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Home My WebLink About891535.tiff RETAKES for month of /9-uires. , 19 19 . The following documents are being re-filmed: DOCUMENT DESCRIPTION DAY FILE addlien/utmti, '• Gru..ne-,J-1..aia £..J .29 �w �..� e... X98% -6 - 7-?l" eZte..G4. u " . e,..ctt, \%i -( €aid%at s.' G - . k-8'9 - 365" - 6 -s8 -8 9 • Y • /1GStMON! THIS AGREEMENT, made this 7 day of June , 1989, by and between THE BOARD OF WELD COUNTY COMMISSIONERS, and Best-Way Paving Co. doing business as Best-Way Paving Co. hereinafter called "contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The contractor will commence and complete the phased construction of 1989 CHIP AND SEAL PROJECT 2. The contractor shall furnish all material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the project described herein. 3. The contractor shall commence the work required by the Contract Documents in accordance with the date stated in the Special Conditions and shall complete the work within the time stated in the Special Conditions unless the period for completion is extended otherwise by the Contract Documents. 4. The contractor agrees to perform all of the work described in the Contract Documents and comply with the terms of therein for the sum of Three Hundred and Ninty-Three Thousand_Right Hundred Seventy Four and 91j10o Dollars ($ 393,874.91 ) for the project 1989 CHIP AND SEAL PROJECT .,n C,ex C.) 1.,)d 890484 • 17 r � 5. The term "Contract Documents" means and includes the following: (A) Advertisement (B) Information for Bidders (C) Bid (D) Bid Bond (E) Agreement (G). Supplemental General Conditions (H) Payment Bond (I) Performance Bond (3) Notice of Award (K) Notice to Proceed (L) Change Order (M) Drawings prepared by Weld County Engineering Department, numbered Location Map (N) Specifications prepared or issued by (0) Addendum No. , dated _ . 1989 No. , dated , 1989 • No. , dated . 1989 (P) Notice of Contractor's Settlement (Q) Final Receipt and Guarantee (R) Other 6. The County will pay the contractor in the manner and at such time as set forth in the General Conditions such amounts required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 890484 18 r IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement, each of which shall be deemed an original on the date first written above. BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR - Best-Way Paving Co. BY 41 BY g 7-41/7 NAME C.W. Kirby (Please Type) NAME Herman Altergott (Please Type) TITLE Chairman TITLE Vice President Address P.O. Box 3189 Greeley Co. 80633 (SEAL) (SEAL) A ST: ATTEST: NAME Mary Ann Feuerstein NAME Harvey R. G een (Please Type) (Please Type) TITLE Clerk and Recorder TITLE Treasurer C/7ri7I4-cep 19 890484 /./ • • - PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That BE$rsY PAVING CO. Name of Contractor P.O. Box 3189 - Greeley, Colorado 80633 _ Address of Contractor a Corporation , hereinafter called Principal, and Corporation, Partnership, or Individual UNIVERSAL SURETY COMPANY Name of Surety P. 0. Box 80468 - Lincoln, Nebraska 68501 Address of Surety hereinafter called Surety, are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS, 915 10th Street, Greeley, Colorado 80632, hereinafter called County, in the penal sum of Three Hyndred Wnety-Three Thousand Fight Nundred_Seventy-Fnur & 91/300 -Dollars ($ 39'_874.91 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the County, dated the 7th day of lune , 1989, a copy of which is attached and made apart hereof for the construction of: 1989 CHIP AND SEAL PROJECT NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertaking, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the County, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the County from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. • 20 890484 PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall in any ways affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract of the work or to the specifications. PROVIDED, FURTHER. that no final settlement between the County and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF. this instrument is executed in 7th day of lime , 19$9_. ATTE87". BEST-WAY PAVING CO. Principal Pr cip Secretary By �'i jt�� (S) (SEAL) P.O. Box 3189- Greeley, Colorado 80633 Witness as to Principal Address Address ATTEST: Surety Secretary � (SEAL) UNIVERSAL SUR TY COMPAN/lam Pena.ra �X^�^��_ By r wit ss as to Surety Attorney-in-Fact 1129 34th Avenue 1301 9th Street Address Address Greeley, Colorado 80631 Greeley. Colorado 80631 NOTE: Date of bond must not be prior to date of contract. If contractor is a partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the state where the project is located. • 590484 Y / •• , PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That BEST-WAY PAVING CO. Name of Contractor P.O. Box 3189 - Greeley. Colorado 80633 Address of Contractor a Corporation , hereinafter called Principal, and Corporation, Partnership or Individual UNIVERSAL SURETY COMPANY Name of Surety P. 0. Box 80468 - Lincoln. Nebraska 68,01 o£June 7, , 1989, a copy of which is hereto attached and made a part hereof for the construction of: 1989 CHIP AND SEAL PROJECT NOW, THEREFORE, if the Principal shall during the entire length of said contract and any extension thereof promptly make payment to all persons, firms, subcontractors, and corporation furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether subcontractor or • otherwise, then this obligation shall be void; otherwise to remain full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on time, alteration or addition to the terms of the contract or to the work or to the specifications. • PROVIDED, FURTHER, that a final settlement between the County and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 22 890484 1 • p. IN WITNESS WHEREOF, this instrument is executed in 2 (number) counterparts, each one of which shall be deemed an original, this the 7th day of June , 1989. BEST-WAY PAVING CO. Principal ATTESBY: a _4 4 4 Pr cipa ecretary (SEAL) P. 0. Box 3189 Witness as to Principal Address Greeley. Cp1orado fl0633 Address UNIVERSAL SURETY COMPANY Surety AT//T,,EST: ..,D .4.1ate..- BY XO-f--------/e2%7 Witnes as to urety Attorney-in-Pact 1129 34th Avenue 191 9th Street Address Address Greglev. Colorado 80631 Greeley, Colorado 80631 NOTE: Date of bond must not be prior to date of contract. If contractor is a partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear P on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the state where the project is located. 23• 890484 INSURANCE nountanns The contractor shall secure and maintain such insurance policies as will protect himself, his subcontractors, and COUNTY OF WELD, from claims for bodily injuries, death or property damage, which may arise from operations under this contract.whether such operations be by himself or by any subcontractor or anyone employed by them directly or indirectly. The following insurance policies are required: (a) Statutory Workmen's Compensation (b) Contractor's Public Liability and Property Damage Bodily Injury: Each Person $150,000 Each Accident $400,000 Property Damage: Each Accident $100,000 Aggregate $400,000 (c) Automobile Public Liability and Property Damage Bodily Injury: Each Person $100,000 • Each Accident $400,000 Property Damage: Each Accident $400,000 Ths Certiftcath of Insurance must show Weld County, Colorado as and Additional Insured All policies shall be for not less than the amounts set forth above or as stated in the Special Conditions. Other forms of insurance shall also be provided if called for by the Special Conditions. Certificates or copies of policy of such insurance shall be filed with the County along with the Performance and Payment Bonds and shall be subject to his approval as to adequacy of protection. within the requirements of the specifications. Said Certificates of Insurance shall contain a 30-day written notice of cancellation in favor of the County. 890484 24 A mill.:::/�. MFICATE INSURANCE ISSUE DATE(MM/DD//V OF PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND. BARTELS & NOE AGENCY EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P.O. BOX B COMPANIES AFFORDING COVERAGE GREELEY, CO 80632 COMTERRY A LET CODE SUS-CODE AMERICAN STATES INSURANCE COMPANY _ COMPANY B INSURED LETTER BESTWAY PAVING COMPANY OP MPANY `. } P.O. BOX 3189 R w GREELEY, CO 80633 COMPANY O LETTER COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO TYPE OF INSURANCE POLICY NUMBER POLICY lFRCTIV!'POLICY EXPIRATION ALL LIMITS IN THWANDE LTR DATE(MWEID/YY) DATE(MM/OD/VY) GENERAL LIABILITY GENERAL AGGREGATE s2,000 A X COMMERCIAL GENERAL LIABILITY 01 CC 031 -516 3-1 -89 3-1 -90 PRODUCTB{OMP/OPS AGGREGATE ' 2,000 CLAIMS MADE X OCCUR. PERSONAL 6 ADVERTISING INJURY 6 1 ,060 f_ OWNER'S 6 CONTRACTOR'S PROT. EACH OCCURRENCE $ 1 ,000 FIRE DAMAGE(Any one WO S 50 MEDICAL EXPENSE(Any only p,r,on) $ AUTOMOBILE LIABILITY - • COMBINED SINGLE $ - A X ANY AUTO BA 000 803 3-1 -89 3-1-90 LIMIT 1 ,000 X ALL OWNED AUTOS BODILY INJURY S X SCHEDULED AUTOS (Per person) X . HIRED AUTOS BODILY — - INJURY S • X NON'OWNED AUTOS (Per.ceNlent) GARAGE LIABILITY PROPERTY - -- DAMAGE s EXCESS LIABILITY EACH -AGGREGATE — OCCURRENC A X SU 62129 3-1 -89 3-1-90 6 1 ,0G�6 1 ,000 OTHER THAN UMBRELLA FORM STATUTORY WORKER'S COMPENSATION WC 262 468 3-1 -89 3-1-90 s 500 (EACH ACCIDENT) AND - "-- A S 500 (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY s 500 (DISEASE—EACH EMPLOYEE) . . _ .. . ._ OTHER .... A EQUIPMENT 01 CC 031 -525 3-1 -89 3-1-90 51 ,000 DEDUCTIBLE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RCSTRICTIONWS►ECIAL ITEMS 1989 CHIP & SEAL PROJECT - WELD COUNTY, COLO IS NAMED AS ADDITIONAL IN- SURED BOARD OF WELD COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE COMMISSIONERS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO T 915 10TH STREET MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE GREELEY, CO 80631 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATr, AUTHORIZED REPRESENTATIVE NORMAN D. NOE -s------'--� AC0R0125 S'(3/S$) . UNIVERSAL SURETY COMPANY LINCOLN, NEBRASKA ' POWER OF ATTORNEY Yt meet ALL Ben Zit1 %rrncnts: That the U\rvEasAL Suattr COMPAN',a corporation of the State of Nebraska,having its principal office in the City of Lincoln. Nebraska.pursuant to the following By-Law,which was adopted by the Board of Directors of the said Company on July 23,1981, to-wit: "Article V-Section 6. RESIDENT OFFICERS AND ATTORNEYS-IN-FACT.The President or any Vice-President,acting with any Secretary or Assistant Secretary, shall have the authority to appoint Resident Vice-Presidents and Attorneys-In-Fact,with the power and authority to.sign. execute,acknowledge and deriver on its behalf,as Surety:Any and all undertakings of suretyship and to affix thereto the corporate seal of the corporation.The President or any Vice-President,acting with• any Secretary or Assistant Secretary,shall also have the authority to remove and revoke the authority of any such appointee at any time." does hereby make, constitute and appoint Norman D. Noe or Gladys L. Conrady or Lawrence E. Lutgen, Greeley, Colorado • its true and lawful Attorney(s)-In-Fact, to make, execute, seal and deliver for and on its behalf, as Surety: Any and all undertakings of suretyship • And the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,as fully and amply.to all intents and purposes,as if they had been duty executed and acknowledged by the regularly elected others pt the Company at its offices in Lincoln. Nebraska, in their own Persons. The following Resolution was adopted at the Regular Meeting of the Board of Directors of the Universal Surety Company,held on July 23.1981 "RESOLVED,That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in accordance with Article V-Section 6 of the Company By-Laws:and that any such Power of Attorney bearing such facsimile signatures, including the facsimile signature of a certifying Assistant Secretary and facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." All authority hereby conferred shall remain in full force and effect until terminated by the Company. IN WITNESS WHEREOF UNIVERSAL SURETY COMPANY has caused these presents to be signed by its Vice-President and its corporate seal to be hereunto affixed this 1st day of_ June ,19 87 • UNIVERSAL SURETY COMPANY By a=raw .y \ �t Ai, Secretary Moe- resident •`• - �•' State of Nebraska ) ss. County of Lancaster) , On this 1st bay 01 June ,15 87 ,before me personally came Robert L. Privett to me known,who being by me duly sworn,did depose and say that(s)he resides in the County of Lancaster.State of Nebraska;that(One is the Vitt-President of the UNIVERSAL SURETY COMPANY,the corporation described in and which executed the above instrument;that(s)he knows the seal of the said corporation:that the seal affixed 10 the said instrument is such Corporate seal;that it was so affixed by order Of the Board of Directors of said corporation:that(s)he signed(his)(her) name by like order;and that By-Law,Article V-Section 6,adopted by the Board of Directors of said Company.referred to in the preceding instrument,is now in force • `•J Laise bm trot or manta i3tAL My Commission Expires 8-22-89 Notary Public L Thomas A. Tallman Assistant Secretary of UNIVERSAL SURETY COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power 01 Attorney executed by said UNIVERSAL SURETY COMPANY,which is still in full force and effect. Signed and sealed a1 the City o1 Lincoln,Nebraska this 7th dayof J'U11@ 19$9 7,Lfe •r e (/( ?Saar Aet Secretary `+',,•r• 890484 y NOTICE OF AWARD TO: Bestway Paving Company P.O. Box 3189 Greeley, Colorado 80633 PROJECT DESCRIPTION: 1989 CHIP AND SEAL PROJECT The County, represented by the undersigned. has considered the bid submitted by you for the above described work in response to its Advertisement for Bids dated May 4 , 1989. You are hereby notified that your bid has been accepted for Three Hundred Ninty-Three Thousand Eight Hundred Seventy-Pour and 91/100's in the amount of • ($ 393,874.91 ), You are required by the Information for Bidders to execute the Agreement and furnish the required Contractor's Performance Bond, Payment Bond, and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said bonds within ten (10) days from the date of this Notice, said County will be entitled to consider all your rights arising out of the County's acceptance of your bid as abandoned and as a forfeiture of your Bid Bond. The County will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the County. Dated this 7 day of June , 1989. THE BOARD OF WELD COUNTY COMMISSIONERS (County) BY: dlldnald arroll Title: Ad inistrative Manager 890484 • 15 ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Bestway Paving Company this the 7 day of June v , 1989. BY: Sydz Title: t/Gc PRec . IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Colorado. 890484 16 • _ • Cote �y FINAL RECEIPT AND GUARANTEE Weld County. Colorado October 9, 1989 (Date) Received this date of October 9 , 19 89 , as full and final payment of the cost of improvements provided for in the contract executed by Best-Way Paving Co. and payee on or about July 31 , 19 89 , together with all amendments, change orders, and additions thereto, the sum of Four hundred forty-six thousand, one hundred thirty dollars and 65/100's -Dollars ($ 446,130.65 ). by checking, being the remainder of the full amount accruing to the undersigned by virtue of said contract and extra work performed thereunder, said payment covering and including full payment for the cost of all extra work and material furnished by the undersigned in the construction of said improvements, and all incidentals thereto, for the additional consideration of One Dollar ($1.00) for the execution hereto, and the undersigned hereof releases THE BOARD OF WELD COUNTY COMMISSIONERS from any all claims whatsoever resulting from said contract and all work performed thereunder. The undersigned by these presents certifies that all persons doing work upon or furnishing materials for said improvements under the foregoing contract and all additions thereto have been paid in full. The undersigned further certifies that all work has been completed in a workmanlike manner in conformity with the plans and specifications. That should any portion of said work or material prove defective within one (1) year from the date of final acceptance of the entire project by the County, the undersigned shall replace any such defective material and remedy any such defective work to the satisfaction of THE BOARD OF WELD COUNTY COMMISSIONERS and shall defend, indemnify, and save harmless THE BOARD OF WELD COUNTY COMMISSIONERS from all damages, claims, demands, expenses, and charge of every kind which may arise as a result of any such defective material and workmanship during said period. The Performance and Payment Bonds for this contract shall remain in effect for the period of the guarantee. 1989 CHIP AND SEAL PROJECT Name Best a Pavin Co. By � _et,. Title _ 7'rjcp «rye,-1 28 Oa EGoo/3 'go D$' • 890z851 • • a r� o �\��\��-'7• a O• •1 i • :. Z 2� �\\ .-.:7i J v/ �0 ii vd S" � 1,.:.)."-I 43 ��: " u 0•.,\ 5,Li z t \� M > LL •`\. tr.,'W 0.a `L. .. z °a . ')' •I\t. 3 z L n 2 zs -.1.• J \ C W a H a 2 .9 .g4 z p•• s ai s a p� E pp to c-, q w 0 - n a o O o " Uo ` _• N el V 01 W N 1�1 a W Q J .1 S a v - n'1 � vw ° C 0 - . , � 7 Y h 00 4 o ° C4 . .,Ca ti O .. - 1 1 ° , y M a T - 7 0- 8 - 'J UO et O } K J. 11 CaQ S -; J 41 x o +o o J = z a- J. m a OQb71O1OD dO 31H.S • • . , • . 4 RESOLUTION RE: APPROVE OIL DIVISION ORDER FROM TOTAL PETROLEUM, INC. , 515 CENTRAL PARK DRIVE, OKLAHOMA CITY, OK::.AHOMA 73105, AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and tie 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 Baker Oil Corp. , and WHEREAS, said lease covers land more particularly described as follows: Township 5 North, Range 66 West, 6th P.M. Section 2$ , NE/4 From t e surface down to and including the base of the Codell Sandstone Formation Weld County, Colorado WHEREAS, Total Petroleum, Inc. , has submitted an Oil Division Order on the subject property, and WHEREAS, said Oil Division Order concerns the Wiedeman PM-S28-2 well located in the NW/4 of said parcel and the Wiedeman PM-J28-7 well located in the SW/4 of said parcel, 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 7erein. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Oil Division Order as submitted by Total Petroleum, Inc. , 515 Central Park Drive, Oklahoma City, Oklahoma 73105, on the hereinabove described parcel of land be, and hereby is, app:^oved. 890520 Page 2 RE: OIL DIVISION ORDER - TOTAL PETROLEUM, INC. BE IT FURTHER RESOLVED by the Board that •:he Chairman he, and hereby is, authorized to sign said Division Order. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of June, A.D. , 1989. BOARD OP COUNTY COMMISSIONERS ATTEST: %“ WELD COUNTY, COLORADO Weld County erk and Recorder and Clerk to the Board C.W. Kir , cEl rman hd+ F v 1 �1 a 'ne :io nson, Pro-Tem Drputy County erk APPROVED AS TO FORM: ene R. rantner George nn ., County Attorney ! _ Gor r. i 890520 Lease Number 302600 Total Petroleum,Inc. DIVISION ORDER and 302601 LCT TO: 515 Central Park Drive • Oklahoma City, OK 73105 February, Q r 889_ The undersigned, and each of us, certify and guarantee that we are the legal owners of and hereby warrant the title to our respective interests as set out below in all oil produced from all wells on the THE RQ$ERT GERRITY C9MPANY -- WIEDEMAN P;4-J28-2 AND WIEDEMAB PM-J28-7 farm• or lease. located in Weld County, State of Colorado , more particularly described as follows: WIEDEIKAN PM-J28-2: NW/4 NE/4 of Section 28-5N-66W, from the surface down to and including the base of the Codell Sandstone Formation. (Lease Number 302600). • WIED IAN PM-J28-7: SW/4 NE/4 of Section 28-SN-66W, from the surface down to and including the base of the CodellSandstone Formation. (Lease Number 302601) . AR218331R Effective 7 a.m„,AAVIa /oif First Run . 19 89 ,and until further written notice, you are hereby authorized to receive, purchase and give credit for all oil received from said property subject to the conditions,covenants and directions following: CREDIT TO DIVISION OF INTEREST ADDRESS • N O O a See Reverse Side. 0 -I c C o r.7 03 aZ yr Sr' • 2 P „'r a 0 ba r. FIRST; The al outraged in pursuance of alts Division Order en$ Its merohataple and bream your property upon delivery thereof to you a to any Pipe f dnigneled by You, Wamupa of re run and punbaed hereunder shall be computed in terms Of 42 U.S.agate car banal from,r ruin, =Mad tan tablet aaowing the full caler of the units. The a a la temperature and deductions for din,sediment and other impurities see to be made in e0estance with your rules,terylatiohe and cuatame in eller et the time and piece a delivery.The W J al shall be steamed or treated when necessary to render It mndianrable. SCCONa The oil weiVM in r ,mt,m,M the Owunial' der Mall be prod for to the party or maim entitled therm accerdiee W Jivia.un of awmta alwwn soot,at the Prey ton even N Z day's receipts posted and upon the basis therein indicated on that day by you foe the same kind and duality of out in the field in which it is ncenned.If it a necnsant to crampon crude od NH hereunder by truck,then,in that event.you are authorised to deduct from such price the tlWung Chats,together with Federal Tranaponauon Tax thereon Should the oil he sold by You w try another purchaser accepting delivery thereof at the lease tanks,settlement thereof shell he based upon the pnce received by you for such al and upon the volume computation made by,uch to F Rppc •Payments Wall be made mstWy for al received and purchaad dunng the preceding month by Your checks delivered or mailed to the reepecvw profs x the addrenn dated. O fA it is agreed,if the amount payable to any of W Underwood I,Ire than Ten Dollars duns any month,you may withheld payment thereof,without merest,and to lieu of monthly vttlenent.make payment at such time as a minimum Wm of Ten Dollars has accumulated to the audit of the undesired:provided,however.that settlement shall be made at least.nee dunng each calendar year,rennin of the arnount which has accumulated to the credit of the undermined.Pipe tins rat and measurements are to govern and control in all...elements. O subset to the provisions of t- s posting'above?anemia to Contenting computation of auanptiw The undermined authcnae you to withhold front o the proceeds rd any and all nen. made w hereunder the amount of any t placed thereon.Mon the prodsco m,1Nnof,by any governmentalauthonry,and to pay the same in out behalf, - in Cu THIRD: En case of any question. controversy or adverse claim of title which in your oanwn adversely afters title to any interest credited hereunder, or in case tale Mall not be M sanalactory to you al any tine dunng the teem of this driven pees.,each of the undermined are.to(UMW complete aberract of title and other evidence of title uudaaory to visa and QD ej, wthonaea you to retain the WON.pace d the ell without Obliatioe,to PAY intefrs on the amount s0 withheld.uMd aatWacrpey indemnity shag be furnished you against such question, N Z controversy.adverts claim or any ouch defects in tide,Or until any Question,contmersy,rives'claim or defect[0 owner.'title,a nettled to your,tefacten.in the event met is Med in anv N Q court affecting title to oil purchased hereunder,either berate or after eeverare, the unoenianed apes to indemnify and save you homiest from any and all cow in connection with such O action,including summer' feet:and further the undermined agree to indemnify and eve you hamlet*and any Calmer transporting sad al for your account against any and all Lability tax Iraa,cwt,damage and ripest,mchking attorneys'fees,which you or the tamer may suffer of incur on account of receiving,trareratmt and paying it for aid oil. J a FOURTH:The undersigned naturally agree to notify you of any change of ownership and no rimier of interest shall bee binding upon you until transfer order and the recorded,minament evidencing such Irene!,,.or a certified copy thereof,shall be furnished you,Transfers of interest Mull be made elfcatve an the first day of the calendar month in winch notice is receii d b, a you.You Are hvaby relieved of any mp ria telity for determining if and when any of the miens hereinabove set forth Will Of should men to or be owned by other ponies either a. result of the completion or discharge of money oe other payment,from said interests.or altimeter and the mown Shot whose intents are affected by such money'Jr other payment.if sD OD any,or by the reversion or change of an interest lot any other reaps,agree to give you notice in writing by rename]letter ddresaed to you et Oklahoma City,Oklahoma when any such m d, money Or reel payments have been completed or discharged or when any other division Of interest than that set forth crows pull for any resod.beta,effective and to furnish transter N el orders accordingly,and that in the event such notice shall not be received,you shall be held harmless in the event of.and are hereby Messed from any and all damage or bas which might ey O an..out of any overpayment.The undersigned hereby further agors to reimburse you ter all amounts incorrectly pall to the undersigned for the above.desanbed property. th FIFTH: Working Interest owners ands Operators who sign this Division Order, and each of them.guarantee end warrant for your benefit and that of any pipeline or oher(Attu.,designated by you to me et reimport said oil,that all oil tendered hereunder has been and/or will be produced in accordance with applicable law.and/or official rules and regulation.. SIXTH:This Divieepl brief shall become valid and binding an each and every owner above named an soon ea stied by such owner,regardless of whether or me all oh the shone named owners have so signed/d aMgti}ewue be binding upon the heirs,perunal repre entrees,succeuaa and auigne of the perms hereto,and the undewned Moser agree ii ail,he term. and conditions of the ' er now in effect and force. • SIGNATURE OF OWNERS SOCIAL SECURITY OR TA.I'PA?L'R Nt:NICER Ct WELD COUNTY, COLORADO d.W.irb a n 84-6000813 Board of County Commissioners IMPORTANT: To avoid delay in payment, please show your correct address and your social security number or tax identification number, Individual signatures must be witnessed by a disinterested person. 340-013 RII/84 QPCo. ;:9 /7 890520 Division Order \\\ Lease Number 302600 and Lease Number 302601 February 6. 1989 Page Two NO c U For both Lease Number 302600 -- Effective First Rare (January 23. 1989) C. and Lease Number 302601 -- Effective First Run (January 22. 1989) N U a a o CREDIT TO FRACTIONAL IaTEaST DECIMAL INTEREST c:3 cc Q.W 2 WELD COUNTY COLORADO 1/8 .1250000 R.I. C O a ALARADO RESOURCES, LIMITED 1/2 X .085 .0425000 O.R.I. •• 'a TED E. AMSBAUGH 1/4 X 6/7 X .035 .0128125 O.R.I. ri X PLUS .0625 X .085 as J JEANNE A. ANDERSON .10 X 1/7 X .035 .0005000 O.R.I. • z BAKER OIL CORP. 1/2 X .01 X 8/8 .0050000 O.R.I. N H o a BARRETT ENERGY COMPANY 1/4 X 6/7 X .035 .0204625 O.R.I. PLUS .1525 X .085 ON O M 4, VICKI L. CLARK .15 X 1/7 X .035 .0007500 O.R.I. co Z N K STEPHEN B. EVANS 1/4 X 6/7 X .035 .0128125 O.R.I. PLUS .0625 X .085 U a awG BARRY L. SNYDER 1/4 X 6/7 X .035 .0128125 O.R.I. rn PLUS .0625 X .085 '.0 M '7 NM CHRISTINA L. SNYDER 3/8 X 1/7 X .035 .0018750 O.R.I. ..y o • k' LAURENCE N. WATTS 3/8 X 1/7 X .035, .0018750 O.R.I. ZENITH DRILLING CORP. .16 X .085 .0136000 O.R.I. THE ROBERT GERRITY COMPANY 3/4 X 8/8 .7500000 W.I. 89052O v TOTAL Total Petroleum,Inc. SUITE 200 515 CENTRAL PARK DRIVE OKLAHOMA CITY. OKLAHOMA 73105-1702 TELEPHONE 405 525.5100 June 14, 1989 Weld County, Colorado Board of County Commissioners Weld County Centennial Center 915 - 10th Street Greeley, Colorado 80631 Reference: Wiedeman FM-J 28-2 -- Lease Number 302600 Weld County, Colorado Gentlemen: A recent review of our records reveals that we have not yet received your signed Division Order covering your interest in and to above referenced property. As purchaser of oil produced from this well, we are most anxious to have all owners in an open-for-pay status. For this reason and for your convenience, we are enclosing another set of division orders for execution by the authorized individual. The signature must be witnessed by a disinterested individual. Spaces are provided for your mailing address and taxpayer identification number; these must be completed for payment purposes. After the Division Order has been executed, one original form is to be returned to me and the other copy is to be retained by you for your records. Upon compliance with the foregoing, your interest will be placed in line for payment. We look forward to your early reply. Thank you. Sincerely, LISA G. TEAGUE Division Order Analyst (405) 557-7064 LGT:pdj Enclosures 89QS20 1 TOTAL Tote)Petroleum,Inc. SUITE 200 515 CENTRAL PARK DRIVE OKLAHOMA CITY, OKLAHOMA -131!05.1702 TELEPHONE 405 525-8100 February 6, 1989 FEB 81989 `.rriCE Weld County Colorado Office of County Attorney P. 0. Box 1948 Greeley, Colorado 80632 Reference: Weideman PM J28-2 -- Lease Number 302600 Weideman PM J28-7 -- Lease Number 302601 Weld County, Colorado Gentlemen: Pursuant to that certain Supplemental Drilling and Division Order Title Opinion dated June 22, 1988, and other title information submitted, we have prepared and enclose our Division Order, in duplicate , for your review. If you agree therewith, please obtain the execution by the authorized person. The county's tax identification number and address must also be given in the spaces provided. After the Division Orders have been completed, one original form is to be returned to me. The other form is for you to retain for your records. Upon compliance with the foregoing, your interest wil:L be placed in line for payment. Sincerely, US C. ACIege_stec-e---V . TEAGUE ) / Division Order Analyst (405) 557-7064 LOT:pdj Enclosures , ooi7 ARM,d9056 DEPARTMENT OF PLANNING SERVICES SUBDIVISION EXEMPTION ADMINISTRATIVE REVIEW Applicant: Leonard A. and Geraldine S. Hergenreter CASE: SE-365 Legal Description: Part of the NWI of Section £C, T3N, R6£3W of the 6th M P.M. , Weld County, Colorado o J•o Criteria Checklist g Meets Criteria Yes No NA 0 0 os X 1. The proposal is cons:i:stent with the policies mg ur of the Weld County Comprehensive Plan. OX 2. The boundary change or temporary use location in which would be allowed on the subject property oG by granting the request will be compatible •▪• with the surrounding land uses. 0 .ti g X 3. In those instances when used pursuant to o, a Section 9-3 B. (2) of the Weld County co `) Subdivision Regulations, the request is the '" Z N best alternative to dispose of existing K improvements in conjunction with the companion CO E4 o 2 Recorded Exemption. m APPROVED o• w CO Z Subdivision Exemption is approved in accordance wil:h information submitted Z in the application and the policies of the County. The Department of o Planning Services has determined through its review that the standards of Cd zt Section 9-3 E. of the Weld County Subdivision Regulations have been met. A complete and separate legal description shall be submitted for the parcel "-I LA ▪ o north of Weld County Road 34-1/2 and for the parcel south of Weld County N d Road 34-1/4. .N .y CO Ca Date _11/477/C:7 - BIG HORN LAND SURVEYING 10561 Park Ridge Ave. LONGMONT, COLORADO LEGAL DESCRIPTION • LEONARD A. AND GERALDINE S. HERGENRETER SE-365 LEONARD HERGENRETER July 13, 198i Project No. 89-7-790-1 LEGAL DESCRIPTION TRACT 2 • T rn o That portion of the South Half of the Northwest Quarter and the North Half of the Southwest Quarter of Section 8, Township 3 North, Range 68 west of the 6th P.M. , Weld County, Colorado 'N o more particularly described as follows: a Considering the West line of the Northwest Quarter of said Section 8 as bearing North 00° gill 00' 04" East, and with all bearings contained herein relative thereto: o a Beginning at the Northwest corner of the South Half of the Northwest Quarter of said Section yr m a 8 from which the' Northwest corner of said Section 8 bears North 00° 00' 04" East, 1330.20 feet; thence along the North line of the South Half of the Northwest Quarter of said Section 8, North 89° 56' 56" East, 1415.03 feet; thence South 01° 12' 38" West, 1329.58 feet to the South o line of the Northwest Quarter of said Section 8; thence South 00° 48' 02" West, 1330.64 feet; thence along the South line of the North Half of the Southwest Quarter of said Section 8, v South 89° 55' 16" West, 1368.39 feet to the Southwest corner of said North Half of the Southwest (74, 4 Quarter of Section 8; thence along the West' line of the Southwest Quarter of said Section 8, 4:n2 North 00° 00' 04" East, 1330.22 feet to the West Quarter corner of said Section 8; thence along w the West line of the Northwest Quarter of said Section 8, North 00° 00' 04" East, 1330.20 feet c w to the place of beginning. The above described Tract 2 contains 84.84 Acres, more or less. Not Subject to a County road right of way 30 feet of even width along the entire North and West sides of the above described Tract 2. Subject to any other rights of way or other easements as described by Instruments of Record or as now existing on said described Tract 2. N Q m p4 UCi(,c oy ALLEN L. ROYER LS# 682 Bch L. 9p • *I 11682 I +C,y sat k, of cttp BIG HORN LAND SURVEYING 10561 Park Ridge Ave. LONGMONT, COLORADO LEGAL DESCRIPTION LEONARD A. GERALDINE S. HERGENRETER August 14, 198 LEONARD HERGENRETER SE-365 g Project No. 89-7-790-1 LEGAL DESCRIPTION TRACT 1 en o That portion of the North Half of the Northwest Quarter of Section 8, Township 3 North, m Range 68 West of the 6th P.M., Weld County, Colorado more particularly described as follows: a Considering the West line of the Northwest Quarter of said Section 8 as bearing North 00° g 1 00' 04" East, and with all bearings contained herein relative thereto: N Beginning at the Northwest corner of said Section 8; thence along the North line of the 2 Northwest Quarter of said Section 8, North 89° 59' 15" East, 1444.36 feet; thence South 01° 15' 55" West, 1329.58 feet; thence along the South line of the North Half of the Northwest a % Quarter of said Section 8, South 89° 56' 56" West, 1415.03 feet to the Southwest corner of 0 said North Half of the Northwest Quarter of Section 8; thence along the West line of the m Northwest Quarter of said Section 8, North 00° 00' 04" East, 1330.20 feet to the place of ca Q beginning. N r• z+ The above described Tract 1 contains 43.64 Acres, more or less. co H Subject to a County road right of way 30 feet of even width along the entire North, _South and 0 t crt West sides of the above described Tract 1. cw Subject to any other rights of way or other easements as described by Instruments of °tee z Record or as now existing on said described Tract 1. z N0 age Ise< e ALLEN L. ROYER Lo 11682 �Ln t 0 +. t N a * 11682 j•'s`t « ..4 t �, co w -+r + 17,D S1.0, "cry f cF Co', • p§TT*7 AUG 1 5 1989 Yield to. %anonat Co s uu I /1EE7/N4 CANCEL!.to I JUNE 1989 S M TWT FS 1 2 3 5 6 7 8 9 10 12 13 15 16 17 19 20 21 22 23 24 y 26 27 28 29 30 RECORD OF PROCEEDINGS AGENDA Monday, June 5, 1989 Tape 1/89-23 ROLL CALL: C.W. Kirby, Chairman Jacqueline Johnson, Pro-Tem Gene R. 8rantner George Kennedy Gordon E. Lacy MINUTES: Approval of minutes of May 31 , 1989 CERTIFICATIONS OF HEARINGS: Hearings conducted on May 31, 1989: 1) Amendment to USR #726, Ralph Nix Produce, Incorporated; and 2) Amendments to Weld County Zoning Ordinance (Commissioner Johnson excused) ADDITIONS TO AGENDA: Delete #1 under New Business APPROVAL OF CONSENT AGENDA: COMMISSIONER COORDINATOR 1) Communication Services - Brantner REPORTS: 2) Engineering Services - Lacy 3) Health Services - Kennedy 4) Planning Services - Johnson 5) Purchasing S Personnel - Kirby COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BIDS: 1) Approve Pump - Road and Bridge Department BUSINESS: NEW: 1) Consider PY '89 Job Service Contract and authorize Chairman to sign 2) Consider Resolution re: Temporary closure of WCR 67 between WCP 4 and 6 3) Consider Resolution re: Declare certain vehicles as surplus property 4) Final Reading of Ordinance Number 118-I, In Matter of Amending and Deleting Portions of Ordinances Numbers 118-C and 118-H, Weld County Personnel Policy Handbook, as Amended • PLANNING: 1) Consider Resolution re: Building Code Violations - Miller CONSENT AGENDA APPOINTMENTS: Jun 5 - Work Session 10:00 AM Jun 5 - Fair Board 7:30 PM Jun 6 - Planning Commission 1 :30 PM Jun 7 - County Council 7:30 PM Jun 8 - Area Agency on Aging 9:00 AM Jun 9 - Community Corrections 12:00 NOON Jun 12 - Work Session 10:30 AM Jun 12 - Weld Mental Health Board 7:30 PM Jun 13 - Juvenile Community Correction Board 12:00 NOON Jun 14 - BOARD MEETING CANCELLED Jun 14 - EDAP 7:00 AM Jun 15 - Placement Alternatives Commission 12:00 NOON HEARINGS: Jun 5 - Show Cause Hearing, Tatum (Cont. from 11/7/88) 9:00 AM Jun 12 - Amendments to cable television franchise, Chartwell Cable of Colorado 9:00 AM Jun 21 - Special Review Permit, Home business (beauty salon) , Myrtle Cubbison 10:00 AM Jun 21 - Special Review Permit, Heliport in the A (Agricultural) Zone District, Brett Wayne Branch 10:00 AM Jun 21 - Show Cause Hearing, Mike Cervi, dba Roggen Disposal. Inc. 10:00 AM Jun 28 - Show Cause Hearing, Howard Duckworth, dba Weld County Disposal 10:00 AM Jun 28 - Show Cause Hearing, High Country Turf, et al. 10:00 AM Jul 12 - Creation of Casa Grande/Enchanted Hills Local Improvement District 10:00 AM Jul 12 - Amendments to Weld County Zoning Ordinance 10:00 AM COMMUNICATIONS: 1) Town of LaSalle re: Petition for annexation 2) Marathon Oil Company re: Sooner Unit 3) Planning Commission agenda for June 6, 1989, and Resolution re: Meeting date 4) State Dept. of Natural Resources - Notice of permission to conduct exploration 5) Oil and Gas Conservation Commission - Notices of Hearings 6) County Council agenda for June 7, 1989 7) Stroh and Company Realty and Auctions, Inc. re: RE #1129 - Schultz PLANNING STAFF 1) ZPMH #1557 - Pena APPROVALS: 2) ZPMH #1560 - Hanel 3) MHZP 1/39 - Uber 4) RE #1172 - Jansen RESOLUTIONS: * 1) Approve Contract with UPRR concerning installation of automatic crossing signals with gates on WCR 16 * 2) Approve request for Pest Inspector to enter upon certain lands * 3) Approve Findings and Order concerning dust blowing complaint on property in S1/2 S30, and N3/4 S31 , T9N, R61W - Beryl Willits * 4) Approve installation of traffic control devices on WCR 12 at WCR 5 * 5) Approve setting of Show Cause Hearing - Taggert: High Country Turf; and 0.F.T, Inc. * 6) Approve authorization for County Attorney to proceed with legal action - Building Code Violations * 7) Approve temporary closure of WCR 67 between WCR 4 and 6 * 8) Approve amendment to USR #726 - Ralph Nix Produce, Incorporated * 9) Approve declaring certain vehicles as surplus property ORDINANCE: * 1) Final Reading of Ordinance Number 118-I, In Matter of Amending and Deleting Portions of Ordinances Numbers 118-G and 118-H, Weld County Personnel Policy Handbook, as Amended * Signed at this meeting Monday, June 5, 1989 RESOLUTION RE: APPROVE CONTRACT BETWEEN UNION PACIFIC RAILROAD COMPANY AND WELD COUNTY, COLORADO, 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, a Contract for the installation of automatic crossing signals with gates on Weld County Road 16 east of U.S. Highway 85 , between Union Pacific Railroad Company and Weld County has been presented to the Board , and WHEREAS , the terms and conditions are as stated in the Contract, 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 Contract, for the safety of the general public. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that said Contract between the Union Pacific Railroad Company and Weld County be, and hereby is , approved . BF IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said Contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of May, A.D. , 1989 . ��nn rr��LL ' BOARD O£ COUNTY COMMISSIONERS ATTEST: Q "" ""'"J WELD COUNTY, COLORADO Weld County erk and Recorder /- r��=.(.�j and Clerk to the Board C.W. Ki y, C irman BY: `J fl zitti ($.C�-�ec.i LaCc ne J son, Pro-Tem D putt' County Clerk APPROVED AS TO FORM: ,ene R. Brantner / C -) 7,Z. -George Kennedy County Attorney EXCUSED DATE OF SI(;NTNC - AYE Cordon E. Lacy _ 7.1. / =, 890465 • UNION PACIFIC RAILROAD COMPANY ENGINEERING DEPARTMENT C.D..BARTON S.J.MCLAUGHLIN,ASSISTANT VICE PRESIDENT-ENGINEERING P,M..ABARAY • CHEF ENGINEER-MAINTENANCE CHIEF ENGINEER-SIGNALS C L.JENSEN UNION D.L.BANGHART • CHIEF ENG W EER-PRCGRA M$ NI[IFR CHIEF ENGINEER-PLANNING J.R.RERAN I F I l(f CHEF ENGINEER-DESIGNJ.VV HEAVIN CHIEF ENGINEER-FACILiT.E$ ROOM 1000 1416 DODGE STREET • OMAHA,NEBRASKA 68179 (402127!-5000 May 5, 1989 • Crossing - Public Co. , Ft, Lupton Co. Rd. #16 DOT 804:75K Mr. Alan Miller Utility Inspector Weld County P.O. Box 758 Greeley, Colorado 80632 Dear Mr. Miller: Reference is made to previous correspondence regarding proposed project to install automatic crossings signals with gates at the above referenced location. Please find attached duplicate originals of agreements to cover this project. Please arrange for execution on behalf of the County and return both agreements to us for our execution. After execution by the Railroad, your original counterpart will be returned for your files. Please send agreements to: Mr. R. E. Jackson Manager Contracts Rm 1100 tUnion Pacific Railroad Co. 1416 Dodge Street ' Omaha Nebraska 68179 S If any further information is needed, please contact me • at (402) 271-3784, I would also appreciate copy of cover letter when agreements are returned. Yours truly, L. K. Rudolph Gp,yr y Mgr. Ind_ & Pub. Projects `, A.4, UPRR Council Bluffs Office t 1416 Dodge Street Omaha, Nebraska 68179 890465 - EMORAf1DUM s ,sas W j -mo,V1PMMilbard of County Commissioners ® '•I O Tovelan Miller, Rngtneering pate May 11 1989 COLORADO From tee n men-rise-1n. Assistant Weld County Attorney Contract Between the County of Weld and the Subject-. union Pacific Railroad Company Regarding Gray Crossing Warning Devise at Weld County Road 16, East of Highway 85 I have reviewed the contract and find it is acceptable for signature provided the following policies enunciated in the contract are accepted and understood by the Board. The contract basically provides that the Railroad shall pay nothing toward the expense of installing the gates but will provide maintenance indefinitely thereafter. The Railroad will actually perform the work and this contract obligates Weld County to reimburse the Railroad for all the work done regardless of whether or not Weld County is compensated. Should there be damage, under Article III, paragraph 4 , then the County is obligated to attempt to collect from the party causing the damage the cost necessary for the replacement and reimburse the Railroad up the amount recovered. In the event nothing can be recovered then the loss will be borne in proportions which will be established by the Colorado Public Utility Commission. It is my understanding that Weld County is in line for grant money which should pay for approximately 90% of the cost and should that money not be available, under Article IV, Section C, we could cancel the contract subject to the expenses incurred by the Railroad in planning for the project. There are 3 typographical errors which I have identified. Page 3 , Article III , paragraph 3 , the third to the last word in the last line should be "and" instead of "ant. " Article \V, Section 8, appears to be lacking a negative somewhere as it is my understanding the Railroad is claiming that there is no benefit to the Railroad. I would hesitate to add that by interlineation as I am not sure of the language but it may be appropriate to call that to their attention. A similar error is made in Section J on page 5 where we are supposed to transfer or sign the agreement and I would recommend interlineating the word "not" prior to the word "transfer" in the first line of Section J and having the Chairman initial that. n\pee Morrison Assistant County Attorney rm 890465 CORD16.PRX i Installation of Automatic , Flashing Light Signals and Gates, Mile Post 26.98, nr Fort Lupton, Colorado THIS CONTRACT, made this 31st day of May , 1989 , by and between COUNTY OF WELD, a county of the state of Colorado, (hereinafter the "Political Body"), and UNION PACIFIC RAILROAD COMPANY, a corporation of the state of Utah, (hereinafter called "Railroad") . WHEREAS, required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and WHEREAS, under authority of the laws and statues of the United States and the State of Colorado, funds have been allocated for the purpose of eliminating hazards to life and property for upgrading highway/railroad Grade Crossing Warning Devices at various locations in the State of Colorado under Section 203 of the Federal-Aid Highway Program; and WHEREAS, the Political Body, by resolution has the authority to enter into contracts, including contracts with railroads, for safeguarding life and property at highway/railroad grade crossings; and WHEREAS, it is desirable, for the benefit, convenience and safety of the public using the roadway and for the parties hereto that the improvements provided by this contract be accomplished by the Railroad's forces; and WHEREAS, the Railroad is willing to accomplish the improvements with its forces as hereinafter set forth, provided the cost thereof is assumed by the Political Body funds and Federal funds. NOW, THERFORE, it is hereby agreed that: ARTICLE I GENERAL PROVISIONS SECTION A. DEFINITIONS. The term "Work" shall include furnishing all materials and doing all work necessary to install highway warning devices at the crossing of County Road 16 and Union Railroad's tracks, near the City of Fort Lupton, State of Colorado, (hereinafter called "Grade Crossing Warning Devices"). FHWA U.S. Department of Transportation Federal Highway Administration FHPM 6-6-2-1 Federal-Aid Highway Program Manual Volume 6, Chapter 6, Section 2 subsection 1 MUTCD The Manual on Uniform Traffic Control Devices for Streets and Highways 890465 SECTION B. EXHIBITS. The exhibits listed below are hereto attached and made a part of this contract: Exhibit A Print showing general crossing location and general location of proposed Grade Crossing Warning Devices. Exhibit B The Railroad's Force Account Estimates to accomplish work. SECTION C. REFERENCE DOCUMENTS. The following are made a part of this contract by reference the same as if attached hereto including any supplements or amendments thereto dated prior to the date of this contract: FHPM 1-4-3 Dated April 25, 1975 FHPM 6-4-1-6 Dated September 10, 1976 FHPM 6-6-2-1 Dated April 25, 1975 FHPM 6-8-2-1 Dated July 3, 1974 MUTCD including FHWA Bulletin Dated April 1, 1977, "Part VIII - Traffic Control System for Railroad Highway Grade Crossings." ARTICLE II COMMITMENTS ON THE PART OF THE RAILROAD SECTION A. CROSSING AT GRADE. 1. Warning Devices. The Railroad agrees to accomplish all the work required hereunder relating to the installation of the Grade Crossing Warning Devices. a. The Railroad will prepare and submit to the Political Body, crossing sketch and estimates for the installation of the proposed Grade Crossing Warning Devices. b. The crossing sketch (Exhibit A) and estimates (Exhibit B), when and as approved by the parties hereto, shall govern the construction of the Grade Crossing Warning Devices. 2. Changes and Extra Work. No changes shall be made in the work which will materially increase the cost of the project as shown on the estimates (Exhibit B) or alter the character or scope of the work without prior authorization of the Political Body. Major changes and extra work must be approved in writing in advanced; minor changes and minor extra work may be performed and approval obtained retroactively. 3. Future Use of Warning Devices. If, hereafter, by agreement, negotiation, or order of competent public authority, the Grade Crossing Warning Devices are rendered unnecessary, undesirable, or improper by closing of said crossing, by relocation, by separation of grades, or by development or improvement in crossing technology or otherwise, such devices shall be removed, f396465 - 2 - and then reinstalled or salvaged as approved by the Colorado Public Utilities Commission. 1 4. Maintenance of Warning Devices. Upon completion of the work required under this Contract, the Railroad shall, at the expense of the Railroad, thereafter, operate, maintain, repair, and keep the Grade Crossing Warning Devices installed hereunder in a proper working condition; provided, however, that the Railroad shall be entitled to receive any contribution towards the cost of such operation or maintenance as may now or hereafter be made available by reason of any law, ordinance, regulations, order, grant, or by other lawful means or sources. ARTICLE III COMMITMENTS ON THE PART OF THE POLITICAL BODY SECTION A. POLITICAL BODY OBLIGATIONS. 1. Actual Costs. The Political Body shall reimburse the Railroad one hundred percent (100%) of the total actual costs of the Railroad. 2. Acceptance of the Railroad's Estimates. The estimated cost of the work to be performed by the Railroad under this contract is shown on the estimate marked Exhibit B. The subject estimate has been examined by the Political Body and judged to be satisfactory as a basis for reimbursing the Railroad, it being understood and agreed that the total reimbursement shall be made on the basis of the actual costs in accord with FHPM 1-4-3. The estimate is based on the Railroad's best judgment as to the actual cost of the work to be done by the Railroad, however, the estimate is not a guarantee as to actual costs. 3. Reimbursement of the Railroad by the Political Body. The Political Body agrees to reimburse the Railroad for all the work and services performed by the Railroad's forces, including the cost of preliminary engineering, in a total amount equalling the cost incurred by the Railroad in accord with FHPM 1-4-3. Railroad may present progressive billings and the Political Body shall make payment upon receipt of Railroad's statement, with the aggregate amount of such billings not to exceed ninety percent (90%) of the total estimated cost less any previous payments, and the Political Body shall make payment to the Railroad. Subsequent to the final audit, the Political Body will make final payment to the Railroad for work performed and materials furnished in accordance with this Agreement. The Railroad's billing for incurred costs of any such work by the Railroad's forces shall be audited by the Political Body for compliance with the aforesaid FHPM 1-4-3. Labor charges for any services or work performed by the Railroad's personnel sh 2�} be in accord with the then current working agreement between the Railroad an efts employees. 4. Accident Damage. Replacement of equipment necessitated by reason of accidental damage shall be made by the Railroad as soon as practical regardless of whether the likelihood of collection from the party or parties causing the damage shall have been determined at the time of need for such replacement. If an accident which destroys or damages the grade Crossing Warning Devices is the responsibility of a party or parties causing such destruction and the party or parties are not signatory to this Agreement, then the Political Body shall thereupon attempt to collect, from the party or parties causing the 890465 - 3 - I • damage or destruction, the full cost necessary for the replacement of the damaged parts. the Political Body will reimburse the Railroad for its actual expenses in such restoration up to the amount recovered by the Political Body and so used. In the event the Grade Crossing Warning Devices shall be damaged by vehicular accident or otherwise and the cost of necessary repairs shall not be collectible from the party or parties responsible, then the cost of such repairs shall be apportioned to and borne by the parties hereto and existing federal and state funding programs or other funding in such proportion as shall be determined by the Colorado Public Utilities Commission. ARTICLE IV ADDITIONAL PROVISIONS SECTION A. FEDERAL AID PROJECTS. It is understood that the project herein contemplated shall be financed in part from funds made available by the Federal Government and expended under Federal regulations; that all plans, estimates of cost, specifications, authorizations, awards of contracts, acceptance of work and procedures in general are subject at all time to all Federal laws, rules, regulations, orders and approvals applying to Federal projects. SECTION B. NO BENEFITS TO THE RAILROAD. Pursuant to 23 U.S.C. 130(b) and 49 C.F.R. 1.48, in accordance with Paragraph 6b(1 1 yPM 6-6-2-1, it is determined that the improvement herein provided willgt2diUlt in ascertainable benefits to the Railroad and, consequently, liability for the cost thereof shall not be assigned to the Railroad. SECTION C. CANCELLATION. f In the event fC� ins difficulties aazisag n securing necessary Federal approvals, or in acquring necessary right-of-way, or in settling damages or damage claims, or for any other reason, which in the opinion of the Political Body, render it impracticable to utilize Federal funds from the current appropriation for the construction of the project, then at any time before actual construction is started pursuant to proper notice, Federal approval f authority, the political Body may serve formal notice of cancellation upon the Railroad and this contract shall thereupon become null and void. In the event of any such cancellation, the Political Body shall reimburse the Railroad for all related preliminary engineering costs incurred by the Railroad prior to the effective cancellation date, along with any other properly incurred expenses due as of the cancellation date. SECTION D. APPLICATION TO PUBLIC UTILITIES COMMISSION. The Political Body has made/shall make application to the Pub) Utilities Commission for installation of Grade Crossing Warning Devices and for approval of the continuing maintenance provisions herein agreed to by the parties. The parties hereto shall cooperate in presenting all matters involved to said Public Utilities Commission, if any further matters are still to be presented. 896465 - 4 - SECTION E. APPROVAL BY PUBLIC UTILITIES COMMISSION. The provisions of this contract, pertaining to the modifications required in the Railroad's facilities, shall not become effective until approval thereof has been obtained from the Public Utilities Commission and an order issued. SECTION F, CIVIL RIGHTS. Ir, compliance with Title VI of the Civil Rights Act of 1964, and with Section 162(1) of the Federal Highway Act of 1973, the Railroad, for itself, its assignees and successors in interest, agrees as follows: See attached Schedule "A" SECTION G. REMEDIES FOR BREACH. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the highway and appurtenance in such condition as will not menace, endanger or interfere with the Railroad's employees, and the Political Body will reimburse the Railroad for the expense thereof. No termination of this Agreement shall affect any rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have risen prior to such termination. SECTION H. WAIVER OF BREACH. The waiver by the Railroad of a breach of any condition, covenant or agreement herein contained to be kept, observed, and performed by the Political Body shall not impair the right of the railroad to avail itself of any subsequent breach thereof. SECTION I. EFFECTIVE DATE. This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated by agreement of the parties or order of a competent authority. SECTION J. RIGHT NOT TRANSFERABLE. 4 The Political Body agrees/to transfer or assign this Agreement, or any interest therein, or any right granted thereunder, without the written consent of the Railroad, and it is agreed that any such transfer or assignment, whether voluntary, by operation of law, or otherwise, without such written consent, shall absolutely void and shall, at the option of the Railroad, terminate this Agreement. SECTION K. SUCCESSORS AND ASSIGNS. All of the covenants and provisions hereof shall, inure to the benefit of and binding upon the parties hereto, their successors and assigns. g90465 - 5 - • 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the date first herein written. WITNESS: UNION PACIFIC RAILROAD COMPANY By Gen-Director Contracts & Real Estate ATTEST: /lla14,54 1 Ems^'""^ mI COUNTY OF WELD ( By l--iA,LG�/ J ` Title: Chairman/ Board of County J \ Commissioners (Seal) Pursuant to Resolution No. N/A Passed _ May 31 1989, copy attached. $94465 • - 6 - '`V....... I __.........- _ 3,7- r--71-_------ -.4 -- 50 a 8 .120/44441, 3/0."na-s ri ~ Sy vitt.o co•WT/ 1 • .een.iwe CROSS 0uca 41/4V4044. AZ. tic_ s !v/ara iT r 6RSdiFy SWe7 �p 4FN✓EQ Iei 7b C.nod'Ye.YKt= — I 1 i w Z4'.4COne - H a k °y am-.._. -- P ti kg in a EXHIBIT "A" UNION PACIFIC RAILROAD COMPANY Fort Lupton, Weld County, Colorado M.P. 26.98 — Greeley Subdivision To accompany agreement with Weld County to install automatic flashing lights, with gates at County Rd. 16 . Scale: 1 " = 100' Office of Director—Ind. & Pub Projects Omaha, Nebraska April 20, 1989 * LEGEND * Crossing Area Shown RR R/W Shown _— __ 890465 �xhb, 1- l3 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD COMPANY FOR THE COLORADO-DEPARTMENT OF TRANSPORTATION DESCRIPTION OF WORK : INSTALL AUTOMATIC FLASHING, LIGHT CROSSING SIGNAL: WITH SATES AT C.R. 16 , N,F'. 26,98 . DOT 804375K LOCATION : FT. LUPTON SERVICE UNIT : tO DATE : 04/20/88 JOB DESCRIPTION LABOR MATERIAL TOTAL NO. HIGHWAY CROSSING SIGNALS ENGINEERING 4000 INSTALL SIGNALS :6448 29943 REMOVE XING SIGNS 100 LABOR ADDITIVES 12945 M.S.E. 2096 CONTINGENCIES 2045 2994 EQUIPMENT RENTAL 1500 PERSONAL EXPENSES 5250 40783 36533 ?7321 • TOTAL PROJECT 40788 36533 77321 EXISTING REUSABLE MATERIAL - NONE SALVAGE NONUSABLE MATERIAL - NONE NOTE ; SEE ATTACHED UORXSHEET TOTAL ESTIMATED COST OF PROJECT LESS CREDITS 77321 THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE CR DECREASE IN THE COST OR AMOUNT OF MATERIAL OR LABOR REQUIRED. THE STATE BILL BE BILLED FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT RATES EFFECTIVE THEREOF. 890465 II DATE : @4/20/83 SERVICE UNIT : 10 SHEET 1 OF. 2 -LCC;TIN . FT, LUPTON STATE COLORADO DESCRIPTION OF WORK : INSTALL AUTOMATIC FLASHING LIGHT CROSSING SIGNALS WITH GATES AT C.R. 16 , M.P. 26.38 , DOT 304375K I JO? I TAB I DESCRIFTION I QUTY ! UNIT I COST I LABOR I MATERIAL I PI I O.E. ! OTHER I AIR ' A ____GTC HIGHWAY WARNING DEVICES _ - -�- 749-21- 10 BATTERY, 75A-9 6 EA 141.0+ 346 BATTERY, 75A-23 6 EA 322.00 1S32 CONDUIT FIBRE 1 EA 29.00 27 GROUND ROD CONN. 4 EA 3.00 12 GROUND ROD 4 EA 11.00 44 WIRE, 2C 4 6 304 LF 0.85 255 MIRE, 5C 4 9 600 LF 1.90 600 M'RE, SC 46 0 EA 1.53 0 SIGN, TRACK 0 EA 20.00 0II SIGN, MCU'NTINr, KIT 4 EA 106.00 424 SIGN, RR XING 2 EA 54.00 tee BOND STRAN@ 100 LF 0.29 2? BOOTLEG 4 EA 25.00 100 FOUNDATION, GATE 2 EA 162.00 324 FOUNDATION, CABIN 4 EA 49.03 196 CABIN, 6' X 6' 1 EA 2362.00 2362 RECTIFIER 2 EA 235.00 570 TRANSFORMER 1 EA 93.00 93 BELL 2 EA 170.00 340 F.L.SIGNAL WIGATE 2 EA 4158.00 8316 HARMON, PM➢-2 1 EA 3094.00 8004 MONITOR 1 EA 653.00 653 RELAY, SLOW RELEASE 1 EA 225.00 225 RELAY, FLASHER 1 EA 469.00 469 RELAY. PD 1 EA 353.90 358 RELAY, LAMP CONTROL 1 EA 333.00 333 RELAY, 670 OWN 4PT. 2 EA 412.00 824 POLE I, POWER TAP 1 EA 715,00 715 GUARD RAIL 0 EA 500.00 0 RIPE 21' SECTION 3 EA 92.00 276 MISC, MAIL. ! LS 8850 'N WIRE HOUSE 44 MR 14.13 622 656 ENGINEERING 4000 INSTALL SIGNALS 1120 HR 14.11 15826 ADDITIVES 632 1X82 MSE 72 2096 CONTINGENCIES 102 2045 2994 • EQUIPMENT RENTAL 15 DAYS 100 1500 PERSONAL EXPENSES 15 DAYS 50 5250 40625 36533 77153 REMOVAL REMOVE XI G SIGNS 100 ADDITIVES 632 63 163 163 TOTALS 40788 36533 77321 •,:j(.1465 - T ' I ONIuVuO 01 51]3NN0] _ II A /i x d Ai; ® 1 s 47 rT Ti - 3- am^ a T ,yrry4? z5eo a , ••••. �?c n e p av d •.. r•;; I� O6' e Y•= ✓'. VII/ •l: K ILLcc- UV a V aU ooU a .. t- co tJ Z i L S7 $ • S. i if t S. 5.4 : � N= r'ili ayyD115N� yy "' - u ''I 1e40 20° y,_ g :Y"I. ot.. . NS Cflof Is!...-,:t l�i M1! i z•a�N 6SZ r4 W5 O Way Vmn &5r u1 ag`I--O I e O Ntlti V tC3 '^'^. M11: 0yi 7. i ySo'e yo .,93 a Y N Y :lg -!TyY xxp W%Ir Y �o1 !g'_ N _ . a `14.11 $ g3 a '. Y .o' - =- Y YJ \uN-O O rterieys,? N t\ 5 r Z Z p Os- 6:eta `;ti-N bb 4•5 •_ 9$9 W id: bY`3 .a _ ^°'°3- . 00 m 9 a k( .. 9 I'i7 x li • • • • • • "s X f t • a W.4 gX Vie ttin Ertl t IF Sill 41-61.4• m00i� it rl 'f: _ . 94.y2 Yeyn a .A3? lot's Z UI r g ,\ : • On,3.• ""-i +� Cc ti.,'" 473; o ?'. "Er 2- 2 _ N 1-7.3) :(i.-1:: • u S. wN__ z_ e ze• 'I ��' s -N - - r^ _ 'i+ 't'z ��tea : :_'�Yw L. :�Ye i ey =X .'•^ 'i„. .7-"r0§ it - ,< -.. Q.yj�L. yr !$- • RBA• =y' ::-8. l0�� •i ryry Tlv yu Zie i•t.Z &S.`iv:A:i .'4≥.J:'. .xC•u ti R aAAA A AA A A s 2 2 • ® Y ry . I 1 I • 0 ! ,--1-48' i -1 I 1 ONInvWO OA 5133NN03 • ' O 690465 J • Civil Rights Exhibit April, L980 t schedule A Nondiscrimination Provisions: In compliance with Title VI of the Civil Rights Ac- of + 964 and with Section 162(a) of the Federal Aid Highway Act of .373 , the railroad company, for itself, its assignees and successors in inter-st hereinafter referred to as the "Contractor, " agrees as follows : 1. Compliance with Resulations. The Contractor will co-ply with the evulac:ons or one Department of Transportation relative to nondiscrimination in Federally-assisted programs of the Cepart'ert of Transportation (Title 49, Code of Federal Regulations, Part 21, herein- after referred co as the "Regulations") , which are herein incorporated by reference and made a part of this contract. • 2. Nondiscrimination. The Contractor, with regard to the work performed by it arter award and prior to completion of the contract woe will not discriminate- on the ground of race, color, sex, mental or physical handicap, or national origin in the selection and. retencicn of Subcontractors, including procurements of materials and leases of • equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations. 3. Solicitaticns for Subcontracts. tncludine Procurement of Materials and iota:men: . In all solicitations eztnar by competitive btoding or negotiation made by the Contractor for work co be performed under a subcontract, including procurements of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor 's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or physical handicap or national origin. 4. Information and Retorts . The Contractor will provide all in- formation ant reports required by the Regulations . orders and in- structions issued pursuant thereto, and will permit access co its books , records, accounts, other sources of information, and its faci- lities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations , orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State. or the F 7A as appro- priate, 'and shall set forth what efforts have been made to obtain the information. 5. Sanctions for Noncomoliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract. the State shall impose such contract sanctions as it or the F:WA may determine co be appropriate, including but not limited to: 690465 • b, (a) Withholding of payments to the Contractor under the contract until the Contractor complies , and/or (b) Cancellation, termination or suspension of the contract, in whole or in part. 6. tncorooration of Provisions . The Contractor will incl_de the provisions of Paragraphs 1 tnro_gh 6 in every s hcont:act, in- cluding procurements of materials and leases of equipment, unl•_ss exempt by the Regulations , order, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State or the F4Wa may tirect as a means of enforcing such provisions including sanctions for non- compliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a Sub- contractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interests of the State and, in addition, the Contractor may request the FMWA to enter intb such litigation to protect the interests of the United States. • • • -2- • . 830465 RESOLUTION RE: APPROVE ENTRY BY WELD COUNTY PEST INSPECTOR UPON VARIOUS LANDS 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 or prior to May 5 , 1989 , Ron Broda, Weld County Pest Inspector, mailed notices to various landowners within Weld County advising them that lands owned or occupied by them contain Canada thistle, musk thistle, and/or leafy spurge, noxious weeds, and WHEREAS, said notices stated that the Canada thistle, musk thistle, and/or leafy spurge , noxious weeds , must be controlled or eradicated within ten days from the date of said notices, and gave recommendations as to what methods are to be used for such control or eradication, and WHEREAS, a copy of said list, containing the legal descriptions of the lands , and the names of those landowners who have failed to comply with said recommendations, is attached hereto and incorporated herein by reference, and WHEREAS, the County Pest Inspector has requested that the Board approve his entry upon lands, as set forth in said list, to effect the control or eradication of Canada thistle, musk thistle, and/or leafy spurge, noxious weeds, and WHEREAS, at its meeting of May 31 , 1989 , the Board did Find as follows: 1) That those landowners mentioned on the list are the owners of said land within a pest control district; 2) That Canada thistle, musk thistle, and/or leafy spurge, noxious weeds, are found upon said lands; 3) That said landowners received appropriate notice and such notice specified the best available means for control or eradication of Canada thistle, musk thistle, and/or leafy spurge, noxious weeds; and 4) That said landowners have not complied with the requirements as stated by the County Pest Inspector, and WHEREAS, pursuant to said Findings the Board deems it advisable to approve the entry by Ron Broda, Weld County Pest Inspector, upon said lands described in the list attached hereto, to effect the control or eradication of Canada thistle, musk thistle, and/or leafy spurge, noxious weeds. / ,. i.. . .,i';. 890464 Page 2 P.F. : ENTRY UPON LANDS NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board does hereby approve the entry by Ron Broda, Weld County Pest Inspector, upon various lands as set forth in the list attached hereto to effect the control or eradication of Canada thistle, musk thistle, and/or leafy spurge, noxious weeds. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of May, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST': WELD COUNTY,,, COLORADO Weld County Jerk and Recorder 71, ��,,4 and Clerk to the Board C.W. Kirby, Ch irman(.. ii' EX; l igf42?: . 14/ aCq ne Jo n on, Pro-Tem puty ounty Cl yr APPROVED AS TO FORM: Gene rantn George Kennedy 0. 7 C unty Attorney EXCUSED DATE OF SIGNING - AYE Gordon E. Lacy 890464 1 g'� C WELD COUNTY PEST AND WEED DEPARTMENT t �, 425 NOAtH 15TH AVENUE � EXHIBITION BUILDING, ISLAND GROVE PARK GREELEY, COLORADO 80631 PHONE NUMBER(303)356-4000. E%7. 4465 winiC. COLORADO May 23, 1989 Dear Weld County Commissioners: Under the Pest Control District Law, CRS, 35-5-108, I must seek approval or a right of entry from the Board of County Commissioners to enter on private land to carry out weed control measures. Below is a list of landowners, and the legal description of their land, that we may have to enforce on. I am seeking your approval to enter upon these lands. Name Lasal Parcel Edwin & Louise Anderson T2N R68W SEC 3 NE4 131303000020 Badding Estates T1N R67W SEC 16 NE4 146916000002 Floyd Binder, Dean & Esther Webber Co, Trustees T4N R67W SEC 10 NE4NE4 105910000004 T4N R67W SEC 20 SW4 105920000019 Colorado Jockey Club T3N R68W SEC 26 SW4 120726000004 Dos Rios Inc, Attn: Donald Allely T5N R66W SEC 34 NW4SE4 095934000028 T5N R66W SEC 34 NE4SE4 095934000026 Ronald & Robert Ehrlich T4N R67W SEC 22 NE4 105922000035 Ferme Farms T3N R67W SEC 14 N2 120914000002 T3N R67W SEC 14 S2 120914000003 Vern & Karen Hamilton T2N R68W SEC 24 NW4 131324000040 Clyde & Shirley Hardesty T4N R67W SEC 9 NE4SE4 105909000005 Richard L. Hein T1N R64W SEC 13 SW4 147513000023 Rueben Hergenreder T1N R63W SEC 18 NW4 147718000001 Alfred Herman T3N R66W SEC 32 SW4 121132000014 Barbara J. Johnson T2N R68W SEC 5 SW4 131305000048 Larry D. Loeffler T4N R65W SEC 26 S2 105526000003 Richard Mettler T1N R64W SEC 6 147506000021 Pine Lake Village T7N R67W SEC 17 NW4 070517000049 T7N R67W SEC 17 NW4 070517000050 Larry D. Simpson T6N R67W SEC 15 E2NE4 080715000024 State of Colo, William Peterson T8N R65W SEC 36 055136000019 Vessels Oil & Gas Co TIN R65W SEC 31 NE4 147331000034 Waas Investments T5N R66W SEC 25 095925000043 Randal & Melody Yeager c/o Citizens State Bank T1N R64W SEC 6 N2 147506000019 Thank you for your assistance. Sincerely, AfterTereG4L— Ronald J. Broda 890404 Weld County Pest Inspector RESOLUTION RE: APPROVE FINDINGS AND ORDER CONCERNING DUST BLOWING COMPLAINT - BERYL WILLITS WHEREAS , the Board of County Cormissioners 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 of Weld County, Colorado, has been informed, in accordance with Section 35-72-101 (1) , C.R.S. , that dust is blowing from property located in the S1/2 of Section 30, and the N3/4 of. Section 31 , Township 9 North, Range 61 West of the 6th P.M. , Weld County, Colorado, said property being owned by Beryl Willits, and WHEREAS, the Board has caused an inspection of the above described parcel of land, and WHEREAS, pursuant to the information and the inspection referred to above, a hearing before the Board was held on May 31 , 1989 , at which time the Board made Findings of Fact pursuant to Section 35-72-101 (1) , and WHEREAS, Beryl Willits, the landowner, was present at said hearing, and WHEREAS, upon said Findings of Fact, the Board did order that the owner and/or operator of said property, Beryl Willits, treat said property as described in the attached Findings and Order within the time limits stated therein, and WHEREAS, the Board deemed it advisable that a review hearing be scheduled for September 11 , 1989. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Chairman of the Board is authorized to sign said Findings and Order and that Beryl Willits is ordered to perform the treatment upon the above described parcel as stated in the attached Findings and Order of the Board of County Commissioners of Weld County, Colorado. BE IT FURTHER RESOLVED by the Board that a review hearing be, and hereby is, scheduled for September 11 , 1989 , at 10: 00 a.m. 890467 Page 2 RE: DUST PLOWING - WILLITS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of May, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST WELD COUNTY, COLORADO Weld County Cerk and Recorder gfi, and Clerk to the Poard C.W. Kir y, C irman BY: ) /IG-rx,gr_ l s. .v-4c4 'a ' ne .,'.jnson, Pro-Tem putt' County Cl rk �/ ,� /• APPROVED AS TO FORM: Gen" R. Brantner c----- George Kennedy County Att rney EXCUSED DATE OF SIGYING - NAY Gordon E. Lacy 890467 49t 368 3 x �,- r - 0 A co to cal 1 R1 O71 a St ch r r ... i r r i R O b N QS 1.11 N j L CO m 829 0 0C • x rz R CS P a :I 4 1 o e .g -I its co N • co E i1 wtill 11 S.C\I No S ill. 5 s i Tk' I II La. ,: , 3 5 g i, I I ri \s. i. 000 Qy rim" a I : i I f , g , PS Form 3800, June 1985 c ha td 7J OD h1 dO 7V m 4 •G C A [ 2Z rf crl iv\ t i OCy '. p O co m �y r ;'. 1 cn x r A _ lft m r - C o- I I > i r- i 4 %. / FINDINGS AND ORDER CF THE HOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO WHEREAS, the Board of County Commissioners of Weld County, Colorado, has been informed, in accordance with Section 35-72-103 (1) , C.R.S . , that dust is blowing from the following described parcel of lane: the S1/2 of Section 30, and the N3/4 of Section 31 , Township 9 North, Range 61 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, said parcel is owned, occupied, and/or operated by Beryl. Willits , and WHEREAS, the Board has caused an inspection of the above-described parcel of land, and WHEREAS, pursuant to the information and the inspection referred to above, a hearing before the Board was held on May 31 , 1989 . Beryl Willits was notified of said hearing by certified mail on May 23 , 1989 , and was present at the hearing. Ralph and Carol Cochran , the complainants, were notified of said hearing, but were not present. The Board made the following findings at said hearing, pursuant to Section 35-72-103 (1) : 1 . That soil is blowing from the land in sufficient quantity to be injurious to private property including, but not limited to, crops, grasslands, fences, fence rows, irrigation canals, ditches, or livestock on adjacent or other land, or to roads, borrow ditches, fences or other public property. 2. That an emergency exists. 3 . That the operation appears to have been in existence for more than one year and the operation is negligent. 4. That such blowing can be prevented or materially lessened by treatment of the soil. 5. That property damage appears to be resulting from soil • blowing. 290467 Page 2 FINDINGS AND ORDER - WILLITS IT IS HEREBY ORDERED by the Board of County Commissioners of Weld County, Colorado, pursuant to Section 35-72-103 (1) , C.R.S. , that Beryl Willits follow the recommended treatment plan as follows: 1) Normal planting techniques shall be used to plant a cover crop by June 15 , 1989; and 2) Soil tillage practices that are more timely shall be implemented so that crop residues are retained on or near the soil surface. DATED THIS 31st day of May, 1989 . BOARD OF COUNTY COMMISSICNERS ATTEST: :n.I WELD COUNTY, COLORADO Weld County Jerk and Recorder and Clerk to the Bo R� v r'11 ,2 .��-,1 ) Hy: diteLteri Deputy County C er c C.W. Kirby, ChAirman 1' 890467 UNITED STATES 4302 West 9th Street Road DEPARTMENT OF Soil Conservation Service Greeley, Colorado 80634 AGRICULTURE Greeley Field Office (303) 356-6506 MAY 9 128E TV May 25, 1989 • • F.`" •col.) ArroRNEYS Bruce F:arker- Assistant County Attorney Weld Co . P.O. cox 758 Greeley, CO 80632 • Dear Mr . Barker ; Or. May 2, , 1909 G.W. Scott , Soil Conservationist, Greeley Field Office , investigated the soil blowing complaint on the Beryl Willits farm located in the North 3/4 Section 30, and the W 1/^c + S 1/Z NE 1/4 Section 31 T9 61W. Mr. Scott found evidence that a portion of the area in section 30 had blown but did not cause that much damage to fence row or the county road barrow ditch . Mr . Willits has evidently tried to establish strip cropping with north-south strips of 170 ' width , however , dry conditions and poor wheat growth and inadequate crop residues have not provided surface protection . In section 31 the east portions of these fields have blown and depostion of soil material has accumulated in the fence row as well as on the ;brass in the adjacent field. The cropland area in Section 31 is presently in the Conservation Reserve Program (CRP) and is scheduled to have cover- crop with permanent grasses seeded this fall or early next spring . The current blowing problem is difficult to address as it appears the producer has performed excessive shallow tillage, which has left the soil surface very loose and dry. It is doubtful if deep chiseling would produce adequate surface roughness to lessen wind erosion potential . Dry conditions and tillage will also dry the soil profile more, which will lesser. the ability to establish a cover corp . I would suggest we allow Mr . Willits to proceed with normal planting techniques to plant a cover crop by June 15, 19=9. Further evaluation should take place later this summer if further action will be required to prevent blowing this fall . 890467 Page 2 I would suggest Mr . Willits get into conservation planning and implementation of soil tillage practices that are more timely and with implements that retain crop residues on or near the sail surface. I have enclosed an aerial photo copy indicating field boundaries and blowing problem areas . If you have any further questions please contact me . sir ly, • w�c.i- Ronald D. Mi l ler- District Conservationist Greeley Field Office • RDM/gg • attachments 890467 r ih ,04 frUv '�•{i4 41. \. lr-.11• T._ t. . . \ µY,�y - ",l,Z. +�. A,. ice• w ::*.art14+J".s41.4.1.:11:t.."7•%‘:••• t Iva •S,v r,higi1ni1 !Yr. , r �,wu —4 t-47r Yr� `"•�s.-�'+-r�•l. •� r + ¢ I r. 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' '�.; 3i�''it: {"'•'" �+,y[1 . � ''Tai 5 ,' t r w .,'J• 't , gel,.:. 1.4- .`111. }♦ I'\:•rd .q fir. a ti , ry ' f V f�1h- Y vrrlfrh �4t ,F /`•' ! s,.._4 is r\ 1�i ; •fir �i� ' o :',• �1.' `�w�',�-}�"": �"' ex _.. a. ,. yc�.a.• .1' - : tf ttO MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER P.O. BOX 758 GREELEY, COLORADO 80632 (303)356.4000 EXT.4225 May 23, 1989 COLORADO Beryl Willits 2820 Grand View Dr. Greeley, Co 20634 RE: Dust blowing complaint for property located in the S1/2 of Section 30, and the N3/4 of Section 31, Township 9 North, Range 61 West of the 6th P.M., Weld County, Colorado Dear Mr. Willits: The Board of County Commissioners of Weld County, Colorado, has been informed that dust is blowing from a parcel of land owned by you, as hereinabove described. According to the information received, the soil is moving from said parcel and is causing damage to surrounding properties. Pursuant to Section 35-72-102(b) , C.R.S., it is the duty of the owner or occupier of any land in the State of Colorado to prevent soil blowing from such land. The Board will hear the matter at its regularly scheduled meeting of Wednesday, May 31, 1989, at 9:00 a.m. The meeting will take place in the First Floor Meeting Roan, Weld County Centennial Center Complex, 915 Tenth Street, Greeley, Colorado. You may be present at the meeting in order to give testimony relative to the dust blowing problem. The Board requested an inspection of the above-described property and the inspector will be present at the meeting in order to inform the Board what his inspection revealed and recommend treatment of the property. Pursuant to Section 35-72-103(1) , C.R.S., the Board of County Camiissioners may order certain treatment of the parcel so as to reduce or abate the dust blowing therefrom. If you have any questions concerning this matter, please contact the County Attorney's Office, 356-4000, ext. 4391. Very truly yours, Mary Ann Feuerstein Weld County Clerk and Recorder 11 Depu ty C erk 890467 X I T --- _J c .c N z S W T i,c. L 7 Y7 O -..t C'1 A w c V•3 01 a w a A o '\p w .1 O ..4 ' ,- 3 W CNa F, ,fi r • + v ` l° PII N G.J SO61 aunt •00BC WAod Sd T3- • 1 S Olt k 1 1 g g .11. 1 tii 4 Itileil 1111 • f Fy Q a OS o . h d0 al E as 1 Q cn .0 'fir et • ta q ,-, O i II .4 z V °DP ..:C 1 snu g 3 st co NI C2 1 I O203 __.__ ex jai xin: 2 890467 (' 48776 WCR 89 ,..., ti , Briggsdale, CO 80611 ( g May 27 , 1989 Iv Board of Commissioners P.O. Box 758 Greeley, CO 80632 Dear Commissioners , We called the county attonery' s office May 19, 1989, to file a complaintabout blowing dirt on land belonging to Beryl Willits , 2820 Grand View Dr. , Greeley, CO 80631 . The land that is blowing is located at Sections 30 and 31 of 9N - 61W in Weld County (both sides of WCR 100, west of WCR 87 ) . We have a record of calling Mr. Willits about this on the following dates : 1-16-88 ; 5-8-88 ; 1-16-89 ; 3-17-89 and :5-19-89. There were many other dates when it. blew. We also called the ASC office on 4-27-89 for information concerning the problem. Enclosed find pictures of fences and pastures taken last fall and now. They show damages to fences and pastures . We are sorry to have to complain, but it is a serious problem. We feel Mr . Willits needs advice to solve it . Sincerely, p Ate Linker/ Ralph E. Cochran Carol Ann Cochran 48776 WCR 89 Briggsdale, CO 80611 890467 (1 cc • • • st I k.., t ,i, , . 2,,,..,....,-.41c,1/4.1., C....,:t.i-te7a....$41.•••&_9 12'Nc'e,'2:‘,4 (t``r a ',Cr^.. 1. -..4.. . .L ',NJ.--_: w 1,-,• rif-.l- ar 4 '/ V t ;eq•tk , . . Vr) r ::.....::: .iii, . , :• , fi . ,f t r t • i,[\�' ft r+Yrir.�l tJ i_�,...::,...,,,,,:„Ti.., �J r/•r 1'�v+ J. .� l -x t\\\\1 >w" i1r�"/ Y...' r r yJ� .'"'^YIy/ /r�S s ♦. _.. .......„i>. r ...in ( ((�N YI �'� �, } new rtt. f .. �Sy� �r 'fA^ I i Y4 ♦ f I. �. /Y �♦ Y} Yr * ♦ Y. a 'AI 4.gt rr.� r✓./r ♦•< 1l �I.t?[ts Jf p. f� "� Z :Yarw i t"' �• \ ; I rift: r i ;a / 4 - ' �H t z. $ r y.• —'.‘ N As 3�+ `yyv' M,/ 1- .1`' te•r vir •-r'r: i?""�'. e1PY J�` •i\ a''' M. «!•r"r � ;y lY. •t�i.tw �' f��9aaa lc 1 r (� ttt • S `�� r ♦ " ? r.NY}p:...-'7.1.a.::!. �...1.... �t'Jf. � M1 �/'�Y �. • .41. `. t..“ ' 't. t4 CI'. tit,ie.. rat, 7s44.Cr-'-'4;.-- (N. lb VS--rer-tnr..--fircet-----•wsdr.---;--1...,?5„....,- - _ ,... ...,. re.. lsrZettne9h..S.Je# seiNglihk , � c 890467 P • •I'r '�� - v.. a ;(,}�" to {� T o A ✓1(Y Ae NS i �1.� A�;41-k, * u-?..c. V1 � � • Q � /' " �� /.t�\/(•f�yty/f!`n9 �f13y�1 ynY ;,,.r �a�i.`r r yI t/ r f�,C 1 v. Ftlyr' Vf. �h ektrA ' ^4 "•v1X ffT/ .l4l FA'f' L Y t}1 e1,Le1s*i 24 r • NC) Lk: J• w• • r 1 i • tiN • r� ' •• :} r „ • • 890467 RESOLUTION RE: APPROVE INSTALLATION OF "STOP AHEAD" AND "STOP" SIGNS ON WELD COUNTY ROAD 12 AT ITS INTERSECTION WITH WELD COUNTY ROAD 5 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 Weld County Engineering Department has recommended to the Board that "Stop Ahead" and "Stop" signs be installed on Weld County Road 12 at its intersection with Weld County Road 5 , to insure safety to the traveling public, and WHEREAS, the Board has determined that said traffic devices are necessary for the protection of the general public. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Department of Engineering be , and hereby is, directed to install "Stop Ahead" and "Stop" signs on Wel5 County Road 12, at its intersection with Weld County Road 5, for the safety of the general public, and that said signs must conform to the State manual and specifications. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 5th day of June, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: ‘727P/ .(�rJ WELD COUNTY, COLORADO . Weld County erk and Recorder �i// lL and Clerk to the Board C.W. Kirby, Ch rman NV 424.2 _it1; j Jacou e JoGjison, Pro-Tem DCputy County erk • APPROVkD A' TO FORM: Gene R. Brantn r Yed / d� � George Kennedy County Attorney EXCUSED DATE OF SIGNING - AYE Gordon E. Lacy y 890463 1 II- Pro�on°d (Proposed ) cbo' e excs7,N9 °P cro�,rccd -/q / Shoo ,9,4raci Grovel :PeK ra 0 / a1 (ftopo:-Pd ) Proposed CGorae ems CvGsrooO' -la SC,lop rp i I b 3 1 I i ScZ • Grovel wcR rD , a C/r/5 f j 510p ✓ \ 4' 893463 . . 54‘ire, '0 (Akid i a x. 47 49,71. of c"fi.G� ,rp✓Ikc i ✓ J ', F : /fro Fric &4r0/ ti :i(PS \\ C t_. -, / ;0 -, cc Wei? .5 4 rti e,? f n 1/4 05,147/{.--/ rO� toc WCs as eery, vere-10 goods Coy^%�'9 °Into wc�' 5 cock? 6) , 7411 014pr / i5 f rt�_' 57;,,r, eyr p &QC/e . oreile e_v ;1 G aciCO I Sigh d olio -f1 s- o/? ll c �Pco�^w^ P i • l wc� 1�? Co '� Y ;flies +//'� Ir �7ri ,c d /� O Soh Pic . °� J fo fired ne* 1%e 7rrovc J -�o wc (z 5 )° ' a o ry / h s/a// ed 1 ..\ arco, clop-lee ce wr l� -�o be �, 5, 9/! S r r' nof�r0ii Cla ;ir �F.r , / ,^nn r /✓o / G I / �' Y/�hVei op, UN/I (J✓ 4N see Q-Ncr/rJ cloa,g.., � ;�,,c-/ r //y / rf apPr✓i:Or ��r7r a cC Scinpo ditt3463 MEMORAFIDU Clerk to the Board May 30, 1989 To Drew Scheltinga, County Engineer�� (,,//�yo n ry) /i COLORADO From l',T /f// /�N Agenda Item Subiecc Please place the following item on the Board's next agenda: Stop Sign request on Weld County Road 12 at Weld County Road 5 A memo and sketch are attached. DLS/mw:mrdl2 xc: Commissioner Lacy WCR 5 WCR 12 89C4.63 RESOLUTION RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW NO. 498 , ISSUED TO HIGH COUNTRY TURF 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 Department of Planning Services has informed the Board that certain Development Standards as approved for Use by Special Review No. 498 may not be in compliance, and WHEREAS, on May 31 , 1989, a Probable Cause Hearing was held to consider whether there is sufficient evidence to schedule a Show Cause Hearing to determine whether the owners/operators are in compliance with Development Standards #1 and #5 of Use by Special Review No. 498, issued to High Country Turf, and WHEREAS, the property on which the violations are alleged to he occurring is described as the SW} and part of the SE* of Section 26 , Township 2 North, Range 68 West of the 6th P.U. , weld County, Colorado, and WHEREAS, High Country Turf was represented by Harold Taggart at said Probable Cause Hearing, and WHEREAS, the Board, after hearing testimony, finds that there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not Use by Special Review No. 498, issued to High Country Turf, should be revoked for failure to comply with certain Development Standards, and WHEREAS, the Board shall hoar evidence and testimony from all interested parties at said Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Use by Special Review No. 498, issued to High County Turf, should be revoked. BE IT FURTHER RESOLVED by the Board that the issues to be considered by the Board at said Show Cause Hearing are as follows: 1 . Whether or not the uses currently being conducted on the site are in violation of Development Standard #1 , which stated that the uses permitted shall include the nursery and landscaping business. • 890469 Page 2 RE: SET SHOW CAUSE HEARING - USR #498 2 . Whether or not the additional uses on the property are material deviations from the plans, in violation of Development Standard #5, which states that material deviations shall require the approval of an amendment to the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes are permitted. BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing shall be June 23, 1989 , at 10 : 00 a.m. , and the hearing shall be held in the First Floor Wearing Room of the Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of May, A.D. , 1989 . // e_cnju&) BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.W. Kir y, C trman 1 ne Jo on, Pro-Tem 1" puty County erk APPROVED AS TO FORM: ,ene R. Brantner George Kennedy County Attorney EXCUSED DATE OF SIGNING - AYE Gordon E. Lacy 890469 PROBABLE CAUSE DATE: May 31, 1989 CASE NUMBER: ZCH-50 USR NUMBER: 498 PROPERTY OWNERS Harold E. Taggert High Country Turf O.F.T., Inc. J. B. Telleen 1010 Gapter Road P.O. Box 606 1010 Gapter Road Boulder, CO 80302 Frederick, CO 80302 Boulder, CO 80302 LEGAL DESCRIPTION: SW and part of the SEi of Section 26, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: East of L-25 Frontage Road, north of Weld County Road 16 It is the opinion of the Department of Planning Services' staff that the following Standards, as approved for USR-498 are not in compliance: Development Standard #1 • "The uses permitted on this site shall include the nursery and landscaping business as described in the application materials on file in the Weld County Department of Planning Services." Uses currently being conducted on the Special Review permit site include a pallet business (which was permitted under USR-498) , a consulting business, and a recreational facility for model airplanes. The site does not appear to be used for a nursery or landscaping business. Development Standard 45 "The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards, as shown or stated above, shall require the approval of an amendment to the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. r Any other changes shall be filed in the office of the Department of Planning Services." The additional uses being conducted on the property are material deviations from the plans approved and require an amendment to the Special Review permit. In addition, parts of the property have been sold and the site is now in three separate ownerships. 890469 ZCH-50 USR-498 Page 2 Based upon the above information, the Department of Planning Services' staff recommends that the Board of County Commissioners schedule a "Show Cause" public hearing on June 28, 1989, to consider revocation of USR-498. 890469 Case Summary ZCH-50 High Country Turf June 23, 1982 - USR-498 approved. March 13, 1989 - Received letter from Mr. Butcher regarding uses of the property. March 16, 1989 - Property inspected. At staff meeting, Department of Planning Services staff decided more information needed. March 20, 1989 - Received new letter from Mr. Butcher. April 5, 1989 - Staff met with Mr. Butcher in person. April 17, 1989 - Zoning compliance letter sent to Mr. Butcher, Mr. Taggert, and Mr. Telleen. May 12, 1989 - Chuck Cunliffe, Lee Morrison and Lanell Curry met with Mr. Butcher, Mr. Taggert and Mr. Telleen. May 18, 1989 - Surrounding property owners notified of Probable Cause Hearing. 890469 • ,'! JUL 09 1332 RESOLUTION L_I�.- RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A NURSE4Md*Nk4Appnizon SCAPING BUSINESS - HIGH COUNTRY TURF - JOHN W. BUTCHER 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 held a public hearing on the 23rd day of June, 1982, at the hour of 2: 00 o' clock p.m. , in the Chambers of the Board for the purpose of hearing the application of High Country Turf - John W. Butcher, 7440 I-25 Frontage Road, Erie, Colorado 80516, for a Use by Special Review for a nursery and landscaping business, on the following described real estate, to-wit: Part of the Southwest quarter of Section 26, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24.4. 4.2 of the Weld County Zoning Ordi- nance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Plan- ning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, finds that: 1.. The submitted materials are in compliance with the application requirements of Section 24. 7 of the Weld County Zoning Ordinance; 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows : a) The proposal is consistent with the Comprehensive Plan in that policies of the 'plan promote agribusi- . nesses so long as they do not create negative impacts on the environment or the County. No such impacts have been identified with this proposal. The pro- posal is consistent with the intent of the Agricul- tural Zone District in that the use does not consti- tute an interference with agricultural activities. b) The use is both compatible with existing agricultural activity and with land use which is coat elated to be Sri ul tt. a reAer_.7e 7l.?.:: a�_ c _ 1 in the. C,T__�..>_. _ 890469 Page 2 RE: USR, - HIGH COUNTRY TURF . 3. Operation and design standards provide adequate protection of the health, safety and welfare of the neighborhood and the County: a) The Tri-Area Planning Commission has no objections to the proposed use. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application for a Use by Special Review for a nursery and landscaping business on the hereinabove described tract of land be, and hereby is, granted subject to the following conditions : 1. The attached standards for use by special review be adopted. 2. The plat for the Use by Special Review permit be placed on record by the Department of Planning Services staff prior to any building permits being issued on the site. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of June, A.D. , 1982. �7 BOARD OF COUNTY COMMISSIONERS . ATTEST: 1 k2it1A^^^ T t(' ` e''ri WELD COUNTY, COLORADO Weld County Clerk arid- Recorder �, /, �J• ; and Clerk to the Boa @ l John Martin, Chairman Deputy County Clerk Chuck Carlson, Pro-Tem APPROVED AS TO FORM: EXCUSED Norman Carlson / County Attorney W. Kirby e K. Steinmark • DATE PRESENTED: July 7, 1982 890469 i /.. /. : . • • HIGH COUNTRY TURF USR-498:82:13 Operation Standards 1. The uses permitted on this site shall include the nursery and landscaping business as described in the application materials on file in the Weld County Department of Planning Services. 2. Prior to issuing any building permits for new construction, a Geologic Hazard Overlay District permit shall be required. 3. ,Design standards for Uses by Special Review, Section 24.5 et. seq. of the Weld County Zoning Ordinance shall be complied with. 4. Operations Standards for Uses by Special Review, Section 24.6 et. seq. of the Weld County Zoning Ordinance shall be complied with. 5. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards, as shown or stated above, shall require the approval of an amendment to the Permit the Weld County Planning Commission and the Board of County Comm- oners before such changes from the plans and/or Standards permitted. Any other changes shall be filed in the office of the Department of Planning Services. 6. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board. of County Commissioners. ADDITIONAL COUNTS: Since no new building development is proposed, this application was considered exempt from section 27 of the Weld County Zoning Ordinance. However, the location of this proposal is in a low hazard geologic area and would require a geologic hazard permit for new development. RA:bn 890469 r OEPARC . .ENT OF PLANNING SERVICES � y1i�. , ,re ��t £ * ,� PHONE(303)356.4000 EXT.4400 91510th STREET ep • GREELEY,COLORADO 80631 @ ru 1N t a COLORADO April 7, 1989 Secretary of State Corporations Division 1560 Droadway Denver, CO 80202 Dear Eudora Secretary: • The Weld County Department of Planning Services and the geld County Attorney's Office require information regarding O.F.T. . Inc., including the name and address of its registered agent and its status as a Colorado Corporation. Please reply to Lee D. Morrison, Assistant County Attorney, P.O. Box 1943, Greeley, CO 80632. If there are any chcrges for your service, a bill may also be forwarded to Mr. Morrison. Thank you. Sincerely, Lane'_ S. Curry Current Planner LJC:r;g `[ pPR 17 1989 Lam` 890469 Weld CO. ttAm 4 fl. ( ` • • C _ _ 2A77- A. Ail rRE ',AYE ..__'f =..:.-G_ _ . CC_.NT. CUNT 890469 _.-Y -'"-` =To 7YE - -T`�-- ---- FL"LT:H177;77.7 �. R..0:'. 7-7-";7: -' S!'..S. :ATE_ CC. _SA' :\:t'_ 1'! =) •'"/3!:/72,. =TATE I.'CO C ZT:SN __"° :P° =` T - -^N- LAc S'=r= :=7,71S'== "- �° i V L'a a '.4P'= c= -=c. :77 =^_4LNT- 7117. :CUNT- _ 890469 . Y- .. .r-. -�'�... ... . .. _LA --A-:S I_.1 890469 INSPECTOR'S REPORT REPORT ON DISCUSSION WITH JOHN BUTCHER AND DEPARTMENT OF PLANNING SERVICES' STAFF NAME: HIGH COUNTRY TURF LEGAL DESCRIPTION OF PROPERTY: SW 1/4 OF SECTION 26, T2N, R68W, OF THE 6TH P.M. , WELD COUNTY, COLORADO DATE: APRIL 13, 1589 CASE NUMBER: USR-498:82:13 The Department of Planning Services received a letter from Mr. John Butcher on March 13. An inspection of the property was made on March 16 in order to determine compliance with approved standards and in order to answer questions set forth in Mr. Butcher's letter. As pointed out by Mr. Butcher in his letter, the office and shop area has been located north of the area shown on the special review permit plat. Structures in this area include a house and a mobile home. The pallet business is still located in the southwest corner of the site. The property is no longer used for growing sod. A double-wide mobile home was stored adjacent to the frontage read west of the house and single-wide mobile home. Property research showed the north portion of the property was divided in violation of the Weld County Subdivision Regulations. A lot of an approved recorded exemption was divided and conveyed without amending the recorded exemption. The special review permit site is now divided in four separate parcels and three separate ownerships. At a meeting on March 16, the staff determined more information was needed about the single-wide mobile home on the property and the proposed pole barn. Mr. Butcher was notified by phone of the additional information needed. A new letter from Mr. Butcher was received on March 20. The staff discussed the new letter and invited Yr. Butcher to meet with the staff on April 5 The following statements were made by Mr. Butcher during the April 5 meeting: 1) The single-wide mobile home on the property in the shop and office area is rented and is not used as an office. In the future, he plans to have someone live in it and work with the consulting business. 2) At present, Mr. Butcher is working with the Oil and Gas Commission on reclamation and restoration of oil field locations. The double-wide mobile home would be used as an office for the oil and gas support and service as well as other types of consulting work. Mr. Butcher plans on employing one person beside himself. 890469 (- . Inspector's Report High Country Turf April 13, 1939 Page 2 3) The special review permit site has been split from one parcel into four parcels. Lot A of recorded exemption 865 was split and the eastern portion was conveyed to Harold E. Taggert and J. B. Telleen on January S, 1988. The remainder of Lot A is in the name of O.F.T. , Inc. as is Lot B of the recorded exemption. The south half of the special review permit site is in the name of High Country Turf. 4) The pallet business on the southwest corner of the site does not supply pallets to the landscaping business, although equipment is shared between the pallet business and the landscaping business. Mr. Martinez, who owns the pallet business, rents the property. Mr. Martinez stated in a discussion on April 13 that his business race is ;LM Shipper Supply. He brings in broken pallets from various sources, rebuilds them and sells them to different companies such as sod farms, grocery stores, and vegetable growers. He said he rents 2-3 acres from High Country Turf. 5) The eastern portion of Lot A of recorded exemption 865, which was transferred in January, 1988, is being used for flying model airplanes. I have asked for additional information about this use. 890469 Staff meeting 3/16/89 (JOHN W. BUTCHER 7440 East I-25 Frontage Road Erie, Colorado 80516 (303) 651-2369 March 12 , 1939 Lanell J . Curry Department of Planning Services 915 10th Street Greeley, CO 80631 Re : USR.-493 : 32 : 13 MAR 1 .31989 HIGH COUNTRY TURF He li Co. 1anaia is ssiat. Dear Ms . C':%.rry . As a follow-up to our meeting of last week, please be advised as to the following changes that have evolved in the operation of this farm date of the issuance e of USR .from the •a nc the ., .n . This notice is in accordance with the notice requirements set forth in the USR "Operation Standards . " The changes are: 1- The pivot sprinkler has been removed as it developed maintenance problems that made continued operation uneconomical . The farm is currently flood irrigated . 2- The partners in High Country Turf elected to divide their respective interests in the land and quit growing Kentucky Blue Grass sod . As a result , it was decided the office and shop facilities would be moved to the position illustrated on the attached map. All of the remaining terms and conditions are the same as at the time the USR was issued. The nature and extent of the changes set forth above are obviously of such a. minor nature it fits within the definition that requires the changes simply be filed in the office of the Department of Planning Services and does not fit the definition of -material deviation from the plans and/or standards" that require approval of an amendment to the Permit by the Weld County Planning Commission . Such action is earnestly solicited . I need a quick approval of this formal notice of change of Operation Standards in that I have a pending case in District Court (Case No , 39-CV-150 ; Division I ) which involves an issue of whether or not the requirement for a building permit on a "pole barn" is being applied without discrimination to all residents of Weld County. I have tentatively agreed with the County Attorney (Mr. Lee Morrison) to settle our dispute regarding this case and move the pole barn to the location specified on the attached map 890469 where, in its new location, it will be a pole barn in an : gricultur•al setting and therefore not need a building permit . Our agreement is that the building will be moved prior to May 15 , 1989 . I understand your next staff meeting is Tuesday . March 14 ; thus , I will check with you on the 15th or 16th to wet the staff approval so I , in turn , can make arrangements to get a ho'.zsemover to start on the move of the pole barn. Sincerely , n .l ( 1Y/ John W. Butcher cc : Lee Morrison , Esquire Enclosure : Drawing illustrating changes • 890469 p \\\ c a. a Fib N— « (300 K Q55 ' 5w re e. ` IQ0 n y FNON7q G£ 0 NO4u S.009 001 00"E, i • ' " 2664.78' "' v.0s�r 4 S 5�y-ry -.A F II II I. 0 Z g• I itn.1 kt C Pi I C N a • 000 a N v CA kyo ii n 72. m 5 Ina Ci to 10 Co 0 O a b CO w + N � 17 `JI l' —4 ?. 7-7 n • a a A rtqo n -i-� 5 :r) Po r` c a .Ezty 0. A 8�fltW iI \ ` ► ? � �'` N -- • W I (.1) c !t� _ I " • a O 2 N P P .r CD • 1 jQ t zz 0li a (al ? tai,_ � -N oa ? w 0) 0 (4 . N .-t co � othA N w o - w V 0 o co p n1 "A N' O) UI ° • � 0b , c0 a co t _ a SO 93 v Mr, l'� m N I-13. M W CO SO CT) = Q TE 0 vvam � l 't0- 01 N N . rn o V — � O CT V N .5., • Z a w m co CC., V W w E . n 0 890469 . . s �N• JOHN W. BUTCHER( , 7440 East 1-25 Frontage Road Erie, Colorado 80516 (303) 651-2369 March 19 , 1989 Lanell J . Curry Department of Planning Services 915 10th Street Greeley, CO 80631 Re: USR-492 : 32 : 13 HIGH COUNTRY TURF Dear Ms . Curry : In response to your telephone request of March 17 , 1939 , the following information is being included to update the subject USR . OFFICE FACILITY The intended use of the office is to provide a drafting room to prepare original drawings of yards , landscaping plans , sprinkler layouts and the like . A blueprint duplication machine will be used to prepare blueprints from these original drawings . The office will also include at least one secretarial desk and one or more business desks complete with one IBM quietwriter; an IBM Selectric II ; and an IBM PC computer. These machines will he used to compute various bids , type letters, store cost information, and accomplish miscellaneous tasks normally associated with this type of work . The office will also include a Sharp Z-60 copy machine for making copies of drawings , letters and the like . Several four drawer metal file cabinets will also be required . The office will include running water, and indoor toilets complete with a septic system. It will also require electrical service to operate the machines mentioned hereInabove . The appropriate permits will be obtained . Iplan to use a telephone extension line to tie my existing u es,5e business and personal telephone to the office . SHOP FACTLITY The pole barn will be used to store machinery such as , for example , one or more tractors with front end loaders and box blades . Additionally, material such as fertilizer, lawn treatment chemicals sprinkler heads , pipe , valves and the like may he stored inside the facility to keep them out of the weather. Minor repair to equipment such as grass seeders, box 890469 (.i blades , and the like may be made within the shop facility , The chop will not require indoor plumbing or wiring for electrical power , It will initially be used as an "agricultural pole barn- as is customary in the county. PALLET REPAIR FACILITY This facility has been in continuous operation for the past seven years ( since the initial approval of this USR) . The facility has been operated by Leo J . Martinez . It includes a facility for a telephone and an electric meter. Access to the facility is from County Road 16 over a Martin Oil Company lease road . Sincerely,tl• W ' ., __. w•- (A) John W , Butcher cc : Lee Morrison , Esq. _ rr MAR 01989 L. .1 WO CO. Pfauwuk iuomaw w. 890469 • 1 DEPART "ENT OF PLANNING SERVICES PHONE(303)3564000 EXT.4400 r�'ttpoo 915101n STREET GREELEY,COLORADO 80631 I I 0 • COLORADO April 17, 1989 High Country Turf 1010 Gapter Road Boulder, CO 80302 Subject: ZCH-50 Dear Sirs: An on-site inspection of your property was conducted on March 16, to determine if the Conditions of Approval and the Development Standards placed on your property at the time USR-498:82:13 was approved by the Board of County Commissioners are in compliance. The inspection and the staff's discussion with Mr. John Butcher on April 5, revealed violations of Development Standards #1 and 5. A copy of these items from the approved resolution are enclosed. The Use by Special Review area must be brought into compliance with the Conditions of Approval and the Development Standards within 30 days from the date of this letter. Noncompliance will result in our office scheduling a Probable Cause Hearing before the Board of County Commissioners. If the Board determines there is sufficient probable cause to warrant further action, a Show Cause Hearing will be scheduled to consider revocation of the Use by Special Review permit. If you have information that may clear up this matter, please call or write. Sincerely, Lanett J. Curry Current Planner LJC:dn enclosures pc O.F.T. Incorporated ✓Harold E. Taggert P.O. Box 606 J.B. Telleen Frederick, CO 80302 1010 Gapter Road Boulder, CO 80302 L 4 t1 -$q 590469 INTERNAL CASE MEMORANDUM TO: File FROM: Lanell Curry, Current Planner NAME: High Country Turf ADDRESS: 7440 East 1-25 Frontage Road Erie, CO 80516 LEGAL DESCRIPTION OF PROPERTY: SWI and part of the SE; of Section 26, T2N, R6SW of the 6th P.M. , Weld County, Colorado DATE: May 15, 1989 CASE NUMBER: ZCH-50 On May 12, a meeting was held to discuss compliance with development standards of L'SR-498:82:13. Present were Lee Morrison, Assistant County Attorney, Chuck Cunliffe, Director, Department of Planning Services, Lanell Curry, Current Planner, John Butcher, Harold Taggert, and J. B. Telleen. The following items were agreed upon: 1) An application will be submitted to amend RE-865. If approved, the amended recorded exemption will create lots of approximately 9 acres and 27.5 acres. Lot A of RE-865 will be the total acreage upon which the application is submitted. If approved, a condition of approval will be that the existing Lot B of RE-865 and the southern portion of this quarter section will be combined into one parcel. Adequate access must be provided to both new lots. 2) An application will be filed to amend L'SR-498 using only the acreage not included in the amended recorded exemption. The amended special review permit should reflect the change in site acreage and the change in use of the property. 3) The model airplane club will submit a use by special review application for a recreational facility for the newly created Lot B of Amended RE-865. 4) If Mr. Taggert expects to continue the consulting business on what will be Lot A of Amended RE-865, a special review permit must be applied for and approved. In any case, the single—wide mobile home on the lot is in violation of the Weld County Zoning Ordinance since it is not being used as accessory to the farm. Mr. Butcher will write a letter to the Department of Planning Services' staff explaining the current and proposed uses of the mobile home. 890469 •;. DEPARTN, .1T OF PLANNING SERVICES PHONE(303)3564000 EXT.4400 1�R 915:001 STREET GREELEY,COLORADO 80631 t COLORADO May 18, 1989 TO: SURROUNDING PROPERTY OWNERS Subject: ZCH - 50 NAla: High Country Turf - USR-498 FOR: A Nursery and Landscaping Business LEGAL DESCRIPTION: SW} and part of the SE} of Section 26, T2N, R6SW of the 6th P.M. , Weld County, Colorado. LOCATION: East of I-25 Frontage Road, north of Weld County Road 16. A Probable Cause Public Hearing is scheduled before the Weld County Board of County Commissioners on Wednesday, May 31, 1989, at 9:00 a.m. in the County Commissioners' Fearing Room, First Floor, Weld County Centennial Center, 915, 10th Street, Greeley, Colorado. The purpose of this public hearing will be to review case number L'SR-498 for compliance with the Development Standards as approved by the Board of County Commissioners on June 23, 1982, to determine if probable cause exists to hold hearing on revocation of USR-498. You are receiving this notification because your property is within five-hundred (500) feet of the property being reviewed. All persons in any manner interested are requested to attend and may give testimony pertaining to USR-498 and the uses occurring on the approved site. For additional information write or telephone Lanell J. Curry, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, Colorado 80631 Phone: 356-4000 - Extension 4400 890469 SURROUNDING PROPERTY OWNERS 2CR-50 Grant Brothers c/o Charles Miller Grant Box 948 Longmont, CO 80501 James T. Westervelt, Jr. Carolyn Sue Westervelt 9762 1-25 Access Road Longmont, CO 80501 Longmont Farms, Limited c/o Colorado Investor Realty, Inc. 3131 South Vaugh Way, Suite 130 Aurora, CO 80014 :WM Associates' 415 Terry Longmont, CO 80501 Eva J. Foos 3922 Weld County Road 16 Erie, CO 80516 Lansons Farm c/o Kent Nelson 344 Lincoln Longmont, CO 80501 890469 DEPARTN{r'IT OF PLANNING SERVICES l PHONE(303)�58•a000 EXT.4400 �, 915 10th STREET r"9 GREELEY,COLORADO 80631 11/ I� IX! i -:.v.. G® COLORADO May 19, 1989 high Country Turf 1010 Gapter Road Boulder, CO 80302 Subject: ZCH-50 Dear Messrs. Taggert and Telleen: Notice is hereby given that on Wednesday, May 31, 1989, at 9:00 a.m. , or as soon thereafter as the agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Section 81 of the Weld County Zoning Ordinance. This meeting will take place in the Commissioners' Hearing Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The purpose of this public hearing will be to review case number USR-495 for compliance with the Development Standards as approved by the Board of County Commissioners on June 23, 1982, to determine if probable cause exists to hold a hearing on revocation of USR-498. Inspection by representatives of this office have identified that you are not in compliance with Development Standards #1 and 5. If it is determined at the public hearing that there is probable cause that you are not in compliance with the Development Standards, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Special Review permit. If you have any questions regarding this matter, please telephone. Respectfully, ç*L4 nell J. Cut C Current Planner LJC:rjg pc O.F.T. , Inc. Harold E. Taggert P.O. Box 606 J. B. Telleen Frederick, CO 80530 1010 Gapter Road Boulder, CO 80302 890469 Y+no.:,.,U_3 S , \c1 -V` iw;e• s' ::.; IJ 5:4K't3K"VriP•'�•�7 '_a--/I Tr.„,,, ':I _ • •-•,r,„.., -,-..1•"'�.![•�;Y ~'- •.r '�: �..•q'°' 'r.r ✓. ;I' _ y•`fry"y..... y' `,,,scr f• 1,- r r7 ti 1• f I-7 Tom• - .o."-WW"-4. 1'7.. 4�� -re li X41. it • lY I ,1 � • ''m'• y� -1• `Y •-• Pt•'• ! • •• _ ?rr, a• •q't4j K • w"•1• y Y • '.fit' • vyciI tr ✓ 1 t+.f t•1 .�{+a :Aga, 4�l�^ '!Jy'Ty ��• �1� 1'° ~ )Ya ',et, „,„.. rJ .--- � •.,'#-• ' •• r .+� ..'x f'n) . , '• xl: r !.tiT 4" • 1 t• „ --Vt.'s., • 1 v i1'1. •an�(yr��.t�lS Si'1t •� "� [A • .s-• \_ ...0•11-f{�t•ef M 1. i •"ry `"!R'fl �h'u„1• I•r ® a� �' i % L A r tj • ^ ,'a• it ` i N • t , � l l� r lv.I r 'I. . t • �` PJ•'.i4V . 1 r, 1 ,,,,,4 ,rte(;yi•Z be; .y =1 ` !A v �'••. ", t I .1' v y , 4' f j • [' Y'W� F r t �4 i N. 1 OF y ' S.:g: !- s?r ! i 2Y[ L. t ltL3iN • [ter ' ! • ttrr -,r c• ,I1 ,hi tF r i 4.4 e..,.., r`74 7 ;iti!. "?r,i,a V( ar rs '-^4` "' E . 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Saekit:pAy F B 1629 MAR 0A1N6639 12/31/87 16:08 $6.00 WE 1/002O � 4r ;- TA�(aR K,ltY«" AH2.2b639 F 1629 MARY ANN FEUERSTEIN CLERX A RECORDER WELD Cr CO '"r`r}1. I } rtrli- g a tins UEY.P.math•tb,. 31st day of PaCamber ,1967 Y r.It eta �k ,<'allc 41. ' .♦,s a .1N Country ILrf. a Colorado Partnership I _t V' kr .r �" 1. *forr r� fi tt t 'y *fine '^ " rn:. (rQ¢1 C,.nnl.vi veld end 5sauofCobnOo,ollha tint pert.anti '0 LP .' 1h y' ,Vent' (si A:•"t , O,F.T., Inc., A Colorado Corporation -7•0•"--.11L ,) 'I NI; , e ?'.r�, ' , ••• sN.,�e loy,l nddren a BOX 606, Fredecitk, Colorado / D.('Ii .r- p II :. N P AGA*`{'�'.�y`:1S xrY oftlle Countynt Weld end State of w r II w 'r r' ;O. �• �'b "--7�r Cbin,;,Ju,nftheinond pearl: it ' ,.A. •` •iVri wr... % ITN ESSF.TII.First(he n.j pray of the fint pert.for and inconsideration of ton II . 'i r^p Q_ •.y� xii OOCLARS t' y � }J�' \!YJ i Adh �a,e } to the said pan y of the fiat part In hand paid by said party or the weond part.the receipt whereof is Ii ♦ty4e., M hereby eon regard and sell nnwl,dpeed.has granted,bargained.sold snd conveyed.end by these pr.sntstoo 'd•' ?, r Vent, bargain.nett.convey and confirm, unto the said party et the d part, its heirs and morn. for- t'�• c 'N I" 4,11",-:,vs; t errr,all following or pa o(lend,snueae.lYt mg in ;I ".../.♦ce •. i A^�≥t 1:: ape' v Cum,t.•of Weld and State of Col .to wit: I ,.,,✓ e .in ,+AA',T� r� t The Ndrth'1250.00 feet•of the Booth one.halfre Section 26, Township K"'�°'f �' r -ep'W ?S�F ; la. 2 Worth; Range 6e West of she ieb Principal Meridian. Weld County, eoloradov wt• y,' ; hkr' a, lying west ' of the' Gadding Hollow Ditch, except therefrom the Meet 50.00 K' 7'1 " "y. , ^ .•�,. thereof, being more particularly described as fellows" BEGINNING at > N--. •per;,,, why . the went Quarter corner of maid Section 26 and considering the Meat line nt /PS tAMr�\ of said South one-half as bearing /00'00.00.2 rah all other bearings a tel :44, . p 'era contained herein relative thereto; thence W19'72'25.2 along the North r r,.� `� ' w�. •- .,id line of said South one-half a distance Of 50.01 feet to • point on the .?r. hot o East R.O.W. line of the East frontage road of Interstate 25, said point 'yx ?A. yir` en ,F°' being the TRUE POINT OP BEGIMNINO, ,r-1+*gre- + thence 800.00.00•11 along said East S.O.M. line • distance of 1250.00 y ; ✓„., 4k.,' n.?„r'' i+ 'Stet?' ' , �, i�; feet' thence .89'12'25'2 parallel with said Borth line South one-hat! WI:.� r 4r 't- r- a distance of 2740.37 feet more or less to the intersection with the hit';d „ = 'c "•41 ,' t. ;: -centerline of Codding Sellaw Ditch, thence along said centerline by the 'v f ;,T; ' �$' following courses and distances. NON4S'11•W 493.56 feet; M14'10'39'W - `xO ><• _ " f,.: 158.87 feet; W36'46'06.2 179.79 feet; *65'03'03.2 184.67 feet; 1147'56'40'E t� `,44'.. - • a 76.71 feet; N30.47'20.8 1;6.51 feet; 802'06'11.2 150.37 feet; N32'59'12'W ,5'y; `h >t< � 56.13 feat, N59'5l'21'W 79.37 feet CO a point on the Worth line of said c'l^a ; at. iAAf. A....1 South one-self; thence 819'12'25•W along said North line 2924.22 feet r 4`rt0"' ''''. G J " �' �: ' more or leas to the TaUB POINT OP D2GIIDIINa. .., .":,,,..0;.:V‘,":0:511/4 CONTAINS' 80.05 acres sore or less. Together with an easement across the SW/4 of s�,'xr" -7.. . 1.. :1 . . k0e,ge,r �a Section 26; T29 R68W for domestic water lines, irrigation water lines, telephone lines „.A mkt tai %t ',�'r x .y 10.-1, J,. and natural gas lines and including the Martin Oil Company right to a natural gas tap (v ! 41r .1:rifg,ry 4, R. ,. tsar*,M ^; t i r ;'461 f t, 1 ',/,',,/•;'t ) \r '''''',"•)-74'?,',' ._ t •. •, . sei.v..,_404. ..^; 'WS/A..' ,Y. -'41'1'lgJ «n-. ft-i .tr.'w\a liej d''l"t'4 )'Y l�i tr½' );r%y 4W -71e: ni..+1i e y 4.1'y ;c :4 t y a wt4 r..v .•: r .)44ritt x.4*A •frr�y Plot .h .3s'.. f n �'4Aae c Ve.:•:41,*it; tt ;' r Wt; i1/41.44 r• ,, Qt• sy ;Zs aye z e4"-y y l�yu4 yr'Xfy4a. aS--T'Yi II` 7> YAi 'Kx ) f": r3 •✓- I-, ,.�J r. .".4x C. n✓4hTl "" e/i1 ''," rIA♦t .,1 ),r .«� �:w a ,r i cr l ,,, ,v. ; 1' a .I ' e, +Y 4 ,b-tl V S n .441 Y ' ` ✓ N sr. 1 ,, .. r{-a �. 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Y, ,K-'s' ' ty. l, 'w a n h , w • eta!O4 1 a A0• ....7,Le f t:t t7.d r Cd'! rt I L : r.f r l .0 a ynW. d.. : ,,,iir ' ly.t_ ty,•/• 1r ii1. g `;+e xiA."i c v ^ ... 1'4'l 4,.. !-...1%11,47t +aLt'..,47 :7:3:'r% _ 7.•�., ♦ ) "Ik '�'e'C e^T'r 1t' i F.Y i Yy7S'C l' ..CY ca'F1' `PL�1' rrW'7dt.. ti✓l r < R v s .t - t i rn l'5,*' rKy arty '1 �f a. t,, t , " - n -r dim r t,. • �4,,w_„...'r' d '�"i �•siG'i.^- . �✓� t r *Fr�r. t ,J r'`71,tr t'F r (.♦. Co. ....op;-Qtr r . I t r9'9 . x tl rF ,4 i. i t b 9 ", V �,A'. f t,++,rnn e,<a'1pYY,�rrAA�� 'r.P $''/�''1 hY iiy��..e , /P Jx rr:er �'iti rv.it '' :-,ii. L ;S�� e �j'�' ' � � t !X��.t ' � v t C,„ JT t..M � a *eV 0. , ��1 t\ Pe er," .!, •"t ice'* k'''''• 4.4.1/4 'i o i rt stC,... tt;v 1YrAT l-k+: ,4 .1' Yr 7'idh'.V.,d' ri 4 ♦For, c..g,t_` It •p sfxr r fsteNII,r��i„,,vii+ '46y, M. J`•' , `'/.:71• a f it y t a ,,{ ✓,,-. F , '4,1:1;1_, ;, a :e y;r W• r'C"'r.)Y'`1st \r-•e 0t.,w•, IYn7,t � 11` ,-“...)• ;.,“ 's H tw,;rrl, 51 self:rl1 4.;i .•, t•j "`rs r i'S'n ,t K2 f.ti , 4tY snoi ,Ar,.Sy t 1 a� .!•00.,..,. OJ' A L a ..Y b r ✓ *.:41%.9* lAr '5 YYY j4AaPrt,S, `h4µ104`11,r $ 1."44 `4 rA •-IJ'0 Jeri r'N f„ A V µ r 15r . 4 yc r9`f ', ;)1>& 11:1��J.(r7i?, t�7t .•L{"trt•rrV44. I`. ' a.r f.' R •-'01".�a�r..-?".•,.-....“`^te+.:14.t:;41,A4,„/c".1T-;.1-• ;',-,:4..tr. ..,: . f'af a arc {!r^ v 14 Y . �7,iite w, Lan • e�, 1 .31, •,. A ,r. �.. I Arci•:4,(4.-4 �& B 1181 REC 02126639 12/31/87 16:08 $6.00 2/002 II `u' y, . e- t ;- 4 F 1630 MARX ANN FEUERSTEIN CLERK d RECORDER WELD CO, CO I 1W .. 4. 4ti 1 5 89 3469 i Y� .4..,,. I. j.� ,�}�`' 8 1181 REC 02126639 12/31/87 16:08 $6.00 2/002 .tad i•'j '. Sir' F 1630 NARY ANN F£U£RSTEZN CLERK i RECORDER WELD CO, CO II '' � � y ;. c s:. r ,. II +. vat K a " ''L2\#: Y• .d..•tn..wn asst street„nn nnmL.r �Y *.. t04, w TaGETIIIC L with all and singular the bereditamenle and nowt eeeeeee thence belonging.or in anywise ann. y�, hV� �" lain nr.an)t)le nwrra,an aria near aions,remainder and nmundera,rrnu,i.xuc.and prsfit.thereof,and all theyt• r7"Ire . ••.1,Ir ri1 ht,title,Interest.rhino uni)demonA rrlul.uver of(hr.u•1 party of the fins pant,enher in law or �' 4 f y,rXK"�, e 1 1 v,of.in aria in the W,nre bargained Vrem-.e with the hereditamenb and appurtenances. y'��+i,t 1. ay� •s F i. 11N6 AND (0 111)11)the raid premie above bargained and described with the appurtenance..unto the II tr f1 :— 1 n y or the ascots part, Its 1 and .signs f •And the said party of the fint pant, 1 1 Lit •I Ytaelf, ita heir.,a}etuter.,andadministrator., covenant•grant,bargain,and ogre*to and I i. ' : As t ottY-t.' witl thy said part y of the second part. ,tar heirs and assign*.that at the time of the nettling and delivery '1 ?gal Y Ay 7rti gar of these linings. being well d of the prenl..a aboveeenveyed,as of pod.sure.perfeel.absslute and ~' •V : I,„l.fea.il,lr•r.utY of in heritance.in law,in fee sim le.and has right,fullI .p good R purer and authority 'I a+r R5l' '' ..' i! to grout.bargain.Mall end convey the same in manna and form as afore.ud,and that the mama art free and cleat 'y�., - fir ' ;frv,n all former and other grants,bargains,.alai,hens, ,uassmante and enedmbnner.of whatever kind of I t 1 No.:41;1 YT •. t '115,• rlal safe Opl'.Yr. Lrlttopt Y{Ya11U and f11L1mLLRI6Y of record. II �Y ti r: rM'f r >•r•rt '1 I �°�rx5lt's++' • pi + J: A h • `MY t and r lie alio%'•bargained Vrenun's in thequiet and Iv pe inn of the said party et he**fund part, II A`4 7j�,AI ,.1 I y F it. Rein and n.nr4.Yg+'net all and every parson or persona lawfully eialmingor toclaim thewheieur any part I tr4 , 'K! , ' ti,.'rrnf,the opal party of the brat pat shall and will WARRANTANDYOREVERDy:VCND. Y^� '. ' ` n IN W17 b'Ghy n4 u:uBUV,,h,.,,,d party et this tint pact ,.a ne•vunta sat lu hand ' `( v ' •a v' rS ',nil sea; on thy day nail y.•n neat Sheet Written. / �(, /L I v' ,t.y r. 1yyrr'tT` �Ir / :C�.....1 ' - ✓ SJ'.''Sr' t`s Sv h ct. ,:v.i trhrx fa,) 4 tt t �Y 1.V. It > rf..g.iA. _ ' 19?!:;; A ,SYATY.DY CUl.0RAD0. /J 1 u. � /Jlxg" R/.LdaLG Qf71�L I � � T!47.t.. County of �(,____ ___Q..r'�. .t5Yfrr✓�..�— y,4:littzr, E; The for•' Iinr instrument waa acknowledged before me lhla % U�' dquf ,tw y`�„^iP"a!Vy` ,y 17 0 pgT.�'%dht A.N.4.roMR/RtdrlilaD 0.ST4IAYM'/Tir.V It 3r•re/2.e.. I dr„a"Jf 4+e tr is L" ,"I.O7}th M,) , iy4t,Mr k,/I�At.a Q..�,.�„..1, / •it f/. .Wltnns my hand and official real. I V toh 'iter i1y��"wd a"�S{ :' *' .O-0.... r ' 7�ry Esrr /-.2.C �ts.7�asrPa. in:W, 4 r L td ceJritt A�/8�.�`' /O 6,t/Er Cale.tdd0 for/(a e d /y+ M i Y by "1"°f•f Ot nnnnn O.d. R jk ;1.'.D J 1 SLY 1 ....... ,e M �' Y� 1:44 - 4 ,. .•*car ..�c- —'--=--- --' ---1 ^• 1 e v Me. Braid m.ear!O.tn.0a....ii." 1 L. �� r s, r� y� 7 vy r Y•1iti by !1 'y(l,f yt, hfA a .. ` f+ • I • -•,;•:,, rV' t ��rr.% !{ �Tr a r *.� 'e.>{yr4f •M tr Kr K ♦.. re ti..t f[ht VC•A • .,� �� Otf i y �f„t w 7. ,"••• , y t..4 es,,"- vtff eYt` \ tY Ott, r Yi t .A&`l t r are < ::::.•::,1/4*. i. Y P •r `r M!}• rte,. Td+r rrrl'14-e r...a'.ua h g,� t /. 1• v t.��[ r l Y N y.4 rY } r y " r V. J Ys y.: ... it+1 'x'''0 f 4, :Y^ y ten.. ^r"Rrin.r ?e,,:-.A.:-. ?..�. `• f :4.{'rt'Y., l'jy1;+6e(S i ..pit rr i I 'ittr'Yph^s411 S tar r yt rr r t `_.'�t� tC�'� .a ��r . • '►° �,f.. ,,,,,i4-44)44.,;.•n .4 4. .•4., .tJ+/f-tie-S�. te•r-q..`M• ''}SQ. S ' xtit (Q+ e a • TLbt•/WH ,, bdi _wy y, ..v rm.on Jn'Y4i+ l '(wri}.�Y" •%(,il•yaye 4 "Ie Y�7r,� '14r Fr.r-a wt"' Rr "- ".�y d}`', gr ..� "3vlas4'.., 1•••••••w .A. T . , DwJi •dew. tri 7"? Ct tars a' f ryy '�ywn"F'9ra+}i M}r�iCiYT7 �r ty ^. � a' Ft •3R`y`riLd' dJRr. Igo. r N .sh y1.•Y.� i, yn t v -1' wL. v. �,a Wr }I .Y W •fw Y2 r en ��p it(�.-r rd�' ,y,f`�'�.Y' ta".G7`'�'' ��11 '(D•f17ja�.. •s. 'v }'Tb•� a .t�'�tn+5r...tJ 3. 'rrWF 7¢' C +�.All'i :: .It�jT y`•' .aei'. t °' 'r `try 41, I ',..4t0,0-",3/4.%,. a...+ ihT t • ;* ,Jr„ 4 • rz. y. -»r ,ywy�/�� 'h,�4[_r , tt` t^ v.GS ',J.y1. M� v: � .w.• ot- ,},��ay..� .7:-..'r'y� .y�rtt+y.•. � r.. t / t'-f.aCe, "7.73t':,�.'r.'•.C !,R'�IMYy S'k B{C5y�t}•.!Irw'��SrslTi£gr'"rr1Ye'v•�i t "fA1+aYt tf ^ yyV'j' tSlleLr ,,+LY'..7).Xt!( �tv Pr�_y �b A• r ..- ...'r.. ....fa • : r. r m ,' .K. ..YfO I 8 7 ^� REC 02127481 01/08/88 10:54 'S3.00 1/001 ? :=� +� 'i "t,;y,.+;cis AH2127481 £ : ( MARY ANN £EUERSTEZN CLERX i RECC ' 1 WELD CO, CO . ' p.m, c �^{QroT�;,� III . . ... __.--"•c—.. _ -.._ � :._ .-•-.--� 'Ir • `....• 4 ,; 1114 1)!}:D. llad.•'I..; Jl—, Jay rat D...giber�- , Rersrdu'.Nlan.p Vsq rr t` yy+ j�. St y at' preen O,r,T-. Ina. In B ,Iw lm. ' � I Y attJa t t rnC'y A. t ..T,,,,.0.�11• ti II arm PoraUa..duly„ranmar,l taut relating tuWer mud by virtue of um laws ,�s,.y1.-- "` -4.2.1e.yy. .."'-••y y ill of the Fiala u( Colorado or fh,.Bent pmt,and +Av.% �''r,�r1•"„r" I Harold C. Teggert and 2.5. Telleen, testate In common I ,�'�'•. v YJ k iii x+t•��.,, 47 whose legal addressin 1010 Captor Road, boulder I J_,]y L �4j,r .it• , of the County of boulder and State of `![ A, [ a1i 64'�ro!"''{{ II Colorado of the second par: YJ, ,,r, 4..‘ ff+??•f k3 1! WITNPM$ETH.That the said natty of the first pact,far and in<oneideratinn of the sum of Ten .1.; wee r+ 4 r`at 1,i;bee I POL!.AR,C, Ks ' q . r 1, I' In the curd rat of the fret part In hand aid h the said plot ills of iho second part,the receipt whereof is her.. ilneiv'^42 ,,,,t+• J by ennfreed and ml nouledgcd,herb granted,bargained,staid and rnm'rytd.and by these present";'lath grant,bor. �I Ita'`e Y •t, ge-�jOlv.% }fir II gain,sell,convey and confirm unto the said part lee of the second pmt,their heirs,and naive for- I ..d al { r •I air,all at the following ate ibed lot or panel of land,situate.lying and being in the ` Si: j■r,r it; roomy of Weld and State of Cnlorvdo,to wit: + i=. +tai'-fr WI - Lot A of Recorded Exemption No. 1313-26-3-RE 865 according to the recorded plot thereof excepting I S'•at art. i, thoraces. the West 720.86 feet thereof and excepting an easement scroll the SIIL Of Section 26; I. ,vn..t,./ 4�bpia. * T2N; R6e .red across Lot 5 of Recorded Exemption No. 1313.26-3-RE 845 for doeeetic water lines. I IL •' y5 t"tJ r } •."r- irrigation water lines, telephone line., and natural gas lines including the Martin Oil Cdpany II P a rM1N y^s. i f.4.....4�7r right to a natural dam tap. 11 u r..k f,) [7, �VYX I4 l -sue', a Vyt�.;,y 11 ipys•Ev ' i.4S4 n[m known at atvett and number ''y a. - M•f. ,rat, `'t.'T-'reti.(ai t �� TOGETHER With all and singular the hereditemena and apluRnun<e. Nefeunw belonging, or anywise l ₹a T + t r <. �i, W I. appertaining, and the reversion or reversions, remainder rents. Maas and profs thereof; and all the elute, J e ,.'et• .4-^1.N`W.1^C 1 right, title, interest,claim and demand whatsoever of the maid party of the first part,either:n law or equity,of,in I < . 2V3r,rat„ K•t. ; and to the above bargained premises with the hereditaments and appurtmmnca. I 8y'[, .- �r s Oar 'tii , TO HAVE AND TO HOLD the aid premises above bargained and described, with the appurtenances unto the y �• 'JJ .a chart , -it'd �I kye•C'6�. r"4: ti S. :I said pat its of the second part thesis' heirs and aeeigns fm aver.And the said O.Y.T. L1a. + •_ G r'1~.,);}'FN* DartYn[the fist part,toe itself, I tf�'3J4rn:i 2 s"r 4s,...44-..w.- ; and ita euece..ocx.doth covenant,grant,bargain,and agree a and with the said panes .of the second part, ' v/"T k • t y�^421< A1- Wlr Min and Mitre,that at the tine of the •naesling and delivery of thee prneau it Is well + mat At, M {y'r- - soloed of the remises abet.cone - t,yr.ri „ .re n^ ip yed,u of a good,ewe.perieeL absolute and lndrfealble faun o[NMriuete.>n , eL }u`Mr} µ! law,In foe sample,and Lath good right.full power a d lawful authority to grant.bargain,sell end convey the rma ; yr S tpY � A,r' II in manner and form afomsald, and that the same an free and clear from all former and other rents,heroine, 1"rtC' l I'i•r L� 'hw .ales,Ilene,taxes,assesemenu and ineumbnnees ofwhstever kind or nature roarer; accept soars and 'a', n <w7fti'7- I' inctaberances of record. 'n{0'—t d F f s,h,ymd^ i I _ "IE51 • '≤r-ti r3.al.;j'1•i H I I .ty,^_+,J'1"� i ra:Zr.1117,'iit 4,;d• i Fmk ,tFt}. 1 �� , r'~S/ �- and the above bargained promises in the quiet and passable po.eeeeied of the said pert 1st of the second part .C n r i r t..0 shy' [I helm and aligns,against all and every Dann or persona lawfully timing or to claim the whole 1' •1st ;+ I torn the saidt r�.,Ng:"W II +w' r w'bi, pally of the tint part shWh and will WARJtANT A\ll FOREVER DEFEND. `4 . a i°a'4••".,y'?'-, Ir-4 tan C WHEREOF, The said party of the lint part heth caused Its cements name to he hemmer* Y t �t- f • ,. p Ceriite(ryes Prmldent,and its corporate ash to be hereunto affixed,attested by its -F,^' S y 1 d—•Se rate dar to Year tint above smitten. �.-'+s,•t• air' r t ,• ;it b a . , .4.,^ ah tii 4144A541?" M t A -rC 4A ..,t.,,,, _.. a•.r.T, e /NC __.,......__..__ .._.._..... y rrvrt A ;� et tt� A o ^).0'..,e`z s U . u7..L -.�. i-�__._.__.,. �•,� 11��a� _s ,t F-. IV tot Y._.. .- ._ Lµ-s � • • le t e.•. ;t7r.i.t',—,4;• , I STATE OF COLORADO. _) i!� > '•r.1:_ �n. `y' • 4 [Ste. 1.A.foregoing matrum it a t wee fore me this J/'�leloyol i4w��'F16U. ',at ii,ih ` ^ rrJ CL/ ttpdtt41 84876 Pmsidentad •.f F:.� ;Cr ; t'�Y�,•. II �jl_ '1- 4'A ....t...:•rf SetmurJ'of 1•. `i>NJ,,. t I A, (bled ? t .• �ryMtppmuon. ,,�, • 1 ' I Mynourlalro,erdmeioneape. A -• �•f _ �Y a - .' � i r �W.49a my bud and if I /c - • °•"sty r• ;, 1/T�G/Jo f,A3 ,= ST/LP LAIC r .y��•f' tt. N.ta.s nalr. c[ j _ .. { I 41;71W1/4":."' rt vt'••».c ,-r %rq Orb I s. •• .` -- ..NA .: _ u. L „_• ....._____,.,.....,____..........., -. 6.-____Wi y•r_° ' _! o -- •'J �'vc,•1,la' N. 4n1. wAYafTT Dgg0 evaimil.e.-assn s.sh..e . Gelsemwt Mew,.Oaebofieresta allit-►n �p4;.1 yr it:. ..+.pt .�I+'t Ili e9Y�en q. - 89(3469 y..A7tJ 're.' 3 •,-. ,:•.(4,_ •:f ' r ; r _ '` i ' -.r A� %. • ,tap - i.. - --cw e ' ...�" - o . . .,r IC y, /el/ .y.•. Boo fps. We. 1R479r.5 fr40.4,•wr tit,,, awe ;,1'• • Cr wen , • Revenant at '7�/I ...Inn P....M.. JAN 23 1981 —Reneger, ,J/ _ a,; („1 9;-' n '1•11,S u8LD, ahvl••this 23rd day 1 • Rr.wMi•mbme t:.;J • .a n,_� m• January ��. . I 1001 ,tetwne 1Vi.L 'ATTU CO., A Colorado Corporation 1+1?tv• I a roponikn dory nnmiaml reel.yoOnv by sari le run,.of the loos 1:4 ++: ! a:• I Slots flocumenh;:y rya • +%��.•, of of Or Meto of Colorado •.f ore r.rw eon,lehl ! i 1,G "71 -• u r no tea•. • e HIEN COUNTRY TUN', a Colorado Partnership Da,�1AH 41 1 , :.r.,• _ .hose lend eddies,is 7178 1-25 rrontann boat), triP LS_ aJ�•L,((J a e1f,.:. . ,.. ' soupy of of dr soup of Weld :,rd atntr.,f Colorado at o ..eend pan' .:pt,••M .p,.t' . .yt t'q a WIT\EINETIL'I'k;.!the maid party.•f th.•flog nail.for .,.,I n „•m, .aeration of the...in of 9 7,``` - i-r•' THREE HUNDRED, TWENTY THOUSAND MD NO 100 vi• , n.(le.h1re. ura,,'' p•1MNod MrlY of the twit lapin heed Mid by the moot l•.nY •hh••...••nJ pan,tA.nvsn wA.mfaAor.. r I �'l ,, by eon(.•.W aryl wb.uuieelard.bath pent-l.I.e.!tah,N. wl.l Ira •••••••••).not'•y,Arae pr.eh1 dolh real.hie. o 't'?( x 1 gals.yell. confirm;il.convey and confirm; the rid part y ..f lie ree..nd lain. it a avian.successors and fur. ,a )-• I°' eve,,oil of the foils%ing der nird la ■ a;.earls of tad,ritual...I):AC and being Hi IM f, • - • • e. • l'aunly of Weld and Mate of Colorado.1.•air• , �•C.. The South half (SS) of Section 26, Too nOur 2 herth, Mange Gil West of the 6th �•'(:-' ct -.l P.M.I •♦•:. TOGETHER WITH all ditch And water rights r ainin',,'.• '.,S•. ry 9 nppC t 9 to said premises inCluding �,. No (2) Shares of the colamon stock of the Consolidated Weer Rould,r Reservoir and Ditch Gascony, and the existing irriyataon well (adludication Case No. W6249) ,p ;;..,. --- .'1;•• and '•rj TOGE'11f>:R with all lease rlghta in and to Nine (9) Snares of the preferred capital -' '.-!:n i.'. F stock Of the Consolidated tower Boulder Mc,ervolr and Ditch Company under terms y5;? 1!'' Q^i1fopdit;98S.M1nda .9TNElt YiTNallen Tull Cattle Co a City of iptayetie datedd• I_ 1 ^(i„ coodiv •N•Yl aria cum rC coy coo a end crops Aof Iatore t -:,.±1.". I 8 TOGETHER with all so d d •inr,dar theh.nEnmu aen u„J eel;•wlvl,un MruM uny r. YrY t.lnnainr, or {n viw 'r i:mat \\ er appW erninr rew mw n•and the nion or nion•, marnde,., rent.. . ,u.-. land 1•mfits thennQ and all the relate. fight Wt., Intihreet,claim and Simard wWtaonn of the nod party..f tho first pen,ntMr in law or potty.of.in I 4 and a the shwa bin-aimed premises with the MMrament.and appurtenance,. v TO HAVE AWU TO HOLD We said provoke.above ha,vuinwl and dro il•.l. silk the appunrna!w.e onto the raid party of the'mood rem its successors an-I .'.,rn.f.o.vw, tea the.aid ?.1.. t -t. 0,- r' it ;WWI)*of the(I?tpun.fur rant. and Ile sunwwre&lath covenant,grant,tannin.rand san t to and with he.laid luny. ••f the frond port, f its auccossOrs and Argon,that at It.Limo of the,nrrel.ar and delivery of there Wowed. it le well Ms' y • 'dud of 11w premlrn above roetr.pe.as at a pith Dam"effort,aln.d•de heel ImLtra,dde a talc of Inheritance,in t';; i ...";.4" - law,1n fee,ample,rd math good right,full panne and lawful nuthunty to grant.hergain,•ell and convey the as,,,. .. • %y in manner sad form afore.. M. .- Al rev) that the rme are fees end el.:u font all Gainer.eel ether ennV,bargain., • , aaln,lien., ,aaw•,mehte andiwamhn,w..of whaavrr kinder m.'u•..,eret; a et to easements and (T.' rights-of-way of record, mineral reservations and oil and Erna leases of record, lv�•_ ll 1980 and previous years' property token, which ,:rantor aetYws .to pay. : ; , •l It e�3 : •1'' a the above baain d premien in the quiet aidw pr .en.te"-new at ism the NUJ poly of the snood part ••id rg V 2" it. successors and run,attain)all and every p.r.m at pere•ra lawfully claiming or to claim the whole air any d .1M aid platy of the tint pan shall and aril W iltl 1\T ANIr 1'OkY.lh.R p/1Y):NI) + -1 ' / .�t. n•a11'VLMEOY.Tar maid pony of Or first p w,an bath rsvl at. pions ram M Mn a to untu I. '': ,,, a .� Pmident,end it.forpantr cal to le hereunto alined,alt,te!by d. )14.4. 1 , € ITi... mar-,• Tu71 Cattle O. _ vet play • ,.,.,... ./� A• t r /� •/ p a6L1e r 'James N. Tull, �o't BTATE OP COLORADO, I l. : ` i • . The fengeing lsa(rsaeai was setrrwlodged Infer.me this 23rd car.( January t iv 81 M,Wr. R H. Toll a. Yrrela.sl aid e ..... : •k r clayne J. Johnson a• Rarrwary.f ;'�•� �:'t TUl1 Cattle •t - Ss •°IA lei\• my nelarrtwmma.wn nyins July 1, 1984 anrparetkn. t,,t: ~ .-•••.- !I Walnwrmy hood and official era. i"' �.,. • . AJC1e�G o I •P '1I cJ. A. r:/c l #C.:J. 01 CO� • .•: ' • Mw...err. • 4;190469 We.an AYSAanfl C ,etS e vas , wwr pr rww nbY a . is •. nr•. r. ..r ,a•.• r••••• wn,.c f it .. .,. • r • wno COUNTY WADING MPECTION " ,$,4,� ` -MOBI/LE�tiOME , •WELD COUNTY • INS TENTH SHEET t Gi fY ti74w1C(Rj4•/8UI' [NG P,ER1AIT • t (' GAEELEY COLORADO a�� i7' w•�(,be r '.'�.•L.*DS ,.4 ' 'D k •, - • �I(• '^QQ �� A�Yr.4 UMlr�. w ..riyf ''..,.�. s� �V)J :l 351140)3 VCT,412 .:; I r . tfl+�S1 t _ '�''..9 aY/ .;/ S.{ �- ..I ,t 3 13 • i4,44...t r 1 yr.q. •. 3 0, /:,w P•^1• r c. r •rf " ...Air-, rw h vsi4. 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"•► y yr, $ .:• .r Ir ..trt r i...N N•�4, tFY.'/S' p1pS C., l ". osTIN�INar lonsa NA OTNtc z / I •r ,. M ti t J �44..."..t,....Ia 11BOfl•IID RT•10 ,N.•...r. •. .. . IJ•',;. ,,.+ ..Fy.Aiv7i3-'/'--!Fv: e.p,� • 7i ly', ` n i'r�Ih�7,,�• l • 7711,E non)'MOO.VAre:•:beta.10 It'IC¶0actTfi00E t tele N•00'I ., •��:C'•.r .,14? «�• 11•L1. i tZyYri-+, _ r•,,,,i;•,:!;,--.:.4.'„;;;,,,:, '`Y . .0FS''�•"tMt,, lc Ili `gFww.i-•-'.`..M. "} / w, _ r { ✓ ,,,ir , - 'Nr A rr , 'f a ±�,p.., y1 &v. . - r<y}+I•} tiF r.1� r. % , J,:I •"r A �. / .�n ':i'N�int~ 441'"co/101 r -•• 'I'a...ra ie .+J•�J.F•" : — • lorErma_- :� ist'� .w•+u'ntn7 4. nr. � •v b +•• '.r+ tw. -w w •� Cr 1.-CC( , AWAyi.,,1108.41STO11 ACCTIO4 1e'��§_`FI• r ..s C • 'A.:. `�• SSA • I�4r« •'\ /04:,N'Wd r+, rl?3`t ` + •'7 �-e ry ,- cd. a'ti."y_•r•,I...•4.4..C�` l� / •mlaor . ;?+II •.nom •,z ,f, h tik- r +• aini.1411.2°•"YL,.e�'�di1'ti ` A:.. An • .v4F .? ;C.'', I.. 1 �.•R�, • 46.......r ....�r.41 :141•4•••••••••.F �.. MIMi -•y, s • ,tr�r' I�...i f •.., !'' aa�'•V,yJ.M1 ,r`K'„Y � ! 'f r„r �`•4.� - p._r-t1 �... • vL.r 5. 1 , Cl•PATt•lu1L11C i•Tot 0 •1•i0R.y0 a••.;;,..,1 r4 04; PP/CATION r .•; na .• 111, •�' , � t eits tt, AUI olz. t'Ar -:.:jowl. wynt t ,h y* v, rid A.y 7' • to • r •NIN r fi. ' r '' h,LI NWYOY..• .. it . •'T /ly�fN•!" r' di� r I�yry -t #:,,,•, ., L'•:'; ., I•- '•a •M �• . D t..=-:t , ;rt^• Y"�-" :YI•iMd11L� R t...(( !� .!Fn19.el I-2•1:41,T1.^-../..... r s- ,.'.�•� /y;_" Y.: 'O *vs sew h Tfs. �.+..a�� + 1 ._. Irk Y.., 9., O •w.r11 ,..c:4: ~t r 'D 0,..•• .- �..,„. 1 .7, 71• h-•q;.�:Ft'�Jt� \' .v -Ira 7r_*tF•7• , �• {a. Y/ 1Cr` ' h •, : \yO 0•r .s. YFI`al"".A 4.y •^+ .0-4-p,4^ - .• °.'n• -tD' ,r;..�. r � .,.O o•w ..•✓. i w., n Fr..>,.2C 'Cy1{-t ��„ ...e.t.a, os.k i'•S y� •4* MOUS"wa tAMPre++.wt:;041 '�A�v-},..,.i'r. 51• iO��.1Myv...,A • '�y^ y� itifip ;1 .+ Ykj'c•' y,A-, .•ri *. I .... 1r ' :w . �w?t! pl•tr.•244! rit.? i ,firi.A'SW-Ve1{ 'r ..t 4'4 7l•'Y•�I'. S�. •t` r 0 Car' ... , ,,rx M .. 6i,...,.•‘•• W.4 . Ira+•N°yx F. > r' hty K hr '•r � ? r y c tr r J: r 4. �•� �-v•c7 V'd2. `4 J^ .T+' T`4 . I`si. •,.'h ,�, ,y. .tri'i4VOICIV q+0,.r. ` 1'• r• •,� 1 �•'. y,:?r•ro-ejoi j --•, !t .r.yy 1 . �'M,.':.nIJ•. l.I: Yw. - t,i ' .�. �M Fr.i•TsN i1 •.'L ri I wt •,,jk`el .R>.7-S':` YI ..rce�7T:t .' a. �p.•ri'•,4Lr ri. I •Jl. N Electrical Fees ' 4^ �.*',y r..rrc'.7k�;(-74,cf,�i-+ . a, P• �'i T.� P� 0 q ..I2rwh7�.:, y • %;1.•`4';',.:;.,� ! ../•,• e•-.- ._.n' y1 • li i 4 w.7 •" r. V ry rA '� >. TIAA. F r 3?^...y7,_I'1... Y. . �C 01 Lk .fit • nC • ..V`4;id' C +t ..ra ,•7�• 4« ...'.-..,.. - - - - ... ... .."._ .. . ."...,w........ ,_:rpro!. •'•tila'�.teT.�!/ .CW..Uiai �j•rA.r�'N u�� w?i .. Y • y .4,t! . e • • RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST TRUDY L. MILLER FOR VIOLATIONS OF THE WELD COUNTY BUILDING CODE 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, the Weld County Department of Planning Services has referred certain violations of the Weld County Building Code Ordinance to the County Attorney' s Office, and WHEREAS, Trudy L. Miller is in violation of the weld County Building Code Ordinance, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violations have not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against Trudy L. Miller to correct said violations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against Trudy L. Miller to remedy the violations of the Weld County Building Code Ordinance, and any other persons occupying the properties , any persons claiming an interest in the properties, and any persons acting in active concert with the identified party. / ' ; -'., , � . ' �� 890462 Page 2 RE: BUILDING CODE VIOLATIONS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of June, A.D. , 1989 . fihBOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Ciierk and Recorder and Clerk to the Board C.WcKlrby, C irman BY Jon nlr, atr_Tem D putt' County erk 4/ APPROVED TO FORM: Gene R. Brantner CGeorge Kennedy County Att rney EXCUSED Gordon E. Lacy 890462 ste\f1 mEmoRAnDum To Board of County Commissioners Oats May 30, 1989 COLORADO From Department of Planning Services suoj«r: Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Building Code Ordinance. Building Code Ordinance Violations: BCV-1091 Trudy L. Miller 26849 Weld County Road 388 Kersey, CO 80644 The Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. 890462 RESOLUTION RE: REGULATING, WARNING AND GUIDING TRAFFIC DURING THE TEMPORARY CLOSURE OF WELD COUNTY ROAD 67 BETWEEN WELD COUNTY ROADS 4 AND 6 FOR APPROXIMATELY SEVEN WORKING DAYS FOR BRIDGE REPLACEMENT 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, pursuant to Section 42-4-410 (6) (a) , CRS: " . . .local authorities, with their respective jurisdiction, may for the purpose of road construction and maintenance, temporarily close to through traffic or to all vehicular traffic any highway or portion thereof for a period not to exceed a specified number of work days for project completion and shall, in conjunction with any such road closure establish appropriate detours or provide for an alternative routing of the traffic affected. . . " , and WHEREAS, the Board, pursuant to said statute and upon the basis of traffic and personal investigations, has determined that conditions exist which make it necessary to temporarily close to through traffic and to regulate, warn and guide vehicular traffic on said County roads by posting signs thereon. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, deems it necessary to regulate, warn and guide vehicular traffic on County roads and any intersections thereof, and it hereby authorizes and orders the posting of such traffic control devices as shall be reasonably necessary to regulate, warn and/or guide traffic thereon for the safety of the general public and that said traffic control devices shall conform to the Federal Manual on Uniform Traffic Control Devices. BE IT FURTHER RESOLVED that the Board of County Commissioners of Weld County, Colorado, does declare and establish that Weld County Road 67 between Weld County Roads 4 and 6 be temporarily closed, with said closure being effective May 31 , 1989, for approximately seven working days, and further, that standard official traffic control devices shall be erected at said closure giving notice of the restrictions. y i 890466 Page 2 RE: TEMPORARY CLOSURE - WCR 67 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the Sth day of June, A.D. , 1989, nunc pro tunc May 31 , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: 7/ �`^^" " �+� WELD COUNTY, COLORADO Weld County C erk and Recorder and Clerk to the Poard C.W. Kirb_ , Ch rman '�= 5 l e J h son, Pro-Tem Deputy County erk APPROVED A TO FORM: .ene . Brantner George Kennedy County Attorney EXCUSED Gordon E. Lacy 890466 I �. r.�.-` -�4. - - • •� .•__, - Wcg (o • ---_:„.,z.7.-,-..:... - a _ =_-. t.� - — l/ �a d� Type fIT (Q?rri lac1e. ��: prrr v= Tye a N;9c.t Flos1� ��• w� ri�y�t �las1 tr �4d ¢losp ` � 0losfd — �..- 1 r-rl uvYvOWi local o . -- x_.,.;._ • N a De'ovr 770 :SFr t_� ` r a1.eL e •�1. rte f2egd C (asPd s/7/ c Foy- 6'idye `pp/ccz - I ,` tz (G 7/ For 0pprow�c/4 7 tAdcvk?4.5 7 mss - ��77 �l .s,rw�_ TITLE Rowel ocuvc f v CR &7 G f LQCR y ctl wCR 6 • ;-•_ - S'S.!VEY BY DATE DRAWN En' ne(' acre v , 4 .751 17- CCHEC►tD BY DATE: / 1 - � a''•:�rt - COUNTY ROAD Na & ..-,--- ,- .. • APPR0VED BY COUNTY EUGIUEEP.. -- WELD COUNTY DEPARTIVI=NT Or ENGINEERING - TO:w J; 2,/n. ': = 89�46S st At,t4; MEff1ORAf1DUfn W�`'oc. Clerk to the Board May 31, 1989 To Date n George Goodell, Director of Road and Bridge die COLORADO From Road Closure Sublar. The following road was closed May 31, 1989 for a bridge replacement. It will be closed approximately seven working days. Please place this on the Board's next agenda: WCR 67 between WCR 4 & WCR 6 GG/mw:frc xc: Commissioner Lacy Weld County Dispatch Weld County Sheriff's Office WCR 4 WCR 6 WCR 67 890466 RESOLUTION RF: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AN AMENDMENT TO SPECIAL REVIEW PERMIT #726 - RALPH NIX PRODUCE, INCORPORATED 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 held a public hearing on the 31st day of May, 1989, at the hour of 10 :00 a.m. in the Chambers of the Board for the purpose of hearing the application of Ralph Nix Produce, Incorporated, P.O. Box 301, Gilcrest, Colorado 80623, for a Site Specific Development Plan and an amendment to Special Review Permit #726 to vacate Development Standard #4 which would require screening on the east and south property lines on the following described real estate, to-wit: Part of the SEI , Section 14, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was not represented at said hearing, and WHEREAS, Section 24 .4.2 of the Weld County Zoning Ordinance provides standards for review of said amendment to a Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24. 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4. 2 of the Weld County Zoning Ordinance as follows: a. The proposed Use by Special Review is located within the Urban Growth Boundary of the Towns of Gilcrest and La Salle. The location of the Special Review area and the attached Conditions and `/ l Y„ �J 890461 Page 2 RE: AMEND USP. 0726 - RALPH NIX PRODUCE, INC. Development Standards make the proposed use consistent with the Urban Growth Boundary Goals and Policies of the Weld County Comprehensive Plan. b. The Use by Special Review proposal is consistent with the intent of the A (Agricultural) Zone District. The warehouse for storage and processing of onions is allowed as a Use by Special Review in the A (Agricultural) Zone District. c. The proposal is compatible with the existing surrounding land uses and with the future development of the surrounding areas as permitted by the Weld County and Towns of Gilcrest and La Salle' s Comprehensive Plans. Uses on surrounding properties include Martin Produce and irrigated farming. No objections have been received by the Department of Planning Services' staff from surrounding property owners. The applicant has submitted a petition signed by surrounding property owners supporting the amendment, and the Towns of La Salle and Gilcrest have indicated no objections to this request. d. No overlay districts affect the site. e. The Use by Special Review Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and amendment to Special Review Permit #726 to vacate Development Standard 04 which would require screening on the east and south property lines of the hereinabove described parcel of land be, and hereby is, granted subject to the following condition: 1 . The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners. 890461 Page 3 RE: AMEND USP *726 - RALPH NIX PRODUCE, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of May, A.D. , 1989. �� ff � •� � BOARD OF COUNTY COMMISSIONERS ATTEST: `721) Q�w tin/ WEY,D COUNTY, COLORADO Weld County erk and Recorder 4141.6t and Clerk to the Board C.W. Kirby, Chai man EXCU ED +Vi gas ,. _Al Jac line Johns , Pro-Tem Ddputy County(;) rk APPROVED AS TO FORM: Gene R. Brantner George Kennedy County ttorncy EXCUSED DATE OF SIGNING - AYE Gordon E. Lacy 890461 DEVELOPMENT STANDARDS Ralph Nix Produce, Inc. Amended USR-726 1 . The Special Review Permit is for an agricultural related storage warehouse to be used primarily for the storage and processing of onions as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 , C.R.S. , as amended. 3. Access shall be limited to the two locations indicated on the Special Review plat. 4 . Forty-foot-long culverts shall be installed at both access points. 5 . All structures in the Special Review area shall be set back a minimum of thirty feet from the Western Mutual Ditch. 6 . No trash, garbage, or runoff associated with this operation shall be allowed to enter the Western Mutual Ditch. 7 . On-site disposal of produce shall not be allowed. 8. Produce shall be handled and stored at the facility in such a manner so that no nuisance is created by odor, blowing of debris and fugitive dust, or spoiled produce on or around the facility in accordance with Weld County Health Department regulations. 9 . The septic system shall be designed by a Colorado Registered Professional Engineer as recommended by the Weld County Health Department. 10 . All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 11. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 890461 Page 2 DEVELOPMENT STANDARDS - RALPH NIX PRODUCE, INC. 12. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the weld County Zoning Ordinance. 13. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 14 . The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment to the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plan or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 15. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. 890461 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on May 31, 1989, conditionally approved a Site Specific Development Plan and an amendment to Special Review Permit 0726 for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Ralph Nix Produce, Incorporated P.O. Box 301 Gilcrest, Colorado 80623 LEGAL DESCRIPTION: Part of the SE} of Section 14, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Vacation of Development Standard 1/4 which would require screening on the east and south property lines. SIZE OF PARCEL: 8.8 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: June 8, 1989, in The New News 890461 lee Board I ��om�orede on a Wetdt Et n, Colorado, on .M e31, ,f1u' ..'•a rItw ` bed ,Ao.o�; described how. ,� rneuant• Villa yeses prAPPiLP A�t Sind Na-a. which' elm ecreeeus :: b` t knee. TnnS�� vs to r mV�to d b Y.1¢ •nd 1e. • [otG tine d the vested ro or inh PINIUSX Wry OWte Ja,1.a e eef: by 1✓A: � _..... r 890461 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 31, 1989 DOCKET # 89-22 AMENDMENT TO CSR #726 - RALPH NIX PRODUCE, INC. DOCKET 89-20 AMENDMENTS TO WELD COUNTY ZONING ORDINANCE DOCKET # NAME ADDRESS HEAPIEG ATTENDING J 890461 M NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Amendment to Special Review Permit #726 are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 89-22 Ralph Nix Produce, Incorporated P.O. Box 301 Cilcrest, Colorado 80623 DATE: May 31, 1989 TIME: 10:00 A..M.. REQUEST: Site Specific Development Plan and an Amendment to Special Review Permit #726 - Vacate Development Standard #4 which would require screening on the east and south property lines. LEGAL DESCRIPTION: Part of the SE3 of Section 14, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1.5 miles northeast of the Town of Gticrest, approximately 3 miles southwest of the Town of La Salle, north and adjacent to Weld County Road 44, and east of Highway 85 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: May 8, 1989 690461 PUBLISHED: May 18, 1989, in The New News 9-4 —^ _ _ elf fidavit of PubCuation . STATE OF COLORADO County of Weld ss. PasmJ1p"a ni w.ru.wwc:a ds ster IA.Wloklet Wesel of said County of Weld being duly sworn.say id Ode s dame Mote ada to that lam publisher of WO la wa•Chmalen e dSt.,- • LA SALLE LEADER Cobr •' '�: I that.the same is a weekly newspaper of general circulation was Calm ta•a MtfiaR 76ar.:•-.- prated and published in the town of ..... ,» •`r'1Mr Oro subdues as 7ss ie Oman; .. LA SALLE I watt men ass Asmatimt r aped I. in said county and state that,the notice of advertisement.of which thataw Farm tte>aasasttrraaa.'' the annexed is a true copy has been published in said weekly Mal.rase.a n,. newspaper for ! mardemrssrtrs All anya'.... s4.rtr.Me srrar.r a at consecuUve weeks: • assnrfMill,'rain A. . that the notice was published in the regular and entire issue of every tai _11 nrrr•r.ling" number of said newspaper dreg the period and time of publiestfon i � '«y t�.YYY.aa� of said notice and in the newspaper proper sad not in a supplement i ear r tt-'-tlttilea situ'- thereof that the fiat publication of said notice was contained in the ' atetreiNIVI p' Watt'. lanai of said newspaper bearing th�ee+y.date of i is aft a and • V A.R. 19aI and the last publication 1�ssyr� ! Y� Mmoot the issue of said newspaper.hearing date. - plerwmansmarmilismst /rttww-alntb"atr�j; assif f the day of • eK7raL1015rOatfthsOiast'rf� < �Vrwttwtst A.Mali Cady 1I� 1 that the said ,. addig asdidas ledamatiallitathatsears - ort0'aoss tram rwi".. LA SALLE LEADER ; tWawe____ Q .,Us-- has been published continuously and uninterruptedly during the `.�00. 'r_•OndwCS period of at lust fifty-two mmutive weeks next prior to the Nast . .., .. ^ • . . • issue thereof containing said notice or advatsmnent slamreferred nears P10.aann to: and that said newspaper was at the time of each of the -A/stKayr. publications of said notice duly qualified for that purpao within the : flditt 'yerri,t.traa,a meaning of an act entitled. 'An Act Concerning Legal Notices. ttMaK drirto a Advertisements and Publications and the Fees of Printers and Publishers th f. and to Repeal all s an ofrd Acts in _ 9atwy,is rb f oft >, • 61911271 malt . all damt a and an 19,1 ills ad r assrrst*amid '' Ovmmtt Ind ithee ostr, Ileaid rwrt laist trrrrssa r_1ir • tava rpnrhserssws 3 and sworn to l sl re me thta.Lday of rtsr4ia.7amrartttrp*sde. A D 19 �j - ��rrar/Ataaad.p, gtts.rr'r n.a rtr.r,s►' tvelanisa take andsval r Ms di 47 Notary Public - Ow* Mir b d I.UPT •.,b+7erivor Avg, a0al1Dfir FOR Lupron,CO 00921 r 000N1 YaatN Nr0 NN90022,: ANDMast rO Dta oosa©• My commission expire June 1902 intarl M.Otpipr My Commission expires Jun3 30, 1992 a u®tr;►•mat . w iiirr:irrfrsai, 890461 STATE OF COLOR ADC ) COUNTY OF WELD ) e ,Jazor ,„ w David S. Reynolds, being duly :,worn ;, the St says that he is publisher of the New a W ' News. weekly new'_;palZ.e► published t a< IA :in Keenesburg in said County and 'r - wilo---po-iseitn len mido W 5peNd review State; that said newspaper has a 77� ,ef.eud b e i euv be Mirfd genera: circulation in said County ,s. cd.ix , and has been continously andi`�e ',�° s w uninterruptedly published therein, v outman m the Cltrir'Ici a period of at least .7 d:' fifty—two consecutive weeks prior to m" a hat aovit the first publication o.:- the � reporters yr'errso M• annexed cd �` w tb.so.'a�• notice; that said newspaper .ts a e( mace actisn ,t• d shifted ip ew, newspaper- within the moaning of the prs0e t° ths Marta& Them=es act of the Oenera1 Assembly of the -:t . Stott: of Colorado, entitled "An Act '° a oe to regulate the printing of legal tA4)itt to anetrey notices and advertisements, " and Ve 10th eiaer; amendments thereto; that the notice of which the annexed is a printed ~ copy taken from said newspaper, way pt.tbl ieshed in said newspaper, and in °u`d i�$012) 'r the regular and entire issue of s ' �wle� every number thereof once a week b_Speciar�Y�7i/�ieav�z; for L week ; that said notice was so •Honk published in said nawspapo proper s;,, cps°''.p-`spa° 1�G p77tp�N p,n of and not in any supplement thereof, Irk, A6 814. .ed Cho and that the first publication of 1��,(� Colorado. 1.00.1 N: said notice as aforesaid , was on the rtrit0.2.1 d 12th day of May, 1989, rd� o a+4,w.::. and the last on the _ a N 18th day of „ y, 1989. ANDERK'1b Y _ rr• , iilettteriNgia,um is The Subscribed and sworn to before _ me this �V day of May, 1989. - Q - tici ICI `ray Publ'AC y �.c�,r.r,�i ;sior xpi,24---71(1/00<-1 ) _ _____ �-m..,.., ta--1}.-9i) Publisher ' s bill sent to Ralph Nix Produce, Inc. S90461 • DATE: May 8, 1989 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 31st day of May, 1989, at 10:00 A.M. Docket No. 89-22 - Site Specific Development Plan and an Amendment to Special Review Permit #726 to vacate Development Standard #4 which would require screening on the east and south property lines. OFFICE OF JJ, THE LE TO THE BOARD BY: i�!%G'�/' Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO y r�nnA 890461 • • t . . Summary of the Weld County Planning Commission Meeting May 2, 1989 Page 2 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. Jerry Kiefer - yes; Rick Iverson - yes; Lynn Brown - yes; LeAnn Reid - yes; Ernie Ross - yes; Bud Halldorson - yes. Motion carried unanimously. �1 CASE NUMBER: Amend USR-726 4 APPLICANT: Ralph Nix Produce, Incorporated REQUEST: A Site Specific Development Plan and an Amendment co a Special Review permit to vacate Development Standard #4 which required screening on the south and east property lines. LEGAL DESCRIPTION: Part of the SEL of Section 14, T4N, R66W of the hth P.M. , Weld County, Colorado LOCATION: Approximately 1 .5 miles northeast of the Town of Gilcrest, approximately 3 miles southwest of the Town of LaSalle, north of and adjacent to Weld County Road 44, and east of Highway 85. APPEARANCE: Tom C. Hellerich, Attorney, Dinner, Hellerich, and Lazar, represented the applicant. They are only asking for one thing different from the original approved request, and that is that they not be required to screen the property on the south and east sides where Weld County Roads 35 and 44 intersect. Screening would cause blind and dangerous conditions at this intersection. He submitted a petition with the signature of area residents asking that this requirement be waived. This was retained as evidence. Tape 345 - Side 1 Bud Halldorson reported he had done an on-site inspection. The buildings and equipment on this site are nicely grouped on the property. In his opinion, this property does not lend itself to screening. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked the applicant if they had reviewed the recommendation, conditions, and development standards presented by the Department of Planning Services' staff. Mr. Hellerich stated they have and do not object to any of these. Since there has been no objections from the audience, the Chairman asked that these items be filed with the summary as a permanent record of these proceedings. 890461 Exhibit, a • • Summary of the Weld County Planning Commission Meeting May 2, 1989 Page 3 MOTION: Lynn Brown moved Case Number Amended CSR-726 for Ralph Nix Produce, Inc. , for a Site Specific Development Plan and an Amendment to a Special Review permit to vacate Development Standard ;#4, which required screening on the south and east property lines, be forwarded to the Board of County Commissioners with the Planning Commissions recommendation for approval based on the recommendation, conditions, and development standards set forth by the Department of Planning Services' staff and the testimony heard by the ;members of the Planning Commission. Motion seconded by LeAnn Reid. 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. Jerry Kiefer — yes; Rick Iverson - yes; Lynn Brown - yes; LeAnn Reid - yes; Ernie Ross - yes; Eud Halldorson - yes. Motion carried unanimously. CASE NUMBER: USR-878 APPLICANT: Daniel Ochsner and Barry Payant REQUEST: A Site Specific Development Plan and a Special Review permit for a recreational facility located in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE of Section 31, part of the SE: of Section 30, and part of the SW; of Section 29, all in T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 700 feet south of the Town of Evans, approximately 2,100 feet north of the Town of La Salle, west and east of Highway 85, and north of Veld County Road 394. Brian Single reported the applicant has not yet obtained an uncontested contract for the purchase of the property. This continuance would enable the applicant time to satisfy the purchase contract, which then would provide him with the sbility to act upon the property. The satisfaction of this contract would also provide adequate access to the proposed site. Therefore, they are asking that this request be continued until May 16, 1989. The Chairman called for discussion from the members of the audience. There was none. • 890461 • • BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Lynn Brown that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: AV Cr r 1"1°n CASE NUMBER: Amended USR-726 6'A' t NAME: Ralph Nix Produce, Incorporated MAY 41989 s : yv4./1" 1. 1 ADDRESS: P.O. Box 301 Gilcrest, CO 80623 REQUEST: A Site Specific Development Plan and an Amendment to Special Review Permit 1/726 to vacate Development Standard 114 which would require screening on the east and south property lines. LEGAL DESCRIPTION: Part of the SE} of Section 14, T4N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 .5 miles northeast of the Town of Gilcrest, approximately 3 miles southwest of the Town of La Salle, north and adjacent to Weld County Road 44, and east of Highway 85 be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance as follows: 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposed use by special review is located within the urban growth boundary of the Towns of Gilcrest and La Salle. The location of the special review area and the attached conditions and development standards make the proposed use consistent with the Urban Growth Boundary Goals and Policies of the Weld County Comprehensive Plan. - The use by special review proposal is consistent with the intent of the A (Agricultural) zone district. The warehouse for storage and processing of onions is allowed as a use by special review in the A (Agricultural) zone district. - The proposal is compatible with the existing surrounding land uses and with the future development of the surrounding areas as permitted by the Weld County and Towns of Gilcrest and La Salle's Comprehensive Plans. Uses on surrounding properties include Martin Produce and irrigated farming. No objections have been received by the Department of Planning Services' staff from surrounding property owners. The applicant has submitted a petition signed by surrounding property owners supporting the amendment and the Towns of La Salle and Gilcrest have indicated no objections to this request. 890461 E.xh ,b ;t -8 • • • Amended USR-726 Ralph Nix Produce, Inc. Page 2 - No overlay districts affect the site. • The Use by Special Review Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: - The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. Motion seconded by LeAnn Reid. VOTE: For Passage Against Passage Jerry Kiefer Rick Iverson Lynn Brown LeAnn Reid Ernie Ross Bud Nalldorson The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case 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 May 2, 1989, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 2nd day of May, 1989. Q\ooa Bobbie Good Secretary 890461 DEVELOPMENT STANDARDS Ralph Nix Produce, Inc. Amended USE-726 1. The Special Review permit is for an agricultural related storage warehouse to be used primarily for the storage and processing of onions as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. Access shall be limited to the two locations indicated on the Special Review plat. 4. Forty foot long culverts shall be installed at both access points. 5. All structures in the Special Review area shall be setback a minimum of thirty feet from the Western Mutual ditch. 6. No trash, garbage, or runoff associated with this operation shall be allowed to enter the Western Mutual ditch. 7. On-site disposal of produce shall not be allowed. 8. Produce shall be handled and stored at the facility in such a manner so that no nuisance is created by odor, blowing of debris and fugitive dust, or spoiled produce on or around the facility in accordance with Weld County health Department regulations. 9. The septic system shall be designed by a Colorado Registered Professional Engineer as recommended by the Weld County Health Department. 10. All construction done on the property shall be in accordance with the requirements of the Weld County Building Code ordinance. 11. The property owner or operator shall be responsible for comply with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 12. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 13. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 890461 Development Standards Amended USR-726 Page 2 14. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment to the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plan or standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 15. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the permit by the Board of County Commissioners. 890461 INVENTORY OF ITEMS S['Rl!ITTFn FOR CONSIDERATION Case Number Les... "7Z4. Submitted or Prenpred • Prior to hearing At Nearing 1. Application e Pages . 2. 1 Application plat(:) 1 page(s) 3. DPS Referral Surmary Sheet 4. n1'S Recommendation 5. DPS Surrounding Propery Owner Nailing Lin G. DI'S Mineral Owners Mailing List 7. S DPS Naps Prepared by Planning Technician ✓ 8. DVS Notice of Hearing .✓ 9. DPS Case Fnmmary Sheet ✓ 10. DPS Field Check 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. I hereby certify that the !O items identified herein were submitted to for Department of Planning Services at or prior to the scheduled Planning Cinin',i.'• lc•n hearing. I further flfat ify that these items were forwarded to the Clerk to rho Board's office on 19 B9. • 1^ .nor STATE OF COLORADO ) ) COUNTY OF { 7J pp ,• ` gT'ED` `v ,WORN TO BEFORE; C THIS �'�' DAY OFokc.ay —19a�1 • SUBSCRIBED'y1. ! ' U3L\GQ$ : • - e: 1.° 890461 • lido:, Y .TARC tsion inn feG YS. 1993 • • 1 EXHIBIT INVENTORY( CONTROL SHEET Case f igneind //SR ' (PaJ fA 77A /✓lG EN /A l4.1/r e.. Exhibit Submitted By Exhibit Description A. B. ideatitI>!n omailykoi ,ll enit.,;/ 4'tø / 14&4#3J .ci c.K-944.4441 47h In /7 y )(kat D. & 0 A Rte,, / ,(4,4 7`(? L/ c /Lice; ,Q zi 40,zruzzi F. G. H. I. K. L. M. N. 0. 890461 • e January 27, 1989 Board of County Commissioners Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Ralph Nix Produce, Inc./USR 726 To NemLntrn of The Board of County Cormisu:i oncr. : We, the undersigned, are familiar with the operations of Ralph Nix Produce, Inc. in Gilcrest, Colorado, and are familiar with the requirement that screening be placed along the south and east side of the USR property. We are familiar with this intersection, and believe that screening of the Nix USR as required under the development standards would create a substantial hazard and nuisance to traffic in this area. We, the undersigned, will support the position of the County and of Ralph Nix Produce, Inc. in voiding and vacating the requirement of screening on the south and east side of the property. N7Edid ADDRESS 2 , aei/,y 8/3 3 )a .S.,_lle C� Sod t5 AC • Z4 ' i 275,7 041 ,yr.-P(4- Co raga ? m . ao34 n r45Ja %0L_2 3 g2es 5y_bcf 51,g, rt.,4 3✓? o&o 110RoAl,// �(1?5& ,(+Dc�5p o Ic. —z toe/ /3 5r 1-TAr,Pc,4 a. d3 iz T Lo,c �4 9 �/t 890461 • • NAME/ ADDRESS (--/7 ./: 2 / .,- - /- 6////,,es 3 5-4 ...:tz)(_-. ../(./ JL79fRetza L(isaIiF C, . sid6 c�.-1) J ) a\n 1GcO, V! )cR �3O 1-asrIleCc ac45 JCS., d - 3fly 1‘2-reS 7o4 a3 ��ye j i 11.t-`) //707 / 4,97 In,siILLPc.v?go6'i3 /r'f 0 '=l//f,Tz=l //Dm"'/%l K'G'I�N.�,,f�'',`. -lC�- &ea. -�'-.ry6 Si Sfe : _____ J'Y CV 914 -u.. ;ire ie.-1...." 80(4 yc-- �f/ ` � r e // - /r(c< 2 L22� k2c\9�`A'AA St(A• Cr � 3/ r 5 - cc/cg- N2" ..a.3 3 4 c> `IeCc7'.7*/ ' •. 7 . / / / 39q so — -l-Ia2i ct.+D G./ r076— . yj i . / i7'/Ca w. t'4', 'e, Aoce," 4-• y /7 L S z e re 60c/? 3 7 de/1,1 �'� .— / , _ / ti< cUC' k_ 'I/C J ✓1c /1F (o% t • .. o a.'i w c by 4r- 5.,11-e ��cci0. '2 .f�(// Iit1, X0-5) the.4.-' ,,i _.44515./ir Co. 390461 • • LAND-USE APPLICATION SUMMARY SHEET DATE: April 25, 1989 CASE NUMBER: Amended USR-726 NAME: Ralph Nix Produce, Incorporated ADDRESS: P.O. Box 301, Gilcrest, CO 80623 REQUEST: A Site Specific Development Plan and an Amended Special Review permit to vacate Development Standard !{4 which would require screening on the east and south property lines. LEGAL DESCRIPTION: Part of the SE of Section 14, T4N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 .5 miles northeast of the Town of Cilcrest, approximately 3 miles southwest of the Town of LaSalle, north and adjacent to Weld County Road 44, and east of Highway 85. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has not received any objections from referral agencies. The Department of Planning Services' staff has not received any objections from surrounding property owners. 890461 • • FIELD CHECK FILING NUMBER: Amended USR-726 DATE OF INSPECTION: April 13, 1989 NAME: Ralph Nix Produce, Inc. REQUEST: A Site Specific Development Plan and an amended Special Review permit to vacate Development Standard #4 which would require screening on the east and south property line LEGAL DESCRIPTION: Part of the SE} of Section 14, T4N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1.5 miles northeast of Gilcrest, approximately 3 miles southwest of La Salle, north and adjacent to Weld County Road 44 and east of Highway 85 LAND USE: N Farmland E Weld County Road 35, farmland S Weld County Road 44, farmland W Residence, farmland ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Located on the property is a large onion storage warehouse equaling approximately 25,000 square feet. The entire site is overlaid in gravel. Access to the facility is off of Weld County Road 44, a gravel road having a county local classification. The northern property is also being used for outside storage of conveyors and other machinery used in the business operation. Overall, the property is kept free of debris and is well managed. By' 'r- ent � la e Pla nez 890461 ' I. � ^y•C:ry S' •• ! • wn• �j 1—s....i--)Jf �M;:• `:.... s �•, 1L.. . • '512.—!... ,:. 'e-;::. \` 1Y.% M •q . +• • ‘4.54:.,z);„.7.- ,�-•� ••I •� • r Sr ^• .•1 NNe - r• •• �\ •••r • •1� ••P.L •Jr L. .. . rte ..• y • n. � v •• r /� P' t≥' la • "• ifl ! IC; • t. lea . 1 I'.';'' r • -.-k••• •— — . . .... , i .6o + 7. • P• 1 tLi •- "-•' •—, ,. — , - I P. o ti GREEL Y t c. •gr. s. ..Q I 1 _o.• y..' G ./r._ •• • •'t ( 1 {n; a •V • •t .Y' ^ /� . • : : ti av f M•0= ea N :M x I +• ...jilt I j s .�,_4• , ••'w l• L� r .. -• •r, y4: . TI I �•• r �..' 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DEPART,T OF PLANNING SERVICES Oy PHONE(303)35&4000 EXT.4400 i 5 STREET ►"ill \ GREE4EY,GOLORARApO 8083e O CASE NUMBER Amended USR-726 • COLORADO April 6, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Ralph Nix Produce, Incorporated, for a Site Specific Development Plan and an Amended Special Review permit for an amendment to vacate Development Standard #4 which required screening on the east and south property lines. The parcel of land is described as Part of the SE} of Section 14, T4N, R66W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been Submitted is approximately 1.5 miles northeast of the Town of Cilcrest, approximately 3 miles southwest of the Town of LaSalle, north of and adjacent to Weld County Road 44, and east of Highway 85. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by April 20, 1989, so that we may give full consideration to your recommendation. Please call Brian J. Bingle, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. s , L� _• n We do not have a Comprehensive Plan, but we feel this request c (is/is not) compatible with the interests of our -) town for the following reasons: 0 wcQzs co We have reviewed the request and find no conflicts with our 3 interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. ��sl/ -/ Signed tre Agency: 4(-� JG �� , S r • DEPART• OF PLANNING SERVICES (Ics WES POTTER <09 WELD COUNTY HEALTH DEPARTMENT =E7 pf 1516 HOSPITAL ROAD 6.31 GREELEY. CO 80631 RECEIVED sArarrnn:r! LW/ISIT1 CASE NUMBER Amended USR-726 • COLORADO :39 April 6, 1989 IC NTT? TO WHOM IT MAY CONCERN: Enclosed is an application from Ralph Nix Produce, Incorporated, for a Site Specific Development Plan and an Amended Special Review permit for an amendment to vacate Development Standard #4 which required screening on the east and south property lines. The parcel of land is described as Part of the SEi of Section 14, T4N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1.5 miles northeast of the Town of Gilcrest, approximately 3 miles southwest of the Town of LaSalle, north of and adjacent to Weld County Road 44, and east of Highway 85. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by April 20, 1989, so that we may give full consideration to your recommendation. Please call Brian J. Bingle, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. W €' 2. We do not have a Comprehensive Plan, but we feel this request s V � (is/is not) compatible with the interests of our town for the following reasons: ze, „4 co czci .43 t• � ,. 3. ✓ We have reviewed the request and f nd of conflicts th our lE 1 interests. 1-ye nov,%/ti a o`,.. tow, S. s�C5' 5Co.d A ep.en C % /Wore . 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Pleas• re •r to the enclosed let r. ��p� ►►�//////J Signed: �;i� (/L�l/O'► �Q„ Agency: (/) 7./`L�9 REFERRAL LIST NAME: Ralph Nix Produce CASE NUMBER: Amended USR-726 REFERRALS SENT: April 6, 1989 REFERRALS TO BE RECEIVED BY: April 20, 1989 COUNTY TOWNS and CITIES Attorney _Ault X Health Department _Brighton Extension Service _Dacono Emergency Management Office _Eaton Sheriff's Office _Erie X Engineering _Evans Housing Authority _Firestone _Airport Authority _Fort Lupton Building Inspection _Frederick _Garden City STATE X Gilcrest _Historical SocietyKeenesburg Water Conservation Board ----Kersey _Oil and Gas Conservation Commission X La Salle Lochbuie FIRE DISTRICTS _Longmont _Ault F-1 _Mead Berthoud F-2 _Milliken _Brighton F-3 New Raymer _Dacono F-19 _Nunn _Eaton F-4 _Platteville _Fort Lupton F-5 _Severance Galeton F-6 _Windsor _Hudson F-7 _Johnstown F-8 COUNTIES X La Salle F-9 _Adams Longmont F-10 Boulder ----Milliken F-11 _Larimer -- --Nunn F-12 Pawnee _Platteville F-13 FEDERAL GOVERNMENT AGENCIES _Platte Valley F-14 US Army Corp of Engineers Poudre Valley F-15 _USDA-APHIS Veterinary Set 'ca _Rayner _Federal Aviation Administa_ io.. Southeast Weld F-16 _Federal Communication Commission _Windsor/Severance F-17 Wiggins F-18 -- --Western Hills F-20 SOIL CONSERVATION DISTRICTS _Brighton OTHER Fort Collins _Central Colo. Water Conservancy Dist. X Greeley Panhandle Eastern Pipe Line Co. _Longmont �Tri•-Area Planning Commission West Adams COMMISSION/BOARD MEMBER X Western Mutual Ditch x Lynn Brown 890461 • DEPARNT OF PLANNING SERVICES ` << C DREW 5CHEL7INGA oo ft 11.1 WELD COUNTY ENGiNEERIN6 DEPT _7 ``• APR (�7 19S9 �� 31 I' 937 N. 11TH AVENUE wimiGREELEY• CO 806.3 C. CASE NUMBER Amended t'SR-726 COLORADO April 6, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Ralph Nix Produce, Incorporated, for a Site Specific Development Plan and an Amended Special Review permit for an amendment to vacate Development Standard #4 which required screening on the east and south property lines. The parcel of land is described as Part of the SE} of Section 14, T4N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1.5 miles northeast of the Town of Gilcrest, approximately 3 miles southwest of the Town of LaSalle, north of and adjacent to Weld County Road 44, and east of Highway 85. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by April 20, 1989, so that we may give full consideration to your recommendation. Please call Brian J. Single, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our r) town for the following reasons: 7871 3. K We have reviewed the request and find no conflicts with our interests. 7 4. A formal recommendation is under consideration and will be submitted to you prior to: _ 5. Please refer to the enclosed letter. 890461 Signed: �� • Agency: E-. .i 4 . 4r CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in the case 1Amended USR-726 for Ralph Nix Produce, Incorporated, in the United States Mail postage prepaid First Class Mail by postal card as addressed on the attached list. This 6th day of April, 1989. Qo4k TO: SURROUNDING PROPERTY OWNERS OR OWNERS AND LESSEES OF MINERALS IN ACCORDANCE WITH WELD COUNTY'S NOTIFICATION REQUIREMENTS. The Weld County Planning Commission will hold a public hearing on Tuesday, May 2, 1989, at 1:30 p.m. in the County Commissioners' hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, concerning the request of: CASE NUMBER: Amend USR-726 APPLICANT: Ralph Nix Produce, Incorporated REQUEST: A Site Specific Development Plan and an Amended Special Review permit to vacate Development Standard 114 which required screening on the east and south property lines. LEGAL: Part of the SE; of Section 14, T4N, R66W of the 6th P.M. , Weld County, Colorado LOCATION Approximately 1 .5 miles northeast of the Town of Gilcrest, approximately 3 miles southwest of the Town of LaSalle, north and adjacent to Weld County Road 44, and east of Highway 85. For more information call Brian J. Single, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, CO 80631 Phone 356-4000, Ext. 4400 890461 RALPH NIX PRODUCE, INCORPORATED SURROUNDING PROPERTY OWNERS AMEND USR-726 Kenneth Hungenberg 21470 Weld County Road 35 LaSalle, CO 80645 Clarence Carlson 16894 Weld County Road 44 LaSalle, CO 80645 Ethel L. Segal, et al 7877 East Mississippi, #1202 Denver, CO 80231 Ida Dinner, et al 1814 14th Avenue Greeley, CO 80631 890461 r Affidavit of Pub&ication STATE OF COLORADO County of Weld ss. I A.Maier Riegel of said Count/of Weld being duly sworn.soy that I am pubbeha of PLATTEVILLE HERALD that,the same Is a weekly newspaper of general circulation visa printed and published in the town of PLATTEVILLE �oltotwn�ucaruwo ... to said county and state that the notice of advertisement,in of which Slimes, tailegusafPlearditegsanimills the annexed is a true copy has been published in said weekly Mart Mk 3O�M n newspaper for / Pin• se filb spas 4estts�swartw~^r Mr ressa consecutive weeks: kernel tots Owa4 Si Mw�wa� that the notice was published in the regular and entire issue of away g,,, �sisella•Slat w S: . ' rest number of said newspaper during the period and time ofpubbesnon Weittairaisatileatiallalas. of said notice and in the newspaper proper and not in a supplement thereof:that the first publication of said notice was contained In the AltlWairfliliblitek�ars�lrr geese Issue of said newspaper bearing the dateof Mel (-170--...-12- /2 A.D..19/79 and the last publication i w ra w third.to the Issue of said newspaper,bearing date. aPP?w!+fftera*beat A„ , _ the 50.--Wt /li'day of Winlieaarfainb linenern, eater sa.ia..a so gasael asa.o Pena aisle 10'1J that the said Sri llai e�sr p,��` na se a.ssr tea ass inn"arra... PLATTEVILLE HERALD ►ocals*sawesi.mbti.lass has been published continuously and uninterruptedly during the ,r.rsisao al e.Tww.st,ak ass,>t period of at least fifty-two consecutive weeks next prior to the fleet a.wsisMewtWWATaarw leave, issue thereof containing maid none or advertisement above refereed Well gift* lase meth meta + ak to: and that said newspaper wan at the time of each of the publication*of said notice duly qualified for that purpose within the a�:.Si ert►aan�ry.s:�.:.. . meaning of an act entitled, "An Mt Concerning Legal Notices, : Advertisements and Publications and the Fee of Printers and 7a*est*lead MIS taY M the Publishers thereof, and to Repeal all Acts and Parts of Mu in WW1 Cits4 Crwlrr ermem% Conflict with the ofthV -lea 921. �.t36T Rua nis0'daas ail am en f. and Tr/)as en . tly ao FS Cl . �w'�wr• allnilkinb a seed a• -• ,.J a.1911. nMsaMO.eisssverreatsMsg ale as /7/ "Ai-er ,/ _assitishowerceandicse lea Sisk Rtaa aegArsibrotol. wills MO.eslaretwebnaditesrOrseen 9ates ahear�a" a' Subp ye2nd sworn to re me thiadgy of ; linotanialsetieniallaptLoweeS (Owes seeriese.mawaseg wow Cunt Crean Caer.%sla Tee 415 D NV£R AVENUE : ____%_ .. FT. LUPTON, CO 80627 naara*arwirtd„al tare' Aire 12.ilea My commission espl t s June 1902 My yr nr;::: .a,°C :r;:•me SO,1C92 r 1 ,1,.,- .). 10777--Iii 1 APR 1 7 1989 a • . 590461Weld t . Plati'itu Gumrsizmo P! , ' . : . - re- :21/1 el fr `r {{�{D-wL ws.r.� �. Atm. ipe .. }{a 0 " . lito 'taf i a .. rv: t F " +�l aFor • 06/1 fAft` 42 001 rYM1T„ ,«... _s.d; F•<≤{.8 t. )F WLL X22 I/ co 1•••:c i,;rr . `.:`. \Al N fo rlf��. Qa X01 coo _____\.......-•r......... \\�/� e $a \yyLO i....bits. w_„t' '4 ;.;:- 0 IV' sett WC tj5.. t.s?• • ;.: 1`k. moor 107251 it' WC° 0 . {1e ' + a'{�,rti 1Q`' BF pYQ�0 83° "41 tr 1;2 ;. . . 0 +: . t - _ _ to / . . . • e{ �. 0N. •- •. r - _ - - M • , J , ♦ • - • • USE BY SPECIAL REVIEW APPLICATION TO AMEND USR 726:86:7 Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone — 356-4000 — Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SE' Section 14 T 4 N, g 66 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W Property Address (if available) PRESENT ZONE AC with USR OVERLAY ZONES TOTAL ACREAGE 8.8 acres PROPOSED LAND USE Agricultural related warehouse for storage EXISTING LAND USE Agricultural refted warehouse tor storage SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Ralph Nix Produce, Inc. Address: P.O. Box 301 City Gilcrest, CO Zip 8.0623 Home Telephone 4 Business Telephone U /.ii-2461 Name: Address: City Zip Rome Telephone 4 Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: same as above Address: City Zip Home Telephone 4 — Business Telephone 0 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: same as original application Address: City Zip Name: Address: City Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) .- S n tuze Owne r Authorized Agent Subscribed and sworn to before me this eCdi day of /1/(V/P, 19n . / ni gr1 , Y)it Arfi ` NOJARY PUBLIC 6y cetanssion expires 424 l6 /9n4 896461 • • EXHIBIT TO APPLICATION FOR AMENDMENT OF USE BY SPECIAL REVIEW OF RALPH NIX PRODUCE, INC. TO THE BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO, and to THE WELD COUNTY PLANNING COMMISSION, and to THE DEPARTMENT OF PLANNING SERVICES. This Amendment to the Use by Special Review, originally USR 726:86:7, is submitted by the applicant, Ralph Nix Produce, Inc. , as a request to delete Development Standard #4 which provides as follows: The Use by Special Review property shall be screened on the south and east sides. The location and method of screening shall be reviewed and approved by the Department of Planning Services staff. The applicant requests that this Development Standard #4 be deleted, as this requirement is unnecessary, and in fact, will create a traffic hazard if constructed. In all other respects, the USR 726:86:7, as approved by the Board of County Commissioners of Weld County, would remain in full force and effect. Respectfully submitted, (7P' _ .--Thomas E. Hellerich #2159 Attorney for Applicant 890461 • • NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Hungenbcrg, Kenneth 21470 WCR 35, LaSalle, CO 80645 62105713000024 Carlson, Clarence 16894 WCR 44, LaSalle, CO 80645 62105723000022 Segal, Ethel L. et al 7877 E. Mississippi #1202, Denver, CO 80231 62105724000021 Dinner. Ida et al 1814 14th Avenue, Greeley, CO 80631 62105714000059 890461 L:-177, aif•• .-; '1: t "-EN, Ad2CS4547 1111 REC 02054547 05/22/86 1 $12.00 1/004 ' `- ;��+z,. p,� 1771 MARY ANN FEUERSTEIN CLERK _JRDER WELD CO. CO ; . c' 4.t lo^ bh J.#•',�� ter. . —� /4 eon. State Dacutnentnry Fee > = -h• , . o�0 19th 4 'r A f� Dote Z)P.w_.s7.7.+ Y� ' lA. '�'S�" '� WAARMTY DEED S ' + P! --- ,; •pM 7', • +.{n�ilA �� . Ge lC.., +n i • KNOW ALL MEN BY THESE PRESENTS, That Ida Dinner. Rae Barnett ' .. h_.7' N0Pk 'e^c " Weiland, Sidney E. Dinner. Albert J. Dinner and Melvin Dinner, for the tsa„ 37,• { `+ " 'a f consideration of Ten Dollars and other valuable considerations in hand ist� t { t fIL paid. hereby sell. and convey to Ralph Nix Produce, Inc.. a Colorado • ''�xr: `.. • ' �(�n ` 1 corporation. whose address is P. 0. Box 301. Gilereet. Colorado 80623. •e,. v t,r�. • )7 ., R x1 the following real estate and property, situate in the County of Weld r x( +fligr " a r rtb � ?• and State of Colorado, to-wit: • .. . +wx �$ti •c x�a+, ;� Lot A of Recorded Exemption No. ifr4� � '/tlw�Ya• .fir`#,j / 1057-14-4-RE850, recorded April 25. 1986. in A r `? ��,;�p!+4�4 [. took 1110 under Reception No. 2051240 of the • .fi+ . � r P �j Weld County records, said parcel being that ' �� part of the SE) of the SE} of Section 14, �. ' S. l ° 3 Township 4 North, Range 66 West of the 6th C:ii. P.N., Weld County, Colorado, lying South of � rr ; ;ib oA>.. ry;,. the South right-of-way line of The Western ',vlrtt•-_ " , Mutual Ditch, being more particularly nU. K described as follows: dam•+, Beginning at the Southeast corner of Section 14, said point being the TRUE POINT OF . • Pj� i,�,r ^�„�,'ii� BEGINNING, and considering the East line of .; �• • + y said section as bearing North 00'00'00" East • • �� along said East line, 1321.21 feet; North 90°00'00" West. 30.00 feet to a point on the ,•�; West right-of-way line of Weld County Road *'•h C.{�, :34i .:� . 35; Thence South 11.22'06" Wept, 520.66 feet: .- ^ . ^+��;;S ;: ti Thence South 23'52'22" West. 411.28 feet;• r , ` 'r Thence South 49'57'44" West, 636.28 feet to a ;ai;L • I i 5C`j3;+ai e�? point on the North right-of-way line of Weld �.•}rY ' ( County Road 44; Thence South 00'03'11" East. V t'•rr� . �•.-,A r. .` 30.00 feet to a point on the South line of �{e / said Section 14; Thence North 89'56'49" East. ' .i,J.'�S;. 803.95 feet along said South line to the TRUE /! a ier,.'}Igr+.: POINT OF BEGINNING. containing 8.88 acres, W� yn.c- .�Y• sy� �. �e more or less w together with all its appurtenances, and warrant title to the same, titer e ' )v .KM. subject, however, to the following; ;` '• '��' ";'-"ii (1) 1986 taxes due and payable in 1987; (2) Rights of way cr ocher easements appearing of record or as now r existing on said premises; ., -• v k!< { (3) Easement and right of way as granted to Panhandle Eastern • i° `t<, ≥ ? '. Pipeline Company by Louis Dinner and Ida Dinner in instrument recorded {{+ d+ f„+`;; October 19. 1976 in Book 780 under Reception No. 1701683 of the Weld• [� � + : „ County records; r'r r (4) Oil and gas lease dated June 13, 1975° recorded August 18, � .�:• 1975 in Hook 745 under Reception No. 1667414 of the Weld County records. t• ' ,.(, end any interest therein or right. thereunder, including. but not• l y •+'" limited co extension of the above lease as claimed by Affidavit of ICY t • , ln t, , .• _ •i, 4 4y ,cf; 890461 +" .,!IP4Yial rt v`wwAx„d4l~ S;.L"�=ci'u".:'pI✓Preill �~ if�',�y r'..art�..fro artiw11'tr10:hri•).•t(ii r�'•''V-1471.1�`+�le't '� 2 - iri fr. Y'_i r'' •a1Se.'W' (y.. .(,e, .:,, �� L ",• •, An/ REC 02054547 95722/86 1G:16 2.00 2(004 1, ,�, a;S.A},7` $?s) F 1772 MARY ANN FEUEkSTEIN CLERK 6 RECORDER WELD CO, CO ; t 4r`f 1 M I �I.i t.0ryt.tel t".. [reduction pursuant to 1971, C.R.S. J8-42-106 by Thomas O. Vessels, � � Fr ayif ,.,Fy ` recorded August 8, 1977 in book 805 under Reception Nos, 1726786 and Li "1t a ye"' \ 1726787; w... p • '.�1 v'tY '4, 1 (5) A reservation to the grantors herein in and to all oil, gas. '- M1 r ��d7, aa,,� minerals and mineral rights in, and under the above described premises. *^ 4" y, ' together with rights of access thereto: 2 Ct � 15 ` �Ey, (6) Mineral deed recorded November 4, 1976 in Book 701 under ye ,4. Reception Ne. 1702823 of the Weld County records and any interest n , therein or rights thereunder; a' X, 'et .,`'c. •wv __ (7) Mineral deed recorded November 4, 1976 in Book 781 under Y r Reception No. 1702824 of the Weld County records and any interest s . • s. .�4gy'4 4 therein or rights thereunder; y { '`'i ,j (B) Mineral deed recorded November 4, 1976 in Book 781 under •• \A Reception No. 1702825 of the Weld County records and any interest �- therein or rights thereunder; ,� y'sw q y 1" e `'1 (9) Mineral deed recorded November 4, 1976 in Book 781 under ,1,-t spy Reception No. 1702826 of the Weld County records and any interest jf^ iy • Y'` therein or rights thereunder; � �,,.•rtitX M t (10) Location of the above described parcel within the boundaries S i'.' i of the following: (a) LaSalle Fire Protection District: (b) Westi,`#ry.: ryr Greeley Soil Conservation District; (c) La Salle Latham Zoning; (d) , . • Central Colorado Water Conservancy District; and (1) Central Weld County +N,t... ^ Water District. l� • �� ti r Dated May 1. 1986. %, { Ida Dianer h •,y rte ,:_ i , Kae • B/eJnnett Weilando t)� acl( 'G Rr." }# �J .^,,.t• Sidney E. DSnme; k yk a as . . ,°• ,r Albert J net Melvin Dinner • • 0.0.•` �f ^'w''r: t� tws: r, t iwr • +kla fKst� .s K d Y ' 'y�•} 2 ..y .Ir. M1. � l�Y' 890461 l: .yi l74�i1\r • r 1 •• rrf . ,.Y c, 1.,1•�Crar-i„e,u... :II' wn r. 'TH67 'wvu ai '..m.,. „r A'.A,01:1b.,•:.#.-) . Y"' �a r �5L u.++rra'.�nuM.Ba.rrw /r`: :' t/foci✓ • r DI '13 RTC 02054547 05/72/86 16:16 / 112.00 3/004 tiM�yL J,. f10`�'/�M., F 4/73 MARY ANN FEUERSTEIN CLERK 6 RF.L JER: WELD CO, CO Les t NAt L .t.a,.t 1 � Fw -�':4',�°� ,'f -4+ STATE OF COLORADO ) 1y",,.r• . Qtr` ) 55. ry ^Ef1� tioi. •• t COUNTY OF WELD ) ' +' `, h foregoing instrument was acknowledged before me this ,/,' 41 V. N ". day of �/fn 1986, by Ida Dinner. a J ' YYY Ij. A WITNESS My hand and official seal. i o •'ti, ^'"yr. ?,• My remission expires: �,/4,Q7rr. • r+s at..✓ c.r< )112e. a 1,M( Notary PubJ.ictLLf. ../ r • STATE OF CALIFORNIA ) e •d.' ) ',S. w (• �'y S - COUNTY OF SAN DIECO ) I ' P The �p$regoing instrument was acknowledged before me this /� w,Y> ' .;, t day of ///J'r , 1986. by Rae Harnett Welland. :, WITNESS hand and official seal.3 OFFICIAL SEAL } +� }pw.�; _ 10RA K MASHY +"'�` r JT} r 'r • NOT r t c N. CALIFORNIA �••'y''t' �+yr� Son expires:340j G M S '1 •.40A '''.. / / SAN DIEGO CDuxTV 4 {,y,-TV1 Oi L MY COME open MAR 4 1967. "C., ) 'n 1 5 't? NOTARYPU01y CAJ.MI•Cri � Notary Public / f� °-.te r M' STATE OF MICHIGAN ) �'�•, iA ,�J l'w COUNTY OF WAYNE ) '. .; 'Ye • 'q,P The foregoing instrument was acknowledged before me this (p�((� `_t; ;#.- f? :a'1 day of , 1986. by Sidney E. Dinner. .r rte: y i7 Y 5 1/4 � WITNESS y hand and official seal. N < ' 5AI!' ,. My commission expires: Ga"ll"g9 • v 4X { 114 /t :�+ ; • Nocary Public ‘....... ".--=.s. r ' ' STATE OF COLORADO ) ' •4 .j ) SS. '++''6i r 4r((�`�));•'r (9'S; COUNTY OF WELD ) r Y.i/"cp a(� {etit.c Thec"ff l/...rregoing instrument was acknowledged before me this / day of fr , 1986. by Albert J. Dinner. -•j'i'. WITNESS My hand and official seal. H '� t: ' „rs GC nritr�,i ` r • My commission expires: 7 /QP7 z .of Public x 1 J..•� F. yL11M' . 4r 1.y.�•' Yi •t'1i'Y.iS:• A.t�r v f 'r" 890461 �>• {, N � +, 14 `- re Li? a i 'a: ;' '3 REC 02054547 05/22/86 16:10 '12.00 4/004 p, � JtiYyJ� < i"Jr• `fair/ 1' /4 MARY ANN FEUERSTYIN CLERK & REO ER WELD CO, CO t' Syr• iierf.e5 -�,r y,1.1I,1,45:,,t STATE OF COLORADO ) sue •: � tse,,e,'yV� ) Ss. r .0494 ' _+4r 3.•isCr• v'.i + COUNTY OF WELD ) .k','�,+ �11 .S r /ar'1 a zi 4. 4 t,...);%47.--,74./.4 The foregoing instrument was acknowledged before me this , y.�� ., p'+ day of 1/412')44/„....____, 1986, by Melvin Dinner, f � tvi etre- 3 krro-+ACC' WITNESS My hand and official seal. '� ,* yy �.ti�c My commission expires: 412 9, /'/97 rpccum.4.4:44.(Z. , .atY n w �y 1 1 4y;i"r' it �g Notary 1'ubltc • : ' .�q . ' � 4L:1' O ' ^ ii GFf� Y 4.1H.....cyyet-40thiotaz ,,y , \ yty4iyi ,Ted« aC M H 1✓ 5J y fily�N� ,,,( ;57 treXfl l . 9�'F 1 41f1 ,. ,:or 7. l r . r s z^ ^ 14:.: 1• .Y ,i`W'�+'fatJ'1 I �w 4 �A`31l:w1, y8 A041S1 : t di • .... •�,,Carrr t*Iles 1 and 3 alma uM ee a-.C rltaa.ft dd.and a . Suns co c Put your mums Intn:'n21URN7CNpaor' revs eldn:Stan toodooMtlsSI sett this -T 6 owdtransnosisAto mu. voua �w ci Ca» 'rn �'� N -----� —„„ 1. ,Stvivtte ram. .'arriatislse'sadb.00..... 2. 0 Mary kJ, — ai o 0 CO 3. ArtkN AdOrs•ad 4 AS* Ja g ir a s.ripK o a c RALPH NIX PRODUCE, INC. ► P.O. BOX 301 roams O1° na a • z o wGILCREST, CO 80623 O Ems 0�a x , - i PawnP ober stouts d.ddasan • 846 —.ArniallS2. �a w O . _ _• 6. Crl � ' - •Addis graz(1. . Ne Aa 4 V ' JirOd4 2 - ' o.s d o.w.nr �PC� 9 r . qOen ' PS Pam 9811,WL1988^ 'U.S.O.P.O.1$U-212-885 DOMESTIC RETURN RECEIPT r` Q ... _ ____ ., a. Aram AdarN••p CO: - 4. Article Narbr -- Ln a a• ..00 KENNETH HUNGENBERG otSe"ds s z Z a 21470 WELD COUNTY ROAD 35 rains 0 Insured oCOD7 o o o LA SALLE, CO 80645 0 bs •Std 0� � o ca 0 - At ra*OSGi ssadaddasaa -- 4 - w w or.prdrN a � . zx 3 ..a - 6• & Address's Address(ONLYV -d o tireptaid ardJlrydaD La N a X - - _,_ 7. Ds of OsOvay - H 6/I-r9 r,r P;Pam 3811.Mw 1988 • U.3.Q.P.o.1066-412-88& DOMIRMC WWI RECEIPT N O N O VA:- I s y, 43 CLARENCE CARLSON 7Un ed ❑Insured Is, 7 H 0 16894 WELD COUNTY ROAD 44 twrdlMd 0 coo • S P co a o LA SALLE, CO 80645 gam m ❑MMrl:a nri w , s 0 Anwrya,Obis Sputum d adds.. C.) a V .. .-_-- .- _-_.. aaparrt and DAR Os.IVlIIlD. a cw.) 3 ..1 S. Addrsi S. Alpleild�•�(OAUY(E 4.1 o < X L re' same— off c d. Signature--Avant a .o ¢ ' 7. Data d - w O ___- l Pares 3811. 1988 • U SM.O.1s88-412-aaa DOMESTIC Rlfl i RECEIPT N .. -r. r,�-•••.g to: 4. Aid*Number ru s r- < w ETHEL L. SEGAL, ET AL j Nadararad CI rrauad s 7877 EAST MISSIS PEICO 4-4 , #1202 [ROSINS ❑OOD of - w vi m DENVER, CO 80231' ❑eoorw.Mss 0 y.. 7": S -i--4 N s ,. ¢ CO DOo Ater.Man alonp. eddiesof a0 es • ,, P4 I d. - _ - �1 J N m w x y 198° mr. o 30r ;F 7` r _ ; PS Porn 3811,Mr. 1988 * U.S.C P.O. 1000-21R-US DOMliT1C RETURN RECEIPT 5� SLooa� / / 1• IDA DINNER, ET AL 7,y oresi•rvd++ CI Insured N 1814 14TH AVENUE Cwdbd DCOD s a m - GREELEY, CO 80631 02rmrsMs '0 "2"i a o ' = Musa of alneintus d adss d . s w z a '� _ _ _.._ _._-_— or apantawl 9A171414PINIlD• a ¢ o 6. ,.Adp S. Addrasaa'a Address(ONLY$ a w S �' _ , r•p•sdaidJ6•F�1 c a 1. a -Apant s m X 6 '- w - I 7, or OsIlrary ❑ aom PS ton.3811.Mt 1968 • U.S.O.P.O.1068-212-flat DD8128TIC anal'RECEIPT elan/Lai ✓-* - - RESOLUTION RE: DECLARE CERTAIN VEHICLES AS SURPLUS PROPERTY 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, State statute and the Weld County Administrative Manual require that all items disposed of be declared surplus by the Board of County Commissioners, and WHEREAS , the County has identified, on Exhibit "A" , certain vehicles no longer needed by Weld County and recommended to be traded for two new ambulances. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board hereby declares all vehicles listed on Exhibit "A" as surplus property. BE IT FURTHER RESOLVED that the Board hereby authorizes the trade of said vehicles for new ambulances. The above and foregoing Resolution was, on motion duly made I and seconded, adopted by the following vote on the 5th day of June, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: ) WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.W. Kith ', Chai man BY-:,. g4c-nu ' LI t-74.49 J ne Jo son, Pro-Tem eputy County erk 7? gat APPROVED AS TO FORM: ene R. Brantner may-- et C -->7g:::-O George Kennedy V County Attorney EXCUSED Gordon E. Lacy li le y;s' : - 890468 ASSET I* YEAR MAKE %/TN i4 7.S'5...:.�1^ rt0iifh i.gf24 OFiD .1.F()M:'E-7.70I.._`%PH . 53?�5 527,-T1007 19P(5 coRD i FDk.'.E7•OI....9F 890468 • AR218167V ORDINANCE 118-I IN THE MATTER OF AMENDING AND DELETING PORTIONS OF ORDINANCES NUMBERS 118-G AND 118-H, THE WELD COUNTY PERSONNEL POLICY HANDBOOK, AS AMENDED. No ov O BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD U COUNTY, COLORADO, THAT PORTIONS OF ORDINANCES NUMBERS 118-G AND a 118-H ARE AMENDED OR DELETED AS FOLLOWS: a or o* oa WHEREAS, the Board of County Commissioners of Weld County, Q>o Colorado, pursuant to Colorado Statute and the Weld County Home a Rule Charter, it is vested with the authority of administering the o affairs of Weld County, Colorado, and uMia WHEREAS , the Board of County Commissioners has the power and o authority under the Weld County Home Rule Charter and the Colorado el County Home Rule Powers Act, Article 35 of Title 30 , C.R.S. , as a amended., and in specific, under Section 30-35-201 (7) , C.R.S. , as 00u amended , to adopt by Ordinance, personnel policy rules and z regulations for the County of Weld, and O I-4 WHEREAS, Weld County Ordinances Numbers 118-G and 118-H, the MI1 Weld County Personnel Policy Handbook, as amended, became m effective on March 29, 1988 , and on June 27 , 1988, respectively, ▪ w and vflw co z WHEREAS, the Board of County Commissioners of Weld County N hereby finds and determines that there is a need to amend and O� delete certain portions of Weld County Ordinances Numbers 118-G U a and 118-H, the Weld County Personnel Policy Handbook, as amended, and that such amendments to and deletions from said Ordinances are • o for the benefit of the health, safety, and welfare of the people n1/4O of Weld County. N 4-1 w NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that the following portions of Weld County Ordinances Numbers 118-G and 118-H, the Weld County Personnel Policy Handbook, as amended, are amended or deleted as follows : Amend paragraphs "D. " and "E. " in the Section entitled "Jobs Programs" and found on page 11 of said Handbook, to read as follows: "D. Employment Services of Weld County - The Weld County Department of Human Resources places people Page 2 ORDINANCE 118-I • N O o v in various programs including in-school and summer • youth, diversion or welfare diversion, etc. " NO J o "E. Useful Public Service - This program is limited to a individuals required to perform useful public OO C4 service in lieu of some other penalty. " o P Y o wx Add the following paragraph in the section entitled "Exempt z Positions" and found on page 13 of said Handbook: p a "H. The District Attorney for the Nineteenth Judicial cnc4District and any and all assistants, deputies, and " 0 other employees of said District Attorney. " X w Add the following paragraphs entitled "Drug-Free Workplace" on rn a page 13 of said Handbook, after the section entitled "Sexual o a Harassment. " cz DRUG-FREE WORKPLACE �o F o N In accordance with the DRUG-FREE WORKPLACE ACT OF e O 1988 , weld County as a federal grant recipient is w required to certify to the granting agency that it will co z ensure a drug-free workplace. Failure to comply with ✓ z this requirement could result in suspension of the grant o payments or termination of the grant payments or both. a a This requirement presents both a necessity and an m opportunity to take immediate action to eliminate drug °G abuse from the workplace. To that end, the following M a policy is effective immediately. N ~ STATEMENT OF POLICY: FQ It is the policy of Weld County to prohibit the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance during duty hours or on County premises or other work sites where employees may be assigned. Further prohibited is the use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances during non-working time to the extent such use impairs an employee' s ability to perform his/her job or where such use, sale, possession, distribution, manufacture, or transfer affects the reputation of Weld County to the general public or threatens its integrity. Page 3 ORDINANCE 118-I Any employee found in violation of the above-stated policy will be subject to disciplinary action, up to and including termination for a first offense. No o J 0 Excluded are prescribed drugs when used in the m O manner, combination and quantity intended, unless job O performance could be affected. Employees who must use o an over-the-counter or prescription drug that causes o w adverse side effects or may affect their ability to o ',. perform work in a safe and productive manner must notify o z his or her supervisor prior to starting work. The `" cc�a supervisor or manager, after proper inquiry, will decide O if the employee can remain at work and what work w restrictions, if any, are deemed necessary. ma in .. ,a Compliance with the above-stated policy is a o x condition of employment for all employees of Weld z County. Further, any employee who is convicted under a a, a criminal drug statute for a violation occurring in the co a workplace or who pleads guilty or nolo contendere to 1/40 z such charges must notify the County within five (5) days m of such conviction or plea. Failure to do so will o result in disciplinary action, including termination z from employment for a first offense. Employees .2' convicted or who plead guilty or nolo contendere to such w drug-related violations are subject to termination .-ice and/or mandatory attendance and successful completion of co z a drug abuse assistance or similar program as a N a condition of continued employment. 0 a a Change paragraph"P."in the Section entitled"Conduct"found on page 14 of said Handbook to paragraph "Q. " V' N `""° Amend paragraph "G. " in the Section entitled "Conduct" and N ,N - .y found on page 14 to state as follows: 5 :. "G. Using, possessing, or selling alcohol or other intoxicants, or controlled substances during duty hours or on County premises or other work sites where employees may be assigned, or using, possessing, or selling alcohol or other intoxicants, or controlled substances during non-working time in a manner and to an extent which impairs an employee's ability to perform his/her job or which affects the reputation of Weld County to the general public or threatens its integrity. " Page 4 ORDINANCE 118-I Add the following new paragraph "P. " in the section entitled o J "Conduct" and found on page 14 of said handbook: 0 e o "P. Loss or suspension of driving privileges in those positions that require a valid driver' s license. " o r.4▪ Delete all of the third full paragraph found on page 22 of said o Handbook and add the following: oa t,. m "In those positions requiring a driver's license, an ao employee may be suspended without pay upon knowledge by Weld County of an incident in which the license may be c a revoked or suspended. If the employee 's license is not revoked or suspended, the employee may receive back pay. If the license is suspended or revoked for any period, upon administrative hearing or upon conviction of a rn a traffic offense or if the employee is determined by the m u Board of County Commissioners to be uninsurable, the • z employee will be terminated. " o � Amend the second full paragraph in the section entitled "Reporting cn • of Injuries" and found on page 34 of said Handbook to state the D following: n ke "To be eligible for worker' s compensation benefits, an °,.,° z employee must be examined and treated initially by the N a established Weld County Worker' s Compensation primary medical care facilities. These medical facilities will be designated under separate cover and posted in all work areas. An injured employee should inform the ri provider that the billing for the treatment should be N submitted to the Weld County Worker' s Compensation Fund. - .-' The supervisor will complete an Accident Investigation m w Report and the injured employee will be required to sign it. The Employer' s First Report of Accident form must be submitted to Personnel within 24 hours of the accident. The Accident Investigation Report must be submitted to the Personnel Office within 48 hours of the accident. " Delete all of the section entitled "Alcohol and Drug Abuse" and found on page 35 of said Handbook. Amend the first paragraph in the section entitled "Educational Assistance" and found on page 36 of said Handbook to state the following: Page 5 ORDINANCE 118-I "Weld County will reimburse an employee for tuition expenses up to $90. 00 per term (quarter/semester) for job related r-- o courses that have been approved in advance. Funds for this o `� program are limited to the amount budgeted each year by the o County Commissioners. For this reason, reimbursement is on a v first come, first serve basis, and must be approved in a advance to commit funds to an employee. For an employee to oj receive such reimbursement, the following conditions must be o met: " o q Delete all of the paragraphs under the section "Key Elements of z the Pay-for-Performance System" and found on page 45 of said handbook, and add the following: "KEY ELEMENTS OF THE PAY-FOR-PERFORMANCE SYSTEM - Key elements of the step approach include: m Five performance levels for employees (entry, qualified, W J proficient, third-year proficient, and fifth-year proficient) . 1oz O 1/40 F - Appraisals to be completed at predetermined time-frames. " o Amend the section entitled "Grandfathering" on page 45 of said Handbook to state the following: - w oo z "GRANDFATHERING - The basic assumption was that no County employee would receive a decrease in pay due to conversion to the Pay-for-Performance System. z Therefore, upon conversion, any employee whose base z salary was above the job rate was allowed to retain that base salary upon conversion December 16, 1982. The m o Board will address grandfathered employees ' pay rim adjustments annually." Amend the section entitled "E. Special: " found on page 51 of said Handbook to state the following: "E. Special: Special evaluations can be done for praise or reprimand at the discretion of the department head/elected official. " Delete the sections entitled "Pay-for-Performance, " "Bonus Award Elements, " "Procedural Steps for Bonus Award, " and "Bonus Awards for Small Departments" all found on pages 52 , 53 , and 54 of said Handbook. Page 6 ORDINANCE 118-I Amend the first full sentence in the section entitled "Group No Health Insurance" and found on page 56 of said Handbook to state the following: "Group Health Insurance: All full-time employees are offered comprehensive major o w medical health insurance at the 0 3 current deduction rate for o a single or dependent coverage 'n designated by the employee. " Amend paragraph "A. " in the Section entitled "Retirement" and eoa found on page 64 of said Handbook to state the following: o "A. The employee must call the Personnel Department to - a schedule an appointment to fill out required forms a for retirement. When the employee calls for the o appointment, Personnel will request the following z information: or-. 1 . Last work day 0 c 2. Beneficiary rw 4) w 3. Birth date of beneficiary oz N a 4 . Social Security number of beneficiary" ;.) a Amend paragraph "E. " in the Section entitled "Retirement" and a found on page 64 of said Handbook to state the following: M "E. Retirements are effective on the first day of the month following the last day worked. " Amend the term "Hourly Employees" under the section "General Definitions" and found on page 65 of said Handbook to state the following: "Hourly Employees: Hourly employees do not receive, nor are they eligible for, any County benefits. They are paid for hours worked only. " RE IT FURTHER ORDAINED that this Ordinance 118-I shall become effective 5 days after its final public notice, as provided by Section 3-14 (2) of the Weld County Home Rule Charter. • Page 7 ORDINANCE 118-I The above and foregoing Ordinance No. 118-I was, on motion duly made and seconded, adopted by the following vote on the 5th day of June, A.D. , 1989. L.. BOARD OP COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO m w Weld CoUhtiy. Jerk and Recorder / n> and Clexk;.t the Board C.W. Kirby, Ch rman mt.) 75 RY: , � " 1 tâho-Tem o Deputy oupty C erk /(�J� Jq��J�� APPROVED TO FORM: Gene BFant�rCii4jE x m r mrn c a it George ennedy d ounty Attorney w o EXCUSED M Gordon E. Lacy Z a First Reading: May 8 , 1989 r w Published: May 11 , 1989 , in The New News x• I- Second Reading: May 22, 1989 Do 0 Published: May 25 , 1989, in The New News Final Reading: June 5, 1989 0 Published: June 8, 1989, in The New News tn+, Effective: June 13, 1989 • o X m O O -4 0 n o • V • • • be m .. i, » ,rpb er .awr. ggo d,q..o, rbitt tte=user=and manner mot abnitytglebwpkry iyprppp11��nX y- - o�i�- M.Datam. r 13e revi.of 9 A"•n _ey An wile remain at •1[ tEs �`�`aY Ira felina •imenneeat treat•`�•• t' rmszano. with the edden If .W', an: deemed 'r- �bscYtlduY�tvrraj"at* f r yy stated policy W f as above- • a W tK a RNs .. , ap"dab Prat tall Me noloworfrabr y faftsl ielYaemYt alt the metdvayoallgdise.-C.omt�Yy�wyl�WynYQ« a The aYpMamt�r' ��dl . 7aeiato do.o w111- �u1t ee.�yeedtla day piil�efaemyNka: a F « Me.®a� L tie work arld id= el agen ry ullatt�° � Y b rid xit abuee condition pof eaufIn1rd PIM a� tie a"T.thetiremnea no_fie eaeriyhanmaidiut =the program as a YnYnM. let i ala gip. ��al mid IiodD�mt�to Fan: peg" Y. to (owed m. pye.'H b alah Y Candy ., tiE 4.benametwww. ort y; 7.11:br : Ilea t< Mi comes. t YYeth an: ..Ma®ItAIM a.e� a Farr ae�r l ier _�mn a . a r....tb;zrecteicaoz: f�°°'y. reC.w.`�e a .m So oil i cram Wi irer l on d acid rest*ylf• r o asp . 1Jte 6th bdq Jane,,A. . Inc Lithizirrir,s new c si o Oe eudel:-level' tar A '�Yd=pit, - sir: Retorder tgegate.lerzmuesof m an tmbe e VV. •r'YUWE"• �� Ire= =lit" Y pined* of NsTom Weal �� tilt m ha°al n et om�.a Payer er ��7wfam'� aoe i1. y,p�aa 1b 4. I tad Or pp 4baeta�feo'�e' ��pppmY ' r. ` lt•;r no eWY Wo vu Main loc i a p.t' ppMa�par�r grail The bta4.422 „„.. . 124 sddiss mi °pbyeY :am a Iw Qin' ICI 3 : CM of, .m be rmettert en.t the excreta d •'rew�t ht the di tuai n el the Award. • A -�te6e Tai Y Ri it .:424 a terns. . n` a�_L4J nr • tlme r a.: _ •„ VIII„V Ira= rill al Oa 7 'azil v to F;021 le + 2t+ 21 d a ate, .. nip a m d paarlbed alp taste _ Att, .133.4 =1"212r iettes= . add be owed. gas as hoim'criA a ,,! . .� _ 1'. . _ � 1. CC _lam .il • tR'"'i I � lead. • .or 40. as0aie 1.1 �aC _'.ulc se Sea gMp Oe ■ar�pa.�d�yoym�w WELD COUNTY , COLORAD Pkc't --A.T_- PAYFOLL FUND CLAIMS WARRANT P.O. & NO. V0. NO. VENDOR AMOUNT r-14340 83819 WELD COUNTY CS)UKi' 1,757.36 14341 83821 COLORADO DEPARTMENT OF REVENUE 615.69 14342 83822 CLERK OF THE DISTRICT COURT 200.00 14343 83823 CLERK OF THE DISTRICT COURT 60.00 14344 83824 CLERK OF THE DISTRICT COURT 245.00 14345 83825 CLERK OF THE DISTRICT COURT 160.00 14346 1531316 CLERK OF THE DISTRICT COURT 175.00 14347 83832 HARTFORD LIFE INS. OD. 12,301.45 State of Colorado ) TOTAL ) ss County of Weld ) This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Pages 1 ,through 3 and dated JUNE 5th , 198 9 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount S Dated this 5tkh day of , 193_1. Wel County Finance Offs er Subscribed and sworn to before me this day of JUNE , 198 9 My cormision expires: My Ca.,n,1„L,... csfR,kirk 0, 1990 l -p i n rotary Public State of Colorado ) ) ss County of Weld ) - We, the Board 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 _ PAYROLL Fund totaling S . Cha rrrso� 6)\setkicat•— 4b)r.Q..24.0. em er _ : y C rk and Recorder 1 Member J _;,�y J �" /— Ir Member WELD COUNTY , COLORAD rnuL 4 PAYPOLL FUND CLAIMS WARRANT P.O. & NO. VO. NO. _ VENDOR AMSUNT 14348 83833 NWNL GENERAL INSURANCE CO. 6,442.64 1 14349 83835 PUBLIC ET4PL. RIMP ASN-STATE DIVISION 817.24 14)50 83836 PUBLIC EMPL. KTMI' ASN-NJNICIPAL DIVISION 14,049.07 14351 83837 RELIANCE STANDARD LIFE 7,368.95 74352 83839 UNITED WAY I51.58 14353 83840 J. PAT GREGORY & ASSOC., INC. 1,302.95 I 14357 83842 WELD COUNTY COURT 30.06 14358 83844 UNITED BANK OF GREELEY 378;866.64 State of Colorado ) TOTAL ) ss County of Weld ) This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Pages 1 through 3 and dated JUNE 5th , 1983_ and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ . Dated this 5th day of JUNE , 1989 . Weld unty Finance O, ricer Subscribed and sworn to before me this 5th day of JUNE , 193 9 My c0mmision expires : AAr Commission Expires June B. Notary Public \ State of Colorado ) ss County of Weld ) We, the Board of County Commissioners of Weld County, Colorado, hereby (approve) (disapprove) the claims as set forth above; and warrants in payment therefore are hereby orderer•' drawn upon the PAYgOLL Fund totaiiingyS . . 4-51 Chairperson , Qbac-÷- \\'`avzze- -T Member u �!_ — r .,..cry erk and Recorder Member elate cier l it AAJ _e=u y Member WELD COUNTY , COLORAD PAut 3 PA'OLL FUND CLAIMS WARRANT P.O. & NO. VO. NO. VENDOR AMOUNT 14359 83845 COLORADO DEPARTMENT OF REVENUE 51,505.75 14360 83843 UNITED_B NK OF CRS EY 2,236.61 14361 62438 WELD COUNTY REVOLVING FUND 258.25 SMALL PAYROLL C71_ do) 12,910.00 State of Colorado ) TOTAL 492,054.24 ) ss County of Weld ) This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Pages 1 through 3 and dated JUNE 5th , 1989 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 492,054.24 . Dated this 5th day of JUNE , 1989 . WeS.21; nce TT cer Subscribed and sworn to before me this 5th day of JUNE 1939 ^y C0R'^ision expires : My Commission ExpiwsJuntl1941 2 /� // +ot� �Notary Public ' . 9+ or .x_d-�K"e State of Colorado ) ) ss County of Weld ) - We, the Board 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 PAYLL Fund totaling S 492,054.24 47//� � ct. • Chairperson - 1:;. :::77i. mb 71.727t2-7ST: at.-ai./.A.:4,44",ent. ) Member ....ny erk and Recor Member ` `~ :::;.Sr. mlc-nt.c e/ � �,ra) tv Member SEMI-MONTHLY PAYROLL HANDWRITE APPROVAL FORM WARRANT WARRANT NUMBER PAYEE AMOUNT 14336 KATHIE LUCKS 185,16 14337 DIANA K MEDINA 27 89 14338 KIMBERLY A PADILL . 230.15 14339 VICTORIA SEPEDA 202.95 14354 MISTY MEISNER 211.45 14355 LEE PETERSON 26.34 14356 MARIA GARCIA 9.30 NU BER OF WARRANTS 7 TOTAL 893.24 THE AMOUNT OF THESE HANDWRITES WILL BE INCLUDED IN THE SEMI-MONTHLY PAYROLL TOTAL ON JUTE 5th • • • • • • • • • • • • • • • ♦ • • it • • i - D - - D - - D Z r D - n - - - n n - n — C A TS - - 2 A N N V - V V V -4 V tl D 0 P P P P OI P N UI m 2 0 N a W N in 0 w0 CO A ti Z n c: b D D D D D 9 D O x m M ti r C -c ✓ A m A A D D D m 11 A - n m C P n n I O n A h D A m m tl A 2 ... 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I -1 9 - N't‘.. m a kt,4 2 0 ' M --4i I a o r < o m h I A O - c z n a s I A ❑ Yom2 IM m n -• P .• 2 N m m t ._• T Li A2 I .. .. I , n N m I 2 2 .. m . r N �0 C o 3 31 fn 3 A 2 i jI 8 2 m 0 m l IA 2 I D m N mI It D I I -4 2 It AI A z I I S a z 0* O • m oc • • • ♦ 0 • • • • • 0 • • • • • • • • 5 0 • w_tfrendp (O /i- I 87 "of�r Aga o/Ia Sedge, X11 � q�<c�\ t.�G�I� TOWN HALL /tis . \ .� t*��°•• r 119 MAIN P.O.BOX 717 LA SALLE,COLORADO 80045 �O>`'.',U-o - ' �- , PHONE: 303.2848931 \i�,, �Q i • J /1 6May 30, 1989 - To Whom it May Concern, IN) ," - V) The Town of LaSalle has received a petition for annexation. Public hearing for this annexation has been set for June 27, 1989, 8:00 p.m. at Town Hall , 119 Main Street, LaSalle. The purpose of the hearing is to determine whether the area to be annexed meets requirements of Colorado Revised Statutes and establish eligibility for annexation. As required by CRS 31-12-108, copies of the published notice of public hearing, resolution and petition for annexation are being sent to all Districts having territory within the area to be annexed. Sincerely, ,ekricer k SVtnt..a Dana K. Stencel Town Clerk DKS/kge Enclosures \h\t6` yj(,5‘(?) `/? 1' TOWN OP LASALLE RESOLUTION NO. F-1989 A RESOLUTION SETTING A REARING DATF FOR THE ANNEXATION PFTITION FOR BRASS ANNEXATION NO. 2 BF IT RESOLVED BY THE TOWN BOARD OF TAE TOWN OF LASALLE, COLORADO: The Town Board of the Town of LaSalle finds that a Petition for Annexation of certain territory more particularly described therein and to be known as "Brass Annexation No. 2," filed with the Town Clerk on May 5 , 1989 , is in substantial compliance with Section 31-12-107( 1) , CRS, and that a public hearing should be held to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105 , CRS , or such parts thereof as may be required to establish eligibility under the terms of Section 31-12-101 , CRS , et seq. The Town Board hereby sets a public hearing for such purposes for June 27, 1989 , at 8:00 p.m. , at Town Hall and directs the Town Clerk to publish and give notice as required by state law. Mayor ATTFST: / Town Clerk NOTICE OF PUBLIC HEARING Notice is hereby given of public hearing to be held before the Board of Trustees of the Town of LaSalle, Colorado, at 8 :00 p.m. on the 27th day of June, 1989 , at Town Pall for the purpose of considering the proposed Petition for Annexation filed with the Town Clerk of LaSalle on May 5 , 1989 . The purpose of the public hearing is to determine whether the area proposed to be annexed meets the applicable requirements of C.R.S. 31-12-104 and C.R.S . 31-12-105 , or such parts thereof as may be required to establish eligibility under the terms of C.R.S. 31-12-101, and is considered eligible for annexation . This property is described as a tract of land located in the Southwest Quarter of Section 31 , Township 5 North, Range 65 West of the Sixth Principal Meridian, Weld County, State of Colorado. This Notice given and published by Order of the Board of Trustees of LaSalle, Colorado. Dated this 23rd day of May, 1989 . Town of LaSalle, Colorado. BY ORDER OF THE BOARD OF TRUSTEES . e. r \ Town Clerk - Dana K. Stencel rt , slauN rUK ANNE.XNnnUN TO THE HONORABLE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF LA SALLE, COLORADO: The undersigned petitioners respectfully petition and consent that the real property shown on the annexed map and designated; A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31 , TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN. Weld County, Colorado, be annexed to the town of LaSalle, Weld County, Colorado, and to that end and in that connection represent the following matters and things: That the undersigned is the owner of all of the real property sought to be annexed; that all of the said property is located in the County of Weld and State of Colorado; that the territory sought to be annexed is not embraced within any City, City and County or incorporated town; that said property abuts upon and is contiguous to the Town of LaSalle, Colorado, a Municipal Corporation to which it is proposed to be annexed in a manner which will afford reasonable ingress and egress thereto; that one-sixth and more of the aggregate external boundaries of the territory proposed to be annexed coincide with existing boundries of the Town of LaSalle (and that the noncontiguous boundries thereof coincide with existing block lines of the Town of LaSalle) . The undersigned petitioner 4urther represent that he is 100% whole owner of said property in the territory proposed to be annexed; that there are no resident landowners in the territory sought to be annexed; that the property sought to be annexed is unincorporated and is owned by the undersigned and is described as follows: A TRACT OF LAND LOCATED IN THE SOUTH QUARTER CORNER OF SAID SECTION 31 AND CONSIDERING THE NORTHERLY LINE OF MOUNT VIEW ROAD TO BEAR NORTH 54° 00 ' 00" WEST, WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO: THENCE NORTH 36° 23 ' 00" WEST. 537. 55 FEET TO THE SOUTHEAST CORNER OF CONNELL ' S SECON8 ADDITION TO THE TOWN OF LA SALLE; THENCE NORTH 54' 00 '00" WEST, 728. 00 FEET ALONG THE NORTHERLY LINE OF SAID MOUNT VIEW ROAD AND TO THE TRUE POINT OF BEGINNING; THENCE NORTH 54° 00 '00" WEST, 64. 85 FEET; THENCE NORTH 00° 09 '35" EAST, 271 . 39 FEET; THENCE SOUTH 54° 00 ' 00" EAST, 301 .75 FEET; THENCE SOUTH 3000 '00" WEST, 60. 00 FEET TO THE NORTHEASTERLY CORNER OF BRASS FIRST ANNEXATION TO THE TOWN OF LASALLE; THENCE ALONG THE NORTHERLY AND WESTERLY SIDES OF SAID BRASS FIRST ANNEXATION BY THE FOLLOWING TWO (2) COURSES: NORTH 54 00 '00" WEST, 78. 00 FEET; SOUTH 36°00 '00" WEST, 160. 00 FEET TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 36426 SQUARE FEET, (0. 836 ACRES) . SEE ATTACHED ANNEXATION MAP with the annexation ordinance of the Town of LaSalle Colorado and hereby agree that I shall pay for all recording fees and publication costs contained in said ordinance insofar as they are applicable in this specific situation. There are submitted herewith five (5) copies of a map showing the territory to be annexed , the boundries thereof and its relationship to the established coroporate limits of the Town of LaSalle, all prepared .in accordance with the statutes in such cases Y� made and provided. f Dated this ) day of 't'KY , 1989 Lynn Brass 24501 WCR 37-1/2 LaSalle, Colorado 80645 STATE OF COLORADO) ss. : County of Weld ) Lynn Brass, being first duly sworn upon oath depose and states that he has read the foregoing Petition for Annexation and believe the statements therein contained to be true to the best of his knowledge and belief . Lynt4 Brass SUBSCRIBED AND SWORN to before me this �) (3` day of 6 ,(,/ , 1989. My comdission expires: ( \ ,( . o e!t p frig Notary piiblic ap ADDENDUM TO PETITION FOR ANNEXATION The Tract of land Brass Second Addition Petition for annexation into the City of La Salle is to be zone R-1. Dated this 22nd day of May , 1989. i( LrC:L Lynp'A. Brass Subscribed and affirmed before me thisaday of Me, 79 p4 � A R. Kearns rr ' i Production Manager Rocky Mountain Region n , .: 01 Marathon _C� .;;i PO. Box 2690 7 arm 7 20,..70 Cody,Wyoming 82414 MAg7NON Oil Company I � ' Telephone 307/5874961 May 23, 1989 Diversified Operating Corporation Suite 1.910 1600 tout Street Denier, CO 80202 7 RE: Sooner Unit Gentlemen: Apparently, our letter of April 25, 1989 regarding the Plan of Operation for the Unit was not clear as to Marathon's position. As discussed in telephone contacts subsequent to your May 3 correspondence, it was our intent that DOC proceed with preparation of an AFE, cash call , and ordering of equipment for the waterflood. We are anxious to implement this project as soon as possible but continue to have concerns regarding an adequate water supply. We believe that it may be possible to provide additional water without significant modifications to the Plan of Operation. We believe the two main points of uncertainty - the amount of water injection and efficient control of produced fluids - can be resolved by cooperative effort and should not be an impediment to orderly development. As evidence of our desire to proceed with the waterflood, please recall that in correspondence to you of February 13, 1989, we reminded the operator that certain obligations set forth in the Operating Agreement had not been met. One of those obligations was the submittal of an annual operating plan. We apologize for the length of time required to respond to the Plan of Operation. However, since considerable time had expired since the last reservoir modeling effort, we felt it only prudent to update this work in order to proceed in a sound engineering manner. The work, by the way, has been performed at the sole initiative and expense of Marathon. In addition to this considerable effort in modeling, several economic cases were reviewed with the conclusion that the single water supply source that DOC had proposed was not optimum for recovery and that seeking an additional source was warranted. Subsequently, we investigated possible options to obtain additional water. We whole heartily agree that it is in the best interest of all owners to expeditiously proceed with the waterflood. From the beginning we have recognized, independently, that it was important for success of the project to move quickly. We strongly disagree with and are dismayed by DOC's efforts to describe Marathon as the reason for the "delay", and the major obstacle to proceeding with the project. Such accusations are not conducive to the cooperative effort that Marathon wishes to exist.1�\D�A subsidiary of USX Corporation �1 Diversified Operating Corporation Sooner Unit Page 2 With regard to the time that elapsed to achieve an acceptable Operating Agreement, you are well aware that this was a negotiation process. In any case, at the same time that negotiations were underway to obtain an Operating Agreement, efforts were also underway to develop a Unit Agreement with an anticipated hearing date in August. Obviously an Operating Agreement is irrelevant until the Unit Agreement is negotiated and signed by the numerous owners, including royalty owners. This process explains much of the time lapse from April 1988. In any case, the delay with the Operating Agreement did not last until October since both DOC and Marathon signed the first of September. With regard to disputed accounting issues, Marathon's Accounting Department has repeatedly requested DOC's controller to provide substantiation of disputed charges. Marathon will pay all legitimate charges, but will not pay for charges obviously not appropriate to the unit. Documentation or substantiation of disputed charges will facilitate our rapid payment of same. The Operating Agreement provided for the submission of a monthly report of Unit operations. To our knowledge, DOC has never prepared and submitted such a report. We have received from DOC only copies of State production reports which contain numerous obvious errors such as production being allocated to dry holes. The monthly report of Unit operations should be utilized by DOC to not only provide an accurate reporting of production but also advise the working interest owners of all pertinent significant developments and activities. Again, Marathon desires to see the waterflood implemented as soon as possible. We agree with most of the Plan of Operation presented by DOC with the exception of water injection volumes and control of produced fluids. We are ready to sign an AFE and fund a cash call in accordance with the Operating Agreement. We believe communication is the key to • cooperation and the orderly development of the project for the benefit of all owners. We look forward to discussing, at the working interest owners meeting, a proposed modification to the Plan of Operation which we believe will improve recovery and optimize the project. Sincerely, MARATHON OIL COMPANY J. R. Kearns Production Manager Rocky Mountain Region JRK:rlm cc: Working Interest Owners -Royalty Owners Bill Smith, Colorado Oil & Gas Commission AGENDA WELD COUNTY PLANNING COMMISSION MEETING Tuesday, June 6, 1989 Planning Commission Members are reminded that you are to call BOBBIE GOOD 356-4000, Extension 4400, if you cannot attend the luncheon and/or meeting_ 12:00 noon - Weld County Planning Commission Luncheon - June 6, 1989, Radisson Inn, 701 8th Street, Greeley, Colorado * * * * f'' q: ✓t * * * * * '.: f'; , * ': * * * * * * * ,: 1 * * * * * is * 1:30 p.m. — Public Meeting of the Weld County Planning Commission, County Commissioners' Hearing Room (1/101) , 915 Tenth Street, Greeley, Colorado. ROLL CALL Bud Halldorson, Chairman Ernie Ross, Vice—Chairman Jerry Burnett Lynn Brown Rick Iverson Jerry Kiefer LeAnn Peid Ivan Gosnell Ann Garrison 1. CASE NUMBER: Z-449 (continued from May 16, 1989) APPLICANT: Harold Reese, Jr. REQUEST: A Change of Zone from A (Agricultural) and C-3 (Commercial) to PUD (Planned Unit Development) . LEGAL DESCRIPTION: Part of the SE} of Section 10, and part of the NE} of Section 15, all in T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 miles south of Colorado Highway 119 and west of I-25. 2. CASE NUMBER: USR-880 APPLICANT: Myrtle Cubbison REQUEST: A Site Specific Development Plan and a Special Review permit for a Home Business (Beauty Salon) in the A (Agricultural) zone district LEGAL DESCRIPTION: Lot 8, Block 66, Aristocrat Ranchettes Subdivision, Weld County, Colorado LOCATION: Approximately 1 mile north of the City of Fort Lupton; 15213 Barley Avenue, Aristocrat Ranchettes Subdivision. n RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION Moved by Jerry Kiefer that the following resolution be introduced for passage by the Weld County Planning Commission: Be it therefore Resolved by the Weld County Planning Commission that the following be adopted: Because the regular Planning Commission Meeting scheduled for the first Tuesday in July falls on the Fourth of July, the Planning Commission is rescheduling this meeting for Thursday, July 6, 1988. Motion seconded by Ernie Ross. VOTE: For Passage Against Passage Jerry Kiefer Rick Iverson Ernie Ross Bud Halldorson The Chairman declared the resolution passed and ordered that a certified copy be forwarded to the Board of County Commissioners. 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 December 6, 1988, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 7th day of December, 1988. oL l.... O\„(\ Bobbie Good Secretary c . STATE OF COLOI-KADO BOARD OF LAND COMMISSIONERS (-7 ^ ; i; n. ! 7 Department of Natural Resources 620 Centennial Building, ro# 1313 Sherman St., Denver,Colorado 80203(303) 866.34Sa C yO TO O '*&k,l..;3*. /876 May 24, 1989 Comin.ssionen ROWCNA ROCCRS IOY C. CARPENTER IUMN S. WILKES III TO: ALL SURFACE OWNERS AND LESSEES OF STATE LANDS IN THE FOLLOWING: SECTIONS TOWNSHIPS RANGES COUNTIES SEE ATTACHED Ferret Exploration Company, 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. Ferret Extalorrtion Company. ..Inc.nc. is bonded with this Board and will be represented by Terry L. Ganey. 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 devel p his leased minerals. Our Appraiser will determine the amount cf damage, if any, after the work is completed. Should any problems arise, please contact this office. Your cooperation will be appreciated. Thank you. Sincerely, L. R. Ladwig Minerals Director LRL/jc SURFACE LESSEES NOTIFIED: Crow Valley Livestock Coop Inc. CC: State Field Appraiser, Bud Clemons Utley Land & Cattle Co. County Commissioners, Weld County /M J Diehl & Sons Inc. Rermittee, Ferret Exploration Spring Creek Ranch Company, Inc. Meadow Springs cl, ANTHONY SABATINI L.R. IADWIC RUTH J. KARV Ad min ist lator Min Plp is tl,re.•rne nonllly Rnnfaer Attached to and made a part of the Application for Exploration Permit, dated May 1, 1989, from Ferret Exploration Company, Inc. to the Colorado State Board of Land Commissioners. ;A.NQS ACRES DESCRIPTION SECTION TO SHIP RANGE PATENTS 320 SW/4, S/2 NW/4 , 28 9N 63W None W/2 SE/4 80 SE/4 NE/4 , NE/4 SE/4 14 9N 64N 7524 40 SW/4 NE/4 32 l0N 66W 5783 600 N/2, N/2 SW/4 , 16 10N 67W 4379, 4380, SE/4 SW/4, SE/4 4894 80 5/2 SW/4 22 10N 67W 6686 520 E/2, SW/4 NW/4 , SW/4 28 10N 67W None 640 All 36 i0N 67W 4554 , 4768, 4770 216. 36 $/2 Lot 1, Lot 2, 30 11N 67W None SE/4 SW/4 , 5/2 SE/4 :3S BEF RE•.s,THE OIL AND GAS CONSERVATION COMMISSION TO �_,L c^.' OF THE STATE OF COLORADO IN THE MATTER OF EXEMPTION FROM ) CAUSE NO. 1 THE BONDING REQUIREMENTS OF RULE ) 304, WELD COUNTY, COLORADO NOTICE OF HEARING TO ALL INTERESTED PARTIES AND TO WHOM IT MAY CONCERN: On April 14, 1989, Jean H. Brown, filed an application for an order for an exemption to the bonding requirements as provided for in Rule 304 for the well #1 Brown-Monfort located in the center of the SW1/4 NE1/4 SWl/4 Section 10, Township 4 North, Range 66 West, 6th P.M. , Weld County, Colorado. The gas from this well is to be used for domestic purposes on the 80-acre farm owned by Jean H. Brown. NOTICE IS HEREBY GIVEN, that the Oil and Gas Conservation Commission of the State of Colorado, pursuant to the above, has scheduled the above-entitled matter for hearing on: Date: Friday June 16, 1989 Time: 8:30 a.m. Place: Room 101, State Education Building 201 East Colfax Denver, CO 80203 Pursuant to said hearing in the above-entitled matter at the time and place aforesaid, or at any adjourned meeting, the Commission will enter such orders as it deems appropriate to prevent the waste of oil ana gas, either or both, in the operations of said field, ana to carry out the purpose of the statute. Any interested party desiring to protest the granting of the application or to intervene should file with the Commission a written protest or notice to intervene no later than June 12, 1989, briefly stating the basis of the protest or intervention. Such interested party shall, at the same time, serve a copy of the protest or notice to intervene to the person filing the application. A fee of forty-five dollars ($45.00) shall accompany each document filed with the Commission. IN THE NAME OF THE STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO BY �f7�1zEg � �''/ �� Dennis R. Bicknell, Secretary Dated at Denver, Colorado May 2, 1989 BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE PROMULGATION ) CAUSE NO. 112 AND ESTABLISHMENT OF FIELD RULES TO ) GOVERN OPERATIONS IN THE IGNACIO- BLANCO FIELD, LA PLATA AND ARCHULETA ) COUNTIES, COLORADO NOTICE OF HEARING TO ALL INTERESTED PARTIES AND TO WHOM IT MAY CONCERN: In Cause No. 112, the Commission has issued various orders, including Order No. 112-6 which established 320-acre drilling and spacing units for the Fruitland-Pictured Cliffs formations. Order No. 112-46 was issued on July 16, 1979 and allowed an additional well to be drilled on the unit with the permitted well locations no closer than 990 feet to the boundaries of the quarter sections. Order No. 112-46 also allowed the Director to grant a well location exception provided owners of contiguous and cornering tracts toward which the location would be moved, file a waiver in writing agreeing to said location. Order Nos. 112-60 and 112-61, issued June 17, 1988 and August 15, 1989, respectively, amended Order No. 112-46 by creating field rules for the production of methane gas from the Fruitland seams in the Ignacio Blanco Field. On or about December 13, 1987, Amoco Production Company drilled and set pipe at the well Barnes Gas Unit B/PLA-6 Well No. 1 at a location 1390 feet FWL and 260 feet FNL of Section 1, Township 33 North, Range 9 West, South of the Ute Line, La Plata County, Colorado under an Application to Drill No. 87-1003 approved December 7, 1987, said well currently has been completed in the Fruitland Coal seams, and is shut in. On May 3, 1989, Amoco Production Company filed a verified application for an order to be issued that would designate the Barnes Gas Unit B/PLA-6 Well No. 1 as the permitted well for the 320-acre drilling and spacing unit consisting of the N1/2 of Section 1, Township 33 North, Range 9 West, South of the Ute Line at a well exception location. The application further requested that the production of the well be limited to a recovery of 86.21% of the calculated ultimate recovery, that the production be reviewed after five years or recovery of 508 and 75% of the approved amount, and that the production limit be reviewed and redetermined if an infill drilling order would be approved by the Commission. NOTICE IS HEREBY GIVEN, that the Oil and Gas conservation Commission of the State of Colorado, pursuant to the above, has scheduled the above-entitled matter for hearing on: Date Friday, June 16, 1989 Time 8:30 a.m. Place: Room 101, State Education Building 201 East Colfax Denver, Colorado Pursuant to said hearing in the above-entitled matter at the time and place aforesaid, or at any adjourned meeting, the Commission will enter such orders as it deems appropriate to prevent the waste of oil and gas, either or both, in the operations of said field, and to carry out the purposes of the statute. Any interested party desiring to protest the granting of the application or to intervene should file with the Commission a written protest or a notice to intervene no later than June 12, 1989, briefly stating the basis of the protest or intervention. Such interested party shall, at the same time, serve a copy of the protest or notice to intervene to the person filing the application. A fee of forty-five dollars ($45.00) shall accompany each document filed with the Commission. IN THE NAME OF THE STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION OF THE STATE�/� OF COLORADO O Dated at Denver, Colorado BY G�LI /1,(.�. !.-duet' May 4, 1989 Dennis R. Bicknell, secretary BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE PROMULGATION ) CAUSE NO. 112 AND ESTABLISHMENT OF FIELD RULES TO ) GOVERN OPERATIONS IN THE IGNACIO- BLAANCO FIELD, LA PLATA AND ARCHULETA ) COUNTIES, COLORADO NOTICE OF HEARING TO ALL INTERESTED PARTIES AND TO WHOM IT MAY CONCERN: In Cause No. 112, the Commission has issued various orders, including Order No. 112-6 which established 320-acre drilling and spacing units for the Fruitland-Pictured Cliffs formations. Order No. 112-46 was issued on July 16, 1979 and allowed an additional well to be drilled on the unit with the permitted well locations no closer than 990 feet to the boundaries of the quarter sections. Order No. 112-46 also allowed the Director to grant a well location exception provided owners of contiguous and cornering tracts toward which the location would be moved, file a waiver in writing agreeing to said location. Order Nos. 112-60 and 112-61, issued June 17, 1988 and August 15, 1989, respectively, amended Order No. 112-46 by creating field rules for the production of methane gas from the Fruitland seams in the Ignacio Blanco Field. On or about September 5, 1985, Amoco Production Company drilled and set pipe at the well Turner Securities Gas Unit "A" Well No. 1 at a location 1010 feet FWL and 330 feet FNL of Section 35, Township 34 North, Range 9 West, South of the Ute Line, La Plata County, Colorado under an Application to Drill No. 85-1099 approved August 20, 1985, said well has been completed in the Fruitland Coal seams. On May 3, 1989, Amoco Production Company filed a verified application for an order to be issued that would designate the Turner Securities Gas Unit "A" Well No. 1 as the permitted well for the 320-acre drilling and spacing unit consisting of the N1/2 of Section 35, Township 34 North, Range 9 West, South of the Ute Line at a well exception location. The application further requested that the production of the well be limited to a recovery of 84.30% of the calculated ultimate recovery, that the production be reviewed after five years or recovery of 50% and 75% of the approved amount, and that the production limit be reviewed and redetermined if an infill drilling order would be approved by the Commission. NOTICE IS HEREBY GIVEN, that the Oil and Gas conservation Commission of the State of Colorado, pursuant to the above, has scheduled the above-entitled matter for hearing on: Date Friday, June 16 , 1989 Time 8:30 a.m. Place: Room 101, State Education Building 201 East Colfax Denver, Colorado Pursuant to said hearing in the above-entitled matter at the time and place aforesaid, or at any adjourned meeting, the Commission will enter such orders as it deems appropriate to prevent the waste of oil and gas, either or both, in the operations of said field, and to carry out the purposes of the statute. Any interested party desiring to protest the granting of the application or to intervene should file with the Commission a written protest or a notice to intervene no later than June 12, 1989, briefly stating the basis of the protest or intervention. Such interested party shall, at the same time, serve a copy of the protest or notice to intervene to the person filing the application. A fee of forty-five dollars ($45.00) shall accompany each document filed with the Commission. IN THE NAME OF THE STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION \ ,XOF THE STAT OF COLORADO Dated at Denver , Colorado By 96art,ennis R. Bkne Secretary May 4 , 1989 BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OP COLORADO IN THE MATTER OF THE PROMULGATION ) CAUSE NO. 112 AND ESTABLISHMENT OF FIELD RULES TO ) GOVERN OPERATIONS IN THE IGNACIO- BLANCO FIELD, LA PLATA AND ARCHULETA ) COUNTIES, COLORADO NOTICE OF HEARING TO ALL INTERESTED PARTIES AND TO WHOM IT MAY CONCERN: In Cause No. 112, the Commission has issued various orders, including Order No. 112-6 which established 320-acre drilling and spacing units for the Fruitland-Pictured Cliffs formations. Order No. 112-46 was issued on July 16, 1979 and allowed an additional well to be drilled on the unit with the permitted well locations no closer than 990 feet to the boundaries of the quarter sections. Order No. 112-46 also allowed the Director to grant a well location exception provided owners of contiguous and cornering tracts toward which the location would be moved, file a waiver in writing agreeing to said location. Order Nos. 112-60 and 112-61, issued June 17, 1988 and August 15, 1989, respectively, amended Order No. 112-46 by creating field rules for the production of methane gas from the Fruitland seams in the Ignacio Blanco Field. On or about January 19, 1988, Amoco Production Company drilled and set pipe at the well Bellino Gas Unit Well No. 1 at a location 240 feet FNL and 1030 feet FWL of Section 30, Township 34 North, Range 8 West, South of the Ute Line, La Plata County, Colorado under an Application to Drill No. 88-021 approved January 12, 1988, said well has been completed in the Fruitland Coal seams, and is shut in. On May 3, 1989, Amoco Production Company filed a verified application for an order to be issued that would designate the Bellino Gas Unit Well No. 1 as the permitted well for the 320-acre drilling and spacing unit consisting of the N1/2 of Section 30, Township 34 North, Range 8 West, South of the Ute Line at a well exception location. The application further requested that the production of the well be limited to a recovery of 77.20% of the calculated ultimate recovery, that the production be reviewed after five years or recovery of 50% and 75% of the approved amount, and that the production limit be reviewed and redetermined if an infill drilling order would be approved by the Commission. NOTICE IS HEREBY GIVEN, that the Oil and Gas conservation Commission of the State of Colorado, pursuant to the above, has scheduled the above-entitled matter for hearing on: Date Friday, June 16, 1989 Time 8:30 a.m. Place: Room 101, State Education Building 201 East Colfax Denver, Colorado Pursuant to said hearing in the above-entitled matter at the time and place aforesaid, or at any adjourned meeting, the Commission will enter such orders as it deems appropriate to prevent the waste of oil and gas, either or both, in the operations of said field, and to carry out the purposes of the statute. Any interested party desiring to protest the granting of the application or to intervene should file with the Commission a written protest or a notice to intervene no later than June 12, 1989, briefly stating the basis of the protest or intervention. Such interested party shall, at the same time, serve a copy of the protest or notice to intervene to the person filing the application. A fee of forty-five dollars ($45.00) shall accompany each document filed with the Commission. IN THE NAME OF THE STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO Dated at Denver, Colorado BY May 4, 1989 Dennis R.//�f7�1CQ Bicknell, Secretary ir BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE PROMULGATION ) CAUSE NO. 112 AND ESTABLISHMENT OF FIELD RULES TO ) GOVERN OPERATIONS IN THE IGNACIO- ) BLANCO FIELD, LA PLATA AND ARCHULETA ) COUNTIES, COLORADO ) NOTICE OF HEARING TO ALL INTERESTED PARTIES AND TO WHOM IT MAY CONCERN: In Cause No. 112, the Commission has issued various orders, including Order No. 112-6 which established 320-acre drilling and spacing units for the Fruitland-Pictured Cliffs formations. Order No. 112-46 was issued on July 16, 1979 and allowed an additional well to be drilled on the unit with the permitted well locations no closer than 990 feet to the boundaries of the quarter sections. Order No. 112-46 also allowed the Director to grant a well location exception provided owners of contiguous and cornering tracts toward which the location would be moved, file a waiver in writing agreeing to said location. Order Nos. 112-60 and 112-61, issued June 17, 1988 and August 15, 1989 , respectively, amended order No. 112-46 by creating field rules for the production of methane gas from the Fruitland seams in the Ignacio Blanco Field. On or about November 18, 1987 , Amoco Production Company drilled and set pipe at the well Simon Land and Cattle Company Well No. 22-1 at a location 1330 feet FWL and 250 feet FNL of Section 22, Township 34 North, Range 9 West, South of the Ute Line, La Plata County, Colorado under an Application to Drill No. 87-799 approved October 26, 1987, said well currently awaiting completion efforts in the Fruitland Coal seams. On May 3, 1989, Amoco Production Company filed a verified application for an order to be issued that would designate the Simon Land and Cattle Company Well No. 22-1 as the permitted well for the 320-acre drilling and spacing unit consisting of the N1/2 of Section 22, Township 34 North, Range 9 West, South of the ute Line at a well exception location. The application further requested that the production of the well be limited to a recovery of 82.82% of the calculated ultimate recovery, that the production be reviewed after five years or recovery of 50% and 75% of the approved amount, and that the production limit be reviewed and redetermined if an infill drilling order would be approved by the Commission. NOTICE IS HEREBY GIVEN, that the Oil and Gas conservation Commission of the State of Colorado, pursuant to the above, has scheduled the above-entitled matter for hearing on: Date Friday, June 16 , 1989 Time 8:30 a.m. Place: Room 101, State Education Building 201 East Colfax Denver, Colorado Pursuant to said hearing in the above-entitled matter at the time and place aforesaid, or at any adjourned meeting, the Commission will enter such orders as it deems appropriate to prevent the waste of oil and gas, either or both, in the operations of said field, and to carry out the purposes of the statute. Any interested party desiring to protest the granting of the application or to intervene should file with the Commission a written protest or a notice to intervene no later than June 12, 1989, briefly stating the basis of the protest or intervention. Such interested party shall, at the same time, serve a copy of the protest or notice to intervene to the person filing the application. A fee of forty-five dollars ($45.00) shall accompany each document filed with the Commission. IN THE NAME OF THE STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO By / ,10241Øs4ez/ Dennis R. nell, Secretary Dated at Denver , Colorado May 4, 1989 BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE PROMULGATION ) CAUSE NO. 112 AND ESTABLISHMENT OF FIELD RULES TO GOVERN OPERATIONS IN THE IGNACIO BLANCO FIELD, LA PLATA AND ARCHULETA ) COUNTIES, COLORADO NOTICE OF HEARING TO ALL INTERESTED PARTIES AND TO WHOM IT MAY CONCERN: On November 21, 1989, Order No. 112-62 was issued by the Commission which amended Orders No. 112-60 and 61, which established 320-acre drilling and spacing units for the production of methane gas from the Fruitland Coal Seams underlying certain lands in La Plata and Archuleta Counties, Colorado. The units consist of the N1/2 and S1/2 or the E1/2 and W1/2 of a full section with the permitted well for lands located south of the north line of Township 32 North to be located in the NE1/4 and SW1/4 of the section. The Director may grant approval for an option well upon notice being given to contiguous and offset operators or mineral interest owners and no protests being received by the Commission within twenty days of notice being given. On April 28, 1989, Union Texas Petroleum Corporation, filed by its attorney, a verified application for an option well to be drilled in the NWl/4 Section 15, Township 32 North, Range 11 West, N.M.P.M. , La Plata County, Colorado for the unit consisting of the W1/2 Section 15. NOTICE IS HEREBY GIVEN, that if no protests are received by the Director by June 1, 1989, the Director shall grant the application. Should protests be received, the Oil and Gas Conservation Commission of the State of Colorado, pursuant to the above, will schedule the above entitled matter for hearing on: Date: Friday June 16, 1989 Time: 8:30 a.m. Place: Room 101, State Education Building 201 East Colfax Denver, CO 80203 Pursuant to said hearing in the above-entitled matter at the time and place aforesaid, or at any adjourned meeting, the Commission will enter such orders as it deems appropriate to prevent the waste of oil and gas, either or both, in the operations of said field, and to carry out the purpose of the statute. Any interested party desiring to protest the granting of the application or to intervene should file with the Commission a written protest or notice to intervene no later than June 12, 1989, briefly stating the basis of the protest or intervention, such interested party shall, at the same time, serve a copy of the protest or notice to intervene to the person filing the application. A fee of forty-five dollars ($45.00) shall accompany each document filed with the Commission. IN THE NAME OF THE STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO By en R. Bickne 1, Secretary Dated at Denver, Colorado May 2, 1989 BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE PROMULGATION ) CAUSE NO. 238 AND ESTABLISHMENT OF FIELD RULES TO ) GOVERN OPERATIONS IN THE HOMBRE FIELD,) ADAMS AND ARAPAHOE COUNTIES, COLORADO ) NOTICE OF HEARING On April 20, 1971, the Commission issued Order No. 238-i establishing 80-acre drilling and spacing units for the production of oil from the "J" Sand, underlying the below listed lands in Adams and Arapahoe Counties. It further ordered that the units shall consist of two (2) quarter-quarter sections, lots, or tracts, or combinations of tracts, comprising eighty (80) acres more or less, and each such drilling unit shall be the E1/2 and the W1/2 or the N1/2 and the S1/2 of each quarter section, according to the governmental survey thereof, which drilling units shall be designated at the time of filing the permit to drill; and the permitted well for each such drilling unit shall be located in the center of the NW1/4 and SE1/4 of each quarter section, with a tolerance of 200 feet in any direction. The lands included in Hombre Field are: Adams County Township 3 South, Range 61 West, 6th P.M. Section 28: All Section 31: All Section 29: All Section 32: All Section 30: All Section 33: All Township 3 South, Range 62 West, 6th P.M. Section 25: All Section 36: All Arapahoe County Section 4: All Section 6: All Section 5: All On May 2, 1989, Quinoco Petroleum, Inc. , by its attorney, filed a verified application under Rule 401 of the Rules and Regulations of the Commission for an order authorizing unitized operations with enhanced recovery involving the injection of fluids in the "J" Sand for the below listed lands which cover a portion of Hombre Field: Township 3 South, Range 61 West, 6th P.M. Section 31: Lot 3, Lot 4, El/2 W1/2, SE1/4 Containing 385.68 acres, more or less Section 32: W1/2 Containing 320 acres, more or less NOTICE IS HEREBY GIVEN, that the Oil and Gas Conservation Commission of the State of Colorado, pursuant to the above, has scheduled the above-entitled matter for hearing on: Date: Friday June 16, 1989 Time: 8:30 a.m. Place: Room 101, State Education 'Building 201 East Colfax Denver, CO 80203 Pursuant to said hearing in the above-entitles matter at the time and place aforesaid, or at any adjourned meeting, the Commission will enter such orders as it deems appropriate to prevent the waste of oil and gas, either or both, in the operations of said field, and to carry out the purpose of the statute. Any interested party desiring to protest the granting of the application or to intervene should file with the Commission a written protest or notice to intervene no later than June 12, 1989, briefly stating the basis of the protest or intervention. Such interested party shall, at the same time, serve a copy of the pA test or est of forty- to five intervene to the person filing the application. dollars ($45.00) shall accompany each document filed with the Commission. IN THE NAME OF THE STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO Øthzlb By /7141,(!1 Dennis R. ell, Secretary Dated at Denver, Colorado May 3, 1989 - 2 - (238) BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE PROMULGATION ) CAUSE NO. 254 AND ESTABLISHMENT OF FIELD RULES IN ) THE LONGBRANCH FIELD, ADAMS COUNTY, ) COLORADO ) NOTICE OF HEARING TO ALL INTERESTED PERSONS AND TO WHOM IT MAY CONCERN: On April 18, 1972, the Commission issued Order No. 254-1 which established 320-acre drilling and spacing units for the production of gas and associated hydrocarbons from the "J" Sand underlying the following described lands in the Longbranch Field, Adams County, Colorado: Township 2 South, Range 62 West, 6th P.M. Section 14 : W1/2 Section 26: W1/2 Section 15: All Section 27: All Section 16: All Section 28: All Section 21: All Section 33: All Section 22: All Section 34: All Section 23: W1/2 Section 35: Wl/2 The units consist of the E1/2 and W1/2 or the N1/2 and S1/2 of each section, according to the governmental survey, with the permitted well for each unit located in the NW1/4 and SE1/4 of each section and no closer than 990 feet to the boundaries of each quarter section. On April 29, 1973, the 1-33 UPRR - Kersick well was drilled in the NW1/4 of Section 33, Township 2 South, Range 62 West, 6th P.M. , and plugged at drilling as a dry hole. On October 10, 1972, the 1-33 Brummel well was drilled in the SW1/4 of the same Section 33 and plugged at drilling as a dry hole. On May 3, 1989, Union Pacific Resources Company, by its attorney, filed a verified application for an order amending Order No. 254-1 allowing for an exception location in the NE1/4 of said Section 33 for a well to be drilled into the "J" Sand Formation subject to the rules contained within Order No. 254. NOTICE IS HEREBY GIVEN, that the Oil and Gas Conservation Commission of the State of Colorado, pursuant to the above, has scheduled the above-entitled matter for hearing on: Date: Friday, June 16, 1989 Time: 8:30 a.m. Place: Room 101, State Education Building 201 East Colfax Denver, Colorado Pursuant to said hearing in the above-entitled matter at the time and place aforesaid, or at any adjourned meeting, the Commission will enter such orders as it deems appropriate to prevent the waste of oil and gas, either or both, in the operations of said field, and to carry out the purposes of the statute. Any interested party desiring to protest the granting of the application or to intervene should file with the Commission a written protest or a notice to intervene no later than June 12, 1989, briefly stating the basis of the protest or intervention. Such interested party shall, at the same time, serve a copy of the protest or notice to intervene to the person filing the application. A fee of forty-five dollars ($45.00) shall accompany each document filed with the Commission. IN THE NAME OF THE STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION ‘..)