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Home My WebLink About881720.tiff RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 7, TOWNSHIP 10 NORTH, RANGE 61 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO WHEREAS, the Board of County Commissioners of Weld County, 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, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put up for bid to lease, and WHEREAS, Union Pacific Resources Company, P.O. Box 1257, Englewood, Colorado 80150 , submitted the high bid to lease 43 .25 • net mineral acres, more or less, described to-wit: Section 7: Lot 4 (SWISWI) , Township 10 North, Range 61 West of the 6th P.M. , Weld County, Colorado • WHEREAS, Weld County desires to accept the high bid offer submitted by Union Pacific Resources Company to lease the above described mineral acreage for THIRTEEN AND 50/100 DOLLARS ($13 .50) per net mineral acre, for a total sum of FIVE HUNDRED EIGHTY-THREE AND 88/100 DOLLARS ($583 .88) , together with a rental fee of ONE DOLLAR ($1 .00) per net mineral acre, which lease is to run for a period of three (3) years, commencing May 18, 1988, and ending at 12:00 noon on May 18, 1991, unless otherwise held, as stated in the lease agreement which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the high bid offer of Union Pacific Resources Company, P.O. Box 1257, Englewood, y . Colorado 80510 , be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed_ ,4,5O/6d en A.ct1/Pie 880371 Page 2 RE: LEASE - UNION PACIFIC RESOURCES COMPANY (61-10-7) The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of May, A.D. , 1988 . v BOARD OF COUNTY COMMISSIONERS ATTEST: ' "' WEL OUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board ene R. Bran er, Chairman C.W. Kirby/7/4 Pr Tem Deputy Count Clerk AP ROVED AS TO FORM: J. cque ;nnee �ynsCM (Li09. 2 1/41 ounty Attorney Frank ' amaguchi • 880371 Parcel #12 AR2L42Z6Q VELD COUNTY OIL AND GAS LEASE Containing 43.25 acres, more or less; • Containing 43.25 net mineral acres, more or less: THIS LEASE AGREEMENT, dated this 18th day of May , 19 88 , made and entered into by and between WELD COUNTY, COLORADO, a political subdivision of the STATE OF COLORADO, acting by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WEIR, for its respective interests, c/o BOARD OF ``i m COUNTY COMMISSIONERS, WELD COUNT: CENTENNIAL CENTER, 915 10TH STREET, GREELEY, CO 50631, hereinafter called c r b.) Lessor, and: %.O - _ Union Pacific Resources Company N P. 0. Box 1257 �q 'd Englewood, Colorado 80150 x1 (] hereinafter called Lessee: 7C y N <Sa WITNESSETH ,q N ' cu (0 O WHEREAS, said Lessee has applied to Lessor for an oil and gas lease covering the land herein described, t9 and bas paid a 'filing fee in the amount of $10.00, plus a bonus consideration of $ 13.50 per mineral igo- acre, fixed by Lessor as an additional consideration for the granting of this lease, and Lessee agrees to LH\ pay an annual rental of $ 44.00 , computed at the rate of $ 1.00 , per mineral acre or MI N Z Fraction thereof per year. n co r CO WhEREAS, all the requirements relative to said application have been duly complied with and said C+] x• application has been approved and allowed by lessor; f+ rn THEREFORE, in consideration of the agreements herein, on the part of Lessee to be paid, kept and o • performed, Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for, �ijcn development of and production of oil and gas, or either of them, thereon and therefrom with the right to ocm 2O all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of 7i this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph pi to ' lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and 'd a any and all rights and privileges necessary for the exploration and operation of said land for oil and gas, till o the following described land situated in the County of Weld, State of Colorado, and core particularly t+ described as follows: • DESCRIPTION OF LAND SECTION TOWNSHIP RANGE o � a no _ Lot 4 (SW'Sw3 ) 7 ION 61W o co TO HAVE AND TO SOLD said land, and all the rights and privileges granted hereunder to Lessee until the -- -- hour of twelve o'clock noon on the 18th day of May ,_ 19 91 as primary term, and so long thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking operations on said lattd, subject to th* terms and • conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no relay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of them, or that such reworking is commenced within sixty days upon cessation of production for the purpose of re-establishing the same, and provided further that such production is commenced during such • LEO/S-O 880371 (Rev. 11/86) - ' ° primary term or any extension thereof, or while this lease is in force by reason of such drilling or reworking operations or other production. EXPLORATION - Lessor reserves the right to conduct exploration on the leased land provided such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree as follows: Dri 5O 1. RENTAL - If this lease is extended for an additional term as provided for in the EXTENSION _ o tJA paragraph hereof, Lessee shall during such extended period pay to lessor an annual rental at double the rate C"' above specified for the land covered hereby. The rental in effect at the time production fs established shall not be increased due to the term of this lease being extended by such production. Rentals set at the z n time of established production shall be paid during the remaining life of this lease, annually, in advance, e< 4 on or before each anniversary date hereof. There shall be no refund of unused rental. - › • Z 2. ROYALTY - Lessee shall account for any and all substances produced on the leased land and Lessee „l Y shall pay to Lessor as royalty, in addition to the rentals provided, but except for products used on the C c leased land, unavoidably lost or flared on the leased land, with approval of Lessor, the following: to V1 Co (a) On oil, 1.21% of the oil produced and saved from the leased land. H Ot 1•l � ' H N At the option of Lessor, and with sixty (60) days'. notice to Lessee, Lessor may take its z • . royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on the leased land, pt m free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall to not in such case be required to provide free tankage for any such oil for a longer periodthan one x month after the same is run into tanks. With sixty (60) days' notice to Lessee, Lessor nay cease Q, taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at the well which shall not be deemed to be less than the price actually paid to ' tteei Lessee at the well by the purchaser thereof; and in no event shall. the royalties be based upon a market 0 value at the well less than the posted price in the field for such oiI, or in the absence of a posted price in the field £cr ouch oil, upon a market value at the well less than the prevailing price Mess received by other producers in the field for oil of like grade and gravity at the time such oil is run M into pipelines or storage tanks. ce - tri te (b) On gas, including casinghead gas or other gaseous substance, 12k% of the fair market ° value at the well ' r. oS the price received by Lessee at the well, whichever is greater, of all gas 2 N produced and sold from Mee leased land orutillized-o£f the-land- by Lessee. A copy of ell contracts for - sale of gas shall be furnished to Lessor. Where gas is sold under contract that has been approved by -n ce • Lessor, the fair market value of such gas for:determining the royalties payable hereunder shall be the O o0 price at which such gcc Ir sold under such contract. No approval by Lessor of the terms of any such agreement shall operate to make Lessor a party thereto or obligate it thereunder in any way. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty in kind. With sixty (60) days' notice to Lessee, Lessor may cease taking gas royalty in kind. (c) AII costs of marketing the oil mad/or gas produced shall be borne by Lessee and such costs shall not directly or indirectly reduce rhe 'royalty payrents to Lessor. Except that market.tg costs for Lessor's in-kind royalty shall be borne by Lessor. (d) If Lessor owns a lesser irterest in the oil -and gas deposits of the above-described land than -. the entire and undivided fee sirple ..estate, then the royalties and rentals herein provided shall be paid to Lessor only. in the portion which its interest bears to the whole and undivided fee, but no refund of any bonus consideration shall be made by Lessor hereunder. S80371 (Rev. 11/86) • 3. RECORDS - Lessee agrees to keen and to have in possession complete and accurate books and records shoving the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable hours, to examine the same, or to furnish copies o£ same to Lessor upon request along with purchaser's support documentation. Lessor will not be unreasonable with requests. All said .. books and records shall be retained by Lessee and made available in Colorado to Lessor for a period of. not less than five years. Ri bl 4. }EASL'REhINTS - All production shall be accurately measured using standards established by the o American Gas Association (AGA) and/or the American Petroleum Institute (API) and all measuring_devices shall oN be tamperproof as nearly as possible. Gil royalties due within the terms of this lease shall be calculated .P on actual and accurate measurements within API standards unless, a different means of measurement, subject to ;d Lessor's approval, is provided. t S. PAYMENTS & REPORTS - All payments and reports due hereunder shall.be made on or before the day yN such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary term hereof. . NJ ' Pij [gal Oil royalty payments and supporting documents shall be submitted prior to the last day of the g O month following each month's sale of production, and gas royalty payments and supporting documents shall be io submitted prior to the last day of the second month following each_month's sale of production. y vs V] H [J All payments shall be made by cash, check,-_ certified check or money order. Payments having Z uo restrictions, qualifications, or enctbrances of any kind whatsoever -shallnot be accepted by Lessor. P. ('I m penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein. CO Pe 6. PENALTIES - A penalty shall be imposed for, but not limited to late payments, improper payments, .�. operational deficiencies, violation of any covenant of this lease, or false statements made to Lessor. Q., .. 0 Penalties shall .be determined by Lessor unless otherwise provided for by law and may be in the form of, but rn Cn. not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by , 0 Lessor and shall become effective immediately after public notice. Said schedule.may be changed from time to time after public notice. _ m o 7. LAW - The terms and conditions of this lease shall be performed and exercised subject to all laws, p rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the ti o administration of lands and minerals owned by the County of Weld, and to laws, rules and regulations CJ governing oil and gas operations in Colorado. Violations stall result in penalties as provided for by law CJ or as set forth in the aforementioned schedule or shall, at the option of Lessor, result in default as 9!Q - provided hereinafter. o- _ _ - Clo 8. SURRENDER - Lessee may at any time, by paying to Lessor all amounts then due as provided herein, surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved from further. obligations or liability hereunder with respect to the y land so surrendered;. provided that to `. partial surrender or cancellation of this lease _shall be for less than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further thttthis surrender clause and the option herein reserved' to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution ofany suit in any court of law by Lessee, Lessor or any assignee of either to enforce this lease, or any of its terms expressed or implied., In no case shall any surrender be effective until Lessee shall have rade full provision for conservation of the leased products and protection of the surface rights of the leased lard. 880371 (Rev= 11/86) - _ ( .. 9. ASSIGI*WNTS - • - - (a) Lessee, with prior written consent of Lessor, shall have the right to assign the entire leasehold interest of said Lessee in all or part of the land covered hereby, but not less, however, tl-.ae contiguous tracts of approximately :forty (40) acres or Governmental lot corresponding to a quarter-quarter section for any partial assignment, and for approval of such cssignment Lessor shall`' make an assignment charge in an amount to be determined by Lessor. Prior to written approval by Lessor tiY W of assignment of this lease, Lessee (assignor) shalt not be relieved ofits obligations under the terns C, " - N and conditions herein. An assignment shall not extend the term of this lease. - - - - o to • (b) If any assignment of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assigned land, containing the same terms and conditions as ,'v el this lease, and united as to term as this lease is limited, and the assignor shall be released and 'C aa discharged from all further obligations and liabilities as to that portion so assigned. - N . xa (c) Lessee shall notify Lessor of all assignments of undivided percentage or otherinterests. Ki N Said interests will not be recognized or approved by Lessor, end the effect of any such assignments will be strictly and only between the parties thereto, and outside the terms of this lease: and no t dispute between parties to any such assignment shall operate to relieve Lessee from performance of any ta ca terms or conditions hereof or to postpoAe the time therefor. Lessor shall at all times be entitled to m` look solely to Lessee or his assignee shown on its books as being the sole owner hereof, and for the H La sending of all notices required by this lease and for the performance of all terns -and conditions 0 co Z. hereof. el co • t+i (d) Although not binding on Lessor, all instruments of every kind and nature whatsoever affecting x ea this lease should be filed with the Lessor. rn m -• 10. OVERRIDING ROYALTY - Any and all reservations or assignments or overriding royalties shall be PI subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (5%), n O incl:ding any overriding royalty previously provided for unless production exceeds a stanchly average of s fifteen (13) barrels per day or ninety thousand cubic feet of gas per day (90 MCF/D). In theevent that Idfo production drops to this amount or less, any overriding royalties which exceed five percent (S%) tray be 'row suspended. Lessor's approval of a reservation or assignment of en overriding royalty shall not bind Lessor o for payment of said overriding royalty and shall not relieve Lessee of any of its obligations for payment of t" royalties to Lessor as provided by ROYALTY paragraphs herein. n 0 A 11. OFFSET FELLS - Lessee agrees to protect the leased land-from-drainage by offset wells located on - h 0 adjoining lands not owned by Lessor, when such drainage is not compensated for by counter-drainage. It r) o shall be presumed that the !.raductiot of oil and gas fram offset yells results in drainage from the Ieased 0 e° land, unless Lessee demonstrates to Lessor's satisfaction, by engineering, geological, or other data, that production from such oi`set well does rot result in such drainage, or that the drilling of a yell or wells on the leased land vou.d not accomplish the-purposes of protecting the_ deposits-under the leased land.- Lessor's decision as to the existence of such drainage shall be final, and Lessee shall comply with Lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. .-., 12. DEVELOPMENT Upon discovery of oil and gas or either of them on the leased land, Lessee shall proceed with reasonable diligence to develop said land at a rate and to an extent commensurate with the economic development of the field in which the leased land lies. • 13. FOOLING CLAUSE - Lessee ray at any time or times pool-anypart or all of said land and lease or any stratum or strata with other lands and leases, stratum or strata, in the sane field so as to constitute a spacing unit to facilitate an orderly or uniform well-spacing pattern or to comply with any order, rule, or regulation of the State or Federal regulatory or conservation agency having jurisdiction. Such pooling - • 880371 (Rev. 11/66) - _ _ shall be accomplished or terminated by filirg of record a declaration, of pooling, or declaration cf termination of pooling, and b) nailing or tendering a copy to Lessor,- or to-_the depository bank. Drilling or reworking operations upon or production from any part of such spacing unit shall,be considered for all purposes of this lease as operations or production's from this lease. " -Lessee shall allocate to this lease the proportionate share of production which the acreage in this lease included in any such spacing unit bears to the total acreage in said spacing unit. - „1 td 14. UNITIZATION - COMMUICTIZATION - In the event Lessor permits the land herein leased to be included 2 it within a comrunitization or unitization agreement, the terms of this lease may be deemed to be modified to crio f conform to such agreement. When only a portion of the lard under this lease is committed by an agreement, Lessor may segregate the land and issue a separate lease for each portion not committed- thereunder; the term of such separate lease shall be limited as to the original term of this lease. The terms of the lease on K C1. that portion remaining in the unit shell be deemed to be modified to conform to such agreement. o Y Nonprodecing leases shall. terminate on the first anniversary date of the lease following the termination z date of the unit or part thereof modifying the lease,-but in no event prior to the end of the pritary term Z N of the lease or the extersion term of the lease. .' C,1 of Co . 15. PRODUCTION —Lessee shall, subject to applicable laws, regulations and orders, operate and produce PI J0 all yells upon the leased land so long as the sane are capable of producing in paying quantities, and shall en o operate the same so as to produce at a rate contensurate with the rate of production of wells on adjoining eg- lands within the same field and within the limits of good engineering practice, except for such times as w .- there exist neither market nor storage therefor, and except for such limitations on or suspensions of n; prcduction as ray be approved in writing by Lesser. Lessee shall be responsible for adequate site security t- on all producing properties. Z7 m 16. SEUT-IN CELLS - If Lessee shall ccspiete a well on the leased land productive of gas and Lessee is . a+ •• 0 unable to produce such gas due to a lack of suitable market therefor, Lessor ray grant Lessee suspension of pa his obligations to produce hereunder until a stitable market for suchgascanbe found, and during any such suspension period, it shall be deemed that gas is being produced hereunder in psyitg quantities. Except, 0 however, that beginning on the anniversary date text., of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-'.n royalty equal. to $2 per acre of the lease per anntm in r c addition to the annual rental. The minimum amctnt of such shut-in royalty payment shall be $240. Each gg • year's shut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during t=i ae which the well begins production. The maximum extension of the lease, due to the existence of a shut-in g. well, shall be five years beyond the extension,tern as described in the EXTENSION paragraph herein. The granting of eny further extensions shall be at the sole option of Lessor. C>471 O• 17. OPERATIONS - Noexplcraticn, drilling or production operation, including permanent installations, el shall be within 200 feet of any existingbuildir.g or other improvement, including water well or reservoir, without the written permission of. the owner of said improvements. Lessee shall keep a correct log of each well drilled hereunder, showing by nave or description the formations passed through, the depth at which esc" formation was reached, the number of feet of each size casing set in each well, where set, and the total depth of each well drilled__ Lessee; vithinthirty (30) days after the completion or abandonment o`_ any well drilled hereunder, shall file it the Office of Lessor a complete and-correct log of such well, together with a copy of the electric log and the radioactivity log of the well when such logs, or either cf thee, are run; srd also a copy of all drill stem test results, core -records and analyses,' record of perforations and initial production tests, if any. - If any of the-informationrequired by,thisparagraph is contained in reports required to be filed with the'Oil and'Cas ConservationConmission of Colorado, the requirements of this paragraph- for ouch information may be satisfied:by such filing with said Commission, except for copies of the reports as are required by` the following paragraph, and provided that "all such information isirrediately' available to Lessor." Any -proprietary information so submitted shall -rot 'be subject to public inspection under Colorado law. • 880371 (Rev. 11/86) - w Lessee shall bury pipelines below plow depth. Lessee shall set and cement sufficient surface casing to protect the fresh water cells of the area. IS. NOTIFICATION Lessee shall notify Lessor and the surface lessee or surface owner of the location of each drill site at least two creeks prior to commencing drilling operations thereon. lessee shall notify Lessor before commencing to plug and abandon any well by copy of Lessee's request for approval or sundry • notice of intent to plug and abandon. 19. BONDS - Lessee shall be liable for all damages to the surface of the land, livestock, growing ni N crops, water wells; reservoirs, or improvements caused by Lessee's operations on said land. No operations v _ • shall be commenced on the land hereinabove described unless and until Lessee shall have filed a good and sufficient bond with Lessor, in an amount to be fixed by Lessor to secure the payment for such damages as > ti may be caused by Lessee's operations on said land and to assure corpliance with all the terms and provisions k of this lease, the laws of the State of Colorado, and the rules and regulations thereto appertaining. A o6a • bond may be held in effect for the life of production of any well. y ' �o- N . 20. SETTLEMENT - Lessee shall not remove any machinery, equipment or fixturesplaced on said land, Pti rn tri other than drilling equipment, nor draw the casing from any well unless and until all payments ape c o obligations .currently due Lessor under the terms of this lease shalt have been paid or satisfied. Any x machinery, equipment or fixtures left on this land for a period of more than six (6) months after the 3 expiration hereof, shall automatically before the property of Lessor. t'7"-- N I. f7 21. OTHER DISCOVERY -. Should Lessee discover sty valuable products other than oil and gas, on or fpm within the leased land, Lessee shall within seven (7). days report such discovery to Lessor, in which event ty Lessee and lessor may negotiate a provision for production of such discovery. x � 22. WATER - This lease does not grant permission, express or implied, to Lessee for water exploration, R' drilling, or establishing water c,elis without the written permission of the surface owner. If Lessor is the SS1en surface owner, said pemission shall not be unreasonably withheld. _.. If Lessee desires to establish or n adjudicate any water right for beneficial use on the leased land, any such adjudication or application shall 2 be in the name of Lessor if Lessor is the surface owner. The same shall apply to any nontributary water 0 DJ rights established cn the leases land which may be put to beneficial use off said land. r7 CD C• D 23.23. DEFAULT - Upon failure or default of Lessee to comply with any of the terms and provisions hereof M o including but rot limited to the failure to comply with laws, rules and regulations governing Colorado oil tJ and gas operations, Lessor is hereby authorized upon notice end hearing, as hereinafter provided, to cancel ,- this lease as t0 all of the leased land so claimed or possessed by Lessee hereunder, In the event of any O a such default or failure, Lessor shall, before making any such cancellation, send ,to Lessee by certified o mail, to the post office address of said lesdeeas sham by the records of lessor, a notice of intention to 2 W' cancel for such failure or default, specifying the same, stating that if within thirty (30) days from the date of mailing said notice, lessee shallcorrect such failure or default, no cancellation will. be tade. If such failure or default is not corrected within thirty (30) days after the mailing of such notice, and if Lessee does not request a hearing on such notice within thirty (30) days, this lease will teroinate and be cancelled by operation of this paragraph without further action by Lessor, or further notice to Lessee. 24. EXTENSION - If Lessee fails tc make discovery of oil and gas, or either of them, in paying quantities during the primary tern hereof, or during drilling operationscommenced during the primary term hereof, Lessee may make written application to Lessor for an extension of this lease for a term equal to-the primary term as to all of the mineral acres covered hereby (excluding any mineral acres theretofore surrendered as in the SURRENDER Paragraph provided, or assigned as in the ASSIGNMENTS Paragraph provided). The granting of such extension shall be at the sole option of Lessor at double the rental for the-primary term hereof. 880371 • (Rev. 11/S6) ` e 25. HOLD EAFIH.ESS - Lessee shall _indemnify Lessor against all /lability and loss, and against a_l claims and actions, including the defense.of such claims or actions, based upon or arising out of damage or injury, including death, to persons er property caused by or sustained-in. .connection with operations on ;his leased land or by conditions created thereby, or basedupon any violation of any statute, ordinance,. or regulation. - . 26. CONDEMNATION - If the leased land shall'be taken in any condemnation proceeding, this lease shall automatically terminate as of the- date of taking. '---The award for such condemnation shall be paid to Lessor, Psi W except for any specific award(s) paid to- Lessee for severed oil and gas reserves, in which evert o r+ XXXXXXXXXXX of such. specific sward(s) shall be paid to Lessor in lieu et.'royalty lost- byvirtue of the No condemnation. Improvements shall be removed by Lessee per terms in the SEflID T Paragraph herein. If to only a portion of the leased land is taken by. condemnation, Lessor may, at its option,-terminate- this lease :. Or terminate only that portion of the lease so-taken. . - *y 71 . ' *4 O 27. ERRORS - Every effort is made -by Lessor' to avoid errors in all procedures including-:but not .• Z N) limited to auction listings and lease preparation'. _Lessor shall not be Iiable-for any inconvenience"or loss z a+ caused by errors which ray occur. Lessee shall notify Lessor immediately upon discovery of any errors or „xi discrepancy whatever. . . oN - - - to CO 2E. ARCHAEOLOGY. - Lessee shall-not destroy, disturb, car, collect, remoVe or alter any prehistoric or - O historic resources of any kind on Weld County lands as proviced by law. 'These resources include but are not limited to all artifacts of stone, wood or metal, -pictographs, structures, and bones. A discovery of H N anything of prehistoric or historic 704e0re. stall be reported to Lessor or the State of Colorado zw C° Archaeologist immediately. t4'Co t+i 7tl 29. DEFINITIONS 7d r� (a) "Gas" as used herein shall mean all gases (combustible and noncombustible), including but rot limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium. - n 0 (b) "Oil and gas" as used herein shall include allsubstances produced-.as by-products therewith, C including but not limited to sulfur. td-' (c) "Paving quantities" as used here'-n.'. shall mean and refer to quantities el oil and gas or of gig either of them sufficient to pay for the current cost of'prodncirg same. -. t 30. HEIRS AND ASSIGNS - The benefits and obligations of this lease shall inure to and Le binding upon Q - the heirs, legal representatives, successors or assigns ci Lessee; but no subleasestr.4aseignenenthereof, or ` o of any interest herein, shall be binding upon Lessor until the same has been approved ty-Lessor as explained ci OD iA the ASSIGNMENTS' paragraph provided. - 31. WARRANTY OF TILE - Lessor does not warrant title-to the leased premises, -Lur it shall, tycn request. allow Lessee access to such abstracts and other title papersas it hasia_its_ffles. There shall be no obligation on Lessor's part to "purchase new or supplemental or other title papers nor to do try curative work in ccnnention with title to the subject lands. All abstracts of title, whether new or supplementary, obtained by Lessee and covering the subject lands shall become the property of and to delivered co Lessor after Lessee has completed its title examination and curative work, subject, however, to the right of Lessee to use such abstracts upon request at any time during the term of the Lease. 880371 - (Rev. 11/86) - IN WITNESS WHEREOF, Lessor has hereunto sighed and caused its name to Le signed by the BOARD OF CC:UNTY-, CO*1ISSIONERS OF THE COUNTY OF WELD, oath the seal of the office affixed, and Lessee has signed this agreement, tie day and year first shove written. BOARD OF COUNTY COVIISS_IONERS WELD , COOLLOORRADO AI lei 12)fistenersC) '4 DI Ot0 b v ATTEST: 1 - _ Weld County - leflt(ti , Recker f7 atd Clerk EO th�rBoard o 'jj ,% 1.4 Y N yr rn tiaUNION CIFIC RESOURCES COMPANY :71 LESSEE: . CC o Q // HC7 44 I Z Ca Y N co AfiORNEY-IN-FACT N Oa DI STATE OF COLORADO ) SS. ~ COUNTY OFIL ARISI- ) o, O z w The foregoing instrument was Acknowledged before ne th_s 7 day of V� 1" 19 t� _ by ,ss5LL F• (a/ Gear 0 Witness my band and official seal. Z O My Commission Expires: c2 `7 -ya o r o�pBY8� : ti/dyo - �Dyc�.d e� 4 0` a , �:` +/C ,,), Notary Publi !DOROTHY o o MORAVEK rFOF Ctl\-t 880371 (Fes. 11/86) RESOLUTION RF: APPROVE DONATED FOODS AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF SOCIAL SERVICES AND HEAD START AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, 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 has been presented with a Donated Foods Agreement between the Colorado Department of Social Services and the Weld County Human Resources' Head Start Program, and WHEREAS, said Agreement will be effective through May 31, 1989, with the other terms and conditions being as stated in the • Agreement, and WHEREAS, after review, the Board deems it appropriate to approve said Agreement, a copy being attached hereto and • incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Donated Foods Agreement between the Colorado Department of Social Services and the Weld County Human Resources ' Head Start Program be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Agreement. • The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of • May, A.D. , 1988. ATTEST` BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Gene R. mran7'tne�lr, Chairman �a..J C.W. Kir y, Pr Tem eputy County lerk APPR VED AS TO FORM: J-cqu 'ne hn n • Go County Attorney Frank amaguchi y2 DOa3 880377 • • sr-28 (Rev. 4/88) HN 22 123 4450 (ATTISE: Y1) WELD COUNTY HEAD START COLORADO STATE DEPART 520 13TH AVE. CO. 3063 OF SOCIAL SERVICE. >3REEtEY , 1575 SHERMAN STREET, 3RD FLOOR Denver, Colorado 80203-1714 (Child Care Facility) This Agreement is made this _,lath day of Ma,y 19_2$_ by and between the Colorado State Department of Social Services, 1575 Sherman Street, 3rd Floor, Denver, Colorado 80203-1714 (hereinafter referred to as the "Department"), and the of Colorado (hereinafter referred to as the "Recipient Agency"). Whereas, the Department is a distributing agency under a Contract with the U.S. Department of Agriculture (hereinafter referred to as `Agriculture"). The Contract with Agriculture is subject to all federal lows and regulations. Agriculture controls the amount and types of commodities available to the Department. Whereas, the Departaent has the responsibility for administering the Donated Food Program in Colorado in accordance with its Contract with Agriculture, and Whereas, the Recipient Agency is (check type of agency and fill in applicable blanks): ( ) Operating a Non-Profit Child Feeding Program (other than a public or private school), such as Child Care Centers and Read Start, and is serving children daily. (a) Coasoditq - (Checks (b) Cash in Lieu (Check) ( ) Operating a Child Care Feeding Program, and is serving children daily. Have cooking facilities available? Yea No — Storage facilities Dry Storage? Yes No — Freezer? Yes . No - Refrigerator? Yes No ,and Whereas, the Recipient Agency desires to participate in the Donated Foods Prograa in accordance with the terms of this Agreement: and Whereas, as of the date of execution of this Agreement, Recipient Agency meets ell requirements for part.cipetion in this program. • NOW, THEREFORE, it Is hereby agreed: Recipient Agency shall participate !n tha Donated Foods Program as an agent of the Department, in accordance with the terms of this Agreement and applicable legal requirements. The tors "legal requirements" as it is used throughout this Contract includes federal and state statutes, regulations, instruction into yield requirements and any asendments thereto, which are applicable to the Donated Foods Program, which are in effect when this Contract is executed. The Recipient Agency agrees to fully comply with all legal requirements defined above, and to submit any reports requested by the Departaent or Agriculture in a prompt and complete canner, and to enforcer such legal requirements against any process:)rs or sub-distributing agencies which, are under Contract with the Recipient Agency. Recipient Agency shall receive, store, and distribute foods. -and pay for the shipping thereof, if applicable. In addition. Recipient Agency agrees to comply with the following tares and conditions; 1. Dee of Donated Foods That such food will be used only in connection with Recipient Agency's established feeding operation for the sole benefit of persons served Recipient Agency and will not be sold, exchanged or otherwise disposed the Recipient Agency or any of by the by from the p express written approval being obtained the Recipient Agency fromm the Department. Page 1 880371 DF-28 (Rev. 4/88) 2. CiviL S • . and Nondiscrjpination The Program applicant hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Title IX of the Education Amendments of 1972. (20 U.S.C.) 1981 et.seq.). Section 504 a the Rehabilitation Act of 1973 (29 U.S.C. 794). the Age Discrimination Act of 1575 (42 U,S.C. 6101 et seq.): all provisions required by the implementing regulations of the Department of Agriculture; Departsent of Justice Enforcement Guidelines. 28 CFR 50.3 and 42) and FNS directives and guidelines, to the effect that, no person shell, on the grounds of race, color, national origin, sex. age, or handicap, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under any program or activity for which the program applicant recei•res federal financial assistance from FNS; end hereby gives assurance that it Jill immediately take any measures necessary to tifecfuate this Agreement. By c.ccepting this assurance, the program applicant agrees to compile data, maintain records and submit reports, as required, to permit effective enforcement of the aondiscrisination lava and permit autncrized USDA personrel during normal working hours to review such records, books, and accounts as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the Department of Agriculture. Food end Nutrition Service, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the program applicant and its successors. transferees and assignees, as long as they receive assistance from the Department. The person or persona whose signatures appear below are authorized to sign this assurance on behalf of the program applicant. 3. procesaine Contract; The Recipient Agency shall not employ a commercial cc,acern to process donated foods by converting them Into different end-products, or by repackaging thee, without written approval from the Department. If such approval Is given, the Recipient Agency agrees to take such action as may be directed by the Department to enforce the torso of such Processing Agreement and the compliance of the processor with all legal requirements. 4. Service er Xaa ae,�_an Co.n=n ` The Recipient Agency represents that its feeding operations are not now conducted by a food service or management company and will not be so conducted without the prior written a1prevsl- of the Department. Donated Foods will not be accepted by the Recipient Agency before such approval is obtained. 5. Facilities Adequate facilities will be provided by the Recipient Agency and any processors under Contract with the Recipient Agency for the handling, storing, and use of donated foods. These facilities shall be such as to properly safeguard against desert, theft, spoilage. and other loss. The Department reserves the right to inspect the facilities, without the benefit of prior notification. to ensure these standards are act. 6. Enna The Recipient Agency and any processors under, Contract with it will accurately maintain records of donated foods received and such accountability records as say be prescribed by the Department. Such re'orda shall include, but not be linited to, accurate and cosplete records with respect to the receipt, disposal, and inventory of donated foods and with respect to any funds which wise from the operation of the distribution program. The Recipient Agency shall also keep accurate and cosplete records showing the . date and method used to dcteraine the number of eligible persons served try that agency. All records will be retained for * period of three years from the close of the fiscal year to which they pertain. 7. peueabje Cgnt is)erg The fair sarkat value of retained reuseable containers or the proceeds from the sale of (a) reusable containers or (b) any by-product obtained from processing donated foals shall be submitted to the Department. Such retention or sales shall be lade only with prior written approval of the Department. Pale 2 800377 DF-2B (Rev. 4i88) 8. Rescgasibilit' for Damage. Spoilage. Theft sr Otter Loss Once the donated foods have been delivered to the Recipient Agency, its carrier agent, or its processor, the Recipient Agency is responsible to the Department for said food. In the event of damage, spoilage, theft or other loss, the Recipient Agency will promptly notify the Department. In case of spoilage, the Recipient Agency will furnish a certificate iron the County or State Health Unit confirming such spoilage. Any complaints received in connection with the use of donated foods will be reported to the Department. • The Recipient Agency assumes full responsibility for carrying out the tetras and conditions of this Agreement 4and any approved Processing Contracts, and will reist.:rse the Department :For any donated foods improperly used or disposed of or any loss or damage to donated foods due to the failure of the Recipient Agency to provide proper storage, care or handling. If donated food charged to the account of the Recipient Agency is lost while in the hands of a warehouseman, carrier, processor or other person, the Recipient Agency will promptly notify the Department of the loss and provide copies of appropriate freight bills. warehouse receipts, etc., necessary for processing of a dais against the warehouseman, carrier, processor or other person. These copies gust be fully documented identifying the circumstances of the loss, i.e. short, damaged, etc. The Recipient Agency is responsible for recovering any donated foods or reusable containers or end-products from the processors at the and of the term of a processor Contract or' upon the termination of a Processor Contract. 9. Ea;orcement If the Recipient Agency fails to comply with the provisions of this Agreement or any legal requirements it may, at the _ discretion of the Department, be disqualified Iron further participation in the Donated Foods Program and/or the Department, at its discretion, may seek judicial relief, including the specific performance of any provision of this Contract. 10. Extenditures jars Expenditures for food will not be reduced because of the receipt of such donated foods, except that this condition does not -apply to Section 6 foods distributed to schools participating in the National School .Lunch Progras. 11. Utilization And Redistribution Available donated foods will be requested only in such quantities as will be fully utilized, and will be receipted for by the authorized representmtive of the Recipient Agency. The Department reserves the right to redistribute any USDA donated foods in possession of the Recipient Agency. The Recipient Agency his the right to refuse delivery of twenty percent of the total value of donated foods offered for use in nonprofit lunch progress in any school year and to receive other commodities, if available, in lieu of those refused. 12. To the extent authorized by law, the Recipient Agency shall indesnify, save and hold harmless tie State. its employees and agents, against any and ail claims, damages, liability and court awards including costs, expanses, and attorney fees incurred as a result of any act or omission by the Recipient Agency, or its employees, agents, subcontractors, or assignees pursuant to the terms of this Contract. 13. Departmental Approval This Contract shall not be deemed valid until it shall have been approved by the Executive Director Of the Department. Page 3 p 88€13 DF-28 (Rev. 4/88) 14. Anal The Recipient Agency agrees not to assign its rights to delegate sLs obligations under this Contract without prior approval la writinc from the Department. 15. future Effect This Contract is binding upon the present and future elected or employed officials of the Recipient Agency and the State of Colorado. 16. authorized Reoresentetiyd It shall be the duty of Recipient Agency to promptly notify, in writing, the Department of any change in its authorized representative. 17. gifective Dee4 This Agreement is to beeose effective on the date of approval by the Executive Director of the Department as below, and shall remain in effect until terminated by either agency. Either the Recipient Agency or the Department say rescind this Agrreementat any time by thirty_ days notice in writing. Upon such turainatjon by either the Recipient ; Agency or , .the , , Department, the Recipient Agency shall, at its expense return all sinusS donated foods and reusable containers in its possession or in the possession of its processors to such place within the State of Colorado as may be designated by the Department. 18. Adelniatrationfpistri)utfgn Chore* The Recipient Agency shall pay the Department a fixed cost per container computed annually for USDA commodities shipped each month from the distributor • to the Recipient Agency. This coat per container shall be subject to revision based upon fluctuation in the member of cases to be shipped, coat of operation, federal or state funds and number of participating Recipient Agencies. The charge shall be ad?usted by the Department no more than monthly. Each Recipient Agency shall be billed on a monthly basis for the number of containers of donated food received by the Recipient Agency each month. Failure of a Recipient Agency to pay the charge within ninety days of the billing date shall result in suspension of future shipments of foods until the charge is paid. • In addition, the Recipient Agency shall pay the quoted price per case , directly to the state contracted regional distributor as billed for the number of cases received on each shipment. The Recipient Agency shell comply with the terms for payment of the distributor. 19. dui! The individual signing this Agreement as the: "Agency Hesd' or "Authorized Representative' (as attested if a corporation) certifies that his/her signature legally binds the Recipient Acjncy to the teams o#_ ibis Agreement. Please complete next, attached signature 'page. 880371 Page 4 DP-28 (Rev. 4/88) X May 18, 1988 Dote X Weld County Human Resources STATX OF CO LORADO Rese of Recipient Agency Deportment of Social Services 1X S fZ % S guitars and Title of Agency Hsad or Dab Appsoved Authorised Representatives* Gene R. Brantner, Chairman 8 of Co nt3Vommis loners for X CA eat. if a corporation) Irene H. Marra y Executive Director *If al ned by as au prized repruaentatiw, a fora DF-30 Certificate of Authority for Sponsor Representative must be attached. • 8803n Page 5 f; mEmoRA(nIDUm T x. ,,, Gene R. Brantner, Chairman Board of County Commissioners Date May 18, 1988 IIIIIIk To eckman Executive Director, Human COLORADO From Walter J. Speckman, e uma Resources urces I:date— Subject: Donated Foods Agreement Between the Colorado Department of Social Services and The Weld County Human Resources' Head Start / Enclosed for Board approval is the FY '88 Donated Foods agreement between the Cclorado State Department of Social Services and the Weld County Division of Human Resources' Head Start Program. This agreement establishes the contractual agreement between the two departments which allots for the Weld County Head Start Program tc receive commodities for use in their Head Start Program, The effective date of the contract will begin on the date signed by the Executive Director of Social Services and end on May 31, 1989. If you have any questions, please feel free to telephone me. . ' i ° •,.I r S 880377 2nd Reading 5/23/88 ORDINANCE NO. 118-H IN THE MATTER OF AMENDING AND DELETING SECTIONS OF ORDINANCE NO. 118-G, THE WELD COUNTY PERSONNEL POLICY HANDBOOK. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, THAT SECTIONS OF ORDINANCE NO. 118-G ARE AMENDED OR DELETED AS FOLLOWS: WHEREAS, the Board of County Commissioners of Weld County, 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 has the power and authority under the Weld County Home Rule Charter and the Colorado County Home Rule Powers Act, Article 35 of Title 30 , C.R.S. , as amended, and in specific, under Section 30-35-201 (7) , C.R.S. , as amended, to adopt by Ordinance personnel policy rules and regulations for the County of Weld, and WHEREAS, Weld County Ordinance No. 118-G, the Weld County Personnel Policy Handbook, which repealed and re-enacted Ordinance No. 118 , as amended, became effective on March 29, 1988, and WHEREAS, the Board of County Commissioners of Weld County hereby finds and determines tlat there is a need to amend and delete certain sections of Weld County Ordinance No. 118-G, and that such amendments to and deletions from Ordinance No. 118-G are for the benefit of the health, safety, and welfare of the people of Weld County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that the following sections of Weld County Ordinance No. I18-G are amended or deleted as follows: Delete all of the section entitled, "Residency" and contained on page 13 of said Ordinance No. 118-G. • /2rr47'i ' a- nw- - •4DDDY110E lit 1ledi(. . AJ,,ridai'it or PublicationIt THE,EDITIIIIE-trailliii iNO;AND DELET1tIO"`alt'CTOtta- Orf*DINANCE NO: T•kE• - . WEIR COttlit74 Es."- POLICY NANDSOOK. •E IT ORDAINED SY ThE ST.T- OF ('Oi.Or'?.DO1 BOARD.of-.awnans.< 1mtn- C.OU of 1l ct;I ss. BlONERS;'OFs'WSD't"COUNC:.- COLOR/fDO.:THAT:SEC'11ONS CF ORDINANCE NO. 111.0•, ARE A. Winkler Riesel ,,: MOOED.O1tA).. �E4Z4I I*; • IS EREAE, 1aa$event ortoun- Platteville Herald mmia assn fAtiol1 Coon- a n. pubs r o. ty;farad.:ylikiw-a W r?;C.1dRti%` .. - — to at.beS'sud t.w$ld"Caen/ t.^.a NJ r' a ,A..<• is rt:,:, r< ..spa p- •u: F' hrNg ncra� Ifoe,--Ro a'C Es vYdaRA cC. ..1 .i7 r_.. . . •+an .: .. p'.:.. J . 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P Cyr"7 Ordknava_ssai»\tones Ivan Add Sr twN dns•-t'ac�M..SO nc a s :c^r^: :hrrro(.. rho: hr -s: SRC M/- . .air MM Cawfy.4t 'd. net in lss•Yo=we/11W ^ . y o s: C nc;•rc ux ro a -cd :n the W.1d.rrld',_„ •-, - -Contact Is lard AO nee • - .Esc- o' sa C rcv:cpa-.`. Jt- 7:c. the Ca•.t. the WHEREAS. Wad Cody 0,4- 14 et•det Orlu.nea.N..".InC. r- F nor.. M► 11f•O..'asr 71e11 Came- Pse01111M yyry ��: !It Prsonnot.Prtlryr,hone ol. : -P.tools enat aaYd.daltn% _ 11 CYe o.` May A D . I- Et&---- which`egBSot and' aeu1A '. adopted +r:dfs.MMcr,:.r'the Orflrnta.:,N.-.1-1R_an_:sa.t.dsd.. Bart of:C tT"ComenboT.rt,Ns aril :'•c los nub'. ca !tierce:. Ira !:c lssuc o.' bonsai M1.etS.. ow"Match 11.: at weld fury.titid•'nY1..dr an s.,r oc..sp„p-:.n.a c ca c.. the g_C:.o` 1y.nak _. tlw wan camey:Adednisarer 'WHEREAS,RN Seed el Cos-. NuW, aKlud(aly...Ant m_c,Ls5tet - . Orsenlosta.r►for1AiN Yh:;: :b.,s::d M: 'C•tasa cion under die4ctRuaeae.Wati June R R Nax.by one.. A.urteh.s eat a.. nailer tlir af.ta► et iMad Ihin-k=a hoed*sowed and de- county ton-intnnona oty wood.. • Platteville Herald MN .titan watbn.._e1 Wad C,,,,,y. �._ r ,,.. .:,::,:c arc .. ..c,. C.*1tyadln.ac N..:n.-Sara : - sE R-rvRTHeeR 'aatruN�w C tic c, e cd i.:, •.�o ur .:43td.n.ab-b;.ont et.i il.t O atxnnn. wCs.ram. doni hem 0t s, No. 11a•O N6ctive flvii s aMic:Yb: _ �- - • : ♦s__ Alr.Awa11tg11M:1' '— 'sabot nodes, as provNed 1/p ,�.. easy,and wlNm a-iM.."."1. ' &Wan'. l-1 .c:c a V:! <y::,c" la 77.1, sl wad Ca.ty. tlomaxR-14421.-Cot_ t • Ctnnry. t — c c c the : c ., or the I NOW. TNERE' is-.Efi R OR- 'Slot damn Sad Mery.caG`"anL-_. • • c..., . d ':a• :.. I - ._..••,:', :hc I DINNED.by trRsrd•.i1'Geuny nonce No. 11s-N nab,.orc rn.daR ..': . ..... _ .. 7 Caxc-_. ' Ce le ^Hasa'M 1N!at.Courly. duty made site ..colAoa .ad6Dt- . . _. Caamds Y.t d.aeNeMrtar'a...• ,.. _„ ,.r - > a , , '•c-.< r ... ,td'q:tM totl.satp vWyawtt's . -tiefi W Wald aunt anronti. :__ day •f., ._-SAL • " ',`.. tea. 11a<1.:w rAM.d ire**. :Saba - r Ac 1'...r:< t . c - Cow- N.o1aYf�i • ,•,, rota « . .: `..c i, .-stele atl ef Inlb atlquu`wal- ROARS OF COUNTY^COYICJ _. .. arias. c•.;. I 1Nts'RWOasaY artE:illinn. STONERS.. ' en Mild 1] of.aM Ordaslu 113- WELD COUNT CO."ORADO 7 It •Rae,�+�^^��.w• '.:gyres R"1Na0ar.C7tMRme[ 7 'M.,4dae:of vstagteltfh' m S ' _ i P th b Ann .o a •oe_pmYNi- C;W. IOrby. Pro-Tam % Yaanaa Mral. ' Qillid.W;M• ..• ...: Parr* et z.W..Orilpaeae It. JaNtNdr. Jar man 1n a 2 �... . _ '7u'iY Nesmaos.M#.rwts tai .Aston£:LaKY u- ,.r,UyM:wla as a(IbRKw ale IC)e.' �) i a4Pwmrlema rasstsadetara tow* Y.wyaW •,y , , ., ,u 1'- t P-�' r.enay- . a -i1TJElT ".°.- Add in Y011oMfnt Ms Void C.Wy, t one M1ew�r ' 11•• qt yh tlw 1h. Ait01.14 . I 1,441. 11.r,girt r'tM 11seW'' N..c_,c, t ( -'yak'l...w' Set+enMMBt.an qCmttlCera M 31 at �iYs lYl7N :-?'. =. ' iv,: k r LIRST SECURITY BANK res:CD - CAP*ROYED AS T t-MR* y k radar tdl`aftt aiioty..e - . - 6r'5.Qth.Stains - r..ris.rt..lia;s1i leAV .w 'Crass deems ' " '> Foe Lupton, Colorado 8062: E am ken toccurrair:fl Ma sP':, 4; net. :let oe•awMdnit WWWWSP ^Mae 7111.Ieilei$ I o{�ab.New Mysloi alV - to-10.'4w;n. ;,• • ! +1m...Dmelsy...t.hi ,y; '4- l- et 1 s.. .MNn..�. ..►F..1e , f AR2A42185 EMERGENCY ORDINANCE NO. 148-A IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION FOR THE YEAR 1988. o1-J BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: �s 7J S tl �1 A WHEREAS, Section 29-1-111 .5, C.R.S. , 1973, provides that, if during the fiscal year, the governing board deems it a necessary, in view of the needs of the various offices or departments, it may transfer budgeted and appropriated monies from one or more spending agencies in the fund to one or more moo spending agencies in another fund and/or transfer budgeted c' appropriated monies between spending agencies within a fund, and coo �tn M N WHEREAS, Section 29-1-111.6, C.R.S. , 1973, provides that, z if during the fiscal year, the governing body or any spending no agency received unanticipated revenue or revenues not assured at boo the time of the adoption of the budget from any source ether z than the local government' s property tax mill levy, the m governing board of the local government may authorize the a'in expenditure of these unanticipated or unassured funds by wen enacting a supplementary budget and appropriation, and o - It v WHEREAS, the Board of County Commissioners of Weld County, c has been advised that supplemental appropriations in accordance with the above need to be made in fiscal year 1988 in the trio General Fund, Road and Bridge Fund, Health Fund, Human Resources d Fund, Capital Expenditures Fund, Ambulance Enterprise Fund, Computer Services IGA Fund, PBX IGA Fund, Housing Authorty o Fund, Health Insurance Fund, as more fully set forth in Exhib:.ts n "A" - NJ", attached hereto and incorporated here in by ocn reference, and WHEREAS, this is a case of an emergency caused by a contingency which would not have been reasonably foreseen at the time of the adoption of the 1988 budget, and WHEREAS, by Section 29-3-114 , C.R.S. , 1973 , the governing; board of a county does, in an emergency situation, have authority for the expenditure of funds in excess of said budget, by Ordinance duly adopted by two-thirds of the vote of said governing body. Page 2 RE: ORDINANCE NO. 148-A NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that the budgetary Pttn appropriations to the 1988 General Fund, Road and Bridge Fund, Pf.. Health Fund, Human Resources Fund, Capital Expenditures Fund, • Ambulance Enterprise Fund, Computer Services IGA Fund, PBX IGA c Fund, Housing Authority Fund, Health Insurance Ft.nd, as more fully set forth in Exhibits "A" - "J" , which are attached hereto and incorporated herein by reference at this point, which was '< o made necessary by an emergency caused by a contingency which yc.) could not have been reasonably foreseen at the time of the z adoption of the 1988 budget, be and hereby are, approved. t9 BE IT FURTHER ORDAINED that an emergency exists which requires that this Supplemental Appropriation Ordinance No. 53 m 148-A is declared to be an emergency Ordinance under the y u, provisions of Section 3-14 of the Weld County Home Rule Charter. 1:43Z, Z The above and foregoing Ordinance No. 148-A was, on motion 0-c"; • duly made and seconded, adopted by the following vote on the m 23rd day of, D. , 1988. �� xo BOARD OF COUNTY COMMISSIONERS +�^ �� ATTEST: COUNTY, COLORADO a� Weld Cod ,a� rlr ' Recorder1&C a fitQnw _ and Cler -41ra a Board Gene R. Brantner, C airman v tg Deputy County erk ' � C APPROVED AS TO FORM: Go . t ac V ' on) o a que ne o nson c' County Attorney ' t Frank amaguch Published: May 18, 1988, in the Platteville Herald Read and Approved: May 23, 1988 • Published: May 25, 1988, in the Platteville Herald Effective: May 23, 1988 SUPPLEMENTAL BUDGET APPROPRIATION DISBURSEMENTS n PAGE / OF .3 F ta/n N � ACCOUNT CODE BUDGET LEDGER FUND NAME C PREVIOUS NEW - - INCREASE DECREASE FUND- DEP'T ACCOUNT 0 DEBIT CREDIT BUDGET BUDGET gi°,N Y OR . 00 O1 [06/ ba.36 - Cc s� 3) 64 00 P0 . i }-• oc • oo` d) lob! ,638t - it B '/3er 00_ . o0 ,W„r Oq o0, o 1 a3)0 6350 B /O773 oo 0o o 0° nont NicRw%«` Oq oo o /o9/ 6 5ro B /0000 00 00 N r In W Ash. i, OR o0 o 1 /09/ 63Sv _ B /90.7y 00 oo `° '' De I oc, , 00a)! log 33t B ,y• 3 00 00 CL-en oc oo 01 also 6. 6 B 17003 00 00 '` c C OC oo "! /t23 635" B 8l r ' CO laa _ OC _00- C? //2. £3s6 _B , yi/V o0 o0 Pt op ! oc 00 01 io/V 63A0 B 3-000 , od 00 g L�o OC 00 0% I-,J; beg/ B OR ,Scx�o 00 y co n �`4 oc 100 D /031 6 3/ 0 B / 7000 00 00 H N !r OC 00 O/ /025' 62 / 0 B 00 /.SOO 00 to VL oc 00 a f /yys' 69y0 B /S o 00 00 o VW o0 of , 1i3.6 33yo 1W s . oc y//yi00 x � oc oo 01 r,215o 4 /19 B /Q,99 00 00 intit oc 00f) .1 _a1Sv /!v3 B ,2,0 oc 00 0 1'1..41t OC , 00 . ) i/ho !/V B 34 oC o0 ' / . oc oa 0 ' 0V >, 6 /V B ,2trkO oc oo. Wo L . _OC r 0 ,,2( o 3 Yilt , B OC. 377g9 00 f l OC 00` B Oc OO , v OC oa 0/ Dot/ a4 oa B o0 68 5-i5" 00 24_, } oc o0v/ 110 36 (12- B oc ?CO 00 A0 oc _00 o f v2//o K9fo ,B 8vo OC 00 O ( OC OC B OC 100 • L OC OC B OC, 77 Iaa r OC B oO I OC 0C _ B . 00 100 OQ OC B , 00 ,00 4 00 OC, B • a0 00, rr - OC, 3 OC 00 nt) Of 3I 04 100 no „1; 3 1 od ' 00 f 1 • f , 00 0 (00 ' RESOURCE FOR SUPPLEMENTAL BUDGET APPROPRIATION /,,. PAGE g._ OF 3 - - , fJNID NAME Ti- tr i ACCOUNT CODE a. BUDGET LEDGER PREVIOUS NEW ' C FUND DEPT ACCOUNT D DECREASE INCREASE BUDGET BUDGET E DEBIT CREDIT 00 9 9 8°2.7 oo ®a h` 3 U e oo O .2, 00 00 2 90 o l nil - 0 00 00 .11 m l 3 0o lD Infillarleillin 00 00 c w to Y a1 to 00 o2f'1 00 M IMEMEIMMIll 00 0 00 o J III 00 Inv; 00 f�ne 00 00 tTi n 00 / 00 MI 1 (or I NSW 00 00 o > N 00 ,�C r) 00 MI bay, B a� 30 on z 1 N 00 / £r oo b3iv B /..."-/ C 00 00 trl m bl 00 fio 00 6 390 B a ao 00 00 C 1n 00 r- 0 00 '1/4/ 69 0 B '7390 o0 00 y o - (77 00 '3,1'"2 00 DJ I1TI D7 RaO B 30 3 .=b7 7 00 r N 2 00 00 B 00 00 00 00 -IIIIMIIIIIIIM 00 00 0 m 00 00 B 00 00 x o OD 00 00 B 00 00 Q' xrn ten 00 00 B 00 00 DI El 00 �� a o0 00 g 00 00 -- e 00 00 V o 00 00 B •• 00 o II 00� 00la B 0 00 b 00 00 00— 00 h 00 001 0B 00 00 00 0` o A 00 001 B 00 00 p i~y, 00 00! B 00 00 00 00! B 00 00 antil lett PI liff CIP • • ..�.el MI PI 9 00 00 00 B 0• 00 Total Prev'io - 00 Total Increas= a , 00 • Total New ( ea 00 Total Decreas= (.1:,--3 j; ff� Total 00� Total t3— � • a SUPPLEMENTAL BUDGET FOR ENCUMBRANCES PAGES V '5 GENERAL FUND EXHIBIT: _ ORDINANCE # FUND DEPT OBJ PROJ C DEBIT CREDIT mai 01 1021 6210 B 180 O1 1041 6210 B 69 N N 01 1041 6220 B 375 a+ .o 01 1061 6225 B 2, 906 ----1 01 1061 6233 CC B 113 g m 01 1061 6235 CC B 336 z n 01 1061 6236 CC B 1 , 297 0 01 1061 6348 CC B 1 , 164 z m 01 1061 6360 CC B 655 z a 01 1123 6210 B 235 r 01 1152 6210 B 41 m m 01 1945 6940 B 8, 380 z 01 2110 6225 TRNG B 1, 782 m o 01 2110 6390 TRNG B 2, 389 s u 01 2110 6398 CIVL B 532 z a 01 2111 6220 INVT B 225 01 2111 6220 NOPT B 345 n m 01 2111 6361 NOPT B 488 m 01 2111 6361 SOPT B 4 m o O1 2118 6220 B 45 °J 01 2118 6940 B 3,995 u 01 2151 6940 EQPT B 10, 215 m O1' 01 2160 6229 B 32 n o 01 2160 6360 B 56 01 2160 6940 B 1 , 552 ttyco 01 2310 6210 SUDS B 51 7°o 01 2310 6222 KTFD B 175 Z o 01 2990 6210 B 38 _ r 0 01 2990 6350 B 65 o 01 3182 6229 B 66 n 01 9020 6220 B 392 n in 01 9020 6360 B 7, 101 no 01 0001 2800 B 45, 299 out TOTAL _55.4.2.9.9------_ 67/ 1- /4S;67/V /9�S y SUPPLEMENTAL BUDGET FOR ENCUMBRANCES PAGE 1 ROAD & BRIDGE FUND EXHIBIT: ORDINANCE # 1` -A- FUND DEPT OBJ PROJ C DEBIT CREDIT 11 3132 6229 B 13 , 876 11 3132 6250 BCUL B 152 , 019 r 11 3132 6250 BRID B 254,934 ors 11 3132 6360 B 3,856 11 3132 6397 B 915 O1i 11 3132 6533 B 40 11 3140 6229 B 1 , 577 P30 11 3141 6229 B 318 �t 11 3141 6250 SIGN B 4, 500 ;:s 11 3141 6250 TCUL B 15, 459 z 11 3141 6471 B 52, 620 11 3190 6397 B 28,374 m m 11 0001 2800 B 528 , 488 C "' TOTAL 528, 488 528, 488 M N Za ro e� � o CO t� n O a ;vo • Et, trio ,4 r a n O a+ 0 n - O ca SUPPLEMENTAL BUDGET APPROPRIATION DISBURSEMENTS (V` PAGE / OF a i!ga f 421A, BUDGET LEDGER FUND NAME ACCOUNT CODE C ' PREVIOUS - NEW - INCREASE DECREASE FUND D •P'T ACCOUNT Op DEBIT CREDIT • BUDGET BUDGET E 100 i j ` 1 y0 ri3 i 00 ch-Tee)B_ 00 /5-000 00 `_ OC 00 I/ 0 B .5-00o00o 00 00 , Oq 00 B 00 00 • OQ 00 B 00 00 Pil to 00 00 B 00 '00 ON a � co ...4 00 , 001 B CO 00 . co 00 00 B 00 ^00 z n OR 00! B 00 00 o oq_ p•j B ooi 00 z a N 00 £ 00 B 00 00 VI m 00 Oil B Op1 _ 00 c cn 00 OBI B oq 000-3 ul OR 001 B 00 00 Z a OC 00 B OR 00 n a • OC 0.i B 0 00 z m 00 Oil B 00 00 m ii 00 (.OOC 0'I B 0Ct o+ '3 OC Oil B 00 00 cri OS oil B 00 00 0 OC 0.! B OC 00 z o OC 0 B1 OC 00. g i, OC 0' B ` OC 00, o P 0.t 0' B OC 00 8 ,1 OC oil B _OC 00 n a OC 0' B od 00 O ul OC OC B, 0 1001 - 4 04 _ B 00 0. J B 00 00 pp Os B oq 00 �Qi Oc i B 00 001i_00 • OC„ B OC 00 h pr_ 3 o0 .-0 00 f y 1)G SUPPLEMENTAL BUDGET FOR ENCUMBRANCES PAGES fc PUBLIC HEALTH FUND EXHIBIT: ORDINANCE # ,qt - ,4- FUND DEPT OBJ PROJ C DEBIT CREDIT 19 4140 6220 B 140 19 4140 6229 B 2, 441 19 4140 6250 DRU B 157 19 4140 6250 FPC B 11 19 4140 6250 MED B 502 M w 19 4140 6940 B 1, 345 NJ la 0F' 19 4170 6220 B 2, 016 19 -170 6250 GNRL B 128 19 0001 2800 B 6, 740 • n TOTAL 6'74 8— �- > N x• � 7yo a/ 7/o u) o (11 I-4 b7� N N z0 CO r ao tti m• e) c t� n O xo 0 PI 0 O 03 r OLI1 RESOURCE FOR SUPPLEMENTAL BUDGET APPROPRIATION • - • PAGE 1 OF 1 . Htjn RPM fcc and 21 ACCOUNT CODE BUDGET LEDGER - -• ND BUDGETS NEW BUDGET 'FUND DEP'T ACCOUNT Ts E DECREASE IDEBIT CREDITE I • p0 M1 . . II a 00 2.871 40` 00 00111 6300 6358-6 B 2,871 00 00 00 - 00` 6310 3340-6 8 00 19,103 0( bi a, 00 oo1a j 6111-6' . e 16 , I 00 OC o Nr . 00 00 6320 3340-6 g 00 50,053 0C n - 00 00 6320 6358-6 B 50,053 00 oC t 00 001 6360 3340-7 B 00 13,170 oC i< o 00 00 6360 6940-7 . B 13,170 00 OC Z ire 00 00 6370 3340-6 B 00 2,095 oC ti' • 00 00 6370 6110-697 . g 2,095 00 co OC c 0 tii 00 00 6380 3340-6 g 00 25,870 OC 7 o 00 00 6380 6110-6 g 25,870 00 ,OC 00 00 6470 3340-8 B 00 14,000 oc 2 00 - 00 6470 6358-8 g 14,000 00 00 .074o . Co 00 6710 3340-7 g 10,000 00 00 x O 00 00 21 6710 6110-797 B . 00 10,000 00 R, 2) 00 00 21 6760 3340 -8 B 00 19,750 00 °' 00 00} 21 6760 6358-8 g 19,750 Os 00 0 00 00121 6770 3340-8 B 00 27,580 90 00 tv-cn 00 00121 6770 6358-8 B 27,580 Os C0 z • o 00 00( 21 6900 6940-8 B 100,000 0s 00 r o0 21 6900 6110-5 100,000 O 00 O0� " B Os 00 n 00 00! B 0 O0 --i o 00 00; B Os 00 0 ' • 00 0OJ B 0. 00 ;MIR IIII il g o 001 8 Os 00 Total Previous 00 Total Increas. 284,49,2 00 Total New ( 00 Total Decreas, (284,492 00) Total OD Total -0- 00 - • RESOURCE FOR SUPPLEMENTAL BUDGET APPROPRIATION 5 PAGE OF J aH . , ' ri7.4✓ ' Pa' ACCOUNT CODE BUDGET LEDGER PREVIOUS NEW C •FUND DEPT ACCOUNT D DECREASE INCREASE BUDGET BUDGET ' E DEBIT CREDIT 00 a,36.5- o 0 i t'r / . 31 - 4 . B 00 07 -76 00 00 I st3I oo SIM - 4110 : /5-if 00 00 00 1n 00� h /444 -,S-go : /a2 00 co 00 /0 001 6 /46—gsgb IQ 00 f oo '-li t° 00 J7 00 627D z/lsvv : 37 00 00 N) 00 67 D 001 \I (0? 0- 7$ i 45-70 00 00 °''` z 00 001 00 00 g 00 00` B 00 00 N 00 001 B 00 00 =a 00 00 B 00 00 trIta 00 CallIIIIIII a 00 ED VI gig 00� 00 VMS e m00 go f 00 001 B 00 00 HN 00 00I B 00 00 00 00( °D B 00 00 0000_ o0I I 00 Om0 co! 00 00 00 I� I 00 00 w m 00_�/i�71 r 00 00 n 00 001 00 00 00 oat 00 00 ' 00 001 00 00 or 00 00 I 00 00 n fr., 00 00I S II 00 40 0\ 00 MIIIIIIIIIII-1 00 00 0 o 00 00I _ B 0 i X00 00 00 , B 0' 00 Total Previous 00 Total Increas= 0136�- 00 Total New ( 00 J Total Decreas' ( 0136 C 00 I Total 00 Total 00 I SUPPLEMENTAL BUDGET APPROPRIATION DISBURSEMENTS «_ -�-_ _ G /// PACE �OF, mm _ i 1( AME �f�V✓'� ACCOUNT CODE BUDGET LEDGER • FNDNAPSE PREVIOUS NEW C INCREASE - DECREASE - FUND DEPT -ACCOUNT DEBIT CREDIT BUDGET BUDGET E 00 00 b5 11.4( 47YP B /(3ST 0a f00 60" 00 00: GS O001 39/k B 00 /45 '$0 00 00 B , 00 00 O0 00 B 00 00 00, 006 B . 00 00 '3 tu CD ha, Op 00 B 00 00 w I— cy, ‘o 00 001 _ B 00 00 `4 00 00 B 00 00 n 00 00 B 00 00 )-Co - p N 00 00 B 00 00 z N 00 00� B 0O1 � oa oa s �,oo 00 00 B od 00 ut y 0 til 00 00 �B, /6.352 00 /6 dif' oo N N OC o0 B 00 00 A co 00 oat B 00 00 r aD 05 ooj B 00 00 co o OC 0c� B 00 RI 00 U OC OC1 B 00 00 til t OC OC► B OC 00 M-- oC oc� B OC 00 >i o OC OCI B OC 00 fal o . DJ o OC, oC. B OC 00 r" • OC O01 B OC 00 0 OC OC) B 00 OO 0 � nW OC 01 B 0G 00 o v' '. OC 0Ci' B 0 00 _� OC 0 B 0 000 00 0� B 0 00 { OC I , 04I I B {I 00 OU 1 rry OC11 it - B 1 OC 001 1 • I • —0.0 011 - —1 B 00 00 i - n�'i� B od X00 II i '%": • i 00 kO ))/3- 2MY h5Sn ya3 Cc /c G • SUPPLEMENTAL BUDGET FOR ENCUMBRANCES PAGE 1 CAPITAL EXPENDITURES FUND EXHIBIT: {�' _ ORDINANCE # /3/7- $ • FUND DEPT OBJ PROJ C DEBIT CREDIT 34 1944 6920 CC B 56,618 34 1944 6920 CH B 27,952 34 1944 6920 SWCC B 54, 182 34 1944 6920 WALT B 5, 439 34 1944 6930 ROAD B 161 34 0001 2800 $ 144, 352 4 m TOTAL 144, 352 144, 352 O N h+ c' b co •-.3 # CTI 71 n 14 O 'y N z � ait• N h3 M CO CV+ [+7 (p H 01 I-4 t0 H N xa n as t4 co z n+ » crt x a% ns n 0 t�{n po o O • 0 n ) 0 N O n r OUT SUPPLEMENTAL BUDGET FOR ENCUMBRANCES PAGE 1 HEALTH INSURANCE FUND EXHIBIT: Al ORDINANCE # / _4 FUND DEPT OBJ PROJ C DEBIT CREDIT 83 9020 6320 B 60 83 0001 2800 B 60 TOTAL 60 60 i N N W O1 tO V J • L�aJ � n • O • N z � za VI" riOD [+7 0• 0 HUT t+7 H zat• n CO Cleo CO zc eS n 0 tri V O • tom+ O n � ow O n I-- 0 UT SUPPLEMENTAL BUDGET APPROPRIATION DISBURSEMENTS . I N j PAGE /OF( D � ! ' " FUND NAME ACCOUNT CODE BUDGET LEDGER C 'PREVIOUS NEW INCREASE DECREASE BUDGET BUDGET FUND DEP'T ACCOUNT D DEBIT CREDIT E 0. 00 , 1 /192. 6/92- B 51791 00 •o 0 t 00 /, 9 B 00 ' 6: .0 0. 00; 41 1!y G/V3 B 00 Lb .0 0. 00 6 7 1/9 GlyV B 00 'Mac •0 0. ooi 7 l w ,V6 B 00 to e. .0 O N N I-1 0. 00! B 00 00 v t O -4 Ot 001 B 0. .0 Ot5 ii oo! B 0. 00 Xi tai o. 0 B o. 00 z N 0.- 0i� B 0 Z as N 0. 00 B 0. 00 [+J w C". to 0 t 0• a 0. 00 Sdt9 01 O.I B 0• 00 IH to - 0 Oil■ B Q1-00 H r, o. o•� B o• oo r co co 0. 0 a 0. DJ X 0. O.I B 00 Co o.' o. B 0. 00 ,:i a PI 0• o•l B 0• 00 0 0. o•l B } se-17q7 0. S-77V7 00 L • 0. o.l B 0. 00 za 0. 0. F, 0. 00 toc — 0. 0. 3 0. 00 O n r 0. 0• 3 0• 00 O` 0 Ot B 0. OOI n° 0. 0 B 0 00 1 O� 0. 0 B I OC ,00 , --- 0t 0t B I 00 00 0 otl B of loo oa 0 B 00 00 01 - Otl k 3 04 00 01 I 1 a oo 00 ii _04 JRiI R 06 1001, I no 1c;'^ I 7, il OO nod . SUPPLEMENTAL BUDGET APPROPRIATION DISBURSEMENTS /yet-"9- 4/� ,/ PAGE bF / Y ND NAME ACCOUNT CODE BUDGET LEDGER PREVIOUS NEW FUND DEFT ACCOUNT 0 INCREASE DECREASE BUDGET BUDGET D DEBIT CREDIT 6 00, Go al(� 6334 B 7?2 00 00 1. °F . 0o, • 00 6° Doo/ a7X3 B 00 73&_po 00 00 _ B. 00 00 OR 00 B 00 00 '2 0:' 00 00 B - a 00 N N4.1 CD 00 00 B r 0 00 " `' , 00 00 B 0 00 g Xin 00 00, B 0 ---1 00 ' 0 tv 00 CO _ B 00 00 z +* 00 00 B 00 00 ,ri r, 00 00 -3O o 73 z- oo ttfici 00 00, B 0 00 o Cn OC 00 B 0 00 a N N Z a - • 00 00 B 0 00 0 co OC 00 B 0 00 r m tri OC 00 B 0 00 X o co OC 00 B 0 00 ' m (a OC 00 B 0 00 Z 61 0 OC 00 B 0 00 0 OC OR B 0 00 tl 0 Ps 0 , OC 00 B 0 00 OC 05, B 0 00 r, o OR. 05, B 0 00 OC OCR B 0 00 . \ 0 OC OR B 0 00 0 us OC OC B. 0 00 0( OR B 00 0( OR B 0 00 OC OC B Cl00 OC OC B 0 00 no oc B 0 00 Of 0� B Cl00 _ 1 B 0 00 • 11 Or , B 0. 00 8e4tek s „� k - OFFICE OF WELD COUNTY CLERK AND RECORDER r DEPARTMENT OF CLERK TO BOARD .11714 ONE (303) 356-4000 EXT. 422_G t " :' O P.O. SOX 459 •` . PH GREELEY, COLORADO 80635 COLORADO STATE OF COLORADO ) ss COUNTY OF WELD ) I , Mary Ann Feuerstein, County Clerk and Ex-Officio Clerk of the Board of County Commissioners in and for the County of Weld, State of Colorado, do hereby certify that the attached Ordinance No. 148-A is a duplicate of the original Ordinance recorded with the Weld County Recording Department. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Greeley, Colorado, this 27th day of May , 19 86 _ COUNTY CLERK "tip 112.7 By: a��, O- Deputy County -e i Q m u a 15 Bo - h�i ;d Prim ^_2W ' M 1 .44 E Q�zm .-7H CO LL 3p 3J ( � 4 o y- l u 2 »� ° R00 0 '1� m H=x OR v L.‘ ` ?c a$ " 0 = D'i 2 d C tS I6 J Z N O om < E 0 a ¢ HoM ' d a dA NO .*.-ai Czi7... �' a ¢ a? [Et a' • R V �-+ A 5861 aunt'009£uuoi Sd. r f r , ' I I p o S 'ice, x 1 ,1: iIL R -: IIICIa a " % D F C/4) _. r 1 ! 1II : H Sao ; ., III 000 t� ! il ! h g • h G1 M A .]� z y A v R adli_ • 2 t i I'÷. Affidavit of Publication hire r,IIIe s, _.YLa-iasi; STATE OF COLORADO) County of \t'eldl SS. ethellItlel.amarecolisams, f L nnett Wij-ikL er R±e RPM ri gli [awil � ia, w�.spn'.. • ipw.isosl ioneasutw�tnr • said County M Wi ht brine duly sworn Div that I -■tglr�liMwlu�sMtlwwRdMstrc am publisher ul Platte�clle Ht=r1� '- O elfin.. that.the same is a weekly rrwspaper+,l general ° 141,LE�: circulation was panted and published in the cps town of ee -, :1MP.;nM'Mt w':. Platteville se in said Count' and state`. that the notice cit adccr- 1` sem a:t ent.of which the he\ed:sa:ruecopy has Metal t: !wall . been published in said at-d.> newspaper for Lr);.tlw 1 ftQbcd'. lasnresrt' ?efl.a two cOnSeCutiee eV.Iiinit-Sathits‘a iv= alrri yt 'v. wrks: that the notice was published in the • every regular and entire issue of eve number of said - , - i, ,•,f ra eat w.. :. ❑ewspaperdunng the pcnod and time of publ:ca- •«.+ lion of said notice and in the newspaper proper and not in a supplement thereof: that the first r x.,• hr +« r • �"^ publication of said notice was contained in we ,. 1.1/2 ,�,$„y, issue of said newspaper bcanng the date. the • -+° 18 Cate or May t A.D.. 19 88 .:: r,- "" ' ' .frltgh and the last publication thereof. in the issue of fiiidale It Nwi.11islli, ,'.. �ne;S "•id newspaper,bearing date.the 7g day of t.;„".," May 1488 that the said ,...,,:::" 'at tlll.ew' Platteville Herald l~. has been published eunnnouse; and unintcr- a Melt ruptedly durnc the penod of at least fifty-two — yftii�lliSor9 consecutive weeks next prior to the first issue C `�:F li!'Na-eitielribisaitinsissawillautok thereof containing said notice or advertisement lesei iwq fit et w allin el • above referred to: and that said newspaper was >r tiSiiuIt-� • , at ce time ofu each of the publicationsw1. of e w notice duly Qualified for that purpose within the p meaning of an act entitled. '-An Act Concerning• r; �a{tdtilR'O.Iwll+, If Legal Notices. Advertisements and Publications elMlM• .o and the Fees of Printers and Publishers thereof. `,.* . and to Repeal all Acts and Parts of Acts in Con- Faia tele•dflsnie!Ss flirt with the Provisions of this Act" approved TiestiCiSIF fail ' April 7. 1921. and all amendments thereat, and li Peet peer particulaniv as amended by an act approved. -fwdws.SSif• iimpfillellit;in' S March 30. 1923. and an act a p Died S // '�[rS iRMMi- � �� ,tilyN.f`�1M&Mf+�farOr 13/41a) hwi b ge .•;wwlnwRM+syrawelalwsl.e. Subscribed and sworn to beinre me this �� '"k4V. A!kS M Nld - kg r 4 day oi in IV -�' ' ter • Nolan I'u;.. v -t - ..,;U;:1TY BANK , go AM Stint Lupton, Colorado 80621 >i 'tiy :� Fort 1.u➢ My rvnitn \p txion aires IA A ! 1�Y1 s (14 (1:(‘' fflEORRflDU yisk Gene R. 3rantner, Chairman WilkTo Board of County Commissioners owe May 23, 1988 COLORADO from Walter J. Speckman, Executive Director, Human Resources pl/,02" subject: Continuum of Care Systems Grant Revision Enclosed is the Weld County Area Agency on Aging, Continuum of Care Systems Development Grant revision. We have applied for $27,136 of Federal Funds, which represents a $2,500 increase over our previous funding level . If you have any questions please telephone Guy Brenckle or Linda Piper at 353-0540. r Not. • {` ,w. ... l r C .t, n 880396 H k0U24- A • • TO: COLORADO DEPT. OF SOCIAL SERVICES Application for Sub- Project No. AGING AND ADULT SERVICES Grant Under: II-B Site 2 • P.O. BOX 181000 DENVER, COLORADO 80218-0899 /V CONTINUUM OF CARE SYSTEMS • DEVELOPMENT GRANT Name of Proposed Project / / Original Application Colorado Continuum of Care Systems // Revision Request No. 2 Development Project Name, Address, and Phone Number of Name of Project Director, Supervisor, or Applicant Organization (Grantee) Coordinator Weld County Department of Huamn Resources, Area Agency on Aging (353-0540) Linda E. Piper 353-0540, xt 2350 Proposed Project Period Project Year for which Funds are Herein Requested Beginning and Ending Beginning 9/30/87 and Ending9/30/88 Project Plan Budget Request: Cash Budget: In—Kind Contribution: Totals: PERSONNEL $ 18,900 PERSONNEL S 7,200 $ 26,100 • TRAVEL 2,736 TRAVEL 0 2,736 EQUIPMENT 0 EQUIPMENT 0 0 SUPPLIES 2,000 SUPPLIES 0 2,000 OTHER 3,500 OTHER 0 3,500 INDIRECT 0 INDIRECT 0 0 ' TOTAL CASH BUDGET $ 27,136 TOTAL IN-KIND $ 7,200 34,336 Less: Non-Federal Match Cash Match In-Kind 7,200 Total Non-Federal Match ( 7.200 Net Federal Share of Funds $_27.113 TERMS AND CONDITIONS: It is understood and agreed by the undersigned that; 1) Funds granted as a result of this request are to be expended for the purposes set forth here— in and in accordance with all applicable laws, regulations, policies, and procedures of the Colorado Department of Social Services and the Administration on Aging of the U.S Department of Health and Human Services: and 2) The grant awarded as a result of this application may be suspended or terminated at any time for violations of any terms and requirements of this agreement. Name and title of individual authorized to commit applicant organization to this agreement ignature 880396 Daze f_� mEmoRAnDum Wilk Gene R. Brantner, Chairman ro_Board of Gou County Commissi9ners Dace May 19, 1988 COLORADO From Walter J. Specman, Executive Director Weld County Human Resources Subject Memorandum of Understanding Between Area Agency on Aging and the Weld County Health Department • Enclosed for Board approval is a Memorandum of Understanding between the Weld County Area Agency on Aging Case Management Program and the Weld County Health Department. The Memorandum of Understanding is designed to increase agency awareness of the Case Management Program and to facilitate increased working relationships between the Case Management Program and Senior Service • Agencies. The agreement shall stay in effect for the time period of April 1, 1988 through December 31, 1988, unless otherwise amended. Please telephone Linda Piper at 353-0540 if you have any questions or concerns. • • • • • • • • • • • • • • • 880395 Ra 0,24- MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made this 23rd day of M , 1988, by and between the Wel County Area Agency on Aging Case Management Program, hereinafter designated as "Program" and Weld County Health Department, hereinafter designated as "Agency". WITNESSETH: WHEREAS, the Program and Agency desire to cooperate to achieve maximum efficiency and effectiveness among all agencies serving the high risk elderly population of Weld County, and WHEREAS, the Program provides on-going comprehensive case management services to high risk elders, and WHEREAS, the Agency provides programs, activities, and services designed for maximizing the independent functioning of Weld County elderly, and WHEREAS, the parties hereto desire to work together for the express purpose of increasing the availability of case management services to Weld County elderly and their families. NOW THEREFORE, in consideration of the implementation of these goals, the parties hereto covenant and agree as follows: 1. The Program agrees te: a. Provide a single entry case management service to include both social and health service linkages to high risk elderly of Weld County. b. Assess and re-assess the health and social needs of qualified elders over the age of 60 years. c. Develop an objective care plan to meet the needs of the target population and to adjust the plan as necessary. d. Provide on-going case management services with formalized reevaluation procedures. e. Provide technical assistance and information regarding the needs of Weld County elderly to the Agency as requested and available. 2. The Agency agrees to: a. Refer appropriate clients to the Program. b. Provide the Program with feedback, upon request, on participants in relation to services provided. 880395 c. Notify the Program if unable, for any reason, to perform the services agreed to in the care plan. d. Assure the quality of service delivered to the Program participants, as specified in the care plan. e. Protect client confidentiality and not identify Program participants in any reports without prior consent of the Program. 3. This Memorandum of Understanding may be terminated upon thirty (30) days written notice by either party. 4. This Memorandum of Understanding covers the time period from , 1988 to December 31, 1988. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding the day first written above. BOARD OF COUNTY COMMISSIONERS WELD U HEALTH DEPARTMENT Gene . rantner, C airman CHaciC ozel , -Publi alt4i —" Administrator WELD COUNTY DIVISION OF HUMAN •• - RESOURCES c1znJ t �� t ATTEST: Weld County C rk and Recorder e . peckman and Clerk to the Boa Executive Director AREA AGENCY ON AGING Lida E. p perCblrector 880395 t, MEMORAI1C>UM Gene R. Brantner, Chairman To Board of County Commissioners _paie May 23, 1988 COLORADO From Walter J. Speckman, Executive Director, Human Resources le)diQ,t' sb,ct: Two Purchase of Services Agreements Between Weld County Division of • Human Resources' Migrant Head Start Program and Plan dp Salud Valle Enclosed for Board Approval are two (2) Purchase of Services Agreements for the Migrant Head Start Program with Plan de Salud de Valle The first agreement outlines that Plan de Salud de Valle will provide dental services for the migrant children in the south county location. The Migrant Head Start Program will reimburse Plan de Salud de Valle $30.00 per child for these services. The term of the agreement is from June 1, 1988 through October 31, 1988. The second agreement outlines that Plan de Salud de Valle will provide medical services for the migrant children in the Frederick and Longmont sites. The Migrant Head Start Program will reimburse Plan de Salud de Valle $25.00 per child not to exceed $3,000.00 for these services. The term of the agreement is from June 1, 1988 through October 31, 1988. If you have any questions, please telephone me at 353-0540. • • s: • ?: � • • o 330397 kR00?4 PURCHASE OF SERVICES THIS AGREEMENT, made and entered into this / / ,- day of May, 1988, by and between the Plan de Salud del Valle, hereinafter referred to as "Health Center," and the Weld County Division of Human Resources' Migrant Head Start Program, hereinafter referred to as "Head Start." WITNESSETH In consideration of the mutual promises and covenants contained herein, Head Start and the Health Center agree as follows: 1. Head Start agrees to transport the Head Start children to the Health Center to meet the schedule'i dentist appointments. 2. The Health Center shall provide prophylaxis therapy and application of topical fluoride for each Head Start child. The Health Center agrees to provide all restoration and/or extractions as is deemed necessary on each referred child. 3. Head Start agrees to reimburse the Health Center $30.00 per child for these services. 4. Head Start will not be charged for those children covered by Public Assistance. Medicaid numbers shall be provided at the time of the appointment and the Health Center shall send the billing to the appropriate agency. 5. The term of this agreement is from June 1, 1988 through October 31, 1988. 6. This agreement may be modified upon the written consent of both parties. 7. The Health Center and Head Start mutually agree that this agreement may 880397 be cancelled by either party after a thirty (30) day written notice has been provided to the other party. 8. This agreement will be terminated immediately in the event funding for the Migrant Head Start Program is stopped. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first written above. WELD COUNTY BOARD OF COMMISSIONERS PLAN DE''SAA`LUD DEL VALLE ene . ran per, aier-d DE rman Stanley J. Brasher, Director WELD COUNTY DIVISION OF HUMAN RESOURCES e ATTEST: d14-c^` 2c"n J"` }!a ter J. .,peckman, Executive Director WELD COUNTY WLERK AND RECORDER AND CLERK TO THE RD r putt' ounty e 880397 PURCHASE OF SERVICES THIS AGREEMENT, made and entered into this 1 7 day of May, 1988, by and between the Plan de Salud del Valle, hereinafter referred to as "Health Center," and the Weld County Division of Human Resources' Migrant Head Start Program, hereinafter referred to as "Head Start." WITNESSETH That for and in consideration of the covenants and agreements herein agreed to be kept and performed, the Health Center and Head Start ag•ce to provide the following described service, based upon ': a terms and conditions outlined below: 1. The Health Ce: ter shall provide the health services for the Head Start centers located at 340 Maple, Fre4erick, Colorado, and 1335 Judson Street, Longmont, Coloradc. 2. The Health Center shall provide the services of a Health Associate to Head Start. When available, the Health Associate will be present at the Head Start centers on a daily basis. The Health Center will be responsible for the Health Associate's mileage to and from the Head Start centers. 3. The Health Center agrees to provide all medical examinations, medical treatment, lab work, x-rays, etc., as is deemed necessary for any referred Head Start child. 4. Head Start agrees to reimburse the Health Center at the rate of $25.00 per child not to exceed a total reimbursement of $3,000.00. The above cited rate will pay for all medical examinations, lab work, x-rays, etc. Prescriptions will not be covered in the above cited rate. 880397 5. The Health Center will not perform routine physical or dental examina- tions on the Head Start childrn. 6. The term of this agreement is from June 1, 1988 through October 31, 1988. 7. This agreement may be amended at any time with the written mutual consent of both parties. 8. The Health Center and Head Start mutually agree that this agreement may • be cancelled by either party after a thirty (30) day written notice has • been provided to the other party. 9. This agreement will be terminated immediately in the event funding for the Migrant Head Start Program is stopped. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first written above. WELD COUNTY BOARD OF COMMISSIONERS PLAN DE SALUD DEL YALLE .sz.-- ene R. Brantner, ha rman Stanley J. rasheYatjkl�for WELD COUNTY DIVISION OF HUMAN RESOURCES ATTEST: 4-g` WELD COUNTY CLERK AND RECORDER • AND CLERK TO TN OARD ter . pechan, Executive Director eputy ounty er 880397 WILD COUNTY, COLORADO PAGE 1 of 1 General FUND CLAIMS V.O. WARRANT NO. P.O. NO. VENDOR AMOUNT 902229 071108 ENERGY MINERALS CORP. 10,460.00 p TOTAL $ 10,460.00 STATE OF COIARADO ) ) ss COUNTY OF WELD ) This is to certify that a31 accounting and budgeting procedures have been • completed on the above listed claims as shown on Page 1 through 1 and dated May 23rd , 19 88 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 10,460.00 DATED THIS _ 23rd DAY OF May , C 1988 Ad/ . � SUBSCRIBED AND SWORN TO BEFORE NE THIS 23rd DAY OF May 1938 . my Cc!ML.SS± S EXPIRES;m' Commission Ei fres June 8, 1990 •T?.RY IC STATE CF COLORADO ) ) ss COUNTY OF WELD ) We, the Picard of County Commissioners of Weld County, Colorado, hereby (approve) (disapprove) the claims as set forth above; and warrants in payment therefore are hereby ordered drawn upon the �f,QnPral totaling $ 10,460.00 e ,aircerson County erk & Record• ty M , Member PAYROLL FUND CLAIMS ARRANT P.O. & NO. VO. NO. VENDOR AMOUNT - i 13572 71952 CONNIE SUCCO 133.37 • :ate of Colorado ) TOTAL 133.37 ) ss aunty of Weld ) This is to certify that all accounting and budgeting procedures have been completed 'r the above listed claims as shown on Pages 1 through 1 and dated MAY 23rd , 1988 and that payments should be made to the respective vendors in the amounts set opposite heir names with the total amount $ 133.37 Dated this 23rd day of MAY 198 - 1 Weld Count r4 e fficer Subscribed and sworn to before me this 23rd day of MAY , 198s; My commisicn expires: My Commission ExpiresJune8, 199, 0� — earlPublic State of Colorado ) ) ss County of Weld ) We, the Board of County Commissioners of Weld County, Colorado, hereby (approve) (disapprove) the claim— as set forth above; and warrants in payment therefore are hereby ordered drawn upon the PAYROLL Fund to ling $ 133-37 Q� airperson , Member -�p� M be ry C1eh and Recorde Me ��•' •/fj/ :C� 07ti--- br`'`a Iy - "ember=e;u • * • • • • • • • • • • • • • • • • • • • • . , a D D D a D a D a r r o O 0 0 0 0 O 0 G 2 D - D to to to '0 '0 to 'C to .0 C Z 'D I- M r ' .- r r I- n 3 2 O a Ot 0, 0' a a P 0' a a O m cc Co O V V V V V m 2 O W N r O to co V 0t a x -t ro a C) 1't m 'n 0 n a a 't n D o r r •, a c -t a 0 m C a a N a ti r -c , .�. 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RI 1i 1 t -1 S t t� ` a x I n � N m ,- i a vz. .. .. _ r4 m PG �/ _ • r.. 31 RI al A Z CO K PG Klrl Z C CI 0 3 � a r -i z m zI zf zi i I 0C z 1 • • m E 1 .f • • • • • • • • • • • II 0 • ♦ • ♦ • • 0 ! • Re DOrt5 AND Communicalions AGENDA WELD COUNTY BOARD OF ADJUSTMENT THURSDAY, MAY. 26,- 1988 - - - Taerd of;Adfustmeut Members are-reminded l that you are to call BOBBIE GOOD at .3$6-400 ' Extension 4400. if zak can ar cannot attend the meeting. * * * * * * * * * * * * *. * * * * * * * * * * * * * * * * * * * * 3:30 p.m. - Public Meeting of the Weld County Board of Adjustment, County Commissioners' Hearing Room (#101) , 915 Tenth Street, Greeley, Colorado. -A. Call to Order B. Roll Call: Paul Allen - Chairman Rhonda Giles - Vice-Chairman James 6dama D$nnis..Gestarling lteytcn&iMvra 3ionaie''Mason Jerry Kiefer Kirk Schweitzer Bob Sorensen Associate Members: Ed Dolan Dianne Hajec David .Woronoff C. Approval of minutes of May 12, 1988, regular meeting. D. New Business 1. CASE NUMBER: BOA-942 APPLICANT: Taco Bell, Incorporated REQUEST: Six varianres on 2 signs identified as Sign "A" and "Jr: 1. A ten ( 10) foot variance from the maximum forty-five (45) foot height requirement in the C-3 (Commercial) zone district for Sign "A"; 2. A twenty-five (25) foot varianrp from the minimum twenty-five (25) foot setback requirement in the C-3 (Commercial) zone district for Sign "A"; 3.. A forty-three (43) square loot variance from the maximum one-hundred-and fifty (150) square foot per sign face requirement in the C-3 (Commercial) zone . district . for sign "A"; m /2381 BOA Agenda May 26, 1988 • Page 2 • :z ,. A<r;?forty-£iv 3%../.5fuat::• ,.afram-rl3 maximum forty-five (45) foot height requirement in the C-3 (Commercial) zone district for sign "B";. 5. A twenty-five (25) foot variance from the minimum cwtnty-five (25) foot setback requirement in the C-3 (Commercial) zone district for sign "B"; and 6. A one-hundred and fifty (150) square foot • variance from the maximum one-hundred and fifty (150) square foot per sign face requirement in the C-3 (Commercial) zone district fizz' sign "B". LEGAL DESCRIPTION: Lot B of Recorded Exemption 1050 located in part of the NE} of Section 10, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: South side of State Eighway 119, and approximately 170 feet west of Turner Boulevard. AGENDA WELD COUNTY BOARD OF ADJUSTMENT • THURSDAY, MAY 26,- 1988 • • "_ dof LAdjustment Members are-reminded -that-you are to call BOBBIE GOOD at • 3$h-400U. Extension 4400. .if you can or cannot attend.the meeting. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * • 3:30 p.m. - Public Meeting of the Weld County Board of Adjustment, County Commissioners' Hearing Room (#101) , 915 Tenth Street, Greeley, Colorado. - -A. Call to--Order B. Roll Call: Paul Allen - Chairman Rhonda Giles - Vice-Chairman James Adams Dennnis_Geaterling • Ataymona:`llota - "Doneld Mason -Jerry Hafer - Kirk Schweitzer Bob Sorensen Associate Members: Ed Dolan • Dianne Hajec David Woronoff C. Approval of minutes of May 12,1988, regular meeting. D. New Business 1. CASE NUMBER: BOA-942 APPLICANT: Taco Bell, Incorporated REQUEST: Six varianres on 2 signs identified as Sign "A" and "3": 1. A ten ( 10) foot variance from the maximum forty-five. (45) foot height requirement in the C-3 (Commercial) zot& district for Sign "A"; 2. A twenty-five (25) foot variant... from the minimum twenty-five (25) foot .setback requirement in the C-3 .(Commercial) zone district for Sign "A"; 3. A forty-three (43)- square foot variance from the maximum one-hundred. sad .fifty (150) square foot per sign face _requirement in the C-3 (Commercial) zone district for sign "A";-BCIni23B /aFr MINUTES OF TEE WELD COUNTY BOARD OF ADJUSTMENT May 12, 1988 A regular meeting of the Weld County Board of Adjustment was held on Thursday, May 12, 1988, at 3:38 p.m. in the County Commissioners' Bearing Room (#101) , 515 Tenth Street, Greeley, Colorado. The meeting was called to order by the vice-chairman, Rhonde Giles. Tape 56 - Side 1 ROLL CALL James Adams Absent - Called in Raymond Mora Present Dennis Gesterling Present Jerry Kiefer Present Donald Mason Absent - Called in Bob Sorensen Present Kirk Schweitzer Absent Rhonda Giles Present Paul Allen Absent — Called in ASSOCIATE MEMBERS: Ed Dolan Absent — Called in Dianne Eajec Present David Woronoff Present A quorum but not a full board was present. Also present: Brian Bungle Current Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary. Dennis Gesterling moved the minutes of the last regular meeting of the Weld County Board of Adjustment held on April 28, 1988, be approved as distributed. Motion carried by Jerry Kiefer. The Chairman asked the Board of Adjustment for their decision. Motion carried unanimously. CASE NUMBER: BOA-542 APPLICANT: Taco Bell, Incorporated REQUEST: Six variances on 2 signs identified as Sign "A" and eBe 1. A ten (10) foot variance .from the maximum forty-five (45) . foot height requirement; in the C-3 (Commercial) zone district for Sign "A"; 2. A twenty-five (25) foot variance from the minimum twenty-five- (25) foot setback requirement in the C-3 (Commercial) zone district for Sign "A"; Minutes of the Weld County Board of Adjustment Meeting May 12, 1S88 Page 2 3. A forty-three (43) square foot variance from the maximum one-hundred and fifty (150) square foot per sign face requirement in the C-3 (Commercial) zone district for sign "A"; 4. A forty-five (45) foot variance from the maximum forty-five (45) foot height requirement in the C-3 (Commercial) zone district for sign "B"; 5. A twenty-rive (25) foot variance from the minimum twenty-five (25) foot setback requirement in the C-3 (Commercial) zone district for sign "B"; and 6. A one-hundred and fifty (150) square foot variance from the maximum one-hundred and fifty (150) square foot per sign face requirement in the C-3 (Commercial) zone district for sign "B". LEGAL DESCRIPTION: Lot B of Recorded Exemption 1050 located in part of the NE} of- Section 10, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: South side of State Highway 119, and approximately 170 feet west of Turner Boulevard. Lee Morrison explained that the applicant should be aware that before a variance can be granted there needs to be six votes regardless of the number in attendance GU the Board, and they certainly could ask, although it would be at the discretion of the Bcttd, to either delay consideration or continue. They should also be made aware that it takes six out of seven votes for this request to be approved with a Board of seven present as there is today. APPEARANCE: • James Hathaway represented Taco Bell. He asked- that this request be continued until a full board can be present. MOTION: Dennis- Gesterling moved that since the staff -is recommending denial that Case Number BOA-942 for Taco Bell, Incorporated, be continued until May 26, 1988, at 3:30 p.m. to allow the Applicant-a-:chance. to meet before a full board. Motion seconded by Dianne Hajec. The Chairman called for discussion- from the members of the board of Adjustment. Discussion followed. Minutes of the Weld County Board of Adjustment Meeting May 12, 1988 Page 3 The Chairman asked the secretary to poll the members of the Board of Adjustment for their decision. Dennis Gesterling - yea; Raymond Mora - yes; Robert Sorensen - yes; Jerry Kiefer - yes; Dianne Hajec - yes; David Woronoff - no; Rhonda Giles - yes. Motion carried with six voting for the notion and one voting against the motion. The meeting was adjourned at 3:50 p.m. Respectfully submitted, cttA Bobbie Good Secretary BOARD OF A SESSMENT APPEALS STATE OF COLORADO Docket Number 10124 FINDINGS AND ORDER (On Stipulation) GID W. GATEStilittt � Petitioner(s ) , , . r vs. 3;' MAY 1 94: #' WELD COUNTY BOARD OF EQUALIZATION, y,.`r r.carra. .4 - Respondent.THIS MATTER coming on to be heard before the Board of Assessment Appeals on May 13 , 1988 , with James T. McDowell , Don Clifton and Ramon G . Le Duke being in attendance and this matter having been presented on stipulated facts, THE BOARD OF ASSESSMENT APPEALS FINDS: 1 . This matter has been brought before this Board on the petition of Petitioner(s ) . 2. Petitioner(s ) was (were) not represented at the hearing. 3 . Respondent was not represented at the hearing . 4. Subject property is described as set forth in the following Weld County Schedule Number( s) : 0961-07-3-16-014 1 .5-43 la 6 • - FINDINGS AND CONCLUSIONS: _ The parties to this action entered into a Stipulation , a copy of which is attached and incorporated as a part of this decision . In that Stipulation, the parties agreed that the total 1987 actual value of the subject property should be reduced to $ 97, 171. 00 , with $ 30, 302. 00 allocated to land and $ 66, 869. 00 allocated to improvements. By unanimous vote , the Stipulation was accepted by the Board. ORDER: The Respondent is ordered to reduce the 1987 actual value of the subject property to $ 97, 171. 00 , with $ 30, 302. 00 allocated to land and $ 66,869. 00 allocated to improvements . The Weld County Assessor is directed to change his records accordingly. DATED this 18th day of May , 1988 . BOARD OF ASSESSMENT APPEALS ---7- ernes T. McD0welf, C airman 1 Do ton Ramon G. L uke I hereby certify that this is a true and correct copy of the decision of The i rd ent Appeals 4,11,4q 1i ', 4 .5/iv/rr ti /- Docket No. 10124 2 BOARD OF ASSESSMENT APPEALS 1 STATE OF COLOPADO Docket Number 10124 STIPULATION GID W. GATES, Petitioner(s) , WELD COUNTY BOARD OF EQUALIZATION, Respondent. COMES NOW the Petitioner and the Respondent herein, and hereby stipulate that the actual value of the property covered by this appeal shall be $ 97, 171. 00 for purposes of the 1987 property tax. DATED this 12th day of , 1988. latO.L GID W. GATES Petitioner C7ids THOMAS O. DAVID #4601 Weld County Attorney 915 Tenth Street P. O. Box 1948 Greeley, CO 80632 (303) 356-4000 ext. 4391 Attorney for Weld County Board of Ec_ualization LITTLE THOMPSON WATER DISTRICT April 7, 1988 DIRECTOP.5'. Telephone 532-2096 Carey J.Saromonson. 307 welch Avenue NCltlent Drawer G Chines Aden CINET gene t Berthoud.Cdorado 80513 IN Bake) vr'�•a1Y r��Ml Keith 6oagWst TM FrcynoES L E.Thanes fncaa Deno Anderson fig JMAY198T! MANAGER JOM M.Groner MEMORANDUM FOR DISTRIBUTION LIST Subject: Change No. 2 to LTWD Rules and Regulations Enclosure: Change No. 2 - Revised March 31, 1988 1 . The enclosed change was reviewed and approved by the District Board at a regular scheduled Board meeting held on April 7, 1988 . The effective date of the change was March 31, 1988. 2. The enclosed change consists of new or revised Sections and Appendices as listed below. The existing portions of the rules and regulations are superceded as of March 31, 1988 and should be removed and destroyed: Pages Section/Appendix Change No. 2 Replaced INDEX Pages 1 - 3 Pages 1-3 Sec 5 - Fire Protection Policies Pages 1 -14 Pages 1-5 Sec 6 - District Specifications Pages 1 -41 Not issued before. Sec 16 - Employee' s Handbook Pages 1 -13 Pages 1-9 Sec 17 - List of Appendices Page 1 Page 1 Appendix 10 - Fire Hydrant Use Rept. Page 1 Not issued before. Appendix 13 - Description of Pages 1- - 4 Pages 1-3 Director' s Districts with map. Appendix 14 - Residential Fire Page 1 Not issued Sprinkling Meter before. 3. Addresses desiring a bound copy of the District Rules and Regulations, incorporating Changes 1 and 2, are requested to return their copy of the regulations and the District will provide a revised bound copy. 4. Policy changes made by the Board of Directors which have not yet been incorporated into the District Rules and Regulations include the following: cfm'r s/z3/8s Page 2 April 7, 1988 Subject: Change No. 2 to LTWD Rules and Regulations a. Resolution relating to the indemnification of directors, officers, and employees of the District. This resolution was passed on October 1 , 1987. b. Resolution relating to transfer of CBT-Water rights to the District to offset the surcharge. The current policy contained in Section 15 to the regulations needs to be modified to include the following: 1) Water rights transferred to the District must remain with the District for a minimum period of two years. 2) The District will reimburse the customer when the water rights are being returned to the customer, if the Northern Colorado Water Conservancy District does not permit the transfer of the water rights back to the customer. This resolution was passed on January 7, 1988 . c. Resolution relating to the investment of District funds to include: The President and Manager are directed to deposit funds of the District only in compliance with applicable Colorado statutes and no deposits will be made with financial institutions outside of the State of Colorado. This resolution was passed on February 4 , 1988. d. Resolution relating to utilizing private easements for all District main line installations. County and State right of ways/easements will only be used on an exception basis. This resolution was passed on February 4, 1988. JO N M. GRUNER anger DISTRIBUTION LIST: All Holders of the District Rules and Regulations LITTLE THOMPSON WATER DISTRICT RULES AND REGULATIONS INDEX Section Page No. 1 INTRODUCTION 1-1 100. General 1-1 101. Board of Directors - i-1 102. Manager of the District 1-1 103. Tapholders of the District 1-1 104. Future Changes to these Regulations 1-1 105. Approval and Date of Adoption 1-1 2. LEGAL AUTHORITIES AND RESPONSIBILITIES 2-1 200. General 2-1 201. Organization and Powers of the Board 2-1 202. Duties and Responsibilities of the Manager 2-5 203. Financial Operations of the District 2-3 204. Insurance and Bonding for the District 2-9 205. Public Right to Information 2-11 206. Legal Notices 2-11 207 . Fee and Rate Schedules-Procedures for Increases 2-12 208. Regular Scheduled Meetings for the District 2-12 209. Special Meetings for the District 2-13 210. Normal Working Hours for the District 2-13 21? . Place of Business 2-13 3. INDIVIDUAL WATER TAPS 3--1 300. General 3-I 301. Application for Service 3-1 302. Installation and Location of Water Meters 3-3 303. Relocation of Water Meters 3-4 304. Requirements and Restrictions on Water Service 3-4 305. Additional Residences on Same Property 3-7 306. Individual Tap Fees 3-8 4 . ADMINISTRATION OF CUSTOMER'S ACCOUNTS 4-1 400. Normal Billing Cycles and Meter Reading 4-1 401. Discontinuance of Service for Non-Payment 4-3 402. Delivery of Official Notices 4-7 403. Returned Checks 4-7 404. Customer's Payments 4-7 405. Change of Property Owners 4-7 406. Water Service for Rental Praperties(SingleFam) 4-8 407. Perpetual Property Lien for Non-payment 4-10 408. Special Rate for a Residential Tap 4-10 409. Termination of Billing Charges 4-11 CHANGE NO. 2 Page 1 of Index REVISED MAR 31 , 1988 Section Page No. 5. FIRE PROTECTION POLICIES 5-1 500. Purpose 5-1 501. Information 5-1 502. Background 5-2 503 . Liability of the District 5-3 504. Maintenance of Fire Hydrants 5-3 505. Fire Hydrants for Fire Protection Service 5-3 506. Commercial and Residential Fire Sprinkling Sys. 5-5 507. Privately Owned Fire Protection Storage Tanks 5-il 508. Use of Fire Hydrants for Bulk Water Sales 5-11 ' 509. Implementation and Notification 5-13 6. DISTRICT SPECIFICATIONS (Promulgated Separately N/A and approved by District Board on Mar 31, 1988) 7 . ,ioLICIEp ON SERVICE FOR MULTIPLE FAMILY UNITS AND MOBILE HOME PARES 7-1 700. General 771 701. Service for Multiple Family Units 7-1 702. Service for Mobile Home Parks 7-2 8. MAIN LINE EXTENSION POLICIES 8-1 800. General 8-1 801. Normal Processing Procedures 8-2 802. Payment of Fees 8-3 803. Construction Phase 8-3 804. Administrative Requirements 8-5 805. Formal Acceptance by the District 8-5 806. Initial Water Service Provided by a MLX 8-6 807. Requirement to Provide Water Rights 8-6 808. Developer's Credit for Water Rights 8-7 809. Developer's Monetary Rebates 8-8 810. Prior Agreements Involving Monetary Tap Rebates 8-9 9. EASEMENT POLICIES 9-1 900. General 9-1 10. PROPERTY INCLUSIONS AND EXCLUSIONS 10-1 1000. General 10-i 1001. Property Inclusions 10-1 1002. Property Exclusions 10-2 1003. Exclusion of Property within a Municipality 10-3 11. TAP OPTIONS AND DORMANT TAPS 11-1 1100. General 11-1 CHANGE NO. 2 Page 2 of Index REVISED MAR 31 , 1988 Section Page No. 1101. Types of Inactive Taps 11-1 1102. Activation and Installation of Inactive Taps 11-1 1103. Repurchase of Tap Options by the District 11-2 1104. Transfer of Ownership of Tap Options 11-2 12. ELECTION PROCEDURES FOR THE DISTRICT 12-1 1200. General 12-1 1201. Definitions 12-1 1202. Regular and Special Elections 12-1 1203. Information on Director's Elections 12-1 1204 . Timetable of Events/Actions for Dist Elections 12-3 1205. Miscellaneous Matters on Elections 12-5 13 . SERVICE TO TOWNS. MUNICIPALITIES. AND ACTIVITIES SERVER B A SM� METER 13-1 1300. General 13-1 1301. Conditions of Service 13-1 1302. Service Boundaries 13-2 1303. Consideration of Service Fee 13-2 1304. Right of Refusal to Serve 13-3 14. WATER RENTAI. PROGRAM 14-1 1400. General 14-1 1401. Background 14-1 1402. Information 14-2 1403 . Rentals to the General Public 14-3 1404. Price of Water Rentals 14-3 1405. Additional Charges 14-3 1406. Priority to Individual Tapholders 14-3 15. FEE AND RATE SCHEDUIN 15-1 1500. General 15-1 1501. Effective Date 15-1 1502. Tap Fee Schedule 15-1 1503. Rate Schedule for Water Deliveries . 15-2 1504. Rate Schedule for Miscellaneous Charges 15-6 1505. Requirement for Deposits 15-8 1506. Requirement for Future Water Rate Reviews 15-8 1507. Requirement for Tap Fee Reviews 15-8 16. EMPLOYEE'S HANDBOOK 16-1 1600. General 16-1 1601. Orientation 16-2 1602. Salaries, Wages, and Benefits 16-3 1603. Miscellaneous Matters 16-i1 1604. Use of District Vehicles 16-12 17. LIST OF APPENDICES 17-1 CHANGE NO. 2 Page 3 of Index REVISED MAR 31 , 1988 SECTION 5 TO LITTLE THOMPSON WATER DISTRICT RULES AND REGULATIONS FIRE PROTECTION POLICIES 500 PURPOSE. The purpose of this section is to define the Little Thompson Water District's policies relative to fire protection service for tapholders. In view of the numerous agencies involved solely in this aspect of the District's operations an effort has been made to make this section of the Rules and Regulations as complete and independent as possible. This does not provide a basis for either ignoring or violating the remainder of the District policies established within the complete set of District Rules and Regulations. A complete set of these rules and regulations will be made available upon request. 501 INFORMATION. The District's policies relative to fire protection were established September 6, 1984 and changes or additions to those policies have been marked herein by an asterisk (*) . The changes contained herein primarily address fire sprinkling systems, privately owned storage tanks utilized for fire protection, and fire hydrants for bulk water deliveries. The following summarizes the areas covered within this section: AREA COVERED PARAGRAPH PAGE NO. Background and General Information 502 5-2 Liability of the District 503 5-3 Maintenance of Fire Hydrants 504 5-3 Fire Hydrants for Fire Protection 505 5-3 Service * Commercial and Residential Fire 506 5-5 Sprinkling Systems * Privately Owned Fire Protection 507 5-11 Storage Tanks * Use of Fire Hydrants for Bulk 508 5-11 Water Sales Implementation and Notification 509 5-13 Fire Department Acknowledge. Form Appendix 4 N/A CHANGE NO. 2 5 - 1 REVISED MAR 31, 1988 AREA COVERED PARAGRAPH PAGE NO. * Schematic Drawing of Residential Appendix 14 N/A Meter Pit with dual meters * Fire Hydrant Use Report (For Appendix 10 N/A bulk water sales) 502 BACKGROUND. Little Thompson Water District is organized under the laws of the State of Colorado as a special district which has the stated purpose of providing domestic water service. The District has functioned as such for over twenty five years and no change in this stated purpose is considered appropriate at this time. The District recognizes the current requirements for adequate fire protection service and all future water lines and facilities of the District are being designed to meet these requirements. The District currently requires all new water lines to be no less than six inches in diameter and in individual cases where the respective fire protection agency identifies that higher fire flows are required, water main line sizes are increased accordingly. The cost of this oversizing to accommodate fire flows will continue to be borne by the new development concerned. The District has over 200 miles of water line installed which is under six inches in diameter and although these smaller lines are adequate for domestic water service, they cannot meet fire flow requirements in the range of 500 to 1,000 gallons per minute. The replacement of all water lines under six inches in diameter could be accomplished by the District; however, the cost of a project of this magnitude is not considered to be in the best interest of the District tapholders. 502. 1 Ability to Provide Service for Domestic Use. The District's policy is to provide domestic water service for individual water taps at a pressure of twenty pounds per square inch in accordance with the requirements established by the Colorado Department of Health. The District's goal is to provide domestic water service at a pressure of 45 pounds per square inch to all individual tapholders. 502.2 Certification of Service/Ability to Provide Service. District personnel are frequently called upon to provide written or verbal statements on water service to individuals and to County authorities of Larimer, Boulder, and Weld Counties, as well as other governmental agencies. This certification shall only apply to domestic water service and no employee of the District, or agents thereof, including engineers, shall have the authority to certify fire protection service. The authority to certify fire protection service CHANGE NO. 2 5 - 2 REVISED MAR 31, 1988 shall remain with the Board of Directors of the District. 503 LIABILITY OF THE DISTRICT. The liability of the District, insofar as any water service is concerned is as follows and shall apply to District tapholders and all governmental or non-governmental institutions and authorities: 503 .1 The District cannot and will not assume liability for the operational integrity and flow rates of any fire hydrant or fire sprinkling system that is currently installed or may be installed in the future. 503 .2 The District shall continue to exercise reasonable care and diligence in maintaining the domestic water service; however, a failure of the water system at any time, including during use for fire- fighting, will not be the basis of liability of the District for any lack of water, lack of water pressure, or otherwise. 504 MAINTENANCE OF FIRE HYDRANTS. The routine maintenance and testing of fire hydrants will be accomplished by District personnel in accordance with the American Water Works Association Manual No. 117 (Installation, Field Testing, and Maintenance of Fire Hydrants) . This maintenance will be scheduled and performed consistent with the operations and maintenance requirements for the District. The failure of the District personnel to meet the maintenance requirements of the aforementioned manual will not be construed as a failure to exercise reasonable care and diligence in maintaining the domestic water service. The District does conduct annual flow tests on all hydrants and the results of these tests are available to fire protection agencies upon request. 505 FIRE HYDRANTS FOR FIRE PROTECTION SERVICE. Fire hydrants have been utilized in the past by local fire authorities and are available for such use in the future, subject to the terms and restrictions contained within this section of the Rules and Regulations. All Fire Departments/Agencies within the District's service area have acknowledged receipt of the District 's policies and rules during 1985 and the cooperation experienced by the District to date with the various fire protection agencies has been good. 505.1 Color Coding of Fire Hydrants. In order to clearly identify the District's hydrants and the status thereof, the following color codes will be utilized on all of the District's hydrants: CHANGE NO. 2 5 - 3 REVISED MAR 31 , 1988 COLOR CODE STATUS Orange Hydrant The hydrant is on a six inch or larger water line and the fire flow has-been tested at a rate of 500 GPM or higher. Red Hydrant The hydrant is on a four inch or larger water line and the fire flow has been tested at a rate of less than 500 GPM. Yellow Hydrant These hydrants are for District use only and the use by fire department personnel for actual fire fighting situations is at their own risk. The hydrant is on a water line smaller than six inches and the fire flow is known to be insufficient. The operational status of the orange hydrants will be maintained and documented by District personnel and the local fire authorities will be kept informed on this status as determined by the District. * 505.2 Use of Hydrants. The District desires to be kept informed whenever a fire hydrant is utilized and requires advance notification of this use, except under emergency circumstances. Personnel and agencies authorized to use fire hydrants are: 1. District personnel in the normal performance of their duties. 2. Fire Department personnel under emergency circumstances, providing that the governing body of such fire department has executed an acknowledgment of these Rules and Regulations. 3. Fire Department personnel under normal circumstances, when authorized to do so by the District Manager. The normal operation of a fire hydrant subjects the water main to severe hydraulic stress and if the hydrant is not opened or closed slowly and properly, the water main will usually break. Additionally, all hydrants have gravity drains which must be checked to ensure the hydrant has properly drained after use. For these reasons, CHANGE NO. 2 `5 - 4 REVISED MAR 31 , 1988 the District needs to be informed whenever a hydrant has been used so the proper checks can be accomplished by District personnel . This notification can be made via telephone and any difficulties encountered during the operation of the hydrant should be brought to the attention of the District. 505.3 Installation of New Hydrants. Effective September 6, 1984 the District established a fee of $2000 for each new fire hydrant placed on the system and the purpose of the fee is to provide perpetual maintenance for the individual fire hydrant. This fee is in addition to all other fees, charges, tolls, rentals and assessments charged or imposed now or hereafter by the District. The $2000 fee does not include the material or installation costs. The average costs involved in the installation, including the cost of the hydrant itself, are approximately $1,500. The District's policies on Main Line. Extensions are contained in Section 8 to these Rules and Regulations and these apply to the installation of new fire hydrants as well as all water main extensions. * 506 COMMERCIAL AND RESIDENTIAL FIRE SPRINKLING SYSTEMS. 506. 1 General Information. There are certain instances where individuals have desired to install an internal water sprinkling system for fire protection. Due to the high costs involved in providing adequate fire flows to fire hydrants, fire sprinkling systems have been recognized as a more economical and in some cases, more effective means of providing the level of fire protection established by the local fire authorities. There are identifiable costs associated with these systems, as well as specific rules and regulations at the State level which govern their use. The succeeding paragraphs identify the requirements for these systems, insofar as the Water District is involved. Individuals considering installing a sprinkling system should become acquainted with all aspects of the requirements and contact their local fire authority prior to making a decision on the matter. 506.2 Sanitary Regulations. All fire sprinkler systems have been identified as being potential pollutants or contaminants to the domestic water supply system. The Colorado Department of Health has established certain requirements relative to fire sprinkling systems and the pertinent aspects of these regulations are provided below: CHANGE NO. 2 5 - 5 REVISED MAR 31 , 1988 1. A sprinkling system that uses no anti-freeze, or a non-toxic anti-freeze solution is classified as a potential pollutant to the domestic water supply and must be contained by an approved double check valve assembly. 2. A system that uses a toxic anti-freeze is classifed as a potential contaminant to the domestic water supply and must be contained by means of an approved reduced pressure zone backflow prevention device. 3. As the Water District has no control over, or knowledge of what solution has been or will be placed into the fire sprinkler system, the only device which will be acceptable for use in conjunction with the District's water supply will be a reduced pressure zone backflow prevention device. 4. In accordance with the State Health Department requirements, the type of device which must be installed to contain a potential contaminant is listed in the following document: "List of Approved Backflow Prevention Assemblies" promulgated by the University of California, Foundation for Cross Connection Control and Hydraulic Research. 5. The backflow prevention device must be placed indoors in a location that will protect it from freezing and must be installed in accordance with the recommendations contained in the U.S.C. document referenced above. 6. In accordance with Colorado Health Department regulations, the device must be tested annually by a certified Cross Connection Control Technician. This is a State certifi- cation administered by the Division of Water Quality Control which is under the Colorado Department of Health. Private firms and individuals can receive this certification and the Water District intends to have employees qualified to conduct these tests. 7. State Health Department regulations require the owner of the fire sprinker system to furnish the annual test results to the following agencies: CHANGE NO. 2 5 - 6 REVISED MAR 31, 1988 The Colorado Department of Health The Water Purveyor - Little Thompson WD Additionally, all records of maintenance and repair work done to the reduced pressure zone backflow prevention device must be forwarded with the annual inspection reports to the Water Purveyor and to the State Department of Health. The technician conducting the tests and performing the maintenance and repairs will furnish the owner with these documents. 506.3 Sizing and Flow Requirements cf Systems. These requirements will be determined by the person requesting service and the assistance of a registered professional engineer may be necessary. Little Thompson Water District does not have the expertise available to determine these requirements and will not assume responsibility for these matters. 1. Prior to" Little Thompson Water District installing a metered system that will accommodate the sprinkling system, the District will require written approval from the local fire authority to confirm their knowledge and approval of the system. The District will not knowingly install a metered system that will accommodate the sprinkling system without the local fire authorities written approval. 2. The District's main line pressures vary considerably throughout the distribution system and the summertime peak period pressures also vary from the wintertime pressures. An individual designing a fire sprinkling system should contact the District to determine what the main line pressures are for their specific area to ensure that the meter and fire service line are adequately sized to accommodate the sprinkling system. 3. The District does not plan to install pressure regulators on the meter serving the fire sprinkling system as these regulators are a mechanical device which will fail over an undefined period of time. If the regulator failed on the "low" side it would severely restrict the flow going to the sprinkling system. This failure of the regulator would not be detectable until the CHANGE NO. 2 S - 7 REVISED MAR 31 , 1988 system was either tested or needed for an actual fire. The District main line presssures vary from 40 to 200 pounds per square inch (PSI) and on occasion will exceed 200 PSI. Accordingly, all sprinkling systems should be designed and installed to accommodate the 200 PSI of pressure and provisions should be made for the occasion when main line pressures exceed 200 PSI. The District will not be liable for any damage caused by high pressures. 4. The District will not assume any liability for an improperly designed sprinkling system. The term improper design includes either from a flow or a size standpoint. 506.4 metering and Installation. A fire sprinkling system may be designed to utilize the one domestic water tap servicing the property or a dual metering system may be requested by the individual desiring domestic water service. Normally it takes a larger sized meter to accommodate the flow requirements of the sprinkler system and if the large meter is only used for the fire sprinker system, the Water District will reduce the price of the large meter. The following specifics apply relative to the metering and installation: 1. The District will install the meter pit and all equipment up to and including the meter pit will remain the property of the District. The complete cost of this installation is included in the tap fee. A standard installation drawing of a dual meter pit/service line assembly is contained in Appendix 14 to these regulations. 2. The customer is responsible for all costs incurred from the meter pit to the residence/ business and within the building to be served. The fire service line, domestic service line, and internal fire sprinkling system are the property of the owner and must be maintained by the owner. The District's responsibility for maintenance ends at the meter pit. 3. In order to qualify for the reduced tap fee, the fire sprinkling system must only be used for an actual emergency and normal periodic testing of the system. The District does not charge customers for water used during an actual fire; however, water used for testing CHANGE NO. 2 5 - 8 REVISED MAR 31 , 1988 and/or leaks on the system will be billed to the customer at the rates established herein. 4. The fire sprinkling system is to be used for emergency fire use only and any other use of the domestic water provided is not authorized. If the customer desires to use the water service for other purposes, then a large size meter should be purchased at the normal tap fee when the system is installed. With the dual metering system, the fire service line is metered and unauthorized use of water will be self-evident. Prior to installing a dual metering system the District's agreement with the customer will state that the District reserves the right to accomplish the following actions if the unauthorized use of water occurs: A. The customer will be subject to the normal penalty fee for unauthorized use of water. B. The District will charge the customer for all water used at the rates prescribed herein. C. The District may require the customer to pay the normal tap fee associated with the large sized meter. D. The District may elect to revoke the tap completely and remove it from the meter pit. 5. As a matter of explanation to future tapholders insofar as the above rights are concerned, good judgement shall prevail in these matters. A water leak on the system is unauthorized use of water and although the District will charge for the water used, the customer would neither be penalized nor be required to pay the full tap fee if the leak were repaired in a timely fashion. By the same token, if a homeowner connects their lawn sprinkling system to the fire service line, the water usage is again unauthorized and the District's corrective action may include one or more of the above described rights. Additionally, there are areas within the District where a large tap will be installed for a fire sprinkling system; however, a normal large size tap request would not be granted due to small line sizes CHANGE NO. 2 5 - 9 REVISED MAR 31, 1988 in the area. In these cases, buying a large tap is not an option and if the tapholder continued the unauthorized use of water the District may revoke and remove the large meter serving the fire sprinkling system. 506.5 Fee and Rate Schedule. The following fees and rates will be charged for residential and commercial fire sprinkling systems effective March 31, 1988. This rate structure replaces the $2,00O fee for fire sprinkling systems established September 6, 1984. Any future -changes to these rates and fees will be as promulgated and updated in the District's Fee and Rate Schedule contained in Section 15 to these regulations. 1. Individuals requesting a dual metering system to accommodate a fire sprinkling system will pay the current normal fee for the domestic water service and an additional fee for the - second meter. The normal fees are shown for information and the fire sprinkling system meter will normally be a one inch or larger meter: METER NORMAL FIRE SYSTEM SIZE TAP FEE TAP FEE 5/8" $ 3,000 $ 600 3/4" $ 5,500 $ 600 1" $ 8, 000 $ 600 1 1/2" $ 15,000 $ 1,500 2" $ 22,000 $ 1,500 3", 4" See below* $ 2,000* and 6" * The tap fees for 3" and larger meters are established by the Board at the time of application for the taps. The $2,000 fire system tap fee for 3" and larger meters does not include installations costs. 2. An annual maintenance fee will be charged for all fire sprinkling systems. This fee is based upon the size of the meter and the purpose of the fee is to cover the District's expenses involved in meter reading, service calls as necessary, and all maintenance costs associated with the District's equipment in the meter pit: - CHANGE NO. 2 5 - 10 REVISED MAR 31, 1988 s�ra�, METER SIZES ANNUAL FEE 5/8", 3/4" & 1" $ 50.00 1 1/2" and 2" $ 100.00 3", 4" and 6" $ 200.00 3. The annual fees are payable in advance and all customers will be billed for the service in the latter part of the year for the next full calendar year. When the dual metering system is installed the customer will be required to pay this prorated fee for the remaining portion of the calendar year. 4. The annual fees will provide for a minimum of 2, 000 galllons of water annually for all meter sizes. This should accommodate testing of the systems and minor leakage. All water used in excess of 2,000 gallons will be charged at the rate of $2.00 per thousand gallons. * 507 PRIVATELY OWNED FIRE PROTECTION STORAGE TANKS 507 .1 The District recognizes that there are privately owned storage facilities designed primarily for fire protection. These facilites are treated in the same manner as any other privately owned water storage facility, such as stock tanks for livestock, and the District has no responsibility or liability for privately owned facilities. 507.2 An individual desiring to fill a privately owned water storage facility with the District's treated domestic water may do so and the provisions of paragraph 508 below apply. 507.3 The District does not charge for water used by a fire department in an actual emergency. If such use occurs on a privately owned storage tank, the District staff should be informed so the storage facility can be refilled under the District's supervision. 507.4 There will not be any permanent or temporary connections made between the District ' s distribution system and a privately owned water storage facility. * 508 USE OF FIRE HYDRANTS FOR BULK WATER SALES. The District does permit the use of fire hydrants for bulk water sales to tapholders and the general public, subject to the provisions contained herein. CHANGE NO. 2 5 - 11 REVISED MAR 31, 1988 508. 1 Individuals or firms desiring to purchase bulk water via a fire hydrant should contact the District to make arrangements for the delivery. A $300.00 refundable deposit is required and must be made before the initial delivery is made. The regular hours for drawing water are from 8:00 AM to 4:00 PM, Monday through Friday. The District may, depending upon the location of the hydrant, place additional restrictions on the hours allowed to draw water. Holidays and all other time shall be overtime and must be approved in advance by the District. 508.2 All water delivered will be metered and the fire hydrant meter will either be provided to the customer or installed daily by District personnel. The following details apply to the meter and water deliveries;. 1. The initial delivery will be supervised by District : personnel. At the District's discretion, all subsequent deliveries may be supervised by District personnel. The customer will be charged a minimum charge of two (2) hours each time an employee is required to be present at the hydrant. One minimum charge of two (2) hours will be made each day the hydrant is in use to cover the costs of the employee installing the meter, adjusting the flow through the hydrant, and returning the hydrant to normal operation at the end of each day. 2. The meter is not to be left on the hydrant overnight. The meter must be returned to the office before 4:00 PM each Friday and may be installed again after 8 :00 AM on the following Monday. 3. All water deliveries will be made in compliance with Colorado Health Department regulations. An "air-gap" or approved backflow prevention device must be installed on the truck in use to prevent backflow contamination into the District ' s distribution system. 4. The meter refund will be made after the hydrant and meter have been inspected by a District representative. If either the meter or the fire hydrant is damaged or misused, the cost of the repairs will be deducted from the deposit. If the deposit is not enough to cover the expenses, the customer will be CHANGE NO. 2 5 - 12 REVISED MAR 31 , 1988 responsible for paying the difference. 508.3 The following is a summary of the fees and charges for bulk water deliveries. The District will. complete a Fire Hydrant Use Report (Appendix 10) each time a hydrant is used " for bulk water deliveries and the customer will be provided a detailed statement of the charges. 1. The meter deposit is $300.00 and this will be paid by customers prior to any delivery of water. 2. All water usage will be charged at the rate of $2. 00 per thousand gallons. 3. The regular hourly rate for District employees is $20.00 per hour and the overtime rate is $28.00 per hour. 4. once all charges for the water delivery have been determined, the customer will either be entitled to a portion of their deposit back or be required to pay the additional amount due over and above the deposit. 5. Any future changes to these rates and fees will be as promulgated and updated in the District's Fee and Rate Schedule contained in Section 15 to these regulations. 509 IMPLEMENTATION AND NOTIFICATION. 509. 1 The District's basic policies relative to fire protection were established September 6, 1984 and the changes contained herein are effective as of March 31, 1988 unless approved sooner by individual Board action. The color coding of the fire hydrants was accomplished during the first half of 1985. 509.2 In order to ensure all concerned parties were notified of these rules and regulations the notification and acknowledgment process was accomplished during 1985 as follows: 1. All District tapholders received a copy of these Fire Protection Policies with their regular scheduled water billing statment. 2. Registered letters containing a copy of the Fire Protection Policies were mailed to the following authorities: CHANGE NO. 2 5 - 13 REVISED MAR 31 , 1988 A. County Commissioners, Larimer County, Colorado (Attn: Planning and Building Department) . B. County Commissioners, Weld County, Colorado (Attn: Planning and Building Department) . C. County Commissioners, Boulder County, Colorado (Attn: Planning and Building Department) . D. Fire Chief, Berthoud Fire Department, Berthoud, Colorado. E. Fire Chief, City of Loveland, Loveland, Colorado. F. Fire Chief, City of Longmont, Loveland, Colorado. G. Fire Marshall, Loveland Rural Fire Protection District, Loveland, Colorado. H. Fire Marshall, Longmont Rural Fire Protection District, Longmont, Colorado. I. Poudre Fire Authority, Fort Collins, Colorado. J. Fire Chief, Town of Mead, Mead, Colorado. K. Fire Chief, Town of Milliken, Milliken, Colorado. L. Fire Chief, Town of Johnstown, Johnstown, Colorado. 509.3 The nine Fire Departments/Agencies shown above (D-L) acknowledged receipt of the basic Fire Protection Policies during 1985. 509.4 A complete copy of this revised Change No. 2 will be mailed to all addresses shown above in para- graph 509.2 2. (A-L) . END OF SECTION 5 CHANGE NO. 2 5 - 14 REVISED MAR 31 , 1988 SECTION 16 EMPLOYEE'S HANDBOOK 1600 GENERAL.The purpose of this Section is to provide basic information and instructions for employees of the Water District. The policy matters contained herein are designed solely for the employees and specifically new employees of the District. 1600. 1 Contract Disclaimer. This employee handbook does not and is not intended to, create any contractual rights in favor of the District or the employee. The District reserves the right to change the terms of this handbook at any time. 1600.2 Open-Door Policy. All employees of the District are invited and encouraged to approach either supervisors or the Manager with work-related questions and problems. This is intended to apply to both problems and beneficial suggestions on all District operations. 1600. 3 Grievance Procedures. Employee complaints will be brought to the attention of the immediate super- visor and then, if not resolved, brought to the attention of the Manager. These complaints may relate to any matter that is considered by the employee to be work-related. Specifically included herein is the matter of sexual harassment and these cases will be brought to the immediate attention of the Manager. The District will not tolerate any type of sexual harassment and the Manager is directed to inform the Board of Directors on any grievance cases involving alleged sexual harassment. In the event the Manager is personally involved in a grievance matter of any type with an employee, this fact will be made known to the President of the Board of Directors on a timely basis. 1600.4 Employee Benefits. The employee benefits described in this handbook are considered to be excellent and have been established as District policies by the District Board. All benefits described herein are for regular full-time employees of the District. Personnel hired on a part time basis or as temporary employees are not entitled to these benefits, except as prescribed as mandatory by state law. The District Board of Directors does reserve the right to modify or CHANGE NO. 2 16 - 1 REVISED MAR 31 , 1988 eliminate these benefits with either no notice or a minimum amount of notice to the employees. 1600.5 Probationary Period. All newly hired employees of the District will undergo a ninety day probationary period. The purpose of this probation is two-fold, as it affords the employee as well as the District an opportunity to determine if both parties are satisfied with the work relationship. At the end of the probationary period either party may elect to terminate the work relationship with or without cause. 1600. 6 Employee Acknowledgement Form. Each employee will be required to acknowledge receipt of a copy of this handbook and this receipt will become a part of the employee's personnel files. 1601. ORIENTATION. 1601.1 The Little Thompson Water District was formed in 1961 for the purpose of providing excellent domestic water service to the rural area roughly bounded by U. S. Highway 34 on the north, the foothills on the west, the South Platte River on the east, and U. S. Highway 66 on the south. The District has over 375 miles of pipeline located in Boulder, Lorimer, and Weld Counties. 1601.2 The District is a governmental subdivision of the State of Colorado, a non-profit organization which is governed by a seven person Board of Directors whom are elected by the customers of the District. The Board sets policies which govern the District operations and the Manager is responsible to the Board for implementing these policies. 1601.3 The goal of the Water District is to provide an adequate supply of excellent quality water to each customer at the lowest possible cost. Employees of the District are expected to cultivate and maintain a sincere desire to attend to the customer's needs and in so doing, you will be making a valuable contribution to the success of the organization. 1601.4 The Water District is a service organization and the tapholders are paying the salaries and wages of all of the employees, as well as paying for each item of equipment owned by the District. This relationship between the employees and the customers demands a certain degree of respect towards all of our customers. In turn, you will CHANGE NO. 2 16 - 2 REVISED MAR 31 , 1988 find that this respect will be returned when they realize that you are doing an excellent job for them. 1602 SALARIES, WAGES AND BENEFITS. 1602. 1 Introduction. 1. The salary and wage policies are established by the Board of Directors and implemented by the Manager. Beginning wages are determined by the job position, experience of the applicant, and area wage levels for similiar jobs. It is the policy of the District to abide by all laws pertaining to fair employment practices. This policy does prohibit discrimination against any person with regard to employment, benefits, pay or opportunities for training and advancement because of race, color, religion, sex, age, national origin or handicaps. 2. The benefit policy is established by the Board of Directors and includes the following for regular full time employees: A. A medical and life insurance plan administered by Blue Cross and Blue Shield of Colorado for employees and their dependents. B. A retirement plan administered by the Colorado National Bank in Denver. C. An annual leave policy which includes provisions for paid holidays and sick leave. D. A provision for disability pay for employees that incur an illness or have an accident while off-duty. E. All employees are covered by State Compensation Insurance for any accidents that occur while on-duty. 3. These specific plans and policies are dis- cussed in detail in the succeeding paragraphs. CHANGE NO. 2 16 - 3 REVISED MAR 31, 1988 1602.2 Pav Policies. 1. The pay of each employee is reviewed annually on the employment anniversary date. A written performance evaluation will be accomplished in conjunction with this pay review. The performance evaluation will be discussed with the employee by the immediate supervisor and both will be required to sign the evaluation. The Manager will review and sign all evaluations. Pay adjustments are determined by job performance and general economic conditions. 2. All employees are paid every two weeks. Individuals may be paid in advance of normally scheduled paydays if the situation warrants this action; however, these payments will only be for actual hours worked. 3. Salaried employees are not authorized to draw overtime pay, except as required by State law. 4. Hourly employees will be paid overtime when the hours worked exceed eight hours in a day or exceed forty hours in a week. 5. The normal work week over a two week pay period for hourly maintenance and filter plant personnel when they are in an on-call status is shown below: 1st Week: Mon-Fri 5 days @ 8 hrs. .40 hours. 2nd Week: Tue-Fri 4 days @ 8 hrs. .32 hours. Saturday(standby) 6 hours. Sunday (standby) 2 hours. Total for two week period 80 hours. 6. The senior operator at the Filter Plant will coordinate work schedules at the plant so weekly hours do not exceed forty hours in a week. Overtime for Filter Plant personnel will only be authorized under an emergency basis and the Manager will be advised when this occurs. 7. Maintenance personnel are periodically scheduled to be "On Call" over weekends and holidays and will be paid for this duty as prescribed herein. When in an "On Call" duty status, that individual is on call for 24 hours each day. During non-working days, the CHANGE NO. 2 16 - 4 REVISED MAR 31, 1988 man "On Call" will be available to respond to calls that come into the answering service. The answering service will either call the man on duty at his home telephone or activate the pager to alert the man to call the answering service. The following clarifies how maintenance personnel will be paid while in an "On Call" status: ON CALL DAY DESCRIPTION OF PAY RATESJREMARKS Saturday 1. Paid 6 hours at regular rate for being in an "On Call" status. 2. No extra pay is warranted for any work performed between the hours of 7:00am through 3:00pm. 3 . Overtime will be paid for any work performed over six hours and for any hours worked after 3:00pm and before 7:00am. Sunday 1. Paid 2 hours at regular rate for being in an "On Call" status. 2. No extra pay is warranted for any work performed between the hours of 7:00am through 3:00pm. 3. Overtime will be paid for any work performed over two hours and for any hours worked after 3:00pm and before 7:00am. Holidays 1. Paid 8 hours at the double time rate. Any work performed over 8 hours will be handled by the Manager in an appropriate manner. 8. Maintenance personnel are periodically called upon to be on-call after normal working hours on the day the District accomplishes turn- offs for non-payment of water bills. The maintenance man assigned on this date will be required to be in an on-call status from 4:00pm until 7:00pm in the evening and will be paid three hours of pay at the overtime rate when this occurs. This pay rate will apply whether the man actually has to go out into the field or not. Normally, maintenance men will not be asked to make these calls after 7 : 00pm; however, if their actual working hours go past the cutoff of 7:00 pm, CHANGE NO. 2 16 - 5 REVISED MAR 31 , 1988 they will also be paid at the overtime rate for the period of time they actually worked. 1602.3 Medical and Life Insurance. The medical and life insurance plan for employees is Blue Cross and Blue Shield of Colorado. All regular employees of the District are eligible to participate in the plan once they have completed ninety days of satisfactory service. The District will pay for the employee's share of the insurance coverage and for the coverage of bonafide dependents. The District will not provide dual medical coverage for an employee, so if an employee has other medical insurance this plan must be dropped prior to the District providing coverage. 1602.4 Retirement/Pension Plan. * 1. The District has established a retirement plan with the Colorado National Bank in Denver. Employees are eligible to participate in the plan after they have been employed for one year and worked for a minimum of 1, 000 hours. In accordance with the rules of the plan, an employee can only be enrolled on January 1st or July 1st, whichever comes first, following the first year's employment. The District will contribute an amount equal to five percent of the employee's annual base salary or wage. Overtime pay is excluded from these calculations. These contributions are made annually at the end of each year. Once enrolled in the plan, employees may make voluntary contributions on an optional basis. An employee becomes vested in the plan at the rate of 26% per year and at the end of five years is fully vested. Individual contributions are taxable and are always fully vested. 2. The employee ' s retirement fund is administered and monitored by the District Retirement Committee consisting of the Manager and two District employees. The Manager has the authority to conduct transactions with the financial institution administering the plan and is responsible for keeping the Board of Directors informed as to the various matter which come before the Retirement Committee. CHANGE NO. 2 16 - 6 REVISED MAR 31 , 1988 1602.5 Annual Leave and Paid Holidays. 1. Paid vacations are a benefit received for working for the District and it is anticipated that all vacations will be scheduled consistent with the antic- pated workload and in coordination with other employees in the same section. It is anticipated that employees will be able to provide supervisors with a minimum of three weeks notice of the dates they desire to go on annual leave. Supervisors are responsible for coordi- nating the vacation requirements of their respective sections. * 2. Employees are encouraged to take all of their annual leave time in the year earned; however, a carryover of annual leave is permitted. In the latter part of 1987 the District Board modified the annual leave policy so the vacations days, personal days, and sick leave days were all incorporated into one category of annual leave. Accordingly, the time an employee is sick is counted against their annual leave. * 3 . The amount of annual leave days each employee is entitled to is based upon the length of employment as shown below: Employment Period Annual Leave Initial 6 months. 0 Days. 1st Year, earned 13 Days. during last 6 months. 2nd-5th Year. 18 Mays. 6th-10th Year. 23 Days. Over 10 Years. 28 Days. * 4. On December 31st of each year each employee's carry-over time will be documented by the Administrative Section and the employee will be informed as to the total number of days that are involved. In no case will an employee be permitted to carry-forward more than 20 days from one year to the next. Upon CHANGE NO. 2 16 - 7 REVISED MAR 31, 1988 termination of employment from the District, either voluntary or non-voluntary, the employee will be paid at their normal rate of pay for the accrued annual leave. 5. On January 1st of each year all employees will have the full amount of annual leave available for the year; however, if an employee takes his total annual leave for the year, and then leaves the District later in the calendar year, the amount of annual leave that was not earned must be paid back to the District as part of the settlement on the final paycheck. 6. Paid holidays are granted to all regular full time employees. Employees will be paid their standard day's pay for each of the eight recognized holidays. The paid holidays are as follows: New Year's Day - January 1st. Martin Luther King, Jr. 's Birthday President's Day Memorial Day Independence Day - July 4th Labor Day Thanksgiving Day - Last Thursday in Nov. Christmas Day - December 25th * 1602 .6 District Policy and Procedures relative to Iniuries and Accidents - Work Related. 1. Definition. A work related injury is defined as one that has occurred while the employee is in pay status with the District and the employee is accomplishing their normal assigned duties. 2. Insurance Coverage. All District employees are covered by the State Compensation Insurance Program and this coverage would apply to any and all injuries incurred while on the job. It should be pointed out that an important element of this coverage is that the individual employee is responsible for observing normal safety precautions for the task they are working on. 3. Reporting of Iniuries and Accidents. Any employee injured on the job, regardless of how minor it may seem, will inform their immediate supervisor as soon as possible of the details of the injury/accident. The CHANGE NO. 2 16 - 8 REVISED MAR 31 , 1988 Manager of the District, or in his absence, the Operations Supervisor, will be personally informed on the same day the injury occurred. Failure to comply with this procedure could result in the employee being personally responsible for any medical bills resulting from the injury. 4. Procedures and PaY Policies. A. In the event an employee has to leave work early as a result of the injury, the employee is requested to see a medical doctor/hospital clinic to determine if medical treatment is necessary. The employee will be paid in full for the day the injury occurred, regardless of what time they actually left work. B. In the event the employee is unable to return to work the next day, or the next three days, the District will pay the employee their normal rate of pay for these first three days after the accident. The employee will not be charged for annual leave for these first three days. C. The District's pay to the employee will stop after the three day period and all pay thereafter will be handled by the State Compensation Insurance Program. This insurance provides the employee with two-thirds of the regular pay after the initial three day period. Addition- ally, the three day period will also be paid by State Compensation if the employee is off work for 15 days or more. If the employee does receive compensation from the State Compensation Program for the three day period and the District has already paid the employee for the three day period, the employee must reimburse the District for the dual compensation received from State Comp. 5. Return to Work Procedures. After an employee has missed three or more days of work due to a work related injury or accident, the employee must obtain a written note from a medical doctor which states they are able to return to a full duty status. If the medical doctor's note specifies light duty only, then CHANGE NO. 2 16 - 9 REVISED MAR 31 , 1988 the specific tasks the employee normally performs will be provided to the doctor to determine exactly what type of work is considered as "light duty". * 1602.7 District Policy and Procedures relative to Iniuries. Accidents, or Serious Illness - Non-Work Related. 1. Definition. A non-work related injury is defined as any injury, accident, or serious illness not being defined above as work- related. 2. Insurance Coverage. The District has established a self-insurance program for disability pay, as outlined below: A. The first six days an employee is off work for an accident, injury, or illness . that is non-work related, will be counted against the employee's annual leave. B. Once an employee has been off work due to illness or an accident for six (6) continuous working days, to be confirmed by a written statement from a medical doctor, the employee would be eligible to receive disability payments from the District. At this time the employee would have the option of either using his annual leave, at the full rate of pay, or utilizing the disability pay policy. C. The Disability payments would amount to two thirds of their regular pay and would continue for a period of up to thirteen calendar weeks. (13 weeks X 5 days = 65 days) . D. No payments would be made after 13 calendar weeks. The employee's job position would be considered as vacant if the employee was unable to return to work after the 13 calendar weeks had elapsed. 3. Return to Work Procedures. After an employee has missed six or more days work due to a non-work related injury or accident, the employee must obtain :1 written note from a medical doctor which !states they are able to CHANGE NO. 2 16 - 10 REVISED MAR 31 , 1988 return to full duty. If the medical doctor's note specifies light duty only, then the specific tasks the employee normally performs will be provided to the doctor to determine exactly what type of work is considered as "light duty". 1603 MISCELLANEOUS MATTERS. 1603 .1 Family Illness and Other Emergencies. Time off with pay will be granted at the option of the Manager for immediate family illness or death. Immediate family includes spouse, children, parents, grandparents, brothers, and sisters. Unpaid absences may be granted in certain cases upon approval of the Manager. 1603 .2 Unemployment Compensation. Unemployment compen- sation is the State program which provides benefits for those out of work and are actively seeking work. Depending upon the circumstances causing unemployment, you may be eligible for such pay. The District pays the full cost of this coverage. 1603. 3 Termination of Employment. It is to be emphasized and clearly understood that no employee has a contract with the District relative to employment. The District or the employee may terminate the employment status with or without cause. The District will provide two weeks notice of termination of employment on an individual. The following actions may be reasons for termination of employment: 1. Theft of company or other employee's property or any dishonest acts. 2. Willful destruction of company or other employee's property. 3. The possession, selling, or use of non- prescribed narcotics. The use of alcohol while on duty or being intoxicated on the job. 4. Gross misconduct and gross negligence can result in immediate suspension or termination of employment. 5. Excessive absence , tardiness , or insubordination to superiors. 6. Traffic violations which are further CHANGE NO. 2 16 - 11 REVISED MAR 31, 1988 identified below under "Use of District Vehicles". 