HomeMy WebLinkAbout800457.tiff FINAL READING
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ORDINANCE NO. 69-A
IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS,
OF ORDINANCE NO. 69 , ADOPTION OF A COUNTY DEVELOPMENT REVENUE
u BOND POLICY FOR WELD COUNTY, COLORADO.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
COLORADO:
WHEREAS, Ordinance No. 69 , In the Matter of the Repeal and
0
Re-enactment, With Amendments , Adoption of a County Development
Revenue Bond Policy for Weld County, Colorado, was previously
0
passed and adopted on the 7th day of April, 1980, and
WHEREAS, pursuant to the 1967 County and Municipality
Development Revenue Bond Act, as set forth in Section 29-3-101,
et seq. , C.R.S. 1973 , as amended, the County of Weld is author-
ized to issue industrial revenue bonds, and
WHEREAS, the Board of County Commissioners of the County
of Weld, State of Colorado, desires to repeal and re-enact,
with amendments, Ordinance No. 69 for the benefit of the inhabi-
tants of Weld County and for the promotion of their safety, wel-
fare, convenience, and prosperity.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Com-
missioners of Weld County, Colorado that Ordinance No. 69 , pre-
viously enacted, be, and hereby is , repealed and re-enacted with
amendments as follows :
SECTION 1. DECLARATION OF POLICY
It is hereby declared to be the policy of the County of
Weld , State of Colorado, to encourage the location, relocation,
or expansion of manufacturing, industrial or commercial enter-
prises within the corporate limits of the County, and to that
end to issue development revenue bonds pursuant to the 1967
County and Municipality Development Revenue Bond Act, as set
forth in Section 29-3-101, et seq. , C.R.S. 1973, as amended.
This policy is adopted in furtherance of the primary objectives
to mitigate the serious threat of extensive unemployment, to
secure and maintain a balanced and stable economy, to ameliorate
U00457
9OO- Rill
at .0 0CTo'ccldockln, M 1 3 1980
Roc. No. isas.IJV /I (l,.uM.�. W.sQCF.i vv
O -I lll/// i�7e
State of Colorado, Weld County Clerk & Recorder
•e.0°‘(91"7 1838730
pollution and other environmental problems and to provide for
the public welfare. All such action provided under this policy,
as set forth herein in Sections 2 and 3, shall be taken only
when the same is exercised for the benefit of the inhabitants
of Weld County and for the promotion of their safety, welfare,
convenience and prosperity.
In furtherance of the policy set forth in Section 1 , the
Board declares that:
1. 1 The Board of County Commissioners will make all neces-
sary determinations of the desirability of projects and
will not delegate this determination to any agent, con-
tractor or employee of the County.
1. 2 The County will not employ the provisions of the 1967
County and Municipality Development Revenue Bond Act
to industries presently located in other parts of the
State of Colorado if the result of such act is to
induce removal of these industries from their present
location.
1. 3 The County declares its intention to require payments
in lieu of ad valorem real estate taxes on any project
in the same amount and manner as if the ownership of
the real estate remained in private hands rather than
in the ownership of the County.
1. 4 The County will require information and proof of such
matters necessary to establish the bona fide purposes
of the applicant, while not unnecessarily divulging
information to the competitive disadvantage of the
applicant.
1. 5 The County will, in performing its duties, seek to
protect and enlarge the good fiscal reputation of
the County.
1. 6 Material supplied under the following Sections of this
Ordinance shall become the property of the Weld County
Government and shall be public records.
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OJ 1838 730
91'7 2'_3
SECTION 2. COUNTY PLANNING CRITERIA
2 .1 All proposed projects shall be in accordance with and
shall meet the goals, concepts and objectives for
development as set forth in the County' s Comprehensive
Master Plan, and the comprehensive plan of any incor-
porated Town or City if such project will be located
therein or within three (3) miles of the corporate
limits of such Town or City.
2. 2 The property on which any such project is to be located
must be within the corporate boundaries of Weld County
and such property must have affixed thereto a zoning
district classification of the County or of an incor-
porated City or Town which permits the proposed project
use.
2. 3 The plans for the proposed project shall be in strict
compliance with appropriate zoning and subdivision
regulations of Weld County and of any incorporated
City or Town, if such project will be located within
the corporate limits of such City or Town.
2.4 The County, in consultation with municipalities and
districts, will review and determine the adequacy of
water and sewer services prior to approval by the
Board of County Commissioners .
2 . 5 The proposed project plans shall be reviewed and analyzed
by the County to determine necessary off-site capital
improvements including, but not limited to, streets,
curbs, gutters, sidewalks, utility easements , water
and sewer lines and traffic control devices . Such
review shall include analysis and comments offered by
any incorporated City, Town and School District which
may be affected by the project. Such analysis is for
the purpose of reporting to the Board of County Com-
missioners the impact of such development upon other
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'°°4-91'7 1838'730
municipal services and facilities . The determination
of which parties shall bear the cost of any required
off-site improvements shall be set forth in an agree-
ment between all parties in interest prior to the con-
sideration by the Board of County Commissioners of a
resolution of intent to issue bonds for the project.
SECTION 3. APPLICATION REQUIREMENTS
In order to properly process and consider applications to
issue bonds for projects set forth herein, certain criteria,
procedures, guidelines and requirements shall be followed and
submitted by the applicants as set forth below:
3 . 1 A written legal opinion directed to theBoard of County
Commissioners from an attorney who is a qualified muni-
cipal bond counsel , stating that the applicant' s pro-
posal falls within the intent and meaning of the
Economic Development Revenue Bond Act. Bond counsel
shall be selected by the applicant with the final
approval of the Board of County Commissioners .
3. 2 Evidence that the proposed bond issue can be sold
through an acceptable underwriter or to an experienced
investor or group of investors.