(OF THE STATE OF COLORADDO By /167 iaJ /Denn s R.la cknel , Secretary Dated at Denver, Colorado May 5, 1989 6978c BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE PROMULGATION AND ) CAUSE NO. 451 ESTABLISHMENT OF FIELD RULES TO ) GOVERN OPERATIONS IN THE LILLI FIELD, ) WELD COUNTY, COLORADO ) NOTICE OF HEARING TO ALL INTERESTED PARTIES AND TO WHOM IT MAY CONCERN: On January 17, 1989, Order No. 451-12 was issued by the Commission which continued production restrictions previously established on wells located in the spaced area of the Lilli Field. The allowable for a gas well was set at 21,000 MCF of gas per month. The Director was ordered to meet with the operators of the field prior to June 1, 1989, to discuss the need to conduct Static Bottom Hole Pressure Tests on or before June 30, 1989, and he has the authority to order that such tests be conducted. It was further ordered that the production restrictions should remain in effect until July 31, 1989 and that the operators and any interested party in the Lilli Field shall appear at the July 1989 hearing with any information concerning production practices in the field for the Commission to consider any amendments or changes to Order No. 451-12 as deemed necessary. On April 26, 1989, Diversified Operating Corporation, by its attorney, filed a verified application stating that permitting equal rates of production among all wells violates the correlative rights of those parties having greater initial gas reserves underneath their leasehold, and that the total allowable rates for wells located in the gas cap not be changed, but that an order should be issued amending Order No. 451-12 to define individual monthly well allowables in accordance with the following formula: Monthly . Net Acre Feet x Number of X 21,000 MCF Well in Gas Well Gas Wells Month Allowable Total Net Acre Feet of All Gas Wells Net Acre Feet shall mean: h X p X a, where h m Thickness of the production interval of Cretaceous "O" Sandstone Formation as shown on the logs therefor p = Average porosity of that interval a = Area, in acres, of the drill site spacing unit underlaid by the Cretaceous "D" Sandstone Formation based on geologic interpretation and that Net Acre Feet should be adopted as a measure of the hydrocarbon pore volume for each drilling and spacing unit. NOTICE IS HEREBY GIVEN, that the Oil and Gas Conservation Commission of the State of Colorado, pursuant to the above application, has scheduled the above-entitled matter for hearing, and on its own motion has scheduled that the operators and any interested party of Lilli Field shall appear at the June 1989 hearing with information concerning production practices in the field on: Date: Friday June 16, 1989 Time: 8:30 a.m. Place: Room 101, State Education Building 201 East Colfax Denver, CO 80203 Pursuant to said hearing in the above-entitled matter at the time and place aforesaid, or at any adjourned meeting, the Commission will enter such orders as it deems appropriate to prevent the waste of oil and gas, either or both, in the operations of said field, and to carry out the purpose of the statute. Any interested party desiring to protest the granting of the application or to intervene should file with the Commission a written protest or notice to intervene no later than June 12, 1989, briefly stating the basis of the protest or intervention. Such interested party shall, at the same time, serve a copy of the protest or notice to intervene to the person filing the application. A fee of forty-five dollars ($45.00) shall accompany each document filed with the Commission. IN THE NAME OF THE STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO By 7/ J beali ..?.. ennis R. B cknell, Secretary Dated at Denver, Colorado May 2, 1989 - 2 - (451) BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE PROMULGATION ) CAUSE NO. 460 AND ESTABLISHMENT OF FIELD RULES TO ) GOVERN OPERATIONS IN THE FRONTERA ) FIELD, CHEYENNE COUNTY, COLORADO ) NOTICE OF HEARING On April 18, 1988, the Commission issued Order No. 460-1 establishing 40-acre drilling and spacing units for the production of oil and associated hydrocarbons from the Morrow "B" Formation underlying the below listed lands in Cheyenne County, Colorado. It further ordered that the drilling units shall consist of a quarter-quarter section in Area B with the permitted well location no closer than 460 feet from the boundaries of the quarter-quarter section. It further ordered that provisions be made for irregular tracts in Area A along the Kansas-Colorado border. It further ordered production restrictions for wells producing in either Area A or Area B. Area "A" Township 15 South, Range 41 Westt 6th P.M. Section 7: All Section 19: All Section 18: All Section 30: All Area "B" Township 15 Southt Range 42 West, 6th P.M. Section 12: All Section 24: Ali Section 13: All Section 25: All On May 3, 1989, Union Pacific Resources Company, by its attorney, filed an application under Rule 401 of the Rules and Regulations of the Commission for an order authorizing unitized operations with enhanced recovery involving injection of fluids including gas in the Morrow "B" Sand and that all prior orders issued by the Commission be rescinded for the below listed lands: Township 15 South, Range 41 Westt 6th P.M. Section 7: All Section 19: All Section 18 : All Township 15 South Range 42 WestJ 6th P.M. Section 12: All section 24: All Section 13: All and that the below listed lands remain under the provisions of orders in Cause No. 460: Township 15 Southt Range 41 West, 6th P.M. Section 30: All Township 15 South( Range 42 West, 6th P.M. Section 25 : All NOTICE IS HEREBY GIVEN, that the Oil and Gas conservation Commission of the State of Colorado, pursuant to the above, has scheduled the above-entitled matter for hearing on: Date Friday, June 16, 1989 Time 8:30 a.m. Place: Room 101, State Education Building 201 East Colfax Denver, Colorado Pursuant to said hearing in the above-entitled matter at the time and place aforesaid, or at any adjourned meeting, the Commission will enter such orders as it deems appropriate to prevent the waste of oil and gas, either or both, in the operations of said field, and to carry out the purposes of the statute. Any interested party desiring to protest the granting of the application or to intervene should file with the Commission a written protest or a notice to intervene no later than June 12, 1989, briefly stating the basis of the protest or intervention. Such interested party shall, at the same time, serve a copy of the protest or notice to intervene to the person filing the application. A fee of forty-five dollars ($45.00) shall accompany each document filed with the Commission. IN THE NAME OF THE STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO Dated at Denver, Colorado By May 8, 1989 Dennis R. ickne , Secretary - 2 - (460) BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE PROMULGATION ) CAUSE NO. 469 AND ESTABLISHMENT OF FIELD RULES TO GOVERN OPERATIONS IN THE CARETAKER ) AREA, WELD COUNTY, COLORADO NOTICE OF HEARING TO ALL INTERESTED PERSONS AND TO WHOM IT MAY CONCERN: On April 14, 1989, Fina Oil & Chemical Company, by its attorney, filed with the Commission a verified application for an order to be issued establishing 80-acre drilling and spacing units for the production of oil and associated hydrocarbons from the D Sand Formation underlying the following described lands in Weld County, Colorado: Township 7 North, Range 59 West, 6th P.M. Section 7: All The units are to consist of 80-acres, more or less, and consist of the El/2 and W1/2 or Nl/2 and S1/2 of a governmental quarter section with the unit described by the operator of the first well drilled in the quarter section. The permitted well for each unit is to be located in the center of the NW1/4 and SE1/4 of each quarter section with a tolerance of 200 feet in either direction, and that each well shall be located a minimum of 1,200 feet from any other producible or drilling oil and gas well. NOTICE IS HEREBY GIVEN, that the Oil and Gas Conservation Commission of the State of Colorado, pursuant to the above, has scheduled the above-entitled matter for hearing on: Date: Friday June 16, 1989 Time: 8:30 a.m. Place: Room 101, State Education Building 201 East Colfax Denver, CO 80203 Pursuant to said hearing in the above-entitled matter at the time and place aforesaid, or at any adjourned meeting, the Commission will enter such orders as it deems appropriate to prevent the waste of oil and gas, either or both, in the operations of said field, and to carry out the purpose of the statute. Any interested party desiring to protest the granting of the application or to intervene should file with the commission a written protest or notice to intervene no later than June 12, 1989, briefly stating the basis of the protest or intervention. Such interested party shall, at the same time, serve a copy of the protest or notice to intervene to the person filing the application. A fee of forty-five dollars ($45.00) shall accompany each document filed with the Commission. IN THE NAME OF THE STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO By P1.'r kilo1.(/; .LC'Sat Dennis R. icknell, Secretary Dated at Denver, Colorado May 2, 1989 BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE APPLICATION FOR ) CAUSE NO. 253 AN ORDER APPROVING THE LOCATION OF FOUR WELLS AS EXCEPTIONS TO RULE 318 ) IN DRAGON TRAIL UNIT RIO BLANCO COUNTY, COLORADO NOTICE OF HEARING TO ALL INTERESTED PERSONS AND TO WHOM IT MAY CONCERN: On February 10, 1989 Conoco, Inc. submitted approximately forty Applications To Drill wells into the Mancos "B" formation located in the Federal Dragon Trail Unit. The Dragon Trail Unit is not an area where field rules have been established by the Commission. Location of these wells is in accordance with Rule 318 of the Rules and Regulations of the Commission. For the four wells listed herein below, a request for a topographic exception to the location required by Rule 318 was requested by the applicant. On March 16, 1989 the Applications to Drill, were approved and assigned the following Permit Nos. : Township 2 South, Range 102 West, 6th P.M. Permit Nos. Well No. Location 89-147 79 425 FNL, 370FWL, S22 89-148 80 472 FNL, 2493 FEL, S22 89-151 83 513 FNL, 793 FWL, S23 89-180 121 1944 FNL, 393 FWL, 533 The Commission has received objections to the above approved four Applications to Drill after Conoco, Inc. on April 28, 1989 advised the owners of interest of the approval of the Applications to Drill. On May 17, 1989 Conoco, Inc. by its attorney, filed a verified application for an exception to Rule 318 to be granted for each of the above four locations for topographic reasons. NOTICE IS HEREBY GIVEN, that the Oil and Gas conservation Commission of the State of Colorado, pursuant to the above, has scheduled the above-entitled matter for hearing on: Date Friday, June 16, 1989 Time 8:30 a.m. Place: Room 101, State Education Building 201 East Colfax Denver, Colorado Pursuant to said hearing in the above-entitled matter at the time and place aforesaid, or at any adjourned meeting, the Commission will enter such orders as it deems appropriate to prevent the waste of oil and gas, either or both, in the operations of said field, and to carry out the purposes of the statute. Any interested party desiring to protest the granting of the application or to intervene should file with the Commission a written protest or a notice to intervene no later than June 12, 1989, briefly stating the basis of the protest or intervention. Such interested party shall, at the same time, serve a copy of the protest or notice to intervene to the person filing the application. A fee of forty-five dollars ($45.00) shall accompany each document filed with the Commission. IN THE NAME OF THE STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO By Jenne ? It �LuA, /Jf"s nnis R. icknell, Secretary Dated at Denver, Colorado May 22, 1989 N . t^7 ' AGENDA WELD COUNTY COUNCIL June 7, 1989 7:30 P.M. Centennial Center First Floor Assembly Room ROLL CALL: • Norman Carlson, President Doris W. Williams, Vice President Marion Richter Frank Stewart Harold Fahrenbruch MINUTES: Approval of minutes of May 3, 1989 APPOINTMENTS: 5/12/89 Elected Officials Meeting at 10:00 A.M. , Room 316 ADDITIONS TO AGENDA: Correspondence (marked by *) CORRESPONDENCE: Reso: Cancellation of Commissioners Board Appearance on June 14 Letter: From Robert J. Loew regarding salaries - sent to Commissioners Letter: From Commissioners to Mr. Loew Minutes: Commissioner Work Sessions - 5/8, 5/15, 5/22, Announcement from Greeley Downtown Development Corp. REPORTS: Elected Officials Meeting of 5/8 and Board Meeting Appearance of 5/17 (Carlson and Fahrenbruch) OLD BUSINESS: Continuation of Home Rule Charter Amendments - Articles XI through XVIII Continuation of Elected Official Salary Discussion NEW BUSINESS: Review of 1990 Budget for County Council Office Payment of Bills: Mileage for Norman Carlson $ 25.00 Mileage for Marion Richter $ 6.60 Mileage for Doris Williams $ 22.00 Mileage for Harold Fahrenburch S 21 .60 PUBLIC COMMENTS: ADJOURNMENT: 9:00 P.M. • Stroh and Company Realty and Auctions, Inc. vt� / RAY D. STROH— Broker and Auctioneer i FULL SERVICE REAL ESTATE DANIEL G. STROH — Broker— CRS—CRS—GRI — Auctioneer Residential,Commercial,Indt+atrial, 247 E. 4th St., Loveland, Colorado 80537 Developments, Appraisals. Property Management, Farms and Ranches, Ph. (303) 667-2837 Auctions—Reel,Personal 8 Livestock May 23, 1989 Board of Weld County Commissioners p ��N��r1�r/ Li" 915 10th Street I' ,I" i t�,Greeley, CO 80631 MAY2 5 1989Department of Planning Services i'., _ _915 10th Street �'" Greeley, CO 80631 Weld C . vn„0,,,,, ..,,an,s:a.,• Re: Weld County Recorded Exemption No. 1129 Schultz Gentlemen: It has come to my attention that Harlan Schultz was granted a conditional approval of a Recorded Exemption on four acres of the West Half of the Southwest Quarter of Section 7, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado. I have examined the Weld County Recorded Exemption application documents which raise inquiry that I have and questions which the County should consider before proceeding with the final approval. The inquiries are: (a) I own and reside on the E} SW} of Section 7, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado. It appears that the 4-acre tract which is the subject of the Recorded Exemption application is located, in part, on my land. I am enclosing for your review a boundary survey of the Schultz property and of my property. This survey reflects that Mr. Schultz owns 68 . 82 acres and not 72 acres as stated in the Recorded Exemption application. The difference in acreage appears to involve land in which I own title. Indeed, there exists a boundary dispute on approximately six acres, but at the present time I am the record owner. If the four acres which is the subject of the Recorded Exemption application lies in the southeast corner of a 72-acre tract, then I am the record owner of the land. I am somewhat puzzled to understand how Mr. Schultz can obtain approval of a Recorded Exemption on property in which I am the record owner. MLSnacti,- c-- [I[� RUMOinicopPt R' Vw U16 Ice' CONFIDENCEISIN 194 li M oR - YOUR OUR PRIDE SINCE 5 Board of Weld County Commissioners Department of Planning Services May 23, 1989 Page 2 (b) The application for Recorded Exemption states that the reason for the application is "to build a residence for my partner (son) so that we can operate in a more convenient and economical manner. " I assume that the operation to which he is referring is the trash busi- ness conducted by Mr. Schultz on his property. Indeed, it does not appear that his son is involved in any farming operation because the property is leased to Mr. Pete Schooley who does all the farming. The son would therefore not be a part of any farming operation, but rather must be involved in the trash company oper- ation. The son at the present time operates a restaurant business in Loveland, but perhaps he also is a part of the trash company. I would appreciate your advising with which operation the son is involved. (c) The trash company known as D & H Trash Service also raises cause for inquiry. D & H Trash Service was not mentioned in the application, but actively conducts its business on the Schultz property. Many of the ancillary buildings are used for this trash company and are not used for agricultural purposes. I would appreciate your advising whether the County has zoned Mr. Schultz' s property for this use, or whether operating a commercial business is a part of the permitted uses under the County regulations. Further, if the son is a partner in the trash business, does this give grounds for the Recorded Exemption. It is my understanding that the final Recorded Exemption plat has not been submitted to the County. Because of the various questions that I have raised, I would appreciate Weld County advising me re- garding the inquiries before any final plat is approved. Partic- ularly, it is important to me that the final plat not be approved if it covers property of which I am the record owner. iince el , aniel G. Stroh / DGS/kah Enclosure rr you 4 irst discover such defect. In no SWI/4 SECTION 7 T4N, R68W Action based upon any defect le trite wurv.y gee thin, OF THE n ten year. Iron the date of the 6th PM., WELD COUNTY, home Mreon,• COLORADO N 85•5825"E "INCA sw W se 7 2458.41 ---�. 1121 e5 I09 jY 1224.20. • w n r • t HARLEM SCHULTZ DAN STROH w1/2 SW 1/4 SECTION 7 E I/2 SWI/4 SECTION 7 69.82 ACRES 660 ACRES 74.99 ACRES • Y � 113247' 11 iT 1234 64. S Or 3200 W G.L.O. 1132.67 • 389.52 Oa/ 134641 °' F BASIS OF BEARING ^11"1 emmun♦ •8 7 COUNTY ROAD 46 m/nuaww3b.n DEPARTMENT OF PLANNING SERVICES Cases Approved by Administrative Review 5/19/89 through 5/26/89 CASE NUMBER NAME ZPNH-1557 Pena ZPMH-1560 Hanel MHZP-39 L'ber RE-1172 Jansen Chuck Cunliffe, Directo HEARING CERTIFICATION DOCKET NO. 89-22 RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDMENT TO SPECIAL REVIEW PERMIT #726 TO VACATE DEVELOPMENT STANDARD 114 - RALPH NIX PRODUCE, INCORPORATED A public hearing was conducted on May 31, 1989, at 10:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem - Excused Commissioner Gene Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Lanell Curry The following business was transacted: I hereby certify that pursuant to a notice dated May 8, 1989, and duly published May 18, 1989, in The New News, a public hearing was conducted to consider a Site Specific Development Plan and an amendment to Special Review Permit #726 to vacate Development Standard #4 which would require screening on the east and south property lines. Lee Morrison, Assistant County Attorney, made this matter of record. Lanell Curry, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record. The applicant was neither present nor represented. No public comment was offered concerning this request. Commissioner Lacy moved to approve this Site Specific Development Plan and amendment to Special Review Permit #726, subject to the Conditions and Development Standards contained in the Planning Commission's recommendation. Commissioner Brantner seconded the motion, and it carried unanimously. This Certification was approved on the 5th day of June, 1989. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: '1/41719 &t ) WELD COUNTY, COLORADO jJ weld County C erk and Recorder ide and Clerk to the Boar C.W. Kirby, Chat,_ n By. EXCUSED eputy County Cie k Jac ine Johnson, Pro-Tem Gene R. Brantner George Kennedy EXCUSED DATE OF APPROVAL Gordon E. Lacy TAPE #89-23 DOCKET #89-22 PLO032 /'_,- // :./ 890461 HEARING CERTIFICATION DOCKET NO, 89-20 RE: ORDINANCE 89-Q, AMENDMENTS TO WELD COUNTY ZONING ORDINANCE A public hearing was conducted on May 31, 1989, at 10:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem - Excused Commissioner Cane Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Director of Planning Services, Chuck Cunliffe The following business was transacted: I hereby certify that pursuant to a notice dated April 24, 1989, and duly published April 26, 1989, in the Platteville Herald, a public hearing was conducted to consider amendments to the Weld County Zoning Ordinance, contained in Ordinance #89-Q. Lee Morrison, Assistant County Attorney, made this matter of record. Chuck Cunliffe, Director of Planning Services, entered the favorable recommendation of the Planning Commission into the record. Lanell Curry, Planning Department representative, and Mr. Morrison read Ordinance #89-Q into the record. No public comment was offered concerning said Ordinance. Commissioner Brantner moved to approve the first reading of Ordinance X189-0 and direct the Clerk to the Board to have published forthwith. The motion was seconded by Commissioner Kennedy, and it carried unanimously. This Certification was approved on the 5th day of June, 1989. APPROVED: L., /i R„,4;,) BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.W. Kirby, Chai an A� i�� GtL t Tf'J G/ EXCUSED D poly County Cle Jac ine JJoohnso Pro-Tem Gene R. Brantner 43( George Kennedy EXCUSED DATE OF APPROVAL Gordon E. Lacy TAPE #89-23 DOCKET x'89-20 OR0089Q RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO JUNE 5, 1989 TAPE 1189-23 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, June 5, 1989, 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 C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene R. Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy - Excused Also present: Weld County Attorney, Thomas 0. David Acting Clerk to the Board, Tommie Antuna MINUTES: Commissioner Kennedy moved to approve the minutes of the Board of County Commissioners meeting of, May 31, 1989, as printed. Commissioner Brantner seconded the motion, and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Brantner moved to approve the Certifications for the hearings conducted on May 31, 1989, as follows: 1) Amendment to USR #726, Ralph Nix Produce, Incorporated; and 2) Amendments to Weld County Zoning Ordinance. Commissioner Kennedy seconded the motion, and it carried with Commissioner Johnson abstaining because she was excused from said hearings. ADDITIONS: Chairman Kirby deleted Item #1 under New Business. CONSENT AGENDA: Commissioner Kennedy moved to approve the consent agenda as printed. Commissioner Brantner seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS- There were no reports at today's meeting. WARRANTS: Claud Hanes presented the following warrants for approval by the Board: General fund S 57,558.84 Payroll 12,910.00 Social Services 27,047.00 Handwritten warrants: Payroll 479,144.24 Commissioner Johnson moved to approve the warrants as presented by Mr. Hanes. Commissioner Kennedy seconded the motion which carried unanimously. BIDS: APPROVE PUMP - ROAD AND BRIDGE DEPARTMENT: Roxanne Lara, representing the Purchasing Department, requested that this 10" x 10" self—priming centrifugal basic pump be considered on an emergency basis because it is needed by the Road and Bridge Department as soon as possible. Ms. Lara said a memo was submitted by Dave Becker, Assistant Director of the Road and Bridge Department, recommending that the Board accept the second low bid which was submitted by Farris Machinery Company in the total amount of 517,908.00. It was explained in the memo that the delivery date of the low bidder would be 10 weeks after receipt of the order, and that of the second low bidder is six to seven weeks after receipt of the order. Commissioner Kennedy moved to approve this bid on an emergency basis and accept the bid of Farris Machinery Company. Seconded by Commissioner Johnson, the motion carried unanimously. BUSINESS: NEW: CONSIDER PY'89 JOB SERVICE CONTRACT AND AUTHORIZE CHAIRMAN TO SIGN: This item was deleted from today's agenda. CONSIDER RESOLUTION RE: TEMPORARY CLOSURE OF WCR 67 BETWEEN WCR 4 AND 6: Commissioner Johnson moved to approve this Resolution concerning the temporary closure of Weld County Road 67 between Weld County Roads 4 and 6. Commissioner Kennedy seconded the motion which carried unanimously. CONSIDER RESOLUTION RE: DECLARE CERTAIN VEHICLES AS SURPLUS PROPERTY: Mr. Hanes explained that these vehicles are two ambulances which are to be used as trade-ins. Commissioner Brantner moved to approve said Resolution declaring those vehicles as surplus property. Seconded by Commissioner Kennedy, the motion carried unanimously. FINAL READING OF ORDINANCE NUMBER 118-I, IN MATTER OF AMENDING AND DELETING PORTIONS OF ORDINANCES NUMBERS 118-G AND 118-P, WELD COUNTY PERSONNEL POLICY HANDBOOK, AS AMENDED: Commissioner Johnson moved to read this Ordinance into the record by title only. Seconded by Commissioner Brantner, the motion carried unanimously. Tom David, County Attorney, read the title of Ordinance Number 118-I into the record. There were no public comments offered concerning said Ordinance. Commissioner Johnson moved to approve Ordinance Number 118-I on final reading and direct the Clerk to the Board to have published forthwith. The motion, which was seconded by Commissioner Kennedy, carried unanimously. PLANNING: CONSIDER RESOLUTION RE: BUILDING CODE VIOLATIONS - MILLER: Commissioner Johnson moved to approve this Resolution authorizing the County Attorney to proceed with legal action against Trudy L. Miller for violations of the Weld County Building Code. Commissioner Brantner seconded the motion, and it carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. Ordinance Number 118-I was approved on final reading at today's meeting. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. Minutes - June 5, 1989 Page 2 There being no further business, this meeting was adjourned at 9: 10 A.M. 7477210SA APPROVED: ATTEST: clan) BOARD OF COUNTY COMMISSIONERS VELD COUNTY, COLORADO Weld County Clerk and Recorder /-,f . and Clerk to the Boar j., C.W. Kirby, Cha an By:_ Atilt:: l 7/`/i rp i.J \ \, �. .\.��• \e 11�� eruty County Cl rk ac uel y Joh n, Pro-Tem EXCUSED DATE OF APPROVAL -- Gene R. Brantner y 6/ �a George Kennedy EXCUSED DATE OF MEETING Gordon E. Lacy Minutes - June 5, 1989 Page 3 RECORD OF PROCEEDINGS AGENDA Wednesday, June 7, 1989 Tape P89-23 and P89-24 ROLL CALL: C.W. Kirby, Chairman Jacqueline Johnson. Pro-Tem Gene R. Brantner George Kennedy Cordon E. Lacy MINUTES: Approval of minutes of June 5, 1989 (Commissioner Lacy excused) CERTIFICATIONS OF HEARINGS: Hearing conducted on June 5, 1989: 1) Show Cause Hearing. Tatum (Commissioner Lacy excused) ADDITIONS TO AGENDA: Items 1/5 and #6 deleted APPROVAL OF CONSENT AGENDA: DEPARTMENT HEADS AND 1) Walt Speckman. Human Resources Director ELECTED OFFICIALS: 2) Dick Keirnes, Assessor COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BIDS: 1) Present shot rock - Road and Bridge Department 2) Approve chip and seal - Road and Bridge Department BUSINESS: NEW: 1) Consider Petition for Tax Abatement from J-Bar-B, Inc. 2) Consider Agreement for Sale and Purchase of Real Estate with Martin Produce Company and authorize Chairman to sign 3) Consider Amended Pipeline Right-of-Way Grant and Vacation of prior Easement with Associated Natural Gas, Inc. , and authorize Chairman to sign 4) Consider request for traffic control devices on Caroline Avenue 5) Consider Resolution re: Contract between Weld County and Department of Local Affairs concerning Rental Rehabilitation and authorize Chairman to sign 6) Consider Resolutions re: Intergovernmental Agreements with Towns of Eaton, Ault, and Garden City and authorize Chairman to sign 7) Consider Homeless Demonstration Project and authorize Chairman to sign PLANNING: 1) Probable Cause Hearing - Ralph Nix Produce, Inc. (cont. from 5/10/89) 2) Consider Resolution re: Building Code and Zoning Violations - Dreiling; Monaghan; Lyco Energy Corporation; Associated Natural Gas, Inc. ; Elwood Oil; and Enlow CONSENT AGENDA APPOINTMENTS: Jun 7 - County Council 7:30 PM Jun 8 - Area Agency on Aging 9:00 AM Jun 9 - Community Corrections 12:00 NOON Jun 12 - Work Session 10:30 AM Jun 12 - Weld Mental Health Board 7:30 PM Jun 13 - Juvenile Community Correction Board 12:00 NOON Jun 14 - BOARD MEETING CANCELLED Jun 14 - EDAP 7:00 AM Jun 15 - Placement Alternatives Commission 12:00 NOON HEARINGS: Jun 12 - Amendments to cable television franchise, Chartwell Cable of Colorado 9:00 AM Jun 21 - Special Review Permit, Home business (beauty salon), Myrtle Cubbison 10:00 AM Jun 21 - Special Review Permit, Heliport in the A (Agricultural) Zone District, Brett Wayne Branch 10:00 AM Jun 21 - Show Cause Hearing, Mike Cervi, dba Roggen Disposal, Inc. 10:00 AM Jun 28 - Show Cause Hearing, Poward Duckworth, dba Weld County Disposal 10:00 AM Jun 28 - Show Cause Hearing, High Country Turf, et al. 10:00 AM Jul 12 - Creation of Casa Grande/Enchanted Hills Local Improvement District I0:00 AM Jul 12 - Amendments to Weld County Zoning Ordinance 10:00 AM REPORTS: 1) George Goodell , Road and Bridge Director — Road opening COMMUNICATIONS: 1) Garden City - Notice of Annexation 2) Natural Energy Resources Company re: Metro Denver Water Sui ly Final EIS 3) State Dept. of Highways Newsletter #89-21 4) Berthoud Fire Protection District — Statement of Purpose 5) Nuclear Regulatory Commission re: Fort St. Vrain RESOLUTIONS: * 1) Approve authorization for County Attorney to proceed with legal action — Building Code and Zoning Violations * 2) Approve revocation of USR #738 - Tatum * 3) Approve Petition for Tax Abatement from S-Bar-B, Inc. AGREEMENTS: * 1) Agreement with Best-Way Paving Co. for 1989 chip and seal project * Signed at this meeting Wednesday, June 7, 1989 RESOLUTION RE; AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CERTAIN PARTIES FOR VIOLATIONS OF THE WELD COUNTY BUILDING CODE ORDINANCE AND THE 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, the Weld County Department of Planning Services has referred certain violations of the Weld County Building Code Ordinance and the Weld County Zoning Ordinance to the County Attorney's Office, and WHEREAS, those persons in violation of the Weld County Building Code Ordinance and the Weld County Zoning Ordinance are Michael R. and Doris Dreiling; Michael T. Dreiling; Courtney D. Monaghan; Lyco Energy Corporation; Associated Natural Gas, Inc. ; Elwood Oil; and Robert W. Enlow, and WHEREAS, despite efforts by the Planning staff to resolve said matters, the violations have not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against those individuals as hereinabove named to correct said violations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against Michael R. and Doris Dreiling; Michael T. Dreiling; Courtney D. Monaghan; Lyco Energy Corporation; Associated Natural Gas, Inc. ; Elwood Oil; and Robert W. Enlow to remedy the violations of the Weld County Building Code Ordinance and the Weld County Zoning Ordinance , and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. - 890471 Page 2 RE: BUILDING CODE, AND ZONING VIOLATIONS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of June, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: "121164.4:1 WELD COUNTY, COLORADO Weld County Clerk and Recorder ett,,e1-4 and Clerk to the Board C.W. Kirby, Ch*man BY i Ague ' ne J son, Pro-Tem eputy County 1 rk EXCUSED APPROVED q TO FORM: Gene R. Brantner �r George Kenn y County Attorney Go . . L� =Y 890471 < ' mEm0RAnDUm VIVV� To Board of County Commissioners oeee June 5, 1989 COLORADO From Department of Planning Services Subset: Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Zoning Ordinance. Zoning Ordinance Violations: V1-1345 VI-1346 Robert W. Enlow Courntey D. Monaghan P.O. Box 195E 1560 Weld County Road 49 Greeley, CO 80632 LaSalle. CO 80645 The Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. Copies of the violation materials are available at the Department of Planing Services' office or the Weld County Attorney's office. 890471 st mEmoRAnDum To Board of County Commissioners Data June 2, 1989 COLORADO From Department of Planning Services Subject: Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Building Code Ordinance. Building Code Ordinance Violations: BCV-1106 Elwood Oil 1020 28th Avenue Suite 206 Greeley, CO 80631 The Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. S3,471 MEMORA11DUM lug To Board of County Commissioners o.c. June 1, 1989 COLORADO From Department of Planning Services Subject: Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Building Code Ordinance. Building Code Ordinance Violations: ACV-1092, BCV-1093, BCV-1095, BCV-1096, BCV-1097, BCV-1098, and BCV-11O2 tyco Energy Corporation 240 N. 7th Brighton, CO 80601 ACV-1107 Associated Natural Gas, Inc. 1335 8th Avenue Greeley, CO 80631 The Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. 890471 Attest' MEMORAfDUM WilkTo Board of County Commissioners sm. June 5, 1989 COLORADO From Department of Planning Services subj.ct: Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Building Code Ordinance. Building Code Ordinance Violations: BCV-1108 BCV-1108 MOBILE HONE OWNER: Michael R. & Doris Dreiling Michael T. Dreiling 5951 Weld County Road 41 19547 highway 52 Pt. Lupton, CO 80621 Ft. Lupton, CO 80621 BCV-1099 Courtney D. Monaghan 15681 Weld County Road 49 LaSalle, CO 80645 The Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. 830471 RESOLUTION RE: APPROVE REVOCATION OF USE BY SPECIAL REVIEW #738, ISSUED TO JACK TATUM 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 June 5 , 1989, a Show Cause Hearing, continued from October 12, and November 7 , 1988 , was conducted to consider revocation of Use by Special Review #738, issued to Jack Tatum, and WHEREAS, Jack Tatum was neither present nor represented at said hearing of June 5 , 1989 , and WHEREAS, the Board heard all of the testimony offered concerning this matter, and having been fully informed, Finds that the burden of proof has been met as to violations of Development Standards #3, which concerns implementing and maintaining a row of trees on the north boundary of the storage and work area; and 411 , which states- that the Use by Special Review area shall be limited to the plans shown and governed by the Standards and all applicable Weld County Regulations, and WHEREAS, pursuant to said Findings, the Board deems it advisable that Use by Special Review *738 be revoked. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the burden of proof has been met as to violations of Development Standards #3 and 11 . BE IT FURTHER RESOLVED that Use by Special Review #738 for a wood cutting and processing operation, issued to Jack Tatum on August 20, 1986 , be, and hereby is, revoked. / 890477 Page 2 RE: REVOKE USE X738 - TATUM The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of June, A.D. , 1989 . ‘21921BOARD OF COUNTY COMMISSIONERS ATTEST: tst�� WELD COUNTY,OU COLORADO Weld County Jerk and Recorder �//i and Clerk to the Board C• .W. Ki y, airman BY,__ _ i G� a au.,;ine o nson, Pro-Tem Deputy p ty Count lerk EXCUSED DATE OF SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner G• eorge Kennedy ----eic,Le-C-O ounty Attorney EXCUSED Gordon E. Lacy R90472 .ssxOXP� m ' r . �. -111\5 j 1 . j c•%) I ;., fr. ai se 9 !I w —i ' S it .. �: a a .. al I a as 1c R aa titIfffli N 3 a t S I s I. al g I ❑a❑ 4 i I ii pg corm 3800.. Juno 1985 $ .� C70V - trtl On vp 7% C1 nrri• 1 r ot'l m PC y 'fl C ^I 0 ~ r\,.....e%\ I 4 I ':7'\ -; nn o to w a r w - o r F $ a I' i ic- i STATE OF COLORADO )SS. CERTIFICATE OR AFFIDAVIT OF SERUICE COUNTY OF WELD ) (UPON MEMBER OF DEFENDANT'S FAMILY) DOCUMENT NUMBER: 89 163 155912 I HEREBY CERTIFY THAT I AM OVER THE AGE OF 18 YEARS AND NOT A PARTY TO a THIS ACTION, AND THAI I SERVED THE WITHIN kSOkUt10A ON THE DEFENDANT, TATUM, JACK WHO IS A NATURAL PERSON OVER THE AGE OF 18 YEARS, BY DELIVERING TC AND LEAVING A TRUE COPY THEREOF, TOGETHER WITH A TRUE COPY OF THE FORM ATTACHED THERETO, WITH SHIRLENE TATUM , WHO IS THIS DEFENDANT'S WIFE , A PERSON OVER THE AGE OF Id YEARS, BEING A MEMBER OF THE FAMILY OF SAID DEFENDANT, AT SAID DEFENDANT'S USUAL PLACE OF ABODE, TO-MIT 10490 HWY J4 GREELEY CO 80631 COUNTY OF WELD, COLORADO, ON THIS THIRTEENTH DAY OF JUNE , 1989 AT 2:49 P.M. . ED JORDAN SHERIFF SERVICE £15.00 MILEAGE 31.20 TIME 00.00 TOTAL $16.20 AMOUNT BILLED $0.00 7/I je ^5z,` MARY SCHWARTZ .J,%/{�{ �` IIY : � � j DEPUTY SUBSCRIBED AND SWORN TO BEFORE M£ THIS DAY OF , 19 -- NOTARY PUBLIC MY COMMISSION EXPIRES : 890472 • ter mEmoRAn®um WII�D�. Sheriff's Department To Civil TZ?ViSi4n _ came�.:June $ , 1.989 COLORADO From Tommie Antuna, Clerk to the Board 's Office Subject: Service of Resolution Revoking USR 4738 on Jack Tatum Please serve Jack Tatum, 10490 U.S. Highway 34, Greeley, Colorado, with a copy of the Resolution of the Weld County Beard of Commissioners revoking Use by Special Review *738. A copy of the Resolution has been attached for your Return of. Service. I would appreciate service as soon as possible and having the Return of Service in my office no later than June 23, 1989. When service has been had and the Return completed, please return the copy of the Resolution, along with the Return of Service, to the Clerk to the Board 's Office. DO NOT FILE A COPY OF THE RESOLUTION OP THE RETURN OF SERVICE WITH THE COURT. Thank you for your anticipated prompt attention to this matter. 141 > 890472 • 1 DEPARTMENT OF PLANNING SERVICES (/41% % PHONE(303)356-4000 EXT.4400 915 10th STREET GREELEY,COLORADO 80631 ■ COLORADO June 9, 1989 Mr. and Mrs. Jack Tatum 10490 U.S. Highway 34 Greeley, CO 80631 Re: The revocation of Use by Special Review permit #738 located on Lots A and B of Recorded Exemption #342; part of the NW1 of Section 11, TSN, R67W of the 6th P.M. , Weld County, Colorado Dear Mr. and Mrs. Tatum: The Weld County Commissioners on June 5th revoked USR-738 for a wood cutting and processing operation. All business operations and amenities of this business must be removed from the property. Any further use of this property as a wood cutting and processing operation shall require the resubmittal and approval of a Special Review permit by the Board of County Commissioners. This property is in violation of the Weld County Zoning Ordinance and will be pursued as a violation in accordance with Section 80 of the Weld County Zoning Ordinance. If I can answer any questions regarding this matter, please call me. Sincerely, C rent P1 nner SJB:rjg pc t'Board of County Commissioners 890472 6 - s-- iy ee s ...adkeez;el .9/ ° y --1-÷172 � o • %IP , 4 *datc:1-li l<COreQ AZ214. E•saanY rat cag-71, ree9e/.2 Cje , y.) ALeS • tIng 11 i� JUN g 1989 ! Weld Cu. snawugp.. e.ommrzioo 890472 S # ' SHOW CAUSE DATE: June 5, 1989 CASE: ZCH-42 NAME: Jack and Shirlene Tatum PROPERTY OWNER: Jack Tatum ADDRESS: 10490 Highway 34 ADDRESS: 10490 Highway 34 Greeley, CO 80631 Greeley, CO 80631 LEGAL DESCRIPTION: Lots A and B of RE-342 located in part of the NW} of Section 11, T5N, R67W of the 6th P.M. , Weld County, Colorado It is the opinion of the Department of Planning Services' staff that the following standards, as approved for case number USR-738, are not in compliance. Development Standard //3 The applicant/operator shall implement and maintain a row of trees on the north boundary of the storage and work area as indicated on he use by special review plat or as approved on a plat submitted. The row of trees on the north boundary of the storage and work area has not been completed as indicated on the Use by Special Review plat. The landscaping plan, as agreed to by the applicant/operator on November 11, 1988, has not been completed. Fourteen 3 foot Russian Olive trees planted in a row 10 feet north of the existing landscaping strip would complete the landscaping plan. The Russian Olive trees in this row shall be placed between the existing trees to increase the visual screening of the property. Development Standard #11 The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviation from the plans or standards as shown or stated shall require the approval of an amendment of the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. The property is also being used for the storage of vehicles and other miscellaneous items not associated with the wood cutting business. Based upon the above information and the field check dated May 25, the Department of Planning Services' staff recommends that the Board of County Commissioners revoke Use by Special Review permit #738. 8904'72 • • CASE SH.KMARY ZCH-42 Jack and Shirlene Tatum May 25, 1989 - Inspection of property. November 7, 1989 - Resolution of Show Cause Hearing for USR-738. November 7, 1989 - Staff recommendation. November 4, 1989 - Certified letter agreeing to landscaping plan. November 2, 1988 - Field check. October 12, 1988 - Resolution approving Probable Cause. October 12, 1988 - Staff recommendation. October 10, 1988 - Inspection report. October 4, 1988 - Letter from Jack Tatum. September 21, 1988 - Probable Cause staff recommendation. September 13, 1988 - Letter notifying Mr. and Mrs. Tatum of Probable Cause Hearing. September 9, 1988 - Inspection report. August 3, 1988 - A letter was mailed to Mr. and Mrs. Tatum outlining noncompliance with approved Development Standards. August 2, 1988 - Inspection of the property. 893472 • • INSPECTION REPORT NAME: Jack and Shirlene Tatum LEGAL DESCRIPTION OF PROPERTY: Lots A and B of RE-342, located in part of the NW} of Section 11, T5N. R67W of the 6th P.M. , Weld County, Colorado DATE: May 25, 1989 TIME: a.m. CASE NUMBER: 2U-42 An inspection of this property showed it not to be in compliance with the adopted Development Standards 3 and 11 of USA-738. The landscaping plan agreed upon at the November 11, 1988, meeting has not been completed. The property is also still being used for the storage of vehicles and other miscellaneous items not associated with the wood-cutting business. The sign acvertising the wood-cutting business has been removed. I spoke with Mr. Tatum during this field check and he indicated that he was not going to finish the landscaping plan. Mr. Tatum stated, that he would not attend the hearing, though he might submit a letter explaining his position. Brian J. S ;/ 1 Current Planner 630.7:2 • • 1 il I al _ 1 r- 1 .__- - ...a,- _ _ . A, -- -r f, , I A - - -- I a .. • -� ` aid .r , 't- 1-A,---+ ZS r i-- ,ea, . 890472 ,�r SHOW CAUSE //- 7 -4F1- DATE: bct"obs.r_M 1988 CASE: ZCH-42 NAME: Jack and Shirlene Tatum PROPERTY OWNER: Jack Tatum ADDRESS: 10490 Highway 34 ADDRESS: 10490 Highway 34 Greeley, CO 80631 Greeley, CO 80631 LEGAL DESCRIPTION: Lots A and B of Recorded Exemption #342 located in part of the NW} of Section 11, T5N, R67W of the 6th P.M. , Weld County, Colorado. It is the opinion of the Department of Planning Services' staff that the following standards, as approved for case number USA-738, are not in compliance. Development Standard #3 The applicant/operator shall implement and maintain a row of trees on the north boundary of the storage and work area as indicated on the use by special review plat or as approved on a plat submitted. The row of trees on the north boundary of the storage and work area has not been completed as indicated on the Use by Special Review plat. Development Standard #11 The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviation from the plans or Standards as shown or stated shall require the approval of an amendment of the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. Section 42.2.2 of the Weld County Zoning Ordinance states: One identification sign per principal USE, provided toe sign does not exceed 16 square feet in area per face. The identification sign located on the property exceeds 16 square feet in the area per face. The Department of Planning Services requests that the Board of County q;e M Commissioners continue this Show Cause Hearing to June 5, 1989. This would allow the applicant time to reduce the size of the sign and to comply with the landscaping requirements. To complete the landscaping requirements, fourteen 3 foot Russian olive trees shall be planted in a row 10 feet north of the existing landscaping strip. The Russian olive trees in this row shall be placed between the existing trees to increase the visual screening of the property 890472 ( � C • INSPECTION REPORT NAME: Jack and Shirlene Tatum LEGAL DESCRIPTION OF PROPERTY: Lots A and B of Recorded Exemption #342 located in part of the NWi of Section 11, T5N, R67W of the 6th P.M. , Weld County, Colorado DATE: November 2, 1988 TIME: a.m. CASE NUMBER: ZCP.-42 (USE-738) A field inspection conducted on November 2, 1988, on this use by special review site found 16 evergreens planted. These trees are planted at approximately 20 foot intervals for a total distance of 282 feet. The total number of trees indicated on the plat was to be thirty (30) trees. B itn $ .rcne rent Pl(nner 890472 Cr SHOW CAUSE DATE: October 12, 1988 CASE: ZCH-42 NAME: Jack and Shirlene Tatum PROPERTY OWNER: Jack Tatum ADDRESS: 10490 Highway 34 ADDRESS: 10490 Highway 34 Greeley, CO 80631 Greeley, CO 80631 LEGAL DESCRIPTION: Lots A and B of Recorded Exemption #342 located in part of the NW}of Section 11, T5N, R67W of the 6th P.M. , Weld County, Colorado. It is the opinion of the Department of Planning Services' staff that the following standard, as approved for Case Number USR-738, is not in compliance. Development Standard #3 The applicant/operator shall implement and maintain a row of trees on the north boundary of the storage and work area as indicated on the use by special review plat or as approved on a plat submitted. On November 2, 1988, a meeting was held with Jack Tatum on his property to discuss an agreeable landscaping plan for his use by special review site. The existing landscaping consists of 16 evergreens planted at approximately 20 foot intervals for a total distance of 282 feet. To satisfy the approved Development Standards #3, fourteen additional trees are required to be planted. During the hearing of the use by special review on August 20, 1986, the County Commissioners passed a motion to amend Development Standard Number 3. This motion enabled Mr. Tatum to maintain a row of trees on the north boundary of the storage and work area as indicated on the Use by Special Review plat, or to submit a landscaping plat of his own to be approved by the Department of Planning Services. Mr. Tatum never submitted a landscaping plan. For this reason, staff has continually used the use by speical review plat which was submitted and recorded. The Department of Planning Services and Mr. Tatum have agreed that he will plant 14 Russian olive trees. The planting pattern to be used is to plant a separate row of Russian olives to the north of, and spaced between the existing evergreen trees. At maturity the Russian olive trees would have a maximum height of 30 feet and a spread of 20 to 25 feet in diameter. Based upon this information, the Department of Planning Services recommends that the Board of County Commissioners consider an extension to June 5, 1989, so that the applicant has time to satisfy this landscaping plan. The Department of Planning Services would also request the County Commissioners reserve the right to bring before them any violations of the development standards or conditions of approval prior to this date, if such were to occur. 890472 i I RESOLUTION RE: APPROVE CONTINUANCE OF HEARING FOR SPECIAL USE PERMIT #738 - JACK TATUM 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 November 7, 1988 , the Board considered the Landscape Plan submitted by Jack Tatum, as requested at the hearing of October 12 , 1988 , and WHEREAS, at said November 7 hearing, the Board determined that the Landscape Plan be accepted as submitted and that Mr. Tatum be allowed until June 5 , 1989, to have said Plan in effect. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Show Cause Hearing concerning Special Use Permit #738 , issued to Jack Tatum, be, and hereby is, continued to June 5, 1989 , at 9 :00 a.m. The above and foregoinv Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of November, A.D. , 1988. j) ' BOARD OF COUNTY COMMISSIONERS ATTEST: // '2'W .^ i t*G/ Gt� WEL COUNTY, COLORADO /Weld County lerk and Recorder and Clerk to the Board Gene R. Brantner, Chairman 11 EX:yki/"Z+c r,trr.• r 11-6,4f =4) C.W. Kirby, P 'o-Tem Deputy County clerk �� \ APPROVED AS TO FORM: ( J�ccuuti boson v Cam!. �. T Gordon-E Lacy 1i 7 /J/r/, pfd y County Attorney +rjar,rl�'." '`" Frank Yamaguchi 890472 sir '/ 881063 • • HEARING CERTIFICATION DOCKET NO. 88-59 RE: HEARING TO SHOW CAUSE FOR REVOCATION OF USE BY SPECIAL REVIEW #738 FOR WOOD CUTTING AND PROCESSING OPERATION — TATUM A public hearing was conducted on November 7, 1988, at 9:00 A.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, Tommie Antuna Assistant County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated September 21, 1988, and duly published September 28, 1988, in the Platteville Herald, a public hearing was conducted on October 12, 1988, to consider the revocation of Use by Special Review #738, wood cutting and processing operation, granted to Jack Tatum. At that time, the Board did determine that Mr. Tatum was in violation of Development Standard #3, which concerns the implementation and maintenance of a row of trees on the north boundary of the storage and work area. The Board allowed Mr. Tatum time to submit a Landscape Plan to the Planning Department, to be reviewed by the Board November 7. At the meeting of November 7, Lee Morrison, Assistant County Attorney, made this matter of record. Keith Schuett, Planning Department representative, said Mr. Tatum did submit the requested Landscape Plan to the Planning Department. He said Mr. Tatum has agreed to plant 14 additional trees. Mr. Schuett said that at the last inspection of the property, it was found that Mr. Tatum is also in violation of Section 42.2.2 of the Zoning Ordinance, because he has an identification sign on the property which exceeds 16 square feet. Mr. Schuett said the recommendation of the Planning Department is to continue this matter to June 5. 1989, allowing Mr. Tatum time in which to correct the violations. Mr. Tatum came forward to make comments and answer questions of the Board. Commissioner Lacy moved to continue this matter to June 5, 1989, at 9:00 A.M. Commissioner Johnson seconded the motion which carried unanimously. This Certification was approved on the 9th day of November, 1988. APPROVED: '1/4-,," � A BOARD OF COUNTY COMMISSIONERS / /?a,.C!1,,.� P.ee.! cat)ATTEST: WELD ITIT, COLORADO Weld County Clerk and Recorder 0t if-72n and Clerk to the Bo Gene R. Brantner, Chairman .j Deputy County erk C.W. Kirby, Proem I \.�_y� \.s >' r \►\*.. ac.ueli `% Jo• • .o i / Gordon ac j4:45.7‘4"12"41"` ".":' -'/' 1 /�. in TAPE #88-53 Frank Yamaguchi DOCKET #88-59 PL0058 alSCd4,7,Z 1'-/ f''., , c< , 880985 November 4 , 1988 County of Weld County Commissioners Department of Planning, Weld County, Colorado Mr. Bryon Bingle or Mr. Keith Schuett: I , Jack Tatum, agree to plant 14 (fourteen) trees as an addition to the existing tree berm. Trees will be planted in a between pattern of existing trees and 15 (fifteen) feet north of existing trees, as requested by the Weld County Commission. The Bus: No one is living in the bus at this time. The people involved are living in my home until they can find a permanent residence, This will occur within the next 10 (ten) days. ack Tatum State of Colorado, County of Weld The foregoing instrument was acknowledged by me this 4th day of November, 1988, by Jack Tatum. Witness my hand and official seal . `Y) N. Jill Beadle, Notary Public 4551 West First Street Greeley, Colorado, 80634 My commission expires October 30, 1990 (1-.5;17` ?(1-.5;17` ?r\� 1i(1t Nov 7 r,v �u— —~^J tiuiuv 400 tpu.moult w-- 8904' 2 41 RESOLUTION RE: APPROVE FINDINGS OF BOARD CONCERNING SPECIAL USE PERMIT #738, ISSUED TO JACK TATUM 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 October 12, 1988, a Show Cause Hearing was conducted to consider the revocation of Special Use Permit #738 , issued to Jack Tatum on August 20, 1986, and WHEREAS , the Board was advised by the Department of Planning Services that Jack Tatum is in violation of Development Standard #3 , which concerns the implementation and maintenance of a row of trees on the north boundary of the storage and work area as indicated on the Use by Special Review plat, and WHEREAS, Jack Tatum was present at said Hearing, and WHEREAS , the Board heard all of the testimony offered concerning this matter, and having been fully informed, finds that the burden of proof has been met as to the violation of Development Standard #3 , and WHEREAS, the Board deems it advisable that a Landscape Plan shall be submitted by Mr. Tatum to the Department of Planning Services and reviewed by the Board on November 7, 1988. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, does Find that Jack Tatum is in violation of Development Standard #3 of Use by Special Review Permit #738 . BE IT FURTHER RESOLVED by the Board that Mr. Tatum shall submit a Landscape Plan to the Department of Planning Services, said Plan to be reviewed by the Board of County Commissioners on November 7, 1988 , at 9:00 a.m. ?(pigT9,5-077L .1-Nn 0CI 1 8 1988 8904'72 880985 /� weld Co. mom wigwam'. CID ( 40 Page 2 RE: SHOW CAUSE HEARING - TATUM The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of October, A.D. , 1988. 1I', ' • BOARD OF COUNTY COMMISSIONERS ATTEST: / (fl"""'4L4� " WEL f OUNT�jY, /,COLORADO Weld County Clerk and Recorder _,K/p/Al t //,�j�7nS t.• and Clerk to the Board Gene R. Brantner, Chairman EXCUSED DATE OF SIGNING (AYE) PB : _denz-ar ; e L.,L) C.W. Kirby, Pro-Tem /Deputy County erk -\` \ r APPROVED AS TO FORM: ci que' •n Snson e- ---7,a- CV � County Attorney is a' Frank Yamaguchi 880985 890472 HEARING CERTIFICATION DOCKET N0. 88-59 RE: HEARING TO SHOW CAUSE FOR REVOCATION OF USE BY SPECIAL REVIEW 9738 ' FOR WOOD CUTTING AHD PROCESSING OPERATION - TATUM Yri54hi .q.,l,' s'.+ c • .,� A public hearing was conducted on October 12, 1988. at 9:00 A.M., with the following present: "eii+ns+.w,.,tv....•r-1+,q�{,w."`+k" 1 Commissioner Cene Brantner, Chairman Commissioner C.W. Kirby, Pro-Tern r ,;.: •7"r " '� Commissioner Jacqueline Johnson + �,- , •" Commissioner Gordon E. Lacy ' Commissioner Frank Yamaguchi r , r1,4 Also present: •" ` Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, Bruce T. Barker Planning Department representative, Brian Bingle The following business was transacted: "q+" " , 1.A I hereby certify that pursuant to a notice dated September 21, 1988, _I and duly published September 28, I988. In the Platteville Herald, a public hearing was conducted to consider the revocation of Use by ri rt.:\,• A Special Review h'778, wood cutting and processing operation, Issued to Jack Tatum on August 20, 1986. Bruce Barker. Assistant County Attorney, made this matter of record, saying that a Probable Cause ' "... Hearing wee conducted on September 21, 1988. Brian Bingle. `+'•` ` , representing the Planning Department, said Mr. Tatum has corrected '‘';'4"4:;,`41.4Z�sd 4 • ' , �� v F Development Standards 07 and 011, but Sa still 3n violation of w,"`�''• Development Standard 03. which concerns the implementation and maintenance of a row of trees on the north boundary of the storage and work area as indicated on the Une by Special Review plat. Jack Tatum, the applicant, came forward to make comments and answer questions of the Board. Mr. Tatum requested that Lot A be deleted from the Use by Special Review permit. He was advised that this would have to be presented co the Planning Department as a request for a change to the original permit. Mr. Tatum said he does have 16 evergreen trees planted and when they have grown, they will completely screen the area. r _ _ (TAPE CHANCE 088-50) Commissioner Kirby said it will take years for this type of tree to grow and he suggested that ft may be necessary to plant a faster growing tree at this time in order to have screening 'wJw'i5f as le w+ n""1.'.1' r sooner than 20 to 30 years. Mr. Tatum said the trees, vlth the exception of maybe two, are approximately 7-8 feet high at this time. Mr. Single said on October 12, all of the trees were approximately 3 feet In height. Mr. Tatum said, If the Board feels his trees are not p " •"(y. .c, k adequate screening, he is willing to do something different in order to come into compliance. Commissioner Johnson pointed out to Mr. Tatum that the plat does say that both Russian Olive and pine trees would be "�• + �'+ - ' iw +. '• planted at this site for screening. Ivan Bader, adjoining landowner. ^J , <'• _C said he was here only because he had received a notice that this "' �d,+.Ay',t�,;td"�4� aSs'�"'Tt„g +••I hearing was to take place, but he had no recommendation at this time. 4•,`•�.i• 'R.-,.. ire Commissioner Lacy moved to Find that Jack Tatum is In violation of Development P3 of Use by Special Review permit 0738. the trees which have been planted are inadequate because they are not tall enough and '"' e°w°Y + L" •' ' „ not properly spaced for screening, and that this be continued to is..:'M•,wtYn, , J•w a "riy; November 7, at 9:00 a.m., at which time the Board will consider a Landscape Plan which Mr. Tatum shall submit to the Department of Planning Services for review, The motion wee seconded by Commissioner •• Johnson and carried unanimously. Y4 f Q1 ,-,0,,Q Rxhr 111,„; , e Y � 113P 5F FITC75R 0CT 1 8 1988 �.�r 5904!�.a U� 680985 ' ,... :,Ti`.,.•a.•:�h'•�.:s'-�.;4rx"r &M IX M.w��s .OUP"..." A • �-� } �� t,,44„.....„1...,,,.., \.' .., Ii yrw . Page 2 ,. S , RE: CERTIFICATION - TATUM t , 1 This Certification vas approved on the 17th day of October, 1988. • '^ 4" APPROVED: ti 's S %�/ M BOARD OP COUNTY C0.71ISSIONERS . y§+. •` " GY,�, , 4yl�i'N' ATTEST: WELD 0W.'T'Y. COLORADO '4`Sr Weld County Clerk and Recorder �j/7�/� 4^ and Clerk to the Boot) Gene R. brantner, Lhairman �2. 41Y x'71"-r14i„ r t,� ryrre.ro epucy County Clerk C.W. Kirby, Pro-:em BY: 41E.2)Vt.�r�ttr.:,.- 'ectueline ohneon lv• C-; Cot n -.w Lacy Fraenk Yaaraguchi ✓ }./.;:.,-.74!;-7-.7:‘'-::!'":;;11 . TAPE A88-49 & Og8-50 ; DOCKET 9BR-59 • / Y, r y rFXa PL0058 ••••••••:"1-'''"1•10,•••••••t/-:27‘....t:7‘.4.,•887.- x .Tv yti \8r; • ' i • i1 ti. 4 .k ^ lt.•l'4Y .4 • .4 YS, .i rM1��Mi N ,/,.' ,.k,y21S1"t- c4Gh 1 ` ';',,:,../-f••• :: • I "41"r,'- rtAek 't,,a.-«;-.'`' ;',7Y,- g'C " ar n , .r ?r.1 • _ • 880985 -+r+Mmw�mw' 890472 • • SHOW CAUSE DATE: October 12, 1988 CASE: ZCH-42 NAME: Jack and Shirlene Tatum PROPERTY OWNER: Jack Tatum ADDRESS: 10490 Highway 34 ADDRESS: 10490 Highway 34 Greeley, CO 80631 Greeley, CO 80631 LEGAL DESCRIPTION: Lots A and B of Recorded Exemption #342 located in part of the NW} of Section 11, TSN, R67W of the 6th P.M. , Weld County, Colorado. It is the opinion of the Department of Planning Services' staff that the following standards, as approved for case number USR-738, are not in compliance. Development Standard #3 The applicant/operator shall implement and maintain a row of trees on the north boundary of the storage and work area as indicated on the use by special review plat or as approved on a plat submitted. The row of trees on the north boundary of the storage and work area has not been completed as indicated on the Use by Special Review plat. Development Standard #11 The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County RIgulations. Any material deviation from the plans or Standards as shown or stated shall require the approval of an amendment of the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. Section 42.2.2 of the Weld County Zoning Ordinance states: One identification sign per principal USE, provided the sign does not exceed 16 square feet in area per face. The identification sign located on the property exceeds 16 square feet in the area per face. The Department of Planning Services requests that the Board of County Commissioners continue this Show Cause Hearing to June 5, 1989. This would allow the applicant time to reduce the size of the sign and to comply with the landscaping requirements. To complete the landscaping requirements, fourteen 3 foot Russian olive trees shall be planted in a row 10 feet north of the existing landscaping strip. The Russian olive trees in this row shall be placed between the existing trees to increase the visual screening of the property SHOW CAUSE DATE: October 12, 1988 CASE 6ZCR42 NAME: Jack and Shirlene Tatum PROPERTY OWNER: Jack Tatum ADDRESS: 10490 U.S. Highway 34 ADDRESS: 10490 U.S. Highway 34 Greeley, CO 80631 Greeley, CO 80631 LEGAL DESCRIPTION: Lot A and B of Recorded Exemption #342: part of the NW} of Section 11, T5N, R67W of the 6th P.M. , Weld County, Colorado It is the opinion of the Department of Planning Services' staff that the following standard as approved for Case Number USR-738, is not in compliance. Development Standard #3 The applicant/operator shall implement and maintain a row of trees on the north boundary of the storage and work area as indicated on the use by special review plat. Field inspection has found 15 trees to be planted. These trees are 2 feet 6 inches in height and spaced at approximately 15 foot intervals. The existing landscaping is not considered adequate screening. Based upon this information, the Department of Planning Services' staff recommends that the Board of County Commissioners consider an extension to give the applicant time to meet this Development Standard. INSPECTIONS REPORT NAME: Jack and Shirlene Tatum LEGAL DESCRIPTION OF PROPERTY: Lots A and B of Recorded Exemption $342 DATE: October 10, 1988 TIME: p.m. CASE NUMBER: 2CH-42 Inspection of the property showed most of the discrepancies of the Development Standards to be now in compliance. The stored material has been relocated to the storage area. The green and white bus is being used for the storage of personal belongings for an employee. This bus is not being used as a residence according to Mr. Tatum. He indicated that he would submit a certified letter to that effect at the County Commissioners meeting. The landscaped area as shown on the plat indicates 30, more or less, trees to be planted. Total trees counted are 15. These trees are roughly 2 feet 6 inches in height and spaced at approximately 15 feet. Br nt pi nner ! 0`272 7. Or r Y'RECORDED EX$IPT/QN N0. 0957�I - 2 RE 342 Sheet 2 of 2 4 . enn4y..9r..;. 55 0 J5�0E i' N a 0 © aS. -- �s.�'� LOT ",4" 0 LOT?'" • o' /00' 200' 300' 400' A SCALE:/'•200' ■ ,Pins found U.S. Haws,: 34 BYPASS A ' O ' Pins set Section //, 7.'SN.,R,67W, , " - r LOCATION MAP ' <, • Scale /'•2000' r• ;, 7B7 `rtiic arKJ� „'` • 5 R4 S. Ro'gyo f,. o0 ` ✓ ••-63•B2'. • k 806- 6�Z.ore AN. y0 DO JiAR�9nt' 0 ,A�° x N 0 g'ei: et s°Jtn 5 65 1, N A a o S. . 322. $'3. .� - h� • i• 100.00' O o ,//,89.59'/0. v0 y 466 LOT "B., •o w Ah*S b e• 4.9// Acres a % West Ouoeter co" 2 k Sec.//,T.5N.,R.6714! 9• 'a S. 89.08'05"F � 767.O9' East•Wes/ a Sec.// akeCenter of Sec,//, / ' a. / T• 5N,, R,67W r N{k h1 1 r 7,x 1 "r,1 ‘' A }�, b ;�y�k{h,9y ar • ti'y' t' r i;4.i,N , YyI� S „� ,.rAinµ li,,L .:�j .•; r., ,• 83®4'72 I 11 •F ,Y Y'"O%7,r'(lit- '•1 ,A 1V /''• I r, Iry. ^,- r ( I! ( 4,•� .' ♦ {I - .��1 d qtr iA, 1�9• r r � �'l / �, 'v • '�r ! W 6�M�... r 5 .S` l��r d • I ,i 07 '/ r i' r yy' M"`!) �' �:ir i • 't � ' 4� L 7'Y tv+�+p �' �'!�1` }: '� t - ' d * n , d FOR E $11O97:,(141C--, , ) t Pro 78070 .efl� rI'�IYk�i ,e/�rvya�, , +1....x 1.•�r... �p,�`�^v. vr , � .�, ( ! � A � e 'per .1''" r N,: R egIii deri l A e gredigyp 0.O/O i �1 t r •Shoef,,,,e 01., , rtyi,,„ ' : • NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the hearing to show cause are requested to attend and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 88-59 Jack Tatum 10490 U.S. Highway 34 Greeley, Colorado 80634 DATE: October 12, 1988 TIME: 9:00 A.M. SUBJECT: Hearing to SHOW CAUSE for revocation of Use by Special Review #738 - Wood cutting and processing operation LEGAL DESCRIPTION: Part of the NW} of Section 11, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado ISSUES: 1. Whether or not the applicant is maintaining a row of trees on the north boundary of the storage and work area, as required by Development Standard #3. 2. Whether or not a vehicle, without proper zoning or building permits, is being used as a residence, which would be a violation of Development Standard #7. 3. Whether or not the areas designated on the Use by Special Review plat as storage area and pasture are being utilized as indicated in the application. If not, this would be a violation of Development Standard 111. 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: September 21, 1988 PUBLISHED: September 28, 1988, in the Platteville Herald 890472 4,yni$/T '�j J I • • Aff'idttvit of Pubtiwation pa.. N ere s.s. ww. ei `-•- "-!'try h.' s aerie oh awns•' erne . -. - WNW County'Zoning Odlnence, • y,.,, ':. I•, .,- public Marhq will be held in IM. -Ctwmba•elthwWeNdrCCoun% 1''' .. • CatnmlWawn'of Vold Coumy, Colorado. Weld County Conlon- 0CT 1419 -.. N•TCanw,salad'INrNIarte1 i'''• �r� STATE OF COLORADO MOW, Gra.ley Colorado. it the III County of Weld ss. m. .psomM. An morns ,n any LI Y Iv allow caw Ore Meque....: ra GREE:LEY. E01.0. I A.MAYO Ries&of said Coup of Well bang du sworn. Wend and may be Mont. County duly eery Should the mplIo o-or e.. `,- Chat I am pubblaher of wetted party dawn Ine ,,,,..- Platteville Herald taco M+court vmower to...w. .. neNrd oft pree•d ing% ' N. that,the same is a weekly newspaper of general circulation rag (Mon 10 the-taped meet* whir, printed and published In the team of the Clerk w the ere b MONor•'e rd ..M," Cher the ROa Platteville call a'tontacwd Wu•on of ter tibia 00011 rennet* m NW HIP. in said ceunty and state that the notice of advertisement.of which R•Nutt mom*I.a tsiM . the the annexed is a true copy has been published in said weekly Clerk to-the beam's office Chou to newspaper for tiic,,ii le least in days of the Meting. TM Cca of engaging • N�—_'r,7 consecutive weeks: court reporter Mau be uorae by, that the notice wee published in the regular and mere issue of may the requatlne Pa'y' - .. • Ole and time of blown® BELT ALSO KNOWN that the number of said newspaper durbng period publication widens mops es oaten•• by the of and notice and in the newspaper proper and not In a supplement yl•ta..CeumysmKng commis- thereof that the flat pubbilatim of said mm the tiew was contained Olen may be maned in tM of- Untie of aged newspapa bearing the date of flee'of the Clerk to me Dowd of County Commislonen, teemed Zfi A.D..19O and the last publication -In the Wald-loth et, ThIrti In ids loon street,Centennial In the Issue of said newspaper.bearing data. nom, Greeley, Corondo. the 9 day p( DOCKET NO. Se-SO r_ It., 19)7 that the said deck return 7777 ♦ ,oag0 US. Nipnw.y 34 Olewey. Colorado 00534 = -�E/` ) _ DATE. 001.N. t2. 10e.'l has been published toil UnlntaiNptaNY during the _ TIME. 000 A.w. period of at least eltytwo consecutive weeks next prior to the Mt sue4ECT: Nearing to I'.II ow Issue thereof containing said notice or advertisement above referred CAUSE for revoesxon er •:r.' by to: and that said newspaper was at the time of each of the Special Review s7as•-Weoo nut. publications of said notice duly qualified for that purpose within the UN and processing.opernhvn meanb}g of an act entitled. 'An Act Concerning Legal Notices, LEGAL DESCRIPTION,Section Pao of Advertisements and Publications and the Yea of Printers and the NW 111 or Sscp0^e1'Woe' of Publishes f and to all Acts Parts of Arts ably d North, Repeal the sU P.M.Web County. Co,- C vnth Of th • 7,1921, warm all calm f.and y by art ISSUES: a and .ltkl . I.WtNMr or net the 1.00Ment I.maMt•INM • Lew el tome en doe none boonen y ce the sta•gv PublWrer ,,,sOevaea•lent Standard el. by ''�p+ TJ 47:"-WMIM..'N not a velum. Su ed and nom to be re me thte_?y__day of -:'µthwaiponseestene or building uem.4•MWR.wdwdatln:Was- uon;a peplysulK Sward-A. S:Waeetoo-,gr;rreastlte reaa deal-es aU.stei inn aimoonswt Notary Public ;=wet.Y ouwg•'aria ace pae1W Ma.aatdp-yaapa'N b FOR LUPTO PRE""ASS Wade la e•epMleaoaa.R net, 415 Demme Au, bilb Wan Wmtea is aMMa Oe.. - AND :- ak to Tie 20400 reloFort Lupton,CO 80621 ' By:Man'Rem.onuly SOAP° Of COUNTY COMB!- , stoma, . DATED: Se9dSbetSl; n0ar,': WELD COUNTY.COLOMADO. .`,.' ,`,4•6ttt rf0,9101F OBBaTON INSIwMr M rw 1 vnia�sr. MY m nion expires June 1902 .1 COYNry CLERK a14 Sept•ate•r'�• rare,.+ My Commission expires June 30,1992 AND RECORDER 890422 , Yr _ Weld County Dept of Planning Services 10490 Highway 34 915 - 10th Street X*';? Ci:+i :.'-r„2+ytGreeley, CO 80634 Greeley, CO 80631 c7 T(J T3 i L7 ptgmber 30, 1988 r l .n• Board of County Commissioners 4f' ', ' Weld County Colorado OCT 419''' P. 0. Box 758 Greeley, CO 80632 a Today I received in the mail a copy of your Resolution concerning your decision to set a show cause hearing for use by Special Review #738 - Jack Tatum. In the above mentioned document you stated a probable cause hearing was held on September 21, 1988, and that I was neither present, nor represented. For the record. I would like it to be known that I and my wife were on vacation from September 14 and only returned the evening of September 27. 1988. Because of this, we had no knowledge of the above mentioned meeting, so we could not make any preparations or arrangements for it. In some ways we are looking forward to this upcoming meeting on October 12, because it's time to clear some things up so we can concentrate on our wood processing business instead of the constant barrage of complaints and requests from the Weld County offices. The main source of these complaints stems from a problem with Item #11 in the Development Standards. It is understandable why the Commission needs to approve any change made from the original approved plan as far as it affects the wood processing area. What is not understandable is why my entire property is under these same regulations and restrictions that were made solely in reference to this wood processing operation. I want this correction made on the plans to remove my pasture and living area from the control and restriction imposed by this Special Review permit. Item #1 of the Development Standards clearly states 'this Use by Special Review permit is for a wood cutting and processing operation' ; it should not be for my entire property. As for the row of trees on the north boundary of the storage and work area, we are maintaining them to the best of our ability and to the extent our finances and water supply will support. I made myself clear on this point at a previous commission meeting, and thought it was understood. There is no point in setting out a number of small new trees. only to watch them die. I intend to keep the 16 trees I have planted growing and once they have a solid mature root system where they can survive on less water, I will plant another group to meet the requirements I agreed to in the Development Standards. Since returning from my vacation, I have been working on removing items • stored in the area now designated as pasture land and have done well. This should show my intentions are good towards working with you. I hope we can find a solution that is agreeable when we meet on October 12, and look forward to reasonableness on both our parts at that time. Sincerely, £XNf8T C cc: file Jack H. Tatum 530472 fin' A RESOLUTION RE: SET SHOW CAUSE HEARING FOR USE BY SPECIAL REVIEW #738 - JACK TATUM 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 September 21, 1988, a Probable Cause Hearing was held to determine whether Jack Tatum is in violation of Development Standards 3, 7, and 11 of Use by Special Review #738, being located in part of the NW& of Section 11, Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, Jack Tatum was neither present nor represented at said Probable Cause Hearing, and WHEREAS, after reviewing the evidence and hearing the testimony presented in this matter, the Board found that there is probable cause to schedule a Show Cause Hearing to determine whether Use by Special Review #738 , issued to Jack Tatum, should be revoked for failure to comply with the above mentioned Development Standards, and WHEREAS, said Show Cause Hearing shall be scheduled for October 12 , 1988 , at 9:00 a.m. , at which time the Board shall hear evidence and testimony from all interested parties. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to consider the revocation of Use by Special Review #738 , issued to Jack Tatum, for failure to comply with the above listed Development Standards. BE IT FURTHER RESOLVED by the Board that said Show Cause Hearing shall be scheduled for October 12, 1988, at 9:00 a.m. , in the First Floor Hearing Room of the Weld County Centennial Center. ' 880932 r. 890472 Page 2 RE: SET SHOW CAUSE HEARING - TATUM The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of September, A.D. , 1988. n BOARD OF COUNTY COMMISSIONERS ATTEST: ,ll�yz� p aApj WELD UNTYY, COLORADO Weld County Clerk and Recorder and Clerk to the Board ene R. Brantn r, Chairman BY: /27.,e/ / 'l C.W. Kir y, Pr Deputy/County erk APPROVED AS TO FORM: Ja que e o nson ( Thi-‘er - CCar-.-lest(*) GO o i L 6 � County Attorney r / r"r� Frank amaguchi 890472 880932 • • �- EXHIBIT INVENTORY CONTROL SHEET Case r�_ ;S9•9v Exhibit Submitted By Exhibit Description gift . .G� p/11CIC7 -c. Atjet0c., D. E. F. ' G. H. I. J. R. L. M. N. 0. • e | § /y {•th• , ' /}f $ ("1 ( \ A �2 /o � , . : »2 ejl G/ o \ ; / / if at )A' ) )/ » 2 ! / { "CL % / ja & . I 2 \ tai cc m /\ ` , �, / ≥E2* y Z } / / \ '4'0118 - 2 MI _r«-_js \ 29 } ro } ! � { 7 I2 lw _ ) ! t ' °` CD k ■f « | q �� S a ! .w < o $ . | : $tiQ i2eso ,- \ , ; .6` 2 7 3 v + 2 ) !/ !k\ � } : ifl .... . .. « \ | s■ 4 o ' � JI- ■ 1191 K 7j . a } - §!i \7 i4f q2 - - S !{ � 0 zo r § { if ir E / \ , -2 it }k ! 2 { \ ) \ & § ; % / / / i2 | «e2! .: 4. .6xaixP.: ■ 8S0472 • • PROBABLE CAUSE DATE: September 21. 1988 CASE NUMBER: 2CH-42 USR/SUP NUMBER: 738 OPERATOR PROPERTY OWNER Jack and Shirlene Tatum Jack and Shirlene Tatum 10490 U.S. Highway 34 10490 U.S. Highway 34 Greeley, CO 80634 Greeley, CO 80634 LEGAL DESCRIPTION: Lots A and B of Recorded Exemption #342: Part of the NW' of Section 11, TSN, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Abutting the incorporated area of Greeley: south of U.S. Highway 34 and east of State Highway 257 It is the opinion of the Department of Planning Services' staff that the following Standards, as approved for USR-730 are not in compliance: Development Standard #3 The applicant/operator shall implement and maintain a row of trees on the north boundary of the storage and work area as indicated on the Use by Special Review plat or as approved in a plat submitted to the Planning Department. Field inspection by the staff have identified only 15 of the 30 trees specified on the plat. Development Standard #7 All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. A Green and white school bus has been located on the property and is being used as a residence. The bus does not have the proper zoning or building permits. Development Standard #11 Any material deviation from the plans or standards shall require approval of an amendment of the permit by the Weld County Commissioners. The storage area designated on the Use by Special Review plat is not being utilized as indicated in the application. Instead the area designated as pasture is being used for storage. Based upon the above information, the Department of Planning Services' staff recommends that the Board of County Commissioners schedule a "Show Cause" public hearing on October 12, 1988 to consider revocation of USR-738. 590472 880,32 • • CASE SUMMARY ZCH-42 Jack and Shirlene Tatum 8-2-88 Inspection of the peropertv. 8-3-88 A letter was mailed to Mr. and Mrs. Tatum outlining noncompliance with approved Development Standards. 8-9-88 Inspection of property. 9-13-88 Letter notifying Mr. and Mrs. Tatum of Probable Cause Hearing. • 890472 • DEPART{ 4P0F PLANNING SERVICES it* ,.•` PHONE(303)356.4000 EXT,4400 4t1 915 10tH STREET GREELEY,COLORADO 80631 lige COLORADO August 3, 198E Jack and Shirlene Tatum 10490 L'.S. Highway 34 Greeley, CO 80634 Dear Mr. and Mrs. Tatum: An on—site inspection of your property was conducted on August 2, 1988, to determine if the Conditions of Approval and the Development Standards placed on your property at the time USR-738 was approved by the Board of County Commissioners are in compliance. The inspection revealed violations of Development Standards 7 and 11. A copy of these items from the approved resolution are enclosed. Inspection also revealed the Use by Special Review site not in compliance with its Special Review Plat, recorded with the Weld County Clerk and Recorders office in Book 1186, Reception Number 02181333. The following discrepancies were identified: 1. The area identified as pasture on the plat is presently being used for the storage of derelict vehicles, trucks, equipment, fuel tanks, machinery, and a bus used as a residence. All storage shall occur within the equipment storage and loading area as designated on the plat. The bus can either obtain the proper permits, cease being used as a dwelling and stored in the storage area or removed from the property. 2. The landscaped area is shown on the mylar plat as having 30 trees for the purpose of screening the storage and work areas. Inspection showed 15 trees were planted. The owner, operator shall be responsible for satisfying the landscaping plan as reviewed and approved by the Weld County Commissioners. The Use by Special Review area must be brought into compliance with Conditions of Approval and the Development Standards within thirty (30) days from the date of this letter. Noncompliance will result in our office scheduling a Probable Cause Hearing before the Board of County Commissioners. If the Board determined there is sufficient probable cause to warrant further action, a Show Cause Hearing will be scheduled to consider revocation of the Use by Special Review permit. E3G-472 • Jack and Shirlene Tatum August 3, 1988 Page 2 If you have information that may clear up this matter, please call or write. Sincerely, annr urre t Planner SJS:dyn enclosures 530472 • INSPECTORS REPORT NAME: Jack and Shirlene Tatum LEGAL DESCRIPTION OF PROPERTY: Part of the NW3 of Section 11, T5N, R67W of the 6th P.M. , Weld County, Colorado. DATE: August 2, 1988 TIME: P.M. CASE NUMBER: ZCH-42 Field check of the property showed several violations of the approved development standards and conditions of approval for USR-738. A green and white school bus has been parked on the site and is being used as a residence. Not only is the mobile home not in compliance with the zoning regulations, but also it is in conflict with the development standard 11. This development standard prohibits any changes or material deviations from the plans or standards without first obtaining approval of an amendment. Inspection also showed deviations from the landscaped areas and the areas designated as storage. The landscaped area as reviewed during the special review process designated 30 trees to be used for the purpose of screening. The landscaped area has only 15 trees and has not satisfied the screening requirement. The storage areas are not being utilized as designated but instead the area depicted as pasture is being used for storage of equipment and derelict vehicles. 890472 l . • •• . _ . • • G br,`m •i,P r l ,"" [2,: , , k7r•;•• �- ' rx ♦ .J t.'ay,. .n �':',V: i..:--.-..MME+ - • _ MI !M: • I et l� ...1.--7.-. 7.---:.roar+. _ 4.r'i� , .,.: W+a t�,� • ..S.:1•4•4 .• Nj_e/^yryT1W1�r4Mi'YI. -a- r • ry,i y�r+"� �^ --CV M r. rgiL • i� . .` ,` .,._w .-. -,•!!"• A". :.'- r °t. '. ..,• • r •4,4•! 'N. Phl Issityafr • 890472 . i >! INSPECTIONS REPORT NAME: Jack and Shirlene Tatum LEGAL DESCRIPTION OF PROPERTY: Part of the NWk of Section 11, T5N, R67W of the 6th P.M. , Weld County, Colorado DATE: September 9, 1988 TIME: p.m. CASE NUMBER: ZCH-42 Field inspection of approved USR-738 showed the location of a bus on the property which is being used as a residence. Inspection also showed the landscaping plan not satisfied in accordance with the approved plat. The pasture area also has not been brought into compliance and is still being used as an area for storage. +�AzlanoT &tng}e Cent Planner • II✓C'I:J 2, t `1 • DEPARTMS OF PLANNING SERVICES PHONE(303)356.4000 EXT.4400 915 10th STRE03 T GREELEY,COLORARADO 80631 q h afI h. I € ti,` • COLORADO September 13, 1988 Jack and Shirlene Tatum 1O49O U.S. Highway 34 Greeley, CO 80634 Re: ZCH-42 Dear Mr. and Mrs. Tatum: Notice is hereby given that on September 21, 1988, at 9:00, or as soon thereafter as the agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Section 81 of the Weld County Zoning Ordinance. This meeting will take place in the Commissioners' Hearing Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The purpose of this public hearing will be to review case number USR-738 for compliance with the Conditions of Approval and the Development Standards as approved by the Board of County Commissioners on August 20. 1986, to determine if probable cause exists to hold a hearing on revocation of USR-738. Inspection by representatives of this office have identified that you are not in compliance with the Conditions of Approval and Development Standards #7 and 11 of USR-738. If it is determined at the public hearing that there is probable cause that you are not in compliance with the Conditions of Approval and the Development Standards, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Special Review permit. If you have any questions regarding this matter, please telephone. Respectfully, . ;ant �C tt&rent Planner BJB. ,g 890472 rr.��i//mil-/3� oEC07) VE AUG 261986 • • RESOLUTION Weld CO. Milli Culligan RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A WOOD CUTTING AND PROCESSING OPERATION - JACK TATUM 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 held a public hearing on the 20th day of August, 1986 , at the hour of 2:00 p.m. in the Chambers of the Board for the purpose of hearing the application of Jack Tatum, 10490 U.S. Highway 34 , Greeley, Colorado 80634 , for a Use by Special Review for wood cutting and processing operation .on the following described real estate, ' to-wit: • Part of the NW;, Section 11, Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24 .4.2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24. 7 of the Weld County Zoning Ordinance. • 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24. 4. 2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Comprehensive Plan policies in that the use- does not infringe en the continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment. b. The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with agricultural activities in 890472 ?? �n�.G Vii`! = '/lc. 860819 v Page 2 ' RE: USR - TATUM the area or the County, and as a Use by Special Review the activity can take place in the district. c. No overlay districts affect the site. d. Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for a wood cutting and processing operation on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has ' been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. . The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 20th day of August, A.D. , 1986. 4E r1 BOARD OF COUNTY COLORADO SIGNERS ATTEST: (��7f- WELD COUNTY,�\ C\OLORADO Weld County Clerk and Recorder _i °�? tYv� 1 and Clerk to the Board jcqu'e} ne n, Chairman p. B 0-4(.4r-4_42.2 c �l�. G R. Lacy. -Tem )Deputy County lerk APPROVED A TO FORM: ene R. rantn r C.W�Kirby /- J� County Attorney , fi��'f'fics/1t(4t Fran Yamagucl� G • 890472 860819 �. . DEVELOPMENT STANDARDS Jack Tatum USR--738:86: 21 1. The Use by Special Review permit is for a wood cutting and processing operation as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Permanent disposal of wood product wastes, tree trimmings, or other related wastes shall not be permitted on the site. 3. The applicant/operator shall implement and maintain a row of trees on the north boundary of the storage and work area as indicated on the Use by Special Review plat or as approved in a plat submitted to the Planning Department. 4 . Storage and work areas shall he maintained with good vegetative cover to prevent soil erosion as recommended by the Weld Greeley Soil Conservation District. 5. When the City of Greeley Planning Department notifies the Weld County Planning Department that a final Planned Unit Development application has been submitted to the City of Greeley Planning Department within five hundred feet of the Use by Special Review area, the storage and work area shall be screened by a plan submitted to and approved by the Department of Planning Services. The intent of this standard is to review the compatibility of this use with the City of • Greeley' s future plans. 6. The Use by Special Review permit shall not be transferable to any successor in interest to the described property and shall terminate automatically upon conveyance or lease of the property to others for operation of the wood cutting and processing operation. 7. All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 8. The property owner or operator shall• be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 9. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24. 6 of the Weld County Zoning Ordinance. 890472 860819 I � ,• - - Page 2 DEVELOPMENT STANDARDS —' TATUM 10. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 11. The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of. Planning Services. • 12. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the permit by the Board of County Commissioners. • 890472 860819 �I 15.FOOPT t'ORR PRESCRIBED RV THE PROPERTY TAIL ADMINISTRATOR FORM 02O I/eeNa4 PETITION FOR ABATEMENT OR REFUND OF TAXES•••HoccnEL to,. oENv!R noon ---i. L- /./ I Petitioners: Use this side only. /7 (� G i\ E-- , Colorado, 18' I.l-iM�..n / , 19-.�-.,] I . City or Town / l I To The Honorable Board of County Commissioners of WE County _I Gentlemen: ----- Q The petition of C, ""� - `/-I` // I II whose mailing address is 1.g.0. ..............`><..1.-.� iN 1 M ( i' \n.r'4-)c W . 1 Qo (0 go.2/ Ii II City or Town State ZIP Code I II SCHEDULE NUMBER DESCRIPTION OF PROPERTY AS LISTED ON TAX ROLL I I 1207-36-0-00-027 26-‘,..§-7 C CE 5C ( 3 6 9 C 3 0t-) i 1207-36-0-00-028 2s'/s'6 S ZC4 5L. 3 h 3 6e Ci g3 il respectfully requests that the taxes assessed against the above property for the years A. D. iI 19 88 19 , 19 are erroneous or illegal for the following reasons, viz: (Explain completely why the assessment is erroneous or illegal) I. S eQQa.“e ra W L$ e it .c \kw((\ g/ 7o4 . gt/ kJS \ c , L-5...) t . -av2 Van.) SSesse4 e-4.•° d t! p tJ L pal Ott ,•4oac we.wCeC. w Ca-.S YN\S-ke.Ke‘4Ct .tI (e•C1 • 1I o �� o .J 4r-% ascgtzs A 4 -ft) 2M H 0-4A a•A. 44 (>cd I I MILL LEVY 71.929 19 88 19 19 Value Tax Value Tax Value Tax (A.SSESSED) Orig, 119420 8589.76 Abate. ....9.3170 6773.-54 Bal. 25250 1816.22 That he has (;Q1" 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 I $ / f�7z3...i4 l.. I declare, unaer 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. . 13 µ', u .cy: w ` Petitioner V. �0 7 y▪ } as By Agent I Q' S'S y� Address 1 " D r '( 10AiNIG !, lkK&wocd QO( $02 ($S ' 890489 RESOLUTION OF COUNTY COMMISSIONERS WHEREAS, The County Commissioners of Weld County County, State of Colorado, at a duly and (awfully called regular meeting held on the 7th day of June A.D. 19 69 at which meeting there were present the following members- Chairman C.W. Kirby and Commissioners Jacqueline Johnson) George Kennedy, and Gordon E. Lacy, with Gene R. Brantner 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 W. Keirnes and taxpayer's .represeatative...A.uane..Me.ssme.r, 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 .(eanaura.or doo..n_emcur)..__ .. the assessor and the petition be approved._._,., and an abatement/refund be "allowed (approved or dented) (be allowed or not be allowed) on an assessed valuation as 94,170.00 for $ 6,773.54 total tax for the year(s) 19 88 j/Board�d oY' Chairman of County Commissioners. STATE OF COLORADO, ?ss. County of Weld ) I, Nary 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 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 7th .day of June 4 A. D. 1989 County Clerk. By ....: 2 zLL- t.-fit/ \_ Deputy. / ACTION OF THE PROPERTY TAX ADMINISTRATOR Denver, Colorado, .... , -;‘,CL- / '-- 19 F.,7'"The-Ktion of the Board of County Commissioners, relative to the within petition, is hereby (❑ approved;9 approved in part $ O.denied for the following reason(s) r A T: 04,44.440 (1...' Secretary, roperty ax Administrator.89489 V, . T ' '� H= ►�^+ y v Wo � $ F E0 ' t $ }ohm L • Esc a w -�_-~� i 4 V 91 W.'6 ,, Q" U yr" a C I S 51 o br�.� 1'r \---•,t. \- y a a cP� O MI m (a 1 l g�n ' A y c,) ova)u ") E f `",. ❑ 2 ; 2 C >m- I o o o — 1 Z ` o V A'� 41 o g rr w .7 < \, -Z w - r--- w u PsT.30 'a O °ZI $: 41 t J O w i 5. 41 0 'C OG x .+ " d � t V gr0 ... 4.7... " .. e. � O ,x I ❑ y o - , 0 _� a O Ol V CE c r.8 i a ®�Oti 4+ r v m ' l-.2. o aaC z O O a 2 yr s , H r ,, Ln y oWM _� S Z s U C w CO 0 a 0 0 , `, voo 1 W z W a V w r+ v) CE K FP-I 01 > si Q > .., z j __ a a SRGL ounr •o0St UnOd sd . o 40 II la R i 0. -11 I ili 140 an • ' :'1i 0, ' 4.4. N c O O• *ya O N 'I �.., r 6 1b pi r ad a 51-1 a � ♦ !tatin dGpK, o H o _ t tr$ O a � 0 i s o1oI '1IJ 4\tib < W v) W D pcy Q Hienz l7 + I F w M W 13 '� va q H o tq 1 89048 f tit ‘ . • MARY ANN FEUERSTElN WELD COUNTY CLERK AND RECORDER P.O. BOX 758 WIGREELEY,COLORADO 80632 IDe (303)356•a000 EXT.4225 COLORADO May 23, 1989 J-Bar-B, Inc. 1805 Kipling Street Lakewood, CO 80215 Dear Sirs: This is to advise you that the Weld County Board of County Commissioners will hear your petition for tax abatement or refund on the properties described as: Schedule No. 1207-36-0-00-027 and Schedule No. 1207-36-0-00-028 . This meeting is scheduled for Wednesday, June 7 , 1989 , at 9:00 A.M. at which time you may be heard. The meeting will be held in the Chambers of. the Board, Weld County Centennial Center, First Floor, 915 10th Street, Greeley, Colorado, at the above specified time. If you have any questions concerning this matter, please do not hesitate to contact this office. tfitS 'ncerely, Mary A n Feuerstein Weld County Clerk and Recorder and Clerk to the Board By. eputy County Clerk I XC: Assessor 896489 reesont- 14.41l«, Mi 25 665 . 75 28 666 . 75 x, Iks14:O 3 . 037637 87 079 . 18046 *- 7 079 . 18046 x IL y..cd va)w. 29 . e25 252 . 96233 April 27 , 19£ Weld County 915 10th Street Greeley , Co . 80631 Dear Cristy Foose : The following figures are for the calander year 1987 by month . We have back up paperwork if you should need any further assistance. May 8226 .84 tons June 12277 .89 tons July 9575. 78 tons Aug 2218.39 tons Sept 15003. 67 tons Oct 24063 . 14 tons Nov 7987 .39 tons Dec 2551 . 74 tons 81904 .84 If you have any questions , please feel free to call us . Sincerely, Linda Van Poppel Tectonic Construction Co. 12501 Weld County Road 13 Longmont,Colorado 80501 8489 (303)444-7444/ 1-303535-0350 An Equal Opportunity Employer A AGREEMENT THIS AGREEMENT, made this 7 day of June , 1989, by and between THE BOARD OF WELD COUNTY COMMISSIONERS, and Best-Way Paving Co. doing business as Best-Way Paving Co. hereinafter called "contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The contractor will commence and complete the phased construction of 1989 CHIP AND SEAL PROJECT 2. The contractor shall furnish all material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the project described herein. 3. The contractor shall commence the work required by the Contract Documents in accordance with the date stated in the Special Conditions and shall complete the work within the time stated in the Special Conditions unless the period for completion is extended otherwise by the Contract Documents. 4. The contractor agrees to perform all of the work described in the Contract Documents and comply with the terms of therein for the sum of Three Hundred and Ninty-Three Thousand,Eight Hundred Seventy Pour and 91J10QDrO r' ($ 393)874.91 ) for the project 1989 CHIP AND SEAL PROJECT 890404 17 (1, r;,/ .{4," - - 5. The term "Contract Documents" means and includes the following: (A) Advertisement (B) Information for Bidders (C) Bid (D) Bid Bond (E) Agreement (G) Supplemental General Conditions (H) Payment Bond (I) Performance Bond (3) Notice of Award (K) Notice to Proceed (L) Change Order (M) Drawings prepared by Weld County Engineering Department, numbered Location Map CO Specifications prepared or issued by _ (0) Addendum No. _, dated , 1989 No. , dated , 1989 • No. _, dated _ _, 1989 (P) Notice of Contractor's Settlement (Q) Final Receipt and Guarantee (R) Other 6. The County will pay the contractor in the manner and at such time as set forth in the General Conditions such amounts required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 890484 18 IN WITNESS WHEREOF. the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement, each of which shall be deemed an original on the date first written above. BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR - Best-Way G.Paving Co. �r/°/BY %,� BY gam- e!�/ NAME C.W. Kirby (Please Type) NAME Herman Altergott (Please Type) TITLE Chairman TITLE Vice Presides Address P.O. Box 3189 Greeley Co. 89633 (SEAL) (SEAL) AT EST: ATTEST: few NAME Mary Ann Feuerstein NAME Harvey R. Green (Please Type) (Please Type) _ TITLE Clerk and Recorder TITLE Treasurer A I k 19 890484 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That BEST-WAY PAVING CO. Name of Contractor P.O. Box 3189 - Greeley. Colorado 80633 Address of Contractor a Corporation , hereinafter called Principal, and Corporation, Partnership, or Individual UNIVERSAL SURETY COMPANY Name of Surety P. 0. Box 80468 - Lincoln, Nebraska 68501 Address of Surety hereinafter called Surety, are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS, 915 10th Street, Greeley, Colorado 80632, hereinafter called County, in the penal sum of Three Hundred Ninety-Three Thousand Fight Hundred Seventy-Four & 91/100 • -Dollars (3 393 R74 @1 _) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the County, dated the 7th day of June , 1989, a copy of which is attached and made apart hereof for the construction of: 1989 CHIP AND SEAL PROJECT NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertaking, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the County, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the County from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. • 20 590484 / • 0 PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall in any ways affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time. alteration or addition to the terms of the contract of the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the County and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 7th day of .jl lliP , 1989 ATTES , BEST-WAY PAVING CO. Principal Pr" cip Secretary Ey,!� _ 2/Y1-7,4114(S) (SEAL) P.O. Box 3189- Greeley, Colorado 80633 Witness as to Principal Address Address ATTEST: Surety Secretary (SEAL) UNIVERSAL SUR TY � COMPANY oL• BY fy Wit 3131 as to Surety Attorney-in-Fact 1129 34th Avenue 1301 9th Streat Address Address Greeley, Colorado 80631 Greeley, Colorado 80631 NOTE: Date of bond must not be prior to date of contract. If contractor is a partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the state where the project is located. 894'31484 21 e PAYMNNT BOND KNOW ALL MEN BY THESE PRESENTS: That BEST-WAY PAVING CO. Name of Contractor P.O. Box 31$9 - Greeley. Colorado 80633 Address of Contractor a Corporation , hereinafter called Principal, and Corporation, Partnership or Individual UNIVERSAL SURETY COMPANY Name of Surety 2. 0. Box 80468 - Lincoln. Ngbraska $8501 of3une 7, , 1989, a copy of which is hereto attached and made a part hereof for the construction of: 1989 CHIP AND SEAL PROJECT NOW, THEREFORE, if the Principal shall during the entire length of said contract and any extension thereof promptly make payment to all persons, firms, subcontractors, and corporation furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether subcontractor or • otherwise, then this obligation shall be void; otherwise to remain full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that a final settlement between the County and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. �2 890484 • I IN WITNESS WHEREOF, this instrument is executed in 2 (number) counterparts, each one of which shall be deemed an original, this the 7th day of _ June , 1989. BEST-WAY PAVING CO. Principal ATTES gje Pr" xcipa Secretary (SEAL) P. 0. Box 3189 Witness as to Principal Address Greeley, Colorado 80633 Address UNIVERSAL SURETY COMPANY Surety ATTEST: BY Ga-a 42 %57 Witnem4 as to Surety A torney-in-Fact 1179 34th Avenue 1301 9th Street Address Address Greeley. Colorado 80631 Greeley, Colorado 80631 NOTE: Date of bond must not be prior to date of contract. If contractor is a partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the state where the project is located. 23 890454 INSURANCERW=0DM The contractor shall secure and maintain such insurance policies as will protect himself, his subcontractors, and COUNTY OF WELD, from claims for bodily injuries, death or property damage, which may arise from operations under this contract-whether such operations be by himself or by any subcontractor or anyone employed by them directly or indirectly. The following insurance policies are required: (a) Statutory Workmen's Compensation (b) Contractor's Public Liability and Property Damage Bodily Injury: Each Person $150,000 Each Accident $400,000 Property Damage: Each Accident $100,000 Aggregate $400,000 (c) Automobile Public Liability and Property Damage Bodily Injury: Each Person $100,000 • Each Accident $400,000 Property Damage: Each Accident $400,000 The Certificate of Insurance must show Weld County, Colorado as and Additional Insured. All policies shall be for not less than the amounts set forth above or as stated in the Special Conditions. Other forms of insurance shall also be provided if called for by the Special Conditions. Certificates or copies of policy of such insurance shall be filed with the County along with the Performance and Payment Bonds and shall be subject to his approval as to adequacy of protection, within the requirements of the specifications. Said Certificates of Insurance shall contain a 30-day written notice of cancellation in favor of the County. 890484 24 A -oiti , CERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY) 06-09-89 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, BARTELS & NOE AGENCY EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P.O. BOX B COMPANIES AFFORDING COVERAGE GREELEY, CO 80632 COMPANY CODE SUB-CODE LETTER A AMERICAN STATES INSURANCE COMPANY COMPANY INSURED LETTER V BESTWAY PAVING COMPANY COMPANY P .O. BOX 3189 LETTER C' GREELEY, CO 80633 LETTER MP ANY D COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAN/PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MM/DD(YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000 A X COMMERCIAL GENERAL LIABILITY 01 CC 031 -516 3-1 -89 3-1 -90 PRODUCT -COMP/OPS AGGREGATE S 2,000 CLAIMS MADE X OCCUR. PERSONAL&ADVERTISING INJURY S 1 000 s OWNER'S A CONTRACTOR'S PROT, EACH OCCURRENCE $ 1 ,000 FIRE DAMAGE(Any One We) S 50 MEDICAL EXPENSE(Any one Person) S AUTOMOBILE LIABILITY COMBINED A X ANY AUTO BA 000 803 3-1 -89 3-1 -90 Limn- 1 ,000 X ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS S INJrPereon) X HIRED AUTOS BODILY INJURY S X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENC A X SU 62129 3-1 -89 3-1 -90 $ 1 ,OO�S 1 ,000 OTHER THAN UMBRELLA FORM STATUTORY WORKER'S COMPENSATION AND WC 262 468 3-1 -89 3-1 -90 $ 500 (EACH ACCIDENT) A $ 500 DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ 500 DISEASE—EACH EMPLOYEE' OTHER A EQUIPMENT 01 CC 031 -525 3-1 -89 3-1 -90 $1 ,000 DEDUCTIBLE DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONSISPECIAL ITEMS 1989 CHIP & SEAL PROJECT - WELD COUNTY, COLO IS NAMED AS ADDITIONAL IN- SURED 'CERTIFICATE H6LOER CANCELLATION BOARD OF WELD COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE COMMISSIONERS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 915 10TH STREET MAIL JD DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE GREELEY, CO 80631 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OH LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTAT1 AUTHORIZED REPRESENTATIVE �J NORMAN D. NOE ///// ACORD 25•S(3/88) CACO$EMON 7888 • UNIVERSAL SURETY COMPANY LINCOLN, NEBRASKA - POWER OF ATTORNEY i:tuttl, Throe Presents: That the tr]rs'EMSAi.Snail Cosmos,a Corporation of the State of Nebraska. having its principal office in the City of Lincoln, Nebraska,pursuant to the following By-Law,which was adopted by the Board of Directors of the said Company on July 23. 1981,to-wit: "Article V-Section 6. RESIDENT OFFICERS AND ATTORNEYS-IN-FACT.The President or any Vice-President,acting with any Secretary or Assistant Secretary. shall have the authority to appoint Resident Vice-Presidents and Attorneys-Indact, with the power and authority to sign, execute,acknowledge and deliver on its behalf,as Surety:Any and all undertakings of suretyship and to affix thereto the corporate seal of the corporation.ThePresident or any Vice-President,acting with any Secretary or Assistant Secretary, shall also have the authority to remove and revoke the authority of any such appointee at any time." does hereby make, constitute and appoint • Norman A. Noe or Gladys L. Conrady or Lawrence E. Lutgen, Greeley, Colorado • its true and lawful Attorneys)-rn-Fact, to make. execute. seal and deliver for and on its behalf, as Surety: • Any and all undertakings of suretyship • And the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,as fully and amply,to all intents and purposes,as it they had been duly executed and acknowledged Dy the regularly elected officers of the Company at its offices in Lincoln, Nebraska, in their own persons, • The following Resolution was adopted at the Regular Meeting of the Board of Directors 01 the Universal Surety Company, held on July 23. 1981: "RESOLVED.That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in accordance with Article V-Section 6 of the Company By-Laws: and that any such Power of Attorney bearing such facsimile signatures, including the facsimile signature of a certifying Assistant Secretary and facsimile seal shall be valid and binding upon the Company with respect to any bond,undertaking or contract of suretyship to which it is attached." All authority hereby conferred shall remain in tut!force and effect until terminated by the Company, IN WITNESS WHEREOF, UNIVERSAL SURETY COMPANY has caused these presents to be signed by its Vice-President and its corporate seal to be hereunto affixed this 1st —day 01 June 1927 UNIVERSAL SURETY COMPANY 4` ,1 / By Secretary Mee- resident State of Nebraska ) 55. • County 01 Lancaster) - On this 1st day of June ,15 87 ,before me personally Came Robert L. Privett ,to me known,who being by me duly sworn,did depose and say that(s)he resides in the County of Lancaster,Stale 01 Nebraska;that(s)Se is the Vice-President of the UNIVERSAL SURETY COMPANY,the Corporation described in and which executed the above instrument;that(s)he knows the seal of the said corporation:that the seal affixed to the said instrument is such corporate seal:that it was so affixed by order of the Board of Directors of said corporation:that(s)he signed(his)(her) name by like order;and that By-Law,Article V-Secton 5,adopted by the Board of Directors of said Company.referred to in the preceding instrument,is now in force O ictivit0 roe; Or 666666 K My Commission Expires 8-22-89 Notary Public 1, Thomas A. Tallman ,Assistant Secretary of UNIVERSAL SURETY COMPANY,do hereby certify that the above and foregoing is a true and correct Copy of a Power 01 Anomey executed by said UNIVERSAL SURETY COMPANY,which is still in lull sorer and effect. Signed and sealed at the City of Lincoln, Nebraska this 7th day of June 19_89 7% & As scant Secretary 890484 NOTICE OP AWARD TO: Bestway Paving Company P.O. Box 3189 Greeley, Colorado 80633 PROJECT DESCRIPTION: 1989 CHIP AND SEAL PROJECT The County, represented by the undersigned, has considered the bid submitted by you for the above described work in response to its Advertisement for Bids dated May 4 , 1989. You are hereby notified that your bid has been accepted for Three Hundred Ninty-Three Thousand Eight Hundred Seventy-Four and 91/100's in the amount of ($ 393,874.91 ). You are required by the Information for Bidders to execute the Agreement and furnish the required Contractor's Performance Bond, Payment Bond, and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said bonds within ten (10) days from the date of this Notice, said County will be entitled to consider all your rights arising out of the County's acceptance of your bid as abandoned and as a forfeiture of your Bid Bond. The County will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the County. Dated this 7 day of June , 1989. THE BOARD OF WELD COUNTY COMMISSIONERS (County) BY: 4s'Lcd Title: Anistrative Manager 890454 15 ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Bestway Paving Company this the 7 day of June , 1989. i BY: X l� '1 ��/ Title: 7/G, Px'e c . IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Colorado. 836484 16 {!r tits , f E ORAflDUM lungeCo C.W. Kirby, Chairman, Weld Countyome June 6, 1989 Walt Speckman, Executive Director, Human Resources � � COLORADO From _ _ Weld County Homeless Demonstration Grant : --Subject Enclosed for Board.approval is a competitive grant submission to the Employment and Traning Admin{stration of the U.S. Department of Labor. It is a one-time only project and will serve to augment employment and training services for the adult and youth homeless. The title of the grant is the Weld County Homeless Demonstration Project. The total proposed grant budget is $240,000. Of this total budget, $180,000 is federal training dollars and $60,000 is in-kind support from the Weld County Homeless Coalition and other community agencies. We are proposing to serve 200 homeless participants through a case management process with the Weld Information and Referral Services and through a variety of activities that would include: job clubs, testing, vocational and remedial education, on-the-job training, Youth Try-Out Employment, supportive services, and other similar activities. We anticipate positive outcomes for a total of 141 adults and youth in such areas as placement, competency attainment, and other positive terminations. If you have any questions, please feel free to telephone me at 353-3816. yr r ,i3/4'.2'2 i nn , � hl h4i-;1� ,rpia 2s x, • " ) b:',44,104wt's R� . 0„, ,,‘‘et 1," v e, rr °7y'12M '# ti ,rm .. 'rV' 1 w ?Y' N �yPy � f .1 V' t y �fY� 7 . ) � rDN"ri t'�� L• �s s i � r •.S it,-;„? w � �4 ''' *eta theyIr s$ ed. R , x,5. 890466 ri _ w wry 7.:—•-ti.--- aws .halos;i +'- wu.oans‘ern Er ..,.JICE'YOIEn: . ,>br�onvu;sian c O consobn twat yaseev CnvsofW.masct FEOs.j esnol). EJ N.n.COMvunlen . O Havesr.ts .. I. 4►.tcaftMIO*YAnON tEo.r twin Hoard of Weld County Commissioners Iomemoo suss Employment Services of Weld County, Division of Human Resources Adana.(04,UN.COW.„OW BD C0d.t Nang al folschche monis of tie 0~.0n to D.COnt.a.d on miner' P.O. Box 1305 tIWEOWicshon (ge'�+Eneaids) '"mow Greeley, Colorado 30632 Judy A. Griego, Director Employment Services of Weld County (303) 353-3815 E. EMPLOYE#gENTIFICATION moan Mt* _ - t TYK M APPLICANT:Win AOO�OMN. Jetty in poet te Ii A. SUN K tndepu4p t Sol 04.1.d County ato t Stele Canuott.d inslatul.n 01 Spew Na"w.o C. Municipala. ME OF APKII:ATbMunicipal J. PrA•@ thY.•ryry t�I O. Township K Wire Yet. W New Q Conu.ratipn O W.A•on C. Senile 4. lndM&Yal •w.ipet WNW F. Nurnwnccps W.PfeN C epanitliM N R ECIOTOO t.s lettec(.)ie OoA(.tt: O O a SP.(it Oieuict N.Over(Specify): A Pass..Aw.NJ 0.Nana A•aid C..tvw.e()oration O.Ostrom Million Otlbr hP•rJbA I. RAMEOF ccoc*AS AO(KCt U.S. Department of Labor ... Employment & Training Administration 1E:AU T��NNMTU DOY[tT1C —-. I Lt. OEidWTtYE TOLE OF AIKKwMt none; •. mtE N/A ` Weld County Homeless Demonstration Project .7. AREAS AAECTE0 I!FA0JECT Wass.ceen/sL Vest•Ices Weld County of the State of Colorado It PROPOSED PROJECT: ii. ONCAESSIONAI OnnherS OrI4th Congressional District sult pet. wino Ca. a.Aop cwu b.Pr.j.CT 10/1/39 9/30/90 1S•ELntuTEO/VNOINO: W.IS APPLICATION SU.JECT TO n[v1E11'elf STATE t><(( 0400‘um 0A0 IA«[SSI •. F•0.tt E 180,000 •00 A YES. Tws POCAPPLCCATION/APPLGATION WAS MALE AVAEA&E TO neC STATE MOON(o4pcR s1)72 PQOC SS TOO REVIEW ON b. AOOlicam S .00 • _ 3,000 oATE • - _ C. Stale I .00 b NO. Q PROGRAM IS NOT COVERED OT CO. 17)72 4.Local ! 57,000 .00 Q OR PROGRAM 1175 NOT BEEN SELECTED ST STATE FOR aLMCW • Olney E .00 t. PIN'.sin E „CO I7. a M(APPUCAKT 0EUN0V(Nf ON AMY FC'0(AAL OCVTA - 0 TOTN. E •00 0 Yee E'Y.t'shad'M smtarutpL 0 W 240,000 it TO THE tesT OF MY CNowLEOo(AN0.UUCP.ALL 0AT*ef MM APPLaUnow,POWPIJCATION An mv(*NO COAA.CY.TN(00CVM(NT MAS ECM CULT A VTHOAt.to Sync(oovicedINO.COY Of M(AFFL.p.NY ANO NC AFPLCANT WILL COMPLY mitt THE ATYACNE0 As1NANCCi Al ME ASSISTANCE S AwaAOEO a TYPE!PUNK N AYtMrad KANnenttA. J O. rlm Chairman, Board of c T.{vO.&Free C. W. Kirby iJ ld Cnilnty Committinnorc Z5F 4(1n(1 4 $N)NINE of AYtM014.()R.p•..n1a1N. a Owe Sow) l 774x7 t. 6/7/89 . R...A}/.Ean.o..elaat vu $..na..&T•.m .1. .REV .4a' P,,,c./.0.4 Ty OVS Ce(-.a' •I''01 Authorizod for Local Reproduction .- ;- 890486 ;� - — - -_�T _ y • . �. r r r >• .P p P r Y P r r r P. b , .. V s ' ;,-, ; ? i 2 ; f : • , . ,., o a 1 3 1 n ` Y oMM =X. 1 yj 3.p V + - •}1 ^p b CO • n we e N ' - ^^v V! m = O A cc71 On" -- \ • b O cJ1 rA+ v z b O (xi0 O 1 1 V l c71 N T O O O O O CO O O O p C 3- O s` O O 0 I 0 1 1 O O 0 b 5 ,11• a C N c • ° S o O i H 1 = s. 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L LLL-4 grirri 0 (J1 tJi • trl p V -4 0 0 0 G O 7. 0 0 0 a o p t O ; . N N N N M N Si it,„ 01 •"• a 01 0 U1 Ul O w • v - _ ? O 0 0 1 0o 0 I - 890486 4. t ' xi • . _ 1 Weld County Homeless Demonstration II. Project Narrative A. Need for the Project Cn!c . The Weld County Homeless Coalition estimates that approximately 21,800- -- individuals are homeless per year in Weld County. Chart 1 below describes the demographics of these individuals. Chart 1 ,.; Weld County Homeless Client Demographics Employed 13% Unemployed 87% Hale 45% Female 55% Recipient of Some 71% Social Service Program Ethnic Group: White 58% Hispanic 41% Indian 1% Source: Weld County Homeless Coalition Data Bank: 6/30/88 The Weld County Homeless Coalition has estimated the following preliminary demographic estimates of the homeless population: individuals who have a multitude of problems including those who are mentally ill , substance abusers, etc. (15%) ; offenders (5%); teen parents (5%); two parent households (15%); youth who are potentially eligible for the Job Training Partnership Act (5%); and single males/females who are the majority of homeless (54%). The high rate of unemployment in Weld County (6.9%) and the rural nature of the county indicate the need for a specialized approach in regards to marketing the employment needs of this targeted group, and the necessity of providing a more accessible pool of services through which these individuals can reach independency. The Weld County Homeless Coalition is composed of eleven agencies, including Employment Services of Weld County. These agencies are described in Chart 2. Chart 2 Weld County Homeless Coalition 1. A Woman's Place (Battered Women) 7. Salvation Army (Overall Homeless) 2. Camelot Independence Services (Disabled) 8. Social Services - FEMA (Overall Homeless) -1- 890486 Chart 2 (continued) 3. Catholic Community Center (Overall Homeless) 9. Social Services - Weld County Housing Authority (Families) 4. Disabled American Veterans (Veterans) 10. Transitional House (Families) 5. Greeley Housing Authority (Families) 11. Weld Mental Health (Chronically Ill) To achieve the goal of long term employment a holistic approach towards the family individuals be taken. Current studies indicate that the majority of homeless individuals tend to receive services on an emergency basis, but do not receive comprehensive services to address social , psychological , educational or other problems. These other problems are caused from, or encountered during their homeless status. A more complete system of services directed toward employment must be developed to expedite the transition of these individuals from a "homeless" status to a "self-sufficient" status. To provide necessary employment services required to meet the needs of the homeless population, a coordinated effort between local agencies must occur through an individualized approach that is provided through case management. The case management approach will ensure that comprehensive services can be interconnect to meet the needs of the homeless and assist the homeless in maintaining long term employment. An effective employment, training, and support services delivery system, will be developed through the efforts of the Economic Development Action Partnership, Weld County Homeless Coalition, Weld Information and Referral Services (WIRS) , Aims Community College, the Weld County Division of Human Resources, the Employment Services of Weld County, Island Grove Treatment Center, and School District 6. B. Project Service Methodology 1. Description of Activities The Weld County Homeless Demonstration Project is directed toward assisting the homeless participant become self sufficient by obtaining and ' retaining employment. This project will provide services to the homeless individual who is unable to receive services through existing programs. The objectives of the project will be to: 890486 -2- a. Increase the capability of the local employment and training delivery system to place the homeless individual into employment and to modify the system to meet the needs of this target population. Employment Services of Weld County is the Weld County Service Delivery Area and also administers the Job Service. Because of this linkage, the homeless participant will have access to available job search activities, including registration, job club, vocational and remediation training, career counseling, eligibility verification, file search (automated job bank match), referral and training activities, as well as other appropriate supportive services such as child care, transportation, and relocation assistance. Employment Services of Weld County will , provide job club and testing activities to 200 homeless adult and youth participants. Of the 200 participants, 30 or 15% will be youth and 170 or 85% will be adults. It is anticipated that 115 adults will participate in the following activities: 15 in On-the-Job Training; 20 in remediation activities; 30 in vocational training; 10 in relocation activities; and 40 in direct placement. Of the youth participants, 26 will participate in the following activities: 8 in the Youth Try-Out Program; 10 in Basic Skill Competencies; 5 in On-the-Job Training; 3 in direct placement. Of the total number of participants to be served, 40 or 25% will terminate negatively; 9 or 5% youth will receive competencies; 50 or 25% youth and adults will terminate positively; and 82 or 45% will be placed into unsubsidized employment. It is anticipated that the average wage at placement will be $5.50 per hour, which may be compared to the state average wage at placement for Colorado of $4.67 per hour. Employment Services will provide child care assistance for 20 participants enrolled in job search, instructional skills training, 3 LiSJ486 alternative programs, and during the first month of employment. Transportation to and from job search as well as, provision of bus passes while the participant is in instructional skills training, alternative programs, and during the first month of employment, will be provided by Employment Services. Relocation expenses for 10 participants will be also be provided by Employment Services. b. Coordinate support services to enable the employment and training system to place the homeless participant into employment and provide support in order for the participant to retain employment. The Weld County Homeless Coalition will provide shelter for the homeless families and single individuals, will refer to and secure permanent housing, and assist with supportive services, which will allow the homeless participant to search for and retain employment. The Weld County Homeless Coalition will provide pre-employment activities including identification of employment barriers and the initiation of the Employment Service Application (equivalent to the Job Service 511A) to collect work history information. Weld Information and Referral Services (WIRS) will initiate case management services to 200 homeless participants and their families, in conjunction with staff from each of the shelters and to coordinate supportive services for the homeless participants. It is anticipated that 60 participants will require intensive case management. The critical linkage for these cases will be services from Island Grove Treatment Center, for drug and alcohol treatment; Mental Health for counseling services: and the Restitution Center for rehabilitation services to offenders who meet the Restitution Center's eligibility criteria. • School District 6 Alternative Education Case Management will provide education and training programs for youth who have dropped out of school . 4 890486 returning to school. or to assist at risk youth complete school in a quality manner. c. Identify the demographics of the homeless population through collaborative efforts among the employment, training, and support services network in order to make the system more response to the needs of this target population. 2. Coordination and Outreach Plans This proposal seeks to allow the Employment Services of Weld County to manage and initiate new efforts to enhance and expand employment, training, and support services systems to meet the needs of the homeless population. This will be accomplished through the collaboration of the agencies and institutions providing employment, training, and supportive services in rural and urban Weld County. a. Employment Services will enter in a purchase of services agreement with Aims Community College (Aims) to enhance the participant's employment skills by offering vocational and remediation skills training and counseling assistance to 50 homeless participants who wish to choose, change, or adjust their career goals through its offices in Greeley and Ft. Lupton. The counseling services will : 1) determine, through testing and evaluation, the areas of employment in which the participant is best suited 2) provide counseling to assist the homeless individual 's transition into employment b. Employment Services will enter into a purchase of services agreement with WIRS to provide case management services on behalf of the homeless. I) provide a tracking system by which the needs, employment or otherwise, of the targeted group can be determined through a central data bank. This information would become accessible to the agencies participating in the project and will result in the development 5 890486 It is anticipated that through the utilization of a central case management system, the coordination of various support services provided by local agencies and the development of greater job opportunities and training through employer relations and relocation services, the possibility of assisting the homeless participant achieve self-sufficiency can be realized. 5. Project Action Plan The plan of action is to begin October 1, 1989, and will end September 30, 1990. a. Pre-grant Award Phase: From July 1, 1989 through September 30, 1989, Employment Services will: I) identify, through the Weld County Homeless Coalition and WIRS, preliminary demographics of the adult homeless population in order to develop specific curriculum for job search classes, enhance or modify the skill instructional classes and counseling services through Aims, 2) identify, through EDAP, occupational openings and skill needs for the homeless. 3) initiate process by which purchase of services agreements and non-financial agreements will be developed an finalized with the collaborating agencies under the project. 4) modify and enhance a common data bank, through WIRS. 5) determine if other agencies not identified within this proposal need to become involved in the process. b. Grant Award Phase: From October 1, 1989 through September 30, 1990, the following will take place: 1) WIRS will initiate case management services and refer those homeless participants in need of employment and training to Employment Services and include demographic information into the central data • bank beginning October 6, 1989. 2) Employment Services will provide intake and register the homeless participants in the Job Training Partnership Act (JTPA), the Job 6 29486 Services, and identify these participants under this project for tracking purposes. Employment Services will initiate and complete an employability development plan on each homeless participant. Employment Services will complete reports for the central data bank located at WIRS beginning October 6, 1989. 3) Aims, EDAP, and Employment Services will review curriculum with employers, modify curriculum as appropriate, and ensure the curriculum continues to respond to the homeless participant by November 30, 1989. Aims will enroll homeless participants into skill instructional training in January, 1990. 4) Employment Services will meet quarterly with the agencies involved in the project to determine the status of the project. 5) Employment Services will provide quarterly reports as required by the U.S. Department of Labor to describe the project's progress. 6) Employment Services will provide evaluation reports to the Private Industry Council and U.S. Department of Labor as required. c. Closing Grant Award Phase: From September 1, 1990 through December 31, 1990, the program review and evaluation process will take place. 1) interviews with those agencies collaborating in the project to determine their perspective on the strengths and weaknesses of the project, service gaps, and duplication. 2) interviews from employers will be provided through EDAP and Employment Services that identify employer concerns and interests. 3) interviews held with homeless participants through surveys held for evaluation purposes and client tracking information gathered through central case management system will be analyzed. 4) Final evaluation report completed and submitted to the Department of Labor, Employment and Training Administration. 6. Client Flow Chart The following Chart 4 indicate the sequence of services available to 7 890486 program participants. C. Evaluation Methodology Evaluation of the project will involve analyzing information gathered by the central case management system, as well as information gathered through a project survey. Through case management all client information will be collected and compiled for the purpose of reflecting a clear picture on the need and the ability or inability of the project to meet that need. The criteria used to determine the effectiveness or ineffectiveness of the project will include: 1. 200 of individuals served 5. 13 weeks average retention rates of placements 2. 82 of individuals placed 6. 10 Number of individuals 3. $ average training costs relocated to other areas • for placement 4. _ supportive service costs 7. _ Number of individuals remaining in the area Included in the above criteria will be the results of the surveys done with participating clients, collaborating agencies, and employers. A Request of Proposal process will be used to acquire an independent source to apply and summarize the survey findings. Employment Services will complete and submit to the U.S. Department of Labor preliminary program evaluation not later than the end of the first year of project assistance. D. Expected Outcomes Employment Services of Weld County, which is the Weld County Service Delivery Area and the Job Services, in conjunction with the Weld County Homeless Coalition, Aims Community College (Aims) , Island Grove Treatment Center, and the Weld Information and Referral Services proposes through collaboration of comunity services agencies, to provide a coordinated delivery system of • employment, training, and support services to assist the homeless individual obtain and retain self sufficiency. 8 890486 The project will provide employment an training services to 200 homeless participants with 82 of the participants placed in full-time employment at $5.50 per hour. 1. Supportive Services An on-going goal of Employment Services is to continue to identify all the services available in Weld County, any service gaps, and a plan of action for connecting clients with necessary services. There are a number of agencies in Weld County that provide supportive services. Employment Services will develop a method by which homeless clients can be connected to appropriate services. Employment Services staff will provide employment retention services for 13 weeks after the participant terminates into unsubsidized employment. E. Level of Effort The project will be administered by Employment Services with intensive coordination between, WIRS, EDAP, Aims, and the Weld County Homeless Coalition. 1. Staffing Plan Employment Services will administer and manage the project. Additionally„ Employment Services will provide in-kind staffing for intake, eligibility determination/verification, placement, and other employment and training functions. Employment Services will purchase comprehensive case management activities from WIRS for 60 homeless participants and initial case management services for 140. This will total to 200 participants. Employment Services will purchase from EDAP specific job development activities to 30 employers on behalf of the homeless. 2. Patch Budget The Weld County Homeless Coalition members will provide the following . match resources (in-kind) or a total of $ WICOP a. 9 890486 b. c. The United Way of Weld County will provide a total of $ in-kind resources as follows: a. b. F. Organizational Capability The Employment Services is the Weld County Service Delivery Area under the Job Training Partnership Act and is the Job Service Center, under contract with the Colorado Department of Labor and Employment. The organizational structure of the Employment Services, which is a department of the Weld County Division of Human Resources and an entity under the Weld County Board of County Commissioners is described below in Chart 5. Chart 5 Organizational Chart of the Employment Services of Weld County (Weld County Division of Human Resources) Board of Weld County Commissioners Private Industry Council Weld County Division of Human Resources Walt Speckman, Executive Director Administrative Unit Children/Parent Employment and Training Senior Citizen Programs Programs Programs Head Start Employment Services of Area Agency on Aging Weld County The Manager for the project is Ms. Judy A. Griego, Director of the Employment Services of Weld County. Her qualifications consist of 12 years experience in successfully directing Comprehensive Employment and Training Act . Programs, nationwide demonstration project under Employment Opportunities Pilot Program (welfare demonstration project), Job Training Partnership Act programs, and the Job Service. 10 890496 I NARRATIVE BUDGET INFORMATION SUMMARY The budget for the Homeless Demonstration Project is: Description Budget Request 1. Training $126,000 - Educational, skill and occupational assessments for 200 adults and youth at $54.00 10,800 - Job Clubs for 200 individuals at $30.00 6,000 - Adult Remedial Education for 20 individuals at $75.00 1,500 - Youth 'Remedial Education for 10 individuals at $150.00 1,500 • - Classroom training for 30 individuals at $250.00 7,500 - Youth try-out experience for 8 individuals at $900.00 7,200 - Adult On-the-Job Training for 15 individuals at $2,349.00 35,235 - Youth On-the-Job Training for 5 individuals at 2,349.00 11,745 - Relocation for 10 individuals at $250.00 2.500 - Purchase of Service Agreement with Weld Information and referral to provide case management services 15,000 - Project Staff 1.5 Monitoring Staff 20,267 .5 Evaluation and follow-up 6,753 II. Supportive Services $ 27,000 - Day care assistance for 20 individuals at $750.00 15,000 - Transportation services for 200 individuals 2,000 - Purchase of Service with Greeley/Weld Economic Development Action Partnership for Employer/Job development services 10,000 III. Administrative Costs $ 27.000 - Personnel 12,000 - Indirect 14,500 - Travel 500 S90486 WELD COUNTY, COLORADO PAGE 1 of 1 General FUND CLP1r7s V.O. WARRANT NO. P.O. NO. Va'DOR AV,OL'N•T 902343 I 077505 U.S. Postmaster 4,064.08 ( TCITAL $ 4,064.08 STATE OF COIARADO ) ' ss COUNTY OF WELD ) This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Page 1 through 1 and dated June 7th , 19 89 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 4,064.08 DATA THIS 7th DAY OF June , 1989 te.--- COUNTY F ^:CE OFFICER SUESC?JBED AND SWORN TO BEFORE ME THIS 7th DAY OF dune 19 89 MY CC CCSSION SIRES: My Commission Expires June 8, 1990 N JARY PUBLIC STATE OF COLORADO ) ss COUNTY OF WEED ) We, the Board 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 General FUND totaling' Chairperson �" $ 4.064.08 . � ' / ATTEST �J rfie V \J 17172.44/t, T2kk/16<a�, J v County C Recorder Member ly- i Le ty „ . _( _,E1-4--Li-c G i Member Nembe WELD COUNTY , COLORAD eAue 1 PAYROLL FUND CLAIMS WAPRANT P.O. & NO. VO. NO. VENDOR AMOUNT I I 14367 83834 PEAK HEALTH PLAN 5,304.94 State of Colorado ) TOTAL 5,304.94 ) ss County of Weld This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Pages 1 through 1 and dated JUNE 7th , 198 9 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ Dated this 7th day of JUNE , 1939 . Weld County Finance Officer Subscribed and sworn to before me this 7th day of JUNE 198 9 My con vision expires: . , c ; u wfresjuneg, 1990 ''// Notary Public _- State of Colorado ) ) ss County of Weld ' ) We, the Board 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 PAYROLL Fund totaling S 5,304.94 4215 Chairpersoner s / Member v .,',�y C i e and Record Mem er 44?;;tip t n 1 LC'.<.zcft.�� • -u Clem' r • • r 3 • • • • • • • • • • • • • • • • • 411 - - .4 .D. D ^ - D— I. Y D A .. imP. mo omm on. .. .. 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I II II II II II II II '0 O 1 II II 1I II II II II D a 1 II II I1 II I1 II II 0 1 1 It I1 II II II II II m m I II II II II 1I II I1 I II II 11 II II II II •• •• I I1 I1 II 1I H II II Z I II II II II 11 II II D a O I N N II r r I1 1I • W II II II II 2 A P r 1O O II P P 11 N N 11 r P a r a — 11 O co 11 • ♦ 1I N N 11 co V O A \ P I O O I1 O O 11 CO O II P O • • • • 11 O O 11 W O W 11 P P OW - P C D O • 1 • • 11 • • 11 • • 11 • • • • • • 11 • • 11 • 1 • 11 • • II • • • Z Z a a 1 O O 11 O O 11 O O 11 W 0 0 0 0 0 11 O O III., I it. 11 O O II r CO r ti t O ICI O 11 O O II O O II N O 0 CO O CO HO O 11 0 1 0 11 P P 11 a O • r 0 I II II II II II I II II O .o • • t 3 • • • • • • • • • • • • • • • • • S WAP200P WELD COUNTY GATE : 06/06/89 • WARRANT REGISTER PAGE : it • AS OF : 06/06/89 • WARRANT PAYEE INVOICE ACCOUNT NUMBER WARRANT • NUMBER NUMBER FO DEPT O8J PROJ AMOUNT • • A112056 STRONG. DOROTHY 16.40 • • A112057 SUNRISE COMM HLTH CNTR AA0589 21-6490-6380-8A 354.20 • • 354.20 • -- • - A112058 TACKER JEANNIE MI0589 21-6950-6372 24.40 • 21-6490-6372-8 44.00 • 060589 79-6950-6147 519.00 • 899434 21-6950-6377 11 .54 • 598.94 I • A112059 TAPIA MABEL MI0589 21-6480-6372-8 34.20 • • 34. 20- ; • A112060 THOMPSON' SHARLEE MI0589 21-6490-6372-8 53.41 • • 53.41 • • A112061 TIMM. HENRY H. MI0589 21-6510-6372-9 10.82 • 10.82 • • A112062 TOWN OF GROVER 188430 01 -1061-6340-ROAD 34.75 • 34.75 • • A112063 U S POSTMASTER 060589 01-1011-6311 18.58 • 01-1012-6311 68.87 • 01-1014-6310 163.58 01-1025-6310 25. 17 • 01-1031-6310 1 .271 .71 • 01-1041-6310 13 .038.67 01-1061-6310 6.55 • 01-1110-6310 6.03 01-1123-6310 374. 77 is • • II • i. I I i I ■ • • r at • • • • • • • • • • • • • • • • • 1 D D D C C r 2 D D r n c = 9 N N N 221 N O 0 0 DD 0 P P P m 2 O N ♦ W 9 N 9 C C C 9 H 2 a is N { r c m m m m a O 0 M 11 N ti n L 2 O Y. 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Y 1,1 Q N W F. .• O - 4 Y \i" r 4 a } a a O Z U C I- a H F W N r W 0 1- W W ▪ 4 W U J H N ] N L ,,jjII VI a ❑ Z 7 00 CO 00' W a 0 a U 2 W 7 r r d a 7 i a L ; 3 a W ><- 2 W Y V O W '� W W W a V1 J o E 2 LA r a L I •I > O L Y 3 2 J w > Z i �1 E O O W > CO i a F. A 0 W > V I m I 1 VI 0. CC I C W a h. w 1 a F- r r tD a > a W e J t- W O 1 F. F. W W ❑ I a 2 Z 0 O 7 .. S O a . _ J I- W t o- a 1- .• 2 3 W ga, 4. IC-\‘.1.1.L 0 I- } a o a W > > 0 W 4 W Z W V O a a W\ W C0 0 0 I zU 0 a a 4 ❑ a .+ a x - z O ►. W a 1 I. a N a Y 0. 1 C a. W cJ 1 a I a w o z N x «.t, a a 1 x I W I •• O. [ r W 1 0 N e v f 1 Q _ V N P 0. U. 0 T a IF U. r I CO Cr-- I 7 I COW W .•j 71 Y ❑ Z - I W a 0 O a tJ ' I a ^F •. C .a H I O r 1 m t q W 0 W N O Vf Z � N f N O 'a + a w F N • l w N .- U' W b I O 0 r Z W I M0 N F. r Y `1 F. 7 t 1 �I a. N W I- V a E oz 1 O •. J 0 2 ❑ W U O n a w I O S 0. W 7 W a 0V W 0. E 11! 1 I N 0 C M 0 r w 02J 13. Y W I- O 1 0. O 4 Y 4 1 0 7 > 1 a a 2 C V 1 1 1 a U 0 a 0 N Y .. 0. h ❑ x • • • • • 0 0 5 0 0 0 5 0 0 0 0 0 0 0 0 0 1 U fst! " mEmORAnDUm 1 To_ to the Board Date June 2,z COLORADO Clerk YID`P George Goodell, Director of Road S Bridge ' . From Road Opening sub,nn The following road was opened on this date: Weld County Road 86 between Weld County Roads 25 and 29 Please see that this is placed on the Board's Agenda. Thank you. GG/rs xc: WCR 86 File wY- \( \ Affidavit of Publication STATE OF COLORADO ss. County of Weld, 1, Claribel Rogers of said County of Weld, being duly sworn, say that I am an advertising Berk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state: that the notice or advertisement, of which the annexed Is a true copy, has been published in said daily newspaper for consecutive *gay (weeks); that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of xlSirlct said notice, and in the newspaper proper and not In a eiethC tacew,wow supplement thereof; that the first publication of said n theterndayofE Nonce etton PP OW of Tao p.tn.the Towner notice was contained in the issue of said newspaper Garden City will consider an Or- dinance P P¢r dinance annexing to the Town of bearing date Garden City the tollewine described properly,tared: TwnT $1 Ytb All of the South 215 feet of Y Lot 10, Arlington Gardens. East the Union arid South s day of ICY AD, 19 2 of U, S. Highway Weld County. Railroads spur, Wald own t the R Colored*. Omen ae known e1 the Rey. and the last publication thereof: in the issue of said adore and a dSodh A streetue, address of with rare Sixth Avenue, newspaper bearing date the Greeley.colrxedo. Ty nt Third The above described progeny y' Is eligible fee annexation to the Town of Garden city gwawnt to day of pp C.R.S 3142.1000). Y AD. 19 tr/ - TownnClerrkk�Grdencity. that said The Greeley Daily Tribune and The Greeley The Greeley NIA/Tribune May2e,June 2,9,1e,n,tgeo Republican, has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Kv 26. .)di° 2, 9 16, 7%. 14R4 Total Charge: 530.50 Advertising CI rk Subscribed and sworn to before me this 31St day of MW A.D. 19a- My commission expires fizA.- I �o`� . 1 Notary Public r NATURAL ENERGY RESOURCES COMPANY P.0.00x 567 • Palmer take,Colorado 80133 • (719)461.2003 - FAX(7 t9)481.4013 EXPRESS MAIL _ May 30, 1989 Senator William L. Armstrong Washington, D. C. 20510 Dear Senator Armstrong: Your May 16, 1989 letter is appreciated. However, you are making a serious environmental, economic, and political mistake by rejecting our request for a Congressional investigation into the "overlooked" alternatives to Denver's destructive Two Forks Dam proposal. The $40 million Metro Denver Water Supply Final EIS is not a legally sufficient decision document under NEPA, because it purposely ignored several ongoing alternatives that are substantially superior to the outmoded Two Forks concept. Unfortunately, Denver's 50 year investment in Two Forks water rights • and engineering has been used to systematically bias Colorado's Round Table and Metro Denver's water providers into thinking Two Forks was the only viable alternative. None of these organizations had the vision and engineering expertise to question Denver's relentless drive to dam the South Platte. They surely did not evaluate the advanced Gunnison and City - Farm Recycling alternatives before they were misled into their heavy Two Forks commitments. Because of this misguided political momentum, Two Forks developed a life of its own that effectively destroyed the objectivity of the EIS. For example, Denver's existing water rights were used by the Corps as a basic screening criteria for eliminating viable alternatives from detailed consideration. This may explain why the Gunnison, Colorado's largest untapped water source, was never considered until we finally forced the embarrassed Corps into a very inadequate review just prior to release of its Final EIS. Because of the lower cost and less environmental impact of a Gunnison solution, Arapahoe County and the City of Aurora are now aggressively pursuing this vast overlooked water source for Metro Denver. Although the City of Thornton dropped most of its interest in Two Forks in 1986 to pursue its innovative City - Farm Recycling Project, this 60,000 acre feet water supply for Northern Denver was completely omitted from the Final EIS. The overlooked Gunnison and City - Farm alternatives are scheduled to come on line long before Two Forks, with double the safe yield for about half the unit cost. A large, high altitude, off river, Gunnison storage reservoir at Union Park will also help correct Colorado's seriously unbalanced water use, while providing much needed drought protection for both slopes. Because of the national environmental importance of this gross alternatives oversight, we again strongly urge that you and the other Colorado delegates immediately initiate an EIS Congressional investigation. The investigation should include a completely independent engineering review of the several overlooked options. This fresh review could be quickly done at a fraction of the cost and image damage to Colorado caused by a prolonged legal battle with our determined national environmental groups. Sincerely, aC2•4"' , .0142, \� ADM/bm\ Allen D. (Dave) Miller, President �//� cc: President Bush, U. S. Congressional Delegates, EPA, Colorado Legislators. WILLIAM L.ARMSTRONG C0WRA0O '1srcifeb .Titoism "innate WASHINGTON. O.C. 20510 May 16, 1989 Mr. Allen Miller President, Natural Energy Resources Company P.O. Box 567 Palmer Lake, Colorado 80133 Dear Mr. Miller: Thank you for your letter of May 5, 1989 requesting a Congressional investigation regarding omissions of alternatives to the Metro Denver Water Supply Final Environmental Impact Statement (EIS) . I do not believe such an investigation is warranted. The Final EIS stated that more than 100 alternative water supply sources were considered, including groundwater, reuse and approximately 50 reservoir sites in the Platte Basin. The City and County of Denver with the Metro Denver Water Providers, a group of 40 metro cities, counties and special districts, locally funded the $40 million, 8 year environmental impact study (EIS) . That study grew from a 1981 statewide water roundtable which represented a variety of interests from throughout the Colorado, and a system EIS. This statewide and multi-government cooperation helped in settlement of key water litigation among Denver, northern Colorado agricultural interests, and Colorado's West Slope. The coalition of 41 governments represents unprecedented cooperation to responsibly provide an adequate, stable future water supply for more than half the state's population. Thank you for writing and expressing your concerns. Best regards. rely, • Wil ism L. Arms ng WLA:ck i Denver needs a water policy ENVER POST columnist Ed Quillen recently beae' m Par i N S described Colorado as the "state of indccl- by JO'I --26 _r sion."The proposed Two Forks Reservoir is a • i perfect example of his point. • MUSIC]( • Only a few weeks ago, the Environmental Protec- i tion Agency called it unnecessary and a potential en- vironmental disaster. Reservoir, Cherry Creek Reservoir and a new high Predictably,Two Forks promoters launched an of- plains reservoir which could be built between Colon. Pensive to counter that conclusion. They steadfastly do Springs and Denver at Fremont Fort. pressed for their pet project, rather than seriously ✓ Store irrigation reservoir water upstream in .' seeking logical solutions to real problems. Fremont Fort Reservoir by exchange. • The Denver Water Board has built an excellent ✓ Tap large groundwater reservoirs underlying : water system. And Two Forks is a manifestation of Denver'during times of drought to supplement the ' their vision. But Two Forks was part of a vision con- river water which has been stored in surface reser- ceived in the early 1900s,when the horse-drawn car• voirs. page was our major form of transportation and in• ✓ Deliver this raw untreated well and river water 'f door Dlumbi IT was only beginning to deliver our to existing municipalities and water districts for water, treatment and delivery to their customers only in • It is no longer viable for solving today's water accordance with accepted concepts of conservation • problems, any more than Stapleton International and metering. i Airport or Currigan Hall can meet the needs of the ✓ Collect all metropolitan treated wastewater • future, and deliver it by pipeline to the downstream storage • 'Just as Denver needs a modern airport and a new reservoirs for use by farmers to grow crops,purify- '▪ convention center, it needs a new water-manage- ing the water through the Earth's living filter. ment concept for the 21st century. • Every law and regulation to accomplish this sim- • Anticipating the eventual demise of the Two Forks pie system is in place. It would solve all of Denver's plan, a group of headwaters counties on the Front water supply, wastewater treatment and conserva- Range developed an alternative which would employ tion requirements well into the 21st century. r modern concepts of water supply, However, that al- This simple plan would Involve everyone:counties, ternative, developed over the last decade, has been cities and farmers, It would increase high plains flat ignored by Denver and the U.S. Army Corps of Engi- water recreation, improve Denver water supplies, 1 neers. prevent floods,clean up the South Platte River.pro- The new plan is quite simple: Form a regional wa- vide minimum stream flows for the river and pre- ▪ ter supply authority involving headwaters counties, serve irrigated agriculture. And it would integrate urban cities and downstream agricultural counties. ground and surface waters into a comprehensive Legislation for the creation of such a River Basin plan. ▪ Authority exists today. It can be formed by simple Best of all, it cotfld begin immediately. And it agreement of the counties and cities involved. would represent a modern decision, a first step to- The River Basin Authority would do six things: ward Colorado's becoming a leader in water re • - fso Store water in existing upstream reservoirs source management. And it would end Colorado's be- rfirst. ing a State of Indecision. ✓ Store South Platte River water in Chatfield John D.Musick Jr.Is a Boulder water lawyer. ,",. „Et • I-ligtivvay ,„. Colorado Department of Highways '7 10 ; , 4201 E. Arkansas Ave. Denver, CO. 80222 For More Information: 757-9228 *89-21 MAY 25, 1989 CONSTRUCTION BIDDING ACTIVITY FOR MAY 25 CXBRF-CX(S)13-0113-05 S.H. 113 NORTH OF STERLING MP 13-0_11.3-06 Resurfacing and bridge replacement on S.H. 113 north of U.S. 138 in Logan county, combined project for 12.9 miles of hot bituminous paving and striping north of U.S. 138 and bridge replacement nine miles north of the junction along a 2.1 mile segment, which includes grading, hot bituminous pavement, plant mixed seal coat. drainage, bridge, concrete box culvert, seeding, mulching, striping, fencing and guardrail. Number of bidders: Six (6) Apparently successful bidder: $1,355,634 from HLM Construction, Inc. of Swink Calls for completion within: 75 working days Preconstruction Project Manager: David A. Forsyth Resident engineer: Duane Muller, Sterling HOS 0006(381 GARRISON ST. IN LAKEWOOD Raised median and safety work on Garrison Street in Lakewood for a tenth of a mile north of West Alameda Avenue, consisting of curb and gutter, sidewalk, drainage, hot bituminous pavement, striping. and seeding, in Jefferson county. Number of bidders: Nine (9) Apparently successful bidder: 579.895 from Colorado Seal b Stripe. Inc. of Commerce City Calls for completion within: 20 working days Preconstruction Project Manager: John K. Krop Resident engineer: Larry McKenzie, Denver ' (over) IS) �Y V\ Highway News Page 2 FR 040-2(24) U.S. 40 AT S.H. 14. MUDDY PASS Channeling the U.S. 40, S.H. 14 junction near Muddy Pass for safety, in Jackson and Grand counties, a Set-Aside project for minority firms, which includes grading, aggregate base course, hot bituminous pavement, seeding, mulching, drainage, lighting and guardrail . Number of bidders: Six (6) Minority Business Enterprises Apparently successful bidder: $441, 671 from Mendez Excavation, of Grand Junction Calls for completion within: 40 working days Preconstruction Project Manager: Shiu C. Chan Resident engineer: Dale Pyle, Craig CX 01-0030-03 HAMPDEN AVE./HAVANA ST. IN SOUTHEASTERN DENVER Resurfacing Hampden Avenue and South Havana St. in Denver and Aurora, which is S.H. 30, which includes planing, hot bituminous pavement overlay, plant mixed seal coat and striping, beginning at Interstate 25 and extending about 3. 9 miles easterly to 5.11. 83 (Parker Rd. ) in Denver and Arapahoe counties. The above project has been deferred to June 1. at 10:00 a.m. THOS 0006(r) ARAPAHOE ROAD AT YOSEMITE ST. SOUTH OF DENVER Signalization at Arapahoe Road and South Yosemite St. in Arapahoe county. Number of bidders: Five (5) Apparently successful bidder: $11,821 from Colorado Signal Company of Commerce City Calls for completion within: 6 working days Preconstruction Project Manager: Raymond J . Aberle Resident engineer: John Ward, Denver (more) Highway News Page 3 MR 8625(1) NORTH THIRD AVE. IN STERLING Rebuilding half a mile of North Third Avenue in Sterling between West Main St. and West Broadway, which includes grading, hot bituminous pavement, storm sewers and curb and gutter, in Logan county. Project will be readvertised because there were fewer than three bidders and the low bid was more than two percent over the engineers ' estimate. Colorado Revised Statute. section 43-1-111(8 . 5) . C.R.S. , as amended. CX 12-0036-20 BOULDER TURNPIKE NOISE FENCING FCU 036-1(36) Wooden sound barrier fencing along the Denver-Boulder Turnpike (now U.S. 36) between Zuni St. and Broadway, consisting of clearing and grubbing, seeding. mulching, topsoil, aggregate base course, hot bituminous pavement, drainage, and guardrail, in Adams county. Number of bidders: Three (3) Apparently successful bidder: $474,620 from Cat Construction Company, Inc. of Westminster Calls for completion within: 55 working days Preconstruction Project Manager: David Stevenson Resident engineer: Skip Hlad, Denver MP 99-6000-40 DENVER AREA PAVEMENT MARKING Refurbishing thermoplastic pavement marking in various counties in and around Denver, at locations including Interstate 25 south of. Orchard Road to C-470; U.S. 36 at various locations between Broadway and S.H. 121; U.S. 40 from Youngfield St. to Sheridan Blvd . and Yosemite St. to Buckley Rd. ; S.H. 391 from U.S. 285 to the Federal Center; and S.H. 88 (Federal Blvd. ) from Yosemite St. to Clinton St. Project will be readvertised because there were fewer than three bidders and the low bid was more than two percent over the engineers ' estimate. Colorado Revised Statute, section 43-1-111(8 . 5) , C.R.S. , as amended. BIDS TO BE OPENED NEW: JUNE 15, 9:30 a.m. , minor widening on S.H. 64 along 2 1/2 miles east of Rangely, which includes clearing and grubbing, grading, aggregate base course, hot bituminous pavement, plant mixed seal coat, drainage, concrete box culvert, striping, seeding and mulching, in Rio Blanco county, FR 064-1(6) . (over) Highway News Page 4 BIDS TO BE OPENER CONTINUED 9:45 a.m. , restriping 15.4 miles of Academy Blvd. in Colorado Springs east and north of Pikes Peak Community College, which includes thermoplastic pavement marking, in El Paso county. MP 99-2000-21. 10:00 LAD. . combined project for signals in Greeley: signalization at U.S. 85 Bypass at 22nd Street east of University of Northern Colorado; also signals and minor widening at U.S. 34 and 28th Avenue, which includes curb and gutter, sidewalk and hot bituminous pavement, in Weld county, HES 0004(36) and MG 5500(6) . 10:15 a .m. , resurfacing S.H. 94 in Lincoln county, consisting of hot bituminous overlay, plant mixed seal coat. guardrail, seeding, mulching, and striping, beginning about eight miles east of Punkin Center and extending four miles east, SR 0094(26) . 1Q:30 a.m. . rebuilding 2.1 miles of S.H. 12 near Segundo, which includes grading, drainage, aggregate base course, hot bituminous pavement, plant mixed seal coat, striping, concrete box culvert, topsoil, seeding and mulching, beginning about 11.3 miles west of Trinidad and extending westerly in Las Animas county. SR 0012(26) . NEW: JUNE 29. 9.30 a.m. , new Interstate 70 bridges at I-25 in Denver (The "Mousetrap") , which includes retaining wall, grading, hot bituminous pavement, drainage, impact attenuator, guardrail, topsoil, seeding, mulching. signing, and striping, IRD 070-4(123) . CONTRACTS AWARDED Road/ Bid Contract Pro3ect Street Description Awarded to gltr.I .A.glen. Awarded MP 11 0121 72 Wadsworth Resurfacing The Brannan 4/20/89 5/2/89 Blvd. in Sand d Jefferson Gravel Co. county $158,666 Award Goals MBE 0% WBE 12% Committed MBE 0%. WBE 0% r,. Z STATEMENT OF PURPOSE OF THE BERTHOUD FIRE PROTECTION DISTRICT 1 . RECITALS Section •32-1-208 C.R.S. requires each special district which was formed prior to the enactment of Section 32-1- 201 C.R.S. to submit on or before July 1 , 1986, a Statement of Purpose to the applicable county or counties in which the district lies. The Berthoud Fire Protection District was formed by Order and decree of the Larimer County District Court on June 19, 1950. At the time of organization, the "service plan" requirement had not been enacted. Accordingly, this Statement of Purpose is submitted in accordance with Section 32-1-208 C.R.S. 2. GENERAL STATEMENT OF PURPOSE The Berthoud Fire Protection District (BFPD) was organized pursuant to Section 32-1-101 et seq. , C.R.S. as a special district for the purpose of providing fire protection and related services to its residents and taxpayers and the public in general . By law, it is empowered to provide firefighting services, fire prevention services and inspections, ambulance services, emergency medical services, rescue services, and diving and grappling services. It is governed by a five-member board of directors elected by the qualified voters of the District as provided by statute. 3. SERVICES AND FACILITIES PROVIDED The BFPD provides the following services and facilities: 3. 1 Fire Protection Services 3. 1 . 1 Headquarters Station (Paid/Volunteer Crew) Two 1 .000 gallon per minute pumper One 750 gallon per minute reserve pumper One 1 ,800 gallon tanker with 400 GPM pump One 4X4 wildland fire fighting unit One equipment truck One command vehicle Three career fire officers working eight hour shifts Thirty volunteer firefighters 3.2 Fire Protection Services Full-time Fire Marshal for code enforcement, inspections, and plan review under the fire code. 1i Public informational programs to heighten nY awareness of fire safety are also conducted. 4 3.3 Ambulance Services The District currently does not directly provide ambulance services. Various independent ambulance service companies operate within the District 's boundaries. However , the District reserves the right to provide ambulance services in the future as set forth in Section 32-1- 1002( 1 ) (c ) C.R.S. , at the discretion of its Board of Directors. 3.4 Emergency. Medical Services The District provides basic life support and first response to medical emergencies. 2.5 Rescue Unit The District currently provides light rescue services, such as auto extrication, etc . The District has committed its volunteers in numerous search and rescue operations coordinated by local law enforcement agencies. However, the District reserves the right to provide rescue services by way of a Rescue Unit in the future, as set forth in Section 32-1-1002( 1 ) (c ) C.R.S. , at the discretion of its Board of Directors. 3.6 Diving and Graggling Services The District currently does not directly provide diving and grappling services. However , the District reserves the right to provide diving and grappling services in the future as set forth in Section 21-1-1002( 1 ) (c) C.R.S. , at the discretion of its Board of Directors. 4. AREA SERVED The BFFD serves an area lying mostly in the southeast portion of Larimer County to include the incorporated Town of Berthoud; and approximately 28 square miles in Weld County, east of Berthoud; and 10 square miles in Boulder County. The District boundary description is as follows: NORTH BOUNDARY: Colorado Hwy. 60 from I-25 west to Weld County Road 1 , south 1/2 mile then straight west, one mile west of Carter Lake. SOUTH BOUNDARY: Weld County Road 36 from I-25 west into Boulder County continuing west on Yellowstone Road, 7 1/2 miles west of U.S. Hwy. 267. EAST BOUNDARY: 1-25 to include both north and south bound lanes. WEST BOUNDARY: One mile west of Carter Lake. A current map of the District's boundaries is attached hereto as exhibit A and is incorporated herein by reference. Exclusions and inclusions may be effected as provided by law. 5. MUTUAL AID AGREEMENTS The BFPO has mutual aid agreements, providing for back— up and/or first response, with the following entities: City of Longmont City of Loveland Longmont Fire Protection District Johnstown Fire Protection District Loveland Fire Protection District 6. FUTURE SERVICES It is anticipated that development and growth will continue in and around the Town of Berthoud. Certain portions of the District are being transformed by zoning and/or special use permits from agricultural use to residential and commercial , especially along U.S. Hwy. 2S7 and Larimer County Roads 4 and 21 . It is foreseeable that the District will meet the demand for services by expanding its crews of paid and volunteer firefighters, constructing additional stations, acquiring additional equipment, and creating ambulance, rescue and diving units. • BERTHOUD FIRE PROTECTION DISTRICT Gerald Ward , re Chief Date Phil Pennock . Board President Date BERTHOUD FIRE PROTECTION DISTRICT EXHIBIT A • • ZSXS 1S0OS MO S. N 15004, 21x0w ' � I jY'1 I8 Irie.Q„, t I { • $ iis Co NI Zr • I . a IN ! Z, ill SOD6/LT6 a it - - a r i3 1 . k s 8 ` t s roar 2, 3 , 0 a S . a e �. ts 1 E 4 CO RO9 1 . , aUSS87 ' _ r: tilit i _ • 1 3` to se ( _ CV WS C" Ile L .� MI27 • i a k dgI It 1 . CO a I s $ C t O Ik t t z 1 rd I A4 y 1 I I-2S -ma - a nom *ow 79GX 2oca Z,Oca 220O0 2700.0 .240a t.. _. r ,` °, UNITED STATES ( I O NUCLEAR REGULATORY COMMISSION ' ' c WASHINGTON.0.c 20655 'so ''4 ef - May 26, 1489 �sff� Docket No. 5C-267 Mr, R. 0. Williams, Jr. Senior Vice President, Nuclear Operations Public Service Company of Colorado Post Office Sex 840 Cenver, Colorado 80701-0840 Dear Mr. Williams: SUBJECT: SAFETY EVALUATION ON LER 87-20 - INTERACTIONS OF FORT ST. VRAIN PLANT PROTECTIVE SYSTEM AND STEAMLINE RUPTURE DETECTION/ISOLATION SYSTEM WITH CONTROL SYSTEMS (TAC NO. 69264) Ve have reviewed your submittals dated November 22, 1988 and April 7, 1989 concerning interactions between the steamlir,e rupture detection/isolation system (SLRDIS), the plant protective system (PPS) and the control system at Fort St. Vrain. Your letters were in response to our recucsts for additional information dated September 20, 1986 and January 12, 1989. We have enclosed our safety evaluation on this subject. Our concerns about potentially undesirable interactions between SLRDIS, PPS and the control system for certain control valves are resolved. Sincerely, Kenneth L. Meitner, Project Manager Project Directorate - IV Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Pegulation Enclosure: As stated cc w/enclosure: See next page A • .(2\/\\16 i 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 cf Health of Colorado 4210 East 11th Avenue P. 0. Box 840 Denver, Colorado 80220 Denver, Colorado 80201-0840 Mr. David Alberstein, Manager Mr. Charles H. Fuller Fort St. Vrain Services Manager, Nuclear Production GA International Services Corporation and Station Manager Post Office Sox 85608 Public Service Company of Colorado San Diego, California 92138 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Mr. H. L. Brey, Manager Nuclear Licensing and Resource Mr. P. F. Tomlinson, Manager Management Division Quality Assurance Division Public Service Company of Colorado Public Service Company of Colorado P. 0. Box 840 16805 Weld County Road 19-1/2 Denver, Colorado 80201-0840 Platteville, Colorado 80651 Senior Resident Inspector Mr. D. D. Hock U.S. Nuclear Regulatory Commission President and Chief Executive Officer P. O. Box 640 Public Service Company of Colorado Platteville, Colorado 80651 Post Office Box 840 Denver, Colorado 80201-0840 Kelley, Standfield & O'Donnell ATTN: Mr. J. K. Tarpey Commitment Control Program Public Service Company Building Coordinator Room 900 Public Service Company of Colorado 550 15th Street 2420 W. 26th Ave. Suite 100-D Denver, Colorado 80202 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 80631 Regional Representative Radiation Programs Environmental Protection Agency 1 Denver Place • 999 18th Street, Suite 1300 Denver, Colorado 80202-2413 "[O J``4 p, Uf1 9,, UNITED STATES A ' v o NUCLEAR REGULATORY COMMISSION \ i WASHINGTON,D.C.20555 O�i .ry+ 'M..+ .r 7 FINAL SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TC LER 27-20 INTERACTIONS OF FORT ST. VRAIN PFS/SLRDIS WITH CONTROL SYSTEMS FORT ST. VRAIN NUCLEAR GENERATING STATION PUBLIC SERVICE COMPANY OF COLORADO CGCKET N0. 50-267 1.0 INTPODUCTICV ANC BACKGROUND The Fort St. Vrain (FSV) Plant was originally designed with a Plant Protec- tive System (PPS) providing various levels of protection to the reactor and specific equipment iters against abnormal operating ccrditions. One feature of the plant protective system was the loop shutdown, which automatically isolated one of the two secondary coolant loops under certain conditions. The PPS automat- ically closed a number of valves it a loop as part of the loop shutdown. In 1986, the licensee added a second autcratic protection syster, the Steam Line Rupture Detection/Isolation System (SLRCIS). The SLRDIS is designed to protect qualified equipment in the plant from the harsh environment that could be created by an unmitigated high energy lire break. SLRDIS senses am- bient temperatures in the Reactor and Turbine Building and then isolates high energy Tines in both loops by closing a number cf valves. SLRCIS utilizes certain existing PPS circuitry for this purpose, as well as new circuitry added as part of the SLRDIS modifications. The staff had previously reviewed and approved the SLRDIS in a safety evaluation (SE) dated Febrt.ary 26, 19E7. Approval of SLRDIS was also discussed in a SE dated April 3, 1987 on the • licensee's equipment qualification program. However, in a licensee event report (LER) dated October 1, 1987 (LER 87-020) the licensee stated: 'First-in-with-lockout logic is provided into the PPS to prevent automatic shutdown of both loops. This lockout feature is overridden in the event of a high energy line break by SLRDIS, which automatically closes the feedwater block and control valves of both loops simultaneously. There are also interlocks provided in the control circuits of the feedwater block valves and feedwater flew control valves which prevent closing both loop feedwater control valves at the same time." In the requests for additional information dated September 20, 1988 and ,'aruary 12, I989, the staff indicated their concern about the potential interactions cf the PPS and control system, both of which provide outputs to the feedwater block and flow control valves. • - 2 - In particular, the staff was concerned that the control circuits could override PPS or SLRCIS actions and prevent accomplishment of the required protective functions, and requested a review of these potential interactions against Criterion 19, 20, 21, and 22 of the FSV Final Safety Analysis Report (FSAR). By letters dated November 22, 19££ and April 7, 1989, the licensee responded to these concerns. The following evaluation covers this response. 2.0 EVALUATION The licensee was requested to review the interaction between the SLRDIS and PPS systems and the control system, that could prevent the accomplishment of the required protective functions. The licensee's evaluation and this evaluation are dare against Criterion 19, 20, 21 and 22 of the FSV FSAR. 2.1 Criterion 19 The licensee has stated that the SLRDIS system is built to be r,ighly reliable and testable. The staff is in general agreement with these ccnclusicns. However, the staff had noted in Section V.2.(c) of the licensee's report of Noverber 22, 1988, that the SLRDIS relay contacts provide a zero input to the valve position card to close the control valve. However, the provisions to assure that other inputs to the control card cr failure of the control card power supplies, or the control card itself were not addressed. This problem could potentially exist for the following groups of valves: - Circulator speed controls, - Feedwater flow controls, and - Reheat steam bypass pressure ratio control. The most significant concern was the possibility of multiple failures resulting from failures of a common power supply. By letter dated April 7, 1989, the licensee submitted a more detailed analysis of the failure modes for these valves. Operation of these valves is based on a combination of electrical, hydraulic and instrument (compressed) air power sources. Both the hydraulic and instrument air systems are designed (and operated) to be single failure proof. Therefore, failures of these power sources did not pose a problem for the SLRDIS system. Power sources for the valves control cards and the electrical control solenoids are diverse, with supplies from both instrument bases. Failure of an individual power supply component (i.e. , fuse), or an essential bus can prevent an individual SLRDIS valves from closing. However, by the analysis presented in the licensee's April 7, 1989 submittal, the licensee had demonstrated that another valve(s) in the system will close and provide the needed isolation function. In view of the above, the staff concludes that the desired SLRDIS function will be performed with reasonable assurance. Thus, the staff concludes the SLRDIS system meets criterion 19 of the FSV FSAR. - 3 - 2.2 Criterion 20 The licensee has stated that the SLRDIS system is sufficiently redundant and independent such that no single failure will prevent an overall system failure or lead to multiple SLRDIS valves failing to close. As noted in the discussion for Criterion 19, the SLRDIS input to the valve position cards for certain valves have been analyzed for common failure modes. Consideration has also been given to failure modes of the various power supplies. Based on the licensee's analysis, the staff concludes the SLRDIS system meets Criterion 20. 2.3 Criterion 21 The licensee has stated that the objective of the SLRDIS system is met for the case of a single valve or component failure since the valves actuated by SLRDIS are actuated by both SLRDIS loops and are in series with another valve actuated by the other SLRDIS loop. The staff agrees in general that the SLPCIS design is redundant in that multiple valves are closed in each loop, and that this limits the total volume (mass) of high energy fluid that can escape through any single line break. Where valves fail to close due to failure of a power supply, redundant adjacent valves has been identified to perform the required function. Thus, there is no potential for multiple valve failures and the design objective is met. Therefore, the staff concludes Criterion 21 is satisfied. 2.4 Criterion 22 The licensee has stated that by the use of isolated contacts, no failure cf the control circuit can propagate back into the PPS or SLRDIS systems. The staff agrees with this conclusion. The staff has also examined the use of the isolated contacts to control the position of the open or shut type control circuits as indicated in the licensee's discussion of NV-2201 , the Loop Feedwater Block Valve. In this circuit, the isolated SLRDIS contacts provide an overriding signal for the closure of the subject valve. Therefore, the staff concludes that Criterion 22 is satisfied. 2.5 Other Considerations The staff notes that System Description-93-2, entitled "Overall Plant Control and Plant Protective System" states that on the trip of both circulators in a loop results in closure of the reheater inlet attemporator line block and flow control valves. It is the staff's understanding that the attemporator inlet lines are small, and therefore the closure of these valves by SLRDIS is not required to mitigate the effects of a line break. The licensee confirmed the role of these valves in the operation cf the SLRDIS system in the April 7, 1989 submittal. 3.0 CONCLUSION The staff concludes that the SLRDIS design provides adequate isolation between the PPS and control system functions. The staff has reasonable assurance failures of the control system will not affect PPS operation. Furthermore, the SLRDIS - 4 - system will properly actuate the desired valves to close and reduce the effects of a high-energy line break. In cases where a power supply failure does not allow a SLRDIS valve to close, a redundant valve in close proximity is closed and the necessary isolation provided. Dated: May 26 , 19S9 Principal Contributor: Kenneth L. Meitner, PD-IV • s01 REO4,' I °p UNITED STATES . s-. g NUCLEAR REGULATORY COMMISSION WASHINGTON,0,C.20555 t - o`'ti, ,.e May 31 , 1989 , Docket No. 50-267 Mr. R. 0. Williams, Jr. Senior Vice President, Nuclear Operations Public Service Company of Colorado Post Office Box 840 Denver, Colorado 80201-0840 Dear Mr. Williams: SUBJECT: NRC DIRECTOR ASSIGNMENT FOR PROJECT DIRECTORATE - IV This letter is to announce the NRC Office of Nuclear Reactor Regulation , assignment which is now in effect for Project Directorate - IV, Division of Reactor Projects - III, IV, V and Special Projects. Mr. Frederick J. Hebdon is now the Director for Project Directorate - IV. His address and telephone number are as follows: U. S. Nuclear Regulatory Commission Mail Stop: OWFN 13-D-18 Washington, D.C. 20555 Phone: 302-492-1340 Sincerely, t_Q L Lester S. Rubenstein, Assistant Director for Reactor IV Reactors and Special Projects Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation cc: See next page 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. O. Box 840 Denver, Colorado 80220 Denver, Colorado 80201-0840 Mr. David Alberstein, Manager Mr. Charles H. Fuller Fort St. Vrain Services Manager, Nuclear Production GA International Services Corporation and Station Manager 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, Manager Nuclear Licensing and Resource Mr. P. F. Tomlinson, Manager Management Division Quality Assurance Division Public Service Company of Colorado Public Service Company of Colorado P. 0. Box 840 16805 Weld County Road 19-1/2 Denver, Colorado 80201-0840 Platteville, Colorado 80651 Senior Resident Inspector Mr. D. D.. Hock U.S. Nuclear Regulatory Commission President and Chief Executive Officer P. O. Box 640 Public Service Company of Colorado Platteville, Colorado 80651 Post Office Box 840 Denver, Colorado 80201-0840 Kelley, Standfield & O'Donnell ATTN: Mr. J. K. Tarpey Commitment Control Program Public Service Company Building Coordinator Room 900 Public Service Company of Colorado 550 15th Street 2420 W. 26th Ave. Suite 100-D Denver, Colorado 80202 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 80631 Regional Representative Radiation Programs Environmental Protection Agency 1 Denver Place 999 18th Street, Suite 1300 Denver, Colorado 80202-2413 HEARING CERTIFICATION DOCKET NO. 88-59 RE: HEARING TO SHOW CAUSE FOR REVOCATION OF USE BY SPECIAL REVIEW #738 FOR WOOD CUTTING AND PROCESSING OPERATION - TATUM A public hearing was conducted on June 5, 1989, at 9:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy - Excused Also present: Acting Clerk to the Board, Tommie Antuna Weld County Attorney, Thomas 0. David Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that a public hearing was conducted June 5, 1989, to consider the revocation of Use by Special Review #738, wood cutting and processing operation, granted to Jack Tatum on the 20th day of August, 1986. Tom David, Weld County Attorney, made this matter of record, stating that it was duly published in the Platteville Herald on September 28, 1988. Mr. David said this matter was considered on November 7, 1988, and at that time, it was continued to today's date. Keith Schuett, representing the Department of Planning Services, said a field check was conducted May 25, 1989, and it was determined that Mr. Tatum is not yet in compliance with Development Standards #3, which concerns implementing and maintaining a row of trees on the north boundary of the storage and work area; and 1111 , which states that the Use by Special Review area shall be limited to the plans shown on the Standards and all applicable Weld County Regulations. Mr. Schuett said the property is being used for the storage of vehicles and other miscellaneous items not associated with the wood cutting business. Jack Tatum, the permit holder, was neither present nor represented. Mr. Tatum submitted a letter stating that he is not presently doing commercial wood cutting on this property, but when he resumes the business he intends to work with Weld County concerning the rules and regulations. The Board determined that if this permit is revoked at this hearing, and Mr. Tatum would in the future decide to have a wood cutting business on this property, he would have to apply for a new Use by Special Review Permit. Commissioner Johnson moved to revoke Use by Special Review #738 which was granted to Jack Tatum, and included in her motion that it is to be made clear to Mr. Tatum that if he resumes the wood cutting business he must obtain a new permit. Commissioner Kennedy seconded the motion, and it carried unanimously. /ice : 890472 Page 2 RE: CERTIFICATION OF SHOW CAUSE HEARING — TATUM This Certification was approved on the 7th day of June, 1989. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: �� WELD COUNTY, C/OLORADO Weld County C erk and Recorder _ G-=y j ,4/ and Clerk to the Board 1 C.W. Kirby, Chair/an By' 4rn:„.yr n .;1myctr/ ♦ • .� De uty County Clerk ac.ue ne Jo on, Pro-Tem EXCUSED DATE OF APPROVAL Gene R. Brantner Jy George Ken O Kennedy EXCUSED DATE OF HEARING Gordon E. Lacy TAPE #89-23 DOCKET #88-59 PL0058 890472 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 7, 1989 TAPE #89-23 Sr 1189-24 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, June 7, 1989, 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 C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene R. Brantner - Excused Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Weld County Attorney, Thomas O. David Acting Clerk to the Board, Tommie Antuna MINUTES: Commissioner Kennedy moved to approve the minutes of the Board of County Commissioners meeting of June 5, 1989, as printed. Commissioner Johnson seconded the motion, and it carried with Commissioner Lacy abstaining because he was excused from said meeting. CERTIFICATIONS OF HEARINGS: Commissioner Johnson moved to approve the Certification for the hearing conducted on June 5, 1989: 1) Show Cause Hearing, Tatum. Commissioner Kennedy seconded the motion, and it carried with Commissioner Lacy abstaining because he was excused from said hearing. ADDITIONS: Chairman Kirby deleted Items 1`5 and 116 from today's agenda. CONSENT AGENDA: Commissioner Lacy moved to approve the consent agenda as printed. Commissioner Kennedy seconded the motion, and it carried unanimously. DEPARTMENT HEADS AND ELECTED OFFICIALS: Walt Speckman, Director of the Human Resources Department, reported on the Case Management Program, which started recently in his department. Mr. Speckman also commented on the Summer Youth and Migrant Head Start Programs. Mr. Speckman thanked the Board and County personnel for the support given during the move to the new building. .i . ,./ Dick Keirnes, Assessor, said that 2,092 appeals have been heard to date. with 48% receiving adjustments. He said it is expected that approximately 4,000 will appeal in his office this year. Mr. Keirnes read his written report into the record. This report mentioned the results of the Strategic Planning Committee Study which was done in his office. WARRANTS: Claud Hanes presented the following warrants for approval by the Board: General fund $133,001.49 Handwritten warrants: General fund 4,064.08 Payroll 5,304.94 Commissioner Johnson moved to approve the warrants as presented by Mr. Hanes. Commissioner Kennedy seconded the motion which carried unanimously. BIDS: PRESENT SHOT ROCK - ROAD & BRIDGE DEPARTMENT: Pat Persichino, Purchasing Director, presented this item which is to be considered for approval on June 21. APPROVE CHIP AND SEAL - ROAD & BRIDGE DEPARTMENT: Mr. Persichino said the recommendation from the Engineering Department is to accept the low bid submitted by Best-Way Paving Company, in the amount of $393,874.91, using Alternate No. 1. Commissioner Lacy moved to accept the recommendation in total. Commissioner Kennedy seconded the motion which carried unanimously. BUSINESS: NEW: CONSIDER PETITION FOR TAX ABATEMENT FROM J-BAR-B, INC: Dick Keirnes, County Assessor, and Cristi Foose, of the Assessor's Office, presented this matter to the Board. Ms. Foose explained that there was an error in the figures submitted to the Assessor's Office; therefore, J-Bar-B, Inc. , is requesting an abatement of $6,773.54. Mr. Keirnes recommended approval of this abatement, pursuant to Senate Bill 184. Duane Messner, representing J-Bar-B, Inc., came forward to answer questions of the Board. Commissioner Lacy moved to approve the Petition for Tax Abatement for J-Bar-B, Inc. Commissioner Kennedy seconded the motion, and it carried unanimously. CONSIDER AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE WITH MARTIN PRODUCE COMPANY AND AUTHORIZE CHAIRMAN TO SIGN: Bruce Barker, Assistant County Attorney, said this Agreement concerns the purchase, from Martin Produce Company, of property located near Peckham. Mr. Barker said this purchase is for the purpose of building a grader shed at this site. He said this Agreement is contingent upon Martin Produce Company applying for, and obtaining, a Recorded Exemption for this property. Commissioner Lacy moved to approve said Agreement and authorize the Chairman to sign. The motion, which was seconded by Commissioner Kennedy, carried unanimously. Minutes - June 7, 1989 Page 2 IL CONSIDER AMENDED PIPELINE RIGHT-OF-WAY GRANT AND VACATION OF PRIOR EASEMENT WITH ASSOCIATED NATURAL GAS, INC. , AND AUTHORIZE CHAIRMAN TO SIGN: Tom David, County Attorney, said this concerns the property where the Human Resources building is located. Mr. David said the right-of-way was relocated, and he recommended approval so the right-of-way easement will follow the road. Commissioner Johnson moved to approve the Amended Pipeline Right-of-Way Grant and Vacation of Prior Easement and authorize the Chairman to sign. Seconded by Commissioner Lacy, the motion carried unanimously. CONSIDER REQUEST FROM CYNTHIA GULBRANDSON FOR TRAFFIC CONTROL DEVICES ON CAROLINE AVENUE: Commissioner Lacy moved to refer this request to the Road S Bridge Department for its recommendation. Commissioner Kennedy seconded the motion which carried unanimously. CONSIDER RESOLUTION RE: CONTRACT BETWEEN WELD COUNTY AND DEPARTMENT OF LOCAL AFFAIRS CONCERNING RENTAL REHABILITATION AND AUTHORIZE CHAIRMAN TO SIGN: This item was deleted from today's agenda. CONSIDER RESOLUTIONS RE: INTERGOVERNMENTAL AGREEMENTS WITH TOWNS OF EATON, AULT, AND GARDEN CITY AND AUTHORIZE CHAIRMAN TO SIGN: This item was deleted from today's agenda. CONSIDER HOMELESS DEMONSTRATION PROJECT AND AUTHORIZE CHAIRMAN TO SIGN: Walt Speckman, Director of Human Resources, said this application is for a competitive grant. If approved, this grant would be used to serve 200 homeless participants through a case management process with the Weld Information and Referral Services and through a variety of various activities. Mr. Speckman said there would be no cost to the County. (Tape Change *89-24) Following discussion, Commissioner Johnson moved to approve the application for the Homeless Demonstration Project and authorize the Chairman to sign. The motion was seconded by Commissioner Kennedy, and it carried unanimously. PLANNING: PROBABLE CAUSE HEARING - RALPH NIX PRODUCE, INC. (CONT. FROM 5/10/89) : Brian Bingle, representing the Department of Planning Services, said an Amended Special Review application has been approved by the Board; therefore, it is recommended that this case be closed. Commissioner Kennedy moved that no further action is necessary concerning this Probable Cause Hearing for Ralph Nix Produce, Inc. Commissioner Lacy seconded the motion, and it carried unanimously. CONSIDER RESOLUTION RE: BUILDING CODE AND ZONING VIOLATIONS - DREILING; MONAGHAN; LYCO ENERGY CORPORATION; ASSOCIATED NATURAL GAS, INC. ; ELWOOD OIL; AND ENLOW: Commissioner Lacy moved to approve this Resolution authorizing the County Attorney Co proceed with legal action against Michael R. and Doris Dreiling; Michael T. Dreiling; Courtney D. Monaghan; Lyco Energy Corporation; Associated Natural Gas, Inc. ; Elwood Oil; and Robert W. Enlow for Building Code and Zoning violations. Seconded by Commissioner Kennedy, the motion carried unanimously. Minutes - June 7, 1989 Page 3 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 9:30 A.M. _ APPROVED: ATTEST: f� BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder :f/ 72 and Clerk to the Boa C.W. Kirby, Chaipthan By cvi AL.) ` . \ �. •.�� ., Deputy County C rk . ac •ueli John.o , Pro-Tem EXCUSED Gene R. Brantner George K n o K��Gor o cy Minutes — June 7, 1989 Page 4 RECORD OF PROCEEDINGS AGENDA Monday, Jure 12, 1989 Tape #89-24 ROLL CALL: C.W. Kirby, Chairman Jacqueline Johnson, Pro-Tem Gene R. Brantner George Kennedy Gordon E. Lacy MINUTES: Approval of minutes of June 7, 1989 (Commissioner Brantner excused) ADDITIONS TO AGENDA: New Business #17 — Resolution re: Declare certain vehi.cle as surplus APPROVAL OF CONSENT AGENDA: COMMISSIONER COORDINATOR 1) Communication Services - Brantner REPORTS: 2) Engineering Services - Lacy 3) Health Services - Kennedy 4) Planning Services - Johnson 5) Purchasing d Personnel - Kirby COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BUSINESS: NEW: 1) Consider renewal request for 3.2Z Beer License from John E. Martinez, dba Gill Recreation Center 2) Consider renewal request for Tavern Liquor License from Raffertys, Inc. 3) Consider Tuberculosis Control Contract with State Department of Health and authorize Chairman to sign 4) Consider Handicapped Children's Program Contract with State Department of Health and authorize Chairman to sign 5) Consider Family Planning Program Contract with State Department of Health and authorize Chairman to sign 6) Consider Contract Amendment between Weld County Division of Human Resources and Colorado Department of Local Affairs and authorize Chairman to sign 71 Consider Amendment to Purchase of Services Agreement with Dr. Bill BEssore and authorize Chairman to sign 8) Consider installation of traffic control devices on WCR 15 at WCR 20 9) Consider change of speed limit on WCR 5 between State Highway 52 and WCR 6 10) Consider Veterans Service Monthly Report for May, 1989, and authorize Chairman to sign 11) Consider Resolution re: Juvenile Diversion Contract and authorize Chairman to sign 12) Consider Resolution re: Contract between Weld County and Department of Local Affairs concerning Rental Rehabilitation and authorize Chairman to sign 13) Consider Resolutions re: Intergovernmental Agreements with Towns of Eaton, Ault, and Garden City and authorize Chairman to sign 14) Consider Resolution re: Cancellation of uncollectible Ambulance accounts 15) Consider Resolutions re: Temporary closure of WCR 63 between U.S. Highway 34 and WCR 52; WCR 23 between WCR 76 and 78; WCR 23 at WCR 46 and WCR 44 at WCR 21; and WCR 19 between State Highway 14 and WCR 84 16) Second Reading of Ordinance Number 89-Q, Amendments to Weld County Zoning Ordinance PLANNING: 1) Consider Resolution re: Building Code Violations — Yaklich and Company; Hanscome; Muirhead; and Church of Jesus Christ of Latter Day Saints CONSENT AGENDA APPOINTMENTS: Jun 12 - Weld Mental Health Board 7:30 PM Jun 13 - Juvenile Community Correction Board 12:00 NOON Jun 14 - BOARD MEETING CANCELLED Jun 14 - EDAP 7:00 AM Jun 15 - Placement Alternatives Commission 12:00 NOON Jun 19 - Work Session 10:00 AM Jun 20 - Planning Commission 1:30 PM Jun 20 - Retirement Board 2:15 PM Jun 20 - Airport Authority Board 3:00 PM Jun 21 - Work Session 11:00 AM Jun 22 - Human Resources Council 8:30 AM Jun 22 - Road Tour 9:00 AM Jun 23 - Extension Board 11:00 AM HEARINGS: Jun 12 - Amendments to cable television franchise, Chartwell Cable of Colorado 9:00 AM Jun 21 - Special Review Permit, Pome business (beauty salon), Myrtle Cubbison 10:00 AM Jun 21 - Special Review Permit, Heliport in the A (Agricultural) Zone District, Brett Wayne Branch 10:00 AM Jun 21 - Show Cause Hearing, Mike Cervi, dba Roggen Disposal, Inc. 10:00 AM Jun 28 - Show Cause Hearing, Howard Duckworth, dba Weld County Disposal 10:00 AM Jun 28 - Show Cause Hearing, High Country Turf. et al. 10:00 AM Jul 12 - Creation of Casa Grande/Enchanted Hills Local Improvement District 10:00 AM Jul 12 - Amendments to Weld County Zoning Ordinance 10:00 AM COMMUNICATIONS: 1) James M. Graziano, Esq., re: Mountain View Motor Sport Park 2) Legal documents re: Halliburton Services vs. Weld County Sheriff, et al. 3) Board of Assessment Appeals re: Crawford vs. BOE 4) Planning Commission minutes of June 6, 1989 5) State Dept. of Highways Newsletter 489-22 and May Research Newsletter 6) County Council minutes of May 3, I989 7) Barrett Energy Company re: Release of Oil and Gas Lease, Arnold #1 Well RESOLUTIONS: * 1) Approve Agreement for Sale and Purchase of Real Estate with Martin Produce Company * 2) Approve Amended Pipeline Right-of-Way Grant and Vacation of Prior Easement with Associated Natural Gas, Inc. * 3) Approve action of Board concerning Probable Cause Hearing - Ralph Nix Produce. Inc. * 4) Approve authorization for County Attorney to proceed with legal action - Building Code Violations * 5) Approve action of Board concerning request for traffic control devices on Caroline Avenue * 6) Approve temporary closure of WCR 63 between U.S. Highway 34 and WCR 52 * 7) Approve temporary closure of WCR 23 between WCR 76 and 78 * 8) Approve temporary closure of WCR 23 at WCR 46 and WCR 44 at WCR 21 * 9) Approve temporary closure of WCR 19 between State Highway 14 and WCR 84 * 10) Approve cancellation of uncollectible Ambulance accounts * 11) Approve Contract with State Department of Local Affairs concerning Rental Rehabilitation * 12) Approve Intergovernmental Agreement with Town of Eaton * 13) Approve Intergovernmental Agreement with Town of Ault * 14) Approve Intergovernmental Agreement with Town of Garden City * 15) Approve Juvenile Diversion Program Contract * 16) Approve declaring certain vehicle as surplus property VETERANS REPORT: * 1) Veterans Service Report for May ORDINANCE: 1) Second Reading of Ordinance Number 89-Q, Amendments to Weld County Zoning Ordinance * Signed at this meeting Monday. June 12, 1989 RESOLUTION RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE WITH MARTIN PRODUCE COMPANY 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 desires to build a grader shed in the Peckham area, and Martin Produce Company has agreed to sell the County a parcel which is located in the NW} of Section 23, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Lot A on the Recorded Exemption plat map which is attached to said Agreement as Exhibit "A" , including any and all improvements located thereon. WHEREAS, an Agreement for the purchase of the above-described real estate has been presented to the Board, a copy of which is attached hereto and incorporated herein, and WHEREAS, after study and review, the Board deems it advisable to approve the Agreement for the purchase of said parcel from Martin Produce Company, with the terms and conditions being as stated in said Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement For the Sale and Purchase of Real Estate with Martin Produce Company concerning the hereinabove described parcel be, and hereby is, approved . BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Agreement and other necessary documents. �> ; R90485 I Page 2 PE: PURCHASE OF REAL ESTATE - MARTIN PRODUCE COMPANY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of June, A.D. , 1989. ‘711121"4.••`` ,,��--R . 1 BOARD OF COUNTY COMMISSIONERS ATTEST: l WELD COUN"Y, COLORADO Weld County Clerk and Recorder �X and Clerk to the Board C.W. Kirby, C)yirman 1% - 17-,c_ ,,, _Gam_ ,ague e Lo 'von, Pro-Tem Deputy County erk EXCUSED APPROVED AS O FORM: Gene P. Brantner 017 George rune O County Attorney Gor . L ci 890485 AR2187b24 AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE INCLUDING LAND AND ANY AND ALL IMPROVEMENTS THIS AGREEMENT, made at Greeley, Colorado, this 7th day of June , 19 89 , between WELD COUNTY, COLORADO, a Body Corporate and Politic of the State of Colorado, by and through the Board of County Commissioners of Weld County, hereinafter "Purchaser, " and MARTIN PRODUCE COMPANY, 617 Sixth � O Street, Greeley, Colorado 80631 , hereinafter "Seller. " O U WITNESSETH: O U That in consideration of the payment by the Purchaser to a Seller of the sum of SIX THOUSAND AND NO HUNDREDTHS DOLLARS o ($6,000 .00) and other good and valuable consideration, Seller • agrees to sell to the Purchaser and Purchaser agrees to purchase o from Seller the following described real property: Lot "A" on the z Recorded Exemption plat map which is attached hereto as Exhibit o "A" and which is hereinafter referred to as "Parcel, " including :i any and all improvements located thereon. coat - 0 The agreement of sale and purchase of said Parcel (s) is ox subject to the following conditions: a a 1 . Seller shall furnish to Purchaser a warranty Deed for cou said Parcel (s) . Title insurance will be provided by Purchaser. co 2 . Title for said Parcel (s) shall be merchantable in o el m Seller, except as stated in this paragraph and in paragraph 5. t Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall • wp execute and deliver a good and sufficient special warranty deed • z for said Parcel (s) to Purchaser on a date certain set by .-qz Purchaser, conveying said property free and clear of all taxes, o except general taxes for 1989, payable January 1 , 1990, and free u a and clear of all liens for special improvements installed as of we• ; the date of Purchaser's signature hereon, whether assessed or not; free and clear of all liens and encumbrances, and except the r4 recorded and/or apparent easements; subject to all applicable ee cn building and zoning regulations; but reserving to the Seller all minerals thereunder. mw 3 . General taxes for the year 1989 shall be apportioned to date of delivery of deed based on the most recent levy and the most recent assessment. 4 . The date of closing shall be the date of delivery of deed as provided in paragraph 2. The hour and place of closing Page 1 of 4 Pages 890485 shall be designated by Purchaser. Purchaser shall pay the sum of SIX THOUSAND AND NO HUNDREDTHS DOLLARS (56,000 .00) to Seller at the time of the delivery of the warranty deed. 5 . Except as stated in paragraphs 2 and 6 and this in o paragraph, if title for said Parcel (s) is not merchantable and written notice of defect (s) is given by Purchaser or Purchaser' s o agent to Seller or Seller' s agent on or before the date of N closing, Seller shall use reasonable efforts to correct said defect (s) prior to the date of closing. If Seller is unable to w correct said defect (s) on or before the date of closing, at o o ;c Seller' s option and upon written notice to Purchaser or x Purchaser's agent on or before the date of closing, the date of to-r-4 closing shall be extended thirty (30) days for the purpose of a correcting said defect (s) . Except as stated in paragraph 6, if o title for said Parcel (s) is not rendered merchantable as provided in this paragraph 5 , at Purchaser' s option, this contract shall be co x void and of no effect and each party hereto shall be released from cm all obligations hereunder and all payments and things of value e a received hereunder shall be returned to Purchaser provided, however, that in lieu of correcting such defect (s) , Seller may, m Ci within said thirty (30) days, obtain a commitment for a title insurance policy in the amount of the purchase price and the o M Purchaser shall have the option of accepting the then existing co H insured title in lieu of such merchantable title. The Seller O a shall pay the full premium for such title insurance policy. N 6 . Any encumbrance required to be paid may be paid at the k time of settlement from the proceeds of this transaction or from CO z any other source; provided, however, at the option of either 0-4 <y party, if the total indebtedness secured by the liens on the property exceeds the purchase price, this contract shall be void a and of no effect, and each party hereto shall be released from all a z obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. N n N c 7. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due w hereunder is not paid, honored, or tendered when due, or if any other obligation hereunder is not performed as herein provided, there shall be the following remedies : (a) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case all payments and things' of value received hereunder shall be returned to Purchaser and Purchaser may recover such damage as may be proper, or (2) Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the Page 2 of 4 Pages 890485 right to an action for specific performance or damages, or both. (b) IF PURCHASER IS I1 DEFAULT, (1) Seller may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be forfeited and o retained on behalf of Seller and Seller may recover such kr,00 o damages as may be proper, or (2) Seller may elect to treat this contract as being in full force and effect and Seller 0 m shall have the right to an action for specific performance or damages, or both. i1 �7 o fa (c) Anything to the contrary herein notwithstanding, in the • event of any litigation arising out of this contract, the 0 C4 44- court may award to the prevailing party all reasonable costs a and expenses, including attorney's fees. O S. Possession of said Parcel (s) shall be delivered to c a Purchaser upon closing and shall not be subject to any leases or rn w tenancies. ox 9. Seller represents and warrants as of the day hereof and C1a as of the date of the closing that neither the execution of this co v contract nor the consummation of the transaction provided for o z herein constitutes , or will result in, any breach of any of the CO H terms, conditions, or provisions, or constitute a default under 0 C any indenture, charter, bylaw, mortgage, loan agreement, lien, lease, license, judgment, decree, order, instrument or other c* 5 verbal or written agreement to which Seller is a party of or is ,pw subject to, or to which the property is subject to, except as z provided herein. z 0 4 10. In the event the property is substantially damaged by z.) a fire , flood , or other casualty between the date of this contract a and the date of delivery of the Deed, Purchaser may elect to terminate this contract; in which case, all payments and things of o m value received hereunder shall be returned to Purchaser. N tl1 11 . All of the conditions stated herein shall be in full co m force and effect, not withstanding the conveyance of said Parcel (s) by warranty deed as outlined in paragraph 2 above, and shall not merge with said special warranty deed. 12 . Purchaser agrees to pay for any necessary survey. 13 . Seller agrees to apply to the Weld County Department of Planning Services for a Recorded Exemption for Parcel prior to the date of closing. Purchaser shall pay for all fees and prepare any necessary application for said Recorded Exemption. Page 3 of 4 Pages 890485 IN WITNESS HEREOF, the parties hereto have subscribed their names t s 7th day of June , 19 89 ATTEST: 1-6uil tok WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY Weld CountYY erk"and Recorder COMMISSIONERS OF WELD COUNTY, and tlerksto ..the $ga-rd COLORADO, Purchaser Le) 1 ,. ', . . . ` . / By- •-o Pepu y( Cppn L<* erk Chairman for rchaser U (The following section to be completed by Seller) ❑ a 0 3 Signed this day of , 19__ ox so.ra c Seller: c4 O �7. MARTIN PRODUCE COMPANY CO CC '3. v o\ o X By:_,73_411- m.t „I'M. 4-- x Duane D. Zabk.7j C� co rna 0° a Title: President co z O r co w7 1 a o a SCRIBED AND SWO to before me this day of cD W W WITNESS my hand and official seal. co iMo p Q t6� v a 1•U Z. ki�7°. /„.. : otary Pub c 9/s /DEA Di. x --Mg 1*j ,� . a BDbat : C�mission expires: � �-f Q .? .q. r, N to H O • 14 ;4 Page 4 of 4 Pages 890485 • - :. EXHIBIT "A" . • Lot "A" of Recorded Exemption No. 1057-23-2-RE 1177 recorded July 18, 1989, in Book 1238 as Reception No. 2185517, being a part of the following described property: Lot "A" of Recorded Exemption No. 1057-23-2-RE 600 recorded June 9, 1983, in Book 999 as Reception No. 1929764, being more particularly described as follows: a A parcel of land located in the Northwest Quarter of Section 23, Ln o Township 4 North, Range 66 West of the 6th P.M. , Weld County, u Colorado, being more particularly described as follows: o BEGINNING at the Northeast Corner of said Northwest Quarter and w o considering the North Line as bearing South 90°00 '00" West with c! all other bearings contained herein relative thereto; o z thence South 90°00 ' 00" West, along said North line 204 feet to the c TRUE POINT OF BEGINNING; o thence South 00°00 ' 21" East, 149.53 feet; e4 thence South 80°52 '45" West, 487.29 feet; oc4 thence South 84°17' 47" West, 284 .34 feet; v o thence South 87°15' 49" West, 288.51 feet; o X thence South 70°45 '51" West, 492 .34 feet to a point on the East x right-of-way line of the Union Pacific Railroad; c, a thence North 41°08 ' 20" West, along said right-of-way, 572.30 feet Zu to a point on the said North line; o z thence North 90°00 '00" East, 1140.59 feet, along said North line O N to the TRUE POINT OF BEGINNING. o f ow vD N � G. n � z - z N Q 0 N U a W a oa, N - o N C7 G. 890485 AR218679S RECORDER'S STAMP THIS DEED,Made this 24TH day of JULY NO 19 89 ,between Martin Produce Company, a Colorado 4O� corporation •-'O I of the County of Weld and State of Colo- rado,of the first part, and the County of Weld, a body i politic and corporate of the State of Colorado, q whose legal address is 915 Tenth Street, Greeley, of the County of Weld and State of Colorado,of the second _ J part; WITNESSETH,That the said party of the first part,for and in consideration of the sum or-cc of Six Thousand and no/hundredths ^ Dollars, mac to the said part y of the first part,in hand paid by the said party of the second part,the v receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and con- en'=e veyed, and by these presents do es grant, bargain, sell, convey and confirm unto the said co c...) part y of the second part, its heirs and assigns forever, all the following described MH lot or parcel of land,situate,lying and being in the County of Weld �r92 and State of Colorado,to wit: See the attached Exhibit "A." NE-. 00 rz 1n a Ca CO Nw CO Z N O O C ta CA.-S mt0 NIA a4XH11O0OCRIESWA1L CS08d*PL4S13PX Paw ! Together with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof;and all the estate, right,title,interest,claim and demand whatsoever, of the said part of the first part,either in law or equity,of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described.with the appurtenances,unto the said party of the second part, its heirs and assigns forever. And the said party of the first part,for itself , its heirs,executors and administrators,does covenant,grant,bargain and agree to and with the said party of the second part, its heirs and assigns, the above bargained premises in the quiet and peaceable possession of said party of the second part, its heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the said party of the first part to WARRANT AND FOREVER DEFEND, IN WITNESS WHEREOF,The said part y of the first part has hereunto set its ha73.6'1 and seal the day and year first above written, Si ned, S led and Deli ered i the presence of MARTIN PRODUCE COMPANY [SEAL] � l/Lpf+• Y1 _ISEAL) r -vV C Duane D. Zabka; President v.'' • ?, [SEAL] ATE OF COLORADO, A IA /' }ss. County of t, %...11ligfoestoing instrument was acknowledged before me this 44 th day of C.At1it ittorl7 NtSe dpne D. Zabka, President. Martin Produce Company. ✓✓✓___ AAA My commission expires 'C.telvL.L r/ ,19 .Witness my hand and official seal. 0, YotuYYubGe. .4Tr Cf/5 /UT S1' OF cC, k e ao NO.16 SPECIAL WARRANTY DEED.—Bradford Publishing Co..1824{d stout Street.Denver,Colorado(679.5011113.77 890485 i h i i H a 0 ai in " S. ca ii g oo Z O �+ r 3W fr4 a '� C I c c i V I jz I CO I4 1:::1 w o a o j % ' x y v W F Q b � � vi Q - ,•• z I Z I oP 4 I I A " y w b o ao 03 I� 3 o W o; [� ro 2 v v1 EXHIBIT "A" c pJ Lot "A" of Recorded Exemption No. 1057-23-2-RE 1177 recorded July 18, 1989, in Book 1238 as Reception No. 2185517, being a part of No the following described property: • Lot "A" of Recorded Exemption No. 1057-23-2-RE 600 recorded June ca• 9, 1983, in Book 999 as Reception No. 1929764, being more 0 '4 particularly described as follows: 7' A parcel of land located in the Northwest Quarter of Section 23, Township 4 North, Range 66 West of the 6th P.M. , Weld County, A Colorado, being more particularly described as follows: o BEGINNING at the Northeast Corner of said Northwest Quarter and w considering the North Line as bearing South 90°00 '00" West with N x all other bearings contained herein relative thereto; .. .a thence South 90°00 '00" West, along said North line 204 feet to the cv TRUE POINT OF BEGINNING; z thence South 00"00 ' 21" East, 149.53 feet; m, a thence South 80°52 '45" West, 487.29 feet; ac' u thence South 84°17' 47" West, 284.34 feet; z thence South 87°15'49" West, 288.51 feet; -., r4 thence South 70°45'51" West, 492.34 feet to a point on the East N m right-of-way line of the Union Pacific Railroad; a thence North 41°08'20" West, along said right-of-way, 572. 30 feet o to a point on the said North line; rn m thence North 90°00 '00" East, 1140.59 feet, along said North line • w to the TRUE POINT OF BEGINNING. coz r z N Q O 7+ U [L R: M M• AD N I ti O CQ 44 590485 ree pooled anal of ran fore mitred M re Colorado Real Comte Cemra.moo ,SS-60.7.71) STATEMENT OF SETTLEMENT SELLER'S(xi PURCHASER'S C PROPERTY ADDRESS NJA SELLER i Martin Produce Company PURCHASER Weld COUAty. Colorado SETTLEMENT DATE 7/24/89 DATE OF PRORATION LEGAL DESCRIPTION: Debit Credit 1. Selling Price I I II 6000100 2. Deposit,paid to None ! I i' 3. Trust Deed,payable to Ii I I _ 4. Trust Deed,payable to iiiI 5. Trust Deed,payoff to IIi 1 is 6. Interest on Loan Assumed None I '! 7. Title Ins.Premium Paid by Purchaser I iP 8. Abstracting: Before Sale None y' 9. After Salo ! -, 10.Title Exam. by Trans America Title Insurance Co. I 1 tl 11. Recording: Warranty Deed purchaser Exempt §39-13-102_, C.R.t. I 11 12. Trust Deed None I i! 13. Release e i l II 14. Other I , 15. Documentary Fee Purchaser Exempt §39-13-102, C.R.S. I i1 16. Certificate of Taxes Due None 11 17. Taxes for Preceding Year(s) '• II 18. Taxes for Current Year I 29100 19. Tax Reserve None I 11 20. Special Taxes 21. Personal Property Taxes '• I ! II 22. Hazard Ins.Prem. Assumed—Policy No. Co. I I $ Yr.Term Expires I I Premium$ Days Unused at it per day 23. Premium for New Insurance None 1 24. Hazard Ins. Reserve ii1 ^I 25. FHA Mortgage Ins.Assumed " j i I 26. FHA Mortgage Ins.Reserve " I 'l 27. T oleo Service r Fee (Buyer) r -iunt Fee (Seller) e 1 it 28;Loan Discount (Seller) 29. Interest on New Loan " ll 30. Survey and/or Credit Report iiiI 31. Appraisal Fee " 32. Water and/or Sewer " I 33. Rents " 11 34, Security Deposits " j I ! 35. Loan Transfer Fee ii, • ' 36. L iioan Payment Due 37. Broker's Foe I 1 11 II lei II si I ll 'ti Sub-Totals I 29j00 II 600100 Radxro;dxacinmsexar I I H Balance due thYfrom Buyer � 5971190 II I TOTALS 1 60001Q4 I! 600000 Thu above figures do not include sales or use taxes on personal property I APPROVED and ACCEPTED Itill:2020Seller Martin Produce Company Broker DIXI l{ XdfSeller a T/'-'Z,n"L 4 /✓�"C. By ['tom No,C•I3 890485 EXHIBIT "A" Lot "A" of Recorded Exemption No. 1057-23-2-RE 1277 recorded July 18, 1989, in Book 1238 as Reception No. 2185517, being a part of the following described property: Lot "A" of Recorded Exemption No. 1057-23-2-RE 600 recorded June 9, 1983, in Book 999 as Reception No. 1929764 , being more particularly described as follows: A parcel of land located in the Northwest Quarter of Section 23, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows: BEGINNING at the Northeast Corner of said Northwest Quarter and considering the North Line as bearing South 9O00 '00" West with all other bearings contained herein relative thereto; thence South 90°00 '00" West, along said North line 204 feet to the TRUE POINT OF BEGINNING; thence South 00°00 ' 21" East, 149.53 feet; thence South 80°52 '45" West, 487.29 feet; thence South 84°17'47" West, 284 .34 feet; thence South 87°15'49" West, 288.51 feet; thence South 70°45 '51" West, 492.34 feet to a point on the East right-of-way line of the Union Pacific Railroad; thence North 41°08 '20" West, along said right-of-way, 572.30 feet to a point on the said North line; thence North 90°00 '00" East, 1140.59 feet, along said North line to the TRUE POINT OF BEGINNING. 890485 Sub-Totals 6000p0 !r Balance due toltpn(Seller lixixxoextextfritcormilowex ,! TOTALS I 6000100 0 6000100 Thu above figures do not include sales or use taxes on personal property APPROVED and ACCEPTED �� ATTEST: PurchaseriM* wel /1 ("nun-by, f•n1nrrAp Siiro6 Purchaser/Wet BY• ‘ , C. W. Kirby, C airman renn No,Ge75 Board of County Commissioners of We d County, Colorado 890485 EXHIBIT "A" Lot "A" of Recorded Exemption No. 1057-23-2-RE 1177 recorded July 18, 1989, in Book 1238 as Reception No. 2185517, being a part of the following described property: • Lot "A" of Recorded Exemption No. 1057-23-2-RE 600 recorded June 9, 1983 , in Book 999 as Reception No. 1929764, being more particularly described as follows: A parcel of land located in the Northwest Quarter of Section 23, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: BEGINNING at the Northeast Corner of said Northwest Quarter and considering the North Line as bearing South 90°00'00" West with all other bearings contained herein relative thereto; thence South 90°00 '00" West, along said North line 204 feet to the TRUE POINT OF BEGINNING; thence South 00°00 ' 21" East, 149.53 feet; thence South 80°52 '45" West, 487.29 feet; thence South 84°17' 47" West, 284.34 feet; thence South 87°15'49" West, 288.51 feet; thence South 70°45' 51" West, 492 .34 feet to a point on the East right-of-way line of the Union Pacific Railroad; thence North 41°08'20" West, along said right-of-way, 572.30 feet to a point on the said North line; thence North 90°00 '00" East, 1140.59 feet, along said North line to the TRUE POINT OF BEGINNING. 390485 RESOLUTION RE: APPROVE AMENDED PIPELINE RIGHT-OF-WAY GRANT AND VACATION OF PRIOR EASEMENT WITH ASSOCIATED NATURAL CAS, INC. , AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Rome Rule Charter, is vested with the authority of administering the affairs of weld County, Colorado, and WHEREAS, the Board has been presented with an Amended Pipeline Right-of-Way Grant and Vacation of Prior Easement with Associated Natural Gas, Inc. , and WHEREAS, said document concerns property located in Section 31 , Township 6 North, Range 65 West of the 6th P.M. , weld County, Colorado, and WHEREAS, after study and review, the Board deems it advisable to approve said document, a copy of 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 amended Pipeline Right-of-Way Grant and Vacation of Prior Easement with Associated Natural Gas, Inc. , be, and hereby is, approved. RE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said document. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 7th day of June, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: rtvt Aut&J WELD COUNTY, COLORADO Weld County lerk and Recorder t// and Clerk to the Board C.W. Xir y, Ch irman C--'�Y % tcoun � Jo i son, Pro-Tem ty \Clerk EXCUSED APPROVED r.S TO FORM: Gene R. Brantner George Kenn County Attorney r� p�v' Go Lac`�� 890488 � �;� q. /..• 9817068 7S Form 3800, Juno 1985 .� -?i', 2 O r Z CO s ? m OOH ' ', m N X1 r n M o .ar r- M N L L . m k+ nz � d = o a t1 : �> . I 0 !ir r 0o R W * I S... HI! f -$ ir n z ” oaP x . „... 000 ° 8r 00 Iaf 2 Y % W V el §3¢Qs y flt I O V v h Y ii Z n N a ' • Y 11 g 1ii! grr 11 ro3 8m5 1 il z t • AR2182541 AMENDED PIPELINE RIGHT-OF-WAY GRANT AND VACATION OF PRIOR EASEMENT FOR AND IN CONSIDERATION of the sum of ten dollars ($10.00) 1/4O p and other good and valuable consideration, the receipt and CV sufficiency of which is hereby acknowledged, the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, (WELD COUNTY) , a body ' v corporate and public, whose known address is P. O. Box 758, Greeley, Colorado 80632, hereinafter referred to as "GRANTOR, " ia does hereby grant, sell and convey to ASSOCIATED NATURAL GAS, c INC. , a Colorado corporation, (the successor in interest to c a Natural Gas Associates, a Colorado partnership) its successors and v, ,4 assigns, hereinafter referred to as "GRANTEE" a permanent easement of ten (10) feet in width, each on either side of a centerline as o more particularly described herein, for the purpose from time to time of constructing, operating, inspecting, maintaining, protecting, repairing, replacing, changing the size of and " t+ removing a pipeline or pipelines, or other appurtenances, for the x transportation of oil, gas, petroleum products, water, and any w other substances whether fluid or solid, any product and m, .4 derivatives of any of the foregoing, and in any combinations and co mixtures of any of the foregoing, upon and along the route as m ,z., indicated in Exhibit A as the "amended portion of right-of-way ''.. r41 grant" and more particularly described in Exhibit A-1 . Said o ui amended right-of-way amends and replaces a portion of the Fal right-of-way previously recorded at Book 1021 , Reception No. -op 01956513 , recorded 2/17/84 in the records of the Weld County Clerk in w and Recorder (that portion being shown on Exhibit "A" as Amended co z Portion of Right-of-way) and is particularly described as follows : z A ten foot (10 ' ) permanent easement for a right-of-way for the u z purposes set forth herein with a centerline of the right-of-way a : described as follows: n Commencing at the Northeast corner of Section 31 , Township 6 N m North, Range 65 West of the 6th Principle Meridian, Weld County, o Colorado. Considering the East line of Section 31 to bear South 00°00 ' 00" West, with all bearings relative thereto: Thence South 00°00 ' 00" West for a distance of 1223. 60 feet; Thence North 88"33 ' 53" West for a distance of 50. 02 feet to a point on the West right-of-way line of North 11th Avenue; Thence North 88°33 '53" West for a distance of 75 .92 feet; Thence North 52°37 ' 08" West for a distance of 113 .75 feet; Thence North 6018 ' 10" West for a distance of 661 . 66 feet; Thence North 60°32' 03" West for a distance of 98. 27 feet to the True Point of Beginning; Thence South 75°12 ' 14" West for a distance of 46 .68 feet to a point of curvature; Page 1 of 2 Pages 890488 1 o `) Thence along a curve to the left having a radius of 755. 00 feet • and whose long chord bears North 67'26 '41" West, 589 .47 feet an CV o arc distance of 695. 57 feet; Thence South 89°34' 39" West for a distance of 660. 06 feet to a o point of curvature; a Thence along a curve to the right having a radius of 405.00 feet o x and whose long chord bears North 72°10 ' 01" West, 253. 74 feet, an 'r4 arc distance of 258 . 08 feet to a point of termination, more or • less, to the centerline of existing gas pipeline. Contains . 3604 o acres, more or less together with the limited right of ingress and • egress to and from said easement on, over, and across said land and adjacent land of Grantor for the purposes stated hereinabove. 'a In further consideration, Grantee agrees to relinquish any right w title and interest in that portion of the original right-of-way °' a amended by this grant easement. m N DA D this _ 7th day of June , 1989. •C4 c ATTEST: (L BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County- erk .and Recorder Lel w and C1etklq•oct a Board CO z J (s C. W. Xxrby, , airman Na D _put �Cnpnty Ckerk rk ASSOCIATED NATURAL GAS, INC. unco MV1csa co BY /7=-•- _b m w rAttorney-in-Fact J SUBSCRIBED and sworn to before me this 39th day of MAY , 1989 . WITNESS my hand and seal. `111111PU 4o///q Clf . JY ' ?:<#10`.... . � • Notary Public . ` • QTARy; �` : v Comm-ssion expires : Pu B1-41/�9�92 • " n,F/pp C0 ' Page 2 of 2 Pages A 1021 REC 01956513 02/17/84 13:41 $12.00 4/004 rT0' 38 MARY ANN YEUERSTEIN CLERK G RECORDER WELD CO, CO r r-.Ftl/ U .OLgb.arld 6c 'O!/ 'OJ Q 13 is � o G (.n �o r Z 11 a o r4J a F - w ox = V = Q v> 7 A o o: v o Z > t CC 2 w d/ O z N Ln a .,OltMN?/• U wI I- < v p O N \� 11 Z 0 NJ4 .•Vi C • � ° C . I ( O Q 0 o, a Q to 0 0 CO Z m z N. m '°`1. f C0 tO E y` N ri ~ 01 I I - n , K �� e _ N 4 i. .2f.ec'/d II z .. z m a v. w S 1- to G+ LI ti CO• z in toll = y N I • U a G G ax zuQ a W w in N v1 3 NOD V .-1 0 PI Pa I r .Or.raJO•/d -- ~- Q ° M, F . QO 1 Q • 1rT nel " v T 'r N ' w it, vl µ v 4 S v .• I c.� Q30488 /: 7v • n- - 40 ro I tee ' mm m , /�/ tng cower t0 a I i o c orID II = • Kr 0 Dp J m � tNiINWli O 1 ( 11M-11 XowwW O �� m NosA�° O � _ 'i0 2 d OP: ae ;, IG GO � rA r _ IA -a ca xi o oi ' III" 1 1 I < I I•• in CC 1 f77 I z 10 ,0 I � a C o 0 r as CO L) ZZ \ Frl N i 1I li . N. rxl -CII N m in W ' Z-1 54.1 I i N a o �� r J 0. aZ / / -4 mtb en co N 00 m .-i O / x J 21 CA4 ////// / .3: b� �M • A r. 00 AN / / it 01P -.4-44•"44C! N N m O �. / 1 � a ' m..1 .�� / -4 'mmu: � / b s .. O... !" es' • / �- \ • ` 'Or'C)51c4A (h i—IIII-Or r \ 1° O / \ . 0 / % %\ tlxi Ttn rn / I oil / i M P ( f 890488 9-cl. N. II th AVENUE 1 LIMITED POWER OF ATTORNEY t° o KNOW ALL PERSONS BY THESE PRESENTS, that Associated Natural Gas, Inc. , a c a Colorado corporation, with its principal offices in Denver, Colorado. by o these presents does hereby make, constitute, and appoint James F. Kirkpatrick, a resident of the County of Weld. State of Colorado, as its a true, sufficient and lawful Attorney-in-Fact to act for and in its name, o ca place, stead, for the special purposes and upon the conditions set forth below: 0 44. '4 1. POWER AND AUTHORITY o La To negotiate, obtain, execute, issue payment for and record and/or c, a file in an appropriate manner easements, rights-of-way, permits. v 14 licenses and surface leases and similar instruments. including. N without limitation, those necessary for county, state or federal a road or highway. crossings, ditch, canal or river crossings or cr, � railroad crossings. as well as any permits or licenses required co :-) from Public Service Company of Colorado or other utility companies. m z together with any documents related thereto required for the w construction and installation of natural gas pipelines by Natural o H Gas Associates, Inc. in Weld County, Colorado. a ,-, 'w (b) To negotiate, issue and execute drafts and otherwise settle w land and/or crop damages related to obtaining the easements, ul z rights-of-way, permits, licenses, surface leases and similar instruments above referenced. N a o >• 2. TERM z..) a z z The Power of Attorney herein granted shall remain effective until un on revoked by written instrument filed in the public records of Weld N in County, Colorado. Any attempted exercise of the Power of Attorney O herein granted after such revocation shall be null and void. q w 3. FORM OF EXERCISE Documents executed pursuant to the Limited Power of Attorney herein granted shall be valid as the act of Associated Natural Gas. Inc. only if such documents are executed in the following form: ASSOCIATED NATURAL GAS, INC. • BY: 1 ,},r 2 ✓ . /t,!,l ,,.�G`.".- 1; c.ii`T'�,, _ ::-.-4,/-.::-.-4,amen F. Kirkpatlet. Attorney-in-Fact.' 4, DELEGABILITY The Limited Power of Attorney herein granted may be executed only by James F. Kirkpatrick as Attorney-in-Fact for Associated Natural Gas, Inc. Any attempted assignment or delegation of the Limited Power of Attorney herein granted, or its use for any purpose or purposes other than those herein stated shall cause this Limited Power of Attorney to terminate immediately. 5. GOVERNING LAW This Limited Power of Attorney is executed and delivered in the State of Colorado and is to be construed and governed by the applicable laws thereof. 6. SPECIMEN SIGNATURE Set out below is the specimen signature of James F. Kirkpatrick, Attorney-in-Fact, designated and appointed herein. i i tJ. / ..tai c- g one,,.n... •. . ./•...yi /JAMES f. kIR'CPATRt Kttorney-In-Fact c;" poa 1/5 890455 IA . IN WITNESS WHEREOF, this instrument has been executed at Denver, Colorado this zOilay of March. 1987. kaoo ASSOCIATED NATURAL GAS, INC., A • o U COLORADO CORPORATION ;o J • as BY: o C� o e o x yr ;c1 STATE OF COLORADO ) CITY AND COUNTY OF DENVER) ss. 'n • 4.3 x Before me, "'Olt?' tpN,d. . a Notary Public, in and for said County ndate, on tins ipteisday of March, 1987, personally a appeared J. deGraffenried, President of Associated Natural Gas, Inc., z a Colorado Corporation, on behalf of said corporation and acknowledged rn —i )-4 to me that he executed this Agreement for the considerations and pur- H poses therein set forth. 0 Given under my hand and seal of office this c day of March, 1987. 44o u. CO Z egl z ear ,ddb o NOT/ ADu C Ot � x X X MY COMMISSION EXPIRES: 'nen 1/4O eno /, �I7 mw 89©488 poal/5 NORTON, UNDERWOOD AND LAMB, INC. ENGINEERING ASSOCIATES 1020 28TH AVENUE SUITE 205 GREELEY, COLORADO 80631 ( 303 ) 351 . 0550 DATE: June 2 , 1989 PROJECT NO. : 8733X TO: Lee D . Morrison PROJECT: Weld County Business Park Assistant County Atty Weld County Lee WE ARE TRANSMITTINGa HEREWITH X UNDER SEPARATE COVER NO. OF COPIES DESCRIPTION OR REMARKS 3 - Amended pipeline easement signed by Jim Kirkpatrick , ANGI attorney- in-fact. Lee : Please have signed and recorded and return two (2 ) copies of the recorded documents to us . Thanks , Bill -_- NO EXCEPTIONS TAKEN ,--- AS REQUESTED --_- MAKE CORRECTIONS NOTED XX FOR APPROVAL -_- AMEND AND RESUBMIT XX FOR SIGNATURE -__- REJECTED - RESUBMIT __-- FOR YOUR RECORDS -_- AS INDICATED ON EACH SUBMITTAL xx For Recordins RESPECTFULLY. NORTON. UNDERWOOD AND LAMB. INC. BY: Bill J. Delap, P. E . &J0488 •P 0 202! AEC 01956523 02/17/84 13741 $13.00 1/004 F' 0635 MARY ANN FEUERSTEIN CLERK 4 RECORDER WELD CO, CO Artl9$7513 PIPELINE RICIIT OF WAY GRANT ION At:o IN CONSIDERATION 07' THE SUM OR TEN ($10.001 DOLLARS, and Other good and valuahln constnoratwin, the toroipt and Puff ICioncy of which is horn- by arfnnwt.n'lgnd, Monfort Food I.otx, Inc., (Alan kneads an Ynnfort of Color•vin, Inv., ., hod„war/. COrporanon, rhoMq mni I,oq uddeOAN IN )',O. ION r;. Groo!ey, egdiaad" Nbgq-6150, M•reinnfler ndnrro) to nx "Gram nr", don* hnroby 'Word. 0'.11 and r(aryoy to Nal aro) Gail ANnnri.tt nit, 1 Colorado Partnnrxhtp, ifs nb:et/An,r, and nhmgnM, her"1 niter rotorrad to dR "Grant',,," a vimhnrary ran. Mr ra„I,..n odoomorl of i'5 foot In width and n nermannnt onnoMmt of 10 fnnr in width, rash br' In Cher HMO Of a Cord 4,1 l no as IMl'cot ryl nn Exhibit "A" atlprhod n'rnt4, for the (n,rf+,no frgm I11M, to !Ion of nonntrucitoo, .pnrnting, Inxror'I mg, catnt.11nine, (-rnlo''t inri, repairing, replacing. changing Inn Rice n( 4M1 r,,n'evinq p,I"elinn or hiPottneo. or other nppurt,nnnrOM, for the trannportat1N', of nil, Ian, ❑e!rnlrnem farrWcl a. rotor, omd any orhur nibxtam:r,s wmrth'r fluid or solid, any pro/Pinto and derivative,. of any (( the foregoing. and tiny rolnhinatinns and Mtxl ergo of any nt tho /greening, aeon vnd alone a n'ato A* in tented on h:xh,hlt "A" at tarhod bonito on, over and through the, tollOwtnq dew:raved land locotod i., lU ld County, 5141A of Cnlnrooln; It,,, WORT Mil( n( the :inuthrnxl Ows p,arinr INSSw5) and the, COS'. lint? rd iM, 9,.uthwent (',o rp,..rler (t: Nw',) of Section Thirty Oq), Tewnnhip 6',x far •:arch, Rana Silty-five (f,$) WJNt of the, S,xlh Prinntr•AI Mondlnn, Mold r„nasty, Colorado. Parr of the Wont nail of the boor ho,•eft (mart or i.odIn4i of Section Thirty l•9ta Township Six (41 Wirth, Mango Nix,y-Ilwa (r,5i W,nt of the Sixth (61171 Weld County, lY.lotale, Iron,/ more part iced ar 7 dourr,lw,') a* (ol town: L,ginning at the :a'uthonKl Cornor of Main SovUnn 10, and rnnnidann'7 the .r .t1, lino af the ioathoact ^Iartor C;E'.) •d marl 5(.!ion tn. nu /marine North 09'15.14' Went, with all other hnannen contained bonito I$nne rulnt the Inoratn; ?Tone,. North 09'15'14" Wool, 'JINN', Raid with line,. 114'..96 foot to the 7, a, mint n1 INgtnntng,; 'Mono,/ continuing North 09.15.14" wont, 1145.97 ic.d; 'thoncn North 00'14.117'• hoot, 24401.0-, (oat; Thence South H'r•ii•44" Ca fire 1 ,11.19 feeU Th m e, South OU'19.79" Wont, 2(47.37 /nut to a frrint on 'bas .login lino of tho N„utheant rpanrt it ?SN',) u' x.ud Sort ion i0, mold woo ), b,ln❑ tho Truce 'bird of lgginninry, I:x,'1:t'TIOA t•71EMuEMOM a parcel Of land mgr„ part icutanly •.441.4 Iro'1 aM 041140, he'7,nn11v1 al !AO holthoasr ''orner of fiat') $ocl iota 111, and ron,ldorin'7 Oh', South II no of the SF% of aalrl Sort51n )n, an tutoring North h%'1%'14• Wu,.!, with all other tutoring,' tointiunod noro,n ro)a- tiwo thvrwto: Thence North 87.75'ii- wont. alone A414 South line, I547.NM toot to thu Truo Point of tw0/inntnq; Thence continuing ''nr,h 0'')5'11" Won,. along thief south lino, to:.10 foot; 'ITun,N North 00.44'04" Wont, ]07,05 rr„t: Tema South OY't4'SN• toot, 259.07 trend; ?Nonce south 417.29'57" r..xt, 14,11 fuel; Thnnco South 29'a'i0" Eant, 107.14 foot; Mono, Seutn On•,6'I)• ):art. 712.',7 feet tO the 'Prue Point of Ixeglnning. Also t:w N.,rthoaat Barter (Nt:h) of :Sartain ?'lrty-nnv I If I, Township Out 161 North, Mango Sixty-t lvy (175, wont (if tot :Axth Principal Meridian. t„push.-r with the Anilvd right of Ingrood, and Agronn to and from *nod annumunt o ..e. and .cnnh nut': tand nnd gellacont land of Grantor for the purponvR Slated nvl,.i hgtw,t'e. (1) 890488 B 1021 REC 01956513 02/17/84 13:41 $12.00 2/004 F 0636 MARY ANN FEUERSTESN CLERK 6 RECORDER WELD CO, CO It in agrood that the pipoline or pipelines to be laid under the permanent easement shall be constructed at sufficient depth below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shell have the right to fully limo and enjoy the air vn dnscribd promises, tohlect to the right horotn granted. Grantee nhall have rho right to clear All trans, undorernwth and other nbnt rust inns from the heroin granted ,snsononts, and Grantor bgroos not to hoi10, Cnnntruct or create. nor permit othors t0 build, construct or create any buildings, structures or onginourin'l works on the herein granted perman'nt n.lso- aunt that will interfere with the normal opilat,on and maintenance of the said line nr linen. Grantoe agroos to pay to the owners .in•1 to an•y tenant, as their tnt orentn may ho, any And all down's to crops, timb,r. foncon, drain t110, or otbm imprnv'mnnts on netd promisor, that may Arlon from tbn 'noncom of the rights heroin granted. In the event Grantee should cease if, Otill/0 the p,polino or any ono of thorn permit tad and constructed nndor the tormn of this Nlrnosnent, Grantee shell nave a period of one (I) year from the tour l.,l dots of Ruch non- use and abandonment within which to romnve maid p,pol'no or any one of thorn from Grantor's property ahoyo descri bd. Failure rn do so within said time porio'1 shall cause such Abandoned pipeline, or Any of them, In escheat to and tmcnme the property of Grantor. It is further agrood that the sail Grantee, its succnsenrs or assigns, may at any tuna I4y on additional pipeline or linos, Along nido of said first line, no long as it is within the pormunnnt oesoment, with the anmo rights and sub)oct to the sumo conditions. and tie Grant'w shall elan have the right to, change the six° of ita piles, this °nnegon, it any, in making such change to be paid by the solid Granton. The term., cnnditiafn, and prnviriena of thin Agroomont shall extond to And he binding upon the heirs, executors, elmin , ors. pnrnnnal represent- ativen, successors And amp✓Jos of the portion hereto The naserw,nt and rights heron granted may b, leaned or can ignod in whole or in part with thu approval of the other party, such approval not to be withh'ol'd unreasonably. M NAVE AND TO POLO Raid 'p,s0mont, rightr,. 'slalom, and Privileges unto Grantee, its RucCessorn and Assigns, no long on aano) uanoaont is used for this Purposes granted heroin. Grantee will furnish as-built drawing after construction. (21 890488 R 10:1 PEC 01056513 02/17/84 13:4I $12.00 3/004 • '414.A.474 P 0637 MARY ANN PEUERSTEIN CLERK 6 RECORDER WELD CO, CO X.41onty J + M1 d 1!i H1TNfss P.keOY, Grantor nan oencu toy this Jnctrumont thin / I d •�1bN,Cr,C M/ , 14k4. A"II'+T• MOtir9kT rr.V:n 40Tti, INC, A` "a' eitO4 (v],m{r laf crl wuf ,rot• .,,r ra tary � % True nJun[ 2:4rYt' •11 ri ATV: OP t'pu,4ADO 1 it Y ➢"' 4P mil"r•, ma _ Charlene £i 211nger , q.,l.,rr ,try VS,.4J' PnhI In and (.t ton maid rnanty and Stotn, on thin 7th day I ' February , 171141, p"rron„11y dhponrod V,.nno th w,nt nrt •,,"�'._ �}•... .!n.i 9pra !1. 4-gt t, known t', m„ ter In. Ltd! Pto"Want and SncrotarY, r4• , yr f(.' - •,'�., I kV/fly, nl ".l'no,t Of Co lor4,M Inc„ n Ind uvnrn rnrpar3t1 n, on Gina n( a•ud .•4r(✓,rm IOa and nrknnvloripm1 to ma Ihat thoy food:we'd thin Agr4nmont for • Ina c"nx Wort ions and p„rPOno'J fhi ruin mot (fifth. 7Lh E0bruar' ra ve.n undid' my hand and wgal .( o((vra thin day of / r,n.7• • • Nr :lc/ Pohl re • r,ei Y n d: r J l'1 bi ! .; P.O. Box C -- rr L Crucley CO 80632-0150 rn • 1 .. Alarox„ my <"mminYton oxp,nior 11/26/83 • • 890488 yr Tt .v.L �"— ,r 1 /.4.(447:44:•..••n••Fn 10'1 arc 0:956513 02/17/84 ]J:43 512.00 4/004 41 .r�6 Y i F' 0638 MARY ANN F}UERSTEJM CLERK 6 RECORDER WELD CO, CO lc_ 4 '. 4C" T S I r c+' �.Fld/-. V ; 1O ,74.70.4.2,4,--v rs5 - .. ._� ,.oz,Sb.L7•!d a .oh, .0_ _ : QI 'cc •iY/ .1 7014 r-I Z U- ,� /u.nnsY4c.:y arty'4,1kie04 O; E'- D L. I a . V/ V �. l Z 0. ; i r1 ..ozeib/./d— Uirfa o 1 h a Z CC N j 0 om Z —.;cl- . - CC 1.0s O < — g IU r e I •-: 4. F-. F. .7b.BA+/d 1 x i 1 Z nti�n ar:t, R-. a I _. a z 4 a ..2 N Li 1--- 3 i— w- 44. 3 Z ^� — ..Or.10.10+/d=a(" - P = m N O = O •' L• - 1 4 tn' rl "•J .�.y u •n. r 4' W . � 4 V1 v re A VI j i S _ _1� 'Lf / • ./. ^V n' I• —T SS34 /3t1�.{y li.`. SR61YN'��F• RESOLUTION 2E: APPROVE ACTION OP BOARD CONCERNING PROBABLE CAUSE HEARING - RALPH NIX PPPODtTCE, INC. 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, by Resolution dated April 16 , 1986, the Board approved Use by Special Review #726 for Ralph Nix Produce, Inc. , subject to certain Conditions of Approval and Development Standards, and WHEREAS, the Department of Planning Services informed the Board that Ralph Nix Produce, Inc. , was in violation of Development Standard S4 concerning screening on the south and east property lines, and WHEREAS, at a Probable Cause Hearing conducted January 23, 1989 , the Board deemed it appropriate to continue said Hearing to allow the owner/operator time to apply for an Amended Use by Special Review, requesting that Development Standard #4 be vacated, and WHEREAS, the request for an Amended Use by Special Review, vacating Development Standard N4, was approved by the Board at a hearing conducted May 31 , 1989, and WHEREAS, at the meeting of June 7 , 1989, the Board deemed it advisable to dismiss said Probable Cause Hearing because of said amendment to Use by Special Review #726. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Probable Cause Hearing against Ralph Nix Produce, Inc. , be, and hereby is, dismissed based upon the amendment of Use by Special Review "726, vacating Development Standard #4 . / 1 / . 890147 Page 2 RE: DISMISS PROTAPLE CAUSE HEARING - RATLPFT NIX PRODUCE, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of June, A.D. , 1989 . Q BOARD OF COUNTY COMMISSIONERS ATTEST' lt WELD COUNTY, COLORADO Weld County 1erk and Recorder /77 and Clerk to the Board C.W. Kirby, Ch irman / \ AY_ � rl� p `�f/t 14J . agexuel� neon, Pro-Tem Deputy County Czlerk / EXCUSED APPROVED AS TO FORM: Gene R. Brantneer —may "\ '� �l� George K-nn-, ounty Attorney ♦w 890147 '1/'I RESOLUTION RE: APPROVE CONTINUANCE OF HEARING TO CONSIDER PROBABLE CAUSE - RALPH NIX PRODUCE, INC. 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, at its regular Board meeting on the 6th day of February, 1989 , the Board held a Probable Cause Hearing concerning Use by Special Review #726, issued to Ralph Nix Produce, Inc. , and WHEREAS, Thomas E. Hellerich, Attorney representing Ralph Nix Produce, Inc. , stated that he intends to submit a request to amend said Use by Special Review, and WHEREAS, the Board deemed it appropriate to cdntinue said hearing to May 10 , 1989 , at 9:00 a.m. , to allow time for an application for an amended Use By Special Review to be submitted and acted upon by the Planning Commission and the Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Probable Cause Hearing concerning Use by Special Review #726, issued to Ralph Nix Produce, Inc. , be, and hereby is, continued to May 10, 1989, at 9 :00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of February, A.D. , 1989. l.lit:'r ' BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY,� COLORADO Weld County Clerk and Recorder r,///264 and Clerk to the Board C.W. Kirby, Ch rman iF-nt9;e-c_c_ (',,6(tiLii) a��= a one J h son, Pro-Tem Deputy County Clerk �I APPROVED AS TO FORM: ene R. Bran er�_�'-Q},, C7L- 4V George Kennedy C ) County Attorney 9 �/� 7 ,z 7%! j�� Lam.;; cuL.5tc A • 890147 RESOLUTION RE: APPROVE CONTIA'UANCE OF HEARING TO CONSIDER PROBABLE CAUSE - RALPH NIX PRODUCE, INC. 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, at its regular Board meeting on the 23rd day of January, 1989, the Board held a Probable Cause Hearing concerning Use by Special Review #726, issued to Ralph Nix Produce, Inc. , and WHEREAS, Thomas E. Rellerich, Attorney representing Ralph Nix Produce, Inc. , submitted a letter to the Board requesting a continuance of said hearing, and WHEREAS, the Board deemed it appropriate to continue said hearing to February 6, 1989 , at 9:00 a.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Probable Cause Hearing concerning Use by Special Review #726, issued to Ralph Nix Produce, Inc. , be, and hereby is, continued to February 6, 1989, at 9:00 a.m. The abcve and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of January, A.D. , 1989 . L , • BOARD OF COUNTY COMMISSIONERS ATTEST: / '4" / Rev"..) WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.W. Kirby, Chaiyfan fG`>:Ui"Ct! t ''s/ a5c. e S3]e JCehnson, Po-Tem /fDeputy Count411;11 lerk APPROVED AS TO FORM: � B antner e"Zeorge X nne%y County Attorney � � Gerd Lac r., 890147 ow 4/(.18% January 27, 1989 Board of County Commissioners Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Ralph Nix Produce, Inc./USR 726 To Tilt Ncm2 ers of The Board of County Go=:.nissoner_: We, the undersigned, are familiar with the operations of Ralph Nix Produce, Inc. in Gilcrest, Colorado, and are familiar with the requirement that screening be placed along the south and east side of the USR property. We are familiar with this intersection, and believe that screening of the Nix USR as required under the development standards would create a substantial hazard and nuisance to traffic in this area. We, the undersigned, will support the position +O the County and of Ralph Nix Produce, Inc. in voiding and vacating the requirement of screening on the south and east side of the property. NAME ADDRESS ;0-41-17ielej_ "79 ,,Z6 � 7111 a7.5- / C,f�c4- CoROO7 2 ro s3 n0aS golA3 mu)? Q& 1 /4070 DLitt 251 r0 S.2V.c ✓3 ct tO1 p 37� rYJ m+ 690147 • NME/ ADDRESS 141.937 y2 L<,.S G I 1 e C . gedh es �✓ ' , lac\3c c R OC X32 kS4 .Pco B&c R i3 • reooa3 •"(A KIU.41 �-ti`s /70 ? 4/<i //l Sh L L P cr//go644S r J c'G// �d a�.. ;tts -ricer 3'an yu- j `'�`•1 cl— - � - yr �S VAL 3/ sr 3 . 5 - Z' ` '--- o?.7,76/4 'Al . 7, CJ Ceez;i : �Su' �� /3 s-8. /.114, anti 09 SO 4 1/ 44 C/ &off;r_p_ • /7q/q to. (Ye, 4”, z�/ wFie loc/?? / �� /� 11e cg / / fAG < cP 1/C / 13S/�J/F (/ /O 0 /� • � _ wcR �y &GC• &I/P cJo, „�Ayez1 t ;dose /.*te ,?-3 Lc '41l t eo 890147 PROBABLE CAUSE DATE: February 6, 1989 CASE NUMBER: ZCH-46 USR/SUP NUMBER: USR-726 OPERATOR PROPERTY OWNER Ralph Nix Produce, Inc. Ralph Nix Produce, Inc. 19480 U.S. Highway 85 19480 U.S. Highway 85 P.O. Box 301 P.O. Box 301 Gilcrest, CO 80623 Gilcrest, CO 80623 LEGAL DESCRIPTION: Part of the SE of Section 14, T4N, R66W of the 6th P.M. Veld County, Colorado LOCATION: Approximately 2 miles southwest of the Town of LaSalle, east of Highway 85, and north of Weld County Road 44. It is the opinion of the Department of Planning Services' staff that the following Standards, as approved for USR-726 are not in compliance: Development Standard #4 The use by special review property shall be screened on the south and east side. The location and method of screening shall be reviewed and approved by the Department of Planning Services' staff. Based upon the above information, the Department of Planning Services' staff recommends that the Board of County Commissioners schedule a "Show Cause" public hearing on February f1; 1989, to consider revocation of USR-726. l 890147 PROBABLE CAUSE DATE: January 23, 1989 CASE If: ZCH-46 USE/SUP: USR-726 NAME: Ralph Nix Produce, Inc. PROPERTY OWNER: Ralph Nix Produce ADDRESS: 19480 U.S. Highway 85 ADDRESS: 19480 U.S. Hwy 85 P.O. Box 301 P.O. Box 301 Gilcrest, CO 80623 Gilcrest, CO 80623 LEGAL DESCRIPTION: Parc of the SEI of Section 14, T4N, R66W of the 6th P.M. , Weld County, Colorant LOCATION: Approximately 2 miles southwest of the Town of La Salle, cast of Highway 85, and north of Weld County Road 44. It is the opinion of the Department of Planning Services' staff that the following standard as approved for USR-726 is not in compliance: Development Standard #4 The use by special review property shall be screened on the south and east side. The location and method of screening shall be reviewed and approved by the Department of Planning Services' staff. Based upon the information gathered, the Department cf Planning Services' staff recommends that the Board of County Commissioners schedule a "Show Cause" public hearing on February 8, 1989, to consider revocation of USR-726. 890147 n, e,, c am" DINNER, HELLERICH AND LAZAR ATTORNEYS AND COUNSELORS AT LAW MCWIN DINNLLL .b Watt NAT1ONAI.n.AVA THOMAS a. ICN OPPSLtY.(V.OIIAOO MN MIOHASL A.MYAS 001114340M CHARISM J.CONN"LL January 16, 1989 Board of County Commissioners Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Ralph Nix Produce, Inc. Dear Sirs: I have been retained by Ralph Nix Produce, Inc. to represent them in regard to the Probable Cause public hearing which has been scheduled for Monday, January 23, 1989. However, due to insufficient time to prepare for the hearing, as well as prior commitments out of state, I will be unable to attend the hearing. I am hereby requesting that this hearing be rescheduled to Monday, February 6, 1989, to allow sufficient time for my preparation. Thank you for your cooperation in this matter. Very truly yours, CCS-4-4— HOMAS 4/LER CH Attorney at Law TEH/jlm cc: 4rian J. Bingle Dept. of Planning Services )SUFli t:Tri j JAN 1 8 1989 890105 Weld Cu- S9,P1HIIIIa. CASE SUMMARY DATE: January 12, 1989 VIOLATION NUMBER: ZCH-46 (USR-726) NAME: Ralph Nix Produce, Inc. , c/o Jerry Nix ADDRESS: 19480 U.S. Highway 85 P.O. Box 301 Cilcrest, CO 80623 LEGAL DESCRIPTION: Part of the SEI of Section 14, T4N, R66W of the 6th P.M. , Weld County, Colorado. CASE SL:2:ARY October 10, 1988 Field Check October 17, 1985 Notification cf noncompliance with Development Standard V4 October 21, 1988 Telephone conversation with property owner. November 21, 1988 Letter received from property owner. November 22, 1988 Field check. November 23, 19EE Letter from Department of Planning Services' staff to property owner addressing letter of November 21, 1988. November 23, 198E Notification of 30 day compliance. December 28, 1988 Field check. January 11, 1988 Notification of Probable Cause Hearing. 890147 DEPAR( ENT OF PLANNING SERVICES ' v y 1 • �s� !�.�� PHONE(303)35644000 EXT. 4400 3.4 ;,yy,C.� 915 10th STREET '�v�' ) GREELEY.COLORADO 80631 M , COLORADO January 11, 1989 TO: SLRR0W DilG PROPERTY OVNFRS 2Cn-46 NAME: Ralph Nix Produce, Inc. FOR: Revocation of USR-726 LEGAL DEScRIPt1ON: Part of the SEof Section 14, T4N, R66t; ci the 6th P.M. , geld County, Colorado LOCAT;O::: .75 mile east of Peckham; north of Veld County Road 44 and west of Veld County Feud 35 A Probable Cruse Public Fearing is scheduled before the Weld County Board of County Commissioners on Monday, January 23, 1989, at 9:0C a.m. in the County Commissioners' Hearing Poem, First Floor, Geld Ccunty Centennial Center, 915, 10th Scrcet, Greeley, Colorado. The purpose of this public hearing will be to review case number CSR-726 for compliance with the Development Standards as approved by the Pcard of County Commissioners on April 16, 1986, to determine it probable cause exists to hold a hearing on revocation of L'SR-726. You are receiving this r.atSfscatien because your property is within five-hundred (50(4 feat of the property being reviewed. All persons in any manner interested are reruesced to attend and may give testimony pertaining co USR-726 and the uses occurring on the approved site. For additional information write or telephone, Brian J. Firgle, Current Planner. 'GELD COUNTY DEPAkD:ENT OF PLANNING SERVICES 915. 10th Street - Room 342 Greeley, Coloraco 6063: Phone: 356-4000 - Est:n.ion 4400 890147 C ZCH-46 SURROUNDING PROPERTY OWNERS RALPH, NIX PRODUCE, INCORPORATED Ida Dinner, et al 1814 14th Avenue Greeley, CO 80631 Kenneth Hungenberg 21470 Weld County Road 35 La Salle, CO 80645 Clarence Carlson 16849 Weld County Road 44 La Salle, CO S0645 Sam Segal 7877 East Mississippi Avenue Apartment 1202 Denver, CO 60231 890147 C ERTI FICATE OF MAILING 7 hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in the case tZCF.-46 (USR-726) for Ralph Nix Produce, Inc. , in the United States Mail postage prepaid First Class Mail by postal card as addressed on the attached list. This 11th day of January 1989. s 590147 ; r ( DEPART( 'NT OF PLANNING SERVICES • ,i p ,I, 4:, �, PHONE(303)356,4000 EXT.4400 915 1011 STREET y GREELEY.COLORA0O 80611 3rerck It ` e COLORADO January 11, 1989 Ralph Nix Produce, Inc. Attn: Jerry Nix P.O. Box 301 Cilcrest, CO 80623 Re: ZCH-L6 Dear Mr. Nix: Notice is hereby given that or. Monday, January 23, 1989 , at 9:00 a.m. , or as coon thereafter as the agenda of the Beard of County Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Section 61 of the Weld County Zoning Ordinance. This meeting will take place in the Ccrt:issioners' Hearing Room, Weld County Centennial Center, 915 Tenth Street. Greeley, Colorado. The purpose of this public hearinc will he to review case number i;SR-726 for compliance with the Development Standards as approved by the Board of County Commissioners on April 16, 1986, to determine if probable cause exists to hold a hearing on revocation of V'SR-726. Inspection by representatives of this office have identified that you are not in compliance with Development Standard '•4 of USR-726. "The Cse by Special Review property shall be screened on the south and the east side. The location and method of screening shall be reviewed and approved by the Department of Planning Services' staff." If it is determined at the public hearing that there is probable cause that you are not in compliance with Development Standard 04 the Board of County Cor issicnerc. will schedule a Show Cause public hearing to consider revocation of the Special Review permit. 890147 iif .L.- Ralph Nix Produce, Inc. January 11, 1989 Page 2 If you have any questions regarding this matter, please telephone. Respectfully, B 4 j-an • gle Current PI rner B.,B:rjg _ 890147 INSPECTION REPORT NAME: Ralph Nix Produce, Incorporated LEGAL DESCRIPTION OF PROPERTY: Part of the SE} of Section 14, T4N, R66W of the 6th P.M. , Weld County, Colorado DATE: December 28, 1988 TIME: p.m. CASE NUMBER: ZCH-46 Inspection of the property found it not to be in compliance with Development Standard #4. • Btfan. T -8ir�2e �Cur�ent PlAriner 89Q147 r ;yY• .53 tap PHONE(900)056.4000 EXT.4400 7� ;F 915 10th STREET es GREELEY,COLORADO 80631 tY]r..,% "�11$�idi 111 C491 • COLORADO November 23, 1988 Ralph Nix Produce, Inc. 19480 C.S. Highway 85 P.O. Box 301 Gilcrest, CO 80623 Re: zCH-46 Dear Mr. :'ix An on-site inspection of your property was conducted on November 22, 19££, to determine if the Conditions of Approval and the Development Standards placed on your property at the time CSR-726 was approved by the Board of County Commissioners arc in compliance. The inspection revealed a violation of Development Standard 44. A copy of this item from the approved resolution is enclosed. The Use by Special Review area must be brought into compliance with the Development Standards within thirty (30) days from the date of this letter. Noncompliance will result in our office scheduling a Probable Cause Hearing before the Board of County Commissioners. If the Board determines there is sufficient probable cause to warrant further action, a Show Cause Hearing will be scheduled to consider revocation of the Use by Special Review permit. If you have information that may clear up this matter, please cal. or write. Sincerely, _.. ......-Br>-.7. Dingle • ((tit-rent/Planner BSB:rjg enclosure 890147 DEPART' 'NT OF PLANNING SERVICES CHOPHONE(003)956.4000 E%T.4400 OL RA STREET GREEfEY,COLORn00 80631 • COLORADO November 23, 1988 Ralph Nix Produce, Inc. c/o Jerry Nix 19480 U.S. Highway 85 P.O. Box 301 Cilcrest, CO 80623 Re: A screening plan for part of the SE; of Section 14, T4N, R66V of the 6th P. M. , Weld County, Colorado. Dear Mr. Nix: :hank you for giving the Weld County Department of Planning Services the opportunity to review your screening plan for Use by Special Review Site 0726. The staff has determined that the material (chain link fence) is inadequate. The purpose of screening is to lessen the visual impacts of a use on surrounding uses. This screening plan as submitted would not satisfy this requirement. Screening plans considered adequate are berming, landscaping, and acceptable solid board fences, (consisting of boards 6 feet by 6 inches by 1 inch spaced at no greater than 1/8 of an inch) , or any combination of berming, landscaping, and fencing used together. Each screening plan is evaluated and approved by staff on the merits of its ability to adequately lessen the visual impacts caused by the use it is screening. If you have any questions about this matter, please call me. Sincerely, /,Eytpn a lIgke - C9 rrent/Planner EJB:rjg 890147 • ' / _^ `re INSPECTION REPORT NAME: Ralph Nix Produce, Inc. LEGAL DESCRIPTION PY PROPERTY: Part of the Sr! of Section 14, T4N, R66W of the 6th P.M. , Weld County, Colorado DATE: November 22, 198S TIME: p.m. CASE NUMBER: CSR-726 Inspection of this Special Review site found all development standards complies with except for development standard s4. Development standard {#4 indicated that the Special Review site's south and east property lines were to be screened. The location and method of screening shall be reviewed by the Department of Planning Services. Achieving compliance with this development standard will be handled by phone and letters. —.� :.� CuY'reat Planner • 890147 • RALPH NIX PRODUCE INC. 19480 COLO. U.S. HIGHWAY 85 P. 0. BOX 301 GILCREST, CO. 80623 Nov. 21 , 1988 Department Of Planning Services 915 10th Street Greeley, CO. 80631 Re: USR-726:86:7 located in part of the SE* of Section 14, T4N, R66W of the 6th P.M. , Weld County, CO. Dear Sirs, As per telephone conversation with Brian Dingle on Monday Nov. 19th, we will construct a 6' chain length fence around the east and south side of this property, excluding the residence of Jerry & Kim Nix, and the two entry gates as decribed on the Use By Special Review# 726 :86:7. As the ground is frozen at the present time, the fence will be constructed by July 1 , 1989. Sir erely, • 74, kn erry ix Ral_ . Nix Produce, Inc. �l � NOV 2 2 1988 [j, c It. Cu. 890147 • ii )1 - '77.6e\\ i i i ..Lt:4 i ) ' 'i .1,: Lid- •ss 1 _it a ..° i' 7G October ^1 ]efb !...;:fl.'....;_r:-..11.O_ 1.0 -con+ ____3mian._J_.Eirg)e,,_Current Planner_ .,m;.,--t Cogpagonce lo=th Development Stanc'srd !i4 'development Standard I(4: The use by special review property shall be SCREENED or the south end east tide. The location and r..ethoe of screening shall be reviewed and approved by the Department of Planning Services' staff. Jerry Ni:; telephoned and we discussed the absence of a landscaped area on the east arc' couch property lines' of the Special Review site. It was indicated to Mr. Nix that two types of landscaping plans woule be considered by the Department of Planning Services. One, a berm with trees planted on its top, or t'•'v n solid wooden fence. At the conclusion of this telephone conversation, it was agreed upon that this landscaping p':m would be submitted tc the Department of Planing Services within 30 days of today's date. 890147 , r ( DEPART( VT OF PLANNING SERVICES (.77" . F = �, PHONE(303)356.4000 En,4400 � -^- 915 10in STREET riot, !, GREELEY.COLORADO 80631 `` COLORADO October 17, 19CC Ralph Nix Produce, Inc. P.O. Box 301 Gilcrest, CO 80623 Re: VSR-726, located in part of the SE, of Section 14, T4N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Nix: A field inspection of the property showed the use by special review operation is not in compliance with Development Standard #4 as approved by the Weld County Commissioners. Development Standard 114 requires the use by special review property be screened on the south and east side. The location and method of screening is to be reviewed and approved by the Department of Planning Services' staff. If you have information that may clear up this matter, please telephone or write. If you have no additional information, please let me know and I will schedule an appointment with you to discuss the procedures and requirements necessary to resolve this matter. I would recommend you call and schedule an appointment so that I may reserve a sufficient amount o.`. time to discuss this matter with you. Sincerely, tle .ent Pl=ner BJB:dn 890147 r r+ r C INSPECTIONS REPORT NAME: Ralph Nix Produce, Incorporated LEGAL DESCRIPTION O}' PROPERTY: Part of the SF of Section 14, T4N, R66W of the 6th P.N. , Weld County, Colorado DATE: October 10, 198E TIME: a.m. CASE NUMBER: USR-726 Inspection of this Special Review site found all development standards complied with except for development standard a i4. Development standard t4 indicated that the Special Review sites's sough and east property lines were to be screened. The location and method of screening shall be reviewed by the Department of Planning Services. Achieving compliance with this development standard will be handled by phone and letters. A Bpi , e urrent Planner • 890147 �( 2i Cj1c�11�/i r.p;t 2121°88 RESOLUTION. Weld Co. Planning Commissica RE: APPROVAL OF USE BY SPECIAL REVIEW FOR AN AGRICULTURAL RELATED STORAGE WAREHOUSE TO BE USED PRIMARILY FOR THE STORAGE AND PROCESSING OF ONIONS - RALPH NIX PRODUCE, INC. 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 held a public hearing on the 16th day of April, 1986 , at the hour of 2: 00 p.m. in the Chambers of the Board for the purpose of hearing the • application of Ralph Nix Produce , Inc. , P.O. Box 301 , Gilcrest, Colorado 80623 , for a Use by Special Review for an agricultural .' related storage warehouse to be used primarily for the storage and processing of onions on the following described real estate, to-wit: Part of the SEA , Section 14 , Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24. 4. 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS , the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24. 4 . 22 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the intent of the weld County Comprehensive Plan. The Comprehensive Plan encourages the development of agribusiness and agriculturally oriented industry provided these enterprises do not adversely affect the local economy or environment. 860364 0 896147 . . Page 2 RE: USR - RALPH NIX PRODUCE, INC. b. The proposed use is an agricultural activity and is , therefore , consistent with the intent of the Agricultural Zone. c. The uses permitted will be compatible with the existing surrounding land uses and with future development of the surrounding area as permitted by the Agricultural Zone District. d. The Gilcrest Planning Commission has reviewed this proposal and recommends approval. e. No overlay districts affect the site. f. Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for an agricultural related storage warehouse to be used primarily for the storage and processing of onions on the hereinabove described parcel of land be, and hereby is , granted subject to the following conditions: 1 . The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . Within 30 days of approval from the Board of County Commissioners , the applicant shall submit a drainage plan for the site to the Weld County Engineering Department for review and its approval. A copy of the approved plan shall be delivered to the Department of Planning Services. 860364 890147 DEVELOPMENT STANDARDS Ralph Nix Produce , Inc. USR-726 : 86: 7 1. The Use by Special Review permit is fox an agricultural related storage warehouse to be used primarily for the storage and processing of onions as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Access shall be limited to the two locations indicated on the Use by Special Review plat. 3 . Forty foot (40 ' ) long culverts shall be installed at both access points. 4 . The Use by Special Review property shall be SCREENED on the south and east side. The location and method of screening shall be reviewed and approved by the Department of Planning Services staff. 5 . All structures in the Use by Special Review area shall be setback a minimum of thirty feet from the Western Mutual Ditch. 6 . No trash, garbage or runoff associated with this operation shall be allowed to enter the Western Mutual Ditch. 7. On-site disposal of produce shall not be allowed. 8 . Produce shall be handled and stored at the facility in such a manner so that no nuisance is created by odor , blowing of debris and fugitive dust , or spoiled produce on or around the facility in accordance with Weld County Health Department Regulations . 9 . The septic system shall be designed by a Colorado Registered Professional Engineer as recommended by the Weld County Health Department. 10. All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 11. The property owner or operator shall be responsible for complying with the Design Standards of Section 24. 5 of the Weld County Zoning Ordinance. 860364 890147 r Page 3 RE: USR — RALPH NIX PRODUCE, INC. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 16th day of April , A.D. , 1986. e .. /� i` BOARD OF COUNTY COMMISSIONERS ATTEST:+ / Q ae"�"` Q f°a WELD COUNTY, COLORADO Weld County Clerk and Recorder ,�oca,` � • __ and Clerk to the Board Ja gueline JoSnson, Chairman 0 r) EXCUSED Go d n E. Lacy, Pro-Tem Deputy County Cl-erk 1 1ST 6 / APPROVED AS TO FCRM: Genes R. Brantner /(/ /-7 C.W. Fi . y 47,c, -County Attorney EXCUSED Frank Yamaguchi $60364 530147 Page 2 DEVELOPMENT STANDARDS - RALPH NIX PRODUCE, INC. 12. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24. 6 of the Weld County Zoning Ordinance. 13 . Personnel from the Weld County Health Department and weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations . 14 . The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations . Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plan or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 15 . The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Baord of County Commissioners. • 860364 890147 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CERTAIN PARTIES FOR VIOLATIONS OF THE WELD COUNTY BUILDING CODE 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, the Weld County Department of Planning Services has referred certain violations of the Weld County Building Code Ordinance to the County Attorney' s Office, and WHEREAS , those persons in violation of the Weld County Building Code Ordinance are Yaklich and Company; Colvin and Georgena Hanscome; Allen Muirhead; and Church of Jesus Christ of Latter Day Saints, and WHEREAS, despite efforts by the Planning staff to resolve said matters , the violations have not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against those individuals as hereinabove named to correct said violations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against Yaklich and Company; Colvin and Georgena Hanscome; Allen Muirhead; and Church of Jesus Christ of Latter Day Saints to remedy the violations of the Weld County Building Code Ordinance, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. ��/, /. ,9 S90477 Page 2 FE: BUILDING CODE VIOLATIONS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of June, A.D. , 1989 . ‘,,1ry 6;0 BOARD OF COUNTY COMMISSIONERS ATTEST:t/�yJ�t � WELD COUNTY, COLORADO Weld County Clerk and Recorder , and Clerk to the Board C.W. Kirby, Ch .irman �j „J �?;`• uely e J• 'son, Pro-Tem Deputy County Clerk �/ t APPROVED AS TO FORM: ,enes R..�BBranine r_- George Ke dy County Attorney . L c 890477 fi ' MEMORAnDUM WilkTo Board of County Commissioners ome June 7, 1989 COLORADO From Department of Planning Services suo).cr: Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Building Code Ordinance. Building Code Ordinance Violations: BCV-1113 Yaklich and Company Columbine Square 5151 South Federal Littleton, CO 80120 BCV-1116 Bcv-1116 A Colvin & Georgcna Hanscome Mobile Rome Owner (Plari h ead, 22509 Weld County Road 47 22474 Weld County Road 48 LaSalle, CO 80645 LaSalle, CO 80645 the Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. 896477 4est';' 1E1ORAFIDU WineTo Board of County Commissioners o,c. June 6, 1989 COLORADO From Department of Planning Services Legal Action Authorization Subject: The Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Building Code Ordinance. Building Code Ordinance Violations: BCV-1114 and BCV-1115 Church of Jesus Christ of Latter Day Saints 3421 Weld County Road 31 Ft. Lupton, CO 80621 The Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. tl9C477 i RESOLUTION PE: ACTION OF THE BOARD CONCERNING REQUEST FOR TRAFFIC CONTROL DEVICES ON CAROLINE AVENUE IN WATTENBFPG WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Nome Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has received a request from Cynthia Gulbrandson for the installation of traffic control devices on Caroline Avenue in Wattenberg, 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 from Cynthia Gulbrandson for the installation of traffic control devices 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 7th day of June, A.D. , 1989. BOARD OF COUNTY CO1YYISSIONERS ATTEST: / WELD COUNTY, COLOPADO Weld County Clerk and Recorder (e and Clerk to the Board C.W. Kirby, Ch tman 1 RY_• C7?t��tto lJ cpuel_ 5. son, Pro-Tem _ (tfra,_1,,, Deputy County lerk EXCUSED APP OVED AS TO FOAM: Gene�f R. Brantner ne CGeorge He ed Co my Attorney Gordo cy�i f.A_ / / / J` 4 '� 890487 CYNTHIA GULBRANDSON 1810 CAROLINE AVE WATTENBERC, CO 80621 May 31, 1989 Board of Weld County Commissioner P.O. Box 758 GREELEY, CO 80632 Dear Sirs, By this letter, I request that Weld County take a study of the traffic on Caroline Ave for the potential posting of speed limit signs. Our community has noticed that because Caroline Ave is the longest stretch through the town people are abusing speed. We have had some close calls with children on bikes and walking and would like signs posted to prevent a bad accident. I have been told that 200 cars a day must pass this area in order for signs to be posted. I am sure that your study will show that in fact there is this much traffic in any given day. Thank you for your cooperation in this matter. If you have any questions you may contact me at work at 654-0098 or home 654-1499. Sincerely, Cynthia Gulbrandson /7(' 72 890487 RESOLUTION RE: REGULATING, WARNING AND GUIDING TRAFFIC DURING THE TEMPORARY CLOSURE OF WELD COUNTY ROAD 63 BETWEEN WELD COUNTY ROAD 52 AND U.S. HIGHWAY 34 FOR AN INDEFINITE PERIOD OF TIME FOR REPAIRS DUE TO WASHOUTS 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, pursuant to Section 42-4-410 (6) (a) , CRS: " . . . local authorities, with their respective jurisdiction, may for the purpose of road construction and maintenance, temporarily close to through traffic or to all vehicular traffic any highway or portion thereof for a period not to exceed a specified number of work days for project completion and shall, in conjunction with any such road closure establish appropriate detours or provide for an alternative routing of the traffic affected. . . " , and WHEREAS, the Board, pursuant to said statute and upon the basis of traffic and personal investigations, has determined that conditions exist which make it necessary to temporarily close to through traffic and to regulate, warn and guide vehicular traffic on said County roads by posting signs thereon. NOW, THEREFORE, RE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, deems it necessary to regulate, warn and guide vehicular traffic on County roads and any intersections thereof, and it hereby authorizes and orders the posting of such traffic control devices as shall be reasonably necessary to regulate, warn and/or guide traffic thereon for the safety of the general public and that said traffic control devices shall conform to the Federal Manual on Uniform Traffic Control Devices. BE IT FURTHER RESOLVED that the Board of County Commissioners of Weld County, Colorado, does declare and establish that Weld County Road 63 between Weld County Road 52 and U.S. Highway 34 be temporarily closed, with said closure being effective June 5 , 1989, for an indefinite period of time, and further, that standard official traffic control devices shall be erected at said closure giving notice of the restrictions. i % ;/ _' 890479 Page 2 RE: TEMPORARY CLOSURE - WCR 63 The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 12th day of June, A.D. , 1989 , nunc pro tunc June 5, 1989 . tfiPlBOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County dierk and Recorder irfrt and Clerk to the Board C.W. Ky, Ch man R`�_)DePutY h � e ' ne nson, Pro-Tem County Jerk APPROVED AS TO FORM: Gene R. Brantner George C— e/ County Attorney r�� n7 Go a ri _ 890479 • I .r. ... _^•. . . r�.:j...r 're - I•sic•F"�'y�+ • :wv If% , :.":.� :s:.:a.r "'`R 5a N i •:. : - - ? j v E barri cac✓eS - s -;?may:_ _ _•,:,--'-.t,---:;-• I ype E botriC cI . (.v/i.491+f cf4Sher - . :yr. __ (NI •. ... .1..:.. kit'yk�- F Ia.APr geed eCOSed _ i. �. •., D a L'(o 3e f Detour' !ld✓our-s ..... -.":r L"'mss., rZ-l{ • ti • sir 1.1 • —_ ter__ t- Y t « �.a- '� acf LCfos�d �/3�84 I'?V S IMelenc �— :-.. To 6.e C (aseel u,4*, 1 repdir.: - -• Corr.