HomeMy WebLinkAbout20060860.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter,Ordinance Number2005-11 was introduced on
first reading on September 7, 2005, and a public hearing and second reading was held on
September 26, 2005, which was continued to October 24, then November 21, and then
December 12,2005. A public hearing and final reading was held on January4,2006,and continued
to January 16, 2006, with changes being made as listed below. On motion duly made and
seconded, Ordinance #2005-11 was adopted. Effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners,located in the Weld County Centennial Center,91510th Street,Third Floor,
Greeley, Colorado, between the hours of 8:00 a.m.and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page(www.co.weld.co.us). E-Mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail
correspondence into the case file, please send a copy to charding@co.weld.co.us.
ORDINANCE NO. 2005-11
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS,CHAPTER 2 ADMINISTRATION,AND CHAPTER 3 PERSONNEL,OF THE WELD
COUNTY CODE
EFFECTIVE DATE: January 30, 2006
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: January 20, 2006
PUBLISHED: January 25, 2006, in the Fort Lupton Press
CHANGES MADE TO CODE ORDINANCE #2005-11 ON FINAL READING
Delete Appendix 2-D
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2006-0860
NR PROOF OF PUBLICATION
FINAL READING OF
ORDINANCE FORT LUPTON
Pursuant to the Weld County STATE OF COLORADO
Home Rule Charter, Ordinance
Number 2005-11 was introduced
on first reading on September 7, COUNTY OF WELD SS.
2005, and a public hearing and
second reading was held on
September 26, 2005, which was
continued to October 24, then
November 21,and then December
12. 2005. A public hearing and I, Karen Lambert, do solemnly swear that I
final reading was held on January
4,2006,and continued to January am the Publisher of the Fort Lupton Press;
16, 2006, with changes being made as listed below. On motion that the same is a weekly newspaper printed
duly made and seconded,
Ordinance 82005-11 was adopted. and published in the County of Weld, State
E=ed"belowe0f said Ordinance'a of Colorado, and has a general circulation
Any backup material, exhibits or therein; that said newspaper has been
informationto the previously
oard°a'of submitted
u published continuously and uninterruptedly
Commissioners concerning this
matter may be examined in the in said county of Adams for a period of more
office of the Clerk to the Board of County Commissioners, located in than fifty-two consecutive weeks prior to the
the Weld County Centennial
Center, Third first publication of the annexed legal notice
Floor.Greeley,Colorado,between
the hours of 8:00 a.m. and 5:00 or advertisement; that said newspaper has
p.m., Monday thru Fnday, or may
be accessed through the Weld been admitted to the United States mails as
County Web Page
(www.co.weld.co.us). E-Mail second-class matter under the provisions of
messages ae"t to an individual Commissioner may not be the act of March 3, 1879, or any
included in the case file. To
ensure inclusion of your E-Mail amendments thereof, and that said
correspondence into the case file,
please send a copy to newspaper is a weekly newspaper duly
`harding@co.weld.`°.us, qualified for publishing legal notices and
ORDINANCE NO.2005-11 advertisements within the meaning of the
ORDINACE TITLE: IN THE
MATTER N OF REPEALING AND laws of the State of Colorado. That the
REENACTING, WITH
AMENDMENTS, CHAPTER 2 annexed legal notice or advertisement was
ADMINISTND
CHAPTERR3T P°RSONNEL,AOF published in the regular and entire issue of
THE WELD COUNTY CODE
every number of said weekly newspaper for
2006 EFFECTIVE DATE: January 30, the period of 1 consecutive insertion(s); and
BOARD OF COUNTY
COMMISSIONERS that the first publication of said notice was in
WELD COUNTY,COLORADO the issue of newspaper, dated 25th day of
DATED:January 20,2006 January, 2006, and the last on the 25th day
PUBLISHED: January 25, 2006,
in the Fort Lupton Press of January, 2006.
• CHANGES MADE TO
CODE ORDINANCE #2005-11
ON FINAL READING
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CASE NO.37O2O7 key 235O1
CORRECTED
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter,Ordinance Number 2005-11 was introduced on
first reading on September 7, 2005, and a public hearing and second reading was held on
October 24,2005, continued to November 21,2005,then December 12,2005,with changes being
made as listed below. A public hearing and third reading is scheduled to be held in the Chambers
of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631 on
January 4, 2006. All persons in any manner interested in the next reading of said Ordinance are
requested to attend and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax
(970)352-0242, prior to the day of the hearing if, as a result of a disability,you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located in the Weld County Centennial Center,91510th Street,Third Floor,
Greeley,Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page(www.co.weld.co.us). E-Mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail
correspondence into the case file, please send a copy to charding@co.weld.co.us.
ORDINANCE NO. 2005-11
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS,CHAPTER 2 ADMINISTRATION,AND CHAPTER 3 PERSONNEL,OF THE WELD
COUNTY CODE
DATE OF NEXT READING: January 4, 2006, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 16, 2005
PUBLISHED: December 21, 2005, in the Fort Lupton Press
Deleted Section 2-13-50. Approved Access.
Amended Section 2-14-20, Service Plans to add the following language to the end of each
Sub-Paragraph:
D. 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 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 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 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.
I. The vote by the Board of Directors to increase the Maximum DebtAuthorization 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.
K. 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.
Meeting',. Such notification must PROOF OF PUBLICATION
CORRECTED include the time,date and location
NOTICEOF of the er meeting, io well as a FORT LUPTON
SECOND READING OF gof el ,ptas o the
ORDINANCE mF. The
ne by the STATE OF COLORADO
F. the votet the Board n
Pursuant to the Weld County Directors to enter into such an
,,.yiome Rule Charter, Ordinance extraterritorial service Agreement COUNTY OF WELD SS.
imber 2005-11 was introduced which precedes the notice to the
first reading on September 7. County, must occur at a public
.J05, and a public hearing and meeting of the District for which
second reading was held on the District has sent written
October 24, 2005, continued to notification via U.S. mail at least
November 21. 2005, then 14 days and not mare than 30 I, Karen Lambert, do solemnly swear that
December 12.2005.with changes days in advance of such a meeting
being made as listed below. A to all electors, residents,and land am the Publisher of the Fort Lupton Press;
public hearing and third reading is owners ("District Meeting"). Such that the same is a weekly newspaper printed
scheduled to be held in the notification must include the time,
Chambers of the Board,First Floor date and location of the meeting,
Hearing Room, 915 10th Street, as well as a general description of and published in the County of Weld, State
Greeley, Colorado 80631 on the modification to be discussed.