3. 3 A written application containing the following infor-
mation, to-wit:
(a) A history of the applicant, including a descrip-
tion of its operations.
(b) Historical financial statistics of applicant for
the last five (5) years or for the entire time
it has conducted business . If the applicant is
proposing co-signers or guarantors of the bond
issue, this same historical financial data must
be supplied for the co-signers or guarantors .
(c) A written report from the applicant' s principal
banker concerning the applicant' s financial posi-
tion and ability to meet the expense of the pro-
posed bond issue. The applicant should also
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1938730
91'7 (-S
provide a Dunn and Bradstreet Report or other
equivalent national rating of its financial
position.
(d) Major customers of applicant and the annual sales
to each for the preceding two (2) years.
(e) A resume of principals and key employees of appli-
cant, including directors and officers, if appli-
cant is a corporation.
(f) Applicant' s pro forma balance sheets , income state-
ments and cash flow projections for the next five
(5) years , reflecting the proposed revenue bond
issue.
(g) Applicant' s prepared financial statements dated
within sixty (60) days of the application date.
(h) Copies of the applicant' s financial statements,
either audited or otherwise satisfactory to the
County, for the preceding five (5) years or the
entire time during which the applicant has con-
ducted business .
(i) Complete list of assets to be purchased or con-
structed and expenses incidental to the acquisi-
tion, including costs of the sale of the revenue
bonds .
(j ) A payment schedule or formula for retirement of
the bonds and payment in lieu of taxes and cost
of maintaining project in good repair and properly
insured.
3. 4 An initial application fee of $500. 00 to defray the
costs of the County analysis of the proposal as set
forth in Section 4 of this Ordinance shall be tendered
with the application.
3. 5. Other information specifically desired by the Board
not set forth above.
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917 1838730
3. 6 The Board, by majority vote, may waive specific infor-
mation required in the written application for new
concerns that have not been in operation for the last
five (5) years. The Board, however, may request addi-
tional information in lieu of the information waived.
SECTION 4 . COUNTY REVIEW OF APPLICATION
At such time as the applicant has provided all of the re-
quired information and met all of the above stated requirements ,
the County shall conduct an analysis of the information and the
suitability of the porposal for implementation under this
Ordinance.
4 . 1 A County review teamshallbe responsible for analyzing
the application and making recommendations to the
Board of County Commissioners concerning the advis-
ability of proceeding with the proposed bond issue.
The review team shall consist of the County Finance
Officer, the County Planner, and the County Attorney.
In addition, the review team may engage outside counsel
for the purpose of rendering opinions and doing re-
search on the proposed bond issue.
4 . 2 The recommendation of the review team shall include
an analysis of the impact of the development upon the
County, and upon any other interested municipal govern-
ments. The form of agreement for any required off-site
improvements shall also be recommended by the review
team to the Board of County Commissioners. The review
team may recommend that certain conditions be placed
upon the applicant to further insure the repayment of
the bonds, and may recommend that the applicant provide
guaranteed construction contract or a completion bond
prior to undertaking the proposed project.
4 . 3 At such time that the review team has presented its
recommendation, impact analysis, and off-site improve-
ment agreement to the Board and to the applicant, the
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cp-- 911 1838730
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Board shall schedule a public hearing for the purpose
of discussing the application and considering public
comment on the proposed bond issue. At the close of
such public hearing, the Board may determine whether
or not to proceed to issue the bonds and shall adopt
a resolution formally declaring its intent.
4 .4 If the Board of -County Commissioners has considered
the application and the report from the review team,
has conducted a public hearing on the application,
and has adopted a resolution of intent to issue the
proposed bonds , it shall direct the review team to pre-
pare the bond issue. The review team will work with
the applicant and with an investment banker and bond
counsel suitable to the applicant and to the County.
SECTION 5. ADDITIONAL FEES UPON ADOPTION OF RESOLUTION OF INTENT
TO ISSUE
5. 1 Upon adoption of the resolution of intent to issue the
bonds , a fee in addition to the fee provided in Section
3 .4 shall be assessed in the amount of one half of one
percent (1%) of the total face amount of the bond
issue. Such fee shall be paid to the Weld County
Government within thirty (30) days of the date of
such resolution to defray the cost of processing of
the bond issuance, legal counsel, etc.
5. 2 The minimum charge pursuant to 5.1 of this Ordinance
shall be $2, 500 . 00 and the maximum charge shall be
the sum of $10 , 000 . 00 , and such fees shall be assessed
regardless of whether or not such bonds are ever issued
or sold.
5. 3 If the Board of County Commissioners desires to engage
a bond counsel in addition to the one engaged by the
applicant, for the purpose of reviewing any documents,
the fee of such bond counsel shall be payable by the
applicant.
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goon J"` 1 1838730
K-1
5.4 The Board of County Commissioners may engage other out-
side experts for purposes of reviewing the application.
The applicant shall be responsible for paying any fees
charged by such outside experts for their services .
SECTION 6. VALIDITY OF ORDINANCE
6 .1 If any section, subsection, paragraph, sentence, clause
or phrase of this Ordinance is, for any reason, held or
decided to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining portions.
6. 2 The Board of County Commissioners of Weld County, Colo-
rado hereby declares that it would have passed this
Ordinance and each and every section, subsection, para-
graph, 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.
SECTION 7. EFFECTIVE DATE
7 . 1 This Ordinance shall take effect five (5) days after
its final publication, as provided by Section 3-14 (2)
of the Weld County Home Rule Charter.
The above and foregoing Ordinance No. 69-A was, on motion duly
made and seconded, adopted by the following vote on the 13th day
of October , A.D. , 1980.