- & Gr i_ade. 10 TITLE 'r-t4C/ - latarc Gt,cR G 3 a /- Sf NwY3,I o( wc,e -re? 1 �' y - S.RVET BY DATE sci. G - • DRAWN BY .f. DATE S T ''rra - OiECCED BY - O.T / 4 -, '`;r�. "::-.• - COUNTY ROAD N2 (PJ .r : i•-was • -. _ . APPROVED BY COUNTY Et:GIN?EP. _ , - j WELD COUNTY DEPARTMrNT Cr ENDITSERING { I -- . • ro u ,� 890479 2/r_ y.r .ire . , ME111ORAilDUfn 111'1€. To Clerk to the Board One June 5, 1989 COLORADO From George Goodell, Director, Road & Bridge Dept. subiece Road Closures Please see the attached sheets with the following road closures: Weld County Road 63 between State Hwy 34 and WCR 52 Weld County Road 23 between WCRs 76 and 78 Weld County Road 23 at WCR 46; Weld County Road 44 at WCR 21 These roads will be closed until the repairs from the washouts can be made. Please see that they are placed on the Board's Agenda. GG/rs xc: WCR 23 File WCR 44 File WCR 63 File 890480 W0243/g76$78 ateg344 890479ut5 W RESOLUTION RE: REGULATING, WARNING AND GUIDING TRAFFIC DURING THE TEMPORARY CLOSURE OF WELD COUNTY ROAD 23 BETWEEN WELD COUNTY ROADS 76 AND 78 FOR AN INDEFINITE PERIOD OP TIME FOR REPAIRS DUE TO WASHOUTS 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, pursuant to Section 42-4-410 (6) (a) , CRS: . . local authorities , with their respective jurisdiction, may for the purpose of road construction and maintenance, temporarily close to through traffic or to all vehicular traffic any highway or portion thereof for a period not to exceed a specified number of work days for project completion and shall , in conjunction with any such road closure establish appropriate detours or provide for an alternative routing of the traffic affected. . . " , and WHEREAS, the Board, pursuant to said statute and upon the basis of traffic and personal investigations, has determined that conditions exist which make it necessary to temporarily close to through traffic and to regulate, warn and guide vehicular traffic on said County roads by posting signs thereon. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, deems it necessary to regulate, warn and guide vehicular traffic on County roads and any intersections thereof, and it hereby authorizes and orders the posting of such traffic control devices as shall be reasonably necessary to regulate, warn and/or guide traffic thereon for the safety of the general public and that said traffic control devices shall conform to the Federal Manual on Uniform Traffic Control Devices. BE IT FURTHER RESOLVED that. the Board of County Commissioners of Weld County, Colorado, does declare and establish that Weld County Road 23 between Weld County Roads 76 and 78 be temporarily closed , with said closure being effective June 5, 1989, for an indefinite period of time, and further, that standard official traffic control devices shall be erected at said closure giving notice of the restrictions. -' J / 890480 Page 2 RE: TEMPORARY CLOSUR.R - WCR 23 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of June, A.D. , 1989 , nunc pro tune June 5 , 1989 . / BOARD OF COUNTY COMMISSIONERS ATTEST: LirkWELD COUNTY, COLORADO Weld County C erk and Recorder and Clerk to the Board G.W. Kir y, CIVirman MOWBx- F7 ,?, u lu�!<1 � q e e Jo :Yson, Pro-Tem Deputy Countylerk APPR/OVED AS TO FORM: ene R. Bran ner George e y County Attorney /1/4 Go ^cr, cgs 890480 1 —.7:--"•• .•��. • 1 - J 1 _..„..... .• .. ,.......„...„4 e.. G'cR78411-** . --s.as - r-t N � `� , type bare/code - =_ . w/Ni7fa-f- F/ashes' -� -r• ipe iu f�6rr;ccrd e 4,'-`_ wl �, �-i- COQ /P,- • - p�acj �isSed . _`_ _ ' ' 76 z. Vef�' /rows 7_-- �i_� �w� ... • • in • - -- wce 76 ..".• ....3•72_n « :4 ?o ad C(osed 6(sI89 foe eav5e.cy wa-;hov't To — ▪,-&-:_ ='^.; - - of .-r:r F Be Ct6SPec -UN's' I ✓fea'trs Ca be rna e , : R'- :�- 'TITLE Fl70d Ot vo toot fl ci Gate W/ uuck 77 _ - s.rnvzr BY DATE DRAWN Err j/Vk11rC °ATc Ar o e -Y-3cre .t- .---"L-9::a:-�c_. �i�Ct�•D BY DATE COUNTY ROAD N1 2-3 :,--r_ _- APPROVED BY COUNTY Er:GSNEER I WELD COUNTY DEPARTMENT CF ENG1NEERING 9 l . roRu a 890480 2/7: _—_ _ _ RESOLUTION RE: REGULATING, WARNING AND GUIDING TRAFFIC DURING THE TEMPORARY CLOSURE OF WELD COUNTY ROAD 23 AT WELD COUNTY ROAD 46 AND WELD COUNTY ROAD 44 AT WELD COUNTY ROAD 21 FOR AN INDEFINITE PERIOD OF TIME FOR REPAIRS DUF TO WASHOUTS 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, pursuant to Section 42-4-410 (6) (a) , CRS: " . . . local authorities, with their respective jurisdiction, may for the purpose of road construction and maintenance, temporarily close to through traffic or to all vehicular traffic any highway or portion thereof for a period not to exceed a specified number of work days for project completion and shall, in conjunction with any such road closure establish appropriate detours or provide for an alternative routing of the traffic affected. . . " , and WHEREAS, the Board, pursuant to said statute and upon the basis of traffic and personal investigations, has determined that conditions exist which make it necessary to temporarily close to through traffic and to regulate, warn and guide vehicular traffic on said County roads by posting signs thereon. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, deems it necessary to regulate, warn and guide vehicular traffic on County roads and any intersections thereof, and it hereby authorizes and orders the posting of such traffic control devices as shall be reasonably necessary to regulate, warn and/or guide traffic thereon for the safety of the general public and that said traffic control devices shall conform to the Federal Manual on Uniform Traffic Control Devices. BE IT FURTHER RESOLVED that the Board of County Commissioners of Weld County, Colorado, does declare and establish that Weld County Road 23 at Weld County Road 46 and Weld County Road 44 at Weld County Road 21 be temporarily closed, with said closure being effective June 5, 1989 , for an indefinite period of time, and further, that standard official traffic control devices shall be erected at said closure giving notice of the restrictions. 890481 Page 2 RE: TEMPORARY CLOSURE - WCR 23 & 44 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of June, A.D. , 1989, nunc pro tunc June 5 , 1989. cI BOARD OF COUNTY COMMISSIONERS ATTEST; T� WELD COUNTY, COLORADO Weld County C erk and Recorder // and Clerk to the Board C.W. Kirb_ , Ch rman --BY; /4"nt..-ot., e/ J 1 e Jo on, Pro-Tem eputy County erk APPR VED AS T FORM Gene R. Brantner George K n C unty Attorney Gordo d 890481 -= •' • - - t f— n. - F . r. r. ' . -= N • I . • ,=t•� - - "Y v "� 1 pe Ty bay-encode. ._ �e j 1�prr;coc� - w(ot14- flasher rul filt9y,t Ffs4er(2:0,1 C(osedRogtt Closed `yam ...:__ 0eTour Arrow's (%' � .• ..•.... • �� C Ira �a moo.d�� ,� _ 3 ' / „..,_ • CI` "` goad Closed 413/41 Po"- i°G^Pryr"t/ wGs� ou . To hP C tore,c/ ,,h 111 rApairs frk be 4.+o 1, • -^,`"- ( TITLE Kno � � x Closure WCR a 7 o wcM 9, iy Qf wee at - . S RVEY Cr DAi E - • • DRAWN BY Wl7v 2 DATE - r• •�. 'as.- o EGCD BY DAT 7 ' !;� - COUNTY ROAD N� �� _._ .--- APPROVED BY COUNTY Er:CR EEP • -_ - - • - WELD COUNTY DEPARTMrNT Cr ENGINEERU'G f - - 890481 rwa ,0 2 in i RESOLUTION RE: REGULATING, WARNING AND GUIDING TRAFFIC DURING THE TEMPORARY CLOSURE OF WELD COUNTY ROAD 19 BETWEEN WELD COUNTY ROAD 84 AND STATE HIGHWAY 14 FOR APPROXIMATELY 20 WORKING DAYS FOR BRIDGE WASHOUT REPAIR 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, pursuant to Section 42-4-410 (6) (a) , CRS: . local authorities, with their respective jurisdiction, may for the purpose of road construction and maintenance, temporarily close to through traffic or to all vehicular traffic any highway or portion thereof for a period not to exceed a specified number of work days for project completion and shall, in conjunction with any such road closure establish appropriate detours or provide for an alternative routing of the traffic affected. . . " , and WHEREAS, the Board, pursuant to said statute and upon the basis of traffic and personal investigations, has determined that conditions exist which make it necessary to temporarily close to through traffic and to regulate, warn and guide vehicular traffic on said County roads by posting signs thereon. NOW, THEREFORE, BF IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, deems it necessary to regulate, warn and guide vehicular traffic on County roads and any intersections thereof, and it hereby authorizes and orders the posting of such traffic control devices as shall be reasonably necessary to regulate, warn and/or guide traffic thereon for the safety of the general public and that said traffic control devices shall conform to the Federal Manual on Uniform Traffic Control Devices. RE IT FURTHER RESOLVED that the Board of County Commissioners of Weld County, Colorado, does declare and establish that Weld County Road 19 between Weld County Road 84 and State Highway 14 be temporarily closed, with said closure being effective June 5 , 1989, for approximately 20 working days, and further, that standard official traffic control devices shall be erected at said closure giving notice of the restrictions. 7 i. yr/ 890482 I Page RE: TEMPORARY CLOSURE - WCR 19 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of June, A.D. , 1989, nunc pro tunc June 5 , 1989 . e 0 BOARD OF COUNTY COMMISSIONERS ATTEST: Jerk WELD COUNTY, COLORADO Weld County and Recorder /74 44 and Clerk to the Board C.W. Kirby, Ch rman ._ .• �• v• Lri%.?? ' . '�' ne nson, Pro-Tem eputy Count erk .lf�//CP PC APPROVED AS TO FORM: Gene R. Bran ner cc/ ! George K n j i ounty Attorney Gard , y 890482 r1'-�� got:, Closed 4 �' -• ; Y . Akead. 4:4fi•r.C.l.T.f V 3 1E I Peto or ,rd -"so ..--' y.:, -. � WC Tell r. I—I _ l.`��• • • -'= - I c4oe Fr barricade - ~��ti �"y (4Ni9At P/cer- _ . . d a( S d 'ripe.7 bane;tales - - • y-1=. w Ni Ai- -Picts • e four n•�ro� • tit-, Abaci Closed -7\ _L, Loca 1 Tto FIX. or. �/ , -arebni. -4_=....7....7- . • H • Sf ywy ,V • _: = _ - == = /— �T�Wr`—t Y R 1 ock OfoseJ 6,I s-/e Ar ,b,,dye repair 619/72 AJ V; ...., `,-.�.,.' ?` For ci/if rox 1144,Se'/r 4.4j Ott�,„9. CIA ys ; � --V� - _ ----- S'-_••F^- ", = TITLE d < re wcR /9 0i4 Si M. i 1 4'c,2 •. - SJXVET BY DATE, . DRAWN BY pta[? DATE r° �9 O{SC►�D BY O.Tc = :. — =7N-•,..c, ; COUNT? ROAD N� /9 .-• .rr - APPROVED BY COUNTY ENGINEER N - I WELD COUNTY DEPARTMENT Cr ENGIN ERiNG , - . _ TORY " 890482 2 /7: fst! o MEMORAi1DUM To Clerk to the Board Date June 6, 1989 COLORADO From_ George Goodell, Director of Road & Bridge ,7 Subject Road Closure The following road was closed on June 5, 1989 for a bridge washout: Weld County Road 19 between State Hwy 14 and WCR 84 This road will be closed for approximately 20 working days. Please see that it is placed on the Board's Agenda. Thank you. GG/rs xe: WCR 19 File 890482 RESOLUTION RE: CANCELLATION OF OUTSTANDING ACCOUNTS RECEIVABLE FOR THE WELD COUNTY AMBULANCE SERVICE WPEFFAS , 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 list of ambulance accounts which have been deemed uncollectible in accordance with guidelines adopted by the City and County has been submitted to the Accounting Department of Weld County, Colorado, a copy of said list being attached hereto and incorporated herein by reference, and WHEREAS, the Accounting Department has recommended to the Board of County Commissioners of. Weld County, Colorado, that said list of uncollectible debts due and owing the Weld County Ambulance Service in the amount of 1.7 ,478. 25 be canceled. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the aforementioned list of uncollectible accounts in the amount of x17,478.25, be, and hereby is, approved for cancellation. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 12th day of June, A.D. , 1989. y ATTEST: rexAtAtte;) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County erk and Recorders/, %vwr�and Clerk to the Board C.W. Kirby, Ch rman ,ec-4-7(-4- . a e Jo on , Pro-Tem /I Deputy County Qlerk p APPROVED AS TO FORM: Gene R. Brantner ie_e_1 George Ken y County Attorney Gord 890483 3 ► , MELD COUNTY AMBULANCE SERVICE - UNCOLL£CTADLE ACCOUNTS PAGE 1 ACCOUNT AMOUNT ACCOUNT AMOUNT ACCOUNT AMOUNT ' NUMBER DUE NUMBER DUE NUMBER DUE 00003070 6395.52 00005046 $266.99 00006127 $293.07 00009476 192. 70 00010224 1125.60 00010500 $496.00 00010622 $242.52 00010797 1196.91 00010905 $110.94 00011020 $320.74 00011030 $365.40 00011171 $291.31 00011307 1424.00 00011313 $265.93 00011315 5336.98 00011319 $377. 59 00011327 $435.44 00011330 5336.98 00011331 1336.90 00011332 $261 .07 00011358 $351. 19 00011361 5345. 10 00011385 1345.10 0001I395 $336. 98 00011396 1406.00 00011412 $420.21 00011414 $166.89 00011446 *397.88 00011454 $291.31 00011473 1469.95 ` 00011474 5510.55 00011476 $406.00 00011490 $718.62 00011492 $276.08 00011506 $465.56 00011519 5945.54 00011522 1304.48 00011526 5523.24 00011539 $280. 16 00011567 1360.50 00011577 $379.04 00011580 $389.34 00011602 $374.92 00011618 5394.46 00011630 5372.86 00011642 $332.00 00011918 $312.00 00012072 $362.00 00012094 3265.91 TOTAL $17478.25 890483 f • MAY 3I1 1989 MR. DON WARDEN FINANCE DIRECTOR WELD COUNTY GREELEY; COLORADO 80631 DEAR MR.WARUF.N, ATTACHED IS A LISTING OF THOSE AMBULANCE ACCOUNTS WHICH HAVE BEEN DEEMED UNCOLLECTABLE. PLEASE PRESENT THESE TO THE BOARD FOR THEIR APPROVAL TO WRITE THEM OFF. CORDIALLY, ARY M CADE, DIRECTOR W 0 COUNTY AMBULANCE SERVICE I 890463 RESOLUTION RE: APPROVE CONTRACT BETWEEN WELD COUNTY AND DEPARTMENT OF LOCAL AFFAIRS CONCERNING RENTAL REHABILITATION AND AUTHORIZE I 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 Contract between Weld County and the Department of 'Local Affairs concerning rental rehabilitation in the Towns of Garden City, Frederick, Eaton, Platteville, Ault, and Keenesburr with the terms and conditions being as stated in said Contract, and WHEREAS, after review, the Board deems it advisable to approve said Contract, a copy of 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 Contract between Weld County and the Department of Local Affairs for rental rehabilitation be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby in, authorized to sign said Contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of June, A.D. , 19£9 .12721i&A '4;0 BOARD OF COUNTY COMMISSIONERS ATTEST: - WELD COUNTY, COLORADO Weld County Clerk and Recorder ,(lil and Clerk to the Board C.W. Kirby, Chairman J eli jft?'rèurTem eputy County erk APPR VED AS TO FORM: Gene R. Bran ner jaS `.-A c George K County Attorney GorF A c _ - 7 - f i/ i 890473 Form AC o:. + rPARTMENT OR AGENCY NUMBER 1 CONTRACT ROUTING NUMBER a iUt •Rerftal Rehabilitation Program CONTRACT THIS CONTRACT.Made this day of — 198 by and between the State of Colorado for the use and benefit of the Department of•' hereinafter referred to as the State, and ,.� hereinafter referred to as the contractor, + WHEREAS,authority exists in the Law and Funds have been budgeted.appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number . G/L Account Number _ , Contract Encumbrance Number : and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies: and WHEREAS„ the United States Government, through Section 17 of the United States Housing Act of 1937, -12 U.S.C. 1437o, has established the Rental Rehabilitation Program ("RRP") and has allowed each state to elect to administer such federal funds for its noncntitlement areas; and WHEREAS, the State of Colorado has elected to administer such funds for its nonentitlement areas through the Colorado Department of Local Affairs, Division of Housing, (DOH) pursuant to C.R.S. 1973, 24-32-705 ( 1 )(i) ; and WHEREAS, the said State Division of Housing has received requests from political subdivisions in Colorado for allocations from the federal Rental Rehabilitation Program ("RRP") from federal fiscal year 1988 available to Colorado; and WHEREAS, said distribution is in conformity with the requirements of the federal rental rehabilitation program as set forth in 24 CFR Part 511, incorporated by reference, and the State requirements as set forth in the approved Division program design dated June, 1988, incorporated by reference, the DOH has allocated funds to said Contractor NOW THEREFORE it is hereby agreed that: 1. Eligible Neighborhoods. The Contractor shall perform and accomplish all the necessary work and services as provided under this Contract within eligible neighborhoods of the Cities of Garden City, > Eaton Ceder#¢ley-----, Plat.!,evillc, Ault and -Keenesbur . Eligible neighborhoods are defined as those in which the median income does not exceed eighty (80) percent of the median income of the area, and there the rents are likely to remain affordable to lower income families for a period of five years. 2. Scop�e, of Services. In consideration for the monies to be received through the State, the Contractor shall undertake the development and administration of a rental housing rehabilitation program for the benefit of Page 1 of 14 pages 195.53-01.1014 •(See insnctons on re.ers<or usi past) 590473 lower income households in accordance with federal requirements as set forth in 24 CrR Part 911, incorporated by reference or as subsequently revised and State requirements as stated in the State's "Program Design" dated July 1922, incorporated by reference. The Contractor shall do, perform, and carry out, in a satisfactory and proper manner as determined by the State, all work elements as indicated below: a) to identify and select appropriate neighborhood(s) for rehabilitation of investor-owned properties based on a thorough understanding of the economic, social, and political dynamics of the community, and the resources available for the rehabilitation effort; b) to develop a strategy for marketing the program to investors of rental properties occupied, or available for occupancy, by lower income households, and assure its implementation upon DOH approval; c) to develop a strategy for marketing the program to financial Institutions willing and able to lend to investors of these properties. and assure its implementation upon DOH approval; d) to develop procedures for evaluating projects based on cii ibiiity and feasibility criteria as outlined in the State's "Program Design" dated July, 193E and for determining any local priorities to be considered in the awarding of monies to projects; e) to determine the financing technique(s) to be used in the program. The contractor may use one, or any combination, of the following techniques: 1) deferred payment loan with forgiveness clause; ii) deferred payment loan with specific terms and conditions for repayment; and or iii) below market interest rate loan. f) when applicable, to assist investors in determining the extent and cost of rehabilitation, in finalizing the bid package, in selecting construction contractors/subcontractors, in notifying tenants of their rights and responsibilities under the program, and in arranging financing for the project. The contractor shall encourage the delegation of appropriate responsibilities to the private sector and utilize streamlined processing procedures; g) to promptly notify the State of projects to be rehabilitated under the program and to request that the State reserve funds for those projects as required by the U.S. Department of Housing and Urban Development's; (H(D) Cash and Management Information System (C/MIS) : h) to develop a schedule for payment of funds for completed construction work through drawdowns of project funds reserved through C/MIS; Page 2 of 14 pages 590473 to promptly complete all reports required by liED and the State. To compile and retain data in the following areas for inclusion in the State Annual Performance Report to HUD: a) meeting RRP objectives, b) program income, c; meeting affirmative marketing objectives, d) utilization of Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) , c) participation by minority property owners, and f) displacement/relocation activities. Responsible _Wininistrntor. The performance of the services required herein shall be the responsibility of the Weld County Housing_Authority, under the direct supervision of Jim Sheehan, Director, an employee or agent of the Contractcr, who is hereby designated as the administrator-in-charge of this Program. At any time the administrator-in-charge ceases to be responsible for the administration of the RRP, all work shall be suspended until the Contractor assigns a .mutually- acceptable replacement. 4. T me_ or Performance. This Contract shall become effective upon Proper execution of Chin Contract and shall conclude on or before July 31, 1390. unless otherwise extended by written approval from the Division. The work described herein shall commence as soon as practicable after the execution of this Contract . The Contractor agrees that one hundred i100) percent of the funds awarded under this Contract shall be committed to local projects Lc: or before October 31 1939. "Commitment of funds" means a legally binding agreement between the Contractor and an owner under which the Contractor agrees to provide rental rehabilitation grant amounts to the owner for a project that can reasonably be expected to start construction within 90 days of that agreement. 3. Cb1icatzon_.,_'xpenditure and Disbursement of Fund_. a) Administrative Expenses. Eligible administrative expenses are reasonable and necessary costs as described in Section 24CFR 511. 4. b) Rehabilitation Expenses. The Contractor shall identify a local financial institution to servo as the depository of RRP funds. After selection of a project, no later than the day of loan closing, the Contractor shall notify the State to establish a project account with the C/MIS. Thereafter, the Contractor assumes responsibility for requesting dracdocns against that account to pay eligible rehabilitation costs. These requested amounts shall be electronically transferred by HUD directly to the Contractor's designated depository. Disbursements are conditioned upon the submission )f satisfactory information about :.he project to HUD by the Contractor and upon compliance with other procedures specified by liED. e, C_>mpensa_i.nn_and_`!etha! of P_}y r_'ent 1) Rehabilitation Expenses. The State agrees to establish mt account c.ith C/MIS in the Contractor's name in the amount of t?ne Hundred Ninety Thousand Dollars (S190,000.00) . This shall be the total amount available for rehabilitation expenses under this contract. Page 3 of 14 pages 890473 lit :\dministrative Expenses. The State agrees to reimburse the Contractor for administrative expenses in an amount not to exceed Ninety Five Hentdred Dollars (s9,300.00) . The Contractor shall periodically initiate administrative crawdown requests by submitting to the Division of Housing a written request using the State provided form, for reimbursement of actual and proper expenditures of RRP administration funds. iii) .1nv costs that exceed the amounts shown in i) and ii) above shall be the sole responsibility of the Contractor. d) Program Income. Program income is defined as the gross income earned by the Contractor generated from use of the RRP funds. Program income includes such items as payment of principal and interest on loans made using RRP funds and interest earned on such income. Program income may be used for any activity which is eligible under 24 CFR Subpart B "Program Eligibility Requirements" for the PRP. The use of program income for such activities is subject to all the requirements for the program listed in 24 CFR Part 511. 10 and the other federal requirements listed in Part 311.11. RRP income may not be used for administrative expenses. RRP funds may not be committed to specific local projects if sufficient program income is on hand and available to fund the ot•ojoet or a substantial portion thereof. 6. Limitation to Particular Funds. The parties hereto expressly reconizc that the Contractor is co be paid, reimbursed, or otherwise compensated with funds provided by HUD for the purpose of contracting for the services provided for herein, and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract arc contingent upon the availability of such funds. In the event that such funds or any part thereof are not available, the State may immediately terminate this Contract. 7. Lower income Benefit. The Contractor agrees that one hundred ( 100) percent of its RRP rehabilitation funds shall be used to benefit lower income families. The 100% benefit standard may be reduced to seventy (70) percent if the Contractor certifies to the State in writing that the reduction is necessary to meet one or both of the following objectives: a) to minimize the displacement of tenants in projects to be rehabilitated: b) to provide a reasonable margin for error due to unforseen, sudden changes in neighborhood rents; failure to complete rehabilitation of projects due to unanticipated circumstances: or other reasonable contingencies. R. Priority to_ _Iarne, Families. The Contractor agrees to ensure that an equitable share of its federal RRP funds shall be used to rehabilitate units occupied by families with children, particularly families requiring three or more bedrooms. by riving priority consideration to those proposals. The State will consider this requirement satisfied if at least 15 percent of the units rehabilitated by the Contractor using federal RRP funds are units of three or more bedrooms. Page 4 of 14 Pages 890473 9. Tenant Assistance Policy Requirement. Within thirty (301 days of execution of this contract, the contractor shall adopt the State's Tenant Assistance Policy, amending the policy as needed to account for local. directives, policies, or concerns. The Contractor shall submit to the State a copy of this amended policy for its approval. 10. Affirmative `Marketing Plan Requirement. Within sixty 1601 days of execution of this contract, the Contractor shall develop a plan describing the methods and procedures that will be used to ensure the affirmative marketing of rehabilitated units and for assessing the investor's affirmative marketing efforts, and the corrective actions that will be taken if an investor fails to follow these affirmative marketing procedures. The Contractor shall submit to the State a copy of this plan for its approval. 11 Financial Management. At all times, from the effective date of this contract until completion of this contract. the Contractor shall comply with the requirements of C%MIS as stated in HUD Notice CPD-88-9.CPD 88-11, CPD 88-23 and any subsequent HUD directive. Contractor's financial management system must be consistent with 24 CFR part 511. 12. Audit. a) Discretionary _Audit. The State or the Federal government or their authorizes representatives shall have the right to inspect, examine, and audit Contractor's records, books and accounts, including the right to hire an independent Certified Public Accountant of the State's choosing and at the State's expense to do so. Such discretionary audit may be called for at arrr time and for any reason from the effective date of this Contract until five (5) years after the date final payment for this Project is received by the Contractor, provided that the audit is performed at a time convenient to the Contractor and during regular business hours. b) Na__ datory audit. Whether or not the State calls for a discretionary audit as provided above. the Contractor shall include the program in an annual audit and audit report as required by the Colorado Local Government Audit Law, C.R.S. 1973, 29-1-601, et seq. Such audit reports shall be simultaneously submitted to DOH and the State Auditor. Thereafter, the Contractor shall supply DOH with copies of all correspondence from the State Auditor related to the relevant audit report. If the audit reveals evidence of non-compliance with applicable law, DOH reserves the right to institute compliance or other appropriate proceedings notwithstanding any other judicial or administrative actions filed pursuant to C.R.S. 1973, 29-1-607 or 29-1-608. 13. Contractor, An Independent Contractor. Contractor shall undertake the performance of all work and services herein set forth as an independent contractor and not as an agent, servant or employee of the State. Contractor shall have no authorization, express or implied, to bind the State to any agreements, settlements, liability or understanding except as expressly set forth herein. Page 5 of 14 Pages • 890473 14. Indemnification. Contractor, in consideration for State's promises herein set forth, promises to indemnify, save and hold harmless and defend the State, and ail of its employees and agents, acting officially or otherwise, from any and all liability, claims, demands, actions, debts and attorney fees arising out of, claimed on account of, or in any manner predicated upon loss or damage to the property of and injuries to, or death of all persons whatsoever, which may occur, or is sustained in connection with the performance of this Contract, or by conditions created thereby, or based upon any violation of any statute, ordinance-, or regulation, and the defense of any such claims or actions. 15. Personnel. The Contractor represents that he has, or will secure at his own expense all personnel, as employees of the Contractor, necessary to perform the t.ork and services required to be performed by the Contractor under this Contract. Such personnel may not be employees of or have any contractual relationship with the State and no such personnel are eligible for any employees benefits, unemployment compensation or any other benefits accorded to State employees and Contractor agrees to indemnify the State for any costs for which the State may be found liable in this regards. All of the services required hereunder will be performed by the Contractor er under his supervision. 16. Sus_pensi.on. If the Contractor fails to comply with any contractual provision, the State may, after notice to the Contractor, suspend the contract and authorize the withholding of further payments or prohibit the contractor from incurring additional obligations of contractual funds, pending corrective action by the Contractor or a decision to terminate in accordance with Paragraph 17 below. The state may determine to allow such necessary and proper costs which the Contractor could not reasonably avoid during the period of suspension provided such costs were necessary and reasonable for the conduct of the project. 17. Termination. This contract may be terminated as follows: a) Termination_ Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is to be paid with federal RRP funds provided to the State for the purpose of contracting for the services provided for herein and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to payment arising under the Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof arc not received by the State, the State may immediately terminate or amend this Contract. b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages Page 6 of 14 Pages 890473 sustained by the State by virtue of any breach of the Contract by the Contractor. and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor is determined. c) _term nation for Convenience. The State may terminate this Contract at any time the State determines that the purposes of the distribution of RRP monies under the Contract would no longer be served by completion of the Program. The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event. all finished or unfinished documents and other materials pertaining to the Program shall, at the option of the State, become its property. If this Contract is terminated due to the fault of the Contractor, Paragraph 16b hereof relative to termination shall apply. 13. Modification and Amendment. This contract is subject to such modifications as may be required by changes in federal or state law or regulations. Any such required modification shall be incorporated into and be part of this Contract as if fully set forth herein and approved in accordance with applicable law. 19. Integration. This Contract, as written, with attachments and/or references, is intended as the complete integration of all understanding between the nartics at this time and no prior or contemporaneous -u'ddition, deletion or amendment hereto shall have any force or effect whatsoever, unless embodied in a written contract amendment incorporating such changes, executed and approved pursuant to applicable law. 20. R R rttss. a) Financial Reports. The Contractor shall submit to the State, within three (3) days of submission to HUD, one (1) copy of each report submitted to C/MIS. b) Programmatic Reports. The Contractor shall submit to the State one ( 1) copy of quarterly programmatic reports and of a final programmatic report in a mariner and method to be prescribed by the State. c) Affirmative Marketing Report. The Contractor shall submit to the State one ( 1) copy of an annual report relative to the affirmative marketing of the rehabilitated units in a manner and method to be prescribed by the State. 21. Monitoring and Evaluation. The State will monitor and evaluate the Contract with the Contractor under the RRP. The Contract will be monitored for compliance with the rules, regulations, requirements and guidelines which the State and HIM has promulgated or may promulgate and will be monitored periodically during the operation of the project and upon its completion. The Contract will also be subject to monitoring and evaluation by the U.S. Department of Housing and Urban Development. The Contract will be evaluated to gauge its impact upon lower-income residents of the community, and for the effective and efficient utilization of RRP funds. Page 7 of 34 Pages 890473 22. Conflict of Interest. a) No employee, officer or agent of the Contractor shall participate in the selection, or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. The Contractor's officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from subcontractors, potential subcontractors, or parties to subagreements. b) No employee of the Contractor shall perform or provide part-time services for compensation, monetary or otherwise, to a consultant or consulting fine that has been retained by the Contractor under the authority of this Contract. c) The Contractor agrees that no person at any time exercising any function or responsibility in connection with this Program on behalf of the Contractor shall have or acquire any personal financial or economic interest, direct or indirect, which will be materially affected by this Contract, except to the extent that he may receive compensation for his performance pursuant to this Contract. d) A personal financial or economic interest includes, but is not limited to: i) any business entity in which the person has a direct or indirect monetary interest; ii) any real property in which the person has a direct or indirect monetary interest; iii) any source of income, loans, or gifts received by or promised to the person within twelve (12) months prior to the execution date of this Contract; iv) any business entity in which the person is director, officer, general or limited partner, trustee, employee, or holds any position of management. e) For purpose of this Paragraph 21, indirect investment or interest means any investment or interest owned by the spouse, parent, brother, sister, son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, or daughter-in-law of the person, by an agent on his/her behalf, by a general, limited or silent partner of the person, by any business entity controlled by said person, or by a trust in which he/she has substantial interest. A business entity is controlled by a person if that person, his/her agent, or a relative as defined above possesses more than fifty (50) percent of the ownership interest. Said person has a substantial economic interest in a trust when the person or an above-defined relative has a present or future interest worth more than One Thousand Dollars (S1,000) . Page 8 of 14 Pages 890473 (') In the event a conflict of interest, as described in this Paragraph 21, cannot, be avoided without frustrating the purposes of this Contract, the person involved in such a conflict of interest shall submit to the Contractor and the State a full disclosure statement setting forth the details of such conflict of interest. In eases of extreme and unacceptable conflicts of interest, as determined by the State, the State reserves the right to terminate the Contract for cause, as provided in Paragraph 16 above. Failure to file a disclosure statement required by this Paragraph 21 shall constitute grounds for termination of this Contract for cause by the State. 23. Comjliance with Applicable Laws• At all times during the performance of this Contract, the Contractor and any subcontractors shall strictly adhere to all applicable federal and state laws, rules, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. The applicable federal laws and regulations include, but are not limited to the following: a) Xat_ional _Envirorunental Policy Act of 1969 (42 USC 4321 et seg. ) , as amended, and the implementing regulations of HUD (24 CFR Part 58) and of the Council on Environmental Quality (40 CFR Parts 1500 - 1508) providing for establishment of national policy, goals and procedures for protecting, restoring and enhancing environmental quality. h) Davis-Bacon Fair Labor Standards Act (40 USC 276a - 276a-5) requiring that on all contracts and subcontracts for federally-assisted rehabilitation, laborers and mechanics employed by contractors or subcontractors shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor. (This requirement applies to the rehabilitati.on of residential property only if such property contains twelve ( 12) or more dwelling units) . c) Contract Work Hours and Safety Standards Act of 1962 (40 USC 327 et seq. ) requiring that mechanics and laborer's employed on federally-assisted contracts which exceed $2,000 be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of eight in a calendar day or forty in a work week, whichever is greater. (This requirement applies to the rehabilitation of residential property only if such property contains twelve ( 12) or more dwelling units) . d) Copeland "Anti-Kickback" Act of 1934. (40 USC 276 (c)) prohibiting and prescribirtg penalties for "kickbacks" of wages in federally-financed or assisted construction activities. e) Thei,ead-Aased Paint _Poi sonir _Prevention Art -- Title TV (42 USC 4831 ) prohibiting the use of lead-based paint in residential structures constructed or rehabilitated with federal assistance, and requiring notification to purchasers and tenants of such housing of the hazards of lead- based paint and of the symptoms and treatment of lead-based paint poisoning. Page 9 of 14 Pages 890473 f) Sec tieD _Lot. the Housi.n8 ssnd Community Development Act of 1968 (12 USC 1701 (u) ) , as amended, providing that, to the greatest extent feasible, opportunities for training and employment that arise through HLD-financed projects, will be given to lower-income persons in the project area, and that contracts be awarded to businesses located in the project area or to businesses owned, in substantial part, by residents of the project area. g) Section 109 of the Housing_and Community Development Act of 1974 (42 USC 5309) , as amended, providing that no person shall be excluded from participation (including employment) , denied program benefits or subjected to discrimination on the basis of race, color, national origin or sex under any program or activity funded in whole or in part under Title I (Community Development) of the Act. h) Title \T of the Civil Rights .act of 1964 (Pub. L. 88-352; 42 USC 2000 (d) ) prohibiting discrimination on the basis of race, color, or national origin in any program or activity receiving federal financial assistance. 1 ) Title._VIII of the Civil Rif/hts Act of 1968 (Pub. L. 90-284; 42 USC 3601) , as amended, popularly known as the Fair Housing Act, prohibiting housing discrimination on the basis of race, color, religion, sex, or national origin, and requiring HUD to administer its programs in a manner which affirmatively promotes fair housing. j) Executive Order 11246 (1965) , as amended by Executive Orders 11375, prohibiting discrimination on the basis of race, color, religion, sex or national origin in any phase of employment during the performance of federal or federally-assisted contracts in excess of $2,000. k) Executive Order 11063 (1962) , as amended by Executive Order 12259, requiring equal opportunity in housing by prohibiting discrimination on the basis of race, color, religion, sex or national origin in the sale or rental of housing built with federal assistance. 1) Section 304 of the Rehabilitation Act of 1973 (29 CSC 793) , as amended, providing that no otherwise qualified individual shall, solely by reason of a handicap, be excluded from participation (including employment), denied program benefits or subjected to discrimination under any program or activity receiving federal funds. m) Age Discrimination Act of 1975, (42 USC 6101 ) , as amended, providing that no person shall be excluded from participation, denied program benefits or subjected to discrimination on the basis of age under any program or activity receiving federal funds. n) Uniform Relocation Assistance and Real Property_Acctuisition_Policies Act of 1970 as required under $570.606(a) and Federal implementing regulations; the requirements in $570.606(b) governing the residential attidisplacement and relocation assistance plan under section 104(d) of the Act (including a certification that the grantee is following such a plan) ; the relocation requirements of $570.606(c) governing displacement subject to section 104(k) of the Act; and the relocation requirements of S570.606(d) governing optional relocation assistance under section 105(a) (11) of the Act. Page 10 of 14 Pages 8904'73 21. Scverabiltty. To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term. 25. Bi.ndine on Successors. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns. 26. Subletting,__ Assignment or Transfer, Neither party nor any subcontractors hereto may sublet, sell, transfer, assign or otherwise dispose of this Contract or any portion thereof, or of its rights, title, interest or duties therein, without the prior written consent of the other party. No subcontract or transfer of Contract shall in any case release the Contractor of liability under this Contract. 27. Minority Business Enterprise Participation. It is the policy of the State of Colorado that minority business enterprises shall have the maximum practicable opportunity to participate in the performance of its construction grant contracts. The Contractor agrees to use its best efforts to carry out this policy to the fullest extent practicable and consistent with the efficient performance of this contract. As used in this contract, the term "minority business enterprise" means a business, at least 50 percent of which is owned by minority group members or, in the case of publicly owned businesses, at least 51 percent of the stock of which is owned by minority group members. For the purposes of this definition, minority group members are Negroes or Black Americans, Spanish-speaking Americans, Asian Americans, American Indians, American Eskimos and American Aleuts. The Contractor may rely on written representations by bidders, contractors, and subcontractors regarding their status as minority business enterprises and need not conduct an independent investigation. 28. Non-Discrimination. The Contractor shall comply with all applicable State and Federal laws, rules, regulations and Executive Orders of the Governor of Colorado involving non-discrimination on the basis of race, color, religion, national origin, age, handicap or sex. In compliance with Paragraph 5 of the Special Provisions section of this contract, Contractor agrees to consider minorities or minority businesses as employees, specialists, agents, consultants or subcontractors under this Contract. Contractor may utilize the expertise of the State Minority Business Office within the Office of the Governor for assistance in complying with the non-discrimination and affirmative action requirements of this contract and applicable statutes. 29. Applicant Statement of Assurances and Certifications. The Contractor has previously executed an "Applicant Statement of Assurances and Certification" copy of which is attached hereto, incorporated and made a part hereof as if fully set forth herein, and is identified for reference as Attachment A. Page 11 of 14 Pages 890473 30. Survival of Provisions. Notwithstanding any termination of this contract, the same shall continue in force and effect as to any provisions hereof which require observance or performance by the State and Contractor subsequent to the date specified for termination, and it is understood and agreed such provisions shall survive any said termination. Page 12 of 14 pages 89O473 , Earmark(him SPECIAL PROVISIONS <'<)\TNIII.LtI;:, APIT( ,%I. 1. This contract halt not he deemed s alto until it shall base been approved h)the Controller of the State of Colorado or such assistant as he may designate This pros icior, is apple able to any contract intuits ing the payment of money by the State. FUND At.A ILAN'LITY 2, Financial ohlieaban.of the State pa)anle after the current fiscal year are contingent upon funds for that purpose being appropriated.budgeted and otherwise made as ad able BONI) ItEltt'IRE>IEN'I 3. If this si inoa;i ins ais es the pat mein'if more than lifiy thousand dollars for the construction,erection,repair,maintenance,or improvement of any building. road.bridge,s ctduct.tunnel.weds anon or tarter public works tot this State.the contractor shall.before entering the performance of any such work included in this contract.du Is sceuic and delis er to and file with the official whose signature appears below for the State,a good and sufficient bond or other acceptable surety to be mints co m said',Metal in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such tend shall be duly executed by a yuabticd Corporate surety.cond,oned for the due and faithful performance of the contract,and in addition,shall provide that tithe contractor or his subcontractors fail to dui) pa'. for an) later.materials.team hire.sustenance.provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in performance i:l the work contrived to he done,the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum.Unless such hind.when so required,is executed.delivered and filed,no claim in favor of the contractor arising under this contract shall be audited,allow cd or paid.A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with 38.26.106 CRS.as amended, INDEMNIFICATION 4. To the extent authorized by law.the contractor shall indemnify.save and hold harmless the State,its employees and agents.against any and all claims, damepest habilits and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees. agents, subcontractors.or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the lever and spint of the Colorado Antidiscrimination Act of 1957,as amended.and other applicable law respecting discrimination and unfair employment practices(2d-3a—t02_.CRS 1982 Replacement Vol.).and as required by Executive Order.Equal Opportunity and AfTirma- tive Action. cited April 16. 1975. Pairsaunt Thereto, theJolloicing prov,s,OOs snail be Conjoined In oil State contracts Or sub-contracts. During the performance of this contract,the contractor agrees as follows: (1) The contractor will not discnmlate against any employee or applicant for employment because of race,creed,color,national origin.sex,marital status, religion.ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed.and that employees are treated curing employment,without regard to the above mentioned charaetenstics.Such action shall include,but not be limited to the following:employment, upgrading•demotion,or transfer,recruitment or recruitment advertising;lay-offs or terminations:rates of pay or other forms of compensation:and selection for training.including apprenticeship.The contractor agrees to post in conspicuous places.available to employees and applicants for employment,notices to be pro- vided b) the contracting officer setting forth provisions of this non-discrimination clause. (2) The contractor will,in all solici-anons oradverttsements for employees placed by or on behalf of the contractor.state that all qualified applicants will receive consiacrauon for employment witnout regard to race,creed,color,national origin, sex,manta) status,religion, ancestry,mental or pnysical handicap,or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understand- ing.notice to be provided by the contracting officer.advising the labor union or workers'representative of the contractor's cormniunent under the Executive Order.Equal Opportunity and Affirmative Action,dated April 16, 1975,and of the rules,regulations,and relevant Orders of the Governor. 131 The contractor and labor unions will furnish all information and reports required by Executive Order.Equal Opportunity and Affirmative Action of April 16. 197.5,and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books.records.and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity,because of race,creed,color, sex,national origin,or ancestry. (6) A labor orgaraaauon,or the employees or members thereof will not aid,abet.inene,compel or coerce the doing of any act defined in this contract to be dis- criminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder:or attempt either Directly or indirectly,to comma any act defined in this contract to oe discriminatory. 395-53.0 I•1022 Revised 1/88 page 13 of 14 pages dao O7)OaNa • 890473 • • Form 6.AC-02C t7) In tne event of the contractor's non•compbance w the non-discrimination clausesofthrs Contractor Of dh ans of such ruies,regulations.or oroenyt^.:. contract ma) be cancelled.terminated or suspended in whole or in pen and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action ot Apnl 16, 1975 and the rule.,regulations.or oroen promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order.Equal Opportunity and Affirmative Action of Apnl 16. 1975, or by ivies, regulations. or orders promulgated in accordance therewi O. or as othensise provided by law, (81 The contractor will include the provisions of paragraph(I)through 181 in every sub-contract and subcontractor purchase order unless exempted by rules. regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of Apnl 16.1975,so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct,as a means of enforcing such provisions,including sanctions for non-compliance;provided,however.that in the event the contractor becomes'mots ed in.or is threatened with.litigation with the subcontractor or vendor as a result of such direction by the contracting agency the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of 8.17.101& 102.CRS for preference of Colorado labor ere applicable to this contract if public works within the State are undertaken hereun• der and are financed in whole or in pan by State funds. h. When construction contract for a public project is to be awarded to a bidder,a resident bidder shall he allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidoer is a resident.If it is deter- mined by the officer responsible for awarding the Did that compliance with this subsection.06 may cause denial of federal funds which would otherwise be avail- able or would otherwise he inconsistent with reouirements of federal law,this subsection shall be suspended,hut only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements (section 8-19-101 and 102. CRS). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation.execution and enforcement of this contract,Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial hody or person or which is otherwise in conflict with said laws,rules and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,defense or otherwise.Any provision rendered null and void by the operation of this provision will not invalidate tne remainder of this contract to the extent that the contract is capable of execution, 8. At all tames dunng the performance of this Contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that have been or may hereafter be established. 9. The signatories hereto aver that they are familiar with 18.8.301,et,seq.,(Bribery and Corrupt Influences)and 18.8.401,et.seq.,(Abuse of Public Office). CRS 1978 Replacement Vol., and that no violation of such provisions is present, 10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above wnnen. Contractor: (Full Legal Name) Weld County Bnnrd of Cis rtcssioners sure oFcot.oRADo By c f et ROY ROMER, GOVERNOR C.W. Kirby By '5 EXECUTIVE DIRECTOK Position(Title) Chat rman 84-6000813 Social kNmy Number or Nona'I.D.humor DEPARTMENT OF (It (Seadoit.,7z Attest(813:V4 �"� (Se,/a/l) Byy 4-7JU7%r—c C—Coreenu y.rntar',or Eevwuem, ,Giy/Corny Gen APPROVALS ATTORNEY GENERAL CONTROLLER By By Page 14 .Nee it tae lam or14 a.an 3934341.10301 Paned I/cal 'See mavvaww on rent is.. DC-so,3)0s.al 890473 1PierAztMemo to : '� �*� A..^e. Date : L - .2 - r9 From : !a f-•L;.. ��= . ��K Re : eels' -r:'GC'E' t t-C-�4 C-�r !2-c1 \y/J �7.`±t c 2 -�.z ,,- . /& -G ' - r&'e .a CtZet:CIr Alm e 'CC/--elet�c' WE 01 032 890473 RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY AND TOWN OF EATON 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 an Intergovernmental Agreement between Weld County and the Town of Eaton regarding implementation of a Rental Rehabilitation Program, and WHEREAS, the terms and conditions are as stated in said Agreement, and WHEREAS, after review, the Board deems it advisable to approve said Intergovernmental Agreement, a copy of 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 Intergovernmental Agreement between Weld County and the Town of Eaton regarding implementation of a Rental Rehabilitation Program be, and hereby ic , approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said Intergovernmental Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of June , A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the B and C.w. .irb , Ch rman ) BY: _—/ -K,t2 ne J son, Pro-Tem eputy County lerk APPROVED AS TO FORM: ene R. Brantner ,4� George I<e ne County Attorney Gor L / 890474 11INTERGOVERNMENTAL AGREEMENT - 1888 OCT 1 1999 UPS -£ THIS AGREEMENT, entered into this 10th day of 19 88 . by ant between the BOARD OF COMMISSIONERS OE WELD COUNTY , COLORADO. a hodv nos : tic of the State of Colorado, herelna*fr raised "the rc.) INTy" and the Town...of Eaton -_--.. _ _.._. A body politic hnrn: nafter called " The Town " WITNESSETH: WHEREAS, curt.uant to the Housing and Urban-Rural Recovery Act of 1QB?, here: natter called "the ACT. ' the Unites States, acting by and through the Secretary o4 the Department of Housing and Urban Development . hereinafter called "HUD, has made available to the State oa Colorado certain funds for the implementation of a Rental Rehabilitation Program; and WHEREAS. the State .f Colorado. through the Department of Local Affa; ro, hat the legal authority to provide funds tC counties for Rental Rehabilitation activities; and WHEREAS. the Town ha=. expressed interest in allowing the program to operate within its jurisdiction; and 'A'EREAS, t hr' County has i nd: rated a wi l 1 i ngnn n to submit a ;irngr$m proposal to the State to carry out the HUD Rental Rehabilitation , and WHEREAS, the parties, hereto desire to provide assurances and delineate the areas O4 cooperation between the County and the Town with respect to Rental Rehabilitation activities: 890474 NOW. THEREFORE. in furtherance of said RESOLUTION, and in consideration of the mutual conditions. covenants and agreements hereon contained , it is agreed by and between the parties as follows: 1 . Planning the Rental Rehabilitation Program: The oarties, through their executives and staff . shall cooperate with each other in developing the Rental Rehabilitation proposal • with all parties giving clue consideration to the needs o+ its citizens and goals. objectives. rules and regulations o+ the ACT. Term of the Agreement: This; Agreement shall remain in full force and of+sct for so long as the parties to this Agreement are pursuing Rental. Rehabilitation funding for said proposed project or . if awarded. carrying out ouch project activities. Any party to this Agreement may, however , terminate 1tt. participation in this Agreement six months a+ter providing written notice of such termination to the other parties to this Agreement . This Agreement may be terminated at any time by agreement of all parties to this Agreement unless a grant contract 1 in effect with the State. In this case. the State must approve such termination and arrangements for completing the project. Authorization to Submit a Proposal : The County i5 authorized to submit a proposal to the State On behalf o+ _ the_ Town -_-- to apply for 4undo under the HUD Rental Rehabilitation Program and to act on behalf of _ .the Town with regard to any subsequent negotiations„ presentations or Information in conjunction with the grant application. 4. Responszbilitins: the Town sHal. i have no obligations or respon,ibilitie. financial or otherwise. concerning the administration of the Rental Rehabilitation Program and the County 890474 agrees to indr'mnifv the Town from any and all liability. loss or damage the Town may suffer : n connection with the adm nistration or the project upon acoroval of the proposal . IN WITNESS WHEREOF, the parties hereto have hereunto set their hand and .cal on the day and year above written. ATEST: HOARD OF COUNTY COMMISSIONERS WELD COUNTY CLERK RECORDER CHAIRMAN i -.-, 117.1.(ciit t e-2 c. a) CITY 0P Eaton DEFU V COUNTY CLERK 6:1477._ _____ __ MAYOR 890474 RESOLUTION RE: APPROVE. INTERGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY AND TOWN OF AULT 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 an Intergovernmental Agreement between Weld County and the Town of Ault regarding implementation of a Rental Rehabilitation Program, and WHEREAS, the terms and conditions are as stated in said Agreement, and WHEREAS, after review, the Board deems it advisable to approve said Intergovernmental Agreement, a copy of 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 Intergovernmental Agreement between Weld County and the Town of Ault regarding implementation of a Rental Rehabilitation Program be, and hereby is , approved . BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said Intergovernmental Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of June, A.D. , 1989 . i€4 BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.W. Kir y, Ch rman 07/ m,s y zaJ J el e Joh on, Pro-Tem eputy County erk APPROVED AS TO FORM: Gene R. Brantner cr Georgened, ounty Attorney Gord6n act 890475 . P • r % V S r v * . . , . . . . .. . . • ,. . . . . • ... . . . INTERGOVERNMENTAL AGREEMENT '968 AUG i C !989 JUN -E °CTHIS AGREEMENT, entered into this g' day of _ kr 1971, by and between the BOARD OF COMMISSIONERS OF- WELD COUNTY , COLORADO, a body politic of the State of Colorado, hereinafter called "the COUNTY" and the at 1�- __ � , a body politic hereinafter called " 044: WITNESSETH: WHEREAS, pursuant to the Housing and Urban-Rural Recovery Act of 1983, hereinafter called "the ACT, " the United States, acting by and through the Secretary of the Department of Housing and Urban ' Development, hereinafter called "HUD. " has made available to the State of Colorado certain funds for the implementation of a Rental Rehabilitation Program: and WHEREAS, the State of Colorado, through the Department of Local Affairs has the legal authority to provide funds to counties for Rental Rehabilitation activities; and WHEREAS, the S has expressed interest in allowing the program to operate within its jurisdiction; and WHEREAS. the County has indicated a willingness to submit a program proposal to the State to carry out the HUD Rental Rehabilitation ; and WHEREAS, the parties hereto desire to provide assurances and delineate the areas of cooperation between the County and the ,t-ty--'V with respect to Rental Rehabilitation activities; 890475 NOW, THEREFORE. .n f'irtherance of said RESOLUTION, and in consideration of the mutual conditions, covenants and agreements herein contained, it is agreed by and between- the parties as follows: „ 1. Planning the Rental Rehabilitation Program:" The parties, through their executives and staff , shall cooperate with each other in developing the Rental Rehabilitation proposal , with all parties giving due consideration to the needs of its citizens and goals, objectives, rules and regulations of the ACT. 2. Term of the Agreement: This Agreement shall remain in full force and effect for so long as the parties to this Agreement are pursuing Rental Rehabilitation funding for said proposed project or, if awarded, carrying out such project activities. Any party to this Agreement may, however, terminate its participation in this Agreement six months after providing written notice of such termination to the other parties to this Agreement. This Agreement may be terminated at any time by agreement of all parties to this Agreement unless a grant contract is in effect with the State. In this case, the State must approve such termination and arrangements for completing the project. 3. Authorization to Submit a Proposal : The County is authorized to submit a proposal to the State on behalf of vim.! to apply for funds under the HUD Rental Rehabilitation Program and to act on behalf of with regard to any subsequent negotiations, presentations or information in conjunction with the grant application. 4. Responsibilities: __� L. shall have no obligations or responsibilities, financial or otherwise, concerning the administration of the Rental Rehabilitation Program and the County 590475 • agrees to indemnify �� from any and all liability, loss or. damage 447.4t may suffer in connection with the administration of the project upon approval of the proposal . IN WITNESS WHEREOF, ..the parties hereto have hereunto set their hands and seals on the day and year above written. AT EST: BOARD OF COUNTK COMMISSIONERS 8Y__1�� . ' WELD COUNTY CLERK ND RECORDER CHAIRMAN r- 2/1724-=to=�_ CZ*K OF __Y ern DEPU4Y COUNTY CLERK {,y MAYOR o'r #75 RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY AND TOWN OF GARDEN CITY 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 an Intergovernmental Agreement between Weld County and the Town of Garden City regarding implementation of a Rental Rehabilitation Program, and WHEREAS, the terms and conditions are as stated in said Agreement, and WHEREAS, after review, the Board deems it advisable to approve said Intergovernmental Agreement, a copy of 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 Intergovernmental Agreement between Weld County and the Town of Garden City regarding implementation of a Rental Rehabilitation Program be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman he, and hereby is, authorized to sign said Intergovernmental Agreement. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 12th day of June, A.D. , 1989 . *47thBOARD OF COUNTY COMMISSIONERS ATTEST: WELDCOUNTY, C�OLOPADO Weld County C erk and Recorder /4", and Clerk to the Board C.W. KirAb_ , Ch _rman•• aa�� V e �J?Tson, Pro-Tom Deputy County Clerk APPROVED AS TO FORM: ene R. Bran/t/e , lGeore ounty Attorney • Cord n ac_ ;; 890476 4 0 E Tel INTERGOVERNMENTAL AGREEMENT 'o NJ '.989 JUN =E THIS AGREEMENT. entered into this _:23O_ day of _ I . 19j, by and between the BOARD OF COMMISSIONERS OF WELD COUN y . COLORADO. a body politic of the State of Colorado. hereina+ter called "thee COUNTY" and the _Jo.Wri_ Qt .1.2.2.(4970_11_,&/___. a body poi H t i c hereinafter called __....__...---12.- —10V• ')!\. WITNESSETH: WHEREAS. pursuant to the Housing and Urban-Rural Recovery Act of 19e . hereinafter called "the ACT. " the United States. acting by and through the Secrotar v of the Department of Housing and Urban Development. hereinafter called "HUD. " has made available to the State O+ Colorado certain tends for the implementation of a Rental Rehabilitation Program: and WHEREAS. the State of Colorado. through the Department o+ Local Affairs has the legal authority to provide funds to counties tor Rental Rehabilitation activities: and WHEREAS. the ±au __, has expressed interest in allowing the program to operate within its Jurisdiction: and WHEREAS, the County has indicated a willingness to submit a program proposal to the State to carry out the HUD Rental Rehabilitation : and WHEREAS. the parties hereto desire to provide assurances and delineate the areas of cooperation between the County and the —tow r_ _„_ with respect to Rental Rehabilitation activities: 890476 • NOW. THEREFORE. in furtherance of said RESOLUTION, and in consideration of the mutual conditions, covenants and agreement:, herein contained, it is agreed by and between the parties as follows: 1 . Planning the Rental Rehabilitation Program: The parties. through their executives and staff . shall cooperate with each other in developing the Rental Rehabilitation proposal . with all parties giving duo consideration to the needs of its citizens and Goals, objectives. rules and regulations of the ACT. 2. Term o4 the Agreement: This Agreement shall remain in full force and effect for so long as the parties to this Agreement are pursuing Rental Rehabilitation funding for said proposed project or . if awarded. carrying out such ❑roJect activities. Any party to this Agreement may, however, terminate its participation in this Agreement six months after providing written notice of such termination to the other parties to this Agreement . This'• Agreement may be terminated at any time by agreement of all parties to this Agreement unless a grant contract is in effect with the State. In this case. the State must approve such termination and arrangements for completing the protect . t. Authorization to Submit a Proposal : The County is authorized to submit a proposal to the State on behalf ofl.t)jn____ to apply for funds under the HUD Rental Rehabilitation Program and to act on behalf of b= eL_ LVrl_ ._ with regard to any subsequent negotiations. presentations or information in conjunction with the Grant application. 4. Responsibilities: e. gwt/L__ shall have no obligations or responsibilities, financial or otherwise. concerning the administration of the Rental Rehabilitation Program and the County s90476 agrees to indemnify _ Tie_ _1Ou1 from any and all liability. loss or damage _LQ_WV1 may suffer in connection with the adrnin: stration of the project upon approval of the proposal . IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year above written. f'TT - T• POARD OF COUNTY COMMISSIONERS 722ii; IP4A00% qy _ntlfrer WELD COUNTY CLERK VD RECORDER CHAIRMAN r ics i �-• , C�7J�-nom-- --- CITY OF � .aa'�..�.�__Ccccz-- DEP V COUNTY CLERK ' I` MAYOR ✓//� 390476 1 RESOLUTION RE: APPROVE JUVENILE DIVERSION PROGRAM CONTRACT WITH THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE, 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 Contract with the Department of Public Safety, Division of Criminal Justice, concerning the Juvenile Diversion Program, and WHEREAS , the term of said Contract is from July 1 , 1989 , through June 30 , 1990 , with the further terms and conditions being as stated in the Contract, and WHEREAS, after review, the Board deems it advisable to approve said Contract, a copy being attached hereto and incorporated herein by reference. NOW, THEREFORE, PE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract with the Department of Public Safety, Division of Criminal Justice, concerning the Juvenile Diversion Program he, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of June, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: it WELD COUNTY, COLORADO Weld County Jerk and Recorder `, ///44 and Clerk to the Board C.W. K2.rby, Ch rman _BY: 1 e Jo . on, -Tem Deputy County erk APPROVED AS O FORM: .ene R. Bran er George KK County Attorney Go a 890490 . . � : ✓- Ponn foAC,02A(R 1/8(i) DEPARTMENT OR AGENCY NUMBER 460000 CONTRACT ROUTING NUMBER CONTRACT THIS CONTRACT,Made this 30th day of May 1989 ,by and between the State of Colorado for the use and benefit of the Department of Public Safety, Division of Gaimi.4al Justice, 700 Kip ling (Suite 3000) . Denver, Colorado 80215 hereinafter referred to as the State, and .2 OffirP of the District lIttnrnAy 19th Judicial nictriCt P O Box 1157 Grtap1ay, CO R0532 hereinafter referred to as the contractor, WHEREAS,authority exists in the Law and Funds have been budgeted.appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 1003, G/L Account Number_5265.6—., Contract Encumbrance Number ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, " the Department of Public Safety, Division of Criminal Justice, is authorized under 19-2-303, C.R.S. , to establish and administer Juvenile Diversion programs; and WHEREAS, the Colorado General Assembly has appropriated $926,400 for ongoing and new Juvenile Diversion programs, as defined in the "Colorado Children's Code", for Fiscal Year 1989-1990 (July 1, 1989 to June 30, 1990) ; and WHEREAS, the Contractor has the ability to manage and deliver programs and services to divert delinquent youth from further penetration or involvement in the juvenile justice and correctional system; and WHEREAS, the Contractor was selected to deliver Juvenile Diversion services in compliance with State procurement rules through REP #MG-0789 . . . . NOW THEREFORE, it is hereby agreed that 1• STATEMENT OF WORK a. The Contractor shall manage a community-based program for delinquent youth to divert them from further i.wolvement in the Justice/Correctional System. b. The above services shall be provided by the Contractor in accordance with the program propcsal dated July 1, 1989 through June 30, 1990, which is incorporated and made a part hereof as if fully set forth herein, and attached hereto for reference as Exhibit A. 2. STATEMENT OF DOLLARS a. The State shall provide no more than 75 percent of total project funds during the contract period and the Contractor shall provide at least 25 percent of the funds during the contract period, commencing July 1, 1989. The State share Page 1 of_3_ pages 89049c 39S-S347•10i4 '(Sce(nstm0Uon,on reverse or fast Rage) v) The Contractor will identify any cost allocation methods used in distributing portions costs. c. The State shall disallow the reimbursement of expenditures or funding advances that are determined by the State to be for: i) Alcoholic beverages; ii) Costs not incurred during the contract period; iii ) Program costs not approved by the State in Attachment A; iv) Bank overdraft charges or penalty interest expenses; and v) Capital outlay in excess of 3250.00 per purchased item where prior approval was not obtained from the State. 4. STATEMENT OF FISCAL UNDERSTANDING a. The Contractor agrees that until an accepted Fidelity Bond is obtained, no advance funds can be made available from the • State, and that such Fidelity Bond shall be equal to 16 percent of the contract amount to ensure refunds in the event of an audit exception. The Contractor or employees of the Contractor who have responsibility for receipt and/or disbursement of money under this contract shall be required to be bonded. The State shall be immediately notified of bond cancellation either by the underwriter or the Contractor. A copy of the certificate of the Fidelity Bond is attached to the Exhibit A, documenting coverage during the entire contract period. b. Within thirty (30) days of the end of the contract period, the Contractor shall submit to the State a final record of Expenditures using the form attached as Exhibit C. Any monies dispersed in excess of actual costs and expenditures as reflected by that report shall be refunded to the State by the Contractor within the same thirty (30) day period. c. Within thirty (30) days of the end of the contract period, the Contractor shall refund to the State any share of the State contribution not matched by the required local cash and/or in-kind contribution. d. The Contractor agrees to complete and pay the cost of an independent fiscal audit for any fiscal or calendar year within the past two years or agree to an audit by a State auditor, if available, and deliver such audit to the State prior to December 31, 1989. Such requirement may be waived, all or in part, by the State. 890490 Page 3 of 11 RESOLUTION RE: APPROVE JUVENILE DIVERSION PROGRAM CONTRACT WITH TEE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE, 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 Contract with the Department of Public Safety, Division of Criminal Justice, concerning the Juvenile Diversion Program, and WHEREAS , the term of said Contract is from July 1 , 1989 , through Juno 30, 1990, with the further terms and conditions being as stated in the Contract, and WHEREAS, after review, the Board deems it advisable to approve said Contract, 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 Contract with the Department of Public Safety, Division of. Criminal Justice, concerning the Juvenile Diversion Program be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said Contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of June, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: i � J WELD COUNTY, COLORADO Weld County Jerk and Recorder and Clerk to the Board C.W. Kirby, Ch rman • BY � , au 1 e+seek— +de , Pro-Tem ty County erk APPROVED AS O FORM: .ene R. Bran e George K County Attorney Go ,a 890490 /.. ,rJ Penn 641/4C-02A(R I/gg) DEPARTMENT OR AGENCY NUMBER 460000 CONTRACT ROUTING NUMBER CONTRACT THIS CONTRACT, Made this 30th day of May 198 9 ,by and between the State of Colorado for the use and benefit of the Department of Public Safety, Division of Crim ,tla),d t,Ace, 700 Kipling (Suite 3000) , Denver, Colorado 80215 hereinafter referred to as the State, and " riff ice. of the ❑istrirt Attorney, 19th Judi cial District _PA—O—Box 11U...—Greeley, CO Rn612 hereinafter referred to as the contractor, WHEREAS,authority exists in the law and Funds have been budgeted.appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 1001`_, G/L Account Number _.5265-6—, Contract Encumbrance Number . ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, " the Department of Public Safety. Division of Criminal Justice, is authorized under 19-2-303, C.R.S. , to establish and administer Juvenile Diversion programs; and WHEREAS, the Colorado General Assembly has appropriated $926,400 for ongoing and new Juvenile Diversion programs. as defined in the "Colorado Children's Code", for Fiscal Year 1989-1990 (July 1, 1989 co June 30, 1990); and WHEREAS, the Contractor has the ability to manage and deliver programs and services to divert delinquent youth from further penetration or involvement in the juvenile justice and correctional system; and WHEREAS, the Contractor was selected to deliver Juvenile Diversion services in compliance with State procurement rules through RFP 9MG-0789 . . . . NOW THEREFORE, it is hereby agreed that I. .r STATEMENT OF WORK a. The Contractor shall manage a community-based program for delinquent youth to divert them from further involvement in the Justice/Correctional System. b. The above services shall be provided by the Contractor in accordance with the program proposal dated July 1 , 1989 through June 30, 1990, which is incorporated and made a part hereof as if fully set forth herein, and attached hereto for reference as Exhibit A. 2. STATEMENT OF DOLLARS a. The State shall provide no more than 75 percent of total project funds during the contract period and the Contractor shall provide at least 25 percent of the funds during the contract period, commencing July 1, 1989. The State share Page 1 of 14,_pages 890490 395.53-01-1014 '(See inslrvCtions on reverse of last page) is $ 23,000.00 . The Contractors share is $ 7,667.00 and may be in the form of cash or in-kind services or supplies. b. Payment pursuant to this contract will be made as earned, in whole or in part, from available state funds encumbered in an amount not to exceed $ 23,000.00 for the purchase of community-based services providing the Contractor has met the requirement of providing its share of $ 7,667.00 in cash or in-kind match. The total disbursement under this contract shall not exceed $ 23,000.00 c. The monies provided herein shall only be expended for purposes of the Projects as set forth in Exhibit A. 3=. METHOD OF PAYMENT a. The Contractor shall secure and maintain copies of invoices, contracts, and interagency documents for all services. supplies, capital equipment, and travel , including the rental property, which are used by the Contractor in providing services under this contract. b. The State shall pay the actual cost incurred by the Contractor for provision of services under this contract in the following manner: i) State funds may be advanced on a quarterly basis. Such advance of State funds shall be based on anticipated program expenditures during the quarter as reflected on a written form provided by the State, (this form is attached to this contract as Exhibit 6) . At no time shall the total of those quarterly advances exceed the pro-rated amount of State share of the contract for the quarter and expired months of the contract period, unless prior written approval has been received from the State. ii) The first quarterly advance may be requested on the form attached as Exhibit B. Subsequent advances shall be made only after the State has received and approved that form, (Exhibit B) , the form attached to this contract as Exhibit C, and required data collection forms. State approval shall be based on actual expenditures rates and estimated expenditures for• program activities described in Exhibit A. iii ) The Contractor shall report to the State on the form attached as Exhibit C the amount of local cash contributions or in-kind services received to support program activities. Such local contributions shall equal at least 25 percent of total program expenditures during the contract period. iv) The Contractor will adhere to written accounting procedures established by the State in accordance with Exhibit B and Exhibit C; and 890490 Page 2 of 11 v) The Contractor will identify any cost allocation methods used in distributing portions costs. c. The State shall disallow the reimbursement of expenditures or funding advances that are determined by the State to be for: i) Alcoholic beverages; ii) Costs not incurred during the contract period; iii ) Program costs not approved by the State in Attachment A; iv) Bank overdraft charges or penalty interest expenses; and v) Capital outlay in excess of $250.00 per purchased item where prior approval was not obtained from the State. • 4. STATEMENT OF FISCAL UNDERSTANDING a. The Contractor agrees that until an accepted Fidelity Bond is obtained, no advance funds can be made available from the State, and that such Fidelity Bond shall be equal to 16 percent of the contract amount to ensure refunds in the event of an audit exception. The Contractor or employees of the Contractor who have responsibility for receipt and/or disbursement of money under this contract shall be required to be bonded. The State shall be immediately notified of bond cancellation either by the underwriter or the Contractor. A copy of the certificate of the Fidelity Bond is attached to the Exhibit A, documenting coverage during the entire contract period. b. Within thirty (30) days of the end of the contract period, the Contractor shall submit to the State a final record of Expenditures using the form attached as Exhibit C. Any monies dispersed in excess of actual costs and expenditures as reflected by that report shall be refunded to the State by the Contractor within the same thirty (30) day period. c. Within thirty (30) days of the end of the contract period, the Contractor shall refund to the State any share of the State contribution not matched by the required local cash and/or in-kind contribution. d. The Contractor agrees to complete and pay the cost of an independent fiscal audit for any fiscal or calendar year within the past two years or agree to an audit by a State auditor, if available, and deliver such audit to the State prior to December 31 , 1989. Such requirement may be waived, all or in part, by the State. 890490 Page 3 of 11 0 e. The Contractor agrees to maintain sufficient accounting records to enable the State and the independent auditor to determine all costs for all community-based services. The Contractor shall provide to the State and the independent auditor all other sources of support and revenue attributable to the Diversion Program and all costs related to the program must be accounted for and properly classified. The Contractor agrees that any and all accounts which pertain to any service components described in Exhibit A shall be made available upon request to the State or the independent auditor. 5. EVALUATION AND MONITORING • a. All research instruments and products pertaining to the Contractor's justification for serving youth under the terms of this contract shall be the property of the Division of Criminal Justice for use by the State. Such instruments and products shall not be used except with the express permission of the State. b. To comply with the Single Audit and State' s evaluation requirements, the Contractor shall provide fiscal , program and the client information to the State at the time requested and on the forms provided for this purpose by the State. The Contractor shall provide any and all clients' information as may be permitted by the law to be released as requested by the State, including but not limited to: i ) Number of clients referred per month; ii ) Number of clients served per month; iii) Number of clients terminated per month with reasons for termination; iv) Name of client and number of hours served per month; v) Type of service provided per month for each client with number of hours for each service component provided; vi ) Number of program hours available per month for each service component offered by the program. c. The Contractor shall be required to submit any further information requested regarding client services which is necessary for the State's development of a data-based client information system and a unit cost system for future funding. Such information requests shall be made thirty (30) days in advance and shall not require data collection or analysis on variables not routinely collected by the contractor. d. The Contractor agrees that the program's operations and services may be monitored by the State on a regular basis. The State will provide the contractor with the results of the evaluation and shall allow the Contractor opportunity to respond. Page 4 of 11 890490 6. SUBCONTRACTS a. The parties recognize that the service provided by Contractor are personal in nature and therefore none of the rights, duties or obligations arising under this contract may be assigned or delegated without the prior written consent of the State. b. All subcontracts entered into by the Contractor pursuant to this contract shall be completed in the format provided by the State, and no subcontract shall be valid without prior approval . A specimen copy is incorporated herein, attached hereto and made a part hereof by this reference as Exhibit D. A copy of any such approved contracts shall be supplied to the State. 7 . CONFIDENTIALITY • a. All records and information maintained by the Contractor pertaining to clients of the State shall remain confidential and shall not be released to anyone other than the person in interest, the person's parent or legal guardian, or the State, without specific order of a court with proper jurisdiction. Prior to release of any authorized information or record, the Contractor shall notify the State. Nothing in this paragraph shall be construed in any way to prevent the Contractor from releasing information to authorized parties during the normal legal conduct of the Contractor's business. 8. STATEMENT OF CONTRACT RESPONSIBILITIES The Contractor shall : a. Provide and maintain a facility that will meet all local , county, state, and federal ordinances, regulations and laws. b. Provide a staff as needed to implement the services included 1 in Exhibit A. c. Conduct its program in accordance with all of the terms and specifications of this contract including all exhibits. d. Implement a system to maintain: i ) The legal rights of the client; ii) Confidentiality of client records which shall include but not be limited to require: a) written consent to gather confidential information about the client; and b) written consent to release confidential information about the client. 890490 Page 5 of 11 iii) Individual case files that: a) include records of services described in the Exhibit A; and b) document the participants' eligibility as defined by state law. e. Make available to the State, prior to execution of this contract, a copy of the following documents as applicable: i) Certificate and articles of incorporation; ii ) Internal Revenue Service tax exempt status letter; iii ) Names of persons serving on Board of Directors: iv) Corporation by-laws; v) Lease agreement to all properties rented, unless the Contractor is a unit of local government; •• vi ) Names of persons authorized to sign payroll and expense checks of the Contractor. f. Comply with all federal and state laws, including the immigration Reform Control Act in all hiring practices. g. Maintain and make immediately available to the State at any time upon request, personnel policies and procedures which shall include policies on conflicts of interest, non- discrimination concerning race, color, creed, and national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. h. Maintain in full force and effect comprehensive general liability insurance and property damage insurance with limits of at least $150,000 for bodily injury to any one person, $400,000 for any one occurrence, $400,000 for property damage or a total amount of $800,000. The contractor shall furnish the State with written certification of the existence of such liability and property damage insurance policy prior to the effective date of the contract, and must notify the State when insurance is cancelled by either the insured or the underwriter thirty (30) days prior to cancellation and must obtain new insurance coverage prior to the effective date of the cancellation. Certificates documenting such coverage during the entire contract period shall be provided to the State in Exhibit A of this contract. Amounts of coverage required by this contract shall be superceded by the Colorado Governmental Immunity Act, where applicable. i . Maintain in full force and effect Comprehensive Automobile Liability and Property Damage Insurance (limit of liability $500,000, combined single limit for bodily injury and property damage) if program participants are transported by auto by staff or agents of the program. Proof of such insurance is attached to Exhibit A. Otherwise, a statement from the authorized official will certify that participants are not transported by program staff or agents and such statement is attached to Exhibit A. Page 6 of 11 890490 j. Maintain adequate fiscal records for a period of three (3) years following the termination of this contract subject to inspection and audit by the State or its designee. Any audit exception shall be subject to refund to the State by the Contractor after negotiation for repayment has occurred. The State shall : a. Develop a contract for the execution of the Project. b. Monitor the Project for fiscal and program accountability. c. Provide consultation to Project staff. d. Provide to the Project direction on accounting, record- keeping, and reporting. e. Provide research and evaluation information applicable to Project operation. 9. REPRESENTATIVES a. For the purpose of this agreement, the individuals identified below are hereby designated representatives of the respective parties. Either party may from time to time designate in writing new or substitute representatives: For the State: Larry Linke Title: Program Administrator, Division of Criminal Justice For the Contractor: Carol C. Poole Title: Administrator, Community Services Office of the District Attorney 10. CONFLICT OF INTEREST weld County, Colorado a. No employee of the Contractor shall perform or provide part-time services to a consultant or consultant firm that has been retained by the Contractor under the authority of this contract. b. The Contractor agrees that no person who presently exercises any function or responsibility in connection with the program has any personal financial or economic interest, direct or indirect, in this contract except to the extent that he may receive compensation for his performance pursuant to the Contractor. c. No person who presently exercises any function or responsibility in connection with this program on behalf of the Contractor shall have or acquire any personal financial or economic interest, direct or indirect, Page 7 of 11 890490 which will be materially affected by this contract, except to the extent that he may receive compensation for his performance pursuant to this contract. Any economic or financial interest includes, but is not limited to: i ) Any business entity in which the person has a direct or indirect interest worth more than one thousand dollars ($1,000.00) ; ii ) Any real property in which the person has a direct or indirect interest worth more than one thousand dollars (51 .000.00) ; iii ) Any source of income, loans, or gifts aggregating two hundred and fifty dollars ($250.00) or more in value received by or promised to the person within twelve (12) months prior to the execution date of this contract; iv) Any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. For purposes of this subsection, indirect investment or interest mean any investment or interest owned by the spouse, parent, brother, sister, son, daughter, father-in-law, mother-in- law, brother-in-law, sister-in-law, son-in-law, daughter-in-law of the person by an agent on his/her behalf, by any business entity controlled by said person, or by a trust in which he/she has substantial interest. A business entity is controlled by a person if that person, his/her agent, or a relative as defined above possesses more than 50 percent of the ownership interest. Said person has a substantial economic interest in a trust when the person or an above-defined relative has a present or future interest worth more than one thousand dollars (51 ,000.00) . d. The Contractor shall incorporate the above subsections of this section into evary subcontract into which it enters in connection with this contract, making such provisions applicable to the person or entity with whom the Contractor contracts. 11 . CONTRACT MODIFICATIONS, CHANGES OR AMENDMENTS a. This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal , addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State fiscal rules. Page 8 of 11 890490 12. INDEPENDENT CONTRACTOR a. The Contractor shall render services under this contract as an independent Contractor and shall be accountable to the State for the ultimate results of its actions but shall not be subject to direction and control of the State as to details, methods or to particular hours or work, except as provided herein. The employees of the Contractor shall not be construed as employees of the State for any purpose. 13. CONTRACT STATEMENT TO HOLD HARMLESS a. It is agreed that the State shall not be held liable for • any error or omission of the Contractor in providing services hereunder. The Contractor shall not at any time act as an agent, servant, or employee of the State. To the extent permitted by law the Contractor agrees to indemnify and hold harmless the State, its employees. agents, and officers, against any and all claims, demands, damages, liabilities and court awards, including costs, expenses, and attorney fees incurred as the result of any act or omission of any officer, agent or employee of the Contractor, or acts or omissions by youths within the program of such Contractor, or resulting from the condition of any property owned or controlled by the Contractor. Nothing in this indemnity agreement shall be construed in any way to be a waiver by the Contractor of the protections which are granted to the Contractor and its employees under the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq. , as amended. 14. PERFORMANCE OF CONDITION PRECEDENT TO VALIDITY OF CONTRACT a. The Contractor and the State each certifies that all conditions precedent to the valid execution of the contract on its part have been satisfied. 15. CONTRACT TERMINATION a. This contract may be terminated by either party by giving thirty (30) days notice in writing, delivered by certified mail , return receipt requested, to the other party at the above address, or delivered by personal services upon the party. If notice is so given, this contract shall terminate on the expiration of the thirty (30) days, and the liability of the parties hereunder for the further performance of the terms of this contract shall thereupon cease, but the parties shall not be relieved of the duty to perform their obligation up to the date of termination. Page 9 of 11 890490 • Form 6-AC-0:D SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This provision is applicable to any contract involving the payment of money by the State. FUND AVAIL/ABILITY 2, Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building, road,bridge,viaduct,tunnel.excavation or other public works for this State.the contractor shall,before entering the performance of any such work included in this contract,duly execute and deliver to and file with the official whose signature appears below for the State,a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety,conditioned(or the due and faithful performance of the contract,and in addition,shall pros ide that if the contractor or his subcontractors fail to Jull'pay for any labor,materials,team hire,sustenance,pros isrons,provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum,Unless such bond,when so required,is executed,delivered and filed,no claim in favor of the contractor arising under this contract shall be audited,allowed or paid.A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond.This provision is in compliance with 38.26-106 CRS, as amended. INDEMINIFICATION 4, To the extent authorized by law.the contractor shall indemnify,save and hold harmless the State.its employees and agents,against any and all claims. damages.liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor.or its employees, agents, subcontractors,or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRSIATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957.as amended,and other applicable law respecting discrimination and unfair employment practices(24-34-402.CRS 1982 Replacement Vol.),and as required by Executive Order,Equal Opportunity and Affirma- tive Action,dated April 16. 1975, Purruon thereto, the following provisions shalt be container!to all Stale ro troetr or subcontracts. During the performance of this contract,the contractor agrees as follows: (I) The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status, religion,ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants arc employed,and that employees arc treated during employment,without regard to the above mentioned characteristics,Such action shall include,but not be limited to the following:employment. upgrading,demotion,or transfer,recruitment or recruitment advertising;Iay-oil-s or terminations;rates of pay or other Iurms of compensation;and selection for training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be pro- vided by the contracting officer setting forth provisions of this non•discnmination clause. (2) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race,creed, color, national origin,sex, marital status, religion, ancestry, mental or physical handicap,or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understand- ing,notice to be provided by the contracting officer,advising the labor union or workers' representative of the contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action,dated April l6, 1975,and of the rules, regulations,and relevant Orders of the Governor, (4) The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16. 1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto.and will permit access to his books,records,and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (5) A labor organization will not exclude any individual othens5se qualified from full membership rights in such labor organization,or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of pork opportunity,because of race.creed,color. sex,national origin,or ancestry. (6) A labororganization,or the employees or members thereof vv net aid,abet,incite,compel or coerce the doing of any act defined to this contract to he di: criminatory or obstruct or prevent any person front complying"ith the provisions of this contract or any order issued thereunder:or attempt either directly or indirectly,to commit any act defined in this contract to be discriminatory. 395.53.01.1022 10 11 Revised 1/88 page—of, pages txtoilon.x� 890490 Form 6-AC-02C (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contractor or with any of such rules,regulations.or orders,this contract may he cancelled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975 and the rules,regulations,or orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The contractor will include the provisions of paragraph(I)through(8)in every sub-contract and subcontractor purchase order unless exempted by rules, regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16, 197.5,so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct,as a means of enforcing such provisions,including sanctions for non-compliance;provided,however,that in the event the contractor becomes involved in.or is threatened with,litigation with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado, COLORADO LABOR PREFERENCE 6a. Provisions of 8.17-101 S 102,CRS for preference of Colorado labor arc applicable to this contract if public works within the State are under.aken hereun- der and arc financed in whole or in pan by State funds. b. When construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident If it is deter- mined hg the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would others.,ise be avail- able or would otherwise be inconsistent with requirements of federal law,this subsection shall be suspended,but only to the extent necessan to prevent denial of the mane or to elirainate the inconsistency with federal requirements (section 8-19-101 and 102, CRS). GENERAL 7. The laws of the Stale of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution and enforcement ot'this contract.Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or Nhich is otherwise in conflict with said laws,rules and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by nuax of complaint,defense or othenvise.Any provision rendered null and void by theoperation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all dines during the performance of this Contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that (have been or may hereafter be established. 9, The signatones hereto aver that they are familiar with 18.8-301,et.seq..(Bribery and Corrupt Influences)and 18.8-301,et.seq..(Abuse of Public Oflicc). CRS 1978 Replacement Vol., and that no violation of such provisions is present. 10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the timcr or property described herein: IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. Contractor: Full Legal Name) Office of the District Attorney STATE OF COLORADO Weld County, Colorado ROY ROMER, GOVERNOR By: for B C.W. Kirb , Chairman .s EXECUTIVE DIktCTOk. Position (Title) the trued—areCUT ty—Conutt i s s i criers 84,-6,oaOR13 Social Srcu„ir Number or Federal I.D. Number DEPARTMENT OF Public Safety Attest (Seal) J 'j`KS1 C County Clrrt APPROVALS ATTORNEY GENERAL CONTROLLER Bp By hue +1. wr• Ci n so l rc ri ,axes 890490 ivL5Y0bIWOtrtew,ed l/XXI *See•ne,,,n,Jm on mvne side ub UC•104)05.••b • EXHIBIT "B" COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE DIVERSION CASH REQUEST FORM 14 CONTRACTOR NAME CONTRACT ENCUMBRANCE NUMBER DATE Make warrant payable to: (0o not exceed four lines) • Name: _ Street: Attn : City, State, Zip: I i • 1 . Total Amount of State Contract: 2 . Total Amount Received to Date: 3. Total Amount Requested, Not Rec'd: 4. Total Amount of This Request: S. Total of Lines 2, 3 & 4: 6. Balance of State Contract: (Line 1 Less Lire 5) 7. Estimated Expenditures for: (Time Period) 8. Less Estimated Cash on Hand: 9. Total Cash Needs: (Line #7 less Line #8) (Must equal line #4) Two signed copies of this form should be submitted to DCJ with Project Director' s Signature original signatures. Phone #: ( ) DCJ Approval : $ Amount Program Administrator Date Revised 6/88 890490 . EXH?Ba _ COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE DIVERSION FISCAL REPORT FORM ER CONTRACTOR NAME AND ADDRESS: !DATE CONTRACT ENCUMBRANCE NUMBER I !Phone Number ( ) I Type of Report ' I !Progress Final 4 Contract Duration !Report Number 1 2 3 4 I ;Time period covered on this report Frig, To 'From TQ I Local Cash I In-Kind I cn_ ract_ tatus State Funds Mairh 1 Match (in $) Total Funds! ; Los*al ,Aw Award I 1 i I i l e i $ _n:_ei.s e d i _ I ! ,a 1 n 4€...,�. . Y-�_ I IEXP•yh_D_TURE.S -- A —B C — Total I Expenditures STATE FUNDS Approved Beginning of lExpendi- Total I — Budget Quarter (see ! tures Expendi- (See C on previous I This tures to Unpaid l IV515et.2 sLry !Exhibit A) Report) iO;arter Date(A+B) 'i Obligations PArsonnel _. I 'Supplie1/Qper. ! I I ray.4.! �— -- -�— -- -I-_...- r ---- - jiu'pment P_(L._Ie ry i c e s I i I I � � �I I I LASH BALANCE Cash Balance Beginning of Quarter $ Plus Receipts During Quarter $ Less Expenditures During Quarter $ i Cash Balance End of Quarter $ I I 'EXPENDITURES A S C Total Expenditures ! LOCAL CASH MATCH Approved Beginning of Expendi— ; Total I Budget Quarter (see tures lExpendi— I (See C on previous This Itures to Unpaid pulal_alltaolv Exhibit A) Report) ! Quarter iDate(A+B) Obligations pares sonnet _L i v p1 i.Qs/QrQr. --- i —r I I /. I Prof. $ervis _. i TA !, ! I T i CASH BALANCE x30490 h Cash Balance Beginning of Quarter S — Plus Receipts During Quarter 5 _ ' I Less Expenditures During Quarter $ I Cash Balance End of Quarter $ i IFIEMLIVRES A 8 C I f Total J Expenditures IN-KIN0 MATCH Approved i Beginning of I Expendi- Total i - i gN DaLLAR AMQVNTS. 1 Budget I Quarter (see tures IExpenol- 1 i ; (See C on previous i This tures to i Unpaid ; I ' i i iBudg_et CaPag_PrY _2bit A) I _azp0rt) --IiLarter , Date(A4) Qiigatimi-Li II , ! I _ f i . I -- : I ISP2Pli.e5}QP_Cr , t i i travel , • ' i • ; LES24iPmPnt ! , , ; I . _ ---",, i . , I !TOTAL i . IN-KIND BALANCE i Balance Beginning of Quarter $ ____ _____ . , Plus Receipts During Quarter $ Less Expenditures During Quarter $ i I Balance End of Quarter S_ i L lir calculations for in-kind services dirfer from your explanation in Exhibit A ;please describe changes in detail . Attach additional sheets if necessary. ! ; ' t i I --- ——7 II certify that to the best of my knowledge and belief this report is correct and complete and that all expenditures and unpaid obligations are for the "purposes set forth in the contract. ) i ) _ ) , !Report Prepared By Phone Project Director' s Signature; i i MAIL TWO COPIES OF THIS FORM TO DCJ WITHIN IS DAYS FOLLOWING THE END OF EACH IQUARTER. ALL SIGNATURES MUST BE ORIGINAL. 1 , Revised 6/38 ' 890490 RESOLUTION RE: DECLARE CERTAIN VEHICLE AS SURPLUS PROPERTY 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, State statute and the Weld County Administrative Manual require that all items disposed of be declared surplus by the Board of County Commissioners, and WHEREAS, the County has identified one of the Sheriff's vehicles as no longer needed by Weld County and recommended to he sold, said vehicle being listed as County Asset No. 1504 0017. NOW, TIHFP.EFORE, RE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that said Sheriff's vehicle, listed as County Asset No. 1504 0017, be, and hereby is, declared as surplus property. BE IT FURTHER RESOLVED that the Board hereby authorizes the sale of said vehicle. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of June , A,D. , 1989 . kriCeet,:10.2 BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.W. Kirby, Ch rman RYs e 7 son,y k APPROVED AS TO FORM: t9roTem Brant er -- `�� Vi .eorge K nn County Attorney Gor Lam. r� S90491 A r?'4B T! A e A �.++�.eT A`T4�'"i}✓A`W,WPOSSCI fieS5I rfirr1l7. r9 S e:, 'MM. ..? �}" �' rne_r_ STATE OF COLORADO .•.,.. � /say DDi SKI CERTIFICATE OF TITLE TO A MOTOR VEHICLE � ASSIGNMENT OF TITLE -7i �•✓ FOR VALUE RECEIVED,VWE HEREBY CONVEY TO by n ;I 2FA9P43F 5Gx18q 113 26 F0'2 '40--- 37 03`4 11799,, ADDRESS �(�}1I "�L'� I IQ k&f. ' a,sl FO r, JwN[V 'ti Y' THE MOTOR VEHICLE DESCRIBED ON THIS CERTIFICATE ��` .[ 100004:1.2 "44.50 HELD .CUNTV G�VEFN!7EN' x'"'71 y AND I/WE HEREBY WARRANT THE TITLE TO SAID MOTOR 5 pa - • q 19OX'�50 +< VEHICLE AND THAT ET SAME JS FREE OF ALL TITLE AND Cq .YRe w . R',MOMYD.JMI /^� ENCUMBRANCES ATEXCEPT AS NOTED ON THE TITLE `] t$' 4 toe-2109705/30/86 G GA .,ELEY' —90632, ODOMETER READING - .�Al•5rr9 06113�•6�j, ",‘"47-,X.ACLIPRO 11 ...OIL IL yl►+ ��!!' i:.�.' I . • Al �� L!$4 &DOW Aww tp..4N ., ....r• Ii.ST Le.riaDfei' oide e• ' . [-, A 41Jc �1!/ . 1) �IVI 5• 7� ' p1 Y� �� /rte I /A p. . X SIGNATURE OF SE ER /! D TE + �A �,I wntR AUp I,y Lnw.H,Nw}+un H 7 ?, r r N U � <� z44, ,."Yr s ' 0:*6.L'` ,4`'4`' r � ; To SUB-. "!E A THIS F •19 f RBI lb fr A.w o. y�..y sELvwpEN HEADE.Ry�.v�,�pa i •w n.• A fr w d 1 �(7 '4 a'}Y/Y� )gg LUIP.M.P0 AC! �`V n nNNt p I�;Y•X` r+'�,,tj�3\�?1 Y'�'.,eE1 .L\t M a A COun Clerew vs,......- Pt ' �. RELEASE OF FIRST LIEN 1, I Y . I . ��` tMTD an Y4 V 'i .h Y�li -Vw 17T : .;.Y ;R..,....�:�.A, , or '�A h' . THE UNDERSIGNED DESCRIBED HEREIN FIRS0ES LIEN HEREBNY ERESTATE TOR THAT "ratCI . ,venue —_do certify # t VEHICLEFRSTIENAN NCUM RANCE DESCRIBED BED I THAT r, s�Tal1h5 �OCant nnna here u!s be!n�u!y re9I otlae$IAIeeie es owns certify THE IFICAUEN ANDE IS ENCUMBRANCE ND STHIS It molareeDOe her rnmea rbemyr been the law, f!he mama D!Col es owner oat to CERTIFICATE OF TITLE IS RELEASED AND DISCHARGED 4I. M� hamtve enc mMacescnwapur',rein bwe of the State Dl Colorado,auGiscl to Y J . ' J A I !!Ma atq encamp.ndea.(!anY neram NI IDEA NAME ,j j • & IVfiri Inw,mess whereof,I have hereon,'Alfna my&orator.and Official seal el Denver Y AUTHORIZED - FIRST LIEN DEPARTMENT OF REVENUE ; SUBSCRIBED AND SWORN GENT DATE F� b', EXTENDED TO MOTOR VEHICLE DIVISION I !if p� (Y ,,\\ F. TO BEFORE ME THIS_OAY OF tg— Ili ^e BY NY.s.� N. C3, ... { r SEAL Ply YL1 + SECOND LIEN Z 1.A I E#ENDED TO 9' 80632777 EC�:ONTR�/OLL NO. 777 MY commman.apse& Emory Clerk Or Notary PUDIC VUPO I �A r BY JUN 2 O 19.BG a�a 0 V Z 1 1 1 w RELEASE DELIVER tItLE TO rrOLOEAOF SECOND p�1, MORTGAGE IF NONE DELNER TITLE TODWNER �I33 (TRIO is nOl a title numoen. - NOTE FOR RELEASE OF SECOND LIEN USE SEPARATE RELEASE .'+( 890491 I CVA-26 REV. 10/88 • COLORADO DEPARTMENT OF SOCIAL SERVICES - DIVISION OF VETERANS AFFAIRS COUNTY VETERANS SERVICE OFFICER'S MONTHLY REPORT AND CERTIFICATION OF PAY Weld COUNTY MONTH May 19 89 BENEFITS AND SERVIES CLAIMED NO. BENEFITS AND SERVICES CLAIMED NO. Telephone Calls 262 Comoensation 179 Personal Contacts (Office) 290 DIC 41 Personal Contacts (Home) 27 Pension 155 23-22 — Colo Veterans Affairs I 2 Death Pension 139 23-22 — Other Organizations 5 Insurance 1 Medicaid Cases 29 Burial Allowance 7 ' Loan Applications 3 Voc. Rehab & Education 2 Medical Benefits • 15 State Benefits 0 I hereby certify that on this date June 7. 1989 , I have been paid a salary for the month of May 19 89 from weld County in the amount of $1840.92 dollars for my services as county veterans service officer; and, in addition, that 81544.62 dollars have been disbursed by said county for expenses incurred in the operation of the county veterans service office, in accordance with 26-10-108. 1973 Colorado Revised Statutes. I hereby certify the accuracy of this Report. (Signed) � County Co si r �j6r t it designee of Weld County ATTEST: Tn II • eputy County"Clerk This certification submitted monthly, pro erly signed and executed, will be considered as application for the monetary benefits payable to the County General Fund, in accordance with 26-10-108, 1973 Colorado Revised Statutes. This form should be submitted before the 15th of the following month. Mail to: Colorado Department of Social Services, Division of Veterans Affairs, 1575 Sherman Street, 1st Floor, Denver, CO 80203-1714. 890496 SECOND READING 6/12/89 ORDINANCE NO. 89-Q • 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 Ordinance 89-A through 89-P, 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: Amend Section 23 to read: '23 Site Plan Review 23. 1 Intent and Applicability 23.1 .1 The intent of the Site Plan Review procedure is to provide present and future residents and users of land in Weld COUNTY a means whereby orderly and harmonious DEVELOPMENT is ensured in Weld COUNTY. Site Plan Reviews require C1) Cw"t`d Ord. 89-Q ,,,,., 1), 11 � �, a. .� alma, tIS• aa a' .. • ill Of jai ' 42 • • s4.13A Ll..a • 2nd PUBLICATION maw 1st Publication � n „ 06-01-89 \....t.s.Uof son st visas... a•e� sit , N w re�Oi 111.a�•. � w w .r 4. June 15, NE • • ,Haim > :zittldrei Slagle Kt hr ; r The New News Men . I wrd a 7 . 1 ,.:..c 0 M � . W L, 4 "1 W YQ s .y ^S' is k SJcrtvs'sro z x r1W ba?a:.. �"'ru •`�-. yk'R bs.Po7. ^ra' '�r4L.tieT�3�3f,�YS•w w 'r n.5 'Y'b � �4'd+� a py la.kitetemnre �a•�. .N�: �"Erg:. • r r��wn at. pat �yby i rR'�• • war ante 03.7.7.1! te twee B�03r fled a ar■�_ f_�d the e�MY girl•ppLeitW W bees CA3 rPBODYC170R Pa 1.2 Abed •d the . K .n.!y f>r t chest irY�AByr-er• r.M � gli23: era0mart aYa ~ � awBB•a�-dips t �i•- ` • ty"!� > t?ik Sunda 761 R ( l , IM to 762 to It Mt " rte` Brw1°wwaBmL_ if asSfea, are ill mina tberat _ka C may. "Xy'1'I�t12Y�Wit* mail °Y'. `LiA. !b a. e........ data ro rd Onlo�: �eylcrcrrir +w�d ��tl� water di; as awn r • the :..,'r��twuII'f Saco ant sett ..a app; .YGrlp'Y'°wa.a eY,.rOwtaY aYtYq eln,.""^'�1 flfl44 A t_ldadt aa saw la fit} • to EZ" the maWsw_lea le athe U W - gt'_ c, pun,.} '� - - flat Weld' Gag/ Rea eateucWw N Bt•►? W IWMYiCf g , an�WM M I ...w:. sd� Fipeajyp...a t wdC ppryy PeY�IMW CrWal ArAlset d t+aw •parr (w-aplg neeliee fin: . d _ �•' �" '�r ale Cale Oayraed d Set, !aY l Mahe Hr� State d } dea i__+•_tlmeartrt�Ye1lpc a .is Ft ee ani need ud A ASS. �� .jr 7 :123 end yy wit IM ^Y®Aoda�"ra" °'m'°m we 1er �' wa maws a JniaYlYa� PoFi'em R p�t�ar 1 rgYo gall be Law:-us appropriate }w GarBa 1S�a�- teM Ineet2�rate LiYlet GrQY i.uQ acceeemodate lloaded et deety a oaded Won 0 d asGar,Y��1? i2a.11.7 Aa7 11Y Mai Yip.. rd Rads, iaaaW6 nru ba naw0.1• ytwhleth2yte el ba fn d Warns."".'�rt'7'� on or a - AS bo 23 d.2 arms Wald UaBed ntdrtRK a let title it ��At�7 shall the LI Yto I3 t 7� Aq ulpr Mraclr ar l� thue �am•� CatiSn. Uep0etmrt d .roe �'.� ae I fi 2S1M,11`111 dayYry� to to aamnetb.B as my Rme ata R Set yr Nat flip lot=safe Yb�yacWme �a. ccfaa at or the app IM wart. to im dWprClio ad par =grit ] @1 •i:•tt:1 I .1wi W. sparo m ft r OaanNba' 1 p-dpypt��a17472:114)C � r X11 fdatlMAW: Jab' uS nan i tthe andfl"d W ee!t. , ,7 aha9'be y>Z.t'R1vYw'�y, ..._+� Zit S 114 JSW u Vei end sang.a be 74011, da.t0aa4 laNfad,and apaat e er TWIT. gag via tpYs of ma: • tarot r to peat alypoaOryW.a"ggap!_,.. at 2711,0.1 ARTERIAL: pypart�lor citrlY�2�17p�u0it g that ad Nwg �nmid sentient 2,11A when thatdoes r rQwVe •7 edamabt m ta•ws r gum aria ore gorlon otta freARTERIAL, wer.t9W DLatrN nneare pope calorie rattail tf.1.2D grata sa y�glroatw�tn d the pp�e Natgra4motnntaR Wt 2231�21,, t FRONTAGE or es sty to cuthad v+ design end Leaven es s61t ROAD:ar with coned alrlteawrtrwd mesa ;Stevan,or Sa an or will 23 1• he met l when hI to the donIA.7 Prvpnt Malta aa� • e�lreerarsvq don net ei watt the 2ao. 2:in y� atYnee sae�rpd� ter alts cater .e.yed In a maw hhett pWybe taW°. 5 for abs. P n potter ll 9.1.1.7 A statement natnNe YWr en nil p sow ea shall conl0rmaaa. meet that new to PUBtiC 1h owner !Sat sad aSei7 agYederdelsaa s this rlatane ny nail hr mMadod..:. allow m d .WXI0S 4 PQar{erme._J aey to ova tieing the nt111tmwn standards s yon for•S� d mew._l) igm peeacMblg Chewy 2,2, ,y 7'lpy,V col any d the the'Weld•O iriTY Department d The sue WY map stall Mw id Fseroae __ Sudarda Y or tot the eummbu Sendai type � Y ta, tbe tagawhnL �bfory'W�•. ie be vesicles generated by the USE Pal aat 275.1141 'fie dn:e a( the map Arced Sutler 2144 ammo the *slugs shag be 24 rote by se Inched: ward"wRtleg"a"bBlles"ten the321.7.1 Size d d*slugs structure-12 Inches in diameter: 23x1.161 The scale cod be arc Drat eatumn. 23.1.7.2 inch side 200 feet ar popper Alnand Section 22. .2 Add the Length d destroy suitable scale if approved_ by the f Ns first 'imitate•20 fret; Depaatmaot d Moaning ras ate% pe tad, i g •ta• p 711.7.7 Depth d cover over pipe• 3.11.16.2 Sena township, and aaDDltlI�QMMaarrkkpp`LL showed la 61 12 mots; M e; Amend21.11.7.4 WWih d aces•15-feet; aiLltt North anew; wand SeCBer fl Delete the wand sea het te text. 22.2.1.7.7 7daslmarn grade of 2321.111 of the - Amend Section 33.5.2 Delete the access-11 percent; perimeter d the tan amend aenrla in the Wt 233,L7a,YWe radius ii feel y232j',,1�16.6 The laetUon Varna Amend Section S 1st to reed: 2121.7.7 . %dt a0aia.dOdb'B.NR7A7L:cr..., a 9ryw Depth alcbra: Kwy7�a1� 3xAtlep w MS 72.1v1q.7way'AA dtetmtt �IandlK ^ton ar d INe ' A A� •.r r a nYanoa IdCn 1M 1 mega alerwe y tea land, 1111.1 A a e' -er e c e�ls.�BMMa Delta SKIM 1L1•) 0.� riszt kWh parslpfart 1133 ynon deter as Mantled that 11,2a.L2� 1U.awar�da the rF iYth serer thee gem -_aen0ca_tlan_.al r�tet at ryas� SGE Unisole t --... LVO 0--ear lyof .1C❑O .a.0 r'^ -II- r.'F'1�`Rf ei'r1fw flyr �^' +21 7•+°�1b t d ZSYO Tl'yj 758.71 • The New News Pipe lit - sir+-•+•� J. 4 F••' a..•1 1.. t•e a ‘ 04 �� a' Jal are . : — ';, . �y awR R+de4 s v 4''''''"O•' >2 14'1.45da,el,T• •, L' tGn F' �r • ��4 ,�i A. *rasiet,rnsiarnial Nyy■ gt. •a MN Man C.7.L1! W d •IwbWpb Se tres pny.V.wrA g .q�gr _ p vaavanAM 6ettplm of die � .Iy �pent 0e IC Iwila seenneent 71 ' '-& ` �e w■tl'aw bhp ktStnett �ae■.pp`f�■'�r x RAM ban 15.2 W lill wit _ magi, t 1 Y• ..; r rata ta.raW■�h�_ an �r�tss FA agn 14�) a - mask are bran q. 07 Mmna��LYt. lid b a are ark are W cla■� Yak Y M D�ries.tI�4 temV�ttbs r and _tr bold b�0 4. af■adrotaddud ni1ewee�p b �• set 2M -S 41 sad �g�rd ny on star dorm Man cm M dmo�mli roans t ■■dyM and w 1213..1.4 1boA afaotmmt a nablis ■%D y■ nSinthilla I° retre ?eta =, Ada Camp a ua •sbnei►.,• ` Y or 1pt yes 6... o,o.b.a Vmight anes r a ibo la Erik* ail �d Ss A1trnom K W at tn.anon DrYYgmtrc d �t "rr a��ppy tddLNytkt��kWl�qta, 736llareas Intl% =Ail Dp d rpty■p�■■yr Mt:. �wyR�1.. O�sspe lariandV b b e 2131,34,_,`' "tiedo- Ytef<tt w yp�y■ ==• .wm�tM■tYdaM■Oabr: Umpj" D21p 1 A Inds in lea wEleti.Na�■pr fan '"'". 11ai ° caccommodate Tie appropriate Fin beard or unloaded Ni 'i` . ,SK. atarsw. .re War Any LAYtIr Mbh t, ' QaR YO hated. =brity'penchmraa a ing nay. ,y,ry� a b rW10aeYw wlt8Wr tlR al ar of Oak pV�frieapomtoiairrYYtrtl area .... tbo d .tor .a st Betjawal J oad{pa apes lemur UaIM �d a Aitny : ;mot" W rod W pry ACC' sir ad lsrrlrgasr Jo theitibbessasni me �s t° ru up�L•tbgh HY lompe� d~Praa urniimytt■a �1..1•Ms �■o �rh w " tbo t'yatayF, m.,d.�A.c.r.,. 1� 1>'tl.b ArSa r ��r imtwe a■tlltl.at R.rirN d,. (a : J:r sus•1gAi wt tM a troervie�.. l�p�T' e .g li degeiidt d air �LLY baapeapt C� doggien�an to pm.Cuofff drOeee/a (�°l. rer Diserk� �,1 air aaWm L■u 673 io pl�W a e�rmtnrb Ilp�t�Vr�rw�ma�Llp flan ffi/■rcytlw4Y1:�hb't Egg ¢� d tr�itMW ��ammroen.'.bone ' 1SA% k..- tti Sea■I,Jar 1g.andJI■M s,lam. Va% liras d+yned,land,red Miran N mu .�rnl•l:S v4 fhb 49a[Ms'dmlWdListS:' ■afm Mil as:to ranbet rootellit li I.,,d 7321.0.1 ARTEIIAi.; rNr{lea Mog* AAalll' ]y7 1e an• �.tla 7311. Nten that rtQraLd ; a t� drecUr ,la ` or me Sir wall dl not qea AL. irtleceecppg Dien.:..nmhoale/.•l�w'edy may soepsrpf�ipW rbopp of.'man 1 •ayib ,AavaMpeo" eaem ARiERUL: cannel ar orb.•N approve he . Ilan ytwt UMPRO$TACE a ?ire Nhkn bo Oeheed design sad operation 8PRVIQ ROAD:a Nun y��yda.a.,'.$ �°� la Section 27 7 { when the te cenelt YY�na li in UI,3ae" ""1 art 231.3 Perfarmenn it twill s for • sane e4 . is add Ito nowt '�7TAtiootrial m bw!She AM sod for a 3i P.tote . Aa lnr arlt• nem ere not to ith 7321.7 A�c�Y�d Otmmg taller � tin eri w Mead gat as drtaremss�...acosis..toodarra■to, oast bleb tray Sell be am to= The w �d:N XIOI.S d,y,;_oe.-eat srdrarm■dt�1ln tide be��y�Deaynetmil ncesin mwn deg 73,2,�16 opaceeIrdut■an—. .hh any the nM Weld�IJe�grtment off T e jute b Alen oasis w en cnoereflotroeag atOe sue al a malt:be u of■rb�� dtdw T1M�ly wltwPth a It following nuke Ides d ■ twpon be tr and cyye a rpykamega: - tatm by Weld vehicles deNrated by the MS prapaMd, 'D21.u.1{ e dY e( In fon Amend Beaten Ill the • { Dome.... shall be M T Inches by 11 balk Nerd 'to`w ns fin ton 732b.13 Sire of drains atnucwVe-12 Inches in diameter, 7321.163 The axle and be no first Iint°°m' inch epu•l.Ite Inter anOthee Section 17.2.1 the 73.1.1.1 Length d Menge suitable wale If approved try the =Section mow e grtoy w Mediae.20 feet, Deadened Of Flailing Sant% p�u Slaw." us, .Ns ip Lm GI 73 D .1.7. d Depth cover over pipe• 14 L7 Section, Dletrkt township. and Amon Saito Delete 7321.1.{ Width of nem-15 teat; D21,16.{ North ever arrow; se sentencen tat the 7121.74 'ldeaimum grade of 212perlmU1 d irOuflim d the Section 7133 Delete the Mee•15 percent, 1iAAIT;; and sentence in the to 2731.7.6 Flare radios•20 feet; Z21.1t5 'nand � gt.ii4 tamp Amend 31.41A b root 21,2.1.7.7 er surfs • { 01 all IDTp,,., Death w LClyt' Ig�al aches; =LW The Wallin wed tame pus awake Nate fears or trryahon ' ADI -Nay tliailA� �ainien esgtpea Ntlnin to wanner d the in sty a pdeaypp�Ww ll �Olifado 1N used by thew Wt,: a tmanaa.the NDI partl�t d propo 6 AAlBl 'MOM W wind animal aoRa4lraaG menelz tr weals p.e...4 S'PINCNRPS• Add•sow section fl.d,l.1 to read; venal taamali. Humor. r1t12� let Wig •tad �y. iDtbo.4&.{r Ili tr s'1 ` R ,. .WdN laid eeeer ins; equl� mats whew 2121.! inept aapYhLnd ��e1t1[p�6.10 Td IooetlOn dder1aaDr �°g beaway aad dee reneInt ges SETBooA(Xd of thhe1a cdnrSrliVtl�apd�lAl�;.R�r wAYgmWmd gyeAimlm 1 DsW w ell. ' raj ufr■maodld tbo fl • ilMu aoaL�dloo�e R4 0.1.Gq G hut 'soon ro■ dlCsrealom� a°t°°d auetappe�e WI Ion' ralad • aidewalr gong pass any b bona: w.11 Si' ( i w fad•—.0ree•......AAniaut a;ntbeen Mit: nanle e 2at7ew2.1.11IIe.1 tot:oarmo dd.t LOT la Want d tAt DepYlment �{b rettoot Land� ��t� and not be dro dintrict ll bedoveerid of to` a nw•Ktlapacl betra Ann,Ines plants or Henn Of wipa Ea .2--t —�TOf plaWte Sermmlc a CanntY ilea p�awm I It a ,�WRrwW wltanb' be•I] • 'a le,$1e sew Plan Amos yaws i n mann petr LOT 2 ted II2L713 That ct d a !AT far a atltaY►botldm fnn le the net, The A �T9diQ4 Cm m35 feet bon the ran d pr which chute a amD w the Maaspublic or prILAN �' d etenttede Anem U to nand: way shall be to• • than aobmlee ge�ya, ,7,1,y dance d ten OM feet, at, met mole b initialed any ,yyNmnm yirga H feel at a right angle from The action as wed below. Ili We nerds the interior The authority and bonplalon Ito Renumber the exist Section M 'kg, sidewalks and for making t the decision sion la me WAG within chew drlvawa s1wV AY6Dt�•n�tta w boon Zeuh fora lei n yppe kat tee rests with the part:sent o Doyle gayn ay that trash •gran a Pluming Servkaa Amend Wanes are located, n ono& 21.13 Upon donnas- tin Oct d2Ali by •U2Se.1wet and need in a roamer that Nall the application submittal Is or accessory OF E Unit" - ett reQuiremella el NO rod {cmplete the Deportment of fpm the ton, ;title, Smlewe emu: � , 1E OR DU Argo Wilk , C. W. Kirby, Chairman o_Board_0f_County__Commissi oners - D;,re -- ;little 12, _i q8a COLORADO F,on, _Walter J._Speckman,_ ExecutiyeDirectort_Human Resources fz1oc-1"-- Subjet1: Contract Amendment Between Weld County_Division of Human Resources and Colorado Department ofJ.,or t Affairs Enclosed for Board approval is a contract amendment between the Weld County Division of Human Resources and Colorado Department of Local Affairs. The amendment awards 51,361.00 of Community Food and Nutrition funds to be used in conjunction with the current Emergency Community Shelter Housing Grant. These monies will be sub-contracted to Weld Information and Referral Service (WIRS) for use in providing emergency food to eligible clients. The period of the contract will be from the date of signature through September 30, 1989. If you have any questions, please telephone me at 353-3816. 144 yy r. 1 n • i P'^ AM hr r rArp� ShC �l"�r�F °w 'f�` i'`• + , 4 .\'d "� June .12, 1989 TO: Clerk to the Board fR:' Jeannie Tacker RE: Contract Anen*nent Between Need County Division of Human'Resources and Colorado Department of Local;Affairs Enclosed,for signature,are (6) copies of this.amendment. Please return five (5) of them once,*they are.signed. If you have any questions, please telePhone me;at;:,353=3816., 690496 DEPARTMENT OR AGENCY NUMBER '5a 00 00 CSBG/ECSH CONTRACT ROUTING NUMBER 90 AMENDMENT CONTRACT CONTRACT THIS CONTRACT, made this 1st day of Ltuly 1989, by and between the State of Colorado for the use and benefit of the Department of Local Affairs, J313 Sherman Street, Denver, Colorado, hereinafter referred to as the State, and Weld County. Board of County Commissioners, hereinafter referred to as the Contractor, WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a suffic}e t unencumbered balance thereof remains vnilable for payment in Fund Number /6201 , G/L Account Numbers __ , Contract Encumbrance Numbers c r 9O?7 ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State and the Contractor have previously entered into a Grant Contract dated March 1, 1989 with contract routing number 89-161 and contract encumbrance number C859084, hereinafter called the Original Contract, for the expenditure of Stewart B. Mckinney funds for services to homeless individuals; and WHEREAS, the State has received Community Food and Nutrition (CFN) Program funds under the provisions of Section 681A(b)(1) of the Community Services Block Grant Act as amended by Public Law 99-425 of the Human Services Reauthorization Act, dated September 30, 1986, under Grant Number G89B3COCOSR; and WHEREAS, the State has determined that the CFN funds would facilitate the Contractor's homeless service efforts as described in EXHIBIT A of the Original Contract; and WHEREAS, the State has determined the Contractor to be an eligible entity to receive CFN funds; and WHEREAS, the State has received an application from the Contractor for CFN funds and has approved said application; NOW THEREFORE, it is hereby agreed that: 1. The Original Contract is amended as follows: a. Page 1, Paragraph 1. Scope of Services. Line 4, after Exhibi A, insert "as amended"; b. Page 2, Paragraph 4. Definition of Client Eligibility. Line 2, after EHP, insert "and CFN": Page 1 of 4 Pages 890498 Homeless - Weld. County c. Page 2, Paragraph 5. Definition of Homeless Individuals. Line 2, after £HP, insert "and CFN"; d. Page 2, Paragraph 6. Compensation and Methgd_ of Pavmgnt. Lines 3 and 4 are amended to read, "Eleven Thousand Six Hundred Ninety Six Dollars (9111696) e. Page 2, Paragraph 7. Financial Management. Line 5, after EHP, insert "and CFN"; f. Page 2, Paragraph Sa. Payment Method. Line 3, after EHP, insert "and CFN"; g. Page 3, Paragraph lla. Contract Termination. Line 3, after EHP, insert "and CFN"; h. Delete FRHIBIT A from the Original Contract dated March 1, 19,89 and insert in lieu thereof the "Revised HIBIT A, Dated July 1, 1989" in its entirety. Page 2 of 4 Pages 890498 • i,rm 6vs('-11213 SPECIAL PROVISIONS ('ONTROLLEI:S APPROVAL 1. This contract shall not he deemed'and until it shall have been approved by the Controller of the State of Colorado or such assistant as he ma)designate.This provision is appiicable to any contract InvoIvme the payment of money ^y the State. FUND AVAILABILITY 2. Financial obligations of the State pm able alter the current Il seal scar are c,mune;nl upon funds for that purpose being appropriated.budgeted anti others.Ise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building, road,bridge,viaduct,tunnel.excavation or other public works for this State,the contractor shall.before entering the performance of any such work included in this contract.duly execute and deliver to and file with the official whose signature appears below for the State.a good and sufficient bond or other acceptable surely to he appnaved by said official in a penal sum not less than ono half of the total amount payable by the terms of this contract.Such bond shall be duly executed by a qualified comorate surety,conditioned ler the due and faithful performance of the contract,and in addition.shall provide that if the contractor or his subcontractors GGl to duty pay for any labor,materials.team hire,sustenance.provisions.provcndor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done.the surety will pay the same in an amount not exceeding the sum specified in the bond.together with interest at the rate of eight per cent per annum.Unless such bond,when so required.is executed,delivered and filed,no claim in favor of the contractor arising under tbts contract shall be audited,allowed or paid.A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26-106 CRS,as amended. INDEMNIFICATION 4. To the extent authorized by law,the convector shall indemnify,save and hold harmkss the State,its employees and agents,against any and all claims, damages.liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees, agents.subcontractors,or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of1957,as amended,and other applicable law respecting discrimination and unfair employment practices(24.34.402.CRS 1982 Replacement Vol.),and as required by Esecutive Order,Equal Opportunity and Affirma- tive Action,dated April 16, 1975. Pursuant thereto. the following provisions shall be contained in all State contracts or subcontracts. r. During the performance of this contract.the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin.sex,marital status. religion.ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed.and that employees are treated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:employment. ttpgraduto,demotion.or transfer,recruitment or recruitment advertising;lay-offs or terminations:rates of pay or other forms of compensation:and selection for training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be pro- vided by the contracting officer setting fcrth provisions of this non-discrimination clause. (2) Thu contractor will.in all solicitations or advertisements for employees placed by(iron behalf of thecontractor,state that all qualified applicants will receive consideration for employment without regard to race, creed,color,national origin. sex, marital status. religion,ancestry,mental or physical handicap.or aµ. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract orunderstand- (z g,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975,and of the rules, regulations,and relevant Orders of the Governor. i.1 The contractor and labor unions will furnish all information and reports required by Executise Order.Equat Opportunity and Affirmative Action of April 16. s9'5.and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the contracting agency sad the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization.or expel any such individual from membership in such labor orga ize::or.or discriminate against any of its members in the full enjoyment of work opportunity,because of race.creed.color, sex.stational origin,or ancestry. ;6 A labor organization,or the employee.or members thereof will not aid.abet,incite compel or coerce the doing of any act defined in this contract to be dis- crirniratery or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder:or attempt either directly or indire:dy,to commit any act defined in :his contract to be discriminator. ?4f . :1-10__ noosed t/lb page --of._!Y_ daces rt:.toat•,.r• 89G498 • • Form o-AC.O2C (7) In the event of the contractors Mm cnmpha nee with the non-discrimination clauses of this contractor or with any of such cults,regulations.or orders.this contract may he cancelled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contrace in accordance with procedures.authonted m Executve Order,Equal Opportunity and Affirmative Action o(April 16.1975 and the rules.regulations,or orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order-Equal Opportunity and Affirmative Action of April 16, 1975,or by rules,regulations,or orders promulgated in accordance therewith,or as otherwise provided by law. (R) The contractor will include the provisions of paragraph(I)through(8)in every cub-contract and subcontractor purchase order unless exempted byrules, regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16. 1975,so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct,as a means of enforcing such provisions,including sanctions for non-compliance:provided,however,that in the event the contractor becomes involved in,or is threatened with,litigation with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of 8-I 7-101&102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun- der and are financed in whole or in part by State funds. b. When construction contract for a public project is to be awarded to a bidder,a resident bidder shall he allowed a preference against a non-resident bidder from a state or lore ign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is deter- mined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which wouldotherwise be avail- able or would otherwise be inconsistent with requirements of federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements(section 8.19.101 and 102, CRS). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution and enforcement of this contract.Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws,rules and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,defense or otherwise.My provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution, 8. At all times during the performance of this Contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that have been or may hereafter be established. 9. The signatories hereto aver that they arc familiar with 18.8-301,et.seq.,(Bribery and Corrupt influences)and 18.8.401,et.seq.,(Abuse of Public Office), CRS 1978 Replacement Vol„ and that no violation of such provisions is present. 10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF, the panics hereto have executed this Contract on the day first above written. Contractor: (Full Legal Name)Weld -County Board of Commissioners STATE: F COLORADO ) ROY ROMER, GOVERNOR./ C.W. Kirby B -C yrL �-.t A.. /S ExLCurivE\ptRECToa. Position(Title) Chairman V 84-6000813 Social Setunly M1umMr or Federal ID.Number - DEPARTMENT /y OF T.nei1 Affairq (If Corporation.. E Area(Seal) '^.'`^arAv'�'rf�`.e• --'-B • 0x mil? e ^ ' Coryngm Sermon,or Lon a'rn Too n:Cny,Cwnq Clerk APPROVALS ATTORNEY GENERAL CONT ER BF�._ By c t:AVG CLIFFORD W. HALL I:V:CO3 GGdc i Legs( Cv cea Fee 4 •syh a the lost or 4 parrs 39!.'341.1030 tan ord I eta, 'Sec,nnnnWm to,rnene ode, a I -!m.1.4 890498 EXHIBIT A Scope of Services 890498 Homeless - Weld. County "Revised EXHIBIT A Dated July 1, 1989 SCOPE OF SERVICES AND PAYMENT SCHEDULE 1. $cope of Services. The Project consists of the provision of homeless services in accordance with the intent of the Stewart B. Mckinney Homeless Assistance Act (HAA) of 1987 and the Community Food and Nutrition (CFN) Program contained in the Human Services Reauthorization Act of September 30, 1988. The purposes of the HAA funding are to provide eligible entities services to enable homeless individuals to make the transition out of poverty; or to provide assistance in obtaining social and maintenance services and income support services for homeless individuals; or to promote the private sector and other assistance to homeless individuals. The Contractor's approved application submitted to the Department of Local Affairs (DLA), which solicited competitive proposals for HAA services, conforms to all three objectives of the Stewart B. Mckinney Homeless Assistance Act as stated above. The purposes of the CFN funding are to improve the coordination of existing private and public assistance resources to better serve low-income communities; to assist low-income communities to identify potential sponsors of child nutrition programs and initiate programs in unserved and under-served areas; and to develop innovative approaches at State and local levels to meet nutritional needs of low-income individuals. The Contractor's approved application submitted to ALA conforms to the first and third objectives of the Human Services Reauthoriztion Act of September 30, 1986. The Contractor has certified through application, that their activities include outreach and public education activities designed to inform low-income individuals and displaced workers of the nutrition services available to them under various federally assisted programs. Both of the Contractor's applications (HAA and CFN) are incorporated herein in their entirety and made a part of this Contract and remain on file with the DLA. The Contractor will be responsible for developing written agreements between its proposed subcontractors and itself. Such agreements will govern the activities to performed by the subcontractor, standards of performance by the subcontractor, and a mechanism for paying the subcontractor. HAA and CFN funds will finance this Project up to a maximum of S11,698. All costs in excess of $11,696 for the Project are the responsibility of the Contractor. The Contractor shall submit a final program and a final program report which shall include, at a minimum, all the program reporting items required by the State and a final expenditure report for each funding source. Page 1 of 2 Pages 89©498 Homeless - Weld County 2. Time of Performance The Project will commence upon the execution of the Original Contract and no CFN funds may be expended until the proper execution of this amendment. The Project will expire September 30, 1989 except that the Contract may be extended a maximum of 2 months subject to the mutual agreement of the State and the Contractor. A request for extension by the Contractor shall be submitted to the State at least 30 days prior to the expiration of the Contract with a full justification for the extension request. If approved by the State, written notification will be provided to the Offices of the State Controller and the State Attorney General. 3. Budget REVENUE EXPENDITURES HAA Funds S10,335 Homeless Services $10,335 CFN Funds $ 1 ,361 Nutrition Services $ 1,361 TOTAL $11,696 TOTAL $11,696 4. Payment Sche._ple I. $11,696 Interim payments to be made upon submission of appropriate documentation which include designated narrative and financial reports. The Contractor may request reimbursement every 30 days. S11,696 Total Project Costs 5. Contract Monitoring The State will monitor the Project on an as needed basis. Monitoring would be conducted by the DLA, Financial Assistance Services Section. 6. Reportinc SChedule The Contractor will submit a single financial and program narrative report detailing the progress of the Project at the completion of the Project for each funding source. Interim and final financial reports shall be done in accordance with the Financial Management Manual, revised February, 1988. Program reports will be required at the six month and at the conclusion of the Project. These reports shall describe and evaluate any difficulties encountered in accomplishing the specifics of the Project and suggest any improvements." Page 2 of 2 Pages *?Q498 A • STATE OF COLORADO DEP,(Rm4EMT OF LOCAL AFFAIRS ;"..c OFFICE OF THE EXECUTIVE DIRECTOR f„ +-+ • • 1111 Sherman Street, Rm. 578 \e %f�•r Denver utorado 8U:U$ Phone tJ01) 666.2771 . August 7. 1989 Roy Rorer Cuyemur Timothy w•$m.62 Inman*Director Ronorebie C. W. Kirby Chairman, Weld County Board of Comm. 915 - 10th St. Greeley, CO 80632 RE: cs a ECSH Weld County Contract Amendment Dear Chairman Kirby: Enclosed please find, a. copy of the fully executed contract between .bC rn.," r nr MLA and the Department of Local Affairs for the above referenced project Please work with Bill Verbeten at 866.3573 lit Denver for continuing contract assistance. Sincerely,(Z.Ckevey-Wate-Financial Assistance ices enc. 590498 Mfr MEMORA(1DUM C. W. Kirby, Chairman VIDcTo Board of County Commissioners Date June 12, 1939 COLORADO From Walter J. Speckman, Executive Director, Human Resources l-C1at : Purchase of Services Agreement Amendment between Weld County subject Head Start and Dr Bill Bassore Enclosed for Board approval is a Purchase of Services Agreement Amendment between Weld County Division of Human Resources' Head Start Program and Dr. Bill Bassore. This amendment extends the terms of the original agreement to August 31, 1989, and all other terms remain the same. Dr. Bill Bassore is providing services to the Head Start Program as supervisor of the playground project at the Frederick Head Start location. If you have any questions, please telephone me at 353-3816. A� .- wit r e•�. .;,,,., `;1ka ru s&,,,,+,. _.� rt Cz ,Ie <`v,r, '- �y, , tiarA.:Yklr,r. `vt,&`1r idt,iw�R'FfwAf"iii'/t w a� hNh ,+, '� 1p F`r 'r4YaF y{. .5 z t , Y, , \,w `:st,x,"g,. , ,..,4 ., bask xh frty.,, drA; j ` r,:e:‘'-""' Vim. r -Ah v' :„ `y .a y. vi v Yt ,, � Wield 1'ar,�algnatuw�ci,/i1��' cM4 three (3) cep1eS:4t this ssnam t, PIS. retur*two (2) f Vhf 00a t1*Y ;; hive been sighed�A ° If yaw have. any questions, please w,c telephone me at 353-3616. b90497 F I. PURCHASE OF SERVICES AGREEMENT AMENDMENT THIS AGREEMENT, made and entered into this 12th day of June , 1989, by and between the Weld County Division of Human Resources' Head Start Program, Weld County Government, hereinafter referred to as "Head Start," and Dr. Bill Bassore, hereinafter referred to as "Contractor." WITNESSETH WHEREAS, Head Start and the Contractor are desirous of amending the original agreement of Febrary 6, 1989. NOW, THEREFORE, it is mutually agreed: 1. Item number 10 should now read as follows: "The term of this Agreement shall be from December 1, 1988 through August 31, 1989." 2. All other items and conditions of the orgiinal agreement shall remain in effect unless otherwise stated in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. WELD COUNTY BOARD OF COMMISSIONERS CONTRACTOR C. W. Kirby, Chairman r. i assore WELD COUNTY DIVISION OF HUMAN RESOURCES �� L . ATTEST: T <e4.2lt� %J //7?/ Weld County Clerk and Recorder Walter J. Speckman, Txecutive Director By& putt' ounty ie 890497 WELD COUNTY , COLORAD VM0L - 1 PAYROLL FUND CLAIMS WARRANT P.O. & • _ NO. V0. NO. VENDOR AMOUNT 14372 83820 LARIMER COUNTY OWURT 245.57 1 14371 83827 THE HARTFORD INSURANCE GROUP 1,090.47 - I State of Colorado ) TOTAL 1,336.04 ) ss County of Weld ) This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Pages 1 through 1 and dated JUNE 12th , 1989 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount S 1,336.04 Dated this 12th day of JUNE , 1929 . Id County Finance Officer Subscribed and sworn to before me this 12th day of .NNE , 193 9 My Concision expires: My Comm:ssl°r+ txpirestuna a' 1`Y)0 • Notary Public State of Colorado ) ) ss County of Weld ) . We, the Board 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 pAygLL Fund totaling S 1,336.04 . Chairperson i'em�er mici i .. sins"... 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P to M P 2 - t F+ r. m = = D \ C4 r � N a m0 2 0 2 1 �.1- �+ C -n i C M Z O •G 3 a 9 O in .- O - 2 \ P 0 O A r n -1 a m m A �. a M c in D O C iD K 4 I C N V r M Z C 1 rn D S O A I 1 I P O -C I D m ' m m : 1 C• C I 3 D 4 L (� I O Z O I C A P .+ O 1 1 I C -4 T I C m in 7 A • I = = • • 7 N — 0 4 ro J in ro to z 0 CD N -I ~ C o r I C z n r I e 0 m (p D a IN m c 0 ro 0 1 I D O LP C I D D a I A O I' is m C+ P • b a H m m -4 1 I. O I .• -- n us rn P o c A 4 0 S a z a 1.1 rn b I r. •• m m . Z, Z CD I •- - •C• K O m 3 I co I D fn VD m \ m m D 1 M 2 A A 2 I I I O 2 0 • • IT r D • • 0 • • • • • • • • • • • • • • • • • • 0 c //0,L / g7 ; ? . 4662 Weld County Road 34 Platteville, CO 80651 June 4, 1989 County Commisioners Weld County 915 10th Street Greeley, CO 80631 Dear Sirs: Re: Mountain View Motor Sport Park 4133 Weld County Road 34, Mead I am writing this letter to notify you of a public nuisance situation and to request your assistance in remedying this problem. Several years ago, George Raterink requested annexation to the town of Mead as part of his plan to build the Mountain View Motor Sports Park. The original guarantees by Mr. Raterink were that this would be a "high performance driving school" and that there would be "no go-karts, no motorcycle races, no more noise than 1-25, all the cars would be required to have mufflers and there would be ample parking so that there would not be any traffic problems". Needless to say, all the "promises" and "guarantees" have been broken. The problem that presently is of greatest concern to me is that of illegal parking that blocks state roads. This facility is fronted on the West by the I-25 Frontage Road and on the south by Weld County Road 34. Both of these roads are posted at frequent intervals with NO PARKING signs. However, when there are spectator events at this facility, Road 34 is completely blocked from 1-25 for approximately 1/2 mile east with campers, trucks, cars parked along the road, double parked and stopped in the middle of the road. A similar, but less intense problem is found along the 1-25 Frontage Road. The workers at the track do not attempt to move these cars, but instead will stand in the road talking to the drivers of passing cars, thereby compounding the problem. Mr. Raterink has ample off road parking, but spectators refuse to use the available parking. On several occasions, visitors to my home have almost been in head-on collisions with these road blockers. You may wonder why I am writing to you concerning this matter since this would appear to be a problem for the Town of Mead. • Unfortunately, the Mead Town Clerk cannot find any records of the limitations placed on this facility as a result of the annexation, they are lost. Secondly, Mead did not annex the I-25 Frontage Road or Road 34 that front this facility on two sides. Therefore, the Town of Mead has no jurisdiction to police these roads. On May 7 and today, June 4, motorcycle races were held at this facility. The traffic problems were so bad that we have been forced to telephone the Colorado State Patrol on several occasions on both days, as did our neighbors. The State Patrol sent an officer several times on May 7 to disperse the crowds blocking the roads, but as soon as the officer left, the road would be blocked again. Today, there was no State Patrol unit available to assist us. The State Patrol is familiar with this facility, since last July 4th, they had to clear the exit and entrance ramps of 1-25, which were blocked with spectators. The Mead Town Clerk has notified us that Mr. Raterink has begun to install a fence around part of the track. He also has workers with two way radios on the above mentioned roads, but they simply insure that the exit of 1-25 is maintained clear of traffic, not the rest of these roads. My question to you is: "What can be done by Weld • County, as the government entity having jurisdiction over both of these roads, to insure that this traffic problem is adequately solved?" Mr. Raterink is voluntarily installing a fence that hopefully with deter at least some of the road blockers. The State Patrol has promised to notify all their units in this area to pull off I-25 on weekend days to ticket all illegal packers. However, I doubt that these are adequate measures to completely resolve this problem. Can the Weld County Road department work with Mr. Raterink to insure that adequate fencing is installed? Can Mead now annex this section of the roads to locally enforce the no parking restrictions? Can Mr. Raterink be made responsible for assisting in traffic control since he is the cause of the traffic problem? Should spectator events be banned at this facility if adequate traffic control is impractical? I would not rule out any reasonable soultion to this problem. My neighbors and I have a vested interest in this situation since access to our homes is blocked on a regular basis such that emergency vehicles can not reach us in timely fashion, if needed. In addition, our visitors risk life and limb to reach our homes on race days. Rather than waiting for a disaster to occur or to burden the State Patrol with requests for assistance, I have decided to write to you for assistance. I anxiously await your written reply and further action before the next such spectator event. Very truly yours, James M. Graziano, Esq. cc: Mountain View Motor Sport Park Weld County Attorney Mead Town Council .r.OwD J.CO N.0.\ JAa<W.Cain. 901..•0 r•LVCY 14100.0.4 Man JO».0. "' ' t,J111 <VOCNI 0.COM.AM0[. ..PAM CMaCO•A0.( .AMN a.'Myr IM100 CAN....0•bvMA HALL & EVANS AAr...tt.4.... Mote O.NOwtS JVO(NC O.O.NiIIS CAN C.w.YI.'AN.•J.. .IO.w...O4.a.•• MoteO.1..[0.11 COMM 1...M Mtww w O aMttN rotllP<.rliete[ ..Kl....11001.. .�Ou.R w wwvAM 99..1.6......C.. MCM.e A ..•N:NA.e.u.A. ATTORNEYS AT LAW ••mg 1.1.10044 M•.IOw 1.990-PNx • 691.00..WONO»A. 011.1.10O...wiN .A•M•A.ONO JOtM.at M(.t•.O•.. MViL..we Cm l.q Cronin A..mrt for ne SUITE 1700 ........•A..NMM.• ...A9 IC W.41...0. • ,No...w GAS A.CMAN• N.Y.v.OMIM.W. cm.*N,onto. ..CAC C.WIl4MO MO.•l .M.•NAK N.N'CV.O. a.MOMMK..AOMA.MI ro.M W.NA.Mu ..JAMA.. O M 1200 SEV ENTE ENTM STREET 405 LIMA MANR. .rtl. 4411 SCO.EO MOM!LOAESAN(. 9/090.MI.sO,. 4*0t A. Cm,. M .yC0 S.MMA. MM.S.M.MNA'. .rcN.1.W.J09tt AA1.tN As'nN DENVER, COLORADO 80202.5817 p..wMwb. J• A. .V I.J•. 10:1000 N.IIw. ar.Ca y NAAA.V•A ..l.w PtW..AIT OV MCA•v.CANtROM 0011.04..WVOMAN• Tf Lf PMONf JOJI620•J.'JOO M./S.0..MPIO..OM Memus%W<AfWC .•VC9 A.MIMI ACM*111..1110 .00.A.I%004P.M mime Eson•...MICA • . t Cabo...MAMI. Tf LECOP1ER 300/620.3000 4 e.smoa. Jiauti PI.o..CIA.N, 09..1 PAC Oa N.R(•t•1.100.0944109441mM N M.a sa. .... W. CAM...Wt.C. ONA..M .AAMro ov.a TELEX PIO-240.3620 O.MM aCosa. .4-1.900 AM.0.t$AP.11O p...%.11ASOA. Or COMM. 110.t1•r w N'e0w.C. •.N OA.t St* •[..tTN N.P.AN VOCt•.N.MutOVM .IOMUO 0.11.1.1. AMOAp 'N ..NM w CCM n(1MIM w•.C.01 COMO%O OWl•r.AC. O.W.l WN ta..OAN CATNINNIt A.4.NAMNAN .0.A.O O.IMO. 11.0001 WUNNOM .011..0 V..,OOKO*01•..) 6410 M.yMl.J..' euctrav w N<.ON<. _� Otto .4.4.0;WOW* CNYPO.N(A CiAO.PW M10MAt...MM. A. 'COLORADO SPRINGS O/rICE .— ANJ.5C, .ft .R11W.a.....190044KwM.• v(tf 0.11601..1.1900.. .art.O co NO..M COMMIEAv0NV( 000.1.10CA...O10 MOWN.Is WC.<.TM 00l09AO0•.•iW..CO.OPA0000.0]•PM Of(MMM a.OMTI0 OM•.O.CA.. V .aP.O.t WCCB•••00 WRITER'S DIRECT DIAL NUMBER! A.MM.0/40000 p..N.PeatIONS. 6ANV<..OM.P944 IMAIMONt 303/11110 00 .tuCQNI.n•/ta.•s.0 628-3374 File 264-1000 • • June 5, 1989 REGISTERED MAIL RETURN RECEIPT REQUESTED c ^ The Board of County Commissioners ••, weld County, Colorado P.O. Box 758 Greeley, Colorado 80632 ' 2 •7 ..J v Mr. Ed Jordan °' Sheriff of Weld County, Colorado P.O. Box 759 Greeley, Colorado 80632 Office of the County Attorney County of Weld P.O. Box 1948 Greeley, Colorado 80632 Re: Claim Against Sheriff's Office of Weld County, Colorado Gentlemen: The purpose of this letter is to provide notice to Weld County, Colorado and the Sheriff of Weld County, Colorado pursuant to C.R.S. §24-10-109 of a claim by Halliburton Company against the Sheriff of Weld County, Colorado. The name and address of the claimant and the name and the address of its attorney is as follows: rye 1()' v U�l iti The Board of County Commissioners County Attorney of Weld County Mr. Ed Jordan June 5, 1989 Page 2 Claimant - Halliburton Company 1015 Bois D'Arc Duncan, Oklahoma 73536 Attorney - Charles Greenhouse Hall & Evans 1200 Seventeenth Street Suite 1700 Denver, Colorado 80202 The factual basis for the claim is described in the Complaint attached hereto as Exhibit "A" . While the claim against the Sheriff's described in the Complaint is in the nature of a third-party beneficiary claim under the Letter of Credit, these facts also give rise to a claim based on negligence against the Weld County Sheriff. The name and address of the public employee involved is as follows: Ed Jordan P.O. Box 759 Greeley, Colorado 80632 The injury suffered is damage to oil and gas wells which is subject to oil and gas liens of Halliburton Company. These damages include loss of personal property which was the subject of Halliburton's oil and gas liens and damage to the wells themselves which are subject of the oil and gas liens of Halliburton Company. The monetary damages requested against the Sheriff of Weld County, Colorado is $50, 000. A claim is hereby made against Weld County, Colorado and the Sheriff of Weld County, Colorado for the sum of $50, 000 for its action in damaging the personal property which is the subject of the oil and gas liens of Halliburton. The Board of County Commissioners County Attorney of Weld County Mr. Ed Jordan June 5, 1989 Page 3 Please feel free to call if you have any questions. Very truly yours, 6S--a., -�--- Charles Greenhouse of HALL & EVANS CG:dlm cc: Mr. Jerry Stroud Mr. Brian Keith DISTRICT COURT. nix COUNTY STATE OF .COLORADO I CASE NO. 89CV455 Div/CtRm • SUMMONS ll HALLIHDRTON SERVICES, ED L. DAVID, HANK OF GREELEY, a Colorado : a Delaware Corporation, Corporation, DJR WELL SERVICE, INC. : ACTION P v. OILFIELD SERVICES, INC.: AL'S HOT OIL SERVICE, INC. : WILLIAM F. CONDON & ED JORDAN, t Plaintiff as Sheriff of Weld County, CO Defendant it l The People of the State of Colorado j j To the Defendants)named above HANK OF GREELEY '' You are summoned and required to file with the clerk of this court an answer or other response to the attached complaint within twenty(20) days after this summons is served on you in the State of Colorado. or within thirty (30)days after this summons is served on you outside the State of Colorado. • If you fail to file your answer or other response to the complaint in writing within the applicable time period. judgment by default may be entered.against you by the court for the relief demanded in the complaint. without any further notice to you. , The following documents arc also served with this summons: S" (9h5 a / Date: /J Ifn K IV AINne,bl Maimnl ol.:lens Shover H of Cr'", 1(N\nf0Mi11dMV.IVf['.Y/IN. se,Irl I ff.•1810/ 6......7"."-- // Charles Greenhouse, ;10506 • Gregory D. Thomas, #17080 HALL & EVANS This summons is issued pursuant to Rule 4. CRC?. as amended. 1200 17th St. , Ste.81700 must be served with this summons. Denver, Colorado 80202 A copy of the complaint (303) a18-13nn RETURN OF SERVICE ATTORNEYS FOR PLAINTIFF ;) / HALLIBURTON SERVICES State of MI . • County of ''fit-1, �7 I declare under oath that 1 served this summons and a cony of the complaint in this case on • '''fir- d�G7Ms ' 4. .;a , in ;P:-.7.. County on `:- •-==i- y at ! ?n t ,,,, at the following location: r,me :S:. /y 1 .57 • 1 by handing it to a person identified to me as the defendant. 0 by leaving it with the defendant who refused service. • ,5a by leaving it with f-:40rt -t"4O',.a designated to receive service for the defendant. g I am over the age of IS years and am not interested in nor a party to this case. :i I attempted to serve the defendant on occasions but have not been able to locate the defendant. Return to the plaintiff is made on Wit Subscribed and sworn to before me this r2 _ day of L )U.2 . 19 eg __ in ! i,/ ' 4 County. State of 11 ',1-43 • r _ Notary Pttblie ,J y,:„Y, •. Li t q 0 2 L/ Date titZ Private process server t.,\ 6 ,O'kAi` _,St tax' ❑ Sheriff. _ County 1) • 4 Service S HT tiO y 'ticC1Lt1` W, Mileage S / 00 'Notary should include address and eaoiration date of commission. F No.195CA.Rev.3.87. SUMMONS IN Cl t. EXHIBIT "A" o•RA f Z s • DISTRICT COURT, WELD COUNTY, STATE OF COLORA ! ' Civil Action No. •g7"(7//4'3S `. re -I `• COMPLAINT • .• u :I 2 . V HALLIBURTON SERVICES, a Delaware corporation;` � .. ;• Plaintiff, v. ED L. DAVID, BANK OF GREELEY, a Colorado corporation, DJR WELL SERVICE, INC. ; ACTION OILFIELD SERVICES, INC. ; AL'S HOT OIL SERVICE, INC. ; WILLIAM F. CONDON and ED JORDAN, as Sheriff of Weld County, Colorado, Defendants. COMES NOW Plaintiff, Halliburton Sery ;es, by its attorneys, HALL & EVANS, and for its Complaint again.._ Ed L. David, Bank of Greeley and Ed Jordan, as Sheriff of Weld Cc-znty, Colorado, states as follows: I. CERTJFICAXION REGARDING MANDATORY ARBITRATTSN 1. Plaintiff herein certifies that its claims against these Defendants exceed $50, 000. 00 and that probable recovery exceeds $50 , 000.00 and that Plaintiff is seeking equitable relief against certain of these Defendants and therefore mandatory arbitration does not apply to this Complaint. II. PARITIES 2. Plaintiff, Halliburton Services, is a Delaware corporation authorized to do business in Colorado and is in good standing. 3. P & P Oil Field Equipment, Inc. is a Colorado corporation, with its principal place of business in Weld County, Colorado and is currently under the protection of the United States Bankruptcy Code (11 USC 101 et seq. ) ("P & P") . P & P is also a named Defendant in lien foreclosure actions filed by Halliburton. 4. Bank of Greeley is a national banking association authorized to do business in Colorado with its principal place of business in Weld County, Colorado. ("Bank") . 5. Ed L. David is an individual .tut a gr oaf P & P who has or is currently residing in Weld County;_ d4V5rmdo. MAY I O 9 6. Ed Jordan is the Sheriff of Weld County, Colorado ("Defendant Sheriff") and is named as a party of this action as a result of a Writ of Execution issued by the District Court to the Weld County Sheriff's Department ordering the seizure of certain personal property. III. GENERAL ALLEGATIONS 7. In an action captioned as p & P Oil Field Ecuiument. Inc. v. Catamount Exploration, Inc. , Case No. 83CV850 in the District Court of Weld County, P & P obtained a judgment against Catamount Exploration, Inc. ("Catamount") . 8. In 1984, P & P obtained Writs of Execution and seized certain personal property purportedly belonging to Catamount. 9. Halliburton had also commenced actions against Catamount for foreclosure of its oil and gas well mechanic's liens on certain of the Subject Wells described below which are of at least equal priority if not senior to the interests of P & P in the property of Catamount. Halliburton named all interested parties in their suit whic: P & P did not do in auit. These actions have been stayed by the subsequent bankruptcy filing of Catamount and P & P. No judgment has been entered because of the provisions of the automatic nay of the U.S. Bankruptcy code. 10. As part of the P & P bankruptcy, the 3ank of Greeley obtained relief from stay in order to foreclose its interest in certain judgments which had been assigned to it by P & P. These judgments included the juc:ment P & P had obtained against Catamount. 11. Upon information and belief, the Bank of Greeley obtained new Writs of Execution from the District Court on or about January 5, 1989 to execute against Catamount's purported interest in certain oil and gas wells located in Weld County, .. Colorado, including the following wells: Long No. 1 Well, Long No. 2 Well, Long No. 3 Well, Swanson No. 1 Well, Swanson No. 2 Well, Dungan No. 1 Well, Long-Altex No. 1 Well, Altergott No. 1 well, Shaefer No. 1 Well, Rust No. 1 Well and Lorenz No. 1 Well ("the Subject Wells") . 12. Upon information and belief, Bank of Greeley, Ed L. David, DJR Well Service, Action Oilfield Services, Al 's Hot Oil Service and William E. Condon ("the Principal Defendants") acting under the direction of Ed L. David and the Bank of Greeley, although acting in the name of. P & P, caused the Sheriff of Weld County to seize equipment on the Subject Wells and that the proceeds of sale of such equipment will go to and for the benefit of the Bank of Greeley. -2- 13. The interest of Catamount in the Subject Wells expired in 1985. In 1987 , new leases were executed in favor of Nautilus Equipment, Inc. ("Nautilus") which is independent and separate from Catamount. 14. As a result of these new leases, Halliburton provided additional services, products and equipment to Nautilus in exchange for a mortgage and security agreement on such equipment. 15. Certain other new wells which were not in existence in 1984 and in which Catamount never had an interest, were drilled in 1987 by Catamount. Halliburton also provided services, products and equipment for the drilling of such wells. 16. Halliburton, as a secured creditor, has a claim which is senior and superior to that of P & P in the Nautilus equipment or a lien which is at least equal of P & P on all property owned by Catamount. 17 . That Defendant Sheriff, under direction of Ed L. David, seized equipment located on the Song No. 2 and Long No. 3 Wells which were drilled in 1987 and in which Catamount never had an inter t, and seized equipment off of other wells which had been repla ._d by Nautilus, again, in which Catamount did not have an interest, and seized equipment off of certain other wells where Halliburton's interest in such equipment was equal to or prior to that of P & P. 18. That in the course of seizure of such personal property and in an effort to remove all such personal property from the well site, inelucing casings, the Principal Defendants caused irreparable damage and h:::: -o the production of the wells thereby making the wells worthl- _nd preventing future production from such wells. 19. That by such actions, Halliburton's collateral has severly been impaired and damaged. 20. P & P and/or the Principal Defendants had full knowledge that the property the Sheriff was removing was subject to lien claims of Halliburton and that Halliburton was claiming a prior and senior lien or lien of equal priority to that of P & P. 21. That Halliburton has properly recorded its liens against the property with the Clerk and Recorder of Weld County, Colorado thereby giving constructive notice to P & P and the Principal Defendants of its lien claims. Further, Halliburton has attempted to foreclose its oil and gas well liens to the District Court of Weld County but has been stayed by the bankruptcy filings of Catamount and P & P. -3- IV. FIRST CLAIM FOR RELIEF CONVERSION 22. Plaintiff herein incorporates paragraphs 1 through 21 as if fully set forth herein. 23. The Principal Defendants by causing the Defendant Sheriff to seize, remove and destroy certain personal property encumbered by Halliburton's lien, has interfered with, wrongfully detained, or severly damaged such personal property securing Halliburton's indebtedness as to result in the loss of collateral to Halliburton' s detriment. 24 . The Principal Defendants acted with the intent to deprive Halliburton of the collateral securing its indebtedness. 25. The Principal Defendants have directly caused the loss and injury suffered by Halliburton by the removal of the personal property from the wells encumbered by Halliburton's liens. 26. Halliburton has been damaged as a direct and proximate consequence of such actions of the Principal Defendants in an - amount to be proven at trial. IV. 'ECOND CLAIM FOR RELIEF TRESPASS TO CHATTELS 27. Plaintiff `\erein incorporates paragraphs 1 through 26 as if fully set for herein. 28. The Principc ! Defendants have wrongfully interfered with Halliburton's interest .n personal property by causing the removal and detention of the personal property which was Lollateral for its indebtedness. 29 . The Principal Defendants acted with the intent to deprive Halliburton of its lien rights in the personal property by causing the Sheriff to seize such property. 30. As a direct and proximate result of the Principal Defendants' acts, Halliburton has been damaged and harmed in an amount to be proven at trial. V. THIRD CLAIM FROM RELIEF • TRESPASS TO LAND 31. Plaintiff herein incorporates paragraphs 1 through 30 as if fully set forth herein.- 32. The Principal Defendants have caused damage to the real property securing certain indebtedness to Halliburton by causing such real property to be damaged by an invasion of water and -4- thereby destroying the value of the real property as a producing oil and gas well and by removing certain pipes and casings from well sites which have also ruined the ability of the well to produce oil and gas. 33. The Principal Defendants acted with the intent to or with gross negligence and recklessness of the consequence of their actions to cause a physical invasion of Halliburton's interest in the real property by causing water to be pumped into the wells and/or the removal of casings to prevent the operation and production of the wells. 34. As a direct and proximate result of the Principal Defendants ' actions, Halliburton has been harmed and damaged in an amount to be proven at trial. VI. FOURTH CLAIM FOR RELIEF OUTRAGEOUS CONDUCT 35. Plaintiff herein incorporates paragraphs 1 through 34 as if fully set forth herein. 36. The Principal Defendants' actions in seizing ;uch personal property and in destroying the production capability of such wells, acted within extreme and outrageous conduct. 37. The Pr_..=ipal Defendants acted with -7e intent or with willful and reckless disregard of the conseguences of =heir actions in causing the equipment to be s .zed by the Weld County Sheriff's Depar_-ent, in causing the .umping of water into producing oil ,nc :s wells, and in causing the removal of casings of .corking oi_ :as wells. 38. The Principal Defendants acted with extreme and outrageous conduct or with a willful and reckless disregard of the consequences by obtaining a Writ of Execution against certain personal property which they knew, or should have known, was not the property of their judgment debtor, by attempting to satisfy a judgment which, upon information and belief, Halliburton states has been or has nearly been satisfied, and by bringing an action to determine oil and gas well lien claims without naming other lien claimants when such other lien claimants were readily discernable. 39. As a 'direct and proximate result and consequence of the Principal Defendants ' actions, Plaintiff has been damaged and harmed in an amount to be proven at trial. -5- VII. FIFTH CLAIM Z0$_BELIEF NEGLIGENCE 40. Plaintiff herein incorporates paragraphs 1 through 39 as if fully set forth herein. 41. The Principal Defendants_owe Plaintiff a duty not to interfere or impair Plaintiff's collateral securing its indebtedness because Plaintiff had properly recorded its security interest in the collateral and because Plaintiff's lien claims and those of P & P were of, at minimum, equal priority in the event Plaintiff's lien claims were not senior to those of P & P. 42. The Principal Defendants further owed a duty to Plaintiff to truthfully and accurately account for any payments made, to seize property belonging only to their judgment debtor, Catamount, and not to third-parties, to investigate and make inquiries as to the ownership of the personal property to be seized by the Sheriff, to seize such property if properly seizable, in a manner not to harm or destroy the property interest of third-parties including that of Halliburton, and not to damage . the producing capability of wells. 43 . The Principal Defendants breached this duty by failing to properly apply amounts paid on behalf of Catamount, by failing to inquire as to ownership of personal property being seized, by failing to properly oversee the removal of such property to prevent damage and injury to the property of third-persons, and by causing or allowing water to be injected into producing oil and gas wells. 44. That as a direct and proximate result of these breaches and actions of the Defendants David and the Bank of Greeley, Plaintiff has been harmed and damaged in an amount to be proven at trial. VII. $IXTI CLAIM FOR RELIEF CLAIM UNDER LETTER OF CREDIT 45. Plaintiff herein incorporates paragraphs 1 through 44 as if fully set forth herein. 46. To obtain the Defendant Sheriff's assistance in the seizure of such personal property, the Bank of Greeley posted with the Sheriff's Department, a letter of credit in the principal sum of $50,000. 00, a copy of which is attached as Exhibit "A". 47. Due to the improper seizure and damages caused by such seizure, Plaintiff is now entitled to proceed against the letter of credit and to collect the entire amount due and payable thereunder. -6- 48. That as a direct and proximate cause of the seizure of the equipment and the damage to producing oil and gas wells, Plaintiff has suffered damages and harm in an amount to be proven at trial. WHEREFORE, Plaintiff, Halliburton Services, pray that judgment be entered jointly and _severly against Principal Defendants as follows: a. ' In the amount of the fair market value of the property wrongfully and improperly seized by the Sheriff under the Writ of Execution. b. The value of the lost oil and gas wells and the reserves thereto which are no longer producible because of the damage to such wells caused by these Defendants. c. For punitive damages as a result of these Defendants willful, wanton or reckless conduct. d. For Plaintiff's attorney' fees, Court costs, interest and such otht_ relief as this C deers `ust and proper. That Judgment be entered against .ae Defendant Sheriff and Defendant Bank of Greeley as follows: a. For judgment gainst Ed Jordan, as Sheriff of Weld County, :oloradc ind Bd.:x of Greeley in the sum stated letter of cred ostea by the .:.x of Greeley to compensate Plaintiff for _mproper seizure zuy r.= personal property. :atea t::; Q day of HALL & £VANS % Charles Greenhouse, #10506 Kris E. Jukola, #13306 1200 17th Street, Suite 1700 Denver, Colorado 80202 (303) 628-3300 ATTORNEYS FOR HALLIBURTON SERVICES Plaintiff's Address: - 1015 Bois D'Arc P.O. Drawer 1431 Duncan, Oklahoma 73536 -7- '1 The Bank L) 822 lath Street. P.O. Box X of Greeley (303)352-7030 Greeley.Colorado 80632 Denver Metro loaAto own[0 (303)573-3917 ,....,ac FAX Machine(303)352.2118 IRREVOCABLE STANDBY LETTER O£ CREDIT OUR LETTER OF CREDIT NUMBER: 198805 DATE OF ISSUANCE: November 30, 1988 BENEFICIARY: Weld County Sheriff's Department AT THE REQUEST AND FOR THE ACCOUNT OF: Edward L. David 1439 41st Avenue Greeley, Colorado 80631 We hereby issue our Irrevocable Standby Letter of Credit No. 198805 which is _l.:ole by payments again. -eneficiar•: draft • tight' , drawn on The Bank of for amount not cceed S5C • Thousand U.Z. .._active irmeaiacely and exp.. . . : ac our tars at . :00 p.m. Mountain :candard Time, _ .ne 1, 1989. T standby '.otter of -credz's ;i.>ti: : to cur client' s performance under Distri . Court Civni /gaion Nc ", c 50 •_aaer •.aich a Writ of Execution has been .ued by • cat waer.. . er1 • Weld County has been ordered to sans.•; judgmer .. said case _ . cne rrxnc .mount of $196,196.30; judgment entered Decent _8. 1543. The Sheriff has . .t. requested to remove personal property from ...e Defendant's well sites as more fully sec forth in the attached Notice of Levy and Seizure. Any draft drawn under this letter of credit muse be accompanied by a signed statement chat the amount drawn represents the unpaid amount for services rendered, and costs forwarded, and billed as of the date of any such statement for services. Each draft drawn under this credit must be marked: Drawn tinder Credit Number 198805, dated November 30, 1988. • The Bank of Greeley hereby agrees to honor the draft drawn in compliance with the terms of this credit if duly presented (together with the documents specified) at this office on or before the expiration date. THE BANK OF GREELEY By: ,/7 Edward A. Capra, estdent Attachment /T EC pi= 1 EXHIBIT "A" • CERTIFICATE OR AFFInAVIT OF SERVICE Woan Cc'roorat, o'n c.r P•artnershio . ..TA1E (Jr CCLGFZOQ a. 2? C .' 455 1_QUNi`r CF WELD h^r€?O / \:[?rttf.' trlr:lt l :3ni O.1er 're .aea of 1'= ve 'r? &r'] Ca 1'•.. c. r••- i.'c. c,="'".c n. "7rat .. served 'nr-o the rl,mterieJArlt , I lc :",Il' ':;!= !"R.EELE'r n , CG C-i7C RY�VA1l C: At.e true CiO' 1-nt' I.C�ITIO1J tl�r , attaCnee ''here c .•'t rrl , !AAR ANR 'V . ' I'LL PFESILF.I; 1 Tier rn i - tij ✓re-e11'eant . I:.T. rREE!_'E`. on hie ..=:NL`. da•; c t MAY 1.989, -+t i ] _'•1': _. .lii. . ,� the CMU 7', Id•_.ie •, _Irate cl Col _r?do . MLtie7ae: Total i_1?FY 1' rzcE3n s'e.G'r,i t: nisi O,-e me r.hl.'n 7:2'4C Jay of ;:av i'39 , r1': d:'mIn:L icrl e>Otres: F'e r 1!.ary L"' IQQ3. � C.1L•_�J IL--- NQTAF I PUELIC WE; BOARD OP ASSESSMENT APPEALS i STATE OP COLORADO 1313 Sherman Street, Room 523 Denver, CO 80203 303/866-5880 I June 5, 1989 Richard J. & Jan M. Crawford 1745 Lewis Road Greeley, CO 80631 Re: RICHARD J. & JAN M. CRAWPORD vs. WELD COUNTY BOARD OP EQUALIZATION • (Docket Number 10537) Dear Mr. & Mrs. Crawford: This letter is to confirm our telephone conversation of June 5, 1989. The Board of Assessment Appeals has changed the hearing that was scheduled for the above-referenced appeal. The hearing date of Tuesday, June 13 , 1989 at 10: 30 am, has been changed to Wednesday, July 12, 1989 at 9:30 am. Feel free to contact me if you have any questions. Sincerely, , ika.iii._ (1\ J Diane M. DeVries Administrator for the Board DMD:tmg T4/10537res.ltr cc: Weld County Board of Equalization Weld County Attorney Ch °I le'+271g. Ct.kk •omen, SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING June 6, 1989 A regular meeting of the Weld County Planning Commission was held on June 6, 1989, 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, Bud Balldorson at 1:30 p.m. Tape 345 - Side 1 Ann Garrison Present Jerry Burnett Absent - Telephoned Ivan Cosnell Absent - Telephoned Lynn Brown Present LeAnn Reid Absent - Telephoned Rick Iverson Absent - Telephoned Jerry Kiefer Present Ernie Ross Absent Bud Balldorson Present Also present: Rod Allison, Principal 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 16, 1989, was approved as distributed. CASE NUMBER: Z-449 APPLICANT: Earold Reese, Jr. (continued from May 16, 1989) REQUEST: A Change of Zone from A (Agricultural) and C-3 (Commercial) to PUD (Planned Unit Development) . LEGAL DESCRIPTION: Part of the SEA of Section 10, and part of the NE} of Section 15, all in 22N, R6SW of the 6th P.M., Weld County, Colorado LOCATION: Approximately .5 miles south of Colorado Highway 119 and west of I-25. APPEARANCE: Mike McDonougah, AICP, Land Consultants, Longmont, Colorado, represented the applicant. They have tried to develop this land several times in the past. Now, the Comprehensive Plan has been changed to allow a Mixed-Use Planned Unit Development in this area. Public water and sewer is available, and the Tri-Area Planning Commission unanimously recommended approval. Tape 345 - Side 2 Summary of the Weld County Planning Commission Meeting June 6, 1989 Page 2 However, because of the State Highway Department's recommendation, the Planning staff has no alternative except to recommend denial to the Planning Commission. They will be meeting with the State Highway Department tomorrow. Because this request has been continued several times, he wanted the Planning Commission to know they are actively working toward solving the problems that have arisen, and asked for continuance until the regular meeting of the Planning Commission on June 20, 1989. MOTION: Jerry Kiefer moved Case Number 2-449 for Harold Reese, Jr. , for a Change of Zone from A (Agricultural) and C-3 (Commercial) to a Planned Unit Development be continued to the regularly scheduled meeting of the Planning Commission on June 20, 1989, at 1:30 p.m. to allow the applicant time respond to the State Highway Department's recommendation. 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. Jerry Kiefer - yes; Lynn Brown - yes; Ann Garrison - yes; Ernie Ross - yes; Bud Halldorson - yes. Motion carried unanimously. CASE NUMBER: USR-880 APPLICANT: Myrtle Cubbison REQUEST: A Site Specific Development Plan and a Special Review permit for a Home Business (Beauty Salon) in the A (Agricultural) zone district LEGAL DESCRIPTION: Lot 8, Block 66, Aristocrat Ranchettes Subdivision, Weld County, Colorado LOCATION: Approximately 1 mile north of the City of Fort Lupton; 15213 Barley Avenue, Aristocrat Ranchettes Subdivision. APPEARANCE: Myrtle Cubbison, applicant, reviewed her plans for a beauty salon on this property. She has reviewed the recommendation of the staff and discussed the requirements with the staff and feels she should be able to maintain these requirements. The Chairman called for discussion from the audience. There was none. Summary of the Weld County Planning Commission Meeting June 6, 1989 Page 2 Bud Halidorson reported he had done a field check on this property. The property appeared well-kept and he could foresee no problems with this type of a home business on the property. MOTION: Ernie Ross moved Case Number USR-820 for Myrtle Cubbison for a site specific development plan and a special review permit for a home business (beauty salon) in the A (Agricultural) zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and development standards presented by the Department of Planning Services' staff and the testimony heard by the Planning Commission. Motion seconded by Lynn Brown. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jerry Kiefer - yes; Lynn Brown - yes; Ann Garrison - yes; Ernie Ross - yes; Bud Ealldorson - yes. Motion carried unanimously. The Chairman reminded the Planning Commission members the first meeting in July falls on July 4. Earlier in the year, the Planning Commission rescheduled the meeting to Thursday, July 6. Meeting was adjourned at 2:15 p.m. Respectfully submitted, �O\eat �J.. ck t a Bobbie Good Secretary C0ELDttlflry *sir,.74 Hi hv�raWY ,. . _ g Ynp , Colorado Department of Highways 't.; 4201 E. Arkansas Ave. Denver, CO. 80222 For More Information: 757-9228 *89-22 JUNE 1, 1989 COMMISSION MEETING SCHEDULED JUNE 15 State Highway Commissioners will meet Thursday, June 15 in Denver to consider road and bridge budget issues and to reconvene a public hearing on the Department of Highways minority business enterprise, Disadvantaged Business Enterprise program and goals. The meeting is scheduled to begin at 8:30 in the headquarters auditorium at 4201 E. Arkansas Avenue. Commissioners will discuss and act on budget supplements; hear a report on future highway research; and get a briefing on the Highway System of National Significance. They will also consider a resolution regarding an air quality policy statement for the Denver metropolitan area. At 1: 30 the policy board will recovene the DBE public hearing continued from April 19. No further public testimony will be admitted to the record. At issue are minority and womens goals for state-funded consulting and construction projects, and for purchasing. CONSTRUCTION BIDDING ACTIVITY FOR JUNE 1 IRM-M 1115(15) KINING ST. IN ARVADA New Kipling St. construction in Arvada for half a mile near 58th Avenue and Ralston Road. consisting of grading, storm sewer, hot bituminous pavement. signing, striping, lighting, signalization, topsoil, seeding and mulching, in Jefferson county. Number of bidders: Five (5) Apparently successful bidder: $2.059,570 from BT Construction, Inc. of Broomfield Calls for completion within: 80 working days Preconstruction Project Manager: Larry Glasser Resident engineer: Gary Self. Denver (over) Highway News Page 2 CX 01-0030-03 HAMPDEN AVE./HAVANA ST. IN SOUTHEASflRN DENVER Resurfacing Hampden Avenue and South Havana St. in Denver and Aurora, which is S.H. 30, which includes planing, hot bituminous pavement overlay, plant mixed seal coat and striping, beginning at Interstate 25 and extending about 3.9 miles easterly to S.H. 83 (Parker Rd. ) in Denver and Arapahoe counties, CX 01-0030-03. Number of bidders: Six (6) Apparently successful bidder: $724,828 from The Brannan Sand S Gravel Company of Denver Calls for completion within: 30 working days Preconstruction Project Manager : Raymond J. Aberle Resident engineer: Bernie Paiz, Denver BIDS TO BE OPENED ADD: JUNE 15. 10:45 a.m. , refurbishing thermoplastic pavement marking in the Denver area, in various counties. MP 99-6000-4O. NEW: J`INE Z2. 2:30 a.m. , resurfacing U.S. 34 between Akron and Otis in Washington county, which includes grading, hot bituminous and concrete pavement, drainage, striping, plant mixed seal coat, and curb and gutter. combined with a machine patching project on U.S. 34. S.H. 61 and S.H. 63 at various locations, CXFR 27-0034-03 and MP(ES) 99-4000-15. 9:45 a.m. , minor widening in Grand Junction at two locations, which includes grading, aggregate base course. hot bituminous pavement, drainage, curb and gutter, sidewalk and striping, located on Orchard Avenue beginning at 29 Road and extending half a mile east also located on 29 1/2 road beginning at North Avenue and extending half a mile north, in Mesa county, MR 7400(16) . COXTRACTy AW&RDED Road/ Bid Contract Pro ect Stree Description Awards¢ toOpening Awarded HES 0004(31) U.S. 287 north median curb Colorado Const. 4/27/89 5/12/89 of S.N. 66 replacement S Concrete, Inc. near Longmont $41,506 Award Coals DBE 10% committed DER 0% (more) Highway News Page 3 CONTRACTS AWARDED Road/ Bid Contract Project Street Description Awarded to 22422ing Awarded I 76-1(137) I-76 at 1-25 New bridge Centric/Jones 5/4/89 5/19/89 I 76-1(127) north of construction Company Denver $5,099,369 Award Goals DBE 13.5% Committed DBE 10.06% FR 014-2(17) S.H. 14 east Bridge Western Mobile, 5/4/89 5/17/89 of Fort replacement Inc. dba Sterling Collins Paving Company $1,938,837 Award Goals DBE 8.5% Committed DBE 8.5% SR 0067(3) S.H. 67 south Resurfacing Kiewit Western 5/11/89 5/17/89 of Divide Company $475,368 Award Coals DBE 8% Committed DBE 8.56% BRF 550-2(17) U.S. 550 Realignment Kiewit Western 5/11/89 5/17/89 north of & bridge Company Ridgway replacement $976.177 Award Coals DBE 22% Committed DBE 22% IR 76-1(148) I-76 at Bridge Technology 5/11/89 5/24/89 at U.S. 85 in rehabilitation Constructors, Adams county Inc. $61,361 Award Coals DBE 13% Committed DBE 100% CX-CX(CF) 6th Ave. in Resurfacing Tarco, Inc. 5/18/89 5/24/89 10.0030-14 Aurora $291.709 Award Coals DBE 8.5% Committed DBE 29.3% (over) NO! Highway News Page 4 1 � g NO! ❑ NO! YES! Wear it right! Shoulder bolts should be snug. Don't allow more than 1 inch of slack.Never wear the belt behind your back or under your arm.The correct position is over the shoulder,snug across the chest,and low on the lap. usomuwnw. arwoonwan COLORADO DEPARTMENT OF HIGHWAYS -I fr,., n esearc e tter May 31, 1989 ON THE "FAST TRACK" .. `` c "`44 . • The Research Branch has recently startedMOW t. -y" • %, 'j evaluation on a new paving procedure to"fast track" ` 'fs ' N°0 " concrete pavement construction. "Fast track" is an , h. .° accelerated paving technique expected to become a ; ,,,y4* 4 r, £ . i viable alternative to asphaltic pavements. Rigid r'"- -`°'C "' •,^' pavements, notable for their long service lives, are " ; •-1/4,.usually bypassed in rehabilitative efforts because long it-s. acr curing times can be disruptive to traffic demands. -; 'C. 4.,' , Rigid pavements are competitive price-wise and exhibit ,�'t4 a, - ,,. Y,, ,t.- ,t.•• favorable life-cycle costs in comparison to asphalt. Patrol 15,of Maintenance Section 1, repairing a Type The recent development of maturity meters 3F medium barrier end treatment. now allow on-the-job monitoring of concrete strength, based on curingtemperature. This new experimental testing procedure can potentially save four hours TRAINING TAPES AVAILABLE SOON over the present method of breaking test cylinders. Using the"fast track"method,traffic may he allowed Modern highway safety hardware is designed on the pavement as early as 48 hours. to accommodate a wide range of vehicles weights and The accelerated paving technique was recently heights. This often leads to safety devices which are tried on a intersection project to Sterling. Engineer- heights. to build and sensitive to seemingly minor in ing staff from the Research Branch and the FHWA, deviations. The Research Branch is developing two who own the maturity meter,were on hand to evalu- ate the procedure. District lab personnel provided repair sequences for two guardrail end treatments, standard testing to correlate the results of the matur- The Colorado Type 3E guardrail end treat- ity meter. The study calls for the evalution of two ment and the Colorado Type 3F medium barrier end more project sites that are yet undetermined. At that time, if the outcome of these three studies proves treatment will be the subjects of these tapes. The successful,"fast track" projects will become an inte- tapes will show some of the development work done on the end treatments,general inspection techniques gral part of the Department's pavement design pro- for end treatments, as well as the proper repair cedure. method. The tapes and a companion guidebook are scheduled for completion this summer. Please con- tact Dave Woodham at 757-9975 for more informa- tion. y,. './' 4 barrier would practically eliminate the hazard to ROCKFALL SIMULATION this potentially dangerous rockfall area. Without the design model, changes would have been limited to PROGRAM COMPLETED the type 4 barrier and damage to the barrier would READY TO GO . . . . have been a maintenance problem and a safety haz- ard. The Colorado Rockall Simulation Program (CRSP) developed under a CDOH research study Copies of this program, along with a report was recently demonstrated to district field personnel that describes how to use it. are available from the on a cut slope near Grant, Colorado on SH 285. The Research Branch. embankment is being cut back on a 1 to 1 slope to allow room for widening the highway. TRANSPORTATION RESEARCH GROUP The embankment ranges from fine soil to UNDER DEVELOPMENT large boulders several feet in diameter which could come loose and be a hazard. Above the cut is a slope A coordinated effort is underway to establish of about 5 to 1 with well established vegetation and no a consortium for performing transportation research evidence of rockfall. It is expected that any falling on major topics in Colorado. Problems capable of rock will come from the cut slope and not above it. being researched by Colorado state universities,and not duplicated by a major institute located outside For the computer program input, three feet the state,will be the main objective of the group. The was chosen as the maximum probable rock size which intent of the overall effort is to establish a high quality would come loose and travel down the slope. Al- program; recognizable for expertise in performing though larger rocks are in the embankment, it is research on selected topics. Colorado's state univer- expected that when the slope is groomed,rocks larger sities appear to be uniquely qualified in topics dealing than three feet, which could come loose, will be with geology, hydrology, and structural engineering. removed. In the spirit of looking at the worse case,all Additional subjects being considered include:safety, the rocks were assumed to come from the top part of urban traffic, human behavior factors, and others. the slope. The first step in the process will he to establish The CRSP showed that all the rocks originat- the current capabilities of Colorado's state transpor- ing within the cut slope would roll across the roadway. tation research universities. Initially, these schools However, because of the flat area off the shoulder, will consist of the Civil Engineering Departments of the rocks remained close to the ground as they en- the University of Colorado at Boulder. University of tered the roadway. The program indicated that a Colorado at Denver.Colorado State University.and type 4(Jersey barrier)would provide adequate traf- the Colorado School of Mines. Ultimately, the Uni- tic protection, In order to reduce the energy of the versify of Southern Colorado will be included, espe- falling rocks and the probability of a large rock cially as it relates to the Transportation Test Center damaging or breaking through the barrier an adjust- located in Pueblo. ment to the sideslope was tested. By extending the 4 to 1 slope off the shoulder and cutting away the last 10 Secondly,the group will need to identify pos- feet of the 1 to 1 cut and making it 0.5 to 1.energy of sible funding sources for the proposed research ac- the falling rocks as they approached the barrier was tivities. However, this item is dependent upon the drastically reduced. This energy reduction was brought research topics identified by the highway department about by the change in the profile that made the rocks or other user agencies. impact the ground close to perpendicular. A similar effort,the Mountain-Plains Consor- The use of this model indicated some minor tium Transportation Research and Extension, has changes to the slope profile and the addition of a type identified rural transportation as its emphasis area. Call the RABBIT for the latest r_ information on new CDOH and FHWA reports, the latest in Research happenings, the '' 4 • Roadwatch construction n report (updated every Friday), ti the "go sheet" (updated once a week), and Tidbits of interesting information. AtstiC All you need is a computer and modem. The number is 757-9509. Call 757-9220 if you would like to receive an information package on SHRP PROGRAM UPDATE using the RABBIT. Site verification has been completed for the sixteen general pavement study sites in Colorado for the Strategic Highway Research Program (SHRP). MODULUS VS R-VALUES The sites,selected to include a broad variety of mate- RESILIENT rials, designs, climates, subbase, loadings and ages, include the following: Determining proper correlations between resilient modulus and the R-values of the Colorado TYPE OF PAVEMENT highway subgrade is the emphasis of a new research -Asphaltic Concrete (AC) on 4 report"Resilient Properties of Colorado Soils". granular base -AC on stabilized base 1 The written report is being prepared by the -Jointed plain concrete 2 Soils and Foundation Unit of the Staff Materials Lab -AC overlay of AC 5 who selected a total of 16 representative soil samples -AC overlay of Jointed to analyze. These samples,common in the Colorado Concrete Pavement (JCP) 2 highway system, had R-values ranging from 6 to 80. -Unbonded overlay of JCP 2 The Colorado Department of Highways has used stabilimeter R-values for the design of pavement In addition to the above experiments, Colo- structures for the past two decades. However. the rado will also participate in the following two specific 1986 AASHTO guide for design of pavement struc- pavement studies: "Preventative Maintenance for tures uses resilient modulus as the key parameter for Flexible Pavements"and"Rehabilitation of Asphalt determination of subgrade property. Concrete Pavements". For the first study a site has already been selected in District II and there are two These test results, correlated by computer sites in District I under consideration for the latter regression analysis, has enabled the Department to study. adopt the 1986 AASHTO pavement guide while still providing fast turn-around time when testing for soil Materials Sampling and deflection testing of strength. all the general and specific pavement sites will start in June. The testing will be a coordinated effort be- tween the SHRP contractor, the research staff, and maintenance personnel from the respective districts. New CDOH Research Publications CDOH-DTP-R-88-10 CDOH-DTD-ED3/CSM-89-2 EFFECTIVENESS OF GEOGRID AND GEOTEX- ROCKFALL MODELING AND ATTENUATOR TILES IN EMBANKMENT REINFORCEIVIENT. TESTING Dr.Tzong H. Wu and Barry Seil Robert Barrett. Timothy Bowen, Jerry Higgins and Timothy Pfeiffer Investigates the effectiveness of using Tensar SS-2 geogrid by comparing settlement results in a Examines two rockfall attenuator designs that study that also included Trevira 1127 nonwoven were constructed and tested in a valley near Ritle, geotextile,steel reinforcements,and no tensile rein- CO.The tests provided much needed data forattenu- forcement. ator improvements and validation of the rockfall computer model developed by the authors and the CDOH-DTP-R-89.1 _ department. TRUCK TIRE PRESSURES IN COLORADO Dr. Charles L. Bartholomew GEOSYNTHETICS FORUM Colorado Department of Highways Over 1500 tires at three truck weigh stations were surveyed for truck tire pressures in this study. Contains four papers presented at the Geosyn- Combined with the samples of rutted and non-rutted thetics Forum, held at the University of Colorado at asphalt pavement samples taken at several locations Denver, April 13& 14, 1989. in Colorado,it shows that a 100 psi overall average is consistent with current literature and other state's studies. Single copies arc available tree of charge and may be obtained by calling the,number below. _ Y COLORADO DEPARTMENT OF HIGHWAYS � '1eclnalogryTransfer 'Unit 2 4201 EAST ARKANSAS AVENUE, WEST ANNEX DENVER, COLORADO 80222 Board Count of County We Commissioners v 915 10th Street Greeley, Cp 80631 MINUTES WELD COUNTY COUNCIL May 3, 1989 Tape 4/89 The Weld County Council met in regular session in full conformity with the Weld County Home Rule Charter at 915 Tenth Street, Greeley, Colorado on Wednesday, May 3, 1989, at 7:30 p.m. ROLL CALL The following members were present in person: President Norman Carlson, Vice President Doris W. Williams, Councilman Marion Richter and Councilman Harold Fahrenbruch. Councilman Stewart was absent. Also present for the meeting was Tom David, Paul Stoddard, Dick Keirnes, one reporter, two students, and the Council Secretary. MINUTES: Councilman Fahrenbruch moved to approve the minutes for the April 5 meeting. Councilwoman Williams seconded the motion and it passed unanimously. CORRESPONDENCE: President Carlson made note of the correspondence received. APPOINTMENTS: President Carlson volunteered to attend both the Elected Officials (5/8) and the Board meeting of (5/17). No Council members are able to attend the Road & Bridge Tour planned for 5/6. REPORTS: No one was able to attend the Elected Officials Meeting on April 10. OLD BUSINESS: HOME RULE CHARTER AMENDMENTS President Carlson suggested the following sections be revised in reviewing Articles VI through X. County Attorney Tom David was present to assist the Council . Section 6-3: Regarding vacancies in elected offices. Change the word "filed" to "filled". Mr. David: Advised that this copy would have to be compared with the original document, in order to determine where the error is. It should be changed under housekeeping measures. Section 6-1 : This section would only change if the supervision of the Clerk to the Board would be under the Commissioners instead of the Clerk and Recorder's Office. President Carlson also noted page 38 (Article VIII - County Clerk) which would also need changes if the supervision changed. Paul Stoddard stated that he had no changes to Article IX. He did comment on the only source of income for the coroner's office, which is $25.00 per case. This amount was originally set by the state. It is now set by the County. Dick Kerines had no problems with Article VII on the office and duties of the County Assessor. He did, however, comment on Section 15-3 (5) in regards to the petition requirements. He stated that there is no way to check the signatures on the peition to determine if they meet the requirements. He stated that this omission could lead to abuse of the system. He suggested changing the "qualified electors" to "registered voters". • ifAf.\ ' u\‘'),\t/A 1 • Page 2 County Council Minutes May 3, 1989 OLD BUSINESS CONTINUED: Discussion took place on the issue of increasing the percentage requirements from 15 to 20%. Mary Ann Feuerstein, in her letter, had no changes to Article III. She did submit changes to Section 13-9 Nomination of Councilmen. She advised that a federal mandate from the US Justice Department requires that absentee ballots be mailed 30 days prior to the General Election. The Colorado State Election Law has been changed to meet those requirements. To meet the deadline for printing ballots prior to election is forty five days. Therefore: Section 13-9 (2) : "fortyfifth" day changed to "sixtieth" day (4): "fifteen" days changed to "fifty" days (6): "forty-fifth" day changed to "sixtieth" day 8): "eighteen" days changed to "fifty" days (9) : "thirtieth" day changed to "forthy-fifth" day She also suggested an overall update to the Charter, where the word "qualified" elector appears, should be changed to "registered" elector. In addition, she commented on the Clerk to the Board's office. She stated that originally it was set up under the Clerk's supervision as a "check and balance" between the Commissioners and the Clerk when commissioners authorized money to be spent and the clerk had the duty of issuing warrants. Currently, the Finance department does the accounting and the clerks signature on the warrant simply attests to the commissioner signature which appears on the warrant. Mr. Keirnes suggested to the Council that appointed positions be considered for the Assessor and other elected official offices, that are normally elected by citizens. He felt that by doing so, more qualified people could be hired for a more efficient management of the county. Discussion ensued on the limitations of power by county officials do to state laws. At the next meeting Articles XI through XVIII will be discussed and reviewed. ELECTED OFFICIAL'S SALARY Councilman Fahrenbruch suggested to follow the recommendations given by the state legislature regarding salaries for elected officials. Additional , information was provided by Councilman Fahrenbruch on the salaries of chief deputies and staff within each elected office. It was also suggested that the increased salary be divided in to two separate distributions. The Council discussed the urgency of determining the salary within an alotted time. Councilman Richter moved that the Council make the recommendation to citizens that the Home Rule Charter be removed from the County. By doing so the County's salaries for elected officials would be set by the state legislature, ending the debate on increasing the salaries or not. However, Tom Daivd informed the Council that they could not make such a motion to dissolve the home rule charter. The decision to put the home rule question on the ballot has to come from a petition of qualified voters (15 percent) living within the county. Because the elimination of the charter can only be done by qualified voters, the Chariman declared the motion invalid. Councilman Fahrenbruch moved to table the elected official salary issue to the next council meeting do to the absence of Councilman Stewart. The motion was seconded by Councilwoman Williams and it passed unanimously. Page 3 County Council Minutes May 3, 1989 NEW BUSINESS CONTINUED: Councilman Richter moved to approve payment of the April bills, as amended by the Council Secretary. Councilman Fahrenbruch seconded the motion and it passed unanimously. PUBLIC COMMENTS There were none. ADJOURNMENT There being no further business the meeting was adjourned. The time of adjournment was 8:45 p.m. , on May 3, 1989. Norman Carlson, President 4r: 4 ' - 4 ' '-to Ann Goodwin-Rossler, Secretary ' 'O/ Le Approved Barrett Energy Company A wnoitrowned subsidiary or Barrett Resources Corporation 1125 17th Street• Suite 2100• Denver, Colorado 80202• (303)297.3900 7 June 7, 1989 0 o — or Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 --- • JRe: Release of Oil and Gas Lease •,� %-< Arnold #1 Well weld County, CO Keensburg Prospect BECO react' #CO-81-3 Dear sir: The Arnold #1 well has been plugged. Enclosed for your records is a copy of the recorded Release of Oil and Gas Lease. If you have any questions, please feel free to contact us. Sincerely, -et�Gdeu Linda L. Krausert LLK:sm enclosures RECORD OF PROCEEDINGS MINUTES BOAFD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 12, 1989 TAPE #89-24 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, June 12, 1989, 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 C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene R. Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Weld County Attorney, Thomas 0. David Acting Clerk to the Board, Tommie Antuna MINUTES: Commissioner Kennedy moved to approve the minutes of the Board of County Commissioners meeting of June 7, 1989, as printed. Commissioner Lacy seconded the motion, and it carried with Commissioner Brantner abstaining because he was excused from said meeting. ADDITIONS: Chairman Kirby added as Item #17 under New Business - Consider Resolution re: Declare Certain Vehicle as Surplus Property. CONSENT AGENDA: Commissioner Lacy moved to approve the consent agenda as printed. Commissioner Brantner seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: Commissioner Lacy, reporting on the Engineering Department, said the Trucking Division did not gravel any roads this past week because the crews were busy working on washouts and upgrades. Approximately 4,475 tons of pit run and crushed rock were hauled to be used on the washouts. He said the Mining Division has screened and crushed 208,638 tons of material this year. Commissioner Lacy also reported on the Bridge Division, saying that trees and trash were cleaned from under Bridge 53/66A. WARRANTS: Claud Hanes presented the following warrants for approval by the Board: General fund $450,958.59 Social Services 235,906.70 Handwritten warrants: Payroll 1,336.04 -\ -, m 1- _f Commissioner Lacy moved to approve the warrants as presented by Mr. Hanes. Commissioner Kennedy seconded the motion which carried unanimously. BUSINESS: NEW: CONSIDER RENEWAL REQUEST FOR 3.2% BEER LICENSE FROM JOHN E. MARTINEZ, DBA GILL RECREATION CENTER: Sgt. Dave Malcolm, of the Sheriff's Department, said there have been no problems at this establishment during the past year. Commissioner Brantner moved to approve the renewal of a 3.2% Beer License for John E. Martinez, dba Gill Recreation Center. Seconded by Commissioner Lacy, the motion carried unanimously. CONSIDER RENEWAL REQUEST FOR TAVERN LIQUOR LICENSE FROM RAFFERTYS, INC: Sgt. Malcolm said there have been no problems at this establishment during the past year. Commissioner Brnntner moved to approve the renewal of a Tavern Liquor License for Raffertys, Inc. Commissioner Kennedy seconded the motion which carried unanimously. CONSIDER TUBERCULOSIS CONTROL CONTRACT WITH STATE DEPARTMENT OF HEALTH AND AUTHORIZE CHAIRMAN TO SIGN: Debbie Drew, representing the Health Department, said this Contract with the State Department of Health is basically the same as last year's. Commissioner Brantner moved to approve the Tuberculosis Control Contract and authorize the Chairman to sign. Commissioner Kennedy seconded the motion, and it carried unanimously. CONSIDER HANDICAPPED CHILDREN'S PROGRAM CONTRACT WITH STATE DEPARTMENT OF HEALTH AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Drew said this is the same as last year's Contract. Commissioner Lacy moved to approve the Handicapped Children's Program Contract and authorize the Chairman to sign. The motion was seconded by Commissioner Brantner, and it carried unanimously. CONSIDER FAMILY PLANNING PROGRAM CONTRACT WITH STATE DEPARTMENT OF HEALTH AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Drew said the award from the State Department of Health will decrease slightly this year because the number of persons which are seeking family planning has dropped. Commissioner Kennedy moved to approve said Contract and authorize the Chairman to sign. Commissioner Lacy seconded the motion, and it carried unanimously. CONSIDER CONTRACT AMENDMENT BETWEEN WELD COUNTY DIVISION OF HUMAN RESOURCES AND COLORADO DEPARTMENT OF LOCAL AFFAIRS AND AUTHORIZE CHAIRMAN TO SIGN: Jeannie Tacker, representing the Department of Human Resources, said this amendment concerns the subcontracting of Community Food and Nutrition monies to Weld Information and Referral Services to be used to provide emergency food to those who are eligible. Commissioner Lacy moved to approve said Contract Amendment and authorize the Chairman to sign. Seconded by Commissioner Kennedy, the motion carried unanimously. CONSIDER AMENDMENT TO PURCHASE OF SERVICES AGREEMENT WITH DR. BILL BASSORE AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Tacker said this Amendment is to extend the terms of the original Agreement to August 31, 1989. Commissioner Johnson moved to approve the Amendment to said Agreement. The motion was seconded by Commissioner Kennedy, and it carried unanimously. Minutes — June 12. 1989 Page 2 CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WCR 15 AT WCR 20: Commissioner Lacy said that, after a traffic control study, the recommendation from the Department of Engineering is to install "Stop Ahead" and "Stop" signs on Weld County Road 15 at its intersection with Weld County Road 20. Commissioner Lacy moved to approve the installation of the traffic control devices on Weld County Road 15 at its intersection with Weld County Road 20. Seconded by Commissioner Kennedy, the motion carried unanimously. CONSIDER CHANGE OF SPEED LIMIT ON WCR 5 BETWEEN STATE HIGHWAY 52 AND WCR 6: Commissioner Lacy said the original speed limit of 25 miles per hour, for trucks over 8,000 pounds, was set to help control the dust problem on this road. The Road and Bridge Department has now applied asphalt to this portion of County Road 5; therefore, it is recommended that the existing speed limit be changed to 45 miles per hour. Commissioner Lacy moved to approve said change of speed limit on Weld County Road 5 between State Highway 52 and Weld County Road 6. The motion, which was seconded by Commissioner Kennedy, carried unanimously. CONSIDER VETERANS SERVICE MONTHLY REPORT FOR MAY, 1989, AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Lacy moved to approve said Report and authorize the Chairman to sign. Commissioner Kennedy seconded the motion which carried unanimously. CONSIDER RESOLUTION RE: JUVENILE DIVERSION CONTRACT AND AUTHORIZE CHAIRMAN TO SIGN: Carole Poole, representing the District Attorney's Office, said this Contract represents a 30% increase over the funds which were received last year. Commissioner Johnson moved to approve this Juvenile Diversion Contract and authorize the Chairman to sign. Commissioner Kennedy seconded the motion which carried unanimously. CONSIDER RESOLUTION RE: CONTRACT BETWEEN WELD COUNTY AND DEPARTMENT OF LOCAL AFFAIRS CONCERNING RENTAL REHABILITATION AND AUTHORIZE CHAIRMAN TO SIGN: Jim Sheehan, Director of the Housing Authority, said this Contract concerns rental rehabilitation in the Towns of Garden City, Frederick, Eaton, Platteville, Ault, and Keenesburg. Commissioner Lacy moved to approve this Resolution concerning the Contract with the Department of Local Affairs and authorize the Chairman to sign said Contract. Seconded by Commissioner Kennedy, the motion carried unanimously. CONSIDER RESOLUTIONS RE: INTERGOVERNMENTAL AGREEMENTS WITH TOWNS OF EATON, AULT, AND GARDEN CITY AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Sheehan said these Agreements concern the implementation of Rental Rehabilitation Programs in the above listed towns. Commissioner Lacy moved to approve these Resolutions and authorize the Chairman to sign the Agreements. Commissioner Kennedy seconded the motion, and it carried unanimously. CONSIDER RESOLUTION RE: CANCELLATION OF UNCOLLECTIBLE AMBULANCE ACCOUNTS: Commissioner Johnson moved to approve said Resolution. The motion was seconded by Commissioner Brantner, and it carried unanimously. CONSIDER RESOLUTIONS RE: TEMPORARY CLOSURE OF WCR 63 BETWEEN U.S. HIGHWAY 34 AND WCR 52; WCR 23 BETWEEN WCR 76 AND 78; WCR 23 AT WCR 46 AND WCR 44 AT WCR 21; AND WCR 19 BETWEEN STATE HIGHWAY 14 AND WCR 84: Commissioner Lacy moved to approve these Resolutions concerning the temporary closure of the above listed roads. Commissioner Johnson seconded the motion which carried unanimously. Minutes — June 12, 1989 Page 3 SECOND READING OF ORDINANCE NUMBER 89-Q, AMENDMENTS TO WELD COUNTY ZONING ORDINANCE: Commissioner Lacy moved that this Ordinance be read into the record by title only. Commissioner Brantner seconded the motion, and it carried unanimously. Tom David, County Attorney, read the title of Ordinance Number 89-Q into the record. There were no public comments offered concerning this Ordinance. Commissioner Johnson moved to approve the second reading of Ordinance Number 89-Q and direct the Clerk to the Board to have published forthwith. Seconded by Commissioner Lacy, the motion carried unanimously. CONSIDER RESOLUTION RE: DECLARE CERTAIN VEHICLE AS SURPLUS PROPERTY: Commissioner Lacy moved to approve this Resolution declaring one of the Sheriff's vehicles as surplus property. The motion, which was seconded by Commissioner Kennedy, carried unanimously. PLANNING: CONSIDER RESOLUTION RE: BUILDING CODE VIOLATIONS - YAKLICH AND COMPANY; HANSCOME; MUIRHEAD; AND CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS: Commissioner Johnson moved to approve this Resolution authorizing the County Attorney to proceed with legal action against Yaklich and Company; Colvin and Georgena Hanscome; Allen Muirhead; and the Church of Jesus Christ of Latter Day Saints for violations of the Weld County Building Code Ordinance. Commissioner Kennedy seconded the motion, and it carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. The second reading of Ordinance Number 89-Q was approved at today's meeting. 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 9:25 A.M. APPROVED: ATTEST: ti1/271)772144.: Feu �i BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ORARAD Weld County Clerk and Recorder X1,/ / �' OR and Clerk to the Board -\ C.W. Kirby, Chai n • eputy County Cl k ne Jb fllson, Pro-Tem Gene R. ran nor dexene& Cord a y Minutes - June 12, 1989 Page 4 RECORD OF PROCEEDINGS AGENDA Monday, June 19, 1989 Tape #89-24 ROLL CALL: C.W. Kirby, Chairman Jacqueline Johnson, Pro-Tem Gene R. Brantner George Kennedy Gordon E. Lacy MINUTES: Approval of minutes of June 12, 1989 CERTIPICATIONS OF HEARINGS: Hearing conducted on June 12, 1989: 1) Amendments to cable television franchise, Chartwell Cable of Colorado ADDITIONS TO AGENDA: None APPROVAL OF CONSENT AGENDA: COMMISSIONER COORDINATOR 1) Communication Services - Brantner REPORTS: 2) Engineering Services - Lacy 3) Health Services - Kennedy 4) Planning Services - Johnson 5) Purchasing d Personnel - Kirby COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BUSINESS: NEW: 1) Consider renewal request for 3.2Z Beer License from Texaco of Colorado, Inc. 2) Consider 1989 Head Start Supplemental Grant Application and authorize Chairman to sign 3) Consider Purchase of Services Agreements between Human Resources and Lorimer County for Weatherization and authorize Chairman to sign 4) Consider Revision to Area Agency on Aging FY '89 Annual Budget and authorize Chairman to sign 5) Consider Modification of Dislocated Worker Program PY '88 and authorize Chairman to sign 6) Consider Agreement for Sale and Purchase of Right-of-Way with Josephine Clough and Robert M. Gilbert and authorize Chairman to sign 7) Consider two Agreements for Sampling and Analysis of Drinking Water and Pollutant Discharge authorize Chairman to sign 8) Consider cancellation and release of Letter of Credit in amount of $17,000 - Sekich 9) Consider Agreement for Professional Services with Charles B. Jones, dba Jones-Wininger Professional Surveyors, Inc. , and authorize Chairman to sign 10) Consider Resolutions re: Temporary closure of WCR 16 between WCR 73 and 77; and WCR 36 between WCR 3 and 5 PLANNING: 1) Consider Resolution re: Building Code and Zoning Violations - Reynolds; Tull Cattle Company; Thomas; and Archer 1 CONSENT AGENDA APPOINTMENTS: Jun 19 - Work Session 10:00 AM Jun 20 - Planning Commission 1 :30 PM Jun 20 - Retirement Board 2:15 PM Jun 20 - Airport Authority Board 3:00 PM Jun 21 - Work Session 11:00 AM Jun 22 - Human Resources Council 8:30 AM Jun 22 - Road Tour 9:00 AM Jun 22 - Board of Adjustment 3:30 PM Jun 23 - Extension Board 11 :00 AM Jun 26 - Work Session 10:00 AM Jun 26 - NCMC Board of Trustees 12:00 NOON Jun 26 - Private Industry Council 3:00 PM Jun 27 - Public Health Board 9:00 AM Jun 27 - Housing Authority 11 :30 AM Jun 27 - E-911 Telephone Authority Board 12:00 NOON Jun 28 - EDAP 7:00 AM Jun 30 - Centennial Developmental Services 8:00 AM HEARINGS: Jun 21 - Special Review Permit, Rome business (beauty salon) . Myrtle Cubbison 10:00 AM Jun 21 - Special Review Permit, Heliport in the A (Agricultural) Zone District, Brett Wayne Branch 10:00 AM Jun 21 - Show Cause Hearing, Mile Cervi, dba Roggen Disposal, Inc. 10:00 AM Jun 28 - Show Cause Hearing, Howard Duckworth, dba Weld County Disposal 10:00 AM Jun 28 - Show Cause Hearing, High Country Turf, et al. 10:00 AM Jul 12 - Creation of Casa Grande/Enchanted Hills Local Improvement District 10:00 AM Jul 12 - Amendments to Weld County Zoning Ordinance 10:00 AM REPORTS: 1) George Goodell, Road and Bridge Department - Road openings 2) Mary Ann Feuerstein, Clerk and Recorder - Collection of clerk fees COMMUNICATIONS: 1) State Dept. of Health re: Letter of Intent to Apply Domestic Sewage Sludge: Agenda for June 21, 1989: and Notices of Public Rulemaking Hearings 2) Northern Colorado Water Conservancy District - Water Delivery Report 3) Nuclear Regulatory Commission re: Fort St. Vrain (available in Clerk to Board's Office) 4) West Greeley Soil Conservation District - Quarterly Newsletter 5) County Council re: Review of Home Rule Charter Study 6) State Dept. of Highways Newsletter #89-23 and Milestones Newsletter 7) Federal Emergency Management Agency - Federal Register, Vol. 54, No. 96 8) Notice of Claim re: Lorita Merlyn Barnes aka Lorita Merlyn Pidcock 9) Board of Adjustment agenda for June 22, 1989 10) Planning Commission agenda for June 20, 1989 11) Colorado Water Congress - Water Legislative Report 12) Notice of Cancellation of Bond - Hood Communications, Inc. 13) Mountain Bell - Notice of Claim 14) State Division of Highways re: Highway construction RESOLUTIONS: * 1) Approve Tuberculosis Control Contract with State Department of Health * 2) Approve Handicapped Children's Program Contract with State Department of Health * 3) Approve Family Planning Program Contract with State Department of Health * 4) Approve installation of traffic control devices on WCR 15 at WCR 20 * 5) Approve change of speed limit on WCR 5 between State Hwy 52 and WCR 6 * 6) Approve temporary closure of WCR 16 between WCR 73 and 77 * 7) Approve authorization for County Attorney to proceed with legal action - Building Code and Zoning Violations * 8) Approve amendments to cable television franchise, Chartwell Cable of Colorado * 9) Approve temporary closure of WCR 36 between WCR 3 and 5 AGREEMENTS: * 1) Sampling and Analysis of Drinking Water and Pollutant Discharge * Signed at this meeting Monday, June 19, 1989 a RESOLUTION RE: APPROVE TUBERCULOSIS CONTROL PROGRAM CONTRACT BETWEEN THE COLORADO DEPARTMENT OF HEALTH AND THE WELD COUNTY HEALTH DEPARTMENT 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 admini-stering the affairs of Weld County, Colorado, and WHEREAS, a Tuberculosis Control Program Contract between the Colorado Department of Health and the Weld County Health Department has been presented to the Board , and WHEREAS, the term of said Contract is from July 1 , 1989, through June 30 , 1990, with the further terms and conditions being as stated in the Contract, 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 Contract. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Tuberculosis Control Program Contract between the Colorado Department of Health and the Weld County Health Department be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of June , A.D. , 1989. c:l� HOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Jerk and Recorder an<: Clerk to the Board C.w. Kirby, Chas man ClklN,B,Y; J Fyn , u � a jSnson, 2ro-Tem Deputy Count erk �/ APPR VHD AS TO FORM: Gene R. Bra nor Ceorge County Attorney Pledd h". Gor n Lac} ' '...< /' 890493 •▪ Fenn 6•AC-02A (R S/A`1 r-------'OF (N r OK AGLNCV .NUMBER t • r' 260000 • i co\TRscr Rourpsc Nt'\BFR CONTRACT THIS CONTRACT, made this 1 st day of July 198 9 . by and between the State of Colorado fur the use and benefit of the Department of •' HEALTH 4210 E. 11th Avenue, Denver , Colorado 80220 ' hereinafter referred to as the State, and '2_ WFI D COUNTY HFALTH DFPARTMFNT _ 1516 Hospital Road. Greeley. Colorado 80631 hereinafter referred to as the contractor, WHEREAS. authority esists in the Law and Funds have been budgeted. appropriated and otherwise made z vailahlc and a sufficient unencumbered balance thereof remains available for payment in Fund Number 1001 C/L Account Number 52507 , Contract Encumbrance NumberC378063 and WHEREAS, required approval, clearance and coordination has been accomplished from and with apprupriate agencies: and WHEREAS, the State, pursuant to the Tuberculosis Control Program has implemented a plan in order to provide these health care services to the people of Colorado; and WHEREAS, the Contractor is considered by the State to be an appropriate agency to perform the services as herein set forth. NOW THEREFORE, it is hereby agreed that for and in consideration of their mutual promises to each other, hereinafter stated, the parties hereto agree as follows: 1. The Contractor shall, through clinic and/or home visits, provide the following services: a) Provide treatment following CDC/ATS Guidelines; b) Order and administer medication; c) Collect bacteriological specimens; d) Schedule X-rays; e) Periodically evaluate persons with active and suspected active tuberculosis; f) Conduct contact investigations for newly diagnosed TB cases; g) Provide screening and follow-up treatment if necessary, for referrals as well as contacts of active tuberculosis cases. 2. The TB program has a computerized data base registry for all tuberculosis cases (active disease and infection) . The Contractor shall supply the State TB Program with case data, in a format determined by the program, on at least a monthly basis. The Tb Program will provide instructions for data transfer. 3. Quarterly and annual reports as required by the CDC (Centers for Disease Control) on Active cases, Bacteriological status, INH Preventive Treatment Data, Contact Investigation, i .e. , Management Reports,shall be submitted to the State TB . Program plus patients' status changes, diagnosis, treatment, lab tests, X-rays, Clinic and Home visits and completion or discontinuance of therapy. Page 1 of 5 pages 890493 , , 4. The State will, in consideration of said services by the Contractor, cause to be paid to the Contractor a sum not to exceed SIX THOUSAND NINE HUNDRED AND FORTY TWO Dollars (S 6,942.00 ) in the following manner: a) Upon receipt of signed monthly statements, submitted in duplicate, requesting reimbursement. Said statements shall set forth the date, name of payee, check numbers, amount of payment and brief description of the expenditure. b) Reimbursement shall be conditioned upon affirmation by the State Tuberculosis Control Section that all reports were submitted and services rendered in accordance with the terms of this contract. 5. The term of this contract is beginning July 1 , 1989 and continuing through June 30, 1990. Page 2 of S pages 890493 I . COLORADO DEPARTMENT OF HEALTH - hereinafter, under the General Provisions referred to as "Health". GENERAL PROVISIONS 1. The parties of this contract intend that the relationship between them contemplated by this contract is that of employer-independent contractor. No agent, employee or servant of Contractor shall be or shall be deemed to be an employee, agent or servant of Health. Contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this contract. 2. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws that have been or may hereafter be established. 3. Contractor authorizes Health to perform audits and to make inspections for the purpose of evaluating performance under this contract. 4. Either party shall have the right to terminate this agreement by giving the other party thirty days notice by registered mail, return receipt requested. If notice is so given, this agreement shall terminate on the expiration of the thirty days, and the liability of the parties hereunder for the further performance of the terms of this agreement shall thereupon cease, but the parties shall not be relieved of the duty to perform their obligations up to the date of termination. 5. This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. 6. If this contract involves the expenditure of federal funds, this contract is contingent upon continued availability of federal funds for payment pursuant to the terms of this agreement. Contractor also agrees to fulfill the requirements of Office of Management and Budget Circulars A-87 and A-102 or A-110, whichever is applicable. 7. To be considered for payment, billings for reimbursement pursuant to this contract must be received within 60 days after the period for which reimbursement is being requested and final billings on the contract must be received by the State Health Department within 60 days after the end of the contract term. 8. If applicable, Local Match is to be submitted on the monthly reimbursement statements, in the column provided, as required by the funding source. 9. If Contractor receives $25,000.00 or more per year in Federal funds in the aggregate from Health, Contractor agrees to have an annual audit, by an independent certified public accountant, which meets the requirements of Office of Management and Budget Circular A-128. If Contractor is required to submit an annual indirect cost proposal to Health for review and approval, Contractor's auditor will audit the proposal in accordance with the requirements of OMB Circular A-87. Contractor agrees to furnish one copy of the audit reports to the Health Department Accounting Office within 30 days of their issuance, but not later than nine months after the end of Contractor's fiscal year. Contractor agrees to take appropriate corrective action within six months of the report's issuance in instances of noncompliance with Federal laws and regulations. Contractor agrees to permit Health or its agents to have access to its records and financial statements as necessary, and further agrees to retain such records and financial statements for a period of three years after the date of issuance of the audit report. This contract does contain Federal funds as of the date it is signed. This requirement is in addition to any other audit requirements contained in other paragraphs within this contract. 10. If applicable, Contractor agrees to not use Federal funds to satisfy Federal cost sharing and matching requirements unless approved in writing by the appropriate Federal Agency. Page 3 of S Pages Rev. 06/06/88 890493 •- Forms-APa2b SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This,,mtract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or.i,_l,;o:+jstant a.he may designate.This provision is applicable to any contract involving the pay- ment of :none) oy the State. FUND AVAILABILITY 2. I inaoc!.i obhutions of the State payable:alter the current fiscal year are contingent upon funds for that pulp„sc heinp al`fnopnated. budgeted and otherwise made available. BOND BEC1l IRE\IENT �. I! this contract mvoh es the payment of more than fifty thousand dollars tor the construction,erection, reair. lua;m c nance,or improvement of any building,road,bridge.viaduct,tunnel.excavation or other public works for this State.the contractor shall,before entering the performance of any such work included in this con- tract.duly execute end deliver to and file with the official whose signature appears below for the State.a good and sufficient fxmd or other acceptable surety to be approved by said official in a penal sum not less than one- half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety.conditioned for the due and faithful performance of the contract.and in addition,shall provide that it the contractor or his subcontractors fail to duly pay for any labor,matenals,team hire,sustenance,pro- visions,prorendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done.the surety will pay the same in an amount not exceeding the sum specified in the bond. together with interest at the rate of eight per cent per annum, Unless such bond,when so required. is executed,delivered and tiled.no claim in favor of the contractor arising under this contract shall be audited. allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-.6.106 CRS, as amended. INDEMNIFICATION -.. T„the esteni authorized h,s law,the contractor shall indemnify. save and hold harmless the State. its employee.mod,gems.against any and all claims,damages.liability and court awards including costs.expenses. and attorney lee,ii,cureu as a result at any actor omission b7 the contractor,or its employees.agents.subcon- tractors. or assignee. pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5 The contractor agrees to comply with the letter and spirit of the Colorado Antidiscnmination Act of 1957. as amended.dnd other applicable law respecting discrimination and unfair employment practices(24-3a-40:. CRS I us:Replti entent Noi,t,and as required by Executive Order.Equal Opportunity and Affirmative Action. dated Anti} I n. :v"5 Pursuant thereto. the following provisions shall be contained in all State contracts or sub-Contract A. Dunne the perfiirnance or this contract, the contractor agrees as Slows: 1 I i i h, ci niraelor will not discriminate against any employee or applicant for employment because of racy,creed,color,national origin.sex.marital status.religion.ancestry.mental or physical handicap.or age.The contractor will take affirmative action to insure that applicants arc employed,and that employees are trcaitJ during employment.without regard to the above mentioned characteristics. Such action shall incites hod not ne limited hi the Slowing:employment,upgrading.demotion.or transfer.recruitment or ccl ern!:ni ad,emsin_: lay-offs or terminations:rates of pay or other forms of compensation:and selec- OO1,e•r ram!:I:. including apprenticeship.The contractor agrees to post in conspicuous places,available P•x q`h acsa!itlapplicant,Inr employment.notices to he pros ided by the contracting officer setting ionh grin isle iris of thi, non-discrimination clause. Ire eemtracrnr will,m all solicitations or advertisements for employees placed by or on behalf of the :o,liracor,state that all qualified applicants will receive consideration for employment without regard to race, creed. color, national origin, sex. marital status, religion. ancestry, mental or physical handicap or uge. 1, Iii,, ,.,let,.,will send to each labor union or representative or workers wnb which he has collective _:ur,wp agreement or other contract or understanding,notice in he provided by the contracting officer. the Inbivr union or workers representative of the contractor's commitment under the Executive ()NH h.qu,d t)pponunity and Affirmative Action,dated April I6, 1u75,and of the rules.regulations,and ,gigs a.'a IgJ,i.,if the Governor. i+I l it.,a,irayon alio labor unions will furnish all inlomsation and reports required by Esecunse Order, [goat Opportunity and Affirmative Action of April In. 1975.and by the rules,regulations and Orders of the Goscrnor.or pursuant thereto,and will permit access to his books,records,and accounts by the con. tracting agency and the ufticc of the Governor or his designee for purposes of investigation to ascertain a acpiiancc won such rules, regulations and orders, 151 A labor rganitation will not exclude any individual otherwise qualified from lull membership rights in sad:labor organ)/anon,or expel any such individual from membership in such labor rganizaton ordis- cflh11f1a1y agtiinst any in its members in the full enjoyment of work opportunity, because of race,creed. Color. yes, national origin„ or ancestry. (hi .5 fah,✓treamzatiun,or the employees ur members thereof will not aid,abet,incite.eompei or coerce the don ie,a any act defined in this contract to be discriminatory or obstruct or prevent any person from comply ine with the pros is ions of this contract or any order issued thereunder:or attempt,either directly or indirectly, to commit any act defined in this contract to be discriminatory. 890493 f- fell; Sir4 t'.- s prge of 5 pages ,.{ . Rrsned I I • • ,s Forth 6-AC-02C (7) In the event of the contractor's non.compliance with the non-discrimination clauses of this con- tract or with any of such rules,regulations,or orders,this contract may be cancelled,terminated or sus- pended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures. authorized in Executive Order. Equal Opportunity and Aftirmauve Action of April 16.1975 and the rules,regulations,or orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order.Equal Opportunity and Affirmative Action of April 16, 1975.or by rules,regulations,or orders promulgated in accordance therewith,or as otherwise provided by law. (8) The contractor will include the provisions of paragraph(1)through(8)in every subcontract and subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order.Equal Opportunity and Affirmative Action of April 16.1975,so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontracting or purchase order as the contracting agency may direct.as a means of enforcing such provisions.including sanctions for non-compliance:provided,however,that in the event the con- tractor becomes involved in,or is threatened with,litigation with the subcontractoror vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6 a, Provisions of 8.17-101.9.102,CRS for preference ofColorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b. When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is determined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of federal law,this sub- section shall be suspended,but only to the extend necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements(section 8.19-IOl and 102,CR5). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation.execution and enforcement of this contract.Any provision of this contract whether or nor Incor- porated herein by reference which provides for arbitration by any extra-judicial body or person or which is other- wise in conflict with said laws,rules and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint.defense or other- wise.Any provision rendered null and void by the operation ot-this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this Contract,the Contractor shall stnctly adhere to all applicable federal and state laws, rules and regulations that have been or may hereafter be established. 9. The signatories hereto aver that they are familiar with 18.8.301,et.seq.,(Bribery and Corrupt Influences) and 18.8.401,et.seq..(Abuse of Public Office).CR5 1978 Replacement Vol.,and that no violation of such pro- visions is present, 10. The signatories aver that to their knowledge,no state employee has a personal or beneficial interest what- soever in the service or property descnbed herein; • IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written, WELD COUNTY HEALTH Contractor: DEPARTMENT (Full Legal Name) STATE OF COLORADO ,� ROY ROMER, GOVERNOR By: G'4l/-At-c-`r By for the C.W. Kirby EXECUTIVE DIRECTOR Position ITitle) Chairman, Board of County Commissioners Weld County 64-6 UV DEPARTMENT OF MEALTM I If Corporator Attest(Seal) APPROVALS ATTORNEY GENERAL CONTROLLER By By PROGRAM APPROVAL: .,.,..,.n, ,..Y.. ,,.,••�•••Y••.,....,.n. s,,...�,..., ,,,.,•..5 89493 WELD COUNTY HEALTH DEPARTMENT CONTRACT SUMMARY (Contract Name) Tuberculosis Control Granting Agency: Colorado Department of Health • Term of contract: July 1, 1989 tt:rough June 30, 1990 Amount: $6,942.00 Difference from previous contract: increase of 5142.00 County Citizens Affected: All citizens with a positive TB skin test or medical history related to TB. Program Summary: Provide treatment, x-rays, medication and lab testing according to CDC/ATSC Guidelines. Provide contact investigations with screening and follow up. Maintain a TB data base registry in compliance with Colorado Department of Health instructions. Benefit to Health Department: Funding to control the spread of this communicable disease. Responsibility of Health Department: See program summary County Fiscal Impact: _ Minimal (increase of 5142.00) 82®193 RESOLUTION RE: APPROVE HANDICAPPED CHILDREN'S PROGRAM CONTRACT BETWEEN THE COLORADO DEPARTMENT OF HEALTH AND THE WEED COUNTY HEALTH DEPARTMENT 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, a Handicapped Children 's Program Contract between the Colorado Department of Health and the Weld County Health Department has been presented to the Board, and WHEREAS , the term of said Contract is from July 1 , 1989, through June 30 , 1990, with the further terms and conditions being as stated in the Contract, 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 Contract. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Handicapped Children 's Program Contract between the Colorado Department of Health and the Weld County Health Department be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of June , A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: t'� WELD COUNTY, COLORADO Weld County lerk and Recorder and Clerk to the Board C.W. Kirby, Ch rman 1 K.uc-X.2 XN -- BY: po , n I� � g ' ne 'o nson, Pro-Tem Det �o nty�lerk j A �/✓y�� APP VED AS TO FORM: 1ene R. Brantner George .e d County Attorney • Go . J. 1 . .: 890494 Foram b.AC.02A IR 5/S51 IDEPARTMtN rOK AGENCY`••111818 • 260000 CONTRACT ROI.(INC;7 .y l�tBFR it CONTRACT THIS CONTRACT, made this 1St day of July 198 9_ . by and between the State of Colorado for the use and benefit of the Department of " HEALTH 4210 E. 11th Avenue, Denver, Colorado 80220 hereinafter referred to as the State. and •2 Weld County Health Del?artment. 1516 Hospital Road, Greeley, Colorado 80611 hereinafter referred to as the contractor, WHEREAS, authority exists in the Law and Funds have been budgeted. appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available Er payment in Fund Number 1001 C!L Account Number 5367. Contract Encumbrance Number C37O112 : and WHEREAS, required apprnval.-clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State has formulated a comprehensive State Plan to carry out the Handicapped Children's Program/Children With Special Health Care Needs •(HCP} , funded by Federal Health and Human Services funds; and WHEREAS, said comprehensive State Plan and Federal budget allocates funds to be utilized for the implementation of the program through various agencies in order to provide these health care services to the people of Colorado; and WHEREAS, the Contractor is considered by the State to be an appropriate agency to provide the services to the program as herein set forth. NOW THEREFORE, it is hereby agreed that for and in consideration of their mutual promises to each other, hereinafter stated, the parties hereto agree as follows: 1. The Contractor will provide the following services on behalf of the Handicapped Children's Program: • A. Casefinding and community outreach as described in the Public Health Nursing, Process Standards for Handicapped Children's Program. Attachment A, which by this reference is made a part hereof. • B. Management of existing HCP clinics; participation with HCP clinics and patients as described in the Public Health Nursing, Process Standards for Handicapped Children's Program. C. Evaluation of appropriateness of caseload and other related HCP activities as described in the Public Health Nursing, Process Standards for Handicapped Children's Program. D. Provide case management services to selected HCP patients as described in the Public Health Nursing, Process Standards for • Handicapped Children's Program. 890494 Page 1 of 5 pages 2. The Contractor shall serve a caseload of 284 children to include • clinic and nursing services. 3. The Contractor will submit a progress report, as requested by the State, due by August 1, 1990. 4. The Contractor will cooperate with and provide all requested records regarding recipients for whom services were provided under this contract at the time that periodic chart audits occur. 5. The Contractor will submit data to the State utilizing the ADD's:5 data system. 6. The Contractor shall not charge for services reimbursed under this contract to any party other than the Handicapped Children's Program, Medicaid, or eligible commercial insurance of a recipient. 7. Title V funds may not be used to pay for any item or service (other than an emergency item or service) furnished by an individual or entity convicted of a criminal offense under the Medicare or any State health care program (i.e. , Medicaid, Maternal and Child Health, or Social Services Block Grant programs) . 8. The State will, in consideration of said services by the Contractor, cause to be paid to the Contractor an amount not to exceed THREE THOUSAND THIRTY-FIVE DOLLARS AND ZERO CENTS ($3,035.00) in the following manner: Upon receipt of signed monthly statements, submitted in duplicate, to FAMILY AND COMMUNITY HEALTH SERVICES DIVISION. HANDICAPPED CHILDREN'S PROGRAM requesting reimbursement, one reimbursement form provided by the state, copy attached and by this reference made part herof as Attachment B, and conditioned upon affirmation by the State Handicapped Children's Program that services and reports were rendered in accordance with this contract. 9. The Contractor will not charge for services those individuals of families at or below the official poverty line as defined by the Office of Management and Budget in accordance with Title V, Section 501 (B) (2) and Section 505 (2) (d). The 100 percent of poverty income guideline for farm or non-farm families is currently at $8,020 for a family of 2; $$10,060 for a family of 3; $12,100 for a family of 4; $14, 140 for a family of 5; $16, 180 for a family of 6; $18,220 for a family of 7; $20,260 for a family of 8; and 22,300 for a family of 9. For families of more than nine, add $2,040 for each additional member. 10. The term of this contract is beginning July 1, 1989 and ending June 30, 1990. Page 2 of 5 pages 890494 COLORADO DEPARTMENT OF HEALTH — hereinafter, under the General Provisions referred to as • ;'Health". GENERAL PROVISIONS 1. The parties of this contract intend that the relationship between them contemplated by this contract is that of employer—independent contractor. No agent, employee or servant of Contractor shall be or shall be deemed to be an employee, agent or servant of Health. Contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this contract. hall ly 2. At all times the l and state laws that have been or may during performance this contract, et tor s hereafter the adhere to all applicable federal established. 3. Contractor authorizes Health to perform audits and to make inspections for the purpose of evaluating performance under this contract. 4. Either party shall have the right to terminate this agreement by giving the other party thirty days notice by registered mail, return receipt requested. If notice is so given, this agreement shall terminate on the expiration of the thirty days, and the liability of the parties hereunder for the further performance of the terms of this agreement shall thereupon cease, but the parties shall not be relieved of the duty to perform their obligations up to the date of termination. 5. This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, herein ti other In ritiendment hereto shall have any force or effect whatsoever, unless subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. 6. If this contract involves the expenditure of federal funds, this contract is contingent upon continued availability of federal funds for payment pursuant to the terms of this agreement. Contractor also agrees to fulfill the requirements of Office of Management and Budget Circulars A-87 and A-102 or A-110, whichever is applicable. 7. To be considered for payment, billings for reimbursement pursuant to this contract must be received within 60 days after the period for which reimbursement is being requested and final billings on the contract must be received by the State Health Department within 60 days after the end of the contract term. 8. If applicable, Local Match is to be submitted on the monthly reimbursement statements, in the column provided, as required by the funding source. 9. If Contractor receives $25,000.00 or more per year in Federal funds in the aggregate from Health, Contractor agrees to have an annual audit, by an independent certified public accountant, which meets the requirements of Office of Management and Budget Circular A-128. If Contractor is required to submit an annual indirect cost proposal to Health for review and approval, Contractor's auditor will audit the proposal in accordance with the requirements of OMB Circular A-87. Contractor agrees to furnish one copy of the audit reports to the Health Department Accounting Office within 30 days of their issuance, but not later than nine months after the end of Contractor's fiscal year. Contractor agrees to take appropriate corrective action within six months of the report's issuance in instances of noncompliance with Federal laws and regulations. Contractor agrees to permit Health or its agents to have access to its records and financial statements as necessary, and further agrees to retain such records and financial statements for a riod of ears rtefunds as date ofof thes date eitfishsigned. e audit report. This contract does contain Federal This requirement is in addition to any other audit requirements contained in other paragraphs within this contract. 10. If applicable, Contractor agrees to not Federal de l funds the a isrFee use fydr Federal t sharing and matching requirements unless approved in writing — Agency. • Page 3 of S Pages Rev. 06/06/88 890494 r.,.a-Acasa SPECIAL PROVISIONS CONTROLLER'S APPROVAL I, This contract shall not be deemed valid until it s:,all have been approved by the Controller of the State of Colorado or such assistant as he may designate.This provision is applicable to any contract involving the pay- ment of money by the State. FUND AVAILABILITY 2, Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being eppropnated. budgeted and otherwise made available. BOND REQUIREMENT 3, If this contract involves the payment of more than fifty thousand dollars for the construction.erection. repair,maintenance.or improvement of any building.road.bridge.viaduct.tunnel,excavation or other public works(or this State.the contractor shall,before entering the performance of any such work included in this con- tract.duly execute and deliver to and file with the official whose signature appears below for the State,a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one- half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety,conditioned for the due and faithful performance of the Contract,and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any labor,materials,team hire,sustenance,pro. visions,provender or other supplies used or consumed by such contractor or his subcontractor us performance of the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond,when so required is executed,delivered and filed,no claim in favor of the contractor arising under this contract shall be audited, allowed or paid.A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with 38.26.106 CRS, as amended. ENDENENIFICATION 4. To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State,its employees and agents,against any and all claims.damages,liability and court awards including costa,expenses, and attorney fees incurred as a result of any act or omission by the contractor,or its employees,agents,subcon- tractors. or assignees pursuant to the terms of this contract DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agree'to comply with the letter and spirit of the Colorado Antidisorimimauon Act of 1957, as amended.and other applicable law respecting discnmmation and unfair employment practices(24-34-402. CRS 1982 Replacement Vol.).and as required by Executive Order.Equal Opportunity and Affirmative Action, dated April 16, 1975.Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts. During the performance of this contract the contractor agrees as follows: (I) The contractor will not discriminate against any employee or applicant for employment because of race,creed.color,national origin.sex,marital status,religion.ancestry.mental or physical handicap,Or age.The contractor will take affirmative action to insure that applicants are employed,and that employees arc treated during employment,without regard to the above mentioned characteristics. Such action shall include.but not be limited to the following:employment.upgrading,demotion,or transfer,recruitment or recruitment advertising:lay-offs or terminations:rates of pay Or Other forms of Compensation:and selec- tion for training,including apprenticeship.The contractor agrees to post in conspicuous places.available _to employees and applicants for employment,notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (2) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor.state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national onion, sex, marital status, religion, ancestry, mental or physical handicap, Or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding.notice to be provided by the contracting officer, advising the labor union or workers'representative of the contractor's commitunent under the Executive Order.Equal Opportunity and Affirmative Action,dated April 16,1975.and of the rules,regulations,and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Order. Equal Opportunity and Affirmative Action of April 16. 1975,and by the rules,regulations and Orders of vie Governor,or pursuant thereto,and will permit access to his books.records.and accounts by the con- tracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and Orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual from membership in such labor organization or dis- crtmtnate against any of its members in the full en)oyment of work opportunity,because of race,creed, color. sex. national origin, or ancestry. 161 A labor organization.or the employees or members thereof will not aid,abet,incite.compel or coerce the doing of any act defined in this contract to be ducnminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder.or attempt either directly or indirectly, to commit any act defined in this contract to be discnminatory, Revised3A1.1077 page J� of 4._ pages 890494 Revis R 11.85 Form 6-AC-02C (7) In the event of the contractor's noncompliance with the non-discrimination clauses of this con- tract or with any of such rules.regulations,or orders,this contract may be cancelled.terminated or sus- pended in whole or in pan and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules,regulations.or orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order.Equal Opportunity and Affirmative Action of April 16. 1975,or by rules-regulations,or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The contractor will include the provisions of paragraph(I)through(8)in every sub-contract and subcontractor purchase order unless exempted by rules, regulations- or orders issued pursuant to Executive Order.Equal Opportunity and Affirmative Action of April 16.1975.so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct,as a means of enforcing such provisions,including sanctions for non-compliance:provided-however.that in the event the con- tractor becomes involved in.or is threatened with-litigation with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado to enter • into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6 a, Provisions of 8-17.101&102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b, When a construction contract for a public project is to be awarded to a bidder- a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.if it is determined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal hinds which would otherwise be available or would otherwise be inconsistent with requirements of federal law,this sub- section shall be suspended,but only to the extend necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements(section 8.19.101 and 102, CRS). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not incor- porated herein by reference which provides for arbitration by any extra-judicial body or person or which is other• wise in conflict with said laws,rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or • in part shall be valid or enforceable or available in any action at law whether by way of complaint.defense or other- wise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all limes dunng the performance of this Contract.the Contractor shall stncUy adhere to all applicable federal and state laws, rules and regulations that have been or may hereafter be establisned. 9. The signatories hereto aver that they are familiar with 18.8.701.et_ seq..(Bribery and Corrupt Influences, and I8.8.30I.et,seq..(Abuse of Public Office).CRS 1978 Replacement Vol..and that no violation of such pro- visions is present. 10. The signatones aver that to their knowledge,no state employee has a personal or beneficial interest what• soever in the service or property described herein: IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. WELD COUNTY Contractor; HEALTH DEPARTMENT (Full Legal Name) STATE OF COLORADO ROY R0MER, GOVERN By: CIt By 1A-2-� for the C.W. Kiry •s exe4 E 0i crOR. • Position(TwoChairman, Board of County Commissioners, Weld County 84-6000813 DEPARTMEC OF weAt-N - • (If Corporal hest I Se II A4(4 �Yu Lw.• ,.n APPROVALS ATTORNEY GENE r UA W CD CONTROL E By ▪ «— By ALL • G ..c. : aaa:• .l Cc:v:cos ( V,4 /(`'/� • PROGRAM APPROVAL: GJ ire. , , /744kLC 5, .w,.::"...,_. 5 .__ 890494 PO CO10 a n • - 9 Al CO C) r n y r r .' C0 ..• 0' O a- m a' a 'q r•' F B O '1 co 'U -• r e ry 04 CZ 0. 0 7 CO r0' f) Ono 94 94 CD '1 'O w z 7 < r 7 0' $ CD n n .. w m r c o w 'O w O - r• 0 0. 7 P s r•. m C O O 9• w r I C 04 n 7 O -. CO -. X O O O o•-•7' I I .C • O O r ' O O Co 5 a (D O. .-3 7 C. r n 0 a O. ' ' M •O 6 7 a a to a 7 A � z P o 7 0 o w a 7 O o o CO 0 n r CO P n a 0 - 0 2 C] 9 'c N r C7 a C.O N r 'O W • - 'O 0 O a = 3600 la > 1117. '-' 9 n o - m O. x '" n O .-. Z M C) 'V 71 O CO m 7 C O 7 W C) w 0 7. O O n C C fD 1 O. IC C 7 +. . ••. n 7 n n 'O W 7 .•. 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LOC ^ O Ty a CD A O C N n n -t o n C >c no = 7 m "� V1 z V1 9 n > — O n P C C CO re n C 4 •n 7 ti n o .47 > '{ 0 - n 2 to O !f Z .`� si— vi ti7 tt'l n C = al 7 in n t x O 2 7 • 0 T u n O aPol x + 'I 0. 2 0 a g - m 2 to a x t 0. r z 1 I • n m 0 K o 00 1� ^ m I ^ 7 P A N ^ ► r 9 n n a a y r Al { C r- .- P n7 0,-. rD C gO 77: C ' n n •.4i a r a O f n 00 r• G• , _ a } a. 3... 3 C z } • n o > — _ 00 ro ►d, " `" _ a CD n n O 0 n N7 9 :•4;;' m = a 70 = n r. 6 a vy C -. a n P CI • n ..0 70 O -'71IY • a Ix m . • i WELD COUNTY HEALTH DEPARTMENT CONTRACT SUMMARY (Contract Name) Handicapped Children's Program Granting Agency: Colorado Department of Health Term of contract: July 1, 1989 through June 30, 1990 Amount: $3,035.00 Difference from previous contract: Increase of $80.00 County Citizens Affected: Children in need of specialized preventive health care. Program Summary: Funding is for reimbursing nursing time with HCP children such as case find, Neurology Clinic, assisting with registrations, home visits and follow-up. Benefit to Health Department: Provides reimbursement to a program which has not had financial support, historically. Responsibility of Health Department: Provide nursing service as above, within guidelines set by Colorado Department of Health. County Fiscal Impact: Minimal ($80.00 increase) 890494 RESOLUTION RE: APPROVE FAMILY PLANNINC PROGRAM CONTRACT BETWEEN THE COLORADO DEPARTMENT OF HEALTH AND THE WELD COUNTY HEALTH DEPARTMENT 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, a Family Planning Program Contract between the Colorado Department of Health and the Weld County Health Department has been presented to the Board, and WHEREAS , the term of said Contract is from July 1, 1989, through June 30 , 1991 , with the further terms and conditions being as stated in the Contract, 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 Contract. NOW, THEREFORE, BF IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Family Planning Program Contract between the Colorado Department of Health and the Weld County Health Department be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said Contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of June, A.D. , 1989 . yi BOARD OF COUNTY COMMISSIONERS ATTEST: -4't'`A T WELD COUNTY, COLORADO Weld County lerk and Recorders/! ' and Clerk to the Board C.W. Kirby, Ch irman 'Nay: ete-a a u ' ne o nson, Pro-Tem )Deputy County lerk Ly�� //�(//L��.,� APPROVED AS TO FORM: e e R. Brantner L C----- 4- G" eorge Ke' ne y County Attorney cc fiord �� 7 /, /. // ,- 890495 .9 i//9 F'nm e.AC O2A rR S/N5, ;twvAKTsit]r OK AGENCY SLMBtK 260000 i co\rx\CT ROCrr.c;NLMBEK ^/ CONTRACT THIS CONTRACT, made this 1St day of duly 198 a , by and between the - - — - State of Colorado for the use and benefit of the Department of '' HEALTH _ _4210 E. 11th Avenue, Denver, Colorado 80220 hereinafter referred to as the State. and •2 WrLD COUNTY HEALTH DEPARTMENT 1516 -Hospital Rnsd. Greeley. Cojorado 80631 hereinafter referred to as the contractor. WHEREAS, authority csists in the Law and Funds have been budgeted. appropriated and otherwise made . availahlr and a sufficient unencumbered balance thereof remains available for payment in Fund Number 1001 C/L Account Number 54467 , Contract Encumbrance Number C378015 : and WHEREAS. required appnwal, clearance and coordination has been accomplished from and with appropriate agencies;and WREREAS,3 the State has formulated a comprehensive State Plan relative to the Family Planning Program; and WHEREAS, said comprehensive State Plan allocates funds to be utilized to implement the Family Planning Program in order to provide these health care services to the people of Colorado; and WHEREAS, the Contractor .is considered by the State to be an appropriate agency to fulfill the requirements of the program as herein set forth. NOW THEREFORE, it is hereby agreed that for and. in consideration of their mutual promises to each other, hereinafter stated, the parties hereto agree as follows: 1.4 The Contractor will conduct a comprehensive family planning program in Weld County which will comply with all applicable regulations and subsequent amendments as described in Title X (42 CFE, Subpart A, Part 59) as authorized under Section 1001 of the Public 'wealth Service Act, • published in the Federal Register on June 30, 1980, a copy of which has been made available to the Contractor. Kim` A • 890495 Page 1 of 8 paces r 2. The Contractor will make this family planning program available to men and women in their reproductive years and will offer the following components as applicable: a) Outreach services and/or other program effort for patient recruitment. b) Nursing and medical services which shall include a comprehensive health and social history and physical examination, in accordance with Title X (42 CFR, Subpart A, Part 59) as authorized under Section 1001 of the Public Health Service Act, published in the Federal Register on June 30, 1980, and the Nursing-Medical Policies and Procedures established by the Colorado Department of Health Family Planning Program, copies of which have been made available to the Contractor. c) Contraceptive information, education, and supplies regarding all family planning methods. d) Education and counseling regarding family planning, family planning methods, child spacing, infertility, sterilization, nutrition, sexually transmitted diseases, HIV/AIDS, and related health issues. e) Follow-up and/or referrals, as appropriate. 