January 4, 2006. All persons in G. The vote by the Board of of Colorado, and has a general circulation
any manner interested in the nest Directors toneemine domain therein; that said newspaper has been
reading of said Ordinance are in such a manner which precedes
requested to attend and may be the notice to the County, must
heard occur at a public meeting of the published continuously and uninterruptedly
District for which the District has
Please contact the Clerk to the sent written notification via U.S. in said county of Adams for a period of more
Board's Office at phone(970)336- mail at least 14 days and not more than fifty-two consecutive weeks prior to the
7215,Extension 4225,or fax(970) than 30 days in advance of such a
352448earing42' prior to the day meeting to all electors, residents, first publication of the annexed legal notice
of the hearing if, as a result of a and land owners District
disability, you require s reasonable orr Meeting"). Suchnotificationatto must
n or advertisement; that said newspaper has
accommodations in order include the time,date and location
participate in this hearing. of the meeting, as well as a been admitted to the United States mails as
general description of the
Any backup material, exhibits c. modificatou to be discussed.
Information previously submitted I. The vote by the Board of second-class matter under the provisions of
to the Board of County Directors to increase the the act of March 3, 1879, or any
Commissioners concerning this Maximum Debt Authorization
matter may be examined in the above the limits described above
office of the Clerk to the Board of which precedes the notice to the amendments thereof, and that said
County Commissioners,located in County. must occur at a public
the Weld County Centennial meeting of the District for which newspaper is a weekly newspaper duly
Center, 915 10th Street, Third the District has sent written
Floor,Greeley Colorado,between notification via U.S. mail at least qualified for publishing legal notices and
the hours of 8:00 a.m. and 5'.00 14 days and not more than 30
p.m., Monday thru Friday, or may days in advance of such a meeting advertisements within the meaning of the
be accessed through the Weld to all electors, residents,and land laws of the State of Colorado. That the
County Web Page owners ("District Meeting"). Such
(www.co.weld.co E-Mail notification must include the time,
messag
es sent to an individual date and location of the meeting, annexed legal notice or advertisement was
Commissioner may not be as well as a general description of
included in the case file. To the modification to be discussed. published in the regular and entire issue of
,sure inclusion of your E-Mail K. The vote by the Board of
espondence into the case file,Directors to obtain or utilize such every number of said weekly newspaper for
ase send a copy to powers which precedes the notice the period of 1 consecutive insertion(s); and
charding@co.weld.co.us. to the County, must occur at a
public meeting of the District for that the first publication of said notice was in
ORDINANCE NO. 2005-11 which the District has sent written
ORDINANCE TITLE: IN THE notification via U.S. mail at least
MATTER OF REPEALING AND 14 days and not more than 30 the issue of newspaper, dated 21st day of
REENACTING. WITH days in advance of such a meeting
AMENDMENTS. CHAPTER 2 to all electors, residents, and land December, 2005, and the last on the 21st
ADMINISTRATION, AND owners ("District Meeting"). Such day of December, 2005.
CHAPTER 3 PERSONNEL. OF notification must include the time,
THE WELD COUNTY CODE date and location of the meeting,
as well as a general description of
DATE OF NEXT READING: the modification to be discussed.
January 4,2006,at 9:00 a.m.
BOARD OF COUNTY
COMMISSIONERS
WELD COUNTY,COLORADO
DATED: December 16,2005
PUBLISHED: December 21,
2005,in the Fort Lupton Press
Deleted Section 2-13-50.
Approved Access.
Amended Section 2-14-20,
Service Plans to add the following
language to the end of each
Sub‑Paragraph:
D. 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 ublishe . ubscribed an sworn before me, this the
14 days and not more than 30 19th day of December, 2005.
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 of46 the modification to be discussed. C----, ),,r��C /
E. The vote by the Board of
'''...-actors to seek inclusions or Notary Public.
usions which precedes the
.ice 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 / •
f /��
least 14 days and not more than 1/`
30 days in advance of such a
me
eting to all electors, residents,
and land owners ("District
CASE NO.370207 key 22690
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter,Ordinance Number 2005-11 was introduced on
first reading on September 7, 2005, and a public hearing and second reading was held on
October24,2005,continued to November 21, 2005,then December 12,2005,with changes being
made as listed below. A public hearing and third reading is scheduled to be held in the Chambers
of the Board, First Floor Hearing Room, 915 10th Street, Greeley,Colorado 80631 on December
28,2005. All persons in any manner interested in the next reading of said Ordinance are requested
to attend and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as a result of a disability,you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners,located in the Weld County Centennial Center,91510th Street,Third Floor,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page(www.co.weld.co.us). E-Mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail
correspondence into the case file, please send a copy to charding@co.weld.co.us.
ORDINANCE NO. 2005-11
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS,CHAPTER 2 ADMINISTRATION,AND CHAPTER 3 PERSONNEL,OF THE WELD
COUNTY CODE
DATE OF NEXT READING: December 28, 2005, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 9, 2005
PUBLISHED: December 14, 2005, in the Fort Lupton Press
* * * * * *
Chapter 2, Article XIV was revised to read as follows:
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."
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, Part2 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.
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.
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 with Section 31-1-207 (2) C.R.S.
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.
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.
I. 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 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(Hi)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 reportfrom the financial advisor described above,documenting the basis forthe 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.
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.
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.
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.