BOARD OF COUNTY COMMISSIONERS
ATTEST: 'f-(k :-s- fir, utty/ WELD COUNTY, COLORADO
Weld County Clerk and Recorder /1/ t
„AY leak to the Bo r C. W. Kirby, Ch4irman
pyr
pdty County lerk Lzeonnard L. Roe, Pro-Tem
A F,D AS TO FO
Norman Carlson
County Attorney LiD�bar�
f
C ,i'C ' Z�i'. , ' ,t
dune K. Steinmark
DATE PRESENTED: OCTOBER 13, 1980
PUBLISHED: OCTOBER 17, 1980
-8-
1.3 tee
Ms wr�st
PUBLIC prima ..,_ 1n AFFIDAVIT OF PUBLICATION
ORDDIINAANCE NO.iA n el r y ,., pe,trodi
IN THE MATTER OF THE tREPEE xD1-ENA g"Pha'Yoti�m�t 'declarY its THE FJOLORAD N BREEZE
REPEAL AND RE-ENACT- t"" w= STATE OF COLORADO )
taxes o4=Protect ffi WeY
MppiprTI&N of A OOUNOE rb a ,iii **Witt
COUNTY OF WELD ) SS
sPo��MagrcPMEY 1FOR. ELL
OR WELD yri n I, Clyde Briggs, do solemnly swear that I
BY s . am publisher of The Johnstown Breeze;
ofc lljp �pHg 1, ' require-
' that the same is a weekly newspaper
S OF WELD>�.
to statale
printed, in whole or in part, and published
willbREAg,Ordinance rig.fit' - in the County of Weld, State of Colorado,
In the Matter ES ths Repeal end va ;tae and has a general circulation therein; that
ik•enactment .With Amsa4-
mints, Adoption of a tlowly °a"• said newspaper has been published
Development Ewa. Bond •1�a t1�'�
Polley Mr Weld Coim�r. Colo-. 1 l ed gitri continuously and uninterruptedly in said
ranoW wag on thepreviouslytay of
and repels- Count of Weld for period of more than
a on the tth y of April;_ , Y
and fifty-two consecutive weeks prior to the
lw}I County purauagt b
Dew County sad M - first publication of the annexed legal notice
Development vet woos
IAA as vet [Drat m �° or advertisement; that said newspaper has
am,'m°1 , g ak & been admitted to the United States mails as
revenue bow mid second-class matter under the provisions of
mBERE >naret e4 the Act of March 3, 1879, or any
ol�shimttonsstaa a bThiYPiitemea� amendments thereof, and that said
Catania° nd WWI
n-enact, with to t. t the, , alit newspaper is a weekly newspaper duly
Ordlnanc° a M�oRthe WIZ',Sn �ti12 qualified for publishing legal notices and
of my tnhabltM d! 7� p�S tlrltp) t°r-P1'in
Cooney safety,
for el pte, cone me emh - w advertisements within the meaning of the
tacit welfare, amvY•
`W�` �o 't h cd d laws of the State of Colorado.
ORDA11vsD OF Ole- >s V) a d That the annexed legal notice or advertise
-
County er„ a "_ aicli ment was published in the regular and
rGumAo.ee,gyrevlarly entire issue of every number of said weekly
and h°rii is,,
reenacted am as wit m newspaper for the period of .../.. consecu-
oows s qa tive insertions; and that the first
aacTloOF CY CY publication of said notice was in the issue of
It is hereby declared td betbe. rated ty o Town- said newspaper dated Q.c.734 A.D. 19.89
g�1cy or the y a[ wall rptt u .permits the proposed and that the last publication of said notice
to oc Coloradr, enm1rsp was in the issue of said newspaper dated
e a nsion location, nlocattrto or
skpa�trial r e maaut ln� SA Theject shall for the reposed
d
1n4ustrlal or tan :: pro pct shall be Id strict , A.D. 19
pnance with roprlate In witness whereof I have her unto set
prises he the a d wpdi r�da.
end t or the r• tM�d.C ty or loon, if my hand this ....,3/ day of �>r.T'
end eo � f]
coos bonds te pro ect will,be-lo41 A.D. 19.J
County and uedbepa 1 corpora
Development Re. (7 Pr.1bwP.
Act, -Y set ee seq.,O.R. n
294-101,amended.tThig• . - .Y Ee The 0011107.itilin ill; an OX/J
inn cflppau s an
in Nitherance� trt s„ R- sod G°-
seriouives to mt 1g the t°naina e - of of to Publisher
serious threat of- extenNv° and sewer p rior to
unemployment, to Meow extensile ve -Cog Clomrtr
maintain a beleaeed andate b •. "
economy, to amslbnte
uon and LP PSooaed Prohc?_ Sati! Subscribed and sworn to before me, a
- problems vide be wed We
''•'",. '"'^"
public welfare. Such *MIMI e t to deter ins Notary Public in and for the C rely of
• provided uherein nder is icludinite g?tbut Weld, Late of Colorado, this 3/Q day of
sigqfa�ite%swan
t e Walks u itycwne- C•-A.D. 19i0
of trio mof , wa and sewer lines
County andc control devices.Such /�,J���� ,,
lire a g Omega ea°Nw ehail Include ana(ytla `er`-c'!"-"`^')
aai commteents offered bp an;
In t_uvthee incor oisitg C cRow Mabe -5<44A-41-,
.... .
fdeTin ae�tion 1,, ct iN Notary Public.
