notice to the County pursuant to Section
32-1-207(3)(b), C.R.S. along with a report from the financial advisor described
above,documenting the basis for the increase in the Maximum Debt Authorization.
If, within 45 days of the publication of such notice, the County expresses to the
district a written objection to the proposed action,then the proposed action shall be
considered a material modification of the Service Plan and shall be resolved only in
accordance with Section 31-1-207(2)C.R.S. The vote by the Board of Directors to
increase the Maximum Debt Authorization above the limits described above which
precedes the notice to the County,must occur at a public meeting of the District for
which the District has sent written notification via U.S. mail at least 14 days and not
more than 30 days in advance of such a meeting to all electors, residents, and land
owners ("District Meeting"). Such notification must include the time, date and
location of the meeting, as well as a general description of the modification to be
discussed.
J. The Service Plan shall require that 30 days prior to an election thereon, proposed
ballot questions for a formation election, debt authorization or de-Brucing will be
submitted to Weld County for filing and review. Weld County shall have the right to
object to any ballot questions not in compliance with the Service Plan as a major
modification of the District's Service Plan pursuant to Section 32-1-207(3)(a),C.R.S.
K. If, after the Service Plan is approved, the State Legislature includes additional
powers or grants new or broader powers for Special Districts by amendment of
Section 32-1-1001, et seq., C.R.S., no such powers shall be available to or
exercised by an existing district unless the District publishes 45 day notice and
provides written notice to the County pursuant to Section 32-1-207(3)(b),C.R.S. If,
within 45 days of the publication of such notice,the County expresses to the district
a written objection to the proposed action, then the proposed action shall be
considered a material modification of the Service Plan and shall be resolved only in
accordance with Section 31-1-207(2)C.R.S. The vote by the Board of Directors to
obtain or utilize such powers which precedes the notice to the County, must occur
at a public meeting of the District for which the District has sent written notification
via U.S. mail at least 14 days and not more than 30 days in advance of such a
meeting to all electors, residents, and land owners ("District Meeting"). Such
notification must include the time, date and location of the meeting, as well as a
general description of the modification to be discussed.
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L. Every Service Plan shall include, in addition to all materials, plans and reports
required by the Act, a Primary Infrastructure Plan as defined in the Model Service
Plan ("PIP"). This PIP shall include, at a minimum, a map or maps (24"x36")
providing an illustration of public improvements proposed to be built, acquired or
financed by the District,along with a written narrative and description of those items
and a general description of the Districts proposed role with regards to same.
Sec. 2-14-30. Bonded Indebtedness.
A. Original issuance of bonded indebtedness by the District prior to build-out shall be
limited to that debt which can be sized, serviced and defeased with no more than
fifty (50) mills as described in Sec. 2-14-20 above in paragraph H.
B. The Districts shall be limited to issuing new debt within a period of 15 years from the
date of the Districts first debt authorization election. The District may issue debt
after the 15 year period in order to provide the services outlined in the Service Plan
if development phasing is of a duration that makes it impracticable to issue all debt
within the 15 year period. Debt issued by the District shall have a maximum maturity
of 30 years for each series of debt. The restrictions on issuance shall not pertain to
refundings, but the 30 year maximum maturity shall apply to refundings.
Sec. 2-14-40. Multiple District Structures.
A. It is the intent of Weld County that "citizen/resident" control of Districts be
encouraged to occur as early as possible.
B. Multiple District structures may be proposed:
1. When the projected absorption of the project and the public improvements
to be financed is reasonably projected to extend over more than six(6)years
from the date of organization of the District.
2. When the project has varying projected uses, such as residential and
commercial.
3. The Service Plan must fully describe and articulate the need, reasoning,and
mechanics if a multiple District structure is proposed.
Sec. 2-14-50. Dissolution of District.
A. The Service Plan shall provide for the dissolution of the District after the District's
debts and financial obligations are fully defeased and the District has completed all
of its operations and maintenance responsibilities. A District with long-term,
on-going operations and maintenance will not be obligated to dissolve. However,the
Service Plan must provide that in the event said obligations are someday undertaken
by another party,or are otherwise no longer the responsibility of the District, it shall
be required to dissolve.
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Sec. 2-14-60. Model Service Plan.
A. A "Weld County Model Service Plan" shall be developed consistent with these
policies and made available from the Department of Planning Services.
B. All Service Plans submitted to the County should follow the basic outline, form,
sequence and structure of said model. Where possible, Service Plans should
duplicate the language contained in the Model Service Plan.
Sec. 2-14-70. Default of District.