1603.4 Unsatisfactory Performance Evaluation. All regular full time employees of the District receive a written performance evaluation annually on their anniversary date. Additionally, a review is required for a newly hired employee upon completion of the three month probationary period. If, in the opinion of the Manager, any written performance evaluation falls into a category which is less than satisfactory, that employee will be placed in a probationary employment status. When this occurs, an additional written performance evaluation will be required every thirty days. These evaluations will continue until the employee's performance is satisfactory or their employment is terminated. 1603.5 Special Performance Evaluations. The Manager, or any supervisor, may initiate a special performance evaluation at any time. The purpose of these special evaluations is to identify poor performance as well as to recognize special and extraordinary achievements by District employees. 1604 USE OF DISTRICT VEHICLES. 1604. 1 The Water District vehicles are highly visible items of equipment and as such will be maintained and operated in an excellent manner at all times. 1604.2 The District vehicles are to be used for official business of the District and will not be used for the personal transportation of dependents or friends of employees, except under emergency situations. Exceptions to this policy will be subject to the approval of the Manager. 1604.3 All employees are expected to abide by traffic regulations and the fact that an employee may be going to, or coming from, an emergency water break is not an valid reason for violating any traffic laws. A life threatening situation is the only valid reason for possible violation of traffic regulations. Any employee involved in a traffic accident is required to report to their immediate superior on the same day that it occurs. This term accident includes any accident however minor it may seem and also any near-accident situation. An employee who violates any of the below listed traffic violations could be considered as just cause for termination of employment. CHANGE NO. 2 16 - 12 REVISED MAR 31, 1988 1. speeding, or operating a vehicle in a reckless manner_ 2. Unauthorized use of a vehicle. 3. Failing to stop at stop signs. 4. Failing to use seat belts - except when meter reading. 5. Operating a vehicle while under the influence of drugs or alcohol. 6. Deliberate damage to a vehicle. EMPLOYMENT ACKNOWLEDGEMENT FORM I hereby acknowledge that I have received a copy cf the Employee's Handbook for the Little Thompson Water District. I have read this handbook and understand -the terms of the working conditions described in the handbook. (Employee's Signature) (Date) * * * * * * END OF SECTION 16 * * * * * * CHANGE NO. 2 16 - 13 REVISED MAR 31, 1988 SECTION 17 LIST OF APPENDICES LTWD NUMBER FORM NUMBER DESCRIPTION 1 110 Water Tap Application 2 120 Domestic Water Agreement 3 130 Final Notice 4 None Fire Department Acknowledgement Form 5 150 Petition for Property Inclusion 6 160 Petition for Property Exclusion 7 170 Assignment of Water Tap 8 200 Easement and Right of Way Agreement 9 210 Agreement for Water Main Extensions * 10 None Fire Hydrant Use Report 11 None Sample Bill of Sale 12 None List of Definitions * 13 None Description and Map of Director' s Districts * 14 None Schematic Drawing of Residential Meter Pit with dual meters CHANGE NO. 2 17 - 1 REVISED MAR 31 , 1988 rri� • FIRE HYDRANT USE REPORT LITTLE THOMPSON WATER DISTRICT Name of person/company requesting use: Address of person/company requesting use: Contact Person: Type of Use: Equipment Being Used: Date First Use Requested: Anticipated Completion Date: LTWD Employee in Charge: Fire Hydrant Location: Allowed Flow Thru Hydrant: G.P.M. One Way Trip Mileage to Hydrant: Miles . Meter Reading Start Time Meter Reading Finish Time MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY Time at Job No. of Trips to Job Comments MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY APPENDIX 10 TO LTWD RULES AND REGULATIONS CHANGE NO. 2 Page 1 of 1 REVISED MAR 31, 1988 DESCRIPTION OF DIRECTOR'S DISTRICTS 1. In accordance with Title 32 (Special District Act) (Paragraph 32-1-803) the Board of Director in its discretion, but not more frequently than every four years, may reestablish the boundaries of the director districts so that such districts have, as nearly as possible, the same number of electors. The District Board did reestablish the boundaries by formal resolution on December 3, 1987 and this realignment produced the following results: DIRECTOR'S APPROXIMATE NUMBER APPROXIMATE NUMBER DISTRICT OF TAPHOLDERS OF SOUAR MILES District I 451 30 Sq miles District II 462 12 Sq miles District III 493 33 Sq miles District IV 478 16 Sq miles District V 494 53 Sq miles District VI 470 40 Sq miles District VII 494 86 Sq miles Totals 3 .342 270 Sq miles 2 . For information, these tapholders were identified as being in the following Counties: ELECTION DISTRICT TOTAL LARIMER BOULDER WELD District I 451 451 0 0 District II 462 462 0 0 District III 493 451 0 42 District IV 478 459 19 0 District V 494 166 46 282 District VI 470 350 0 120 District VII A221 0 387 Totals 3.342 2.446 65 831 3 . The Director's districts are further identified below: District I: All of the land sections included in the Little Thompson Water District as follows: Range 68 West, Township 5 North: Sections: 3, 4, 5, 8, 9, 10, 15, 16, 17, and 18. Range 69 West, Township 5 North: Sections: 7, 13, 14, 15, 16, 17, 18, 19, 30, and 31. Range 70 West, Township 5 North: Sections: 11, 12, 13, 14, 23, 24, 25, 26, 35, and 36. APPENDIX 13 TO LTWD CHANGE NO. 2 RULES AND REGULATIONS REVISED MAR 31, 1988 Page 1 of 4 District II: All of the land sections included in the Little Thompson Water District as follows: Range 69 West, Township 5 North: sections: 20, 21, 22, 23, 26, 27, 28, 29, 32, 33, 34, and 35. District III: All of the land sections included in the Little Thompson Water District as follows: Range 68 West, Township 4 North: Sections: 6, 7, and 18. Range 68 West, Township 5 North: Sections: 19, 30, and 31. Range 69 West, Township 4 North: Sections: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18. Range 69 West, Township 5 North: Sections: 24, 25, and 36. Range 70 West, Township 4 North: Sections: 1, 2, 11, 12, 13, and 14. District IV: All of the land sections included in the Little Thompson Water District as follows: Range 69 West, Township 3 North: Sections: 5, 6, 8, and 17. Range 69 West, Township 4 North: Sections: 19, 20, 29, 30, 31, and 32. Range 70 West, Township 4 North: Sections: 23, 24, 25, 26, 35, and 36. District V: All of the land sections included in the Little Thompson Water District as follows: Range 67 West, Township 3 North: Sections: 5, 6, 7, 8, 17, 18, 19, 20, 30, and; 4, 9, 16, 21 NW of the St. Vrain Creek, and; 29 north and west of the St. Vrain Creek, and; 31 north of the St. Vrain Creek. Range 68 West, Township 3 North: Sections: 1, 2, 3, 4, 5, 6, 8, 9, 10, 11,. 12, 13, 14, 15, 16, 17, 21, 22, 23, 24, 25, 26, and; 35 anc 36 north of the St. Vrain Creek. Range 68 West, Township 4 North: Sections: 31, 32, 33, and 34. APPENDIX 13 TO LTWD CHANGE NO. 2 RULES AND REGULATIONS REVISED MAR 31, 1988 Page 2 of 4 District V: (Continued) Range 69 West, Township 3 North: Sections: 1, 2, 3, 4, 9, 10, 15, and 16. Range 69 West, Township 4 North: Sections: 33, 34, 35, and 36. District VI: All of the land sections included in the Little Thompson Water District as follows: Range 68 West, Township 4 North: Sections: 2, 3 , 4, 5, 8, 9, 10, 11, 14, 15, 16, 17, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, and 35. Range 68 West, Township 5 North: Sections: 20, 21, 22, 27; 28, 29, 32, 33, and 34. Range 69 West, Township 4 North: Sections: 21, 22 , 23, 24, 25, 26, 27, and 28. District VII: All of the land sections included in the Little Thompson Water District as follows: Range 66 West, Township 4 North: Sections: 4, 5, 6, 7, and; 8 and 18 northwest of the St. Vrain River. Range 67 West, Township 4 North 9, 10, 11, 12, 13, 14, 15, Sections: 1, 2, 3, 4, 5, 6, 7, 8, 24, 27 , 28, 29, 16, 17, 18, 19, 20, 21, 22, 23, 30, 31, 32, and 33. Range 67 West, Township 5 North: Sections: 3, 4, 5, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36. Range 68 West, Township 4 North: Sections: 1, 12, 13, 24, 25, and 26. Range 68 West, Township 5 North: 26 35 and 36. Sections: 1, 2, 11, 12, 13, 14, 23, 24, 25, r r 4. The attached sketch map on page four to this Appendix reflects the boundaries of the Director's Districts. APPENDIX 13 TO LTWD CHANGE NO. 2 RULES AND REGULATIONS REVISED MAR 31 , 1988 Page 3 of 4 N I.- CC tr"... ."13V, oz aCCn. -2 1513 oNO3 I � � o _ go y I ` ¢ = O y O E g2 rCCaa cm moo, W W O Z y -, rrW `\ oi�e/a ; i- a W I NE ♦ s4 _ I : 3 CC J \ C'& I Ei\\ _ __— J z 1 w\ H o � ro \ q KNJ \ v •r \ i \ w a 8 \ N \ W 0, 1N SZ 31VZSk131N! G I ill 0- w W Q N > I I;' lib" LBZ AMN S(1I Wm I <ea AMR sn I 15 1 L o a�� I z I O ~"l I issii 14 IIMIll >/ 1 Ill 1--1 c 0 z 0 O o 0 1 3NVl 831100 d APPENDIX 13 TO LTWD CHANGE NO. 2 RULES AND REGULATIONS Page 4 of 4 REVISED MARCH 31, 1988 • 1 Outlet Domestic Service Line Fire Sprinkler System Line I , ■ @ o O • • Inlet C. I . ' Dome --T ' 30" x 36" aw� 1.eter Pit • ■ CONSTRUCTION . l RESIDENTIAL FIRg - LITTLE THOMPSON STANDARDS (SPRINKLER METER: WATER DISTRICT ' 111 APPENDIX 14 TO LTWD RULES AND REGULATIONS ' CHANGE NO. 2 Page 1 of 1 REVISED MAR 31, 1988 ,.. H . I ,. • Colorado Depattrnenf of Highways 4�sar19 f 4201 E.Arkansas Ave. Denver;CO. 80222. ";11f1R'ram temenat• For More information 757-9222,- „ Z aoraExasxor's.a - asA0198g , ::TO,rocvs METRO State-Highway .Commissioners, _who =_usually: map„ out a .quadrant, of ;Colorado for their spring and autumn road inspection tours, will-,-for the. first:time focus on the Denver metropolitan area 'Hay .19;and 20-•, -, The tour•w- like those before it will allow the 11-member polity board to review firsthand some of Colorado's road and bridge needs along with docent construction or maintenance projects. : rz The Commission's regular monthly,meeting is, scheduled from 8:30.-a.m_ -to 11:30 a.m. on Thursday, •--Hay:>. .14:,.at,- the Department',_of--Highways main f; administration building, 4201 E. Arkansas Ave. in Denver: .. Issues,on.the •agenda:, include a report on the Department's Highway Worker Hotline which began Nay 2; highway financing; and a status report from the Governor's Implementation; Review Team which to the most recent ':group examininL.;:the- highway, a€l-inc4Cs.:,management. and efficiency. • Commissioners also expect to;,.hear-:::a: rep rt frc,:, the Transit Construction Authority, established by the state legislature to build a transit;system between Douglas county and downtown Denver. During a charter bus tour Thursday afternoon and Friday the highway commissioners via hear a presentation by,,Governor: Roy Romer; peat ate various times with local:officials, chamber _of commerce representatives axed-the;Regional Transportation District (regarding.mass, transit);- and_ learn. along witb•. traffic reporters, about spring and :summer construction and, maintenance ;projects which will affect_traffic. on the state highway_system in •and;around Denver-- SSSS COISTEycrIox‘BTDWNO ACTIVITY TOR'NAY- 12 170-2(137) ,1^a9„Di- , 4,`...' '0 CANYON - - ..._.__-. Interstate 70-,construction near ...the_silboalunts, Power_pleat_ in- GlenWeod ,-�anyon_, which inctudes,.gndins aggregate lase tours*, ,hot, itisinass pavements;_,driinage,'- - bridgey, retaining n11, signing,. :atr ptn;t lighting,:ant landscaping, .beginning s.s miles east :'of • Glenwood- ^Springs:and• extending;:about3.5: miles easterly .(0.9 mile net length), in Garfield county. Number of Bidden: Three. (3).: Apparently-successful-bidder: " $9,321.,340-from Sctew+it Western ,Company of ,. :Littleton, ' Calls for completion by November 1, 1999. " Resident-•engineer:. Rich Orton ofc( ienwood, Springs: � Jx A 9• 1 - 1 BRF 550-2(1a) U;S. 554 NORTH or Yo 1Y .. • ... : . U.S. 550 minor-widening land Dexter creek 'bridge replacement 1.2. miles north of Ouray, which includes grading; bridge, landscaping and guardrail, in Ouray county. Number of Bidden: Five (5) Apparently successful bidder.• *308;,;?50 ,from Grand Construction of Montrose Calls for completion within: 90 =workable:days =- Resident "engineer; -Keith Durfee of Durango BRO 0018(1)- •PRIDOIVOR DELTA COUNTY ROAD 3400: ac Replacing"a Delta 'County Road --3400,,;bridge •half a;mi?le south -of:Hotchkiss,-;which includes`- grading; -aggregate base` course;`?.hot bi novas pavement;-- bridge,' • topsoil, seeding, mulching, and guardrail. `` Number of•Bidders::•: Seven (T) • Apparently successful bidder: $396,918. from Con-sy_Incorporated of-Rif3e: • - Calls' for completion' within: 10 workable•days' ` Resident engineer:- Darryl`Carison.tf;•Montrose Rios TO BE:OPENED • NEW: JUNE 2, •4:30.-a.m- . Set--Aside',project -for `minor widening_ of 7.sif, 63 north ' of- Akron," Which- includes 'grading,: aggregate' base; course, hot.bituminous pavement, plant `mixed scsi coat, drainage, seeding,:;mulching,. -guardrail, fencing and striping, -beginning at : U.s,' ='34 and extending-"about -6.3;•,miles-rnorth :in • Washington county, SR=0063(13)•' ... "_CgRT1FIEP.[ .FREQUAt,IFIED -MINORITY:: B7.DDERS ONLY. 9:45 a.m.. Set-Aside project for minor widening of S.H. 14 east of Raymer, which includes grading, stabilization, hot bituminous pavement, • drainage, striping,.:_,seeding:_end,. tmulching,, beginning-;',about six miles east of Raymer and extending about 2.9 miles east in Weld county, FR 014-2(16). CERTIFIED, PREQUAi, F18D'MINORITY •BIDDERS ON4Y. "• c • ,x0:00 ;.m. . .minor widening of S.H=- 't3• north of_ Little _ Cottonwood Creek in Moffat county,' consisting ':of grading, - stabiii sties, drainage, hot bituminous pavaawtt, plant nixed real. coat;•;seeding„sad' maiching beginning 15 miles north of-`-Craig:an& :extending northerly about .2:T:_.sriles FR 013-2(8) I0:1c a-m.. Set-Aside `project: ;•.to • refurbish or-:replace Interstate 25-sign panels•'in=the'metropolitan-Denver-:area;at:various locations, MP 99-6000-38. CERTIFIED, PREQUALIFIRD MINORITY BIDDERS ONLY • 10:30 a,mr Set-Aside•project for ;Interstate 76. _-safetywork in Morgan and Logan counties at various *locations, which includes guardrail, grading, impact attenuators,• topsoil, "seeding,• , Mulching and drainage improvements, beginning About ;five miles west of Fort Morgan and extending, about 50 miles northeasterly; to' the Sterling interchange, 3x ::76-2(25).' .CgRTIFIED PREQUALIFIED MINORITY`BIDDERS "ONLY. " (more) • Highway News. Page 3 cyurxAcfl AwAIRIR , Road/ ws_ .. Bid Contract Pro ect Street Des_criptioq Awarded to Opening Awarded IXFU 085-2(38) Belleviaw Ave. Wid nine & , Civil,Constructors,Inc. A/21/88 5/3/88 CC-HP 10-0088-28 in Littleton, bridgework ;41,514,439 Award Goals D81 8% Goma�itted Fc 082-1(15) S.H. 82 southeast Hew roadway . WesternMobile, Inc. 4/21/88 5/3/88 CXFC. 44-0082-11 --of Carbondale ,7 rA~2,29I,787 •.r d/b/a3NStsrlitis "Paving Co. and Associated Cos. .. Award Goals .Cofiwitted�_ Dili;7,.13x; RS 0008(2) S.H. 8 at Stone Signalixa 41C.8_C I. Colorado, Inc. 4/28/88 5/3/88 St. in''Morrison '" &ioit`b.: "; 61,639-.. improve-: ', ;Award;Goals,. . meats ;.DB$ 1974. Committed> _ CX 05-0012-33 S.I{. 12 over Resurfacing Popejoy:,Const, Co. ,Inc. 5/5/88 5/10/88 Cucharas ..Pass '4, -81,286,065 Award-Goats -DE& 2x 'HBR 2s.• committed*` ` DES 2:25%- WB8'`2 46% FR 014--12(14) . S.H. 14 in Logan Realignment--Connell Resources, Inc. 5/5/88 5/10/88 county- - ___� ' _ *985.226 100% Set Aside" "There is no, traffic safety device quite as effective as a rear view mirror with a policesian in it.'" ' "Don't find fault. Find,.a,' 'emedy." Henry Ford (ovary Ode to "The Maintenance Man" Since Adwn btcnisd`Ewe for tirE apps'-` In words too lurid,to quote, Then has alwayrbeensome'poormortal Who^s fated?to'be the-goat, - And the guy in dii highway system Like the dog_who is tied to the can Is that poor and unsung hero Entitled "Thee Maintenance Man." - He patches his pavement and toils with his blade • Cleans-out hit_ditches and•builds•'up'his-grade Replaces his guardrail,=:trims up his frees, -" -` • Crawls throetgk his culvert to clear out the leaves. Lays dust oil in summer, sprays weed oil in spring Drives over each mile never missing a thing In short, he does all that he possibly can. This poor patient guy called "The Maintenance Man." But whenever it rains, and the pavement gets slick, Or the paint stripe fades when the fog is thick, Ora.tourist gets dust on;his'bigsedan,.... WHO gets the blame? Why,."The Maintenance Man." For since Adam blamed Eve for=the apple And Cain sowed'his first wild::oat,' • There has always;been some poor mortal Who's fated to be the'goat. And the guy in the highway system, Whom eveyone_loves;to_damn_: ;K Is that poor„long-suffering creature ' Entitled 'The Maintenance Man." e And_l think when he,meets Saint Pete And looks-at that;heavenly road Where the tractors all have street plates And the trucks never overload, • With•never a broketguardnail ' No thistle or puncture vine, Nor dust to lay, nor:weeds to spray And never a shattered sign, • He'll turn to the worthy Peter with. "Fete, this is surely swel4 But I've head of another district— We used to call it Hell:" 'lust stop right there,"Saint Peta,':wlll say "For now that Flock at`your pan I can see why you'd rather go below- You're an-old time Mantedance-Man!Pl"-- Reprinted from The Roadrunner,Nebraska Department of Roads, November 1986 Author unknown. Volume 1 Number 2 May 1988 nn ^ " '' '"* miri ow Egt1IPRIFI .,* --) d 'v ) 1 L "a monthly newsletter highlighting significant highway and transportation issues" _ NC 4 Colorado Department of Highways a r b r w it•y. . STRICKLAND SPEAKING: AN INTERVIEW WITH THE CHAIRMAN OF THE HIGHWAY COMMISSION 1 9 - j a. Biography «3 Thomas L. Strickland � £ Chairman, Colorado Highway Commission , < Born: May 1952 w` Education: B.A. , Louisiana State ° University J.D. University of ,� Texas School of Law Occupation: Attorney Q: Whet are some of the more challeng- Family: Married; two children ing issues facing the Highway Commission this year? A: I think the legislative issues have The following interview took place April been at the top of our list. The Cover- 25: nor has given us an enormous ,amount of leadership and a lot of his time in car- Q: How closely do you interact with rying the (Statewide Mobility) message your constituents? around the state. A: Very. I receive approximately 10- Part of the salesmanship of the Depart- 15 letters and calls per week from citi- went requires that we identify and imple- zens, legislators, city council members, meet efficiency measures. In my three and the press. My philosophy is that years on the Commission, but especially although our role as Highway Commission- this year, we have had a real challenge ers is clearly to set policy and make to try to communicate to the public and budget decisions, not to get involved in to the General Assembly that we have a the administrative functions of the De- well-run and efficient operation. Once partment, the Commissioners represent the we can put that issue to rest, we have:: Department, and should try to be acces- turn around and aggressively sell t sible to people with good questions and conclusion to the public and to the deci- suggestions. sionmakers. Q: How are the concerns of your consti- Q: How do you see the role of the High- tuents balanced with those of the other way Commission in relation to the Depart- Highway Commission members? A: The process of setting policy for IN THIS ISSUE.. . the Department of Highways is ongoing and dynamic. The Commissioners often present •Administrative Costs--How Do We Compare? legitimate and competing concerns, but ""Highway Hotline" Installed the overall commitment of the Commission 'Department Receives National Awards is to maintain the integrity of the state •Construction Season Full Steam Ahead highway system. We try to strike a bal- 'Safety Legislation Saving Lives ante between the different interests. went of Highways? Has it changed? years ago? A: The role of the Highway Commission A: Sure. The commitment of resources has not changed statutorily, although .we relative to the per capita income and have a more active and aggressive Commis- vehicle miles traveled on the state sys- sion now than in any time that I have tem certainly was greater 15-20 years ago. been on the board. That was an era of expansion and of in- I think there are a couple of reasons for vestment in the future. Politics and this. One is the Governor's interest and economics have changed. There is a. cyni- his desire to involve the Commission as cism about government investment that has his ambassadors. The Governor has made been damaging. We have had to make the appointments to the Commission who are case that we are spending the taxpayers' not going to hang back, but people who money wisely. have been in leadership positions in the public and private sectors and are ag- Another pertinent issue is the signifi- gressive. cant urbanization which has taken place in this state in the last 20 years. We I think we are necessarily more public have not met the capacity needs. The and more in the spotlight than past Com- increasing fuel efficiency of autos cuts missions have been primarily due to the into the the amount of spending power interests of the Governor, but also be- that our gas tax generates. cause of the interest of the public in knowing how highway dollars are spent. Q: Do you have any personal goals for the Commission or for Colorado that you Q: How is the Highway Commission adap- would like to meat during your term? ting to the anticipated_losses of federal and state funding this year? A My broad goal is to make a contri- bution towards improving the system, and A: It is hard to know what to adjust I think that can take a lot of forms. to. With the likelihood of loss of the Noble Bill this year, we have begun the I would love before my tenure ends to see process of debudgeting certain projects. significant new funding. Since I have been on the Commission, we have seen Sen- The federal situation is also in a state ate Bill 36 pass, and we all played a of flux. There has been a decrease in role in that. We have been laying the the obligation authority limitation and groundwork for a couple of years with we have adjusted by factoring out certain Governor Romer and the Statewide Mobility projects. Program. Overall, we are taking the position, a- There is one special area of interest long with the Governor, that we must be that I have not yet been able to devote compensated for those losses. We are not attention to but plan on in the next few planning to have to accept a loss of months. That is highway aesthetics and funding over the next several years. We roadway beautification. This is one as- are fully confident that the case can be pect of our roadway system that has suf- made that the Department needs more re- fered substantially in the last fifteen sources, it is just a question of when years when we have faced severe budget we'll get them. We are going to be very shortfalls. The result is that we have aggressive in terms of identifying needs created a legacy of a system that is not and pushing for additional resources. nearly as attractive, nor as much of a positive asset to our state,- which is Q: Are there new or more prominent is- noted for its natural beauty. I would sues that Highway Commissioners must bal- like to devote some special time and st- ance today that were not paramount 10-20 tention to this issue. "HIGHWAY HOTLINE" INSTALLED The "Highway Hotline" for the Department of Highways will be operational on Monday, May 2. The number, which may be called toll-free from arm/here in the state, is 1-800- 999-9757. The Department is encouraging citizens to call whenever they have comments, positive or negative, concerning the performance of Highway Department'workers. MAJOR FEDERAL GASOLINE TAX INCREASE Administration, Engineering, Research CONSIDERED FOR DEFICIT REDUCTION and Planning Costs as a percent of total disbursements The Highway Users Federation reports that fc"' state highways 1986 pressure remains strong for a substantial increase in the federal gasoline tax to New Mexico 16.26 reduce the federal budget deficit. Oregon 1434 Massachusetts.. 14.08 Ohio Ohio 13.88 An increase of 15-30 cents-per-gallon is Iowa 1222 currently being considered by the Nation- Oklahoma 11.02 al Economic Commission, a newly formed Hawaii 11.31 South Dakota 10.37 group that will counsel the incoming Delaware 10.24 President in 1989 on what measures need New Hampshire 10.1 to be taken to reduce the federal deficit. Nevada s86 Alaska 0.22 If such an increase is imposed, Colo- Wisconsin °•11 California 8,70 . rado's gas tax will be 33-48 cents-per- Newyork_ 8-68 gallon. Texas 8.24 Michigan - 7.55 South Carolina 728 New Jersey 7.27 ADMINISTRATIVE COSTS---HOW DO WE COMPARE? North Dakota 6.95 Vermont 6.6 Illinois 6.86 In the past, the Colorado Department of Florida 6.62 Highways has faced allegations that ad- Idaho 6.54 ministrative costs are too high. In Utah 6.51 . Kansas 8.49 fact, the Highway Department's adminis- Wyoming 6.47 trative costs in FY 1987 were 2.4 percent Virginia 6.14 of the total budget, less than half of Georgia 6.03 g . Connecticut 2.99 the 5 percent ceiling mandated by the Alabama 5.69 State Legislature (C.R.S. 43-1-111), and Washington 5.43 Ma 5.25 20 percent less than the level suggested Maine s1 by the Legislature's Joint Budget Commit- West Virginia 5.06 North Carolina 4.98 tee. Minnesota- 4.88 Arizona 4.64 The Federal Highway Administration has Tennesa00 4.6 conducted its own comparison of state Montana, 4.36 Kentucky 429 highway spending for administration, en- thane 4.21 gineering, research, and planning. This Nebraska 4.01 1986 comparison (FHWA's "Highway Statis- Mississippi . 3.87 Pennsylvania, - 3.64 tics 1986," page 74) showed that the Col- COLORADO miii 3.83 orado Department of Highways ranked al- Louisiana 3.46 most last---47th out of 50 states--for Arkansas 303 Rhode Island 2.37 these types of expenditures. 1 • DEPARTMENT RECEIVES NATIONAL AWARDS Upon completion of this project, approxi- mately 34 miles of I-25 will have been The Colorado Department of Highways re- reconstructed with concrete pavement. ceived two of the 24 "Excellence in De- The use of concrete is expected to pro • - sign" awards made biennially by the Fed- vide travelers with many years of nearly eral Highway Administration. maintenance-free operation. The East Riverside Snow Shed south of • Another important project is the 47th Ouray on Route 550, constructed to pro- Street Overpass. This is the last seg- tect travelers from snowslides, placed ment to be completed on the Foothills second in the Highway Support Facilities Parkway (S.H. 157). Category. 1'a the 2 1/2 years since it was built, the snowshed has protected Included in this $2,195,700 project are motorists from 10 potentially tragic ava- the bridge and approaches of 47th Street lanches. over southwest bound S.H. 119. The Foot- hills Parkway connects S.H. 119, the Judges also awarded an Honorable Mention Longmont/Boulder Diagonal to S.H. 36, the in the category of Major Highway Struc- Boulder Turnpike. tures to the, and to Figg and Muller Engineers, Inc. for the bridges Advertisement for the project is antici- built on Interstate 70 through Glenwood pated to be in early June, with construe- Canyon. The exceptional design preserved tion beginning in mid-July and completion the scenic beauty of the canyon. approximately four months later. Two projects on C--470 are scheduled for CONSTRUCTION SEASON FULL STEAM AHEAD advertisement on May 5th. These projects include the construction of the Quincy Spring means construction- season-in- Cola- Ave_--bridge over C-470 and. the .Belleview rado, and the Department?of Highways has Ave. bridges on C-470. Construction will several major projects lined up to repair extend through the Fall of 1989. roads damaged by heavy use and the harsh winter weather. Two more projects on C-470 are scheduled for advertisement in October. Upon corn- ' On April 28, the Department advertised pletion of these projects, C-470 will be ' the Prospect Interchange-North project open to traffic from I-70 to I-25. near Fort Collins. This $10. 7 million project will completely reconstruct 5.5 On May 12, the Department of Highways miles of Interstate 25 that was original- will open bids for a project on 1-70 ly constructed in 1966. through Glenwood Canyon. The project will extend through two con- This project consists of construction of struction seasons, with mainline inter- the westbound bridge over the Shoshone state traffic detoured during the late power plant; construction of the west- summer and early fall this year, and bound on-ramp leading from the power again in the Spring cf 1989. Detours plant (thus completing the power plant will be limited to the minimum amount of interchange); and completion of the west- time necessary for construction. bound roadway west of the power plant. The Department has worked closely with When this project is finished, four lanes ' the City of Fort Collins and Colorado of 1-70 through Glenwood Canyon will be • State University in developing project completed from just east of the bridge at features that will mutually benefit all the Shoshone plant to Glenwood Springs, a parties. distance of approximately seven miles. SAFETY LEGISLATION SAVING LIVES of DWAI--Driving With Ability Impaired. In 1981, 425 people were killed in By lowering the BAC level for per se to alcohol-related crashes in Colorado--the .10, Colorado joins the majority of the highest number in the state's history. states. Presently, 42 states have "per Citizens and State Legislators alike de- se" laws, with 36 setting the BAC level manded that action be taken. As a re- at .10. Only four states are higher than suit, tougher drunken driving laws were .10 and two states are at .08. passed in 1982 and 1983 and alcohol- related fatalities have been dropping With this change in Colorado law, effec- ever since. Last year, 245 people died tive July 1, 1988, it is estimated that in alcohol-related crashes, a 42'A de- an additional 7,500 drunken drivers will crease compared to 1981. have their licenses taken away annually. Of the alcohol-related fatal crashes that In addition to increasing the fines and occur in Colorado, 20 percent involve penalties for driving under the influence drivers with a BAC between .10 and .15. (DUI) , the Legislature also created the Law Enforcement Assistance Fund (LEAF) in Not all highway safety legislation in- 1982. This fund raises $1.7 million an- volves drunken drivers. The state's nually, with the money earmarked to com- safety belt law also is having a positive bat drunken driving. By law, 80 percent effect. of the fund goes directly to police de- partments and sheriff's offices to in- Since the safety belt law went into ef- crease the level of DUI enforcement, with feet on July 1, 1987, belt usage has 20 percent reserved for education activi- nearly tripled. Observational surveys ties. now find around half of the motorists are buckling up, compared to only 18 percent The enforcement monies are administered - before the law went into effect. by the Highway Department's Division of Highway Safety, while the education During the first nine months the safety grants are administered by the Alcohol belt law was in effect, motor vehicle and Drug Abuse Division of the Health occupant deaths have gone down approxi- Department. No tax dollars are used in mately five percent. During the same LEAF; it is funded entirely by fees col- period of time, other types of fatali- lected from convicted drunken drivers. ties--motorcyclist, bicyclist and pedes- trian--increased 22 percent! While considered among the toughest in the nation, Colorado's DUI laws occasion- Of course, legislation isn't the only way ally need fine tuning. For example, at to reduce highway deaths and injuries. the current session of the General Assem- Education, enforcement and engineering bly, a bill was passed lowering the blood also play important roles. But it is alcohol content (BAC) for a "per se" DUI clear that effective traffic safety laws offense from .15 to .10. have helped save hundreds of lives in Colorado. Under a per se law, drunken drivers auto- matically lose their licenses if their BAC is above the specified level. This UPCOMING EVENTS... assures that such offenders actually have their licenses taken away for a period of May 15-21 National Transportation Week time, which is considered to be one of the most effective deterrents. Without a May 19-20 Highway Commission Spring "per se" provision in the law, the major- Road Trip--Denver Metro area ity of those arrested for drunken driving manage to keep their licenses by success- May 24 General Assembly scheduled fully pleading down to the lesser offense to adjourn sine die USEFUL HIGHWAY DATA • Total Construction expenditures contracted out by the Department of Highways to the private sector in 1986-87 were $267,278,279; or 80.6% of the total construction expendi- tures for the year. • Total Maintenance and Operations expenditures contracted out were $43,326,530; or 37.5% of total H&O expenditures for the year. • The motor fuel tax is the primary source of state revenue for highway construction and maintenance- From 1969 to 1981 there were no fuel tax increases in Colorado; the rate remained at seven cents per gallon. During this period, Colorado's population increased, by 43 percent; motor vehicle registrations by 88 percent; the statewide labor force by 111 percent; and vehicle miles traveled on the state highway system by 84 percent- Ironically, during these years of high inflation and increasing demand on the system, the fuel efficiency of automobiles also increased. The impact of inflation on the De- partment of Highways was a reduction in buying power of construction dollars. In fact, even with the motor fuel tax increases in 1981, 1983, and 1986, the Department spends less now than it did in 1970. The contents of this newsletter are not copyrighted and may be reprinted freely. Where appropriate, please credit the Department of Highways. 'Ili 1r gat ape . -- — w st el 1 J.1J o •c ,� -_‘...1 "a monthly newsletter highlighting significant igII tr Id t Mats?•82 ' s DEPARTMENT OF HIGHWAYS f,�3; a _P"i�� z 0 d 4201 East Arkansas Ave. a.t _ r Cpt4• •' • Denver.Colorado 80222 """-- - o ^ia� ` (303)757-9011 Weld County Commission 915 10th St . , Box 758 Greeley, CO 80632 - 1 STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS �o-0 OFFICE OF THE EXECUTIVE DIRECTOR ° . 7373 Sherman Street, Rm_518 t r 177 ;$ _3e1, T (�'� $r Denver,Colorado 80203 - "�' - , *.r " Phone(303) 866-2771 May 13, 1988 MAY 1 819;: Roy Romer • Governor "r Timothy W. Schultz GRSCLEY. COW. Executive Director The Honorable Gene R. Brantner Chairman, Weld County Board of Coammissioners 915 10th Street_ Greeley, CO 80632 RE: CDBG #88-904 - Weld County Housing Rehab Pear Commissioner Brantner: It is my pleasure to offer a Community Development Block Grant (CDBG) award in the amount of $230,000 to Weld County for the rehabilitation and replacement of homes in the Galeton community occupied by low and moderate income owners. A portion of the funds may be used for connection costs related to development of the proposed community sewer system. To initiate contracting procedures, please contact Vickie Kendrick at 866-2033. As you know, no funds ds are Obligated by the State until a grant contract has been executed. No expenses incurred before the contract is fully executed by all parties will be reimbursed by the State. As you also know, federal regulations prohibit loral grantees from obligating funds or incurring costs for project activities until a formal release of funds process has been properly followed by the grantee and approved by • the State_ This release of funds process is related to a thorough review I of passible environmental impacts of proposed project activities. We will conduct CDBG project management training this month for grantees undertaking housing projects and public facilities/construction projects. Thetraining sessions will be at the Colorado History Museum, 1300 Broadway, Denver, in the meeting rooms identified in the enclosed agenda. The housing project training will be conducted on Thursday, May 26 and Friday. May 27c The public facilities/construction project training will be held on Thursday, May 26. If you have any questions about who should attend, please rail Ms. Kendrick. *Original application sent to the Dept. of Local Affairs on Board Resolution date 2/10/88. HA0002 . cite Page 2 May 13, 1988 We appreciate your cooperation in our review of yrs application, including the presentation at the CDBG Advisory Committee hearings. We are now looking forward to working with ycn in undertaking and successfully completing your project. i S. tz Executive D. r cc: Senator Tom Norton Representative Richard Bond` Vickie Kendrick Don Sandoval James Sheehan Attachment AGENDA 1988 CDBG PROJECT MANAGEMEMTPAINDIGMMSIDIP Thursday and Friday, May 26 & 27, 1988 Colorado History Museum 1300 Broadway Denver, Colorado PUBLIC FACILSTIES/XNS1B3CTIQN HWSING REIThBIItTAT'I0N (Classroom "C") (Classroom "E") Thursday. May 26 Thursday, May 26 9:00-9:30 Registration 9:00-9:45 Registration 9:30-10:00 Introduction 9:45-10:00 Introduction Project Start-Up and Project Close-Cut 10:00-11:00 Environmental (Bill Ti* yer) (Charlie Unsaid) d) 10:00-11:00 Financial Management 12:00-11:15 freak (Bonnie Kugler) 11:15-12:25 Finarcial Management 11:00-11:15 Break (Bonnie !cagier) 11:15-12:15 Environmental 12:15-1:30 Lunch (on your own) (Charlie Utiseld) 1:30-1:45 labor Standards 12:15-1:30 . Lunch (on your awn) (Rill Vesbeten) 1:30-1:45 Civil Rights 1:45-2:00 Project Start-Up (Bill Tierer) (Ri 11 Timnexmeyer) 1:45-2:30 labor Standards 2:00-2:15 Civil Rights (Bill Verbeten) (Rill Timmerreyer) 2:30-2:45 Property Aoluisition/ 2:15-2:30 Project Close-Out Relocation 0:6 11 Timmenne Ter) (Daniel 7[)pez) 2:30-4:30 Housing Rehabilitation 2:45-4:00 Public Facilities/ (Div. of Housing staff) Construction (Financial Services & Friday. May 27 Field Services staffs) 9:00-12:00 Housing Rehabilitation & _ Alternative Relocation (Div. of Housing staff) BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO tit 9 • IN THE MATTER OF THE APPLICATION OF ) THE BOARD OF COUNTY COMMISSIONERS OF ) APPLICATION NO. 38935 THE COUNTY OF WELD STATE OF COLORADO. ) ENTRY OF APPEARANCE FOR THE AUTHORITY TO INSTALL SIGNALS ) AND AT THE CROSSING OF THE UNITY PACIFIC ) NOTICE OF INTERVENTION RAILROAD LINE ID NO. 804-375K AT WELD ) COUNTY ROAD 16 IN WELD COUNTY. ) TO THE PARTIES IN THIS MATTER AND ALL INTERESTED PERSONS, FIRMS OR CORPORATIONS: You are notified that the staff of the Commission hereby enters its appearance and intervention in the above captioned application. By this intervention the Staff of the Commission does not oppose or contest the granting of this application, but rather indicates to the parties and all interested persons, firms or corporations that staff will participate in any hearing which results from an intervention contesting or objecting to any portion of this application. If no other interventions are filed or if no other petitions seeking interventions are granted, other than interventions in support, so that this application is noncontested or unopposed, the staff will then participate to the extent necessary to insure that the Commission file in this proceeding is complete and accurate. Service upon staff as required by Rule 9(6)(2) , of the Commission's Rules of Practice and Procedure, may be made by serving documents on John H. Baler of the Commission{Staff. Dated at Denver, Colorado. this, (` day of May 1988. FOR THE STAFF OF THE COMMISSION '''‘lam\rf s P. Spi rs, Esq. Executive S4cretary Public Utilities Commission Logan Tower, Office Level 2 1580 Logan Street Denver, CO 80203 (303) 894-2024 2987B:nej CERTIFICATE OF MAILING I hereby certify that I mailed a true and correct copy of the forgoing ENTRY OF APPEARANCE AND NOTICE OF INTERVENTION OF THE STAFF OF THE COMMISSION in the U.S. mail , postage prepaid, this 17th day of May 1988, addressed as follows: ',17441 -7 t l e..,Gy,:r, Aiancy E. Jenkins Timothy J. Harris, Agreements Engineer L. D. Smith, Superintendent Colorado Department of Highways Wyoming Division 4201 E. Arkansas Union Pacific Railroad Cmpany Denver, CO 80222 121 W. 15th St. Cheyenne, WY 82001 Cliff Shoemaker, Crossings Engineer Union Pacific Railroad Canpany The Honorable Donald Cummins 1416 Dodge St. Mayor of Fort Lupton Omaha, NE 68179 Box 148 Ft. Lupton, CO 80621 John J. Mullins, Esq. Agent S Attorney for Jacqueline Johnson, Chr. Union Pacific Railroad Company Weld County Commissioners GORSUCH, KIRGIS, CAMPBELL, Box 758, 91S 10th St. WALKER & GROPER Greeley, CO 80632 P.O. Box 17180 Denver, CO 80217 Themes 0. David, Esq. Attorney for Weld County Leonard McCain, Esq. Box 758, 915 10th St. Attorney for Fort Lupton Greeley, CO 80632 Box 148 Ft. Lupton, CO 80621 Lupton North, Inc. 5305 West 86th Avenue R S R Hot Shot Service, Inc. Arvada, CO 8003 9270 Quitman Street Westminster, CO 80030 A b W Water Service, Inc. 1892 Denver Avenue Cummings Implement of Fort Lupton, Inc. Fort Lupton, CO 80621 P.O. Box 227 Fort Lupton, CO 80621 *38935 2987B:nej an.es rskr; cl e N-oe . 5eree cAM straletc- 1rr tic C II$TRICT (MUM', CITY AND COUNTY OF DENVER, COLORADO Case No. 86CV14054, Courtroom 21 SUBPOENA THE PEOPLE OF THE STATE OF COLORADO: TO: C.W. Kirby Weld County Commissioner Board of County Commissioners of Weld County 915 10th Street Greeley, CO 80631 You are ordered to attend and give testimony in the Dis- trict Court of Denver County at 1437 Bannock 'Street, Denver, Col- orado, Courtroom 21 at 8:30 a.m. on May 23, 1988, as a witness for the State of Colorado, et al. , defendants in an action between the Board of County Commissioners of Adams County, plain- tiff and the State of Colorado et al. , defendants. DATE: May 16, 1988. CLERK/DEPUTY TE E CE A. GILLESPI 9579~— Assistant Attorney General Human Resources Section Attorneys for Defendants 1525 Sherman Street, 3d Floor Denver, Colorado 80203 Telephone: 866-5219 AG Alpha No. CO AA HBEJK AG File No. CHR8802376/19CW 0O Ch Otto `.l^7 n)g� 177;7 3-2,;7117 ,Rtvt --i r21 tti +t7 MAY 1 819 azEt.a r aoi o. 0* . ANNEXATION IMPACT REPORT YIELD COUNTY ROAD ANNEXATIONS 1, 2, 3, 4 AND WILMAR ANNEXATION MAY 16, 1988 Prepared for: City of Dacono 512 Cherry Street Dacono, Colorado 80514 Prepared by: Rocky Mountain Consultants, Inc. 1960 Industrial Circle, Suite A Longmont, Colorado 80501 523 88 TABLE OF LDNTENTS Page I. Project Description 1 II. Municipal Services 1 III. Special Districts 2 IV. School District Impact 2 V. Exhibits 2 A. Existing Conditions Map B. Proposed Land Use Map C. Preliminary Plat - Wilmar Subdivision D. Final Plat - Wilmar Subdivision i I. PROJECT DESCRIPTION The proposed Weld County Road Annexations and the Wilmar Annexation are shown on the attached map - Exhibit B. The area to be annexed. includes 6.90 acres of existing Weld County Road 12 right-of-way and 78.95 acres of land currently zoned I-3. In conjunction with the proposed annexations, the zoning will change from Weld County I-3 zoning to City of Dacono I-1 zoning. II. MUNICIPAL SERVICES Municipal services for the Wilmar Annexation will be provided in the following manner. Electricity Union Rural Electric Association Natural Gas Rocky Mountain Natural Gas Telephone Mountain Bell Water Central Weld County Water District Sewer On site septic systems until such time as service becomes available from a Sanitation District Fire The site is currently served by the Longmont Fire Protection District, the applicant intends to pursue inclusion in the Dacono Fire Protection District once annexation is complete. Police Dacono Police Department Financing the municipal services within the area to be annexed is addressed in an annexation agreement between the applicant and the City of Dacono. The annexation agreement is currently under negotiation and is not available at this time. 1 III. Special Districts The area to be annexed is included within the following special districts: Central Weld County Water District Northern Colorado Water Conservancy District St. Vrain Valley School District RE-13 Tri-area Ambulance District Carbon Valley Recreation District Longmont Fire Protection District IV. School District Impact As an industrial subdivision, it is not anticipated that the annexation will affect the local public school district system. V. Exhibits A. Existing conditions Map B. Proposed land use Map C. Preliminary Plat - Wilmar Subdivision D. Final Plat - Wilmar Subdivision WP\WILMAR.PRO • \\N rett-ST. D WA,rs.nt c T,dm Z5 ------\t t a� .b o II o fl,iz -3:- N.........„ � r ,i 1..... t 1 s 2 C T. P Pit R � C- 3 -(% g ill I A r ti ni: I ! ----r\.. at k-k ill 13 ---------..-• L ° t ''IEX. 2" Wk. I. WELD II - - 1 ) wIL C - tr C . V • ) 5 - lk ? 7 1 hr < 1 1 m a <II 1Le., a i 5 .. I ct g ti F I I n r I trudST4'1W/U a� d � I Q s . 6:ict---• q § ..t)W .-ti P g � d i ! 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H ', 4._...._______=,......______,„_________ — a ;9, Is. 10{111!+1! it tr • e ft , - • Go RESOLUTION NO. 156(-- WHEREAS, petitions for annexation of certain properties have been filed with the City Council of the City of Dacono; and WHEREAS, the City Council has reviewed the petitions;. and WHEREAS, the City Council wishes to permit simultaneous consideration of the subject properties for annexation and for zoning, if requested in the petition; and WHEREAS, the City Council has reviewed the petitions and desires to adopt by Resolution its findings in regard to the petitions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DACONO, COLORADO, as follows: 1. The petitions, whose legal descriptions are attached hereto as Exhibit A and incorporated by reference herein, are in substantial compliance with the applicable laws of the State of Colorado. 2. No election is required under 531-12-107(2) , C.R.S. 3. No additional terms and conditions are to be imposed except those provided for in the petitions. 4. On November 10, 1987, the Dacono Planning Commission met and recommended that the City Council approve the proposed annexations and approve the industrial (I-1) zoning requested in the Wilmer petition. 5. The City Council will hold a public hearing for the purpose of determining if the proposed annexations comply with 531-12-104, C.R.S. and with 531-12--105, C.R.S. and will hold a public hearing to determine the appropriate zoning of the subject properties if requested in the petition, at the Dacono City Hall, 512 Cherry Street, Dacono, Colorado 80514, at the following time and date: (amk i 3 . 19%V 1ian -1- 6. Any person may appear at such hearing and present evidence relative to the proposed annexations or the proposed zoning. 7. Upon completion of the hearing, the City Council shall set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexations, and whether the statutory requirements for the proposed annexations have been met, and further, will determine the appropriate zoning of the subject properties if requested in the petition. 8. If the City Council concludes, by resolution, that all statutory requirements have been met and that the proposed annexations are proper under the laws of the State of Colorado, the City Council shall pass one or more ordinances annexing the subject properties to the City of Dacono, and shall pass one or more ordinances zoning the subject properties if requested in the petition. INTRODUCED, READ, SIGNED AND APPROVED this ?_ day of h pn, Q , 1988. CITY OF DACONO, COLORADO By „J. C`�• �.�y ayor ATTEST: • attar C1t Cler 20/39 _2_ NOTICE OP PUBLIC BEARING Notice is hereby given that the City Council of the City of Dacono will hold a Public Hearing commencing at -71(7,() o'clock p.m. , June ,$ , 1988, at the Dacono City Hall, 512 Cherry, Dacono, Colorado 80514. The purpose of the Public Hearing will be to determine whether certain properties for which annexation petitions have _ been filed meet the applicable requirements of the statutes of the State of Colorado and are eligible for annexation to the City of Dacono. The legal description for each petition is attached hereto as Exhibit A and incorporated by reference herein. Any person may appear at the Public Hearing and be heard regarding the matters under consideration. Copies of the petitions and the resolution finding that the petitions are in substantial compliance with the applicable laws of the State of Colorado are on file and available for public inspection in the office of the City Clerk of the City of Dacono, at the Dacono City Hall, 512 Cherry Street, Dacono, Colorado 80514. Dated this 25 ' day of /41), I , 1988. CITY OF DACONO, COLORADO BY: 1 t Clernrr l Cit Cler Publication Dates: Mctcjt4 4 M4 ci (1 , "1' 't II a� Miry 7.6, 1988. 20/39 -1_ r RESOLUTION NO. 88-14 met and recommended that the WHEREAS, petitions for annex- City Council approve tits pro- anion at certain properties have posed annexations and approve been filed with the city Council of the Industrial (1-1) zoning re- - the City of Decent and quested in the Wilmer petition. WHEREAS, the City Council S. The City Council wilt hold a has reviewed-the petitions: and public hearing for the purpose of WHEREAS, the City Council determining if the proposed an- wishes to permit simultaneous muttons comply with Section consideration of the subject prop- 31-12-104, C-R.S. and with See- 3. if the City Council con- erUss for annexation and for ion- tion 31-12-105, C.R.S. and will dudes. by rnoptdon, out an atat- Ing, if requested in the petition; hold a public hearing to deter- utory requirements have been and mine the appropriate zoning of WHEREAS, the City Council the subject properties If request• inlet and that �� arenex- has reviewed the petitions and ed In the petition, at the Dimon!" Wool Sta proper under the laws desires to adopt by Resolution its City Hag, 512 Cherry Street, Da- ofCou the State l pass ono the City . findings in regard to the pall-„ cono, Colorado 80514, at the tol- ordinancciles shall one or more e dons; lowing tint and date: proordinances snoozing the subject NOW, THEREFORE, BE IT RE- Jtme 13, 1888: 7:30 p.m. ' and shell to the qty of Dacono, BY THE CITY COUNCIL 6. Any person may appear at and ate t one or more ordi- nances THE CITY OF DACONO, COL- such hearing and present evi- ernes I zoning the subject thepprop- OF ORADO, as follows: . donee relative to the proposed ernes i INTRODUCED, ht the peGNon, 1. The petitions, whose legti annexations or the proposed ion- • READ, SIGNED descriptions are attached hereto big. AND APPROVED this 25th Gay of as Exhibit A and incorporated by 7. Upon completion of the April, 1888 reference herein, are in aubatsn- heating, the City Council shall set - Hal compliance with the appilea- forth, by resolution, Its findings COLORADO OF DACONO, ble laws of the State of Colorado. and conclusions with reference to 2. No election is required un- the eligibility of the proposed an- da aton r Se 31-12-107(2). CAS • oblations, nt and whether the au- _BY: is/James N. Hodge Sr.' :..3. No additional arms and con- tory requlrsmeMs for the pro- MAYOR diking ere to be imposed except posed annexations have been __ those provided for In the pelt- met, and further, will determine ATTEST: tians the appropriate zoning of the sub- CITY Elliott 4. On November 10, 1887, the ject properties If requested in theNancy' LERK Baton* Planning Commission motion. Published in the Fanner and Min- er. May 4, 11. 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N w . co _ r e e rr .. a C IN • p' w p N W S n a A p i w g 2 „ ; p . • N n G V g S L 2 8 O p a &= r i 3 N N h • '; C lilias i Git .. o a s �i2Ew3 = oo 3 i — a a a • em .n 8i¢ Q S 4.4 28m o * $ n ► cTo :¢ a ,-3 •-'S N 'Is Writ ger1e$Li8islata$i# 73 � 3 $ ;:it Ea5 ' � zus N N -rstclivoo f + n a 257u - -s _ u Ad a5 aaecl ! s 5 o z .."Mf f I ! `a . i o-8 4 e1 = Eee c 3 _ E c sx ai 3 . 8a : E €ro Pf; lae 1 a • Wit a It . s ej ROW WELD COUNTY ROM) 12 ANNEXATION NO. 1 PETITION FOR ANNEXATION TO: THE CITY COUNCIL OF THE CITY OF DACONO, COLORADO: We, the undersigned landowners, in accordance with Colorado law, hereby petition the City of Dacono and its City Council for annexation to the City of Dacono of the following described unincorporated territory located in the County of Weld and State of Colorado, to-wit: (See legal description in Exhibit A, attached hereto and incorporated herein by this reference. ) As part of this petition, your petitioners further state to the City Council of Dacono, Colorado, that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the City of Dacono. 2. The requirements of sections 31-12-104 and 31-12-105, 12B C.R.S. , as amended, exist or have been met in that: a.. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous- with the City of Dacono or will be contiguous-with the City of Dacono within such time as required by 31-12-104; b. A community of interest exists between the • area proposed to be annexed and the City of Dacono; c. The area proposed to be annexed is urban or will be ' urbanized in the near future; d. The area proposed to be annexed is integrated with or is capable of being integrated with the City of Bacono. e. No land within the boundary of the territory proposed to be annexed which is held in identical -1- 12/9/87 ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not-have the effect of extending the boundary of the City of Dacono more than three miles in any direction from any point of the boundary of the City of Dacono in any one year. j . The area proposed to be annexed does not exceed ten acres in total area. k. Prior to completion of the annexation of the' territory proposed to be annexed, the City of Dacono will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, -2- 12/9/87 grounds, open spaces, public utilities, and terminals for water, light, sanitation, transporta- tion, and power to be provided by the City of Dacono; and the proposed land uses for the area; such plan to be updated at least once annually. 1 . In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The City of Dacono will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the City of Dacono but is not bounded on both sides by the City of Dacono. 7. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory_ 8. Accompanying this petition are four copies of an annexation map containing the information following: a . A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary or the area proposed to be annexed, said map prepared and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City of Dacono and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 9. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become -3- 12/9/87 10. The zoning classification requested for the area proposed to be annexed is Wherefore, the following petitioners respectfully request that the City of Dacono, acting through its City Council, approve the annexation of the area proposed to be annexed: O .• +) N Cl 44 •0 34 -4' ' )4ux CC ° CC - a .1 0 0 r-1 >. C1A . CAC 3 t; J 1 I _ -t '4 O a C w +t 'a tll 4=- S z00C000D. Cui 7 X .C C.94+t 1+.C-'t C-•t `) 'o -B O r4 0•.t {) +) t. .-4 .C CI CI 0 +u) c +4) 0rod .c >t W ' . I :) W 0 C) 0 a A C 0 4 'O 1. Z -404 O ' O t4C4 +) ^00 • >Ot 1.4044VX O C C0 tit C0 N 04.COC >t 04 Z 04 a at 4`-' , 1 0 0 O .C a C) L .t .) V W 4 0 0 00 t....-- V itt O V O • 410+ u)� 0 14 0Xx 0.• 4) n4 ; W Co • la t ••0-. 4440 .j 0.1• � 0447 14 c 4i 0 >4 0 0 4\ 1+ 1+ 40 0 `C o C 1700 0 C C +t X14 - 4W 0 zoo. • as C 1 -.t4 C C at to -'t M EP • C 0 O O 4 a• W lot as es 114 0 Ca CI 044 C d 3 Cr r Jai .44 tX It• Ct C (}to y � as o.• Cv — .t 4 4 att t9 to Ao. a V) • AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) ss COUNTY OF , being first duly sworn upon oath, deposes and says that (he or she) was the circulator of this Petition for Annexation of lands to the City of Dacono, Colorado, consisting of [ ] pages including this page and that each signature hereon was witnessed by your a£fiant and is the signature of the person whose name it purports to be. Circulator Subscribed and sworn to before me this day of 198 by Witness my hand and official seal. My Commission Expires: • Notary Public Address Phone (SEAL) 20/19 -6- EXHIBIT A WELD COUNTY ROAD 12 ANNEXATION N0. 1 That tract of land situated in the South half of Section 1 and the North half of Section 12, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado being more particularly described as follows: Commencing at the Northeast corner of Section 12; thence along the North line of the Northeast quarter of said Section 12, South 89°59'20" West 1601.73 feet to a point on the Easterly Right-of-Way line of the Union Pacific Railroad and the Point of Beginning; thence along said Easterly Right-of-Way line South 18°29'20" West 31.64 feet to a point on the South Right-of-Way line of Weld County Road No. 12; thence along said Right-of-Way line South 89°59'20" West 1.00 feet; thence North 18°29'20" East 1.00 feet; thence South 89°59'20° West 117.40 feet; thence North 00°00'40" West 58.10 feet; thence North 89°59'20" East 136.85 feet; thence North 18°29'20" East 1.00 feet to a point on the North Right-of-Way line of said County Road No. 12; thence along said Right-of-Way line Norti' 89°59'20" East 1.00 feet to a point on the said Easterly Right-of-Way line of the Union Pacific Railroad; thence along said Right-of--Way line South 18°29'20" West 31.63 feet to the Point of Beginning, containing 0.171 acres more or less. WELD COUNTY ROAD 12 ANNEXATION NO. 2 That tract of land situated in the South half of Section 1 and the North half of Section 12, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at a point on the North line of the Northeast quarter of said Section 12 whence the Northeast section corner thereof bears North 89°59'20" East 1729.85 feet; thence South 00°00'40° East 29.05 feet; thence North 89°59'20" East 117.40 feet; thence South 18°29'20" West 1.00 feet to a point on the South' Right-of-Way line of Weld County Road No. 12; thence along said Right-of-Way line South 89°59'20" West 125.00 feet; thence North 00°00'40" West 1.00 .feet; thence South 89°59'20" West 620.83 feet; thence North 00°00`40° West 58.00 feet; thence North 89°59'20° East 620.83 feet; thence North 00°00'40" West 1.00 feet to a point on the North Right-of-Way line of said County Road No. 12; thence along said Right-of-Way line North 89°59'20" East 145.08 feet; thence South 18°29'20" West 1.00 feet; thence South 89`59'20' West 136.85 feet; thence South 00°00'40" East 29.05 feet to the Point of Beginning containing 0.843 acres more or less. EXHIBIT A - CONTINUED WELD COUNTY ROAD 12 ANNEXATION NO. 3 That tract of land situated in the South half of Section 1 and the North half of Section 12, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Commencing at the Northeast corner of said Section 12; thence along the North line of the Northeast quarter of said Section 12, South 89°59'20" West 2358.60 feet to the Point of Beginning whence the North quarter corner thereof bears South 89°59'20" West 309.86 feet; thence South 00°00'40" East 29.00 feet; thence North 89°59'20" East 620.83 feet; thence South 00°00'40" East 1.00 feet to a point on the South Right-of-Way line of Weld County Road No. 12; thence along said Right-of-Way line South 89°59'20" West 625.83 feet; thence North 00°00'40" West 2.00 feet; thence South 89°59'20" West 304.74 feet; thence South 89°27'15" West 2289.86 feet; thence North 00°32'45" West 56.00 feet; thence North 89°27'15" East 2290.14 feet; thence North 89°59'20" East 304.58 feet; thence North 00°00'40" West 2.00 feet to a point on the North Right-of-Way line of said County Road No. 12; thence along said Right-of-Way line North 89°59'20" East 625.83 feet; thence South 00°00=40" East 1.00 feet; thence South 89°59'20" West 620.83 feet; thence South 00°00'40" East 29.00 feet to the Point of Beginning containing 3.371 acres more or less: WELD COUNTY ROAD 12 ANNEXATION NO. 4 That tract of land situated in the South half of Section 1, the North half of Section 12, the Northeast quarter of Section 11 and the Southeast quarter of Section 2, all in Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Commencing at the North quarter corner of said Section 12; thence along the North line of the Northwest quarter of said Section 12, South 89°27'15" West 2290.00 feet to the Point of ,Beginning whence the-Northeast corner of said Section 11 bears South 89°27'15" West 307.54 feet; thence South 00°32'45" East 28.00 feet; thence North 89°27'15" East 2289.36 feet; thence-North 89°59'20" East 304.74 feet; thence South 00°00'40" East 2.00 feet to a point on the South Right-of-Way line of Weld County Road No. 12; thence along said Right-of-Way line the following three (3) courses: South 89°59'20° West 304.73 feet; South 89°27'15" West 2597.58 feet; South 88°53'28" West 50.01 feet; EXHIBIT A - CONTINUED thence North 00°11'15" West 30.00 feet to a point on the North line of the Northeast quarter of said Section 11 whence the Northeast Section corner thereof bears North 88°53'28" East 50.01 feet; thence South 88°53'28" West 2585.37 feet to the North quarter corner of said Section 11; thence North 01°06'32" West 30.00 feet to a point on the North Right-of-Way line of said County Road No. 12; thence along said Right-of-Way line the following three (3) courses: North 88°53'28" East 2635.86 feet; North 89°27'15" East 2597.50 feet; North 89°59'20" East 304.99 feet; thence South 00°00'40" East 2.00 feet; thence South 89°59'20" West 304.98 feet; thence South 89°27'15" West 2290.14 feet; thence South 00°32'45" East 28.00 feet to the Point of Beginning containing 2.512 actes more or less. WILMAR ANNEXATION Part of the North one-half of the Northeast one-quarter of Section 11, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at the North one-quarter corner of said Section 11; thence North 88°53'28" East 2585.37 feet along the North line of the Northeast one-quarter of Section 11, whence the Northeast section corner thereof bears North 88°53'28" East 50.01 feet; thence departing said North line South 00°11'15" East 1331.40 feet to a point on the South line of the North one-half of the Northeast one- quarter.of Section 11; thence along said South line South 88°52'49" West 2580.48 feet to the North center one-sixteenth corner of Section 11; thence North 00°23'54" West 1331.82 feet to the Point of Beginning, containing 78.951 acres more or less. ROw WELD COUNTY ROAD 12 ANNEXATION NO. 2 PETITION FOR ANNEXATION TO: THE CITY COUNCIL OF THE CITY OF DACONO, COLORADO: We, the undersigned landowners, in accordance with Colorado law, hereby petition the City of Dacono and its City Council for annexation to the City of Dacono of the following described unincorporated territory located in the County of Weld and State of Colorado, to-wit: ..(See legal description in Exhibit A, attached hereto and incorporated herein by this reference. ) As part of this petition, your petitioners further state to the City Council of Dacono, Colorado, that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the City of Dacono. 2. The requirements of sections 31-12-104 and 31-12-105, 12B C.R.S. , as amended, exist or have been met in that: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Dacono or will be contiguous with the City of Dacono within such time as required by 31-12-104; b. A community of interest exists between the area proposed to be annexed and the City of Dacono; c. The area proposed to be annexed is urban or will be ' urbanized in the near future; d. The area proposed to be annexed is integrated with or is capable of being integrated with the City of Dacono. e. No land within the boundary of the territory proposed- to be annexed which is held in identical -1- 1219187 ' E ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such -tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. • g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territoryproposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the City of Dacono more than three miles in any direction from any point of the boundary of the City of Dacono in any one year. j . The area proposed to be annexed does not exceed ten acres in total area. k. Prior to completion of the annexation of the- territory proposed to be annexed, the City of Dacono will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, -2- 12/9/87 grounds, open spaces, public utilities, and terminals for water, light, sanitation, transporta- tion, and power to be provided by the City of Dacono; and the proposed land uses for the area; such plan to be updated at least once annually. 1 . In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The City of Dacono will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the City of Dacono but is not bounded on both sides by the City of Dacono. 7. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 8. Accompanying this petition are four copies of an annexation map containing the information following: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary or the area proposed to be annexed, said map prepared and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City of Dacono and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 9. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become -3- 12/9/87 10. The zoning classification requested for the area proposed to be annexed is Wherefore, the following petitioners respectfully request that the City of Dacono, acting through its City Council, approve the annexation of the area proposed to be annexed: os U w'a u y. • o4 S•4 "IA � 4 CcCL .6 ✓ rJ04) ?. Oa1C3t t O• 44 44 It O R 0/34 x-.1 O•0 Q. • 'O O4 CW 4.79.1 Z a • 0040004440 •1 14 C•.t-.1 14 F•.1 q -44 J v -p O a O •'t a) a 34 r-4 .C •t CS C 4.S 'O-.1 N U 4) q o a as C) ai u 0 O "Itt T : 91 73 44 Ai 11-43i..l .c 1 c O k O '0 14 -.404004 0 a -Togo ' 7m CO4-3r011 N 11• 14 40RN 0 < O C C 0 10 K 01 u O 4 .404 )4 ¢ zav aq-- 1 a) O U .C a 0) 4) rt a-1 '0 Gl C w Cl 0 O 0 h O 'O O 'O O q u 000O X 70 0 414 014 O4) ZG3a CO S• .'d 440 Q7 tn 14 C 01 01 14 a) O OW 071 4(4 j) 1a4a•- - N co m\ 1414 • 'oC TS C 14 Q 30 O C 0+43 0 K C -el -.a rt a .44. .41 M a+ qwm :` Oa • • 1 • C 01 cm N .C. O U rt a W j4 as ?� A O 4� M CC Q CY 444 La O Q'. 14 01— 14.• 0 I O r as 3 . c3�w C 'O 4)O• 4 4.C 47 44 VI - maa mcD 4.-N AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) ) ss COUNTY OF - ) , being first duly sworn upon oath, deposes and says that (he or she) was -the circulator of this Petition for Annexation of lands to the City of Dacono, Colorado, consisting of ( 3 pages including this page and that each signature hereon was witnessed by your a£fiant and is the signature of the person whose name it purports to be. Circulator Subscribed and sworn to before me this day of 198` by - Witness my hand and official seal . My Commission Expires: Notary Public Address Phone (SEAL) 20/19 -6- EXHIBIT A WELD COUNTY ROAD 12 ANNEXATION NO. 1 • That tract of land situated in the South half of Section 1 and the North half of Section 12, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado being more particularly described as follows: Comnencing at the Northeast corner of Section :2; thence along the North line of the Northeast quarter of said Section 12, South 89°59'20" West 1601.73 feet to a point on the Easterly Right-of-Way line of the Union Pacific Railroad and the Point of Beginning; thence along said Easterly Right-of-Way line South 18°29'20" West 31.64 feet to a point on the South Right-of-Way line of Weld County Road No. 12; thence along said Right-of-Way line South 89°59'20" West 1.00 feet; thence North 18°29'20" East 1.90 feet; thence South 89°59'20" West 117.40 feet; thence North 00°00'40" West 58.10 feet; thence North 89°59'20" East 136.85 feet; thence North 18°29'20" East 1.00 feet to a point on the North Right-of-Way line of said County Road No. 12; thence along said Right-of-Way line North 89°59'20" East 1.00 feet to a point on the said Easterly Right-of-Way line of the Union Pacific Railroad; thence along said Right-of-Way line South 18°29'20" West 31.63 feet to the Point of Beginning, containing 0.171 acres more or less. WELD COUNTY ROAD 12 ANNEXATION NO. 2 That tract of land situated in the South half of Section 1 and the North half of Section 12, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, being,more particularly described as follows: Beginning at a point on the North line of the Northeast quarter of said Section 12 whence the Northeast section corner thereof bears North 89°59'20" East 1729.85 feet; thence South 00°00'40" East 29.05 feet; thence North 89°59'20" East 117.40 feet; thence South 18°29'20" West 1.00 feet to a point on the South Right-of-Way line of Weld County Road No. 12; thence along said Right-of-Way line South 89°59'20" West 125.00 feet; thence North 00'00'40" West 1.00 feet; thence South 89°59'20" West 620.83 feet; thence North 00°00'40" West 58.00 feet; thence North 89°59'20" East 620.83 feet; thence North 00°00'40" West 1.00 feet to a point on the North Right-of-Way. 1ine :.f said County Road No. 12; thence along said Right-of-Way line North 89°59'20" East 145.08 feet; thence South 18°29'20" West 1.00 feet; thence South 89°59'20" West 136.85 feet; thence South 00°00'40° East 29.05 feet to the Point of Beginning containing 0.843 acres more or less. • EXHIBIT A - CONTINUED WELD COUNTY ROAD 12 ANNEXATION NO. 3 That tract of land- situated in the South half of Section 1 and the North half of Section 12, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Commencing at the Northeast corner of said Section 12; thence along the North line of the Northeast quarter of said Section 12, South 89°59'20" West 2358.60 feet to the Point of Beginning whence the North quarter corner thereof bears South 89°59'20" West 309.86 feet; thence South 00°00'40" East 29.00 feet; thence North 89°59'20" East 620.83 feet; thence South 00°00'40" East 1.00 feet to a point on the South Right-of-Way line of Weld County Road No. 12; thence along said Right-of-Way line South 89°59`20" West 625.83 feet; thence North 00°00'40" West 2.00 feet; thence South 89°59'20" West 304.74 feet; thence South 89°27'15" West 2289.86 feet; thence North 00°32'45" West 56.00 feet; thence North 89°27'15" East 2290.14 feet; thence North 89°59'20" East 304.98 feet; thence North 00°00'40" West 2.00 feet to a point on the North Right-of-Way line of said County Road No. 12; thence along said Right-of-Way line North 89°59'20" East 625.83 feet; thence South 00°00'40" East 1.00 feet; thence South 89°59'20" West 620.83 feet; thence South 00°00'40" East 29.00 feet to the Point of Beginning containing 3.371 acres more or less. WELD COUNTY ROAD 12 ANNEXATION NO. 4 That tract of land situated in the South half of Section 1, the North half of Section 12, the Northeast quarter of Section 11 and the Southeast quarter of. Section 2, all in Township 1 North, Range 68 West of the 6th Principal .Meridian, Weld County, Colorado, being more particularly described as follows: Commencing at the North quarter corner of said Section 12; thence along the North line of the Northwest quarter of said Section 12, South 89°27'15" West 2290.00 feet to the Point of Beginning whence the Northeast corner of said Section 11 bears South 89°27'15" West 307.54 feet; thence South 00°32'45° East 28.00 feet; thence North 89°27'15" East 2289.86 feet; thence North 89°59'20" East 304.74 feet; thence South 00°00'40° East 2.00 feet to a point on the South Right-of-Way line of Weld County Road No.. 12; thence along said Right-of-Way line the following three (3) courses: South 89°59'20' West 304.73 feet; South 89°27'15' West 2597.58 feet; South 88°53'28' West 50.01 feet; EXHIBIT A - CONTINUED thence North 00°11'15" West 30.00 feet to a point on the North line of the Northeast quarter of said Section 11 whence the Northeast Section corner thereof bears North 88°53'28" East 50.01 feet; thence South 88°53'28" West 2585.37 feet to the North quarter corner of said Section 11; thence North 01°06'32" West 30.00 feet to a point on the North Right-of-Way line of said County Road No. 12; thence along said Right-of-Way line the following three (3) courses: North 88°53'28" East 2635.86 feet; North 89°27'15" East 2597.50 feet; North 89°59'20" East 304.99 feet; thence South 00°00'40" East 2.00 feet; thence South 89°59'20" West 304.98 feet; thence South 89°27'15" West 2290.14 feet; thence South 00°32'45" East 28.00 feet to the Point of Beginning containing 2.512 acres more or less. WILMAR ANNEXATION Part of the North one-half of the Northeast one-quarter of Section 11, Township 1 North, Range 68 West of the 6th Principal Meridian; Weld County, Colorado, being more particularly described as follows: Beginning at the North one-quarter corner of said Section 11; thence North 88°53'28" East 2585.37 feet along the North line of the Northeast one-quarter of Section 11, whence the Northeast section corner thereof bears North 88°53'28" East 50.01 feet; thence departing said North line South 00°11'15" East 1331.40 feet to a point on the South line of the North one-half of the Northeast one- quarter of Section 11; thence along said South line South 88°52'49" West 2580.48 feet to the North center one-sixteenth corner of Section 11;" thence North 00°23'54" West 1331.82 feet to the Point of Beginning, containing 78.951 acres more or less. ROW WELD COUNTY ROAD 12 ANNEXATION NO. 3 PETITION FOR ANNEXATION TO: THE CITY COUNCIL OF THE CITY OF DACONO, COLORADO: We, the undersigned landowners, in accordance with Colorado law, hereby petition the City of Dacono and its City Council for annexation to the City of Dacono of the following described unincorporated territory located in the County of Weld and State of Colorado, to-wit: (See legal description in Exhibit A, attached hereto and incorporated herein by this reference. ) As part of this petition, your petitioners further state to the City Council of Dacono, Colorado, that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the City of Dacono. 2. The requirements of sections 31-12-104 and 31-12-105, 12B C.R.S. , as amended, exist or have been met in that: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Dacono or will be contiguous with the City of Dacono within such time as required by 31-12-104; b. A community of interest exists between the area proposed to be annexed and the City of Dacono; c. The area proposed to be annexed is urban or will be ' urbanized in the near future; d. The area proposed to be annexed is integrated with or is capable of being integrated with the City of Dacono. e. No land within the boundary of the territory proposed to be annexed which is held in identical -1- 12/9/87 ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without- the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. q. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the City of Dacono more than three miles in any direction from any point of the boundary of the City of Dacono in any one year. j. The area proposed to be annexed does not exceed ten acres in total area. k. Prior to completion of the annexation of the territory proposed to be annexed, the City of Dacono will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, -2- 12/9/87 grounds, open spaces, public utilities, and terminals for water, light, sanitation, transporta- • tion, and power to be provided by the City of Dacono; and the proposed land uses for the area; such plan to be updated at least once annually. 1 . In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The City of bacono will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the City of Dacono but is not bounded on both sides by the City of Dacono. 7. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 8. Accompanying this petition are four copies of an annexation map containing the information following: a. A written legal 'description of the boundaries of the area proposed to he annexed; b. A map showing the boundary or the area proposed to be annexed, said map prepared and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; d. Next 1_o the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City of Dacono and the contiguous boundary of • any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 9. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become -3- 12/8/87 10. The zoning classification requested for the area proposed to be annexed is wherefore, the following petitioners respectfully request that the City of Dacono, acting through its City Council, approve the annexation of the area proposed to be annexed: • +F aai N C0 w '0 4 4 4 ,C C c C g is •,� a 0OJJ >. 0U+ C3 C-i ;C a .0 4 0 0 O •ti C _ .0 40O N C W i y a y 13- v `; to .C Q1 UC000aCN d - -� A X .C C •.t •.t 4 .C•.t 4 "I -- w 0 L-3 0 -•i as 4 rl .C c .3 4 '0-.i N U J•) J a .- 3 al4) V 0J!-.i 40 0 C) a GJJd .COal .C > N '7$ Cl) '3 4 4 Oa 414 10 va Jaw 0 34• O• P — . .4 0 4 'O 4 .10d0h CN C WJa '04 >440d 'OXO 34 00 0C >t 0 I 0 0 U .C CI Ja '-I Ja 'O f+l C•4 C) 0 O ON roro 0R0 4 000X 34 004'aa3P COO >4 N 0 C •.t �'d 4 4 N f0 01 14 C i C) Ott 1C'J O >t N N al\ • 4 0 'C C 4 < 3 0 O C trots 0 C c •'t t4a r4 -.i al 4 W a1 a. C I -,l 4 C C 0'0 ..t-.t U) ta w O 4 0 W ai a 4 444 a 0 C tz M a o 14> c 0\ t. W• 4 CD ' 0 r- z ' 3 ° 5w CZ CC �R''"4 cn .� a ;z tam .. . i . • AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) ss COUNTY OF ) _, being first duly sworn upon oath, deposes and says that (he or she) was the circulator of this Petition for Annexation of lands to the City of Dacono, Colorado, consisting of ] pages including this page and that each signature hereon was witnessed by your affiant and is the signature of the person whose name it purports to be. Circulator Subscribed and sworn to before me this day of 198 by Witness my hand and official seal. My Commission Expires: Notary Public • Address Phone (SEAL) 20/19 -6- EXHIBIT A WELD COUNTY ROAD 12 ANNEXATION NO. 1 That tract of land situated in the South half of Section 1 and the-North half of Section 12, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado being more particularly described as follows: Commencing at the Northeast corner of Section 12; thence along the North line of the Northeast quarter of said Section 12, South 89°59'20" West 1601.73 feet to a point on the Easterly Right-of-Way line of the Union Pacific Railroad and the Point of Beginning; thence along said Easterly Right-of-Way line South 18°29'20" West 31.64 feet to a point on the South Right-of-Way line of Weld County Road No. 12; thence along said Right-of-Way line South 89°59'20" West 1.00 feet; thence North 18°29'20" East 1.00 feet; thence South 89°59'20" West 117.40 feet; thence North 00°00'40" West 58.10 feet; thence North 89°59'20" East 136.85 feet; thence North 18°29'20" East 1.00 feet to a point on the North Right-of-Way line of said County Road No. 12; thence along said Right-of-Way line North 89°59'20" East 1.00 feet to a point on the said Easterly Right-of-Way line of the Union Pacific Railroad; thence along said Right-of-Way line South 18°29'20" West 31.63 feet to the Point of Beginning, containing 0.171 acres more or less. 1 WELD COUNTY ROAD 12 ANNEXATION NO. 2 That tract of land situated in the South half of Section 1 and the North half of Section 12, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at a point on the North line of the Northeast quarter of said Section 12 whence the Northeast section corner thereof bears North 89°5'9'20" East 1729.85 feet; thence South 00°00'40" East 29.05 feet; thence North 89°59'20" East 117.40 feet; thence South 18°29'20" West 1.00 feet to a point on the South Right-of-Way line of Weld County Road No. 12; thence along said Right-cf-Way line South 89°59'20" West 125.00 feet; thence North 00°00'40" West 1.00 feet; thence South 89°59'20" West 620.83 feet; thence North 00°00'40"-West 58,00 feet; thence North 89°59'20" East 620.83 feet; thence North 00°00'40" West 1.00 feet to a point on the North Right-of-Way line of said County Road No. 12; thence along said Right-of-Way line North 89°59'20" East 145.08 feet; thence South 18°29'20" West 1.00 feet; thence South 89°59'20" West 136.85 feet; thence South 00°00'40" East 29.05 feet to the Point of Beginning containing 0.843 acres more or less. EXHIBIT A - CONTINUED WELD COUNTY ROAD 12 ANNEXATION an, 3 That tract of land situated in the South half of Section 1 and the North half of Section 12, Township 1 North, Range 63 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as' follows: Commencing at the Northeast corner of said Section 12; thence along the North line of the Northeast quarter of said Section 12, South 89°59'20" West 2358.60 feet to the Point of Beginning whence the North quarter corner thereof bears South 89°59'20° West 309.86 feet; thence South 00°00'40" East 29.00 feet; thence North 89°59'20" East 620.83 feet; thence South 00°00'40" East 1,00 feet to a point on the South Right-of-Way line of Weld County Road No. 12; thence along said Right-of-Way line South 89°59'20" West 625.83 feet; thence North 00°00'40" West 2.00 feet; thence South 89°59'20" West 304.74 feet; thence South 89°27'15" West 2289.86 feet; thence North 00032145"- West 56.00 feet; thence North 89°27'15" East 2290.14 feet; thence North 89°59'20" East 304.98 feet; thence North 00°00'40" West 2.00 feet to a point on the North Right-of-Way line of said County Road No. 12; thence along said Right-of-Way line North 89°59'20" East 625.83 feet; thence South 00°00 40" East 1.00 feet; thence South 89°59'20" West 620.83 feet; thence South 00°00'40" East 29.00 feet to the Point of Beginning containing 3.371 acres more or less. WELD COUNTY ROAD 12 ANNEXATION NO. 4 That tract of land situated in the South half of Section 1, the North half of Section 12, the Northeast quarter of Section 11 and the Southeast quarter of Section 2, all in Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, being more- particularly described as follows: Commencing at the North quarter corner of said Section 12; thence along the North line of the Northwest quarter of said Section 12, South 89°27'15" West 2290.00 feet to the Point of Beginning whence the Northeast corner of said Section 11 bears South 89°27'15" West 307.54 feet; thence South 00°32'45" East 28.00 feet; thence North 89°27'15" East 2289.86 feet; thence North 89°59'20" East 304.74 feet; thence South 00°00'40" East 2.00 feet to a point on the South Right-of-Way line of Weld County Road No. 12; thence along said Right-of-Way line the following three (3) courses: South 89°59'20'1 West 304.73 'feet; South 89°27'15` West 2597.58 feet; South 88°53'28" West 50.01 feet; EXHIBIT A - CONTINUED thence North 00°11'15" West 30.00 feet to a point on the North line of the- Northeast quarter of said Section 11 whence the Northeast Section corner thereof bears North 88°53'28" East 50.01 feet; thence South 88°53'28" West 2585.37 feet to the North quarter corner of said Section 11; thence North 01°06'32" West 30.00 feet to a point on the North Right-of-Way line- of said County Road No. 12; thence along said Right-of-Way line the following three (3) courses: North 88°53'28"East 2635.86 feet; North 89°27'15" East 2597.50 feet; North 89°59'20" East 364.99 feet; thence South 00°00'40" East 2.00 feet; thence South 89°59'20" West 304.98 feet; thence South 89°27'15" West 2290.14 feet; thence South 00°32'45" East 28.00 feet to the Point of Beginning containing 2.512 acres more or less. WILMAR ANNEXATION Part of the North one-half of the Northeast one-quarter of Section 11, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at the North one-quarter corner of said Section 11; thence North 88°53'28" East 2585.37 feet along the North line of the Northeast one-quarter of Section 11, whence the Northeast section corner thereof bears North 88°53'28" East 50.01 feet; thence departing said North line South 00°11'15" East 1331.40 feet to a point on the South line of the North one-half of the Northeast one- quarter of Section 11; thence along said South line South 88°52'49" West 2580.48 feet to the North center one-sixteenth corner of Section 11; thence North 00°23'54" West 1331.82 feet to the Point of Beginning, containing 78.951 acres - more or less. • ROW WELD COUNTY ROAD 12 ANNEXATION NO. 4 PETITION FOR ANNEXATION TO: THE CITY COUNCIL OF THE CITY OF BACONO, COLORADO: We, the undersigned landowners, in accordance with Colorado law, hereby petition the City of Dacono and its City Council for annexation to the City of Dacono of the following described unincorporated territory located in the County of Weld and State of Colorado, to-wit: (See legal description in Exhibit A, attached hereto and incorporated herein by this reference. ) As part of this petition, your petitioners further state to the City Council of Dacono, Colorado, that: 1. It is desirable and necessary that the territory described in .Exhibit A be• annexed to the City of Dacono. 2. The requirements of sections 31-12-104 and 31-12-105, 12B. C.R.S. , as amended, exist or have been met in that: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Dacono or will be- contiguous with the City of Dacono within such time as required by 31-12-104; b. A community of interest exists between the area proposed to be annexed and the City of Dacono; c. The area proposed to be annexed is urban or will be ' urbanized in the near future; d. The area proposed to be annexed is integrated with or is capable of being integrated with the City of Dacono. e. No land within the boundary. of the territory proposed to be annexed which is held in identical -1- 12/9/87 ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the City of Dacono more than three miles in any direction from any point of the boundary of the City of Dacono in any one year. j . The area proposed to be annexed does not exceed ten acres in total area. k. Prior to completion of the annexation of the territory proposed to be annexed: the City of Dacono will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, -2- • 12/9/87 grounds, open spaces, public utilities, and terminals for water, light, sanitation, transporta- • tion, and power to be provided by the City of Dacono; and the proposed land uses for the area; such plan to be updated at least once annually. 1. In establishing the boundary of the territory • proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The City of Dacono will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the City of Dacono but is not bounded on both sides by the City of Dacono. 7. The owner-s of more than fifty percent of the area proposed to be annexed, exclusive of 'dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 8. Accompanying this petition are four copies of an annexation map containing the information following:- a. A written legal 'description of the boundaries of the area proposed to be annexed;. • b. A map showing the boundary or the area proposed to be annexed, said map prepared and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; d. Next to the boundary of the area proposed to be annexed,- a drawing. of the contiguous boundary of the City of Dacono and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 9. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to-be annexed will become -3- 12/9/87 10. The zoning classification requested for the area proposed to be annexed is wherefore, the following petitioners respectfully request that the City of bacono, acting through its City Council, approve the annexation of the area proposed to be annexed: C Ai N CJ W ^0 14 O 54 300 � AUO+ C3C 'r Cc CC o 1 .c O. •0 SA000-.A Y 1 )4 O 0 ' r4_..4 N ..r.. 0UC0 ° ° a N� — 4. • L a ••1 v1 S• 1•)4 4 -•1 fa /•. • 4 � i0 •Y Y 4 N U� Y 44 • a c 0 ) .c 0 N 0- -Q t1' � 1 I004JO.YW1OY ..0 VV��• 1 Y W O m• ° 14 a.0 0 •.4 CO 4 0 '3 )• 0 3 L44 Y 0 0 0 I▪ ° � 0.O 0 a D C C 0 1A C 0 40 4 .C 0C )4 C )4 C2 YasA ... 1 0 0 • U X a 4d)gin 0 0 W I‘.••••••• ICI 10 0 'O 0 3 ID vi 14 at 0 411411 0 X Z 31 7 0 0 C 14 014 . 3 .1 %3ma ° vl % 0.0 0 21 tau a 0A a UN... • a 14 3 .0 - 3 C 3{ • 0 0 O C vu 0 O •.i -1 id 4J -'a -.i -i a 7 W C) t. oa • T 2 1 a 0 C . n cn 4L 3 U 0 7 W 0 34 9 W 7 C) O 0 a ..0 r o Co. 7 a a > aL 0 o I-- 3 Hd f!` - 0 G - 7 co z J 0 a .-i{Naa 3 O a CC CC a C Y 01— H Q n• aPO. to .-. ILN EXHIBIT A WELD COUNTY ROAD 12 ANNEXATION NO. 1 • That tract of land situated in the South half of Section 1 and the North half of Section 12, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado being more particularly described as follows: Commencing at the Northeast corner of Section 12; thence along the North line of the Northeast quarter of said Section 12, South 89°59'20" West 1601.73 feet to a point on the Easterly Right-of-Way line of the Union Pacific Railroad and the Point of Beginning; thence along said Easterly Right-of-Way line South 18°29'20" West 31.64 feet to a point on the South Right-of-Way line of Weld County Road No. 12; thence along said Right-of-Way line South 89°59'20" West 1.00 feet; thence North 18°29'20° East 1.00 feet; thence South 89°59'20" West 117:40 feet; thence North 00°00'40" West 58.10 feet; thence North 89°59'20" East 136.85 feet; thence North 18°29'20" East 1.00 feet to a point on the North Right-of-Way line of said County Road No. 12; thence along said Right-of-Way line North 89°59'20" East 1.00 feet to a point on the said Easterly Right-of-Way line of the Union Pacific Railroad; thence along said Right-of-Way line South 18°29'20" West 31.63 feet to the Point of Beginning, containing 0.171 acres more or less. WELD COUNTY ROAD 12 ANNEXATION NO. 2 That tract of land situated in the South half of Section 1 and the North half of Section 12, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at a point on the North line of the Northeast quarter of said Section 12 whence the Northeast section corner thereof bears North 89°59'20" East 1729.85 feet; thence South 00°00'40° East 29.05 feet; thence North 89°59'20" East 117.40 feet; thence South 18°29'20" West 1.00 feet to a point on the South Right-of-Way line of Weld County- Road No. 12; thence along said Right-of-Way line South 89°59'20" West 125.00 feet; thence North 00'00'40" West 1.00 feet; thence South 89°59'20" West 620.83 feet; thence North 00°00'40" West 58.00 feet; thence North 89°59'20" East 620.83 feet; thence North 00°00'40" West 1.00 feet to a point on the North Right-of.Way line of said County Road No. -12; thence along said Right-of-Way line North 89°59'20" East 145.08 feet; thence South 18°29'20" West 1.00 feet; thence South 89°59'20° West 136.85 feet; thence South 00°00'40" East 29.05 feet to the Point of Beginning containing 0.843 acres more or less. EXHIBIT A - CONTINUED WELD COUNTY .ROAD 12 ANNEXATION NO. 3 That tract of land situated in the South half of Section 1 and the North half of Section 12, Township 1. North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Commencing at the Northeast corner of said Section 12; thence along the North line of the Northeast quarter of said Section 12, South 89°59'20" West 2358.60 feet to the Point of Beginning whence the North quarter corner thereof bears South 89°59'20" West 309.86 feet; thence South 00°00'40" East 29.00 feet; thence North 89°59'20" East 620.83 feet; thence South 00°00'40" East 1.00 feet to a point on the South Right-of-Way line of Weld County Road No. 12; thence along said Right-of-Way line South 89°59'20" West 625.83 feet; thence North 00°00'40" West 2.00 feet; thence South 89°59'20" West 304.74 feet; thence South 89°27'15" West 2289.86 feet; thence North 00°32'45" West 56.00 feet; thence North 89°27'15" East 2290.14 feet; thence North 89°59'20" East 304.98 feet; thence North 00°00'40" West 2.00 feet to a point on the North Right-of-Way line of said County Road No. 12; thence along said Right-of-Way line North 89°59'20" East 625.83 feet; thence South 00°00'40" East 1.00 feet; thence South 89°59'20" West 620.83 feet; thence South 00°00'40" East 29.00 feet to the Point of Beginning containing 3.371 acres more or less. WELD COUNTY ROAD 12 ANNEXATION NO. 4 That tract of land situated in the South half of Section 1, the North half of Section 12, the Northeast quarter of Section 11 and the Southeast quarter of Section 2, all in Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Commencing at the North quarter corner of said Section 12; thence along the North line of the Northwest quarter of said Section 12, South 89°27'15" West 2290.60 feet to the Point of Beginning whence the Northeast corner of said Section 11 bears South 89°27'15"West 307.54 feet; thence South 00°32'4.5° East 28.00 feet; thence North 89°27'15" East 2289.86 feet;. thence North 89°59'20" East 304.74 feet; thence South 00°00'40" East 2.00 feet to a point on the South Right-of-Way line of Weld County Road No. 12; thence along said Right-of-Way line the fold-owing three (3) courses: South 89°59'20" West 304./3 feet; South 89°27'15" West 2597.58 feet; South 88°53'28" West 50.01 feet; v .1 EXHIBIT A - CONTINUED thence North 00°11'15" West 30.00 feet to a point on the North line of the Northeast quarter of said Section 11 whence the Northeast Section corner thereof bears North 88°53'28" East 50.01 feet; thence South 88°53'28" West 2585.37 feet to the North quarter corner of said Section 11; thence North 01°06'32" West 30.00 feet to a point on the North Right-of-Way line of said County Road No. 12; thence along said Right-of-Way line the following three (3) courses: North 88°53'28" East 2635.86 feet; North 89°27'15" East 2597.50 feet; North 89°59'20" East 304.99 feet; thence South 00°00'40" East 2.00 feet; thence South 89°59'20" West 304.98 feet; thence South 89°27115° West 2290.14 feet; thence South 00°32'45" East 28.00 feet to the Point of Beginning containing 2.512 acres more or less. WILMAR ANNEXATION Part of the North one-half of the Northeast one-quarter of Section 11, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at the North one-quarter corner of said Section 11; thence North 88°53'28" East 2585.37 feet along the North line of the Northeast one-quarter of Section 11, whence the Northeast section corner thereof bears North 88°53'28" East 50.01 feet; thence departing said North line South 00°11'15" East 1331.40 feet to a point on the South line of the North one-half of the Northeast one- quarter of Section 11; thence along said South line South 88°52'49" West 2580.48 feet to the North center one-sixteenth corner of Section 11; thence North 00°23'54` West 1331.82 feet to the Point of Beginning, containing 78.951 acres more or less. OASE H WILMAR ANNEXATION PETITION FOR ANNEXATION TO: THE CITY COUNCIL OF THE CITY OF DACONO, COLORADO: We, the undersigned landowners, _ in accordance with Colorado law, hereby petition the City of Dacono and its City Council for annexation to the City of Dacono of the following described unincorporated territory located in the County of Weld and State of Colorado, to-wit: (See legal description in Exhibit A, attached hereto and incorporated herein by this reference.) As part of this petition, your petitioners further state to the City Council of' Dacono, Colorado, that: 1. It is desirable and necessary that the territory described -in Exhibit A be annexed to the City of Dacono. 2. The requirements of sections 31-12-104 and 31-12-105, 12B C.R.S. , as amended, exist or have been met in that: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Dacono or will be contiguous with the City of Dacono within such time as required by 31-12-104; b. A community of interest exists between the area proposed to be annexed and the City of Dacono; c. The area proposed to be annexed is urban or will be urbanized in the near future; d. The area proposed to be annexed is integrated with or is capable of being integrated with the City of Dacono. e. No land within the boundary of the territory proposed to be annexed which is held in identical -1- 1219/87 ownership, whether consisting of one tract or parcel of real estate or two or more contiguous • tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,0O0.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the City of Dacono more than three miles in any direction from any point of the boundary of the City of Dacono in any one year. j . Prior to completion' of the annexation of the territory proposed to be annexed, the City of Dacono will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transporta- tion, and -power .to be provided by the City of Dacono; and the proposed land uses for the area; such plan to be updated at least once annually. -2- 12/9/87 k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The City of Dacono will - not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the City of Dacono but is not bounded on both sides by the City of Dacono. 7. The owners of- more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 8. Accompanying this petition are four copies of an annexation map containing the information following: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary or the area proposed to be annexed, said map prepared and- containing the seal of a registered engineer; c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of 'the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of .the City of Dacono and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 9. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the City of Dacono, except for general property taxes of the City of Dacono which shall become effective as the January 1 next ensuing. -3- - 12/9/87 10. The zoning classification requested for the area proposed to be annexed is I-1 11. An Annexation Agreement has been executed by the petitioners herein and the City of Dacono relating to this annexation and the petitioners hereby expressly consent to the terms and conditions set forth in that Annexation Agreement. Wherefore, the following petitioners respectfully request that the City of Dacono, acting through its City Council , approve the annexation of the area proposed to be annexed: 1 • -4- 12/9/87 • O . a N • U W T3 la 41 %I1a ,C Ca 0 CC • .4 .C 0. A Ia 0 0 0•.i -O � i e0QPCW a V . 4 0 0 0 0 0 0 0•C M y .; C•.i•.1 fa .C*4 RS •.i 0 as 'O O i4 n4 li 0 O • 0 aJ 0 aJ 0 .C O 0..C T CO 00 aS paaJW 10 aJ A ' a• 1 C 0110 ^ • ' O WA 0 ,J • • • r3 - '8 0 0 O N Z 00• ) LIB 000 Ira 01 0 01 . W 0C0UIC0 JJJ 140 tacCOC ?t • . , I 0 O O .C a • O a •.d 41 . W 0 4 0 0 OWN-, •ts 10 0'0 0 • a 0 -rl 14 O4 0 Z I1 N 0 O 0 0 01 C 11 014 ,:i . o0a0wCo \ • Tw -V000 0 CP 14 C 0 01 140 0 t0110 >+ ' • <ayaa .0-- N N .t et • N CI 4.O O%O • 1.O 0\ •d •S4 14 CD O CO O CO '0 0 O - c.1 W O t�a1-V O 0. • 01'0 0 C C .1 3 O • n W V a-a op . . .,a a �^cc tY s bW 0. tw , vW zotai. • C I Ot — C C • 01 e CO CO r.1 _1 W+.. , , In.. O 0 d O W• 0 C C a H tow O 4Oai• q p`1 W _ . O\ C ^0 C O i O 0 a1 AFFIDAVIT OF CIRCULATOR • STATE OF COLORADO) ss COUNTY OF _ UJG_'lr 1.' , being first duly sworn upon oath, deposes and says that (he or she) was the circulator of this Petition for Annexation of lands to the City of Dacono, Colorado, consisting of (() pages including this page and that each signature hereon was witnessed by your affiant and is the signature of the person whose name it purports to be. ig\N„ _ t-rA Circulator Subscribed and sworn tc, before me this ,v day of (L,nhc,f. 198 $ by U.1-4./.24100 Witness my hand and official seal. My Commission Expires: 02-.r•fq • • • No a y Public /96o dl ,4 .L Address 772- .52 ea Phone (SEAL) 20/19 -6- EXHIBIT A WELD COUNTY ROAD 12 ANNEXATION NO. 1 That tract of land situated in the South half of Section 1 and the North half of Section 12, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado being more particularly described as follows: Commencing at the Northeast corner of Section 12; thence along the North line of the Northeast quarter of said Section 12, South 89°59'20" West 1601.73 feet to a point on the Easterly Right-of-Way line of the Union Pacific Railroad and the Point of Beginning; thence along said Easterly Right-of-Way line South 18°29'20' West 31.64 feet to a point on the South Right-of-Way line of Weld County Road No. 12; thence along said Right-of-Way line South 89°59'20" West 1.00 feet; thence North 18°29'20" East 1.00 feet; thence South. 89°59'20' West 117.40 feet; thence North 00°00'40" West 58.10 feet; thence North 89°59'20° East 136.85 feet; thence North 18°29'20" East 1.00 feet to a point on the North Right-of-Way line of said County Road No. 12; thence along said Right-of-Way line- North 89°59'20" East 1.00 feet to a point on the said Easterly Right-of-Way line of the Union Pacific Railroad; thence along said Right-of-Way line South 18°29'20" West 31.63 feet to the Point of Beginning, containing 0.171 acres more or less. WELD COUNTY ROAD 12 ANNEXATION NO. 2 That tract of land situated in the South half of Section 1 and the North half of Section 12, Township 1 North, Range 68 West of the-6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at a point on the North line of the Northeast quarter of said Section' 12 whence the Northeast section corner thereof bears North 89°59'24" East 1729.85 feet; thence South 00°00'40" East 29.05 feet; thence North 89°59'20" East 117.40 feet; thence South 18°29'20" West 1.00 feet to a point on the South Right-of-Way line of Weld County Road No. 12; thence along said Right-of-Way line South 89°59'20° West 125.00 feet; thence North 00°00'40" West 1.00 -feet; thence South 89°59'20" West 620.83 feet; thence North 00°00'40" West 58.00 feet; thence North 89°59'20" East 620.83 feet; thence North 00°00'40" West I.00 feet to a point on the North Right-of-Way line of said County Road No. 12; thence along said Right-of-Way line North 89°54'20" East 145.08 feet; thence South 18°29'20" West 1.00 feet; thence South 89°59'20" West 136.85 feet; thence South 00°00'40" East 29.05 feet to the Point of Beginning containing 0.843 acres more or less. EXHIBIT A - CONTINUED WELD COUNTY ROAD 12 ANNEXATION NO. 3 That tract of land situated in the South half of Section 1 and the North half of Section 12, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described' as follows: Commencing at the Northeast corner of said Section 12; thence along the North line of the Northeast quarter of said Section 12, South 89°59'20" West 2358.60 feet to the Point of Beginning whence the North quarter corner thereof bears South 89°59'20" West 309.86 feet; thence South 00°00'40" East 29.00 feet; thence North 89°59'20" East 620.83 feet; thence South 00°00'40" East 1.00 feet to a point on the South Right-of-Way line of Weld County Road No. 12; thence along said Right-of-Way line South 89°59'20" West 625.83 feet; thence North 00°00'40" West 2.00 feet; thence South 89°59'20" West 304.74 feet; thence South 89°27'15" West 2289.86 feet; thence North 00°32'45" West 56.00 feet; thence North 89°27'15" East 2290.14 feet; thence North.89°59'20" East 304.98 feet; thence North 00°00'40" West 2.00 feet to a point on the North Right-of-Way line of said County Road No. 12; thence along said Right-of-Way line North 89°59'20" East 625.83 feet; thence South 00°00'40" East 1.00 feet; thence South 89°59'20" West 620.83 feet; thence South 0"0°00'40" East 29.00 feet to the Point of Beginning containing 3.371 acres more or less. WELD COUNTY ROAD 12 ANNEXATION NO. 4 That tract of land situated in the South half of Section 1, the North half of Section 12, the Northeast quarter of Section 11 and the Southeast quarter of Section 2, all in Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Commencing at the North quarter corner of said Section 12; thence along the North line of the Northwest quarter of said Section 12, South 89°27'15" West 2290.00 feet to the Point of Beginning whence the Northeast corner of said Section 11 bears South 89°27`15 West 307.54 feet; thence South 00°32'45" East 28.00 feet; thence North 89°27`15" East 2289.86 feet; thence North 89°59'20" East 304.74 feet; thence South 00°00'40" East 2.00 feet to'a point on the South Right-of-Way line, of Weld County Road No. 12; thence along said Right-of-Way line the following three (3) courses: South 89°59'20" West 304.73 feet; South 89°27'15" West 2597.58 feet; South 88°53.'28" West 50.01 feet; EXHIBIT A - CONTINUED thence North 00°11'15" West 30.00 feet to a point on the North line of the Northeast quarter of said Section 11 whence the Northeast Section corner thereof bears North 88°53'28" East 50.01 feet; thence South 88°53'28" West 2585.37 feet to the North quarter corner of said Section 11; thence North 01°06'32" West 30.00 feet to a point on the North Right-of-Way line of said County Road No. 12; thence along said Right-of-Way line the following three (3) courses: North 88°53'28" East 2635.86 feet; North 89°27'15" East 2597.50 feet. North 89°59'20" East 304.99 feet; thence South 00°00'40" East 2.00 feet; thence South 89°59'20" West 304.98 feet; thence South 89°27'15" West 2290.14 feet; thence South 00°32'45" East 28.00 feet to the Point of Beginning containing 2.512 acres more or less. WILMAR ANNEXATION Part of the North one-half of the Northeast one-quarter of Section 11, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at the North one-quarter corner of. said Section 11; thence North 88°53'28" East 2585.37 feet along the North line of the Northeast one-quarter of Section 11, whence the Northeast' section corner thereof bears North 88°53'Z8" East 50.01 feet; thence departing said North line South 00°11'15" East 1331.40 feet to a point on the South line of the North one-half of the Northeast one- quarter of Section 11; thence along said South line South 88°52'49" West 2580.48- feet to the North center one-sixteenth corner of Section 11; thence North 00°23'54'2- West 1331.82 feet to the Point of Beginning,_containing 78.951 acres more or less. EXHIBIT B • WILMAR ANNEXATION Part of the North one-half of the Northeast one-quarter of Section 11, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at the North one-quarter corner of said Section 11; thence North 88953'28" East 2585.37 feet along the North line of. the Northeast one-quarter of Section 11, whence the Northeast section corner thereof bears North 88°53'28" East 50.01 feet; thence departing said North line South 00°11'15" East 1331.40 feet to a point on the South line of the North one-half of the Northeast one- quarter of Section 11; thence along. said South line South 88°52'49" West 2580.48 feet to the North center onewsixteenth corner of Section 11; thence North 011°23'54"West 1331.82 feet to the Point of Beginning, containing 78.951 acres more or less. WO MST! :'fir, ' lit MAY 1 8 f Ti ILL GREIL Y. COLO. Phil & Marilyn O'`_~hea 1988 ,stn, View Dr, Erie, Colo •aOS1E Tele; ,-E2$-34'. May " , i9S3 Dear Mr, Scheltinga: Again allow m to commendyou onyourtimely response to letter �� C ,��! my of April 19, 19$8, w weel d like e'-' e new enfs orm≥tir.n to light. and perhaps we, have been under the misconception that the �.is 'e'mss_e,� Z£i trash truck use orf CR 6 wa_ :ee to the presence of the ERIE LAND Fy L . EvidCn.al_v, such is not the real reason at all, . 1 , I have noted that about y5' of the le-ash trucks that use CR 5 only use it on their way TO tee dump; when fueiy lead .-- They ,moo no: use the road whenleave i e, �r they the dump to return ho 2, On HWY 7, just west of 1-25, between 1-25 and the ERIE LAND FILL access roams the state HWYlocated_•e WEIGH STATION which department has cc��. a w, i perio' ical j y requires the trucks to be checked to see if eeir loan limits are in compliance with state laws, . It's obvious to me and everybody else I 've spoken with'i` that these trucks �CKsa are only using CR E t_r bypass the WEIGH STATION on HWY 7, By so doing enforcement nt ofstate, r1 inhibited~ large I e..1C the r•t4. is being to a i cc!"�a degree, heartily suggest that some immediate means be evaluated and implemented which will allow for proper enforcrement. of Load Limitations for these trash trucks. ^del l'r� Sfeel that R'. April 19, 198: letter.. i'G".Q: a:. , _ •y �' '' to you proposing the rerouting of landfill trash truck traffic, n presently using CR 6, onto the roads (preferably HWY 7) leading directly to the lendfill be re- evaluated, In lig , f above legal requirements ho ,4 which light of the s��a of t. �St-2.Le are apparently bein.o circumvented, proper and timely enforcement measures are essential . Sir, I believe that our ability t, deal with h thestate authorities y_ 2b' "y •� jea u_t+ i.h_ r<t�: v:as on this ^'. t.ter is the most expedient method of resolving the present situation, . Thank you for your time and- eff ts, i rcerely, Copy to. CCrF�lre:issioiler e •_, rank Ya: agu£h' 1 act:Ca CAI- V, Toad 3 Bridge Coordinator n_l' W, O'Shea Resident 5/23 (68 r -a sol-cs i4C(-2 /&) / VP/ y , ._)--e.r--- /-_,vvuk--7.9--<1") Liarfir 2 /vim J r e d rtHE NEW YORK TIMES, SATURDAY. MAY 7, 1988 Z 15 • Stub Out Antismoking Zealotry legions 01 dean air freaks should office would have to work more than similar to those in a December 1986 By Glen Evans pause and consider the words of Tal- six and one-half 40 hour weeks in a analysis by the same company of in- leyrand,the French cleric-politician- row to be exposed to the nicotine door air quality in 100 New York City pm�,he gleeful,inflexible an- diplomat: "Not too much zeal," he -equivalent" of one cigarette? This restaurants and offices .smoking crusaders, warned, with good reason. For one according to a recent scientific study "The levels of nicotine found in the 'ed by that masterly thing,excessive zeal crowds out both about the impact of environmental to- study indicate that smoking regula- n: political pragnostica- common sense and compromise. bacco smoke on nonsmokers q tions are unnecessary in order to as- -. :or Mayor Koch, are (This is not to imply that Mayor Don't they realize it would take 398 • sure adequate indoor quality." said -at. i rushing to stamp out Koch concerns himself with compro• continuous hours for a diner in a type an expert on substances in indoor air. ::zarette anc cigar smoking through- raise,) cal restaurant to be exposed to the Dr. David Weeks, who was involved out New York City—and for all time. Too much zeal for a socially legis- nicotine"equivalent"of a single ciga-i in the New York study. The Mayor,who apparently has little lated cause gave us the ill-conceived, rette? John Carson. air quality services -ise to do other than rush around to ill-fated Volstead Act of 1919. Re- The study,conducted by the Inter- project manager of the International :t:s favorite bistros tacking up -No member Prohibition? (This brings to national Technology Corporation of Technology Corporation, said the Smoking!" signs, is ecstatic in his mind an ancient proverb: "Zeal is fit Torrance, Calif., involved scientific average nicotine exposure levels in zeal. only for wise men but is found mostly measurements of nicotine—an inch- offices amounted to the"equivalent" well, both the Mayor and his in fools.") cator of cigarette smoke in the air— of about three-hundredths of a ctga- Why don't the angry antismoking in 38 offices and 36 restaurants ran- rette for nonsmokers during an eight- I ;;en Evans ,s author of a forthcom- forces of this city stop to realize that domly selected in Dallas. Hour day. 1 1_book on Suicide. a nonsmoking employee in a typical The conclusions of the study were Nonsmoking diners on average might be exposed to about three-thou- ��,,,,_�- sandths of a cigarette during a one- hour meal,he said. Barry Glassner.a sociology profes- ' �e' - - sor at Hunter College and Syracuse «- *.14041,.., -+•"' University,was right when he told a w* ' h New York Times reporter,"Smoking is quickly becoming a deviant behav- ioa" t The professor noted something :�., more complex in the antismoking movement: a "craving for control," Professor Glassner said,"There are • so many dangers mat ace large scale and that we feel we have no con- • ' ' n`f trol over,particularly in the environ- • i-, ✓j, ment,that this is a way to gain con- - . ` trol." • Is that the Koch strategy?Here's a .. _ Mayor of one of the most crime-rid- - 'I den cities in the country (1,691 mur- de .2,934 rapes and 79,890 robberies • ` f n last year), who. on Apnl 6, spent - ti' "-� �`` much of his day posturing and prat- j•'i `"_ - a' { fling for local television news about how New York would now have better .,j' w 7+-.a < fffl - air—while bridges were atsimegrat Wit• 'K}« , j I V f ing,crack dealers were running wild ' ?' `_.•� 1 1 # 3y - in all five boroughs and race relations 1,Yt` !t iy' ! were steadily worsening. �. \\ ✓ ' Some way to gain control of :he - „- Icity'senvironment,Mr.Mayor. - `�� w� •) •• -'� _it--/, He who must shoot from the lip and -•--;-+L`... , _ - �� 9 • i his band of zealots are on a no-smok- i /....... ` •:, ,. `, e)\ F 3J'. ' x - { - 1 ing legislative roll Currently. But , • f: urge them to listen to the words of Dr. / James M. Buchanan, winner of the / //At? . O S n O K l NG4 ` , E / _ Nobel Memorial Prize in Economic �' _ a t t + / /, u0 C�/„1 Science in 1932 • ,� n , _. f t /' ore He said: "Let those who would use tt^ w a^ 4 i ' _ ,j / . the political process to impose their i / ,r :� "s• ( 1 preferences on the behaviors of lil• d + h' ` / others be wary of the threat to their � .4 ,' ° ,,�g own liberties...that may also be sub- a ,, lv jetted tocontrol and regulation Professor Glassner would seem to ' ( /477 agree: "If this pattern continues. 'JP �� we'll have a homogenized population , <` t in which everybody will be within the • r. �+ ? : recommended weight ranges,and no- n } body will smoke anymore, and no- !; It o , body will drink and everybody will a 1 - ` 1 , work cute' t / , \ To many, perhaps mJse such. a A. - ==' n condition would be ideal. Personally, I can live without it. \:[qna Rapt,@ Porn _:.'-,A- i Rev. 1987 ORAL INSTRUCTIONS 1. This petition form :,rust be filled out completely. One set of forms trust be completed for each decision (or denial) being appealed. 12. ONE COPY of this petition form, together with all attachments and/or sup- porting documentation, is to be nailed to the respondent county board of equal- ! ization or board of commissioners (or to the Property Tax Administrator if the decision being appealed was rendered by the Property Tax Administrator) . 13. FOUR COPIES (the original and three copies) of this petition form, together with four copies of the decision appealed from, four copies of the assessor's notice of denial, and four copies of all additional attachments and/or support- ing doc'Lnentation are to be returned to the Board of Assessment Appeals, Department of Local Affairs, 1313 Sherman Street, Room 420, Denver, Colorado 50203. ! 4. If further information is needed, please call 303/866-5880 or 866-2603. 1 Date: _ Mav 16 , 1988 i TO THE HONORABLE BOARD OF ASSESSNT APPEALS: Your Petitioner, Wheeler Realty Company , whose (name) , address is 1331 Eighth Ave. , P.O. Box 519. Greeley, CO Zip Code 80632 hereby appeals the decision of the ( weld County Board of _ Eqa3. ati• a/Corrtissioners) (?r�2XI0Onl* T A(bi iStxatOla that was dated April 27 , 19 88 , concerning abatement I r (valuation) (exemption) (refund) (abatement) for the year 19 87 as applied to: DESCRIPTION OF PROPERTY (Attach additional sheets if necessary) : I See attached list. SET FORTH IN DETAIL THE FACTS AND LAW ON WHICH THE APPEAL IS BASED: I See attached sheet. LIST THE NAMES OF WITNESSES AND EXHIBITS TO BE USED AT THE HEARING: 1` 1 Verna Marcell (Marcy) Kromminga, Bookkeeper for Wheeler Realty Co. ! David G. Clarkson, 1331 Eighth Avenue, Greeley, CO 80631 ! ATTACH COPIES OF EXHIBITS, IF ANY (not larger than &'x 14"; see Rule 23) : None PLEASE ESTI1SATE TINE IT WILL TAKE PETITIONER TO PRESENT APPEAL: 30 minutes. CERTIFICATE OF SERVICE I certify that I have mailed (or hand delivered) ONE COPY of this petition to the ( Weld County Board of aped +3.t xb¢Y,7Cormissioners) (PrepertV Twt'l i;Ntf'd't Si) at Greeley , Colorado, on May le. , 19 88 . • Wheeler Realty Company Petitioner r� , or, if any, /p-„,,,e:- ,'tiY� _. P.O. Box 519. Greeley, cQ 82,14q2 Attorney for Petitioner Address Lip Coe Tambor Williams #12572 505 Greeley National Plaza (303) 356-1331 Greeley, CO 80631 Telephone Number Telephone: 353-4000 ncTq - ec: Q -CR 5/aals) ATTACHMENT TO PETITION FOR APPEAL WHEELER REALTY COMPANY FACTS AND LAW ON WHICH THE APPEAL IS BASED: The value stated by the County does not reflect the actual value. There is duplication due to the fact that the Windsor property and the leased property are included in the Greeley property. No allowance has been made for items of personal property no longer owned by the Petitioner, nor for items in storage. some EQUIPMENT INVENTORY Swintec 8016 Typewriter 5400.00 Silver Reed _1X77 Typewriter 600.00 6—IBM SELECTRIC II Typewriters @ 300.00 ea. 1 , 800.00 HP Computer & Printer 600.00 4- Sharp Compt Calculators @ 25.00 ca. 100.00 2- Sharp 25 2186 Calculators @ 35.00 ea. 70.00 1- Cannon Calculator 25.00 22- Desk Chairs @ 35.00 ea. 770.00 2- Executive Chairs @ 50.00 ea. 100.00 5- Secretary Chairs @ 20.00 ea. 100.00 45- Side Arm Chairs @ 15.00 ea. 675.00 5- Oak Desk w/Secretary Return C, 150.00 ea. 750. 00 - Large Oak Desk w/Secretary Return 175.00 30- Oak Desk 5 Drawer @ 100.00 ea. 3,000.00 2- Executive Desk @ 200.00 ea. 400.00 4- Credenzas @ 75.00 ea. 300.00 14- 5 Drawer Lateral File @ 125.00 ea. 1 , 750.00 1- 4 Drawer Lateral File 100.00 3- 2 Drawer Lateral File @ 50.00 ea. 150.00 2- 4 Drawer Legal File @ 100.00 ea. 200.00 2- 2 Drawer Legal File @ 50.00 ea. 100.00 2- Banging Files @ 10.00 ea. 20 .00 1- Sofa 50.00 3- Computer Tables @10.00 ea. 30.00 4- Tables @ 25.00 ea. 100.00 1- Small Conference Table w/7 Chairs 250.00 17- Stands @ 10.00 ea. 170.00 1- 7ood Hall Table ' /Glass Top 25.00 1- Wood Hall Table 25.00 1- Minolta FP 450E Copier 2, 500.00 1- Pitney Bowes 5600 Postage Machine 50.00 1- Pitney Bowes Postage Scale 10.00 2- Paymaster Checkwriters @ 10.00 ea. 20.00 1- Typewriter Stand 5.00 Yap Stand 10.00 15 Trash Cans @ 1 .00 ea. 15.00 2 Shelve Book Case(no back) 5.00 2- 2 Shelve Metal Book Case @ 10.00 ea. 20.00 1- 6 Shelve Wood Bookcase 25.00 2- Oak Letter Cabinets @ 50.00 ea. 100.00 TOTAL ESTIMATED VALUE 215, 595.00 t5.OPT FORM PRESCRtSEO BY TCE PROPERTY TAX AOMIN:STRATOR I� FORM 920 I/66-1"ea PETITION FOR ABATEMENT OR REFUND Or TAXES—Norc.n Co.. ocNvrR : OS Petitioners: Use this side only- I Gs.eale March 25 19 88y , Colorado City or Town To The Honorable Board of County Commissioners of Weld County !I li Gentlemen: The petition of Wheeler RealtyGomparly whose mailing address is. 1331 Eighth Avenue, P,Q.,_,.Box--519 Greeley CQ ...80.632 City or Town State ZIP Code SCHEDULE NUMBER DESCRIPTION OF PROPERTY AS LISTED ON TAX ROLL P 0005438 personal property P 000S737 personal property P 0005439 personal property respectfully requests that the taxes assessed against the above property for the years A. D. 19_87 , 19 , 19 , are erroneous or illegal for the following reasons, viz: (Explain completely why the assessment is erroneous or illegal) The value stated by the County does not reflect the actual value. There is duplication due to the fact that the Windsor property and the leased property are included in the Greeley property. No allowance has been made for items of personal property no longer owned by the Petitioner, nor for items in storage. 19 87 19 19 Value Tax Value Tax Value Tax Orig. 51,010 3,904.90 Abate. 464620 3,562.,4Q . Bal. 4,390 335.50 That he has paid said taxes. Wherefore your petitioner prays that the taxes, as aforesaid erroneously or illegally assessed, may be abated or refunded in the sum of $ 3,569.8 I declare, under penalty of perjury in the second degree that this petition, together with any accompanying exhibits or statements, has been examined by me and to the best of my knowledge, information and belief is true, correct and complete. II Wheeler Realty Company Petitioner Agent Address • • RESOLUTION OF COUNTY COMMISSIONERS WHEREAS, The County Commissioners of Weld County, State of Colorado. at a duly and lawfully called regular meeting held on the 27th day of April , A.A. 19 88 , at which meeting there were present the following members- Chairman Gene R. Brantner and Commissioners Jacqueline Johnson., Gordon E. Lacy and Frank Yamazuchil with Commissioner C.W- Kirby being..absent., notice of such meeting and an opportunity to be present having been given to the taxpayer and the Assessor of said County and said Assessor.,.. Richard Keirnes and taxpayer`s representative Tambor Williams being present; and (name) (name) WHEREAS, The said County Commissioners have carefully considered the within applica- tion, and are fully advised in relation thereto, NOW BE IT RESOLVED, That the Board... concurs with the recommendation of (concurs or does not concur> the assessor and the petition be denied and an abatement/refund-.J)Pt..-be allowed (approved or denied) (be allowed or not be al owed) on an assessed valuation of$ 46,620 for $ 3 5 .40 to tax for the year(s) 19..87 it V Chairman of Board of County Commissioners. STATE OF COLORADO, ss. County of Weld I Mary Ann reuerstein County Clerk and Ex-officio Clerk of the Board of County Commissioners in and for the County of Weld State of Colorado, do hereby certify that the above and foregoing order is truly copied from the records of the proceedings of the Board of County Commissioners for said Weld County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Greeley , this 27th :;_day of Apia A. D. 19.--$8... / .2 a✓icA e�t4'-G+J 0 r. County Clerk. __ By..— Deputy. -- r — ACTION OF THE PROPLRTY TAX ADMINISTRATOR Denver, Colorado, , 19 The action of the Board of County Commissioners, relative to the within petition, is hereby ll E approved; r7l approved in part $ _, denied for the following reason(s) ATTEST: Secretary. Property Tax Administrator. x u p',^, Ts v,b x K0' = moo - �: i.: ,E a Eo°F d tend •.• •c , z,c. and m y i O TN aC) o v: A w0 ..�.. ?- c, 'g , w y i P. v a3q ,_ U.p t.' o p { ?? oa \ - < < e,� m o0 dal ( S m c a. < 0 I -. = Z.-= .--._‘-/ >. = C) = gcic I > = � pI cts v a .0 a, ' w O co I ci O O d ` owZ 4 ed E w+ 0 co I "'.' ' ¶ llu1i41 ,v O - o o ., - ! � €° o? fit 1 0 _ R z N v, ; O Z ! 3 ', 0 '' _ 2 - n "- .. iz 0.• es = y0 QC«Gr r E w UI w nil CEIDINDti I F° o -Zs - - • - fre 14, OFFICE OF WELD COUNTY CLERK AND RECORDER 4225 PHONE: (303) 356-4000 EXT.fl P.O. Box 753fatcsaattec OGREELEY. COLORLOO 80631 COLORADO April 28, 1988 Wheeler Realty Company c/o Tambor Williams 505 Geeley National Plaza Greeley, Colorado 80631 Dear Ms . Williams: On April 27 , 1988 , the Board of Weld County Commissioners considered the petition from Wheeler Realty Company for tax abatement and denied same . Pursuant to Section 39-2-125 (F) , C.R.S. , this decision may be appealed to the State Board of Assessment Appeals within thirty days. The appropriate forms and instructions may be obtained from the Board of Assessment Appeals , Department of Local Affairs, 1313 Sherman Street - Room 420 , Denver, Colorado 80203. Sincerely, Mary Ann Feuerstein Weld County Clerk and Recorder and Clerk to the Board L yeputy Countyerk UNITED STATES " NUCLEAR REGULATORY COMMISSION MAY 2 0 OFFICE OF NUCLEAR REACTOR REGULATION • WASHINGTON, D.C. 20555 V. May 12, 19881640 NRC INFORMATION NOTICE NO. 88-23: POTENTIAL FOR GAS BINDING OF HIGH-PRESSURE SAFETY INJECTION PUMPS DURING A LOSS-OF- COOLANT ACCIDENT Addressees: All holders of operating licenses or construction permits for pressurized-water reactors. Purpose: • The purpose of this information notice is to alert addressees to potential problems resulting from hydrogen transport from the volume control tank and accumulation in emergency core cooling system piping. It is expected that recipients will review the information for applicability to their facilities and consider actions, as appropriate, to avoid similar problems. However, suggestions contained in this information notice do not constitute NRC requirements; therefore, no specific action or written response is required. Description of Circumstances: On February 26, 1988, the licensee was operating Farley 1 at power near the end of the current fuel cycle. Valves 8706A and 6 (see Figure 1) had been stroked as required for surveillance testing. After testing was completed, the licensee noted that the boron concentration in the reactor coolant system was higher than expected and suspected that there was leakage through one of these valves. To determine whether valve 8706A was seated, the licensee took a coolant sample from a vent downstream from the valve In order to analyze the sample for boron concentration. Fifty cubic feet of gas was vented from the line before a coolant sample could be obtained. The gas was 98 percent hydrogen. Discussion: Farley 1 has three centrifugal charging pumps and two centrifugal residual heat removal (RHR) pumps. During a loss-of-coolant accident (COCA), the charging pumps function as high-pressure safety injection (HPSI) pumps, and the RHR pumps function as low-pressure safety injection (LPSI) pumps. When a safety injection signal is generated, the discharge sides of the HPSI and LPSI pumps are aligned to supply coolant to the cold legs of the reactor coolant system, the suction sides of the HPSI and LPSI pumps are aligned to the refueling water storage tank (RWST1 , and the pumps are started. At the low water level setpoint for the RWST 8805060246 • 5/aajx8 IN 88-23 May 12, 1988 Page 2 of 3 when transferring to the recirculation mode, the suction sides of the LPSI pumps are realigned from the RWST to the sump. At the same time, the discharge sides of the LPSI pumps are aligned to supply coolant to the suction header for the HPSI pumps as well as the cold legs of the reactor coolant system. In addition, the two block valves in the HPSI suction header between HPSI pumps B and C close to establish independent trains. • Had a small-break LOCA occurred before the line downstream of valve 8706A was vented, 50 cubic feet of hydrogen would have been swept through HPSI pumps A and B when valve 8706A opened. The licensee stated that if 6 cubic feet of hydrogen were swept through one HPSI pump as a single gas bubble, the pump might be damaged significantly. Whether or not hydrogen gas causes significant damage to HPSI pumps A and B depends on the amount of mixing of hydrogen and water before the mixture enters the pumps and on the distribution of hydrogen bubbles between HPSI pumps A and B. Because o' this uncertainty, the oper- ability of HPSI pumps A and B would be in question with hydrogen trapped in lines upstream of the pumps. Figure 1 shows the layout for piping and components on the suction side of the HPSI pumps for Units 1 and 2. For Unit 1, to provide physical separation of the lines from the LPSI pumps to the suction header for the HPSI pumps, the architect-engineer routed the line containing valve 8706A so that part of the line is 32 feet above the line from the volume control tank (VCT). Figure 2 shows the elevations of horizontal piping on the suction side of the HPSI. pumps. The lines for Unit 2 were arranged in a similar way. Hydrogen is normally used for the cover gas in the VCT; thus, water flowing through the VCT is saturated with hydrogen while it is in the VCT. If the local pressure in the piping at some point between the VCT and HPSI pump suction nozzles is less than VCT pressure, the dissolved hydrogen will come out of solution and will not immediately go back into solution even if the pressure downstream from that point is greater than VCT pressure. The licensee believes that the pressure distribution in some elbows and tees downstream from the VCT is such that some hydrogen comes out of solution in those fittings and that these hydrogen bubbles are swept through the pumps without damaging them. In the suction piping of pump A, however, some of the bubbles are trapped in the vertical section of line that runs to the high point vent. Data obtained by the licensee indicate that the collection rate is approximately 5 cubic feet per day. At Unit 2, there is a second hydrogen collection point in the suction piping for HPSI pump B (see Figure 3). With pump B out of service, hydrogen gas collects between the tee and the closed valve. The licensee has taken interim corrective action to avoid declaring HPSI pump A in Unit I and HPSI pumps A and B in Unit 2 inoperable. In Units 1 and 2, the line downstream from valves 8706A is vented once each shift to remove accumulated hydrogen gas. In Unit 2, only pump B is normally operated so that hydrogen gas bubbles are swept throuoh the pump and cannot accumulate. IN 88-23 May 12, 1988 Page 3 of 3 No specific action or written response is required by this information notice. If you have any questions about this matter, please contact the technical contact listed below or the Regional Administrator of the appropriate regional office. Charles E. Rossi, Director Division of Operational Events Assessment Office of Nuclear Reactor Regulation Technical Contact: Roger Woodruff, NRR (301) 492-1180 Attachments: • 1. Figure 1 - Farley 1 & 2 Charging Pump Schematic 2. Figure 2 - Farley 1 Horizontal Piping Elevations 3. Figure 3 - Farley 2 Horizontal Piping Elevations 4. List of Recently Issued NRC Information Notices Attachment 1 VENT RHR (L.PS 1 ) PUMP 870tH A (/ _ _ LETDOWN 6 a-{>1 RYST VCT CHARGING CHPSII PUMPS -gt RHR UPS! ) PUMP 87066 FIGURE 1 - FARLEY 1 & 2 CHARGING PUMP SCHEMATIC Attachment 2 � 1 L I a � $ w ♦ h N 0 o O O O Z- _ m . o Z 1 I I I I I h I 0 a. _- I-- AC I -El > 11.1 u1 LI E4 n Z ;A:.: Q a I- 2 z d N E M o ._._-NCEIC) g I cr < U- ❑-1 117 Er D {7 r- N Attachment 3 Z U 0 W J W oss CD < a a ,I 1 Q I--- Z O N 0 u~. o 0 Cv co i I >- T lJ.1 • Q c_, * U Attachment 4 IN 88-27 Nay 17. 1988 Pate 1 of I LIST OF RECENTLY ISSUED NRC INFORrATION NOTICES Tnfon.•tion Daft of Notice No. Sabina Ittuanai Itsued to • 88-22 Disposal of Sludge from 5/12/88 All holders of OLs Onsite Sewage Treatment or CPS for nuclear Facilities et Nuclear power reactors. Power Stations 88-21 Inadvertent Criticality 5/9/88 A11 holders of OLs Events at Otkanhaam or CPs for nuclear and at U.S. Nuclear power reactors. Power Plants 88-2C Unauthorized Individuals S/S/88 All holders of Ott manipulating Controls and or CPs for nuclear Perfonaing Control Row power.-test and Activities research reactors. and all licensed operators.. 88-19 Questionable Certification 4/26/E8 All holders of OLs of Class lE Components or Cgs for nuclear niter reactors. 88-18 malfunction of Lockbox on 4/25/88 - All NRC licensees Radiography Device authorized to manufacture. distribute. " and/or operate radio- graphic exposure devices. -PS-17 Smeary of Responses to NRC 4122/88 All holders of OLs lulletin 87-01. Thinning of or CPs for nuclear Pipe wells in Nuclear Poeer peer reactors. Plants• 88.16 Identifying Waste Generators 4/22/88 -^ Radioactive waste in Shipments of Low-Level collection and Waste to Land Disposal service cOMoany Facilities licensees handling prepackaged waste. and licensees operating low-level waste disposal facilities. OL • Operating License CP • Construction Permit UNITED STATES now cAAss MAN NUCLEAR REGULATORY COMMISSION Ponce i Ma PAID u:Neat WASHINGTON, D.C. 20555 PERMIT No.64 OFFICIAL BUSINESS PENALTY FOR PRIVATE USE. $300 280632006315 1 1CO1CY1FB11S1 COUNTY OF WELD BD OF COUNTY COMMISSIONERS CHAIRMAN PO BOX 758 GREELEY CO 80632 NOTE: These regulations were adopted by the Commission after the printing and should be included in the Rules and Regulations dated 10/87. Mr. Edward Mc Cord was appointed to the Oil and Gas Conservation Commission to replace Dr. John Haun. BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF CHANGES TO THE RULES AND REGULATIONS OF THE ) CAUSE NO. 1 OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO ) ORDER NO. 1-51 • REPORT OF THE COMMISSION Pursuant to a hearing before the Oil and Gas Conservation Commission of the State of Colorado on October 19, 1987 at 9:00 a.m. in Room 110, State Centennial Building, 1313 Sherman Street, Denver, Colorado, after giving Notice of Hearing, as required by law, the Commission finds it necessary to add to Rule 317 of the Rules and Regulations concerning the restoration of surface following oil and gas operations. • - Additions to Rule 317 shall henceforth read as follows: 317 g. In cultivated areas, as soon as conditions permit, following the completion of drilling and completion operations, all the material associated with the drilling of the well that have been brought onto the premises and which no longer are needed shall be removed including but not limited to concrete,, sack bentonite and other drilling mud additives, sand, plastic, pipe, cable, waste material and paper. No such material shall be burned or buried on the premises unless approved by the surface owner. A notice shall be sent to the surface tenant at the same time. r. As soon as conditions permit and . recognizing the needs of the surface owner, drilling locations shall be restored within a reasonable time, not to exceed six (6) months, to their original conditior...s or to the size necessary for a normal producing location insofar as is practicable. The unit operator shall notify the surface owner, within five (5) days prior, that such restoration is to take place and, if requested by land owner shall consult with respect to the proposed reclamation operations and any special considerations that are necessary. s. Upon written protest by the land owner regarding any of the above rules involving them, the Director shall take such action as he may deem appropriate. DONE AND PREPARED by the Oil and Gas Conservation Commission of the State of Colorado this 19th day of October 1987. IN THE NAME OF THE STATE OF COLORADO. OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO By Frank 3. o, Secretary Dated at Denver, Colorado October 21, 1987 • MAY 2 019:1 4 `Li GREELEy_ CaL.o. RULES AND REGULATIONS RULES OF PRACTICE AND PROCEDURE AND OIL AND GAS CONSERVATION ACT (As Amended) Suite 380, 1580 Logan Street Denver, Colorado 80203 (303) 894-2100 Haun, Chairman John Welborn, Vice-Chairman Gretchen VanderWerf, Commissioner Truman Anderson, Commissioner Max Krey, Commissioner Rogers W. Johnson, Commissioner William It Smith, Director Frank J. Piro, Deputy Director-Secretary ® Revised 10/87 • I INTRODUCTION L The Rules and Regulations and the Rules of Practice and Procedure of the Oil and Gas Conserva- tion Commission of the State of Colorado hereinafter set forth are made pursuant to and by virtue of the Oil and Gas Conservation Act, as amended, a Id by virtue of the Water Quality Control Act, as amended, and the authority delegated thereunder to the Oil and Gas Conservation Commission.. OUTLINE OF CONTENTS RULES AND REGULATIONS DEFINITIONS 101. Commission 102. Director 103. Authorized Deputy 104. Barrel 105. Cubic Foot 106. Day 107. Log or Well Log 108. Act (The Oil and Gas Conservation Act) 109. Pool, Person, Owner, Producer, Oil, Gas Waste, Correlative Rights, Common Source of Supply and Operator • 110. Oil Well 111. Gas 112. Well 113. Designated Agent 114. Interested Parties 115. Produced and Marketed 116, Field 117. Special Field Rules 118. Completion • 119. Pollution 120. Waters of the State 121. Treatment Facilities 122. Surface Disposal System 123. Subsurface Disposal Facility • 124. On-Site Disposal Facility 125. Central Disposal Facility 126, Commercial Disposal Facility 127. All Other Words GENERAL RULES 201. Effective Scope of Rules and.Regulations 202. Office and Duties of Director 203. Office and Duties of Secretary 204. General Functions of Director 205. Access to Records 206. Reports • 207. Tests and Surveys 208. Corrective Action 209. Protection of Coal Seams and Water-Bearing Formations 210. Signs and Markers t 211. Naming of Fields 212. Safety 213. Forms Upon Request DRILLING, DEVELOPMENT, PRODUCING AND ABANDONMENT • 301. Records, Reports, Notices - General 302. OGCC Form 1. Designation of Agent 303. OGCC Form 2. Application for Permit to Drill, Deepen, or Re-enter and Operate 304. OGCC Form 3. Bonding Requirements 305. OGCC Form 4. Sundry Notices and Reports on Wells 306. OGCC Form 5. Well Completion or Recompletion Report and Log 307. OGCC Form 7. Operator's Monthly Production Report 308. OGCC Form 8. Mill Levy 309. OGCC Form 9. Gas-Oil Ratio and Water Production Report 310. OGCC Form 10. Certificate of Clearance and/or Operator Change 311. OCCC Form 11. Monthly,Report of Gasoline or Other Extraction Plants 312. OGCC Form 12. Transporters Monthly Report 313. OGCC Form 13. Reservoir Pressure Test Report 314A. OGCC Form 14A. Monthly Report of Fluids Injected 3146. OGCC Form 146. Mechanical Integrity Test 315. OGCC Form 15. Application for Permit to Use Earthen. Pit 316. OGCC Form 16. Water/Waste Transporters Monthly Report 317. General Drilling Rules 318. Location of Wells 319. Abandonment 320. Liability 321. Directional Drilling 322. Multiple Zone Completions or Commingling in One.Well Bore 323. Open Pit Storage of Oil or Hydrocarbon Substances 324A. Pollution 324B. Exempt Aquifers 325. Retaining Pits 326. Underground Disposal of Water 327. Mechanical Integrity Testing 328. Treatment Facilities 329. Open Flows, Control of "Wild" Wells and Spills 330. Measurement of Oil 331. Measurement of Gas 332. Vacuum Pumps on Wells 333. Use of Gas for Artificial Gas Lifting 334. Variances 335. Seismic Operations UNIT OPERATIONS AND SECONDARY RECOVERY PROJECTS 401. Authorization 402. Notice and Date of Hearing 403. Additional Notice 404. Casing and Cementing of Injection Wells 405. Notice of Commencement and Discontinuance of Injection Operations • RULES OF PRACTICE AND PROCEDURE 501. Applicability of Rules of Practice and Procedure 502. Commission May Institute Proceeding to Prevent Violation 503. Commission May Initiate Proceeding Relating to Conservation of Oil and Gas 504. Procedure to be Followed in the Event of an Alleged Violation 505. All Other Proceedings Commenced by Filing Petition • 2 506. Docket Number of Proceedings 507. New Filing Deadline • 508. Filing of Protest 509. Representation at Hearings 510. Secretary May Require Filing of Additional Copies of Pleadings 511. Definition of "Applicant' 512. Definition of"Respondent" 513. Definition of"Intervener" 514. Requirement of Public Hearing Before Issuance of any Order Except an Emergency Order 515. Notice of Hearing 516. Personal Service and Proof of Service 517. Interest Party or Parties 518. Secretary to Notify all Parties Interested in Proceedings 519. Persons Desiring Notification of Proceedings Shall File With Commission 520. Who May File Applications 521. On Filing of Applications, Commission Set Date of Hearing and Cause Notice to be Given 522. Copy of Protest Served on Petitioner 523. Hearings Before the Commission 524. Commission Members Required for Hearings and/or Decisions 525. Presentation of Evidence 526. Subpoenas 527. Depositions 528. Applicability of Colorado Rules of Civil Procedure 529. Commission to Enter Order Within Thirty Days 530. Rules Shall be Liberally Construed 531. Time of Hearings 532. Establishing Spacing Rules 533. Non-Consenting Owner in Pooling • SAFETY REGULATIONS 601. Introduction 602. General 603. Drilling and Well Servicing Operations 604. Production Facilities 605_ Seismic Operations 606. Fire Prevention and Protection PART II. OIL AND GAS CONSERVATION ACT APPENDIX PART 1. COMMISSION FORMS Sample of Commission Forms OGCC Form 1. Designation of Agent OGCC Form 2. Application for Permit to Drill, Deepen, or Re-enter and Operate OGCC Form 3. Plugging Band OGCC Form 3A. Surface Bond OGCC Form 38. Central Disposal Facility Bond OGCC Form 4. Sundry Notices and Reports on Wells OGCC Form 5. Well Completion or Recompletion Report and Log OGCC Form 7. Operator's Monthly Production Report OGCC Form 8. Oil and Gas Conservation Levy • OGCC Form 9. Gas-Oil Ratio and Water Production Report OGCC Form 10. Certification of Clearance and/or Change of Operator OGCC Form 11. Monthly Report of Gasoline or Other Extraction Plant OGCC Form 12- Transporter's Monthly Report 3 OCCC Form 13. Reservoir Pressure Test OGCC Form 14A. Monthly Report of Fluids Injected OGCC Form 14B. Mechanical Integrity Test OGCC Form 15. Application for Permit tO Use Earthen Pit . OGCC Form 16. Water/Waste Transporters Monthly Report RULES AND REGULATIONS DEFINITIONS 101. COMMISSION shall mean the Oil and Gas Conservation Commission of the State of Colorado. 102. DIRECTOR shall mean Director of the Oil and Gas Conservation Commission of the State of Colorado. 103. AUTHORIZED DEPUTY shall mean a representative of the Director as authorized by the Commission. 104, BARREL shall mean 42 (U.S.) gallons at 60°F. at atmospheric pressure. 105, CUBIC FOOT of gas shall mean the volume of gas contained in one cubic foot of space at a standard pressure base and a standard temperature base.The standard pressure base shall be 14.73 psia, and the standard temperature base shall be 60°Fahrenheit 106. DAY shall mean a period of twenty-four (24) consecutive hours. 107. LOG or WELL LOG shall mean a systematic detailed record of formations encountered in the drilling of a well. 108. ACT shall mean the Oil and Gas Conservation Act of the State of Colorado. 109. The words POOL, PERSON, OWNER, PRODUCER, OIL, GAS, WASTE, CORRELATIVE RIGHTS and COMMON SOURCE OF SUPPLY are defined by the Act, and said definitions are hereby adopted in these Rules and Regulations. The word "operator" is used in these rules and regulations and accompanying forms interchangeably with the same meaning as the term "owner" except in Rules 301, 326,401 and 534 where the word"operator" is used to identify the persons designated by the owner or owners to perform the functions covered by those rules. 110. OIL WELL shall mean a well,the principal production of which at the mouth of the well is oil,as • defined by the Act 111. GAS WELL shall mean a well,the principal production of which at the mouth of the well is gas, as defined by the Act 112. WELL, when used alone in these Rules and Regulations, shall refer to an oil or gas well, or to a hole drilled for the purpose of producing oil or gas,or a well into which fluids are injected pur- suant to authorization granted under these Rules and Regulations_ WILD CAT (Exploratory) WELL means any well drilled beyond the known producing limits of a pool. STRATIGRAPHIC WELL means a well drilled for stratigraphic information only. If a test for fluid productivity is made in such well,the well must be reclassified as a well drilled for oil or gas and is subject to all the rules and regulations of a well drilled for oil or gas.Wells drilled in a delineated field to known productive horizons cannot be classified as"stratigraphic". Neither the term"well"nor "stratigraphic well"shall include seismic holes drilled for the purpose of obtaining geophysical information only. GAS STORAGE WELL means any well drilled for the injection, withdrawal, production, observation, and/or monitoring of natural gas stored in underground formations. The fact that any such well is used incidentally for the production of native gas or the enhanced recovery of native hydrocarbons shall not affect its status as a gas storage well. 113. DESIIGNATED AGENT,when used herein shall mean the designated representative of any pro- ducer, operator, transporter, refiner, gasoline or other extraction plant operator, or initial purchaser. 114. INTERESTED PARTIES: a) For the purpose of pooling orders or unitization orders, the term"Interested Parties" shall mean those persons who own any interest in the tracts to be pooled or unitized. b) In cases of a complaint made by the Commission or any party that any provisions of the Act, or any Rule, regulation or order of the Commission is being violated,the party or parties com- plained against shall be deemed the Interested Party or Parties. c) For purposes of spacing applications and any infill drilling or other applications for modifica- tion of existing spacing, the term interested Parties shall mean the following: (1) Any owner as that term is defined in the Act, and • (2) For the purpose of participating in the hearing only, any other person who offers to present evidence which the Commission deems to be relevant to the issues raised by 4 the spacing application.A determination by the Commission concerning participation as an Interested Party under this subparagraph (2) shall not be construed as a deter- • mination on standing to seek judicial review of any order arising from such proceeding under Section 34-60-111 of the Act or C.R.S. 24-4-106. d) For purposes of exceptions to existing spacing orders,the term Interested Parties shall mean those parties who meet the qualifications of Rule 114c.and any owner,as defined in the Act,in a contiguous or cornering tract which is subject to the existing spacing pattern. e) For purposes of exceptions to the rule governing location of wells,the term interested Parties shall mean the owner of the contiguous or cornering tract toward which the well location is pro- posed to be moved; provided that if the owner of the proposed well is also the owner of the lease on the property toward which the well is proposed to be moved, the mineral interest owner of the lands covered by the offset lease is also an Interested Party. 115. PRODUCED AND MARKETED.These words,as used in the Act,shall mean,when oil shall have left the lease tank battery or when natural gas shall have passed the metering point and entered into the stream of commerce as its first step toward the ultimate consumer. 116. FIELD shall mean the general area which is underlaid or appears to be underlaid by at least one pool; and"field" shall include the underground reservoir or reservoirs containing oil or gas or both.The words"field"and"poor' mean the same thing when only one underground reservoir is involved; however, "field", unlike "pool", may relate to two or more pools. 117. SPECIAL FIELD RULES shall mean those rules promulgated for and which are limited in their application to individual pools or fields within the State of Colorado. 118. COMPLETION.An oil well shall be considered completed when the first new oil is produced through wellhead equipment into lease tanks from the ultimate producing interval after the production string has been run.A gas well shall be considered completed when the well is cap- able of producing gas through wellhead equipment from the ultimate producing zone after the production string has been run.A dry hole shall be considered completed when all provisions o''_?lugging are complied with as set out in these rules.Any well not previously defined as an oil or gas well, shall be considered completed ninety (90) days after reaching total depth. If approved by the Director,a well that requires extensive testing shall be considered completed when the drilling rig is released or six months after reaching total depth, whichever is • later. 119. POLLUTION means such contamination or other alteration of the physical, chemical, o, biological properties of any waters of the State including change in temperature, taste, color turbidity or odor of the waters or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the State as will or is likely to create a nuisance or render such waters harmful,detrimental or injurious to public health,safety or welfare,or to domestic, commercial, industrial, agricultural, recreational or other beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. 120. WATERS OF THE STATE means all waters within the jurisdiction of this State including all streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private,situated wholly or partly within or bordering upon the State, excepting waters in sewerage systems; treatment works of dis- posal systems;waters in potable water distribution systems;and waters withdrawn for use until such time as all uses and final treatment have been completed. 121. TREATMENT FACILITIES means any plant, equipment or other works used for the purpose of treating, separating or stabilizing any substance produced from a well. 122. SURFACE DISPOSAL SYSTEM means a facility or system for disposing of wastes, including water, on the surface of the ground. This includes on-site, central and commercial disposal facilities. 123. SUBSURFACE DISPOSAL FACILITY means a facility or system for disposing of water or other oil field wastes into a subsurface reservoir or reservoirs. 124. ON-SITE DISPOSAL FACILITY shall mean a retaining pit or surface facility which is used for the storage and/or disposal of water or other oil field waste, produced from one or more oil or gas wells at the same lease location from which it is produced. 