declaees flu : =s is the R1'pu . urof
=siren. is for the pumps* of
1.1 The Board of County Cemm stilts tide impactor
Commissioners will make an
nee determinatlmu of the such development upon other //"/1
desirability of protects and,.w municipal services and teem. My commission expires
rot delegate VW determination ties.The determination of which
to any assn..cmntractosar required Wall bear the costof any
employee of t a i nity: • reali set forth fordo vin an
agreement between an parties
atinterest prior to the County;
by me Board of County
Commissioners of a resolution of
intent to Issue bonds for the
protect.__
8.6 The Board, vote, a.b Yt the Hoard of County
liWittit
maywaive
Cam®fseloaen d nni i�u
woe•ss ) r t M
In
• consider sp le�atlons to t1�v��my4ars. a sd, �
issue
• et �aaprt�certain criteria,oapt�sset forth
erot rf-.mpp{,reepewal Pied yy
ty
below: s" oPPlielotta all
R olor OFAR mPLI 'tNltNhe owerstiord8.{ HMerd �_ �oot forth 81 eAte-dw}rrittteen legal epppinmia8ar haAt ssuoeh a as the axpeplica d -
be
Conunint nrro the s�dfrom a$ MiYrmatlon and mbt-all of
itntat attorney.who la a Qualified s stated retiree nt these
falls µrithintlolersidCanato'w_s ant ayna7anai of the pr land.IN 0�'
meaning tth mum and wteenie a the proposal for
Of the nue Bo d lmµtance. tion _under this
YAevele t vei eta lIBte CMi+anee. to If sac
ork N
County shall
� cl'
r vviW A(,'o1n1 bleroib�r w team the i be
Board cation and recom- all oft •,suck
8 tkkt (lotiionns to he oard of Ely
sitall pot • the
sbamf t can pe att,'th"rpo°us°�d the a4v1.a tY Commissioneo Seem-
the vnMlty of the rem dining 6or^
as ao en Cu�n{1derwriterr orb wit the reposed bond Was'
e tbenced'd investor or p��spts� of the the l�tm�vLiv team shall .i a Board, or tigrotip• y pt
Mkt
thefih.,ppplty tlon coat the Coounty�A meM In addi-
tion, W - 1•
tdink�r the n�°c ipaorma, -the si b w�!, lfor the e' Luau
Uon, e oaf re
O A history of the applicant a do of r sear 'on ntthe �+eaN •
a Yes , ewe
( fin¢ ewemot se¢ei must
omolarperration a,tlgec{lptimi of its pie-bend trot If ono or.more area=
1� Material CS MA rocotnmendatinof the H
Mat ateri last stet-
review team shall the unmet of
an tope=eons-
I11nas..c�ets�or for till entire time(epffa !lots of
upon the O ye be
or i.
Applicant pro singnn_orL ed-the Normupon any other interested
s. �OlYON J F `E
6�It inapt municipal agreement
for
The
uired oK•dtsmelmpro emote shall fake
sortie etipplcal also be recommended by T 1.ins
abandpoiat turn M MmWled !Yvan ,-V,!provided final
leyMr the or guaranTon. view team ss the Board of aeon as-provtd•d by(l
ty Commisslopers. The �Y Home V,
of the VtMel
ew team m recommend
(e) i awn�t'ts� !sport from the We
conce ning principal app banker certain pplidl�beplaced
ooncerWpg q•and
tto an t applicant to the above ce .and-foregoing ion
meet the
i o the to bonds..the repayment of cede. was, d,
meet be expense a anvl presbonds and, mayrecommend prr and wing seconded,
posed pond 1esiW,Thy°deWfc�udd neasaeanteaA constructionprovide
October,
ra resf rt m other - free!or a eking completed-bond prior
ewe to undertaking the proposed
tlaancl t rating of iL Meet.. iir P . NW' COUNTY
(d)•Ma euiltomera of appik. t4.5 eam has
such prieseernttedt Items rreview
m•- t C88I IJNN[ aTY lysis,•- g - ydotonteImpro Impt rd ovement
Chairman
mord rename of s euflullea the hearingf shall n Lv
)A rand
fp�bs bite tams R Itelinnark
ewun a d rye oa apnlie Tune
a, • eemmA t _6bllll trainA n geueretdn
((I) APplf is pro forma �i the Bpoeard may the close of such b e- y Clerk
oar goinwfante data- no seat Lave orr
rmnot to and g eta to the Board
Mfor the-next five 5 Yew, ikail adopts resolution formally tore
Q Aye revenue declaring its intent. p': 1sOrClerk Y
(i}A 's repatrK.9-n► 4.4 If the Board of County ROv AS TO FORM:
cis► (40)d&vs f e spulicati s.°�ud app am, had __O'rney
(t)dean oftha tpbticatte from ho review team, as AtporneY
(i�)te;C�oi•� w hu- de y8P1RESENTED'OCTO-
fmancfai abdomen elther a EmiluSttleTstoads. Itpd'sh direct ISHED: OCTOBER 18..
audited-or Otherwise se ew team to pre the
factoryry.to the County. for.:tr• dieame review t will with Coh Legal 80-373_ _
preced iml�'Ave (5)[Years or h the ark with the bond
app• licant has con iuluc u. b yawmmewel•suitable he� applicant
(1)Complete list of asssoetttsd to lie o aW toc6 Ut N OF
ep�haees . n,yci tsl !aortae of TO ISSUE
sale of the revenue bonds. laa -
payment of qore res U fensof Intent to Moue the
adoption of the
fee
bondsfo and mood r in eku of :1n 8ing the .44tnaddition tts a
of one
Main, good repair •an. of oOnaceeppeerTcCent (;4 percent)
properly Insured. total-face amount of the
issue. Such fee shall be
A�e An initial applic fee of dtb the Weld County Govern-
scooi to tufty of the t within thirty (80) days of
(tlbboouunni analysis of the date of such resolution to
as set loft-ktSe y the cost of processing of
with Or the a shall l A erect bond Issuance,Legal.counsel,
8.5 Other information epecif• 6.2 The minimum charge pur-
tally desired by the Board not scant to 6.; of thisOrauunce
set forth above. shall be •500.00 and the
-_— — - maximum ge snail be the
sum of 510, 00 and such fees
shall be assessed regardless of
whether or not such bonds are
ever leaped or sold.