S CO DEOF s and maintenance PROOF OF PUBLICATION
SECOND READING OF activities where it can be
ORDINANCE demonstrated that having o the
FORT LUPTON
Pursuant to the Weld County District provide operations and
Home Rule Charter, intduced of thteisin the existing
ring or STATE OF COLORADO
Number 2005-11 was introduced m the County ide and the ps or
on first reading on September 7, future residents and taxpayers of
2005, and a public hearing and the District. COUNTY OF WELD SS.
second reading was held on 2. For Districts whose primary
October 24, 2005, continued to revenue source is property taxes,
November 21, 2005, then District formation will not be
December 12,2005,with changes favorably received where the
• made as listed beld is future t value of all Karen Lambert, do solemnly swear that I
public scheduled
o and third reading fi is property within the ci at full I,
Chambers to t be , in the build&than ut is projected to be
Hearing of the Board,First Floor less than Two Million2 am the Publisher of the Fort Lupton Press;
Hearing Room, 915 10th Street, ($2,000,000). The $2,000,000
that the same is a weekly newspaper printed
Greeley, Colorado 80631 on assessed valuation threshold for
December 28,2005.All persons in Districts whose primary revenue
any manner interested in the next source is property taxes will and published in the County of Weld, State
reading of said Ordinance are increase biennially to adjust for of and has a general circulation
requested to attend and may be inflation as depicted in ScheduleColorado,
heard. A, attached hereto. Special ,therein; that said newspaper has been
Please contact the Clerk to the circumstances and special cause
Board's Office at phone(970)336- must be demonstrated for
7215,Extension 4225,or fax(970) exceptions t be granted. published continuously and uninterruptedly
352‑0242, prior to the day 3. Districts, when properly
of the hearing if,as a result of a structured,can enhance the in said county of Adams for a period of more
disability, you require reasonable quality of growth in Weld County. than fifty-two consecutive weeks prior to the
accommodations in order to Weld County is receptive to y-
participate in this hearing. Districtorma°p"as an instrument first publication of the annexed legal notice
Any backup material, exhibits or to provide competitive financing
information previously submitted for projects, build better and
to the Board of County enhanced infrastructure, and or advertisement; that said newspaper has
Commissioners concerning this where needed, create a been admitted to the United States mails as
matter may be examined in the quasi‑', mental entity
office of the Clerk to the Board of to provide essential and beneficial
County Commissioners,located in services which are otherwise not second-class matter under the provisions of
the Weld County Centennial available and could not be the act of March 3, 1879, or any
Center, 915 10th Street, Third provided by the County or other
Floor,Greeley,Colorado,between existing municipal or
the hours of 8:00 a.m. and 5:00 quasi‑ sipal entity, amendments thereof, and that said
p.m., Monday thru Friday, or may including existing special districts,
be accessed through the Weld within a reasonable time and on a newspaper is a weekly newspaper duly
County Web Page comparable basis. It is not the
(www.co.weld.co.us). E-Mail Intent of the County to create qualified for publishing legal notices and
messag
es sent to an individual multiple entities which could be advertisements within the meaning of the
Commissioner may not be construed as "competing
ensinclued in inclusion ofhe o e file. To governments." laws of the State of Colorado. That the
your case Mai, Sec. ans8209;148#8209;20.
led into the file, A. Any Plans.
please send ca copy to Any Servicet Plan submitted to annexed legal notice or advertisement was
ORD• INANCEweltl.c005. the County for approval must
ORDINANCE comply with all and federal,and published in the regular and entire issue of
^ ORDINANCE TITLE: IN THE local laws and ordinances,
MATTER OF REPEALING AND including the Special District every number of said weekly newspaper for
REENACTING, WITH Control Act, Part 2 of Article 1,
AMENDMENTS, CHAPTER 2 Title 32,C.R.S.(the"Act"), the period of 1 consecutive insertion(s); and
ADMINISTRATION, AND B.The Service Plan shall include
CHAPTER 3 PERSONNEL, OF all information required by Act. that the first publication of said notice was in
THE DATE OFNEXTCOUNTY CODE C. The Service Plan shall
DATE OF NEXT READING: enumerate and describe all the issue of newspaper, dated 14th day of
December 28,2005,at 9:00 am. powers requested on behalf of the December, 2005, and the last on the 14th
BOARD OF COUNTY District.Demonstration of the need
COMMISSIONERS or benefit of each power is day of December, 2005.
WELD COUNTY,COLORADO required. Powers which are not
DATED: December 9,2005 clearly needed will not be
PUBLISHED: December 14, approved in the service plan.
2005,in the Fort Lupton Press clear-"all">
D. Any Intergovernmental
Chapter 2,Article XIV was revised Agreement which is required, or
to read as follows: known at the time of formation of
SERVICE PLANS FOR the District to likely be required to
TITLE 32 SPECIAL DISTRICTS fulfill the purposes of the District,
(INCLUDING METROPOLITAN must be described in the Service
DISTRICTS) Plan, along with supporting
Sec. 28#8209;148#8209;10. rationale. The Service Plan shall
Introduction. provide that execution of
A. The County establishes the intergovernmental agreements by
following as its policy for the the District that are not described
review and approval or in the Service Plan shall require
disapproval of Service Plans, 45 day notice publication and
including any amendment thereof, written notice to the County
for Metropolitan Districts and other pursuant to Section
Title 32 Special Districts 32‑18#8209;207(3)(b),
(collectively,"Districts"): C.R.S. If, within 45 days of the1
in Nothing d, in this Arstr is publCounty
os such notice,i the
intended,notshall u be construed,er woven expresses to the p a
to eral,ict re or supersede state, ttten then objection to the proposed
federal, or local laws or action, then the proposed action
regulations. shall be considered a material Publis r. S scribed sworn before me, this the
2. This Policy is intended as a modification of the Service Plan
guide only. Nothing in this Article and shall be resolved only in 9th day of December, 20055.
is intended, nor shall it be accordance with Section
construed,to limit the discretion of 318#8209;18#8209',207 (2)
the Board of County C.R.S.