125. CENTRAL DISPOSAL FACILITY shall mean a retaining pit or surface facility which is used for the storage and/or disposal of water or other oil field waste produced from wells from several leases or batteries in a field or fields,and operated by one or more oil and gas operators in con- • junction with a field operators agreement,approved by the Commission, for the sole purpose of disposing of said produced waters or waste from that field. 126. COMMERCIAL DISPOSAL FACILITY shall mean any other retaining pit or surface facility which is used for storage and/or disposal of water or other oil field waste produced in connection with oil and gas operations, and, which is not an on-site or central facility. 5 127. ALL OTHER WORDS used herein shall be given their usual customary and accepted meaning, and all words of a technical nature, or peculiar to the oil and gas industry, shall be given that meaning which is generally accepted in said oil and gas industry_ • GENERAL RULES 201. EFFECTIVE SCOPE OF RULES AND REGULATIONS All rules and regulations of a general nature herein promulgated to prevent waste and to conserve - oil and gas in the State of Colorado shall be effective throughout the State of Colorado and be in force in all pools and fields except as may be amended, modified, altered or enlarged generally or in specific individual pools or fields by orders heretofore or hereafter issued by the Commission, and except where special field rules apply, in which case the special field rules shalt govern to the extent of any conflict. 202. OFFICE AND DUTIES OF DIRECTOR The office of Director of the Commission is hereby created. It shall be the duty of the Director to aid the Commission in the administration of the Act as may be required of him from time to time and to act as hearing officer when so directed by the Commission. 203. OFFICE AND DUTIES OF SECRETARY The office of Secretary to the Commission is hereby created.The duties of the Secretary shall be as determined from time to time by the Commission. 204. GENERAL FUNCTIONS OF DIRECTOR The Director and his authorized deputies shall also have the right at all reasonable times to go upon and inspect any oil and/or gas properties,disposal facilities,or transporters facilities and wells for the purpose of making any investigation or tests to ascertain whether the provisions of the Act or these rules or any special field rules are being complied with, and shall report any violation thereof to the Commission. 205. ACCESS TO RECORDS All producers,operators,transporters, refiners,gasoline or other extraction plant operators and ini- tial purchasers of oil and gas within this State, shall make and keep appropriate books and records covering their operations in the State from which they may be able to make and substantiate the • reports required by the Commission. Such books, records and copies of said reports required by the Commission shall be kept on file and available for inspection by the Commission for a period of at least five years. The Director and his authorized deputies shall have access to all well records wherever located. All owners, drilling contractors, drillers, service companies, or other persons engaged in drilling or servicing wells, shall permit the Director, or authorized deputy, at his or their risk, in the absence of negligence on the part of the owner,to come upon any lease, property or well operated or controlled by them, and to inspect the record and operation of such wells and to have access at all times to any and all records of wells; provided,that information so obtained shall be kept confidential and shall be reported only to the Commission or its authorized agents. 206. REPORTS All producers, operators, transporters, refiners, gasoline and other extraction plant operators and initial purchasers of oil and gas within the State shall from time to time file accurate and complete reports containing such information and covering such periods as the Commission shall require. 207. TESTS AND SURVEYS When deemed necessary or advisable, the Commission is authorized to require that tests or sur- veys be made to determine the presence of waste or occurrence of pollution. The Commission, in calling for reports under Rule 206 and tests or surveys to be made as provided in this Rule, shall designate the time allowed the operator for compliance,which provisions as to time shall prevail over any other time provisions in these rules. 208. CORRECTIVE ACTION The Commission shall require correction, in a manner to be prescribed or approved by it, of any condition which is causing or is likely to cause waste or pollution;and require the proper plugging and abandonment of any well or wells no longer used or useful in accordance with such reasonable plan as may be prescribed by it. 209. PROTECTION OF COAL SEAMS AND WATERBEARING FORMATIONS In the conduct of oil and gas operations each owner shall exercise due care in the protection of coal seams and waterbearing formations as required by the applicable statutes of the State of Colorado. Special precautions shall be taken in drilling and abandoning welts to guard against any loss of'rte • sian water from the stratum in which it occurs and the contamination.&-fresh water by objectionable water, oil, or gas. Before any oil or gas well is completed as a producer, all oil, gas and water strata 6 above and below the producing horizon shall be sealed or separated in order to prevent the intermin- gling of their contents. • 210. SIGNS AND MARKERS a. WELL DESIGNATIONS The owner shall mark each and every well in a conspicuous place from the time of initial drilling until final abandonment with the owner's name, name of lease,number of the well and legal descrip- tion of the well,and mark tank batteries in a manner approved by the Director,and take all necessary means and precautions to preserve and maintain these markings. Permanent signs shall be installed within sixty (60) days after completion of the well, and shall include phone numbers where the operator may be reached at all times unless emergency phone numbers have been furnished to state offices and the office of the County Commission or it's designee. See Rule 604.c(4). b. CENTRAL DISPOSAL FACILITY DESIGNATION A sign shall be posted in a conspicuous place identifying the operator, facility name, location, and phone number where the operator may be reached at all times unless emergency numbers have been furnished to the County Commission or their designee. 211. NAMING OF FIELDS All oil and gas fields discovered in the State subsequent to the adoption of these rules and regulations shall be named by the Director or at his direction. 212. SAFETY For safety regulations regarding industry personnel, contact the U.S. Department of Labor, Occupational Safety and Health Administration, Regional Administrator, Colorado Region VIII, 333 West Colfax Avenue, Tremont Center 1st Floor, Denver, Colorado 80201, telephone (303) 844- 5285. For State Safety regulations regarding public safety see Rule 601-606.9. 213. FORMS UPON REQUEST Forms required by the Commission will be furnished upon request. DRILLING, DEVELOPMENT, PRODUCING AND ABANDONMENT • 301. RECORDS, REPORTS, NOTICES-GENERAL Any written notice of intention to do work or to change plans previously approved must be filed with the Director,and must reach the Director and receive his approval before the work is begun,or such approval may be given orally and, if so given, shall thereafter be confirmed to the Director in writing. In case of emergency, or any situation where operations might be unduly delayed, any notice or information required by these rules and regulations to be given to the Director may be given orally or by wire, and if approval is obtained the transaction shall be promptly confirmed in writing to the Director, as a matter of record. Immediate notice shall be given to the Director when public health or safety is in jeopardy. Notice shall also be given to the Director of any other significant down hole problem or mechanical failure in any well within ten (10) days. The owner shalt keep on the leased premises,or at his headquarters in the field, or otherwise con- veniently available to the Director, accurate and complete records of the drilling, redrilling, deepen- ing, repairing, plugging or abandoning of all wells, and of all other well operations, and of all alterations to casing.These records shall show a!I the formations penetrated,the content and quality of oil, gas or water in each formation tested,and the grade,weight and size,and landed depth of cas- ing used in drilling each well on the leased premises, and any other information obtained in the course of well operation. Such records on each well shall be maintained by any subsequent owner. Whenever a person has been designated as an operator by an owner or owners of the lease or well, such an operator may submit the reports as herein required by the Commission. 302. OGCC Form 1. DESIGNATION OF AGENT Prior to the commencement of its operations, all producers, operators, transporters, refiners, gas- - oline or other extraction plant operators, and initial purchasers who are conducting operations sub- ject to this Act in the State of Colorado, shall, for purposes of the Act, file a"Designation of Agent" with the Director in the manner and form approved by the Commission. Any producer, operator, transporter, refiner, gasoline or other extraction plant operator, and initial purchaser conducting • operations subject to the Act who has not previously filed a"Designation of Agent" shall do so. All changes of address of the Agent, and any termination of the Agent's authority, shall be immediately reported in writing and, in the latter case, the designation of a new Agent or Agents shall be immediately made. 7 303. OGCC Form 2. APPLICATION FOR PERMIT TO DRILL, DEEPEN, OR RE-ENTER AND OPERATE Before any person shall commence operations for the drilling or reentry of any well, such person shall file with the Director an application on Form 2 fora permit to drill,along with a filing and service fee of Seventy-five Dollars ($75), and must secure the Directors approval before proceeding with • such operation. Wells drilled for stratigraphic information only shall be exempt from paying the filing and service fee. The re-entry of a well in a unitized, storage, or secondary recovery operation is exempt from the provisions of this rule and notice of intent to re-enter a well shall be filed on an OGCC Form 4, Sundry Notice. Before any person shall commence operations for the deepening of a well to any source of supply other than the existing producing horizon or for the re-entry of a well, such person shall file an application on Form 2 and secure approval of the Director. Form 2 shall be filed in duplicate for wells on all Patented and Federal lands, and in triplicate for wells on all State lands. An accurate plat or map showing the location of the well, location of any occupied building, public road or above-ground utility and showing measurements necessary for the determination thereof shall be filed with the Director. The plat shall show section, township and range with north direction indicated and distances from the well to the nearest north/south and east/ west section lines. Unless operations are commenced within one hundred twenty (120) days after the date of approval, the permit will become null and void; however, for good cause shown, the Director may grant an extension not to exceed an additional one hundred twenty (120) days, if requested prior to the date of expiration. In the event that the owner requests revisions to the approved permit, which the Director con- siders to be significant,an amended Form 2 must be filed with the Director for approval.The amend- ed application will be assigned the same permit number as the original The Director may withhold the issuance of a permit and the granting of approval of any"Applica- tion for Permit to Drill, Deepen,or Re-enter and operate any well or proposed well that is located in an area for which an application has been filed for hearing to establish drilling units,'or the Commis- sion on its own motion has called the hearing.Such hearing is to be held within a reasonable time,not to exceed sixty(60) days from the date on which the application was received for a permit; except, however, the Director shall give special consideration to the issuance of a permit where an owner files a sworn statement and demonstrates therein to the Directors satisfaction that on the date said application for drilling units was filed that a He had the right or obligation under the terms of an existing contract to drill said well; and • b. He has a leasehold estate or a right to acquire a leasehold estate under said contract which will be terminated unless he is permitted to commence the drilling of said well before the matter of spac- ing can be fully heard and determined by the Commission. The Director may also withhold permits for wells offsetting previously spaced areas and the Com- mission shall call a hearing within a reasonable time not to exceed sixty(60) days. Special considera- tion will be given to the issuance of a permit as is covered above in (a) and (b). The operator or drilling contractor shall give notice to the surface tenant not more than six (6) weeks nor less than five (5) days before commencing earthwork for drilling operations. 304. OGCC Form 3. BONDING REQUIREMENTS a. Except where a bond in satisfactory form has been filed by the owner in accordance with Federal or Indian lease requirements, and evidence has been furnished to the Director that such bond has been filed with,and approved by the appropriate agency,the Commission, prior to commencement of operations,shall require from the owner a good and sufficient bond,or other security approved by the Director in the sum of not less than $5,000,payable to the State of Colorado,conditioned that the well upon abandonment shall be plugged in accordance with the rules and regulations of the Com- mission,all pits filled and all surface debris removed.Said bond shall remain in force and effect until the plugging of said well is approved by the Director,a new bond is filed by a successor in interest,or the bond is released by the Director.The Commission may require the successor operator of a well to replace the previous operat.xrs security within thirty(30) days after taking over operations. It is pro- vided, however,that any owner in lieu of such bond, may file with the Director a good and sufficient blanket bond in the principal sum of not less than S30,000,covering all wells drilled or to be drilled in the State of Colorado by the principal in said bond,and upon acceptance and approval by the Direc- tor of such blanket bond,said bond shall be considered as compliance with the foregoing provisions requiring an individual well bond and, b. Prior to entering the site with heavy equipment, the operator shall negotiate with the surface owner for the payment of any damages which may be caused by the drilling operation. In the absence of such agreement, except where a bond in satisfactory form has been filed by the owner in accor- dance with State, Federal or Indian lease requirements, and evidence has been furnished to the 8 Director that such bond had been filed with and approved by the appropriate agency,the Commis- sion, prior to commencement of operations, in instances in which the owner of the surface is not a party to the oil and gas lease,or a party to a surface damage agreement,shall require from the lessee a • good and sufficient bond payable to the State of Colorado, conditioned that (1) Upon completion of drilling operations,such surface owner shall be paid for unreasonable crop losses or land damage resulting from use of the premises by the lessee. (2) Upon abandonment of the well, the surface of the land shall be restored as nearly as possi- ble,to its condition at the beginning of the lease,or in accordance with a written agreement of the owner of the surface of such land. (3) Such bond or other security approved by the Director shall be in the sum of not less than $2,000, for a well drilled on land that is not irrigated and not less than $5,000 for a well drilled on irrigated land, or a blanket bond in the principal sum of not fess than $25,000 covering all wells drilling or to be drilled in the State of Colorado by the principal in said bond,and upon acceptance and approval by the Director of such blanket bond, said bond shall be considered as compliance with the foregoing provisions requiring an individual bond. However,if it is determined by the Director that an individual bond of$2,000 is insuf- ficient to cover the cost of restoration, a bond in a larger amount may be required. Either of said bonds shall remain in force and effect until a release signed by such surface owner is submitted to the Director, a new bond is filed by a successor in interest, or the bond is released by the Director. In lieu of either of such bonds required above,the lessee may submit, prior to commence- ment of operations, a signed release by the surface owner. c.All operators of central disposal facilities as defined in Rule 124, unless otherwise exempted by Rule 325, shall file with the Commission a good and sufficient bond in the amount of $50,000, pay- able to the State of Colorado,conditioned that the facility upon abandonment shall be reclaimed and all materials deposited therein shall be removed. 305. OGCC Form 4. SUNDRY NOTICES AND REPORTS ON WELLS Notice must be given to the Director, and approval obtained in advance of the time the owner or operator expects to recomplete a well, abandon a well, or change plans. Unless a Completion Report, OCCC Form 5,is submitted on a well within sixty(60) days after pro- ® duction casing has been run,notice shall be given to the Director on an OCCC Form 4,Sundry Notice, indicating size and depth of casing run and cement details. Within thirty (30) days after recompletion, plugging back, abandonment, acidizing, shooting, for- mation fracturing, squeezing operations, setting a liner, perforating or other similar operations not specifically covered herein is completed, a report on the operation shall be filed with the Commis- sion on Form 4, in duplicate for wells on Patented and Federal lands, and in triplicate for wells on State lands. Such report shall present a detailed account of the work done and the manner in which such work was performed;the daily production of oil,gas and water,both prior to and after the opera- tion; the size and type of perforations; the quantity and type of materials used in the operation, and any other pertinent information or operations which affect the original status of the well. The abandonment details shall include an account of the manner in which the abandonment or plugging wort,was carried out, including the nature and quantities of materials used in plugging and the location and extent (by depths) of the plugs of different materials; records of the amount, size and location (by depths) of casing and junk left in the well; and a detailed statement of the volume and weight of mud fluid used. In the absence of visual observation of plugging by a member of the OCCC staff, the operator shall submit a cement verification report verified by the person or contrac- tor actually setting the plugs. Such report shall conform with the operator's report and both must show plugging at least as extensively as approved by the Director. 306. OGCC Form 5. WELL COMPLETION OR RECOMPLETION REPORT AND LOG Within thirty (30) days after the completion or recompletion of any well, the owner or operator shall transmit to the Director the Weil Completion or Recompletion Report and Log, Form 5, and copies of all mechanical logs run, One (t) copy shall be submitted for all wells drilled. Completion reports and mechanical logs of exploratory or wildcat wells marked"confidential" by the Director, upon written request of the operator, shall be kept confidential for six (6) months after ' the date of completion, unless the operator gives written permission to release such logs at an earlier date. 307. OGCC Form 7. OPERATOR'S MONTHLY PRODUCTION REPORT Each producer or operator of an oil or gas well shall file with the Commission,within forty-five(45) days after the month in which production occurs, a report on Form 7, containing all information required by said form. 9 308. OGCC Form 8.MILL LEVY On or before September 1, 1984,all producers producing oil or gas,as of July 1, 1984,shall advise the Commission whether they or the purchaser will be responsible for reporting and remitting the levy under the provisions of paragraph (2)(a) Section 34-60-122, C.R.S. 1973, as amended.All pro- ducers of oil or gas commencing after July 1,1984 shall report when submitting OGCC Form 10,Cer- • tificate of Clearance, whether they or the purchaser will be responsible for reporting and remitting the levy. On or before March 1, June 1, September 1 and December 1 of each year, every producer or purchaser,whichever disburses funds directly to each and every person owning a working interest,a royalty interest, an overriding royalty interest,a production payment and other similar interests from the sale of oil or natural gas subject to the charge imposed by Section 34-60-122 C.R.S., 1973, as amended, shall file a return with the Commission showing by lease the volume of oil,gas or coneen- sate produced or purchased during the preceding calendar quarter,including the total consideration due or received at the point of delivery. The person submitting the return shall also submit a list showing the name,address, and percent- age interest of each owner of interest in the lease; except,that no such list need be submitted if the ownership interests have not changed since the last return was submitted. The levy shall bean amount fixed by order of the Commission which may, from time to time, be reduced or increased to meet the expenses chargeable against the oil and gas conservation fund.The present charge imposed, as of May 1, 1986 is one mill ($.001) per dollar value. 309. OGCC Fonn 9. GAS-OIL RATIO AND WATER PRODUCTION REPORT Within thirty (30) days following the completion or recompletion of each well producing oil and gas,and thereafter as the Commission may require,the operator of such well shall make a gas-oil ratio and water production test of such well and the result of such tests shall be reported to the Commis- sion on Form 9 (unless previously submitted on Form 5) within twenty (20) days after the test is made. Certain wells may be excepted from this rule by the Director upon written request 310. OGCC Form 10. CERTIFICATE OF CLEARANCE AND/OR CHANGE OF OPERATOR a. Each producer or operator of any oil or gas well completed after April 30, 1956,shall file with the Commission, within thirty (30) days after initial sale of oil or gas a"Certificate of Clearance and/or Change of Operator", Form 10, in triplicate for each well producing oil or gas or both oil and gas. If requested by the Commission,a Certificate of Clearance shall be filed for any well from which oil,gas or other hydrocarbon is being produced. b. Whenever there shall occur a change in the producer or operator filing the certificate under 310 (a) hereof,or whenever there shall occur a change of transporter from any well within the State,a new • Form 10 shall be executed and filed in accordance with the instructions appearing on such form, except that in the case of temporary use of oil for well treating or stimulating purposes, no new form need be executed and in the case of other temporary change in transporter involving less than the production of one month, the producer or operator may, in lieu of filing a new certificate, notify the Commission and the transporter then authorized by certificate on file with the Commission by letter of the estimated amount to be moved by the temporary transporter,and the name of such temporary transporter and a copy of such notice shall also be furnished such temporary transporter. c. In no instance shall the temporary transporter move any greater quantity than the estimated amount shown in said notice. d. The certificate, when properly executed and approved by the Commission, shall constitute authorization to the pipeline or other transporter to transport the authorized volume from the well named therein;provided that this section shall not prevent the production or transportation in order to prevent waste, pending execution and approval of said certificate. Permission for the transporta- tion of such production shall be granted in writing to the producer and transporter. e. The certificate shall remain in force and effect until: (1) The producer or operator filing the certificate is changed; or (2) The transporter s changed; or (3) The certificate is cancelled by the Commission. 311. OGCC Form 11. MONTHLY REPORT OF GASOLINE OR OTHER EXTRACTION PLANTS All operators of gasoline or other extraction plants shall make monthly reports to the Commission on Form 11. Such forms shall contain all information required thereon and shall be filed with the Commission on or before the twenty-fifth (25th) day of each month covering the preceding month. 312. OGCC Form 12. TRANSPORTERS MONTHLY REPORT All transporters of crude oil off the lease shall make monthly reports to the Commission on Form 12. Such forms shall contain all information required thereon and shall be filed with the Commission on or before the twenty-fifth (25th) day of each month covering the preceding month. 10 313. OGCC Form 13. RESERVOIR PRESSURE TEST.REPORT The Commission may,at its discretion,require subsurface pressure measurements.Whenever such • measurements are made, results shall be reported on Form 13,within twenty(20) days after comple- tion of tests, or submitted on any company form approved by the Director containing the same information. 314A. OGCC Form 14A. MONTHLY REPORT OF FLUIDS INJECTED Except for fluids involved with fracturing,acidizing or other similar treatment elsewhere required to be reported on Form 4, all operators engaged in the injection of fluids into any formation shall file monthly with the Commission a detailed account of such operation on Form 14A, or any company form containing the same information previously approved by the Director.Types of chemicals used to treat injection water, as well as the date of initial fluid injection for new injection wells, are to be reported on said form under"Remarks." The type and amount of fluids received from transporters shall be included on the report. Operators of gas storage projects shall, by March 1 of each year, report to the Director the amount of gas injected and withdrawn for the previous year and the amount of gas remaining in the reservoir as of December 31st of that year. 3148. OGCC Form 148. MECHANICAL INTEGRITY TEST Result; of mechanical integrity tests of injection wells must be submitted within thirty (30) days after the test and shall be complete and accurate. 315. OGCC FORM 15. APPLICATIONS FOR PERMITS TO STORE AND DISPOSE OF WATER PRO- DUCED IN OIL AND GAS OPERATIONS AND OTHER OIL FIELD WASTES IN EARTHEN PITS. Any person intending to construct a pit, receptacle or other surface facility for the storage and dis- posal of water produced in oil and gas operations or other oil field waste, on the lease or at the field location where such water was produced or waste generated,who is an oil or.gas operator producing such water or waste,shall first make application for and receive a permit from the Commission to con- struct such pit,receptacle or other facility unless such facility receives less than five(5) barrels of fluid per day. If such application is for a facility involving more than one operator, a copy of the field operators agreement shall accompany the application. Notice of pits exempted under Rule 325 may be submitted on Form 15; however, approval shall not be required. Application for such permit shall be filed with the Director and contain all information as required in Rule 325. • 316. OGCC Form 16. REPORTS OF TRANSPORTATION OF WATER PRODUCED IN OIL AND GAS OPERATIONS OR OTHER OIL FIELD WASTE OFF OF THE LEASE WHERE PRODUCED OR GENERATED. All oil and gas operators, or transporters handling water produced with oil and gas operations or other oil field waste, including mud, which is transported off of the lease where produced or generated shall make monthly reports to the Commisson on Form 16. Such form shall contain all of the information required thereon and shall be filed with the Commission on or before the twenty- fifth (25th) day of each month covering the preceding month. Information required may be submit- ted on Form 7 by an oil and gas operator with the name of the transporter and central or commercial disposal facility indicated under remarks. 3t7. GENERAL DRILLING RULES Unless altered, modified or changed,for a particular pool or pools, upon hearing before the Com- mission the following shall apply to the drilling of all wells. a.When drilling a wildcat well or in any field where high pressures are likely to exist,the owner shall take all necessary precautions for keeping the well under controtat all times,and shall provide at the time the well is started, proper high pressure fittings and equipment under such conditions the con- ductor string of casing must be cemented throughout its length, unless another procedure is authorized or prescribed by the Director, and all strings of casing must be securely anchored. b. In all proven areas, the use of blow-out prevention equipment shall be in accordance with the established practice in the area. c. In unproven areas, all drilling wells (wildcat wells) shall be equipped with a master-gate or its equivalent, an adequate blow-out preventer,together with choke and kill line or lines of the proper size and working pressure.The entire control equipment shall be maintained in good working condi- tion at all times. d. Unless authorized by the provisions of Rule 321, all wells shall be so drilled that the horizontal distance between the bottom of the hole and the location at the top of the hole shall be at ail times a practical minimum. e. The operator or drilling contractor shall give notice to the surface tenant not more than six (6) • weeks nor less than five (5) days before commencing earthwork for drilling operations. Before commencing to drill, proper and adequate slush pits shall be constructed for the reception and confinement of mud and cuttings and to facilitate the drilling operation.Special precautions shall be taken to prevent contamination or pollution of state waters. 11 f. Casing program adopted for each well must be so planned as to protect any potential oil or gas bearing horizons penetrated during drilling from.infiltration of injurious waters from other sources, and to prevent the migration of oil or gas from one horizon to another. g. In areas where pressure and formations are'unknown, sufficient surface casing shall be run to reach a depth below all known or reasonably estimated utilizable domestic fresh water levels and to prevent blowouts or uncontrolled flows and shall be of sufficient size to permit the use of an inter- mediate string or strings of casings. Surface casing shall be set in or through an impervious formation and shall be cemented by pump and plug or displacement or other approved method with sufficient cement to fill the annulus to the top of the hole, all in accordance with reasonable requirements of the Director. (See also Section ii. h. In wells drilled in areas where subsurface conditions have been established by drilling experience,surface casing,size at the owners option,shall be set and cemented to the surface by the pump and plug or displacement or other approved method at a depth sufficient to protect all fresh water and to insure against blowouts or uncontrolled flows. (See also Section i.). i. In areas where fresh water aquifers are of such depth as to make it impractical or uneconomical to set the full amount of surface casing necessary to comply fully with the requirement to cover or isolate all fresh water strata as required in (g) and (h), the owner may, at it's option, comply with this require- ment by stage cementing the production string so as to accomplish the required result. If unan- ticipated fresh water aquifers are encountered after setting the surface pipe they shall be protected or isolated by stage cementing the production string with a solid cement plug extending from 50 feet below each fresh water aquifer to 50 feet above said fresh water aquifer or by other methods approved by the Director in each case. If no production string is set and there are fresh water aquifers below the surface pipe then a solid cement plug shall be extended from 50 feet below the bottom of each fresh water aquifer to 50 feet above said fresh water aquifer or in such a manner as to confine the fluids in the formation in which they were encountered and shall be placed when plugging or abandoning the well;any other rules to the contrary notwithstanding. j. If,and when a production string is run,such production string shall be cemented by the pump and plug method with sufficient cement to shut off and exclude all alien waters from oil and/or gas bear- ing stratum penetrated. Cement must be placed a minimum of 200 feet above the top of the anticipated production stratum. The string shall be properly tested by the pressure method before plugs are drilled or the stratum perforitted. Ic All cemented casing strings shall stand under pressure until the cement under good oil field prac • - tices should have reached a compressive strength of 500 pounds per square inch,provided,however, that no tests shall be commenced until the cement has been in place for at least eight(8) hours.The term"under pressure" as used herein will be complied with if one float valve is used or if pressure is otherwise held. I, In the event drilling operations are suspended before production string is run, the Commission shall be notified immediately and the owner shall take adequate and proper precautions to assure that no alien water enters oil or gas strata, nor potential fresh water aquifers during such suspension period or periods. If alien water is found to be entering the production stratum or strata during completion testing or after the well has been put on production, the condition shall be promptly remedied. m. Natural gas which may be encountered in a substantial quantity in any section of a cable tool drilled hole above the ultimate objective shall be shut off with reasonable diligence either by mudding or by casing, or other approved method,and confined to its original source.Any gas escaping from the well during drilling operations shall be, so far as practicable, conducted to a safe distance from the well site and burned. n. If a well is deepened for the purpose of producing oil and gas from a lower stratum,such deepen- ing to and completion in the lower stratum shall be conducted in such a manner as to protect all upper productive strata. o. Whenever applicable, and after proper notice and hearing. the Commission intends to issue field-wide or area-wide orders covering the general drilling rules,or without a hearing under authority granted to the Director. p. If the well is abandoned, the surface must be reclaimed, all pits filled and all debris removed. 318. LOCATION OF WELLS All wells drilled for oil or gas to a common source of supply in excess of 2,500 feet in depth shall be located not less than 600 feet from any lease line;and shall be located not less than 1,200 feet from any other producible or drilling oil or gas well when drilling to the same common source of supply, unless authorized by order of the Commission upon hearing provided and except that in drilling to a • known common source of supply that is less than a depth of 2,500 feet below the surface,the well 12 shall be located not less than 200 feet from any lease line,and not less than 300 feet from any other producible oil or gas well, or drilling well, in said source of supply, unless authorized by order of the Commission;provided,however,that the completed depth of the discovery well shall be recognized as the depth of the pool for spacing purposes; provided further that the Commission may grant an exception to the requirements of this rule because of topographical conditions and irregular sections; provided further, that the Director may grant exceptions to this rule where the owners proposing to drill a well,file with the Commission a waiver or consent signed by the lease owner toward whom the well location is proposed to be moved, agreeing that said well may be located at the point at which the owner proposes to drill the well and where correlative rights are protected; provided that if the owner of the proposed well is also the owner of the lease on the property toward which the well is proposed to be moved, a waiver shall be obtained from the mineral interest owner of the lands covered by the offset lease. If a waiver cannot be obtained or the parties cannot reach an agreement, the operator may apply to the Director for relief from this requirement. This rule shall not apply to authorized secondary recovery projects; provided further that this rule shall apply to fracture or crevice production found in shale, except from fields previously exempt from this rule; provided further that in a unit operation, approved by Federal or State authorities, the rules herein set forth shall not apply except that no well in excess of 2,500 feet in depth shall be located less than 600 feet from the exterior or interior (if there be one) boundary of the unit area and no well less than 2,500 feet in depth below the surface shall be located less than 200 feet from the exterior or interior (if there be one) boundary of the unit area unless otherwise authorized by the order of the Commission after proper notice to owners outside the unit area. No well drilled for oil or gas shall be located within 200 feet of a shaft or entrance to a coal mine not definitely abandoned or sealed, nor shall such well be located within 100 feet of any mine shaft house, mine boiler house, mine engine house, or mine fan; and the location of any proposed well must insure that when drilled it will be at least fifteen (15) feet from any mine haulage or airway. 319. ABANDONMENT The requirements for abandoning a well shall be as follows: 411 a. Plugging. (1)A dry or abandoned well,seismic, core,or other exploratory hole,must be plugged in such a manner that oil, gas, water, or other substance shall be confined to the reservoir in which it originally occurred. The material used in plugging,whether mud-laden fluid, cement, mechani- cal plug,or some other suitable material, must be placed in the well in a manner to permanently prevent migration of oil,gas,water, or other substance from the formation or horizon in which it originally occurred. (2) The operator shall have the option as to the method of placing cement in the hole by (1) dump bailer,(2) pumping through tubing or drill pipe, (3) pump and plug,or(4) other method approved by the Director. (3) No substance of any nature or description other than normally used in plugging operations shall be placed in any well at any time during plugging operations. (4) In order to protect the fresh water strata, no surface casing shall be pulled from any well unless authorized by the Director. (5)All abandoned wells shall have a plug or seal placed at the surface of the ground or the bot- tom of the cellar in the hole in such manner as not to interfere with soil cultivation or other sur- face use. The top of the pipe must be sealed with a screw cap, cement plug, or by other approved method, or in the alternative be marked with a permanent monument which shall consist of a piece of pipe not less than four(4) inches in diameter and not less than ten(10)feet in length, of which four (4) feet shall be above the general ground level,the remainder to be imbedded in cement or to be welded to the surface casing. (6) The operator must obtain approval of plugging method prior to plugging, and shall notify the office of the Commission of the estimated time and date the plugging operation of any well is to commence, and identify the depth and thickness of all known or potential aqifers. (7) Wells Used for Fresh Water.When the well, seismic, core,or other exploratory hole to be plugged may safely be used as a fresh water well,and such utilization is desired by the landown- er, the well need not be filled above the required sealing plug set below fresh water, provided that written authority for such use is secured from the landowner and,in such written authority, • the landowner assumes the responsibility to plug the well upon its abandonment as a water well in accordance with these rules. Such written authority and assumption of responsibility shall be filed with the Commission, provided further that the landowner furnish a copy of the permit for a water well approved by the Division of Water Resources. 13 (8) Upon abandonment, all pits, mouse and rat holes and cellars shall be backfilled, debris and surface equipment removed and the location graded as soon as weather and pit conditions will permit however, all such reclamation work shall be completed within six (6) months of plugging a well.The Director may grant an extension to this time if unusual circumstances are • encountered but every reasonable effort shall be made to complete reclamation before the next local growing season. b. Shut-in and Temporary Abandonment (1) A well may be shut-in or temporarily abandoned when completed, upon approval of the Director for a period not to exceed six months provided the hole is cased or left in such a man- ner as to prevent migration of oil,gas,water or other substance from the formation or horizon in which it originally occurred. All shut-in or temporarily abandoned wells shall be closed to the atmosphere with a sledge and valve or packer, or other approved method. The well sign shall remain in place. If an operator requests shut-in or temporary abandonment status in excess of six(6) months he shall state the reason for requesting such extension and state plans for future operation.A Sundry Notice,OCCC Form 4,or other form approved by the Director,shall be sub- mitted every six (6) months stating the status of the well and plans for future operation. (2) The manner in which the well is to be maintained should be reported to the Commission, and bonding requirements,as provided for in Rule 304, kept in force until such time as the well is permanently abandoned. (3) A well which has ceased production or is incapable of production shall be abandoned within six(6) months thereafter unless the time is extended bythe Director upon application by the owner. The application shall indicate why the well is shut-in and future plans for utilization. In the event the well is covered by a blanket bond,the Director may require an individual plug- ging bond on the shut-in or temporarily abandoned well.Gas storage wells are to be considered active at all times unless physically plugged. 320. LIABILITY The owner and operator of any well drilled for oil or gas, or any seismic, core, or other exploratory holes, whether cased or uncased, shall be liable and responsible for the plugging thereof in accor- dance with the rules and regulations of the Commission. 321. DIRECTIONAL DRILLING Before beginning controlled directional drilling, other than whipstocking due to hole conditions, • when the intent is to direct the bottom of the hole away from the vertical,notice of intention to do so shall be filed with the Director and approval obtained.Such notice shall state clearly the depth,exact surface location of the well bore, proposed direction of deviation,and proposed horizontal distance between the bottom of the hole and surface location. If approval is obtained,the owner shall file with the Commission, within thirty (30) days after the end of drilling, an accurate and complete copy of the survey made. 322. MULTIPLE ZONE COMPLETIONS OR COMMINGLING IN ONE WELL BORE The multiple zone completion of a well for the production of oil or gas,or either of them,from more than one pool from one well without segregation of such production, may be approved by the Direc- tor upon application therefore,except as herein provided.The application shall be accompanied by an exhibit showing the location of all wells on adjacent premises and all offset wells on adjacent lands, and shall set forth all material facts involved and the manner and method of completion pro- posed, including a diagramatic sketch of the mechanical installation for multiple zone completion. Notice of the application shall be given by the'applicant by registered or certified mail,or by deliver- ing a copy of the application to each producer within one-half(1/2) mile of the well in which the mul- tiple zone completion is to be attempted, or in which the production is to be commingled. In the event no producer within one-half(1/2) mile of the well,or the Commission itself,files writ- ten objection or complaint to the application within fifteen (15) days of the date of application,then the application shall be approved; but,if any producer within one-half(1/2) mile of said well,or the Commission itself, files written objection within fifteen (1 S) days of the date of application; then a hearing shall be held as soon as practicable. 323. OPEN PIT STORAGE OF OIL OR HYDROCARBON SUBSTANCES Storage of oil or any other produced liquid hydrocarbon substance in earthen pits or reservoirs is considered to constitute waste, except in emergencies where such substances cannot be otherwise contained. in such cases,these substances must be reclaimed and such storage eliminated as soon as practicable after the emergency is controlled, unless special permission to delay or continue is obtained from the Director. • 14 324k POLLUTION a The owner shall take such precautions as are necessary to prevent polluting the waters of the state, surface or subsurface, by oil, gas, salt or brackish water or other oil field wastes. No discharge ® shall be made from any disposal system or otherwise into the waters of the state which shall be below the water quality standard fixed by the Water Quality Control Commission for such discharge. b. No owner, in the conduct of any oil or gas operation shall perform any act or practice which shall constitute a violation of any comprehensive plan adopted by the Water Quality Control Commission for the prevention, control and abatement of pollution of the waters of the state. (See Rule 504 for the procedure to be followed in the event of an alleged violation of this rule.) c. No owner, in the conduct of any oil or gas operation,shall perform any act or practice which shall constitute a violation of any comprehensive plan adopted by the Air Quality Control Commission for the prevention, control and abatement of pollution of the air of the state. d. No injection shall be authorized pursuant to Rule 326 or Rule 401 unless the person applying for authorization to conduct the injection activities demonstrates that those activities will not result in the presence in an underground source of drinking water of any physical, chemical, biological or radiological substance or matter which may cause a violation of any primary drinking water regulation in effect as of July 12, 1982 and found at 40 C.F.R. Part 142,as amended,or may otherwise adversely affect the health of persons. An underground source of drinking water is an aquifer or its portion: (1)(a) which supplies any public water system; or (b) which contains a sufficient quantity of ground water to supply a public water system; and (i) currently supplies drinking water for human consumption; or (ii) contains fewer than 10,000 milligrams per liter total dissolved solids; and (2) which is not an exempted aquifer. e. No person shall accept water produced from oil and gas operations, or other oil field waste for disposal in a commercial disposal facility,without first obtaining a Certificate of Designation from the County in which such facility is located, in accord with the regulations pertaining to solid waste dis- posal sites and facilities as promulagated by the Colorado Department of Health. 324B. EXEMPT AQUIFERS a An aquifer or a portion thereof may be designated by the Director or the Commission as an • exempted aquifer,in connection with the filing of an application pursuant to Rule 326 or Rule401 if it meets the following criteria: (1) it does not currently serve as a source of drinking water; and (2) it cannot now and will not in the future serve as a source of drinking water because: (a) it is mineral, hydrocarbon or geothermal energy producing, or can be demonstrated by a person filing an application pursuant to Rule 326 or Rule 401 to contain minerals or hydrocar- bons that considering their quantity and location are expected to be commercially producible; (b) it is situated at a depth or location which makes recovery of water for drinking water pur- poses economically or technologically impractical; (c) it is so contaminated that it would be economically or technologically impractical to render the water fit for human consumption; or (3) the total dissolved solids content of the ground water is more than 3,000 and less than 10,000 milligrams per liter and it is not reasonably expected to supply a public water system. b. Prior to designating an aquifer or a portion thereof as an exempted aquifer, the Director shall publish a notice of proposed designation in a newspaper of general circulation serving the area where the aquifer is located.The notice shall identify such aquifer or portion thereof which the Director pro- poses to designate as exempted,and shall state that any person who would be aggrieved or adversely affected by the designation may request the Commission to hold a hearing thereon. If,within thirty(30) days after publication otethe aforementioned notice,the Commission does not receive a hearing request which indicates that there is a significant degree of public interest in a hear- ing on the designation of an aquifer or a portion thereof, said aquifer or portion shall be considered exempted thirty (30) days after publication of the notice. If,within thirty(30) days after publication of the notice,the Commission receives a hearing request which indicates there is a significant degree of public interest in a hearing on the designation of an aquifer or a portion thereof as exempted,the Commission shall hold such a hearing in accord with the • provisions of C.R.S. 1973, 34-60.108, as amended, and shall make a final determination regarding designation. 15 325. DISPOSAL OF WATER PRODUCED WITH OIL AND GAS OPERATIONS OR OTHER OILFIELD WASTE - (INCLUDES RETAINING PITS) • No water produced from an oil or gas well or other oil field waste other than that disposed of in a commercial facility shall be disposed of in any manner other than as set forth on this rule or by subsur- face injection as provided for in Rule 326 and Rule 401; however, the Director may approve other • methods of disposal of other materials which will not cause pollution as defined in Rule 119. Retaining pits for the storage and disposal of produced water shall have adequate storage capacity and be kept free of oil or other liquid hydrocarbon substances to the extent reasonably possible.Sur- face accumulations of oil or liquid hydrocarbon substances found in a retaining pit must be removed within ten (10) days of discovery thereof if required by the Director. If the Director finds that the waters to be contained in any retaining pit is of such a quality as to cause pollution,as defined in Rule 119,if they were to reach any waters of the State,the pit shall be constructed,maintained and operated so as to prevent any surface discharge at directly or indirectly may reach the waters of the State, unless a discharge permit has been obtained from the Water Quality Control Division, and shall be constructed so as to prevent pollution as determined by the Director where the underlying soil conditions are such as to permit such seepage to reach subsurface domes- tic water supplies. If the Director shall determine that domestic water supplies immediately underlie significant geographical areas and are not separated from the surface by a confining layer, he shall identify such areas,and shall propose to the Commission that they adapt a rule to require all retaining pits includ- ing those pits otherwise exempted in this rule, located in those areas be lined and properly construct- ed so as to prevent pollution. Such information shall be made available to interested parties upon action of the Commission, Whenever applicable, the Commission, on its own motion, or on application of an operator in a field, may issue field-wide rules covering retaining pit construction and operation. In the interest of saving both time and expense for the operators and the Commission;wherever possible or applicable the first operator in a field or area to file an application will seek the cooperation of other interested operators and present a field-wide or area-wide plan. The following provisions shall apply to the construction and use of all retaining pits or surface dis- posal facilities constructed and operated by one or more of the oil and gas operators on the property or in the field in which facilities are to be utilized for the storage and/or disposal of produced water and oil field wastes. These requirements shall not apply to facilities for temporary storage and dis- posal of substances produced in the initial completion and testing or workover of wells drilled for oil • and/or gas for a period of time not in excess of ninety (90) days or producing facilities where the volume of water to be disposed of does not exceed five (5) barrels per day on a monthly basis, or commercial facilities, and/or blowdown pits used only for clearing lines.An operator shall submit an application as otherwise required in these regulations in the event that such facility begins to pro- duce in excess of five(5) barrels per day on a monthly basis.The period of time for temporary storage and disposal may be extended by the Director for testing and completion purposes provided such operation does not result in pollution. The following additional information must beincluded with all applications submitted in accord with Rule 315: 1.A legal description of the location of the proposed pit or facilities to the nearest ten (10)- acres. 2.Schematic sketch or plan showing the complete battery for storage or metering and produc- ing system used in connection with the proposed retaining pit, including the land and location of final separation facilities required in Rule,328,for an on-site pit;or,the unloading,separating, storage and evaporation facilities for a central disposal facility. 3. A map showing the location of all natural streams, lakes or ponds, all man-made ditches, wells and irrigation systems within one-half(1/2) mile of the proposed facility.The area mapped should be of sufficient size and detail to determine the surface drainage system. Use of a USGS or similar topographic map upon which to depict the information requested is usually accept able‘and desirable for this requirement however,the scale shall be no smaller than 1:24000 A list of ells including location,depth and yield can be obtained at the Colorado Division of Water R ources. 4. A gen ral description of the nature of the soil on which the pit is to be constructed and of the strata b tween the bottom of the pit and the top of the nearest domestic water supply below the pit,if one exists,whether such source is actually currently being used or not Percola- tion tests may required, by the Director in some cases. • 16 5.A statement of the amount and source of water or waste to be received daily by the facility, both initially and at full capacity, together with an estimate of the evaporation rate for the area compensated for by annual rainfall. Calculations used in design of the various structures • shall be submitted. 6.A chemical analysis of the water to be stored and of the domestic water supply next below the pit or facilities if not separated by a natural impermeable barrier.This requirement may be waived where similar analyses have been previously submitted to the Commission for water produced from the same formation or domestic water supply,provided such analyses are within a radius of five miles.The chemical analysis of water shall include all of the information specified on API Form 45-1,API Water Analysis Report Form,and shall be made by a qualified laboratory. Note:The Director's office has analyses of many of the State's waters produced from oil and gas operations, as well as domestic water supplies, which are available). 7.The operator of any facility,whether on-site or central field facility which at full capacity,will receive in excess of one hundred (100) barrels of fluid per day,and with a total dissolved solids content of five thousand (5,000) milligrams per liter, or greater, shall furnish in addition to the above the following information: (a) In the event the underlying soil is permeable, the type of material to be used in lining and constructing the pit and the method of construction. The material used in lining pits, when such lining is required, must be impervious, weather-resistant, and resistant to deterioration when contacted by hydrocarbons, aqueous acids, alkalies, fungi or other sub- stances likely to be contained in the produced water or waste. (b) The method to be employed for the detection of leaks and plans for corrective action should a leak occur in the liner. The method may be an underlying gravel-filled sump and lateral system,or other suitable devices for the detection of leaks,and shall include monitor- ing wells, or provide such other suitable devices for the detection of leaks. (c) Notify the Commission forty-eight (48) hours prior to placing any fluids into the pit so that the Director or the Director's representative may have the opportunity to inspect the leak detection system prior to installation of the liner, and to inspect the liner and cover material after installation (d) The method for periodic disposal of precipitated solids. (e) A copy of the application with all additional information required shall be forwarded by • the applicant to the county in which the facility is to be located.The County Commissioners may submit to the Commission within thirty (30) days after receipt of such material, their comments with respect to the application. If the comments include a requirement that a Cer- tificate of Designation is required rather than being waived, the comments shall include the • specific reasons for such requirement If a Certificate of Designation is to be required, the Commission shall not issue a permit until such Certificate of Designation has been issued or until the expiration of ninety(90) days from the date of receipt of application by the county, whichever comes first Comments on applications for which a Certificate of Designation is not required shall be reviewed by the Commission within thirty (30) days of receipt A variance from the provisions of(a) thru(d) may be granted if the applicant can provide suffi- cient information which shows that a facility will not cause pollution without meeting such requirements. 8.Any other pertinent information showing that anticipated operation of the proposed facility will not violate the provisions of the Colorado Water Quality Control Act C.R.S. 1973, sections 25-8-101, et. seq. 9. Any operator of a facility proposing to discharge fluids into waters of the State, shall first obtain from the Water Quality Control Division a discharge permit for such operation. Operators of central disposal facilities in operation March 19,1984, may continue with such opera- tion, but must apply to the Director for a permit before May 1, 1984.Such application shall conform with all the requirements of the application for new facilities as set out above,and such facilities shall conform to all standards for new facilities and must be brought into compliance with the standards for new facilities no later than July 1, 1984;except that operation not in compliance with such standards may continue until, but not beyond September 1, 1984, unless extended by the Director for good cause, so long as such non-compliance does not cause or contribute to pollution of any state waters. All transporters of produced water or other field wastes shall register with the Commission listing • their name,address and phone number,the capacity and type of equipment used,the PUC number, if one has been issued, and the general area in which they intend to operate. 17 No person shall close an approved central disposal facility without notifying the Director,in writing, at least sixty(60) days in advance of the closure date.The closure shall be in a manner determined by the Director to prevent pollution or nuisance conditions beyond the site boundary. If,after review of the information and plan of operations submitted in accord with this section,the Director determines that the operations of such pit or facility will not cause pollution as defined in Rule 119, he may issue the permit however, on request by any interested party, the Commission shall hold hearings on a permit application. The Director may require such modification or changes in the owner's plans as he deems necessary to insure compliance with the requirements of the regulations including, but not limited to, adding requirements for lining or waterproofing of treatment and retaining pits, chemical or other water treatment, installation of monitoring wells or systems, and provisions for reporting and any other reasonable requirements that will assure or promote the accomplishment of the overall objectives of the regulations. The Commission may establish forms as are needed for the reporting as required above,and mod- ify such forms from time to time, as experience dictates. 326. UNDERGROUND DISPOSAL OF WATER a. No person shall commence operations for the underground disposal of water,or any other fluids, into a Class iI well, or any well regulated by the Commission, nor shall any person commence con- struction of such a well,without having first obtained written authorization for such operations from the Director. Class II well means,"Class II well"as defined by 47 Fed.Reg. 4997 (February 3, 1982) Ito be codified in 40 C.F.R. section 122.321, and does not include subsequent amendments to that definition. Persons wishing to obtain authorization to conduct underground disposal activities shall file an application for authorization with the Director. The application shall include the following information: (1) A plat showing location of disposal well or wells and the location of all oil and gas wells, including abandoned wells and dry holes of public record, and names of the owners of record indicating whether they are surface owners, mineral interest owners or working interest owners within one-quarter(1/4) mile of the proposed disposal well or wells,or all the owners of record in the field if a field-wide system is proposed.These owners with their respective ownerships shall be specifically indicated on the plat.The applicant shall also include information regarding the need for remedial action on wells penetrating the injection zone within one-quarter (1/4) • mile of the proposed disposal well or wells, which the applicant may or may not operate and a plan for the performance of any such remedial work Remedial action shall be required for any well within one-quarter(1/4) mile of the proposed disposal well or wells in which the injection zone is not adequately confined.The plat or a supplemental plat shall show location and depth of domestic and irrigation wells of public record,within one-quarter(1/4) mile of the proposed disposal well or wells, and a copy of alt plans and specifications for the system and its appurtenances. (2) The name, description and depth of the formation into which water s to be injected,and of all underground sources of drinking water which may be affected by the proposed operation. (3) A resistivity log, run from the bottom of the surface casing to total depth of the disposal well or wells or any well within one (1) mite together with a log from that well that can be cor- related with the injection well. If a disposal well is to be drilled, a description of the typical stratigraphic level of the disposal formation in the disposal well or wells,and any other available logging or testing data, on the disposal well or wells. (4) A description of the casing in the disposal well or wells, or the proposed casing program, including a schematic drawing of the surface and subsurface construction details of the system, and a full description of cement jobs already in place, or as proposed. (5) A statement specifying the source of water by lease,operator,location and producing for- mation; an analysis of water to be injected, and any proposed treatment and, an analysis or determination of the salinity of the water in the reservoir or reservoirs into which the water is to be injected. (if the total dissolved solids in the water in the injection zone is less than 10,000 milligrams per liter, the aquifer must be exempted in accord with Rules 3248.) (6) Any proposed stimulation program. (7) The estimated minimum and maximum amount of water to be injected daily with anticipated injection pressures and known or calculated fracturing pressure of the disposal for- mation. Maximum injection pressure will be set by the Director upon approval. 18 (8) The names and addresses ot those persons notified by the applicant, as required by paragraph e. of this rule_ b. Prior to application approval, the proposed disposal well must satisfactorily pass a mechanical • integrity test in accord with Rule 327. c. Application may be made to include the use of more than one (1) disposal well on the same lease, or on more than one lease. Wherever feasible and applicable, the application should contem- plate a coordinated plan for the entire field. d. The designated operator of a unitized or cooperative project shall execute the application. e. Notice of the application shall be given by the applicant by registered or certified mail, or by delivering a copy of the application to each owner of record, including each surface owner within one-quarter(1/4) mile of the proposed well or wells.Such notice shall be mailed to,or filed with the Commission, and the applicant shall certify that notice by registered or certified mail,or by delivery to each of the required owners of record, including surface owners, has been accomplished. The notice shall describe the proposed operation and shall state that a public hearing on the authoriza- tion of the proposed operation may be required before the Commission.The notice shall also state that additional information on the operation for which authorization has been applied may be obtained at the Commission office. f. Any person who would be adversely affected or aggrieved by the authorization of an underground disposal operation may request a public hearing on the proposed authorization by filing with the Commission a written request for such a hearing within fifteen (15) days after the notice of application has been mailed or delivered in compliance with paragraph (d). The Commission shall hold such a hearing if it finds, based upon such request(s), a significant degree of public interest in a hearing. Such hearings shall be conducted in accord with the requirements.of C.R.S. 1973, 34-60- " 108, as amended. 327. MECHANICAL INTEGRITY TESTING (a) For the purpose of this rule, a mechanical integrity test of an injection well is a test designed to determine if: there is a significant leak in the casing, tubing, or packer of the well, and there is significant fluid movement into an underground source of drinking water through vertical channels adjacent to the well bore. a.A mechanical integrity test shall include one of the following tests to determine whether signifi- cant leaks are present in the casing, tubing, or packer; • (1) a pressure test with liquid or gas at a pressure of not less than 300 p.s.i. or the minimum injection pressure, whichever is greater, and not more than the maximum injection pressure; or (2) the monitoring and reporting to the Director,on a monthly basis for sixty(60) consecutive months, of the average casing-tubing annulus pressure, following an initial pressure test; or (3) in lieu of (1) and (2) any test or combinations of tests considered effective by the Director. b. A mechanical integrity test shall include one of the following tests to determine whether there are significant fluid movements in vertical channels adjacent to the well bore: (1) cementing records which shall only be valid for injection wells in existence prior to July 1, 1986; (2) tracer surveys; (3) cement bond log or other acceptable cement evaluation. log: (4) temperature surveys; or (5) in lieu of (1)-(4), any other test or combination of tests considered effective by the Director. c. For purposes of this rule, a"new well" is a well into which fluids may be injected pursuant to authorization granted on or after July 12, 1982. An"existing well" is a well into which fluids may be injected pursuant to authorization granted prior to July 12, 1982. d. No person shall inject fluids into a new well unless a mechanical integrity test on the well has been performed and supporting documents including OGCC From 14B submitted and approved by the Director. Verbal approval may be granted for continuous injection following the test. e. No person shall inject fluids into an existing well on or after July 12, 1987 unless prior to that date a mechanical integrity test has been performed on the well and supporting documents including OGCC Form 146, are submitted and approved by the Director. Verbal approval may be granted for continuous injection following the test f. Following the performance of the initial mechanical integrity test required by paragraphs(e) and 0),additional mechanical integrity tests shall be performed on each well, as long as it is used for the • injection of fluids,at the rate of not less than one test every five(5) years.The first five(5) year period shall commence on the date the initial mechanical integrity test is performed. 19. g. Not less than ten(10) days prior to the performance of any mechanical integrity test required by this rule,any person required to perform the test shall notify the Director,in writing,of the scheduled date on which the test will be performed. • h. Gas Storage wells are exempt from the provisions of this rule:: 328. TREATMENT FACILITIES All effluent from any well shall be treated to separate,to the extent reasonably possible,any oil or gas from any other liquids or impurities and,unless such separation is complete,the discharge there- from as well as any storage tank bottoms drawn off,or the discharge of water from any other source containing any oil, must pass through a final separation.tank,pits or baffling system so designed as to • keep oil or other hydrocarbon substances from Teaching any retaining pit or the waters of the State. if such final separation system shall constitute a portion of any retaining pit, it shall be encompassed in a baffling system so designed as to keep the oil or other hydrocarbon substances from reaching the balance of the retaining pit. Unless covered, these separation tanks, system, pits or portion of any retaining pit used for such final separation shall be of minimum size consistent with the proper functioning for the volumes involved.Water discharge from this final separation facility to any retain- ing pit must come from the bottom of the final separation facility by syphon or otherwise,and water depth above the inlet of the water discharge syphon or outlet line shall always be sufficient to pre- vent oil and hydrocarbon liquids from entering the discharge line. Unnecessarily large accumulations of oil or liquid hydrocarbons on the surface of these separation facilities shall be considered as waste. Any earthen excavation used for conducting such treatment or final separation shall comply with all rules and regulations governing the construction of retaining pits and shall require a permit as is pro- vided for under Rule 325. 329. OPEN FLOWS, CONTROL OF "WILD" WELLS AND SPILLS The owner shall take all reasonable precautions in addition to fully complying with Rule 317 to pre- vent any oil, gas or water well from blowing uncontrolled or"wild" and shall take immediate steps and exercise due diligence to bring under control any such wild well, burning oil or gas well, or spill and shall report such occurence to the Director immediately if public health or safety is jeopardized. Within fifteen (15) days after all occurrences the operator shall submit a report giving all details. • 330. MEASUREMENT OF OIL The volume of production of oil shall be computed in terms of barrels of clean oil on the basis of properly calibrated meter measurements or tank measurements of oil-level differences, made and recorded to the nearest one-quarter (1/4) inch of 100% capacity tables, subject to the following corrections: a. Correction for Impurities. The percentage of impurities (water, sand and other foreign substan- ces not constituting a natural component part of the oil) shall be determined to the satisfaction of the Director, and the observed gross volume of oil shall be corrected to exclude the entire volume of such impurities_ b. Temperature Correction. The observed volume of oil corrected for impurities shall be further corrected to the standard volume of 60°F. in accordance with A.S.T.M. 0-1250 Table 7, or any revisions thereof and any supplements thereto or any close approximation thereof approved by the Director. c.Gravity Determination.The gravity of oil at 60°F.shall be determined in accordance with A.S.T.M. D-1250 Table 5, or any revisions thereof and any supplements thereto or any close approximation thereof approved by the Director. 331. MEASUREMENT OF GAS Production of gas of all kinds shall be measured by meter unless otherwise agreed to by the Direc- tor. For computing volume of gas to be reported to the Commission,the standard pressure base shall be 14.73 psia, regardless of atmospheric pressure at the point of measurement, and the standard temperature base shall be 60°F.All volumes of gas to be reported to the Commission shall be adjust- ed by computation to these standards, regardless of pressures and temperatures at which the gas was actually measured, unless otherwise authorized_by the Director. 332. VACUUM PUMPS ON WELLS The installation of vacuum pumps or other devices for the purpose of imposing a vacuum at the • wellhead or on any oil or gas bearing reservoir may be approved by the Director upon application 20 therefore, except as herein provided. The application shall be accompanied by an exhibit showing the location of all wells on adjacent premises and all offset wells on adjacent lands,and shall set forth • all material facts involved and the manner and method of installation proposed. Notice of the application shall be given by the applicant by registered or certified mail, or by delivering a copy of the application to each producer within one-half (1/2) mile of the installation. In the event no producer within one-half(1/2) mile of the installation or the Commission itself files written objection or complaint to the application within fifteen (15) days of the date of application, then the application shall be approved,but if any producer within one-half(1/2) mile of said installa- tion or the Commission itself files written objection within fifteen(15) days of the date of application, then a hearing shall be held as soon as practicable. 333. USE OF GAS FOR ARTIFICIAL GAS LIFTING Gas may be used for artificial gas lifting of oil where all such gas returned to the surface with the oil is used without waste. Where the returned gas is not to be so used,the use of gas for artificial gas lift- ing of oil is prohibited unless otherwise specifically ordered and authorized by the Commission upon hearing. 334. VARIANCES Variances to the above rules and regulations may be granted by the Director upon written request and a showing by the applicant that the requested variance will not violate the basic intent of the regulation. No variance to the rules and regulations applicable to the Underground Injection Control Program will be granted by the Director without concurrence of the U.S. Environmental Protection Agency, Region VIII, Waste Water Management Division Director. 335. SEISMIC OPERATIONS a. Exploration not requiring the drilling of shotholes: A notice of intent to conduct seismic exploration shall be submitted to the Commission at least seven (7) days prior to commencement of the data recording operations.Any change of plans or line locations may be implemented without Commission approval provided that after such change is per- formed, the Commission shall receive written notice of the change within five (5) days. • The above said notice must include: method of exploration,a map,the scale at least one-half(1/2) inch to the mile showing sections, townships and ranges, showing the proposed seismic lines, the name and permanent address of the client,the name and permanent address of the seismic contrac- tor.The name,address and telephone number of the seismic contractors local contact shall be made available as soon as determined. A notification of completion shall be submitted to the Commission within sixty (60) days after the completion of the project b. Exploration requiring the drilling of shot holes: _ (1) Notice of intent to conduct seismic shot hole operations_ A Notice of intent to commence drilling of shot holes shall be submitted to the Commission at least seven (7) days prior to beginning drilling operations. However, in changes in plans, notice may be given orally, provided that within five(5) days after giving verbal notice,the operator shall file written notice as provided above. ' (2) The seismic notice must include the following information: (a) Outline of the project including: project dates, a topographic map, the scale at least one-half (1/2) inch to the mile showing sections, townships and ranges showing location of lines, the number of shot holes, approximate depth of holes and approximate size of pro- posed explosive charges. (b) The name and permanent address of the client company responsible for the operation. (c) The name and permanent address of the seismic contractor as well as the name,address and telephone number of the seismic contractors local contact If the local contact informa- tion is not available at the time when the notice of intent is given,it shall be made available as soon as determined. (d) A description of the hole plugging procedures to be used. (e) A description of the identifying mark to be used on hole plugs. (0 Any request to deviate from the general plugging and operations procedure which is outlined in this rule. (g) The seismic notice shall be in effect for six (6) months from the date of submission.An extension of time may be granted upon request submitted before the expiration date. 21 (3) Drilling and Plugging Unless the operator can prove to the satisfaction of the Commission that another method will pro- vide adequate protection to groundwater quality and movement and long term land stability, the following guidelines will be used in the plugging of shot holes. (a) Seismic shot hole operations will not be conducted without legal permission of the • owner of the surface on which the shot is to take place. (b) When non-artesian water is encountered while drilling seismic shot holes,said holes are to be filled from the bottom up with a high grade coarse ground bentonite to ten feet above the static water level on the surface of the ground.After approval by the Director, any other suitable plugging material may be substituted for the above. (0 The hole will be filled to a depth of approximately three (3) feet below ground level.A non-metalic perma-plug will be set at a depth of three feet, and the remaining hole will be filled and tamped to the surface with cuttings and native soil.The above mentioned perma- plug will be imprinted with the identification number or mark described in the notice of intent A sufficient mound shall be left over the hole to allow for settling. (d) When subsurface water is not encountered in a seismic shot hole, plugging may be accomplished by returning the cuttings to the hole, tamping the returned cuttings to ensure the hole is not bridged, filling the hole to a depth of three (3) feet,and setting a perma-plug topped with more cuttings and soil. A sufficient mound shall be left over the hole for settling. (e) in the event the preplug did not hold,seismic holes shall be properly plugged and aban- doned as soon as practical after the shot has been fired. However,a fired hole shall not be left unplugged for more than thirty (30) days without approval of the Commission. In no event shall shot holes be left open, but shall be covered with a tin hat or other similar cover until they are properly plugged. The hats shall be imprinted with seismic contractors name or identification number or mark (f)Any slurry, drilling fluids,or cuttings which are deposited on the surface around the seis- mic hole will be raked or otherwise spread out to at least within one (1) inch of the surface, such that the growth of the natural grasses or foliage will not be impaired. (g) If artesian flow(water rising above the depth at which encountered) is encountered in the drilling of any seismic hole, cement or high grade coarse ground sodium bentonite shall be used to seal off the water flow with the selected material placed from the bottom of the hole to the surface at least fifty(50) feet above the top of the water bearing material,thereby • preventing cross-flow between aquifers, erosion, and/or contamination of fresh water sup- plies. Said holes shall be plugged immediately, weather permitting. Approval may be granted to an operatorto plug an artesian aquifer in another manner if it is proved to the Director that the alternate method will provide protection to groundwater sup- plies and long term land stability. (h)All flagging,stakes,cables,cement,mud sacks or other materials associated with seismic operations shall be removed from the drill site and disposed of in an acceptable manner. (4) Completion Report A final report shall be submitted to the Commission within sixty(60) days after completion of the project The report shall include the following elements: (a) Certification by the party responsible for plugging the hole that all shot holes are plugged as prescribed by the Commission. (b) Maps (not less than 1/2"c1 mile) showing the location of shot points. A copy of the maps sent to the client company as completion maps will be accepted as a suitable alternative. (c) The specification of the plugging material,a description of plugging procedures and the existence of any water encountered in drilling the shot holes. c. Bonding Requirements The company submitting the notice of intent to conduct seismic exploration, or the company re- sponsible for plugging shot holes shall file a bond prior to the commencement of operations in the amount of$5,000 for each specific operation involving one through five lines not to exceed one hun- dred (100) shot holes,or in the alternative, file a blanket bond in the amount of$25,000 for all such lines in the State on a form acceptable to the Commission. The bond shall remain in effect until a request is made by the company to release the bond for the following reasons: 1) the line or lines have been properly plugged and abandoned and/or, 2) the company no longer desires to operate in the State, and the request is approved by the Director. d. Confidentiality All information supplied to the Commission in the notice of intent and the completion report shall • be kept confidential from public disclosure for a period of five (5) years from the date of submission. • 22 e. Responsible Agency The Colorado Oil and Gas Conservation Commission shall be contacted regarding any . issues involving seismic activities in the State of Colorado. UNIT OPERATIONS, ENHANCED RECOVERY PROJECT', AND STORAGE OF LIQUID HYDROCARBONS 401. AUTHORIZATION a. No person shall perform any enhanced recovery operations, cycling or recycling operations including the extraction and separation of liquid hydrocarbons from natural gas in connection therewith, or operations for the storage of gaseous or liquid hydrocarbons, nor shall any person carry on any other method of unit or cooperative development or operation of a field or a part of either, without having first obtained written authorization from the Commission to perform the aforemen- tioned activities or operations. No person shall commence construction of a well for use in either • enhanced recovery operations or for storage of gaseous or liquid hydrocarbons without having first obtained written authorization from the Commission to do so. These provisions shall not apply to existing gas storage projects or to projects that have received approval of the Federal Energy Regulatory Commission; provided however, that a copy of such application and approval shall be submitted to the Commission and made a part of their records. b. Persons wishing to obtain such authorization shall file an application for authorization with the Commission. The application may be filed by any one or more of the parties involved, or by the operator of the project for which authorization is sought The application shall include the following: (1) A plat showing the area involved, together with the well or wells, including drilling wells, dry and abandoned wells located thereon, all properly designated. If the plan of operation involves injection of fluids for enhanced recovery operations,or storage of liquid hydrocarbons, • such plat shall show the names of owners of record within one-quarter mile of the injection well or wells indicating whether they are surface owners,mineral interest owners,or working interest owners.The application shall also include information regarding the need for remedial action on wells penetrating the injection zone within one-quarter mile of each injection well and a plan for the performance of any such remedial work. (2) A full description of the particular operation for which authorization is required. (3) Copies of the unit agreement and unit operating agreement,unless these agreements have already been provided to the Commission. (4) Where injection of fluids for enhanced recovery operations or storage of liquid hydrocar- bons is proposed, the application shall also contain: (a) the name, description, thickness and depth of the following formations: those from which wells are producing or having produced;those which will receive any fluids to be inject- ed; those capable of limiting the movement of any fluids to be injected; (b) the nam3 and the depth to the bottom of all underground sources of drinking water which may be affected by the proposed activity or operation; (c) a resistivity log, run from the bottom to the surface casing to total depth of the injection well or wells, or a resistivity log of any well within one (1) mile together with a log from that well that can be correlated with a silmilar log of the injection well. If the injection well is to be drilled,a description of the typical stratigraphic level of the injection formation and any other available logging or testing data; (d) a description of the casing of the injection well or wells or the proposed casing program, including a schematic drawing of the surface and subsurface construction details of the sys- tem and a full description of cement jobs already in place or proposed; (e) a statement specifying the type of fluid to be injected, chemical analysis of the fluid to be injected, the source of the fluid, the estimated amounts to be injected daily, the anticipated injection pressures, water analysis of receiving formation, any available data on the compatibility of the fluid with the receiving formations and known or calculated fracture gradient (maximum authorized surface injection pressure will be set by the Director); • (f) a description of any proposed stimulation program; (g) the name and address of the operator or operators of the project and those persons notified by the applicant (5) This Rules does not apply to gas storage projects in existence on August 18, 1986. 23 402. NOTICE AND DATE OF HEARING Upon the filing of any application, the Commission shall issue notice thereof, as provided by the Act and these regulations.Said application shall be set for public hearing at such time as the Commis- . sion may fix. • 403. ADDITIONAL NOTICE If injection of fluids is proposed by said application, in addition to the notice required by the Act,a copy of such application shall be given in person or by first class mail to each owner of record of the reservoir involved'within one-quarter (1/4) mile of the proposed intake well or wells.Such delivery, whether in person or by mail, shall take place on or before the date the application is filed. An affidavit shall be attached to the application showing the parties to W whom the notice has been given and their addresses. 404. CASING AND CEMENTING OF INJECTION WELLS Welts used for injection of fluids into the producing formation shall be cased with safe and ade- quate casing or tubing so as to prevent leakage,and shall be so set or cemented that damage will not be caused to oil,gas or fresh water resources. Each injection well must satisfactorily pass a mechanical integrity test in accord with Rule 327 prior to injection.) 405. NOTICE OF COMMENCEMENT AND DISCONTINUANCE OF INJECTION OPERATIONS The following provisions shall apply to all injection projects whether or not they are approved by the Commission: a. Immediately upon the commencement of injection operations, the operator shall notify the Commission of the injection date. b. Within ten (10) days after the discontinuance of injection operations the operator shall notify the Commission of the date of such discontinuance and the reasons therefore. c. Before any intake well shall be plugged,notice shall be given to the Commission by the owner of said well,and the same procedure shall be followed in the plugging of such well as is provided for the plugging of oil and gas wells. RULES OF PRACTICE AND PROCEDURE 501. Applicability of Rules of Practice and Procedure These rules shall be known and designated as"Rules of Practice and Procedure before the Oil and Gas Conservation Commission of the State of Colorado," in all proceedings relating to the conserva- tion of oil and gas in the State of Colorado, and to the administration of the Act 502. Commission May Institute Proceeding to Prevent Violation The Commission may, on its own motion, institute a proceeding to prevent violation of the Act, or of any order, rule,or regulation of the Commission, by notice of hearing or issuance of an emergency order to show cause directed to any person or persons charged with violating the same. 503. Commission May Initiate Proceeding Relating to Conservation of Oil and Gas The Commission may also, on its own motion, initiate proceedings upon any question relating to conservation of oil and gas in the State of Colorado, or to the-administration of the Act, by notice of hearing or issuance of an emergency order instituting such proceedings. 504. Procedure to be Followed in the Event of an Alleged Violation If the Director alleges a violation of the rule involving pollution,or in the event the Commission receives notice alleging that an owner is causing pollution, it shall notify the owner of such charge. Within thirty(30) days after receipt of such charge the owner may elect to file a plan to prevent future pollution as hereinafter provided or if no election is made within the thirty(30) day period,the Com- mission shall promptly set the matter for hearing.At such hearing the complainant shall be required to present the facts in support of its allegations and the owner shall be given the opportunity to con- test the allegations. If the Commission finds after hearing that the owner Es causing pollution or per- forming an act or permitting a condition to exist which may cause pollution, the owner shall be required to submit a plan for elimination of the pollution or possible pollution within a time period to be set by the Commission. In the event that any owner after notice of an alleged pollution violation as above provided shall elect to submit a plan to prevent any further pollution,he shall file such plan with the Director,with a copy to the complainant within thirty (30) days after notice or within such extended period as the Director may permit The Commission shall either approve such plan or set it down for hearing on its own motion or upon written request of the complainant received by the Commission within twenty (20) days of the date from which the plan is received by the Director. In the event of the failure of any owner to comply with any Commission order relating to pollution, • the Commission may take such action as it deems proper under the Oil and Gas Conservation Act or may request the water Quality Control Commission to issue a cease and desist order under the Water Quality Control Act. 24 505. All Other Proceedings Commenced by Filing Petition All other proceedings, except those initiated by the Commission on its own motion, shall be corn- • menced by filing with the Commission the original and eight (8) copies of a typewritten or printed application setting forth in resonable detail the relief requested and the legal and factual grounds for such relief.The original of such application shall be executed by a person with authority to do soon behalf of the applicant and the contents thereof shall be verified by such person. Each such applicant shall be accompanied by a docket fee of seventy-five dollars (575)- 506. Docket Number of Proceedings When a proceeding is instituted,as herein described above in Rules 502, 503,504 or 505,the Secre- tary of the Commission shall assign it a number and enter on a seoarate page of a docket provided for such purpose, the proceedings with the date of its filing, or the date of the entry of the Commission order instituting such proceeding.All pleadings offered, subsequent to the institution of a proceed- ing, shall be offered by filing the original and eight (8) copies and shall bear the docket number assigned to said proceedings and be noted with the date of filing upon the docket page of said pro- ceeding, or a continuation thereof. 507. Filing Deadline If the applicant seeks a hearing before the Commission concerning the matters set forth in the application, such matters shall be heard at the next regularly scheduled meeting of the Commission to be held on or after six(6) weeks from the date on which the application is filed unless one or more of the parties to the proceeding requests a hearing at a subsequent meeting of the Commission and such request is granted by the Commission. Such time between the date of filing of the application and the hearing thereon may be shortened by the Secretary at his discretion, provided that timely notice of not less than ten (10) days of the hearing is given, if lease expiration or extenuating cir- cumstances require a shorter time. The foregoing shall'not be construed to limit the time within which an applicatior for an emergency order may be heard. 508. Filing of Protest Any Interested Party desiring to protest the granting of the relief sought in the application who desires to present or rebut evidence or examine or cross-examine witnesses at the hearing shall, at least three (3) working days prior to the date of the hearing, file a written protest with the Commis- • sion, with a copy to the applicant which protest shall briefly and in reasonable detail state the basis for the protest and shall be accompanied by a forty-five dollar(545) docket fee.Any Interested Party who desires to support the granting of the relief sought in the application and who desires to present or rebut evidence or examine or cross-examine witnesses shall,at least three(3)working days prior to the date of hearing, file a written pleading in support of the application,along with a forty-five dollar (545) docket fee.Only an Interested Party who files a written protest or pleading and who pays such a fee shall be allowed to present or rebut evidence or examine or cross-examine witnesses at the hear- ing.Any Interested Person may,at the discretion of the Commission,file a written statement or make an oral statement, under oath, at the hearing which will be subject to cross examination. 509. Representation at Hearings a. A natural person may appear on his own behalf and represent himself at hearings before the Commission and persons allowed to make oral or written statements may do so without council. b. Except as provided in a_ above, representation at hearings before the Commission shall be by attorneys licensed to practice law in the State of Colorado, and provided further that any attorney duly admitted to practice law in a court of record of any state or territory of the United States or in the District of Columbia, but not admitted to practice in Colorado,who appears at a hearing before the Commission may, upon motion,be admitted for the purpose of that hearing only,if he has associated for purposes of that hearing with any attorney who(a) is admitted to practice law in Colorado; (b) is a resident or maintains a law office within Colorado; and (c) is personally appearing with him in the matter and in all proceedings connected with it. The resident attorney shall continue in the case unless other resident counsel is submitted.Any notice, pleading,or other paper may be served upon the resident attorney with the same effect as if personally served on the non-resident attorney within this State. Resident counsel shall be present before the Commission unless otherwise ordered by the Commission. c. Paragraph (2) shall not apply to matters which the Director is empowered by Rule or Statute to approve or disapprove without a hearing before the Commission. 510. Secretary May Require Filing of Additional Copies of Pleadings • The Secretary may, at any time, require the party filing, or offering for filing, a pleading to furnish such additional copies of the same as may be deemed necessary. 511. Definition of "Applicant" The party of parties instituting the proceeding or persons subsequently joining therein shall be referred to in such proceeding as the Applicant 25 512. Definition of"Respondent" A party against whom a proceeding is instituted or who protests the granting of the relief sought in the application as provided in these rules shall be reffered to in the proceeding as the • Respondent 513. Definition of"Intervener" Any other party allowed to present or rebut evidence or examine or cross-examine witnesses shall be known in the proceeding as Intervenor. 514. Requirement of Public. Hearing Before Issuance of any Order Except an Emergency Order Before any rule, regulation, or order, or amendment thereof shall be made by the Commission, there shall be held a public hearing upon at least ten (10) days notice at such time and place as may be prescribed by the Commission and any interested person shall be entitledto be heard,except that when an emergency requiring immediate action is found by the Commission to exist, the Commis- sion may issue an emergency order without notice of hearing, which shall be effective upon prom- ulgation, but shall remain effective for no more than fifteen (15) days. 515. Notice of Hearing When a proceeding has been instituted,either by the Commission on its own motion,or bya party, the Commission shall cause notice of the hearing before the Commission to be given, either by mail- , ing a copy thereof, postage prepaid, to the last known m-iting address of the person to be given notice or by personal service. In addition,the Commission .hall cause one publication of such notice, at least ten(1 0) days prior to the hearing,in a newspaper of bsneral circulation in the city and county of Denver, and in a newspaper of general circulation in the County where the land is affected, or some part thereof, is situated. Said notice shall be issued in the name of the State of Colorado,shall be signed by the Commission,or the Secretary of the Commission,shall specify the style and number of the proceeding. the time and place at which the hearing will be held, shall state the time within which protests to the granting of a petition shall be filed,if a petition has been filed_and shall briefly state the purpose of the proceeding. In all cases, notice of the hearing to be held on the application shall be served on each Interested Pearson, as defined in Rule 114, either by mail as provided in Rule 515 or in the same manner as is ' provided in the Rules of Civil Procedure for the service of process in civil actions in the District Courts in this state.The Commission may, in its discretion, and when so requested, undertake any such ser- vice by mail. • 516. Personal Service and Proof of Service Should the Commission elect to give notice by personal service, as provided in Rule 515 above, such service may be made by any officer appointed to serve summons,or by any agent of the Com- mission,in the same manner as is provided in the Rules of Civil Procedureforthe service of process in civil actions in the District Courts in this State. Proof of Service by such agent shall be by his affidavit and Proof of Service by any officer shall be in the form required by law with respect to service of sum- mons in civil action. 517. Interested Party or Parties The term "Interested Party or Parties" for matters coming before the Commission is defined in Rule 114. 518. Secretary to Notify all Parties Interested in Proceedings When any proceeding has been instituted bya party or by the Commission on its own motion, in addition to the service or publication of the notice of hearing as required by the Act,the Secretary shall mail each Respondent or Intervenor, and all persons who have requested notification of such proceedings, as provided in Rule 519, a written notice of the hearing to be held thereon. 519. Persons Desiring Notification of Proceedings Shall File With Commission Any person who believes that he may be an party in any proceeding before the Commission may file with the Commission a request for notices,and thereafter for a period as determined by the Com- mission, not to exceed three(3) years,such person shall be entitled to receive notice by mail of the filing of all petitions upon which a hearing may be held.The filing of a request for notices bya person shall be deemed to be a consent by that person to service of notice by mail at address shown on the request filed by him in those proceedings in which notice by mail may be given. A request for notices filed under provisions of this rule may be withdrawn or a new request filed at anytime by the person filing the same. However, such filing does not in and of itself establish such person as an Interested Party as defined in these Rules. 520. Who May File Applications Applications to the Commission may be filed only by an Interested Party as the term.Interested Party is defined in Rule 114 for purposes of the particular relief sought, and each such application • shall inciude a list of all Interested Parties as appropriate for purposes of such application..The Com- mission may, on its own motion, set a hearing to consider spacing an area 26 521. On Filing of Applications, Commission Set Date of Hearing and Cause Notice to be Given On the filing of a petition concerning any matter within the jurisdiction of the Commission, it shall • promptly fix a date for a hearing thereon and shall cause notice of the filing of the petition and of the date for the hearing thereon to be given. Upon a showing that all interested parties have consented in writing to the granting of a petition without a hearing, the Commission may enter an order granting the petition forthwith and without a hearing. In all other cases, the hearing shall be held at the time and place specified in the notice, and al! persons who have filed a timely protest shall be given full opportunity to be heard. If no protest to the granting of the petition has been made,the Commission may enter an order based upon the facts stated in the verified petition,without the necessity of tak- ing testimony or making of a record. 522. Copy of Protest Served on Petitioner Any person who files a protest with the Commission pursuant to the provisions of Rule 519 shall,at the same time, serve a copy thereof on the person filing the petition. Such service shall be made by mailing a copy of the protest, postage prepaid, to the petitioner. 523. Hearings Before the Commission Hearings before the Commission shall be conducted without rigid formality. A transcript of tes- timony shall be taken and preserved as a part of the permanent record of the Commission.Any per- son testifying in response to a subpoena issued by the Commission, and any person testifying in support of an application or a petition,or a complaint,or a motion,or in opposition thereto, shall be required to do so under oath or affirmation. 524. Commission Members Required for Hearings and/or Decisions Three (3) members of the Commission constitute a quorum for the transaction of business- Tes- timony may be taken and oath or affirmation administered by any member of the Commission,but all decisions shall be made by the Commission. 525. Presentation of Evidence Full opportunity shall be afforded all interested parties who comply with Rules 505 and 508 at a hearing to present evidence and to cross-examine witnesses,in accordance with Rule 509. In general, the rules of evidence applicable before a trial court without a jury shall be applicable, providing that such rules may be relaxed,where,by so doing,the ends of justice will be better served. No order shall be made which is not supported by competent legal evidence. • 526. Subpoenas The Commission may, through the Secretary, issue subpoenas requiring attendance of witnesses and the production of books, papers,and other instruments to the same extent and in the same man- ner and in accordance with the procedure provided in the Colorado Rules of Civil Procedure which authorizes issuances of subpoenas by Clerks of the District Courts. 527. Depositions Depositions may be taken by parties to a proceeding and used before the Commission in the same manner and under the same conditions prescribed in the Colorado Rules of Civil Procedure relating to the taking and using of depositions in the Courts of this State. 528. Applicability of Colorado Rules of Civil Procedure The Commission adopts the rules of practice and procedure contained in the Colorado Rules of Civil Procedure insofar as the same may be applicable and not inconsistent with the rules herein set forth. 529. Commission to Enter Order Within Thirty Days The Commission shall enter its order within thirty (30) days after the hearing.Any person affected by any order of the Commission shall have the right at any time to apply to the Commission to repeal, amend, modify, or supplement the same. 530. Rules Shall be Liberally Construed These rules shall be liberally construed to secure just,speedy,and inexpensive determination of all issues presented to the Commission. 531. Time of Hearings Regular monthly hearings will be held before the Commission on such days as may be set by the Commission. Where circumstances permit, the Commission,after sounding the docket,first calls up and disposes of all non-contested matters and motions for continuance. 532. Establishing Spacing Rules Any order of the Commission establishing spacing rules for a reservoir shall define drilling units of approximately uniform size and shape; shall specify the orientation of each such drilling unit or shall specify the procedure for determination of such orientation by the Director, shall permit only one • well to be drilled and produced from each such drilling unit, unless, infill wells are determined to be geologically and economically justified; and shall specify the location of the permitted well or wells within each such drilling unit 27 533. Non-Consenting Owner in Pooling With respect to applications for involuntary pooling filed pursuant to 34-60-116, C.R.S.the phrase "Nonconsenting owner who refuses to agree to bear his proportionate share of the costs and risks of drilling and operating the well" as used in subsection (7) thereof shall have the following meaning: a. Such nonconsenting owner shall in all cases be an Interested Party. b.Such nonconsenting owner shall be an Interested Party who is an Owner in the area to be pooled and who,after at least thirty(30) days written notice of the following(unless a shorter or longer time is ordered in the discretion of the Commission), does not elect in writing to consent to participate in the cost of the well concerning which the pooling order is sought (1) the location and objective depth of the well. (2) the estimated drilling and completion cost of the well_ (3) the estimated spud date for the well or range of time within which spudding is to occur. SAFETY REGULATIONS 601. INTRODUCTION The rules and regulations in this section are promulgated to protect the health, safety and welfare of the general public during the drilling,corn: ietionand operation of oil and gas wells and producing facilities. They do not apply to parties or requirements regulated under the Federal Occupational Safety and Health Act of 1970 (See Rule 212). 602. GENERAL- The training and action of employees, as well as proper location and opertion of equipment is an important part of any safety program. While this section is general in nature, it is considered a basic part of the foundation of any safety program. a. Employees shall be familiarized with these rules and regulations as provided herein as they relate to their function in their respective jobs. Each new employee should have his job outlined, explained S and demonstrated. b. Unsafe and potentially dangerous Conditions as defined by these rules, should be reported immediately by employees to the supervisor in charge and if the condition cannot be remedied as soon as practical, the company representative shall contact the Commission, as well as appropriate local authorities. Where unsafe or potentially dangerous conditions exist, the owner or operator shall respond as directed by an agency with demonstrated authority to do so (such as sheriff, fire district director, etc.). c. Vehicles of persons not involved in drilling, production, servicing,or seismic operations shall be located a minimum distance of one hundred(100) feet from the wellbore,or a distance equal to the height of the derrick or mast whichever is greater. Equivalent safety measures shall be taken where terrain, location or other conditions do not permit this minimum distance requirements. d. Existing wells are exempt from the provisions of these regulations as they relate to the location of the well. e. Existing producing facilities shall be exempt from the provisions of these regulations with respect to minimum distance requirements and setbacks unless they are found by the Director to be unsafe. f.The Director shall have the authority to grant variances to these regulations after consultation and concurrence of local authorities. In the absence of concurrence, the Director shall bring the matter before the Commission at public hearing. 603. Drilling and Well Servicing Operations. a. (1) Wells shall be located a distance of 150 feet or one and one-half times the height of the derrick, whichever is greater, from any occupied building, public road, above ground utility line or railroad. b. Wells shall be a minimum distance of 150 feet from a surface property line. If it is not feasible for the operator to meet this spacing requirement, a waiver from the offset surface owner shall be obtained.Such waiver shall be written and filed in the appropriate office of record and with the Direc- tor. If it is not feasible for the operator to meet this spacing requirement and the parties can not reach an agreement, the operator shall apply to the Director for relief from this requirement • 28' c When drilling or well servicing operations are in progress on a well where there is any indication the well will flow hydrocarbons, either through prior records or present conditions,there shall be on the rig floor a safety valve with connections suitable for use with each size and type of tool joint or coupling being used on the job_ d. Rig substructure, derrick, or mast shall be designed and operated to prevent accumulation of static charge. e_ Prior to initiating well servicing operations,the well shall be checked for pressure and steps taken to remove pressure or operate safely under pressure before commencing operations. f. (1) When there is any indication that a well will flow,either through prior records,present well conditions,or the planned well work, blowout prevention equipment shall be installed in accor- dance with Rule 317 or any special orders of the Commission. (2) Blowout prevention equipment when required by Rule 317 shall be in accordance with API RP 53: Recommended Practices for Blowout Prevention Equipment Systems, or amendments thereto. (3) While in service, blowout prevention equipment shall be inspected daily and a preventer operating test shall be performed on each round trip, but not more than once every 24-hour period. Notation of operating tests shall be made on the daily report (4) All pipe fittings, valves and unions placed on or connected with blowout prevention equipment, well casing, casinghead, drill pipe, or tubing shall have a working pressure rating suitable for the maximum anticipated surface pressure and shall be in good working condition as per generally accepted industry standards. (5) Blowout preventers shall contain pipe rams to enable closure on the pipe being used.The choke line(s) and kill line(s) shall be anchored, tied or otherwise secured to prevent whipping resulting from pressure surges. (6) Pressure testing of each component of the blowout prevention equipment, if such equip- ment is required, shall be conducted prior to drilling out any string of casing except conductor pipe. Drilling operations shall not proceed until blowout prevention equipment is found, upon test, to be serviceable. (7) If the blind rams are closed for any purpose except operational testing, the valves on the choke lines or relief lines below the blind rams should be opened prior to opening the rams to bleed off any pressure. • (8) All rig employees shall have adequate understanding of and be able to operate the blowout preventer equipment system. New employees shall be trained in the operations of blowout preventer system as soon as practicable to do so. (9) Drilling contractors shall place a sign or marker at the point of intersection of the public • road and rig access road. (10) The number of the public road to be used in accessing the rig along with all necessary emergency numbers shall be posted in a conspicuous place on the drilling rig. 604. Production Facilities. a. Crude Oil Tanks (1)Atmospheric tanks used for crude oil storage shall be built in accordance with the follow- ing standards as applicable: (a) Underwriters Laboratories, Inc., No. U L-142,"Standard for Steel above ground Tanks for Flammable and Combustible Liquids," (b) American Petroleum Institute Standard No. 650, "Welded Steel Tanks for Oil Storage," (c) American Petroleum Institute Standard No. 12B, Bolted Tanks for Storage of Production Liquids," (d) American Petroleum Institute Standard No. 12D, "Field Welded Tanks for Storage of Production Liquids," or (e) American Petroleum Institute Standard No. 12F, "Shop Welded Tanks for Storage of Production Liquids." (2) Tanks shall be located at least 2 diameters or 350 feet whichever is smaller, from the boundary of the property on which it is built Where the property line is a public way the tanks shall be 2/3 of the diameter from the nearest side of the public way or easement (a) Tanks less than 3,000 barrels capacity shall be located at least 3 feet apart (b) Tanks 3,000 or more barrels capacity shall be located at least 1/6 the sum of the diameters apart When the diameter of one tank is less than 1/2 the diameter of the adjacent tank, the tanks shall be located at least 1/2 the diameter of the smaller tank apart • (3) Tanks shall be a minimum of 200 feet from residences, normally occupied buildings, or well defined normally occupied outside areas. 29 (4) Berms shall be constructed around tanks, in the absence of remote impounding both methods shall enclose an area with sufficient volume to contain the entire contents of the largest tank in the enclosure. Berms shall be inspected at regular intervals and maintained in . good condition. When a berm is provided around tanks no potential ignition sources-shall be installed inside that area. (5) Tanks shall be a minimum of 75 feet from a fired vessel or heater-treater. (6) Tanks shall be a minimum of 50 feet from a separator, well test unit or other non- fired equipment (7) Tanks shall be a minimum of 75 feet from a compressor with a rating of 200 horsepower, or more. (8) Tanks shall be a minimum of 75 feet from a wellhead. (9) Gauge hatches on atmospheric tanks used for crude oil storage shall be closed at all times when not in use. (10) Vent lines from individual tanks shall be joined and ultimate discharge shall be directed away from the loading racks and fired vessels in accord with API RP 12R-1. b. Fired Vessel, Heater-Treater (1) Fired vessels (FV) including heater-treaters (HT) shall be minimum of 50 feet from separators or well test units. - (2) FV-HT shall be a minimum of 50 feet from a lease automatic custody transfer unit (tACT). (3) FV-HT shall be a minimum of 40 feet from a pump. (4) FV-HT shall be a minimum of 75 feet from a well. (5) FV-HT shall be a minimum of 200 feet from residences occupied buildings,or well defined normally occupied outside areas. (6) Vents on pressure safety devices shall terminate in a manner so as not to endanger the public or adjoining facilities.They shall be designed so as to be clear and free of debris and water at all times. c. Special Equipment Under unusual circumstances special equipment may be required to protect publi : safety. The Director shall determine if such equipment should be employed to protect public safety and if so, require the operator to employ same. If the operator or the affected party does not concur with the . action taken, the Director shall bring the matter before the Commission at public hearing. (1) All wells located within 150 feet of a residence(s), normally occupied buildings, or well defined normally occupied outside area(s), shall be equipped with an automatic control valve that will shut the well in when a sudden change of pressure, either a rise or drop, occurs. Automatic control valves shall be designed so they fail safe. (2) Pressure control valves required in (a) shall be activated by a secondary gas source supply, and shall be inspected at least every three(3) months to assure they are in good working order and the secondary gas supply has volume and pressure sufficient to activate the control valve. (3) All pumps, pits, and producing facilities shall be adequately fenced to prevent access by unauthorized persons when the producing site or equipment is easily accessible to the public and poses a physical or health hazard. (4) Sign(s) shall be posted at the boundary of the producing site where access exists, identify- ing the operator, lease name, location, and listing a phone number, including area code, where the operator may be reached at all times unless emergency numbers have been furnished to the county commission or it's designee. 605. Seismic Operations - a.All explosives will be legally and safely stored and accounted for in magazines when not in use in accord with the Alcohol, Tobacco and Firearms Division of the Federal Department of the Treasury. b. Blasting shall be kept a safe distance from an occupied building,well or spring, unless by special written permission of the surface owner or lessee, according to the following minimum distances: Up to 2 lbs. charge 200 feet 2 to 5 lbs. chargs 300 feet 5 to 10 lbs. charge 600 feet 10 to 20 lbs. charge - 1000 feet over 21 lbs. charge 1320 feet c. Unstable soils within road right-of-ways shall be avoided when in a saturated condition. d. All shot holes shall be preplugged or anchored to prevent public access if not immediately • shot 30 606. Fire Prevention and Protection. a Gasoline-fueled engines shall be shut down during fueling operations if the fuel tank is an integral ® part of the engine. b. Handling, connecting and transfer operations involving liquefied petroleum gas(LPG) shall con- form to the requirements of the State Oil Inspector. c. Flammable liquids storage areas within any building or shed shall: (1) be adequately vented to the outside air; (2) have two (2) unobstructed exits leading from the building in different directions if the building is in excess of 500 square feet (3) be maintained with due regard to fire potential with respect to housekeeping and materials storage; (4) be identified as a hazard and appropriate warning signs posted; d. Flammable liquids shall not be stored within fifty(50) feet of the wellbore,except for the fuel in the tanks of operating equipment or supply for injection pumps. Where terrain and location con- figuration do not permit maintaining this distance, equivalent safety measures should be taken. e. Liquified petroleum gas (LPG) tanks larger than 250 gallons and used for heating purposes,shall be placed as far as practical from and parallel to the adjacent side of the rig or wellbore as terrain and location configuration permit lstallation shall be consistent with provisions of NFPA 58,"Standards for the Storage and Handling of Liquid Petroleum Gases". f. Smoking shall be prohibited at or in the vicinity of operations which constitute a fire hazard and such locations shall be conspicuously posted with a sign, "No Smoking or Open Flame". Matches and all smoking equipment may not be carried into "no smoking" areas. g. No source of ignition shall be permitted in an area where smoking has been prohibited unless it is first determined to be safe to do so by the supervisor in charge or his designated representative. h. Open fires,transformers,or other sources of ignition shall be permitted only in designated areas located at a safe distance from the wellhead or flammable liquid storage areas. i. Only approved heaters for Class I Division 2 areas,as designated by API R85008,shall be permit- ted on or near the rig floor. The safety features of these heaters shall not be altered. j. Combustible materials such as oily rags and waste shall be stored in covered metal containers. ® k. Material used for cleaning shall have a flash point of not less than 100oF. For limited special pur- poses,a lower flash point cleaner may be used when it is specifically required and should be handled with extreme care. I. Firefighting equipment shall not be tampered with and shall not be removed for other than fire protection and firefighting purposes and services. A firefighting water system may be used for wash down and other utility purposes so long as its firefighting capability is not compromised. After use, water systems must be properly drained or properly protected from freezing. m. An adequate amount of fire extinguishers and other firefighting equipment shall be suitably located, readily accessible, and plainly labeled as to their type and method of operation. n. Fire protection equipment shall be periodically inspected and maintained in good operating condition at all times. o. Firefighting equipment shall be readily available near all welding operations.When welding, cut- ting or other hot wort:is performed in locations where other than a minor fire might develop,a person shall be designated as a fire watch.The area surrounding the work shall be inspected at least one(1) hour after the hot work is completed. p. Portable fire extinguishers shall be tagged showing the date of last inspection, maintenance or recharge. Inspection and maintenance procedures shall comply with the latest edition of the National Fire Protection Association's publication NFPA10. q. Personnel shall be familiarized with the location of fire control equipment such as drilling fluid guns,water hoses and fire extinguishers and trained in the use of such equipment They shall also be familiar with the procedure for requesting emergency assistance as terrain and location configuration permit Installation shall be consistent with provisions of NFPA 58, "Standards for the Storage and Handling of Liquified Petroleum Gases". 31 PROCEDURES AND FORMS GUIDELINES If an operator wishes the well completion information including well logs and other geologic infor • - mation to be held confidential,the request must be in writing prior to the submission of any data See Rule 306. For a well to qualify for confidentiality, it must meet the requirements of a wildcat or exploratory well as defined in Rule 112.The release date for confidential wells is determined by the completion date as described in Rule 117 and with a time period as set forth in Rule 306. The following notes for completing forms, as well as the sample forms, are a guideline to assist those unfamiliar with the proper procedures. It is understood that every example cannot be included in this book; this office will be available to discuss particular problems in completing any of these forms prior to submission. Please note that these rules contain the most current blank forms and reflect recent revisions. Forms for use may be duplicated from these blank copies. Some forms require duplication and completion on both sides. Information should be submitted only on these updated forms. • INDICATES REVISED FORM. Form 1* DESIGNATION OF AGENT See Rule 302. Form 2* APPLICATION FOR PERMIT TO DRILL, DEEPEN, OR RE-ENTER AND OPERATE See Rule 303. Application must be submitted with filing fee, survey plat and surface agreement (if necessary; see#24). The filing fee is non-refundable and non-transferable. Survey plats should have the footages measured from the exterior section lines,and include section, township, range, P.M., elevation, and north direction. Indicate if the section is irregular by showing section line total measurement Complete applications are processed within 24 hours of receipt. #13 Note changes in required information and include on plat-see Rule 603.1. #15 Describe only that part of the lease by Qtr, Qtr, Sec, Twp, Rng, that is affected by this drilling application. #16 If in a spaced area, it is necessary to assign the number of acres as required by the spacing order and to indicate a standup(east-west) or laycown (north-south) unit. If in • an unspaced area, see Rule 318. Colorado has no requirement for number of acres assigned to oil and gas wells in unspaced areas. #23 See Rule 317 for requirements. #24 A surface agreement must be included with all applications. If the surface owner is not the mineral owner, a surface bond must be filed if no surface agreement has been entered and submitted. See Rule 304 (b). CODES may be obtained from the COCCC Office. PERMIT NUMBER and API NUMBER are assigned by COCCC upon approval. • Form 3-3B PLUGGING, SURFACE AND SEISMIC BONDS See Rule 304. Form 4 SUNDRY NOTICES AND REPORTS ON WELLS See Rule 305. In addition to the listed procedures, Form 4 should be used to report change of operator for non-producing wells, change of location, change of any well data, and undrilled locations.The procedure of work or operations completed must be filled in on Form 4 for COGCC approval. Form 5* WELL COMPLETION OR RECOMPLETION REPORT AND LOG See Rule 306. #5 Type of well is determined by gas:oil ratio; this is calculated by dividing the gas in cubic feet by the oil in barrels. If this quotient is greater than 15,000, usually the well is considered to be a gas well. This is a general determination for record purposes only. Specific determinations will be made by the Commission on application of an interest- ed party and after public hearing. #24 When reporting stage cementing, volume of cement used must be included. #26 & 29 Report all zones tested, whether commercial or not. For a completion attempted in a new zone after the original Form 5 has been submitted,the new informa- tion may be added to the original Form 5 and resubmitted. #31 & 32 If a complete geologic report is included with the Form 5, note this enclosure • and no further information will be required. 32 #33 Final plugging and abandonment procedures may be reported in this space rather than the submission of a Form 4: however, a cement verification from the drilling con- • tractor or an invioce from the cementing company must be included. #34 The well data file can be processed in a more timely manner if all necessary attachments are submitted with the Form 5. This will expedite lease number assignments for producing wells and bond releases for plugged wells. Form 7 OPERATOR'S MONTHLY PRODUCTION REPORT See Rule 307. A complete package of instructions, including computer codes and formats, may be obtained by contacting the COGCC Production Department. Form 8' CONSERVATION LEVY REPORTING FORM See Rule 308. For assistance, contact the COGCC Conservation Levy Department. Form 9 GAS-OIL RATIO REPORT See Rule 309. Form 10* CERTIFICATION OF CLEARANCE AND/OR CHANGE OF OPERATOR See Rule 310. This form should be submitted whenever a change of operator of a producing well takes place or there is a new purchaser. 7t cannot be processed until the state bonding requirements have been met. Form 11* MONTHLY REPORT OF GASOLINE OR OTHER EXTRACTION PLANT See Rule 311. Form 12 TRANSPORTERS MONTHLY REPORT See Rule 312. Form 13 RESERVOIR PRESSURE TEST See Rule 313. Form 14A* MONTHLY REPORTS OF FLUIDS INJECTED See Rule 314A. For assistance, contact UIC Department. Form 148* MECHANICAL INTEGRITY TEST REPORT See Rule 3148 and Rule 327. For assistance, contact UIC Department. • Form 15 APPLICATION FOR PERMIT TO USE EARTHEN PIT See Rule 315 and Rule 325. Form 16 WATER/WASTE TRANSPORTERS MONTHLY REPORT See Rule 316. • 33. • APPENDIX PART 1 Samples of Commission Forms are presented herein; however, these forms are subject to change at any time. • • REV 12-86 STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES ® DESIGNATION OF AGENT The undersigned producer, operator, transporter, refiner, gasoline or other extraction plant operator, or initial purchaser who is conducting oil and or gas operation in the State of Colorado, does, pursuant to the Rules and Regulations, and Rules of Practice and Procedure of the Oil and Gas Conservation Commission of the State of Colorado, hereby appoint, (address) , (phone number) , (his, her or its) designated agent to accept and to be served with notices from said Commission, or from other persons authorized under the Oil and Gas Conservation Act of the State of Colorado. • The undersigned further agrees to immediately report in writing, all changes of address of the agent, and any termination of the agent 's authority, and in the latter case, the designation of a new agent or agents shall be immediately made. This designation of agent, however, _ shall remain in full force and effect until and unless a new designation of agent is filed in accordance with said statute and said regulation. Effective Date of Designation Company Address Phone Name (please print) Title By ® (Signature) FORM 1 REV 12-86 STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES DESIGNATION OF AGENT . The undersigned producer, operator, transporter, refiner, gasoline or other extraction plant operator, or initial purchaser who is conducting oil and or gas operation in the State of Colorado, does, pursuant to the Rules and Regulations, and Rules of Practice and Procedure of the Oil and Gas Conservation Commission of the State of Colorado, hereby appoint, 1 OHN - A . os and MA � • SnnITN• (an n a al repr se ing t e or9 a on) (address) 15Rb LOC A N ST, D :F N\t/E R , C n RO 2C) (phone number) 303- 866-3531, (his, her or its) designated agent to accept and to be served with notices from said Commission, or from other persons authorized under the Oil and Gas Conservation Act of the State of Colorado. The. undersigned further agrees to immediately report in writing, • all changes of address of the agent, and any termination of the agent's authority, and in the latter case, the designation of a new agent or agents shall be immediately made. This designation of agent, however, shall remain in full force and effect until and unless a new designation of agent is filed in accordance with said statute and said regulation. Effective Date of Designation J ,AN OAR y , i9 $7 Company S M I T t-4 OIL co>" PAN Y' Address I5RQ L_QGAN Si- , DENVER . C'O 80203 Phone 303 - 866 -3531 Name (please print) TOE -BOB ,' N1 %T)-} Title PREs1 nE NT By • }Signature) OWL FORM STATE OF COLORADO Rev.10/86 OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES 5.LEASE DFSIGNARION AND SERIAL NO. APPLICATION • FOR PERMIT TO DRILL, DEEPEN, OR RE-ENTER AND OPERATE e.IF INDIAN,ALLOTTEE OR TRIBE NAME is TYPE OF WORK DRILL O DEEPEN O RE-ENTER O • 7,UNIT AGREEMENT NAME G TYPE OF WELL OIL ❑ l ELL O OTHER ZONEF-❑ ZONE YI.E ❑ WELL A.FARM OR LEASE NAME a, - I PHONE NO. OPERATOR: ( 1 9.WELL NO. ADDRESS: - CITY: STATE: ZIP: IO.FIELD AND POOL OR WILDCAT 4.LOCATION OF WELL(Repon location clearly and in accordance with any Slate requirements.) At surface I I.QTR QTR.SEC.T.R AND MERIDIAN At proposed Prod. zone IS. DISTANCE,IF LESS THAN 200 FT.FROM ANY OCCUPIED BLDG PUBLIC ROAD,ABOVE GROUND UTILITY LINE OR 12.COUNTY RAILROAD(SHOW FOOTAGES ON SURVEY PLAT) 14.DISTANCE FROM PROPOSED LOCATION TO NEAREST IS.NO. OF ACRES IN LEASE' 16.NO. OF ACRES AND/OR DRILLING UNIT PROPERTY OR LEASE LINE. FT. ASSIGNED TO THIS WELL (Also to nearest drip. line, if any) 17.DISTANCE FROM PROPOSED LOCATION TO NEAREST WELL IS.PROPOSED DEPTH 19.OBJECTIVE FORMATION DRILLING.COMPLETED. OR APPLIED FOR ON THIS LEASE, FT 20.ELEVATIONS(Show whether GR or KB) 21.DRILLING CONTRACTOR PHONE NO. 22.APPROX. DATE WORK WILL START 2 PROPOSED CASING AND CEMENTING PROGRAM SIZE OF HOLE SIZE OF CASING WEIGHT PER FOOT SETrING DEPTH QVANrIIY OF CEMENT • 24.IS SURFACE OWNER ALSO THE MINERAL OWNER?YES O NO ❑ PLEASE FILL IN APPROPRIATE If NOT surface bond must be nn file or copy of surface apreemem must be furnished. CODES: if irrigated land.surface bond of 15000 is required. OPER. NO. DRLR. NO. 'DESCRIBE LEASE BY QTR. QTR,SEC..TWNSHP., RNG. FIELD NO. LEASE NO. FORM CD. 25. PRLNT SIGNED TITLE DATE ,TMs spa'e for Federal or Suave Use) ' PERMIT NO. APPROVAL DATE EXPIRATION DATE APPROVED BY TITLE Director DATE Oil k Gas. Con,en.Comm CONDITIONS OF APPROVAL IF ANY; A.P.I. NUMBER See Instructions On Reverse Side ' INSTRUCTIONS • Before any person shall commence operations for the drilling of Soy-nil, such person shall file with the Director an application on Form 2 for a permit to drill, along with a filing and service fee of Seventy-five Dollars(S75), and must secure the Director's,approval before proceeding with such opera- • tion. Wells drilled for stratigraphic information only shall be exempt from paying the filing and service fee. Before any person shall commence operations for the deepening of a well to ary source of supply other than the existing producing horizon or for the reentry of a well, such person shall file an applica- tion on Form 2 sad secure approval of the Director. Form 2 shall be filed in duplicate to welts on all Patented and Federal lands, and in triplicate for wells on all State lands. An accurate plat or map showing the location of the well and showing measure- ments necessary for the determination thereof shall be filed with the Director. Unless operations are commenced within one hundred twenty(120)days after the date of approval, the permit will become null and void; however,for good cause shown,the Director may grant an extension not to exceed an addition- al one hundred twenty(120)days. Fill in all applicable spaces. • • OGCC FORM STATE OF COLORADO Ravi 0/86 OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES ® S.LEASE DESIGNATION AND SERIAL NO- APPLICATION FOR PERMIT TO DRILL, DEEPEN, OR RE-ENTER AND OPERATE 6.IF INDIAN.ALLOTTEE OR TRIBE NAME Ia.TYPE Of WORK DRILL ® DEEPEN 0 RE-ENTER 0 7.UNITAGREEMENT NAME IL TYPE OF WELL• /pl� OIELLL ® WFL. El OTHER .ZONEF 0 OWEPL. 8.FARM OR LEASE NAME W (� S:PRONE NO. P�{'�= F t O OPERATOR: J M I T7-F OIL COM PAN Y l 303 9.WELL NO. ADDRESS: iSSO O LO GAN ST; STEP: 380 j�/� a�j CITY: D E'`V vC R STATE: Co-- ZIP:- 8OG..O-r.. ` G6--- 3S31 to.FIELD AND-POOL.OR WILDCAT 4.LOCATION OF WELL(Report location ch-arly sod in accordance with any State requirements.) M O R R E. L L A, surface 660 ' FN L **'19BO'FWL (c- NE NW) II.(Mt%TR.SECT.R AND MERIDIAN At proposed Prod. .nne SAME NE NW 34 T.•S--67 6th R M. . Ig. DISTANCE IF LESS THAN 200 ET.FROM ANY OCCUPIED BLDG PUBLIC ROAD,ABOVE GROUND UTILITY LINE OR IL COUNTY RAILROAD(SHOW FOOTACES ON SURVEY PLAT)a DAIRY BARN 1 A -- SEE PLA '>- DENVER IR.DISTANCE FROM PROPOSED LOCATION TO NEAREST 15.NO. OF ACRES IN:LEASE• 16.NO. OF ACRES AND/OR DRILLING UNIT PROPERTY OR LEASE LINE. FT ,-FO ,t 1 O ASSIGNED TO THIS WELL / (Also to nearest Mfg. line, if any) O LAYQOW N 80 ( t /2 ) 17.DISTANCE FROM PROPOSED LOCATION TOY NEAREST WELL 18.PROIPOSED�/� DEPTH 19.OBJECTIVE ORMATION DRORIAPPL ED FOR.ON THIS LEASE. FT. ✓ 2O 10 ,F 000 LYONS 20.ELEVATIONS(Show whether CR or KB) 21.DRILLING CONTRACTOR PHONE NO. 22.APPROX. DATE WORK WILL START S 280 GR MCKEE DRILLING 866-3534 JAN 15 , x.987 _ .'Y. PROPOSED CASING AND CEMENTING PROGRAM SIZE OF HOLE SIZE OF CASING WEIGHT PER FOOT SETTING DEPTH QUANTITY OF CEMENT • 151' 13" A5 300 ' ISO sKS CLASS N * 12 ' 4 " .9Wg 40 XOOO` 625 SKS cL4SS N 24.15 SURFACE OWNER ALSO THE MINERAL OWNER?YES 0 NO g SuaFAce AG,le EEM a At 7— If NOT surface bond must be on file or copy of surface agreement must be furnished. An- c H ED. PLEASE FILL IN APPROPRIATE If irrigated land,surface bond of$5000 is nquircd CODES: /�/F/� OPER NO. /O_CIS1_1,yy4� DR'S. NO. _0113`, •DESCRIBE LEASE BY QTR. QTR.SEC..TWNSHP..RNC FIELD NO. _L 1�I_ 6 NE NW SEC 34 TWP3S RGC 6 7 W •^ LEASE NO.34, - 95/8 5E r1-fR00GN ALL AQUIFERS, FORM CD. LYN,S Er PROOUCT\VEa WILL SETS SV1aa 15.5# 17.Q PRINT TO 1.i N /f�D o(- —f - sIONFD C` G4/�A 4 l MLR EXPLORATION MGFEDATE -/AN 2, 1387 „hi,'pace for Farleral o.Sole WO PERMIT NO. - - APPROVAL DATE EXPIRATION DATE APPROVED BY TITLE Director DATE Oil Sc Gas Corncrib Gomm CONDITIONS OF APP• ROVAL tF ANY: A.P.I. NUMBER. • See Instructions On Reverse Side a LOCATION PLAT FOR SM lT H OIL COMPANY • T 3 S RG7vve 6 PM DENVER COUNTY COLOPzADO 690' DRIRY BARB tap' in/,4O -1 it'E /NW G. L. 5Z801 34 SCALE 1 i- j400 snIKED /2-30-8b Rev. 1/78 STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES • BOND (Plugging) KNOW ALL MEN BY THESE PRESENTS,That we, of the County of ,in the State of as principals,and ,as surety,authorized to do business in the State of Colorado,are held hereby and firmly bound unto the Mate of Colorado,in the penal sum of(S ), Dollars,lawful money of the United States,for the faithful payment of which we hereby bind ourselves,our heirs,executors,administrators and assigns. The condition of this obligation is that whereas the above bounden principals propose the drilling of a test well or wells for oil or gas(on lands situated in the State of Colorado)on the following described land: • ❑ Blanket Bond: To Cover All Wells Drilled in the State of Colorado 0 Individual Bond: Well No. Lease Section Township Range County,Colorado NOW,THEREFORE, If the above bounden principals shall comply with all of the provisions of the laws of the State of Colorado and the rules,regulations and requirements of the Oil and Gas Conservation Commission of the State of Colorado,with refer- ence to properly plugging said well or wells,then this obligation is void;otherwise,the same shall be and remain in full force and effect. Witness our hands,this day of , 19 — . Principals Witness our hands,this day of ,19 . Approved: Director,Oii&.Gas Conservation • Commission of the State of Colorado Dated: Surety OGCC Form 3A 1178 STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES ® BOND (Surface) KNOW ALL MEN BY THESE PRESENTS,That we, • of the County of in the State of as principals,and as surety,authorized to do business in the State of Colorado,are held hereby and firmly bound unto the State of Colorado,in the penal sum of($ 1, Dollars, lawful money of the United States, for the faithful payment of which we hereby bind ourselves, our heirs, executors, administrators and assigns. The condition of this obligation is that whereas the above bounden principals propose the drilling of a test well or wells ter oil or gas(on lands situated in the State of Colorado)on the following described land: ❑Blanket Bond:To Cover All Wells Drilled in the State of Colorado 0 Individual Bond:Well No. .Lease Section Township Range County, Colorado NOW,THEREFORE, If the above bounden principals shall comply with all of the provisions of the laws of the State of Colorado and the rules, regulations and requirements of the Oil and Gas Conservation Commission of the State of Colorado, • with reference to land damages and the restoration of the land,as nearly as possible, to its condition at the beginning of the lease,then this obligation is void;otherwise,the same shall be and remain in full force and effect. Witness our hands,this day of —19/ Principals Witness our hands,this day of 19_... Approved: ® Director,Oil&Gas Conservation Commission Of the State of Colorado Dated: Surety STATE OF COLORADO FOR OFFICE USE OGCC FORM 4 OIL AND GAS CONSERVATION COMMISSION eLJ FE 'tic I ISE Rev. 1/78 DEPARTMENT OF NATURAL RESOURCES l File in duplicate for Patented and Federal lands. 5. LEASE DESIGNATION It SERIAL NO. • File in triplicate for State lands. SUNDRY NOTICES AND REPORTS ON WELLS e. IP INDIAN.ALLOTTEE OR TRIBE NAME (Do not use this form for proposals to drill or to deepen or plus back to a different reservoir. Use"APPLICATION FOR PERMIT—"for such proposals.) L 4 7. UNIT AGREEMENT NAME OIL GAS WELL ❑ WELL ❑ OTHER 2. NAME OF OPERATOR & FARM OR LEASE NAME 3. ADDRESS OF OPERATOR 9. WELL NO.. 4. LOCATION OF WELL(Report location clearly and In accordance with any Sou requirements. r0- FIELD AND POOL.OR WILDCAT Se also space 17 below.) At surface • 11. SEC..T_R.,M.,OR aLK.AND At proposed prod.zone SURVEY OR AREA 14. PERMIT NO, 15. ELEVATIONS(Show whether DF,RT,GR,etc.) 12. COUNTY 13, STATE 16. Check Appropriate Box To Indicate Nature of Notice, Report or Other Data NOTICE OF INTENTION TO: SUBSEQUENT REPORT OF: ^— TEST WATER SHUT-OFF PULL OR ALTER CASING WATER$HUT-0FF REPAIRING WELL FRACTURE TREAT MULTIPLE COMPLETE FRACTURE TREATMENT _ ALTERING CASING SHOOT OR ACIDIZE ABANDON SHOOTING OR ACIDIZING ABANDONMENT* — REPAIR WELL. CHANGE PLANS. (Other) (Over) (Note:Report results of multiple completion on Well `""' — Completion or Recompletion Report and Log form.) 17. DESCRIBE PROPOSED OR COMPLETED OPERATIONS(Clearly state all pertinent details,and give pertinent dates,including estimated date of® starting any proposed work.If well is directionally drilled,give subsurface locations and measured and true vertical depths for all markers and zones Pertinent to this wort) 18. Date of work * Must be accompanied by a cement verification report. 4 • 19. I hereby certify that the foregoing Is true and comet PRINT SIGNED TITLE DATE • (This space for Federal or State office use) APPROVED BY TITLE DATE CONDITIONS OF APPROVAL,IF ANY: OGCC FORM STATE OF COLORADO R(70/86) FOR OFFICE USE OI{-AND OAS CONSERVATION COMMISSION ET DEPARTMENT Of NATURAL RESOURCES _ • File one copy for Patented Federal and Indian lands. File in duplicate for State lands".- S.TYPE OF WELL WELL COMPLETION OR RECOMPLETION REPORT AND LOG O°u a GAS DRY O INJECTION OTHER I.OPERATOR - PHONE 6"TYPE OF COMPLETION 0 COMMINGLED ONEW WELL 0 DEEPENOPLUG BACK ADDRESS - ❑MULTI-COMPLETE ❑OTHER_ 7. FEDERAL OR STATE LEASE NO. 2. DRILLING CONTRACTOR PHONE S.IF INDIAN.ALLOTTEE OR TRIBE NAME 3. LOCATION OF WELL(Fooragesfrom section lines) 4.ELEVATIONS 9. WELL NAME AND NUMBER KB. At surface OR 10. FIELD OR WILDCAT At top prod interval reported below At total depth - H. QTR QTR SEC-T.K AND MERIDIAN WAS DIRECTIONAL SURVEY RUN? NOO YES DIP YES.ATTACH COPY 12. PERMIT NO. 13,API NO. 14.SPUD DATE 15.DATE TO 16.DATE COMM_ 17.COUNTY IS. STATE OS REACHED ❑IAA CO. 1 D READY TO PROD 19.TOTAL DEPTH 20. PLUG BACK TOTAL DEPTH 2L DEPTH BRIDGE PLUG SET MD TVD 1MD TVD MD TVD 22.TYPE ELECTRIC AND OTHER MECHANICAL LOGS RUN(SUBMIT COPY OF EACH) 23.WAS WELL CORED? NO O YES O (SUBMIT ANALYSIS' WAS DST RUN? NO O YES O (SUBMIT REPORT) 24.CASING& LINER RECORD (Report all strings set in well) inaleaHM'La na.O,SKS a TTPn Duna*TOL low TOP OF CEMENT SIZE we)cxrlErvPt1 HOES SUE TOP(MD) BOTTOM(MD) wPra a,�� • 25. TUBING RECORD SIZE DEPTH (MD) ! PACKER DEPTH(N0) SIZE DEPTH SET:MD) PACKER DEPTH(MD)II SIZE DEPTH SET(MD) PACKER DEPTH(MD) 25. PRODUCING INTERVALS 27. PERFORATION RECORD FORMATION TOP BOTTOM PERFORATED INTERVAL SIZE NO.HOLES PERK STATUS A) Bi C) D) 28. ACID,FRACTURE.TREATMENT,CEMENT SQUEEZE,ETC. DEPTH ;f.kiTERVAL AMOUNT AND TYPE OF MATERIAL 29. PRODUCTION-INTERVAL A DATE FIRST TEST HOURS lift_ OIL GAS WATER OIL GRAVITY GAS PRODUCTION METHOD PRODUCED DATE TESTED10N BBL MCF BBL CORK API DISPOSITION CHOKE FLOW.TBG CSG. 24 HR. OIL r-GAS WATER GAS OIL WELL STATUS SIZE PRESS. PRESS RATE BBL MCF BBL RATIO • PRODUCTION-INTERVAL B DATE FIRST 'TEST HOURS Tsar OIL GAS WATER OIL GRAVITY GAS PRODUCTION METHOD PRODUCED DATE TESTED "°°�'°" BBL MCF BBL CORK API DISPOSITION CHOKE FLOW.THO 'CSG. 24 HR. OIL GAS WATER GAS:OIL WELL STATUS SIZE PRESS. PRESS RATE BBL MCF BBL RATIO COMPLETE AND SIGN BACK PAGE PRODUCTION-INTERVAL C DATE FIRST TEST HOURS tsar OIL GAS 'WATER OIL GRAVITY GAS PRODUCTION METHOD PRODUCED - DATE TESTED BBL Ma 1384 CORR.API DISPOSITION CHOKE FLOW.T1:G. CSG 24 HR. OIL GAS WATER GAS 1XL. WELL STATUS SIZE PRESS PRESS RATE BBL MCF BBL RATIO PRODUCTION-INTERVAL D DATE FIRST TEST HOURS tUT OIL . GAS WATER OIL GRAVITY GAS PRODUCTION METHOD PRODUCED DATE TESTED 1.' RBL MCF BBL CORR.API. .DISPOSITION CHOKE FLOW.TBG. Cf(L 24 HR OIL GAS 'WATER GAS:OIL WELL STATUS SIZE PRESS PRESS RATE 8BL MCP BBL RATIO 30. DISPOSITION OP GAS(Sea a dfirp{sera(tie) 31. SUMMARY OF POROUS ZONES(INCLUDE AQUIFERS); 32. FORMATION(LOG)MARKERS SHOW ALL IMPORTANT ZONES OF POROSITY AND CONTENTS THEREOF:CORED INTER- VALS AND ALL DRIL.STEM TESTS.INCLUDING DEPTH INTERVAL TESTED,CUSHION USED.TIME TOOL OPEN,FLOWING AND SHUT-IN PRESSURES AND RECOVERIES TOP FORMATION TOP BOTTOM DESCRIPTIONS,CONTENTS,ETC. NAME 14F AS DEPTH • A 33. ADDITIONAL REMARKS(INCLUDE PLUGGING PROCEDURE): • 34. CIRCLE ENCLOSED ATTACHMENTS - 5. .SUNDRY NOTICE FOR PLUGGING AND CEMENT VERIFICATION 1. MECHANICAL LOGS(1 Poll set nq'd) 3. DST REPORT 6. CORE ANALYSIS • 2. GEOLOGIC REPORT 4. DIRECTIONAL SURVEY 7. OTHER 35. [hereby certify that the foregoing and auacSSd information is complete and caned as determined from all(suable records PRINT • SIGNED TITLE DATE '•GCC FORM} R(t 0/86) STATE OF COLORADO FOR OFFICE USE OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES F— FE 1 UC ( !SE File one copy for Patented Federal and Indian lands. • File in duplicate for State lands. $.TYPE OF WELL. • WELL COMPLETION OR RECOMPLETION REPORT AND LOG OIL tgcns Q DRY Q INJECTION Q OTHER I. OPERATOR PHONE 6.TYPE OF COMPLETION ❑COMMINGLED SMITH 01i, COnn PANY (303) 866 -3531 ❑�pNEW WELL 0DEEPI•N Q PLUG BACK ADDRESS Sr2MULTI-COMPLETE 0 OTHER S1560 LOGAN J DENVER CO 80203 7. FEDERAL OR STATE LEASE NO. 2. DRILLING CONTRACTOR PHONE MCkEE DRILLIA1G ( 303) 866 -- 3532 B.IF INDIAN,ALLOTTEE OR TRIBE NAME 3. LOCATION OF WELL(Footage:from section lines) 4.ELEVATIONS 9. WELL NAME AND NUMBER r l F^ / /� KB 5295 PI RO 1 At surface 660 N L q 1980 FWL GR 5280 10. FIELD OR WILDCAT • At top prod intcrval reported below SA MG M O R R E L L At total depth SA 11/44E I I. QTR.QTR.SEC.T.R AND MERIDIAN WAS DIRECTIONAL SURVEY RUN? NOO YES ZIF YES.ATTACH COPY C NE NW 34- 3S- 7W-6 ' 12. PERMIT NO. 13.API NO. ,(II 1/4.SPUD DATE I5.DATE TD I6.DATE COMPL. 