AFFIDAVIT OF PUBLICATION
THE JOHNSTOWN BREEZE
_- _ STATE OF COLORADO )
1.2 me County will not employ ) SS
the vtstons of the lee?County COUNTY OF WELD )
umcipaut Devetopmeni
0 ue lloca edt .other puts I, Clyde Briggs, do solemnly swear that I
St"�." ti located loatder
f such of Colorado to Induce ie am publisher of The Johnstown Breeze;
ti p { a air : regretoft esei ustriess r that the same is a weekly newspaper
amp present location. printed, in whole or in part, and published
• Alxfrt[tfli * - #:, linty declares its in the County of Weld, State of Colorado,
DEYIDl. quire payments m
BAND tgob s x ad valorem real estate and has a general circulation therein; that
COUNTY, project in the
• `and ma„aer as m'at said newspaper has been published
BE IT BO gsa0 rRTT e$ i� Mpreiverte rata continuously and uninterruptedly in said
WIARAD°O: welsh_ n than m the ownarsplp of County of Weld fora period of more than
the ty' fifty-two consecutive weeks prior to the
WHEREAS, esNo.a 1. the County will require
m the"fateseyeal and anon and proof of such first publication of the annexed legal notice
Re-enactment, la necessary to establish
muds Adoption of a nhs nee e.. or advertisement; that said newspaper has
Develo m t x venue t wmle nee eaaar-. been admitted to the United States mails as
w vhe
g dimvInfo'aation to nan of the second-class matter under the provisions of
t. 1 the Act of March 3, 1879, or any
at "tit 1'd tywill,1ntierform- amendments thereof, and that said
DeveNpm at 11elfeama duties,seek to proteee
deaths Cooatyfucal newspaper is a weekly newspaper duly
Uqualified for publishing legal notices and
tw 1.`y�facial su d•un r the
to t, , seCyt°of °�„ advertisements within the meaning of the
re snag
lit become the propertylaws of the State of Colorado.
g t� �ai' GovernMent
ra1i peld utts That the annexed legal notice or advertise-
ment was published in the regular and
of e, 1val et s.l Y propel o cament entire issue of every number of saaid weekly
newspaper for the period of .....1 consecu-
aesvePrims clu` ewvdeacestaetilobn-a�nhd tidl
five insertions; and that the First
°eeb fort Torhe Couni 'e publication of said notice was in the issue of
hOo�f�ehensive"faster Plan, said newspaper dated Oil , A.D. 1944,
au� comprehensiveTovmptauu"o
asteorporafea Town or Clbti and that the last publication of said notice
a' It roject will be Coca d was in the issue of said newspaper dated
=araror within three GO miles
- corporate limits of such A.D. 19
,oNO1., tip„ City. In witness whereof I have hereunto set
2.2 property on which a�nyy m hand this 4 dal of ..(1a. a
R is hereby dec1ared to be the me sroject Is to be laoaNd Y Y
m1l�y of the county.of Wetld. m Viz"
the cota A.D. 19
slate ocColorado,to mcon, or of umul6 hm aM
tae location,Animal
luring, a darlctcleWtl-
an al or fcommereaW enter daft
ta of the
Ct y ors 7bw�ih P
es with* the co rat permits the proposed �'•• ...As
oorr1isea of the 'to 1 "°°' ublisher
amt Count and tact
w bond LINO i lntrauanppmMK rev- i.t plena for the proposed t
Cto t7N lea;
County and Municipality c anceawith appropriate
DeveloPm tit R vaaue__HHoonnGG and ewitivlelal
Act, as set forf�h m tkn Subscribed and sworn to before me, a
se-alai,lm,etaeA o n.a. u weld County m alp
a�arerencepellcyfea�a project et or Town, Notary Public in and for the C ant of
Hu srau ale su *ratect will be beat Y
objectives to i1P a the corporate limits of Weld�,S"ta.�te of Colorado, this `- day of
serious threat o este:a ty or T a act-. A.D. 1916
main loya balanced c secure aua 2 County, in consultation
math a baleneed end hRat mmee unlci11t1es and die
e em rate taj will-review and de-
pro anon ° - the adequacy of water ��
problems d the an sewer services tDCor to ^5G .`.. efli.a,4.-1
public aa�f0a a alDy the Board u73 County
provladeea under nee Sectionals Ca onere .% NOWry Public.
set shall
b e talk to
S.same is wenractkeeend tor the :L at linodffecctt ens
oothe •tlihttan �o eel b�"Co-unt�yto d9te Q
County for nher, , %ev n- necessary offelte capital ion- My commission expires /l'.I.,p a—
ienc welfare,. eahven- provemente including, but not
fence d 1 e00y set limited to, streets curbs,
forrtth In Sectionaflame
the Mara. gotten. sldewannl utility_
dease-
declares t that:
1 h
.1 The otarwiLL makeng
tie eeary de rprmolfneattahs of the
not deCe betty tit dot termination
not delep
mm�lnnegof tile-contractor or
SECTIONS.ADDITIONAL
FEES UPON ADOPTION OF
RESOLUTION
O OF
T0
6.1 U on adoption, of the
tip 1�on of intent to Issue
��) payment schedule or a fee In addition tothe
and traffic wshallcontrol devices.Such form� t retirement � d in Section 8.4
sham
review Include analysis any,
tin t in in the amount of;
and comments City, T by any; Una
in n of total faeent(3t
incorporated City, Town and pages inalt i rem m repair
and tow face
amour[[
School District wproj m be prefer Insured "rte" ap Such A0
effecter the project. Such ProPe Y to�Weld Coun�Ly Oere-
analy n is for the purpose ofthirty ($0) dd3'e'et
i fill
re to the Board act of, 8.4 An to application fee of date of such resoluwa
Commissioners the. impact O)&ta defray- me costs of the the cost of proces
such development Mew upon h� ethertse1Y� as set Sec bond issuance,legal
Te; p4 twerminetlond Mt Ordinance shall be ten red .
required e with the appricatton. E6 The minimum c 8 tor-
scant o a1 �m�yro stmt to 6.1 of this Or
shall been be forth 8.6 Other information sYletf- shall be $2,500.00 and e
agreement,,between all Melly desired by the BOMB met maximum charge shall be the
in Interest br to the set forth above,. Stun of$10,000.00 and such fen
MAW be assessed resuch bon are
of
shoo by e. ) re 8.6 The Hoard.b ma wY. N
Comm' e f re
M or not bon are
intent to issue Wade,6r re rid . ever issued or sold.
project. tion for contents 'p'S It the Board of County.