Commissioners, which retains full E.The Service Plan shall include
discretion and authority regarding the description of any planned �� C � �
the terms and limitations of all inclusion into, or exclusion of t�l//lfJ/
District Service Plans. property from, the District's
B. The County generally accepts boundaries. The Service Plan
""e formation of Districts where it shall provide that inclusions or Notary Public.
demonstrated that the formation exclusions by the District that are
..f a District is needed to provide not described in the Service Plan
public services or facilities to local shall require 45 day notice
development and will result in publication and written notice to
benefits to existing or future the County pursuant to Section
residents or business owners of 328#8209:18#8209:207(3)(b),
the County and the District. C.R.S. If, within 45 days of the
1. Districts will be permitted to publication of such notice, the
conduct on8#8209;gaing County expresses to the district a • CASE NO.370207 key 22585
written objection to the proposed financial advisor qualified to make of those items and a general competent jurisdiction has made a
action, then the proposed action such projections. Said firm shall description of the Districts final, unappealable determination
shall be considered a material be listed in the "Bond Buyers proposed role with regards to that a District has defaulted on any
modification of the Service Plan Marketplace" as a provider of same. of its financial contracts, the
and shall be resolved only in financial projections. The financial Sec. 2&1/8209;14848209;30. District shall be precluded from
accordance with Section projections shall include Bonded Indebtedness. issuing additional debt except to
31‑1� (2) calculations establishing the A. Original issuance of bonded refund or refinance a financial
C.R.S. District's projected maximum debt indebtedness by the District prior obligation for the purpose of
F.The Service Plan shall describe capacity based on assumptions of to build‑',out shall be limited avoiding or curing a default
any planned extraterritorial service (i) the projected interest rate on to that debt which can be sized, without receiving wntten
agreement.The Service Plan shall the debt to be issued by the serviced and defeased with no permission from the Board of
provide that any extraterritorial District;(ii)the projected assessed more than fifty (50) mills as County Commissioners following a
service agreements by the District valuation of the property within the described in Sec. public hearing on the matter.
that are not described in the District and; (iii)the projected rate 28#8209;148#8209;20 above in C.Failure of the District to adhere
Service Plan shall require 45 day of absorption of the assessed paragraph H. to any of the conditions,
notice publication and written valuation within the District.These B.The Districts shall be limited to restrictions, or requirements,
notice to the County pursuant to calculations must use market issuing new debt within a period of contained in its approved Service
Section based market comparable 15 years from the date of the Plan shall be a material
328#8209',1‑207(3)(b), valuation and absorption data and Districts first debt authorization modification of the Service Plan
C.R.S. If, within 45 days of the shall not use an annual inflation election. The District may issue and shall carry whatever rights,
publication of such notice, the rate greater than three percent debt after the 15 year period in remedies,and penalties which are
County expresses to the district a (3%). The Maximum Debt order to provide the services available to the County or the
written objection to the proposed Authorization in the Service Plan outlined in the Service Plan if electors of the District under the
action, then the proposed action shall not be increased unless one development phasing is of a Act.
shall be considered a material or combination of the factors duration that makes it
modification of the Service Plan described in (i), (ii)or(iii)change impracticable to issue all debt
and shall be resolved only in or the rate of inflation is within the 15 year period. Debt
accordance with Section demonstrated to be in excess of issued by the District shall have a
31‑1‑207 (2) 3%, leading to increased debt maximum maturity of 30 years for
C.R.S. capacity for the District as each series of debt. The
G. The Service Plan shall outline determined by an investment restrictions on issuance shall not
any anticipated plans or needs for banking firm or financial advisor as pertain to refundings, but the 30
the exercise, by the District,of its described above, the Maximum year maximum maturity shall apply
power of eminent domain. The Debt Authorization may increase to refundings.
Service Plan will contain language up to 150% of the original Sec. 2M/8209;14848209;40.
limiting the use of the District's projected maximum debt capacity. Multiple District Structures.
power of eminent domain to carry The Service Plan shall provide A. It is the intent of Weld County
out the District's essential that any increase in the Maximum that "citizen/resident" control of
functions and services as well as Debt Authorization by the District Districts be encouraged to occur
to implement the intent of the above the limits described above as early as possible.
"Primary Infrastructure Plan" as shall require 45 day notice B. Multiple District structures may
defined in the Model Service Plan publication and written notice to be proposed'.
described in Section the County pursuant to Section 1. When the projected absorption
2‑',14‑60. The use 328#8209;1‑',207(3)(b), of the project and the public
of eminent domain will be C.R.S.along with a report from the improvements to be financed is
undertaken strictly in compliance financial advisor described above, reasonably projected to extend
with State laws.The Service Plan documenting the basis for the over more than six(6)years from
shall provide that use of eminent increase in the Maximum Debt the date of organization of the
domain or change in the Primary Authorization. If,within 45 days of District.
Infrastructure Plan by the District the publication of such notice,the 2. When the project has varying
not described in the Service Plan County expresses to the district a projected uses,such as residential
shall require 45 day notice written objection to the proposed and commercial.
publication and written notice to action, then the proposed action 3. The Service Plan must fully
the County pursuant to Section shall be considered a material describe and articulate the need,
328#8209;18#8209';207(3)(b), modification of the Service Plan reasoning, and mechanics if a
C.R.S. If, within 45 days of the and shall be resolved only in multiple District structure is
publication of such notice, the accordance with Section proposed.
County expresses to the district a 31‑1‑',207 (2) Sec. 28#8209;148#8209;50.
written objection to the proposed C.R.S. Dissolution of District.
action, then the proposed action J. The Service Plan shall require A. The Service Plan shall provide
shall be considered a material that 30 days prior to an election for the dissolution of the District
modification of the Service Plan thereon,proposed ballot questions after the District's debts and
and shall be resolved only in for a formation election, debt financial obligations are fully
accordance with Section authorization or de‑Brucing defeased and the District has
31‑1‑207 (2) will be submitted to Weld County completed all of its operations and
C.R.S. for filing and review. Weld County maintenance responsibilities. A
H. The Service Plan shall restrict shall have the right to object to District with long‑term,
the District's debt service mill levy any ballot questions not in on‑going operations and
authorization to 50 mills(the"Debt compliance with the Service Plan maintenance will not be obligated
Service Mill Levy Cap"). The as a major modification of the to dissolve. However, the Service
Service Plan shall restrict the District's Service Plan pursuant to Plan must provide that in the event
districts total aggregate mill levy Section said obligations are someday
(debt service mill levy plus 328#8209;18#8209;207(3)(a), undertaken by another party, or
operations and maintenance mill C.R.S. are otherwise no longer the
levy)to sixty‑five(65)mills clear="all"> responsibility of the District,it shall
(the "Aggregate Mill Levy Cap"). K. If, after the Service Plan is be required to dissolve.