17./C�OUNTY I8, STATE 87- O Os- 031-00013-iID / 1 Z�I s7 gREADYTO PROD 3158/ DENVER Co. 19.TOTAL DEPTH 120. PLUG BACK TOTAL DEPTH 21. DEPTH BRIDGE PLUG SIT MD 9650 -Dm SAME MD 9400 TVD SAME MD 9300 TVD SAM E 22.TYPE ELECTRIC AND OTHER MECHANICAL LOGS RUN(SUBMIT COPY OF EACH) 23.WAS WELL CORED? NO I7 YESKK(SUBMIT ANALYSIS) GR- RES SONIC ) DENSITY- NEUTRON ) CS L - WAS DST RUN? NOOYES'(SUBMIT REPORT) 24. CASING& LINER RECORD (Report all strings set in we!!) SIZE WEIOHT(L➢/FT) HOLE SIZE TOP(MD) BOTTOM(MD) n"°a a Nagirg TMn SLUM It-M.1 TOP OF CEMENT • 13 " 45 15 SURF 2.95 - 115 ?T 36 SUF2t=ACS 954` 4Q t�4 SURD 1980 On hZ 1400 " 900 ?Too 6 2 SURFACE 5'/z I55-RD 7'/8 SURF 9400 - 500 1510 , 5700 op-rt. 1.11 4o0 -LITEJ 25. TUBING RECORD SIZE DEPTH SET(MD) PACKER DEPrHIMD, SIZE DEPTH SET(kW) PACKER DEPTH(MD) SIZE DEPTH SET(MD) SACKERDEPRIpan a 43 .9204 9200 26. PRODUCING INTERVALS 27. PERFORATION RECORD FORMATION TOP BOTTOM PERFORATED INTERVAL SIZE NO.HOLES PERF.STATUS A) MORRtSon; 9310 933O 9310 -9320 a32. 20 SG≥UEFZEO B) C LOVE REY 9250 9280 9 254 S%,6o-64 0.42 36 OPEN c) ()MAD I 9110 9140 .9110 —91j5 O. s5 to O2EI4 0) 28. ACID, FRACTURE,TREATMENT,CEMENT SQUEEZE.ETC. DEPTH INTERVAL AMOUNT AND TYPE OF MATERIAL 9310 -0320 SQUEEZED , 3O 5K5 9251 -3264 500 GAL MCA 9i10 -9115 200 GAL MCA -F- FRACED MfIT-1.1 40, 600 l4L5 GELLED WATE-R + 100,000 L. 135 or 20/40 $4119. ' 29. PRODUCTION-INTERVAL A _ DATE FIRST I TEST HOURS TMOIL GAS WATER OIL GRAVITY GAS PRODUCTION METHOD PRODUCED DATE TESTED '"°°'Kr'°" in MCF BBL CORK API DISPOSITION N/A 3-5-87 48 -I 0 5rM 480 - - NOM- PRODUCTIVE- CHOKE FLOW.TBG. CSG. 24 HR OIL I GAS WATER GAS OIL WELL STATUS SIZE ICJ PRESS II PRESS RATE BBL MCF BBL RATIO • 64 III _ 200 -4 0 II-bill/1 24 0 -� SQUEEZED ZDN r~ PRODUCTION-INTERVAL B DATE FIRST I TEST HOURS rrsr OIL GAS WATER OIL GRAVITY GAS PRODUCTION METHOD PRODUCED DATE TESTED "IDEA°" BBL MCF BBL COAR,API DISPOSITION 3208 3987 iz --) 76 10 I 504 u5ED PUMPINIa 1 CHOKE FLOW.TBG CSG. 24 HR. OIL GAS WATER GAS:OIL WELL STATUS SIZE PRESS PRESS RATE BBL MCF BBL RATIO PRO D V C 1 — -- -4 152 20 2 .132 r COMPLETE AND SIGN BACK PAGE PRODUCTION- INTERVAL C. DATE FIRST TEST HOURS "3r OIL GAS WATER OIL GRAVITY GAS PRODUCTION METHOD PRODUCED E 8 "") s 159 rsrM BBL C Ni A SOLD N FLOW' w 6 CHOKE FLOW.TBG CSC.. 24 HR. OIL GAS WATER . GAS OIL WELL STATUS SIZE PRESS. PRESS. BBL RATE BBL MCF RATIO N/A N/A 500, -4 3 417 r5rM 153, 00 0 PRODUCING PRODUCTION- INTERVAL E, • DATE FIRST TEST HOURS nar OIL GAS WATER OIL GRAVITY GAS PRODUCTION METHOD PRODUCED DATE TESTED "min" BBL MCF BBL CORK API DISPOSITION CHOKE FLOW.TBG. CSC- 24 HR OIL GAS WATER GAS:OIL WELL STATUS SIZE PRESS PRESS RATE BEL MCF BBL RATIO I 1 30. DISPOSITION OF GAS(SA*uMJarj%et rna.d it) CLovRLY — USED FOR FUEL ; QMAD 1 - SoLD (FORM &O Er4CLDSc,D) 31. SUMMARY OF POROUS ZONES(INCLUDE AQUIFERS) 32. FORMATION(LOG)MARKERS SHOW ALL IMPORTANT ZONES OF POROSITY AND CONTENiSTHEREOF: CORED INTER- VALS AND ALL DRILL-STEM TESTS,INCLUDING DEPTH INTERVAL TESTED,CUSHION USED,TIME TOOL OPEN,FLOWING AND SHUT-IN PRESSURES AND RECOVERIES. TOP FORMATION TOP BOTTOM DESCRIPTIONS.CONTENTS,ETC. NAME MEAS. DEPTH D4W SDN 750 Boo Warm lz SAAR BASE FDX HILLS 1900 ARAPANo[ 16'b 1480 W'AT&R S141•ID PIERRE I 9 0 5 =o x 1-4'L:LS 1850 19oO w/ArE rz s4Q p W I fl4 N 10 S R 4 RA 80 40 IN TER SEDDEO COAL . CODELL e350 0m401- 9110 9115 Sce £%. CLO5E5 GREENS HORN 8870 CLDVERLY 925f 9264 GeoL-oslc4L R.Efl r OMAD1 9080 MORRISON 9310 933a DS f,' CORE AIJALYSrS. C LOVE-RL_y 9 240 SKULL CREEK 9 2.90IIII MORR( SON 931O -FD 9 6 50 33. ADDITIONAL REMARKS(INCLUDE PLUGGING PROCEDURE)- 34. CIRCLE ENCLOSED ATTACHMENTS - 5. SUNDRY NOTICE FOR PLUGGING AND CEMENT VERIFICATION I. MECHANICAL LOGS(1 full act roq d) 3. DST REPORT 'ORE ANALYST% 2. GEOLOGIC REPORT 4. DIRECTIONAL SURVEY. T. OTHE>t PD RNA 10 35. I hereby certify that the foregoing and Cached information is coedeu mad eared as deteemioed from all available recent* • PRINT �MARY A 5�/�(M� 1 r N p p �I �] A f7 �7 SIGNED!! / Ainials mu PF�DDocnoJ MA R_ DATE M4RC 14 2S 1 199 o F 0.2 all • 0 Cm Cm ° Icl 0 )4} I ! 5 !| 1 I § 43 44a . - $I f act I. 0 Li: ... 0 / J § 0 . 2 [§n IL} o . 2` 3 us § 3 1 aIS. -A 3'1- aa ) ° ` . % � z 2 ( k■ z So , ° k §o z t k\lu� ) kk & A 0 >OO 0 -x ! CC U) CO m2 &r . §•I§ K Ok . $ 0o 4 Li- CC jr ti cc \ $Z"I.L 88 " \§Z k 0E2 ) _ k in52 ) to °ao o / q§ k CC cc»� O $ 2k 2 Oiu ` - ® 0 0 ( } ` ° — � � J c . § 00 0 Ill ' 5 7 ) co 2 z 49 / j \ 2 § ' •cu ■ a k ,mI 7 } 2k 0) a0 2 Cl W; 7 7 _ ! -• k 8 k ° NCO C° -- la » • )-Jilt � � ` \ j )! 220 0k§9 k2 ] a %2 I k CIT 0000 CORM S VWo t fir/ t53. to/. • VenAobon 1i� y.�• /g 76% OIL AND GAS CONSERVATION COMMISSION SUITE 380 LOGAN TOWER BUILDING 1580 LOGAN STREET DENVER COLORADO 80203 OIL AND GAS CONSERVATION LEVY For Quarter Ending L J Only the taxpayer named above is authorized to use this Return This return and remittance due and payable on or before Mardi 1, June 1, September 1, and December 1 of each year. MAKE CHECKS PAYABLE TO OIL & GAS CONSERVATION COMMISSION MAIL TO: OIL & GAS CONSERVATION COMMISSION SUITE 380, 1580 LOGAN STREET; DENVER; COLORADO 80203 This Return covers Oil and Natural Gas produced and marketed during quarter.of Levy Payment Due(Totals, Columns 8 &14, page 2)• - _ S Interest Payment Due (At rate of three percent(3%) per month from date of delinquency until paid S Total S INSTRUCTIONS 1. Mail this form and any remittance to the Oil and Gas Conservation Conamission to Suite 380 Logan Tower,1580 Logan Street, Denver, Colorado 80203_ 2. Details of value reported must be shown on reverse side of this sheet(Page.2). 3. Exempt interest are:The United States of America,the State of Colorado or any of its Political Subdivisions,and any Indian or Indian Tribe on production from land subject to the supervision of the United States.Reason must be given for all exemptions taken. 4. Page 3 showing percentage interest of each owner of interest in the oil and gas produced and sold shall be sub- mitted with the initial remittance for each lease:thereafter,only changes of interest need be submitted.Division orders may be submitted in lieu of.page 3. I _ am hereby authorized by to submit this report and do certify that to the best of my knowledge the information contained herein is correct • Signature ct Taxpayer Dated Page/' of - — I 0 9 O ite m r r Y _ I ir 0 i 11 F ..hiea o no S a -3.m - 9 o 0 f ~ 0 'oN Sala llap JO JOlalado. 3 t 0 es SR 7 N as -.52 no t t2: o A. Be o1 6 m v q r • 3 Eat O -re •$ c tS• c u P ': - o W� _ m <- 0 -2 E m ws O • a m u $ Ski . - - — SO t 1-11 n c m m • ..E .I.I... n • k3 m .. >o a at e m es 4a W 8 Z a Qa O c t WO P III 3 g s� E : c 3 4 o f V >� 1Z • c E J- m O S q2 '061 CS 44 • B iayOtl¢Otii 3 !n� _ 9 _ ,o Wlzado _ 11 �.8 W $1 • It'll Y m il' 5R Aft J¢I I ) J wuk W r W • hili 3 fith � i . 8� z t co Q . cr 2 W LL~ _ aOw �Z !- N LL W O¢ SW Z • N us S W ...1c Q en 0 CCA u. 0 F m CO f- < O mr=—, w I I'D Pc CC • o W L :� r ca •W �R Z 0 ID O a � _ o� O= K i w2,2 t p W t— oY - } 2 J O W o 0 0 H i O = C a W › _' U U Q .gym Z ¢ o 0 Z 6 4 b E To � V U 7:63 W y y y Z 0 O N J 0 2 m c C U - c oi— Gc `1 • G a W7 =0,.C o=i• ZZ VSmo W • WWq dC 05 yc e C O - et LL J • m4 d H H O • I Ili P- 0 Z I OGCC FORM 9 Rw. /111 • STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES GAS OIL RATIO REPORT OPERATOR FORMATION _ FIELD ODITNTY ear. ..ass watl Tat PuElai Was Prod.Prod.Snag Tat OOR Law Has Nn. MINIM Motion Pass Sarnia 1[st Na Data 'FP 01 as SPM !l flit the Oil water On Crain • (Ga Volume aces M arywts4 lo MR main'at s moNW.►an of Wanks ads tsmpcnwv of sera I/we hereby swear (or affirm) that the statements herein made are a:hall and cornet report. Company_ Pat. ® Addr... Phone No By Mama) OOCC FORM 10 FOR OFFICE USE Rw.10/88 1 i1C SE STATE OF COLORADO • OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES CERTIFICATION OF CLEARANCE AND/OR CHANGE OF OPERATOR • OGCC Lease No. • Lease Name Well No. *Complete only if this well is part of a previously producing lease. Loc. Sec. Township Range API No. County Field OGCC Field No. Producing Name&No. Formation(s)°•• Operator ***A separate Form 10 must be submitted for each producing Street formation of multiple completion. Recompletion Commingled Completion City State Zip •• COMPLETE IF CHANGE OF OPERATOR Previous Operators* Effective Date of Change Oil Gas Transporter Gatherer Name No. Name No. • Street Street City State Zip City State—. Zip Date of First Prod. Date of First Sales Method of Water Disposal: _Central Pit Commercial Pit Royalty Owner. On-Site Pit _Injected _N/A State Federal _ Indian • Number of Acres in Lease Patented List the Responsible Payor(s)of the Conservation Levy with respective OGCC Numbers(if multiple payors,show percent each is responsible for). 1. Oil Payor(s)and No.(s) 2. Gas Payor(s)and No.(s) The undersigned certifies that the rules and regulations of the Oil and Gas Conservation Commission of the State of Colorado have been complied with except as noted above and that the transporter(s)is(are)authorized to transport the oil and/or gas pro- duced from the above described well and that this authorization will be valid until further notice to the transporter named herein or until cancelled by the Colorado Oil and Gas Conservation Commission. • OGCC Approved: Name(Please Print) Signature Signature Title Date Title Date • nrri roam +o FOR OFFICE USE kij UC SE STATE OF COLOliADO OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES CERTIFICATION OF CLEARANCE AND/OR CHANGE OF OPERATOR OGCC Lease No. • Lease Name P ( Q O Well No. 'Complete only if this well is part of a previously producing lease. Loc. G N E u W Sec. 34 Township 3 S Range G7 W API No. 05-0 (—0120nitlI . County DEeR Field MORRELL OGCCFieldNo. 045( 7 - Operator Producing Name& No. S M t TH n l L CO -tad coon r( Formation(s ' C L O V E-RL-Y Street 15 80 LOL-,AIK) Sr •'•Aseparate Form l0 must be submitted for each producing formation of multiple completion. city DErfJ R State Ca Zip BO 2b3 Recompletion "Complete if change of Operator Previous Operators' • Commingled Completion I Effective Date of Change _ (Submit Diagram) Oil Gras • Transporter Gatherer Name OIL HAULERS ,rNC_ No. 12.345- Name WV.A• _ No. treet 1313 S HERPA/4N Si- Street • • City D EN VE Iz State Zip Rb 21 City State— Zip Date of First Prod. _ 3 2O$7 _ Date of First Sales Method of Water Disposal: Central _ Commercial Royalty.Owner. X Pit _ Injected N/A _._, State _ Federal __._ _ Indian Number of Acres in Lease I GO _X.. Patented List the Responsible Payor(s)of the Conservation Levy with respective OGCC Numbers(if multiple payers,show percent each is responsible for). / su r ' i- Oil Payor(s)and No. W(s) _Q i l- L-[=R S J— t•,} C — 1 a345 2. Gas Payor(s)and No.(s) N l r't - The undersigned certifies that the rules and regulations of the Oil and Gas Conservation Commission of the State of Colorado have been complied with except as noted above and that the transporter(s)is(are)authorized to transport the oil and/or gas pro- duced from the above described well and that this authorization will be valid until further notice to the transporter named herein or until cancelled by the Colorado Oil and Gas Conservation Commission. C SOGCC Approved_ MARY 5j. SM krr4 _Name(Pku✓cc PPrriinntt)/" `/A Signature cut —7 T,t:c Datc 7i4�opciioN MG•R. Da 3 - 2-5-8 orr:r• road to FOR OFFSCE USE FE Spj • STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION . DEPARTM ENT OFNA'TURAL RESOURCES • CERTIFICATION OF CLEARANCE ANDIOR CHANGE OF OPERATOR OGCC Lease No. ' Lease Name P I R O Well No. . *Complete only if this well is part of a previously producing lease. Loc. C- tJC-N Sec. 34 Township_ 35 Range 67kV - API No.05C1 County DENVER Field M rtRE1—L OGCC Field No. 04567 • Operator Producing Name & No. S M 1 T1-4. Q 1 l— CO 0000 1 Formation(s)"' t)M A D 1 Street IS 80 Lp6AN Sr «'A separate Form ic)masstbesubrnittedfor each producing formation of multiple completion. City D R. State fin Tap 80203 Recompietioa :'Complete if change of Operator. Previous Operator" Commingled Completion Effective Date of Change (Submit Diagram) Oil Gas Transporter / Gatherer Name . NI/ A _ No. • Name CHAS &AT 4&F )SE .1-NC No.67890 Street Street ISIS G RAND r Sr City State_ Zip City DEN V E-R�_ state Co zip 80243 • Date of First Prod. Date oflirst Sales _ 3 • tO 8 7 Method of Water Disposal: Central Commercial - Royalty Owner Pit Injected N/A , State _ Federal Indian Number of Acres in Lease _ 1C0 )( Patented List the Responsible Payor(s)of the Conservation Levy with respective OGCC Numbers(if multiple payers,show percent each is responsible for). I. Oil Payor(s)and No.(s) N!A' 2. Gas Payor(s)anti No.(s) &A$ G RT I+ERu.a rt. C 6,7A90 The undersigned certifies that the rules and regulations of the Oil and-Gas Conservation Commission of the State of Colorado have been complied with except as noted above and that the transporter(s)is(are)authorized to transport the oil and/or gas pro- duced from the above described well and that this authorization will be valid until furthernoticeto the transporter named herein or until cancelled by the Colorado Oil-and Gas Conservation Commission. OGCC Approved: MARY ' CM ) h') • Name(Please Print) Signature - sipattr _ _ PRnnocnom W 6 5- 25-87 Ta:e —� Date Tick Data oocC FORMn M.ILY STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OP NATURAL RESOURCES MONTHLY REPORT OF GASOLINE OR OTHER EXTRACTION PLANT ® INSTSUOTIONS This form Is to be f11ed on or before the t.eatr-fifth (25th) day of each month covering the aretedlaa month • Name&Plea For tae Moab d .19 Andrus(Pleat) Field.Served County Report Gas Volumes in Mcf measured at a pressure bas of 14.73 psis and a temperature of 60'F. INTAS.E VOLUME Intake volume from Oil Wells Mcf Intake volume from On Wells Mel TOTAL Intake volume (Details on Sheet 2) Mcf DISPOSITION OP RESIDUE Plant Fuel Mel Returned for Lease Fuel Sold or Other Disposition (Detail Below) Returned to Earth Vented Shrinkage TOTAL M.f DETAIL or SALE OR OTHER DISPOSITION OP RESIDUE Name of Purchaser or User Address Used for Mcf • • TOTAL PLANT PRODUCTION, RECEIPTS, DELIVZ?ES FLARE AND STOOK IN 41OALLON BARRELS Product Opening Stock Receipts Production Deliveries Flare Closing Stock Crude Oil Condensate Gasoline Butane Propane Kerosene Other TOTAL REMARKS- . I/we hereby swear (or affirm) that the statements herein made are a full and:correct report Company :Dee Adelman Phone No. Riot By Tide kai.�o • OCCC VORM al Dial Nov.t/ta STATE OF COLORADO OIL AND OAS CONSERVATION COMMISSION • • DEPARTMENT OF NATURAL RESOURCES MONTHLY REPORT OF GASOLINE OR OTHER EXTRACTION PLANT Itr)wn of For the Month of 19_ Report ps volumes to Md measured at a pmnwe base of 14.73 pita and a temperature of 60'F. DETAIL OP !STAKE VOLITYR NANt OF PRODUCTS LEASE WANT a MITER STATION TAKE(id) PRODUCER TOTAL (MCI) • GRAND TOTAL OCCC Form 22 STATE OF COLORADO • OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES TRANSPORTERS MONTHLY REPORT INSTRUCTIONS •` This form it to be filed on or Wore the twenty-tttth (25th) day of each month conerlag the Precedhna month Report of For the Month of I9_r TOTAL STOCK FIRST OF MONTH Receipts by Fields FIELD ' BARRELS TOTAL Receipts from Other Sources RECEIVED FROM PLACE OF RECEIPT B,hnnrrS • TOTAL TOTAL RECEIPTS _ STOCK FIRST OF PERIOD PLUS RECEIPTS Deliveries TO WHOM PLACE OF DELIVERIES BARRELS TOTAL DELIVERIES TOTAL STOCK END OF PER1l&D SHORTAGE OVERAGE TOTAL DELIVERIES AND STOCKS PLUS SIORTAGE OR MINUS OVERAGE I/We hereby swear (or affirm) that the statements herein made are a full and correct report Company Vat' Address Phone No By Title (&sasthre) • �._ 00CC rem is • STATE OF ODLORADO • OIL AND DAS CONSERVATION C0MNI8g10R DEPARTMENT Of NATURAL RESOURCES RESERVOIR PRESSURE TEST Operator For the Month of I9_ Formation Field County Equipment Used (Forms used by operator giving same information as below may be submitted in lieu of this form). Build Prewar* Name WallNo. Datf v Depth at Depth PRZSSIMD RZSZRTOIS DATUM of of Name No. TIMTat ( ) Tat per) as ' at. De th Ptwe. Tem . ® REMARICEL_ I/We hereby swear (or affirm) that the statements herein made are a fell and correct report. Company Tat. Address Phone No By Tin. (alotatare) • FACILITY NO. _ FOR MONTH OF _, 19 State of Colorado Oil and Gas Conservation Commission Department of Natural Resources • OGCC Form 14A• Revised 9/30/88 MONTHLY REPORTS OF FLUIDS INJECTED • Operator Field _ County Formation 1. File not later than 25th of month Immediately following month covered by this report. 2. Complete both sides of this report. 3. Report gas volumes in Mcf measured at a pressure base of 14.73 pelt(and a temperature of e0° F.MI liquid volumes In Standard U.S.42.0at barrels. 4. Only One Facility Per Report. 5. All*items must be reported each month. *API No. Well Name& Na "Fluids Injected *Maximum Psi Allowed verage vveerra�goee Gas Water CasiniaTtbing BiadmMad (Men (Bbl) Other � � Pressure Nxxausas re r eska Pal psi l psi __. - --.. ... Pal -- . .. .. psi pal psi _ --- pal pal Psi .. _.. ,..: phi Psi -- _ pal pal Remarks:" (Complete source Information on reverse side) Include treatment and date of initial injection on new injections wells. I/We hereby swear(or affirm) that the statements herein made are a full and correct report • Company Date Address - Phone No. _ -._.,... By Title. _ _. INJECTION FLUID SOURCE LEASES List ale teases from which produced water was obtained for injection into this heady this month. If water was hauled by truck this information must be obtained from the transporter. tease numbers,locations.field,and reservoirs are available at the Commission upon_reawst Leaf ii Wei! Names 6 No. Operate _ Ye V. Sc: Twp Rag F�eltlr • • TMHSPORTlRS USED(Below list all transporters which supplied produced water to the injection es facility.Include all source leas listed above which were hauled by each transported. - Transporter Name Source Lease Numbers'Lease Number Lease Number tease Number Lease Nulty -too termer lane Neuter Lew Neel* tease Number lease resewLease Numb* (ease Number terse Nembeg Wee Number Len*zebu Wee Nambef Lease Number Tease Number Vase Number tease Number Lease floater Lease Number Luse Number tease Number Lease Number tease teams it more space Is needed attach additional sheet Rey. 12/866CC Form sea STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION Department of Natural Resources MECHANICAL INTEGRITY REPORT Facility Number API Number- Wes Name and Number Field Location(W W.See-Tee,Rag) Operator Operator Address qty State Zip Code • Operators Representative at Test Ares Code Phone Number ) 1. If both Part I and Part ll are not completed,the mechanical Integrity test can- 3. A pressure chart must accompany this report,it the pressure test was not wit- not be approved and will be returned to the operator. flossed by a state representative. 2. Notice must be given to the Commission prior to performing any required 4. Facility numbers and API numbers are available at the Commission upon pressure test. request PART I (choose one of the following options) 1. Pressure test (Pressure tests should De a minimum of 15 minutes,at 300 psi or minimum injection pressure whichever is greater. A minimum 300 psi diflerentiiail pressure must be maintained between tubing and tubing/ceaing annulus pressures) A. Well Data at Time of Test a Test Data Tubing Size Tubing Depth Top Packer Depth - rM-ultiple Packers Test Date Date or Last Approved Mechanical Integrity Tell _❑ yes ❑ NO Bridge Plug Depth Injection loners),name Infection Interval(gross) 'tasting Test Pressure Final Test Pressure Pressure Loss or Gain During Test to Infected Th.•u Test Witnessed by State Rep. Tubing Pressure During Test Well Status During Pressure Test Perforations ❑ Open Role iJ Yes 0 No ❑ Infecting 0 shm-in 0 Open 2. Monitoring Tubing - Casing Annulus Pressure Procedure must be approved prior to initiation and only after satis- factorily passing an initial pressure test Dare of Pressure Test Test Pressure Date Pressure Test Approved Menitonrg to Start (Month.Yeah in 3. Alternate Test Approved by Director (see Rule 327)Attach procedures and togs with report Procedures subject to review by EPA PART II (Choose one of the following) Attach records, charts, logs where appropriate. El 1. Cementing Records - (valid only for Injection wells in existence prior to July 1, 1986) • Casing Size Hole Size Depth Set No.Sks Cement Calculated Cement Tops Surface Casing Production Casing Stage Tool Test Date Temperature Test Date ❑ 2. Tracer Survey O 4 Survey CBL or Test Date ❑ 5. Alternate Test Approved by Director ❑ 3 equivalent (Prrooc Procedures s subject to review byEPA logs with report I hereby certify that the statements herein made are true and correct • Signed Title Date For State Use: Approved by Title_ Date Conditions of approval, if any. OGCC Form 15 STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION SDepartmental Natural Resources APPLICATION FOR PERMIT TO USE EARTHEN PIT 1. CHECK ONE NEW PIT EXISTING PIT RECEPTACLE OTHER 2. NAME OF OPERATOR 3. ADDRESS OF OPERATOR 4. LEASE NAME 5. PRODUCING FORMATION(S) 6. PRODUCING OIL. COND., GAS 7. LOCATION-nearest 10 acres, Y. V.Sec. T. R. - 8. COUNTY 9- FIELD NAME 10. SIZE OF PIT(S) or RECEPTACLE 1. Length Ft.Width Ft. Depth Ft.2. Length Ft. Width Ft. Depth Ft. 11. CAPACITY 12. ESTIMATED INFLOW 13. DISTANCE IN FEET TO CLOSEST STEAM, CREEK, POND, IRRIGA- TION DITCH 1. PIT BBLS. 2. PIT BBLS. BBLS/DAY Ft. 14. MAXIMUM FLUID LEVEL 15. SURFACE SOIL TYPE ABOVE AVG. GROUND LEVEL Ft. 16. DISPOSAL OF PIT CONTENT: • EVAPORATION , HAULED (PIT LOC.) , DISPOSAL WELL (LOC). 17. TYPE OF SEALING MATERIAL (including specifications) 18. ADDITIONAL INFORMATION (By attachment include detailed plan and drawing of operation,chemical analysis of produced water, maps, logs. retaining pits or receptacles and other information as may be required by Rules 328 and 329 of the Rules and Regulations of the Oil and Gas Conservation Commission.) 19. I HEREBY CERTIFY THAT THE FOREGOING IS TRUE AND CORRECT SIGNED TITLE DATE THIS SPACE FOR COMMISSION USE APPROVED BY TITLE DATE CONDITIONS OF APPROVAL, IF ANY: 0 Z 0 D S oa c-_ a_ TLL F- L 0 V3 } C 0 Z F m o CC 0 J CA 0 a _W w d 2 ¢ m • y a 7 a) _ 0 m O u o Z E o Z v o z a w a LL Wz a =n OU7 O N Om I-Lure' F V E CC `n CO a w m • a a a p it m Z w Q w N a a O 3 m In A C J sit; Z E. Ev o R V .C Z a a. • E O m J O o c p U l0 d as • OGCC FORM 10 FOR OFFICE USE ONLY Rev.9/87 STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION ET 1 FE UCI SEI DEPARTMENT OF NATURAL RESOURCES ✓ CERTIFICATION OF CLEARANCE AND/OR CHANGE OF OPERATOR •OGCC LEASE NO. LEASE NAME WELL NO. API NO. FIELD NAME 8 NO. COUNTY LOCATION l%'4 SEC.TWP..RNG.} OPERATOR NAME —°DCC OPR.Nil.' AREA nODE PHONE NUMBER OPERATOR ADDRESS ` CITY STATE ZIP CODE ••PREVI5US OPERATOR EFFECTIVE DATE OF CHANGE Complete only if this well is part of a previously producing lease. "Complete only if change of operator. PRODUCING FORMATION(S)(A separate FORM 10 TYPE OF COMPLETION must be submitted for each producing formation of a 0 NEW COMPLETION 0 COMMINGLED COMPLETION Multiple Completion.) ❑ RECOMPLETION 0 MULTIPLE COMPLETION New Well Test Data on 24 hr. Basis: Bbls.Oil Mcf Gas Bbls Wtr. OIL TRANSPORTER (Purchaser) GAS GATHERER(Purchaser) NAME 06CC NO. NAME OGCC NO. ADDRESS ADDRESS CITY STATE ZIP CODE CITY STATE ZIP CODE AREA COD E PHONE NUMBER DATE OF FIRST PRODUCTION AREA CODE PHONE NUMBER DATE OF FIRST SALES t ) ROYALTY OWNER METHOD OF WATER DISPOSAL ❑ STATE O FEDERAL 0 CENTRAL PIT O COMMERCIAL PIT ❑ INDIAN ❑ PATENTED 0 ON-SITE PIT 0 INJECTED NUMBER OF ACRES IN LEASE 0 N/A Remarks: The undersigned certifies that the rules and regulations of the Oil and Gas Conservation Commission of the State of Colorado have been complied with except as noted above and that the transporters)is(are)authorized to transport the oil and/or gas produced from the above described well and that this authorization will be valid until further notice to the transporter named • herein or until cancelled by the Colorado Oil and Gas Conservation Commission. OGCC Approved: Name(Please Hint) Signature Signature Title Date Mt* Date OGCC FORM 10 f FOR OFFICE USE ONLY Rev.9/87 STATE OF COLORADO £T FE iiiSE OIL AND GAS CONSERVATION.COMMISSION DEPARTMENT OF NATURAL RESOURCES CERTIFICATION OF CLEARANCE AND/OR CHANGE OF OPERATOR • •00CC LEASE Na LEASE NAME WELL NO. APt NO. PIRG I 05 - 031 - 04001 'FIELD NAME&NO. COUNTY LOCATIONS+6.sec.nits..RIGJ MORRELL- 04567 DENVER CNE NW 31 7- 3S 1Z47►N OPERATOR NAME ODCCOPR.No AREA CODE PHONE NUMBER SM ► TN OIL COMPANY 00001 j, , OPERATOR ADDRESS City STATE ZIP CODE I S 8 0 LOGAN ST- DENVER CO 80203 -.PREVIOUS OPERATOR EFFEGTwE DATE OF CHANCE 'Complete only it this weft is part of a previously producing lease. —Complete only K change of operator. PRODUCING FORMATION(S)(A separate FORM 10 TYPE OF COMPLETION must be submitted for each producing formation of a s NEW COMPLETION "0 COMMINGLED COMPLETiON Multiple Completion.) 0 RECOMPLETION 0 MULTIPLE COMPLETION CLOVER �� - New Well Test Data on 24 hr. Basis: - 152. Bois.Oa _ 20 McI Gas 2 Bbls.Wtr. OIL TRANSPORTER (Purchaser) GAS GATHERER (Purchaser) NAME - o0Cc No. NAME CGGC No. 01L 14 AULERS , rNC _1234 5 'ADDRESS13 ADDRESS(3 S N E R MAN sr -Orr STALE LP CODE Cm -STATE ZIP CODE DENVER��n CG ,8oato j AREA COOE PHONE NUMBER DATE OF FIRST PROOUCTION AREA CODE PHONE NUMBER DATE OF FIRST SALES 1303 ,987- 6543 3 - 20 -87 t , ROYALTY OWNER METHOD OF WATER DISPOSAL ❑ STATE 0 FEDERAL 0 CENTRAL PR 0 COMMERCIAL PIT ❑ INDIAN J PATENTED (�1i,ON-SITE PIT 0 INJECTED ' NUMBER OF ACRES IN LEASE 160 El WA Remarks: The undersigned certifies that the rules and regulations of the Oil and Gas Conservation Commission of the State of Colorado have been complied with except as noted above and that the transporter(s)is(are)authorized to transport the oil and/or gas ' produced from the above described well and that this authorization will be valid untilfurther notice to the transporter named herein or until cancelled by the Colorado Oil and Gas Conservat ion Commission. • 1 OGCC Approved: RY -a _ S mvrtt Naar l hint) $4nan-e Spnatwe PRon(xifloN MANIA&e g , —5 -2s-s7 OGCC FORM 10 FOR OFFICE USE ONLY Rev. 9/87 STATE OF COLORADO E7 FE UC SE OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES CERTIFICATION OF CLEARANCE AND/OR CHANGE OF OPERATOR ••OGCC(EASE NO. LEASE NAME WELL NO. API NO. I P1 R ) 1 05-031— 0001 'FIELD NAME A NO. COUNTY LOCATION tic.1L.SEC.Mr_RNGa MORRELL — O4S6-7 DENVER C - 1\)E—NW — 34 —T3S - R47W OPERATOR NAME OGCC OPR NO. AREA CODE PHONE NUMBER 6 IT�1 OIL CbM PAN 4 • ) OPERATOR ADDRESS CRY STATE ZIP CODE 1580 LO&4N STt - DENVER Cp 8076 ) _ -•PNE V IOps OPERATOR EFFECTIVE DATE OF CHANGE 'Complete only if this well is part of a previously producing lease. "Complete only if change of operator. PRODUCING FORMATION(S) (A separate FORM 10 TYPE OF COMPLETION must be submitted for each producing formation of a Completion.) Qtlh"NCOMPLETION 0 COMMINGLED COMPLETION Multiple OM A D) 0 RECOMPLETION 0 MULTIPLE COMPLETION New Well Test Data on 24 hr. Basis: • Bbls.Oil 477 Mcf Gas T5TM Bbl&Wtr. OIL TRANSPORTER (Purchaser) GAS GATHERER (Purchaser) ME OGCC NO. NAME OGCC NO. C4S & 4nt; Rini& ,1l1C 67890 I OORESS ADDRESS ISIS GRANT- Sr CITYITY STATE fIPCODE STATE ZIPCODE CO 8p203 nEA LODE PHONE NUMBER DATE OF FIRST PRODUDTION AREA CODE PHONE NU&I8ER DATE OF FIRST SALES (303) ) 23 -45G7 3- 20 --87 ROYALTY OWNER METHOD OF WATER DISPOSAL ❑ STATE 0 FEDERAL 0 CENTRAL PIT 0 COMMERCIAL PIT ❑ INDIAN LicPATENTED ❑ ON-SITE PIT 0 INJECTED ' NUMBER OF ACRES IN LEASE I GO t5t NIA . Remarks: The undersigned certifies that the rules and regulations of the Oil and Gas Conservation Commission of the State of Colorado have been complied with except as noted above and that the transporter(s)is(are)authorized to transport the oil and/or gas produced from the above described well and that this authorization will be valid until further notice to the transporter named herein or until cancelled by the Colorado Oil and Gas Conservation Commission. • •OGCC Approved: MAR'/ F . SM \-1-.4I Nerve Porn) Ecnam'e Sipat re /A1 P Da DIMYTIDc M4Na&Fg Date P -'le Data • APPENDIX PART II OIL AND GAS CONSERVATION ACT (As Amended' • OIL AND GAS CONSERVATION ACT • Title 34, Article 60, (As Amended) 34-60-101. Short title. 34-60-113. Trial to be advanced. 34-60-102. Legislative Declaration. 34-60-114. Action for damages. 34-60-103. Definitions. 34-60-115. Limitations on actions. 34-60-104. Conservation Commission-report- 34-60-116. Drlg. units and pooling interests. publication. 34-60-1043 Director of Commission-Duties. 34-60-117. Prevention of waste and protec- tion of correlative rights. 34-60-105. Powers of Commission. 34-60-118. Agreements for development and unit operations. 34-60-106. Additional powers of Commission. 34-60-119. Production-limitation. 34-60-107. Waste of oil or gas 34-60-120. Application of article. 34-60-108. Rules-hearings-process. 34-60-121. Violations and penalties. 34-60-109. Comm. may bring suit. 34-60-122. Expenses-fund created 34-60-110. Witnesses-suits for violations. 34-60-123. Interstate compact to conserve oil and gas. 34-60-111. Judicial review. 34-60-112. Plaintiff post bond. 34-60-101. Short title. This article shall be known and may be cited as the"Oil and Gas Conserva- tion Act" 34-60-102. Legislative declaration. (1) It is declared to be in the public interest to foster, encourage,and promote the development, production,and utilization of the natural resources of oil and gas in the state of Colorado; to protect the public and private interests against the evils of waste in the production and utilization of oil and gas by prohibiting waste; to safeguard, protect, and enforce the coequal and correlative rights of owners and producers in a common source or pool of oil and gas to the end that each such owner and producer in a common pool or source of supply of oil and gas may obtain his just and equitable share of production therefrom. It is not the intent nor the purpose of this article to require or permit the proration or distribution of the production of oil and gas among the fields and pools of Colorado on the basis of market demand. It is the intent and pur- pose of this article to permit each oil and gas pool in Colorado to produce up to its maximum efficient rate of production, subject to the prohibition of waste, and subject further to the enforcement and protection of the coequal and correlative rights of the owners and producers of a common source of oil and gas,so that each common owner and producer may obtain his just and equitable share of pro- duction therefrom. (2) It is further declared to be in the public interest to assure that producers and consumers of natural gas are afforded the protection and benefits of those laws and regulations of the United States which affect the price and allocation of natural gas and crude oil, including the federal"Natural Gas Policy Act of 1978", 15 U.S.C. 3301, and particularly that the oil and gas conservation commission, established by section 34-60-104, be empowered to exercise such powers and authorities as may be delegated to it by the laws or regulations of the United States, including said"Natural Gas Policy Act of 1978",and, in the exercise of such powers and authorities,to make such rules and regulations and to execute such agreements and waivers as are reasonably required to implement such power and authority. 34-60-103. Definitions. As used in this article, unless the context otherwise requires: (1)"And"includes the word"or"and the use of the word"or"includes the word"and".The use of the plural includes the singular and the use of the singular includes the plural. (2) "Commission" means the oil and conservation commission. (3) "Common source of supply" is synonymous with "pool" as defined in this section. (4)"Correlative rights"means that each owner and producer in a common pool or source of supply of oil and gas shall have an equal opportunity to obtain and produce his just and equ t;ble share of the oil and gas underlying such pool or source of supply. 1 (5) "Gas" means all natural gases and all hydrocarbons not defined in this section as oil_ (6)"Oil" means crude petroleum oil and any other:hydrocarbons,regardless of gravities,which are produced at the well in liquid form by ordinary production methods, and which are not the result of • condensation of gas before or after it leaves the reservoir. (7) "Owner' means the person who has the right to drill into and produce from a pool and to appropriate the oil or gas he produces therefrom either for himself or others or for himself and others, including the owners of a well capable of producing oil or gas, or both. (8) "Person" means any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other representative of any kind, and includes any department, agency, or instrumentality of the state or any governmental subdivision thereof. (9) "Pool" means an underground reservoir containing a common accumulation of oil or gas, or both. Each zone of a general structure, which zone is completely separated from any other zone in the structure, is covered by the word "pool" as used in this article. (10) "Producer' means the owner of a well capable of producing oil or gas, or both. (11) "Waste"as applied to gas, includes the escape, blowing,or releasing,directly or indirectly into the open air, of gas from wells productive of gas only,or gas in an excessive or unreasonable amount from wells producing oil,or both oil and gas;and the production of gas in quantities or in such manner as unreasonably reduces reservoir pressure or unreasonably diminishes the quantity of oil or gas that ultimately may be produced; excepting gas that is reasonably necessary in the drilling, completing, testing, and in furnishing power for the production of wells. (12) "Waste"as applied to oil, includes underground waste; inefficient,excessive or improper use or dissipation of reservoir energy, including gas energy and water drive; surface waste; open-pit storage;and waste incident to the production of oil in excess of the producer's aboveground storage facilities and lease and contractual requirements, but excluding storage,other than open-pit storage, reasonably necessary for building up or maintaining crude stocks and products thereof for consump- tion, use, and sale. (13) "Waste" in addition to the meanings as set forth in subsections (11) and (12) of this section, means: (a) Physical waste, as that term is generally understood in the oil and gas industry; (b) The locating,spacing,drilling,equipping,operating,or producing of any oil or gas wel or wells in a manner which causes or tends to cause reduction in quantity of oil or gas ultimately recoverable • from a pool under prudent and proper operations,or which causes or tends to cause unnecessary or excessive surface loss or destruction of oil or gas; (c) Abuse of the correlative rights of any owner in a pool due to non-uniform, disproportionate, unratable, or excessive withdrawals of oil or gas therefrom, causing reasonably avoidable drainage between tracts of land or resulting in one or more producers or owners in such pool producing more than his equitable share of the oil or gas from such pool. 34-60-104. Conservation commission — report- publication. (1) There is hereby created, in the department of natural resources, the oil and gas conservation commission of the state of Colorado. (2) (a) The commission shall consist of six members appointed by the governor,with the consent of the senate. No more than one member shall be appointed from each congressional district in the state. A vacancy on the commission occurs whenever any member moves out of the congressional district from which he was appointed.Any member who moves out of such congressional district shall promptly notify the governor of the date of such move, but such notice is not a condition precedent to the occurrence of the vacancy.The governor shall fill the vacancy as provided in paragraph (b) of this subsection (2). No more than three members of the commission shall be members of the same major political party. In case one or more vacancies occur on the same day, the governor shall designate the order of filling vacancies. (b) Appointments made to the commission to take effect on January 1, 1983,shall be made in accordance with section 24-1-135, C.R.S. 1973, and appointments made thereafter and prior to the effective date of paragraph (b) as amended (June 15, 1988) shall be for terms of five years. Persons holding office on the effective date of this paragraph (b),as amended,are subject to the provisions of Section 24-1-137,C.R.S.Thereafter, members of the commission shall be appointed for terms of four years each. The governor may at any time remove any member of the commission,and by appoint- ment he shall fill any vacancy on the commission. The members of the commission shall serve without compensation except for their actual expenses. (3) The Commission shall report to the executive director of the department of natural resources • at such times and on such matters as the executive director may require. (4) Publications of the commission circulated in quantity outside the executive branch are subject to the approval and control of the executive director of the department of natural resources. 2 34-60-104.5. Director of commission duties. (1) Pursuant to section 13 of article XII of the state constitution, the executive director of the • department of natural resources shall appoint a director of the commission who shall possess such qualifications as may be established by the executive director,the commission,and the state person- nel board. (2) The director of the commission shall: (a) Administer the provisions of this article; (b) Enforce the rules and regulations adopted by the commission; (c) Implement and administer orders issued by the commission; (d) Appoint, pursuant to section 13 of article XII of the state constitution, such clerical and pro- fessional staff as may be necessary for the efficient operation of the commission and exercise general supervisory control over said staff; and (e) Perform such other functions as may be assigned to him by the commission, including that of appointment as a hearing officer in accordance with section 34-60-106. 34-60-105. Powers of commission. (1) The commission has jurisdiction over all persons and property, public and private, necessary to enforce the provisions of this article,and has the power to make and enforce rules, regulations, and orders pursuant to this article,and to do whatever may reasonably be necessary to carry out the pro- visions of this article.Any delegation of authority to any other state officer, board,or commission to administer any other laws of this state relating to the conservation of oil or gas, or either of them, is hereby rescinded and withdrawn and such authority is unqualifiedly conferred upon the commission, as provided in this section.Any person, or the attorney general on behalf of the state, may apply for any hearing before the commission,or the commission may initiate proceedings upon any question relating to the administration of this article,and jurisdiction is conferred upon the commission to hear and determine the same and enter its rult. regulations, or order with respect thereto. (2) Repealed, L81, p. 1690, section 3, effective May 21, 1981. • (3) The attorney general shall be the legal advisor of the commission,and it is his duty to represent the commission in all court proceedings and in all proceedings before it, and in any proceedings to which the commission may be a party before any department of the federal government 34-60-106. Additional powers of commission. (1) The commission also has the authority to require: (a) Identification of ownership of oil and gas wells, producing leases, tanks, plants, and structures; (b) The making and filing with the commission of copies of well logs, directional surveys, and reports on well location, drilling, and production; except that logs of exploratory or wildcat wells marked "confidential" shall be kept confidential for six months after the filing thereof, unless the operator gives written permission to releasesuch logs at an earlier date; (c) The drilling,casing,operation,and plugging of seismic holes or exploratory wells in such man- ner as to prevent the escape of oil or gas from one stratum into another,the intrusion of water into oil or gas stratum, the pollution of fresh water supplies by oil, gas, salt water, or brackish water; and measures to prevent blowouts, explosions, cave-ins, seepage and fires; (d) The furnishing of reasonable security conditioned upon the performance of the duty to plug each seismic hole or exploratory well and each dry or abandoned well; (e) That every person who produces,sells,purchases,acquires, stores,transports,refines,or pro- cesses oil or gas in this state shall keep and maintain within this state,for a period of five years, com- plete and accurate records of the quantities thereof, which records,or certified copies thereof, shall be available for examination by the commission, or its agents. at all reasonable times within said period and that every such person shall file with the commission such reasonable reports as it may prescribe with respect to such oil or gas or the products thereof; (0 That no operations for the drilling of a well for oil and gas shall be commenced without first giv- ing to the commission notice of intention to drill and without first obtaining a permit from the com- • mission, under such rules and regulations as may be prescribed by the commission,and paying to the commission a filing and service fee of seventy-five dollars, which fee may be transferable or refund- able, at the option of the commission, if such permit is not used. 3 (g) That the production from wells be separated into gaseous and liquid hydrocarbons and that each be accurately measured by such means and standards as prescribed by the commission; (h) The operation of wells with efficient gas-oil and water-oil ratios, the establishment of these ratios, and the limitation of the production from wells with inefficient ratios; • CO Certificates of clearance in connection with the transportation and delivery of oil and gas or any product; and (j) Metering or other measuring of oil, gas, or product in pipelines, gathering systems, loading racks, refineries, or other places. (2) The commission has the authority to regulate: (a)The drilling,producing,and plugging of wells and alt other operations for the production of oil or gas; (b) The shooting and chemical treatment of wells; (c) The spacing of wells; and (d) The disposal of salt water and oil field wastes. (3) The commission also has the authority to: (a) Limit the production of oil or gas,or both, from any pool or field for the prevention of waste, and to limit and to allocate the production from such pool or field among or between tracts of land having separate ownerships therein,on a fair and equitable basis so that each such tract will be per- mitted to produce no more than its just and equitable share from the pool and so as to prevent, insofar as is practicable, reasonably avoidable drainage from each such tract which is not equalized by counter-drainage; and (b) Classify wells as oil or gas wells for the purposes material to the interpretation or enforcement of this article. (3.5) The commission shall require the furnishing of reasonable security with the commission by lessees of land for the drilling of oil and gas wells, in instances in which the owner of the surface of lands so leased was not a party to such lease,to protect such owner from unreasonable crop losses or land damage from the use of the premises by said lessee.The commission shall require the furnishing • of reasonable security with the commission, to restore the condition of the land as nearly as is pos- sible to its condition at the beginning of the lease and in accordance with the owner of the surface of lands so leased. (4) The grant of any specific power or authority to the commission shall not be construed in this article to be in derogation of any of the general powers and authority granted under this article. (5) The commission shall also have power to make determinations, execute waivers and agreements, grant consent to delegations, and take other actions required or authorized for state agencies by those laws and regulations of the United States which affect the price and allocation of natural gas and crude oil, including the federal "Natural Gas Policy Act of 1978", 15 U.S.C. section 3301 et seq., including the power to give written notice of administratively final determinations. (6) The commission has the authority, as it deems necessary and convenient, to conduct any hearings or to make any determinations it is otherwise empowered to conduct or make by means of an appointed hearing officer, but recommended findings, determinations, or orders of any hearing officer shall not become final until adopted by the commission. Upon appointment by the commis- sion, a member of the commission may act as a hearing officer. (7) The commission has the authority to establish,charge, and collect docket fees for the filing of applications, petitions, protests,responses,and other pleadings. No such fees shall exceed two hun- dred dollars for any application, petition,or other pleading initiating a proceeding nor one hundred dollars for any protest or other responsive pleadings, and any party to any commission proceeding shall pay no more than one such fee for each proceecing in which it is a party.All such fees shall be deposited in the oil and gas conservation fund established by section 34-60-122 and shall be subject to appropriations by the general assembly for the purposes of this article. (8) The commission shall prescribe special rules and regulations governing the exercise of functions delegated to or specified for it under the federal"Natural Gas Policy Act of 1978",15 U.S.C. section 3301 et seq.,or such other laws or regulations of the United States which affect the price and • allocation of natural gas and crude oil in accordance with the provisions of this article. 4 (9) Notwithstanding the provisions of section 34-60-120 or any other provisions of law, the com- mission, as to class II injection wells defined in 40 CFR section 122.32, shall also have the power to • perform all acts for the purpose of protecting underground sources of drinking water in accordance with state programs and authorized by 42 U.S.C. section 300f. et seq. and regulations thereunder in effect or as may be amended. (10) The commission shall promulgate rules and regulations to protect the health, safety, and welfare of any person at an oil or gas well; except that the commission shall not adopt such rules and regulations with regard to parties or requirements regulated under the federal"Occupational Safety and Health Act of 1970". (ii) The commission shall promulgate rules and regulations to protect the health, safety, and welfare of the general public in the drilling, completion, and opertaion of oil and gas wells and pro- duction facilities. (12) The commission has the authority to establish, charge and collect fees for services it provides, including the sale of computer tapes. 34-60-107. Waste of oil or gas prohibited. The waste of oil and gas in the state of Colorado is prohibited by this article. 34-60-108. Rules-hearings-process. (1) The commission shall prescribe rules and regulations governing the practice and procedure before it. (2) No rule, regulation,or order,or amendment thereof,shall be made by the commission without a hearing upon at least ten days' notice, except as provided in this section.The hearing shall be held at such time and place as may be prescribed by the commission,and any interested person shall be entitled to be heard. (3) When an emergency requiring immediate action is found by the commission to exist, it is authorized to issue an emergency order without notice of hearing,which shall be effective upon pro- mulgation, but no such order shall remain effective for more than fifteen days. • (4) Any notice required by this article,except as provided in this section,shall be given by the com- mission either by mailing a copy thereof, postage prepaid, to the last known mailing address of the person to be given notice, or by personal service. In addition, the commission shall cause one publication of such notice,at least ten days prior to the hearing,in a newspaper of general circulation in the city and county of Denver and in a newspaper of general circulation in the county where the land affected,or some part thereof, is situated.The notice shall issue in the name of the state,shall be signed by the commission or the secretary of the commission, shall specify the style and number of the proceeding and the time and place at which the hearing will be held, shall state the time within which protests to the granting of a petition shall be filed if a petition has been filed, and shall briefly state the purpose of the proceeding. Should the commission elect or be required to give notice by personal service, such service may be made by any officer authorized to serve summons or by any agent of the commission in the same manner and extent as is provided by law for the service of sum- mons in civil actions in the district courts of this state. Proof of service by such agent shall be by his affadavit,and proof of service by an officer shall be in the form required by law with respect to service of process in civil actions. In all cases where there is an application for the entry of a pooling order, unitization order, or an application for an exception from an established well spacing pattern, or a complaint is made by the commission or any party that any provision of this article,or any rule,regula- tion,or order of the commission is being violated,notice of the hearing to be held on such application or complaint shall be served on the interested parties either by mail as provided in this subsection (4) or in the same manner as is provided in the Colorado rules of civil procedure for the service of process • in civil actions in the district courts of this state. (5) Any person who believes that he may be an interested party in any proceeding before the com- mission may file with the commission a request for notices,and thereafter for a period as determined by the commission, not to exceed three years,such person shall be entitled to receive notice by mail of the filing of all petitions upon which a hearing may be held. The filing of a request for notices by a person shall be deemed to be a consent by that person to service of notice by mail at the address shown on the request filed by him in those proceedings in which notice by mail may be given. A • request for notices filed under provisions of this subsection (5) may be withdrawn or a new request filed at any time by the person filing the same. 5 • (6)All rules,regulations,and orders issued by the commission shall be in writing,sna!t be entered in full in books kept by the commission for that purpose,shall be indexed,shall show the date,on which such entry was made in the books,which date shall be the date of entry for the purpose of sec:;on 34 • - 60-111, and shall be public records open for inspection at all times during reasonable office hours. Except for orders establishing or changing rules of practice and procedure, all orders made and published by the commission shall include or be based upon written findings of fact,which said find- ings of fact shall be entered and indexed as public records in the manner provided by this section.A copy of any rule, regulation, finding of fact,or order, certified by the commission or by its secretary, shall be received in evidence in all courts of this state with the same effect as the original (7) The commission may act upon its own motion, or upon the petition of any interested person. On the filing of a petition concerning any matter within the jurisdiction of the commission, it shall promptly fix a date for a hearing thereon and shall cause notice of the filing of the petition and of the date for the hearing thereon to be given.Any interested party desiring to protest the granting of the petition shall, at least three days prior to the date of the hearing, file a written protest with the com- mission, which shall briefly state the basis of the protest Upon a showing that all interested parties have consented in writing to the granting of the petition without a hearing,the commission may enter an order granting the petition forthwith and without a hearing. In all other cases,the hearing shall be held at the time and place specified in the notice,and ail persons who have filed a timely protest shall be given full opportunity to be heard. If no protest to the granting of the petition has been made,the commission may enter an order based upon the facts stated in the verified petition, without the necessity of taking testimony or the making of a record. The commission shall enter its order within thirty days after the hearing.Any person affected by any order of the commission shall have the right at any time to apply to the commission to repeal, amend, modify, or supplement the same. (8)Any person who files a protest with the commission pursuant to the provisions of subsection(7) of this section shall at the same time serve a copy thereof on the person filing the petition.Such serv- ice shall be made by mailing a copy of the protest, postage prepaid, to the petitioner. 34-60-109. Commission may bring suit. If it appears that any person is violating or threatening to violate any provision of this article or any rule, regulation,or order made under this article,the commission,through the attorney general,shall bring suit in the name of the state against such person in the district court in the county of the residence of the defendant,or in the county of the residence of any defendant if there is more than one defendant, or in the county where the violation is alleged to have occurred,to restrain such per- son from continuing such violation or from carrying out the threat of violation. In such suit the court may grant injunctions, prohibitory and mandatory, including temporary restraining orders and tem- porary injunctions- Proceedings for appellate review or any other proceedings for review may be taken from any judgement, decree, or order in any action under this article provided by law and the Colorado appellate rules,and all proceedings in the trial and appellate court shall have precedence over any other proceedings then pending in such courts. No bonds shall be required of the commis- sion in any such proceeding or review. 34-60-110. Witnesses - suits for violations. (1) The commission has the power to summon witnesses, to administ..r oaths, and to require the production of records,books,and documents for examination at any hearing or investigation conducted by it. No person shall be excused from attending and testifying,or from producing books,papers,and records before the commission ora court,or from obedience to the subpoena of the commission or a court, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. Nothing in this sec- tion shall be construed as requiring any person to produce any books,papers,or records,or to testify in response to any inquiry not pertinent to some question lawfully before the commission or court for determination.No natural person shall be subject to criminal prosecution or to any penalty or forfeiture for or on account of any transaction, matter,or thing concerning which, in spite of his objection, he may be required to testify or produce evidence, documentary or otherwise, before the commission or court,or in obedience to a subpoena, but no person testifying shall be exempted from prosecution and punishment for perjury in the first degree committed in so testifying. (2) In case of failure or refusal on the part of any person to comply with a subpoena issued by the commission,or in case of the refusal of any witness to testify as to any matter regarding which he may be interrogated, any district court in the state, upon the application of the commission, may issue an • order for such person and compel him to comply with such subpoena,and to attend before the com- mission and produce such records,books,and documents for examination,and to give his testimony. Such court has the power to punish for contempt as in the case of disobedience to a like subpoena issued by the court, or for refusal to testify therein. 6 p 34-60-111. judicial review. 4 Any rule, regulation, or final order of the commission shall be subject to judicial review in accor- dance with the provisions of section 24-4-106,G.R.S. 1973.The commission shall not be required to post bond in any proceeding for judicial review. 34-60-112. Plaintiff post bond. No temporary restraining order or injunction of any kind against the commission or its agents, employees, or representatives,or the attorney general,shall become effective until the plaintiff shall execute a bond in such amount and upon such conditions as the court may direct,and such bond is approved by the judge of the court and filed with the clerk of the court.The bond shall be made pay- able to the state of Colorado,and shall be for the use and benefit of all persons who may be injured by the acts done under the protection of the restraining order or injunction, if the rule, regulation, or order is upheld. No suit on the bond may be brought after six months from the date of the final deter- mination of the suit in which the restraining order or injunction was issued. 34-60-113. Trial to be advanced. An action,appellate review as provided by law and the Colorado appellate rules,or other proceed- ing involving a test of the validity of any provision of this article or of a rule, regulation, or order shall be advanced for trial and be determined as expeditiously as feasible, and no postponement or con- tinuance thereof shall be granted unless deemed imperative by the court. 34-60-114. Action for damages. Nothing in this article, and no suit by or against the commission, and no violation charges or asserted against any person under any provisions of this article,or any rule, regulation, or order issued under this article,shall impair,abridge,or delay any cause of action for damages which any person may have or assert against any person violating any provision of this article, or any rule, regulation, or order issued under this article. Any person so damaged by the violation may sue for and recover such damages as he otherwise may be entitled to receive. In the event the commission fails to bring suit to enjoin any actual or threatened violation of this article,or of any rule, regulation,or order made under this article,then any person or party in interest adversely affected and who has notified the commis- sion in writing of such violation or threat thereof and has requested the commission to sue, may,to • prevent any or further violation, bring suit for that purpose in the district court of any county in which the commission could have brought suit. If, in such suit, the court holds that injunctive relief should be granted, then the commission shall be made a party and shall be substituted for the person who brought the suit and the injunction shall be issued as if the commission had at all times been the complaining party. 34-60-115. Limitations on actions. No action or other proceeding based upon a violation of this article or any rule,regulation,or order of the commission shall be commenced or maintained unless it has been commenced within one year from the date of the alleged violation. 34-60-116. Drilling units and pooling interest (1) To prevent or to assist in preventing waste, to avoid the drilling of unnecessary welts, or to protect correlative rights, the commission, upon its own motion or on a proper application of an interested party,but after notice and hearing as provided in this section, has the power to establish drilling units of specified and approximately uniform size and shape covering any pool. (2) In establishing a drilling unit, the acreage to be embraced within each unit and the shape thereof shall be determined by the commission from the evidence introduced at the hearing, except that when found to be necessary for any of the purposes mentioned in subsection (1) of this section, the commission is authorized to divide any pool into zones and establish drilling units for each zone, which units may differ in size and shape from those established in any other zone,so that the pool as a whole will be efficiently and economically developed, but no drilling unit shall be smaller than the maximum area that can be efficiently and economically drained by one well.Any spacing regulation made by the commission shall apply to each individual pool separately and not to all units on a statewide basis. (3) The order establishing drilling units shall permit only one well to be drilled and produced from the common source of supply on a drilling unit, and shall specify the location of the permitted well thereon, with such exception for the location of the permitted well as may be reasonably necessary for wells already drilled or where it is shown upon application, notice and hearing,and the commis- sion finds,that the drilling unit is located partly outside the pool or field and adjacent to a producing unit or,for some other reason,the requirement to drill the well at the authorized location on the unit would be inequitable or unreasonable. The commission shall take such action as will offset any .7 advantage which the person securingthe exception may have over other producers by reason of the drilling of the well as an exception,and include in the order suitable provisions to prevent the pro- duction from the drilling unit of more than its just and equitable share of the oil and gas in the pool • (4)The commission,upon application,notice,and hearing,may decrease or increase the size of the drilling units or permitadditional wells to be drilled within the established units in order to prevent or assist in preventing waste or to avoid the drilling of unnecessary wells,or to protect correlative rights, and the commission may enlarge the area covered by the order fixing drilling units,if the commission determines that the common source of supply underlies an area not covered by the order. (5)After an order fixing drilling units has been entered by the commission,the commencement of drilling of any well into any common source of supply for the purpose of producing oil or gas there- from,at a location other than authorized by the order,is prohibited.The operations of any well drilled in violation of an order fixing drilling units is prohibited. (6) When two or more separately owned tracts are embraced within a drilling unit, or when there are separately owned interests in all or a part of the drilling unit then persons owning such interests may pool their interests for the development and operation of the drilling unit In the absence of voluntary pooling,the commission,upon the application of any intnrested person,may enter an order pooling all interests in the drilling unit for the development and operation thereof. Each such pooling order shall be made after notice and hearing and shall be upon terms and conditions that are just and reasonable,and that afford to the owner of each tract or interest in the drilling unit the opportunity to recover or receive,without unnecessary expense,his just and equitable share.Operations incident to the drilling of a well upon any portion of a unit covered by a pooling order shall be deemed for all pur- poses to be the conduct of such operations upon each separately owned tract in the unit by the several owners thereof.That portion of the production allocated or applicable to each tract included in a unit covered by a pooling order shall,when produced,be deemed for all purposes to have been produced from such tract by a well drilled thereon. (7) (a) Each such pooling order shall make provision for the drilling of a well on the drilling unit, if not already drilled, for the operation thereof, and for the payment of the reasonable actual cost thereof, including a reasonable charge for supervision and storage. Except as provided in paragraph • (c) of this subsection (7), as to each nonconsenting owner who refuses to agree to bear his propor- tionate share of the costs and risks of drilling and operating the well,the order shall provide for reim- bursement to the consenting owners who pay for the drilling and operation of the well of the nonconsenting owner's share of the costs and risks of such drilling and operating out of,and only out of, production from the unit representing his interest, excluding royalty or other interest not obligated to pay any part of the cost thereof. In the event of any dispute as to such costs,the commis- sion shall determine the proper costs as specified in paragraph(b) of this subsection (7).The order shall determine the interest of each owner in the unit and shalt provide that each consenting owner is entitled to receive, subject to royalty or similar obligations, the share of the production of the well applicable to his interest in the drilling unit and, unless he has agreed otherwise, his proportionate part of the nonconsenting owner's share of such production until costs are recovered and that each nonconsenting owner is entitled to own and to receive the share of the production applicable to his interest in the unit after the consenting owners have recovered the nonconsenting owner's share out of production. (b) Upon the determination of the commission, proper costs recovered by the consenting owners of a drilling unit from the nonconsenting owner's share of production from such a unit shall be as follows: (I) One hundred percent of the nonconsenting owner's share of the cost of surface equipment beyond the wellhead connections (including, but not limited to, stock tanks, separators, treaters, pumping equipment and piping) plus one hundred percent of the nonconsenting owner's share of the cost of operation of the well commencing with first production and continuing until the consent- ing owners have recovered such costs. It is the intent that the nonconsenting owner's share of these costs of equipment and operation will be that interest which would have been chargeable to the non- consenting owner had he initially agreed to pay his share of the costs of the well from the beginning of the operation. (II) Two hundred percent of that portion of the costs and expenses of staking, well site prepara- tion,obtaining rights-of-way, rigging up, drilling,reworking,deepening or plugging back,testing, and • completing the well,after deducting any cash contributions received by the consenting owners,and two hundred percent of that portion of the cost of equipment in the well, including the wellhead connections. 8 (c) A nonconsenting owner of a tract in a drilling unit which is not subject to any lease or other contract for the development thereof for oil and gas shall be deemed to have a landowner's propor- • royalty of twelve and one-half percent until such time as the consenting owners recover,only out of the nonconsenting owners proportionate seven-eighths share of production, the costs specified in paragraph (b) of this subsection (7). After recovery of such costs, the nonconsenting owner shall then own his proportionate eight-eighths share of the well,surface facilities,and produc- tion and then be liable for further costs as if he had originally agreed to drilling of the well. (8) The operator of a well under a pooling order in which there is a nonconsenting owner shall fur- nish the nonconsenting owner with a monthly statement of all costs incurred,together with the quan- tity of oil or gas produced, and the amount of proceeds realized from the sale of production during the preceding month. If the consenting owners recover the cysts specified in subsection (7) of this ' section, the nonconsenting owner shall own the same interest in the well and the production there- from, and be liable for the further costs of the operations, as if he had participated in the initial drilling operation. 34-60-117. Prevention of waste and protection of correlative rights. (1) The commission has the authority to prevent waste and protect correlative rights of all owners in every field or pool,and when necessary shall limit the production of oil and gas in any field or pool in the exercise of this authority. (2) If the commission limits the total amount of oil or gas which may be produced in any pool in this state to an amount less than that amount which the pool could produce if no restriction were imposed, the commission shall allocate or distribute the allowable production among the several wells or producing properties in the pool on a reasonable basis, preventing or minimizing reasonably avoidable drainage, so that each property will have the opportunity to produce or to receive its just and equitable share, subject to the reasonable necessities for the prevention of waste. (3) The commission shall give due regard to the fact that gas produced from oil pools is to be regulated and restricted in a manner as will protect the reasonable use of its energy for oil production. (4) Each person purchasing or taking for transportation oil or gas from any owner or producer shall • purchase or take ratably, without discrimination in favor of any owner or producer over any other owner or producer in the same common source of supply offering to sell his oil or gas produced therefrom to such person. If two or more persons purchase or take for transportation oil or gas from any common source of supply in quantities such that any tract of land of separate ownership is not producing its just and equitable share from the pool, the person purchasing or taking from the tract producing more than its just and equitable share shall, upon the proper offer to sell being made, reduce the amount purchased or taken from such tract and purchase from each tract not producing its just and equitable share so that each tract of land may produce its just and equitable share of pro- duction from the pool. In the event that any such purchaser or person taking oil or gas for transporta- tion is likewise a producer or owner, he is prohibited from discriminating in favor of his own production or storage, or production or storage in which he may be interested, and his own produc- tion and storage shall be treated as that of any other producer or owner; but no owner or producer, who is also a purchaser of oil and gas, or who has a market for his oil and gas or either thereof, has the right to invoke the benefits of this section. 34-60-118. Agreements for development and unit operations. (1) An agreement for repressuring or pressure maintenance operations, cycling or recycling operations, including the extraction and separation of liquid hydrocarbons from natural gas in con- nection therewith,or for carrying on any other methods of unit or cooperative development or opera- tion of a field or pool or a part of either, is authorized and may be performed,and shall not be held or construed to violate any statutes relating to trusts, monopolies,or contracts and combinations in re- straint of trade, if the agreement is approved by the commission as being in the public interest for conservation or is reasonably necessary to increase ultimate recovery or to prevent waste of oil or gas. Any such agreement entered into prior to July 1, 1951, for any such purpose is approved. (2) The commission upon the application of any interested person shall hold a hearing to consider the need for the operation as a unit of one or more pools or parts thereof in a field. (3) The commission shall make an order providing for the unit operation of a pool or part thereof if • it finds that: (a) Such operation is reasonably necessary to increase the ultimate recovery of oil or gas; and 3 (b) The value of the estimated additional recovery of oil or gas exceeds the estimated additional cost incident to conducting such operations. (4) The order shall he upon terms and conditions that are just and reasonable and shall prescribe a plan for unit operations that shall include: (a)A description of the pool,or parts thereof,to be so operated,termed the unit area,but only so much of a pool as has reasonably been defined and determined by drilling operations to be produc- tive of oil or gas may be included within the unit area; (b) A statement of the nature of the operations contemplated; • (c) An allocation to the separately owned tracts in the unit area of all the oil and gas that is pro- duced from the unit area and is saved, being the production that is not used in the conduct of operations on the unit area or not unavoidably lost The allocation shall be in accord with the agree- ment, if any,of the interested parties. If there is no such agreement,the commission shall determine the relative value,from evidence introduced at the hearing,of the separately owned tracts in the unit area, exclusive of physical equipment, for development of oil and gas by unit operations. The com- mission shall require the production of or may itself produce such geological, engineering, or other evidence,at the hearing or at any continuance thereof,as maybe required to protect the interests of all interested persons.The production allocated to each tract shall be the proportion that the relative value of each tract so determined bears to the relative value of all tracts in the unit area; (d)A provision for the credits and charges to be made in the adjustment among the owners in the unit area for their respective investments in wells, tanks, pumps, machinery, materials, and equip- ment contributed to the unit operations; (e)A provision providing how the costs of unit operations, including capital investments,shall be determined and charged to the separately owned tracts and how said costs shall be paid, including a provision providing when, how, and by whom the unit production allocated to an owner who does not pay the share of the cost of unit operations charges to such owner,or the interest of such owner, may be sold and the proceeds applied to the payment of such costs; (0 A provision, if necessary,for carrying or otherwise financing any person who elects to be carried or otherwise financed, allowing a reasonable interest charge for such service payable out of such per- son's share of the production; • (g) A provision for the supervision and conduct of the unit operations, in respect to which each person shall have a vote with a value corresponding to the percentage of the costs of unit operations chargeable against the interest of such person; (h) The time when the unit operations shall commence, and the manner in which, and the cir- cumstances under which, the unit operations shall terminate; and (i) Such additional provisions that are found to be appropriate for carrying on the unit operations, and for the protection of correlative rights. (5) No order of the commission providing for unit operations shall become effective unless the plan for unit operations prescribed by the commission has been approved in writing by those persons who, under the commission's order, will be required to pay at least eighty percent of the costs of the unit operation, and also by the owners of at least eighty percent of the production or proceeds thereof that will be credited to interests which are free of cost such as royalties,overriding royalties, and production payments, and the commission has made a finding, either in the order providing for unit operations or in a supplemental order,that the plan for unit operations has been so approved_ If the plan for unit operations has not been so approved at the time the order providing for unit operations is made, the commission shall upon application and notice hold such supplemental hearings as may be required to determine if and when the plan for unit operations has been so approved. if the persons owning the required percentage of interest in the unit area do not approve the plan for unit operations within a period of six months from the date on which the order providing for unit operations is made, such order shall be ineffective and shall be revoked by the commission unless for good cause shown the commission extends said time. (6)An order providing for unit operations may be amended by an order made by the commission in the same manner and subject to the same conditions as an original order providing for unit operations; but if such an amendment affects only the rights and interests of the owners,the approval of the amendment by the owners of royalty,overriding royalty, production payment,and other such interests which are free of costs shall not be required. No such order of amendment shall change the percentage for the allocation of oil and gas as established for any separately owned tract by the 10 original order,except with the consent of all persons owning oil and gas rights in such tract,or change the percentage for the allocation of cost as established for any separately owned tract by the original order, except with the consent of all owners in such tract. • (7) The commission,by an order,may provide for the unit operations of a pool,or parts thereof,that embraces a unit area established by a previous order of the commission. Such order, in providing for the allocation of unit production, shall first treat the unit area previously established as a single tract, and the portion of the unit production so allocated thereto shall then be allocated among the separately owned tracts included in such previously established unit area in the same proportions as • those specified in the previous-order. (8) An order may provide for unit operations on less than the whole of a pool where the unit area is of such size and shape as maybe reasonably required for that purpose, and the conduct thereof will • have no adverse effect upon other portions of the pooh (9) All operations, including, but not limited to,the commencement, drilling,or operation of a well upon any portion of the unit area shall be deemed for all purposes the conduct of such operations upon each separately owned tract in the unit area by the several owners thereof. The portion of the unit production allocated to a separately owned tract in a unit area shall, when produced, be deemed, for all purposes, to have been actually produced from such tract by a well drilled thereon. Operations conducted pursuant to an order of the commission providing for unit operations shall constitute a fulfillment of all the express or implied obligations of each lease or contract covering lands in the unit area to the extent that compliance with such obligations cannot be had because of the order of the commission. (10) The portion of the unit production allocated to any tract, and the proceeds from the sale thereof, shall be the property and income of the several persons to whom, or to whose credit, the same are allocated or payable under the order providing for unit operations. (11) No division order or other contract relating to the sale or purchase of production from a separately owned tract shall be terminated by the order providing for unit operations, but shall remain in force and apply to oil and gas allocated to such tract until terminated in accordance with the provisions thereof. • (12) Except to the extent that the parties affected so agree, no order providing for unit operations shall be construed to result in a transfer of all or amr part of the title of any person to the oil and gas rights in any tract in the unit area All property,whe:her real or personal,that may be acquired in the conduct of unit operations under this article, shall be acquired for the account of the owners within the unit area, and shall be the property of such owners in the proportion that the expenses of unit operations are charged. 34-60-119. Production - limitation. This article shall never be construed to require, permit,or authorize the commission or any court to make, enter, or enforce any order, rule, regulation,crjudgment requiring restriction of production of any pool or of any well, except a well or wells drilled in violation of section 34-60-116,to an amount less than the well or pool can produce without waste. 34-60-120. Application of article. (1) This article shall apply to all lands within the state of Colorado, except as follows: (a) As to lands of the United States or lands which are subject to its supervision,this article shall apply only to the extent necessary to permit the commission to protect the correlative rights of each owner and producer within a pool and to carry out the provisions of sections 34-60-106, 34-60- 117(4), 34-60-118, and 34-60-122; but the other provisions of this article shall also apply to such lands only if the officer of the United States having jurisdiction approves the order of the commission which purports to affect such lands. . (b) This article shall not in any case apply to any lands committed to any unit or cooperative agreement approved by the Department of Interior-, except as provided in sections 34-60-106, 34- 60-117(4), and 34-60-118, and except as to privately owned or state lands; except that section 34- 60-122 shall apply to all lands and to all production from all lands within the state of Colorado. 34-60-121. Violations and Penalties. (1)Any person who violates any provision of this article,or any rule,regulation,or order of the com- mission shall be subject to a penalty of not more than one thousand dollars for each act of violation • and for each day that such violation continues, unless the penalty for such violation is otherwise specifically provided for and made exclusive in this article. 11 (2) If any person,for the purpose of evading this article or any rule, regulation,or order of the com- mission,makes or causes to be made any false entry or statement in a report required by this article or by any such rule; regulation, or order, or makes or causes to be made any false entry in any record, account,or memorandum required by this article or by any such rule, regulation,or order,or omits or • causes to be omitted from any such record,account or memorandum full,true,and correct entries as required by this article or by any such rule,regulation,or order,or removes from this state or destroys, mutilates,alters,or falsifies any such record,account,or memorandum,such person is guilty of a mis- demeanor and, upon conviction thereof,shall be punished by a fine of not more than five thousand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. (3) Any person knowingly aiding or abetting any other person in the violation of any provision of this article or any rule, regulation, or order of the commission shall be subject to the same penalty as that prescribed by this article for the violation by such other person. 34-60-122. Expenses- fund created. (1) In addition to the filing and service fee required to be paid under section 34-60-106 (1)(f) and the fees authorized for other services provided by the commission by section 34-60-106 O2),for the purpose of paying the expense of administering this article, there is imposed on the market value at the well of all oil and natural gas produced, saved, and sold or transported from the field where pro- duced in this state a charge not to exceed one mill on the dollar.The commission shall by order fix the amount of such charge in the first instance and may,from time to time,reduce or increase the amount thereof as, in its judgement, the expenses chargeable against the oil and gas conservation fund, created in subsection (5) of this section, may require. (2) (a) On or before March 1,June 1,September 1,and December 1 of each year, every producer or purchaser,whichever disburses funds directly to each and every person owning a working interest, a royalty interest, an overriding royalty interest, a production payment and other similar interests from the sale of oil or natural gas subject to the charge imposed by subsection(1) of this section,shall file a return with the commission showing the volume of oil, gas, or condensate produced or purchased by him during the preceding calendar quarter, the actual sales value of such oil, gas, or condensate, including the total consideration due or received at the point of delivery,and the name, address,and percentage interest of each owner of interest in the oil or gas,as shown by the records of • the person submitting such return; except that no such list need be submitted if the ownership interests have not changed since the last return was submitted and the producer or purchaser so state on the return.The party furnishing the list shall state that the information is believed to be accurate, but that the party need not warrant the correctness of the data set out therein.Any use made of such list by the state of Colorado or any of its agencies shall be at its sole risk, and no liability shall be suf- fered by the party as a result of furnishing any information under subsection (2) of this section. Such return shall be accompanied by the total amount of the charges due on all interests in the oil or gas except those interests exempted under the provisions of subsection (4) of this section. (b) Each producer shall advise the commission whether he or the purchaser will be responsible for reporting and remitting the levy under the provisions of paragraph (a) of this subsection(2). If the return if filed by the producer,the producer shall maintain at his place of business for three years the invoice or statement issued by each purchaser showing the amount of oil or gas purchased, the pro- ducing lease from which such purchase was made, anc the total sales price paid. Such purchaser invoice or statement may be requested periodically by the commission with the quarterly report. (3) Any producer or purchaser who files a return pursuant to subsection (2) of this section sha'I pay any such charge or any interest other than his own,and such producer or purchaser is authorized to deduct the amount of such payment from any amount awed by him to the person for whom such charge was paid.Any such charge not paid when required by subsection(2) of this section shall bear interest at the rate of three percent per month from the date of delinquency until paid. (4) The charge imposed by subsection (1) of this section shall not apply to the interest in any oil or gas or the proceeds therefrom of the following: (a) The United States; (b) The state of Colorado or any of its political subdivisions; (c) Any Indian or Indian tribe on production from land subject to the supervision of the . United States. 12 (5) It is the duty of the oil and gas conservation commission to collect all charges and penalties under this article and to remit them to the state treasurer for deposit in the special fund known as the • oil and gas conservation fund. Moneys credited to said fund shall be expended for the purposes of administering the provisions of this article and for paying expenses in connection with the interstate oil compact commission.Of the moneys remaining in the oil and gas conservation fund at the end of each fiscal year, beginning with the fiscal year ending June 30, 1986,and ending with the fiscal year ending June 30, 1989,an amount equal to ten percent of the funds appropriated for the following fis- cal year,beginning with the fiscal year 1986-87,and ending with the fiscal year 1989-90,shall remain • in the fund and shall not revert to the general fund.Any additional moneys shall revert to the general fund at the end of any fiscal period.The general assembly shall annually make appropriations for said purposes, and warrants shall be drawn against said appropriations as provided by law. 34-60-123. Interstate compact to conserve oil and gas. The governor may execute agreements with other member states for expiration date extensions or other modifications of the terms of the interstate compact to conserve oil and gas.The governor may further take all steps necessary to effect withdrawal of this state from the compact upon his deter- mination that withdrawal is in the best interests of the state of Colorado. • • 13 HEARING CERTIFICATION DOCKET NO. -88-19 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A KENNEL (64 ADULT DOGS AND 120 PUPPIES) IN THE A (AGRICULTURAL) ZONE DISTRICT - JUDY OAKLEY A public hearing was conducted on May 18, 1988, at 2:00 P.M., with the following present: Commissioner Gene Brantner, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Jacqueline Johnson Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Debbie Campbell Assistant County Attorney, Lee D. Morrison Planning Department representative, Lanell Swanson The following business was transacted: I hereby certify that pursuant to a notice dated April 27, 1988, and duly published May 5, 1988, in the Platteville Herald, a public hearing was conducted to consider the request of Judy Oakley for a Site Specific Development Plan and Special Review permit for a kennel, with a maximum of 64 adult dogs and 120 puppies, in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this matter of record. Lanell Swanson, Planning Department representative, entered the favorable recommendation of the Planning Commission, subject to 5 Conditions and 18 Development Standards, into the record. Judy Oakley was present and answered questions of the Board. She said she has no problem with the Conditions and Standards as recommended by the Planning Commission. Discussion was held concerning the type of fence which is being erected around the kennel facility. Michael Brackney and Albert Jones spoke in opposition to this application, their concern being the noise. Considerable discussion followed. Ms. Swanson recommended changes and additions to Conditions #5, #6, #7, and Development Standard #13 as follows: 1) The end of Condition #5 to read: . ..including the kennel structures, and shall be amended to show a 30 foot open—type fence on the north end of the kennel boundary. ; 2) adding Condition #6 to read: The number of adult dogs on the site shall not exceed 30 until the kennel structures have been completed. The kennel structures shall be completed by December 1, 1988.; 3) adding a new Development Standard #13 which would read: All dogs shall be enclosed within the kennel structures between the hours of 10:00 p.m. and 7:00 a.m. , with existing Development Standards No. 13 — 18 to be renumbered. ; and 4) Condition #7 to read: The kennel structures shall be frame construction and insulated to lessen the audio impacts. Commissioner Lacy moved to approve the request of Judy Oakley for a kennel, subject to the recommendation of the Planning Commission, and the additions and amendments to the Conditions and Development Standards as discussed. Commissioner Kirby seconded the motion which carried unanimously. TAPE #88-23 DOCKET #88-19 PL0433 cQ /-07a/2146 880357 ee• i Page 2 RE: CERTIFICATION - OAKLEY This Certification was approved on the 23rd day of May, 1988. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: d COUNTY, COLORADO Weld County Clerk and Recorder id"-ji and Clerk to the Boar Gene . Sran er, Chairman .� f Deputy County Cie C.W. Kirby, Pro—Tem Ja•quel •, Jo• ..� Frank Y guchi 880357 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 23, 1988 TAPE #88-23 & #88-24 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the law and bylaws of said Board at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, May 23, 1988, at the hour of 9:00 A.M. ROLL CALL: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Gene Brantner, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Jacqueline Johnson Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Weld County Attorney, Thomas 0. David Acting Clerk to the Board, Tommie Antuna MINUTES: Commissioner Lacy moved to approve the minutes of the Board of County Commissioners meeting of May 18, 1988, as printed. Commissioner Yamaguchi seconded the motion and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Lacy moved to approve the Certification for the hearing conducted on May 18, 1988: Special Review permit, Oakley. Commissioner Johnson seconded the motion and it carried unanimously. ADDITIONS: Chairman Brantner added as Item #6 under New Business - Consider Non-Compliance of Plowing Permits - Paul Enizdil. CONSENT AGENDA: Commissioner Johnson moved to approve the consent agenda as printed. Commissioner Lacy seconded the motior, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no reports at today's meeting. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $453,848..78 Social Services 14,462.25 Handwritten warrants: General fund 10,460.00 Payroll 133.37 Commissioner Lacy moved to approve the warrants £5 presented by Mr. Warden. Commissioner Johnson seconded the motion which carried unanimously. C 0oCar BUSINESS: OLD: CONSIDER REQUEST FROM PAWNEE SCHOOL DISTRICT FOR INSTALLATION OF TRAFFIC CONTROL DEVICES (5/9/88) : The Board was advised that this request is for speed control signs in sn area which is in the city limits of Grover, which is an incorporated town. The Board determined that no action can be taken concerning this request. NEW: CONSIDER CONTINUUM OF CARE SYSTEMS GRANT REVISION AND AUTHORIZE CHAIRMAN TO SIGN: Linda Piper, representing the Department of Human Resources, said this revision concerns an increase in the previous funding level. Commissioner Johnsoe moved to approve the Continuum of Care Systems Grant Revision and authorize the Chairman to sign. Commissioner Kirby seconded the motion and it carried unanimously. CONSIDER MEMORANDUM OF UNDERSTANDING BETWEEN AREA AGENCY ON AGING AND HEALTH DEPARTMENT AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Piper said this is to increase agency awareni.ss and facilitate increased working relationships between the Case Management Program and Senior Service Agencies. Commissioner Lacy moved to approve said Memorandum of Understanding and authorize the Chairman to sign. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER ADDENDUM TO AGREEMENT BETWEEN HUMA1i RESOURCES AND WC CHILD CARE NETWORK AND AUTHORIZE CHAIRMAN TO SIGN: Don Warden said this Addendum cancels the first contract with the Child Care Network. Commissioner Johnson moved to approve this Addendum and authorize the Chairman to sign. The motion was seconded by Commissioner Kirby and carried unanimously. CONSIDER 2 PURCHASE OF SERVICES AGREEMENTS BETWEEN MIGRANT HEAD START AND PLAN DE SALUD DEL VALLE AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Piper said these Purchase of Services Agreements are for Plan de Salud del Valle to provide medical and dental services to the migrant children at the South County location. Commissioner Johnson moved to approve the two Purchase of Services Agreements with Plan de Salud del Vile and authorize the Chairman to sign. Commissioner Lacy seconded the motion which carried unanimously. • CONSIDER DUST BLOWING COMPLAINT ON PROPERTY IN THE SE*, S28, T6N, R64W - LEROY AND WILMA GOERTZ: Lee Morrison, Assistant County Attorney, said a dust blowing complaint had been received concerning the above described property owned by Leroy and Wilma Goertz. Rou Miller, District Conservationist, read the letter of May 12, which he had sent to Bruce Barker, Assistant County Attorney, into the record. The letter stated that there is dust blowing from this parcel, and the field is in severe condition and should be emergency tilled. Leroy Goertz, owner of the property, and Larry Ley, operator of this parcel, came forward to make comments. Mr. Ley said measures are being taken at this time to alleviate the dust blowing problem. He said he intends to plant this field in Sorghum Sudan Grass with a ridge planter, He said the planting should be accomplished within a week to ten days. Mr. Miller said the planting should take care of this situation. Gene Dewey, the complainant, was neither present nor represented. Commissioner Kirby moved to continue this matter to June 6, with the operator to contact Mr. Miller notifying him when the planting has been completed, and Mr. Miller can then submit a report advising the Board of the compliance. The motion, which was seconded by Commissioner Johnson, carried unanimously. Minutes — May 23, 1988 Page 2 CONSIDER NON-COMPLIANCE OF PLOWING PERMITS - PAUL HNIZDIL: Mr. Morrison made this matter of record, stating that it concerns alleged non-compliance of Plowing Permit Numbers 83-5 and 83-6 issued to Paul Hnizdil. The specific issues are that Mr. Hnizdil has not stripped the parcels as required by the Conservation Plans and that be has plowed outside the boundaries as set forth in the permits. Mr. Morriso3 said Mr. Hnizdil received notice of the violations and the procedures to be followed to correct them. Mr. Miller read a letter into the • record stating that there are more acres plowed in an area which is not included in the Plan. He said be bad reviewed this matter with the West Greeley Soil Conservation District Board, and its recommendation is that Mr. Hnizdil follow the Plan as approved with the original permits to achieve compliance. (Tape Change #88-24) Paul Hnizdil was prasent and came forward to answer questions of the Board. Commissioner Lacy, after discussion, suggested that Permit #83-5 could be amended to include the area which is currently out of compliance. He said this amendment would have to meet the current standards as set forth in Ordinance No. 108-A which requires collateral. Doris Williams, a neighbor of Mr. Hnizdil, asked whether certain lands owned by him are included in the permits. She also asked about lands which were plotted by Mr. Hnizdil during the Moratorium. Mr. Morrison and Mr. Miller responded to her questions. Mr. Hnizdil made comments to the Board at this time. He said he would prefer having the 36 acres in question be included in an amended permit. Mr. Morrison agreed to work with Mr. Hnizdil concerning the amendment of Permit #83-5. Following further discussion, Commissioner Lacy moved to Find Paul Hnizdil in violation of Plowing Permit Numbcra 83-5 and 83-6; that Mr. Hnizdil be allowed to farm the property as stated, leaving the crop as it presently is, and next year planting a spring crop on a certain portion with the other portion to be summer fallowed; and that Permit #83-5 be amended to comply with Ordinance #108-A. Commissioner Kirby seconded the motion and it carried unanimously. CONSIDER E911 INTERGOVERNMENTAL AGREEMENTS AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden read the names of the 48 entities these Agreements are with for the establishment of the E911 telephone service. He said there is also a Memorandum of Understanding concerning an Intergovernmental Agreement with the City of Greeley supporting an amendment to reduce the board members from seven to five. Commissioner Lacy moved to approve said Agreements and authorize the Chairman to sign. The motion was seconded by Commissioner Kirby and carried unanimously. SECOND READING OF ORDINANCE NO. 118-H, IN MATTER OF AMENDING AND DELETING SECTIONS OF ORDINANCE NO. 118-0, PERSONNEL POLICY HANDBOOK: Commissioner Lacy moved to read this Ordinance into the record by title only. Commissioner Johnsor, seconded the motion and it carried unanimously. Mr. David read the title of Ordinance No. 118-H, In Matter of Amending and Deleting Sections of Ordinance No. 118-G, Personnel Policy Handbook, into the record. There was no public comment concerning this Ordinance. Commissioner Lacy moved to approve the second reading of Ordinance No. 118-H and direct the Clerk to the Board to have published forthwith. Seconded by Commissioner Johnson, the motion carried unanimously. CONSIDER DISBURSEMENT OF MONIES FOR VETERANS SERVICE FOR APRIL: Commissioner Lacy moved to approve the disbursement of monies for the Veterans Service for the month of April. Commissioner Johnson seconded the motion and it carried unanimously. Minutes - May 23, 1988 Pcge 3 CONSIDER RESOLUTION RE: TEMPORARY CLOSURE OF WCR 43 BETWEEN WCR 44 & 46: Commissioner Lacy moved to approve this Resolution • concerning the temporary closure of Weld County Road 43 between Weld County Roads 44 and 46. The motion, which was seconded by Commissioner Johnson, carried unanimously. CONSIDER RESOLUTION RE: CANCELLATION OF OUTSTANDING ACCOUNTS RECEIVABLE FOR AMBULANCE SERVICE, IN AMOUNT OF $11,484.20: Commissioner Lacy moved to approve this Resolution which concerns the cancellation of outstanding accounts receivable for the Ambulance Service. Commissioner Kirby seconded the motion and it carried unanimously. CONSIDER GAS AND GAS LIQUIDS DIVISION ORDER FROM DIVERSIFIED OPERATING CORPORATION ON S}NW}, $6, T8N, R58W AND AUTHORIZE CHAIRMAN TO SIGN: Mr. David said be had reviewed this Gas and Gas Liquids Division Order from Diversified Operating Corporation on the above described parcel, and he recommends approval. Commissioner Lacy moved to approve this Division Order. Commissioner Kirby seconded the motion which carried unanimously. CONSIDER EMERGENCY ORDINANCE NO. 148-A, SUPPLEMENTAL APPROPRIATION FOR 1988: Mr. Warden read this Emergency Ordinance into the record. There was no public comment offered. Commissioner Lacy moved to approve Emergency Ordinance No. 148-A, Supplemental Appropriation for I988, and direct the Clerk to the Board to have published forthwith. The motion was seconded by Commissioner Johnson and carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. The second reading of Ordinance No. 118-H was approved, and Ordinance No. 148-A was approved on an emergency basis. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 9:55 A.M. APPROVED: ATTEST: � ) BOARD OF COUNTY COMMISSIONERS COUNTY, COLORADO 1 Weld County Clerk and Recorder a/ ett and Clerk to the Boar Gene R. Brantner, Chairman d Deputy County erk C.W. Kirby, Pro— em ac el Jo. ",.• —/ Gor o t?*WZf= y j CaAaM 7 !1. Frank Y k guchiI Minutes — May 23, 1988 Page 4 RECORD OF PROCEEDINGS AGENDA Wednesday, May 25, 1988 Tape #88-24 ROLL CALL: Gene R. Brantner, Chairman C.W. Kirby, Pro-Tem Jacqueline Johnson Gordon E. Lacy Frank Yamaguchi MINUTES: Approval of minutes of May 23, 1988 ADDITIONS TO AGENDA: Item #6 - Consider JTPA Act 6% Technical Assistance/VAX Conversion Modification and authorize Chairman to saga; and Item #7 - Consider Contract to Auction with Ritchie Bros. and authorize Chairman to sign PRESENTATION: 1) Recognition of Service - Edith Flateland PROCLAMATION: 1) Proclaim May 30, 1988, as Memorial Day APPROVAL OF CONSENT AGENDA: DEPARTMENT HEADS AND 1) Drew Scheltinga, Engineering Director ELECTED OFFICIALS: 2) George Goodell, Road & Bridge Director COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) • BUSINESS: OLD: NEW: I) Consider Road Improvements and Maintenance Agreement with H&C Colton Company and Sunshine Valley Petroleum Corporation and authorize Chairman to sign 2) Consider Agreement for Sale and Purchase of Real Estate with School District 6 and authorize Chairman to sign 3) Consider Expenditure Authorization Modification - JTPA Marketing Project and authorize Chairman to sign 4) Consider Architectural Contract with Boer and Roberts Architects, Inc. and authorize Chairman to sign 5) Consider Grant Agreement between Greeley—Weld County Airport Authority and Federal Aviation Administration concerning airport improvements and authorize Chairman to sign PLANNING: 1) Revision to Site Application — ARA Devcon, Inc. 2) Zoning and Building Code Violations — Novotny, Adolph Coors Company, Fulton, Sharpe, Valensela & Mendoza, and Schaller CONSENT AGENDA APPOINTMENTS: May 26 - Human Resources Advisory Board 8:30 AM May 26 - Board of Adjustment 3:30 PM May 27 - Extension Advisory Board 11:00 AM May 30 -- HOLIDAY May 31 - Meeting with Larimer County Commissioners 11:30 AM Jun 3 - Island Grove Park Advisory Board 3:30 PM Jun 8 - BOARD MEETING CANCELLED HEARINGS: May 25 - Amend USR to include a dog kennel (16 dog maximum), Catherine W. Cariaso 2:00 PM May 25 -- Preliminary Hearing, Northmoor Acres Local Improvement District 2:00 PM May 25 - Amendments to Weld County Zoning Ordinance 2:00 PM Jun 1 - COZ, R-1 to R-2, Weld County 2:00 PM Jun 1 - Creation of lot within a PUD District using Final PUD Plan application process, Don Baldridge 2:00 FM Jun 15 - 3.2% Beer License application of Carl Seeley, dba Superior Superette 2:00 FM Jun 22 - Amendments to Weld County Zoning Ordinance 2:00 PM Jun 29 - Adoption of updated Zoning Maps, Weld County 2:00 PM REPORTS: COMMUNICATIONS: 1) Planning Commission minutes of May 17 2) Notice of Claim re: Eldon Lee Foster 3) State Bd. of Land Commissioners re: Permission to conduct exploration - Geophysical Service, Inc. 4) Public Utilities Commission - Application #38935 5) Nuclear Regulatory Commission re: Fort St. Vrain (available in Clerk to Board's Office); Info. Notices #88-24 through #88-28; and Supplement to Notice #85-35 6) Order re: Review of Agency Action - William Crosier vs. BOE PLANNING STAFF 1) RE #1088 — Qualls Investment Company APPROVALS: 2) Amended RE 1931 — Rupple 3) SE #336 — Rupple 4) ZPMH #1419 — Brennan RESOLUTIONS: * 1) Approve Action of Board concerning request from Pawnee School District for installation of traffic control devices * 2) Approve Addendum to Agreement between Human Resources and WC Child Care Network * 3) Approve E911 Intergovernmental Agreements * 4) Approve Gas and Gas Liquids Division Order from Diversified Operating Corporation * 5) Approve Action of Board concerning non-compliance of Plowing Permits - Paul Hnizdil * 6) Approve Memorandums of Understanding for E911 system with City of Greeley ORDINANCE: 1) First Reading of Ordinance No. 89-0, Revisions to Zoning Ordinance (at 2:00 Hearing) PRESENTATION: * 1) Recognition of Service - Edith Flateland PROCLAMATION: * 1) Proclaim May 30, 1988, as Memorial Day * Signed at this meeting RESOLUTION RE: ACTION OF BOARD CONCERNING REQUEST FROM PAWNEE SCHOOL DISTRICT NO. RE-12 FOR INSTALLATION OF TRAFFIC CONTROL DEVICES WHEREAS, the Board of County Commissioners of Weld County, 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 received a request from Danny D. Hatch, principal of Pawnee School, for the installation of certain traffic control devices east and west of the school in Grover, and WHEREAS, the Board did, by Resolution dated May 9, 1988, refer said request to the Road and Bridge Department, and WHEREAS, the Road and Bridge Department has advised the Board that said location for the proposed signing is within the town limits of the Town of Grover, and WHEREAS, the Board, at its meeting of May 23, 1988, determined that no action be taken on this matter. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that no action is necessary concerning the request from Danny D. Hatch, principal of Pawnee School, for installation of traffic control devices. The above and foregoing Resolution was adopted on the 23rd day of May, A.D. , 1988. '7^ T� �J BOARD OF COUNTY COMMISSIONERS ATTEST: WEL COUNTY, COLORADO Weld County Clerk and Recorder rt and Clerk to the Board Gene R. Bran er, Chairman t// f cyu�ca C.W. Kirby, Pr Tem eput�y CoountyClerk . APPROVED AS TO FORM: a•que ; eZ'nF�'• r o ( `y s Go y :r La! County Attorney Frank amaguchi E coon ec' ‘ 4•2; - ct 880400 . . !• • .. - 4'- - `. DEPARTMENT OP ROAD AND ER.'.... C. Sox 75E GREEtEv,COLORADO S 32 O COLORADO May 16, 1988 Danny D. Hatch Principal Pawnee School Grover, Colorado 80729 Dear Mr. Hatch: This is in response to your letter of May 3, 1988 regarding speed control signing east and west of the school in Grover. The road that you want signing on is within the city' limits of Grover, Colorado. Weld County does not sign within incorporated towns. The Town of Grover can help you with the proper signing that you are requesting for the school. This should be done in accordance with the Manual on Uniform Traffic Control Devices. If we can be of further assistance, please contact me. Sincerely G r e Goodell Director GG/rs:lps xc: Clerk to the Board Pawnee School File . 1CGoou 880400 RESOLUTION RE: ACTION OF THE BOARD CONCERNING REQUEST FOR SPEED LIMIT SIGNS WHEREAS, the Board of County Commissioners of Weld County, 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 has received a request from Danny D. Hatch, principal of Pawnee School, School District No. RE-12, for the installation of 15-mile-per-hour speed signs near said school, and WHEREAS, the Board deems it advisable to refer said request to the Road and Bridge Department for its recommendation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Danny D. Hatch, principal of Pawnee School, School District No. RE-I2, for the installation of 15-mile-per-hour speed signs be, and hereby is, referred to the Road and Bridge Department for its recommendation. The above and foregoing Resolution was, on motion duly made and seconded, adopted by--the following vote on the 9th day of May, A.D. , 1988. f ^" , BOARD OF COUNTY COMMISSIONERS ATTEST: ! ' �� n �'� =& Lz,. j WEL OUNTY, COLORADO Weld County Cierk and Recorder _Abet and Clerk to the Board ene R. Brantner,�Chairman----;:)JIrtft-jyr r 2142...c...x.c_.,; C.W. Kirby, Pro em D C n k eputy ou r EXCUSED DATE OF SIGNING - AYE APPROVED 8S TO FORM: Jacquel •ne e. n / County Attorney Frank Yamaguchi i i - /� t� /� i✓ .7-4-62., 880341 PAWNEE SCHOOL WELD COUNTY SCHOOL DISTRICT NO. Re-t2 Telephone: 303-895-2222 GROVER,COLORADO 80729 R.E. Kimmel,Supt. May 3 , 1988 111131 MAY 41988 , Weld County Board of County Commissioners 915--10th Street Greeley, CO 80631 Dear Commissioners : Pawnee School in Grover, Colorado , would like school zone speed control of 15 miles per hour signs posted to the west and east of the school . The reasons for these signs are: coming from the west into Grover, the school area is the first set of buildings you approach and the traffic is moving too fast in front of the school ; the children must cross the road to go to the track and baseball fields ; the elementary playground is on the east side of the school and borders the road. For these reasons , we feel the signs are justifiable. Please notify us of the proper procedures to arrange for these signs . Respectively , Danny D. Hatch Principal mk • 880400 - „ BETTER SCHOOLS THROUGH COMMUNITY PARTICIPATION 88 0341 RESOLUTION RE: APPROVE ADDENDUM TO AGREEMENT BETWEEN WELD COUNTY DEPARTMENT OF HUMAN RESOURCES AND WELD COUNTY CHILD CARE NETWORK AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, 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 did, by Resolution dated May 2, 1988, approve an Agreement between the Weld County Department of Human Resources and the Weld County Child Care Network, and WHEREAS, the Board has now been presented with an Addendum to said Agreement, with the terms and conditions as set forth in said Addendum, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, the Board deems it advisable to approve said Addendum to Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Addendum to the Agreement between the Weld County Department of Human Resources and the Weld County Child Care Network be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Addendum. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of May, A.D. , 1988 . • BOARD OF COUNTY COMMISSIONERS ATTEST: WE COUNTY,,COLORADO Weld County lerk and Recorder & l a/ and Clerk to the Board ene R. Brantner, Chairman n r 4-te) ty l C.W. Kir�rTem eputy Counerk APPROVED AS TO FORM: a que \J - + iso S;;; 4ccc County Attorney _,., ,fir► Frank amaguchi �71� drD '</ n Al Clyzje .ca mil✓ n, i 880399 ADDENDUM TO AGREEMENT THIS ADDENDUM TO AGREEMENT, made and entered into this 23rd day of May , 1988 , by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, Colorado, by and on behalf of the Weld County Division of Human Resources, hereinafter referred to as "County, " and the WELD COUNTY CHILD CARE NETWORK, hereinafter referred to as "Network. " WITNESSETH: WHEREAS, County and Network entered into an Agreement on April 26 , 1988 , nunc pro tunc February 1 , 1988, a copy of which is attached hereto and is referred to herein as "Exhibit A" , and WHEREAS, the parties had desired to have "Exhibit A" void and rescind the previous Agreement between the parties covering the same subject matter, a copy of which is attached hereto as "Exhibit B" . NOW, THEREFORE, the parties hereto agree as follows: 1 . That the Agreement as set forth in "Exhibit A" hereby voids, rescinds, terminates, and replaces the Agreement between the parties shown in "Exhibit B" . 2. That this Addendum to Agreement shall amend and become a part of the Agreement as set forth in "Exhibit A". IN WITNESS WHEREOF, the parties hereto have executed this Addendum this 23rd day of May , A.D. , 1988. t2rproe.„ WELD COUNTY, COLORADO, by and ATTEST: tin� through the Board of County Commissioners of Weld County, Weld County Clerk and Recorder Colorado and Clerk to the B rd By: !///iT Deputy C erk Gene8 n ner, Chairman WELD CHILD CARE NETWORK DIVISION OF HUMAN RESOURCES / WELD COUNTY OLORADO By: I J By: Kathy a a, President a J. Speckman Board of Directors Executive Director By: ujS 96 Execu i Judy /�$'�•yb d ve erector 880399 AGREEMENT THIS AGREEMENT, made and entered into this 26th day of April , 1988 , nunc pro tunc February 1 , 1988 , by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld Count", Colorado, by and on behalf of the Weld County Division of Human Resources, hereinafter referred to as "County, " and the WELD CHILD CARE NETWORK, hereinafter referred to as "Network. " WITNESSETH: WHEREAS , County has awarded Network a sum of $30,000 .00 of Community Services Block Grant funds to provide assistance to targeted parents in obtaining low-cost, quality day-care, so that such parents may find and retain employment and become self-sufficient, and WHEREAS, the parties hereto are desirous of formalizing an agreement for the express purpose of providing low-cost, quality day-care services to eligible Weld County citizens. NOW, THEREFORE, in consideration of the mutual promises and covenants as stated herein, the parties hereto agree as follows: • 1 . Term: This contract shall be in effect from the date of signing by the parties hereto, nunc pro tunc February 1 , 1988, through February 28 , 1990 . 2 . Payment Terms: County agrees to pay a sum not to exceed $30 , 000 .00 to Network for services performed pursuant to this Agreement. 3 . Network Agrees: a. That, as a recipient of Community Services Block Grant funds , it is ft:lly aware of the restrictions and requirements of to regulations and applicable state and federal law concerning said grant funds. b. That, as a recipient of Community Services Block Grant funds , it will spend said funds in accordance with the law and procedures that govern the expenditure of such funds. c . That it will maintain sufficient records and accounting system and internal control procedures which are adecuate to permit the tracing of • Community Services Block Grant funds which clearly • demonstrates that such funds were used in 880399 'ice I of 3 Pages "EXHIBIT A" eaoszv compliance with the regulations of state and - - federal law governing said funds. d. That Network' s directors, officers, and employees are not currently, nor shall they become , employees of County as a result of the execution of this Agreement. e. That it will comply with all federal and state laws including, but not limited to, Title VI of the Civil Rights Act of 1964 , and that no person shall, on grounds or race, color, creed , sex, or national origin, be excluded from participation in, but not be denied the benefits of or be otherwise subjected to, discrimination pursuant to this Agreement. 4. County Agrees: a. To pay Network the above-stated sum upon presentation of proper claim by Network subject to the approval of County that services have been performed. b. County agrees to extend insurance coverage through its Colorado Counties Casualty and Property Pool to those persons serving as directors, officers, and employees of Network and while performing the services as contemplated by this Agreement. 5 . Assignment or Transfer by Network: Network may not assign or transfer this Agreement, or any interest herein or claimed hereunder without prior written approval of County. 6 . Access tc Network ' s Financial Records: County shall have access to Network ' s financial records for purposes of audit. Such records shall be complete and available for audit ninety (90) days after final payment hereunder and shall be retained and available for audit purposes for three (3) years after final payment. 7 . Termination of Agreement: County may terminate this Agreement at any time by giving Network a ten-day written notice of such termination prior to the date of termination; however, this Agreement may be terminated at any time without notice upon a • material breach of the terms of this Agreement by Network. S . Alteration or Variation of Terms: No alteration , or variation of terns cf this Agreement shall be valid unless made in writing and signed by the parties hereto. 880399 Page 2 of 3 ?ages IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 26th day of Aor'.1 , A.D. , 1988, nunc pro tunc February 1 , 1988 . L- WELD COUNTY, COLORADO, by and ,'j, `"' $ through the Board of County ATTEST: 1 '�TL��'2J Commissioners of Weld County, l Colorad Weld County Clerk and Recorder and Clerk to the B rd 1rn,tty �� 6) v:nBY: Aft Ge a R. Brantner, Chairman Deputy Clerk DIVISION OF ; HUMAN RESOURCES WELD COUNTY/COLORADO By: &�/p I ----"-._.------- Walter/ Speckman Executive Director iJ WELD CHILD CARE NETWORK By: 4?2'7% //Q,J//_Y Kathy Vasa, President Board of Directors By: ��w44 (\auk��kJ Judy ,eybold' 1 Executive Director Page 3 or 3 Pages 88Q399 i TIEMORANDUM OF .AGREEMENT' , . • : THIS AGREEMENT, made and •entered• toto thin - 8th •.: 'd_ay of February 1988, - by; and between Weld-'County; Division of Human Resources, hereinafter referred to as "HRD" , and Weld Child Care Network, 'hereinafter ;referred• to as :"NETWORK". _: WITNESSETH ' • WHEREAS, HRD has "awarded-the NETWORK•a sum of ,$30,000.00 of•Conmunirty Services Block Grant funds':to provide assistance to 'targeted parents in obtaining l.ow-cost, . quality daycare so•they' may, find'and retain. employment and become self-sufficient. `- • . . WHEREAS,'-the parties hereto are desirous of.he an agreement for the' - ' express purpose'of_providing:.low-cost, -quality'day. care services .to-el•igible Weld• . • County citizens. -• - - '- . NOW:THEREFORE, in consideration of the premises stated herein, the parties - hereto. agree-as' follows:. • -- . • • - • •• - :1. The purpose of this agreement' is to establish the. use :of Conmiunity- Services Block Grant monies i.by.the NETWORK.. • - "2. '_The contract period will ,be froro' February 1, 1988," through' February 28, 1990 3. HBO -agrees to pay the, NETWORK for services .performed hereunder'at a rate ' of $30,000.0.0. . . - • . . • - - 4:. • The total amount pai-d by NM to theNETWORK under this agreement shall- not • •exceed-the. sum of .$30,000.00. . • • - • 5.. The NETWORK assures that, as a recipient of Coni<iunity. Services Block•Grant- ... ' monies, it is fully aware'of the restrictions and requirements of the regulations and applicable State•and Federal law provisions. ' 6. . The NETWORK assures that, as a recipient. of Community Services Block Grant 'monies, it will spend, the•funds in accordance ;iith the laws and procedures • • • that .govern the expenditure of Community Services Block Grant .funds. • 7. The NETWORK assures that it will maintain sufficient records and an accounting system and internal- control procedures which are adequate to permit the tracing of the funds to a level of expenditure which clearly-demonstrates that the • . funds were used in compliance with the -regulations of State and Federal law. . ' . 8. The NETWORK agrees that is an independent contractor and that its officers and employees do• not. become employees of HRD as_ a result of- the execution of ;this agreement. . .. - . /• 9- The NETWORK shall indemnify HRD, and its officers and employees, against . liability_for injury or damage caused. by :any negligent act or omission by any' cf• ' the' NETWORK' s employees,, volunteers,- or agents in the performance of this agreement. . and shall hold HRD harmless from any loss occasioned. as a- result of the performance - of this contract: The NETWORK'shiall provide necessary workman's :compensation insurance at the NETWORK's-own "cost and expense, EXHIBIT' "B" _ 880399 10. -The NETWORK may not -assign or transfer this _agreement, :any.' interest -° • therein or claim thereunder, without the prior written approval of HRD: - . '• -- 11. -Payment to the-NETWORK will be made only upon presentation of -proper claim. by the :NETW0RK:subject to the approval of HRD that serviceshave- been • performed: 12. HRD shall have•access:to the NETWORC's financial records for purposes of • - 'audit. Such records shall -be complete- and available for audit. 90 days .after final- - -payment hereunder and s-hall be retained and available-for audit purposes for three • years:after final payment hereunder... . _ 13. HRD may terminate this •agreement at.any time by diving the:-NETWORK. a : .ten day written notice of such premature termination. - However, the agreement may ' . be terminated at anytime"`•without notice upon a material preach of- the terms .of this agreement by the NETWORK. ; : - • - : 14. .No "alteration Or variation of the terms of;-this agreement shall be -valid •- unless made in writing and signed 'by-the parties hereto. •• 15. The .NETWORK assures that-it will Comply-with all Federal and State Taws including; but not limited to., Title VI of the Civil Rights. Act. of 1964,• and that • no person-shall , on the grounds of race, color, creed, sex, or national origin, be _ • excluded from participation in; be.,denied the benefits of, or be otherwise -'. • subjected .to• discrimination under this agreement. ' • • _ • - - IN WITNESS WHEREOF, the parties above named 'hav�e executed this agreement of • - the ;8th day of' February.. A.D._; .1988• . • • BOARD OF COUNTY COMMISSIONERS • - • . - WELD COUNTY,.COLORADO • - ATTEST: i ..r (,.°c" • ene rantner, _C airman - - Weld County Clerk and Recorder // . / and Clerk to the Board J/f/V� Waf ter%J. peeckman, Executive Director ' +� WenCounty Division of Human Resources County Cler< T< - CAl/ r , .L%L-J? Kathy. Vas.a.,President Weld-Child Care Network' Board of Directors ` f? Judy Seytold, Executive Director- . Weld •Ch-gd Ca•r letwork ' .• $40399' RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENTS CONCERNING E911 EMERGENCY TELEPHONE SERVICE AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, 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 has been presented with Intergovernmental Agreements with various governmental agencies located within Weld County concerning the establishment of E911 emergency telephone service in Weld County, and ti WHEREAS, after review, the Board deems it advisable to approve said Intergovernmental Agreements, ccpies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Agreements with various governmental agencies located within Weld County concerning establishment of E911 emergency telephone service in Weld County be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Intergovernmental Agreements. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of May, A.D. , 1988 . BOARD OF COUNTY COMMISSIONERS ATTEST: WE COUNTY, COLORADO Weld County lerk and Recorder and Clerk to the Bo rd Gene R. Brantner, Chairman j,er.--)..- O7�nt t o/ C.W. Kix y, Pr Tem eputy County lerk i APPROVED TO FORM: Ja que ' •h's 4<(;.:%-g;)a'- rC:::' G . y / J ounty Attorney 1 ;'rrir.•J�. Frank Y'mag chi CMODO{ cc ern nx - -` in�J�.a.r 880403 Ogee/7 MEMORANDUM OF UNDERSTANDING CONCERNING J INTERGOVERNMENTAL AGREEMENT FOR ESTABLISHMENT OF THE WELD 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD. This 'Memorandum of Understanding concerning the - intergovernmental agreement regarding the establishment 'of-- the Weld 911 Emergency Telephone Service Authority Board, is made and entered into as of the Ong-c day of J99fry , 1988 , by and between the County of Weld and the City o� Greeley. WHEREAS, it is the intent of the parties to install an enhanced 911 system to provide improved response capabilities to jurisdictions for public safety by establishing the "Weld 911 Emergency Telephone Service Authority Board" , and WHEREAS, both parties wish to support an amendment to the intergovernmental agreement establishing the "Weld 911 Emergency Telephone Service Authority Board" to reduce the membership from seven members to five members. NOW, THEREFORE, in consideration of the mutual covenant hereinafter contained, the parties agree as follows: Both parties agree tc support an amendment to Section III of the Intergovernmental Agreement for Establishment of the Weld 911 Emergency Telephone Service Authority Board to reduce the members from seven to five by the elimination of a representative from emergency medical services and a member of the Board of County Commissioners from the Board. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD NTY, COLORADO BY: Ant 61170± L hairman ATTEST: &Atn&J Weld County Clerk and Recorder and Clerk to the Bo ' d xY: l e7?Lirt.< el 4 eputy County erk CIT RE LEY ayor ATTEST: 6 C ' '3 City of Greele Clerk _3' C :13 BY: .2..7 City Clerk 4* , INTERGOVERNMENTAL AGREEMENT FOR ESTABLISHMENT OF THE WELD 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD T s AG EMENT, made and entered into as of the ,19A day of /N417 , 1987 by and between the undersigned County, Municipal Corporations, and Special Districts WITNESSETH: WHEREAS, pursuant to Article 11 of Title 29 , C.R.S. , as amended the undersigned County, Municipal Corporations, and Special Districts are delegated the power to enter into agreements for the purpose of providing 911 emergency telephone service; and WHEREAS, Part 2 of Article 1 of Title 29, C.R.S. , as amended, encourages and authorizes agreements of this nature; and WHEREAS, it would serve the public welfare and be in the best interest of all of the undersigned County, Municipal Corporations, and Special Districts to participate in the organization, administration and common use of a central 911 emergency telephone service authority board; and WHEREAS , the parties desire to enter into this Intergovernmental Agreement for the following purposes: (1) to establish a separate legal entity to be known as the "Weld 911 Emergency Telephone Service Authority Board" (hereinafter referred to as the "Board" which shall be responsible for administering the operation of the 911 emergency telephone service program; and (2) to define the manner in which each of the parties will participate in the Board; and WHEREAS, it is the intent of the parties , as soon as it is technically and financially feasible, to commence installation of an enhanced 911 system which will include jurisdictions currently not receiving 911 service and provide improved response capability to those jurisdictions on the current service. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties agree as follows: I . DEFINITIONS The definitions for the terms "911 emergency telephone charge" , "911 emergency telephone service" , "exchange access facilities" , "governing body" , "public agency" , "service supplier" , "service user" , and "tariff rates" as used in this Intergovernmental Agreement shall be the same as the definitions 88C4r3 Page 1 of 9 Pages provided for those terms In Section 29-'!1-101 , C.R.S. , as - amended. II . GENERAL PROVISIONS The parties hereby establish a separate legal entity to be known as the "Weld 911 Emergency Telephone Service Authority Board" (hereinafter referred to as the "Authority Board") which shall be responsible for administering the operation of the 911 emergency telephone service program as described. The operation of said 911 emergency telephone service shall be as herein set forth. III . WELD 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD The Authority Board shall consist of seven (7) members to be selected in the following manner: - 1 . One member shall be selected by the County Commissioners to represent law enforcement from a list of nominees submitted by cities and towns, except the City of Greeley and City of Ft. Lupton, but each such entity may submit no more than one nominee for each vacancy; 2 . One member shall be selected by the County Commissioners to represent fire protection services from a list of nominees submitted by special districts providing fire protection and municipal fire departments, except the City of Greeley and City of Ft. Lupton, but each such entity may submit no more than one nominee for each vacancy; 3 . One member shall be selected by the County Commissioners to represent emergency medical services; 4 . One member shall be selected from the City of Greeley by the Greeley City Council; 5 . One member shall be selected from the City of Ft. Lupton by the Ft. Lupton City Council; 6 . One member shall be selected from members of the Board of County Commissioners by the Board of County Commissioners; 7. One member shall be selected by the County Sheriff. 8 . Members may be appointed to serve a consecutive term on the Authority Board, but no member shall serve for more than two (2) consecutive terms . The terms of all Page 2 of 9 Pages 8804C3 members shall be two (2) years and shall expire on the second Tuesday of January. 9 . Nothing in this section shall preclude either the law enforcement agencies or Special Districts and municipalities providing fire protection from determining by a simple majority vote of all those nominating entities, the entities ' choice (s) for appointment for the law enforcement and fire protection positions . Upon written notification to the County Commissioners of the majority' s choice (s) for appointment, the County Commissioners shall make the appointments in accordance with the majority' s choice (s) . IV. RULES AND REGULATIONS The Authority Board may pass supplementary rules and regulations as it deems necessary provided the supplementary rules and regulations are in compliance with Articles 1 and 11 of Title 29 , C.R.S. , as amended, and this Intergovernmental Agreement. The Authority Board shall not be in conflict nor attempt to set operating procedures or policies for city, town, fire protection district, fire department, police department, sheriff department, or any county operated entity. V. POWERS OF THE CORPORATION • The parties hereto agree that the Authority Board shall be empowered with the authority to contract for the installation and operation of an 911 emergency telephone service and may pay such costs by collecting an emergency telephone charge for such service in the service area which is within the jurisdiction and authorized by this Intergovernmental Agreement and by ordinance or resolution of the respective parties hereto. The Authority Board is hereby authorized to collect an emergency telephone charge as imposed by the governing bodies of the respective parties in an amount not to exceed two percent (2%) of the tariff rate in those portions of the service area for which 911 emergency telephone service is to be provided. The funds so collected shall be spent solely to pay for the installation costs and for the monthly recurring charges billed by the service suppliers for the 911 emergency telephone service. The funds so collected shall be credited tc a cash fund separate and apart from the general fund of any of the public agency parties or the Authority Board under this Intergovernmental Agreement. Any funds remaining in the account at years end shall be carried over the the next succeeding year for the same purposes in supplying 911 emergency telephone service. If the 911 emergency telephone service is ever discontinued, any balance in the account shall be transferred to the parties to the agreement, on Page 3 of 9 Pages fiE3Q4' 3 man a proportionate basis, based on main telephone station access lines within that agency's jurisdictions_ In addition, the Authority Board may do any other act as may be necessary for the provision of initial services and for the continued operation of the 911 emergency telephone service including, but not limited to, the ability to negotiate with equipment vendors and service suppliers for the purpose of obtaining the benefit of technological developments which the Authority Board deems necessary to improve or enhance the quality and efficiency of 911 service to be provided to the users. VI. TECHNICAL ADVISORY COMMITTEE The Authority Board may create a technical committee from entity representatives . The committee shall serve in an advisory capacity to the Authority Board. The committee shall make recommendations regarding the design, equipment selection, installation, maintenance and issues directly related to the continued operation of the 911 emergency telephone service . These recommendations shall be based upon the needs of the entities hereto. This committee has no authority to incur any expense nor the commitment of any funds associated with the equipment costs, installation costs , or any other costs related to the 911 emergency telaphone service. VII. BASIS FOR CONTRIBUTION AND CHARGES TO BE IMPOSED BY THE AUTHORITY BOARD The parties hereto agree that the basis for contribution and charges to be imposed on "service users" shall be in accordance with the provisions governing the same in Sections 29-11-101 et. seq. , C.R.S . , as amended. The parties agree that the Authority Board may request from the service suppliers those figures required to impose a contribution or service charge and to make a determination of the contribution or service charge based on those figures . The parties further agree whenever those figures are required for any contribution or service charge, the figures used shall be the most recent available at the time such figures are needed, unless otherwise specified herein. VIII . 911 SYSTEM OPERATING COSTS The monies paid into the Authority Board pursuant to the emergency telephone charge shall be placed in a separate designated cash fund with the County Treasurer and shall be paid 8864 '3 Page 4 of 9 Pages from said fund only for system operating costs. System operating costs shall defined as . installation costs, equipment costs, repair and maintenance costs , and for the monthly recurring charges billed by the service suppliers of the 911 emergency telephone service. No disbursement shall be made from the funds of the Authority Board except by check or warrant and unless a verified claim for services or commodities actually rendered or delivered has been first submitted and approved for payment by the Authority Board, said approval being evidenced by the President and Secretary of said Authority Board, or by majority vote of the Authority Board. The Authority Board shall not borrow money nor shall it approve any claims or incur any obligations for expenditures unless there is sufficient anticipated unencumbered cash in the appropriate fund, credited to the Authority Board, with which to pay the same. The County Treasurer may invest any monies paid into the Authority Board fund only in accordance with any applicable laws of the State of Colorado governing the investment of public funds. IX. BUDGET The Authority Board shall prepare annually a budget in accordance with the Local Government Budget Law of Colorado. Each year in which the Authority Board believes funds for operating costs in excess of revenues anticipated from the emergency telephone charge are necessary, it shall prepare a budget and submit a budget request to the Board of County Commissioners by July 1 of each year that this Agreement is in effect. The Board of County Commissioners shall consider funding the budget request in the County's annual appropriation. Should funding from the Board of County Commissioners not be forthcoming, or if any funding so provided shall be deemed insufficient by the Authority Board, the Authority Board may then present its request to the parties hereto who shall consider the budget submitted and determine a basis for contributing to the budget request at that time; however, no party may be obligated for the payment of any monies in excess of the funds generated by the uniform service charge without its written approval. X. BOOKS AND RECORDS Weld County, under direction of the Authority Board, shall maintain adequate and correct accounts of the Authority Board' s Page 5 of 9 Pages 8804 '3 funds, properties and business transactions, which accounts shall be open to inspection at any reasonable time by the - - parties hereto, their attorneys, or their agents. The County shall cause to be conducted an annual audit, which audit shall be conducted by an independent Certified Public Accountant licensed to practice in the State of Colorado. The County shall provide a copy of said audit to the Authority Board and to the governing bodies of the respective parties hereto upon -request. - XI. REPORTS within thirty (30) days after the end of each fiscal year as designated by the Authority Board, the Authority Board shall prepare and present to the respective City Councils, Town Boards of Trustees, Board of Directors of the Special Districts, and County Commissioners of Weld County, a comprehensive annual report of the Board's activities and finances during the preceding year. The Authority Board shall also prepare and present such reports as may be required by law, regulation or contract to any authorized federal and/or state agency or to whom such report is required to be made in the course and operation of the Weld 911 Emergency Telephone Service Authority Board. The Authority Board shall also render to the parties hereto, at reasonable intervals, such reports and accounting as the entities hereto may from time to time request. XII . DEFAULT IN PERFORMANCE In the event any party fails to pay its share of the administrative or operating costs then due, or to perform any of its covenants and undertakings under this Agreement, the Authority Board shall cause written notice of the ' Authority Board' s intention to terminate said Agreement as to such party in default to be given to that party' s governing body unless such default is cured within thirty (30) days from the date of such notice. Upon failure to cure said defaults within said thirty (30) day period, the membership in the Authority Board of the defaulting party shall thereupon terminate and said party shall thereafter have no voting or nominating rights as a member of the Authority, nor be entitled to representation on the Authority Board, and said party shall thereafter be denied service by the Authority Board. Furthermore, any party who is terminated under the provisions of this Section of the Agreement shall forfeit all right, title and interest in and to any property of or within the Agreement to which it may otherwise be entitled upon the dissolution of this Agreement. This article is not intended to 8804 '3 Page 6 of 9 Pages L ,d limit the right of any party under this Agreement to pursue any and all other remedies it may have for breach of this Agreement. XIII. TERMINATION CF AGREEMENT r A. This Agreement shall be in full force and effect upon the execution of this Agreement by all of the parties listed in attachment "A" hereto, and the parties entering into this Agreement shall have the option to continue this Agreement, subject to amendments, or until sooner terminated by a majority of the parties hereto. B. Any party' s participation in this Agreement may be • terminated by written notice from the party or parties to the Authority Board at least one hundred eighty (180) days prior to January 1 of any given year. Upon final termination of participation, such entity shall forfeit all right, title and interest in and to any property, monies, and equipment accuired by the Authority Board. C. Disbanding of t';a Authority Board shall only be by mutual agreement of a majority of the parties to this Agreement. In the event of disbanding, the powers granted to the Authority Board under this Agreement shall continue to the extent necessary to make an effective disposition of the property, equipment and monies held pursuant to this Agreement . The property, equipment and monies , upon disbanding, shall be distributed according to the following priorities: (1) If any public entity possessing the appropriate authority indicates an intent to continue 911 service county-wide, then all property, monies, and equipment shall go to said entity; (2) Any entities intending to provide 911 service in a portion of the County shall receive a share based upon the percentage of the County-wide telephone accesses to be served; (3) If no entity intends to continue 911 service, then monies, equipment, and property shall be returned to the parties to the Agreement at the time of disbanding in proportion to their contribution during the duration of the Agreement. D. In the event that any party hereto elects to terminate its participation in this Agreement prior to the end of any period of this Agreement not in accordance with subsection B of this section, that any such entity shall be considered in default of this Agreement and, accordingly, shall immediately forfeit its entire interest in the 911 emergency telephone service. XIV. AMENDMENT This Agreement may be amended by the parties from time to time, but any amendment shall be in writing and executed by all the entities hereto. Page 7 of 9 Pages 8864?'3 XV. LIABILITY OF BOARD OF DIRECTORS, OFFICERS AND EMPLOYEES The Authority Board as an entity shall indemnify and hold harmless individual members of the Authority Board and officers of the Authority Board from claims or judgments of third parties resulting from acts and omissions attributable to the good faith performance of the work of the Authority Board. The County, as part of its contribution to. the- Authority, shall purchase insurance to provide coverage for -the governing board members and the Authority Board against suit or suits which may be brought against said members of the board involving or pertaining to any of their acts or duties performed or omitted in good faith for the Authority Board. The County may obtain a bond or other security to guarantee the faithful performance of the duties of the members of the Authority Board. XVI. NOTICE Any notice required to be given under this agreement shall be deemed to be made by dispatch of a register or certified letter, return receipt requested to the address of the entity below stated or as may be amended by notice to each of the other parties . XVII . SEVERABILITY CLAUSE If any provision of this Agreement or the application hereof to any party or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provision or application, and to this end the provisions of the Agreement are declared to be severable. XVIII. CHOICE OF LAW AND VENUE This agreement shall be interpreted in accordance with the laws of the State of Colorado and Venue shall be proper for any dispute arising out of this agreement in the District Court in and for the County of Weld. XIV. EXECUTION OF DUPLICATE ORIGINALS Execution of this Agreement shall be by execution of a separate duplicate original by each of the parties hereto. 881114W3 Page 8 of 9 Pages A . IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and. year hereinafter set forth. - BOARD OF COUNTY COMMISSIONERS WELD CO , COLORADO g BY: �i` fir t hairman 1701/214-r1/4ATTEST: (*Eche Weld County Clerk and Recorder and Clerk to the Board CBAjtDe uty County Cle AULT/PIERCE FIRE ISTRICT BY: 8804f'3 IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD CO :7Y, COLORADO BY: g f( effigteC Chairman . ATTEST: 4echg 4L) Weld County C erk and Recorder and Clerk to the Board Bv. eputy County Cle BERTHODD FIRE DISTRICT BY: �C 8804C3 4, . Execution shall not be effective until the originals are filed with the Clerk to the Board of County Commissioners, P.O. Box 758 , Greeley, Colorado 80632 . Said Clerk will provide notice to the parties when execution by all parties is complete under XIII A. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD TY, COLORADO BY: Chairman ATTEST: ttA&J Weld County Clerk and Recorder and Clerk to the Board C - r �Y; ei d_Deputy Countyle k� DAcon'o 4Res Frk,e P4ro rc1 DriLpic. Ant;sr • - C , k • P,apaos - iecR.eFdst.t7 . • • 880193 Page 9 of 9 Pages Execution shall not be effective until the originals are filed with the Clerk to the Board of County Commissioners, P.O. Box 758 , Greeley, Colorado 80632 . Said Clerk will provide notice to the parties when execution by all parties is complete under XIII A. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BORRODOERCOMEINIMOMVUZIG0107182M T14�CK fix} BY: airman , - aton Fire District ATTEST: le `f$tiLe Weld County rk and Recorder and Clerk to the Board BOARD O ' COUNTY COMMISSIONERS WELD ''STY', COLORADO BY: �t Deputy County'-Clerk C airman • 880473 Page 9 of 9 Pages IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. -- BOARD OF COUNTY COMMISSIONERS WELD CODIFY, COLORADO BY: ha rnan ATTEST: 1r 311°•4cS4 Weld County Clerk and Recorder and Clerk to the Board puty County Cle GALETON FIRE DISTRICT BY: tt hru d. .(t1, 880403 Er IN WITNESS WFEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. - BOARD OF COUNTY COMMISSIONERS WELD COUNTY, yCOOLORADO BY: f//! , Set hairman ATTEST: 7,i (48. �Zt Weld County Clerk and Recorder and Clerk to the Board (- , tf-25.-4-7 By: 107t-in J ►=puty County Cle FREDERICK FIRE DISTRIC,T��.,�l`rr BY: L �,J1� • 880483 IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. -- BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • BY: Lhairman"727ATTEST: .o'i �;c Weld County C1 rk and Recorder and Clerk to the Board -- ty County Cle k FT. LUPTON FIRE/}) DISTRICT 4 BY: ri oeUu2M 4-47. President 8804C3 IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. - _ _ BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BYAde Set Chairman ATTEST: v:42a ti—la.�J Weld County CI r .a k and Recorder and Clerk to the Board eputy County C1 rk / HUDSON FIRE DISTRICT BY: �, . 8804C3 IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: M&/ CO. l ''Chairman ATTEST: iattA.d nl Weld County C erk and Recorder and Clerk to the Board Qom/ f (2-Lca) D puty County Cle JOHNSTOWN FIRE DISTRICT BY 880403 IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. • BOARD OF COUNTY COMMISSIONERS WELD CO , COLORADO BY: Ape "lad_ cc/ airman ATTEST: * 4;J Weld County C erk and Recorder and Clerk to the Board • D puty County Cler LASALLE FIRE DISTRICT BY: 0,41,414.4-644.4-•• 88©4C3 IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO /J f� BY �J& `;� 7VG„""__ �, ha rman ATTEST: G,tf Weld County Clerk and Recorder and Clerk to the Board D putt' County CleOvdt-944,.) x•F: LONGMONT RURAL FIRE D NTEPAR,TTMMENT BY: Ae .�i'L G�.Q' 8804'"3 1 "Ilihngzt IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. _ BOARD OF COUNTY COMMISSIONERS WELD CO , COLORADO BY: Cha rman ATTEST: €,Gto d(1.fi..J Weld County C1 rk and Recorder and Clerk to the Board D ut Counter C P ➢ Yl MILLIKEN _IRE DISTRICT BY: 8864^3 IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS VELD COUNTY, COLORADO BY: , hairman‘717ATTEST: 4(a Weld County C erk and Recorder and Clerk to the Board De uty County Cler NUNN FIRE DISTRICT BY: Pk esidei1,� 8804' 3 IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: I ; `-' Cha rma �z ATTEST: t7rf^'�4eut,"' " Weld County Clerk and Recorder and Clerk to the Board D putt' County Cie k PAWNEE FIRE PROTECTION- DISTR.:£T, BY: L �Q lY .. :'` 8864C3 IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. - BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY:.�Q1� gie-ys,± Chairman ATTEST: 7V)] �� Weld County C rk and Recorder and Clerk to the Board C yeputy County Cler PLA1, ) ALLEY FIRE DISTRICT BY: eaci� 8804^3 IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD CO , COLORADO BY: /C eat Lha rman ATTEST: t7r)2t 4eAA- Weld County Clerk and Recorder and Clerk to the Board By: 4i at-s1-1-2 eputy County Clerk PLATTEVILLE FIRE DISTRICT BY:_ n� %/1 88044!3 IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. k BOARD OF COUNTY COMMISSIONERS WELD CO /'TTY,, �COLOORADO BY: /J!