SEt j�git f b oeepe�rrsatl Commissioners desires t
In order to thowever,
00we el ive IC �Y 1n em • a bond counsel
and consider a ice hone! tlai waived. the smti°nucinatrtthe or the engaged la
ppnnsei� retie any any documen:
lame herein, dsferp C fee of sucli bond counsel shah
Cerin certain- gori •• , BEV N4. Mow payable by the applicant.
sit-in tt•d bbyy�the s At such time as the OF MP
5.44mmissioneiedmay County
set forth DeWw: has provttiii000nned all of the tlh�ee 000tthwheeer outside experts for Otlr-
5.1 A written tgal nod stated»rrs andtqet en Me lion. The aps of eplicantesehaeloII be
directed the Board'of county tl format clan responsible for paying lip=
Comm[ one from of the information an ifi•1rby such
eoutline expMts
alto }yvell s-e Iipleiey of the proposal for
muss wither lmplament8tton under the SECTION e.VALIDITY OF
that-
eighthllthe ) Ordman
man of the 16 4.1 A County review y team i Sea
ORDINANCE
DDere _tint Re tie be a bl maktny St• . 6.1 alI sn section,esubasecct n,
pkrhd countyuse or
ions to the Board
aielhel terse M this Ordinance is for
tile dntt F,F..F IngCo the advisability of re p� an reason,held or decided t0 be
of ' fn with the ro sed invalid or unconstitutiona4 inch
g pn decision shall not affect the
IA issue. The review team s ee validity of the remaining per-
. consist of the�County Planner,
bons.
an officer,the County Pllwrrn
ptelp» tion,ti the yreAview team • 6.2 The Board of County
may om he Commissioners of Weld tSmryc
of.rendering l for Me oDpinio s Colorado hereby declares Static
�in research On the would have aewd this Ordin-
� g� ante and each and every
tWt. sl : tti wt proposed bona issue. section, subsection,, clau par
l 8- sentence, cause and 1916raa
4.2 The recommendation of the thereof irrespective of Um
a review team include' that anyy one or more eed1*ls.the aubsectlons pare�geul'EasMess
�detslaWyma u/pnl. (7D,mtr mmligghht be dmouses,
claarreed to°tie awn
ltlbeia • must Man l govsayernments. • 'Motional or invalid.
forms Of a ement.for any SECTION7. CTi{'L
required off-site improvements DATE
shall also be recmheeBpoar by
teens the review team to the Booed of 7.1 This Ordinance shall tike
�a�n�e1 6tata County ea mm stone TThe 4 effect five(5)days alter Its
fortis oeo•sigthan review team ma ons olls recommend , publication, as provide it
uhatc applicant to ['lacer : Section 8-14(7) of the et
(c) A written report -tb. upon - County Home Rule Charter.
applicant., print insure the repayment. ol,
write;hint _rt bonds and may reeom The above and forgoing
OnanOlei Posttton Ill
that the applfWnt vry Ordinance No. 89-A was on
mM the expense g actor co pletiouctlon acqqnn• mourn duly made end sso�h�ed,
posed bond LISS The ,tract or
a th h bond prw tedby m Mllewing vote on
should also s to undertakingthe promoted ,
Bradstreet • rt or ' protect. A.D., 1980.
egmYalent na rating of
financial position. 4.8 At such time that the review BOARD OF COUNTY
(d) Major customers ° - COMMISSIONERS
cant and the annual Mme de ltr g:rennt LrEFCOLOttAnd
etch for the preceding t applicant,l the Board
p �ouqy c hearing for C.W.Kirby,chairman
(e) A employees
o[principals applicant,attd c Of�
keyy employees of s N
including directors NA°Hera men ran the M Leonard L.Roe,Pro-Tem
if))applicant is a corrprouration. iheaAnAgC
, the Board m
balancepsheets,slncoonte a ttermi nuts ether.yep Norman Carlson
fd.
or cashthefive (s1 �f•eaMrr� shallndoptal resolutionMee
reflecting the proposed ieiarue deelattrtg its intent. Lydia Dunbar
bond issue. 44 If the Board of
nary et Corn kw June K.Stelnmark
c f " ism entw der ed in the "rWe ii and ATTEST:
date.:MO)den Mate a cation • rpv!•w
e Weld County Clerk
ha! and Recorder and
(h) Copies of the appltcsnt's a Clerk to the Board
financial statements, either
audited or otherwise sails- By County Clerk
factory to the County, for the b
entire
five (IiiYe an anriwhich then m the APPROVED AS TO FORM:
�applican"ntt has earaucted.bust- and-in the the applicant
re) _iy ..
- County Attorney
(t)Complete list of assets to be PRESENTED: September 20,
purchased or constructed and 1980
expenses incidental to the PUBLISHED:October 2,1980 in
acquieltion, including coats of the Johnstown Breeze
the sale of of the revenue bonds. Co Legal 80-262-Clerk to Bd.