Although the District's operations approved, the State Legislature Sec. 2‑14‑60.
and maintenance mill levy may incluaes additional powers or Model Service Plan.
exceed 15 mills as part of the 65 grants new or broader powers for A.A"Weld County Model Service
mill Aggregate Mill Levy Cap, the Special Districts by amendment of Plan" shall be developed
debt service mill levy may not Section 328#8209;1‑1001, consistent with these policies and
exceed the 50 mill Debt Service et seq., C.R.S., no such powers made available from the
Mill Levy Cap. The Debt Service shall be available to or exercised Department of Planning Services.
Mill Levy Cap and the Aggregate by an existing district unless the B. All Service Plans submitted to
Mill Levy Cap shall be adjustable District publishes 45 day notice the County should follow the basic
from the base year of 2006 and provides written notice to the outline, form, sequence and
provided however, that in the County pursuant to Section structure of said model. Where
event the method of calculating 328#8209;18#8209;207(3)(b), possible, Service Plans should
assessed valuation is changed C.R.S. If, within 45 days of the duplicate the language contained
after the base year of 2006, the publication of such notice, the in the Model Service Plan.
mill levy limitation applicable to County expresses to the district a Sec. 2‑14‑70.
such debt may be increased or written objection to the proposed Default of District.
decreased to reflect such action, then the proposed action A. In the event a District fails to
changes, such increases or shall be considered a material pay its debt when due or defaults
decreases to be determined by the modification of the Service Plan in the performance of any
District Board in good faith (such and shall be resolved only in obligation that has been agreed to
determination to be binding and accordance with Section between the District and the
final) so that to the extent 318#8209;18#8209',207 (2) County,which obligation has been
possible, the actual tax revenues C.R.S. identified by the County in writing
generated by the mill levy, as L. Every Service Plan shall as a material obligation,and such
adjusted, are neither diminished include,in addition to all materials, default is continuing after the
^or enhanced as a result of such plans and reports required by the expiration of any cure periods,the
ranges. For purposes of the Act, a Primary Infrastructure Plan District shall be precluded from
.oregoing,a change in the ratio of as defined in the Model Service issuing additional debt except
actual valuation to assessed Plan ("PIP"). This PIP shall refunding bonds issued to avoid or
valuation shall be deemed to be a include, at a minimum, a map or to cure a payment default,without
change in the method of maps (24"x36") providing an receiving written permission from
calculating assessed valuation. illustration of public improvements the Board of County
I. The Service Plan shall include proposed to be built, acquired or Commissioners following a public
financial projections prepared by financed by the District,along with hearing on the matter.
an investment banking firm or a written narrative and description B. In the event that a court of CASE NO.370207 key 22585
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.
Amend Article XIII, Weld County Addressing System, Section 2-13-50 as follows:
Sec. 2-13-50. Approved Access.
The term approved access shall mean access to a legal lot which is either shown on a
recorded plat approved through the processes described in Chapter 23, 24 or 27 of this Code, or
to a legal lot where such access has been approved by inspectors of the Department of Building
Inspection, according to the Standards for Roads/Driveways Accessing onto Maintained Weld
County Roads set forth in Appendix 2-D of this Code.
Add Appendix 2-D, a copy of which is attached hereto and incorporated herein by reference.
Add Article XIV, to read as follows:
ARTICLE XIV
SERVICE PLANS FOR
TITLE 32 SPECIAL DISTRICTS
(INCLUDING METROPOLITAN DISTRICTS)
Sec. 2-14-10. Introduction.
A. The Board of County Commissioners believes that Title 32 Special Districts,
including Metropolitan Districts,when properly structured,will enhance the quality of
growth in Weld County.
1. Nothing in this Article is intended,nor shall it be construed,to conflict with or
supercede 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 bind the discretion of the Board of County
Commissioners which has full discretion and authority regarding the terms
and limitations of all district Service Plans and district formations.
B. The County accepts the formation of districts where it is demonstrated 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 of the County and the district.
1. Districts will be permitted to conduct 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 of the district.
C. 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). Special circumstances and special cause must be
demonstrated for exceptions to be granted.
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.
Granting powers, which are not clearly needed, will not be encouraged.
D. Any Intergovernmental Agreement which is required,or known to likely be required,
must be described, along with supporting rationale, in the Service Plan.
E. The Service Plan shall include the description of any planned or possible inclusion
into, or exclusion of property from, the district's boundaries.
F. The Service Plan shall describe any planned extraterritorial service agreement. The
District will be prohibited from providing any service outside its boundaries or from
entering into any extraterritorial service agreement, other than those listed in the
Service Plan,without the written permission of the Board of County Commissioners.
G. The Service Plan shall outline any anticipated use, 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 only to carry out the district's essential functions
and"Primary Infrastructure Plan". The Service Plan shall acknowledge the District's
need to receive approval from the Board of County Commissioners if it desires
expansion of its Primary Infrastructure Plan. The use of eminent domain will be
undertaken strictly in compliance with State laws.
H. The Service Plan shall restrict the District's total mill levy authorization to 50 mills.
This shall be a"hard cap",and it will be inclusive of both debt service and operations
and maintenance mill levies. In no event shall these caps be exceeded. "Gallagher
Adjustments" will be allowed on an annual basis.
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 maximum
debt capacity. 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 projected maximum debt capacity shall be used as the
"Maximum Debt Authorization" in the Service Plan, which shall not be exceeded
without the written permission of the Board of County Commissioners and without
a modification of the Service Plan. All debt election questions and related materials
must be consistent with, and in keeping with, the "Maximum Debt Authorization".
J. The Service Plan shall provide to Weld Countyforfiling,any formation election,debt
authorization, and de-Brucing question to be voted upon at any district election.
Weld County shall have the right to deny any ballot question that is not in material
compliance with the Service Plan prior to said questions being included in an
election.
Sec. 2-14-30. Bonded indebtedness.
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 35 mills for debt service
purposes.
Sec. 2-14-40. Multiple district structures.
A. Multiple district structures are not encouraged. It is the intent of Weld County that
"citizen/resident" control of districts be encouraged to occur as early as possible.