✓/fJ t /fat ""'- ha rman ATTEST:174,44 7tUA.4(P-r n ) Weld County Clerk and Recorder and Clerk to the Board y Deputy County Cl k POUDRE VALLEY FIRE DISTRICT 8804Ca IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD C UNTIL, COLORADO BY: Chairman ATTEST: 4Ci,ti f Weld County C erk and Recorder and Clerk to the Board D putt' County Clerk RAYMEERR/STONEHAM` FIRE DISTRICT � BY: C�Q�y Ojar- -C�J 1 88043 �.. Execution shall not be effective until the originals are filed with the Clerk to the Board of County Commissioners, P.O. Box 758 , Greeley, Colorado 80632. Said Clerk will provide notice to the parties when execution by all parties is complete under XIII A. • IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BUIZ.755XWEEMNXIVOIZICUSSXXXIMIS NEXa4XS24 lS'Xr,;XSmX1O21191p BY: till; Chairman, S.E. 1W id Fire District ATTEST: 7 ` t J BOARD OF COUNTY COMMISSIONERS Weld County clerk and Recorder WELD COUN Y, COLORADO and Clerk to the Board . 1 � l BY: N'-it- pywi}t.c.q_ �, ) Chairman eputy Count Clerk 0 • 880x3 } Page 9 of 9 Pages IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. - BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO ,ry BY: /at 1 hairman L��i�t�� 4/ ATTEST: �-ec Weld County Clerk and Recorder and Clerk to the Board De ty County Cle TRI-AREA AMBULANCE DISTRICT BY Jt � 6804e3 Execution shall not be effective until the originals are filed with the Clerk to the Board of County Commissioners, P.O. Box 758 , Greeley, Colorado 80632 . Said Clerk will provide notice to the parties when execution by all parties is complete under XIII A. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD C TY, COLORADO BY: f Sof/I et. • hairman ATTEST`�,7 21)&.. Pk c.. , Weld County/, lerk and Recorder �n and Clerk to the Board y: X101 tti Deputy County lerk Western Hills Fire Protection District Board Chairman r F38C4Ca Page 9 of 9 Pages Execution shall not be effective until the originals are filed with the Clerk to the Board of County Commissioners, P.O. Box 758 , Greeley, Colorado 80632. Said Clerk will provide notice to the parties when execution by all parties is complete under XIII A. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD F COUNTY COMMISSIONERS //VELD UNTY, C RADO BY: /U ,r��,,�,,�24,� ai ATTEST`��r�"'"""` Weld County Clerk and Recorder and Clerk to the Board Deputy Co my lerk VINISO CE FIRE PROTECTION DI BY: -4-- i ATTEST: . jBy / 1f-r•` Treasurer 8804'^3 Page 9 of 9 Pages IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their , respective 'signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD CO _Y, COLORADO-, BY: hairman ATTEST: tub Weld County lerk and Recorder and Clerk to the "Board_ eputy County lerk TOWN OF DACONO ayor / • • 88043 9 • Execution shall not be effective until the originals are filed with the Clerk to the Board of County Commissioners, P.O. Box 758 , Greeley, Colorado 80632 . Said Clerk will provide notice to the parties when execution by all parties is complete under XIII A. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD C /NT?, COLORADO BY: y Chairman ATTEST: /J T�tiJ Weld County lerk and Recorder and Clerk to the Board Deputy County lerk APPROVED FORM: APPROVED AS TO SUBSTANCE: City At orney City Manale CITY OF EVANS, COLORADO By: ATTEST: Ma r i e • City Cle 880403 Page 9 of 9 Pages IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. - - - BOARD OF COUNTY COMMISSIONERS WELD COUNTY,. COLORADO BY: P fie ify l�L FG4 - ha rmaa tfipeATTEST: fFA TO PLI Weld County Clerk and Recorder and Clerk to the Board v .cF/ D �t ty Cle CITY OF FT. ;UPTON BY: � lea tt- ayor r ATT T: 4 City Cl c 8504'03 IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO(�BY: 4i ealtd-r--j hairman ATTEST: `,7272 Weld County Clerk and Recorder and Clerk to the Board ct''1 � eputy ouaty Cler CITY OF GREELEY Y: / ayor 880433 IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. - BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ha rman � ATTEST: ��1J1�I�f Weld County Clerk and Recorder and Clerk to the Board De uty County Clerk TOWN OF AULT BY: JJJ� _SitSek Mayor 81304C3 Execution shall not be effective until the originals are filed with the Clerk to the Board of County Commissioners, P.O. Box 758, Greeley, Colorado 80632. Said Clerk will provide notice to the parties when execution by all parties is complete under XIII A. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD TY,,/ COLORADO BY: )J qgt 2h Chairman ATTEST Weld County Clerk and Recorder and Clerk to the Board eputy County erk TOWN OF EATON, COLORADO By: We east..- ATT ST: Mayor - H.P. Christensen a�- . City Clerk - Marie A. Baum • Page 9 of 9 Pages 830403 Execution shall not be effective until the originals are filed with the Clerk to the Board of County Commissioners, P.O. Box 758 , Greeley, Colorado 80632 . Said Clerk will provide notice to the parties when execution by all parties is complete under XIII A. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD NTY, COLORADO BY: izr • Chairman ATTEST: S Weld County Clerk and Recorder and Clerk to the Board Deputy County ler TO �FTRESTO�4E /<yor ) ff---tre—r, ATTEST: ierc • 88048-3 Page 9 of 9 Pages IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. - - BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • BY: li ift-y t ' haixvsan ATTEST: %titin.l Weld County Clerk and Recorder and Clerk to the Board a 12a (-11.-ife-st • Dep ty County Clerk TOWN OF FREDERICK BY: Mayor sou in.k .4.64,c2 azAk sso4e3 IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COTJNTY COMMISSIONERS WELD COUNTY, COLORADO BYe elje _ML C n —/4Y Ya ATTEST: i Weld County Clerk and Recorder and Clerk to the Board yA ?7t�pl t-se a, De uty County Cle TOWN OF GARDEN CITY BY: Yom• / A.6) ayor • 8804e3 Execution shall not be effective until the originals are filed with the Clerk to the Board of County Commissioners, P.O_ Box 758 , Greeley, Colorado 80632 . Said Clerk will provide notice to the parties when execution by all parties is complete under XIII A. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COtTA'TY COMMISSIONERS WELD MINTY/ COLORADO BY Ale/ - to u y . C airman ATTEST: T� pu Weld County erk and Recorder and Clerk to the Board epunnty County C rk TOWN 6G c4dete-sr By: liM2Yor - a /exesT— ATTEST: • r/L:1 Town lerk 880V3 Page 9 of 9 Pages IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD C UNTY, COLORADO BY: u airman ATTEST:` /� Weld County Clerk and Recorder and Clerk to the Board � I�eputq County Clerk /J TOWN OF GROVER BY: titAd-LC-Jen— Mayos"/JJ- 8804 )3 em Execution shall not be effective until the originals are filed with the Clerk to the Board of County Commissioners, P.O. Box 758 , Greeley, Colorado 80632 . Said Clerk will provide notice to the parties when execution by all parties is complete under XIII A. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD C U TY, COLORADO BY: Chairman ATTEST: Weld County Clerk and Recorder and Clerk to the Board • • eputy County erk TOWN OF HUDSON, COLORADO SEAL \fititi6L Mayor Attest: oWnC 880403 Page 9 of 9 Pages A .t .: Execution shall not be effective until the originals are filed with the Clerk to the Board of County Commissioners, P.O. Box 758 , Greeley, Colorado 80632 . Said Clerk will provide notice to the parties when execution by all parties is complete under XIII A. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD C TY, COLORADO BY: 1'� /tom /:7124±- - 4 ,,,,•� .Chairman ATTEST: • `�� •� �iu� ��c4-"'.`�:`�y: Weld Countyrltlerk and Recorder and Clerk to the Board R_�I Deputy nt Clerk •••• .:7:: . .-•::ri • ` " � TOWN OF JOHNSTOWN, COLORADO leer ,..,......y.- c BY: � � �� Mayor BY:`�P�2�}QQ{!til\ 'i LJ(L i Clerk ea. i SEAL 88,134f."2 1 Page 9 of 9 Pages . Execution shall not be effective until the originals are filed with the Clerk to the Board of County Commissioners , P.O. Box 758 , Greeley, Colorado 80632 . Said Clerk will provide notice to the parties when execution by all parties is complete under XIII A. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD NTY, COLORADO 15 fraes.t.• C airman ATTEST: 47, P�,cet&O Weld County alerk and Recorder and Clerk to the Board ----)Deputy County'Clerk PASSED, ADOPTED AND APPROVED THIS [9S DAY OF _,ol,,, ,c,t../ , A.D. , 1987. -roam/ OP Xekilars WIG Aet.v.s.", r-,,...-C,-...L.n.---C- Mayor ATTEST: Townrc 8804'33 Page 9 of 9 Pages IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: II 3 if h rman ATTEST: 77 Weld County erk and Recorder and Clerk to the Board Jam, l2 eputy County Cle TOWN OF KERSEY BY: Cr"1-crinf Q_ Mayo 880403 IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD CO , COLORADO BY: 7 V gat/ Chairman 1727,4-4ATTEST: 2at) Weld County Clerk and Recorder and Clerk to the Board • Deputy County Cle k TOWN OF LASAILE BY Mayor 8804?'3 �sF � , � . ,� �-� try :.. ;� � 3 > t �;Mg �,a, .,. : er Execution shall not be effective until the originals are filed - with the clerk to the Board !of County Cornnissioners, P.O. Box 758 , Greeley, Colorado 80632. Said Clerk will provide notice to the parties when execution by all parties is complete under XIII A. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD.��'1lit TY, COLORADO BY: L C Chairman ATTEST: Je Zca `.v o Weld County rk and Recorder and Clerk to the Board D putt' County erk INTRODUCED READ AND PASSED ON FIRST READING, AND ORDERED PUBLISHED THIS DAY OF /fr.&n7J .s'2 , 1987. TOWN OF LOCHBUIE 4 Gus, ATTEST: c • crniccLERK UPON V,,3ctON DULY ASECONDED, PASSED AND ORDERED IMMEDIATELY EFFECTIVE THIS a • DAY OF , 1987. tc..: ,<X1 /2 ; CCU Pi OR _ iTTESl S8C4C3 (147 TO Wit CLERIC Page 9 of 9 Pages IN WITNESS WHEREOF; the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, �CJOLORADO BY: 1liltY �(/ ey� d airman ATTEST: M�h Weld County C erk and Recorder and Clerk to the Board arm mp fl,,m) =i•uty County Cler TOWN OF MEAD BY: at } Mayor ATTEST: MEAD TOWN CLERK / TREASURER L\ 8864C3 IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD CO , COLORADO BY: l/ft (( O Ca rman `'�, ATTEST: l� j� n) Weld County Clerk and Recorder and Clerk to the Board D puty County Clerk TOWN OyF�MILLIKEN BY; i� "`." '" aci Mayor 8804-3 0 -nn IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD CO , COLORADO BY: t _e4PC b y`�'.'•^_` hairman (4-ace ATTEST: t�rl� rinJ Weld County Clerk and Recorder and Clerk to the Board b 157 u�r}r a J D uty County Clerk TOWN OF NEW RAYNER oasa 0 :1714-41--- 880403 1 Execution shall not be effective until the originals are filed with the Clerk to the Board of County Commissioners, P.O. Box 758 , Greeley, Colorado 80632 . Said Clerk will provide notice to the parties when execution by all parties is complete under XIII A. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD TY, COLORADO BY: t, hairman ATTEST: 2 att ,Gti) Weld County erk and Recorder and Clerk to the Board eputy Count Clerk l TOWN OF NUNN, COLORADO • BY �s� 4 ` �T ATTEST: 4,,k1 Town Clerk Page 9 of 9 Pages Execution shall not be effective until the originals are filed _ with the Clerk to the Board of County Commissioners , P.O. Box 758 , Greeley, Colorado 80632 . Said Clerk will provide notice to the parties when execution by all parties is complete under XIII A. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto , as of the day and year hereinafter set forth. XXINRttCXtfXXIOCXM 7W53i1i}CXX! 11 ATTEST: Y• H � Deputy-County Clerk oL P � BOARD OF COUNTY COMMISSIONERS WELD C TY, COLORADO BY: It Chairman ATTEST: Weld County lerk and Recorder and Clerk to the rd ftwtn o i 6.) �eputy County lerk • 880403 Page 9 of 9 Pages Execution shall not be effective until the originals are filed with the Clerk to the Board of County Commissioners, P.O_ Box 758 , Greeley, Colorado 80632. Said Clerk will provide notice to the parties when execution by all parties is complete under XIII A. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD O NTY, COLORADO BY 2 (6-- c `` , Chairman li ATTEST: 41As ,nf Weld County Jerk and Recorder and Clerk to the Board J/i71'-2 -Lo J am}--err i Deputy County erk TOWN OF PLATTEVILLE, COL 0 / BY: Mayor ATTEST: 6 7(:/� BY: Ah dAA/ Town hlerk 98®433 Page 9 of 9 Pages Execution shall not be effective until the originals are filed with the Clerk to the Board of County Commissioners, P.O. Box 758, Greeley, Colorado 80632 . Said Clerk will provide notice to the parties when execution by all parties is complete under XIII A. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD C TY, COLORADO BY: ij/f airman ATTEST: Weld County ellerk and Recorder and Clerk to the Board putt' County lert // 1OW.O Of-' vec,9nCC; le.-"a 8804O3 Page 9 of 9 Pages IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix. their _respective signatures. hereto, as of the day and year hereinafter set .forth. ' .TOWN OF WINDSOR ' .BY: M _or, towl of Windsor ATTEST: tem By: 1 BOit/ Town Clerk BOARD OF COUNTY COMMISSIONERS WELD CO�j7NTY, COLORADO BY: g red VS Chairman ATTEST: I�iL Weld County Clerk and Recorder and Clerk to the Board Deputy County jerk 8804-173 • 9 PI _ ___ _ , Execution shall not be effective until the originals are filed with the Clerk to the Board of County Commissioners, P.O. Box 758 , Greeley, Colorado 80632 - Said Clerk will provide notice to the parties when execution by all parties is complete under XIII A. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: X.009://2/ ATTEST- 2Uu�d ,J Chairman l�r`aterrr Weld County Clerk and Recorder and Clerk to the Board I y: eputy County lerk BEEBE DRAW LAW AUTHORITY BOARD BY: r np Chairmanp,a fem SUBSCRIBED AND SWORN to before me this 27th day of January, 1988. WITNESS my hand and official seal. P N ary Publ ' t 915 Tenth St. My commission expires: 8/7/89 Greeley, CO 80631 1384Ri4r3 Page 9 of 9 Pages PARTIES TO 911 AGREEMENT FIRE AND AMBULANCE DISTRICTS: Ault/Pierce Fire District P.O. Box 463 Ault, CO 80610 Berthoud Fire District P.O. Box 283 Berthoud, CO 80513 Daceno Fire District P.O. Box 40 Dacono, CO 80514 Eaton Fire District P.G. Box 582 Eaton, CO 80615 Galecon Fira District P.O. Box 697 Caleton, CO 80622 Frederick Fire District P.O. Box 129 Frederick, CO 80530 ?t. Lupton Fire District 1121 Denver Avenue Ft. Luaton, CO 80621 Hudson Fire District P.O. Box Seven Hudson, CO 80642 Johnstown Fire District P.O. Box "F" Johnstown, CO 80534 LaSalle Fire District P.O. Box 414 LaSalle, CO 80645 Lanz:out Rural Fire Denartrent 9119 County Line Road Lc^_ont, CO 80501 Milliken Fire District P.O. Box 58 Milliken, CO S0543 8304'"3 Nunn Fire District 487 Logan Avenue P.O. Bo:: 128 Nunn, CO 80648 Pawnee Fire Protection District P.O. Box 67 Grover, CO 80729 • Platte Valley Fire District P.O. Box 281 Kersey, CO 80644 Platteville Fire District P.O. Box 122 Platteville, CO 80651 Poudre Valley Fire District c/o Poud e Fire Authority 505 Peterson Ft. Collins, CO 80521 Rayner/Stoneham Fire District Box 92 New Raymer, CO 80742 S.E. Weld Fire District P.O. Box 5 Roggen, CO 80652 Tri-Area Ambulance District 350 Fourth Street P.O. Box 475 Frederick, CO 80530 Western Hills Fire District 1804 Cherry Avenue Greeley, CO 80631 :andsor/Severance Fire District 728 Maim P.Q. Box 303 Windsor, CC 80550 MUNICIPAL:TIES: City of Dacono • 512 Cherry Street P,O. Box 186 • Dacono, CO 80514-0117 City of Evans 3700 Golden P.O. Box 59 Evans, CO 80620 City of Ft. Lupton 130 South Mc{inley P.O. Box 148 Ft. Lupton, CO 80621 City of Greeley 919 Seventh Street Greeley, CO 80631 Town of Ault 201 First Avenue P.O. Box 98 Ault, CO 80610 Town of Eaton 223 First Street P.O. Box 946 Eaton, CO 80615 Town of Firestone — 150 Buchanan Avenue P.O. Box 100 Firestone, CO S0520 Town of Frederick P.O. BON 435 Frederick, CO 80530 Town of Garden City 621 27th Street Road Greeley, CO 80631 Town of Gilcrest 380 Sth Street P.O. Box 8 Gilcrest, CO 80623 Town of Grover P.O. Box 57 Grover, CO 80729 8804!3 Town of Hudson 609 Cedar Street P.O. Box 351 Hudson, CO 80642 Town of Johnstown 108 Charlotte Street P.O. Box 306 Johnstown, CO 80534 Town of Keenesburg 140 S. Main Street Keenesburg, CO 80643 Town of Kersey 332 Third Street P.O. Box 67 Kersey, CO 80644 Town of LaSalle 119 Main Street P.O. Box 717 LaSalle, CO 80645 Town of Lochbuie 0152 Poplar Route 4, Box 99 Lochbuie, CO 80601 Town of Mead 441 3rd Street P.O. Box 217 Mead, CO 80542 Town of Milliken 1109 Broad Street Lock Drawer 290 Milliken, CO 80543 Town of New Rayner 227 Baird P.O. Box 146 New Rayner, CO 80742 Town of Nunn 185 Lincoln Avenue Nunn, CO 80648 Town of Pierce 240 Main Avenue P.O. Box 57 Pierce, CO 80650 Town of Platteville P.O. Drawer 70 Platteville, CO 80651 - Town of Severance 336 S. 1st Street P.O. Box 122 • Severance, CO 80546 • Town of Windsor 301 Walnut Street P.O. Box 627 Windsor, CO 80550 LAW ENFORCEMENT AUTHORITIES: Beebe Draw Law Enforcement Authority c/o Clerk to the Board of County Commissioners P.Q. Box 758 Greeley, CO 80632 COUNTY: Weld County Board of County Commissioners P.O. Box 758 Greeley, CO 80632 s80411. 3 PARTIES TO 911 AGREEMENT FIRE AND AMBULANCE DISTRICTS: • . - Ault/Pierce Fire District • P.O. Box 463 Ault, CO 80610 Berthoud Fire District • P.O. Box 283 Berthoud, CO 805I3 Dacono Fire District P.O. Box 40 Dacono, CO 80514 Eaton Fire District P.O. Box 582 Eaton, CO 80615 Galeton Fira District P.O. Box 697 Galeton, CO 80622 Frederica_ Fire District P.O. Box 129 Frederick, CO 80530 Ft. Lupton Fist District 1121 Denver Avenue Ft_ Lupton, CO 80621 Hudson Fire District P.O. Box Seven Hudson, CO 80642 Johnston. Fire District P.O. Box "F" Johustc:.t, CO 80534 LaSalle Fire District • P.O. Box 414 LaSalle, CO 80645 Loan»t Rural Fire Department 9119 County Line Road Longmont, CO 80501 Milliken Fire District P.O. Box 58 Milliken, CO 50543 88434(123 Nunn Fire District • 487 Logan Avenue . • P.O. Box 128 . Nunn, CO 80648 Pawnee Fire Protection District P.O. Box 67 • Grover, CO 80729 • • Platte Valley Fire District • P.O. Box 281 Kersey, CO 80644 Platteville Fire District P.O. Box 122 Platteville, CO 80651 Poudre Valley Fire District c/o Poudre Fire Authority 505 Peterson Ft. Collins, CO 80521 Rayner/Stoneham Fire District Box 92 New Rsymer, CO 80742 S.B. Weld Fire District P.O. Bose 5 Roggen, CO 80652 Tri-Area Ambulance District 350 Fourth Street P.O. Box 475 Frederick, CO 80530 Western Hills Fire District 1804 Cherry Avenue Greeley, CO 80631 '.:indsor/severance Fire District 723 Maim P.O. Box 303 Windsor, CC 80350 8604(::,3 ;!CNICIPALIlIZS City of Dacono 512 Cherry Street • P.O. Box 186 Dacono, CO 80514-0117 City of Evans 3700 Golden P.O. Box 59 • Evans, CO 80620 City of Ft. Lupton 130 South McKinley P.O. Box 148 Ft. Lupton, CO 80621 City of Greeley 919 Seventh Street Greeley, CO 80631 Town of Ault 201 First Avenue P.O. Box 98 Ault, CO 80610 Town of Eaton 223 First Street P.O. Box 946 Eaton, CO 80615 Town of Firestone 150 Buchanan Avenue P.O. Box 100 Firestone. CO S0520 Town of Frederic:: P.O. Box 435 Frederick, CO 80530 Town of Garden City 621 27th Street Road Greeley, CO 80531 Town of Gilcrest 380 8th Street P.O. Box 8 Gilcrest, CO 8062_3 Torn of Grover P.O. Box 57 Grover, CO 807:9 8804n Town of Hudson 609 Cedar Street P.O. Box 351- Hudson, CO 80642 Town of Johnstown 108 Charlotte Street P.O. Box 306 Johnstown, CO 80534 Town of Keenesburg 140 S. Main Street Keeaesburg, CO 80643 Town of Kersey 332 Third Street P.O. Box 67 Kersey, CO 80644 Town of LaSalle 119 Main Street P,O. Box 717 LaSalle, CO 80645 Town of Lochbuie 0152 Poplar Route 4, Box 99 Lochbuia, CO 80601 Town of Mead 441 3rd Street P.O. Bo:: 217 Mead, CO 80542 Town of Milliken 1109 Broad Street Lock Drawer 290 Milliken, CO 80543 Town of New Raymer 227 Baird P.O. Box 146 New Raymer, CO 80742 Town of Nunn 185 Lincoln Avenue Nunn, CO 80648 Town of Pierce 240 Main Avenue P.O. Box 57 Pierce, CO 80650 880433 Town of Platteville P.O. Drawer 70 Platteville, CO 80651 Town of Severance 336 S. 1st Street P.O. Box 122 Severance, CO 80546 Town of Windsor • 301 Walnut Street P.O. Box 627 Windsor, CO 80550 LAW ENFORCEMENT AUTHORITIES: Beebe Draw Law Enforcement Authority c/o Clerk to the Board of County Commissioners P.O. Box 758 Greeley, CO 80632 COUNTY: Weld County Board of County Commissioners P.O. Box 758 Greeley, CO 80632 8804?3 Air RESOLUTION IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN TEE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE DISTRICT. BE IT RESOLVED BY THE BOARD OF DIRECTORS: WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Directors finds that thef 4nt_ 474 District is lawfully authorized to impose a ch rge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system for that portion of the District located within Weld County. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved oy the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of Directors may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3 . Telephone service suppliers providing telephone service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in 8804•_3 • accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. Section 4 . This resolution shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. The above and foregoing Resolution was, on motion y made and secon ed, adopted by the following vote on the Jo day of '11/ _, A.D. , 198$ Chai n ATTEST: By 4/4/21- ; R. d /65-46O cove €e .7° ev 6-74,SZ7 M y eosin/ssia.v EXPh€ c : 9/ M'9 • 88°4% ir irk RESOLUTION IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE DISTRICT. BE IT RESOLVED BY THE BOARD OF DIRECTORS: WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Directors finds that the 86'j/./ataO District is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system for that portion of the District located within Weld County. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of Directors may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3 . Telephone service suppliers providing telephone service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in 8804' 3 Pt- 1 accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. Section 4 . This resolution shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. The above and foregoing Resolution was, on motion duly made an seco ded, adopted by the following vote on the /741) day of , A.D. , 1987 C airman ATTESTS • � T � 8804"'-3 • It ESOI.UT ION IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE'- SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE DISTRICT. BE IT RESOLVED BY THE BOARD OF DIRECTORS: WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Directors finds that the °Aeon.° F,ec Plod. District is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11--101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system fat that portion of the District located within Weld County. Section 2 . There is hereby imposed, pursuant to Coldredo Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of Directors may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. • Section 3 . Telephone service suppliers providing telephone • service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in 880433 1/ accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. Section 4 . This resolution shall not be effective until the intergovernmental agreement; creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the iz tit day of •TA".,Aswan , A.D. , 198% arall Patni • POI 3ohnsion ATTEST Ance�o Aria Fide An"of. l�iiel. end L. RiC&n&cis - SeegeMa1 • • • • • • 8804C'3 •_ RESOLUTION IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE DISTRICT. BE IT RESOLVED BY THE BOARD OF DIRECTORS: WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Directors finds that the Eaton Fire Protection District is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW, THEREFORE, BE IT ORDAINED BY TEE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system for that portion of the District located within Weld County. Section 2. There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of Directors may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3 . Telephone service suppliers providing telephone service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in 88040;3 accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. Section 4 , This resolution shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. The above and foregoing Resolution was, on motion 4 1y made and seconded, adopted by the following vote on the /8 day of Nm13i , A.D. , 1987 / 1Ct:Pre---06.4>ea-D Ch irman ATTEST: BY ,+-xkJ 8804: a3 !Pw RESOLUTION IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE DISTRICT. BE IT RESOLVED BY THE BOARD OF DIRECTORS: WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Directors finds that the a,<„A Fk- atm District is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system for that portion of the District located within Weld County. Section 2. There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of Directors may, by Resolution, raise or lower the emergency telephone charge, but in no event , shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3 . Telephone service suppliers providing telephone service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in 880r3 _ �,_ accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. Section 4 . This resolution shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation cf an emergency telephone service system is signed by representatives. of all parties to the agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5 day of , A.D. , 1987 Chairman l J ATTEST: By 8804C'3 reed/tick r—, fZie- a. • RESOLUTION IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE DISTRICT. BE IT RESOLVED BY THE BOARD OF DIRECTORS: WHEREAS , in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS , the Board of Directors finds that the Frederick Fire District is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system for that portion of the District located within Weld County. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes , Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of Directors may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3 . Telephone service suppliers providing telephone service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in 8804C3 r J accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. Section 4 . This resolution shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. The above and foregoing Resolution was, on motion duly made an4 seconded, adopted by the following vote on the 8n day of yuyvs r , A.D. , 1988 Chairman Frederick Fire District ATTEST• By /14::7--4As- / 6504 13 RESOLUTION IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE DISTRICT. BE IT RESOLVED BY THE BOARD OF DIRECTORS: WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Directors finds that the �-r Atin ice. p -yam District is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached • intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone servic= system for that portion of the District located within Welc County. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of Directors may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3 . Telephone service suppliers providing telephone service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in 88047'3 C. accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. Section 4 . This resolution shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. The above and foregoing Resolution was, on motion oily made anr4d�_secon•ed, adopted by the following vote on the /5 day of GJ C0 A.D. , 1987 g IWiG I F1 PWIT E WN DLS'IRIQ': ATTEST: By 8604'93 114 • LAW OFFICE of JOHN R DENT ASSOCIATE CAROLYN J.FITCR 616 Dern@rAvenue PARALEGAL ASSISTANTS P.vwkienue SHERRY O.WHITE Fort Lupton,CO 80621 MARILYN M.TORREZ (303)85?-4661 Metro Denver(303)659-2028 December 15 , 1987 Office of Board of Weld County Commissioners Attn: Gordon Lacy P.O. Box 758 Greeley , CO 80632 RE: FORT LUPTON FIRE PROTECTION DISTRICT/ 911 Telephone Service Dear Mr . Lacy: Please find enclosed the Resolution signed by Don McPherson, President of The Fort Lupton Fire Protection District and the Intergovernmental Agreement for the establishment of the Weld 911 Emergency Telephone Authority Board. Thank you. ' Sincerely , ��yy, Mari Tbrre1z MMT: br enc: 8804c!13 RESOLUTION IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN MI INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE DISTRICT. BE IT RESOLVED BY THE BOARD OF DIRECTORS: WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Directors finds that the ,4 diC,.. District is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW. THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system for that portion of the District located within Weld County. Section 2. There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of Directors may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3 . Telephone service suppliers providing telephone service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in 880403 accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. Section 4 . This resolution shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. The above and foregoing Resolution was, on motion duly made and sgconded, adopted by the following vote on the / day of COr�� , A.D. , 1987 RI/161M Chairman ATTEST: „W9-414-1-, 880403 RESOLUTION IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE- UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE DISTRICT. BE IT RESOLVED BY THE BOARD OF DIRECTORS: WHEREAS , in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Directors finds that the Johnstown Fire District is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system for that portion of the District located within Weld County. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes , Section 29-11-101 , et. sec. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an erercenc•_: telephone charge to Y eeI C tw cent! �:. tariff rates an amount not exceed 2 0 (two percent! of .e �c_Y- as approved by the Public Utilities Commission. Upon reco-nendat'-c n of the emergency telephone service authority, the Boar: of Directors may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2; (two percent) of the tariff as approved by the Public Utilities Commission. Section 3 . Telephone service suppliers providing telen one se, 4-_ce 4n the District are hereby authorized to collect the emercenc•: telephone charge imposed by this resolu$ 04 3 accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. . - Section 4 . This resolution shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. The above and foregoing Resolution was, on motio duly made and seconded, adopted by the following vote on the "� day of cbk.ir , A.D. , 1980 a. hairman Johnstown Fire District ATTEST: - E 880403 RESOLUTION IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE DISTRICT. BE IT RESOLVED BY THE BOARD OF DIRECTORS: WHEREAS,, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Directors finds that the 1.-R SR,-&,t FIRE District is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in- order to establish and maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW, THEREFORE, BE IT ORDAINED BY TEE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system for that portion of the District located within Weld County. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of Directors may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3 . Telephone service suppliers providing telephone service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in 8804C3 accordance with Colorado Revised Statutes, 29-11-101 et . seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. Section 4 . This resolution shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17 day of Adio„t,„'Ott , A.D. , 1987 �j� V • )CXrc c ATTES By , 8804C3 RESOLUTION IN THE MATTER OF i'2OSING AN E:'=RGENC_ =ELEPHONE. CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CEARGES; AND AUTHORIZING TEE CHAIRMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN TFE DISTRICT. BE IT RESOLVED BY TEE BOARD OF DIRECTORS; WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely ely provision of emergency service; and WHEREAS, the Board of Directors finds that theloncmont Fire Protecti• District is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and O maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NCW, THEREFORE, BE IT ORDAINED BY TEE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system for that portion of the • District located within Weld County. Section 2. There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et_ seq. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of Directors may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3 . Telephone service suppliers providing telephone service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in 8804'J3 accordance with Colorado Revised Statutes, 29-11-101 et. sea. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. Section 4 . This resolution shall not be effective until - the intergovernmental agreement creating the emergency telephone service authority and , concerning the implementation of an - emercency telephone service system is signed by representatives of all parties to the agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21 day of Decanter , A.A. , 1987 iraan -ATTEST: sy Ca �nISS/oV, eYc fn.,. w ,Prc3 8 - /, 70 OF s : 1 880493 .4 fi RESOLUTION • IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE DISTRICT. BE IT RESOLVED BY TEE BOARD OF DIRECTORS: WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely provision of emergency service; and fit; kese WHEREAS, the Board of Directors finds that they .st District is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system for that portion of the District located within Weld County. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq.. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of Directors may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3 . Telephone service suppliers providing telephone service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in 8804e3 r � MMOMIIPMFmmmk accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency .- . - Telephone Service Authority as provided in the intergovernmental agreement. Section 4. This resolution shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an . emergency telephone service system is signed by representatives of all parties to the agreement_ The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on,the /7 day of ma , A.D. , 1987 • heeiliftanas ATTEST: By - c c��1 8804 'a RESOLUTION IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE DISTRICT. BE IT RESOLVED BY THE BOARD OF DIRECTORS: WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Directors finds that theAr"b[rLith District is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an • emergency telephone service system for that portion of the District located within Weld County. Section 2 . There is hereby imposed, pursuant to Colorado • Revised Statutes, Section 29-11-101, et. seq. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of Directors may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3 . Telephone service suppliers providing telephone service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in 8804'`. 3 accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency .- . Telephone Service Authority as provided in the intergovernmental . agreement. Section 4 . This resolution shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. The above and foregoing Resolution was, on motion duly made and, _ seconded, adopted by the following vote on the y day of h/a--c44 , A.D. , 1987 ai an ATTEST: By P r zb • • 880t W3 IPS •. - RESOLUTION IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN. EMERGENCY TELEPHONE SERVICE SYSTEM IN THE DISTRICT. BE IT RESOLVED BY THE BOARD OF DIRECTORS: WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Directors finds that the Pawnee, Pit teeny District is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system for that portion of the District located within Weld County. Section 2 . - There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of Directors may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3 . Telephone service suppliers providing telephone service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in 8804ca' r. _ r . accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. Section 4 . This resolution shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the /0*' day of 7)nrP.rnher , A.D. , 1987 Chairman ATTEST: By kPbtn _ 9 '.J Di ) 8804'23 RESOLUTION IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE DISTRICT. BE IT RESOLVED BY THE BOARD OF DIRECTORS: WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely provision of emergency service; and ` C 1 J WHEREAS, the Board of Directors finds that the 44 VrA het ra4 r District is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system for that portion of the District located within Weld County. Section 2. There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of Directors may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3 . Telephone service suppliers providing telephone service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in 8804C3 • accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. Section 4 . This resolution shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. The above and foregoing Resolution was, on motion duly made and Lseconded, adopted by the following vote on the ft _ day of .NAVe ,nDe i.e. , A.D. , 1987 1,91cari S Chairman ATTEST: By 880403 RESOLUTION IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN TEE DISTRICT. BE IT RESOLVED BY TEE BOARD OF DIRECTORS: WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Directors finds that the Gp, e,,4b .Y -f'e-,f District is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system for that portion of the District located within Weld County. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101, et. seq. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of Directors may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3 . Telephone service suppliers providing telephone service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in 88c4"'3 accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. Section 4 . This resolution shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the dir day of 4EY)I t„,„A„.4 A.D. , 1987 /d `h e Y Qom✓ Chairman ATTEST: • 88x4!3 • RESOLUTION IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN AY INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE DISTRICT. BE IT RESOLVED BY THE BOARD OF DIRECTORS: WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely provision of emergency service; and I I�� WHEREAS, the Board of Directors finds that the 7Uu d,t IRe l;u 4j District is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and • maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system for that portion of the District located within Weld County. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of Directors may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. • Section 3 . Telephone service suppliers providing telephone service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in 880403 t • • accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. Section 4 . This resolution shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the Q _ day of , A.D. , 1987 hai an ATTEST: By ,..a . ____ • • 880133 RESOLUTION IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE DISTRICT. BE IT RESOLVED BY THE BOARD OF DIRECTORS: WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Directors finds that the tea) PCLy/�r Flex_ District is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system for that portion of the District located within Weld County. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of Directors may, by Resolution, raise or lower the • emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3 . Telephone service suppliers providing telephone service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in • 8804`"3 • accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. Section 4 . This resolution shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. The above and foregoing Resolution was, on motion my made and seconded, adopted bye following vote on the a77_ day of VIeZiAr , A.D. , 19 Chaff an /' ATTEST:,, By .a^�,,--6u C 8804e3 V RESOLUTION IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE DISTRICT. BE IT RESOLVED BY THE BOARD OF DIRECTORS: WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Directors finds that the. , (44pdGil,-e ProTcc7vfDistrict is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11--101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached 1 intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system for that portion of the District located within Weld County. Section 2. There is hereby imposed, pursuant to Colorado Revised Statutes , Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of Directors may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3 . Telephone service suppliers providing telephone service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in • • 880403 v - accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. Section 4 . This resolution shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives • of all parties to the agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the j le day of P C , A.D. , 1987 Chairman 41 � A ATTEST: By 8804 '3 RESOLUTION IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAILMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE DISTRICT. BE IT RESOLVED BY THE BOARD OF DIRECTORS: WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Directors finds that the-A.414.scv 0 District is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system for that portion of the District located within Weld County. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of Directors may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3 . Telephone service suppliers providing telephone service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in 8804O3 accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. Section 4 . This resolution shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 44 day of _, A.D. , 1987 airman ATTEc ` BY • • 880403 . -1 . . RESOLUTION IN THE MANNER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE DISTRICT. BE IT RESOLVED BY THE BOARD OF DIRECTORS: WHEREAS, the Board of Directors finds that the Western Hills Fire ' Protection District is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11- 101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW, THEREFORE, BE IT OBDAINED BY THE BOARD OF DIRECTORS. Section 1. The Chairman is authorized to sign the attached inter- governmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system for • that portion of the District located within the Weld County. Section 2. There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101, et. seq. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of Directors may, by Resolution, raise or lower the emergency charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3. Telephone service suppliers providing telephone service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. Section 4. This resolution shall not be effective until the inter- governmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is 4 signed by representatives of all parties to the agreement. rJ The above and foregoing Resolution was, on motion duly made and seconded, OD O adopted by the following vote on the 14th day of December, A.D. , 1987. CHAIRMAN ATTEST: 0 � By t�"' c//(tLl<L ",,`J Yr • C[6:: Q 880413 4MIF RESOLUTION IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE DISTRICT. BE IT RESOLVED BY THE BOARDOF DIRECTORS: WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely provision of emergency service; and . Q ..c WHEREAS, the Board of Directors finds that the 7,,,). j%.a tt 4D1'3/, District is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system for that portion of the District located within Weld County. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board o; Directors may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3 . Telephone service suppliers providing telephone service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in 8804e3 t accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. Section 4 . This resolution shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the j day of 77A-t) , A.D. , 1987 i_ �- ATTEST: p By�'�n141--e.K d� L�� u 8804' 3 CITY OF BRIGHTON V Will CQM 4R1Y„M .'.L.JS NOV 201987!' ! November 16, 1987 . � k'� GREELEY. COLO. Gordon Lacy, Chairman Weld County Board of County Commissioners P. O. Box 758 Greeley, Colorado 80632, Dear Mr. Lacy, We received your letter inviting the City of Brighton to participate in the Weld County E911 Program. Please be advised that Adams County is also in the developmental stages of E911 and has formed it's Emergency Telephone Service Authority Board. In that regard Brighton has joined this effort and is participating in its development . It is our understanding that all telephone service customers within. the corporate limits of a city will be served by the E911 system of the County chosen by the City. In this case all Brighton telephone service customers, regardless of what County they are in, will be served by one system. That system is - the Adams County E911 currently under development . The intergovernmental agreement was entered into about a year ago and the Emergency Telephone Service Authority Board created and activated in about May, 1987 . We expect to be fully operational, as a system, on or about January 1 , 1990. We appreciate your consideration of the city of Brighton to join the Weld County system and wish you luck on this worth- while project. Cordially, Patrick McDermott City Manager PM/lm 8804?3 22 South 4th A - Brighton, Colorado 8O6O1 - (303] 659-4080 ORDINANCE NO. 341-7 AN ORDINANCE IMPOSING AN EMERGENCY' TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE CITY OF DACONO; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGE; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING THE WELD 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE CITY OF DACONO. WHEREAS, in the interest of protecting and preserving the public safety and welfare, it is desirable that the citizens of the City of Dacono, Colorado, be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the City is authorized to impose a charge upon telephone subscribers within the City of Dacono, to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public t entities pursuant to §29-11-101 et seg. and §29-1-201 et seq. , C.R.S. , as amended, to establish and maintain an emergency telephone service system within the City of Dacono; and WHEREAS, such a system would be in the best interest of the City of Dacono; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DACONO, COLORADO: Section 1 . The Mayor is authorized to sign the attached intergovernmental agreement creating the Weld 911 Emergency Telephone Service Authority Board to establish and maintain an emergency telephone service system within the County of Weld, including the City of Dacono. Section 2. There is hereby imposed, pursuant to §29-11-101 et seq. , C.R.S. , as amended, upon all telephone exchange access facilities within the City of Dacono, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Colorado Public Utilities Commission, or $.50 (fifty cents) , whichever is less. Upon recommendation of the Weld 911 Emergency Telephone Service Authority Board, the City Council may, by ordinance, raise or lower the emergency 880403 a w telephone charge, but in no event shall such charge exceed the amount of 2% (two percent) of said tariff rates as approved by the Colorado Public Utilities Commission. Section 3. Telephone service suppliers providing telephone service in the City of Dacono are hereby authorized to collect the emergency telephone charge imposed by this ordinance in accordance with 529-11-101 et seq. , C.R.S. , as amended, and to provide those funds to the W id gll Emergency Telephone Service Authority Board as provided in the attached intergovernmental agreement. Section 4. This ordinance shall be effective upon signature of the attached intergovernmental agreement by the authorized representative of each party to the agreement. INTRODUCED, READ, AND ORDERED PUBLISHED IN FULL this 11th day of January _, 1988. CITY OF DACONO, COLORADO By: yor ATTEST: City erk (I READ, ADOPTED, APPROVED, SIGNED, AND ORDERED PUBLISHED BY TITLE this 8th day of February , 1987. CITY OF DACONO, COLORADO �ad ATTEST: / J jeXt ne-C6 1104t y Cl 24/5 880403 • CITY OF EVANS , COLORADO ORDINANCE NO. 691-87 AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITH THE CITY OF EVANS ; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE CITY OF EVANS WHEREAS, in the interest of protecting and preserving public safety and welfare , it is desirable that the citizens of the City of Evans , Colorado, be provided with emergency telephone service to aid the timely provision of emergency service ; and WHEREAS, the City Council of the City of Evans , Colorado, finds that the City is lawfully authorized to impose a charge upon telephone subscribers within the City of Evans and to authorize telephone suppliers to collect said charge , and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statutes Sections 29-11-101 et . seq . , as amended, in order to establish and maintain the emergency telephone service system within the City of Evans ; and WHEREAS, such a system would be in the best interest of the City of Evans . NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANS, COLORADO. Section 1. Intergovernmental Agreement. The Mayor is authorized to sign the attached Intergovernmental Agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service in the County of Weld , Colorado to include this City. Section 2. The Evans Municipal Code shall be amended by the addition of a new chapter to Title 5 to read as follows : Chapter 5.30 Emergency Telephone Service Sections: 5. 30.010 Emergency Telephone Charges 5. 30.020 Collection of Charges 88C4 '3 5. 30.010 Emergency Telephone Charges . There is hereby imposed , pursuant to Colorado Revised Statutes , Section 29-11- 101, et . seq. as amended , upon all telephone exchange access facilities within the City of Evans an emergency telephone charge in an amount not to exceed two percent (2%) of the tariff rates as approved by the Public Utilities Commission or fifty cents ($ . 50) whichever is less . Upon recommendation of the Weld Emergency Telephone Service Authority, the City Council may, by Resolution , raise or lower the emergency telephone charge , but in no event , shall such charge exceed the amount of two percent (2€) of the tariff as approved by the Public Utilities Commission . 5. 30.020 Collection of Charges . Telephone service sup- pliers providing telephone service in the City of Evans are hereby authorized to collect the emergency telephone charge imposed by this ordinance in accordance with Colorado Revised Statutes , 29-11-101, et . seq. , as amended, and to provide those funds to the Weld Emergency Telephone Service Authority as pro- vided in the Intergovernmental Agreement that establishes such Authority . Section 3 . Effective Date . This ordinance shall not be effective until the Intergovernmental Agreement creating the emergency telephone service authority and concerning the imple- mentation of an emergency telephone service system is signed by representatives of all parties to the agreement . PASSED AND APPROVED ON FIRST READING this 17th _ day of November , 1987. CITY O"F�E'VANS, COLORADO AT EST: : Bt J;(111-Chla or p;..... / . ro T '77�� City Clerk PASSED, APPROVED AND ADOPTED ON SECOND READING this 1st day of December , 1987. CITY OF EVANS, COLORADO By: /ill. ti� �r ATTEST: -jP4M� Ff " i / 1.1 Olt", -Ai PtitadC-Q-- City Clefk 8864r3 Fr her ORDINANCE NO. 560 INTRODUCED BY EDWARD ENGLE AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE AC- CESS FACILITIES WITHIN THE CITY OF FORT LUPTON, COLORADO, AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SER- VICE SYSTEM IN THE CITY OF FORT LUPTON. WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the City of Fort Lupton, Colorado, be provided with emergency telephone service to aid the timely provi- sion of emergency service; and WHEREAS, the City Council of the City of Fort Lupton, Colorado finds that the City is lawfully authorized to impose a charge upon telephone subscribers with the City of Fort Lupton and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the gov- erning bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et, seq., as amended, in order to establish and maintain the emergency telephone service system within the City of Fort Lupton; and WHEREAS, such a system would be in the best interest of the City of Fort Lupton, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT LUPTON, COLORADO, Section 1. The Mayor is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system in the County of Weld, Colorado to include the portions of this City lying within the County of Weld, Colorado,. 8804C3 Section 2. There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29--11-101, et. seq., as amended, upon all telephone exchange access facilities within that portion of the City of Fort Lupton, located with- in Weld County, an emergency telephone charge in an amount not to exceed 2Z (two percent) of the tariff rates as approved by the Public Utilities Commis- sign or $.50 (fifty cents) whichever is less. Upon recommendation of the Weld Emergency Telephone Service Authority, the City Council may, by Resolution, raise or lower the emergency telephone charger but in no event, shall such charge exceed the amount of 2Z (two percent.) of the tariff as approved by the Public Utilities Commission. Section 3. Telephone service suppliers providing telephone service in the City of Fort Lupton are hereby authorized to collect the emergency tele- phone charge imposed by this ordinance in accordance with Colorado Revised Statutes, 29-11-101 et. esq., as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the Intergovernmental Agreement. Section 4. This ordinance shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement- 8601\23 __ a INTRODUCED, READ AND ORDERED PUBLISHED THIS 2ST day of DECEMBER A.D., 1987_ _--"Eze-4), _. Pfayor ATTEST: Ak Published in the Fort Lupton Press December 2, 1987 Approved as to form: Leonard McCain City Attorney 601 4th Street Fort Lupton, Colorado 8804'3 ORDINANCE FIRST PUBLISHED IN THE FORT LUPTON PRESS ON DECEMBER 2, 1987. ORDINANCE ADOPTED AND ORDERED PUBLISHED BY TITLE ONLY THIS 23RD DAY OF DECEMBERr 1987 CITY OF FORT LUPTON, COLORADO dsjellA) MAYOR j Tr :.. .ta-. _. ___-„,_._4_ . ' CITY CLERK Published in the Fort Lupton Press Final Publication December 30, 1987 Approved as to farm: Leonard H. McCain City Attorney 601 4th Street Fort Lupton, Colorado 886403 '^y &Eeei7 Th CITY OF GREELEY . COLORADO ORDINANCE NO. 17 , 1987 AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE CITY OF GREELEY; IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE CITY OF GREELEY; AND AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES. Section 1 . The City Council of the City of Greeley , Colorado, finds: A. That Greeley City Charter , Section 3-7 , permits the City Council, by ordinance, to enter into contracts and cooperative or joint activities with other governmental bodies. B. That in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the City of Greeley, Colorado, be provided with enhanced 911 telephone system service, commonly known as E911 , since it would greatly improve the ability of the police and fire departments provide timely emergency services. C. That the City Council of the City of Greeley is lawfully authorized to impose a charge upon telephone subscribers within the City of Greeley and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Section 29-11-101 et. seq. 1973, as amended, in order to establish and maintain the emergency telephone service system within the City of Greeley. E. That before E911 telephone service can be implemented in Weld County every city, town, special district or 1 88C423 /66 k . . agency must concur with the concept of forming the Authority Board and invoking the use of Colorado Revised Statute Section 29-11-101 et. seq. 1973, as amended for funding the system by signing an Intergovernmental Agreement and authorizing the Emergency Number Service fee to be collected on behalf of their jurisdiction. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GREELEY , COLORADO, THAT: Section 2 . The Mayor of the City of Greeley is hereby authorized to sign an intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system in the County of - Weld, Colorado. Section 3. There is hereby imposed, pursuant to Colorado Revised Statutes , Section 29-11-101 , et. seq. 1973, as amended, upon all telephone exchange access facilities within the City of Greeley an emergency telephone charge in an amount not to exceed two percent of the tariff rate as approved by the Public Utilities Commission or fifty cents per line, whichever is less. Upon recommendation of the emergency telephone service authority, the City Council may, by resolution, raise or lower the emergency telephone charge but in no event shall such charge exceed the amount of two percent of the tariff as approved by the Public Utilities Commission or fifty cents per line, whichever is less . Section 4. Telephone service suppliers providing telephone service in the City of Greeley are hereby authorized 2 8804'93 167 to collect the emergency telephone charge imposed by this ordinance in accdrdance with Colorado Revised Statutes, 29-11-1O1 et. seq . . 1973 , as amended. Section 5. This ordinance shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement . PASSED AND ADOPTED, SIGNED AND APPROVED THIS 7th DAY OF April , 1987 . ATTEST: THE CITY OF GREELEY, COLORADO • t eft Sy City &//- Mayor 3 850403 Cs 4 . COUNCIL BILL NO. ORDINANCE NO. LSO4 AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE TOWN OF ; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; ANbcAUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGPEEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE TOWN OF WHEREAS , in the interest of protecting and preserving public safety, and welfare, it is desirable that the citizens of the Town of , Colorado, be provided with emergency telephone sery ce to aid the timely provision of emergency service; and WHEREAS, the Board of Trustees of the Town of Colorado, finds that - the Town is lawfully ant p arized to impose a charge upon telephone subscribers with the Town of re and to authorize telephone service suppliers to co lect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the e er ency telephone service system within the Town of and WHEREAS, a system would be in the best interest of the Town of NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF .cc.e.t , COLORADO. Section 1 . The Mayor is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system in the County of Weld, Colorado to include the portions of this Town lying within the County of Weld, Colorado. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the Town of located within Weld County, an emergency telep one charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission or $ . 50 ( fifty cents) whichever is less. Upon recommendation of the Weld Emergency Telephone Service Authority, the Town Board may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. • 880403 ""w • • Section 3 . Telephone service suppliers providing telephone service in the Town of �j are hereby authorized to collect the emergency tele hone charge imposed by this ordinance in accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the Intergovernmental Agreement. Section 4 . This ordinance shall. not. be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. �INTROUI7CED, READ AND ORDERED PUBLISHED this /7?h' day of t-ec i , A.D. , 1987. Mayor ATTEST: Town Clerk te- 041( PASSED, ADOPTED AND APPROVED this /// day of • `� �. i , A.D. , 1987 . ) �. Mayor ��r � ATTE T: Town Clerk CCCCJJJJ APPROVED AS TO FORM: Town Attorney • 8804C3 • RESOLUTION414Plik WHEREAS, the Board of Trustees, Town of Ault, have deter- mined that it is in the best interest of the citizens of the Town to notify the Interstate Commerce Commission of the Town's concerns, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF AULT, COLORADO, THAT: The Mayor of the Town of Ault submit the attached verified statement on behalf of the Town of Ault. PASSED, ADOPTED, AND APPROVED this /7 day of November, 1987. g aro kora As. Mayor ATTEST: £ Cerk / J 880403 ! 1 TOWN OF EATON, COLORADO ORDINANCE NO. 399 AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITH THE TOWN OF EATON; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE TOWN OF EATON WHEREAS, in the interest of protecting and preserving public safety and welfare , it is desirable that the citizens of the Town of Eaton, Colorado, be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Trustees of the Town of Eaton, Colorado, finds that the Town is lawfully authorized to impose a charge upon telephone subscribers within the Town of Eaton and to authorize telephone suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statutes Sections 29-11-1O1 et . seq. , as amended, in order to establish and maintain the emergency telephone service system within the Town of Eaton; and WHEREAS, such a system would be in the best interest of the Town of Eaton. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF EATON, COLORADO. Section 1. Intergovernmental Agreement. The Mayor is authorized to sign the attached Intergovernmental Agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service in the County of Weld, Colorado to include this Town. Section 2. The Eaton Municipal Code shall be amended by the addition of a new Section to Chapter XVI to read as follows : Chapter XVI SECTION III. EMERGENCY TELEPHONE SERVICE 16-3-1 Emergency Telephone Charges 16-3-2 Collection of Charges 8804 `3. w 16-3-1 Emergency Telephone Charges. There is hereby imposed, pursuant to Colorado Revised Statutes , Section 29-11- 1O1, et. seq. as amended, upon all telephone exchange access facilities within the Town of Eaton an emergency telephone charge in an amount not to exceed two percent (2%) of the tariff rates as approved by the Public Utilities Commission or fifty cents ($.5O) whichever is less . Upon recommendation of the Weld Emergency Telephone Service Authority, the Board of Trustees may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of two percent (2%) of the tariff as approved by the Public Utilities Commission. 16-3-2. Collection of Charges . Telephone service suppliers providing telephone service in the Town of Eaton are hereby authorized to collect the emergency telephone charge imposed by this ordinance in accordance with Colorado Revised Statutes, 29- 11.1O1, et . seq. , as amended , and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the Intergovernmental Agreement that establishes such Authority. section 3. Effective Date. This ordinance shall not be effective until the Intergovernmental Agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement . TOWN OF EATON,� COLORADO By: C.n ATT ST: H. P. Christensen, Mayor Marie A. Baum, Town Clerk 880403 • INTERGOVERNMENTAL AGREEMENT CONCERNING THE IMPLEMENTATION - OF AN "E911" "EMERGENCY TELEPHONE SERVICE" THIS AGREEMENT is between the following parties: COUNTY OF BOULDER, a body politic and corporate; the CITY OF BOULDER, a municipal corporation; the CITY OF LAFAYETTE, a municipal corporation; the CITY OF LONGMONT, a municipal corporation; the CITY OF LOUISVILLE, a municipal corporation; the TOWN OF ERIE, a municipal corporation; the TOWN OF JAMESTOWN, a municipal corporation; the TOWN OF LYONS, a municipal corporation; the TOWN OF NEDERLAND, a municipal corpora- tion; the TOWN OF SUPERIOR, a municipal corporation; the REGENTS OF THE UNIVERSITY OF COLORADO, a Body Corporate; ALLENSPARK FIRE PROTECTION DISTRICT, a quasi-municipal corporation; BERTHOUD FIRE PROTECTION DISTRICT; BIG ELK MEADOWS VOLUNTEER FIRE DEPARTMENT; BOULDER HEIGHTS FIRE PROTECTION DISTRICT; BOULDER RURAL VOLUNTEER FIRE DEPARTMENT; CHERRYVALE FIRE PROTECTION DISTRICT; COAL CREEK FIRE PROTECTION DISTRICT; ELDORADO SPRINGS/MARSHALL FIRE PROTECTION DISTRICT; FOUR MILE FIRE PROTECTION DISTRICT; GOLD HILL FIRE PROTECTION DISTRICT; HIGH COUNTRY FIRE PROTECTION DISTRICT; HYGIENE FIRE PROTECTION DISTRICT; INDIAN PEAKS FIRE PROTECTION DISTRICT; JAMESTOWN VOLUNTEER FIRE DEPARTMENT; LEFTHAND FIRE PROTECTION DISTRICT; LONGMONT RURAL FIRE PROTECTION DISTRICT; LOUISVILLE FIRE PROTECTION DISTRICT; LYONS FIRE PROTECTION DISTRICT; NEDERLAND VOLUNTEER FIRE DEPARTMENT; PINEBROOK HILLS FIRE PROTECTION DISTRICT; PINEWOOD SPRINGS FIRE PROTECTION DISTRICT; SUGARLOAF FIRE PROTECTION DISTRICT; SUNSHINE FIRE PROTECTION DISTRICT; and WEST ADAMS COUNTY FIRE PROTECTION DISTRICT, WITNESSETH: WHEREAS, pursuant to Article II of Title 29, C.R.S.,, as amended, the above- listed parties are delegated the power to enter into intergovernmental agreements for the purpose of providing emergency telephone services; and WHEREAS, it would serve the public welfare and be in the best interest of all the above-referenced parties to participate in the organization, administration, and common use of a central emergency telephone service authority; and WHEREAS, the parties desire to enter into this Intergovernmental Agreement for the following purposes: (I) to establish an Emergency Telephone Service Authority 88040.3 which shall be responsible for establishing and administering the emergency telephone service program; and (2) to define the manner in which each of the parties will participate in the Authority; NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties agree as follows: I. DEFINITIONS The definitions for the terms "emergency telephone charge," "emergency tele- phone service," "exchange access facilities," "service supplier," "service user," and "tariff rates," as used in this Intergovernmental Agreement, shall be the same as the definitions provided for those terms in Section 29-11-101, C.R.S., as amended. The County of Boulder, the City of Boulder, the City of Lafayette, the City of Longmont, the City of Louisville, the Town of Erie, the Town of Jamestown, the Town of Lyons, the Town of Nederland, and the Town of Superior shall be deemed the "taxing parties." IL GENERAL PROVISIONS A. Pursuant to Section 29-11-102(1)(b), C.R.S., the parties hereby establish the "Boulder Regional Emergency Telephone Service Authority" (the "Authority") which shall have the following purposes, duties, and authority: 1. To determine the emergency telephone service, the service supplier, the equipment, and the equipment suppliers which best serve the needs of the public in the parties'jurisdictions. 2. To contract for advice from such consultants as deemed necessary concerning the configuation of the system and appropriate equipment. 3. To contract for, acquire, and pay for such equipment, its installation and maintenance, and the monthly recurring charges billed by the service supplier for the emergency telephone service, including any charges by such supplier for reconfiguring its system to accomodate the level of emergency service chosen by the Board. 2 8804(23 4. To determine the uniform rate of emergency telephone charge to be imposed on each service user which is reasonably required to pay these costs, and to notify each service supplier of such rate annually. • B. This agreement shall be interpreted consistently with S 29-11-101, et C.R.S. III. EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD The governing board of the Authority (the "Board', shall consist of the following five members: (1) The Boulder County Sheriff; (2) A designee of the City Council of the City of Boulder; (3) A designee of the City Council of the City of Longmont; (4) A designee of the Boulder County Firefighter's Association; and (5) One member selected by the cities and towns, excluding the cities of Boulder and Longmont, which member shall serve a term of one year on the Board on a rotating basis with other cities and towns. The rotation will be in the following order: Town of Erie, Town of Jamestown, City of Lafayette, City of Louisville, Town of Lyons, Town of Nederland, and the Town of Superior. Should a city or town choose not to take its turn in rotation, the next in order shall serve. The member may serve a consecutive term upon approval of the majority vote of eligible cities and towns. IV. RULES AND REGULATIONS The Board may pass such bylaws as are reasonably necessary for the conduct of its affairs in the exercise of its powers. Three members shall constitute a quorum of the Board, and the Board may not act except upon positive vote of three members. 3 880423 V. BUDGET AND OPERATING COSTS A. On or before July I of each year, the Board shall present to each of the taxing parties its proposed expenditures for the next fiscal year for emergency telephone service equipment costs, installation costs, and directly related costs of the continued operation of the emergency telephone service, and the proposed charge per exchange access facility and the amount of revenue it is anticipated this charge will raise, together with actual and projected expenses and revenues for the current year, actual figures for the previous year, and actual and projected fund balances (altogether deemed "the budget"). This budget shall be presented to the nontaxing parties for their information. If any taxing party is dissatisfied with the budget, it may, no later than August 1 of such year, by resolution, direct the Board to hold a public meeting to consider specific modifications. Such meeting shall be held no later than August 20 of such year, and notice thereof shall be published in a newspaper of general circulation in Boulder County no less than seven days in advance of such public meeting. After such meeting, the Board shall again approve a budget no later than September 1 of such year and shall forward it to the parties for their information. The Authority shall notify the service supplier of the rate of emergency telephone charge no later than October 1 of such year. B. The fiscal year shall be the calendar year. C. The Authority shall have no employees. D. Any administrative costs of the Board and the Authority for any purpose not specified in section II above shall be provided by or through the Boulder County Regional Communication Center, if approved by the Boulder County Sheriff and the City of Boulder Chief of Police, and funded by the parties or some combination thereof as they may from time to time agree. - . • VL CHARGES ON TELEPHONE SERVICE USERS The taxing parties agree that they will each pass an ordinance (or a resolution in the case of Boulder County) imposing a charge pursuant to 5 29-11-102, C.R.S., on each 4 8804C3 f • service user within its jurisdiction of two percent of the tariff rate or $0.50,-whichever is less, and delegating to the Board the authority to set such Inca-r rates as the Board subsequently may from time to time determine. VIL FUNDS AND OPERATIONS A. The Boulder County Treasurer (the "Treasurer") is appointed and agrees to serve ex-officio as Treasurer of the Authority. The Board, in consultation with the Treasurer, shall establish a policy for the expenditure, depositing, and investment of Authority funds pursuant to Article 11 of Title 29, C.R.S., as amended, which policy shall authorize the Treasurer to receive the emergency telephone charge proceeds from the service supplier, to make deposits of such funds in the cash fund of the Authority (the "Fund"), and to make investments of such funds on behalf of the Authority in any of the Boulder County-approved depositories or on such other terms as the Treasurer and the Board may mutually determine. This policy also shall provide that all moneys remaining in the Fund at the end of each fiscal year shall remain therein for payment during any succeeding year. The Treasurer shall provide such reports on the remittances, expenditures, fund balance, interest earned, and other related matters as the Authority or any party reasonably may request from time to time. The Treasurer shall not charge any party any fee for these services in this connection; however, nothing herein shall prevent the Treasurer from employing such additional employees as the Treasurer may require to perform the functions of this paragraph, and requesting that such employees be funded through the provisions of Paragraph V.D., above, or through any other proper means which the Treasurer and the Board may mutually determine. B. No disbursement shall be made from the funds of the Authority except by check and unless a verified claim for services or commodities actually rendered or delivered has been first submitted and approved for payment by the Board. C. The Authority shall not borrow money, nor shall it approve any claims or incur any obligations for expenditures unless there is sufficient unencumbered cash in the appropriate fund credited to the Authority which is available and used to pay the same.. 5 88041C3 VIII. RECORDS AND REPORTS The Authority shall maintain adequate and correct accounts of its properties and business transactions, which accounts shall be public records. The Authority shall also render to the parties hereto, at reasonable intervals, such additional reports and accountings as the parties hereto may from time to time request. IX. TERM OF AGREEMENT A. This Agreement shall be in full force and effect beginning upon the execution of this Agreement by all the taxing parties and the passage of the'requisite ordinances or resolutions by all the taxing parties and shall remain in effect unless terminated by a majority of the taxing parties hereto. B. Any nontaxing party may terminate its participation in this Agreement by providing six calendar months advance written notice of intent to terminate to the Authority. C. Any taxing party may terminate its participation in this Agreement only by providing written notice of intent to terminate to the Authority no later than June 1. Such termination shall be effective at the end of the fiscal year in which such notice is given. D. Any party terminating its participation in this Agreement shall not be entitled to any of the equipment purchased hereunder, nor to any of the monies in the fund. The Board shall notify the applicable service provider no later than October 1 of the year in which notice of termination is given that the charge attributable to a withdrawing taxing party shall be terminated at the end of the current year. E. This Agreement may be terminated by mutual agreement of a majority of the taxing parties hereto. Upon dissolution, the powers granted to the Authority under this Agreement shall continue to the extent necessary to enable the Authority_to make an effective disposition of the property, equipment, and monies acquired or held pursuant B 650403 to this Agreement. Any balance in the Fund shall be transferred to the general funds of the taxing parties In proportion to the money collected for telephone service from each jurisdiction. X. UNPAID CHARGES Upon receipt of information from the service provider or the Authority, each of the taxing parties shall, within the scope of its available resources, undertake reasonable steps to collect any and all unpaid charges following its normal procedures for the collection of unpaid fees to it. All charges so collected shall be remitted by the collecting party to the Treasurer for deposit in the Fund. XL AMENDMENT This Agreement may be amended by the parties, provided that any amendment shall be in writing and executed by all parties hereto. XIL SEVERABILITY CLAUSE If any provision of this Agreement or the application hereof to any party or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provision or application; and to this end the provisions of the Agreement are declared to be severable. XIII. EXECUTION OF COUNTERPART COPIES This Agreement may be executed in counterpart copies by each of the parties; and provided all parties hereto execute a copy, this Agreement shall be in full force and effect between them just as if they had all signed the same copy or the original of the Agreement. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto. ? .. 860423 COUNTY OF BOULDER, TOWN OF JAMESTOWN STATE OF COLORADO By By Chairman, Board of County Commissioners Date Date CITY OF BOULDER CITY OF LAFAYETTE By By Date Date CITY OF LONGMONT CITY OF LOUISVILLE By By Date _ Date TOWN OF ERIE TOWN OF LYONS ByL r _ By Date 2'# "s7 Date TOWN OF NEDERLAND TOWN OF SUPERIOR By By Date - Date BOULDER HEIGHTS FIRE PROTECTION BOULDER RURAL VOLUNTEER DISTRICT FIRE DEPARTMENT By By Date Date 8 8804e3 THE REGENTS OF THE CHERRYVALE FIRE PROTECTION UNIVERSITY OF COLORADO DISTRICT BY _ By Date Date ALLENSPARK FIRE PROTECTION COAL CREEK FIRE PROTECTION DISTRICT DISTRICT By By Date Date BERTHOUD FIRE PROTECTION ELDORADO SPRINGS/MARSHALL '!RE DISTRICT PROTECTION DISTRICT By By Date Date BIG ELK MEADOWS VOLUNTEER FIRE FOUR MILE FIRE PROTECTION DEPARTMENT DISTRICT By By Date Date LONGMONT RURAL FIRE PROTECTION GOLD HILL FIRE PROTECTION DISTRICT DISTRICT BY By Date Date LOUISVILLE FIRE PROTECTION HIGH COUNTY FIRE PROTECTION DISTRICT DISTRICT BY By Date Date 9 p +� 88U4!D3 LYONS FIRE PROTECTION DISTRICT HYGIENE FIRE PROTECTION DISTRICT By BY Date Date NEDERLAND VOLUNTEER FIRE INDIAN PEAKS FIRE PROTECTION DEPARTMENT DISTRICT By B Y Date Date PINEBROOK HILLS FIRE PROTECTION JAMESTOWN VOLUNTEER FIRE DISTRICT DEPARTMENT By By Date PINE,...)0D SPRINGS FIRE PROTECTION SUGARLOAF FIRE PROTECTION DISTR m CT DISTRICT By Date Date LEFTHAND FIRE PROTECTION SUNSHINE FIRE PROTECTION • DISTRICT DISTRICT By Y Date Date WEST ADAMS COUNTY FIRE PROTECTION DISTRICT By Date PO SS DQB • 10 8804^3 4 p• ORDINANCE NO. /7/ AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE TOWN OF FIRESTONE: AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES: AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE TOWN OF FIRESTONE. WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the Town of Firestone, Colorado, be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Trustees of the Town of Firestone, Colorado, finds that the Town is lawfully authorized to impose a charge upon telephone sub- scribers with the Town of Firestone and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emer- gency telephone service system within the Town of Firestone; and WHEREAS, such a system would be in the best interest of the Town of Firestone. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO. Section 1 . The Mayor is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system in the County of Weld, Colorado to inlcude the portions of this Town lying within the County of Weld, Colorado. Section 2. There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et seq. , as amended, upon all telephone exchange access facilities within that portion of the Town of Firestone, located within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission or $.50 (fifty cents) whichever is less. Upon Authority, the Town Board may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3. Telephone service suppliers providing telephone service in the Town of Firestone are hereby authorized to collect the emergency telephone charge imposed by this ordinance in accordance with.Colorado Revised Statutes, 29-11-101 et seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the Intergovernmental Agreement. 8504(23 • t Section 4. This ordinance shall not be effective until the intergovern- mental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. INTRODUCED, READ AND ORDERED PUBLISHED this // day of A.D. , 1988. / o, ATTEST: own Clerk 8804 '3 �2ec�ycr c% i 4USNLib BILL ma- ORDINANCE NO . au.. AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE TOWN OF T cekerlck ; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES ; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM. IN THE TOWN OF . WHEREAS, in the interest of protecting and preserving public safety and welfare , it is desirable that the citizens of the Town of Fredrr c k , Colorado, be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS,1 the Board of Trustees of the Town of c7c Cgt.6c \<, , Colorado, finds that the Town is lawfully authorized to impose a charge upon telephone subscribers with the Town of �rtaer. c \{ and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the Town of \Fccekec \ c'. ; and WHEREAS, such a system would be in the best interest of the Town of 7---r'6a c`c i c k . NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF SFcc t„,-; c. . , COLORADO. Section 1 . The Mayor is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system in the County of Weld, Colorado to include the portions of this Town lying within the County of Weld, Colorado. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes , Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the Town of F c-t e ' c am , located within Weld County, an emergency telephone charge in an amount not to exceed 2% (twei' - percent) of the tariff rates as approved by the Public Utilities Commission or $ .50 (fifty cents) whichever is less. Upon recommendation of the Weld Emergency Telephone Service Authority, the Town Board may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission._ -- - 880433 Section 3 . Telephone service suppliers providing telephone service in the Town of ,rekec\t are hereby authorized to collect the emergency telephone charge imposed by this ordinance in accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the Intergovernmental Agreement. Section 4 . This ordinance shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. I dc INTRODUCED, READ AND ORDERED PUBLISHED this kr day of _js \ \ , A . D. , 1982 . Mayor ATTEST: rk PASSED, ADOPTED AND APPROVED th- ,gam day of Et( s , A.D. , 198H . ATTEST. C erc APPROVED AS TO FORM: Town Attorney 880123 4 4 ORDINANCE NO. 'g 'j I _ AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE. EXCHANGE ACCESS FACILITIES WITHIN THE TOWN OF Yorde ; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY ..ELPHCNE CHARGES; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE TOWN OF 67t7r4,:ir, rY'/ • WHEREAS , in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the Town of 6-io n,, rt;y , Colorado, be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Trustees of the Town of Colorado, finds that the Town is lawfully authorized o impose a charge upon telephone subscribers with trrY',r(71'� / ��J and to authorize telephone service the Town o� suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. sec. , as amended, in order to establish and maintain the emergency telephone se:vice system within the Town of ; and WHEREAS,� such a system would be in the best interest of the Town of ( '/?rrr} ,ArYky . NOW, THEREFORE , BE IT ORDAINED BY THE :E;OARD OF TRUSTEES OF THE TOWN OF (y- rAo,n (.1`tc - , COLORADO. Section 1 . The Mayor is authorized t.o sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service .system in the County of Weld, Colorado to include the portion's of this Town lying within the County of Weld, Colorado. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. sea. , as amended, upon • all telephone exchange access facilities within that portion of the Town of (:).ardint C,rty , located with_:`. Weld County, an emergency telephone charge in an amount net to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission or $ .50 (fifty cents) whichever is less. Upon recommendation of the Weld Emergency Telephone Service Authority, the Town Board may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. 880403 • Section 3 . Telephone service . suppliers providing telephone service in the Town of (.2),;(140.(n (,tv are hereby authorized to collect the emergency telephone chatge imposed by this ordinance in accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds tc the Weld Emergency Telephone Service Authority as provided in the Intergovernmental Agreement. Section 4 . This ordinance shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. SECTION 5. THIS ORDINANCE WILL TAKE EFFECT 30 JAYS FROM THE DATE IT IS PUBLISHED. PASSED, ADOPTED AND APPROVED this ✓ day of fl%Qve.Yn\te-tc- , A.D. , 1987 . - Mayor ATTEST: /'o Clerk e APPROVED AS TO FORM: Town Att6 n41i � 880403 /�'1'•'yJ �yy/7J/Q,'y /L Vin:ea;A. Lof:es.Mayor Town!V O �L1L N en City :Cen Tharp,Town A.�To n Cllr g ( Leanne l:Town .Town Clerk 2505 6th Ave.. P.O. Box 1214, Greeley.GO 30,532 -- :303; 351-0042 CERTIFICATION STATE OF COLORADO ) COUNTY OF WELD ) SS TOWN OF GARDEN CITY ) I, Luanne L. Hbrmels, Town Clerk of the Town of Garden City, Colorado do hereby certify that the attached is a true and correct copy of the COrdtrlQnC& :5- 142. I ,Eme incy • as the same re=mains on file and record in the office of the Town Clerk. WITNESS my hand and seal of said Town of Garden City, Colorado this a� day of_ Lici E t C1C2 . Town Clerk Town of Garden Ci y, Colorado , ti n J ` �t•--- / c et �$. `'`�3%.��....''.--=�"-'- - ""YEN ,�` r' ! .. \ = 880443 a ° r V COUNCIL BILL NO. ORDINANCE NO.NO., AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE TOWN OF GILCREST ; AUTHORIZING SERVICE SUP LIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE TOWN OF (;TICRFST WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the Town of Gll REST , Colorado, be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Trustees of the Town of GILCREST , Colorado, finds that the Town is lawfully authorized to impose a charge upon telephone subscribers with the Town of GIIC.RFST and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the Town of GII CRFST ; and WHEREAS, such a system would be in the best interest of the Town of Gil CRFST NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF GILCREST , COLORADO. Section 1. The Mayor is authorized to Sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system in the County of Weld, Colorado to include the portions of this Town lying within the County of Weld, Colorado. Section 2. There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the Town of GIVBEST , located within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission or $ .50 (fifty cents) wh4chever is less. Upon recommendation of the Weld Emergency Telephone Service Authority, the Town Board may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. • 880403 Section 3 . Telephone service suppliers providing telephone service in the Town of GILCREST are hereby authorized to collect the emergency telephone charge imposed by this ordinance in accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the Intergovernmental Agreement. Section 4 . This ordinance shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. INTRODUCED, READ AND ORDERED PUBLISHED this 25th day of APRI' r A.D. , 1988'. Mayor ATTEST: Town Clerk PASSED, ADOPTED AND APPROVED this 25th day of APRIL , A.D. , 19s:$. ay r APT C ., Town n> APPROVED AS TO FORM: , Town Attorney .• , 880403 COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE TOWN OF ; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE TOWN OF WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the Town of C route , Colorado, be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Trustees of the Town of CwrbJe..ar , Colorado, finds that the Town is lawfully authorized to impose a charge upon telephone subscribers with the Town of CAr04-eX and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the Town of 6re.,)✓-e r ; and WHEREAS, such a system would be in the best interest of the Town of _&1fb J tC NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF (irp,(4S , COLORADO. Section 1 . The Mayor is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service .system in the County of Weld, Colorado to include the portions of this Town lying within the County of Weld, Colorado. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the Town of 4-1it itr , located within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission or $ .50 (fifty cents) whichever is less. Upon recommendation of the Weld Emergency Telephone Service Authority, the Town Board may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. • 8804r3 1 Section 3 . Telephone service suppliers providing telephone service in the Town of Gwrzier are hereby authorized to collect the emergency telephone charge imposed by this ordinance in accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the Intergovernmental Agreement. Section 4 . This ordinance shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. INTRODUCED, READ AND ORDERED PUBLISHED this 1 day of flRu4ay , A.D. , 1986. afri/ linuemilaint, Mayy ATTEST:/ ll// Town Clerk - PASSED, ADOPTED AND APPROVED this / '' day of Pebcua-1tki " , A.D. , 1987 . Mayor ATTEST: C\./ chC-(Yl j Town Clerk APPROVED AS TO FORM: Town Attorney P $804""3 1 COUNCIL BILL NO. ORDINANCE NO. FT5-1-11Z AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES ' WITHIN THE TOWN OF HUDSON ; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE TOWN OF HUfLS0N WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the Town of HT4spn , Colorado, be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Trustee:. of the Town of Hudson , Colorado, finds that the Town is lawfully authorized to impose a charge upon telephone subscribers with the Town of Hudson and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 2.9-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the mown of. Hudson ; and WHEREAS, such a system would be in the best interest of the Town of Rudsnn NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF HUDSON , COLORADO. Section 1. The Mayor is authorized to sign the attached intergovernmental agreement creating an emergency_ telephone service authority in order to establish and maintain an emergency telephone service system in the County of Weld. Colorado to include the portions of this Town lying within the County of Weld, Colorado. Section 2. There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the Town of Hudcort , located within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission or $ .50 (fifty cents) whichever is less. Upon recommendation of the Weld Emergency Telephone Service Authority, the Town Board may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. 8804 3 COUNCIL BILL NO. ORDINANCE NO. an) AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE TOWN OF Johnstown ; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY IMM:illit TELEPHONE SERVICE SYSTEM IN THE TOWN OF Johnstown , WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the Town of Johnstown , Colorado, be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Trustees of the Town of Johnstown , Colorado, finds that the Town is lawfully authorized to impose a charge upon telephone subscribers with the Town of Johnstown and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seg., as amended, in order to establish and maintain the emergency telephone service system within the Town of Johnstown: ; and WHEREAS,,, such a system would be in the best interest of the Town of Johnstown NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF Johnstown , COLORADO. Section 1 . The Mayor is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service .system in the County of Weld, Colorado to include the portions of this Town lying within the County of Weld, Colorado. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of , the Town of Johnstown , located within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission or $ .50 (fifty cents) whichever is less. Upon recommendation of the Weld Emergency Telephone Service Authority, the Town Board may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. 8@C403 COUNCIL BILL NO. ORDINANCE NO. FTC-1-B7 AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE TOWN OF HUDSON ; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE TOWN OF HUDSON WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the Town of Hudson , Colorado, be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Trustees of the Town of Hudson , Colorado, finds that the Town is lawfully authorized to impose a charge upon telephone subscribers with the Town of Hudsnn and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. • seq. , as amended, in order to establish and maintain the emergency telephone service system within the -''own . of, Hudson ; and WHEREAS, such a system would be in the best interest of the Town of Hudson NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF HUDSON , COLORADO. Section 1. The Mayor is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system in the County of Weld, Colorado to include the portions of this Town lying within the County of Weld, Colorado. Section 2. There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the Town of Hudson , located within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission or $ .50 (fifty cents) whichever is less. Upon recommendation of the Weld Emergency Telephone Service Authority, the Town Board may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission_ 8804e3 I Section 3 . Telephone service suppliers providing telephone service in the Town of Hudson are hereby authorized to collect the emergency telephone charge imposed by this ordinance in accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the Intergovernmental Agreement. Section 4 . This ordinance shall not be effective until the • intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. INTRODUCED, READ AND ORDERED PUBLISHED this i!tth day of November , A.D. , 1987. UN) a / Mayor ATTE ST: c--ATTEir 4 �: 7_4eyt) Town• PASSED, -r ADOPTED AND APPROVED this day y of November , A.D. , 1987. ((\\��1l// t � ^ ay or ,llM ATTEST fd-c�' 7 Town/,Crk PROVED AS O FO •. T wn Attdrney • COUNCIL BILL NO. ORDINANCE NO. gni AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE TOWN OF Johnstown ; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE TOWN OF Johnstown WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the Town of Johnstown , Colorado, be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Trustees of the Town of Johnstown , Colorado, finds that the Town is lawfully authorized to impose a charge upon telephone subscribers with the Town of Johnstown and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the Town of Johnstown ; and WHEREAS.,, such a system would be in the best interest of the Town of Johnstown NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF Johnstown , COLORADO. Section 1 . The Mayor is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service ;system in the County of Weld, Colorado to include the portions of this Town lying within the County of Weld, Colorado. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes , Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the Town cf Johnstown , located within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission or $ .50 (fifty cents) whichever is less. Upon recommendation of the Weld Emergency Telephone Service Authority, the Town Board may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. 8364C3 Section 3 . Telephone service suppliers providing telephone service in the Town of Johnstown are hereby authorized to collect the emergency telephone charge imposed by this ordinance in accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the Intergovernmental Agreement. Section 4 . This ordinance shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. INTRODUCED, READ AND ORDERED PUBLISHED this 7th day of December , A.D. , 1987 . n ijic9fti-4 e ATTEST: / • SiiliJ Town C erk PASSED, ADOPTED AND APPROVED this 7-gt, day of C�,a„,,,lu,, ) , A.D. , 1987 . //�� c3 or ai . • M 14 17 • ' / i '�Qwr‘ .Cierk� / APPROVED AS-T, FORM: f ,, I ,c Ai Y j,4 Tow Attorney Sent to The Johnstown Breeze to be published-Dec. 10, 1987 830473 L Town of Johnstown BOARD MEETS FIRST MONDAY IN MONTH P.O.BOX 306 JOHNSTOWN,COW.80534 December 11, 1987 Office of Board oc County Commissioners P.O. Box 758 Greeley, CO 80632 Attn: Debbie Boeck Dear Ms. Boeck: Please find enclosed a copy of the Town of Johnstown's Ordinance No. 431, an ordinance imposing an emergency telephone charge upon telephone exchange access facilities within the Town of Johnstown, which was acted upon on December 7 , 1987. Also, please find enclosed the original Intergovernmental Agreement for Establishment of the Weld 911 Emergency Telephone Service Authority Board, After it has been comnletely signed, please return a signed copy to the Town of Johnstown. Thank you. Very truly yours, .12494S11,-}qCStuiljt..) Phyllis J. Switzer Clerk/Treas. /ps Enclosures 2 880403 ORDINANCE NO. 115 AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE TOWN OF KEINESBURG ; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE TOWN OF 1 [VESBURG WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the Town of Mertes-burg , Colorado, be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Trustees of the Town of Keenesburg , Colorado, finds that the Town is lawfully authorized to impose a charge upon telephone subscribers with the Town of Keenesburg and to authorize telephone service suppliers to collect said charge, and to enter into an agreement • with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the Town of Keenesburg ; and WHEREAS, such a system would be in the best interest of the Town of Keenesburg . NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF Keenesburg , COLORADO. Section 1 . The Mayor is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system in the County of Weld, Colorado to include the portions of this Town lying within the County of Weld, Colorado. Section 2. There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the Town of Keenesburg , located within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission or $ .50 (fifty cents) whichever is less. Upon recommendation of the Weld Emergency Telephone Service Authority, the Town Board may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge_, exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. 8504`3 Section 3 . Telephone service suppliers providing telephone service in the Town of Keenesturg are hereby authorized to collect the emergency telephone charge imposed by this ordinance in accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the Intergovernmental Agreement. Section 4 . This ordinance shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. INTRODUCED, READ AND ORDERED PUBLISHED this 9th day of November , A.D. , 1987 . deo-no-C Mayor ATTEST: Toy lerk PASSED, ADOPTED AND APPROVED this /y2,f, day of Aie_y / , A.D. , 1967 . Mayor ATTEST: To Clexk APPROVED AS TO FORM: Town Attorney 880403 --id , COUNCIL BILL NO. ORDINANCE NO. 178 AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE TOWN OF Kersey ; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE TOWN OF Kersey WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the Town of Kersey , Colorado, be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Trustees of the Town of Kersey , Colorado, finds that the Town is lawfully authorized to impose a charge upon telephone subscribers with the Town of Kersey and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the Town of Kersey ; and WHEREAS, such a system would be in the best interest of the Town of Kersey NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF Kersey , COLORADO. Section 1. The Mayor is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service ;system in the County of Weld, Colorado to include the portions of this Town lying within the • County of Weld, Colorado. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the Town of Kersey , located within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission or $ .50 (fifty cents) whichever is less. Upon recommendation of the Weld Emergency Telephone Service Authority, the Town Board may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. 880403 411 J N Section 3 . Telephone service suppliers providing telephone service in the Town of Kersey are hereby authorized to collect the emergency telephone charge imposed by this ordinance in accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency , Telephone Service Authority as provided in the Intergovernmental Agreement. Section 4 . This ordinance shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. INTRODUCED, READ AND ORDERED PUBLISHED this First day of December , A.D. , 1987. tan4.14f Mayor d � ATTEST: Cl k ' PA SED, ADOPTED AND APPROVED this First day of December , A.D. , 1987 . C-/e44a,I4-;C10-Pae--- Mayor ATTEST: ("t4Cleerk APPROVED AS TO FORM: c ' . Town Attorney r 88on' 'n COUNCIL BILL NO. ORDINANCE NO. 9-1987 AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE TOWN OF Lajalle ; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE TOWN, OF LaSalle WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the Town of LaSalle , Colorado, be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Trustees of the Town of LaSalle , Colorado, finds that the Town is lawfully authorized to impose a charge upon telephone subscribers with the Town of LaSalle and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the Town of LaSalle ; and WHEREAS, such a system would be in the best interest of the Town of LaSalle NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF LaSalle , COLORADO. Section 1 . The Mayor is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system in the County of Weld, Colorado to include the portions of this Town lying within the County of Weld, Colorado. Section 2. There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the Town of -4aSalle , located within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission or $ .50 (fifty cents) whichever is less. Upon recommendation of the Weld Emergency Telephone Service Authority, the Town Board may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission: - 880403 Section 3 . Telephone service suppliers providing telephone service in the Town of LaSalle are hereby authorized to collect the emergency telephone charge imposed by this ordinance in accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the Intergovernmental Agreement. Section 4 . This ordinance shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. INTRODUCED, READ AND ORDERED PUBLISHED this 24 day of November , A.D. , 1987. i c Mayor-BRUC C KAMADA • ATTEST: aadd-1l-4- YNJGGJJn/J Town Clerk-ALBERQ'A MAGI LL PASSED, ADOPTED AND APPROVED this 8 day of December , A.D. , 1987. C---(--------._ ----/- —--- Mayo r=BFfUCE C KAMADA ATTEST: E�2ilia.LG/ --a-J ace Town Clerk-ALBERTA GILL APPROVED AS TO FORM: / A'ownttorney 41, 9/01r140--J 8804e3 Page 6 of 6 a 1005 17th Street, Room 390 MOUMall1Bell Denver, Colorado 80202 October 21 , 1986 Bruce Kamada - Mayor Town of LaSalle 119 Main LaSalle, Colorado 80645 Dear Mayor Kamada: Per our meeting of October 14, 1986 in your offices, I have gained concurrence on your solution to the outstanding balance due against the 911 line serving the 284 telephone exchange from our 911 Product Manager. Since 60% of the main station lines serve telephones within the Town of LaSalle, it is agreed that LaSalle will pay 60% of the outstanding balance now due and will continue to pay 60% of the monthly billing. This equates to $241 .67 of the $402.78 which is past due and $40.49 of the $67.48 monthly bill . The balance of both will be carried over, month to month and will be paid off by the "Authority Board" when the contract is signed for E911 in Weld County and when sufficient funds have been collected to do so. 1 want to thank you in advance for your dedicated help in getting an Enhanced 911 System implemented throughout Weld County. Your enthusiasm for E911 should spread and enable us to begin implementation even sooner than anticipated. Again, thank you. Sint 1 i , / John Wilding State Coordi at r 911/Emergent ervices cc: Don Arnst Nancy Anderson Bob Brace Mike Black - • 880403 ., . '� r ^`wry'+, (y ♦y- y*/� �}, ��/�.�fi ,.7� .�'< n,>..' ,,.,{{�- r �e a re 1,04— �� R• +17'{. �� Y'J�r`� �Y�< Fsj 'M%� A✓4 C t • ,y AN ORDINANCE IMPOSING AN `EMERGFNCY 'TELEPHONE CHARGE UPON TELEPHONE . EXCHANGE ACCESS RACILITIES. WITHIN THE TOWN OF Lochbuie; :AUTHORIZING .. '. •• `'` SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES ; AND AUTHORIZING THE MAYOR ,TO AN INTERGOVERNMENTAL AGREEMENT CREAT- ING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE TOWN OF Lochbuie . WHEREAS , in the interest of protecting and preserving public safety and welfare , it is desirable that the citizens of the Town of Lochbuie , Colorado , be provided with emergency telephone service to aid the timely provision of emergency. serv,ice , and WHEREAS , the Board of Trustees of the Town of Lochbuie, Colo- rado , finds that the Town is lawfully authorized to impose a charge upon the telephone subscribers with the Town of Lochbuie and to authorize telephone service suppliers to collect said charge, and to enter into an agreement. with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29- 11 - 101 and 29- 1 -201 et . sec _ , as amended , in order to establish and maintain the emergency telephone service system within the Town of Lochbuie ; and WHEREAS , such a system would be in the best interest of the - Town of Lochbuie. NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF Lochbuie , COLORADO. Section 1 . The Mayor is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system in the County of Weld , Colorado to' include the portions of this Town lying within the County of Weld , Colorado, Section 2. There is hereby imposed , pursuant to Colorado Revised Statutes , Section 29-11 -101 , -et . seq. , as amended , upon all telephone exchange access facilities within that portion of the Town of Lochbuie , located within Weld County , an emergency telephone charge in an amount not to exceed 2% (two percent ) of the tariff rates as approved by the Public Utilities Commission or $ .50 ( fifty cents ) whichever is less . Upon recommendation of the Weld Emergency Telephone Service Authority, the Town Board may , by Resolution , raise or lower the emergency telephone charge, but in no event , shall such charge exceed the amount of 2% (two percent ) of the tariff as approved by the Public Utilities Commission . Section 3. Telephone service suppliers providing telephone service in the Town of Lochbuie are hereby authorized to collect the emergency telephone charge imposed by this ordinance in accordance with Colorado Revised Statutes , 29- 11 - 101 et . seq . , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the Intergovernmental Agreement. er i '> s S-ti.+..9 2 .. _-- A.ra it Section 4.. This orclinarite shalt not be- effectjYe' unt1II the • Intergovernmental Agreement creating the emergency .telephone- service authority and concerning the:: .implementation of an:,emergency telephone service system is signed by representatives ;of-all, parties to the arreement., INTRODUCED , READ AND ORDERED PUBLISHED This / day of .� tt ee)ezf,ifm , A. D. , 1987. yor 1 � A-TTEST.- ohk PASSED , ADOPTED AND APPROVED this a. day of �F/ �car�y A. D. , 1987. c•Layor • A • c) = ATTEST.--.* \,\ • 71 01 own Cler • APPROVED AS TO FORM: Town Attorney 880493 ORDINANCE NO AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE TOWN OF 1! AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID �ME GENCY TELEPHONE CHARGES; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGPEEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH ANDOPERNI'E AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE TOWN OF �� WHEREAS , in the interest of protecting and preserving public safety and we fare , it is desirable that the citizens of the Town of i . , _ , Colorado, be provided with emergency telephone service to aid the timely provision of emergency service; and WE'ERF S , the Board of Trustees or. the Town of Colorado , finds that the Town is lawfully authorized to impose charge upon telephone subscribers with the Town or and to auth of iLe to 1e phone service suppliers to collect said charge, ...,d to ent.•r into an agreement • with Elie governing bodies of other puhlic .,<lenriea pursuant to Colorado Revised Statute Sections 2i- 11 -101 and 29-1 -201 et . seq. , as amended, in order to e:- tablish and maintain the emergenr• telephone service system within the Town of. and WHEHF_AS, , ss)1 a system would Le in the best interest of the Town of NOW, THEREFORE, E IT ORDAINED EY THE BOARD OF TRUSTEES OF THE TOWN OF , COLORADO . Section 1 . The Mayor is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system in the County of Weld, Colorado to include the portions of this Town lying within the County of Weld, Colorado . Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes , Section 29-11-101 , et . sea . , as amended, upon all telephone exchange ci-ss facilities within that portion of the Town of located within Weld County, an emergency telephone charc;c ..., an amc':r.t. rot to exceed 7% ( two percent) of the tariff rates• as approved by the Public Utilities Commission or $ . 50 ( fifty cents) whichever is less . Upon recommendation of the Weld Emerg. ,:ey Telephone Service Authority, the Town Boaro Ito'.', by R. ;.oiution, raise or lower the emergency telephone charge , but in no event , skill such charge exceed the amount of 2i ( two Lercent) of the r.zrifi es approved by the Public Utilities Commission. 8804133 6 Section 3 . Telephone servic suppliers providing telephone service in the Town of are hereby authorized to collect the emergency telephone charge imposed by this ordinance in accor'aance with Colorado Revised Statutes, 29-11-101 et . seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the Intergovernmental Agreement . Section 4 . This ordinance shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement . L11 / �i NTRODUCED, READ AND ORDERED PUULI£ LIED this day or �. , , A . D. , 1987 . Cat ; 'I- r �* 'A , - , J c-a z.+ M•4 yo ATTEST: Town—Clerk /I1RI/D7iASSED, ADOPTED AND APPROVED chi s- _ day of , A . D. , 1987 . • . mayor 7 ATTEST: I C • > I Town°Clerk APPROVED AS TO FORM : / /' Town Attorney i i 8804(n r ORDINANCE NO. 439 AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE TOWN OF MILLIKEN; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGE; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING THE WELD 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE TOWN OF MILLIKEN. WHEREAS, in the interest of protecting and preserving the public safety and welfare, it is desirable that the citizens of the Town of Milliken, Colorado, be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Town is authorized to impose a charge upon telephone subscribers within the Town of Milliken, to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public entities pursuant to §29-11-101 et seg. and §29-1-201 et seq. , C.R.S. , as amended, to establish and maintain an emergency telephone service system within the Town of Milliken; and WHEREAS, such a system would be in the best interest of the Town of Milliken; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF MILLIKEN, COLORADO: Section 1 . The Mayor is authorized to sign the attached intergovernmental agreement creating the Weld 911 Emergency Telephone Service Authority Board to establish and maintain an emergency telephone service system within the County of Weld, including the Town of Milliken. Section 2. There is hereby imposed, pursuant to §29-11-101 et seg• , C.R.S. , as amended, upon all telephone exchange access facilities within the Town of Milliken, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Colorado Public Utilities Commission, or $.50 (fifty cents) , whichever is less. Upon recommendation of the Weld 911 Emergency Telephone Service Authority Board, the Board of Trustees may, by ordinance, raise or lower the emergency 8804C3 telephone charge, but in no event shall such charge exceed the amount of 2% (two percent) of said tariff rates as approved by the Colorado Public Utilities Commission. Section 3. Telephone service suppliers providing telephone service in the Town of Milliken are hereby authorized to collect the emergency telephone charge imposed by this ordinance in accordance with §29-i1--101 et seq. , C.R.S. , as amended, and to provide those funds to the Weld 911 Emergency Telephone Service Authority Board as provided in the attached intergovernmental agreement. Section 4 . This ordinance shall be effective upon signature of the attached intergovernmental agreement by the authorized representative of each party to the agreement. READ, ADOPTED, SIGNED AND ORDERED PUBLISHED this 13th day of January, 1988. • TOWN OF MILLIKEN, COLORADO By: ��-1,217.,c,7 fi• " afar; Mayor ATTEST: h/Yv/yl To n lerk2 M/18 880403 C 1 ORDINANCE NO. `/? )/ AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE TOWN OF ; AUTHORIZING SERVICE, SUPPLIERS TO COLLECT SAID EMER6ENCY TELEPHONE CHARGES; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE TOWN OF,�Gys., vr WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the Town of Res v,„ (1,,,_,. , Colorado, be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Trustees of the Town of a yv n F r , Colorado, finds that the Town is lawfully authorized to impose a charge upon telephone subscribers with the Town of f1G „, 'P'Pr- and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the Town of Re4/.., t,r- ; and WHEREAS, such a system would be in the best interest of the Town of Rz,y w NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF fro J. ,, Q COLORADO. Section 1 . The Mayor is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system in the County of Weld, Colorado to include the portions of this Town lying within the County of Weld, Colorado. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the Town of Ra y.•. -e ,r located within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission or $ .50 (fifty cents) whichever is less. Upon recommendation of the Weld Emergency Telephone Service Authority, the Town Board may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3 . Telephone service suppliers providing telephone service in the Town of �q ,,, r are hereby authorized to collect the emergency telephone charge imposed by this ordinance in accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the Intergovernmental Agreement. Section 4 . This ordinance shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. INTRODUCED, READ AND ORDERED PUBLISHED this 9 day of fro b , s A.D. , 1987. c:Ai4hP,✓ 14 M oS a _ Town Clerk P SSED, ADOPTED AND APPROVED this / day of , A.D. , 1987. yor AT 7: , Town Clerk APPROVED AS TO FORM: Town Attorney • ssady., 73 glIIIIIV ii ,- 8 ORDINANCE NO. 153 • AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILI- TIES WITHIN THE TOWN OF NUNN; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE MAYOR . TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREAT- ING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE TOWN OF NUNN. ' WHEREAS , in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the Town of Nunn, Colorado, be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS , the Board of Trustees of the Town of Nunn, Colorado, finds that the Town is lawfully authorized to impose a charge upon telephone subscribers within the Town of Nunn and to authorize telephone service suppliers to collect said charge, and to enter ' into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Section 29-11-101 et. seq. 1973, as amended, in order to establish and maintain the emergency telephone service system within the Town of Nunn; and WHEREAS, such a system would be in the best interest of the Town of Nunn, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF NUNN, COLORADO, Section 1 . The Mayor is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system in the County of Weld, Colorado. Section 2. There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101, et. seq. 1973, as amended, upon all telephone exchange access facilities within the Town of Nunn an emergency telephone charge in an amount not to exceed 270 (Two percent ) of the tariff rates as approved by the Public Utilities Commission or $. 50 (Fifty cents) , whichever is less. Upon recom- mendation of the emergency telephone service authority, the Board of Trustees, may, by Resolution, raise or lower the emergency tele- phone charge , but in no event, shall such charge exceed the amount of 2% (Two percent) , of the tariff as approved by the Public Utilities Commission. Section 3. Telephone service suppliers providing telephone service in the Town of Nunn are hereby authorized to collect the emergency telephone charge imposed by this Ordinance in accordance with Colorado Revised Statutes, 29-11-101, et. seq. , 1973, as amended. Section 4. This Ordinance shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. INTRODUCED, READ AND ORDERED PUBLISHED this day of 3u &. _ , 1987. GASSED AND ADOPTED, SIGNED AND APPROVED this day of '_ , 1987 . ' ATTEST: -,..":„enY.rc - Mayor town C. �'I 880493 + 0 CERTIFICATE OF THE TOWN CLERK At a regular meeting of the Board of Trustees of the Town of Nunn, Colorado, held on 1 , 1987 at the Nunn Community Center in .Nunn, ColoradI, the above and fore- going Ordinance No. 153 was read and considered. Thereafter, Trustee U.\ moved the adoption of the above and foregoing Ordinance No. 153. Trustee 17W.A,v1.4 seconded the motion for the adoption of Ordinance NO. 153. Thereafter, upon voting, the following Trustees voted "AYE": Ma.th.tt . and the following Trustees voted "NAY": • WHEREUP, the Mayor declared Ordinance No. 153 passed and approved the same by his signature. Dated this ,A day of .N. , 1987. Town &Jerk • 8804 ►3 • COUNCIL BILL NO. ORDINANCE NO. -5?- - AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE. TOWN OF PIERCE ; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE TOWN OF PIERCE WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the Town of PIERCE , Colorado, be provided with emergency telephone service to aid the timely_ provision of emergency service; and WHEREAS, the Board of Trustees of the Town of PIERCE , Colorado, finds that the Town is lawfully authorized to impose a charge upon telephone subscribers with the Town of PIERCE and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the elocy telephone service system within the Town of ; and WHEREAS, such a system would be in the best interest of the Town of PIERCE NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PIERCE , COLORADO. Section 1. The Mayor is authorized to sign the attached • intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system it the County of Weld. Colorado to include the portions of this Town lying within the County of Weld, Colorado. • Section 2. There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the Town of PIER== , located within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission or 5 .50 (fifty cents) whichever is less. Upon recommendation of the Weld Emergency Telephone Service Authority, the Town Board may, by Resolution, raise or lower, • the emergency telephone charge, but in no evert, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. • • 88046.3. Section 3 . Telephone service suppliers providing telephone service in the Town of PIERCE are hereby authorized to collect the emergency telephone charge imposed by this ordinance in accordance with Colorado Revised Statutes, 2911-101 et. seq. , as amended and to provide those funds to the weld Emergency Telephone : Service Authority as provided in the Intergovernmental Agreement. x'11 Section 4 . This ordinance shall not be effective until the , .11 intergovernmental agreement ' creating the emergency telephone .# service authority and. concerning the implementation of an *'=; emergency telephone service system .As signed by representatives `4 of all parties to the. agreement. ' _ ' `r INTRODUCED, READ AND ORDERED PUBLISHED this 9th day f November , A.D. , 1987. ,4 lA 7:r ' • ATTEST: � - 'fit To lerk ,` PASSED, ADOPTED AND APPROVED this 9th day of ` November , A.D. , 1987. r - ATTEST- , Town Clerk . ZYf APPROVED AS TO FORM: Town Attorney ♦ _ _ 8804t'3 4. A RESOLUTION NO. 2 SERIES OF 1988 INTRODUCED BY GarY A. Homvak A RESOLUTION APPROVING AND AUTHORIZING THE EXECU- TION OF AN INTERGOVERNMENTAL AGREEMENT FOR THE ESTABLISHMENT OF AN EMERGENCY TELEPHONE SERVICE AUTHORITY. WHEREAS, counties, cities, and special districts are author- ized by statute to enter into agreements for the purpose of providing emergency telephone service; and WHEREAS, a proposed agreement has been drafted for the formation of an emergency telephone service authority which would be responsible for the installation, operation and maintenance of the equipment for centralized emergency telephone service in Weld County; and WHEREAS, the proposed agreement would be among Weld County and cities and towns and fire protection districts located therein; and WHEREAS, the Board of Trustees has carefully reviewed the proposed agreement and has received information from Weld County and Mountain Bell representatives concerning the enhanced 911 emergency calling system; and WHEREAS, the Board of Trustees has concluded that the Town's participation in the enhanced 911 emergency calling system through the proposed intergovernmental agreement will materially 880403 enhance the safety and health of the citizens of the Town of Platteville; now, therefore, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF PLATTEVILLE that: 1 . The intergovernmental agreement for the establishment of an emergency telephone service authority, a copy of which is attached hereto as Exhibit A and incorporated herein, is hereby approved. 2. The Mayor is authorized and directed to execute said agreement on behalf of the Town and the Town Clerk is authorized and directed to attest to said agreement. READ, PASSED, AND APPROVED this J34 day of . May . 1988. dar-a- Earl L. Reiter , Mayor ATTEST:4 -& e&A., Gayle Orr, Town Clerk -2- 880403 c`f Lahm of liaftatiUe P.o.DRAWER70 c3tttorporrcteb 1875 ♦11 ODODRIOI AVENUE PtAnevu .mLO.80651 PHONE: 7852215 May 10, 1988 Donald D. Warden, Director Finance and Administration Weld County P.O. Box 758 Greeley, CO 80632 RE: Weld 911 Emergency Telephone Service Dear Mr. Warden: Enclosed are two signed copies of the Intergovernmental Agreement for Establishment of the Weld 911 Emergency Telephone Service Authority Board, which is Exhibit A to Resolution No. 1988-2 approving and authorizing the execution of this agreement. A copy of this resolution is also en- closed. When the agreement is signed, please return one copy to us for our files. Sincerely, Ath Gayle R. Orr Town Clerk Encl . 8804e3 ZIIfhtt at Fie rn P.O.DRAWER TO (.utwurpGrnfih 1876 411 ODOORIQ+AVENUE PLATTEVILLE.WLO.8O651 PHONE: 785,22.15 December 9, 1987 Gordon Lacy, Chairman Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 RE: Enhanced 911 Dear Chairman Lacy: At its Regular Meeting on December 1, 1987, the Platteville Board of Trustees voted not to adopt an ordinance imposing an emergency charge for E911 Service, nor did the Board approve entering into an inter- governmental agreement for E911. Sincerely, Robert K. Thorson Town Administrator Town of Platteville RKT:gro 8804e3 i/-4 ` COUNCIL BILL NO. ORDINANCE NO. W1-- AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE TOWN OF at..rQf=1fl`C.F- ; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE TOWN OF . WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the Town of .atiAt1Y , Colorado, be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Trustees of the Town of c-Sir-t\tinay . , Colorado, finds that the Town is lawfully authorized to impose a charge upon telephone subscribers with the Town of c-f-CW.c>ptivr�_ and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the Town of P; and WHEREAS, such a system would be in the best interest of the Town ofc ?-__SPiStiVrE • NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF?{� , COLORADO. Section 1 . The Mayor is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system in the County of Weld, Colorado to include the portions of this Town lying within the County of Weld, Colorado. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seg. , as amended, upon all telephone exchange access facilities within that portion of the Town of �t.t?P11ye located within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission or $ .50 (fifty cents) whichever is less. Upon recommendation of the Weld Emergency Telephone Service Authority, the Town Board may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. 8804C3 _ --- • • Section 3 . Telephone service suppliers providing telephone service in the Town of ��t RCX�., are hereby authorized to collect the emergency telephone charge imposed by this ordinance in accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the Intergovernmental Agreement. Section 4 . This ordinance shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. INTRODUCED, READ AND ORDERED PUBLISHED this day of Tom , A.D. , 1987 . Mayor ATTEST: Town Clerk PASSED, ADOPTED AND APPROVED this 1 \ day of 1 , A.D. , 1987. a5� Mayor AT EST: U16050 `+ wnrk APPROVED AS TO FORM: own Attorney 860403 . TOWN OF WINDSOR ORDINANCE 1988 - 748 • AN ORDINANCE IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE TOWN OF WINDSOR ; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE MAYOR TO SIGN • AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE TOWN OF WINDSOR WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the Town of Windsor , Colorado, be provided with emergency telephone service to aid the timely provision of emergency service; .and WHEREAS, the Board of Trustees of the Town of Windsor , Colorado, finds that the Town is lawfully authorized to impose a charge upon telephone subscribers with the Town of Windsor and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the Town of Windsor ; and WHEREAS, such a system would be in the best interest of the Town of Windsor NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF WINDSOR , COLORADO. Section 1 . The Mayor is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system in the County of Weld, Colorado to include the portions of this Town lying within the County of Weld, Colorado. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the Town of Windsor , located within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission or $.50 (fifty cents) whichever is less. Upon recommendation of the Weld Emergency Telephone Service Authority, the Town Board may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. 880403 4 ' Section 3 . Telephone service suppliers providing telephone service in the Town of Windsor . are hereby authorized to _ - collect the :emergency telephone charge imposed by this ordinance • in accordance. With Colorado Revised Statutes, . 29-11-101 et. • seq. , as amended and to provide those funds to the Weld Emergency . Telephone Service : Authority ' as - provided in the Intergovernmental Agreement. • Section 9 . This ordinance shall 'not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. INTRODUCED, READ AND ORDERED PUBLISHED this 11th day of January , A.D. , 1988. _ Mayor ATTEST: Town :Clerk . PASSED, ADOPTED AND APPROVED this 11th day of January , A.D. , 1988. Mayor / ATTEST: Town , erk rtOVED A O FO Town At orney • • 880403 RESOLUTION IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN THE DISTRICT; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES; AND AUTHORIZING THE CHAIRMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE DISTRICT. BE IT RESOLVED BY THE BOARD OF DIRECTORS: WHEREAS, in the ?'^..terest of protecting and preserving public safety and welfz ._, it is desirable that the citizens of the District be provided with emergency telephone service to aid the timely provision of emergency service; and WHEREAS, the Board of Directors finds that the Beebe Draw Law District is lawfully authorized to impose a charge upon telephone subscribers with the District and to authorize telephone service suppliers to collect said charge, and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. seq. , as amended, in order to establish and maintain the emergency telephone service system within the District; and WHEREAS, such a system would be in the best interest of the District. NOW, THEREFORE, BE IT ORDAINED BY TEE BOARD OF DIRECTORS. Section 1 . The Chairman is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system for that portion of the District located within Weld County. Section 2 . There is hereby imposed, pursuant to Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within that portion of the District within Weld County, an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of Directors may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of 2% (two percent) of the tariff as approved by the Public Utilities Commission. • Section 3 . Telephone service suppliers providing telephone service in the District are hereby authorized to collect the emergency telephone charge imposed by this resolution in • S8C4�C'3 . .. accordance with Colorado Revised Statutes, 29-11-101 et. seq. , as amended and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. Section 4 . This resolution shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of January , A.D. , 1988. ee 4114L Chaeit an p ro femer ATTEST: r.,n r! (1'2 -10 Ce5-1AAA- 97 , RESOLUTION • IN THE MATTER OF IMPOSING AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES -WITHIN THE COUNTY OF WELD; AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES ; AND AUTHORIZING THE CHAIRMAN TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY IN ORDER TO ESTABLISH AND OPERATE AN EMERGENCY TELEPHONE SERVICE SYSTEM IN THE COUNTY OF WELD. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: WHEREAS, the Board of County Commissioners of Weld County, 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 , in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the County of Weld, Colorado, be provided with emergency telephone service to aid the timely provision of emergency service; and - WHEREAS, the Board of County Commissioners of Weld County, finds that the County is lawfully authorized to impose a charge upon telephone subscribers with the County of Weld and to authorize telephone service suppliers to collect said charge , and to enter into an agreement with the governing bodies of other public agencies pursuant to Colorado Revised Statute Sections 29-11-101 and 29-1-201 et. sec. , as amended, in order to establish and maintain the emergency telephone service system within the County of Weld; and WHEREAS, such a system would be in the best interest of the County of Weld. NOW, THEREFORE, BE IT ORDAINED EY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUP Y, COLORADO. Section 1 . The Chairman is authorized to sign the attached intergovernmental agreement creating an emergency telephone service authority in order to establish and maintain an emergency telephone service system in the County of Weld, Colorado. Section 2. There is hereby imposed, pursuant to Colorado Revised Statutes , Section 29-11-101 , et. seq. , as amended, upon all telephone exchange access facilities within the County of Weld an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of County Commissioners --0 -7° -0 -r,', Page 2 RE: EMERGENCY TELEPHONE SERVICE all telephone exchange access facilities within the County of Weld an emergency telephone charge in an amount not to exceed 2% (two percent) of the tariff rates as approved by the Public Utilities Commission. Upon recommendation of the emergency telephone service authority, the Board of County Commissioners may, by Resolution, raise or lower the emergency telephone charge, but in no event, shall such charge exceed the amount of • 2% (two percent) of the tariff as approved by the Public Utilities Commission. Section 3 . Telephone service suppliers providing telephone service in the County of Weld are hereby authorized to collect the emergency telephone charge imposed by this Resolution in accordance with Colorado Revised Statutes, Section 29-11-101 , et. seq. , as amended, and to provide those funds to the Weld Emergency Telephone Service Authority as provided in the intergovernmental agreement. Section 4 . This Resolution shall not be effective until the intergovernmental agreement creating the emergency telephone service authority and concerning the implementation of an emergency telephone service system is signed by representatives of all parties to the agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of November, A.D. , 1987 WELD COUNTY, COLORADO "FiBOARD OF COUNTY COMMISSIONERS ATTEST: l� Weld County lerk and Recorder Got c ` an rand C erk to the oard peputy Coun y Clerk C.W 1rby, Pr Tem fi '#R. Branlenta-7:____ PRO D A O F 471 \ �. . \ ter.\\\•a►.. County Attorney Ja• •ue'%'me oh s.- Frank 14amaguchi 880403 871393 �`4� oi FORT l &tpo( jfortlLuptou COUNTY OF WELD 8 • K 6 130 S.McKINLEY AVENUE FORT LUPTON(303)857-6694 PO. BOX 148 DENVER METRO(303)893-5404 FT LUPTON,CO 80621 GREELEY METRO(303)356-9225 COLORAa ,; f ' JAR? n• E� January 27, 1988 `xoi0. Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 Re: E911 Telephone System Effective January 28, 1988, the City of Fort Lupton has an ordinance and resolution in effect which supports the E911 system process. This ordinance was first heard by the City Council in November 1987 and passed on final reading on December 23, 1987. The City Council for the City of Fort Lupton fully supports this program and encourages the Board of County Commissioners and all other effected entities in the County to pursue the E911 program for Weld County. Sincerely, IM ala‘ Gale Custer Mayor, City of Fort Lupton cc: Weld County Communications 880403 exfo --Sr -rt a --/ 8 THO4SaWN OF Alal tor t; -� n ti 223 1st STREET 3'" ` EATON.COLORADO 80615 6HONE4544W8 EATON cotoaaoo . June 14 , 1988 Gene R . Brantner Office of Board of County Commissioners P . O. Box 758 Greeley , Colorado 80632 RE: NOMINEE TO E911 GOVERNING BOARD Dear Gene , The Eaton Town Board would like to nominate Don Cadwallader to the E911 Governing Board . Don has been a member of the Town Board since 1980 and currently serves as the Mayor Pro-tem . He has served on our Police Committee, is a current member of the Committee Against Proposed Railroad Relocation ( C . A. P. R. R. ) and also serves as a volunteer fireman . We feel these qualifications , together with his technical expertise as a teacher in the Computer Department of the Eaton School District make him a good choice for the E911 Board . Thank you for your consideration . Sincerel d"'e Gary Carsten Administrator GAC/cb 880403 REGULAR MEETING SECOND MONDAY OF EACH MONTH .nco4osated.1892 Town of z\i"/\. _ Johnstown BOARD MEETS FIRST MONDAY IN MONTH P.O.BOX 306 JOHNSTOWN, 001.0.80534 June 7, 1988 Gene R. Brantner Office of Board of County Commissioners P.O. Box 758 Greeley, CO 80632 Dear Mr. Brantner: As per your letter dated May 19, 1988 concerning the Town of Johnstown 's nominee for the law enforcement position on the E911 governing board, please be informed that at the regular meeting of the Board of Trustees of the Town of Johnstown on June 6, 1988, the board selected Chief Ernest D. Bower as the nominee from the Town of Johnstown to be a nominee for a position on the E911 governing board. Thank you for your attention to this matter. Very truly yours, im Noah, Mayor own of Johnstown 3N/.pt 8804'3 TOWN OF KERSEY 332 TR1RD STREET TELEPHONE POST OFFICE BOX 67 303]363-1681 I ERSEY,COLORADO 80644 June 15, 1988 Gene R. Brantner Weld County Commissioner P. O. Box 758 Greeley, Colorado 80632 Dear Commissioner Brantner: The Town of Kersey would like to nominate Police Chief Richard Clark for the law enforcement position on the E911 governing board. If further information is needed, please advise. Sincerely, TO7 OF KERSEY, C D0 "sy .. Holder CMC diTown erk 88C4C3 awn fie garhn City 621 27th St.Rd. Greeley,CO 80631—(303) 351-0041 MAY 26, 1988 BOARD OF COMMISSIONERS WELD COUNTY P.O.Box 758 GREELEY, COLORADO 80632 DEAR COMMISSIONERS: IN RESPONSE TO YOUR REQUEST FOR A NOMINEE FOR THE LAW ENFORCEMENT POSITION ON THE E911 GOVERNING BOARD, THE TOWN OF GARDEN CITY WOULD LIKE TO NOMINATE RICHARD EVANS, CHIEF OF POLICE FOR THE CITY OF EVANS. SINCERELY, �r/ #i.4an-r-¢,_ f LUANNE L. HUMMELS TOWN CLERK/MANAGER �i�" \ 1/ �^��+�1 1. `�.�\ ` 1 . I'ji \ 1 /1 n'� .l•-\, js�l vati J►��I r.dt; l.i,. n:: .rrr : 411\ n ` 0 IJ swab Hudson Fire Protection District P.O. Box 7 Hudson, Colorado 80642 M ,17 June 13, 1988 Q ' .^7 t' s E Office of Board of County Commissioners •L P.O. Box 758 Greeley, Colorado 80632G ` gge. Dear Sir: The Hudson Fire Protection District would like to nominate Douglas Windsheimer to the new E911 governing board. Thank you. Sincerely, Board of Directors Hudson Fire Protection District 88049;3 SOUTHEAST WELD FIRE PROTECTION DISTRICT P. O. Box 5 Roggen, Colorado 80652 Board of County Commissioners P. 0. Box 758 Greeley, Colorado 80632 Board of County Coinissioners : At our Board of Directors meeting last night, June 9, 1988, the Board nominated Robert D. Tegtman, 4935, Hwy 79, Keenesburg, CO 80643, for nominee for the fire district position on the E911 governing board. Please send information and future correspondence concerning 3911 to him at that address. Thank you. Yours truly, L+- 6.3. WELD FIR: PROTECTION DIST. Ardith A. Cody, Asst Secretary 88Q4'u",.3 \ /MI UM \/ • )) A I . \ MAY 271 }\ y =4, 199 as To The Board ty CommissionersP e «rthterovm..m ai t.= c The Jo5nstm.,4n 9:e District has nominated a member o+ the Johnstown Eire District Board to be a nominee +or the Fire Dstrict =si ticn on thcs E9: I Governing 308rd. oar t member Norman Carlson mate a MD-tofl tD nominate Narsjd Fahrembruch to the E911 Governing Board , it was neconded :y wan Rieder , moti 6«. Secretary, \ . � �� Alan Rj.admr 880403 /J f9 En so,. `TowQ of `W'ind�or' t * police Department ` '�',P _ -�,�{ ' ' 301 Walnut • Windsor, Colorado 80550 % Telephone(303)686-7433 �rlP t, " John E Michaels Chief of Police (303)686-7433 JUL2 51938 . s _ .fix ✓ July 21, 1988 Jackie Johnson Weld County Commissioner P. 0. Box 758 Greeley, CO 80632 The Windsor Town Board would like to submit the name of John E. Michaels, Chief of Police of Windsor, to serve as a representative on the E-911 Board. Please advise if he is accepted to serve on this Board. Sincerely, W. Wayne Miller Mayor WEM_mt 8SU4r.3 RESOLUTION RE: APPROVE GAS AND GAS LIQUIDS DIVISION ORDER FROM DIVERSIFIED OPERATING CORPORATION, 1600 STOUT STREET, SUITE 1900, DENVER, COLORADO 80202, AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, 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, Weld County, Colorado, is the holder of a certain lease with Rio Grande Exploration Company, and WHEREAS, said lease covers land more particularly described as follows: Township 8 North Range 58 West Section 6: S}NW1 Weld County, Colorado WHEREAS, Diversified Operating Corporation has submitted a Gas and Gas Liquids Division Order on the subject property, and WHEREAS, Weld County is entitled to a one-eighth royalty interest on production, and WHEREAS, in order to receive said royalty interest, Weld County must execute said Division Order, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, said Division Order has been reviewed by the Weld County Attorney, Thomas O. David, and found to be in order, and • WHEREAS, the Board deems it advisable to approve said Division Order on the parcel of land described herein. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Gas and Gas Liquids Division Order as submitted by Diversified Operating Corporation, 1600 Stout Street, Suite 1900, Denver, Colorado 80202, on the hereinabove described parcel of land be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Division Order. 880398 Page 2 RE: DIVISION ORDER - DIVERSIFIED OPERATING CORPORATION The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of May, A.D. , 1988 . BOARD OF COUNTY COMMISSIONERS ATTEST: T�uvu.�I WEL OUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board ene R. Bran er, Chairman C.W. K it y, P -Tem Deputy Coun Clerk AP ROVED AS TO FORM: Ja ue Go L CCL-1-17S---123. County Attorney Frank amaguchi 880398 nti 04 O 1:4 ON oQ G O "' a. R' r ��o : wo 7_1-1 u$z� of 's \ � Q3�3x © a "' t gd ut .J O B 11- o� k7 Fy O o - 30 .3 o g. Ye F.= `:o C d Fq Fm co m m Z an a o H F+ d z �� sg' m o o x cO "'14 u a & gg gp o Y ct p 3 rz. Y s s 1 u c.4 --, Q U co ¢ C3 ¢p � G 5Bbl sueg% Dose twos sd . i I .. 1 ffiit; 'Al 4 0:1- , 1 1 " ,• a Thl s ,..7 K2 q FF, t i ,-ffi H • {'t a WHO . -. a t. � NaU � wo v 4'itlii A woH .224,1 ~ A „ St3°398 5/I1 Tor, Scud ojc, AR2142148 Lease •: COKe-1005 0.0. Si 130 DIVERSIFIED OPERATING CORPORATION GAS AND GAS L10UIDS DIVISION ORDER May 11 . _1988 Tot Diversified Operating Corporation 1600 Stout Street, Suite 1900 Denver. Colorado 80202 (303) 595-3957 Dv as The undersigned, and each of them, guarantee and warrant that they are the legal owners in the proportions set out below of all the gas and gas liquids, or the proceeds thereof, produced from the Rim *6-8A A lease or unit located in the County of Weld , State of Colorado, described K o as follows: T' o z r Township 8 North. Range 58 West Z Section 6: 5/2W/4 C m and commencing as of 7 A.M. on the date of first production, you are authorized t9 to receive gas therefrom for purchase under the provisions of the gas contract w o H to hereinafter referred to, and until further notice, either from you or us, pay N N therefore as follows: z" 00 CREDIT TO INTEREST C° 0k- For Division of Interest. see Exhibit "A" attached hereto and made a part hereof. R' N :U w C+J Subject to the following provisions and conditions: a ;:11-g�n FIRST: This Division Order is executed subject to a contract made and entered into by and between Diversified Operating Corporation. as Seller and Red Wave. Ltd.. as Buyer dated March 1 . 1988, and any amendments o thereto or modifications thereof. The purchase price for said gas shall be the price therefore designated in O\ said contract, and payment thereof (less applicable taxes deducted by o purchaser) shall be made to the parties above named in the proportions above g ,,, set forth, at the respective times and under the conditions contained in said ' contract, except as provided in Paragraph Six hereof, and said contract is hereby adopted. ratified and confirmed by the undersigned parties, to the same extent as if originally executed by each of them. SECOND: In the event of a dispute hereafter at any time concerning title to said described land, or to gas purchased hereunder Diversified Operating Corporation may hold the purchase price. without interest. of the gas purchased hereunder until indemnity satisfactory to Diversified Operating Corporation. has been furnished. and in the event any action or suit is hereafter filed in any court affecting either the title to the land above described, or to the gas produced therefrom. to which any of the undersigned are parties, written notice of the filing of said action shall be immediately furnished to Diversified Operating Corporation, by the undersigned, stating the court in which the same is filed and the title of such action or suit. THIRD: You are hereby authorized, at your election, to withhold from the proceeds accruing hereunder to the undersigned, the amount of any severance, production, occupation, excise or other tax levied by any governmental authority against the interest of the undersigned in the production, or proceeds attributable thereto, and to pay same in behalf of the undersigned. FOURTH: You will not be responsible for any change of ownership in the absence of actual notice and satisfactory proof thereof. Each signer hereof agrees to notify you in writing of any change in his ownership and agrees that any transfer, assignment, or conveyance of any of his interest hereunder shall • be made subject to this division order and effective at seven o'clock a.m. on the first day of the calendar month in which notice is received. Without regard to whether any contingency is expressly stated in this division order, . you are hereby relieved of any responsibility for determining when any of the interests herein shall increase. diminish, be extinguished or revert to other parties as a result of the completion or discharge of money or other payments from said interest, or as a result of the expiration of any time or term limitation (either definite or indefinite), or as a result of the increase or decrease in production, or as a result of a change in the depth. the method or the means of production. or as a result of a change in the allocation or d m production affecting the above tract or any portion thereof under any agreement o or by order of Governmental authority. or resulting from any other contingency. ,.., and until you receive notice in writing to the contrary, you are hereby N authorized to continue to remit pursuant to the above division of interest. In the event said written notice is not received by you, you shall be held gir=l harmless for error resulting in over or under payment, or a wrong payment of .Zecl any such sum or sums. C y N z � FIFTH: This Division Order shall become valid and binding on each and z every owner named hereunder, his or its personal representatives, heirs. "i successors and assigns, as soon as signed by such owner regardless of whether t m or not all of said owners have so signed; but you shall not be required to make N payments in the manner herein provided until after all such owners have Go executed this division order or other similar division orders satisfactory to pj . you and it is agreed that your rights under this division order are assign- ti w able. This division order shall remain effective for so long as any gas n m purchase contract covering Said Lands (or any amendment or extension of said t. ao contract) remains in effect, or, if this instrument covers the sale of oil. g until cancelled by any party upon giving sixty (60) days written notice in advance of such cancellation. R"' 0" SIXTH: If the amount accruing to the interest of any party hereto shall 2 be less than $25.00 for any month, you are hereby authorized to accumulate the pxl monthly accruals to such interest and to make payment when such accumulations t7 equal or exceed 325.00. All accounts will be paid at least annually regardless m: of the amount. o to o SEVENTH: By the execution hereof and in consideration of the payments to 0 be made to the undersigned as herein provided, the undersigned, and each of n them, hereby ratify. adopt and confirm the lease or leases covering the lands o` herein described and agree that such lease or :teases are in full force and - e effect in accordance with all of such lease terms and provisions, and do hereby 2f, lease, let and demise unto the record owner of same, all of the interest of the undersigned in the lands covered thereby in accordance with the terms and provisions of said lease or leases, to which lease or leases and the recording thereof reference is here made for all purposes. EIGHTH: All written notices provided for herein shall be given to the party to receive the same, at the address of such party state herein. All of the provisions herein contained shall apply to each signer hereof separately and not jointly. INSTRUCTIONS FOR SIGNING Execute in ink exactly as your name appears _$bove and have your signature witnessed, If executing on behalf of a corporation, indicate your official title and affix corporate seal attested by the secretary or assistant secretary. It is necessary to only execute one copy of this division order which may be signed in counterparts. BE SURE TO FURNISH CORRECT MAILING ADDRESS, INCLUDING ZIP CCOE, POST OFFICE BOX NUMBER OR COMPLETE STREET ADDRESS. DO NOT DELETE OR REMOVE ANY PORTION HEREOF, (Witnesp sign below) (Signatu and addresses of Owners) ATTEST: -44 fry', 'r'_ Byt `1tQ� rSl,f yene Brantner, a anon �� '� Address: 915 10th Street Weld • Q t'ecor•er P.O. Box 758 Greeley, CO 80632 Deputy C '+ erk Tax Identification No. 84-6000813 � 880398 EXHIBIT "A" Page 1 of 1 May 11 , 1988 CREDIT INTEREST BPO INTEREST APO Gunmunwealth Energy Associates-III,L.P. .3066231 WI .2250000 WI .0093750 ORRI .0093750 ORRI Golden Bear Company .0766558 WI .0562500 WI 'eta Marvin R. Brown .0766558 WI .0562500 WI O H N l- lD John Penn Lee .0383279 WI .0281250 WI w -4 .0127500 ORRI .0127500 ORRI 3 ;U T� t+7 Zn Paul Abbey .0122649 WI .0090000 WI '< o .0127500 ORRI .0127500 ORRI to Z Za Terry J. Cannon .0122649 WI .0090000 WI N .0127500 ORRI .0127500 ORRI a c co Diversified Operating Corporation .2989576 WI .2193750 WIco o I-3 Cr; Pina Oil & Chemical Company none .2187500 WI z Mile Hi Oil & Gas, Inc. .0056250 ORRI .0056250 ORRI t+o m Weld County Colorado / ___ .1250000 RI .1250000 RI LIT cn Si1N O t7 -vi 73 O F, O t9 0 C7 Ow O co Rim 176-8A Well West Rim Prospect Weld County, Colorado 880398 *frN "° MAY i.6 le: }. DOC . Diversified ‘• ., Operating Corporation May 11, 1988 TO: ALL INTEREST OWNERS RE: Division Order #130 Rim #6-8A Well West Rim Prospect Weld County, COLORADO Gentlemen: We are enclosing our Division Orders for your execution. Your careful and prompt attention to the following items will be greatly appreciated. 