PUBLIC NOTICE 1. The County declares its
Lion to require payments III
ggpI��y�l` of ad valorem real estate
ORDOtAN NO.•-A on any project In the eagle
ens manner as It me AFFIDAVIT OF PUBLICATION
m,ATTE Lena
-rehtp of the- real estate
A 'A D ii &NA allied In private hands
ME�M r than In the ownership of
NAN CCEEE+ Q. 69. only.
O SJ{ITY. THE JOLORAD N BREEZE
VEn1JL" The County will require
o FOR 7yRi ij, ation and proof of such STATE OF COLORADO )
�RhORADO.' �Lers necessary to establish ) SS
-",,f -13- ' bans' Lia• purpoaesot the
O H 'rE and vtldle lief unnecessar- COUNTY OF WELD )
� '� �p g g Informationantagw me I, Clyde Briggs, do solemnly swear that I
SLONRRR DO. LD co. 4`_ tl ve:AlanGvantage of the
COiiO _ am publisher of The Johnstown Breeze;
air!,ti lance The County will,in pertotm, that the same is a weekly newspaper
4 its duties,leek to protect and
act t, tYith°Athud fiscal repute-
4;4 printed, in whole or in part, and published
lonme Re enue� Of Gratuity. in the Ccaul:nty of Weld, State of Colorado,
w[or d ypasisd and Material*pelted-unaar
+ g o:this Orriv and has general circulation therein; that
d oRa`°te nti day of Apra, come meDreps said newspaper has been published
ens WeldbeCoUn Oovereinenl'.
REA% pursuant to esA shoo ba pu .recorM. continuoly and uninterruptedly in said
County and Muni 1I
wrst ttsee tforreLitveLuIN
... it i2.CORI ERIA County of Weld for a period of more than
1m,a ' � a fifty-two consecutive weeks prior to the
ortaed to Issue the ea- trwr�t•� +pee dal with aandas first publication of the annexed legal notice
ue bands, end Meet the seals concepts or advertisement; that said newspaper has
EREAd, the Board of veal!licit�pve m el
yy Commissioners the epeal And torte n ihecouti ye been admitted to the United States mails as
ad,
of Weld,[u State of poehe�ntsotvne Mar P14t� second-class matter under the provisions of
anct, with to 1LtIDcorporatMh orpo'C1s�n.l(
ce No.69 for the benefit projeat rho be loealed the Act of March 3, 1879, or any
inhabitants _Of Weld orwRDln three(I)tttfles amendments thereof, and that said
is limits of each
for ei canottenyon- oi tcU newspaper is a weekly newspaper duly
y ,end FO ':The Property on which qualified for publishing legal notices and
+,t, '� ebe of W oe within to b° advertisements within the meaning of the
• � leelob at W � D°es of Weld Qot�nt�re have
laws of the State of Colorado.
and ere Is,repealed andand ,, - `]peso m district c - That the annexed legal notice or advertise-
rs-ma `d amendments as ,., opff the tmty or_mot e%
rpatated city or lbws ment was published in the regular and
V ich permits the proposed entire issue of every number of said weekly
yt,TlGN 1.DECLARATION jdct
usrolrcr , ,07he ports for'the promaW newspaper for the period of ..1... consecu-
ie hereby declared tolmthe Epfepject shall lie in strict tive insertions; and that the first
of the County of Weld, --delhplfance with a preprints
an�eubdivts�ri �esu1a� publication of said notic was in the issue of
the t°f°o1 Iad° mso■t ', � otw a_ ttgqt a said newspaper dated �!.!.d, A.D. 19.1�
ante. I project will be locateldf
mutts a and that the last publication of said notice
rate Q°TIMM'� was in the issue of said newspaper dated
0. eve Cmtnty,at eanwltattm , A.D. 19
r
eua° w nitml`teal lee anal Os- In witness whereof I have hereunto set
arthermy hantLthis .. /..f.... day of .f�re-sewer sar /eeor tA.D. 19 0
. C.R.S. Y albters Board�'tbtmty
mutes.•nos pohcy!a '^t mts by the.
Ie i4rtheranrs of the. prltdary
elyyetfvet to mitigate the re e
MAeua threat of axtenalva 1.
ferment^ to see -the County to- determine ��+T- ✓�
a o ameliorate mts off-site capital
bit- / Publisher
to ameliorate tot
and and
en ed to, street�se� Curb 5,
• me oar . plls such for the let
flewty ease-
wende. All acits . at '„ °r a sew* ones
under this as traffic control divides.Much.
herein in sect poll. Subscribed and sworn to before me, a
be taken only wtwts��de sham include sty any
a einhalsedfovthebenefit d offered n and Notary Public in and for the �nty of
e Inhabitants of sof read eve ebp Wel State of Colorado this/7 day of
and for the pro, cony of District m
safety, welfare, cenven• $a the MOW enettcf ..
twtas aria ranceolty b M for Hoare ofcou county .. �. - ..� A.D. 19.� �..
agarSrmce of 1, the policy _ mere,the Impact ofm Section Hoard pme tmmt rig )
s that: �ae servi�es 8r fdetflr , /�
1.1 The Board of County determktet�A ta.which .......... "gt?n t�
Otbmtuiottere will make a sheubear. pspvegtauy Notary Public.
desirability off projects s and will be set form 1n an
not delegate this determination t between Mice.^
to any agent, contractor or - - interest prior to the -
aate et ty //`/-,e,r--
tuwners eta resolution of My commission expires
13 The County will not employ t to issue bonds Mr the
the provisions of the e1967
vel Cpoinutetttv
Revenue Development -- - -
Revenue Bond Act to Industries
ffeLi located m other carte
the filets hf Ctlosado is the
retaot of such th sot b to mdom
removal of these Inthlocation.
from
their present looatlan.