However, when the nature of a project requires a prolonged build-out period, and
"developer control"is needed for an extended and commensurate period of time to
ensure "developer financing" of the project and infrastructure continues, multiple
district structures may be permitted. In such case, the Service Plan shall make
provision to dissolve the multiple district structure or otherwise permit
"citizen/resident" control at an appropriate time in the future.
1. Fora project with major commercial components,multiple district structures
may be allowed to balance tax loads and protect future commercial
owners/tenants from the disparate interests of a"resident"controlled district.
2. The Service Plan must fully describe and articulate the need,reasoning,and
mechanics any time a multiple district structure is proposed.
3. The district shall be limited to a series of debt issuances for a maximum of
fifteen (15) years with a maximum maturity of 30 years for each series of
debt. This restriction on issuance shall not pertain to refundings which are
necessary for the district's fiscal health nor shall it apply to refundings which
result in a net present value savings to the district.
B. 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 reasonably be provided.
It is not the intent of the County to create multiple entities which could be construed
as "competing governments".
Sec. 2-14-50. Dissolution of district.
The Service Plan shall provide for the dissolution for 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 obligation for 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.
Sec. 2-14-60. Model Service Plan.
A. A copy of the "Weld County Model Service Plan" may be obtained 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. Any unnecessary
deviation from the form sequence,outline or language of said model may be grounds
for denial.
Sec. 2-14-70. Default of district.
A. In the event a district defaults on its debt,at any time, in any way,for more than thirty
(30)days,the district shall be precluded from issuing or refunding any additional debt
of any kind without receiving written permission from the Board of County
Commissioners following a public hearing on the matter.
B. In the event a district defaults on its debt more than once for any amount of time,the
district shall be precluded from issuing or refunding any additional debt of any kind
without receiving written permission from the Board of County Commissioners
following a public hearing on the matter.
C. In the event that a district defaults on any of its other financial contracts,agreements,
obligations of any kind on three(3)or more occasions,the district shall be precluded
from issuing or refunding any additional debt of any kind without receiving written
permission from the Board of County Commissioners following a public hearing on
the matter.
D. Failure of a district to adhere to any of the conditions,restrictions,or requirements,
contained in this Article or the 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. Working after 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:
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 ORDAINED by the Board if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
* * * * * * * * * * *
NOTICE
PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2005-11 published
above, was introduced and, on motion duly made and seconded, approved upon first reading on
September 7, 2005. A public hearing and second reading is scheduled to be held in the
Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631,
on September 26, 2005. All persons in any manner interested in the reading of said Ordinance
are requested to attend and may be heard.
Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial Center, Third Floor, 915 10th
Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or
may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages
sent to an individual Commissioner may not be included in the case file. To ensure inclusion
of your E-Mail correspondence into the case file, please send a copy to
charding@co.weld.co.us.
SECOND READING: September 26, 2005, at 9:00 a.m.
THIRD READING: October 17, 2005, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 9, 2005
PUBLISHED: September 14, 2005, in the Fort Lupton Press
Add Appendix 28#8209,D,a copy PROOF OF PUBLICATION
WELD COUNTY of which is attached hereto and
CODE ORDINANCE 2005-11 incorporated herein by reference. FORT LU PTON
IN THE MATTER OF REPEALING Add Article XIV,to read as follows: STATE OF COLORADO
AND REENACTING,WITH
AMENDMENTS,CHAPTER 2 ARTICLE XIV
CHAPTIER 3 PERSON INISTRATION,EL,OF TITLE 32 SPECIAL DISTRICTS COUNTY OF WELD SS.
THE WELD COUNTY CODE (INCLUDING METROPOLITAN
DISTRICTS)
BE IT ORDAINED BY THE
BOARD OF COUNTY Sec.2-14-10.Introduction.
COMMISSIONERS OF THE I, Karen Lambert, do solemnly swear that I
COUNTY OF WELD, STATE OF A. The Board of County
COLORADO: Commissioners believes that Title am the Publisher of the Fort Lupton Press;
32 Special Districts, including that the same is a weekly newspaper printed
WHEREAS, the Board of County Metropolitan Districts, when
Commissioners of the County of properly structured, will enhance
Weld,State of Colorado, pursuant the quality of growth in Weld and published in the County of Weld, State
to County rado Home(ute Rule nd the Weld Charter, is County. of Colorado, and has a general circulation
vested with the authority of 1. Nothing in this Article is
administering the affairs of Weld intended,nor shall it be construed, therein; that said newspaper has been
County,Colorado,and to conflict with or supercede state,
federal, or local laws or published continuously and uninterruptedly
WHEREAS, the Board of County regulations.
Commissioners,on December 28, in said county of Adams for a period of more
2000,adopted Weld County Code 2. This Policy is intended as a than fifty-two consecutive weeks prior to the
Ordinance 2000-1, enacting a guide only.Nothing in this Article is y'
comprehensive Code for the intended,nor shall it be construed,
County of Weld, including the to bind the discretion of the Board first publication of the annexed legal notice
codificationte of all previously genral of County retonCommissioners oi or advertisement; that said newspaper has
adopted ordinances of a on has full discretion and authority itati
and permanent nature enacted on regarding the terms and limitations
or before said date of adoption, of all district Service Plans and been admitted to the United States mails as
and district formations. second-class matter under the provisions of
WHEREAS, the Weld County B. The County accepts the the act of March 3, 1879, or any
Code is in need of revision and formation of districts where it is
clarification with regard to demonstrated the formation of a
procedures, terms, and district is needed to provide public amendments thereof, and that said
requirements therein. services or facilities to local
development and will result in newspaper is a weekly newspaper duly
NOW, THEREFORE, BE IT benefits to existing or future
ORDAINED by the Board of residents of the County and the qualified for publishing legal notices and
County Commissioners of the district.