3. The Contractor will, on or after the date of this contract, employ only individuals under this contract who meet the minimum qualifications as set up by the State Nursing Section and Family Planning Program for each position. (If there is any reason to question whether or not an applicant may meet these minimum qualifications for education or experience, it is necessary to submit the application to the State Family Planning Program for review and approval prior to employment. ) 4. The contractor agrees to render acceptable services as determined by the State Family Planning Program. This includes compliance with applicable Nursing-Medical Policies and Procedures established by the Colorado Department of Health Family Planning Program, Title X (42 CFR, Subpart A, Part 59) as authorized under Section 1001 of the Public Health Service Act, published in the Federal Register on June 30, 1980, copies of which have been made available to the Contractor, and all fiscal and administrative policies of the Colorado Department of Health Family Planning Program. These have been made available to the Contractor. Program medical/nursing performance will be reviewed on biannual site visits and biannual nursing audits pursuant to the medical/nursing standards and judged acceptable or not. The nursing consultant and administrators assigned by the State Family Planning Program shall have the authority for periodic evaluation of the delegate family planning program based on standards and policies established by the Family Planning Program. The Contractor agrees to cooperate in any evaluation and program recommendations directed by the State. Page 2 of 8 890495 5. The State will continue payment for family planning services so long as the Contractor submits acceptable data as determined by the State using the Family Planning Data System's Clinic Visit Log and Patient Visit Sample which are attached and by this reference made part hereof as Attachment A. Data on all visits will be collected on log sheets; additional information will be sampled periodically. Both will be done in accordance with the instructions in the data manual and in time periods stated therein. (Manuals have been made available to the Contractor.) Changes in the order of the log items may be negotiated individually between the State and the Contractor. Any agreed-upon changes will be verified in writing by the State, Family Planning Program. 6. The State will, in consideration of said services by the Contractor, cause to be paid to the Contractor a sum not to exceed EIGHTY THREE THOUSAND TWO HUNDRED FIFTY ONE (583,251) Dollars (for fiscal year 1990); and for fiscal year 1991 as set forth in a letter to be signed by the State-and the Contractor and approved by the State Controller; to serve approximately 1,450 (for fiscal year 1990) family planning patients (unduplicated count), subject to change based on differences between estimated and actual funding appropriations and legislative approval, and conditioned upon affirmation by this State Family Planning Program that services were rendered in accordance with this contract, as follows: a) 1) The Contractor is entitled to bill for 1/12 of the contract amount at the end of each of the first two months of each quarter, based on the State fiscal year. The submission of a signed reimbursement statement (copy attached and by reference made part hereof as Attachment B) is necessary for monthly payment. A quarterly adjustment will be made at the end of the last month of each quarter. The adjustment will be based on the difference between quarterly expenditures and payments already received. The Contractor must submit a quarterly expenditure report (copy attached and by reference made part hereof as Attachment C) and a signed reimbursement statement (Attachment B) at the end of each quarter; OR 2) The Contractor is entitled to bill 1/12 of the contract amount for each of the first two months of the contract term (July and August). An advance for the next month may be requested throughout the year upon receipt of a statement of actual expenditures for one the months still outstanding (i.e. July and August are advanced. To receive a September advance, actual expenditures must be submitted for July. The September advance will be adjusted to accurately reflect July's actual expenditures. To receive an October advance the actual expenditures must be submitted for August. The October advance will be adjusted to accurately reflect actual August Page 3 of 8 890495 expenditures.) This process may be repeated until an advance is made for the month of May. June reimbursement will be made only upon receipt of a statement of actual expenditures for the month and shall be contingent upon receipt of statements of actual expenditures for all months previously advanced. Total reimbursements shall not exceed the total contract allocation. The submission of a signed "Request for Advance" statement (copy attached and by reference made part hereof as Attachment D) is necessary for the advance. b) A quarterly expenditure report must be submitted by the 30th of the following month and must show total actual costs incurred for family planning during that quarter; must state the source of funding; and the July - Sept. quarterly report must include results of a time study giving percentages of staff time allotted to Bureau of Common Reporting Requirements (BCRR) cost centers and information on square footage. c) Recommendations made by the Family Planning Nursing Consultant to bring the program into compliance with the Nursing-Medical Policies and Procedures and the Title X Guidelines (Part 59) following site visits or data reviews must be met within a three-month period, or evidence must be shown that progress is being made toward meeting said recommendations. d) Recommendations made by the Family Planning administrative staff to bring the program into compliance with the Title X Guidelines and State policies and standards following site visits or data reviews must be met within a three-month period, or evidence must be shown that progress is being made toward meeting such recommendations. e) Bi-annual nursing-medical chart audits will be submitted to the family planning nursing consultant upon request. f) Program income generated from patient fee collections and donations must be used by the program only for family planning purposes which further the objectives of the legislation under which this contract is made. In accordance with Title X guidelines (Part 59) no charges shall be made for services provided to patients at or below 100% of the poverty level. Patients above 100% of poverty level will be charged based on a schedule of discounts which is attached and by this reference made part hereof as Attachment B. g) The Contractor must use the cytology laboratory chosen by the State, or a laboratory approved by the State as outlined in the Nursing-Medical Policies and Procedures and the administrative policies and procedures. Follow-up information on all abnormal pap smears will be submitted according to policies and procedures outlined in the Nursing-Medical Policy Manual, copies of which have been made available to the Contractor. Page 4 of 8 890495 h) Equipment and supplies may be purchased with the family planning funds awarded in this contract. No line item billing is required from the Contractor. The Contractor will return equipment and supplies purchased through this contract to the State if so requested. An inventory number will be assigned to this equipment by the State and the Contractor shall affix the number to the equipment items and confirm this in writing to the State. Permission must be requested in writing from the State to purchase a piece of equipment in excess of S1000.00. 7. Payment pursuant to this contract will be made as earned, in whole or in part from available State funds encumbered in an amount not to exceed ONE MILLION NINE HUNDRED AND FIFTY SEVEN THOUSAND SEVEN HUNDRED AND EIGHTY NINE DOLLARS ($1,957,789) for the purchase of family planning services. It is further understood and agreed that the maximum amount of State funds available for Fiscal Year 1989-1990 for the purchase of family planning services is in the amount of ONE MILLION NINE HUNDRED AND FIFTY SEVEN THOUSAND SEVEN HUNDRED AND EIGHTY NINE DOLLARS ($1,957,789) or such lesser amount as may be mandated by executive order or legislative action. The • liability of the State, at any time, shall be limited to the unencumbered amount remaining in such funds. 8. Changes in reimbursement amounts for the above-named services in consideration of increased or decreased levels of utilization from the levels funded in the original contract shall be made with approval of the Contractor, the State (Family Planning Program) and the State Controller as evidenced by a mutually signed Letter of Approval which shall include the following: a) Identification of contract by contract number and number of the affected paragraph; b) Type of services increased or decreased; c) Amount of increase or decrease in funding and patients to be served; d) Effective date of the funding change; e) Authorized signatures of the State, the Contractor and the State Controller. It is understood that no change except funding amounts and resulting changes in utilization shall be made through the Letter of Approval. 9. Because the appropriation of funds is a legislative function, funding availability after State fiscal year 1990 is contingent upon en annual appropriation of funds by the legislature, and in the event no appropriation is made, this contract may be cancelled and terminated with no penalty to the State. 10. The term of this contract is beginning July 1, 1989 and continuing through June 30, 1991. Page 5 of 8 890495 1 • COLORADO DEPARTMENT OF HEALTH - hereinafter, under the General Provisions referred to as "Health". GENERAL PROVISIONS 1. The parties of this contract intend that the relationship between them contemplated by this contract is that of employer-independent contractor. No agent, employee or servant of Contractor shall be or shall be deemed to be an employee, agent or servant of Health. Contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this contract. 2. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws that have been or may hereafter be established. 3. Contractor authorizes Health to perform audits and to make inspections for the purpose of evaluating performance under this contract. 4. Either party shall have the right to terminate this agreement by giving the other party thirty days notice by registered mail, return receipt requested. If notice is so given, this agreement shall terminate on the expiration of the thirty days, and the liability of the parties hereunder for the further performance of the terms of this agreement shall thereupon cease, but the parties shall not be relieved of the duty to perform their obligations up to the date of termination. 5. This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. 6. If this contract involves the expenditure of federal funds, this contract is contingent upon continued availability of federal funds for payment pursuant to the terms of this agreement. Contractor also agrees to fulfill the requirements of Office of Management and Budget Circulars A-87 and A-102 or A-110, whichever is applicable. 7. To be considered for payment, billings for reimbursement pursuant to this contract must be received within 60 days after the period for which reimbursement is being requested and final billings on the contract must be received by the State Health Department within 60 days after the end of the contract term. 8. If applicable, Local Match is to be submitted on the monthly reimbursement statements, in the column provided, as required by the funding source. 9. If Contractor receives $25,000.00 or more per year in Federal funds in the aggregate from Health, Contractor agrees to have an annual audit, by an independent certified public accountant, which meets the requirements of Office of Management and Budget Circular A-128. If Contractor is required to submit an annual indirect cost proposal to Health for review and approval, Contractor's auditor will audit the proposal in accordance "With the requirements of OMB Circular A-87. Contractor agrees to furnish one copy of the audit reports to the Health Department Accounting Office within 30 days of their issuance, but not later than nine months after the end of Contractor's fiscal year. Contractor agrees to take appropriate corrective action within six months of the report's issuance in instances of noncompliance with Federal laws and regulations. Contractor agrees to permit Health or its agents to have access to its records and financial statements as necessary, and further agrees to retain such records and financial statements for a period of three years after the date of issuance of the audit report. This contract does contain Federal funds as of the date it is signed. This requirement is is addition to aoy other audit requirements contained in other paragraphs within this contract. 10. If applicable, Contractor agrees to not use Federal funds to satisfy Federal cost sharing and matching requirements unless approved in writing by the appropriate Federal Agency. Page 6 of 8 Pages 890495 Rev. 06/06/88 • • r«.a•acass SPECIAL PROVISIONS comntouxts APPROVAL I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This provision is applicable to any contract involving the pay- ment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available, BOND REQUIREMENT 3, If this contract involves the payment of more than fifty thousand dollars for the construction,erection, repair,maintenance,or improvement of any building,road,badge,viaduct tunnel,excavation or other public works for this State,the contractor shall,before entering the performance of any such work included in this con- tract,duly execute and deliver to and file with the offi',al whose signature appears below for the State,a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one- half of the total amount payable by the terms of this contract.Such bond shall be duly executed by a qualified corporate surety,conditioned for the due and faithflil performance of the contract,and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any labor,materials,team hire,sustenance,pro visions,provendor or other supplies used or consumed by such contractor or his subcontractor in performaoceot the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent pet annum. Unless such bond,when so required,is executed,delivered and filed,no claim in favor of the contractor arising under this contract shall be audited. allowed or paid.A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26-106 CRS, as amended. INDEMNIFICATION 4. To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State,its employees and agents.against any and all claims.damages,liability and court awards including costs.expenses. and attorney fees incurred as a result of any actor omission by the contractor,or its employees,agents.subcon- tractors, or assignees pursuant to the terms of this contract. DISCRLM NATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957. as amended,and other applicable law respecting discrimination and unfair employment practices(24-34-402. CRS 1982 Replacement Vol.),and as required by Executive Order,Equal Opportunity and Affirmative Action. dated April 16, 1975.Pursuant thereto, the following provisions shall be contained in all State contracts or subcontracts. During the performance of this contract, the contractor agrees as follows: (I) The contractor will not discriminate against any employee or applicant for employment because of race.creed.color.national origin,sex,marital status,religion,ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed,and that employees are treated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:employment,upgrading,demotion,or transfer,recruitment or recruitment advertising:lay-offs or terminations:rates of pay or other forms of compensation;and selec• non for training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. , (2) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race. creed, color, national ongin, sex, marital status, religion, ancestry, mental or physical. handicap•or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding,notice to be provided by the contracting officer, advising the labor union or workers'representative of the contractor's committment under the Executive Order.Equal Opportunity and Affirmative Action,dated April 16,1975.and of the rules.regulations,and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto.and will permit access to his books,records.and accounts by the con- tracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified front full membership rights in such labor organization.or expel any such individual from membership in such labor organization or dis- criminate against any of its members in the full enjoyment of work opportunity.because of race,creed, color, sex. national ongin.or ancestry. (61 A labor organization.or the employees or members thereof will not aid,abet.incite.compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contractor any order issued thereunder:or attempt,either directly or indirectly. to commit any act defined in this contract to be discriminatory. 395.53.01.102_2 7 8 890495 page ._. of _._. pages Revised 11.85' Form 6-AC-02C • , (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this con- tract or with any of such rules.regulations,or orders,this contract may be cancelled terminated or sus- pended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures. authorized in Executive Order, Equal Opportunity and Affirmauve Action of April 16. 1975 and the rules,regulations.or orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order.Equal Opportunity and Affirmative Action of April 16. 1975,or by rules,regulations,or orders promulgated in accordance therewith. or as otherwise provided by law. . (81 The contractor will include the provisions of paragraph(1)through(8)in every sub-contract and subcontractor purchase order unless exempted by rules, regulations. or orders issued pursuant to Executive Order.Equal Opportunity and Affirmative Action of April 16.1975.so that such provisions will be binding upon each subcdnfractor or vendor.The contractor will take such action with respect to any subcontracting or purchase order as the contracting agency may direct,as a means of enforcing such provisions.including sanctions for non-compliance:provided however.that in the event the con- tractor becomes involved in,or is threatened with.litigation with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6 a. Provisions of 8-17-101 St 102.CRS for preference of Colorado labor ate applicable to this contract if public , works within the State are undertaken hereunder and are financed in whole or in part by State funds. b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference aµnst a nonresident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident.If it is determined by the officer responsible for awarding the bid that compliaiiCe with this subsection.06 may cause denial of federal fluids which would otherwise be available or would otherwise be inconsistent with requirements of federal law,this sub section shall be suspended,but only to the extend necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements(section 8.I9-WOI and 102. CRS). GENERAL 7 The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract Any provision of this contract whether or not moor. posted herein by reference which provides for arbitration by any extra judicial body or person or which is other- wise in conflict with said laws,rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint defense or other- wise,Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times dunng the performance of this Contract,the Contractor shall strictly adhere to all applicable federal and state laws, rules and regulations that have been or may hereafter be established. 9. The signatories hereto aver that they are familiar with 18.8-301,et seq..(Bribery and Corrupt Influences) and 18.8.301,et.seq..(Abuse of Public Office,.CRS 1978 Replacement Vol..and that no violation of such pro- visions is present 10, The signatones aver that to their knowledge,no state employee has a personal or beneficial interest what- soever in the service or property described herein: • IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first abose written, Contractor WELD COUNTY (Full Legal Legal Name)WELD OF COLORADO • HEALTH DEPARTMENT ROY ROMER„ GOVERNOR F,� nfor the 4. '/w& ntect00. Positron(Ti s>huM , 8 —600081 DEPARTMENT ..„ ,...,., .,,.........„, o ..... OF JfALTM 111'Corporation: Attest I Sall 74,A P/emu l Hs).., }• G77�' ''w.& f .f-yt•L..<-rt.6J ��.� APPROVALS • ATTORNEY GENE•._...DUANE.�Yt^x1D,"'T.D C ROLLER By Te"• .._ . �t By UFF• " . HALL f..- .. - ..-...,oral • GVilb L l-1 Gyri i-N-V, .r /^ ' PROGRAM APPROVAL: 4(le i- A-1-r •• v L i.I-!!I"G G L !-/. s s ' ' 890495 w. 4. I I Attachment A-1 y I I IY I I a I I N it - I= L= tIoI= I= I= p=1' I' ' . L L-I, - I H F Er ': ? slc 2sm � }- k — - ). � _ it- _ r CIrL �� ; I. m ' rL -- k = r r r ; P " _ .a o F O f L _ �- - - - - - L _r_.0 , o 9 I I 1 == RC.WORKER' m p j 1 i i I , I — >cY s I l I I 1 , I I I I I I S IIXc6M€G00F I > I I I I I I Z LOW T MI(MI( ' N T p t , I I I. I I — n I IYIa1 A T a 8 I•- I I . I 2 = I „ + f I I I I I I I I I I i I ._ IUMIT.ENG e- '� 42 y I I I i I I I I I 2 I NONd1 IT. I :g n g I I I I I I 1 I I 1 SurrlY Ox r „ C�nO g = I I I I I I I I 1 I I I I I I G 1 MONEY ONlL I- M a I I I I I I I III I �ryrFSll/a 1 =y n - , I I I I I I I I I I Z M L O • {- IlIi:LI.Lro_ EC I. Il1. • .,it. 1. r - 8 _ r r I r 1 r r L. i- f- -,w Z 72 fr II-- f1r- Ir I1LL IIL 1L I.r r xui • - r r ▪ 'rL I- F r r r fr • r '. , r r 7 - z 0 a q ^ I- - 11 1 Cs- CC C , rr r _rI y " a'0h ; :, Ia,II 0c.. ON I/35 2 4, I. a Ox 115: I I I I , P � IOYAAUIO•Or 5 n I I , I I t S , M uis•IJ5O s $ I OTNfe?Ilk Ir ; ilXc o• ' ~ h r 1 r 1 i I I l I r 4 _ a L L I. (- r r r r I i- I "�u—I 0IA/XAAGM I . e L 7 ft I CREAM/AU' — I I 1 , I M I ' IcONOOM5 i� W : $ I I I i , I ' I I I I ISUIIOSJf9AM •- 1 I I , N ISIONGk UVI 13 Y L I I I 1-r F, L. �. L j.ix.-I 0TxEA = S i - I _ 1- r C � t L- r F P h" r �' F I F er�TxEAAIEUT105 li- r r r r r o° 1 l : I. C r re-i UP' , LrkkEkprp77_ .Lt I N 4 L L L L L L , L - I r h �- ' C L k L L .. =- I- - T= b -.: El kk ` � r � 1- L 1 L r COLORADO OF HEALTH ATTACHMENT A-2 Family Planning Data System PATIENT VISIT SAMPLE so Sh day I veer 1. Date of Visit ) I I I I 2. Service Site Number 3. Patient Number 4. County of Residence Code 5. Pregnancy History Number of times pregnant ( Number of live births 6. Ethnicity/Race (Check one) SlMin aack t 1 BJ Oriental dies =min Hi■Panic ` I C I Other Mal Unkn SEM 7. Seasonal Agricultural Worker (Check one) Seasonal 1 A Neither MIR Migrant B Unknown Mal 8. Purpose of Visit (Check one) Initial Medical M1 Other New Visit ME Annual Medical =WI Other Revisit SC 9. Medical Services Provided (Check all which apply) Cospiate Initial Pregnancy Testing H: orAnnual Medical MI Diaphragm' Fit J Hct/B!b Min Contraceptive Revisit I K Other Blood Test MM Vaginal Infection M. Blood Pressure Mil G.C. Culture N Pap Smear Here MM Rubella Immunization P IUD Insertion WM Rubella Titer IUD Removal girl Other Medical 1 $ 10. Type of Counseling (Check all which apply) Initial or Annual Pre-conceptual C_ Visit Counseling MIEM Problem Pregnancy r Contraceptive nil Sterilization (pre) G. Infertility ERR Adolescent H Nutrition M■7 Other J 11. Contraceptive Method at the End of This Visit (Check all which apply) Oral T A Contraceptive Sponge I F IUD I B Natural/Fart. Aware ' G. Diaphragm C Cervical Cep I J Condo I D None Foo/Jelly/Green u B Candam/SparniCide I K 12. Provider of Encounter (Check all which apply) Doctor MI MI Nurse Nurse Practitioner/ I♦M Other Health Midlevel Practitioner 13. Referrals Elsewhere (Check all which apply) Infertility ® Sterilization �, Prenatal Care �� B.1 Other D, None ! S 890495 FPDS 82 (5-84) (Revised 1/89) _ 7 ) � l # E \ / � f -I cof @E -•S 0 N ,C % 7 Co . 2 \ } a $ } 2 •••••• »7f 2 - 7E \ { § - 0. Or § ■ ) - ta- - E � ( \ \ 2 \ / ) = \\ / « , _ � � � ■ - r =g 0co o tsa s7 7 ° i a. ( \ co= q fD7.re tap - . i � , ; - 2 � $ Crq , \ 51 - § Mn 772 - . 2 % { Is ) §co 8 ) lin N m co{7 ` k / � m ' - to n • : 2 a 03 CA 2o 2 ` - § 2 ? ' g2 7 ~ �to } k ter� § \ � \ \ . \ \ , i § � § -I to re r ..- .o. C. DI ' \ -, k C , . 2 Z 7 \ . \ DV k ` Om ' % C le . i , C I > 2 2 - - DA • s ow C CIO0 � . Ca } . ATTACHMENT C • • COLORADO DEPARTMENT OF HEALTH - FAMILY PLANNING PROGRAM VI I.013 BCRR QUARTERLY EXPENDITURE REPORT • OTHER COMMUNITY PATIENT TOTAL MEDICAL LAB PHARMACY HEALTH HEALTH ADM FACILITIES RECORDS EXPENDITURES PERSONNEL COSTS PERSONNEL FRINGE SUBTOTAL (A) z .__ ==••zaczzzza..ai==•swazzzzz.=============zzli OPERATING COSTS TRAVEL SUPPLIES(PURCHASED) CONTRACTUAL OTHER SUBTOTAL (B) TOTAL DIRECT COSTS (TOTAL A • B) VALUE DONATED MIS (In-Find) DEPRECIATION* SUBTOTAL (C) (VALUE INCIFId • DEP) TOTAL PROGRAM COSTS A • B • C soma*. SQUARE FOOTAGE Jul)—Sept Report Only aaa••.atafaaafaaaa•saaaa••••.. ass *DEPRECIATION If you are listing a capital equipment item (items costing 5300 or more per unit with a useful life of 2 or pore years), complete the following wing this formula: Purchased cost divided by life years a depreciation per year, divided by 4 quarters • depreciation amount per quarter. DEPRECIATION !. ) PURCHASE USEFUL a AMOUNT DEPRECIATION ITEM COST LIFE YEARS DIVIDED BY 4 ORTS TOTAL TO DATE AGENCY Co?eLE'^'Jr. BY REPORTING PERIOD • 890495 .'.1 CO II II Of ••, n Feo O o C !n CCD C) 01 ry N T .ory cc .a r " ,a ... S 'S N 'C O n R1 rGw 99 ID CO S 7,1, i > • 74 N m C 0 ^8 c 7 fY C O '� • X 5 " .•7 W n r IV 002 7 17 co I 01 Yi C n n '01 ry O w a S � � wm e o as pppp ; 1 v C' ." z wry 7 C o 7 c z - - .•' 0m . 0s n -a ,.. .O. O r O , . J.% ._.' N O a O M •-] 0.. '1 ew 0. ro a S 73 a A a S r 7 9 ^OS r 9 n v a o n cc -I r c n o 8 7 O CD N 9 ; , :1 g E0 O - h 0 re' O 99 N 7 (9(p ..-.. • 8 .-4b B t 0 0 I Z o 0 S Y CC 7 II'° 0 n 2 Iz8n I- el ' f= °' n m am -i a n "i o• v ' re. m co -. z M o0 V o 0o 0 a > ry r g .•1 Iy} o o i I41� vs 4 la a o Ia '3 ICi o z 3 .g no m 0 iz v .. e-:a.00 • 0 - t a : • m F. ry t-2 e- c o & nm ry 0 '1 — E. - y coC N M n V 'c > C 7 e. ✓ C .. r .( 0)!+G ass n P el' V , C 3 cc c o o n r ^ e 7 q v 0 e.. `� (Y 00. t7 S N coW s n '. a r w v r. 1 . r r 0• 0 • VII.009 • ATTACHMENT E COLORADO DEPARTMENT OF HEALTH FAMILY PLANNING PROGRAM '-% ADJUSTED TOTAL GROSS INCOME AND FAMILY SIZE CODES - 1989 FAMILY SIZE ANNUAL INCOME MONTHLY INCOME WEEKLY INCOME CODE Less than 5980 Less than 498 Less than 115 1 1 5981-8970 499-747 116-173 2 8971-11960 748-996 174-230 3 More than 11961 More than 997 More than 231 4 - Less than 8020 Less than 668 Less than 154 1 2 8021-12030 669-1002 155-231 2 12031-16040 1003-1336 232-308 3 More than 16041 More than 1337 More than 309 4 Less than 10060 Less than 838 Less than 193 1 3 10061-15090 839-1257 194-290 2 15091-20120 1258-1676 291-386 3 More than 20121 More than 1677 More than 387 4 - Less than 12100 Less than 1008 Less than 233 1 4 12101-18150 1009-1512 234-250 2 18151-24200 1513-2016 351-466 3 More than 24201 More than 2017 More than 467 4 - -- ) Less than 14140 Less than 1179 Less than 272 1 5 14141-21210 1180-1769 273-408 2 21211-28280 1770-2358 409-544 2 More than 28281 More than 2359 More than 545 4 _ Less than 16180 Less than 1348 Less than 311 1 6 16181-24270 1349-2022 312-467 2 24271-32360 2023-2696 468-622 3 More than 22361 More than 2697 More than 623 4 Less than 18220 Less than 1518 Less than 350 1 7 18221-27330 1519-2277 351-525 2 27331-36440 2278-3036 526-700 3 More than 36441 More than 3037 More than 701 4 _ Less than 20260 Less than 1688 Less than 390 1 8 20261-30390 1689-2532 391-585 2 30391-40520 2533-3376 586-780 3 More than 40521 More than 3377 More than 781 4 Use Codes 1 to 4 with Sliding Fee Scale prices to determine amount patients pay for services and supplies. Code 1: Below 100% poverty as defined by 1989 guidelines. Code 2: Between 101% and 150% poverty as defined by 1989 guidelines. Code 3: Between 151% and 200% poverty as defined by 1989 guidelines. J Code 4: Above 200% poverty as defined by 1989 guidelines. NOTE: For family units with more than 8 members, add $2040 for each additional member. April 1989 LQG495 WELD COUNTY HEALTH DEPARtMENT CONTRACT SUMMARY (Contract Name) Family Planning Program Granting Agency: Colorado Department of Health • Term of contract: July 1, 1989 through June 30, 1991 Amount: $83,251.00 Difference from previous contract: decrease of $1706.00; This decrease is related to a -decrease in numbers of patients served. _ 1989 contract is to serve about 1,550 patients and 1990 is for • 1450 patients. County Citizens Affected: Men and women in their reproductive years. Program Summary: Outreach and Patient Recruitment Health and Social History Medical Exam and Lab Testing Contraceptive Information and Supplies Follow up and Referrals Benefit to Health Department: Provides the funding for services above and allows Weld County Health Department to offer this on a sliding fee scale. Responsibility of Health Department: To conduct a comprehensive Family Planning Program in compliance with Title X and Colorado Department of Health Regulations. County Fiscal Impact: decrease of $1706 (9%) 3p419S RESOLUTION RR: APPROVE INSTALLATION OF "STOP AHEAD" AND "STOP" SIGNS ON WELD COUNTY ROAD 15 AT ITS INTERSECTION WITH WELD COUNTY ROAD 20 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 Weld County Engineering Department has recommended to the Board that "Stop Ahead" and "Stop" signs be installed on Weld County Road 15 at its intersection with Weld County Road 20, to insure safety to the traveling public, and WHEREAS , the Board has determined that said traffic devices are necessary for the protection o;: the general public. NOW, THEREFORE, RE IT R.E.SOLVED by the Board of County Commissioners of Weld County, Colorado, that the Engineering Department be, and hereby is , directed to install "Stop Ahead" and "Stop" signs on Weld County Road 15 , at its intersection with Weld County Road 20 , for the safety of the general public, and that said ions must conform to the State manual and specifications. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of June, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: ��^^ WELD COUNTY, COLORADO Weld County lerk and Recorder and Clerk to the Board C.WKirb , Ch irman Y. ne o eh9nsonpro-Tem eputy County erk /li APPR ED AS TO FORM: &`ene R. Brantner ellow .0" C.C7L eor a xe e / County Attorney J Gor :lacy 890478 Ex;s+19 o / 547 WCRad N a Si-ap h Ca5a. k C ra d 4c Exisfi"9 a-I-e S a/ S.+op S� sierra Ui fa .Dr. Ex;s+; 1 Tee. 0 Proposed CNo•,oe 40 Sop Ak'AJ' ex,s+;4g �/ stop Sioux b Cl-, a r fJ (fO C:PC� ! $ICiPr0a� 1 !3 7. 54-o p £x;Sf;M9 £xi$4 inq o �x;s+, �a N. Sio\ a stag r- 5 idproG� p 4 O \a /14102 a . 890478 0 I 0t11EMORAI1DUAI win C To rlork to the RnArd Dee hint. 6 �T COLORADO From Drew L Schelr nya,_.Gounty Engyieer L\\ Subject Stop Sign at Weld County Roadc 15 and 20 Please place a request for stop signs at County Roads 20 and 15 on the Commissioners' Agenda. Attached are copies of the recommendation by Marc Street, Maintenance-Support Supervisor. DLS/rs xc: Marc Street, Maint.-Support 890478 t2m & fr. f study welt 26 —. weak is Reco esiJaf ;oh for Peso 1 vita o 890478 WFJ' court lc. 7= IY.^.C 17r •. 22Z&Mara � 1v� DOTE: - - NAM: • PEA riX : ADDRESS: D`GF .:c HOUSE NCI+IDER: ROOD NCIIBER: ' PROBLEM it;crse-__.... •)t Ru_c SURFACE TYPE: _PAVED QCAVEL REPORTED oampuvrxr co= APPROPRr TIMIS) 1. 3JRFACZ: 2. fit$: 3. ' 'ci6RU4i: CRAVP.Y PAVQRST _ ED:.ES _ BIQOCG ROAD ROUal — HDLE(S) MY.9WLT _ — FRTCC LflS _ WA9i-OITI SETTLEMENT: — DROP (IDCE C>F — REO. REMNAiJ DUST IDCCE HDLE PAV.) TRINMDr^, _ ICE/SJSd _ SWEXPEEG — VISIT. OIrTRCY-ICIN ICE/S"47: _ =QC= 5:0 4. r ADt14 r: S. TRAITT: =Taw DE•r : WATER OVER ROAD SICLYS _ Danace _WEr —Miss. — Req. _ FLOODING PROD. PRO. =ADRA= — Damage _ Req. _ STAT.DING DI Dliri PAVEMENT — ter — Reels _ DTPDC SL REDDEST MARCSS 6. HT .ANLVUS: 7. ISPL=ES: _ PROPERTY TYMYGL _ RQ:aSI.^E HAZARDS _ G%ARDRAIL _ LITTER PICK-UP _CONSTRUCTION RELATED _ DECK wCRR CUALITY _OVERWECGA: VIM= — APPROACH REMAwcs/aTEm: .le7�.S7 :e^ aed Lae . :Dt i;'. _ ..._. _ LincL_ be a ;;Dp ..,. _ • Marc - REFERRED O: R£5PQYSe RFT?UEr1'ID _YES X NV RFSPOM TO: .• • °AIt OF RESPONSE: 3/i3 79 RESPONSE EDIT TO: EY: f yr 571" e 71- 11.7:10N TAKEN: 71 ,Li•Q Cc; JJc C'QM7"ra/ S'7LC�r wi I� b•Q �Dt^civet&� fd CYP'74PvMryCJ" / F 7 peP /f <1 P on Far S#r o • • p 89p 04�y!8 to Weld Cou14'-11 Dees o EI;PiPet'ivtq P, E.' Tra-R c &c„-fro I De o; crs A reeves* has been made of IA s Se,oarfrM94*- -the jli$'7alle?7l ?lrl o1' Q slop 515,7 Q �'J wcg /5 row 1 n5 044+0 Lock Jo ito Cbv�lro I -1-4e flow of Ira %';c a1- 74,'S in 4ryecfiart. c�'"' ,O S Wade Q h c a- r4 visual irts�A ,�e III rroGds Cow� ihaa I rp E�;G CO Coac�� ' oh �a tvc(Z ao e # o� Cos A Gra rode G` ga 45 aN� WCg iS are Coo-Fr-oiled by slop s ' saS. Due +o 14e tii5ti voAthae cF fra (Pic o we R. at if ;r lie recakv+ w+e,c104 c,, r' -1-yilS depar +wee„ 4- f kaf a Sloe s 5r^ .be ac d WC Is where ; f in fete sec fs O n -PO Cs Form 74o f AQ wc� c;0. S%9r+;,� ;s �; c Ca�4�Q1 M . ,eI. (,(,h � Fors ��Q �' / \ see -Woe Led /"% F°•) g9 S fPC 'f' Fully 11 E. 1St- ciA Q 0Vr Trim visor 890478 � �- LOCATION /S/A'` TEMPERATURE 4!'` WEATHER COND. et,r N se /6 :30 3//5//9 /i/54z/10 1/14 0 3//9/c9. N Loy, &e//I s5r/� ,z/y I c 2 7A z85/9/7- 1 \' I ee Rei za ea, gel, vil/3 Co, KI2O off'/S- Sc /o :cD -51//i1/299- Se f /Cf 945 3//y/r9 fl'clt0,//;i" 3//7//9 /O/e,a�r //:s o f//7/j9 e av cc ed.-7 A 76'7/z = 105 Ate/ Cort#71 leo /z �{o 4cifx /, o& _ 471 APT 24,0 "c /, Olo = 251,4pT PASSENGER VEHICLES I PICKUPS I SINGLE UNITS _ COMBINATION UNITS TITLE 48 !7o uv T.'a/T" i e T SURVEY BY -42,21 DATE—Ws 77 DRAWN BY z9/y/' DATE3lu/177 CHECKED BY DATE /s z0 COUNTY ROAD NO. APPROVED BY COUNTY ENGINEER 890478 j WELD COUNTY DEPARTMENT OF ENGINEERING RESOLUTION RE: APPROVE INSTALLATION OF 45-MILE PER HOUR SPEED LIMIT SIGNS ON WELD COUNTY ROAD 5 BETWEEN WELD COUNTY ROAD 6 AND STATE HIGHWAY 52 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, by Resolution dated July 27, 1987, the Board did approve the installation of 25-mile per hour speed limit signs for vehicles in excess of 8 , 000 pounds on Weld County Road 5 between Weld County Roads 6 and 12 , and WHEREAS, the Engineering Department has recommended that, due to changing road conditions , the existing speed limit signs be replaced with 45-mile per hour speed limit signs on Weld County Road 5 between Weld County Road 6 and State Highway 52 , and WHEREAS, the Board did determine that 45-mile per hour .need limits signs be installed on Weld County Road S between Weld County Road 6 and State Highway 52, the installation of said signs being necessary for the protection of the general public. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Engineering Department be, and hereby is, directed to install 45-mile per hour speed limit signs on Weld County Road 5 between Weld County Road 6 and State Highway 52 , said signs shall conform to the State Manual on Uniform Traffic Control Devices. BE IT FURTHER RESOLVED by the Board that the Resolution dated July 27 , 1987 , authorizing the installation of 25-mile per hour speed limit signs for vehicles in excess of 8,000 pounds on Weld County Road 5 between Weld County Roads 6 and 12 be, and hereby is, rescinded. /; 890502 Page 2 RE: SPEED LIMIT SIGNS - WCR 5 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of June, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: ‘71171214";‘14;)� WELD COUNTY, COLORADO Weld County Jerk and Recorder Zereev2��.-r.G/ and Clerk to the Boa d C.W. Kirb , Cha rman RY;, 1 n cn c 1 e J h sol7n, pro-Tem eputy County erk APPR VED AS TO FORM: ene R. Ara ner George Kr n y .42 County Attorney r Go . L 890502 I St Mu/ s.2 Speed 1,.. .� 35 c ('ewsfi°9 J\ CorMo G r p�' Sub d� '5 °H N sloped i;"41—,Lis a -- sped l;M:i 35 C efi3f%"1) --e'elmove — Cer;shn —1) or, al la S1O 0 Q liReducedreeS11:0::: speed 1 ; I- 5 x sf;n9� peed I'r�,„;t 45 — p _^ lproposed) - D A4ead (ex;sf;NJ)— R — 1111l111111111111II11! 111111111 1t1FI f ! I a rpeed I;L,: * 4S O— 5-1 op ( Proposed) w c ie /O Stop . O speed (}W ;4- 45 ---- a ( Aroposed) a Speed I!».;j 4s Si op O ( Proposed) WcE 7 Stud 1;N,:+ cis --- p 1O —ws saop / t Pro posrd) Sal�o9t Yard speed tin.;l• 4s d --;:o: .proposed) ( Access 4o Lo.,d PI / 1 wee Slop — Q Speed I;r":+ SS— ❑ — g od In.,:+ %c l propnei (p,eposect) I 890 02 D — ReIviceti Spnd 46ea (Froposed) ,I Ar mEm4RAnDUm S57 1.1 1111€ Clerk to the Board June‘\ 1989 T _ Date /fitR }�/� Drew Scheltinga, County Engineer \\,\►`Jx, C:‘ COLORADO From Agenda Item Subject: Please place the following item on the Board's next agenda: Change existing speed limit signs on Road 5 between State Highway 52 and Weld County Road 6. A memo and sketch are attached. DLS/mw:rd5 Attachments 'cc: Commissioner Lacy WCR S WCR 6 890502 6171 vi u/e td 0.40447 Dept O,P Er" ; tee': n9 R. E.' j rq CFic Cow 'f re / �/cevicev TrOCC; c_ 0eH"lreI deuces ( speed (j ' f zS revels our, goo° Jbs) (were ias/ell ed 8/S/g7 elk) a c72 5 bet weer, . Heat fa q H cf cv cr2 to 4a/ 6v"'"1y reso (Siorl la 4601 de 9A dsf CoN7rre / pvo14A.,_ 5iHce 1k4f' tingg this Set- 416o 0c roadway Jos loe oSpha lied. 14eSe sirs are •ho /5-gyr opeJecf rim ce 14e dosf prof, /ems doese 1+ exisf. O v fo -f A fype 1roPC is .14i ages 7'tiis Co„'fio 1 G /oN fti,s road ( 1-191 'teas trucks), Irate is y is sfiI1 oPod ,Lo 'tole( '/e lroaeflei Stec � r o�n a/ F /�i S pv el; c 1+ is f he recow+ .,•, e clo i/or-, OF i • ,c coK '�� cl po/t wekf 1 at /he exiSlti'y elver , I \ �/Pu;ces ( speed L1M. •L 25 - irucAre outer 3000 I bs) ht. replaced speed li"",t 4'S signs. CSee a7`fccLpd diayvaw.) lilJ%cF fiia A 404 o n c e Si por f Sutir v,'So r-- . 89051.z RESOLUTION RE: REGULATING, WARNING AND GUIDING TRAFFIC DURING THE TEMPORARY CLOSURE OF WELD COUNTY ROAD 16 BETWEEN WELD COUNTY ROADS 73 AND 77 FOR APPROXIMATELY 10 WORKING DAYS FOR CULVERT REPLACEMENT 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, pursuant to Section 42-4-410 (6) (a) , CRS: " . . . local authorities, with their respective jurisdiction, may for the purpose of road construction and maintenance, temporarily close to through traffic or to all vehicular traffic any highway or portion thereof for a period not to exceed a specified number of work days for project completion and shall, in conjunction with any such road closure establish appropriate detours or provide for an alternative routing of the traffic affected. . . " , and WHEREAS, the Board, pursuant to said statute and upon the basis of traffic and personal investigations , has determined that conditions exist which make it necessary to temporarily close to through traffic and to regulate, warn and guide vehicular traffic on said County roads by posting signs thereon. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, deems it necessary to regulate, warn and guide vehicular traffic on County roads and any intersections thereof, and it hereby authorizes and orders the posting of such traffic control devices as shall be reasonably necessary to regulate, warn and/or guide traffic thereon for the safety of the general public and that said traffic control devices shall conform to the Federal Manual on Uniform Traffic Control Devices. BE IT FURTHER RESOLVED that the Board of County Commissioners of Weld County, Colorado, does declare and establish that Weld County Road 16 between Weld County Roads 73 and 77 be temporarily closed , with said closure being effective June 12, 1989, for approximately 10 working days, and further, that standard official traffic control devices shall be erected at said closure giving notice of the restrictions. 890492 Page 2 RE: TEMPORARY CLOSURE - WCR 16 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of June , A.D. , 1989 , nunc pro tunc June 12, 1989. levit BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder 4//n and C]erk to the Board C.W. Kirrman Cry rais ,P� Y: , J 1 ' e J hqs on on, Pro-Tem eputy County C erk APPR VED A. TO FORM: Gene R. Bra ncr George K n `-"'County Attorney Grp Cor . 890492 fir% f • • �- i —g ";r .re' s• ea • ' N et•VI v - t- -• %ee - a) tel •� ,� /� l� X13 4. 4 ` • liter ba0.T�W Q( o �- _,._�. .. wi 11� la _g a� 3 Road Closed `aZ . � / O p ? _ • (NCR 1G I 1 I I r--..-•-- _ . o a f / 1U borileo�c • - ��Cr. H:/ N + Flosl,� _ ;•— D �a e rose R% ` k}e-Thor ,fr,dw °' Lo cQ/ 1-ntiic C l' It11; '"'..4.7.0...Or. kd Q.(c se d L //2/n9 For t.cduPvt.- iti°""""-l - : = . a / 0 c.a./ oa S F — ---set ti Far Q�op 0; 1." -� / J r s- Par TITLE &Sf.d 0(ctsvve WCR go a# wtR 73 di`^cp 77 . SsvEY EY /J"�,, DATE DRAWN 8Y ry ut rCr DATE '9 2 • 4 BY DATE - COUNTY ROAD N'I� :r. • COW ire BY COiTY Et:G!NEEP. WELD COUNTY DEPARTM NT Or EN-INTEERIK; { I -- 1 70plu • 89®•' 92 2/7- Cw it MEfnORAf1DUM WilOe Clerk to the Board June 12, 1989 To Deta George Goodell, Director of Road and Bridge COLORADO From Road Closure soomm: The following road was closed June 12, 1989 for a culvert replacement. It will be closed approximately ten working days. Please place this on the Board's next agenda: WCR 16 between WCR 73 & WCR 77. GG/mw:frc xc: Commissioner Lacy Weld County Dispatch Weld County Sheriff's Office WCR 16 WCR 73 WCR 77 g00492 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CERTAIN PARTIES FOR VIOLATIONS OF THE WELD COUNTY BUILDING CODE ORDINANCE AND THE 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, the Weld County Department of Planning Services has referred certain violations of the Weld County Building Code Ordinance and the Weld County Zoning Ordinance to the County Attorney's Office, and WHEREAS, those persons in violation of the Weld County Building Code Ordinance and the Weld County Zoning Ordinance are Tice C. and Judith C. Archer; Derral Reynolds; Tull Cattle Company; and Jesse L. and Trudence K. Thomas , and WHEREAS, despite efforts by the Planning staff to resolve said matters, the violations have not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against those individuals as hereinabove named to correct said violations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against Lee C. and Judith C. Archer; Derral Reynolds; Tull Cattle Company; and Jesse L. and Trudence K. Thomas to remedy the violations of. the Weld County Building Code Ordinance and the Weld County Zoning Ordinance, and any other persons occupying the properties , any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. '/ i.' / ., , P,90499 Page 2 RE: BUILDING CODE VIOLATIONS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of June , A.D. , 1989. ^ L.r! BOARD OF COUNTY COMMISSIONERg ATT.F,,$m. WELD COUNTY, COLOPADO Weld County lerk and Recorder / and Clerk to the B rd C.W. Rirb , Cha man EY: N ) tneonsonPro -TemputyCou �rkDeputy County lerkAPP VD AS TO FORM: men e R �ra _ner --Y r- Oi� George County Attorney Gor 890499 fast MEMORAnDUM WilkTo Board of County Commissioners ome June 14. 1989 COLORADO From Department of Planning Services Subject: Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Zoning Ordinance. Zoning Ordinance Violations: VI-1355 Lee C. and Judith C. Archer 2631 64th Avenue Greeley, CO 80631 The Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties. any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. 890499 sitscf162 mEMORAnDU WilkTo Board of County Commissioners Hate June ]4, 1989 COLORADO Rom Department of Planning Services Subject' Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Building Code Ordinance, Building Code Ordinance Violations: BCV-1120 Derral Reynolds 2852 Dartmouth Drive Lancaster, CA 93534 The Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. 891)499 1 i ' INi ° I (A) ,_,8 i cl 10 s r N -J., cJ - .f....i -:1 ..) .. C" N CI C) OD PI CS N S I y O x kc O r, 9cr __ ro t,M ' xd Z -CNo o C Q1 wn G a• to C.Q h Cik p c.r ..-. r Ni . Q .'d,ri PI N1 C G r XI f.s m a r a O G i•--+... h n V1 ;T1 r4 r %u -__... in u, , liJ t'Ar MEMORAnDUM IYi�'pc. To Board of County Commissioners Dmi June 13. 1989 COLORADO From Department of Planning Services sueieov Leval Action Authorization The Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Building Code Ordinance. Building Code Ordinance Violations: ECV-1121 BCV-1121 MOBILE HOME OWNER: Tull Cattle Company Jesse L. & Trudence K. Thomas 1345 Plaza Court North 5311 Sundial Place Suite 4B Boulder, CO 80301 Lafayette, CO 80026 The Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. 890499 66t r. ice CTa may . cam° no r G 0 o G r.i 0 q0 m ioa , A S I O G .t � a , `� -am 74'30 c' N 2 -;l V I C+ N .- H . Y C W C •-t tail Vt i r �J .. r :4 t7 Y 9-1 . . to A A c 0 AO _ . co - , C N yz .. 0 C p y 4 AR2183273 c o RESOLUTION a RF: TRANSFER AND ASSIGNMENT OF CABLE T.V. FRANCHISE TO JAMES o CABLE PARTNERS, L.P. a om 0 o WHEREAS, the Board of County Commissioners of Weld County, uro Colorado, pursuant to Colorado statute and the Weld County Home a Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County, Colorado ("County") , approved and enacted Ordinance No. 94 on December 14 , 1981 , authorizing the z grant of a Cable T.V. franchise; which Ordinance was amended by i Ordinance No. 94-A on December 21 , 1982 , and Ordinance No. 94-B on s February 12, 1985, and N N WHEREAS, on December 19, 1988, County adopted a Resolution F granting to Chartwell Cable of Colorado, Inc. ("Chartwell") , a 1 c, '12 cable television franchise, and 'y' WHEREAS, Chartwell desires to sell its business and franchise (`"` to James Cable Partners, L.P. ("James") , and James desires to m z assume all of the duties and obligations of Chartwell under the � �„ franchise , and WHEREAS, James will merge or liquidate Chartwell into itself x so that James will hold the franchise directly, and Mc WHEREAS, the Board of County Commissioners of the County of weld recognizes that James will initially be serving only a small w area in Weld County of less than 500 subscribers, and WHEREAS, the applicant has presented facts sufficient to persuade the Board of County Commissioners of the County of Weld to invoke the WAIVER OF REQUIREMENTS section of Ordinance No. 94-A, and WHEREAS, application has been duly made by James requesting approval of the transfer of the franchise. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado: i 890501 Page 2 RE: JAMES CABLE PARTNERS, L.P. c0 of SECTION 1 . NO County hereby consents to and approves the transfer of all of the a capital stock of Chartwell to James and the subsequent merger or c % liquidation of Chartwell into James, and to the assumption by James of all of the duties and obligations under the franchise, vCG z such assignment and transfer to be effective upon the transfer of a the capital stock of Chartwell to James. O SECTION 2. va v County acknowledges that as of the date hereof, the franchise is c x in full force and effect, the same as is held by, and the rights z and privileges granted thereunder, inure to the benefit of orna Chartwell , and that to the best knowledge of County, Chartwell is v in full compliance with the franchise. � z w SECTION 3. o ix That the consent and approval hereby granted is given pursuant to m o the terms and provisions of the franchise, but do not, however, N w constitute, and shall not be construed to constitute, a disclaimer or waiver of any rights granted or any duties or obligations co z imposed by the franchise, except as provided herein. N < v a SECTION 4 . < CZ 2 That County hereby approves and consents to the following 1/400, exception pursuant to the WAIVER OF REQUIREMENTS section of N• N Ordinance No. 94-A: .+ o • w Section C. of heading "Company Services" shall be waived, unless and until there are a total of 500 subscribers on the system. SECTION 5 . That the franchise originally held by Chartwell was duly and legally adopted and approved by County, and that said franchise is hereby validated, ratified, and confirmed. 890501 Page 3 c O RE: JAMES CARLE PARTNERS, L.P. o me • SECTION 6 . 0 ,41-; That James shall be controlled at all times during its operation, o .7-' installation, and maintenance of the system pursuant to the o a franchise by all provisions of the County Ordinance No. 94 , as Ica amended, and that any such terms of said Ordinance are • incorporated herein as if fully restated. O J 'A. SECTION 7 . That James shall not assign the franchise granted herein, or any e z right or interest contained therein, without the written consent m of County; provided , however, that James has the right to assign, • v mortgage, or pledge the franchise as collateral security for any z loan to purchase and/or operate the cable television system. N kp F SECTION 8 . o � a County hereby consents to any such assignment, mortgage, or pledge ci as collateral security; agrees to provide to any secured party the M• w same notice required to be given James under the franchise; agrees coz that any secured party shall have the same rights as James to cure r--1 c any defaults under the franchise as assigned; and agrees that if O • any secured party assumes the rights and obligations of James az under the franchise because of any default, that said secured x party shall have the right to assign its assumed rights and obligations to a third party that is reasonably capable of mLn performance of James' obligations under the franchise subject to o the written consent of County. m SECTION 9 . That the sections of this Resolution are hereby declared to be severable, and if any section, provision, or any part hereof shall be held to he unconstitutional or invalid or unenforceable, such section, provision, or part shall be fully severable and this Resolution shall be construed and enforced as if such section, provision, or part never comprised a part hereof and the remaining sections, provisions, and parts hereof shall remain in full force and effect and shall not be affected by any unconstitutional or invalid or unenforceable section, provision, or part, or by its severance here_from. 890501 ,49O Page 4 o uRE: JAMES CABLE PARTNERS, L.P. o ✓• 0 0 q SECTION 10 a oco z That this franchise shall become effective upon signature of thin o a Resolution. u} a a The above and foregoing Resolution was, on motion duly made 0 and seconded, adopted by the following vote on the 12th day of ▪ z June , A .D. , 1989 . ��--� . 1 v- 4o \-iflaujeaviA, �ti�/ 4r/ BOARD OF COUNTY COMMISSIONERS o a ATTEST: WELD COUNTY, COLORADO m 4 a Weld Cou ty',t ,sand Recorder te'J�n and Clez " „ iB C.W. Kir y, C irman - o4 ,-, • t�.P t( G ,. r 1 oaieq 'BYE, � ' a e ne Jo non, Pro-Tem en Ppu`Y ui Y Clerk , `� Y[Wk N 1 :4. APPROVED A TO FORM: G vQ eneNR. Erantner m • z ei� Q,� z --' o George y r GKen a GI(ACy a County Attorney aE.�• p M en N N el O M 44 890501 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: DOCKET # 89-29 Amendments to cable television franchise, Chartwell Cable DOCKET # DOCKET # NAME ADDRESS HEAPING ATTENDING his 4 C414ttiv //3 s Co /46e ,))2 /(rz n e j / Z c gethi/ei,, "89SQ4 MEMORA1IDU(YI Ink Board of To Ccun+y Cnrrni nt:i pnPr5 Date June 9. 1999 COLORADO From Brure T. Barker. Assistant County Attorney Transfer and Assignment of Cable T.V. Subject; Franchise tram Chartwell Cale t• Jam Cable Partners On Monday, June 12 , 19£9 , you will be asked to approve the transfer and assignment of a cable T.V. franchise from Chartwell Cable to James Cable Partners. This transfer and assignment is pursuant to Weld County Ordinance No. 94 , as amended by Ordinances 94-A and 94-B. The franchise is currently held by Chartwell Cable of Colorado, Inc. The company has held the franchise since December 19, 1988. The franchise serves the River Valley Village Mobile Nome Park, Casa C.ranc,e Estates, and the Fnchanted Hills Subdivision. It is my understanding that James Cable Partners desires to purchase Chartwell Cable so as to move into the Weld County cable market. Chartwell Cable is happy to sell to James, because Chartwsll does not currently have the capital to fund the projected expansions which it desires to make. It appears that everything about the franchise will remain the same with the exception of the name. James is not at this time asking for any expansion in the size of the franchise. Please note that the new company will he named "Platte River Cable" and will be a subsidiary of James Cable Partners. I have reviewed the application by James. It appears to be complete. Mr. Bob Briney and Douglas Catiano will be present at the Monday meeting to answer any of your questions. Please note that James is asking for a waiver of the local production equipment requirement found in "Company Services, Section C. " I suggest that the Board grant the waiver, but require that James comply with the local production equipment requirement once the subscriptions total 500 homes. I recommend that the Board approve the assignment and transfer of the cable T.V. franchise from Chartwell Cable of Colorado, Inc. , to James Cable Partners. Pruce T. Barker Assistant County Attorney PTB:sa 890501 i NOTICE Docket No. 89-29 Pursuant to Weld County Ordinance No. 94, as amended, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time indicated below, for consideration of amendments, including a change of ownership to James Cable Partners, L.P. , for the cable television franchise granted to Chartwell Cable of Colorado. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. Application materials may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street. Third Floor, Greeley, Colorado. DATE: June 12, 1989 TIME: At or about 9:00 A.M. REQUEST: Amendments to cable television franchise 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: May 31, 1989 PUBLISHED: June 1, 1989, in The New News 890501 IP v + r' rNourr4R�(p so man toMeld eo.ntY dab,_ W cozdzi eater, •A Vint Floorthorn' Lisultesse•_ Edow. nor totu�ipialOn-oC:nee rr� 'Cl Jnmr CWe� rr. L.P.,-fee the, cable pion .t enrhue ru to rtwell .Cable d ,wy qaR �derlre ..)t �wvance d+ tepa7er"Se reoriblb the �e net wNeht•7 �bprprSkNDSudYrinll tl�r ♦ hearing, the ca it to tothe(trBo dete.. ORomit*can be w .. �e ""be wWkeedd�,tno Writlag '.� ,♦ "I er tto I hearing.such =dew at ;in =be naSOne t Court re tarnli by ttn r.ou+ wia examined Dotterel me be . - eCCgxamload in the d env al 11+c grmpt nit ggatad in ththe 9 5 1Mh utMapain Captor, InY A Sca ®e 12,19 ' At ore AnlelldIOWg.to cable wilension(me COLORADOIW. AitUERNCEIN COUNTY t,LE AND _AND CLERK TOBOARD „� ` \ I-. Y: DePoty co AtT®: try 31.\ " `t ?unlashed The New Neer 7cae I.MI. ----7-6f.e,aOC—Z( / er...,-Ceil— 890591 • • Platte River Cable June 6, 1989 Clerk & Recorder Weld County P.O. Box 758 Greeley, Colorado 80632 Dear Madams and Sirs, Please accept the following as our request for a waiver of the following requirements under the Weld County Cable Television Franchise Ordinance 194. Because our system will serve less than 500 subscribers, we hereby request a variance from: Company Services. Section C: Equipment for local production and presentation of cablecast programs. James Cable Partners, L.P. is looking forward to serving Weld County residents. Sincerely. Kelly Hargan General Manager A subsidicry of James Cable Partner, L.P. 113 S. College Ave., Suite A • Ft. Collins, CO 80524 • (303) 224.3325 590501 • . � Platte River Cable June 6. 1989 TO WHOM IT MAY CONCERN I , Douglas Catiano, in my position as Chief Engineer and the senior technical consultant for James Cable Partners, L.P. Colorado operations, do hereby state that I have reviewed Weld County Ordinances #94, #94A, #94B in their entirety. I hereby declare that James Cable Partners, L.P. "s planned cable system (network) will meet all requirements set forth in the above stated ordinances. • Do las Cad C of Engineer A subsidiary of lames Cable Partner, L.P. 113 S. College Ave„ Suite A • Ft. Collins, CC 80524 • (303) 224.3325 590501 ca 26 Chartwell 26 t; , rte" 5299 DTC Boulevard ck..5` Suite 260 •,,7;... C O;:. Englewood. CO 80111 . 0 „'1 u 303/694-1700 FAX 694-0070 Regional Office 125 Crestridge Fort Collins, CO 80525 Ph. (303) 225-0537 Weld County April 25, 1989 ATTN: Bruce Barker 915 10th Street Greeley, CO 80631 Dear Bruce: This letter is our formal request to have our cable television franchise with Weld County transferred to James Cable Partners, L. P. Through unusual and extraordinary circumstances we have found it necessary to seek additional capital to complete the construction we have planned in Weld County. Our Company will be able to finish this construction under a management agreement with James. However, their Partnership structure requires that the franchise be transferred in their name before the investment is made. We can assure you that we will continue to work with the County in a cooperative and professional manner throughout the project to ensure that the residents in Weld County receive the finest cable service available. Your cooperation and expeditious handling of this matter is greatly appreciated. r^ sincer ly /1 2 4 VAA /1/04 /R bert Jf Briney Vice President Of Operations S935 j • DATE: May 31 , 1989 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 12th day of June, 1989 , at or about 9 :00 A.M. Docket No. S9-29 - Amendments to cable television franchise granted to Chartwell Cable of Colorado - James Cable Partners, L.P. OFFICE OF THE E TO THE BOARD BY: Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO(z<VPIV 890sc �1 • • James Cable Partners, L.P. 113 S . College Fort Collins, CO 80524 Ph. ( 303) 224-3325 APPLICATION FOR WELD COUNTY CABLE TELEVISION FRANCHISE TRANSFER The following is to provide information in accordance with the requirements under Weld County Ordinance #94 --APPLICATION Section pages 10-14: A. (1 ) Applicant: James Cable Partners, L. P. 113 S. College Ave. Fort Collins, CO 8052 Application Date: May 26 , 1989 (2 ) Proposed James Cable Partners, L.P. is System: purchasing the cable system from Chartwell Cable Of Colorado. Chartwell 's present system comes from Del Camino and extends to Enchanted Hills and Casa Grande Estates Sub- divisions. Business Hours: Office: 9am - 5p.m. Weekdays exc. holidays. Staff: Manager Technician - Kevin Allred Clerk - Krystal Lingenfelter Maintenance Procedures: General: On-going planned System Maintenance Program that incorporates the highest of CATV technical standards. Customer repairs: completed within 24 hours. Outages: worked on and repaired immediately -- 24 hours a day 7 days a week. 890501 1 Management- The system will always have a full- Marketing time manager. Also, additional management and marketing support will be provided by the regional office in Fort Collins. Most marketing procedures will be in the area of direct sales and direct mail. Direct sales will mainly involve contacting the potential subscriber at the time of installation. Public Access A channel will be set aside for use by the public and will conform to the County guidelines. However, a waiver is requested from providing any public access equipment until the system reaches a level of 1000 subscribers. Services Provided The system initially will consist of 22 channels of programming with a capacity of 36. Also, the system will be designed for 450 MHz which will give it the eventual capacity of over SO channels. The system will also be capable of two-way transmission. The proposed programming will consist of the primary Denver Off -Air stations and approximately 15 National Basic Cable services that will include at least three premium channels, i . e. HBO, Showtime and Disney ( see attached Channel Line-Up) . ( 3) Automated Services Basically, all CATV headend services are automated. (4 ) Production Facilities The Company is requesting a waiver And Assist- from the production facilities ance requirement. However, channel space will be allocated to the County government, local school district and surrounding community. The Company pledges its assistance whenever possible by providing its local staff and facilities for any programming that the County, schools or community provides. The Company will provide the distribution equipment necessary, such as modulators or receivers. 890531 2 ( 5 ) Rates Basic ( 18 channels) S 15. 95 Per Month Premium (HBO/Disney/Showtime ) : 1 Premium 10. 95 2 Premium 9. 95 ea. 3 Premium 8. 95 ea. Additional Outlets 2. 50 Remote Control Units 3. 00 One-Time Charges: Connection 25. 00 Added Outlet Connection 15. 00 ea. Converter Deposit 20. 00 Miscellaneous at time and materials Motel/Hotel/Commercial variable Pay-Per-View/Special Events variable (6 ) Company Structure James Cable Partners, L.P. is a Delaware Limited Partnership. qualified to do business in the state of Colorado. (d) Ownership The full ownership of the system and its facilities is: 100% James Cable Partners, L.P. (7 ) Applicant See attached "Background" . Relationships (8) Franchises See attached "Subscribers" . ( 9) Audited See attached "Background" . Financial ( 10 ) Technical Description The System will be 36 Channel Capacity, 2-way capable, 330MHz with the future expansion possibility of 50 Channels and 450 MHz. It will operate from its main headend facility located in the River Valley Mobile Home Park in Del Camino at the Junction of Hwy. 119 and I-25. The System will run 24 hours a day, and although no studio equipment will be available, the County, School District or members of the local community may use the allotted system facilities at any time with reasonable notice. 8903t 1 3 • • ( 11 ) Technical Staff The Senior Technical Staff Statement Statement as to the System' s compliance with this Ordinance is hereby attached. ( 12 ) Franchises See attached "Subscribers" . Held ( 13) Statement The applicant, nor none of its officers or directors, has, in the past, been convicted of a felony. ( 14 ) Experience See attached "Background" and "Subscribers" . ( 15) Renewal Does not apply. ( 16 ) System (see attached map) Boundaries Del Camino area at Hwy 119 & I-25 then east along Hwy 119 to Enchanted Hills and Casa Grande Estates. These are the primary areas we wish to serve now. However, we will be applying for the Mead franchise and if we receive it we will want to serve the outlying area along with the areas needed to get there with our lines. We also would like to serve a few scattered areas within the County once we complete our feasibility studies. We will serve the residents within the system boundaries in accordance with the guidelines setforth in the franchise ordinance under the "DEFINITIONS" SECTION item "T" page 5 . 8905f1 4 • • CHANNEL LINEUP CH CALL LETTERS ORIGIN TYPE 2 KWGN DENVER IND 3 CVN NATIONAL CABLE 4 KCNC DENVER NBC 5 MTV NATIONAL CABLE 6 KRMA DENVER PBS 7 KMGH DENVER CBS 8 ESPN NATIONAL CABLE 9 KUSA DENVER ABC 10 LOCAL COMMUNITY/GOVT. /SCHOOL 11 HBO PREMIUM CHANNEL 12 KBDI BROOMFIELD PBS 13 KDVR DENVER INDEPENDENT 14 SHOWTIME PREMIUM CHANNEL 15 NICKELODEON NATIONAL CABLE 16 WTBS NATIONAL CABLE 17 DISCOVERY NATIONAL CABLE 18 ARTS & ENT. NATIONAL CABLE 19 DISNEY PREMIUM CHANNEL 20 KTVD DENVER INDEPENDENT 21 SHOWTIME PREMIUM CHANNEL 22 WGN NATIONAL CABLE 23 VH1 NATIONAL CABLE 31 CNN NATIONAL CABLE 8905C1 5 I MAY 26, 1989 TO WHOM IT MAY CONCERN: I, Robert Thomas O 'Brien, in my position as Operations Manager and the senior technical consultant for James Cable Partners, L. P. do hereby state that I have reviewed Weld County Ordinance # 94, # 94A and # 94B in their entirety. I hereby declare that James Cable Partners, L. P. ' s planned cable system (network) will meet all requirements set forth in the above stated ordinances. Robert T. O'Brien Technical Consultant James Cable Partners, L.P. 89051)1 6 • • AMENDMENT TO WELD COUNTY CABLE TELEVISION APPLICATION Officers And Directors: See attached "Background" . 6 (d) Ownership The System will be owned 100% by James Cable Partners, L. P. 710 N Woodward Ave. Suite 180 Bloomfield Hills, MI 48013 Ph. ( 313) 647-1080 Local Office The System's local office is located within the required 30 miles from the system and its address is: 113 S . College Fort Collins, CO Ph. ( 303) 224-3325 Toll Free Number The System' s toll free number for subscribers is 678-5244 and will be fully operational before the franchise is approved. 890571 7 r a [loco: 12/13/88 Time: 10:31:49 Page: 1 James Cable Partners, L.P. SUBSCRIBERS 1/88 2/88 3/88 4/88 5/68 6/88 7/88 8/88 9/88 10/88 11/88 12/88 Lk chos 0 8398 8493 8587 8682 8776 8871 8965 9060 9154 9249 9343 awksvll 0 0 0 0 0 3885 3902 3919 3937 3954 3971 3989 G'ville 0 0 0 0 0 6688 6716 6743 6771 6799 6826 6854 Paradigm 0 0 0 0 0 0 0 13913 13961 14008 14055 14103 J'boro 0 0 0 0 0 0 0 0 8590 8645 8701 8756 Eatonton 0 0 0 0 0 0 0 0 0 0 5021 5066 ' Duey Dan 0 0 0 0 0 0 0 400 '401 402 403 404 Forsyth 0 0 0 0 0 0 0 0 0 0 2568 2611 Pltt ter 0 0 0 0 0 0 0 0 0 0 0 9230 Saratoga 0 0 0 0 0 0 0 0 0 0 0 1173 Durant 0 0 0 0 0 0 0 0 0 0 0 0 :nenoke 0 0 0 0 0 0 0 0 0 0 0 0 '-•,nrdr 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 8398 8493 8587 8682 19349 19489 33941 42719 42962 50795 61530 1/89 2/89 3/89 4/89 5/89 6/89 7/09 8/89 9/89 10;89 11/89 12/89 Lk Chas 9438 9531 9626 9721 9815 9910 10005 10099 10194 10289 10383 10478 Hwksvll 4006 4023 4041 4058 4075 4135 4145 4154 4764 4174 4183 4193 O'ville 6881 6909 6937 6964 6992 7043 7066 7090 7113 7736 7159 7183 Paradigm 14150 14198 14245 14293 14340 14387 14435 14524 14564 14604 14644 14683 J'boro 8812 8867 8923 8978 9034 9089 9145 9200 9355 9393 9430 9467 Eatonton 5111 5756 5201 5246 5291 5336 5381 5426 5471 5516 5590 5630 euey Dan 405 407 408 409 410 411 412 414 415 416 417 418 Forsyth 2654 2697 2740 2783 2827 2870 2913 2956 2999 3042 3245 3259 - Pltt Rvr 9240 9249 9258 9268 9277 9287 9296 9306 9315 9324 9334 9367 Saratoga 1178 1183 1187 1192 1197 1201 1206' 1211 1215 7220 1225 1244 Durant 5301 5340 5379 5418 5457 5496 5536 5575 5614 5653 5692 5731 Roanoke 5566 5598 5631 5664 5696 5729 5761 5794 5826 5859 5892 5924 Atexandr 6848 6898 6947 6997 7047 7096 7146 7195 7245 7295 7344 7394 E. Texas 1472 1476 1480 1484 1489 1493 1497 1501 1506 1510 1514 1518 81063 81533 82004 82476 82947 83485 83944 84445 84996 85430 86052 86490 890501 BACKGROUND OF JAMES CABLE PARTNERS, L.P. James Cable Partners, L.P. ( "Partnership" ) is a Delaware limited partnership formed on January 12, 1988 for the purpose of acquiring, owning, controlling and operating cable television systems in the United States. The address of the Partnership is 710 N. Woodward Ave. , Suite 100, Bloomfield Hills, Michigan 48013 . Investors in the Partnership include The Prudential Life Insurance Company of America, State Farm Mutual Automobile Insurance Company, Teachers Insurance & Annuity Association of America and Dysson-Kissner-Moran Corporation. The General Partner of the Partnership is James Communications Partners, a Michigan general partnership formed in December 1987 for the purpose of acting as the general partner of the Partnership, The General Partner is comprised of one Michigan corporation, Jamesco, Inc. , and one individual, C. Timothy trenary. Jamesco, Inc. is wholly-owned by William R. James. Biographies of the principals of the General Partner follow: William R. James, 53, was President and Chief Executive Officer of James Communications, Inc. ( "JCI") In one year, Mr. James built JCI from a start-up company with no subscribers to the nation' s 75th largest cable multiple system operator, with approximately 90, 000 subscribers located in six separate management units. Prior to founding JCI in January 1986, Mr. James was Executive Vice President of Capital Cities Communica- tions, Inc, ( "Capital Cities") and President of its Cable Television Division since 1990. In six years, Mr . James built Capital Cities Cable Television Division from a start-up operation to the nation' s 20th largest multiple system operator, with 380,000 subscribers in 55 systems located in 16 states. In 1985, Capital Cities Cable Television Division had annual revenues of $84,580,000 and operating cash flow of $38,500,000. From 1969 to 1980, Mr. James was Vice President and General Manager of Capital Cities' most profitable radio station, WJR in Detroit. During this time, Mr. James also operated other Capital Cities Businesses. He was President and Publisher of the Oakland Press, Pontiac, Michigan; President of Fairchild Publications ; Chairman and Chief Executive Officer of Flambeau Paper Co. ; and President of Screenvision, Inc. Prior to joining Capital Cities, Mr. James was a partner at Touche, Ross & Co. , in charge of national YY 89®5 "1 • • manufacturing consulting. He was employed by Touche Ross from 1962 to 1969 . From 1960 to 1962, he was plant manager of the N.A. Woodworth Co. , Ferndale, Michigan, and from 1955 to 1956 was an engine designer with Ford Motor Company. Mr. James has an MBA degree from Harvard University Graduate School of Business Administration and a BS degree in Mechanical Engineering from Princeton University. C. Timothy Trenary, 31, was Vice President, Finance of James Communications, Inc. and was responsible for the Company' s financial matters . Mr. Trenary formerly served art 0peLalxvun Mauayel , Northern Region for Post-Newsweek Cable, Inc. (a Division of The Washington Post Company) . In this position, he was responsible for all operations matters, financial, budget and forecasting activities of the Northern Region, which encompasses 100,000 subscribers. Prior to this, Mr. Trenary served in the same position at Capital Cities Cable, which sold its cable television systems to The Washington Post Company. His career at Capital Cities Cable began in 1981 as Accounting Supervisor responsible for all accounting activi- ties. Mr. Trenary then became Manager of Financial Controls and developed, implemented and monitored the Company' s systems of internal accounting control and management information systems. These systems are presently used by JCI . Previously, Mr. Trenary was Staff Auditor at Arthur Young & Company in Detroit. Mr. Trenary hat a BA degree in Accounting from Michigan State University and an MBA degree from the University of Detroit. Mr. Trenary is a Certified Public Accountant. The Partnership is represented by the law firm of Miller, Canfield, Paddock and Stone, 1400 N. Woodward Ave. , Suite 100, P.O. Box 2014, Bloomfield Hills, Michigan 48303-2014 and the accounting firm of Touche, Ross & Co. January 1,1989 43915-0001 BJGT0364 -2- 890501 _ _.. LIABILITIES AND PARTNERS' EQUITY CURRENT LIABILITIES: Notes payable (Note D) $ 1,750,000 _ Accounts payable 1,534,056 Accrued expenses (Note G) 1,503,098 Unearned revenue 1,233,579 Subscriber deposits 129,365 Current portion of long-term debt 2,324 TOTAL CURRENT LIABILITIES $ 6,152,422 LONG-TERM DEBT (Note E) 55,525,564 COMMITMENTS AND CONTINGENCIES (Notes A and F) PARTNERS' EQUITY 66,825,647 TOTAL LIABILITIES AND PARTNERS' EQUITY $128,503,633 See notes to financial statements. 590501 I 'thiw le Ross JAMES CABLE PARTNERS, L.P. (a Delaware limited partnership) BALANCE SHEET December 31, 1988 ASSETS (Note E) URRENT ASSETS: Cash and cash equivalents $ 9,371,368 Accounts receivable: Subscribers (net of allowance for doubtful accounts of $329,000) 1,218,678 Other 521,435 Prep;id expenses 81,609 TOTAL CURRENT ASSETS $ 11,193,090 ROPERTY, PLANT, AND EQUIPMENT: Cable television distribution systems and equipment $ 38,978,939 Land and land improvements 181,004 Buildings and building improvements 580,271 Office furniture and fixtures 400,507 Vehicles 902,798 $ 41,043,519 • Less accumulated depreciation (5,662,785) $ 35,380,734 INTANGIBLE ASSETS (Note C) 81,659,320 )EPOSITS (Note F) 270,489 TOTAL ASSETS $128,503,633 ca • -2- 8905:^1 • • 5/31/89 COPY OF NOTICE MAILED FIRST CLASS TO: BOARD OF COUNTY 00114ISSIONERS WEIR COUN'T'Y COLORADO P. 0. BOX 758 GREY, COLORADO 80632 ROBERT J. BRINEY CHARTWELL CABLE 125 CRESTRIDCE FORT COLLINS, CO 80525 890501 A. m .- a N m s a vino - wwC' a J &Sea\ S O ° W ..7 'L d Y U v a yN V ) M aG S86L ounr •00817 w,od Sd p b 1 is g Id i n in Izi,\ . 000 I li. i ..._ ea , j t --I 1) a p W in Nji 4 yt aiCCO we, a. f ww �� fin a C �_'�3' eq .! I i l'i ,'-] 4 ad a w ; SY- S F 8 bII 1 '' en fi/8 .dE .; x six ox Jct.?/ 2 8905"i RESOLUTION RE: REGULATING, WARNING AND GUIDING TRAFFIC DURING THE TEMPORARY CLOSURE OF WELD COUNTY ROAD 36 BETWEEN WELD COUNTY ROADS 3 AND 5 TO BE REOPENED JUNE 12 , 1989, FOR IRRIGATION LINE CROSSING WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Rome Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, pursuant to Section 42-4-410 (6) (a) , CRS: " . . . local authorities, with their respective jurisdiction, may for the purpose of road construction and maintenance, temporarily close to through traffic or to all vehicular traffic any highway or portion thereof for a period not to exceed a specified number of work days for project completion and shall , in conjunction with any such road closure establish appropriate detours or provide for an alternative routing or the traffic affected. . . " , and WHEREAS , the Board, pursuant to said statute and upon the basis of traffic and personal investigations, has determined that conditions exist which make it necessary to temporarily close to through traffic and to regulate, warn and guide vehicular traffic on said County roads by posting signs thereon. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, deems it necessary to regulate , warn and guide vehicular traffic on County roads and anv intersections thereof, and it hereby authorizes and orders the posting of such traffic control devices as shall be reasonably necessary to regulate, warn and/or guide traffic thereon for the safety of the general public and that said traffic control devices shall conform to the Federal Manual on Uniform Traffic Control Devices. BE IT FURTHER RESOLVED that the Board of County Commissioners of Weld County, Colorado, does declare and establish that Weld County Road 36 between Weld County Roads 3 and 6 be temporarily closed, with said closure being effective June 9 , 1989, to be reopened June 12, 1989 , and further, that standard official traffic control devices shall he erected at said closure giving notice of the restrictions. �, /7 / 890503 I Page 2 RE: TEMPORARY CLOSURE - WCR 36 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of June, A .D. , 1989 , nunc pro tunc June 9, 1989 . �� -'& • BOARD OF COUNTY COMMISSIONERS ATTEST: ‘elli L(/wv�fr AIA, 4;0 WELD COUNTY, COLORADO Weld County eierk and Recorder G //• and Clerk to the Poard C.W. K irbyf Cha' man A&: \J,7 o, ac e e h son, Pro-Tem }Deputy County erk APPROVED AS TO FORM: Gene P. ra nor George Kenn y 07- Le" County Attorney Gor t 890503 fa'!' , ME(�1ORAI1DUf�l �� WI`� �e Clerk to the Board June 9, 1989 1 To George Goodell, Director o£ Road Band Bridge ( / COLORADO From Road Closure Subject The following road was closed June 9, 1989 by the Soil Conservation Service. It should be reopened by June 12, 1989. This is for your information only, no action is needed. WCR 36 between WCR 3 & WCR 5 \ wC W GG/mw:frc xc: Commissioner Lacy Weld County Dispatch Weld County Sheriff's Office WCR 3 WCR 5 WCR 36 890503 On r ri.OLAVI AA Caatt r- Law e'nWwn o o " i.tare . lanes" RECEIVED CAN:YA(I^.r' DIV;UQN MAY 08 AGREEMENT FOR THE SAMPLING AND ANALYSIS OF DRINKING WATER q pn'?qrrY Rrgiln R p BY THE WELD COUNTY HEALTH DEPARTMENT AGREEMENT entered into on this ?' day of , 19 99 , by and between the RURAL ENTERTAINMENT CENTER dba/R.E.C. LAKES & CAFE, herein the "System", which includes Suppliers and Permittees as defined in Weld County Ordinance //60B and the County of Weld, State of Colorado, by and through the Board of County Commissioners on behalf of the Weld County Health Department for the Sampling and Analysis of Drinking Water. The "System" supplies _5t persons with Drinking Water. I. AUTHORIZATION TO ACT The "System" hereby authorizes the Weld County Health Department to perform the services listed in this Agreement and in Weld County Ordinance WE, Testing of Drinking Water and Pollution Discharge, which is incorporated herein by reference, on behalf of the "System". Weld County Health Department shall act as an independent contractor in relation to the "System" in the performance of its duties under this Agreement. II. TERM OF AGREEMENT This Agreement shall become effective on January 1, 1989, and shall remain in full force and effective until December 31, 1989. III. SERVICES TO BE PROVIDED BY WELD COUNTY HEALTH DEPARTMENT Type of Test Contracted No. of Samples Contracted Fee Bacteriological 1 per quarter $ 15.00/Orcly (Total Coliform) Annual Total Samples: 4 per year TOTAL ANNUAL CONTRACT: $ 60.00 . -2- The methods used by the Weld County Health Department in providing said services shall be in accordance with Section I(B) of the Weld County Ordinance #60B. Weld County Health Department shall provide further services as mutually agreed upon by the Weld County Health Department and the "System". IV. OBLIGATIONS OF THE "SYSTEM" The "System" shall have the obligations as set forth in Section II(C) of Weld County Ordinance 1/608. The "System" shall pay for the services rendered by the Weld County Health Department according to the contracted amount. Payment shall be in four (4) equal installments which will be due on the last day of each quarter; i.e. March 31, June 30, September 30, and December 31, 1989. BY: /7/4,e, BY: � Boaiamaot "System"Cou Chairman W Weld County, Colorado TITLE OF AUT TY: 7-/Qcse,inet Xu114 ATTEST: ✓cv� Cucti0 „J Weld Cou Clerk and Recorder and Clerk to the Board PBX; n C:41Snv 1 fii�eA Deouty County Cler RECEIVED A ' APR 21 i9S9 AGREEMENT FOR THE SAMPLING AND ANALYSIS OF POLLUTANT DISCHAR [D C''_• ;? : E„i�( C2r"1. BY THE WELD COUNTY HEALTH DEPARTMENT Agreement entered into on this 19th day of June , 1989 , by and between FARR FEEDERS, herein the S�ystem", which includes Suppliers and Permittees as defined in Weld County Ordinance #60B and the County of Weld, State of Colorado, by and through the Beard of County Commissioners on behalf of the Weld County Health Department for the Sampling and Analysis of Pollutant Discharge. I. AUTHORIZATION TO ACT The "System" hereby authorizes the Weld County Health Department to perform the services listed in this Agreement and in Weld County Ordinance #60B, Testing of Drinking Water and Pollution Discharge, which is incorporated herein by reference, on behalf of the "System". Weld County Health Department shall act as an independent contractor in relation to the "System" in the performance of its duties under this Agreement. II. TERM OF AGREEMENT This Agreement shall become effective on June 13, 1989 and shall remain in full force and effective until December 31, 1989. III. SERVICES TO BE PROVIDED BY WELD COUNTY HEALTH DEPARTMENT Type of Test Contracted No. of Samples Contracted Fee Monthly as submitted Effluent pH $ 1.05/ea Oil & Crease Chemical 31.70/ea Total Monthly $ 32.75 Quarterly Total Suspended Solids $ 10.90/ea Fecal Coliform 19.20/ea Total Quarterly , 3�0.10 The methods used by the Weld County Health Department in providing said services shall be it accordance with Section II(B) of the Weld County Ordinance #608. Weld County Health Department shall provide further services as mutually agreed upon by the Weld County Health Department and the "System". IV, OBLIGATIONS OF THE "SYSTEM" The "System" shall have the obligations as set forth in Section II(B) of Weld County Ordinance #60B. The "System" shall pay for the services rendered by the Weld County Health Department according to the contracted amount. Payment shall be in four (4) equal installments which will he due on the last ' day of each quarter; i.e. March 31, June 30, September 30, and December 31, 1989. BY: CF, ��e / ystem/ BY: �10. airman • Board of County Commissioners Weld County, Colorado TITLE OF AUTHORITY: ‘710. y :��.J ere Jai.. Mc AAeSa- _I�eu, ATTEST; PARR - FEEDERS Weld Cou ty Clerk and Recorder and Clerk to the Board c. qv ii.leitefeii puty County Cleat` Atilt mEmoRnn®U WineTo Tommie, Clerk to the Board Dee June 12, 1989 COLORADO From Bev Schildmeier, Health Department 1989 Water Contracts Subject. Please put these on the agenda for June 19, 1989. Wes would be able to attend for the presentation to the Board. Please let myself or Wes Potter know if there is a change in the date. Thank you. Act(14:) mEmORAnDUm C. W. Kirby, Chairman illille To Board of County Commissioners o,,, June 19, 1989 COLORADO From Walter J. Speckman, Executive Director, Human Resources Gda� � s�bw�c: 1939 Head Start Supplemental Grant Application Enclosed for Board approval is the PY '89 Head Start Supplemental Grant application. The Weld County Division of Human Resources' Head Start Program has been notified by the Department of Health and Human Services that it has been awarded S838,43 to be spent on curriculum enrichment material and travel for fire safety training for Head Start children. This supplemental grant will coincide with the Head Start Basic Grant period, which is from January 1, 1989 through December 31, 1989. If you have any questions, � r » please telephone me at 353-3816. 'w M' ,,,,,,,,,,,,r4",,,,, , +r'>Wy� 'VF'J.f�„, =in"� "" "fit? Id ,�'1/47 yl4f n'May `+S �,c'i,,, r if i1 4 "` �,,,, ',sax% 'YMWdw re '', ,,, �,.,*fir,;. , J., ,,` t 'A '�, h ,rw 'w,r4�,,, ;:a+. f d ' ? ', '.t7; v y`;'.ymti'4y� ,,�r *a' F iry Aw",4 M^T::'` R 4/44SNa)/4:4f`SV'"""'4.., n�a k "` ;` • y��r�, }` .j'.:, 1:..:• h 1,� 4. } To, Clerk"to the Board" Jeannie Tacker RE, '1.989Head.Start: Supplemental Grant:Appltcatlon. Enclosed for signature are-five (5) ` copies of this grant, please return'. four`,{41 of• them once they:are signed. ..-47-1, If'.you have any questions, please telephone, me at 353-3816. %r,� 89.^,5)9 s S2,"., ._,..r,.4..... .� , -� - .• OMB Approval Na 0346.0006 STATE a NUMBER FEDERAL ASSISTANCE 2.cA ws PPU- `""MAR 3.AAPRS.. CATION ,.TYPE CATION 08CH0019/16 l0 m OF Q 7tODCE aF INTENT(OPnONAy Wah a wTE b. DATE FIER SUBMISSIONia PREAPPUCAYION FTETI Year mad day ASSIGNED Yam '-m day me (Mark Nmom= A'eyeate APPLICATION 19 89 06 12 'r'TA7E 19 ball lave Mask 4. LEGAL APPLICANT/RECIPIENT S. EMPLOYER IDENTIFICATION NUMBER(EM) 0 Applicant Name Weld County Division of Human Resources 84-6000813 b.Oi aSretion Wit . Weld County Head Start Program a a Street/P.O.Boa P.O. Box 1805 aO- a NUMBER Ii 131 . 16101 01 d.City Greeley a.County Weld (From rfD�) I.State Colorado civics. 80632 MULTIPLE h.Coated)Prson(Name Mr. Walter J. Speckman, Executive Director b. TITLE Child Development a Telephone Nb) (303) 353-3816 Head Start 7. TOLE OF AccoucANrs PROJECT(Use section N of this forma provide a ewlewY deeabual of the w6oushenw Cows `, TYPEeurm OF APPUCANT/�REd -. 11-CYa y._____ Arks e+.++. .mow ee ami.view E vane. . Liiw,ew 0-a more 4-04‘s NeaHt D 1989 Head Start Supplemental Grant for (-w, Yam.0EMa fire safety training Eyre argyle,'artern 9. AREA OF PROJECT IMPACT(Noma af eta~Idea Ira wed I0.ESTIMATED NUMBER It.TYPE OF ASSISTANCE OF PERSONS BENEFITING II-Ilamilmer tea E° 'a Weld County 265 `6" tom. Fri 14.TYPE OF APPLICATION .y' 12. PROPOSED FUNDING I13. OONGRESSIQVAL DISTRICTS OF: A4e Caileaail sreiw..en a FEDERAL s 838.43 .Op" a APPLICANT b. PROJECT e+. t 0-CePwides F...eAPwrnle ar,e. b.APPLICANT 2n9_fif1 .00 4 County-Wide 17,TYPE OF CHANGE ner r4 r brIl •r'*�0.a.. ,-0w.ISynt/rl• c.STATE .00 IS. PROJECT START 16, PROJECT e-aepanoWen Fr.s..0 0a.en 0.LOCAL DATE year month day DURATION e.Onam 1f89 01 0 1 12 manta EIII..,..-- a.OTHER .00,16. DATE DUE TO her math day Nanny.) 1A I I i I. Total 51 ndR (fl .00 FEDERAL AGENCY m 19 — '9. FEDERAL AGENCY TO RECEIVE REQUEST Health & Human Services 20,EXISTING FEDERAL GRANT IDENTIFICATION NUMBER a. ORGANIZATIONAL UNIT(IF APPROPRIATE) b.ADMINISTRATIVE CONTACT(IF KNOWN) Office of Humat t•vejopment Services 08CH0019/16 c-liqjfer1i 8, Federal Building 21. REMARKSAO0ED 1961 Stout Street Denver, CO 8(1294 ❑ yes END t n. To the best of my knowledge end belief. a YES.THIS NOTICE OF INTENT/PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE 4 THE data in en preopplyd nlapPliCa60^ EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: APPLICANT we DVe and correct the document has CERTIFIES been duly eutho&ed by Me 00es7ip DATE - THAT*. body o rKaand Ns eppnt the eppliOsil ,yam ,1G, win comply with the attached assurances b.NO,PROGRAM IS NOT COVERED BY CO.12372 CJ '�' it the assistance is wooed. OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR RENEW 0 6 23. S. TYPO AN TITLE b. SIGNATURE CERTIFYING L.W. M1l rDy, Ch airman ,,y 51 SEPTA- Weld County Board of Commissioners `i//� SENTATIVE 24. APPLICA• Year math day �25. FEDERAL APPLICATION IDENTIFICATION NUMBER 26. F DERAL GRANT IDENTIFICATION TION RECEIVED 19 27. ACTION TAKEN i28. FUNDING Feat meth day 30. Year math date STARTING O a. AWARDED 29. ACTION DATE 19 DATE 19 1 O 0. REJECTED a a FEDERAL $ .00 31. CONTACT FOR ADDITIONAL INFORMA- 32. Year swath date 4- 0 c.RETURNED FOR TION(Name cud teiai$ a amber) ENDING 14 AMENDMENT b. APPLICANT .00 DATE 19 i O d. RETURNED FOR c STATE AO 33. REMARKS AWED E.O.12372 SUBMISSION j-,t..1 BY APPLICANT TO U. LOCAL .00 y( STATE O e. DEFERRED e. OTHER .00 D I, WITHDRAWN I. TOTAL S .00 O Yes O NO ISSN 7540-01-008-0152 424-103 83059 STANDARD FORM -0 424 PAGE 1(Rev.44) PREVIOUS EDITION Prernb d by ONM Gorier A-/07 IS NOT USABLE • Oa NO.051141006 PART IR-BUDGET INFORMATION SECTION A-BUDGET SUMMARY Gr Fd ram, Federal Estknated Unobupeted Funds New or Revised Budget unction or Activity Catalog No. Federal Nonfederal Federal Nonfederal Total (a) (b) (c) (d) (e) (0 1. Pt 22 1'i Ann $ $ $ 838.43 $ 209.60 $ 1,048.03 2. 3. 4. S. TOTALS S ' S $ 838_43 - $ 209,60 $ 1,048.03 SECTION B-BUDGET CATEGORIES Grant Program.Function or Activity 6. Object Class Categories Total (t) PA 22 (2) (3) ) (5) a. Personnel S S S S S b. Fringe Benefits c. Travel 22.50 0 0. Equipment e. Supplies f. Contractual g. Construction h. Other $15.93 815.93 i. Total Direct Charges 1.048 03 _ 1 ,042 n3 j. Indirect Charges k. TOTALS S 1,04843 $ $ S S 1 n48 03 7. Program Income S S $ S $ 8905C9 Supplemental Grant Application Narrative The Weld County Division of Human Resources' Head Start Program is applying for 5815.93 for materials and 522.50 for travel for the special fire safety training activities being made available to grantees of Region VIII. 8905^9 PART 11 Ome NO'°"1a40 s PROJECT APPROVAL INFORMATION Item I. Does This assistance request require Name of Governing Body_ State, IOCal regional, or other priority rming? Priority Rating Yes No Item 2. odes this assistance request require State,or local Name of Agency or advisory, educational or health clearances? Board _Yes .No (Attach Documentation) Item 3.owes t rhis assistance request require State, local, Name i Approvin Agency regional or other planning approval? pate An Yes No (tern 4. Is the proposed project covered by an approved camera- Check one: State 0 hensive plan? Local O Regional ❑ Yes No Location of Plan Item 5. Will the assistance requested serve a Federal Name of Federal Installation installation? Yes��No Federal Population benefiting from Project Item 6. Will the assistance requested be on Federal land or Name of Federal Installation installation? Location of Federal Land Yes._X No Percent of Project Item 7, Will the assistance requested have an impact or effect See instructions for additional information to be on the environment provided. Yes X NO Item 8. Number of: ilV�i l the assistance requested cause the displacement Individuals of individuals, families, businesses, or farms? Families Businesses Yes X No Farms Item 9, is is there other related assistance on this project previous, See instructions for additional information to be pending,or anticipated provided. ,_Yes Y NO 8905^9 % MEfnORAflDUfn C. W. Kirby, Chairman 1 I. Board of County Commissioners Date_ June 19, 1989 COLORADO Walter J. Speckman, Executive Director, Human Resources / ate° Purchase of Services Agreements with Larimer County Sublet'. Enclosed for Board approval are two (2) Purchase of Services Agreements with the Larimer County Board of Commissioners for the Weatherization Program. The agreements establish the terms for Larimer County to follow in providing Weatherization activities in Weld County. The agreements are effective from April 1, 1989 through Mary 31, 1990. During the course of the year, Larimer County will transfer $12,675 to the Weld County Division of Human Resources for costs incurred by the Department in doing outreach, intake, verification of income and eligibility determination for the Weatherization Program. In turn, Weld County will reimburse Larimer County $11,310 for weatherizing 195 homes. This arrangement is necessary in order for Larimer County to tract costs associated with the Weld County operations. In addition, this reduces the amount of staff time spent on this program. This is the same arrangement we have operated for the previous five (5) years. If you have any questions, please telephone me at 353-3816. . y'rL" t�� ♦ Mi M- wtyF.w,. • ,a a , r >rrP r tiTrer [s,t n•p.x 5:144a v le k 'T' S"�l'f�1rp*'4'+F' V k,� * k ,04 .t ti h. `k :r .r `' 1 .'H nv +o-' n M zti A.. �s�` './1*�'o,, , s1*''�°r�' 1. At�. .,Y- x d1�1�d1 ,Kxq.L xr m7F .v+ n tµ .A" ti•M°. : lv ti.A 4 to C1grrk.' to th! card FRS Tacker RBA am of ?Serviced $ plemmtit L ftriintherisition, Enclosed for signature are .four (4) copies •'of this;'Pwrchaae of" ices AgreeMant. c please-return three �of them once they nx- have been #l9nod. Please;jtstephone me at 353-3816 if you r"- : hive any questions. 893508 //r • DATE 6//47g? AP TO FORM PURCHASE OF SERVICES AGREEMENT _ ea'_-Xe."( Assistant County Attorney THIS AGREEMENT, made and entered into this day 1989, by and between the Weld County Board of Commissioners for the Weld County Division of Human Resources, hereinafter referred to as "Weld County, " and the Larimer County Board of Commissioners for the Larimer County Department of Human Development Weatherization Program, hereinafter referred to as "Larimer County. " WITNESSETH: WHEREAS, Larimer County will be providing weatherization activities to low-income individuals in Weld County and Larimer County, and WHEREAS, Larimer County during the past fiscal year has and will continue to provide weatherization in Weld County as a more cost effective and efficient means of providing services to low-income individuals in Weld County, and WHEREAS, Larimer County is desirous of purchasing services from Weld County to aid in providing services to individuals in Weld County. NOW THEREFORE, in consideration of the covenants contained herein, the parties hereto mutually agree as follows: 1 . Weld County agrees to provide outreach, take applications, receive verification of income, determine eligibility for applications for weatherization services in Weld County, and provide liaison activities between the client and Larimer County in accordance with the Department Energy guidelines. Q C 8905e8 2 . Weld County agrees to submit copies of applications and verification of income to Larimer County. A minimum of 195 eligible applications should by submitted. 3 . Larimer County agrees to provide weatherization activities for a minimum of 195 eligible Weld County applicants, in accordance with Department of Energy guidelines. 4 . Larimer County and Weld County agree to designate a contact person for each agency to coordinate providing weatherization services to low-income individuals in Weld County. 5 . Larimer County agrees to provide Weld County with an annual report which will include the costs incurred during the year for all homes completed, the cumulative totals on costs incurred, the total number of homes completed, and the names of all Weld County participant homes completed. 6. Larimer County agrees to reimburse Weld County $ 12,675 for costs incurred by Weld County for the weatherization program. These monies shall be distributed to Weld County in four (4 ) quarterly payments beginning after the end of the first quarter this Agreement is in effect. 7 . The term of this Agreement will be from April 1 , 1989 through March 31 , 19 90 . 8 . This Agreement may be amended or terminated giving thirty ( 30) days written notice to either party. This Agreement will terminate immediately in the event of a loss of funding to the program. 890508 9 . Larimer County agrees that it is an independent contractor and its officers, agents, or employees do not become employees of Weld County, and therefore are not entitled to any employee benefits as Weld County employees , as the result of the execution of this Agreement. Likewise, Weld County agrees that it is an independent contractor and its officers, agents, or employees do not become employees of Larimer County, and therefore are not entitled to any employee benefits as Larimer County employees, as the result of the execution of this Agreement. 10. Larimer County shall provide adequate liability and workers' compensation insurance for all its employees. Larimer County will provide adequate liability insurance for all its volunteers and agents engaged in the performance of this Agreement. 11 . No officer, member, or employee of either Larimer County or Weld County, and no member of their governing bodies, shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. 12 . Lorimer County understands that monitoring and evaluation of the performance of this Agreement shall be conducted by the Weld County Department of Human Resources and the results provided to the Board of Weld County Commissioners . 13 . Larimer County and Weld County assure that they will comply with Title VI of the Civil Rights Act of 1986 and that no person shall , on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under the approved Agreement. 89058 IN WITNESS WHEREOF,the parties hereunto have caused this Agreement to be duly executed as of the day, month, and year first hereinabove set forth. WELD COUNTY BOARD OF COMMISSIONERS LARIMER COUNTY BOARD OF COMMISSIONERS C.W��y , Ch irman Daryle W. Klassen, Chairman ATTEST: `7Vkiw12144n 46.,".) ATTEST: NBY: / BY: WELD COUNTY DIVISION OF HUMAN LARIMER COUNTY DEPARTMENT OF RESOURCES HUMAN DEVELOPMENT Walter J. Speckman Rena Mackrill Executive Director Executive Director 8905.08 4 DATE Og89 APP�VED a +0 FOAM PURCHASE OF SERVICES AGREEMENT -/id Assistant County A;:^rnc. THIS AGREEMENT, made and entered into this day 1989 , by and between the Weld County Board of Commissioners for the Weld County Division of Human Resources, hereinafter referred to as "Weld County, " and the Larimer County Board of Commissioners for the Larimer County Department of Human Development Weatherization Program, hereinafter referred to as "Larimer County. " WITNESSETH: WHEREAS , Larimer County during the past fiscal year has and will continue to provide weatherization in Weld County as a more cost effective and efficient means of providing services to low-income individuals in Weld County. NOW THEREFORE, in consideration of the covenants contained herein, the parties hereto mutually agree as follows: 1 . Larimer County agrees to provide weatherization activities for a minimum of 195 eligible Weld County applicants, in accordance with Department of Energy guidelines. 2 . Larimer County and weld County agree to designate a contact person for each agency to coordinate providing weatherization services to low-income individuals in Weld County. 3 . Larimer County agrees to provide Weld County with an annual report which will include the costs incurred during the year for all homes completed, the cumulative totals on costs incurred, the total number of homes completed, and the names of all Weld County participant homes completed. p 8903cs 4 . Weld County agrees to reimburse Larimer County $ 11,310 representing non-grant reimbursed services rendered by Larimer County for the Weatherization Program. These monies shall be distributed to Larimer County in four (4 ) quarterly payments beginning after the end of the first quarter this Agreement is in effect. 5 . The term of this Agreement will be from April 1 , 19 89 through March 31 , 199° • 6 . This Agreement mty be amended or terminated giving thirty (30) days written notice to either party. This Agreement will terminate immediately in the event of a loss of funding to the program. 7 . Larimer County agrees that it is an independent contractor and its officers, agents, or employees do not become employees of Weld County, and therefore are not entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. Likewise, Weld County agrees that it is an independent contractor and its officers, agents , or employees do not become employees of Larimer County, and therefore are not entitled to any employee benefits as Larimer County employees, as the result of the execution of this Agreement . S . Larimer County shall provide adequate liability and workers' compensation insurance for all its employees. Larimer County will provide adequate liability insurance for all its volunteers and agents engaged in the performance of this Agreement. 9 . No officer, member, or employee of either Larimer County or Weld County, and no member of their governing bodies , shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. 8905.T13 10. Larimer County understands that monitoring and evaluation of the performance of this Agreement shall be conducted by the Weld County Department of Human Resources and the results provided to the Board of Weld County Commissioners. 11 . Larimer County and Weld County assure that they will comply with Title VI of the Civil Rights Act of 1986 and that no person shall , on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under the approved Agreement. IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly executed as of the day, month, and year first hereinabove set forth. WELD COUNTY BOARD OF COMMISSIONERS LARIMER COUNTY BOARD OF COMMISSIONERS C.W Ki�, Cha' man Daryle W. Klassen, Chairman ATTEST: e7172uy4^4 ATTEST: SY-, BY: WELD OUNTY DIVISION OF HUMAN LARIMER COUNTY DEPARTMENT OF RESOURCES HUMAN DEVELOPMENT Wal` r J . Speckman Rena Mackrill Executive Director Executive Director 89©5'x5 flot mEmORAt1DUm C. W. Kirby, Chairman To Board 1 of County Commissioners June 19, 1989 COLORADO From e)a Walter J. Speckman, Executive Director, Human Resources e - Subject Revision to the Area Agency on Aging FY 1989 Annual Budget Enclosed for Board approval is a revision to the Area Agency on Aging FY 1989 Annual Budget. Whereas the original budget was based on projected state and federal allocations under the Older Americans Act, the revision reflects actual allocation and carry forward monies from FY 1988. The overall scope of the budget and funding to individual provider agencies remains unchanged. The revised budget of $461,070 was approved at the regular meeting of the Area Agency on Aging Advisory Board on June 8, 1989. • let* ti a'' n rh. / .t r ay6„,�^, „ r r+ yr to' ~ r°r it"a titi-,41015 w� I air �..�. ,,v."'� Y , Y rte'. June 19, 1989 • - • TO: Clerk to the Board FR: Linda Piper RE: Revision: to the'Area Agency • • on Aging FY. 1989 Annual Budget' .",• 'Enclosed for Signature-are five (5) copies of this revision. Please • return four (4) of ahem once they are signed. Yf" you have-;any questions, .please telephone Linda Piper. at ,363-3816. SECTION C: GRANT APPLICATION TITLE III OLDER AMERICANS ACT 02B-88 (FY-89) II-8 Type of Application Account No. Region No. /-7 Initial Area Agency: Weld County AAA /XW Revision of Application Submitted Grant Application Period: from__J/1/89/1/84 to 12/31/gq TITLE III AWARD REQUEST Potential ) NOGA Award Award Transfer Request Request Admin Carryover $ 2,027 $ 2,027 Adman New Alloc. 33,864 33.864 TOTAL ADMIN. 35.891 3c 891 Part B Carryover 40,2479 40.479 Part B New Alloc 122,690 $ 52.553 _175.243 TOTAL PART B 1A3 1F9 52 cc4 21A 797 Part Cl Carryover 47,326 47,326 Part Cl New Alloc 163,889 (48,553) 115.338 TOTAL PART Cl 211 .215 Las 553) 162 AA9 Part C2 Carryover _ 9.854 9154 Part C2 New Alloc 36.122 (4.000) 39.122 _.,JOTAL PART C? -45,976 (4.000) 41 .976 Part 0 Carryover _ 2,406 2.406 Part D New Alloc 2,413 2.413 TOTAL PART 0 4.819 _s Rig Tot Svc Carryover L07,092 102.099 Tot Svc New Allot 358.978 358.978 TOTAL SERVICES 4A1 070 461 .070 The only entry allowed for service carryover transfer requests is a transfer in of administration carryover. State matching funds must be added to the Federal funds. Part 0 is excluded from all transfers. AAS 200 Page (7/88) 89®5023 • I . Region II-B FY 19 89 REQUEST FOR APPROVAL OF TRANSFER Statement/Justification for the Transfer: Weld County Area Agency on Aging is requesting a transfer of FY '89 C-1 funds in the amount of $48,553 and FY '89 C-2 funds in the amount of $4,000 to the III-B category. We feel this transfer will more fully serve the needs of the aging community of Weld County while providing for the nutritional goals of Weld County Area Agency on Aging Plan. • A summary of public hearing comments with regard to the transfer of funds is included in Attachment Number 2. AASO 205 (6/87) Page 890508 O X IC _0 _ CO ID O) to 01 N CO N r` 0 M e CO 10 0 I-I IA M N C O CO In b' C v U en — en 0 CO e J VY C O 01 Z N as u ccI` J U 0 -J W w • I- < V N ...... Cu N 1.0 O1 01 CIC J N ID N- r-I t, W << N. b en CO ri Cr) _ w _- N C LC) O 0 N --I Q C I 4 w o I W — as © - 4.0 c- UU at < CA') M CO cd N N E E 8 ID O —, a d. U 0 W I I J 1— 0 0 v v — I- in N N W I e en J 4 N I/1NN O N< C N E E C m O O J E L \. F < o IL I` 0 ~ Co CO n - -IH In = 0 re) r", u. In - et L Ift CON C CO L 9 b L N - V nI ..- y b > >v CA - O O-- > L L > O a a O L I- a.- Crl a O m °o N W A IO q ICI U .. . L L L L CV en 7 O O O O N 0.' IV Y.IL I` la CO Cr) 0 Cr (n J J J JQ N JO N • -I 0000 < < a a 0 `O 0 0 I o ~` - II- I- I- .- I - N /7 a890505 /(•�{90 0505 Region II-8 FY 19_8q AREA AGENCY ADMINISTRATION BUDGET Prior Year's Cash In-Kind Total Expenditures ' Budget Budget Budget LINE ITEM BUDGET PERSONNEL $ 25,164 $ 31,869 S 0 S 31.869 _ TRAVEL 3,300 _ 6,400 64(1!1 EQUIPMENT 240 240 OTHER DIRECT 8,431 8,138 8,138 INDIRECT TQTAI �_ 36.R95 46,647 W J c FEDERAL 26,139 35,891 � 15,R91 J w 0 LOCAL 10,756 10.756 _ 10,756 ' Cash only. From the most recent final expenditure report. AASD 220 (6/86) Page 8Q(f 9"508 Region II-B FY 19 Rq TITLE III B SUPPORT SERVICES BUDGET Prior Year' s Cash In-Kind Total Expenditures] Budget Budget Budget LINE ITEM BUDGET AAA EXPENDITURES PERSONNEL $ 41,991 $ 59.500 5 8.790 $68.290 TRAVEL 3,400 7.356 700 8,0.56 EQUIPMENT OTHER DIRECT 12,892 21.353 21 ,151 INDIRECT AAA SUBTOTAL I 58.283 68,209 4,490 197,69S___ CONTRACTUAL Unit cost reimb. 25,019 60,8886,355 67,243 SUBGRANTEE 68,659 72,861 14,783 87,644 TOTAl 151,961 221.958 30.628 252.586 c PROGRAM INCOME 4,493 6,236 6.236 a � .a FED/STATE 147,468 215,722 015.722 O C O � ti LOCAL - - 30.628 30.628 Indicate the percent of the Title III 6 Funds budgeted to be expended in the following priority service categories: Category Percent Access 47% In-home Lqg Legal 164 Other Community Service 18% 1 Cash only. From the most recent final expenditure report. AAS 225 (7/88) Page 890508 rn; In O I • I O If M CD n -' n 3 O n rn�. ago.,W J a E C O rD C 3 U J ._- 0. - y r L. I R 0- VI - < p m e IVIIr)1O 0 rD fh cg ni If. 0. e.J tD ni `c a - =corn 0 o rt x 0 coo x o o � a �' mo ^+ l. o vim -, r- 4 7 � n 3 n O of b n .. XI nnp 0 -+ O c D. O -- = N Z 0 0 a S n 0 a a ^ n a A rD O. Z ID i - '° r- - 7 O. 3 fn co O r. .fl n n a c N O r+ m D r. C 9 O A A 0 Z o 10 . v. .o rD fl N m 0 ' VI r-. ' r< n VI rt in 0 p. ,C y M n C w C rt. .... -.= 0-C in ID r n A CDCD n 0 o b ID-- R C 0 O. J D+ In al m� r. o _ O .-r O• n .,• Cr M9 ,' S b v n in J I]. f"+ O N A .-r rD .a m O (D N O N C 0 v. a a ' < A W 0 rD In 7 .-+ DI o Q in .+ O V ao S C S ON 0 N m m a 0 d g r+ n In O 70 O a A -n C rT t- a rD .0 v. r- A a �. rCDD c r+ r. rD C A O o o m , n n en a if in 0 0 -o rD 0 a 1 C 0 n CA .-. n r. n < 0 ---4 in o. n- O n o n ID D. 0 - 0# ut A n M CD a r r- .+ _.. .. C V+ N rl r A 3 a O or > C-I •_ - - D. C p O {!i _ a �, n A F+ W N b.+ N 0-I O . VI ID N O N a r co rn A n mr C Oo it :D O N O, to a ON - N -I C a - a r, N COO . W W - C11 T O 1 kb r r- -' 7d D n n n) n �I O n v. c en I ID j o b n OP n I z z x' c -c n O — On • W O C) . n rn . 3 A co r.n . ✓. N O m A v. r O o a 0 0 n - rl n rr Cu J T N1 NQ. to -Im -y . 0 I-. IV N r.+ N A 0 •ti �- .-• V 0 A 0 CO --r V 0 "1 n rrl 3 70 A O O O O O O ..- A r- A O s 9 r -...a b rT > 01 .-.r - In in is, z co 0 co 0.v I N --. Co.) N r N 7K A. T m ta (Xi z r -<.0 in1 CV 0 NI N O0% N rn - cr N N W N .+ Ol 'C O 0 0., III CAC, I -n •oD w IA v w �m..cx. 0C. aVI Crl 0 • Nom~ et -. -s a -I CM b �pp V✓ N •co rD C. V SI-4—I CD ell eZ) CI C) PI 44 O ..,S y <D co -t ret m I , � � I 0 CI ,i inJ � o 3 E I J s x z ,� m m 0 44 en > m 0 PI X JO o 1011010 O 0. 1 0. 0. a n.O a r m- r, o o fD flD 033 m N -n CO O OO N o C C J7 T +J. \ O a -n a a a J 3 1'h rt 3 et 0 v n LO n a CC 0 �G tC 'CC• Z a• O C D. O - •- 0 D D n C. A ID ,r,.-- r-. ti m r = .. N y el a CO T 0 CV .. CD YY C m n 3 n SJ O IO .* N .0 3 N N N < l ' rt n 0 Je C ti ti n 'D r. N A O-t O —'0 m v 3 Co m r n —p 0. I m e+ i d C N < Cc r n O r � p 0— n N 3 O. N W C CD m ' m.o m fn. n. (O N P'S fD N 00 N 0. a .< N C N T S •-•T 4-) d O.D• r .. C •C O (t)r A 3 Cii CO 0 OS D' 3 x 3 C o D. — a 0 a a in 0 N — N er A CD A • m C a aOD n n 3 m O o 3 3 O Man M O < ..-..a n ca. 0 —a n O m O •r-. Crin CD -. �-4, T PY — 3 l — m -DO ran 0. CI-Cr } Yr W C OD-+ ^ a- N -) A F/� 0 O -.4 ••—s'C N - O-1 J •-4 m v CD a n C)r FS n _r. WIWi N1 N ONC O+ -.rn r C co! .. 0. L7 44 T � rn W m C� i 1.0 d W W N) (w1 01 3o— m � ' �. r '.0 . O. 0 W O - n I I N Ce, '. I I .-• n) z OD z v. O„ . < '-< 0 00 . n ...n , , fn Co m . N v• N 0 V eV 2 C 0. W CO N N O' in •0 T CO W (.Ti Y•.^. n .t a - -10 • 3 — b et 4‘f• vl m N p -(m co o rn N) N a � O b fr (T CO m m I� a O .0 or 4.71 N 01 w N IN (T f-• N) a CO O r A O In o . 2 r r .. a ro On b tn. •-•r CO CI ID CO i fn Cr. 0 W N co N V 7C -CN v N .4 r r W 01 W CO N) W On 0 -.o 0:* OWi O a O 0W1 On 0 -0 o v 3 OD CD O t....r © T 1 ma CO c m y imo 2 • A O t)I.-1 ti In M Region 1I_R • FY 19 89 TIME III NUTRITION BUDGET PROVIDER NAME: Weld County AAA C-1 /r27 CONGREGATE MEALS C-2 // HOME-DELIVERED CONTRACT PERIOO: 1/1/89_ to 12/31/89 MEALS I A B C 0 E FEDERAL/STATE/LOCAL PROGRAM INCOME GRAND TOTAL 4 Cash In-Kind Total (C + 0) LINE ITEM BUDGET (A . B) RAW FOOD LESS USDA CASH 22,377 ' 22,377 (22,377) PERSONNEL 43 739 15,238 58,977 58,977 TRAVEL • I 7 500 2 838 10,338 10,338 EIUIPMENT 8.8 I 868 I 868 OTHER DIRECT . 8 38,658 INDIRECT I CONTRACTUAL(unit cost reimb) 94,274 I 94,274 74,790 169,064 / 7 s a .^ 162 662 I 18,076 180,738 I 74,790 255,528 o PROGRAM INCOME �� .►�� 74,790 74,790 .; FED/STATE 162,662 _ 162,662 162,662 a0 "c3/4 LOCAL 18,076 18,076 a 18,076 ANTICIPATED U.S.D.A. CASH PAYMENT (either C-1 or C-2 as appropriate) : Total Number of Eligible Meals (either C-1 or C-2) 62,849 U.S.D.A. Entitlement/Meal X .5676 Estimated U.S.D.A. Revenue - 35,673• Less: Fixed Commodity Allotments 13.296 Estimated U.S.D.A. Cash Payment2 22,377 PRODUCTIVITY FACTOR (Meals/Fed/State 3) 391 UNIT COST REIMBURSEMENT RATE (for unit cost contracts only 2.69 1 If actual value is unknown, use FY 1987 fixed commodities allotment. 2 Enter this amount on the "Less USDA" budget line. ♦ If program income is to be used to fund services other than meals, nutrition education or outreach, additional budget pages must be completed. Contact the AAS for the necessary forms. AAS 240 (7/88) Page 8905C8 Region II-8 FY 19 84 TITLE III NUTRITION BUDGET ( PROVIDER NAME: Meals on Wheels/ Weld Co. AAA C-1 / / CONGREGATE MEALS C-2 XX% HOME-DELIVERED CONTRACT PERIOD: 1/1/89 to 12/31/89 MEALS A 8 C 0 E FEDERAL/STATE/LOCAL PROGRAM INCOME GRAND TOTAL I ♦ Cash In-Kind Total (C . 0) LINE ITEM BUDGET (A . 8) RAW FOOD LESS USDA CASH '17,989) <:: (17,989) (17,989) PERSONNEL 3,179 5,109 8,288 8,288 TRAVEL • 500 500 500 EQUIPMENT OTHER DIRECT 3,48Q 3,480 3,480 INDIRECT `_ CONTRACTUAL(unit cos. reimb) 52,806 152,806 34,137 86,943 TOTAL BUDGET 41,976 5,109 47,085 I 34,137 81,222 w <PROGRAM INCOME > 34,137 34,137 `. FED/STATE 41,976 41,976 41,976 PC 00 '14- LOCAL 5,109 5,109 5,109 ANTICIPATED U.S.D.A. CASH PAYMENT (either C-1 or C-2 as appropriate) : Total Number of Eligible Meals (either C-1 or C-2) 31 .698 U.S.D.A. Entitlement/Meal x .5676 Estimated U.S.D.A. Revenue 77_484 Less: Fixed Commodity Allotment) Estimated U.S.D.A. Cash Payment2 - 17,-q°9 PRODUCTIVITY FACTOR (Meals/Fed/State S) 76% UNIT COST REIMBURSEMENT RATE (for unit cost contracts only 2.15/2.37/2.69 7 If actual value is unknown, use FY 1987 fixed commodities allotment. 2 Enter this amount on the "Less USDA" budget line. ♦ If program income is to be used to fund services other than meals, nutrition education or outreach, additional budget pages must be completed. C Contact the AAS for the necessary forms. AAS 240 (7/88) Page 8905 D"8 • Region FY 1989 II4 TITLE III D SUPPORT SERVICES BUDGET Prior Year's Cash In-Kind Total Expenditures1 Budget Budget Budget LINE ITEM BUDGET AAA EXPENDITURES PERSONNEL TRAVEL EQUIPMENT OTHER DIRECT INDIRECT AAA SUBTOTAL 0 CONTRACTUAL Unit cost reimb. $ 4,819 S 536 S 5,355 • K SUBGRANTEE TOTAL 0 4,819 536 5,355 `o PROGRAM INCOME FED/STATE - 4,819 4,819 " `` LOCAL 536 536 1 Cash only. From the most recent final expenditure report . AAS 275 (7/88) Page __ • 890508 W - O a L. L V Z S CO 1 0 cc r r in CO CO .••. 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C VI WIT. 1i•1 l0 M M Cr) M0 N al CO V 0 1.0 VII LO .r tt) N 0' AA VD N M CO N 0 CO C C7 J t+ u^ "'� '0 V' V CO Cu O) •• L0 to in `.1...., vH Of CO "$ Cr Cu tp CO Cu It) 'N CT N V O O .2{I Cu "+ Cu Cr) Cu r•• M t+) Cu 60 O Cr I- La) N in 6 a X tn. C I C'v W' O T .1.+ .� • A W h O U C N t- fn x.-•. V to C 5- C QQ w 4 O F- a) Q T • Nor 0zj U S.. 3C ...} -a- .C 0 V I E1I OI C 0 0 0 a S 'O$ c re t..) dl (-) U U V x } W •o I I. al C CC ^I V Z U V V 'O '0 U 9 {{O ` V a0) 0) C = I SI 3 U c W x 3 O N1 N AY VI. -! I VI v O > >) C .•. W. F- 5.. r cu 0 C CC •"•1 N V) C H .�W D. 0 :.ACC 01 i u 0. �yy I ++ .)y }.. O a U 4-' O •C- C 9C� ... Wm -C .C 3 +r N CI E I a ;L . 42 Y N .O in JA C, C N C 0 V V 10 VI H r x ) 0 00 0 CU to V C0 G 'C •0 C 1 2 cc $90508 C 0) • N ti ru C) b 5.- 0. d 3 0) in V • x 0 J I- d C d ' v a a 2 • • . AAA ANNUAL PLAN REVISION:rr•'a•;, :.; Grantee/Area Agency: Weld rnunty Area Agenry nn Aging Grant period: 111184 to 121311J9 Revision #: L _ Date of Revision: pay IQR9 1 . Revision Requested (please attach AAS 480) L/ Change in scope of plan (include applicable forms) /i Change in goal (AAS 110) L / Change in objectives under any goal (AAS 110) J I 15% or more change in projected units of service or clients per category (AAS 117, 118, 199, 236 as needed) 1 Change in funding level (200, 210, 220, 225, 235, 240) LA/ Transfer of funds (AAS 205) !/ Request for approval of Proposed Equipment Expenditure (please attach) 2. Summary of anticipated impact of revision changes (additional rages may be attached) The impact of this revision should be to increase outreach, case management; and rural transportation services to the elderly. 3. / / Summary of proposed equipment request • 890508 4. As required Advisory Council, Hearing•,on;_revision_was.ield•onnint .6.s-.-*,, y_n7, • S. Public Hearing (required if 1S% or more change in total grant of Fed/State fund or client services). Date/Comments 6. Reviewed: /Darec r, Area Agency on ging Date • Linda Piper e h c - p - g Chairman, gional Advisory Council Date / aleQe 1- /a -flExecutiveector• Grantee Agency Date Walt Speck n Field Administrator Date Approved: Director, Older Americans Division Date C. W. irby, hairm at Board of Weld Count C ission s 0598a/67-68 ATTEST: H Feee Weld County Clerk and Recorder putt' County Clerk 83o5^B • �, mEmoRAnDum c. W. Kirby, Chairman milk To Board of County Commissioners Dme June 19, 1939 COLORADO From Walter J. Speckman, Executive Director, Human Resources �4�� Subject: Dislocated Worker Modification Enclosed is the modification to the PY '88 Dislocated Worker Grant. The modification allows purchase of 4 portable computers, 4 printers, and 4 software packages to enhance the Farm Management Classes for our displaced Farmer/Ranchers. The modification also reflect an increase to the number of participants served by the Dislocated Worker Program. All other terms of the original grant remain the same. If you have any questions, please telephone me at 353-3816. 441 t. ! i f pyy�y,J ,� ,:\X v t.'';:fy, c a :s." .t.y, "„(+-a A r ` June 19,'1989 TO: Clerk to the'Board E. 'Judy`Griego ' RE: ` .Dislocated worker Modl'Vlcation yF�. \ Y Enclosed for signature are five (5) copies of this modification. Please return',four (4) 'of! them once they are signed. if you;have questions, please 'telephone me at 353-3815. d9osc7 1 1 .R\4' Ni • .Jhy+ v" • :;_•; STATE OF COLORADO Governor's Job Training Office JOB TRAINING PLAN Signature Page For Programs and Activities Authorized by the Job Training Partnership Act This Plan is entered into between the State of Colorado, Governor 's Job Training Office, hereinafter referred to as the Recipient and . hereinafter referred to as the Service Delivery Area (SDA) Grant Recipient. All work to be performed under the Plan will be in accordance with the Job Training Partnership Act (JTPA) of 1983, applicable JTPA rules and regula- tions, applicable policies and procedures established by the Governor, and the assurances, certifications. and narrative descriptions contained in this plan. The plan is in accordance with the JTPA rules and regulations and instruc- tions issued by the Governor or his designee. It is understood that this document, when signed by the parties, will become an "Exhibit A" referenced in and governed by Master Contract N between the State of Colorado and the 5DA Grant Recipient. It is understood that this Job Training Plan, when jointly signed by the 50A's, Local Elected Official , and the Private Industry Council Chair and countersigneu and dated by the Governor or Governor 's designee, shall be effective July 1, 1988 through June 30, 1989. Typed Name & Title of Signature DATE Local Elected Official C. W. n %2/� ! / / C. Kirby, Chairman �i///. • Weld County Board of County Commissioners Typed Name & Title of Signature DATE Private Industry Council / / Chairperson Kenneth Nickerson Typed Name & Title of Signature DATE Governor or Designee / / 890507 EXPENDITURE AUTHORIZATION MODIFICATION REQUEST DATE MOD #: I . SERVICE DELIVERY AREA INFORMATION Name: Weld County Service Delivery Area Address: P.O. Box 1805 Telephone: Greeley, Colorado 80632 II . PROGRAM/PROJECT INFORMATION Name: Weld County Dislocated Worker Program Current VAX#: 1576/1577 Title, Year, and Amount of Funds: Title III, Program Year 1988, 572,189 Period of Performance: From October 1, 1988 To September 30, 1989 III . MODIFICATION(S) REQUESTED (Narrative): In conjunction with Aim's Community College, Weld County Employment Services offers enrollment into Farm Management Classes. These classes focus on the importance of maintaining accurate financial records in order to manage the farm more effectively. This class provides training to 22 dislocated farmer/ranchers on the use of a computerized accounting system. The Aim's instructors provide individualized instruction both in the classroom and on the farm/ranch. A portable personal computer that is IBM compatible is used. IV. REVISED GOALS AND OBJECTIVES, OUTCOMES, ETC. Employment Services enrolled more individuals into classroom training than originally anticipated. The current classroom training is in conjunction with Aims Community College at the Greeley and Ft. Lupton campuses. Training areas include clerical , early childhood education, welding, drafting, farm management, and remedial education/GED classes. The majority of the participants will continue with classroom training under EDWAA. The following provides the revised number of participants planned to be served: Activity Number of Participants Farm Management Training 22 Other Classroom Training 25 On-The-Job Training 3 Job Search Activities 20 Employment Services will continue to assign coding to funded activities under this Expenditure Authorization with the following code: PRO 2 D8 890507 :1 V. RATIONALE FOR MODIFICATION(S) Approximately 85 individuals are enrolled in Farm Management Classes at Aims Community College. Of these, 22 are Title III Dislocated Workers. As previously mentioned, some of the training is provided in the home with the use of a portable personal computer. As the participants progress, they need to purchase or have access to a computer. The dislocated farmer/ranchers are unable to purchase their own computer and because of the number of individuals enrolled, it has been difficult for them to have access to the computers. Due to the distance and wide area of Weld County, it is felt that the purchase of 4 computers. 4 printers, and software (for the use of JTPA Dislocated Workers only) will enable the JTPA Dislocated farmer/ranchers to be better served in the classroom and in the home. All of the 22 participants enrolled will continue with the farm management component under EDWAA. Employment Services anticipates an increased interest in these classes for other potential displaced farmer/ranchers. VI. BUDGET INFORMATION SUMMARY MODIFICATION As Applicable (See Attachment A) VII. MATCH BUDGET SUMMARY MODIFICATION As Applicable (See Attachment B) VIII. SPECIAL PROVISIONS Employment Services agrees to continue its compliance with the "Special Provisions" section of the original EA under this modification. 890507 Attachment A 8/88 BUDGET INFORMATION SUMMARY (BIS) MODIFICATION 3%, 8%, Title III, Title IV-C SDA/Contractor: Weld County Title of Funds: III % Project: Dislocated Worker Program Year of Funds: PY88 Original Period 10/1/88 9/30/89 1576 of Performance: From To VAX: Revised Period 10/1/88 6/30/89 of Performance: From To Date Processed: * MOD / 01 CHANGE in Number of Persons to be Served [+ - (-)] - • ' ' • - - LINE ITEM CODES LINE ITEM CURRENT CHANGES TOTAL DESCRIPTION BUDGET + - (-) SAP01 , Admin./Pers. : 4849 0 4849 8A001 Admin./0per. 2370 0 2370 8TP01 Trng./Pers. , 14574 1 0 I 14574 8T001 i Trng. OJT 50396 (13600) 36796 Trng. Equip. 0 13600 1 13600 TOTAL 1/////////////////1 72189 , 0 I 72189 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. Page 16 8905'x'7 Attachment B 8/88 MATCH BUDGET SUMMARY MODIFICATION FOR TITLE III and 8% FUNDS SDA/Contractor: Weld County Title of Funds: III C Project: Dislocated Worker Program PY88 Year of Funds: Original Period 10/01/88 To 09/30/89 1577 of Performance: From VAX: Revised Period 10/01/88 06/30/89 of Performance: From To Date Processed: _ * MOD I 01 SOURCES LINE ITEM CURRENT CHANGES TOTAL DESCRIPTION BUDGET + — (..) 8NQOI Emplr Fees UI 14438 (14438) A 0 8NQ02 UI Benefits 43313 28876 72189- 8NQ03 State Tuition 14438 (14438) 1) i TOTAL 1/////////////////f 72189 1 0 1 72189 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. Page 17 8905T7 Attachment 1 JTPA Letter n88-08 • A I N N CO C ✓ ) Cu J J p a l. O I' z { La N Ed Cu L I N I C O C L C In I C4 N- I 7 ( --3 .n u a O B o "mg1 0 I a^� .c t ( O • L I N N J •� N Cu p A.J. b Z ^7 I �J L ...r a s C) L V I b o •.- O I O _ ., C L L LC) \ I a � `- I O. al L IntV I WO I I O a EMI _ o N 4! .-. p O I u tl N .--• V fric CO I r P v q n s O I I w U 1 _.. . h y ' I e D. 0 L.J .-. U .-- r ^ a. C X - .Tr O O 0 a C .�+ a6 _a I o U U CJ O .. . F. EE N M a I•-O 6 E-I E I E O L L I O a ro t. ' dM • L 0 d,L7 10 a ""' (OJ O U a q M •• Jy. N N N O C x a •. IA ( o e _E 6 ` Ys'a 0 __ O C O L I I Q la Q 4. •N .Cl t O r t) I ( ^CC O •u1 o Loa o O a s tv r ! C z I tl ucp_ C) C. O C C. C N I C V I 7tt N O - CC CO I q V W X X X ..r •• .1 a ��' y > In6 .ar a y ^ a W 1 I O2 w v N O II Z►1 in Q O H o 6 I o o 0 az • .o .n .. C. �o v to v CO ., o v, I XI' In 1.0 y� = ^� ov 70 1., o m 0.1. Z ..I a I ' .r in N I— q ^) H .• ^ .a H in u ro m ..I -0 L o v O C C y OS U L O 0 O CC CU Y I CC 1a - Z ' j In 41 0 I Z . . wA oo H a. .° - .� ao L O v C a N b v1 a y L L L V 10 a N C7 IL AV- uw L a O 1O O\ YI O Cv C Q' CJ• 6 a0+ Is O+ 0 _ .- a of a U Iu to ^7 C CT ILs a 7.1 a !o . S. a W o •O C AA- q3 A'l- V .mow a W C 1--. 4.) W 4:C 0 L. V q a a W 0 z y. O C L p G .. • 9 q i C ^.l as L C .. .. C) C• t- ail O b p V L d O L CT d L 71 O J C O H y .r. CSS O u C C . �+ q (y C) a+ N W Y n N 0 1 V ^ d 6 q q ^ a L) C O- . IQZ�C C a OC C L � 0 SC 6 Ii IVnv I E• O q O N H O N ) J % N s II , a a L _ II O L) Q L7 i so^ .�{�q11 K 1� v ..— II, 1 - h rr 0 �a/I✓Vn` WELD COUNTY, COLORADO PAGE l na l General FUND CLAIMS V.O. WARRANT NO. P.O. NO. VEAiDOR AMOUNT 902344 I 084715 Overhead Door Company and 25,335.92 ' Jerald Constuction I TCTAL $ 25,335.92 STATE OF COLORADO ) ss COUNTY OF WELD ) This is to certify that all accounting and budgeting procedures have been I completed on the above listed claims as shown on Page 1 through 1 and dated Juno 19th , 19 89 and that payments should be made to the respective veneers in the amounts set oppose e their names with the total amount $ 25,335.92 . DATA THIS 19t1, DAY OF Thmn _, 7989 • F 7 :C€�`bI -%- - SUBSCRIBnD AND SWORN TO BEFORE D2: THIS 19th DAY OF June 19 89 • NY COMMISSION IRFS: NOTARY PUBLIC STATE OF COLORADO ) ) ss COUNTY OF WELD ) We, the Board 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 General FUND totaling $ 25,335.92 . Chairperson� � ATTEST ,‘cx .o 7.f ewe &eat_ Me, vv Teu* ri County ark & Reccrcer ¢ember t a� .le s._ Member '�_� I:ember Sit WELD COUNTY , COLORAD t'MUt 1 -- PMIOLL FUND CLAIMS WARRANT P.O. & ";0, VO. N'). VENDOR AMOUNT r — . 14381 62440 WEIR COUNTY REVOLVING FUND 483.31 14382 62441 UNITED BANK OF GREEUVU 2,532.71 1_ MC-MONTHLY PAYFOLL (125 cks) 14,952.02 State of Colorado ) TOTAL 17,968.04 ) ss County of Weld ) This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Pages 1 through 1 and dated .TUNE 19th , 198 9 and that payments should be made to the respective vendors in the amounts set opposite their nar.es with the total amount S 17,968.04 Dated this 19th day of . ,T , 198j,. Weld ,.oun i nce fficer Subscribed and sworn to before me this 19th day of JUNE , 193 9 My commision expires: Notary Public State of Colorado ) ) ss County of Weld ) We, the Board 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 _ PAYROLL Fund totaling 5 17,968.04 .giteChairperson Cc-414 /lam graut :77EST: Member /l __-. .noy. C1 rk and Record . Member ,u y Member • • SEMI—MONTHLY PAYROLL • HANDWRITE APPROVAL FORM • WARRANT WARRANT NUMBER PAYEE AMOUNT I 14379 1 KATHIE LUCAS L 148.72 14380 ALNINO JARAbIILLO 9.30 I I I i I ( I ( ( 'NUMBER OF WARRANTS 2 TOTAL 158.02 THE AMOUNT OF THESE HANDWRITES WILL BE INCLUDED IN TEE SEMI-MONTHLY PAYROLL TOTAL ON JUNE 19, 19 89 STATE OF COLOIW)0 ) ) SS . COUNTY .OF WELD ) SOCIAL SERVICES CLAIMS THIS • IS TO CERTIFY THAT ALL ACCOUNTING AND BUDCEI•ING PROCEDURES HAVE BEEN COMPLETED O11 TILE FOLLOWING LISTED CLAIMS AND THAT PAYMENTS SHOULD RE MADE TO THE RESPECTIVE PAYEES IN TILE AMOUNTS SET OPPOSITE THEIR NAMES AS CERTIFIED BY '111E DIRECTOR OF TIIE 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 • 10 MED. TRANS. ' 339.72 • ADM SERVICES CHILD WELFARE _ PAC DC LEAP OAP SUBTOTAL OAP SS SUBTOTAL SS_ GRAND TOTAL 339.72 19 ( DATED THIS _ -2- DAY OF June , 1989 . • • DIRE ' • I I E AID A M1 STRATION SUBSCRIBED AND SWORN TO BEFORE t•IE THIS -2'C. DAY OF June * 1989 , NOTARY PUBLIC MY COMMISSION EXPIRES: STATE OF COLORADO ) ) SS. COUNTY OF WELD ) WE, TIIE• 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 TIIE SOCIAL` SERVICES FUNDS AND CHARGEABLE AS STATED: ATTEST: `hVz�j j vd (J WELD COUNTY CLERK AND RECORDER AND t CLERK TO THE BOARD (4tif pm COUDIY CLERK • WTI/ VIl1":I'H I T Ii. • • • • • • • • • • • • • • • • • • • • • • D D a a a a D D X Y - - - -_ -_ r D - 00or c z o N Ni f. N N N N N 2 Z N L (... W L L L L IA G. D O - qs V O C C O ti Z O N - 0 0! a .I 0- 1:. z -, 9 ✓ c v, 7, b t D D z x X C -• C. D r. 3 a z o r K p- z n, R N z N D m 3 r. r r .. ;r. z r r, x r r r* n c A It K K W G V D r n c c -11 A r 2 o c is a a m n C v, - r D c. z z r z T -, _ n K :. K C L r X 2 .... C n z 0 a L is 2 V. D CO Xi L - C C z R. r T D r r. I a O .• y n 3 7( D 3 a V v N N L 2 D ♦ Z L O z 0 - 7: S - P V b V 4 C - - - C C P .T. C Z sz 0 0 W b a2 a a 0'. a 3O . 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A n 1 T'� a I c C m I t L I C` m c c '9 O I 1 A C I +� m I m a •ai A • lilt 2 N m T N o 1 < x 1 (}./ O I 11 •• n in Si 11 p we D x A PO It in • c o 3 I 2 a •. Si •0 t r m. CP. rn I m .. 2 m IVO I— 4 • \ O 1 3 3 < I D T P m l T a I I -5 2 T \ x 1 A 2 I I I O 2 v. 2 1 • • Si N O • • • • • 0 • 0 • • • 0 0 • • 0 • 0 • • • ,airu� cap 41 (0 MEMORAfIDUM Clerk to the Board June 9, 1989 To Ote George Goodell, Director of Road and Bridge COLORADO From Road Opening Sub ect The following road was opened June 9, 1989. It was closed May 31, 1989 for a bridge replacement. WCR 67 between WCR 4 & WCR 6 GG/mw:frc xc: Commissioner Lacy Weld County Dispatch Weld County Sheriff's Office WCR 4 WCR 6 WCR 67 `If ► MEMoRAf1DUM WIN a Clerk to the Board June 14, 1989 To _ a George Goodell, Director of Road s and Bridge COLORADO From Road Opening Subject: The following road was opened June 14, 1989. It was closed June 12, 1989 for a culvert replacement. WCR 16 between WCR 73 & WCR 77 GG/mw:frc xc: Commissioner Lacy Weld County Dispatch Weld County Sheriff's Office WCR 16 WCR 73 WCR 77 41 I, MEMORAnDU WIAle Clerk to the Board June 15, 1989 To _Oats George Goodell, Director of Road and Bridge COLORADO From Road Opening Subject: _ The following road was opened June 15, 1989. It was closed June 5, 1989 for a culvert replacement. WCR 23 between WCR 76 & WCR 78 GG/mw:frc xc: Commissioner Lacy Weld County Dispatch Weld County Sheriff's Office WCR 23 WCR 76 WCR 78 rnvLVdr — a. MARY ANN FEUERSTEIN . WELD COUNTY CLERK AND RECORDER MONTH: MAY YEAR: 1989 ITEMS TOTAL STATE COUNTY CLERK FEE MOTOR VEHICLE DEPARTMENT LICENSE FEES 12862 192919.07 133346.07 46295.00 13278.00 OWNERSHIP TAX 12862 493883.32 8273.50 477336.32 8273.50 SHE RENTAL O.T. 98 2294.08 2245.08 49.00 VEH RENTAL O.T. 0 876.55 .00 876.55 .00 PERMITS 2414 2090,50 691.85 1398.65 SALES TAX 0 168169.63 161525.69 6643.94 TITLES 4587 24854,50 11374.00 13480.50 ID'S 60 210.00 120,00 90.00 CHATTELS 1328 9600. 00 9600.00 DUPLICATE REG 55 110.00 110.00 FICHE 0 .00 .00 CERTIF. C OTHER 33 61.25 61.25 PENALTIES 19 284.20 284.20 SME RENTAL TABS 0 .00 .00 .00 DIESEL (COUNT) 0 EMISSION FEES 3362 2353.40 2353.40 SHORT CHECKS 10 150.00 150.00 OTHER 0 .00 .00 SUB TOTAL 37690 897856.50 315331. 11 526752.95 55772.44 RECORDING DEPARTMENT UCC INDEX 541 1940.00 1940.00 GEN INDEX 3248 20150.00 20150.00 DOC FEES 277 2257.33 2257.33 SEARCH G CERT 141 1437.00 1437.00 MICROFILM 9 1564.75 1564.75 CERT COPIES 167 521.75 521.75 NON CERT COPIES 1459 4968.00 4968.00 MARRIAGE LIC 128 1280.00 384.00 896.00 PHOTO COPIES 3 1.50 1.50 RECEIVABLES 0 .00 .00 OTHER 0 .00 .00 SUB TOTAL 5973 34120.33 384.00 33736.33 CLERK TO THE BOARD MAPS 36 72.00 72.00 PHOTO COPIES 17 22.50 22.50 OTHER 2 54.00 54.00 SUB TOTAL 55 148.50 148.50 ELECTION DEPARTMENT CERTIFICATION 30 15.00 15.00 MAPS 5 10.00 10.00 LISTS 14 730.09 730.09 OTHER 0 .00 .00 SUB TOTAL 49 755.09 755.09 MAY GRAND TOTAL 43767 932880.42 315715. 11 526752.95 90412.36 YEAR-TO-DATE TOTAL COLLECTIONS MOTOR VEHICLE 168490 4217186.59 1477613.92 2479174.15 260398.52 RECORDING 27783 158226.58 1062.00 157164.58 CLERK TO BOARD 248 518.75 518.75 ELECTION 276 1761. 51 1761 .51 YID GRAND TOTAL 196797 4377693.43 1478675.92 2479174.15 419843.36 CRS 30-1-114 MA Y NN FEUERSTEIN REVISED 7/84 WELD OUNTY CLERK AND RECORDER (3P41:iFf\\ l ' JP r Lo ,a $ 9V203P COLLECTION OF CLERK FEES 06/V0/89 MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER YEAR-TO-DATE THRU MAY FOR YEAR: 1989 ITEMS TOTAL STATE COUNTY CLERK FEES ITOR VEHICLE DEPARTMENT 0 LICENSE FEES 57100 906669.49 637250,49 210109.00 59310.00 OWNERSHIP TAX 57100 2324922.29 36344.00 2252234.29 36344.00 SME RENTAL O.T. 381 9783,30 9592.80 190.50 VEH RENTAL O.T. 0 7238.06 .00 7238.06 .00 PERMITS 10149 8673.00 2897, 10 5775.90 SALES TAX 0 779197.30 748371.33 30825.97 TITLES 20851 113126.50 51715.00 61411.50 ID'S 245 857.50 490.00 367.50 CHATTELS 6914 52450.00 52450.00 DUPLICATE REG 203 406.00 406.00 FICHE 9 900.00 900.00 CERTIF. 6 OTHER 173 324,75 324.75 PENALTIES 19 284,20 284.20 SHE RENTAL TAOS 182 910.00 546.00 364.00 DIESEL (COUNT) 0 EMISSION FEES 15106 10574.20 10574.20 SHORT CHECKS 58 870.00 810.00 OTHER 0 .00 .00 SUB TOTAL 168490 4217186.59 1477613.92 2479174.15 260398.52 CORDING DEPARTMENT UCC IN➢EX 2792 9555.00 9555.00 GEN INDEX 14509 86001.00 86001.00 DOC FEES 1109 8829.98 8829.98 SEARCH S CERT 920 9245.00 9245.00 MICROFILM 39 13022.35 13022.35 CERT COPIES 639 1808.75 1808.75 NON CERT COPIES 7405 25739.00 25739.00 MARRIAGE LIC 354 3540.00 1062,00 2478.00 PHOTO COPIES 11 5.50 5.50 RECEIVABLES 0 .00 .00 OTHER 5 480.00 480.00 SUB TOTAL 27783 158226.58 1062.00 157164.58 ERK TO THE BOARD MAPS 137 277.00 277,00 PHOTO COPIES 107 131.75 131.15 OTHER 4 110.00 110.00 SUB TOTAL 248 518.75 518.75 ECTION DEPARTMENT CERTIFICATION 226 113.00 113.00 MAPS 20 40.00 40.00 LISTS 23 1196,51 1196.51 OTHER 7 412.00 412.00 SUB TOTAL 276 1761.51 1761.51 0 GRAND TOTAL 196797 4377693.43 1478675.92 2479174.15 419843.36 AR-TO-DATE TOTAL COLLECTIONS MOTOR VEHICLE 168490 4217186.59 1477613.92 2479174.15 260398.52 RECORDING 27783 158226.58 1062.00 157164.58 CLERK TO BOARD 248 518,75 518.75 ELECTION 276 1761.51 1761.51 D GRAND TOTAL 196797 4377693.43 1478675.92 2479174.15 419843.36 S 30-1-114 MA Y NN FEUERSTEIN VISED 7/84 WELD OUNTY CLERK AND RECORDER Cr _ STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH h�ov_p Gp � 4210 fast 11th Avenue k/W +•+xrG.�S.. Denver, Colorado 80220 Phone (303) 320.8333 �., .478e Roy Romer Governor June 7. 1989 Thomas M. Vernon,M.D, Executive Director Weld County Commissioners 915 10th St. Greeley. CO 80632 RE: Letter of Intent to Apply Domestic Sewage Sludge in Weld County from Liquid Waste Management Dear County Commissioners: The Permits and Enforcement Section of the Colorado Department of Health has received Letters of Intent to Apply Domestic Sewage Sludge from the above referenced entity for the following sites within your county. Site Name Legal Description Moser Site LWM 4 409 Northeast Quarter of Section 22. Range 66 West. Township 1 North Walter Site LWM t 410 North Half of Section 6. Range 65 West. Township 1 North • If you would like any additional information as to the scope and nature of those beneficial use land application projects. do not hesitate to contact me at (303) 331-4555. Please direct any comments or concerns to this office within 15 days of receipt of this letter. Sincerely. 1 David R. Rogers Engineering/Physical Sciences Technician Permits and Enforcement Section WATER QUALITY CONTROL DIVISION tc: Weld County Health Department Soil Conservation District Victor Sainz. District Engineer File (Site 4 0325. 0326) ,,�� ''X STATE OF COLORADO COLORADO•DEPARTMENT OF HEALTH oy' 4, 4210 East 11th Avenue ;7 Denver, Colorado 80220 Phone (303) 320.8333 • at Roy Romer Governor COLORADO BOARD OF HEALTH executive Dmas t,4 irector not or AGENDA June 21, 1989 LOCATION TIME Colorado Department of Health 9:00 a.m. 4210 E. 11th Avenue, Room 412 Denver, Colorado 9:00 a.m.: 1. Roll Call 2. Approval of Minutes - May 17, 1989 3. Public Comment 4. Board Comment 9:15 a.m.: 5. PUBLIC RULEMAKING HEARING: Proposed amendments to Rules and Regulations Pertaining to Schools St` ff comments — Ken Mesch and Rick Brown, Consumer Protection Division 10:15 a.m.: 6. PUBLIC RULEMAKING HEARING: Proposed amendments to Colorado Hazardous Waste Regulations, including land ban restrictions; permit modifications; federal Hazardous and Solid Waste Amendments (HSWA) required changes; treatability studies; permit review and issuance; and miscellaneous unit requirements Staff comments — Barbara Bogema, Hazardous Materials and Waste Management Division 11:15 a.m.: 7. Request to schedule public hearing for repeal of Colorado Hazardous Waste Regulations, 6 CCR 1007-3, pages 1-429, duplicate set - Barbara Bogema, Hazardous Materials and Waste Management Division 11:20 a.m.: 8. Report of the Executive Director a. Briefing on the impact of the Medicaid Expansion (baby care) Bill - Dan Gossert and Lindy Wallace, Family and Community Health Services Division, b. Plans for a Colorado "Future of Public Health" conference and report - Stan Ferguson, Office of Health Care and Prevention NOTE; Times stated are approximate. STATE OF COLORADO COLORADO DEPARTMENT Of HEALTH oe • 4210 East 11th Avenue ti/ Denver, Colorado 80220 Phone (303) 320.8333 .�t Ewa / NOTICE OF rtiBuc RUIamxudG HEAMM BEFORE ,D, s Roy Romer Cry E OF H ' i Governor Thomas M. Vernon, M.O. Executive Director NOTICE is hereby given pursuant to the provisions of the Colorado Revised Statutes 1973, 24-4-103, that the Colorado Board of Health will conduct a public rulemaking hearing on July 19, 1989 commencing in the morning in Room 412 of the Colorado Department of Health, 4210 East 11th Avenue, Denver, Colorado, to consider the promulgation of proposed modifications to Sections 1, 3, 5, 6, 12 and 14 of the Domestic Sewage Sludge Regulations (5CCR 1003-7, 1986) . The purpose of this hearing is to allow the public to eic1ts the proposed modifications to the Domestic Sewage Sludge Regulations. These modifications will allow water treatment plant sludges to be land applied in combination with sewage sludge to approved sites. The proposed modifications stipulate a methodology by which the appropriate proportions of both sludges are determined. Additionally, specific monitoring requirements for water treatment sludges are proposed. An additional public rulemaking hearing concerning proposed modifications to the Colorado Regulations Concerning Solid Waste Disposal Sites and Facilities (6CCR 1007-2-1) , such modifications also concerning the disposal of water treatment sludges, will be convened on July 19. The proposed modifications to the Domestic Sewage Sludge Regulations have been developed by the Water Quality Control Division and the Hazardous Materials and Waste Management Division of the Department pursuant to C.R.S. 1986, 30-20-110.5. Copies of the proposed modifications to the regulations may be obtained by contacting the Colorado Department of Health, Water Quality Control Division, 4210 East 11th Avenue, Denver, Colorado 80220. Any interested person shall have the opportunity to participate in the hearing by submitting written data, views or o r .: not later than seven days prior to the date of the hearing, or by presenting the same orally. Persons wishing to submit any written data or views should submit them to: Secretary, Colorado Board of Health Colorado Department of Health 4210 East 11th Avenue, Room 413 Deriver, Colorado 80220 Dated this 30th day of May, 1989. Lass /41. • Thomas M. Vernon, M.D. Executive Director Colorado Department of Health STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH tie)4�or 4:10 East 11th Avenue ,ivy waso,CTs, Denver, Colorado 80220 t r,k"" �' Phone (303) 320.8333 �. ,J,4y \<' "sa" NOTICE OF PUBLIC RULEMAKING HEARING Roy Romer BEFORE THE Governor COLORADO BOARD OF HEALTH Thomas M,Vernon, M.0 Executive Director NOTICE is hereby given pursuant to the provisions of the Colorado Revised Statutes 1973, 24-4-103, that the Colorado Board of Health will conduct a public rulemaking hearing on July 19, 1989, commencing in the morning in Room 412 of the Colorado Department of Health, 4210 East 11th Avenue, Denver, Colorado, to consider the promulgation of proposed amendments to the Colorado Solid Wastes Disposal Sites and Facilities Regulations. The purpose of this hearing is to allow the public to discuss the proposed regulatory amendments to the Solid Waste Regulations. These amendments are specific requirements for the landfilling of water treatment plant sludges. The proposed amendments to the regulations have been developed by the Hazardous Materials and Waste Management Division of the Department, pursuant to C.R.S. 1973, 30-20 Part 1, the Solid Wastes Disposal Sites and Facilities Act. Copies of the proposed amendments to the regulations may be obtained by contacting the Colorado Department of Health, Hazardous Materials and Waste Management Division, 4210 East 11th Avenue, Denver, Colorado 80220. A hearing proposing changes to the Domestic Sewage Sludge Regulations will be held in conjunction with the hearing on the proposed changes to the Solid Waste Regulations. The proposed changes to the Domestic Sewage Sludge Regulations specify conditions under which water treatment plant sludges can be co-beneficially applied with domestic sewage sludge to agricultural lands. A separate Notice of Public Rulemaking Hearing is being issued on this date. Any interested person shall have the opportunity to participate in the hearing by submitting written data, views or comments not later than seven days prior to the date of the hearing, or by presenting the same orally. Persons wishing to submit any written data or views should submit them to: Secretary, Colorado Board of Health Colorado Department of Health 4210 East 11th Avenue, Room 413 Denver, Colorado 80220 Dated this 26th day of May, 1989 (�J /�/ M :lam» "1 • Uti go Thomas M. Vernon, M.D. Executive Director Colorado Department of Health OPERATIONS SUMMARY June 1, 1989 Streamflow Forecast West Slope 71 58 East Slope Poudre River at Canyon Mouth 52 Big Thompson River at Canyon Mouth . . . . 58 St. Vrain River at Lyons 60 Boulder Creek at Orodell 63 Projected System Carry-over Storage Acre-feet % of Average Beginning Storage 11-1-88 481,614 108 Forecasted Net Inflow 126,624 53 Deliveries (100% quota) 310,000 146 Ending Storage 10-31-89 298,238 67 Beginning Ditch Co. Storage 11-1-88 178,190 80 Ending Ditch Co. Storage 10-31-89 109,800 49 A N.Y id 3 June 1, 1989 Snowpack and Streamflow Comparison Streamflow Forecast -- X of Average Watershed 3/1/89 4/1/89 5/1/89 6/1/89 Blue River above Green Mtn. 91 89 75 74 Colorado River above Granby 94 88 76 74 Willow Creek 96 80 67 70 Fraser River 102 94 78 66 Poudre River 78 71 59 52 Big Thompson River 101 72 62 58 St. Vrain River 100 69 62 60 Boulder Creek @ Orodell 94 73 63 63 June 1, 1989 Water Supply and Use Comparisons (A.F. ) Tributary Service Area 1988 1957/88 1989 1989 Water Supply Actual Average Estimate Z of Avg Tributary Streamflow 526,646 629,147 350,400 56 Ditch Co. Storage 11-1 181,252 221,721 178,190 80 C-BT Storage (1) 425,549 340,876 424,510 133 Total Supply 1,133,447 1,191,744 953,101 80 Water Use Direct Diversions 531,823 513,353 410,000(2) 80 Ditch Co. Storage Use 175,720 135,534 142,000(2) 105 Total Tributaries 707,543 648,887 552.000 85 NCWCD Deliveries 232,525 212,864 310,000(3) 146 - Total Used 940,068 861,751 862,000 100 Carry-Over Storage A.F. (4) Ditch Co. Reservoirs 178,190 223,082 109,800 49 C-BT System Reservoirs 481,614 446,103 298,238 67 Total Carry-Over 659,804 669,185 408,038 61 (1) East Slope carry-over storage plus Adams Tunnel imports (2) Estimate based on diversions in a comparable water supply year (3) Required to provide average total use (100% Quota) (4) Water in storage on October 31, the end of the water year CBT INFLOW AND DELIVERY COMPARISONS (ACRE-FEET) GRANBY RESERVOIR Adams Tunnel Releases to Net Change Conserved Diversions Colo. River In Storage Inflow Month 1988 1989 1988 1989 1988 1989 1988 1989 Nov. 17,687 23,480 1,186 1,200 - 13,455 - 19,626 + 4,232 + 3,854 Dec. 18,938 24,656 1,240 1,240 - 16,445 - 23,187 + 2,493 + 8,211 Jan. 24,141 24,371 1,240 1,240 - 21,197 - 22,704 + 2,944 + 3,174 Feb. 18,530 19,884 1,160 1,120 - 16,826 - 17,904 + 1,704 + 3,058 Mar. 26,973 13,612 1,240 1,240 - 24,393 - 10,349 + 2,580 + 3,263 April 15,664 9,574 1,198 1,200 - 2,252 + 10,181 + 17,916 + 19,755 May 24,682 19,884 4,218 4,031 + 48,599 + 27,323 + 73,281 + 47,207 June 22,048 4,666 +103,386 +125,434 July 26,910 4,839 - 11,522 + 15,388 Aug. 28,969 2,103 - 26,074 + 2,895 Sept. 27,386 1,292 - 27,757 - 371 Oct. 26,132 1,243 - 25,841 + 291 Total Thru May 146,615 135,461 11,482 11,271 - 41,465 - 56,266 +105,150 + 88,522 Year Total 278,060 25,625 - 29,273 248,787 1989 - Includes 8,529 A.F. pumped from Willow Creek Reservoir DELIVERIES QUOTA + REPLACEMENT Year April (1) May June July August Sept. Oct. Total 1977 5,571 37,573 67,523 76,167 60,244 40,813 21,586 309,477 1978 4,491 2,054 4,293 43,810 74,236 32,164 23,879 184,926 1979 4,185 2,262 3,418 50,517 44,166 24,060 16,251 144,859 1980 6,381 2,177 8,577 50,473 69,610 32,833 33,231 203,281 1981 7,301 6,464 26,674 88,730 82,864 40,351 37,643 290,027 1982 9,093 9,679 6,182 33,598 40,320 29,816 31,394 160,082 1983 5,568 2,140 2,924 31,671(2) 62,706(2) 38,687 17,299 160,995 1984 7,382 4,330 10,920(2) 91,413(2) 44,548 26,077 14,381 199,329 1985 51,120(2) 21,390(2) 67,539(2) 51,692 70,214 25,437 3,531 290,923 1986 33,711(2) 58,541(2) 7,433 72,820(2) 67,279 23,745 5,161 268,690 1987 38,775(3) 38,115(4) 21,864 66,840 48,803 21,663 6,528 242,588 1988 19,613(3) 35,296(3) 15,890 53,788 68,729 30,985(5) 16,107 202,345 1989 27,873 47,717(3) 1957-1988 Average 7,289 14,479 14,089 57,203 72,304 37,570 20,301 223,235 (Percent) (3%) (7%) (6%) (26%) (32%) (17%) (9%) (100%) (1) Includes winter water use (2) Includes Non-charge water (3) Includes Carry-Over (4) Includes Carry-Over and Non-Charge (5) Releases for Horsetooth Rehab. SLJriM.At Y NORTHERN COLORADO WATER CONSERVANCY DISTRICT LARRY OVER WATER DELIVER? REPORT -- MONTH OF MAY 1939 BALANCE TRANSFERS DELIVERIES BALANCE FEATURE 4-30-89 QUOTA DEBIT CREDIT PREVIOUS MAY TOTAL 5-31-89 POUDRE RIVER 1.099.6 0.0 4.0 741.8 2.%6.8 9.797.4 12.764.2 44.0 HANSEN SUPPLY CAN 373.7 0.0 240.0 0.0 14.4 60.8 75.2 72.9 DIXON FEEDER CANAL 8.911.6 0.0 501.8 0.0 2.073.4 3.152.0 5.225.4 5.257.8 TOTAL NORSETOOTH RESERVOIR 18.324.9 0.0 741.8 741.8 5.054.6 13.010.2 18.064.8 5.374.7 TOTAL ABOVE FLATIRON :19.4 0.0 203.4 0.0 59.4 21.2 80.6 294.8 BIO THOMPSON RIVER 4.001.5 0.0 3.4 2.501.3 9.165.0 6.437.6 15.652.6 11.3 LOWER PLATTE RIVER 918.9 0.0 0.0 0.0 0.0 916.0 916.0 2.9 HANSEN FEEDER CAN 105.9 0.0 70.3 3.4 493.9 11.3 505.2 27.2 TOTAL HANSEN FEEDER CANAL 5.026.3 3.3 74.2 2.504.7 9.653.9 7.414.9 17.073.3 41.9 LITTLE THOMPSON RI 481.4 0.0 0.0 0.0 39.0 450.6 489.6 30.8 ST DRAIN SUP CANAL 2.995.4 0.0 315.1 112.3 369.4 1.740.2 2.609.6 1.132.9 ST DRAIN RIVER 4.711.6 0.0 192.8 0.0 963.2 4.243.4 5.206.6 275.4 BOULDER FEEDER CAN 503.4 0.0 0.0 0.0 1.152.8 483.4 1.641.2 20.0 BOULDER CR SUP CAN 194.4 0.0 0.0 0.0 31.2 162.1 193.3 32.3 BOULDER CREEK 5.323.6 0.0 1.912.0 0.0 443.4 3.279.4 3.722.3 137.2 TOTAL CARTER LAKE 14.21'+.3 0.0 2.419.9 192.3 3.499.0 10.364.1 13.363.1 1.628.6 Maaessatae ecaatss s_9sesssle�-S17sssataee/aalasasseerilaeesaaaeaaegs,ealtaeY TOTAL - QUOTA WATER 33.150.4 0.0 3.439.3 3.439.3 13.271.9 30.310.4 49.082.3 7.340.0 TOTAL - REPL WATER 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 esasseaesaeeeeesa=a=ta aeseeeaaala spfsseeeaaaeeeasaseeaeas+eeeyfasesaf8se90Szseeaaaseass//sasaa aesasaalleeaaetaeeattles TOTAL COW WATER 38.150.4 0.0 3.439.3 3.439.3 13.271.9 30.810.4 49.082.3 7.340.0 PREVIOUS COV ISSUED 56.422.3 :salsa/fsa COV ISSUED 7-T-0 56.422.3 NORTHERN COLORADO WATER CONSERUAHC't DISTRICT CARRY OVER WATER DELIVERY REPORT -- MONTH Of NAV 1939 DITCH AHD BALANCE TRANSFERS DELIVERIES BALANCE DELIVERY POINT 4-30-39 QUOTA DEBIT CREDIT PREVIOUS MAY TOTAL 5-31-89 Arthur 40.8 40.8 40.8 0.0 Canyon Canal 5.0 5.0 5.0 0.0 Ft. Collins. City of 501.8 501.8 501.8 0.0 OrayesJPULZC Co 240.0 240.0 240.0 0.0 Greeley. City of 1.630.5 244.4 1.630.2 1.874.6 0.3 Jackson 16.3 16.3 Lake Canal 813.9 813.8 813.3 0.1 Lariaer 8 Weld 643.9 2.700.0 643.8 3.343.3 0.1 La ieer County 42 1.180.2 1.180.2 1.180.2 0.0 ltl Cache to Poudro 46.0 46.0 46.0 0.0 Her Cacho la Poudre 2.319.1 2.318.8 2.318.8 0.3 Ate tierce 844.0 843.8 843.8 4.2 North Poudra 7.7 7.6 7.6 0.1 Pat Griffin Co 25.6 25.6 Pleasant ual 8 Lake 188.8 18.6 188.6 207.2 0.2 Poudre Valley Canal 1.8 3.8 1.3 5.6 0.0 Later Sur. 8 Stor 1.335.5 1.335.2 1.335.2 0.3 TOTAL POUDRE RIVER 9.099.6 0.0 0.0 741.8 2.966.8 9.797.4 12.764.2 44.0 Brewster 0 H 45.1 45.0 45.0 0.1 Eastaan Kodak Co 72.8 72.8 Graves/AMC Co 251.3 240.0 6.4 11.8 13.2 0.0 Resseauie 4.0 8.0 4.0 12.4 0.0 TOTAL - HANSEN SUPPLY CAN 373.7 0.0 240.0 0.0 14.4 60.8 75.2 72.9 COV • 2 - MAY 1939 OITCH AND BALANCE TRANSFERS DELIVERIES BALANCE DELIVERY POINT 4-30-89 QUOTA DEBIT CREDIT PREVIOUS MAY TOTAL 5-31-89 Ault. Tour. of 40.8 40.8 ONO PFseruoir CC. 71.2 31.2 East Larieer Co VD 0.2 0.2 Eaton. Town of 36.7 86.7 Ft Collins. City of 2.613.9 501.3 1.216.0 2.033.0 3.249.0 79.1 La Salle. Town of 30.4 30.4 Miller Trust 8 Miller 23.6 4.8 9.0 13.8 14.6 Minatta E 12.0 12.0 0.0 Noel W R 2.0 2.0 North Veld Co YD 7.0 7.0 Soldier Canyon Filter Plant 5.226.8 799.1 1.109.4 1.908. 4.217.4 State Board of Apric 716.1 41.5 0.6 42.1 715.5 Vest Ft Collins WD 132.9 132.9 TOTAL DIXON FEEDER CANAL 8.911.6 8.8 501.2 0.5 2.073.4 3.152.0 5.225.4 5.257.8 TOTAL HORSETOOTH RESERVOIR 18.334.9 0.0 741.8 741.8 5.054.6 13.010.2 18.064.8 5.374.7 Bald Mountain Mater Assn 12.5 0.2 0.8 1.0 11.7 Crystal Water Coaoany 226.2 6.8 10.7 17.5 215.5 Estes Park. Town of 197.5 197.4 32.5 32.5 0.1 Estes Valley Rec 8 Park 7.1 18.1 7.1 25.2 0.0 Gottberp R E 6.0 6.0 0.0 Hewlett Packard Coapanv 15.3 15.3 Newell-Warnock Mater Assn 9.9 0.6 0.7 1.3 9.2 Prospect Mtn Yates Co. Inc 8.9 1.2 1.9 3.1 7.0 Thunder Mountain Water 20.0 20.0 YMCA of the Rockies 16.0 16.0 TOTAL ABOVE FLATIRON 519.4 0.0 203.4 0.0 59.4 21.2 80.6 294.8 Ou - 3 - MAY t939 DITCH AHD BALANCE TRANSFERS DELIVERIES BALANCE DELIVER PU 11T 4-30-39 QUOTA DEBIT CREDIT PREVIOUS MAY TOTAL 5-31-89 Arkin! lister Association 70.8 70.8 70.8 0.0 Berthoud. Torn of 201.6 201.6 0.0 Big T t Platte 32.0 22.0 32.0 0.0 Sig T Ditch 3 Mfg 133.1 138.0 133.0 0.1 Estes Park. Town of 197.4 197.4 197.4 0,0 George Rist 14.4 14.0 14.0 0.4 Greeley. City of 7.000.0 7.000.0 0.0 Greetev-Loveland 0.1 1.137.0 1.508.4 1,137.0 2.645.4 0.1 Hand), 699.2 335.4 699.2 1.034.6 0.0 Hill % Brush 2.7 2.7 Hillsboro 151.5 151.2 151.2 0.3 Hose Suoolu 1.930.4 775.0 119.6 2.755.4 2.075.0 0.0 Louder. 923.6 321.1 1.244.6 1.244.6 0.1 Loveland. Citu of 5.4 3,4 0.0 South Side 0.1 0.1 Spruce Lake RIV Park 3.0 8.0 Vindcltff Property Owners Assn 43.0 48.0 43.0 0.0 TOTAL - 816 THOMPSON DIVER 4.001.5 0.0 3.4 2.501.3 9.165.0 6.487.6 15.652.6 11.8 Central Coto NCO 0.1 0.1 Fort Morgan. City of 80.6 80.6 80.6 0.0 Lower Lathan 44.0 44.0 44.0 0.0 Morgan Co Duality Water Dist 2.0 2.0 Riverside GASP 0.2 0.2 Riverside Irrigation Dist 792.0 791.4 791.4 0.6 TOTAL - LOVER PLATTE RIDER 918.9 0.0 0.0 0.0 0.0 916.0 916.0 2.9 Arkin; Water Association 71.0 70.8 9.4 9.4 0.2 euckhorn Water Users 1.8 1.8 0.0 Buderus 6.4 6.4 Loveland. City of 3.4 475.6 3.4 479.0 0.0 Boring Canyon las District 25.5 7.1 7.9 15.0 17.6 Yelek 8 H (Cottonwood) 3.0 3.0 TOTAL - HANSEN FEEDER CAN 105.9 0.0 70.8 3.4 493.9 11.3 505.2 27.2 TOTAL HANSEN FEEDER CANAL 5.026.3 0.0 74.2 2.504.7 9.658.9 7,414.9 17.073.8 41.9 ^.77 - 4 - MAY 1939 DITCH AND BALANCE TRANSFERS DELIVERIES BALANCE DELIVER.' POINT 4-30.89 QUOTA DEBIT CREDIT PREVIOUS MAY TOTAL 5.31-89 Blower 0.1 2.8 2.8 4.1 Culver 68.6 66.0 66.0 2.6 Eagle 40.8 40.8 40.8 0.0 ide Z Starbird 22.1 22.1 Miner 2 Lcndan 15.8 11.8 11.8 4.0 Mew 1st 193.0 191.0 191.0 2.0 Rockwell 141.0 36.2 141.0 177.2 0.0 TOTAL - LITTLE THOMPSON RI 481.4 0.0 0.0 C.0 39.0 450.6 489.6 30.8 Callahan T L 3.8 8.8 Cetheu C H 1.6 4.5 0.5 1.1 Dacono. City of 131.5 181.5 0.0 Edds G C 0.6 0.6 0.0 £cans. City of 63.5 63.5 Firestone. Town of 51.2 51.2 Matnitne K F 3.0 3.0 3.0 0.0 Ideal Basic Ind (Loukenon) 96.8 6.0 6.0 90.2 Irwin JV88R 1.7 1.7 Kersey, Town of 125.9 125.9 Lauchli H A 3.0 0.1 2.8 2.9 0.2 Longaont. City of 192.3 384.0 192.8 576.8 0.0 It, Thoao;on OD (Inc H Carter) 1.395.4 479,5 650.3 1.130.3 744.6 Milliken. Town of 20.4 20.4 Parrish J 24.2 2.7 10.0 12.7 14.2 Platteville. Town of 133.6 133.6 0.0 Polowchak V M 5.3 0.2 1.3 1.5 4.0 Reed/Adas/Nallett 7.5 1.8 7.5 9.3 0.0 Stied R - Oallaohr L 3.2 3.2 Supply 362.4 862.4 362.4 C.o 9eese/Groseclose 6.4 0.5 3.1 3.6 3.3 TOTAL - ST DRAIN SUP CANAL 2.995.4 0.0 315.1 192.8 869.4 t.740.2 2.609.6 1.132.9 COQ! - 5 - NAY 1%9 DITCH AND BALANCE TRANSFERS DELIVERIES BALANCE DELIVER'' POINT 4.30-89 OU0TA DEBIT CREDIT PREVIOUS NAV TOTAL S-31-39 Clough Private 1.6 1.6 Davis 1 Downing 66.4 66.4 66.4 0.0 Highland 3.023.2 3.023.2 3.023.2 0.0 Longmont Suooly 24.6 24.6 Longmont. City of 613.3 192.8 343.2 420.2 763.4 4.3 86.2 Lyons. Town of 36.2 �O p 171.0 431.0 6.2 Oligarchy 171.4 16.4 Palmerton 16.4 Pact 73.8 73.8 Rough t Ready 414.3 364.0 414.2 774.2 2.1 Swede 148.4 148.4 148.4 0.0 Union Ditch 72.0 _ 72.0 TOTAL - ST URAIN RIVER 4.711.6 0.0 112.3 0.0 963.2 4.243.4 5.206.6 275.4 Boulder. City of 1.152.8 1.152.2 0.4 Colorado Cement Enterprises 20.0 20.0 Lefthand Ditch Co. 360.4 360.4 360.4 0.0 Star 128.0 122.0 128.0 0.0 TOTAL • BOULDER FEEDER CAN 543.4 4.4 4.0 0.0 1.152.2 488.4 1.641.2 20.0 Boulder 1 Lefthand 152.9 152.8 152.2 0.1 Boulder 8 Yhitarock 0.6 0.6 Boulder Country Club 32.9 31.2 9.3 40.5 23.6 Diagonal Water 8 Sault Dist 8.0 8.0 TOTAL - BOULDER CR SUP CAN 194.4 0.0 0.0 0.0 31.2 162.1 193.3 32.3 COv - 6 - MAY 1939 DITCH AND BALANCE TRANSFERS DELIVERIES BALANCE DELIVER? POINT 4-30-89 QUOTA DEBIT CREDIT PREVIOUS MAY TOTAL 5-31-89 Boulder C veld 276.6 276.4 276.4 0.2 Boulder. City of 715.9 715.3 715.3 4.1 Coal Ridge 15.0 15.0 15.0 0.0 Dailey a Plumb 40.0 40.0 Sodding 21.6 21.6 Lover Boulder 437.6 437.6 437.6 0.0 North Bldr Farmers 7.3 7.3 Platte Valley Irrigation Co 3.728.6 1.912.3 443.4 1.316.6 2.260.0 0.0 Silver Lake 13.0 18.0 18.0 0.0 Smith 0 Emmons 68.0 63.4 TOTAL - BOULDER CREEK 5.323.6 0.0 1.912.0 0.0 443.4 3.279.4 3.722.8 137.2 TOTAL CARTER LAKE 14.219.3 0.0 2.419.9 192.3 3.499.0 10.364.1 13.863.1 1.628.6 zzitSts*tf SSS zz SSSS z z 3ntstssslSziilis 2 TOTAL - QUOTA UATER 33.150.4 0.0 3.439.3 3.439.3 13.271.9 30.310.4 49.032.3 7.340.0 PREVIOUS QUOTA CERT. 56.422.3 zzz=22Ss:a: QUOTA CERT. -T-D 56.422.3 REPLACEMENT RATER SSSesiiz zt SCasanszz::SCSsslCSSSSSSSCszz:S--S- SSSSSSSsazzzzrnnfSt$taaflSSSCS TOTAL - REP: WATER 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 PREVIOUS REPL ISSUED 0.0 v9SS5zzzn REPL ISSUED V-T-D 0.0 S99CS; ssSSSSS:S9s -SCSCS-z -:SLIM SSSS----22355L---zeisi-z--SitsCCCSSSZSsSSi-SSSst SSCii:CSSSCSSft TOTAL COU WATER 38.150.4 0 0 3.439.3 3.439.3 18.271.9 30.310.4 49.082.3 7.340.C PREVIOUS COU ISSUED 56.422 3 9Cl;SSsfSs COV ISSUED V-T-D 56.422.3 SUMMAF: Y MUNICIPAL SUBDISTRICT. NORTHERN COLORADO WATER CONSERVANCY DISTRICT WINDY GAP WATER DELIVERY REPORT -- MONTH OF MAY 1989 BALANCE TRANSFERS DELIVERIES BALANCE FEATURE 4-30-89 QUOTA DEBIT CREDIT PREVIOUS MAY TOTAL 5-31-89 POUDRE RIVER 2.347,7 175.0 248.4 0.0 0.0 0.0 0.0 2.274.3 DIXON FEEDER CANAL 3.633.5 0.0 0.0 248.4 3.149.5 386.6 3.536.1 3.495.3 TOTAL HORSETOOTH RESERVOIR 5.981.2 175.0 248.4 248.4 3.149.5 386.6 3,536.1 5.769.6 TOTAL ABOVE FLATIRON 0.0 0.0 0.0 0.0 111.4 0.0 111.4 0.0 BIG THOMPSON RIVER 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 HANSEN FEEDER CAN 0.0 0.0 0.0 0.0 0.0 D.0 0.0 0.0 TOTAL HANSEN FEEDER CANAL 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 ST DRAIN SUP CANAL 3.8 0.0 0.0 0.0 49.4 3.7 53.1 0.1 ST URAIH RIVER 1.506.6 0.0 0.0 0.0 0.0 1.506.2 1.506.2 0.4 BOULDER FEEDER CAN 18.0 0.0 0.0 0.0 0.0 ►8.0 18.0 1.0 BOULDER CREEK 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTAL CARTER LAKE 1.523.4 0.0 0.0 0.0 49.4 1.527.9 1.577.3 0.5 LAKE GRANBY 725.8 175.0- 0.0 0.0 0.0 0.0 0.0 551.8 TOTAL LAKE GRANBY 725.2 175.0- 0.0 0.5 0.0 0.0 0.0 550.8 _I:MIC:22:e C-'_22:222::::2 : G::22: .22255GJ::::2::::2:6222:: 22:2'_222_22 2-2:22: TOTAL WOP WATER 8.235.4 0.0 248.4 248.4 3.310.3 1,914.5 5.224.8 6,321.9 PREVIOUS WGP ISSUED 11.545.7 2::::::2222 WGP ISSUED Y-T-D 11.545.7 MUNICIPAL SUBDISTRICT. NORTHERN COLORADO WATER CONSERVANCY DISTRICT WINDY GAP WATER DELIVERY REPORT -- MONTH OF MAY 1989 DITCH AND BALANCE TRANSFERS DELIVERIES BALANCE DELIVERY POINT 4.30-89 QUOTA DEBIT CREDIT PREVIOUS MY TOTAL 5-31-89 Greeley. City of 1.227.6 1,227.6 Platte River Power Authority 1,120.1 175.0 248.4 1.046.7 TOTAL - POUDRE RIVER 2,347.7 175.0 248.4 0.0 0.0 0.0 0.0 2,274.3 Anheuser Busch (Ft Col l ins> 3.633.5 175.0 1.652.7 313.2 1.965,9 3.495.3 Ft Collins, City of 1.050.0 1,050.0 0.0 Platte River Power Authority 73.4 446.8 73.4 520.2 0.0 TOTAL - -- - -------_ DIXON FEEDER CANAL 3.633.5 0.0 0.0 248.4 3.149.5 386.6 3,536.1 3,495.3 TOTAL --- ---------- HORSETOOTH RESERVOIR 5.981.2 175.0 248.4 248.4 3.149.5 386.6 3,536.1 5,769.6 MOP - 2 - MAY 1939 DITCH AND BALANCE TRANSFERS DELIVERIES BALANCE DELIVERY POINT 4-30-89 QUOTA DEBIT CREDIT PREVIOUS MAY TOTAL 5-31-89 Estes Park. Town of 111.4 111.4 4.0 TOTAL ABOVE FLATIRON 0.0 0.0 0.0 0.0 111.4 0.0 111.4 0.0 TOTAL - 810 THOMPSON RIVER 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTAL - HANSEN FEEDER CAN 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTAL HANSEN FEEDER CANAL 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 BOP - 3 - MAY 1989 DITCH AND BALANCE TRANSFERS DELIVERIES BALANCE DELIVERY POINT 4-30-89 QUOTA DEBIT CREDIT PREVIOUS NAY TOTAL 5-31-89 Lt) Thoapson BD (Inc N Carter) 3.8 49.4 3.7 53.1 0.1 TOTAL - ST DRAIN SUP CANAL 3.8 0.0 0.0 0.0 49.4 3.7 53.1 0.1 Longmont. City of 1.506.6 1.506.2 1.506.2 0.4 TOTAL - ST DRAIN RIVER 1.506.6 0.0 0.0 0.0 0.0 1,506.2 1,506.2 0.4 Lefthand Ditch Co. 18.0 18.0 18.0 0.0 TOTAL - BOULDER FEEDER CAN 18.0 0.0 0.0 0.0 0.0 18.0 18.0 0.0 TOTAL - BOULDER CREEK 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTAL CARTER LAKE 1.528.4 0.0 0.0 0.0 49.4 1.527.9 1.577.3 0.5 OP - 4 - MAY 1989 DITCH AND BALANCE TRANSFERS DELIVERIES BALANCE DELIVERY POINT 4-30.89 QUOTA DEBIT CREDIT PREVIOUS MAY TOTAL 5-31-89 • Middle Park Water Cons Dist 500.0 500.0 Windy Gap Pool 225.8 175.0- 50.8 TOTAL - LAKE GRANBY 725.8 175.0- 0.0 0.0 0.0 0.0 0.0 550.8 TOTAL LAKE GRANBY 725.8 175.0- 0.0 0.0 0.0 0.0 0.0 550.8 aoe:::z::acaa::z:::::zzcaacc:::::z:nsz::::::aaiz2CC::cs:::aczcz:z_:zcazcc::az: :z_zzzacc caczccaczccccaa TOTAL YGP PATER 8.235.4 0.0 248.4 248.4 3.310.3 1.914.5 5.224.8 6.320.9 PREVIOUS VOP ISSUED 11.545.7 aafatflaa:: le ISSUED Y-T-D 11.545.7 MUNICIPAL SUBDISTRICT. NORTHERN COLORADO MATER CONSERVANCY DISTRICT MINDY GAP PERCENTAGE OF QUOTA DELIVERED AT ENO OF MAY 1989 TOTAL NET DELIVERIES BALANCE % OF QUOTA FEATURE QUOTA TRANSFERS PREVIOUS MAY TOTAL 5-31-89 DELIVERED POUDRE RIVER 6.574.6 248.4- 0.0 0.0 0.0 2.274.3 0.0 DIXON FEEDER CANAL 2.731.1 248.4 3.149.5 386.6 3.536.t 3.495.3 129.4 TOTAL HORSETOOTH RESERVOIR 9.305.7 0.0 3.149.5 386.6 3.536.1 5,769.6 38.0 TOTAL ABOVE FLATIRON 131.4 0.0 111.4 0.0 111.4 0.0 84.7 BIG THOMPSON RIVER 0.0 0.0 0.0 0.0 0.0 0.0 0.0 HANSEN FEEDER CAN 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTAL -'"""'-- HANSEN FEEDER CANAL 0.0 0.0 0.0 0.0 0.0 0.0 0.0 ST DRAIN SUP CANAL 53.2 0.0 49.4 3.7 53.1 0.1 99.8 ST DRAIN RIVER 1.506.6 0.0 0.0 1.506.2 1.506.2 0.4 99.9 BOULDER FEEDER CAN 2.0- 0.0 0.0 18.0 18.0 0.0 900.0- BOULDER CREEK 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTAL CARTER LAKE 1.557.8 0.0 49.4 1.527.9 1,577.3 0.5 101.2 LAKE GRANBY 550.8 0.0 0.0 0.0 0.0 550.8 0.0 TOTAL ---'---- LAKE GRANBY 550.8 0.0 0.0 0.0 0.0 550.8 0.0 s=tes,=:as=oats==see=es===ass=sse===es==as==ass=asse==se==assseesees=seas=rise ate==as==ss asst=seo=as==sa======ss=as TOTAL MOP MATER 11,545.7 0.0 3.310.3 1.914.5 5.224.8 6.320.9 45.2 c3LIM1rlaf v NORTHERN COLORADO PATER CONSERVANCY DISTRICT COLORADO-BIG THOMPSON PATER CELIUER7 REPORT -- MONTH OF NA'. 1939 BALANCE TRANSFERS DELIVERIES BALANCE FEATURE 4.330.89 • QUOTA DEBIT CREDIT PREVIOUS MAY TOTAL 5-31-89 POUDRE RIVER 71,303.3 31.595.6 12.510.? 7.740.5 0.0 10.486.2 10.426.2 87.647.5 HANSEN SUPPLY CAN 3.565.1 :.631.4 1.106.0 7.0 0.0 26.9 26.9 4.070.6 DIXON FEEDER CANAL 15.988.1 9.506.2 4.544.0 6.873.4 6.338.2 0.0 6.338.2 27.823.7 TOTAL HORSETOOTH RESERVOIR 94.361.5 42.733.2 18.160.7 14.624.9 6.338.2 10.513.1 14.851.3 119.541.8 TOTAL ABODE FLATIRON 992.4 450.0 42.0 0.0 57.6 28.1 85.7 1.372.3 BIG THOMPSON RIDER 25.461.9 11.324.5 2.244.2 981.1 0.0 294.4 294.4 35.723.3 LOVER PLATTE RIVER 5.603.3 2.453.1 0.4 1.100.0 0.0 0.0 0.0 9.157.0 NANSEN FEEDER CAN 3.154.3 1.405.2 173.0 339.5 969.4 517.5 1.486.9 4,204.4 TOTAL HANSEN FEEDER CANAL 34.220.6 15.682.8 2.422.3 2.420.6 969.4 811.9 t.781.3 49.039.33 LITTLE THOMPSON RI 7.480.? 2.934,0 140.0 732.5 0.0 661.4 661.4 10.345.3 ST URAIN SUP CANAL 9.645.3 5.397.2 4.124.7 4.231.3 1.350.6 453.0 2.303.6 14.396.6 ST DRAIN RIVER 31.386.9 12,262.1 1.241.9 2.948.0 0.0 959.4 959.4 44.295.7 BOULDER FEEDER CAN 4.075,4 1.746.6 0.0 815.9 0.0 1.203.3 1.248.3 5.429.6 BOULDER CR SUP CAN 3.735.6 1.172.4 48.0 198.3 0.0 338.4 333.4 4.719.9 BOULDER CREEK 24.571.0 10.959.0 1.534.4 2.347.0 0.0 1.676.8 1.676.8 34.665.8 TOTAL CARTER LAKE 81.3'+5.4 34.171.3 7.639.0 11.273.0 1.350.6 5.297.3 7.147.9 113.353.4 CCISCC SS mEti■CSCCSCSCSCCSSSSSS CCCCCS-t SCCCSCnnSC CCSC CCSCCS C-SCCFRlWii TOTAL - OUOTA DATER 207.469.9 93,037.3 23.314.5 23.314.5 9.215.3 16.650.4 25.356.2 233.856.3 TOTAL - REPL WATER 2.633.3 0.0 0.0 0.0 385.2 255.4 640.6 2.378.4 CCS C..Snns: l--3 S-SC.. . _z i TOTAL CBT WATER 210.103.7 97.037.3 28.314.5 28.314.5 9.603.0 :6.905.8 26.546,8 236.235.2 PREVIOUS CBT ISSUED 219.704.7 t:saixsir_ CDT ISSUED Y-T-D 312.742.0 NORTHERN COLORADO PATER CONSERVANCY DISTRICT COLORADO.810 THOMPSON PERCEHTAOE OF QUOTA DELIVERED AT END OF MAY 1939 TOTAL HET DELIUEREES BALANCE 7.. OF QUOTA FEATURE QUOTA TRANSFERS PREVIOUS MAY TOTAL 5-31-89 DELIVERED POUDRE RIVER 104.971.0 4.770.2- 0.0 10.426.2 10.486.2 87.647.5 9.9 HANSEN SUPPL', CAN 5.433.0 1.499.4• 0.0 26.9 26.9 4.070.6 0.4 DIXON FEEDER CANAL 31.685.0 2.329.4 6.333.2 0.0 6.333.2 27.823.7 20.4 TOTAL HORSETOOTH RESERVOIR 142.094,0 ' 3.539.3- 6.338.2 10.513.1 16.851.3 119.541.8 11.8 TOTAL •ABOVE FLATIRON 1.500.0 42.0- 57.6 28.1 85.7 1,372.3 5.7 BIG THOMPSON RIVER 39,415.0 1.263.7- 0.0 294.4 294.4 35.723.3 3.7 LONER PLATTE RIVER 3.177.0 1.100.0 0.0 0.0 0.0 9.157.0 0.0 HANSEN FEEDER CAN 4.634.0 161.5 969.4 517.5 1.486.9 4.204.0 31.7 TOTAL HANSEN FEEDER CANAL 52.276.0 2.2- 969.4 311.9 1.781.3 49.429.3 3.4 LITTLE THOMPSON RI 9.780,0 592.5 0.0 661.4 661.4 10.345.8 6.7 ST VRA1N SUP CANAL 16.944,0 106.6 1.350.6 453.0 2.303.6 14.396.6 13.6 ST URRIN RIVER 44.369.4 1.106.1 0.4 959.4 959.4 44.235.7 2.3 BOULDER FEEDER CAN 5.322.0 315.9 0.0 1.203.3 1.203.3 5.429.6 20.7 BOULDER CR SUP CAN 3.908.0 150.3 0.0 338.4 338.4 4.719,9 8.6 BOULDER CREEK 36.530.3 312,6 0.0 1.676.3 1.676.2 34.665.3 4.5 TOTAL CARTER LAKE 113453.4 3.584,0 1.850.6 5.297.3 7.147.9 113.353.4 6.2 XS= ;Sass eanees;errs;sane nun reams rernsees;r;a;;aa TOTAL - QUOTA 'DATER 339.723.0 0.0 9.215.8 16.650.4 25.866.2 223.356.3 3.3 TOTAL - REPL PATER 3.019.0 0.0 385.2 255.4 640.6 2.378.4 21.2 7 C ;CSeC CUe;; tit= IhnlItz Zia===itlar,---=====CMIESSZ et= arts TOTAL CBI RATER 312.742.0 0.0 9.601.0 16.905.2 26,506.8 286.235.2 8.4 NORTHERN COLORADO WATER CONSERVANC7 DISTRICT COLORADO-81G THOMPSON WATER DELIVER? REPORT -- MONTH OF NAV 1939 DITCH AND BALANCE TRANSFERS DELIVERIES BALANCE DELIVER' POINT 4-30-89 QUOTA DEBIT CREDIT PREVIOUS MAY TOTAL 5-31-89 Arthur 224.0 96.0 320.0 Box Eider 15.0 15.0 50.0 Box Elder Channel 140.0 60.0 54.6 54.6 145.4 Canyon Canal 105.0 45.0 31.5 12.8 12.3 168.7 Greeley. City of 8.713.5 5.638.2 3.610.0 10.821.7 Ideal Basic Ind Inc 612.5 262.5 150.0 525.0 Jackson 21.7 9.3 7.0 24.0 Lake Canal 2.166.5 928.5 35.0 3.130.0 Luiaer 2 Weld 14.939.1 6.382.5 1.364.1 3.568.4 23.575.9 Lariaer County 112 606.9 260.1 13.2 82.5 431.3 Lt1 Cache 1: Paudre 116.9 50.1 167.0 New Cache la Paudre 7.504.7 3.332.3 6.000.0 15.6 4.852.6 Now Mercer 936.6 401.4 366.0 1.704.0 North Paudre 28.000.0 12.000.0 1.062.0 3.000.0 3.743.3 3.743.3 33.194.2 Pat Griffin Co 22.4 9.6 32.0 Pleasant Ual I Lake 422.3 138.4 611.2 Water Suo 8 Stet 6.155.7 1.721.7 99.4 641.5 1.675.0 1.675.0 6.744.5 Whitney 455.0 195.0 650.0 TOTAL - POUDRE RIVER 71.303.3 31.595.6 12.510.7 7.740.5 0.0 10.436.2 10.436.2 87.647.5 Brewster D H 280.0 120.0 400.0 Eastaan Kodak Co 2.970.1 1.376.4 1.106.0 3.240.5 Braves/MAC Co 315.0 135.0 7.0 26.9 26.9 430.1 TOTAL - HANSEN SUPPL? CAN 3.565.1 1.631.4 1.106.0 7.0 0.0 26.9 26.9 4.070.6 CRT - 2 - MAY 1939 DITCH AND BALANCE TRANSFERS DELIVERIES BALANCE DELIVERY POINT 4-30-89 QUOTA DEBIT CREDIT PREVIOUS MAY TOTAL 5-31-89 Ault. Toun of 117.3 117.3 O.•;on Reservoir Co 45.5 19.5 65.0 East Lather Co BD 1,090.9 370.6 70.4 2.031.9 Eaton. Torn of 260.1 260.1 Ft Collins. City of 8.363.4 4.816.2 966.0 1.075.C 3.533.4 3.533.4 13.293.6 Ft Collins-Loveland WO 3.372.9 1.649.1 2.500.0 1,231.0 4.303.0 La Salle. Tam of 26.6 11.4 26.6 11.4 Millar Trust 2 Miller 30.5 34.5 115.0 Minatta E 42.0 18.0 60.0 Noel W R 66.5 23.5 95.0 North Weld Co WO 1.377.0 783.1 1.000.4 897.0 2.057.1 Northern Colorado Water Assn 1.4 0.6 1.4 0.6 Pierce. Town of 21.0 50.0 71.0 Soldier Canyon Filter Plant 304.0- 3.504.0 2.324.3 2.304.3 3.195.2 State Board of Aoric 1.054.9 452.1 50.0 1.457.0 Sunsat Water Dist 25.5 25.5 West Ft Collins WC 266.3 398.7 665.0 TOTAL - DIXON FEEDER CANAL 15.983.1 9.506.2 4.544.0 6.873.4 6.332.2 0.0 6.332.2 27.823.7 TOTAL HORSETOOTH RESERUCIR 90.861.5 42.733.2 18,160.7 14.620.9 6.338.2 10.513.1 16,851.3 119.541.8 Bald Mountain Water Assn 12.1 6.0 1.9 1.9 18.1 Crustal Water Ccwanu 45.6 45.6 0.0 Este; Colt 2 Country Club 54.0 54.0 Estes Park. Torn of 559.2 259.2 818.4 Estes Ualleu Ric 6 Park 210.7 23.1 23.1 23.1 205.7 6ottbera R E 42.0 18.0 42.0 18.0 Hewlett Packard Conant! 137.1 45.9 153.0 Narall-Warnock Biter Assn 13.5 6.9 2.6 2.6 20.4 Park School Dist R-3 13.2 13.2 Prosaect Mtn Water Co. Inc 16.2• 10.2 7.5 7.5 26.5 Thunder Mountain Water 17.5 7.5 25.0 ;MCA of the Rockies 14.4 6.0 20.0 TOTAL ABOUE FLATIRON 992.4 450.0 42.0 0.0 57.6 28.1 85.7 1.372.3 C8T - 3 - NAY 1939 DITCH AND BALANCE TRANSFERS DELIVERIES BALANCE DELIVER" POINT 4.30-89 QUOTA DEBIT CREDIT PREVIOUS NAV TOTAL 5-31-39 Berthoud. tarn of 363.9 158.1 527.0 Sip T S Platte 45.5 19.5 65.0 Big T Ditch 8 Mfg 56.0 24.0 80.0 Buckhern Water sors 157.4 157.0 157.0 0.0 Faroe; 455.0 145.0 36.0 686.0 George Rist 47.6 20.4 34.0 34.0 34.0 68.0 Oreelev-Loveland 6.369.1 2.943.9 426.7 188.2 9.574.5 Handy 4,772.3 2.044.2 358.0 61.0 6.520.0 Hill t Brush 18.9 3.1 27.4 Hillsboro 533.4 223.6 60.0 822.0 Memo Suoely 4.835.6 2.069.4 84.0 327.0 35.4 35.4 7.112.6 Louden 2.673.3 1.145.7 31.5 67.9 3.855.4 Loveland. City of 4.277.6 2.749.8 1.337.6 5.689.8 South Side 443.7 192.3 7.0 18.0 13.0 616.0 Spruce Lake R/U Park 7.0 3.4 10.C Uindcliff Property Driers Assn 52.5 22.5 75.0 TOTAL - 810 THONPS0t4 RIVER 25.461.9 11.324.5 2.244.3 931.1 0.0 294.4 294.4 35.723.3 Bijou 753.2 322.8 1.076.0 Control Colo UCD 1.100.0 1.100.0 Fort Morgan. City of 523.2 277.0 806.0 Lover lathe. 138.5 46.5 155.0 Morcer. Co Quality Water Dist 14.0 6.0 20.0 Riverside Irrigation Dist 4.203.4 1.300.0 6.000.0 T01AL - LOWER PLATTE RIVER 5.603.9 2.453.1 0.0 1.100.0 4.4 0.0 0.0 9.157.0 Arkin: Dater Association 142.6 75.6 33.8 11.3 45.1 206.9 8uckhorn pater User; 2.055.1 393.2 157.4 81.9 50.5 219.4 269.9 2.658.8 Eiissaries of Divine Light 222.4 101.7 14.9 29.2 44.1 294.9 Loveland. City of 257.6 335.6 257.6 1.093.2 0.0 Spring Canyon Os District 53.5 39.9 34.6 34.6 98.4 Western Sugar Coloanu 655.2 230.3 936.0 VAek 8 H (Cottonwood? 21.0 9.0 21.0 9.0 TOTAL HANSEN FEEDER CAN 3.154,8 1.405.2 178.0 339.5 969.4 5:7.5 1.486.9 4,204.0 TOTAL HANSEN FEEDER CANAL 34.220.6 15.682.8 2.422.5 2.420.6 969.4 811.9 1.781.3 49,089.3 CBT - 4 - NAY 1939 DITCH AND BALANCE 'RAHSFERS OELIUERIES MAKE DELIVERY POINT 4-30-89 QUOTA DEBIT CREDIT PREVIOUS MAY TOTAL 5-31-89 Blower 34.3 14.7 7.0 56.0 Boulder 4 Larder 574.0 246.3 24.0 344.0 Culver 157.5 64.5 116.5 338.5 Eagle 239.4 102.6 16.0 57.4 57.4 300.6 Eglir, 30.0 24.0 24.0 6.0 ide 3 Starbird 4(7.2 175.5 20.0 612.7 Miner 4 Longer, 234.5 100.5 28.2 28.2 306.8 Her 1sh 5.443.0 2.067.0 140.0 467.0 551.3 551.3 7.285.2 Osborn R Cauwood 147.0 63.0 4.0 214.0 Rockwell 233.3 (00.2 43.0 382.0 TOTAL - LITTLE THONPSON RI 7.480.7 2.934.0 140.0 732.5 0.0 661.4 661.4 10.345.3 Callahan T L 3.3 3.3 Cethev C H 5.0 5.0 Central Ue14 Co WD 2.735.4 1.056,6 2.465.4 769.5 2.096.1 Dacono. City of 503.3 215.7 400.0 319.0 Dollichan N C 105.0 45.0 150.0 Edds 0 C 7.4 1.4 10.0 Evans. City of 273.3 273.3 Firestone. Town of 180.8 (93.2 150.0 224.4 Frederick. Tarn of 86.3 37.2 124.0 3llcrest. Town of 3.4 3.6 12.0 Mainline K F 10.5 4.5 15.0 Irwin4USSR 18.9 3.1 27.0 Kasen, Torn of 235.9 101.1 159.5 177.5 Lauchli H A 7.0 3.0 10.0 Longmont. City of 441.2 441.2 441.2 4.0 It! Thomson VD (Inc N Cartel 2.453.0 1.829.4 314.0 2.465.4 1.550.6 1.350.6 5.933.3 Milliken. Torn of 142,S 61.2 204.0 North Carter Lake Water Dist 25.2 10.3 36.0 Parrish J 56.0 24.0 80.0 Platteville, Torn of 116.9 50.1 116.9 `0.1 Polorchak v n 17.5 7.5 25.0 Reed/Adams/Hallett 14.0 6.0 12.9 0.2 0.2 38.7 Sties R - Gallagher L 2.8 1.2 4.4 Suoolv 2.903.1 1.154.9 13.9 526.3 11.6 11.6 4.558.8 ueesilDrosiclose 10.5 4.5 5.0 20.4 TOTAL - ST URAIM SUP CANAL 9.645.3 5.097.2 4.124.7 4.231.3 1.850.6 453,0 2.303.6 14.396.6 CRT - 5 - NAY 1939 DITCH AND BALANCE TRANSFERS DELIVERIES BALANCE DELIVERY POINT 4-30-81 QUOTA DEBIT CREDIT PREVIOUS NAY TOTAL 5-31-89 Chapman-Mc Ca;lin 17.5 7.5 25.0 Clough Private 1.4 0.6 2.0 Clover Basin 28.0 12.0 3.5 43.5 Caui; a Dozing 303.3 130.2 434.0 Dernio 8 Takao! 37.1 15.9 11.2 41.8 Highland 12.543.2 4.134.3 134.4 2.716.7 206.6 206.6 19.053.7 James 281.4 120.6 402.0 • Longmont Supply 32.9 14.1 47.0 Longmont. City of 7.516.3 3.245.7 726.3 752.8 752.8 9.282.9 Lyons. Torn of 234.8 109.2 100.0 244.0 Nivot 35.0 15.0 50.0 Oligarchy 452.1 150.9 603.0 Palmerton 43.7 9.3 10.0 63.0 Peck 204.4 37.6 70.0 128.1 350.1 Public Service Co of Colo 6.997.9 2.999.1 800.0 9.197.D Rough 2 Ready 2.069.6 743.4 89.7 2.902.7 South Ledge 70.0 30.0 100.0 Suada 1:5.4 396.6 1.322.0 Union Ditch 92.4 39.6 132.0 TOTAL • ST URAIN RIVER 31.8886.9 12.262.1 1.841.9 2.948.0 0.0 959.4 959.4 44.295.7 Boulder. City of 815.9 315.9 315.9 0.0 Colorado Cement Ent.erorises 33.5 16.5 55.0 LtFthand Ditch Co. 3.924.9 1.692.1 392.4 392.4 5.214.6 Star 112.0 48.0 160.0 TOTAL - BOULDER FEEDER CAN 4.075.4 1.746.6 0.0 815.9 0.0 1.208.3 1.208.3 5.429.6 Boulder a Lefthand 320.6 137.4 45.5 503.5 Boulder 8 Vhiteroct 3.153.9 923.1 152.8 336.8 336.8 3.893.0 Boulder Country Club 205.1 37.9 293.0 Diagonal voter S Sanit Dist 56.0 24.0 48.0 32.0 Stonegate Associates 1.6 1.6 1.6- TOTAL - BOULDER CR SUP CAN 3.735.6 1.172.4 48.0 193.3 0.0 333.4 333.4 4.719.9 I CBT - 6 - MAY 1939 DITCH AND BALANCE TRANSFERS DELIVERIES BALANCE DELIVER'; POINT 4.30-89 QUOTA DEBIT CREDIT PREVIOUS MAY TOTAL 5-31-89 Boulder 8 Weld 322.7 138.3 235.0 696.0 Boulder. tity of 13.549.5 6.235.5 1.477.9 314.2 314.2 17.492.9 Carr 8 Tyler 35.0 15.0 50.0 Coal Ridge 574.0 244.0 75.0 395.0 Dailey t Pluto 35.0 15.0 50.0 Gadding 227.5 97.5 325.0 Leggett 1.171.1 501.9 11.0 225.0 1....7.0 Lover Boulder 1.207.5 517.5 350.0 2.075.0 North Bldr Carters 46.2 19.3 45.5 20.5 Platte Valley Irrigation Co 7.224.0 3.096.0 10.320.0 Public Service Co of Colo 200.0 800.0 300.0 0.0 Silver Lake 662.0 62.6 62.6 599.4 Stith 8 Errors 173.5 76.5 255.0 TOTAL BOULDER CREEK 24.571.0 10.959.0 1.534.4 2.347.0 0.0 1.676.3 1.676.8 34.665.8 TOTAL CARTER LAKE 81.3395.4 34.171.33 7.683.0 11.273.0 1.850.6 5.297.3 7.147.9 113.853.4 mmalamema===m=maemmama=a=m= _==aaeeeer_aa__s _amammmaemmm TOTAL . QUOTA WATER 207.469.9 93.037.3 28.314.5 28.314.5 9.215.8 16.650.4 25.866.2 283.856.8 PREVIOUS QUOTA CERT. 216.605.7 ==a=a====a QUOTA CERT. 7-T-D 309.723.0 REPLACEMENT WATER Dixon Reservoir Co (Reel` 469.0 469.0 Dry Creek Roof) 1.353.0 131.2 209.6 340.3 1.144.2 Estes Park.. Tan of (Rev 452.3 47.2 45.8 13.0 407.4 Hertha :Handy) tiled') 165.0 165.0 State Board of Agric tReo1) 193.2 206.8 206.2 193.2 I3mmmlmlamaa==1a=13m=1=m=melamamama==1 ILexaaamsaaaaaaaa=amt s==s=maaax=tmsriaasla TOTAL - REPL WATER 2.633.0 0.0 C.0 0.0 385.2 255.4 640.6 2.378.4 PREVIOUS REPL ISSUED 3.011.0 meaammem==m REPL ISSUED 'i-T-4 3.019.0 ___=====m====a===amsmammaeameeaaso oat===a=s====ao==ar z a 211114323934 =amaemaamam TOTAL COT WATER 210.103.7 93.037.3 28.314.5 28.314.5 9.601.0 16.905.8 26.546.8 286.235.2 PREVIOUS CBT ISSUED 219.704.7 mmmemearmr_ CBT ISSUED V-T-D 312.742.0 " • toll Stat. UNITED STATES ) S NUCLEAR REGULATORY COMMISSION f WASHINGTON,D.C.20555 ° • '�, •••• +0` June 5, 1989 IMPC Docket No. 50-267 ' CECTI Sc Mr. R. 0. Williams, Jr. ' } =r - - Senior Vice President, Nuclear Operations f�,h JUN 1 2 7989 t I Public Service Company of Colorado Post Office Box 840 Denver, Colorado 80201-0840 CAECLw• caL.O. Dear Mr. Williams: SUBJECT: RELEASE OF DRAFT REGULATORY GUIDE TO PUBLIC SERVICE COMPANY OF COLORADO (TAC NO. 69515) Please find enclosed the draft Regulatory Guide, "Assuring the Availability of Funds for Decommissioning Nuclear Power Reactors," Task CE 025-4. to Public Service Company of Colorado (PSC) for your use in preparing the Preliminary Decommissioning Plan for the Fort St. Vrain reactor. The guide will assist you in determining the appropriate level of detail of the information to be included in support of the cost estimate for decommissioning. This letter, which is being entered into the Public Document Room releases the guide to PSC in accordance with NRC Manual Chapter 3203. Sincerely, %C -f_ Kenneth L. Meitner, Project Manager Project Directorate - IV Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation Enclosure: As stated cc w/enclosure: See next page ) Mr. R. 0. Williams, Jr. Public Service Company of Colorado Fort St. Vrain cc: Mr. D. W. Warembourg, Manager Albert J. Haile, 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, Manager Mr. Charles H. Fuller Fort St. Vrain Services Manager, Nuclear Production GA International Services Corporation and Station Manager 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. Bret', Manager Nuclear Licensing and Resource Mr. P. F. Tomlinson, Manager Management Division Quality Assurance Civision Public Service Company of Colorado Public Service Company of Colorado P. 0. Box 840 16805 Weld County Road 19-1/2 Denver, Colorado 80201-0840 Platteville, Colorado 80651 Senior Resident Inspector Mr. D. D. Hock U.S. Nuclear Regulatory Commission President and Chief Executive Officer P. O. Box 640 Public Service Company of Colorado Platteville, Colorado 80651 Post Office Box 840 Denver, Colorado 80201-0840 Kelley, Standfield b O'Donnell ATTN: Mr. J. K. Tarpey Commitment Control Program Public Service Company Building Coordinator . Room 900 Public Service Company of Colorado 550 15th Street 2420 W. 26th Ave. Suite 100-D Denver, Colorado 80202 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 80631 Regional Representative Radiation Programs Environmental Protection Agency 1 Denver Place 999 18th Street, Suite 1300 Denver, Colorado 80202-2413 11 + 0..,C„.C U.S. NUCLEAR REGULATORY COMMISSION May ' ` , OFFICE OF NUCLEAR REGULATORY RESEARCH Y 1989 t Division 1 *. •� DRAFT REGULATORY GUIDE Task DG-1003 Contact: F. P. Cardil ram 4o m 7i ASSURING THE AVAILABILITY OF FUNDS FOR DECOMMISSIONING NUCLEAR REACTORS A. INTRODUCTION The general requirements for applications for license termination and deco- missioning nuclear reactors are contained in 10 CFR Part 50, "Domestic Licensing of Production and Utilization Facilities." On June 27, 1988, the Commission published amendments to 10 CFR Part 50 (53 FR 24018) concerning specific criteria for decommissioning nuclear facilities. Amended 10 CFR 50.33(k), 50.75, and 50.82(b) require operating license appli- cants and existing licensees to submit information on how reasonable assurance will be provided that funds are available to decommission the facility. Amended S 50.75 establishes requirements for indicating how this assurance will be pro- vided, namely the amount of funds that must be provided, including updates, and the funding methods to be used. This regulatory guide has been developed in conjunction with the rule amendments and is being published for public comment. Its purpose is to provide guidance to applicants and licensees of nuclear reactors concerning methods acceptable to the NRC staff for complying with requirements In the amended rule regarding the amount of funds for decommissioning. It also provides guidance on the content and form of the funding methods indicated in the rule amendments. Any information collection activities mentioned in this draft regulatory guide are contained as requirements in 10 CFR Part 50, which provides the reg- ulatory basis for this guide. The information collection requirements in 10 CFR Part 50 have been cleared under OMB Clearance No. 3150-0011. this regulatory guide is peing issued in draft fors to involve the public in the early stages of the develop- m ent of a regulatory position in this area. It Ms not racaired complete staff review and does not represent an official NRC staff position. Public Cements are being solicited on the draft guide (including any implementation schedule) and its associ. ated regulatory analysis or value/impact statement. Comwnts should be accompanied by appropriate supporting data. Written convents may be submitted to the Regulatory Publications ',ranch. DPI►S, Office of Administra- tion and Resources received AMY be examined at the ment, UNRC Public.S. rDocumentoRoom. 2120iI. Street iNW.nWshington, D DC 2055S. C. Comments opies of willabe most helpful if received by Repasts for single copies of draft guides (which may be reproduced) or for placement on an automatic distri. Dutton list for single copies of future draft guides in specific divisions should Co made in writing to the U.S. Nuclear Regulatory Comaission, Washington, DC 20555, Attention: Director, Division of Information Support Services. B. OISCUSS₹ON Decomissioning means to safely remove nuclear facilities from service and reduce residual radioactivity to a level that permits release of the property for unrestricted use and termination of the license. As used in this context, the term "nuclear facilities" refers to the site, buildings and contents, and equipment associated with any NRC-licensed activity. There are three primary methods of decommissioning nuclear reactors. DECON is the method in which the equipment, structures, and portions of a facility and site containing radioactive contaminants are removed or decontami- . nated to a level that permits the property to be released for unrestricted use shortly after cessation of operations. SAFSTOR is the method in which the nuclear facility is placed and main- tained in a condition that allows the nuclear facility to be safely stored and subsequently decontaminated (deferred decontamination) to levels that permit • release for unrestricted use. ENTOMB is the method in which radioactive contaminants are encased in a structurally long-lived material, such as concrete. The entombed structure is appropriately maintained, and continued surveillance is carried out until the radioactivity decays to a level permitting unrestricted release of the property. In order that a lack of funds does not result in delays in or improper con- duct of decommissioning that may cause health and safety problems for the public, the rule amendments on decommissioning require that applicants and licensees provide reasonable assurance that adequate funds for performing decommissioning will be available at the end of operation. To provide this assurance, the rule requires that two factors be considered, namely, the amount of funds needed for decommissioning and the funding method used. 1. AMOUNT OF FUNDS FOR DECOMMISSIONING Estimating the correct amount of funds needed for decommissioning is impor- tant to prevent funding shortfalls that could adversely affect public health and safety. Provisions for establishing funding amounts for decommissioning are required by 10 CFR 50.33(k), 50.75, and 50.82(b). specifically: 2 a. An initial amount established at the operating license stage (for existing licensees, by July 26, 1990) (paragraph 50.33(k)); b. Adjustments to the amount over the-operating life and storage period, if any, of the facility. Specifically, paragraph 50.75(b) requires each licensee to annually adjust the initial amount by use of the equation in paragraph 50.75(c)(2); in addition, paragraph 50.75(f) requires each licensee to submit, about 5 years prior to the projected end of operation, a preliminary decommissioning plan containing a cost estimate based on an up-to-date assessment of major technical factors that could affect planning for decommissioning; c. A detailed cost estimate to be made at the time the licensee applies to the Commission for authority to decommission (4 50.82). As indicated in paragraph 50.75(b), each electric utility applicant and licensee is to provide certification of financial assurance as stipulated in the regula- tions. The specific information noted in b and c above must also be provided at - the appropriate time. The certification amounts in paragraph 50.75(c)(1) act as threshold review levels and, while not representing the actual cost of decommis- sioning for specific reactors, are reference levels established to assure that licensees demonstrate adequate financial responsibility in that the bulk of the funds necessary for a safe decommissioning are being considered and planned for early in facility life, thus providing adequate assurance that the facility would not become a risk to public health and safety when it is decommissioned. To estimate increases in the cost of decommissioning over the operating life of the facility, paragraph 50.75(c)(2) contains a formula to estimate inflation in the labor, energy, and waste burial components of decommissioning costs. As indicated in paragraph 50.75(d), each non-electric-utility applicant and licensee is to submit a cost estimate for decommissioning its facility. The initial cost estimate is not an exact accounting of the actual cost of decommis- sioning but is intended to provide an approximation of what decommissioning the reactor will cost at the proposed time of decommissioning. This estimate may be based on information from the literature (e.g. , generic studies, licensee models, experience). Battelle Pacific Northwest Laboratory (PNL) has made detailed cost estimates of the conceptual decommissioning for research and test reactors (Ref. 1) that provide reasonable estimates of the costs of decommissioning. 3 The cost estimate required five years before the projected end of operation _ is intended to ensure that all licensees consider relevant up-to-date informa- tion that could be important to adequate planning and funding for decommission- ing prior to its commencement. It is expected that the decommissioning fund available at the time of reactor shutdown will not differ significantly from the actual costs of decommissioning. 2. FUNDING METHODS The rule amendments in 5 50.75 indicate the general requirements for fund- ing methods that are considered acceptable for providing reasonable assurance of the availability of funds for decommissioning nuclear reactors. The funding methods and how they are evaluated are discussed in detail in the supplementary information to the final rule amendments on "General 'Require- ments for Decommissioning Nuclear Facilities" (53 FR 24018), in an NRC staff report (Ref. 2), and in the Generic Environmental Impact Statement on Decommis- . honing Nuclear Facilities (Ref. 3). These documents present a rationale for the acceptability of funding methods. Section 50.75 of the rule amendments indicates that the following funding methods are acceptable for power reactors (a glossary of these terms is provided in Appendix A). • Prepayment - can be in the form of a trust, escrow account, or government-held fund using certificates of deposit, deposits of government securities, or other investments. - Guarantee Method - can be in the form of surety bonds, letters of credit, or insurance; for non-electric-utility applicants and li- censees, parent company guarantees may be used. • External Sinking Fund - can use types of accounts similar to those described above for prepayment but which are amortized over the re- maining operating life of the reactor; for non-electric-utility applicants and licensees, the rule amendments indicate that this method must be coupled with a guarantee method. 4 • Statement of Intent by a government agency, if applicable, indicates that funds for decommissioning will be obtained when necessary. In order to simplify the preparation, submittal , and review of information on funding methods, the Commission has prepared NUREG-1336, "Interim Guidance on the Standard Format and Content of Financial Assurance Mechanisms Required for Decommissioning under 10 CFR Parts 30, 40, and 70" (Ref. 4). This document contains recommended wording for financial assurance instruments. Because the basic financial assurance instruments are common for materials licensees and reactor licensees, the recommended wording in NUREG-1336 is included in this regulatory guide in Appendix B and is referenced in Regulatory Position 2. C. REGULATORY POSITION This section describes methods of implementing the general requirements for financial assurance for reactor licensees and applicants who must comply with 10 CFR Part 50. Regulatory Position 1 provides guidance to applicants anq licensees on establishing the amount of funds necessary for decommissioning as required by the regulations. Regulatory Position 2 provides guidance on funding methods acceptable to the NRC. 1. AMOUNT OF FUNDS FOR DECOMMISSIONING 1. 1 Initial Amounts To Be Set Aside 1.1.1 Electric Utility Applicants and Licensees For electric utility applicants and licensees, the initial amount of funds for decommissioning is based on the equations in paragraph 50.75(c)(1). At its discretion, an electric utility licensee may submit a certi- fication based either on the formula provided in paragraph 50.75(c)(1) or on a facility-specific cost estimate that is equal to or greater than that calculated in the formula in paragraph 50.75(c)(1). If the amount stated in the certifi- cation is based on a cost estimate for decommissioning the facility and the amount is more than that stated in the table of paragraph 50.75(c)(1), details 5 of the cost estimate need not be submitted -because the prescribed amount in the . rule represents a threshold review level , and amounts in excess of that would not be a matter for NRC consideration. For estimates below the amount stated in the table of paragraph 50.75(c)(1), licensees should submit an exemption request containing details as outlined in Regulatory Position 1.4. 1.1.2 Non-Electric-Utility Applicants and Licensees For non-electric-utility applicants and licensees, the initial amount of funds is to be based on a cost estimate for decommissioning the facility and submitted to the NRC in a report required by paragraph 50.33(k). The initial cost estimate for decommissioning need not be an exact accounting of the actual cost of decommissioning, but rather an estimate of the costs for decommissioning the reactor. The PNL studies (Ref. 1) may be used by applicants or licensees for initial cost estimates with suitable adjustments to account for facility- specific differences as discussed in Regulatory Position 1.4.2. The level of detail necessary to support the cost estimate is discussed in Regulatory Position 1.4. • 1.2 Adjustments to Funds Set Aside For electric utility applicants and licensees, funds set aside according to Regulatory Position 1.1 are to be adjusted annually based on paragraphs 50.75(b) and (c)(2). The adjustment factor in paragraph 50.75(c)(2) is 0.65L + 0.13E + 0.228 where L, E. and B are escalation factors for labor,'energy, and waste burial respectively. Although these adjustments are to be made annually, they need not be submitted to the NRC. The escalation factor for labor, L, can be obtained from "Monthly Labor Review," published by the U.S. Department of Labor, Bureau of Labor Statistics (BLS). Specifically, the appropriate regional data from the table (currently Table 24) entitled "Employment Cost Index, Private Nonfarm Workers," subtitled "Compensation," should be used. L should be escalated from a base value in Table 24 corresponding to the amounts in the decommissioning rule amendments that are in January 1986 dollars. The base values of L from the 8LS data correspond- ing to January 1986 are 130.5, 127.7, 125.0, and 130.1 for the Northeast, South, 6 Midwest, and West regions, respectively. For example, the value of L for _ December 1987 in the Northeast region is 141.9 + 130.5 = 1.087. This value of L could then be used in the equation in paragraph 50.75(c)(2) of the rule amendments. The escalation factor for energy, E, can be obtained from the "Producer Price Indexes," published by the U.S. Department of Labor, BLS. Specifically, data from the table (currently Table 6) entitled "Producer Price Indexes for Commodity Groupings and Individual Items" (PPI) should be used. The energy term, E, in the equation in paragraph 50.75(c) of the decommissioning rule amend- ments is made up of two components, namely electric power, P, and fuel oil, F. Hence E should be obtained from the BLS data by using the following equations: for the reference PWR, [0.58P + 0.42F], and for the reference BWR, [0.23P + 0.77F]. 3 P should be taken from appropriate regional data for industrial power (Commodity code 0543 in Table 6) and F should be taken from data for light fuel oils (Commodity code 0573 in Table 6). As discussed for L in the preceding paragraph, P and F should be escalated from a base value in the BLS table cor- responding to the amounts in the decommissioning rule amendments that are in January 1986 dollars. •The base values of P from the BLS data corresponding to January 1986 are 105.8, 111.9, 115.3, 115.65, 119.3, 117.4, 111.4, 119.3, and 112.2 for the following regions, respectively: New England, Mid-Atlantic, East North Central , West North Central , South Atlantic, East South Central , West South Central , Mountain, and Pacific. The base value of F for January 1986 is 82 (no regional BLS data for PPI is available). Thus, for example, the value of P for July 1988 in the New England region is 93.3 + 105.$ = 0.88 and the value of F is 46.9 ; 82 = 0.57; therefore the value of E in this case for the equation in paragraph 50.75(c) for the reference PWR is [0.58 x 0.88 + 0.42 x 0.57] = 0.75. The escalation factor for waste burial , B, can be taken directly from data on the appropriate waste burial location in Table 2.1 of NUREG-1307, "Report on Waste Burial Charges." (Ref. 7). The base value of B, independent of the burial site location, for January 1986 is 1.0 (this corresponds to the value used in the eIT she equations are derived from Table 6.3 of NUREG/CR-0130, Addendum 4 (Refer- ence 5) and Table 5.3 of NUREG/CR-0672, Addendum 3 (Reference 6), respectively. 7 calculation of the waste burial cost for decommissioning in paragraph 50.75(c). - for example, the value of B in January 1988 for the South Carolina burial site is 1.536 _ 1.0 = 1.536. This value of B could then be used in the equation in paragraph 50.75(c)(2). Because this formula does not provide for estimates of future inflation but only of inflation that has already occurred, licensees should recalculate the certification amount each year using the previous year's data as described in paragraph 50.75(c)(2). This recalculation is for certification purposes only and does not affect estimated future inflation that a licensee may calculate to establish amortization schedules for rate-making purposes. One approach the NRC staff would find acceptable would be for licensees to use approximately straight- line amortization schedules adjusted periodically to reflect inflation. For non-electric-utility applicants and licensees who have prepared a decommissioning cost estimate, adjustments to the cost estimate should•also be prepared annually but need not be submitted to the NRC staff (see Regulatory Position 1.5). . 1.3 Cost Estimates in the Preliminary Decommissioning Plan • Paragraph 50.75(f) requires that, about 5 years prior to the projected end of operation, a preliminary decommissioning plan be submitted containing a cost estimate for decommissioning and an up-to-date assessment of the major technical factors that could affect planning for decommissioning. This estimate is to consider relevant up-to-date information that could be important to adequate planning and funding for decommissioning before the commencement of decommis- sioning. The major factors include the anticipated decommissioning method, major technical factors necessary to carry out decommissioning safely, the cur- rent situation with regard to disposal of high-level and low-level radioactive waste, residual radioactivity criteria, as well as other site-specific condi- tions that could affect decommissioning planning and cost. The assessment would include preparation of a cost estimate as in Regulatory Position 1.4. 8 1.4 Basis for Decommissioning Cost Estimates 1.4.1 General - 1.4.1. 1. Cost estimates for specific reactors may be developed using the studies performed by Battelle Pacific Northwest Laboratory (PNL) and Oak Ridge National Laboratory (ORNL) (Refs. 1, 5, 6, 8, and 9) as a basis. Appro- priate adjustments to account for differences between the specific reactor and the reference case in the PNL and ORNL studies should be made based on Regula- tory Position 1.4.4 of this guide. 1.4.1.2. Studies other than the PNL and ORNL studies may be used to estimate decommissioning costs. The reasonableness of the estimate should be shown by indicating the bases used (e.g. , NUMARC (formerly AIF) studies, other generic studies, licensee model , recent experience), and the principal assump- tions used in the estimate as discussed in Regulatory Position 1.4.4. 1.4.2 Scope of Cost Estimate . In preparing cost estimates for submittal to NRC, costs of all ac- tivities involved in normal decommissioning necessary for termination of the license should be included (see Regulatory Position 1.4.4). Costs of removal and disposal of nonradioactive structures and materials beyond that necessary for license termination should not be included as part of the decommissioning cost. Also, costs of removal and disposal of the spent fuel itself should not be included because this is considered an operational cost and is covered by other regulatory provisions (e.g. , paragraph 50.54(bb)). However, the cost of removal and disposal of facilities involved in onsite storage of spent fuel should be included as part of the decommissioning cost. 1.4.3 General Considerations 1.4.3.1. The estimates should be based on technology current at the time the estimate is prepared. 1.4.3.2. The estimate should indicate the year that dollars in the costs are based on. 9 1.4.3.3. The estimates should be based on existing guidance and cri- - teria on residual radioactivity and occupational exposure. Guidance on residual radioactivity is being developed for publication by the NRC staff. 1.4.4 Details of Cost Estimates 1.4.4.1. In arriving at cost estimates, major decommissioning activities such as the following should be considered: • Planning and preparation of the facility and site for decommis- sioning includes labor and materials necessary to gather and analyze pertinent data, develop work plans and procedures, procure special equipment and contractors, train staff, prepare documenta- tion for regulatory agencies, and other engineering activities. Decontamination and dismantling of radioactive facility structures, systems, and components includes the labor to carry out these activi- ties, the equipment and supplies used (e..g. , decontamination chemicals, dismantling equipment), and the power requirements. • Packaging, shipment, and burial of radioactive wastes includes quanti- ties and types of waste requiring disposal (e.g. , neutron-activated materials, contaminated materials, wet and dry radwastes), and unit costs for containers, shipments, and burial. • The final radiation survey includes labor and materials to complete the tasks associated with the final survey. 1.4.4.2. Information in the PNL studies or in other studies or study bases may be used in developing costs for the activities listed above in Regu- latory Position 1.4.4.1. If the PNL studies are used, costs for the specific facility being considered should be obtained by adjusting the study costs to include those principal factors specific to that facility. If other studies are used, a summary should be included that indicates the principal factors used in the estimates. The following principal factors should be included: 10 1. The estimated conditions at the time of facility shutdown, - including radionuclide inventories and component and surface dose rates. (Esti- mates in the PNL studies may be useful in developing this information. ) 2. Inflation occurring between the time the studies were completed and the time the facility-specific cost estimate is made, including the basis for inflation factors. 3. Major facility design and layout differences from the studies that could significantly influence decommissioning costs. 4. The cost of labor. The estimated staff-years to complete the major decommissioning activities discussed above should be indicated, including the bases for the estimate. Data in the PNL studies on staff-years may be used. In addition, unit costs of labor specific to the locale in which the decommis- sjoning is to take place should be indicated. If contractors are expected to be used to perform major decommissioning tasks, this should be indicated and the effect on labor cost (as well as other costs) should be described and its effect estimated. 5. The cost of energy. The estimated energy usage during the major decommissioning activities discussed above should be indicated, including the bases. Data in the PNL studies on energy may be used. In addition, unit costs of energy such as electricity and fuel oil . specific to the locale in which the facility is located, should be indicated. 6. Waste disposal costs. For the wastes discussed above, the estimated number of containers and casks to be packaged, shipments to be made, and burial volumes .should be indicated. Special charges such as curie or liner surcharges, special containers, and overweight shipments should be indicated, including the bases for the estimates. Data in the PNL studies on waste quan- tities may be used. Unit costs for containers, shipments, and burial at low- level waste burial grounds should be indicated. The PNL studies may be useful for developing this information, although facility-specific differences such as differences in transport distances from those indicated in the PNL study and effects of escalation should be indicated, and the effects of those differences should be estimated. 11 7. Estimated costs of major items, specifically special tools - and equipment, supplies, specialty contractors', nuclear property and liability insurance, and fees, should be indicated and a basis given. Information con- tained in the PNL studies in these areas may be used. 1.4.4.3. The information indicated in Regulatory Position 1.4.4.2 should be summarized by indicating the total estimated cost of decommissioning and the major components of that cost, including staff labor, waste disposal, energy, equipment and supplies, specialty contractors, other expenses such as license fees or insurance, and contingency. 1.4.5 Delayed Decommissioning Cost Factors If a delayed decommissioning method (SAFSTOR or ENTOMB) is antici- pated, cost estimates should be based on the same procedures outlined in Regu- latory Position 1.4.4. However, the estimate should include the activities involved in placing the facility into the storage mode, surveillance and mainte- nance of the facility while in storage, and the cost• of deferred decontamina- tion at the end of storage, where necessary, to release the facility for unre- stricted use. As noted in Regulatory Position 1.4.2, costs of fuel storage during the period, if any occur, should not be included as part of the decommis- sioning cost estimate. 1.4.6 Nuclear Multiple-Unit Stations If a facility is a nuclear multiple-unit station, total decommission- ing costs for all units should be indicated as well as for each unit individually. Specific provisions and cost factors for the multiple-unit facility, such as the timing of decommissioning each unit, should be discussed so that the net effect on the total cost is clear. 1.5 Adjustments to Cost Estimates In order to maintain the value of the fund until decommissioning, funding provisions should contain procedures for periodic review and adjustment of the initial amount set aside, during both operation and any storage periods, based on the following. 12 1.5.1 Inflation The effect of inflation on the estimated cost should be determined. For those using certification, the licensee is to adjust the certification amount using the formula in paragraph 50.75(c)(2) of 10 CFR Part 50 (see Regu- latory Position 1.2). For site-specific cost estimates, new studies may be performed periodically. Alternatively, licensees may use standard measures of price indexing such as the annual Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics, or the inflation factor derived from the Implicit Price Deflator for the Gross National Product as published in the "Survey of Current Business" by the U.S. Department of Commerce or in "Eco- nomic Indicators" by the Council of Economic Advisors. The licensee may also use the factors indicated in Regulatory Position 1.2 for escalating the princi- pal components of the cost estimate. Estimates of future inflation should bear a reasonable relationship to recent (i.e. , within 10 years) economic perform- Ance. The licensee should indicate the bases for all estimates of past and future inflation. 1.5.2 Technological and Status Changes For decommissioning cost estimates, the effect of technological changes or changes in plant status on the cost estimate should be determined. This could include recent developments in decontamination, waste processing and disposal , or cutting-equipment technology, updated information about the facil- ity conditions such as larger levels of contamination than anticipated, updated waste disposal conditions, updated residual radioactivity limits, and experience gained from actually decommissioning similar facilities. 1.5.3 Frequency of Adjustment The frequency of adjustment should be based on the amount of change in the factors of 1.5.1 and 1.5.2 above as appropriate, but should be made at least once a year for the effects of 1.5.1 above and once every 5 years for 1.5.2 above. 13 1.6 Final Decommissioning Cost Estimate - Paragraph 50.82(b) requires that an updated estimate of cost for decommis- sioning be submitted with the decommissioning plan at the time the licensee applies to terminate the license. This cost estimate should be prepared using the same bases as in Regulatory Position 1.4, except that: • Cost estimates should be based on plant conditions, such as contamina- tion levels, specific to that facility to the extent they are known. Cost estimates should be based on decommissioning procedures that are included in the decommissioning plan for that facility. • Cost estimates should consider the existing experience in the industry. 2. FUNDING METHODS Amended S 50.75 of 10 CFR Part 50 indicates funding methods considered ac- ceptable for reactors for assuring the availability of funds for decommissioning. The following sections provide specific guidance to licensees for complying with the various types of funding methods specified in S 50.75. 2. 1 Guidance Applicable to All Funding Methods 2.1.1. The funding method should provide that if more than one licensee owns a facility, there is clear indication of funding provisions made by each licensee. Multiple licensees may, at their discretion, pool decommissioning funds for the same facility. 2.1.2. The applicant or licensee should indicate that the method used is at least equal in amount to the estimated or certified decommissioning cost for the facility. 2.1.3. The applicant or licensee should provide evidence that the parties signing the financial instrument (for the applicant or licensee) are authorized to represent the organization in the transaction. 14 2.1.4. The applicant or licensee should provide evidence that the financial - instrument is an originally signed duplicate (e.g. , an executed copy of the instrument). 2.1.5. Each of the funding methods should be capable of being adjusted to take into account variations in earnings and adjustments in the amount of funds being set aside for decommissioning both during operation and during storage periods, if any (see Regulatory Position 1.5). Adjustments to the amortization for the funding method should be made at least once every 5 years (see Regulatory Position 1.5) and reported to the NRC along with the basis for such changes. 2.1.6. The licensee should maintain continuity in the funding method as follows: 2.1.6.1. If the licensee decides to change the funding method dur- ing the life of the facility, a revised funding method should be submitted based on the requirements in 10 CFR Part 50 and the guidance in this regulatory guide. The existing funding method is to be maintained untit the licensee has submitted a new certificate of financial assurance. 2.1.6.2. If ownership of a facility is transferred, the existing funding method is to be maintained until the new owner has submitted a certifi- cate of financial assurance. 2.1.6.3. The funding method is to be maintained until the license is terminated. 2.2 Prepayment and External Sinking Fund Funding methods of this type should have the following characteristics: 2.2.1. An applicant or licensee using an escrow account, certificate of de- posit, or trust fund to satisfy paragraph 50.75(c) should use the recommended wording for. those methods contained in Appendices 8.1, 8.2, and 8.3, respectively. 15 2.2.2. The fund instrument, signed by-individuals authorized to act for the - appropriate parties, should be maintained in the licensee's records and be avail- able for inspection. - 2.2.3. The trustee of a fund should be an appropriate State or Federal government agency or an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency. 2.2.4. Any trust investments complying with IRS Code Section 468A or with explicit instructions from a utility's State public utility commission or from the Federal Energy Regulatory Commission would be acceptable to the NRC staff. 2.4.5. Annual deposits in an external sinking fund, including projected earnings, should be at least equal to the total amount remaining to beAccumu- lated, divided by the remaining years of the license. 2.3 Guarantee Methods Guarantee methods include surety bonds, letters of credit, lines of credit, and insurance. For non-electric-utility reactors, parent company guarantees may be used. Acceptable guarantee methods should have the following characteristics: 2.3.1. An applicant or licensee using a surety bond, letter of credit, or parent company guarantee should use the recommended wording for these methods contained in Appendices 8.4, 8.5, and 8.6, respectively. 2.3.2. The following documents should be maintained in the licensee's rec- ords and be available for inspection by the NRC: • For surety bonds: An originally signed duplicate of the surety bond signed by individuals authorized to act for the licensee and the surety company. • For letters of credit: An originally signed duplicate of the letter of credit signed by individuals authorized to act for the licensee and the financial institution. 16 • For insurance: A certificate of insurance signed by individuals authorized to act for the licensee and the insurer. 2.3.3. The following should be considered for financial institutions used as guarantors: • For surety bonds: The surety company must be listed by the U.S. Department of the Treasury in the most recent edition of Circular 570, be licensed to transact business in the State in which the bond is executed, and have a coverage limit sufficient to cover the cost • estimates for which assurance is sought. Circular 570 is published annually about July 1 and is updated in the Federal Register. • For letters of credit: The issuing institution must be an entity that has the authority to issue a letter of credit and whose letter of credit operations are regulated and examined by a Federal or State agency. - For insurance: The insurance company must be licensed by State regula- tory authorities to transact business as an insurer in one or more States. 2.3.4. If lines of credit are used, the applicant or licensee should obtain from the lender a written commitment to provide funds as necessary for ' decommissioning. 2.4 Standby Trust 2.4.1. Under the decommissioning regulations, a licensee or applicant using a surety bond, letter of credit, line of credit, or insurance must establish a "standby" trust fund to receive funds from the other financial instruments, if necessary. According to the regulation, if a licensee defaults on decommission- ing requirements, the issuer or provider will draw on the funds held in the instruments listed and deposit them directly into the standby trust for use as required for decommissioning. In addition to the instruments listed, applicants or licensees using parent company guarantees, certificates of deposit, or govern- ment securities should establish a standby trust. 17 2.4.2. An applicant or licensee establishing a standby trust should use the - recommended wording for the instrument contained in Appendix 8.3.2. 2.4.3. Appropriate documentation regarding the standby trust should be maintained in the licensee's records as indicated in Regulatory Position 2.2.2. 2.5 Governmental Statement of Intent A government agency as designated in paragraph 50.75(e) of 10 CFR Part 50 can submit a statement of intent that contains a cost estimate for decommission- . ing and indicates that funds for decommissioning will be obtained when necessary. The statement of intent should contain the following: • Identification of the facility or facilities for which it provides the financial assurance and the corresponding decommissioning costs. • • An indication that funds for decommissioning will be requested and obtained sufficiently in advance of decommissioning.to prevent delay of required activities. • Evidence of the authority of the official of the government entity to sign the statement of intent. A signed copy of the statement of intent that funds will be obtained when necessary should be maintained in the records and be available for inspection. 2.6 Decommissioning Plans Section 50.82 of 10 CFR Part 50 requires submittal of a decommissioning plan at the time a licensee applies for termination of a license. The plan is to include provisions for funding. The following should be included: • An updated decommissioning cost estimate (see Regulatory Position 1.6). • Provisions for funding the difference. if any, between the final cost estimate and the amount raised during the facility's operating life. 18 • Provisions for maintaining adequate levels of funding during the decommissioning period, specifically-to provide for escalation of costs from inflation or engineering- changes. 2.7 Funding Methods for Existing Licensees Paragraph 50.33(k)(2) and 5 50.75 require existing licensees, on or before July 26, 1990, to submit a report to NRC identifying a funding method. This funding method should indicate the schedule for implementing the funding method. Existing funds, if left in internal reserves, will not be acceptable for use as a funding assurance method as described in paragraph 50.75(e)(3) for meeting the certification amount described in paragraph 50.75(c). 2.8 Procedures for Shutdown Reactors The funding requirements of paragraph 50.33(k) and 5 50.75 apply to all reactors, including those that were shut down prior to the effective date of the final rule (July 27, 1988), because these reactors possess a 10 CFR Part 50 license, albeit modified. As indicated in the Supplementary Information to the final rule, details concerning financial assurance, primarily the time period for accumulating funds not set aside during operation, would be decided on a case-by-case basis. However, a licensee of a reactor that is currently shut down should submit a report to NRC by July 26, 1990, that includes the following: 2.8.1. Information on how reasonable assurance will be provided that funds will be available to decommission the facility. 2.8.2. Information on the amount of funds for decommissioning as required by paragraph 50.75(f). That is, a cost estimate that includes provisions for adjusting the estimate should be presented based on Regulatory Position 1. 2.8.3. Information on the funding method to be used as required by para- graph 50.75(e). That is, funds needed to complete decommissioning are to be placed in an account segregated from licensee assets and outside the licensee's administrative control , or a surety method or fund statement of intent should be maintained based on Regulatory Position 2. 19 0. IMPLEMENTATION The purpose of this section is to provide information to applicants and licensees regarding the NRC staff's plans for using this regulatory guide. This draft regulatory guide has been released to encourage public partici- pation in its development. Except in those cases in which an applicant or li- censee proposes an acceptable alternative method for complying with the speci- fied portions of the Commission's regulations, the guidance to be described in the active guide reflecting public comments will be used in the evaluation of funding provisions for the following nuclear reactors: (1) All plants having an operating license in effect on July 27, 1990. (2) All plants applying for an operating license after the issue date of the final guide. • • 20 REFERENCES- • 1. G. J. Konzek, "Technology, Safety, and Costs of Decommissioning Reference Nuclear Research and Test Reactors" (prepared by Pacific Northwest Labora- tory for the U.S. Nuclear Regulatory Commission), NUREG/CR-1756, March 1982. and Addendum 1, July 1983. 2. Robert S. Wood, "Assuring the Availability of Funds for Decommissioning Nuclear Facilities," U.S. Nuclear Regulatory Commission, Draft Report, NUREG-0584, Rev. 3, March 1983. 3. U.S.Nuclear Regulatory Commission, "Final Generic Environmental Impact Statement on Decommissioning of Nuclear Facilities," NUREG-0586, • August 1988. 4, U.S. Nuclear Regulatory Commission, "Interim Guidance on the Standard Format - - and Content of Financial Assurance Mechanisms Required for Decommissioning under 10 CFR Parts 30, 40, and 70," NUREG-1336, December ,198$. S. R. I. Smith, G. J. Konzek, and W. E. Kennedy, Jr. , "Technology, Safety, and Costs of Decommissioning a Reference Pressurized Water Reactor Power Sta- tion" (prepared by Pacific Northwest Laboratory for the U.S. Nuclear Regu- latory Commission), NUREG/CR-0130, June 1978; and Addendum 1, July 1979, Addendum 2, July 1983; Addendum 3, September 1984; and Addendum 4, July 1988. 6. H. 0. Oak et al. , "Technology, Safety, and Costs of Decommissioning a Reference Boiling Water Reactor Power Station" (prepared by Pacific North- west Laboratory for the U.S. Nuclear Regulatory Commission), NUREG/CR-0672, June 1980; Addendum 1, July 1983; Addendum 2, September 1984; and Addendum 3, July 1988. 7. U.S. Nuclear Regulatory Commission, "Report on Waste Burial Charges," NUREG-1307, July 1988. 21 8. N. G. Wittenbrock, "Technology, Safety; and Costs of Decommissioning Nuclear Reactors at Multiple-Reactor Stations" (prepared by Battelle Pacific North- west Laboratory for the U.S. Nuclear Regulatory Commission), NUREG/CR-1755, January 1982. 9. J. P. Witherspoon, "Technology and Cost of Termination Surveys Associated with Decommissioning of Nuclear Facilities" (prepared by Oak Ridge National Laboratory for the U.S. Nuclear Regulatory Commission), NUREG/CR-2241, February 1982. NOTE: Copies of these referenced documents may be purchased through the U.S. Government Printing Office by calling (202) 275-2060 or by writing to the U.S. Government Printing Office, P.O. Box 37082, Washington, DC 20013-7082. Copies may also be purchased from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161. Copies are available for inspection or copy- ing for a fee in the NRC Public Document Room, 2120 L Street NW. , Washington, DC. 22 APPENDIX A. GLOSSARY OF FINANCIAL TERMS Certificate of Deposit (CD) - A bank's written acknowledgement of the receipt and deposit of a sum of money by the licensee or applicant and its promise of repayment. When using a CD to demonstrate financial assurance for decom- missioning, the licensee deposits with a bank funds sufficient to cover the cost of decommissioning the licensed facility and receives a C0. ' Escrow Account - An account containing funds deposited by the licensee or appli- icant and held by a bank or other financial institution. An escrow account differs from similar accounts in that the licensee or applicant provides funds that are held by the escrow until the happening of a contingency or the performance of a condition, and then the funds are released to the grantee. The bank or other institution where the funds are deposited is the escrow agent.' External Sinking Fund - A fund established and maintained by periodically setting funds aside in an account segregated from licensee assets and outside the licensee's administrative control. The total external sinking fund would be sufficient to pay decommissioning costs at the expected time of termina- • Lion of operation. The external sinking fund can be in the form of a trust or escrow account using government securities, certificates of deposit, or deposits of investment grade corporate securities. Financial Test - An accounting ratio requirement, net worth requirement, bond rating requirement, or similar requirement or combination of requirements that measures'the financial strength of a firm providing financial assurance. The financial test is used by a firm that provides a guarantee to a licensee to show its own financial strength and its ability to support the guarantee. ' 1Taken from NUREG-1336, "Interim Guidance on the Standard Format and Content of Financial Assurance Mechanisms Required for Decommissioning Under 10 CFR Parts 30, 40, and 70." A-1 Insurance - Insurance in this case would be-similar to surety bonding as dis- cussed below in that it would guarantee that decommissioning costs will be paid should the licensee default. Letter of Credit - A binding agreement by which the issuing party, such as a bank, agrees on behalf of the applicant or licensee (the account party) to pay a State authority (the beneficiary) in the event of any default by the licensee in the performance of decommissioning.' Line of Credit - An arrangement of the licensee with a lender (generally a bank) in which the lender agrees to provide funds required for decommissioning of the licensee's facility. The maximum amount of credit stated in the con- tract between the applicant or licensee and the lender must be sufficient to at least equal the certified or estimated cost of decommissioning. ' Parent Company Guarantee - A promise by one party (the guarantor) to pay speci- . fled debts or perform specified obligations of another party (the principal) in the event that the principal fails to satisfy the debts or obligations. Specifically, to satisfy the decommissioning regulations, an applicant's or licensee's parent corporation agrees to guarantee to provide specified dollar amounts to fund performance of decommissioning in the event of the licensee's default. ' Prepayment - The deposit prior to the start of operation (or, for existing • facilities, by a specified time provided in the regulations) into an ac- count, segregated from licensee assets and outside the licensee's admin- istrative control, of cash or liquid assets such that the amount of funds would be sufficient to pay decommissioning costs. Types of accounts can be similar to those described above for an external sinking fund.' Surety Bond - A guarantee that decommissioning costs will be paid should the li- censee default. The surety bond is a contract that the licensee or appli- cant (the principal) enters into with a qualified surety company (the surety) to assure the Commission or State regulatory agency that the licensee will fulfill its decommissioning obligations or, in the event of the licensee's default, the surety guarantees that decommissioning costs will be paid. ' A-2 Trust Fund - An irrevocable three-party agreement whereby the licensee or applicant, called the grantor or trustor, transfers assets at least equal to the cost of decommissioning to a trustee, such as a bank, to hold on behalf of the beneficiary, the Commission, or a State agency.1 A-3 APPENDIX 8- RECOMMENDED WORDING FOR FINANCIAL ASSURANCE INSTRUMENTS The following formats for financial instruments provide recommended language and provisions for compliance with decommissioning financial assurance requirements. Although the sample language is not required by decommis- sioning regulations, except for certain provisions in the parent guarantee. applicants and licensees will find that its use will simplify the submittal process and expedite NRC review. B-1 APPENDIX 8.1 RECOMMENDED WORDING FOR AN ESCROW AGREEMENT ESCROW NUMBER Paragraph 1. Establishment of Escrow Account It is agreed between the parties that [insert name of licensee], licensee, has elected to establish an escrow account with [insert name, address, and position of escrow agent] to provide financial assurance for decommissioning of the facility(ies) in the amounts shown below: [For each facility for which financial assurance is provided by the escrow agreement, list facility name, address, and license number, corresponding estimated or certified decommissioning costs, and indicate amount of financial assurance provided by the escrow account.] Paragraph 2. Description of Property in Escrow Account It is hereby acknowledged by the parties that [list the assets that have been delivered to the escrow agent and indicate the value of each item] has (have) been delivered to escrow and will remain in the escrow account created by this agreement until one of.the two conditions stated in Paragraph 3 of this agree- ment has been satisfied. [Insert name of licensee] warrants to and agrees with [insert name of escrow agent] that, unless otherwise expressly set forth in this Agreement: there is no security interest in the property in the escrow account or any part thereof; no financing statement under the Uniform Commercial Code is on file in any jurisdiction claiming a security interest in or describing (whether specifically or generally) the escrow account or any part thereof; and the escrow agent shall have no responsibility at any time to ascertain whether or not any security interest exists or to file any financing statement under the Uniform Commercial Code with respect to the escrow account or any part thereof. Paragraph 3. Conditions of Escrow Agreement The property described in Paragraph 2, above, will remain in the escrow account created by this agreement until one of the two following conditions has been satisfied: (1) the decommissioning activities required by 10 CFR 50 have been completed, the license has been terminated, the facility site is available for unrestricted use for any public or private purpose, and the escrow account has been terminated by joint notice, in writing, from [insert name of licensee] and [insert NRC or name of the State regulatory agency]; or (2) the escrow agent, [insert name of the escrow agent] has been notified by the [insert NRC or name of the State regulatory agency], in writing, that the licensee, [name of licensee] has defaulted on the agreed obligation to carry out the decommissioning for the above listed facility(ies). 8-2 I Appendix 8.1, continued Paragraph 4. Disbursement of Property in Escrow Account The [insert name of escrow agent] shall make payments from the escrow account upon the presentation of a certificate duly executed by the Secretary of the [insert name of licensee] attesting to the occurrence of the events, and in the form set forth in the attached Specimen Certificate, and upon presentation of a certification attesting to the following conditions: (1) that decommissioning is proceeding pursuant to an NRC- approved plan, (2) that the funds withdrawn will be expended for activities undertaken pursuant to that plan, and (3) that the NRC has been given 30 days prior notice of [insert • name of licensee]'s intent to withdraw funds from the escrow account. No withdrawal from the account can exceed _ percent of the outstanding balance of the escrow account or dollars, whichever is greater unless NRC approval is attached. Or upon [insert name of escrow agent] receiving written notification of li- censee's default from the [insert NRC or State regulatory agency], [insert name of escrow agent] shall make payments from the escrow account as the [insert NRC or name of State regulatory agency] shall direct, in writing, to provide for the payment of the costs of the required decommissioning•activitips covered by this agreement. The escrow agent shall reimburse the licensee or other persons as specified by the [insert NRC or State regulatory agency] from the escrow account for expenses for required activities in such amounts as the [insert NRC or name of the State regulatory agency] shall direct in writing. In addition, the escrow agent shall refund to [insert name of licensee] such amounts as the [insert NRC or the name of the State regulatory agency] specifies, in writing. Upon refund, such funds shall no longer constitute part of the escrow account as described in paragraph 2, above. • Paragraph S. Irrevocability It is also agreed between the parties that this escrow became irrevocable upon delivery to [insert name of escrow agent], the escrow agent, and will remain irrevocable and in full force and effect until the occurrence of one of the conditions described in Paragraph 3, above. Paragraph 6. Powers of the Escrow Agent The only powers and duties of the escrow agent shall be to hold the escrow property and to invest and dispose of it in accordance with the terms of this agreement. B-3 I Appendix 8. 1, continued Escrow Account Management - - The escrow agent shall invest and reinvest the principal and income of the escrow account and keep the escrow account invested-as a single fund, without distinc- tion between principal and income, in accordance with general investment policies and guidelines which the [insert name of licensee] may communicate in writing to the escrow agent from time to time, subject, however, to the provisions of the escrow account; the escrow agent shall discharge its duties with respect to the escrow account solely in the interest of [insert the NRC or the name of the state regulatory agency] and with the care, skill, prudence, and diligence, under the circumstances then prevailing, that persons of prudence, acting in like capacity and familiar with such matters, would use in the conduct of an enterpr4se of like character and with like aims; except that: (a) Securities or other obligations of the licensee, or any other owner or operator of the licensed facility(ies), or any of their affiliates as defined in the Investment Company Act of 1940, as amended (15 U.S,C. 80A. 2(a)), shall not be acquired or held, unless they are securities or other obligations of the Federal government; • (b) The escrow agent is authorized to invest the escrow account in time or demand deposits to the extent insured by an agency of the Federal government; and co The escrow agent is authorized to hold cash, awaiting investment or distribution uninvested, for a reasonable time and without liability for the payment of interest thereon. - Express Power of the Escrow Agent Without in any way limiting the powers and discretion conferred upon the escrow agent by other provisions of this agreement or by law, the escrow agent is expressly authorized and empowered: (a) To register any securities held in the escrow account in its own name and to hold any security in bearer form or in book entry, or to deposit or arrange for the deposit of any securities issued by the U.S. Government, or any agency or instrumentality thereof, with a Federal Reserve bank, but the books and records of the escrow agent shall at all times show that all such securities are part of the escrow account; (b) To deposit any cash in the escrow account in interest-bearing accounts or savings certificates to the extent insured by an agency of the Federal government; • (c) To pay taxes, from the account, of any kind that may be assessed or levied against the escrow account and all brokerage commissions incurred by the escrow account. Paragraph 7. Annual Valuation After delivery has been made into this escrow account, the escrow agent shall annually, at least 30 days before the anniversary date of receipt of the 8-4 Appendix 8.1, continued property into the escrow account, furnish to- the licensee and to the [insert NRC or the name of the State regulatory agency] a statement confirming the value of the escrow account. Any securities in the account shall be valued at market value as of no more than 60 days before the anniversary date of the establishment of the escrow account. The failure of the licensee to object in writing to the escrow agent within 90 days after the statement has been furnished to the licensee shall constitute a conclusively binding assent by the licensee, barring the licensee from asserting any claim or liability against the escrow agent with respect to the matters disclosed in the statement. Paragraph 8. Successor Escrow Agent Upon 90 days prior notice to the [insert NRC or State agency] and the licensee, [insert name of licensee], the escrow agent may resign; upon 90 days notice to the [insert NRC or State agency] and the escrow agent, the licensee, [insert name of licensee], may replace the escrow agent upon 30 days prior notice to the [insert NRC or State regulatory agency]; provided that such resignation or replacement is not effective until the escrow agent has appointed a successor escrow agent and this successor accepts the appointment. The successor escrow agent shall have the same powers and duties as those conferred upon the escrow agent under this agreement. Upon the successor's acceptance of the appointment, the escrow agent shall assign, transfer, and pay over to the successor the funds and properties then constituting the escrow account. If for any reason the licensee cannot or does not act in the event of the resignation of the escrow agent, the escrow agent may apply to a court of competent jurisdiction for the appointment of a successor, or for instructions. The successor escrow agent shall specify the date on which it assumes administration of the escrow account in a writing sent to the licensee, [insert the NRC or the name of the State regulatory agency], and the current escrow agent by certified mail 10 days before the change becomes effective. Any expenses incurred by the escrow agent as a result of any of the acts contemplated by this paragraph shall be paid as pro- vided in Paragraph 10 of this agreement. Paragraph 9. Instructions to the Escrow Agent All orders, requests, and instructions from the licensee to the escrow agent shall be in writing, signed by such persons as are signatories to this agreement, or such other designees as the licensee or [insert the NRC or the name of the State regulatory agency] may designate in writing. All orders, requests, and instructions from the [insert the NRC or the name of the State regulatory agency] shall be in writing, signed by the designees of the [insert NRC or the name of the State regulatory agency]. The escrow agent shall be fully protected in acting in accordance with such orders, requests, and instructions. The escrow agent shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the licensee or [insert the NRC or the name of the State regulatory agency] under this agreement has occurred. The escrow agent shall have no duty to act in the absence of such orders, requests, and instructions from the licensee and/or [insert the NRC or the name of the State regulatory agency], except as provided in this agreement. B-5 L Appendix 8.1, continued Paragraph 10. Compensation end Expenses of-the Escrow Agent - The fee of the escrow agent for its services in establishing the escrow account shall be $ , payable at the time of the execution of this agreement, to y be borne insert the name of the licensee], licensee. Expenses of the escrow agent for the administration of the escrow account, the compensation of the escrow agent for services subsequent to the establishing of the escrow account to the extent not paid directly by the licensee, and all other proper charges and disbursements shall be paid from the escrow account. Paragraph 11. Amendment To This Agreement This agreement may be amended by an instrument in writing executed by the li- censee and the escrow agent provided that the licensee has given 30 days prior notice to [insert NRC or State regulatory agency]. Paragraph 12. Termination This agreement can be terminated by written notice of termination to the escrow agent signed by [insert the name of licensee], licensee, and the [insert NRC or the name of the State regulatory agency], or by the [insert NRC or the name of the State regulatory agency] alone, if the licensee has ceased to exist. Paragraph 13. Interpretation This escrow agreement constitutes the entire agreement between [insert the name of licensee] and [insert the name of the escrow agent]. The escrow agent shall not be bound by any other agreement or contract entered into by [insert name of licensee] and the only document that may be referenced in case of ambiguity in this escrow agreement is the licensing agreement between [insert name of licensee] and the United States Nuclear Regulatory Commission, or its successor. Paragraph 14. Acceptance of Appointment by Escrow Agent [Insert name, address, and position of escrow agent] does hereby acknowledge its appointment by [insert name of licensee], the licensee, to serve as escrow agent for the escrow account created under this agreement and agrees to carry out its obligations and duties as stated in this escrow agreement. Paragraph 15. This agreement shall not become effective (and the escrow agent shall have no responsibility hereunder except to return the escrow property to the [insert name of licensee]) until the escrow agent shall have received the following and shall have advised [insert name of licensee] in writing that the same are in form and substance satisfactory to the escrow agent: Certified resolution of its Board of Directors authorizing the making and performance of this Agreement; • B-5 Appendix B.1, continued Certificate as to the names and specimen signatures of its officers or representative authorized to sign this Agreement and notices, instructions and other communications hereunder [Signatures and positions of the designees of the licensee and the escrow agent. ] [Insert name of escrow agent] [Insert name of licensee] By By Name _ Name Title Title • Date. Witness by Notary Public. • 8-7 APPENDIX B.}.1 SPECIMEN CERTIFICATE OF EVENTS [Insert name and address of escrow agent] Attention: Escrow Division Gentlemen: In accordance with the terms of the Agreement with you dated I, , Secretary of [insert name of licensee], here yG`ce t'fy that the following events have occurred: 1. [Insert name of licensee] is required to commence the decommissioning of its facilities located at [insert location of facility] (hereinafter called the decommissioning). 2. The plans and procedures for the commencement and conduct of the decommissioning have been approved by the United States Nuclear Regulatory Commission, or its successor, on (copy of approval attached). • 3. The Board of Directors of [insert name of licensee] has adopted the attached resolution authorizing the commencing of the decommissioning. Secretary o inser name o icensee) )Sate 6-8 APPENDIX 8.4.2 SPECIMEN CERTIFICATE OF RESOLUTION I do hereby certify that I am Secretary of [insert name of licensee , a insert state of incorporation] corporation, and that the resolution listed below was duly adopted at a meeting of this Corporation's Board of Directors on _ , 19 IN WITNESS WHEREOF, I have hereunto signed my name and affixed the seal of this Corporation this day of 19 Secretary of (insert name of licensee] RESOLVED, that this Board of Directors hereby authorizes the President or - such other employee of the Company as he may designate [insert, as appropriate, "to enter into an escrow agreement" or, "to commence decommissioning activities at (name of facility)] with the [insert name of escrow agent) in accordance with the terms and conditions described to this Board of Directors'at this meeting and with such other terms and conditions as the President shalt approved with and upon the advice of Counsel. B-9 • APPENDIX B.2 RECOMMENDED WORDING FOR CERTIFICATES OF DEPOSIT APPENDIX 6.2.1 DRAFT NEGOTIABLE CERTIFICATE OF DEPOSIT PAYABLE AT THE EXPIRATION OF A SPECIFIED TIME CERTIFICATE OF DEPOSIT Place Bank of No. (Date) [Insert name of licensee or applicant] has deposited not subject to cheek Dollars ($ ) payable to the holder in current funds (pot less than 30 daysl---'days after date, upon surrender of this certi- ficate properly endorsed, with interest at the rate of percent per annum from date to maturity only. The rate of interest payabli—Rereunder is subject to change by the bank to such extent as may be necessary to comply with require- ments of the Federal Reserve Board made from time to time pursuant to the Federal Reserve Act. • These funds are deposited for the purpose of providing financial assurance for the cost of decommissioning activities as required under Title 10 of the Code of Federal Regulations Part 50. Accordingly, this certificate will be renewed automatically unless written notice of (1) the default of the [insert name of licensee or applicant] on these obligations; (2) the termination of the facility license; or (3) the substitution of another financial assurance mechanism is received from [the name of licensee or applicant]. Cashier Note: The negotiable Certificate of Deposit should be in the possession of the trustee of the concurrently created standby trust or the escrow agent of an escrow account. The certificate should be for a limited time period, such as 1 to 5 years, so that the face value can be adjusted. B-10 APPENDIX 8.2.2 DRAFT NONNEGOTIABLE CERTIFICATE OF DEPOSIT PAYABLE ON A CERTAIN DATE CERTIFICATE OF DEPOSIT Certificate of Deposit . 19 [Insert name of licensee or applicant] has deposited in the bank the sum of Dollars (S ) payable to [State regulatory agency (if the agency can hold special funds under applicable state law), trustee of standby trust, or escrow agent], months after date, with interest thereon at the rate of percent per annum from date, upon presentation of this certificate properly endorsed. These funds are deposited for the purpose of providing financial assurance for the cost of decommissioning activities as required under Title 10 of the Code of Federal Regulations Part 50. Accordingly, this certificate will be renewed automatically unless written notice of (1) the default of the [insert name of licensee or applicant] on these obligations; (2) the termination of the facility license; or (3) the substitution of another financial assurance mechanism is received from [the name of the licensee or applicant]. The deposit documented in this certificate is insured, by the Federal Deposit Insurance Corporation. Cashier Note: The certificate should be for a limited time period, such as 1 to 5 years, so that the face value can be adjusted. • 8-11 APPENDIX B.3 RECOMMENDED WORDING FOR TRUST FUND AND STANDBY TRUST AGREEMENTS APPENDIX 6.3.1 TRUST FUND AGREEMENT TRUST AGREEMENT, the Agreement entered into as of [date] by and between [name of NRC licensee], a [name of State] [insert "corporation," "partnership," "association," or "proprietorship"], herein referred to as the "Grantor," and [name and address of a national bank or other Trustee acceptable to the Commission or State regulatory agency], the "Trustee." WHEREAS, the U.S. Nuclear Regulatory Commission (NRC), an agency of the U.S. Government, pursuant to the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, has promulgated regulations in Title 10, Chapter I of the Code of Federal Regulations, Part 50. These regulations, applicable to the Grantor, require that a holder of, or an applicant for a license issued pursuant to 10 CFR Part 50 provide assurance that funds will be available when needed for required decommissioning activities. WHEREAS, the Grantor has elected to use a trust fund to provide [insert "all" or "part") of such financial assurance for the facilities identified herein; WHEREAS, the Grantor,' acting through its duly authorized officers, has selected the Trustee to be the trustee under this Agreement, and the Trustee is willing to act as trustee, NOW, THEREFORE, the Grantor and the Trustee agree as follows: Section 1. Definitions. As used in this Agreement: (a) The term "Grantor" means the NRC licensee who enters into this Agreement and any successors or assigns of the Grantor. • (b) The term "Trustee" means the trustee who enters into this Agreement and any successor Trustee. Section 2. Costs of Decommissioning. This Agreement pertains to the costs of c deom'im`- sis ioning the facility identified in License Number [insert license num- ber] issued pursuant to 10 CFR Part 50 as shown in Schedule A (see Schedule A in Appendix B.3.3). Section 3. Establishment of Fund. The Grantor and Trustee hereby establish a trust fund (the Fund) for the benefit of [insert "NRC" or the name of the State agency]. The Grantor and the Trustee intend that no third party shall have access to the Fund except as provided herein. Section 4. Payments Constituting_ the Fund. Payments made to the Trustee for Si-Ma-shall consist of cash, securities, or other liquid assets acceptable to the Trustee. The Fund is established initially as consisting of the property, which is acceptable to the Trustee, described in Schedule B (see Schedule B [in • 8-12 1 . Appendix 8.3.1, continued Appendix 8.3.3] following Standby Trust Agreement) attached hereto. Such prop- erty and any other property subsequently transferred to the Trustee are referred to as the "Fund," together with all earnings_and profits thereon, less any pay- ments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount of, or adequacy of the Fund, nor any duty to collect from the Grantor, any pay- ments necessary to discharge any liabilities of the Grantor established by the NRC. Section 5. Payment for Required Activities Specified in the Plan. The rul stee shall make payments from the runt' to the Grantor upon presentation to the Trustee of the following: a. A certificate duly executed by the Secretary of the Depositor attesting to the occurrence of the events, and in the form set forth in the attached Specimen Certificate (see certificate following standby trust), and b. A certificate attesting to the following conditions; (1) that decommissioning is proceeding pursuant to an NRC-approved plan. • (2) that the funds withdrawn will be expended for activities undertaken pursuant to that Plan, and (3) that the NRC has been given 30 days' prior notice of [insert name of licensee]'s intent to withdraw funds from the escrow fund. No withdrawal from the fund can exceed percent of the outstanding balance of the Fund or dollars,wfi clliever is greater, unless NRC approval is attached. • In the event of the Grantor's default or inability to direct decommissioning activities, the Trustee shall make payments from the Fund as the NRC shall direct, in writing, to provide for the payment of the costs of required activ- ities covered by this Agreement. The Trustee shall reimburse the Grantor or other persons as specified by the NRC, or State agency, from the Fund for ex- penditures for required activities in such amounts as the NRC, or State agency, shall direct in writing. In addition, the Trustee shall refund to the Grantor such amounts as the NRC specifies in writing. Upon refund, such funds shall no longer constitute part of the Fund as defined herein. Section 6. Trust Management. The Trustee shall invest and reinvest the princi- pa an income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge its duties with respect to the Fund solely in the inter- est of the beneficiary and with the care, skill , prudence, and diligence under B-13 Appendix B.3.1, continued the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enter- - prise of a like character and with like aims;, except that: (a) Securities or other obligations of the Grantor, or any other owner or operator of the facilities, or any of their affiliates as defined in the Investment Company Act of 1940, as amended (15 U S.C. 80A-2(a)), shall net be acquired or held, unless they are securities or other obligations of the Federal or a State government; (b) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the Federal government; and (c) For a reasonable time, not to exceed 60 days, the Trustee is authorized to hold uninvested cash, awaiting investment or distribution, without liability for the payment of interest thereon. Section 7. Commingling and Investment. The Trustee is expressly authorized in"itfdiscretion: (a) To transfer from time to time any or all of the assets of the fund to any common, commingled, or collective trust fund created by the Trustee in ' which the Fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein; and . (b) To purchase shares in any investment company registered under the Investment Company Act of 1940 (15 U.S.C. 80A-1 et seq. ), including one that may be created, managed, underwritten, or to which investment advice is rendered, or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion. Section 8. Express Powers of Trustee. Without in any way limiting the powers an iscretion conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered: (a) To sell , exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale, as necessary for prudent management of the Fund; (b) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted; (c) To register any securities held in the Fund in its own name, or in the name of a nominee, and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the Trustee in other fiduciary capacities, to rein- vest interest payments and funds from matured and redeemed instruments, to file proper forms concerning securities held in the Fund in a timely fashion with appropriate government agencies, or to deposit or arrange for the de- posit of such securities in a qualified central depository even though, B-14 Appendix 6.3.1, continued when so deposited, such securities maybe merged and held in bulk in the name of the nominee or such depository with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the U.S. Government, or any agency or instrumentality thereof, with a Federal Reserve bank, but the books and records of the Trustee shall at all times show that all such securities are part of the Fund; (d) To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an agency of the Federal government; and (e) To compromise or otherwise adjust all claims in favor of or against the Fund. Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and dis- bursements of the Trustee shall be paid from the Fund. Section 10. Annual Valuation. After payment has been made into this trust fund, the ustee shall annually, at least 30 days before the anniversary date of re- ceipt of payment into the trust fund, furnish to the Grantor and to the NRC a statement confirming the value of the Trust. Any securities ih the Fund shall be valued at market value as of no more than 60 days before the anniversary date of the establishment of the Fund. The failure of the Grantor to object in writ- ing to the Trustee within 90 days after the statement has been furnished to the Grantor and the NRC, or State agency, shall constitute a conclusively binding assent by the Grantor, barring the grantor from asserting any claim or liability against the Trustee with respect to the matters disclosed in the statement. • Section 11. Advice of Counsel. The Trustee may from time to time consult with counsT who may be counsel to the grantor, with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting on the advice of counsel. Section 12. Trustee Commensation. The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor. (See' Schedule C following Standby Trust [in Appendix 8.3.3]. ) Section 13. Successor Trustee. Upon 90 days notice to the [insert NRC or State agency , the Trustee may resign; upon 90 days notice to [insert NRC or State agency] and the Trustee, the Grantor may replace the Trustee; but such resigna- tion or replacement shall not be effective until the Grantor has appointed a successor Trustee and this successor accepts the appointment. The successor Trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor Trustee's acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor Trustee the funds 8-15 Appendix 8.3. 1, continued and properties then constituting the Fund. -If for any reason the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor Trustee or for instructions. The successor Trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, the NRC or State agency, and the present Trustee by certified mail 10 days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this section shall be paid as provided in • Section 9. Section 14. Instructions to the Trustee. All orders, requests, and instructions by the Grantor to the Trustee shall be in writing, signed by such persons as are signatories to this agreement or such other designees as the Grantor may desig- nate in writing. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests, and instructions. If the NRC or State agency issues orders, requests, or instructions to the Trustee these shall be in writing, signed by the NRC, State agency, or their designees, and the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the Contrary, that no event con- stituting a change or a termination of the authority of any person to act on behalf of the Grantor, the NRC, or State agency, hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and instructions from the Grantor and/or the NRC, or State agency, except as provided ' for herein. Section 15. Amendment of Agreement. This Agreement•may be amended by an instru- ment in writing execute ay the Grantor, the Trustee and the NRC, or State agency, or by the Trustee and the NRC or state agency if the Grantor ceases to exist. Section 16. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as provided in Section 15, this trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and the NRC or State agency, or by the Trustee and the NRC or State agency, if the Grantor ceases to exist. Upon termination of the trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor or its successor. Section 17. Immunity and Indemnification. The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this trust, or in carrying out any directions by the Grantor, the NRC, or State agency, issued in accordance with this Agree- ment. The Trustee shall be indemnified and saved harmless by the Grantor or from the trust fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense. Section 16. This Agreement shall be administered, construed, and enforced according to the laws of the State of [insert name of State]. Section 19. Interpretation and Severability. As used in this Agreement, words in t e singular include the plural-and words in the plural include the singular. B-16 Appendix 8.3.1, continued The descriptive headings for each section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement. If any part of this agreement is invalid, it shall not affect the remaining provisions which will remain valid and enforceable. IN WITNESS WHEREOF the parties have caused this Agreement to be executed by the respective officers duly authorized and the incorporate seals to be hereunto affixed and attested as of the date first written above. ATTEST: [Insert name of licensee (Grantor)] [Signature of representative of Grantor] [Title] [Title] [Seal] (Insert name of Trustee] [Signature of representative of Trustee] [Title] ATTEST: [Title] Deal] • 8-17 APPENDIX B.3.2 STANDBY TRUST AGREEMENT TRUST AGREEMENT, the Agreement entered into as of [date] by and between [name of NRC licensee], a [name of State] [insert "corporation," "partnership," "associa- tion," or "proprietorship"], herein referred to as the "Grantor," and [name and address of a national bank or other Trustee acceptable to the Commission or State regulatory agency], the "Trustee." WHEREAS, the U.S. Nuclear Regulatory Commission (NRC), an agency of the U.S. Government, pursuant to the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, has promulgated regulations in Title 10, Chapter I of the Code of Federal Regulations, Part 50. These regulations, applicable to the Grantor, require that a holder of, or an applicant for, a Part 50 license provide assurance that funds will be available when needed for required decommissioning activities. WHEREAS, the Grantor has elected to use a [insert "letter of credit," "line of credit," "surety bond," "insurance policy," "parent guarantee," "certificate of deposit," or "deposit of government securities"] to provide [insert "all" or "part"] of such financial assurance for the facilities identified herein; and WHEREAS, when payment is made under a [insert "letter of credit," "line of credit,"' "surety bond," "insurance policy, "certificate(s) of deposit," "deposit of govern- ment securities," or "parent guarantee"), this standby trust shall be used for the receipt of such payment; and WHEREAS, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this Agreement, and the Trustee is willing to act as trustee, NOW, THEREFORE, the Grantor and the Trustee agree as follows: [The remainder of the recommended wording for the Standby Trust Agreement is as indicated in 8.3.1 for the Trust Fund Agreement except that the words "Standby Trust Fund" should be substituted in Section 3 and Section 10 in place of the words "Trust Fund.") • B-18 APPENDIX 8.3+2.1 SPECIMEN CERTIFICATE OF EVENTS [Insert name and address of trustee] Attention: Trust Division Gentlemen: In accordance with the terms of the Agreement with you dated , Secretary of [insert name of licensee], hereby certi y that the following events have occurred: 1. [Insert name of licensee] is required to commence the decommissioning of its facility located at [insert location of facility] (hereinafter called the decommissioning). 