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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 Supper
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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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.
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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.
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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. For a 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-govemmental 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.
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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.
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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.
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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 17th day of October, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William H. Jerke, Chair
Weld County Clerk to the Board
M. J. Geile, Pro-Tem
BY:
Deputy Clerk to the Board
David E. Long
APPROVED AS TO FORM:
Robert D. Masden
County Attorney
Glenn Vaad
First Reading: September 7, 2005
Publication: September 14, 2005, in the Fort Lupton Press
Second Reading: September 26, 2005
Publication: October 5, 2005, in the Fort Lupton Press
Final Reading: October 17, 2005
Publication: October 26, 2005, in the Fort Lupton Press
Effective: October 31, 2005
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APPENDIX 2-D
Standards for Roads/driveways Accessing Onto Maintained Weld County Roads
To be approved, roads or driveways providing access from residences onto Weld County Roads
must adhere to the following standards:
1. The road or driveway must be constructed and maintained, at a minimum, as a
graded and drained all-weather surface. Consideration must be given to the
width (minimum 20-foot clearance zone) and weight of emergency services
equipment (fire trucks, ambulances, etcetera) which may need to access the
property.
2. Accesses shall be placed in such a location as to have adequate sight distance in
both directions and not below the crest of a hill or where physical obstructions are
present.
3. Only one residential access per legal lot is allowed.
4. If a drainage culvert is necessary for the access, a minimum fifteen (15) inch
corrugated metal pipe shall be required; however, the pipe size shall match
existing pipes along the borrow ditch.
5. No new private residential access onto an arterial roadway is allowed. A parcel
shall share an access point already in existence. Access to new parcels may be
obtained by a mutual reciprocal easement across the subject parcels to connect
with existing points of access or by connection to adjacent public non-arterial
roadways.
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