County of Weld,State of Colorado, advertisements within the meaning of the
thha Ce3ter2 APersonnel,
of
d 1. Districts c will bera permitted to laws of the State of Colorado. That the
Chapter 3 e a of the Weld maintentance
operations and
County Code be,s and : is, be
stated activities where itcan annexed legal notice or advertisement was
revised to read as follows: i demonstrated that having and
a provide operations and
Amend SR2ADMINISTRATION ofmaintenance in best interestof published in the regular and entire issue of
Amend Section 2-1-120 as follows: the County and the existing or
future residents of the district. every number of said weekly newspaper for
Sec. 2-1-120. Delegation of authority. C. District formation will not be the period of 1 consecutive insertion(s); and
Pursuant to Section favorably received where the future
30-11-107(1)(aa), C.R.S., which assessed value of all property that the first publication of said notice was in
authorizes the Board of County within the district at full build-out is the issue of newspaper, dated 1 4th day of
Commissioners to establish projected to be less than Two
policies and procedures regarding Million Dollars ($2,000,000).
entering into contracts binding on Special circumstances and special September, 2005, and the last on the 1 4th
the County, and to delegate its cause must be demonstrated for day of September, 2005.
powers to enter into such contracts exceptions to be granted. p ,
pursuant to such policies and Sec.2-14-20.Service Plans.
procedures, the following policies
were adopted by the County: A. Any Service Plan submitted to
the County for approval must
A through P-No change. comply with all state,federal,and
local taws and ordinances,
Q. Delegation of authority including the Special District
concerning Standard Form of Control Act,Part 2 of Article 1,Title
Agreement with Various Providers 32,C.R.S.(the"Act").
for Recreational/Educational
Services for Colorado Works B.The Service Plan shall include
Summer Activities Program. The all information required by the Act.
Board of County Commissioners,
on March 23,2005, by Resolution C. The Service Plan shall
#2005-1017, approved the enumerate and describe all powers
standard form of agreement for requested on behalf of the district.
various providers for Demonstration of the need or
recreational/educational services benefit of each power is required.
for the Colorado Works Summer Granting powers, which are not
Activities Program, and granted clearly needed, will not be
then standing to ty to the Chair m t, encouraged.
the Board to sign said agreement,
after review by the County Attorney D. Any Intergovernmental.
to verify that it was completed in Agreement which is required, or
accordance with the form approved known to likely be required, must.
- U is er. U SCfI ed an rn a ore me, this the
by the Board. be described, along with
Amend Article XIII, Weld County supporting rationale,in the Service 14th day of September, 2005.
Addressing System, Section Plan.
28#8209;138#8209;50 as follows:
E.The Service Plan shall include.
Sec.2-13-50.Approved Access. the description of any planned or
The term approved access shall pt possible inclusion into, exclusion th(17-
��mean access to a legal lot which is of property from, the district'seither shown on a recorded lat boundaries.approved through the processes ,
described in Chapter 23,24 or 27 F.The Service Plan shall describe to Public.
of this Code,or to a legal lot where any planned extraterritorial service such access has been approved agreement. The District will be _ .. °^... 1 ex-a. %..-
by inspectors of the Department of prohibited from providing any ..,
Building Inspection, according to service outside its boundaries or ae
the Standards for from entering into any
Roads/Driveways Accessing onto extraterritorial service agreement,
Maintained Weld County Roads other than those listed in the
set forth in Appendix 2888209;D of Service Plan, without the written
this Code. permission of the Board of County CASE NO.370207 key 19685
Commissioners. from the disparate interests of a Article or the approved Service be unconstitutional, such decision
"resident"controlled district. Plan shall be a material shall not affect the validity of the
G. The Service Plan shall outline modification of the Service Plan remaining portions hereof. The
any anticipated use,by the district, 2. The Service Plan must fully and shall carry whatever rights, Board of County Commissioners
of its power of eminent domain. describe and articulate the need, remedies,and penalties which are hereby declares that it would have
The Service Plan will contain reasoning, and mechanics any available to the County or the enacted this Ordinance in each
language limiting the use of the time a multiple district structure is electors of the district under the and every section, subsection,
district's power of eminent domain proposed. Act. paragraph, sentence, clause, and
only to carry out the districts phrase thereof irrespective of the
essential functions and "Primary 3.The district shall be limited to a CHAPTER 3 -PERSONNEL fact that any one or more sections,
Infrastructure Plan". The Service series of debt issuances for a Amend Section 3-2-100 to read as subsections, paragraphs,
Plan shall acknowledge the maximum of fifteen(15)years with follows: sentences, clauses, or phrases
District's need to receive approval a maximum maturity of 30 years Sec. 3-2-100. Working after might be declared to be
from the Board of County for each series of debt. This Phased retirement option. unconstitutional or invalid.
Commissioners if it desires restriction on issuance shall not
expansion of its Primary pertain to refundings which are A.No Change. N O T I C E
Infrastructure Plan. The use of necessary for the districts fiscal
eminent domain will be undertaken health nor shall it apply to B.Employees retiring from County PURSUANT to the Weld County
strictly in compliance with State refundings which result in a net service under the Retirement Plan Home Rule Charter, Ordinance
laws. present value savings to the may, upon approval by the Number 2005-11 published above,
district. Department Head or Elected was introduced and, on motion
H. The Service Plan shall restrict Official,work no more than a total duly made and seconded,
the District's total mill levy B. Weld County is receptive to of one thousand nine hundred approved upon first reading on
authorization to 50 mills.This shall District formation as an instrument seventy-six(1,976)hours annually, September 7, 2005. A public
be a "hard cap', and it will be to provide competitive financing for January to January,as an hourly, hearing and second reading is
inclusive of both debt service and projects,build better and enhanced part-time or job share retiree scheduled to be held in the
operations and maintenance mill infrastructure, and where needed, employee to continue receiving Chambers of the Board,First Floor
levies.In no event shall these caps create a quasi-governmental entity Retirement Plan benefits. Hearing Room, 915 10th Street,
be exceeded. "Gallagher to provide essential and beneficial Depending on the job situation, a Greeley, Colorado 80631, on
Adjustments"will be allowed on an services which are otherwise not retiree may receive pay and September 26,2005.All persons in
annual basis. available and could not reasonably benefits in any one (1) of the any manner interested in the
be provided. It is not the intent of following retiree categories: reading of said Ordinance are
I. The Service Plan shall include the County to create multiple requested to attend and may be
financial projections prepared by entities which could be construed 1. Hourly. An hourly retiree heard.
an investment banking firm or as"competing governments". employee is paid only for the hours
financial advisor qualified to make worked.The employee is not paid Please contact the Clerk to the
such projections.Said firm shall be Sec. 2-14-50. Dissolution of for any leave time. Hourly Board's office at phone (970)
listed in the "Bond Buyers district. employees have none of the 336-7215, Extension 4225, or fax
Marketplace" as a provider of The Service Plan shall provide for grievance rights as described in (970)352-0242,prior to the day of
financial projections.The financial the dissolution for the District after this Chapter.The employee does the hearing if, as the result of a
projections shall include the District's debts and financial not participate in the Retirement disability, you require reasonable
calculations establishing the obligations are fully defeased and Plan or in any other County accommodations in order to
District's maximum debt capacity. the district has completed all of its benefits. participate in this hearing.