2. The plans and procedures for the commencement and conduct of the decommissioning have been approved by the United States Nuclear Regulatory Commission, or its successor, on (copy of approval attached). ' 3. The Board of Directors of [insert name of licensee] has adopted the attached resolution authorizing the commencement of the decommissioning. Secretary of [insert name of licensee) • Date • B-19 APPENDIX B.3-2.2 CERTIFICATE OF RESOLUTION I, do hereby certify that I am Secretary of [insert name of licensee , a insert state of incorporation] corporation, and that the resolution listed below was duly adopted at a meeting of this Corporation's Board of Directors on , 19 _ IN WITNESS WHEREOF, I have hereunto signed my name and affixed the seal of this Corporation this day of , 19_. Secretary RESOLVED, that this Board of Directors hereby authorizes the President, or such other employee of the Company as he may designate, to commence decommissioning activities at [insert name of facility] in accordance with the terms and conditions described to this Board of Directors at this meeting and with such other terms and conditions as the President shall approve with and upon the advice of Counsel. B-20 APPENDIX 8.3.3 SAMPLE TRUST AGREEMENT SCHEDULES TRUST AGREEMENT SCHEDULE SAMPLE SCHEDULE A This Agreement demonstrates financial assurance for the following cost estimates for the following licensed activities: U.S. NUCLEAR NAME AND REGULATORY ADDRESS ADDRESS OF COST ESTIMATES FOR REGULATORY COMMISSION OF LICENSED ASSURANCES DEMONSTRATED 8Y LICENSE NUMBER LICENSEE ACTIVITY THIS AGREEMENT The cost estimates listed here were last adjusted and approved by the NRC on £date]. SAMPLE SCHEDULE 8 AMOUNT • AS EVIDENCED BY SAMPLE SCHEDULE C , Trustee's fees shall be S 8-21 • APPENDIX 6.14 SAMPLE OF ACKNOWLEDGEMENT ACKNOWLEDGEMENT [The following is an example of the acknowledgement that must accompany the trust agreement for a standby trust fund or trust fund.] STATE OF To Wit:" CITY OF On this day of , before me, a notary public in and for the city and Statee aforesaid, personally appeared , and she/he did depose and say that she/he is the [title], of [ "T-national banking associa- tion, Trustee, which executed the above instrument, that she/he knows the seal of said association; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the association; and that she/he signed her/his name thereto by like order. • (Signature of-notary public] My Commission Expires: [Date] - 8-22 APPENDIX 8-4 RECOMMENDED WORDING FOR PAYMENT SURETY BOND PAYMENT SURETY BOND Date bond executed: Effective date: Principal: [legal name and business address of licensee or applicant] Type of- or9anization: [insert "proprietorship," "joint venture," "partnership" or "corporation"] State of incorporation: (if applicable) NRC license number, name and address of facility, and amount(s) for decommissioning activity guaranteed by this bond: _ Surety(ies) [name(s) and business address(es)] Type of organization: [insert "proprietorship," "joint venture," ";partnership" or "corporation"] ' State of incorporation: - (if applicable) Surety's qualification in jurisdiction where licensed facility(ies) is (are located) Surety's bond number: Total penal sum of bond: $ Know all persons by these presents, That we, the Principal and Surety(ies) • hereto, are firmly bound to the [insert U.S. Nuclear Regulatory Commission (hereinafter called NRC) or the name of the State agency] in the above penal sum for the payment of which we bind ourselves, our heirs, executors, admin- istrators, successors, and assigns jointly and severally; provided that, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind our- selves in such sum "jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal , for the pay- ment of such sum only as is set forth opposite the name of such Surety; but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum. WHEREAS, the U.S. Nuclear Regulatory Commission, an agency of the U.S. Government, pursuant to the Atomic Energy Act of 1954, as amended, and the Energy Reorganiza- tion Act of 1974, has promulgated regulations in Title 10, Chapter I of the Code of Federal Regulations, Part 50, applicable to the Principal , which require that a license holder or an applicant for a license provide financial assurance that funds will be available when needed for facility decommissioning; B-23 • Appendix 8.4, continued NOW, THEREFORE, the conditions of the obligation are such that if the Principal shall faithfully, before the beginning of decommissioning of each facility iden- tified above, fund the standby trust fund in, the amount(s) identified above for the facility; Or, if the Principal shall fund the standby trust fund in such amount(s) after an order to begin facility decommissioning is issued by [insert "the NRC" or the name of the State agency] or a U.S. district court or other court of competent jurisdiction; Or, if the Principal shall provide alternative financial assurance and obtain the written approval of the [insert "NRC" or the name of the State agency] of such assurance, within 30 days after the date a notice of cancellation from the Surety(ies) is received by both the Principal and the [insert IIRC" or the name of the State agency], then this obligation shall be null and void; otherwise it • is to remain in full force and effect. The Surety(ies) shall become liable on this bond obligation only when the Prin- cipal has failed to fulfill the conditions described above. Upon notification by the [insert "NRC" or the name of the State agency] that the Principal has failed to perform as guaranteed by this bond, the Surety(ies) shall place funds in the amount guaranteed for the facility(ies) into the standby trust fund. The liability of the Surety(ies) shall not be discharged by any payment or suc- cession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond., but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum. The Surety(ies) may cancel the bond by sending notice of cancellation by certi- fied mail to the Principal and to the [insert "NRC" or the name of the State agency] provided, however, that cancellation shall not occur during the 90 days beginning on the date of receipt of the notice of cancellation by both the Prin- cipal and the [insert "NRC" or the name of the State agency], as evidenced by the return receipts. The Principal may terminate this bond by sending written notice to the [insert "NRC" or name of State agency] and to Surety(ies) 90 days prior to the proposed date of termination, provided, however, that no such notice shall become effec- tive until the Surety(ies) receive(s) written authorization for termination of the bond from the [insert "NRC" or the name of the State agency]. The Principal and Surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new amount, provided that the penal sum does not increase by more than 20 percent in any one year, and no decrease in the penal sum takes place without the written permission of the [insert "NRC" or the name of the State agency]. In Witness Whereof, the Principal and Surety(ies) have executed this financial guarantee bond and have affixed their seals on the date set forth above. B-24 Appendix 8.4, continued The persons whose signatures appear below hhreby certify that they are authorized to execute this surety bond on benalf of the Principal and Surety(ies). Principal [Signature(s)] [Name(s)] [Title(s)] [Corporate seal] Corporate Surety(ies) [Name and address] State of incorporation: Liability limit: $ [Signature(s)] [Name(s) and title(s)] [Corporate seal] [For every co-surety, provide signature(s), corporate seal , and other informa- tion in the same manner as for Surety(ies) above.] Bond premium: S • B-25 APPENDIX 8$ RECOMMENDED WORDING FOR IRREVOCABLE STANDBY LETTER OF CREDIT IRREVOCABLE STANDBY LETTER OF CREDIT NO. [INSERT NO. ] This Credit Expires [insert date] Issued To: [Insert U.S. Nuclear Regulatory Commission; Washington, DC 20555, or name and address of appropriate State agency.] Dear Sir or Madam: We hereby establish our Irrevocable Standby Letter of Credit No. in your favor, at the request and for the account of [applicant's name and address] up to the aggregate amount of [in words], U. S. dollars S available upon presentation of: (1) your sight draft, bearing reference to this Letter of Credit No. and (2) your signed statement reading as follows: "I certify that the amount of the draft is payable pursuant to regulations issued under authority of ` This letter of credit is issued in accordance with regulations' issued under the authority of the U.S. Nuclear Regulatory Commission (NRC), an agency of the U.S. Government, pursuant to the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974. The NRC has promulgated regulations in Title 10, Chapter I of the Code of Federal Regulations, Part 50, which require that a holder of, or an applicant for, a license issued under 10 CFR Part 50 provide assurance that funds will be available when needed for decommissioning. This letter of credit is effective as of [date] and shall expire on [date at least 1 year later], but such expiration date shall be automatically extended for a period of [at least 1 year] on [date] and on each successive expiration date, unless, at least 90 days before the current expiration date, we notify both you and [licensee's name], as shown on the signed return receipts. If [licensee's name] is unable to secure alternative financial assurance to replace this letter of credit within 30 days of notification of cancellation the NRC may draw upon the full value of this letter of credit prior to cancellation. The bank shall give immediate notice to the applicant and the [insert "NRC" or name of State agency] of any notice received or action filed alleging (1) the insol- vency or bankruptcy of the financial institution or (2) any violations of regu- latory requirements that could result in suspension or revocation of the bank's charter or license to do business. The financial institution also shall give immediate notice if the bank, for any reason, becomes unable to fulfill its obligation under the letter of credit. 8-26 1 Appendix 8.5, continued whenever this letter of credit is drawn on ander and in compliance with the terms of this letter of credit, we shall duly honor such draft upon its presentation to us within 30 days, and we shall deposit the amount of the draft directly into the standby trust fund of [licensee's name] in accordance with your instructions. Each draft must bear on its face the clause: "Drawn under Letter of Credit No. , dated , and the total of this draft and all other drafts previously drawn under this letter of credit does not exceed [fill in amount]. " [Signature(s) and title(s) of official(s) of issuing institution] [Date] This credit is subject to [insert "the most recent edition of the Uniform Customs and Practice for Documentary Credits, published by the Interns Tonal Chamber of Commerce," or "the Uniform Commercial Code"]. • 8-27 i APPENDIX 8.1 RECOMMENDED WORDING FOR DOCUMgNT5 RECOMMENDED TO SUPPORT CORPORATE- GUARANTEE APPENDIX 8.6.1 RECOMMENDED WORDING FOR LETTER FROM CHIEF FINANCIAL OFFICER OF CORPORATE PARENT, INCLUDING COST ESTIMATES AND DATA FROM AUDITED FINANCIAL STATEMENTS • (Address to U. S. Nuclear Regulatory Commission or State regulatory agency) I am the chief financial officer of [name and address of firm], a [insert "proprietorship," "joint venture," "partnership." or "corporation"]. This letter is in support of this firm's use of the financial test to demonstrate financial assurance, as specified in 10 CFR Part 50. [Complete the following paragraph regarding facility(ies) and associated cost estimates. For each facility, include its license number, name, address, and current cost estimates for the specified activities. ] This firm guarantees, through the parent company guarantee submitted to demon- - strate compliance under 10 CFR Part 50, the decommissioning of the following facility(ies) owned or operated by subsidiary(ies) of this firm. The current cost estimates or certified amounts for decommissioning, so guaranteed, are shown for each facility: Name of Location of Current Facility Facility Cost Estimates This firm [insert "is required" or "is not required"] to file a Form 10K with the U.S. Securities and Exchange Commission for the latest fiscal year. • This fiscal year of this firm ends on [month, day]. The figures for the follow- ing items marked with an asterisk are derived from this firm's independently audited, year-end financial statements and footnotes for the latest completed fiscal year, ended [date]. [Insert completed Alternative I or Alternative II.] I hereby certify that the content of this letter is true and correct to the best of my knowledge. [signature] [Name] [Title] [Date] • 8-28 I APPENDIX B.6.2 Financial Test: Alternative I 1. Decommissioning cost estimates for facility [insert license number] (total of all cost estimates shown in paragraphs above) y *2. Total liabilities (if any portion of the cost estimates for decommissioning is included in total liabilities on your firm's financial statement, deduct the amount of that portion from this line and add that amount to lines 3 and 4) $ *3. Tangible net worth *4. Net worth *5. Current assets _—____— *6. Current liabilities �'— *7. Net working capital (line 5 minus line 6) *8. The sum of net income plus depreciation, depletion, and amortization S *9. Total assets in United States (required only if less than 90 percent of firm's assets are located in the United States) $ Yes No , 10. Is line 3 at least S10 million? 11. Is line 3 at least 6 times line 1? 12. Is line 7 at least 6 times line 1? 13. Are at least 90 percent of firm's assets located in the United States? If not, complete line 14. 14. Is line 9 at least 6 times line 1? (Guarantor must meet two of the following three ratios) 15. Is line 2 divided by line 4 less than 2.0? 16. Is line 8 divided by line 2 greater than 0.1? 17. Is line 5 divided by line 6 greater than 1.5? —` enotes gures erived from financial statements. B-29 APPENDIX 6.6.3 Financial Test: Alternative II I. Decommissioning cost estimates for facility [insert license number] (total of all cost estimates shown in paragraphs above) S 2. Current bond rating of most recent issuance of this firm and name of rating service 3. Date of issuance of bond 4. Oate of maturity of bond *5. Tangible net worth (if any portion of estimates for decommissioning is included in total liabilities on your firm's financial statements, add the amount of that portion to this line). S *6. Total assets in United States (required only if less than 90 percent of firm's assets are located in the United States) S • • YES NO • 7. Is line 5 at least $10 million? 8. Is line 5 at least 6 times line 1? *9. Are at least 90 percent of firm's assets located in in the United States? If not, complete line 10. 10. Is line 6 at least 6 times line 1? 'Denotes figures derived from financial statements. • 8-30 APPENDIX 8.6.4 SAMPLE OF AUDITOR'S SPECIAL REPORT BY-CERTIFIED PUBLIC ACCOUNTANT CONFIRMATION OF CHIEF FINANCIAL OFFICER'S LETTER We have examined the financial statements of [company name] for the year ended [date], and have issued our report thereon dated [date]. Our examination was made in accordance with generally accepted auditing standards and. accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary. The [company name] has prepared documents to demonstrate its financial responsi- • bility under the NRC's financial assurance regulations, 10 CFR Part 50. This letter is furnished to assist the licensee [insert NRC license number and name] in complying with these regulations and should not be used for other purposes. The attached schedule reconciles the specified information furnished in the chief financial officer's (CFO's) letter in response to the regulations with the company's financial statements. In connection therewith, we have 1. Confirmed that the amounts in the column "Per Financial Statements" agree ' with amounts contained in the company's financial statements for the year ended [date]; 2. Confirmed that the account in the column "Per CEO's Letter" agrees with the letter prepared in response to the NRC's request; 3. Confirmed that the amounts in the column "Reconciling Items" agrees with analyses prepared by the company setting forth the indicated items; and 4. Recomputed the totals and percentages. Because the procedures in 1-4 above do not constitute a full examination made in accordance with generally accepted auditing standards, we do not express an opinion on the manner in which the amounts were derived in the items referred to above. In connection with the procedures referred to above, no matters came to our attention that cause us to believe that the chief financial officer's letter and supporting information should be adjusted. Signature Date 8-31 APPENDIX 8.6:4.1 SAMPLE SCHEDULE RECONCILING AMOUNTS CONTAINED IN CHIEF FINANCIAL OFFICER'S LETTER WITH AMOUNTS IN FINANCIAL STATEMENTS XYZ COMPANY YEAR ENDED DECEMBER 31, 19XX Line Number Per Recor Per in Financial citing CFO's CFO's Letter Statements Items Letter 6 Total current liabilities X Long-term debt X Deferred income taxes X, Accrued decommissioning costs included in current liabilities X Total liabilities (less accrued decommissioning costs) X • 4 Net worth XX Less: Cost in excess of value of tangible assets acquired X AR Accrued decommissioning costs included in current liabilities X Tangible net worth (plus decommissioning costs) XX (Balance of schedule is not illustrated. ) This illustrates the form of schedule that is contemplated. Details and reconciling items-will differ in specific situations. • 8-32 APPENDIX B.fr.5 RECOMMENDED WORDING FOR PARENT COMPANY GUARANTEE PARENT COMPANY GUARANTEE Guarantee made this [date] by [name of guaranteeing entity] a [insert "proprie- torship," "joint venture," "partnership," or "corporation"] organized under the laws of the State of [insert name of State], herein referred to as "guarantor," to the U S. Nuclear Regulatory Commission (NRC), or State agency found acceptable to the NRC, [insert name of State agency], obligee, on behalf of our subsidiary [licensee] of [business address]. Recitals 1. The guarantor has full authority and capacity to enter into this guarantee [if guarantor is a corporation, add the following phrase "under its bylaws, articles of incorporation, and the laws of the State of [insert guarantor's state of incorporation], its State of incorporation"]. [If the guarantor has a Board of Directors, insert the following: "Guarantor has approval from its Board of Directors to enter into this guarantee."] 2. This guarantee is being issued to comply with regulations issued by the NRC, an agency of the U.S. .Government, pursuant to the Atomic Energy Act • of 1954, as amended, and the Energy Reorganization Act of 1974. NRC has promulgated regulations in Title 10, Chapter I of the Code of Federal Regulations, Part 50 which require that a holder of, or an applicant for, a license issued pursuant to 10 CFR Part 50 provide assurance that funds will be availacle when needed for required decommissioning activities. 3. The guarantee is issued to provide financial assurance for decommissioning activities for [identify licensed facility(ies)] as required by 10 CFR Part 50. The decommissioning costs for which are as follows: [insert amount of decommissioning cost guaranteed for each identified facility]. • 4. The guarantor meets or exceeds the following financial test criteria [insert statement indicating which financial test is being used] and agrees to com- ply with all notification requirements as specified in 10 CFR Part 50. The guarantor shall meet one of the following two financial tests: (a) (i) A current rating of its most recent bond issuance of AAA, AA, A or BBB as issued by Standard and Poor's, or Aaa, Aa, A or Boa as rated by Moody's; and (ii) Tangible net worth is at least $10 million and at least six times the current decommissioning cost estimate (or prescribed amount if a certification is used); and (iii) Assets located in the United States amounting to at least 90 percent of its total assets or at least six times the current decommissioning cost (or prescribed amount if certification is used). or B-33 i Appendix 8.6.5, continued (b) (i) Net working capital and tangible net worth each at least six times the current decommissioning cost estimates (or prescribed amount if certification is used); and (ii) Assets located in the United States amounting to at least 90 percent of its total assets or at least six times the amount of the current decommissioning cost estimates (or prescribed amount if certification is used); and (iii) Meets two of the following three ratios: a ratio of total liabilities to net worth less than 2.0; a ratio of the sum of net income plus depreciation, depletion, and amortization to total liabilities that is greater than 0.1; and a ratio of current assets to current liabilities that is greater than 1.5; and (iv) Tangible net worth of at least S10 million. 5. The guarantor has majority control of the voting stock for the following licensee(s) covered by this guarantee. [List for each licensee: name, address, the facility(ies) owned or operated by each licensee, and. the corresponding license number(s). ] 6. Decommissioning activities as used below refers to the activities required . by 10 CFR Part 50 for decommissioning of facility(ies) identified above. 7. For value received from [licensees], [if the guarantor is a corporation, add "and pursuant to the authority conferred upon the guarantor by ("the unanimous resolution of its directors" or "the majority vote of its shareholders"), a certified copy of which is attached"] the guarantor guarantees to the [insert "NRC" or the name of the State agency] that if the licensee fails to perform the required decommissioning activities, as required by License No. [insert license number], the guarantor shall (a) carry out the required activities, or (b) set up a trust fund in favor of the above identified beneficiary in the amount of these current cost estimates for these activities. [If a State is the named beneficiary, the guarantee documentation should include written verification from the State agreeing to use the trust funds to carry out the required decommissioning activities for the named facility(ies).] 8. The guarantor agrees to submit revised financial statements, financial test data, and a special auditor's report and reconciling schedule annually within 90 days of the close of the parent guarantor's fiscal year. 9. The guarantor agrees that if, at the end of any fiscal year before termina- tion of this guarantee, it fails to meet the financial test criteria, the licensee shall send within 90 days of the end of the fiscal year, by certi- fied mail , notice to the [insert "NRC" or the name of the State agency] that the licensee intends to provide alternative financial assurance as 8-34 Appendix 8.6.5, continued specified in 10 CFR Part 50. Within 120 days after the end of the fiscal year, the guarantor shall establish such financial assurance if the [li- censee] has not done so. 10. The guarantor also agrees to notify the beneficiary promptly if the owner- ship of the licensee or the parent firm is transferred and to maintain this guarantee until the new parent firm or the licensee provides alternative financial assurance acceptable to the beneficiary. 11. The guarantor agrees that within 30 days after being notified by the [insert "NRC" or the name of the State agency] of a determination that it no longer meets the financial test criteria or that it is disallowed from continuing as a guarantor for the facility under License No. [insert license number], it'shall establish an alternative financial assurance as specified in 10 CFR Part 50 as applicable, in the name of [licensee] unless [licensee] has • done so. 12. The guarantor as well as its successors and assigns agree to remain bound jointly and severally under this guarantee notwithstanding any or all of the following: amendment or modification of license or NRC-approved decor missioning funding plan for that facility, the extension or reduction of the time of performance of required activities, or any other modification or alteration of an obligation of the licensee pursuant to 10 CFR Part 50. 13. The guarantor agrees that all bound parties shall be jointly and severally liable for all litigation costs incurred by the beneficiary [insert name] in any successful effort to enforce the agreement against the guarantor. 14. The guarantor agrees to remain bound under this guarantee for as long as [licensee] must comply with the applicable financial assurance requirements of 10 CFR Part 50, for the previously listed facility(ies), except that the guarantor may cancel this guarantee by sending notice by certified mail to the [insert "NRC" or the name of the State agency] and to [licensee], such cancellation to become effective no earlier than 120 days after receipt of such notice by both the [insert "NRC" or the name of the State agency] and [licensee] as evidenced by the return receipts. 15. The guarantor agrees that if [licensee] fails to provide alternative financial assurance as specified in 10 CFR Part 50, as applicable, and obtain written approval of such assurance from the [insert "NRC" or the name of the State agency] within 90 days after a notice of cancellation by the guarantor is received by the [insert "NRC" or the name of the State agency] from the guarantor, the guarantor shall provide such alternative financial assurance in the name of [licensee] or make full payment under the guarantee. 16. The guarantor expressly waives notice of acceptance of this guarantee by the insert "NRC" or the name of the State agency] or by [licensee]. The guarantor also expressly waives notice of amendments or modification of the decommissioning requirements and of amendments or modifications of the license. 8-35 • Appendix 8.6.5, continued 17. If the guarantor files financial reports with the U.S. Securities and Exchange Commission, then it shall promptly submit them to the [insert "NRC" or the name of the State agency] during each year in which this guarantee is in effect. I hereby certify that this guarantee is true and correct to the best of my knowledge. Effective date: [Name of guarantor] [Authorized signature for guarantor] [Name of person signing] [Title of person signing] Signature of witness or notary: • 8-36 i DRAFT VALUE/IMPACT-STATEMENT 1. PROPOSED ACTION 1.1 Description A final rule on decommissioning, including decommissioning nuclear power reactors, was published on June 27, 1988 in the Federal Register (53 FR 24018). The final rule requires applicants for a nuclear reactor operating license and existing licensees to submit information on how reasonable assurance will be provided that funds are available to decommission the facility. Amended § 50.75 establishes requirements for indicating how this assurance will be provided, specifically the amount of funds that must be provided, including updates, and the funding methods to be used. This proposed action is to issue a regulatory guide on assuring the avail- ability of funds for decommissioning nuclear power reactors. A draft regula- tory guide would be issued for comment in support of the amended rules on decommissioning. 1.2 Need At the present time there are no published regulatory guides concerning methods for complying with the requirements in the rule amendments on decommis- sioning. Guidance is needed on submittal of the certification of amounts or of cost estimates for decommissioning and on the content of funding methods that are acceptable to the NRC staff for providing reasonable assurance of the avail- ability of funds for decommissioning reactors. Specific information should be provided on certifications and on the cost estimates needed for decommissioning plans so that applicants and licensees can prepare and submit the required information with a minimum of time and effort. This regulatory guide would describe methods to implement the general requirements on financial assurance in the final rule in a manner that will facilitate NRC staff consideration. V/I-1 1.3 Value/Impact 1.3.1 NRC This regulatory guide identifies criteria for consistent and efficient staff consideration of methods proposed by applicants and licensees for assuring availability of funds for nuclear reactor decommissionings, and in this way, it will facilitate implementation of the amendments to the regulations concerning decommissioning. The application and use of this guidance by the staff members will aid their consideration of funding methods. The proposed guidance should reduce correspondence between NRC and applicants and licensees. The regulatory analysis for the decommissioning rule amendments estimated the staff time involved in financial assurance considerations. This guide does not add to this time but provides guidance for satisfying financial assurance provisions required by the rule, and in so doing, minimizes staff time to the extent practical. 1.3.2 Other Government Agencies • Government agencies that are NRC applicants or licensees will be affected in a manner similar to industry (see Section 1.3.3). The principal effect on other government agencies would be to inform them more completely of NRC's de- commissioning policy for reactors. This information would be of interest to State and Federal agencies that are involved in the regulation of utility rate- making and trust operations. 1.3.3 Industry Industry should benefit from the guidance because it would facilitate prep- aration and submittal of certifications and decommissioning plans and would standardize licensing considerations in this area. The regulatory guide would describe methods for meeting requirements contained in the amended rules on decommissioning, thus benefiting industry by reducing uncertainty regarding the rules and reducing unnecessary communication with NRC, and therefore expediting V/I-2 implementation of financial assurance provisions. Publication of a draft guide . will also allow industry representatives to participate in the development of an active regulatory guide by submitting comments. The regulatory analysis for the rule amendments on decommissioning esti- mated the impact on industry for implementation of financial assurance require- ments. No additional impact is anticipated as a result of this proposed action since it merely provides guidance for satisfying financial assurance provisions required by the rule, and in so doing, minimizes impact on industry to the extent practical. 1.3.4 Public The proposed action will benefit the public in improved safety in that the rule changes will be implemented more effectively as a result of this Action. The proposed action would help provide assurance of the availability of funds for safe decommissioning as required by the rule. 2. TECHNICAL APPROACH The major technical questions related to financial assurance for decom- missioning have been considered in developing the amended rules on acceptable funding levels and funding methods. In addition, many of the technical ques- tions related to implementing the rule have been considered in the reports that provide a partial basis for this proposed action, i.e. , the reports generated' under the technical assistance contracts with Battelle Pacific Northwest Labor- atories and with Dr. J. Siegel of the Wharton School , NUREG/CR-0130 (Ref. 1), NUREG/CR-0672 (Ref. 2), and NUREG/CR-3899 (Ref. 3), and the reports generated by NRC staff, NUREG-0584 (Ref. 4) and NUREG-1307 (Ref. 5). Thus, major tech- nical questions will not be decided in developing this particular action. 3. PROCEDURAL APPROACH 3.1 Procedural Alternatives Potential NRC procedures that may be used to promulgate the proposed action include: V/I-3 • Regulation - • NUREG-series report • Regulatory guide • Branch technical position The major reason for the proposed action is to provide detailed descriptive guidance on the implementation of the final rule on decommissioning, which is not appropriate to include in a regulation. There have been a number of NUREG reports published that relate to the pro- posed action, but these do not contain, nor is it appropriate fir a NUREG to contain, the specific guidance concerning regulatory positions needed for this action. No branch technical position is being developed on this subject, and over the long term, a branch position would not adequately fill the need in this case. A regulatory guide is the preferred course of action. 4. STATUTORY CONSIDERATIONS 4.1 NRC Authority Authority for the proposed action is derived from the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, as amended and implemented through the Commission's regulations cited in the introduction to the guide. 4.2 Need for Assessment Issuance or amendment of guides for implementing regulations in this chap- ter is a categorical exclusion under paragraph 51.22(c)(16) of 10 CFR Part 51. Thus no environmental impact statement or assessment is necessary. 5. RELATIONSHIP TO OTHER EXISTING OR PROPOSED REGULATIONS OR POLICIES The draft regulatory guide is being issued for public comment in support of the rule amendments on decommissioning (June 27, 1988, 53 FR 24018). V/I-4 6. SUMMARY AND CONCLUSIONS Guidance on nuclear reactor decommissioning funding methods is needed to ensure that the information required by the amended rules on decommissioning is prepared and submitted in a satisfactory manner to the NRC. Publication of a regulatory guide will provide clear guidance for implementing requirements in the amended decommissioning rules, and could significantly reduce the corres- pondence between applicants and licensees and the NRC staff, both of which would reduce costs. The incremental impact is insignificant. No other alternative than this action is judged to be as satisfactory. Thus, a draft regulatory guide on assuring the availability of funds for decommissioning nuclear reactors should be published for public comment. • • V/I-5 l REFERENCES 1. R. I. Smith, G. J. Konzek, and W. E. Kennedy, Jr. , "Technology, Safety and Costs of Decommissioning a Reference Pressurized Water Reactor Power Station" (prepared by Pacific Northwest Laboratory for the U.S. Nuclear Regulatory Commission), NUREG/CR-0130, June 1978; Addendum 1, July 1979; Addendum 2, July 1983; Addendum 3, September 1984; and Addendum 4, July 1988. 2. H. D. Oak et al. , "Technology, Safety and Costs of Decommissioning a Refer- ence Boiling Water Reactor Power Station" (prepared by Pacific Northwest Laboratory for the U.S. Nuclear Regulatory Commission), NUREG/CR-0672, June 1980; Addendum 1, July 1983; Addendum 2, September 1984; and Adden- dum 3, July 1988. 3. J. J. Siegel , "Utility Financial Stability and the Availability of Funds for Decommissioning" (prepared by Engineering and Economics Research, Inc. , • for the U.S. Nuclear Regulatory Commission), NUREG/CR-3899, September 1984, and Supplement.', June 1988. 4. Robert S. Wood, "Assuring the Availability of Funds for Decommissioning Nuclear Facilities," Rev. 3, U.S. Nuclear Regulatory Commission, Draft Report, NUREG-0584, March 1983. 5. U.S. Nuclear Regulatory Commission, "Report on Waste Burial Charges," NUREG-1307, July 1988. V/I-6 @TN�_ �� n. �. _ 07j M o I.gl@ lif0© L 3 @ff fl DISTRICT OFFICE QUARTERLY 4302 W.9th St.Road NEWSLETTER Greeley,Colorado (303)356-6506 VOLUME 6, NO.2 APRIL-JUNE,1980 SUPERVISORS MILT BAUMGARTNER SCD NOXIOUS WEED COST—SHARE PROGRAM SIGN—UP President A SUCCESS ! DEAN SEVERIN Vice Presiden• r The word is out about the district's weed cost-share program! There was a great ART BRIGGS ¢ response from district cooperators at the 1989 Spring sign-up. Secretary/Treasurer ,- In 1988 after the Spring and Fall sign-up, a total of 96 district cooperators REINHOLD WACKER ii participated representing 100 weed control plans. A little over 4,428 acres were treated Member cc and 819,398.73 in cost-share payments have been paid so far. Not all bills from the 1988 THOMAS VARRA o program have been turned in by program participants. Member ? For the 1989 Spring sign-up, the number of district cooperators applying more than LL DOUBLED last years total! SCD staff signed up 216 cooperators, 85 of which participated DISTRICT STAFF LL in last years program. We like seeing you return. SCD Field Representatives Joe miller KATHY PETERSEN o and Gus Freeman have been very busy and have met with j-u-s-t about everyone to verify Administrative Asst. kC GAYLENE GOLDING kC weeds in the field and assist cooperators in developing a Weed Control Plan. District Clerk a The West Greeley SCD Board of Supervisors would like to emphasize that this is YOUR JOE MILLER = program. All comments and suggestions we've received have been appreciated. Since this Field Representative 5 is the first soil conservation district cost-share program in the State of Colorado, your GUS FREEMAN a feedback is essential so that the West Greeley SCD can continue to meet your needs and Field Representative z improve the program. DONALD MOSS O FSA Conservation Planner SCS STAFF a RONALD MILLER p District Conservationist u SOIL AND WATER C L uJ C.W.SCOTT a STEWARDSHIP WEEK ws `` "� - .1 ,s' Soil Conservationist ,fey • MILK RICE + Soil Conservationist 'f' RAYMOND MOWERY Soil and Water Stewardship Week — a time Soil Conservationist to ask what each of us can do to help conserve • —"n r--- MACKEY our precious natural resources of soil, water � ;�._ ' Soil Cons.Technician and air. Remember: our future depends on BILL WILMOT conserving today. Soil Cons.Technician A total of 20 churches in the Greeley, STEVEN PETERSEN Soil Cons.Technician Windsor, Eaton, Kersey, 'Ault, Pierce areas ,. LINDA HERBST participated in the observance by using Till': LIVING I",I\ I. Soil Cons,Technician bulletins and litney inserts provided by the Soil and Water 50 and especially designed to convey the 1989 Stewardship Week theme, 'Renewing the Living Earth. April 30-May 7.1989 Pocket-size Weed Book Available A pocket-size weed book is now available at the SCS/SCD office for $1. It's called 'COLORADO'S 21 TROUBLESOME The guide was prepared by the Colorado Weed Management WEEDS'. The plants described in the book are the most Association. Photographs were provided by the USDA, Soil troublesome and costly weeds in the state of Colorado. Conservation Service. Large quantities may be purchased from Besides a color photo of the reed and description, the book the Colorado Weed Management Association, 9755 Henderson Rd., has a List of Resource Agencies by County and a glossary of Brighton, Colorado 80601. terms. 7r $ V%g 189 MEET DISTRICT SUPERVISOR ART BRIGGS CONSERVATION COMPLIANCE UPDATE by Mick Rice and Ray Mowery SCS Soil Conservationists . (FSA Compliance Planners) •- ta. The number of producers with approved plans for • conservation compliance continues to rise. As of May 10, 1939, fr• , ,.,1 . / records indicate 379 approved plans on file covering 265,528.3 ' • � T ?a '}s`., .� ,'i acres of highly erodible land (HEL). The HEL acreage planned is Li, .. 1S A) ; ��: `e.'7w . over 400,000 if we consider CRP contracts and plans approved for ' plow permits. In addition, 79 conservation compliance plans a �i ' ' Mr•-, ,��Ie,.. r/.. ` have been started and in various stages of completion. Cur best . :•„ 0)^""' r estimate at this time indicates approximately 300 plans covering - A 3„ v —,.:*:;"5.--. .;./s:' an additional 140,000 acres must be approved before December 51, �«•��.,,:t' ,` ;et...;••,.c 1989. By then, we should have virtually everyone on the safe , ' '� , "f`"`1i ` side of the 1935 Food Security Act conservation compliance �: ✓ 'q�.Y - issue. ' +`1"yar' - Presently, we're working on a first-come-first-serve nyvee z .- basis with producers who are on our 'TO CONTACT' list. About 75 . .r. r y producers who earlier requested compliance planning assistance '',;0" �761.",' * 4 remain on that list. If you've requested assistance, please be ='r •'SfV'P y e• •Y.:t .,c.Z„ • patient. If you haven't planned or requested assistance in ( ‘ fla r,? .rt; ,y developing your conservation compliance plan, please give us a /,a+ 'e+*✓` J - call. Remember, your 1990 USDA program participation (ASCS r _ programs, USDA subsidized crop insurance, FNMA loan privileges, —• ,' �`- CRP rental payments, etc) is contingent upon your plants) for 4 '„iP^,c,conserving highly erodible land and preserving wetland areas. �� ' A NOTE OF CAUTION for those producers who have an Art was born and raised in Greeley, Colorado. Me his approved conservation compliance plants). You plan has been two children, John Briggs of Fort Collins, Colorado and Sharon written in a general format to allow minor adjustments in crops Burian of Highlands Ranch, Colorado. He spent three years in grown, tillage implements used, etc. If you're considering the U.S. Army from 1943-46. Art graduated from Greeley High s;gnigicant changes in your present farming activities, be sure School and Colorado State University with a degree in General to contact our office immediately to see if adjustments or Agriculture. For 11 years, he worked in the Meld County additional planning is necessary. This is especially true if Extension office as a County Weed Control Officer. you'll be farming acreages not included in your plan or if 'I farmed for 25 years in the Greeley area. My farming you'll be purcnasing or leas'ng additional land. operation consisted of irrigated and non-irrigated farming. Crops grown were sugar beets, potatoes, pinto beans, alfalfa, Reminder About FSA Appointments *ittomatoes, green peas, and wheat. I used irrigation pipelines 444 When SCS Soil Conservationists contact you to set up and practiced irrigation water management." Art Briggs went on the Soil Conservation District board an appointment to come into the office and develop a plan, set in October of 1963 and has served terms is president and up a date and time right then. PLEASE DON'T PUT IT OFF IF AT secretary of the board. Currently, he is secretary/treasurer. ALL POSSIBLE! We realize this is a busy time for all of you and His term expires in 1992. While on the board, he received wilt continue to be so through the fall. In order to assist serveral Goodyear awards. 'I'm convinced that through producers to be in compliance, SCS Conservationists need to soil conservation we can maintain our soils for future complete a specific number of plans each day and keep that up generations." through the end of the year in order to assist everyone. 1..\ 1 Don't miss your chance to get your plan completed `_..;. ;i before the end of the year. I ' ,. 't I IVI II LOTS OF CALLS ABOUT � '4 t '•M,,`/ PRAIRIE DOG CONTROL i ri — MEETING — i ' The West Greeley SCD Board of The SCS/SCD office has been receiving quite a few calls Supervisors hold their regular about prairie dog control. Here's what information we have at monthly meeting the second Monday this time. Richard Heckendorf, Kersey, works for the Colorado of each month at the USDA Service Dept. of Agriculture and is licensed to use the only two Center Bill lding. These meetings chemicals approved by the EPA for the extermination of prairie are open to the public . Call the dogs, aluminum phosphide and zinc phosphide. He charges office for the time of the meeting. 116/hr., 24 cents/ri. plus materials. His phone number is 3$2- 3050. 9th CONSERVATION RESERVE PROGRAM AWARD PROGRAM TO RECOGNIZE SOIL SIGN—UP ANNOUNCED MOISTURE CONSERVATION ACHIEVEMENTS The next CRP sign—up will be held duty 17—August 4, 1989 at the USDA Farmers in the West Greeley Soil Conservation District Service Center, Greeley. It ' s are eligible to receive special recognition for their efforts to a three week sign—up period. I f p conserve and manage soil moisture supplies. The National Association of Conservation Districts and you have questions, contact . . . the DuPont Company have teamed up to sponsor the Soil Moisture S a ma n t ha C a l v i 1 1 0 Manager Program. The purpose of the 'program is to promote Weld County ASCS conservation practices among dryland farmers that not only 356-8097 n g preserve the land, out also help make farming mere profitable. The West Greeley SCD has been selected to participate C . W. Scott or ?tsar i i strectp program by the Colorado Association of Conservation Linda Herbst iii, REStA�� 48 Nominations for a district winner will be received Soi L Conservation Service throughout the summer, and a district winner wiN be announced 356-6506 in August. Winners at the district level will be honoree at the CRP COVER CROPS district's annual meeting and will automatically be eligible for By C.W. Scott, SCS Soil Conservationist consideration is the overall state winner in the Soil Moisture Manager Program. Spring is finally here and it's time to start preparing DuPont will award the overall state winner anc his the seedbed for a cover crop. The cover crop can be a warm spouse with a trip to the 1990 Nat anal Association of season forage sorghum or a long season (110-120 day) miio. The Conservation Districts convention in San Diego along with state sorghum can be planted at approximatley d-10 lbs./acre. The winners from eight other participating states. milo is planted at a rate to achieve between 60,000-80,000 To qualify for the Soil Moisture Manager award, each plants/acre depending on purity and germination. Forage sorghum applican must: produce dryiand cereal crops, derive a stands up as a cover crop if it is clipped to 12-18 inches in substantial portion of income from farming or ranching, height. The milo with its thicker stalk doesn't need to be demonstrate the use of innovative soil moisture management clipped as long as it doesn't produce viable seed. Although we practices that are easily adaptable by other farmers, exceil in have until July 15 to plant this cover crop, past experience has at least 2 of the following areas: effective use of crop shown that those planted before June 30 are taller, healthier residue, practice moisture-conserving tillage methods, and provide much better cover. control moisture-robbing weeds. manage crop rotations to Remember, a thick weed-free cover crop wiii hold the optimize plant use of available soil moisture, monitor soil soil and keep grass seed from blowing away. It will also speed moisture supplies to guide production practices throughout the up approval for payment. Therefore, it is well worth a little year, be a leader in conservation efforts or organizations. extra time and money to provide an excellent cover crop, as to More than 400 soil conservation districts in nine spend time and money on 2 grass settlings or 2 cover crops. cereal producing states are being asked to participate in this program. The Soil Moisture Manager Program is designed to increase awareness of the need for soil moisture management WEED CONTROL POLICY FOR CRP LAND practices to enhance production of cereal grains. C.W. Scott, SCS They're coming, if they're not already here... WEEDS!!' Ci.) June and July are the two best months to apply weed control on CRP ground. This is a reminder to ail the participants that they're responsible for weed control for the duration of their contract whether it is cost-shared or not. This is outlined under the Operation and Maintenance item in the es . Conservation Plan of 0perations(CP0). ARE YOU TUNING IN TO KGRE-Greeley " This past year we've had many complaints about weeds blowing across fields and tearing down fences. As a result of these complaints, field checks will be made on ail CRP fields. Every Monday, Wednesday, and Friday from 6:50-7 a.m., All CRP participants will control weeds on their CRP KGRE radio broadcasts the latest "Conservation Reports" prepared land. If weed control is not completed, the contract can be put by the staff of the USDA ASCS office, USDA SCS office, Colorado out of compliance. Being out of compliance could mean State Forest Service and West Greeley SCD. We appreciate KGRE forfeiture of annual payment and/or repayment of ail cost-snare asking if we'd be interested in the 10 minute slot. and annual payments received, plus interest. Colorado Farm-Ranch Radio Network, developed by Greeley Mechanical operations and chemical appiication is residents Bob and Marge Zellmer, represents one of the last permitted and ASCS will cost-share with you on the first locally owned radio stations along the Front Range. The application as long as the treatment is done withing 1 year of Zellmers founded KRDZ, Wray in 1978 and purchased K.GRE on Dec. the CRP grass seeding. From then on, the weed control expenses 1, 1938. They care about agriculture and Colorado! will be those of the CRP participant. If you have any questions with regard to weed control, please don't hesitate to call our office at 356-0500. WEST GREELEY SOIL CONSERVATION DISTRICT 1988 ANNUAL REPORT At the January. 1988 Colorado Farm Show in Greeley, the SCD had an exhibit which was manned by SCD supervisors and SCS personnel from the Greeley field office. *4* The Annual Meeting for 1987 was held Feb. 11 at the Holiday :nn in Greeley. A ouftet dinner was served. SCD announced noxious weed cast-share program. Speakers included Ron Miller. SCS field office: Pon Breda, Weld County Noxious Weed Program Coordinator; and Larry 'Rattlesnake' Helburg, Colorado State Forest Service. 97 PeoPie attended. 444 LeRoy and Laurette Lambertson were honored as the district's Outstanding Cooperators. *** Bob and Warren Stroh received the Goodyear Award from Goodyear Tire & Rubber Co. *** 8 FSA Group Planning Workshops are held• (2 in Munn & l in Hersey, 1 in Briggsdale) 4** Free windbreak workshop was held at island Grove Park. 15 people attended *4* The annual tree sales program with Colorado State Forest Service nursery was carried out the first three months of the year. 44* Seedling tree distribution held in April. 18,860 trees sold t14,300 bare root: 4.530 large potted. 32 small potted] *44 Replacement trees & wildlife packages offered for and year, good response. 4** SCD board helped sponsor & install 2nd living snow fence in West Greeley SCD west of Briggsoale. Fou- signs ordered, 2 for each site. 4*4 SCD provides bulletins and lltney inserts to :6 churches in Greeley, Kersey, B-iggsdale, Windsor, Eaton, Ault. & Galetor in observance of Soil Stewardship Week *44 SCD organized i partic:pated in Coaloank.. watershed tour in June. SCD made arrangements with Weld County for correctional personnel to assist in the cleanup of the dam area *44 *4* SCD received ' ntent to pa'ticipate' from 1002 of landowners & 'ending to write one Spring Creek watershed plan for 256 ac. 44* SCD sponsored 2 scholarships to 4-H Conservation Camp *** Showed video to and sponsored 3 elementary teachers to Conservation Education Workshop, Western State College. Gunn:son(2 from Greeley. 1 from Grover:, *4* Conservation Poster Contest slide set made available to teachers. 2 teachers used **4 2 SCD Noxious Weed Program sign-ups held (56 people, 100 contracts. 4.420.25 ac. treateo. $19.398.733 in cost-snare payments) *4* SCD helps sponsored anc SCD personnel help facilitate 2 Project Learning Tree & : Project Learning Tree/Project Wild teacher workshops 44* Assisted and prompted conservation and minimum till day at Orlando ':iii farm *** Cablegation Field Jay held at Pat MCNear faro 4*4 SCD board member attends ACP development committee meeting *** Memorandum of Undeestanalr,g between West Greeley SCD & USDA Soil Conservation Service is renewed *44 Board of Supervisors reviewed and updated. 144 SCD board attends all 4 Upper South Platte Watershed Association meetings *4* SCD Annual Plan of :fork completed for 1989 44* SCD certified to Weld County Commissioners tax levy need for 1989 *M Prepared & posted 192° budget in preparation fsr Budget Hearing 4*4 1 newsletter and 2 flyers prepared & mailed to cooperators **4 2 Conservation Reserve Program sign-ups held. SCD now has a total of 256 contracts. *4* SCD Field Representatives have exhibit on & give talk on LCD Noxious Weed Control Program at Agland Seminar 44* Reviewed 18 referrals from Weld County Planning Dept. Z1 trucking operation, 2 livestock confinement operation, t research lab. 5 oil and gas permits, 3 coen nut gravel 'its. 5 Special Review Permits; 4** Requests for Assistance from City of Fort Collins & City of Thornton *4* 3 plowing plans reviewed for Well, County Ordinance :'r:A permit 4** Reviewed and approved :09 new cooperative agreements for 55,952 ac. **4 SCD Board of Supervisors held 12 monthly board meetings and 2 special board meetings during year *4* Board member attends Coloard Association of Gcil Conservation District's annual meeting in Glenuxiod Springs 4** Eaton FFA wins 1st place for group exhibit at CASCD annual meeting, Glenwood Springs 444 SCD receives Grand Aware from Goodyear Tire & Rubber Co, 4** Achieved treatment or. 109.858 ac. of non-irrigated cropland In nigh wind erosion areas *44 Improved range condition on 61,738 AC. through Proper Grazing Use, Planned Grazing Systems, Seeding Permanent Cover *4* Providec treatment on 13,087 ac. of irrigated cropland through irrigation Water Management *** Long Range P;an updated 44* FINANCIAL REPORT CASH ON NAND, January 1, 1988 $ 2.625.79 EXPENSES SAVINGS BAL., January 1, 1988 s69,162.04 Administrative Salaries 322,742.75 Contract Labor Administration 30„9„88.42 RECEIPTS Seedling Trees rirchasea 6,s9-.3c Property Tax $ 87,434.08 Other Supplies Purchased 729.42 Sale of Seedling Trees 10,414.18 'ravel Expense °.552.88 Sales of Supplies 434.00 Publication and Abver';: ng 1,981.'03 Interest on Savings 4,384.77 Contract Labe' &mart Other Income 32.172,56 Education Expenses 937,00 $133.657.57 Dues and Subscriptions :,252.03 Cftice Supplies :.626.56 CASH ON HAND DECEMBER 3I, :955 $ 3.935.04 Meetings and Tour= 3.344,19 SAVINGS EALANCE DECEMBER 31, 1988 $96,904.00 Weed Cost Share payments Miscellaneous Ey enditures 5,loo.44 Insurance 2'm,;. ANNUAL PROGRESS SUMMARY FOR WEST GREELEY SOIL CONSERVATION DISTRICT New SCD Cooperators :09 for 59.952 ac. Land Use & treatment Plans Pev:ewec 2if Landowners Assisted 947 Services Provided tc Government Agencies 20 Landowner; APpiving Conservation Practice 311 Conservation Plans 419 farms for 201.932 ac. of HEL4 la'c plus. 25,596 a0cltlonal az. not .+EL' fHEL* = y:ghly Erodible Land) ABOUT THE GREAT PLAINS CONSERVATION PROGRAM rsørt\ • by Rudy Cavazos, SCS Soil Conservationist The Great Plains Conservation Program(GPCPI was created by Congress in 1956. This creation of the program was a resultSeedling • of the agricultural hazards of the region, dramatized by theProgram dust bowl days of the 1930's and another severe drought in the1950's. al trees sot The GPCP program offers long-term technical assistance and cost-sharing through the USDA's Soil Conservation 11 ,950 bare root Service(SCS). The Secretary of Agriculture determines a 4,830 large potted county's eligibility and designates it for participation in 270 small potted GPCP. A landowner in an eligible county develops a conservation 30 wildlife packages plan to meet the needs of the farm or ranch. SCS provides technical help. The landowner signs a contract with USDA / y . agreeing to install the conservation practices on a 3 to 10 year schedule. USDA pays the landowner from 50 to 80 percent of the cost of each approved practice when it's completed. The landowner pays the rest. Contracts are flexible, so the landowner can move ahead more quickly than the plan calls for, or in some cases can modify the contract to meet changes. SCS provides technical SPRING CREEK WATERSHED PROJECT LIVES! assistance in installing and maintaining the conservation Ron Miller, SCS District Conservationist practices through the term of the contract. Money for the entire plan is ear-marked when the contract is signed, so The Spring Creek Watershed project is still alive. contract payments do not depend on annual appropriations. The Funding for project work in FY 1989 was reduce to non-existant maximum for any one contract is 135,000, due to national watershed program budget reduction. Me did, Presently, n the West Greeley SCD, approximatley however, have enough money to fund one watershed contract with 22,942 acres are under active contracts through the Great Plains Jerry and Cody Rouse of Diamond JR Farms to reseed two parcels Conservation Program. Conservation practices scheduled in the of highly erodible class VI non irrigated cropland back to contracts include items such as range seeding, livestock grass. The contract included seedbed preparation, cover crop pipelines, Cross fencing, well drilling, troughs, etc. Most estaglishment, seed and seeding of grass, weed control for grass importantly however, is the that these practices are being establishment along with critical area treatment to shape and applied so that some sort of rangeland management system can be grade gullies for erosion control and permanent cover implemented. Proper rangeland management is part of the establishment. All practices are scheduled for 65X cost-share contract when entering the program and must be adhered to. rate, the amount allowed for all Spring Creek Watershed Great Plains contracts can be developed for either practices. rangeland or cropland. Presently, funds are available for The fiscal year 1990 budget, however, has a much better contract development. forecast. We are told at this point that the Spring Creek The first step to entering into a contract is to stop Watershed project will be funded to $150,000 for contract by the field office and fill out a I page application. After preparation and funding. Principal practices for watershed applications have been prioritized, contracts will be developed planning are for land treatment on non-irrigated cropland. as time and funds allow. Conservation tillage and striperopping will be high priority. For more information on the Great Plains Conservation Medium priority practices for erosion control are critical area Program, stop by the local SCS field office at 4302 N. 9th St. treatment and sediment control devices. Treatment for permanent Rd., Greeley or call 356-6506. practices will be limited to non-irrigated cropland having land capability classes III and IV. Lands with class VI and above es*seemwraatrsretrrrtre,rrfarrraarr will be required to be reseeded to permanent adapted grass Rudy Cavazos is no longer with the SCS field office. He has cover. The watershed contracts will be 3-10 years in length taken over his father's produce business in Texas. Me wish him with $100,000 participant limits. well. The Conservation Reserve ProgramlCAP) and Spring Creek rtrrtrrre+rsesssrtreW,at►rrrrsrHH144 Watershed project tan work very well as companion programs, since producers can put class VI lands in alp and receive annual * * IMPORTANT * * rental payments for taking land out of production and put class IV lands in watershed contracts to receive cost-share for The West Greeley Soil Conservation implementation of erosion control and management practices. District Board of Supervisors would Plans at this time are to organize a field tour later like to extend their appreciation this year to inform local, potential participants of Spring to newsletter advertisers . Without Creek Watershed planning objectives and possibilities. their support, this newsletter wouldn ' t So stay tuned, as sore information will be available as be possible. SEVERAL NEW advertisers we breathe life into the Spring Creek Watershed program. are listed. Please take time to see what services they all provide. ._r:; ...,_ .k:' •- A XO pia;; 10909 00•AeIe0J O 20909 00880100'A31338.0 99•DN iltuud 99 XOB•0•d CM P!JISIO U0IZBAJaSU0O HHOS 30V1s0d s n Aa aeJ uoneziue6401Uad•uON o l Sa m These Businesses Make This Newsletter Possible. Your Business Will Be Appreciated. RSTERLIRE CASTERLINE _.<-.Trees Unlimited SUDSS SONS IRRIGATION SALES &SERVICE SEEDS INC. INVENTORY &•REPAIRS ✓":;1 r.i.n Assislame 454.3484 ' A COI rs.Hua 139 - r� ••'roe tr cards Emu- Co,.o,aao 90C.s H&S , •t d. •1-800-284-3454 ° ^ s's"m` IR •Native Grasses QIG 16A Co a n. rn y ao ,e, ▪Turt Cra5505 Alld td � r! V"05 l a,hW n(• ,ps sce •Sorgh,ms.Cereals.Corn -�� y � 1 a91.8660 ft •Pasture•Tort Miles c !,..c f.'• n0'dap .. ,•,..e •Heir la net on.Disturbed S:.tes u. ..,rn,:n!v E:,',:,• co 'OM MAHVrs-QHs A co0VD.rlCN'Hl 23275 tlwy. 85 • USalk,CO 1-442-0428 W'ivy:Dle•n,Sae 303/356.7842 ROO Staudlnper,Manager we:n,v m do ma ven•i £d 4o44' &sa tcee4.F lac. or [[ �iclari Skink • • •fI a4- ' • _ 145 3rd,Kersey—LU.Box 518,Kersey.C0130644 tart ..ihei DRAINAGE SPECIALISTS P.js P.0. Box 428 • 100 Oak St. PROLx10ERS LIVESTOCK MARKETING ASSOCIATION Statewide Survey:no Service ql. Eaton,Colorado 80615 Service 353-1621 &Estimates t/(/ (303)454-3456 P.O.Box P . Grnley,CO 80631 • 3534121 EXCAVATING.DITCHING&TRENCHING © WGSCD'a Newelelter PONS By •Concrete Ditch L:n,np 6 Feed Bunks Pony X-Press BUFFALO SHARP BROS. Pete & D.L. Concrete Co. 615 8th Avenue•Greeley,CO•356-6380 I BRAND '548 4['r Ave. •Greeley. CO 80631 Printing —Copying —Typesetting I arJ'..fi"I.- SEED CO. Office(303)353-9573 L3ua rims Ca u •Pcsmt s. •nuoo Siam a Mact F n Anen u nt.Ai -Envelope:••.,mina' o I • 101 E 4th St. Road ' ,0 5625 se-;cap • a- .rr_` Greeley, CO 80631 Joe Kutcher & Co (303)3564710 GILL,COLORADO SELECT NATIVE GRASSES THIS SPACE AVAILABLE FOR ,,,rr,+vw•m+, ,,,..,rr.;.,-d. ADVERTISING NATIVE GRASSES OUR SPECIALTY Selling All Your Waler and Irnq.n'un Supply IRRIGATED PASTURE MIXTURES Need,al the Best Price Around' ALFALFAS AND CLOVERS JOE 352.4941 • 11,1111:rt To Board of County Commissioners Date Joie. I-21-198r COLORADO From Norman Carlson, President Weld County Council Subject; Review of Home Rule Charter Study The County Council has completed the preliminary study of the Home Rule Charter. Copies of this rough draft are attached for your review. We would like to discuss this study with you in the next month or so, possibly at a luncheon work session. We extend this invitation to also include Don Warden and Tom David. If this is agreeable with you, Lou Ann will contact Vicky to arrange possible dates and times we could all meet. If you have any questions or our unable to meet with us, please contact our office. NC/lag attachment cc: Mary Ann Feuerstein Mike Loustalet Dick Keirnes Al Dominguez Ed Jordan SEMIS SUGGESTED REVISIONS ARTICLES I THROUGH V April 5, 1989 Meeting Section 3-7 11 ) : Clerk to the Board - change supervision of Clerk to the Board from control under the Clerk and Recorder to the Commissioners. Section 3-8 (1 ) R): Regarding municipal conferences called by Commissioners. Change from required three times each year to either once or not less than two times a year. Section 3-9 (3): Dealing with salary of Commissioners ($10,000 and $15,000). Eliminate the entire paragraph because the salaries pertain to the year 1986. There should have been an automatic repeal after that year. Section 4-2 (B)(2)(f): Regarding employees seeking election to a partisan public office, take a leave of absense without pay. Delete the without pay. Argument that this causes a financial hardship for the employee for eight to nine months. Elected officials exempt from taking leave of absense without pay while seeking re-election to public office. Conflicting proposals. Section 4-4 (B): Regarding Board of Adjustment duties and functions as provided by law. Questioned what those duties and functions were. Section 4-4 (A)(2)(c) : Regarding activities between Board of Adjustment and Planning Commission. Felt that clarification on role of staff in assisting the two boards was needed. Section 4-5 Regarding the section on Engineering Services. Add a paragraph regarding the Road & Bridge Advisory committee. Section 5-2: Regarding the Qualifications. Change "for" the State of Colorado to "in" the State of Colorado. Section 13-7L2j: County Council members have to resign from office if running for another elected public office. Confliction with other sections. ARTICLES VI THROUGH X May 3, 1989 Meeting Section 6-3: Regarding vacancies in elected offices. Change the word "filed" to "filled". Section 6-1 : This section would only change if the supervision of the Clerk to the Board would be under the Commissioners instead of the Clerk and Recorder's office. Changes in Article VIII (County Clerk) would also be needed, if the supervision changed. Section 13-9: Change deadline for printing ballots prior to election. 13-9 (2) : "fortyfifth" day to "sixtieth" day 13-9 (4) : "fifteen" days changed to "fifty" days 13-9 (6): "forty-fifth" day changed to 'sixtieth" day 13-9 (8) : "eighteen" days changed to "fifty" days 13-9 (9) : "thirtieth" day changed to "forty-fifth" day Also change "qualified" elector to "registered" elector throughout entire Home Rule Charter where appropriate. (Feuerstein suggestion) Section 15-3 (5): Regarding recall requirements. Change "qualified electors" to "registered voters". (Keirnes suggestion) SUGGESTED REVISIONS ARTICLES XI THROUGH XVIII June 7, 1989 Meeting Section 11-3: Regarding qualifications of Chief Deputy. Mike Loustalet suggested eliminating five year requirement, do to inadequate pay for chief deputy position. Also suggested this section be re-worded instead of being eliminated. Section 12-2: Regarding Transfer of Duties/Surveyor. Re-word section to include the hiring of part-time surveyors. Section 13-8 (4)(5): Regarding County Council powers and duties. Include process and procedures for replacing/appointing an elected official convicted of a crime or recalled. Section 13-8 (6) Regarding Council 's authority to review all aspects of county government. Suggested this section be strengthened. Section 13-9 (2) : Regarding Nomination of Councilmen. Change days to correspond with Colorado Election Law, as suggested by Feuerstein. Section 13-9 (2)(a)(b) : Regarding number of qualified signatures on petitions. Change qualified elector to registered, as suggested by Feuerstein. Change geographic district amount from (200) electors to (100) electors. Section 13-9 (3): Change qualified elector to registered elector. Section 13-9 (6) : Change da sto correspond with Colorado Election Law. Section 14-9 (3): Regarding Bidding Procedures. Eliminate "in all cases where the bids are competitive in price and quality." Section 15 Change qualified elector to registered elector through entire article along with time frames to correspond with Colorado Election Law. Section 15-4 (1)(a)_ Regarding Procedure/referendum petition. Change 5% to 15%. Section 15-4 (1 )(c) : Regarding residence of petition signer. Change rural route and box number to house number and road number, through entire document where needed. Section 16-8 (3): Regarding Elected Officer serving on board or commission. Questioned validity of section. Section 16-10 (21 ) & (30): Questioned rephrasing of terminology. Section 18 Questioned need for article. • �tq co' s `y • C. H ighway • _ 1 Colorado Department of Highways *• 4201 E. Arkansas Ave, Denver, CO. 80222 C ! �'^ ' '; For More Information: 757-9228 #89-23 JUNE 8, 1989 BIDS TO OPEN JULY 13 FOR GLENWOOD CANYON TUNNELS Bids for the twin Interstate 70 tunnels near the Hanging Lake area in Glenwood Canyon will be opened on July 13 instead of July 6. The 9:30 a.m. bid opening is expected to bring the second largest construction contract In the state's highway and bridge building history; in 1975 the Interstate 70 Edwin C. Johnson Bore construction at Eisenhower Memorial Tunnel was bid for $102.8 million. The Glenwood Canyon tunnels have an overall budget amount of $103,476,000. The Colorado Division of Highways expects competitive bidding, perhaps by fines cooperating in joint ventures, when sealed envelopes are opened July 13. A pre-bid conference held at the main administration building in Denver June 6 drew more than 100 visitors from eleven states including Colorado and the District of Columbia. One guest traveled from Frankfort, West Germany. Overall, about sixty contracting and subcontracting firms had representatives at the special meeting. Firms bidding on the project were required to send representatives to the pre-bid conference. They also must schedule on-site inspection visits with the Resident Engineer's office in Glenwood Springs. Tunnels will be built on the south side of the Colorado River and viaducts will carry I-70 traffic across tthie river valley. CONSTRUCTION BIDDING ACTIVITY FOR JUNE 8 _ CX 10-0030-16 GUN CLUB ROAD EAST OF AURORA Resurfacing 5.4 miles of Gun Club Road (S.H. 30) in Arapahoe county south of Piccadilly Road near Buckley Air National Guard Base, which includes hot bituminous pavement overlay, plant mixed seal coat and striping. Numbers of Bidders: Six (6) Apparently successful bidder: $418,814 from Western Paving Company of Denver Calls for completion within: 20 working days Preconstruction Project Manager: Garry L. Moon Resident engineer: Gary Eckhardt, Aurora (over) /�� 62/lq/8.'9 Highway News Page 2 BIDS TO BE OPENED POSTPONED: Project ID 70-2(139), HANGING LAKE TUNNEL, will have bids opening July 13 at 9:30 a.m. instead of July 6 as previously advertised. ADD: JUNE 29, 10 a.m. resurfacing Grand Junction streets, which includes hot bituminous pavement overlay, plant mixed seal coat and removal of asphalt mat (planing), at 5 locations on 12th St., Grand Ave., Orchard Ave., 23rd St. and D Road, in Mesa county, MR 7400(17). 10:15 a.m., signing improvements in western Colorado, located on S.H. 82, south of Aspen for 43.4 miles over Independence pass; and on U.S. 24 south of Dowd Junction 28 miles over Tennessee Pass; and on U.S. 40, beginning about 18 miles southeast of Steamboat Springs and extending about 4 miles east over Rabbit Ears Pass, in various counties, HES '0003(29). 10:30 a.m., pavement rehabilitation for 26 miles of S.H. 17, which includes aggregate base course and seal coat in Alamosa and Saguache counties, MP(ES) 30-0017-18. 10:45 a.m., overlay patching on six highways in northwestern Colorado, consisting of hot bituminous pavement, located on S.H. 13, S.H. 14, U.S. 40, S.H. 125, S.H. 127, and S.H. 131 at various locations, in Jackson, Routt and Moffat counties, MP(ES) 99-3000-12. 11 a . overlay patching on S.H. 82 for 43 miles southeast of Basalt, consisting o f hot bituminous pavement, in Pitkin and Lake counties, MP(ES) 99-3000-13. 11:15 a.m., hot bituminous pavement overlay in Montrose and Gunnison counties: on S.H. 92 beginning 26 miles southeast of Hotchkiss and extending 14 miles southeast; and on U.S. 50 for about 27 miles southwest of Gunnison; machine patching. MP(ES) 99-3000-14. CONTRACTS AWARDED Road/ Bid Contract 6:212a Street Description Awarded to Opening Awarded MR 3034(3) South Road in Resurfacing & minor Tony J. Belltramo 5/18/89 5/25/89 Pueblo county widening & Sons, Inc. $241,803 Award Goals DBE 4% , Committed DBE 21.54 x CXIR I-70 in Elbert Resurfacing Asphalt Paving 5/11/89 5/24/89 34-0070-03 county $1,135,691 Award Goals DBE 4% WEE 2% Committed DBE 4.16% WBE 2.59% Volume 2 Number 3 June, 1989 COLORADO DEPARTMENT OF HIGHWAYS MILESTONES __rni ,1!10.A1 "A MONTHLY NEWSLETTER HIGIILIGIiTINC SIGNIFICANT HIGHWAY AND TRANSPORTATION ISSUES" KANSAS PASSES MAJOR HIGHWAY vote for us,"said Crowell. And the public appeared to PACKAGE support the legislation. "Although I did get some letters from the public on how terrible a tax increase will be,"Crowell added, "I was surprised 1 didn't get more mail, In fact,it ran At the same time that the Colorado General Assembly 50 to 1 in favor." was considering major highway financing legislation,Kansas adopted the most comprehensive highway improvement The tax hike will raise approximately$180.9 million per program in the state's history. year,with an additional S27.9 million from the increased transfer of sales and use tax. Of this amount,$171 million per The$2.6 billion program includes a phased-in,seven- year is designated for the state Department of Transportation, cent fuel tax increase that will bring the state's gas tax to 18 $37.8 is dedicated to local governments, The DOT allocation cents per gallon and its diesel tax to 20 cents per gallon;an includes$390,000 per year for the transportation of the elderly average S9 increase in automobile registration fees and a 30 and handicapped as well as money for joint local and state percent increase in truck registration fees;a 1/4 percent sales projects, In addition,the revenue from$890 million of bonds tax increase raising the state sales tax to 4 1/4 percent; will be used by the slate during a seven-year construction bonding authority of$890 million;and,an increase in the period beginning July 1, 1990. amount transferred to highways from the existing sales and use tax(similar to Colorado's"Noble Bill")from 6.5 percent "The two biggest issues were safety and economic of the sales tax to 10 percent development"stressed Crowell "At least one study showed that southeastern Kansas had everything it needed for coo- "It's making a right turn into the next century,"said nomic development except highways." It now appears that Kansas State Senator Bill Morris,chairman of the Senate will no longer be an obstacle. Transportation and Utilities Committee, "Just the short term economic development will put thousands to work for eight to Kansas becomes the 13th state this year to increase gas 10 years. Long term it is the rock bottom cost fora modem taxes to fund highway improvements. highway system." KANSAS'$2.6 BILLION RICH WAY PACKAGE More than two years of research by a blue ribbon panel and a legislative interim committee,an intervening election, Present Increase New Rate and at least one unsuccessful legislative attempt preceded final Gas Tax 11e/gel. phased-in 74; I5r/gal. passage of the bill this year. 4e 1959,le/yr. after phase-in for 3 yr', "Kansas had a special session two years ago,"noted O,nel T4. I,c/gal. phased-in 7e; Maga'. 4e 1959.1e/yr. after phase-in State Representative Rex Crowell,chairman of the House for 3 yrs. Transportation Committee. "One result of that special session Registration «s was a heightened awareness on the part of both the proponents ears avg.59 325 maximum and the opponents. We continued to talk about highways vans/pickups avg.59 xis maximum • through the interim committee,kept the issue in the public heavy trucks 51475 $450 Sm25 eye,and,most important,convinced people of the need," local trucks s 775 sus slab farmtmcks 5300 SI00 5600 The bill,which ultimately did pass,was not amended slate Sales Tax 4% 1/4% 4 1/4% significantly from the one recommended by the interim committee,and it had the support of all of the major highway sales Tax 6.5% 10% Tnin,rcr interest groups,including the chambers of commerce,trucking associations and farm bureaus. "With all the special interest Bonding 5590 million groups supporting the bill, it lessened the fear of legislators to AVERAGE ANNUAL INCREASE. $201O4 million Sate, 5 171 million/year Loral: 5 37.5 million/year GOING UNDERGROUND WITH GPR conditions at all existing stream-crossing bridges. In 1987, several motorists were killed when a bridge over the Scoharic Detection of leaks in underground fuel storage tanks can Creek collapsed due to the occurrence of scour under one of be a costly and time consuming process. Especially if you the piers, own more than 500 of them,as does the Highway Department GPR's application can be particularly valuable in Recently,the Department's Geotechnical Section has determining the amount of scour that has taken place during used Ground Penetrating Radar(GPR)to locate tanks in flooding episodes. Many times,scour channels created during preparation for drilling to investigate and identify leaks. flood conditions will be mulled with stream bed material and arc no longer detectable by conventional methods. GPR can The Environmental Protection Agency requires that all provide actual measurements of scour depth,distinguishing underground storage tanks be checked for leakage and cot- between various soil densities. I meted by 1993. GPR is an economical and expedient means of gathering subsurface information to help ensure compliance GPR's successful application in a wide variety of with the law, projects indicates that it has great potential for saving time and reducing the cost of test drilling presently required to define subsurface conditions. --John B.Gilmore ` ,y -. : w s dl r i y r • l r' re s,' w '4'ri ;` TANK/ It� ••7 ., .:.� y- .r..._.,�-„- 4 ..� tir•M vyY Al • '.Ivor '. % - This radar profile showy the signature of a buried underground tank •�- - - - identified by CPR. - •` r The radar uses an antenna to transmit electromagnetic -- - pulses into the ground or bodies of water. By measuring the time required for the pulse to return after striking a buried -- -- target,depth of penetration can be measured, Accuracy WATER SURFACE ; s ranges from a few feet with low frequencies to within a STREAM BOTTOM fraction of an inch with higher frequencies.Buried objects, t t — a such as pipes and tanks,give off very distinct radar signatures, :.j 11-r f.; J 1t. .. !' - Areas contaminated by gasoline or diesel fuel leaks may also , - 19 be identifiable by radar due to changes in electrical properties t�--� :.; . y rs of the soil caused by hydrocarbons in the fuel. ` ry ....;;SCOUR CHANNFLar4i .i GPR is also being used to identify stream scour at bridge t locations. During scour,depressions are created in the stream w ; d i• ; *`# y F; it bottom by the concentrated erosive action of stream water- t ti�t ; i i"t:•�' '-z » .'l 0.2e A J During a recent test at the C-00 crossing of the South Platte River, In the wake of the Scohatie Creek Bridge disaster on the GPR antenna was pulled across the river producing this 1-90 in New York,the Federal Highway Administration signature. An infilled scour channel was detected approximately 12 inaugurated an extensive program to investigate scour feet below and parallel to the bottom of the stream bed and is represented by the density change at the interface indicated above. RIGHT-OF-WAY SEMINAR CONSTRUCTION COSTS INCREASE STANDARDIZES PROCESS According to the Federal Highway Administration, ! " highway construction costs rose 4.1 percent in the first quarter S I of 1989, i \ The cost increase was triggered by a rise in the unit prices of Portland cement concrete,reinforcing steel,structural i iii: .44i. steel and structural concrete. Costs for excavation and bituminous concrete dropped in the same time period. Based on FHWA's composite index,current construction vv.. . �� costs now equal 191.7 percent of the 1977 base index. The 4^_ .5 1977 average cost equals 100 percent. . '"Ik lik4 Trends in highway construction costs are measured by an ,1, index of average contract prices compiled from reports of state contract awards for federal-aid contracts greater than t/ ,. 5500.000. Improved methods Wiling and maintaining plats will reduce the cost of highway,surveys,according to Senior Highway Engineer and Land Surveyor Ed Tormohlen,addressing a right-of-way plans and GIVE 'EM A BRAKE-- descriptions workshop. • In Forty engineers and surveyors representing the Highwaytill il. 4 Department's six districts statewide participated in a recent - r right-of-way workshop to address the implementation of SB Tv.t x 87. This bill was sponsored by Sen.Ray Peterson and Rep. -, ^�SiI , John Ulvang and signed by the Governor April 7. t = "The important thing about SB 87 is that it refines - V legislation passed in 1987 which requires the mandatory s' ROAD / �" recording of plats; it makes the existing law workable," explains seminar organizer Ed Tormohlen,senior highway :3' Q , engineer and land surveyor, "This legislation streamlines the 4 O,`� `'r '• process,clarifying who must file a plat. It also requires that 4• each county appoint a designee to accept filings which t 0 -LH E AD : eliminates any duplication of effort." i The two-day meeting identified survey and right-of-way • plan development methods to ensure compliance with the new A law. The right-of-way process was also examined,beginning ti -. .,� •� with the preparation for survey through the final planning --- ' .. 's- • '� `* stage,addressing legal descriptions and the application of - - _ - - _y - electronic distance meters and computers. "It is not only important that our people have a Stan- FOR SAFETY'S SAKE! dardized procedure.but with the increasing emphasis on priva- tization,it is vital that those standards be clearly defined for Remember Colorado's 1,431 maintenance and construction workers outside contractors and consultants,-Tormohlen says. when driving the state's highways this summer. In the past three years,there have been nearly 2A00 work zone accidents resulting in Maintaining and organizing plats will benefit both the more than 700 injuries and 32 fatalities to workers,pedestrians and drivers. Highway crews are only doing their job,so please,make public and private sectors when researching surveys. Accord- this summer a safe one for everyone. ing to Tormohlen,this will reduce the Department's survey costs when acquiring new right-of-way. dik WASHINGTON UPDATE Emma by Marge Price,Linton,Mields,Reisler&Cottonc,Ltd. Zan Final approval of the FY 1990 Budget Resolution in the House and Senate during the week of May 15 has cleared the way for markup to begin on the 13 individual Fiscal Year 1990 spending bills. The House Transportation Appropriations Subcommittee is now projecting markup for sometime in mid-June. Other than increases in FAA and Coast Guard appropriations,there will be a l "freeze"on the Function 400 transportation category of the budget,which covers the same programs as the DOT budget. Overall total for Function 400 will be S29 billion. The agreement assumes that the highway obligation ceiling will stay the same as this fl year's$12 billion. Spending for UMTA formula and discretionary grants,Amtrak and other programs due for extinction or sharp cutbacks in the Rcagan/Bush budget proposals would also survive at current year levels, The Budget Resolution meets Gramm-Rudman-Hollings targets(cutting the deficit by$100 billion),but also assumes$14.2 billion in revenue increases. President Bush is resisting sharply increased gas taxes as part of a revenue package for deficit reduc- tion,but federal gas tax increase proposals arc still very much alive in Washington. Secretary Skinner and the DOT are also on record as opposing this shift in use of gas tax. A new Clean Air Bill by Representative Henry Waxman(D-CA)would end highway funding sanctions against states and communities which fail to meet deadlines for attainment of clean air standards on mobile source pollutants. Waxman,chairman of the House Health and the Environment Subcommittee,introduced the proposal in early May, This is one of the major stumbling blocks in the long-overdue rewrite of the Clean Air Act. Waxman's bill would require that areas which do not show a good-faith effort in planning for air quality would be elevated to a category where more stringent steps would be called for without jeopardiz- ing highway funds. Waxman's idea is to set up a four-tier classification for urban areas that exceed standards for ozone and give them up to 16 years to attain EPA standards. It is a backoff proposal in some ways,but still is being seen as an attempt to impose "Los Angeles solutions"on the rest of the country. Some wags are predicting that Waxman's bill would call for almost exclusive use of alterna- tive fuels which carry lower gas tax levies, This would diminish gas tax revenues so dramatically that federal and state trust funds for highways would be drained in a few years. On acid rain,toxic air pollutants and indoor air quality portions of the Clean Air Act,there is still a great deal of work to be done. EPA Director William Riley doubts a new bill will be passed this year. However, some members of Congress arc still very hopeful. FROM THE 4 DISTRICTS... a _� 2-1,,,- Eight of the residency's staff participated in carpools. r j s; 2t�! Along with other residency members they took additional ' ' ' -- measures to improve air quality,such as not burning their 41/4 fireplaces and placing BAC signs in the yards of their homes HIGHWAY RESIDENCY RECEIVES A and residency to encourage public awareness of the campaign. GOVERNOR'S AWARD "We did not know that there was a contest when we made our decision to participate,"explains Residency Seem- The Englewood construction residency in District 6 has tary Pam Caldas,the motivating force in organizing and received a Governor's Award for outstanding group participa- encouraging the group. "We chose to participate as a per- tion in this year's Better Air Campaign(BAC). sonal contribution to the Better Air Campaign." Environmentally conscious due to the outdoor nature of SIX - CENT GAS TAX FUNDS their work,the residency members see the brown haze all day INTERSECTION OVERHAUL IN long and often suffer the physical side effects of high pollu- tion days: burning eyes,labored breathing,etc. Through ESTES PARK their BAC efforts,the residency wanted to show that if their group could participate--facing the obstacles like different What started out as a traffic signal installation project at schedules and field personnel based at construction sites the junction of U.S.36 and Colorado 7,turned into an entirely throughout south Denver--anyone can find a way. modified intersection design project,funded entirely by the six-cent gasoline tax, One participant in the Better Air Campaign was chosen from each state agency to be nominated for the Governor's City agencies joined the public in voicing their concerns Award, Winners were selected by the Clean Air Interdepart- with District 4 engineers about traffic congestion at this mental Committee for State Employees, intersection,especially during the tourist season. Each of eight winners from District 6 received a copy Several more concerns surfaced last May during a public of a print donated by Artist Peter Max. An additonal copy meeting: aesthetics.pedestrian/motorist safety,parking was received for the residency office, conflicts at the nearby Holiday Inn, Village Square Shopping Center and a Lutheran Church. The group is already thinking about increasing its involvement in the next Better Air Campaign. The solution? Construct a channclized intersection utilizing curb,gutter and striping,traffic islands and sidewalk "We want to encourage more of the residency to join placement. For aesthetic enhancement,a special grass and in the carpooling effort next time,'• Caldas says. wildflower seed mixture was formulated. --Janet Hughes The Estes Park Town Council lauded the District for its ",,,very valiant and professional effort to cooperate with the citizens of Estes Park and local agencies." --Jeff Manuel I.9% t i r ,x!494 1 J • eke . 1 ... ,<', r M1 - T ti • e ' .1 r "' a :,^ ot 'Iw .' l _ Yr l ,r ' . ats- ® � 4 r s _ _ -_ __ n P0. ' t Winners of the Governors Award for their participation in the Better Air Campaign are,from left,Wes Greenfield.Brad Dagger,Karen %w , - Mondragon,Mike Brenner,Residency Secretary Pam Coldas.Beth Ann Wieder,Cary Meacham and Resident Engineer John Ward. • ^• This$280,000 traffic signal installation on U.S.36 and Colorado 7 in Estes Park was opened May 25. It will improve access to downtown Estes for tourists and residents alike this summer, eliminating a difficult three-way intersection. CONSTRUCTION PROJECTS ON Morrison exit.The savings to the state's taxpayers adds up to SCHEDULE IN DISTRICT 3 more than S50,000 annually! "We currently spend about$910 per mile annually Crews have resumed work on the French Creek Viaduct picking up litter from roads in rural areas. Ski Country's in Glenwood Canyon. A specially designed gantry was commitment to keeping this stretch of 1-70 policed and litter- imported from France specifically for this project. The free is of particular significance under current economic gantry,which is set on the structure,delivers eight-foot spans conditions in Colorado,"reports A.Ray Chamberlain,exccu- in front of existing construction. Installation is completed Live director of the Colorado Department of Highways. "In without disruption to the surrounding environment. Nearly 75 addition, it makes for a more pleasant drive for the 15.000 percent of the construction is complete. motorists and tourists who take this highway daily." !? " i•%'•w .4'O> •:1 r,a:• ` On May 13,CSCUSA and more than 150 volunteers picked up garbage from both sides of the highway between the 44;t r •, • Morrison exit and Eisenhower Tunnel to kick off National ;tic a . r\. Tourism Week(May 14-20)with the Fifth Annual Colorado O. Cleanup Campaign. More than 500 litter bags,an estimated ,{:4 '•-� 2,500 cubic feet of garbage,were filled and 100 miles of ; * roadway covered during the day. Trash bags were donated, • 1 `f' picked up and disposed of by the Highway Department. '" �,, - In all,41 organizations are patrolling 112 miles of t• >•:- highway in Colorado's Adopt-A-Highway program in District • " - 1,ranging from the Kansas line on S.H.40 to Vail Pass on r • 3'"'' I.70. In addition to Ski Country's adopted s highway,p � y,a number In Glenwood Canyon,this gantry ensures that great care is taken at of other routes,such as S,H. 74 near Evergreen,maintain unin- each stage of construction of the French Creek Viaduct to maintain terrupted stretches in excess of ten miles. the natural integrity of the canyon. Since its implementation in September of 1987,the Adopt-A-Highway program has grown by leaps and bounds as In April.a pre-advertisement meeting explained the service organizations statewide have realized its value in Hanging Lakes project from Hanging Lake to Reverse Curve, roadside beautification. cast-and westbound, This$41 million project will build two --John Unbcwust Interstate 70 bridges over the Colorado River and a viaduct about nine miles cast of Glenwood Springs. The Hanging PUBLIC HEARINGS SLATED Lakes Tunnel construction will cost an estimated$103 million and bids for the first phase of the project are set to open The Highway Department will be conducting July 6. two public rule making hearings this summer. Both hearings will be in the auditorium at the Department's Flatiron Structures continues to be ahead of schedule on headquarters.4201 East Arkansas. All interested the Fifth Avenue Bridge replacement across the Colorado panics arc invited and encouraged to participate. River in Grand Junction, The concrete bridge deck was poured in 11 hours at an average of 76 yards per hour for a July 18, 1989, 10:00 a.m, -- Rules Regarding total of 833 yards of concrete. Uniform Relocation Assistance and Real Property --Diane Wolfe Acquisition. For further information and copies of the proposed rules,contact Evelyn Allen,supervising relocation evaluator,757-9331. COLORADO SKI COUNTRY ADOPTS To be scheduled in August -- Rules Regarding 1-70 WEST Prequalification,Debarment,Bidding and Work on Colorado Department of Highway and Bridge Colorado Ski Country USA has adopted the longest Public Projects. For further information and copies stretch of roadway in the Highway Department's Adopt-A- of proposed rules,contact Glenn Fritts,staff construe- Highway program: 35 miles of Interstate-70 west of the tion engineer.757-9231, HIGHWAY SAFETY Speed is the most prominent factor which governs the fundamental relationships among all of the physical forces NEWS ... involved in motor vehicle crashes,including motorist reaction time and braking distance. The physical consequences of excessive speed arc critical. Speed increases the total distance necessary to halt a NATIONAL 55 KEEPS LAWMEN IN vehicle. For example,at 70 mph 351 feet arc required for a TOP FORM stop,where as at 55 mph and 35 mph,the distance diminishes to 217 feet and 70 feet respectively. Crash severity increases disproportionately with speed at impact. The chances of fatal or serious injury double with every 10 mph driven over 50 • mph. .tips_ -mss " A - esr Ir ` s ice, FUTURE JOURNALISTS TACKLE -47 TOUGH ISSUES 1.• • S r ' • , •4.$ , ' Two students from Air Academy High School in Colo- ratio Springs took top honors in the 1989 High School Journal- ' ism Writing Challenge. Chrissy Young received first place r 'ntt� honors from KCNC TV-7 for her essay on youth gangs,and Max Shenker captured the Denver Post's first prize for his essay about America's war on drugs. This motorcycle course is the same design as that used at the Institute of Police Technology and Management in Jacksonville,FL. Students from 21 high schools statewide participated in Sgt.Gary Osborne,Denver PD,and Sgt.Ernie Wolf,Lakewood PD, this year's event which is designed to give aspiring journalists are certified motorcycle training instructors, a more realistic view of the profession and what it takes to get the story and develop the information. Six Colorado law enforcement agencies are parocipat- High School Journalism Day is sponsored by KCNGTV, ing in the national 55 mph enforcement program this year. the Denver Post.Denver Broncos Youth Foundation,Radis- The Colorado Springs,Aurora,Denver,Lakewood and West- of Hig minster Police Departments,along with the Colorado State son,Colorado Department of Highways-Division ndDu way Patrol all received grants from the Division of Highway Safety,Colorado Department of Health-Alcohol and Drug Abuse Division,Ray Foundation,the Anschutz Family Safety. Foundation,Colorado Trust,Coors,Tattered Cover Bookstore, King Soopers,Pepsi Cola West,Orowhcat and Pentax. All of the agencies use motorcycles to conduct their traffic operations. Such operations require highly skilled --Main Nelson officers and continual training is part of the program. "The officers arc highly trained motorcycle operators," emphasized Denver Police Chief Aristedes Zavaras. "Their job often requires working in heavy traffic at high speeds. The safety of the motorist and officer is our number one priority." Officers share motorcycle training monthly,practicing tactical maneuvers and techniques. They also share informa- tion about equipment and effective implementation of project resources. .: •\ MOTORCYCLE AWARENESS WEEK i l is �� w . r 4 `• AI Irt• 41 t ,.• . ,.. i..... , 14- lit _ ....AI RUFF RIDERS! "Education of both motorcycle riders and operators of other vehicles is necessary to reduce the pain,suffering and economic toss of traffic crashes,"stressed Governor Roy Romer,proclaiming May 14-21 as Colorado Motorcycle Awareness Week, The fourth annual Safety Roadeo presented a day of seminars May 21 at Front Range Community College,and allowed bikers a chance to test their riding skills on the motorcycle range. Classroom instruction included a special session on safety gear,motocross apparel and road-race leathers,presented by Scott Rosenthal,Fay Myers Honda. There were 50 motorcyclists fatally injured in traffic crashes last year,down 12 from 1987. Of those involved in fatal crashes,41 percent did not have the motorcycle endorsement on their driver's license. The contents of this newsletter are not copyrighted and may be used freely. Where appropriate,please credit the Department of Highway-. COLORADO DEPARTMENT OF HIGHWAYS MILE 'D ES r 4201 EAST ARKANSAS,AVENUE DENVER,COLORADO ,. I.80222 (303)757-9228 '' t v c. t j r,I! to • f; .,b j .� \ / jr Weld County Commission 915 1Oth St „ Box 758 Greeley, CO 80632 Mi . )Vl) •f Al !J t.. :::,r 2; May 19, 1989 nn 1Oi 7 --_ - Part IV _ Federal Emergency --- Management Agency _ _ 44 CFR Parts 59 and 60 National Flood Insurance Program; Elevation Requirements for Manufactured Homes in Existing Mobilo Home Parks or Subdivisions; Modification of Suspension - of Rule and Proposed Rule a Nsb%-- /6 V/pC‘ 21888 Federal Regbtter/ Vol. 54. No. 98 /-Friday, May 19. 1989 /'Rules and Regulation FEDERAL EMERGENCY revisionsthrough September 3ffeY1se9 to Ant,FEMA published a notice in the MANAGEMENT AGENCY allow FMK-sufficient time to complete— Federal Register on September 3.1987 this rulemaktng/A proposed rulowblch :(82 FR 33410)that modified the effective 44 CFR Parts 59 and 60 revises the suspended provisions It 'date of the suspension to read"through RIN 90e7-A925 published elsewhere in this issue.: . September 30.soar.The September 3. aF/aCTIVE on The regulations.-' 1987 notice also ma,'e several technical , National Flood Insurance Program; published on August 25.1988.(51-FR corrections to the June 30.1986 notice. Elevation Requirements for 30290)are further suspended unto The suspension was further extended Manufactured Homes In Existing September 30,1989. through July 31.1989.in a Federal Register Mobile Horns Parks or Subdivisions roe pummel iNroateava is coKftcr. . notice published on July 6 1988 (!i1 P'R 25332). . AGENCY:Federal Emergency Michael F.Robinson.Federal Emergency FEMA is hereby modifying the July 6, , Management Agency(FEMA),Federal 1988 Federal Register notice to extend 4 Management Agency(FEMA). ACTION:Modification of suspension of SW Washington. Administration.500 Street the ten suspension 30, of provision through rule. DC 20472;telephone September 198930, rather than through I number(202)64&2717. July 31,1989.FEMA has published a SUMMARY:This notice modifies a notice SUPPLEMENTARY INFORMATION:On June proposed rule elsewhere in this issue published in the Federal Register on July 30.1987,the Federal Emergency . which proposes to replace the 6.1988(53 FR 25332).That notice Management Agency(FEMA)published suspended revisions.The extension i modified a notice published in the a notice in the Federal Register(52 FR allows sufficient time for the conduct of Federal Register on June 30.1987.(52 FR 24370)which suspended until March 31. a comment period for this proposed rule t 2437 0)which suspended certain 1988,a portion of a revision to National and the publication of a final rule prior revisions to National Flood Insurance Flood Insurance Program(NFIP}criteria to the expiration of the suspension. Program(NFIP)regulations which which became effective on October 1, Modification of Suspension of Rule became effective on October 1,1988(51 1986.The portion of the revision that In the"Modification of suspension of FR 30290.Aug.25,1988),and restored was suspended required the elevation of rule"(FR document 88-15093)beginning prior provisions of the regulations manufactured homes placed or - on page 25332 in the Federal Register of through March 31,1988.The suspended substantially improved in existing- Wednesday.July 6.1988.make the provisions required the elevation of mobile home parks and subdivisions - following modification:1.On page 25332 manufactured homes placed or (those established prior to the adoption in substantially improved in existing of a community's floodplain the third column under Modification mobile home parks and subdivisions in management regulations).Subsequent to change"July 31.1989"to read special flood hazard areas.The July 8. this publication,the Supplemental - September 30.1969". 1988,notice extended the suspension of Appropriations Act of 1987(Pub.L 100- Dated May 12.1969, these revisions through July 31,1989 to 71)was signed into law on July 11,1987. Harold T.Duryes. allow FEMA sufficient time to complete This Act suspended the same provision Adminiaoutor,Federal Insurance an analysis of the issue and any through September 30.1988.In order to Administration. necessary nilemaking.This notice make the June 30.1987,notice consistent (FR Doc.89-11901 Filed S.is-89:6:43 am] I further extends the suspension of the with the Supplemental Appropriations muse coca 471•4 141 F II.rsl.,Raylatar'J V,oL 54. No.'96 h Pdday.'May 29, ]989 f h.yored.RidS 2 89 FEDERAL EMERGENCY vehicles.Thor la4evelopLag this; '. -. by SoodarAnamberoftheseteams, - MANAGE EP4TAG@NCY, . propssediale..FEMA'rNJewedAbe. ::.i. . when.eonfrontad`with besevmttyof comments.submittedinrespoassito the_ these damages,ipecitic lty 44 CFR Parts 59 and 40 June 30 1987 PedanlRegfseer notice. to caomendedtbatFIIA orthe local. RIN 3067-A826 impacts further research into the. unit of goverrmentamend ttrtoodp$aln impacts of flooding on existing management regdation*to end the National flood Insurance Program; manufactured home parks and "grandfathering"of theseawnufactured ElevationpequiremengtOr subdivisions,and developed a report for home parks torment future Manufactured Homes In Existing Congress entitled"Natiota l Flood reoccurrenceeof this damage. Manufactured Nome Parka and •' Insurance Program:Report on-Existing On December 13,1982,en Advance Subdivisions Manutaoturod.Home Parks and Notice of Proposed Rulamaking(ANPR) Subdivisions".That report concluded was published in the Federal Register AGENCY:Federal Insurance that there were alternatives to she (47 FR 55752)which,in part requested Administration(FIA),Federal October 1,1988 rule revision that would comments on actions that FEMA could Emergency Management Agency reduce the adverse economic impacts on take to remove distinctions in NFIP (FEMA). the owners and residents of-existing regulations between the treatment-of ACTION:Fropoaed rule, manufactured home parka and manufactured homes and that of other subdivisions,yet still achieve the NFIP forms of housing,Generally,the SUMMARY:This proposed rule would objectives of reducing flood damages comments received in response to this revise the National flood Insurance and threats to public safety.After notice favored such an action.In Program(NFIP)floodplain management submitting that report to Congress in September of 1985.FEMA published a criteria that are applicable to the September of 1988.FEMA met with a manual entitled'Manufactured Home placement or substantial improvement task force chaired by the National Installation in Flood Hazard Areas".As of manufactured homes in existing Manufactured Housing Federation a result of the research that was manufactured home parks and which made additional conducted in the preparation of this subdivisions in flood hazard areas end recommendations to FEMA in Februarl manual FEMA concluded that it was also the requirements applicable to of 1989.The proposed rule contains feasible to properly elevate recreational vehicles.The proposed rule elements of both the alternative manufactured homes under most would replace provisions that became developed by FEMA in its report for conditions even in the narrow confines effective on October 1,1986(51 FR Congress and the recommendations of an existing 30290,Aug.25,1988),but that were that tank force. ansubdivision.manufactured home park or ofp suspended by a notice published in the Federal Register on June 30,1987(52 FR Background Based on recommendations from the 24370).That suspension is being In order to participate in the NFIP, Hazard Mitigation Teams,the results of extended through September 30.1989,by communities are required to adopt its research on manufactured home a rule published elsewhere in this issue, floodplain management regulations that installation'comments received in to allow sufficient time fora final rule to either meet or exceed minimum criteria response to the ANPR,and other be published and become effective, established by the FEMA.These criteria information available at the time,FEMA DATES:Comments must be received on generally require that residential proceeded with a series of structures inelu manufactured comprehensive revisions to NFIP criteria or before July 18,1980. ding ADORESSEa:Send comments to Rules homes have their lowest floors elevated applying to manufactured homes. of to or above the 100-year or base flood Revisions replacing specific tie-down Docket Clerk,Office General Counsel. elevation,Irt NFIP rule revisions which, and installation standards with general Federal Emergency Management became effective on December 31.1978, Agency.500 C Street SW.,Washington, performance standards became effective on fan wiry 1.1988. DC 20472. a special exception was made to allow On March 28,1988,FEMA published a for the new placement,replacement,or FOR FURTHER INFORMATION CONTACT: substantial improvement of proposed rule in the Federal Register(51 Michael F.Robinson,Federal Emergency manufactured homes in existing FR 10742)which would(1)substitute the Management Agency,Federal Insurance manufactured home arks and term"manufactured home"in place of Administration,500 C Street.SW., subdivisions without meeting this "'mobile home".(2)define Washington DC 20472:telephone general elevation requirement.Existing "manufactured home"to include for number(202)010-2717, manufactured home parks and floodplain management purposes certain 5UPPLEMENTARY INFORMATION:This subdivisions are those for which the recreational vehicles.(3)remove proposed rule would revise National infrastructure servicing the individual prohibitions.on the placement of Flood Insurance Program(NFIP) manufactured home sites was in place manufactured homes in floodways and floodplain management criteria on prior to the adoption of floodplain coastal high hazard areas(V-zones),and placement and substantial improvement management regulations by a (4)require the elevation of of manufactured homes on sites in community.This provision has manufactured homes placed or existing manufactured home parks and commonly been referred to as the substantially improved in existing subdivisions.It would replace "grandfathering"of existing manufactured home parks and provisions that became effective on manufactured home parks and subdivisions.The overall effect of these October 1,1988•b•.t which were subdivisions, revisions would have been to remove subsequently suspended by FEMA in a In the early 1980'..Interagency nearly all distinctions in NFIP criteria June 30,1987 Federal Register notice and Hazard Mitigation Teams.chaired by between the requirements that applied later by the Supplemental FEMA and mobilized alter a to manufactured homes and those which Appropriations Act of 19137(Pub.L,100- Presidentially declared flood disaster, applied to conventional housing. 71).In addition,provisions are included began Identifying instances where - Although copies of the proposed rule regarding the application of these existing manufactured borne parks were were sent to over 27,000 participating requirements to certain recreational being destroyed or extensively damaged communities,only a few comments were 21890 FederaLRegister'I VoL M. No::98 / Fiday:1May .19, 19891'Propgeed^`Ruhr .. received.The few comments from the contents-over the 10 year:period from similar situations'loes-of life was manufacturedbome community 1978 through1987.Approximately$250'' , avoided only thro tghthe heroic actions supported most of-the changes..but million of•this damage can be`attribated of emergency management personnel expressed,someconcern:over the end of to manufactured homes located in who placed their'oweltves in jeopardy. "grandfathering of existing, • - existing manufactured home-parks•and The report also analyzed the• manufactured home parks and subdivisions.Federal costs associated economic impacts on owners and • subdivisions.A final rule was then with these losses included$29:7 million residents of existing manufactured home published in the Federal Register(51 FR in flood insurance claims payments and parks and subdivisions that would result 30290)which became effective on approximately$100 million in disaster if the October 1.1988 rule revision October 1.1988.This final rule is assistance including providing requiring that the lowest floor of • referred to in this discussion as the Temporary Housing for flood victims, manufactured homes be at or above the October 1,1988 rule revision Individual and Family Grants.and Small 100-year or base flood elevation was As communities began incorporating Business Administration(SBA)disaster implemented.The report concluded that the October 1.1988 rule revision into loans.Other Federal costs such as there were approximately 40.000 sites in their local floodplain management defaults on Federally guaranteed or existing manufactured home parks and regulations.owners of existing insured loans on these manufactured subdivisions that were subject to manufactured home parks and of homes due to flood damages,the moderate or deep flooding(flood depths individual manufactured homes became Federal share of constructing flood of greater than 3 feet)that could more aware of the elevation control projects,lost revenues as a potentially be affected by the elevation requirements.Associations representing result of casualty loss deductions on requirement.Elevating these the manufactured home community Federal Income taxes,disaster manufactured homes would generally requested that FEMA suspend that assistance for the repair of related require use of foundation systems other portion of the rule revision and to public infrastructure,and public than standard manufactured home provide additional opportunities for expenditures for rescue efforts and flood installations.FEMA estimates that the comment and analysis of the impacts of fighting could not be quantified,but are elevation requirement would apply to such a requirement. believed to be significant. approximately 8 percent of these sites in FEMA suspended the provision in a The report further stated that,despite any given year.Costa of elevating,these June 30,1987 Federal Register notice. the availability of flood insurance from manufactured homes would range from The notice also requested comments on the NFIP and private insurers and $400 to$8.000 in addition to the costs of the impacts of the October 1,1988 rule disaster assistance,a major portion of a standard installation depending on the revision and on possible alternative the'cost of these flood losses will be depth of flooding at the site and the actions that would reduce flood borne by the owners and residents of elevation technique used. damages,but minimize the impacts of existing manufactured home parks. Approximately 128.000 additional sites those regulations.On July 11,1987.the Costs to owners of existing are located in flood hazard areas,but Supplemental Appropriations Act(Pub. manufactured home parks include the are subject to shallow flooding(flood i 100-71)was signed into law, repair of damages to roads.utilities, depths of 3 feet or less).These sites- suspending the provision through manufactured home pads.landscaping would not be affected since elevation September 30,1888 to allow sufficient and support buildings and the loss of• requirements could be met using time for readdressing this issue.FEMA income from the affected sites until they standard manufactured home subsequently extended the suspension can be repaired and rented.The report installations. through July 30,1989(53 FR 25332,July 8, concludes that owners and occupants of 1988). individual manufactured homes are not Discussed in FEMA's report for likely to be fully reimbursed for their Congress are the concerns expressed by FEMA's Report on Existing flood losses even if the manufactured representatives of the manufactured Manufactured Home Parks and homes and their contents are insured home community who believe that.for a Subdivisions through the NEIP or a private insurer of number of reasons,it is not practicable Based on its review of the 1,407 manufactured homes.Those who are not to require elevation to or above the base comment letters that were submitted to insured are dependent on disaster flood elevation of manufactured homes the Rules Docket established for the assistance programs which are likely to placed in existing manufactured home June 30,1987 Federal Register notice and reimburse them for only a small parks and subdivisions.These persons independent studies of the issue.FEMA percentage of their loss.Of particular believe that requiring elevation would completed a report in September of 1988 concern are retired persons on fixed ultimately lead to the closure of many of entitled"National Flood Insurance incomes and other low income persons these parks and subsequent loss of Program:Existing Manufactured Home who often live in manufactured homes affordable housing.Rather than meet Parks and Subdivisions"for the House who are less likely than the population elevation requirements.they believe of Representatives Appropriations as a whole to be able to fully recover that manufactured home owners would Subcommittee on HUD-Independent financially from serious flood losses, choose to locate on manufactured home Agencies,The report included:(1)An More importantly,the report park sites outside of the floodplain if analysis of the impacts of flooding on determines that there are significant available.This reluctance to elevate existing manufactured home parks and public safety concerns that must be would be due to aesthetics,practical subdivisions.(2)an analysis of the addressed.Although in coastal areas difficulties in elevating manufactured impacts of requiring elevation to or subject to hurricanes most residents are homes in the narrow confines of many above the base flood elevation of all normally evacuated upon the issuance existing parks,the reluctance of many manufactured homes placed therein.and of a hurricane warning,this is not persons.particularly the elderly,to (3)an examination of alternatives to the always possible for flooding that occurs climb stairs,and the added cost of an October 1,1988 rule revision. along rivers and streams.FEMA elevated manufactured home The report estimated that there were identified a number of instances whore installation given-the low incomes of approximately$500 million In flood lives were lost as a result of the flooding many manufactured home owners. losses to manufactured homes and their of existing manufactured home parks.In FEMA notes that most of these same Federal Register / Vol..54.14o. 96 [Friday. May 19. 1989 / Proposed Rules 22891 arguments were raised in opposition to still providinga profit to the owner.At severest and most frequent flood elevation requirements for other types-of this.point the park would likely be conditions, residential construction during the closed and either(3)sold for operation 2.After a.ten yea period ending on initial years of the NFIP.Since that time with fewer sites.(2)converted to October 1.1992.all remaining sites in the housing industry and the general another use which would generate. existingroanufacttaad home parks and public have adapted to the elevation higher Income,or(3)allowed logo into subdivisions wouldslso become subject requirement and it has become en foreclosure.When this occurs,the to the elevation requirement.The accepted and prudent construction renters of individual sites would have to substantial damage requirement in item practice. relocate tot different manufactured l and natural attrition during this period However,one important way in which home park at a cost of several would significantly.reduce the numbers manufactured home parks are unique thousands of dollars,provided theta of sites affected and,thus,the severity from other forms of residential suitable vacant site could be found.This of any impacts. construction is the split in ownership future uncertainty likely would be 3.The definition of"manufactured between the lot and the manufactured reflected in lowered property values of home"would be revised to allow home.Renters of sites arc reluctant to both the manufactured home park and communities the option a excluding a make subttantiol capital investments in individual manufactured homes many recreational vehicle from the definition the site due to their uncertain tenure, years prior to actual closure. and the application of floodplain particularly since the value of any FEMA believes that a relatively small management requirements if the vehicle improvements would accrue to the number of otherwise economically is fully licensed and ready for highway owner of the manufactured home park healthy manufactured home parks use. and not the manufactured home owner. would actually have closed if elevation 4.A requirement previously at 44(YR Manufactured home park owners have requirements continued to be ineffect. (10.3(b)(9)that emergency evacuation indicated that they are reluctant to make Many existing manufactured home plans be established,by communities to this capital investment due to the added parks are subject to shallow flooding or assure that the residents of cost for upgrading sites,costs that they have only a few sites subject to manufactured home parks and do not believe can be passed on to moderate or deep flooding.In addition, subdivisions are evacuated to safe areas tenants through rent increases.In there are ways individual existing after a flood warning would be restored addition,they anticipate resistance by manufactured home parks could love 5.Maximum use would be made of the prospective tenants to living in elevated adapted to an elevation requirement proposed NFIP Community Rating manufactured homes and opposition I lowever.the report indicated that this System toencour�e a variety of actions from current tenants to elevating possible outcome was of sufficient by communities to address the problem. manufactured homes on neighboring concern to warrant the consideration of Subsequent to the completion the sites. alternatives that would minimize these While many existing manufactured occurrences or provide additional report,FEhfAmet with a task force home parks will have only a few sites opportunities for owners of existing organized and chaired by the National affected or will be able to otherwise manufactured home parks to adjust to Manufactured Housing Federation adjust to such a requirement,some an elevation requirement.The only way (Nlvflli).Also included on the task force manufactured home parks would be to fully protect the economic interests of were representatives of the severely impacted if elevation continued the owners of existing manufactured Manufactured Housing Institute,two to be required.These parks would home parks and of individual manufactured home owners include those with a high percentage of manufactured homes currently located associations.and the Association of sites subject to moderate or deep in these parks would be to continue the State Floodplain Managers,a private flooding,a high rate of turnover of sites, "grandfathering".To do so would insurer of manufactured homes.and a a high percentage of sites currently jeopardize the lives and property of local official.This task force met in vacant,high debt servicing costs In prospective residents of the park who November of 1988 and February of 1989 relation to rental income generated,no are not currently at risk. to discuss the hnpaete of various alternative locations for manufactured . In an effort to balance these alternatives and develop home sites on the property,and/or no conflicting concerns,FEMA developed a recommendations submitted to FEMA alternative economic uses of the land. selected alternative outlined in the for consideration. The timing of the impacts would vary report for Congress.This selected The NMHF task force adopted the since..the requirement is not retroactive alternative was designed to reduce the following recommendations by majority and would only apply as sites became economic impacts on the owners and voter vacant.Existing manufactured home residents of existing manufactured I.In V-zones and floodways.items I parks with low turnover rates might homes,yet still achieve the N'FIP and 2 of the selected alternative in remain profitable for many years even if objectives of reducing flood damages FEMA's report should be applied to sites they were subject to moderate or deep and threats to public safety.The in existing manufactured home parks flooding,For other existing selected alternative in FEMA's report and subdivisions.In addition.FEMA manufactured home parks.the owner includes the following components: should encourage local governments to would have to choose whether to 1.All manufactured homes placed or use block rants and other measures to upgrade a site when it becomes vacant, substantially improved on a site in an relocate sites and manufactured homes relocate the site to elsewhere on the existing manufactured home park or from these areas. property.or leave the site vacant and subdivision where a manufactured home 2.Outside of V-zones and floodways, forego the rental income. had been substantially damaged by a items 1 and 2of the selected alternative Ultimately,in extreme cases where flood would be required to be elevated in FEMA'a report should be applied to the decision is made to leave all or most so that the lowest floor of the sites in existing manufactured home sites vacant,rental income eventually manufactured home was at or above the parks which can comply using a would become insufficient to pay for 100-year or base flood elevation.These standard installation(38 inch load debt servicing and operation costs while sites tend to be those subject to the bearing piers). 21892 Federal'Register /'Vol. 54, No. 96 /'Friday,.May:19,,1989 L.PxoDoacd'Rules_. _ _ . , • 3.Outside of V-zones and floodways, FEMA'believes that this approach will . home parks or subdivisions are flooded. manufactured homes placedln'exlsting minimize adverse economic impacts on This requirement was included in the manufactured homeyarks Which cannot the manufactured home community regulations prior to October 1.2966,but meet the base flood elevation while at the same time substantially was.dropped to simplify the regulations requirement using the 38 inch pier achieving the NFU'objectives of since it was assumed that,ass result of should at a minimum still be elevated on reducing losses of life and property due ending the"grandfathering"of existing the 36 inch pier to reduce the frequency to flooding. manufactured home parks and of flood damages.(The recommendation For existing manufactured home parks subdivisions,the need for the did not specify whether this was to be and subdivisions,the proposed rule requirement would be reduced as implemented immediately or through contains three basic provisions.First, elevation requirements were applied. items I and 2 of the selected communities would be required to However,if placement of manufactured alternative.) develop or have developed evacuation homes in existing manufactured home 4.The severity of the flood hazard plans for residents of existing parks is to be permitted without should be fully disclosed to owners of manufactured home parks and elevation to or above the base flood manufactured homes who rent sites in subdivisions.Second.manufactured level,this places additional persons at designated floodplains. homes placed or substantially improved risk and evacuation plans must again be 5.FEMA should encourage escrowing on sites in an existing manufactured required. or payment plans to make flood home park or subdivision on which a These plans could be developed by insurance affordable to low income manufactured home has incurred the community as a component Man manufactured home owners, substantial damage as the result of a overall emergency plan or required of 6.The word"internal"should be flood would be required to be elevated individual park owners.The complexity deleted from that portion of the to or above the base flood elevation. of the plan would be dependent onthe definition of"manufactured home"in Third,all other manufactured homes severity of the flood hazard and the FEMA's report dealing with placed or substantially improved in amount of warning time available.The "recreational vehicle"jacking systems, these existing manufactured home parks ' purpose of this plan is to ensure the safe 7.The impacts of the adopted and subdivisions would have to be evacuation of people and not the regulations should be reevaluated in elevated on reinforced piers or other manufactured homes themselves.The 1999. foundation elements that are no lees removal of individual manufactured The task force members representing than 38 inches in height above grade or homes from an existing manufactured the manufactured home community have their lowest floor at or above the home park or subdivision after a flood generally believed that the elevation of base flood elevation if this allows for warning is seldom feasible and a manufactured home higher than on a the use of a lower foundation, sometimes dangerous. standard installation was not In support of these requirements practicable due to the attitudes of definitions of"existing manufactured The second,and.from the standpoint manufactured home owners who rent home park or subdivision","expansion of reducing future flood losses,most sites and the problems related to the to an existing manufactured home park important of the basic provisions in this split ownership of the manufactured or subdivision".and"new manufactured proposed rule.is the revised home and the site..They also believed home park or subdivision"would be requirement at 44 CFR 80.3(c)(6)that, that ending the"grandfathering"in 20 permanently added to 44 OR 59.1. manufactured homes be elevated so that years as provided for in the selected These definitions are the same as are their lowest floors are at or above the alternative in FEMA's report would currently in effect under the suspension base flood elevation when placed on have immediate severe adverse notice published in the Federal Register sites in an existing manufactured home economic impacts on the manufactured on June 30,1987(52 FR 24370).They park or subdivision where a home park owners and on owners of closely parallel those definitions used to manufactured home has incurred manufactured homes currently in those implement the"grandfathering"of an substantial damage as a result of a parks.This provision introduces a high "existing mobile home park or mobile flood.Paragraph(cif())would also degree of uncertainty into the future of home subdivision"in NEW criteria that require elevation of manufactured some manufactured home parks and were in effect prior to the October 1, homes placed or substantially improved may preclude the financing or 1988 rule revision."Existing on sites outside of a manufactured home refinancing of the park itself as well as manufactured home park or park or subdivision,in a new the financing of individual manufactured subdivision"continues to be defined as manufactured home park or subdivision homes on sites therein.As evidenced by a manufactured home park or or In an expansion to an existing their recommendations,these task force subdivision for which the construction manufactured home park or subdivision. members were willing to concede that of facilities for servicing the lots on These sites were subject to the elevation these impacts might be acceptable in which the manufactured homes are to be requirement prior to the October 1,1906 readily identifiable high hazard areas affixed are completed prior to the rule revision. such as in V-zones and floodways.This effective date of the floodplain Note that the proposed rule does not set of recommendations was not fully management regulations adopted by the apply the elevation requirement to supported by the representatives of the community. manufactured homes placed in existing Association of State Floodplain The first of the three basic provisions manufactured home parks or Managers that were on the task force. of the proposed rule would require that subdivisions where the repair. Requirements for Existing Manufactured a plan for evacuating the residents of reconstruction,or improvement of the Home Parks andExiinM Subdivisions existing manufactured home parks or streets.utilities.and pads equals or subdivisions be developed and filed exceeds 50 percent of the value of the FEMA has developed provisions for with and approved by appropriate streets.utilities and pada prior to the this proposed rule which combine community emergency management repair,reconstruction or improvement. portions of both the selected alternative authorities.The purpose of this This provision was contained in the in FEMA's report to Congress and the requirement is to reduce the potential regulations prior to the October 1.I986 NMIiF task force recommendations. for loss of life if existing manufactured and in the June 30,1987 Federal Register Federtil Register / Vol. 5a; N6. 96/_'Fxiday,..t�iay'ie:zsss./WoDosea m ss....,.,. ; Hasa suspension notice.The provision would the problem since the severity of the subject to shallow flooding from no longer be required if the concept of hazard will be clearly evident inundation damage due to the base or "substantial damage"Is to be applied to FEMA now believes that there is 100 year flood provided that the individual sites. sufficient validity to the arguments reinforced pier or other foundation The term"substantial damage"is raised by the manufactured home system was designed to withstand the defined in a proposed rule which FEMA community against its proposal to end forces of moving floodwaters and the published in the Federal Register on the remaining"grandfathering"of impact of debris carried by those March 7,1989(54 FR 9523)."Substantial existing manufactured home parks and floodwaters.In addition,the 36 inch damage"means damage sustained by a subdivisions on October 1,1999 to reinforced pier or other foundation structure(in this case a manufactured warrant an alternative action.This would reduce the frequency of flooding home)whereby the cost of restoring the proposed rule does not include such a of those manufactured homes on sites structure to its before damaged provision.However,FEMA continues to subject to greater depths of flooding.If condition would equal or exceed 50 believe that requiring elevation of the use of the 38 inch pier or other percent of the market value of the manufactured homes to or above the foundation is not required,it is likely structure before the damage occurred. base flood elevation is the only way to that many manufactured homes would Note that due to a variety of reasons ensure that potential flood losses and continue to be placed at lower evident in the following paragraph,this threats to public safety are significantly elevations despite the fact that elevation provision would apply only to reduced in these existing manufactured on the 36 inch pier was practicable and substantial damage due to flood and not home parka and subdivisions.However, could be done at minimal or no to other causes such as a fire or wind.In as an alternative,the third basic additional cost. order to implement this provision,the provision in the proposed rule requires All manufactured homes placed in community would have to determine that manufactured homes that are flood hazard areas must be securely those sites in existing manufactured placed or substantially improved(for anchored to an adequately anchored home parks where,subsequent to the other than substantial damage due to a foundation system to resist floatation, inclusion of the requirement in their flood)on sites in existing manufactured collapse,or lateral movement If piers floodplain management regulations, home parks or subdivisions are elevated are to be used to elevate manufactured manufactured homes have incurred so that the manufactured home chassis homes,they must be reinforced.For substantial damage due to a flood. Is supported by reinforced piers or other flood hazard areas subject to velocity When permits are issued for the foundation elements that are no less floodwaters or impact by debris,the placement or substantial improvement than 38 inches in height above the grade lateral forces on the foundation and the of a manufactured home on one of these at the site.A lower foundation system manufactured home would generally be sites,elevation of the lowest floor of the could be used if the lowest floor of the in excess of those that can be withstood manufactured home to or above the manufactured home would be at or using stacked concrete blocks and over- base flood elevation would be required. above the base flood elevation using the-top or frame ties. Once a manufactured home has been such a foundation. The proposed rule also adds a destroyed or sustained major damage The 38 inch pier is the maximum provision at 44 CFR 60.3(e)(8)that due to a flood on a particular site,there height that a number of States allow clarifies which requirements would is no justification to further delay without use of an"engineered" apply in Coastal High Hazard Areas(V- imposition of an elevation requirement foundation at significantly greater cost. zones).This provision states that on that site.As stated In the report to The concept of requiring use of at least a manufactured homes placed or Congress.the post-flood period is an 36 inch pier was suggested by the task substantially improved outside of ideal time to upgrade or relocate sites force chaired by the National manufactured home parks or for a variety of reasons,including:(1) Manufactured Housing Federation. subdivisions.in new manufactured These sites will tend to include those FEMA has modified the task force home parks or subdivisions.In subject to the most severe and frequent recommendation by requiring use of 38 expansions to existing manufactured flooding,(2)the availability of disaster inch reinforced piers or other foundation home parks or subdivisions,and on sites assistance and flood Insurance claims elements immediately upon amendment in existing manufactured home parks payments will ease the financial impacts of the local floodplain management and subdivisions on which a on owners of manufactured homes,(3) regulations subsequent to this rule manufactured home has incurred sites affected will tend to be contiguous, becoming final. substantial damage_as a result of a allowing use of elevation techniques By requiring,at a minimum,a 36 inch flood.are subject to the construction such as fill or relocation of sites while reinforced pier or other foundation requirements applicable to all other V- minimizing impacts on adjoining sites, system.additional flood protection can zone structures. (4)flooded sites are likely to remain be achieved with minimal impacts on Manufactured homes placed or vacant for a period of time unless they the owners of manufactured homes or of substantially improved(for reasons are upgraded resulting in loss of rental existing manufactured home parks.This other than from substantial damage due income to the park owner.(5)costly should result in a reduction of flood to a flood)on other sites in existing repairs to park infrastructure will be losses and the resulting flood Insurance manufactured home parks and necessary making it more attractive to claims payments and disaster assistance subdivisions in V-zones would have to relocate these sites out of the floodplain costs.The 38 inch reinforced pier meet the proposed requirement at where possible or to abandon them,(6) combined with the height of a paragraph(c)(1Z)which provides for use conversion of the park to alternative manufactured home chassis and floor of the 36 inch reinforced pier or other uses will often be possible at this time. system would place the top of the foundation system.It should be noted (7)owners of individual manufactured manufactured home floor between four that use of a reinforced 30 inch pier in a homes will have lost their homes and and one half and five feet above the V-zone may be adequate to protect the will generally want to move to a lowest grade at the site.This would be manufactured home from damage due to floodfree site,and(8)there will be a sufficient to protect the estimated 75 sheet flow in small coastal storms. great deal of local support for solving percent of manufactured homes that are However,these manufactured home I 21894 .Federal Resistor / Vol. 54. No. 96 1-Friday. May ,19.•19ti9 / Fropssed,[bnies installations will not withetand the often taken off their wheels and placed sway buik to maoufacttued borne wove impacts that.would be on blocks and used as weekend. standards.It does not believe that Abe u encountered In V-zonea'during major "cottages",hunting orfisbing camps.or approach is incoaüsteo&with the coastal storms.The only way to protect for similar uses.The second problem Manufactured Home Construction and a manufactured home located in a V- has arisen with the recent development Safety Standards Act of 3974 as zone from severe damage due to wave of the park trailer and the growth in size indicated in some of those corm ent• impact during a major coastal storm is of the travel trailer.In some However,a snare serious problem was II to meet the construction requirements geographical areas,recreational vehicle subsequently brought to FEMA's t applicable to all other V-zone structures. resorts,travel trailer parks,and attcntlonby local officials.FF!v1A ' Note that 44'CFR 80,3'(c1(t)and jc)(12) campgrounds have been established believed that the provizioa including 1 do not apply to Zone AO(an area of within which sites are sold or rented for recreational vehicles in the definition of i chellow flooding with flood depths of 3 long periods of time.Park trailers and manufactured borne only'if they were • feet or leas with no clearly defined larger travel trailers were located In placed on a site for more than IAD ' channel).Manufactured homes placed these recreational vehicle resorts,travel consecutive days would be relatively or substantially improved in Zone AO trailer parks and campgrounds.Over simple for local officials to administer. I must meet the seine standards as other time stick-built additions such as However,this has not always been the residential structures and have their "Florida rooms'end other living areas case,particularly for condonhinium or lowest floor elevated above the highest and garages,carports, and sun shades long term taaae campgrounds.travel adjacent grade at least cs high es the were added to dteve units and many trailer parks,and recreational vehicle I depth number specified en The Flood evolved into seasoned and,in a few resorts which are becoming increasingly Insurance Rate Map(FIRM).Existing instances,year-ruined noosing. common.Because the owner of the manufactured home pores and Although FElvIA does not currently recreational vehicle either owns the site subdivisions located in Zone AO were insure these etructareet,thee-re s and or has a year or longer lease on:lhal site, not previously"grarrdfatS,rred",,(nice risk are no different from a elevation at least as high ea the depth manufactured home or conventional the management p of the.campground.does not number could be acco lishedbyhouse and,es such,the should be travelecordspfrt errovemdossnot mP using Y keep records of the movements of that a standard marhdacturedharm, subject to the same floodplain individual recreational vehicle.It is installation. management standards ea other forms of ditheu7t for local officials in these Requirements To Be residential construction,At the time 4 Applied to rti, developed file rule revision that communities to ensure that these Recreational Vehicles recreational vehicles are in fact moved became effective October 1,¶986,it and have not remained on the site for The October L USO rule revision believed that the vee of the"lin defined"rnanufat nredhome"to consecutive day"criteria would valise more than the consecutive days. include,for floodplain management less disruption In the operation of most F'l�vfA proposes to address effort to rs these purposes,"park trailers,travel trailers. travel trailer part*or campgrounds than a meets ae part $an overall and other similar vehicles clarify the requirements applicable to placed tut a any alternative course of metioa, was recreational vehicles.FZMA proposes to site for greater than led emanative anticipated that the recreational vehicle add a separate definition of days".For insurance purpomses,park would be periodically moved to avoid "recreational vehicle"which will be trailers,travel trailers,and other similar meeting t¶redefirdtlm of"manufactured consistent with the definition in U.S. vehicles were not included.This meant horns"and bemntingasibject 40 and Urban that once one of these vehicles remained "manufactured home"requirvmeems.ByD Development regulationseartment of g and to include on a site for more thaw 780 consecutive ensuring that recreational vehicles sdays it became a"manufactured home" placed in flood hazard areas were requirements e lloo for"recreational management and was subject to all the applicable periodically moved FF.MA would for vehicles" floodplain management requirements prevent those recreational vehicles from at 44 CFR s0.3(c)(141. including requirements for(1)obtaining being permanently pitoed on a site and Under the proposed rule,no a permit in accordance with 44 CFR evolving into seavonaler year-round floodplain management regulations t 60.3(b)(2).(2)elevating and anchoring housing.This would minimize the would apply to a recreational vehicle i the vehicle to resist floatation collapse investment at risk and insure that.if a the recreational vehicle was on site for and lateral movement le accordance flood did occur,no indivi0aala would less than 100 consecutive days or was with 44 CFR 00,3(b)(8j.and(3)elevating lose their primary residence and become fully Itceocedand ready forbigbway_. the vehicle so that its toweat floor is at eligible for disaster assistance. use."Ready for highway use"means or above the base flood elevation In Several of those who commented in that the recreational vehicle is on its accordance with 44 CPR e0.3(c)(e). reapoase to the lane 30,108'Federal wheels or jacking system.is attached to The supplementary information in the Register expressed concerns that.by the site only by quick disconnect type proposed rule explained the intent of including certain park traileers,travel utilities and security devices.and has no this definition change: trailers,and similar vehicles in the permanently attached additions.If the The intent of this provision is to imiude definition of"manufactured home". recreational vehicle did not meet either , these vehicles when they are peemaneotiy FEtMA was improperly equating of these criteria,the recreational vehicle left on a site and their usage and risk is the recital/anal vehicles with inn n,.rnr.,red would be subject to the permitting same as a"manufactured home',but not homes and made the point that the requirement in i 80.31b)(1)and the 1 include them when they are placed on Wee former were not built to industry elevation and anchoring requirements in only seasonally or used only for rnmptng and standards for manufactured homes and 6 80.3(c)(8). other shoo tens ooatpaaciea, were not intended as primary There are no provisions lot The specific problems that FF.MA residences.FEMA included these "grandfathering"recreational ve))irle intended to address by defining certain recreational vehicles in the definition of sites.These sites can continue to be i recreational vehicles to be "manufactured borne"solely to avoid used by recreational vehicles which are manufactured homes were twofold, unnecessary complexity inNFIP criteria "fully licensed and ready for highway first,older recreational vehicles are and not to Imply that they were in any use'.Those recreational vehicles which Federal Register / Vol. 54, No.,98 / Friday,.May 19. 1989 / Proposed,Rules 21895 are currently on sites and which are not has been substantially damaged and Manufactured Housing.Federation task "fully licenced'and ready for highway where elevation to or above the base , force recommendation that there should - use"would not'be subject to these flood elevation is required for • be a disclosure requirement for.;. requirements unless they were subsequent placements and substantial manufactured homes placed in existing substantially improved or replaced by improvements of manufactured homes. manufactured home parks in flood another recreational vehicle.When a The reason for continuing to make hazard areas,.The NFIP will continue to recreational vehicle is removed from the insurance available at Pre-FIRM rates is depend on the permit requirement for site for whatever reason,the owner of the practical difficulty for insurance placements of manufactured homes and the campground,travel trailer park, agents in identifying which sites are the notifications required under the recreational vehicle resort or individual subject to an elevation requirement and mandatory purchase provisions in the site will have the option of either which are not However,applicants for Flood Disaster Protection Act of 1973.as meeting the floodplain management flood insurance on these manufactured amended(42 U.S.C.4002,er eeq.).to I requirements with any replacement homes will have the option of submitting disclose flood hazards.Historically. recreational vehicle or ensuring that an elevation certificate and being rated FEMA has encouraged,but not required. such a vehicle remained fully licensed based on the elevation of the the adoption of these disclosure and highway ready.The latter manufactured home if this would result requirements by State or local alternative is not inconsistent with the in a lower rate. governments.Disclosure requirements manner in which moat travel trailer FEMA encourages participating are currently a recommendation for parks or recreational vehicle resorts are communities to work with and assist the communities in 44 CFR 80.22 Planning traditionally operated and should pose owners and residents of existing Considerations for Floodprone Areas no hardship to the owner or operator of manufactured home parks and and will be credited under the that facility. subdivisions in their community to Community Rating System. An additional reason for not upgrade their parka to minimize flood The task force also recommended that "grandfathering"recreational vehicle damages and threats to public safety;In the NEW should explore encouraging the sites is that nearly all recreational many communities,these existing more widespread use of escrowing for vehicle resorts,travel trailer parks and manufactured home parks constitute a flood insurance premiums and campgrounds were initially established critical housing resource for low and establishing payment plans to make to serve a transient clientele and only moderate income persons that may be flood insurance affordable to the owners later evolved into permanent difficult to replace if severely damaged of manufactured homes.The task force placements of individual recreational due to flooding.Communities should believed that this would encourage the vehicles on sites.It would not be consider waiving other planning and purchase of flood Insurance by these possible to develop a simple set of zoning requirements if this will allow persons.FEMA does recommend that criteria for"grandfathering"individual relocation of the most hazardous and lenders escrow funds for payment of recreational vehicle sites, frequently flooded sites to flood-free or flood insurance premiums.This practice FEMA believes that the advantage of less hazardous locations or the provides a means for lenders to ensure this approach is that the local building upgrading of sites to minimize flood that flood insurance coverage is official should be able to drive by or damages.There may be situations maintained on subject to the through a campground,travel park,or where public financial assistance in properties 1 recreational vehicle resort periodically these efforts is in the best interests of all mandatory purchase requirement in the and verify that all vehicles in a concerned. Flood Disaster Protection Mt of 1973. campground are recreational vehicles. FEMA intends to make use of the However,FEMA has no authority to FEMA intends to provide the proposed NF1P Community Rating require escrowing.Action would have to community with the option of either System to encourage action by be taken by the Federal using the"180 day"criteria or the"full} communities to reduce damages to and Instrumentalities which regulate the various categories of lenders. licensed and ready for highway use" impacts on owners and residents of criteria since either would achieve the existing manufactured home parks. In regard to payment plane.FEMA's intended purpose.Many communities Under this Community Rating System, concern has been that the risk of already place limitations on how long a flood insurance premiums would be flooding is highly seasonal in many recreational vehicle can be left on a sit. reduced in those communities which types of floodplains and In many areas for reasons other than floodplain undertake actions to reduce flood losses of the nation.It would be possible that management,Other communities are above and beyond the minimum actions persons would obtain flood Insurance located in areas where,due to climate, required for participation In the NF1P. and then stop making payments after possible vandalism,or other reasons, The reductions in flood insurance the season with the severest flood recreational vehicles are seldom left on premium would reflect the decreased hazard had passed.FEMA will have to a site over the winter.These risk and exposure to losses to the study further to determine whether the communities have already adopted the program that would result from these gain in additional policies in effect that "180 day"criteria or its equivalent and actions.In addition to recognizing more result from the use of payment plans can administer the provision without restrictive regulations adopted by a would be sufficient to counterbalance difficulty, community,the Community Rating this potential loss of premium income, Other Actions System would provide credit for actions Finally,the task force chaired by the such as full disclosure requirements for National Manufactured Home For the purpose of flood insurance prospective park tenants,developing Federation recommended that the issues rating,all manufactured homes placed emergency flood-fighting plans,and related to existing manufactured home or substantially improved in existing actions to assist manufactured home parks and subdivisions should be manufactured home parks and park owners in upgrading or relocating reevaluated at the end of 10 years.The subdivisions will continue to be treated flood-prone sites or otherwise reducing task force felt that the problem should as Pre-FIRM structures and eligible for flood damages. be given the opportunity to solve.itself Pre•FIRM rates.This will apply even on FEMA has decided not to include in through attrition and that further action those sites where a manufactured home this proposed rule the National may be unnecessary.FENAagrees that . 211195 Federal Register /`Vol- 04, Noll*jr.Friday;Se.ILIL, S+89..1..I'mD�edJinlea: .. this type of review is necessary, Rules I)ocket'Oark,'Offico'of General affixed tkrluding the installation of particularly since,under the ptopesed Counsel,Federal Emergency utilities.the conahuctionof streets.and • rule,limited"grsndfathering"of existing Management Agency.=CStreetSW., either final site grading or the pouring of , manufactured home perks and Washington:DC20472. concrete pads). subdivisions will continue.If at the end The proposed rule doesnoihave a • of i0 year,a reevaluation Indicates that significant-economic Impact on a c.By revising the definition of • the regulatory requirements in this substantial number of small entities and ••Manafachnd home"to read as proposed rule and the natural attrition has not undergone regulatory flexibility follows: of older existing manufactured home analysis.Note tat the basis of this parks and subdivisions have determination is FEMA's report substantially reduced the number of "National Flood insurance Program :Manufactured home means a sites et risk and the attendant flood Existing Manufactured Home Parks and structure,traneportab a in one or cure losses,no additional actions by FEMA Subdivisions'which examined these sections which is built on a pi....r„nc.rt would be necessary.However,if flood potential impacts in detail. chassis and is designed for ese with or losses.government costs,and threats to The proposed rulels not a"major without a permanent foundation when public safety are not reduced rule'as defined In Executive Order attached to the required utilities,The significantly.there may been need to , 12291.dated February 17,1981,and term'mnamifactmed home'does not review other alternatives. hence,no regulatory analysis has been include a"recreational vehicle". prepared' Impacts on Community Ordinances FEMA has determined that this 4.8y adding,alphabetically,a It is important to emphasize that Nt1P proposed rule does not contain a definition of-New manufactured home criteria are minimum standards that collection of information requirement as park or subdivision"to read as follows: cumaamlties mustmeettnorder to described In section 3504fhl of the • participate in the program.The criteria Paperwork Reduction Act. "New manufactured bonze park or do not preempt State or community List of Subjects in 44 CFR Parts 39 and subdivision"means a manufactured authority to adopt more restrictive home park or subdivision for which the requirements if they so Choose.Tbis is consuntction of facilities forservidmg provided for at 44 CFR e0.7(d)which Flood insurance,Flood plains. the lots on which the manufanued specifically states that more restrictive Accordingly it is proposed to amend homes are to be affixed(exclud ngata State and local regulation take 44 CFR Chapter 1,Subchapter B as minimum.the lnstafation of utilities,the precedence over N'FSPariterla.Note that follows- con seven=of streets,and either final no matter what actions.FEMA takes site grading or the pouring of Coocrele regarding existing manufactured home PART 50-GENERAL AROVisn>arS pads)is completed on or after the parks and subdivisions,some States and 1.The authority citation for Part 59 effective date of floodplain management many communities are likely to continue continues to read as follows; regulations adopted bya community. to require standards equivalent to those in the October 1.1986 rule revision. Authodty•:42 U.SC.4401 et sea.: Any community which adopted and Reorgselaatice Plan No.3 of le7n E.G.12177. a By adding,alphabetically,a currently has in force the October 1, definition of'Recreational vehicle•to §59.1 [Amended] 1386 elevation requirement will already Z.Section 5D.1 is amended as ldlow& read as follows: Le compliant as will oommunitiea in a.By revising the definition of those States which require elevation of '•Existing matiiJeUured home park or "Recreational vehicle"[Deans a an manufactured homes These vehicle which is(1)built on a single subdivision'to read as follows: communities will have the option of chassis;(2)400 square feet or leas when incorporating the final rule into their measured at the largest horizontal o dinances,In addition.communities ..Existing manufactured ls+e a parker m a aectiona{3)designed to be self- which do not have exisH subdivision"means a manufactured p manufactured home parks will be home park or subdivision for which the propelledtowable� a considered compliant regardless of the constriction of facilities forservicmg primarily not for use esapennenent language in their ordinance since the the lots on which the manufactured dwelling but as terapnrary living "grandfather"provision would have no homes are to be affixed lincluding,at a 8 minimum.the installation of utilities.Hue quarters for recreational cau+piog. practical effect.Ordinance revisions or seasonal l use. would be required by FEMA for those construction of streets,and eiuherfinal _ • communities that both(1)have existing site grading or the pouring of concrete manufactured home parks or pads)is completed before the effective PART GO—CRITERIA FOR LAND USE subdivisions and 12)have retained or date of the floodplain management MANAGEMENT AND USE amended their ordinances to regulators adopted by a community. reincorporate the complete • • 3.The authority citation for Part e0 "grandfathering", b.By revising the definition of continues to read as follows: FEMA has determined.based upon an "Expansion to an existing manufactured Authority:42 U.S.C.4001 et seq.; Environmental Assessment,that the home park or subdivision"to read es ReorganisationPlea No.3of 1a7&BO.1Z127 proposed rule does not have significant follows: impact upon the quality of the human §60.1 tAmended) environment.As a result.an "Expansion to an existing 4.Section 00.3 is amended as follows: Environmental Impact Statement will manufactured home park or a.By adding in paragraph(bX4) not be prepared.A finding of no subdivision"means the preparation of between the phrases"(c)(5).•and significant Impact is Included in the additional sites by the construction of "(c)(22)"the phrase"(eke)."and formal docket file and is available for facilities for servicing the lots on which between the phrases"(c)l12)."and public inspection and copying at the the manufactured homes are to be "(d)(2)"the phrase"(c)(14).". Federal Register'/ VoL 54, No. 98/ Friday. May. 19:1989 / Proposed-Ruler 21897. b.By adding paragraph(b)(9)to read d.By revising paragraph(e)(12)to wheels or jacking system.is attached to as follows: read as follows: the site only by quick disconnect type • utilities and security devices,and has no (b) • • • (c) • • • permanently attached additions. (9)Require that a plan for evacuating (12)Require that manufactured homes • residents of all manufactured home to be placed or substantially improved f.By removing in paragraph(d)(1)tie parks or subdivisions located within on sites in existing manufactured home phrase"(13)"and replacing it with zone A on the community's FliBM or parks or subdivisions within zones Al- "(14)". FIRM be developed and filed with and 30.AH,and AR on the community's g.By removing in paragraph(e)(1)tae approved by appropriate community FIRM that are not subject to the phrase"(13)"and replacing It with emergency management authorities, provisions of paragraph(c)(6)of this (14)", • • section be elevated so that either(I)the h.By adding paragraph(e)(8)to read c.By revising paragraph(c)(6)to read lowest floor of the manufactured home as follows: as follows: is at or above the base flood elevation or(ii)the manufactured home chassis is (c) • • * supported by reinforced piers or other le) * • (6)Require that manufactured homes foundation elements that are no less (8)Require that manufactured homes that are placed or substantially than 36 inches in height above grade and placed or substantially improved within improved within Zones A1-30,AH,and be securely anchored to an adequately Zones V1-30.V.and VE on the AE on the community's FIRM on sites(i) anchored foundation system to resist community's FIRM on sites(i)outside of outside of a manufactured home park or floatation,collapse.and lateral a manufactured home park or subdivision,(ii)in a new manufactured movement, subdivision,(ii)in a new manufactured home park or subdivision,(iii)in an • • • .- home park or subdivision.(iii)in an expansion to an existing manufactured e.By adding paragraph(c)(14)to read expansion to an existing manufactured home park or subdivision,or(iv)in an as follows: home park or subdivision,or(iv)in an existing manufactured home park or existing manufactured home park or subdivision on which a manufactured (c) • • • subdivision on which a manufactured home has incurred"substantial damage" (14)Require that recreational vehicles home has incurred"substantial damage" as the result of a flood,be elevated on a placed on sites within"Lone'Al-ac,AH, as the result of a flood,meet the permanent foundation such that the and AE on the community's FIRM either standards of paragraphs(e)(2)through lowest floor of the manufactured home (i)be on the site for less than 180 (7)of this section. is elevated to or above the base flood consecutive days,(ii)be fully licensed • elevation and be securely anchored to and ready for highway use,or(iii)meet Dated:May 1.'.1989, an adequately anchored foundation the requirements for"manufactured Harold T.Duryea, system to resist floatation collapse and homes"in paragraphs(b)(1)and(c)(8)of Federallnsmtrnceddministmtor, lateral movement, - this section.A recreational vehicle is (FR Doc.89-11991 Filed 05-18-8%A145 emj • • • ready for highway use if it is on its same Coot sns•a-s • SORENSEN AND KONKEL ,• I: tj^ ATTORNEYS AND COUNSELORS AT LAW I r CL - 1405 SOUTH COLLEGE AVENUE SUITE ONE ' •_ ,,;'' ' FORT COLLINS,COLORADO 80524 ROCK C.SORENSEN ` TELEPHONE DOUGLAS D.KONKEL,P.G. 30.1.91616/ CRAIG STIRN GREG R.REMMENGA June 8, 1989 REGISTERED MAIL Ms. Jackie Johnson Mr. Gene Brantner Mr. Bill Kirby Mr. Gordon Lacy Mr. George Kennedy Weld County Commissioners c/o Tom David P.O. Box 1948 Greeley, CO 80632 Re: Lorita Merlyn Barnes aka Lorita Merlyn Pidcock Dear Madam and Sirs: Enclosed please find an original Notice Pursuant to Colorado Revised Statutes Section 24-10-109,with respect to the claim of Robert L. Pidcock, surviving spouse of Lorita Merlyn Barnes aka Lorita Merlyn Pidcock, which sets forth the basis of action in the wrongful death of Lorita Merlyn Barnes aka Lorita Merlyn Pidcock. Ve icily ours, Rock C. Sorensen RCS/rd enclosure cc: Richard Barnes NOTICE PURSUANT TO COLORADO REVISED STATUTES SECTION 24-10-109 1. Names and Addresses of Claimants and their Attorney: Robert L. Pidcock, 4203 22nd Street Road, Greeley, CO 80634, surviving spouse of Lorita Merlyn Barnes aka Lorita Merlyn Pidcock, deceased. Attorney Rock C. Sorensen, Sorensen and Konkel, 1405 South College Avenue, Fort Collins, CO 80524. 2. Basis of Claim. The basis of this claim arises out of the failure of the State of Colorado, Department of Highways, and/or the Weld County Commissioners and Weld County Road and Bridge Department to adequately and properly design, engineer, maintain, and construct a certain bridge described as Bridge No. A17D, and the roadway appurtenant thereto, upon Colorado 85 approximately 0.3 miles north of milepost 304 in the County of Weld, State of Colorado, or otherwise to act in a reasonably prudent and careful fashion to properly protect persons traveling at or near said location from foreseeable injury or death. This claim arises out of a certain automobile accident which occurred on or about December 11, 1988, at or about 3:00 p.m. , at the site of Bridge No. A17D on Colorado 85 at or near 0.3 miles north of milepost 304 in the County of Weld, State of Colorado. The vehicle being operated by the decedent, Lorita Merlyn Barnes aka Lorita Merlyn Pidcock, struck the bridge rail at said location, which was constructed of wooden materials rather than metal guardrails and delineator design. The bridge railing failed, causing the vehicle being operated by Lorita Merlyn Barnes aka Lorita Merlyn Pidcock, deceased, to drop from the bridge into the dry creek bed and strike a bridge abutment, causing massive head and internal injuries which proximately resulted in the death of Lorita Merlyn Barnes aka Lorita Merlyn Pidcock. But for the inadequate design, engineering, maintenance and construction of said bridge and roadway, the accident would not have occurred in the fashion above described, and the death of Lorita Merlyn Barnes aka Lorita Merlyn Pidcock would not have occurred. As a direct and proximate result of the automobile accident above described on December 11, 1988, Lorita Merlyn Barnes aka Lorita Merlyn Pidcock suffered severe head and internal injuries resulting in her death. 3. Names and Addresses of Public Employees Involved. All employees and representatives, including but not limited to the Director of the Colorado Department of Highways; all engineers, contractors or other employees or agents of the Colorado Department of Highways responsible for the design, engineering, maintenance and construction of Bridge No. A17D on Colorado 85 approximately 0.3 miles north of milepost 304 in the County of Weld and State of Colorado; all County Commissioners of the County of Weld, and all employees or agents of the County of Weld employed by the Weld County Road and Bridge Department, and others responsible for the design, engineering, maintenance and construction of Bridge No. A17D on Colorado 85 approximately 0.3 miles north of milepost 304 in the County of Weld and State of Colorado. 4. Nature and Extent of Injuries Suffered. The decedent, Lorita Merlyn Barnes aka Lorita Merlyn Pidcock, suffered multiple injuries, including severe head and internal injuries, resulting in her death. At the present time, the nature and extent of monetary damages has not been fully determined, however, said injuries and damages include, but are not limited to, those set forth in paragraph No. S hereinbelow which is incorporated herein by this reference as if fully set forth herein. 5. The Claimant incorporates paragraphs 1, 2, 3 and 4 set forth hereinabove as if fully set forth in this paragraph 5 verbatim. Claimant identifies, but not by way of limitation, the following damages: a. Past medical expenses. b. Funeral expenses incurred as a result of the death of Lorita Merlyn Barnes aka Lorita Merlyn Pidcock. c. Other costs and expenses incurred as a result of the death of Lorita Merlyn Barnes aka Lorita Merlyn Pidcock. d. Net pecuniary losses defined as the financial benefit which the Claimant might reasonably expect to receive from decedent had she lived, including but not limited to lost future earnings and loss of future business opportunities result- ing from the acts and conduct of the negligent parties hereina- bove named in an amount to be determined by a trier of fact. Said damages are based upon the anticipated testimony of expert witnesses, in addition to the testimony of the Claimant and her heirs, personal representatives and next of kin. Said monetary damages as above described are anticipated to be in excess of Seven Hundred and Fifty Thousand Dollars ($750,000.00) . �j DATED this 7� -day of June, 1989. SORENS AN ONKEL k Sorensen, #9515 attorney for Claimant 1405 South College Avenue Fort Collins, CO 80524 (303) 493-8484 AGENDA WELD COUNTY BOARD OF ADJUSTMENT THURSDAY, June 22, 1989 Board of Adjustment Members are reminded that you are to call BOBBIE GOOD at 356-4000, E::tension 4400, if zat can or cannot attend the meeting. * * * * * f f' .r: * * * * * * * q is is * * * is * * * * i• '.: * * 1• * * 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 Robert Sorensen - Vice-Chairman James Adams Dennis Gesterling Raymond Mora Donald Mason Barry Sullivan Kirk Schweitzer Ed Dolan Associate Members: Dianne Hajec Sidney Walker David Woronoff C. Approval of minutes of April 27, 1989, regular meeting. D. New Business 1. CASE NUMBER: BOA-948 APPLICANT: Carolyn 0. Anderson, c/o John P. Donley REQUEST: Appeal Administrative Decision LEGAL DESCRIPTION: Part of Lot 4 and part of Lot 5, Dos Rios Subdivision, Weld County, Colorado LOCATION: Approximately 1 .5 miles south cf the City of Greeley AGENDA WELD COUNTY PLANNING COMMISSION MEETING Tuesday. June 20, 1989 Planning Commission Members are reminded that you are to call BOBBIE GOOD 356-4000, Extension 4400, if as cannot attend the luncheon and/or meetin&. 12:00 noon - Weld County Planning Commission Luncheon - June 20, 1989, Radisson Inn, 701 8th Street, Greeley, Colorado * * * * * +; f, * * * * * * s' * * * * * * * * * * is * i. * * * * V' * 1:30 p.m. — Public Meeting of the Weld County Planning Commission, County Commissioners' Hearing Room (#101) , 915 Tenth Street, Greeley, Colorado. POLL CALL Bud Halldorson, Chairman Ernie Ross, Vice-Chairman Jerry Burnett Lynn Brown Rick Iverson Jerry Kiefer LeAnn Reid Ivan Gosnell Ann Garrison 1. CASE NUMBER: COZ-449 (continued from June 6, 1989) APPLICANT: Harold Reese, Jr. REQUEST: A Change of Zone from A (Agricultural) and C-3 (Commercial) to PUD (Planned Unit Development) . LEGAL DESCRIPTION: Part of the SE} of Section 10, and part of the NE; of Section 15, all in T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 miles south of Colorado Highway 119 and west of 1-25. 2. CASE NUMBER: Amended USR-478 APPLICANT: Robert and Katherine Johnson Richard and Marcia Chana REQUEST: Site Specific Development Flan and an Amended Special Review permit for a breeding, raising, and training facility for no more than 300 greyhounds. LEGAL DESCRIPTION: Part of the Ni NE} of Section 35, T1N, R68W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 3/4 mile north of Weld County Road 2 and west of and adjacent to Weld County Road 11. 3. CASE NUMBER: USE-881 APPLICANT: Lakeview Village, Incorporated, c/o Bob Kramer REQUEST: A Site Specific Development Plan and a Special Review permit for a recreational facility (private ski lake) located in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE} of Section 13, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 miles north of the Town of Firestone, west of Weld County Road 13, and south of Weld County Road 22. 4. Consider proposed amendments to Sections 31 , 32, and 47 of the Weld County Zoning Ordinance. WATER LEGISLATIVE REPORT Cc. Colorado Water Congress • 1390 Logan St.. Rm. 312 • Denver, Colorado 80203'! phone:1303) 837-0812 Dick MacRavey, Editor C`.'' eJune 12, 1989 As you know from the 5/15/39 Water Legislative Report, HJR 1030 approved a number of studies on various matters to be made by the Legislative Council during the interim period (July to October). The three committees of particular interest to the water community will be the Water Interim Committee, the Accountability of Governmental Authorities Interim Committee and the Tax Policy Interim Committee. The meeting schedule at the State Capitol for these three interim committees is as follows: (1) Water — July 12, August 3, August 24, September 14, October 5 and October 26; (2) Accountability of Governmental Authorities -- July 13, August 3, August 24, September 14, October 5 and October 26; and (3) Tax Policy — July 7, July 27, August 22, September 12, October 3 and October 24. The committee membership for these three interim committees is as follows: (1) Water — (Chairman) Senator Tilman "Tillie" Bishop (R-Grand Junction), (Vice Chair an)Reepresentative Scott McInnis (R-Glenwood Springs), Senator Harold McCormick (R-Canon City), Senator Tan Norton (R-Greeley), Senator Jim Rizzuto (D-La Junta), Senator Larry Trujillo (D-Pueblo), Senator Dave Wattenberg (R-Walden), Representative Lew Entz (R-Hooper), Representative Faye Fleming (R-Thornton), Representative Matt Jones (D-Thornton), Representative Margy Masson (R-Crawford) and Representative Sam Williams (R-Breckenridge); (2) Accountability of Governmental Authorities — (Chairman) Representative Jeanne Faatz (R-(Senver), (Vice Chairman) Senator Terry Considine (R-Cherry Hills), Senator Jim Brandon (R-Akron), Senator Jack Penlon (R-Aurora), Senator Brian McCauley (D-Westminster), Senator Ray Peterson (D-Denver), Representative Norma Anderson (R-Lakewood), Representative Mike Coffman (R-Aurora), Representative Guillermo DeHerrera (D-Aurora), Representative Pat Killian (D-Wheat Ridge), Representative Betty Neale (R-Denver), Representative Peggy Reeves (D-Fort Collins) and Representative John Ulvang (R-Fort Collins); (3) Tax Policy — (Chairman) Senator Ted Strickland (R-Westminster), (Vice Chairman) Representative Paul Schauer (R-Littleton), Senator Bonnie Allison (R-Edgewater), Senator Brian McCauley (D-Westminster), Senator Jana Mendez (D-Longmont), Senator Ray Powers (R-Colorado Springs), Senator Claire Traylor (R-Wheat Ridge), Representative Steve Arveschoug (R-Pueblo), Representative Jim Foster (R-Grand Junction), Representative JoAnn Groff (D-Westminster), Representative Peggy Kerns (D-Aurora), Representative David Owen (R-Greeley), Representative Bill Thiebaut (D-Pueblo) and Representative John Ulveng (R-Port Collins). The other interim committees are criminal justice, higher education and workmen's compensation. The permanent committees are: capital development, capitol cornerstone centennial, uniform state laws, highway legislation review, joint budget, joint legislative sunrise and sunset review, joint review committee for the medically indigent, legal services, legislative audit, legislative council, policemen's and fireman's pension reform, school finance, long term health care and telecommunications. If you have any questions about the aforementioned committees, please call the Legislative Council staff at (303) 866-3521. ALSO, BEFORE ATTENDING ANY INTERIM COMMITTEE MEETINGS, IT IS STRONGLY RECOMMENDED THAT YOU CALL THE LEGISLATIVE STAFF AT (303) 866-3521 TO MAKE SURE THAT NO MEETING DATES HAVE BEEN CHANGED. Incidentally, Marilyn Salazar of the Legislative Council will staff the Interim Water Committee. The last bills of interest to the water community have been addressed by the Governor; namely: SB 181 (Water Quality-Water Quantity) which was signed by the Governor on 6/8/89 and SB 120 (Sand and Gravel) which was allowed to become law on 6/9/89. The CWC record for the 1989 session was as follows: (1) Bills Supported Water Legislative Report -2- June 12. 1989 Won 12 and lost 4; (2) Bills Opposed won 7 and lost 0. The cumulative record for the last nine years is as follows: (1) Bills Supported Won 131 and lost 27; and (2) Bills Opposed Won 46 and lost 0. The Colorado Water Congress will publish this month a book containing all water and water-related laws of the first regular session the Fifty-Seventh General Assembly. Since this book is over 150 pages in length; and paper, printing, postage and labor are significant costs, the price of the book is $50 (CWC members) and $100 (non-members). Furthermore, since there will be only 50 copies of this book available, distribution will be governed in order of requests. Readers are urged to place their order for the "1989 Colorado Laws Enacted of Interest to Water Users" as quickly as possible -- call or write the Colorado Water Congress, 1390 Logan Street, Suite 312, Denver, CO 80203, or phone (303) 837-0812, or fax (303) 837-1607. Incidentally, the bills of direct and indirect interest to members of the water community included in this book are: SB 28 pertaining to extension of the prohibition on hold harmless clauses in public contracts to cover architects; SB 64 pertaining to the authority for the Southwestern Water Conservation District to make loans or grants to other public entities; SB 67 pertaining to financing of small water resources by the Colorado Water Resources & Power Development Authority; SB 85 pertaining to the Colorado Water Conservation Board Construction Fund; SB 95 pertaining to activities of the Joint Review Process; SB 116 pertaining to low-flow plumbing fixtures; SB 120 pertaining to the requirement for augmentation of water in sand and gravel mining; SB 135 pertaining to cash funds allocated to the office of the state engineer; SB 142 pertaining to a delay in the transfers of general fund money for water purposes; SB 166 pertaining to notice to be given in applications for changes in water rights; SB 181 pertaining to regulatory authority over water quality control; HB 1003 pertaining to the administration of local govelciment finances; HB 1056 pertaining to investment in securities by public entities; HB 1092 pertaining to definitions for purposes of the limitations on liability of private landowners for injuries occurring on property leased or used by public entities for recreational purposes; BB 1094 pertaining to operating a motorboat or sailboat while under the influence of alcohol or drugs; HB 1112 pertaining to the authority of political subdivisions of the state to enter into cooperative agreements relating to water resources; }B 1169 pertaining to landscaping used in the construction and maintenance on public projects or facilities financed wholly or in part by the state; HB 1190 pertaining to preference for resident bidders; BB 1233 pertaining to the prohibition of do-damage-for-delay clauses in public works contracts; HB 1238 pertaining to licenses for contractors involved in water well construction and pump installation; HB 1299 pertaining to underground storage tanks used to contain regulated substances, and making an appropriation in connection therewith; SJR 5 pertaining to the project eligibility list of wastewater treatment system projects eligible for financial assistance from the Colorado Water Resources and Power Development Authority; Ha 1012 pertaining to the Two Forks Dam Project; and HJR 1030 pertaining to interim studies. If you have any questions, please do not hesitate to contact the CWC staff in Denver (phone (303) 837-0812). WATER LEGISL,ATT.VE REPOtt _3- JuNY 12, 1i89 1 • {{, . O1 CO ON 9,I 0, 00 to R. II 5 .00 N � N M N kt i i a''M JP. f0 1N W y\ M . y' tot 0,((� a I O H I rI ea N 1 '� .tl 1 I } .25 F %t it I v. (J \ \ .. {�i pp. �1[ G 0.. M Q O z b f3?K .y N ti N! CO N C/] C1 ! . t .-, 4 `CI) + 1�E-11( 1 '.'/ nrl"•••. 1 .-I 17 .-I 1 rI 1 ..a) 1 ' N 64 ri ' 1 N / .'I i3 I\1 1 T 000 W11 CO ON C., \� \I \ \ I \ CO O+N •• CO O '0 CIO 0 rI. 0 \. CO� •• ON 1A� N' N .-IJ N '•I Os O\I N CO VI CO .\a 1 COn .\TC TC .aCC II 0 .\aC a .e ON CO CO s `°C ., L°�° CL ono �-1 a�0 O 2 O O Of -- $ El u m 81 O M O N O a N_ N1 6 � s OE M 1n O. .r G e•4 CO c. ? E E C. l s El E kw il.s E ? s. 3 3& 8 el 8 8 8 A 8 8a4 aA s; 8 o. ill 81 Py O CO CO CO CO CO CO CO ON ON ON ON ON ON O° • - ON. as 04 2:10 as ON ON ON ON ON ON o+ O%IJ asa Cho 00 o co co co 0o ao w CO CO CO 00l aO as co co �. 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Groom( June 9, 1989 To the Honorable Colorado State Senate Fifty-seventh General Assembly First Regular Session Denver, Colorado 80203 Ladies and Gentlemen: I have the honor to inform you that I have approved and filed with the Secretary of State Senate Bill 181, "Concerning regulatory authority over water quality control," which I signed on June 8, 1989 at 6:03 p.m. S.B. 181 was thoroughly discussed and negotiated during the session, and many compromises were made by all interested parties. I believe Section 2 of the bill will help streamline the relationship between the Water Quality Control Commission and Division and the other agencies of state government whose actions affect water quality. To ensure that this streamlining is done in a manner consistent with ' the maximum protection of water quality in Colorado, I am directing the Hater. Quality Control Commission and Division and the "implementing agencies" identified in S.B. 181 to enter into memoranda of agreement establishing detailed procedures for the coordination of responsibilities and activities under this act. I expect that these memoranda of agreement can be accomplished by January 1. 1990, or as soon thereafter as is possible. I understand that many Coloradans are concerned about the effect S.S. 181 will have on other aspects of the state's water quality programs. For instance, there is concern about the interpretation of subsection 25-8-202 (8) (a), which establishes strict criteria for the adoption of water quality rules which are more stringent than "corresponding enforceable federal requirements.' I am signing this bill with the understanding that this section will not apply in cases where no such "corresponding enforceable federal requirements" exist, and that in such cases the state will continue to establish rules under the existing process governed by the Administrative Procedures Act. »-. Colorado State Senate June 9, 1989 Page Two Similarly, many are concerned about the interpretation of subsection 25-8-204 (7), which provides for the Commission to investigate the source of pollutants in a case in which a municipal wastewater treatment facility cannot meet its discharge permit limits for • certain toxic pollutants even after it has fully implemented federal pretreatment program requirements. I am signing 5.8. 181 with the understanding that the intent of this investigative process is to identify problems which may be impractical to solve solely at the local level . However, I understand that this subsection will not restrict the state's legal ability to enforce any of the requirements contained in a municipal discharger's permit. I remain committed to an effective water quality program in Colorado, and my administration will implement S.B. 181 in a manner consistent with that commitment. I will work with the Legislature as well as the environmental community, municipalities and industry to correct any inadequacies in the state's program which may become evident in the implementation of S.B. 181. Sincerely Roy er Gove or RR:wbb W.1.1. 111 l'0' ) 1'f-1 IC ..: , -... .. .. ..;... ..., - ... . . ..... . .... , ..,... CMUbm . I 1 I 'It/I:: '..i I V°_iw 1 ,yI:a,,. -- (213) 658-4738 PPU `o l_' 1 :1 O .vib . HUUD 1-'U IICIU 1191 .LtjNe-: , J.HU& L,AY WHI ( 11-1..: .1._.I.i-' 1.1 .N.l.A IS I,I,YL li-1 f'I(6 ! 1:.....? LUUNiY !JUNE) N ...1. ,S1 't ,. 4'Y— 1 r . , , r ,:hi .JP`j : �-1!.:1^. 1 11 IC:.i ,. .bl:_ Lh'! ! IIIV ,n, .11 . 1...1:;_ _ h,:...i..A . !I ,. u< .lt1p1 IV 1 14 :1 . N.S , I . 'i 1.l. NU, ... P.UND 1'. r , r)t)) e,,,0 A,'.: 1::. 1 ,f UN ' 'lc.-.. cA,!\1L U I.L.H v), I 1:1'i I ( NIECE.., 1 .,. E.J I I. .. f . e -IfdL UNI.' , 1 Vit: , . { 1- i I ill, .)(-:'; 1 .1!- / I,1,'..1kt; "` 17J . II`.: .1.N II ^NLi I , u1V ( ,- ; HL YALIL, 'd '.LON 1: 11.1 :.h! uUIV, II-II ,'..: .:_ : ' tE•: .__ .....:HP.V;,..,..r. ! - lJ ' ANY Iid j,.Y ALL !.:ll 1 . . 411 I7J r.l::. !I, .I,'..I'1I:.N l r-: !::.KY . I._L. -( YL71.1;.•, , I-1..1p1_I A:... ' .`-14ii;Ni. I- L ....- 1:A''( NORMA RAYGOZA v aA Form 15.10.0n9(En 4.54 '-" Denver: Colorado 06/08/89 Mountain Bell A US WEST COMPANY NOTICE of CLAIM County Commissioner of WELL COUNTY P.O. BOX 758 GREELEY? CO 80632 RE: Our Damage Claim : 1098169 This Notice is tendered pursuant to the 'Colorado Governmental Immunity Act, ' C.F.S. 1973, 24-10-109. Thank you in advance for your prompt attention and concern . 1 . NAME AND ADDRESS OF CLAIMANT. The name and address of the claimant is Mountain States Telephone and Telegraph Company? Area Claims Office, 1999 Broadway, Room 1.510? Denver? Colorado 80202. 2. STATEMENT OF BASIS OF CLAIM . On or about 05/27/89? in the vicinity of 6212 W CR 51 , in the City of HUDSON? and the State of Colorado : one or more of your employees or agents acting within the scope of their emr'loyment damaged a 2 PAIR SERVICE LINE owned by the claimant . Your employees or agents caused said damage during ditch excavation? a cable locate was not requested. 3. STATEMENT OF NATURE AND EXTENT OF INJURY. As 3 result of the above described damage, the claimant has sustained financial damage as a result of having to employ its men and machinery to repair the damage. 4. AMOUNT OF DAMAGE. The amount of monetary damage is $79.62. Should you have any auestions or disagree with our assessment of damages? Please contact the undersigned. r) �Q Lave R. Johnson U S West Communications Arca Ia `9j Claims 1 1999 Broadway, Room 1510 � Denver? Colorado 80202 l , / ,, ' �j,,,. Phone 1-800-333-RISN(7475) 303-6-'3-6886 'I G; • - • • June 12, 1989 Senator Sob Schaffer 3273 Gunnison Drive Fort Collins, Colorado 30526 Dear Senator Shaffer: To keep you informed of highway construction in your area that may be of interest to you, your constituents. or other persons that may contact you, I am pleased to report that on May 4, 1989. the Division of Highways received six bids at the bid opening for a widening and bridge replacement project on S.N. 14 in Weld County. Sterling Paving Company of Fort Collins submitted an apparently successful bid of $1 ,938.837. This construction project identified as FR 014-2(17), East of Larimer Co. Rd. 5 - East, is located on S.N. 14 beginning about eight miles east of Fort Collins and extending 3.7 miles east. The project consists of bridge replace- ment and roadway reconstruction which includes grading, aggregate base course. hot bituminous pavement, plant mixed seal coat, concrete box culverts. signing striping, topsoil , seeding and mulching. The time required for completion of this project is 140 working days following the "Notice to Proceed." Since climatic conditions may preclude construction at times, the Contractor may not complete this project until early next summer. The construction engineering for this project will be coordinated by our Resident Engineer, Owen Leonard, located in Loveland. If you should have any questions or inquiries relative to this project during construction, please feel free to call Mr. Leonard at 667-4650: Lewis Garton, District Construction Engineer; or me at 353-1232 in Greeley. - Sincerely, Douglas Rames District Engineer cc: George W. Hall/State Highway Commissioner --sill Kirby/Weld County Commissioners R. L. Clevenger/Chief Engineer This same letter was also sent to: Rep. David T. Owen Senator Wayne Allard 2722 Buena Vista Dr. 1203 Jennifer Drive �� Greeley 80634 Loveland 80537 HEARING CERTIFICATION DOCKET NO. 89-29 RE: AMENDMENTS TO CABLE TELEVISION FRANCHISE - JAMES CABLE PARTNERS, L.P. A public hearing was conducted on June 12, 1989, at 9:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Erantner Commissioner George Kennedy Commissioner Cordon E. Lacy Also present: Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, Bruce T. Barker The following business was transacted: I hereby certify that pursuant to a notice dated May 31, 1989, and duly published June 1 , 1989, in The New News, a public hearing was conducted to consider amendments to the cable television franchise granted to Chartwell Cable of Colorado, Inc. , on December 19, 1988. The amendment to this franchise is for transfer and assignment from Chartwell Cable of Colorado, Inc. , to James Cable Partners, L.P. Bruce Barker, Assistant County Attorney, made this matter of record. Mr. Barker said this franchise serves the River Valley Village Mobile Home Park, Casa Grande Estates, and Enchanted Hills Subdivision. Be said the new company will be named Platte River Cable, and it will be a subsidiary of James Cable Partners, L.P. Bob Briney, of Chartwell Cable, and Doug Catiano, of Platte River Cable, came forward to answer questions of the Board. Mr. Barker said he reviewed the application, and it appears to be complete. He said that James Cable Partners, L.P. , is requesting a waiver of the local production equipment requirement which is found in Ordinance 94, Section C. of "Company Services." Mr. Barker recommended that the Board approve the assignment and transfer of this franchise and grant the waiver, but that it require that James Cable Partners, L.P. , comply with the local production equipment requirement when the subscriptions total 500 homes. Commissioner Lacy moved to approve the recommendation as stated by Mr. Barker. Seconded by Commissioner Johnson, the motion carried unanimously. This Certification was approved on the 19th day of June, 1989. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: """' mil WELD COUNTY, COLORADO Weld County Clerk and Recorder itel% and Clerk to the Bo d` C.W. Kirby, Chat an 1 8y: r.` - eputy County Cl rk \s-:-I .. (1e ne oh son, Pro-Tem ,ene R. Brantne George Kenned TAPE #89-24 DOCKET #89-29 ORD 94 cord ac 890501 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 19, 1989 TAPE #89-24 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, June 19, 1989, 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 C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene R. Brantner Commissioner George Kennedy Commissioner Cordon F. Lacy - Arrived later Also present: Weld County Attorney, Thomas 0. David Acting Clerk to the Board, Tommie Antuna MINUTES: Commissioner Kennedy moved to approve the minutes of the Board of County Commissioners meeting of June 12, 1989, as printed. Commissioner Johnson seconded the motion, and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Kennedy moved to approve the Certification for the hearing conducted on June 12, 1989: Amendments to cable television franchise, Chartwell Cable of Colorado. Commissioner Brantner seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to today's agenda. CONSENT AGENDA: Commissioner Kennedy moved to approve the consent agenda as printed. Commissioner Johnson seconded the motion, and it carried unanimously. Let the record reflect that Commissioner Lacy is now present. COMMISSIONER COORDINATOR REPORTS: Commissioner Johnson commented on the two pamphlets which have been prepared by the Planning Department. One of the pamphlets explains the permits needed and the procedures to be followed regarding mobile homes, and the other explains the functions of the Planning Department. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $739,290.25 Social Services 33,915.79 Handwritten warrants: General fund 25,335.92 Payroll 3,016.01 Social Services 339.72 Commissioner Johnson moved to approve the warrants as presented by Mr. Warden. Commissioner Kennedy seconded the motion which carried unanimously. BUSINESS: NEW: CONSIDER RENEWAL REQUEST FOR 3.27 BEER LICENSE FROM TEXACO OF COLORADO, INC: Lt. Kim Fliethman, representing the Sheriff's Department, said there have been no violations at this establishment during the past year. Commissioner Lacy moved to approve the renewal of the 3.22 Beer License for Texaco of Colorado, Inc. Seconded by Commissioner Kennedy, the motion carried unanimously. CONSIDER 1989 HEAD START SUPPLEMENTAL GRANT APPLICATION AND AUTHORIZE CHAIRMAN TO SIGN: Jeannie Tacker, representing the Department of Human Resources, said the Head Start Program has been awarded $838.43. These monies are to be used for certain materials and training for the Head Start children. Commissioner Johnson moved to approve said Grant Application and authorize the Chairman to sign. Commissioner Kennedy seconded the motion, and it carried unanimously. CONSIDER PURCHASE OF SERVICES AGREEMENTS BETWEEN HUMAN RESOURCES AND LARIMER COUNTY FOR WEATHERIZATION AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Tacker presented this item to the Board, saying these Agreements are the same as they have been for the past five years. Commissioner Johnson moved to approve these Purchase of Services Agreements and authorize the Chairman to sign. Commissioner Kennedy seconded the motion which carried unanimously. CONSIDER REVISION TO AREA AGENCY ON AGING FY '89 ANNUAL BUDGET AUTHORIZE CHAIRMAN TO SIGN: Ms. Tacker said this revision is to the 1989 Annual Budget. She said the original budget was based on projected allocations and this revision reflects actual costs. Commissioner Kennedy moved to approve said Revision and authorize the Chairman to sign. The motion was seconded by Commissioner Brantner, and it carried unanimously. CONSIDER MODIFICATION OF DISLOCATED WORKER PROGRAM PY 'S8 AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Tacker said this modification is being requested to purchase certain equipment for the Farm Management Classes for the displaced farmer or rancher. She said this modification reflects an increase to the number of participants served by this Program. Commissioner Brantner moved to approve said Modification and authorize the Chairman to sign. Seconded by Commissioner Kennedy, the motion carried unanimously. CONSIDER AGREEMENT FOR SALE AND PURCHASE OF RIGHT-OF-WAY WITH JOSEPHINE CLOUGH AND ROBERT M. GILPERT AND AUTHORIZE CHAIRMAN TO SIGN: It was moved by Commissioner Lacy to approve this Agreement for the Purchase of Right-of-Way for road purposes only, with said Agreement being with Josephine Clough and Robert M. Gilbert, and authorize the Chairman to sign. Commissioner Johnson seconded the motion which carried unanimously. Minutes - June 19, 1989 Page 2 CONSIDER TWO AGREEMENTS FOR SAMPLING AND ANALYSIS OF DRINKING WATER AND POLLUTANT DISCHARGE AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Johnson moved to approve these Agreements which concern the sampling and analysis of drinking water and pollutant discharge. The motion, which was seconded by Commissioner Kennedy, carried unanimously. CONSIDER CANCELLATION AND RELEASE OF LETTER OF CREDIT IN AMOUNT OF $17,000 - SEKICH: Commissioner Johnson said that the work has been completed concerning the Improvements Agreement at the Sekich Business Park, and she moved to approve the cancellation and release of the Letter of Credit. Commissioner Kennedy seconded the motion, and it carried unanimously. CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES WITH CHARLES B. JONES, DBA JONES-WININGER PROFESSIONAL SURVEYORS, INC., AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden explained that this Agreement with Charles Jones has deleted certain legislative requirements which are no longer necessary. Commissioner Johnson moved to approve said Agreement with Charles Jones for surveyor services. The motion was seconded by Commissioner Lacy, and it carried unanimously. CONSIDER RESOLUTIONS RE: TEMPORARY CLOSURE OF WCR 16 BETWEEN WCR 73 AND 77; AND WCR 36 BETWEEN WCR 3 AND 5: Commissioner Lacy moved to approve these Resolutions concerning the temporary closure of the above named roads. Seconded by Commissioner Kennedy, the motion carried unanimously. PLANNING: CONSIDER RESOLUTION RE: BUILDING CODE AND ZONING VIOLATIONS - REYNOLDS; TULL CATTLE COMPANY; THOMAS; AND ARCHER: Commissioner Lacy moved to approve this Resolution authorizing the County Attorney to proceed with legal action against Derral Reynolds; Tull Cattle Company; Jesse L. and Trudence K. Thomas; and Lee C. and Judith C. Archer, for violations of the Weld County Zoning and Building Code Ordinance. Commissioner Kennedy seconded the motion, and it 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 9:15 A.N,. ,Qunn APPROVED: ATTEST; `79171 { aye) BOARD OF COUNTY COMMISSIONERS U WELD COUNTY,., ALE; Weld County Clerk and Recorder (�// ��f�LE; and Clerk to the Boar C.W. Kirby, Chai an i Deputy County C1 r ac 1 eJoh s n, Pro-Tem Gene R. Brantner GeorggeK E d Cord Un Minutes - June 19, 1989 Page 3 RECORD OF PROCEEDINGS AGENDA Wednesday, June 21 , 1989 Tape 1189-24 & 89-25 ROLL CALL: C.W. Kirby, Chairman Jacqueline Johnson, Pro—Tem Gene R. Brantner George Kennedy Gordon E. Lacy MINUTES: Approval of minutes of June 19, 1989 ADDITIONS TO AGENDA: None APPROVAL OF CONSENT AGENDA: PROCLAMATION: 1) Proclaim June 22 through July 4, 1989, as Greeley Independence Stampede Days DEPARTMENT HEADS AND ELECTED OFFICIALS: 1) Al Dominguez, District Attorney COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BIDS: 1) Present carpet replacement - Health Dept. 2) Present construction of Weld County Bridge 58/47B - Road and Bridge Dept. 3) Present mobile shelving file system - Health Dept. 4) Approve shot rock - Road and Bridge Dept. BUSINESS: NEW: 1) Consider Petition for Tax Abatement from Norris Branch 2) Consider request for Pest Inspector to enter upon certain lands 3) Consider Oil Division Order from Total Petroleum, Inc. , on NEi S28, T5N, R66W, and authorize Chairman to sign 4) Consider Quit Claim Mineral Deed with S.L.W. Ranch Company on Si , T5N, R64W, and authorize Chairman to sign PLANNING: 1) Consider RE 1/1174 - Armstrong 2) Consider Probable Cause - Phillips Petroleum Company/Jack W. Zimbelman 3) Consider RE #1171 - Stell and Wilson 4) Consider Probable Cause - Baessler 5) Consider Resolution re: Building Code Violations - Bashor CONSENT AGENDA APPOINTMENTS: Jun 21 - Work Session 11:00 AM Jun 22 - Human Resources Council 8:30 AM Jun 22 - Road Tour 9:00 AM Jun 22 - Utilities Coordinating Advisory Committee 10:00 AM Jun 22 - Board of Adjustment 3:30 PM Jun 23 - Extension Board 11 :00 AM Jun 26 - Work Session 10:00 AM Jun 26 - NCMC Board of Trustees 12:00 NOON Jun 26 - Private Industry Council 3:00 PM Jun 27 - Public Health Board 9:00 AM Jun 27 - Housing Authority 11 :30 AM Jun 27 - E-911 Telephone Authority Board 12:00 NOON Jun 28 - EDAP 7:00 AM Jun 30 - Centennial Developmental Services 8:00 AM Jul 3 — HOLIDAY Jul 4 — HOLIDAY Jul 6 - Planning Commission Meeting 1:30 PM HEARINGS: Jun 21 - Special Review Permit, Home business (beauty salon) , Myrtle Cubbison 10:00 AM Jun 21 - Special Review Permit, Heliport in the A (Agricultural) Zone District, Brett Wayne Branch 10:00 AM Jun 21 - Show Cause Hearing, Mike Cervi, dba Roggen Disposal, Inc. 10:00 AM Jun 28 - Show Cause Hearing, Howard Duckworth, dba Weld County Disposal 10:00 AM Jun 28 - Show Cause Hearing, High Country Turf, et al. 10:00 AM Jul 12 - Creation of Casa Grande/Enchanted Hills Local Improvement District 10:00 AM Jul 12 - Amendments to Weld County Zoning Ordinance 10:00 AM COMMUNICATIONS: 1) Memorandum Opinion and Order re: Doughty and Wilson vs. Weld County 2) Utilities Coordinating Advisory Committee agenda for June 22, 1989 3) State Dept. of Health re: Letters of Intent to Apply Domestic Sewage Sludge 4) Bill Hardgrave re: Assessment of properties 5) State Dept. of Local Affairs re: Applications No. 87-008, and 85-174; and Notices No. 89-SC-124, 89-SC-125, and 89-SC-123 6) Corps of Engineers re: Notice of Permits 7) Motion Under Rule and Order re: Mountain States Telephone and Telegraph Company, dba US West Communications, vs. Weld County Commissioners PLANNING STAFF 1) RE #1173 — Fischer APPROVALS: 2) ZPMH #1555 - Pavlica 3) ZPMH #1562 - Smith 4) ZPMH #1563 - Frank RESOLUTIONS: * 1) Approve Agreement for Sale and Purchase of Right-of-Way with Josephine Clough and Robert M. Gilbert * 2) Approve cancellation and release of Letter of Credit - Sekich * 3) Approve Agreement for Professional Services with Charles B. Jones, dba Jones-Wininger Professional Surveyors, Inc. * 4) Approve authorization for County Attorney to proceed with legal action — Building Code Violations * 5) Approve Petition for Tax Abatement from Morris Branch PROCLAMATION: * 1) Proclaim June 22 through July 4, 1989, as Greeley Independence Stampede Days * Signed at this meeting Wednesday, June 21, 1989 I RESOLUTION RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF RIGHT-OF-WAY WITH JOSEPHINE CLOUGH AND ROBERT. M. GILBERT 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 an Agreement for the Sale and Purchase of Right-of-Way with Josephine Clough and Robert M. Gilbert, and WHEREAS, said Agreement concerns a tract or parcel of land located in the SW} of the SWI , Section 12, Township 5 North, Range 65 West of the 6th P.U. , Weld County, Colorado, and WHEREAS , the terms and conditions are as stated in said Agreement, 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 Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Salo and Purchase of Right-of-Way with Josephine Clough and Robert M. Gilbert, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Agreement, and any other necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of June, A.D. , 1989 .‘71cl /1)* atetzt3 BOARD OF COUNTY COMMISSIONERS ATTEST: WE D COUNTY, COLORADO • Weld County Clerk and Recorder /4 "and Clerk to the Boa C.W. Kirby, Ch irman BY: ; ! :!,!?t: Ji on, Pro-Tem eputy County Cl k APPROVED AS TO FORM: ene R. Bran ner s terra ailij- C--- 1: George K nn y County Attorney t G or . LI' ^ , J 2 • 890511 M a,eela3rly AGREEMENT FOR SALE AND PURCHASE OF RIGHT-OF-WAY M J Q�TIIS AGREEMENT, made and entered into this day of • , 1989, by and between JOSEPH? . CLOUGH AND -aO R yy N. t LBERT, 1025 Ninth Avenue, Suite 209, Greeley, Colorado 8'0'631 , hereinafter referred to as "Sellers, " and WELD COUNTY, o COLORADO, a body corporate and politic of the State of Colorado, 0 3 by and through the Board of County Commissioners of Weld County, o 915 Tenth Street, Greeley, Colorado 80631 , hereinafter referred (./› m to as "Purchaser. " Q WITNESSETH: U a WHEREAS, Purchaser desires to purchase a right-of-way for nets road purposes only and as described in the attached Exhibit "A" , r, x and x ee c, WHEREAS, portions of or the entirety of the property mu described in Exhibit "A" may be owned by the Sellers, and NZ N H r.4 WHEREAS, the parties hereto have agreed to the sale and c y purchase of said right-of-way for road purposes according to the z terms as set forth herein. ,.. sa NOW, THEREFORE, in consideration of the sum of $100 .00, paid zby Purchaser to Seller, the receipt whereof is acknowledged as of ,-, z the date of the signing of this Agreement, the parties agree as c < follows: Cad 1 . That Sellers will transfer any right, title, and :4 — interest they may own in the right-of-way for road purposes, as % al described in the attached Exhibit "A" , to Purchaser by Quit Claim cM., ,Ln Deed as of the date of signing of this Agreement. r, o GC G. 2 . That Sellers will not in any way warrant said right, title, or interest. SIGNED this q1 day of 41244L, , 1989. SELLERS: f Q J EPH A LC OUGH SUBSCRIBED AND SWORN to before me this 9 day of LaC , 19 , q WITNESS my hand and official seal. �C•�Lti ,��i• - No ary Publ 6 ptyohuni._ssion expires: /e-30-qo LYzp .��.. 990511 • Page 1 of 2 Pages • .. o O kT M. GIE'ERT rn Leet/r O NO SUBSCRIBED AND SWORN to before me this ),2t day of 19 o , Y9 • a o WITNESS my hand and official seal.o /} ox � aPf O Notary Public o My commission expires: c x / . WELD COUNTY, COLORADO, a body corporate and politic of the o x ATTEST: ; / . .;, ec State of Colorado, by and �• �` through the Board of County O+ Weld County , f'rk ant�RCcorder Commissioners of Weld County and Clerk td,:;t&frVE rd • F By:� By: i// 0 Ca (Deputy County erk Chairman/� x I Q � w rn M z + z N < O N ox w x 'D o N N I A ra O CO G. Page 2 of 2 Pages 890511. EXHIBIT "A" Mo O :J O m, 0 A right-of-way for road purposes only across a tract or parcel of land in the Southwest Quarter of the Southwest Quarter of Section O 12 , Township 5 North, Range 65 West of the 6th P.M. , in Weld ow: County, Colorado, said tract or parcel being more particularly o z described as follows: oa 'n• a Beginning at a point on the east line of the o Southwest Quarter of the Southwest Quarter, Section 12, Township 5 North, Range 65 West of c+ a the 6th P.H. , from which the Southwest corner of Section 12 bears S 56°58 ' 28" W a distance o of 1, 601. 28 feet; -� x a Thence N 00°01 '44" E, along the east line of O1 CO the Southwest Quarter of the Southwest z Quarter, Section 12, a distance of 124 . 08 N H feet; F a Thence N 75°14 ' 20" W, a distance of 561. 94 a feet, to the west bank of the Platte River; NM 44 r, m Thence S 9°14 ' 20" E, along the west bank of z the Platte River, a distance of 131 .36 feet; N rt Thence S 75°14 ' 20" F, a distance of 540. 06 0 a feet, more or less, to the point of beginning. a cjjc ,_, The above described parcel contains 1 . 518 acres, more or less, of M N which 0 .759 acres are in the right-of-way of the present road. Nl1 O mc, Basis of Bearings: Assuming the south line of said Southwest Quarter as being S 89°44 ' 34" F, from the Southwest corner of Section 12 , Township 5 North, Ranee 65 West, 6th P.M. 890511 Page 3 of 2 Pages Recorded at ,____.—__o'clock_—___M., _ .___-- Reception No ___—. _ ___.____— Recorder. AR2183415 THIS DEED. Made this 12th clay of June .19 89, II between Josephine Clough and Robert M. Gilbert I o J i of the County of Weld and state of p Colorado,of the first part,and Weld County, Colorado, a body corporate and politic of the II • U II State of Colorado, by and through the Board of County Commissioners of Weld ij A County, II o ti.1 I whose legal address is 915 Tenth Street, Greeley, Colorado 80631 tiI o ox II iI • 5c�1 of the County of Weld and state of ❑ i Colorado.of the second part. I 0 WITNESSETII,That the said partiesof the firstpart,for and in consideration of the sum of 'I 1 ONE HUNDRED Ua . AND NO/HUNDREDTHS -DOLLARS, w O CC to the said parties of the first part in hand paid by the said party of the second part,the receipt whereof ,I r-1 is hereby confessed and acknowledged, ha remised, released, sold, conveyed and QUIT CLAIMED, and by these I 2 ,4 presents do remise.release,sell,convey and Qt'IT CLAIM unto the said part of the second part, its - heirs, I g i successors and assigns,forever,all the right.title,interest,claim and demand which the said partiesof the first part II til • cm ha ye in and to the following described lot or parcel of land situate,lying and being in the County ,,! H \ U of Weld and State ofColorado.to wit: See the attached Exhibit "A". I I N 2 N H ryl F p a al e.e., I m m t• co z ,-4z N < 4 U a r a I 1O N • CI N N If I'I Hi O C f+I V.VY,V\YVitXvv ^�^.� a'Mn`A+nrv/r • I TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto I'� belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the I II said parties of the first part.either in law or equity,to the only proper use,benefit and behoof of the said party of the second part, its heirs and assigns forever.IN WITNESS WHEREOF,The said partiesof the first part h ve hereunto set theixand • I /) • and seal the day and year first above written. 1�,'/�/I`' ��, (/ I i Signed,Sealed and Delivered in the Presence of J •ephl a lough _. (SEAL[ b�1iiMJ �i ISF.ALI Ro eY��:�•f:�Gilbert • • _ iSEAL) • STATE OF COLORADO. I u ;i (r AA. County of (,l.).L-1.h � II The foregoinginstrument wa:?acknowledged before me this rt' day of /.t,4-4/_C. I II 19vi.by* __SE�,�ej)\/vlrtc. C'.le"_2k I My commission expires 1 0 -3 C .19Cf t%,Witness my hand and official seal. � r a..�.i v ✓ Notary Public. i t r "I I w ~. .J II CN..71 r.tt. r • f 1 ''',OII • No.933.V1'IT t'I.AINI iirl gn.- H rndnnG Pt,Ia.bm g en..I2471,14 Stunt Street,Doing',(•oloredo 1571-50111-9/77 89051.' • STATE OF COLORADO ) COUNTY OF WELD ) ss. O o The foregoing instrument was acknowledged before me o this 12th day of June , 1989 , by Robert M. Gilbert. NO Witness my hand and official seal. G o m My Commission expires June 6 , 1991. o. o a v, m /; w ca NOTARY PUBLIC„ ', " ..1 0 rn .a co a N Z 41 0o E O (A a w ,t C cy M 0o z � z N Ft O >4 a a ral Z4 � M (n N N V) .- O CO 44 890511 N ; w j X W N O o J G a. t' r-. CC u u CI - 0 O z cc F -' 2 14 ° F W o r , U C Jr. I ¢ eri • `o o o ~ i i I w � j i a • V. I-1 F.; i , - m 'J W r w r. m EXHIBIT "A" m 0 J A right-of-way for road purposes only across a tract or parcel of M 0 land in the Southwest Quarter of the Southwest Quarter of Section u 12 , Township 5 North, Range 65 West of the 6th P.M. , in Weld n County, Colorado, said tract or parcel being more particularly o • described as follows: oZ o z Beginning at a point on the east line of the ".i Southwest Quarter of the Southwest Quarter, 2 Section 12 , Township 5 North, Range 65 West of :J the 6th P.M. , from which the Southwest corner a of Section 12 bears S 56°58 '28" W a distance o of 1 ,601 . 28 feet; 0 '" a Thence N 00°01 '44" E, along the east line of the Southwest Quarter of the Southwest co Quarter, Section 12, a distance of 124.08 NZ feet; N H 1/40 H Thence N 75°14 ' 20" w, a distance of 561.94 o a feet, to the west bank of the Platte River; Thence S 9°14 '20" E, along the west bank of w the Platte River, a distance of 131 .36 feet; co z N 4 Thence S 75°14 ' 20" E, a distance of 540.06 o feet, more or less , to the point of beginning. uz rye z The above described parcel contains 1 .518 acres, more or less, of '0 NI. which 0 .759 acres are in the right-of-way of the present road. M N to Basis of Bearings: Assuming the south line of said Southwest co w Quarter as being S 89°44 '34" E, from the Southwest corner of Section 12 , Township S North, Range 65 West, 6th P.M. 1/44./04411 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF LETTER OF CREDIT IN AMOUNT OF $17, 000 FOR SEKICH BUSINESS PARK 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 August 29 , 1988, approve a Highway Improvements Agreement with Fred M. Sekich and Nick Sekich, Jr. , concerning property described as Sekich Business , Park, Lot 1 , Block 4 , located in the SW3 , Section 23, Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, pursuant to said Agreement, a Letter of Credit with the United Bank of Creeley in the amount of t17, 000 was submitted to Weld County, and WHEREAS, Fred M. Sekich and Nick Sekich, Jr. , are requesting that the Board cancel and release said Letter of Credit, and WHEREAS, the Board deems it advisable to cancel and release the Letter of Credit for the following reasons: 1 . John A. McCarty, P.E. , of McCarty Engineering Consultants , Inc. , has certified that said improvements have been built in substantial compliance with the plans and specifications. 2. Drew Scheltinga, Weld County Engineer, and the State Designer of Highways have conducted visual inspections and recommend release of said collateral . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Letter of Credit, in the amount of $17, 000 , with the United Bank of Greeley concerning certain highway improvements for the Sekich Business: Park, be , and hereby is, canceled and released. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said Letter of Credit for cancellation and release of same. • 890512 Page 2 RF: RELEASE AND CANCEL LETTER OF CREDIT - SEKICH The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of June, A.D. , 1989 . 4 /1/)trcitidA6 BOARD OF COUNTY CON.ASISSIONEPS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.W. Kirby, Clyairman c"'- rjt ,% 8 nson, - �_gY: „ a q Ine o nson, Pro-Tem Deputy County erk AP OVFD AS TO FORM: ,E1 . R. Brantne OC;74 George Kennedy_ Attorney ��''jjam�! Pc;.." _ /.--- County Gordo S `Lac / r 890512 l United Bank of Greeley National Assoc'•ation 1025 Ninth Avenue P.O.Box 1058 Greeley.Colorado 80632 Telephone:(303)356.1000 $4 United Bank ;..;. .VnCAELF. 3_'ANi=BY ..'TTr '.1F ...-,EDIrT , _.ETnr'. , OF cr,:'.)IT NUMBER: 122 \\ • c _.`.r:rla..-... �.Jv DA fl. i�V .�uta.�l.... .�'., A ',E iuEFICIARY: ' . County 20 ,..0 ,t C rt e sion CS / rent i cruet.. J ) Y sir'. o i. ' 1_l 1. D r i \ r • ,nt ..)11,;C5 i AND Y2'07 ACC: ,CN .. . F r� . M. 'JeL1c' ar:a 2re'±arid M. c'ekich. N1.cic 2•mki,e4, '1]:. . Rarer: S . 3ek_c n. Jrnna L. _ :kid, 1% We .hereay ..isle ciur 11revoc .YYb1.:4 tanr1b'j Letter or Cre:::it :umber _:. J;) whicn ..5 t.J,ali_tbie by 1\1yI17F"nts s{ainst beneficiary' s draft iit sight. awn oh ir.j _ed '.+):.r ill it Gr _ /ey Nation i A' lat.i.n. t This credit is ...:J`_ a aggreg Nt''J amount not to et''Ped a tJt:1s of Seventeen Thousand and CO/1 titha . :C a iarz ; .;17 , 000. 00 U.S- . j Dollars ) . 'r.;_:r, draft ;.Urilil Ltrd "1'ic i.,.s .:ir <7.^,,panxe i by r:":_ r tol lowin;, '.�GC117t",T ta— Jam. . This Leith'" O:' t:edi. ' 2 . A b.'1 _ .cr: 2r \tt :r . "' :cb.y ne' by ai . c.,1 _h. `_1zc�_. .. Wei . .,*1_'r 17spar . . .:o:^iP.t ' .- 1.;T1e?5 :,satin; that 3, ktc:. ;:1...:Ll.__ s r +t : 1 _Yr ?_ y_;;. V. can': Ni.:i: ehicn. J.:- have ai:_ed to meet r.,ii N1%.1*2. :1d oc.nditions of - he , �;wa✓ _ c:r' .eme•nts A� ( merit e`.t7./._)\: :r'ee wch _'%.i '.fi sz ctrl.: r�'1cr''ick M. .1- 1_CI`- 3eki C11. .ill- . ?n: \".dlk er'rct ?. -OP_Sty r': r- niz51'in'tr3 Ct We “d County, _ena J, ;._ C.c.unr.y et Weld. State . , _._. _ . i1U1',• ..9'r.(' :. , mAv ... _11'. _ .- _ . not 1::nited 7,7.!:J:1. ta1.t1.t/ to provide •Ia commitment for a subsequent.71 .tt e i Y F 7 t T i 'ty l '0 ) •'t q( r i o t t.o the 1_pi on t this 1. ttor o. Credit An `1mDun . equal : rr the/c':rzent Yalu Yalue of the Letter pis_ any In..ea:_ in the C.,n drier Prlue index over the precedinl' twelve , 12 ) rncrltha . 9 i . ;r:, .- .,/:,./2.,..',✓ -;'. L% 89C,512 f Drawn 1i1 '.c2.. ... .. . . J .1,... or i;r.n.:, -., e'r Hia:lkib _ J� 1 ...(1._ i v :c 1.:.cc:. .. .+ si. .. ._ 7r-ac!- L-2.-2 890512 •4'/' MEMORAnDU Wi`lie To Lee Morrison, Asst. County Attorney May 10, 1989 _ Date Drew Scheltinga, County Engineer COLORADO from_ Sekich Business Park Highway Improvement Agreement Subjec r. I have reviewed the materials attached to Kenneth Lynn's letter of April 27, 1989. requesting release of collateral for the Highway Improvements Agreement dated August 29, 1988. That documentation appears to be in order. I contacted the Colorado Department of Highways to determine if they were willing to accept the work that had been done on State Highway 66. Attached is a copy of the "Access Permit Inspectors Form" that documents acceptance of the work performed on the state highway. Also, Don Carroll of the Weld County Engineering Department, made a visual inspection and found the work to be acceptable. Therefore, I recommend the collateral for this project be released. DLS/mw:mlm Attachment xc: Commissioner Lacy Subdivision File - Sekich Business Park IVI CONSUL ANTS!IINCRI" December 1 . 19PS SEB0 Partnership 14010 Meld Street Longmont , CO. 80501 Dec,r Fred : PE: Gubstantial Compliance for Release of Collateral At your request , am prepay-Ina this letter : n accordance with the requirements of Weld County for Release of Collateral . As required by Section 6 of your acreement with the Weld County . .;arc! of County Cmm1Ssioner . I can verify the following: 1 The enaineer or has representatives have made reau] ar onsite inspections durina the course of construction and the construction plans utilized. are the same as those anprcved by the State of Colorado : Test results_- are enclosed for all phases of this pro 1e t 3 . ,As tuilt " plans are enclosed and the prolectt has been built in substantial compliance with the plans and specifications . It you have any questions regardin • the role of this firm in the above nr- iect please contact me . Sincerely yours : McCarty Enalneerina Consultants . inc . r 0 A . McCarty . P. cc: File 1 _+15 . - 703 THIRD AVENUE• LONGMONT.CO.772-7756/440-4373 590512 r\q—cr r ,nr Tic ,:STATE OF COLORADO • DIVISION OF MIGMWAY(1111 MM? 0 b 1Jc7 e j i �,.w P.O. Box 850 r 11iitt eta q Greeley.Colorado 80832-0850 (QM '^tali DN?SZ ( c��,c S. (303)353-1232 „'leaser a e. a ACCESS PERMIT INSPECTOR'S FORM THIS FORM IS TO BE RETURNED TO THE DISTRICT OFFICE WHEN THE ACCESS HAS BEEN COMPLETED ACCORDING TO THE ACCESS PERMIT OR THE PERMIT HAS EXPIRED. Permittee: ji,/c-J, rourrry State Highway 42 ; 8145 16;11 S-1-, Patrol Number /en .Yt.r icy . (Avc, F0(031 Mile Post -3, Er) Len- Permit No. 4 ' Z Issue Date 9/i4,18z3 I have inspected the installation of the access and I find the permitted access has been completed in acccrdance with the terms and conditions as stated on the State Highway Access Permit. Date of Final Inspection Jr— j- g -7 Sr. Highway Maintenance Worker & 4 Y r'Se- - Sr�H' hwa�y�Maintenance Supervisor cc: Sr. Highway Maintenance Supervisor Sr. Highway Maintenance Worker Dean Yost - District Office Rev. 8-1-88 • 890512 1 r LIND, LAWRENCE & OTTENHOTF ATTORNEYS AT LAW THE LAW!WILDING t IC,It ELEVENTH AVENUE r O-ROX i:6 (ALELEY..(nOPAR)RH1: GEORGE iI.OTTL]!IOII TELEPHONE AI:\SETA F.LIND IW))15)111) KIM.R.;AWRENCE: On 1564160 April 27, 1989 TRECOPIER 1501)156.1111 Lee Morrison Assistant County Attorney 915 Tenth Street Greeley, CO 80631 Re: Fred and Nick Sekich and Sekich Business Park Dear Lee: On August 29 , 1988 the Board of County Commissioners (by resolution ) approved a Highway Improvements Agreement dated August 29 , 1988 between the Board of County Commissioners and Fred and Nick Sekich. This specific Improvements Agreement concerned work to take place at the intersection of Highway 66 and Mead Street. All such work was completed during November of 1988 and the purpose of this letter is to request a release of the Letter of Credit in accordance with Paragraph 6 . 0 of the Improvements Agreement. Specifically , attached to this letter is an original letter from McCarty Engineering Consultants , Inc . and signed by a registered professional engineer indicating that the improvements have been completed in substantial compliance with approved plans and specifications. Mr. McCarty's letter specifically covers the requirements of 6 . 0 , 6 . 2 and 6 . 3 . Based upon this letter we would request that the Board cancel and release the collateral. If you have any questions, please contact the undersigned. Very truly yours, LIND, LAWR NC &]OTTENHOFF Kennet . ind KFL/cg pc: Fred Sekich 833512 Empire Laboratories, Inc. CORPORATEOFFICE PO Sea 503•(3031.60.359 GEOTECNNICAL ENGINEERING&MATERIALS TESTING 3G1 NC Now..•Fort COMCWfu.d080022 September 29, 1988 Sekitch Business Park 14010 Mead Street Longmont, CO 80501 Re: Hwy 66 & 1-25, Deceleration Lane ELI Project #1431-L Gentlemen: Please find enclosed field density test results obtained from fill material being placed at the above-referenced project. The field density test results, obtained with a Troxler Nuclear Moisture Density Gauge in accordance with ASTM proce- dures are included on page two. The moisture density relationship data, prepared in the laboratory in accordance with ASTM D 698-78 Method "C" is included on page three. Very truly yours, EMPIRE LABORATORIES, INC. Yaoe Edward J. Peas. P.E. Longmont Branch Manager Colorado Registration #15776 /pjk r, 'P. Onr1911 Officesr I P.O.Boa 16669 PO.Boa 1135 Mika 1744 PO.Boa 5659 Colorado Saint CO80035 Lonomont,CO 80502 Gmille7.OO60632 Cheyenne,WY 62003 \ ` IJ (3031 59741 1 6 (303)7763921 13031351.0460 Q _{1111 24224 ^ 1. n Mamoer of Calling Encases Courted 51 ci § .-14 O# « - . @ § !f | § ° -• m CSto 5 ` - - c ) - E1-1 • ; % • -J $ cn CI) ) ` $4. "- Z au to g & !� ct.i Oa W — Q = - \ \ } /) •] ~ J ! 01 C•1 — - - ! k ® ! oa gb CO E § ) In - g I u IR \ § \ \ !± s 2 § rg k a . ›, E-, z • § 9 1 §▪ a \ d § $ w U ! So X X § ) o vi < g « 2 mg2 �4 � 2CC � ! f% ?) 4 ! g gig w ! | |) {f «\§ \\ \j § ! !a ,® a - � i2 �|! ! J— �0 Q0 . Ek }0IJ/ a - - . ; ■ m \ — ® � C a 4 k 0z 0, . g . . . . , Eg § — CM ©'® MR ■ 00 , - b§0512 MOISTURE DENSITY CURVE LOCATION OF SAMPLE:_ Imported Fill - a nsite Class 6 Base Course TEST PROCEDURE:_11STM D 698-78 "C" MAXIMUM DRY DENSITY: 133.1 P F OPTIMUM MOISTURE: R..Dt 134 133 8 132 -r 131 130 0 )- et 129 , 128 127 4 - 6 8 10 PER CENT MOISTURE 890512 EMPIRE LABORATORIES, INC. 7 --_F— IN i Ii I I I 1 �F Ili I ,) _-a— u IT III ; o 6 I II ` L I 1111 _ f,, z - ¢ 1 I Ill h g _ 11, III ,, D e L meA0 ST Hi kz = � -- +( — I] i\ . o it I N , A roD I I� i N m D I ir ? + • r �n cd N _ T- 0 N II N 11 c; y z co x A .- 89 512 RESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES WITH CHARLES B. JONES, DBA JONES-WININGER PROFESSIONAL SURVEYORS, INC. , 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 an Agreement for Professional Services with Charles B. Jones, dba Jones-Wininger Professional Surveyors, Inc. , and WHEREAS, the terms and conditions of said Agreement are as stated in the Agreement, 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 Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Professional Services with Charles B. Jones, dba Jones-Wininger Professional Surveyors , Inc. , 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 19th day of June, A.D. , 1959 . ‘7,1P BOARD OF COUNTY COMMISSIONERS ATTEST: / / / WELD COUNTY, COLORADO Weld County Jerk and Recorder - and Clerk to the Boar ' C.F7. Kirby, C airman J l t0Pr0Tem -putt' County Cl ��JJJ ,� APPR TED S TO FORM: Gene P. Prantner c-7ekelt0 George Kekned County Attorney Gorddit976 .,ac 7 890510 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 19th day of June , 1989, by and between THE COUNTY OF WELD, STATE OF COLORADO, by and through its Roard of County Commissioners, hereinafter called the "County, " and CHARLES B. JONES, d/b/a JONES-WININGER PROFESSIONAL SURVEYORS, INC. , 713 4th Street, Greeley, Colorado 80631 , hereinafter called the "Surveyor. " WITNESSETH: WHEREAS, Weld County, Colorado, reoui_res certain surveying work to be performed on its behalf, and WHEREAS, it is necessary and appropriate that Weld County obtain the services of a licensed surveyor in order that the functions of the county surveyor be properly performed, and WHEREAS, the Board of County Commissioners has reviewed and accepted the proposal of Charles B. Jones, d/b/a Jones-Wininger Professional Surveyors, Inc. , to perform those services. That the Surveyor, for and in consideration of the covenants, conditions, agreements, and stipulations of the County, hereinafter expressed, does hereby agree to furnish to the County, services and materials , as follows, and/or as described on exhibits attached hereto and incorporated herein. 1 . The services performed by the Surveyor shall include such services as may from time to time be requested in writing by the County Engineer or by the Director of Finance and Administration, which services shall be similar to those services surveyor may perform for private clients such as preparing improvements location certificates, establishing lot lines, or preparing plats for County land use proceedings. 2. The Surveyor shall , at all times, maintain his professional land surveyor registration (L.S. *22098) in good standing and any registration fees or training required to maintain such licensure shall be at Surveyor 's own expense. 3 . That Surveyor shall be appointed to the position of County Surveyor and the Board of County Commissioners agrees to take appropriate legislative action to designate him as such pursuant to state statute and the Weld County Home Rule Charter. However, the scope of the designation of authority shall not be inconsistent with the scope of Surveyor's duties as set forth in this Agreement and Surveyor shall have no powers in excess of those expressed herein or implied as necessary to carry out his duties under this Agreement. Page 1 of 3 Pages 890510 4 . That the Surveyor shall appoint one surveyor licensed to practice surveying in the State or Colorado to function as his Deputy County Surveyor and to carry out the duties of the office in accordance with this Agreement in his absence or in the event of unavailability due to conflict. Initially, that person shall be Xevin R. King, c'/b/a King and Associates, 1200 Carousel Drive, Suite 103, Windsor, Colorado 80550, but that designation may be changed by Surveyor at his discretion provided written notice is given to the County five (5) days prior to change of designation. All work performed by the Deputy shall be entitled to compensation at the same rate as specified herein. 5 . Any survey work pursuant to this Agreement shall be done only at the direction of the Board of County Commissioners or its designee and shall be according to a rate schedule to be set annually by mutual agreement of the parties. 6 . That while Surveyor or his Deputy are acting within the scope of their duties under this Agreement, they are to be considered officers of Weld County and as such, are entitled to insurance or self-insurance coverage for their errors or omissions or general liability to the same extent allowed by Section 24-10-101, et seq. , and to the same extent such coverage is available for any other officer of weld County. The parties agree that there is no intent to waive any immunities Surveyor may have either in his professional capacity of as an officer of Weld County by entering into this Agreement. 7 . The Director of Finance and Administration shall be the liaison with the County Surveyor with regard to amendments to this Agreement or payments hereunder. 8 . The initial term of this Agreement shall be from July 1, 1989, through and including December 31 , 1990 . This Agreement shall be renewable to run from January 1 through December 31 of each year thereafter unless thirty (30) days prior to the end of the year the parties serve written notice of intent not to renew. 9. Except as set forth, the provisions pertaining to the Deputy surveyor, this Agreement may neither be assigned nor delegated by either party without the prior written approval of the other party. 10 . Miscellaneous. A. All notices or payments made or given hereunder shall be in writing and shall be delivered in person or sent Certified or Registered Mail, return receipt requested, with postage prepaid, to the parties at the following addresses, or to such other further addresses as the parties may hereafter designate by like notice similarly 590510Page 2 of 3 Pages sent or delivered: Weld County Board of County Commissioners 915 Tenth Street, Greeley, Colorado 80631 , with a copy to Weld County Attorney, 915 Tenth Street, P. O. Box 1948, Greeley, Colorado 80632. Charles B. Jones, Jones-Wininger Professional Surveyors, Inc. , 713 4th Street, Greeley, Colorado 80631 . B. Governing Law. This Agreement shall be construed in accordance with, and shall be governed by, the laws of the State of Colorado. C. Partial Invalidity. If any provision of this Agreement are declared by any Court of competent jurisdiction to be invalid for any reason, such invalidity shall not affect the remaining portions. On the contrary, such remaining portions shall be construed and enforced as if such invalid provision were deleted. IN WITNESS WHEREOF, the parties have set their hands and official seals on the date indicated. n �J THE COUNTY OF WELD, STATE OF ATTEST: Q.0 �'� e J COLORADO, by and through its Board of County Commissioners and County Clerk and Recorder 4/6/ 4- , and Clerk to the Board By: � ;r.�L/s/ Chairm- n By: Deputy County lerk COUNTY SURVEYOR By Charles P Joonyees BSCRIRED AND SWORN to before me this w=' day of , 1989 . WITNESS my hand and official al. 6270 ry J otary Pub is 7�Z CX Q� My commission expires: X/�/,1 34 Page 3 of 3 Pages 890610 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CERTAIN PARTIES FOR VIOLATIONS OF THE WELD COUNTY BUILDING CODE 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, the Weld County Department of Planning Services has referred certain violations of the Weld County Building Code Ordinance to the County Attorney's Office, and WHEREAS, those persons in violation of the Weld County Building Code Ordinance are Duane, Millard, and Warren Bashor, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violations have not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against those individuals as hereinabove named to correct said violations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against Duane, Millard, and Warren Bashor to remedy the violations of the Weld County Building Code Ordinance, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. F z 890505 Page 2 BE: BUILDING CODE VIOLATIONS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of June , A .D. , 1989. /1/074.4,4-4' � J BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTy,.COLORADO Weld County Clerk and Recorder and Clerk to the Boa •d C—Tekey, airman 0 , a 'ne J h son, Pro-Tem eputy County C erk APPR VED AS TO FORM: ,ene P. Brant er George5y :ounty Attorney car o a C*A." :/ 890505 AS It.(i,‘, MEMORAt1DUM WilkTo Board of County Commissioners Date June 14, 1989 COLORADO From Department of Planning Services Supieot: Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioner& authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Building Code Ordinance. Building Code Ordinance Violations: BCV-1128 Duane, Millard and Warren Bashor 32235 Weld County Road 68 Gill, CO 80624 The Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. 890505 I I le•DPT FORM PRESCRIBED BY THE PROPERTY TAX ADMINISTRATOR FORM 920 Ifee.I/e. PETITION FOR ABATEMENT OR REFUND OF TAXES—HOECKEL Co.. o,wrnw aeaoe Petitioners: Use this side only. GREELEY , Colorado, JUNE...2 19.$9.... City or Town To The Honorable Board of County Commissioners of WELD County Gentlemen: The petition of MORRIS BRANCH whose mailing address is:..12.79.Q...E_.4.8...Av..._. DENVER, CO. 80239 City or Town state Zip Code SCHEDULE NUMBER DESCRIPTION OF PROPERTY AS LISTED ON TAX ROLL 1309-27-1-08-004 LOT 1 BLOCK 12 ARISTOCRAT RANCHETTES, respectfully requests that the taxes assessed against the above property for the years A. D. 19..87 19 .8.8.., 19 are erroneous or illegal for the following reasons, viz: (Explain completely why the assessment is erroneous or illegal) VALUE OF PROPERTY TOO HIGH IN 1987 and 1988 BECAUSE IT HAS NO WATER TAP AVAILABLE, NO WELL,NO SEPTIC AND SALE POSSIBILITY IS VERY LIMITED. 19.3.7.. 19..8$. 19 Value Tax Value Tax Value Tax Orig, 3280 $243. 50 3280 $262 .34 Abate. ...2020 $14.9...9.6 2020. $16.1...56 Bal, 1260 $ 93 . 54 1260 $100 .78 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 $...311._52 I declare, under penalty of perjury in the second degree that this petition, together with any accompanying exhibits or statements, has been examined by me and to the best of my knowledge, information and belief is true, correct and complete. a211 1 title By Agent Address../9 2 9° 1 1/ /✓�-c v- CO 4%p 2 1 9 i 890528 RESOLUTION OF COUNTY COMMISSIONERS WHEREAS, The County Commissioners of Weld County County, State of Colorado, at a duly and lawfully called regular meeting held on the 21st day of June , A.D. 19--.89 ,at which meeting there were present the following members: Chairman C.W. Kirby,..and Commissioners Gene R. Brantne)i,.,Jacqueline. _..._ Johnson,__George Kennedy, and..Gordon E. Lacy notice of such meeting and an opportunity to be present having been given to the taxpayer and the Assessor of said County and said Assessor...Richard.Reirnes,...pres.ent, and taxpayer neither present nor represented IN' RAM A, and (name) (name) WHEREAS, The said County Commissioners have carefully considered the within applica- tion, and are fully advised in relation thereto, NOW BE IT RESOLVED, That the Board concurs with the recommendation of (concurs or does not Concur) the assessor and the petition be approved_.. and an abatement/refund be allowed (approved or dented) (be allowed or not be allowed) on an assessed valuation of$....2,020.00........for $ 311.5'2 �tot�altax for the year(s) 19.$7....x. 1988. c..an a �' Chairman of Boar of County Commissioners. STATE OF COLORADO, ss. County of Weld 1. 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 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 21st .day of June A. D. 1989 00HA `{ ' County Clerk. . C—RYThi--- Deputy. ACTION OF THE PROPERTY TAX ADMINISTRATOR Denver, Colorado, 19 The action of the Board of County Commissioners, relative to the within petition, is hereby O approved; ;IT approved in part $ ❑ denied for the following reason(s) ATTEST: Secretary. Property Tax Administrator. 899528 vii T, 'G q7 K' C.) /1 {r L YOi 9 ` , W xx E o F., y .d hh N p^s aYi B H A V Y.... 1y�, 0 O rw0i , U y 0'C 4 O V . e Y d ¢ yy n} _TW u Y in Gq C C� w iY t% m � yy� ap $ � o U� d i J Z Y E a Cj o p c ��-o • o a `+ )d o -. R O 3 u E is _ V u.. < �.A O m o .p Cc..ro.tl °i m A a •• v _5 0a °_ � v... F., ... o z .c � �i f° o d ,-.7.—_ yE co1 c o" co O z d) a0. 'E 3. ` ,y I 'r- I y ¢, O.N v e t ; .T+ ? '�v ( `° 8 O. QyLy \ [�i d ¢ N Qom„ O d u I v V t. 'O 0.' •� \ T x C G E O-O C) a. to anO❑ti \` is ca ! t-• c `o re a< MARY ANN FEUERSTEIN ‘CI WELD COUNTY CLERK AND RECORDER i P.O. BOX 758 GREELEY,COLORADO 80832 (303)358.4000 EXT.4225 COLORADO June 5, 1989 A Morris Branch 12790 East 48th Avenue Denver, Colorado 80239 rear Mr. Branch: This is to advise you that the Weld County Board of County Caamissioners will hear your petition for tax abatement or refund on the property described as: Lot 1, Block 12, Aristocrat Ranchettes. This meeting is scheduled for Wednesday, June 21, 1989, at 9:00 A.M. at which time you may be heard. The meeting will be held in the Chambers of the Board, Weld County Centennial Center, First Floor, 915 10th Street, Greeley, Colorado, at the above specified time. If you have any questions concerning this matter, please do not hesitate to contact this office. S4 cerely, Mary Feuerstein • Weld County Clerk and Recorder and Clerk to the Board Deputy County Cl k XC: Assessor 890528 �.-V ✓.• ��-- - _.�i� '1 /,'�/" .-- /`-� •�i� ice_ /' .i A.444,r-: -4,\\ 'tl • •. )14 n �}�� Dal,1 +r • ,If M k 'e It\�It . o �> KKZ • ra tipol� • ( "a,, 3'. ;, i dYJp M, �� r / ry,�' I�� fll cmill furl. , /al;l UI v� 'llp P h �. mss, ip I O 'rA$4 '.�4; _ - �� •Vic; S y�1 1 _ �t�"' I ktlro t.1 N n fnD .7, N .,C I�II�I�II_�I�IIIIII_ / I �' �_• —i- -- cfi� w�1 1 1 1 f+ H 1+ _ - _ Il (I(VIII}l 11l '_ .^ 1�I co ; 't1 H 'A n A E Z - ro .:.n A k ft c o‘4,44:\'‘,, '� ;( o w z m i l�ll,l'�, (II�III'; a® �� y Y �' 1 sill. 'I C] R s�i {c'��sp1, - r 7r7ao0 �I �y� ,. IV v OC m N ❑ 7 N t• t7' la • IIIIII 11'� s II I I'y \ } � tp -•nP�� q• �o m P. p iv' mot 3 � � III �� I "egrE:• 1 ' \ 1'I1,!_ ( 1 R Q. IC G]. CA �W (A - III VIII III IIIIII VIII I I ? �� /{� of e-, IH �0 .n on-7W7 < �6 nrz mo1. nz ofD b n O M •or' w o _ ..HI III ,line Il lli - '�C IIIIIIIIIRIIIII = :1 via+ s, ; m a o oI �II�� IIII�I� III�IiI�I Fr.♦ . a n < Iy; ti W e n IIIII�I�II IIII I1Ili�llll� kl�,�, t _ H n � IIIIII II,I �� b 4. p"� "" :` b' + a m �', II II i�Iili411, 11�I�IIlfllll 9 I 1 1'V e ry it;. .� N N d 1 �i I lim �. yy�� J {/'r�i1�.I��`/"I "4}l'r l� O n 0 I III idl,t0ll. c, � i,. i Ik a K 7 E ^t ro II dill l J21 11I I 1 \�. riff Q1 fG Ir• o fD I':I{'y,a 11 I I Sip A I-• a n a n. I IC Icdlllll I -� j ,I,�, My+I nng O to a' m CI I C,I2 II� :.�•. 1 1 �1 $•.,,,, W I `. w M N f IIII III ICI �i�IIIII II iu1 I 4'l� r 1. l n P r, O N I . I I / 4.'-�/' rr;, l v a a O lildIIrrillIIosiI MIlllll�lll I i 4;,\ �� 1',j ° x IIIIII( 444.id5witillIII,II iv �2.�4 /7i i . {) I.+ T.+ f1 n O II I IIIIII SiII IIII " 4 .I w c4. co " VIII II 1'w' IIII'( s'•ci!.\ 'r , '4'a: O)) $g$J I ci mcg n I II�I'll:1g', ('II • ; '}. a `-w'. 133 � •5�'�, a w c m o IIIIIIIIIIIIIIIiI'I1lIll dill `(. • l'. Jy�7•A€4, 41 Ni i,l I II I I,I Id;IIII I II II III I In.I }r �( J,� 3 w S �I O ", K I, l I I II l I I II }5� •( h .v, 3� 't$ I W V -1+ ! I I (IIII Ii .y � r 4 `. m; 41•�(3it)Sr;1) n b �u�an�y/y'11 11 11 11111111111 w c=, y" i‘ �`_ ,y / y7)63 ♦lQ5ry )}�i I O ,,T lb 4.. _ �p,S n .._ ( ry1 r �" oc• w m w n G. G.- O' - W n oI n•fletre n N OIII ir m n C W C n I. c - R • 6 Ora 7 •o o R ran II�IIIIII IIIh i'�ll 111 -ii, _ II Pi n! J '. 54_ ,'� `.k 4114 r. 1 L 0,Iv� 5• , / avp•ocle p, _, _ # ko. ;51}IG jf a��^ I� �� G > t'� 1 %\ A 41p/y. X77 C� \ fix ' P 3 v \„ ^ v \ , T I 1 " / F u t a+ . J. r \1 p, / w, 111 {fG' � (,: pU r� s .'.4,r,•;�iu• 1..0 �!x/,�" ll ItLI{fyJn,�/5r�1Y_ �wI' `_�r�,�1111 'Iv �.•, II.Ij I,nu ��fF LF / WELD COUNT'( , COLORAD rmut 1 PAYROLL FUND CLAIMS WARRANT P.C. & (;O . VO. Nn. VENDOR AMOUNT 14388 82814 KIMBERLY FERIA 245.57 State of Colorado ) TOTAL 245.57 ) ss County of Weld This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Pages 1 through 1 and dated JUNE 21st 198 9 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 245.57 Dated this 21st day of JUNE , 19" • Weld o / n t 0/14:Cr Subscribed and sworn to before me this 21st day of JNE , 198 9 My commision expires : Notary Public State of Colorado ) ) S5 County of Weld We, the Board 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 JAYIOI,L Fund totaling S 245.57 1fVec-""5" Chairperson Mea, ;kg id-yarit y memper ,G,r seal Ci rx and Recorder Member . 1 _ c�lrtc �- ; y Member' ��, • • • • • • • • • • • • • • • • • • • • • 1 JC .• 3 N o D o n 9 'I ' n a 2 D a 4 a CI a 3 a c W 1 O M m K TX m r 1 H O • 2 •a N jilt_ .,I C m 3 ro m n N 7o I m c m Tr $ N `- I/`� 2 a 1 m A r C A t� p z c r n 9 It 2 c 3 A A •'1 m N D 1 4 1 .1 C •1 3 w +� N O .1 $ ... 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O t i` • • • • • • • • • • • • • • • • • • • • • z 1,87 IN THE UNITED STATES DISTRICT COURT uN:reosrAFI EDatercouxr FOR THE DISTRICT OF COLORADO DENVER.STATE0LST COLORADO IaC Action No. 88-F-1160 c7•r' trri ^-- - j JUN 13 198i CARL DOUGHTY, and LARRY WILSON, ! JUN 1 � °S R. M?NSPEAKER G 1989 !:; CLERK Plaintiffs, ��_` `VELD COUNTYLJ vs. ATTORNEY'S OFFICE THE BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF WELD, STATE OF COLORADO, and ED JORDAN, Defendants. MEMORANDUM OPINION AND ORDER Sherman G. Finesilver, Chief Judge This suit involves entitlement of inmates incarcerated at a county jail to have cigarette smoking privileges in spite of a county-wide ban on smoking in public buildings. There is little precedent on the exact point involved in this litigation. Plaintiffs are inmates in the Weld County Jail who are awaiting trial on state felony charges. Defendants are the county's Board of County Commissioners and the County Sheriff. The jail is located in Greeley, Colorado, forty-eight miles north of Denver. Plaintiffs bring this action under 42 U.S.C. Section 1983 and seek to enjoin the policy of Weld County banning cigarette smoking in all of the county's public vehicles and buildings, including the jail. Plaintiffs' motion for preliminary injunction was denied by the court on September 14, 1988, and a petition for writ of mandamus was filed by plaintiffs with the Tenth Circuit Court of Appeals on September 28, 1988. Trial on the merits to the court commenced on May 31, 1989, and concluded on June 6, 1989. 1 •fr .ri / ) s ,4-u yuCr4.- <h�� For the reasons stated below, judgment is entered in favor of defendants and against plaintiffs. Plaintiffs seek injunctive relief pursuant to 42 U.S.c. Section 1983. That statute provides a remedy for violations of citizens' constitutional or statutory rights. Here, plaintiffs contend that the county's no-smoking policy violates inmates' fourteenth amendment right to due process, and the eighth amendment's prohibition against cruel and unusual punishment, and therefore seek to prohibit enforcement of the no-smoking policy among inmates at the Weld county Jail. We find that the plaintiffs have failed to establish a basis for relief. This memorandum opinion and order constitutes the court's findings of fact and conclusions of law. z. The practice of cigarette smoking has been part of the American culture and trade since the formation of the Republic. European settlers learned of the process of cultivating and smoking tobacco from Native Americans, and tobacco has been an important export from the United States since the year 1613. Nowhere is the practice of smoking a more imbedded institution than in the nation's prisons and jails, where the proportion of smokers to non- smokers is many times higher than that of society in general. From the 1920's, however, scientific discoveries as to the deleterious effects of smoking on the health of the smoker and those in proximity him have slowly turned public opinion against smoking. 2 The 1989 report of the United States Surgeon General calls for the attainment of a smoke-free society as an essential and life-saving long term goal.' Smoking accounts for over one sixth of the deaths in the United States, and is the single most important preventable cause of death.' Smoking is responsible for increases in lung cancer, cancer of the larynx, chronic bronchitis, coronary artery disease, and peptic ulcer.' Environmental tobacco smoke also presents a serious risk to the health of non-smokers. it is clear that passive smoke exposure to non-smokers presents a wide range of health problems. The National Research Council estimates that in a given year, from 2490 to 5160 non-smokers may have died of lung cancer because of environmental tobacco smoke.' Evidence presented in this case indicates restrictions on public smoking can reduce the threat to non-smokers. It is quite clear that exposure to tobacco smoke among non-smokers is ubiquitous. '. U.S. Department of Health and Human Services, Reducing the Reaith Consequences of Smoking, 25 Years of Progress, Report of the Surgeon General, 1989, p. vii. 2▪ United States Department of Health and Human Services, Reducing the Health Consequences of Smoking. 25 Years of Progress, Report of the Surgeon General, 1989, p. i. '▪ United States Department of Health and Human Services, Reducing the Health Consequences of Smoking, 25 Years of Progress, Report of the Surgeon General, 1989, p. 161. `. Committee on Passive Smoking, Board on Environmental Studies and Toxicology, Environmental Tobacco *poke. feasuripq exposures and Assessing Health Risks, Report of the National Research Council, 1986, p. 296. 3 zi. In 1988, defendant Weld County Board of County Commissioners considered a resolution which would prohibit smoking in any public building or vehicle. Defendant Ed Jordan, Weld County Sheriff, testified that the Board contacted him for his recommendation whether the county jail should be exempted from this policy. Sheriff Jordan testified that, after consulting with his jail staff, he recommended to the board that the jail be included in the no-smoking policy. The resolution was passed by the Board of County Commissioners on May 9, 1988, and did not exempt the jail. The no-smoking policy took effect in the jail on July 1, 1988. No other city or county jail in Colorado has completely prohibited smoking within the institution. At trial, several inmates or former inmates testified that not being able to smoke cigarettes makes them irritable and short tempered. Plaintiff Larry Wilson testified that not being able to smoke contributes to his migraine headaches, and makes it more difficult for him to sleep. Plaintiff Carl Doughty testified that not being able to smoke makes him restless, impatient and combative. He also testified that his relationship with his girl friend has been adversely affected by stress and tension brought about by not being able to smoke. Plaintiffs and several other past and present inmates testified that cigarettes are frequently smuggled in despite the ban. The fact that some inmates have cigarettes while others do not has caused arguments between inmates due to inflated prices for cigarettes. One inmate, Mr. Dirk 4 Milburn, testified that cigarettes smuggled into the jail cost twenty times the normal price. Another inmate, Ms. Sandra McClure testified that she has paid $20 for a pack of cigarettes. Furthermore, because cigarette smoking is considered a rules violation, if the guards discover smoking or possession of tobacco by an inmate, the inmate can be disciplined and sent to the jail's solitary confinement section. one non-smoking inmate, Mr. Neil Lopez, testified that he has no objection to allowing smoking in the jail. Raymond Leidig, M.D. , as an expert on psychiatric problems of persons confined in jails, stated that nicotine is both physically and psychologically addicting. He stated that nicotine in tobacco is a drug, just as addictive as cocaine or heroin. Dr. Leidig further testified that withdrawal of smoking privileges has a greater effect on persons in jail, since they are already under a great deal of stress. Dr. Leidig stated that the physical and psychological effects of nicotine withdrawal include restlessness, irritability, depression and loss of appetite. However, Thomas Crowley, M.D. , director of addiction research and treatment at the University of Colorado Health Sciences Center and a psychiatrist, testified that the effect of withdrawal of nicotine is rather mild, and lasts only a short period of time. For that reason, most smokers simply stop smoking without treatment. In his opinion, anxiety associated with cessation of smoking would cease within a matter of days or weeks. Dr. Crowley testified that nicotine interferes with receptors within the nervous system, and thereby 5 affects the behavior of the smoker, driving continued use. Dr. Crowley also testified that there are no medical benefits from cigarette smoking. Both Dr. Leidig and Dr. Crowley expressed agreement with the Surgeon General's conclusions as to the danger of cigarette smoking to smokers and non-smokers.' Among the conclusions of the United States Surgeon General's 1986 report are that "[i]nvoluntary smoking is a cause of disease, including lung cancer, in healthy nonsmokers" and that "[t]he simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to environmental tobacco smoke. "' Dr. Crowley testified that 320,000 premature deaths per year are caused by tobacco. The figure was estimated to be 390,000 per year in the 1989 report of the United States Surgeon General.? Dr. Crowley testified that he agrees with the Surgeon General 's 1988 report that the nation should aim for a smoke-free society by the year 2000. He emphasized that cigarette smoking greatly contributes to a national health problem. °▪ all U.S. Department of Health and Human Services, The Health Consegtences of Involuntary $jtokinq, Report of the Surgeon General, 1986; U.S. Department of Health and Human Services, Ihg Health spstseauences of Smoking. Nicotine Addiction, Report of the Surgeon General, 1988. °• United States Department of Health and Human Services, The Health Consequences of Involuntary Smo ' ,q, Report of the surgeon General, 1986, p.7. '▪ United States Department of Health and Human Services, Eeduci;a the Health Consequences of Smoking. 25 Years of Progres , Report of the Surgeon General, 1989, p. 161. 6 III. Plaintiffs argue that the county's no-smoking policy infringes on the inmates' constitutional right to smoke, in violation of the fourteenth amendment to the United States Constitution. We disagree. In Bell v. Wolfish, 441 U.S. 520 (1979) , the Court considered the claim of pretrial detainees that double-bunking, prohibition against receiving books not mailed directly from the publisher, body-cavity searches, prohibition against receipt of packages, and surprise inspections of rooms, violated the detainees' fourteenth amendment rights. The Court found that all of the above policies were constitutionally permissible. In doing so, the Court rejected the argument that jail officials must demonstrate a compelling necessity for the conditions or restrictions. . at 532. Rather, the Court held that the first step in inquiring whether a policy violates the Fourteenth Amendment is a determination as to whether the policy is punishment. at 535. A policy is not punishment if there is no showing of intent to punish, and it is reasonably related to a legitimate government objective. Ig. at 538-39. Plaintiffs do not contend that the no-smoking policy itself is intended to punish, but argue that it is not reasonably related to a legitimate governmental objective. Plaintiffs contend that the policy infringes on the inmates' constitutional right to smoke. Plaintiffs also contend that the policy is unreasonable because any governmental purpose could be accomplished by setting aside certain areas for smoking, instead of banning smoking altogether. 7 There is no constitutional right to smoke in a jail or prison; deprivation of smoking privileges must be examined according to the Bell v. Wolfish, rationale. Here, the county has instituted its no- smoking policy as part of a county-wide policy prohibiting smoking in any public building. The objectives of the county officials are both legitimate and commendable. The restriction protects the rights and health of non-smoking guards and inmates, eliminates potential fire hazards, provides for a clean living environment, and is therefore reasonably related to the county's goals. Indeed, the defendants face potential liability to non-smoking inmates if the risk to health caused by cigarette smoking was not removed. Franklin v. Oregon, 662 F.2d 1337 (9th Cir. 1981) ; Beeson v. Johnson, 668 F. Supp. 498 (E.D.N.C. 1987) ; 4urp)v v. Wheaton, 381 F. Supp. 1252 (N.D. I11. 1974) . In Avery v Powell , 695 F.Supp. 632 (D. N.H. 1988) , the court considered the claim of a non-smoking prisoner to the effect that he was being forced to breathe environmental tobacco smoke, and that this constituted cruel and unusual punishment. The court held that if the weight of scientific authority indicates that there are significant health consequences from exposure to tobacco smoke, then environmental tobacco smoke may be cruel and unusual punishment. Id. , 695 F.Supp. at 637. Sheriff Ed Jordan testified that he recommended that the county's no-smoking policy should not specifically exempt the jail, because to do so would expose the county to liability to non-smoking prisoners. Lieutenant Peggy Johnson, assistant jail administrator for the Weld County Jail, and a Deputy Sheriff, S testified that two inmates informed her that they would bring suit if smoking were returned to the jail. Iv. We have considered and reject plaintiffs' contention that designated smoking areas are a practical solution. Captain Michael Metzger, jail administrator of the Weld County Jail and a Deputy Sheriff, testified that the jail was expanded in January of 1986, and other renovations were completed in 1988 and 1989. The jail now has a capacity for 204 inmates. Captain Metzger testified that the jail is not overcrowded at present, but that he expects the jail will be overcrowded by late 1989, due to a backup in transfers to the state department of corrections. Captain Metzger related that while most of the inmates at the jail are smokers, the number of non-smoking inmates is increasing. The evidence at trial contradicts plaintiffs' assertion that problems from cigarette smoke can be solved by setting aside smoking areas. Mr. George Sullivan, Deputy Director for the Colorado Department of Corrections was qualified as an expert in corrections. Mr. Sullivan testified that the jail's ventilation • system moves only fifteen cubic feet of air per minute, and recirculates 65-75 percent of the air from within the building. While these specifications are adequate for normal use and under American Correctional Association standards, they are insufficient to evacuate cigarette smoke. Lieutenant Peggy Johnson also testified that the present ventilation system is inadequate to protect non-smokers. 9 The problem can not be solved by separating smoking inmates from non-smoking inmates. Neither can pretrial detainees be separated from convicted detainees in order to provide smoking privileges to the former. Lieutenant Johnson testified that the inmates at the Weld County Jail are divided into ten different holding areas or "pods," which are located among the jail's three floor levels. The holding areas include (1) holding area for new inmates, (2) area on the first floor for twenty inmates sentenced to work release programs by the court, (3) area on the first floor for eight juveniles, (4) "8" pod area on the second floor for thirty-four first-time offenders with little experience in jail procedures, (5) "C" pod area on the second floor for thirty-two inmates who have previous experience with the criminal system, (6) pod on the second floor between the "B" and "C" pods for eleven jail trustees, (7) "A" pod area on the second floor for females, (8) "F" pod area on the third floor for twenty-five inmates involved in minor crimes or older inmates, (9) "G intake" area on the third floor for eleven inmates with special medical or psychiatric problems, and (10) the "G max" disciplinary area on the third floor for inmates who have violated the jail's rules. ggg Plaintiffs' Exhibit 4. Mr. George Sullivan testified that the classifications used by Weld County are those normally used in jails, and are regarded as important in jail administration. These classifications could not be maintained if non-smoking prisoners were separated from smoking prisoners, or if pretrial detainees were separated from other inmates. For that reason, Mr Sullivan 10 testified that it would not make correctional sense to separate smokers from non smokers. Even if non-smoking inmates could be separated, other goals in addition to protection of non-smoking inmates could not be realized. Sheriff Jordan testified that the jail 's guards, most of whom do not smoke, are stationed within the inmates' living areas and are required to serve twelve hour shifts. Lieutenant Peggy Johnson testified that these non-smoking officers could not be protected from overall exposure to environmental tobacco smoke ,, by designating smoking areas. Mr. George Sullivan testified that the no-smoking policy is also reasonably designed to prevent damage to bedding, mattresses, doors and windows from smoking. Eliminating cigarette smoke also enables guards to smell other types of contraband. The smoking ban protects the health of the smoking inmates, and eliminates significant costs related to smoking. All of these are legitimate governmental objectives to which the no-smoking policy is reasonably related. Plaintiffs contend that the jail could allow prisoners short smoking breaks in two of the jail's areas which- are exposed to outside air. However, Mr. George Sullivan testified that such a policy would cost the county a total of $216,762 per year, because the jail would have to install fans to evacuate cigarette smoke, install new television monitoring equipment, and provide extra guards to escort the inmates to the smoking areas and to monitor them. 11 V. Plaintiffs contend, on behalf of detainees who have been convicted and are awaiting transport or who have been sentenced to serve terms at the Weld County Jail, that the prohibition against smoking is cruel and unusual punishment in violation of the eighth amendment to the United States Constitution. However, plaintiffs have not demonstrated that prohibiting inmates from smoking violates "the evolving standards of decency that mark the progress of a maturing society, " or that it "involve[s] the unnecessary and wanton infliction of pain. " Estelle v. Gamble, 429 U.S. 97, 102- 03. Acaoyd Cruiessv. Matty, No. 87-3794, slip op. (E.D. Penn. July 1, 1987) . Rather, the evidence suggests that the jail officials attempted to make imposition of the policy as easy as possible on the inmates. The jail provides some counseling and medical assistance to inmates who request it, and has video-taped movies on quitting smoking available. As Weld County Sheriff, defendant Jordan is faced with the obligation to formulate rules to implement the county's no-smoking policy. Captain Michael Metzger testified that the jail staff is charged with impounding smoking materials and disciplining those who possess tobacco for a rules violation. The no-smoking policy itself is not a punishment, but the jail provides punishment for breaking the rule. Captain Metzger was disciplined for smoking in the jail, and was given a day's suspension and a fine for failing to report another guard who smoked in the jail. The evidence indicates that Sheriff Jordan is making an effort to fairly and 12 uniformly implement the county's no-smoking policy within the jail. This effort extends to inmates and the correctional and custodial staff. As noted, Dr. Leidig and Dr. Crowley testified that nicotine is an addicting drug. The court recognizes that forced breaking of this addiction contributes to the stress suffered by inmates at the jail. However, the county has legitimate, non-punitive reasons for the no-smoking policy. Ideally, a policy which entirely prohibits inmates from smoking would include a strong institutional counseling program, similar to those available for drug or alcohol dependency. This may fairly and humanely assist those inmates who - care to remedy and eliminate their addiction to smoking. Broader availability of institutional counseling to assist smokers in alleviating the smoking addiction no doubt will be a subject of continued study and implementation by Sheriff Jordan, and staff and counselors. However, at this time proper deference to the informed discretion of prison or jail authorities demands that they, and not the courts, make the difficult judgments which reconcile conflicting claims affecting the security of the institution, welfare of the jail or prison staff, and health and hygiene considerations of inmates. )3lock v. Rutherford, 468 U.S. 576, 591 (1984) ; Dell v. Wolfish, 441 U.S. 520, 557 n.38 (1979) . Whether or not to allow smoking, where the policy is not arbitrary, purposeless, or intended to punish, is a matter to be left to prison or jail officials. ACCORDINGLY, we find the issues joined in favor of The Board 13 of County Commissioners for the County of Weld, State of Colorado and Ed Jordan, defendants, and against Carl Doughty and Larry Wilson, plaintiffs. We therefore deny plaintiffs' complaint for injunctive and other relief. It is hereby ordered that the Clerk of the Court is directed to enter judgment in favor of defendants and against plaintiffs, each party to pay their own costs. Done this "- day of June, 1989 at Denver, Colorado. UByII the Court: n Sherman G. Finesilver, Chief Judge ENTERED ON WE 000(ET JUN 151989 AMES R. MANSPEcAgs 3.4 APPEARANCES Joseph P. Genchi, Esq. , Estes Park, Colorado, for Plaintiffs Thomas 0. David, Esq. , Weld County Attorney, Bruce T. Barker, Esq. , Assistant Weld County Attorney, Greeley, Colorado, for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Ciuil Action No. 88-1-1160 CARL DOUGHTY and LARRY WILSON, Plaintiffs, FILED v s. UNITED STATES oISTRKT COURT DENVER, COLORADO THE BOARD OF COUNTY COMMISSIONERS FOR JUN 15 1980 THE COUNTY OF WELD, STATE OF COLORADO, and ED JORDAN, JAMES R. MANSPEAKER CLERK Defendants. JUDGMENT PURSUANT TO and in accordance with the Memorandum Opinion and Order entered by the Honorable Sherman G. Finesilver, Chief Judge, on June 15 , 1989, it is hereby ORDERED AND ADJUDGED that judgment is entered in favor of the defendants, The Board of County Commissioners for the County of Weld , State of Colorado, and Ed Jordan, and against the plaintiffs, Carl Doughty and Larry Wilson. Plaintiffs' complaint for injunctive and other relief is denied. It is FURTHER ORDERED that each party shall pay his or its own costs. DATED at Denver, Colorado, this 15th day of June, 1989. FOR THE COURT. ENTERED OH THHE D0CC KET JA ES R. MANSPE KER/CLERK JUN 151989 r( JAMES R MANSPEAKER CLERK sr UNITED STATES DISTRICT COURT Orrlcc or THE CLERK JAMES R. MANSPEAKER. CLERK DISTRICT OF COLORADO ROOM C•145 UNITED STATES COURTHOUSE June 15, 1989 IRIS STOUT DENVER,COLORADO 50294 PHONE($03)044.3433 ITS 554.3433 Joseph P. Genchi, Esq. 302 E. Elkhorn Ave. P. 0. Box 1990 Estes Park, CO 80517 Thomas 0. David, Esq. County Attorney P .O . Box 1948 Greeley , CO 80632 RE: 88-F-1160, GEORGE I. SHULTZ, et al v. THE BOARD OF COUNTY COMMISSIONERS. etc et al Enclosed Please find a copy of MEMORANDUM OPINION AND ORDER and JUDGMENT - DATED June 15, 1989. anc Jams R. fans��eaker, Clerk entered by Chief Judge Sherman G. Finesilver /in t e re erence ma er. JADES R. MANSPEAKER, CLERK BY: 0, 12&1,,14/ 757 �_cRK — Deputy Clerk AGENDA WELD COUNTY UTILITIES COORDINATING ADVISORY COMMITTEE Thursday June 22, 1989, 10:00 a.m. Room 339, Weld County Centennial Center Utility Advisory Committee members are reminded that you are to call BOBBIE Good at 356-4000, Extension 4400, if you can or cannot attend the meeting. 