-- _
pp5Atl r" 5.e The __0 r� • 5.9 If the Board of County
i6>sillsff /nay he """° Commissioners desires to
ritton.aett engage a bond counsel in
f0 new concert the Ian additionito the one engaged by
�n peprdq r' �gaeew the applicant,for the purpose of
Mee
�ts.ett th not toap DM
reviewing any documents, the
Ieere n, for pro ate set forth Hirer ) y°ara• tee of such bond counsel shall be
herein, certain criteria, pro- Weever, ma request 1 G hoe-the - - payable by the applicant.
a 5.4 The Board of County
sub}m,,'.itt�edl�.bt� ,�e pppilc°nts, �y Commissioners may engage
�_T "`+"':, Y BM WOFen" A'lN1li other outside experts for ppur
Poses of reviewing the applies
$4tq
�ia -an th tl a+a One.an vl4td all of
dtie,'4et 'iip�} duR aAd att4Rc t1E Of the
p meht.'Revenue B d 14:41111 entatlon er s 8,1 If any section, subsection,
d ficoungel shall ! e•,. paragraph, sentence, clause or
by the applicant phrase of his Ordinance Is, for
fti
the enmity
royal of theer 1'ogrd ,a1 A y 1�'D - any reason,held or decldedto be
[I arc. tieGRR invalid or unconstitutional,such
t • decision shall not affect the
,j.$yen he sold
an men alone.validity of the remaining por-
cn.Jtsbte}° °` 4tet"ro�r' ' 1�
a u Investor or tat w the e 9 s Board County
4Mu Commissioners of Weld County,
consist of the Cod ty n Finance Colorado hereby declares that it
Cos- Officer,the County Planner,and would have passed this Ordin-
the County Attorney. In addl- ante and each and every
thin, the review team may section, subsection, paragraph
engage outside rearmscounsel for the sentence, clause and Phrase
(in .tdriait tog apillitini, purpose o[ rendering opinions the thereof irrespective of the fact
a description of its and coin research on the that any one or more sections,
proposed bond issue. subsectlona paragraphs
sentences, clauses or rases
W p �taive 4.7 The recommendation de the might be declared to be uncons-
G(gw) �°p�rBrforntt for the -dye review team shall include he 'Motional or Invalid.
le ur ad entire R develops of the impact of the
lea atnductgdirop. .tae development upon the County, SECTION 7.EFFECTIVE
a Meant is pro,Nana.L be- and upon any other interested DATE
or _earggFpre' -.Gee municipal governments. The q 3 This Ordinance shell tape
Gt14 'teal form of agreement for any
sits W required off-site lmprovementa effect five(5)days atter its final
rtaoo-sg or shall also to the eBoar by publication, as provided by
the review team to Board of Section 3-14(2) of the Weld
(e) A written re 'the County Commissioners. The County Home Rule Charter.
a t'a r1 blunter review team may recommend The above and foregoing
e ni palls VS Nat Certain conditions be placed
poslr�sn to upon the applicant to further The No. B9-A was, on
e;pen insure the repayment of the motion duly made and seconded,
Ipat�ptiyt1�� bonds and may recommend opted by tfollowing vote on
Do•R p an that the applicant provide ncon- _ day
of
set Report or other guaranteed construction con- A.D., 1980.
nt national rating of eta tract or a completion bond prior
pps o^.or,t(pp, to undertaking the proposed nriNITmrmv
project.
(a) Major a ers *start
cant AIM-the annual 4.9 At such time that the review
titea the!preceding two.(2) team has presented its recom-
mendation impact analysis.
Yew and off-site Improvement agree.-
(a) A resume of principals end ment to the Board and to the
ke oy� i applicant,: applicant, the Board shall
ors arts S. schedule a public o for the
ph
if t.is a corporatkt_' Purpose of discussing the appl
i-
cation and considering public
f p ietnt'e pro to comment on Ne propose bond
sleets,' income s Issue.eA th CtOese of such publlic
clad at flow projections hearing,
nett live le years, terming whether or not to
apt p revenue proceed to issue the bonds and
shadecll adopt t a resolution
ln�ntlon formally
( cant's prepared.fluen-
t Ai{��1tements dated within 4.4 If the Board of County
▪ (a6)den of the.application Commissioners has considered
the application and the report
from the review team, has
h) les of the applicant's - conducted a public hearing on
1 statements, either the application and has adopted
to or otherwise' antis- a resolution of intent to issue the
to the County, for the proposed bonds, it shall direct
live<5) years or the the review team to prepare the
e durtttg which thebond w°•slth.T erellcenwt team
t has conducted but woan investment banker and bond
counsel suitable to the applicant
ft) • .- eta list of assail to ye and to the County.
or trotted slid BECf'ION5.ADDITIONAL
Tat"'''' a lag nta1J to..the FEES UPOINC ADOPTION OF
-"+ reventpq RESOLUTION OF INTENT
TO ISSUE
A paymM�{schedpis or 5.1 Upon adoption of the
t Ine[ resolution of intent to issue the
of-mate bonds a fee in addition to the fee
ingood re air provided in Section 5.4 shall be
insured p assessed in the amount of one
" half of one percent Oh percent)
I'4 Mt Initial a cation fee of of the ltotal face a tee tshall of he
Xgp50p5.00 to defray"the costs of the bold to the Weld County be
County analysis'in of the rata ment within thirty (90) days of
on-
r
qslq focc m tall
a d ' the date of such resolution to
salt foe shall be tendered- defray the cost of processing of
salt tl applteatlon. . the bond issuance,legal counsel,
S:5 Other*information await- etc.
tally desired by the Board riot 5,y The minimum charge pun
set forth Above. suant to 5.1 of this Ordinance
---- — -- shall be $7,500.00 and the
maximum charge shall be the
sum shallobfe'assessed rreegard dless of
evere e not soldsuch bonds are
issued or - -
Hello