A. In the event a District fails to pay its debt when due or defaults in the performance
of any obligation that has been agreed to between the District and the County,which
obligation has been identified by the County in writing as a material obligation, and
such default is continuing after the expiration of any cure periods, the District shall
be precluded from issuing additional debt except refunding bonds issued to avoid or
to cure a payment default, without receiving written permission from the Board of
County Commissioners following a public hearing on the matter.
B. In the event that a court of competent jurisdiction has made a final, unappealable
determination that a District has defaulted on any of its financial contracts, the
District shall be precluded from issuing additional debt except to refund or refinance
a financial obligation for the purpose of avoiding or curing a default without receiving
written permission from the Board of County Commissioners following a public
hearing on the matter.
C. Failure of the District to adhere to any of the conditions,restrictions,or requirements,
contained in its approved Service Plan shall be a material modification of the Service
Plan and shall carry whatever rights,remedies,and penalties which are available to
the County or the electors of the District under the Act.
CHAPTER 3
PERSONNEL
Amend Section 3-2-100 to read as follows:
Sec. 3-2-100. Phased retirement option.
A. No Change.
B. Employees retiring from County service under the Retirement Plan may, upon
approval by the Department Head or Elected Official, work no more than a total of
one thousand nine hundred seventy-six(1,976)hours annually,January to January,
as an hourly, part-time or job share retiree employee to continue receiving
Retirement Plan benefits. Depending on the job situation,a retiree may receive pay
and benefits in any one (1) of the following retiree categories:
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1. Hourly. An hourly retiree employee is paid only for the hours worked. The
employee is not paid for any leave time. Hourly employees have none of the
grievance rights as described in this Chapter. The employee does not
participate in the Retirement Plan or in any other County benefits.
2. Part-time. A part-time retiree employee is regularly scheduled to work less
than forty (40) hours per week. The part-time employee who consistently
works at least twenty(20) hours per week may participate in the health, life
and disability insurance programs. The employee has no grievance rights
as described in this Chapter and may not participate in the Retirement Plan.
3. Retired with benefits. A part-time retiree employee works part-time and may
participate in most County benefits with the exception of contribution to the
Retirement Plan. The needs of the department and/or County will dictate if
this status is possible. Benefits are earned on a pro-rata basis based on
standard hours worked, shown in Table 3.2.
Table 3.2 - No change.
4. No right to work. A retiree does not have the right to work under this
option. The continued employment of a retiree in a phased retirement
status must meet the operational needs of the County as determined by
the Department Head or Elected Official.
5. Health insurance coverage. A retiree working under a phased retirement
option may be eligible for continued health insurance coverage through
Weld County's health insurance provider.
C. No Change.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby
is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with
the amendments contained herein, to coincide with chapters, articles, divisions, sections, and
sub sections as they currently exist within said Code; and to resolve any inconsistencies
regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions,
sections, and sub-sections in said Code.
BE IT FURTHER ORDAINEDby the Board if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
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The above and foregoing Ordinance Number 2005-11 was, on motion duly made and
seconded, adopted by the following vote on the 16th day of January, A.D., 2006..
z 1J7 OARD OF COUNTY COMMISSIONERS
ATTEST: 1:14 '/ �I 'Y'r COU ,YY, COLORADO
' U
1%1 l .! h -
' 1 'le, Chair
Weld County Clerk to the Bo. r
BY:
���� 1 /tit'
, ('r% avid E. Long,'Pro-Tem
D uty Cl k to the B `�� `' ���
William H. Jerke
AP pR V D AS TO F : EXCUSED
e Robert D. Masden
C n ttorney EXCUSED
Glenn Vaad
First Reading: September 7, 2005
Publication: September 14, 2005, in the Fort Lupton Press
Second Reading: September 26, 2005
Continued to: October 24, 2005
Continued to: November 21, 2005
Continued to: December 12, 2005
Publication: December 14, 2005, in the Fort Lupton Press
Corrected Publication: December 21, 2005, in the Fort Lupton Press
Final Reading: January 4, 2006
Continued to: January 16, 2006
Publication: January 25, 2006, in the Fort Lupton Press
Effective: January 30, 2006
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Weld County District Policy
Schedule A
Biennial adiustments to minimum assessed value requirements.
Effective January 1 of each year.
Year Adjusted Minimum District Assessed Value
2008 $2,150,000
2010 $2,300,000
2012 $2,450,000
2014 $2,600,000
2016 $2,750,000
2018 $2,900,000
2020 $3,050,000
2022 $3,200,000
2024 $3,350,000
2026 $3,500,000
2028 $3,650,000
Note: Although the Board of County Commissioners has the authority and right to
adjust the forgoing schedule at any time, it is recommended that the adequacy of
this schedule A be specifically addressed in 2028.
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