1. CASE NUMBER: S-302 APPLICANT: West Hill-N-Park, Inc. REQUEST: A Site Specific Development Plan and a Resubdivision (reduce number of lots from one-hundred ninety-four to one-hundred eight) . LEGAL DESCRIPTION: West Hill-N-Park, Third Piling, located in part of the W} SW? of Section 26, T5N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 mile south of the City of Greeley. J u I o-\\e`'' V STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH ufi COQ �,. ._a , ti/Q may' 42-tn�Fas[,17th Avenue e/ Ma'.?w�1. DGiiver, Colorado 80220 Phone'(303) 320.8333 1\\�. :/ SIG Rov Romer June 14, 1989 Governor Thomas M. Vernon, M.D. Weld County Commissioners FFeconve Director 915 10th St. Greeley, CO 80632 RE: Letters of Intent to Apply Domestic Sewage Sludge in Weld County from Liquid Waste Management Dear County Commissioners: The Permits and Enforcement Section of the Colorado Department of Health has received Letters of Intent to Apply Domestic Sewage Sludge from the above referenced entity for the following sites within your county. Site Name Legal Description Alvin Dechant Site LWM # 439 Northeast Quarter of Section 21, Range 66 West, Township 2 North Alvin Dechant Site LWM # 440 Northeast Quarter of Section 30, Range 65 West, Township 2 North Alvin Dechant Site LWM # 441 West Half of Section 28, Range 65 West, Township 2 North If you would like any additional information as to the scope and nature of these beneficial use land application projects, do not hesitate to contact me at (303) 331-4555. Please direct any comments or concerns to this office within 15 days of receipt of this letter. Sincerely, David R. Rogers Engineering/Physical Sciences Technician Permits and Enforcement Section WATER QUALITY CONTROL DIVISION xc: Weld County Health Department Soil Conservation District Victor Sainz, District Engineer Files (Site # 0329, 0330, 0331) \ - r a,i��° r i 1 June 15, 1989 35453 WCR 47 Eaton, CO 80615 Weld County Assessor 915 10th Street Greeley, CO 80631 Sir: Attached are the documents requested by Ms. Phyllis A. Newby. These documents are submitted so that my farm property can be classified as such. They show that indeed the property was used to raise livestock even though we were not able to sell any of the stock until 1988. I have spent a total of about 4 hours preparing, making, and substantiating a protest of this property being reclassified as residential property. I truly resent having to go through this procedure in this particular case, and I am wondering if others have had to do the same thing . This property is clearly agricultural land. It is located on a rural route and is surrounded by land used to grow crops. There are absolutely no services normally found in residential areas to this property. We have no water other than a well on the property. There is no sewer service. And the valuation form lists "Farm support Bldgs" as part of the assessment. This property is clearly rural country agricultural , regardless of what it is used for . What happens to an elderly couple who decides to retire from farming? Do we have to reassess their property as resdential and increase the valuation from $1000 to over $6000 per acre? I truly hope not. I wish to thank and commend Ms . Newby for the professional manner in which she handled my protest. I certainly have no quarrel with someone doing their job. It is the policy I object to in this case. Thank you. Sincerely yours , Bill Hardgrave % cc: w/o attachments Board of Weld County Commissioners 10/),A 042589 15-OPT-EX. 7 -. 77 TELEPHONE FORM 905 ' STATE OF COLORADO (303) 866-2371 DIVISION OF PROPERTY TAXATION DEPARTMENT OF LOCAL AFFAIRS 419 STATE CENTENNIAL BUILDING DENVER, COLORADO 80203 AMENDED** DETERMINATION IN THE MATTER OF THE APPLICATION OF: Faith Messianic Fellowship APPLICATION NO. 87-008 International , Inc. FILE NO. 62-01=424 2418 19th Avenue COUNTY Weld Greeley, CO 80631 PARCEL NO. 62-09i1718-3-21 099 FOR EXEMPTION FROM GENERAL TAXATION OF PROPERTY CLAIMED TO BE OWNED AND USED SOLELY AND EXCLUSIVELY FOR STRICTLY CHARITABLE PURPOSES. DESCRIPTION OF PROPERTY: Gr Sr-1 L1 Ridge sub % 2418 19th Avenue. PERSONAL PROPERTY IS INCLUDED, AND IS GRANTED/DENIED EXEMPTION IN THE SAME PERCENTAGE AS THE REAL PROPERTY. LEASED PERSONAL PROPERTY IS NOT INCLUDED. THE ADMINISTRATOR, HAVING REVIEWED THE APPLICATION AS PROVIDED IN COLORADO REVISED STATUTES, TITLE 39, ARTICLE 2, SECTION 117, HAS DETERMINED THAT SUCH EXEMPTION IS JUSTIFIED AND IN ACCORDANCE WITH THE INTENT OF THE LAW, AND EXEMPTION IS HEREBY GRANTED, THE SAME TO BE EFFECTIVE February 28, 1988. **THIS DETERMINATION IS AMENDED TO CORRECT THE EFFECTIVE DATE OF THE DETERMINATION ISSUED MAY 5, 1989. DATED AT DENVER, COLORADO THIS 13th DAY OF June , 19 89 1 (� 22 tilt _ 1/1/ �(14.49_,V � MARY ANNE MAURER PROPERTY TAX ADMINISTRATOR (SEE REVERSE FOR APPEAL RIGHTS) (COPIES TO OWNER, ASSESSOR, TREASURER AND BOARD OF COUNTY COMMISSIONERS) ell ' NOTICE OF RIGHT$ AND R!SPONSig-.TTTES RIGHT TO APPEAL Colorado Revised Statutes 1973, Title 39, Article 2, Sec 117 (5) provides. 'an appeal from any decision of the Property Tax Administrator may be taken by the Board of County Commissioners of the county wherein such property is %ocased. or by any owner of taxable property in such county, or by the owner of the property for which exemption is claimed if exemption has been denied or revoked in frill or in part. Any such appeal shall be taken to the Board of Assessment Appeals, and shall De taken no later than thirty days following the decision of the Property Tax Administrator.' Farms and instractions.for making such appeal may be obtained from the Soar: of Assessment Appeals, Department of Local Affairs, 420 State Centennial Building, 13I3 Sherman Street, Denver, CO 20203. Telephone (303) °66.52°0. RESPONSIBILITIES OF THE EXEMPT PROPERTY OWNER Owners of property granted exemption by this office must do the following :: maintain their property's exemption from taxation: I. Notify this office within thirty dour of any change of mailing address, or status or usage of the exempted :roper-4 (i.e., land has been sold and/or vacated and is no longer Property transferred by deed will be retuned to he tax r: . the county assessor. II. Each year following the year in which exemption is granted. owners of such exempt property must file en annual cxembt ;r::srty_ : Report on or before April 15. These reports are supplied :y :ne Division of Property Taxation early each year. The • iv+ ., proarr•v Taxation takes no r•snensibility for rotor! not "'•r •- a timely manner for Inv reason. It is the responsibility of :-e exempt property owner to see that these reports are received. completed and returned to the Division of Property Taxation annually by April 15, and with the appropriate filing fees. Contact this office if your reports are not received in tine for completion by the April 15 deadline each year. On all future correspondence regarding this property, the . .ner snoulc -e'er to the file number shown on this determination. DTNNTC 0606289 15-OPT-EX TELEPHONE FORM 905 _ . / STATE OF COLORADO (303) 866-2371 DIVISION OF PROPERTY TAXATION DEPARTMENT OF LOCAL AFFAIRS 419 STATE CENTENNIAL BUILDING DENVER, COLORADO 80203 DETERMINATION IN THE MATTER OF THE APPLICATION OF: IOOF Lodge 097 APPLICATION NO. 85_174 1003 Broad Street FILE NO. 6ZZOi=402„ Drawer 10 COUNTY Weld Milliken, CO 80543 PARCEL NO. 105911131007 FOR EXEMPTION FROM GENERAL TAXATION OF PROPERTY CLAIMED TO BE OWNED AND USED SOLELY AND EXCLUSIVELY FOR STRICTLY CHARITABLE PURPOSES. DESCRIPTION OF PROPERTY: Mil 22040 L 17-18-19 Block 39. PERSONAL PROPERTY IS INCLUDED, AND IS GRANTED/DENIED EXEMPTION IN THE SAME PERCENTAGE AS THE REAL PROPERTY. LEASED PERSONAL PROPERTY IS NOT INCLUDED. THE ADMINISTRATOR, HAVING REVIEWED THE APPLICATION AS PROVIDED IN COLORADO REVISED STATUTES. TITLE 39, ARTICLE 2, SECTION 117, HAS DETERMINED THAT SUCH EXEMPTION IS IN PART JUSTIFIED AND IN ACCORDANCE WITH THE INTENT OF THE LAW, AND EXEMPTION IS HEREBY GRANTED IN PART*, THE SAME TO BE EFFECTIVE January 1, 1985. *EXEMPTION IS GRANTED TO: 50% of the total. *EXEMPTION IS DENIED TO: 50% of the total. DUE TO THE FOLLOWING REASONS: Property is not used for exempt purposes. The first floor is rented. The second floor is exempt. All personal property owned by IOOF is exempt. DATED AT DENVER, COLORADO THIS 13th DAY OF .luny , 19-21—•MARY ANNE MAURER PRO ERTY TAX ADMINISTRATOR (SEE REVERSE FOR APPEAL RIGHTS) (COPIES TO OWNER, ASSESSOR, TREASURER AND BOARD OF COUNTY COMMISSIONERS) some OF RIGHTS AND RESPQMSIBILITTEt RIGHT TO APPEAL Colorado Revised Statutes 1973, Title 39, Article 2, Sec 117 (5) provides, 'an appeal from any decision of the Property Tax Administrator may be taken by the Board of County Commissioners of the county wherein such property is ?boated. or by any owner of taxable property in such county, or by the owner of the property for which exemption is claimed if exemption has been denied or revoked in full or in part. Any such appeal shall be taken to the Board of Assessment Appeals, and shall be taken no later than thirty days following the decision of the Property Tax Administrator.' Forms and instructions•for making such appeal may be obtained from the Board of Assessment Appeals, Department of Local Affairs, 420 State Centennial Building, 1313 Sherman Street. Denver, CO 20203. Teldphone (303) $66.5240. RESPONSIBILITIES OF THE EXEMPT PROPERTY OWNER Owners of property granted exemption by this office must do the following :o maintain their property's exemption from taxation I. Notify this office within thirty days of any change of mailing address. or status or usage of the exempted property (i.e., land has been sold and/or vacated and is no longer :+sat; . Property transferred by deed will be returned to tse :ax r:"s :! the county assessor. II. Each year following the year in which exemption is granted. owners of such exempt property must file an annual Exempt Prode•ty Report on or before April IS. These reports an supplied :ae Division of Property Taxation early each year. The ^ivir r ^' prgertli Taxation takes,lo rewonsibllity free ..ports mot •^ I timely manner for any reason. It is the res:onsimility of exempt property owner to see that these reports art received. completed and returned to the Division of Property Taxation annually by April IS, and with the appropriate filing fees. Contact this office if your reports are not received in time For completion by the April 15 deadline each year. On all future correspondence regarding this property, the .miler snoulc set, to the file number shown on this determination. 0T14RTC "I L... ..t 'I_ 17 l`ERAR ENT u:/AL .- HE.AMA i •( 4 41 NN0AL riETEPMDATION ',OT:CE NO. ILE NO. :OUNT ' . ELD PARCEL 70 _N THE MATTER OF. rAT:ENT ADVOCACY TEAM 5TH AVE. cTk AvE. •;REELEt , Cu S0631 'I"`u; THE _vEMPTION FROM GENERAL TAXATION OF THE F L_ C NG BLA 5 ARLINGTON HTS GREELE A. ,.,- ! INCLUDING IMPROVEMENTS. AND PERSONAL :BCPERT ON THE BASIS OF THE REPORTS AND CERTIFICATIONS FILED BY THE NAMED OWNER. THE ADMINISTRATOR HAS DETERMINED, PURSUANT TO 1973 DRS 39-3-1C1 , 1 ) (9) iil THAT 10_0. �,O% OF THE ACTUAL VALUE OF THE DESLF-IBED PPOPERT IS ELIGIBLE FOR EXEMPTION AS BEING OCCUPIED BY PERSONS QUALIFIED UNDER APA'RAPH r , rHF REMAINING 0.0O`. OF SUCH VALUE IS SUBuECT TO ASSESSMENT AT THE APPLICABLE RATE AND SHOULD BE PLACED ON THE ASSESSMENT ROLL FOR 1989. DATED AT DENVER, COLORADO THIS 13th DAY OF June , 1912_ DIVISION OF PROPERTY TAXATION C44-011-C• {,, MARY ANN MAURER, PROPERTY TAX ADMINISTRATOR (SEE REVERSE FOR APPEAL RIGHTS) ! COPIES TO OWNER, ASSESSOR, TREASURER AND BOARD OF COUNTY COMMISSIONERS) NOTICE OF RIGHT TO A PUBLIC HEARING It is the right of the owner listed on the front side of this form, if he disagrees with the decisions referenced herein, to request a public hearing with the Property Tax Administrator or her representative. If you wish to regyest such a hearing, please call this office at (303) 866-2686. or write the Division of Property Taxation,_Exemptions Section, 1313 Sherman St. . Rope 419. Denver. CO 80203; Hearings are scheduled during the third full week of each month, between 9:00 am and 3:00 pm. You should schedule your hearing as soon as possible after receipt of this decision in order to protect your rights. At the end of 60 days from the dote of this decision. unless a hearing has been scheduled and/or evidence provided. the determination will automatically be consided final._ If you schedule a hearing, please plan to submit documentation or otherwise demonstrate that the exempt/taxable percentages referenced in this decision are incorrect. APPEAL TO THE BOARD OF ASSESSMENT APPEALS In addition to the right to a public hearing within the Division of Property Taxation, 39-2-117 (5) (b), C.R.S. also provides that any decision of the administrator may be taken to the Board no later than 30 days following the FINAL decision of the administrator. After your public hearing, and once you have received the Division's FINAL decision, if you still disagree, you may appeal that decision, within 30 days, to the Board of Assessment Appeals at 1313 Sherman St. , Room 523, Denver, 80203. Phone Number: (303) 866-5880. TELEPHONE STATE OF ',. C'_DRACO ' v -iv �SIOW OF -SOPEERT7 TAXA iON CEPAR MENT 0; LOCAL AFFAIRS 1I1.{ SHERMAN ST. , P.CCM DEN' ER, CO 0'O ANN:.AL vti -wMiVATi3N NCTi.:E NO" 'r.-1 5 FILE NO. COUNT: WELD PARCEL ID NO. =N -,..E MATT;P. OF: "TIENT ADVOCACY TEAM 'L3 LiST AVE. CT. ) '..< .TH AvE. ':iREELEY, C: '•0531 ' '•NCERNING T EXEMPTION FROM GENERAL TAXATION OF THE FOLLOWING PROPERTY: LOTS ' - ±, BERGER GARDNER ADD, GREELEY, 17% CF LOT 7 IS COMPLETELY EXEMPT. THESE PERCENTAGES WILL APPLY TO THE REMAINING 33% OF THE VALUE OF LOT 7 AND ALL OF LOTS 1 - o AND LOTS A. (INCLUDING IMPROVEMENTS AND PERSONAL PROPERTY) ON THE BASIS OF THE REPORTS AND CERTIFICATIONS FILED BY THE NAMED OWNER, THE ADMINISTRATOR HAS DETERMINED, PURSUANT TO 1973 CRS 39-3-101 (1 ) (9) ‘ 1 ) THAT 100.00% OF THE ACTUAL VALUE OF THE DESCRIBED PROPERTY IS ELIGIBLE FOR EXEMPTION AS BEING OCCUPIED BY PERSONS QUALIFIED UNDER PARAGRAPH C. THE REMAINING 0.,00% OF SUCH VALUE IS SUBJECT TO ASSESSMENT AT THE APPLICABLE RATE AND SHOULD BE PLACED ON THE ASSESSMENT ROLL FOR 1989. DATED AT DENVER, COLORADO THIS 1Zth DAY OF JuDe , 1912 DIVISION OF PROPERTY TAXATION MARY ANNE MAURER, PROPERTY TAX ADMINISTRATOR (SEE REVERSE FOR APPEAL RIGHTS) (COPIES TO OWNER, ASSESSOR, TREASURER AND BOARD OF COUNTY COMMISSIONERS) NOTICE OF RIGHT TO A PUBLIC HEARING It is the right of the owner listed on the front side of this form, if he disagrees with the decisions referenced herein, to request a public hearing with the Property Tax Administrator or her representative. if you wish to request such a hearing. please call this office at (303) 866-2686. or write the Division of Property Taxation. Exemptions Section. 1313 Sherman St. , Room 419. Denver, CQ 80203. Hearings are scheduled during the third full week of each month, between 9:00 am and 3:00 pm. You should schedule your hearing as soon as possible after receipt of this decision in order to protect your rights. At the end of 60 days from the date of this decision unless a hearing has been scheduled and/or evidence provided the determination will automatically be considered final. If you schedule a hearing, please plan to submit documentation or otherwise demonstrate that the exempt/taxable percentages referenced in this decision are incorrect. APPEAL TO THE_ BOARD OF ASSESSMENT APPEALS In addition to the right to a public hearing within the Division of Property Taxation, 39-2-117 (5) (b), C.R.S. also provides that any decision of the administrator may be taken to the Board no later than 30 days following the FINAL, decision of the administrator. After your public hearing, and once you have received the Division's FINAL decision, if you still disagree, you may appeal that decision, within 30 days, to the Board of Assessment Appeals at 1313 Sherman St. , Room 523, Denver, 80203. Phone Number: (303) 866-5880. a - / TELEPHONE STATE OF COLORADO OI .ISiON '7F ROPERTV TAXA77.7):. OEPARTMENT OF LOCAL AFFAIRS 3NER,MAN ET . ROOM DENVER, '-0 �jOCO ..NN. 1aM_NAT T ON NOTICE NO. FILE NO 61-020-J1 COUNT? wELD PARCEL ID NO. 098117218002 TN THE MATTER OF: EV, LUTHERAN GOOD SAMARITAN S00. OSA BONNEL GOOD SAMARITAN CTR. 106 _,.ND ST. 6REE__Y , CO 80831 ERtJI`JG EXEMPTION FROM GENERAL TAXATION OF THE FOLLOWING PROPERTY: LOTS THPU 18 SLk11 ALTA VISTA EXC STATE H+1V LtS TkRU 18 ELK 12 ALTA E 16.3 FT OF LOT 2 & ALL LOTS 1-4-5 W 28.7 FT OF LOT 2 E FT OF LOT & PT LOTS 1 - 13 PLC 3 vO1.nS ADD GREELEY. (INCLUDING IMPROVEMENTS AND PERSONAL PROPERTY) ON THE BASIS OF THE REPORTS AND CERTIFICATIONS FILED BY THE NAMED OWNER, THE ADMINISTRATOR HAS DETERMINED, PURSUANT TO 1973 CRS 39-3-101 (1 ) (g) ( 1 ) THAT 100.oQ% OF THE ACTUAL VALUE OF THE DESCRIBED PROPERTY IS ELIGIBLE FOR EXEMPTION AS BEING OCCUPIED BY PERSONS QUALIFIED UNDER PARAGRAPH B. THE REMAINING 0.00X OF SUCH VALUE IS SUBJECT TO ASSESSMENT AT THE APPLICABLE RATE AND SHOULD BE PLACED ON THE ASSESSMENT ROLL FOR 1989. DATED AT DENVER, COLORADO THIS 13th DAY OF June 1989 DIVISION OF PROPERTY TAXATION MARY A E MAURER. TPOPERTV TAX ADMINISTRATOR (SEE REVERSE FOR APPEAL RIGHTS) (COPIES TO OWNER, ASSESSOR, TREASURER AND BOARD OF COUNTY COMMISSIONERS) NOTICE OF RI¢HT TO A PUBLIC H�AR�Np It is the right of the owner listed on the front side of this form, if he disagrees with the decisions referenced herein, to request a public hearing with the Property Tax Administrator or her representative. If you wish to request such a hearing, please call this office at (303 $66-2686. or write the Division of Property Taxation, Exemptions $action. 1313 Sherman St. . Room 41Q, Denver. CO 80203. Hearings are scheduled during the third full week of each month, between 9:00 am and 3:00 pm. You should schedule your hearing as soon as possible after receipt of this decision in order to protect your rights. At the end of 60 days from the date of this decision. unless a hearinlc has been scheduled and/or evidence provided, the determination will auSomat1cally be considered final_ If you schedule a hearing, please plan to submit documentation or otherwise demonstrate that the exempt/taxable percentages referenced in this decision are incorrect. APPEAL TO THE BOARD OF ASSESSMENT APPEALS In addition to the right to a public hearing within the Division of Property Taxation, 39-2-117 (5) (b), C.R.S. also provides that any decision of the administrator may be taken to the Board no later than 30 days following the FINAL, decision of the administrator. After your public hearing, and once you have received the Division's FINAL, decision, if you still disagree, you may appeal that decision, within 30 days, to the Board of Assessment Appeals at 1313 Sherman St. , Room 523, Denver, 80203. 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Fri / ] § � / K c c \ \ C / 7 \ ti \ 7) 2 Fr ae \ = Or ) § W X a _ go P \ \ $ _ m � ( o r 2 ' r wIr ) \ § E $ ] ) \ § ) k � P $ [ § � § § ■ § § 2 , 2 ) ( , ,, / f ( \ •; 36 rm.• COUNTY COURT, COUNTY OF WELD, COLOkADO • CASE NO. � 89 C 837 A ' MOTION UNDER RULE 369 (d) THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation, dba US WEST COMMUNICATIONS, Plaintiff, vs. COUNTY COMMISSIONERS FOR THE COUNTY OF WELD, Defendant(s ). COMES NOW the Plaintiff, The Mountain States Telephone and Telegraph Company, a Colorado corporation, dba US West Communications, by and through its attorney, David C. Addison, and pursuant to Colorado Rules of Civil Procedure 369 (d), moves this Honorable Court for an Order requiring the above-named Defendant and Judgment Debtor to answer within ten ( 10) days of the date of service upon him, under penalty of perjury, the Interrogatories propounded by the Plaintiff which are submitted herewith, service of said Interrogatories to be made by certified mail by the Clerk of this Court, or pursuant to Colorado Rules of Civil Procedure 304, as Plaintiff may choose. AND AS GROUNDS THEREFOR, Plaintiff shows unto the Court that it recovered Judgment against the Defendant in the amount of $925. 81, plus costs, which remain unsatisfied, and that Plaintiff is not advised of assets wherein the satisfaction of said Judgment could be had. David C. ddison, #1917 Attorney for Plaintiff 5290 DTC Parkway, Suite 170 Englewood, CO 80111 (303) 770-6664 Return Interrogatories to: Clerk of the County Court Civil Division 9th Avenue and 9th Street Greeley, CO 80632 COUNTY COURT, COUNTY OF WELD, COLORADO CASE NO. 89 C 837 A ORDER THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation, dba US WEST COMMUNICATIONS, Plaintiff, vs. COUNTY COMMISSIONERS FOR THE COUNTY OF WELD, Defendant(s ). AT THIS DATE, upon consideration of the application of Plaintiff herein for Interrogatories to the above-named Defendant(s ), good cause appearing and no adverse interest being represented, IT IS HEREBY ORDERED: That the above-named Defendant(s ) shall answer fully and completely all of the above Interrogatories and that same be signed and filed with this Court within ten ( 10) days of the receipt of these Interrogatories by said Defendant. DONE IN OPEN COURT this day of JUN 8 1989 , 1989. BY THE COURT, WILLIS K. KULP JUDGE, COUNTY COURT NOTICE TO DEFENDANT(S): You are required by the Colorado County Court Rules of Civil Procedure to provide plaintiff' s counsel with a copy of your response to the Rule 369 Interrogatories served upon you. • 1. Please state date you are answering these Interroga- tories. 2. Please state your full name and address. 3. Please state the full name of your spouse, if you have one. 4. Please state the full name and address of your employer. 5. Please state which days of the month you are paid. 6. Please state the amount of net pay received on each payday. 7. Please state all other current part-time or seasonal employment you have at present, including full names and address of employers, dates paid and amount of net pay. 8. Please state names and ages of your children, if any. 9. Do you own any real estate (including your home) either by deed, contract or inheritance? 10. If the answer to No. 9 is "yes" , please list for each parcel of real estate owned (a) the full address and the legal description of the real estate, (b) date acquired, (c) price paid, (d) present value, (e) amount of mort- gage, if any, (£) name and address of mortgage company or party who holds the mortgages, (g) exact name or names showing how you hold title to the property. 11. If the answer to No. 9 is "no" , please state if your spouse owns any real estate. If the answer is "yes" , complete the answer to No. 10 above for her property. 12. Do you or your spouse own any automobile? 13. If you or your spouse own any automobiles, please list for each one, (a) the year, (b) make and model, (c) motor number, (d) license number, (e) color, (f) amount of mortgage, (g) full name and address of mortgage holder, (h) how title is held. 14. Please list all furniture and household goods that you own, whether mortgaged or not. 15. Please list all names and address of companies that hold mortgages on your furniture, and if so, on what items the mortgage is held and the balance due on each note. 16. If you own any of the following items, list in detail the description of each: guns, bowling balls, sporting goods, fishing equipment, boats, skis, musical instru- ments, rings. watches, books, encyclopedias, pictures, typewriters, and rifles. 17. Please give a complete listing of all stocks and bonds you own, if any, including (a) name and address of com- pany, (b) serial number, (c) face amount of each certifi- cate. 18. Please check the customary method of getting to and from place of employment: (a) car pool, (b) bus, (c) drive own car, (d) ride with someone else, (e) other. 19. Please list the name and address of every bank where you or your spouse have had an account within the last six months, including the date. 20. Please list the names and addresses of all local finance companies with whom you have present outstanding loans. 21. Please list the name and address of each company with whom you have life insurance and list the policy number and cash value of each policy. 22. List all other debts you have (including judgments) with the full name, address and amount of each debt. 23. Please state the amount of adjusted gross income reported on your most recent Federal income tax return, and state what year's return it is. STATE OF COLORADO ) ss. COUNTY OF ) I swear under the penalties of perjury that the Answers to the Interrogatories given above are true and complete to the best of my knowledge and belief. -2- v DEPARTMENT OF PLANNING SERVICES Cases Approved by Administrative Review 6/9/89 through 6/16/89 CASE NUMBER NAME RE-1173 Fischer • Chuck Cunliffe, Direct() DEPARTMENT OF PLANNING SERVICES Cases Approved by Administrative Review 5/26/89 through 6/9/89 CASE NUMBER NAME ZPMR-1555 Pavlica ZPME-1562 Smith ZPMP-1563 Frank Chuck Cunliffe, Director RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 21 , 1989 TAPE X189-24 & #89-25 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, June 21, 1989, 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 C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene R. Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy - Arrived later Also present: Weld County Attorney, Thomas 0. David Acting Clerk to the Board, Tommie Antuna MINUTES: Commissioner Kennedy moved to approve the minutes of the Board of County Commissioners meeting of June 19, 1989, as printed. Commissioner Brantner seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to today's agenda. CONSENT AGENDA: Commissioner Kennedy moved to approve the consent agenda as printed. Commissioner Brantner seconded the motion, and it carried unanimously. PROCLAMATION: PROCLAIM JUNE 22 THROUGH JULY 4, 1989, AS GREELEY INDEPENDENCE STAMPEDE DAYS: Chairman Kirby requested that Commissioner Brantner deliver this Certificate to the Stampede Committee. Let the record reflect that Commissioner Lacy is now present. DEPARTMENT HEADS AND ELECTED OFFICIALS: Al Dominguez, District Attorney, said reorganization is continuing in his office. Mr. Dominguez said he attended an Executive Prosecutor's School in Houston, which dealt with administering a district attorney's office. He commented on the employee manual, which his office is in the process of developing. He said his employees are contacting other district attorney offices in the state and across the nation to obtain information. Mr. Dominguez said each of his employees has been requested to draft a job description. i. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund 5141 ,377.07 Social Services 8,750.53 Handwritten warrants: Payroll 245.57 Commissioner Lacy moved to approve the warrants as presented by Mr. Warden. Commissioner Kennedy seconded the motion which carried unanimously. BIDS: PRESENT CARPET REPLACEMENT — HEALTH DEPT: Mr. Warden read the names of the bidders into the record for this item. He said it is to be considered for approval on July 5. PRESENT CONSTRUCTION OF BRIDGE 58/47B - ROAD & BRIDGE DEPT: Mr. Warden made this item of record and said it is to be considered for approval on July 5. PRESENT MOBILE SHELVING FILE SYSTEM - HEALTH DEPT: Mr. Warden, after making this item of record, said it is to be considered for approval on July 5. APPROVE SHOT ROCK - ROAD & BRIDGE DEPT: Mr. Warden said the recommendation of the Road and Bridge Department is to accept the low bid submitted by Andesite Rock Company in the total amount of '11,000.00. This amount is for Option #2 of the bid, which is to use the vendor's loader and the County's trucks. Commissioner Lacy moved to accept the recommendation in total. Seconded by Commissioner Kennedy, the motion carried unanimously. BUSINESS: NEW: CONSIDER PETITION FOR TAX ABATEMENT FROM MORRIS BRANCH: Commissioner Kirby said Mr. Branch called and said he could not be present at today's meeting. Dick Keirnes, County Assessor, and Phyllis Newby, of the Assessor's Office, presented this matter to the Board. Mr. Keirnes said he recommended approval of this abatement, and he explained the reason for said recommendation. Commissioner Johnson moved to approve the tax abatement for Morris Branch. Commissioner Kennedy seconded the motion which carried unanimously. CONSIDER REQUEST FOR FEST INSPECTOR TO ENTER UPON CERTAIN LANDS: Commissioner Lacy moved to approve the request from the Pest Inspector to enter upon certain lands as stated on the submitted list. The motion, which was seconded by Commissioner Kennedy, carried unanimously. CONSIDER OIL DIVISION ORDER FROM TOTAL PETROLEUM, INC. , ON NE} 528, T5N, R66W, AND AUTHORIZE CHAIRMAN TO SIGN: Tom David, County Attorney, said he had reviewed this Division Order and found it to be in order. Commissioner Lacy moved to approve said Oil Division Order from Total Petroleum, Inc. Commissioner Brantner seconded the motion and it carried unanimously. CONSIDER QUIT CLAIM MINERAL DEED TO S.L.W. RANCH COMPANY ON SI, T5N, R64W, AND AUTHORIZE CHAIRMAN TO SIGN: Mr. David explained this matter, saying that the original deed to the County stated that the property was to revert to the original owner when no longer used as road right-of-way. He said, because this parcel is no longer used for that purpose it is recommended that the Board approve this Mineral Deed, Commissioner Johnson moved to Minutes - June 21, 1989 Page 2 approve the Quit Claim Mineral Deed to S.L.W. Ranch Company on the property above described and authorize the Chairman to sign. The motion was seconded by Commissioner Kennedy. and it carried unanimously. PLANNING: CONSIDER RE #1174 - ARMSTRONG: Lanell Curry, representing the Department of Planning Services, said this request for a Recorded Exemption was submitted by Michael Armstrong. She said this request is to divide a 76-acre parcel of land into two parcels of 75 acres and one acre. Ms. Curry said the opinion of the Planning staff is that sufficient reasons have not been given by the applicant to warrant creating an additional lot. The staff also has concerns about the level of development and the potential for continued divisions occurring in this section. Ms. Curry made of record the number of recorded exemptions which have been approved in this section. She said, if the Board approves this request, the staff has submitted Conditions of Approval. Michael Armstrong, the applicant, came forward to answer questions of the Board. ?" . Armstrong said he intends to sell the one—acre parcel with the house on it, and keep the remainder for agricultural purposes. Commissioner Lacy moved to approve Recorded Exemption #1174 for Michael Armstrong, subject to the recommended conditions. Commissioner Brantner seconded the motion. Upon a roll call vote the motion carried with Commissioner Kennedy voting nay. CONSIDER PROBABLE CAUSE - PHILLIPS PETROLEUM COMPANY/JACK W. ZIMBELMAN: Ms. Curry made this matter of record, saying this concerns Amended Special Use Permit #232. She said the current owner of this property is Jack W. Zimbleman, with the operator being Phillips Petroleum Company. Ms. Curry said the site has been abandoned, but the structures are still on the site, which is in violation of Development Standard #27. The Planning staff recommends that this matter be scheduled for a Show Cause Hearing to consider revocation of said Permit. Jack Zimbleman. property owner, explained his lease of this property with Phillips Petroleum Company. Bob Hart, representing Phillips Petroleum Company, said his company is in the process of completing the closing at this site, then the restoration procedure will begin. Mr. Hart requested that this matter be continued for 120 days. Commissioner Lacy moved to continue this Probable Cause Nearing to October 25 at 9:00 a.m. Commissioner Kennedy seconded the motion, and it carried unanimously. CONSIDER RE #1171 - STELL AND WILSON: Ms. Curry made this matter of record. She stated that Michael McDonough was to have been present to represent the applicant. Commissioner Lacy moved to continue this matter to June 28. The motion was seconded by Commissioner Kennedy, and it carried unanimously. CONSIDFR PROBABLE CAUSE - BAESSLER: Keith Schuett, Planning Department representative, made this matter of record. Mr. Schuett said that Moritz and Sheila Baessler are not in compliance with Development Standards #4, #8, and #9. Mr. Schuett said the Planning staff's recommendation is that a Show Cause Hearing be scheduled concerning this matter. Ted and Sheila Baessler were both present and came forward to answer questions of the Board. Mr. Baessler agreed that they are not in compliance with the Development Standards, and he gave some reasons why the structure has not been completed. Mr. Baessler said it will take at ]east another year to complete the work in the house. Mrs. Baessler made comments concerning the home, and she also requested more time to complete it. Discussion followed concerning the procedure for an extension beyond the six months usually granted for a temporary dwelling. Mr. Minutes - June 21, 1989 Page 3 Schuett said the accessory structure, where the Baesslers are living, was to be for the storage of autos and a canning kitchen, but is now being referred to as a guest house. He said if that is the intent, the Special Review Permit was improperly obtained for that use. (Tape Change 189-25) Mrs. Baessler said the accessory structure is not intended to be used as a guest house when they complete the main house and are able to move into it. Jack Holman, representing the Ogilvie Irrigation and Land Company, said he has received numerous calls from people in the area who are concerned because the work has not been completed on the main structure. Mr. Holman said he feels that there has been enough time to complete the house. He said another concern is the fact that there are advertisement signs on the property, which is not in compliance with the covenants, adding that he is aware the Board has nothing to do with the covenants. Mr. Schuett stated that the building permits for the main structure have expired due to lack of progress shown, and new permits will have to be obtained before further construction takes place there. Mrs. Baessler made further comments. Commissioner Lacy moved to set a Show Cause Hearing for June 27, 1990, at 10:00 a.m. , with the applicants being responsible for obtaining the proper permits. Commissioner Johnson seconded the motion which carried unanimously. CONSIDER RESOLUTION RE: BUILDING CODE VIOLATIONS - BASHOR: Commissioner Lacy moved to approve this Resolution authorizing the County Attorney to proceed with legal action against Duane, Millard and Warren Bashor for violations of the Weld County Building Code Ordinance. Commissioner Johnson seconded the motion, and it 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. cr./7,24./2/1z APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Boar C.W. Kirby, Chair n i yy By: iraCente Cc/ AGt.122QJ Deputy County C erk c John . Pro-Tem J Gene R. Brantner •eorge en edy �l ' Cord n L°. ac_ v Minutes - June 21 , 1989 Page 4 RECORD OF PROCEEDINGS AGENDA Monday, June 26, 1989 Tape #89-25 ROLL CALL: C.W. Kirby, Chairman Jacqueline Johnson, Pro-Tem Gene R. Brantner George Kennedy Cordon E. Lacy MINUTES: Approval of minutes of June 21, 1989 CERTIFICATIONS OF HEARINGS: Hearings conducted on June 21, 1989: 1) Special Review Permit, Cubbison; 2) Special Review Permit, Branch; and 3) Show Cause Hearing. Mike Cervi, dba Roggen Disposal, Inc. ADDITIONS TO AGENDA: None APPROVAL OF CONSENT AGENDA: PRESENTATION: 1) Recognition of Services - Robert Armiio COMMISSIONER COORDINATOR 1) Communication Services - Brantner REPORTS: 2) Engineering Services - Lacy 3) Health Services - Kennedy 4) Planning Services - Johnson 5) Purchasing b Personnel - Kirby COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BUSINESS: NEW: 1) Consider Medical and Dental Agreements between Migrant Head Start and Sunrise Health Center and authorize Chairman to sign 2) Consider various Purchase of Services Agreements for Employment Services and authorize Chairman to sign 3) Consider Purchase of Services Agreement with WELDCOS and authorize Chairman to sign 4) Consider Purchase of Services Agreement with Greeley Transitional House and authorize Chairman to sign 5) Consider Purchase of Services Agreement with UNC and authorize Chairman to sign 6) Consider Contract and Novation Agreement between Flatiron Paving Company and Western-Mobile, Inc. , and authorize Chairman to sign 7) Consider Petition for Local Improvement District and set Intent Hearing - 77th Avenue 8) Consider Change Order for WCR 5 with Siegrist Construction and authorize Chairman to sign 9) Consider installation of traffic control devices on WCR 16 at WCR 79 10) Consider Resolution re: Appointments and reappointment to Community Corrections Board 11) Consider Resolution re: Appointments and reappointment to Weld County Health Advisory Board 12) Consider Resolution re: Appointments to Retirement Board 13) Consider Resolution re: Temporary closure of WCR 19 between WCR 44 and 46 14) Consider Resolution re: Cancel Board of County Commissioners meeting for July 19, 1989 15) Consider Resolution re: Imprest Fund for Social Services Department 16) Consider Resolution re: Community Development Block Grant Contract with State Department of Local Affairs and authorize Chairman to sign 17) Final Reading of Ordinance Number 89-Q, Amendments to Weld County Zoning Ordinance PLANNING: 1) Consider Resolution re: Building Code Violations - Basin Exploration; and Dietrich CONSENT AGENDA APPOINTMENTS: Jun 26 - Work Session 10:00 AM Jun 26 - NCMC Board of Trustees 12:C0 NOON Jun 26 - Private Industry Council 3:00 PM Jun 26 - Weld Mental Health Board 7:30 PM Jun 27 - Public Health Board 9:00 AM Jun 27 - Housing Authority 11 :30 AM Jun 27 - E-911 Telephone Authority Board 12:00 NOON Jun 28 - EDAP 7:00 AN Jun 30 - Centennial Developmental Services 8:00 AM Jul 3 — HOLIDAY Jul 4 - HOLIDAY Jul 5 - Work Session 1:00 PM Jul 5 - County Council 7:30 PM Jul 6 - Planning Commission Meeting 1:30 PM Jul 6 - Local Emergency Planning Committee 2:00 PM Jul 6 - Island Grove Park Advisory Board 3:30 PM HEARINGS: Jun 28 - Show Cause Hearing, Howard Duckworth, dba Weld County Disposal 10:00 AM Jun 28 - Show Cause Hearing, High Country Turf, et al. 10:00 AM Jul 12 - Creation of Casa Grande/Enchanted Hills Local Improvement District 10:00 AM Jul 12 - Amendments to Weld County Zoning Ordinance 10:00 AM REPORTS: 1) George Goodell. Road and Bridge Director - Road opening COMMUNICATIONS: 1) Natural Energy Resources Company re: Two Forks 2) Town of Erie re: Annexation petition - Daniel Horst 3) State Water Quality Control Commission - Notice of Public Rulemaking Hearing (available in Clerk to Board's Office) 4) Property Tax Administrator - Approved Abatement Petitior. for Cowan Concrete Products Inc. 5) State Dept. of Highways Newsletter #89-24 6) The Water Supply and Storage Company re: Blowing weeds 7) Colorado Counties Inc. , re: Bridge Structures and Notification of Project Approval 8) State Dept. of Health re: Wixco Services, Inc., Proposed Infectious Waste Incinerator near Hudson 9) Flatiron Companies re: Sale of Flatiron operations RESOLUTIONS: * 1) Approve request for Pest Inspector to enter upon certain lands * 2) Approve Oil Division Order from Total Petroleum, Inc. , on NE} 528, TSN, R66W * 3) Approve Quit Claim Mineral Deed to S.L.W. Ranch Company on Si, T5N, R64W * 4) Approve RE #1174 - Armstrong * 5) Approve Board action concerning Probable Cause - Phillips Petroleum Company/Jack W. Zimbelman * 6) Approve cancellation of Board meeting for July 19, 1989 * 7) Approve Board action concerning Probable Cause - Baessler * 8) Approve Special Review Permit - Cubbison * 9) Approve Special Review Permit - Branch * 10) Dismiss Show Cause Hearing - Mike Cervi, dba Roggen Disposal, Inc. * II) Approve appointments and reappointment to Community Corrections Board * 12) Approve appointments and reappointment to Weld County Health Advisory Board * 13) Approve authorization for County Attorney to proceed with legal action - Building Code Violations * 14) Approve appointments to Retirement Board * 15) Approve temporary closure of WCR 19 between WCR 44 and 46 * 16) Approve modification of Imprest Fund for Social Services Department * 17) Approve Community Development Block Grant Contract with State Department of Local Affairs CHANGE ORDER: * 1) WCR 5 - Siegrist Construction ORDINANCE: * 1) Final Reading of Ordinance Number 89-Q, Amendments to Weld County Zoning Ordinance * Signed at this meeting Monday, June 26, 1989 RESOLUTION RE: APPROVE ENTRY BY WELD COUNTY PEST INSPECTOR UPON VARIOUS LANDS 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 either May 15 , May 24 , or June 2 , 1989 , Ron Erode., Weld County Pest Inspector, mailed notices to various landowners within Weld County advising them that lands owned or occupied by them contain Canada thistle, field bindweed, leafy spurge, and/or Russian knapweed , noxious weeds, and WHEREAS, said notices stated that the Canada thistle, field bindweed , leafy spurge, and/or Russian knapweed, noxious weeds, must be controlled or eradicated within ten days from the date of said notices, and gave recommendations as to what methods are to be used for such control or eradication, and WHEREAS, a copy of said list, containing the legal descriptions of the lands , and the names of those landowners who have failed to comply with said recommendations, is attached hereto and incorporated herein by reference, and WHEREAS, the County Pest Inspector has requested that the Board approve hit entry upon lands, as set forth in said list, to effect the control or eradication of Canada thistle, field bindweed, leafy spurge, and/or Russian knapweed, noxious weeds, and WHEREAS, at its meeting of June 21 , 1989 , the Board did Find as follows: 1) That those landowners mentioned on the list are the owners of said land within a pest control district; 2) That Canada thistle, field bindweed, leafy spurge, and/or Russian knapweed , noxious weeds, are found upon said lands; 3) That raid landowners have received appropriate notice and such notice specified the best available means for control or eradication of Canada thistle, field bindweed, leafy spurge, and/or Russian knapweed, noxious weeds; and 4) That said landowners have not complied with the requirements as stated by the County Pest Inspector, and WHEREAS, pursuant to said Findings the Board deems it advisable to approve the entry by Ron Broda, Weld County Pest Inspector, upon said lands described in the list attached hereto, to effect the control or eradication of Canada thistle, field bindweed, leafy spurge, and/or Russian knapweed, noxious weeds. 890519 Page 2 RE: ENTRY UPON LANDS NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board does hereby approve the entry by Ron Broda, Weld County Pest Inspector, upon various lands as set forth in the list attached hereto to effect the control or eradication of Canada thistle, field bindweed, leafy spurge , and/or Russian knapweed, noxious weeds. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 21st day of June , A.D. , 1989 . • BOARD OF COUNTY CON"/TSSTONERF ATTEST: ‘727218 WE',D COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.W. irtt r y, Ch irman gY / � �� taaa a ' ne J&'n%o-Tem :e puty County erk APPROVED AS TO FORM.: _.ene R. Bran_ er 7.,Le.---� n _- O eorae Kenn County Attorney Gordo* oy i R90519 WELD COUNTY PEST AND WEED DEPARTMENT 425 NORTH 15TH AVENUE 7j ? E%HIBITION BUILDING, ISLAND GROVE PARK I�� GREELEY,COLORADO 80631 WI PHONE NUMBER(303)356.4000, E%T, 4465 k COLORADO June 8, 1989 Dear Weld County Commissioners: Under the Pest Control District Law, CRS, 35-5-108, I must seek approval or a right of entry from the Board of County Commissioners to enter on private land to carry out weed control measures. Below is a list of landowners, and the legal description of their land, that we may have to enforce on. I am seeking your approval to enter upon these lands. Name Legal Parcel CAROLYN & RAYMOND CEISLER T1N R64W SEC 1 S2 NE4 147501000018 RON & DIANE MAYNARD TIN R65W SEC 1 NE4 NW4 147301000015 MARVIN D. SWANSON TIN R63W SEC 27 SE4 SE4 147727000008 RANDALL INVESTMENTS T1N R63W SEC 34 SE4 NE4 147734000007 HARRY PIPPIN & LUCILLE CARDER T1N R63W SEC 27 NW4 147727000013 T1N R63W SEC 27 PTE2, PTW2 147727000010 HARRY A PIPPIN TRUSTEES T1N R63W SEC 22 SW4 147722000020 SCOLITE INTERNATIONAL T2N R64W SEC 20 SW4 130528000011 RICHARD HEIN T1N R63W SEC 13 SW4 147513000023 RUBEN & MARIE HERGENREDER TIN R63W SEC 18 NW4 147718000001 COZZENS FARMS CO. T7N R66W SEC 36 NE4 (ALONG BOYE LATERAL) NOFFSINGER MFG CO. T7N R66W SEC 36 NE4 (ALONG BOYE LATERAL) MARION ROBINSON & JOHN RHOADS T2N R64W SEC 33 N2 NE4 130533000009 HIGHLAND DITCH C/0 LEONARD NELSON T3N R68W SEC 21 SE4 T3N R68W SEC 22 S2 PIERCE LATERAL C/0 BLAIN SOUTHERS T8N R66W SEC 21, 22, 23, 27, 28 PUBLIC SERVICE CO OF COLORADO T5N R66W SEC 5 S2 N2 SW4 095905000062 LARRY LOEFFLER T4N R65W SEC 26 S2 105526000003 The weed notices were mailed on either May 15, 24 or June 2, 1989. requesting control of one or more of the following weed species: Canada thistle (Cirsium_arvense) , field bindweed (Convolvulus aivensis) , leafy spurge (Euphorbia esula) and/or Russian knapweed (Centaurea repens). Enclosed are copies of three of the notices sent at the different dates. Thank you for your assistance. Sincerely. Ronald J. Broda Weld County Pest Inspector 890519 SOTICF OF THE NEED FOR CONTROL OR ERADICATION OF NOXIOUS WEEDS REUBEN & MARIE HERGENREDER 3710 WCR 61 KEENESBURG CO 80643 Be advised that I, Ron Broda, Weld County Pest Inspector hereby give you notice in accordance with Section 35-5-108(1), CRS, of the presence of noxious weeds, specifically CANADA THISTLR (Cicsium arvense) on a parcel of land which is owned, leased, and/or occupied by you, and is described as follows: Legal - TIN R63W SEC 18 NW4 Parcel - 147718000001 This land is in the SOUTHEAST WELD Pest Control District. When Canada thistle is in the rosette stage it is easier to control. The best method of control or eradication is to use herbicides that are labeled for the specific weed and site. or by mechanical means. such as mowing £our r_o five times during the summer. The plants must be kept from going. to seed. If you need help with herbicide rated lease feel free to call me at 356-4000 Ext. 4465 Pursuant to Section 35-5-108(1) , CRS, you are required to use one of these methods to control or eradicate these weeds. If you do not comply with the aforementioned required by May 25 1989, or call me about establishing a mechanical control program, I will ask the Weld County Board of County Commissioners to approve my entry upon such parcel to control or eradicate such noxious weeds, pursuant to Section 35-5-108(2) , CRS, at your expense, as provided in Section 35-5-108(3) , CRS. May 15, 1989 Ronald J Broda Weld County Pest Inspector 890519 I OTTCP THE NFFD FOR CONTROL OR ERADICATIQN OF NOXIOUS WEED$, PUBLIC SERVICE COMPANY OF COLORADO PO BOX 840 DENVER CO 80202 Be advised that I, Ron Broda, Weld County Pest Inspector hereby give you notice in accordance with Section 35-5-108(1), CRS, of the presence of noxious weeds, specifically CANADA THIVT.F, (Cirsi, m arvense) on a parcel of land which is owned, leased, and/or occupied by you, and is described• as follows: Legal - TSN R66W SEC 5 S2 N2 SW4 Parcel - 095905000062 This land is in the WINDSOR-SEVERANCE Pest Control District. When Canada thistle is in the rosette stage it is easier to control. The best method of control or eradication is to nce herhiricies thar are labeled for the specific weed and site or by mechanical means such as mowing four to five times during the summer. The plants must _be kept from going to seed If you need help with herbicide rates. please feel free to call me at 356-4000 Ext 4465. Pursuant to Section 35-5-108(1) , CRS, you are required to use one of these methods to control or eradicate these weeds. If you do not comply with the aforementioned required by June 3 1989, or call me about establishing a mechanical control program, I will ask the Weld County Board of County Commissioners to approve my entry upon such parcel to control or eradicate such noxious weeds, pursuant to Section 35-5-108(2) , CRS, at your expense, as provided in Section 35-5-108(3) , CRS. May 24, 1989 Ronald J Broda Weld County Pest Inspector 890519 NOTIcp OF THE NEED FOR CONTROL OR ERADICATION OF NOXICO WEED,E HARRY PIPPIN AND LUCILLE CARDER 27995 PIPPIN LANE KEENESBURG CO 80643 Be advised that I, Ron Broda, Weld County Pest Inspector hereby give you notice in accordance with Section 35-5-108(1), CRS, of the presence of noxious weeds, specifically CANADA THISTLF. (Cirsium arvense) and FIELD BINDWEED (Convolvulus arvensiq) on a parcel of land which is owned, leased, and/or occupied by you, and is described as follows: Legal - T1N R63W SEC 27 NW4 Parcel - 147727000013 T1N R63W SEC 27 PT E2, PT W2 147727000010 This land is in the SOUTHEAST WELD Pest Control District. Because these weeds are nearing bloom stage and will produce viable seed, they must be controlled or eradicated. The best method of control or eradication is to use herbicides 'that are labeled for the specific Pest and site. or by mowing every ?4-2? ays (3 5 rimes a v a ) k eDi„o 1,g. plants from gcinz to seed. If you need help with herbicide rates and riming. 'lease feel free to call me at 356-4000. ext. 4465. Pursuant to Section 35-5-108(1) , CRS, you are required to use one of these methods to control or eradicate these weeds. If you do not comply with the aforementioned required by June 12. 1989, I will ask the Weld County Board of County Commissioners to approve my entry upon such parcel to control or eradicate such noxious weeds, pursuant to Section 35-5-108(2), CRS, at your expense, as provided in Section 35-5-108(3), CRS. JUNE 2, 1989 Ronald J Broda Weld County Pest Inspector 890319 RESOLUTION RE: APPROVE OIL DIVISION ORDER FROM TOTAL PETROLEUM, INC. , 515 CENTRAL PARK DRIVE, OKLAHOMA CITY, OKLAHOMA 73105, 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 Baker Oil Corp. , and WHEREAS, said lease covers land more particularly described as follows: Township 5 North, Range 66 West, 6th P.M. Section 28 , NE/4 From the surface down to and including the base of the Codell Sandstone Formation Weld County, Colorado WHEREAS, Total Petroleum, Inc. , has submitted an Oil Division Order on the subject property, and WHEREAS, said Oil Division Order concerns the Wiedeman PM-J28-2 well located in the W/4 of said parcel and the Wiedeman PM-J28-7 well located in the SW/4 of said parcel , 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 Oil Division Order as submitted by Total Petroleum, Inc. , 515 Central Park Drive, Oklahoma City, Oklahoma 73105 , on the hereinabove described parcel of land be, and hereby is, approved. 1 890520 Page 2 RE: OIL DIVISION ORDER - TOTAL PETROLEUM, INC. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Division Order. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of June, A.D. , 1969. y j BOARD OF COUNTY COMMISSIONERS ATTEST: TFx�t/td r'�„�J WELD COUNTY, COLORADO Weld County erk and Recorder ; , and Clerk to the Board C.W. irby, Ch rman C :ce,6)i.itince_lY; �,,K„y,, l � .ir Jnson, Pro-Tem Dcpply County erk/APPROVED AS TO FORM: R. flranntner r O ge IZEri1K1 Y — County Attorney / ' GorL r ,. 890520 Lease Number 302600 Total Petroleum,Inc. DIVISION ORDER and 302601 LGT TO: 515 Central Park Drive Oklahoma City, OK 73105 February. 6 : ro:- 89 The undersigned, and each of us, certify and guarantee that we are the legal owners of and hereby warrant the ',tie to our respective interests as set out below in all oil produced from all wells on the THE ROBERT GERRITY COMPANY -- WIEDE:fAN PM-328-2 AND WIEDiw1AN PM-J28-7 farm or lease, located :n Weld County, State of Colorado . more particularly described as follow:: WIEDE`Vi PM-328-2: NW/4 NE/4 of Section 28-5N-66W, from the surface down to and including the base of the Codell Sandstone Formation. (Lease Number 302600) . WIEDE'tAN PM-328-7: SW/4 NE/4 of Section 28-5N-66W, from the surface down to and including the base of the CodellSandstone Formation. (Lease Number 302601) . AR2183319 Effective 7 a.m.,/IAVga/r%f First Run . 19 89 _,and until further written notice. you are hereby authorized to receive, purchase and give credit for all oil received from said property subject to the conditions, covenants and directions following: CREDIT TO DIVISION OF INTEREST ADDRESS NO o U See Reverse Side. O .~ O o m p: onto o o Ix ty} f4 a a 0 0 ty1 .-1 a O c , X a FIRST; The od purchased in pursuance of this Division Order shall be merchantable and become your property upon delivery thereof to you Or to any pipe fine designated by you. yo Quantities of oil run and purchased hereunder shall be computed in terra of 42 U.S.gallons pet barrel from regularly compiled tank tables showing the full capacity of the tanks.CoiCtihe tT a for temperature and deductions for dirt,sediment and other impurities are to be made in accordance with your rules,regulations and customs in effect at the time and p th e of delivery the CO J oil shall be steamed or treated when neceaury to render it merchantable, SECOND'The fel rere,ves in r„misnre M she f>yfy,on Order ehJ law pcd for to the party or p:,.t,.,enu+d thereto accordiha io Jr,wvn u serers anuwn euove at me price for each rn Z day's receipu posted and upon the basis therein indicated on that day by you for the same kind and quality of oil in the field in which it is received.If it is necessary to transport crude oil N I—I hereunder by truck,then,an that event,you are authorised to deduct from such once Ow trucking charges.together with Federal Transportation Tax thereon.Should the oil be mid by you to tat another purchaser accepting delivery thereof at the lease tanks,settlement thereof shall be based upon the price received by you for such od and upon the volume computation made by such up r purchaser.Pit/MIMS shall be made monthly for oil received and purchased during the preceding month by your check,delivered or mailed to the respective partwe at the addre,aea stated. O h However,it is agreed.if the amount payable to any of the undersigned is lees than Ten Dolan during env month,you may withhold payment thereof,without interns,and in lieu o,monthly a settlement, make paymem at such nine as a minimum sum of Ten Dollars has accumulated to the credit or the undersigned.provided, however, that settlement shun he made at:east once rW during each calendar year.regardless of the amount which has accumulated to the credit of the undersigned.Pipe line grades and measurements art to govern and control in all,eolemen,., wMect to the provisions of price peelings above referred t0 concerning computation of quantities. The undersigned authorize you m withhold from the proceeds of any and all run. made 01 hereunder the amount of any tax placed thereon,or on the production thereof,by any governmental authority,and to pay the same in our behalf, r1 5.1 en Da THIRD. In case of any question, controversy or adverse claim Of title which in your opinion adversely affects title to any .merest credited hereunder, or in case title shall no, he en satisfactory to you at any time during the term of this division order.each of the undersigned agrees ro Nmrah complete abstract of title and other evidence of title satisfactory.o iii.rod co Z euthenics you to retain the purchase puce of the oil without obligation to pay interest on the amount so withheld.until satisfactory indemnity shall he furnished you against such que.mm. ,—, Z controversy,adverse claim or env such defects in title,or until any question,controversy,adverse claim or defect to owners btu is settled to your satisfaction.In the event•tan is riled,n Artv (N et court affecting title to oil purchased hereunder,either before or after severance, the undersigned agree to indemnify and save you harmless from any and all costs in connection with eon O action, including attorneys'fees;and further the undersigned agree to indemnity end save you harmless and any carrier transporting said oil for your account against any and all liabd,n for loss,cost,damage and expense,including attorney:fees,which you or the earner may suffer or incur on account of receiving,transporting and paying is for said oil. J a FOURTH:The undersigned severally agree to notify you of any change of ownership and no tauten of interest shall be binding upon you until transfer order and the recorded,n.mrmrnt +1 5 evidencing such transfer,or a certified copy thereof,shall be furnished you.Transfers of interest shall be made effective on the first day of the calendar month in winch notice a received be a A you.You are hereby relieved of any respOmibility for determining if and when any of the interests hereinabove jet forth shall or should revert to or be owned by other parries either a result of the completion or discharge of money or other payments from said interests,Or otherwise:and the signers hereof whose interests are affected by such money sir either,payment.. ,; ip CO any,or by the reversion or change of an intern for any ocher reason,agree to ewe you notice in writing by registered letter addressed to you at Oklahoma City,Okihoma. apes rani such guy .d, money or other payments have been completed or discharged or when any other div,aion of interest than that set forth above shall.for any reason,become effective and to mreoh ,tanner N en orders accordingly,and that in the event such nonce shall not he received,you shall he held harmless in the event of,and are hereby released from any and all damage or gins who h might Q arise id out of any overpayment.The undersigned hereby further agree!to reimburse you for all amounts incorrectly p to the undersigned fit the abWPdesceibed property. FIFTH: Working Interest owners and/or Operators who sign this Division Order, and each of them, guarantee and warrant for your benefit and that of any pipeline ,,r ..Ihrr gone. designated by you to run or transport said oil,that all oil tendered hereunder has been and/or will be produced in accordance with applicable Uwe and/or official roles and reguiainms SIXTH:This Divisiohbrder shall become valid and binding on each and every owner above named as soon as signed by such owner.regardless of whether or not all iii the a?•:v s..med owners have no signed and shall likewise Or binding upon the helm personal representatives,successors and assigns of the parties hereto,and the undersigned herrn.'agree=•sit t.v'err; and conditions of the a N1 Order now in effect and force. SfON TORE Q S SIGNATURE OF OWNERS SOCIAL SECURITY n I rE�I• " tJ WELD COUNTY, COLORADO ��/ ti E '' , al a 84-6000813 C.W."Kx�b C al an Board of County ommissioners IMPORTANT: To avoid delay in payment, please show your correct address and your social security number or tax identiticanon number. Individual signatures must be witnessed by a disinterested person. j40'0te atILh4 QPCo. „�1 890520 ti Division Order Lease lumber 302600 and Lease Number 302601 February 6, 1989 ;:\ Page Two Nc Ci o For both Lease lumber 302600 -- Effective First Rue (January 23, 1989) • and Lease lumber 302601 -- Effective First Run (January 22, 1989) N J A c CREDIT TO FRACTIONAL INTEREST DECIMAL INTRUST • oCG a WELD COUNTY COLORADO 1/8 .1250000 R.I. 0 C a ALARADO RESOURCES, LIMITED 1/2 X .085 .0425000 O.R.I. " 's TED E. AMSBAUGR 1/4 X 6/7 X .035 .0128125 O.R.I. • X PLUS .0625 X .085 w m a JEANNE A. ANDERSON .10 X 1/7 X .035 .0005000 O.R.I. co " z BAKER OIL CORP. 1/2 X .01 X 8/8 .0050000 0.R.I. N H C) BARRETT ENERGY COMPANY 1/4 X 6/7 X .035 .0204625 O.R.I. PLUS .1525 X .085 rn0 m• u., VICKI L. CLARK .15 X 1/7 X .035 .0007500 O.R.I. m co r+ z STEPHEN B. EVANS 1/4 X 6/7 X .035 .0128125 O.R.I. N4 PLUS .0625 X .085 P BARRY L. SNYDER 1/4 X 6/7 X .035 .0128125 O.R.I. x PLUS .0625 X .085 tea, N M CHRISTINA L. SNYDER 3/8 X 1/7 X .035 .0018750 O.R.I. o M u. LAURENCE N. wATTS 3/8 X 1/7 X .035, .0018750 O.R.I. ZENITH DRILLING CORP. .16 X .085 .0136000 O.R.I. THE ROBERT GERRITY COMPANY 3/4 X 8/8 .7500000 W.I. 89052O Z TOTAL Total Petroleum,Inc. sLITE 200 515 CENTRAL PAR" DRIVE OKLAHOMA CITY OKLAHOMA 731059702 TELEPHONE 405 525.0100 June 14, 1989 Weld County, Colorado Board of County Commissioners Weld County Centennial Center 915 - 10th Street Greeley, Colorado 80631 Reference: Wiedeman PM-J 28-2 -- Lease Number 302600 Weld County, Colorado Gentlemen: A recent review of our records reveals that we have not yet received your signed Division Order covering your interest in and to above referenced property. As purchaser of oil produced from this well, we are most anxious to have all owners in an open-for-pay status. For this reason and for your convenience, we are enclosing another set of division orders for execution by the authorized individual. The signature must be witnessed by a disinterested individual. Spaces are provided for your mailing address and taxpayer identification number; these must be completed for payment purposes. After the Division Order has been executed, one original form is to be returned to me and the other copy is to be retained by you for your records. Upon compliance with the foregoing, your interest will be placed in line for payment. We look forward to your early reply. Thank you. Sincerely, diftwa: �. LISA G. TEAGUE Division Order Analyst (405) 557-7064 LGTspdj Enclosures S90b20 m0 RESOLUTION OQ 0 N Q RE: APPROVE QUIT CLAIM DEED TO S.L.W. RANCH COMPANY, CONCERNING 'er MINERAL INTERESTS LOCATED IN SECTION 1 , TOWNSHIP 5 NORTH, o $ c RANGE 64 WEST, AND AUTHORIZE CHAIRMAN TO SIGN yr '.s7 a 0 w WHEREAS, the Board of County Commissioners of Weld County, x Colorado, pursuant to Colorado statute and the Weld County F'ome Rule Charter, is vested with the authority of admi.nisterinq the affairs of Weld County, Colorado, and x rn .a WHEREAS, the Board has been presented with a request to ro H disclaim any rights which it may have in the mineral interests "44 located in portions of Section 3 , Township 5 North, Range 64 West o co of the 6th P.M. , Weld County, Colorado, more fully described in x the Quit Claim Deed, a copy of which is attached hereto and o incorporated herein by reference, and o � m M co z WHEREAS, said land was conveyed to Weld County by Quit Claim o Deed dated December 4 , 1899 , and recorded in Book 130 at Page 299 c."44 in the records of the Weld County Clerk and Recorder, for road rAl a purposes only, and a �. O N WHEREAS, after study and review, the Board deems it advisable to approve the Quit Claim Deed conveying all mineral interests the w w Board may have to the present owner, S .L.W. Ranch Company. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Quit Claim Deed for the hereinabove mentioned parcel , conveying all mineral interests the Board may have to S.L.W. Ranch Company be, and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Quit Claim Deed. 890521 • Page 2 OJO RE: QUIT CLAIM DEED - S .L.W. RANCF COMPANY 0 m O The above and foregoing Resolution was, on motion duly made A and seconded, adopted by the following vote on the 21st day of o June, A.D. , 1989. 0 0 PS tfii '" �u/tiata �t/ BOARD OF COUNTY COMMISSIONERS ATTEST: "' n" ` WELD COUNTY, COLORADO a O Weld unty ,Clerk and Recorder c and Ct ; nce Board C.W. Kirby, C irman .. w sasair_ RY-� y,� �, c 1 e Joh n, Pro-Tem CA eputy ounty erk ,An N z APPROVED AS TO FORM: Gene R. Brantner N C4 4,2-7 CD o z Georg E n`edv o `w C unty Attorney l co E� z / N C P a rte' me M � a 890521 M o QUIT CLAIM MINERAL DEED U O • o THIS QUIT CLAIM MINERAL DEED is made this 21A tday of gnq , a 1989, by and between WELD COUNTY, COLORADO, a political subdivision e 14 of the State of Colorado acting by and through the Board of County • Commissioners of the County of Weld ("Weld County") , as Grantor; v g and S.L.W. RANCH COMPANY, a Colorado corporation, whose address is x 550 Greeley National Bank Plaza, Greeley, Colorado 80631, as Grantee. U r z FOR $10 and other valuable consideration, Weld County does .I hereby sell, convey, transfer and quitclaim unto S.L.W. Ranch u, � Company, all of Weld County's right, title and interest in and to x all oil, gas and other minerals in and under and that may be pro- m� duced from the following tract of land in Weld County, Colorado: CrNa Township 5 North, Range 64 West, 6th P.M. z Section 1: N I-1 1/4O H a) A strip of land 30 feet wide off the N/2 of Section 1, and 0 w b) A strip of land 30 feet wide off the south side of the S/2N/2 of Section 1, 0o z and z (NI c) A strip of land 30 feet wide off the U a north side of the N/2S/2 of Section 1. '47 Kg GK IT is the intent of this instrument only to convey to the 1/4O1/4O Grantee any interest in the oil, gas and other minerals in and •,, p under the above described lands which Weld County may have acquired r- under and by virtue of the certain Quit Claim Deed dated December mu. 4, 1899, recorded December 7, 1899 in Book 130 at Page 299 of the real property records of Weld County, Colorado. This deed is made without warranty of title, express or implied. IN WITNESS WHEREOF, this instrument is executed as of the date first above written. ATTEST: f BOARD OF COUNTY COMMISSIONERS WWELD COUNT ERK & RECORDER WELD COUNTY, COLORADO • -By� 4 tc2 By: /,‘ 890521 PURPORTED COPY RESOLUTION RE: APPROVAL OE RECORDED EXEMPTION NO. 1174 - MICHAEL M. ARMSTRONG 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, pursuant to its authority under Section 30-28-101 (70) (d) , CRS, as amended, did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption No. 1174, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land" , and WHEREAS, the request for Recorded Exemption No. 1174 was submitted by Michael M. Armstrong for property which is described as Lot B of Recorded Exemption *656, located in part of the S SEA , Section 2 , Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A" , said plat to be recorded., and WHEREAS, this request is to divide the property into parcels estimated to be approximately 75 acres and 1 acre. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land" . BE IT FURTHER RESOLVED by the Board that this approval is subject to the following conditions: 1 . The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 9-2C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within sixty days from the date of approval by the Poard of County Commissioners. The applicant shall be responsible for paying the recording fees. 890526 Page 2 RE: RE x!1174 - ARMSTRONG 2. A Weld County septic permit is required for the proposed home and its septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations . 3 . An ISDS evaluation by the Weld County Health Department on all existing septic systems will be necessary prior to issuing the required septic permits on the existing system. 4 . The size of the smaller lot shall not be less than one acre . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of June, A.D. , 1989. BOARD OF COUNTY COMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Jerk and Recorder /4/et (AYE) and Clerk to the Board C. Kir y, C irman / I (AYE) ' BY: Ir gt.r i lip"( / Ta ine 'ohnson, Pro-Tem C g eputy County ems (AYE) APPROVED AS TO FORM: ,ene R. Brantner -- � (NAY) Georgee edy / County Attorney /. qq� (AYE) Go/ .. Ida✓� 890526 • 1 DEPARTMENT OF PLANNING SERVICES!' // PHONE(303)358.4000 EXT.4400 91510th STREET lig GREELEY.COLORADO 80631 4/ COLORADO June 21, 1989 GA Board of County Commissioners Weld County Centennial Complex 915 10th Street Greeley, CO 80631 Subject: Recorded Exemption 01174 — Michael W. Armstrong Dear Commissioners: This request for a recorded exemption is submitted by Michael W. Armstrong. The parcel of land on which this request is being made is\described as Lot B of Recorded Exemption 1t656,)located in part of the Si SE} of Section 2, T6N, R65W, Weld County, Colorado. The property is located approximately 3.5 miles east of the Town of Eaton, west of Weld County Road 47 and north of Weld County Road 72. This request is to divide a 76 acre parcel of land, which is the total contiguous land holdings of the applicant, into 2 parcels of 75 acres and 1 acre. more or less. Access to both parcels is available from Weld County Road 72, a county local gravel road. North Weld County Water District currently supplies water service to the proposed smaller lot and has stated that water service can be mach available to the proposed larger lot. A septic system exists on the smaller lot and is proposed on the larger loc. 890526 Board of County Commissioners RE-1174 Page 2 It is the opinion of the Department of Planning Services' staff that sufficient reasons have nor been given by the applicant to warrant creating an additional lot at this time. The Department of Planning Services' staff has concerns about the level of development and the potential for continued divisions occurring in this section. The staff would like the Board to be aware of the developtent pattern that has occurred in this area and to consider whether this type of piecemeal development should be allowed to continue. In December, 1923, Recorded Exemption 656 was approved, which created this lot now owned by Michael W. Armstrong. Four additional recorded exemption applications have been approved in this section since 1975, making a total of 13 parcels in this section. In the section immediately east of this section, four recorded exemption applications have been approved since 1974. Four recorded exemption applications have been approved in the section immediately south of this section since 1974. Development in this area is reaching a level where continued divisions may evade the intent and purpose of the Weld County Subdivision Regulations. In addition, residential development in rural areas necessitates an increased demand for road maintenance, police and fire protection, school busing, snow removal, utilities, and other urban services. As density increases, so do service demands. The staff requests that the Board of County Commissioners consider the application and determine if the standards of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations have been net. nespeccfully submitted, Lanell J. Curry Current Planner LJC:dn 890326 Conditions of Approval RE-1174 Michael W. Armstrong 1 . The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall he prepared in accordance with the requirements of Section. 9-2 C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within sixty (60) days from the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the recording fees. 2. A Weld County septic permit is required for the proposed home and its septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. 3. An ISDS evaluation by the Weld County Health Department on all existing septic systems will be necessary prior to issuing the required septic permits on the existing system. 4. The size of the smaller lot shall not be less than one acre. 890526 •.. • .•• k ••r"F I .;. 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V § \ \ ) I . i _____A \i\\ \.\\:1 d 1. 1 4 jI e., , C N\ \\\N t.-----!:\c‘ ‘V-' :?•\:`. c ( \\ I\ -- \ i \ I �u II •05,, -\ \ iv, \, i ll ) K --4"."-V\*±„..._7\ Iii I' L \ 641 4111 p \ it\ \ \ II 1 I \v\r2i. -,-. / ,\'`\\ N \ "'111888 1 \ I! ll {B]5 39 il \\Th < ; I ' \1 !rib r ♦. .1 ..1113 1' 1 �ri 1J \ „,,,i, ' NII;� ��., \\\.\\\ ,/////''�' \41600 I / /t �f�\ .I\1 11, f /� � ne _ S) \ . .`416 10 \\\ \`l� 0\ 1 S il ) 112 ; ri j \. % _ 47. ._ mil. • / • 41.594 ••r. 1-3 r•iM -r- - NI _ , 417 J' r � � _ J ;II? ? 8905 I `ter r �.� Ye ��1 \; �h) 14 �._ one m Sch ! 43 .♦ ♦.• .4°..,� ' _ , . . 1 4 .�4y:...� r ,«.ti..^ �_ fit- . . 1 r • . _ u � ��w .& !. , tl..r..• tw�+.r. �.,._"' w ;`!•'r •' ` Kg..w.,. ' .•1 i �, to ° -• 4.$. f♦•t 'k i, 4 _s /• •w•....w 11.'! '-'44:01/,;...1/4t4 .`I 4�• YQ•11.:r.r a. J c '' '''.:75.S. : • t`i1 90 , , d• .•.` A•� ` ° 34 ',gn•ryir' f ..�, - .r 4T;. so,. �•v.Cr r' + A • sue_ 'A4;,4 _ ' F/40 ' t r • IMgt Z'�r{F� �.t, ei+,'� ,ss'!. `:. ti r•PPPP _ 4d icel4 •^1'.... 5% tt . A ,D „ ►> try f. NGI 4 FTC _`�,,�i. 1.w+.� I l F^�4r ._ '.! f4•.. Y^ • Aly4 t f..a� �� . 41: • ,� M me•„yf Ia/8 r .,((ry�hhpp - , -' y 'ct 3,• I __ ,• \ �•: ,y .r.....' 'e. y C w° 4 t x e, h r �, aid + /' S1'r _ '1�•�. n1 q 1Y hlif f. idM. L 1 . cc 1'•., � fit ' t �' '1 a „iv,r rr„:1tdP x -x f rP{ rA f l'• Z'. ��• !1 M:... .1f 1L 't1 i` k'i .tr .y, ' J ' J‘ > n • ri • 5. 4 ... y • `•• •l� 1 tr r• 1 i' t' / �`r • r, r . 4 1, ! W-r. y. FIELD CHECK FILING NUMBER: RE-1174 DATE OF INSPECTION: June 2, 1989 NAME: Michael W. Armstrong REQUEST: Recorded Exemption LEGAL DESCRIPTION: Lot B of RE-656; part of the Si SE} of Section 2, T6N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: The northwest corner of Weld County Roads 47 and 72. LAND USE: N Agricultural production E Weld County Road 47, agricultural production S Weld County Road 72, 2 residences, and agricultural production W Agricultural production ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: A home, corrals, and outbuilding exist on proposed Lot A. Access to both parcels is from Weld County Road 72, a gravel road. The proposed larger parcel is flat and is being farmed. An unnamed ditch runs through the larger lot. Lot A of RE-656 also has a home on it. Another home is on an excepted parcel east of Lot A of RE-656. By G +— , n11J. Cu Current Planner 890526 APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: " APPL. FEE 3D —/ia9e9 CASE NO. RECORDING FEE ZONING DISTRICT RECEIPT NO. DATE APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: S-1/2 SE-1/4, Section 2, Township 6 North, Range 65 West of thb.P.'JL.-- Lot B of RE 0803-2-4-RE 656 i1 i C;Z^;J IX)/ TOTAL ACREAGE: 76 M/L ;4AY 1 6 1989 Has this property been divided from or had divided from it any other property s nce August 30. 1972? Yes X No WtSG CI. 7au,m,k uointt!4 Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No FEE OWNERS OF PROPERTY: Name: Michael W. ArrnstronE Address:22881 Weld Co. Rd. 70. Eaton. CO Phone: 353-3670 Name: Address: Phone: Name: Address: Phone: Proposed WATER SOURCE: Larger Parcel North Weld _ Smaller Parcel North Weld Proposed TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic PROPOSED USE: Larger Parcel Agriculture Smaller Parcel Rural Residence ACREAGE: Larger Parcel 75 Acs. M/L Smaller Parcel 1 Ac. M/L EXISTING DWELLINGS: (Yes or No) No (Yes or No) Yes I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) `Ji[ •/, X 7J /-l• �.Signature: Owner or Authorized Agent Subscribed and sworn to before me this / 5"- day of 1p7'., , 1947. (SEAL) /7� ,,Notary Public J My Commission Expires 890526 TO: Weld County Department of Planning Services RE: Recorded Exemption Application for a parcel of land in the 8-1/2 SE-1/4, Section 2, Township 6 North, Range 65 West of the 6th P.M., being Lot B of RE 0803-2-4-RE656. OWNER: Michael W. Armstrong Requirement #4. I purchased this farm from the Federal Land Bank acquired property inventory on June 15, 1987. At the time of purchase I was only interested in purchasing the land without the buildings, because my principal residence is located 1 mile south of this property. I was not interested then nor do I have any interest now in moving onto the property. This property was not eligible for a recorded exemption at the time I purchased it due to the 5 year limitation. I wanted a farm within close proximity of my residence, and this farm met that criteria. I have been renting the house since I purchased the property, but the time required for management greatly interferes with my work schedule. At the present time I have a party that is interested in buying the improvements, and I have entered into a contract to sell subject to the approval of the recorded exemption. Your consideration to this matter would be greatly appreciated. Requirement #5. This proposal is consistent with the policies of the Weld County Comprehensive Plan because: (1) No lot has been created by a recorded exemption within the last 5 years (2) It is in an Agriculture District and the contiguous ownership is more than twice the minimum lot size (3) The recorded exemption shall have access from Weld Co. Rd. 72 which is a county road right of way. Requirement #6. This proposal is consistent with the intent of the Zone District which is Agriculture. Requirement #7. The use of the smaller parcel will be as a rural residence as it has been used for the past number of years. The large parcel will remain irrigated farmland. Requirement #8. The property is surrounded by irrigated farmland and small acreage residential dwellings. This property would be very compatible with the existing surrounding land uses. Requirement #9. This proposal is not inconsistent with efficient and orderly development, and there is no further development contemplated. Requirement #10. There is an existing North Weld Water tap on the property and an existing septic system. Requirement #11. To the best of our knowledge, the property under consideration is not located in a flood plain or the Weld Co. Airport Overlay District. 890526 Southeast Qtr. (SE-1/4) Sec. 2, Thu. 6N, Rg. 65 West ti e C 0 U Lot B— 76 Acs. M/L ta' Proposed Lot A Lot A of 656 3 Acs. M/L Existing Weld Co. Rd. 72 Access DED r House T Shed 890526 SOAR ERN EST EC7OR5 ;� NORTH WELD COUNTY WATER DISTRICT ALEX HEIDENREICH M" • �y�CSoN ;� HIGHWAY 85 LUCERNE.COLORADO 80040 W.M.MCKAY .•I.1 ;_•�1_ LYLE NELSON,MGR. P.O.BOX 58 • PHONE 358.3020 • May 9, 1989 RE: Water Service Mike Armstrong Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: S*of SE o Sec. 2-6-65 22881 WCR 72 1. t Water service is presently being provided to the above described property. % 2. Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within one year from date of this letter, this letter shall • become null and void. Additional comments: Sincerely, NORTH WEDNT��R DISTRICT L e D. Nelson, Manager LDN/wb 890526 REFERRAL LIST NAME: Michael W. Armstrong CASE NUMBER: RE-1174 REFERRALS SENT: May 17, 1989 REFERRALS TO BE RECEIVED BY: May 31, 1989 COUNTY TOWNS and CITIES Attorney Ault Health Department ^Brighton Extension Service —'Dacono 'Emergency 1'anagement Office _Eaton iSheriff's Office Erie '�-Engineering ^Evans Housing Authority Firestone Airport~Airport Authority _Fort Lupton _^Building Inspection _Frederick Garden City STATE -lGilcrest Division of Water Resources Greeley 'Geological Survey Grover _Department of Health Hudson ___Highway Department 'Johnstown Historical Society _Keenesburg Water Conservation Board Kersey _Oil and Gas Conservation Commission ^----La Salle Lochbuie FIRE DISTRICTS +Longmont Ault F-1 Mead ~—Berthoud F-2 _Milliken Brighton F-3 New Raymer ^Dacono F-19 Nunn ^Eaton F-4 _Platteville Fort Lupton F-5 _Severance �Galeton F-6 _Windsor _Hudson F-7 Johnstown F-S COUNTIES ~La Salle F-9 _Adams Longmont F-10 Boulder _Milliken F-11 Latimer Nunn F-12 _Pawnee Platteville F-13 FEDERAL GOVERNMENT AGENCIES Platte Valley F-14 US Army Corp of Engineers Poudre Valley F-15 USDA-APHIS Veterinary Service Rayner Federal Aviation Administration Southeast Weld F-16 ^Federal Communication Commission Windsor/Severance F-17 Wiggins F-18 -- --Western Hills F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER !Fort Collins Central Colo. Water Conservancy Disc. Greeley Panhandle Eastern Pipe Line Co. _Longmont _Tri-Area Planning Commission West Adams COMMISSION/BOARD MEMBER 89pp 0526 mEiroRRnDum Ct+ To Weld County Planning pate June 5, 1989 COLORADO From Environmental Protection Services Liiz4 Ate c----r Case Number: RE-1174 Name: Armstrong, Michael W. Environmental Protection Services has reviewed this proposal and recommends for apporval, subject to the following conditions: 1. Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permit on the existing system. EPS/cs JUN 1 1989 I Yield CA. Noun wrtIrs:w 590526 RESOLUTION RE: APPROVE CONTINUANCE OF HEARING TO CONSIDER PROBABLE CAUSE - JACK T.V. ZIMBELMAN/PHILLIPS PETROLEUM COMPANY 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, ate WHEREAS , at its regular Board meeting on the 21st day of. June, 1989, the Board held a Probable Cause Hearing concerning Amended Special Use Permit *232 , issued to John and Flora Zimbleman, and WHEREAS, ownership of said property has been transferred to Jack W. Zimbelman, with Phillips Petroleum Company being the operator, and WHEREAS, Jack W. Zimbelman and Bob Hart, representing Phillips Petroleum Company, were present at said hearing, and WHEREAS , a continuance of this hearing was requested by Mr. Hart to allow the company to complete restoration of this property, and WHEREAS , the Board deemed it appropriate to continue said hearing to October 25 , 1989 , at 9: 00 a.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Probable Cause Fearing concerning Amended Special Use Permit *232, owned by Jack W. Zimbelman and operated by Phillips Petroleum Company be, and hereby is , continued to October 25 , 1989, at 9: 00 a.m. 890529 Page 2 RE: CONTINUE PRORABLF CAUSE HEARING - ZIMBELMAN The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of June, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County lerk and Recorder F and Clerk to the Board C.W. Kirby, Ch tman -BY: i �L . ae; . 1 ee J• eon, Pro-Tem eputy County erk i APPP VED A TO FORM: ,ene R. Brantner :eo nn y _ County Attorney Go ,. Iva. 890529 RESOLUTION RE: CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING SCHEDULED FOR JULY 19, 1989 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 quorum of the Board of County Commissioners will not be present at the meeting of July 19 , 1989 , and the Board deems it advisable to cancel said meeting. NOW, THEREFORE, RE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board meeting of July 19, 1989, be, and hereby is, cancelled because a quorum will not be present at said meeting. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of June, A.D. , 1989 . �L M eUUlateGnJ BOARD OF COUNTY COMMISSIONERS ATTEST: WEnn COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.W. Kirby, C irman rAiVBY�1 :wt-gr -/ p_./ ctie..4-x-e4L) J c . e ' ne JWt nson, Pro-Tem Deputy County R erk APPROVED S TO FORM: ,ene R. Brant er r - sp �� George Fon County to torney Gdhl 890500 RESOLUTION RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW NO. 634 , ISSUED TO MORITZ F. AND SHEILA BAESSLER 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 Department of Planning Services has informed the Board that certain Development Standards as approved for Use by Special Review No. 634 may not be in compliance, and WHEREAS, on June 21 , 1989 , a Probable Cause Fearing was held to consider whether there is sufficient evidence to schedule a Show Cause Hearing to determine whether the owners are in compliance with Development Standards #4 , #8, and #9 of Use by Special Review No. 634 , issued to Moritz E. and Sheila Baessler, and WHEREAS, the property on which the violations are alleged to be occurring is described as Lot 17 , Sonny View Estates, First Filing, Weld County, Colorado, and WHEREAS, Moritz E. and Sheila Baessler were present at said Probable Cause Fearing, and WHEREAS, the Board, after hearing testimony, finds that there is sufficient probable cause to schedule a Show Cause Fearing to consider whether or not Use by Special Review No. 634 , issued to Moritz F. and Sheila Baessler, should be revoked for failure to comply with certain Development Standards, and WHEREAS, the Hoard shall hear evidence and testimony from all interested parties at said Show Cause Fearing. NOW, THEREFORE, RE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be schedule to determine whether or not Use by Special Review No. 634 , issued to Moritz E. and Sheila Baessler, should be revoked. RE IT FURTHER RESOLVED by the Board that the issues to be considered by the Board at said Show Cause Hearing are as follows: 1 . Whether or not the uses currently being conducted on the site are in violation of Development Standard #4, which states that the accessory structure shall not be used as a permanent residential dwelling unit. 890527 Page 2 RE: SET SHOW CAUSE HEARING - USR #634 2 . Whether or not the additional uses of the property are material deviations from the plans, in violation of Development Standard #8, which states that material deviations shall require the approval of an amendment to the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes are permitted . BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing shall be June 27, 1990 , at 10:00 a.m. , and the hearing shall be held in the First Floor Nearing Room of the Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of June, A.D. , 1989. ROAM) OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO ty erk a Weld Counnd Recorder !- and Clerk to the Roard C.W. Iir y, C irman Ry fr,72�2 i a ne�rns Pro-Tem De Deputy County �erkV// P Y � �! APPROVED S TO FORM: tene R. Brantner George Y County Attorney / c47- GOr .. 890527 PROBABLE CAUSE 1 �1 to 6�, DATE: June 21, 1989 �� CASE NUMBER: ZCH-49 1 USR/SUP NUMBER: Moritz E. and Shelia Baessler PROPERTY OWNER Moritz E. and Shelia Baessler 3505 Holman Court Greeley, CO 80621 LEGAL DESCRIPTION: Lot 17, Sonny View Estates, First Filing, Weld County, Colorado LOCATION: 3505 Holman Court • It is the opinion of the Department of Planning Services' staff that the following Standards, as approved for USR-634 are not in compliance: Development Standard #4 states: 4. The accessory structure shall not be used as a permanent residential dwelling unit. The Zoning Ordinance defines temporary as being less than 6 months. The accessory structure has beer. constructed and is being lived in on a permanent basis. Development Standard #8 states: 8. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plan and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. The uses of the property have not been limited to the plan's approval and no amendments to the Special Review permit have been approved. a9o527 2CH-49 USR-634 Page 2 Development Standard #9 states: 9. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. The owners of the property have not complied with all approved standards. Standards #4, 8, and 9 are not in compliance. Rased upon the above information, the Department of Planning Services' staff recommends that the Board of County Commissioners schedule a "Show Cause" public hearing on July 19, 1989, to consider revocation of USR-634. 890527 SUBSTANTIAL IMPROVEMENT: Any repair, reconstruc- Lion, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (a) before the improvement is started or (b) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: any project for improvement of a STRUCTURE to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a STRUCTURE listed on the National Register of historic Places or a State Inventory of Historic Places. SUBSTATION: Any facility designed to provide switching, voltage transformation, or voltage control required for the transmission of electricity which has an incoming or outgoing power line which is more than 69 KV. T. TANK BATTERY: One or more storage tanks which receive and store oil or gas directly from and as it is produced by a well. TEMPORARY: Less than six (6) months. THEATER: A BUILDING or STRUCTURE designed for USES such as the enactment of live performances and/or the showing of motion pictures. THEATER, DRIVE-IN: An area and associated STRUCTURES used for the showing of motion pictures outdoors. THRESHOLD: That imaginary line on the RUNWAY perpendicular to the RUNWAY centerline which marks the useful limit of the RUNWAY. The threshold of all RUNWAYS is the physical end of that particular RUNWAY with the exception being Runway 27 which has its threshold 1,050 feet west of the physical end. U. UNDERLYING ZONING DISTRICT: The zone districts designated on the Official Zoning Map, Weld County, Colorado. These zone districts regulate the height and bulk of buildings and the use of land in the unincorporated areas of Weld County, Colorado. USE: Any purpose for which a STRUCTURE or a tract of land may be designed, arranged, intended, maintained, or occupied; also any activity, occupation, business or 10-22 890527 INSPECTION REPORT NAME: Moritz E. and Shelia Baessler LEGAL DESCRIPTION OF PROPERTY: Lot 17, Sonnyview Estates, First Filing, Weld County, Colorado DATE: June 13 CASE NUMBER: ZCH-45 The property was inspected to determine the uses of its structures. The large structure, intended to be used as the principal dwelling, was inspected first. The outside of the structure appears to be finished. The interior is framed, with some plumbing and wiring installed. Framing is still visible on the floors, ceilings, and walls. This structure is not ready to be occupied. The accessory structure was inspectec next. The east portion is being used to store antique autos, a motor beat, and other miscellaneous items. The west portion is being used as a dwelling. Keith A. re- Current Planner • 890527 ‘&-ay 14t DEPARTC AT OF PLANNING SERVICES h PHONE(303)356.4000 EXT.4400 975 70th STREET GREELEY,COLORADO 80631 wiik COLORADO April 14, 1989 Moritz E. and Shelia Baessler 3505 Holman Court Greeley, CO 80631 ' Subject: ZCH-4? Dear Mr. and Mrs. Baessler: Development Standards placed on your property at the time USR-634 was approved by the Board of County Commissioners are not in compliance. Development Standards 04, 8, and 9 appear to be in violation. The Use by Special Review area must be brought into compliance with the Conditions of Approval and the Development Standards within 30 days from the date of this letter. Noncompliance will result in our office scheduling a Probable Cause bearing before the Board of County Commissioners. If the Board determines there is sufficient probable cause to warrant further action, a Show Cause Hearing will be scheduled to consider revocation of the Use by Special Review permit. If you have information that may clear up this matter, please call or write. Sincerely, ;ere daWile, Current Planner KAS:dn enclosures ,gd s 4f/'o7 890527 c RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR AN ACCESSORY BUILDING GREATER THAN 1 ,500 SQUARE FEET IN THE RESIDENTIAL ONE (R-1) DISTRICT - TED AND SHEILA BAESSLER 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 held a public hearing on the 18th day of July, 1984 , at the hour of 2:00 o'clock p.m. in the Chambers of the Board for the purpose of hearing the application of Ted and Sheila Baessler, 2226 27th Avenue, Greeley, Colorado 80631 , for a Use by Special Review for an accessory building greater than 1,500 square feet in the Residential One (R-1) District on the following described real estate, to-wit: Lot 17 , Sonny View Estates, first filing, Weld County, Colorado WHEREAS , Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS , the Board of County Commissioners heard all of the testimony and statements of those present, has studied the re- quest of the applicants ana the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented ' in this matter, and having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the apolicantshave shown compliance with Section 24. 4.2 of the Weld County Zoning Ordinance as follows: a. The accessory building in the R-1 (Residential- One) District is consistent with the Weld County Comprehensive Plan. The structure will be con- structed, occupied, operated, and maintained in accordance with the requirements and procedures -, set forth in Section 24 , Use by Special Review, r�tiri> �" listed in the Weld County Zoning Ordinance. RI JUL 241984 The accessory structure will be compatible with existing and future residential uses in the neigh- LL borhood. The size and style of the structure do Yield CO. Planning Commission not appear to have a negative impact on the neigh- borhood. 89052'7 LHR 377 ( de: (11Z lA ! . 7 C Page 2 RE: USR - BAESSLER c. The City of Greeley Planning Commission recom- mended conditional approval in a meeting held June 12, 1984 . d. No overlay districts affect the site. e. Use by Special Review Operation and Design Stand- ards provide adequate protection of the health,' safety and welfare of the neighborhood and County. NOW, THEREFORE , BE IT RESOLVED by the Board of County Com- missioners of weld County, Colorado, that the application for a Use by Special Review for an accessory building greater than 1 ,500 square feet in the Residential Cne (R-1) District be, and hereby is , granted subject to the following conditions: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. The prescribed Use by Special Review activity shall not occur nor shall any. building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Depart- ment of Planning Services Office and the plat has been recorded in the office of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of July, A.D. , 1984. -�//jJ BOARD OF COUNTY COMMISSIONERS T a ATTES vya-eu � WELD COUNTY, COLORADO weld County Clerk and Recorder „— es.. _ and Clerk to the Boardfl Norman Carlson, Chairman By \/ rr ^ z i. J • . 0\ e — De?uty County Clerk J ccue�ine J h son, Pro-Tem APPROV // AS TO FORM: ene R. Brantner . ABSENT DATE OF SIGNING - AYE County Attorne Chuck Carlson J V T. Martin 690527 OPERATION STANDARDS Ted and Sheila Baessler U.S.R. — 634:84:29 1. The permitted use shall be a five thousand six hundred (5,600) square foot accessory structure for the purpose of storing antiques, antique cars. show cars, recreational vehicles, and a canning kitchen. 2. The structure shall be constructed according to the design and style requirements approved by the Seeley Lake Architectural Control Committee. 3. The structure shall not be used as a business for gainful employment of the family residing on the property. 4. The accessory structure shall not be used as a permanent residential dwelling unit. 5. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 6. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 7. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. 8. The Use by Special Review area shall be limited to the plans shown hereon and governed-by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner and/or operator of this operation shall be- responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. 890527 I WELD COUNTY INSPECTION DERARTMENT f �_ PARCEL NUM BER GREELEY,COLOR4100.80631 PERM,./ 'JMB•R. { / SLEPMONE356g000;E�(F'425- (' 079/)2? e ft- i l 1 �TEGL•,EPHONE NO. , E I'• , ! )M,'f: III 1,:,1 1.1 IuRITZ E I"I E`..II..SI H . 1"i --,... :rri,:c:, I,t qtr: 1 (7,I.;E I:.I I:'fa CO. 8 0 r, i1 Ili'J t IZ;V:7(1;{ -- , ' 111-i rt4.. SiliL.I' .' : . _..__ Pi I1 ATh. 1l CONT SO..I T :i?' - HEAT ' NC i OOTSA MR - 'Il I I. N..:..• .. • (. ,4.. V \1 RV J.0 «. ••:-..N; '♦s 1' LICENSE NO.' 1 '� ELECTRICAL CONTRACTOR • 11I°MO1'Is I ..1 I . .. . . ADDRESS OR DIRECTION TO JOB SITE .S.-(+� - I ♦ 1 f:,, 1 I7 ( ..i' iIN MD i. LEI I n,l O J ?' rM F Illl , • • • SUBDIVISION VY\` `, CNr LOT LOCK U TRACT -ZONING.rnICT • .• . I [ ±., ;11ii'>. ( u t" .. . I ,Ii :C.. , .; I II 1! •, i ' .. .... ._ • 1i � r_�,. flrr:1 1..-. , / V LEGAL DESCRIPTION ZONING APPROVAL i . 1,1 SECTIO 1 ( U N R 1( W DATE' I , ' C'-.4 •l • '\1lam,. (� a*" /ere . ..r��V,, DISTANCE FROM LOT LINES N ' ; r;,•• $ 1) !'j , /:. E 1 ( :y, - -'W • / REQUIRED SETBACKS J NPA' 1 1 1 1 '�"1L. 1 ".R S(In A _ TYPE OF IMPROVEMENT '.j : L). I.NIL, (•(4.!;:,•:,G Lila L. N . . ONERSHIP ,.`.. W .�. . ..4*) 1-• 1', , - . ..-. . • - - -PR IVA _ OWNER -. . , "PROPOSED USE-RESIDENTIAL ..; . 1 . 4 VALUE S FEE S - :,FEE S \„3,4 .,...1�•, ` a' ., p ` 4. ,fr• I. ' , fl(1 O •no 00 - MOBILE HOME 7C ELECTRICALJOB -C1 01) . PLAN CHECK `• ' ` J/O 011 1 , -� / CONSTRUCTION METER .... 1. Z.,0 a 6.`0 . OTHER _ ; . .. . " .°7.7. _, . ..Q0. � ._• _. V ♦ .J 3 1 y w - PERMANENT METER __ . .00 ; ♦` '-..`.N ` - , :e(14";'*; rY ♦ S�lr• s.•RECEIPT No. .`tritkit'.. ..�_/I3/554 ' IOTAL ;��.- Sit.43t`� -.y_ . .. . . •...i,1 j ., DESCRIPTION OF PROPOSED USE k. ..:\ fir: . • . cr 172.),-,: ! i'il''nrrl: , 1C?)X40,.:-4')i)O .5 4'8,(4/1::-56(/') SIZI r T ,1'-;{( \ I.- ). l ' ,- .::::::',":".1,-; ,;.. 3UC '.:'iaTh ItIs.,!1 SH1L,. WALLS, ETC; Ii; 10:'40 PART:,, .i \ , ", I',1;"1.•;:Ti IL L)u'_f 7)..Fat': �A Ter 1.'1 [jlt4A I\'. C,:1 P I.F_ n „}•_'P, •,:..7:C -\1 • 1a.;,,• 5hakv. %\cI. ',.cq\..v,_' Racer,* •a' /9 Sao ' ' / P�s.i .�e• NOS- 4-o be Llf� QS PelPNANe al we I I. Jvf At ,ti CAW /�I jot 1w l as ,-r,,,. par• 9wdl i wj 41. : deb.#eJ 4#t 20,144, `' PsiN ALCI NINUMON• • cy PRINCIPAL HEATING FUEL • \• TYPE OF SEWAGE DISPOSAL SEPTIC PERMIT TYPE OF WATER SUPPLY WELL PERMIT TYPE PERK TEST DONE NUMBER TYPE NAME NUMBER . _ . .. . _ '• 7� 4 or t l .i....i.. -.. . _.... . 1 FOUNDATION - - ,... ... .. _..... .._.. . .. .._... . . NUMBER OF STORIES BUILDING HEIGHT RESIDENTIAL USE ONLY PLOT PLAN ON FILE " BLUE PRINT ON FILE NUMBER OF BEDROOMS /�. NUMBER OP BATHROOMS ACCESS ACRES 890527 FULL 3/4 ,)B `/ lS i NG ��r I HAVE READ THE NOTICE ON THE REVERSE SIDE SIGNATURE OF APPLICANT APPLICATION DATE BEFORE MAKING THIS APPLICATION. - _. ,.+'--�-- /J -•lign/....014- APPROVED BY APPROVAL OATS `,wry I • 6.:i z51e.4 hoot *mused nag ��Ir.r ea V.. tJ/� —e --o4mekr--.1f...—,.... .._ 1Ma tko No..- ;W•w�. K C7 , Tn D J, MM.ibM I t Md July•• YOOBL�'�flAb ; ., 1 JERRE MITE AND TANA J. WNITB .+ 1 °e • MAODdot>rso.my pw o , _ ,; Dar J�Qt S 1 T4 1 t'+ at am ' Weld ; N OeStle.d aMfhnaprt Cairo ... WStated , •0. Fa • _ 0 Zr rl NORITZ E. BAESSLER AND SW.E2L& w. BAESSLER • , ore • w. ere Oepd Weld wlate Kesd Oele,ertheseW pat s . wrrnsa1$eel Ws sill part la ores fine pert.far ad le el sate dtree • r. Orn&a GOOD AND VALUABLE CONSIDERATIONS AND TEN-ww-- --- ----Daunt e e- o a the aflpsrala dgetint a o hate oa l NA w ha VS bard pet be the re yea d M sera pat . MOW Wheart le rrta%hula sell soy d tea a frond,aid pate d de eeed rare Men d a4 0 0 eeelpe fareaer,set Is areal ars tetra twee.),ell the re rte Mead M ravel of lra rases tram end beams Ile Cleat, Wald ad Cara e, z -4. Lot Seventeen (17), SONNY VIEW ESTATES sOBDIVzSzop PEAS? FILING, a w` serbdivision being a 'IP part of the S 1/2 Of the Sw 1/4 of Section 24 and , part of the E 1/2 of the SE 1/4 of Section 23, all in Township 6 North, QA, of Range 66 West of the 6th P.M., Weld County, Colorado. . VQ0 k V Protective Covenants recorded July 25, 1972 in Book 672, Reception No. 1594261. • TOONE re an all e s ter tita�e h ltraa sad anerareae rants bda ate r le east =B 4Mra4ai,area d ana,attar W raeMMS'a a d paean Ira;d el the I• • tea yds.a buret,.St sad drew Stun of the add pest Serra feet pert Stir a aw r tpdtr.at,a d a r .eyes Urea..raeo,with tit hee'Uraa sad appereara p TODAY'S AND TO SOLD tha dp,S ala terra or dantbed,with the eppataess,as the rid I pelts of the nand pert tarr Mln sad reigns hewer,And the rid pen Sea of the Drat pert for then M wee .iheitMae,aaetrn,eel salaam de ant pat boraste and spa a as with the al parlfa d tit seeded pert their bobs ad rape.tot at the tI .d tit alai ad are of the pre as are wed stead or the praW.Mon asr red,sad deet an. prfeet rate sad ads 1. am ethationtr a M,afaobey,oaf Its ye seed rtdt fell pa art kat ratty is pat lam tale,son rid any the ea a reanar sad fora afenat&sad that the esren en free or elrr 6a on tar - _ W We par hernia,all,lent taxa sets sad aaebraeea it flatter had r slaw earn. , except the 1974 general taxes due and payable in 1975, which have been adjusted t'. and which parties of 'Chi second part agree to }' .Pay and all subsequent years, tut subject to restrictions, reservations and esaeants of record, if any,including.. ;. red fit else alai Pam a the plat and mashie peaada of the amid pate of the sad part their • Stu mud ISM eteteetaf sod n.y penor pone lawfdbdeke'-g ortolan the what r say pert thereto; the laid parties d the Brows no d yin WABBANT AND Soarvrs DEPEND. L. IN wITMEU manor the aid pat Lea it tit ha ye banate at theimead a ay teal lie say eel fear first ea am / Eped.Sa W ld Deara tit Praasd (SEAL) • - ER ERRE WHITE i' - ' -- 7Y.-- 2lay... ._._._._ (SEAL) : =RNA J. �•_ __ .. STATE OPCDLOItADO, 1 --" --(SEAL) . +b M.fiCardd Weld a•ti1BEt �,•• •.bawrst we ateowhdpnd bare an tam 8th 4..d July BLIA tint AND IRIa J. writ . A Or .II .elates d dada oat • f9f 40„,i.9c Aprn Day Ii, 1914. �ante ---7-",f";i rise Ina _ r— a Near.ea.sW„pINIba.jai err....roari .aa...CA.'aim ..r...e"____-a 890527 ./ r" r April 26, 1989 Dear Keith, It was nice meeting you. You asked me to send a letter explaining our situation. The reason we are not yet moved into the main house, is we were involved in a car accident in which the complications from my injuries nearly resulted in my death. Because of my being incapacitated we were unable to complete our home. However, because Ted had the craftsmen and design work complete he was able to continue on the exterior. Because of my injuries I was unable to complete the necessary tasks as an Interior Designer for the interior. Beings our home is a reproduction of a French Mason' of centuries ago, a great deal of time must be taken to do historical research, designing and plain old hoofing it to find craftsmen and artisans who are capable of doing the quality of work needed. Needless to say it is taking longer than most homes: Examples of some interior details. Medalions, imported marble, green onex, stress chandeliers imported from Austria. Handmade leaded and beveled glasswork. Hand casted domes and fret work, cornice boards, crown molding, plimph blocks, pateras, will be made to our specifications. Also a number of castings will be guilted in 24 caret gold. Lincresta imported from Belgium, rugs that again will be hand made to my own designs and colors imported from China (estimated to take 10 to 11 months to make), this going into the parlor. Ted is designing the knives for the woodwork that goes to a quarter million dollar milling machine. These are exclusively ours. The flooring in the keeping room will come off the roofs of homes in the New England States. minimum 100 years old. The kitchen cupboards will be made from watauled • walnut with copper insets which will be hand tin punched with the names, birth and death dates, country and province of Ted and my ancestors. I now have my side researched back to 1702, Germany and Ireland, Tads 1796 from France and Holland. The marble for the powder room is from Italy which has been completely mined out (there is no more). As an example of the time it takes: The widows walk, corbels, dentils, vergeboards, finials on the exterior took Ted over 1 1/2 years to design, craft, paint and install. This does not include the time it took to research these historical architectural details or to find the craftsmen to make these items. It took Ted and I five years of planning our home and platting it on the acrage down to the most 890527 at < minute detail before we began construction, also owning the acrage 12 years before we began construction. Our home is a life long dream of which we are very proud! I guess all we can do is assure you that now that I've nearly recovered from my injuries we are diligently going forward with the completion of our home. We had absolutely no intentions of staying where we are for this length of time nor do we want to be living in a small are as we are now. We are very anxious to get moved. Please feel free to call if you have any questions. Yours Truly,, 16 G 890527 CEPA(MENT OF PLANNING SERVICES (7-7--- • i1 PHONE(303)35&4000 EXT.4400 pf &E \ 915 10th STREET VF GREELEY,COLORADO 80631 WI C. COLORADO April 25. 1989 Mrs. Morita E. Baessler 3505 Holman Court Greeley, CO 80631 Subject: ZCS-49 - Development Standards approved for L'SR-634 are not in compliance on a parcel of land described as Lot 17, Sonny View Estates Subdivision, First Filing, Weld County, Colorado. Dear Mrs. Baessler: The purpose of this letter is to summarize the different points which were discussed during our conversation on April 20, 1989. The action which needs to be taken to bring the approved Special Review permit into compliance is: 1. The accessory structure over 1,500 square feet is not to be used on any basis as a dwelling or as overnight or temporary housing for any person. All items appurtenant to such use are to be removed from the structure or dismantled. No extension of time can be granted by the Department of Planning Services' staff; however, a letter could be entered into the record, to explain the circumstances behind the present uses of the property. If this office can be of any assistance in clarifying or answering further questions concerning this matter, please telephone or write.. Respectfully, heit e. esetit Current Planner KAS:rjg 890527 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING June 19, 1984 • A regular meeting of the Weld County Planning Commission was held on June 19, 1984, at 1:30 p.m. in the County Commissioners' Rearing Room, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Bob Ehrlich. Tape 165 - Side 2 ROLL CALL Lydia Dunbar Present Doug Graff Present Paulette Weaver Present Sharon Linhart Absent Bill McMurray Present Louis Rademacher Present Jack Holman Absent - Called in Bob Ehrlich Present Also present: Rod Allison, Current Planner II, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary. A quorum was present. CASE NUMBER: USR-634:84:29 APPLICANT: Ted and Sheila Baessler REQUIST: A Use by Special Review Permit for an Accessory Building greater than 1,500 square feet in the Residential-One "R-1" Zone District LEGAL DESCRIPTION: Lot 17, Sonny View Estates, First Filing LOCATION: Sonny View Estates; north and adjacent to Holman Court, west of 35th Avenue APPEARANCE. Ted and Sheila Baessler, property owners and applicants, explained this request is for a garage for their private use to work on and to restore antique autos. They currently have fifteen antique autos which would be stored here. Lee Morrison explained, to the applicants, any physical evidence given to the Planning Commission, i.e. , blueprints, pictures, etc. , must be kept with the file as evidence. However, a set of blueprints of the garage is on file with the Building Inspection Division which are identical to the ones shown, with the exception of the Architectual Committees' signatures. NOTICE: 1:40 p.m. , Sharon Linhart is now present Tape 166 — Side 1 890527 Summary of the Weld County Planning Commission Meeting June 19, 1984 Page 2 Mrs. Baessler told the Planning Commission they plan to live in a portion of this garage temporarily until their house is built. Rod Allison explained the Zoning Ordinance states an accessory building cannot be lived in. Also, recreational vechiles used as living quarters need a Zoning Permit for a Mobile Home, and this is not allowed in Residential-One Zoning. The only recourse, as far as the Zoning Ordinance is concerned, is that the house be built first and they can live in the basement temporarily, or the wording of the Zoning Ordinance needs to be changed, which is a time consuming project. Lee Morrison explained there was a legal matter which should be explained :o :se ?tanning Cormissi•in. He would i n no war _..'_iuence the Plann_-_ Commission members in making a decision for or against this request. Ali explanations would be on a strict attorney-client relationship. The Chairman asked the members of the Planning Commission if they would like to go into Executive' Session. The Planning Commission members agreed unanimously. The Chairman called an Executive Session at 2:10 p.m. The Chairman reconvened the meeting at 2:15 p.m. The Chairman asked Rod Allison to read the recommendations of the Depart— ment of Planning Services staff and the Operation Standards, as outlined by the staff into the record. The Chairman called for discussion from the audience. There was none. MOTION: Sharon Linhart moved Operation Standard number four (#4) be amended to read as follows: "The accessory structure shall riot be used as a permanent residential dwelling unit." Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commis- sion. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commis- sion for their decision. Paulette Weaver - yes; Doug Graff - No, because of the way he understands the interpretation of the Zoning Ordinance this would allow the garage to be used as a temporary dwelling six months this year; six months next year, and six months for every year thereafter. Lydia Dunbar - yes; Sharon Linhart - yes; Bill McMurray - yes; Louis Rademacher - yes; Bob Ehrlich - yes. Motion carried with six voting for the motion and one voting against the motion. 890527 • Summary of the Weld County Planning Commission Meeting June 19, 1984 Page 3 MOTION: Sharon Linhart moved Case Number USR-634:84:29 for Ted and Sheila Baessler for a Use by Special Review Permit for an Accessory Building greater than 1,500 square feet in the Residential-One Zone District be forwarded to the Board of County Commissioners with the Planning Commission's recom- mendation for approval based upon the recommendations of the Department of Planning Services staff and the Operation Standards, as amended by 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; Doug Graff — No, for the reasons given on the amendment. Lydia Dunbar — yes; Sharon Linhart - yes; Bill McMurray - yes; Louis Rademacher - yes; Bob Ehrlich yes. Motion carried with six voting for the motion and one voting against the motion. CASE NUMBER: USR-636:84:32 APPLICANT: Siegrist Construction Company: c/o Keith A. Farrar REQUEST: A Use by Special Review Permit for an Open-Cut Wet-Sand and Gravel Pit LEGAL DESCRIPTION: Part of the NWT and SW-'t and 5E%, Section 2, T2N, R68W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 2.5 miles northwest of Firestone; north and adjacent to Weld County Road 24 and east of the I-25 Frontage Road. APPEARANCE: LaVerne Nelson, Nelson Engineers, reported this application has been filed with the Colorado Mined Land Reclamation Board. This is approxi- mately a 215 acre site. Phase One, as designated on the plat, will use Weld County Road 24-1/2 as the haul route. Phase Two and Three will use Weld County Road 24 as the haul route. Most of the-products from this site will be used in Weld County and the Denver area. There will be a rock crushing and asphalt batch plant at this site. They are currently working on a water augmentation plan with District Six Water Users and they do have to comply with the State's recommendations. He also explained their plans for reclamation which will be a wildlife preserve and recreation area. The Chairman called for discussion from the audience. Tom Lynch, Division of Wildlife, stated they have no objections to this request. They have reviewed the reclamation plans and would prefer a grade on the reclaimed site of no steeper than 3 to 1. 890527 Summary of the Weld County Planning Commission Meeting June 19, 1984 Page 4 Neil Peters, Attorney, Amoco Production Company, stated they are the leaseholders for the oil rights in this section. They have no objections to the proposal as long as their lease is honored and they would be able to access to their wells at all time. They would ask that any changes be referred to Bill Rae, Amoco Production Company in Denver, and that a two hundred feet area around each well site be left for them to maintain their wells. Kenneth Neff, Panhandle Eastern Pipe Line Company, stated they are currently working with Nelson Engineering and Siegrist Construction Company to move a pipeline they have in the area. They would like to make sure the pipeline is protected in all future operations. Rod Allison explained this area is in the Agricultural Zone District and extraction of oil and gas is a Use by Right in the Agricultural Zone District. Mr. Nelson stated they do not intend to supercede any rights of the oil companies. They intend to work with them and they intend to provide the lease holders room to service their wells. The oil companies have a prior right and they intend to honor these rights. The Chairman asked the applicant if the recommendations of the Department of Planning Services staff and the Operation Standards had been reviewed and if they had any objections to anything as stated. He stated they had no objections. Rod Allison reported the staff has made two changes to the Operation Standards as follows: 3. "Vehicular traffic shall be limited to two (2) points of ingress and egress. One (1) entrance and haul route shall be Weld County Road 24 west of State Highway 119. The second entrance and haul route shall be Weld County Road 24-1/2 west to Interstate 25 Frontage Road." 4. The property owner's and/or operator shall apply for a well permit with the Division of Water Resources to comply with CRS 37-90-137 prior to extraction of sand and gravel. A copy of the well permit shall be for- warded to the Department of Planning Services." The Chairman asked Mr. Nelson if he objected to these additions. He did not. The Chairman asked that reading of the recommendations of the Department of Planning Services staff be dispensed with, and that they be filed with the summary as a permanent record of these proceedings. 890527 l N • Summary of the Weld County Planning Commission Meeting June 19, 1984 Page 5 MOTION: Doug Graff moved Case Number USR-636:84:32 for Siegrist Construction Company for a Use by Special Review Permit for an Open-Cut Wet-Sand and Gravel Pit be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations of the Department of Planning Services staff and the Operation Standards, as amended by the staff. Motion seconded by Louis Rademacher. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary co poll the members of the Planning Commis- sion for their decision. Paulette Weaver - yes; Doug Graff - yes; Lydia Dunbar - yes; Sharon Linhart - yes; Bill McMurray - yes; Louis Rademacher Yes; Bob Ehrlich - yes. Motion carried unanimously. CASE NUMBER: USR-635:84:31 APPLICANT: Donald Altergott REQUEST: A Use by Special Review Permit for an Expansion of a Farm Implement Store LEGAL DESCRIPTION: Part of the NE' . Section 10, T1N, R63W of the 6th P.M. , Weld County, Colorado LOCATION: Prospect Valley; south of State Highway 52 and west of Weld County Road 69 APPEARANCE: Don Altergott, owner and applicant, stated he is the owner of Prospect Implement Sales and Service. They have previously had two buildings. One of these buildings has deteriorated to the point that it should be abandoned. They want to add a fifty by one hundred and ten foot building to the block building and tear down the old wooden building. They would like the frontage to run even from the highway. He has approximately three acres at this site. The Highway Department is asking for a one hundred (100) foot reservation for future dedication, but the existing building is fifty-five feet from the center of the road. Lee Morrison explained the difference between reservation and dedicaiton. Tape 167 - Side 1 The Chairman called for discussion from the audience. Larry Hall, Landmark Builders, appeared in support of this request. The Chairman asked Rod Allison to read the recommendations of the Department of Planning Services staff and the Operation Standards, as outlined by the staff into the record. r��y 890527 Summary of the Weld County Planning Commission Meeting June 19, 1984 Page 6 • MOTION: Bill McMurray moved USR-635:84:31 for Donald Altergott for a Use by Special Review Permit for an Expansion of a Farm Implement Store be forwarded to the Board of County Commissioners with the Planning Commission's recommenda- tion for approval based upon the recommendations of the Department of Planning Services staff and the Operation Standards, as outlined by the staff. Motion seconded by Doug Graff. The Chairman called for discussion from the members of the Planning Corctission. Alternate ways of being able to comply with the Highway Depa_tmanc's request and the request of the applicant to have an even store front were discussed. The Planning Commission is simply acting on a request to expand an implement store and can do nothing about setback requirements. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Paulette Weaver - yes; Doug Graff - yes; Lydia Dunbar - yes; Sharon Linhart - yes; Bill McMurray - yes; Louis Rademacher - yes; Bob Ehrlich - yes. Motion carried unanimously. The meeting was adjourned at 3:20 p.m. Respectfully submitted, Bobbie Good Secretary rig/ • • 896527 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (BEAUTY SALON) IN THE A (AGRICULTURAL) ZONE DISTRICT - MYRTLE CUBBISON WHEREAS, the Board of County Commissioners of [field 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 held a public hearing on the 21st day of June, 1989 , at the hour of 10 : 00 a.m. in the Chambers of the Board for the purpose of hearing the application of Myrtle Cubbison, 15213 Barley Avenue, Fort Lupton, Colorado 80621 , for a Site Specific Development Plan and Special Review Permit for a home business (beauty salon) in the A (Agricutural) Zone District on the following described real estate, to-wit: Lot 8 , Block 66 , Aristocrat Ranchetten, Weld County, Colorado WHEREAS , said applicant was present, and WHEREAS , Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Panning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 .7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24. 4 . 2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan' s Urban Growth Boundary Goals and Policies. A representative of the City of Fort Lupton, in a verbal response on May 75 , 1989 , indicated no objections to this proposal. 890517 Page 2 RE: USR - CUBRISON b. The proposed use is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The proposed use is compatible with the existing surrounding land uses which include other residences, farmland, Harold Street and Weld County Road 16 (Barley Avenue) , and a vacant platted lot. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural Zone District. Special Review Permit Development Standards will ensure continued compatibility with the surrounding land uses. No objections have been received from surrounding property owners . d. No overlay districts affect the site. e. Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for a home business (beauty salon) on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners. 2 . The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . Within 30 days of approval by the Board of County Commissioners , the existing septic system shall be reviewed by a Colorado Pegistered Professional Engineer and a copy of that review shall be submitted to the Weld County Health Department before the required I.S.D.S. Evaluation can be performed . An I.S.D.S. Evaluation 890517 Page 3 RE: USR - CUBBISON shall be performed on all existing septic systems prior to issuing the required septic permits oh the existing systems. 4 . Prior to recording the Special Review Permit plat, the applicant shall submit evidence to the Department of Planning Services' staff that the requirements of the Fort Lupton Fire Protection District have been met. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of June, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: � WELD COUNTY, COLORADO Weld County Clerk and Recorder f-' and Clerk to the Board C.W. Kirb , Ch rman '----V o• - F f3Yn��c�y,a ,J a e ne o nson, ro-Tem Deputy County lerk / APPROVED AS TO FORM: ene R. Bra tner George Ci K�en`r.`ed County Attorney Gordonxgri c 890517 DEVELOPMENT STANDARDS MYRTLE CUBBZSON USR-230 1 . The Site Specific Development Plan and Special Review Permit is for a home business (beauty salon) in the Agricultural Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Article 63 of Title 24, C.R.S. , as amended. 3. The parking areas shall be covered with gravel or hard-surfaced. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. No permanent disposal of wastes shall be permitted at this site . 6 . The water source for the home business shall be a domestic well or the Aristocrat Ranchettes Water Project. A commercial water source must be approved by the Aristocrat Ranchettes Water Project or the Division of Water Resources prior to employing additional people for this home business. 7 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 8 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 9. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 .6 of the Weld County Zoning Ordinance. 10 . Personnel from the Weld County Health Department, Fort Lupton Fire Protection District, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 890517 Page 2 DEVELOPMENT STANDARDS - CUBBISON 11 . The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted . Any other changes shall be filed in the office of the Department of Planning Services. 12. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 890517 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on June 21, 1989, conditionally approved a Site Specific Development Plan and a Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Myrtle Cubbison 15213 Barley Avenue Fort Lupton, Colorado 80621 LEGAL DESCRIPTION: Lot 8. Block 66. Aristocrat Ranchettes Subdivision, Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Home business (beauty salon) in the A (Agricultural) Zone District SIZE or PARCEL: 1 acre, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: June 29, 1989, in The New News 890517 _ r(±1E ';_ii Ui;( oc' ) ,-..0_'Y OF Mar) ) I:. r, •r.io Ld - . being duly ,*;worn , ,gay that he u_ i '_Itr ' iclhrnr of the h'nw pt lb .shc?d Ln K ooni'c.b rc) In County .and `,,1'.z n that ..ii.d 1 ( w'.p iphr rims. rtf'nr r :l. c:.i ' ca t.ir:r; *n .; aid County `1r _r', ;:_0il nou!7S.y and nn ,r -rrrrup _.c y published therein , du d , F( r l.ud Of. wt ` 7.? l twc; ci -i',ccutiv!:yi., wct? 6 prior to o ' thr nottLel t.h .r.7_[ c.t p - per it "+•.. ,111!1' Jl rl ft tF ( '7i(' rrrinC; o r 'r F, • act. ho ( Fn 'r,tl 1 enu' / of rhl• 9. 7 '.. ntiALO fl. ^ c. .idl „ entitled "AnActRola•. tho printing o1 local Peron or `r l 0•. dull ,till6)i ,, r'gr 'n and eras '{i1t^VHt Ia C_, l lL�r•r. t;, tha th'IL' notico r a J1 NLIch thc, annh..>:eda'- printed y'��. t 6M�1.,, I ,' n°n r orP 1d r1 •W I5d(. e W a keC �M nil.' hcc- Ir 'irl ncwr r ipor. and to t. 1 rs '(Julo( ud trltiru L -oup o7 - r r•- t pr_ !-: Ir_ st lnoticenotice wan • 'I::' I :,rl in .,n1Cl 1ir"vJ`rp.rt c prop:2r y' r • id ti c a ,ny --1 ppi L rioI1�t thoroo{ . ~ Vlare111t. in • crRO . I at thfl tit' publication action of 'P!'W�U" -m`-� `•. ' i.co „r„'said , wca on th BY: . Meat' r i,;,''= l r , boc and ..-morn to before mu th:LV c2,' day at June .1929. No ary Pub! s l( \A '✓ r(,(i ; r c::;par( : 0 390517 ATTENDANCE RECORD ?LEASE write or print legibly your name, address and the name o£ the applicant )r Docket # for the hearing you are attending. CODAY' S HEARINGS ARE AS FOLLOWS: JUNE 21, 1989 )OCKET # 89-25 USR-HOME BUSINESS (BEAUTY SALON) IN A-ZONE DISTRICT - MYRTLE CUBBISON DOCKET 4 89-24 USA-HELIPORT IN A-ZONE DISTRICT - BRETT WAYNE BRANCH )OCKET # 89-27 SHOW CAUSE-USR 481 - MIKE CERVI NAME ADDRESS HEAPING ATTENDING i7 4 I i� ;ftS .29 ao RI ca (3r 4 Ntl •�l I'�ra'sser <23611 WC_ 57 i3tcrib V ;ror- A /i r r /<o i'rt.y 2..24/! (AJrf c 7 I3rel >Le 1-l-0./.7'',7 r71U (1 v6h sL,/1/ /_+ple/ ivc1 Pie-i° 5/ SA /oll ret+ Z/'4nGi\ ? 792 ( cUCR till rae/AC \ I1eb1ierf CrO51:. • NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters In the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 89-25 Myrtle Cubbison 15213 Barley Avenue Fort Lupton, Colorado 80621 DATE: June 21, 1989 TIME: 10:00 A.M. REQUEST: Site Specific Development Plan and Special Review Permit - Home business (beauty salon) in the A (Agricultural) Zone District LEGAL DESCRIPTION: Lot 8, Block 66, Aristocrat Ranchettes Subdivision, Weld County, Colorado LOCATION: Approximately one mile north of Fort Lupton; north of Weld County Road 16 and east cf Weld County Road 31 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: May 17, 1989 PUBLISHED: June 8, 1989, in The New News 890517 Exh '� h,� �- 4 • • Pomona. 91 m ea.' ,.m°te wawa .. _. �-• taw, Ina nth, iYa GIalsibe Q Cgyrya 11mv G, saw the in the Siimt)et � Permit re _'ManeqN ed to attend and may b ea t r p icon[ uf~'i"uy incased pressee- M��lt�oeyfyf�.�t.OfHn t1M otat�ny.arge introAett b..in Atlic;:intacted Wthen Board's be advised writing m at least flue day .'5c;peler to sfMaprthe shall he hee the se ovoptatri to ant io the ar,teP � '4��1ff6�e.�eel1terE�� . Floor. • =at 0.00•$ ado soca -i ic ee Panda ri Alt, ante d SSpecial Moot salon- t f `.ome the�A, ,fig attenloerat , � an.', Web County. etiON?A ioeoldmate{ onepton: north,'QM .. -"y tWNdPP;net tatifireat_. Nr „lira1Le r w 89051'7 • • • Affidavit of Publication STATE OF COLORADO • County of Weld ss. I A.WMOJRer Rine!of said County of Weld being duly sworn.say that t am publisher of FORT LUPTON PRESS • that.the same is a weekly newspaper of general circulation was printed and published in the town of FORT LUPTON in said county and state that the nonce of advertisement of which the annexed is a true copy has been published in said weekly Pap*..2 INSIDE FORT LUPTON Jun* 7, 1989 newspaper for NOTICE - ..blear CMwatsasr%stays w ur MW Owe Can-_M tar.9115 Consecutive weeks: RmsraytinsouMratasabr a a a kat nit Ayr.Cain.eta that the nonce was published to the regular and entire taaue o(eYay as Cans el em war Ord•Satins soda number of maid newspaper during the period and time ofpub)leaden try `A°s�t"�'i~,fat wu.ay nualp!If• aprip f-- ofsaid notice and In the newspaper proper and not in a supplement Ctrbttweaw4arariMMOsab. . thereof:that the first publication of said nonce was contained in the 7 .O�rsdy, asya. Ids dwelt, of said newspaper bearing the date of � �r. a tsyrraatr )4Wray 7 AM AO, and the last publication - assyY•al inns Mwrawat - DATE Janfr.Ls" 'MarritaletaSMsyl.Omar ' 7MatlabpaLL go, in the tame of said newspaper,hearing date. isms wars sang Plan awlloge O the day of boas OSI as-?aid Sr M Oil a abaaasi.aaatd[Iraq frantic ' L*OM Nos an ti.mtSelli.' 1t, that the said moo cuss kw paeans en cat Misters emeisetsa awbainsier, IS M mom a more der M • Mwa 4a0'.Ceaaa FORT LUPTON PRESS eases w Ma,a M em Wei lOdrfl seraakaaeb sr ovaa nasal moos sic se ant one n warp w Fat Wirt tats at WS arks Swan isittairrsalits Cswboya Medal has been published continuously and uninterruptedly during the can le ate Mr a le M WNW basal at. period of ac least fifty-two consecutive weeks next prior to the first oust wssaYn la ea was,s a arras. 'issue thereof containing said nonce or advertisement above referred rawer is aMosa.A sa Owl Is Os WARD OF to: and that said newspaper was at the time of each of the Mes'a's Oaks tad r tsars M COUNTY Opyl ISICOMn publications of said notice duly qualified for that purpose within the ....ntaa ash scary aeryrMasas.. WILD°P r,CCIOtttpp meaning of an act entitled. "An Act Concerning Legal Notices. alai seesawed.ask*ester. tam se MOMS saeraata eratn.b 1Y'SMY MO alICMTtW Mere asemeets and Publications and the Fees of Printers and ors rsaitasaM a a y, COUNTA,a,gn no ao0wOr1! Publishers thereof. and to Repeal all Mis ,• P. is in MS Cat Yonc SCUM Conflict w o one of this MC a 7. 1• St R4split0Miewhem raraaa all amts ants particular wSedireawantsam by rYawas� Ora aYlgglltR tltaey apprwre. acts, •• pa I • - Mwsisar� WYy1r77,SM �' t f!/ aa .:Os Nos.tgatnlws• •_.�� 1Lher Su ribed and sworn to Wepre me this 9 day of AM. 1977 it Notary Public 415 ENVER A Ff. LUPTON, CO 80627 My commtaston expires June 1992 My Commies r•1 n expires June 30, 1992 890517 .. • • Summary of the Weld County Planning Commission Meeting June 6, 1989 Page 2 However, because of the State Highway Department's recommendation, the Planning staff has no alternative except to recommend denial to the Planning Commission. They will be meeting with the State Highway Department tomorrow. Because this request has been continued several times, he wanted the Planning Commission to know they are actively working toward solving the problems that have arisen, and asked for continuance until the regular meeting of the Planning Commission on June 20, 1989. MOTION: Jerry Kiefer moved Case Number Z-449 for Harold Reese, Jr. , for a Change of Zone from A (Agricultural) and C-3 (Commercial) to a Planned Unit Development be continued to the regularly scheduled meeting of the Planning Commission on June 20, 1989, at 1:30 p.m. to allow the applicant time respond to the State Highway Department's recommendation. 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. Jerry Kiefer - yes; Lynn Brown - yes; Ann Garrison - yes; Ernie Ross - yes; Bud Halldorson - yes. Motion carried unanimously. CASE NUMBER: USR-880 APPLICANT:. Myrtle Cubbison REQUEST: A Site Specific Development Plan and a Special Review permit for a Home Business (Beauty Salon) in the A (Agricultural) zone district LEGAL DESCRIPTION: Lot 8, Block 66, Aristocrat Ranchettes Subdivision, Weld County, Colorado LOCATION: Approximately 1 mile north of the City of Fort Lupton; 15213 Barley Avenue, Aristocrat Ranchettes Subdivision. APPEARANCE: Myrtle Cubbison. applicant, reviewed her plans for a beauty salon on this property. She has reviewed the recommendation of the staff and discussed the requirements with the staff and feels she should be able to maintain these requirements. The Chairman called for discussion from the audience. There was none. 590517 &OA% b �t E • r Summary of the Weld County Planning Commission Meeting June 6, 1989 Page 2 Bud Ealldorson reported he had done a field check on this property. The property appeared well-kept and he could foresee no problems with this type of a home business on the property. MOTION: Ernie Ross moved Case Number USR-880 for Myrtle Cubbison for a site specific development plan and a special review permit for a home business (beauty salon) in the A (Agricultural) zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and development standards presented by the Department of Planning Services' staff and the testimony heard by the Planning Commission. Motion seconded by Lynn Brown. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jerry Kiefer - yes; Lynn Brown - yes; Ann Garrison - yes; Ernie Ross - yes; Bud Ealldorson - yes. Motion carried unanimously. The Chairman reminded the Planning Commission members the first meeting in July falls on July 4. Earlier in the year, the Planning Commission rescheduled the meeting to Thursday, July 6. Meeting was adjourned at 2:15 p.m. Respectfully submitted, ckcia Bobbie Good Secretary 890517 • cL•, J COY,:v,; BEFORE THE WELD COUNTY, COLORADO;' PLANNING COMMISsfON RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ernie Ross that the following resolution be introducted for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-880 NAME: Myrtle Cubbison ADDRESS: 15213 Barley Avenue. Fort Lupton, CO 80621 REQUEST: A Site Specific Development Plan and a Special Review permit for a Home Business (Beauty Salon) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Lot 8, Block 66, Aristocrat Ranchettes Subdivision, Weld County, Colorado LOCATION: Approximately one mile north of the City of Fort Lupton. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Goals and Policies. A representative of the City of Fort Lupton, in a verbal response on May 25, 1989, indicated no objections to this proposal. - The proposed use is consistent with the intent of the Agricultural zone district and is provided for as a use by special review. - The proposed use is compatible with the existing surrounding land uses which include other residences, farmland, Harold Street and Weld County Road 16 (Barley Avenue) , and a vacant platted lot. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural zone district. Special review permit development standards will ensure continued compatibility with the surrounding land uses. No objections have been received from surrounding property owners. 896517 • • Myrtle Cubbison USR-880 Page 2 • No overlay districts affect the site. - Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant. other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: I . The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within 30 days of approval by the Board of County Commissioners, the existing septic system shall be reviewed by a Colorado Registered Professional Engineer and a copy of that review shall be submitted to the Weld County Health Department before the required I.S.D.S. Evaluation can be performed. An I.S.D.S. Evaluation shall be performed on all existing septic systems prior to issuing the required septic permits on the existing systems. 4. Prior to recording the Special Review permit plat, the applicant shall submit evidence to the Department of Planning Services' staff that the requirements of the Fort Lupton Fire Protection District have been met. Motion seconded by Lynn Brown. VOTE: For Passage Against Passage Jerry Kiefer Ann Garrison Lynn Brown Ernie Ross Bud Halldorson 896517 4 • • Myrtle Cubbison USR-880 Page 3 The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case 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 June 6, 1989, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 7th day of June, 1989. gosz Bobbie Good l` Secretary 890517 O • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS MYRTLE CUBBISON CSR-880 1. The Site Specific Development Plan and Special Review permit is for a Hone Business (Beauty Salon) in the Agricultural zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. The parking areas shall be covered with gravel or hard-surfaced. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. No permanent disposal of wastes shall be permitted at this site. 6. The water source for the home business shall be a domestic well or the Aristocrat Ranchettes Water Project. A commercial water source must be approved by the Aristocrat Ranchectes Water Project or the Division of Water Resources prior to employing additional people for this home business. 7. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 8. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 9. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 10. Personnel from the Weld County Health Department, Fort Lupton Fire Protection District, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 890517 ! i Myrtle Cubbison USR-880 Development Standards Page 2 11 . The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 12. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 890517 1 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number USR-880 (Myrtle Cubbison) Submitted or Prepared Prior to Hearing at Hearing 1. Application 17 Pages X 2. One Application plat, one page X 3. DPS Referral Summary Sheet X G. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. Two DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. 5/8/89 Referral from Bud Halldorson, Planning Commission Member X 12. 5/11/89 Referral from Clyde Abbott, Platte Valley Soil Conservation District X 13. 5/9/89 Referral from Roger Vigil, Weld County Building Inspection Department X 14. 5/9/89 Referral from Weld County Health Dept. X 15. 5/8/89 Referral from Fort Lupton Fire Protection District X 16. 5/5/89 Referral from Weld County Engineering Department X 17. 5/26/89 Referral from Division of Water Resources X I hereby certify that the 17 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on June 7, 1989. C nt Plarne STATE OF COLORADO ) COUNTY OF WELD ) 1 SUBSCRIBO:,AND SWORN TO BEFORE ME THIS 1 — day of Csa.y,y _ 19%c t . ti:OTAR);;;c: YL1G � ��QF !'Q1.O al,,v��;�` NOTARY BLIC My Commission Expires February 13, 1993. 890517 CXh, b;a-C i e RESOLUTION RE: GRANT REQUEST OF MYRTLE CUPBISON TO PRE-ADVERTISE FEARING WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Fome Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Myrtle Cubbison has submitted a letter to the Board requesting that a hearing to consider a Site Specific Development Plan and a Special Review Permit be pre-advertised, and WHEREAS, a copy of said letter of request is attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it advisable to grant said request and set the hearing to consider this matter for June 21 , 1989 , at 10: 00 a.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Myrtle Cubbison to pre-advertise a hearing be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that said hearing be, and hereby is, set for June 21 , 1989, at 10: 00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of May, A.D. , 1989. N BOARD OF COUNTY COMMISSIONERS ATTEST: A'^r WELD COUNTY,//COLORADO Weld County erk and RecorderrbLem and Clerk to the Board C.W. K ibr, Cha ' rman By: n7 ( ,;, t�uj * ancn,I-JA-c. 1 Pro-Tem eputy County erk EXCUSED APPR VED AS TO FORM: Gene R. Brantner e C77/. Q George Ke nedy _ County Attorney rr��/ J GordoCI 41 890517 rTC 0 'r'f :.' ,�' �!4 v'•--t:: 890434 £d'Nr8/rc r. May 3 1989 Dept of Planning Services 915 Tenth Street Greeley Co 80631 This Application for a Special Use Permit is extremely important to me. I need to get started to work as soon es possible as I am my onit means If you would allow the Pre Advertising of my renuest it would save some time for me I have no money coming in at this time so any help you can give me will be greatly appreciated. LC o re.ee i, v 890517 Ex h ; h,+ A EXHIBIT INVENTORY CONTROL SHEET Case u a Exhibit Submitted By Exhibit Description 5/ A. 1111.j jttO t (.tie6az�K let/ " /f> 4 -1 zilir('/2tiv . .11� /ln (( rI_ /� // /) 5k B. ( I�o i),� , �-G) &V t., deaf-Pa,[t'!./sHl g C. L(2) ni rt \Sfi��i Jn7/.P// iiiy J74,„f.„ ,,det J.1 ive nt �P 1� D. il/Itrl ri / oen.1 d Fier. 1 // S.f' 27 m iy,dat0- 10\a E. Picardzt (_17/1./7/./ •Atin Nno/t U l<'K _ e i 54a F. (4'44 k L42I na, ,04742i ft . c. - H. I. .1. K. L. M. N. 0. 890517 II l( • DEPARTMFN7 OF PLANNING SERVICES 1 lag PHONE(303)356.4000 EXT.4400 915 10th STREET • GREELEY.COLORADO 80831 i e C. I „ . . .. 4x'4• `cc � COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, June 6, 1989, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for a home business in the A (Agricultural) zone district for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Myrtle Cubbison LEGAL DESCRIPTION: Lot 8, Block 66, Aristocrat Ranchettes Subdivision, Weld County, Colorado TYPE AND INTECSITY OF PROPOSED USE: Home business (beauty salon) in the A (Agricultural) zone district LOCATION: Approximately one mile north of Fort Lupton; north of Weld County Road 16 and east of Weld County Road 31 SIZE: One acre, more or less The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on June 6, 1989. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley. Colorado 80631 - Phone - 356-4000, Extension 4400. Bud Halldorson, Chairman Weld County Planning Commission To be published in the Keenesburg New News To be publish e ( t by Yay 11, 1989 Received by: / ` 'i Date: I � , R 89®51.7 • S Date: June 6, 1989 CASE NUMBER: USR-880 NAME: Myrtle Cubbison ADDRESS: 15213 Barley Avenue, Fort Lupton, CO 80621 REQUEST: A Site Specific Development Plan and a Special Review permit for a Home Business (Beauty Salon) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Lot 8, Block 66, Aristocrat Ranchettes Subdivision, Weld County, Colorado LOCATION: Approximately 1 mile north of the City of Fort Lupton. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Goals and Policies. A representative of the City of Fort Lupton, in a verbal response on May' 25, 1989, indicated no objections to this proposal. - -The proposed use is consistent with the intent of the Agricultural zone district and is provided for as a use by special review. - The proposed use is compatible with the existing surrounding land uses which include other residences, farmland, Harold Street and Weld County Road 16 (Barley Avenue) , and a vacant platted lot. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural zone district. Special review permit development standards will ensure continued compatibility with the surrounding land uses. No objections have been received from surrounding property owners. - No overlay districts affect the site. - Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. 890517 • • Myrtle Cubbison DSR—SSO Page 2 This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the board of County Commissioners. _. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within 30 days of approval by the Board of County Commissioners, the existing septic system shall be reviewed by a Colorado Registered Professional Engineer and a copy of that review shall be submitted to the Weld County Pealth Department before the required I.S.D.S. Evaluation can be performed. An I.S.D.S. Evaluation shall be performed on all existing septic systems prior to issuing the required septic permits on the existing systems. 4. Prior to recording the Special Review permit plat, the applicant shall submit evidence to the Department of Planning Services' staff that the requirements of the Fort Lupton Fire Protection District have been met. 896517 • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS MYRTLE CUBBISON USR-880 1. The Site Specific Development Plan and Special Review permit is for a Home Business (Beauty Salon) in the Agricultural zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C,.R.S. , as amended. 3. The parking areas shall be covered with gravel or hard—surfaced. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. No permanent disposal of wastes shall be permitted at this site. 6. The water source for the home business shall be a domestic well or the Aristocrat Ranchettes Water Project. A commercial water source must be approved by the Aristocrat Ranchettes Water Project or the Division of Water Resources prior to employing additional people for this home business. 7. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 8, The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 9. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 10. Personnel from the Weld County Health Department, Fort Lupton Fire rrotection District, and Weld County Department of. Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 890517 • • Myrtle Cubbison CSR-880 Development Standards Page 2 1I . The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 12. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 890517 of®coy • a, • Roy ROMER H $, JERIS A. DANIELSON Governor * - w r �Iet-S State Engineer An i w * /876 } OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 May 26. 1989 Ma. Lanell J. Curry, Current Planner Weld County Dept. of Planning Services 915 10th Street Greeley, CO 80631 Re: Case No. USR 880; Myrtle Cubbison Sec. 27, T2N, R66W, 6th PM Dear Ms. Curry: We have reviewed the above referenced proposal to establish a beauty salon home business in a mobile home located adjacent to the single-family dwelling on a 1 acre lot. The proposed water supply is to be an existing domestic well permit number 33236 issued in March 1968. A domestic well cannot be used to serve a commercial operation. We will have no objection to the proposal as long as the operation remains a home business with only the applicant providing beauty services. Sincerely, / Hal D. Simpson, P.E. Deputy State Engineer HDS/JTS: cc: Alan Berryman, Division Engineer 1rR4441L 3 0 1989 JJ &Id Cu. Plalwut uuImIctm, 896517 • • LAND-USE APPLICATION SUMMARY SBEET Date: May 30, 1989 CASE NUMBER: USR-880 NAME: Myrtle Cubbison ADDRESS: 15213 Barley Avenue, Fort Lupton, CO 80621 REQUEST: A Site Specific Development plan and a Special Review permit for a Home Business (Beauty Salon) in the A (Agricultural) zone district LEGAL D$SCRIFTION: Lot 8, Block 66, Aristocrat Ranchettes Subdivision, Weld County, Colorado LOCATION: Appro::imately one mile north of Fort Lupton SIZE OF PARCEL: One acre, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from the Weld County Health Department, Fort Lupton Fire Protection District. Weld County Building Inspection Department, Platte Valley Soil Conservation District. Copies of these reterral responses are included in this summary packet. No objections have been received from surrounding property owners. 890517 20 R ,� • 21 L2 y 23 ._ -.1 l-,--/- ___= • �,-•: � � - A is`- 1 --- -..,w... .6-1-4.,_.�� -ree�' c \-21 I 22 ? \.> 23,. _ ` I . Q, 20 x900 4r •- 11 • _ weer ��. :.t BMq. �. - 1/ . • M • tmIw9tl/ ` - l .,.,<,....,5), - •may E'orter SCh• C j 49 • \•‘, • - .. - 4919-• - \� - 5060 I = . i 4• �r w9so h --� • 1 Onc \ 24 28 -•� 4, 961 .,,.74..4,. ..1.9 .47. 1.4 441 \\\26 J • \� \ -y • 1' ../• Li - : i' s ` — 496 - . y _ • 4 ..�/ e'I '� I 94,4• _ ogle '1 f t. ) w �_ • / T// ` 1 / '�aG , 4,'h' 4 , �c o..> 33 34 r I' I 35 r i :.• • • , . „) •\. ,� J ' FM 4,90. .4,992 . •997 i1E I I _ I y $ i d I ' w /- Fort Lupton• 1 as r, l — ' r4a;st \ .ro \°\\ ILCH.,' • 7 ,,' r . 1 v]4, e'Millsde - j. • — -��— _I r" .-a �.1 e, t , q _ i s I t N s h N w � l Q Ch D N ill Cs, .nm n s l n to n ri-• n\\ q LL,.. J .�_ �ws.��LL�I !I T 'Ti' - r- , 1 .01i - -.\_�i a a —W w�.r-- Cc ' N K N h q N M1 g de h q N h . N NI; I1 `m" ..—>, ti . -*-- ti .4 No •i( I- In V1 n - b � O ! ' n tldn VI .. g10II I :__.-t____:____2____Q II z O a 2 r YI 4 r .I n J1 P I q laj r . e P q I I y. ._'� 1 ITS I��i - E _ _I . ; - : e 1 - o o I ` t a{i O.< — I I L . 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' N-. .2I� 43- N A I M'i?O--, r,-,n N 17 1 P IC) I {p I V I ., 10 1 n 10 1¢.1 n . ,C ' o t n b n . b 1 1 n b _n II m^I 1 n 1 10 11 1 '..,.i.—:� . _.2t___�j 1 --• J J P I I—� 1 1 ��Q�I r J� 1 I N I r 1 N4 r I •N r I n V r n Y I q 1 �� T^ �_ , o�odow L _ 1 r , I _ i m ¢ i I _ 'I¢ 11—O ,fl- 1 ,7, ' I - I r I 1 n^ - I b 1 " 11--1,71 1 N ' ' N 1 : 1 1 N II a I 1 N 1 Y N-n ; NI n .' Q P I N P n . N 1 n lei.. I lin l .c ' 1 ^ +.1 ‘b II n I b I I n l' b Ile Ike I n Ai P I I b HMI I u I 1 � I! 1 1 I;n ,l it I 0) Y.,. a ! W I .,___I I .1..!^j.l :J r n :4O, I Y_ P n J �`4i �1 I I ( • �I •,pc I 1 •• _ •I r1I _ .a / r. s 890517 I FIELD CHECK FILING NUMBER: USR-880 DATE OF INSPECTION: May 19. 1989 NAME: Myrtle Cubbison REQUEST: Site Specific Development Plan and a Special Review permit for a home business (beauty salon) located in the A (Agricultural) zone district LEGAL DESCRIPTION: Lot 8, Block 66. Aristocrat Ranchettes Subdivision, Weld County, Colorado LOCATION: Approximately one mile north of Fort Lupton: south of Weld County Road 16 and cast o2 Weld County Road 31 LAND USE: N Vacant Iot E Harold Avenue 5 Weld County Road 16, farmland, power station W Residence ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Located on the property are 3 accessory structures, one mobile home, and a stick-built home. Access to the property is off of Weld County Road 16, a gravel road having a county local classification. The property's natural drainage is in a northerly direction. The property has adequate room to provide parking for clients. By: B rent Pla finer 890517 REFERRAL LIST NAME: Myrtle Cubbison CASE NUNBER: USR-880 REFERRALS SENT: May 5, 1989 REFERRALS TO BE RECEIVED BY: May 19 , 1989 COUNTY TOWNS and CITIES Attorney Ault X Health Department Brighton Extension Service �Dacono Emergency Management Office Eaton Sheriff's Office Erie X F.ngincering ___- Evans ---- Housing Authority Firestone Airport Authority X Fort Lupton X Building Inspection Frederick ^Garden City ___- STATE Gilcrest :: Division of Water Fesources Greeley ___- Geological Survey Grover Department of Health Hudson Highway Highway Department Johnstown Historical '_Historical Society �Reenesburg -� tater Conservation BoardKersey ____ Oil and Gas Conservation Commission La Salle ' -_-- Lochbuie FIRE DISTRICTS Longmont _Ault F-1 ----Mead Berthoud F-2 Milliken Brighton F-3 _New Raymer _ Dacono F-19 Nunn Eaton F-4 Platteville X Fort Lupton F-5 _Severance Galeton F-6 _Windsor Hudson F-7 _ Johnstown F-8 COUNTIES La Salle F-9 _Adams 'Longmont F-10 ----Boulder Milliken P-11 Lariner 'Nunn F-12 _Pawnee Platteville F-13 FEDERAL GOVERNMENT AGENCIES Platte Valley F-14 US Army Corp of Engineers �Poudre Valley F-15 USDA-APHIS Veterinary Service RaynerFederal Aviation Administration ^Southeast Weld F-16 —Federal Communication Commission Windsor/Severance F-17 ~Wiggins F-18 Western Hills F-2C SOIL CONSERVATION DISTRICTS X Platte Valley OTHER Fort Collins Central Colo. Water Conservancy Dist. Greeley Panhandle Eastern Pipe Line Co. _Longmont Tri-Area Planning Commission West Adams __-- COMMISSION/BOARD MEMBER t X Bud Halldorson ry __ _89©511 • FIELD CHECK • Filing Nz:rrber: CSi.-?'0 Date of Inspection: S/,�/7j9 Applicant 's Same: Myrtle Cubbison Request: Home business (beauty salon) in the A (Agricultural) zone district. Legal Description: Lot F, Block 66, Aristocrat Ranchettes Subdivision, Weld County, Colorado Location: Approximately one mile north of the City of Fort Lupton; north of Weld County RcLd 16, east of Weld County Foad 31 Land Use: .. 2 ,,der1et.. /J _ E Coy.'�I ifc Jid,',.Ce.: s CA leco (UJh eO ) ( Pi ,innw i ) w LP iblev,c"_ Zoning: E' A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) CG:MENTS: C&o` ,/ of pp.v7'Lcurav eo1isey. evice ) :I i 1 el-a:;_____ __(2___7442eopxi Signature of Board Member AM . :2,39 i c-LS J rap Ylá. I I IYIIIk4 slialiailZiag 890517 `1 . DEPARaSNT OF PLANNING SERVICES PHONE(303)356.4000 EXT,4400 915 10th STREET GPEEIEY,COLORADOAA0O 80 808331 wrJic CASE NUMBER USR—S80 COLORADO May 5, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Myrtle Cubbison for a home business (beauty salon) in the A (Agricultural) zone district. The parcel of land is described as Lot 8, Block 66, Aristocrat Ranchettes Subdivision, Weld County, Colorado. The locatiou of the parcel of land for which this application has been submitted is approximately one mile north of Fort Lupton; north of Weld County Road 16 and east of Weld County Road 31. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by May 19, 1989, so that we may give full consideration to your recommendation. Please cell Lanell J. Curry, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1 . We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. G, off . q.?] 2. We do not have a Comprehensive Plan, but we feel this request Zj (is/is not) compatible with the interests of our Y _ -.r town for the following reasons: ILn I I 1 J CO lv; yVD - 1 3, We have reviewed the request// and ,find no conflicts with our interests. �fII en2 4ta le _QeaJej/e-� n/� - N42 0 oL 5u/ -a.a( • / 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer/to the enclosed letter. / C ,47Signed: (.. i /4, �li44Zt Agency: l/ i2ZI �a�C�.q J ! l� )) Date:!/)7/41 /7 / cci JJ 890517 i • mErnoRAnDurn mC To Lefler.. J. Curry, Current Planner oacelay 9, 1989 COLORADO From 7.c£rr 9ipil, Building Inspection EC Subjace: Myrtle Cubbison - FSR-880 I Talked to Mrs. Cubbison, and recommended that the from steps be changed to meet the code for B-2 Occupancy. • 890517 0`i rnErn0 nDum 7 l "74 II SIDC To Weld County Planning Date May 9, 1989 COLORADO From Environmental Protection Services lid ” . subiecr. Case Number: USR-880 Name: Cubbison, Myrtle Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: I. All liquid and solid wastes, shall be stored and removed for final disposal In a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. 3. The existing septic system is required to be reviewed by a Colorado Registered Professional Engineer. and a copy of that review submitted to this Division before the required I.S.D.S. Evaluation can be performed. 4. An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. EPS/cs rte— . .ay 1 FY I 01989 It%CU• %•,w°ne �o�py�tsSWY 890517 Ft. Luton • •° , cirlao,v � Gttil/tesi � R��` 1121 DENVER AVE. EMERGENCY 857-6619 FT. LUPTON, CO 80621 OFFICE 857-4603 .;ay 6', 1939 J / ent of 3lanninu ;;ervi cos 915 10th street Greeley, Colorcdo 80631 To .;ham it may concern : Recently the tort Lupton :ire Protection District 3oar5 passed a resolution to adopt the 1988 iniform Fire Code in the district boundriec of o ;r district. ;pon approval of the County Commis- sioners, : would like to inspect this business to make the app- licant aware of the Code and inform them of any violations. If you cold inform the applicant, upon your approval of the app- lication to your department, for them to notify me, I would app- reciate it. Thank yo ; , Larry Richardson Fire Larshal 416b � rl'r; ; 1.09 1989 Wend to.Mau ,:estu" Oat' %et/iv& tinattediatv g.� ul,," 890317 0 OF PLANNING SERVICES ',maw oLHELTIN6A Piti tiDEPARTEVNT __ ll +1')RICEL:17, CO •-,.,)frp:::2 . • _..1 • CASE NUMBER USR-880 COLORADO May 5, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Myrtle Cubbison for a home business (beauty salon) in the A (Agricultural) zone district. The parcel of land is described as Lot 8, Block 66, Aristocrat Ranchettes Subdivision, Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately one mile north of Fort Lupton; north of Weld County Road 16 and east of Weld County Road 31. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by May 19, 1989, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. c— c. 1 F I • Sr--1 2. We do not have a Comprehensive Plan, but we feel this request s I -:7c ) , t, : (is/is not) compatible with the interests of our Lin ; town for the following reasons: 4 CO f I - �o , c' 2.J 3. We have reviewed the request and find no conflicts with our C.7 interests. 4. A formal recommendation is under consideration and will be submitted to ycu prior to: 5. Pleas refer to the enclosed letter. Signed: . N / _'41 �� Agency: P:..ul1,�r r{; -.s: Date r - ti -b c 890517 OP STATE Sr CCLIO2.-,D:.? COUNTY OF :'JEI_..J David D. Reynolds, being duly worn. says that he is publisher et the New News, n ,Ale ek!y newspaper published in !<:;esne^hL,trQ in ;aid County and State; newspaper r has a Qcncral circulation in said Ccunty and has bel..n n tinou Wit/ and NOTICE OF PUBLIC F{KARING b l ; therein , The Weld County PlannWt uninterruptedly published_ had +here .n .� Commnauon will hold a pu0l,c luring a ar.'Lc.d of a t least hearing on Tuesday, June 6. 1969 !a at 1:30 p.M. for the p of fifty—two consecutive weeks prior to pevetop+nent Plan and a ieleal the first publication of the Revnew pest �tn for a e ca{'1�1 :: t,. business to the A cAgriculturalzone l ry notice that said newspaper is a deteTtb oelow istri f°Ayproviir the rof . newspaper. within; the the request may creoCe a vest.Y1 .kswspape wi hin h_. meaning of the roperty, rat pursuant to ZcCti of the General r.. .t 1 the R.nlorPdyol�w �'� �?. rt; Assembly o?' le:. APppI1CA.NT: Myrt1�•�n bblaon • State of Colorado, entitled "An Act IlGAL DlSiutoeION: Lot 8, .� -,.,.- , Bunk b6, Artatocat RaAchetle5 t. regulate F�. s.: \ubdh.LLnon. Weld County, '...f] r wl.t::l'..>:� the printing c o' legal Colorado. notices 'ir, Advertisements, " PRO ADD INTENSITY OF d' and PROPOSED 's>:_ Harm btlFtfleb6 amendments thereto; that r,beauty salons to the � ��'" t "'^ q.h r notice_i=f^ �Arazlcultura►n zone d tstrut Loeauon: Aoorosunate1Y one mile of which he anneNed is a printed north of Fort Lupton, notch of Weld County Road I6 anG east of copy taken from said newspaper, was Weld try.Road31. SITE: Vne acre, rno+e oe lelN publ:ichr�d in ..Aie; newspaper, and in The Qu hearnnitwil be held to -'v regular entire �-e- r i. the Weld County CaArtuas°ne Weld the re„r ular and ent a issue a . Hearing Room, F'lrst Floor. Weld r n County Centennial Center. 915 every number the ryn of , once a week Toth Street, Greeley, Colorado. Comments or ob)ectIOna related to '`c,r 1 week that :;yid notice was sc the atlove request should be submitted to writing to the Weld published =r1 said newspape proper County peparlrnent of Ylantluut ,and not in any supplement thereof. 342,Services,Greeley,Tenth Street, 0x06331 342, Greeley. before the above date or presented and that the first publication of at the public hearing on June 6, • said notice as aforesaid, was on the Mies of the application ore avudoble foe public inspection in the t)epertntent of Planning yyeervlees Room 342. Weld Coventy 1l.th day of May, 1.939, centetutlat Came 915 Tenth Std•Greeky, torado 40801 • PP 33.5566.11000000 :tenuan 4100. the HnUdonon, tm►an and last on thn Weld County Planning Commission To be published an the Keansburg yew Sews To be published one (1) tune by 113O- y o f '"'':Y o , May 11. 1989 Received by: Date_ Published ed in The Nei. Nehs 14ay 71, Subscribed//and zwor to before me this .L!_ day of May, "1989.4e&M N •ary Public1 commission expire 9 t2-90 'hQY 1 7 1989 kJ litid C . Piptulluz amnia.= 890517 • • " CERTIFICATE OF M A I L I 1: C I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in the case #L'SR-880 for Myrtle Cubbison in the United States Mail postage prepaid First Class Mail by postal card as addressed on the attached list. This 5th day of May 1989. TO: SrRROUNDING PROPERTY OWNERS CR OWNERS AND LESSEES OF MINERALS Tr ACCORDANCE WITS WELD COUNTY'S NOTIFICATION REQUIREMENTS. The Weld County Planning Commission will hold a public hearing on Tuesday. June 6, 1959, at 1:30 p.n. in the County Commissioners' Rearing Room, firer floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, concerning the request et: CASE NUMBER: LSR-880 APPLICANT: Myrtle Cubbison REQUEST: A Site Specific Development Plan ana a Special Review permit for a home business (beauty salon) in the A (Agricultural) zone district LEGAL: Lot 8, Block 66, aristocrat Ranchettec Subdivision, Weld County, Colorado LOCATION: 15212 Parley Avenue, Aristocrat Ranchectcs Subdivision For more information call Lcnell J. Curry, Current Planner. WELD COUNTY DEPARTD:ENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, CO 80631 Phone 356-4000, Ext. 4400 89®517 • • MAIL:NIC LIST Myrtle Cubbion USR-880 Agnes Leona Glidden 15704 Good Avenue Fort Lupton, CO 80621 Henry L. and Sirley J. Johnson IS South Madison Denver, CO 80209 Opal Pauline 11111er 15163 Barley Avenue Fort Lupton, CO 80621 Leon and Sally Piney 7075 Haoid Street Fort Lupton, CO 30621 Janes R. , Jr. , and Sandra Barclay 15076 Coleman Fort Lupton, CO 80621 Secretary of Housing and Urban Development 1405 Curtis Street Denver, CO 80207 Virgil and Goldie Lyons 15166 Good Avenue Fort Lupton, CO 80621 Gerald D. Hanson and Delores Swarthour 15165 Good Avenue Fort Lupton, CC S0621 James L. and Betty J. Stewart 7166 Harold Street Fort Lupton, CO 8062I Daniel Yarrinet 15126 Colorado Hwv 52 Fort Lupton, CO 80621 Virginia C. Smith 15253 Barley Avenue , Fort Lupton, CO 80621 Rennet Corporation 23203 East 152nd Avenue Brighton, CO 80601 890517 e • }'AILING LIST Nyrtle Cubbison USR-880 rape 2 Andrew D. Cole 152C" Farley Avenue Fort Lupton, CO C0621 N. J. YcConahay Estate 9500 West 26th Avenue Lakewood, CO 80215 James hotthines 456550 Clarkson Street Englewood, CO 80110 890517 • (t �. DEPARENT OF PLANNING SERVICES I al PHONE(303)356.4000 EXT.aaoo 1 t + 9:5 Rom STREET /lT��_ q GREELEY,COLORADO 80631 • COLORADO May 5. 1989 Ms. Myrtle Cubbison 15213 Barley Avenue Fort Lupton, CO 80621 Subject: USR-880 - Request for a Sire Specific Development Plan and a Special Review permit for a home business (beauty salon) located in the A (Agricultural) zone district on a parcel of land described as Lot 8, Block 66, Aristocrat Ranchettes Subdivision, Weld County, Colorado. Dear Ms. Cubbison: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission on Tuesday, June 6, 1989, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Fort Lupton Planning Commission for its review and comments. Please call Tracy Reynolds at 857-6667 for further details regarding the dare, time and place of this meeting. It is recommended that you and/or a representative be in attendance at the Fort Lupton Planning Commission Meeting to answer any questions the Commission members may have with respect tc your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to May 17, 1989, you or a representative should call me to obtain a sign to be posted on the site no later than May 27, 1989. 890517 • Ms. Myrtle Cubbison May 5, 1989 Page 2 The Department Of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of an applicant to call the Department of Planning Services' office a few days before the date of the Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, Lanell J. Cu ry O Current Planner BJB:rjg 890517 • • USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone — 356-4000 — Ext. 4400 Case Number Date Received Application Checked by _ Mylar plat submitted Application Fee _ Receipt Number Recording Fee Receipt Number MMMMM TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: STA of SWk Section 27 T 7 N, R 66 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: 97 Section 1 T 7 N, R 66 W Property Address (if available) 157'13 Barley Ave PRESENT ZONE _Agriculture OVERLAY ZONES Residentual TOTAL ACREAGE 1 Acre PROPOSED LAND USE Beputy Splon Home Business EXISTING LAND USE Single Fpmily SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Andrew David Cole Address: 157'3 Barley Ave City Fort Lupron Colo. _ Zip 80621 Rome Telephone It 659 859' Business Telephone # Name: Address: City Zip Rome Teleph• _ Business Telephone # APPLICANT OR AUTHORIZED AGENT lit different than above) : Name: !1 .42- I :iUL, C' c.;r�w Address: 9 /5'g l3 13er.J C610—e-- City f�t t- / up s Zip ci of Home Telephone If _ �. y• 1 Business Telephone It List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Andrew D Cole Address: '57'3 Barley Ave CityFort Lupton, Colo Zip 80621 Name: Mr N J Mc Conphy (Deceased) obit in ;toper 11 76 88 Address: 9300 W 96th Ave _ City Lakewood . Co Zip 80215 I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) Sigfature: Owner or Authorized Agent Subscribed and sworn to before me this`hgday of 1911.. , / ^ROSARY PUBLIC My commission expires \ yQ Co/ A"/�1c)_. �} 890517. • • May 2, 1989 Dept. of Planning Services 915 Tenth Street Greeley, Colorado 80631 This application is for a Special Use Permit for a Beauty Salon Home Business. There is not a business of this kind in the area which is zoned agricultural, but has been sub-divided into one- acre residentuals. This Beauty Salon would be on Road 16. Road 16 changes to Barley Avenue at Road 31. The closest residence is 250 ft. to the West. There are also residences on the North and East, but to the south is open field, sometimes sowed in wheat, sometimes not. The maximum number of patrons at a time would be 4, as I am the only beautician to be working for 2 years or more. There is ample parking on the property, as there is a gravel driveway, and parking for 3-4 at edge of the yard for the mobile home and 2 can park in front of the garage on south part of acre. Most work will be done in the day time, except on rare occasions. The water will come from a 700 ft. well that has been tested and found pure and only 1% of hardness. There is also a water tap for Aristocrat Water if needed. The vehicles coming onto the property will be cars and/or trucks on Rd. 16 from west or east and Harold on east side of acre. The sewage will be handled by 2 septic tanks and 2 leach fields - drawn on Plot Map. A fire hydrant is approximately 250 ft. away. No animals will be in the salon. I do have a dog which will be in the house not connected to the salon. Each year we bring a mere hone to foal and then return her to the pasture. That area is fenced away from the salon. No waste, stock pile or storage areas will be associated with the proposed use. All trash will be placed in a dunpster and removed every 2 weeks, or more if needed. • • i The acre is on a slope and the elevation starts at 5,000 ft. No special landscaping plans or erosion control is needed for my use. There will be no changes on the outside of the Mobile Hone for the purpose of this permit. Therefore, there will be no difference if changed back to a residence. The removal of shampoo basins and repair of walls and it will be a residence again. I can open the salon within a couple of weeks upon issuance of the permit. Due to property being in an agricultural zone but sub-divided in one-acre lots, it will be consistent with the plan of this area. Because of the sub-divided area, and no outward changes will take place except a small sign it will not harm the area at all. Because of the nature of business and State Inspection at least once a year, all possible means of protection of the health, safety, and welfare of the patrons are number one in priority, so, therefore, also to the community. Since surrounding uses is residential, I will be doing nothing to be a detriment to the area. No changes will be made on the surroundings according to the zoning now. Due to the elevation shown on area map, there is no danger of flooding or airport overlay. The well on the property is #1-33236 and was drilled in 1968. We replaced the pimp the 12th of April 1989. It has run full 24 hours and still 200 ft. of water. Since all work will be done inside the mobile hone a noise report is not applicable. Due to not doing anything on the outside of the Mobile Home, a soil report is not applicable. • • -411A'de' /' C� r' t! ' ac elt',,�,2c 7 890511 May 2, 1989 Dept. of Planning Services 915 Tenth Street Greeley, Colorado 80631 This application is for a Special Use Permit for a Beauty Salon Home Business. There is not a business of this kind in the area which is zoned agricultural, but has been sub-divided into one- acre residentuals. This Beauty Salon would be on Road 16. Road 16 changes to Barley Avenue at Road 31. The closest residence is 250 ft. to the West. There are also residences on the North and East, but to the south is open field, sometimes sowed in wheat, sometimes not. The maximum number of patrons at a time would be 4, as I am the only beautician to be working for 2 years or more. There is apple parking on the property, as there is a gravel driveway, and parking for 3-4 at edge of the yard for the mobile home and 2 can park in front of the garage on south part of acre. Mrost work will be done in the day time, except on rare occasions. The water will comae from a 700 ft. well that has been tested and found pure and only 1% of hardness. There is also a water tap for Aristocrat Water if needed. The vehicles coming onto the property will be cars and/or trucks on Rd. 16 from west or east and Harold on east side of acre. The sewage will be handled by 2 septic tanks and 2 leach fields - drawn on Plot Map. A fire hydrant is approximately 250 ft. away. No animals will be in the salon. I do have a dog which will be in the house not connected to the salon. Each year we bring a mare home to foal and then return her to the pasture. That area is fenced away from the salon. No waste, stock pile or storage areas will be associated with the proposed use. All trash will be placed in a dunpster and removed every 2 weeks, or more if needed. • 89USit H . s The acre is on a slope and the elevation starts at 5,000 ft. No special landscaping plans or erosion control is needed for my use. There will be no changes on the outside of the Mobile Home for the purpose of this permit. Therefore, there will be no difference if changed back to a residence. The removal of shampoo basins and repair of walls and it will be a residence again. I can open the salon within a couple of weeks upon issuance of the permit. Due to property being in an agricultural zone but sub-divided in one-acre lots, it will be consistent with the plan of this area. Because of the sub-divided area, and no outward changes will take place except a small sign it will not harm the area at all. Because of the nature of business and State Inspection at least once a year, all possible means of protection of the health, safety, and welfare of the patrons are number one in priority, so, therefore, also to the community. Since surrounding uses is residential, I will be doing nothing to be a detriment to the area. No changes will be made on the surroundings according to the zoning now. Due to the elevation shown on area map, there is no danger of flooding or airport overlay. The well on the property is #1-33236 and was drilled in 1968. We replaced the pump the 12th of April 1989. It has run full 24 hours and still 200 ft. of water. Since all work will be done inside the mobile home a noise report is not applicable. Due to not doing anything on the outside of the Mobile Home, a soil report is not applicable. • c am.trA - ssosj.. 0 • • I do hereby authorize MYRTLE CUBBISON to sign any papers concerning Special Use Permit on 15213 Barley Avenue, Ft. Lupton, CO. ANDREW D. COLE STATE OF COLORADO County of Weld The foregoing instrument was acknowledged before me this )roiday of V.A.k1 1989. My commission expires September 6, 1992. e.69:504€400 No �Public 8905519 May 3 1989 Dept of Planning Services 915 Tenth Street Greeley Co 80631 This Application for a Special Use Permit is extremely important to me. I need to get started to work as soon as possible as I am my onit means If you would allow the Pre Advertising of my renuest it would save come time for me I have no money coming in at this time so any help you can give me will be greatly appreciated. • N zt, J e G9Cr 7 _ _ t-2H, v • • 890517 • • AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Bprley Ave Fort Lupton, Co 80691 Subject Property 'S^'3 STATE OF COLORADO ) Andrev D Cole ovner 55. Myrtle Cubbison pgent COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. iZit The foregoing instrument was subscribed�/ and sworn to before me this 3Iay — _, 19 by WITNESS my hand and official seal . My Commission expires: )11 �/ .1C19 N ary Public 890517 • • NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # 1 Glidden Agnes Leona 15704 Good Ave Fort Lupton, Co 80671 1309 27-3-17 002 Johnson Henry L Shirley J 1309 2/ 3 1/ UU3 18 S Madison Denver Co 80709 007 31iller Opal Pauline 15163 Barley Ave Ft Lupton. Co -{0671 1309 77 3 17 0014 4 Finley Leon Sally 707rHrrold Ft Lupton Co 80621 13119 2/ 3 1/ wit, 005 5 Barclay James R Jr Sandra C 15076 Coleman Ft Lupton 80621 1309 77 3 16 003 6 Sec of Housing & Urban cevel•)pvent 1405 Curtis Denver Co 80707 1309 27 3 16 007 7 Lyons Virgil Goldie 15166 Coleman Ft Lupton, Co 80671 1309 7/ 3 16 uU6- 005 8 Hanson Gerold D & 15165 Good Ft Lupton. Co g067f 1309 dl 3 lb Uv4 Swartout Debris 9 Stewart James L Betty J 7166 Harold Fort Lupton. Co 80621 1309 27 3 15 001 0O2 10 Martine? Daniel 15176 Colo Hy 52 Fort Lupton, Co 80671 1309 I/ 3 r) 0U3 11 Smith Virginia Catherine 15753 Barley Ave Ft Lupton, Co 1309 t/ s '8 (hp 008 vv/ 003 out 17 Public Service Co 1309 34 0 00 010 13 Rennoc Corp 73703 E '57nd Ave 1309 34 0 99 UhI 5 1 1989 890517 ; — $ 1 • • Dames Of Owners Of Property Within 500 Feet 1309 27 3 17 002 ✓ Glidden Agnes Leona 15704 Good Ave Fort Lupton. Colo 80621 003: _2 Johnson. Henry L, Shirley J 007 ,8 S Madison Denver. Co 80209 009 5 Miller. Opal Elaine 15163 Barley Ave Fort Lupton, Co 80671 006 f Finley Leon Sally 005 7075 Harold Fort Lupton, Colo.80671 1309 27 3 16 003 Barclay, James R Jr Sandra C 15076 Coleman Fort Lupton, Co 80621 007 6 Secretary of Housing & Urban Development 1405 Curtis Denver, Co 80202 006 7 Lyons Virgil Goldie 005 15166 Coleman Fort Lupton, Co 80621 004 7 Hanson Gerald D and Swartout Delores C 15165 Good Fort Lupton, Co 80621 1309 77 3 15 001 q Stewart James , L Betty J 007 r 7166 Harold St Fort Lupton. Co 80671 003 /C Martinez Daniel ,5176 Colo Hy 52 Fort Lupton Co 80621 1309 27 3 18 001 /8 Smith Virginia Katherine 008 15253 Barley Ave 007 Fort Lupton, Co 80671 003 007 1309 34 0 00 010 /J.-Public Service Co 1309 34 0 00 007 13 Rennoc Corp. 73203 E 152 nd Ave Brighton Co 80601 890517 AFFIDAVIT OF INTEREST OWNERS MINERALS AND7OR SUBSURFACE Application No. Subject Property'5�"3 Barley Ave Fort Lupton. Co 8062' STATE OF COLORADO ) Andrew D Cole owner ss. Myrtle Cubbison agent COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before me this 3 day of 9 AC Off. WITNESS my hand and official seal. My Commission expires: j 4o, /qq ' tary Public 8905,17 Interest Owners Of Mineral Rights and/or Subsurface Andrew David Cole 15'03 Barley Ave Fort Lupton Colo 80691 .Co/ifi Y N J. McConahay ' Deceased 11 99 88 9500 W 26th Ave. Daughter Inez Seymour Lakewood, Clol 80915 His Secretary InezWoodruff 397 .4435 MCCON .N.!•Mdra?ZV,Or LaYe- vrCeO.ROW of Sono.54Y• mow: LObMOOO•tolllef•In• IONol 1An$1YTWf•04,3>W mvep av Pron40ovenur �S�an00 SevmOW onOvdoa -4 Ines°=flirt':ir.c 11011 YnOOY.OnIM1 eblIY• !i orv,inn wrest-38^ :di,T.' TOWED\,,,,, . .,ett �pm.MNILt \ EM TE P�{e comp ai Moor• try nel hlae+worin. 1Wr� • yea „ • O DEPARTMENT OF HEALTH fns, 1516 HOSPITAL ROAD 1114 GREELEY,COLORADO 60631 ADM)NISiRA77ON(303)353-O566 k HEALTH PROTECTION{303)353-O635 ,'. f.:•- COMMUNITY HEALTH(303)353-0639 COLORADO May 4, 1989 Andrew Cole 15203 Barley Avenue Fort Lupton, Colorado 80621 Dear Mr. Cole: On May 2, 1959, your water was sampled by Alice Rinebold of this department. In accordance with the Standard Methods for Drinking Water Analysis, your water was tested using a membrane filtration procedure. In this procedure, our laboratory looks for the presence of the coliform bacteria. The presence of coliform bacteria indicates the occurrence of fecal contamination in a water supply. Analysis of your water yielded the following results: ACCEPTABLE - according to rho Colorado Primary Drinking Water Regulations, your water is considered fit for human consumption. If you have any further questions regarding your test results, you may contact this department at 353-0635. • Sincerely,tvez,Wes Potter, Director Environmental Protection Services 1:P/dgc Enclosure 4 4* • r 890517 • • PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE PLANNING COMMISSION HEARING FOR CASE # . THE SIGN WAS POSTED BY: NAME OF PERSON POSTING SIGN 1714//R-GK. SIGNATURE OF APPLICANT `,��;�,'•,t•;; 'STATE OF COLORADO ) 2 ' / ,;L i.1 COUNTY OF WELD ) 11 ;p,a's*r SUBSCRIBED AND SWORN TO BEFORE ME THIS\ 't DAY OF / 1 '4'�`'' ..s SEAL NOj YY PUBLIC MY COMMISSION EXPIRES 9�� &, /49q4;- LAST DAY TO POST SIGN IS: 19 _ 890517 BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR CASE U . THE SIGN WAS POSTED BY: NAME OF PERSON POSTING SIGN • SIGNATURE OF APPLICANT ""STATE OF COLORADO ) %i4.• .. . COUNTY OF WELD ) �j�� j _~SUBSCRIBED AND SWORN TO BEFORE ME THI31/4 5 DAY OF 1/4 t (:1'... 19 . • .,., SEAL -'��ia�YK / AfaeRY PURL C MY COMMISSION EXPIRES ('/p(f1t Lo, /qq A- LAST DAY TO POST SIGN IS: (/ 19 .890517 4K16 ) ''' fl I11 070411EG 01889 062 VA/ 19/f:3:: wial L..i.OV I . Vv • F 217WARY ANN FEUERSTEIN CLERKCLERKIWRECORDER WELD CO, CD Re II FILING STAMP -7, I II it Ii Tills DEED, Made this 15th day of April ! 19 8,between RICHARD D. COOK AID MELINDA L. COOK I of the County of Weld and State of State Documentary��aF,yeee� l'nhn';!do,of the first part,and Date APR 1 9 .+�s.R 1 ANDREW DAVID COLE $ --ISO-. ;1.\\*. !I 15213 Barley Avenue, Fort Lupton, Colorado I� whose le Cal add rrss is I ,tithe Cowrie or Weld and Stale of Colorado,of(he second part: I 11i)O;I wl-FNI•;ssl•:'l'11.•Ihat the sade:ll't1'HP(the fll'stpart,for and Inconsiderateuof the sum of I! SEVENTY THOUSAND DOLLARS AND NO/100 ($70,000.00)'l� LLA Ps. 1� itto the sail party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby , confessed and acknowledged, has granted, bargained,sold and conveyed, and by these presents does grant,bargain. sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever. all the following described lot or parcel of land,situate,lying and being in the ('aunty of Weld and State of Colorado,to-wit: Lot 8, Block 66, ARISTOCRAT RANCHETTES, SECOND FILING kt U\ j 1 I also known as street and number15213 Barley Avenue, Fort Lupton, Colorado f., �• TOGETHER with all and singular the hereditnme nts and appurtenances thereto belonging,or in anywise tipper- 1 +' m taming, and the reversion and reversn,ns, remainder and remainders. rents, issues arid Profits thereof: and all the estate.right,title,interest,claim and demand whatsoever of the said party of the first part,either in law,o'equity.of. I , in and in the ahoy,. bargained premises,with the hereditaments and appurtenant, . it TO HAVE AND TO HOLD the said premises above bargained and described,with the anpurtenaoves,ant„the said ;'.. his heirs and assigns forever, And the said ,arty of tin- first part. for himself. his hems, party of the second part, ( ' I I I ,1 executors,and administrators,does covenant,grant,bargain,and agree to and with the said patty of the second part. II his heirs and assigns,that at the time of the ensealing and delivery of these presents.he is well seized of the premise, 1 above conveyed,as of good.sure,perfect,absolute and indefeasible estate of inheritance.in law,in fee simple.and has i! good right, full power and lawful authority to grant, bargain, sell ;Ind convey the sanu• in manner and form as '.' I aforesaid, and that the name are free and clear from all former and other grants. bargains, sales. liens, taxes, II I assessments and encumbrances of wh utov yr kind or nature"never EXCEPT EASEMENTS, RESTRICTIONS I AND RESERVATIONS OF RECORD, THE GENERAL TAXES FOR THE YEAR 1982, WHICH THE GRANTEE AGREES TO ASSUME AND PAY, WHICH ARE DUE AND PAYABLE IN THE YEAR OF 1983. I' e' I I and the above(' bargained premises in the quiet and pyaeeable possession of the said parts of the second part. his heirs and assigns against all and ',very person or persons lawfully claiming or to clams the whole or any part thereof. the said party of the first part shall and will WARRANT AND FOREVER DEFEND, The singular number shall p the pg and the Use of any gapplicable genders, I include the plural, plural the singular, gender shall he n r d1c:Jdc t„all nrlers. ! IN WITNESS WHEREOF,the said party of the first part has hereunto set his band and seal the day and year first II a hove wl'it tell, I) i / 7RICHARD/D% C90K 4 Z MFjI,4A : . COK '_ _ 'SEAL' ---- . . ---.. STATE OF COLORADO Ism. II .o Nl)r'q. County' !' BOUlder ,r,l"..i•:.. '•y 11 sJy r • .... us t, I ,.• The foregoing instrument was acknowledged before me this 25th ,1�\'er:' April'. !.-at��it n 821iy RICHARD D. COOK AND MELINDA L. COOK = o1.L��a� 'c vy"il ply cum mission expires NOVEMBER 3 1? 85.Witness nior 44. nd o(riftsj eaLs`�. � ,� q / pL�// �'�' ..'�.t' 'sus, 1877 Broadway, Boulde' , Colorado s0T3$2rl•eid„` No.932A. w,\RRA\TY IIEED.—1'••, I'6.nuv,u.i,Ir Manned.— Bradford Pobfdinp 7625 W.&A Are..Lexerond.0010214—00))252.6900-6.111 89051'7"' 4haddYU3j is Li 1, 1iARY ANN EEUERS1'EIN CLERK•RFCORDE_R WELD CO, CO R RECORDER:S STAMP THISDEED, Madethis /Nr1 day of April 1982. between Joseph Streit and Donna Ann Streit of the / County of Weld and state of Colorado,of the first part,and Andrew David Cole wnoselegaladdressis 15213 Barley Avenue, Ft. Lupton of the County of Weld and state of Colorado,of the second part, W ITNESSETH,That the said parileS of the first pat t,for and in consideration of the sum of TEN no/100 and for other good and valuable consideration DOLLARS. to the said partleSlf the first part in hand paid by the said party of the second part.l he receipt whereof is hereby confessed and acknowledged, has remised. released, sold, conveyed and QUIT CLAIMED, and by these presents does remise,release,sell,convey and QUIT CLAIM unto the said party of the second part. his heirs. successors and assigns,forever,all the right.title,interest,claim and demand which the said part lest the first part haVO in and to the following described lot or parcel of land situate,lying and being in the County of Weld and State of Colorado,to wit: Easement for garage purposes over the Easterly 2. 3 feet of Lot 7, Block 66 , Aristocrat Ranchettes, Second Filing, County of Weld, State of Colorado: Said easement is to run with the land � as long as garage, as presently (1 constructed, remains. I Consideration less than $500.00 / sty �j r ? also known as street and number i(i(rn 13a RU') AvCi `C.t �'L• � Cr TO HAVE AND TO HOLD the same,together with all and.singular the appurtenances and privileges thereunto belonging or in anywise I hereunto appertaining,and all the estate,right,title.interest and claim whatsoever,of the said part lee the first part,either in law or equity,to the only proper use,benefit and School-of the said party of the second part,his heirs and assigns forever. IN WITNESS WHEREOF,The said part leO the first part ha ve hereunto set hand and seal the day and year first above written. S , 4L _ _ )SEALI Signed.Sealed and Delivered in the Presence et t 1 t cti)�-__ISEALI v/n nn 631,4- 1 'SEAL) IS CA LI STATE OF COLORADO, . I ss. County of t j Lj) rr��..��yy The foregoing instrument was acknowledged before me ,,L'/j this day of f.f)7Ct L- 1il`LbX7+TG)SaPi!' Sreenn A41037d*'4,ci may S7it«T' bt,. a•.`S1y.commissionb.xpires .V47 /�i .190 t Witness my hand and official seal. - c P. �7 ♦�s� A l \.UrV i1Dbf •e /fl RAT 1?L'O Ro. • a Caerve.11C(F ccry CO F'ccal— No.933. QUITCLAIM Drr:O.Bradford PubilAmp U16i Wen 44th Avenue,Golden.Colorado 80401—(303)Z78-0644-610 890517, • • 330.1.17 Ot1 4/ /n io4 64169 - • Cpnpta. RemRemI and 2 wSn.Oattknl epvloes em desired,.rro cones hone — Y Put address M the"RETURN TO"Stuss on ter memo side.F.1ws to do 1Ma will pNwm Gds berw returned to rt.TM nEnn noNut fee wM.ro W d.veu rM�.G 411MS� Ces FfoMr m.*a.Uw.Newwi.re�.�w.vwwa wan.+ass N � 0 I. Show to wlgn ESM.wb•ddata.and.Odresw.•.dd's. 2. 0 Restricted DellemY M1 7 > o __ I&nsa ) era dew s -L.: • ❑ o & ArticleAddreewd m:- 4. Mlda'1 a7 7 —• / / aRS u7 ti CO r 0 .. ov RENNOC CORP ❑� 0 d 0 0 ¢ r" 23203 EAST 152ND AVENUE Elmn.eMaft ❑ w o BRIGHTON, CO 80601 U F Ahwv.oetati+paew r.otadd 0 0 G7 _ _ ., . . .-.. Of aprd wd'DAT8 O0.IVk71lD. Z in N co 6. Signature yJlY' l 8 AdAs.aw.Addnr(CbVLYd 6 &War• —AGsnt X pia %I N 011989 �. Oat*of PS Vann 3811,Mar. 1988 • U.S.O.P.O.1e88-212-666 DOINESTIC RETUWI aCEWI m 1...., Spot b wAgm aspwreo area addr a.es s.ddiw.. 2. d I etrietod Dedvery thorn) doge) ti3...AAedres.tlm: 4. i/ t�Y• ill o 8eTeMo. n w VIRGINIA CATHERINE SMITH �____ [] .y I O 15253 BARLEY AVENUE KCans a D COD Wi z„„ - FORT LUPTON, CO 80621 0towsma a�,�jn c a W 7. . Assn Son Saws o1 aOlssrs .a U a - _... _.. - _.. _ _ _. of and OA tDP.N 5. a z m 5 - b. l,IpA�oee A9dron / co,,,,,,:, 8. Addressee Add(ONLY( 'C.-D.1;1 F - x `,jjd/%nil , C ICS/{ � ,• CL N C4 7.Dsto of Delleery 4- /- ty PS Poem 3811.Mr.1986 • U.B.OP.O. 1988-212-865 DOME3i1C RETURN RECEIPT max rw aopndn i PM tM t6>to Va0 WWwos5 WI wseab4.Consul postmaster p .ndn x»ti er addManl d eddrea re*tr o.e' _ -- ----- .J,,,_p._Sh6w t0.JOQ).otn dsi oW.�nd..earw.'e eddr«.. 2. Reetriated Delivery mars.'1„ maces Addpda.d to:. 0. Ankle m .. _ , 4757 85&3 s ', _... ,.- ANDREW DAVID COLE Type of S. E. `° a aQo 15203 BARLEY AVENUE E.C 0 htoorod o ; o FORT LUPTON, CO 80621 in ❑Lys tea O Mr. uao o r - news obtain aranaera of adarenaa -- - a sport anti DATE DBNVERED. D 6 6. Signature —Address _----I 6. Addition's Address Sail +. ... O W x reglad...O'er paid) CA- r n ^ 8. Signature —Agent F. -. Dees of Delivery DU /-S?r PE Pdnn 3817,mar. 1988 • U.S.O.P.O.1SS6-212-866 D0SIES7IC t1ETUfl4 war cad ghgrearnWta cr. _ ... (Tyws�d a d6�lby��ers�four a. --------- 1. P Show to whom ..adwa. 2. 0 arty Depwry Matlo chary)3. Artois Aadrssad to: 4. Ankle Nwatse L!,/ a N TS7L. 2 15 -, w of Sarloe: `a PUBLIC SERVICE CO i1 b ❑Mound a a o FORT LUPTON. CO 80621 Crafted 0DOD 3 i- Isly An.*bolo Swab"of addaeae► O LW O 6. `. r 6. (ONLY N cn a 7CC��-L6✓ TLC.C-I-,Cf sass. H - 6. Saneture.-Agent e6' go � x r � PP4 w -_' 7. OM of Deever/ r`` d y q`�/ yin - PS Poem 3811,Mu.1988 * U:S.QP.o.1098-212-805 • . RETURN RECEIPT • • 860517 Il b , o111 Vat 2when ed4 P.40€169tared. . .- ad 4.• Ca.4Mts items 1 ofd 2 +Mtwr addltbnM ewvlde.ere de.In6 end complete purr ' N,R01URTO"-RETURN isswupnintOM -._._...-_�' youlMtwtuaM.owwteatlsw.e a0didorrrlyr.aaets lNpsm.ownp.+rvww wsve.or.coirwt yssbw..trw ` 1. Show m whore M...an ad driits..a screw. 2. CI 7lwobred Dainty it `TarsdwV) ---'. 1k.s ding) M1 - i .. A. Anise Addressed tai.._ 4. Ankle Number a ke �5/ 7'7/ Ln ` •' VIRGIL AND GOLDIE LYONS �+ S y 15166 COLEMAN fatNp s o z FORT LUPTON, CO 80621 o .. QOr ' o :> c x Are aa SAW MPrer or Rie.nw f re a Jo �f y or MOM .•,._ ,.-.,_'. o pi 6. 81Preirw Gt _� - web •rte (Play a X . aF 6. $neon•-Agent s • C h. uio _. X C U„ .. -, 7. Date of - 0 W}1si ;ynla�� • Ps Pam 3811,M0. 1968 • aaaP.O. 1608-212-666 oGM00nc RrnsiN NECUPr —lill3 end 4. - --___- Put address in the"RETURN TO" sw on the reserve side.Failure to dot is will prevent MS from beirmretunietito�gAo}d�y�r you TorppQ ermQ dwdc 1:2F FOr. 'iFTo s Tw Men TeN - _}far ddltl.s.t+erlo.W nOmMtsd• an asY.ew....w.uR m�w.t • rw ru 1. u --chow m*tarn oern+gi0. eddrNNe's maks. 2. 0 Restricted D.Evay M1 .-i Oradd�i N _ -., S. Artois Adhnnd m: , 4. Arta Nalber —1 S - o — 4454- 712 i uo r,,, GEROLD D HANSON Y7��qq..of franfser o o o DELORTS SWARTOUT iie ❑veered rotas 0 COO o z a 15165 GOOD Imam Mar 0tritratisfse g l o o FORT LUPTON, CO 80621 AMe►.abtrb• aaaam.ee.. m O F o a. 04 fi w n o -y -6. —Alts OWil 7),;(, :i., C70 .. 4. • X "7. Derr of Delivery / Y7 P6 Pea 3811.Mu.1988 .-U tOP.O. 1Y00-212-/66 cows=RETURN car t~ °4 ge . 'oTi:o5 6o;�i.. )far eddaorw.aste.cdapwiad. r>e,_" 1. Stow m Soo m and .'flee .address. 2. 0 R Delivery Ream charge) aeon des) N = to ., i,3. AMONAddr.us.dto 4..Artlohl'lontber ' . t` . N 9'SV ' 773 -- - o JAMES L. AND BETTY J. STEWART T her s » - N 00 7166 HAROLD Oland COO o FORT LUPTON, CO 80621 t lbws Me 0 rotretrorn .r - O 7 AMOY.obtain satin of addressee r9 C O,1 O _.f M__ or sort end WT[•.:-_..-":• 4.C.. ^- , � Q. a d o X �L��.+""). g ,u-/l¢, % a nrPr.l t vT'm• M� d . - t4 .D F 6. SIpnnn-Agent 1 C a o - i X 7. Data aR DliYvtSrY vvpO , PS Pan 88 frilt but nu • U.s.QP.O. 1666-21S-666 DOsTK RETURN mar 1. Show tvdon �gds0e, nd aWoess. 2. 0 Restricted MerM) Sere Sin , 3. AMS Addressed to 4. ArIbM - a a Tj�.ol8etvl tJr�" �� N - CA w DANIEL MARTINEZ Q •;' 15126 COLO. HIGHWAY 52a 0a'r"w C 0 FORT LUPTON, CO 80621 I�pgCrdMdmrnas ❑COD N - LJ O PAN ❑ren= a ; z O Mesa vets.alomemt faddans a “ ____�_.__, -- sena te DATEDkt tr* H _ z 6. Address 8. reAdad� a MAYS' F n - a 6. Signature - .a X .w.N F' 7. Date of p 6u, o _ _ _ f � ' 4 PS Fern 3811,Mar. 1918 • U.C.O.P.0.-10s6-212-666 DOMESTIC Rs11RIN Rear 890517 -71.612/110)-1 G/4/lRL Pl_4l/ q; r... aRr,COr.Itwrs 1 .n0 2 wewn addldo t er e.Arid, d tones.flw. ..�lltrtKaunas Nellelan 1RN Tr Some On 1M rwaw.l0../Mlure to do tree will prevent '--aadhwnrworetus a0oyau. _- `-Y r..gil.`"Lia.°/ �5oh,�delev�} rfwerldpbM,.en4000rv'wvne,pYlineth var..;... +�... dk rwaddreease a address: 2. O Rsenlpgd Delivery N 3. Article mac° . Addressed td: 4. Article N w .., `. of .sY �1A7 " • N J Les £ o OPAL AND PAULTNE MILLER hides .. r. z �° 15163 BARLEY AVENUE p co t�� ^,r z > o FORT LUPTON, CO 80621 u.n O 1f rr m a 4 U .7 7• , . ., N addresses y+ 0 0. Address ' a z m 5 .n•2'.t+.v 7,91A7� N.$ t��rt,se.�'.Y!a.'iv>, °F1 0- X ••r set .a '4o F, X .- PS Penn/ enn/3811,Met. 1988 • U.S.G.P.o: 1988-212-066 rain strum Inn N I ,� a O _._ I a Y ,.n os w s a . w o � 1 / a ) a L woo a w �_ S961 eunf.'00RE W404 s, --'---- .'/ar/aq 19404k complete lmrw / and 2 when-4r.. a sawse an di.n4.and Complete sea m • Put.y urriddrees in the'RETURN TO"Spew on the rovers side.Papere to do S will prevent S t•OtUTIlwri La4grwd�nleed�t�obru. r — — Va d rb tors, Po/addMop lanfioafq repartee. .r. 1. , 6 to whom d. des,___end addressee's Street 2. a.Re� 0 c-) 3. �r ,Addresed to: , dw211 4. grtk'M/Nterba'. h/- yf . 9 00 JAMES R JR 6 SANDRA C BARCLAY Raa,ata,•d O.r.aau W ti o 15076 COLEMAN Gels C3 Gpoor- ,, w .? (.) FORT LUPTON, CO 80621 �rseMae Oro 0 A Alware.bfrSpan of adenine c O z —__. w pert and PATE osflaw.1 - n W O _0- Ex 0 ' - 0. Address•/J /J /J 8. Addwsws'a Address(ONLY�/ n o a X no?el-let- ( Sa./.l g'27 +r4.+adw16e0da0 6 §Wnwa.—Ap.nt boa O X - w --J-=— 1. On or oepvery PS Fern 3811,Mare 1988 • USS.G.P.O.1980-212-068 OOEe4s110 RETURN WEPT 1por ttraIaInsic bmdei tot addM ali.ayk.u)wnira lad. ------. 1.. U Show to whom dtaalrW addna.e.'.addr«e. 2. gReDeliraty Oa 3. Artaol.Addressed tan. 4 Article o 4/5770 M1 ?Zama, r‘ z F. --- SECRETARY OF HOUSING ❑ a ata, Olaw s s - w w URBAN DEVELOPMENT gGartirbd Om -r; s o oa, r-- 1405 CURTIS ' e Oise , w DENVER, CO 80207 an,obtain Sae W+dense+ p _ o ❑ or spent end DAT5o�ryaa. .a fegoinvd al*Pre a o H O 6. Signadu..�Address8. A •A own -. a C Z CC X aa `'' CC V 0O Z X w •z Dau oellyerY JUN 02 1989 Ps Venn 3811,Mar.ISIS • u 8 1AO.1988-x12-666 mown arum moan %fiYsoss O Y 3 F n'.._,,,, N) R . S 0 O 0". ,. • _.„,,,f,".4..;•„ 00 In yy Cn O'` 74a X00 Ti I-I a. d'� . S N/74e • p O oa +r�n. r co G � . 2 . o b 9 O 6+ o r N � t-• 6' 11 itra An ! n M r 44, t , ,d 1 �r N F i ]- ' l 0 � 'II 1;1 _ • • • $90517 • 4./eei/X9 e .°1/4;9 P• liar ut mid' Conn m ri items 1 d 2 wen seldom'.ssi4 ta-a-w. and pOnyNb outer ow07 Thebadremoldss In eh*toe7 N�RJ/_70- iE �revers'Ode.Pats to do ndwill grant this voll .r.Y.01..i'.wwit n m q = 1. Show to wlgm �.thaw addressors address. 2 �1yo ftwaloted o�9w,y e ca M1 z 3. ArticleAadt.»w m W z ` 5 r,1103 -. . , , . ' > N V C m N J MCCONAHY 7yp. S u .- 0 9500 WEST 26TH AVENUE �O Raetttree O COO s r N ❑u LAKEWOOD, CO 80215 ppwMS Q o . O W o ,q daft ft slant a M.a6sse or Cr and inrgatitit 0 z `X " / f niWM14Ad • 8. Addhasses Address ONLY za 6S Awn 1;,t ( , 6'r.. .-;.--..: X _- 7. Oats of J • w • PS Senn 3811,Mar. 1988 • U.S.I.P.O. web-212-815 • • ` • • ._-— — said 4.. Put your addressln the"— RETURN*T[0"Spede on the reverse aids.FNhne to dop ofthis WI pint d li. s 1. ❑ SMw to whom. du data address. 2. 0 Rea . -n N 3. Article Addressed to: 4. Ardis Nu -./,, ,•,•.• �r •ten.. (Y� 1.11W O .7 c CO ❑Mond o ¢ V MYRLTE CUBBISON ileallibind _ 0 15213 BARLEY AVENUE &press MO O�' rl w z FORT LUPTON, CO 80621 Always astt Swum,&addmss a 0 a ow aapantaM�,QtEDWVEREdm, P. w ago a 6. signior. A s (�/�bfu ae 9 Addlwu�s Address(tAvt r e ra9nragadl pdd) a u a 6 5lplls Agent ' ow X 7. oats of Ceram 6.- /-D/ PS Fenn 3811,Mss. 1988 * V.8.0 P.0.*e8-212-bee o01Q710 RETURN Mba, 'franb.p0 nta+utltoyou:] .•.r,wn,. aid..Fames to do this wit Dwain this aN Fowrm.rdaawhp SMw� s tar addNiwW sooroow wwrsetd. so en : delivered, dune) y/OOnsa. 2. 0 Raafd ew n - 3. Artois Addressed t0. (BJree amrs • uSt co AGNES LEONA GLIDDEN Adeof : q LC s o 0 15 704 GOOD AVENUE U R'arewed 0 maw- ' • so > v FORT LUPTON, CO 80621 8E�t>w tae BCOo caz O z a o __ W O F ' JsA'l� zN44 P8 Farm 3811,Ms. 1988 * U.S.O.P.O. web-212-e65 oOME86'IIC RETURN RECt7PP z t. show m whom r0 --- --- do. - qtr. z 3. Article Addressed to 4. Adds Number x Ey a r of t. HENRY L. & SHIRLEY L. JOHNSON Myttw.d D waylaid' s >. 18 SOUTH MADISON Rants Q COO • ' - s •-.4z o DENVER, CO 80209 4�'a' n�... ,., -. .a. ti o AIws,n ssiSSsWo of assess s c x 1 CO et mat aldPA71014V8Ne. O '77 -- r7 ` 6. Signature -Addns -... & Addrassa's M r.s ONLY(/ w 5 O X meet and ft paid) - a • J [ti 2 y z x Cate l�IQ�17 ❑- PS Fain 3811,Marina •815.13P.0. *80-211-866 DOMESTIC RETW1 Mtn RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A HELIPORT IN THE A (AGRICULTURAL) ZONE DISTRICT - BRETT WAYNE ?RANCH 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 held a public hearing on the 21st day of June, 1989 , at the hour of 10:00 a.m. in the Chambers of. the Board for the purpose of hearing the application of Brett Wayne Branch, 27926 Weld County Road 50 , Kersey, Colorado 80644, for a Site Specific Development Plan and Special Review Permit for a heliport in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the Eb NEk , Section 3 , Township 4 North, Range 64 West of the 6th P.M. , Weld County, Colorado WHEREAS , said applicant was present, and WHEREAS, Section 24. 4 .2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed , finds that this request shall be approved for the following reasons : 1 . The submitted materials are in compliance with the application requirements of Section 24 .7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4 . 2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan' s Urban Growth Boundary Goals and Policies. A representative of the Town of Kersey, in a referral response dated April 20, indicated no objection to the proposed use. 890518 Page 2 RE: USR - BRANCH b. The proposed use is consistent with the intent of the Agricultural Zone District and is a use similar to those listed as Uses by Special Review. c. The proposed use is compatible with the existing surrounding land uses which include agricultural production, oil and gas production, pasture and rural residences. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural Zone District. Special Review Permit Development Standards will ensure continued compatibility with the surrounding land uses. No objections have been received from surrounding property owners. d. No overlay districts affect the site. e. Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THPREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for a heliport in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted suh;ect to the following conditions: 1 . The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to he recorded in the office of the Weld County Clerk and Recorder. 890518 Pace 3 RE: USR - BRANCH The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of June , A.D. , 1989. ‘774(214;-le."4444;1BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder 7 and Clerk to the Board C.W, Kirby, Ch*man • T3Y: a u `� .ne .o nson, Pro-Tem Deputy County . erk APP OVED AS TO FORM: r Gene R. Bran- George n IY - - .C.., C7 ? - J c .ounty Attorney ' Go . 89051R DEVELOPMENT STANDARDS RRETT WAYNE BRANCH USP-879 1 . The Site Specific Development Plan and Special Review Permit is for a heliport in the Agricultural Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. The maximum number of helicopters on the site shall be two. The applicant shall be limited to no more than 15 round trips in a 24-hour period. 7. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 , C.R.S. , as amended. 3 . The applicant shall comply with all requirements of the Federal Aviation Administration. 4 . Waste oil , waste paints, anti-freeze, and other associated liquid and solid wastes , shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. All chemicals used in crop dusting or spraying shall be stored and handled in accordance with all applicable county, state, and federal regulations pertaining to the usage of such chemicals. 5. No permanent disposal of wastes shall be permitted on this site. 6. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. Fugitive dust shall be confined on this site. 8. The maximum permissible noise level shall not exceed the industrial limit of 80 dR (A) , as measured according to 25-12-102 , Colorado Revised Statutes. 9. The Special Review Permit shall not be transferable to any successors in interest to the described property and shall terminate automatically upon conveyance or lease of the property to others. 10. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 890518 Page 2 DEVELOPMENT STANDARDS - BRANCH 11 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 12. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24. 6 of the Weld County Zoning Ordinance . 13. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 14 . The Special Review area shall he limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall he filed in the office of the Department of Planning Services. 15 . The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Roard of County Commissioners. 890518 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on June 21, 1989, conditionally approved a Site Specific Development Plan and a Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Brett Wayne Branch 27926 Weld County Road 50 Mersey, Colorado 80644 LEGAL DESCRIPTION: Part of the E} NEX of Section 3, Township 4 North, Range 64 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Heliport in the A (Agricultural) Zone District SIZE OF PARCEL: 8 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK. AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: June 29, 1989, in The New News 890518 ■ STA OF COLORADO ) COUNTY OF WELD ) David 3. Reynolds, bring duly sworn, says that he .l'4 pubtisher^ of thy:: New New , a weekly newspaper published .z.n .Koenes u_Irg in • aid County and State; that a.r.e. newspaper has a general circulation in i :Tel.l rr County ad ha been c::ontinour4j.y and uninterruptedly published therein , Li u r i it q a period of at least i,f ty.-t:wo consecutive weak prior to ; :i r-s::.t. publication of the annexed no,Li.cel t:lid1. eLaid newspaper i ___. rto�n��•}? 1pc:)r within the meaning o1 the J ; IFNCIC act r t_ ' f ',e General Assembly of the as.'.J�. _ i =�tCt.o of Colorado. untitled "An Act a the o r.,.r,jul:x1_u the printing of legaltootttda rtbt.l. ec, and advertitr'rnants, " and lTealM !t mann amendments thereto; that the notice , amme.a.far a or al}r..t.ch tho annexed AS a pri-rttud it 'VI :upy taken from rrrai.cJ new:;paper, was if Titit + S. hed in aid newspaper. and in Ta %,421.241 rMW� the re <ar and era t.ire issue of px' VT3 • 't� over,/ numb ;' 'I.:hG'`r'c,f . once a week or : y�m for I. tvee that said notice was .so AIVEV" : s am... r %_r ,- .7 moeb Arlan rat., bl t•te:?d :i n ,aid n•:.w pap proper yam ehe, gglis and not in any •:;upplemen t thereof . h or i4ma, :And ':hat the f.i_rt publication of DroPwd said notice as a•rorosaid , was on the Inn !nth day of June. 1.989, � , and the last on the ?}ter 1..t. day of Ot nr . 1989. SublE.ribed and sworn to before me this f day of Juno, 1989. Nr _ary Public i:ei iy commission uxpiro�� i2-9i_> 890518 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: JUNE 21, 1989 DOCKET # 89-25 USR-HONE BUSINESS (BEAUTY SALON) IN A-ZONE DISTRICT - MYRTLE CUBBISON DOCKET # 89-24 USR-HELIPORT IN A-ZONE DISTRICT - BRETT WAYNE BRANCH DOCKET # 89-27 SHOW CAUSE-USR 481 - MIKE CERVI NAME / ADDRESS HEARI.:G ATTENDING �av - c{ 6 ;Fe s .Q96ao R /f 6-0 Igennj h' -,: 91-larnn !miser .Q312 1/2 WC!357 ,3rIncc c-hf;frift k/l r rr, /,,,‘ tic r. y 1' ak-4 tr 4_H#1 � 17 y_A ( 6 iscv4i f/zO 5 Rfi,2l yfIVC., C3 r,u ry .fie %/✓ . re{+ Zezki\ck 279LC, t. )CR SC) Re&A4.h Osivorf 890518 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 89-24 Brett Wayne Branch 27926 Weld County Road 50 Kersey, Colorado 80644 DATE: June 21, 1989 TIME: 10:00 A.M. REQUEST: Site Specific Development Plan and Special Review Permit — Heliport in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the E NEl of Section 3, Township 4 North, Range 64 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles southeast of the Town of Kersey; south of Weld County Road 50, west of Weld County Road 59 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: May 22, 1989 PUBLISHED: June 8, 1989, in The New News 890518 . Exh ,bif� A • Paoli, Ins*LIS =twit and :teen wiwcWeld nearing ',.be tzewtiili, enter, ! of W IOtn S eet, Pint. uF , Cn}�}�ry Upfl at the madded n wawa a Site meaner iatenawai is tam Site Special Keov rP)ht and .:. Special soviet. toeittend and Maybe A ,. .. .. ,. .._.Shea 0 !tat!..ot any map e a a ttance4(ytlder (Utta' n"tie lRaae!' al �ywehsak .(]uklo 1 OBka b•contacted4 far d. awl reVo lexacema the area. I a-t:laetrttorot a 8eue. �M saLe°d in*Ma; d web melon at Mak(we vgldays aW.aBio6 a•E dr IMOD& Iar Nall Dof _ (t�gqD��a�awppeddby tb/egg{,py{y._ . Wdd Gump Mayers,texacteisthaw of DVS Weld coar so • ; A18�:J�a�pp 7eW"eat tills ekomaet Pleln Review m 'MI 4' Satliik igSa P W ty I [ONE .j le ., t aalw pay J . r 1P�+- pµea�d7M�.aaatpf ,�.....43r.c.rue: BB :: y p ppAt77 89OSis I Affidavit of publication NOTICE STATE OF COLORADO ) Pursuant to the zoning )s laws of the State of Colo- COUNTY OF WELD ) rodo and the Weld County Zoning Ordinance,a pub- lic hearing will be held in Pl�l( /f. l�oc the Chambers of the mil./ , being Boareof CountyCommis- stoners of Weld County, Colorado, Weld;County duly sworn, says that he/she la Centennial Center, 91S publisher of the Platte Valley 10th Street, First 'Floor, VOICE, a weekly newspaper Greeley, Colorado,at the published and printed In Kerseytime specified. All per- in said County and State: that sans in any manner inter- said newspaper has a general ested in the Site Specific circulation In said County and Deve/opment Plan ant' has been continuously and unin- „Special Review---Permit. terrvptedly published therein, are requested+:.to"attend during a period of at least and maybe heard. fifty-two consecutive weeks prior to the first publication of Should..the applicant or the annexed notice; that said any interest potty de- newspaper is a newspaper with• sire the presence 01 a In the meaning of the act of the court reporter to make a General Assembly of the State, record of the proceed- of Colorado, entitled "An Act to Inge, in addition to the regulate the printing of legal taped record which will notices and advertisements," be kepiduring the hear- and amendments thereto; that Ins, the Clerk to ,the the notice of which the annexed 800rds Office con be conS is a printed copy taken from totted for o- list of certi- said newspaper, was published lied court reporters in the in said newspaper. And In the area.if acourt reporter is regular and entire Issue of obtained,the Clerk Lathe every number thereof, once n Board's- Office shall be advised in writing of such —QAC action at least five days week tor — successive prior to_the hearing, The weeks; that said notice was so CosfO en990ogqiny a,Court published In said newspaper reporter„s7Njl bo borne proper and not In any supple• by the requesting party. ment thereof, and that the first publication of said notice as BE IT ALSO KNOWN that the text-andmaps so cer- aforesaid, was on the —� __ tilled by-the Weld County _ Planning Commission mo day of _a toe. ;eft. .be.e>6gryrlaed.Jn.lhe- `oNrce of'the Clerk to the Board)?of County Commis and the last on the --- day of stoners; located in the. Weld County Centennial f9 Center, 975 10th Street, Qfr �J� Third Floor, Greeley, Co- --11c _7h_t- DOCKET°NO. 89-24 8Y MARY ANN FEUER- STEIN APPLICANT COUNTY CLERK AND RE CORDER AND CLERK TO Brett Wayne Branch Subscribed and sworn to before 27926 Weld County Rood TNEBOARD me this - Deputy - n day of L_ Kersey, Colorado 80644 BY:: 44 Mary Reiff,1989 DATED: May 22t )989 ill DATE: June 21, 1989 G/ PUBLISHED June 7. )989, 19-1. TIME: 10:00 A.M. in The New NewsPublished in the Platte My Coma:ss or. Expir=`; ^C. 1991 REQUEST: Sits Siwalik Valley VOICE,Kersey,Co- Devslopmsnt Plan and lorodo, Thursday,June 8, Special Review Permit- 1989 Heliport In the A [Agri. ( lid..y,,LJA.-- ( _ ;:_-1 v-j,_:c--J culfurofl Zane District . i� LEGAL DESCRIPTION:Part of the,E'h NE'W of Sec- tlon 3,..1 Township . 4 North; 2!(Ong d4 West „q, wtit-P.M,-, Weld" County; Colorado LOCATION? • Approxl- mately 3'miles south-- east,of, the, Town of.. Kersey; south of. Weld.. County Rood 50, west of Weld County. Rood 59 , BOARD OF COUNTY" COMMISSIONERS 890 -' • WELOCOUNTY, O COLORADO • • DATE: May 22 , 1989 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 21st day of June, 1989, at 10: 00 A.M. Docket No. 89-24 - Site Specific Development Plan and Special Review Permit for a heliport in the A (Agricultural) Zone District - Brett Wayne Branch OFFICE OF THE .ER C THE BOARD BY: i�i?i / ?vJ Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO i • /f..5,---- . v 893518 Summary of the Weld County Planning Commission Meeting May 16, 1989 Page 3 CASE NUMBER: USR-879 APPLICANT: Brett Wayne Branch REQUEST: A Site Specific Development Plan and a Special Review permit for a heliport in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the E} NE! of Section 3, T4N, R64W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles southeast of Kersey; south of Weld County Road 50, west of Weld County Road 57 APPEARANCE: Brett Wayne Branch, property owner and applicant, reported this request is for a heliport for private use and their own pleasure. At the present time, he does not hold a commercial license. However, when he does obtain a commercial license there is a possibility that he may also do some commercial crop dusting and spraying. The Chairman called for discussion from the members of the audience. Jim Kato, surrounding property owner, is not against this request being granted. He is concerned that if commercial crop dusting and spraying is done, all chemicals will be stored and handled according to the Environmental Protection Agency's standards. • The Chairman asked Mr. Branch if he had reviewed the recommendation, conditions, and development standards presented by the Department of Planning Services' staff. He stated he has and does not object to these. The Chairman asked Rod Allison to read the recommendation, conditions and Development Standards as developed by the staff into the record. AMENDMENT: Lynn Brown moved Development Standard #4 be amended to read as follows: 4. Waste oil. waste paints, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. All chemicals used in crop dusting or spraying shall be stored and handled in accordance with all applicable county, state, and federal regulations pertaining to the usage of such chemicals. Motion seconded by LeAnn Reid. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. 890518 ' n' • Summary of the Weld County Planning Commission Meeting May 16, 1989 Page 4 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. LeAnn Reid - yes; Lynn Brown - yes; Rick Iverson - yes; Jerry Kiefer - yes; Bud Halldorson - yes. Motion carried unanimously. MOTION: Lynn Brown moved Case Number L'SR-879 for Brett Wayne Branch for a Site Specific Development Plan and a Special Review permit for a heliport 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 Planning Commission. Motion seconded by Jerry Kiefer. 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. LeAnn Reid - yes; Lynn Brown - yes; Rick Iverson — yes; Jerry Kiefer — yes; Bud Halldorson — yes. Motion carried unanimously. The meeting was adjourned at 2:00 p.m. Respectfully submitted, o \a s Reel) Bobbie Good Secretary 890515 '.t...! �.. .. • Dig-247 1! MAY 1 71989, • ;37.CO ji BEFORE THE WELD COUNTY, COLORADO, PLANNING COICIISSIONONEcw. coca, RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Lynn Brown that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUA'.BER: USR-879 NAME: Brett Wayne Branch ADDRESS: 27926 Weld County Road 50, Kersey, CO 80644 REQUEST: A Site Specific Development Plan and a Special Review permit for a Heliport in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the E§ NE} of Section 3, T4N, R64W of the 6ch P.M. , Weld County, Colorado LOCATION: Approximately 3 miles southeast of the Town of Kersey; south of Weld County Road 50, west of Weld County Road 59 be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Goals and Policies. A representative of the Town of Kersey, in a referral response dated April 20, indicated no objection to the proposed use. - The proposed use is consistent with the intent of the Agricultural zone district and is a use similar to those listed as uses by special review. - The proposed use is compatible with the existing surrounding land uses which include agricultural production, oil and gas production, pasture and rural residences. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural zone district. Special review permit development standards will ensure continued compatibility with the surrounding land uses. No objections have been received from surrounding property owners. • • No overlay districts affect the site. 890518 • • USR-879 Brett Wayne Branch Page 2 Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and the responses of the referral entities which have reviewed this request. The Planning Commission' s recommendation for approval is conditional upon the following: 1 . The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. Motion seconded by Jerry Kiefer. VOTE: For Passage Against Passage LeAnn Reid Lynn Brown Rick Iverson Jerry Kiefer Bud Hallderson The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case 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 May 16, 1989, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 17th day of May, 1989. aoi,.t_: , Sib Bobbie Good \ $90518 Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Brett Wayne Branch IJSR-879 1. The Site Specific Development Plan and Special Review permit is for a heliport in the Agricultural zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. The maximum number of helicopters on rho site shall be two. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. The applicant shall comply with all requirements of the Federal Aviation Administration. 4. Waste oil, waste paints, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. All chemicals used in crop dusting or spraying shall be stored and handled in accordance with all applicable county, state, and federal regulations pertaining to the usage of such chemicals. 5. No permanent disposal of wastes shall be permitted on this site. 6. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. Fugitive dust shall be confined on this site. 8. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 9. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 10. The property owner or operator shall be responsible for complying with she Design Standards of Section 24.5 of the Weld County Zoning Ordinance. U . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 890518 Development Standards USR-879 Brett Wayne Branch 12. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 3. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 14. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 890518 • a INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number USR-879 Submitted or Prepared Prior to Hearing at Hearing 1. Application 12 Pages X 2. One application plat(s) one page(s) X 3. DPS Referral Summary Sheet X 4. DPS Recommendation y. 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. Three DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. March 20, 1989, referral from FAA X 12. April 14, 1989, referral from Weld County X Health Department 13. May 3, 1989, referral from Greeley Soil X Conservation Service 14. April 17, 1989, referral from Ann Garrison, Planning Commission member 15. April 11, 1989, referral from Weld County X Sheriff's Department 16. April 20, 1989, referral from Town of Kersey X 17. April 16, 1989, referral from Platte Valley X Fire Protection District I hereby certify that the seventeen items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on ,P2a.y f7. rj Cu 4- �r 6Ir Curr Planner STATE OF COLORADO ) COUNTY OF WELD !4` SUBSCRIBEDt%AND SWORN TO BEFORE ME THIS 11 day of rt cs \ 19 ' 'k . J LIG:'q Ciibek x,01, \\ NOTARY\PUBLIC My Commission Expires n,y Coawra 40n Exp9rm Fob. 13, 1993 890518 :x h i bA A • EXHIBIT INVENTORY CONTROL SHEET Case [t '?- ,l hvi.1)rfifiU Exhibit Submitted By P Exhibit Description A. B. gile PLIA (/Zn/1vn6frr-1 6 n ia4�U efimmyraideAf-A) C. '1'/1iA.n ;r ,gentilu/1440h) A/On�4.O.? ! Plt/Izir�rq D. (Llink AS,,. izte 42pwAC E. ( to S.en,4 .iLn12,t< 067 4oA F. G. H. I. J.. K. L. M. N. 0. 890sis • Date: May 16, 1989 CASE NUMBER: L'SR-879 NAME: Brett Wayne Branch ADDRESS: 27926 Weld County Road 50, Kersey, CO 80644 REQUEST: A Site Specific Development Plan and a Special Review permit for a Heliport in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the E} NE: of Section 3, T4N, R64W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles southeast of the Town of Kersey; south of Weld County Road 50, west of Weld County Road 59 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECC:C ENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1 . The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Coals and Policies. A representative of the Town of Kersey, in a referral response dated April 20, indicated no objection to the proposed use. - The proposed use is consistent with the intent of the Agricultural zone district and is a use similar to those listed as uses by special review. - The proposed use is compatible with the existing surrounding land uses which include agricultural production, oil and gas production. pasture and rural residences. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural zone district. Special review permit development standards will ensure continued compatibility with the surrounding land uses. No objections have been received from surrounding property owners. - No overlay districts affect the site. - Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. 890518 w • • CSR-879 Brett Wayne Branch Page 2 This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and the responses of the referral entities which have reviewed this request. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clem: and Recorder. 890518 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Brett Wayne Branch DSR-879 1. The Site Specific Development Plan and Special Review permit is for a heliport in the Agricultural zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. The maximum number of helicopters on the site shall be two. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. The applicant shall comply with all requirements of the Federal Aviation Administration. 4. Waste oil, waste paints, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. No permanent disposal of wastes shall be permitted on this site. 6. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. Fugitive dust shall be confined on this site. 8. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 9. All construction en the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 10. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 11. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 12. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 890518 Development Standards USR-879 Brett Wayne Branch 13. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 14. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 890518 • Addition ttQ purpose QL use narrative. I would like to explain in more detail the use of the proposed heliport. First, the ten pilots including myself, is estimated by counting family members and future children that might obtain their pilot's license sometime in the future. second, I want to explain the commercial side of the heliport operation. Sometime in the future I will receive a commercial ticket which will allow me to fly for hire. At this point the heliport would be used for private (personal and family use) as well as commercial use such as a person or persons, depending on size of helicopter, would come to my house and we would simply depart and arrive from my heliport, instead of the airport. 893518 r • LAND-USE APPLICATION SUMMARY SREET Date: May 9, 1989 CASE NUMBER: USR-879 NAME: Brett Wayne Branch ADDRESS: 27926 Weld County Road 50, Kersey, CO 80644 REQUEST: A Site Specific Development Plan and a Special Review permit for a heliport in the A (Agricultural) zone district LEGAL DESCRIPTION: Lot A of RE-683, part of the E} NE} of Section 3, T4N, R64W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles southeast of Kersey, south of Weld County Road 50, west of Weld County Road 57 SIZE OF PARCEL: 8 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from the Weld County Health Department, Federal Aviation Administration, and Greeley Soil Conservation Service. Copies of these referral responses are included in this summary packet. No objections have been received from surrounding property owners. 890518 ▪ w � • P. 1 n r•.rvo • • :J� C,. r... •I,'\ 1%. L 1 • 4 _ - •vT .✓ •• w // 1 y • A• ur,.\ • I •\ MION ,. .,,,,1Ir[/ !L •Arlu. ' • • • n G0.; Y• •• tl II•/"/ .. '1 , ... .e, • 'CP. ..• _i w 1. K- ,. •!. � 3N\ I' . • _�. 1,• • I. M . y q .41 r '�— .... ,n. ,..ta CREEL Y~`. . o O.,r RC/4 4;T V � � / F�� I •tl �• n , • - -le rl •• • I° f , . I • w s . V )-`''`� •A• �• ••C: I• . _=v. <4.„,,,<4.„,,, 1, n • . I a r ° IO M .�Y• i n • •,. • 1.. iti -. I I . s „n v. — A .- - _ I IT I r .14 r/ .. AZ? is I : �• �• •�- lit.• . _• • O: , �b ‘4,A. •C• . • . _ / / .•..I. ••. +N If/ls.•• _ 9. •• ^r' _ .• ! 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FIELD CHECK FILING NUMBER: USR-379 DATE OF INSPECTION: April 11, 19C9 NAME: Brett Wayne Branch REQUEST: A Site Specific Development Plan and a Special Review permit for a heliport in the A (Agricultural) zone district LEGAL DESCRIPTION: Lot A of RE-683, part of the E} NE: of Section 3, T4N, R64W of the 6th P.M. , Weld County, Colorado LOCATION: The southwest corner of Weld County Roads 50 and 57 LAND USE: N Weld County Road 50. two residences within .5 miles. agricultural production E Weld County Read 57, one residence S One residence, agricultural production 1,7 Two residences within .5 miles, oil and gas production, pasture ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access to the property is from Weld County Road 50, a dirt road. The property is used for agricultural production and residence. The hangar and landing pad have been constructed on the property. B3CLa�iY e 1 S. C • CAAA4gs, Current Plan r 89031s REFERRAL LIST NAME: Drett Wayne Branch CASE NUMBER: USR-879 REFERRALS SENT: April 10, 1989 REFERRALS TO BE RECEIVED BY: April 24, 1989 COUNTY TOWNS and CITIES Attorney Ault Y, Health Department Brighton iExtension Service ^Dacoro Emergency Management Office Eaton X Sheriff's Office iErie Engineering Evans ~Housing Authority Firestone ~-Airport Authority Fort Lupton X Building Inspection ~Frederick rt- Garden City STATE 'Gilcrest Division of Water Resources ~Greeley ~Geological Survey YGrover ~Department of Health Hudson Highway Department Johnstown Historical Society Keenesburg Water Conservation Board X Kersey Oil and Gas Conservation Commission La Salle ----Lechbuie FIRE DISTRICTS ~Longmont Ault F-1 ----Mead Berthoud F-2 Milliken —'-Brighton F-3 New Rayner ~-Dacono F-19 Nunn Eaton F-4 Platteville ~Fort Lupton F-5 Severance ~—Galeton F-6 Windsor Hudson F-7 `Johnstown F-S COUNTIES La Salle F-9 Adams Longmont F-l0 _Boulder Milliken F-11 ____Larimer Nunn F-12 ~Pawnee Platteville F-13 FEDERAL GOVERNMENT AGENCIES / X Platte Valley F-I4 US Army Corp of Engineers Poudre Valley F-15 ----USDA-APHIS Veterinary Service Raymer v X Federal Aviation Administration Southeast Weld F-16 ,Federal Communication Commission ____Windsor/Severance F-17 ----Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER ~Fort Collins Central Colo. Water Conservancy Dist. ' X Greeley Panhandle Eastern Pipe Line Co. Longmont �Tri-Area Planning Commission _West Adams COMMISSION/BOARD MEMBER Ann Garrison 890518 • i �� k T6 .' ,y:,.;: t '.,•4:4.t4yypT:;a4,A. / R..r4..4.44w•'1i..%1.--.,-l��r.v ✓�. COMLVAPtMUS NIG SYMYUL (303) 3'0-5527 IMrtU4SitY. L.!in 2 0 19B, ..etc NI..$VM6DL Zir. Erect Wayne Branca 27926 ICE South 8ursey, Colorado 306412 UAIE Dear Mr. Branch: NIG.y.MOO‘ An airspace analysis (88-ANt7/D- 112-NRA) of the proposes private use Branch's helloed is i:eraay, Colorado isas been completed. Baseu on t14" study, the Federal Aviation Adniaiatration (FAA) has no objection to tUe proposal, it will not adversely affect the aafo and efficient user- airspace by aircraft. ST . .YMdI eL This detonnnat on does not moan FAA approval or di::approval of t' phys..cal dove:oprout involved in the proposal. It is a cutormiaation witf""AL4,u, respect to tae safe and officient use of airapaoo by aircraft and w,: . rosy0In to the safety of persons u.Ad property on the ground. °A'L In Lazing thus determination, the FAA hue considered matters suots as t''' I,. "M• effect tae proposal would aAvu on the existing or planned traffic patto.•r of neighboring alrporta, the effects it would have on the exintxay a1rSpse atructtu•e and projected programs of the FAA, the affects It would have s the :.afety of persona and property on the ground, a,rd tho °tracts ti 'Mk exiating or proposed rah-nadu objects (on file with the FAA) aad knout naturai objects within the affeoto4 area would have on the proposal. AIG.1YMEDL The FAA cannot prevent the construction of atrueturus near a heliport. "°"1"-”K' The heliport environs can only be proteotod through soon Loan:° as loo zoning ordinanoea or acquisition of property rights. OAT. No evaluation of the environmental aspects of tho proposal waa made '- -osoL reaching this determination. Therefore, this determination iu not to b construed as approval of the proposal from an environmental atandpoln Mil IAL6Ti.O under Public' Law 91.190 O1ationai Esvironroeutal Policy Aot of 1969). DATE linen the Y.oliport beoouea operational, please complete and return to eaotoaed WA Fora 5010-5, Airport :•;cater Record. If the heliport does no ,TD.s.M.,.. becoc:e operational by March 31 , 1990, this airspace determination wii expire unless you requuat a time extenaaon. C,7 d(11(75).} ` OAT. APR 1 5 1989 lid, ruts cu FAA Fon%13601416.61) OFFICIAL FILE COPY 99051$56 PO.e9e5—ST.39D • 2 If in the future you wish to open the heliport to public use, a new airspace determination hill bo require4. In addition, If the heliport changes names, °bonzes ownornhip, or the owner chana,es address, pleaco notify the FAA, UDC on the same Form 5010-5. If the FAA solicits iaAn'uatSon on the heliport witaout rosponse, the heliport may be considered inactive. Thuuk you for your cooperation in talc mettor. If you have any questions, pleuao contact me at tho above number. Sinoorely, • • ; ir•2; sgnad by 4CC: 3 Johnson Barbara Joa:Ssou Airport Piauaur Enclosure cc: AAS-300 w/7480-1 & sketch ANM-530 DEN-6114:BJohnson:mm:3/17/89:FTS:326-5527:Branch • • • 89°318 S 0 —ev,- •'c fu r -. a.--'s -1LICa. • Form Approved OMU Nn 2120-0036NO. OF LANDING AREA PROPO4 A LNT,INDIVIDUAL OR ORGANIZATION Y'.t,.� +4i ✓F Establishment or Activation O Airport ❑Untaught Base k .G y !_ r U do) ❑ Alteratgn Of fB( Heliport ..Street C:,ry.Score,Zit;Cutler ❑ Seaplane Base r' �,.! ❑ Deactivation or Abandonment )7 '''Z"• 9 l r' .S7 Mr."_ 4) £l ' O change of Status Q OtterrSpec/lyl 01 Landing Area J Mar CU OR TOWN 2, COUNTY � �+�- 3. S 9TE 4.DISTANCE ANO DIRECTION Y7-�� /dec.,z • (jiJ�j TO NEAREST CITY OR TOWNNAME OF LA DING AREA 6. LATI`UDE —7, LONGITUDE 57�rCs /_7' 90°t�Dri • 1oyt131riY0 e. �t�35` I /1'iii S. Purpose ype Uto Type Ownership It Change of Status or Alteration,Describe Change. 7 Pubt.c O Pubt,c Construction dates Private 2 Private To Begin egan Est.Completion 7 Personal OLI( C♦0.�pfete<o�� Net.AS Above • I,(YS, Way i /Y+p O. Landing Area Data Exlseng(Uany) Proposed Other Landing Areas Direction Distance 1. tom Iron, Rwy WI 1RYYy+21 Rwy.3 R ! R Rwy Landing LanLandingd Magnetic Bearing or Runway(S)Or ` Area Area o Sealane(s) I I I y n 0 2 Length of Runway(s)or Sealane(s)in Feet I ` N 01 !nZ t c Width of Runway(s)Or Sealane(s)in Feet 0 a a Type of Runway Surface I I 1 (Concrete,Asphalt Turf,Etc) 2. Dimensions of Landing and Takeofl Area in Feet /OO 1 /00 KDimensions ot Touchdown Area in Feet b9trUCdOn5 T Magnetic Direction of Ingress/Egress Q ` Direction Distance Routes r �) D r Iroom 0 J 'if;'7 m fr TYPe kiir v Landing Landing Type Ot Surface .r.. Area Area (Turf,rooftop, etc.) 7 ,� 3. Description of Lighting(u any/ �`%jL� � // ,./.� / Direction of Prevawng Wind All DFli JCr 7141,1�i LA S/iO� F. Operational ata 1. Estimated or Actual Number Based Aircraft Aeyrr, P,rent WOO 1( inyNp/Y I Wham,by lrlr 1 Mipbiek6Yn I Prowl erre Seageee by 'E'/ I fiord RNiPerr I +tlry.m,sit., MSV+msYn 1 I E. . MYIU•6qur UrprJSi/Ib f / ' Miw 7 5.IQITEYqun i dMAlelb r 1 GLOM I mow I I i use ConsinereNona Direction Distance 2. Average Number Monthly Landings from from mPresent ill as I Identification Lancing Landing +male Or aarr Menwnp5 Yet Prat ulrr. Area Area -E•I rVn4e I M'mt.ea,MIM Mptlrrae SYre. rY tienteriaW e r fl FJ �J T u'bootvp untapped I I .![ \ � Prop Gar I I a il C.+ 3. Are IFR Operations Anticipated NO ❑ Yes Within Years Type Navaro: H. Application for Airport Licensing ❑ Has Been Made O Not Regutre0 O County ❑ Will Be Made ❑ State O Municipal Authority rIFICATION: I hereby certify that all of the above stafbmenfs made by me are true and complete to the pest of my knowledge. 'Ie,(and address rl ddletent than above)of person filing this notice— Signature(in nip tve or print 4ct7'- U11:9/kit& '4we,3L to,,,,v- 4,424.c4 Date of Signature / Telep one No.(Precede with area ceder //-flI , 3v3--3S�-71._t mica turn SGPERSEDES PAEYIOGS EDITION 890518 II i ito `i .} 1 rno5iffir Dur9 13` q � T, ,old County Planning Data April 14, 1989 is �MS /� I I'( 1'y' L' u t:r'r Environmental Protection Services `t�l �p I /L1.l.�i,�- C,S>LL`14l�I30 From l "` subject: Case Number: USR-879 Name: Branch, Brett Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Waste oil, waste paints, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 4. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust muse be confined on this site. 6. Maximum permissible noise level shall not exceed the industrial limit of 80db(A) , as measured according to 25-12-102, Colorado Revised Statues. EPS/dgc 4 I pI,lr'~ APR 1 7 1989 it ,i LI` weld Co. %aiba'm ..-. 890518 UNITED STATES • Soil 411'"? W. 9th St. Rd. DEPARTMENT OF Conservation ';reeley, CO 00634 AGRICULTURE Service (303) 356-6506 May 2, 1937 Milton Baumgartner , F-'rna . Nost Greeley Soil Conservation District P.O. Box :h. Greeley. Cu :=:ni_, ,- Weld County Case Number : USr ':':?2 RC: Brett Wayne Branch - Site Specific Development Plan and a Special Review permit "or a heliport in the A (Agri • i. ltural ) zone district. Mr . :':auri artner : The above mentioned request is to build and operate cep a he I i pad at the respondents residence . The applicant will use the facilities for personal uze and possibly some commercial use after- he recta . .. J proper Ilcensin9 . The permit would only require construction of a 25 ' .. 25' pad and a 10 ' x 50 ' building to house the helicopter. The ri : ,n conditions are c_':'rnrnensurat-c with the planned activities. I can see no reason to fault the project and I rec..rnmend approval without conflict of district interests . re s i n e,-`y, Ronald D. Miller District Conservationist Greeley Field Office ` Niat,1gll ` ffrt7ir( AY 3 1989 Ili; 890518 a • DEPAF 'NT OF PLANNING SERVICES 4 Yi PHONE(303)356-4000 EXT,4400 915 10th STREET �i ^ r GREELEY,COLORADO 80631 ill t try IA r CASE NtiNBER USR-879 • COLORADO AFR X89 Pr; , ,•. April 10, 1989 4'c'' TO WHOM IT NAY CCNCERN: Enclosed is an application from Brett Wayne Branch for a Site Specific Development Plan and a Special Review permit for a heliport in the A (Agricultural) zone district. The parcel of land is described as Part of the E} NE} Section 3, T4N, R64W of the 6th P.M. , Weld County, Colorado, (Lot A of P.E-683) . The location of the parcel of land for which this application has been submitted is approximately 3 miles southeast of Kersey; south of Weld County Road 50 and west of Weld County Road 57. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by April 24, 1989, so that we may give full consideration to your recommendation.. Please call Lanell J. Curry, Current Planner, if you have any questions about the application. • Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the C following reasons. r- att 1 AI =^3. We do not have a Comprehensive Plan, but we feel this request �!ri '5G I (is/is not) compatible with the interests of our 1 } ra1 town for the following reasons: Imo : ,-z ! w "S4.3. We have reviewed the request and find no conflicts with cur ,'j interests. ( 4A. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: 890518 I r i g .,1� �� n _gymcti APR 1 8 1989 1 ly a l Pa Ai ca g _ 50 .. _ - _Lite/241 ,-C Weld Co. Dtawf I:rastos...- ?At actsza ,10 „dui /a/iv-pat .44, 71/2Arif/t. _ _____ Luc I2 -50 , c., O nora.ct Gvc ' - n a -Yhe Cr A/ U a/U. - -- adc ,li4,4 Outy a41.07 rink ueii a ay= ____ homgi kv o chid, / a�� . . - - _ . pantie , k pact • ', - it, Agstizei 2. ' 4& _._ ? ',would. _mot _ fr4 .t4Sv 40--c _.__ - __ __ ____. ‘f Az rru:rxrttat_- ,. _ Ciiiodo _ bitie - _ 50 , 010/.41k Y2ui Qhord _I thctj fr A al ai,i, Iliac Ss EJzC �� .tru�-focal t `tAz, dzyn ? L�r 1 1 ✓m.g.. -_ rn.��_,�. _ Guc�z ..5 _.,cap _ -r w.eir4.-_- ��.�� Ct�xveCl __ __ --- ---Iti ; - - _ __-- _-- z-t Grind atfizzableaei . _ _ _ annts g savueart, - -- 890518 • 0 Affidavit of Pubtication STATE OF COLORADO - County of Weld 55. I A.Winkler Mies el of said County of Weld being duly sworn,nay that I am publisher of NOM(W PUBLIC NGRIN0 PLATTEVILLE HERALD _ We Weld County Planks that, the same Is a weekly newspaper of general etreulation was viii ho'dd a some hawing .a.e.y, mi printed and published in the n of May 141989•at 1:330P.owtr•cm, Pew of corantmr a Sao lose PLATTEV I L L F Dawioonwa Plasma a Sower Powwow In said county and state that the notice of advertisement.of which test perm* t mom,rt d.Mnen ala own the annexed is a tnie copy has been published in said weekly . nit..vii Mein of 'w right newspaper(or to Co*.do law. � pursuant IAA, consecutive weeks: A►►LICA ' eras Wass erne that the notice was published m the regular and enure lime of every L of Section O DESCRIPTION* RAM et m.Eva I of number said newspaper during the period and time of publication 6th P M Wild RA of the of said notice and in the newspaper proper and not in a supplement a RE48T). County.Cobrade,ltat A thaeot:that the first publication of said notice was contained in the e of said newspaper bearing the date of TYPE AND INT[Nsl1v OP PROPOSEDeJ USE:A*Soon N tM A IAYaattarNe `J A.D-19' and the last publication tenatria th f.m the issue of said newspaper,awing date. LOCATION: AoermMMta4. I maw watt* of Komar room of Wald the /III/,,�,...�/^�/7day of fy CO}RoT.d 50 and welt el was esan �/'^�.1.1Ae 291 that the said Sat a stn.,man or Ism(/I` PLATTEVILLF HERALD ne w e sok hwing Imo to Cower Com r°e.'dM In th. unn' has been published continuously and uninterruptedly during the Rwm,Pleat b Mm. C Cantor.913 Tenth or.Wald CowityCan period of at least flfry•two consecutive weeks next prior to the ant COWS Cem s a broctiont issue thereof containing said notice or advertisement above referred nod to Os stows news shoal te to: and that said newspaper was at the time of each of the aa0mm.d Mwrfagtetls WatCov,y publications of said notice duly qualified for that purpose within the Cesarwmwt a NnWy Senrtaa.919 meaning of an act entitled, 'An Act Concerning Legal Notices. Tana Street,Room W.Cr.r.,,Cot. Advertisements and Publications and the Fees of Printers and orals 806)1,Yfws its above on Publishers thereof,had to Repeal all Aets mid Paret eC,Aets tpr•� '16,198ae't�p'e'K Mam+nt an wy 9. Conflict with the Provisions of this AcC approved'Apnl 7. 191 1 all amendments,thereof, and paracula$tg pa amended by, act i Copba of Ohs asybgbn car available a ed.Matyi ]yy�7�O/M�/an t p�p7ow/-� 1 .197 for Pam W.w.et ,M 1h,C+prtmam PPtyr y/./ JL�/ L'�6 �t t Y: J of PlaCasey C ernIalSemit RoomAN. 15 wan '1\ .�.re/G/ sba.t (+a Cuaiee91e506T.TwaA Pubilshc Awn•758400,Cstarabn 8100 J r j 511_789V end sworn toQb ore 614a4,4 � �mee/ this_ day of Sod N.hdenon, Chairman Cril 19. Como Fining Camormaket MM1M PtamwlM lbrap April y ✓U�J J 14.t9n. ((�� Notary Public 415 'DENVEl AVENUE I • FT. LUPTON, CO 841621 My commission expires June 1992 r3T-^.11. 1E'-)' C\V7‘in fAPR 2 3 1989 I{ *la Cll. Pl;ia,i"p, ,,,,94Ubii:',«. 89uS18 it Air CEPAP 'T OF PLANNING SERVICES emil 11) Li , , L LNIDER HE irr- {. :,_ Q , .:;,? }'r - acs' CASE NUMBER USR-879 COLORADO April 10, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Brett Wayne Branch for a Site Specific Development Plan and a Special Review permit for a heliport in the A (Agricultural) zone district. The parcel of_. land is described as Part of the E} NE! Section 3, T4N, R64ti of the 6th P.N. , Weld County, Colorado, (Lot A of RE-683) . The location of the parcel of land for which this application has been submitted is approximately 3 miles southeast of Kersey: south cf '•'e1d County Road 50 and west of Weld County Road 57. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by April 24, 1989, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request.and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: -- 3. X We have reviewed the request and find no conflicts with cur interests. 4. A formal recommendation is under consideration and�' ' C submitted to you prior to: 1c, r .To, e � C, z, � I 5. 1, 1 ase refer to the enclosed letter. APR 121981 ..1, ;! Signeov'a/ 1jCq c Agency: '--�f1C,�J I r , _ fi� �' (i is# '11114 t0.Platt" .ilticw, ,.w Date: 890518 DEPART•NT OF PLANNING SERVICES �� -1 '� PHONE(303)055.4000 EXT.4400 / i \I1 915 10th STREET �p GREELEY.COLORADO 80691 fir joL: C 11:1O is CASE NUMBER USR-879 • COLORADO April 10, 1989 TO WHOM IT MAY CCNCERN; Enclosed is an application from Brett Wayne Branch for a Site Specific Development Plan and a Special Review permit for a heliport in the A (Agricultural) zone district. The parcel of land is described as Part of the Ei NE} Section 3, T4N, R64W of the 6th P.M. ; Weld County, Colorado, (Lot A of RE-683) . The location of the parcel of land for which this application has been submitted is approximately 3 miles southeast of Kersey; south of Weld County Road 50 and west of Weld County Road 57. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by April 24, 1989, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We hove reviewed this request and find that it does/does not) comply with our ComprehensivePlan for the following reasons. _ o a • r. .. e- -o ti We do not have a Comprehensive Plan, but we feel this request , (is/is not) compatible with the interests of our g m.) oI town for the following reasons: _ J �..I O3 a :1' l, r -' qb xx We have reviewed the request and find no conflicts with cur iJ interests. - _ ---- 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. '— d'Please refer t the enclosed letter. signed: ,ti))4, 4-,- ,/..-..: —' It ( zencY: Town of Kersey Date: April 20. 1989 690518 DEPART!" 'NT OF PLANNING SERVICES aT� (tiiv 111( • PHONE(303)358.4000 EXT.4400 F 91510th STREET Allazaj GREELEY,COLORA00 80831 ; .3 • t a d.✓ 'i" tk. ,'.,, CASE NUMBER IISR-879 • COLORADO April 10, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Brett Wayne Branch for a Site Specific Development Plan and a Special Review permit for a heliport in the A (Agricultural) zone district. The parcel of. land is described as Part of the E; NE} Section 3, T4N, R64W of the 6th P.M. , Weld County, Colorado, (Lot A of RE-683) . The location of the parcel of land for which this application has been submitted is approximately 3 miles southeast of Kersey; south of Weld County Road 50 and west of Weld County Road 57. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by April 24, 1989, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. • • 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. - n r L � -�Z12. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our Y21 town for the following reasons: w <L! 712 ‘S1.z,3._A We have reviewed the request and find no conflicts with cur interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signedi' •< eDjL-4 „.r/5-s l Agency: F4Tr e (f. 1/ e /) 7- 0 Date: '/ / 4/7 , J 890518 '�i'V`4.�.Y! .._!..+�—__4, ._-..:`�-n!M•Wwa,'x �ulk��.,y.K.. 46 SURROUNDING PROPERTY OWNERS USR-879 FAGS 1 David and Dorothy Bates 27620 Weld County Road 50 Kersey, CO 80644 Lloyd and Jean Branch 27808 Weld County Road 50 Kersey, CO 80644 Allen and Sharon Kaiser P.O. Box 112 Kersey, CO $0644 Lynn and Connie Koenig Route 1, Box 1176 Kersey, CO E0644 Brett Branch 27926 Weld County road 50 Kersey, CO 80644 Raymond and Virgina Davis 23785 Weld County Road 57 Kersey, CO 30644 Gladys Sitzman 1100 48th Avenue Greeley, CO 80634 Dan and Willadeen Oster 21271 Weld County Road 42 LaSalle, CO 80645 Paul and Jean Hoshiko, Jr. 28607 Weld County Road SO Kersey, CO 80644 Hoshiko Farms, Incorporated 28607 Weld County Road 50 Kersey, CC 80644 Timothy and Joanne Kramer 24350 Weld County Road 57 Kersey, CO 80644 890518 0 BRETT WAYNE BRANCH SURROUNDING PROPERTY O HERS ?ACE 2 James and Sally Eckhardt 24205 Weld County Road 57 Kersey, CO 30644 ti111iaci Rause 24297 Weld County Road 57 Kersey, CO S0644 USA Farmers Home 4302 West 9th Street Road Greeley, CO 80634 Ja^„es Kato 23964 Weld County Road 57 Mersey, CO 60644 Elton and Arninda Townsend 23544 Weld County Road 57 Kersey, CO S0644 890518 • AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property 27808 Weld County Road 50, Kersey Lot A. Recorded Exemption No. 683 cSee map attached) STATE OF COLORADO ) as. COUNTY OF WELD ) TEE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and leases of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. WELD COUNTY TITLE COMPANY 94:17410flu with-,.,--- Kathryn: A. Wolking Vice Piesident lJ The foregoing instrument was subscribed and sworn to before me this Lj day of "`pn.i. , 1922: WITNESS my band and official seal. My Commission expires: J 0/40/2 9 otary Public 890516 Brett Wayne Branch 27808 Weld County Road 50 Kersey, CO 890515 •• USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Pee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: Lot A of LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: RE-683 Section Pre7NF43 T 4 N, R 64 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section 3 T 4 N, R 64 W Property Address (if available) 27926 WCR 50, Kersey, CO 80644 PRESENT ZONE - ARricultural Zone OVERLAY ZONES NONE TOTAL ACREAGE A _ PROPOSED LAND USE Redidenev agricultural . helipn-t EXISTING LAND USE RecirAnre agricultural SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT- Name: Rrert Waynp Rrnnrh Address: 27926 WCR SO City Kersey Zip 44 Home Telephone # 356-8830 Business Telephone # Name: Address: City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT _cif different than above) : Name: Address: City Zip Home Telephone # _ Business Telephone # List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: same Address: City Zip Name: Address: City _ Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plane submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD Z STATE OF COLORADO ) Signature: Owner or Authorized Agent Subscribed and sworn to before me this q day of C ,,: \ 19 ?°t. �.�y t n, C-;)rnT.c� NOTARY PUBLIC \ My commission expires 890518 My Commission Eapiras Fob. 13. 1993 • • Addition toot purpose at use narrative. I would like to explain in more detail the use of the proposed heliport. First, the ten pilots including myself, is estimated by counting family members and future children that might obtain their pilot's license sometime in the future. Second, I want to explain the commercial side of the heliport operation. Sometime in the future I will receive a commercial ticket which will allow me to fly for hire. At this point the heliport would be used for private (personal and family use) as well as commercial use such as a person or persons, depending on size of helicopter, would come to my house and we would simply depart and arrive from my heliport, instead of the airport. 890518 0 • The proposed use of the area consists of a Hangar for a Helicopter, 30'* 50' , and a landing pad, 25'* 25' . I will use the Hanger to shelter the Helicopter, and the pad will be used for departure and arrival to and from the property at which it is located. As an aircraft owner, it would be economical to have the aircraft at my residence for purposes of time, which I would lose transiting back and forth to the airport. There is no need to depart from an airport in a Helicopter. In the Federal Aviation Regulations, 91.87(2) and 91.89(2) , it states, "A helicopter, shall avoid the flow of fixed wing traffic. " Therefore I can avoid the fixed wing traffic almost entirely by departing and arriving from my residence. When I obtain a commercial license to fly for hire, more time will be devoted to the aircraft and its use. For this reason, operation from my residence would be economical on my part. There wouldn't be any gas charges for me to drive a car to the airport to depart from there. Also it is by far cheaper to have aviation fuel delivered to my property and fuel the helicopter there, rather than pay almost double for the fuel at the airport. There are no existing heliports, or aircraft operations on surrounding properties. The distance of the proposed use to residential structures is as follows, to the north the nearest residential structure is 84' , to the south the nearest residential structure is approximately 850' , and east of the proposed cite the nearest is approximately 450' , to the west, approximately 1/4 mile, and southeast would be 900 feet. The maximum number of users (pilots) on thA,'proposed cite will be 10. As of now there will only be two users. As soon as I get my commercial rating, I will be looking at a larger helicopter, such as the Bell 206B JetRanger. The 2068 is a five place helicopter so this would mean that myself or nine other perspective pilots and four passengers would be using the facility. I own the property and the proposed cite for the special review permit. The hours of operation will be open twenty-four hours, but 99& of the operation of the helicopter would take place from 6 a.m. to sunset. There is no need for employees or shifts. The proposed use does not require any use of water therefore there is no need for a water source. The access routes to be utilized for the proposed use will be a 360 radial from the center of the helicopter pad excluding those radials that are in direct line with houses, telephone poles, and animals, and another structures that would be hazardous to both me and the structure itself. Vehicular traffic associated with the proposed use would • be none except in special occasions where there would be a need for the helicopter to be loaded on a trailer and taken in this mean then there would be need to drive to the pad the put the helicopter on the trailer. There is no running water in the hanger, so sewage facilities are not needed. The proposed fire protection is the Kersey Fire 3�518 Department which is located in Kersey, which would be a 5-1 minute drive maximum for the fire trucks to arrive. There are no types of animals to be used on the proposed cite. There is a 30'* 50' pole building which will be on the proposed cite for storage and shelter of the helicopter. The water flows from the southwest to the north east on the surrounding property adjacent to the proposed cite, contrary to the cite itself which is elevated and surrounded by shallow irrigation ditches for run-off purposes. There will be no need for removal of debris, junk and other wastes associated with the proposed use because there won't be any. The proposed use will not require any materials that will later need disposing of. The landing pad for the helicopter and the building will not have any landscaping around it. Any type of landscaping such as raised sections of earth, plants, and trees may cause hazards by obstructing hover taxi. The ground surrounding the proposed cite is planted alfalfa, so erosion is limited. Upon cessation of the Use by Special Review activity, the 30'* 50' pole building will provide adequate storage for farm equipment or hay. The concrete pad can be left for a entrance into the shed. construction is complete and sitting dormant and capable of start-up after acquiring the Use by Special Review Permit. The proposed cite is consistent with the Weld County Comprehensive Plan on account of the cite lying outside of the Kersey expansion area. The location of the cite is on agricultural land, but the actual proposal cite of operation on the land].takes up 2325 square feet. Which is a small part of the land, and the rest of the land will remain agricultural. There is adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the county due to inbound and outbound routes well clear from neighboring structures and buildings. The use of the cite will not affect the surrounding uses of land. The land surrounding the cite will continue to be used in a productive agricultural manner. The surrounding parcels of land are residential and agricultural. Starting with the north parcels, there are two adjacent pieces. the northeast parcel is residence and the Northwest is agricultural land, and often used as pasture for horses. To the west is my parents property which is used for pasture and hay production. To the south across the road is used for . agriculture. East of the cite, is residence. The proposed cite is outside of the future developing area of Kersey. The cite is not located in a flood plain, geological hazard or Weld County Airport overlay, or any overlay areas. 890518 •AFFIDAVIT OF INTEREST OWNERS • • SURFACE ESTATE Application No. Subject Property STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the epplication. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. f� The foregoing instrument was subscribed and sworn to before me this day a 19 s' 1::Y WITNESS my hand and official seal . My Commission expires : 4;; :.Vtt,tc,vn caauuc rat,. ia t4•t: C\e, • Notary Public 890518 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION I/ Bates. David and Dorthy 27620 WCR 50, Kersey, CO 80644 1053-03-000-017 Branch. L]ovd and Jean 27808 WCR 50, Kersey, CO 80644 1053-03-000-020 _ Ka' ss r. Allen and Sharon P.O. Box 112, Kersey, CO 80644 1053-03-000-021 Koenig, Lynn and Connie Rt. 1, Box 1176, Kersey, CO 80644 1053-03-000-022 Branch, Brett 27926 WCR 50, Kersey, CO 80644 1053-03-000-025 Davis, Raymond and Virgina 23785 WCR 57, Kersey, CO 80644 1053-03-000-026 Sitzman, Gladys 1100 48 Ave, Greeley, CO 80634 1053-03-000-027 Oster, Dan and Willadeen 21271 WCR 42, LaSalle, Co 80645 1053-03-000-031 Hoshiko, Paul Jr. and Jean 28607 WCR 50, Kersey, CO 80644 0963-35-000-013 Hoshiko Farms, Inc. 28607 WCR 50, Kersey, CO 80644 0963-35-000-014 Kramer, Timothy and Joanne 24350 WCR 57, Kersey, CO 80644 0963-35-000-024 Eckhardt. James and Sally 24205 WCR 57, Kersey, CO 80644 0963-35-000-025 Eckhardt, James and Sally 24205 WCR 57, Kersey, CO 80644 0963-34-000-003 Eckhardt, James and Sally 24405 WCR 57, Kersey, CO 80644 0963-34-000-006 Rause, William 24297 WCR 57, Kersey, CO 80644 0963-34-000-007 USA Farmers Home 4302W. 9 St. Rd. , Greeley, CO 80634 1053-02-000-020 Kato, James 23964 WCR 57, Kersey, CO 80644 1053-02-000-021 Townsend, Elton and Arminda 23544 WCR 57, Kersey, CO 80644 1053-02-000-022 890518 • • AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property .27808 Weld County Road 50. Kersey Let A_ Recorded Exemption No. 683 (See map attached) STATE OF COLORADO ) ) sa. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and leases of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office. or from an ownership update from a title or abstract company or an attorney. WELD COUNTY TITLE COMPANY 4.2 i /oi,„s c,,_ Kathryr/ A. Wolking (/ Vice resident The foregoing instrument was subscribed and sworn to before me this LJ day of a.p4A.2 . 19•. WITNESS my, hand and official seal. My Commission expires: I O/ao/g 7 • otary Public 890518 • • Brett Wayne Branch 27808 Weld County Road 50 Kersey, CO 890518 Amvinhais RECORDED EXEMP'tN N:= 1053 - 3 - 1 - 83 fr-,me (�••'- B 1035 REC 01972686 07/03/84 11 : 36 56.00 1 /002 J4251• ,J� F 1285 MARY ANN FEUEPSTEIN CLERK 4 PECORDF.R WELD CO, CO . n *till WELD3.Wad f0014=1441), 1 _ k a w� 46 .'S. 'J9's7'w. 900.00' a ---3~ aas�+e7'w 4/2.44' .J ,. N. IC) 1 LOT 'b' LO►T 'A' , 21 . 838 = ACRES ,t4i 8.506 ± ' .� $ Ar ivE5 Z i 8 8 8I zyy • AL e4WO4 G. r 3 ' -- -- S90.te Al02.2,.43SE. i - A09.G5' i x`36'//:E. 599.05' W.Od`23 r5e-E. 5:a 5 42.03.5it. - F4.14'— Al t315CE, • !.'5.47' L CT W. • O.5lia L ACRes Lore; • 2I• efibzt1Clse WEAL - 30.405 Le 1,4 ' tom' II 15 194 ' 15 vs Rs sa OM OP UMX111 . I s Lar b' t.(r4W. 610YC 4 JEW tenet a! 2 ar. view e sr(as x ! ►7rRtEY . CO,Ow. &r.44 Ir 4 ' 5 ; 2 I -r i �» * 8: 518 ..o 9 10 c rizEme Ea1GMIEEtti6 • L994-77 ' -'3" "B ' EXEWION Ns* I033 -3- I -e-683 _ R tO LEGAL OLSCRIT11ON 7'- 1 777 parcels A, D. G. D. t. 1. and it pert of Parcel C, being a part of the East Boll (Till of o` the Northeast Qu (MOt) of Section 3, Township 4 North, Reese 64 West of the 6th o T.M., Weld County. Colorado. helot more particularly described an follows: G Segineing at the Northeast Career (Nt Cor) of said Section 3. esd considering the North U line of the Northeast Quarter (Nth) of said Section 3 se beartsg South 69'59'57" West. a with all ocher beariegs contained herein being relative thereto: Thence South 89'59'57" o w Vest, along the North line of the ape of amid Section 3. 1,312.46 feet; Thence South o X 00'50.26" Vest. 1.055.09 feet; Thence South 88'85'11" East, 399.83 feet; Thence North •o te 88'23'S4" Teat. 514.00 feet; Thence North 02'05'43" Last. 149.65 feet; Thence North d 'o 89'04'04" Last. 330.58 feet; Thence South 62'03'34" East. 74.14 feet to a point on the x• East line of the Nth of said Section 3; Thence North 00'48'12" Last, 927.93 feet to the uu Northeast Comer (NZ Cor) of said Section 3, said point being the Point of Beginning. ,c z Said described parcel of land contains 30.403 acres, sore or less, lselodieg • strip of ^ o ground 30 feet in width along the North and test liars of the Nth of said Section 3. reserved for County toed ROW purposes sod is subject to any rights-of-way or other ease- " z ants es recorded by issuance of records or as now existing on said parcel of land. w w '. mt., LLCAL DC*t*1PTION • z LOT r0$. 0 o -. • N - Parcels E. 7, end • part of tercel C. in the East Self (Vt) of the Northeast Quarter o ¢ (Nth) of Section 3, Township 4 North, Range 64 Vest of the 6th T.M., Weld County. Colo- w redo. Doing sore particularly described as follows: w w Beginning at the Northeast Corner (NL Car) of said Section 3. sod considering the North e•°. 4` line of the Northeast Quarter (NE%) of said Section 3 as bearing South 89'59'57" Vest, '- Z with all other bearings contained herein being relative thereto: Thence South 89'59'57" - 4 West, along the North line of the IrEh of said Section 3, 412.46 feet; Thence South 00'50'26n Vest. 1.048.65 feet; Thence North 88'23'56" Last, 13.47 feet; Theme North U 4 02'05'43" East. 149.65 feat; Thence North 89'04'04" Past, 330.58 feet; Thence South _ a r 4?•n3'J4" !set, 74.14 feet to • point on the East line of the Nit of said Section 3; ,n ,p Thence North 00'48'12" Teat, 927.93 feet to the Northeast Corner (lfi Ccr) of said Section ^ cc 3 said point being tha Point of beginning. C r, , Said described parcel of land contains 8.565 ecru, more or less, including • strip of ow posed 30 feet in width along the North and Last lines of the Nth of said Section 3. reserved for County Road ROW purposes and is subject to any rights-of-way or other care- meets as recorded by instruments of records or as now existing on said parcel of lend. SUIVITOR'S CERTIFICATE I hereby certify that 1 have prepared this legal description. - r ELSE n { e , • o do P.L. 4 L.S. 4 '� s • PROTPIST OWNERS' APTIOVAL ,?S 051.09r We. Lloyd and Jean Branch. being the sole owners is fee of the above des ribs property do hereby subdivide the sane as shown on the attached sap. Lloyd RTsuch Joe-Breech 0 The to cation was acknowledged before me this 17tlday of bm,• . Vitsese ry hand sod seal. .. My tee: February 15. 198', Notary Pudic J ti r '7 101 Int St .; Kerney, C.'I••r.oL• MO0$ COMM COMMISSIONER'S Ct17ITICATt The accospaoyiog plat is accepted and approved Par filing. ATSTST: dga C,811liMAN County Clark: heard of (aunty Gauntest ICI Inesers:A.! le;irdasS, 8518 bated: Citi. 0 . 4, Jar/ ?Pet 0 fMEM! EBISUOMUSIS 1954-T! • _ B 1149 $ic 02091753 03/13/87 15:2Alk S3.00 1/001 AR2093753 - F 1036 AIRY ANN F£UERSTEIN CLERK &WCORDER WELD CO, CO i• QUITCLAIM DEED THIS DEED, Made this 11th day ISI March . 1987 , between LLOYD BRANCH and JEAN BRANCH of the 'County of weld and State of Colorado, grantor(s), and State Documentary Fes tyy..�yyyy��yy�.��),,,,,,,,,�,,,,,��, i.; 1989 BRETT WAYNE BRANCH $ D whose legal address is 27808 Weld County Road $0, Kersey of the County of Weld and State of Colorado.grantee= WITNESSETH.Thai the grantor(sl. for and in consideration of the sum of good and valuable consideration and Ten (S10.00) DOLLARS the receipt and wffrciency of which is hereby xknwkdged.have remised.released.sold.conveyed and QUIT CLAIMED.and by these presents do remise,nelcrse.sell.coney and QUIT CLAIM unto the grantee* his heirs.su Lesson and rsipn. forever. all the right, title, inten:st. claim and demand which the grantons) ha in and to the teal property. together with imprr"sments,if any.situate.lying and being in the County of Weld and Stare of Colorado.descnbed as follows: A parcel of land in the El of the NEi of Section 3, Township 4 North, Range 64 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the Northeast corner of said Section 3, and considering the North line of the NE} of said Section 3, as bearing S89°59'57"W with all other bearings contained herein being relative thereto; Thence 589°59'57"W, along the North line of the NEI of said Section 3, 412.46 feet; thence S00°50'26'W, 1048.65 feet; thence N88°23'56"E, 13.47 feet; thence NO2°05'43"E, 149.65 feet; thence N89°04'04"E, 330.58 feet; thence S62°03'34"E, 74. 