1. Please verify that the information stated on the Division Orders, as it applies to you, is correct. 2. Sign the Division Orders in the designated space and have your signature witnessed, being sure to include the mailing address for your revenue checks to be forwarded. 3. Fill in your Social Security or Tax Identification Number on the line provided. Federal law requires us to withhold 20% of all revenue payments if this number is not furnished. x 4. If executed by a Corporation, the signature should be attested and your Corporate Seal affixed. 6. Return one executed copy of the Division Order to this office. The second copy should be retained for your records. Upon receipt of your signed Division Order, we will place your interest in line for payment. Please allow thirty <30) to forty-five <45) days for processing. Very ly yours. • DI RS FIE PERATING CORPORATION Paul Abbey Land Manager 17 PA:bh enclosures L F oiI 330398 t Judson s Rny Cenho•Suite 1900• 1600 Stout Skeet•Denver.Colorndo 80202•303/595.3957 RESOLUTION RE: APPROVE FINDINGS CONCERNING NON-COMPLIANCE OF PLOWING PERMITS #83-5 AND #83-6 - PAUL HNIZDIL WHEREAS, the Board of County Commissioners of Weld County, 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, on March 30, 1983, Plowing Permits #83-5 and #83-6 were issued to Paul Hnizdil, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has been informed that Mr. Hnizdil has failed to comply with the Conservation Plans contained in said Permits, and WHEREAS, at its meeting of May 23, 1988, the Board considered the testimony and evidence which was presented concerning said non-compliance, and WHEREAS, Paul Hnizdil was present at said meeting, and WHEREAS, after consideration the Board did Find that Paul Hnizdil has substantially deviated from the terms and conditions of Plowing Permits #83-5 , specifically that an area of approximately 34 acres not included within the permit has been plowed; and #83-6, specifically the crops have not been stripped as set forth in the Conservation Plan, and WHEREAS, upon such Findings, the Board has determined that Plowing Permit #83-5 is Ordered to be amended pursuant to Ordinance #108-A, and WHEREAS, the Board has further determined, concerning Plowing Permit #83-6 , that Mr. Hnizdil be allowed to leave the crop in as it presently is for this year; and next year he is to plant a spring crop in the strips required by the Conservation Plan, with the remaining portion to be summer fallowed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Paul Hnizdil is in violation of Plowing Permits #83-5 and #83-6 . BE IT FURTHER RESOLVED by the Board that Paul Hnizdil shall come into compliance of said Permits by amending Plowing Permit #83-5 pursuant to Ordinance #108-A and follow the Conservation Plan as originally set forth for Plowing Permit #83-6. 4/ / `J% _`L /!/�, /l� �� G 880404 Page 2 RE: FINDINGS - PAUL HNIZDIL BE IT FURTHER RESOLVED by the Board that Paul Hnizdil be allowed to leave the crop in as it presently is for this year; and next year he is to plant a spring crop in the strips required by the Conservation Plan, with the remaining portion to be summer fallowed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of May, A.D. , 1988. • BOA D OF COUNTY COMMISSIONERS ATTEST: 8""" "‘J D COUNTY, COLORADO Weld County Clerk and Recorder f, and Clerk to the Board Gene R. Bra ner, Chairman Sit?it�TYkrn ,pi C.W. Kirby, Pr Tem Deputy County Clerk APPROVED AS TO FORM: acqu=;i;e ns`y j/ ae C~� Attor ey fry�= a� / Frank amag.chi 880404 UNITED STATES Soil 4302 W. 9th St . Rd. DEPARTMENT OF Conservation Greeley , CO 80634 AGRICULTURE Service (303) 356-6506 Bruce Barker Asst . Weld County Atty. P.O. Box 1948 Greeley , CO 80632 May 20 , 1988 Subject : Non-Compliance of Plowing Permits 83-5, 83-6 Paul Hnizdil Mr . Barker : Mr . Paul Hnizdil was issued permits 83-5 and 83-6 with an approved and filed West Greeley Soil Conservation District conservation plan. The plan contained field striperopping fields 1 and 3 , cross-slope farming on field 2 , conservation cropping system and crop residue use . Mr . Hnizdil is out of compliance . He has never established the striperopping as stated in the plan . A photographic slide indicates there is approximately 35 ac. of plowed area in the NE 1 /4 of Section 25 , T8N, R60W which is more than indicated on the original plan map . Mr . Hnizdil contacted me on May 1 , 1988 and brought the materials he had received in the mail . We reviewed the material and discussed possible solutions and alternatives. On May 9, 1988, I reviewed the situation with the West Greeley Soil Conservation District Board . Their recommendations were that Mr . Hnizdil follow the plan as approved with the original permit to achieve compliance . Scheduling would be at the option of the Weld County Commissioners . The entire field area covered in plowing permit 83-5 and 83-6 is seeded to winter wheat . A portion of the current crop could be destroyed in the stripping pattern as shown in the plan . The crop could also be allowed to mature , be harvested and strips established next year thereby leaving an adequate ground cover for surface soil protection . As for the 36 acre area in the NE 1 /4 of Section 25, T8N, R60W, this area requires a permit and the permit process would need to be followed. As currently mapped, the area could be farmed under a conservation plan . I plan to attend the hearing on Monday , May 23rd and will be present to answer any questions . Sin PrP Y , Ronald D. Miller District Conservationist USDA-SCS Greeley Field Office 8130404 w f ‘711(6- EORA1IDUM aim 'Lt Erie Board of To County rommigaicnera Dare— May ?q, 1988 COLORADO From Bruce T. Barker, Assistant County Attorrry Rearing Concerning Non-Compliance with Plowing Subject: Permits_ Numbers 83-5 and 83-6 by Paul Hnizdil_ On Monday, May 23 , 1988, the Board will hold a hearing concerning the non-compliance with Plowing Permits Numbers 83-5 and 83-6 by Paul Hnizdil. Attached you will find copies of two letters. The first letter is addressed to Mr. Enizdil and notifies him of the May 23 hearing. The second letter is addressed to Ron Miller, District Conservationist, which asks him to provide the Board with information concerning the non-compliance and the Soil Conservation District 's recommendations. As of this date, I have yet to receive any information from Mr. Miller. I will be calling him today to at least have the information available for the hearing next Monday. The hearing will be conducted in accordance with the procedures set forth in Article 3, Section I (2) . The procedure used will be that provided for in the Weld County Administrative Manual for adjudicatory-type hearings. The Board will need to make the following finding: Has Mr. Hnizdil' s cultivation practices on the property covered by the conservation plan substantially deviated from those practices recommended in the plan? 7f the Board finds that he has substantially deviated, the Board may then either order Mr. Hnizdil to comply with the conservation plan, or revoke the original permit and order Mr. Hnizdil to cease cultivation immediately and to revegetate the grassland. Ls an alternative, the Board and Mr. Enizdil may enter into an agreement wherein Mr. Enizdil will agree to amend his original conservation plan. As t stated above, the Soil Conservation District will be making recommendations concerning what they think the Board should order if it finds substantial deviation. 7 ~ `\ i Bruce T. Barker Assistant County Attorney BTB:ss 4;!.., OFFICE OF COUNTY ATTORNEY PHONE(302)356-4000 EXT.4391 P.O. BOX 1948 GREELEY.COLORADO 80622 COLORADO May 13 , 1988 • Ron Miller District Conservationist Greeley Field Office United States Department of Agriculture 4302 West Ninth Street Road Greeley, CO 80634 RE: Hearing Concerning Non-Compliance with Plowing Permits . Numbers 83-5 and 8.3-6 by Paul Hnizdil. Dear Ron: The matter concerning non-compliance with Plowing Permits Numbers 83-5 and 83-6 by Paul Hnizdil will come before the Board of County Commissioners on Monday, May 23, 1988 , at 9:00 o' clock a.m. The Board will consider the facts and circumstances surrounding Mr. Hnizdil 's non-compliance with the permits and either order Mr. Hnizdil to comply with the conservation plans contained in the original permit, revoke the original permit and order him to revegetate, or enter into an agreement with :Air. Hnizdil whereby he agrees to amend his original conservation plan. All this will take place in accordance with Article 3 , Section I, paragraph (2) , found on page 9 of Weld County Ordinance 108-A. As per our telephone conversations concerning this matter, I respectfully request that either you or someone from your office provide the Board with written information concerning how Mr. Hnizdil has failed to comply with Permits Numbers 83-5 and 83-6. Please include a summary of your recommendations and the recommendations of the West Greeley Conservation District Board as to what Mr. Hnizdil should be ordered to dc to come into compliance with the permits. Thank you for your cooperation and help in this matter. Please call me if you J should have any questions or comments concerning either this letter or the hearing on Monday, May 23 , 1988. Very truly yours, .' • Bruce T. Barker Assistant County Attorney 3TB :ss 880404 a . OFFICE OF COUNTY ATTORNEY jits at PHONE(303)358-2000 EXT.4391 • P.O.60i: 1948 GREELEY.COLORADO 80632 • ft,t1 . C COLORADO May 13 , 1988 • Paul Hnizdil 42257 Weld County Road 113 New Raymer, CO 80742 RE : Hearing Before Board of County Commissioners of Weld County, Colorado, Concerning Your Non-Compliance with Plowing Permits Numbers 83-5 and 83-6 Dear Mr. Hnizdil: As per my April 28, 1988, letter, the Board of County Commissioners of Weld County, Colorado, has been informed that you have not complied with Plowing Permits Numbers 83-5 and 83-6 . Specifically, it is the Board's understanding that you have not stripped the subject parcels as required by the conservation plans set forth in the permits. You have also plowed outside of the boundaries set forth in the permits. I requested in my April 28 , 1988 , letter that you either correct the violations by May 11 , 1988 , or provide the Board with a written plan of how you intend to come into compliance with conservation plans set forth in the permits. It is my understanding that you have not corrected the violations. Likewise , the Board of County Commissioners of Weld County has not received the written plan of your intentions for compliance. Please be informed that the Board of County Commissioners will hear the matter of your non-compliance with Plowing Permits Numbers 83-5 and 83-6 on Monday, May 23 , 1988 , at its regularly scheduled Board meeting at 9:00 o 'clock a.m. The meeting will take place in the Board ' s First Floor Meeting Room, Weld County • Centennial Center Complex, 915 Tenth Street, Greeley, Colorado. The hearing will follow the procedures as set forth in Article 3, Section I , paragraph (2) , which is found on page 9 of Weld County Ordinance 108-A. A copy of the Ordinance is enclosed herein. Please be aware that the possible remedies for the Board include an Order for you to comply with the conservation plan contained in the original permit [paragraph (2) (h) (i) j , or revocation cf the original permit and an Order for you to cease cultivat_cn 880404 immediately and to reveaetate the grassland [paragraph (2) (b) (ii) ] - Please contact me at 356-4000, extension 4391 , if you should have any questions concerning this letter or concerning the hearing which will take place on Monday, May 23, 1988. Very truly yours, / -- ------7i .-- / Hruce T. Barker Assistant County Attorney BTB: ss Enc. xc: Ron Miller Doris Williams .880404 .SENDER:Complete items 1 and 2 vrhen additional services are desired,and complete items 3 and 4. Put your address in the"RETURN TO"space on the revere side.Failure to do this will prevent this card from being returned to you.The mum receipt fee will provideyou the name of the person delivered to and the data of delivery—for rtional fees the following services are available.Consult postmaster ter fees and check box(es)for additional service(s)requested, Y 4, '{ Show to whom delivered,date,and addressee's address. 2. 0 Restricted Delivery_ j d' 3.Ankle Addressed to: 4.Article Number o m - Paul -Hnizdil . P 070 596 361 C _ I oa r - - 42257 Weld County Rd. 113 Type of Service: a oos o I New Raymer, CO 80742 Reg:tered ❑ Insured u- • I en Uj 1 _ I Certified LJ COD `� ''�j 1-4 I 1 _ _ _ LLLJJJ Express Mail- • r w - c ! 2Y i r it j - - - - - _ _ - Always obtain Signature of addressee or - crt 0 = ` -,N I Pd E I m r 3` agent end DATE DELIVERED. I =1 3 >v LL �5.Si�n/a�ire— d(��r.(�,se. ALA i 8.Addressee's Address(ONLY f ~ L- I =I �Et f S.�'1 `V lee j ) requested and fee paid) f c - i .-IF -ar1 m = 6.Signature-Agent t-f (7 22S / teC4 11 3 w . :a1 �1 `'zi 5 a d )a ,f64 CO 7 ��_Date of Delivery `'?y; ` ire IF 1 . (t ht. r Qs - / e-R7 (:)7C/ .-2 r:0 orrt86t "O'd'St-n • PS Form 3811,Feb.1986 DOMESTIC RETURN RECEIf AR2D44aao N ORDINANCE NO. 108-A •-+ U O - 8 IN THE MATTER OF REPEALING AND RE-ENACTING WELD COUNTY ORDINANCE NO. 108 AND ITS AMENDMENTS , CONCERNING THE ISSUANCE OF PERMITS FOR a THE PLOWOUT AND CULTIVATION OF GRASSLAND IN WELD COUNTY, COLORADO r.13 o • w BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: C U W el x WHEREAS, the Board of County Commissioners of Weld County, .. ,4; Colorado , pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the w affairs of Weld County, Colorado, and CO U . •z+' z WHEREAS, the indiscriminate plowout of grasslands in Weld w County is a serious problem leading to soi erosion and dust o u blowing, and co WHEREAS, the Board of County Commissioners has determined DELI that it is necessary to regulate the plowout of grasslands in Weld Z o z County, and FL' O >4 a WHEREAS, the Board of County Commissioners passed Weld County z £ Ordinance No. 108 , concerning the issuance of permits for the too plowout and cultivation of grassland in Weld County, Colorado, on o May 19, 1982, and said Ordinance became effective on that date , r4o and WHEREAS, the Board of County Commissioners wishes to amend said Ordinance No. 108 in order to provide for more effective enforcement of the provisions therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that Weld County Ordinance No. 108 is repealed and re-enacted as follows:• 880404 '7 Page 2 Ordinance 108-A o ARTICLE 1 N � U General Provisions N U ,a• Section I - Purpose and Intent o• w og (1) To insure that land-disturbing activities in areas • w containing privately-owned grasslands shall be conducted in a • manner which will minimize damage to those resources for future o use. U a (2) To prevent soil erosion and dust blowing which results w from improper soil management techniques. m (3) To establish certain requirements which must be met 'o ,.; before the cultivation of grassland is permitted. coo v z (4) To ensure that soil resources are preserved to the w— extent possible for the production of food for the present and future inhabitants of Weld County, Colorado. 0 03 CO w Section II - Authority z This Ordinance I08-A is adopted pursuant to Section o < 29-20-101 , et seq. , CRS, entitled the "Local Government Land Use >4 Control Enabling Act of 1974" , and Section 30-35-101, et seq. , w 4 CRS , entitled the "Colorado County Home Rule Powers Act. " cz Lnrn c Section III - Definitions o (1) "Conservation Plan" means any plan developed by the landowner and approved by the District which describes cultivation methods , cropping systems, and land management techniques required to prevent or reduce soil erosion to acceptable levels on the land for which the plan was developed. The plan shall include a map or aerial photograph delineating the full area of the grasslands and the area on which cultivation is going to take place with dimensions on a one inch to six hundred foot scale (1"/600' ) , or other scale found by the District to be acceptable and adequate to define the area of the permit. • Pace 3 Ordinance 10$-A c„ p The plan shall also include a soils map and soil descriptions o with land capability classification in accordance with United O States Department of Agriculture Land Capability Classification in System. C a (2) "Cultivation" means the practice of plowing or disking 0 or any other mechanical or chemical preparation of the land for o a the purpose of producing a crop for harvest. in. 53 (3) "District" means any soil conservation district 0 organized as provided in Section 35-70-104, CRS. w o a (4) "Grassland" means land having a ground cover of grass and which was not cultivated within the five year period previous o to May 19 , 1982, whether or not it has been cultivated since May ▪ Lx 19 , 1982. m 'oco .a U (5) "Revegetate" means the act of planting grasses which are o ,-4 adaptive to the area and which have been approved by the District. enw en E. o uD w Section IV - Applicability o CO• w (1) These regulations apply to applications for permits to z engage in the cultivation of grasslands in Weld County, Colorado. v.o z o (2) Any person seeking to cultivate any grassland in Weld c County, Colorado, shall obtain a permit pursuant to this Ordinance 108-A prior to commencing said cultivation. LO o • o Section V - Nonconforming Use .-. o :a4 (1) The provision of this regulation shall not apply to any nonconforming use existing on May 19 , 1982 , the effective date of Weld County Ordinance No. 108. Section VI - Relationship to Other Regulations (1) Nothing in these regulations shall be construed as exempting an applicant for a permit from any other requirements of this jurisdiction or other state or federal laws. 890404 Page 4 Ordinance 108-A (2) To the extent that the requirements of this Ordinance CV O 108-A differ from any other applicable requirements, the more restrictive requirements shall apply_ -to U ARTICLE 2 0 a 03 • Applications and Permits o x o Section I - Permit Submission Requirements m a An applicant for a permit to engage in the cultivation of - ..a grasslands shall submit to the Board of County Commissioners, as a minimum, the following: w , (I) A completed application form; CO U Z (2) A legal description of the grasslands to be cultivated w pursuant to the permit; o• v1 (3) Map (s) delineating the proposed area of the permit by o a the Township, Range, and Sections of said area. cr x � (4) Proof of ownership of the grasslands in the form of a o▪ z deed, or proof of authority to cultivate the grasslands in the CV 4 form of a lease with authorization for the lessee to cultivate the a grasslands and a power of attorney from the owner authorizing the v < lessee to apply for the permit; � r (5) A conservation plan, or amended conservation plan if a - o permit is already in effect, approved by the local soil -4 ° conservation district board, which will specify the conditions mom. under which cultivation is permitted; (6) A permit fee, established by separate ordinance; and (7) Collateral approved by the Board of County Commissioners in the amount of the estimated cost to revegetate the grassland acreage specified in the application, as established by the Board by separate ordinance. All such collateral shall name "Weld County, c/o the Board of County Commissioners of Weld County, Colorado, " as beneficiary. Any one or any combination of the four types of collateral listed below are acceptable to Weld County: Page 5 Ordinance 108-A (a) An irrevocable letter of credit from a federal or ev o state licensed financial institution on a form approved by a v Weld County. The letter of credit shall state at least the following: in o U (i) The letter of credit shall be in an amount a equivalent to 100% of the estimated cost to revegetate o y the cultivated grassland acreage specified in the a application, as set by a schedule established by the <n w Board of County Commissioners by separate action. a (ii) The letter of credit shall provide for payment en a upon demand to Weld County if the Permittee has not o complied with the conservation plan and permit, and the issuer has been notified of such failure. � x tai (iii) The issuer of the letter of credit shall mtai guarantee that at all times the unreleased portion of the letter of credit shall be equal to a minimum of 100% o N of the estimated cost to revegetate the cultivated grassland acreage specified in the application, as set en o CPIby a schedule established by the Board of County Commissioners by separate action. oo co m w (iv) The letter of credit shall specify that it P z shall remain in full force and effect until after the o Q Board has received 60 days written notice from the o issuer of the letter of credit of a proposed expiration U z period said notice shall be sent by certified mail to w < the Clerk of the Board of County Commissioners of Weld County, Colorado. o• an (b) An escrow agreement that provides at least the :Ll following: (i) The cash in escrow is at least equivalent to 100% of the estimated cost to revegetate the cultivated grassland acreage specified in the application, as set by a schedule established by the Board of County Commissioners by separate action. (ii) The escrow agent guarantees that the escrow funds will be used for revegetation of the cultivated grassland acreage specified in the application and for no other purpose and will not release any portion of 880404 N o r4O Page 6 Ordinance 108-A • o� - - - o Q • Qo aa such funds without the prior approval of the Board of County Commissioners. o w (iii) The escrow agent will be a Federal or State licensed bank or financial institution. o o z (iv) If the Board of County Commissioners of Weld County determines that there is a substantial deviation from the permit and there is a need for revegetation of the cultivated grassland acreage covered by the permit, m then the escrow agent, upon request by the Board, shall release any remaining escrow funds to Weld County for o• z the purpose of revegetation. 1-4 �cu o w (c) A performance bond given by a corporate surety • w authorized to do business in the State of Colorado in an o o amount equivalent to 100% of the estimated cost to revegetate m w the cultivated grassland acreage specified in the z application, as set by a schedule established by the Board by o zz separate action. 04 a (d) The cash deposit made with the Board equivalent to m a 100% of the estimated cost to revegetate the cultivated a r. grassland acreage specified in the application, as set by a o m schedule established by the Board by separate action. - o A Permittee' s failure to maintain at all times the collateral 't+ mentioned herein shall be a violation of this Ordinance and grounds for revocation unless the cultivated grassland has been adequately revegetated. Any person currently cultivating lands with the United States Department of Agriculture Land Capability Classification System Classes V through VIII may begin cultivating grasslands with Classes I through IV only after first obtaining a permit pursuant to this Ordinance 108-A. Said person must submit, along with the application for said permit, a revegetation and management plan, approved by the District, for revegetating and managing the lands with Classes V through VIII. Said person may be required by the Board of County Commissioners to provide the security as required by Article 2, Section I (7) , of this Ordinance 108-A in an amount equivalent to 100% of the estimated cost of revegetating the previously cultivated Class V through VIII acreage. - 880404 Page 7 Ordinance 108-A NO i o The above items must also be submitted by any person seeking v to amend an existing permit after the effective date of this o Ordinance 108-A. o w • oZ o z Section II - Approval of Permit Applications yr W o (1) If the applicant has a conservation plan or amended w conservation plan approved by the local soil conversation district moo board, has provided security as described in Section I (5) herein, and has paid the applicable permit fee, then the County shall o issue a permit. x rz (2) If the local soil conservation district board 03 (.) disapproves the applicant' s conservation plan or amended e z conservation plan, the applicant may appeal to the Board of County C:3 " Commissioners for a hearing to consider whether the local soil cra , conservation district board was in error in disapproving said plan m and whether the application should be approved. CO w (a) Within twenty (20) days after receiving an appeal co " for a hearing, the Board of County Commissioners shall set a 'zrZ date for a hearing. At the hearing, the applicant may be CV o ¢ present and testify and present evidence on his behalf if he o >, so desires. Said hearing shall be de novo and the burden of w proof by a preponderance of the evidence shall rest upon the co s District which disapproved the conservation plan. t o (b) The Board of County Commissioners shall approve the o application if the applicant' s plan or amended plan will: row (i) Allow for the cultivation of grasslands with United States Department of Agriculture Land Capability Classification Systems Classes I through IV; (ii) Keep or reduce soil losses from wind and water erosion to acceptable limits; (iii) Retain snow and rainfall on the land and conserve soil moisture; (iv) Meet the objectives of the applicant both as to his preferred production system and his desired level of economic return; and (v) Prevent or minimize air and water pollution. Page 8 Ordinance 108-A - - - (3) Upon issuance of a permit pursuant to this Ordinance 108-A, the conservation plan or amended conservation plan and a copy of this Ordinance I08-A shall be filed and recorded upon the cv land records of the Weld County Clerk and Recorder. x0 Section III - Permit Runs With Land - Release of Original n Permittee ow o (1) Any permit issued pursuant to this Ordinance I08-A or 0z pursuant to Ordinance 108 shall run with the land specified in the `" o permit , but sale or transfer of said land shall not release the 0 original Permittee from the obligations of complying with said o permit, nor from the costs for revegetation enumerated in Article mn z 3 , Section II (1) , of this Ordinance 108-A_ Said Permittee shall be released from the obligations of complying with said permit if a he shows to the satisfaction of the Board of County Commissioners x a that he has complied with the permit and has transferred any financial guarantee to the new Permittee. 00 U c z 0 ARTICLE 3 LC en .c o Administration, Enforcement and Penalties o = 0o w riza ger Section I - Enforcement Provisions ez oz N a (1) When the Board of County Commissioners is advised in >. writing that any landowner or operator is cultivating or causing w z to be cultivated any grasslands without first obtaining a permit ccz pursuant to this Ordinance 108-A, the Board is authorized to issue unLn an order to the landowner as listed upon the records of the County Assessor, and the operator, if any is known, specifying that the o cultivation shall cease immediately and that the grasslands shall be revegetated back to species of grass approved by the District or that the landowner and/or operator obtain a permit in accordance with this Ordinance 108-A. (a) Notice of such order shall be sent by certified mail, return receipt requested, to the landowner and operator, if any is known, or otherwise served as provided in the Colorado Rules of Civil Procedure. (b) Within thirty (30) days of the receipt of such order, the landowner and/or operator shall submit to the 880404 Page 9 Ordinance 108-A Board of County Commissioners a conservation plan approved by the District to comply with such order. (c) If the landowner and/or operator fails to submit a conservation plan as provided in Article 2 , or if the o landowner and/or operator advises the Board of County Commissioners that he does not intent to or cannot comply with such plan, the Board may take the reasonable action O, o necessary to revegetate the grasslands specified in the order issued pursuant to subsection (1) of this section. Notice of such action shall be sent by certified mail, return receipt o ;a requested, to the landowner and operator, if any is known, or oza x served with said notice in accordance with the Colorado Rules vrm of Civil Procedure, prior to the performance of such action. 4 o (2) When the Board of County Commissioners is advised in w writing that any Permittee is cultivating or causing to be 2 CC cultivated any grasslands in violation of his permit previously - ,a issued by the Board of County Commissioners, the Board shall then x notify the District of said complaint and set a hearing within ten (10) days of the receipt of said complaint in order to determine a whether a substantial deviation has occurred between the co u cultivation practices of the Permittee and the cultivation 2; ,_ practices outlined in the conservation plan of said permit. en enm o rn (a) Said hearing shall be conducted and notice given thereof in accordance with the procedure contained in the "General Procedures for Adjudicatory-Type Hearings" section oz, cc s of the Weld County Administrative Manual. Z z (b) If the Board finds at said hearing that the o cultivation practices of the Permittee have substantially deviated from the conservation plan in the original permit, L` ¢ the Board shall: LY ` d, (i) Order the Permittee to comply with the - o conservation plan contained in the original permit; or .-. o = L (ii) Revoke the original permit and order the Permittee to cease cultivation immediately and to revegetate the grassland. (c) As an alternative to the action contemplated in subsection (b) above, the Permittee, the Board, and the District may enter into an agreement wherein the Permittee agrees to amend the original conservation plan in a manner 880404 Page 10 Ordinance 108-A consistent with the purposes of Article 1, Section I. Said agreement shall be signed by the Permittee, the Board, and the District. Whenever the aforementioned parties agree to amend the conservation plan pursuant to this subsection, the Permittee shall provide a financial guarantee, in accordance with Article 2 , Section I (6) , of this Ordinance, unless he has already done so to the satisfaction of the Board. CN O o (d) Any permit which is violated after the effective o date of this Ordinance 108-A is subject to revocation U according to the provisions of this subsection. Any permit which has been violated previous to the effective date of o a this Ordinance 108-A and which continues to be violated after o = said effective date shall be subject to revocation according to the provisions of this subsection. w c (3) Any complaint to the Board of County Commissioners which o informs said Board that a violation of this Ordinance 108-A or a m violation of an existing permit is occurring, must be in writing. Said writing must specify the Section, Township, and Range wherein c the violation is occurring. Additionally, the writing must " a identify the landowner and/or operator and his or her address if known. All complaints shall be sent directly to the Clerk to the COQ Board of County Commissioners of Weld County, Colorado. ez (4) Any order to revegetate or any decision by the Board to cause land to be revegetated shall be subject to review by the c District Court, but such action for review must be brought by the landowner within thirty (30) days from the date of such order or ow decision. cc � z < Section II - Penalties (1) Upon the completion of the revegetation caused as t provided in Article 3, Section I, by the Board of County Commissioners , the Board may, by resolution, assess against the c .n landowner the cost of said treatment, which shall in no event c exceed the actual cost of the revegetation. If collateral has _ been provided pursuant to Article 2, then the Board may use such collateral to pay for said treatment. The Board may expend more money for said revegetation than the amount of the collateral , but shall not be required to do so. (2) Criminal Penalty--any person, firm, or corporation violating this Ordinance 108-A shall be punished by a fine of not 880404 • . 4 Page 11 Ordinance 108-A more than three hundred dollars ($300. 00) or by imprisonment in (\, o the County jail for not more than ninety (90) days, or by both such fine or imprisonment. Each day during which such illegal - cultivation continues shall be deemed a separate offense. -40 � U a ARTICLE 4 om o • a Severability (/). w (1) If any section, subsection, paragraph, sentence, clause O or phrase of this Ordinance 108-A is , for any reason, held or w decided to be invalid or unconstitutional, such decision shall not a a affect the validity of the remaining portions. Q x (2) The Board of County Commissioners of Weld County, x Colorado , hereby declares that it would have passed this Ordinance v 108-A and each and every section, subsection, paragraph, sentence, clause and phrase thereof irrespective of the fact that any one or o z more sections, subsections , paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. m F ow ^ ARTICLE 5 mw m c. v z Liability oz o This Ordinance 108-A shall not be intended to create a civil cause of action against the Board of County Commissioners of Weld zc County, any District, or any other persons that may administer this Ordinance 108-A in any manner. m o :n o ARTICLE 6 Effective Date BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado, that this Ordinance No. 108-A shall become effective five (5) days after its final public notice, in accordance with Section 3-14 (2) of the Weld County Home Rule Charter. 580404 Pace 12 Ordinance 108-A _ The above and foregoing Ordinance No. 108-A was, on motion duly made and seconded, adopted by the following vote on the 3rd day of March, A.D. , 1986. ' L �, - BOARD OF COUNTY COMMISSIONERS ATTEST: ! . - - WELD COUNTY, COLORADO f 1" Weld CouritIt4lerk 'd Recorder and Cief`ic o:,; ie d Ja quell re John-,, Chairman By.: ‘ t Deputy my C- rk Go y, " Tem APPROV AS T ene R. Brantner di County Attorney ref-f- /V7 C. W. Kir y y/j rte` /, - X,Pal Frank Yamaguc N 0 a 1st Reading - February 3 , 1986 o 'a} Published - February 6, 1986 • :r.,4 2nd Reading - February 19, 1986 tt Published - February 20; 1986 0 m Final Reading - March 3, 1986 rn x Final Publication - March 6 , 1986. Effective - March 11 , 1986 jf 7 'Z Z ti Q 880404 • :Z. • —p 2 C!' ci 1 W C . b m o 2 n • U i{ w :,.;,;.*„..,'::-'.."^:N. a 8g — ^ L� cc V7 3 f S � P > :N 1>` a. Y i "l% ' J{ t J y p V 5. ut p • �O '► 2.D a� . Ihf1JJkIitt `R ; • v it wso • _ ::, lir;it Ill . , *.:'' ''':'4,!?;- L'..' ' .1 er.-. y rt w a.= r O„?..,,;;4,9,.._-.....„.,2;......"7st . - 1 - ,A. gyp• b X1., �' .74 - .. -.5 pi-1 + at « N r1 Q1 ilhF_�11 f 8 aS c4 co t, pa 0 Q O i 102g a : e; ° eX6Xn w 1{ _...! 880404 ids • RESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING WITH CITY OF GREELEY CONCERNING ESTABLISHMENT OF THE WELD 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD WHEREAS, the Board of County Commissioners of Weld County, 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 has been presented with a Memorandum of Understanding between Weld County and the City of Greeley regarding the establishment of the Weld 911 Emergency Telephone Service Authority Board, and WHEREAS, said Memorandum concerns the support of Weld County and the City of Greeley for an amendment to Section III of the Intergovernmental Agreement establishing said Authority Board, and WHEREAS, said amendment is to reduce the members of the Weld 911 Emergency Telephone Service Authority Board from seven to five, as stated in the Memorandum of Understanding, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, after study and review, the Board deems it advisable to approve said Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Memorandum of Understanding between Weld County and the City of Greeley concerning the establishment of the E911 Emergency Telephone Service Authority Board be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Memorandum of Understanding. C T't OO0 ! Cc.. FO-CO-r,'n,. - - 880401 Page 2 RE: MEMORANDUM OF UNDERSTANDING - CITY OF GREELEY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of May, A.D. , 1988 . BOARD OF COUNTY COMMISSIONERS ATTEST: �� WE7,4} COUNTY, COLORADO Weld County lerk and Recorder K1L(I/Y{nom p and Clerk to the Board Gene R. Bran ner, Chairman C.W. y, P -Tem Deputy Count C erk APPROVED AS TO FORM: Ja que Go °PL. �.� .� L: County Attorney Frank amaguchi 880401 MEMORANDUM OF UNDERSTANDING CONCERNING INTERGOVERNMENTAL AGREEMENT FOR ESTABLISHMENT OF THE WELD 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD. This Memorandum of -Understanding concerning the intergovernmental agreement regarding the establishment of the Weld 911 Emergency Telephone Se;vice Authority Board, is made and entered into as of the .23 Q5 day of nThy 1985 by and between the County of Weld and the City of Greeley. WHEREAS , it is the intent of the parties to instal? an enhanced 911 system to provide improved response capabilities to jurisdictions for public safety by establishing the "Weld 911 Emergency Telephone Service Authority Board" , and WHEREAS, both parties wish to support an amendment tc the intergovernmental agreement establishing the "Weld 911 Emergency Telephone Service Authority Board" to reduce the membership from seven members to five members. NOW, THEREFORE, in consideration of the mutual covenant hereinafter contained, the parties agree as follows: Both parties agree to support an amendment to Section III of the Intergovernmental Agreement for Establishment of the Weld 911 Emergency Telephone Service Authority Board to reduce the members from seven to five by the elimination of a representative from emergency medical services and a member of the Board of County Commissioners from the Board. IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. BOARD OF COUNTY COMMISSIONERS WELD TY, COLORADO BY: flUft � 2 hairman ATTEST: 7 I/� crecu Weld County Clerk and Recorder and Clerk to the Bo d rThi) rist-ntip -eputy County C�erk :tz: cr ayor , ATTEST: City of G_eele Clerk 3Y : e0erL (CT. !__ 400/ 1 a�� . City Clerk 9$ ORDINANCE NO. 89-O IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS OF CERTAIN SECTIONS, AND THE ADDITION OF CERTAIN SECTIONS TO ORDINANCE NO. 89, WELD COUNTY ZONING ORDINANCE, AS CURRENTLY AMENDED, REVISING AND ADDING CERTAIN PROCEDURES, TERMS, AND REQUIREMENTS. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: WHEREAS, the Board of County Commissioners of Weld County, 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 has the power and authority under the Weld County Home Rule Charter and State • Statute, including Article 28 of Title 30, CRS, to adopt zoning regulations for the unincorporated areas of the County of Weld, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has previously adopted Ordinance No. 89 , Weld County Zoning Ordinance, establishing a comprehensive revision of the zoning regulations and zoning maps for the unincorporated areas of the County of Weld, and has adopted amendments in Ordinances No. 89-A through 89-N, and WHEREAS, said Ordinance No. 89, as amended, 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 Weld County, Colorado, that certain existing sections of said Ordinance No. 89, as amended, are repealed and re-enacted, with amendments, and that various sections are added or revised to read as follows: Page 2 ORDINANCE #89-O Amend the definition for STRUCTURE to read: STRUCTURE : Anything constructed or erected with a fixed location on the ground or attached to something with a fixed location on the ground, but not including fences or walls used as fences less than six (6) feet in height, poles, lines , cables or distribution facilities of public utilities . Amend the definition for UTILITY SERVICE FACILITY to read: UTILITY SERVICE FACILITY: Public Utility mains , lines, substations , gas regulator stations, PUBLIC lift or pumping stations for domestic water and sanitary sewer service, and accessory STRUCTURES where no public office, repair or storage facilities are operated or maintained. Add a new Section 31 .2.22 to read: One microwave, radio, television, or other communication transmission or relay tower 70 feet or less in height per LOT. However, while in use, an amateur (HAM) radio operator's crank-up antenna may be extended to a maximum of 150 feet in height provided that its resting or "down" position does not exceed 70 feet in height. More than one tower may be permitted as a Use by Special Review. Amend Section 31.4.11 to read: One or more microwave, radio, television, or other communication transmission or relay tower over 70 feet in height per LOT. 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 portion. The Board of County Commissioners hereby declares that it would have passed the Ordinance, and 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 and invalid. Page 3 - ORDINANCE _#89- 0 . The above and foregoing Ordinance No. 89-0 was, on motion duly made and seconded, adopted by the following vote on the day of , A.D. , 1988. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Gene R. Brantner, Chairman BY: C.W. Kirby, Pro-Tem Deputy County Clerk APPROVED AS TO FORM: Jacqueline Johnson Gordon E. Lacy County Attorney Frank Yamaguchi FIRST READING: May 25, 1988 PUBLICATION: June 1, 1988 SECOND READING: June 15, 1988 PUBLICATION: June 15, 1988 THIRD READING: June 29, 1988 PUBLICATION: June 29, 1988 Effective date: July 4, 1988 /fit ,4A) L S Z O AjidaL•i1 of Publication ' �. t. ::: . w at e a Mt- STATE or COLORADO) Cou•^•ty o tt'cld) ss. A. TJinkler Riesel ' ``.. _.mStir, vi.:Cosh:%o' V..•Id betni;dtIv %unrn s.; ,hat I - #''-r ' . . 'z M* public nt >:Platteville Herald ' ► tLJ'.the' same is a wre-kh nemspa;w t(Jr g'ncr3l W*' nroC ` - crulauon u•as pp-•-•-d and published to the - - •- Lailimi tea o`. .._ _ In Yid CO l:•t a:,C 5::,'•• I:.d: :tie•Doti('V:Advcc-Y Mr ^ . . :. en: o .:ch 'h,. 4, n, \vC:s a:rue cop\ .^.as x^k9,r bcrn pcbshrd sa C urc:;''. reuspt:pc.r •... • ^- t. Three consecutive ,..).Airareir1441ttift u;ces: that. the not,:c was published ir. the - ^ fcc_u:ar and c^"-c. issue of every nurn5Cr of said .'. 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J1ty'7p.eM{.A " lr. saw.;.- r: 430.4rasiniSSISSAWagleix, M- .r„ ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: MAY 25, 1988 DOCKET # 88-26 AMEND USR TO INCLUDE DOG KENNEL - CATHERINE W. CARIASO DOCKET 4 88-27 PRELIMINARY HEARING - NORTHMOOR ACRES LOCAL IMPROVEMENT DISTRICT DOCKET # 88-18 AMENDMENTS TO WELD COUNTY ZONING ORDINANCE . - NAME c ADDRESS HEARING ATTENDING LA,,,cc 1\1 ' A ot1 206os- l` 4;th T leinbgbca3 ` DS yrr kT --flOZtnrr. or S'"I) • {5th .l d . i1'Cu-n?C i-,t cicoorS l�Ct Ci- c tt111��tA.t in Co n inl r s c e tm c� 12 °`` ,-g u ra-ralta aim - a,PL-n-r. /J f5 ..,,%_t €\ a b O'i 7 ,z�-�',,-o-t�-, ?r��v�l 4_u..1 Cr o A/G H T 444,r,(fiac.p carP.✓Y- :9l • ' chl.n k __\ kc(Q-CS 7c4 ?O S•��\tr l 0 - c)cnne)Vit-n MciVor 4;r� Eu� i , L. 1, J E.,AN ev0O (t/ dti ef S UR J nJwslo„„„ ola, .-�ie,d aa n/ /7 roRihrlootz c$prhtlr4 ThomprrA c906t/2 d41rii to et Jr/1ns zory Oa- �nieroo'eSrncT 0/ST Af0f-}i• Ken r LAC(ew. C S,t stt, QC57EI/vntiKo. �-f . Jo kilts-low yt cr- . :cal ri 17i fr Et(�1v((��I. 11 ^(\1,. pp n 11 ,1 0Ort�rn«r b ,.l.Vt�, `jA Rh 2O1ti �' yy.pp-. 2tn iPNwtivC \ h - tMinvcni.-..T D.;si. F 1e ,t c ePN _{Ch/'i'6Signi - a$.e/nic/I iccia A 4//1ri2 1I 57/6 Ali.7J64i,i/r! - -r ',^,ro ac,• / 1 a 0 16< eveee/S N e R H ma R /VANC�I 1Y1R�TIn1 G'f} ,�. ��t.7s7aw,c� Co. =rmeg„.i4mn.:r flrzr- _� .t (• 4 . .-.-_ •1- C -: -,-,; li ' tk .mot Si Aj(` l{t,l,r� \, fiA �xc . ��-.Nc. � -`. �. . .� , . .. .._: ,. a..3,--co.—c.... 21 �. 01 0 0 h% /) 1't04W ifaC. i-i-71L7Z.A--,-L---', C,. �n limn .- .--'- ./ .Lc—tr KFa- , -Tvnco ccv ss (90 r,gC-;), betd - i-- in 7* ox �.�So co ,:,`� Soc a¢P• A,,,,a :c,- QiuU Cc\..& tit kK- t c' 4-/ GA (.2 A/4y L Dyy14 Vr,R V /74071..-11 r.P rPlt-LC 'DC 7r _ a- gg $ 4/Ct.tc'Ac % l' 7 _ i' , G' 0 NOTICE OF PUBLIC HEARING Docket No. 88-18 The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at 2:00 p.m. on Wednesday, May 25, 1988, in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, for the purpose of amending the Weld County Zoning Ordinance as summarized below: STRUCTURE Definition: Removes the words "or other transmitting" from the existing text. UTILITY SERVICE FACILITY Definition: Removes the words "no more than two (2) microwave, television, radio, or other communication towers," from the existing text. Section 31.2.22 Establishes one microwave, radio, television, or other communication transmission or relay tower 70 feet or less in height per lot as a use by right in the Agricultural Zone District. Permits an amateur (HAM) radio operator's crank-up antenna to be extended to a maximum of 150 feet in height provided that its resting or "down" position does not exceed 70 feet in height. Section 31.4.11 Requires a Special Review permit for one or more microwave, radio, television, or other communication transmission or relay towers over 70 feet in height per lot in the Agricultural Zone District. All persons in any manner interested in the proposed amendments to the Weld County Zoning Ordinance are requested to attend and may be heard. Materials pertaining to the proposed amendments are available for public inspection in the office of the Clerk to the Board of County Commissioners, Third Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, Monday through Friday, 8:00 A.M. to 5:00 P.M. , BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: April 18, 1988 PUBLISHED: April 21, I988, in the Johnstown Breeze Add this sentence at the end of Section 31.2.22 More than one tower may be permitted as a Use by Special Review. • AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO i COUNTY OF WELD l I,Clyde Briggs,do solemnly swear that I am publisher of The Johnstown Breeze; ` that the same Is a weekly newspaper 't printed, in whole or in part, and published in the County of Weld, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in County of Weld for a period of more than 3 fitly-two consecutive weeks prior to the first publication of the annexed legal notice or advertisement• that said newspaper has s�F� irwc airtbeen admitted to the United States mails as .# a ' second-class matter under the provisions of �:�. the Act of March 3, 1879, or any �wt.x;: amendments thereof, and that said • newspaper is a weekly newspaper duly °`"-;'t �" legal notices and a:: : .. qualified for publishing B le advertisements within the meaning of the laws of the State of Colorado. ++ " "' ' :' That the annexed legal notice or advertise- meat was published In the regular and a. entire issue of every number of said weekly ' ., . • en newspaper for the period of consecu- -*+•' 1Nt°r ., z ti.ve Insertions; and that the first � Y. _ • publication of said notice was in the issue of "' ^ said newspaper datetliti A.U. isi , ` ', ; . and that the last publication of said.notice �'�*. ° was In the Issue of said newspaper dated . _M • In witness whereof I have hereunto set ** of my hand this ...2r./.... day of .03/9-- 4 A.D. 19.2 ro 4. . 51117, Publisher .. Subscribed and sworn to before me, a ' $ K - Notary Public in and for the County of Weld.State f C loft gghis 21... day of L.^� /g� fc—s.+.. / � 3'� !{ Notary Public_ ea > !Cy commission expires pa " MY Commission resJuge 14,Idly i; , � 2S: 0anshnnkven� Ina► •ts DATE: April 18, 1988 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 25th day of May, 1988, at 2:00 P.M. Docket No. 88-18 - Amendments to the Weld County Zoning Ordinance OFFICE OF THE CLER TO THE BOARD BY: �.LT/"! Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD LINTY, COLORADO Air • • Surr_ary of the Weld County Planning Commission Meeting April 5, 1988 Page 3 access will be provided across the PUD District to the existing oil well in the northeast corner of the district. This addition to the application will be approved by the Department of Planning Services' staff. Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Bud Halldorson - yes; Ernie Ross - yes; Jerry Burnett - yes; Ivan Gosnell - yes; Louis Rademacher - yes; Paulette Weaver - yes; Lynn Brown - yes; Mn Garrison - yes. Notion carried unanimously. The Chairman asked the applicant's representative if they had reviewed the recommendations and conditions set forth by the Department of Planning Services. Don Warden stated they have no objections to these items. NOTION: Lynn Brown moved Case Number-Z -443 for Weld County for a Change of Zone from , Agricultural to a Planned Unit Development zone district for County government facilities, C-3, and I-2, uses be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation as outlined by the Department of Planning Services staff, the conditions as outlined by the staff and amended by the Planning Commission, and the testimony heard by the members of the Planning Commission. Motion seconded by Paulette Weaver. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Bud Hallderson - yes; Ernie Ross - yes; Jerry Burnett - yes; Ivan Gosnell - yes; Louis Rademacher - yes; Paulette Weaver - yes; Lynn Brown -- yes; Ann Garrison - yes. Motion carried unanimously. YCONSIDER PROPOSED AMENDMENTS TO SECTIONS 2C and 31 OF THE WELD COUNTY ZONING ORDINANCE. Chuck Cunli£fe, Director, Department of Planning Services, read the recommendation of the Department of Planning Services into the record. The proposed changes co Sections 10 and 31 of the Weld County Zoning Ordinance pertaining to communication towers. Section 31.5.5 has been dropped from the proposed amendments: The Chairman called for discussion from the members of the audience. Summary of the Weld County Planning Commission Meeting April 5, 198E Page 4 The Chairman called for discussion from the members of the audience. Allan Cunningham, interested citizen, feels the proposed amendments would do a good job of monitoring proposed towers. Theodore Schrage, interested citizen, felt only commercial towers should have special review permits. He reviewed the regulations regarding towers for Adams, Boulder, and Larimer Counties. Frank Hockersmith, interested citizen, felt only commercial towers should require a use by special review. Joe Johnson, interested citizen, feels anything that is not strictly for personal use should require a use by special review. Kent Douglas, Weld County Amateur Radio Society, Emergency Services, reviewed the ham radio operator's opinions concerning the proposed changes in the Zoning Ordinance. AMENDMENT: Paulette Weaver moved ham radio operators be allowed to install radio towers up to 70 feet in height to accommodate broadcasting on the 20 meter band. Motion seconded by Ernie Ross. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Bud Halldorson - no; Ernie Ross - yes; Jerry Burnett - no; Ivan Gosnell - no; Louis Rademacher - no; Paulette Weaver - yes; Lynn Brown - yes; Ann Garrison - yes. Motion is a tie vote. Lee Morrison announced a tie vote constitutes a failed motion. X:ENDN.ENT: Bud Falldorson moved all radio towers over 70 feet in height shall require a Special Review permit. Motion carried by Jerry Burnett. The Chairman called for discussion from the members -of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Bud Halldorson -,yes; - Ernie Ross - yes; Jerry Burnett - yes; Ivan Gosnell - no; Louis Rademacher - no; Paulette Weaver - no; Lynn Brown - yes; Ann Garrison - yes. Motion carried with five voting for the motion and three voting against the motion. � � • • Summary of the Weld County Planning Commission Meeting April 5, 1988 Page 5 AMENDMENT: Paulette Weaver moved radio crank-up communication towers may have a resting height of 70 feet and a maximum crank-up height of 150 feet for amateur ham radio operators only. Motion seconded by Ivan Gosnell. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Cct ission for their decision. Bud Haliderson - yes; Ernie Ross - yes; Jerry Burnett - yes; Ivan Gosnell - yes; Louis Rademacher - yes; Paulette Weaver - yes; Lynn Brown - yes; Ann Garrison - yes. Motion carried unanimously. Chuck Cunliffe submitted into the record a list of agencies and individuals sent referrals regarding the proposed amendment. AMENDMENT: Ernie Ross moved Section 31 .3.11 be changed to Section 31 .2.22 and 31.2.11, as proposed, be deleted. Any tcwer less than 70 feet in height would be considered a use by right according to the definition of uses by right in Section 31 .2.22 of the Weld County Zoning Ordinance. Motion seconded by Louie Rademacher. Tape 317 - Side 1 The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Bud Ealldorson - no; Ernie Ross - yes; Jerry Burnett - yes; Ivan Gosnell - yes; Louis Rademacher - yes; Paulette Weaver - yes; Lynn Brown - no; Ann Garrison - yes. Motion carried with six voting for the motion and two voting against the motion. MOTION: Ivan Gosnell moved the proposed amendments to the Weld County Zoning Ordinance as presented by the Department of Planning Services' staff and amended by the Planning Commission be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation of the staff and the testimony heard by the members of the Planning Commission. Motion seconted by Ernie Ross. a • • Summary of the Weld County Planning Commission Meeting April 5, 1988 Page 6 The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Bud Halldorson — yes; Ernie Ross — yes; Jerry Burnett — yes; Ivan Gosnell - yes; Louis Rademacher - yes; Paulette Weaver - No, she feels there is a need to define commercial towers; Lynn Brown - No, she does not feel comfortable with this proposal. Ann Garrison - yea. Motion carried with six voting for the motion and two voting against the motion. 4:25 p.m. Bud Halldorson and Jerry Burnett are excused from the remainder of the meeting. CASE NURSER: None APPLICANT: ARA Devcon, Incorporated REQUEST: Site Application for the construction of a lift station and sewer lines. LEGAL DESCRIPTION: SE} SE} of Section 9, T5N, R65W of the 6th Y.M., Weld County, Colorado LOCATION: East of the City of Greeley, south of 18th Street, and west of Birch Avenue APPEARANCE: Art Uhrich, P.E., Nelson Engineers, represented the applicant. This request is for a lift station and forced main. Currently, the applicant has five septic tanks and one leach field, and they now want to go onto the City of Greeley Sewer rather than repair the existing system. • The Chairman called for discussion from the members of the audience. There was none. The Chairman asked the applicant if he had reviewed the recommendation and conditions as outlined by the Department of Planning Service. He stated he had and has no objections to them. The Chairman asked Mr. Uhrich if he had any objections to the recommendation and conditions being filed with the summary rather than being read into the record since there is no dissension from the audience? The applicant had no objections. MOTION: Paulette Weaver moved the request for ARA Devcon, Incorporated, be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation and conditions as presented by the Department of Planning Services' staff and the testimony heard by the Planning Commission. Motion seconded by Ernie Ross. BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ivan Gosnell that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resovled by the Weld County Planning Commission that the proposed amendments to Sections 10 and 31 of the Weld County Zoning Ordinance be recommended favorably to the Board of County Commissioners for the following reasons: 1. The existing Zoning Ordinance is in need of revision. 2. The proposed sections will be consistent with the future goals and needs of the County as set out in the Weld County Comprehensive Plan. 3. The proposed amendments will be consistent with the over all intent of the Weld County Zoning Ordinance. Motion seconded by Ernie Ross. VOTE: For Passage Against Passage Bud Halldorson Paulette Weaver Ernie Ross Lynn Brown Jerry Burnett Ivan Gosnell Louis Rademacher Ann Garrison The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the proposed amendments to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on April 5, 1988, and recorded in Book No. %I of the proceedings of the said Planning Commission. Dated the 7th day of April, 1988. *CDC\ Bobbie Good \ Secretary • s PROPOSED AMENDMENTS TO THE WELD COUNTY ZONING ORDINANCE AS AMENDED BY THE WELD COUNTY PLANNING COMMISSION Amend the definition for STRUCTURE to read: STRUCTURE: Anything constructed or erected with a fixed location on the ground or attached to something with a fixed location on the ground, but not including fences or walls used as fences less than six (6) feet in height, poles, lines, cables or distribution facilities of public utilities. Amend the definition for UTILITY SERVICE FACILITY to read: UTILITY SERVICE FACILITY: Public Utility mains, lines, substations, gas regulator stations, PUBLIC lift or pumping stations for domestic water and sanitary sewer service, and ACCESSORY STRUCTURES where no public office, repair or storage facilities are operated or maintained. Add a new Section 31 .2.22 to read: One microwave, radio, television, or other communication transmission or relay tower 70 feet or less in height per LOT. However, while in use, an amateur (HAM) radio operator's crank-up antenna may be extended to a maximum of 150 feet in height provided that its resting or "down" position does not exceed 70 feet in height. Amend Section 31.4.11 to read: One or more microwave, radio, television, or other communication transmission or relay tower over 70 feet in height per LOT. 4/5/88 • S AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE.OF COLORADO 1 ) ss - COUNTY OF WELD ) I,Clyde Briggs,do solemnly swear that I am publisher of The Johnstown Breeze; that the same is a weekly newspaper printed, In whole or in part, and published in the County of Weld, State of Colorado. and has a general circulation therein; that r' r•a• b 4«� r said newspaper has been published � *^ '" continuously and uninterruptedly in said County of Weld for a period of more than „." .• ..i.' ;, 4 ,Y- fifty-two consecutive weeks prior to the ji first publication of the annexed legal notice or advertisement- that said newspaper has . been admitted to the United States mails as ^" .h M . second-class matter under the provisions of ...c.-,..„- r -d� !,e, the Act. of March 3, 1379, or any amendments thereof, and that said r6a newspaper Is a weekly newspaper duly qualified for publishing legal notices and Madvertisements within the meaning of the %-, ., laws of the State of Colorado. That the annexed legal notice or advertise- ment was published In the regular and :r4r? entire issue of every number of said weekly .- *11 $.' r - newspaper for the period of consecu- ;+ live insertions; and that the first ;_ � - publication of said notice was in the issue of ,.--;-.. said newspaper duted.friWi A.U. 1b9W and that the lust publication of said notice ur was in the issue of aaid newspaper dated a3rsi'... ., A.D. 19..`.x`4 . d� r '} • In witness wheteof I have hereunto set A my hand this ....d./.... day of .f?.tfi--- , ,. A-D. 19isa • ‘*292525 % Publisher ,7.,•- r. �� ;, : Subscribed and sworn to before me, a , Notary Public In and for the County of Weld.State of Colorald,this.2L--- day of ,/�Jla. ... A.D- 1 ."--- tal el- Notary pttblic- y y` 7* ;,x My commission expires ` , -3s June 14,19.91 991 fi 8�. Jo`nstown,CO 30524 • TOWER REFERRALS Mr. Ed Tepe, Director Boulder County Land Use Department P.O. Box 471 Boulder, CO 80306 Ms. Barbara Johnson Airport Planner Federal Aviation Administration 10455 East 25th Avenue Suite 301 Aurora, CO 80010 Theodore H. and Ruth M. Schrage 0866 State Highway 60 Loveland, CO 80537 Alan Cunningham 0443 Weld County Road 48 Berthoud, CO 80513 MCI Telecommunications 707 17th Street, Suite 4200 Denver, CO 80202 Mr. Ted Ring Real Estate Department U.S. West New Vector, Incorporated P.O. Box 7329 Bellevue, WA 98008-1329 Cellular One Mellon Financial Center 1775 Street, Suite 2110 Denver, CO 80202 Rich Estreich Weld County Coununications Tri—State Generation and Transmission Association, Incorporated 12076 Grant Thornton, CO 80209 Mr. Henry Baker, Planning Director Larimer County Planning Department P.O. Box 1190 Fort Collins, CO 80521 Mr. Rob Coney, Planning Director Adams County Planning Department 4955 East 74th Avenue Commerce City, CO 80022 • Tower Referrals Page 2 Mr. Larry Keith Public Service Company of Colorado 5909 East 38th Avenue Denver, CO 80207 Amateur Radio Emergency Services Group c/o Kent Douglas P.O. Box 2190 Windsor, CO 80550 • EMORnnD rr To Weld County Planning Commission o,.t April 5, 1988 v'r � �+ T^ Department of Planning Services v�'.'v'Ll�Ay� From p Subject: Proposed Amendments to Sections 10 and 31 of t e Weld County Zoning Ordinance — The Department of Planning Services recommends that the proposed amendments be approved for the following reasons: 1. The existing Zoning Ordinance is in need of revision. 2. The proposed sections will be consistent with the future goals and needs of the County as set out in the Weld County Comprehensive Plan. 3. The proposed amendments will be consistent with the over all intent of the Weld County Zoning .Ordinance. CAC:rjg a SECTIONS OF THE WELD COUNTY ZONING ORDINANCE AS THEY CURRENTLY EXIST. STRUCTURE: Anything constructed or erected with a fixed location on the ground or attached tc something with a fixed location on the ground, but not including fences or walls used as fences less than six (6) feet in height, poles, lines, cables or other transmitting or distribution facilities of public utilities. UTILITY SERVICE FACILITY: Public Utility mains, lines, substations, gas regulator stations, PUBLIC lift or pumping stations for domestic water and sanitary sewer service, no more than two (2) microwave, television, radio, or other communication towers, and ACCESSORY STRUCTURES where no public office, repair or storage facilities are operated or maintained. 31.4.11 }fore than two (2) microwave, radio, television or other communication towers, or any tower over 199 feet; 2 3d 1 *Ism inkToPlanningCommissionoetBMarch 15, 1988 COLORADO From Department of Planning Services 0 .CA Scia_^, soeizot: Proposed amendments to the Weld County Zoning Ordinance The amendments are summarized below. STRUCTURE Definition: Removes the words "or other transmitting" from the existing text. UTILITY SERVICE FACILITY Definition: Removes the words "no more than two (2) microwave, television, radio, or other communication towers," from the existing text. Section 31.3.11 Establishes one microwave, radio, television, or other communication transmission or relay tower below 60 feet in height per lot as an accessory use in the Agricultural zone district. Section 31 .4.11 Requires a Special Review permit for one or more microwave, radio, television, or other communication transmission or relay towers over 60 feet in height per lot in the Agricultural zone district. • • PROPOSED AMENDMENTS TO THE WELD COUNTY ZONING ORDINANCE Amend the definition for STRUCTURE to read: STRUCTURE: Anything constructed or erected with a fixed location on • the ground or attached to something with a fixed location on the ground, but not including fences or walls used as fences less than six (6) feet in height, poles, lines, cables or distribution facilities of public utilities. Amend the definition for UTILITY SERVICE FACILITY to read: UTILITY SERVICE FACILITY: Public Utility mains, lines, substations, gas regulator stations, PUBLIC lift or pumping stations for domestic water and sanitary sewer service, and ACCESSORY STRUCTURES where no public office, repair or storage facilities are operated or maintained. Amend Section 31 .3.11 to read: One microwave, radio, television, or other communication transmission or relay tower 60 feet or less in height per LOT. Renumber existing Section 31.3.11 to 31.2.12 with no changes to the text. Amend Section 31 .4.11 to read: One or more microwave, radio, television, or other communication transmission or relay tower over 60 feet in height per LOT. 3/15/88 I • • ! RESOLUTION RE: ACTION OF THE BOARD CONCERNING PETITION REQUESTING AMENDMENT TO WELD COUNTY ZONING ORDINANCE WHEREAS , the Board of County Commissioners of Weld County, 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, a petition has been submitted to the Board recuesting hearings to consider amending a certain portion of the Weld County Zoning Ordinance, and WHEREAS, the Board deems it advisable to refer said petition to the Department of Planning Services for its recommendation. NOW, THEREFORE, AE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove mentioned petition be, and hereby is, referred to the Department of Planning Services for its recommendation. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the Ilth day of January, A.D. , 1988 . . BOARD OF COUNTY COMMISSIONERS ATTEST: j t u.ta-Vii:tz\! A4n1& ) WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Gene R. Brantner, Chairman CEY. tic.,u s � /, i C.W. 'Kirby, Pro- em eputy County Clerk \ APPROVED AS TO FORM: Q.1:acquei e J hnso Gord _ c acy j -rr,c County Attorney � �•, / mac ;;;' 't Frank Yamaguchi V. !ff±ff°_ILL 11 7.Y: �: ;.;_ .,� fteht Co. PgeouP3uaLtiw JAN 71988 j l PETITION we, the following residents of Weld County, Colorado, hereby petition the Weld County Board pf County Commissioners and the Weld County Planning Commission to hold public hearings regarding the installation of tower based telecommunication facilities within Weld County. We ask for public hearings for the following reasons: 1. We object to Part 31.2 of the Weld County Zoning Ordinance which allows the installation of up to 2 (two) tower based facilities less than 200 feet high on any legal parcel in the A zoned districts of the County. We believe that such facilities can create substantial damages to property values and have other potential damaging effects to the citizens of Weld County and therefore the zoning ordinance should be revised to provide that all such facilities, regardless of height or numbers of towers, shall be subject to public hearings and discretionary review by our elected representatives. 2. Neighboring counties along the Front Range of Colorado have existing regulations for telecommunication facilities less than 200 feet in height which provide the opportunity for public review and elected representative approval of such installations. Owners and operators of such facilities target Weld County as a "safe haven" due to the lack of regulations which results in a greater and potentially unnecessary impact to the citizens of Weld County. THEREFORE, in the interest of the public health, safety and welfare, we request that the Weld County Board of County Commissioners and Planning Commission convene a public hearing at the earliest possible date in order to receive public input and consider revising the current Weld County Zoning Ordinance to allow public input and elected official approval prior the the future installation of additional tower based telecommunications facilities in Weld County. 880025 NAME ADDRESS COUNTY DATE f /�rr _w�"�C„,,,,c--, Gr, ,,h a t. &c-o cic�� 1� -c ry /9�� J ' C ,. ) 7--oJ,c i•v J a C 8-6 b -dtz-: 74, c/ :t co. i(�..z. r9 . •5G//96 Dc- A`///4,167‘,. O ! �C S�Y_'Z /6 t� ! '0' Lc..,/G�/ 4,.37 ez,. .I�lc 3� I ii Ka�X �lnlp ,�r /f. fv 1 .v�-h� !'d bit/Xi-€/-7% 0U ..., Gt e,L -- 3 C.C. t-t,n, (, i ', ,-J c (-3 1ai047 11,._� Ix rz-�`\ Z ztiuw CS C F. F�u� -C z C kJN.,. LthCrZ,A=_ > / of; 7 / -- p C1 .,]L 7n/iY21e- --i 9` Z ..hi SCji.� -i' 4:A � f� :Willi :/�`c...2i(• M/34; C- 1 s 4 !'- Ai 11 yi. L.4' lb , a L qJ7rl ( .. t o 20117:P 7 7 4-L ai( I z-:2 S`,, f' ;1/42:.07 Go .i,ruz-G.—d'1 c'.. • D'6 C31 /a-JAS.? -" , C4„u,..� r �� i/l 4 - 2 i a j./ / / ; / r • f^ >- 3 '7 /? J ,- r7 z`_, -/'�-i,� y •r, r' G '• -P c11. y c7 / z = - 7 U , e, ty--)w-f,a- 1/4 LA _i -33.2-I Gc/G*Jill -✓• -„ez-t l7��c'��] �2/.r7 ae„zi& 1,;/ ^., � .t35is s/ iSi] t-% rM�/ /d. %-. - 3kap D a.nX � a .h�73s/8 w c id / �r Ala�. .L'� /-2-f c. ; i ; J Gcyl/` �( ' I /a, y£ ` y� /•4-� �rz �� nr lsp� q ��ilcil (-</dlee/I.' /-L2./ ;43S-2) .,1� C"k-'-L /� K' /- �;"l. or /f2,/�7S �� i - 2 3 1 741 5�1,�1 /- 7-d'' -1 r>---74/•L. 5 (t' ‘, /' / ...z-'.-...mot 9 lr.. -1-/e . 2.Y(co'cR1 `o✓cGINSj lilt-2 f5 .L l�c.�.�--r e)16-As "verse a<</tezeo goloc -73 //eF / 1 c C/ ' e / _ ' ei.s.7 4 fe , /—1 - "j ..03.22L 24-,14 /G� £.S>v2 zV/-1 r A t 1 - '_� 4. NAME ---- ADDRESS COUNTY DATE !2G` 1/ti'J r i•-ety. g y6 c /- y-4'? iL'22ca t 07%Jho- -�- ( r ,: .�eJeasa A46O Z(.) l -4/— ' y r"cJ1i0 re?,Q / fdEL PS.` ss • • • JAN 71988 We, the following residents of Larimer County,Colorado, hereby find the attached Petition is in the best interests of Larimer County residents residing in close proximty to Weld County and therefore ask the Weld County Board of County Commissioners and Planning Commission to hold public hearings and consider revising the Weld County Zoning Ordinance as requested . NAME ADDRESS COUNTY DATE ( t' c t t --Y7�wrs 1 / / • ,' 4. L♦ ` 7,..- , ,..7_. .7 ;K. /:,,..:,: r� L' ' f%../7/7 ;J i -i , :1 .,_ . /.-'/rr/�j c77a't-K/ 14-L. 9/0.3 e. Co £ /fZ .7- -.4.-e-c.o„,.s.A /-1-73 o/8 7 -,! „'++f, '"D74,/: A /O3 C en (fq /( a,-tiL'y , W30/87 i57 7../=.1/ / J ^l�/6��,!�L/ Zi�t---.L, /9 ---Z"--e/��.///l A.--4---;-, Left / -.2 -S)C i . t C..ti Wien.», 4 933 S Co. ;j�I I 2,-4—.` Lv y,,„ / 2 - ..5-. ; ,rnl.� ,/iLT--ina4 1G33 �L1' i/ 34:7C t/1 ",..n✓tor(q ♦ 12-y5 ( € t &ePY s M3 S C u Ki 1s .. J, ,4 z.. /-2 _re 4 ...v , :A) -:l,- i Se, C:, ,?/// 's "C.---°9,. / , /,.,,,_____, % — 2 - j'r r, -/f --/ -, .:2 307 ,_,,,, i 3 f f.�./ .,�. 1 / 7 Az.- L 1-',:( 1 3 Cc" i / Z _/ a l:2S^ l _/� iv e/L / tea, rYr_-t11� c3-3��`cJS� } l '-O� ✓ -�1 — l • et). `„ren - to Las-+•Mt ✓' Co,mil /__36O +. ,,-. 7.1.,,....,,,_c_ A(kJ 7 5. C. /4l i 3 _ -,- C�„ ' ( 3/k1 ay , _ I�}/._!//_/rtz kride„ ...,_—/,3Q U Z£L _l't �` !L�.n 2 Cn n 1-3--1-; �� /'J(/ • �' r, 4: ,/,,,,, / - `, .^ ir4: - //7.7"x/7-72.-1 Yf, ;f .S - %11„nl aft nztiu tic; // --v-gs- C�� " \•� "r•7 lc �^ ,,� -,>7- I,C!.X\�Rc� - U- 9\er a0 1--9-331 71/L An-) f- i:,.---1,...t \�OS ill N0 ,sit. i!o•JCLAivt -2,14,-„,,- ? QCT. 1'4-V l • • NAME ADDRESS COUNTY DATE ./ MeQt{rZ ;4 1) 13 S, Fy24cp ICor $A( e-- / - S` r Q? �- "C?1.1,-;:r /VA7 -r Cm L nci fv.• /- y- S',? 4.t4/�//_..� � J 1 • • Alan Cunningham 0443 WCR #48 Berthoud CO 80513 532-367Z 1/10/88 To the Board of County Commissioners Weld County REF: TOWER(S) As requested by Commissioner Yamaguchi , attached is a list of suggested language changes to the Weld County Zoning Ordinance which l believe are necessary and desirable. A literal interpretation of the current language may allow 199-feet-tall towers in all Zoning Districts including Residential as a Use gi Right_ Clearly, this could not be the original nor current intent of this Ordinance. Accordingly, these changes should be introduced and adopted as soon as possible. • Sincerely, Copies to: Theodore H. Schrage • Weld County Dept. of Planning Services V Weld County Attorney Loveland Reporter Herald, Attn: Rod Gerlach Greeley Tribune • • JAN 12 7988 ;Feld CO- !rlaronutt w'WmnCia,. • Suggested Language Changes to the WELD COUNTY ZONING ORDINANCE Sect. 10. 1 S. (Page 10-20) : STRUCTURE: ". . . or other transmrtt*ng . . . . " Sect. 10. 1 U. (Page 10-21) : UTILITY SERVICE FACILITY: ". . . no mre than two *2} microwave; te-evi-si-art; radio or other communication towers:. . . Sect. 31.4. 11 (Page 30-5) : Replace in its entirety with: "Towers and commercial antenna STRUCTURES including: *Microwave, radio, television or other communication towers *Any tower over 199 feet in height *Any tower over twenty-five (25) feet in height the height of which exceeds twenty percent (20%) of the horizontal distance from the tower base to the nearest property line. " • DEPAR•NT OF PLANNING SERVICES rairc " ' p' ?HONE(303)355-4000 EXT.:cv"o 1 c ' -1\ 915 10th STREET Y GREcLcY,CCLC?ADO£063: , t F• COLORADO r fT? 1988 �" February 22, 1988 +i� !( , Iz c0.. ?lama; , rcullS?ith REFERRAL LETTER Re: Proposed zoning ordinance amendments To whom it may concern: The Board of County Commissioners has directed the Planning Staff to develop new proposed regulations for microwave, radio, television, or other communication transmission relay towers in the Agricultural zone district of the unincorporated areas of Weld County. The proposed amendments to the T+eld County Zoning Ordinance are attached. Please use this letter as a response form or send a separate response letter. Responses are to be received prior to March 10, 1988, for consideration by Weld County in the amendment process. If you have questions, please call me. Sincerely, ChC s Chuck Cunliffe, Director Department of Planning Services CC:dn No comment or conflict Please refer to the enclosed letter X Please refer�11. to C the comments below '1 c0,4Tt:i i i=t Cty 'cke1 roretect f.mils"A.I'venks Cj'v( K • CFJ...:ev?i 1I- (1.=-44 kc& r <•- c_c...ei OS 1418 trot inCt ` ..1ck}nce ;`J:.:. I'iti (nuA $"re VIOL:, 4he (Z.mef,A.. s nenk - or ►kel.> * nt tCl'111l(j CICML(\ckinLe,, cm\at€t .c• 5 VA -A •t.-14eres -z /C_:.ncer•ps tc -Ot.: C.,vld co(v:•ci `ckcs t C�)1 *WVtt :d tnunc� tc. C'e -,-...2...------.A. vacvx-eej to f^t=v:t.... t ;\cs �Arrw_4 � c iT _77r..,' • Name of Respondent 'viac‘j(,.(-c. -QY\ ncc-n /t Phone Number .3- 3-f0 5S-a1 Agency _ FAA , -Dw_,'lyet SAO ) (CMSS 5. 3.9" et\-1(- 5.:.-.:1/4-e. 3°. 1 t4.;ccc 1 cc tin 7`iJ,,t; .Cf�.;�. • �f/ W✓+e/�.cc 4 i„...-.) sill rw�U/ DEPARWENT OF PLANNING SERVICES a` , 1, i k PHONE(303)356-4000 EXT.4400 915 10th STREET GREELEY,COLORADO 80631 . , I 0��20212223e9?N. s O \ der co ' e �^"' �YC�i t N COLORADO ia ""'elf pp11 February 22, 1988 i� 4 'v ". ve• • • 'q• REFERRAL LETTER Re: Proposed zoning ordinance amendments To whom it may concern: The Board of County Commissioners has directed the Planning Staff to develop new proposed regulations for microwave, radio, television, or other communication transmission relay towers in the Agricultural zone district of the unincorporated areas of Weld County. The proposed amendments to the ','eld County Zoning Ordinance are attached. Please use this letter as a response form or send a separate response letter. Responses are to be received prior to }larch 10, 1988, for consideration by Weld County in the amendment process. If you have questions, please call me. Sincerely, eh C a r Chuck Cunliffe, Director -Department of Planning Services - S-2 r, s CC:dn 71 ,a y OJ ,3-2 No comment or conflict _n Please refer to the enclosed letter _ a A Please refer to the comments below J. _ 1 ) Name of Respondent ; 2k;:7? tc' -i74j �,r�i77/:l l Phone Number c3v 7—T L/? Agency _ eui iv 7 ("---ti, A-7/11 • • • DEPARNT OF PLANNING SERVICES 54�- PHONE(303)356-4000 EXT,aeon 4x "wlfl 915 10th STREET GREEL EY.COLCRADo 80631 February 22, 1988 REFERRAL LETTER ice: Proposed zoning ordinance amendments To whom it may concern: The Board of County Commissioners has directed the Planning Staff to develop new proposed regulations for microwave, radio, television, or other communication transmission relay towers in the Agricultural zone district of the unincorporated areas of Weld County. The proposed amendments to the ''eld County Zoning Ordinance are attcched. Please use this letter as a response form or send a separate response letter. Responses are to be received prior to March 10, 1988, for consideration by Weld County in the amendment process. If you have questions, please call me. Sincerely, CAWAtkez1/4_,,NS-1+-, ^- Chuck Cunliffe, Director (Emtwi vir Department of Planning Servicesfir r � CC:da ` ,T MAR 8 1988 L J U. No comment or conflict Please refer to the enclosed letter affil Cc. •Aeons ir Please refer to the comments below age. o K- -- Sty 34 3. // Wiz" C4(91 42.0 Name of Respondent � om h� Phone Number U77— 6S-56 Agency it Ctcira .., q tn, LI +u v • • O.1 Public Services Public Service Company of Colorado 5909 E. 38th Ave., Denver, Colorado 80207 March 8, 1988 Mr. Chuck Cunliffe, Director Department of Planning Services f ,- Weld County, Colorado pjiE ]�� 915 10th Street Greeley, Colorado 80631 MAR 1 ti 1388 Re: Proposed Zoning Ordinance Amendments l� Dear Chuck: field CO. PIBQ * iaalIIsl& We have reviewed the proposed text amendments regarding microwave, radio, television or other communication towers in the Agricultural Zone District and offer the following comments for your consideration. The 60 foot tower height may be too restrictive in some situations where line of sight is required for operation. In areas where a topographic high point is in the middle of a field and a 60 foot tower would be adequate, it would minimize the land use impacts to locate the tower at the edge of the field where, depending on topography, a higher tower may be required. We understand that such a situation would likely go through the Special Review process with no problems however, your Special Review process is fairly extensive. Please consider adding language which would allow for a variance for towers up to some height above 60 feet before a Special Review Permit would be required. The setback requirement of one and a half times the height of the tower could also increase land use impacts to agricultural operations. We appreciate the concern for safety and suggest that the structural integrity of a tower be reviewed with the application for a building permit for towers that are uses by right or allowed by variance. The location of towers above these heights would then be reviewed in the Special Review Procedure on a case by case basis. We appreciate the opportunity to provide these comments and would like to be given notice of the public hearings where these proposals will be heard. If you have any questions, or if you would like to discuss our comments, please call me at 329-1163. Sincerely, PUBLIC SERVICE COMPANY OF COLORADO "tarryit l� Land Use Specialist Architectural & Right-of-Way Department LEK/ea IDEPARSNT OF PLANNING SERVICES g.,.......acHaVig ‘ PHONE(303)356-4000 EXT.4400 915 10th STREET GREELEY.COLORADO 80631 l E_ te .. ' w COLORADO NOTICE OF PUBLIC REARING The Weld County Planning Commission will conduct a public hearing at 1;30 p.m. on Tuesday, April 5, 1988, in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, for the purpose of amending the Weld County Zoning Ordinance as summarized below: STRUCTURE Definition: Removes the words "or other transmitting" from the existing text. UTILITY SERVICE FACILITY Definition: Removes the words "no more than two (2) microwave, television, radio, or other communication towers," from the existing text. Section 31.3.11 Establishes one microwave, radio, television, or other communication transmission or relay tower 60 feet or less in height per lot as an accessory use in the Agricultural zone district. Section 31.4.11 Requires a Special Review permit for one or more microwave, radio, television, or other communication transmission or relay towers over 60 feet in height per lot in the Agricultural zone district. All persons in any manner interested in the proposed amendments to the Weld County Zoning Ordinance are requested to attend and may be heard. Materials pertaining to the proposed amendments are available for public inspection in the office of the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Phone: 356-4000, Extension 4400. i .,�C ><y,.yr , { a•, News mediaInformation 202/254-7674 Re ,Y t5. corded fisting of rd and texts 6• Y.. a. - . • t"g 7 202/632-0002 ass FEDERAL COMMUNICATIONS COMMISSION 191P M STREET, N.W. WASHINGTON, O.C. 20554 7125 This is an unotgcial announcement 0$Coreenston action RearaM of The halt bat at a Comm,ll,on order ccnatautes otnci al action See MG. FCC.515 F 2d 365(DC Coo 1975) Report No. PR-9 PRIVATE RADIO ACTION September 18, 1985 FCC DECLARES A LIMITED PREEMPTION OF STATE AND LOCAL REGULATIONS CONCERNING AMATEUR RADIO FACILITIES The Commission has declared a limited preemption over state and local regulations concerning amateur radio facilities holding that there is a strong federal interest in promoting amateur communications. The American Radio Relay League , Inc . (ARRL) naked the FCC to issue a declaratory ruling preempting all local ordinances which provably preclude or significantly inhibit effective, reliable amateur communications . The ARM conceded that the local authority could enact ordinances designed to ensure the safety and health of persons in the community, but argued that such regulations could not preclude effective amateur communications. While recognizing that there are certain general state and local interests which may legitimately affect amateur radio facilities, the FCC said that state and local regulations which preclude amateur eoannunications are in direct conflict with federal objectives and must be preempted. The Commission declared that local regulations which involve placement, sereening or height of antennas based on health, safety or aesthetic considerations must reasonably accommodate amateur communications and represent the minimum practicable regulation to accomplish the purpose of the local authority. _ Action by the Commission September 16, 1985, by Memorandum Opinion and Order (ICC 85-506). Commissioners Fowler (Chairman) . Quello, Dawson and Patrick, vith Commissioner Rivera not participating. -FCC- For additional information contact Maurice .5. DePont at (202) 632-4964. • o Goan Bxta&z & SMITS PROrCSSIONAI CORPORATION AT ORNCfS AS imp 3500 AMOCO WIGGING 1670 BROADWAY OCNVCR. COLORADO OG2I2 JCFSRCY C.POND 303-0Sh0600 April 1, 1988 Mr. Chuck Cunliffe Director Department of Plannning Services Weld County • 915 Tenth Street Greeley, Colorado 80631 Re: Proposed Zoning Ordinance Amendments Dear Mr. Cunliffe: • On March 2, 1988, I forwarded the enclosed letter to you on behalf of U.S. West NewVector Group, Inc. with respect to the proposed regulations for microwave, radio, television and other communication transmission relay towers in the agricultural zone district of unincorporated areas of Weld County. Those comments were in response to your referral letter dated February 22, 1988. I am informed that your office has been unable tc locate a copy of our comment letter. Accordingly, I am forwarding additional copies tc you for inclusion in the record of this proceeding. Please do not hesitate to contact me directly if you have any questions. Thank you for your assistance. Very truly yours, �1 n Pod Jeffrey C. Pond JCP/tmc Enclosure: As stated cc: Ted King Anne Drebin APR 5 1 1988 i1 • • CouzN Baas$ at Slurs nocnso.i.. coso"nnow ATTdNI,.AT V.. aao0 MOOD.n c MA INCOS.Y OdVpt ODtCMm MfO[ annT G KC"D aOHaT1aOO March 2, 1988 Mr. Chuck Cunliffe Director Department of Plannning Services. Weld County 915 Tenth Street Greeley, Colorado 80631 Re: Proposed Zoning Ordinance Amendments Dear Mr. Cunliffe: This firm represents U.S. West NewVector Group, Inc. and its subsidiaries, U.S. West Cellular and U.S. West Paging ("U.S. West NewVector") . We have been asked to provide you with the comments of U.S. West NewVector with respect to the proposed regulations for microwave, radio, television and other communication transmission relay towers in the agricultural zone district of unincorporated areas of Weld County. Those proposed amendments accompany your referral letter dated February 22, 1988 . The proposed revision to Section 31.5.5 of the Weld County Zoning Ordinance would require that minimum setback and offset for any microwave, radio, television or other communication transmission or relay tower be set at one and one half tunes the height of the tower. U.S. West NewVector believes that such an amendment, particularly if applied in a nondiscretionary manner, could generate results inconsistent with other land use and planning criteria. In general, zoning and land use considerations in Weld County, as in most jurisdictions, encourage the siting of any facility which may result in visual obstruction in areas where the impact is minimized. Because the height and configuration of many communications towers are largely dictated by technical constraints, the most feasible means to minimize impact is to place facilities in close proximity to other existing structures which already result in some visual obstruction; i.e. other communications towers, power corridors, grain elevators, etc. S Mr. Chuck Cunliffe Page 2 The requirement of the proposed revision to Section 31.5.5 . would substantially hinder such "grouping" of elevated structures. Instead, communications towers would, by reason of the setback and offset requirements, stand out in an isolated manner. The result would be greatly enhanced visibility. The Weld County Zoning Ordinances with respect to special review allow the County to take into consideration a variety of land use and planning criteria. Certainly there may be instances where setback and offset requirements, on the facts of a particular application, are consistent with other goals and an appropriate component of the special use decision. However, adoption of a proposed amendment which would not allow for the exercise of discretion may generate a result in conflict with other planning objectives and inconsistent with the interests of the applicant, the public and the zoning process alike. U.S. West NewVector Group appreciates the opportunity to have input with respect to this process. If you have any questions concerning the matters set forth in this letter, please do not hesitate to contact the undersigned at any time. Very truly yours, P Je£ rey C. Pond JCP/tmc W�L .',•,tip+ �J�y :• r � � .S ��"' cu1i' •• y l �... ..gel• ,,,�-- ,�l?r, ,> .. ` • W ,.1�.•il". rJ Chapter 2 f arioy and exteadan of the amateur's Pravav a sesepaeat of the radio an Fa 80 YC hams have cared yf a tradition ec la A Journey Through Part 97 3e ng have rtnatntd at thevery forefront of technt and building,hams have pioneered advances such a aned.and are currently engaged in state-of-the-art c -raj-spccttutn techniques.Amateurs were among the 1/2 moon to attend signal range.And hams'practical cep lb!ssamai refinements and cost reductions beneficial to the �c saeegrntotrand bnproventent of the Amateur Radio. • pwsdrfaradnmidnj sktUs Lt both theconunictltadon mu Iris the Commission's obligation to se.that the RuI he purpose of this book is to present not only the rules governing Amateur Radn to mac in new direct so they can live up to their pot but to describe them so all licensed amateurs will know their oil communications skills-The are Amateur d to pr is west a firm grasp of the rules,one is able to more fully appreciateAmateurmirR pn and dynamic Rules are needed to provide ft its benefits to the licensee and to the public.Public service,afterall w�Kxt a t .pages.amateurs themselves maY Play an mtpor all about! ,oxat Stayeunedl With this in mind,let's take a brief look at what lies ahead in our journey throws FspiSO a of the edobig reservoir within the Amtan. Part 97. We'll start with the all-important purpose of Amateur Radio. ppr Self-t aini n.roteans and electronic experts.nd Why Is Then Amateur Radio? Self-training.intercommunication and technical ice' ;he name for the Amateur Radio Service—the more r The basic purposes of Amateur Radio are found in Section 97.1,the v manratioas techniques,the greater the cry fir t resou ginning of the amateur rules. wry The base and Du ilil'o found in the very first sectio Recognition and enhancenuns of the value of the amateur service to sp pubic a 'lea a es responsibility on the shoulders of the amatet a voluntary non demand l conof the ation value thce,e particularly withthe c�.txw's responsibility to ensure that amateurs are able t viding emergency con:n unications. respartop► alt rithout interfering with other radio services. To t Probably the best-known as .e/amateurs;an applicant must pass exams in theory, pect of Amateur Radio in the public eye is its ability 1 before a license will be issued authoeling operation in to provide life-saving emergency communications when normal means of comas at With discussion of the basis and purpose behind to down.In hurricanes,earthquakes,tornadoes,airplane crashes,missing person an mar our journey through Part 97. The rules are divit and other accidents and disasters affecting the civil population,Amateur Radio s a,-pendices. The subparts are: often the first contact with the outside world available to an affected area.Red On Subpart A --General and civil preparedness agencies often rely heavily on the services of volunteer radio Subpart B—Amateur Operator and Section Liu amateurs. One of the more noteworthy aspects of our service is its noncommao8 Subpart C—Technical Standards nature. In fact, amateurs are prohibited from receiving any form of payment fa Subpart D —Operating Requirements and Proce operating their stations.This means that hams,whether they are assisting a seam Subpart E—Prohibited Practices and Admiaistr and-rescue operation in the high Sierras,relaying health-and-welfare messages fraa Subpart F— Radio Amateur Civil Emergency Se a disaster-stricken Caribbean island or providing communications assistance at the Subpart G — Operation of Amateur Radio Stab Boston Marathon,make available their services free of charge.We operate our sea- Aliens pursuant to Reciprocal Agreements lions for the benefit of the public,and for our own personal enjoyment.The Amazes Subpart H —Amateur-Satellite Service (ASAT) Radio Service is strictly non-business! Subpart I —Volunteer-Examiner Coordinators Continuation and extension of the amateur's unique ability to enhance brtemadaed The appendices,while not specific rules,contain infora goodwill to maintain compliance with the rules found in the van Hams arc unique—they can travel to the far reaches of the earth and talk sit! appendices later. Let's look at each subpart. other amateurs in foreign countries simply by walking down a flight of stairs to tbev SUBPART A—GENERAL ham shacks.H.G.Wells had his time machine—hams have their space machine In this day and age when international peace and coexistence are so important Subpart A contains the es and purpose of Ama their respective countries as ambassadors of goodwill.Amateur- cad a series of definitions. These descriptions or dal represent to-amateur communications often transcend the nerd down the rules that follow in the other cultural boundaries between sow subparts. Amateur Radio is a teacher in Lincoln,Nebraska,trading stories with a London board ley definitions include ing school headmaster;a tropical fish enthusiast learning about different species in Amateur Radio t Service.ce-A rndti communication: the Amazon River from a missionary stationed in Brazil;it is a means of mainscommunication,and ecnital investigation carriedon friends everywhere. Amateur Radio communication- Non-commererc 2-1 Chapter 2 A Journey ir • • j. TTf 360-N etel; waves would be only 3 degrees. the other 40 feet,could be up to about 20 This Its a negligible difference from the f--o- I o,--.1 miles apart for strong-signal line-of-sight 180-1 care, shift caused by the reflection, t /N// T communication(11 + 9 ml)).The terrain so the I-. ge in effective signal strength �n i�"" is almost never completely flat,and vane- over the path would be very small.But with T R dons along the way may add to or sub- 6-meter radio waves the phase shift with tract from the distance for reliable corn- the same difference in path length would munication.Energy is absorbed,reflected be 180 degrees—and the two rays would Fla.s—Its distance.0,to the hortton from or scattered in many ways, in nearly all an antenna of height H b given by formula u add. Thus, the space wave is a negligible in the text.The maximum iineof-sight distance communications situations. The formula factor at low frequencies,but it is inereas- between two elevated antennae is equal to me or the chart will be a good guide for ingly useful as the frequency is raised.It is sum of their distances to the honzon,as in- estimating the potential radius of coverage a dominant factor in local amateur corn- dieted hen- for a vhf fm repeater, assuming the users munication at 50 MHz and higher. are mobile or portable with simple, Interaction between the direct and omnidirectional antennas. Coverage with reflected waves is the principle cause of 1 x , H,j i i j f"P optimum amts. and equipment, sb or cw is "mobile flutter" observed in local vhf • communication between fixed and mobile "ti°°) ' i r - quite a different manner. A much more stations. The flutter effect decreases once O000 i I� ' , f t C�-; detailed method for estimating coverage the stations are separated enough so that 'I -- on frequencies above 30 MHz is given the reflected ray becomes inconsequential. ■� ! an later in this chapter. The reflected energy can also confuse the aoo I I , ,1 f i ; For maximum use of the ordinary space results of field-strength measurements r,cn wave it is important to have the antenna during tests on antennas for vhf use. soo II as high as possible above nearby As with most propagation enplane- - bo, t ,f i ;., ', to' 1 buildings, trees, wires and surrounding tions, the space-wave picture presented sus terrain. A hill that rises above the rest of here is simplified,and practical considers- I ' 1 f r j I f i E the countryside is a good location for an tions dictate modifications. There is < IO° t ' L.r f rr 11 ' t - amateur station of any kind, and par- energy loss when the wave is reflected S , titularly so for extensive coverage on the from the ground, and the phase of the S°i ' 4• '' li ' 'a frequencies above 50 MHz. The highest ground-reflected wave is not shifted exact- x '°' i ' 1 I f ; I point on such an eminence is not ly 180 degrees, so the waves never cancel zo l r l i f I ' ' c necessarily the best location for the gnat- completely. At uhf ground-reflection a L I ' ! ' '' x ' l }' , '1 net. In the example shown in Fig. 7, the losses can be greatly reduced or eliminated 1 'i : 1., I hilltop would be a good site in all direc- by using highly directive antennas. By °; z L3 ;';'o t p eo SOT°tot,j zoo tions.But if maximum performance to the confining the antenna pattern to 1,,h-CE-MCAT INSTANCE IN WIGS right was the objective,a point just below something approaching a flashlight beam, the crest might do better. This would in- nearly all the energy is in the direct wave. volve a trade-off with reduced coverage in The resulting energy loss is low enough so Fig.8—Distance to the honzon from an the opposite direction. Conversely, an antenna of given height.The solid verve In- thatleftside, lower microwave relays, for example, can eludes the effect of atr,osphenc olfaction. operate with moderate power levels over TM optical bneof-elght distance is given by• down the hill, might do well to the left, hundreds and even thousands of miles. the broken curve but almost certainly would be inferior in Thus we see that, while the space wave is performance to the right. . inconsequential below about 20 MHz,it is Selection of a home site for its radio a prime asset in the vhf realm and higher. otos TRANSMISSION potential is a complex business,at best.A • ear vhf enthusiast dreams of the highest hill. VHF Pr'opagados Beyond Line-of-Sight POOR RECEPTION The DX-minded may be more attracted by From Fig. 4 it appears that use of the ' / / a dry spot near a salt marsh.A wide salt- - space wave depends on direct line-of-sight / water horizon almost smells of DX. In ii,,„ between the antennas of the corn- shopping for ham radio real estate, a municating stations. This is not literally mobile or portable rig for the frequencies . true, though that belief was common in Fig.7—propagation conditions are generally you're most interested in can provide the early days of amateur communication best when the antenna is located slightly useful clues. on frequencies above 30 MHz. When below the top of a hill on the side that faces the distant station.Communication is poor Aadeesa Height tad FOlariattot equipment war built that operated'ern- wren there is•sharp rise immediately in front ciently and antenna techniques improved, of the antenna in the direction of communist If effective communication over long 4 it soon became clear that vhf waves were t1On• distances were the only consideration.we 1 bent or scattered in several ways, permit- ' would be concerned mainly with radiation co J ting reliable communication somewhat of energy at the lowest possible angle beyond visual distances between the two above the horizon. However, being en- stations. This was found true with low where H is the height of the transmitting gaged in a residential avocation often im- power and simple antennas. The average antenna,as shown in Fig.3.The formula poses practical restrictions on our antenna " communications range can be approxi- assumes that the earth Is smooth out to projects. As an example, our 80- and mated by assuming that the waves travel the horizon,so any obstructions along the 160 meter bands are used primarily for A in straight lines, but the earth's radius is path must be taken into consideration. short-distance communication hesanse increased by one-third. The distance to For an elevated receiving antenna the they serve that purpose with antennas that u the"radio horizon"is then given as communications distance is equal to D + are not difficult or expensive to put up. ti Dl,that is,the sum of the distances to the Out to a few hundred miles, simple wire D(mi) = 1.415 V H (ft) horizon of both antennas. Radio horizon antennas for these bands do quite well, or distances are given in graphical form in even though their radiation is mostly at Fig. 6. Two stations on a flat plain, one high angles above the horizon. Vertical a D(km) = 4.124 t/H (m) with its antenna 60 feet above ground and systems might be better for long-distance 1-4 Chapter 1 I • use, but they require extensive pound above 50 MHz, so there has never been systems for optimum performance.• complete standardization on any one of z :.:,%` 1.00 Horizontal antennas that radiate well at than. Low r- m>•< low angles are more easily erected for 7 Horizontal systems are popular,in part MHz and higher frequencies, so horizon- because they tend to reject man-made o ..� •• • tal wires and arrays are almost standard noise, much of which is vertically polar- , 4,,00; uo,\ practice work on 40 through 10 meters. ized. There is some evidence that vertical AMR WON • nr.t•1*urt 1.000- l..f,. Vertical antennas arc used in this frequen- polarization shifts to horizontal in hilly m=5+; cy range,such as a single omnidirectional terrain, more readily than the reverse. 0 • y0 0 10 93 10 w.v. Y antenna of multiband design.An antenna With large arrays,horizontal systems may ra ) of this type may be a good solution to the be easier to erect, and they tend to give IA) space problem for a city dweller on a small higher signal strengths over taegylar ter- 'n'°°° lot, or even for the resident of an apart- rain.if any difference is observed. • ,,,� ment building. Practically all work with vhf mobiles is t •o,o I High-gain antennas are almost always now handled with vertical systems. For , used at 50 MHz and higher frequencies, use in a vhf repeater system, the vertical •1 and most of them arc horizontal. The antenna can be designed to have gain S wood ruts vw• r[a.[r•m.t principal exception is mobile communica- without losing the desired omnidirectional :.see a�, tion with fm,through repeaters,discussed quality. In the mobile station a small ver- e I - ,,,,.st , , o • ,e,s 1. earlier. The height question is answered tical whip has obvious esthetic advan- 10•14.9.91101.00)010 easily for vhf enthusiasts—the higher the rages. Often a telescoping whip used for e better broadcast reception can be pressed into The theoretical and practical effects of service for the 2-meter fat rig. A.car-top Fig.8—Upper air conditions that produce ex- height above ground arc treated in detail mount is preferable, but the broadcast Fig.8d ranpp air oNuibn on the odf tends. in Chapter 2. Note that it is the height in whip is a practical compromise.Tests with to the top is shown tyro us.standard%/A ft that is important —a good at least one experimental repeater have mosphere temperature Curve.The humidity reason to think in the metric system, shown that horizontal polarization can curve(dotted)is whet would result if the reia- rather than in feet and inches. give a slightly larger service area, but We humidity were 70 percent from the ground lawn to 12,000 feet elevation.There is only In working locally on any amateur fre- mechanical advantages of vertical systems alight refraction under this standard condition. quency band,best results will be obtained have made them the almost unanimous At the bottom is shown a sounding that is typi- with the same polarization at both sta- choice in vhf fm communication. Except cal of marked refraction of vhf waves.Figures er field, horizontal is the in parentheses are the"mixing ratio"—grams lions, except for rather rare polarization for the repot of water vapor per kilogram of dry air.Nee the shift caused by terrain obstructions or standard vhf system almost everywhere. sharp water vai in both curves at about soon rest• reflections from buildings. Where such In communication over the earth-moon- shift is observed, mostly above 100 MHz earth (EME) route the polarization pic- or so, horizontal polarization tends to turc is blurred,as might be expected with cast-west communication on 144 MHz work better than vertical. This condition such a diverse medium. If the mooa were and higher amateur frequencies over as is found primarily on short paths, so it is a flat target we could expect a 180-degree much as 1200 miles, but more commonly not too important. Polarization shift may phase shift from the moon reflection pro- over a third to half that distance. occur on long paths where tropospheric cess. But it is not flat, and the moon's A similar inversion along the Atlantic bending is a factor, but here the effect libration and wave travel both ways Seaboard as a result of a tropical storm tends to be random. Long-distance com- through the earth's entire atmosphere and air-circulation pattern may bring vhf and munication by way of the ionosphere pro- magnetic field provides other variables uhf openings extending front the duces random polarization effects that confuse the phase and polarization Maritime Provinces of Canada to the routinely, so polarization matching is of issue.Building a huge array that will track Carolinas.Propagation across the Gulf of little or no importance. This is fortunate , the moon, and give gains in excess of 20 Mexico, sometimes with very high signal ' for the hf mobile enthusiast.who will find' dB,is enough of a task so that most EME levels, enlivens the vhf scene in coastal that even his short, inductively loaded enthusiasts tend to take their chances with areas from Florida to Texas. The t whips work very well at all distances other phase and polarization problems. Where California Coast, from below the Bay a than local. . rotation of the element plane has been Area to Mexico, is blessed with a similar s Because it responds to all plane tried it has helped to stabilize signal levels, propagation aid during the warmer e polarizations equally, circular polariza- but it is not widely employed- months. Tropical storms moving west, tion may pay off on circuits where the ar- across the Pacific below the Hawaiian riving polarization is random,but it exacts inniPheric Propagatioa of VHF Wave Islands, may provide a transpacific long- a 3-dB penalty when used with a single- The effects of changes in the dielectric distance vhf medium. This was first ex- .g plane polarization of any kind. Circular constant of the propagation medium were plaited by amateurs on 144, 220 and 432 n systems find greatest use in work with or- discussed earlier.Varied weather patterns MHz, in 1957. It has been used fairly biting satellites. It should be remembered over most of the earth's surface asst give often in the summer months since,though (e that "horizontal" and "vertical" arc rise to boundaries between air masses of not yearly. n- meaningless terms in space, where the very different temperature and humidity The examples of long-haul work cited n plane-earth reference is lost. characteristics. These boundaries min be above may occur infrequently, but lesser -ta anything from local anomalies to air- extensions of the minimum operating 1d Polarization Fitton Above SO MHz circulation patterns of continental range arc available almost daily. Under or In most vhf communication over short proportions. . minimum conditions there may be little se distances, the polarization of the space Under stable weather conditions, large more than increased signal strength over at wave tends to remain constant. Polariza- air masses can retain their individual paths that are workable at any time. p' tion discrimination is quite high, usually characteristics for hours or even days at a There is a diurnal effect in temperate ire in excess of 20 dB, so the same polariza- time. See Fig. 8. Stratified warm dry air climates. At sunrise the air aloft is Al, tion should be used at both ends of the cir- over cool moist air,flowing slowly across warmed more rapidly than that near the at suit. Horizontal, vertical and circular the Oreat Lakes region to the Atlantic earth's surface,and as the sun goes lower polarization all have certain advantages, Seaboard, can provide the medium for late in the day the upper air is kept warm, race Wave Propagation 1.5 • _ .______ __.. i___ is fun- te0 T I i ' I 9 as ' ratio. ` • et�Ecs e I I-*netts t60 f I } ;s Ar�rzrwA`� "fro ttS atterns ,w I, I j - 11 I I l i :: o 'a c field ? a r a r to the i I V i ,..ac •;-1 ximum € t2o I 't- . i — a m the field the ease flop i I I II I _, I u strength will be the resultant of 21—At any distant polM. nro rays,one --e El is : I ! I I II i s m direct from the antenna,the other reflected le I— a from the ground.The reflected ray t avela far- --r n the c so 1 1 r ^1 t then than the direct ray by the distance BC, I , l l 1 I i - where the reflected ray Is considered to '1. By ,E l I , I " originate at the-Image"antenna rations s — s power a i I ' -n the c w I i I t I 2 . •vs the p . ..1.caMn - 1 .n,rM,.A 1 ng to -ant ad- • - GROUND 0 _ r1////77// //// //iii///nnn, Tessive o I 2 3 4 5 8 7 • 9 10 ti o o - SAGE .'5 may ANTENNA LENGTH-a ` i ac •in of 3 natal 1. s,the Fig.20—The variation in radiation resistance and power in the major lobe of long-wire antennas. • Curve A shows the change in radiation resistance with antenna length,as measured at a current riplied loop,while curve B shows the power gain In the lobes of maximum radiation for Iong.wie amen- Fig.22—Monhontat and serbeal halt wave 'Iran- - nas as a ratio to the maximum of a half-wave antenna. ++mMnas and their Images. sndled •auisite l -ng the reflected ray is just a wavelength longer •ring 3 than that of the direct ray, however, the have a antenna becomes. At other vertical angles the two waves may two rays arrive in phase. ystcm Curve A in Fig.20 shows how the radia- be completely out of phase—that is, the artso tion resistance, as measured at a current fields are maximum at the same instant age Antenna t = 2. loop,varies with the length of a harmonic and the directions arc opposite, at the It is often convenient to use the concept 3 dB. antenna. same spot. The resultant field strength in of an image antenna to show the effect of •'ly 1D GROUND EFFECTS C---- that case is the difference between the reflection.As Fig.21 shows,the reflected • front two. At still other angles the resultant ray has the same path length (AD equals -ens. The performance of an antenna, par- field will have intermediate values. Thus BD) that it would if it originated at a ticularly with respect to its directive the effect of the ground is to increase the second antenna of the same characteristics se properties, is considerably modified by intensity of radiation at some vertical as the real antenna,but situated below the mss,the the presence of the earth underneath it. angles and to decrease it at others. ground just as far as the actual antenna is nonic The earth acts as a huge reflector for those The effect of reflection from the above it. Like an image in a mirror, this mallet waves that arc radiated from the antenna ground is shown graphically in Fig.21.At image antenna is "in reverse," as shown -lobed at angles lower than the horizon. These a sufficiently large distance,two rays con- in Fig. 22. This downcoming waves strike the surface and verging at the distant point can be con- If the real antenna is horizontal,and is nn of are reflected by a process very similar to sidcred to be parallel. However, the instantaneously charged so that one end is fir_ that by which light waves arc reflected reflected ray travels a greater distance in ' positive and the other negative, then the main from a mirror. As in the case of light reaching P than the direct ray does, and image antenna, also horizontal, is op- Men- waves, the angle of reflection is the same this difference in path length accounts for politely poled;the end under the positive- field as the angle of incidence, so that a wave the effect described in the preceding ly charged end of the real antenna is tion, striking the surface at an angle of, for in- paragraph. If the ground were a perfect negative, and vice versa. Likewise, if the zoned stance, 15 degrees, is reflected upward conductor for electric currents, reflection lower end of a half-wave vertical antenna sup- from the surface at the same angle. would take place without a change in is instantaneously positive,the end of the . .r The reflected waves combine with the phase when the waves are vertically vertical image antenna nearest the surface tpera- direct waves (those radiated at angles polarized. Under similar conditions there is negative.Now if we look at the antenna tall in above the horizontal) in various ways, would be a complete reversal(180 degrees) and its image from a remote point on the _ ap- depending on the orientation of the anten- of phase when a horizontally polarized surface of the ground, it will be obvious long. na with respect to earth, the height of the wave is reflected. The actual earth is, of that the currents in the horizontal antenna 'sonic antenna. its length and the characteristics course, not a perfect conductor, but is and its image are flowing in opposite n by of the ground. At some vertical angles usually assumed to be one for purposes of directions, or are 180 degrees out of •wave the horizontal the direct and calculating the vertical pattern of an phase, but the currents in the vertical - " reflected waves may be exactly in phase— antenna. antenna and its image arc flowing in the slight that is, the maximum field strengths of As an example, when the path of the same direction,or are in phase.The effect ngths both waves are reached at the same time at reflected ray is exactly a half wave longer of the ground reflection, or the image 7 dB the same spot, and the directions of the than the path of the direct ray, the two antenna, is therefore different for n one fields are the same. In such a case the waves will arrive out of phase if the horizontal and vertical half-wave anten- .2 the resultant field strength is simply equal to polarization is vertical. This corresponds nas. The physical reason for this dif- thus the sum of the two.(This represents an in- to the condition illustrated in Fig. 17 faience is the fact that vertically polarized ::e the crease of 6 dB in strength at these angles.) along the line XY. If the path of the waves arc reflected from a perfectly con- Antenna Fundamentals 2.10 • • • • • m - so only. ,o 11-tits, w w w 60 .+ • q geo- .-,. �pSItS. �•• f • '; loan �,j�. . ��Z`" v� .arO�• �Fora ♦ ... is �� -actors solid- - Fig.24-Horizontal antennas 14 wavelength Fig.25-Horizontal antenna 114 wavelength Fig.26-Horizontal antenna 39 wavelength • nulls high.Add 6 dB to values shown. high.Add 0 d8 to values shown. high.Add 6 dB to values shown. ^f the Ives a 1 pat- 90 90 those „ o d + I .o con 4 Sue -n fat- ` � �® $tttt!t;. 1Q . yf an of o _�t I. _ 0 o arm �. ��.�'r/ o eflec- icallY - Fig-27-Horizontal antennas 1/2 wavelength Fig.28—Horizontal antennas 51$wavelength Fig.29—Horizontal antennas 3/4 wavelength ge in high.Add 6 08 to values shown. high.Add 6 dB to values shown. high.Add 6 08 to values shown. arized -efore <nten- ' 90 so 90 tor a 60 so 60 413•ten a 4 Ti:: ,, s," 10 fr 30F' x arc in ®� �+� • t�t:�G ....--•G� � .�,\ I%•`' ,. •3Ttei' _�* • �~ � ,'. %p A '�r%sue -__ -.anal 0 ve a 0 L.y..��w�� 0 0 o o e ver- adside Fig.30—Horizontal antennas 715 wavelength Fig.31 —Horizontal antenna 1 wavelength Fig.32—Horizontal antennas 1-1/4 free high-Add 6 dB to values shown. high.Add 0 dB to values shown. wavelengths high-Add 6 dB to values shown. ie no earth, 1f the 90 w :wise. 90 GO 60 411/41:71half _ �\ 1./ T30 11. w , » 0 ° , lab so t. such ��/�. ��. �� t /� � `��9)j0�©_— sed inlaced '�a : ►p�rr�� ~ �a�•�S1l�,,0 0— `=:..!ate a 0 .rfacc, — 1st of Fig.33—Horizontal antennas 1.12 Flg.34—Horizontal antennas 1314 Fig.35—Horizontal antennas 2 wavelengths :in the wavelengths high.Add 6 dB to alas shown. wavelengths high.Add 6 dB to values shown_ Nob Add 6 dB to values shown. 6. Factors to which the free•space radiation pattern of a horizontal antenna should be added to include the affect of reflection from perfectly conduc- t Figs. ting ground.These factors affect only the vertical angle of radiation(wave angle)for horizontal antennas. e as_ con- from elec tion in which to cause current flow along penetration decreases and the ground may angles greater than about IS'.At grazing rably their paths. The resistance of even a even take on the characteristics of a lossy angles, the charts provide reliable infor- 1 the moderately good conductor will be low if dielectric, rather than a good conductor. mation, even at the higher frequencies. .h.At its cross section is large enough. The The chief effect of this change is to absorb For vertical antennas,the absorption is :idard ground acts as a fairly good conductor most of the energy which would ctherwise lowest above about 15'.Below 5',reflec- most even at frequencies as high as the be reflected at high angles,In the frequen- don from vertically polarized waves is tike a 3.5-MHz band, and so the pattern-factor• cy region from about 7 to 25 MHz. In very small compared with that at higher -e fre- charts give a rather good approximation general,the reflection factor for horizon- angles.The"zero angle"reflection factor quite of the effect of the ground at this frequency_ tal antennas will be lower than given by with a vertical half-wave antenna, for ,s - In the higher frequency region the the charts (a higher negative number) at example,is theoretically 6 dB. In practice Antenna Fundamentals) 218 r— • Ilk 90 so I ` 1 I ! l x .T_- w p t l l v�-: i '� see I t I ` �i'7J� _ i so t I I 1•`` I s' ` I i�.� A1 I f ,» F OP ` 30I I I `*+_% r +`++L++�—� I ' r + +Ip I 0 11 1 L 3 a 0.21 0..5 pre rA ,.z0 1.5 US 2D .1 a. ANTENNA %MONT-WAVELENGTHS p T° i sr ,2 .1. -it I- .3 Fig.37—Angles at which nulls and maxima(factor a 0 dB)In the groundieftectlon facto j O appear for antenna heights up to two wavelengths.The solid lines are maxima,dashed lines ft ,- x nuns,for all horizontal antenna.For example,It It Is desired to rove the ground reflection give vi �� maximum reinforcement of the direct ray from a:wnzontal antenna at a 20-degree wave angle ; • (angle of radiation)the antenna height should be 0.75 wav length.The same height will give a null •' It _� a//v at 42 degrees and a second maximum at f10 degrees.,Values may also be determined from the -! 3' w� "- ! '- o trigonometric relationship 0 a arc sin(Id4h),awe l Is the wave angle and h is the antenna , a height expressed In wavelengths.For the first maxima,A ha a value of 1;for the first null A has re a value of 2,for the second maxima 3,for the second null 4,and so on. ni I w, Fig.3e—At A a typical free-space M-plene & radiation pattern of a horizontal muitlee r ent 9O 9 W': array,such as a Vag,antenna.The forward = Or direction of the array is to the right.At B,the 12O _x u.� 6O ra w; *Mannfres-spa e04 p4 ttern as above by placing the �.. I .�. .t ch. anlMna one wavelength above a perfect con- -s .� donor(pattern factors from Fig.31). , a ��. fir , qj ra 15O'''.♦�`�:` p t # an this factor is near zero, so the apparent . � �� . . (S, advantage of the vertical antenna for very low-angle radiation is not realized in prat- -p ',tice at the higher frequencies. _ iThe effective reflecsi lane of the �•ngp �►ground—that is,the surface from which � `4 neethe reflection is considered to take place at ��• j ��. Rrt -so nee .�+�M�- • (sc the heights given in the charts — seldom 180 �ee�w'" ar'� 'ewe==�� O ! nee coincides with the actual surface of the j scr ground. Usually it will be found that this 3Qg.Is 38—.Calculated veresultant�I when the antama producing the tree pace pattern of Fig. f wa plane appears to be a few feet below theengm May earth.At might,10 to 20 Mid atypical measured ver- f ant surface; in other words, the height of the tics'radiation pattern will more nearly resemble this drawing than that of Fig.368.Calculations 4 tom. ! were:mese by assuming that reflection from the earth was near 100%at grazing angles,de- antenna taken for purposes of estimating creasing with the square of the eosin function of the angle to zero at g0'. •• aS: reflection is a few feet more than the ac- it tital height of the antenna. A great deal - 1 unc depends on the character of the ground. ' I and in some cases the reflecting plane may ferent situation exists. At these frequen- that radiation at very low angles is quite • see, be"buried"a surprising distance.Thus in ties little,if any,use is made of the part of practicable in this frequency region.Also. , i nez some instances the charts will not give an the wave that travels in contact with the there is little practical difference between duc accurate indication of the effect of reflec- ground. The antennas, both transmitting horizontal and vertical polarization. the tion. On the average, however, they will and receiving, usually arc rather high in 1 resi give a reasonably satisfactory represents- terms of wavelength. The wave that is ac- GROUND REFLECTION AND typ, tion of reflection effects, with the tually used — at least for line-of-sight RADIATION RESISTANCE 3 heis qualifications with respect to high fre- communication—is in most cases several Waves radiated from the antenna ;1 loss quencies and low angles mentioned above. wavelengths above the surface of the directly downward reflect vertically from are In general, the effects of placing the ground. At such a height there is no con- the ground and,in passing the antenna on i C antenna over real earth, rather than a sequential loss of energy; the direct ray their upward journey induce a current • higl perfect conductor, are to decrease the travels from the transmitter to the receiver into it. The magnitude and phase of this '. and magnitude of the lobes of the pattern and with only the normal attenuation caused induced current depends upon the height of t to fill in the nulls.These effects are shown by spreading, as explained in Chapter I. of the antenna above the reflecting surface. f4 arcg. in Fig. 38. The loss of energy in the reflected ray is The total current in the antenna thus A dist: In the vhf and uhf region (starting in beneficial rather than otherwise, as also consists of two components. The ki angi the vicinity of the 28-MHz band) a dif- explained in that chapter.The net result is amplitude of the first is determined by the feet, 2-19 Chapter 2 7 0 fairly representative of its performance on o ee1, '° 14 MHz at distances of 500 miles or more. �rt�a...3 v0 With a wave angle of 30 degrees, the . �,� q �� i , O signal off the ends would be down only 1 ��i p ! l�Iee!Ittj 000 �r• ��1 w e' 1111,0=4Vse� •o / s�1 to 2 S units,while at an angle of 9 degrees ran��AN ,v = :!�4 w � . .'° :'' �' } it would be down 3 W 4 S units.Since high ��+rrsw�__�.,Aseo ••3 at i�� ►y.:;� Q r J,y.r� wave angles become less useful as the fre- as74�v''^�,G:--y:r%M,0 ti 17 fup y S,ry'N• Jw`�'fr•rev xn " '+•� �- —""-sS 90 Ual is increased,this illustrates the im- ass. ;�'�' moss+ , l portancc of running the antenna wire in "°Iswn .•-- •',..`urm ` ana.saga - r .- oew� the proper direction if best results are N►wv✓rG?i i.l."-S% sire � . U�,• > wanted in a particular direction at the 0ssesse :cts0 e J x.o •N �, higher frequencies. M1:0404•3•41:101,4,41:44,40` a ��' ; ., �:A Height Above Ground E--- tin*gip w:n:A,:�'�i�� 150 The shape of the directive patterns 4„),a0,........... 4, CO given in Fig. 41 are not affected by the Y° Fig.41 —Directive patterns of a horizontal height of the antenna above the ground. half wave antenna at three radiation angles,9. However,the amplitude relationships be- 1 15na and 30 degrees.by direction oAll the amen- tween the patterns of a given antenna for FIg.42—These diagrams compare the relative to Itself is shown the arrow. xithree pat• amplitudes of radiation at wave angles of 9,13 tams are plotted to the same maximum,but various wave angles are modified by the and 30 degrees from a horizontal half-wave , the actual amplitudes at the various angles height. In the figure.the scale is such that antenna wean the Might is 112 wavelsngtn will depend upon the antenna height,as the same field intensity is assumed in the above a perfect conduCtor. deathbed in the text.The patterns shown here direction of maximum radiation,indicate only the snaps of the regard- diagram directive as the angle is varied. less of the wave angle. To make best use i of the patterns, the effect of the ground- reflection factor should also be included. antenna. In turn, the amount of current ; Assume a horizontal half-wave antenna that will flow, when a fixed amount of _{ operating on the same frequency,may be is placed a half wavelength above perfect- power is applied,will be inversely propor- almost nondirectional for distances of a ly conducting ground. The graph of the tional to the square root of the radiation 4 few hundred miles but will give substan- ground-reflection factors for this height is resistance. Lowering the radiation tially better results broadside than off its given in Fig. 27. For angles of 9, 15 and resistance will increase the field strength . ends at distances of the order of 1000-1200 30 degrees the values of the factor as read and raising the radiation resistance will miles during the day when transmission is from the curve (with 6 dB added) are decrease it. This is not to be interpreted r4 by the E layer. In the evening,when the F —0.5,3.2 and 6.0 dB,respectively.These broadly as meaning that a low value of layer takes over, the directivity may be factors arc applied to field strength. For radiation resistance is good and a high f fairly well marked at long distances and convenience, take the 9' angle as value is bad, regardless of circumstances. `t not at all pronounced at 1000 miles or less. reference.Then at a wave angle of 13'the That is far from the actual case. What it From this it might seem that it would be field strength will be 3.7 dB greater than means is that with an antenna of given 1 impossible to predict qualifications. the field strength at 9', in any compass dimensions, a change that reduces the 1 However, it is possible to get a very good direction, and at a wave angle of 30' will radiation resistance in the right why will idea of the directivity by choosing a few be 6.5 dB greater than the field strength at be accompanied by a change in the direc- t • angles that, on the average, are represen- 9', in any compass direction. To put it rive pattern that in turn will increase the tative for different types of work. With another way,at a wave angle of 30 degrees field strength in some directions at the ex- F patterns for such angles available it is the antenna is about 1 to 1-1/2 S units bet- pease of reduced field strength in other ' fairly simple to interpolate for in- ter than it is at 9 degrees.There is about a directions.This principle is used in certain termediate angles. Combined with some half S-unit difference between 9 and 15 types of directive systems described in knowledge of the behavior of the degrees,and between 15 and 30 degrees.If detail in Chapter 6. 1 ionosphere, a fairly good estimate of the we wished,we could subtract 2.8 dB from The shape of the directional pattern in _ directive characteristics of a particular every point on the 15-degree graph in Fig. the vertical plant is, as previously de- antenna can be made for the particular 41, and 6.5 dB from every point on the scribed, modified by the height of the i time of day and distance of interest. 9degree graph,and thus show graphically antenna above ground. The effect of In the directive patterns given in Fig. the comparison in amplitude as well as height on radiation resistance has been 41, the wave angles considered arc 9, 15 shape of the directive pattern at the three shown in Fig. 39 for the horizontal half- 1 and 30 degrees. These represent, respec- angles.This has been done in the graph of wave dipole. The plots of ground- lively, the median values of a range of Fig. 42. However, it is generally un- reflection factors shown in Figs. 24 to 35, angles that have been found to be ef- necessary to take the trouble to draw inclusive, show the actual shape of the s fective for communication at 28, 21, 14 separate graphs bemuse it is so essl'to add H-plane pattern of such a half-wave . ' and 7 MHz. Because of the variable or subtract the requisite number of dipole.That is.they show the station in nature of ionospheric propagation, the decibels as based on the appropriate intensity with wave angle in the direction ' patterns should not be considered to be ground-reflection factor. broadside to the antenna. In an ay- more than general guides to the sort of It should be emphasized again that the proximate way, the radiation resistance is I directivity to be expected. patterns are based on idealized conditions smaller as the area of the pattern is less,as I Since one S unit on the signal-strength not realized over actual ground. Never- may be seen by comparing the ground ; scale is roughly 5 or 6 dB,it is easy to get Useless,they are useful in indicating about reflective patterns with the curve of Fig. l an approximate idea of the operation of what order of effect to expect. 39. the antenna.For example,off the ends of RADIATION RESISTANCE AND Varying the height of a horizontal half- 1 a half-wave antenna the signal can be ex- wave antenna while the power input is g' petted to be "down" between and 3 S GAIN held constant will must the cturent is the -: units compared with its strength at right The field strength produced at a distant antenna to vary as its radiation resistance i angles or broadside to the antenna, at a point by a given antenna system is directly changes. Under the idealized conditions wave angle of IS degrees. This would be proportional to the current flowing in the represented in Fig. 39 (an infinitely thin 241 Chapter 2 t• F • 77Y tad( //07 th OM /486 THERNES CASE RECOMMENDED FOR FULL TEVT PC13L1CITIU.'C See. Sixth C•,rcuu Rude 24 No. 84-6009 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT JOHN THERNES. Plainti fL-.4 ppclla»1. v. CITY OF LAKESIDE PARK. ON APPEAL from the KENTUCKY: WILLIAM J. ScHt.TTE: United States District CITY OF LAKESIDE PARK. BOARD OF Court for the Eastern ADJUSTMENTS: GEORGE R. ROTH. District of Kentucky. JR.: RUTH HIGDON: DAVID HENTZ: VIRGINIA HILTZ: DR. WARREN CORBIN: and NORTHERN KENTUCKY AREA PLANNING COMMISSION. Dcfc»du»ts-.I ppcffecs. Decided and Filed January 6, 1986 Before: ENGEL and KRUPANSKY, Circuit Judges: and PECK, Senior Circuit Judge. The Court delivered a Per Curiam opinion. KRUPAN- SKY.Circuit Judge.(pp. 6-10)delivered a separate dissenting opinion. PER CURIAhi. On April 8. 1983.appellant John Themes, 1 2 Themes v. Ciry of Lakeside Park. crc. No. 84-6009 a federally licensed amateur radio operator. submitted two alternative applications for a zoning permit to the City of Lakeside Park. Kentucky. for the construction of an amateur radio antenna system.' In a letter dated April 29, 1983. the Zoning Administrator of the City of Lakedside Park denied Thernes's applications. The letter stated in part: a permit for construction of a radio tower cannot be issued within the City of Lakeside Park because they are not listed as a permitted accessory use in any zone in the city as required by section 9.8(C) of the Lakeside Park Zoning ordinance= The parties have stipulated that the Official Zoning Ordi- nance. as applied. prohibits the construction of radio towers in any and all zones in the City of Lakeside park. They have also stipulated that the ordinance, as applied, permits erec- tion of television antennas in every zone of the City. Themes appealed the decision of the Zoning Administrator to the Board of Adjustments of the City of Lakeside Park. .After a hearing, the Board of Adjustments issued a letter denying Themes's applications for a zoning permit. Themes then filed this suit in the United States District Court for the •• Eastern District of Kentucky under 42 U_S.C. y 19S3,alleging • 'One application exhibited the tower attached to Themes's house. and the second application exhibited the tower detached from the house. Themes's proposed radio transmuting and reception tower was comprised of a seventy foot tower with motorized rotating horizontal antennas. 'Section 9.8(C) of the Lakeside Park Zoning Ordinance provides: -Only those accessory structures and uses specifically identified in this _rdinance shall be permitted.` Section 9.11(.x)(1) provides: `The height limitations of this ordinance shall not apply to such thines as: church spires. various types of towers. smoke stacks. other related structures and necessary mechanical appurtenances. etc.. provided their construction is in accordance with existing or hereafter adopted ordinances of the city.and is acceptable to the Federal Aviation Agency and the Federal Communication Commission.- 1 • No. 84-6009 Themes v. City of Lakeside Park. etc. 3 that the Official Zoning Ordinance is unconstitutional on its face and as applied. Themes asserted that the ordinance vio- lated his First Amendment right to fret speech in that it deprived him of the right to maintain his amateur radio tower and antenna, which he contended were necessary to his abil- ity to communicate throughout the United States and world- wide through the use of his amateur radio station. He funher alleged that the ordinance was vague, overbroad, and gave unlimited discretion to administrative officials in issuing per- mits. Themes also alleged that the subject matter and regula- tion of federally licensed amateur radio stations and operators is preempted by the Federal Communications Act of 1934, 47 U.S.C. § 151 et seq.. and the rules and regulations of the Federal Communications Commission ("FCC") pro- mulgated pursuant thereto. Further, Themes asserted that application of the ordinance constituted an invalid exercise of' the police power of the City of Lakeside Park. and that the ordinance constituted an undue burden on interstate commerce. Finally, he alleged an equal protection violation under the ordinance in that television, but not radio. anten- nas are exempt from all height limitations. With regard to the preemption claim. the district court noted that the Federal Communications Act does not specifi- cally address amateur radio station antenna height. After examining the regulations promulgated by the FCC under the .Act.' the court concluded that the FCC was concerned with antenna height only to the extent the height affects national aviation navigation and airport safety, and that the FCC evinced no intent to "supplant the fundamentally local concerns expressed in land use control ordinances." As to Themes's other claims. the district court found no violation of constitutional rights. Accordingly, the district court granted the City's motion for summary judgment. This appeal followed. 'Sec 47 C.F.R. Pan 97 (19S3). Height restrictions are specifically addressed al 47 C.F.R. §97.45. e • 4 Themes v. Ciry of Lakeside Park etc. No. 84-6009 On the date of oral argument in this case. September 19. • 1985. the FCC released a declaratory ruling entitled `Federal Preemption of State and Local Regulations Pertaining Amateur Radio Facilities."' In its memorandum opinion and order. the FCC stated that the issue before it was "the extent to which state and local zoning regulations may conflict with federal policies concerning amateur radio operations? After weighing the interests involved, the FCC concluded that "a limited preemption policy is warranted. State and local regu- lations that operate to preclude amateur communications in their communities are in direct conflict with federal objec- tives and must be preempted." The FCC continued: We will not, however, specify any particular height limitation below which a local government may not regulate, nor will we suggest the precise language that must be contained in local ordinances, such as mechanisms for special exceptions, variances or conditional use permits. Nevertheless. local regula- tions which involve placement. screening, or height of antenna based on health, safety, or aesthetic con- siderations must be crafted to accommodate reason- ably amateur communications. and to represent the minimum practicable regulation to accomplish the local authority's legitimate purpose. This recent exercise of its latent preemptive statutory out- right powers by the FCC strongly suggests that the ban upon the erection of amateur radio station antennas in the Village of Lakeside may now contravene federal law. At the same time. the memorandum opinion and the order clearly indi- cate a willingness on-the part of the FCC to accommodate the legitimate needs of amateur radio station operations and the planning needs of communities. Plainly, the FCC now intends to involve itself in the matter of antenna height '50 Fed. Rce. 3S.813 (19851. • No. 84-6009 Themes v. City of Lakeside Park. etc. 5 beyond that merely necessary to assure national aviation nav- igation and airport safety. but is willing to work with local communities with respect to particulars. We find no indica- tion in the position of either party before us hostile to such a possible solution of their difficulties and accordingly VACATE the judgment of the district court and REMAND for reconsideration and for further proceedings in light of the FCC declaratory ruling. • S 6 Themes v. City of Lakeside Park. etc. No. 84-6009 KRUPANSKY, Circuit Judge. dissenting. Because I believe that the issues herein have been properly joined fcr resolution by this court. I must respectfully dissent. Even apart from the preemption issue on which the majority predi- cates its decision. I am convinced that this case presents other, more important reasons for reversal which the district court as well as majority has ignored. The Lakeside Park ordinance both on its face and as applied is arbitrary, capricious and deprives the appellant of equal protection of the law. It is undisputed that the ordi- nance absolutely prohibits the construction of any radio antennas, regardless of height,while at the same time permit- ting the construction of identical television antennas. The parties stipulations of fact provide in pertinent part that: 15. The Official Zoning Ordinance of the City of Lakeside Park. Kentucky. as applied prohibits the construction of radio towers in any and all zones in the City of Lakeside Park. . r . 19. The Official Zoning Ordinance of the City of • Lakeside Park as applied permits and has per- mitted at all pertinent times erection of televi- sion antennas.including but not limited to those of Yagi design.' in every zone within the City of Lakeside Park. This patent inconsistency has not been explained by the city or by the district court. Moreover, while the majority acknowleges this fact, it has inexplicably refused to confront the issue. It is basic hornbook law that a zoning ordinance. to pass constitutional challenge.must be rationally related to the gen- 1 'The Yagi design antenna is the exact design of antenna which Themes sought to construct on his property_ - • • No. 84-6009 Themes v. City of Lakeside Park, etc. 7 eral welfare. In the case at bar, the district court. and appar- ently the majority, determined that the Lakeside Park ordinance is related to the legitimate ends of zoning legisla- tion. based upon the city's articulated interest in aesthetics! However, even a cursor' analysis of this conclusion finds it without factual or legal support. Initially, whatever purport- edly adverse aesthetic impact the appellant's proposed radio antenna may have on the city's visual character would be no different than what Lakeside Park already tolerates by per- mitting television antennas of identical design and other accessory structures not specifically provided for in the ordi- nance. Secondly. it is obvious from Section 9.11(A) of the Lakeside Park ordinance, which specifically exempts "various types of towers" from the height limitations in the ordinance, that the city has no concern with tower height from an aesthetic or other perspective. Moreover, Lakeside Park has refused to articulate any other basis. rational or otherwise, for this patent lack of uni- formity in the enforcement of its ordinance. The city's prof- fered justifications for its ordinance are specious, disingenuous and tend to obfuscate rather than clarify the issue. Even though there is no antenna height limitation incorporated into the ordinance, the city implies that the intent of the ordinance is to provide for a reasonable height limitation. However, an examination of the city's notice denying appellants'permit is devoid of any language concern- ing antenna height limitation. That notice reads: The following comments are made as part of the review process. I) Radio towers are considered accessory uses according to the definition of "accessory building or use, customary", contained in 21t is also undisputed that Themes' proposed tower is safe for its intended purpose. 8 Themes v. Cirp of Lakeside Park. crc. No. 84-6009 Article VII. Definitions. of the zoning ordi- nance. 2) Section 9.8(C) of the zoning ordinance speci- fies that"Only those accessory structures and uses specifically identified in this ordinance shall be permitted." A review of each Acces- sory Use section of all the zones presently included in the ordinance reveals that radio towers are not specifically identified as a per- mitted accessory use in any zone. Based on these considerations a permit for construc- tion of a radio tower cannot be issued within the City of Lakeside Park because they are not specifi- cally listed as a permitted accessory use in any zone in the city as required by Section 9.8(C)of the Lake- side Park Zoning Ordinance. Obvious from the foregoing notice. the height of the pro- posed antenna never constituted an articulated reason for the city's decision to deny the application. The city's proffered justifications are patently frivolous, conclusory and without factual support. Finally. I do not share the majority's view that this case should be remanded for a determination of whether and to what extent the FCC intended to preempt the field of amateur radio antenna height. The FCC's recent ruling declared "a limited preemption policy: The FCC explained the scope of this preemption in paragraph 25 of its ruling: . . . local regulations which involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to accommodate reasonably amateur communica- tions,and to represent the minimum practicable reg- ulation to accomplish the local authority's legitimate purpose. • No. 84-6009 Themes v. City of Lakeside Park. etc. 9 The ordinance here in issue totally fails this two-pronged preemption test. First. the ordinance, as stated previously, absolutely prohibits all amateur radio antennas. The city has made no effort whatsoever to accommodate reasonably amateur communications." Rather, judging from its post argument brief.Lakeside Park will stubbornly and unreason- ably stonewall the issue and continue to assert its absolute right to exclude radio towers.' Second. an absolute prohibition can hardly be character- ized as the minimum practicable reeulation to accomplish the local authority's legitimate purpose." As previously noted. Lakeside Park's purpose does not reflect a good faith attempt to regulate. The ordinance was calculated to afford the city fathers arbitrary discretion to consider, approve or disapprove each application without conformity to any uni- form standard.Literally.the ordinance is a license to discrim- inate at will as is reflected by its capricious enforcement in the case at bar. Because the district court's ruling permits an absolute ban on the construction of radio antennas, irrespective of height, without reasoned justification and regardless of any constitu- 31t is obvious from this statement that I do not share the majoritys view that we find no indication in the position of either party before us hostile to such a possible solution of their difficulties . .. I can only conclude from this statement by the majority that it is overly opti- mistic in its predicted conjectures.After considering the oral argument and Lakeside's pre- and post-argument briefs. the only intention pro- jected by the city is to continue to act in an unreasonable manner. I need only point to the two arguments which Lakeside advances in its post-areumcnt brief: -I. At the time of the alleged constitutional tort.the FCC had not exercised any federal pre-emption of local zoning regulations.and therefore.no claim arose cog- nizable under 42 U.S.C. § 1983. 2. The limited pre-emption set forth in the FCC memo- randum does not invalidate the Lakeside Park zoning ordinance as applied? S i 10 Themes v. City of Lakeside Park. etc. No. 84-6C09 tional implications, I would reverse the decision and declare the ordinance unconstitutional and award costs against the city, including attorney's fees. • FILED UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTICKY FEB 24 e AT COviNGTQW Aretemnst Plaintiff Case No. 83-218 vs. . t = CONSENT DECREE, ORDER, CITY OF LAKESIDE npx, KENTUCKY AND FINAL JUDGMENT et al. Defendants 2 This case is before the court on remand from the United States Court of Appeals for the Sixth Circuit (Themes v. City of Lakeside Park, et al_ , 779 F.2d 1187, decided. January 6, 1986) for consideration of a Federal Communications eau:mission (`FCC") Order issued during the pendency of the appeal and relating to the preemption of state and local land use regulations of amateur radio antennas, and the application of the FCC order to the ordinances of the defendant City of Lakeside Park, Kentucky ("City") . This matter vas before this court on cross-motions for summary judgurzt which had been set for hearing on _ebruary 13, 1967. Following a preliminary decision of this court entered on .January 15, 1987, and a settlement conference of the parties with the court on r+•='oruary 12, 1987, the parties hereto have agreed to final disposition of the merits of this action and the adoption of a consent decree in accorchmoo with the provisions ;;nt forth below. Accordingly, it is hereby AGREED by the parties and *y:ths;::(z.e, l=tail E0 :.n& DECREED by the court as follo;is: �• . = _ _. O' Cam'-aev-1182) CEItI2F'IirA ' • ,.- v :._y - Initeb a$1airs of Ausrrara -- - _ at: . e . EtISZERNI I>ISTRICr OF - - • • I, Inn' G. i,631TKER - -, Clerk of the United States District Court - for the EASTERN District of RHThflY do hereby certify that the annexed • and foregoing is a true and full copy of the original ciomEW D», oRDER P24 FBI's, aaoL taT In a vm2rn CIVIL 83-218 — .7(1M TII$F?.'c5 -vs CTPY CF IAXESIDE PARK, RGCtrIff, et al = filed and entered m Ff3IJC 24, 2987 = - ; , :•zr 4:;•.)::.-- - 4 - _ - -(,Z. a y.•:- •.t w 3=: N?c' t FJ :.,* - - '' - - no'I 'mammg among the set n m;/ $s of the said Gault in umce-'••" - ._ --- - _ - : ••� r. .i _ - - IN 'I E 0Iy W IILRLOF,.I brie berewr to SA}€cn iv nav '2md.:•-••:,..'-!,-,—....-'. , _ - 2,7)ted the seal of the aforer-'3 Ccca"„at- f-C0V11Y F? `lr Jt?ca1, ti <- - • . ': ';J-- c- - -- - - - . -_ - _ _ L 2Sfh day of - :-_ --:r': _ • ---.. _ :._.�:. Fe.I .. - - - i-r,.t s ,9'.>). 19 87: _ .7..c?. 's : - .-..G- ;•1.-_CLIG G..: Mll33- .::::.;_;11,,,t-::: .YKf r r..-:: ,y1 74,- •I. `� u' yf- • y� ,tl t. ' '- .CIer€ •� � �_ : ..7-.‘,-:::::::7.1i%:. 'a y - - _ [ -s--34,-... r-y• �,--i- i �- ,,kt ,1' G�[;j..ssf !F f .!1:7-: Y 3". , , f c ::�r ttt4.4,(2-; . r ate - :._.• _ '-s` - :s . .e . . - . . -_ x : ;s v ft 1•� � _`1: t[•. .i .r s� zw�� . 1-'r.. 1. The facto of this case are vet forth in the Statement of the Pacts portion of the decision of this court entered October 10, 1984, the stipulations of the parties entered prior thereto, and the opinion of the Court of Appeals of January 6, 1966. 2. Essentially, the plaintiff, John Themes, is an amateur radio operator licensed by the FCC who is seeking a permit for the construction at his home in the defendant City Of Lakeside Park, Kentucky, an antenna for use in amateur radio communications. 3. In his application for pzrnit, plaintiff sought to erect an amateur radio support toyer having two rotatable horizontal antennas of Yogi design mounted thereon, one at the top of the tower specifically desigr: d for use in the 10, 15 and 20 meter amateur radio bands, and a second one above the first at the top of an eight foot mast and specifically designed for use in the 40 meter amateur radio band; the turning radius of the antenna system being approximately 24 fey >t. 4. The application of plaintiff for a building permit for his eetenna system was c:enied by the defendant zoning administrator for the reason that radio antennas were not permitted in any zone of the City. Plaintiff ap, ealed the denial to the defendant Lakeside Park Board of Adjustments which upheld the denial. 5. Plaintiff bvought this suit tinder 42 U.S.C. Section 1953, on Septcnber 29, 1'9;33, against the City, the Board of Adji atrxents and its members, the zoning administrator, and the Northern Kentucky Area Planning Czcn iisnion (`tiKAPC") . Plaintiff chitlleavcd the 2 - actions of the defendants on the bases that,, as the laws of the City ~were written and applied, their action vas inconsistent with the federal congressional and FCC policy and preempted by federal statute and regulations that it violated plaintiff's First Amend=ent rights; that it denied plaintiff equal protection and was arbitrary in that television antennas were permitted in every zone of the City; that it denied plaintiff substantive due process through the exercise of the City's zoning powers that the ordinance unduly burdened interstate coaaerce; and tT,acttfore plaintiff should be entitled to an order permitting the construction of an effective amateur r-zdio antenna system, which the defendants denied. 6. This court granted .summary judgment to the defendants by Judgment, Opinion and Order tiled October ln, 1'34, and plaintiff aPPealed to the United States Court of Appeals for the Sixth Circuit. On the date of the oral argument cm the appeal, the FCC issued an Order declaring a limited preemption over local regulation of amateur radio antenna facilities. [Amateur F..3dio PrenAtie , --�-- Ln, 201 FCC 2d 952 (1985) , ('PRII-1 ") . ] The order, PR-1 , enunciated a federal regulatory policy in :support of erre ctiv amateur radio communications, and preempted state and local 7.:r_Q use regulations which unduly restrict amateur t_;, :munirat- our in communities_ F:%i:-i further d...:lar=d that local regulations ..bich involve placement, screening ur height of antennas based on healthh safety or aesthetic considerations must he crafted to acccrua-fc. r:s -.c<„t.�t�ly nm ttur communications and to represent the minimu4 practical regulation to accomplish tin laral _,rtlnri:y•s 1 i:t5 a� 1,urpo.;<_. _. 