These calculations must use operations and maintenance
market based,market comparable responsibilities. A district with 2. Part-time. A part-time retiree Any backup material, exhibits or
valuation and absorption data and long-term, on8#8209;going employee is regularly scheduled to information previously submitted to
shall not use an annual inflation obligation for operations and work less than forty(40)hours per the Board of County
rate greater than three percent maintenance will not be obligated week.The part-time employee who Commissioners concerning this
(3%).The projected maximum debt to dissolve. However, the Service consistently works at least twenty matter may be examined in the
capacity shall be used as the Plan must provide that in the event (20) hours per week may office of the Clerk to the Board of
"Maximum Debt Authorization" in said obligations are someday participate in the health, life and County Commissioners, located in
the Service Plan, which shall not undertaken by another party, or disability insurance programs.The the Weld County Centennial
be exceeded without the written are otherwise no longer the employee has no grievance rights Center, Third Floor, 915 10th
permission of the Board of County responsibility of the District,it shall as described in this Chapter and Street, Greeley, Colorado,
Commissioners and without a be required to dissolve. may not participate in the between the hours of 8:00 a.m.
modification of the Service Plan. Sec.2-14-60.Model Service Plan. Retirement Plan. and 5:00 p.m.,Mondaythru Friday,
All debt election questions and or may be accessed through the
related materials must be A. A copy of the "Weld County 3.Retired with benefits.A part-time Weld County Web Page
consistent with, and in keeping Model Service Plan" may be retiree employee works part-time (www.co.weld.co.us). E-Mail
with, the "Maximum Debt obtained from the Department of and may participate in most messages sent to an individual
Authorization'. Planning Services. County benefits with the exception Commissioner may not be included
of contribution to the Retirement in the case file. To ensure
J. The Service Plan shall provide B. All Service Plans submitted to Plan.The needs of the department Inclusion of your E-Mall
to Weld County for filing, any the County should follow the basic and/or County will dictate if this correspondence Into the case
formation election, debt outline, form, sequence and status is possible. Benefits are file, please send a copy to
authorization, and de-Brucing structure of said model. Where earned on a pro-rata basis based charding@co.weld.co.us.
question to be voted upon at any possible, Service Plans should on standard hours worked,shown
district election.Weld County shall duplicate the language contained in Table 32. SECOND READING: September
have the right to deny any ballot in the Model Service Plan. Any Table 3.2-No change. 26,2005,at 9:00 a.m.
question that is not in material unnecessary deviation from the THIRD READING: October 17,
compliance with the Service Plan form sequence, outline or 4.No right to work.A retiree does 2005,at 9:00 a.m.
prior to said questions being language of said model may be not have the right to work under BOARD OF COUNTY
included in an election. grounds for denial. this option. The continued COMMISSIONERS
employment of a retiree in a WELD COUNTY,COLORADO
Sec. 2-14-30. Bonded Sec.2-14-70.Default of district. phased retirement status must
indebtedness. meet the operational needs of the DATED:September 9,2005
Original issuance of bonded A.In the event a district defaults on County as determined by the PUBLISHED:September 14,2005,
indebtedness by the district prior to its debt, at any time, in any way, Department Head or Elected in the Fort Lupton Press
build-out shall be limited to that for more than thirty(30)days,the Official.
debt which can be sized,serviced district shall be precluded from
and defeased with no more than issuing or refunding any additional 5. Health insurance coverage. A
35 mills for debt service purposes. debt of any kind without receiving retiree working under a phased
written permission from the Board retirement option may be eligible
Sec. 2-14-40. Multiple district of County Commissioners following for continued health insurance
structures. a public hearing on the matter, coverage through Weld County's
A. Multiple district structures are health insurance provider.
not encouraged. It is the intent of B.In the event a district defaults on
Weld County that'citizen/resident" its debt more than once for any C.No Change.
control of districts be encouraged amount of time,the district shall be
to occur as early as possible. precluded from issuing or BE IT FURTHER ORDAINED by
However, when the nature of a refunding any additional debt of the Board that the Clerk to the
project requires a prolonged any kind without receiving written Board be, and hereby is, directed
build-out period, and "developer permission from the Board of to arrange for Colorado Code
control"is needed for an extended County Commissioners following a Publishing to supplement the Weld
and commensurate period of time public hearing on the matter. County Code with the amendments
to ensure"developer financing"of contained herein, to coincide with
the project and infrastructure C. In the event that a district chapters, articles, divisions,
continues, multiple district defaults on any of its other sections,and sub sections as they
structures may be permitted. In financial contracts, agreements, currently exist within said Code;
such case,the Service Plan shall obligations of any kind on three(3) and to resolve any inconsistencies
make provision to dissolve the or more occasions,the district shall regarding capitalization, grammar,
multiple district structure or be precluded from issuing or and numbering or placement of
otherwise permit "citizen/resident" refunding any additional debt of chapters, articles, divisions,
control at an appropriate time in any kind without receiving written sections, and sub-sections in said
the future. permission from the Board of Code.
County Commissioners following a
1. For a project with major public hearing on the matter. BE IT FURTHER ORDAINED by
commercial components, multiple the Board if any section,
district structures may be allowed D.Failure of a district to adhere to subsection, paragraph, sentence,
to balance tax loads and protect any of the conditions, restrictions, clause,or phrase of this Ordinance
future commercial owners/tenants or requirements, contained in this is for any reason held or decided to CASE NO.370207 key 19685
Hello