14 feet to a point on the East line of the NEi of said Section 3; thence NO0°48' 12"E, 927.93 feet to the Northeast corner of said Section 3, said point being the POINT OF BEGINNING. Including 3.00 shares of the capital stock of the Farmers Reservoir and Irrigation Company and One ( 1 ) share of the capital stock of the Bailey Lateral Ditch Company. alumutetwattenumutanumuc TO HAVE AND TO HOLD the same. together with all and singular the appurtenances and privileges thereon,belonging or in anywise thereunto appertaining.and all the estate.right,title.interest and claim whatsoever,of the grows),either in law or equity.to the only proper use,benefit and behoof of the grantee** his heirs and assigns forever. IN WITNESS WHEREOF,The gnomons)ha ve executed this deed on the date set forth abtwe. 49i�is�nilo+r� �( 1DD� .1117/1 • BRANCH by RAb)CS Jean Branch as Attorney-in-Fact STATE OF COLORADO. 1 J as, County of Weld The foregoing instrument vas acknowledged before me this 11th day of March -• .19 87. by Lloyd Branch by Jean Branch as Attorney-in-Fact and Jean Branch:„----, .. My commission expires My Commtssion Exphes . 19 Witness my hand and official seal! a . ,)1�S;/I ; si August 22, 1987 If in Denver.insert"City and," r1 No.9.1.).lin..L&4. (WIT CLAIM OrEll iu li,.J W i•M.„,.t.:!W Ma Me.IAm.nl.Co i4111--1 M14:9 Mtn A Jo la l l89 ' . Rig In . Qu o.non 1 end 2 Sven_&Pt rw set M w SAM.wed.endow' s On te e �: -._ • n,p �bt tho 1loEnlRN TO"Spew on the towns tide.fare to do So St preset this for rrl� SS fed w 1 a RMedou6DMIvwY N a ,. atwwmrd1011+ gen piss der) ti . 3. Ardd./tdasa to: -4. Attn:ti l^ 781 ..7 of E�V�OFL�j Y❑M1.1ns +7 w GLADYS SITZMAN r z coz 1100 48TH AVENUE illetioNfed andied �� o v a o GREELEY, CO 80634 orswar 0wawl a hi J ^�prWr� ore at fiat6.� G4G� '/7�y(st�yC� nq.rard u " c. —- X 7. W�D.M i - 1 1389 PS Pam 3811.Mn, 1935 • U.S.aP.o.1900-212-des wane Rum RECEIPT er a oorrrplete keno -_ Rut yaw Sheet$JflN the"RRN 10"Specs or is. -__. tFellstodothiwIpentS cord froth boat returned toYou. For in r17 in n 1, ��T iw fa d,doe, �eddiwa 2. 0 R D� M • ti Aas> in �+ Sr) Otis�e a __.____.." 3, Article Addressed tot 4. Aaois Number in d cc il3q -'758 a z a• r OISIS0K a i.. w RAYMOND AND VIRGINIA DAVIS R J2Z ❑ht.40W G ` ; o f 23785 WELD COUNTY ROAD 57 drilled 000D ea „+ a v KERSEY, CO 80644 mow" O a 4.1 see s -. __... _ M«a,oluln+wen of.edraa d see s_ or snAnd QflQa1VERhD. a 's 5. ‘ 8 Addrer.V.Atkins ellLTn " M w 6. AQMn gNae x ,7. Dore oZ • PSSpFonn 33o8.1t11.Mn 96y8 • U.9.aP.O.1S S-212-ee5 DDME8t1C RET%Wi XISEIPT - r analic bonlee- _}Redd_ewvlagrop�b ion... vedi�It.tomtit poatnatw 1. Slow to wore delivered.�and eddn.en".tole,... 2. 0 Reetrithed�ri D� r " An do 3. Article Add:Seed to: 4. ole Nun0.r N Z SC/- T59 M1 T�qeot S z VD s LYNN AND CONNIE KOENIG ORs54Nnd �Seud .7.If, M r o ROUTE 1 r BOX 1176 . &. O COD X ao KERSEY CO 80644 Offer O r wshwi e n - .35 5 IV).01-R. 5 aestmoddDA Minya otain�"'. n 6. 8 read ad OILY( a az Lo w x ��P zF. � 6. S rg9":?rrAtgentAddria zax x a X 1.20f/Dpstivay is Pb,�3IBi i,leer; 1935 * i ay.a +ode-2.2-806 00CC ReT&S tWIST 118-3end4. r Put Ytwr address in the"RETURN TO"Sped on the row*olds.Fens to do thie witprevent tide card from Sing retunwdto Yar. ev ailEVE . ,I'' '�;,, w fa eddMlonai eervieal sated.. _ - '" 'o ,dote. end ounion 'reddrwe. 2. 0. R Day (Bm v . w 3. Article Addressed WI 4. Artois Norris l+ v7 __. ALLEN AND SHARON KAISER 'Wm ❑' of US Ortered Qteereed a a V, P.O. BOX 112 O Conant ' ❑C00 .errot KERSEY, CO 80644 ❑bowsfMI O�R ay s o0 AMaq obtain boned ni of eaarnwe ti sees se es - _.. j aspsadWeoe4VERt0. 0 a C o c, _ - 6, Signature Address e. Addressee'sdr wdh.Ad 00.3`0.w as X mod,,�' (1 1 (,�1 A X Situ 7. Da 2/P PS Porn 3811.we. 195a • U.S.tP.o.tala-212-1166 camas must toot 890518 (D/ai _Rq Ph-0470 _� — -. . 3 and•.: CGalp stsMans 1 .td 2 wean ddldad•nee,trs disked, and oompMts lore o Put addlen in the"RETURN TO"8p•o•on der manes aide.Fan to do this will prevent this m N toowsdnd n�gomtduNndto oour w • rN o --_ 1.r 0 Show to whom addressdOltlend sers sddimountedws. 2: O Rae OaOnry dime deer) So cent) a X ' - 3. Ankle Addressed to: 4. Aedda trends y s V � v y-- 753 r PO c BRETT WAYNE BRANCH Thni Of U negireeed 0 Msuaa a w U 27926 WELD COUNTY ROAD 50 Clowned QQoo 'a - z o o KERSEY, CO 80644 �ysMa QRaoalt a 3 , Men star domes of address 5- F .o L..1 _ _ --- -- or. rd and QAR oalyIRW. F C's. co 5. 8. Addrenaa's Address(Oldie x r, ;,.I - ES �A�ddress -L raprraa.latrahaPsb9 N[C N Y X 5. Oz ofiry PS ram 3811,Me. 1568 • U.B.A.P.O.1088-212-866 DOMESTIC RETURN RECEIPT p-ut warwa m on nclvni lw oyat�aw'u ,ewes.rw.TWV IO W oia'wpl.wn[Ra- _. cardtran OsFp rsuansdto w u tea esma ottM snesn MNvarod S C. Arrrrnwrn rw�aw.)nga l�wnw��is i��iVr�.biwfwna W�nwl� v7 vl as -tic M for additional aarWwtal Pall. td. t` rn 1. $lines W wOOM d �d ddiwsw'•dAess. Z O Restricted DaNwry W Ova awl* .s m O l 3. Article Address('m: 0. ArtMM$'�vi0� 2- - Z ' �4 H kb DAVID AND UP DOROTHY BATES of d O u o co 27620 WELD COUNTY ROAD 50 CartlMd Mee 'a w o " KERSEY, CO 80644 gizmo Lis 0 Norectra, 0- O Q V MSGasrws S0RIE as of.aM a.. ¢ 3 -. or cent and.9AT10KWerm. o o w - 6. Signature" �r 8. Addra rm's Adresse(ONLY e X `/ RA. rnsdadfr+arm FNS r q r.N X 6. Signature -Agent X 1 p/ 1) PS Poem 3811,Mn. 1988 • IL8.A.P.O. 1668-212-866 DOMESTIC RETURN PROSPT a��Mood(�cdd6��a�rMyysifor aav w o • 1. to Worn dNwsrd se's 2. 0 Rob(Ewa dem° arse Delivery " Q .._-.LP; :1 All '3. Attk1s Addressed to: -4. 1 S 155 n 8rw`sn � o Ln - LLOYD AND JEAN BRANCH o1 s z 27808 WELD COUNTY ROAD 50 pqI� a o D co KERSEY, CO 80644 UEmrwlAsll Q rrnsor&s _ ,•7 ti AranotSM Mpnaas el amen a O q a V Wain IN�/l8 Dlr?. a ¢ a a. X ��yyll /T & a (dN/LY(/ O 000 6. j� femme d seijbe flag �O�/ . ��C f� co IX 7. Data otpowery 0 .. PS Pam �3811.Mn. 1988 • uaaP.O.16 es11c 88-212-665 poem RETURN RECEIPT 1. O Stow to wham d s address. 2. 0 flared Dern Mon dyne) atom eitege) `� 3. Arl$ols Address to: 4Ez . o '15. ' w oK ol$srM o DAN AND WILLADEEN OSTER- o RadsMrd O Mewed o v LJ 21271 WELD COUNTY ROAD 42 p7q.c d OccD s • o z c> LA SALLE, CO 80645 gnomes MO ❑ o a o A► tra owls emus ot adOmea ,a - O o O or agent and 0A11.011,08807. 6 Addn rl & Addrao eef fer Address dGiNLt�1 a o44 w X rJ� L/ . rKsa�ndJiaPa14 a a 6, Signature-.Agent /� r.-. co X . Z N_ m N - - 7. On of D•M srY PS Pam 3811.Mn. 1988 • U.8.4P.O. 1066212-865 DOMESTIC MOURN RIONIT • • 'C0518 • ad 4.: Complete Rome 1 end 2 when**Nowt awoke we Oinked,end cues In jPut Weir address in Ws" Pa NTO"fixes m lid reverse saw Ftlwem do prevent this e we preve . eigeGerd is glii how d �lo r ed s e adadb s. 2. Cl Reiblatad dam Sweln640 Ono r 3. A......•Nlrrne ,ta: 4. Amide Number i. F.-, p JAMES AND SALLY ECKHARDT D &Sot&S�- �� r t? 6 a< 24205 WELD COUNTY RAOD 57 s .8 a KERSEY, CO 80644 _ rte_q D COD r w N a Ewa Mee ❑ t S a z o Atari obae.ripee•e of eddies ra `a o O 6. Slants°—Address 10. Addt�•fied Ad Ad waxy D zw " • - Xfr R ztnw X ; ages- w o m ' `'IA75. Down N � �l/�9 ---- • PI Form 3811.um.1983 * U.S.CLP.O. $88"2t2-86$ DOMESTIC RETURN RECEIPT err: Compp t• Kemal end 2 when addhknse winos* ere desired, end canplea lame Put your ads M tho"RAN TO"Soiree on Ur nee SWe.Failure to do this wa prevent this card from bong returned to c. �p erg the Wt eWnldMr Thee the lawM9ry wrvwe•en eveeews.bw.un V�^�eewr Ia se ehd o wtcc xl •)for WdMond ewvbeU)requestd. t. ❑ Shaw to whom delivered,. and addressee'•eddao. 2. iluiCsR ler d D dine) Gibrw elivery C3 C w n 3. Article Addressed OW 4. Mh30 "✓7t_ !Jv WI c` x O 4 T of S SDK r m x TIMOTHY AND JOANNE KRAMER *Saws D weft* s , Contend r H 24350 WELD COUNTY ROAD 57 D Isms Myr 0Rarkw r :7' 0 0 o KERSEY, CO 80644 ', o co Awreys obtainepnehw s el*Weems 7 a V - _ -. __.. . __ et sort and QATttORNIRID. 6,� �8. Ad efliVa Addis(�WLYa o. La mesa owl*wa i_. 0 w d. -AOwK�~4�� O v, ti X 2 w _' ,. Deis Ivory/ ' F N JL _ PS Fort 1,Mn. * U.S.O.P.O. 18S6-212-666 DOMESTIC RETURN M IM f me MOM. and oampl•ce items Put your•fins&In the"RETURN TO"Son on the reveres side.Failure to do eh'.vole prevent this -__ ..._ ewdfrembelnu nUerwdto e�p lee' �o WV* *OO'1*of WIMry or'' «e"°aiii)i "w ells W°een.�c.."°« 'N ti.', . o . Neehow too whomII for addart and W addressee's oaks. 2, Q Meepicted Dells y ra Q VI D Mara dlmx•J awe died,) to O 3. Artble Addressed m: '4. Ardope M1a a (5 751 a y 004 HOSHIKO FARMS, INCORPORATED otSerwa.. in I r a. 28607 WELD COUNTY ROAD 50 Frowns D used S "" z va KERSEY, CO 80644 Cad,sd ��epe�p ❑base sirs&MO ❑ hfereh e 4:,* O u G O snooks innb of sown n /7 aepmtsndDl�TlOO.pVlMN?. CL X r % '�G/l� _j TIG�_2.l & re aide*dress tad •-q N. Liz . —:74 ‘ Vl .C Z O o0241 -_.._.- X 7. Date Delivery r PS Foes 3811,M cc 4'68 • 8.8.13.P.0. 1088-212-8.15 DOMESTIC RETURN RECEIPT r slaw m when+deetd e0dr••ese'e oddities. 2. oM Delivery 3. Arno*Addrnnd to: 4. Article - ism ru1.0 ,a, Ln �Ln T of Ss*.: n. _ PAUL AND JEAN HOSHIKO, JR. RsuMI_W Di - 'aweA S _ _ .512 28607 WELD COUNTY ROAD 50 a D coo In x x KERSEY, CO 80644 co >_ •. Always t I San or eddie su s x z - _ _ .. __ - - , or sumo isle;an 00.04,40. o O 0 6 - D. Addteeests Address oars r co rl w V J( Ac artLIZ npreetlordfe0dd1 0- n0 0 zx X d ^ w 7. bete of Whey r 0 ,F'2 - w N x P6 Pam 3811.it. I968 • tL6.O.P.O. MIS-21Z-666 DCS'flC MUM Rican • , c30518 4. • • C....).4.Items 1 mod 2 whin additional ands rnt Said,and ooeptt.Ms A of madrasill in "SEDAN TOrr•Sp.o.ondw sera olds.Falls to Sothis per ON it ----7 ‘04,5 ma nag DOM•edelf:Addlnonsi sentosba .Oere.u. .da.se. 2. 0 Paistnotrid Delivery Ln im ,n3. MaleAddre...d to: 4. Artiole Martha S M1 --- io -- - - - 7g5 Dr Of s Ha ELTON AND ARMINDA TOWNSEND UR..tihwd Ol..ad r z F 0 23544 WELD COUNTY ROAD 57 Cooled 000D T KERSEY, CO 80644 �°��mar �� 0 d 8 0D Musiosnb•0•••w•dadds ri ¢ F7 , p .w . .a �.d: . . z v 6. Slgli.m..—Agent o v m .H1 rani w - X W N p[ 7. DoteOh/A79 PS Penn 3811,Mu. 1986 • U.8d.P.O. 1988-212-995 DOMESTIC RETURN NEWT • SENDER: Saul C m..'l�no 2 wlwn additional..Mss w desired, 4.t ed, VW oon . mm. _.. �.alf Wg ..wr vw, wurca. .vr.ur. n and 4. ' Yov.ddn..In 1M'RETURN TO" side.Myra will powwow etp _-- darontdran�bppltn�pp..�dMw�dt.O Yw fr wMorovN.wmtn.e�n.et tn.ea,.e2 r. Tp? in0 dwdc DORMS for addadditional.a .(U vlo '�p'•ac v.w -a in 1. Slaw to wham deUvasd,dots,and.ddraser•won 2. 0 R..trbred WNW r 0 au dew (Ems Song 0 __ 3. Article Adaa..d to 4. Artld.Dunbar � 747i4S . a ease/ `n- T of s - H v a Z o JAMES KATO U Bala d Ism eo a 23964 WELD COUNTY ROAD 57 Maimed 0ccD o _ KERSEY, CO 80644 O tossMoe O ¢ w O d - Sem uln.Ipn.C eof Swam Cl. 4 r . avast midDATS MVOS , >r "6. Struts—Addis S. AddnswO Address(ONLY(/ w rn a wend- X .sadferpale "4 es4c.1 Y S. —Ate_ / PS Penngfr;.Mar. 1966 • U.S.O.P.O. 1969-212-665 00 51)C RETURN RECvr ?flirt;sec s. anand to Yu. _ _ Q t� show to wMmds dditionsi�id6.... 2. p.SootootwO WSW Mani dart) ant del* r- : ¢004 3. Amnia addmssd t.: 4. Article Nort e (,[ M1 H ______'� T` . Zl1 DOM Of 7 w v USA FARMERS HOMEcriR•pl•••Sea b Must r w cc w 4302 WEST 9TH STREET ROAD acw usO ❑COD s _ o x 000 GREELEY, CO 80634 5,tose.Wll O Mat . s O cn o - mom cOtrio iron dadAww a a v _ _ - _. _ of Cos end 6._6.Aden d v a l:. .a •X 6. 17.4 .1 d l,-� . .t .G.- apnea fir pekeN 44 6 O W cnMof X 7. Dots /,, D.BVYl 8'��,// PS Penn 3811,Ma. 1988 • Yoe 9jP.0. 1966-212-669 DOBRkii1C�RETU I war wtq,s�Q s "Pm"...d�u.-6uu vwy 'sa aM 1.N J7.mw.�p:w1Y .1.1V.Y.ON.WMwc Vw.,,..as _.___ rvitstal requested. 1�or VsShow to whom e. additional .Jenson seen... 2.O fteettletsd Des M1 Ss OO Xs ohne) c0 '� 3. Ai11eM AdtMessed t0 4. MaN a M1 - a _ ce WILLIAM HAUSE 7G O COD s r s 24297 WELD COUNTY ROAD 57 Ells ut Z `.c0' s KERSEY, CO 80644 C7 tuna M.6 ❑�� s m Lvpar .IO o co A ona *Odem.. edd c o _.._ d —`-.__ . _—...- a.O.n ak.2i x a U 4• � 9 �Z 9 Addiwssr Address cony a. mows d adJ�Po1 .. m -- Agent 0,1 cd 3 c1/4J Z - 7. Date of DMlvery PS Perm 3811.11988 • U.B.O.P.O. 1988-212-965 DORESTIC RETURN RECEIPT RESOLUTION RE: ACTION OF THE BOARD CONCERNINC SHOW CAUSE FEARING TO CONSIDER REVOCATION OF USE BY SPECIAL REVIEW 4481 ISSUED TO MIKE CERVI 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 June 21 , 1989 , a Show Cause Fearing was conducted to consider revocation of Use by Special Review *481, issued to Mike Cervi , and WHEREAS, at said hearing, the Department of Planning, Services informed the Board that Mike Cervi is now in compliance with Development Standards *9 , 417 , and 020 , and the minor changes approved for Use by Special Review *481 , and WHEREAS, the Board deems it advisable to dismiss said Show Cause Hearing. NOW, THEREFORE, RE IT RESOLVED by the Board of County Commissioners of weld County, Colorado, that the Show Cause Hearing to consider revocation of Use by Special Review *481 , issued to Mike Cervi, be, and hereby is, dismissed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of June, A.D. , 1989 . �J • BOARD OF COUNTY COMMISSIONERS ATTEST: r'•14,'^ P WELD COUNTY, COLORADO Weld County )Lerk and Recorder and Clerk to the Board C�yi,, Charman A % 1 By: �,- zw .�� ne nson, Pro-Tem Deputy County erk APPROVED AS TO FORM: ene R. rantner C £ orneY Co arm 890523 ATTENDANCE RECORD •LEASE write or print legibly your name, address and the name of the applicant •r Docket # for the hearing you are attending. ODAY'S HEARINGS ARE AS FOLLOWS: JUNE 21, 1989 'POCKET # 89-25 USR-HOME BUSINESS (BEAUTY SALON) IN A-ZONE DISTRICT - MYRTLE CUBBISON 'OCKET 4 89-24 USR-HELIPORT IN A-ZONE DISTRICT - BRETT WAYNE BRANCH POCKET # 89-27 SHOW CAUSE-USR 481 - MIKE CERVI NAME ADDRESS FEARMG ATTENDING ;has e 0 pi bit J 8{1(11191 VG-Aller Q31311 WC_ 3mrk U� r )41 l<41 _ V t.Z h' If 14i r.i 1 i &- L n C L Pre f etiT -E)r rc4,\C, 2 -L9 C, k)ch' s.Zl Po-&i (' Iis►rporf • 890523 G+r ROGG DISPOSAL • , Box 169 Sterling, Colorado 80751 June 14, 1989 (303) 522-6470 Mr. Bill Kirby Chairman WELD COUNTY COMMISSIONERS Greeley, Colorado 80631 Dear Mr. Kirby: I am writing in advance of the Show-Cause Hearing we have scheduled for June 21st. I want the Commissioners to know of the most recent develop- ments in the operation of our disposal at Roggen. I recognize the vital importance of proper and careful management of these ponds and the Disposal . We have instituted procedures which will insure that the ponds will be run carefully and responsibly. These pro- cedures will be reviewed on a regular basis so that nothing will be able to slip through the cracks. We have made progress in removing the oil from the surface of the pond. The weather, however, refuses to cooperate in our efforts. The con- tinued past month has made the job extremely difficult. Not only is removal cumbersome under the current weather conditions, it is prohibi- tive in cost. Nonetheless, the oil on the surface has been reduced from around 30% to 15%. Once the very hot weather arrives and the oil becomes liquified, its removal will be greatly simplified. It is for that reason that we are requesting a 30-Day Extension to complete removal of the oil from the surface of the pond. I would want to emphasize that we have accomodated all other requests made by the County including: (1 )Changing the outlet pipe from steel to PVC pipe; (2)Scrapping and abandoning the old storage tanks; (3)Completing clean up of all oil spills; and, (4)Removal of weeds from the pond. It is our hope that everyone involved in the operation of the pond will understand the importance of tight control and responsible management. With this in mind, we have taken steps to have a rigid and explicit management policy. We will carefully monitor the intregrity of our new system. I am confident that with proper control , we will not have any further oil spills. We would appreciate the extension of the hearing date to allow us to be in full compliance. Sincerely, )Ivry. ROGGEN DISPOSAL 890523 i MEMORA1DU � �. KEITH SCHUETT, PLANNING JUNE 20,1989 To Dm WES POTTER, ENVIRONMENTAL PROTECTION SVC LAW-Q / COLORADO From O ROGGEN DISPOSAL Subject: On this date I have inspected the Roggen Disposal facility. I found that the faciltiy was , for the most part, in compliance with the regulations and development standards pertaining to the operation. The pond has been cleaned of oil and weeds in the pond. The operator was placing waste liquid into Pond B and the weeds have been removed from the surface area. The oil had been removed from the pond surface to less than 2% of the total area. The pipe from the skim tanks to the pond has been replaced with PVC Plastic and is in good repair. There was no significant spillage off the apron that I noted. The only problem that was noted had to do with the operation of the oil skim and separation tanks. The operator was bleeding oil from the separator into the spillage sump and using it as a holding tank for separated oil. The sump was not designed and constructed to be used for this purpose and using it in this manner defeats the ability of the tank to handle spillage flow from the concrete apron. There is also supposed to be a receiving tank on the apron that is used to receive liquid waste from the trucks. The operator was having the trucks blow their load into the first tank of the skim tanks. This disrupts the separation of oil and water and leads to excessive oil flowing to the evaporation pond. The owner of the disposal facility should address these problems as soon as possible to insure proper operation of the facility. 830523 0 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the matter are requested to attend and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall he borne by the requesting party. RE IT ALSO KNOWN that the text and maps may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 89-27 Mike Cervi P.O. Box 169 Sterling, Colorado 80751 DATE: June 21, 1989 TIME: 10:00 A.M. REQUEST: Hearing to SNOW CAUSE for revocation of Use by Special Review #481 - Oil field fluid disposal site LEGAL DESCRIPTION: Part of the W} NW} of Section 3, and part of the E NEl of Section 4, all in Township 2 North, Range 62 West of the 6th P.M. , Weld County, Colorado ISSUES: 1 . Whether or not the minor changes approved in a letter dated June 24, 1988, to Cecil Crow, of Alpha Engineering, are constructed as proposed. 2. Whether or not the facility is in violation of Development Standard #9, which requires the installation of a measuring device in all ponds. 3. Whether or not this facility is in compliance with approved minor changes and the Colorado Solid Wastes Disposal Sites and Facilities Act Regulations, which by incorporation would be violations of Development Standard #17. 4. Whether or not the facility is in violation of Development Standard 820 regarding compliance by the owner/operator with all Development Standards. BOARD OF COUNTY COMMISSIONERS WEL➢ COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: May 24, 1989 PUBLISHED: June 8, 1989, in The New News 890523 0 • 1111016L.Cfrfellidt t?atift 591t5r14.!Ifitieb• 18 Ike First tI Fleet. at Ise a to allied ild.may thYitlithi desire tee presses/co el•cLalmf ter mete a rained te gIcttricelifie_ceethellit roc a!let air to co w g «weft au:wan was be borne by RE ZErCAWC dot the :IMAM el tleekemtibilth: '°�°` ate. . ,PA.Boc 1O . n, Cototedo w764: Rearing to k--Mir renaition el the Reds Ne,W•Oil UtN • Part it stallis Vi it here West "VP Melt t. LWsetber;W Mt(h taboos e M owe:: .. _ -.- 1etlw.d•O.d . ce Qvw dare ill 3.a1MYIyVer sot tele RIM*Or I. .. -. _ nthor` dwse.od tseSt .dwe sacs iesideaM yf� and Facilities Aet�re,ee ;erdmdta ion no ..be 1 �yp�� utstIee ttaa�eI11wItv • in vietetiesRat Devel°quer comW�iuVN°'-m 'MY!rethe Develeknent ear .8Y.ISA pe9oY DATED:May 91;lone -Ztt'l— tiew,hens. -, . ........./71 �/�/////�//��11� �� y�� PU81191EDC.Iwe 9.WS,M The 890323 • • RESOLUTION RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW NO. 481 , ISSUED TO MIKE CERVI, DPA ROGGEN DISPOSAL 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 Department of Planning Services has submitted a request to the Board of County Commissioners to consider a Show Cause Hearing to determine whether or not Mike Cervi, dba Roggen Disposal , is in compliance with Development Standards No. 9 , 17 , and 20, and approved minor changes of Use by Special Review No. 481 , and WHEREAS, the property on which the violations are alleged to be occurring is described as part of the W3 NW} of Section 3, and part of the E1 NE} of Section 4 , all in Township 2 North, Range 62 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, Mike Cervi was represented at this Probable Cause Hearing by Tom Cope, of Total Engineering, and WHEREAS, the Board, after hearing testimony from representatives of the Department of Planning Services and the Health Department, finds that there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not Use by Special Review No. 481 , issued to Mike Cervi, should be revoked for failure to comply with certain Development Standards and approved minor changes, and WHEREAS, the Board shall hear evidence and testimony from all interested parties at said Show Cause Fearing. NOW, THEREFORE, RE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Use by Special Review No. 481 , issued to Mike Cervi, should be revoked. BE IT FURTHER RESOLVED by the Board that the issues to be considered by the Board at said Show Cause Hearing are as follows: 1. Whether or not the minor changes approved in a letter dated June 24 , 1988 , to Cecil Crow, of Alpha Engineering, are constructed as proposed. 890523 -. . 890457 • PROBABLE CAUSE e DATE: Nay 24, 1989 CASE NUMBER: ZCH-36 USR NUMBER: USR-481 OWNER/OPERATOR Mike Cervi P.O. Box 169 Sterling, CO 80751 LEGAL DESCRIPTION: Part of the W; NW.i of Section 3, and part of the E NE of Section 4, all in T2N, R62W of the 6th P.M. , Weld County, Colorado LOCATION: 2.5 miles east of the Town of Roggen and south of I-76. It is the opinion of the Department of Planning Services' staff that the following Standards 2, 9, 12, 14, 17, 20 as approved for USR-481 and approved minor changes are not in compliance: - The minor changes approved in the letter dated June 24, 1988, to Cecil Crow, P.E., Alpha Engineering are not constructed as proposed. The concrete joint in the spill pads is not sealed to contain spilled materials. The engineer for the project must certify the pad's integrity to contain spills. - Development Standard 9 required the installation of a measuring device in all ponds. A temporary measuring devise has been installed only on the north pond. - Development Standard 17 required that all phases of the operation comply with all County and State Health Department Regulations. The February 22, 1989, letter from Wes Potter to Mike Cervi, owner of Roggen Disposal, Inc. , indicated the pond's surfaces are covered with oil, the facility is not in compliance with the approved minor changes and the Colorado Solid Wastes Disposal Sites and Facilities Act Regulations. - Development Standard 20 indicates that the owner and/or operator is responsible for complying with all Development Standards. All standards are not in compliance. Based upon the above information, the Department of Planning Services' staff recommends that the Board of County Commissioners schedule a "Show Cause" public hearing on June 21, 1989, to consider revocation of USR-481. 890523 1 • • RESOLUTION RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW NO. 481 , ISSUED TO MIKE CERVI, DPA ROGGEN DISPOSAL 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 Department of Planning Services has submitted a request to the Board of County Commissioners to consider a Show Cause Fearing to determine whether or not Mike Cervi, dba Roggen Disposal , is in compliance with Development Standards No. 9 , 17 , and 20 , and approved minor changes of Use by Special Review No. 481 , and WHEREAS, the property on which the violations are alleged to be occurring is described as part of the Wi NWI of Section 3 , and part of the E3 Nfl of Section 4, all in Township 2 North, Range 62 west of the 6th P.M. , Weld County, Colorado, and WHEREAS , Mike Cervi was represented at this Probable Cause Hearing by Tom Cope, of Total Engineering, and WHEREAS, the Board, after hearing testimony from representatives of the Department of Planning Services and the Health Department, finds that there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not Use by Special Review No. 481, issued to Mike Cervi, should be revokee for failure to comply with certain Development Standards and approved minor changes, and WHEREAS, the Board shall hear evidence and testimony from all interested parties at said Show Cause Fearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Use by Special Review No. 481 , issued to Mike Cervi, should be revoked. BE IT FURTHER RESOLVED by the Board that the issues to be considered by the Board at said Show Cause Hearing are as follows: 1 . Whether or not the minor changes approved in a letter dated June 24 , 1988, to Cecil Crow, of Alpha Engineering, are constructed as proposed. 890523 f 890457 1_ ! ,. I Page 2 RE: SET SHOW CAUSE HEARING - MIKE CERVI 2 . Whether or not the facility is in violation of Development Standard 9 , which requires the installation of a measuring device in all ponds. 3 . Whether or not this facility is in compliance with approved minor changes and the Colorado Solid Wastes Disposal Sites and Facilities Act Regulations, which by incorporation would be violations of Development Standard *17. 4 . Whether or not the facility is it violation of Development Standard *20 regarding compliance by the owner/operator with all Development Standards. EE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing shall be June 21 , 1989 , at 10 : 00 a.m. , and the hearing shall be held in the First Floor Hearing Room of the Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of May, A.D. , 1989 . �?� u EOAPD OF COUNTY COMMISSIONERS ATTEST: f2 t 4in) WELD COUNTY, COLORADO Weld County �erk and Recorder f`",,2< <l and Clerk to the Board C.W. Kirby, chairman BYL,_ f}lc-yoccc , ( 1 ) qu ine ' hnson, Pro-Tem • eputy County Clerk EXCUSED APPROVED AS TO FORM: Gene R. Brantner ///y George Ke dy �j. ,�. J �(`2' tes. County Attorney �- Go1cd n Lacy r 89®523 890457 • PROBABLE CAUSE • DATE: Nay 24, 1989 CASE NUMBER: ZCH-36 USR NUMBER: USR-481 OWNER/OPERATOR Mike Cervi P.O. Box 169 Sterling, CO 80751 LEGAL DESCRIPTION: Part of the WI NW! of Section 3, and part of the El NE; of Section 4, all in T2N, R62W of the 6th P.M. , Weld County, Colorado LOCATION: 2.5 miles east of the Town of Roggen and south of 1-76. It is the opinion of the Department of Planning Services' staff that the following Standards 2, 9, 12, 14, 17, 20 as approved for USR-481 and approved minor changes are not in compliance: - The minor changes approved in the letter dated June 24, 1988, to Cecil Crow, P.E. , Alpha Engineering are not constructed as proposed. The concrete joint in the spill pads is not sealed to contain spilled materials. The engineer for the project must certify the pad's integrity to contain spills. - Development Standard 9 required the installation of a measuring device in all ponds. A temporary measuring devise has been installed only on the north pond. — Development Standard 17 required that all phases of the operation comply with all County and State Health Department Regulations. The February 22, 1989, letter from Wes Potter to Mike Cervi, owner of Roggen Disposal, Inc. , indicated the pond's surfaces are covered with oil, the facility is not in compliance with the approved minor changes and the Colorado Solid Wastes Disposal Sites and Facilities Act Regulations. - Development Standard 20 indicates that the owner and/or operator is responsible for complying with all Development Standards. All standards are not in compliance. Based upon the above information, the Department of Planning Services' staff recommends that the Board of County Commissioners schedule a "Show Cause" public hearing on June 21, 1989, to consider revocation of USR-481. 890523 INSPECTION REPORT NAME: Roggen Disposal (Mike Cervi) LEGAL DESCRIPTION OF PROPERTY: Part of Section 33, T3N, and Section 4, T2N, all in R62W of the 6th P.M., Weld County, Colorado DATE: May 22, 1989 CASE NUMBER: ZCH-36 The property was inspected to determine compliance with Standards 52, 9, 12, 14, 17, 20, and approved minor changes: Standards #2, 12 and 14 are in compliance. Standards #9, 17, 20, and approved minor changes are not in compliance. Standard #9 required the installation of measuring devices. A temporary measuring device has been installed on the north pond. No measuring device was observed on the south pond. Standard #17 required that all phases of the operation comply with all county and state health department regulations. The February 22, 1989, letter from Wes Potter to Mike Cervi, owner of Roggen Disposal, Inc., indicated the pond's surfaces are covered with oil and that the facility is not in compliance with the approved minor changes and the Colorado Solid Wastes Disposal Sites and Facilities Act Regulations. Development Standard #20 indicates that the owner and/or operator is responsible for complying with all Development Standards. All standards are not in compliance. Keith A. Schuett Current Planner 00e /s • DEPAR'I�NT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 H1 . 111211 915 10th STREET GREELEY,COLORADO 8083'1 COLORADO April 26, 1989 Roggen Disposal c/o Mike Cervi P.O. Box 169 Sterling, CO 80751 Subject: ZCR-36 Dear Mr. Cervi: Notice is hereby given that on Wednesday, May 24, 1989 at 9:00 a.m. , or as soon thereafter as the agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Section 81 of the Weld County Zoning Ordinance. This meeting will take place in the Commissioners' Hearing Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The purpose of this public hearing will be to review case number USR-481 for compliance with the Development Standards as approved by the Board of County Commissioners on May 26, 1982, to determine if probable cause exists to hold a hearing on revocation of USR-481. Inspection by representatives of this office have identified that you are not in compliance with Developments Standards 2, 9, 12, 14, 17. and 20 and approved minor changes of USR-481. If it is determined at the public hearing that there is probable cause that you are not in compliance with Development Standards, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Special Review permit. 89/5~3 • • Roggen Disposal april 26, 1989 Page 2 If you have any questions regarding this matter, please telephone. Respectfully, 4/1",ferce;ge" Keith A. Schuett Current Planner KAS:rjg pc Wes Potter, Environmental Health Lee Morrison, Assistant County Attorney enclosures 890523 • INSPECTION REPORT NAME: Roggen Disposal (Mike Cervi) LEGAL DESCRIPTION OF PROPERTY: Part of Section 33, T3N, and Section 4, T4N, all in R62W of the 6th P.M. , Weld County, Colorado DATE: April 17, 1989 CASE NUMBER: ZCH-36 The property was inspected to determine if it is in compliance with the approved Development Standards, Conditions of Approval, and approved minor changes. The inspection showed that the property is not in compliance with Development Standards 2, 9, 12, 14, 17, 20, and approved minor changes. - Development Standard 2 limits the special review permit area to one graveled accesses. At the time of inspection, a truck entered the facility from the I-70 Frontage Road. The approved access road is off of Weld County Road 75-1/2. - Development Standard 9 required that a measuring device is to be installed in all ponds. This measuring device has not been installed on both ponds. - Development Standard 12 required that the ponds are to be tested for integrity, life expectancy determined. A copy of this report is to be submitted to the Colorado Department of Health and the Department of Planning Services. This report has not been submitted as required. - Development Standard 14 indicates that adequate fencing is to be installed to control access to all ponds. Adequate fencing has not been installed. Cows have gained access to the pond areas. Tracks from cows were observed along the edge of the high water mark in the soft cover material. - Development Standard 17 required that all phases of the operation are to be in compliance with all County and State Health department Regulations. The February 22, 1989, letter from Wes Potter to Roggen Disposal indicated that the facility is not in compliance with the approved minor changes, the Colorado Solid Wastes Disposal Sites and Facilities Act Regulations, and the pond surfaces are covered with oil. - Development Standard 20 indicates that the owner and/or operator is responsible for complying with all Development Standards. All standards are not in compliance. 890523 Inspection Report April 17, 1989 Page 2 The minor changes approved in the letter dated June 24, 1988, to Alpha Engineering have not been constructed as approved. The approved plans called for 6 inch PVC pipe and a concrete pad that would not allow materials that were spilled onto it to enter the ground below. The pipes used are not PVC and joints in concrete pad do not appear to be sealed. -:Yi:frr/ae/'(?v.Cd:7,#""OL Current Planner _ ` . ` .�� • -. A. Iii ' 2. ' f •. � •. ♦: f w ry• .2-.t• --... ->" 4 r -\\`,A::, .. „..01:•/ ,4 • I .�' ,� :',_ ay . . —sal•- .. .. ._ ""IP'iiir.•.. I7' .. • I • 404. ti 'w - ..... -� � y tsrw-+., • 16 '`.' -t• ; 53J523 r V ` 1 • il i ( DEPARTMENT OF HEALTH Almillflot, 7576 HOSPITAL ROAD iv &7-- �Vh1\ GREELEY,COLORADO 8063) ADMINISTRATION (303)353-0586 HEALTH PROTECTION(303)353-0635 COMMUNITY HEALTH(303)353-0639 WI I g C COLORADO Certified I#P 814 973 866 Legal Action #89-016 February 22, 1989 Cervi Ranches Roggen Disposal c/o A.J. P.O. Box 169 Sterling, Colorado 80751 Dear A.J. : The facility owned by Mike Cervi located in Roggen, Colorado was inspected on February 14. 1989 by Lynn Robbio, Environmental Health Specialist of this department. The inspection revealed the following violations of the Solid Waste Disposal. Sites and Facilities Regulations for Surface Impoundments: 1. Non-compliance with approved design and operation. The pipe discharging into the ponds is steel. According to the approved design, the pipe material should be PVC. 2. The water surface of the pond is covered with oils. Please be advised that the operation of this site is in violation of the Colorado Solid Wastes Disposal Sites and Facilities Act Regulations. specifically Section 6.5 which states in part: 6.5 Waste impoundments shall be constructed according to detailed plans and using quality control measures specified in the facility engineering report to ensure attainment of design permeability and prevent mechanical or chemical degradation of liners during construction and active life. USEPA publication SW-879 (1983) is recommended for general construction guidelines. 6.6.5 All impoundments operated as evaporative treatment of disposal facilities shall be maintained as free as possible from oil or other surface scum. 8X3523 (40 A.J. Cervi Ranches Re: Roggen Disposal February 22, 1989 Page Two Please be advised that you have thirty (30) days from receipt of this letter to respond to the above cited items to bring the operation into compliance with the Regulations pertaining to "Solid Waste Disposal Sites and Facilities". Failure to respond and comply will result in appropriate legal action by this department. Sincerely, , GUA.v�C t.t.G ,cCd `vrru GE3` Wes Potter, Director Environmental Protection Services WP/dgc Enclosure cc: Randolph Gordon, M.D. , M.P.H. , Public Health Director Chuck Kozel, M.P.H. , Health Administrator Lee Morrison, Assistant County Attorney MAR 3 1 1989i.4 Wen to. Mont wumuua=imw • 890523 (. C SOLID WASTE FACILITY INSPECTION (Surface Impoundments) County VIA__ DACE � tl { Facility ( )� I Located in + Location • �� '�� l�� `'� 1lCH �QO): Incorporated Area Current Operator�F o m x Mailing Address of Operator Current Owner (If different) f)Jw 1( ,_ Mailing Address of Owner r WWWWWWa v. (All items checked must be explaind in supplemental report) I. A. Public Health and/or Environmental Hazards B. Evidence of Potential for (Serious) Surface Water Pollution C. Evidence of Potential for (Serious) Groundwater Pollution �^ D. Sludge or Septic Pumpingn Disposal on Site (Unauthorized) it E. Safety Hazards )C F. Non-Compliance with Approved Design and Operation C. Structural Integrity of Dikes Questionable H. Records _ I. Other * REMEDIAL ACTION REQUIRED II. Minimum Standards, CRS 30, 20-110 . A. Odors and/or Vectors Present _ B. Inadequate Fencing (to control access) C. Not Designated and/or Improperly Zoned __ D. Monitoring Wells (Maintenance, Intregrity, or Locking Cap not Present) _ E. Evidence of Minor Spills Around Disposal Area S F. Water/Liquid Surface Covered with oils) or scum C. Depth Gauges not Present and or Readible H. Pond Freeboard Level Exceeded. I. Recommendations for SiteImprovement J. Other III. Remarks ' • '3 A/Crt)S _ (Name) PRESENT AT INSPECTION • � (Representing) -artree Inspection Engineer/Geologist / (WHITE COPY-FILE) (YELL W COPY nvco.rno. I DEPARTMOC OF PLANNING SERVICES x, ',: PHONE(303)3564000 EXT.4400 975 70th STREET rill IT GREE4EY,COC.ORAO0 80831 i t `'.. ' k_ 1- r COLORADO June 24, 1988 Alpha Engineering Attention: Cecil R. Crowe, P.E. P.O. Box 392 Fort Lupton, CO 80621 Re: Renovation of USR-481 located in part of the W} Section 3, T2N, R62W and the Ei NE! of Section 4, T2N, R62W, of the 6th P.M. Dear Mr Crowe, The Department of Planning Services' staff has reviewed your request to renovate the Use by Special Review at the Roggen Oil Field Fluid Disposal Site. The renovation is to include the replacement of the three buried tanks and the three above ground tanks with a 100-barrel concrete tank, and four 400-barrel above ground steel tanks located on a concrete pad with a spilled liquid drain, and the cleaning of pond "A" with installation of a new three-foot thick clay liner. The Department of Planning Services' staff has determined that the above replacements would not be considered a material deviation from the approved Use by Special Review permit provided that that the following conditions are complied with: 1. Appropriate building permits are obtained. 2. A copy of the construction and operations plans approved by the Weld County Health Department shall be submitted to the Department of Planning Services prior to the start of construction. These plans shall provide a detailed description of work to be completed and all materials to be used. 3. A Colorado Registered Professional Engineer shall be retained to insure that the construction is completed as indicated on the approved construction and operations plan. During the time of construction, the engineer shall provide the Weld County Health Department with weekly progress reports. 4. The property is to remain in compliance with all development standards set forth in USR-481. All construction completed by September 23, 1988. 890523 • . I . . . ._ I Cecil Crowe • June 24, 1988 Page 2 • 5. Within 5 working days of the completion of construction, a copy of a report, completed by the Colorado Registered Professional Engineer, certifying that the construction and materials are in compliance with the approved construction and operations plan shall be submitted to the Department of Planning Services and the Weld County Health Department. If you have any questions, please call or write. Sincerely, K" eed a. h A. SchueL c Current Planner- - KAS:dn pc Mr. Mike Cervi P.Q. Box 169 Sterling, CO 80751 Wes Potter, Environmental Health ^3 ;23 RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR AN OIL FIELD FLUID DISPOSAL - MIKE CERVI 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 held a public hearing on the 26th day of May, 1982, at the hour of 2:00 o'clock p.m. in the Chambers of the Board for the purpose of hearing the application of Mike Cervi, P. O. Box 169 , Sterling , Colorado 80751, for .a Use by Special Review for an oil field fluid disposal site, on the following described real estate, to-wit: Part of Section 33 , Township 3 North, and Section 4, Township 2 North, Range 62 West of the 6th P. M. , Weld County, Colorado. WHEREAS, Section 24.4 .2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Plan- ning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, finds that: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4 .2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Comprehensive Plan in that policies of the plan promote Use by Special Review proposals in an Agricultural Zone District, so long as they do not create negative impacts on the environment or the County. The attached Development Standards will minimize impacts on surrounding uses and the area to the greatest extent possible and provide adequate protection of the health, safety and welfare of the inhabitants of the area and the County. b. The use is both compatible with existing agricultural activity and with land use which is contemplated to be agricultural in the Comprehensive Plan. The proposal will not utilize any land which is presently used for agricultural purposes. c. No overlay districts affect the site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- LHR2102 Page 2: MIKE CLRI sioners that the application for a Use by Special Review for an oil field fluid disposal site on the hereinabove tract of land be, and hereby is, granted subject to the following conditions: 1. The attached Standards for Use by Special Review be adopted. 2. The plat for the Use by Special Review be placed on record by the Department of Planning Services staff prior to any building permits being issued on the site. The plat shall be amended to show a second concrete dumping pit and future clay lined ponds. 3 . Disposal at the old site shall be terminated within forty-five (45) days of the final decision made by the County Commissioners. 4. At the end of operation at this facility the site must be closed in accordance with the Solid Waste Act and all pertinent Department rules and regulations. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of May, A.D. , 1982. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO j • golly) T. Martin, Chairman Ch Carlson, -Pro Tem )79y rwL. Norman Carlson . . Kirby n , K. Steinmark ATTEST: !J c.ci. County Clerk and Recorder and Clerk to the1/$o BY: ' Deputy Coun C erk APP OVED AS TO FORM: County Attorney • 89C L-73 .. I_) DATE PRESENTED: JUNE 2, 1982 • r • 1--- , I 1 -I ! i m- .� 4 0 u7 ap V J w C6 ,c) 0 0 t. 1 ; ,-Is ti C a U W H G .„ -Cr 4 � W X O w s P WVFi i. + X ' o _ S96t ounr 'wet wo j Sd - \ § 1 $ . 1 . OO0 111 4 , � . ix_ v i,„),_21.1 „ „ w itte 1 we 04 1 a i a C es i\l:::E1 i 8 0 ... 1s Woz •� w"•X o x r: 2 390323 RESOLUTION RE: APPROVE APPOINTMENTS AND REAPPOINTMENT TO COMMUNITY CORRECTIONS ADVISORY 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, vacancies currently exist on the Community Corrections Advisory Board, and WHEREAS, it has been recommended that Richard Kuhn be appointed to a citizen' s position on said Board , effective immediately, with his term to expire August 1 , 1991 , and WHEREAS , it has been recommended that Keith McIntyre be reappointed to said Board, with his term to expire August 1, 1992, and WHEREAS, as of August 1 , 1989 , a vacancy will exist on said Board , and WHEREAS, it has been recommended that Carolyn Mettler be appointed to a citizen 's position on said Board, effective August 1, 1989, with her term to expire August 1 , 1992, and WHEREAS, the Board desires to appoint Richard Kuhn and Carolyn Mettler to the Community Corrections Advisory Board, and WHEREAS , the Board desires to reappoint Keith McIntyre to said Board . NOW, TREPFFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Richard Kuhn be, and hereby is , appointed to serve on the Community Corrections Advisory Board, effective immediately, with his term to expire August 1 , 1991 . BE IT FURTHER RESOLVED by the Board that Carolyn Mettler be, and hereby is , appointed to serve on said Board, effective August 1 , 1959, with her term to expire August 1, 1992 . BE IT FURTHER RESOLVED by the Board that Keith McIntyre be, and hereby is, reappointed to said Board, with his term to expire August 1 , 1992 . 890513 Page 2 RE: COMMUNITY CORRECTIONS ADVISORY BOARD The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 26th day of June, A.D. , 1989 . vZ BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.W. Kir y, Ch irman 1 -- / •.. a. \. .. aa��., A3y: + , [ pia J: el a ..o • •on, 'ro-Tem Deputy County erk APPROVED AS TO FORM: -e ,e R. Bran ner ' 74_0 George rye County Attorney _ C.axdk5 d1. a ^"j' 890513 Please add the following appointments/reappointment to the Board's Monday, June 26, 1989, agenda: Community Corrections Board Effective immediately, Richard Kuhn will replace Thomas Gonzales in a citizen's position. His term will expire August 1, 1991. Effective August 1 , Carolyn Mettler will replace Virginia Kinnick in a citizen's position. Her term will expire August 1 , 1992. Keith McIntyre will be reappointed in the defense attorney's position. Pis term will expire August 1, 1992. 690513 RESOLUTION RE: APPROVE APPOINTMENTS AND REAPPOINTMENT TO WELD COUNTY HEALTH ADVISORY 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, vacancies currently exist on the Weld County Health Advisory Board, and WHEREAS, it has been recommended that Ernestine Koenig be appointed to represent District 1 , and Jeffrey McClure be appointed to represent District 6, on said Board, with their terms to expire May 23 , 1992, and WHEREAS, it has been recommended that Jon Erickson, representing District 2 , be reappointed to said Board, with his term to expire May 23 , 1992 , and WHEREAS, the Board deems it advisable to appoint Ernestine Koenig and Jeffrey McClure to the Weld County Health Advisory Board, with their terms to expire May 23, 1992, and WHEREAS, the Board deems it advisable to reappoint Jon Erickson to said Board, with his term to expire May 23, 1992. NOW, THEREFORE, PE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Ernestine Koenig and Jeffrey McClure be, and hereby are, appointed to the Weld County Health Advisory Board, with their terms to expire May 23, 1992. RE IT FURTHER RESOLVED by the Board that Jon Erickson be, and hereby is, reappointed to said Board, with his term to expire May 23, 1992. 890514 Page 2 RE: HEALTH ADVISORY BOARD The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of June , A.D. , 1989. j1 'jP-«(/ldd :1) BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.WcI by, C irman By e e Jo son, Pro-Tem Deputy County erk N APP OVED AS TO FORM: ,ene R. Br tner George nn_ y ounty Attorney Go a E. 890514 Please add the following appointments/reappointment to the Board's Monday, July 26, 1989, agenda: Public Health Board Ernestine Koenig will replace Dale Benson (District 1) . Her term will expire May 23, 1992. Jeffrey McClure will replace Lois Smee (District 6) . His term will expire May 23, 1992. Jon Erickson will be reappointed to represent District 2. His term will expire May 23, 1992. I I asio5t4 I RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CERTAIN PARTIES FOR VIOLATIONS OF THE WELD COUNTY BUILDING CODE 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, the Weld County Department of Planning Services has referred certain violations of the Weld County Building Code Ordinance to the County Attorney's Office, and WHEREAS , those persons in violation of the Weld County Building Code Ordinance are Basin Exploration and Tim Dietrich, and WHEREAS, despite efforts by the Planning staff to resolve said matters, the violations have not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against those individuals as hereinabove named to correct said violations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is , authorized to proceed with legal action against Basin Exploration and Tim Dietrich to remedy the violations of the Weld County Building Code Ordinance, and any other persons occupying the properties , any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. 390515 1 Page 2 RE: BUILDING CODE VIOLAT?ONS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of June, A.D. , 1989.172770BOARD OF COUNTY COMMISSIONERS ATTEST: T� WETID COUNTY, COLORADO Weld County Clerk and Recorder e and Clerk to the Board C.W. Kirby, C airman;tniatiBY: L� o e ne o ns `Pro-Tem eputy County 'erk 17 APPROVED AS TO FORM: •ene R. Brant e r eorge K County Attorney co , 7:29: 890515 MEMORAnDum WIICTo Board of County Commissioners Dote June 22, 1989 COLORADO From Department of Planning Services Subject: Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Building Code Ordinance. Building Code Ordinance Violations: BCV-1143 Tim Dietrich 44120 Weld County Road 33 Pierce, CO 30650 The Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. 630515 iscr(L- 1MEMORAnDUM WIiDc. To Board of County Commissioners Dais June 20, 1989 COLORADO From Department of Planning Services Subject: Legal Action Authorization -he Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County building Code Ordinance. Building Code Ordinance Violations: BCV-1130 Basin Exploration :55 East Boardwalk Drive Suite 300 Ft. Collins, CO 80525 The Department of Planning also recommetds that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. 890515 RESOLUTION RE: APPROVE APPOINTMENTS TO WELD COUNTY RETIREMENT 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, a vacancy currently exists on the Weld County Retirement Board, and WHEREAS, through employee elections, it has been recommended that Dan Cooch, of the Sheriff's Office, be appointed to serve on said Board to fill the unexpired term of Mel Leedom, with his term to expire July 31 , 1991, and WHEREAS, as of August 1 , 1989, a vacancy will exist on said Board, and WHEREAS, through employee elections, it has been recommended that Mike Miller, of the Sheriff's Office, be appointed to serve on said Board, with his term to be from August 1, 1909, through July 31 , 1993 , and WHEREAS, the Board desires to appoint Mike Miller and Dan Cooch to the Weld County Retirement Board . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Mike Miller be, and hereby is, appointed to said Board, with his term to be from August 1 , 1989, through July 31 , 1993. BE IT FURTHER RESOLVED by the Board that Dan Cooch be, and hereby is appointed to the Weld County Retirement Board, with his term to expire July 31 , 1991 . 890516 ) -- Page 2 RE: RETIREMENT BOARD APPOINTMENTS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of June , A .D. , 1989 . ,,1 ' BOARD OF COUNTY COMMISSIONERS ATTEST: I� WELD COUNTY, COLORADO Weld County C erk and Recorder 'I and Clerk to the Board C.W. it y, C zrman RY per, �1 , ac e J h son, ro-Tem puty County erk Fr APPRO O AS TO FORM! ene R. Bran ner i 0 ,6X- - ,eorge K nned . . County Attorney Gorit ��ts 890516 To : Tommie Antuna, Clerk to the Boar From: Patti May, Personnel Technician \ cck Re , Retirement Board Election Results Tommie, The results from the retirement board elections have been tabulated and the results are as follows; Mike Miller, Sheriff's Office, was elected to the full four year term effective July 31, 1989. Term will expire July 31, 1993. Dan Cooch, Sheriff's Office, was elected to fill the partial term vacated by Mel Leedom expiring July 31, 1991, effective immediately. You may proceed with your resolutions and other steps necessary to get these two gentlemen established on the Retirement Board. 4 A\ , 890516 RESOLUTION RE: REGULATING, WARNING AND GUIDING TRAFFIC DURING THE TEMPORARY CLOSURE OF WELD COUNTY ROAD 19 BETWEEN WELD COUNTY ROADS 44 A?TD 46 FOR AN INDEFINITE PERIOD OF TIME FOR ROAD CONSTRUCTION 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, pursuant to Section 4 -4-410 (6) (a) , CRS: " . . .local authorities, with their respective jurisdiction, may for the purpose of road construction and maintenance, temporarily close to through traffic or to all vehicular traffic any highway or portion thereof for a period not to exceed a specified number of work days for project completion and shall, in conjunction with any such road closure establish appropriate detours or, provide for an alternative routing of the traffic affected. . . " , and WHEREAS, the Board, pursuant to said statute and upon the basis of traffic and personal investigations, has determined that conditions exist which make it necessary to temporarily close to through traffic and to regulate, warn and guide vehicular traffic on said County roads by posting signs thereon. NOW, THEREFORE, RE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, deems it necessary to regulate, warn and guide vehicular traffic on County roads and any intersections thereof, and it hereby authorizes and orders the posting of such traffic control devices as shall be reasonably necessary to regulate, warn and/or guide traffic thereon for the safety of the general public and that said traffic control devices shall conform to the Federal Manual on Uniform Traffic Control Devices. RE IT FURTHER RESOLVED that the Board of County Commissioners of Weld County, Colorado, does declare and establish that Weld County Road 19 between Weld County Roads 44 and 46 be temporarily closed, with said closure being effective June 20, 1989, during the days only, for an indefinite period of time, and further, that standard official traffic control devices shall be erected at said closure giving notice of the restrictions. 890525 Page 2 RE: TEMPORARY CLOSURE - WCR 19 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of June , A.D. , 1989 , nunc pro tunc June 20, 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: P WELD COUNTY, ,COLORADO Weld County Jerk and Recorder and Clerk to the Board o C.W. Kirby, Ch irman BY. i�y�,�,� �Iler Za Johy son, Pro-Tem Deputy County\..APP OVED AS TO FORM: ra .,/ -->,,i___, eorge K nn 1y County Attorney Gor • 890525 I mEmORAI1DUm ��r��• Clerk to the Board DenJune 20, 1989 To George Goodell, Director of Road and Bridge COLORADO From Road Closure Subject. The following road was closed June 20, 1989. It will be closed during the day only for road construction and will be open at night. It will be closed for several days. Please place this on the Board's next agenda: WCR 19 between WCR 44 & WCR 46 GG/mw:frc xc: Commissioner Lacy Weld County Dispatch Weld County Sheriff's Office WCR 19 WCR 44 WCR 46 890525 7��Mt— a I ;-.-�rr•�_ Rood C(oS� n� ;� Ahead -- Y a - t., 14% •.... = : De-fov 1 0 3 N !_ • COCA y6 �rti - `= T re ' bQr(iC 42. - - Y. WI 11/4111•1- 9/aShe� = S ,end 2;rAT jN,9c,4-- • iy C�` - l�p . .. ..,.;;;;••;:•••••...- • . ti H 4wc•g c/V • - _ :t _' 0 .-a--• A4Ov it 7t. S0 ` elesed — 4 CCoJed 0uprnrfA-1- ( 624%4) co e_ ic S dIke 0 frrAr eli s in :._ ."=`'" .TITLE Road Clasp wee /f c"4 wce qy V wce 4' _ - c • . San' EY _ Off, !J DRAWN BY art- OAT£ Z/ t ;.:oc � CHECKED 8 DATE �� r- = --`� - COUNTY ROAD N_, r - •: w.. . �!ti, __� APPROVED BY COUNTY EN:GIN::ER • _ 1 WELD COUNTY DEPART►✓,=nr CI= ENG -rERINr 1 1 --- rOzu ,a 690525 2/ ' C. RESOLUTION PE: WELD COUNTY DEPARTMENT OF SOCIAL SERVICES IMPREST FUND 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 August 4 , 1976 , a Resolution establishing an Imprest Fund for the Department of Social Services was approved by the Hoard of County Commissioners, with said Resolution naming certain persons who were authorized to sign the checks drawn on this fund, and WHEREAS, the Board has now received a request to modify said Resolution, and WHEREAS, the requested modifications are as follows- 1 . That the use of the Four Thousand Dollars ($4,000.00) in the Imprest Fund is for the purpose of adjusting overpayments and making advance payroll payments to public assistance recipients. 2 . Each check from the Imprest Fund shall require two counter signatures of authorized personnel, said authorization being from the Director of the Department of Social Services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Resolution concerning the Imprest Fund of the Department of Social Services, be, and hereby is, modified as hereinabove stated. 890531 Page 2 RE: IMPREST FUND - DEPARTMENT OF SOCIAL SERVICFS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of June, A.D. , 1989 . �y,I BOARD OF COUNTY COMMISSIONERS ATTEST: ((ht ✓ ‘NetiJ WELD COUNTY, COLORADO Weld County .perk and Recorder , ', and Clerk to the Board C.V. Kirby, C irman I 1 Sneoèriro-Tem (-JBY: J eputy County - rk APPP 7ED AS TO FORM: ene R. Bran ner ,-----„24,-----7,,a2....., George ena le County Attorney tGordti L 890531 d at'i' mEmoRAnDum V I ' to Don Warden, Director __ Date June 2, 1989 Finance and Administration COLORADO p„mGeae McKenna, Director, Social Services Subject WCDSS Imprest Fund Don, Please find attached a proposed resolution for which we are seeking your review and approval. It brings the old resolution which authorized the Department Imprest Fund up-to-date, limits the revised use for the Imprest Fund to the adjustment of overpayments and the issuance of some advance payments to Public Assistance recipients. Please give me or Tony a call should you have any questions. If it meets your approval, we request that you get it set for County Commissioner approval through resolution. Thanks for your help. GM:jac y rJ cc: Tony Groeger `� , , Enclosure 1 ��. i�nk� ...\ \ , nl Mi ;11 \Ji II � 1 ��I ' l� rug I ,........"--- 0‘, , '1 Lv� J \ \ J 690551 RESOLUTION REi WELD CCUNTV DEPARTMENT OF SOCIAL SERVICES IMPREST FUND. WHEREAS, in the opinion of the Department of Social Services of Weld comity, Colorado, the USP of an Imprest Fund of the Su,: of Four Thousand Dollars (a4 , 0 . 00)U!1) s necessary for the purpose of ad;esting overpayments and making adve;;ce payroll_ payments to recipients. WHEREAS, the of the Department Social Weld OiHE5EA..,, ;n opinion Depar ? � ofServices of County, Colorado, two counter signatures should appear on each check from stiff ",embers of the Department of Social S,erv:cea, authorized by the Director, NOW, THEREFORE, SE IT RESOLVED, that the Department of Social Services of Weld Ccunty, Colorado, is directed to use an Irprest Fund in the Form of check ng account with a balance wq not to exceed Four Thousand Dollars (3P, 000. 0(, , which +LLC = Z: 1 be used solely for tha purpose of ad;ustiog cverpay,r,ents and making advance payments to recipients, with each check requiring two counter signatures of staff authorized by the Director of Social Services, 890531 RESOLUTION RE: APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT WITH STATE DEPARTMENT OF LOCAL, AFFAIRS 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 Community Development Block Grant Contract with the State Department of Local Affairs , and WHEREAS, the terms and conditions of said Contract are as stated in the Contract, 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 Contract. NOW, THEREFORE, PE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Community Development Block Grant Contract with the State Department of Local Affairs he, and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of June, A.D. , 1989 . �J1 BOARD OF COUNTY COMMISSIONERS ATTEST: ^" WELD COUNTY, COLORADO Weld County lerk and Recorder and Clerk to the Board C. . ix y, C airman 'ne J hpson, Pro-Tem Deputy County ler APPROVED AS TO FORM: ,ene R. Bra ner c9, George Aenn y County Attorney Gor L 890530 STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS 0e'co OFFICE OF THE EXECUTIVE DIRECTOR ''J '�(Jllz" ti� O c a g 1313 Sherman Street,Rm,518 •r 5^.; Denver,Colorado 80203 'A' ♦r 76r Phone(303) 866.2771 MEMORANDUM Roy Romer Governor Timothy W.Schultz Executive Director - TO: Jim Sheehan FROM: Bill Verbeten - DATE: June 13, 1989 SUBJ: COBS 89-621 - Weld County Enclosed you will find four copies of the Community Development Block Grant contract. If the contract is satisfactory, please have the Chairman of the Board sign all four copies on page 12 of 12. Please specify position and the applicable federal identification number and have the documents properly attested. Please return all four signed and properly attested - copies to me as soon as possible at the following address: Department of Local Affairs Attn: Lee Harvey 1313 Sherman Street, Room 520 Denver, Colorado 80203 If you have questions, please call me at 866-2205. Enclosures -- c$9C534 't&PARTMENI UHA(a-EN(,Y NUMBER Form 6-AC-021(R 5/85) CDBG 89-621 CONTRACT ROUTING NUMBER CONTRACT -- THIS CONTRACT, made this day of September 1989 by and between the State of Colorado for the use and benefit of the Department of Local Affairs. 1313jherman Street.Denver.Colorado 80203 hereinafter referred to as the State and Weld County Board of Commissioners. 915 10th Street. Greellev.Colorado 80633, hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number G/L Account Number Contract Encumbrance Number ; and WHEREAS,required approval,clearance and coordination has-been accomplished from and with appropriate agencies: and WHEREAS, the United States Government. through the Housing and Community Development Act of 1974 ("the Act"), Pub. L No. 93-383, as amended, has established a Community Development Block Grant ("CDBG') program and has allowed each state to elect to administer such federal funds for its nonentitlement areas, subject to certain conditions. including a requirement that the state's program give maximum feasible priority to activities which will benefit low-and moderate-income families or aid in the prevention or elimination of slums or blight; the state's program may also include activities designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. Additionally, the state's program is subject to a federal requirement that not less than sixty percent (60%) of the aggregate amount of CDBG funds received by the state shall be used for the support of activities that benefit persons of low- and moderate-income; and WHEREAS, the State of Colorado has elected to administer such federal funds for its nonentitlement areas through the Colorado Department of Local Affairs ("Department"). Division of Local Government, Division of Commerce and Development and Division of Housing, pursuant to C.R,S. 1973, 24-32-106(1) (d), 24-32-304(2) (j) and 24-32-705(1) (i); and WHEREAS,the Department has received applications from political subdivisions in Colorado for allocations from the federal CDBG funds available to Colorado; and WHEREAS, the Contractor is one of the eligible political subdivisions to receive CDBG funds; and WHEREAS, the Department has approved the proposed Project of the Contractor; NOW THEREFORE it is hereby agreed that: 1. Scope of Services. In consideration for the monies to be received from the State,the Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as indicated in the "Scope of Service; set forth in Exhibit A, which is attached hereto and is incorporated herein by reference,and is hereinafter referred to as the"Project' Work performed prior to the execution of this Contract shall not be considered part of this Project 2. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of Jim Sheehan , an employee or agent of Contractor, who is hereby designated as the administrator-in-charge of this Project. At any time the administrator-in-charge is not assigned to this Project. all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator-in-charge and the State receives notification of such replacement assignment. 3. Time of Performaneq. This Contract shall become effective upon proper execution of this Contract. The Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall Page 1 of 12 Pages 890530 be undertaken and performed in the sequence set forth in the attached Scope of Services. The Contractor agrees that time is of the essence in the performance of its obligations under this Contract, and that completion of the Project shall occur no later than the termination date set forth in the Scope of Services. 4. Elicibitiity and National Obigctives. All project activities shall be eligible under Section 105 of the Act, as amended, and all related regulations and requirements. Furthermore, project activities shall meet the following indicated (with an "X") broad national objective(s), as set forth in Section 104(b)(3) of the Act, as amended, and all related regulations and requirements: X Benefit persons of low and moderate income; Prevent or eliminate slums or blight; _ Meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. 5. Oblipatlon. Expenditure and Disbursement of Funds. a) Prior Expenses. Expenses incurred by the Contractor in association with said Project prior to execution of this Contract are not eligible COBS expenditures and shall not be reimbursed by the State. b) Environmental Review Procedures, Funds shall not be obligated or utilized for any activities requiring a release of funds by the State under the Environmental Review Procedures for the CDBG program at 24 CFR Part 58 until such release is issued in writing. Administrative costs, reasonable engineering and design costs,and costs of other exempt activities identified In 24 CFA 58.34(a)(1)through (8)do not require a release of funds by the State. For categorically excluded activities listed in 58.35(a)determined to be exempt because there are no circumstances which require compliance with any other Federal laws and authorities cited at 58.5, the Contractor must make and document such a determination of exemption prior to incurring costs for such activities. c) Community Development Plan Requirement. Prior to receiving disbursements of CDBG funds from the State,she Contractor shall identify its community development and housing needs, including the needs of low-and moderate-income persons, and the activities to be undertaken to meet such needs. 6. Definition of Low-and Moderate-Income Persons. Low-income and moderate-income persons are defined, for the purposes of this contract,as those persons who are members of low-income and moderate-income families as set forth in the Exhibit B, which is attached hereto and in incorporated herein by reference, or as subsequently promulgated in writing by the State. 7. Citizen Participation, The Contractor shall provide citizens with reasonable notice of. and opportunity to comment on, any substantial change proposed to be made in the use of COBS funds from one eligible activity to another by following the same citizen participation procedures required for the preparation and submission of its CDBG application to the State. The Contractor shall also comply with the procedure set forth herein regarding the modification and amendment of this Contract, Additionally,the Contractor shall have and follow a Citizen Participation Plan which includes the six elements specified in Section 104(a)(3)the Act, The Citizen Participation Plan must include a provision for at least one public hearing during the course of the Project to allow citizens to review and comment on the Contractor's performance In carrying out the Project. 8. Residential Antidisplacement and Relocation Assistance,Plan. The Contractor shall follow a residential antidisplacement and relocation assistance plan which, should displacement occur, provide that: a) governmental agencies or private developers shall provide within the same community comparable replacement dwellings for the same number of occupants as could have been housed in the occupied and vacant occupiable low and moderate income dwelling units demolished or converted to a use other than for housing for low and moderate income persons, and provide that such replacement housing may include existing housing assisted with project based assistance provided under Section 8 of the United States Housing Act of 1939: Page 2 of 12 Pages 890530 • b) such comparable replacement dwellings shall be designed to remain affordable to persons of low and moderate income for ten (10) years from the time of initial occupancy: c) relocation benefits shall be provided for all low or moderate Income persons who occupied housing demolished or converted tea use other than for low or moderate income housing,including reimbursement for actual and reasonable moving expenses. security deposits, credit checks, and other moving-related expenses, including any interim living costs; and, in the Case of displaced persons of low and moderate income, provide either: i) compensation sufficient to ensure that,for a 5-year period,the displaced families shall not bear, after relocation, a ratio of shelter costs to income that exceeds 30 percent; or ii) if elected by a family,a lump-sum payment equal to the capitalized value of the benefits available under subclause(i)to permit the household to secure participation in a housing cooperative or mutual housing association; d) Persons displaced shall be relocated into comparable replacement housing that is: I) decent, safe, and sanitary: ii) adequate in size to accommodate the occupants; iii) functional equivalent; and. iv) in an area not subject to unreasonably adverse environmental conditions. Persons displaced shall have the right to elect, as an alternative to the benefits under this paragraph to receive benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, if such persons determine that it is in their best interest to do so; and, where a claim for assistance under subparagraph(d) is denied by the Contractor,the claimant may appeal to the State,and that the decision of the State shall be final unless a court determines the decision was arbitrary and capricious. The Contractor shall follow the Residential Antidisplacement and Relocation Assistance Plan except that paragraphs a) and b) shall not apply in art case in which the Secretary of the U.S. Department of Housing and Urban Development finds, on the basis of objective data,that there is available in the area an adequate supply of habitable affordable housing for low and moderate income persons. A determination under this paragraph is final and nonreviewable. 9. Affirmatively Furthering_Fair Housing. The Contractor shall affirmatively further fair housing in addition to conducting and administering its Project in conformity with the equal opportunity requirements of Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968, as required herein. • 10. Recovery of Capital Costs of Public Improvements. The Contractor shall not attempt to recover any capital costs of public improvements assisted in whole or part with CDBG funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless; a) CDBG funds are used to pay the proportion of such fee or assessment that relates to the capital costs of Such public improvements that are financed from revenue sources other than the CDBG program, or b) for the purposes of assessing any amount against properties owned and occupied by persons of moderate income who are not persons of low income, it certifies that it lacks sufficient CDBG funds to comply with the requirements of subparagraph (a) hereinabove. 11. Compensation and Method of Payment. The State agrees to pay to the Contractor, in consideration for the work and services to be performed, a total amount not to exceed Two Hundred Thousand and No/100 Dollars 15200.000), The method and time of payment shall be made in accordance with the Payment Method' set forth herein, Page 3 of 12 Pages 890530 I 12. Financial Management. At an times from the effective date of this Contract until completion of this Contract, the Contractor shall comply with the administrative requirements, cost principles and other requirements set forth In the Financial 1anagement section of the CDBG Grantee Handbook, hereinafter referred to as the 'Financial Management Requirements'. 13. Payment Method. Unless otherwise provided in the Scope of Services: a) the Contractor shall periodically initiate all drawdown requests by submitting to the Department a written request using the State-provided form, for reimbursement of actual and proper expenditures of State CDBG funds plus an estimation of funds needed for a reasonable length of time. b) The State may withhold any payment if the Contractor has failed to comply with the Financial Management Requirements, program objectives, contractual terms, or reporting requirements. c) The State will withhold payment of the final five (5) percent of the total contract amount until the Contractor has submitted and the Department has accepted all required quarterly Financial Status Report and Performance Report information. 14. Audit, a) Discretionary Audit. The State, through the Executive Director of the Department, the State Auditor, or any of their duly authorized representatives, including an independent Certified Public Accountant of the State's choosing, or the federal government or any of its properly delegated or authorized representatives shall have the right to inspect,examine,and audit the Contractor's(and any sub-contractor's) records,books,accounts and other relevant documents. Such discretionary audit may be requested at any time and for any reason from the effective date of this Contract until five (5) years after the date final payment for this Project is received by the Contractor, provided that the audit is performed during normal business hours. b) Mandatory Audit. Whether or not the State calls for a discretionary audit as provided above, the Contractor shall include the Project in an annual audit report as required by the Colorado Local Government Audit Law; C.R.S. 1973, 29-1-601, et see and the Single Audit Act of 1984, Pub. L 98-502, and federal and State implementing rules and regulations. Such audit reports shall be simultaneously submitted to the Department and the State Auditor. Thereafter, the Contractor shall supply the Department with copies of all correspondence from the State Auditor related to the relevant audit report. If the audit reveals evidence of non-compliance with applicable requirements, the Department reserves the right to institute compliance or other appropriate proceedings notwithstanding any other judicial or administrative actions filed pursuant to C.R.S. 1973, 29.1-607 or 29-1-608. 15. Contractor, An Independent Contractor. Contractor shall be an independent contractor and shall have no authorization, express or implied, to bind the State to any agreements, settlements, liability or understanding except as expressly set forth herein. 16. Personnel. The Contractor respresents that it has, or will secure at its own expense, unless otherwise stated In the Scope of Services, all personnel, as employees of the Contractor, necessary to perform the work and services required to be performed by the Contractor under this Contract. Such personnel may not be employees of or have any contractual relationship with the State. All of the services required hereunder will be performed by the Contractor or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. 17, Contract Sujognsion. If the Contractor fails to comply with any contractual provision,the State may,after notice to the Contractor, suspend the contract and withhold further payments or prohibit the Contractor from incurring additional obligations of contractual funds, pending corrective action by the Contractor or a decision to terminate in accordance with provisions herein. The State may determine to allow such necessary and proper costs which the Contractor could not reasonably avoid during the period of suspension provided such costs were necessary and reasonable for the conduct of the project. 18. Contract Termination. This contract may be terminated as follows: a) Termination Due to Lojs of Funding. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with federal CDBG funds provided to the State for the purpose of contracting for the services provided for herein or with program income, and therefore. the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are Page 4 of 12 Pages 890530 contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may Immediately terminate or amend this Contract. b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this Contract,or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract,the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents. data, studies, surveys,drawings,maps, models, photographs,and reports or other material prepared by the Contractor under this Contract shall, at the option of the State. become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor is determined. c) Termination for Convenience. The State may terminate this Contract at any time the State determines that the purposes of the distribution of State CDBG monies under the Contract would no longer be served by completion of the Project. The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination, In that event, all finished or unfinished documents and other materials as described in subparagraph b above shall,at the option of the State, become its property. If the Contract is terminated by the State as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made; Provided, however, that if less than sixty percent(60%) of the services covered by this Contract have been performed upon the effective date of such termination,the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) Incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 18b hereof relative to termination shall apply. 19, Modification and Amendment. a) Modiflq ti9n by Operation of Law. This Contract is subject to such modifications as may be required by changes in federal or state law or regulations. Any such required modification shall be incorporated into and be part of this Contract as if fully set forth herein. b) Programmatic or$udZgetary Modifications. Contractor shall follow the revision procedures set forth in the Financial Management Requirements if programmatic or budgetary modifications are desired: i) The contractor must submit a written request to the Department and obtain prior written approval — from the Department under the following circumstances: a. unless otherwise specified in the Scope of Services,when cumulative budgetary changes exceed five (5) percent of the total contract amount or Five Thousand Dollars ($5,000), whichever is less; when any budget transfers to or between administration budgetary categories are proposed: - g. when the scope, objective or completion date of the Project changes: I. when additional or less State funding is needed; 9. when revisions Involve the transfer of amounts budgeted for indirect costs to absorb increases in direct costs; and f. when revisions pertain to the addition of items requiring approval in accordance with the provisions of the subsection of the Financial Management Requirements entitled 'Cost Principles,' Page 5 of 12 Pages 890530 • ii) Under the following circumstances and in addition to the foregoing procedure, prior approval for changes must be authorized by the State In an amendment to this contract property executed and approved in accordance with applicable law: a. when cumulative budgetary changes exceed ten(10)percent of the total contract amount or Twenty Thousand Dollars (S20,000), whichever is greater; ¢. when the scope, objective or completion date of the Project changes substantially, as determined by the Department; and g. when any additional State funding is needed. Under such circumstances,the Department's approval is not binding until memorialized in the contract amendment. c) Other Modifications. If either the State or the Contractor desires to modify the terms of this Contract other than as set forth in subparagraphs a and b above,written notice of the proposed modification shall be given to the other party. No such modification shall take effect unless agreed to in writing by both parties in an amendment to this Contract properly executed and approved in accordance with applicable law. 20. tntegration. This Contract, as written, with attachments and references. is intended as the complete integration of all understanding between the parties at this time and no prior or contemporaneous addition. deletion or amendment hereto shall have any force or effect whatsoever, unless embodied in a written authorization or contract amendment incorporating such changes, executed and approved pursuant to applicable law. 21. Reports. a) Financial Reports. The Contractor shall submit to the Department three (3) copies of quarterly financial status reports in the manner and method set forth in the Financial Management Requirements. b) Performance Reports. The Contractor shall submit to the Department three (3) copies of quarterly performance reports and of a project completion report in a manner and method prescribed by the Department. 22. conflict of Interest, a) In the Case of Procurement. In the procurement of supplies,equipment. construction and services by the Contractor and its subcontractors, no employee, officer or agent of the Contractor or its subcontractors shall participate in the selection or in the award or administration of a contract if a conflict of Interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer or agent;any member of his immediate family; his partner; or an organization which employs, or is about to employ, any of the above, has a financial or other interest in the party or firm selected for award. Officers, employees or agents of the Contractor and its subcontractors shall neither solicit nor accept gratuities, favors or anything of monetary value from parties or potential parties to contracts. Unsolicited items provided as gifts are not prohibited if the intrinsic value of such items is nominal. b) In all Cases Other Than Procurement. In all cases other than procurement (including the provision of housing rehabilitation assistance to individuals, the provision of assistance to businesses, and the acquisition and disposition of real property), no persons described in subparagraph i) below who exercise or have exercised any functions or responsibilities with respect to CDBG activities or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. i) Persons Covered. The conflict of Interest provisions of this paragraph b) apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Contractor or of any designated public agencies or subcontractors receiving CDBG funds. Page 6 of 12 Pages 890530 II) Threshold Recuirements for Exceptions. Upon the written request of the Contractor,the State may grant an exception to the provisions of this subparagraph b)when it determines that such an exception will serve to further the purposes of the CDBG program and the effective and efficient administration of the Contractor's Project. An exception may be considered only after the Contractor has provided the following: g. A disclosure of the nature of the conflict, accompanied by an assurance that: j. there has been or will be a public disclosure of the conflict and a description of how the public disclosure was or will be made: and ii. the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific CDBG assisted activity in question; and b. An opinion of the Contractor's attorney that the interest for which the exception is sought would not violate State or local law; and g. A written statement signed by the chief elected official of the Contractor holding the State harmless from all liability in connection with any exception which may be granted by the State to the provisions of this subparagraph b): iii) Factors to be Considered for Exceptions. In determining whether to grant a requested exception after the Contractor has satisfactorily met the requirements of subparagraph ii)above,the State shall consider the cumulative effect of the following factors, where applicable: g. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the Project which would otherwise not be available; b. Whether an opportunity was provided for open competitive bidding or negotiation; q. Whether the person affected is a member of a group or class of low or moderate income persons intended to be beneficiaries of the CDBG assisted activity,and the exception will permit such person to receive generally the same benefits as are being made available or provided to the group or class; d. Whether the interest or benefit was present before the affected person was in a position as described in this subparagraph b); g. Whether undue hardship will result either to the Contractor or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and f. Any other relevant considerations. 23. Compliance with Applicable Laws. At all times during the performance of this Contract, the Contractor and any subcontractors shall strictly adhere to all applicable federal and State laws, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. The applicable federal laws and regulations include: a) National Environmental Policy Apt of 1969 (42 USC 4321 et seq.), as amended, and the implementing regulations of HUD (24 CFR Part 58) and of the Council on Environmental Quality (40 CFR Parts 1500 - 1508) providing for establishment of national policy, goals, and procedures for protecting, restoring and enhancing environmental quality. b) National Historic Preservation At of 196§ (16 USC 470 et seq.). as amended, requiring consideration of ' the effect of a project on any district, site, building, structure or object that is included In or eligible for inclusion in the National Register of Historic Places. 890530 Page 7 of 12 Pages c) Executive Order 11593. Protection and Enhancement of the Cultural Environment. May 13, 1971 (36 FR 8921 et seq.) requiring that federally-funded projects contribute to the preservation and enhancement of sites. structures and objects of historical, architectural or archaeological significance. d) The Archaeological and Historical Data Presentation Act of 1974, amending the Reservoir Salvage Act of 1960 (16 USC 469 et seq.), providing for the preservation of historic and archaeological data that would be lost due to federally-funded development and construction activities. e) Executive Order 11988_Floodolain Management,May 24, 1977(42 FR 26951 et seq.)prohibits undertaking certain activities In flood plains unless it has been determined that there is no practical alternative, in which case notice of the action must be provided and the action must be designed or modified to minimize potential damage. f) Executive Qrder 11990. Protection of Wetlands, May 24, 1977 (42 FR 26961 et seq.) requiring review of all actions proposed to be located in or appreciably affecting a wetland. Undertaking or assisting new construction located in wetlands must be avoided unless It is determined that there is no practical alternative to such construction and that the proposed action includes all practical measures to minimize potential damage. g) Safe Drinking Water Act of 1974 (42 USC 201, 300 f et"seq., 7401 et seq.), as amended, prohibiting the commitment of federal financial assistance for any project which the Environmental Protection Agency determines may contaminate an aquifer which is the sole or principal drinking water source for an area. h) The Endanoered Suedes Act of 1973 (16 USC 1531 et seq.), as amended, requiring that actions authorized, funded, or carried out by the federal government do not jeopardize the continued existence of endangered and threatened species or result in the destruction or modification of the habitat of such species which is determined by the Department of the Interior, after consultation with the State, to be critical. i) The Wild and Scenic RiverttActof 1968(16 USC 1271 et seq.),as amended, prohibiting federal assistance in the construction of any water resources project that would have a direct and adverse affect on any river included in or designated for study or inclusion in the National Wild and Scenic Rivers System, j) The Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, requiring that federal assistance will not be given and that license or permit wilt not be issued to any activity not conforming to the State implementation plan for national primary and secondary ambient air quality standards. k) HUD Environmental Criteria and Standards (24 CFR Part 51) providing national standards for noise abatement and control, acceptable separation distances from explosive or fire prone substances and suitable land uses for airport runway clear zones. I) Uniform Relocation Assistance and Real Property Acouisition Policies Act of 1970--Title Property Acquisition (Pub. L 91-646 and implementing regulations at 24 CFR Part 42), providing for uniform and equitable treatment of persons displaced from their homes, businesses,or farms by federal or federally-assisted programs and' establishing uniform and equitable land acquisition policies for federal assisted programs. Requirements include bona fide land appraisals as a basis for land acquisition, specific procedures for selecting contract appraisers and contract negotiations,furnishing to owners of property to be acquired a written summary statement of the acquisition price offer based on the fair market price, and specified procedures connected with condemnation. m) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 -- Title it Uniform Relocation Assistance (Pub. L. 91.646 and implementing regulations at 24 CFR Part 42), providing for fair and equitable treatment of all persons displaced as a result of any federal or federally- assisted program. Relocation payments and ssistance, last-resort housing replacement by displacing agency, and grievance procedures are covered under the Uniform Act. Payments and assistance will be made pursuant to state or local law, or the grant recipient must adopt a written policy available to the public describing the relocation payments and assistance that will be provided. Moving expenses and up to $22,500 or more for each qualified homeowner or up to $5,250 or more for each tenant are potential costs. n) Davis-Bacon Fair Labor Standards Act (40 USC 2763 - 276a-5) requiring that, on all contracts and subcontracts which exceed $2,000 for federally- assisted construction, alteration or rehabilitation, laborers and mechanics employed by contractors or subcontractors shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor. (This requirement applies to the rehabilitation of residential property only if such property is designed for use of eight or more families.) Page 8 of 12 Pages 890530 o) Contract work Hours and Safety Standards Act of 1932 (40 USC 327 of seq.) requiring that mechanics and laborers employed on federally-assisted contracts which exceed$2,000 be paid wages of not less than one and one-half times their basic wage rates for all hours worked In excess of forty in a work week. p) Copeland "Anti-Kickback" Act of 1934 (40 USC 276 (c)) prohibiting and prescribing penalties for "kickbacks" of wages in federally-financed or assisted construction activities. q) The Lead-Based Paint Poisoning Prevention Act—Title IV(42 USC 4831)prohibiting the use of lead-based paint in residential structures constructed-or rehabilitated with federal assistance, and requiring notification to purchasers and tenants of such housing of the hazards of lead- based paint and of the symptoms and treatment of lead-based paint poisoning. r) Section 3 of the Housino and Community Development Act of 1968 (12 USC 1701 (u)), as amended. providing that, to the greatest extent feasible, opportunities for training and employment that arise through HUD-financed projects, will be given to lower-income persons in the unit of the project area,and that contracts be awarded to businesses located in the project area or to businesses owned, in substantial part, by residents of the project area. - s) Section 109 of the Housino and Community Development Act of 1974 (42 USC 5309), as amended, providing that no person shall be excluded from participation (including employment), denied program benefits or subjected to discrimination on the basis of race, color, national origin or sex under any program or activity funded in whole or in part under Title I (Community Development) of the Act. • t) Title VI of theSrivil Rights Act of 1964 (Pub. L 88-352;42 USC 2000 (d)) prohibiting discrimination on the basis of race, color, or national origin in any program or activity receiving federal financial assistance. u) Title VIII of the Civil Rights Act of 1968 (Pub. L 90-284;42 USC 3601), as amended, popularly known as the Fair Housing Act, prohibiting housing discrimination on the basis of race, color, religion, sex, or national origin, and requiring HUD to administer its programs In a manner which affirmatively promotes fair housing. v) Executive Order 1124¢(1965), as amended by Executive Orders 11375, prohibiting discrimination on the basis of race, color, religion, sex or national origin in any phase of employment during the performance of federal or federally-assisted contracts In excess of 52.000. w) Executive Order 11063 (1962), as amended by Executive Order 12259, requiring equal opportunity in housing by prohibiting discrimination on the basis of race, color, religion, sex or national origin in the sale or rental of housing built with federal assistance. x) Section 504 of the Rehabilitation Act of 1973 (29 USC 793), as amended, providing that no otherwise qualified individual shall, solely by reason of a handicap, be excluded from participation (including employment)„ denied program benefits or subjected to discrimination under any program or activity receiving federal funds. y) Aoe Discrimination Act of 1975, (42 USC 6101), as amended, providing that no person shall be excluded from participation, denied program benefits or subjected to discrimination on the basis of age under any program or activity receiving federal funds. 24. Monitoring and Evaluation. The State will monitor and evaluate the Contract with the Contractor under the CDBG program. The Contract will be monitored for compliance with the rules,.regulations, requirements and guidelines which the State has promulgated or may promulgate and will be monitored periodically during the operation of the project and upon Its completion. The Contract will also be subject to monitoring and evaluation by the U.S. Department of Housing and Urban Development. The Contract will be evaluated to gauge its impact upon low-and moderate-income residents of the community,slums or blighted areas,or other urgent need conditions and for the effective and efficient utilization of CDBG funds. 25. Severability. To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term. g9©530 Page 9 of 12 Pages 26. Binding on Successors. Except as herein otherwise provided,this agreement shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns. 27, Subiettino. Assignment or Transfer. Neither party nor any subcontractors hereto may sublet, sell, transfer, assign or otherwise dispose of this Contract or any portion thereof, or of its rights. title, interest or duties therein, without the prior written consent of the other party. No subcontract or transfer of Contract shall in any case release the Contractor of liability under this Contract. 28. Non-Discrimination, The Contractor shall comply with all applicable State and Federal laws, rules, regulations and Executive Orders of the Governor of Colorado involving non-discrimination on the basis of race. color, religion, national origin, age, handicap or sex. In compliance with Paragraph 5 of the Special Provisions section of this contract, Contractor agrees to consider minorities or minority businesses as employees, specialists, agents, consultants or subcontractors under this Contract. Contractor may utilize the expertise of the State Minority Business Office within the Office of the Governor for assistance in complying with the non-discrimination and affirmative action requirements of this contract and applicable statutes, 29. Aoo'leant Statement of Assurancessnnd Certifications. The Contractor has previously signed an "Applicant Statement of Assurances and Certifications"which is hereby incorporated and made a part of this contract by reference. 30. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary. the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance or compliance beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor or its subcontractors. Page 10 of 12 Pages 890530 torm e.A(-t?n SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This contact shall not be deemedsalid until it shall have been approved by the Controller of the State of Coloradoor such assistant as he may designate.This provision is applicable to any contract involving the payment of money by the State: FIND AVAILABILITY Finan:ialnhhpatwm of the State pa)ahie atter me current fiscalsear arc nmungen:upon hinds tier that purpose being appropriated hudgticd and rtncrss Ise made available, BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction.erection,repair,maintenance,or improvement of any building. road,bridge.viaduct,tunnel,excavation or other public works for this State.the contractor shall,before entering the performance of any such work included in this contract,dole execute and delis er to and fiie w ith the of cial whose signature appears below for the State,a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable 1w the terms of this contract.Such bond shall be duly executed by a qualified corporate surety,conditioned ism the due and faithful penlsrmance of the contract.and in addition,shall provide that it the contractor or his subcontractors fail to duly pay for any labor,materials,team hire,sustenance,provisions,pro vendor or othersupplies used or consumed by such contractor or his subcontractor to performance of the stork contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond,togetherw left interest at the rate of eight per cent per annum.Unless such bond,when so required.is executed.delivered and filed,no claim in favor of the contractor arising underthts contract shall he audited,allowed or paid,A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with 35-26.106 CRS,as amended. INDEMNIFICATION 4. To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State.its employees and agents,against any and all claims. damages.liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees. Agents,subcontractors,or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957.as amended,and other applicable law respecting dis;riminatinn and unfair employment practices(24-34.401 CRS 1932 Replacement Vol.).and as required My Executive Order,Equal Opportunity and Affirma- tive Action, dated April 16, 1975.Pursuant thereto, the following provisions shall be contained in all Stare contracts or sub-contracts. Daring the performance of this contract,the contractor agrees as follows: (11 The contractor will not discriminate against any employee or applicant for employment because of race,creed,color.national origin.sex.marital status. I e'!!.ig:on,ancestry.mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed.and that employees are treated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:employment. upgrading.demotion,or transfer,recruitment or recruitment advertising:Iayof)s or terminations;rates of pay orother forms of compensation:and selection for training.including apprenticeship.The contractor agrees to post in conspicuous places.available to employees and applicants for employment,notices to be pro- vided by the contracting officer setting forth provisions of this non-discrimination clause. (21 The contractor will,nn all solicitations oradvenisenentsfor employees placed by von behalf of the contractor,state that all qualified applicants will receive consideration tar employment without regard to race, creed.color, national origin,scy,marital status. religion, ancestry,mentai or physical handicap,or age. (3) The contractor will send to each labor union or representative of workers sf,ith which he has collective bargaining agreement or other contract or understand- ing.notice in be provided by the contracting officer.advising the labor union or workers'representative of the contractor's commitment under the Executive Order, Equal Opportunity and Afrmative Action,dated April 16, 1975.and of the rules,regulations,and relevant Orders of the Governor. t41 Tlic.untrnetor and labor unions will furnish all information and reports required by Executis e Order.Equal Opportunity and Affirmative Action of April 16, 197f,and to me rules.regulations and Oruc:s of the Guscmcr,or pursuant thereto,and will permit access to his books.records.and accounts by the contracting :.ge:r;. and the office of the Go:error or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders. (5) A lacer organization will not exclude any individual otherwise qualified from full membership rights in such labor organization.or expel any such individual rrp•e rte.^..ceshap in such labor organization or dacrimitate against any of its members in the full enjoyment of work opportunity.because of race.creed,color. ac\. i rational origin.Or ancestry. I6 i A labor organization.or the employees or members thereof ss in no:aid.abet,incite.compel or coerce the done of any act defineo in this contract to be dis- Cnniiratun'or obstruct or prevent any person from complying with the provisions Cur bit contract or any order issued thereunder;or attempt caner directly of moually.to commit any act defined in this contract to be dncriminatnry, it isr rr.9 •10:2 ,Aevq.ed /he pads' i--of _1.2 p=ees g90530 Form 6-AC-02C (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contractor or with any of such rules,regulations,or orders,this contract may be cancelled,terminated or suspended in whole or in pan and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16,1975 and the rules,regulations.or rders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order.Equal Opportunity and Affirmative Action of April 16, 1975,or by rules,regulations,or orders promulgated in accordance therewith,or as otherwise provided by law. (8) The contractor will include the provisions of paragraph(I)through(S)in every sub-contract and subcontractor purchase order unless exempted by rules, regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16,1975.so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct.as a means of enforcing such provisions,including sanctions for non-compliance:provided,however,that in the event the contractor becomes involved in,or is threatened with,litigation with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of 8-17-101&102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun- der and are financed in whole or in part by State funds. b. When construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is deter- mined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be avail- able or would otherwise be inconsistent with requirements of federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements(section 8-19-101 and 102, CRS). GENERAL 7, The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution and enforcement of this contract.Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws,rules and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint.defense or otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8, At all times during the performance of this Contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that have been or may hereafter be establisBed. 9. The signatories hereto aver that they are familiar with 18-8.301,et,seq„(Bribery and Corrupt Influences)and 18-8.401,et.seq.,(Abuse of Public Office), CRS 1978 Replacement Vol., and that no violation of such provisions is present, 10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written, Contractor, Veld County (Full Legal Name) D ^d_ O4‘ Cnmrt<e'er!nn-rR STATE OP COLORADO v: /it e7/4.y ROY ROMER, GOVERNOR C.W. Kirby By eS EXECUTIVE giaECroa. • Position(Title) Chairman 84-6000813 Social Steunly Number or Federal I.D.Number DEPARTMENT OF Local Affairs (If Corporati • , Attest(Seal) CAA �0 "By-. V /�i9'J7f-e .9 , 1,-,cart-Li) Coe me Sammy.or E, vaIe,t,Town/Cuy/County Clem APPROVALS ATTORNEY GENERAL CONTROLLER By By Pen 12",Ch n the Inl d 12 p.m .,.■pC 395.5341.1030 IRE,red I/Mal . it,nu ncio,.on reverse nit 89®530 •1?J)JS.Ja I EXHIBIT A . Scope of Bervicgs 890530 EXHIBIT A SCOPE OF SERVICES WELD COUNTY 1. Project Description and Objectives, Using CDBG and other funds the Contractor shall rehabilitate approximately twenty-three(23)single family owner-occupied housing units in the communities of Evans,LaSalle, Gilcrist and Platteville (census tracts 10. 17 and 18) in Weld County. The project also includes a"Homeowners Maintenance Education Program'and an "Emergency Rehabilitation Assistance Program: 2. Cow and Moderate Income Benefit. The total family income of the assisted households shall not exceed the income limits set forth in Exhibit B of this Contract, or those subsequently issued by the State. 3. Program Policies. Housing rehabilitation,housing replacement,and first-time home owner assistance program policies will be developed and followed by the Contractor which define the criteria and manner by which the program will be administered. Such policies will include, but not be limited to, program eligibility requirements, allowable costs. COBS maximum assistance amounts,advisory committee composition and role,use of CDBG funds in conjunction with other funds,collateral requirements,emergency repairs,charge orders,files and reports,accounting,receipt and selection of applications, contractor qualifications bidding and contracting procedures, lien waivers. inspection of work, program changes, conflicts of interest, and grievance/appeal procedures. 4. Administration Requirements. The Contractor shall comply with the administration requirements set forth in the 1989 Community Development Block Grant Program Grantee Handbook and the 1989 Guide for Housing Rehabilitation and Alternative Relocation, or such requirements as may be subsequently issued by the State. 5. Financial Assistance Methods. The financial assistance provided to individual households may take the form of a loan, deferred loan, grant or such other form as specifically authorized in advance by the State. 6. Construction Standards. The primary purpose of the CDBG funds is to address health, safety, energy conservation, and structural deficiencies. Upon completion, each assisted unit, except any on which only emergency repairs are undertaken, will at a minimum meet the HUD Section 8 Housing Quality Standards for — Existing Housing contained in 24 CDF 882.109, incorporated by reference. 7. Interest. The Contractor shall not earn interest on advances of COBS funds unless funds are contracted for property rehabilitation and a property rehabilitation escrow account has been established. 8. Program Income. All revenues received by the Contractor or designated sub-grantee which result directly from a CDBG-assisted activity shall be considered program income. Program income includes but is not limited to. principal and interest payments and proceeds from the sale of acquired assets. All program income shall be retained by the Contractor or designated sub-grantee,added to other funds committed to the Project and used to continue the housing program. To the extent possible, program income shall be expended prior to requesting any additional funds form the State. Program Income received after completion of this Project is not subject to federal COBS requirements unless another CDBG contract is in effect between the State and Contractor at the time. 9. Contractor Administration. Weld County Housing Authority, P.O. Box A. Greeley, Colorado, shall administer the Project for the Contractor as the designated sub-grantee. Page 1 of 2 Pages 890530 10. State Monitoring. The Department of Local Affair will monitor the project. 11. Project Budget Other Funds Proiect Activity Total Funds COBG Funds Amount Source Housing Rehabilitation (14.5) $230,800 $170,800 $60,000 FmHA HPG • Homeowners Maintenance 1,200 1,200 • Emergency Rehabilitation 20,000 - 20,000 County Administration (17) 45,788 $28.000 13.855 Contractor 3,933 FmHA HPG TOTALS $297,788 $200,000 $97,788 Funds from sources other than CDBG shall not be considered matching funds subject to federal audit requirements. 12. Time of Performance. This Contract shall be effective upon full and proper execution. The Contract shall expire on August 31, 1990, except that the Contract may be extended by mutual agreement of the State and the Contractor. Any request for extension by the Contractor shall be submitted to the State at least 30 days prior to the expiration of the Contract with a full justification for the extension request. 13. Payment Schedule. $190,000 Paid upon receipt and approval of written requests from the Contractor for funds to meet immediate cash needs. 10,000 Paid upon substantial completion of the project provided that the Contractor has submitted and the Department of Local Affairs has accepted all required quarterly Financial Status Report and Performance Report information. $200,000 TOTAL All requests for payments will be made in accordance with paragraph 13 of the main body of this Contract. Page 2 of 2 Pages C EXHIBIT B Definition of Low and Moderate Income Households and Persons 890530 g s 'if 'Ong a! Il gg g! ag G I8 ii U_ g$ g! x$ 1g agl 3 14a 1 F! II !! II II it ig it II ig II ig II it #r;; Ii tlif • IIIs ill 1ggg$ ggA! ggp$ giggtitgg5gz$ gga! I g 8aiztIgi 12 rt s it gE gg gg gg gg gg $sp gl g! g! gg gg gg gR ohs A_ n_ IM1_ l�.Y _ M+. N_ h_ N_ t$ r-9 ._saYE R 88 ggAA R 5R� q 8 R f- a EEL! 4R g 22 R H R R$ # 2 gl q gA PR ^ ;EEL! ?: miff gg $RR $ i fin?' "' iR 88 #R 8$ 8g 2g ; gi 88 1$ 88 SS 88 81 Y fs .=i ' tl sf =Zi3Is 1 gg $9 gg $a 99 !a gg la g9 1g 99 P 99 = $ iV. Willi 333 IDI iiiiig d3a 21 lii3 13 13 13 t1 21 13 1313 13 13 13 13 13 13 13 111 r afi 111 . 11 89®530 • 1"11 Ilis gl II $ II I! !I II g8 I! II I$ I! I! I! fiji 11101 I; 1! IR II II IR II RI II II II 1Xzt 21' II II II III; I$ II II II I! II :I II II 14 ifil Ian'! 1! 12 II II II II I! II I! I$ z$ 8$ w It :Al gg aa�i 8 2, 1 gl Et;II ,!E 41 33 43 33 If gR gR .4B fa gR ff RI ?I 43 cosxa - iiigY eg tg atl if iz lip' ! g ! I! R ig R I! R f $ _ , $g if of !I If !! g! sg g?. !! !! !! s! 8a 1g t1 21 11 t1 1 1 1 1 1 . 1 isj;n4 is Ii is i3 3 3131313 I3 31313 11aF711= Piqg I• g 890530. _ r - _ti.. ...--...- .r. .W �: • 'l JY MrY1�'M, i4�: Yr)F��.JHJ,� T u laic 11 t ig RI 1$ g$ U. Al II I$ g$ !I II gg li A$ 11111 . 1119 ii li 11 11 ll 1$ it it it ig !I 1i IF, II _ 1itg " t g p8 $p p g R RR S R ailli �� II II 4R g$ 11 i8 4g 4� SR �Y 1S iR ijiliji , 1Eg 1! I! U$ g$ 1g 1RHH1! g$ gRggsgg= gg a 12 ifi4 ug §rill ., Iv s ; - a .. .. .. 1 5� S NI; -1g, ig -- - R8 - EIR-- R3 $ R- -- d x5 '31 - a z R R g gR g 5�R g R g '- z g�lti I #! it (R R ll R g% SR it ig gg 11 "11 1R i • sa � • ygf Y. F it 2! sa 32 I? g! 2s Ra 31 SR Rg gg !I .� •3'�a6a 4 a n *iiii 53 Kleao2 Wf rri3rs i$ 11 !! g! gg g! gg R! g! RI ll if og R . E I a 1140 111111111 1iii - i c s fog: iitis11 $ll! 13l313iih13isIs Iiiiii Virg6 psi ,-. - ._ 890530 c — Mb _ -..-..-- - i Ij 111111 11 11 1$ 1111 1! 1112 11 I! 1_ Ififf Ifni l r. sf 11 II II 11 I! 11 11 11 11 11 U 1111 11 bile 11 11 11 11 11 11 11 11 UU 11 II 11 11 $I • r " '`s Ike! 4 > s,- 4 : bc li If III! l2 .44 s s ass a as �$'{ sa as as 9 s$ $ � -i , 3 _ __ f_ _ - __ 1. =1211_ ^_ ¢I __ _ a 's a.S 8 ,,,Ii_ il A! li plili .. . . p-f-fr en Ifige JEp4 Viliffilill 3 13 13 13 33 13 11 13 13 33 13. ii 13 13 is �. • ;MEM I!hhIi1I ! fJJ1Ii ! ! fF: 890530 ..:i::1;1:. �� STN.Yr.c� r�`w�tn..-w.„+��¢ '�'4':� • III I I! i_ QIi ifi ._ • o, ilk . - • • ii II El I! II II If 2 • _ li it 11 it II if 11 . 4, Nil It If gi 11 1g ' 1 1111111 1 If ll If .g Jg gg RP _ w. OE WAIL - .. . . . i ft iz 4t-i; ;IA - . 111= 1 gg a Itiill I El s� E1 • . : , . • - IQ ag� !I' D$ ag . Ada 3€= . _ • ytivs Wi jif/!1 •iL' /IL' ,IilzJLI A - c JU ,g2G CHANGE ORDER S CHANGE ORDER NO. 1 DATE: 06-09-89 PROJECT: tleld County Road 5 Cetween !.`eld County Road 6 and 12 TO (CONTRACTOR): Siegrist Construction JUSTIFICATION: • Adjustement for final payment for completion of project. You are directed to make the following changes in the work. All other terms and conditions of the contract not expressly modified hereby shall remain in full force and effect. ITEM NO. DESCRIPTION EST. QTY. UNIT UNIT COST AMOUNT The original contract sum was $ 338,310.40 Net change by previous change orders $ 0 The contract sum prior to this Change Order was . ,$ 338,310.40 • The contract sum will. be (increased) (fi464W11dd) 17,277.18 or (4004740 ) by this Change Order $ The contract sum including this Change Order will be $ 355,587.58 The new contract time will be 0.64W0914) (04~0) or (c): ,zed) by unchanged ( ) days. The date of completion as of the date of this Change Order is therefore unchanged , 19 ACCEPTED BY: ORDERED BY: • Siegrist Construction THE BOARD OF WELD COUNTY CO*4htI55ION RS Contractor Address: P. 0. Box 758 Greeley, CO 80632 E92144, CtrePt Opnvpr,r^ rn22g Address,' ' By -2/4/Z Chairman of t. Board By /. Date Midhael(U. 51 s V• President Date a -15--1, 28 890880 J : a a 4-fl a 0 0 0 1 ' H Pi mob • W W O. N P W A I .V M• rt V• 0 Ii m _ FL F) n 9 b H XW Bn m n )i nr'1n •.I 7: n9CA 0 r n .O fn a 01 a 000 O O n T N n L' CrO' m n n m V. .t. GI 01 O I I V 0 Pt ft m n C d N •. 0 C4 0 .• In Pt) N n 7x II h .- N 0 a • CO 01 m N M I'. 01- n yM 9 0 'O IT 0. On P N m N Y' A. [L CD ta.Cl rt P. 'O C 7 ..CO et H. .-. Cif N 9 •. 0 'nb N N n O' 1 01 0 0v (t P .- O. n O n.1w n C 1-i et r. O 1.< 'b " Na) co H C m 7 .4 CC' I.• y m m C •• I W 4 rt 3C C) _ 9 C J. 0 C O O. 1.3 J P. 00 `.... (D 04 n 1 tn 0 Q. VI C CO In m 1-17' ' n i0 O 7 0 s R cp..) '0 7' m X 0 7• m 7 O O M• c.C (D N. 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N an N VD .C • I 44 t (11 mEMORAf DU Clerk to the Board June 19, 1989 7 Date � //�� Drew Scheltinga, County Engineer CCOLORADOFrom Agenda Item Subject: Please place the Change Order for Weld County Road 5 on the Commissioners' next agenda. DLS/mw:mco xc: Commissioner Lacy WCR 5 AR2184207 ORDINANCE NO. 89-Q IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS, OF CERTAIN SECTIONS, AND THE ADDITION OF CERTAIN SECTIONS TO M O ORDINANCE NO. 89, WELD COUNTY ZONING ORDINANCE, AS CURRENTLY o AMENDED, REVISING AND ADDING CERTAIN PROCEDURES, TERMS, AND • p REQUIREMENTS. O BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD oz COUNTY, COLORADO: o o x WHEREAS, the Board of County Commissioners of Weld County, v'p Colorado, pursuant to Colorado statute and the Weld County Home o Rule Charter, is vested with the authority of administering the r affairs of Weld County, Colorado, and • y w WHEREAS, the Board of County Commissioners has the power and authority under the Weld County Home Rule Charter and State w Statute, including Article 28 of Title 30, CRS, to adopt zoning a a regulations for the unincorporated areas of the County of Weld, o v and o, z N H WHEREAS, the Board of County Commissioners of Weld County, F Colorado, has previously adopted Ordinance No. 89, weld County o z Zoning Ordinance, establishing a comprehensive revision of the zoning regulations and zoning maps for the unincorporated areas of ow the County of Weld, and has adopted amendments in Ordinance 89-A through 89-P, and co z a WHEREAS, said Ordinance No. 89, as amended, is in need of o >, revision and clarification with regard to procedures, terms , and Q X requirements therein. ,p NOW, THEREFORE, BE IT ORDAINED by the Board of County m -1 Commissioners of Weld County, Colorado, that certain existing .-IN sections of said Ordinance No. 89, as amended, are repealed and = 4. re-enacted, with amendments, and that various sections are added or revised to read as follows: Amend Section 23 to read: 23 Site Plan Review 23. 1 Intent and Applicability 23 . 1 . 1 The intent of the Site Plan Review procedure is to provide present and future residents and users of land in Weld COUNTY a means whereby orderly and harmonious DEVELOPMENT is ensured in Weld COUNTY. Site Plan Reviews require Ord. 89-Q O Page 2 m e RE: ORDINANCE 89-Q N U additional consideration to ensure that the USES permitted are established and operated in (:) 41 a manner that is compatible with existing and o planned land USES in the NEIGHBORHOOD. The o a regulation of Site Plan Reviews is designed to "' o protect and promote the health, safety, convenience, and general welfare of the present and future residents of Weld COUNTY. � a N 23. 1 .2 A Site Plan Review is required for USES in the following Zone Districts: the R-4 (High Density Residential) District, all Commercial Districts, all Industrial Districts, and in m O any PUD District where a USE would require a rn z Site Plan Review in an R-4, Commercial , or ` Industrial Zone District. 4.0 o a 23. 1 .3 No land, BUILDING, or STRUCTURE shall be USED, changed in USE or type of occupancy, o w DEVELOPED, erected , constructed, N w reconstructed, moved or structurally altered ccoz or operated in any zone district that requires R a Site Plan Review until a Site Plan Review o >4 has been approved by the Department of a a Planning Services. x � 0 23. 1. 4 The Department of Planning Services shall not issue a building permit for any BUILDING or N STRUCTURE in a zone district which requires a a w Site Plan Review until a Site Plan Review application has been submitted by the applicant and approved by the Department of Planning Services. 23. 1.5 No Site Plan Review shall be required for: 23. 1 .5. 1 Normal repairs and maintenance of an existing BUILDING or STRUCTURE; 23 . 1 .5 . 2 Alterations which do not affect the external dimensions of an existing BUILDING or STRUCTURE unless such alterations are made to change the USE or type of occupancy within part or all of the altered BUILDING or STRUCTURE: and Ord. 89-0 mo r-+ J CD Page 3 m O RE: ORDINANCE 89-Q a o 23. 1 .5. 3 Signs, fencing, OIL AND GAS PRODUCTION c a FACILITIES in the 1-3 (Industrial) zone vra7 district, TEMPORARY STRUCTURES used for the sale of fireworks, or the TEMPORARY sale of o Christmas trees. rye v. a 23. 1 . 6 A BUILDING or STRUCTURE which was in place o W prior to the effective date of this Ordinance 1/4 No. 89 can have its external dimensions w enlarged up to twenty-five percent (25%) of a those external dimensions in existence at the OD `� time this Ordinance was adopted, before a Site �O1„ N Plan Review shall be required, unless such enlargement is made to change the USE or type 1/40 ocq of occupancy within part or all of the enlarged BUILDING or STRUCTURE. r- 0 w 23.1 . 7 Any person filing an application for a Site W z Plan Review shall comply with the COUNTY N z procedures and regulations as set forth o herein. a 23 .1 .8 Applications for a Site Plan Review shall be completed as set forth in Section 23.2 , `° ° Application Requirements. The completed N application and application fees shall be " ` submitted to the Department of Planning q w Services. 23. 2 Application Requirements for a Site Plan Review 23 .2 . 1 The purpose of the application is to give the applicant an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Ordinance. The following supporting documents shall be submitted as a part of the application: 23 .2. 1 . 1 A signed site plan certification form provided by the Department of Planning Services. The certification states and affirms that the specific USES, BUILDINGS, and STRUCTURES arc designed and will be constructed and operated in accordance with the applicable performance standards and district requirements in this Ordinance, and in accordance with any Ord. 89-Q m O O u o▪ , Page 4 vi RE: ORDINANCE 89-Q e conditions imposed by the Board of County o• Commissioners at the time the property was N.CC zoned or rezoned; o 23 .2 . 1 . 2 A brief description of the proposed use; a 23.2. 1 .3 A statement accompanied by evidence explaining ” w how the storm water runoff will be handled. If physical changes to the site are proposed a (e.g. grading, paving, increased roof areas, a, a etc. ) then evidence, maps, and calculations explaining how storm water retention c z facilities are designed to retain the storm water runoff in excess of the historic flow o from the undeveloped site shall be submitted. Storm water retention facilities on a N. O developed site shall be designed for a 100 N w year storm and release retained water at a z rate not to exceed a five year storm falling co z on the undeveloped site; N i Q 0 >4 23 . 2 . 1 .4 A statement explaining that the proposed USE, w < BUILDING or STRUCTURE meets the Off-Street Parking Requirements listed in Section 41 of 1/40 o this Ordinance. Sufficient SCREENED, N .N+ off-street, paved parking areas shall be N provided in all districts if required by this CO w Ordinance or Board of County Commissioners; 23.2. 1 . 5 A statement explaining that the loading areas in all districts shall be located, designed, and constructed in a manner that is in conformance with the standards below: 23 .2. 1. 5 . 1 Sufficient space shall be provided in loading areas to accommodate the vehicles being loaded or unloaded without encroachment upon neighboring property or rights-of-way. Loading areas shall be paved. 23. 2 . 1 .5 . 2 Loading areas located within the r-1 and 1-2 Districts shall be designed to comply with the appropriate use regulations under either Section 34 . 2 or Section 34.3 of this Ordinance. Ord. 89-Q M O UN • Page S o RE: ORDINANCE 39-Q o %+a co- ca 23. 2.1.6 A statement explaining that the lot shall have safe access to an approved public or private street. The design designation of a street or highway as to type shall be in conformance v a with that shown on the Weld County Thoroughfare Plan and/or the Master Plan of the affected municipality. Vehicular ingress and egress shall be permitted only via the o, following types of streets: ca o z 23. 2. 1 . 6. 1 ARTERIAL; N i-+ 1O F 23. 2. 1.6. 2 COLLECTOR, when that COLLECTOR STREET does not " a serve any Residential District before (1/2, 7 intersecting an ARTERIAL; ow 23 .2. 1 .6 .3 FRONTAGE or SERVICE ROAD; or w z z N a 23.2. 1 . 6 .4 LOCAL, when the LOCAL STREET is internal to the Industrial District and does not serve any a Residential District LOTS. %o 23.2. 1 . 7 A statement explaining that new accesses to in AN PUBLIC rights-of-way shall be constructed N N using the minimum standards below. Designs w exceeding these minimums may be required by the Weld COUNTY Department of Engineering Services depending upon the number and type of vehicles generated by the USE proposed. 23 . 2. 1.7 .1 Size of drainage structure - 12 inches in diameter; 23. 2 . 1 .7.2 Length of drainage structure - 20 feet; 23.2 . 1 .7.3 Depth of cover over pipe - 12 inches; 23. 2. 1 .7. 4 Width of access - 15 feet; 23 .2 . 1 .7 .5 Maximum grade of access - 15 percent; 23 .2. 1 .7 .6 Flare radius - 20 feet; 23.2 .1 .7 . 7 Depth of surfacing - 4 inches; 23 .2 . 1 .8 A statement explaining that acceleration/ deceleration lanes when required by the Weld Ord. 89-O • m O -00 0 • • Page 6 O RE: ORDINANCE 89-O ow o � o x COUNTY Department of Engineering services or A the Colorado Division of Highways will provide o safe, efficient access to ARTERIAL or u COLLECTOR STREETS; o 23 .2 .1 .9 A statement explaining that the proposed USE meets the required SETBACK of the zone " x district; �m U 23.2 .1 .10 A statement explaining that the proposed USE z meets OFFSET requirements of the zone c district; 1/4c) E-4 a 23 . 2. 1 . 11 A statement explaining that the LANDSCAPE requirements listed below have been met: r- 0 tt3 N w23 . 2. 1.11 . 1 No more than 85 percent of the total area of a cO z LOT in the zone district shall be covered. N a Land shall not be deemed covered if it is used 0 for growing grass, shrubs, trees, plants or ca flowers or if it is otherwise suitably a LANDSCAPED. N NN, 23. 2. 1 . 11 .2 That portion of a LOT in the zone district N which abuts a public or private street G„ right-of-way shall be LANDSCAPED for a distance of ten (10) feet, measured at a right angle from the LOT line towards the interior of the LOT. Sidewalks and driveways may pass through the required LANDSCAPED areas. 23.2 . 1 . 12 A statement explaining that the trash collection areas or facilities are located, designed, and used in a manner that shall meet the requirements of the zone district; 23 .2 . 1 . 13 The applicant shall supply evidence that the USE in the zone district shall have an adequate source of potable water and meets the requirements of the zone district; 23 .2 . 1 . 14 The applicant shall supply evidence that the USE in the zone district shall have adequate sewage disposal facilities and meets the requirements of the zone district; Ord. 89-Q cn o . Page 7 r O RE: ORDINANCE $ 9-O oCia 23 . 2. 1 . 15 A statement explaining that the USE conforms c• with the following operation standards to the O x extent that they are affected by location, a layout, and design prior to construction and operation. Once operational, the operation shall conform to the standards listed below: via 23. 2.1 . 15. 1 Noise. USES and STRUCTURES in the Commercial and Industrial Districts shall be located, as designed, and operated in accordance with the rn a noise standards as established in 25-12-101 co U C.R.S. ; rnZ H 23 . 2. 1 . 15.2 Air Quality. USES in the Commercial and o Industrial Districts shall be located, a designed, and operated in accordance with the air quality standards established by the o Colorado Air Pollution Control Commission; N [4 CO Z 23.2. 1 . 15 . 3 Water Quality. USES in the Commercial and o c Industrial Districts shall be located, o a designed, and operated in accordance with the m q standards established by the Colorado Water a i Quality Control Commission; M N 23 . 2. 1 . 15. 4 Radiation and Radioactive Materials. The handling, USE, storage, and processing of = w radioactive materials shall be in accordance with the applicable regulations of the State of Colorado and the United States Government; 23 .2. 1 . 15. 5 Heat. USES located within the Commercial and Industrial Districts shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the LOT line more than five (5) degrees Fahrenheit; 23. 2. 1 .15. 6 Light. Any lighting, including light from high temperature processes such as welding or combustion, shall be designed, located, and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties; neither the direct or reflected light from any light source may create a Ord. 89-O Mo u O w0 o Page 8 o RE: ORDINANCE 89-O oin-04 traffic hazard to operators of motor vehicles O on PUBLIC or private STREETS; no colored lights may be used which may be confused with x or construed as traffic control devices; .. y 23,2 . 1 ,15 .7 Property Maintenance. Property located within the Zone District shall be maintained in such a a manner that grasses and weeds are not co `d permitted to grow taller than twelve (12) • z inches. The property owner shall not allow the growth of NOXIOUS WEEDS. Qt-f c 23 .2 .1 .16 Site Plan Review Map. The site plan map shall ,- M show and comply with the following o m requirements: N [a °,-,° Z 23 .2 . 1 . 16. 1 The size of the map shall be 24 inches by 36 N < inches; • Zrzc 23 .2 .1 .16. 2 The scale shall be one inch equals 200 feet or cc another suitable scale if approved by the Gov Department of Planning Services; M N N r 23 .2 .1 . 16 . 3 Section, township, and range; q 23.2 . 1 . 16.4 North arrow; 23 .2 .1 . 16. 5 Outline of the perimeter of the LOT; 23 .2 .1 .16 .6 The location and names of all roads abutting the LOT; 23 . 2 . 1 . 16 .7 The location and name of any water features or irrigation ditches within the perimeter of the LOT; 23 .2 .1 .16.8 All existing and proposed STRUCTURES; 23.2.1 .16 .9 All utility easements or rights-of-way for telephone, gas, electric, water and sewer lines; 23. 2 . 1 . 16 . 10 The location of all storm water management devices or STRUCTURES on the LOT; 23 .2 .1 . 16 . 11 Complete traffic circulation and parking plan. The plan shall show the location, dimensions, Ord. 89-Q • m0 .+ Page 9 , RE: ORDINANCE 89-O rno J and design of streets, parking spaces, and o s sidewalks when applicable; and • y ta 23.2. 1 . 16.12 The location, amount, size, and type of all proposed LANDSCAPING, fencing, walls, berms, O or other SCREENING. J go a 23 . 3 Duties of the Department of Planning Services N - 23 .3. 1 The Weld County Department of Planning as Services shall be responsible for processing ,., all applications for Site Plan Reviews in the co unincorporated areas of Weld County. The rn z Department shall also have the responsibility of ensuring that all application submittal `° requirements are met prior to initiating any o a official action as listed below. The r 5 authority and responsibility for making the CLI decision to approve or conditionally approve iN w the request for a Site Plan Review rests with ° Z the Department of Planning Services. 0 >4 23.3.2 Upon determination that the application CL1 submittal is complete, the Department of az Planning Services shall: W i ry M N 23. 3.2. 1 Review the application within thirty (30) days after the complete application has been w submitted. 23.3. 2 .2 Refer the application to the following agencies, when applicable, for their review and comment. The agencies named shall respond within fourteen (14) days after the mailing of the application by the COUNTY. The failure of any agency to respond within fourteen (14) days may be deemed to be a favorable response to the COUNTY. The reviews and comments solicited by Weld County are intended to provide the COUNTY with information about the proposed Site Plan Review. The Department of Planning Services may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the COUNTY. Ord. 89-O m0 • J O 00 Page 10 a RE: ORDINANCE 89-Q O C 03 ,o„ a 23. 3. 2 .2 . 1 Weld County Health Department. 0 23 .3 .2 .2 .2 Weld County Department of Engineering w o Services. � a 23. 3.2.2 .3 Colorado Department of Health. 23.3.2. 2 .4 Colorado State Department of Highways. an a °o `-) 23. 3 .2 .2. 5 Colorado State Engineer or appropriate water • z district or municipality. N M Ca7 c 23.3.2. 2 .6 The appropriate Fire District. 23. 3. 2 . 2.7 Any irrigation ditch company with facilities o Cu on or adjacent to the parcel under consideration for a Site Plan Review. co z c Q 23. 3.2.2.8 Any other agencies or individuals whose review :� the Department of Planning Services may deem c.)� necessary.1/40 0 23. 3 .2. 3 Review the application for compliance with MN Ne-c Section 50 of this Ordinance, Overlay District • N Regulations, if the proposal is located within m k. an Overlay District Area identified by maps officially adopted by Weld COUNTY. 23 .3.2 . 4 Review the application to ensure all BUILDINGS, STRUCTURES, and USES of land will be located, designed, USED and occupied in such a manner that the design and operation standards contained in Sections 32.7, 33.6 , 34 .5, or 35.3 are or will be met. 23 .3.2 .5 Approve, or conditionally approve, the application if the applicant has demonstrated that the design anc operation standards contained in Sections 32.7, 33.6, 34.5, or 35 . 3 are or will be met. 23 .3. 3 Performance Standards for Site Plan Reviews. An applicant for a Site Plan Review shall demonstrate conformance with and shall continue to meet Performance Standards in this Ordinance and any conditions of approval for a Site Plan Review. Noncompliance with any of Ord. 89-Q M o - J 0 o Page 11 RE: ORDINANCE 89-Q oW 0 the Performance Standards or conditions of • o x approval may be reason for compliance action v' a to be taken by Weld COUNTY. Amend Section 24 .4 . 4 Change the word "wetting" to "setting" in a ,a the first sentence. o Amend Section 33 .2. 2 Add the following sentence after the first sentence in the text. "No outside a storage will be allowed in the C-1 District. " o J y Amend Section 33 .4 .2 Delete the second sentence in the text. N H � H Amend Section 33 .5. 2 Delete the second sentence in the text. om r Amend Section 33. 6 . 1. 6 to read: ow Ni Areas USED for trash collection shall be m z SCREENED from PUBLIC rights-of-way and all N ADJACENT properties. These areas shall be y, designed and USED in a manner that will a co prevent wind or animal scattered trash. a � ¼ON Add a new Section 33.6. 1 .9 to read: M N N Outside storage. USES in the Commercial w w Districts involving outdoor storage of vehicles, equipment, or materials when permitted shall be SCREENED from PUBLIC rights-of-way and all ADJACENT properties. Amend Section 34.3. 2. 1 Delete the words "Zoned R-1 , R-2 , R-3, R-4, R-5, C-1 , C-2 , C-4 , or I-1" from the second sentence in the text. Amend Section 42.2.3 .5 to read: Minimum SETBACK 50 feet Amend Section 42.3 .2.3 to read: Minimum SETBACK 25 feet Amend Section 42.3 .2.4 to read: Minimum OFFSET 10 feet Ord. 89-Q me Page 12 o RE: ORDINANCE 89-Q • ego a Add a new Section 42.3. 2.5 to read: a 0 t4 o Minimum spacing between signs . none o • o Amend Section 42.3. 3. 1 to read:o Maximum number per LOT 2 N a Amend Section 42.3. 3. 4 to read: .. w Minimum SETBACY 15 feet c c‘ "4 Amend Section 42.3 . 3 . 5 to read: N N Minimum OFFSET 10 feet c>• 0 Renumber the existing Section 42.3. 3. 5 to 42. 3.3. 6 with no change w to the text. n 5 o '7 c w Delete Section 42.4 .3 co x N a Amend Sections 43. 2. 5 . 1 . 1 and 43. 2.5. 1 .2 by deleting the words "or o accessory OFFICE Unit" from the text. ua Add a new Section 53.7. 1. 14 to read : ro CO All OIL and GAS PRODUCTION FACILITIES shall be C.1 .-4 N anchored to resist flotation, collapse, or lateral movement. The method of anchoring w shall be approved by the Weld County Building Official. Delete Section 76. 1 Renumber Section 76.2 to 76 . 1 with no change to the existing text. 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. Ord. 89-Q Page 13 m0 RE: ORDINANCE 89-Q o 0 mo The above and foregoing Ordinance No. 89-Q as, on motion duly a made and seconded, adopted by the following vote on the 26th day c of June, A.D. , 1989. o o a (5421, ,t ' , BOARD OF COUNTY COMMISSIONERS `" o ATTEST: wuwi WELD COUNTY, COLORADO x o Weld County , leak and. Recorder ,,, a and Clerk tp 'the Board, C.w. it y, C9airman " a By,_Y l: 4 & , ProTem to a eputy ' ouhty erk co w J Z APPROVED AS TO FORM: ene R. Bran nor w H - o (C2 George K n q .�------------- C o w C unty Attorney v w Gor ,. L co z N N4 FIRST READING: May 31 , 1989 o PUBLICATION: June 1, 1989 05 a Z SECOND READING: June 12, 1989 a PUBLICATION: June 15, 1989 M N , N THIRD READING: June 26 , 1989 w PUBLICATION: June 29 , 1989 Effective date: July 4 , 1989 Ord. 89-Q ti A E OF COLORADO ) COUNTY OF WC!_D ) David B. Reynolds. being duly ,worn. ,241y- th t. ho is publisher of the New Newri, .:l weekly newspaper published in Keenr:.•!sbur(] in said County and tt,a•1:FLL,: 'l:tir-1,... _..=Aid newspaper has a toner-.: l ci_r..c,t.,llation in said County irl(! hi,.!, ::peeIa !_Orit.inour;ly .rid uninterruptedly published therein. durjne period of 7t least TO :'' fl'i-t•mNC) cilmi:,ocutiym weeks prior to , ih'.. :i :"i"}. ;,tti.i^ 'l.catl.on of the annexed ,"i'.LJA:e M F.1'" .}i. '-.{'..L c r',ow8:j.J.ApL r i ri cit * t.' ..i(,'a!':..�•y�rlilor wi ;;.ip.i.i thi meaning of the .� ..v.4., :If. t. of t.ho f.ieur•al Assembly of the ' 0 '7:,.... ,,- i,'i (.1o;';.t(t('', entitled "An Act „ ; ,.,►�( ! ..w.r..:, r t� � printing of legal ' is rat. i ,,'r 1,:",••••. itr•..c1 .aClvK rtisements, " and •d•' :Ge.,-,c.;,lr:...a.,.,,.; ths.rc' to; that the notice . t . t., . .,'..�.. h f ',r• annexed is a printed Hone ::.ICY' i.',•,i i t I' '..'ir► !'a,;♦id newspaper. was '..t in • .,i.id now;paper, and in 1�._�_ i t;!-o r-,:ip,1,Ar- ,Andentire issue of .■d rvcry nmribor t:hereOf , once a week 7AEI'tv l:,r 1 wi?ek ; that said notice was so • 'l. bl hr,6 in '._s id r,ewspape proper ��. :tll'1 not in ally supplement thereof. and boa ' the firstpublication of Orit oee •Fi.1 T d rlc_t(:t•ce its aforesaid, was on the a. 1• nbd ie with teMel.ea 2ti h day c'; June! 1989, NZ loT• Y • Wild ..And t.h.' last on the ..cowa. w are 291h day of June, 1989. '�� reeked' to toad io. 4 _ Ufa Tod; • . . .. .._. .........,..__......._.... _ w_...._...._....__ �y. O ,Mod -a . Su!",e:.e-rit'ed and sworn to bolero °1r°`bRlmpyQw 4 +'-;r, rar�:, r� r+ this e.-:. /day 1• 89 ++ .o..e tar-r hi.� of June, `7 admitted ore A5ieeee%- C-62 -...."---- . . % i.• CP t‹.----; Ptibi J.:C.-•• .•--------- - the oat to.protect'sad ;samba '.1 comr..:.S ti'ri oxp .res 9-1. — 0 risSoi le . . J >Z32 ..e. - tali pcia pyy h tOfi1;:ii Yn Ne in t when a {Ali aey frylredingettaii.alien or= Gt DISCI _ ialwa L Q p .twEor WssW4 Eta1. pi ..fit arizak wh 5TRW y,�y pal riaaaC a eg:Pla;Ravin la I Nifty s or T ad .te to ' r LliVile ry�.� � .te W .aaattmo.e thew 'M.., i CAN at wd�itec et Egras. kmatatiflw f Yl�. ��.e 'lo W.drip ar d My °r UaWjtar. au-amply vim the m.*t1 alt tar a Ma IMP. as mat Dapartraaat...Mamba bra, Ratpdreata tmatiltio P�y.�r tiret ePPl�m t th'� ma M Oataaatte wF aA16 tsaeld wit t th 0 0 NM artiwaitunass ar aid will 11142 A sleet eaplummq 23.3.2 Upon de4Jminauon that 21 eaeted thct Jr troth oa sreas [^ Mc—Verities submittal is a�See e3A3 wro tantrum are , dc. and used in a manner that ,lull } MV4• m• De ;meat. l meat the ry4lt§menw d tie 1001 "A"��enkw ah6L: Amend �M. by twdirle�.412at he words .1,1 bead non, . dW'Ict: ias 2 ,h r'beethe einntext 7 OFFICE: mg tgRapoes�ttl�dd .. gip. �a�(ylpa�t t d least, Ar1e1R ahaY Me WI ReeMw Ma aooUtwYm .. me�pa�ep. team �tlib i�hr tale 232.2 Afield dateripum d the aae�OMrk4Oa:a r.weµaa dine ' „ a new settles 3737]14 to Proposed bee; _ 23313 A steamed a ac�eopmrnieedd y171,s94 �l, !!AM��dC4dd'' etonnevidenee 4r eats Zit ju. yit'1l�ea t1i[�N�y» mead�� _reideir �� 1 rte If��4r hews tiara bts, d aeea�i ^t tb mutt �. 1: 4s.Wd shall' msdw..t�E1.v"�r.prtn'ed=d Wit w..dada; iyy.ry� Uw igM tw4d u s aow 13•2••VpMac" of to Ala air. Irk" I]ade Sadlm 711 are arm inter bit e91uee of➢pwY"its p OOair epp�e the :Igi no clang to the alstag ea alb If say meta ye f ytf epedtll•oti• ,t a /ro m • tLc We 4e hy .had pp.uH"'d'' :ta. Arr r aide de be n�a�oo[ zeit par at qla clauM or a=darter raider "m a utued a IWd MMw: Serena may ,,tam any sor hdd eat• set i'�Ae cousErtthe sOrdiped lite; Nkop. opera pp sseetawaId ti deemed d b�ery�� 7114 A slatha oetmmle�t d ' -' (6e le �a�nrn Stingteettirrilifentt haveand Fed 9 era yt r with 1e b92• £e My ream, .Mel.b r 313311 Weld County Nea1N a'tMawgfvGreapettb•as aW a Awe anent.beg?wri es be b Fxt errata m •7.2.13 Weld ty intact ett. bi'decnnd -m be ddliinsccr b7 1He . wed .r is of EaileMt'mL rdYroee a d testy My �e the beast 9sesetCtceea memM�tloOY and lista 77'1.13 A statement �Alr Caa6d �1}1♦ Colorado d • The above_ale� feteRme� districts the loading ai m Wa n Crithi•. LISRS Ham G ro 9na ay that shell Ea a'loeatad.InaVas _Fed IedoMrW •3'3yle�t ];redo sib 144.4a4 et aetma•a �mr'ipWpae'�i(Stain o end �iekeca he bated. d yarn �ptJx'{�r WW tta gl1,31 ass hos: a�Mma�1a�ea�de...p�tea'�t'pwwastpaMm�da ed 1; raga ttteayt�°iraSl t'NMr(tt 01' �I {�{1 C1. W$I.D n. proett ided0 in fMWae areea.e��all Wo( iNUV fbMfM Co�Wm;Wad J Fla - ""Jacqueline-a J17��0 _ Weeded or unloaddedee[kawlt= LIM tenon std appaageYsCa nnata enreachient upon Ml hoannngC _�a1fi.Wlea 1A�a irrigation 1Ce�, roLepdggty or .rah eras MAW be via. 7 �ihaL Oey « any with the parcel r ounnd or .rr E.Lacy ettng ■{{reeoat adjacent ec sal S aae] for Sie PLn- Aso 1wenteia sha be 7 and iffcis with Waited• • et!ad the Review. an clerk to he o rod Remelt to to Ise tie lgupy ties 22]234 Any a� agents or sYWe tvMCpDeur'u�aro Sarin under 343 of tarsi7.2. Or t III 1 D.indaait dw a ing review � 1c TO FORM: 27S.1.e A statement et.Wdn6 4`l°M may deem aeceaeary. David tthatnthepa shall have ale awes > e a da eSwr. sufficient fib.Amy steal.a'{b end deMpatlan d a< ill"h'ta: Iwkw the for a ,p�e� a tr a than ➢w l6) '� ING• Ma121 1111 ee"tberYwo "l�i the 7 w{tC1�p�Orpt dednsee iEtatMG: �. r� 7Q Dlettrl �,1: Jar i,1f�1 t>toewrgrar. P4nW mar the n.i118.6 �y��. ,yy y1 g, �y within eapey r�apu�ry af; g�}�p Ain 12.Me Mawr Plan a the affected tntlOdlel Dept term high adppW by Ma'dd COUN71'. PU91.1CA x: Jar u.1/11 munki alitl'. ura ea Raj .t �, the and ogles ad ho Seedy aoperam t" be 223{1112,4 Ryan the was i !1'ON:Of'l a.]qe he 231.1.0.1 ARTERIAL: hit -r tit 'ryp y�P� � 6EtaNw dab: Judy 4,IfY 27�11ligt8�0p when that beds or rata d wfll nnqqtt a tl m s erauce Published In The New New. C'O11.Ef.'1'OR�der not Stand dwagy onto Al1JA m ,l that taodarda pea eon i Secupee * Jute 1.Jtu.13,Fed irba L.1111. M e any Inbreacttee District ld7ated ,11�ta neither thetiny• ar J17.JLi. Je or 33 are pp wilt ►yL�all 9 =um, be plot nun �M��1'��E,,a0.NL1L: ease may create • Appova SeRV7. FRONTAGE or ace. rrendsy e P tea ani hasten l 2 he a :Mich may he t design and operation �7 �M tMa es s tretDc standards 000tlned•In Sender 5 _ N.. t• ebb pp( t�wl dejv'aarw(�d��7w�ltWerda 7�e n.7,33A all,Cr 313 ate« MD ,ndn-n2aprWai�Olaattt �ahll he mlMalnd Wl& manna a RifaP., all s be r2311ra.7M A eWemtl a InF a mat —••• dm a nnaevPt=40,:ez le�wa.Rav 1h a.Wm sntiat as laree to PUBLIC �Ae o• «Cosi /+own wmis ith DaM[na = .Ayw�1�. Map, Jetrartbe p Site"lais Eagarhaingnumtieted raby tntirrhaltIORWIDepa� n�wghm'ptha t WWWW. SOWS byWar-.alma." W be M�ta1;7r'1.•u hW'akhe b m.mMarm""!° e�ha1Y\.' f1,{e�ceWap'My>S`t.WM.mg1'r" ,.ti Amendp 21.4.4 to `rmiffe In si ULM Length n feet; d torso 1e�eauaY 1N a orhad�e= NM erfoetr 13.1.7.3 Depth d lover'ore pipe. DaParnnead.end IfAmend Sella 3.1da Add the optvwda dva bl• the et WS'% eed 6 -. 111111.7 Saba tow ship, sad •.ers le tM C- 23.2.1.14 Width of arse•13 feet; men Amend Reeites 33,4.2 ads the 21.11.71 Maximum grade el 23.11.14.4;North paalttyspye: seas sentence in the text. aces•15 taw sax 231.1.7.6 Flare redl.e-20 taett. PISS R oO1tisrelpet)'7:.aaddyap�W�a' second agram mitt in the text.liti the 21.21.7.7 Depth d ewfsctag,-. d :' r,�,roaydl aOdRM�B iM LO.1' MMddeerla►:0.1.1/a mad: man; d•p- �nr rising irrh�p�yttton She be SCREENED from thatA statement aMa lt.7 TIM bolter Pad Fame pag1IC rfshtp[-way alb: tat acceleration/ flpgi Clof W'wafer teamer er tenon a ADJ rowdies.. USEse D bCoOnnes when Wren by Weld ee wawa to p.nlmolerd the manner that wi and ll prevent EnM se vltw�'nv IMed Mod Cr animal saUned wash. �.i Nlyaw% 97.11.10.1 eMRhtg sod �1,� l .a.,".f tent r Wad ElxaClTmcS; w t .omen 33Ajp'tiiiielistis ara d; thr s or Co �rn. roe 29.2.19 poAroopvsrtaetaee t�p explaining aid ewer beet p rf.�. M�aie w• aited Df wain"( 0( me so„ 1y1� Vile the 'ILe ...m. ran eMw rrtMie��t3w.dt Mere; a Ira ao AWA 'twdpetlea 23.21.7h A statement sir bilng yap�i� Amend. 34.12g.;Delete the that cite rased USE mesa 711.14.11 �ePtan the pw�d,� 141. R.3. R1. OF el: teyuuv9ltenfa of the are 'S and bwbM4 word le he Di m' ia0.and design d e refls, 27.21.11 A state ney elfsLly Me—a !fea.t e d eldewal AfD1e1p y, t.v v',y tp ; thet 00 feet requirements Dated below have 7121,10.31 The aammppy�inntt,, Mldb®�(X alxe and type of all prppmeA M n n=Arnea SETS '7 10 h'et 227ervem11.1 No mote than 43 1-A�dCAP1fiG fa et. per X23,1ma: the soMit ddYvict shall be covered.total emote =in Metals.a'atMM SGNELNI'ii G. Mrum®Sa�OFFSET4 to IO fit land shrill not be deemed mitred d to Department .. ✓ A is used toe arowrp ands, d Sennett Add a new whim 41223 to red: .orate, trees, plants or Down nr 23.3.1 The Weld County Mlnpmum spacing between a it is Wtnenrtw sunbbty elms none 4.ANf1SCAP`:O. Department of Planning Services shall be responsible for proeemi nt Amend Section 42.3.3.1 to M0: 24.7.1.111 That iqct educe d . is a Yll applications for iS to Plan pygson nonWw per WT 2 ,f roe Noe dvarul treetabets a Review, in the County. _. peat or private stmmyelt rrghtba Oi Weld The Amend sect1on 4233 t to rood: rev Mall 5e I A%.n 3Q.D for a ' DeputIn nt Fall also leu. to 7tialnnm SE:DALOC IS feet " ' anthem d ten an test, reeaaappmeuuhtDty d ensuring Wt dl :..allured at a flat angle from •DOtkatien astable requirements Amend sewn 42.134 to red; 7e WI Me towards the interior are spa to bted be any ,Mingo m OFFSET 10 feet W LUT. Sidenim end official on ass Dated b.ipw of worms 4a through me The authority and rnpmslbWtY Renumber the existing Seats' - eQured 1.ANIOSCAPRD areas. for nsl i g22riW ddeeDytOAWAprovtao 4$1.31 to 42330 with no orange pp+'•1•mr Erb PWi Rev to the tat lore kr n with to Department d Planning Semen Ill • I ra n,tarIlle i2 twain aN xi aim* ® that the !nob r•ollecumi am+ 1In, Upon determination that wt0 swam ate Limn , &timrs t' n sn Mattel is be SKIM Qe.3 1614 don m a manner that .tw11 ate �p•r oheet r . — meet the,reomnmente d the ear $eevkw ses11: gMtb.1.2 by Sada 1�33�13�1[.1 ds �, sal .: Yiettr4 7. �•or-'ccemer a Of•FICE Unit" the Wee -Boarti property tar saes Baddri to .` 1et abbe a Review the applied* . s from the test. seardi. wsta tameless tyagr amnia Wen la paW�eAtria ar den ipso of 1t ee �ptp[p tor rerp�Yy�ti=6.d tW �IPa4 ' AA6 a nw Ma 534..144 to to gas atoouttiori slam rage � rvtroH 23.2.1.3 natant idrill Ee Wasn't the chi!ttr f die , ��nr r•wnibb n y pw.inactisnd d to arwa,gradba�q-y�Pat rip=change,ner war - days tenet wdl aa >n0 iskaLlks _htttn•sd m_o( 242441a It Sattm* esplakeleg Eza to Delete Salm Ml are' • top rale Cm �000erauoe a affected": n.ta � P *..'Seethe to tat we i rwate��tan f IWtry Matta tpWconstyr tion dale to noIWrtaairr sect*. roe taler em - m ! rr li a rant a w ! ! t bab mamapOr to se ieak et acre set . •Ct the Mr1osizCyeatw at ■ rw(l..eot le um ssddllNNtt the nal.:ahimd am �b r be le u- tlm�' Els 1pe[l�1ys� ans a.L1A tyAe eht-oe,IDm-Oetet�eel... oper'atM fe �e • to �nW�.c are -tNethe weer.lira:W !r Uy+j'r: wide r eO•EWM�In asltrls n++=aura •et* seta, tW Um7r ' • At JYdad[W ^n,v Held Catty dale eitoespertia d web� p�yp Mrtm_!L 4 •ahemaiMe Ce men sear natal& dame or p2ett:‘ aalll a hat W yy th i �' ,�yd t d hi ��3spar=art !f elsoperering. umight Obe decdyad. be prdlar0R a d Cowq' Atr Ae�l sisL'�mai SMvka D.S.I' •S. S A ds4art C bfwjele rev 2 app D par ut d - The abate_ma Sego* that the lading •tell N • Late l=1'rYk pOyt aneeli mdleq eleana and tr lo In a oted, a G v yperie[c[ yon �` ddpt�A•D..1�. • t moiler that is inbe located, with the below: Comensf nAat�i 351221 42c4carb Stet 1tp pppN�f aceordence Wda' water YMISI� WELD C2.1s.1colgs 0 aratatcommrod in to°1ev.�ie�ei�poga�Ng sue The apiarist, Fin A-Vaehee Gels R _ loaded or unloaded wttheul 1.15A RaNatkn It � eare s�erw��rcrthyment upon D neighboring Mafalsls. and zu '!he cinema 1rr1r• [n.mng Meal or ehltbe awed.y �ah•n be dtaarrodeosetwo 4.3.7 seeefturdeets cart with ?the roe t dlteh ityl or A $ • 17.2.14,3 Lading areas located wlih the �d conearatNn (or a Site FLn M'ja7ryF�Ajro Fq�er�ln shell pe 1.1 and 14 Dldrk4 IL* G0eatnmdlt: Review. Weld CaNtY Ckrn eM Rank t��ayy whh rand ad Cleric w the Board &mo& to W ]�h Or ilab Urbrc Icate° p AW dkv raise: ar Y:TanNLe MOur •t0amwet•l 1 vt aala wh nvNw the au�uv Clete 31.7 ament . ig mu P1ariK C 1Y>,c'ter)FORM: thattthe last shall male attar heat to agpy M Oe ry• �e Count'A snletow nant atced „saint lain tvyp�e Igwrpgin(Yya�eaw{t to wrcprdyotthe t Review tW for ern +hall hit die Lowgp jai 2ea7aY tKthan Dve (p) Or![ District � t�' m tear, Coerp 1616 >oa w�w1tNO:ntwrapo..l is M ser Pia W a the 1.73.6 lJ�t� Atp 1t�nlryt, �% SECDNI]REAp�C J15 a i lyi Mr'ar Plan the amunkiticlity. Vehicularffected Lehr 4umwrpbie3 CLUli1Y TP1I1�81JpG�T1A0pNp.1� alt vu the oop^o d streets: ��llowr rumt�haaat�R�^Woad m. run A ma fho PfSB1.Elan N: i a L. l • a ma'am atoms AS1A1� AARRTERI'AL; W : wpm nnddd 11� Flplaucpt,.at July L 11w t la a Mont CD31 .3 COIJECfOR rapes net stelae OM beams-or 10'6 onto ADJA(SN'C liltsta.1a d a"d wabeererttopetl t Jones L J®e 15,in ]r a,a Vale Residentiel SfR6E'f District P : Mlle a �7, 344 ar 8?an a[ at s/ t tit" arlY tag IS men May Create 1AK3ERIA7.. lad o PDBL[4ore el mar and &o sma rtire SERVICE ROAD:arNSAOE or �arS:mate�h'a�ed Y trd0rdesign ad pftad tat i 1 la w z dwicace standards contained•ln 3acflate �s..11 a7,33,6,XS,a Si are or will a1, IMAM r �1 tat :r ra 7s pas ryma err 1n gppagsetseegtspnn[(Rayy.� An 1237 Ag�aat�ae onades to•PmPlU�Sf�iCg nob'• maser ad and (Io![�ea�rS�rlt* Plan R•v w[lOYet"raY Man bet Mln =canna and ahsLta ennclow�inmlee�t below. lW WoOwe Pren a d tltgda tu. goDeshN rq� ■ Canraa�gdmrwageIY pens of > toY�p��o raNrt to� gppsslylyawrpw3lsp• 1 r mime p�OM lMiawYte t�t °f ""'"ietPradea ��yhe yr o� qe temp]' ��.,tta. structure•IS aches in dWrler.1 SIM of �1 a Wald 7f kr6ea,pF]p Ltd�t� "wends"to Amend Section "i the 331•33 I g d alma 1.W ture•20 feet; bpRty i be or =Section Ard asgrce. ��e�ptenda frea;e 33• •3 I the 211.73 Depth d cover oar pipe- 'd Ptsmhtg SRytrr: Reran to dr testasllyyrr((i10 d eefdryeyt a irrlrR: 921.113 Seeks tow atPe ad errs w1L be and tae Gl 27.2,7,7.1 Width of acme-15 feet; ranee: 1vttrad Smart .2 Delete Ow 17.31.7,5 Malau n grade of 92L1M Manna; ew� oo�ddg'a In ttthee tat. arm 13 percent; 0uO1r eecand to%t Da 112.1,7,6 Flare radius.9 feet: �.y�1s��•1d�IeL�e�al�pT�; rdd�.p�lp�r inches: Depth of • t ac.0 roads apgRl[te Cie I.O'C;- bnedr erg 1,76.7 taratbn and wale p h_ pe SCRE trom 23.2.13 A atmenl '1'kloo U AL1CNAghte-d-wa7 and ail bows When netted by the that acceleration/sec _(pre a„ th ter al the mem thy)he Kest Am s Mar USED D Si^ Tenement a 1.92; in s Mar Coo ado Dlvl an p( Highways +hill. ltlR6tg sod went Or animal Art webs ra etkl jfl P'eaed SlR 1JR ; s sw'action 33Al.1to!W: 33LII a Gf aequipment. E �a�.i��US�FS w Or - • gr, outdoor "g:oT avh .e D.2.1.0 A erred S explameets the ecut to mate atR when that me vBmylg S 113E meets w repaired A d the sae sr TW Ma lei r� way end aria; 1D3' 2U3r..2.1.10 A statement explaining 73,71 - anew yam Ayrrg Smat7a�aettspa 3pt�y,�Rlypdrle thy vie r=requirements d the zone rt the Prenaned USE roes oman sad a'ak6a Plat lbe 216.lerablas G4, G ,se ter ma one dist d Salim 342.1.11 A Wtereent a la ddosalasa and ffd side sulks roesg��ae 4 ' thatOra iprehrmkleNgpFtpaadQana A Nlel� to reed• ed:fed requirementstea mild Abe 2}2.1.16.33 The loocation, rear, �,�y, 16 16.r.g, _type d S1. to 9 feet 921,11.1' No more than 85 eer1.A1QOSC other r EE�NI�IN�G�. ts, percent d�total eeice am d a = in barer,a otaer$CRF.ENLVG. silted the doe 1 aid te covered. to 10'ted nI te deemed covered 3�a vi tlr Department d h Y used (a troni1aia' moss, d Add•haw section{2321 to rat +roam,teem plants 4r dowers or 23.3.1 The Weld County Mlnumum spacing between .7 D is Wtenvt„ mutably ygps Mahe ,.ANDSCAPFD, Department of Planning Services 1616 the,11 be respot th la SrecrP We Amend Section 12.1]•1'4 164•. 7:,,2.1.112 met Ewen et a LOT 11 animation,. for Site Plan madam==doom.on Loy 2 r, in, Mae t ♦lrch abds a Dylan WIMOrpaRled read , war n .* mitLAN .Dt for o•. aDrr Wald 4CeoOYoty.lmva T7 On,he miinim mIOfl 423 3DAt4to 13•(K war Or.S 1616 nata ur of :ten f101angle tell, rrrrQpooa'al1hwtyrunes enter& that an - !aaw eta right' from 0ppgrtkn enematal requirements Amend won t2.1 3.5 to read: ,. 16:16.son ;the WWII the creator we motor w Nlnatlng .1y Mina=OFFSET 10 fee m WT. slows' ,,ad official an hided lie 10w.• &meson may_lase Girona the The RulbaltY and reapeneibWtY Renumber the maiming Seam ' Neared LANDSCAPED 81111.3. for making the decision to 42.133 m male with no crags e e a eatWYai.i •pprpve to the rat ties with fa a Sim art ntkf • rims with tie Department of 1616•. 1616 Pima Services. y E ORAfDum C. W. Kirby, Chairman Board of County Commissioners June 26, 1989 To—__—_— Date COLORADO From Walter J. Speckman, Executive Director, Human Resources Medical and Dental Agreements Between the Migrant Head Start subject Program and Sunrise Health Center Enclosed for Board approval are two (2) Purchase of Services Agreements for the Migrant Head Start Program. 1. Sunrise Community Health Center: The Health Center will provide medical services three times a week at the Greeley Head Start Center. Head Start agrees to reimburse the Health Center on a per encounter basis, at $10.00 per encounter, not to exceed $3,000.00. The term of this agreement is from May 8, 1989 through October 6, 1989. 2. Sunrise Community Health Center: The Health Center will provide dental services to Migrant Head Start. Head Start agrees to reimburse the Health Center $30.00 per child for services, not to exceed a maximum of $3,600.00. The term of this agreement is from May 8, 1989 through October 6, 1989. , , , .1 '�Y '44 r,+ (:� n«`Y} + r, C e ry:;;` 44 nn, �w y. t vtits G ✓.rov r. ^V u. 4. .J` 41r+'sd "Ma`.! .r"' ,r iM r- � "'t r nh � °I.r " i� ' -' " 't tf'.�� ^4A+'4it.`' r, up ,5a . •" June 26. 1989 TO: .Clerk"-ta the Board fR: . Jeannie Tacker RE: :Medical And .Dental Agreements Between Migrant i Head'.Start and Sunrise Health Center: q ' Enclosed are three (3) copies of this agreement. Please return 'two (2) of them once".they have been signed. 890535 PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 26th day of June 1989, by and between the Weld County Division of Human Resources' Migrant Head Start Program, hereinafter referred to as "Head Start," and Sunrise Community Health Center, hereinafter referred to as "Health Center." WITNESSETH THAT Head Start and the Health Center, for and in consideration of the covenants and agreements herein expressed, do hereby agree as follows: 1. MEDICAL SERVICES: a, The Health Center shall provide the health services for the Greeley Head Start Center, located at 520 13th Avenue, Greeley, Colorado. b. The Health Center shall provide the services of a Health Provider to Head Start. The Health Provider will be present at the Head Start Center for one to two (1-2) hours, three (3) time a week. The Health Center will be responsible for the Health Provider's mileage to and from the Head Start Center. 2. MAXIMUM REIMBURSEMENT: Head Start agrees to reimburse the Health Center on a per encounter basis, at $10.00 per encounter. The maximum amount to be reimbursed to the Health Center under this agreement will not exceed $3,000.00. The above cited rate will pay for all health services. Prescriptions will not be covered in the above cited rate. The Health Center will submit a bill by the 10th of the month for the preceding month, showing the number of encounters, to Weld County Division of Human Resources' Fiscal Department, P. 0. Box 1805, Greeley, Colorado 80632. Payment w₹1l be made within 14 days of receipt of the invoice. 3. TERM OF AGREEMENT: The term of the Agreement is from May 8, 1989 through October 6, 1989. 4. AMENDMENTS: This agreement may be amended at any time with the written mutual consent of the parties hereto. 5. CANCELLATION: The Health Center and Head Start mutually agree that is agreement may be cancelled by either party after a thirty (30) day written notice has been provided to the other party; however, this agreement will be terminated immediately in the event funding for the Migrant Head Start Program is stopped. 890335 6. ASSURANCES: a. The Health Program agrees that it is an independent contractor and its officers, agents, or employees do not become employees of Weld County, and therefore are not entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. b. The Health Program shall provide adequate liability and workers' compensation for all its employees, volunteers, and agents engaged in the performance of this Agreement. Likewise, Head Start, by and through the Board of Weld County Commissioners, shall provide adequate liability and workers' compensation insurance for all its employees, volunteers, and agents engaged in the performance of this Agreement. c. No officer, member, or employee of Weld County, and no member of their governing bodies, shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. d. The Health Program understands that monitoring and evaluation of the performance of this Agreement shall be conducted by the Weld County Department of Human Resources and the results provided to the Board of Weld County Commissioners. e. The Health Program assures that it will comply with Title VI of the Civil Rights Act of 1986 and that no person shall , on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under the approved Agreement. IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly executed as of the day, month, and year first hereinabove set forth. BOARD OF WELD COUNTY COMMISSIONERS SUNRISE COMMUNITY HEALTH CENTER C. w. irby, Chai an l2zcar o uL taro, idorr WELD COUNTY DIVISION OF HUMAN RESOURCES ATTEST: Weld County C erk and Recorder and Clerk to the Board W ��dOr /) a1e Speckman Dep�ty County Cier i' Executive Director 890535 PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 26th day of June 1989, by and between the Weld County Division of Human Resources' Migrant Head Start Program, hereinafter referred to as "Head Start," and Sunrise Community Health Center, hereinafter referred to as "Health Center." WITNESSETH THAT Head Start and the Health Center, for and in consideration of the covenants and agreements herein expressed, do hereby agree as follows: 1. DENTAL SERVICES: a, The Health Center shall provide prophylaxis therapy and application of topical fluoride for each Head Start child. The Health Center agrees to provide restoration and/or extractions as is deemed necessary on each referred child. b. Head Start agrees to transport the Head Start children to the Health Center to meet the scheduled dental appointments. 2. FUNDING: Head Start agrees to reimburse the Health Center $30.00 per child for services. The total maximum amount to be reimbursed to the Health Program by Head Start under this agreement will not exceed $3,600.00. The Health Center will submit a bill by the 10th of the month for the preceding month, showing the number of children served, to Weld County Division of Human Resources' Fiscal Department, P. 0. Box 1805, Greeley, Colorado 80632. Payment will be made within 14 days of receipt of the invoice. 3. TERM OF AGREEMENT: The term of the Agreement is from May 8, 1989 through October 6. 1989. 4. AMENDMENTS: This agreement may be amended at any time with the written mutual consent of the parties hereto. 5. CANCELLATION: The Health Center and Head Start mutually agree that is agreement may be cancelled by either party after a thirty (30) day written notice has been provided to the other party; however, this agreement will be terminated immediately in the event funding for the Migrant Head Start Program is stopped. 890535 N 6. ASSURANCES: a. The Health Program agrees that it is an independent contractor and its officers, agents, or employees do not become employees of Weld County, and therefore are not entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. b. The Health Program shall provide adequate liability and workers' compensation for all its employees, volunteers, and agents engaged in the performance of this Agreement. Likewise, Head Start, by and through the Board of Weld County Commissioners, shall provide adequate liability and workers' compensation insurance for all its employees, volunteers, and agents engaged in the performance of this Agreement. c. No officer, member, or employee of Weld County, and no member of their governing bodies, shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. d. The Health Program understands that monitoring and evaluation of the performance of this Agreement shall be conducted by the Weld County Department of Human Resources and the results provided to the Board of Weld County Commissioners. e. The Health Program assures that it will comply with Title VI of the Civil Rights Act of 1986 and that no person shall , on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under the approved Agreement. IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly executed as of the day, month, and year first hereinabove set forth. BOARD OF WELD COUNTY COMMISSIONERS SUNRISE COMMUNITY HEALTH CENTER eal C. W.Kl y, Chai n 4douceroftor WELD COUNTY DIVISION OF HUMAN �7'292T�` RESOURCES ATTEST: Weld County Clerk and Recorder and Clerk to the Board 8 WT / . peckman a uty ounty er Executive Director 890535 fits E ORARDUfTI T t ,w C. W. Kirby, Chairman 1To Board of County Commissioners June 26 _1989 COLORADO From Walter J. Speckman, Executive Director, Human Resources GUa_.,p'�� Subject Four (4) _Purchase of Services Agreements Enclosed for Board approval are four (4) Purchase of Services Agreements between Employment Services of Weld County and the following Contractors: Sue La Marsh, Hank DePetro, Sandy Gorman, and Kathy Petri. The Purchase of Services Agreements outline terms and conditions by which these Contractors will provide specialized employment and remediation educational programs for the Summer Youth Employment and Training Program enrollees. The classes are three (3) hours in duration for an eight week period. The Contractors conduct between two (2) and three (3) classes per week. The Contractors and cost per Agreement are as follows: Contractor Cost 1. Sue La Marsh $1,200 2. Hank DePetro (School District 6 instructor) $1,800 3. Sandy Gorman Fort Lupton - RE-8 instructor) $1,200 4. Kathy Petri (School District 6 instructor $1,200 If you have any questiioongs. please telephone me at 353-3816. 44 Y 1 V f A -44 21, ,At R1.� P Y� u�f°(Y,,�� v e�� 4 yfN 4\ ( �MAf� s Yt r k!F]lCfkAMDtht TO:. "Clerk te;the Board ; ft: Mary.Ann Garcia RE: -,Purchase of Services Agrwnents 4 Between HRD:and Sue,La Marsh, Hank DePetro, Sandy Dorman• and Kathy Petrt. Enclosed are three (3)-copies of each Agreement. Please return t(io (2) copies of each once"they are signed. 890 541 PURCHASE OF SERVICES THIS AGREEMENT, made and entered into this 26th day of June, 1989, by and between the Weld County Division of Human Resources' Employment Services of Weld County, hereinafter referred to as "Employment Services," and Sue La Marsh, hereinafter referred to as "Contractor," WITNESS£TH: WHEREAS, Employment Services delivers employment services to youth throughout Weld County; and WHEREAS, Employment Services is interested in providing education and training programs for the Youth Employment and Training Programs; and WHEREAS, the Contractor can provide a specialized remedial education program for eligible clientele. NOW THEREFORE, in consideration of the promises, the parties hereto covenant and agree as follows: 1. Definitions/Assumptions: a. A session is composed of classes conducted each week. Every week the session is based on a different subject. There will be eight (8) sessions conducted under the terms of this agreement. b. A class is three (3) hours in duration. c. Each class is composed of groups of up to twenty-five (25) youth. d. The classes will be conducted in Greeley, at Heath Jr. High. e. A total of sixteen (16) classes will be held. f. The classes will be held on Wednesdays. 2. Responsibilities of the Contractor are to: a. Plan and present two (2) classes on a weekly basis for the Employment Services' Youth Employment and Training Program. b. Present the morning and afternoon classes between the time period of June 21, 1989 and August 9, 1989. Morning classes are from 8:30 - 11:30 a.m. and afternoon classes are from 1:00 - 4:00 p.m. c. Provide Employment Services with the curriculum and objectives for each session, the teaching methods, and documentation or evaluations to be used to measure the individual youth's achievement. d. Take class attendance, verify hours of each youth, and provide class attendance sheets to E mployment Services. e. Provide all class materials. 890541 f. Provide Employment Services with participant evaluations following each class. 3. Responsibilities of Employment Services are to: a. Arrange for classroom space for all classes and to provide notification of the location and date/time to the Contractor and participants. b. Arrange for transportation of the youth employees to and from the classes. c. Monitor the classes. Times and amount of monitoring will be determined by Employment Services. d. Approve the curriculum, methods, and documentation or evaluation to be used for each class. 4. Operational Time Frame: This agreement will be in effect from June 21, 1989 through August 9, 1989, 5. Reimbursement: In consideration of the services provided by the Contractor, Employment Services will reimburse the Contractor at the rate of $75.00 per class for a reimbursement of $1,200.00 ($75.00 per class x 2 classes per week x 8 weeks = $1,200.00). Additional charges will be assessed as follows: Whenever the maximum enrollment level of 25 per class is exceeded, the Contractor may charge Employment Services an additional $10.00 for each individual over the maximum enrollment level . This amount is in addition to the normal charge of $75.00 per class and is based on attendance records which will be maintained by Employment Services. Reimbursement will be made within thirty (30) days of the completion of the classes and with the stipulation that all participant evaluations have been received by Employment Services. 6. Assurances: The Contractor agrees that she is an independent contractor and neither she nor her officers and employees become employees of Weld County, and therefore are not entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of the Contractor, or her employees, volunteers, or agents while performing Contractor's duties as described in this Agreement. The Contractor shall indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld 890541 County, its officers and employees for any loss occasioned as a result of the performance of this Agreement by Contractor, her employees, volunteers, and agents. The Contractor understands that monitoring and evaluation of the performance of this Agreement shall be conducted by Employment Services and the results provided to the Weld County Private Industry Council and the Board of County Commissioners of Weld County. The Contractor assures that she will comply with Title VI of the Civil Rights Act of 1986 and that no person shall , on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this approved Agreement. 6. Amendment of Agreement: Employment Services and the Contractor consent that this agreement may be amended at any time with the mutual written consent of both parties. 7. Termination of Agreement: Employment Services and the Contractor consent that this agreement may be terminated upon thirty (30) days written notice by either party. Furthermore, this agreement and all contracts associated with this agreement will be terminated immediately if the funding provided by the Job Training Partnership Act (JTPA) is withdrawn by the Governor's Job Training Office or the U.S. Department of Labor. IN WITNESS WHEREOF, the parties hereunto have caused this agreement to be duly executed as of the day and year first hereinabove set forth. WELD COUNTY BOARD OF COMMISSIONERS CONTRACTOR 722a4-cij t. W Ki C" hair)in ueS La Mars WELD COUNTY DIVISION OF HUMAN ;tfilgRESOURCES ATTEST: WELD COUNTY CL K AND RECORDER AND CLERK TO THE BOAR a to . pec man, xecut ve irector By- putt' ounty er 890341 PURCHASE OF SERVICES THIS AGREEMENT, made and entered into this 26th day of June, 1989, by and between the Weld County Division of Human Resources' Employment Services of Weld County, hereinafter referred to as "Employment Services," and Hank DePetro, hereinafter referred to as "Contractor," WITNESSETH: WHEREAS, Employment Services delivers employment services to youth throughout Weld County; and WHEREAS, Employment Services is interested in providing education and training programs for the Youth Employment and Training Programs; and WHEREAS, the Contractor can provide a specialized remedial education program for eligible clientele. NOW THEREFORE, in consideration of the promises, the parties hereto covenant and agree as follows: 1. Definitions/Assumptions: a. A session is composed of classes conducted each week. Every week the session is based on a different subject. There will be eight (8) sessions conducted under the terms of this agreement. b. A class is three (3) hours in duration. c. Each class is composed of groups of up to twenty-five (25) youth. d. The classes will be conducted in Greeley, at Heath Jr. High. e. A total of twenty-four (24) classes will be held. f. The classes will be held in the morning and afternoon on Wednesdays and in the morning on Thursdays. 2. Responsibilities of the Contractor are to: a. Plan and present three (3) classes on a weekly basis for the Employment Services' Youth Employment and Training Program. b. Present the classes between the time period of June 21, 1989 and August 10, 1989. Morning classes are from 8:30 - 11:30 a.m. and afternoon classes are from 1:00 - 4:00 p.m. c. Provide Employment Services with the curriculum and objectives for each session, the teaching methods, and documentation or evaluations to be used to measure the individual youth's achievement. d. Take class attendance, verify hours of each youth, and provide class attendance sheets to Employment Services. e. Provide all class materials. 890541 f. Provide Employment Services with participant evaluations following each class. 3. Responsibilities of Employment Services are to: a. Arrange for classroom space for all classes and to provide notification of the location and date/time to the Contractor and participants. b. Arrange for transportation of the youth employees to and from the classes. c. Monitor the classes. Times and amount of monitoring will be determined by Employment Services. d. Approve the curriculum, methods, and documentation or evaluation to be used for each class. 4. Operational Time Frame: This agreement will be in effect from June 21, 1989 through August 10, 1989. 5. Reimbursement: In consideration of the services provided by the Contractor, Employment Services will reimburse the Contractor at the rate of 575.00 per class for a reimbursement of $1,800.00 ($75.00 per class x 3 classes per week x 8 weeks = $1,800.00). Additional charges will be assessed as follows: Whenever the maximum enrollment level of 25 per class is exceeded, the Contractor may charge Employment Services an additional $10.00 for each individual over the maximum enrollment level . This amount is in addition to the normal charge of $75.00 per class and is based on attendance records which will be maintained by Employment Services. Reimbursement will be made within thirty (30) days of the completion of the classes and with the stipulation that all participant evaluations have been received by Employment Services. 6. Assurances: The Contractor agrees that he is an independent contractor and neither he nor his officers and employees become employees of Weld County, and therefore are not entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of the Contractor, or his employees, volunteers, or agents while performing Contractor's duties as described in this Agreement. The Contractor shall indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld 890341 County, its officers and employees for any loss occasioned as a result of the performance of this Agreement by Contractor, his employees, volunteers, and agents. The Contractor understands that monitoring and evaluation of the performance of this Agreement shall be conducted by Employment Services and the results provided to the Weld County Private Industry Council and the Board of County Commissioners of Weld County. The Contractor assures that he will comply with Title VI of the Civil Rights Act of 1986 and that no person shall , on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this approved Agreement. 6. Amendment of Agreement: Employment Services and the Contractor consent that this agreement may be amended at any time with the mutual written consent of both parties. 7. Termination of Agreement: Employment Services and the Contractor consent that this agreement may be terminated upon thirty (30) days written notice by either party. Furthermore, this agreement and all contracts associated with this agreement will be terminated immediately if the funding provided by the Job Training Partnership Act (JTPA) is withdrawn by the Governor's Job Training Office or the U.S. Department of Labor. IN WITNESS WHEREOF, the parties hereunto have caused this agreement to be duly executed as of the day and year first hereinabove set forth. WELD COUNTY BOARD OF COMMISSIONERS CONTRACTOR 744 , C. W. Irby, Chaigman Han De'etro WELD COUNTY DIVISION OF HUMAN /02Lti RESOURCES ATTEST: / WELD COUNTY CLERK AND RECORDER fi AND CLERK TO THE BOA a . pec man, xecutive irector `By.• / !*r1c�x�o1 (,ikcav ) h..uty County Cler 890541 PURCHASE OF SERVICES THIS AGREEMENT, made and entered into this f day of June. 1989, by and between the Weld County Division of Human Resour'Ees' Employment Services of Weld County, hereinafter referred to as "Employment Services," and Sandy Gorman, hereinafter referred to as "Contractor," WITNESSETH: WHEREAS, Employment Services delivers employment services to youth throughout Weld County; and WHEREAS, Employment Services is interested in providing education and training programs for the Youth Employment and Training Programs; and WHEREAS, the Contractor can provide a specialized remedial education program for eligible clientele. NOW THEREFORE, in consideration of the promises, the parties hereto covenant and agree as follows: 1. Definitions/Assumptions: a. A session is composed of classes conducted each week. Every week the session is based on a different subject. There will be eight (8) sessions conducted under the terms of this agreement. b. A class is three (3) hours in duration. c. Each class is composed of groups of up to fifteen (15) youth in the remediation class and twenty-five (25) youth in the pre-employment class. d. The classes will be conducted in Fort Lupton. e. A total of sixteen (16) classes will be held. f. The classes will be held on Wednesdays. 2. Responsibilities of the Contractor are to: a. Plan and present two (2) classes on a weekly basis for the Employment Services' Youth Employment and Training Program. b. Present the classes between the time period of June 21, 1989 and August 9, 1989. Morning remediation classes are held from 8:30 - 11:30 a.m. and afternoon pre-employment classes are held from 1:00 - 4:00 p.m. at Fort Lupton High. c. Provide Employment Services with the curriculum and objectives for each session, the teaching methods, and documentation or evaluations to be used to measure the individual youth's achievement. d. Take class attendance, verify hours of each youth, and provide class attendance sheets to Employment Services. 890541 Agreement, Sandy Gorman Page 2 e. Provide all class materials. f. Provide Employment Services with participant evaluations following each class. 3. Responsibilities of Employment Services are to: a. Arrange for classroom space for all classes and to provide notification of the location and date/time to the Contractor and participants. b. Arrange for transportation of the youth employees to and from the classes. c. Monitor the classes. Times and amount of monitoring will be determined by Employment Services. d. Approve the curriculum, methods, and documentation or evaluation to be used for each class. 4. Operational Time Frame: This agreement will be in effect from June 21, 1989 through August 9, 1989. 5. Reimbursement: In consideration of the services provided by the Contractor, Employment Services will reimburse the Contractor at the rate of $75.00 per class for a reimbursement of $1,200.00 ($75.00 per class x 2 classes per week x 8 weeks = $1,200.00). Additional charges will be assessed as follows: Whenever the maximum enrollment level of 15 per remediation class or 25 per pre-enrollment is exceeded, the Contractor may charge Employment Services an additional $10.00 for each individual over the maximum enrollment level. This amount is in addition to the normal charge of $75.00 per class and is based on attendance records which will be maintained by Employment Services. Reimbursement will be made within thirty (30) days of the completion of the classes and with the stipulation that all participant evaluations have been received by Employment Services. 6. Assurances: The Contractor agrees that she is an independent contractor and neither she nor her officers and employees become employees of Weld County, and therefore are not entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. 890341 Agreement, Sandy Gorman Page 3 Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of the Contractor, or her employees, volunteers, or agents while performing Contractor's duties as described in this Agreement. The Contractor shall indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld County, its officers and employees for any loss occasioned as a result of the performance of this Agreement by Contractor, her employees, volunteers, and agents. The Contractor understands that monitoring and evaluation of the performance of this Agreement shall be conducted by Employment Services and the results provided to the Weld County Private Industry Council and the Board of County Commissioners of Weld County. The Contractor assures that she will comply with Title VI of the Civil Rights Act of 1986 and that no person shall , on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this approved Agreement. 6. Amendment of Agreement: Employment Services and the Contractor consent that this agreement may be amended at any time with the mutual written consent of both parties. 7. Termination of Agreement: Employment Services and the Contractor consent that this agreement may be terminated upon thirty (30) days written notice by either party. Furthermore, this agreement and all contracts associated with this agreement will be terminated immediately if the funding provided by the Job Training Partnership Act (JTPA) is withdrawn by the Governor's Job Training Office or the U.S. Department of Labor. IN WITNESS WHEREOF, the parties hereunto have caused this agreement to be duly executed as of the day and year first hereinabove set forth. WELD COUNTY BOARD OF COMMISSIONERS CONTRACTOR �� amp C. W. it y, t airm S ndy o n isitinni WELD COUNTY DIVISION OF HUMAN • RESOURCES ATTEST: '4— , WELD COUNTY C RK AND RECORDER J11--,_______ AND CLERK TO THE BOAR a Speckman, Executive Director ep yCounty e 890541 PURCHASE OF SERVICES THIS AGREEMENT, made and entered into this 26th day of June, 1989, by and between the Weld County Division of Human ReiZUFFF7T7Floyment Services of Weld County, hereinafter referred to as "Employment Services," and Kathy Petri , hereinafter referred to as "Contractor," WITNESSETH: WHEREAS, Employment Services delivers employment services to youth throughout Weld County; and WHEREAS, Employment Services is interested in providing education and training programs for the Youth Employment and Training Programs; and WHEREAS, the Contractor can provide a specialized remedial education program for eligible clientele. NOW THEREFORE, in consideration of the promises, the parties hereto covenant and agree as follows: 1. Definitions/Assumptions: a. A session is composed of classes conducted each week. Every week the session is based on a different subject. There will be eight (8) sessions conducted under the terms of this agreement. b. A class is three (3) hours in duration. c. Each class is composed of groups of up to twenty-five (25) youth. d. The classes will be conducted in Greeley, at Heath Jr. High. e. A total of sixteen (16) classes will be held. f. The classes will be held on Thursdays. 2. Responsibilities of the Contractor are to: a. Plan and present two (2) classes on a weekly basis for the Employment Services' Youth Employment and Training Program. b. Present the morning and afternoon classes between the time period of June 15, 1989 and August 3, 1989. Morning classes are from 8:30 - 11:30 a.m. and afternoon classes are from 1:00 - 4:00 p.m. c. Provide Employment Services with the curriculum and objectives for each session, the teaching methods, and documentation or evaluations to be used to measure the individual youth's achievement. d. Take class attendance, verify hours of each youth, and provide class attendance sheets to Employment Services. e. Provide all class materials. 890341 f. Provide Employment Services with participant evaluations following each class. 3. Responsibilities of Employment Services are to: a. Arrange for classroom space for all classes and to provide notification of the location and date/time to the Contractor and participants. b. Arrange for transportation of the youth employees to and from the classes. c. Monitor the classes. Times and amount of monitoring will be determined by Employment Services. d. Approve the curriculum, methods, and documentation or evaluation to be used for each class. 4. Operational Time Frame: This agreement will be in effect from June 15, 1989 through August 3, 1989. 5. Reimbursement: In consideration of the services provided by the Contractor, Employment Services will reimburse the Contractor at the rate of $75.00 per class for a reimbursement of $1,200.00 ($75.00 per class x 2 classes per week x 8 weeks = $1,200.00). Additional charges will be assessed as follows: Whenever the maximum enrollment level of 25 per class is exceeded, the Contractor may charge Employment Services an additional $10.00 for each individual over the maximum enrollment level . This amount is in addition to the normal charge of $75.00 per class and is based on attendance records which will be maintained by Employment Services. Reimbursement will be made within thirty (30) days of the completion of the classes and with the stipulation that all participant evaluations have been received by Employment Services. 6. Assurances: The Contractor agrees that she is an independent contractor and neither she nor her officers and employees become employees of Weld County, and therefore are not entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of the Contractor, or her employees, volunteers, or agents while performing Contractor's duties as described in this Agreement. The Contractor shall indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld 890541 County, its officers and employees for any loss occasioned as a result of the performance of this Agreement by Contractor, her employees, volunteers, and agents. The Contractor understands that monitoring and evaluation of the performance of this Agreement shall be conducted by Employment Services and the results provided to the Weld County Private Industry Council and the Board of County Commissioners of Weld County. The Contractor assures that she will comply with Title VI of the Civil Rights Act of 1986 and that no person shall , on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this approved Agreement. 6. Amendment of Agreement: Employment Services and the Contractor consent that this agreement may be amended at any time with the mutual written consent of both parties. 7. Termination of Agreement: Employment Services and the Contractor consent that this agreement may be terminated upon thirty (30) days written notice by either party. Furthermore, this agreement and all contracts associated with this agreement will be terminated immediately if the funding provided by the Job Training Partnership Act (JTPA) is withdrawn by the Governor's Job Training Office or the U.S. Department of Labor. IN WITNESS WHEREOF, the parties hereunto have caused this agreement to be duly executed as of the day and year first hereinabove set forth. WELD COUNTY BOARD OF COMMISSIONERS CONTRACTOR • C. W1.1Kirb ha7r an t i etri WELD COUNTY DIVISION OF HUMAN � RESOURCES ATTEST: n WELD COUNTY C RK AND RECORDER AND CLERK TO THE BOAR a r . peckman, Executive Director ep ty ounty er 690541 mE oRAfDUm 49, c. W. Kirby, Chairman Board rd of County Commissioners .t oe June 26, 1989 COLORADO From Walter J. Speckman, Executive Director, Human Resources dot e, s� Purchase of Services Agreement Between Human Resources or, and WELDCOS Enclosed for Board approval is a Purchase of Services Agreement between the Weld County Division of Human Resources and the WELDCO Senior Aide Coordinators. This agreement will be for the period of July 26, 1989 through February 28, 1990. 1. Human Resources hereby agrees to award monies under the Community Services Block Grant in the sum of $4,500 to WELDCOS. 2. The WELOCOS agree to provide 22,500 miles of transportation at 20t per mile through community volunteer drivers to approximately 150 rural Weld County senior citizens. If you have any questions, please telephone me at 353-3816. k1rl o- U' " r O 4 per W 1r fwN Nyy7 S r h nT dY v a p /• v sr ,u w rx ,rw,.,, , j rr w•y, r' �t�T +. ei��i M" rr • J. Tt);• CLEAR TO THE BOW FR:, ` LINDA. PIPER �. PURCHASE OF SERVICES AGREEMENT ;BETWEEN :HRD.AND itaccOS : _ Enclosed;are three copies of this agreement. Please return two of thew: once';they are signed. 890540 R/'0037 PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 26th day of June , 1988, by and between the Weld County Division of`Fran Resources, Weld County Government, hereinafter referred to as "HUMAN RESOURCES", and the Senior Aide Coordinators, hereinafter referred to as "WELDCOS." WITNESSETH: WHEREAS, HUMAN RESOURCES and the WELDCOS are desirous of providing transportation services to senior citizens of Weld County, and WHEREAS. HUMAN RESOURCES administers the Community Service Block Grant Programs. NOW, THEREFORE, it is mutually agreed that: 1. HUMAN RESOURCES hereby agrees to award monies under the Community Services Block Grant in the sum of $4,500.00 to WELDCOS. 2. The WELDCOS agree to provide 22,500 miles of transportation at 20@ per mile through community volunteer drivers to approximately 150 rural Weld County senior citizens. 3. The WELDCOS agree that older persons with the greatest economic and social need will be given priority for transportation services. 4. The WELDCOS agree to give transportation priority for medical need, personal services such as shopping and paying of bills, and rides to and from meal sites. 5. The WELDCOS agree to reimburse community volunteer drivers at the approved mileage reimbursement rate for Weld County employees. 6. The services of this Agreement are to commence within thirty (30) days after the signing of this Agreement and shall be undertaken to such sequences as to assure completion of all services required hereunder by February 28, 1990. 7. HUMAN RESOURCES agrees to reimburse the WELDCOS for all eligible project costs up to but not exceeding the sum of $4,500.00. 8. The WELDCOS agree to provide a minimum of ten percent (10%) in-kind or cash match based on the total award as per the grant proposal . 9. The WELDCOS agree to document and report any project income received as a result of services provided under this Agreement. 10. The WELDCOS agree to include the following statement in any written materials (pamphlets, brochures, announcements, etc.) or in any verbal presentations: "The WELDCOS is supported, in part, by funds provided by the Division of Human Resources through the Community Services Block Grant Program." 890540 11. The WELDCOS understands that HUMAN RESOURCES is required to conduct periodic evaluations of the activities conducted under this Agreement and to monitor on an ongoing basis the performance of the WELDCOS to ensure that the funds made available by this Agreement are expended in keeping with the purposes for which they were awarded; and the WELDCOS accordingly agree to cooperate fully with HUMAN RESOURCES in the conduct of such evaluation and monitoring, including the keeping and supplying of such information, and providing access to documents and records to HUMAN RESOURCES for the purpose of audit; and further agrees to do all things necessary to enable HUMAN RESOURCES to fulfill its obligation to the State of Colorado and the United States Government. 12. Any changes, including any increase or decrease in the amount of the WELDCOS' compensation, and including changes in budget which are mutually agreed upon by and between HUMAN RESOURCES and WELDCOS, shall be incorporated in written amendments to the Agreement and in appropriate revisions to the grant proposal . 13. The WELOCOS understand and agree that the following provisions are part of the official application and as such become binding upon commencement of the project: a. Agree that the project will be carried out in accordance with the Federal program and fiscal regulations in making this award of funds; specifically, agree to abide by the dollar amounts as shown in the budget by program and cost categories. b. Understand that if there is Federal/State cash unearned at the time the project is terminated, this amount must be returned to HUMAN RESOURCES unless HUMAN RESOURCES otherwise stipulates. c. Understand that the project's fiscal affairs are subject to audit. If costs are disallowed, the proportion of Federal/State funds disallowed must be returned to HUMAN RESOURCES. d. Understand that this award is made for the period and amounts stated in this Agreement. This Agreement in no way implies further funding which is contingent upon the availability of funds and approval of future project applications. e. Agree to keep records and make reports on the forms required by HUMAN RESOURCES and in accordance with guidelines issued by the State of Colorado and the Community Services Block Grant, specifically: . To submit a monthly financial and programmatic report to HUMAN RESOURCES by the 10th of the month; ▪ To submit a final financial report within 45 days after the end of the fiscal year; . To submit other reports to HUMAN RESOURCES as requested. 890540 14. This Agreement may be terminated upon thirty (30) days written notice by either party. This Agreement shall be terminated immediately in the event of loss of funding to HUMAN RESOURCES. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first written above. BOARD OF COUNTY COMMISSIONERS WELDCOS • C. W` 11/114*,K Cha is nora o, resident WELD COUNTY DIVISION OF HUMAN RESOURCES 7kralter . Speckman, Executive Director ATTEST: 20 Weld County C erk and Recorder and Clerk to the Roar I puty County Clerle 890540 r(� mE ORAf DU ��, C. W. Kirby, Chairman To Board of County Commissioners Date June 26, 1989 1119€ Walter J. Speckman, Executive Director, Human Resources ; Ice-O/1" From _ Purchase of Services Agreement Between Weld County Human Resources and GreeThitransitional House Enclosed for Board approval is a Purchase of Services Agreement between Weld County Division of Human Resources and Greeley Transitional House. Human Resources is providing Emergency Shelter Grant funds to Transitional House in the amount of 510,000. The funds will be used to cover the daily operational costs of providing services for the homeless. This agreement shall be in effect for the period of July 1, 1989 through June 30, 1990. If you have any questions, please telephone me at 353-3816. a .:'4'67,\ »4 ,, A 5-:F'.. r,, '1as ., b. June 26, x989 TO: clerk to the Board ' `. FR: _ 'Minnie-Tacker , RE:" Purchase of'Services "' ` between Hunan Resources and ` Transitional ;House- 's Enclosed for. Board approval 'are-three 'copies,.of this agreement. . Please return two of them once they are signed. r ; c rl i „ )—4 �� _ 69053 �' a PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 26th day of June, 1989, by and between the Board of County Commissioners of Weld County, Colorado, by and through the Weld County Division of Human Resources, hereinafter referred to as "HRD", and Greeley Transitional House, hereinafter referred to as "Transitional House". WITNESSETH: WHEREAS, HRD has applied for and been awarded Emergency Shelter Grant funds through the Stewart B. McKinney Homeless Assistance Act of 1987, and WHEREAS, HRD desires to provide emergency shelter funds to eligible entities who are providing essential services to homeless individuals, and WHEREAS, Transitional House is desirous of utilizing the Emergency Shelter Grant funds for operational costs of providing services to homeless individuals. NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, the parties hereto covenant and agree as follows: 1. TERM This Agreement shall be in effect for the period July 1, 1989, through June 30, 1990, and is subject to the availability of funding. 2. FUNDING HRD agrees to provide funds totaling $10,000.00 for the period of July 1, 1989 through June 30, 1990 to cover project costs as outlined in Attachment A. 3. IN-KIND MATCH Transitional House agrees to furnish in-kind match to HRD in accordance with policies and procedures provided by HRD. The in-kind match shall equal $10,000.00. Transitional House agrees to submit the specific forms, provided by HRO, for billing and in-kind documentation. For each billing received by HRD an in-kind match, totalling $10,000.00, and its appropriate documentation must be provided to and received by HRD no later than June 30, 1990. 4. TRANSITIONAL HOUSE RESPONSIBILITIES a. To submit a monthly billing and in-kind documentation to HRD on the appropriate forms. b. To provide monthly reports to HRD on the numbers of clients served. c. To provide a final program report to HRD outlining the results of the program. 890539 5. HRD RESPONSIBILITIES a. To provide funding of $10,000.00 for the project on behalf of Transitional House under the provisions of the Stewart B. McKinney Homeless Assistance Act. b. To provide Transitional House with the necessary billing invoices, in-kind documentation forms, and inventory documentation forms. 6. MODIFICATION OF AGREEMENT All modifications to this Agreement shall be in writing and signed by both parties. 7. ASSIGNMENT This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. Transitional House may not assign any part of its rights or obligations hereunder without the prior written consent of HRD. B. APPLICABLE LAW Transitional House agrees to follow the policies and procedures of HRD as construed in accordance with the Stewart B. McKinney Homeless Assistance Act, Weld County Home Rule Charter, and other applicable laws and regulations. 9. ASSURANCES a. Transitional House agrees that it is an independent contractor and its officers and employees do not become employees of Weld County, and therefore are not entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. b. Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of Transitional House, or its employees, volunteers, or agents while performing Transitional House duties as described in this Agreement. Transitional House shall indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld County, its officers and employees for any loss occasioned as a result of the performance of this Agreement by Transitional House, its employees, volunteers, and agents. Transitional House shall provide Workers' Compensation Insurance for all employees of Transitional House engaged in the performance of this Agreement, as required by the Colorado Workers' Compensation Act. c. No officer, member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. d. Transitional House understands that monitoring and evaluation of the performance of this Agreement shall be conducted by HRD and the results provided to the Weld County Board of County Commissioners. 890539 e. Transitional House assures that it will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall , on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this approved Agreement. 10. TERMINATION This Agreement may be terminated at any time by either party giving thirty (30) days written notice, and is subject to the availability of funding. 11. ENTIRE AGREEMENT This Agreement, together with Attachment A hereto which is hereby made a part of this Agreement, constitutes the entire understanding between the parties with respect to the subject matter hereof and may not be changed or modified except as stated in Paragraph 6 herein. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day, month, and year first above written. THE BOARD OF COUNTY COMMISSIONERS GREELEY TRANSITIONAL HOUSE OF WELD COUNTY, COLORADO y, riel ttlus i c-f C. W. Kirby, Ch rman M"chae7 Muslin Executive Director WELD COUNTY DIVISION OF HUMAN RESOURCES u , ., , alif cXani 4/O- ATTEST: Wel C unty Clerk and Recorder WJ. Speckman and erk to the Boa Executive Director ,putt' ounty er_ 1 800339 ATTACHMENT A Budget Summary Greeley Transitional House Operations Utilities $ 3,500.00 Supplies 1,400.00 Repair and Maintenance 1,000.00 Telephone 1,400.00 Insurance 1,700.00 Equipment 370.00 Telephone 630.00 Total 510,000.00 890539 ft,i(1 ME ORAfDU C. W. Kirby, Chairman ',ilkTo Board of County Commissioners Date June 26, 1989 COLORADO From_Walter_J.—SP.QC.Igi0ns_Executj_v_e_2 r€Ctor umdn_R_esourc_ei_. a/ze subject: PurCha3e—0f Se?'vi-CeS_AGreenent_getwepn.Jiumdn Resources and University of Northern Colorado for speech and language Therapy Enclosed for Board approval is an agreement between Weld County Head Start and the Speech-Language Pathology Clinic of the University of Northern Colorado. The University is agreeing to provide speech and language therapy to all Head Start children in the Greeley Center who have a need that might impair their communication or learning. Head Start agrees to pay the University $9,093 for the services provided throughout the 1989-1990 school year. The University will perform the following services from August 6, 1989 though May 12, 1990. 1) Provide diagnostic speech evaluations for 30 children 2) Provide 300 children with an individual therapy session at 45 minutes per session. 3) Provide case review and case review meetings 4) Provide student consultation with Head Start staff 5) Provide student conference with parents once a term 7 C t4N 4. t r y°? "+,Ge j\,,, '^ Ta F=�,,t ati * 4,.:,....:4- 1-€.44--...;.:,'•:.z. .,,:.,..-•"„...�r"'" '1. y,�`" , ,�,.f � ,`j�v° �r�y�FL t"�ti {L �h�'? �^�`�`°�'t��'�r k"�"�' �r � I``Y L r f 't.,%'';',...;:} � F z 4 Y Y� °4 .1 '411 i3/4:�Y F Yf ef A `ct K�t11 h . d k b h 74'Y t ,,. y l y4 5 z ri�Id � ' v a;jr !b. s.,.--44., .;.,7 rl iVl , - "tit - � J d k �4;R+J y1 ': r I f Fs'''. �y.. �8�. 4S�q retutw'Doi of Sac once Por are Mt: " : 89053° Weld County Division of Human University of Northern Colorado Resources' Head Start Program Speech-Language Pathology and 1989-1990 Program Year Audiology Clinic PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 26tb day of June, 1989, by and between the Board of County Commissioners of Weld County, Colorado, on behalf of the Weld County Division of Human Resources' Head Start Program, hereinafter referred to as "Head Start," and the University of Northern Colorado, on behalf of the Speech-Language Pathology and Audiology Clinic, hereinafter referred to as "UNC." WITNESSETH WHEREAS, Head Start is required by law to provide diagnostic and therapeutic services addressing speech and hearing disorders of Head Start children; and WHEREAS, UNC has the staff and facilities to provide the aforementioned services; and WHEREAS, the parties hereto desire to establish, in writing, the terms of their agreement and an ongoing policy for the provision of services. NOW, THEREFORE, in accordance with the mutual benefits, responsibilities, and considerations set forth herein, the parties hereto covenant and agree as follows: A. Scope and Purpose: The purpose of this agreement is to establish the amount, terms, and conditions of a Purchase of Services Agreement between Head Start and UNC. B. Services to be Provided by UNC: UNC agrees to perform the following services for Head Start: 1. Provide speech and language therapy to children with specific speech or language needs that might impair communication or learning. This therapy will be, when possible, in the dominant language of the child. 2. Participate in a one-hour student orientation, presented by Head Start Staff, at the beginning of each term. 3. Submit, for Head Start approval , a schedule of services to be provided which includes a time table. 4. Develop a written, individualized plan for each child in therapy which states the goals and objectives for speech-language therapy, using diagnostic information and teacher input. 5. Submit a copy of the individualized pain to the Head Start teacher and Educational Coordinator. UNC will also keep a copy of the file at the University Speech-Language Pathology and Audiology Clinic. 890336 Page 2 6. Student clinicians make a classroom observation within two weeks of initiation of therapy and a teacher consultation once a month for a total of six (6) consultations. 7. Communicate with parents through an open house, parent interview at diagnostic, or parent-teacher conference. Inform the parents of the content of the individualized plan, the times for therapy sessions, and the progress of therapy. 8. Conduct one-to-one therapy for those children with the most severe needs. 9. Participate in case review staffings as Speech-Language Consultant. 10. All diagnostic services, screening, and therapy will be conducted by students enrolled in the Speech-Language Pathology Program, and will be under the supervision of a certified Speech-Language Pathologist. 11. Teacher, parent and Head Start staff consultations shall not exceed 25% of total client contact time per term. C. Responsibilities of Head Start 1. Head Start will abide by the schedule of services approved by the director for the academic year. 2. Head Start will provide transportation to UNC for children requiring service. 3. Head Start will coordinate with UNC to sponsor a Parent Open House and a Teacher Open House at UNC with transportation arranged by Head Start. 4. Head Start will notify parents of scheduled Diagnostics and obtain written permission from parents for scheduled therapy. D. Budget Statement 1. Head Start will reimburse UNC a total not to exceed S9,093. Reimbursement to UNC will be based on the following: (a) A total of $10,000 for services provided (this fee is computed by UNC Clinic and represents an actual cost basis for services less a twenty percent discount plus a six percent administrative fee) . (h) Reimbursement for mileage at the rate of twenty cents (20t) per mile for the Clinic Supervisor and clinicians to travel to and from the Head Start centers. Total mileage reimbursement shall not exceed $200. 2. Head Start will reimburse UNC for services after receipt of documentation from UNC specifying the number and kind of services delivered. UNC will submit documentation (billing) on November 15, 1989 and April 15, 1990 to "Weld County Division of Human Resources, Fiscal Department, P.O. Box 1805, Greeley, Colorado 80632". Reimbursement will be made to "UNC Speech-Language Pathology and 890536 Page 3 Audiology Clinic, University of Northern Colorado, Greeley, Colorado 80639" within thirty (30) calendar days of receipt of billing. The fee covers all of the actual costs for the following services: - Diagnostic Speech-Language Evaluations for 30 children - Individual Therapy Sessions: 300 sessions at 45 minutes per session - Case review and team review meetings and staffings - Student consultation with Head Start Staff--2 per month for a total of 6 consultations (Head Start staff will also visit clinic 2 times per term) - Student conference with parents once per term E. Term of Agreement: This term of this agreement shall be for one academic year to commence on August 6, 1989 and terminate on May 12, 1990. This agreement shall be subject to review and renewal by the parties annually. F. Termination of Agreement: Either party may terminate this agreement without cause by giving ninety (90) calendar days written notice to the other party. Termination may also result automatically upon loss of federal funding to Head Start. In case of prior termination, the payment due for services will be pro-rated according to actual services provided. G. Modification of Agreement: All modifications to this Agreement shall be in writing and signed by both parties. H. Assurances: 1. UNC agrees that it is an independent contractor and that its officers, employees, and clients do not become employees of Weld County, and therefore are not entitled to any employee benefits as Weld County employees, as a result of the execution of this Agreement. 2. Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of UNC, or its employees, volunteers, or agents while performing functions as described in this Agreement. UNC shall not be held liable for injuries or damages caused by any negligent acts or omissions of Weld County, the Board of County Commissioners of Weld County, its employees, volunteers, or agents while performing this Agreement. UNC shall provide workers' compensation insurance for all employees of UNC engaged in the performance of this Agreement, as required by the Colorado Workers' Compensation Act. Likewise. Head Start, by and 690536 Page 4 through the Board of Weld County Commissioners, shall provide adequate liability and workers' compensation insurance for all of its employees, volunteers and agents engaged in the performance of this Agreement. 3. No officer, member, or employee of Weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. 4. UNC understands that monitoring and evaluation of the performance of this Agreement shall be conducted by the Weld County Division of Human Resources and the results provided to the Board of County Commissioners of Weld County. 5. UNC and Head Start assure compliance with Title VI of the Civil Rights Act of 1986, and that no person shall , on the grounds of race, creed, color, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimina- tion under the approved Agreement. I. Entire Agreement This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified except as stated in Paragraph G herein. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. THE BOARD OF COUNTY COMMISSIONERS UNIVERSITY OF NORTHERN COLORADO C. 4,f Irby, Chai an Dona otten erg, air Department of Communicatio Disorders WELD COUNTY DIVISION OF HUMAN RESOURCES `ik�' � tr. en Gregg (�linic Coordinator Department of Communication Disorders Walt . Speekman, Executive Director cep Vincent Scalia, Dean � College of Health and Human Services ATTEST: t729 77 Weld County C erk and Recorder and Clerk to the Boar • eputy ounty 690536 WELD COUNTY, COLORADO PAGE FUND CLADS V.O. .• WARRANT NO. P.O. NO. VENDOR AMOUNT `J02 5i O$H% 35 I 2!;i7,..5O3e ra Id Con b4-r�4.4,on 96, 39G OSY9od p /6 0 7;2 5; yut)Y7 curio, „ 27yaE.>j 9089,9 o9 y93, „ 779a,yU Iu.3Y9 u5"`yY3a p2v5ato toP3O oktQIO? ,, -mpg/ bb ')0235/ 0SY!t%7 " 750. 06 TOTAL $ '3y0/6. 78' STATE OF COLORADO ) ) ss COUNTY OF WED ) This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Page 1 through i and dated ar\c- �G2 , 19 °'/ and that payments should be made to the respective vencors in the amounts set opposite their names with the total amount $ g79A. 7S" . DA2U) THIS 1(„tG DAY OF V n¢. , I F9 . WELD C . � MANCE OF'F-CER SUBSCRIBE) AND S'D TO BEFORE ME THIS C2(21/1DAY OF •".Sl/n� 19 9. N.Y COMMISSION EG'IRES: $/7/ 6 C q NOTARY PUBLI STATE OF COLORADO ) ) ss COUNTY OF WEw,D ) We, the Pnnrd 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 C,c,,c rh / FUND totaling $ g"164',,, 7,c' . Chai�rsof / ATTEST • :. 1• tt\'A‘727414. , e, County C rk & Recorder MemberDe atv ///�� Member G z Member', G2' 'f r • • • • • • • • • • • • • • • • • • • • Si D r r r u a D D a : n D r r Iv V I V I- 2 a a • s •• ► C e 4 N N N N N N N N N N 2 D N CO 0 m CO a V V V V V m D o 0 0 0 0 0 to .o to t0 .0 m z 0 a u l'1.1 r o .0 Co V Co N b -• t m m m D a D a a D a t m D D -I N D 2 O CD D a Z S r 0 t D o c m D t 7 m A mi IT t9 in D in n m m m 0 d 0 D Z -I C m -1 .1 In - 2 In n .. Xi -1 D N - O m - D - - C Z O 7 D O m - r t C D 0 2 in m .. 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II O 0 HO 0 11 O 0 10 0 0 0 11 0 0 11 0 0 N 0 0 11 .C 0 1 II II II I II II II it .0 •0 • 0 0 0 0 • • • • • • 0 0 • 0 • • • • • • _ • 40 MAP200P WELD COUNTY GATE : 06/23/89 • WARRANT REGISTER PAGE : 10 • AS OF : 06/23/89 • WARRANT PAYEE INVOICE ACCOUNT NUMBER HARRANT . NUMBER NUMBER FD DEPT OBJ PROJ AMOUNT • A113004 GRAY. OARLENE HA0601 24-9034-6397-4715 39.00 • • 39.00 • • Al13O05 GREELEY GAS CO ST0589 21-6600-6340-9 98. 40 • 98.40 • • AI13006 GREELEY INVESTORS II HA0602 24-9034-6397-4715 288.00 • HA0603 24-9034-6397-4715 280.00 • 0601HA 24-9044-6397-4715 227.00 • 795.00 • • A113007 GREELEY NATIONAL BANK 06O1HA 24-9034-6397-4715 308.00 • 0602HA 24-9044-6397-4715 272.00 • 580.00 • • A113008 GRIEGO JUDY 109380 79-6970-6143 10.00 • 109470 79-6970-6143 27.07 • 37.07 • • AIIJ009 GROVER HOUSING AUTHORITY HA0601 24-9034-6397-4715 62.00 ID 62.00 • A113010 HAAG. ARTHUR HA0601 24-9034-6397-4715 129.00 • 129.00 • • AI13011 HAMILTON. 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K W O 7 �I O S a W 7 W Q N U 1 a X W O 0 N I- X I- O is r It I 2 a r W w 0 7 !I a Q Z X C 0 0 r I Q Q I C U , it a U 0 a 3 0 X .• a t. 0 ll/ 3 • • • • • • • • • • • • • • • • • • • • 0 • Ica°-14, 87 r% mEm®RAnDUm fix WIIDcClerk to the Board June 19, 1989 To Da e � George Goodell, Director of Road and Bridge COLORADO From Road Opening Sublet The following road was opened June 19, 1989. It was closed April 19, 1989 for a bridge replacement. WCR 23 between Hwy 14 & WCR 84 GO/mw:frc xc: Commissioner Lacy Weld County Dispatch Weld County Sheriff's Office WCR 23 WCR 84 J „ ter' NATURAL ENERGY RESOURCES COMPANY P.O.Box 567 • Palmer Lake,Colorado 80133 • (719)481.2003 • FAX(719)481.4013 C'- June 15, 1989 Senator Bill Armstrong, Washington, D.C. 20510 Representative Hank Brown, Washington, D.C. 20515 Representative Joel Hefley, Washington, D.C. 20515 Representative Dan Schaefer, Washington, D.C. 20515 Dear Senator Armstrong and Representatives Brown, Hefley, and Schaefer: Your public support of Denver's controversial Two Forks Dam is based primarily on two false technical arguments: 1. Threat To Agriculture Colorado State University sources are being misquoted when you say that 50,000 acres of Northern Colorado land will be dried up for urban areas, if Two Forks is not built. The City of Thornton's 1986 purchase of irrigated farms is often cited as your main case in point. However, information from Thornton and CSU confirms that this conclusion is erroneous. Thornton's innovative City-Farm Recycling Project is being aided by CSU water experts, because it is specifically designed to return 60,000 acre feet (100"X) of irrigation water to the farms after it is first used by Northern Metro Denver. It should be noted that Thornton's ongoing City-Farm Project was illegally ignored by the Corps in its EIS Water Supply Analysis. The real Western water story is that modern techniques have improved irrigation efficiency by at least 10% in recent years. This savings more than doubles the amount of water that could be allocated for urban use via normal marketing forces without adversely impacting Colorado's agriculture. CSU water engineers and economists generally agree with the above assessment. 2. Losses To Down River States You accept Denver's contention that Two Forks is necessary to save Colorado's entitled water from being lost to down river states. However, Two Forks and its related follow on transmountain diversion projects are all designed to take more water from the currently over-depleted Upper Colorado Basin tributaries. Meanwhile, the untapped, but "overlooked", Gunnison Basin is losing almost a million acre feet of Colorado entitled water to Arizona and California. Arapahoe County's advanced Union Park Reservoir alternative for Metro Denver is specifically designed to _ economically help Colorado correct its serious unbalanced water usage. In addition, Union Park's high altitude, off river Gunnison reservoir will provide needed drought protection for Colorado's river environments on both slopes. The Gunnison's surplus water was illegally ignored in the EIS to protect Metro Denver's 50 year investment in its outmoded Two Forks Project. Suggest a re-evaluation of your public position on Two Forks before these technical errors become even more political and damaging to Colorado's national enviro-economic image. �Sine rely,., D. (Dave) Mn er, President ADM/bm J.---cc: Pres. Bush, U.S. Congressional Delegates, EPA, Colorado Legislators. V .t.tifrb t I I IAN' 1(I((WN n,I. . .,. ,"'0 t]n 1 n .n ,474 tOHOWM1l ,n,n..4 W.mi..n''w DC 705 t 5 r ny,,•r,n1 ny (707177C-4019 WAYS A!411 MANS Congrc≤ of ttjc c'�iititeb ' 1015 3704testa tatcO D J7?H AV,Hnr CnVv Sun( 1014 G ,CO 60.134 tf)oit c of ittprc9tlttattbc9 r3031352-.117 301 S nnwra,PMM 701 T'/` rn*t Cnnwa CO P0571 d'izta9l�ington, The 20515 (303)A919117 741 Mar Omer Rn9,u.0 LA JHH?..r0 61050 (7191384 7370 311 E Antr(Awl Ion?M6.OM.C0110701 (3031 0117-6909 May 30, 1989 AOAM.46n 4114.4,.0,COU."ta (3031460.3443 Allen D. Miller President Natural Energy Resources Company P.O. Box 567 Palmer Lake, CO 80133 Dear Dave: Thank you for your letter requesting a Congressional • investigation of the Environmental Impact Statement for the Two Forks Project. I appreciate your taking the time to come back to Washington recently to give a presentation on alternatives to Two Forks. • As you know, Environmental Protection Agency Administrator William Reilly has initiated a veto of the permit for Two Forks Dam. The Army Corps of Engineers and the Metropolitan Water Providers now have until July 14 to consult with EPA and propose changes in the scope of the project or increase the environmental mitigation measures. Administrator Reilly has indicated that during this process alternatives to the Two Forks proposal will be investigated. It appears that in light of the EPA's review of the Two Forks Project and alternative projects that a Congressional review is unnecessary. Again, hap{you for contacting me. )� Sin 4felt, •.'/ June 16, 1989 Z.ia/ Hank, Many thanks for your last night's telephone /rti k Brown call. Appreciated the 40 minute opportunity to Member of Congress give a firsthand account why the Two Forks EIS is an unlawful decision document. Also, I welcome HB/jac your offer to encourage Colorado water experts to take a fair look at the superior, but "overlooked", City-Farm and Union Park (Gunnison) alternatives being developed for Metro Denver by the City of Thornton and Arapahoe County. Coloco University CoIlcgc of Agricultural Sciences Office of the Dean Fort fillips,Colorado*)S2.1 131)3)4914.272 June 16, 1989 The Honorable Hank Brown 1424 Longworth House Office Building Washington, D. C. 2051 . Dear Congressman Brown: Dr. R. A. (Bob) Young of the Agricultural and Resource Economics Department of Colorado State University has been cited by staff members in some of the Colorado delegations' offices in regard to the effects of the Two Forks dam. He has been quoted as saying that 55,000 acres (or more) . of irrigated land would be de-watered if the Two Forks permit were to be denied. He has used the 55,000 acre figure in informal talks. However, the matter is complex and Dr. Young tells me that the 55,000 acre figure is a worst-case scenario. The 55,000 acres was arrived at by assuming alI water would have to come from agriculture at a rate of 1.75 acre feet per acre. The net figure would be much smaller because the 1.75 acre feet does not take into account return flow of sewage effluent. Also, the 1.75 figure is a rough estimate and the actual figure must be resolved by the relevant court under Colorado water law. The Thornton example is a case in point. The city of Thornton has purchased water in northern Colorado and the city's plan calls for building a pipeline to return effluent back to northern Colorado to be used for irrigation purposes. In most other cases the effluent would be available only for downstream users. I hope this clarifies what is a very complex issue. Sincerely, . 1 / (4 Merle H. Niehaus Dean BXC: Mr. David Miller' Note to Mr. Miller: Same letter sent to Representative Joel Hefley, Senators William Armstrong and Tim Worth rage R/,lung, 1989 LITIGITIGN/WATER RIGHTS rte . v 4e fr d 5,r t U.S.WQ TER NEWS — Denver buys mountain land r suer '+ RANCH CREEK t91\ " q = COLLECTION CONCUIT / �/' b_ 296 acres EN/A ve ,♦ /\ ^ Winter Park /r\ UNNEL COLLECTION SYSTEM co:f+-,� 109 acres 5600.000 ^ se ^ fns/ee METRR METRO AREA EAGLE COLORADO I LOST PARK COLLECTION SYSTEM \ RESERVOIR a= TWO FORKS 1.529 t,629 acres 1,401,40millionn / 319 pares 5 400 acres $150,000 5.19 million 4\/- 4\•Favl9ay > Deckers / / \ •d y Denver looks to other projects DENVER, Colo. — Most of the west sides of the Core Range,above tranamountein water diversions the towns of Vail and Dillon, and planned by Denver rind its suburbs transfer this water by gravity to would he useless if the controversial Lake Dillon in Summit County,then Two Forks dam is not built,several under the mountains through the water planners agreed recently. Roberts Tunnel to the South Platte The Denver Wnter Board has long. River.Denver has&ready spent$5.4 range plans (or major diversions million to acquire properties for the from the B!ue. Engle, rind Fraser projects, which would not be built Rivers on Colorado',Western slope, until the year 2030. while the City of Aurora and Ara- Ed Routs,spokesman for the Den- pnhoe County are vying over the ver Water Board. confirmed the rights to take water from the Cunni. problem but said the converse is not son River basin. Most of these prej- true:Two Forks does not necessarily ects need a large holding pond on the need the Western Slope projects.But Eastern Slope, the additional transmountain diver- The proposed Denver projects sions would allow the giant Eastern would take water from the east and Slope dam to operate more etn- ciently, NOTE: The "overlooked" Union Park alternative from the un- Planners for Aropahoe and Aurora tapped Gunnison Basin will increase the safe yield of Metro atlthy eCeleNesamree urira pp about the Collegiate Range Aurora Denver's existing system 40% more than No Forks for about Project. which would take water half the unit cost. This massive, high altitude, off river from the the Taylor River, a tribu- tary to the Gunnison. reservoir will also provide balanced, multi-year drought However one proposed project protection for Colorado's river environments on both slopes. palled Union Park might wotlt_with- Two Forks and its related future diversions would worsen the outTwa Forks.Union Perk is a large of Upper Colorado Basin headwaters. subalpine er meadow at 19.000 feet in current over-depletion the 0per Tnvlor drMneea P,mot- Although the Gunnison Basin currently loses almost a million er, of the proieet. includints TM' acre feet of Colorado entitled water to the down river states, pnhoe Cpynty which bought the idea 14 this vast surplus water source was illegally ignored in the Inscyenr,snvedpmNet.enoure dh?or u0 t,_a million acre feet.enough(for Metro Denver EIS. Union Park has a 1999 completion date, and both Eastern find Western Slope is certain to be Colorado's next major water project. USTce. 6-10-89, (719)481-2OO3 a � ... A b I� a�Y 0 r. d nYY ` O jc CO 179 - ; �, t-t riTh 1 4sit 'll'Eur •InflISTI ° E ° c :alli 'daft tliNgnicipEly! -, sm. ilzP § taspiNgsQ4 .11 ,7jm co •R q��0� t. St Natzt tl . 4Y .i,�f� y{ S 00• N4 O ,04 'J co .� yy �p l ae.-.M DDD a.9 4� pu R�Gp1"11�pp�, o�v am .9 yR'`$� D q sC �'OOG .'7 N•r A it Li r7Upp. 5}im Ism ° � :g 9�s pin 4 b �& a � ffi Y s vmoro ooh robs 11.moomilis ara Sac -71.A4 � ao�zpz v $is &IEmsR �g E u p D as bw :ry O Gyy'_��++ Q �0 S m " reg . O'G." y . % ggt. . H 0 g o l��Pwi211a: �Ej KW' d Q 11 4-q 2 $ 40i _ Z L 9''' �.� o�• $0. o >'g a C ��^ a.~a. a. roc1 ,FdNroot's.•$/ bSa'p$(f� •'m Qa ro'-2 Y ct W Y 2YYom" 4G O itti— Lp2.52EAY GOroat � natniot g IL yy _ � ,� r J. 3i oY. t.9.OziW °g °Na , yr. aro Y 1CgzEo.E'" g.s av2C„3 "$ Ey : 47 CG ..cc�� 2 mmo m<.a Ba" 9 �{ a. '�. a csios.r , 2; t ;o a c=„kaz �s s $Allis ils 224 • to a b toy 0,2t2 . C _ •a .. S � nx J ' a o YyN y'�pp %op $ Cm6,0 yy Z � . g.9iK� � qq�soP� n ,,Ai � � ..,EFtsc Y MAY„ G �7(.VV /�•�//\� /� �iy .! 'pp�• �G�p L yO ',Rqg]$ .yyY� 1,1gaL4y(. 7 LG.! 0fl. 0 6; intloSt�OC ,Cc c g 'a �N 9. � p9 '� y p c, �. l. N b a w 07 gXr.. 3 SQ 2% an '✓,�.. s• (1) JS N if �s�gq'9 �p C .G$ 0.(�pg $' y 4f, £ '1 id S.aaos 42 $� Cp.az S S gg °21 2 .(0 " � d . ` � sft .yr^�q,y N p'�^ .✓.1.9 Vi Ye�O YY� >yO ' a Ng 411.f O foa 8'°N.g �W3 gait� 3 va June 15, 1989 University Cooperative Extension Colorado State University The Honorable Hank Brown Fort Collins,Colorado A05Z3 U.S. House of Representatives 1424 Longworth Building Washington, DC 20515 Dear Congressman Brown: RE: Impacts On The Rural Sector Of Colorado If Two Forks Dam Is Postponed Or Rejected. It has been brought to my attention that I am cited by your staff as the source of estimates that 55,000 acres of irrigated land would be de-watered if the Two Forks permit were to be denied. While the estimated acreage tradeoff is a figure I have used, when hedged with careful qualifications, I do not wish to be associated with the further implication that market solutions to Colorado water problems should be rejected out of hand. The matter is, of course, complex, so the purpose of this letter is to indicate my position more clearly. I have not given detailed study to the Two Forks issue nor have I published any specific figures on potential alternatives. However, because it appears to me that more reliance on market forces might be beneficial to both rural and urban interests in the west, I have studied the potential impacts of water markets over the last several years. Because of this research, I have been called on to meet with several interested groups regarding the impacts a Two Forks rejection during the past few months, and have made some informal estimates of impacts. The 55,000 acres is my worst case estimate, arrived at by assuming all water would have to come from agriculture at a rate of 1.75 care feet per acre. (Any such estimate can only be an educated guess, because the actual amount per acre must be resolved by the relevant court under Colorado water law.) Because the 1.75 acre feet per acre doesn't allow for return flows (largely sewage) from cities, which could go back to downstream farms, the net acreage loss could be much less than the above "worst case." even if all water came from retirement of irrigated lands, Secondly, I do not believe that irrigation water is the only alternative to Two Forks. A number of other options exist. For example, urban conservation, Windy Cap and further imports from the Colorado River Basin could shoulder part of the growth in demand. Thirdly, market-type options exist for obtaining water from rural Colorado without completely drying up farms, These would require some change in basic Colorado water law and traditional management practices to encourage changing irrigation patterns by farmers, but they seem to me to hold promise to, in Ray Moses' phase, "Have our water cake and eat it too." Hence, the most optimistic scenario could involve withdrawing water from the least economically productive uses (forage crops) and not drying up lands other than those being taken by growing cities. Comrade Stare(trot enact 1'.S. Department n(,sericulture and(a orado counties crx$Krating. c)"iperau,c Iistcnshm programs arc avadabk tn.tll vrIth,w(Jivaimrrta,rlrt. The Honorable Hank Brown Page 2 June 15, 1989 Next, the third party impacts of even the worst case scenario may not be all negative or very large. For example, I would think farmers who own water rights would actually have an interest in opposing dams. This is because in the absence of dams, urban demands give strong support to the market value of their water rights, whether they are the immediate sellers or not. (Windy Cap, built much in advance of need for its water, likely reduced the value of water rights of irrigation companies in Northern Colorado by several hundred million dollars. Water rights prices in the Poudre Basin, when adjusted for inflation remain below their values of twenty years ago.) Also, in today's post-industrial economy, the small change in South Platte Valley farm production represented by even the worst case alternatives to Two Forks would have a hardly discernable impact on the local economy. Our statistical studies suggest that about 600 (six hundred) local off-jobs would be associated with 55,000 acres but could supply water to 400,000 more urban residents. I would suggest that the appropriate policy for the state to pursue is to update its water law so that market forces can better operate, while giving whatever attention is necessary to protecting interested third parties in the potentially affected rural communities. In such a framework, dams can be built when they are the least-cost source of water, and markets relied on in other cases. Your incerely, , 6eferta7-7 R.A. Youn Professor RAY/mep WELD CDu?''Y CQ1r;4';` r r \ ` TOWN OF ERIE • _CLi_i�� M6 MOLBROOK papasox ico . bit 4 • I TG }:r Ls'^;. ERIE.COLO 8051 e 82848U K /� E8338S3 1174 June 20, 1989 Weld County Board of Commissioners Office of Board of County Commission P.O. Box 758 Greeley, CO 80632 SUBJECT: Annexation Petition to the Town of Erie - Daniel Horst Dear Sirs: The public hearing scheduled before the Erie Board of Trustees on June 22, 1989, in the Town Hall at 645 Holbrook, at 7 :00 P.M. , to consider an annexation request from Mr. Daniel R. Horst has been cancelled. The public hearing to consider this request will probably be reset for July 27 , 1989 . Sincerely, Doris M. Moore Town Clerk Y Q/A0/ 4 POLICE OUT. METRO 44941Ise LOCAL 825-3200 PA.SOX MO FIRE OUT. 8284152 may C5, STATE OF COLORADO WATER QUALITY CONTROL COMMISSION 7 � • 210 East11th Avenue F benver,-Colorado 80220 Phone(303) 331.4525 �.•r. NOTICE OF PUBLIC RULEMAKING HEARING BEFORE THE COLORADO WATER QUALITY CONTROL COMMISSION SUBJECT: For consideration of: (1) Revisions to the State of Colorado Water Pollution Control Revolving Fund Rules, 5.2.0 (5 CCR 1002-21), to (a) add provisions regarding compliance with the National Environmental Policy Act, and (b) modify the existing language regarding priority points for severity of pollution; (2) Revisions to the State of Colorado Federal Construction Grant Rules, 5.3.0 (5 CCR 1002-6), to include criteria for prioritizing and funding research and assessment of nonpoint point source ground water contamination. (3) Adoption of a proposed Nonpoint Source Project Priority List for Federal Funds (FY-90), 5.16.0 (5 CCR 1002-16); (4) Adoption of a proposed Construction Grants Priority List for FY-90, 5.14.0 (5 CCR 1002-16); and (5) Approval of a proposed Revolving Fund Intended Use Plan for FY-90, 5.17.0, including (a) adoption of the Revolving Fund Priority Lists for FY-90, and (b) adoption of FY-90 additions or modifications to the Revolving Fund Eligibility List. The proposed revisions to the Revolving Fund Rules are attached to this notice as Exhibit 1. The proposed revisions to the Construction Grant Rules are attached to this notice as Exhibit 2. The proposed Nonpoint Source Project Priority List is attached to this notice as Exhibit 3. The proposed Construction Grants Priority List is attached to this notice as Exhibit 4. The proposed Intended Use Plan is attached to this notice as Exhibit 5. Each proposal also includes a proposed Statement of Basis, Specific Statutory Authority, and Purpose. HEARING SCHEDULE: DATE: Tuesday, August 8, 1989 TIME: 9:00 a.m. PLACE: Room 150 Department of Health Building 4210 East 11th Avenue Denver, Colorado Oral testimony at the hearing will be limited. Direct testimony should primarily draw attention to written evidence. The hearing will emphasize Commission questioning of parties about their written prehearing submittals. Introduction of written materials by parties at the hearing generally will not be permitted. Parties are prohibited from oral presentation of written material submitted to the Commission. PARTY STATUS: Participation as a "party" to this hearing will require compliance with the Procedural Rules, 2.1.0 (5 CCR 1002-1). It is not necessary to acquire party status in order to testify or comment. Written party status requests are to arrive in the office of the Commission on or before: DATE: Wednesday, June 28, 1989 TIME: 5:00 p.m. PREHEARING CONFERENCE: DATE: Wednesday, July 12, 1989 TIME: 9:00 a.m. PLACE: Room 150 Department of Health Building 4210 East Ilth Avenue Denver, Colorado Attendance at the prehearing conference is mandatory for all parties. A prehearing statement, including any exhibits, written testimony and alternative proposals of anyone seeking party status must be submitted to the Commission Office no later than July 5, 1989. In addition, copies of these documents must be mailed or hand-delivered by that date to all persons requesting party status, in accordance with a list provided by the Commission Office following the party status deadline. Following the prehearing conference, written rebuttal statements may be submitted by July 19, 1989, with copies mailed or hand-delivered by that date directly to all persons requesting party status. No other documentation, exhibits, or other materials will be accepted after the prehearing conference except for good cause shown. SPECIFIC STATUTORY AUTHORITY: The provisions of C.R.S. 25-8-202(1)(e) and (g); 25-8-308(1)(d); and 37-95-107.6(4) provide the specific statutory authority for consideration of the regulatory amendments proposed by this notice. Should the Commission adopt the regulatory language as proposed in this notice, it will also adopt, in compliance with 24-4-103(4) C.R.S., an appropriate Statement of Basis, Specific Statutory Authority, and Purpose. Dated this lilt day of May, 1989, at Denver, Colorado. WATER QUALITY CONTROL COMMISSION aul hard� minist�— 0230m/0030m EXHTBIT 1 "STATE OF COLORADO WATER POLLUTION CONTROL REVOLVING FUND RULES" 5.2.0 (5 CCR 1002-21) "STATE OF COLORADO WATER POLLUTION CONTROL REVOLVING FUND RULES" 5.2.0 5.2.2 (4) Equivalent Residential Taps (ERT'S) - Are provided by the Division's inspections for small communities under 10,000 and less than 2,000 lbs biological oxygen demand (BOD). For large communities over 10,000 population and/or projects over 2,000 lbs BCD, the following equation will be used to calculate the ERT'S: Average DAILY AnnppA organic loading (lbs BOD/Day) - ERT (.2 X 2.55) - .2 lbs/BOD per person - 2.55 persons per household (5) "Governmental Agencies" - Any regional commission, county, metropolitan district offering sanitation service, sanitation district, water and sanitation district, water conservancy district, metropolitan sewage disposal district, service authority, city and county, city, town, municipality, Indian tribe or authorized Indian tribal organization, or any two or more of them which are acting jointly in connection with a wastewater management system. (6) "Ground Waters" - Are subsurface waters in a zone of saturation which are or can be brought to the surface of the ground or to surface waters through wells, springs, seeps, or other discharge areas. (7) "Impaired Waters" - Those waters where significant violations of water quality standards occur. For the purposes of this definition violations shall be deemed significant where they cause or contribute to the impairment of one or more classified uses. (8) "Interceptor Sewer" - (Intercepting sewer) - A sewer that receives dry weather flows from a number of transverse sewers or outlets and conducts such water to a point for treatment or disposal. (9) "Local Burden" - This definition will apply only to assigning priority points and will use expected total debt per ERT as described below: (Total system cost + Total existing debt)/Current ERT - Expected total debt per ERT Assumptions: Existing debt is principal and interest amortized over the remaining life. (10) "Management Agency" - Any public agency recommended for wastewater management responsibilities in a certified areawide Water Quality Management Plan prepared under Section 208 of the Federal Act. Such designation shall be considered final only upon its identification and designation by the Governor of the State of Colorado to the Environmental Protection Agency, acceptance of such designation by EPA, and upon the agency's acceptance of its responsibilities as outlined in the appropriate 208 plan. Where no certified areawide Water Quality Management Plan exists, the management agency requirements shall not apply. 2 5.2.4 (6) It is the policy of the Commission to encourage regionalization of wastewater management systems where • practicable. It is the policy of the Commission to encourage good local planning within the concept of the areawide Water Quality Management Plan developed under Section 208 of the Federal Act. Projects which do not conform to certified areawide water quality management plans, as updated from time to time, will not be considered for assistance through the WPCRF. (7Yl/lddr6¢Tdtdd/ZGXffdwiiifif /¢Zddg/dddf/Ebp6¢iu/14th/fhb fdddff4af¢tftd/fi/4U/O7/P4ff/25/df/W/Ebdk/df/tedef4ligiiiibfibdL r4itM/fdgdfd/td/�'4 t4/$41Utf¢diibdl (7) POINT SOURCE PROJECTS FOR WASTEWATER TREATMENT MUST COMPLETE THE FACILITY PLANNING PROCESS, IDENTIFYING A SPECIFIC PROJECT THAT IS COST-EFFECTIVE AND ENVIRONMENTALLY ACCEPTABLE IN CONJUNCTION WITH APPLICABLE STATE AND FEDERAL REGULATIONS AND GUIDELINES. FACILITY PLANS MUST COMPLY WITH ThE REQUIREMENTS IN 40 CFR PART 25 WITH REGARD TO PUBLIC PARTICIPATION. ENVIRONMENTAL REVIEWS SHALL BE PERFORMED IN ACCORDANCE WITH 40 CFR PART 6 AND THE DIVISION SHALL APPROVE FACILITY PLANS ONCE ALL REQUIREMENTS ARE MET. (8) EPA Advance of Allowances and/or loan monies will be available for small communities for financial assistance in planning and/or design. 5.2.5 PRIORITY SYSTEM PROCEDURES AND PRIORITY POINT SYSTEMS 5.2.5.1 POINT SOURCE PRIORITY SYSTEM PROCEDURES (I) Priority points shall be assigned to all treatment works as follows: (a) Points shall be assigned first for severity of a pollution problem. Once those projects with pollution problems are identified, points will be assigned for quality of receiving waters, financial need and regionalizations. No project will be included on the project priority list unless a severity of pollution problem exists and until it is described in an approved Water Quality Management Plan per Sections 208 and 303 (e) of the Federal Act. (b) A governmental agency may qualify for health hazard points if a health hazard due to inadequate treatment works and/or nonpoint sources and/or ground water sources has been designated. The definition of a health hazard is set forth in 5.2.2(3) of this regulation. (c) The basic point total shall be the sum of points from categories (1) , (2) , (3) and (4) of Section 5.2.5.2 with a maximum of 140 possible points. (d) Interceptor projects which serve new or existing treatment plants will be assigned basic points as follows: (i) Points for severity of pollution will be assignee to the interceptor according to the plant it eliminates or according to the plant the interceptor will discharge to, depending upon which is greater. 7 (ii) Points for preservation of good quality of receiving waters will be assigned to the interceptor according to the plant it eliminates or according to the plant the interceptor will discharge to, depending upon which is greater. (iii) Points for financial need will be assigned to the interceptor according to the plant it will discharge to. (iv) Points for regionalization will be assigned to the interceptor according to the plant it will discharge to. (2) Prior to June 1 of each year, the priority list will be reviewed, updated and compiled by the Divison after consultation with designated regional water quality planning organizations no later than April 15. The priority list will then be recommended to the Commission for final agency action. (3) Each governmental agency identified on the project priority list shall be notified of the proposed list, and a public hearing regarding the list shall be held. After considering all pertinent comments, the Commission shall adopt the project priority list. 5.2.5.2 POINT SOURCE PRIORITY POINT SYSTEM (1) Severity of Pollution Points Points shall be assigned in accordance with this section for permit violations (which appear not to have been caused by poor operation and maintenance procedures); hydraulic and/or organic loading to treatment works; the issuance of enforceable compliance schedules; moratoriums; and the designation of health hazards. Only one subcategory may be applied to each governmental agency or project. a) Facility has at least two marginal permit violations in a 6 month period. 15 Points b) Facility is operating in excess of 9574 of rated HYDRAULIC OR ORGANIC capacity,04/WpfAkx/e 20 Points tdt/t*tttit"Pl/ c) The Division has issued an enforceable compliance schedule, either in the discharge permit or an administrative order to achieve permit compliance. 30 Points d) Facility is in significant non-compliance with the discharge permit limits as defined in Section 5.2.2(22). 40 Points (e) Designated Health Hazard as described in Section 5.2.2(3) 40 Points 8 Section 5.2.5 has been revised to create procedures and a priority system for nonpoint sources. The procedures (5.2.5.3) set forth the requirements for nonpoint source projects to be considered for funding and the methods for assigning priority points to projects interested in funding. The priority system (5.2.5.4) delineates ranking criteria and rating factors for comparing the relative priority of nonpoint source projects. The point system is based upon impacts to beneficial uses caused by nonpoint sources, potential for restoration of beneficial uses and reduction of severity of nonpoint sources. This system then emphasizes the severity of nonpoint source impacts and the ability of proposed improvements to restore water quality. The system also allows education programs to be considered for funding. These educational programs may be funded by the Commission if they present an opportunity to raise public awareness of a prevalent nonpoint source problem area and these programs are weighted against the need for demonstration projects to advance the state of knowledge of best management practices. The Colorado Nonpoint source task force, an organization recognized in Colorado's nonpoint source management program, is identified as a review agency of the Division's yearly submittal of the Nonpoint Source Project Priority List. The Colorado Nonpoint Source Task Force is comprised of a broad spectrum of Governmental agencies and interest groups involved in and affected by nonpoint souuce decision making. 5.2.8.2 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (1989 REVISIONS) THE PROVISIONS OF SECTIONS 25-8-202(1)(e), AND (g); 25-8-308(1)(d); AND 37-95-107.6(4) C.R.S. , PROVIDE THE SPECIFIC STATUTORY AUTHORITY FOR ADOPTION OF THE ATTACHED REGULATORY AMENDMENTS. THE COMMISSION ALSO ADOPTED, IN COMPLIANCE WITH SECTIONS 24-4-103(4) C.R.S., THE FOLLOWING STATEMENT OF BASIS AND PURPOSE. BASIS AND PURPOSE SECTION 5.2.2(4) IS THE DEFINITION FOR THE USE OF THE TERM "EQUIVALENT RESIDENTIAL TAPS (ERT'S)." THE EQUATION USED TO DETERMINE ERT'S HAS BEEN REVISED TO CORRECTLY STATE "AVERAGE DAILY ORGANIC LOADING." SECTION 5.2.4(7) OF THE REGULATION HAS BEEN REVISED TO CLARIFY THAT POINT SOURCE WASTEWATER TREATMENT PROJECTS MUST COMPLETE FACILITY PLANNING REQUIREMENTS. THE TERM "ENVIRONMENTALLY ACCEPTABLE" RELATES TO THE FEDERAL REQUIREMENTS OF THE NATIONAL ENVIRONMENTAL POLICY ACT "NEPA", WHICH REQUIRES THAT FEDERALLY FUNDED OR ASSISTED PROJECTS MUST BE SHOWN TO HAVE NO ADVERSE ENVIRONMENTAL IMPACTS OR THAT SUCH IMPACTS WILL BE MITIGATED. AN ENVIRONMENTAL REVIEW MUST BE CONDUCTED FOR EACH WASTEWATER TREATMENT FACILITY PLAN IN ORDER TO MEET FEDERAL REGULATIONS. 17 SECTION 5.2.5.2(1)(B) HAS BEEN REVISED TO DELETE REFERENCE TO TAP RESTRICTIONS AS A CONDITION FOR RECEIVING SEVERITY OF POLLUTION POINTS. THE INTENT OF THE COMMISSION IS THAT ANY MUNICIPAL WASTEWATER TREATMENT FACILITY THAT IS AT OR IN EXCESS OF 95% OF PLANT CAPACITY BE GIVEN PRIORITY POINTS SO THAT THEY CAN BE CONSIDERED FOR LOAN ASSISTANCE. TAP RESTRICTIONS ARE RARELY IMPOSED BY A MUNICIPALITY OR THE DIVISION AND ARE NOT RELEVANT TO THE ASSIGNMENT OF PRIORITY POINTS; THEREFORE, THE PHRASE "AND IS UNDER A TAP RESTRICTION" HAS BEEN DELETED. THE TERMS "HYDRAULIC" AND ORGANIC" CAPACITY HAVE BEEN ADDED TO CLARIFY THAT IF A FACILITY REACHES 957. OF EITHER TYPE OF TREATMENT CAPACITY, THE 20 POINTS SHALL BE ASSIGNED. 18 • EXHIBIT 2 (13) "NPS Education Program" - A project which raises public )Z CT :0n 5,3, 2 awareness of a prevalent NPS problem and has as a primary purpose, dissemination of information to the public. As a minimum, a program description submitted to the Division for prioritization purposes shall include a plan which describes the intent, proposed information for dissemination, project costs, financial arrangements, and anticipated benefits. (14) "NPS GROUNDWATER RESEARCH AND ASSESSMENT" - A PROJECT WHICH HAS AS A PRIMARY PURPOSE THE INVESTIGATION AND MONITORING OF GROUNDWATER QUALITY. SUCH A PROJECT SHALL BE INTENDED TO PROVIDE INFORMATION ABOUT THE IMPACTS OF NONPOINT SOURCES TO GROUNDWATER. AS A MINIMUM, A PROJECT DESCRIPTION SUBMITTED TO THE DIVISION FOR PRIORITIZATION PURPOSES SHALL INCLUDE A PLAN WHICH DESCRIBES THE INTENT OF THE PROJECT, SAMPLING LOCATIONS, PROJECT COSTS, FINANCIAL ARRANGEMENTS, AND ANTICIPATED BENEFITS. £1d7 (15) "NPS Management Program" - Colorado's Nonpoint Source Management Program Report, prepared by the Division, adopted by the Commission and updated as necessary. fill (16) "NPS Pollution" - NPS Pollution is caused by diffuse sources that are not regulated as point sources and normally is associated with agricultural, abandoned or inactive mining, silviculture', or urban runoff, or runoff from construction activities. Such pollution results in the human-made or human-induced alteration of the chemical, physical, biological, and radiological integrity of water. In practical terms, NPS pollution does not result from a discharge at a specific, single location (such as single pipe) but generally results from land runoff, precipitation, atmospheric deposition, or percolation. Pollution from nonpoint sources occur when the rate at which pollutant materials entering waterbodies or ground water exceeds natural levels. £187 (17) "NPS Project Priority List" - The listing of NPS projects eligible for Federal funding pursuant to Sections 201 and 319 of the Federal Act. The list is ranked by assigned points and adopted by the Commission pursuant to this regulation. fill (18) "Point Source" — Any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. "Point Source" does not include irrigation return flow. £187 (19) "Point Source Project Priority List" — The listing of publicly owned treatment works which are eligible for Federal assistance pursuant to section 216 of the Federal Act. The list is ranked by assigned points and adopted by the Commission pursuant to this regulation. £197 (20) "Pollution" - The man-made, man-induced, or natural alteration of the physical, chemical, biological, and radiological integrity of water. 3 1201 (21) "Project" - Proposed construction of a complete wastewater management system as described in an approved Water Quality Management plan per section 208 and 303(e) of the Federal Act, or the proposed elimination of a NPS pollution problem suggested in a NPS project implementation plan or a NPS education program. GROUNDWATER RESEARCH AND ASSESSMENTS ARE ALSO CONSIDERED PROJECTS FOR NONPOINT SOURCE FUNDING CONSIDERATION. 5.3.3 PURPOSE The purpose of the Federal Construction Grant Program is to provide funding to publicly owned wastewater treatment plants which are unable to meet the enforceable requirements of the Clean Water Act and NPS problem areas which adversely impact water quality. The Grant Priority System is intended to identify those municipalities and NPS projects that currently have the most severe water quality problems and to allocate Federal funds for the most beneficial program of water quality improvement. Once a project has received Federal funding, it is the responsibility of the Municipality to produce a user charge system and fee structure or the NPS program projects to produce a financial mechanism to ensure that future project needs will be met without Federal assistance. The intended result of the priority systems will be a concentration of projects in high priority areas. The high priority areas for point sources will include the good quality waters, and waters described as either impaired, or threatened. In determining whether under section 5.3.6 priority points should be awarded for discharges to threatened or impaired waters, the Commission will consider the determinations made in the 305(b) Status of Water Quality Report, as well as any other information presented at the hearing on the priority list. The high priority areas for nonpoint sources will be those described in the Colorado Nonpoint Source Assessment Report, and recommended for action in the Colorado Hotpoint Source Management Program. 5.3.4 GENERAL POLICIES The priority systems are intended to fund eligible projects on a decreasing priority basis. Seperate procedures, ranking criteria, and priority lists for point sources and nonpoint sources will be the result of this regulation. (I) In determining which point source projects to fund, the Commission will consider: the severity of pollution problems, the population affected, the need for preservation of high quality waters, national priorities and policies, State goals and policies, as well as total funds available, and established uses of the waters of the State. (2) It is the policy of the Commission to maintain the existing high quality waters in the mountain areas by providing funds for a higher degree of treatment where required. 4 %«L., 6,3.&1 (10) It is the policy of the Commission to consider the use of up to 20% of each years potential allocation of construction grant funds, for funding NPS management programs as provided for in Section 201(G)(1) of the Federal Clean Water Act. These management programs may support either demonstration projects, GROUNDWATER RESEARCH AND ASSESSMENTS, or educational programs. The procedures and ranking criteria for these NPS projects are provided in Section 5.3.6 of this regulation. 5.3.5 POINT SOURCE PRIORITY LIST SYSTEM AND PROCEDURES 5.3.5.1 PROCEDURES (1) The Priority Point System for point sources will be in two parts. The first part is the basic point system which will be applied to all municipalities. Points shall be based upon the need for preservation and restoration of waters, the severity of a pollution problem and the existing population served by the municipality's project. The second part, the special point system, applies to only those municipalities which have completed facilities planning to the point of proposing a specific project which is cost-effective and environmentally acceptable according to appropriate State and Federal guidelines and regulations. The Division will make the determinations of completed facilities plans and submit such determinations at the public hearing on the priority list. Completed facilities plans must comply with the requirements in 40 CFR Part 25 of the Code of Federal regulations with regard to public participation. Special points shall be based on the proposed use of innovative and alternative technologies. The special points will be added to the basic points to give a point total for each project. This point total will be used to determine overall project priority. (2) Population used for the basic point system will be the latest confirmed figures of the actual existing population of the project service area; i.e., U.S. Census Bureau, approved facility for 208 plans, or Division inspection records. (3) A municipality may qualify for health hazard points if a hazard due to inadequate sewerage facilities can be documented. The definition of a health hazard is set forth in 5.3.2(5) of this document. (4) The basic point total shall be the sum of points from categories (1) A, B, and C of Section 5.3.6 with a maximum of 125 possible points. Only one subcategory within each category may be used to assign priority points. If more than one subcategory applies, the one with more points will be used. For instance, if a plant is loaded above 95% capacity, but has a tap moratorium, 50 points will be allowed for category (1)(B). 7 • 5.3.6 NONPOINT SOURCE PRIORITY SYSTEM AND PROCEDURES 5.3.6.1 NONPOINT SOURCE PROCEDURES (1) In order to qualify for consideration for ranking and funding, all nonpoint source projects must: be described in the Colorado Nonpoint Assessment Report, be recommended for implementaion in the Colorado Nonpoint Source Management program, and has submitted a project implementation plan which is acceptable to the Division. Education programs AND GROUNDWATER RESEARCH AND ASSESSMENTS shall be considered for funding based upon statewide benefits of such a program, and the need to test NPS technologies through demonstration projects. (2) The NPS priority system will award points based upon impacts to beneficial uses, and potential for restoration of beneficial uses and reduction of severity. (3) The maximum points available under impacts to beneficial uses is 60 points. Maximum points under potential for restoration of beneficial uses and reduction of severity is 60 points. Total points available to NPS projects is 120. Each project shall have the criteria applied from each of these ranking area. The result shall be a point total which will reflect the rating of that project. (4) Beneficial uses for the purpose of Section 5.3.6.2(1)A means agriculture, aquatic life, water supply, or recreation, uses as defined by the Commission adopted stream classifications. (5) Severity of impact to beneficial uses as required in 5.3.6.2(1)B shall be determined by information in the Colorado Nonpoint Source Assessment, and in the project implementation plan. (6) National priorities as required in 5.3.6.2(1)C means either a threatened or endangered species as listed by the U.S. Fish and Wildlife Service, a Wilderness Area lawfully set aside by Congress, or a Wild and Scenic River as lawfully determined by Congress. State priorities include: Gold Medal Fisheries or Wild Trout Streams as listed by the Colorado Division of Wildlife, State Recreation Areas maintained by Colorado Parks and Outdoor Recreation, or waters classified by the Commission as High Quality Class 1 or 2. (7) Effectiveness of Proposed Improvements as required in 5.3.6.2(2)A means anticipated improvements to water quality as determined by the Division upon review of the project implementation plan. (8) Demonstration Value as required by 5.3.6.2(2)B means the applicability of proposed best management practices (BMP's) to other NPS sites in Colorado, as determined by the Division. 12 (9) Each year for which great funds are available the Division shall • prepare a priority list of NPS projects for consideration by the Commission. The NPS priority list shall consist of two parts. First shall be the fundable portion of the list. This portion shall consist of projects ready to proceed and for which funds are available during the fiscal year for which the list is prepared. The second portion shall be the contingency portion of the list. This portion shall be comprised of projects which may proceed during the fiscal year if additional funds become available, or a bypass occurs. Priority for all projects shall be for one Federal Fiscal Year. If a project has not commenced within that Federal Fiscal Year it shall be reprioritized the following year in accordance with the priority point criteria. All projects seeking inclusion on the priority list must submit project information to the Division Division by April 15 of the preceeding year. (10) If a project on the fundable portion of the NPS list is unable to utilize funds during the fiscal year for which it has gained priority, it may be bypassed and a project on the contingency portion of the list may be funded. Any decision by the Division to approve a bypass may be appealed to the Commission. If appealed, the bypass shall be stayed pending final action by the Commission. (11) The Colorado Nonpoint Source Task Force shall serve as an advisory group for Division decisions on NPS issues. Review of the priority list for NPS projects shall be a review item for this group. (12) The Commission may determine each year whether projects of an educational OR GROUNDWATER RESEARCH AND ASSESSMENT nature shall be considered for funding. These programs would have funds allocated for their implementation prior to determining funding for demonstration projects. These programs shall serve to improve statewide NPS problems. (13) NPS IMPLEMENTATION projects with total fund requests in excess of $50,000 shall be considered for funding only after all IMPLEMENTATION projects with proposed total fund requests under $50,000 are funded. If total grant funds requested are less than the total proposed costs of a project, the applicant must commit to completion of the overall project for which points are assigned to receive funding. 