3 - 111 7. The Court of Appeals vacated this court's judgment, and remanded the case for further proceedings in light of PRB-1 and its application to the Lakeside Park zoning ordinance. In doing so the Court of Appeals stated that the exercise by the FCC of its preemptive jurisdiction strongly suggests that the lakeside Park ban an amateur radio antennas may violate federal lav, but that an accommodation of both amateur radio operation. and the legitimate planning needs of communities vas possible. 8. Pollovinq oral ar<c ;;.ent in c;• + Court of 'cpe,;l_, but prior '.o the decision on appeal, Lakeside Park adopted a new ordinance No. 9-85 regulating radio antennas, which permitted radio antennas i_ ;;tited to a single vertical rod not to exceed 50 feet in height, - i.`h horizontal elvi:.:nts not to exceed eight feet in length, and �_ch other restrir::i,Qns. 9. The antcnn:: proposed by plaintiff would have exceeded the dtrrnsions set forth in the new ordinnnce 9-85. 10. As set for:•.h by the evidence in the record, which'was :",:"flitted in part hl plaintiff in part .y the Amirus Cur.i;ce, the :?rican Radio Relay League, plaintiff's interests in entp,ging in !ilLtective national itnd worldwide amatoiar radio communications r.:,,;uire antennas :on ported at a height ref sixty--f.ive (55) _et. No .A.-l .nance of the r,.C.andants ,:ould literally ar..r_oacxiate sou requirements. 11. On the motions for summary jr_HT:tent* this can't issued a .•...—al unary order ca Jzlivaxy 15, 1987, the tentative conciusions; of ithich are incorporated her•tin_ - 4 -- 4 12. As agreed by tbc' parties and the court in conference ea February 12, 1987, the plaintiff shall be permitted to erect a sixty-five (65) foot tower, and to support an antenna for use on the 10, 15 and 20 meter amateur radio bands on the top thereof; and, the incremental aesthetic difference between sixty-five (65) and seventy.-three (73) feet being insubstantial, plaintiff shall be permitted to support an antenna for use on the 40 meter amateur radio band on a mast eight feet above the top of the tower at a height of :_eventy-three (73) feet. 13. rurthor, the partite; agree (1) that the tower supporting the antennas may be erected by the plaintiff in the rear yard of his residence in Lakeside Park; (2) that the totrer and the ancc.ars for the guy vivee supporting the tower shall be placed (unless the plaintiff eed the City zoning edtiinistrator otherwise agree) at a distance or least 15 feet fro-, the side yard lines of the plaintiff ana at lee et 10 feet from the rear yard line of the plaintiff; (3) that no poi Lion of the antenees or supporting structure uhall extend Ixycnd the tnundaries of pleietiff's property; eed (4) that the antennas, _o:er, and other supporting elements r,T_inll conform to or exceed all engineering ,s*anti:,r ds for safety and structural integrity as set fot.Lh ;n plaintiff's vti-ginal applications for zoning penitt, which are in the record end :incorporated into the stipulations of facts. 14. Accordingly, the defendants shall elle:: plaintiff to erect, eeanta.in and use An i„_73S r.adi,o '.'antenna syatcr es :,ct forth in tike provisions above unaffected by aay present or future 5 - - 7%-/ ordinances of the City to the contrary, and shall issue to plaintiff all permits necessary therefor. 15. Judgment shall be awarded for the plaintiff and against the defendants in the amount of ;13.800.110, and all further claims for compensation as damages, costs or attorneys' fees shall be dismissed. _ BEFORE, final judgment is hereby entered in accordance with the terms of this consent decree as set forth above. SO ORDERED. f�_ may.•. l , William 0. Sertelsmari United States District Judge 4144 //' -{^ ,:;"; Qk tavt1 A_ Scree er (I. amen 30,.:,:ph L. Baker ✓ J+.tr_.�4. Jordan /e_i_gl.;cr & SUne.id+ir 1L0l3 rev Tower 200 CovztngtOn Thilding C;ncinnnti, Ohio 45202 ow; '".ir7icon W ttnue. . (51a) 891-4455 C: -i± .;lton, Kc:n'Luc;ty 41011. A5_torneys for the 3'i;sintiff (6Th) 581-4553 John TThernen Attorneys for Da-f nlact ets City of Lakeside Par:, Rentuc)y, William J. Schatte, City of tEces de Park Board of Asa juste+=n'-s, T;:r,til ravi3 Y.crntz, V trn ihii. Mar",:, `n4 Dr. Wa.rron COrbi i 6 - y I (mil=WI is �. �«� I - _` . 1 q y}q]j ar e ,. a r s _ _ - e . za a pl... 4 Y V.- tr y . - s • -- - ai c � cd� 6� 3r.0 131 Po - • r ti a a? a "2O + a 7 I j C.) Ea�� r. s}_g �i- ; - g C tat 41 9 tap 04 sat ice ;• 1 s L • Q a ai � ��CC �agEm�—y��r�atZa _ z 1 I ..I y = • I .� n G a •!.� v YLL `a _•• I • o .S C... 41 O. Iu \"� - t1 `/ wti ++ir 1 oyp0ILI tt a a - • 1 I VL'•L•^i a( a a It t• a�Y•�a c �eO.Q.a -t 1 got se:.D p _ .• • . I i e _ « O e9 a• 4 .. vOar?.; t t triov• m u cs u_ .•e d {e� a �CO l.i4 u .... 43r a^t+ • 7 .• 4 C �`�v Fa • V lit —�7 •1 t I �� •_ � a� i •••• 0.1 Z el) . .. r U4 Eo n-a 41e ��. boa• : a°�ty� } • 2 "ti1 t L a r_ a iv la era, a sn _ �� a� C D • 1 Cop ce9� .,f,.5 V v •-. . 'a--"= - .i ' 1 �� e7 qqY El= _Jys gag ,. •.fad i • C/ Or - n OM YIC aL4 .. O ; 1 Y Y a 6 r � 'tao EEa � o _ .— I 'r' t ' ao0 so= Qae - ` �+( Ada � � a Y. S . (j F • • ; Joq pQ {to!!a�`� �_Y...Q i•� �yy�:� a .. . - .. ••••••••••••••••••••••••••41 �.• . f - y . Washington Mailbox Conducted By John C. Hennessee,KJ4K8 Regulatory information Assistant,ARRI Deed Restrictions and the Radio Amateur In the last installment of this column development is sold again. feet in height. Require that, within two (January 1988 QST, pp 55-56), we dis- After the builder sells all the houses in weeks of the signing of the contract, the cussed zoning and other municipal restric- the development,he has no further interest seller give you a notarized statement to that tions on the installation and operation of in enforcing the covenants. He has made effect. If there are such covenants, you Amateur Radio antennas. The impact of his profit and is off to the next develop- could attempt to obtain approval for your adverse antenna ordinances has been went. Typically, the declaration of proposed antenna from the homeowner's minimized by the PRB-1 preemption order. covenants provide that enforcement association,architectural control commit- Municipalities, generally speaking, now authority passes at that time from the tee or the builder,in accordance with the understand that their desire to regulate builder to the homeowner's association for covenants, before signing the contract to antennas must be tempered by reasonable the development and/or to individual purchase the house. accommodation for Amateur Radio homeowners themselves.The homeowner's Do not rely on oral representations of operation, and that only the minimum association is charged with maintaining the anyone involved.Unless you have written, practical restrictions on antenna instatla- aesthetics of the neighborhood,and often unconditional authorization from whoever dons can be enacted.The trouble is,cities, can determine whether any additional has the enforcement authority,you should towns and counties are not the only source structures,such as a tool shed, swing set not assume that you will be able to put up s j of antenna regulation.Your neighbors,and or antenna, -can be built at all. if a your antenna after you settle on the house. the local homeowner's association, may homeowner installs an antenna in violation Your attorney should be consulted before have the authority to regulate antennas, of the covenants,he or she can be sued,and the contract is signed, • too. PRB-I can protect you from your in some cases,fines can be assnsed in the town, but not from your neighbors. form of liens on the land. Some advance Q.But in my area,!can't buyanew house. Long before zoning regulation of land research can help avoid costly problems or even a recently built house without • existed, private restrictions, placed in later,as we will see. covenants.Can't I challenge the covenants deeds,controlled the uses to which a parcel or get the FCC to invalidate them on that of land could be put.The English system Q• What are deed restrictions and how can basis? of common law permitted a seller of land I find out if there are any on my land? A. No. Both the courts and the FCC to impose certain restrictions on the use of A. Deed restrictions, filed with the land presently view antenna covenants as a that land,which that seller,even after the records office for cities or counties, are private contractual matter between the sale was long past, could enforce in the usually termed "Declaration of buyer and seller of land.This may not be courts.These restrictions, formerly called Covenants" or something similar. This a realistic view as, more and more, covenants,were included in the deed from master list of covenants,which is;)rimari- amateurs have no alternative in choosing the seller of the land to the buyer.Today, ly a list of things not to be done on a where to live.While the League attempts deed restrictions are typically referred to as particular tract of land, is referral to in to change these attitudes,the fact that land Covenants,Conditions and Restrictions,or deeds from the seller of land to a buyer, without covenants is unavailable in a par- "CC&Rs." The land is sold to a buyer "sub;;ect to" titular area does not make a good defense . These days, covenants are used often, the covenants on file.Even if you do not to covenant restrictions. especially in new housing developments,by' buy your land from the original builder Some amateurs have successfully builders or developers as a means of con- who filed them, the covenants "ran with Q as- trolling land use after individual parcels of the land"if they are referenced in the deed serted their rights to install antennas in spite land are sold.Suppose,for example,that to any particular buyer. So, even though of deed restrictions prohibiting ant:rnnas. a builder has a tract of 100 homes,and is you may never have seen the list of How can this be done? selling them one at a time to families.The covenants on file,and even though they are A. There are some standard defenses to builder,until he is able to sell all of the lots, not fully explained in your deed,and even covenants.The best one is to show that the wants to control the use of the homes he if you did not buy your home directly from restriction has not been enforced against already has sold so,for example,one of the the builder who established them,you are others in the neighborhood.If there are CB buyers cannot paint his house 20 different bound by them,as you have bought land antennas, or other amateur antennas, it colors, making the remaining unsold which is itself subject to those restrictions. may not be possible to enforce the restric- houses less marketable. Since the time of You should,before you sign a contract for tion against you. Even in this case, the CB boom in the mid-1970s, builders the purchase of land, have your attorney however,there are limitations. One court and developers have included antennas in check the land records for covenants, has held that the existence of TV antennas the standard list of things they do not want in a development where covenants pro- homeowners to install while the builder is Q. How can 1 avoid antenna covenants hibited all antennas did not constitute attempting to sell the remainder of the when I buy a house? abandonment.An amateur could not put houses in the development.They are eon- A.You may not be able to avoid then,but up a beam antenna because the amateur cerned that some people find them unat- you can avoid surprises. Make sute that antenna was held to be significantly dif- tractive. So, when the subdivision plan is your contract for the purchase of land ferent from smaller TV antennas.Also,do filed with the town,a list of covenants is specifies that the purchase is contingent on not assume that abandonment of one filed as well, and every deed from the the absence of any deed restrictions, covenant will extend to others. If, for p { builder makes reference to the list, sub- covenants or conditions which would pre- example,your neighbor keeps a boat in his u jetting every buyer to the restrictions,and vent or restrict your ability to install an driveway in violation of the covenants,this ' even subsequent buyers when a house in the amateur antenna at least(fill in the blank) will not waive the anti-antenna covenant. I;g I!it 80 DST There arc other defenses, however. The longer a covenant goes unenforced, the more difficult it is to enforce, as courts require prompt objections to covenant violations. Further, if actions of the homeowner's association have led the 1: amateur to believe that approval was given st A or that the cotenants would not be en- forced, it is arguable that the amateur ti should be allowed to keep the ante ma, N. even if in violation of the covenants. Q. The covenants in my development do not prohibit the installation of amateur antennas, but do require the approval of the homeowner's association before any structures are erected.How do I convince them to approve my antenna? I. A. Tactics differ, but generally the best strategy is to prepare in advance for the questions you are likely to encounter. Be prepared to tell them: (1)how you have - planned the installation to minimize visual • . ' impact;(2)how it will be safe;(3)how it will enable you to conduct emergency and public service communications for the neighborhood (you might point out the • advantages of your amateur station in z neighborhood functions); (4)how it will ,>, not affect property values;(5)how RFI is minimin.d by higherantennas;and,(6)that you need it in order to communicate ef- fatively and reliably.The best thing to do is to sit down with your immediate neighbors on all sides,explain what you propose to do and assure them that the Voice of America is not being constructed next door to them. If the approval of your immediate neigh- bors is obtained,the homeowner's associa- tion is much less likely to object.If you are anticipating much opposition,you might consider the advantages of a sank-up sup- 1, port structure and,as a compromise,offer to keep it cranked down when not in use. I • Q. It sounds as though the FCC has protected urfrom antenna restrictions,only to allow the same rest'ictions from a dif- ferentsource What is the.League doing to alleviate this problem? A.The ARAL Board of Directors consider covenants the most serious cumulative problem that faces amateurs at preset The League's Legal Strategy Committee is preparing factual data as to the pervasive- ness of covenants,in order to show that deed restrictions are not just a matter of a contractual agreement between the buyer and seller of land.As it is the FCC's policy to protect its licensees against unreasonable local restrictions,it should state that anti- ' x. antenna covenants are not in accordance ._ with public policy, to offer the amateur another tool to use in his effort to install an antenna that works. We will continue this work until the job is done. Note:Cuestions In this column ant typical of those . commonly responded to by AARL HQ staff. 1 Questions and answers above have been `- prey g D. by ARAL Counsel Christopher Imlay, ' c �ailbox �. .. ._ Sl1il1gto11 Conducted By John C.H Assistant. ARRL AM Regulatory Intimation Azglstant,ARRL PRB-1'—The Radio Amateur's Tool in Antenna Cases Amateurs know that an antenna is a FCC issued its declaratory ruling. In this interest in promoting amateur communia- thing of beauty.Unfortunately,not every- month's Washington Mailbox,we will dies- dons. Evidence of this interest may be one agrees. Amateurs have been erecting cuss zoning ordinances and building codes. found in the comprehensive set of rules that antennas and support structures for nearly and how they are affected by PRB-1.Deed the Commission has adopted to regulate the a century,and local officials have been at- restrictions will be covered in the next in- Amateur Service. tempting to impose restrictions on them for stallment of this column,as covenant re- almost as long. strictions are fundamentally different from Q. Why does PPS-I not specify a In years past, amateurs relied on their zoning ordinances and building codes,and "reasonable"hdght?How high can I put powers of persuasion in dealing with these provide unique challenges to the amateur my antenna before McZeMeg officials can officials. Conflicts between amateur who wishes to erect an antenna of signifi- tell me to stop? operators and local authorities over the ant size. A.It is true that the FCC declined to state antenna height,the placement in the yard, what it considered a reasonable height the number of antennas on a particular PRR-I below which a city or county cannot support structure, and the like, are quite Q. What does PRB-1 mean for the radio regulate antennas.Many commenters rug- - common. Although the FCC has set no- amateur faced with antenna restrictions? Bested certain minimum heights that they specific height limitation on amateur A. Issued by the FCC, PRB-1, cited as considered necessary for effective amateur antennas,amateurs must inform the FAA "Amateur Radio Preemption, 101 FCC 2d antenna performance. What might be if they intend to erect an antenna in excess 952 (1985)," is a limited preemption of reasonable in one area might not be in of 200 feet. Furthermore, there are very local zoning ordinances.It states three rules others.Few would suggest erecting a full- specific height limits if an amateur antenna for local municipalities to follow in regu- size 80-meta Yagi atop a 150-foot tower is to be erected near an airport or its lacing antenna structures:(1)state and local behind a townhouse,for example.Yet that associated flight path(see Section 97.45 of regulations which operate to preclude same antenna is entirely acceptable in a the Amateur Service Rules,and Pan 17 of amateur communications are in direct con- more rural environment. As a general the FCC rules generally).In the absence of flict with Federal objectives and must be principle, however,a municipality which detailed Federal regulations governing preempted; (2) local regulations which establishes a blanket height limitation of amateur antennas,municipal officials often involve placement,screening or height of any type.especially one which does not per- fill in the void by enacting regulations antennas based on health, safety or mit at least 65 feet of antenna height,will limiting antennas and their supporting aesthetic considerations must be crafted to have a difficult time justifying that limita- structures. These regulations seldom take accommodate reasonably amateur commu- tion as a technical matter, in light of into account the amateur's need for an nications; and (3) such local regulations PRB-1. Even that height may be inade- antenna of certain dimensions and height must represent the minimum practicable guate in many terrain conditions. in order that it may work effectively,and regulation to accomplish the local Q Now that PRB-I has established alimit so conflicts arise. _ authority's legitimate purpose. The situation reached epidemic propor- on local zoning authority,can I just put my tions in the early 1980s,and the amateurs Q.How can the Federal government(knit antennas up to a reasonable height, who invested family savings in fighting the local zoning power of the city and assuming that the ordinance in my town is local zoning, building code and covenant county officials, who are muds closer to the in violation of the FCC's policies? restrictions in courts around the country local land use conditions and who must A.Absolutely not.The PRB-1 Order is no were losing, due to the absence of a clear protect the general public? more than a statement of policy by the statement of any interest in the matter by A. PRB-1 recognizes the fact that load FCC. If you believe that your town's the FCC.The courts said that certainly the authorities can regulate amateur installa- ordinance is not valid in light of PRB-1, FCC regulates radio,but in the absence of a dons to insure the safety and health of it is up to you to establish that and get the clear statement from FCC that limits the persons in the community,but holds that ordinance changed by the city or county zoning power of cities and counties, the such regulations cannot be so restrictive council,or to have the existing ordinance traditionally local interest in zoning regula- that amateur communications are pre- declared invalid by the state or Federal Lions which protect the public generally eluded. Nor can the regulations be more courts in your area. To violate the must supersede that of the amateur. restrictive than that necessary to ordinance,or to put up an antenna without By October of 1983,the ARRL Board of accomplish the local purpose of protecting a permit,can subject you to serious fines Directors reviewed the adverse court deci- the community. The theory of PRB-1 is and even criminal penalties.In encouraging sions and realized that antenna restrictions that there is a reasonable accommodation local municipalities to afford appropriate would continue to be a major stumbling to be made between the amateur's coal- recognition to the Federal interest in block unless a statement of Federal preemp- munications needs and the obligation of amateur communications, the FCC said tion of local zoning ordinances was issued zoning authorities to protect the coin- that amateurs who believe that local or by FCC.On July 16,1984,the League filed munity's health,safety and general welfare. state governments have been overreaching with FCC a formal request for issuance of Jun as it is the zoning official's job to and have precluded their communications a declaratory ruling which would declare insure the general welfare of the coin- goals may lose the PRB-1 document to void all local ordinances which preclude or munity, it is the FCC's job, dictated by bring FCC policies to the attention of local significantly inhibit effective, reliable Congress,to protect and enhance interstate tribunals and forums. It is still up to you amateur communications.Many hundreds and international communications,such as to prove that the existing ordinance is not of comments were filed when FCC estab- those provided by the Amateur Radio in accord with PRB-1. fished a pleading cycle, labeled PRB-l. Service.PRB-I notes that while there are Comments were filed by amateurs,zoning certain general state and local interests Q: What do(need to do to prove that the authorities and city planners. which may,in their even-handed applica- ordinance in my town is in violation of September 19, 1985 was a red-letter day -tion, legitimately affect Amateur Radio, .PRB-I? in the history of Amateur Radio, as the there is nonetheless also a strong Federal A. Essentially, the issue is one of January 1988 55 =� . . • engineering evidence. You should be able especially relative to the size of the base and accommodation for amateur antennas in to establish that you need an antenna of a guying factors.Finally,as to B:FI,that sub- local zoning ordinances. certain height in order to reliably-corn- jest is solely for the FCC to consider.It is Most recently,PRB-1 was milked upon by municate on amateur HF,.VHF and UHF not at all subject to local regulation,and a United States District Court judge invoid- bands. League HQ can assist you in pre- is not properly a part of a zoning official's ins an antenna ordinance in vanes Point, paring technical materials for your pre- deliberations, New York, which limited antennas to no sentation to the planning board, city more than 25 feet.The Court held that a council,or at a zoning hearing.For a copy a Judges, city councils and zoning limit of 25 feet of antenna height seriously of the"PRB-1 kit,"send the Regulatory officich place considerable emphasis on the interferes with the full enjoyment of the Information Branch at HQ a large 9 x 12 way past similar cases have been decided. amateur's license to operate an Amateur self-addressed envelope with 31.41 in Has PRB-I been used in a court ease Radio station.Though the Court noted that postage affixed. This package of successfully? testimony supported minimum antenna information will include PRB-1, sample A.Yes.John Themes,WM4T,successfully heights of between 60 and 70 feet for good ordinances and other related material sued the City of Lakeside Park,Kentucky, reception under ideal atmospheric condi- which will be helpful to persons faced with after initially receiving an adverse deter- Lions, the Court found it unnecessary to unreasonable ordinances. The names of urination by a United States District Court reach the issue of what height is necessary. two ARRL Volunteer Counsel will also be judge.Themes had applied in 1982 fora Rather,it was only necessary in that case to given. PRB-1 can also be found in building permit for a 78-foot tower and find that a 25-foot blanket height limitation November 1985 QST, pages 6063. antennas.The city denied his application, was not reasonable in light of FRB-1. The usual concerns of a municipality in claiming that the zoning ordinance did not deciding how to regulate antennas are permit antennas and support structures. Does PRB-]Q. require that the home- - aesthetics,safety,property values and fears Therm sued the city,and a United States owner's association and architectural of interference(RFD. As to the aesthetics District Court judge noted in 1984 that control board in my subdivision approve and property values issues, which are there was no statement of FCC preemption my antenna once I have the building permit related,the municipality's interests must be of local zoning regulations. Themes for the tower from the city? balanced against those of the amateur.No appealed to the United States Court of A. PRB-I specifically was limited by the one can convince a person that an antenna Appeals,and on the eve of the oral argu- FCC to apply only to zoning ordinances looks good if they feel otherwise,but it can ment in that case, the FCC issued its and building codes.The FCC said that its be established one way or another what declaratory ruling. PRB-1. That was ruling does not apply "to restrictive effect an antenna of a certain height will enough for the appeals court to send the covenants in private contractual agree- - have on property values. Studies that the case back to the District Court for menu. Such agreements are voluntarily League has conducted have shown that reexamination. The same District Court entered into by the buyer or tenant when nearby antennas have no effect whatsoever judge who had ruled against Thanes earlier the agreement is executed and do not on property values_The opinion of a local this time indicated that he was inclined to usually concern this Commission."In the professional appraiser is a beneficial bit of rule the other way.The City agreed to have next installment of this column, we will preparation.The safety factor can best be a judgment entered against it,and Themes examine how restrictive covenants arise and addressed through exhibition of tower was able to put his tower and antennas up what one can do about them, manufacturer's specifications for tower 73 feet.He was awarded attorney's fees in [Note: Questions in this column are typical of erection.Be sure to explain that there is no the amount of$13,800 as well.The judge, those asked of ARRL HO staff.Questions and relationship between antenna height and in the consent judgment, noted that answent whwtt apPear are prepared byARRL gaff safety. The safety and have been reviewed try ARRL Cc upset Chrs issue is best dealt with municipalities have an obligation,pursuant Imlay,NakED for agreement with current FCC by ensuring integrity in the installation, to PRB-1, to cooperatively arrive at an interpretations and policy] IIi $Ha for nomination. SECTION MANAGER ELECfON ppelllri g Petitions must be received at Head- RESULTS (continued from page 54) quarters on or before 4 PM Eastern Local g Ballotin results:In the Alabama Section. Tune March 4, 1.88, No petition is valid without at least five Whenever more than one member is James M.Spann Jr,WO4W,received 653 signatures on that petition. It is advisable nominated in a single Section,ballots will votes and Joseph E.Smith Jr,WA4RNP, to have a few more than five signatures,on be mailed from Headquarters on or before received 172 votes.Mr Spann was declared each petition. April 1, 1988. Returns will be counted elected- Petition forms(FSD-129)are available May 24, I988. SMs elected as a result of In the Delaware Section. Robert J. on request from the ARAL Headquarters the above procedure will take office Pegritz. KC3TJ, received I35 votes and but are not required. The following is July 1, 1988. Carl M.Dennis,KC3RY,received 54 votes. suggested: If only one valid petition is received for Mr Pegritz was declared elected. (Place and date) a Section,that nominee shall be declared In the Kansas Section, Robert M. Field Services Manager, ARRL elected without opposition for a two-year Summers.KOBXF,received 335 votes and 225 Main Street, Newington, CT 06111 term beginning July 1, 1988. Clayton L. Robinson, WOFRC, received We,the undersigned Full members of the If no such petitions are received for a 238 votes. Mr Summers was declared . ARRL Section of the...Division, Section by their specified closing date,such elected. -I hereby nominate...as candidate for Section will beresolicited in In 1988 QST. In the Michigan Section, George E. 1 Section Manager for this Section for the An SM elected through the resolicitation Race, WBSBGY, received 1320 votes and next two-year term of office. will serve a term of 18 months_ Adam Paul Banner, WBSTQR, received i (Signature...Call...City.--ZIP. .) Vacancies in any SM office between eke- 330 votes. Mr Race was declared elected. Any candidate for the office of Section Lions are filled by the Field Services In the New Mexico Section, Joe T. Manager must be a resident of the Section, Manager. Knight. WSPDY, received 363 votes and a licensed amateur of Technician class or You are urged to take the initiative and Bob Scupp,WBSYYX,received 156 votes_ higher,and a Full member of the League file a nomination petition immediately. Mr Knight was declared elected. for a continuous term Mat least two years Richard K. Palm, KICE Their term of office began January 1, immediately preceding receipt of a petition Field Services Manager 1988. 56 OsT. J . Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) Establishment of a Policy of) Limited Federal Preemption )) PF.B-1 of State and Local Regula- tion of Amateur and Other ) Radio Station Installation ) and Operation REPLY COMMENTS ON ARRL'S REQUEST FOR FEDERAL PREEMPTION OF LOCAL AMATEUR RADIO ANTENNA ZONING McKENZIE WHITAKER Trial Attorney CARL WAYNE SMITH Assistant Regulatory Counsel J. RANDOLPH MacPHERSON Chief Regulatory Counsel - Telecommunications Department of Defense Washington, DC 20305-2000 For The Secretary of Defense 25 January 1985 • Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) Establishment of a Policy of) Limited Federal Preemption ) PRB-1 of State and Local Regula- tion of Amateur and Other )) Radio Station Installation and Operation REPLY COMMENTS ON ARRL'S REQUEST FOR FEDERAL PREEMPTION OF LOCAL AMATEUR RADIO ANTENNA ZONING DECLARATORY RULING The Secretary of Defense, through duly authorized counsel pursuant to Section 201 of the Federal Property and Administrative Services Act of 1948, 40 USD § 481, and the Memorandum of Understanding between the Department of Defense and the General Services Administration dated November 27, 1950 , on behalf of the national security, emergency preparedness (NSEP) and consumer interests of the Department of Defense (DoD) , hereby , respecfully submits the following reply comments in response to the invitation extended by the Federal Communications Commission in its Public Notice dated August 30, 1984. I TAE D REQ� FOR THE ARRL DECLARATORY RULING The Department of Defense shares ARRL,'s concern over the proliferation of "anti-ham" zoning ordinances which prohibit effective operation of amateur radio stations by limiting antenna heights or restricting accessory uses of residential real property. Continued success of the existing NSEP telecommunications plans involving amateur stations would be severely diminished if state and local ordinances are allowed to prohibit the construction of and usage of effective amateur transmission facilities .' The Department of Defense has long recognized that amateur radio operators are a valuable NSEP telecommunications resource. Historically, amateur radio operators have been in the forefront of volunteers who respond to emergency situtations. This response is always of critical importance in the first few hours after a major disaster or local emergency. Recent cases that reflect this positive action by the amateur community are: A. The amateur radio system provided assistance to the U.S. government forces ' during the recent invasion of Granada. This _ action was acclaimed by the President as being essential to the 1. Concern about the adverse impact of local ordinances in amateur radio operations has recently been expressed in the U.S. Congress . United States Senator Barry Goldwater has introduced a resolution in the Senate, S. Res. 36, 99th Cong. , 1st Sess . , 131 enate FCCgtakecaction6tol985) ,prevent unreasonable:at asks ehe Santennao resolve that the restrictions being imposed on federally licensed operators . -2- saving and ."scuing of American lives. B. • Amateur radio volunteers also provided a timely service to restore the telephone system of New Orleans after the flooding of the city in 1983. C. The amateur operators on the island of Hawaii provided emergency communications support after the devastating hurricane Iwa that struck the islands in 1982. D. The U.S. Dept. of State has a working relationship with the amateur operators who •track hurricanes in the Atlantic area. E. Amateur radio operators provided emergency support after the recent California earthquake that struck the Coalinga area. They were vital to the support (internatonally) provided after the quake that devastated Manauga, Nicaragua. F. Amateur radio operators , in cooperation with the U.S. . Coast Guard and Navy, provide life saving support to distressed vessels at sea when assistance is requested. To maintain the responsiveness of this resource several federal agencies have developed plans for the organized use of amateur stations to supplement residual telecommunications in the event of crisis or emergency. These plans are tested on a regular basis and have been supported by the amateur radio community. The Military Affiliate Radio Service (MARS) is an element of the U.S. Department of Defense (DoD) that uses -3- Mist r V • licensed radio amateurs in support of DoD requirements. Restrictior of amateur antennas would also restrict this activity in the MARS members ' home installation. The Air Force Auxiliary (Civil Air Patrol, [CAP)) makes extensive use of volunteers, including communicators , to support their missions. It should be noted that the CAP is the primary element providing search and rescue for the DoD within CONUS when a military or civilian aircraft is missing. CAP communicators, in many instances , operate from their homes; once again, undue restrictions on antenna's adversely affect their efforts. National Security Decision Directive-97, National Security Telecommunications Policy, has also resulted in an NSEP initiative by the National Communications System (NCS) that would make use of amateur radio, MARS and CAP systems to provide vital orderwire and traffic communications in support of restoration of NSEP telecommunications under national emergency circumstances. It should be noted that orderwires are the highest priority in the joint FCC/NCS restoration priority system. The resources of: the volunteer systems would also be used to provide traffic passing of vital communications on behalf of federal officials who have been cut off from their normal communications. The Federal Emergency Management Agency (FEMA) has a plan that utilizes the resources of amateurs who have signed up in support of Radio Amateur Civil Emergency Service (RACES) . This system supports the needs of state and local officials . • The attachments hereto reflect some of the federal government's agreements on use of volunteer systems . • -4- 4 WHEREFORE, for the reasons set forth above, the Department of Defense res -'ctfully supports the request of ARAL that the Commission issue a declaratory ruling delineating the limitations of local zoning and other local and state regulatory authority over federally-licensed amateur radio facilities. Rasp ctfully submi ted, c L\14. • HcKENZIE WHITAK.ER Trial Attorney Office of the Chief Regulatory Counsel - Telecommunications Department of Defense Defense Communications Agency Attn: Code 115 Washington, DC 20305-2000 Phone: (202) 692-22049 for • The Secretary of Defense. • • -5- S • • A Federal judge has relied on PRB-1 to void a local height limitation as applied to an Amateur Radio antenna. Andrew B. Bodony, K2LE, had brought suit in U.S. District Court for the Eastern District of New York to overturn denial by the Village of Sands Point of his application for a • building permit for an 86-foot tower, retractable to 23 feet in height. In granting partial summary judgment in Bodony's favor, District Judge Jacob Mishler found PRB-1 to be a proper exercise of FCC authority and found that the Village was precluded from applying its 25 foot height limitation on accessory buildings to Bodony's proposed antenna. This court test of PRB-1 represents the first time a local zoning ordinance as applied to an Amateur Radio antenna has been decla::ed invalid on the basis of PRB-1, and further strengthens the position of radio amateurs fighting unreasonable local ordinances. • • R.ECEiVED SE, O4, UNITED STATES DISTRICT COURT :. !'v' EASTERN DISTRICT OF NEW YORK x ANDREW B. BODONY, CV 86-3967 Plaintiff, -against- Memorandum of Decision INCORPORATED VILLAGE OF and Order SANDS POINT, MARJORIE WEINSTEIN, BRUCE SHROYER, MARIO TRIBUNO, HARRY B. ANDERSON and ALBERT SHAPIRO, individually and in their capacities as members of Board of Zoning and Appeals of the Incorporated Village of Sands Point, and LEONARD WURZEL, Building Inspector, - • . Defendants. September 21, 1987 x APPEARANCES : ii SEYFARTH, SHAW, FAIRWEATHER ' & GERALDSON, ESQS. • Attorneys for Plaintiff 757 Third Avenue - New York, New York 10017 Timothy J. McInnis, Esq. , Of Counsel • Michael L. Hirschfeld, Esq. , Of Counsel SHEFT, WRIGHT & SWEENEY, ESQS. Attorneys for Defendants 11 Broadway New York, New York 10004 Robert P. Siegel, Esq. , Of Counsel MISHLER, District Judge • • ..o.• it • • 2 MISHLER, District Judge Andrew B. Bodony is an amateur radio operator, • licensed by the F.C.C. as an Amateur Extra Class licensee. On October 5, 1984, the F.C.C. granted Bodony an amateur radio station license for Bodony's residence at Cornwells Beach Road, Sands Point, Nassau County, New York. Soon thereafter Bodony began preparation for the erection of a free standing structure for an antenna system, 23 feet in height in its retracted position and 86 feet in height in its extended position. Bodony excavated an area of about 4 1/2 feet square to a depth of about 12 feet and poured concrete into the excavation to serve as an anchor for the antenna. The site of the antenna is a wooded area and it is expected that trees will shield the antenna from public view when it is extended to its maximum height. - The Incorporated Village of Sands Point ('Village' ) issued a summons charging Bodony with a violation of a village ordinance requiring a building permit for the structure. Bodony applied for a building permit. The Village denied the permit. Leonard Wurzel, building inspector of the Village, is joined as a party defendant. On January 23, 1986, Bodony appealed to the Zoning Board seeking a variance of section 352.2 of the Building Ordinance of the Village which limits the height of accessory buildings to 25 feet. After conducting a public hearing, the Zoning Board, in a formal decision dated October 27, 1986, denied the application and found: Within the Village of Sands Point there are several residents who operate amateur radio stations with towers and antennas which conform to the height restrictions of the Building Zone Ordinance of the Village and communicate at frequent intervals. The applicant has failed to demonstrate that he cannot operate an amateur radio station with an antenna which conforms to the height restriction in the Building Zone Ordinance and that he has suffered any hardship. The applicant has failed to prove that the tower and the antenna thereon is (sic] safe. The proposed construction of the tower and antenna would (a) depreciate the value of the property of the Village; (b) create a hazard to health, safety and general welfare; (c) be detrimental to the character of the neighborhood or to the residents thereof; (d) alter the essential character of the neighbordhood, or (e) otherwise be detrimental to the public convenience and welfare. + Ar:- .........-.:.-.�wrw.w.w.�.....i.....�.... '..�.i' :..:J: 9i.i.. ..:.:y.:�+::�«. _ The Complaint The complaint alleges eight claims against the Village, members of the Zoning Board and Wurzel as follows: Count 1 - Section 352 para. 2 of the Village Building Ordinance is preempted by the Declaratory Ruling • of the F.C.C. published September 25, 1985 in the Federal Register, 101 F.C.C. 2d 952, Fed. Req. 38, 813 (PRB-1) , which in pertinent part declared: Local regulations which involve placement, screening~ or height of antennas based on health, safety or aesthetic considerations must be crafted to accommodate reasonably amateur communications, and to represent the minimum practicable regulation to accomplish the local authority's legitimate purpose. Count II - The height restriction is unconstitutional in that it constitutes a burden on radio communication and interstate commerce in violation of Article I, Section 8, Clause 3 of the Constitution (power to regulate interstate commerce) . Count III - A violation of First Amendment rights of free speech, assembly and association. ►-•4• .__ ... . . _.: la4 - JIC1h�P°.T+lGr.• .V. • _ - • -1.. .. .. ... '-.C' rLi -:4.�l ri it • • 5 1 1 ii Count IV -- A violation of the Fourteenth Amendment right of equal protection of law in that 1 Section 352, para. 3 provides: "No other buildings shall • I exceed forty (40) feet in height or three (3) stories and attic. Church spires, belfries, flagstaffs, chimneys, flues and television antennae may extend above said height limitations. " ("Other buildings" as used in 1 paragraph 3 are buildings other than principal dwellings ij and accessory buildings. ) I Count V - A violation of the First and i 1 Fourteenth Amendments in that it subjects the plaintiff to possible criminal liability and the ordinance is vague and overbroad and fails to inform, guide, instruct or t direct the Zoning Board in consideration of plaintiff's application. As applied. the ordinance has a chilling effect on plaintiff's constitutional rights. Count VI - The height restriction does not bear a reasonable relationship to the state's police power and therefore is unreasonable, arbitrary, discriminatory, oppressive and confiscatory and constitutes an unwarranted interference with substantial property rights. p.04$ • • 6 Count VII - The hearing conducted by the members of the Zoning Board was unfair in that (1) they had arrived at a determination to deny the application prior to the hearing; (2) evidence was introduced of a difficult technical nature without notice or an opportunity to meet it; and (3) they sought advice and counsel from third parties to support their predetermined denial of the application.!/ Motions Bodony moves pursuant to Fed. R. Civ. P. 56 for partial summary judgment on Counts I, IV and VI seeking a declaratory judgment declaring that the height limitation as applied to him for the purpose of erecting an amateur radio antenna system to a height in excess of 25 feet is invalid. Defendants cross move for summary judgment to dismiss the complaint on the ground that the Zoning Board did not act arbitrarily or unreasonably in denying Bodony's application for a variance. s • • ; DISCUSSION Preem tion II Pgg-1 states under the caption "Summary" II This document declares a limited preemption of state and local regulations which preclude amateur communications. The ruling is necessary so that amateurs and local II governing bodies alike will be aware iii of the strong federal interest in ;I promoting amateur communications. i Further , under the caption "Local Ordinances," PRB-1 states: 11 3. Conflicts between amateur antennas operators regarding radio and local authorities are common. . . . These limiting regulations [on 1 height] can result in conflict because the effectiveness of the • communications that emanate from an amateur radio station are directly• dependent upon the location and the height of the antenna. Amateur operators maintain that thy are careain precluded from operating in bands allocated for their use if the height of their antennas is limited by a local ordinance. Further, under the caption, "Discussion" 22. Few matters coming before us present such a clear dichotomy of viewpoint as does the instant issue. The cities, counties, local communities and housing associations see an obligation to all of their citizens and try to address their roa" s • concerns. . . . At the opposite pole are the individual amateur operators j and their support groups who are troubled by local regulations which may inhibit the use of amateur stations, or, in soma instances, totally preclude amateur communications. . . . In this situation, we believe it is appropriate to strike a balance between the federal interest in promoting amateur operations and the legitimate interest of local governments in regulating local zoning matters. The cornerstone on which we will predicate our decision is that a reasonable accommodation { may be made between the two sides. 24. EW]e recognize here that there are certain general state and local interests which may, in their even- handed application, legitimately affect amateur radio facilities. Nonetheless, there is also a strong federal interest in promoting amateur communications. . . . We recognize the amateur radio service as a voluntary, noncommercial communication service, particularly with respect to providing emergency communications. . . . Upon weighing these interests, we believe a limited preemption policy is warranted. . . . • 25. Because amateur station communications are only as effective as the antennas employed, antenna height restrictions directly affect • the effectiveness of amateur communications. Some amateur antenna configurations requite more • substantial installations than others if they are to provide the amateur operator with the communications that • he/she desires to engage in. For example, an antenna array for international amateur communications noes .,�.a... _... f _ - ter.-�:.•_'_- �:..•r ..?.-:r:.. .• -�.. e -�� - _ .r-rl:q a. - :.k. w. air • • • 9 will differ from an antenna used to contact other amateur operators at shorter distances. We will not, however, specify any particular height limitation below which a local government may not regulate. . . Nevertheless, local regulations which involve placement, screening or height of antennas based on health, safety or aesthetic considerations must be crafted to accommodate reasonably amateur communications, and to represent the minimum practicable regulation to accomplish the local authority's legitimate purpose. Congress created the F.C.C. in the Communications Act of 1934, 47 U.S.C. S 151 et !Is. and granted the F.C.C. the power to promulgate regulations "as may be necessary in the execution of its functions. . . . " 47 U.S.C. S 154 (c) . The F.C.C. was given "broad responsibilities" to regulate all aspects of interstate and foreign radio under S 2(a) of the Communications Act of 1934, 47 U.S.C. S 152 (a) . Capital Cities Cable, Inc. v. Crisp, 467 U.S. 691, 700, 104 S. Ct. 2694, 2700-01 (1984) ; see also United States v. Southwestern Cable Co. , 392 U.S.. 157, 177-7S, 88 S. Ct. 1994, 2005 (1968) . The regulations have the same preemptive effect as federal statutes. United States v. • Shimer, 367 U.S. 374, 383, 81 S. Ct. 1554, 1560 (1961) . The F.C.C. decided on a "limited preemption" which _..:.�e. ��t iZT S.:,.��LC.-r+.t�c ..,�(., ...:.�.. _-.. a.. I - • • 1 requires the Village to vary the ordinance limiting the height of Bodony' s antenna so that he may use the license granted him by the F.C.C. for international communica- tions, and exercise its right to protect the health, safety and general welfare and preserve property values and the general character of the neighborhood by using ! the least restrictive height to accomplish its "legitimate purpose. " it Defendants' Position Defendants resist Bodony' s motion for partial summary judgment and support their own motion by arguing that: ( 1) Section 352.2 does not preclude amateur communications but only limits the height of the antenna to 25 feet, thus falling outside the area preempted by PRB-1. (Defendants' Memo p. 9 ) . (2) Bodony failed to demonstrate that he could not operate an amateur radio station within the height restriction of S 352.2. (3(g) Statement) . ( 3 ) The Zoning Board decided that construction of the tower would (a) depreciate the value of the property, (b) endanger the health, safety and welfare of the residents, and (c) be detrimental to the character of the fyy • ! ' neighborhood or the residents and change the essential character of the neighborhood. The Height Limitation as Affecting Bodony' s Rights as a Licensee One factor in determining the range and effectiveness of radio communication is the height of the antenna. Measurement from the ground tells us little. A 25 foot antenna in a valley surrounded by hills might be useless, while that equipment on a mountaintop might give iioptimum results. An antenna rising above the obstacles that interfere with radio signals obviously gives a Iigreater range and better reception than an antenna of a lesser height. The fact that S 352. 2 does not prohibit amateur communications is not the answer to a claim of preemption. An absolute limitation of height affects Bodony ' s right - to the full- use of his amateur extra class license and the license to use his property as an amateur radio station issued by the F.C.C. The Zoning Board did not consider a height above 25 feet that would at the same time "accomplish the local authority' s legitimate purpose. " The F.C.C. , in asserting a limited preemption, placed upon the Zoning Board the duty of striking "a • .-oa• i • 1L balance between the federal interest in promoting amateur operations and the legitimate interests of local governments in regulating local zoning matters. " The recital by defendants of the findings of the Zoning Board in arguing its opposition to Bodony' s motion does not preclude litigation of the validity of S 352.2 as it ' affects Bodony. See University of Tennessee v. Elliot, 478 U.S. , 106 S. Ct. 3220, 3225 (1986) . It is clear from the record of the hearing before the Zoning Board that a limit of 25 feet of antenna height seriously interferes with the full enjoyment by Bodony of his license to operate an amateur radio station.?/ The record fails to show that the erection of it i the proposed antenna will endanger the health, safety and general welfare of the residents or be detrimental to the , character of the neighborhood or to the residents. The Zoning Board did not determine the height above which the antenna would endanger the health, safety and general welfare of the residents. It is uncertain how the {I erection of the proposed antenna system will affect the outward appearance or aesthetic harmony of the neighborhood, given the proposed shielding of the system by trees. The action of the Zoning Board is devoid of any effort to make 'a reasonable accommodation . . . between the two sides. " we find that S 352.2 of the Building Ordinance is invalid as it applies to the plaintiff Andrew B. Bodony as an amateur extra class operator at the site licensed by the F.C.C. as an amateur radio station. Our discussion on the height of amateur radio station antennas is not intended to suggest an appropriate height. 1 We base our ruling on PRB-1, in preempting the right of ) the Zoning Board to arbitrarily fix a limitation on the height o£ an antenna to 25 feet. 30 Defendants' Motion for Summary Judgment i1 Bodony opposes defendants ' motion for summary judgment on the ground that he has not had the opportunity to discover materials in the exclusive possession of the defendants that would probably result in evidence showing the existence of material issues of fact. Schering v. Home Ins. Co. , 712 F.2d 4, 10 (2d Cir_ 1983) , Fed. R. Civ. P. 56 (f ) . We believe that Bodony has offered evidence that presents material issues of fact, and there is no reason to delay decision on the motion. roa• • • 13 We turn to defendants ' argument that the Zoning Board' s decision may not be overturned unless the action 1 is arbitrary and capricious. (Point IV, Defendants' 1 Memo) . Count VII alleges a civil rights claim in charging the Zoning Board with ( 1) having denied Bodony' s application before the hearing commenced, and (2) seeking 1 advice and counsel from third parties . . . as to the 1 best manner in which to deny plaintiff ' s applica- tion . . . " in violation of his right to due process. The court having directed production of document No. 7 in a memorandum of decision dated this day, and i1 defendants having consented to the production of documents numbered 5 and 8, finds fact issues presented on this claim. The court of course does not find that the claim is established. If - Bodony succeeds on this claim, the decision of the Zoning Board must be vacated. We are not bound by the findings of the Zoning Board in such event. See Acorn Ponds v. Incorporated Village of .North Hills, 623 F. Supp. 688, 693 (E.D.N.Y. 1985) . (The S 1983 claim goes beyond a claim of error in the application of the zoning laws and charges members of the Zoning Board with P-on t t I • • 15 an abuse of power that violated plaintiff ' s right to due process) . The issues presented in the claim were not before the Zoning Board. Enough has been offered in the record of the hearings to establish material fact issues for trial. Summary judgment is denied. We note in passing that abstention in a case iI involving claims of violation of constitutional rights is i ' inappropriate. ORDER t The motion of plaintiff Andrew B. Bodony for 1i partial summary judgment is granted to the extent of declaring the 25 foot height limitation contained in section 352, para. 1 on the antenna system (an "accessory I building" ) proposed by Bodony as void as it affects 1 Bodony as an amateur extra class licensee for the . licensed premises. Summary judgment on the issue of liability on Count I of the complaint is granted. See j I Lytle v. Freedom International Carriers, 519 F.2d 129, 133 (6th Cir. 1975) ; Leasing Service Corp. v. Graham, 646 1 F. Supp. 1410, 1414 (S.D.N.Y. 1986) ; Fed. R. Civ. P. II 1• I t ro.. i ,f .. t 1 • • • LO l ` 56 (a) : Wright. Miller 8 Aane, Federal Practice and Procedure 2d S 2737 at 446-53. Defendants' motion for summary judgment is in • ij all respects denied, and it is SO ORDERED. li U. S. D. J. �II ti . ,, , . ___ .. . . 3 �- t t • FOOTNOTES 1/ Plaintiff seeks to impose liability upon the members of the Zoning Board individually and as members of the Zoning Board. 2/ Testimony of experts indicates that a height of 60 to 70 feet is necessary for good reception under ideal atmospheric conditions. One Carl Silar, an amateur radio operator, stated that he received communications worldwide using an antenna which was less than 25 feet. He conceded 50 feet, 60 feet or 70 feet would achieve a better result. • The F.C.C. permits operators of Citizen Band (CB) radio transmitters to use an antenna 60 feet in height holding 'the primary purpose of permitting such an increase in height is to enable licensees 1 to erect antennas above nearby obstacles which may absorb radiated energy and thus decrease ability to communicate. ' 42 F.C.C. 2d 511, 513 (1973) . In Oelkers v. City of Placentia, No. CV 78-1301- y REST (C.D. Cal. 1979) (unreported decision) holding a 15 foot limitation on the height of an '! antenna unconstitutional as it affected the plaintiff amateur radio operator and found that the plaintiff was deprived 'of some radio frequencies' at an increased height of 50 feet (as ordered by the court) . 3/ We find it unnecessary to discuss the other grounds for the relief requested, i.e. , Count IV (equal protection of law) , and Count VI (S 353.2 unconstitutionally vague) . .•04. 1 . a PredEtvro SE? 2 UNITED STATES DISTRICT COURT Fes` EASTERN DISTRICT OF NEW YORK D~ -x ANDREW B. BODONY, CV 86-3967 Plaintiff, -against- Memorandum of Decision INCORPORATED VILLAGE OF and Order SANDS POINT, MARJORIE WEINSTEIN, BRUCE SHROYER, MARIO TRIBUNO, HARRY B. ANDERSON and ALBERT SHAPIRO, individually and in their capacities as members of Board of Zoning and Appeals of the Incorporated Village of Sands Point, and LEONARD WURZEL, Building Inspector, Defendants. September 21, 1987 -•-x A P P E A R A N C E S : SEYFARTH, SHAW, FAIRWEATHER • i GERALDSON, ESQS. Attorneys for Plaintiff 757 Third Avenue New York, New York 10017 . Timothy J. McInnis, Esq. , Of Counsel Michael L. Hirschfeld, Esq. , Of Counsel SHEFT, WRIGHT & SWEENEY, ESQS. Attorneys for Defendants 11 Broadway New York, New York 10004 Robert P. Siegel, Esq. , Of Counsel CHRISTOPHER D. IMLAY, ESQ. Amicus S Plaintiff Andrew B. Bodony objects to the Order of Magistrate David F. Jordan dated July 6 , 1987 to the extent that it denies discovery of documents numbered 1, 2, 3, 4, 6, 7, 14, 15, 16, 17 and 23 on a list described as 'Privilege List' pursuant to Fed. R. Civ. P. 72(a) . • Defendants claim error in the finding of waiver based on their failure to respond to plaintiff 's request t for production of documents under Rule 34 and further object to the production of numbers 10 and 11 on the ground of privilege. • we have examined the Privilege List in camera. it we find that document No. 7 is not a request for legal advice but rather one for the recommendation of an expert. A request to name a witness who will supply technical advice to the Zoning Board is the type of } request that is generally made of non-lawyers, and is not privileged. First Wisconsin Mortgage Trust v. First Wisconsin Corp. , 86 F.R.D. 160, 174 (E.D. Wis. 1980 ) , 8 wigmore, Evidence, S 2296. The document also contains a statement of information received by Ms. Weinstein that is not part of the record, which she indicates will be considered in arriving at a decision. Though ex parte II communications do not void an agency's decision, • • Southwest Sunsites, Inc. v. F.T.C. , 785 F.2d 1431, 1436 ( 9th Cir. ) , cert. denied, 107 S. Ct. 109 (1986) , the consideration of evidence outside the record will invite y an attack of such decision on due process grounds. 11 Simpson v. Wolansky, 38 N.Y.2d, 391, 196, 380 N.Y.S.2d , u . li 630, 634 (1975) . The plaintiff makes The argument in II this case. Document No. 7 is producible.1/ il � We agree with defendants that the Magistrate I was in error in directing production of documents numbered 10 and 11. Document 10 seeks legal advice of !; counsel and document 11 gives legal advice. a ii We have reviewed the circumstances under which the defendants failed to comply with Standing Discovery ! Order No. 21 of . this court (requiring assertion of privilege) and failing to move timely under Fed. R. Civ. P. 26 (c) . , The defendants' attorney' s conduct was not in I bad faith or for the purpose of delay. We find that the I magistrate's finding of waiver based on the violations of the rule and order to be error. The expense of the motion to compel production may nevertheless be recovered. ? Il r•o4a I _ . . _. - , ORDER Defendants are directed to produce documents No. 5 and No. 8 (by consent of defendants) and document No. 7. Documents numbered 10 and 11 are privileged and need not be produced. The motions by plaintiff and defendants are II granted to the extent indicated and are in all other ii respects denied, and it is SO ORDERED. A V U. S. . J. - FOOTNOTE 1/ Defendants consented to the production of document No. 8. Document No. 8 is a response to the request by Ms. Weinstein in document No. 7. ti �I ( Ji P-ON • FEDERAL COMMUNICATIONS COMMISSION WASHINGTON.D.G.20554 MAR 2 4 1986 IN RELY REFER TO: Christopher D. Imlay, Esquire American Radio Relay League, Inc. Office of Legal Counsel 1920 N Street, N.W. Suite 520 Washington, D.C. 20036 Re: Ordinance Regulating Radio Frequency Interference, Township of Ewing, Mercer County, New Jersey. Dear Mr. Imlay: I am writing in response to your letter of March 11, 1986, concerning the recent enactment by the Township of Ewing, New Jersey of an ordinance prohibiting radio transmissions that interfere with home- electronic equipment. According to your letter, the town ordinance generally provides that it shall be unlawful for any person to transmit any radio signals which interfere with the operation of televisions, phonographs , or other such household entertainment devices in such a manner as to disturb the peace, comfort, enjoyment, or general well being of others. You indicate that the local police have attempted to enforce this ordinance against some amateur radio operators in the township. Your letter further suggests that because the question of interference is completely preempted by federal regulation, the Township's ordinance is invalid. You request our - opinion on this issue. 4 Based upon the facts before us , the subject ordinance appears to _ regulate a matter that is exclusively within the FCC's jurisdiction pursuant to the Communications Act of 1934 , as amended. Congress may demonstrate its intent to preempt state law in three ways . First, it may, of course , expressly indicate in a statute its intention to preempt. Second, even in the absence of explicit preemptive language, Congress may implicitly indicate its intent to occupy a field. Such intent could be found in a congressional regulatory scheme that is so pervasive that it would be reasonable to assume that Congress did not intend to permit the states to supplement it. See Fidelity Federal Savings i Loan Ass'n v. de la Cuesta, 458 D.S. 141, 153 (1982) . Finally, in other instances, state laws may be preempted to the extent that they actually conflict with federal law. Such conflict may occur when •compliance with both Federal and State regulations is a physical impossibility.` Florida Lime & Avocado Growers . Inc. v. Paul, 373 Q.S. 132, 142-3 (1963) , or when state law 'stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.` Hines v. Davidowitz, 312 Q.S. 52, 67 (1941 ). For reasons similar to those • • Christopher D. Imlay, Esquire 2. set forth in 960 Radio, Inc. , FCC 85-578, released November 4, 1985, we believe that the Township ordinance is unlawful under both the second and third test. With regard to the second test , the provisions of the Canmunications Act governing interference are so pervasive that Congress obviously intended to completely preempt any concurrent state regulation. Section 303 ( f) authorizes the Commission to 'make such regulations not inconsistent with law as it may deem necessary to prevent interference between stations . 47 U.S. C. 5 303 (f) . Furthermore, recently enacted Section 302 (a) (2) provides that we may establish ' . . . minimum performance standards for home electronic equipment and systems to reduce their susceptibility to interference fran radio frequency energy.* Thus, under these provisions, we may regulate both interference between two radio transmitting stations or between a radio transmitting station and home entertainment equipment. Furthermore, the legislative history of Section 302( a) expressly indicates that Congress intended these two provisions to be exclusive of all state or local regulation of radio frequency interference (RFI) . In Conference Report No. 97-765, Congress noted: The Conference Substitute is further intended to clarify the reservation of exclusive jurisdiction to the Federal Communications • Commission over matters involving RFI. Such matters shall not be regulated by local or state law, nor shall radio transmitting apparatus be subject to local or state regulation as part of any effort to resolve an RFI complaint. H.R. Report No. 765, 97th Cong. , 2d Sess. 33 (1982) , reprinted in 1982 U. S. Code Cong. i Ad News , 2277. Finally, the Courts have also concluded that Congress intended the Commission' s jurisdiction to regulate radio interference to be exclusive. Blackburn v. Doubleday Broadcasting Co. , 353 N.W. 2d 550, 556 (Minn. 1984) . Thus, state regulation of radio interference is not permitted. Finally, the Township' s ordinance also fails under the third basis for preemption. Under Part 97 of the Rules, the Commission has crafted a regulatory system for the Amateur Radio Service. Those rules establish who may operate as an amateur, what frequencies may be used , and what practices are permitted. More importantly, these rules delineate the technical standards for operating amateur radio stations. State and local laws that either require amateurs to cease operation or pay fines when interference occurs conflict with our regulatory scheme. This is especially true when amateurs, who are fully complying with our rules, must tease operation or operate at technical levels below those established in our rules in order to avoid state or local sanctions. Such conflicts with our federal regulations are 3 CY,ristopher D. 'milk, Esquire • 3. subject to the same preemptive effect as conflicts with a federal statute . Fidelity Federal Savings & Loan Association v. de la Cuesta, 458 U. S. 141 , 153 (1983 ) . In closing, I would also note that the citizens of the Township of Ewing may, of course, seek our assistance in resolving any interference they may have. The Commission's Field Operations Bureau frequently investigates these kinds of problems and has prepared a pamphlet advising all interested parties on various actions they can take to reduce interference. I hope the foregoing is responsive to your inquiry. Sincerely yours, Jack D. Smith General Counsel JMcBride:OGC cc: File, Reading File, GC, Joe McBride. Larry Schaffner, Sheldon Guttmann, Attorney File Copy • • • Before the Federal Communications Commission roc 83-506 Washington, D.C.20554 36149 In the Matter of ) ) Federal preemption of state and ) PR8-1 Iocal regulations pertaining ) to Amateur radio facilities. ) E!.CRANDUM OPINION AND ORDER Adopted: September 16, 1965 ; Released:September 19, 1985 Ey the Commisslon:Comcissioner Rivera not participating. zlnrkgrgund 1 . On July 16, 1984, the American Radio Relay League, Inc. (ARRL) flied a Request for Issuance of a Declaratory Ruling asking us t, delineate the limitations of local zoning and other local and state regetr ory authority over Federally—licensed radio facilities. Specifically, the ARRL wanted an explicit statement that would preempt all local ordinances which provably preclude or significantly Inhibit effective, reliable amateur radio communications . The ARRL acknowledges that local authorities can regulate amateur installations to insure the safety and health of persons in the community, but believes that those regulations cannot be so restrictive that they preclude effective amateur communications. 2. Interested parties were advised that they could file comments in the matter is With extension, comments were due on or before December 26, 1984 2, with reply comments due on or before January 25, 1985 3. Over sixteen hundred comments were filed. 1 Fublic Notice, August 30, 1984, Mimeo. No. 6299, 49 F.R. 36113, September 14, 1984. 2 Put, ilc Notice, Decec>er 19, 1984, Mimeo No. 1498. 3 '_rcer , November o, 1964, Mimeo. No. 770. • • 2 • 1 oral Ordinances 3. Conflicts between amateur operators regarding radio antennas and local autr.orities regarding restrictive ordinances are common. The amateur operator is governed by the regulations contained in Part 97 of our rules. Those rules do not limit the height of an amateur antenna but they require, for aviation safety reasons, that certain FAA notification and FCC approval procedures must be followed for antennas which exceed 200 feet in height above ground level or antennas wnich are to be erected near airports. Thus, under FCC rules some amateur antenna support structures require obstruction marking and lighting. On the other hand, local municipalities or governing bodies frequently enact regulations limiting antennas and their support structures in height and location, e.g. to side or rear yards, for health, safety or aesthet •= considerations. These limiting regulations can result in conflict because the effectiveness of the communications that emanate from an amateur radio station are directly depeneent upon the location and the height of the antenna. Amateur operators maintain that they are precluded from operating in certain bands allocated for their use if the height of their antennas is limited by a local ordinance. 4. Examples of restrictive local ordinances were submitted by several amateur operators in this proceeding. Stanley .1. Cichy, San Diego, California, noted that in San Diego amateur radio antennas come under a structures ruling which limits building heights to 30 feet. Thus, antennas there are also limited to 30 feet. Alexander Vrenos, Mundelein, Illinois wrote that an ordinance of the Village of Mundelein provides that an antenna must be a distance from the property line that is equal to one and one-half times its height. In his case, he Is limited to an antenna tower for his amateur station just over 53 feet in height. 5. John C. Chapman , an amateur living in Bloomington, Minnesota, commented that he was not able to obtain a building permit to install an amateur radio antenna exceeding 35 feet in height because the Bloomington city ordinance restricted "structures" heights to 35 feet. Mr. Chapman said that the ordinance, when written, undoubtedly applied tc buildings but was now being applied to antennas in +he absence of a specific ordinance regulating them. There were two options open to him if he wanted to engage in amateur communications. He could request a variance to the ordinance by way of a hearing before the City Council, or he could obtain affidavits from his neighbors swearing that they had no objection to the proposed antenna installation . He got the building permit after obtaining the cooperation of his neighbors. His concern, however, is that he had to get permission from several people before he could effectively engage in radio communications for which he had a valid FCC amateur license. S 3 • 6. in aadlticn t, he'cht restrictions, other limits are enacted by local jurisdictions--anti-climb devices on towers or fences around them; minimum distances from high voltage power lines; minimum distances of towers from property lines; and regulations pertaining to the structural soundness of the antenna insta: latlon. By and large, amateurs do not find tnese safety precautions objectionable. What they do object to are the sometimes prohibitive, non-refundable application filing fees to obtain a permit to erect an antenna installation and those provisions in ordinances which regulate antennas for purely aesthe- ic reasons. The amateurs contend, almost universally, that "beauty is In the eye of the beholder." They assert that an antenna installation is not more aesthetically displeasing than other objects that pec:ie keep on their property, e.g. motor homes, trailers, pick-up trucs, solar collectors and gardening equipment. Restrictive Covenants 7. Amateur operators also oppose restrictions on 'heir amateur operations which are contained in the deeds for their homes or In their apartment leases. Slice these restrictive covenants are contractual agreements between private parties, they are not generally a matter of concern to the Comrission. However, since some amateurs who commented in this proceeding provided us with examples of restrictive covenants, they are Included for information. Mr. Eugene 0. Thomas of Hollister, California Included in his comments an extract of the Declaration of Covenants and Restrictions tor Ridgemark Estates, County of San Benito, State of California. It provides: No antenna for transmission or reception of radio signals shalt be erected outdoors for use by any dwelling unit except upon approval of the Directors. No radio or television signals or any other form of electroragnetic radiation shall be permitted to originate torn any lot which may unreasonably interfere with the reception of television or radio signals upon any other lot. Marshall Wilson, Jr. provided a copy of the restrictive covenant contained in deeds for the Bell Martin Addition #2,. Irving, Texas. It is binding . upon all of the owners or purchasers of the lots in the said addition, his or their heirs, executors, administrators or assigns, it reads: No antenna or tower shall be erected upon any lot for the purboses of radio operations. niiIIam J. Hamilton resides in an apartment building in Gladstone, Missouri . he cites a clause in nis lease brohibitins the erection of an antenna. He 4 states that he has been forced to give up operating amateur radio equipment except a hand-held 2 meter (144-148 MHz) radio transceiver. He maintains that he should not be penalized Just because he lives In an apartment. Other restrictive covenants are less global in scope than those cited above. For example, Robert Webb purchased a home in Houston, Texas. His deed restriction prohibited "transmitting or receiving antennas extending above the roof line." 8. Amateur operators generally oppose restrictive covenants for several reasons. They maintain that such restrictions limit the places that they can reside if they want to pursue their hobby of amateur radio. Some state that they impinge on First Amendment rights of free speech. Others believe that a constitutional right Is being abridged because, in their view, everyone has a right to access the airwaves regardless of where they live. 9. The contrary belief held by housing subdivision communities and condominimum or homeowner's associations is that amateur radio Installations constitute safety hazards, cause interference To other electronic equipment which may be operated in the home (televisions, radio, stereos) or are eyesores that detract from the aesthetic and tasteful appearance of the housing development or apartment complex. To counteract these negative consequences, the subdivisions and associations include in their deeds, leases or by-laws restrictions and limitations on the location and height of antennas or, in some cases, prohibit them altogether. The restrictive covenants are contained in the contractual agreement entered into at the time of the sale or lease of the property. Purchasers or lessees are free to choose whether they wish to reside where such restrictions on amateur antennas are in effect or settle elsewhere. SupoortinS Comments 10. The Department of Defense (DOD) supported the ARRL and emphasized in its comments that continued success of existing national security and emergency preparedness telecommunications plans lnvoiving amateur stations would be severely diminished if state and local ordinances were allowed to prohibit the construction and usage of effective amateur transmission facilities. DOD utilizes volunteers In the Military Affiliate Radio Service (MARS)4, Civil Alr Patrol (CAP) and the Radio Amateur Civil Emergency Service (RACES) . It points out that these volunteer communicators are operating radio equipment insta; led in their homes and that undue restrictions on 4 MARS is solely under the auspices of the military which recruits volunteer amateur °aerators tc render assistance to ;t. The Commission is not involves In the MARS program... a 5 antennas by local authorities adversely affect their efforts. DOD states that the responsiveness of these volunteer systems would be impaired if local ordinances interfere with the effectiveness of these Important national telecommunication resources. DOD favors the Issuance of a ruling that would set limits for local and state regulatory bodies when they are A dealing with amateur stations. 11 . Various chapters of the American Red Cross also came forward to support the ARRL 's request for a preemptive ruling. The Red Cross works closely with amateur radio volunteers. It believes that without amateurs' dedicated support, disaster relief operations would significantly suffer and that its ability to serve disaster victims would be hampered. It feels that antenna height limitations that might be imposed by local bodies will negatively affect the service now rendered by the volunteers. 12. Cities and counties from various parts of the United States filed comments In support of the ARRL's request for a Federal preemption ruling. The comments from the Director of Civil Defense, Port Arthur, Texas are representative; T', Amateur Radio Service plays a vital role with our Civil Defense program here in Port Arthur and the design of these antennas and towers lends greatly to our ability to communicate during times of. disaster. We do not believe there should be any restrictions on the antennas and towers except for reasonable safety precautions. Tropical storms, hurricanes and tornadoes are a way of life here on the Texas Gulf Coast and good communications are absolutely essential when preparing for a hurricane and even more so during recovery operations after the hurricane has past. 13. The Quarter Century Wireless Association took a strong stand In favor of the issuance of a declaratory ruling. it believes that Federal preemption is necessary so that there will be uniformity for all Amateur radio installations on private property throughost the United States. 14. in its comments, the ARRL argued that the Commission has the jurisdiction to preempt certain local land use regulations which frustrate or prohibit amateur radio communications. It said that the appropriate stancart in preemption cases is not the extent of state and local interest in a given regulatoor„ but rather the Impact of that regjlation on Feceral goals. Its position is tnat Federal preemption Is warranted whenever local governmental regulations relate aoversely to the operational aspects of amateur communication. The ARRL maintains that 6 localities routinely empICI a variety of land use devices to preclude the installation of effective amateur antennas, including height restrictions, Conditional use permits, building setbacks and dimensional limitations on antennas. It sees a declaratory ruling of Federal preemption as necessary to cause municipalities tc accommodate amateur operator needs in land use planning efforts. 15. James C. 0' Connell , an attorney who has represented several amateurs before local zoning authorities, said that requiring amateurs to seek variances or special .se approval to erect reasonable antennas unduly restricts the operation of amateur stations. He suggested that the Commission preempt zoning ordinances which impose antenna height limits of less than 65 feet. He salt that this height would represent a reasonable accommodation of the communication needs of most amateurs and the legitim_te concerns of local zoning authorities. Opposing Commentc 16. The City of La ,Mesa, California has a zoning regulation which controls amateur antennas. Its comments reflected an attempt to reach a balanced view. This regulation ras neither the intent, nor tie effect, of precluding or Inhibiting effective and reliable communications. Such antennas may be built as long as their construction does not .unreasonably block views or constitute eyesores. The reasonable assumption is tnat there are a.ways alternatives at a given site for different placement, and/or methods for ae: thettc treatment. Thus, both public objectives of controlling land use for the public health, safety, and convenience, and providing an effective communications network, can be satisfied. A blanket ruling to completely set aside local control , or a ruling which -ecognizes control only for the purpose of safety of antenna construction, would be contrary to ... legitimate local control . 17. Comments from tre County of San Diego state• While we are aware of the benefits provided by amateur operators, we oppose the issuance of a preemption ruling which would elevate 'antenna effectiveness' to a position above all other considerations. We must, however, argue that the 11, local government must have the ability tr :,lace reasonable limitations upon the placement and configuration of amateur radio transmitting and receiving antennas. Such ability is necessary to assure that the local decision-makers have the authority to protect the public health, safety and welfare of all citizens. In conclusion, I would like to emphasize an important difference between your regulatory powers and that of local governments. Your Commission's approval of the preemptive requests would establish a 'national policy' . However, any regulation adopted by a local jurisdiction could be overturned by your Commission or a court if such regulation was determined To be unreasonable. 18. The City of Anderson, Indiana, summarized some of the problems that face local communities: I am sympathetic to the concerns of these antenna owners and I understand that to gain the maximum reception from their devices, optimal location is necessary. However, the preservation of residential zoning districts as ' liveable' neighborhoods Ts jeopardized by placing these antennas in front yarns of homes. Major problems of public safety have been encountered, particularly vision blockage for auto and pedestrian access. In addition, all communities are faced with various building lot sizes. Many building lots are so small that established setbacR requirements ( in order to preserve adequate air and light) are vulnerable to the unregulated placement of thess antennas. . .the exercise of preemptive authority by the FCC In granting this request would not be in the best Interest of the general public. 19. The National Association of Counties (NACO) , the American Planning Association (APA) and the National League of Cities (NLC) all opposed the Issuance of an antenna preemption ruling. NACO emphasized that federal and state power must be viewed in harmony and warns that Federal intrusion into local concerns of health, safety and welfare could weaken the traditional police power exercised by the state and unduly interfere with the legitimate activities of the states. NLC believed that both • • 8 Federal and local Interests can be accommodated without preempting local authority to regulate the Installation of amateur radio antennas. The APA said that the FCC should continue to leave the Issue of regulating amateur antennas with the local government and with the state and Federal courts. p Lscussion 20. When considering preemption, we must begin with two constitutional provisions. The tenth amendment provides that any powers which the constitution either does not delegate to the United States or does not prohibit the states from exercising are reserved to the states. These are the police powers of the states. The Supremacy Clause, however, provides that the constitution and the laws of the United States shall supersede any state law to the contrary. Article ill , Section 2. Given these basic premises, state laws eay be preempted in three ways: First, Congress may expressly preempt the state law. See Jones v. Path Parking C2., 43C U.S. 519, 525 (1977) . Or, Congress may Indicate its intent to completely occupy a given field so that any state law encompassed within that field would implicity be preempted. Such intent to preempt could be found in a conc^essional regulatory scheme that was so pervasive that it would be reasonable to assume That Congress did not intend to permit the states to supplement it. See = ldellty Federal Savings I Loan Assn v. de Ja_Cuest3, 458 U.S. 141 , 153 (1982) . Finally, preemption may be warranted when state law conflicts with federal law. Such conflicts may occur when "compliance with both Federal and state regulations is a physical impossibility," Florida Lime L Avocado Growers. Inc. v. Paul , 373 U.S. 132, 142, 143 (1963) , or when state law "stands as an obstacle to the accomplishment, and execution of the full purposes and objectives of Congress," Hlne4 v. ;zavldcwit 312 U.S. 52, 67 (1941 ) . Furthermore, federal regulations have the same preemptive effect as federal statutes. Fieelit. n Acax lztion v_ de la Cuesta, c;mra. 21 . The situation before us requires us to determine the extent to which state and local zoning regulations may confl 'ct with federal policies concerning amateur radio operators. 22. Few matters coming before us present such a clear dichotomy of viewyoint as does the instant issue. The cities, counties, local communities and :lousing associations see an obligation to all of their ci izens and Try to actress their concerns. This is accomplished through regulations, ordinances or covenants oriented toward the health, safety and Genera ! welfare cf tnose they regulate. Ae the opposite ,role are the ;rtIvidua: ar.ateur operators and their sep port groups who are troubled by local regulations wnich may Inhibit the use of amateur seations or, in sone instances, to-ally preclude amateur co:munications. Aligned wit" the ceeraeors e-e such entitles as the Department of Defense, theyer.eriean ?ed Cress and local civil defense and emergency organizations wno nave taunt in Ac=Teur Ratio a coot cf skilled rat o operators and a s 9 readily available backup network. In this situation, we believe it Is appropriate to stike a balance between tt.e federal Interest in promoting amateur operations and the legitimate interests of local governments in regulating local zoning matters. The cornerstone on which we will predicate our decision is that a reasonable accommodation may be mace tatween the two sides. 23. Preemption is primarily a function of the extent of the conflict between federal and state and local regulation. Thus, in considering whether our regulation! or policies can tolerate a state regulation, we may consider such factc-s as the severity of the conflict and the reasons underlying the state's regulations. In this regard, we have previously recognized the legitimate and important state interests reflected in local zoning regulations. For example, in Earth Satellite Communications, Inc., 95 FCC 2d 1223 (1983), we recognized that . countervailing state interests inhere in the present situation . . For example, we do not wish to preclude a state or locality from exercising jurisdiction over certain elements of an SMATV operation that properly may fall within Its authority, such as zoning or public safety and health, provided the regulation In question is not undertaken as a pretext for the actual purpose of frustrating achievement of the preeminent federal objective and so long as the non-federal regulation is applied in a nondiscriminatory manner. 24. Similarly, we recognize here that there are certain general state and local interests which may, in their even—handed application, legitimately affect amateur radio facilities. Nonetheless, there Is also a strong federal interest in promoting amateur communications. Evidence of this interest may be found in the comprehensive set of rules that the Commission has adopted to regulate the amateur service.5 Than rules set forth procedures for the licensing of stations and operators, frequency allocations, technical standards which amateur radio equipmer.-'- - must meet and operating practices which amateur operators must follow. We recognize the Amateur radio service as a voluntary, noncommercial communication service, particularly wl•th respect to providing emergency communications. Moreover, the amateur radio service provides a reservoir of trained operators, technicians and electronic experts who can be called on in times of national or local emergencies. By its nature, the Amateur Radio Service also provides the opportunity for Individual operators to further international goodwill . Upon weighing these interests, we 5 47 CFR Part 97. • 10 believe c limited preemption policy Is warranted. State and local regulations that operate to preclude amateur communications in their communities are In direct conflict with federal objectives and must be preempted. • 25. Because amateur station c mimunlcations are only as effective as the antennas employed, antenna height restrictions directly affect the effectiveness of amateur communications. Some amateur antenna configurations require more substantial installations than others if they are to provide the amateur operator with the communications that he/she desires to engage in. For example, an antenna array for international amateur communications will differ from an antenna used to contact other amateur operators at shorter distances. We will not,' however, specify any particular height limitation below which a local government may not regulate, nor will we suggest the precise language that must be contained in local ordinances, such as mechanisms for special exceptions, variances, or conditional use permits. Nevertheless, local regulations which involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to accommodate reasonably amateur communications, and to represent the minimum practicable regulation to accomplish tha local authority's legitimate purpose. 6 26. Obviously, we do not have the staff or financial resources to review all state and local laws t`tt affect amateur operations. We are confident, howeve-, that state and local governments will endeavor to iegisi..te in a marner that affords appropriate recognition to the important federal interest at stake here and thereby avoid unnecessary conflicts with federal policy, as cell as time-consuming and expensive litigation In this area. Amateur operators wno believe that local or state governments have been overreaching e , t`erebv have Precluded accomplishment of their legitimate communications goals, may, In addition, use this document to bring our policies to the attention of local tribunals and forums. 6 we reiterate that our ruling herein does not reach restrictive covenerrr s in private contractual agreements. Such agreements are voicntariiy entered rto by the buyer or tenant when the agreement is exe_uted and do not . suaily concern this Commission, • • 11 27 . Accordingly, the Request for Declaratory Ruling filed July 16, 1984, by the Amer lean Radio Relay League, Inc. , IS GRANTED to the extent Indicated herein and, In all other respects, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION William J. 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C' `IP iAµw e TJry , v 1.' ,Mj fp pp aOt `C a' N r" {f m) a 11' y3. �. a i. _ p rf Pi fD �:.'. rT4 'St t�r'y, v1ll _ �ttr• �_ r 1 A tlt)4q 71 `/ ' ,� y '� 2 3 R rc n �qCj) t�-]EJb�}r,�. , �v v�tS• r1 ' 11 I. /� `�O .f` rr O rr O 0 P }s't ,Y' YYV ea, t r r _ - ell n a x a m r+• fr- �c,' ,.". �, nt .j r� r�. 1 4,1 R1 • SO 'd t W. 1. taJ�Y�}r 3 �.L j. • . a� a m n • a ' ee1 i (��i ay' o a H •or z 1'4' `t • )y, : - 1 (� ��pp N n- y,•' ,�Try�'v )q o, L 1 itI a rpt w m O ��'� S'�" ,cr'r^I:. k * j •C 1 µ.`lX.f '. a O r, O t i fir" A S• w w •'pt, n�s w .1 a CD m n ti i y CCI Cof w n rt ' qtr. o o t ('l' 1 w- N ' �1� 2 y teX tr% rt N t t tx rt 00 a I rr •f,,- ; ,.try . gg 1 a. W 0 ci) tit HI CD " rt X21 00 1/44 o a 6 1 O rt F" R f^� \ _lam+-��.-+1--,. .-- --•4 ` �� n- - r. :'.cq - ,• ,s , memonnum Gene R. Brantner, Chairman 1111kTo Board of County Commissioners Date May 25, 1988 COLORADO From_ Walter J. Speckman, Executive Director, Human Resources eW Expenditure Authorization Modification Request subject: Statewide JTPA Modification Request Enclosed for Board approval are five (5) Expenditure Authorization Modification Requests for PY '87 and PY '88 Statewide Job Training Partnership Act (JTPA) Marketing. The reason for the modifications is to adjust line items on each budget. The costs associated with the contract awarded to the vendor is for a statewide JTPA marketing effort. These costs are considered employment generating activities and must be charged to participant support, not training. • v I M p V yypp'••11aaf � 'I �i�. �t I 8 - r5, Y k^ 880408 A, EXPENDITURE AUTHORIZATION MODIFICATION REQUEST DATE: 0c/l0/£ut HOD #: goi . I. SERVICE DELIVERY AREA INFORMATION Name: Wpld rpunry - Address: _p_0_ Box 1805 City/State/Zip: Greeley, Colorado 80632 Telephone: (303) 353-0540 • II. PROGRAM/PROJECT INFORMATION MIS Code/Field: Name: _ctatpwidp .ITPA Markptiny Current VAX#:. Title, Year, and Amount of Funds: py '87. Title III (EGA) $50,000 Period of PY '83 Title III (EGA) 880,000 Performance: From 05/10/88 To 06/30/89 III. MODIFICATION(S) REQUESTED (Narrative): III. REVISED GOALS AND OBJECTIVES, OUTCOMES} ETC. Y. RATIONALE FOR MODIFICATION(S) VI. BUDGET INFORMATION SUMMARY MODIFICATION As applicable. - VII. MATCH BUDGET SUMMARY MODIFICATION As applicable. `VIII. SPECIAL PROVISIONS SDA APP OVAL: B : �f �t Walter J. Speckman , Title: Fxprutive Director Date: 05/19/88 PIC APPROVAL: // By: LL/ Kenneth V. Nickerson Title: PIC Chairperson Date: 05/19/88 GJTO APPROVAL: By: . Title:(, �nSJ Date: ...x5hvg..' � Date: 5/25/88 -- Chairman, Boar o ounty Commissioners 880408 • • BUDGET INFORMATION SUMMARY (BIS) MODIFICATION . FOR TITLE II-A (78%), TITLE II-B, AND DISCRETIONARY FUNDS SDA/Contractor: Weld County Title of Funds: III (EGA) Program/Project: Statewide JTPA Marketing _ Year of Funds: py 'R7 Original Period of Performance: From 05/10/88 To 06/30/89 VAX #: Revised Period of Performance: From N/A To MIS Code/Field: Date Processed: * MOD # 001 CHANGE in Number of Persons to be Served C+ - LINE ITEM CODE LINE ITEM CURRENT CHANGE TOTAL DESCRIPTION BUDGET +/ (-) . Admin Person 1,750 0 1,750 Trng Oper. 47,500 (47,500) -0- Part. Support Opet -0- , 47,500 47,500 • Admin Oper 750 0 750 • • - - --------- .a TOTAL ///////////////// cn.pnn 0 5Q,000 • NOTES: BIS Modifications must reflect all line items of prior approved BIS or Modified BIS. See attached Instructions for completion of this form. * The Date Processed line will be completed by the Governor's Job Training Office's Financial Management Unit. • 880409 BUDGET INFORMATION SUMMARY (BIS) MODIFICATION FOR TITLE II-A (78%), TITLE II-8, AND DISCRETIONARY FUNDS SDA/Contractor: Wald County Title of Funds: III (EGA) Program/Project: Statewide JTPA Marketing Year of Funds: Py '88 Original Period • of Performance: From Q7/01/88 To 06/30/89 VAX I: Revised Period of Performance: From N/A To MIS Code/Field: Date Processed: * MOD # 001 CHANGE in Number of Persons to be Served (+ - (-)] NiA LINE ITEM CODE LINE ITEM CURRENT CHANGE TOTAL DESCRIPTION BUDGET +/ (—) Admin Pers. . 3,250 0 3,250 Admin Oper 750 0 750 • • Trnq Oper 76,000 .(76,000) 0 Part Support Oper 0 76,000 76,000 TOTAL ///////////////// 80,000 NOTES: BIS Modifications must reflect all line items of prior approved 8IS or Modified BIS. See attached Instructions for completion of this form. * The Date Processed line will be completed by the Governor' s Job Training Office's Financial Management Unit. 880408 Statewide JTPA Marketing Modification #001 Justification The Weld County Service Delivery Area (SDA) is requesting approval of a budget modification for the PY '87 and PY '88 Title III (EGA) Statewide JTPA Marketing Expenditure Authorization. The reason for the modification is to adjust line items on each budget. The costs associated with the contract awarded to the vendor is for a statewide JTPA marketing effort. These costs are considered employment generating activities and must be charged to participant support not training. 880408 e\fr MEMORAADUM 41., Gene R. Brantner, Chairman WilkTo Board of County Commissioners Date May 25, 1988 Walter J. Speckman, Executive Director, Human Resources COLORADO From Walter Expentiture Authorization Modification Request, VAX Conversion Subject Enclosed are five (5) Expenditure Authorization Modification Requests for JTPA 6% Technical Assistance/VAX Conversion. We are requesting an extension of the $7,306 PY`87 funds to December 31, 1988. These funds will be used to purchase the remaining equipment needed to complete the conversion to the VAX computer system. yin •, .t a 44„ra=' - I i j )• 41 _ �IA.T A ,14'14-r I# 15/ Ige ' $�' tUJ 1 i1 J+w ? 5 880407 Y • EXPENDITURE AUTHORIZATION MODIFICATION REQUEST DATE: (aLlo./88 MOD #: 001 • I. SERVICE DELIVERY AREA INFORMATION Name: Weld .ounty, Address: L.Q_ Rcx l$3 City/State/Zip: Greeleyt Colorado 80632 Telephone: (343) 353-0540 II. PROGRAM/PROJECT INFORMATION MIS Code/Field: Name: VAX Conversion Current VAX#:. Title, Year, and Amount cf Funds: py '87 6% ISTAR Period of Performance: From 12/01/87 Tc 06/30/88 III. MODIFICATION(S) REQUESTED (Narrative): IY. REVISED GOALS AND OBJECTIVES, OUTCOMES1, ETC. Y. RATIONALE FOR MODIFICATION(S) VI, BUDGET INFORMATION SUMMARY MODIFICATION As applicable. VII. MATCH BUDGET SUMMARY MODIFICATION As applicable. ' YIII. SPECIAL PROVISIONS SDA APP VAL: B : Title: Expcutiye Director Date: 05/19/88 PIC APPROVAL: By: �! S_ Title: PIC Chairperson Date: 05/19/88 GJTO APPROVAL: By: • Ti tle: ,*s�� Date: 8y: �10/f. / 7 f .4 E Date: 5/25/88 Gene R. Brantner, Chairman, Board of County Commissioners 88040?' r9 a • BUDGET INFORMATION SUMMARY (BIS) MODIFICATION FOR TITLE II-A (78%), TITLE II-B, AND DISCRETIONARY FUNDS SDA/Contractor: Weld County Title of Funds: 6°' TSTAR Program/Project: VAX Conversion Year of Funds: PY '87 Original Period of Performance: From 12/01/87 To 06/30/88 VAX #: Revised Period of Performance: From 12/01/87 To 12/31/88 MIS Code/Field: Date. Processed: 05/19/88 k MOD # 001 CHANGE in Number of Persons to be Served [+ LINE ITEM CODE LINE ITEM CURRENT CHANGE TOTAL DESCRIPTION BUDGET +/ (—) . Equipment 7,306 -0- 7,306 • • TOTAL ///////////////// 7,306 -0- -J 7,306 NOTES: BIS Modifications must reflect all line items of prior approved BIS or Modified BIS. See attached Instructions for completion of this form. * The Date Processed line will be completed by the Governor' s Job Training Office's Financial Management Unit. 880407 . 6% Technical Assistance (ISTAR) VAX Conversion Modification # 001 Justification The Weld County Service Delivery Area (SDA) is requesting a modification to the 6% Technical Assistance/VAX Conversion Expenditure Authorization. We are requesting an extension of the $7,306 PY '87 funds to December 31, 1988. These funds will be used to purchase the remaining equipment needed to complete the conversion to the VAX computer system. St304Q7 STATE OF COLORADO ) C daga ) SS Correction from board meeting 05-18-88 COUNTY OF WELD ) SOCIAL SERVICES CLAIMS THIS IS TO CERTIFY THAT ALL ACCOUNTING AND BUDGETING PROCEDURES HAVE BEEN COMPLETED ON THE FOLLOWING LISTED CLAIMS AND THAT PAYMENTS SHOULD BE MADE TO THE RESPECTIVE PAYEES IN THE AMOUNTS SET OPPOSITE THEIR NAMES AS CERTIFIED BY THE DIRECTOR OF THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES. THE AMOUNTS BY CATEGORY ARE AS FOLLOWS: TOTAL WARRANTS CLAIMS AMOUNT ADC ADC-U IV-D OAP AND IRA AB CA MED. TRANS. .T9 WO ADM SERVICES CHILD WELFARE PAC DC LEAP OAP SUBTOTAL OAP SS _ SUBTOTAL SS ,:5-9a7o GRAND TOTAL S9 e° 25th May DATED THIS DAY OF , 19RR 1 DIRE T R VE I CE AN ADMINISTRATION SUBSCRIBED AND SWORN TO BEFORE ME THIS AY NOTARY PUBL3:C �� MY COMMISSION EXPIRES: My f e,niision Expires June 8. 1990 STATE OF COLORADO - ) - ) SS. COUNTY OF WELD ) WE, THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, HEREBY APPROVE THE CLAIMS AS SET FORTH ABOVE AND WARRANTS IN PAYMENT. THEREFORE ARE HEREBY DRAWN UPON THE SOCIAL SERVICES FUNDS /AND CHARGEABLE AS STATED: ATTEST: C $c4t/1d yr WELD COUNTY C ERK AND RECORDER AND - CLERK TO THE BOARD BY: u�� P TY COUNTY CLTiR DATE PRESENTED: May 25, 1988 w - Data can . . . . c • • • • • • • -••••7•• • • • • • S • . • 0 •'r ♦a,o o a'i2 to 0: as tC.bo to to as 0 alto D D'A AIAA Ails, 2. 74,,t, 2* 2.4',A, DD;D A AEA A:A?D ADD DA;D D 't fit ,22 70S mmDA!,DDDADDADDADD;DIccfZS'ox'aos polar pXlzartaazz4- r;rrr!wwnoon'nRt $ z tor. D D X c'-4 -4 r AZ Zr re- M m es Ito 7I -4,c 70 Seam m n .s M to CiC b tut, c r;r r C2 z tr A A C•m c t ''G -2 2 < m c co II 2 :a r n -4 zax r N. san OD N+'. :M R. rIZ = crnor'F f'4m m mlm a .4 Fw 4717S.H> () z 222.N 0 ' i r w ; • A m Z• 2 Z D r m'm •• w r. 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I IN t � C -i T 1 C It m Z m tt tcH D n n 1 0 El _ c Or �� IN r+ z O t z ^t� i� m cc� c a a A a 1 I G 2 a7 't o I p O I r m T p D I -z+ z 1 tor 0 2 mm n 0 Iii A l a •• 2 m I►,•,., II- m 3 ►D. z m k r z - m 2 3 z K m m I 3 I� I 4 z tt As tI z z 1 z 1 1 I z a a t 1 . • m r+. m_,. 1 1/2 ;ra i • • • • • 0 • • • • • • • • • • • • • W Re nor ,,s AND C ommunic,u tro fl5 SUMMARY OF TEE WELD COUNTY PLANNING COMMISSION MEETING May 17, 1988 A regular meeting of the Weld County Planning Commission was held on May 17, 1988, in the County Commissioners' Hearing Room, First Floor (#101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Ann Garrison, at 1:30 p.m. Tape 319 Side 1 - ROLL CALL Ernie Ross Present Bud Halldorson Present Louis Rademacher Present Jerry Burnett Absent - Called in Paulette Weaver Present LeAnn Reid Present Ivan Gosnell Present Lynn Brown Present Ann Garrison Present Also present: Keith Schuett, Current Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary. A quorum was present. The summary of the last regular meeting of the Planning Commission held on May 3, 1988, was approved as distributed. The Chairman announced that since the applicant has asked for a continuance and the staff is also recommending the fourth case on the agenda be continued this request will be moved to the first item on the agenda. CASE NUMBER: S-293 APPLICANT: John Kemp REQUEST: Minor Subdivision Final Flat and a Site Specific Development Plan LEGAL DESCRIPTION: Part of the NE} of Section 1, T2N, R63W of the 6th P.M. , Weld County, Colorado LOCATION: Adjacent to the Unincorporated Town of Roggen, north of I-76 and west of Weld County Road 73. Keith Schuett read the request for continuance into the record. The Chairman called for discussion from the audience. There was none. 58 fro-, Summary of the Weld County Planning Commission Meeting May 17, 1988 Page 2 MOTION: Louis Rademacher moved Case Number S-293 for John Kemp for a minor subdivision final plat and a site specific development plan be continued until the regularly scheduled meeting of the Planning Commission on June 21, 1988, to allow the applicant time to obtain the required reclassification of the domestic well serving the 1-76 Motel and Cafe business. Motion seconded by Ernie Ross. The Chairman called for discussion from the members of the Planning Commission. No further discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Paulette Weaver - yes; Louis Rademacher - yes; LeAnn Reid - yes; Ivan Gosnell -- yes; Bud Halldorson - yes; Ernie Ross - yes; Lynn Brown - yes; Ann Garrison -- yes. Motion carried unanimously. CASE NUMBER: USA-830 APPLICANT: Sarah Ann Smith REQUEST: A Site Specific Development Plan and a Special Review Permit for a home business (cultured marble business) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW} of Section 27, T1N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.5 miles east of the Town of Erie; on the east side of Weld County Road 7, approximately .25 miles north of Weld County Road 4. APPEARANCE: Terry Barnhardt, Planning Consultant, represented the applicant. The Smiths' have operated this facility for the last four or five years. This business will have a low impact on the surrounding property owners because the operation is done inside and there is only one outside employee. They will comply with the recommendation of the Longmont Fire Protection District. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked if the applicant had reviewed the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff. Mr. Barnhardt stated they have no objections to these items. Summary of the Weld County Planning Commission Meeting May 17, 1988 Page 3 The Chairman asked that the recommendation, conditions, and Development Standards be filled with the summary as a permanent record of these proceedings. AMENDMENT: Paulette Weaver moved Development Standard #3 be amended to read as follows: No outside storage of materials associated with the use by special review shall be allowed. And that the remaining Development Standards be renumbered consecutively. Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Paulette Weaver - yes; Louis Rademacher - yes; LeAnn Reid - yes; Ivan Gosnell - yes; Bud Halldorson - yes; Ernie Ross - no; Lynn Brown - yes; Ann Garrison - yes. Motion carried with seven voting for the motion and one voting against the motion. - MOTION: Paulette Weaver moved Case Number USR-830 for Sarah Ann Smith for a Site Specific Development Plan and a Special Review permit for a home business for a cultured marble business in the Agricultural zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation and conditions as presented by the Department of Planning Services' staff, the Development Standards as presented by the staff and amended by the Planning Commission, and the testimony heard by the members of the Planning Commission. Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Paulette Weaver yes; _ Louis Rademacher - yes; LeAnn Reid - yes; Ivan Gosnell - yes; Bud Halldorson - yes; Ernie Ross - yes; Lynn Brown - yes; Ann Garrison - yes. Motion carried unanimously. Summary of the Weld County Planning Commission Meeting May 17, 1988 Page 4 CASE NUMBER: Amended USR-589 APPLICANT: Vessels Oil and Gas Company REQUEST: A Site Specific Development Plan and an Amended Special Review Permit to expand an existing gas processing facility. LEGAL DESCRIPTION: Part of the SE} of Section 28, TIN, R67W of the 6th P.M., Weld County, Colorado LOCATION: Approximately I mile south of Weld County Road 6, one mile north of Weld County Road 2, and west of Weld County Road 19. APPEARANCE: Mike Boland, Manager, Gas Operations and Engineering, Vessels Oil and Gas Company, represented the applicant. This request is for expansion of an existing facility. There should not be any increase in traffic. There will be an increase in noise and they have already done studies to get these within the state recommended noise levels. Air contaminants will increase and they are not having any problem getting these within recommended levels. The Chairman called for discussion from the members of the audience. Dave Brunz, Brighton Fire Protection District reported they do not object to this request. The Chairman asked Mr. Boland if he had reviewed the recommendations, conditions, and Development Standards set forth by the Department of Planning Services? Re stated they have a problem with Conditions 3, 4, and 5. They have hired an independent fire safety expert to assess this plant. The Brighton Fire Protection District also would like them to have an outside study done. Tape 321 - Side 1 AMENDMENT: - - Paulette Weaver moved Condition #4 be amended to read as follows: The applicant shall install a water supply system for fire protection approved by the independent fire safety expert and the Brighton Fire Protection District within one year of approval by the Board of County Commissioners. Motion seconded by Ernie Ross. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. - Summary of the Weld County Planning Commission Meeting May 17, 1988 Page 5 The Chairman asked the secretary to poil the members of the Planning Commission for their decision. Paulette Weaver - yes; Louis Rademacher - yes; LeAnn Reid - yes; Ivan Gosnell - yes; Bud Halldorson - yes; Ernie Ross - yes; Lynn Brown - yes; Ann Garrison - yes. Motion carried unanimously. MOTION: Ernie Ross moved Case Number Amended USR-589 for Vessels Oil and Gas Company for a Site Specific Development Plan and an Amended Special Review permit to expand an existing gas processing facility be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation and Development Standards as presented by the staff, the conditions as presented by the staff and amended by the Planning Commission, and the testimony heard by the members of the Planning Commission. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Paulette Weaver - yes; Louis Rademacher - yes; LeAnn Reid - yes; Ivan Gosnell - yes; Bud Halldorson - yes; Ernie Ross - yes; Lynn Brown - yes; Ann Garrison - yes. Motion carried unanimously. CASE NUMBER: None APPLICANT: ARA Dev Con, Incorporated, County View Care Center REQUEST: Approval of a revision to an approved site application. LEGAL DESCRIPTION: Part of the SWI of Section 13, T3N, R68W of the 6th P.M., Weld County, Colorado LOCATION: North of Weld County Road 32 and west of Weld County Road 13. APPEARANCE: Jeff LeDoux, P.E., Nelson Engineers, represented the applicant. About a year ago, the original requests' were reviewed and approved. Since that time, the surrounding property owners filed a legal action to stop the use of the evaporative ponds. This request is to amend the approved plan, to abandon the three evaporative ponds, and to release the treated effluent directly into Thomas Lake. The Chairman called for discussion from the members of the audience. Summary of the Weld County Planning Commission Meeting May 17, 1988 Page 6 Ken Lind, Attorney, represented adjacent residents to this site. His clients, whose properties look down on the ponds, do not appreciate this view. He distributed three pictures. These were retained for the file. He recommended a six foot wooden fence be place on the south and west boundaries of the areation lagoon. He also recommended the three evaporative ponds that are to be abandoned be filled to grade and restored with native grasses. NOTICE: 2:40 p.m. LeAnn Reid is excused from the remainer of the meeting. Tape 321 - Side 2 Lee Morrison explained that this is not a County permit. It is just a recommendation to the State on a site application and the County would not be involved in the actual granting of a site plan. The Planning Commission can, however, recommend conditions to bring the application into conformance with our land-use policies which the state may consider when granting the permit. AMENDMENT: Lynn Brown moved that two Conditions of approval be added. These conditions should read as follows: 1. A 6 foot tall solid wood fence shall be constructed and maintained on the south and west boundary of the aeration lagoon. The fence shall be constructed immediately adjacent to the pond berm. 2. The three existing evaporation ponds shall be reclaimed to a natural state with existing soil and the area planted with a native vegetation of grass approved by the Longmont Soil Conservation District. Motion seconded by Ernie Ross. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Paulette Weaver - yes; Louis Rademacher - yes; Ivan Gosnell - yes; Bud Hailderson - yes; Ernie R088 - yes; Lynn Brown — yes; Ann Garrison — yes. Motion carried unanimously. MOTION: Paulette Weaver moved the request of ARA Dev Con, Incorporated, County View Care Center for approval of a revision to an approved site application be Summary of the Weld County Planning Commission Meeting May 17, 1988 Page 7 forwarded to the State Board of Health with the Planning Commission's conditional approval based upon the application materials presented by the applicant, the recommendation of the Department of Planning Services' staff, the conditions recommended by the Planning Commission, and other relevant testimony heard by the members of the Planning Commission. Motion seconded by Ernie Ross. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Paulette Weaver - yes; Louis Rademacher - yes; Ivan Gosnell - yes; Bud Halldorson - yes; Ernie Ross -- yes; Lynn Brown - yes; Ann Garrison - yes. Motion carried unanimously. The meeting was adjourned at 3:08 p.m. Respectfully submitted, Ro Bobbie Good Secretary • SHELTON, KINKADE & LAMBDEN, P.C. ATTORNEYS AT LAW GRANT A. PORTER UNION COLONY BANK BUILDING • 1701 TWENTY-THIRD AVENUE•SUITE A•GREELEY,COLORADO 80631 •/303)352-8673 May 19, 1988 VIA REGISTERED MAIL it MAY2 Q19•• � Weld County Commissioners 915 - 10th Street P. 0. Box 758 owzv. Greeley, Colorado 80632 RE: ELDON LEE FOSTER Dear Weld County Commissioners: This office represents Mr. Eldon Lee Foster of Nunn, Colorado. Mr. Foster was hospitalized at North Colorado Medical Center on or about October 17, 1987. Shortly after his admission on or about October 17 , 1987 , at or about 7 :00 p. m. , Mr . Foster received an intra-muscular injection to the left hip of Demerol and an intra-muscular injection to the left htp of Phenergan from an employee of North Colorado Medical Center, Inc. , whose name he is unaware of at this time. As a direct and proximate result of said injections , Mr. Foster has sustained severe injury to certain muscles and nerves in his left hip of which Mr. Richard H. Stenner, Administrator of North Colorado Medical Center , Inc . , was notified by Mr . Foster ' s physician , Dr . Brett Hunter, in his letter to Dr. John Watt dated November 23, 1987 (copy enclosed). Mr. Foster 's claim is based upon the negligent care and treatment provided to Mr. Foster, including but not limited to the administration of injections by an employee of North Colorado Medical Center, Inc. on or about October 17, 1987 which resulted in (i) significant weakness of the abductors of his left hip (mainly the gluteus medius and minimus muscles), (ii) neuripraxia of the superior gluteal nerve (a partial injury to the nerve), (iii) injury to the upper and anterior aspect of the left hip in the muscles near the pelvis, (iv) moderate weakness about the left hip, (v) a trendelenburg gait pattern, (vi) visible and palpable atrophy superior to the greater trochanter in the vicinity of the gluteus minimus and medius, (vii) severe pain and (viii) emotional distress. ASSOCIATED WITH KRIPK£.EPSTEIN&LAWRENCE.PROFESSIONAL CORPORATION 4100 EAST MISSISSIPPI AVENUE.SUITE 710.DENVER.COLORADO S0222(303)757-7700 Cf 4 Bdin ) e� 5/a5128 Weld County Commissioners May 19, 1988 Page -2- Mr. Foster has sustained damages of $1,000,000.00 as a direct and proximate result of said actions of said employee of North Colorado Medical Center, Inc. as set forth above and in Dr. Hunter 's letter. Mr. Foster intends to institute an action to recover said damages. Sincerely, SHELTON, KINKADE AND LAMBDEN, P.C. Grant A. Porter GAP:skr Enclosure Copy to: Mr. Eldon Lee Foster gap8 SMEMMOMMMaNMMIIMI GREELEY ORTHOPEDIC ASSOCIATES A PROFESSIONAL CORPORAYroN # Jti` 2420 16TH STREET - °t'•:.N; COTTONWOOD SQUARE ,� " RANDY M. SUSS CY.M.D. ORCELEY.COLORADO 6003t OH ARLES T.JOSS.aD eRLTT P. HUNTER,M.O. (303) 352-9004 AARON C.►ARKHURST. s-A November 23, 1987. John Watt, M. D. .e 3400 16th St: Greeley, CO 80631 • • RE: Eldon L. Poster DOB: 2-22-24 Dear John: Thanks for sending Eldon Foster over to have. his left hip examined. As you know on his most recent hospital admission of October 17th he received an intramuscular injection to the left hip for pain on the day of admission. At the time the patient stated that the nursing staff administered two separate injections to the left hip and I think this was a combination of Demerol and Phenergan. Evidently they were administered in two separate injection. The second one the patient stated was exquisitely painful and later the same evening when he was to stand on the scales to be weighed he noted rather marked weakness and instability about the left hip and thigh. In fact repeatedly his left lower extremity tended to give way beneath him. Since that time he has had significant discomfort and weakness about the left hip. I have been • asked to evaluate him from an orthopedic standpoint. Historically he feels that his hip is a little stronger now than a month ago and he has been attending Out Patient physical therapy to work on strengthening the hip abductors on the left. On physical examination Eldon has a mild Trendelenberg gait as evidence of derangement of the left hip joint. On - attempts at active abduction cf the left hip when in the right side -lying position he can just barely abduct the hip against gravity. He cannot hold it against gravity with resistance. There is visible and palpable atrophy superior to the greater trochanter in the vicinity of the gluteus minimus and medius . There is an area some two inches superior and anterior to the greater trochanter which is moderately tender on palpation. The area does not appear swollen or inflammed. On muscle testing there is normal muscle bulk and strength of both gluteus maximus muscles, both quadriceps, both the anterior and posterior compartments of each leg. Deep tendon reflexes at the knees and ankles are normal. Passive range of motion of the right hip is normal and nonpainful. On passive internal rotation of the : ' . Y.- -ll John Watt, M. D. Tc RE: Eldon Foster Page Two November 23, 1987 P left hip there is tenderness again at the area superior to the greater trochanter. In my assessment Mr. Foster has significant weakness of the • abductors of the left hip, mainly the gluteus medius and minimus muscles. Historically this seems directly related to the intra- muscular injection he received on October 17th. Currently he has grade I weakness on a scale of 1-5. In all likelihood this represents a neuripraxia of the superior gluteal nerve which means a partial injury to the nerve. In view of the fact that his muscles are firing despite the fact that they are weak and the fact that he has improved over the last four to six weeks , I believe that he will steadily regain strength of his left hip abductors. What remains unanswered is whether or not he will be left with any permanent significant amount of muscle weakness and pain about the left hip. I will plan to evaluate him periodically over the next nine months and see whether or not he makes adequate improvement. There is little else that can be done at this point other than to wait and watch and to continue the physical therapy he is undergoing to improve his muscle strength. I think it is very likely th`t in six to nine months his exam will return to normal. Sincerely, o.. ;- 3rett Hunter, M. D. --4c'--,,. - cc: Mr. Foster Mr. Stenner, NCMC - • • STATE OF COLORADO BOARD OF LAND COMMISSIONERS Department of Natural Resources 620 Centennial Building 1313 Sherman SL,Denver,Colorado 80203 � .CO�Op (303) 866-3454l 1 r ,g Mk _ ....�..rn fell .? an s 476 a. Date May 19, 1988 t, JtrMAY231988dI commissfonen ROWENA ROGERS JOY C CARPEUTER JOHN S.WILKE5 III TO: ALL SURFACE OWNERS AND LESSEES OF STATE LANDS IN THE FOLLOWING: SECTIONS TOWNSHIPS RANGES COUNTIES 16 10N 62W weld 14 10N 63W Weld Geophysical Service, Inc. has been granted permission to conduct exploration on certain State lands in the above Townships, some of which you have under lease, or the surface of which you own. Geophysical Service, Inc. is bonded with this Board and will be represented by Arnold Martin. They will be responsible for any damage or loss to your crops and personal property caused by their activity. Lessees are not entitled to any settlement for damage which may be inflicted on the land itself, because it is owned by the State, and there shall be no payments for nuisance because the minerals lessee has his lease rights and this permit to do what is necessary to develop his leased minerals. Our Appraiser will determine the amount of damage, if any, after the work is completed. Should any problems arise, please contact this office. Your cooperation will be appreciated. Thank you. Sincerely, ,�/� _,4-cc% are249 Ju , L. R. Ladwig Minerals Director LRL/j c 8MOWE Lffi$ffi WITFM0 - James M Konig CC: State Field Appraiser, Bud Clemons County Commissioners, Weld County e// Permittee, Geophysical Service, Inc. ANTHONY SABATINI LR. LAMA/LC RUTH J. KARY Administrator Minerals Director Deputy Register i7 d m 5/?3f e • • i, t - �} •7 iof n mnY2 31g ij BEFORE THE PUBLIC UTILITIES COMMI' t• yr OF THE STATE OF COLORADO * * * IN THE MATTER OF THE APPLICATION OF ) NOTICE OF APPLICATION FILED THE BOARD OF COUNTY COMMISSIONERS OF) WELD, STATE OF COLORADO, FOR THE ) APPLICATION NO. 38935 AUTHORITY TO INSTALL SIGNALS AT THE ) CROSSING OF THE UNION PACIFIC ) RAILROAD LINE ID NO. 804-375 K AT ) WELD COUNTY ROAD 16 IN WELD COUNTY. ) TO THE PARTIES IN THIS MATTER AND ALL INTERESTED PERSONS, FIRMS OR CORPORATIONS: You are notified that this application has been filed with the Colorado Public Utilities Commission, and any person desiring to intervene in or participate as a party in this proceeding shall file his petition for leave to intervene, or under the Commission's Rules of Practice and Procedure, file other appropriate pleadings to become a party, within 30 days after the date of this notice. If no pleadings to become a party to this application are filed in the time statid, it will be treated as waiver of opposition and participation, and this application may be considered and decided by the Commission without formal oral hearing. The Applicant shall certify, in writing, to the Commission Secretary, within 30 days after the notice period expires (if interventions or petitions to intervene have been filed) thaf it desires either to proceel to hearing or to withdraw its application. The applicant shall file with the certification a Tist containing the name, address, and title of each of its then known witnesses, which may be supplemented any time up to 30 days before the hearing, but with no more than twice the number of witnesses-originally filed. The applicant shall also file a list of exhibits and two copies of each of its exhibits. Copies of the foregoing documents shall be served upon all parties to the proceeding. Each intervenor shall file with the Commission at least 20 days before the first day of the hearing a list containing the name, address, and title of each of its witnesses, with two copies of each of its exhibits, and shall serve copies on all parties. No witness shall be permitted to testify, nor shall any document be received in evidence, except in rebuttal , unless filed and served as provided in this notice. astrcr5 izslgs The Commission, if a party does not meet these requirements, may dismiss the application or intervention upon motion filed by any other party, unless good cause is shown. No motion for continuance shall be granted if filed within 20 days before the first day of the hearing, except for good cause shown. The Commission Secretary shall consider hearing dates and places within 15 days after the Applicant's certification has been received, and each party shall notify the Secretary within that time of the number of days the party expects the hearing to take, the location where the party desires the hearing to be held, and existing commitments during the -following 180-day period which will prevent the party from appearing. If any party fails to so notify the Secretary of the Commission the party wil be deemed to have consented to the hearing date and-location determined by the Secretary. Parties will be notified by the Commission of the hearing date, time and location. Applicants must appear at the hearing, if one is set, and present evidence in support of their application. Other parties may appear and present evidence in accordance with their interests. No exception to the procedure described in this notice shall be made except upon timely motion showing good cause. Notwithstanding the provisions of this notice, if an applicant files copies of exhibits and a list of witnesses with its application, the above time requirements shall be accelerated. The Commission also may; for good cause shown, provide for expedited procedure by notifying or eliminating any of the above requirements except those relating to notice and opportunity to be heard. (SEAL) JAMES P. SPIERS Executive Secretary *SOWN Dated at Denver, Colorado this p -� .- _ �►�� 20th day of May 1988. si t Odunr „rOi ' 4711i * 0a�l. .. 4283D • dG9.44REC1/4a y o9 UNITED STATES y, o NUCLEAR REGULATORY COMMISSION c WASHINGTON.D.C.20555 May 10, 1988 Y i€ u .1 2 31988 :, t Docket No. 50-267 1 r� GREt.tc". ....- Mr. R. 0. Williams, Jr. Vice President, Nuclear Operations Public Service Company of Colorado P. O. Box 840 Denver, Colorado 80201-084C Dear Mr. Williams: SUBJECT: FIFE PROTECTION FOR FORT ST. VRAIN In a letter dated April 1, 1985 (P-85113) , you requested certain exemptions from the technical requirements of Appendix R, Sections III.G and III.J to 10 CFR Part 50 for the Fort St. Vrain Nuclear Generating Station (FSV). Additional descriptions of your program were provided in ether correspondence which is referenced in the enclosed Safety Evaluation (SE) . Based on our evaluation of your submittals, as listed above, we conclude for the exemptions requested, that the FSV alternate fire protection configuration provides an equivalent level of safety to that achieved by conformance with Appendix R. Therefore, the exemption requests as described in the enclosed Exemption are granted. A copy of the "Environmental Assessment and Finding of No Significant Impact" was sent to you by our letter dated September 16, 1987, and published in the Federal Register on September 28, 1987 (52 FR 36319). You were provided an opportunity to comment on the factual aspects of our SE by letter dated December 18, 1987, and responded by letter dated February 3, 1988 (P-88046). Certain comments related to the facts in the SE and provided by you have been reflected in the SE. J .z570 Mr. R. 0. Williams -2- As per our letter of September 29, 1987, your dates for completion of your Appendix R modifications are schedule commitments. Any changes to these commitments should be requested from and approved by this office. A copy of the Exemption is being filed with the Office of the Federal Register for publication. Sincerely, Kenneth L. Heitner, Project Manager Project Directorate - IV Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation Enclosures: As stated cc w/enclosures: See next page • Mr. R. 0. Williams, dr. Public Service Company of Colorado Fort St.. Vrain cc: Mr. D. W. Warembourg, Manager Albert J. Hazle, Director Nuclear Engineering Division Radiation Control Division Public Service Company Department of Health of Colorado 4210 East 11th Avenue P. 0. Box 840 Denver, Colorado 80220 Denver, Colorado 80201-0840 Mr. David Alberstein, 14/159A Mr. P. 0. Williams, Jr., Acting Manager GA Technologies, Inc. Nuclear Production Division Post Office Box 85608 Public Service Company of Colorado San Diego, California 92138 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Mr. H. L. Brey, Marager Nuclear Licensing and Fuel Division Mr. P. F. Tomlinson, Manager Public Service Company of Colorado Quality Assurance Division P. O. Box 840 Public Service Company of Colorado Denver, Colorado 80201-0840 16805 Weld County Road 19.1/2 Platteville, Colorado 80651 Senior Resident Inspector U.S. Nuclear Regulatory Commission Mr. R. F. Walker P. 0. Box 640 Public Service Company of Colorado Platteville, Colorado 80651 Post Office Pox 840 Denver, Colorado 80201-0840 Kelley, Stansfield & O'Donnell Public Service Company Building Commitment Control Program Room 900 Coordinator 550 15th Street Public Service Company of Colorado Denver, Colorado 80202 2420 W. 26th Ave. Suite 100-D Denver, Colorado 80211 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Chairman, Board of County Commissioners of Weld County, Colorado Greeley, Colorado 8063I Regional Representative • Radiation Programs Environmental -Protection Agency 1 Denver Place 999 18th Street, Suite 1300 Denver, Colorado 80202-2413 UNITED STATES OF AMERICA NUCLEAR REGULATION COMMISSION In the Matter of PUBLIC SERVICE COMPANY )) Docket No. 50-267 OF COLORADO ) ) (Fort St. Vrain Nuclear Generating Station) EXEMPTION I. Public Service Company of Colorado (PSC or the licensee) is the holder of Facility Operating License No. DPR-34 which authorizes the operation of the Fort St. Vrain Nuclear Generating Station (the facility) at a steady-state power level rot in excess of 842 megawatts thermal . This license provides, among other things, that the facility is subject to all rules, regulations, and Orders of the Nuclear Regulatory Commission (the Comission or the staff) now or hereafter in effect. The facility is a high temperature gas-cooled reactor (F?TGR) located at the licensee's site in Weld County, Colorado. II. The 10 CFR 50.x8, "Fire Protection," and Appendix R to 10 CFR Part 50, "Fire Protection Program for Nuclear Facilities Operating Prior to January I, 1979" - 2 - set forth certain fire protection features required to satisfy the General Design Criterion related to fire protection (Criterion 3, Appendix A to IC CFR Part 50) . Section III.C of Appendix R requires fire protection for equipment important to post-fire shutdown. Such fire protection is achieved by various combinations of fire barriers, fire suppression systems, fire detectors, and separation of safety trains (III.G.2) or alternate post-fire shutdown equipment free cf the fire area (III.G.3) . The objective of this protection is to assure that one train of equipment needed for hot shutdown would be undamaged by fire, and that systems needed for cold shutdown could be repaired within 72 hours . (III.G.I) . Section II1.J of Appendix R requires emergency lighting units with at least an 8-hour battery power supply be provided in all areas needed for operation of safe shutdown equipment and in access and egress routes thereto. III. By letters dated November 10 and December 17, 1984, and January 17 and April 1, 1985, the licensee provided details of their fire protection program and requested approval of a number of exemptions from the technical requirements of Sections III.G and III.J of Appendix R to 10 CFR Part 50. Additional correspondence-oh- this subject is referenced in the Commission's concurrently issued Safety Evaluation. A description of the exemptions requested and a summary of the Commission's evaluation follow. - 3 - Exemption Requested The licensee requested an exemption from III.6.2 for the Three Room Control Complex and Diesel Generator Rooms from having 3-hour rated fire dampers, doors, and penetration seals. The staff's principal concern was in the event of a fire of significant magnitude, products of combustion would pass through the wall and damage redundant/alternate post-fire shutdown systems on the other side. However, the areas on both sides of these walls are protected by automatic fire detection systems. These systems alarm in the Control Room. The staff therefore expects that any potential fire would be detected in its incipient stage before significant flame spread or room temperature rise occurred. The plant fire brigade would then be dispatched and would put out the fire using manual fire fighting equipment. If rapid fire spread occurred, the automatic fire suppression systems would actuate to control the fire and reduce ambient temperature rise. Until this occurred, the existing walls which surround these areas would act to confine the effects of the fire to the area of origin. Because openings exist in the walls, the staff expects a quantity of smoke and hot gases to pass through them and enter the adjoining locations. The smoke would be so dissipated and the hot gases cooled to the point where they would not represent a significant threat to post-fire shutdown systems outside of the fire area. On this basis, the staff concludes that the licensee's alternate fire protection configuration, with the proposed modifications, will achieve an acceptable level of fire safety equivalent to that provided by Section II.G.2. 4 - The special circumstances of 10 CFR 50.12 apply in that application of the regulation in the particular circumstances is not necessary to achieve the underlying purpose of the rule. The purpose of the 3-hour barrier is to protect redundant trains cf safe shutdown equipment. However, this would be achieved as discussed above. Thus, the underlying purpose of the rule would be satisfied without installing the required 3-hour rated dampers, doors and penetration seals. Exemption Requested The licensee requested exemption from III.G.3 for the Control Room from having a fire detection system installed throughout this fire area. The staff's principal concern is that because of the absence of an areawide fire detection system, a fire could develop which would damage shutdown systems to the extent that the plant could not be safely shut down after the fire. However, the Control Room is continuously manned and automatic smoke detectors are located in the Control Room cabinets and consoles. There is reasonable assurance that a fire would be detected and suppressed by the Control Room operators or the plant fire brigade before significant damage occurred. If a serious fire developed, the existing halon fire suppression system would be manually actuated to put out the fire or control it until the plant fire brigade arrived. If such a fire caused the loss of redundant post-fire shutdown systems, the Alternate Cooling Method is available to bring the plant to a safe shutdown condition. Therefore, an areawide fire detection system in the Control Room is not necessary to provide reasonable assurance that a fire would be detected and post-fire shutdown capability maintained free of fire damage. - J - Cr this basis, the staff concludes that the licensee's alternate fire protection configuration provides an acceptable level of fire safety equivalent to that provided by Section I11.6.3. The special circumstances of 10 CFR S0.12 apply in that application of the regulation in the particular circumstances is not necessary to achieve the underlying purpose of the rule. The purpose of the areawide fire detection is tc minimize the potential for damaging all equipment within a fire area. However, this would be essentially achieved as discussed above. Thus, the underlying purpose of the rule would be satisfied without installing areawide fire detection in the control rocm. Exemption Requested The licensee requested exemption from I11.6.2; for the Tu-bine Building from having a fire detection system installed throughout this fire area. The staff's principal concern with this exemption was that a fire of significant magnitude could develop and damage systems needed to safely shut down the plant. However, a fire detection system will be installed throughout every elevation of this fire area that does contain post-fire shutdown systems. If a fire should occur in these locations, it is expected to be detected by the system. An alarm would be transmitted automatically to the Control Room and the fire brigade would subsequently be dispatched. The brigade would put out the fire using manual fire fighting equipment. If fire should-break out on the operating floor or the upper elevations of the Access Control Bay, it would be discovered, after some time delay, by plant operators or the security force. Until the arrival of the fire brigade, there are no post-fire shutdown systems that could be damaged - 6 - by fire in these locations. Therefore, an areawide fire detection system is not necessary to provide reasonable assurance that a post-fire shutdown capability will remain free of fire damage. On this basis, the staff concludes that the licensee's alternate fire protection configuration, with the proposed modifications, will achieve an acceptable level of fire safety equivalent to that provided by Section III.6.2. The special circumstances of 10 CFR 50.12 apply in that application of the regulation in the particular circumstances is not necessary to achieve the underlying purpose of the rule. The purpose of the areawide fire detection is to minimize the potential for damaging all equipment within a fire area. However, this would be essentially achieved as discussed above. Thus, the underlying purpose of the rule would be satisfied without installing areawide fire detection in the Turbine Building. Exemption Requested The licensee requested exemption from III.6.? for the Access Control Bay from having redundant post-fire shutdown systems adequately separated, and the area protected by automatic fire detection and suppression systems. The staff's principal concern was that because of the relative proximity of the reactor plant exhaust fans, a fire of significant magnitude would damage redundant post-fire shutdown systems to such an extent that safe shutdown could not be achieved and maintained. - 7 - However, the fire load in this location is not sionificant, with combustible _ materials dispersed throughout the elevation. If a fire should occur, it would be detected by the fire detection system in its incipient stages before signifi- cant flame propagation or room temperature rise occurred. The fire brigade would then be dispatched and would put out the fire using manual fire fighting equipment. Pending arrival of the brigade, the effects of the fire would be mitigated because the smoke and hot gases would rise up into the high ceiling area, which would tend to act as a heat sink. Also, the fan motors and related cables would be shielded from the effects of a fire by the metal fan enclosures. Nevertheless, if a fire did result in damage to both reactor plant exhaust fans, the licensee will be able to recover from this damage by relying upon a chiller unit and recirculation fan that is located in a separate fire area. Therefore, the absence of a fixed fire suppression system is not necessary to provide reasonable assurance that safe shutdown can be achieved and maintained. On this basis, the staff concludes that the licensee's alternate fire protection configuration, plus the proposed modifications, will achieve an acceptable level of fire protection equivalent to that provided by Section 11I.6.3. The special circumstances of 10 CFR 50.12 apply in that application of the regulation in the particular circumstances is not necessary to achieve the underlying purpose of the rule. The purpose of the rule is to provide adequate protection for the redundant shutdown equipment. However, in this case the equipment is already adequately protected, and redundant equipment - S - exists in another fire area. Thus, the underlying purpose of the rule would be satisfied without requiring equipment separation and automatic fire detection and suppression. Exemption Requested The licensee requested exemption from III.6.2 and II1.6.3 for Outside Areas-Exterior Routing and the Turbine/Reactor Building Comrer Wall from the requirement for a 3-hour fire barrier to separate redundant (alternate) post-fire shutdown systems. The staff's principal concern was that a fire of significant magnitude tray result in damage to components associated with the normal post-fire shutdown systems and the alternate cooling method (ACM). If a fire were to occur in the above referenced outside locations, a potential exists for components associated with the ACM to be damaged. However, because these areas are located outside and away from the normal post-fire shutdown systems located within the Turbine Building, the products of combustion or radiant energy from such a fire should not affect the normal systems. Smoke and hot gases would tend to be dissipated in the open air. Radiant energy would be mitigated by the intervening open space and by the exterior walls of the Turbine Building. Similarly, if a fire were to occur inside the Turbine or Reactor Building, the fire should be detected by the automatic fire detection system or by plant operators or the security force: The fire would either be extinguished manually by the plant fire brigade or by the automatic fire suppression systems. Because - Q these locations are large open plant areas, the smoke and hot gases from such a fire might spread within each area. But it is the staff's judgment that the metal and masonry walls which bound these fire areas are capable to a significant extent of confining the effects of the fire to the immediate fire area, until the fire is extinguished. Because these walls are not all fire-rated, some products of combustion may spread beyond them. However, the smoke and hot gases would be cooled and dissipated so that there will be nc threat to the redundant/alternate post-fire shutdown systems in the adjoining fire areas. Therefore, complete 3-hour rated fire walls are not necessary to provide reasonable assurance that safe shutdown conditions could be achieved are maintained with undamaged post-fire shutdown systems in the cther fire areas. On this basis, the staff concludes that the licensee's alternate fire protection configuration will achieve an acceptable level of fire safety equivalent to that achieved by compliance with Sections III.G.2 and III.6.3. The special circumstances of 10 CFR 50.12 apply in that application of the regulation in the particular circumstances is not necessary to achieve the underlying purpose of the rule. The purpose of the rule is to provide adequate protection and separation for alternate/redundant post-fire shutdown equipment. However, in this case the equipment is already adequately separated. Thus, the underlying purpose of the rule would be satisfied without installing 3-hour rated fire" barriers. - 10 - Exemption Requested The licensee requested exemption from III.G.2 for Alternate Cooling Method/ Congested Cable Area Interface from having redundant post-fire shutdown systems adequately separated and the area protected by automatic fire detection and suppression systems. The staff's principal concern with the level of fire safety in these locations was that a fire cf significant magnitude might damage systems associated with both the normal post-fire shutdown capability and the alternate cooling method. There is no major unmitigated fire hazard in these locations. The only significant hazard which would represent a threat to post-fire shutdown systems is the concentration of combustible insulation or. the cables. However, these cable concentration areas are protected by automatic sprinkler systems. The suppression systems along the "C" and "J" walls were originally designed for manual actuation. However, at the staff's request, the licensee converted these systems to automatic actuation. Additionally, the interface areas will be protected by an automatic fire detection system. As a result, any potential fire should be detected early, before significant fire propagation or room temperature rise occurs. The fire would then be extinguished by the plant fire brigade using manual fire fighting equipment. If rapid Vre spread occurred, the automatic wet pipe sprinkler systems should actuate and limit fire spread, moderate room temperature rise, and protect the post-fire shutdown cables along the "G" and "J" walls. Until the arrival of the brigade, the spatial separation between post-fire shutdown systems provides passive protection to prevent damage to redundant/alternate post-fire - 11 - shutdown systems. For those systems which are not sufficiently separated, the licensee has identified alternate means of achieving and maintaining safe shutdown that would not be affected by a fire. On this basis, the staff concludes that the licensee's alternate fire protection configuration, with proposed modifications, will achieve an acceptable level of fire safety equivalent to that achieved by compliance with Section III.G.2. The special circumstances of 10 CFR 50.12 apply in that application of the regulation in the particular circumstances is not necessary to achieve the underlying purpose of the rule. The purpose of the rule is to provide adequate protection for the redundant shutdown equipment. However, in this case, the equipment is already adequately protected. Thus, the underlying purpose of the rule would be satisfied without requiring equipment separation and automatic fire detection and suppression. Exemption Requested The licensee requested exemption from the III.3 requirement that emergency light be powered by individual 8-hour batteries packs. The staff had two concerns with the proposed emergency lighting system in these buildings. The first was that a sufficient number of lights would not be installed so as to provide an adequate level of illumination. However, all essential valves and equipment components requiring manual operator actions, and access and egress routes thereto, will be covered by the local zone lighting plus spot beams from adjacent zones. In addition, the licensee committed to verify the adequacy of the illumination by conducting a field - 12 - walkdown with plant operators to confirm the adequacy of the number, locations, . and positioning of the lights. The second concern was that a fire could damage the power supply to the emergency lighting. However, the new system is designed in such a manner that fire in any cne zone would not affect the emergency lighting in adjacent zones. Therefore, individual 8-hour batteries for each emergency light are not necessary tc provide reasonable assurance that sufficient emergency lighting would to available to complete safe shutdown functions after a fire. On this basis, the staff concludes that the licensee's alternate configuration will achieve an acceptable level of safety equivalent to that achieved by compliance with Section III.J. The special circumstance of 10 CFR 50.12 apply in that application of the regulation in the particular circumstances is not necessary to achieve the underlying purpose of the rule. The proposed emergency lighting system provides an adequate level of illumination and is adequately protected against fire damage. Thus, the underlying purpose of the rule would be satisfied without installing 8-hour battery packs. Exemption Requested The licensee requested exemption from III.G.2 for the Reactor Building from having redundant post-fire shutdown systems adequately separated and the area protected by automatic fire detection and suppression systems. The staff's principal concern was that a fire of significant magnitude would damage systems associated with redundant post-fire; shutdown methods. However, the major fire hazards in this area are covered' by an automatic - 13 - fire suppression system. Consequently, a fire involving these hazards would be mitigated by the system. Remaining combustible materials are generally dispersed throughout the remainder of the area. fs a result, a fire involving these materials would be of limited magnitude and extent ant characterized initially by low flare propagation and ambient temperature rise. If a fire did occur, it would be detected early by the fire detection systems. Where no detectors have been provided above the refueling floor, no shutdown systems exist. Upon actuation of the detection system or discovery of the fire by plant personnel , the Control Room would be notified and the fire brigade dispatched. The fire would then be either suppresses' manually using portable fire fighting equipment, or automatically if the fire originated in the sprinkler area. Until the fire is controlled, the spatial separation between post-fire shutdown systems which in part extends over more than one floor elevation, will provide reasonable assurance that a post-fire shutdown capability will remain free of fire damage. • On this basis, the staff concludes that the licensee's alternate fire protection configuration, with the committed modifications, will provide an acceptable level of fire safety, equivalent to that achieved by compliance with Section III.G.2. The special circumstances of 10 CFR 50.12 apply in that application of the regulation in the particular circumstances is not necessary to achieve the underlying-purpose of the rule. The purpose of the rule is to provide adequate protection for the redundant shutdown equipment. However, in this - 14 - case, the equipment is already adequately protected. Thus, the underlying purpose of the rule would be satisfied without requiring equipment separation and automatic fire detection and suppression. Exemption Requested The licensee requested exemption from III.G.2 for the Turbine Building from having redundant pest-fire shutdown systems adequately separated and the area protected by automatic fire detection and suppression systems. The staff's principal concern was that a fire of significant magnitude would damage systems associated with redundant post-fire shutdown methods. However, the major fire hazards in this area are covered by an automatic fire suppression system, or are separated by fire walls, or both. Consequently, a fire involving these hazards would be mitigated by the protection systems. Remaining combustible materials are generally dispersed throughout the remainder of the area. As a result, a fire involving these materials would be of limited magnitude and extent. It would be initially characterized by low flame propagation and ambient temperature rise. If a fire did occur, it would be detected early by the fire detection system. Where no detectors have been provided, no shutdown systems exist. Upon actuation of the detection system or discovery of the fire by plant personnel , the Control Room would be notified and the fire brigade dispatched. The fire would then be either suppressed manually using portable fire fighting equipment, or automatically if the fire originated in a sprinkler area. Until the fire is controlled, the spatial separation between l - 15 - post-fire shutdown systems, which in part extends over more than one floor elevation, will provide reasonable assurance that a post-fire shutdown capability will remain free of fire damage. On this basis, the staff concludes that the licensee's a ?.ternate fire protection configuration with the committed modifications will provide an acceptable level of fire safety equivalent to that achieved by compliance with Section III.G.2. The special circumstances of IC CFR 50.12 apply in that application of the regulation in the particular circumstances is not necessary to achieve the underlying purpose of the rule. The purpose of the rule is to provide adequate protection for the redundant shutdown equipment. However, in this case, the equipment will he adequately protected. Thus, the underlying purpose of the rule would be satisfied without requiring equipment separation and automatic fire detection and suppression. Exemption Requested The licensee requested exemption from III .G.2 for 8uildinc 10 from the requirement that structural steel which is part of a fire boundary be protected to achieve a 3-hour fire barrier rating. The staff's principal concern is that the steel wall separates two rooms which contain redundant post-fire shutdown systems. The rooms on both sides of this wall are equipped with art automatic fire detection system. If a fire should occur, ft—Would be detected in its formative stages before significant temperature rise occurs. The fire would then be put out manually using portable fire extinguishers. If rapid fire spread occurred, the automatic fire suppression system should actuate to control the fire. The system has sufficient • _ 16 _ extinguishing agent for a manually initiated second discharge if the fire was not completely extinguished after the first discharge. Until the fire is extinguished, and considering the low fire loading (equivalent to a 15-minute duration on the ASTM E-II9 time temperature curve) , it is the staff's judgment that the unprotected steel will retrain undamaged and the integrity of the fire wall will be maintained. On this basis, the staff concludes that the licensee's fire protection configuration will provide an equivalent level of fire safety to that achieved by compliance with Section III.0.2. The special circumstances of 10 CFR 50.12 apply in that application of the regulation in the particular circumstances is not necessary to achieve the underlying purpose of the rule. In this case, the low fire loading and the presence of manual and automatic fire suppression equipment minimize the threat to the steel fire barrier. Thus, the underlying purpose of the rule would be satisfied without upgrading the steel wall to a 3-hour fire rating. IV. Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12, this exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. The Commission has further determined that special circumstances, as set forth in t0 CFR 50.12(a)(2)(ii), are present justifying the exemption, namely that the application of the regulation in the particular circumstances is not necessary to achieve the underlying purpose of the rule. Specifics are discussed in each exemption request, but in general the underlying purpose of - 17 - the rule is to accomplish safe shutdown in the event of a single fire and maintain the plant in a safe condition. This is accomplished by assuring that sufficient undamaged equipment is available to support safe shutdown, assuming a fire within the area of concern. In the areas for which an exemption is being requested, passive as well as active fire protection features assure that any single fire will not result in the loss of safe shutdown capability. These features include separation distance, fire barriers, sealed penetrations, water spray or halor systems to preclude propagation, and manual actions. The fire protection features, in conjunction with low combustible loadings, provide a high degree of assurance that a single fire will not result it loss of post-fire shutdown capability. At this time, the licensee has not completed all of the modifications upon which these exemptions are based. However, the licensee has in place acceptable compensatory measures and is committed to the timely completion of the committed modifications. Accordingly, the Commission hereby grants the exemptions from the requiremerts of 10 CFR Part 50, Appendix R as described in Section III above. Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this Exemption will have no significant impact on the environment (52 FR 36319) . The Safety Evaluation concurrently issued and related to this action and the above referenced submittals by the licensee are available for public - 18 - inspection at the Commission's Public Document Room, 1717 H Street, N.W. , Washington, D.C. , and at the Greely Public Library, City Complex Building, Greely, Colorado. This Exemption is effective upon issuance. FOR THE NUCLEAR REGULATORY COMMISSION releenn Crutchfie or Division of Reactor Proje IV, V and Special Projects Office of Nuclear Reactor Regulation Dated at Rockville Maryland this 10th day of May, 1988. tot REG„, o UNITED STATES NUCLEAR REGULATORY COMMISSION s WASHINGTON.D.G.20555 o o SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATING TO THE PROPOSED SAFE SHUTDOWN SYSTEM AND EXEMPTION RECUESTS CONCERNING 10 CFR PART 50, APPENDIX R FORT ST. VRAIN NUCLEAR GENERATING STATION PUBLIC SERVICE COMPANY OF COLORADO DOCKET NO. 50-267 1.0 INTRODUCTION This Safety Evaluation addresses the compliance of the Fort St. Vrain Nuclear Generating Station (FSV) with 10 CFR Part 50, Appendix R, Sections III.C and III.J, concerning fire protection programs for nuclear power facilities. The NRC regulatory criteria that form the complete fire protection licensing basis for FSV also include: - Appendix A to Branch Technical Position APCSB 9.5-1, Rev. 1, and - PSC letter of August 17, 1964 from Lee to Johnson (P-84281) (Reference 14). This is also contained as Appendix A of Reference Ia. By letter dated August 3, 1987 (Reference 15) , the NRC reaffirmed that the above positions represented the applicable regulatory basis for fire protection at Fort St. Vrain. This position has remained unchanged from earlier correspondence, including Reference 13. This evaluation discusses both the proposed post-fire shutdown systems and the exemptions requested. 1.1 Post-Fire Shutdown Systems A review of the post-fire safe shutdown systems, proposed by Public Service • Company of Colorado (PSC) for FSV fire protection considerations, entitled "Fire Protection Shutdown/Cooldown Model ," was undertaken by Region IV personnel in accordance with TIA 83-105 in October 1985. The initial review of the PSC proposal (Reference 1) resulted in a number of questions which were transmitted to PSC by NRC letter dated November 1, 1985 (Reference 3) . PSC responded to these questions in their December 20, 1985 letter (Reference 4) which deferred the submittal of an analysis to Justify the effectiveness of the proposed post-fire shutdown models until the fourth quarter of 1986. A proposed FSV fire protection program plan was submitted December 15, 1987 (Reference 20) per Generic Letter 86-10. -2- Review of the December 20, 1985 response resulted in a number of followup and clarification questions which were discussed during a telephone con- ference to February 26, 1986, and documented in PSC letters dated March 14 and April 4, 1986 (References 5 and 6, respectively). 1.2 Exemption Requests By letter dated April I, 19E5 (Reference Id), the licensee submitted Appen- dix R Evaluation Report No. 4, which contained exemption requests and pro- posed fire protection and systems-related modifications. Eleven exemptions • from the technical requirements of Section III.G and one exemption from Section III.J of Appendix R to 10 CFR Part 50 were requested. A scheduler exemption from 10 CFR 50.48 was also requested. However, in a letter dated July 22, 1986 the staff stated that this exemption was not needed. By letter dated May 31, 1985 (Reference 2) , the licensee submitted Report No. 5, "Fire Hazards Analysis and Evaluation of Fort St. Vrain Building v No. 10 to BTP 9.5-1, Appendix A Guidelines." Section III.G.2 of Appendix R requires that one train of cables and equip- ment necessary to achieve and maintain post-fire shutdown be maintained free of fire damage by one of the following means: a. Separation of cables and equipment and associated ron-safety circuits of redundant trains by a fire barrier having a 3-hour rating. Struc- tural steel forming a part of or supporting such fire barriers shall be protected to provide fire resistance equivalent to that required of the barrier; b. Separation of cables and equipment and associated non-safety circuits of redundant trains by a horizontal distance of more than 20 feet with no intervening combustibles or fire hazards. In addition, fire detectors and an automatic fire suppression system shall be installed in the fire area; and c. Enclosure of cables and equipment and associated non-safety circuits of one redundant train in a fire barrier having a 1-hour rating. In addition, fire detectors and an automatic fire suppression system shall be installed in the fire area. If these conditions are not met, Section 111.6.3 requires an alternative shutdown capability independent of the fire area of concern. It also requires that a fixed suppression system be installed in the fire area of concern if it contains a large concentration of cables or other combustibles. These alternative requirements are not deemed to be equivalent; however, they provide equivalent protection for those configurations in which they are accepted. Because it is not possible to predict the specific conditions under which fires may occur and propagate, the design basis protective features are specified in the rule rather than the design basis fire. Plant-specific features may require protection different from the measures specified in Section 3II.G. In such a case, the licensee must demonstrate, by means of a detailed fire hazards analysis, that existing protection or existing protection in conjunction with proposed modifications will provide a level of safety equivalent to the technical requirements of Section III.G of Appendix R. In summary, Section III.G is related to fire protection features for ensuring that systems and associated circuits used to achieve and maintain post-fire shutdown are free of fire damage. Fire protection configurations must either meet the specific requirements of Section III.G or an alternative fire protection configuration must be justified by a fire hazard analysis. Our general criteria for accepting an alternative fire protection configur- ation are the following: o The alternative ensures that one train of equipment necessary to achieve hot shutdown from either the control room or emergency control stations is free of fire damage. o The alternative ensures that fire damage to at least one train of equipment necessary to achieve cold shutdown is limited such that it can be repaired within a reasonable time (minor repairs with components stored onsite). o Modifications required to meet Section III.G would not enhance fire protection safety above that provided by either existing or proposed alternatives. o Modifications required to meet Section III.G would be detrimental to overall facility safety. 2.0 EVALUATION 2.1 Post-Fire Shutdown Systems The evaluation of the post-fire shutdown system was based or the Appendix P. fire protection regulatory guidance contained in PSC's Auguct 17, 1984 letter. This letter is included as Appendix A to Report No. I (see Refer- ences la and 14) and reflects the guidance provided by the NRC staff for fires in congested cable areas and noncongested cable areas. It was noted (see Figures 4.4 through 4.1E of Reference lc) that some elec- trical cables for Train A and Train B components are located in close proximity within the same fire area(s). The licensee is rerouting some of these cables to improve separation, and ft is expected that the electrical separation specified in the exemption requests and proposed modifications will be verified during NRC inspections, after modifications are complete. -4- 2.1.1 Congested Cable Areas The-criteria delineated in the regulatory guidance for fires in con- gested cable areas were based on the use of the Alternate Cooling Method (ACM). The congested cable areas are defined as the Control Room, 480 Volt Switchgear Room, the Auxiliary Electric Room, and the congested cable area along the "G" and "J"walls (see References 13 and 14). The ACM is an independent, diesel driven, 2500 kW electrical generator with an associated distribution system that is used to provide power to selected plant components through manual transfer switches. Under ACM liner cooldown, the initial action is depressurization which must be initiated within approximately 2 hours; other actions are not required for a much longer time period (e.g. , liner cooling must be initiated within 28 hours) , but can be initiated much sooner. The ACM provides a source of Prestressed Concrete Reactor Vessel (PCRV) Liner Cooling Water (LCW) . The procedure used to place the ACM in operation is A0P 48-01. The NRC approval of the ACM is contained in the Safety Evaluations enclosed in License Amendments 14, 18 and 21 (References 7, 8 and 9) . Since the licensee states (see References 4 and 5, Item 6.b) that "the design, loads and intent of the A.CM has not been modified sig- nificantly since its use was approved," no additional review or approval was required. 2.1.2 Noncongested Cable Areas The criteria delineated in the regulatory guidance for fires in non- congested cable areas were based on the requirements contained in Section III.L cf Appendix R to 10 CFR Part 50. The application of these criteria that apply to Fort St. Vrain is specifically defined in. References 13 and 14. The limiting consequences require that, "For any single fire in a non-congested cable area, means shall be available to shut down and cool down the reactor in a manner such that no fuel damage occurs (i.e., maximum fuel particle temperature does not exceed 2900 degrees F). There shall be no simultaneous rup- ture of both a primary coolant boundary and the associated secondary containment boundary such that no unmonitored radiological releases of primary coolant occur." The means proposed by PSC in Reference la and updated in Reference 18, to shut down and cool down the reactor, consist of two trains (A and 8) of post-fire shutdown systems which provide for reactivity control , PCRV integrity, and decay heat removal. -5- 2.1.2.1 Reactivity Control Reactor shutdown is accomplished by insertion of the 37 control rod pairs via a manually or automatically initiated reactor scram. A scram is accomplished by interrupting the power supply to the Control Rod Drive Mechanisms (CRDM's) and their associated holding brakes which allows the control rods to fall by gravity into the core. Two Wide Range Nuclear Instruments (one per train) are utilized to monitor the core reactivity. In addition, the FSV design includes a Reserve Shut- down System (RSS) which can be manually actuated to insert separate neutron absorbing material into the core for reactivity control . Use of the RSS is covered by FSV Interim Technical Specifications, LCD's 3.1.4 and 3.1.6. Since (1) there is a high degree of assurance that sufficient neutron absorbing material can 15e inserted to make the reactor subcritical , (2) there will be little effect on core reactivity except for tempera- ture changes, and (3) there are adequate provisions for monitoring the core reactivity, we find the reactivity control provisions to be acceptable. 2.1.2.2 PCRV Inteoritx The shutdown models made the assumption that the integrity of the PCRV would be ensured by maintaining the decay heat removal function. PSC subsequently provided (in Reference 4) the results of a study which found that "the absence of liner cooling had no significant effect on maximum fuel or orifice valve temperatures while forced cir- culation cooling is functioning." In addition to maintaining the structural integrity of the PCRV, the • integrity of the various PCRV penetrations must also be maintained to control the primary coolant inventory. The majority of the penetra- tions are through the top head of the PCRV. These consist of 37 CRDM and purification system penetrations. Steam generator and helium circulator penetrations are located in the bottom head, and the safety valves and instruments penetrate the sidewalls. All penetrations have a double closure design and are relatively unaffected by fires from a loss of integrity viewpoint. A summary of the PSC evaluations is contained in Reference la, Section 2.1. Based on the results of the above study, we find the PCRV integrity provisions to be acceptable. 2.1.2.3 Decay Heat Removal (DHR) The post-fire shutdown model for DHR proposed in References la and 18 consists of two trains of components which provide for core heat removal , primary coolant inventory control, process monitoring, and secondary heat removal . -6- a. Core Heat Removal - The post-fire shutdown model contains the following flow paths for core heat removal : Train A - Condensate Pump IC provides condensate flow from the Condensate Storage Tank through a steam generator to atmosphere for the first 5 hours after shutdown. Thereafter, the flow from the steam generator is recirculated through the DHR Exchanger. The Condensate Pump IC also provides flow through a helium circulator. Train B - The diesel driven fire water pump provides flow from the main cooling tower through a steam generator and a helium circulator. These flown; are vented to the atmosphere and returned to the turbine building sump, respectively. These flow paths are shown schematically in Figures 2.1-8 and 2.1-9 in Reference le, copies of which are included in this evaluation as Attachments 1 and 2. A discussion of various aspects of these flow paths is contained in the following para- graphs. 1) The electrical power supplies utilized are the ACM diesel generator (DG) for Train A components and Emergency Diesel Generator (EDG) set B for Train B components. The use of the ACM DC was necessitated by the lack of sufficient separation between the A and E EDG electrical cables. The proposed ACM DG electrical flow path runs from the 4160 volt ACM bus to the HVAC switchgear bus, to its feeder supply at the Reserve Auxiliary Transformer, through the feeder to the 4160 volt switchgear Bus 2 where it can be cross-connected to either Bus 1 or 3. The 4160 volt buses provide power to their associated, essential , 480 volt buses (I, 2, and 3). The EDG's provide power directly to the associated 480 volt essential bus; EDG A to Bus 1, EDG B to Bus 3. (These flow paths can be seen on Figure 8.2-5 of the FSV FSAR.) The proposed means to provide electrical power are acceptable. The adequacy of procedures, testing and training will be verified during routine inspection activities. --2) The effectiveness of the flow paths through the steam -- generators in the proposed post-fire shutdown model was questioned in Reference 3. The requested analyses were submitted by PSC letters dated February 17, 1987 (P-87055), and May 1, 1987 (P-87158) (References 16 and 17) . Based on a review of the available information, the conceptual designs of the flow paths are acceptable provided: (a) the above analysis verifies the effectiveness of the flow path, and (b) sufficient makeup water capability is demonstrated. The review of these analyses will be the subject of a separate Safety Evaluation. -7- 3) The design of both Trains A and B utilizes the service water system. Train A includes the use of the DHR Exchanger to transfer the heat removed from the primary coolant in the steam generator to the service water system. A discussion of the service water system is contained in a subsequent subparagraph (d) on secondary heat removal . 4) Both post-fire shutdown trains provide for the operation of one Helium Circulator to transport the heat in the reactor core to the steam generators; Train A utilizes condensate flow directly, Train B utilizes fire water through the Emergency Water Booster Pump to drive the circulator's water turbine. A review of FSAR Section 14.4.2.I , indicates that "One helium circulator can provide nearly 4.5• of rated flow through the reactor core when operated by itself with condensate water supplied to this water-turbine drive." However, for Train B, operating on boosted fire water, approximately 3% of rated helium flow can be achieved. Based on this information (References 16 and 17) , the primary flow requirement can be met. The water used to drive the water turbine of the circulators discharges into the Turbine Water Drain Tank where it is removed by one of two Turbine Water Removal Pumps. The tank is common to both trains and the pumps are located approximately 5 feet apart; therefore, adequate separation is not maintained. However, the licensee has proposed to compensate for potential fire damage to both pumps by posting a fire watch (Reference 22). The adequacy of this procedure will be verified during future staff inspections. PSC will permanently install a third Turbine Water Removal Pump a minimum cf 50 feet from the existing tank and pumps. This pump will be used in normal plant operation and also meet the criteria of redundant Appendix R emergency shutdown equipment. A review of the ability to operate the circulators with the proposed auxiliary equipment (see Attachment 3 for flow diagram) disclosed provisions for providing bearing water but not for providing a source of the buffer helium for shaft sealing. The PSC response (Reference 4, Item 8) addressing the acceptability of operating a circulator without -- buffer helium indicates that tests which were conducted showed that there would be little effect on either helium egress or water ingress. Therefore, the bearing water system is adequate. -8- The makeup source to the hearing water system is from the condensate tanks via the Emergency Bearing Water Makeup Pump for Train A and the normal Bearing Water Makeup Pump for Train B, both cf which can be cross connected. While the makeup systems appear to be acceptable, the power supply cables lack the required separation. The licensee proposed modifications which will result in greater physical separation of the cables. These modifications have been reviewed and found acceptable as discussed in our evaluation of the exemption request for the Reactor Building (See Section 2.9) . b. Primary Coolant Inventory Control Primary coolant inventory is controlled by maintaining PCRV integrity. A discussion of PCRV integrity is contained in Section 2.1.2.2, above. c. Process Monitoring The process monitoring function is required to confirm ?CRY integrity, core heat remcve.l and secondary heat removal . 1) PCRV Integrity Monitoring PCRV integrity can be monitored by the use of primary coolant pressure and temperature indications, if available. PSC has, however, requested an exemption from monitoring PCRV integrity in their request for exemption from the requirements contained in Section II1 .G.2 of Appendix R for the reactor building. The basis for this exemption request is adecuate. 2) Core Heat Removal and Secondary Heat Removal Monitoring Core heat removal monitoring is proposed to be accomplished by monitoring primary coolant flow in conjunction with secon- dary heat removal monitoring (i.e. , steam generator flow and exit temperature) . Coolant flow is detected by moni- toring the differential pressure across the circulator; the secondary heat removal is detected by monitoring feedwater flow and steam generator exit temperature and pressure. When questioned on the adequacy of this design, PSC responded (Reference 4, Item 15) that if primary flow could be confirmed, heat would be transferred to the helium as it passed through -- - the core, and that monitoring steam generator flow, temperature, and pressure would verify decay heat removal . The feedwater flow instruments have a range of 0-1,200,000 lb/hr. and the condensate flow available is about 37 percent of the range. Thus, accurate flow measurement is possible. In order to adequately monitor heat removal , PSC has proposed to only monitor the steam generator exit for constant or decreasing temperature at constant pressure. Since, the -9- governing parameter for the heat removal process is to main- tain adequate subcooling margin on the steam generator cutlet, this proposal is acceptable. In addition, the circulator flow instruments lack the required separation and are included in the reactor building exemption request. The adequacy of the propcsed instrumen- tation has been addressed in the exemption request evaluation (see Section 2.9). d. Secondary Heat Removal As discussed above, secondary heat is removed in Train A through the use of the DHR Exchanger where the decay heat, which was transferred to the feedwater in the steam generators, is trans- ferred to the service water system. The service water models are shown schematically in Figures 2.1-11A and 2.1-118 of Reference 18. These figures are included as Attachments 4 and 5. 1) The Train A service water (SW) system utilizes a SW pump .to provide flow from the SW cooling tower through the SW strainer to the various system cooled components or "loads." The return path from these loads is back to the SW cooling tower where one of the SW cooling tower fans is operated to reject the heat tc the atmosphere. Makeup flow to the SW cooling tower is provided from the domestic water supply. The SW pump and the tower fan can all be powered from the ACM DG. 2) The Train B SW system utilizes a circulating water pump to provide flow from the Main Cooling Tower tc the SW system, through the various loads, and back to the tower. The licensee's evaluation of the need for operating a Main Cooling Tower Fan is contained in Reference 4, Item 5. This evaluation, performed before the DHR Exchanger heat load was deleted from the Train B model , concludes that cooling assistance is not required. If cooling is desired, either (a) makeup water may be added or (b) a fan may be operated. 3) PSC provided a discussion of single failure considerations for components common to both proposed trains of SW in Reference 4, Item I. In particular, the SW strainer and the flow control valves to the various loads were addressed. --- Since these components are water-filled mechanisms which can be manually operated, their use was determined to be acceptable. 2.1.3 Implementation of Post-Fire Shutdown Model The ability to physically implement the required flow paths for the post-fire shutdown trains discussed in the preceding section was -IC- also evaluated. This evaluation considered whether the flow paths were physically practical and if the flow paths cou'd be established within the required time period. 2.1.3.1 Establishing Flow Paths A review of numerous facility piping and instrumentation drawings (PtIDs) showed that the proposed flow paths were possible, but that numerous interconnections and alignments would be necessary. In response (Reference 4, Item 2b) to questioning on why all valves necessary to complete the flow path were not included in the listings provided in Reference la, the licensee stated that only those manual valves whose positions are required to be changed were listed. Further PSC reviews did identify some additional manual valves which were added to the listings. (All power operated valves were checked, whether required to chance position or not.) The plant procedures do not require a check of valve positions on a routine basis but only when returning a system to operation following an outage. A further discussion of the PSC position, contained in Reference 10, states that the existing controls are adequate and that controls over non-Technical Specification systems/components will be incorporated in the Fire Protection Program. The acceptability of the valve lineup surveillance will be evaluated during an NRC inspection. The availability of the post-fire shutdown equipment will be demonstrated through the Fire Protection Operability Requirements submitted to the NRC on December 15, 1987, as part of the FSV Fire Protection Program Plan. PSC has proposed demonstrating the operability of post-fire shutdown trains in a simulated post-fire environment to the extent possible. Whether or not adequate testing and adequate walkdowns have been performed will also be determined during an NRC inspection. 2.1.3.2 Manual Actions and Timing A concern was raised in Reference 3 that the numerous manual actions required to implement the post-fire shutdown models may require more manpower than would be available. The PSC response contained in Reference 4 (Items 12 and 13) concluded that all required manual actions could be accomplished within the required time limit of 90 minutes by the nine personnel required to be on shift. The response stated-that although five personnel are dedicated to the Fire Brigade, the remaining four, operating independently for 85 minutes, could implement the post-fire shutdown model . It was noted that all actions were assumed to be mutually independent and that no supervision nor control room monitoring had been considered. PSC agreed to perform a more realistic assessment of the manpower requirements in Reference 5. PSC has now provided for ten personnel on shift and has made an assessment of the manning required to accomplish required manual actions '1 for each fire area (Reference II). This includes control room manning. Subject to confirmation through NRC inspection efforts that procedures _ and-training are adequate, we conclude that the proposed staffing level is acceptable. 2.2 Exemption Request for Three Room Control Complex and Diesel Generator Rooms 2.2.1 Exemption Requested The licensee requested exemptions from the technical requirements of Section III.G.2 of Appendix R to 10 CFR Part 50 in these areas to the extent that it requires that openings in 2-hour rated fire barriers be protected with similarly rated fire dampers, doors, and penetration seals. 2.2.1. 1 Discussion (Three Room Control Complex) The Three Room Control Complex has been considered as a single fire area. It houses the 4£0-volt switchgear room, the auxiliary electric equipment room, battery rooms, and the control room. The perimeter walls are constructed cf reinforced concrete and have a 3-hour fire rating. They have unrated dampers designed to close automatically when the Valor fire suppression system actuates. Doors in the Control Room were originally UL-labeled, 3-hour fire door assemblies; however, hardware has been changed and security modifications have been made. As a result, these doors are not now considered 3-hour fire doors. The penetration openings in the Three Room Control Complex walls are sealed with both fire-rated and unrated penetration seals. The walls feature some steel columns which are partially embedded within the walls. The exposed steel is unprotected inside the lower two rooms of the Three Room Control Complex proper. The steel columns in the control room itself are enclosed by concrete blocks. The steel columns are not an integral part of the concrete wall from the stand- point of structural integrity or fire rating. In the event of a fire, the vertical loads carried by these steel columns will be transferred to the concrete walls and down to the foundations. Existing fire protection consists of halon and water spray fire sup- pression systems in the 480-volt switchgear and auxiliary electric equipment rooms; a halon fire suppression system in the control room, a partial fire detection system in the control room and area-wide fire detection systems in the rest of the Three Room Control Complex; and portable fire extinguishers and manual hose stations. In addition, automatic water spray systems exist along the "G" and "J" walls outside of the Three Room Control Complex. In Appendix R Evaluation Report No. 4, the licensee committed to repair the doors in the west wall of the Three Room Control Complex and to upgrade the seals in the west wall to be 3-hour fire rated, -12- 2.2.1.2 Discussion (Diesel Generator Rooms) The-diesel generator rooms are considered as two separate fire areas. They are bounded by reinforced concrete walls and ceiling having a fire resistance rating of at least 3 hours. Several unrated dampers exist in the HVAC duct penetrations of these walls where they form a common boundary with the Turbine Building. The dampers were installed in conjunction with the existing carbon dioxide fire suppression system for each room and are designed to close when the system actuates. No unprotected penetrations exist in the common wall between the diesel generators. Existing fire protection includes fire detection systems, the above-referenced automatic fire suppression systems, portable fire extinguishers, and manual hose stations. The licensee justifies the exemptions in these areas on the bases of the existing fire protection, the proposed modifications, and the ability to safely shut down the plant in the event of a fire. 2.2.3 Evaluation The technical requirements of Section III.G are not met in these locations because the penetrations of the 3-hour fire barriers are not all protected by doors, dampers, or penetration seals that have a 3-hour fire rating. In addition, there exists some unprotected steel in the perimeter walls of the Three Room Control Complex. We were concerned that in the event of a fire of significant magnitude, products of combustion would pass through the wall and damage redundant/ alternate shutdown systems on the other side. However, the areas on both sides of these walls are protected by automatic fire detection systems as described in the Appendix R Evaluation Report. These systems alarm in the control room. We therefore expect that any potential fire would be detected in its incipient stages before significant flame spread or room temperature rise occurred. The plant fire brigade would then be dispatched and would put out the fire using manual fire fighting equipment. If rapid fire spread occurred, the automatic fire suppression systems would actuate to control the fire and reduce the rise in ambient temper- ature. Until this occurred, the existing walls which surround these areas would act to confine the effects of the fire to the area of origjn. Because openings exist in the walls, we expect a quantity of smoke and hot gases to pass through them and enter the adjoining locations. But the smoke would be so dissipated and the hot gases would be cooled to the point where, in our judgment, they would not represent a sig- nificant threat to post-fire shutdown systems outside of the fire area. 2.2.4 Conclusion Based on our evaluation, we conclude that the licensee's alternate . . fire protection configuration, with the proposed modifications, will -13- achieve an acceptable level of fire safety equivalent to that provided by Section III.G.2. Therefore, the licensee's request for exemption for-a complete 3-hour fire barrier in the Three Room Control Complex and Diesel Generator Rooms should be granted. 2.3 Exemption Request for Control Room 2.3.1 Exemption Requested The licensee requested an exemption from the technical requirements of Section III.G.3 cf Appendix R to 10 CFR Part 50 to the extent that it requires that a fire detection system be installed throughout a fire area that has been provided with an alternate shutdown capability. 2.3.2 Discussion The control room is a separate room within the Three Room Control Complex. It is bounded by walls that have a 3-hour fire rating, except for the doors, dampers, and penetration seals which are evaluated in Section 2.2. The principal fire hazard within the area consists of cable insulation and paper. Existing fire protection includes an areawide halon fire suppression system, fire detectors in the control room cabinets and consoles, portable fire extinguishers, and manual hose stations. The licensee justifies the exemption on the basis of the existing protection, the continuous presence of control room operators, and the ability to safely shut down the plant after the fire, independent of the Three Room Control Complex. 2.3.3 Evaluation The technical requirements of Section III.G are not met in this loca- tion because of the absence of a fire detection system that provides areawide coverage. We were concerned that because of the absence of an areawide fire detection system, a fire could develop which would damage post-fire shutdown systems to the extent that the plant could not be safely shut down after the fire. However, the control room is continuously manned and automatic smoke detectors are located in the control room cabinets and consoles. We, therefore, have reasonable assurance that a fire—would be detected and suppressed by the control room operators or the plant fire brigade early, before significant damage occurred. If a serious fire developed, the existing halon fire suppression system would be manually actuated to put out the fire or control it until the plant fire brigade arrived. If such a fire caused the loss of redundant post-fire shutdown systems, the Alternate Cooling Method is available to bring the plant to a safe -14- shutdown condition. This ACM capability is physically and electrically independent of the Three Room Control Complex. Therefore, an areawide fire detection system in the control room is not necessary to provide us with reasonable assurance that a fire would be detected and post- fire shutdown capability maintained free of fire damage. 2.3.4 Conclusion Based on our evaluation, we conclude that the licensee's alternate fire protection configuration provides an acceptable level of fire safety equivalent to that provided by Section III.6.3. Therefore, the licensee's request for exemption for an areawide fire detection in the control room should be granted. 2.4 Exemption Request for Turbine Building 2.4.1 Exemption Requested The licensee requested an exemption from the technical requirements of Section III.G.2 of Appendix R to 10 CFR Part 5C to the extent that it requires that a fire detection system be provided throughout a fire area. 2.4.2 Discussion The Turbine Building houses the secondary plant equipment including such components and systems as the turbine generator, main condenser; steam, condensate, are feed systems; HVAC systems; and the emergency water booster pumps. The tuilding is essentially a three-level structure, except for the access control bay portion. It is constructed of insulated dual corrugated steel walls and a metal deck-type roof. The principal fire hazards in the building consist of accumulations of lube oil, hydraulic oil , hydrogen gas, and cable insulation. However, the locations which contain the largest concentration of these hazards are separated from the rest of the building by 2- or 3-hour fire-rated walls and ceilings, are protected by automatic fire suppression systems, or both. Existing fire protection includes partial fire detection and fire suppression systems, as discussed in Appendix R Evaluation Report No. 4, manual hose stations, and portable fire extinguishers. In Report No. 4, the licensee committed to modify and extend the existing fire detection system detectors throughout the area of the first two levels of the turbine building and at elevation 4846 feet 6 inches of the access control ay. The fire detection system will be in accordance with the provisions of National Fire Protection Association (NEPA), Standard No. 72E. -15- The licensee justifies this exemption on the basis of the existing fire protection, the proposed modifications, and the fact that there are-no post-fire shutdown systems in those locations where no fire detectors will be provided. 2.4.3 Evaluation The technical requirements of Section III.6.2 are not net in this location because redundant, post-fire shutdown systems are not separated by more than 20 feet, free of intervening combustibles. In addition, automatic fire suppression and detection systems are not provided throughout this area. Our evaluation of the separation and fire suppression issues is contained in Sections 2.5 and 2.10 of this report. Our principal concern with this exemption was that because of the absence of an areawide fire detection system, a fire of significant magnitude could develop and damage systems needed to safely shut down the plant. However, a fire detection system that meets the require- ments of RFFA Standard Eo. 72E will be installed at every elevation of this fire area that does contain post-fire shutdown systems. If a fire should occur in these locations, we expect it to be detected by the system. An alarm would be transmitted automatically to the control room and the fire brigade would subsequently be dispatched. The brigade would put out the fire using manual fire fighting equipment. If fire should break out on the operating floor or the upper elevations of the Access Control Bay, we expect it to be discovered, after some time delay, by plant operators or the security force. Until the arrival of the fire brigade, there are no post-fire shutdown systems that could be damaged by fire in these locations. Therefore, an areawide • fire detection system is not necessary to provide reasonable assurance that the post-fire shutdown capability will remain free of fire damage. 2.4.4 Conclusion Based on our evaluation, we conclude that the licensee's alternate fire protection configuration, with the proposed modifications, will achieve an acceptable level of fire safety equivalent to that provided by Section III.6.2. Therefore, the licensee's request for exemption for an areawide fire detection system in the Turbine Building should be granted. 2.5 Exemption-Request for Access Control Bay 2.5.1 Exemption Requested The licensee requested an exemption from the technical requirements of Section III.6.2 to the extent that it requires that redundant post-fire shutdown systems be separated by 20 feet free of intervening combustible materials or by a 1-hour fire barrier and that the area be • protected by an automatic fire suppression system and a fire detection system. -16- 2.5.2 Discussion The-Access Control Bay is a multi-level structure which is part of the larger Turbine Building Fire Area. It extends upward from eleva- tion 4846 feet, 6 inches to the roof at elevation 4938 feet 0 inches. Three reinforced concrete floors and one partial steel grating floor further subdivide the Access Control Bay above elevation 4846 feet 6 inches. Within this structure, the licensee has identified redundant reactor plant exhaust fans, on elevation 4846 feet 6 inches, that are not protected per the requirements of Section III.G. The fans are separated from each other by about 18 feet, and there are no intervening combustibles. The fire hazard in the Access Control Bay consists of charcoal , lubricating oil , and cable insulation which represent a fire load of about 20,750 BTU/sq. ft. This quantity of combustibles, if totally consumed, would produce an equivalent fire severity of about 16 minutes as determined by the ASTM E-11° time-temperature curve. Existing fire protection includes manual hose stations, portable fire extinguishers and automatic fire suppression over the charcoal filters. In Appendix R Evaluation Report No. 4, the licensee committed to install an automatic fire detection system on elevation 4846 feet 6 inches of the Access Control Bay. The system will he in accordance with the provisions of NFPA Standard No. 72E. In addition, the licen- see proposed tc relocate cables and transfer switches to the Train A fan so that the switches are located at least 35 feet away from its redundant Train B switch and cables are routed to each of the fans to enter from opposing directions and thereby obtain the maximum separation from the redundant cables of the opposite train. The licensee justified this exemption on the basis of the existing fire protection and the proposed modifications. In addition, the licensee indicated that should these fans be damaged by a fire, alter- nate cooling is available through a chiller unit and recirculation fan that are located in another fire area. 2.5.3 Evaluation Although the licensee requested an exemption from Section III.G.2, the requirements of Section XII.G.3 apply because of the availability of the alternative Reactor Building cooling capability. The require- mentsof Section III.G.3 are not met in the Access Control Bay because of the absence of an areawide fixed fire suppression system. Our principal concern with the level of fire safety in this location was that because of the relative proximity of the reactor plant exhaust fans, a fire of significant magnitude would damage redundant post-fire shutdown systems to such an extent that safe shutdown could not be achieved and maintained. -I7- However, the fire load in this location is not significant and the combustible materials are dispersed throughout the elevation. If a fire should occur, it would be detected by the fire detection system in its incipient stages before significant flame propagation or room temperature rise occurred. The alarm would be automatically transmitted to the control room. The fire brigade would then be dispatched and would put out the fire using manual fire fighting equipment. Fending arrival of the brigade, the effects of the fire would be mitigated because the smoke and hot gases would rise up into the high ceiling area, which would tend to act as a heat sink. Also, the fan motors and related cables would be shielded from the effects of a fire by the metal fan enclosures. Nevertheless, if a fire did damage both reactor plant exhaust fans, the licensee will be able to recover from this damage by relying upon a chiller unit and recirculation fan that is located in a separate fire area. Therefore, the fixed fire suppression system is not necessary to provide reasonable assurance that safe shutdown can be achieved and maintained. 2.5.4 Conclusion Based on our evaluation, we conclude that the licensee's alternate fire protection configuration, plus the proposed modifications, will achieve an acceptable level of fire protection equivalent to that provided by, Section III.G. Therefore, an exemption for the absence of a fixed fire suppression system in the Access Control Bay should be granted. 2.6 Exemption Requests for Outside Areas-Exterior Routing and Turbine Reactor Buildings-Common Wall 2.6.1 Exemption Requested The licensee requested an exemption from the technical requirements of Section III.G.2 of Appendix R to IQ CFR Part 50 in these locations to the extent that it requires a 3-hour fire barrier to separate redundant/alternate shutdown related systems in separate fire areas. 2.6.2.1 Discussion (Outside Areas-Exterior Routingl The Alternate Cooling Method (ACM) diesel and certain ACM-related components are relied upon as the emergency power source for post-fire shutdown Train A. The ACM diesel , transformers, plant 4-kV switch- gear, 4-kV HVAC switchgear, 4160/SSG-volt transformers, reserve auxiliary transformer bus, and ACM 4-kV switchgear are located outside of the Turbine Building. There is also ACM equipment located in the Evaporative Cooler Building, east of the Turbine Building near its southeast corner. ACM equipment in this building consists of the ACM batteries, ACM motor control center, and ACM 480-volt load center. The Turbine Building contains the emergency diesel designated as the emergency power supply for post-fire shutdown Train 8. Cabling and components associated with post-fire shutdown Train 8 are located within the Turbine Building. -18- Cabling from the ACM diesel feeding the 4-kV switchgear, and then routed to the 4160/480-volt transformers, is used as the emergency backfeed to load centers in the Three Roost Control Complex to serve as the power supply for post-fire shutdown Train A. The cable routings up to the 4160/480-volt transformers are routed underground, with the exception of overhead bus duct feeds between the 4-kV HVAC switchgear, reserve auxiliary transformer, and the plant 4-kV switch- gear. Feeds from the transformers into the Three Room Control Complex are open, ventilated, bus ducts routed above ground. These feeds pass along the east side of the Turbine Building wall . The 4-kV switchgear is located south of the Turbine Building in the vicinity of the diesel generator rooms. The south wall of the diesel generator rooms is reinforced concrete construction. The 4-kV switch- gear is located inside a separate metal enclosure that is accessed from the yard area. The 4-kV switchgear enclosure is located approximately E feet south of the Turbine Building with open space in-between. Cabling within the 4-kV switchgear enclosure enters from underground. The reserve auxiliary transformer bus duct is also used as part of this ACM backfeed. The reserve auxiliary transformer is located out- side, approximately 2C feet from the Turbine Building. The closest post-fire shutdown Train B component is the Train B emergency diesel generator. The emergency diesel generator room is a separate fire area, and is separated from the outside by a reinforced concrete wall . An HVAC switchgear enclosure associated with ACM is also located south of the Turbine Building, 7.5 feet from the building but more than 30 feet from the nearest post-fire shutdown components within the Turbine Building. ACM components in the Evaporative Cooler Building are used as part of post-fire shutdown Train A. The Evaporative Cooler Building is a separate fire area, since it is a separate building with exterior walls to the outside. This building is separated from the Turbine Building by approximately 10 feet of open space, free of intervening combustibles. Other components in the yard area associated with the ACM, when used for the Train A emergency power supply, are the ACM diesel , ACM trans- former, and the ACM 4-kV switchgear. These structures are located more than I00 feet east of the Turbine Building. 2.6.2.2 Discussion (Turbine/Reactor Buildings-Common Wall) The Turbine Building and Reactor Building are considered as two separate fire areas. The common wall between these two areas is constructed of corrugated steel . All openings in this wall are sealed so as to maintain the pressure differential required for the Reactor Building. Redundant shutdown post-fire equipment that is located on -19- both sides of the wall and is separated by at least 35 feet. Existing fire protection includes fire detection and fire suppression systems, . manual hose stations, and portable fire extinguishers, as described in Appendix R Evaluation Report No. 4. The licensee justifies the exemptions on the basis of the existing fire protection, the spatial separation between pest-fire shutdown systems, and the ability of the non-rated walls to provide a degree of passive fire protection until any potential fire is extinguished. 2.6.3 Evaluation The technical requirements of Sections III.G.2 and III.G.3 are not met in these locations because normal post-'fire shutdown systems are rot separated from their redundant counterparts or the systems associated with the alternate cooling method by a 3-hour fire-rated barrier. Our principal concern was that a fire of significant magnitude may result ir, damage to components associated with the normal post-fire shutdown systems and the alternate cooling method. If a fire were to occur in the above-referenced outside locations, a potential exists for components associated with the ACM to be damaged. However, because these areas are located outside and away from the normal post-fire shutdown systems located within the Turbine Building, we do not expect the products of combustion or radiant energy from such a fire to affect the normal post-fire shutdown systems. Smoke and hot gases would tend to be dissipated in the open air. Radiant energy would be mitigated by the intervening open space and by the exterior walls of the Turbine Building. Similarly, if a fire were to occur inside the Turbine or Reactor Buildings, we expect the fire to be detected by the automatic fire detection systems, plant operators, or the security force. The fire would either be extinguished manually by the plant fire brigade or by the automatic fire suppression systems. Because these locations are large open plant areas, the smoke and hot gases from such a fire might spread within each area. But it is our judgment that the metal and masonry walls which bound these fire areas are capable to a significant extent of confining the effects of the fire to the immediate fire area, until the fire is extinguished. Because these walls are not all -fire-rated, some products of combustion may spread beyond them. However, the smoke and hot gases would be cooled and dissipated so that there will be ne threat to the redundant/alternate post-fire shutdown systems in the adjoining fire areas. Therefore, complete 3-hour fire-rated walls are not necessary to provide reasonable assurance that post-fire shutdown conditions could be achieved and maintained with undamaged systems in the other fire areas. -20- 2.6.4 Conclusion Based on our evaluation, we conclude that the licensee's alternate fire protection configuration will achieve an acceptable level of fire safety equivalent to that achieved by compliance with Sections III.G.2 and III.G.3. Therefore, the licensee's request for exemption for a 3-hour fire wall between the Turbine Building and the Reactor Building and outside areas should be granted. 2.7 Exemption Requests for Alternate Cooling Method/Congested Cable Area Interface 2.7.1 Exemption Requested The licensee requested an exemption from the technical requirements of Section III.G.2 of Appendix R to 10 CFR Part 50 to the extent it requires that redundant post-fire shutdown-related systems be separated by more than 20 feet free of intervening combustibles and the area be protected by automatic fire detection and suppression systems. 2.7.? Discussion Cabling associated with post-fire shutdown components passes through the congested cable areas (CCA) outside of the "3" and "G" walls for the Three Room Control Complex and then into the Three Room Control Complex. For a fire at these locations, safe shutdown would be achieved using systems associated with the ACM. In general, ACM com- ponents and cabling are located in other fire areas outside of the Reactor and Turbine Buildings, Most of the cables and components for the ACM that are located in the Reactor and Turbine Buildings are located more than 40 feet away from the congested cable area. For • those systems that are located less than 40 feet from the CCA, des- cribed in Appendix R Evaluation Report No, 4, the licensee has identi- fied other systems that could be employed to achieve safe shutdown. The principal fire hazard in these ACK CCA interface areas is cable insulation. However, the areas of concentrated quantities of cables are protected by automatic sprinkler systems. In addition, these locations are protected by fire detection systems and are provided with portable fire extinguishers and manual hose stations. The licensee justified this exemption on the basis of the existing fire-protection, the spatial separation between post-fire shutdown systems-, and the availability of a number of systems that could be relied upon to achieve and maintain safe shutdown after a fire. 2.7.3 Evaluation The technical requirements of Section III.& are not met in these loca- tions because the alternate shutdown capability is not physically and electrically independent of the fire area. -21- Our principal concern with the level of fire safety in these locations was that a fire of significant magnitude might damage systems associated . with both the manual shutdown capability and the alternate cooling method. There is no major unmitigated fire hazard in these locations. The only significant hazard which would represent a threat to shutdown systems is the concentration of combustible insulation on the cables. However, these cable concentration areas are protected by automatic sprinkler systems. The suppression systems along the "G" and "J" walls were originally designed for manual actuation. However, at our request, the licensee converted these systems to automatic actuation. We acknowledged that this conversion would net completely conform to the guidelines of NFPA Standards 13 and 15. But, it was cur judgment that an automatic system would achieve a higher level of protection. The interface areas will be protected b_v an automatic fire detection system that meets the requirements of N`FPA Standard No. 72E. As a result, we expect any potential fire to be detected early, before significant fire propagation or room temperature rise occurs. The fire would then be extinguished by the plant fire brigade using manual fire fighting equipment. If rapid fire spread occurred, we expect the automatic wet pipe sprinkler systems to ,actuate and limit fire spread, moderate room temperature rise, and protect the pest-fire shutdown cables along the "G" and "J" walls. Until the arrival of the fire brigade, the spatial separation between post-fire shutdown systems provides passive protection to prevent damage to redundant/ alternate post-fire shutdown systems. For those systems which are not sufficiently separated, the licensee has identified alternate means of achieving and maintaining safe shutdown that would not be affected by a fire. 2.7.4 Conclusion Based on our evaluation, we conclude that the licensee's alternate fire protection configuration will achieve an acceptable level of fire safety equivalent to that achieved by compliance with Section III.G. Therefore, the licensee's request for exemption in the ACM CCA Interface'Areas should be granted. 2.8 Exemption Request for Emergency Lighting 2.8.1 Exemption Requested The-Ticensee requested an exemption from the technical requirements of Section III./ of Appendix R to 10 CFR Part 50 to the extent that it requires emergency lights to be powered by individual 8-hour battery packs. 2.8.2 Discussion The plant is presently equipped with hard-wired, essential/emergency backup lighting systems powered from the standby diesel generatcrs and the plant DC system. However, these systems are not sufficiently independent so that they would be available in the event of a fire. -22- In Appendix R Evaluation Report No. 4, the licensee committed to install a new system for the Reactor and Turbine Buildings. Outlying _ structures requiring access for post-fire shutdown functions that are not covered by ACM-powered lights will be covered by 8-hour battery lights. The new emergency lighting system will have the following attributes: I. Wiring and lights configured so that multiple physically separate systems would result with each system covering a zone or quadrant. Lighting equipment in each zone will be separated by a minimum of 3C feet from that of another zone. Loss of any one zone because of a postulated fire would be compensated for by the lights in the adjacent zones, including permanently installed but movable "exten- sion lights" where necessary; 2. Separate and independent power feeds fcr each zone covered; 3. Electrical power supplied from the ACM diesel ; 4. Breaker coordination so that only one circuit would fail given the loss of any one individual light unit, or a single fault such as due to a fire; 5. A minimal number of lights per circuit so that the lighting availability loss would be minimized given a circuit loss; 6. A mix of local area lights and spot flood beams plus extension lights where necessary; 7. Receive a field check/walkdown to confirm adequate numbers, locations, and positioning of lights. Essential valve operators or equipment components requiring manual operator action(s) will be covered by local zone lighting and/or spot beams. Therefore, if a fire failed the local .circuit, the spot beams from a distance greater than 30 feet would still be functional . In addition, extension lights will be available in selected areas where valves are located in upper galleries. The licensee justifies this exemption on the bases that the proposed new lighting system provides an equivalent level of emergency lighting to individual 8-hour battery packs. 2.8.3 EvaTUWtion The technical requirements of Section III.J are not met in the Reactor and Turbine Buildings because the new emergency lights are not powered by individual 8-hour batteries. -23- We had two concerns with the proposed emergency lighting system in these buildings. The first was that a sufficient number of lights would not be installed so as to provide an adequate level of illumin- ation. However, all essential valves and equipment components requiring manual operator actions, and access and egress routes thereto, will be covered by the local zone lighting and/or spot beams. In addition, at our request, the licensee in Appendix R Evaluation Report No. ff, committed to verify the adequacy of the illumination by conducting a field valkdown with plant operators to confirm the adequacy of the numbers, locations, and positioning of the lights. The second concern was that a fire could damage the power supply to the emergency lighting. However, the new system is designed in such a manner that a fire in any one zone would not affect the emergency lighting in adjacent zones. Therefore, individual 8-hour batteries for each emergency light are not necessary to provide reasonable assur- ance that sufficient emergency lighting would be available to complete post-fire shutdown functions. 2.8.4 Conclusion Based on our evaluation, we conclude that the licensee's alternate configuration will achieve an acceptable level of safety, equivalent to that achieved by compliance with Section 11I.J. Therefore, the licensee's request for exemption for individual 8-hour battery powered emergency lighting in the Reactor and Turbine Buildings should be granted. 2.9 Exemption Request for Reactor Building 2.9.1 Exemption Requested The licensee requested an exemption from the technical requirements of Section III.6.2 of Appendix R to 10 CFR Part 5C to the extent that it requires that redundant post-fire shutdown systems be separated by 20 feet free of intervening combustibles and be protected by automatic fire detection and suppression systems. 2.9.2 Discussion The Reactor Building is a single fire area. It contains redundant components and cables associated with the turbine water removal pumps, bearing water pumps, primary coolant and steam generator instrumenta- tioiL_. _It also contains Train A components and cables associated with the emergency bearing water makeup pump and Train R components and cables associated with the bearing water makeup pump. The principal fire hazard in this location consists of hydraulic oil associated with the hydraulic power units and over the helium circulator-turntable. Additional combustible materials include lubricating oil and combustible cable insulation. Existing fire protection includes automatic sprinkler systems for the hydraulic oil fire hazards and cable concentration areas, manual hose -24- stations, and portable fire extinguishers. In Appendix R Evaluation Report No. 4, the licensee committed to install a fire detection system . to 'provide areawide coverage of the Reactor Building below the refueling floor in a manner that reflects the potential problem of smoke stratifi- cation. The licensee also committed to reroute certain post-fire shutdown cables to achieve at least 50 feet of horizontal separation cr 30 feet of separation if an intervening floor exists between redundant systems except as identified and evaluated in this Safety Evaluation. A third turbine water removal pump, permanently installed a minimum of 50 feet from the existing tanks and pumps, will also be provided to compensate for the potential loss of redundant turbine water removal pumps on elevation 4740 feet 6 inches. The licensee justified the exemption on the existing fire protection, the proposed modifications, and the spatial separation between redundant pest-fire shutdown systems. 2.9.3 Evaluation The technical requirements of Section III.6.2 are not met in the Reactor Building because the intervening space between redundant post-fire shutdown systems contains some combustible material . In addition, the fire detection system does not extend to the refueling floor and above, and the existing sprinkler systems do not provide areawide coverage. Our principal concern was that a fire of significant magnitude would damage systems associated with redundant post-fire shutdown methods. However, the major fire hazards in this area are covered by an automatic fire suppression system. Consequently, a fire involving these hazards would be mitigated by the system. Remaining combustible materials are generally dispersed throughout the remainder of the area. As a result, a fire involving these materials would be of limited magnitude and extent and would be characterized, initially, by low flame propaga- tion and ambient temperature rise. If a fire did occur, it would be detected early by the fire detection systems. Where no detectors have been provided above the refueling floor, no shutdown systems exist. Upon actuation of the detection system or discovery of the fire by plant personnel , the control room would be notified and the fire brigade dispatched. The fire would then_be either suppressed manually, using portable fire fighting equipment, or automatically, if the fire originated in the sprinkler area. Until the fire is controlled, the spatial separation between post-fire shutdown systems, which in part extends over more than one floor elevation, will provide reasonable assurance that a post-fire shutdown capability will remain free of fire damage. 2.9.4 Conclusion Based on our evaluation, we conclude that the licensee's alternate fire protection configuration, with the committed modifications, will -25- provide an acceptable level of fire safety, equivalent to that achieved by compliance with Section III.6.2. Therefore, the licensee's request _ form exemption in the Reactor Building should be granted. 2.10 Exemption Request for Turbine Building 2.10.1 Exemption Requested The licensee requested an exemption from the technical requirements of Section III.G.2 of Appendix R to 10 CFR Part 50 to the extent that it requires that the redundant post-fire shutdown systems be separated by more than 20 feet of intervening combustibles and be protected by automatic fire detection and suppression systems. 2.10.2 Discussion The Turbine Building houses the secondary plant equipment including such components and systems as the turbine venerator, main condenser, steam, condensate and feed systems, RVAC systems, and the emergency water booster pumps. In Table 3.11-1 of the Appendix R. Evaluation Report No. 4, the licensee identified the post-fire shutdown systems which do not meet the separ- ation requirements of Section III.G. The licensee committed to either: 1) reroute fire-vulnerable cables outside of the fire area, or 2) protect one post-fire shutdown train by a 1-hour fire harrier, or 3) reroute fire-vulnerable cable to achieve at least 30 feet of horizontal separation with some intervening cables from its redundant alternate counterpart. For any other fire-vulnerable cables or systems, the licensee has identified a redundant means ct achieving post-fire shutdown if these systems were lost because of a fire. The licensee justifies the exemption on the bases of the existing fire protection, the proposed modifications, the spatial separation between post-fire shutdown systems, and the availability of a number of different systems that would be relied upon to achieve and maintain post-fire shutdown conditions. 2.10.3 Evaluation The technical requirements of Section III.G are not met in this area because redundant post-fire shutdown systems are not separated by more than-20 feet free of intervening combustibles, In addition, automatic fire`iuppression and detection systems are not provided throughout the area. We evaluated the lack of areawide fire detection in Section 2.4 of this safety evaluation. Our principal concern was that a fire of significant magnitude would damage systems associated with redundant post-fire shutdown methods. However, the major fire hazards in this area are covered by an auto- matic fire suppression system, or are separated by fire walls, or -26- both. Consequently, a fire involving these hazards would be mitigated by the protection. Remaining combustible materials are generally dispersed throughout the remainder of the area. As a result, a fire involving these materials would be of limited magnitude and extent and would be characterized, initially, by low flame propagation and ambient temperature rise. If a fire did occur, it would be detected early by the fire detection system. Where no detectors have been provided, no post-fire shutdown systems exist. Upon actuation of the detection system or discovery of the fire by plant personnel , the control room would be notified and the fire brigade dispatched. The fire would then be either suppressed manually, using portable fire fighting equipment, or automatically, if the fire originated in a sprinkler area. Until the fire is con- trolled, the spatial separation between post-fire shutdown systems, which in part extends over more than one floor elevation, will provide reasonable assurance that a post-fire shutdown capability will remain free of fire damage. 2.10.4 Conclusion Based on our evaluation, we conclude that the licensee's alternate fire protection configuration with the committed modifications, will provide an acceptable level of fire safety, equivalent to that achieved by compliance with Section III.G.2. Therefore, the licensee's request for exemption in the Turbine Building should be granted. 2.11 Building 10 Building 10 is a new structure, erected subsequent to our "Appendix A" fire protection evaluation. It is located east of the Control Complex and is connected with it by a bridgelike walkover structure. The exterior walls are constructed of reinforced concrete. The floors are concrete on earth or concrete on metal panels. The roof is constructed of concrete on metal panels. The building has been divided into six fire areas occupied for offices, computer rooms, electrical and mechanical equipment rooms, and related areas. Fire protection includes fire detection systems, halon fire suppression systems, and portable fire extinguishers. In Appendix R Evaluation Report No. 4, the licensee identified one deviation from the technical requirements of Section III.G.2 of Appendix R to 10 CFR Part Se. The licensee requested approval of an exemption from these requirements to the extent that they require that structural steel which is part of-a fire barrier be protected so as to achieve a fire rating equivalent to the rating of the boundary. The structural steel is part of a 3-hour fire wall that separates two rooms that contain redundant post-fire shutdown systems. The licensee justifies the exemption on the basis of the low fire loading and the existing automatic fire protection. The rooms on both sides of this wall are equipped with an automatic fire detection system. If a fire should occur, it would be detected in its IMMENEMMI _2y_ formative stages before significant temperature rise occurs. The fire would then be put out manually using portable fire extinguishers. If rapid fire spread occurred, we expect the automatic fire suppression system to actuate to control the fire. The system has sufficient extinguishing agent for a manually initiated second discharge if the fire was not com- pletely extinguished after the first discharge. Until the fire is extinguished, and considering the low fire loading (equivalent to a 15-minute duration on the ASTM E-119 time temperature curve), it is our judgment that the unprotected steel will remain undamaged and the integrity of the fire wall will be maintained. We, therefore, conclude that the licensee's fire protection configuration will provide an equivalent level of fire safety to that achieved by compliance with Section III.C. Therefore, the licensee's request for exemption for unprotected structural steel should be granted. At our request, the licensee also submitted, in Report No. 5, dated May 198E, a comparison of the fire protection for Building 10 to the guidelines of Appendix A tc BTP APCSB 9.5-1. The licensee has indicated that the guidelines pertaining to the provision of a standpipe system, yard hydrant, fire hose, and related equipment are not applicable to Building 10. We were concerned that in the event cf a fire in those areas not protected by an automatic suppression system, the licensee would not have a readily available means to apply water from hose streams onto the fire. However, the fire brigade would he able to bring hoses from either stations in the turbine building' or a yard hydrant near the building. The licensee has confirmed this capability by test. On this basis, we consider this issue closed. In the trip report dated September 12, 1963 which documented the results of an NRC site audit, we stated that the licensee did not have within its organization or as a consultant a qualified fire protection engineer responsible for the formulation and implementation of the fire protection program. However, by letter dated October 16, 1966 (Reference 21), the licensee informed the staff of the addition of a fire protection engineer to the PSC staff. He is responsible for the development of the Fire Protec- tion Program Plan and is the Program Manager of the Fire Protection Program. On this basis, the staff considers this issue closed. 2. 12 Licensee Comments By letter dated January 16, 1987 (Reference 19) , the licensee provided comments regarding the staff's November 18, 1986 draft safety evaluation. In general-, these comments have been reflected in the final safety evaluation. However, the- staff's description of the licensee's commitment regarding the proposed emergency lighting system for the reactor and turbine buildings remain the same as in the original draft. The licensee was concerned that the staff has interpreted the commitment to provide separate and independent power feeds for each emergency lighting zone to mean that independent power sources will be provided. The staff recognizes that the alternate cooling method (ACM) diesel will be the only source of power for the new emergency -28- lighting system. The power feeds to the individual zones will , however, be designed such that no two adjacent zones will be affected by any fire. The staff finds this concept acceptable, and no further clarification to the draft safety evaluation is necessary. 3.0 ENVIRONMENTAL CONSIDERATIONS Pursuant to 10 CFR 51.30, the staff concludes the following about the listed factors: (1) The reed for the proposed actions is described above; (2) The alternative to the exemptions would be to require literal compliance with Section IV.F. of Appendix E to 10 CFR Part 50. Such an action would not enhance the protection cf the environment and would be adverse to the public interest generally; (3) The issuance of the exemptions, or their denial , would not affect the environmental impact of the facility; and (4) No consultation with other agencies or persons is needed. Based on the above assessment, the NRC staff concludes, pursuant to 10 CFR 51.3?, that the issuance of these exemptions will have no sicnificant impact on the environment (52 FR 36319, September 28, 1987). 4.C CONCLUSIONS 4.1 Post-Fire Shutdown Systems • The concepts submitted by the licensee for providing post-fire shutdown under fire considerations are adequate and therefore, acceptable. The remaining aspects identified herein will be addressed during inspection activities, and in confirmatory analyses as discussed in Section 4.3. 4.2 Exemptions Based on our evaluation, we conclude that the licensee's existing fire protection configuration, with the proposed modifications, achieves an equivalent level of safety to that attained by compliance with Sections III.G and III.J. Therefore, the licensee's request for exemptions in the following areas should be granted: 1. Three Room Control Complex (Fire Barriers) 2. Control Room (Fire Detectors) 3. Turbine Building (Fire Detectors) -29- 4. Building 10 (Structural Steel) 5. Access Control Bay (Separation Requirements) 6. Exterior routing of shutdown cabling 7. ACM CCA Interface Areas (Separation Requirements) 8. Common Vail-Turbine Building/Reactor Building 9. Reactor Building (Separation Requirements) 10. Turbine Building (Separation Requirements) 11. Diesel Generator Rooms (Fire Barriers) 12. 8-hour battery pack emergency lighting 4.3 Confirmatory Evaluations As noted in Section 2.1.2.3(a)(2) , PSC has submitted analyses addressing the effectiveness of the flow paths through the steam generators (for decay heat removal) . The staff has requested it's contractor, Cak Ridge National Laboratory, to review these analyses. These evaluations will be considered confirmatory and will be reported in a separate Safety Evaluation. Dated: May 10, 1988 Reviewers: D. Kubicki , DPWRL-B, NRR P. Ireland; Region IV R. Mullikin, Region IV Attachments: 1. Figure 2.1-8 2. Figure 2.1-9 3. Figure 7.1-10 4. Figure 2.1-1IA 5. Figure 2.1-1I8 -30- References 1. Appendix R Evaluation: a. Report No. 1 , Shutdown Model , November 16, 1984 (Rev. 6) b. Report Ne. 2, Electrical Reviews, December 17, 1984 (Rev. 4) c. Report No. 3, Fire Protection, January 17, 1985 (Rev. 4) d. Report No. 4, Exemptions and Modifications., April 1, 1985 (Rev. 2) 2. Fire Hazards Analysis and Evaluation of Building I0 to the BTP 9.5-1 Appendix A Guidelines, Report No. 5, May 31, 1985 (Rev. 1) . 3. NRC letter, Butcher to Lee, dated November 1, 1985. 4. PSC letter, Walker to Berkow, dated December 20, ' 985 (P-85488). 5. PSC letter, Walker to Berkow, dated March 14, 1986 (P-86209). 6. PSC letter, Walker to Berkow, dated April 4, 1986 (P-86266). 7. License Amendment No. 1Y with NRC letter, Denise to Walker, dated June 18, 1976. 8. License Amendment No. 18 with NRC letter, Denise to Fuller, dated October 28, 1977. 9. License Amendment No. 21 with NRC letter, Cammill to Millen, dated June 6,' 979. 10. - PSC letter, Warembourg to Berkow, dated May 15, 1986 (P-86307). 11. PSC letter, Williams to Berkow, dated July 15, 1986 (P-86462). 12. PSC letter, Gahm to NRC (LER 86-020) , dated August 11, 1986 (P-86513) . 13. NRC letter, Wagner to Lee, dated June 4, 1984. 14. PSC letter, Lee to Johnson, dated August 17, 1984 (P-84281). 15. NRC letter, Crutchfield to Williams, dated August 3, 1987. 16. PSC letter; -Brey to Berkow, dated February 17, 1987 (P-87055). 17. PSC letter, Brey to Calvo, dated May 1, 1987 (P-87158). 18. PSC letter, Warembourg to Calvo, dated May 15, 1987 (P-87167). 19. PSC letter, Williams to Berkow, dated January 16, 1987 (P-87013) . M -31- 2C. PSC letter, Williams to Calvo, dated December 15, 1987 (P-87422). 21. PSC letter, Williams to Berkow, dated October 16, 1986 (P-86572). Additional updates to References 1 & 2 were provided in: PSC letter, Lee to Johnson, dated August 30, 1985 (P-85301). PSC letter, Lee to Hunter, dated September 26, 1985 (P-85341) . ATTACNCENT 1 ` frREwLTER SYSTEM MAKE-UP L-•202 DECAY a LM A KAY 4 EXOTaNCER Tdr01 L •+ T-302 tRv ct tb rA't a * Wadd SroR 6.X3241-DII [f 1 C0'OE"J5ATE atm.IC id _ ••OM-114 lit URCULSTQR C-2* r....t.........\1 1t tE u220i I %TA L GM • S' VENT �t TO LIMOS. 4 Tar r0 7VaK.syfl ow.'mac p.7100 nn.`E.sTER RECN4 FIGURE 2.I-8 SIMPLIFIED FLOW DIAGRAM CONDENSATE PUMP FOR CIRCULATOR DRIVE & S/C COOLING - TRAIN A REV. 7 ATTACHMENT 2 euesc. EMERGENCY iPtE h M, IKos-Ea MS0'S R' C-210] ■ a•2' PC CRC.4ATOR MAIN Teati E-oiO3 -a+D] 6-2202 SrEmit CCN T-21r0 T RIWE CIRC. WATER *At* MAKE-UP PUMP Er VENT DRA+N TANK P-4110 TO MVOS. Tuning rAZR REMOVAL n;w STORAGE POND' REACTOf G SUMPurr k DEAERAtOR CONDENSER HOiWELI TURBINE BUILDING SUMP FIGURE 2.1-4 SIMPLIFIED FLOW DIAGRAM FIRE WATER FOR CIRCULATOR DRIVE& S/C COOLING - TRAIN 8 • REV 7 tt ¢< )1 vac g a `W w re A:a W. c i-e S a ��ss _- �� i. vE. C - l)i w ii Vla. c i ' i • xC .. w 4.71 g E Asa 2 .c &� uU It O 14,p_ .° E _ v 1- w h. � c it ^� iii P- <c • 2i 4 115,11 w Li EX 7 w� off it a r • 118. _ 'e • till. • • W. hrk ` Zy �• �ar _` s itt s`s a = — Ztu •. a „_ H= a< "S . • ««6, 4 Ca 41 . � a . > a | |` Ka ) - ° & | �_a... . 1 ! - 1.- .14 . . , _ i a ;: ilc 4 _ c i -- _ • 3 �7 ;l I x ■ 1 13 K= § !` } ...it. � � , 1/ . ;$ • | - 77■ § t_§ R ® ice . / < ,B- _ z ■ ■ _ ! !=:x ■ < 2; s | 1 ��& t , � .• �2 g 2-1 '•- E\ _ O ■ �!k4 III --tie =rig 1 1! r 4 e k §\ 5, #` S |7! a --- k� I : , y . • ATT««%T5 a. ki m. rg , A} :! ic ti I!i d C ,- 1.2 0 ! ! $% `{■ 3 IEr tt.- $ a, V 7 ir I / Ilz ■f§ ! �} ;a! ,s 2 ? tif (! \ |\ _viz u ?ri / ootr t, O . _ - u! & \ 7 | , 2 _ 1 ) 2 _ • fl i ` C �k K 2 § X $ k ! C -$) ' • ( " .fr., - ' E « __ . _ !(I - 3 3 Its �� \ 22a Ftecocg s' e0 UNITED STATES O NUCLEAR REGULATORY COMMISSION `- • r WASHINGTON,O.C.2055S c- yso o s May l3, 1988 W ****t Docket No. 50-267 MAY CI.,_ r MEMORANDUM FOR: Jose A. Calvo, Director owEr;:e .t, ga Project Directorate - IV t. Division of Reactor Projects - III, IV, V and Special Projects FROM: Kenneth L. Meitner, Project Manager Project Directorate — IV Division of Reactor Projects - III, IV, V and Special Projects SUEJECT: FORTHCOMING MEETING WITH PUBLIC SERVICE COMPANY OF COLORADO TO DISCUSS FORT ST. VRAII: EMERGENCY PROCEDURES UPGRADE AND DETAILED CONTROL ROOM DESIGN REVIEW DATE & TIME: June 2, 1988 8:30 a.m. - 11:30 a.m. LOCATION: NRC Offices One White Flint North Rockville, MD Room 14 B 13 *PARTICIPANTS: NRC Utility K. Heitner M. Holmes E. Tomlinson M. Nichoff J. Kramer G. Lapinsky 0 Kenneth L. Meitner, Project Manager Project Directorate - IV Division of Reactor Projects - III, IV, V and Special Projects cc: See next page *Meetings between NRC technical staff and applicants or licensees are open for interested members of the public, petitioners, intervenors, or other parties to attend as observers pursuant to "Open Meeting Statement of NRC Staff Policy," 43 Federal Resister 28058, 6/28/78. Mr. R. 0. Williams, Jr. Public Service Company of Colorado Fort St. Vrain cc: Mr. D. W. Warembourg, Manager Albert J. Hazle, Director Nuclear Engineering Division Radiation Control Division Public Service Company Department of Health of Colorado 4210 East 11th Avenue P. 0. Box 840 Denver, Colorado 80220 Denver, Colorado 80201-0840 Mr. David Alberstein, 14/159A Mr. R. 0. Williams, Jr. , Acting Manager GA Technologies, Inc. Nuclear Production Division Post Office Box 85608 Public Service Company of Colorado San Diego, California 92138 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Mr. H. L. Bray, Manager Nuclear Licensing and Fuel Division Mr. P. F. Tomlinson, Manager Public Service Company of Colorado Quality Assurance Division P. 0. Box C40 Public Service Company of Colorado Denver, Colorado 80201-0840 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Senior Resident Inspector U.S. Nuclear Regulatory Commission Mr. R. F. Walker P. O. Box 640 Public Service Company of Colorado Platteville, Colorado 80651 Post Office Box 840 Denver, Colorado 80201-0840 Kelley, Stansfield & O'Donnell Public Service Company Building Commitment Control Program Room 900 Coordinator 550 15th Street Public Service Company of Colorado Denver, Colorado 80202 2420 W. 26th Ave. Suite 100-D Denver, Colorado 80211 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 100C Arlington, Texas 76011 Chairman, Board of County Commissioners of Weld County, Colorado Greeley, Colorado 80631 Regional Representative Radiation Progtams Environmental Protection Agency 1 Denver Place 999 18th Street, Suite 1300 Denver, Colorado 80202-2413 UNITED STATES C91Mlt �S NUCLEAR REGULATORY COMMISSION r-- OFFICE OF NUCLEAR REACTOR REGULATION , 'S,fSir WASHINGTON, D.C. 20555 g ` NAY 23 May 13, 1988 NRC INFORMATION NOTICE NO. 88-24: FAILURES OF AIR-OPERATED VALVES AFFECTING SAFETY-RELATED SYSTEMS Addressees: All holders of operating licenses or construction permits for nuclear power reactors. Purpose• This information notice is being provided to alert addressees to potential problems with air-operated valves in safety-related systems. These problems result from overpressurization failures of solenoid valves caused by the in- stallation .of solenoid valves that may not operate against the supplied air pressure. It is expected that recipients will review the information for ap- plicability to their facilities and consider actions, as appropriate, to avoid similar problems. However, suggestions contained in this information notice do not constitute NRC requirements; therefore, no specific action or written response is required. Description of Circumstances: Kewaunee: On February 8, 1988 the licensee, Wisconsin Public Service Corporation, notified the NRC in Licensee Event Report 50-305/87-12 of a potentially generic problem. During a periodic inservice timing test required by technical speci- fications, the licensee observed that one of the redundant pressurizer relief tank makeup isolation valves and one of the redundant reactor coolant drain tank discharge header isolation valves failed to close on loss of electric power to their respective 3-way solenoid valves. The isolation valves perform a containment isolation function and since their source of actuator power, the instrument air system, is not a safety-related system, they are designed to fail closed on loss of either air or electrical power. For this application, when the solenoid valve is deenergized, its internal spring moves the valve core so that the inlet port from the instrument air system is blocked. This action simultaneously opens a flow path connecting the solenoid valve outlet and exhaust ports, permitting the air pressure on the actuator diaphragm to decrease, and causing the isolation valve to close. 8805090186 IN RR-74 May 13, 1988 Page 2of4 Investigation revealed that the regulated inlet air pressure of 80 psi was forcing the solenoid valve core away from the inlet port seat; as a result the flow path to the actuator diaphragm was being maintained. This happened because the supply pressure exceeded the rating for the internal spring (70 psi). This rating is called the design maximum operating pressure differential (MOPD). After the internal spring and core assembly were replaced in the failed sole- noid valves and the supply air pressure was reduced to 60 psi, the solenoid valves and hence the containment isolation valves worked satisfactorily. The licensee inspected ratings for other solenoid valves and did find instances where the solenoid valve had an MOPD less than the supplied air pressure. In September 1987, the licensee had decided to replace a number of solenoid valves to upgrade their level of environmental qualification. For both the failed solenoid valves discussed above, the licensee found that whereas the original valves had MOPD ratings greater than the supplied air pressure, the replacement valves had MOPD ratings less than the supplied air pressure. The licensee's investigation disclosed the following data: Original solenoid valves ASCO Model No. LB83146 Catalog 26 (late 1960s vintage) General-purpose enclosure MOPD: 100 psi Replacement solenoid valves ASCO Model No. NP8314C13E Catalog 30A (1980s vintage) Watertight and explosion-proof enclosure MOPD: 70 psi According to the catalog, the letter "C" in the model number "indicates a major design change affecting spare parts kits, rebuild kits and coils." Apparently, one of the changes made by ASCO (the vendor) to the original Model No. 831413 valve, currently listed as a Model No. 8314C13 valve, involved the internal spring and core assembly and resulted in a reduced MOPD. On seeing the difference in MOPD between the original and replacement solenoid valves, the design engineer assigned the task of upgrading the environmental qualification of these valves contacted the vendor for advice on which model was a direct nuclear grade replacement for the L883146 model . The vendor recommended that model number NP8314C13E be used. The design engineer ques- tioned the vendor on the significance of the MOPD difference. The vendor responded in writing essentially that if the supply pressure exceeded the MOPD rating, the solenoid valve would not operate correctly (in the way described above). IN 88-24 May 13, 1988 Page 3 of 4 The design engineer and engineering supervisor discussed this letter and con- cluded that if the solenoid valve were exposed to 100 psi instrument air pressure when deenergized, there would be some air leakage from the inlet to the outlet ports, but some venting to atmosphere through the exhaust port would also occur. This would pressurize the control valve diaphragm, but equilibrium would occur at a pressure below that required for control valve actuation. Their conclusion was heavily influenced by their belief that the original solenoid valves were actually rated for 70 psi and had' been operating successfully for approximately 13 years. Based on this interpretation, the design review package made available to the second level reviewer did not include a reference to this correspondence with the vendor. Thus, an independent assessment of the interpretation was not performed. To see if other safety-related control valves and damper actuators could be vulnerable to the same failure, the licensee inspected all the containment isolation solenoid valves and those solenoid valves included in the list of systems and components that prevent or mitigate the consequences of postulated accidents. The licensee recorded the solenoid valve and air regulator name- plate data and the air regulator settings. For those valves with insufficient MOPD, the licensee determined the reason for the purchase and installation of incorrect solenoid valves. They also reviewed the functional operability of the instrument air regulators to provide assurance they will not fail high and thus overpressurize the solenoid valves. Calvert Cliffs Unit 2: On April 14, 1988, the licensee, Baltimore Gas and electric Company, notified the NRC in a 10 CFR 50.72 report that several safety systems were vulnerable to a single failure of the air supply pressure reou- lating system: the auxiliary feedwater system, the safety injection fill and vent system, the containment isolation system, and the steam generator blowdown isolation system. Investigation had shown that those air regulators located in a harsh environment after a postulated accident can fail in a way that applies high pressure to solenoid valves. If such solenoid valves are not rated for sufficient MOPD, then the solenoid valves will affect the correct post accident alignment of the system valves they control . To correct this problem, the licensee will expand emergency procedures to include local operation of af- fected valves and will replace the affected solenoid valves with valves rated for higher MOPD. Discussion: In many plants, the air supply systems for safety-related components are not designed as safety-related systems. Hence, safety-related components that depend on the air system are designed to assume a fail safe condition on loss of air; however, the converse condition of air overpressurization may not always be considered. Such a condition could render the affected safety-related com- ponents inoperable. IN 88-24 May 13, 1988 Page 4 of 4 Quality assurance requirements include procurement of materials, equipment, and services (10 CFR 50.34 and Appendix B). The similarity of part numbers for components with different operating characteristics illustrates how a qualified component or system can be degraded if controls over the design and procurement of replacement parts are not adequate. Other events in which air system failures have affected safety-related systems are discussed in Information Notice 87-28, "Air System Problems at U.S. Light Water Reactors," and Information Notice 87-28, Supplement 1, of the same title. The supplement notice transmitted copies of NUREG-1275, Vol. 2, "Operating Experience Feedback Report - Air Systems Problems." No specific action or written response is required by this information notice. If you have any questions about this matter please contact one of the techni- cal contacts listed below or the Regional Administrator of the appropriate regional office. are Charles E. Rossi, Director Division of Operational Events Assessment Office of Nuclear Reactor Regulation Technical Contacts: Vern Hodge, NRR (301) 492-1169 I. Villalva, Region III (312) 790-5763 R. Nelson, Region III (414) 388-3156 Attachment: List of Recently Issued NRC Information Notices Attachment IN 88-24 May 13, 1988 Page 1 of 1 LIST OF RECENTLY ISSUED MRC INFORMATION NOTICES Information Date of Notice No. Subject Issuance Issued to 88-23 Potential for Gas Bindino 5/12/88 All holders of OLs of High-Pressure Safety or CPs for PWRs. Injection Pumps During a Loss-of-Coolant Accident. 88-22 Disposal of Sludge from . 5/12/88 All holders of OLs Onsite Sewage Treatment or CPs for nuclear Facilities at Nuclear power reactors. Power Stations 88-21 Inadvertent Criticality 5/9/88 Al; holders of OLs Events at Oskarshamn or CPs for nuclear and at U.S. Nuclear power reactors. Power Plants 88-20 Unauthorized Individuals 5/5/88 All holders of OLs Manipulating Controls and or CPs for nuclear Performing Control Room power, test and Activities research reactors, and all licensed operators. 88-19 Questionable Certification 4/26/88 All holders of OLs of Class 1E Components or CPs for nuclear power reactors. 88-18 Malfunction of Lockbox on 4/25/88 All NRC licensees Radiography Device authorized to manufacture, distribute, and/or operate radio- graphic exposure devices. 88-17 Summary of Responses to NRC 4/22/88 All holders of OLs Bulletin 87-01, "Thinning of or CPs for nuclear Pipe Walls in Nuclear Power power reactors. Plants" OL = Operating License CP = Construction Permit UNITED STATES 1 rf' ^ NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR REACTOR REGULATION '2 3 WASHINGTON, D.C. 20555 � ;1 May 16, 1988 GREE NRC INFORMATION NOTICE NO. 88-25: MINIMUM EDGE DISTANCE FOR EXPANSION ANCHOR BOLTS Addressees: All holders of operating licenses or construction permits for nuclear power reactors. Purpose: This information notice is being provided to alert addressees to test results indicating that the recommended minimum edge distance for the design and instal- lation of expansion anchor bolts may be unconservative with respect to effectively resisting the shear forces imposed on anchor bolts during a design-basis event such as a safe-shutdown earthquake. It is expected that recipients will review the information for applicability to their facilities and consider actions, as appropriate, to avoid similar problems. However, suggestions contained in this information notice do not constitute NRC requirements; therefore, no specific action or written response is required. Description of Circumstances: On March 18, 1988, Hilti , Inc. , informed the Nuclear Regulatory Commission (NRC) , in accordance with 10 CFR Part 21, of recent tests of Hilti Kwik-Bolts that indi- cate that the previously recommended minimum distance from an anchor bolt to an unsupported concrete edge may be insufficient to develop 100% of the recommended anchor capacity. In view of the foregoing, the NRC staff met with representatives of Hilti, Inc. (Hilti) to discuss the notification. During the meeting, the NRC staff was informed that prior to November 1985, the edge-distance guidelines provided by Hilti for the installation of Hilti Kwik- Bolts were those of the Expansion Anchor Manufacturers Institute (EAMI). The EAMI guidelines are used throughout the United States and recommend an edge distance, the distance from the center of an expansion anchor bolt to an un- supported edge of a concrete support, of five anchor diameters to achieve 100% of the recommended anchor capacity. In November 1985, Hilti revised its design and installation guidelines and recommended a greater edge distance than the EAMI guidelines. These conservative guidelines were adopted based on infor- mation and broader technical knowledge and experience gained as a result of marketing Hilti bolts to foreign customers. Consequently, Hilti initiated a testing program in 1986 to support their revised edge-distance guidelines. 8805100246 IN 88-25 May 16, 1988 Page 2 of 3 The 10 CFR Part 21 notification documents the results of this testing program and indicates that Hilti Kwik-Bolts installed in accordance with the EAMI guide- lines have only 30% of the recommended anchor shear capacity and 78% of the recommended tensile capacity. Hilti further indicated that the test results are believed to be applicable to other expansion anchor bolts that use the same , type of anchor mechanism as Hilti Kwik-Bolts. Discussion: The NRC staff considers the test results indicating a 70% reduction in shear capacity to be significant and to indicate that there is a potential safety concern that will require further NRC review. However, the test results do not indicate an imminent safety concern for expansion anchor bolts installed in nuclear power facilities for the reasons given below. (1) The purpose of the Hilti edge-distance test program was to establish design recommendations for the resistance capacity of a single bolt as a function of edge distance. The test anchorage consisted of only one bolt anchored to a concrete block that was not reinforced. Equip- ment or system anchorage arrangements at nuclear power facilities usually use more than one anchor bolt and a steel bearing plate or base assembly. Installation pretensioning torque loads applied to the anchor bolt nuts create compressive loads and frictional resistance forces between the bearing plate and the concrete that tend to make the anchorage and con- crete support act as -a-single unit and mitigate the severity of the single bolt edge-distance problem. If the frictional resistance forces between the concrete support and the bearing plate are reduced due to the creep of concrete and the relaxation of anchor bolts, the bearing plate can still redistribute the additional shear forces, which cannot be resisted by the edge bolts with reduced capacity, to other bolts that have no capacity reduction due to the edge-distance problems. (2) The test results are an acceptable basis for establishing design recommen- dations; however, they should be viewed as conservative for the installation of bolts. The presence of steel reinforcement between the bolt and an un- supported concrete edge should increase the bolt shear capacity, depending on the amount of reinforcement and the type of placement, and also mitigate the consequences of the edge-distance problem. This is particularly true for large diameter expansion bolts (greater than 3/4-inch bolts). Based on the NRC staff assessment of the information that has been provided since the submittal of the 10 CFR Part 21 notification, it appears that I) most anchor bolts in nuclear power facilities were installed using the EAMI recom- mended guidelines and 2) the potential failure of these bolts to perform their intended function during a design-basis event, such as a seismic event, could jeopardize the integrity of safety-related systems and equipment. Therefore, the NRC will continue to evaluate this issue and take appropriate regulatory action if it is determined that a significant safety hazard exists at nuclear power facilities. However, addressees may wish to review the information and consider appropriate actions if this information indicates that a significant safety hazard exists at their facility. IN 88-25 May 16, 1988. Page 3 of 3 No specific action or written response is required by this information notice. If you have any questions about this matter, please contact one of the techni- cal contacts listed below or the Regional Administrator of the appropriate regional office. harles E. , Dire Ro Rossi, Division of Operational Events Assessment Office of Nuclear Reactor Regulation • Technical Contacts: John Ma, NRR • (301) 492-1376 Jaime Guillen, NRR (301) 492-1153 Attachment: list of Recently Issued NRC Information Notices Attachment IN 88-25 May 16. 1988 LIST OF RECENTLY ISSUED NRC INFORMATION NOTICES Information Date of— Notice NO. Subject Issuance Issued to 88-24 Failures of Air-Operated 5/13/88 All holders of OLs Valves Affecting Safety- or CPs for nuclear • Related Systems power reactors. 88-23 Potential for bas Binding 5/12/88 All holders of OLs of High-Pressure Safety or CPs for PNRs. Injection Pumps During a Loss-of-Coolant Accident 88-22 Disposal of Sludge from 5/12/88 All holders of Ots unite Sewage Treatment or CPs for nuclear Facilities at Nuclear power reactors. Power Stations 88-21 Inadvertent Criticality 5/9/88 A17 holders of CLs Events at Oskarshamn or CPs for nuclear end at U.S. Nuclear power reactors. Power Plants 88-20 Unauthorized Individuals 5/5/88 Ml holders of OLs Manipulating Controls and or CPs for nuclear Performing Control Room power, test and Activities research reactors. and all licensed operators. 88-19 Duestionable Certification 4/26/88 All holders of OLs of Class lE Components or CPS for nuclear power reactors. 88-18 Malfunction of Lockbox on 4/25/88 All NRC licensees Radiography Device authorized to manufacture, distribute. and/or operate radio- graphic exposure devices. OL - Operating License CP - Construction Permit S UNITED STATES FNaraAUMuG NUCLEAR REGULATORY COMMISSION POSTAGE NRS PAID WASHINGTON, D.C. 20555 *WM PERMIT No.447 OFFICIAL BUSINESS PENALTY FOR PRIVATE USE, $300 • COUb3c0063is N7Y OF 2 BO OF COUN7y1O ZCOICYIFBIIRI POABOXa7 COMMISSIONERS CREELEy758 CO 80632 4 Y UNITED STATES NUCLEAR REGULATORY COMMISSION 57i* OFFICE OF NUCLEAR REACTOR REGULATION ; T ; A WASHINGTON, DC 20555 NiAY 2 i May 16, 1988 NRC INFORMATION NOTICE NO. 88-26: FALSIFIED PRE-EMPLOYMENTkCREENING RECORDS Addressees: All holders of operating licenses or construction permits for nuclear power reactors and all major fuel facility licensees. Purpose: This information notice is being provided to alert addressees to the falsifi- cation of pre-employment screening records at nuclear facilities. It is expected that recipients will review the information for applicability to their facilities and consider actions, as appropriate, to avoid similar problems. However, suggestions contained in this information notice do not constitute NRC requirements; therefore, no specific action or written response is required. Description of Circumstances: In 1984, individuals working for a contractor at the Surry Nuclear Plant alleged that the contractor had encouraged them to provide false information on employ- ment applications concerning their length of service in order to avoid the background checks that are needed to satisfy security screening requirements. The Nuclear Regulatory Commission's (NRC) Office of Investigations conducted an investigation of the activities of Powerplant Specialists, Inc. (PSI) , Costa Mesa, California, who in a joint venture with Southwestern Engineering Company, Los Angeles, California, was modifying moisture separator reheater internals at both the North Anna Power Station and the Surry Nuclear Plant. This investigation showed that in order to obtain unescorted access for its employees, PSI provided false certifications and supporting documentation, such as backdated employment applications and W-4 Federal tax forms, to show at least three years prior employment with PSI. The false certifications would have led to exemption of these individuals from the screening requirements of the licensee's NRC-approved physical security plan implemented in accordance with 10 CFR 50.34(c). Discussion: The NRC has issued IE Circular No. 78-17, "Inadequate Guard Training/ Qualification and Falsified Training Records," dated October 13, 1978; IE Information Notice No. 82-07, "Inadequate Security Screening Programs," dated 8805100369 IN 88-26 May 16, 1988 Page 2 of 2 March 16, 1982; IE Information Notice No. 83-15, "Falsified Pre-Employment Screening Records," dated March 23, 1983; and NRC Information Notice 87-64, "Conviction for Falsification of Security Training Records" dated December 22, 1987. These documents alerted licensees to the possibility that contractors might submit falsified security records to meet licensee commitments to the NRC. This information notice is intended to alert licensees to the potential prob- lems associated with falsified employment records and the attendant risk to site security. Audits reouired by 10 CFR 73.55(g) and associated security plan commitments are intended to provide assurance that records are accurate and complete. Licensees currently employing PSI or similar contractors who will conduct the pre-employment screening should be aware of the potential for record falsification and the need for appropriate audits. Licensees are also encouraged to notify the NRC of any instances of the use of falsified screening records they may discover. No specific action or written response is required by this information notice. If you have any questions about this matter, please contact the technical contact listed below or the Regional Administrator of the appropriate regional office. Charles E. Rossi, Director Division of Operational Events Assessment Office of Nuclear Reactor Regulation Technical Contact: Dick Rosano, Office of Enforcement (301) 492-0740 Attachment: List of Recently Issued NRC Information Notices Attachment IN-88-25 May 16, 1988 Page 1 of 1 LIST OF RECENTLY ISSUED NRC INFORMATION NOTICES Information Date of Notice No. Subject Issuance Issued to 88-25 Minimum Edge Distance for 5/16/88 All holders of OLs Expansion Anchor Bolts or CPs for nuclear power reactors. 88-24 Failures of Air-Operated 5/13/88 All holders of OLs Valves Affecting Safety- or CPs for nuclear Related Systems power reactors. 88-23 Potential for Gas Binding 5/12/88 All holders of OLs of High-Pressure Safety or CPs for. PWRs. Injection Pumps During a Loss-of-Coolant Accident 88-22 Disposal of Sludge from 5/12/88 All holders of OLs Onsite Sewage Treatment or CPs for nuclear Facilities at Nuclear power reactors. Power Stations 88-21 Inadvertent Criticality 5/9/88 All holders of OLs Events at Oskarshamn or CPs for nuclear and at U.S. Nuclear power reactors. Power Plants 88-20 Unauthorized Individuals 5/5/88 All holders of OLs Manipulating Controls and or CPs for nuclear Performing Control Room power, test and Activities research reactors, and all licensed operators. 88-19 Questionable Certification 4/26/88 All holders of OLs of Class 1E Components or CPs for nuclear power reactors. 88-18 Malfunction of Lockbox on 4/25/88 All NRC licensees Radiography Device authorized to manufacture, distribute, and/or operate radio- graphic exposure devices. OL = Operating License CP = Construction Permit UNITED STATES MST a SS MAIL NUCLEAR REGULATORY COMMISSION ►O STCL SSESPNo WASHINGTON, D.C. 20555 USNRC PERMIT No.G47 OFFICIAL BUSINESS PENALTY FOR PRIVATE USE, $300 280632006315 1 1C01CY1FB11S1 COUNTY OF WELD BD OF COU!:TY COMMISSIONEP.S CHAIRMAN PC BOX 758 GREELEY CO 80632 ((!II H )� r UNITED STATES NUCLEAR REGULATORY COMMISSION MAY 2 3 1988 OFFICE OF NUCLEAR REACTOR REGULATION WASHINGTON, D.C. 20555 May 18, 1988 NRC INFORMATION NOTICE NO. 88-27: DEFICIENT ELECTRICAL TERMINATIONS IDENTIFIED IN SAFETY-RELATED COMPONENTS Addressees: All holders of operating licenses or construction permits for nuclear power reactors. Purpose: This information notice is being provided to alert addressees of deficiencies • identified in electrical terminations in safety-related components. It is ex- pected that recipients will review the information for applicability to their facilities and consider actions, as appropriate, to avoid similar problems. However, suggestions contained in this information notice do not constitute NRC requirements; therefore, no specific action or written response is required. Description of Circumstances: The Nuclear Regulatory Commission (NRC) has been notified of several recently identified deficiencies in electrical terminations in safety-related components that, if they had remained uncorrected, would have jeopardized the ability of these components to perform their intended safety function. - These deficiencies were identified at River Bend Station, Unit 1; Shoreham Nuclear Power Station; Vermont Yankee Nuclear Power Station; and Oyster Creek, Unit 1. River Bend Station, Unit 1 On January 19, 1988, the Gulf States Utility Company (GSU) submitted a notifica- tion to the NRC, pursuant to 10 CFR Part 21, regarding oversized motor operator termination lugs in three main steam shutoff valves and two feedwater isolation valves. GSU reported that during functional testing of a main steam shutoff valve on December 7, 1987, the valve motor operator experienced a high current surge, which tripped its motor overload heater and prevented the valve from fully closing. During GSU's investigation, two motor leads were found burned and separated from the lugs. A third lug was easily pulled from the motor lead by GSU personnelrfter they removed the heat shrink insulation. The lugs were found to be oversized for the motor-lead conductors. In addition, during mainte- nance on a feedwater isolation valve, a lug on one motor lead was found to be 8805120108 IN 88-27 May 18, 1988 Page 2 of 5 oversized for the conductor and not crimped. These lugs were manufactured by Thomas & Betts. They were marked "TAB Navy 23-30 E-6" and were sized for use with a #5-#6 AWC conductor. The actual motor leads were #10 AWG stranded conductors. Further investigation by GSU personnel found that both valves used Limitorque SMB-4 motor operators with terminal blocks that had one-quarter-inch diameter terminal screws. The lugs were the correct size for the one-quarter-inch screw, but not for the conductor. All SMB-4 operators used in safety-related applica- tions were inspected by the licensee to determine lug size. Ten SMB-4 operators were inspected, and five were found with oversized lugs that were deemed unre- liable by the licensee, although they passed their surveillance requirements. GSU personnel replaced the defective lugs with correctly sized lugs. GSU is also revising its procedures for inspecting Limitorque motor operators when they are received to include inspection of lug size on the motor leads to prevent re- currence of this condition, since the defective wire lugs were contained in valve operators supplied by the Limitorque Corporation during the construction of River Bend Station. In a separate 10 CFR Part 21 notification dated December 23, 1987, GSU reported that several defective terminations were identified in electrical heater panels supplied by NUTHERM International , Inc. The defective wire terminations were in heater panel circuits of the fuel storage building engineered safety feature charcoal filters. The deficiency involved improper stripping of conductors that resulted in insulation under the termination lugs. This insulation inhibited a 1 good connection and jeopardized the ability of the filters to perform their function. GSU reported that it had notified NUTHERM International of the defect. Shoreham Nuclear Power Station On October 19, 1987, the Long Island Lighting Company (LILCO) submitted a notification to the NRC pursuant to 10 CFR Part 21 regarding inadequately crimped termination lugs discovered at the Shoreham Nuclear Power Station. The subject lugs, which were manufactured by AMP Special Industries, were installed in control wiring in 4160-volt switchgear equipment manufactured by the General Electric Company (GE). The licensee discovered that many of the GF-installed termination lugs were inadequately crimped to the control wires and, in some cases, the lugs could be removed by hand. When LILCO personnel inspected these lugs in equipment supplied by GE, they found that of approximately 1400 lugs installed by GE, 42% had to be replaced. GE determined that its personnel had deviated from the crimp process described in their installation procedures during the manufacture of the equipment. There- fore, the insulation around the control wires was not properly stripped before being inserted into the AMP lugs and an AMP crimper was not used as required. GE also determined that this problem was limited to equipment supplied to IN 88-27 May 18, 1988 Page 3 of 5 Shoreham and Salem. GE stated that it had notified both facilities of the problem and that its personnel had been requaTified on the proper crimping procedures to preclude any further similar incidents. Vermont Yankee Nuclear Power Station On September 2.8, 1987, Vermont Yankee Nuclear Power Station (Vermont Yankee) personnel were conducting pre-startup operability tests on the residual heat removal (RHR) pumps and core spray pumps. During the operability tests, the "B" RHR pump motor experienced severe arcing problems and was cuickly secured, preventing damage to the motor windings. Vermont Yankee personnel investigated the problem and found that the arcing resulted from a failed AMP motor lead to power lead termination lug. Motor lead and power lead termination lugs were subsequently inspected on three other RHR pumps and core spray pumps fitted with AMP lugs. Termination lugs manu- factured by Thomas & Betts (T&B) that are used on RHR service water pumps and station service water pumps also were inspected. These inspections identified evidence of cracking of varying severity on seven AMP motor lead termination lugs; however, no cracks were found on power lead terminations. Little or no cracking was identified on terminations manufactured by T&8. The AMP motor lead termination Tugs were of the ring tongue type, #2 AWG, model #35184, manufactured by AMP Special Industries. The terminations were supplied in conjunction with the motors by GE. Several of the cracked lugs were discovered by direct visual inspection, while the remainder were identified using l0X magnification and/or dye penetrant testing. During inspection of the lugs, it appeared that the manufacturer's stamping on the throat of the lug contributed to the observed cracking because a shallow "AMP" die stamp was found at the throat section of the lug. A stamp (a numeral 1, 2, or 3) on the opposite side of the throat, believed to be a phase indication, was also suspected of being a contributor. The cracking identified on these lugs was ultimately attributed to excessive bending during maintenance activities, with the manufacturer's stamping providing pre-stressed flaws for crack initiation and propagation. The small cramped work space inside the motor terminal housings, coupled with the rigidity of the required Raychem splices, contributed to fatiguing the lugs during maintenance activities. Oyster Creek, Unit 1 GPU Nuclear Corporation (GPUNC) submitted Licensee Event Report (LER) 219-87-011, Revision 1, to the NRC on May 4, 1987, regarding deficient electrical terminations at Oyster Creek, Unit 1. GPUNC reported that on February 10, 1987, an electrical technician who was verifying proper wiring connections inadvertently moved a wiring harness in a control room panel . This movement disconnected the "A" feedwater flow rate signal wire and Initiated a sequence of events that resulted in a I IN 88-27 May 18, 1988 Page 4 of 5 turbine trip and an anticipatory scram. On February 26, 1987, an electrical technician, performing an inspection of wire terminations in response to the previous event, disturbed a wire that caused the automatic closure of the main steam isolation valves. The GPUNC investigation determined that the cause of the first event was in- sufficient procedural controls over wire termination practices. The wire terminations used in the control room panel were compression-type terminations, which capture wires under a metal plate compressed by a screw, rather than lug-type terminations. GPUNC personnel found that different size wires were used in the same termination and that sometimes the plate in the compression terminations was removed when wires were too large to fit under the plate. The GPUNC investigation also found terminations with cracked or broken pressure plates, as well as wires that were unlabeled, unterminated, and uninsulated. Furthermore, GPUNC personnel discovered that.when new cables were pulled to support modification work, existing wire terminations were stressed by the new wires that lay on top of the original wiring. The second event was attributed to faulty wire installation, either during plant construction or during subsequent maintenance. Inspection of the wire termination showed that the screw used to fasten the wire was loose. Movement of this wire caused four relays to deenergize, resulting in automatic closure of the main steam isolation valves. GPUNC personnel identified and corrected a total of 123 deficient terminations, both compression-type and lug-type. GPUNC has revised its Installation Speci- fications for wire terminations and Quality Assurance Procedures for inspecting wire terminations to ensure and verify proper electrical terminations. These revisions will ensure that an adequate structural integrity of the termination exists, require that a post-modification and maintenance tug test be performed, and eliminate the practice of terminating two wires with significant gauge differences in compression-type terminations unless it is endorsed by the termination manufacturer. In addition, GPUNC indicated that it was in the process of identifying those terminations that are frequently accessed for surveillance and maintenance purposes and will install test connections to minimize movement and stress on the terminations. Discussion: These examples emphasize the need to carefully monitor the receipt, instal- lation, and maintenance of safety-related components with respect to their cable or wire terminations. Licensees may wish to review their current receipt, installation, and maintenance procedures to assure that proper duality controls and measures exist to preclude such events as those discussed above. IN 88-27 May 18, 1988 Page 5 of 5 No specific action or written response is required by this information notice. If you have any questions about this matter, please contact one of the technical contacts listed below or the Regional Administrator of the appropriate regional office. Charles E. Rossi, Director Division of Operational Events Assessment Office of Nuclear Reactor Regulation Technical Contacts: Jaime Guillen, NRP • (301) 492-1153 • Carl S. Schulten, NRR (301) 492-1192 Attachment: List of Recently Issued NEC Information Notices Attachment IN 88-27 May 18, 1988 Page 1 of 1 LIST OF RECENTLY ISSUED NRC INFORMATION NOTICES Information Date of Notice No. Subject Issuance Issued to 85-35, Failure of Air Check 5/17/88 All holders of 0Ls Supplement 1 Valves to Seat or CPs for nuclear power reactors. 88-26 Falsified Pre-Employment 5/16/88 All holders of OLs Screening Records or CPs for nuclear power reactors and all major fuel facility licensees. 88-25 Minimum Edge Distance for 5/16/88 All holders of OLs Expansion Anchor Bolts or CPs for nuclear power reactors. 88-24 Failures of Air-Operated 5/13/88 All holders of OLs Valves Affecting Safety- or CPs for nuclear Related Systems power reactors. 86-23 Potential for Gas Binding 5/12/PP All holders of OLs of High-Pressure Safety or CPs for PWRs. Injection Pumps During a Loss-of-Coolant Accident 88-22 Disposal of Sludge from 5/12/88 All holders of Ol.s Onsite Sewage Treatment or CPs for nuclear Facilities at Nuclear power reactors. Power Stations 88-21 Inadvertent Criticality 5/9/88 All holders of OLs Events at Oskarshamn or CPs for nuclear and at U.S. Nuclear power reactors. Power Plants 88-20 Unauthorized Individuals 5/5/88 A11 holders of OLs Manipulating Controls and or CPs for nuclear Performing Control Room power, test and Activities research reactors, and all licensed operators. OL = Operating License CP = Construction Permit ittritri UNITED STATES MAY 231988$ 1 NUCLEAR REGULATORY COMMISSION 1988 OFFICE OF NUCLEAR REACTOR REGULATION ' A WASHINGTON, D.C. 20555 epart May 19, 1988 NRC INFORMATION NOTICE NO. 88-28: POTENTIAL FOR LOSS OF POST-LOCA RECIRCULATION CAPABILITY DUE TO INSULATION DEBRIS BLOCKAGE Addressees: 411 holders of operating licenses or construction permits for nuclear power reactors. Purpose: This information notice is being provided to alert addressees to. potential prob- lems regarding debris that could block containment emergency sump screens in a pressurized water reactor (PWR) or debris that could block emergency core spray pump or residual heat removal pump strainers in a boiling water reactor (BWR). It is expected that recipients will review the information for applicability to their facilities and consider actions, as appropriate, to avoid similar problems. However, suggestions contained in this information notice do not constitute NRC requirements; therefore, no specific action or written response is required. Description of Circumstances: On March 14, 1988, Pennsylvania Power & Light (the licensee for Susquehanna) notified the U.S. Nuclear Regulatory Commission of a 10 CFR Part 21 reportable item concerning deterioration of drywell insulation and the potential for the aluminum foil coating of the insulation to block emergency core cooling system (ECCS) strainers during a loss-of-coolant accident (LOCA). While the unit was in a refueling outage, the licensee inspected the Susquehanna Unit 2 drywell . The licensee observed extensive delamination of the aluminum foil coating on the surface of the fiberglass insulation used on valve bodies and pipe hangers and in other areas that are awkward or difficult to insulate. The aluminum foil covering is 1-mil thick and is bonded to the outer covering of Alpha Maritex fiberglass cloth (style #2025/9480 HT) that is used as a covering for Temp-Mat insulation. An upper-bound estimate is that 5000 square feet of this insulation is used in more than 300 different locations within the drywell. The licensee estimates that 50 percent of the insulation has undergone some de- gradation. This is the first time the licensee has observed degradation to this extent, although some degradation had been noticed earlier. A different insu- lation material is used at Susquehanna Unit 1, and no insulation delamination has been observed at that unit. Alpha Associates, Inc. supplied the insulation 8805130108 IN 88-28 May 19, 1988 Page 2 of 3 to the licensee through Bechtel . However, representatives of Alpha Associates, Inc., have indicated that other companies supply the same or similar insulation and that its use may be widespread. After the event at Susquehanna Unit 2, the licensee for Millstone Unit 1 reported, that in a worst-case scenario, the net positive suction head margin for ECCS pumps could be compromised because of suction strainer blockage resulting from LOCA-generated insulation debris. At Millstone Unit 1, Temp-Mat insulation is used without a foil facing. In this case, the concern was that the fiberglass cloth covering would be freed during a LOCA and migrate to the ECCS pump suction strainers. The licensee is evaluating the feasibility of replacing the existing strainers with strainers that have a larger area as a possible solution of the problem of transported insulation. Discussion: In PWRs the containment emergency sumps provide for the collection of reactor coolant and chemically reactive spray solutions following a LOCA, thus serving as water sources to effect long-term recirculation for residual heat removal and containment atmosphere cleanup. In a BWR, the suppression pool serves as the water source for effecting long-term recirculation cooling. Debris, transported as a result of an event, can block sump debris interceptors and sump outlets,. resulting in degradation or loss_of_recirculation flow margin. At Susquehanna, the ECCS core spray pump suction screen has a cross-sectional area of 18.3 square feet, while each residual heat removal pump suction screen has a cross-sectional area of 43.8 square-ft. In comparison, the insulation covering that could block recirculation flow covers an area of several thousand square feet. However, the potential effect of insulation on sump performance is plant specific. Thus, plant insulation surveys, methods for estimating debris generation and transport, debris transport experiments, and other information have shown that the effects of debris-blockage depend on the types and quantities of insulation used, the primary system layout within the containment, and post- LOCA recirculation flow rates. The staff addressed similar concerns in resolving Unresolved Safety Issue A-43, "Containment Emergency Sump Performance." In parti- cular, the staff's technical findings concluded that a single generic solution is not possible, but rather that the effects of debris blockage are governed by plant-specific design features and post-LOCA recirculation flow requirements. The NRC staff has investigated the buoyancy, transport, and headloss character- istics of reflective metallic insulation and construction materials and the results are summarized in NURE6/CR-3616, "Transport and Screen Blockage Charac- teristics of Reflective Metallic Insulation Materials." Briefly, the tests showed that thin metallic foils could be transported at low flow velocities and that flow blockage could occur at the lower portion of the screen. • IN 88-28 May 19, 1988 Page 3 of 3 Although the exact cause of the degradation of the foil covering on the insu- lation at Susquehanna is not known, the causes may include temperature, humidity, and the effects of radiation on the neoprene-type adhesive used in the bonding process. No specific action or written response is required by this information notice. If you have any questions about this matter, please contact the technical con- tact listed below or the Regional Administrator of the appropriate regional office. Charles E. Rossi, Director Division of Operational Events Assessment Office of Nuclear Reactor Regulation Technical Contact: L. Zerr, NRR (301) 492-1177 Attachment: List of Recently Issued NRC Information Notices Attachamnt TN 86-AS may 19, 1988 Page 1 of 1 • LIST OF RECENTLY ISSUED NRC INFORMATION NOTICES Information oat. of notice Ro, Subject Issuance Iffued to 8P.-27 Deficient Electrical 5/18/88 All holders of Ot.s Terminations Identified or CPf for nuclear in Safety-Related Poe reactors- Components 85-35, Failure of Air Check 5/17/88 All holder, .s CL. Supplement 1 Valves to Seat or CPs for nuclear • power reactors. 88-26 Falsified Pre-Employment 5/16/88 MT holders of Ots Screening Records or CPs for nuclear power matters and 417 'tsar foT facility licensees. 88-25 Minimum Edge Distance for 5/16/88 All holders of 0Ls Expansion Andior Bolts or CPs for nuclear power reactors. 88-2A Failures of Air-Operated 5/13/68 All holders of 0Ls Valves Affecting Safety- or CPs for nuclear Related Systems power reactors. PP-73 Potential for Ws Ending 5/12/88.,_. All holders of OLs of Nigh-Pressure Safety or CPS for PNRs. . injection Pups During a Loss-of-Coolant Accident 98-22 Disposal of Sludge from 5/12/88 All holders of Cu Onsite Sewage Treatment or CPs for nuclear • Facilities at Nuclear power reactors. Power Stations 88-21 Inadvertent Criticality 5/9/88 All holders of Cts Events at OSkarshamn or CPS for nuclear and at.0.S. Nuclear - -_�___ F0MLr.ae•rn.e� -- -- _,-_— Power Plants OL - Operating License CP • Construction Permit UNITED STATES PIM CLASS MAIL NUCLEAR REGULATORY COMMISSION POSTACE b KIS PAID WASHINGTON, D.C. 20555 UMW imam No.O47 OFFICIAL BUSINESS PENALTY FOR PRIVATE USE, 6300 280632006325 COUNTY 0- Is 2 IC0ICY1FgIIS_, CHAiRMANUNTY C0MZSSI0NERS SRBOX758 E Y CO 80632 x UNITED STATES MOT ont NUCLEAR REGULATORY COMMISSION ^'0 " t jL OFFICE OF NUCLEAR REACTOR REGULATION .r �`f �- WASHINGTON, D.C. 20555 a MAY2 3Iggg f May 17, 1988 t NRC INFORMATION NOTICE NO. 85-35, SUPPLEMENT 1: FAILURE OF AIR CHECK VALVES TO SEAT Addressees: All holders of operating licenses or construction permits for nuclear power reactors. Purpose: This information notice is being provided to alert addressees to potential problems resulting from failures in instrument air system check valves in- tended to isolate safety-related air accumulators under accident conditions. It is expected that recipients will review the information for applicability to their facilities and consider actions, as appropriate, to avoid similar problems. However, suggestions contained in this information notice do not constitute NRC requirements; therefore, no specific action or written response is required. Description of Circumstances: In December 1985 the NRC staff conducted a safety systems outage modification inspection (SSOMI) at Fort Calhoun Station, Unit 1. As a result of the esca- lated enforcement action following the SSOMI, the licensee committed to test air check valves associated with the safety-related air accumulators that pro- vide air for various control valves and instruments on loss of the instrument air system. On April 15, 1988, as a result of check valve testing, the licensee found excessive leakage past four accumulator check valves in the air bubbler instrumentation used for initiation of the recirculation actuation signal (RAS). The valves had not been previously tested or included in the plant surveillance program. The licensee found that the check valves were not designed for air service and replaced them with soft-seat, spring-loaded valves. Discussion: At Fort Calhoun the level in the safety injection and refueling water tank (SIRWT) is determined from the pressure in six air bubbler lines that extend to the bottom of the SIRWT. Two of the lines provide control room indication of level along with high/low level alarms. Four of the lines are used in two- out-of-four logic circuitry to provide input into the recirculation actuation signal . This signal provides automatic emergency core cooling system (ECCS) pump suction switchover from the SIRWT to the sump on low SIRWT level . The instrument air system supplying all air bubbler lines is not safety-related, seismically qualified or supplied with vital power. 8805110156 7n IN 85-35, Supplement 1 May 17, 1988 Page 2 of 2 The four lines that provide for automatic ECCS switchover are provided with safety-related accumulators designed to maintain air pressure following design-basis events for which instrument air is assumed to be lost. Check valves separate each of the four accumulators from the instrument air system. Failure of these check valves would cause the accumulators to fully or partially discharge through the instrument air system if instrument air pressure was lost. Loss of accumulator air could cause a premature switchover of the ECCS and con- tainment spray pumps following a loss-of-coolant accident. If premature switch- over occurred, the containment sump might be dry or might have an inadequate water level to provide net positive suction pressure to the pumps during a design basis event. This could lead to damage of the pumps and their subsequent unavailability. The RAS initiation also secures the low pressure injection pumps and isolates the miniflow recirculation lines for the SI pumps back to the SIRWT. In addition, control room indication of SIRWT level would not be available if the instrument air pressure were lost since these bubblers do not have air accuR,iators. Although the specific event described here occurred on a pressurized water reactor, failure of air check valves to seat when required to ensure availability of air from safety-related accumulators could be a problem on any type reactor. No specific action or written response is required by this information notice. If you have any questions about this matter, please contact the technical con- tact listed below-or-the Regional--Administrator air-the app-ropriate regional office. Charles E. Rossi, Director Division of Operational Events Assessment Office of Nuclear Reactor Regulation Technical Contact: John Thompson, NRR (301) 492-1175 • Attachment: List of Recently Issued NRC Information Notices Attachment :N 85-35, Supplement I May 17, 1988 Page 1 of 1 LIST OF RECENTLY ISSUED NRC INFORMATION NOTICES Information Date of Notice No. Subject Issuance :slued to 88-26 Falsified Pre-Employment 5/16/88 All holders of OLs Screening Records or CPs for nuclear power reactors and • all major fuel facility licensees. 88-25 Minimum Edge Distance for 5/16/88 All holders of OLs Expansion Anchor Bolts or CPs for nuclear power reactors. 88-24 Failures of Air-Operated 5/13/88 All holders of OLs Valves Affecting Safety- or CPs for nuclear Related Systems power reactors. 88-23 Potential for Gas Binding 5/12/88 All holders of OLs of High-Pressure Safety or CPs for PWRs. Injection Pumps During a Loss.-of-.Coolant•Accident 88-22 Disposal of Sludge from 5/12/88 All holders of OLs Onsite Sewage Treatment or CPs for nuclear Facilities at Nuclear power reactors. Power Stations 88-21 Inadvertent Criticality 5/9/88 All holders of OLs Events at Oskarshamn or CPs for nuclear and at U.S. Nuclear power reactors. Power Plants 88-20 Unauthorized Individuals 5/5/88 All holders of OLs Manipulating Controls and or CPs for nuclear Performing Control Room power, test and Activities research reactors, and all licensed operators. 88-19 Questionable Certification 4/26/88 All holders of OLs of Class 1E Components or CPs for nuclear power reactors. OL = Operating License CP = Construction Permit • UNITED STATES RRST GLASS MAIL NUCLEAR REGULATORY COMMISSION POSTAGE b FEES PAID WASHINGTON, D.C. 20555 USNRC ►ERMIT No.Gil OFFICIAL BUSINESS PENALTY FOR PRIVATE USE, $300 280632006315 1 1COICY1FB11A1 COUNTY OF WELD BD OF COUNTY COMMISSIONERS CHAIRMAN PG BOX 758 GREELEY CO 80632 • DISTRICT COURT, WELD COUNTY, COLORADO Case No. 87 CV 790 ORDER: REVIEW OF AGENCY ACTION WILLIAM L. CROSIER, pt5�\\. COURT Plaintiff-Appellant MA1 ,9 gg vs. WELD COUNTY BOARD OF EQUALIZATION Defendant-Appellee. It appearing that Plaintiff-Appellant has filed a Complaint for judicial review of agency action pursuant to C.R.S. 24-4-106, IT IS ORDERED that: 1) The Plaintiff-Appellant, within thirty (30) days of the date of this Order, shall obtain from the Defendant-Agency a written estimate of the cost of preparing the record on review, shall deposit the esti- mated fee with the registry of the Court, and shall notify the Defendant-Agency of the fact of the deposit. 2) Upon receipt of notice from Plaintiff-Appellant that the estimated costs have been deposited with the registry of the Court, the Agency shall within sixty (60) days thereof prepare and complete the record on review. 3) Upon completion of the record on review, the Defendant-Agency shall file it with the Court and notify the Plaintiff-Appellant in writing of this fact. 4) Plaintiff-Appellant' s opening brief shall be filed and served upon • the Defendant-Agency within twenty (20) days of the date of the notice of completion of the record on review. Defendant-Agency' s answer shall be filed and served upon Plaintiff-Appellant within • twenty (20) days after such service. 5) Extensions of the above deadlines may be granted by the Court only • upon written motion and for good cause. Failure of either party to meet any deadline will result in a judgment adverse to the non- • conniving party. 6) Within sixty (60) days of the filing of the record on review with the District Court, the parties shall apply to the clerk of the division to which the case has been assigned to set the matter for oral argument. Failure to so apply will be deemed a waiver of oral argument by the Court. Done in chambers this iW day of May , 1988 BY TEE COURT: J DISTRICT COURT, WELD COUNTY, COLORADO -- -- Case No. 87 CV 790; Division II ORDER R_ _m WILLIAM L. CROSIER, Plaintiff/Appellant, vs. WELD COUNTY BOARD OF EQUALIZATION, Defendant/Appellee. Upon Motion of plaintiff and consent of defendant and good cause appearing it is, ORDERED that the Weld County Board of Equalization prepare and submit to this Court a complete record of the proceedings herein including original or certified copies of the following: all pleadings, applications, evidence, exhibits and other papers presented to or considered by the agency, rulings upon exceptions, and the decision, findings and actions of the agency. SO ORDERED this day of or_^.. C ..__a,>, 1988. BY TH COQ _ URT: Di _ _eft-ate DEPARTMENT OF PLANNING SERVICES Cases Approved by Administrative Review 5/3/88 through 5/20/88 CASE NUMBER NAME RE-1088 Qualls Investment Company AM RE-931 Rupple SE-336 Rupple ZPMII-1419 Brennan C)�C r C _ ' Chuck Cunliffe, Direct3r'� Department of Planning Services AR2142122 r DEPARTMENT OP PLANNING SERVICES SUBDIVISION EXEMPTION ADMINISTRATIVE REVIEW Applicant: Adam and Mary Rupple Case #SE-336 Legal Description: Part of the E} of Section 31, T3N, R66W of the 6th P.M., "1 W Weld County, Colorado o N o -.l VD Criteria Checklist Meets Criteria e+9 x1 Yes No NA N X 1. The proposal is consistent with the policies as of the Weld County Comprehensive Plan. N-1 rrj N X 2. The boundary change or temporary use Location r, which would be allowed on the subject property 0 by granting the request will be compatible .jVI with the surrounding land uses. H e~v zW X 3. In those instances when used pursuant to no Section 9-3 B. (2) of the Weld County m o Subdivision Regulations, the request is the Poi best alternative to dispose of existing a improvements in conjunction with the companion a' , Recorded Exemption. n O APPROVED Subdivision Exemption is approved in accordance with information submitted , in the application and the policies of the County. The Department of tl o Planning Services has determined through its review that the standards of u Section 9-3 E. of the Weld County Subdivision Regulations have been met. n Oh+ By Date l//A` /i4 , /4d'6 rr (f P4.O 41-115 880393 s LEGAL DESCRIPTION A part of the Northwest one-fourth (1/4) of the Northeast one-fourth (1/4) of Section 31, Township 3 North, Range 66 West of the 6th P.M., being more particularly described as follows: Commencing at the North one-fourth (1/4) Corner of Section 31, Township 3 '=9 d North, Range 66 West, of the 6th P.M.; oI co Thence SO°12' West along the West line of the East 1/2 of Section 31, a N distance of 838.6 feet; x Thence S89°48' East 171.7 feet to a point on the West line of U.S. z n Highway 85; "< Thence N9°12' West along the West line of D.S. Highway 85, a distance z of 850.3 feet to a point on the North line of the East 1/2 of z Section 31; N Thence S89°29' West 33.0 feet to the POINT OF BEGINNING. N:: C; N t SV U) O H UT RJ H N Z co nCD ti CO is Xi co n 0 zo go 0 ON !] o ON 880393 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 25, 1988 TAPE I88-24 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the law and bylaws of said Board at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, May 25, 1988, at the hour of 9:00 A.M. ROLL CALL: The meeting vas called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Gene Brantner, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Jacqueline Johnson Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Weld County Attorney, Thomas 0. David Acting Clerk to the Board, Tommie Antuna MINUTES: Commissioner Lacy moved to approve the minutes of the Board of County Commissioners meeting of May 23, 1988, as printed. Commissioner Kirby seconded the motion and it carried unanimously. ADDITIONS: Chairman Brantner added the following under New Business: Item #6 - Consider JTPA 6% Technical Assistance/VAX Conversion Modification and authorize Chairman to sign; and Item #7 — Consider Contract to Auction with Ritchie Bros. and authorize Chairman to sign. PRESENTATION: RECOGNITION OF SERVICE - EDITH FLATELAND: Chairman Brantner read the Certificate of Appreciation into the record and presented it to Edith Flateland, who is retiring from the office of the Clerk and Recorder. PROCLAMATION: PROCLAIM MAY 30, 1988, AS MEMORIAL DAY: Chairman Brantner read this Proclamation into the record and presented it to Billy Yauchzee, who will read it at the Memorial Day Services. CONSENT AGENDA: Commissioner Lacy moved to approve the consent agenda as printed. Commissioner Johnson seconded the motion and it carried unanimously. DEPARTMENT HEADS AND ELECTED OFFICIALS: Drew Scheltinga, Engineering Director, reported on the 1988 construction projects, which include the road, Federal bridge and State bridge grants. Mr. Scheltinga also commented on the first hearing for the proposed Northmoor Improvement District that will be held this afternoon. • l r 0 n dL008 George Goodell, Director of the Road and Bridge Department, reporting on the Trucking Division, said that approximately 161 miles of roads have been graveled this year, and approximately 34,254 tons of gravel have been hauled. Mr. Goodell also reported on the Mining, Bridge, Maintenance, and Maintenance—Support Divisions. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $82,622.52 Social Services 41,995.85 Mr. Warden made it of record that $59.20 of the Social Services total is a correction from the May 18, 1988, Board meeting. Commissioner Johnson moved to approve the warrants as presented by Mr. Warden. Commissioner Lacy seconded the motion which carried unanimously. • BUSINESS: NEW: CONSIDER ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT WITH H&C COLTON COMPANY AND SUNSHINE VALLEY PETROLEUM CORPORATION AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Scheltinga said this Agreement is in conjunction with an Amended Special Review Permit issued to H&C Colton Company and Sunshine Valley Petroleum Corporation for the development of oil and gas production facilities. He said the Agreement has been prepared because of the increased heavy truck traffic which will be generated. Commissioner Lacy moved to approve said Road Improvements and Maintenance Agreement and authorize the Chairman to sign. Seconded by Commissioner Johnson, the motion carried unanimously. CONSIDER AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE WITH SCHOOL DISTRICT 6 AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden said this is for the sale of certain property to School District 6 in the amount of $200,677.00. Commissioner Lacy moved to approve the Agreement for Sale and Purchase of Real Estate and authorize the Chairman to sign. The motion was seconded by Commissioner Kirby and carried unanimously. • CONSIDER EXPENDITURE AUTHORIZATION MODIFICATION - JTPA MARKETING PROJECT AND AUTHORIZE CHAIRMAN TO SIGN: Connie Green, representing the Department of Human Resources, said the modifications for this project are to adjust line items on each budget, because the costs are considered employment generating activities and must be charged to participant support, not training. Commissioner Lacy moved to approve said Expenditure Authorization Modification and authorize the Chairman to sign. Commissioner Kirby seconded the motion which carried unanimously. The Board considered Item #6 at this time. CONSIDER JTPA 6% TECHNICAL ASSISTANCE/VAX CONVERSION MODIFICATION AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Green said this modification is to request an extension of the PY'87 funds to December 31, 1988. Commissioner Johnson moved to approve this Conversion Modification and authorize the Chairman to sign. The motion, which was seconded by Commissioner Kirby, carried unanimously. Minutes -- May 25, 1988 Page 2 CONSIDER ARCHITECTURAL CONTRACT WITH DOER AND ROBERTS ARCHITECTS, INC. AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden said this Contract concerns the interior and exterior architectural modifications to the jail facility. Commissioner Lacy moved to approve this Architectural Contract and authorize the Chairman to sign. Commissioner Johnson seconded the motion and it carried unanimously. CONSIDER GRANT AGREEMENT EEZWEEN GREELEY-WELD COUNTY AIRPORT AUTHORITY AND FEDERAL AVIATION ADMINISTRATION CONCERNING AIRPORT IMPROVEMENTS AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Lacy explained this Agreement and moved to approve it and authorize the Chairman to sign. Seconded by Commissioner Johnson, the motion carried unanimously. CONSIDER CONTRACT TO AUCTION WITH RITCHIE BROS. AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden said this Contract concerns an auction to be held June 21 in Brighton. Commissioner Johnson moved to approve the Contract to Auction with Ritchie Bros. and authorize the Chairman to sign. Commissioner Lacy seconded the motion which carried unanimously. WARRANTS: Mr. Warden requested authorization to release the payroll warrants on Tuesday, May 31. Commissioner Lacy moved to approve this request. The motion was seconded by Commissioner Johnson and carried unanimously. PLANNING: REVISION TO SITE APPLICATION - ARA DEV CON, INC. Keith Schuett, representing the Planning Department, read the favorable recommendation of the Planning Commission into the record. Mr. Schuett said this recommendation is subject to the following two Conditions: 1) A six-foot tall solid wood fence shall be constructed and maintained on the south and west boundary of the aeration lagoon. The fence shall be constructed immediately adjacent to the pond berm; and 2) The three existing evaporation ponds shall be reclaimed to a natural state with existing soil and the area planted with a native vegetation of grass approved by the Longmont Soil Conservation District. Jeff LeDoux, of Nelson Engineers, representing the applicant, gave his presentation. Mr. LeDoux said the applicant is opposed to the two Conditions. He said he feels these Conditions are excessive. Ken Lind, representing Mr. and Mrs. Nick Sekich, Mr. and Mrs. Martin Graham, and Mr. and Mrs. Ray Edmiston, who are adjacent landowners, came forward to give his presentation. Mr. Lind said his clients recommend approval of this application, but request that the approval be subject to both Conditions. Mr. Lind submitted photos of the area, and said the ponds are only 115 feet from the homes of two of his clients. He said the cost to ARA to comply with Condition #2 should not exceed $2,000.00. Richard McManus, Attorney representing ARA Dev Con, Inc., said his client has a problem with Condition #2, and he explained the reasons. Mr. LeDoux came forward to answer questions of the Board. Commissioner Johnson moved to submit a favorable recommendation to the State concerning this Revision to Site Application for ARA Dev Con, Inc., subject to the two Conditions as recommended by the Planning Commission. Commissioner Kirby seconded the motion. Discussion was held concerning the feasibility of a fence on the south side of the aeration lagoon as proposed in Condition #1. The motion carried unanimously. - Minutes — May 25, 1988 Page 3 ZONING AND BUILDING CODE VIOLATIONS - NOVOTNY, ADOLPH COORS COMPANY, FULTON, SHARPE, VALENSELA & MENDOZA, AND SCHALLER: Commissioner Johnson moved to authorize the County Attorney to proceed with legal action against Gary L. and Mary Novotny; Adolph Coors Company; Richard L. Fulton; William S. Sharpe; Cynthia Mary Valensela and Barbara Mendoza; and Nicholas J. Schaller for Zoning and Building Code Violations. Commissioner Kirby seconded the motion which carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. There were no Ordinances. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 9:55 A.M. APPROVED: irittLi'L2/1AAA Gc t�vb ATTEST: ( BOARD OF COUNTY COMMISSIONERS WELD/9UNTY, COLORADO Weld County Clerk and Recorder afi/C and Clerk to the Boa d tene R. Brantne4çZisJtZ airman UCounty lerk C.W. Kit At' • Deputy Pro-Te ac uel - Joh' Go it Frank Yamaguchi Minutes - May 25, 1988 Page 4 P Hello