5.3.6.2 NONPOINT SOURCE PRIORITY POINT SYSTEM (1) Impacts to Beneficial Uses A. Beneficial Uses Points Points shall be assigned based upon the number of beneficial uses impacted by a NPS problem for which the project is designed. Beneficial uses are aquatic life, recreation, water supply and agriculture. The Commission adopted stream standards will be the basis of determining classified uses. 13 I Section, 5.3.6 has been revised to create procedures and a priority system for nonpoint sources. The procedures (5.3.6.1) set forth the requirements for nonpoint source projects to be considered for funding and the methods for assigning priority points to projects interested in funding. The priority system (5.3.6.2) delineates ranking criteria and rating factors for comparing the relative priority of nonpoint source projects. The point system is based upon impacts to beneficial uses caused by nonpoint sources, potential for restoration of beneficial uses and reduction of severity of nonpoint sources. This system then emphasizes the severity of nonpoint source impacts and the ability of proposed improvements to restore water quality. The system also allows education programs to be considered for funding. These educational programs may be funded by the Commission if they present an opportunity to raise public awareness of a prevalent nonpoint source problem area and these programs are weighed against the need for demonstration projects to advance the state of knowledge of best management practices. The Colorado Nonpoint Source Task Force, an organization recognized in Colorado's Nonpoint Source Management Program is identified as a review agency of the Division's yearly submittal of the Nonpoint Source Project Priority List. The Colorado Nonpoint Source Task Force is comprised of a broad spectrum of governmental agencies and interest groups involved in and affected by nonpoint source decision making. 5.3.13 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (1989 REVISIONS) THE PROVISIONS OF SECTION 25-8-202(1)(e) AND (g); AND 25-8-308 (1)(d); C.R.S. , PROVIDE THE SPECIFIC STATUTORY AUTHORITY FOR ADOPTION OF THE ATTACHED REGULATORY AMENDMENTS. THE COMMISSION ALSO ADOPTED, IN COMPLIANCE WITH SECTIONS 24-4-103(4) C.R.S. , THE FOLLOWING STATEMENT OF BASIS AND PURPOSE. BASIS AND PURPOSE: THE PURPOSE OF THESE REVISIONS IS TO PROVIDE A MECHANISM FOR FUNDING NONPOINT SOURCE RELATED GROUNDWATER QUALITY RESEARCH AND ASSESSMENTS. THE EXISTING REGULATION PROVIDES FOR FUNDING ONLY NONPOINT SOURCE IMPLEMENTATION OR EDUCATION PROJECTS. THE COLORADO NONPOINT ASSESSMENT REPORT HAS IDENTIFIED THE LACK OF GROUNDWATER DATA AS AN AREA WHICH HAS PREVENTED AN ACCURATE STATEWIDE ASSESSMENT OF GROUNDWATER QUALITY. THE REVISION TO THE REGULATION WOULD PROVIDE THE COMMISSION, AT THEIR DISCRETION, WITH THE OPPORTUNITY TO FUND GROUNDWATER RESEARCH AND ASSESSMENT PROJECTS. SUCH PROJECTS MAY BE CONSIDERED FOR FUNDING BY THE COMMISSION AND THEIR VALUE DETERMINED BY COMPARING THE NEED FOR SUCH PROJECTS AGAINST EDUCATION OR IMPLEMENTATION PROJECTS. THE 1987 AMENDMENTS TO THE FEDERAL WATER QUALITY CONTROL ACT ALLOW, THROUGH SECTION 319(1), THE FUNDING OF NONPOINT SOURCE GROUNDWATER RESEARCH AND ASSESSMENT ACTIVITIES. Ea34IBIT 3 • ,`. m • T N N F .: U. r_ ♦C ••••••••.. - f.••R AiA ••,... • ► O .I W V P N N f. M r ,:„.„...„.,-;..?. .. ..........7.--.2.:(,t.1,,- ,. • s w Sons • o no r Wes nR :Oa Cpl O' Sn �PW 8z Ii OV 4=0 to nnnFnC rPn P n n PRm 0 0 P nP M n 6 0e • m O >P m w M n n ..Y WOOP C P 0 4 w n P. as p R O nw K O. $n O n On •.P n n wP P ti 0 nR nr c M w V0 • o m A o s ns WO n ;n m • b . w n • n n P O N0 0 P n O nn R. n: O N•rR R F R n M n nn K n m O nbP l",O ga WW n R n WOM n O• n P P R n P O K 4 ,m n tof n 0 O. R K 2 R n ron O n ro n Y P nM M r n YO M • n G ►RC w .O+° R • nP wn n [PO n R O n O • ^ n n a n o n O O m 00 nr n n . . + C r n nH • ro° M ► w r n r n rY. °w M ra pMO n• P V • n V 0 r n n n▪ i.0 m �. : . 0 0 in • ,c a I �c �. De I n Of ar n 6 n pn. 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The Commission also adopted, in compliance with sections 24-4-103(4) C.R.S., the following statement of basis and purpose. BASIS AND PURPOSE: This priority list was adopted by the Commission to determine the funding of nonpoint source projects during Federal Fiscal Year 1990. The Commission at its May 2, 1989 meeting determined that 20% of the FY90 Construction Grant funds should be used to implement nonpoint source management programs as allowed through Section 201(g)1B of the Federal Clean Water Act. The use of the FY90 funds will occur over a period of three Federal Fiscal Years, the FY90 list represents the first of the three years funding efforts. The list proposes eight projects which will utilize $475,700 of the FY90 funds. These funds when matched with required local funds will provide $812,833 of nonpoint source management activities. The demonstration projects on the FY90 priority list were reviewed by the Colorado Nonpoint Source Task Force and Water Quality Control Division. All the demonstration projects are noted in the Colorado Nonpoint Assessment Report and recommended for implementation in the Colorado Nonpoint Source Management Pr2gram. The education programs represent opportunities to raise public awareness in regard to nonpoint source problems arising from irrigated agriculture and urban runoff. The groundwater assessment program proposed by the Water Quality Control Division will increase statewide groundwater quality information. The projects on the FY90 priority list represent a broad spectrum of nonpoint source problems and needs. These projects will serve to improve water quality and demonstrate the effectiveness of nonpoint source control technologies. • q Si fV l� 'Q wen V J• p„ a V1 CO OD . O M Y1� ZViry at cm wM .0 N 0 .0 M r vII Mr Sr y y Nrw a F Fs*14 D. 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F Z m • 4. •0e 9.4 y w g rF �n • 5.14.1 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (1989 REVISIONS) The provisions of sections 25-8-202 (1)(e) and (g); and 25-8-308 (1)(d); C.R.S. , provide the specific statutory authority for adoption of the attached regulatory amendments. The Commission also adopted, in compliance with sections 24-4-103 (4) C.R.S. , the following statement of basis and purpose. BASIS AND PURPOSE: On May 4, 1982, the Commission adopted regulations establishing a system for distributing Federal Construction Grant Funds. Based upon these regulations, as amended, the Commission adopted its priority list for FY-90, to include all projects that can reasonably be expected to receive funding. The Commission has applied the language of Section 5.3.5.1(9) of the Construction Grant Rules in establishing the FY-90 priority list. The grant priority system was developed to allocate funds according to a priority system based upon environmental goals and administrative practicality. In addition to the projects carried over from the FY-89 priority list that will be awarded grants from the FY-88 and FY-89 appropriations, there are two projects listed for 100% Modification/Replacement grants due to the failed innovative systems. Exhibit 5 STATE OF COLORADO FISCAL YEAR - 1990 INTENDED USE PLAN 5.17.1(1) Draft date - May, 1989 STATE OF COLORADO Intended Use Plan FY 1990 INTRODUCTION: The State agrees to submit to EPA, as part of its annual application for a Capitalization Grant under Title VI of the Water Quality Act of 1987 (the Federal Act), an Intended Use Plan (IUP) which meets the requirements of Section 606(c) of the Federal Act and S.B. 50 (1988) These requirements of the Act are as follows: A. A list of those projects for construction of publicly owned treatment works on the State's priority list developed pursuant to section 216 of this Act and a list of activities eligible for assistance under sections 319 and 320 of the Federal Act; B. A description of the short and long-term goals and objectives of its Water Pollution Control Revolving Fund (WPCRF); C. Information on the activities to be supported, including a description of project categories, discharge requirements under titles III and IV of the Federal Act, terms of financial assistance, and communities served; D. Assurances and specific proposals for meeting the requirements of paragraphs (3) , (4), (5), and (6) of section 602(b) of the Federal Act; and E. The criteria and method established for the distribution of funds. This IUP will serve as the planning document for explaining how the fiscal year (FY) 1990 appropriations for the WPCRF will be used. As currently developed, the SUP identifies the specific projects and activities associated with the federal appropriation for FY 1990. The FY 1990 range of funds which can be put into the WPCRF is a minimum of $9,708,000 to a maximum of $19,416,000 which is 100% of the appropriation as specified in Title VI. The State will prepare and submit a Capitalization Grant application based on the FY 1990 allotment for the WPCRF. A. Listing of Water Pollution Control Revolving Fund Projects: Included as Appendix A is the State of Colorado FY 1990 Project Priority List. The project eligibility list is included as Appendix A-1. Table I (below) is a list of projects that will be considered as projected commitments for WPCRF funding. 1 TABLE I Estimated FY Applicant Project Type Project Cost Funding Metro Denver SDD #1 Nitrification $12,826,547 90 Littleton/Englewood AT and Upgrade Facilities $21,800,000 89/90 Ouray S.D. New Treatment Facilities $ 585,000 90 Durango West New Treatment Facilities $ 400,000 90 Denver S.E. Suburban AT and Upgrade Facilities $ 4,930,000 89 Mtn Range Shadows (Larimer County) New Treatment Facilities $ 1,900,000 89 Mountain WSD I/I Correction $ 200,000 89 Wellington New Treatment Facilities $ 325,000 90 B. Short and Long-Term Goals/Objectives: The State has the following short and long-term goals for the WPCRF: Goal #1: Provide maximum State assistance to governmental agencies in achieving compliance with the Federal Act. Objective l.A: Provide for a flexible transition from grant to loan program, to best meet the needs of the governmental agencies. Objective 1.B: Provide incentives to prospective grantees to accept loans in lieu of grants. Goal #2: Design the WPCRF to be as simple, efficient and flexible as possible. Objective 2.A: Develop and implement WPCRF administrative rules and regulations that provide simplified application procedures. Objective 2.B: Develop and implement standard operation procedures and policies that minimize regulations of the governmental agencies to the extent permitted by federal law. Goal #3: Manage WPCRF to meet current and projected water quality needs in the State of Colorado. Objective 3.A: Ensure that the WPCRF remains viable and is self perpetuating to meet the long range water quality needs of the State. Objective 3.B: Minimize administrative expenses associated with program management. 2 Goal #4: Make the WPCRF accessible to all governmental agencies of the State. Objective 4.A: Develop the project selection criteria which encourage maximum state-wide participation. Objective 4.B: Provide adequate publicity and promotion of availability of WPCRF. Goal a 15: Provide financial assistance to governmental agencies at as low a cost as possible, consistent with continued economic viability of the fund. Goal #6: Provide adequate technical assistance to governmental agencies for effective planning, design, financing, and management of facilities to meet water quality standards. Expenses incurred for this assistance will be provided by the administration of the WPCRF. Goal #7: Maintain an adequate data management system to track and monitor all WPCRF projects and program information. Goal 118: Ensure proper accounting, audit, and fiscal procedures, conforming with generally accepted governmental accounting standards. C. Information on Activities To Be Supported: Information pertinent to each WPCRF project is contained in Appendix B pursuant to Section 606(c)(3) of the Federal Act. The State intends to use up to 4% of the Capitalization Grant, which includes the State's share, for administrative support and 1% for 208 planning in managing and operating the WPCRF program. The funds will first be used to meet the demands of all facilities out of compliance and have a severity of pollution problem. These projects are listed on the FY 1990 Project Priority list (Appendix A). The remaining funds will be used for other Water Quality project assistance as described in this plan. D. Assurances and Specific Proposals: The State will provide the necessary assurance and certifications as part of the Capitalization Grant Agreement. This Agreement is the official Operating Agreement between the State of Colorado and the U.S. Environmental Protection Agency. The proposed payment schedule of eight (8) quarters using FY 1990 WPCRF funds is included in the application for the Capitalization Grant. The payment schedule identifies the anticipated amount of Federal letter of credit drawdowns from the Capitalization Grant and State dollars to be deposited into the WPCRF which includes an enumeration of bonds issued by the Authority. 3 Public Review and Comment: The Commission held a formal public hearing on August 8, 1989 and adopted the State's FY 1990 IUP which includes the WPCRF Priority List and Eligibility List. The Water Quality Control Division contacted local governmental agencies on the State's Project Priority List regarding their potential for funding under the WPCRF. In April 1988, a public hearing was held to receive comments and adopt the WPCRF Rules. The Rules were amended in January, 1989. The Water Quality Control Commission mailed out information on the WPCRF Regulations and IUP prior to the public meeting. Each year thereafter, the IUP will be amended to include additional WPCRF projects and the Division will seek further public review and comment. Annual Report: Section 606(d) of the Federal Act requires that beginning the first fiscal year after receiving payments under the WPCRF the State will provide an Annual Report to the U.S. Environmental Protection Agency (EPA). The Annual. Report for Colorado will be submitted to EPA within 90 days after the end of the fiscal year covered by the IUP. This report shall identify loan recipients, loan amounts and terms, similiar details on other forms of financial assistance provided from WPCRF, and such other information as EPA may require. E. Criteria and Methods for Distributing Funds: The WPCRF Rules, the Project Priority List attached as Appendix A, and the Eligibility List attached as Appendix A-1 provide a clear, objective system for identifying priority of wastewater management systems. This system uses the following criteria: (1) Severity of Pollution (2) Quality of Receiving Waters (3) Financial Need (4) Regionalization The rationale for funding projects from the WPCRF priority list in an order other than that shown shall be due to one of the following four reasons: (1) Governmental agencies do not wish to participate in the WPCRF or they choose to proceed with the Authority's other bonding capabilities. (2) Governmental agencies not ready to proceed with the project. (3) Governmental agencies not in compliance with the enforceable requirements of the Federal Act. (4) Governmental agencies do not have the financial capability to repay a loan. 4 • • The WPCRF criteria for reviewing the financial capability of the applicant will be included in the State/EPA Operating Agreement. The State legislation S.B. 50 (1988) establishes a WPCRF as an enduring and viable fund. 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CO p 5 sK 0900 OM - M 0 to Al~m 0K m(MC Mn 7 CC) P A> r i AC i o o�p. 8 r 0 .JM() �YN 2 K umo ...a Y M.. .1 m 000 0200 42 PO 0 A 0a .4x r ............ . m w 20 .... M n < 0 N▪A= I N O92 O I._ 17.1m 0 aM a r fa Y w re... 0 P CO o trlam W N.1 w O 0 O .AID m Z I' T 09IC 0 0t A YyM r • 0 T. 0000 m -m $ w M z •A o K 4 -0 o T. >❑'4 r 5 O F .. ...... .. .. .................. w 1"y8 20 a in w.0 4) a m + O.i w C 4 .°'g O. ., 10 4 0 n M A O .... .. .. .. .............. .yy .. I IrLr' 4a 1 14 I.o R.CD S•9 °° <). - I 010.4 M� 0• 'V m I.. 4 M r•.1 m .-< b 4 O 3.Z M x00.1 M .4 K y T'0O OS N Mor-I w mM �, In o ...Or > m r r o 0 O Draft - May, 1989 APPENDIX A-1 COLORADO PROJECT ELIGIBILITY LIST FISCAL YEAR 1990 Estimated Eligible th tity Cost 1 Colorado Springs 2,000,000 2 Metropolitan Denver S.A.D. #1 16,000,000 3 Alamosa 750,000 4 Longmont 1,150,000 5 Paonia, Town of 213,000 6 Woodland Park 2,704,938 7 Durango W. Metro Dists. 1 & 2 400,000 8 Cucharas S & W Dist. 6,000,000 9 Littleton/Englewood Jnt. Sewer 20,000,000 10 Lafayette 727,000 11 Louisville 3,400,000 12 Divide Water & S.D. 695,000 13 Buena Vista S.D. 1,200,000 14 Georgetown, Town of 200,000 15 Trinidad 3,050,000 16 Wray, Town of 245,000 17 Nucla, Town of 550,000 18 Dolores, Town of 800,000 19 Saguache, Town of 200,000 20 Central Clear Creek S.D. 380,000 21 San Luis, Town of 150,000 22 Sanford, Town of 150,000 23 Ouray, Town of 585,530 24 Castle Rock/Castle Pines 4,400,000 25 Palmer Lake S.D. 2,518,000 26 Weld County (Galeton) 242,000 27 Arapahoe Water & S.D. 1,840,000 28 Cottonwood Water & S.D. 350,000 29 Denver Southeast Suburban 4,930,000 30 Erie Water & S.D. 750,000 31 Larkspur, Town of 300,000 32 Telluride, Town of 1,000,000 33 Alma, Town of 200,000 34 Blackhawk/Central City 200,000 35 Hotchkiss S.D. 300,000 36 Mountain Water & S.D. 420,000 37 Nederland, Town of 240,000 38 Pagosa Springs S.D. 5,000,000 39 Radcliff Water & S.D. 908,000 APPENDIX A-1 (Continued) COLORADO PROJECT ELIGIBILITY LIST FISCAL YEAR 1990 Estimated Eligible Entity Cost 40 Romeo, Town of 51,000 41 Rye, Town of 150,000 42 St. Mary's Glacier 100,000 43 Crested Butte, Town of 126,000 44 Kittredge S.D. 1,050,000 45 Perry Park Water & S.D. 100,000 46 Roxborough Park Metro 1,500,000 47 Summit County (Snake River) 1,000,000 48 Willowbrook S.D. 1,300,000 49 Brush, City of 100,000 50 Larimer County (Mt. Range Shadows) 2,000,000 51 Las Animas, City of 50,000 52 Ovid, Town of 33,000 53 Seibert, Town of 25,000 54 Wellington, Town of 500,000 55 Cheyenne Wells S.D. 60,000 56 Ft. Lupton, Town of 2,981,000 57 St. Charles Mesa S.D. 10,000,000 58 Crook 350,000 59 Montrose, City of 354,500 60 Steamboat Springs, City of 1,050,000 61 Eastlake S.D. 215,700 8 8 E r. 1 R L' W I^ 21 P to 8 r n A 0 �" Cm N -, 0 - 0 0 R o '' C 0 Y P C co e n }r a 91 07 * T -eZZ • . - rr be a 0• 0 (n c N N F. p R C O S g o . a y 4. �QQQj �` F9 0 p�0 0 R p'5 0 0 n O 0 O 0 '5 O 0 S n N N P 0 N O O 0 in w w N N N .O N 0 x y y 0 r. O O 0 W r .- 0 o m 0 41 1 N N O 0 W c o. w 0 W w 0 O O - - 1 1 1 1 1 a. m b p a .OO 0 .0O V .00 .0 .0 O 0 e .tea O v '0 s a 0 0 n 0 K w o - 0 0 0 0 0 n w x w. N r Is la Is r r. _ rn 1 .I I I 1 I n 01 CO 0 .0 0 0 0 CO rho CO O 0 Y Y Y T 0 r• 'i 0 .O .O •O .O '0 N ,H,1 s 1- 1- 0 CO .•• 0 la JP M W 0 . N Y S 1- N N N 'y• m W •-. N 0 OW VI 0 OO p 8 v O O P c O P O O O O p O N ^ AQ N N N N N N N Y ).Y N in p p Q p Q p p jr ' V V V `.C V V V R IBC L 6 R 0 to O el .. Pa 0. 0 N 0 N A 410 r t�• -\ �.,, O W O w O 0 w 0P O F• F• 1... 1+ n 1 1 1 I 1 A N N O W N N g nr�V n H N .0.0 0 S S It W. S M Is P . r P n A \IP O J ls so0 .1 M 1•. • r IS .. R f'I 6 '1111 N F ;Si S o g 8 8 o s la 0 „ ro ../r) co 0 0 Z 5.17.1(2) STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (1989 REVISIONS) The provisions of sections 25-8-202(1)(e) and (g); 25-8-308(1)(d); 37-95-107.6(4) C.R.S. , provide the specific statutory authority for adoption of the attached regulatory amendments. The Commission also adopted, in compliance with sections 24-4-103(4) C.R.S. , the following statement of basis and purpose. BASIS AND PURPOSE: The FY-90 Intended Use Plan establishes the goals for the Water Pollution Control Revolving Fund (WPCRF) program and includes as its attachments - the FY-90 WPCRF Project Priority List, the Project Eligibility List, and a project status of those that are expected to proceed. On April 27, 1988, the Commission adopted regulations establishing a system for distributing monies from the WPCRF. Based upon those regulations as amended, the Commission adopts its priority list for FY-90 to include all projects that can reasonably be expected to receive funding. The Commission has applied the language of Section 5.2.5 of the WPCRF Rules in establishing the FY-90 priority list. The "A" portion of the list includes projects that have an approved facility plan and are ready to proceed. The "B" portion of the list are projects that should be ready to proceed in FY-90 and the "D" portion are those that need to begin the planning process. • E)Q4TBIT 3 • * •O li Nre O 0 a V 0. 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P. 8 4 q. a n .5 w r re a a 0 P a 0 P 0 a e n `J a a' V P me V V P V O' a I.Oi W m m O m0 m m M n m m n m m n n R R R 4 4 •r a la .7 M co -a' b P N - o a+ in co n rm. co in in d - o N O1 F a7 M 5 a Cu Y u W > 5 d a y V) V) in O 0 O .n O 5 .5 00 .•l .-1 .-1 N N .-1 sl N O O N W 0 l O m .-. O a 44I O. N 0 u a. O 0 w ID •0 a+ w I P. d N co 1) c1 M 4-4 co O a) N u 0 to '•9 0 L a. Ql Q N CO C 0 O o 0 0 o 0 o 0 0 N .-I N to u - C u Q a O W a C V) O .n O O in .n VS o 4) s M N M -a N N .-1 z ca oil O o o ++ a Y CO N U Is 0 O O. J CO CO d .O •R d O W B a H r+ Y o a .44 a M 04 l 44 CO MI M a M +i 444 ..+ C C C C a F. 5 .-1 O O 0 0 0 0 a -I +r a 0. .) Mtt�� Y W app+ V a 7 .. C a 0 O 0 0 0 Y 0 M 5 - ..l .4 ..4 S a .4 .i Y a) a4 u u u s a ,4) 5 o C eo d .Or 0 a a5rr a a � a w c~.. aar a+ d ,0 $ a co C.> "S " 'Spd '8a 1554 CD L. 03d d5N 0 is U O 4) `� a a V 5 5 4) M O 0 5 0 V ID PO b 0 4 a b O V N 5.1 ar U O a4 II 44I I+ CS O N mg 7 CD Cr0 C °" Cl..ID ' CIO .-4 .0 0 IS COC O 5 .1 0 a O ..l , .4 ..d a1 C C 1.. .." 5• a) M 0 Co Tx LV x0.7 m rn Oo . C C CO 0 IS•DPT FORM PRESCRIBED BY THE PROPERTY TAX ADMINISTRATOR FORM 920 I/B6•I/o• PETITION FOR ABATEMENT OR REFUND OF TAXES—nocc,uu. co.. [WIVES MO Petitioners: Use this side only. ail 1 Greeley Colorado Februa.ry...9., 19.89 City or Town To The Honorable Board of County Commissioners of Weld County Gentlemen: The petition of Cowan Concrete.,.Products•-Inc whose mailing address is:..... ?S... r"d...$.tr.ee.t Greeley Colorado 80631 City or Town State Zip Code SCHEDULE NUMBER DESCRIPTION OF PROPERTY AS LISTED ON TAX ROLL 2795486 Gr 43 All B1k 2 respectfully requests that the taxes assessed against the above property for the years A. D. 19 87 19.88 19 are erroneous or illegal for the following reasons, viz: (Explain completely why the assessment is erroneous or illegal) land was double assessed 19.87.... .076423 19.88.. .082846 19 Value Tax Value Tax Value Tax • Orig. 94,440 7,217.40 94.440 7,823.98 Abate.51,310 3,921.28 ....51..33.1Q 4,.250...82 Bal. 43,130 3,296. 12 43,130 3,573. 16 for 1988, but has paid for 1987. That he has ....trot 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 $S.,.172,10 I declare, unaer penalty of perjury in the second degree that this petition, together with any accompanying exhibits or statements, has been examined by me and to the best of my knowledge, information and belief is true, correct and complete. Cr) 7U • ti Cowan Concrete Products Inc. m � � Petitioner [L.} wn C4,.4i2e." VI Agent n Address 6a5...3r.d..Street Greeley, Colorado 80631 -- - ulaO I RESOLUTION OF COUNTY COMMISSIONERS WHEREAS, The County Commissioners of Weld County, State of Colorado, at a duly and lawfully called regular meeting held on the 22nd day of February , A.D. 19 89 at which meeting there were present the following members* Ghaj;man C.W. Kirby,, and Commissioners Gene R. Brantner, Jacqueline Johnson, George Kennedy, and Gorden £. Lacy notice of such meeting and an opportunity to be present having been given to the taxpayer and the Assessor of said County and said Assessor . Richard W. Keirnes, present and taxpayer neither present nor represented tae cp> t; and (nonte) (nun%) WHEREAS, The said County Commissioners have carefully considered the within applica- tion, and are fully advised in relation thereto. NOW BE IT RESOLVED, That the Board concurs with the recommendation of (contort or don not concur) the assessor and the petition be approved and an abatement/refund be allowed (approved or denied) the allowed or not be allowed) on an assessed valuation of$ 51,310 for $ 8,172.20 total tax for the year(s) 19 87 5 88 Lt.J� Chairman of Bo rd of C my Commissioners. 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 above and foregoing order is truly`ecopied from the d records of the proceedings of the Board of County Commissioners for said County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County. at Greeley , this 22nd y of February , A. D. 19 89 • County Clerk. <�-By.... O1. e.7A- . . t . . . Deputy. ACTION OF THE PROPERTY TAX ADMINISTRATOR y� Denver, Colorado, ..,.//.1�i t / 3 , 19 et/ n of the Board of County Commissioners, relative to the within petition, is hereby �r❑ appro ed; approved in part $ O denied for the following reason(s) GA� ftrR�*�+�'ti ;� Secretary. Property Tax Administrator. ci gx ,..` L. In `~d as •�E o k. yro �� N N o N E Ex ma 7 + w CVN CR ("tic a A . + O F. •� >y 43 2 O O.� t 44 a0 m o a \ �O Z •gHg nc A OE 61 erg ,tl v Q ,,.. VS < .t\ S. Vl .._ti 'Eta.. d a. l.. A wco 0 p, • C O P 41 C 0 i' v CA byq o ! ¢k O 0 x -a �p tp y ~` .O..S N O C p t7 ti (4 4,±", z to d5 0 0 61 b I� �t N O.N •:. 3.2 N is S , a E o c c. ..-"Ti C x p, 42 c ` ro (�,� a a, 1 'g E d C tIl V .N.., N id '7 Q'O ' \ `J G E I ? a m l ks o 'a CQ I • Ci nI a00❑-t A • Y�.. J,;; 7 Highway Colorado Department of Highways " . 4201 E. Arkansas Ave. Denver, CO. 80222 For More Information: 757-9228 #89-24 JUNE 15, 1989 CONSTRUCTION BIDDING ACTIVITY FOR JUNE 15 FR 064-1(6) S.N. 64 EAST OF RANCELX Minor widening on S.H. 64 along 2 1/2 miles east of Rangely, which includes clearing and grubbing, grading, aggregate base course, hot bituminous pavement, plant mixed seal coat, drainage, concrete box culvert, striping, seeding and mulching, in Rio Blanco county. Number of Bidders: Three (3) Apparently successful bidder: $1,115,472 from Kiewit Western Company of Littleton Calls for completion: 60 working days Preconstruction Project Manager: Franklin C. Moore Resident engineer: Dale Pyle, Craig MP 99-2000-21 S.H. $3 IN COLORADO SPRINGS Restriping 15.4 miles of Academy Blvd. in Colorado Springs east and north of Pikes Peak Community College, which includes thermoplastic pavement marking, in El Paso county. This project will be readvertised because there were fewer than three bidders and the low bid was more than two percent over the engineers' estimate - Colorado Revised Statute, section 43-1-111(8.5), C.R.S. , as amended. HES 0004(36) SIGNAL'S IN CREELEY MC 5500(6) Combined project for signals in Greeley: signalization at U.S. 85 Bypass at 22nd Street east of University of Northern Colorado; also signals and minor widening at U.S. 34 and 28th Avenue, which includes curb and gutter, sidewalk and hot bituminous pavement, in Weld county. This project will be readvertised because there were fewer than three bidders and the low bid was more than two percent over the engineers' estimate - Colorado Revised Statute, section 43-1-111(8.5), C.R.S. , as amended. - over - • Highway News Page 2 SR 0094 26 S.H. 94 EAST OF PUNKIN CENTER Resurfacing S.H. 94 in Lincoln county. consisting of hot bituminous overlay, plant mixed seal coat, guardrail, seeding, mulching, and striping, beginning about eight miles east of Punkin Center and extending four miles east, Number of Bidders: Seven (7) Apparently successful bidder: $347,487 from Carder Incorporated of Lamar Calls for completion: 30 working days Preconstruction Project Manager: Dean VanDeWege Resident engineer: John Coetzcke, Limon i SR 0012(26) S.H. 12 NEAR SEGUNDO Rebuilding 2.1 miles of S.H. 12 near Segundo, which includes grading, drainage, aggregate base course, hot bituminous pavement, plant mixed seal coat, striping, concrete box culvert, topsoil, seeding and mulching, beginning about 11.3 miles west of Trinidad and extending westerly in Las Animas county, SR 0012(26). Number of Bidders: Five (5) Apparently successful bidder: $1,074,851 from Kirkland Construction Co. of Rye Calls for completion: 90 working days Preconstruction Project Manager: Ed Hier Resident engineer: Bill Rizley, Pueblo MP 99-6000-40 THERMOPLASTIC PAVEMENT MARKING. DENVER AREA Refurbishing thermoplastic pavement marking in the Denver area, in various counties. Number of Bidders: Two (2) Apparently successful bidder: $195.394 from Kolbe Striping, Inc. of Castle Rock Calls for completion: 20 working days Preconstruction Project Manager: John K. Knop Resident engineer: Larry McKenzie, Denver BIDS TO BE OPENED ADD: JUNE 29, 9 A.M. . resurfacing 4.8 miles of Sheridan Blvd. at the western edge of Denver between Sixth Avenue and 52nd Avenue, which includes hot bituminous pavement overlay, plant mixed seal coat, curb and gutter, and striping, in Adams, Denver, and Jefferson counties. MP(ES) 01-0095-24. 9:15 A.M. . rebuilding S.M. 96 in Pueblo (Thatcher Avenue and Lincoln St.) beginning seven tenths of a mile east of Pueblo Blvd. (S.H. 45) and extending 1.6 miles east/northeast toward the Arkansas River which includes grading, hot bituminous pavement, plant mixed seal coat, curb and gutter, sidewalk and striping, in Pueblo county MRU 0096(4). -more - $ Highway News Page 3 21:30 a.m. . wooden sound barrier fence along the south side of the Denver-Boulder "Turnpike" in Adams county between Pecos Street and Broadway,including clearing and grubbing, grading, topsoil, seeding, mulching, aggregate base course, hot bituminous pavement, and guardrail, located on V.S. 36, FCU 036-1(38). NSW: JULY 6, 9:30 A.H. . construction on the Denver area's southwest circumferential C-470 Centennial Parkway. to build the Belleview Ave. overpass and nine tenths of a mile of four lane roadway toward Hampden Avenue (U.S. 285), combined project to include grading, hot bituminous pavement, plant mixed seal coat, drainage, guardrail, bridges, in Jefferson county, IXFU 470-1(51) and CXXXFU 11-0470-09. 10:00 a.m. resurfacing three miles of College Avenue (U.S. 287) in Fort Collins between LaPorte Avenue and Shields Street near Terry Lake, which includes hot bituminous pavement overlay, striping and curb and gutter in Latimer County, CX (OF) 06-287-33. 10:15 a.m. guardrail and bridge rail on U.S. 24 in Lake County beginning about 6.8 miles south of Leadville and extending about six tenths of a mile southerly, MP 41-0024-13. 10:30 a.m. hot bituminous pavement (machine patching) in Mesa and Delta Counties on S.N. 65 at spot locations, from two miles south of Orchard City to about 30 miles north of Cedaredge, MP(ES) 99-3000-15. 10:45 a.m. hot bituminous pavement (machine patching) on S.N. 131 in Eagle County at spot locations, from nine miles north of Wolcott extending 12 miles northerly, MP(ES) 99-3000-16. 0:: . -,TIIE WATER SUPPLY AND STORAGE COMPANY HARVEY a,JOHNSON.P%Esina VIVIENNE I. WO0DWARD, E[ORtYANY '-- ►osy OTC[ Box MA PHONE AR;•JA?3 2310 Sat MVLRERRY PORT COLLINS, COLORADO swizz June 20, 1989 Weld County Commissioners 915 19th Street Greeley, Colorado 80631 Dear Commissioners; We are having so many problems with large weeds blowing into our ditches and we find that the greater share of the weeds are coming off of land that are under the government program of taking land out of production. I am enclosing a copy of our letter to Congressman Brown. The same were sent to Senator Armstrong and Congressman Wirth. Sincerely, THE WATER SUPPLY AND STORAGE COMPANY Harvey Johnson President HGJ/vw 1 18 VP1111:79:667 THE WATER SUPPLY AND STORAGE COMPANY HARVEY O.JOHNSON,PRESIOtNT VIVIENNE I. WOODWARD.SECRETARY Pop Ornet DORIS'S PHONE 412.3433 2310 CAST MUL001RY FORT COLLINS. COLORADO scum June 15, 1989 Congressman Hank Brown 1510 Longworth House Office Building Washington, D.C. 20515 Dear Congressman Brown: I am the president of the Water Supply and Storage Company, a nonprofit mutual ditch company located in Fort Collins, Colorado. The Company provides water to its shareholders, who irrigate lands within Larimer and Weld Counties. The Water Supply and Storage Company runs its water through approximately 72 miles of canal. The Company owns eleven reservoirs. Approximately 48,000 acres of cropland are irrigated under the Water Supply system. We are a major distributor of water in northern Colorado. As you might imagine, we must continually maintain our system to ensure that our water users receive their water entitlement. Maintenance of our system includes the cleaning of large weeds which are windblown into our canal. If not removed, the weeds would clog the canal, resulting in a flooding of lands, and making it impossible to deliver water to our users. Cleaning the canal of weeds is not a small task. We must send a crew to travel the canal and burn the weeds. In many places, public bridges serving highways and roads cross the canal. We must clear all weeds well away from the bridges before burning them as the fires are so hot the bridges would quickly ignite. Concurrently, at each bridge site we coordinate with public officials to ensure that the smoke from the weed fires does not blind drivers traveling the highways. I have been associated with the Water Supply and Storage Company for over fifty years. In the past, we have cleaned our canal of weeds once a year. Recently, however, my company has found that the canal must be cleaned three to four times per year. The increase in weeds blowing into our canal is the result of a program of the federal government which pays agriculturists to take land out of production, the P. I.K. program. The vast acreage which has been taken out of production is being overrun with weeds, which ultimately die and blow into our canal. Congressman Hank Brown June 15, 1989 Page 2 Thus, while one problem may have been solved, a series of problems have been created. We encourage you to examine this situation to determine what may be done. We are closely tied to, and in fact exist because of irrigation and agriculture. We deserve no less consideration than those who are participating in the P.I.K. program. We look forward to your response. Sincerely, Harvey G. Johnson President HGJ:nw cc: The Larimer and Weld Irrigation Company The North Poudre Irrigation Company wr£610 _ COLORADO COUNTIES INC. June 21, 1989 -1 0-7 r ti r Board of County Commissioners ,;, Weld County .. P.O. Box 758 :'' Greeley, CO 80632 Re: Bridge Structures 136.0-079.0A 120.0-085.0A; 068.5-013.0A Dear Board Members: The Special Highway Committee regrets to inform you that they were unable fund the subject bridge projects from the FY 89/90 Special Bridge Fund Account. The Committee received applications from 48 counties which represented 94 individual projects. These requests totaled more than $ 22 million in needed improvements while the FY 1989/90 County portion of the Special Bridge Fund was set at approximately $ 4 million. In light of these funding limitations, the Committee was able to recommend only 22 of these project requests to the Colorado State Highway Commission for approval. The statutory "Sunset" date for this program is June 30, 1992. The Committee will continue to solicit project applications, at a minimum, at least once a year, and the notifications will be directed to each of the Boards of County Commissioners. Thank you for the time and interest involved in responding. Sincerely, r.Mickt M. n Special Highway Committee Designee cc: Ed Touber, Chairman, Special Highway Committee 1 lien,11-9") -H/rid' .Weft. 1177 Grant Street • Denver,Colorado 80203 • (303)861.4076 • Fax(303)861-2818 COLORADO COUNTIES INC. lj a Board of County Commissioners June 21, 1989 weld County 915 10th Street -' 0 Greeley, CO. 80632 o ar ' • :J RE: Notification of Project Approval Structure No. 080.5-1-017. 0A Dear Board Members: ? i am pleased to inform you that your project referenced above was authorized for funding from the Special Bridge Fund Account by the Colorado Highway Commission on June 15, 1989. The maximum funding level from this account has been set at $202, 000.00 and this project authorization is subject to the following conditions: a. The approved maximum funding limit on any project cannot exceed 80 percent of the actual project cost. b. The approved maximum funding limit will not be in- creased to cover increased costs or cost overruns. c. No State funds will be paid for any costs, includ- ing engineering cost, unless and until actual con- struction on the project is started. d. A "Certification of Intent to Proceed" must be sub- mitted to this office within 45 days of the date of this letter, (see step 5 on page 2 of the enclosed Colorado Department of Highways "Procedural Direc- tive No. 43.1") . e ` �1 1177 Grant Street • Dewier,Colorado 80203 • (303)861.4076 • Fax(303)861-2818 L'5O7,51 e. A "Project Budget Cost Estimate", (see enclosed sample) , must accompany the "Certification of In- tent to Proceed" referenced in paragraph "d" above. Please note that the maximum allowable engineering costs cannot exceed 20 percent of the total project cost. Your proicct is one of the 22 that are being funded with the $ 4 Million County share of the FY 89/90 Special Bridge Fund monies. The Special Highway Committee received applications from 48 counties. These applications represented 94 individual projects and totaled more than $ 22 million of needed improvements. If you have additional questions please call me at 861-4076. Sincerely, Micki enso Special Highway Committee Designee MMH Enclosures cc: Ed Touber, Chairman, Special Highway Committee •Cr STATE OF COLORADO COLORADO D__€hQRTMENT OF HEALTH . P M1 p `V 4270 East 77th As�ehue r. �� N�� *$ Denver, Colorado 80220 - _ _ ,�a - Phone (303) 320.8333 _ - ��. Roy Romer Governor June 16, 1989 Thomas M.Vernon.M.D. Executive Director Weld County Commissioners 915 10th Street Greeley, Colorado 80632 RE: Wixco Services, Inc. Proposed Infectious Waste Incinerator at 12311 Weld County Road 41, Hudson, Colorado Dear Commissioners: - The Hazardous Materials and Waste Management Division (the Division) of the Colorado Department of Health has completed its technical review of the application for the proposed Wixco Services, Inc. infectious waste incinerator as submitted on December 29, 1988 and . amended on January 27 and June 2, 1989. The site is located at 12311 Weld County Road 41 and encompasses 1/4 acre. The application was reviewed to determine if the site could comply with the minimum standards of the Solid Wastes Disposal Sites and Facilities Act (the Act), 30-20-100, et sea, C.R.S. 1973 as amended, and with the regulations promuliated thereunder, 6 CCR 1007-2, known as the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (the Regulations). The following major facility commitments are agreed to by the applicant, Wixco Services, Inc. , as contained within the application materials: 1. Infectious waste will be the only waste stream collected and incinerated at the incineration facility. This waste stream consists of infectious materials, other biomedical wastes which are potentially infectious and materials which have come in contact with either as determined by the infection control policies of the source institution. Categories commonly included in this waste stream are: sharps, pathological wastes, microbiological laboratory wastes, human blood and blood products, isolation unit wastes, surgery and autopsy waste, dialysis waste, contaminated laboratory wastes and equipment and contaminated animal carcasses. Generators of this waste stream may include: general acute care hospitals, skilled nursing facilities or convalescent hospitals, intermediate care facilities, in—patient care facilities for the developmentally Q� disabled, chronic dialysis clinics, free clinics, community I (.r.Y}� �, clinics, employee clinics, health maintenance organizations �\rCe• Weld County Commissioners Page 2 June 16, 1989 (HMO's), surgical clinics, urgent care clinics, hospices, acute psychiatric hospitals, laboratories, medical buildings, physician's offices, veterinarian facilities, dental offices and funeral homes. 2. Hazardous waste, as defined by state and federal RCRA related regulations, will not be accepted. Radiological waste will also not be accepted. The generator of the waste is responsible for preventing hazardous and radiological waste from entering the infectious waste stream. Wixco Services will require or review customer waste management plans prior to accepting their waste. Rocky Mountain Environmental, Inc. , a subcontractor to Wixco Services, Inc. , will be the sole transporter to the facility. Boxed biomedical waste will not be routinely opened and inspected because of the potential health risk to workers. If it is necessary to open and inspect packaged waste, procedures identified in the Health and Safety Plan will be followed. The six temperature probes in the kiln will assist in identifying illegal hazardous waste disposal. Radiological waste will be identified at the point of generation through the use of millirem counters. Any boxes which test positive for radiation will not be accepted. A second millirem counter will scan the wastes at the scale located at the head of the kiln. 3. The facility will initially consist of one 750 pound per hour rotary kiln incinerator with a wet scrubber to remove acidic gasses and a filter baghouse to remove particulate emissions. If market conditions create demand, a second identical unit would be installed. The planned maximum operational time is 20 hours per day, 5 days per week for each unit. The length of time for actual operation will be dependent on volumes to be processed and maintenance schedules. The incineration will all be done in an enclosed building. At the scheduled rate of 20 hours per day, a maximum average of 15 tons per day could be processed. At a rate of 24 hours per day, a maximum average of 18 tons could be processed. 4. Routine procedures for incinerator start-up begins with loading waste material into the hopper. A hydraulic ram is activated to push the refuse from the hopper into the kiln. A gas-fired burner ignites the waste. After the kiln temperature reaches a Weld County Commissioners Page 3 June 16, 1989 - prescribed level, the ignition burner shuts off. The burner will re-ignite if the refuse chamber temperature falls below 14000 F. Retention time in the kiln averages 4 hours. An automatic lockout system precludes wastes from entering the kiln if temperatures are not at 14000 F. Gases from the kiln are ignited in the discharge end of the kiln. A minimum of 18000 F temperature is maintained in the discharge end using a supplemental gas-fired ignition burner. All gasses are retained for a minimum of one second. Cytotoxic toxic wastes will be collected in specially designated containers and incinerated in a special run at 21000F. 5. Normal procedures for scheduled shutdown are to stop the loading of additional waste into the unit to allow for complete pyrolysis of the waste material in the first chamber. The incinerator unit is allowed to "cool down" for maintenance or until it is required for further use. Ash is removed from the unit during the "cool down" process. Minimum combustion temperatures are automatically maintained in the kiln through the use of the supplemental gas-fired ignition burners. In the event of an unscheduled shutdown, waste material that has not been completely processed will be left in the unit until start-up can be resumed or will be removed manually or through the use of the ash removal system. Any partially incinerated waste material removed from the unit will be stored in metal drums until the processing can be completed. The metal drums will be stored under refrigeration after 24 hours. In the event of failure of the ash removal system, the unit will be shutdown and repairs made. If it is necessary to remove the ash in the unit, manual removal will be executed. The ash will be placed in the ash collection bin. 6. Collection vehicles will consist of 24-foot long closed trucks and 44-foot long tractor trailers. Refrigerated units will be used if the time from collection co delivery of the waste to the incinerator exceeds 24 hours. 7. All incoming waste will be directed to the waste receiving area. The waste receiving area has been sized, according to the capacity of the incinerators, to hold the equivalent of 48 hours of waste material. If the waste cannot be processed within 48 hours of receipt, it will be stored outside the building in enclosed refrigerated trucks. 8. The building and site grounds will be rodent and vermin resistant. A professional exterminating service will be retained to implement an ongoing control program. Weld County Commissioners - Page 4 June 16, 1989 9. Tracking of waste from the generator to disposal will be done through the use of a manifest system similar to that required under RCRA and DOT hazardous waste transportation requirements. Rocky Mountain Environmental collection personnel will record each box of waste as it is picked up. Magnetic bar codes and bar code readers will be used to identify all of the waste material. The bar codes will be recorded again as the boxes are fed into the kiln or into refrigerated storage. The generator will be supplied with records verifying the proper disposal of all of the waste collected. Other records which will be kept include operational information, records of any spills, volume of waste processed, kiln inspection records and air quality monitoring results. Records which are kept will be submitted to or made available to appropriate regulatory agencies on demand. 10. Sharps must be placed in puncture resistant containers. All other wastes must be placed in polyethylene bags which meet or exceed the ASTM D1709-75 165 gram dart-drop test and will be red in color and imprinted with the OSHA required biohazard symbol. If the outside of the bag is contaminated with blood or other body fluids, a second outer bag should be used. All bags must be placed in sturdy corrugated boxes marked with the international biohazard symbol. 11. Based on a 92% reduction rate, 1.2 tons of ash could be produced per day. Assuming 1,145 pounds per cubic yard density (42.4 lb/cu ft), the volume produced would be 2.1 yards per day. The moisture content is expected to be 8%. The ash will be stored and transported in covered containers. The size of the containers will be determined at the time the hauler is selected. Non—hazardous ash would be disposed of at an approved sanitary landfill. 12. The wastewater sources anticipated are from washing the floor and equipment and from cleaning of reusable containers or vehicle boxes. Disinfectants will be used during washdown procedures and all wastewater will be incinerated in the kiln. 13. A detailed daily maintenance and operation check list and log will be kept on site. The log will include a complete inspection check list for each piece of equipment in the kiln circuit, the temperature and monitoring data, and the waste volumes incinerated and stored. 14. Access to the site is limited by locked gates and two security dogs patrol the property after hours. Warning signs stating Weld County Commissioners Page 5 June 16, 1989 that infectious waste is in the building or vehicles will be - - posted at all points of entrance to the building or vehicles. The warning will be in English and Spanish. An emergency contact phone number will appear on the sign. 15. The operations personnel, drivers and other staff will be given a thorough training course immediately upon placement and prior to actual conduct of their assigned duties. Refresher courses will be given four times per year and will be mandatory for all personnel. 16. All Wixco Services and Rocky Mountain Environmental personnel will be included in a medical monitoring program supervised by a physician with experience in occupational safety for health care workers. 17. Upon closure of the facility all wastes will be incinerated or removed from the facility for proper disposal. All ash will be properly disposed. Based on the content of the application and amendments to it and on these agreements, it is the assessment of this Division that the proposed facility can comply with the minimum standards of the Act and with the Regulations: if the facility is constructed and operated as detailed in the submitted Certificate of Designation application, referenced correspondence and as summarized above; and if the construction and operation includes the listed recommendations of the Division. Wixco Services has been notified of these recommendations and has committed verbally to complying with the recommendations. Based on this assessment, the Division recommends approval of the facility contingent upon the inclusion of the following recommendations as part of the Certificate of Designation, if issued: I. The facility must obtain an Air Pollution Control Division permit prior to commencing operations. Either this permit or Section 10.3.3 of the Solid Waste Regulations, whichever is more stringent, will apply to the combustion efficiency and associated continuous monitoring required for each of the incinerators. 2. Only biomedical wastes generally referred to in Item 1 of the first portion of this letter will be incinerated. 3. A representative, composite sample of the ash shall be analyzed for RCRA EP toxicity and putrescible matter at the end of each of the first 3 months of operation or prior to the first disposal, whichever comes first. Assuming satisfactory results, a representative sample would then be required every 6 months thereafter. Weld County Commissioners Page 6 June 16,1989 4. A copy of the protocol to be used by customers to preclude hazardous and radiological wastes from being mixed in with the infectious waste will be sent to both the Weld County and Colorado Health Departments for review and approval prior to start-up of the facility. 5. Prior to start-up of the facility, a specific contingency plan to utilize alternative disposal sites in the event of incinerator failure projected to be greater than four days shall be submitted to the Weld County and Colorado Health Departments for review and approval. 6. The bar code labels on the boxes will be readily identifiable as Wixco Services boxes. 7. A pressurized disinfectant applicator will be maintained on all collection vans, trucks or other vehicles. The disinfectant stored in the vehicles will be routinely checked for sufficient disinfectant strength. 8. Drainage will be routed away from the outside storage area and from the kiln building. 9. If a truck or any area associated with the incinerator facility shows any signs of leakage from the containers, the affected area will be washed with a detergent and disinfectant. Records of any decontamination activities will be kept. The insides of all trucks will be washed at least once every two weeks. The washing protocol will be agitation to remove visible soil combined with one of the following procedures: a) Exposure to hot water of at least 320 centigrade (1800 Fahrenheit) for a minimum of 15 seconds. b) Exposure to chemical germicides that are registered with and approved by the U.S. Environmental Protection Agency (EPA) as "sterilants" can be used either for sterilization or for high-level disinfection depending on contact time. 10. Wastes will not be kept in the delivery trucks for more than 24 hours after pick-up from the generator. 11. The facility will collect and remit to the Department the Hazardous Substance Response Fund Fee as required by 25-16-101, et its, C.R.S. 1973 as amended. 12. The Colorado Department of Health is in the process of developing specific infectious waste regulations in addition to the solid waste regulations now in effect. The most current and 1 Weld County Commissioners Page ? - - - -June 16,"1989 - comprehensive draft of these regulations (May,- 1989) were - - - incorporated in the final review of this proposed facility. - Within a month of the promulgation of the final infectious waste regulations, Wixco Services must submit a statement to the Weld County Health Department and to the the Colorado Department of Health identifying any differences between the regulations as adopted and the facility's equipment and operations. Wixco would be obligated to make any changes necessary to comply with the final regulations on a schedule agreed to by Weld County and the Department. The Division respectfully requests that the Weld County send a copy of the final approval with all conditions to the Division if and when it is issued. - - If you have any questions regarding this Division's conditional approval, please contact Steve Orzynski at 331-4863. - Sincerely, Al.k(1 ,GivirrijA; Stephen J. Orzynski, P.E. amela L. Harle , ief Public Health Engineer Solid Waste and Inciden Hazardous Materials and Waste Management Division Management Division Hazardous Materials and Waste Management Division SJO/jw/4276K cc: Ben Gibbons, Wixco Services, Inc. Wes Potter, Weld County Health Department Abe Vasquez, Air Pollution Control Division 11.1':• (T. 0 FLATIRON® COMPANIES POS'. OFFICE BOX 229 • BOULDER. COLORADO 80306 - PHONE: (303) 444-2151 • FAX: (303) 444-2448 May 26, 1989 Re: Sale of the following Flatiron operations: Flatiron Paving Company Flatiron Sand do Gravel Company flatiron Premix Concrete Company Plains Aggregate Company Dear Valued Customer: This letter is to advise you that operations of the above listed companies were sold to Western Mobile, Inc. effective May 26, 1989. Future operations under the above company names have been discontinued as of that date. The Flatiron Companies want to thank you sincerely for your business over the many past years and wish you and your company every success in the future. Yours Very Truly, Edwi C. well L- ;(11Hijib \SO\ �y "\ � I FEARING CERTIFICATION DOCKET NO. 89-25 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (BEAUTY SALON) IN THE A (AGRICULUTRAL) ZONE DISTRICT - MYRTLE CUBBISON A public hearing was conducted on June 21, 1989, at 10:00 A.M., with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro—Tem Commissioner Gene Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Lanell Curry The following business was transacted: I hereby certify that pursuant to a notice dated May 17, 1989, and duly published June 8, 1989, in The New News, a public hearing was conducted to consider the application of Myrtle Cubbison for a Site Specific Development Plan and Special Review Permit for a home business (beauty salon) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this matter of record. Lanell Curry, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record. She said this recommendation is based upon four Conditions and 12 Development Standards. Myrtle Cubbison, the applicant, came forward to answer questions of the Board. She stated that she has no problem with the recommended Conditions and Development Standards. No public comment was offered concerning this request. Commissioner Lacy moved to approve the request of Myrtle Cubbison for a Site Specific Development Plan and Special Review Permit, subject to the Conditions and Development Standards contained in the Planning Commission's recommendation. The motion was seconded by Commissioner Kennedy, and it carried unanimously. This Certification was approved on the 26th day of June, 1989. APPROVED: c{� BOARD OF COUNTY COMMISSIONERS ATTEST: c � WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board\ C.W K rby, Chai an eputy County Cl k ac e ± e Jolnjon, Pro-Tem ene R. Brantner George Jet Gordo _ cy TAPE #89-25 DOCKET P89-25 PL0469 890517 A HEARING CERTIFICATION DOCKET NO. 89-24 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A HELIPORT IN THE A (AGRICULTURAL) ZONE DISTRICT - BRETT WAYNE .BRANCH A public hearing was conducted on June 26, 1989, at 10:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Lanell Curry The following business was transacted: I hereby certify that pursuant to a notice dated May 22, 1989, and duly published June 8, 1989, in The New News, a public hearing was conducted to consider the request of Brett Wayne Branch for a Site Specific Development Plan and Special Review Permit for a heliport in the A (Agricultral) Zone District. Lee Morrison, Assistant County Attorney, made this matter of record. Lanell Curry, representing the Planning Department, entered the favorable recommendation of the Planning Commission into the record. She said this recommendation is based upon two Conditions and 14 Development Standards. Brett Branch, the applicant, came forward to explain his request to the Board. He said he has no problem with the recommended Conditions and Development Standards. David Bates, an adjacent landowner, came forward to state his concerns about this request. Allen Kaiser also voiced concerns. Discussion was held about limiti'g the number of flights per day. Commissioner Lacy moved to approve the request of Brett Wayne Branch for a Site Specific Development Plan and Special Review Permit, subject to the recommendation of the Planning Commission, with Development Standard #1 amended to limit usage to a maximum of 15 round trips per day, and a new Development Standard to be inserted as #9 stating that this Permit cannot be transferred. The motion was seconded by Commissioner Johnson, and it carried unanimoisly. This Certification was approved on the 26t1: day of June, 1989. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: " 1 �� WELD COUNTY, COLORADO Weld County Clerk and Recorder /=�� /7 and Clerk to the Boa C.W. Kirby. Chai an \ 1 By: s_ •A►` \�\•,a eputy County Cl k a q e J.hns . , Pro-Tem ene R. Brantner George Kenne y_ - Go Lacy TAPE #89-25 DOCKET 1'89-24 PL0470 890518 HEARING CERTIFICATION DOCKET NO. 89-27 RE: HEARING TO SHOW CAUSE FOR REVOCATION OF USE BY SPECIAL REVIEW #481, ISSUED TO MIKE CERVI, FOR AN OIL FIELD FLUID DISPOSAL SITE A public hearing was conducted on June 21, 1989, at 10:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro—Tem Commissioner Gene Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Lanell Curry Health Department representative, Wes Potter The following business was transacted: I hereby certify that pursuant to a notice dated May 24, 1989, and duly published June 8, 1989, in The New News, a public hearing was conducted to Show Cause for revocation of Use by Special Review #481, issued to Mike Cervi for an oil field fluid disposal site. Lee Morrison, Assistant County Attorney, made this matter of record. Lanell Curry, Planning Department representative, said the Planning staff finds that this facility is now in compliance with Development Standards 9, 17, and 20 and the approved major changes and recommends that this hearing be dismissed. Wes Potter, representing the Health Department, said his department inspected this site June 20 and has certain concerns about its operation. Mr. Potter distributed copies of a memo outlining his concerns. Tom Cope, of Total Engineering Services, said the applicant has asked the Planning Department for permission to place an additional storage tank on this facility. Mr. Potter said he would have no problem if this additional tank is added. Commissioner Kennedy moved to dismiss this Show Cause hearing. The motion, seconded by Commissioner Lacy, carried unanimously. This Certification was approved on the 26th day of June, 1989. APPROVED: �y crust_ , r BOARD OF COUNTY COMMISSIONERS ATTEST: � ' -"' WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Boar \ C.W. Kirby, Chai an puty County Cler Ja qu one o nsOn, Pro—Tem ene R. Brantner George Ke neGfeorge 17.751; Gordo Ati A ` TAPE 1189-25 DOCKET #89-27 PL0471 890523 V RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 26, 1989 TAPE 1/89-25 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, June 26, 1989, 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 C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene R. Brantner - Arrived later Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Weld County Attorney, Thomas 0. David Acting Clerk to the Board, Tommie Antuna MINUTES: Commissioner Kennedy moved to approve the minutes of the Board of County Commissioners meeting of June 21, 1989, as printed. Commissioner Lacy seconded the motion, and it carried unanimously. Let the record reflect that Commissioner Brantner is now present. CERTIFICATIONS OF HEARINGS: Commissioner Lacy moved to approve the Certifications for the hearings conducted on June 21, 1989, as follows: 1) Special Review Permit, Cubbison; 2) Special Review Permit, Branch; and 3) Show Cause Hearing, Mike Cervi, dba Roggen Disposal, Inc. Commissioner Kennedy seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to today's agenda. CONSENT AGENDA: Commissioner Kennedy moved to approve the consent agenda as printed. Commissioner Johnson seconded the motion, and it carried unanimously. PRESENTATION: RECOGNITION OF SERVICES - ROBERT ARMIJO: Chairman Kirby stated that Robert Armijo is leaving the County and presented him with his ten-year pin. COMMISSIONER COORDINATOR REPORTS: Commissioner Lacy, reporting on Engineering Services, said that the various divisions are continuing with the usual workload. He said that 203 miles of roads have been graveled, which is approximately 607 of this year's goal. WARRANTS: Don Warden presented the following warrants for approval by the Board: General .fund $274,062.36 Social Services 18,192.75 Handwritten warrants: General fund 84,016.78 Commissioner Lacy moved to approve the warrants as presented by Mr. Warden. Commissioner Kennedy seconded the motion which carried unanimously. BUSINESS: NEW: CONSIDER MEDICAL AND DENTAL AGREEMENTS BETWEEN MIGRANT HEAD START AND SUNRISE HEALTH CENTER AND AUTHORIZE CHAIRMAN TO SIGN: Jeannie Tacker, representing the Department of Human Resources, said that Sunrise Community Health Center will provide medical and dental services to Migrant Head Start children, pursuant to these Agreements. Commissioner Johnson moved to approve said Agreements and authorize the Chairman to sign. Seconded by Commissioner Lacy, the motion carried unanimously. CONSIDER VARIOUS PURCHASE OF SERVICES AGREEMENTS FOR EMPLOYE4NT SERVICES AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Tacker said Sue La Marsh, Hank DePetro, Sandy Gorman, and Kathy Petri are to provide specialized employment and remediation educational programs for the Summer Youth Employment and Training Program enrollees. Commissioner Lacy moved to approve said Agreements and authorize the Chairman to sign. Commissioner Kennedy seconded the motion which carried unanimously. CONSIDER PURCHASE OF SERVICES AGREEMENT WITH WELDCOS AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Tacker presented this Agreement which concerns transportation for approximately 150 rural senior citizens to be provided by WELDCOS. Commissioner Lacy moved to approve this Purchase of Services Agreement and authorize the Chairman to sign. The motion, which was seconded by Commissioner Kennedy. carried unanimously. CONSIDER PURCHASE OF SERVICES AGREEMENT WITH GREELEY TRANSITIONAL HOUSE AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Tacker said Human Resources will provide Emergency Shelter Grant funds to the Transitional House, with the funds to be used for daily operational costs of providing services to the homeless. Commissioner Lacy moved to approve said Agreement and authorize the Chairman to sign. Seconded by Commissioner Kennedy, the motion carried unanimously. CONSIDER PURCHASE OF SERVICES AGREEMENT WITH UNC AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Tacker said this Agreement is for the University of Northern Colorado to provide speech and language therapy to those Head Start children in the Greeley Center who are in need of this therapy. Commissioner Lacy moved to approve said Agreement with UNC and authorize the Chairman to sign. The motion was seconded by Commissioner Kennedy, and it carried unanimously. Minutes — June 26, 1989 Page 2 CONSIDER CONTRACT AND NOVATION AGREEMENT BETWEEN FLATIRON PAVING COMPANY AND WESTERN-MOBILE, INC. , AND AUTHORIZE CHAIRMAN TO SIGN: Tom David, County Attorney, said Flatiron Paving Company has been sold to Western-Mobile, Inc. ; therefore, the Contract which the County has with Flatiron will be transferred to Western-Mobile, Inc. Commissioner Lacy moved to approve said Contract and Novation Agreement and authorize the Chairman to sign. Commissioner Kennedy seconded the motion, and it carried unanimously. CONSIDER PETITON FOR LOCAL IMPROVEMENT DISTRICT AND SET INTENT HEARING - 77TH AVENUE: Drew Scheltinga, Director of the Engineering Department, said this petition concerns the Knaus Subdivision, 1st Filing. Commissioner Kennedy moved to set the Intent Hearing date as July 17, 1989, at 9:00 a.m. Commissioner Brantner seconded the motion which carried unanimously. CONSIDER CHANGE ORDER FOR WCR 5 WITH SIEGRIST CONSTRUCTION AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Scheltinga said this Change Order, in the amount of $17,277.18, is necessary to make an adjustment to the final bill. Commissioner Lacy moved to approve said Change Order and authorize the Chairman to sign. The motion was seconded by Commissioner Kennedy, and it carried unanimously. CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WCR 16 AT WCR 79: Mr. Scheltinga said, a request was received for the installation of "Stop" signs on County Road 16 at its intersection with County Road 79. He said after a visual inspection, he recommends that this request be approved. Commissioner Lacy moved to approve the installation of "Stop Ahead" and "Stop" signs at said intersection. Seconded by Commissioner Johnson, the motion carried unanimously. CONSIDER RESOLUTION RE: APPOINTMENTS AND REAPPOINTMENT TO COMMUNITY CORRECTIONS BOARD: Commissioner Brantner moved to approve this Resolution appointing Richard Kuhn and Carolyn Mettler, and reappointing Keith McIntyre to the Community Corrections Board. Commissioner Kennedy seconded the motion. and it carried unanimously. CONSIDER RESOLUTION RE: APPOINTMENTS AND REAPPOINTMENT TO WELD COUNTY HEALTH ADVISORY BOARD: Commissioner Lacy moved to approve this Resolution concerning the appointment of Ernestine Koenig and Jeffrey McClure, and reappointment of Jon Erickson to the Weld County Health Advisory Board. The motion, which was seconded by Commissioner Kennedy, carried unanimously. CONSIDER RESOLUTION RE: APPOINTMENTS TO RETIREMENT BOARD: Commissioner Johnson moved to approve this Resolution appointing Mike Miller and Dan Cooch to the Retirement Board. Commissioner Lacy seconded the motion which carried unanimously. CONSIDER RESOLUTION RE: TEMPORARY CLOSURE OF WCR 19 BETWEEN WCR 44 AND 46: Commissioner Lacy moved to approve said Resolution concerning the temporary closure of Weld County Road 19 between Weld County Roads 44 and 46. Seconded by Commissioner Johnson, the motion carried unanimously. CONSIDER RESOLUTION RE: CANCEL BOARD OF COUNTY COMMISSIONERS MEETING FOR JULY 19, 1989: Commissioner Johnson moved to approve this Resolution to cancel the Board meeting of July 19, 1989, because the Board will be attending a meeting concerning the closure of St. Vrain. Commissioner Lacy seconded the motion, and it carried unanimously. Minutes — June 26, 1989 Page 3 CONSIDER RESOLUTION RE: IMPREST FUND FOR SOCIAL SERVICES DEPARTMENT: Mr. Warden explained the changes to the previous Resolution concerning the Imprest Fund for the Social Services Department. Commissioner Johnson moved to approve this Resolution. The motion, which was seconded by Commissioner Lacy, carried unanimously. CONSIDER RESOLUTION RE: COMMUNITY DEVELOPMENT BLOCK GRANT WITH STATE DEPARTMENT OF LOCAL AFFAIRS AND AUTHORIZE CHAIRMAN TO SIGN: Jim Sheehan, representing the Housing Authority, presented this item to the Board. Commissioner Brantner moved to approve said Resolution and authorize the Chairman to sign the necessary documents. Commissioner Kennedy seconded the motion which carried unanimously. FINAL READING OF ORDINANCE NUMBER 89-Q, AMENDMENTS TO WELD COUNTY ZONING ORDINANCE: Commissioner Johnson moved to read this Ordinance into the record by title only. Commissioner Lacy seconded the motion, and it carried unanimously. Mr. Davin read the title of Ordinance Number 89—Q into the record. There was no public comment offered concerning this Ordinance. Commissioner Johnson moved to approve said Ordinance on final reading and direct the Clerk to the Board to have published forthwith. Seconded by Commissioner Lacy, the motion carried unanimously. PLANNING: CONSIDER RESOLUTION RE: BUILDING CODE VIOLATIONS - BASIN EXPLORATION; AND DIETRICH. Commissioner Lacy moved to approve this Resolution authorizing the County Attorney to proceed with legal action against Basin Exploration and Tim Dietrich for violations of the Weld County Building Code Ordinance. Commissioner Johnson seconded the motion, and it 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 9:30 A.M. R./,7 //////��' 7!- APPROVED: ATTEST: e "r��i'y Q'�'�t'�" BOARD OF COUNTY COMMISSIONERS /JI WELD COUNTY, COLORADO Weld County Clerk and Recorderand Clerk to the Board C.W. K rb , Chai an Deputy County Cle k +c i Jo .'J , Pro-T m Gene R. Brantner Forge Kenn y Gordo . Minutes - June 26, 1989 Page 4 RECORD OF PROCEEDINGS AGENDA Wednesday, June 28, 1989 Tape 1189-25 & #89-26 ROLL CALL: C.W. Kirby, Chairman Jacqueline Johnson, Pro-Tem Gene R. Brantner George Kennedy Gordon E. Lacy MINUTES: Approval of minutes of June 26, 1989 ADDITIONS TO AGENDA: 1'10 under New Business — Consider Lease with Wallace Young, dba Anytime Bail Bonding APPROVAL OF CONSENT AGENDA: COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BIDS: 1) Present 1989-90 Uniform Bid — Sheriff's Department 2) Present Employee Benefits Corsultant - Board of Commissioners BUSINESS: NEW: 1) Consider Resolution re: Fireworks Display Permit - The Vineyard Christian Fellowship Church and authorize Chairman to sign 2) Consider 1989 Emergency Shelter Grant Application and authorize Chairman to sign 3) Consider authorizing Chairman to sign letter concerning Contract with State Department of Health for State Per Capita Grant 4) Consider Change Order for Jerald Construction Co. , Inc. , and authorize Chairman to sign 5) Consider 1989-90 Victims of Crime Act Grant Program Proposal and authorize Chairman to sign 6) Consider Agreement for Performance Guarantee - Tire Mountain 7) Consider Road Improvements Agreement and authorize Chairman to sign - Tire Mountain 8) Consider Resolution re: Correction to Resolution of Transfer and Assignment of Cable T.V. Franchise to James Cable Partners, L.P. 9) Consider Resolution re: Temporary closure on WCR 60 between WCR 15 & 17 PLANNING: 1) Consider RE #1171 - Steil and Wilson (cont. from 6/21/89) 2) Consider ZPMH #11564 - Perez 3) Consider Resolution re: Building Code Violations - Elder; Shepler & Thomas; Amoco Production Company; and Mossberg CONSENT AGENDA APPOINTMENTS: Jun 30 - Centennial Developmental Services 8:00 AM Jul 3 - HOLIDAY Jul 4 - HOLIDAY Jul 5 - Work Session 1:00 PM Jul 5 - County Council 7:30 PM Jul 6 - Planning Commission Meeting 1:30 PM Jul 6 - Local Emergency Planning Committee 2:00 PM Jul 6 - Island Grove Park Advisory Board 3:30 PM HEARINGS: Jun 28 - Show Cause Hearing, Howard Duckworth, dba Weld County Disposal 10:00 AM Jun 28 - Show Cause Hearing, High Country Turf, et al. 10:00 AM Jul 12 - Creation of Casa Grande/Enchanted Hills Local Improvement District 10:00 AM Jul 12 - Amendments to Weld County Zoning Ordinance 10:00 AM REPORTS: 1) George Goodell, Road and Bridge Director - Road Opening COMMUNICATIONS: 1) Planning Commission minutes of June 20, 1989 2) Valleylab, Inc. re: Bike-to-Work Day, July 26, 1989 3) Colorado Counties Inc., re: Exchange of Federal and State Funds Proposal 4) Public Utilities Commission re: Docket No. 89A-266E 5) State Department of Social Services re: PSA designations 6) State Department of Highways re: Directional Signs and Newsletter #89-25 7) Centennial Developmental Services, Inc., re: Proposed budget 8) Mountain Bell re: Notice of Claim 9) Board of Adjustment minutes of June 22, 1989 10) State Department of Local Affairs re: Application No. 87-437 PLANNING STAFF 1) Amended RE #772 - Schaefer, et al. APPROVALS: 2) SE #365 - Hergenreter 3) ZPMH #1567 - Jennings RESOLUTIONS: * 1) Approve Contract and Novation Agreement between Flatiron Faving Company and Western-Mobile, Inc. * 2) Accept Petition for Local Improvement District and set Intent Hearing - 77th Avenue * 3) Approve installation of traffic control devices on WCR 16 at WCR 79 * 4) Approve temporary closure on WCR 60 between WCR 15 and 17 * 5) Approve authorization for County Attorney to proceed with legal action - Building Code Violations * 6) Approve Correction to Resolution of Transfer and Assignment of Cable T.V. Franchise to James Cable Partners, L.P. * 7) Approve Fireworks Display Permit - The Vineyard Christian Fellowship Church CHANGE ORDER: * 1) Jerald Construction, Inc. * Signed at this meeting Wednesday, June 28, 1989 RESOLUTION RE: APPROVE. CONTRACT AND NOVATION AGREEMENT PETWEEN FLATIRON PAVING COMPANY AND WESTERN-MOBILE, INC. , 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 Contract and Novation Agreement between Flatiron Paving Company and Western-Mobile, Inc. , and WHEREAS, the terms and conditions of said Contract and Novation Agreement are as stated in the document, 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 Contract and Novation Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract and Novation Agreement between Flatiron Paving Company and Western-Mobile, Inc. , be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Contract and Novation Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of June, A.D. , 1989 .‘727704‘incie BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder G, and Clerk to the Board C.W. Ki by, C airman B C , /�, c,� fa q e sns Jo on, Pro-Tern eputy County Clerk APPROVED AS TO FORM: ,ene R. Bra tner George Kenn y i 42.• County Attorney Gordon E. c _ 890542 _ /U 6 f.a - e .c., CONTRACT AND NOVATION AGREEMENT THIS CONTRACT AND NOVATION AGREEMENT, is made as of this day of June, 1989 , between Flatiron Paving Company, a Colorado corporation located at 5684 Valmont Road, Boulder, Colorado 80303 (the "Transferor") , and WESTERN-MOBILE, INC. , a Colorado corporation located at 1400 W. 64th Avenue, Denver, Colorado 80221 (the "Transferee") and the Board of County Commissioners of the County of Weld, 915 Tenth Street, Greeley, Colorado 80631 (the "County") . WITNESSETH WHEREAS, pursuant to the terms of a certain contract (the "Contract") , by and between the County and Transferor, more specifically identified on Exhibit A attached hereto and incorporated herein and made a part hereof by this reference thereto, Transferor is obligated to perform certain services for the County; and WHEREAS, Transferor and Transferee are currently negotiating the sale of the Transferor's business to Transferee ("Business Sale Transaction") , including the transfer and assignment of the Contract by Transferor to Transferee; and WHEREAS, Transferor and Transferee desire that Transferee shall succeed to and undertake all the rights, obligations, and liabilities of Transferor under the Contracts upon consummation of the Business Sale Transaction; and WHEREAS, the County has reviewed the qualifications of Transferee and is satisfied that Transferee is able to perform the Contract adequately; and WHEREAS, Transferee is in a position to fully perform such duties and obligations as may exist under the Contract as of the date of consummation of the Business Sale Transaction; NOW THEREFORE, in consideration of the premises and mutual agreements hereinafter set forth and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, Transferor, Transferee, and the County hereby agree that, effective upon the consummation of the Business Sale Transaction: Page 1 of 4 Pages 890542 1 . All terms used in the Contract to refer to Transferor shall be deemed to refer to Transferee. 2 . Transferor guarantees payment of all liabilities and performance of all obligations which Transferee assumes under this Contract and Novation Agreement, or may hereafter undertake under the Contract as they may hereafter be amended or modified; and Transferor waives notice of and consents to any ouch amendment or modification. 3. Transferor releases and discharges the County from and waives, any and all claims, demands and rights against the County which it now has or may hereafter have in connection with the Contract. 4 . Transferee assumes, agrees to be bound by, and undertakes to perform each and every one of the terms, covenants and conditions contained in the Contract; and further assumes all obligations and liabilities of and all claims and demands against Transferor under the Contract in all respects as if Transferee were the original party to the Contract. 5 . Transferee ratifies and confirms all actions heretofore taken by Transferor with respect to the Contract. 6 . Transferee shall be entitled to all right, title and interest of Transferor in and to the Contract in all respects as if Transferee were the original party to the Contract. 7 . Nothing herein shall be construed to relieve Transferor or Transferee from compliance with any State law, and with Weld County Resolutions or Ordinances. 8 . Nothing herein shall be construed as a waiver of any rights of the County against Transferor. 9. The Contract shall remain in full force and effect, except as herein modified. 10. This Contract and Novation Agreement shall be expressly contingent upon the consummation of the Business Sale Transaction. The Transferor shall continue to have all rights, liabilities and obligations under the Contract until the effective date of the Business Sale Transaction. Immediately upon consummation of the Business Sale Transaction, the Transferee and Transferor will notify the County in writing. Page 2 of 4 Pages 890542 IN WITNESS WHEREOF, the parties hereto have caused this Contract and Novation Agreement to be executed as of the day and year first above written. N WELD COUNTY, BY AND THROUGH THE ATTEST: BOARD OF COUNTY COMMISSIONERS‘71OF WELD COUNTY Weld County lerk and Recorder and Clerk to the Board C.W. Kir y, C airman c / Byt c puty County er e r APPROVED AS TO FORM: A$q �YCOUNTY ATTORNEY TRANSFEPOR: ATTEST: FLATIRON PAVING COMPANY ice BY: ‘----- - •-a--- Tit e• av4f s / TRANSFEREE: ATTEST: WESTERN-MOBILE, INC. -11,1104 le/ BY: Ct Title: Sktr \' O Page 3 of 4 Pages 890542 Exhibit A 1 . Rid Request No. 900034-89 submitted by Flatiron Paving Company, January 31 , 1989 (attached) . 2. Acceptance of Flatiron Paving Company bid, February 15, 1989 (attached) . 690542 Page 4 of 4 Pages WELD COUNTY, COLORADO PURCHASING DEPARTMENT BID REQUEST NO. 900034-89 DATE: JANUARY 17, 1989 I. NOTICE TO BIDDERS Sealed bids will be received at the office of the Purchasing Director, 915 10th Street, Greeley, Colorado, until 10:00 a.m. , Tuesday, January 31, 1989, for furnishing the Road & Bridge Department of Weld County, the following merchandise: BITUMINOUS PAVEMENT MIX AND ASPHALT FOR 1989 II. INSTRUCTIONS TO BIDDERS 1. Proposals shall be typewritten or written in ink on the form prepared by the County. Officials of corporations shall designate their official title; partners or sole owners shall so state, given the names of all interested parties. All corrections or erasures shall be initialed by the person signing the bid. 2. A bidder shall not stipulate in his proposal any conditions not contained in the specifications unless specifically requested in the special instructions. Any proposal which fails to comply with the literal letter of these instructions and the specifications may be rejected forthwith. 3. Approximate quantities to be purchased from all vendors are stated. The County reserves the right to increase or decrease the quantity twenty- five (25%) percent as best fits its needs. At the time of bid award county will designate by location of purchase within 25% of estimated quantities. 4. County reserves the right to go to the next low bidder in the event of lack of availability of materials in a timely matter for Weld County projects. 5. In submitting the proposal, the vendor aggrees that acceptance of any or all bids by the County within a reasonable time or period constitutes a contract. No delivery shall become due or be accepted unless a purchase order shall first have ;een issued by the Purchasing Director of Weld County. It is understood that it is necessary for all invoices to be made out to Weld County, Colorado, not to the department securing the merchandise. - 1 - p ATEXHIBITT 1, 8A903342 6. It is understood that the Board of County Commissioners of Weld County reserves the right to reject any or all bids; to waive any in£ormalitites in the bids; and to accept the bid that, in the opinion of the Board, is to the best interests of the Board and of the County of Weld, State of Colorado. 7. It is also understood that the Board of County Commissioners of Weld County will give preference to resident Weld County bidders in all cases where the bids are competitive in price and quality. 8. The successful bidder shall indemnify and save harmless Weld County against all claims for royalties, for patent or suit for infringement thereon which may be involved in the manufacture of use of the material to be furnished. 9. All goods shall remain the property of the seller until accepted by the County. 10. These instructions, the Proposal Form and Specifications have been developed with the hope of raising the standard of purchase negotiations to the satisfaction of all concerned. Your cooperation is invited. GENERAL SPECIFICATIONS, CONDITIONS, AND INFORMATION 1. Weld County will not supply any material for this project. 2. Bidders must indicate the location of their mixing plant. 3. Weld County will pick up all materials from the vendor's plant on an as- needed basis. The vendor will load and scale all material at the plant. 4. Bids on materials shall be good through December 31, 1989. 5. Weld County will select the bidder based on the lowest cost to the County, considering job-site location and hauling cost. Material may be purchased from different bidders based on plant location relative to job site. Estimated quantities are the total amounts to be purchased from all vendors. 6. Weld County will determine lowest cost using fifteen (15) cents per ton- mile hauling rate for the distance in miles from the plant site indicated by the bidder to the middle of the projects. The route will be the most direct available considering road conditions and restricted bridges and will be determined by Weld County. 7. Payment shall be made according to the bid prices per ton times the tons of material supplied as determined by scale tickets from the plant. All tickets must be legibly signed by a Weld County employee. - 2 - 890542 8. The Contractor shall submit a job mix formula for approval. State Highways job mix formulas based on the materials to be used are acceptable. 9. Material specifications shall be as follows: Bituminous Pavement Mix (Grade E Cold) a. Aggregates shall be Grade E b. Asphalt cement shall be MC-250. c. A platiciter shall be added to the asphalt cement. It shall be Dura Tech or an equivalent product, and shall be added in accordance to the manufacturer's recommendation. The bidder shall submit for approval what product is to be used and copies of the manufacturer's specifications and recommendations for use. 10. The asphaltic cement for Hot Mix shall be AC-10. If the penetration exceeds 110, AC-20 shall be used. 11. The specifications for material and manufacture shall be in accordance with the State Department of Hie: ays. Division of Highways. St•se of Colorado. Standard Specifications for toad and Bridze Construction. 1956, unless otherwise stipulated in this document. References to the Division shall mean Weld County and all documentation required will be handled through the Weld County Engineering Department. Section 106.01 Source of Supply and Quality Requirements Section 106.02 Undesigned Source Section 106.03 Samples, Tests, Cited Specifications Section 106.04 Plant Inspections Section 106.05 Storage Materials Section 106.06 Hauling Materials Section 106.07 Unacceptable Materials Section 107.01 Laws to be Observed Section 109.01 Measurement of Quantities Section 401.01 Description (Plant Mix Pavements) Section 401.02 Composite of Mixtures Section 401.03 Aggregates Section 401.04 Filler Section 401.05 Hydrated Lime Section 401.06 Bituminous Materials Section 401.08 Bituminous Mixing Plant Section 401.09 Hauling Equipment Section 401.13 Preparation of Bituminous Materials Section 401.14 Preparation of Aggregates Section 401.15 Mixing - 3 - 890542 Section 401.21 Method of Measurement Section 702.01 Asphalt Cement Section 702.05 Sampling and Testing Section 703.04 Aggregate for Hot Plant Mix Bituminous Pavement Section 703.06 Filler Section 712.03 Hydrated lime 12. Bidders must have storage for the emulsified asphalt and liquid asphaltic materials. Bidder must be able to heat prior to Weld County picking up. 13. Weld County will give twenty-four (24) hours notice before picking up. • - 4 - 890542 . - 4 - BID REQUEST NO. 900034-89 Page 5 Approximate Amount - 100 Tons Bituminous Pavement Mix Price Per Ton /0 .- (Cold - Grade E) Plant Location //50 ,J. Z5fh Ave. -Greet Approximate amount - 62 .000 Tons QUANTITY Bituminous Pavement Mix 0-10000 tons Price Per Ton /4/.50 (Hot - Grace E or Ex) 10000-20000 tons Price Per Ton /Y. 50 20000-30000 tons Price Per Ton /4f.50 30000-40000 tons Price Per Ton /41. 450 40000.50000 tons Price Per Ton P/. 50 50000-60000 tons Price Per Ton IN. 50 60000 + tons Price Per Ton /.9. 50 Plant Location 1/50 47 Z5797 Ave. -tree, Approximate amount - 52,990 Gallons J QUANTITY Emulsified Asphalt 0-10000 gal Price Per Gallon d. 6a2 (CSS-lh) 10000-20000 gal Price Per Gallon O. IoB. 20000-30000 gal Price Per Gallon 0. (e01, 30000-40000 gal Price Per Callon 0. 6.2 40000-50000 gal Price Per Gallon 0.S 50000 + gallons Price Per Gallon 0, 601 Plant Location //.so ,J. Z5fs% Ave. -Greeley Approximate Amount - 25 Tons O.O AC-10 Price Per Ton //6.. Plant Location //Jro N• I,574A Ate". - Gree/ey The bidder awarded the Hot Bituminous Pavement Mix Bid will also receive the Emulsified Asphalt Bid. 890542 BID REQUEST NO. 900034-89 Page 6 I certify that the above quotation is exclusive of any fedeal excise taxes and all other state and local taxes. - I further certify that the items offered for intended use by Weld County will meet all specifications it has so indicated on this bid form. FIRM F4.aneoA.I PLN/la. ecs1pAAU BUSINESS ADDRESS F.D. Box /137 CITY, STATE, ZIP CODE Gc/e✓y , &/orndo 8063/ TELEPHONE NO. (803) 353 -07777 BY: ? — a e � U5e TITLE: ��.sto11/445e-s DATE: /28'7 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. CERTIFICATE OF EXEMPTION NO. 98.03551. 890542 ADDENDUM #1 JANUARY 20, 1989 BID REQUEST NO. 900034-89 FOR: BITUMINOUS PAVEMENT MIX & ASPHALT FOR 1989 The page number shown as page 4 and 5 will be shown as page 5. The description of the approximately 62,000 tons of Bituminous Pavement Mix should read: Bituminous Pavement Mix (Hot - Grade E or Ex) In Lieu of: Bituminous Pavement Mix . (Hot - Grace E or Ex) Addendum received by CLflgOti1 Pgvi,Jh afrifncil FIRM /150 45#) Avenue , Po.eox /137 ADDRESS Sree/eq , co/o O 8cG3. /CITY, STATE IP c\B 'O • 141 TITLE 890542 \ e D O Cu rt 'o 0 '0 3 V _W -0 -9 CO r 0 •- V n 7 I+ Z Z 1 V1a W N1•+ 01 (na W N .-. ro SC •S a 0 A 0 •• rt a 0 00000 0 N 000000 0 05 0 .3 A Ow X Ir . --.r. . . . . . . X et -. XS-) .r...''M'...''M - 0 00 0 00 x, l -t. 000000 = •0 7 COfA .O T e 3 0 0 0 0 0 3 VI • 0 0 0 0 0 0 3 1 0 3 0 —. y m C D -F rt 7 a 0 Co 0 o 0 a I n 0 000000 0 a C WO. C CT o r CD rt rt l 0. in-G7 N fY N Z C C 9 CD CD f 1 1 1 1 I M wet= > } 1 1 1 1 1 1 0N V -. I -c a G C• rt f) (D 'G 10 CT A W N r1.f vN rt P V1 a W N -1•C 0. a 1•C O a W Z Z Son a 00000 'O 0000000 MG 9G 0 0 1C (D C r. N -1• Clt 7 = r r 01 ro `-•a ro C7 C - 7 0 (71 0000 ON a N oo000oNm 3 00. 3 r a n -• O OOOOO. 000000. ro 0 0 0. V SO 0 V1 V 1-C 0 -1 7 0 0 0 0 010 R 0 0 0 0 0 0 0 7e -1 m fn A 0 V r7 07 N 0f0101010 00 0 e+ e+ rtrtrt rt0 0 •- S C 0 1-+ 0 MO in Cu a a a a 0 0 0 0 0 0 m x 7 x (D rn CO 10 X o tit 0 7 7 7 7 7 7 1 x �• N —• Z Z a a N N N N N N o -••-x X Com CO a' Z 7 2 ww CO 1+ S N N —j 10 rt. eD 0 C ro ro N a 07Pa Oa 0 • x rt 0• -o 9 H 000 ) 00 -i - - -i - -i -4 -t Ia tY b C Z C. O a a Cu a Cu Co 0 0 0 0 0 0 0 0 2 m O 7 0 = 7 7 7 7 7 7 7 7 - IM x 0 T •. D O 3- � 0 1n Mo .0 ro b1 a'. 0 My 2 tra ro 0. CI ',D' <J11 a W O. - A a a A•a• W m R o l -I MH 1n v v V v 3 n 0 . • • V 0 J 000000 0 = r 0 0 0 00 0000 0101 Cn O1 Cn0101 X I X > (+1c c a M a 7 N r 0 rtX a X 00 O. HHtt 0Ml H H a S JJ Ii a y 0 a a+ a+ 4 9 N O N ... 0 . VI aaa as as CO 0 0. O1 O m co 7 O 0 Ot 01 01 O1 01 V1 Vt V1 U1 V1 V1 (71 (71 2 f0 • (D 0 NN N roN N 0000000 0 D 09 00 a e+ 70 m C �a O O -oK m Nn = m . a f O ro n ts a+ N -0 m O e1• o o ro 0 V a A rn n v C7 - n a rt ro O 0 Vt V1 V1 V1 cm IT • r..► 0 m f7 K 'ref • (iii 2 (* 2 0 W W W W W a . ... .N W O m -i (D 0 U1 U1 U1 (ntn 0 0000000 0 X O M K 0 - 7• .• 0 0• 7 .1. co o N•n f1 o 0 ~' w m a p Cr 3 as at 4 0 Q) N I O 73-. 0 0 n a N .+ 7 7 O cn (T (n V1 V1 (T VI 0° • C a a • . . . . . . • • n e+ O V V V V \1 In V1 (n fn (71 4n CT 01 K %o O r. 0 10 a 10 0 0 1D CO CO OD CO CO CO CO 0 38 v a 7 CC a' a CO r.C O ~ 0 7 M M W AC) O fIl 'i a N •+ A S O O cn cn w cn cn (n cn a m . ro a a V V V+1 V +1 O1 CA 01 01 01 01 01 (n -1 V 0 000000 V1 171 V1 (71 V1 V1 cn 0 V704 0 = C It rt S A N M V O 'O O .•+ a 9 c7 N ." VI O VI p+ arn CM VI m m 7" 0 CO CO CO CO CO 1O .J CO 10 1•+ W (71 v OD .'V 0 (D 0 0101 tiO10O 0000000 0 M 2 880642 RESOLUTION RE: ACTION OF THE BOARD CONCERNING PETITION FOR LOCAL IMPROVEMENT DISTRICT - KNAUS SUBDIVISION, FIRST FILING 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 for a Local Improvement District in Knaus Subdivision, First Filing, was submitted by owners of property which is more particularly described in said Petition, and WHEREAS, after review, the Board deems it advisable to accept said Petition and schedule a Preliminary Hearing concerning this matter for July 17, 1989, at or about 9:00 a.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Preliminary Hearing to consider the aforementioned Petition for a Local Improvement District in Knaus Subdivision, First Filing, be, and hereby is, scheduled for July 17, 1989, at or about 9:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of June, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: .MM 4L44�tv,�J WELD COUNTY, COLORADO Weld County erk and Recorder G' and Clerk to the Board C.W. Kir y, C irman it BY: 071'.114- ., ,r r✓ a. • b'- \ne J. nson, P071,-071,-2i4-4...(2-'071,-2i4-4...(2-'q puty County erk APPROVED S TO FORM: e :ra tner uetc.2 eorge Y County Attorney Go c 890583 • . PETITION FOR LOCAL IlMPROVH1ENT DISTRICT TO: Board of County Commissioners Weld County, Colorado P. 0. Box 758 Greeley, Colorado 80632 FROM: We, the undersigned, citizens of Weld County who are owners of record of real property proposed to be assessed more than one-half of the costs assessed for the project and which property will benefit from improvements in the area of (describe general area to be improved): 77th Avenue, 76th Avenue, 11th Street, and 12th Street as platted in Knaus Subdivision 1st Filing, in an area generally west of the developed portion of the City of Greeley. situated in Weld County, Colorado, do hereby petition the Honorable Board of County Commissioners of the County of Weld, State of Colorado, for the formation of a local improvement district pursuant to CRS, 30-20-601, et seq. Such improvement district is for the purpose of: Road improvements and drainage incidental to the road improvements. The specific improvements we wish to have constructed are as follows: Shape, grade, drain, and pave the above-described roads. We request that the following materials be used: Two inches of aggregate base course and two inches of asphalt pavement, and culverts necessary to accomplish drainage. We request that the cost of the improvements not exceed $1,400.00 per individual subdivision lot or separate parcel of land. The specific time and manner of assessments we recommend is as follows: The property owners be assessed equally on a per lot basis for all lots within Knaus Subdivision 1st Filing; and that parcel now or formerly of Dwight R. and Judy L. Schmidt as recorded in Book, Page and Reception No. 1220-02166-694 of the Weld County Records, located in the East 1/2 of Section 8, TSN, R66W, for the cost of materials and labor for the installation of asphalt. The assessment shall be payable either in full, without interest, within thirty days of the final assessment, or over a ten year period at the rate of ten percent (10Z) per annum, simple interest. 890583 • . • SIGNATURE MAILING ADDRESS DESCRIPTION OF DATE OF IS THIS - PRINTED NAM PROPERTY SIGNING ?ROPE= .(Title) WITHIN A MUNICIPALITY? eatguua ,r n ,.,._ I1 f f 7b - 7 . .5123(81 ZiLv QaF(ccvict, Ltivr ac - acad- - -- -- /J18 79T'�C4,4 got Gz 1 itttt Ai,,, / Mme' nil fl ffiiltrk ' mo y i ,Q 6Q.v,.),c, Den 741y, 5 s/L, -.) ..,,,_ jP? yl a ,.._:?..e4gppg..),..,(: /.; 64A-4,-/-14, Ii 99- 7t '� , 530 ft§.f_Ma_S_ ESLn `- / 1-, ),,re, Je y.eD 5 19 Ajo 241:d:, 11,,p //lc' 7o"' /'nesete / /7 * i7 th r Co / %%0 7 //a I) ( i i ; 7(y!1, h � w _Y - ( Ar I�- , /TLI- S / 1✓ # 7 ,--,2W � � 111371;112 �. I�v' _ -pi i-4 L G It IC' 9. ,: 1 a R,V ti n y S.<P rZ7654 / I �a� I LID /119_ wits 7 Y 5-2?-5-9 NO At/ c-4 �Cat- (/(/ 9 7U-44_, 1 (0s -2u sty 4/0 le/ 890583 • • We further understand and acknowledge that we are to be responsible individually for any grading or other adjustments to our driveways and culverts necessitated by such project. Do not sign this petition unless you are an "owner" of real property benefitting from the project and requesting to be assessed costs of the improvements. An owner is a person holding fee title to real property. You are an "owner" if you hold a contract to purchase real property which obligates you to pay general taxes on that property. In that instance, the seller may not sign this petition. CRS, 30-20-602(3) and 603(3). (Do not sign Mr. and Mrs. - sign individually. Do not sign this unless you have read all of the text) SIGNATURE MAILING DESCRIPTION DATE OF IS THIS PRINTED NAME ADDRESS OF PROPERTY SIGNING PROPERTY Title WITHIN A MUNICIPALITY? 110/ 74 •1 M ;-_1�"" t- kin .. 2 s a3 -gy pc) MaR�1•1-.1 2 &/6y - - e 66 Y Jr Deal J - . -4112-1,-4e1 //O a 77 MIL 9 .S=.?1 - 4'9 /rim ek W i/) f1.1b,,4 >l: o o tie- J v CA a)-/es 1,1/e/rzz , "le0 2/iClr,9! l ( 7N-`'l�o t'. 7 r _ 4 2 _ 6 / No o r,;,�rN.tsltmAusu :plid 89®583 • • • SICNATCRE - - MAILING ADDRESS DESCRIPTION OF DATE OF IS THIS - PRINTED NAME PROPERTY $ICNINC PROPERTY (Title) WITHIN A MUNICIPALITY? �4-n 6:ter�cf� CYC' x/6- /i 's; . 5 .27 �9 /VO r lCii Sofa, ntrr(r(L � ra cam- 760011 /2 I. WTrr'�'R"`z?7rx'rt_' /5 5-30 -b'9 A/J 1 it)nr'n-t 4 //r + ' 690583 • • SIGNATURE-z• MAILING ADDRESS- DESCRIPTION OF: -.DATE OF - IS TRIS PRINTED NAME. _ PROPERTY - SIGNING . _ PROPERTY ' (Title) .WWItHIN A • - • ' MUNICIPALITY? • • • • • • STATE OF COLORADO ) ss. AFFIDAVIT OF CIRCULATOR COUNTY OF WELD I, being first duly sworn, depose and say that my address is , that I have circulated the within Petition, that each signature thereon was affixed in my presence, and that each signature thereon is a signature of the person that it purports to be and that, to the best of my knowledge and belief, each person signing the petition was, at the time of signing, an "owner" of real property proposed to be assessed and benefitted. /fit Ma /{ 4l` I- �d /,S7 Sagat a of Circulate Printed Name SUBSCRIBED AND SWORN to before me this .4.3j — day of 14)- , l9ey . WITNESS my hand and official seal. Rya* A Notary Publi � My commission expires: hpny 27 1991 890583 RESOLUTION RE: APPROVE INSTALLATION OF "STOP AHEAD" AND "STOP" SIGNS ON WELD COUNTY ROAD 16 AT ITS INTERSECTION WITH WELD COUNTY ROAD 79 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 weld County Engineering Department has recommended to the Board that "Stop Ahead" and "Stop" signs be installed on Weld County Road 16 at its intersection with Weld County Road 79 , to insure safety to the traveling public, and WHEREAS, the Board has determined that said traffic devices are necessary for the protection of the general public. NOW, THEREFORE, BE IT RESOLVED by the Board of. County Commissioners of Weld County, Colorado, that the Department of Engineering be, and hereby is , directed to install "Stop Ahead" and "Stop" signs on Weld County Road 16, at its intersection with Weld County Road 79, for the safety of the general public, and that said signs must conform to the State manual and specifications. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of June, A.D. , 1989. ;�,�� BOARD OF COUNTY COMMISSIONERS ATTEST:7 WELD COUNTY, .COLORADO weld County Clerk and Recorder �/, and Clerk to the Board C. Kir y, C airman _By\ JLY?14-1.A. ¢_s. , (244;44.2 ,a • ,. e Johz sjn, Pro-Tem Deputy County Clerk ///�� APPROVED AS TO FORM: Gene R. Brantner� George K e ', 1, county Attorney Gordo . ac ; 890537 ci r 1 ;\ rata-b t—'-' '`c ``> i MEMORAflDU rtpWilk Clerk to the Board 1, 1989 To Date COLORADO From_ Drew Scheltinga, County Engineer Agenda Item Subject: Please place the following item on the agenda for the next Board meeting: "Stop Signs" and "Stop Ahead" signs on WCR 16 at WCR 79 Attached is the Traffic Control Study packet. DLS/mw:mrdl6 xc: Commissioner Lacy WCR 16 WCR 79 890537 Ootro ( S--04 • e n+erSedd io.i of tuck 1G 4 WCR 79 890537 6// S • 7 coed QACdo (y ICI?f °F G'uq rd, eP,riinci a _R. E ; ea Pic eat.c" of 1/4)De rs A c�,$ves�f kGs l e�� made CC Arai .11,4 Pepe Por -� �e ; gft1falir�^ nF Iva �'Fic Cow in/ o 1Ae ��,-�evs�c-lio- , OF tyci2 /6 o(�Pur CPS ( SIC, .5)5/^ S)/ Poke, a �' tiof�� avid W � � 7Q �o cor� dre � Q� evis ql i� sPPc �%o � � k �frrSeC 'tI Or^• �[ �rov9 � ¢G„ s � chi C'OK�LcT�P�. Gyp a Je c rat d Q fra FiCe c &kir, e r vi0 4 Wnnas j � 4Prs/ec-lie.- 1 !s aob" Ivo /fed ov\e `\ � �� "� �n ; -1N� /to,/ + LtiPs�" carr.e�r. ke_ ov�e `1 ;e Id �� s'�N ° � # Ars /o ca �;or^ �-S rPto�ivol/ raf c a a � �� OR), , f °Cve fo 11Ae raised el�uO 'ra+n raa a avid West of /fie / fir-1 errec f1 tN and (baClW�y � a 5� 1;43, f0 �>!( e /r/0v/h ;* odr�,ry clod v ' s'bJ rf(n ; s c%P' Clr7 vuPmt �� ,�( 4 ova or b2 i5 �'�e vPcaw�w��` ° Ho( 11S'fa 4� eca� � Si�,`r? � �-� " s�o� „ S;yNs � � "' ICI wcR 16 �� r g� place o wcSc 7a � *Ooelrk p ic. ev1S � /� 'I` K2 � (/lSial('PCI � 1n L am} C'C0! �Q:nC '� >9 i/ $i litS v , r rev+ / ra 1Fic flo Ire Oft/kr O c, r r0 �`��i^'" r� �u{}�yrji�fir` 01/l4%4'/Pacta e a `� 890537 . . . - ..WELD CCUI Y ROAD NO MIX T: D6+AR'tn t 181$ • comptA fl' REPORT - .".•••d•••:,.-1:,t • a 1 ! 1 ! l: hl '-ti Q'DATE: 5/18/89 r �l y' y .r v • .: :. ri.kf r'%�a ;. EAEA: . • Bruce Klausner •a CPHYCE �E7• -*'•849-5237 et . ";.•‘•374. 'r{[iT.art irss_ 7528 WCR•79 •' �; s -•li •.- CV5E NUMBER: : t µ!^- :+ . .r. . ^. r,.:.. • Rn en 8Q 2 . . . .. � -• ,.,. _ ::47"%• r r 1.4 w ?E RDAD N1+ffiESt -... . ` • TE t 1 � 7 � r••k�" + � . n• r ' ti PROBLEM „Z y; WCR 16,and WCR 79 • ' IGCATlON ... ;r '.. SURFACE TYPE PAVED 'CRAVfZ `"•, :4-. RFFORTn)4t'PtJ.t t' (CltEOc APPROPRILTE "1t4s) ` 1 Zar.ACE 2 I8' 3' • . C7�VE7,•r r �✓-'•8AVE1�1'E �,r 1-r•. RUJQ4. _ EGLE(S) _ 4i-IXA' r-_ EIAEDy�T, T. _Wt9E1-CCIE .._ ST•:TitI4F:Y%:.,- �„ia op (E+'rGE OF _P REKNA J •. DUST .--. EDCE EDLE PAY.) .. • _ .. 7RIIML�Xi 2CF,/SNOW pryp • ;. • - BLOCICRE SIGN • _ - t 4. IMF: 5. TRAFFIC CDStTIROLIIEVICE5: „_. WATER OVER ROAD =is �� I nege w_Wm __Miss. _ Req. �. FI.00A.Tii PROD. PRO. COARDRAIL — Dazroge Req. _SE'AJDINQ ffi DritH PAVf2 ENT — Worn .._ Req. • 6. riSCELL NErnls: 4 7. MIDGES: �• PROPERTY DAMAGE _ RON:GIDE aAzARD5 CUARDR4TL • _Lrz'it PICK-UP CONSTRUCTION REIATED - DECK _YMC QUALITY -CVER4.2ICER'VEHIC.25 _ APPROACH REnARKS/Ofl a trnt1d 'Like a etnn slim installed on Road 16. Please see ntrirhed letter. ' • • r REFERRED Iv; Mare Street .4 RESPCKLE REQUESTED: X YEs _EA RESPOND TO:4lr. Tiausner DATE OF RESPONSE: 5/Op, 89 R FONSE s&vr to: Ur t e ,r/acts_N Pe- n?: f'j2vr SILPPe fi ACTION rnICEN: f Pel A'►r. kUSePr acid! 71-0_./Q %is-, 714ts " J� ta,nulel QP Q tyGg'iC 0/ at �to-Srr fffff/' P. o 5Pe i ?' r 4- taierreabl S 13 clay 890537 :xrzcrP / • . MAY 1 1989 board of County Commisioners, ��M ----=-/—+ Eta Kiel!t:. : rizebJR We have a blind intersection at Road 16 & Road 79. We have a yeild sign on Road 79 coming from the North..and would like to have a stop sigh installed on Road 16 coming from the West. Most of the traffic is North-South. People come from the West at 50-60 MPH and don't realize that the people coming from the North don't stop. 17 77 Cd�� a�ac5r� Q - 4- c sc un. K ') y rt oc>c-Cw Coto Ccc,CZ ;06 cad RortC . 1065a 690537 'e, ' • rf .• 1. - \y. , 1 V26151 tucR 79 hoI-11 bov�;•o? 572- . 6 p7 v./cR 79 .. - a/CIL lb .. sov-tbt bovH41-.7410 w e-R !6 i woo' �00 % ._ - j ow y�, 1, L '4 .7,:* ,:kik.,-' ' -4r 2*'‘'. ' '-' ' . "Th.'4 .. ie . . „ ,- ,..t,'‘, *•,,,. ist.:. k _ r I F.•Y .M • • WM& sfr6Js9 wcR Up E4.cl bot4 SP6fr7 4feR e6 4,,9-0 bo' --O ,a..c e 19_ to wCR 79—89®t537 5(O0 SF-op -Aka d. ( proposeeI� 0 _ _ N 6rpve- of Trees \ o. 0 l kD ( pro.poseI %., CIkQrOe ex; ing " geld. " to "Stopou52 d •<-.-- t [tool—i / Asp(ia1'fS Gracie MILL Grae ( H/I-1- cucg. /6 t;01 0 ----- S4-op pro posed) e 0 6 ,pGC- 1q 4 s-h o p /P PQ cL pi of apt') 590537 LOCATION /4/79 4/tenet./ TEMPERATURE roo WEATHER COND. _CAI/ Pi 99 N• se/t / : 4s c/;z/(9 ( Co . X1 /9i . -fiich.99/: / S S/A9/P9 I Se J//: zy S/zz/tf t tv Comb" //Z/,2 =.Sf er-- /dg/id( 5/29/17 c x , 96 = 3i /or I I La, &audi 20 ICI 20x ,9P - /?API Co, Rai w, of79 -t7 ' $cf /: SC i/Az/i9 o Go, Rd79 Ada,/ s o 6-7z777 fe f. / :3 S s//z/ei7 Pick,/ / : /d 921/17 (fen vCo ail/ /73A- I r, ni /fraitietifrif .17/ =21 g xar6 - gy%o/ 2fXo, 7z = 27 APT PASSENGER VEHICLES PICKUPS SINGLE UNITS T COMBINATION UNITS /y-✓'Q [�_ TITLE 1'8 /r7/c us le,/c Cate,! % SURVEY BY --Lel—rain DATE 57z2/r/ DRAWN BY �/� DATE 5/27/ CHECKED BY _ DATE /� COUNTY ROAD NO. APPROVED BY COUNTY ENGINEER 590537 WELD COUNTY DEPARTMENT OF ENGINEERING RESOLUTION RE: REGULATING, WARNING AND GUIDING TRAFFIC DURING TYE TEMPORARY CLOSURE OF WELD COUNTY ROAD 60 BETWEEN WELD COUNTY ROADS 15 AND 17 FOR APPROXIMATELY 14 WORKING DAYS FOR CULVERT REPLACEMENT 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, pursuant to Section 42-4-410 (6) (a) , CRS: . .local authorities, with their respective jurisdiction, may for the purpose of road construction and maintenance, temporarily close to through traffic or to all vehicular traffic any highway or portion thereof for a period not to exceed a specified number of work days for project completion and shall , in conjunction with any such road closure establish appropriate detours or provide for an alternative routing of the traffic affected. . . " , and WHEREAS, the Board, pursuant to said statute and upon the basis of traffic and personal investigations, has determined that conditions exist which make it necessary to temporarily close to through traffic and to regulate, warn and guide vehicular traffic on said County roads by posting signs thereon. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, deems it necessary to regulate, warn and guide vehicular traffic on County roads and any intersections thereof, and it hereby authorizes and orders the posting of such traffic control devices as shall be reasonably necessary to regulate, warn and/or guide traffic thereon for the safety of the general public and that said traffic control devices shall conform to the Federal manual on Uniform Traffic Control Devices. BE IT FURTHER RESOLVED that the Board of County Commissioners of Weld County, Colorado, does declare and establish that Weld County Road 60 between Weld County Roads 15 and 17 be temporarily closed , with said closure being effective June 21 , 19P9, for approximately 14 working days, and further, that standard official traffic control devices shall be erected at said closure giving notice of the restrictions. • 290533 Page 2 RE: TEMPORARY CLOSURE - WCR 60 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of June, A.D. , 1989 , nunc pro tune June 21 , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: �'^ WELD COUNTY, COLORADO Weld County C erk and Recorder and Clerk to the Board C.W. Kart y, C irman , L yi. i a ne J son, PTO-Tem eputy County erk /L APPROVED AS TO FORM: eG ne R. Bra ner C —( George Fe. ne ,County Attorney fiord c 890533 e mEmORAnDUm To Date Clerk to the Board June 23, 1989 George Goodell, Director of Road and Bridge COLORADO From Road Closure Subject' The following road was closed June 21, 1989 for a culvert replacement. It will be closed approximately 14 working days. Please place this on the Board's next agenda: WCR 60 between WCR 15 & WCR 17 GG/mw:frc xc: Commissioner Lacy Weld County Dispatch Weld County Sheriff's Office WCR 15 WCR 17 WCR 60 090534 / l _ i •�:- -:-.2-...;•-•:::::-.: - • • • f La* • ^- :_� !. ..,..a..--_- r--_ N - - -�._ - : �, 1 \ ii 4/bad- p2 n kyr;oldie_Q • . • v te4our Me""ISLP t -Tva-.s- ..-------<-.........."-s„ • • _ . _ ice! = WCR 6�1 • 7 ype ¶ Je bar/r cG �f �IQS�ier �~ • 444N1. it d (o s e� ILI - J� - .••."0"•‘•-•.: - - _Y, — -s:- Roe? 4 CloSP 4 6/Za/n 1 tir Co IVete 1 IIf ` =_' rep faceWeµt far QpjOroe .to1P !y I _ clay a • .."`'>---_-•-•.--- TITLE `?oac( e/osvke Wok 6o a' a/c-4 is 9' kick /7 - SJRYEY BY ^ ,, DATE.Z DRAWN BY f" 'QC.-- DTE 120 fl -a_ -4 Q-IECY£D Br �r I l` r- f. '^ - COUNTY ROAD N2 e V APPROVED BY COUNTY ELtGZ& ER =4 VPLD COUNTY DEPART Eli=NT Or EN--IN ERINC.; - TORY l 2/r: L__ _ �t...� ��.s__�___ -� . �_89®533 RESOLUTION PE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CERTAIN PARTIES FOR VIOLATIONS OF THE WELD COUNTY BUILDING CODE 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, the Weld County Department of Planning Services has referred certain violations of the Weld County Building Code Ordinance to the County Attorney' s Office, and WHEREAS, those persons in violation of the Weld County Building Code Ordinance are Victor R. Elder; Shepler & Thomas; Amoco Production Company; Monica H. Mossberg; and Brad Mossberg, and WHEREAS, despite efforts by the Planning staff to resolve said matters, the violations have not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against those individuals as hereinabove named to correct said violations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against Victor R. Elder; Shepler & Thomas; Amoco Production Company; Monica H. Mossberg; and Brad Mossberg to remedy the violations of the Weld County Building Code Ordinance, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. 890534 Page 2 RE: BUILDING CODE VIOLATIONS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of June, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: � WELDCOUNTY, COLORADO Weld County erk and Recorder Ze and Clerk to the Board C.W. Kir y, C irman BY: 6}./t-,QCs .e--24-4.--1,, a ne J son, Pro-Tem Deputy Count Clerk APPROVED AS TO FORM: Gene R. Brantne/r (� George Ke f ` - ,County Attorney Gord 890534 fttP6r MEMORAnDUM 11111e To Board of County Commissioners Dale June 26, 1989 COLORADO From Department of Planning Services was= Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Building Code Ordinance. Building Code Ordinance Violations: BCV-1136 Shepler E. Thomas P.O. Box 2164 Evergreen, CO 80439 BCV-1138 Amoco Production Company 600 S. Cherry Suite 915 Denver, CO 80222 BCV-1142 BCV-1142 MOBILE HOME, OWNER: Monica H. Mossberg Brad Mossberg 4320 65th Avenue 4320 65th Avenue Greeley, CO 80634 Greeley, CO 30634 The Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. 890534 � 1 mEMORAnDU WII'Dc. To Board of County Commissioners Doe June 23. 1989 COLORADO From Department of Planning Services Subject: Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioners cuthorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Building Code Ordinance. Building Code Ordinance Violations: BCV-1135 Victor R. Elder P.O. Box 320 45101 Weld County Road 27 Pierce, CO 80650 The Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties. any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. Copies of the violation materials arc available at the Department of Planning Services' office or the Weld County Attorney's office. • 890534 aR2154036 O 0 a RESOLUTION RE: CORRECT RESOLUTION CONCERNING TRANSFER AND ASSIGNMENT OF o CABLE T.V. FRANCHISE TO JAMES CABLE PARTNERS, L.P. o c WHEREAS, the Board of County Commissioners of Weld County, o w Colorado, pursuant to Colorado statute and the Weld County Home o Rule Charter, is vested with the authority of administering the o affairs of Weld County, Colorado, and U " a WHEREAS, on the 12th day of June, 19P9, the Boar& did, by a Resolution, approve the transfer and assignment of a cable T.V. franchise to James Cable Partners, L.P. , and x m a WHEREAS, it has now come to the Board 's attention that James co O Cable Partners , L.P. , is requesting certain corrections to said ccoz Resolution of June 12, 1989, with said corrections being as �m follows: kD a 1 . The fifth paragraph on Page 1 which reads, "WHEREAS, 1/40 0 James will merge or liquidate Chartwell into itself so cnw that James will hold the franchise directly, " should be 4. v corrected to read as follows: "WHEREAS, James will m z acquire the assets of Chartwell so that James will hold o Q the franchise directly. " N z 2. The paragraph entitled, SECTION 1 . which read, "County Z hereby consents to and approves the transfer of all of nor, the capital stock of Chartwell to James and the N un subsequent merger or liquidation of Chartwell into James, and to the assumption by James of all of the cc en duties and obligations under the franchise, such assignment and transfer to be effective upon the transfer of the capital stock of Chartwell to James. " should be corrected to read as follows: "County hereby consents to and approves the transfer of all the assets, including the franchise, of Chartwell to James and to the assumption by James of all of the duties and obligations under the franchise, such assignment and transfer to be effective upon the transfer of the assets of Chartwell to James. " WHEREAS, after study and review, the Board has determined that such corrections do not affect the Resolution of transfer and assignment; therefore, it is deemed advisable to approve said corrections. . r . 890544 NO 0 o o N O Page 2 I O RE: CORRECTIONS TO CABLE T.V. FRANCHISE - JAMES CABLE O o (i I C 3 NOW, THEREFORE, BE IT RESOLVED by the Board of County 0 M Commissioners of Weld County, Colorado, that the corrections, as a hereinabove stated, to the Resolution concerning the transfer and o assignment of cable T.V. franchise to James Cable Partners, L.P. , O he, and hereby are , approved. -4a kr) The above and foregoing Resolution was, on motion duly made '4. and seconded, adopted by the following vote on the 28th day of '" a June, A.D. , 1989 . m J � BOARD OF COUNTY COMMISSIONERS z ATTEST: WELD COUNTY, COLORADO N H h Weld Count.YL- tI t`k, and Recorder c a and Clerk t .the 'BC$tira C.W. Kar y, Ch rman VD o• w B C77�j c ei_ o ne J son, Pro-Tem co z Deputy County lerk N Q Ale APPROVED AS TO FORM: Cene R. Bra tnee-el.:4eorge KEnne M 1!1 ` ttt _ ( 6�=._� .lam , County Attorney w w Gor r 890544 Chartwell .5299 OTC Boulevard Suite 260 Englewood, CO 80111 303/694.1700 • ReNgT0h4E Office 125 Crestridge Fort Collins, CO 80525 Ph. (303) 225-0537 Weld County Colorado ATTN: Bruce Barker June 26, 1989 P.O. Box 1948 Greeley, CO 80632 Dear Bruce: This letter is in reference to our conversation on the phone today. As X mentioned, the attorney for James Cable would prefer a slightly different wording in two sections of the Resolution recently passed by the Board of County Commissioners for Weld County. They are: 1 ) On the 5th "WHEREAS" down on page one to read; "WHEREAS, James will acquire the assets of Chartwell so that James will hold the franchise directly, and" (delete the words "merge or liquidate" and "into itself" ) 2 ) Section 1 of the 2nd page to read; "County hereby consents to and approves the transfer of all the assets including the franchise, of Chartwell to James, and to the assumption by James of all the duties and obligations under the franchise, such assignment and transfer to be effective upon the transfer of the assets of Chartwell to James. " (delete the words "capital stock" , "and the subsequent merger or liquidation of Chartwell into James, " and "capital stock" ) . These changes are necessary because the sale is not a merger or stock transfer but rather a sale of assets (please note that the words that need to be added are underlined) . Also, these changes do not materially affect the Resolution. Once again, your cooperation is greatly appreciated. Sincerely) ' Robert J. Brine/ Vice President Of Operations 890544 RESOLUTION RE: TRANSFER AND ASSIGNMENT OF CABLE T.V. FRANCHISE TO JAMES CABLE PARTNERS, L.P. 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 ("County") , approved and enacted Ordinance No. 94 on December 14, 1981, authorizing the grant of a Cable T.V. franchise; which Ordinance was amended by Ordinance No. 94-A on December 21 , 1982, and Ordinance No. 94-B on February 12 , 1985, and WHEREAS, on December 19, 1988 , County adopted a Resolution granting to Chartwell Cable of Colorado, Inc. ("Chartwell") , a cable television franchise, and WHEREAS, Chartwell desires to sell its business and franchise to James Cable Partners, L.P. ( "James") , and James desires to assume all of the duties and obligations of Chartwell under the ` � franchise, and II �T WHEREAS, James will,.(-mere— ' r 1iertidat4_Chartwell -i-nto-itoel-f so that James will hold the franchise directly, and WHEREAS, the Board of County Commissioners of the County of Weld recognizes that James will initially be serving only a small area in Weld County of less than 500 subscribers, and WHEREAS, the applicant has presented facts sufficient to persuade the Board of County Commissioners of the County of Weld to invoke the WAIVER OF REQUIREMENTS section of Ordinance No. 94-A, and WHEREAS, application has been duly made by James requesting approval of the transfer of the franchise. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado: kr a 1.1 r., �� it) -ay � . �a24-e / `:z ; _ 890501 Page 2 RE: JAMES CABLE PARTNERS, L.P. SECTION 1 . 1-L4_ County hereby consents to and approves the transfer of al],�,,f the,__ $, ,,' —capita it=I =}� of Chartwell to James 4e-r--O� ,\7 ,,,r-1iyuid“Lio.. of C-hartwe , and to the assumption by James of all of the duties and obligations under the franchise, such assignment and transfer to be effective upon the transfer of k thejcapztal stocSC_ of Chartwell to James. SECTION 2. County acknowledges that as of the date hereof, the franchise is in full force and effect, the same as is held by, and the rights and privileges granted thereunder, inure to the benefit of Chartwell, and that to the best knowledge of County, Chartwell is in full compliance with the franchise. SECTION 3 . That the consent and approval hereby granted is given pursuant to the terms and provisions of the franchise, but do not, however, constitute, and shall not be construed to constitute, a disclaimer or waiver of any rights granted or any duties or obligations imposed by the franchise, except as provided herein. SECTION 4. That County hereby approves and consents to the following exception pursuant to the WAIVER OF REQUIREMENTS section of iOrdinance No. 94-A: Section C. of heading "Company Services" shall be waived, unless and until there are a total of 500 subscribers on the system. I SECTION 5 . That the franchise originally held by Chartwell was duly and legally adopted and approved by County, and that said franchise is I hereby validated, ratified, and confirmed. 890544 890501 . , .4 Page 3 RE: JAMES CABLE PARTNERS, L.P. SECTION 6 . That James shall be controlled at all times during its operation, installation, and maintenance of the system pursuant to the franchise by all provisions of the County Ordinance No. 94 , as amended, and that any such terms of said Ordinance are incorporated herein as if fully restated. SECTION 7. That James shall not assign the franchise granted herein, or any right or interest contained therein, without the written consent of County; provided, however, that James has the right to assign, mortgage, or pledge the franchise as collateral security for any loan to purchase and/or operate the cable television system. SECTION 8. County hereby consents to any such assignment, mortgage, or pledge as collateral security; agrees to provide to any secured party the same notice required to be given James under the franchise; agrees that any secured party shall have the same rights as James to cure any defaults under the franchise as assigned; and agrees that if any secured party assumes the rights and obligations of James under the franchise because of any default, that said secured party shall have the right to assign its assumed rights and obligations to a third party that is reasonably capable of performance of James' obligations under the franchise subject to the written consent of County. SECTION 9. That the sections of this Resolution are hereby declared to be severable, and if any section, provision, or any part hereof shall be held to be unconstitutional or invalid or unenforceable, such section, provision, or part shall be fully severable and this Resolution shall be construed and enforced as if such section, provision, or part never comprised a part hereof and the remaining sections, provisions, and parts hereof shall remain in full force and effect and shall not be affected by any unconstitutional or invalid or unenforceable section, provision, or part, or by its severance herefrom. 890544 890501 • Page 4 • RE: JAMES CABLE PARTNERS, L.P. SECTION 10 That this franchise shall become effective upon signature of this Resolution. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of June, A.D. , 1989. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder 4 1/ and Clerk to the Bo rd C.W. xir y, Cosirman • e ne Jo son,&tee— a Pro-Tem eputy County ClerkJot igimk. APPROVED A TO FORM: Gene R. Brantner )6 Y 411 George Ken' County Attorney re- Got 890544 8905O1 RESOLUTION RE: APPROVE FIREWORKS DISPLAY LICENSE FOR VINEYARD CHRISTIAN FELLOWSHIP CHURCH ON TAE 1ST DAY OF JULY, 1989 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Co]orado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Section 12-28-103 , CRS, as amended, permits Weld County to grant permits for public displays of fireworks by organizations and groups , and WHEREAS, Larry and Debra Carrillo, for the Vineyard Christian Fellowship Church, have applied for a Fireworks Display License for July 1 , 1989, with the display to take place at 21120 Weld County Road 41 , La Salle, Colorado, and WHEREAS, the Board, after review and consideration, deems it appropriate to grant said License. NOW, THEREFORE, PE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Larry and Debra Carrillo, for Vineyard Christian Fellowship Church, be, and hereby are, granted Fireworks License No. 75 for July 1 , 1989, subject to approval by the Weld County Sheriff's Office; and/or the fire protection district; and the posting of a $1 ,000.00 bond or other proof of adequate insurance. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of June, A.D. , 1989 . �J L BOARD OF COUNTY COMMISSIONERS ATTEST: '4.711 """ ` Q'W WELD COUNTY, COLORADO Weld County lerk and Recorder ./ Y/ and Clerk to the Board C.W. fififiiry, Chlfirman RY. zy141.14tee J son, Pro-Tem Deputy County .lerk ,�/APPROVED AS TO FORM: Gene R. Frantner l `!- - r �� . 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Ir7� �y\s .s.!lei •i :$�/ ors ,;e a A44.0 1t ri „µ. �\!:! 4'4k+ y01 rih """• • r, 4:•,,4,- 'A4£u'!°r 1 IrF' \ r y� �:,/ ia' ?!, ik�.�yi n �`. ,5,,, >r„m4r$r ""'"' iyatr„ "„ • .,,;w ,•vokfe `\.4* 1 f /r, 1 i 4:4i,,r^4eii ,0:,,,%kititttli 0,*Wel A er ii +. 4t evS.V/. 14 r' •••�r r•'47.40 •i � • AX edit 44fy� ,,ti"1�, jrYi Igr.',,ANC. B)rr�l M ``a hN,f.rr H)irvpo,A AirrS�e PYi Iaiaa . 0,Y,Al.t�`aa." rryr rkid aM: r fr.r I d�'.. * I l►x.,41. - rr/3} ' i �L 4'�N fji:„* t\l'.f •`4e A `,h�,•3^Y'1 fit k.' li.';'.i5 1 1'Al.t IS r'C C r'' A. 1V i a T�^,' ,y .�`•i r r . —t..-�. --�_-""---__•—•-•„__,"� _ •�,—1,-- �_--- ---�,_-.- _„„-‘,......________.,—..,_,- "N_ ; WELD COUNTY, COLORADO APPLICATION FOR. \ \ FIREWORKS DISPLAY LICENSE V \N�1 (42D �iS{ iPN ��k\ow S�.� Q\iQ.k NAME OF APPLICANT:Q,s•. LQ t r 4, �•TT � 1 r U _Q �Gh C4Y , 'io ADDRESS: 2 I ( 2o in .c , P.,\), MAILING ADDRESS: 2 1 J 20 c.z •c . R • 9 ) EXACT LOCATION OF PREMISES ON WHICH THE FIREWORKS DISPLAY WILL TAKE PLACE: h% �Nf next -to n,_ nd on n cres 0c pa sl'ur )2 roc' chc ; oe 1/4,On ,6 10 'X/n ' br;c ja y_t-, ut . DATE OF EVENT: 750 1 ) ---4- / {j 9 APPROXIMATE TIME EVENT IS TO BEGIN: q . 30 P (1.1 . NAME OF LOCAL FIRE DISTRICT: La Sa lic : r P Qo p f, A License fee of $5 .00 , payable to Weld County, Colorado, is hereby tendered and application is hereby made for a Fireworks Display License, for the Calendar Year 191. This' License is issued subject to the laws of the State of Colorado, especially Section 12-28-103 , CRS. SIGNED: 0. GCBs "i(4o TITLE: pq DATE: 6 - 15 - 8•9 890543 dime 7G , 1889 Board of County Commissioners To Whom It May Concern: This letter is in reference to a function sponsored by the Vineyard Christian Fellowship. Wr (Vineyard ) art a Colorado non-profit corporation- We are located at 1015 9th Avenue, Greeley , CO. The church i5 sponsoring a picnic at the home of Larry and Debbie Carrillo , 21120 WCR 41 , LaSalle , Colorado on July 1 , 1989. If you need any further information please contact us at 352-5577, Sincerely, Till Ohl)? Michael E. Webb Pastor Vineyard Christian Fellowship 890543 PERM I T LA SALLE FIRE DEPARTMENT INC. THIS USE PERMIT IS ISSUED TO: IAL Y.sMtlAY_cus 3Q d. b. a. Stamp THIS PERMIT IS NOT TRANSFERABLE AND SHALL EXPIRE ON JULY 6, 1988. BY SIGNING THIS PERMIT THE APPLICANT AFFIRMS THE FACT THAT THEY HAVE READ THE STANDARD FOR PUBLIC DISPLAY OF FIREWORKS, N. F. P. A. 1123-1982, AND HAVE PURCHASED ADEQUATE INSURANCE FOR THE EVENT. i' . SUE DATE: _ 6JJ6 PERMIT FE[::.$25.00 Waived by Chief 4/1 -a/US % at...c r P LICANIG. ATJR: FIRE DEPARTMENT C=FICER 89©543 CERTIFICATE OF INSURANCE Insured: LP R4( S &QhLGo y 1,6)62A 19- C4Ar(1,GO Address: Ot r /3O eL�J C.c�-r _gip) ¢at LA 514•1,41'# CC sr 064-Ci Permit Number and Address: POLICIES: COMPREHENSIVE GENERAL LIABILITY LIMITS (IN THOUSANDS) EXPIRATION NAME OF INSURER AND POLICY NUMBER EACH OCCURRENCE AGGREGATE DATE PRIMARY BODILY INJURY $ $ � � PROPERTY DAMAGE $ $ - 46€5BODILY INJURY AND PROPERTY DAMAGE $ /CO,OCC $)(0,iyi - /424/t/4k;-", NUM R p COMBINED CE SINGLE LIMITS BOC1LY INJURY AN6- PROPERTY DAMAGE $ $ COMBINED NUMBER SINGLE LIMITS ADDITIONAL COVERAGES REQUIRED AND IN EFFECT: PREMISES - OPERATIONS EXPLOSION, COLLAPSE AND UNDERGROUND HAZARDS BLANKET CONIRACTURAL LIABILITY PROPERTY OF DENVER IN CARE CUSTODY 4N0 CONTROL OF, OR USED BY, RENTED TO OR OCCUPIED BY INSURED aNTRACTOR'S PROTECTIVE LIAB. THE CITY AND COUNTY OF DENVER NAMED AS PRODUCTS - COMPLETED OPER. _.__ ADDITIONAL INSURED X ALL POLICIES ARE CURRENTLY IN EFFECT AND SHALL NOT BE CANCELED, LIMITED OR ALLOWED TO EXPIRE WITHOUT RENEWAL UNTIL AFTER 30 DAYS WRITTEN NOTICE TO THE MANAGER OF PUBLIC WORKS C/O FINANCE AND ENGINEERING, 1675 BROADWAY ROOM 1500, DENVER, COLORADO 80202. ANY COVERAGE AFFORDED THE CITY AND COUNTY OF DENVER AS ADDITIONAL INSURED SHALL APPLY AS PRIMARY AND NOT EXCESS TO ANY INSURANCE ISSUED TO THE CITY AND COUNTY OF DENVER. DATE: H - /4$ A OR EPRSN E AT: l O 0 t&� /7&/171-- TI LE AGENT'S ADDRESS /yr9c Z,,,ifte,ence /I/ Fealvgfieteir< ≤e& 7Xe � INSURANCE COMPANY AGENT'S PHONE: SIGNATURE MAY BE THAT OF AGENT IF PLACED THROUGH AGENCY AGREEMENT WITH INSURER OR MAY BE THAT OF OFFICIAL OF CARRIER IF PLACED THROUGH A BROKER. EVIDENCE OF AUTHORITY OF AGENT TO SIGN FOR/OR BIND INSURER SHALL BE ATTACHED. SCC-4 FORM 207 890543 LICENSE AND/OR PERMIT BOND PIONEER GENERAL INSURANCE COMPANY BOND NUMBER KNOW ALL MEN BY THESE PRESENTS: That we. thr'.ineyarC ri tiara Fellnrch p .as Principal, and PIONEER GENERAL INSURANCE COMPANY, incorporated under the laws of the State of South Carolina,with principal offices at Littleton, Colorado, as Surety, are held and firmly bound unto WELD COUNTY COLORADO in penal sum of One thousand and no/100 ($1,000.00) Dollars, lawful money of the United States for which payment,well and truly to be made,we bind ourselves, our heirs,executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has applied to said Obligee for o license for FIREWORKS NOW, THEREFORE, THE CONDITON OF THIS OBLIGATION IS SUCH, That if the said Principal shall indemnify said Obligee against all loss to it caused by said Principal's breach of any ordinance, rule or regulation relating thereto,then the above obligation shall be void, otherwise to be and remain in full force and effect until _ July 4, 1989 , 19 , unless renewed by continuation certificate. THIS BOND MAY BE TERMINATED at any time by the Surety upon sending notice in writing, by certified moil,to the Clerk of the Political Subdivision with whom this bond is filed, and at the expiration of thirty(30)days from the receipt of said notice, this bond shall ipso facto terminate and the Surety shall thereupon be released from any liability for any ads or omissions of the Principal subsequent to said dote. Signed, sealed and doted the 26th day of June XX , 19 89 The Vin and Christian ellowship Pri I • Principal PIONEER GENERAL INSURANCE COMPPAAN By Attorney-in-Fort 830543 •• PIONEER GENERAL INSURANCE COMPANY Littleton, Colorado POWER OF ATTORNEY • KNOW ALL MEN BY THESE PRESENTS: YAM Inn PIONEER GENERAL INSURANCE COMPANY.a corporation of rho Stain of South Carolina have In Its principal*Rica in the City of Lillletea,Colorado pursuant 10 Ina following Bylaw.which wAs adopting 0y the Ooard of Directors Of MO said Company en 1410,to wit -An,Cle V•Section 1.RESIDENT OFFICERS AND ATTORNCYS•IN•FACT.Thu President or Any Vico-President,acting with any Secretary Or Assistant Secretary• shall nsse me author.'y TO appoint Resident V,ce•Plus•Junts and Allomrys•In-Iact.with Ilwprsrur and aulhw,ly tgsign,yxuculo,acknowl009.and deliver Oh its IMAM,. as s Surety' A A ny an all unoeflakln'?ofuretyship and 10 allia thereto Ind Curf'OlAtO seal of Ind corporation.The Prapaent O/LAY Vice-Wudtnl.aCling wen any rainy y, also nave mu awinouly 10 remove and,CaWo ilea aulhouly of any sixth appointee al any bore." • goes naa0r mime.conshtul,and appoint NORMAN D. NOE, RONALD D. OTTO, KATHY D. SEELE, CLADYS L. CONRADY es true and lawful Allorney(s)-In-Fact,to make,execute,seal and deliver lot and on its behalf,as Surely: Any and all undertakings of suretyship And the eaeWuhan of Sun bonds OP undertakings In pursuance Of these presents.shall be as binding upon said Company.as fully and amply,to all intents and purposes,ss d they nap peen duly mauled and acknowlsiged by Ina rogelarly tinted officers of me Company et lls Olriaas m Lrlllettn.Colorado.,n rued Own persona. Tna following Resolution was inmate°at the Regular Meeting of ma Doan)of Directors of me Pioneer General Insurance Company.had on February ga.1967. 'RESOLVED, Trial the signatures Of officers of the Company and the Seal of the Company may be alibied by facsimile to any Power of Attorney eaeeuted in accoroance wen Article V• $action 1 0l the Company bylaws:and that any such Power of ARwney bearing suCh lacMmtlt signatures•including tnn Waimea signature Cl a candying Assistant SeCMlary and facsimile seal shall be Valid and binding Upon ine Company with respect to any 00n0,unoerrskmg Or cOnlbtt of suretyship 10 whien d is attached.^ Ail authority hereby confined shin remain In lull torte and,fleet until terminated by IhO Company. IN WITNESS WHEREOF.PIONEER GENERAL INSURANCE COMPANY ha'Caused these presonis to be signed bylts President and its corporate seal to be hereunto affixed th4 Arh day of tanyary , 191:0 • PIONEER GENERAL INSURANCE COMPANY t Stale of Colorado 1 •i ,a sa. 0y P,.E51CL•NT •• County of Arapahoe ) ��• �' On this?6 th0ay of January , to 82.before me personally came ,_ Albert C. Smith Sr. tO me known.wno being by me duly sworn,Oid depose and say Ihal(spur Medea in the County of Arapahoe.Stale 0f Cofwad0:That(mina la me Presdent Of ine PIONEER GENERAL INSURANCE COMPANY, the cOrpolsbOn described in and which eaoCuiud the above instrument: mal (mina knows Inn seal Or InC sad corporation.that Ina seal alined le the said Instrument is such corporate sod.Mal it was so affixed by Oroer Ot the Doaid 01 D..Ciws of ss•o corporation;that(sine signed tn.sl there name Oy late OrOur,and teal Byelaw,Arlmle V•Section 1.aOuptCd by the Doard el O,rucl0M of sad Company reterra0 tin in Ina p/eeo,np matrument, 4 now in 10,ce. • My Commission Expires �.. 11/5/89 . Notary Public d% �I�E G Cra/4•�.%(.s.�•+ Cu c j,g,J ..,S njth ,Assistant Secretary of PIONEER GENERAL INSURANCE COMPANY.00 hereby Certify that the above and foregoing is a true Inc W,reCI Copy 01 a Power of Attorney exocutud by said PIONEER GENERAL INSURANCE COMPANY,when is sell in full force and arid. Signed no seated at the City of L,uialon,Colorado this - day Ol 'w . 19 , • Assistant Si:Votary /,/^/ L ll tire_ 49M/7 e /C. 590543 TREASURER'S OFFICE,WELD CO TY qqN° 4497 Greeley,Colorado. lLC . 13. . . , 798/ �O RECEIVED OF. d S/,.`14te i.Q4. (,.fileap �(( S . . .:rl '2 ,Inn I � CC1,.91-: .�% LW/14 FOR I � CREDIT f�f: �n,,- ' w County General Fund 101 0000 \A Aw CNLS itt .Y�Y/LOL� - goo _ Health Department 119 0000 0 j I Human Resources 121 0000 Social Services 712 0000 Housing Authority Road& Bridge Fund 111 0000 Airport 177 0000 County Clerk Cash Escrow 810 0803 Fee Fund 900 0912 School District Gen Fund I j School District C R F School District Bond Fund 890543 FRANCIS M. LOUSTALET I TOTAL AMOUNT County Treasurer ark /n/'� .` CHANGE OWNER p ARCHITECT ORDER CONTRACTOR ii, • FIELD 0 AIA DOCUMENT C707 OTHER PROJECT: WELD COUNTY, COLORADO CHANGE ORDER NUMBER: THREE MOTOR POOL SERVICE CENTER BUI( DING (name, address) WELD COUNTY BUSINESS PARK TO (Contractor) GREELEY, COLORADO • 7 7ARCHITECT'S PROJECT NO: 8803 Jerald Construction Co. , Inc• P.O. Box 1962 CONTRACT FOR: MOTOR POOL Fort Collins , Colorado 80522 SERVICE CENTER BUILDING GREELEY, COLORDO L J CONTRACT DATE:September 1 , 1989 You are directed to make the following changes in this Contract: 1 . Electrical changes as per Contractor's letter dated June 21 , 1989. ADD: $5,052.00 2. Landscaping creditas perContractor's letter dated May 1 , 1989. 'DEDUCT: $ 346.00 The original Contract Sum was S 1 ,511 ,000.00 Net change by previous Change Orders $ 20,748.00 The Contract Sum prior to this Change Order was . $ 1 ,531 ,748.00 The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order . , , $ 4,706.00 . The new Contract Sum including this Change Order will be , $ 1 ,536,454.00 The Contract Time will be (increased! (douoased) (unchanged) by ( -0- ) Days. The Date of Completion as of the date of this Change Order therefore is February 1 , 1989 . LARRY E. STEEL ASSOCIATES JERALD CONSTRUCTIONS. , INC. WELD COUNTY, COLORADO ARCHITECT CONTRACTOR OWNER F Greeley Nzrional Plaza. $u Ise_ 2,0 _Box 1962 P-0- 84 58 Address 640 Address Address Greeley. Colorado 80631 Fort Collins, Colorado 80522 Greeley, Colorado 80632 y BY a E . A. l rAlA av_ Isv "CjL�� y/ DATE Gthie9 DATE DATE ‘/,2. 1'7 , MA DOCUMCNY O701 • C„ANCE ORDER • APRIL 1070 COITION • AIM, • m 1970 ' TI IC ONt PACE AMCKICAN INSTITUTE or ARCHITCCT5, 1735 NEW YORK AVE„ NW,WASHINGTON, D.C. 20006 890552 G , ;%7- Gt t c?o ,4, C-e/ J COMI2TU©fno] 1314 Webster 482-0414 P.O. Box 1962 Fort Collins, CO 80E"2 June 21 , 1989 Larry E. Steel & Associates 822 7th Street, #640 Greeley, CO 80631 Re: Weld County Motor Pool Attn: Mr. Steel This letter is in request of electrical change items as discussed and agreed upon with the electrical engineer and owner on June 14, 1989. As follows: Item // 1 : Add outlet for landscape sprinkler control $ 245.00 Item // 2: Conduit to sump pump for Johnson Control 241 .00 Item // 3: Add smoke detectors 300.00 Item // 4: Air supply blower 240.00 Item // 5: Door operators 1 ,900.00 Item // 6: Three-Phase pumps 440.00 Item II 7: Add relay for lighting in wash bay 206.00 Item // 8: Lights in Room 116 167.00 Item // 9: New lamps 370.00 Item /110: Credit for lights Room 113 -<130.00> Item //11 : Conduit for waster oil and antifreeze tanks 414.00 Sut-total $ 4,393.00 P & 0 15% 659.00 Total Add $ 5,052.00 Sincerely, JE LD CONSTRUCTION CO. , INC. • Douglas R. McCarthy Project Manager DRM/sam 89UL Z 2 ft,'' , rnErnORAn®Um C. W. Kirby, Chairman Wil To_Board of County Commissioners Data June 28, 1989 COLORADO Walter J. Speckman, Executive Director, Human Resources From_.___.__________.__ _ 1989 Emergency Shelter Grant Application Subject: ---_____—__ -- __—_ —.._ Enclosed for Board approval is the 1989 Emergency Shelter Grant Application. Weld County Division of Human Resources was notified that it has been awarded $20,000 of Stewart B. McKinney Homeless Act Funds. The funds will be used to sub-contract with the Greeley Transitional House and Catholic Community Services Northern's Guadalupe Center. These entities will use the funds for general operating expenditure such as utility costs. The terms of the grant will be from July 1, 1989 through June 30, 1990. If you have any cuestions, please telephone me at 353-3816. 1.4:'N.".;;',.^"4,:;,—,.y. r if/ ‘. . .i t1 lrhr.n ��i I "Jr:, yC",4107ui 16 y�k�` 'li ,5 n Wr.b��fwyV q'rn l .....;;;;14,'4,.,„ ":44, r�Ed Cingt Y"�'z.,;(4 J� k 4 I.:' M Fl: a y9 p ✓�ti ',./;:,2,.h..1, JY} s e tx 3Jy 1.4,;021,A" 4:: wle �M tct er' �i.tap 1�4 4N „' :•,.6' ri JunZtt e hb 1989 s.L r _curt to.us guard ,. . a Tacker n Shelter Brant ' oa Vrt. ? ',Enclosed are Si* (B) copies of ViiS applictitian. Please return (5) TiVe of thtel '' once they are signed. k a. 'V. - n�k Y __ . 0EPARTMENT OR AGENCY• CONTRACT RWTING EMERGENCY SHELTER GRANT CONTRACT THIS CONTRACT,made this lj,day of Julv, 1989- by and between the State of Colorado for the use and benefit of the Department of Local Affairs, Division of Housing,hereinafter referred to as theState,and Weld County Board of C2mmissioners915 10th Street. Greeley. Colorado 80632 , hereinafter referred to as the Contractor. WHEREAS, authority exists in the law and Funds have been budgeted, appropriated, and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number_, G/L Account Number_1 Contract Encumbrance Number ; and WHEREAS,required approval,clearance and coordination has been accomplished from and with appropriate agencies: and WHEREAS, the United States Government, through the Stewart 8. McKinney Horndess Act of 1986, Public L. No, 99-500, has established the Emergency Shelter Grants (ESG) program and has allowed each state to administer such federal funds to help improve the quality of emergency shelters for the homeless, to help make available additional emergency shelters,and to help meet the costs of operating emergency shelters and of providing essential social services to homeless individuals, so that these individuals have access to safe and sanitary shelters and supportive services and other types of assistance to improve their situations. WHEREAS, the State of Colorado has received its 1989 ESG Program Funds under Grant #S89DC080001, funds awarded to states are governed by the provisions of PA_ 100.404 and P.l_ 100.628:and WHEREAS, the State of Colorado has elected to administer such federal funds for the state through the Division of Housing pursuant to C.R.S. 1973, 2432.705 (1)();and WHEREAS,the division has received applications from political subdivisions in Colorado for allocations from the Federal ESG funds available to Colorado; and WHEREAS, the contractor is one of the eligible political subdivisions to receive ESG funds:and NOW THEREFORE it is hereby agreed that: 1. Areas Covered, The contractor shall perform and accomplish all the necessary work and services provided under this contract,as described in the"Scope of Services'set forth in the attached Exhibit A.which is incorporated herein and made part of this contract by reference, in connection with and respecting the following area or areas: 2. Scope of Ssrvices. In consideration for the monies to be received from the state,the contractor shall do. perform, and carry out, in a satisfactory and proper manner, as determined by the state, all work elements as indicated in the'Scope of Services;set forth in the attached Exhibit A,hereinafter referred to as the Project.' Work performed prior to the execution of this contract shall not be considered part of this Project. 3. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of Walt Speekman, an employee or agent of contractor, who is hereby designated as the administrator-in-charge of this project, At any time the administrator-in-charge is not assigned to this project,all work shall be suspended until the contractor assigns a mutually acceptable replacement administrator-in-charge and the state receives notification of such replacement assignment. 4, Time of Performance. This contract shall become effective upon proper execution of this contract. The project contemplated herein shall commence as soon as practicable aftgr the execution of this contract and shall be undertaken and performed in the sequence set forth in the attached Scope of Services. The contractor agrees that time is of the essence in the performance of its obligations under this contract, and that completion of the project shall occur no later than the termination date set forth in the Scope of Services. Page 1 of 10 Pages 890550 5. Cblication. Exoenalre and Disbursement of Funds. a) Prior Expenses. Expenses incurred by the contractor in association with said project prior to execution of this contract are not eligible ESG expenditures and shall not be reimbursed by the state. 6. Compensation and Methods(Payment. The state agrees to pay to the contractor, in consideration for the work and services to be performed, a total amount not to exceed Twenty Thousand and No/100 Dollars ($20,000.00). The method and time of payment shall be made in accordance with the'Payment Method'set forth herein, 7, Financial Management. At all times from the effective date of this contract unta completion of this contract. the contractor shall comply with the applicable administrative requirements, cost principles and other requirements set forth in the Department of Local Affairs.Financial Manaoement Manual Incorporated by reference and contractor acknowledges receipt of the Financial Management Requirements. 8. Payment Method. Unless otherwise provided in the Scope of Services: a) The contractor shall periodically initiate all drawdown requests by submitting to the Division a written request using the state-provided form, for reimbursement of actual and proper expenditures of state ESG funds plus an estimation of funds needed for a reasonable length of time. b) The state may withhold any payment if the contractor has failed to comply with the applicable Financial Management Requirements, program objectives, contractual terms, or reporting requirements. C) The state will withhold payment of the final five (5) percent of the total contract amount until the contractor has submitted and the Division has accepted all required Financial Status Report and Performance Report information. 9 Audit. a) Discretionary Audit. The state,through the Executive Director of the Department,the state Auditor,or any of their duly authorized representatives,including an independent Certified Public Accountant of the state's choosing,or the federal government or any of its properly delegated or authorized representatives shall have the right to inspect, examine,and audit the contractor's (and any subcontractor's)records. books, accounts and other relevant documents. Such discretionary audit may be requested at any time and for any reason from the effective date of this contract until five (5) years after the date final payment for this project is received by the contractor, provided that the audit is performed during normal businesa hours. b) Mandatory Aud,. Whether or not the state calls for a discretionary audit as provided above, the contractor shall include the project in an annual audit report as required by the Colorado Local Government Audit Law, C.R.S. 1973, 29-1-601, et sg0 and the Single Audit Act of 1984. Pub. L 98-502, 24 CFR Part 44, and federal and state implementing rules and regulations. Such audit reports shall be simultaneously submitted to the department and the state auditor. Thereafter,the contractor shall supply the department with copies of all correspondence from the state Auditor related to the relevant audit report. If the audit reveals evidence of non-compliance with applicable requirements, the department reserves the right to institute compliance or other appropriate proceedings notwithstanding any other judicial or administrative actions filed pursuant to C.R.S. 1973, 29-1.607 or 29.1608. 10. Contractor.An Independent Contractor. Contractor shall be an Independent contractor and shall have no authorization, express or implied, to bind the state to any agreements, settlements, liability or understanding except as expressly set forth herein. 11. Personnel. The contractor represents that he has, or will secure at his own expense, unless otherwise stated in the Scope of Services, all personnel, as employees of the contractor, necessary to perform the work and services required to be performed by the contractor under this contract. Such personnel may not be employees of or have any contractual relationship with the state. All of the services required hereunder will be performed by the contractor or under his supervision, and all personnel engaged in the'work shall be fully qualified and shall be authorized under state and local law to perform such services. Page 2 of 10 Pages 890550 12. Contract Susoension. If the contractor fails to comply with any contractual proton,the state may,after notice to the contractor,suspend the contract and withhold further payments or prohibit thecontractorfrom incurring additional obligations of contractual funds, pending corrective action by the contractor Ora decision to terminate in accordance with provisions herein. The state may determine to allow such necessary and proper costs which the contractor could not reasonably avoid during the period of suspension provided such coats were necessary and reasonable for the conduct of the project. 13. ContracCfermination, Thls contract may be terminated as follows: a) Termination Due to loss of Funding. The parties hereto expressly recognizethat the contractor is to be paid,reimbursed,or otherwise compensated with federal ESG funds provided tote state for the purpose of contracting for the services provided for herein or with program income, and Therefore, the contractor expressly understands and agrees that all its rights.demands and claims to compensation arising under this contract are contingent upon receipt of such funds by the state. In the event that such funds or any part thereof are not received by the state, the state may immediately terminate or amend this contract. b) Termination for Cause. If,through any cause, the contractor shall fail to fa in a timely and proper manner his obligations under this contract,or if the contractor shall violate any of thecovenants.agreements, or stipulations of this contract,the state shall thereupon have the right to terminate(is contract for cause by giving written notice to the contractor of such termination and specifying the effecfne date thereof, at least five(5)days before the effective date of such termination. In that event,all finished a unfinished documents, data,studies.surveys,drawings, maps, models, photographs.and reports or otherwaterial prepared by the • contractor under this contract shall, at the option of the state, become its property,and the contractor shall be entitled to receive just and equitable compensation for any satisfactory %work completed on such documents and other materials. Notwithstanding the above,the contractor shall not be relieved of liability to the state for any damages sustained by the state by virtue of any breach of the contract by the contractor.and the state may withhold any payments to the contractor for the purpose of setoff until such time as the exactamount of damages due the state from the contractor is determined. 14. Termination for Convenience. The state may terminate this contract at any time the state determines that the purposes of the distribution of state ESG monies under the contract would no longer be served by completion of the project. The state shall effect such termination by giving written notice of termination to the contractor and specifying the effective date thereof,at least twenty (20) days before the effective date of such termination. In that event,all finished or unfinished documents and other materials as described in subparagraph(b)above shall,at the option of the state,become its property. If the contract is terminated by the state as provided herein,the contractor will be paid an amount which bears the same ratio to the total compensation as the servicesactually performed bear to the total services of the contractor covered by this contract, less payments of compensation previously made: Provided,however,that if less than sixty percent(60%)of the services covered by this contract have been performed upon the effective date of such termination, the contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this contract) incurred by the contractor during the contract period which are directly attributable to the uncompleted portion of the services covered by this contract. If this contract is terminated due to the fault of the contractor, Paragraph 13 above relative to termination for cause shall apply. 15. Modification and Amendment. a) Modification by Operation of Law. This contract is subject to such modifications as may be required by changes in federal or state law or regulations. Any such required modification shall be incorporated into and be part of this contract as if fully set forth herein. b) Programmatic or Budgetary Modifications. The contractor must submit awritten request to the Division and obtain prior written approval from the Division for programmatic or budgetary modifications. c) Other Modifications. If either the state or the contractor desires to modify the terms of this contract other than as set forth in subparagraphs a and (b) above, writtemnotice of the proposed modification shall be given to the other party. No such modification shall take effect unless agreed to in writing by both parties in an amendment to this contract properly executed and approved in accordance nth applicable law. Page 3 of 10 Pages • 890550 • 16. Inteoration. This contract, as written, with attachments and references, is intended as the complete Integration of all understanding between the parties at this time and no prior or contemporaneous addition,deletion or amendment hereto shall have any force or effect whatsoever, unless embodied in a written authorization or contract amendment incorporating such changes, executed and approved pursuant to applicable law. 17. Report. - a) Financial Reports. The contractor shall submit to the Department three(3)copies of quarterly financial status reports In the manner and method prescribed by the Division. b) Performance Reoortg. The contractor shall submit to the Department one (1) copy of quarterly performance report and a project d"ompletlon report in a manner and method prescribed by the Division. 18. Gonflictof Interest. a) In the Case of Procurement. In the procurement of supplies,equipment construction and services by the contractor and its subcontractors, no employee, officer or agent of the contractor or its subcontractors shall participate in the selection or in the award or administration of a contract if a conflict of interest, real or apparent,would be itwotved. Such a conflict would arise when the employee.officer or agent; any member of his immediate family, his partner, or an organization which employs, or is about to employ, any of the above, has a financial or other interest in the party or firm selected for award. Officers. employees or agents of the contractor and its subcontractors shall neither solicit nor accept gratuities, favors or anything of monetary value from panics or potential parties to contracts. Unsolicited items provided as gifts are not prohibited if the intrinsic value of such items is nominal. b) In all Cases Other Than Procurement. In all cases other than procurement (including the provision of housing rehabilitation assistance to individuals,the provision of assistance to businesses,and the acquisition and disposition of real property), no persons described in subparagraph i) below who exercise or have exercised any functions or responsibilities with respect to ESG activities or who are in a position to participate in a decision making process or gain inside information with regard to such activities. may obtain a personal or financial interest or benefit from the activity,or have an interest in any contract,subcontract or agreement with respect thereto,or the proceeds thereunder,either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. i) Persons Covered. The conflict of interest provisions of this paragraph b) apply to any person who is an employee, agent, consultant officer, or elected official or appointed official of the contractor or of any designated public agencies or subcontractors receiving ESG funds. i) Threshold Requirements for Exceptions. Upon the written request of the contractor,the state may grant an exception to the provisions of this subparagraph b)when it determines that such an exception will serve to further the purposes of the ESG program and the effective and efficient administration of the contractor's project. An exception may be considered only after the contractor has provided the following: a. A disclosure of the nature of the conflict, accompanied by an assurance that: 1,there has been or will be a public disclosure of the conflict and a description of how the public disclosure was or will be made; and ii.the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific ESG assisted activity in question; and D. An opinion of the contractor's attorney that the interest for which the exception is sought would not violate state or local law; and g. A written statement signed by the chief elected official of the contractor holding the state harmless from all liability in connection with any exception which may be granted by the state to the provisions of this subparagraph 6); Page 4 of 10 Pages 890550 Factors to be Considered for Exceptions. In determining whether to grant a requested exception after the contractor has satisfactorily met the requirements of subparagraph ii)above,the state shall consider the cumulative effect of the following factors. where applicable: g. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the project which would otherwise not be available; D. Whether an opportunity was provided for open competitive bidding or negotiation; g. Whether the person affected Is a member of a group or class of low or moderate income persons intended to be beneficiaries of the ESG assisted activity,and the exception will permit such person to receive generally the same benefits as are being made available or provided to the group or class: d. Whether the interest or benefit was present before the affected person was in a position as described in this subparagraph b); e. Whether undue hardship will result either to the contractor or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and I, Any other relevant considerations, 19. Compliance with Applicable Laws. At all times during the performance of this contract, the contractor and any subcontractors shall strictly adhere to all applicable federal and state laws, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. The applicable federal laws and regulations include: • a) The Endangered Species Act of 1971 (16 USC 1531 et seq.), as amended, requiring that actions authorized, funded, or carried out by the federal government do not Jeopardize the continued existence of endangered and threatened species or result in the destruction or modification of the habitat of such species which is determined by the Department of the Interior, after consultation with the state, to be critical. b) HUD Environmental Criteria and Standards (24 CFR Part 51) providing national standards for noise abatement and control,acceptable separation distances from explosive or fire prone substances and suitable land uses for airport runway clear zones. The Contractor shall assume all environmental responsibilities necessary under this pntraet and shall not delegate any of these resoonsibilties to their subcontracJJr(s) c) The Lead-Based Paint Poisoning Prevention Act — Title IV (42 USC 4821) prohibiting the use of lead-based paint in residential structures constructed or rehabilitated with federal assistance, and requiring notification to purchasers and tenants of such housing of.the hazards of lead- based paint and of the symptoms and treatment of lead-based paint poisoning. d) . eedtion 3 of the Housing and Community Dcyelooment Act of 19e;gi (12 USC 1701 (u),as amended, providing that, to the greatest extent feasible, opportunities for training and employment that arise through HUD-financed projects,will be given to lower-income persons in the unit of the project area,and that contracts be awarded to businesses located in the project area or to businesses owned,in substantial part,by residents of the project area. e) Section 109 of the Housing a s*Cg_mmunity Development Act of 1974 (42 USC 5309), as amended. providing that no person shall be excluded from participation(Including employment),denied program benefits or subjected to discrimination on the basis of race, color,national origin or sex under any program or activity funded in whole or in part under Title I (Community Development) of the Act. f) Title Vi of the Civil Rights Act of 1964 (Pub. L 88-352;42 USC 2000 (0) prohibiting discrimination on the basis of race, color, or national origin in any program or activity receiving federal financial assistance. g) Title VIII of the Civil Rights Ac,pf 1_968 (Pub. L 90.284; 42 USC 3601).as amended, popularly known as the Fair Housing Act,prohibiting housing discrimination on the basis of race,color,religion,sex,or national origin,and requiring HUD to administer its programs in a manner which affirmatively promotes fair housing. Page 5 of 10 Pages 890550 h) Executive Order 11246(1965).as amended by Executive Orders 11375, prohibiting discrimination on the basis of race,color, religion, sex or national origin in any phase of employment during the performance of federal or federally-assisted contracts in excess of$2,000. i) Executive Order 11063 (1962),as amended by Executive Order 12259,regdring equal opportunity in housing by prohibiting discrimination on the basis of race.Color,religion,sex or notional origin in the sale or rental of housing built with federal assistance. j) Section 504 of the Rehablitetion Actor t973 (29 USC 793), as amended,providing that no otherwise qualified Individual shall, solely by reason of a handicap, be excluded from participation (including employment),denied program berefits or subjected to discrimination under any program or activity receiving federal funds. k) Acre Discrimination Act of 1975. (42 USC 6101), as amended, providing that no person shall be excluded from participation,denied program benefits or subjected to discriminatienon the basis of age under any program or activity receiving federal funds. I) Debarred. Suspended, or Ineligible Contractors, (24 CFR, part 24), requirig that for procurement of property, non personal services, contractor shall evaluate past performance cf participants in programs administered by the Department of Housing and Urban Development,as well as Ober relevant aspects of the record and status of the participants, by consulting with HUD's'Consolidated List of Debarred, Suspended, and Ineligible Contractors and Grantee? m) Uniform Federal Accessibility Standards, (24 CFR, Part 40, Appendix A), requiring that for major rehabilitation or conversion of buildings, prescribed standards for the design,construction,and alteration of publicly owned residential structures shall be followed to insure that physically handicapped persons will have ready access to, and use of such structures. 20. Monitoring and Evaluation. The state will monitor and evaluate the contract with the contractor under the ESG program. The contract will be monitored for compliance with the rules, regulations, requirements and guidelines which the state has promulgated or may promulgate and will be monitored periodically during the operation of the project and upon Its completion. The contract will also be subject to monitoring and evaluation by the U.S. Department of Housing and Urban Development. 21. Severability. To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason,nth invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach d a term hereof shall not be construed as waiver of any other term. 22. Binding on Successors. Except as herein otherwise provided, this agreemeet shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns. 23. Subletting.Ajionment or Transfer. Neither party nor any subcontractors hereto may sublet,sell,transfer, assign or otherwise dispose of this contract or any portion thereof, or of Its rights, title.interest or duties therein, without the prior written consent of the other party. No subcontract or transfer of contract shall in any case release the contractor of liability under this contract. 24. Minority Business Enterprise Participation. It is the policy of the State of Colorado that minority business enterprises shall have the maximum practicable opportunity to participate in the performance of its construction grant contracts. The contractor agrees to use its best efforts to carry out this policy to the Wiest extent practicable and consistent with the efficient performance of this contract. As used in this contract. the term 'minority business enterprise' means a business, at least 50 percent of which is owned by minority group members or, in the case of publicly owned businesses.at least 51 percent of the stock of which is owned by minoritygroup members. For the purposes of this definition,minority group members are Negroes or Black Americans.Spanish-speaking Americans, Asian Americans, American Indians, American Eskimos and American Aleuts. The contactor may rely on written representations by bidders,contractors,and subcontractors regarding`their status as mi:city business enterprises and need not conduct an independent investigation. Page 6 of 10 Pages 850530 25. ADolicant Certificatfont The contractor certifies that It will ensure compliance by non-profit corporations to which it distributes funds under the Emergency Shelter Grants Program with: a. Use as an Emergency Shelter(24 CFR,575.53),requiring that any building for which emergency shelter grant amounts are used must be maintained as a shelter for the homeless for not less than a three•year period, or for not less than a 10-year period if the grant amounts are used for major rehabilitation or conversion of the building. b. Calculating the Aodicable Period The three and 10-year periods referred to into paragraph (a)of this section begin to run: r 1. In the case of a building that was not operated as an emergency shelter for the homeless before receipt of grant amounts under this part,on the date of initial occupancy as an emergency shelter for the homeless. 2. In the case of a building that was operated as an emergency shelter before receipt of grant amounts under this part, on the date that grant amounts are first obligated on the shelter. c. Building Standards (24 CFR, 575.55), requiring that any building for which emergency shelter grant amounts are used for renovation,conversion,or major rehabilitation must meet the local government standard of being in sate and sanitary condition d. Assistance to the Homeless (24 CFR, 575.57), requiring that homeless individuals must be given assistance in obtaining: t. Appropriate supportive services,including permanent housing,medical and mental health treatment, counseling, supervision, and other services essential for achieving independent living. 2. Other federal, state, local and private assistance available for such individuals. e. Renting Commercial Transient Accommodations, (24 CFR, 575.33 (c) (IV)), requiring that if grant amounts are proposed to be used to provide emergency shelter for the homeless in hotels or motels,or other commercial facilities providing transient housing, the contractor. 1. Has executed (or will execute) an agreement with the provider of such housing that comparable living space, in terms of quality,available amenities,and square footage,will be evadable in the facility for use as emergency shelter for at least the applicable period specified in (24 CFR 575.53): and 2. Leases negotiated between the contractor and with the provider of such housing make available such living space at substantially less than the daily room rate otherwise charged by the facility;and 3. The contractor has considered using other facilities as emergency shelters,and has determined that the use of such living space in the facilities provides the most cost-effective means of providing emergency shelter for the homeless in its jurisdiction. f. Environmental review, (24 CFR, 575.33 (4) (I)), requiring that no renovation, major rehabilitation, or conversion activity funded under this part will: 1. Involve adverse alterations to a property that Is listed on the National Register of Historic Places, is located in a historic district or is immediately adjacent to a property that is listed on the Register, or is deemed by the State Historic Preservation Officer to be eligible for listing on the Register. 2. Take place in arty 100-year flood plain designated by map by the Federal Emergency Management Agency. 3. In lieu of the environmental review certification required by the preceding paragraph (Q(1) & (2), renovation, major rehabilitation or conversion of a building may be carried out with ESG amounts it an environmental review of an area In which the proposed activities are to be located was previously completed for the purposes of another.HUD program under 24 CFR Part 50 or 58 and addressed properties, activities and effects comparable to those proposed and applicable for ESG assistance. Page 7 of 10 Pages 890550 g• • QonditI nal Grants(24 CFR.575.35(C) (2)),requiring a restriction of the obligation and the use of ESG amounts, unless the contractor determines,with state and HUD approval,that the only feasible locations for the assisted activities preclude the certifications (1) (1) (2). h, Matchino Funds (24 CFR, 575.51(a)), requiring that the contractor shall supplement its emergency shelter grant amounts with an equal amount of funds from sources other than under this part. These funds must be provided after execution of the contract Contractor may comply with this requirement by providing the supplemental funds itself, or through supplemental funds provided by a non-profit recipient(s). i. Calculating the Matchino Amount (24 CFR 575.51(b)), requiring that, in calculating the amount of supplemental funds, there may be included the value of any donated material or building;the value of any lease on a building;any salary paid to staff of the contractor or to any non-profit recipient(s) in carrying out the emergency shelter program; and the time and services contributed by volunteers to carry-out the emergency shelter program,determined at the rate of$5 per hour. The contractor shall determine the value of any donated material or building, or any lease,using any method reasonably calculated to establish a fair market value. 26. Survival of Provisions, Notwithstanding any termination of this contract,the same shall continue in force and effect as to any provisions hereof which require observance or performance by the state and contractor subsequent to the date specified for termination,and it is understood and agreed such provisions shall survive any said termination date. 27. Subcontracting, In the event that the Contractor determines that some or all of the services approved herein are to be provided by an organization other than the Contractor, a written subcontract shall be executed between the Contractor and its subgrantee. A copy of the subcontract shall be submitted to the Division of Housing within 10 calendar days of its execution. 28. Displacement, The Contractor is prohibited from expending ESG funds for any activities that would result in the displacement of person or businesses, Page 8 of 10 Pages 890550 norm r—At.at SPECIAL PROVISIONS co.vrnolLtlrs APPROVAL 1. This contact shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as.he may designate.This provision is applicable to an contact involving the payment of money by the State, FIND AVAILABILITY Z. Financial obligations of the State payable They the curried(fiscal tear are contingent upon funds f.r tnat purpose hemp appropriated.budgeted and°therm rte made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction.erection,repair,maintenance,or improvement of any building, road,bridge,viaduct,tunnel,excavation or other public works for this State.the contractor shall,before entering the performance of any such work included in this contract.duly execute and deliver to and file with the official whose signature appears below for the State.a good and sulTicient band or other acceptable surety lobe approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract.Such bond shall he duly executed by a qualified corporate surety,conditioned for the due and faithful perfnmtanceofthe contract.and in addition,shall provide that if contractor or his subcontractors fail to duly pay for any labor,materials.team hire,sustenance,pmvisions,provender or other supplies used or consumed by such contractorur his subcontractor in pen-armante of the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond.together with interest at the rate of eight per cent per annum.Unless such bond,when so required is executed.delivered and filed.no claim in favor of the contractor arising under this contract shall be audited,allowed sit paid.A cenifed or cashier's check or bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of bond This provision is in compliance with 38.26.(06 CRS,as amended. INDEMNIFICATION 4. To the extent authorized by law,the convector shall indemnify,save and hold harmless the State,its employees and agents,against any and all claims, damages.liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor.or its employees, agents,subcontractors,or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The convector agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended and other applicable law respecting discrimination and unfair employment practices(2434402.CRS 1982 Replacement Vol,),and as required by Executive Order.Equal Opportunity and Affirma- tive Action,dated April 16, 1975.Pursuant thhereto,theJollakin:provisions thou be conjoined in all Stare contrast or sub-contracts. • During the performance of this contract.the contractor agrees as follows: (1 I The contractor will not discriminate against any employee or applicant for employment because of race,creed.color,national origin,sex,marital status. religion.ancestry,mental or physicist handicap,or age.The contractor will take afnnative action to insure that applicants are employed,and that employees are seated daring employment.without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:employment, upgrading,demotion,or transfer,recruitment or recruitment advertising;layoffs or terminations:rates of pay or other forms of compensation:and selection for training,including apprenticeship.The contractor agrees to post inconspicuous places,available to employees and applicants for employment,notices to be pro- vided by the contracting officer setting forth provisions of this nondiscrimination clause, (:t The contactor will,in all solicitations or advertisements for employees placed by(iron behalf of the contractor,state that all qualified applicants will receive c'ns:eeration for employment without regard to race,creed,color,national origin.sex,marital status.religion.ancestry,mental or physical handicap,or age. (3) The contractor will send to each labor union or representativeof workers with which he has collective bargaining agreement or other contract or understand. ^g,notice to be provided by the Contracting Officer,advising the labor union or workers'representative of the contractor's commitment under the Executive Grier,Equal Opportunity and Affirmative AIXion,dated April 15, 1975.and of the rules,regulations,and relevant Orders of the Governor. (-It Thcmnulctor and latwr unions will furnish allinfomtation and reports required by Executive Order,Equal Opportunity and Affirmative Actionofppril 16. i 9"5.and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records.and accomts by:the contracting ageasy and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules.regulations and orders. 1i7 A labor organization will not exclude any individual otherwisequalified from full membership rights in such labor organization,or expel any such individual item membership in such labor organization or dtscnminate against any eras members in the full enjoyment of work opportunity.because of race.creed.color. ,zs. :rational origin,or ancestry. in, A labororganization,or the employees cr members thereof Y. not aid.abet,incite,compel or coerce:he doing M any act defined in this contract tobedis- cr iratury or obstruct or prevent any;coon from complying with the provisions of in,s contract or any order issued:hereunder,or attempt tither directly or ir,rccdy.to Commit any act defined in:no contract to be discriminator). - 1 .`v` !:.x1.102_' rte•:iced :/S8 page.2—or 1Q Nets tvin 890550 Form 6-AC-02C (7) In the event tithe conuaenr's non-compliance with the non-discrimination clauses of this eonrractarOf anh arty ofsuch rules,regulations.Murders.this contract may be cancelkd.terminated or suspended in whole Min pan end the contractor may be declared ineligible for further State contracts in accordance 'with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16.1975 and the rules,regulations.or orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order.Equal Opportunity and Affirmative Action of April 16. 1975,or by rules;regulations,or orders promulgated in accordance therewith.or ax otherwise provided by taw. (ft) The contractor will include the provisions of paragaph(1)through(81in every sub•Ctletract and subcontractor purchase order unless tempted by-rules. regulations,or onkn issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16,1975.so that such provisions will be binding upon each subcontractor or vendor.The contractor will fake such action with respect In any.0f-contracting or purchase order as the contracting agency may direst as a means of enforcing such provisions,including sanctions for non-compliance;prmndrd,however,that in the event the contractor becomes involved in.or is threatened with,litigation with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE ' 6a, Provisions of 8-17-1011k 102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undenaken hereun- der and are financed in whole or in pan by State funds. b. When construction contract fora public project is to be awarded to a bidder,a resident bidder shall he altos)cd a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.Ifd is deter- mined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be avail. able or would otherwise be inconsistent with requirements of federal law,this subsection shall be suspended.but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements(section 8.2 9401 and 102. CRS), GENERAL 7, The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution and enforcement of this contract.Any provision of this contract whether or not incorporated herein by reference which provide for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws,rules and regulations shall be considered null and void.Nothing contains in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,defense or otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this Convict,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that have been or may hereafter be established. 9. The signatories hereto aver that they are familiar with 18.8401.et.seq.,(Bribery and Corrupt Inf ueoces)and 18-8.401,et.seq.,(Abuse of Public Office). CRS 1978 Replacement Vol.,and that no violation of such provisions is present. . 10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF,the pinks hereto have executed this Contract on the day first above written. Contractor. Weld County (Full Legal Name) AMY`ti of COJrtmi csi nners STATE OF COLORADO BY: 17jj :00M . G0vE0R C.W. Ki by 's zxicunvt DIRECTOR Position(Tide) Chairman Smut Seems Menke ar Feel I.D.Nvmaee DEPARTMENT or Tnepl Affairs (ff Con,orate • o-,f,/- ACt:t ($talld � �l�4, ticof: I �Cih) By ,e E' L-G2- . c---, )J C.w ,av Srnn.n.w Lwu &Cny.Cwar Con APPROVALS ATTORNEY GENERAL CONTROLLER BY---___----_._ . . By _ _r___ ,�_ !Y!.`3 C:nnrG,NnmJ n.l, ref( 1O.41..h n At coy a lOwen 'ate n.uail•ga,t,e.enf oar .w o `N..%. 390550 EXHIBIT A SCOPE OF SERVICES WELD COUNTY A. Scooe of S_ervices This project consists of providing emergency shelter service funds under the Stewart B.McKinney Act, Emergency Shelter Grant (ESG) to the contractor to help improve the quality of emergency shelter services for the homeless. A homeless person is defined as: 1. An individual or family which lacks a fixed, regular, and adequate nighttime residence: or 2. An individual or family which has a primary nighttime residence that Is: a. a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for persons with mental illness); b. an institution that provides a temporary residence for individuals intended to be institutionalized; or c. a public or private place not designed for, or ordinarily used as a regular sleeping accommodation for human beings. ESG funds may be used for the following activities relating to shelter services for the homeless. • 1. Rehabilitation of existing buildings, including improvements to increase the efficient use of energy in buildings. (Rehabilitation means labor,materials,tools and other costs of improving buildings, including repair directed toward an accumulation of deferred maintained; replacement of principal fixtures and components of existing buildings; • installation of security devices and improvement through alterations or additions.) 2. Provision of essential services, including (but not limited to) services concerned with employment, health, substance abuse, education, or food, including staff necessary to provide such services. Grant amounts provided may be used to provide essential services only if— a. The service is (a) a new service, or (b) a quantifiable increase in the level of essential services provided with local funds during the 12 months before the Contractor received its initial ESG grant and that now may complement those services contained in 1 and/or 2 immediately above: and b. Payment of shelter maintenance, operation, (including rent; but excluding staff), insurance, utilities, and furnishings. ESG funds may not be used for activities other than those authorized. For example, ESG funds may not be used for: • I. Acquisition or construction of an emergency shelter for the homeless; 2. The cost of staff involved in overseeing the operation of the shelter, 3. Rehabilitation services, such as preparation of work specifications, loan processing, or inspections. Regarding the provision of public services with ESG funds,the Contractor agrees that,any ESG funds provided to a religious or denominational institutional or organization or an organizational operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institutional or organization shall: 1. Not provide religious instruction or counseling, conduct religious worship or services, engage in religious proselytizing or exhort religious influence in the provision of public services; and 2. For the portion of a facility that is used to provide public services in whole or in part, not contain sectarian or religious symbols or decorations. ESG funds to renovate, rehabilitate, or convert buildings owned by pervasively religious organizations can be provided under the following conditions: EXHIBIT A Page t of 2 Pages EXHIBIT A - Cont. / Weld County 890550 1. The building(or portion thereof)that Is to be Improved with ESG assistance has been leased to an existing or newly established wholly secular entity (which may be an entity established by the religious organization); 2. The ESG assistance is provided to the lessee (and not the lessor) to make the improvements; 3, The leased premises will be used exclusively for secular purposes available to all persons regardless of religion; 4. The lease payments do not exceed the fair market rent of the premises as they were before the improvements were made; 5. The portion of the cost of any improvements that also serve a non-leased part of the building will be allocated to and paid for by the'lessor; 6. The lessor enters into a binding agreement that,unless the lessee,or a qualified successor Lessee,retains the use of the leased premises for a wholly secular purpose for at least the useful life of the improvements, the lessor will pay to the lessee an amount equal to the lessee the residual value of the improvements; 7. The lessee must remit the residual value of the improvements referred to in #6.above to the State;and 8. The lessee may also enter into a management contract authorizing the lessor religious organization too operate the facility.including the provision of essential services,in carrying out the secular purpose. In such case, the religious organization must agree in the management contract to carry out its contractual responsibilities in a manner free from religious influences. B. Project Budget Total CostESG AmountMatch Amount Operational $20.Q9Q $20.00Q TOTAL $20,000 $20,000 520,000• `The Contractor shall certify, accordance with the provisions of Paragraph 25(i) that it will match the ESG amount of 520,000 with an equal amount of local funds in the form of cash and/or,in-kind contributions. The Contractor agrees to provide funds to two subgrantees.Catholic Community Services (Guadalupe Center)and Greeley Transitional House in the amount of 510.000 per subgrantee. ... Interim payments are to be made upon submission of appropriate documentation which is detailed in the Department's Financial Management Manual. The Contractor can request funds as needed. C. Time of Performance The project effective date is July 1, 1989. The project shall commence upon execution of this contract and shall conclude on or before June 30, 1990, unless otherwise extended by mutual agreement upon written justification received by the Division of Housing 30 days in advance of the expiration date. D. Contract Monitoring The State will monitor the Project on an as needed basis. Monitoring would be conducted by the Department of Local Affairs. Division of Housing. E. Reoorsino Schediie The Contractor will submit quarterly financial status and program reports detailing the progress of the Project. There will also be a final financial and program report submitted within 30 calendar days after the completion of the Project. Interim and final financial reports must be submitted in accordance with the Department's Financial Management Manual, revised February 1988. Program reports will be submitted in the format prescribed by the Division of Housing. EXHIBIT A Page 2 of 2 Pages Exhibit A- Cont. /Weld County 890330 WELD CCU::TY , COLORAD rmut _ 1 GEMRAL FUND CLAIMS WARRANT P.C. & i;0 . V0. N:l. VENDOR AMOUNT 902352 083849 GREAT WEST LIFE ASSURANCE CO. 11,495.52 902353 084950 G F O A 435.00 State of Colorado ) TOTAL 11,930.52 ) ss County of Weld This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Pages 1 through 1 and dated JUNE 28th 192 9 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount S 11,930.52 Dated this 28th day of JUNE , 193 9 . Weld u. t Fi ,a ce Ricer Subscribed and sworn to befor¢ m this 28th day of JUNE , 1939 ^y cormision expires : M ig9 \live L Notary Publi State cf Colorado ) ) ss County cf Weld We, the Board of County Commissioners of Weld County, Colorado, hereby (approve) (d'.sapprcve) the claims as set forth above; and warrants in payment therefore are hereby crcered drawn upon the GENERAL Fund totaling SS111.930.52 Chairpers n e:\e“\Cr /` gamt N.ember .r.ty C rk and Reccr r Member ;t9 -e:uty Mem e, WELD COUNTY , COLORAD VAlit 1 gpYFQyl, _ FUND CLAIMS WARRANT P.O. &NO . VO. NG. VENDOR AMOUNT 14394 084981 UNITED BANK OF GRE= 1,095,868.39 14395 083848 PRINCIPAL MUTUAL LIFE - 2,328.62 14396 082816 RELIANCE STANDARD LIFE 57.92 25 TERMINATION CHECKS 23,170.75 State of Colorado ) TOTAL 1,121,425.68 ) ss County of Weld ) This is to certify that all accounting and budgeting procedures have bee.,i completed ' on the above listed claims as shown on Pages 1 through 1 and dated JUNE 28th , 198_3 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 1,121,425.68 Dated this 28th day of au'E , 1°39 . d Weld y i n Orricer Subscribed and sworn to before re this 28th day of JUNE , 193 9 My cormision expires: 861 Cdr G`td No ary Publi State cf Colorado 1 ) ss County of Weld ) We, the Board 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 PAYROLL _ Fund totaling S 1,121,425.68 X/I4-47 Chairperson task glue- &tont— c. ilemberre S�� ' Teu .: .hzy C rK and Recor p— Membera "•� _ byynu (G �td --- Member MONTHLY PAYROLL HANDWRITE APPROVAL FORM WARRANT WARRANT NUMBER PAYEE AMOUNT 14334 LORI A FARMER 102.85 14335 DIANA L PAULS 170.75 14362 DAVE E[OGE 2,112.55 14363 EVA LOPEZ 123.94 14364 JUDY LOPEZ 331.63 14365 PATRICIA NiM'IN 350.95 14366 GEPALD W. SIMMERING 1,224.56 14368 7ECLE K HAILE 661.14 14369 PATRICIA A TERRIERS 469.99 14370 RHONDA K SNYDER 2,619.67 14373 LYNDA S. DAVIS 2,027.39 14374 HELEN MAFTINEZ - 504.86 14375 BALYNDA BRAGG 412.88 14376 JESUCITA M TORRES 368.78 14377 JUANITA NDR&NO 481.69 14378 ANDREA NAPTLVEZ 137.63 14383 GARY WIMCLEPLECSC 290.79 14384 DANIEL GIERRA 1,282.96 NUMBER OF WARRANTS TOTAL THE AMOUNT OF THESE HANDWRITES WILL BE INCLUDED IN THE MONTHLY PAYROLL TOTAL ON JUNE 28th 19 89 . MONTHLY PAYROLL HANDWRITE APPROVAL FORM WARRANT WARRANT NUMBER PAYEE AMOUNT 14385 JOHN BRYAN FULKS 1,615.61 14386 IRENE SHOVLIN 1 1,502.57 14387 JANE A LINDSEY J o-\Ced 1,011.35 14388 Jane A Lindsey 1,077.32 14390 Linda More Larson 1,839.63 14391 Diana R. Rodriguez 1,689.40 14392 Robert MGMasters 1,247.13 14393 Daniel Davis 523.69 NUMBER OF WARRANTS 25 TOTAL 23,170.75 THE AMOUNT OF THESE HANDWRITES WILL BE INCLUDED IN THE MONTHLY PAYROLL TOTAL ON JUNE 28th 19 89 • • • • • • • • • • • • • • • • • • • • • a a a b b b a a D b K t r - ^ Z b b ✓ - r P. I. r um O. •. C 9 9 (.. W W W V i.l CS is y 1.1 3 D N N N N N N N N N r r CO iv 0 O 0 0 0 0 0 0 0 .C .O M a O ✓ a N • L. N r O C0 CO D N 9 O b o n Cl n n c c a t O IY b c a n •. z m z a a r C 0 •/ y L n c K •• r H r 7 K K 2 X m M 2 I. b .+ tl •r In Z It n - 11 C 0 0 2 A N C Z T .• T 'Ti It .. • It n •M m in A h n S •1 n T b b I. 5 b Cl Z -4 a b b a S a m m c Z L b c A m r Z M S N n z r c m r 3 X X It 9 z • O K .1 • C 0 X L z z a r N b 71 1r oam T a r 7 •• .r4 n1 n 0 0 O 0 0 0 0 O 0 72 O D O C C a a a a a O. as P P Cc . m C Ir W b 2 . 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WCR 19 between WCR 44 & WCR 46 GG/mw:frc xc: Commissioner Lacy Weld County Dispatch Weld County Sheriff's Office WCR 19 WCR 44 WCR 46 • A lgg M • to - "\-1nv,.k SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING June 20, 1989 A regular meeting of the Weld Ccunty Planning Commission was held on June 20, 1989, in the County Commissioners' Hearing Room, First Floor (4.1O1) , Weld County Centennial Building, 915 Tenth Street. Greeley, Colorado. The meeting was called to order by the chairman, Bud Halldorsec at 1:30 p.m. Tape 345 - Side 2 Ann Garrison Present Jerry Burnett Absent - Telephoned Ivan Gosnell Absent - Telephoned Lynn Brown Present LeAnn Reid Present Rick Iverson Absent Jerry Kiefer Present Ernie Ross Absent - Telephoned Bud P.alldorson Present Also present: Rod Allison, Principal 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 June 6, 1989, was corrected to reflect the presence of Ernie Ross. CASE NUMBER: Z-449 APPLICANT: Harold Reese, Jr. (continued from June 6, 1989) REQUEST: A Change of Zone from A (Agricultural) and C-3 (Commercial) to PUD (Planned Unit Development). LEGAL DESCRIPTION: Part of the SEi of Section 10, and part of the NE} of Section 15, all in T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 miles south of Colorado Highway 119 and west of 1-25. Rod Allison stated the applicant is asking for a continuance until August 1, 1989, to complete plans for highway access from the property. The Chairman called for discussion from the audience. There was none. MOTION: Ann Garrison moved the Planning Commission continue this request until the regularly scheduled meeting of the Planning Commission on August 1, 1989, at 1 :30 p.m. The continuance is intended to give the applicant an opportunity to complete plans for highway access from the property. Motion seconded by Lynn Brown. The Chairman asked for discussion from the members of the Planning Commission. There was no further discussion. r Summary of the Weld County Planning Commission Meeting June 20, 1989 rage 2 • The Chairman t.sked the secretary to poll the members of the Planning Commission for their decision. Jerry Kiefer - yes; Lynn Brown - yes; LeAnn Reid - yes; Ann Garrison - yes; Bud Halldorson - yes. Motion carried unanimously. CASE NUMBER: Amended USR-478 APPLICANT: Robert and Katherine Johnson Richard and Marcia Charm REQUEST: Site Specific Development Plan and an Amended Special Review permit for a breeding, raising, and training facility for no more than 300 greyhounds. LEGAL DESCRIPTION: Part of the Ni NEi, of Section 35, T1N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3/4 mile north of Weld County Road 2 and west of and ad_acent to Weld County Road 11. Rod Allison reported the staff is recommending this request be continued indefinitely to allow violations of the Weld County Subdivision Regulations and the Weld County Zoning Ordinance to be corrected. At this time, the staff will again publicize the hearing date and renotify the surrounding property owners of the hearing date. The Chairnan asked if anyone in the audience was here specifically to hear this request. There was no one. YOTION: Jerry Kiefer moved the Planning Commission continue this request indefinitely until violations of the Weld County Subdivision Regulations and the Weld County Zoning Ordinance currently existing on the property ore corrected. At this time, the staff will again publicize the hearing date and renotify the surrounding property owners of the hearing date. Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. ro discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jerry Yiefer - yes; Lynn Brown - yes; LeAnn Reid - yes; Ann Garrison - yes; Bud Halldorson - yes. Motion carried unanimously. Summary of the Weld County Planning Commission Meeting June 20, 1989 Page 3 CASE NL2BER: USR-8B1 APPLICANT: Lakeview Village, Incorporated, c/o Bob Kramer REQUEST: A Site Specific Development Plan and a Special Review permit for a recreational facility (private ski lake) located in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE! of Section 13, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 miles north of the Town of Firestone, west of Weld County Road 13, and south of Weld County Road 22. APPEARANCE: rob Kramer. applicant, represented the shareholders. At the present tine, there ate no plans to hold competitive events. The shareholders may occasionally use their campers or tents, but shareholders are limited to sight members and their immediate families. They would like to have the option to increase the shareholders to twelve sometime in the future. They have obtained all necessary permits from the state to construct and fill the ponds. Any water in the lakes will be in excess of water needed for irrigation. Also, at sometime in the future, they will probably apply for a planned unit development on this property. All mufflers on the boats are "wet type" and are very subdued. The Chairman called for discussion from the members of the audience. Bill Kinney, surrounding property owner, stated he objects to this request. Tape 346 - Side 1 It is not aesthetic, the lakes look like industrial pools. Other area residents are also opposed to this. Jerry Nelson. surrounding property owner, reported he is against this request. John Veno, Lot 10, Buffalo Acres, is concerned about environmental factors and increased noise level. If noise and possible health hazards are controlled he has no objections. Larry Abbott, area resident, expressed his concern about the high water table in the area. Minnette Paul, surrounding property owner. agrees with ether concerns expressed by area residents. She is also concerned about contamination of the wells and an increased water table affecting the septic systems. n Summary of the Weld County Planning Commission Meeting June 20, 1989 Page 4 Jack Hill, area resident, is not for or against either side. The Plans have been reviewed and approved by the Army Corps of Engineers and the District 5 Water Court. Judge Behrman has also reviewed and approved the plans. He is merely interested in what is really going on and not hearsay circulating around the neighborhood. Betty Diehl, area property owner, expressed concern about the noise from the boats. Bob Kramer responded to concerns of the area residents. They can only irrigate twelve acres of their property. Tape 346 - Side 2 The lakes have been inspected and approved by all state and federal offices involved in the application process. The Chairman asked Rod Allison to read the recommendation, conditions, and development standards presented by the Department of Planning Services' staff into the record. The Chairman asked Bob Kramer if he had any objections to any of these items. He had no objections. AMENDMENT: Lynn Brown moved Development Standard #6 be amended to read as follows: 6. Fugitive dust shall be confined to this site. The construction site shall be reseeded in grass by June, 1990. Motion seconded by Ann Garrison. 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. Jerry Kiefer - yes; Lynn Brown - yes; LeAnn Reid - yes; Ann Garrison - yes; Bud Halldorson - yes. Motion carried unanimously. Tape 347 - Side 1 Summary of the Weld County Planning Commission Meeting June 20, 1989 Page 5 AMENDMENT: Lynn Brown moved a new Development Standard 13 be added and the following existing standards be renumbered accordingly. 13. Prairie dogs and mosquitos shall be kept to a minimum and not become a public nuisance. Motion seconded by Ann Garrison. 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. Jerry Kiefer - yes; Lynn Brown - yes; LeAnn Reid - yes; Ann Garrison - yes; Bud Halldorson - yes. Motion carried unanimously. AMENDMENT: Jerry Kiefer moved Development Standard #1 be amended to read as follows: 1. The Site Specific Development Plan and Special Review permit is for a recreational ski lake in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. This application is for Lakeview Village, Inc. . a private recreational ski club consisting of not more than twelve shareholders. Motion seconded by Ann Garrison. 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. Jerry Kiefer - yes; Lynn Brown - yes; LeAnn Reid - yes; Ann Garrison - yes; Bud Ealldorson - yes. Motion carried unanimously. NOTICE: 3:40 p.m. LeAnn Reid was excused for the remainder of the meeting. AMENDMENT: Lynn Brown moved Development Standard #7 be amended to residential rather than commercial noise levels as follows: Summary of the Weld County Planning Commission Meeting June 20, 1989 Page 6 7. The maximum permissible noise level shall not exceed the residential limit of 55 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. Motion seconded by Jerry Kiefer. 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. Jerry Kiefer - yes; Lynn Brown - yes; Ann Garrison - no; Bud Halldorson - yes. Motion carried with three voting for and one voting against the motion. MOTION: Lynn Brown roved Case Number CSR-881 for Lakeview Village, Inc. , for a Site Specific Development Plan and a Special Review permit for a recreational facility (private ski lake) located in the Agricultural zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approved based upon the recommendation and conditions 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 Planning Commission. Motion seconded by Ann Garrison. 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. Jerry Kiefer - yes; Lynn Brown - yes; Ann Garrison - yes; Bud P_alldorson - yes. Motion carried unanimously. Additional Business: Chuck Cunliffe, Director. Department of Planning Services presented proposed amendments to Sections 31 , 32, and 47 of the Weld County Zoning Ordinance. The Chairman called for discussion from the members of the audience. There was none. Tape 347 — Side 2 Summary of the Weld County Planning Commission Netting June 20, 1989 Page 7 MOTION: Jerry Kiefer moved the proposed amendments, as presented by the Department of Planning Services' staff, be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the apparent need to update the Weld County Zoning Ordinance and the recommendation of 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. Jerry Kiefer - yes; Lynn Brown - yes; Ann Garrison - yes; Bud Hallderson - yes. Motion carried unanimously. The meeting was adjourned at 4:05 p.m. Respectfully submitted, Bobbie Good Secretary C.. Valleylab June 7, 1989 Va/eylao.Inc 5920 LongCc.v Cnve PO.Box 90'5 Boulder.Co'craao 80307 303 530-2300 Dear Front Range Employer: Want to add an annual event to your employee calendar that's healthy! challenging! environmentally sound! upbeat! ?? Try participating in Bike-to-Work Day, July 26, 1989. The event is a regional effort to help promote employee wellness, safety, and environmental awareness. This is Valleylab's fourth year to participate in a Bike-to-Work Day. We plan to use the same incentives of past years to help employees participate: A Bike-to-work Day T-shirt; a catered breakfast; lively music and a crowd of cheering bicyclists. In years past Valleylab has only competed against companies around the Boulder area. NEW this year is the expansion of the Bike-to- Work Day challenge to include all companies along the Front Range from Pueblo to Ft. Collins. Watch out Colorado! Valleylab now challenges not only Boulder, but the entire Front Range! Regardless of how BIG or SMALL your company is, a winning experience awaits you in Bike-to-Work Day! Sincerely, VALLEYLAB, INC. MI OWL*. Bill Oliver Project Director of Manufacturing Systems cc.. . , . . 1 COLORADO COUNTIES INC. ii June 23, 1989 TO: Bill Kirby, Chairman CCI Transportation Committee FROM: Y1Cki N. Henson�' -Y \- -2--- Transportation Staff-Coordidator-' ' RE: Exchange of Federal & State Funds Proposal I would like to advise you that a proposal has been presented to the Special Highway Committee which would allow for the exchange of federal bridge funds which normally go to local bridges, for a like amount of the states share of the state bridge funds. The net result would be no difference in dollars available for local bridges but would hopefully reduce the costs, time delays and paperwork often associated with using federal bridge funds as compared to state bridge funds. I would like to request that this item be placed on the next Transportation Committee meeting agenda for discussion. The presentation to the Special Highway Committee was made by Mr. Drue Scheltinga of Weld County, as a CARSE sub-committee member. I would like to request that Mr. Scheltinga make a like presentation to the transportation committee. If you have any further questions please give me a call at the CCI Office, 861-4076. cc: Special Highway Committee Members All Transportation Committee Members �y; �y 1177 Grant Street • Denver,Colorado 80203 • (303)86t-4076 • fax(303)861-2818 e wU. 1I_ITi.,, h,I,1JJJ&ul 1 MED C!"_tDecision No. C89-878) JU?: 23 89 70 -'.r7 . . BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO * * * THE APPLICATION OF THE TOWN OF ) FREDERICK TO HAVE CERTAIN AREAS ) DOCKET NO. 89A-266E ADDEO TO ITS CERTIFICATED SERVICE ) ELECTRIC SERVICE AREA IN WELD ) COMMISSION ORDER COUNTY, COLORADO. ) APPROVING APPLICATION June 21 , 1989 STATEMENT. FINDINGS. AND CONCLUSIONS BY THE COMMISSION: 1 . This application was filed on May 8, 1989. Proper notice was issued by the Commission on May 12, 1989. No requests to intervene were filed nor were any protests filed with the Commission. This matter is non-contested and may be considered by the Commission under S 40-6-109(5), C.R.S., and Rule 24 for the Commission's Rules of Practice and Procedures. 2. The Applicant is the Town of Frederick (Frederick), which is a politcial subdivision of the State of Colorado. Frederick owns and operates a municipal electric system within its boundaries. In accordance with an agreement entered into on behalf of Frederick and the Union Rural Electric Association (Union) dated December 8, 1988, Union has agreed to transfer the rights and duties to provide electric service in a parcel of territory generally referred to as the Community of Evanston in Weld County to Frederick. A legal description of the area at issue is attached to the application as Exhibit B and is incorporated into this decision as a description of the area at issue. Approximately 108 consumers may be affected by this change. Notice of the proposed transfer was sent to the affected customers by letter dated April 18, 1989. 3. Frederick is ready, willing, and able to provide the electric service needed for the area at issue. 4. Attached to the application are the proposed rates to be charged by Frederick, which are four percent less than those presently charged the affected customers. However, the rates proposed vary from those provided by Frederick within the town limits and, therefore, are subject to Commission review and approval in accordance with S 40-3.5-102, C.R.S. Frederick states that the reason the rates vary is because it cannot provide identical rates without incurring substantial A, ^�-�' losses because its wholesale rates for this area are higher than those for service within the town limits. 5. Approval of the application is in the public interest and is in compliance with appropriate statutory requirements. The exchange is required by the public's convenience and necessity. THEREFQRE THFk COMMISSION ORDERS THAT: 1 . The application filed in Docket No. 89A-266E is approved. 2. Union Rural Electric Association shall transfer the property at issue in this application more fully described in Appendix A to this Decision to the Town of Frederick for the provision of electric service. 3. The area described in Appendix A shall be deleted from the area served by Union Rural Electric Association, and shall be added to the territory served by the Town of Frederick. 4. The Town of Frederick and Union Rural Electric Association shall file new service area maps and legal descriptions for their respective certificated areas with the Commission within 60 days from the effective date of this Decision. 5. The proposed rates attached to the application as Exhibit F are just and reasonable and shall become effective on less than one day's notice. The appropriate tariff sheets shall be filed within ten days with the Commission for administrative purposes. This Decision is effective immediately. DONE IN OPEN MEETING 3une 21 , 1989. Is L F laTHE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO osnoh ARNOLD H. COCK ` A a-^' RONALD L. LEHR Ste o 44 - tt GARY L. NAKARAOO env: 4 � Commissioners may y 9. Sole (Anglin Sere 7 1096n/td/srs 2 T • • 1.r,�.. ,� .• .. 51-ATE OF COLORADO DEPARTMENT Of SOCIAL SERVICES —., .'" 1575 Sherman Streeter r' _ +5 Denver,Colorado 60205.1714 Phone(303) 866.5700 e74 Roy Romer Governor Irene M. Ibarra Executive Director July 1 , 1989 To: Boards of County Commissioners Councils of Governments and Regional Planning Commissions Dear Colleagues: The Colorado Department of Social Services is charged with designating areas of the state to serve as planning and service areas (PSAs) for the operation of the Older Americans Act programs. Based on rules passed by the State Board of Social Services, these designations must be made by the State on or before February 15, 1990, and would be effective for a four—year period beginning January 1 , 1991 . The rules also allow local areas to make requests of the State for PSA designation. These requests must be submitted to this Department between July 1 , and December 31 , 1989. For your information and use I have attached material describing in more detail the procedures and criteria for PSA designation. Please call Lu Horner, Older Americans Division Director at (303) 866-5911 or Virgina Bedford. Community Program Specialist at (303) 866-5907, if you have questions on this matter. Sincerely, /I Irene M. Ibarra Executive Director cc: CCOA members AAA Directors k b 43A0 V it • • Procedures and Criteria for Planning and Service Areas Page 1 Procedures & Criteria for Designation of Planning and Service Areas for Colorado's Older Americans Act Program The following document details the process. deadlines. and other information concerning the designation of planning and service areas (PSAs) for aging programs authorized under the Older Americans Act (OAA). The document is organized by addressing thirteen questions concerning the criteria and procedures for PSA designation. These questions are: 1. What is a PSA? Page 1 2. What are the minimum and maximum size criteria? Page 1 3. What are the deadlines for this process. and when do Page 1 PSAs become effective? 4. What are the current PSAs. and what is their relation Page 2 to this process? 5. Nhat is the relationship between a PSA and an AAA? Page 3 6. Who may make requests for PSA designation? Page 3 7. Who decides the actual PSA boundaries? Page 4 8. What happens if a local county or group of Page 4 counties fails to make a request for PSA designation? 9. What happens if a local county or group of Page 4 counties requests PSA designation. but is denied that designation by the State? 10. What criteria will the State use in making PSA Page 5 designations? 11 . How does PSA designation affect the allocation Page 5 of Older Americans Act Funds? 12. What format should be used for a PSA Page 6 designation request? 13. Where may we receive additional information Page 6 and assistance? The deadline for applications for PSA designation is December 31 , 1989 Procedures and Criteria for Planning and Service Areas Page 2 1 . What is a PSA? A planning and service area (PSA) is a geographic area of a State that is designated for purposes of planning, development, delivery and overall administration of services under an area plan. The State must designate PSAs sufficient to encompass the entire state. As required by the Older Americans Act, the State must consider several factors in making its designation of PSAs. Included are: The geographic distribution of individuals aged 60 and older in the State, the incidence of the need for supportive services, nutrition services, multipurpose senior centers, and legal services, the distribution of older individuals who have low incomes residing in such areas, the distribution of resources available to provide such services or centers, the boundaries of existing areas within the State which were drawn for the planning or administration of supportive services programs, the location of units of general purpose local government within the State, and any other relevant factors. Section 305(a)(1)(E) The State policies incorporating these requirements are found in Attachment A, Section 10.210 A of the Social Services Staff Manual , Volume 10. 2. What are the Minimum and Maximum Size Criteria? State rules promulgated by the Colorado Department of Social Services, as adopted by the State Board in August. 1985, specify the size criteria for PSA designation. Attachment A contains these rules as found in Social Services Staff Manual , Volume 10, Section 10.210 B. In brief, these rules allow as a minimum size: (a) One county, if it has a general population of at least 100,000; or (b) A "planning and management region" of any size as designated by the Governor in 1972; or (c) Any PSA that was in existence on October 1 . 1985. (d) Any combination of the above. The only restriction on a maximum size is that Colorado must have more than one PSA (i .e. : we are precluded by the Older Americans Act from designating one statewide PSA). Procedures and Criteria for Planning and Service Areas Page 3 3. What are the Deadlines_for this Process and when do PSAs become Effectivg? The following deadlines are set for the PSA designation. Since PSA and AAA (Area Agency on Aging) designation are closely related, those relevant deadlines are also noted. July 1 , 1989 thru Dec. 31 , 1989 - Due date for the local applications for PSA designation. February 15, 1990 - Deadline for decisions by the State for PSA designation. The Department must consult with the Colorado Commission on Aging prior to making its final decisions. March 31 , 1990 — Due date for applications from local agencies within each designated PSA to serve as the AAA. June 30, 1990 — Deadline for decisions by the State on AAA designation. October 1 , 1990 — Average due date for the submittal of the four—year plan of the AAA for the period beginning January 1 , 1995. The State may continue a staggered scheduling of due dates arranged individually with AAAs. January 1 , 1991 — Effective date for new or continued PSA and AAA designation for a four-year period and implementation of the four-year area plan. July 1 . 1993 - December 31 , 1994 - Next opportunity to request modifications or continuance of PSA designation, to be effective January 1 , 1995. 4. What are the current P$As and what ij their relation to the process? Attachment B contains a map of the PSAs that are now in existence. Colorado has had the same 15 PSA since 1979. During the mid-1970s, the original 9 PSAs went through a series of separate splits to reach the current 15. Five of the current PSAs have remained intact since PSAs were first established in 1973-74. All current PSAs meet the minimum size criteria specified in Volume 10. They are therefore eligible to seek a continuance of their designation, or to seek modifications based on the criteria outlined in question #2. Procedures and Criteria for Planning and Service Areas Page 4 For example, two or more current PSAs could request to be consolidated in larger PSAs that meet the minimum PSA criteria, and therefore these counties are eligible to seek PSA designation alone or with one or more adjoining counties. To assure that their preferences will be considered, all current PSAs are encouraged to submit an application for continuance or modification of the PSA according to the format prescribed in Attachment E. If the State's final decisions are to continue the current PSA boundaries for any or all PSAs, this will be expressed as a continuance of the PSA designation for the next four-year period. If the State's final decisions are to change the current PSA boundaries for any or all PSAs (i .e. : consolidations or splits), this will expressed as a new PSA designation for the next four-year period. 5. What is .the relationship bttween a PSA and an AAA? A PSA is a geographical area of the state. An AAA (Area Agency on Aging) is an agency that is designated to serve the PSA. As defined in section 1321 .3 of the November 29, 1987 Federal Regulations an Area Agency is an agency designated by the State agency in a planning and service area to develop and administer the area plan for a comprehensive and coordinated system of services for older persons. Each PSA must have an AAA. The AAA must be a qualified agency that is located within the PSA. Following the decisions on PSA designation, the State will issue guidelines for the application and designation of an AAA within each PSA. Only one agency may serve as the AAA for a PSA, and that agency must serve the entire PSA. If a current AAA is selected to serve as the AAA of a "maintained" PSA, the designation of that AAA will be expressed as a maintenance of the designation for another four-year period. If a new agency is selected for a maintained PSA, that will mean a new_ Osignatior of the AAA. If a new PSA is formed -- either by consolidations or splits -- a nem desianation of an AAA will be required. This will be the case even if the designated agency is currently serving as an AAA for a current PSA. In summary, although they are separate processes and entities, PSA designation is closely related to AAA designation. Therefore, those requesting either continuance or modification in PSA boundaries should be fully cognizant that an agency will need to be selected to serve as the AAA for the PSA. That agency must have the local support and administrative capacity necessary to meet the requirements of an AAA that are defined in the Older Americans Act, its regulations, and Volume 10 of the State Social Services Policy Manual . A full copy of each of these documents is available at the local AAA office, or at Aging and Adult Services, Colorado Department of Social Services. A listing of current AAAs is attached as Appendix C. The criteria, and qualifications, for AAA designation are included in Attachment A, Sections 10.215 A, B and C. Policies on general responsibilities and organizational structure are also in Attachment A. 10.300, 10.302, 10.305. 1 Procedures and Criteria for Planning and Service Areas Page 5 6. Who may make requests for PSA designation? As it is noted in Attachment A, Section 10.210 (C)(2), requests or proposals for PSA designation may be made by the State agency itself or by local agencies at the local level . These local agencies include: any unit of general purpose local government, any regional council or planning body (i .e. : Councils of Government - COGs - or Regional Planning Commissions - RPCs), a metropolitan area. or an Indian Reservation. Because the state policies in Volume 10 have limited PSAs to one or more counties, and do not allow a municipality which is less than a county to be designated as a PSA, we are stipulating that local requests for PSA designation should come from County government, or from COGs. RPCs, or other associations of local governments speaking on behalf of their members. While we cannot by law prohibit a request from a non-county unit of local government, it would require a change in state policies in Volume 10 to actually consider or grant such a sub-county designation. The request form that is attached to this material , therefore, is to be completed by the Board of County Commissioners, or by a multi-county regional body acting on behalf of and with the consent of its member local governments. Because of the representative responsibility of local government. we are not considering requests that come from other non-governmental local agencies, organizations or individuals. Such local entities should direct their concerns and interests to their local elected officials. It is important to note, however, that the support of such non-governmental entities may be a factor in the state's decisions on designation. In particular, we are interested in the views of older persons as expressed through such organizations as county or multi-county councils on aging. 7. Who decides the actual PSA boundaries? The Executive Director of the Colorado Department of Social Services has the final decision making authority for the State. The Director's decision must be within the rules established by the federal government and the State Board of Social Services. One part of those State rules is that the Director must consult with and seek the advice of the Colorado Commission on Aging prior to making final decisions. Question #9 addresses local appeal options if an application for PSA designation is denied. B. What haooens if a local county or group of counties fails to make or tone included in a request for PSA designation? The State Agency must assure that all areas of the state are included within a PSA. Therefore, the Executive Director will determine the PSA for any county or counties that have not made a request for PSA Procedures and Criteria for Planning and Service Areas Page 6 designation. If possible, the State will consult with that county or counties prior to making a decision. 9. What haooens if a local county or aroun of counties requests SA designation. but is denied that de ianation by the State? The State has the authority and responsibility to designate PSAs. A request for PSA designation does not necessarily mean that the request will be approved, even if the county or counties meet the minimum size criteria for PSA designation. Federal and state rules do provide the right of an applicant to a hearing if its request for PSA designation is denied. The first level of hearing is at the State Agency level . If the State reaffirms its decision to deny the application, an appeal may be made to the U.S. Commissioner on Aging. Rights and procedures for such hearings and appeal are found in State Policy Manual Volume 10. Section 10.802(e), and in the Code of Federal Regulations, Section 45 CFR 1321 .47 of the Older Americans Act regulations. Section 10.802(e) is included in Attachment A. 10. What criteria will the State use in making PSA designations? The criteria the State will utilize in making its decisions on PSA designation may be grouped under three broad categories: (a) Does the area seeking PSA designation meet applicable federal and state laws and regulations? (b) Is the PSA designation likely a result in the maintenance or enhancement of an effective and efficient delivery of services to older persons? (c) Are the elected officials, older persons, and other key organizations and individuals within the proposed PSA supportive of PSA designation? The attached format for PSA application provides a more specific outline of the items to be covered under these criteria. Particularly in the case of a proposed change from the current PSA structure, the state may choose to request more detailed information, conduct a public hearing in the proposed PSA, or take other actions that will enable the State to make as objective and informed a decision as possible. A PSA that has been in existence since October 1 , 1985 may apply for re-designation by completing criteria on page 27. 11 . How does PSA designation affect the allocation of Olde Americans Act Funds? Title III of the Older Americans Act is distributed to the AAA within each PSA according to an intra—state allocation formula. Colorado annually receives approximately $6 million on a statewide basis. Our funding formula has the following parts: Procedures and Criteria for Planning and Service Areas Page 7 (a) An allocation of $40,000 to each PSA in existence on October. 1985. If those PSAs are consolidated into a larger PSA, the $40,000 allocation of each PSA will be brought into the expanded new PSA's allocation. For example, if PSA X and PSA Y merge together, the resultant new PSA would have $80,000. If a current PSA splits, the $40,000 allocated to that PSA will likewise be split. The exact amount going to each of the new smaller PSAs is based on the share of the population factors noted in (c) below that each new PSA has. The net result of this $40,000 allocation to current PSAs is to provide a potential financial incentive for PSA consolidation, and to remove a financial incentive for PSA splits. (b) An assurance, or "floor", of $135,000 to each PSA. This "floor" comes into effect for two of our current PSAs who do not achieve at least $135.000 when (a) and (c) are applied. Sufficient dollars are reallocated on a ratio basis from the allocations to all other PSAs to assure the floor level . (c) Aside from the factors in (a) and (b). all other funds are allocated according to special population factors. Each region receives its share of the dollars based on the weighted percentage of that region's population to the State as a whole to regard to the following demographic categories: 60+ Population - 40% weight 75+ Population 15% weight 60+ Below Poverty Level - 15% weight 60+ Minority - 15% weight 60+ Rural - 15% weight The allocation for FY 89 for each of the current AAAs is attached as Attachment D. Attachment D also includes State policies governing the formula, and local match requirements (10.410, 10.411 , 10.412, 10.413). Should you require more detailed information, contact your AAA or Aging and Adult Services. 12. What format should be used for a PSA designation reauest? Attachment E contains the format and questioi;s to be addressed in the application for PSA designation. 13. Where may we receive additional information and assistance? For additional information, or requests for assistance on this matter, you may contact any of the following sources: <a) Your local AAA (see Attachment C). (b) The Field Administrator from the State Department for your area (see Attachment F). (c) Aging and Adult Services, Lu Horner, Older Americans Division Director, or Virginia Bedford, Community Program Specialist 866-5907. Procedures and Criteria for Planning and Service Areas Page 8 ATTACHMENTS A. Volume 10 PSA and AAA Designation Policies. B. Map of current 15 PSAs. C. Names/Addresses/Phone of Current AAAs. D. 1989 Allocation Formula, and Volume 10 Policies on Allocations. E. PSA Application, and fund use and restrictions. F. List of Field Administrators. Procedures and Criteria for Planning and Service Areas Page 9 ATTACHMENT A 10.210 OFSI$NATION OF PLANNING AND SERVICE AREAS A. The state agency shall divide the state into planning and service areas (PSAs) considering the following factors: 1 . Geographical distribution of individuals aged 60 and older, including those with the greatest social and economic need; 2. The incidence of need for supportive and nutrition services, multi-purpose senior centers, in-home, legal and other services; 3. The distribution of resources available to provide such services and centers; 4. The boundaries of existing planning and service areas within the state; 5. The location and jurisdiction of local units of general purpose government; and 6. The views of public officials of the local units of general purpose government. 8. Effective October 1 , 1986, an area of the state may be designated as a planning and service area only if such area meets at least one of the following specifications: 1 . One county of 100,000 or more general population; or a combination of contiguous counties which includes one county within a general population of 100,000 or more, provided the counties remaining in the planning and service area which originally included the applicant county(ies) are contiguous. and that at least one of the remaining counties has a population of 100,000 or more. 2. One county with a general population of 100,000 or more or a combination of contiguous counties which includes at least one county with a general population of 100,000 or more, provided any county with a general population of less than 100,000 in the planning and service area that originally included the applicant county or counties will be incorporated into a new planning and service area that is contiguous with it. Procedures and Criteria for Planning and Service Areas Page 10 ATTACHMENT A (continued) 3. One planning and management region as established by executive order Of the governor on November 17, 1972; or any combination of two or more planning and management regions that are contiguous. 4. One or more planning and management regions as described in paragraph 3 above combined with one or more counties that are contiguous to the planning and management regions(s). Such planning and service area shall be designated by the state only if the planning and service area that originally included the contiguous county or counties also included a county of 100,000 or more population that has been designated a PSA under paragraph 2 above. 5. Any planning and service areas in existence on October 1 , 1985. C. The following procedures shall be utilized by the state agency for establishing or modifying planning and service areas. 1 . Planning and service areas shall be established by the state agency for a period of four years, beginning January 1 of the first year of the four-year planning cycle. 2. Requests for PSA establishment or modifications may be proposed by the state agency or may be made to the state agency by any unit of general purpose local government, any region within the state recognized for area wide planning, a metropolitan area, or an Indian reservation. 3. Proposals or requests for PSA establishment or modification for the four-year period beginning January 1 , 1991 shall be submitted to the state agency on or before December 31 , 1989, in a format prescribed by the state agency. 4. Applications or state agency proposals for PSA modification for four-year planning cycles succeeding the cycle beginning January 1 , 1987 shall be submitted to the state agency no earlier than July 1 , and no later than December 31 , of the third year of the four-year planning cycle. 5. If any county in the state is not covered within the proposed PSAs which are requested by local governments, or if any of the requests do not meet the criteria established in this staff manual , the state agency shall ensure that such counties are included within a contiguous and adjacent PSA. Procedures and Criteria for Planning and Service Areas Page 11 ATTACHMENT A (continued) D. Approval or Denial of PSA Designation: 1 . Approval or denial of an application for designation of a planning and service area shall be made by the EXECUTIVE DIRECTOR of the STATE AGENCY, after consideration of the recommendations of the Colorado Commission on Aging. The EXECUTIVE DIRECTOR'S decision will be transmitted to the unit or units of county governments in writing by February 15 of the fourth year of the four year planning cycle. 2. A notice of denial shall include the notice of the right to a hearing by the state agency and to appeal to the U.S. Commissioner of the Administration on Aging, Washington, D.C. Refer to Section 10.802 E. for procedures of appeal of state agency decisions on planning and service areas. 3. Applications or state agency proposals for PSA modification for four—year planning cycles succeeding the cycle beginning January 1, 1987 shall be submitted to the state agency no earlier than July 1 , and no later than December 31 , of the third year of the four-year planning cycle. 4. If any county in the state is not covered within the proposed PSAs which are requested by local governments, or if any of the requests do not meet the criteria established in this staff manual , the state agency shall ensure that such counties are included within a contiguous and adjacent PSA. 10.215 DESIGNATIQN 0 AREA AGEN0IES 9N AGING A. The EXECUTIVE DIRECTOR of the STATE AGENCY shall designate a public or private non-profit agency or any separate organization within such an agency as the area agency on aging in each planning and service area. • 1 . Preference shall be given to an established office of aging which is operating within the designated planning and service area; and 2. Whenever the boundaries of a PSA and the boundaries of a unit of county government are continuous, and that unit meets the requirements of this section, the state agency shall give the right of first refusal for designation to that unit of county government. Procedures and Criteria for Planning and Service Areas Page 12 ATTACHMENT A (continued) B. Area Agency on Agency Designation Criteria — An applicant for area agency on aging designation must provide written documentation in a format prescribed by the state of its ability to meet the following requirements: 1 . Is an eligible applicant as defined in Sec. 10.305: 2. Has the staffing, financial resources, and general administrative experience and capacity to meet the requirements of an area agency on aging as defined in this staff manual : and 3. Has the ability and capacity to develop an area plan and to carry out, directly or through contractual or other arrangements, a program in accordance with that plan within the planning and service area. C. Area Agency on Aging Designation Time Period shall be: 1 . Area agencies on aging shall be designated by the state agency for one four—year planning cycle. 2. The state agency may automatically renew this designation for an additional four—year cycle if the following criteria are met: (a) The PSA has not changed: and (b) The agency has consistently and effectively carried out its responsibilities as an area agency on aging as defined in this staff manual . 3. The state agency shall automatically open the process for area agency designation to new applicants if, between July 1 and December 31 of the third year of the four year planning cycle. 50% of the counties in the planning and service area submit a written request that the state agency do so. Such request shall include a statement of the reasons for the request. 4. Agencies or organizations meeting the requirements as set forth in this section shall submit applications for area agency designation on a format supplied by the state agency no later than March 31 of the fourth year of the four-year' planning cycle. The EXECUTIVE DIRECTOR OF THE STATE AGENCY shall inform all applicants in writing of his selection of the area agency no later than June 30 of the fourth year of the four year planning cycle. Procedures and Criteria for Planning and Service Areas Page 13 ATTACHMENT A (continued) 5. The state agency shall open the process of area agency designation within each PSA on or before February 15 of the third year. Agencies or organizations meeting the requirements as set forth in this section shall submit applications for area agency designation on a format supplied by the state director of the state agency no later than March 31 . The EXECUTIVE DIRECTOR of the STATE AGENCY shall inform all applicants in writing of his selection of the area agency no later than June 30 of the third year. 10.300 INTRODUCTION This chapter sets forth the policies and procedures for the operation of area agencies on aging (herein referred to as area agencies) which are the single organizational unit with delegated authority for Older Americans Act programs within each designated planning and service area. In addition, this section identifies area agency function and responsibilities under area plans. 10.302 GENERAL RESPONSIBILUIES The responsibilities of the area agency shall include but not be limited to the following: A. Develop and maintain an organizational structure to effectively administer Older American Act programs and responsibilities. B. Develop and annually update the area plan to meet the needs of the older persons as identified by the area agency. C. Administer the area plan in accordance with fiscal and programmatic requirements stated in this staff manual and the area agency's policy and procedures manual . D. Coordinate the development and utilization of resources for the planning and delivery of services in order to develop a comprehensive and coordinated system of services for older persons within the PSA. E. Provide leadership and advocacy for older persons within the PSA, including the monitoring and evaluating of actions and issues which affect older persons within'the PSA. Procedures and Criteria for Planning and Service Areas Page 14 ATTACHMENT A (continued) 10.305 ORGANIZATIQNAL STRUCTURE Rev. A. The agency designated by the state to function as the area eff. agency within a specific planning and service area shall be: 2/1/89 1 . An office or agency recommended by the chief elected official or officials of one or units of county government to act only as an area agency on aging for such unit or units; or 2. An office or agency or a unit of county government which has been recommended by the chief elected official or officials of such unit to function only as the area agency on aging; or 3. Any other public or non-profit private agency or any separate organizational unit within such agency which has the ability to and will engage only in the planning, program development, advocacy, coordination, implementation and administration of a broad range of supportive services to older persons within the planning and service area. Rev. B. The organizational structure of the state designated area eff. agency shall be either : 2/1/89 1 . An agency whose single purpose is to administer programs for older persons; or 2. A separate organizational unit within a multi-purpose agency which functions only for purposes of serving as the area agency on aging. Procedures and Criteria for Planning and Service Areas Page 1S ATTACHMENT B Current AAA/PSA Map Procedures and Criteria for Planning and Service Areas Page 16 ATTACHMENT C CQLORADO AREP AGENCIES ON AGING REGION 1 Northeastern Colorado Association Phone: 867-9409 of Local Government 231 Main Street, Suite 211 Fort Morgan, Colorado 80701 Thomas Shumate, AAA Director 2-A Larimer County Area Agency on Aging Phone: 221-7440 Larimer County Department of Human Development 525 West Oak Fort Collins, Colorado 80524 Susan Pedersen, AAA Director 2-B Weld County Area Agency on Aging Phone: 353-3816 Weld County Health Department Building 1551 North 17th Avenue P.O. Box 1805 Greeley, Colorado 80632 Linda Piper, AAA Director 3 Aging Services Division Phone: 455-1000 2480 West 26th Avenue, Suite 2!10B Denver, Colorado 80211 Susan Cockings Aldridge, AAA Director 4 Pikes Peak Area Agency on Aging (PPACG) Phone: (719) 471-7080 27 East Vermijo Colorado Springs. Colorado 80903 Jeremy Huffman, AAA Director 5 East Central Council of Governments Phone: (719) 348-5562 Post Office Box 28 Stratton, Colorado 80836 Terry Blevins, AAA Director 6 Lower Arkansas Valley Area Agency Phone: (719) 384-8166 on Aging Otero County Courthouse Post Office Box 494 La Junta, Colorado 81050 Lynn Graves, AAA Director Procedures and Criteria for Planning and Service Areas Page 17 ATTACHMENT C (continued) 7 Pueblo Area Agency on Aging Phone: (719) 544-4307 1 City Hall Place Pueblo, Colorado 81003 Jane Fugate, AAA Director 8 South-Central Colorado Seniors, Inc. Phone: (719) 589-4511 512 Ross Post Office Box 420 Alamosa, Colorado 81101 Bill Baker, AAA Director 9 San Juan Basin Area Agency Phone: 259-1967 on Aging, Inc. 649 Sixth Street Durango, Colorado 81301 Charles Speno, AAA Director 10 Region 10 League for Economic Phone: 249-2436 Assistance and Planning Drawer 849 Montrose, Colorado 81402 Stan Broome, AAA Director 11 Associated Governments of Northwest Phone: 625-1723 Colorado Post Office Box 351 Rifle, Colorado 81650 Dave Norman, AAA Director 12. Skyline Six Area Agency on Aging Phone: 668-5445 Post Office Box 739 Frisco. Colorado 80443 Linda Venturoni , AAA Director 13 Upper Arkansas Area Agency on Aging Phone: (719) 539-3341 1310 East Rainbow Boulevard. #17 . Salida, Colorado 81201 Caren Huggins, AAA Director 14 Huerfano/Las Animas Area Agency Phone: (719) 846-4401 Agency on Aging Courthouse, Room 201 Trinidad, Colorado 81003 Walter Degurse, AAA Director Procedures and Criteria for Planning and Service Areas Page 18 ATTACHMENT D 10.410 ALLOTMENT OF TITLEJII. . PARTS B AND C FUNDS The federal award of Title III funds shall be distributed as follows: l A. State agency administration. The state agency shall deduct its allotment for state administration before the allocations for the state long term care ombudsman program and the area agencies are determined. B. a agancv adminis r e supplement. The state agency may in addition to its allotment under A above retain three—fourths of one percent of the Title III, Parts 8 and C awards as a supplement to administer the state plan. Prior to the retention of such funds, the state must: 1 . Consult with and obtain the approval of the Colorado Commission on Aging; and the approval of the State Board of Social Services. 2. Receive written approval of the Commissioner of the Administration on Aging. C. State long term care ombudsman. The minimum allotment of federal funds to the state's long term care ombudsman program must equal $20,000 or one percent (1%) of the Part B award received by the state, whichever is greater. Additional Older Americans Act funds may supplement the above if it is deemed necessary to operate an effective program. D. Area agency awards. After the allotments for state administration and the long term care ombudsman program have been deducted from the Title III, B and C awards, the remaining federal funds awarded for the fiscal years 1986 through 1990 shall be distributed in accordance with the allocation formula set forth below. 1 . Each area agency on aging shall receive an allocation based upon the composition of its planning and service area with respect to Planning and Management Regions (PMR) as indicated below: a. Forty-thousand dollars ($40.000.00) consisting of Part B, Part C-I and Part C-2 funds in the same percentage as received by the state shall be allocated for each Procedures and Criteria for Planning and Service Areas Page 19 ATTACHMENT D (continued) PMR within the planning and service area. for example, if a planning and service area is composed of two planning and management regions, its PMR allocation would be $80,000.00. b. If a planning and service area includes or consists of a geographic area that is part of a PMR, the allocation to the geographic area that is part of a PMR would be determined by the ratio of the total of the weighted five population factors specified in paragraph 4 below pertaining to it to the total of the weighted five population factors for the entire PMR of which it is a part, multiplied by $40,000. 2. a. For the purposes of the allocation formula, each planning and service area in existence on July 1 , 1985 shall be considered a PMR and shall be entitled to the $40,000 PMR allocation. b. For the purposes of the allocation formula a planning and service area designated after January 1 , 1986 that includes as part of its area a previously designated planning and service area in existence on October 1 , 1985, whose funding level was determined by the prescribed minimum of $135,000 specified in paragraph 3 below, shall not receive less than $135,000 for the part of its area congruent with such former planning and service area. c. No funding for planning and service area shall fail below a minimum level of $135,000 regardless of how that region's funding level relates to the other factors in the formula. d. After assuring the minimum PSA funding of $135,000 and the PMR allocations, the remaining Title III funds shall be distributed to the area agencies according to the allocation ratios. Five population factors -- 60 plus, 75 plus, rural 60 plus, minority 60 plus and below poverty level 60 plus with each factor weighted equally at 15 percent except for the general population 60 plus factor which is weighted at 40 percent -- shall be utilized in the calculation of the allocation ratios. Procedures and Criteria for Planning and Service Areas Page 20 ATTACHMENT D (continued) e. The most recent population statistics for each of the five factors specified in paragraph 4 above as determined by the state demographer's office, that are available on the first day of August preceding the Federal fiscal year starting on October 1 , shall be utilized in the allocation formula. 10.411 COST-_SHARInuati S R C AND D A. Area plan administration - The non-federal share of the cost of administering the area plan shall not be less than twenty-five percent (25%) of the total costs incurred for area plan administration during the grant period. The non—federal share shall be from local (non—state) sources and may be cash or in—kind contributions. B. Supportive and nutrition services - The non-federal share of the cost of providing supportive and nutrition services shall not be less than fifteen percent (15%) of the net costs incurred (total costs less Parts B and D program income) for the provision of all such services during the grant period. Services funded with Part D Funds are considered to be supportive services. 1 . The state share of this cost, which is met by funds appropriated by the Colorado General Assembly, shall be at least five cents (50) for each eighty—five cents (850) of federal funds expended. 2. The local (non-state) share of this cost shall not be less than ten percent (10%) and may be cash or in-kind contributions. The state agency shall not require that each subgrantee or contractor meet the minimum ten percent (10%) local match requirement; but rather that the net costs of all supportive and nutrition services provided under the area plan during the grant period when taken together contain a local cost sharing component of not less than ten percent (10%). 10.412 TRANS ER OF F3)NDS A. Statewide transfers between Title III, 8 and C. awards or between C-i and C-2 awards shall not exceed twenty-nine percent in FY 86 and thirty percent in FY 87 and succeeding years of any one funding category unless the state agency requests and receives written approval from the U.S. Commissioner of the Administration of Aging. Procedures and Criteria for Planning and Service Areas Page 21 ATTACHMENT D (continued) B. Allowable twenty-nine and thirty percent transfers indicated in paragraph A above are as follows: - From Part 8 to Part C-1 and/or Part C-2 - From Part C-1 and/or Part C-2 to Part B - From Part C-1 to Part C-2 - From Part C-2 to Part C-1 C. The state agency may initiate transfers up to twenty-nine percent in FY 86 or thirty percent in FY 87 and succeeding years of Part B or Part C funds to another part. The state agency must notify area agencies of its intent to transfer such funds at least 120 days before the beginning of the grant year. Prior to the beginning of the grant year, the state agency shall present to the Colorado Commission on Aging, for its review and advice, the state agency's proposal to transfer funds. At least one public hearing on the funds transfer shall be held, which may be in conjunction with a Colorado Commission on Aging meeting. 0. An area agency may propose to transfer funds between the categories specified on 10.412 B above by recording such transfer in the appropriate area plan fiscal exhibit and justifying and supporting the proposed transfer(s) as specified in Section 10.332 G. The proposed transfer by an area agency of funds from one category to another is subject to the approval of the state agency. E. Funds may not be transferred into or out of part D. RESTRICTIONS ON USE OF FUNDS A. Funds shall only be used to support programs that further the objectives of the Older Americans Act. With the exception of the funds allowed for area plan administration, Part B funds shall only be expended for the provision of supportive services and senior centers; Part C-1 funds shall only be expended for the provision of congregate nutrition meals and other nutrition services; Part C-2 funds shall only be expended for the provision of home-delivered meals and other nutrition services, and Part 0 funds shall only be expended for the provision of in-home services for frail older persons. Procedures and Criteria for Planning and Service Areas Page 22 ATTACHMENT D (continued) B. Area agencies shall insure that federal funds will not be used to replace non—federal funds, and that efforts to obtain support from private sources and other public organizations will be continued. C. Each area agency shall indicate, in the prescribed fiscal exhibits of the area plan, how it proposes to expend its allotment of Title III funds subject to the following restrictions: 1 . The budgeting of funds for area plan administration shall not exceed 10 percent of its total allocation of Title III, Parts B and C federal funds. 2. Part B Funds shall not be budgeted for Advocacy Coordination or Program Development unless 10 percent of the federal allocation of Title III funds has been budgeted for area plan administration. 3. The total amount of Part B federal and state funds that may be budgeted and expended for Advocacy, Coordination, and Program Development activities shall not exceed 3.5% of the total award of Title III, Parts B, C and D federal and state funds. The area agency's budget and expenditures for Long Term Care Advocacy are not included in the 3.5% limit, and expenditures for those activities may be expended from Part B service funds without regard to this limitation. 4. The proposed expenditure of Part B service funds for the area agency functions of Advocacy, Coordination and Program Development must be described in detail in the budget explanation and justification exhibit of the area plan. 5. Program income generated by Part C-1 and Part C-2 may only be used to expand the number of meals provided, to facilitate access to such meals, or to provide other supportive services directly related to nutrition services. Refer to 10.362 for support services directly related to nutrition services. Added 6. The following minimum percentages of the annual Part B grant eff. award issued to an area agency and assigned to each 2/1/89 required priority service listed below must be expended during the grant year. a. Access Services 25 percent b. In Home Services ___LE__ percent c. Legal Assistance 3 percent Procedures and Criteria for Planning and Service Areas Page 23 ATTACHMENT D (continued) B. Area agencies shall insure that federal funds will not be used to replace non-federal funds, and that efforts to obtain support from private sources and other public organizations will be continued. C. Each area agency shall indicate, in the prescribed fiscal rhibits of the area plan, how it proposes to expend its allotment of Title III funds subject to the following restrictions: 1 . The budgeting of funds for area plan administration shall not exceed 10 percent of its total allocation of Title III. Parts B and C federal funds. 2. Part B Funds shall not be budgeted for Advocacy Coordination or Program Development unless 10 percent of the federal allocation of Title III funds has been budgeted for area plan administration. 3. The total amount of Part B federal and state funds that may be budgeted and expended for Advocacy. Coordination, and Program Development activities shall not exceed 3.5% of the total award of Title III, Parts B, C and D federal and state funds. The area agency's budget and expenditures for Long Term Care Advocacy are not included in the 3.5% limit, and expenditures for those activities may be expended from Part B service funds without regard to this limitation. 4. The proposed expenditure of Part 8 service funds for the area agency functions of Advocacy, Coordination and Program Development must be described in detail in the budget explanation and justification exhibit of the area plan. 5. Program income generated by Part C-1 and Part C-2 may only be used to expand the number of meals provided, to facilitate access to such meals, or to provide other supportive services directly related to nutrition services. Refer to 10.362 for support services directly related to nutrition services. Added 6. The following minimum percentages of the annual Part B grant eff. award issued to an area agency and assigned to each 2/1/89 required priority service listed below must be expended during the grant year. a. Access Services 25 percent b. In Home Services ,15 percent c. Legal Assistance _3 percent Procedures and Criteria for Planning and Service Areas Page 24 ATTACHMENT 0 (continued) Rev. 7. The state agency may waive the requirement to spend the eff. prescribed minimum percentage of its Part B required grant 2/1/89 award for any of the above specified required priority services provided the area agency can demonstrate as provided in Section 10.351 that the service is already available in the planning and service area and meets the needs of the elderly. Rev. 8. An adequate portion of Title ITT. , Part B funds must be eff. budgeted and expended for Long Term Care Ombudsman 2/1/89 services. 1989 • Procedures adn Criteria for Planning and Service Areas Page 25 7) ▪ sec .,- ONN t-c —Mm amen O40M p ✓ y- YO mine. N+V OO— OV G V00..c. P. r`• • NCC•p -a . MYY +O•p CNC N yy m C. 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Ni ^N ..NM veto NV•+ P Co.--p p Ac d C •g V% NNv pNN N C-- ., ti•NV• V+ d0N• n •acre• •.•AM M ~ M a • _ ir b_ y SP my MMM NM MMM MMM M M — A—GO M VV 3 .4i . yy wJ i NApA�� rGyye� KKoK KKK pp Sp Hc.N KKK KKK K P gpTOp - dHM 0. N NPN N.O'.tlN 0 P J frMp NPp .t NOP ' V ` F .O0 --- vdi+ •00+ _ K ` y MO Kea" !Kara.— KKK Nv.N +N^ g V� W KY p C p r o r+ 4 N j e Fwf C + O 0 2 K in W� V p Mma ry 5 Y a " A a.y v tl 4. V K {.a V V W S 2 V • •r .0 E y r M u r.C TC s O a y /Q r u C ' ]O •� N O .2 X.Y 04 w S�N MOK i_L Lr� y p OV« « Y N +N HMN •0/KO p.-Y K. r A 0 4 P el Procedures and Criteria for Planning and Service Areas Page 26 ATTACHMENT E Apo ication Format for lannina and Service Area Designation introduction: The applicant for PSA designation must be either a unit of local government or an association of local governments, as defined in question #6 of the attached PSA designation criteria and procedures document. As such, the application must be signed by the chief elected official or officials for that unit or association of local governments. The application may take the form of a letter or other application package. It must include information or assurances addressing each of the following points. If the application is for a modification of the current PSA configuration, applicants must submit adequate information to enable the State to make an informed decision. Criterta for New or Modified PSA Designation: 1 . Define the geographic area to be included in the requested PSA. List the county or counties that are to be included. This area must meet the minimum size criteria listed in 10.210 B of State Policy Manual Volume 10. (See Attachment A.) 2. Provide a written statement assuring that the area understands and will be able to meet the financial matching responsibilities for operation of the Older Americans Act. The required match is 25% on AAA administrative funds and 10% on service funds. Identify the sources of the cash and/or in-kind resources that will be used to meet this requirement. 3. Provide a written statement indicating the ability to locate an agency in the PSA that has the administrative capability to carry out the responsibilities of an AAA as defined in the Older Americans Act and the Volume 10 State Policy Manual . 4. The goal of the Older Americans Act is the development of a comprehensive and coordinated system of services and opportunities for older persons. Describe how the requested PSA designation will assist in meeting this goal . If the request is for a modification of the current PSA designation, discuss how and/or why the proposed new PSA will enhance the achievement of this goal . 5. Provide a statement of support for the requested PSA from the Board(s) of County Commissioners in the county or counties to be Procedures and Criteria for Planning and Service Areas Page 27 ATTACHMENT E (continued) included in the PSA. This may also be a statement from a council or association of governments acting with the consent of their member units. 6. Indicate and/or attach the views of others within the PSA on the requested PSA designation. Include: - County and (if applicable) multi—county councils on aging. ▪ Other organizations of older persons, service recipients, comments from any public hearings, service recipients, comments from any public hearings, service providing agencies, etc. - Other units of local governments within the proposed PSA. 7. If the request is for a change in PSA designation, address whether and how the change will result in a more effective and efficient administration of the programs authorized by the Older Americans Act. 8. If the request is for a new PSA to be created out of a split of a current PSA, address how inter-county and inter-agency coordination and cooperation will be maintained or improved. 9. If the request is for a new PSA resulting from either a split or a consolidation, address the reason or reasons for this proposed change. Criterja For Ex sting PSA Re-dejianatioi The State Agency may renew an existing designation for an additional 4 year cycle if the following criteria are met: 1 . The receipt of a letter requesting continuation and support of the existing PSA which is signed by Board(s) of County Commissioners. Regional Planing Council , COG or association of local governments. 2. A written statement verifying no change in status of the AAA has occurred during the previous four year cycle. 3. A letter of support for the existing AAA signed by the Board(s) of Commissioners and the Regional Planning Council , COG, or association of local governments. Procedures and Criteria for Planning and Service Areas Page 28 ATTACHMENT E (continued) 4. A written statement is provided which indicates the ability to locate an agency in the PSA that has the administrative capacity to carry out the responsibilities of an AAA as defined by the Older Americans Act and the Volume 10 State Policy Manual . 5. A written statement is provided which assures that the PSA understands and will be able to meet the financial matching responsibilities for operation of the Older American Act. Submit the above between July 1 , 1989 and December 31 , 1989 to: Rita Barreras Colorado Department of Social Services 1575 Sherman Denver, Colorado 80203 • Procedures and Criteria for Planning and Service Areas Page 29 ATTACHMENT F FIELD STAFF DISTRICTS BOSIER, Earl PERKINS. Thomas J. 1575 Sherman Street, Floor 8 926 Waverly Drive Denver, CO 80203-1714 Pueblo West, CO 81007 866-5500 719-547-3545 Adams Jefferson Cnaffee Pueolo Douglas Region 3 AAA Custer Teller Elbert El Paso Region 4 AAA Fremont Region 7 AAA Park Region 13 AAA DAURIO, John RAYMAN, Paul 2613 Park Lake Ct. . #4 14863 60.00 Road Ft. Collins, CO 80525-2425 Montrose, CO 81401 226-8604 249-3090 Boulder Weld Delta Montrose Clear Creek Region 2-A AAA Eagle Ouray Gilpin Region 2-B AAA Garfield Pitkin Larimer Gunnison San Miguel Hinsdale Region 10 AAA Mesa Region 11 AAA FELDMAN, Andy ROBBIE, Kenneth C. (K.C.) 1575 Sherman Street. Floor 8 1780 Redwood Avenue Denver, CO 80203-1714 Boulder, CO 80302 866-5500 442-1780 Grano Rio Blanco Cheyenne SecgwicK Jackson Routt Kit Carson Washington Lake Summit Lincoln Yuma Moffat Region 12 AAA Logan Region 1 AAA Morgan Region 5 AAA Phillips GRAHAM, Thomas SANTlSTEVAN. Celestino P.O. Box 1027 P.O. Box 1117 Cortez, CO 81321 La Junta. CO 81050 555-6087 7'9-384-220c Alamosa Montezuma Baca .as Anima; Archuleta Rio Grande Bent Otero Cone3os Saguache Crowley Prowers Costilla San Juan Huerfano Region 6 AAA Dolores Region 8 AAA Kiowa Region 14 AAA La Plata Region 9 AAA Mineral HUFFMAN, Elaine 1575 Sherman Street, Floor 8 Denver, CO 8020'3-1714 866-5500 Arapahoe Region 3 AAA Denver STATE OF COLORADO DEPARTMENT OF HIGHWAYS f.. Q, 4201 East Arkansas Ave. ,; +:n�pffC`',_ Denver,Colorado 80222(303) 757-9011 `�C �B MEMORANDUM ��`��' DATE: June 21, 1989 TO: The Chairman of the Board of County Commissioners City Managers or Clerks PROM: Linda Waldman, Director Office of Public and rn ergovernmental Relations " j r" SUBJECT: Tourist Oriented Directional Signs The Colorado Department of Highways is in the process of promulgating rules and regulations for the implementation of Tourist Oriented Directional Signs (TODS) in the state. Temporary emergency rules are scheduled to be adopted June 30, 1989, and will apply to unincorporated areas of counties and municipalities of 5,000 or less. Permanent rules will be effective in the fall of 1989. It is important that local governments are aware of the TODS program. By statute, local governments are required to authorize kr resolution the implementation of TODS within their jurisdiction before the Department can install a sign in that area. The Department will not consider any applications before the TODS program has been authorized by the local government. Resolutions should be returned to Linda Waldman, Colorado Department of Highways, 4201 East Arkansas Avenue. Room 240, Denver, CO. 80222. Copies of the emergency rules will be made available to any local government upon request after June 30. Please contact the Department at 303-757-9228 if you would like to receive a copy. Enclosed please find a copy of the signed legislation along with some additional TODS information. rt.\� ^ 1989 SENATE BILL NO. 91. BY SENATORS Pastore, McCormick, Allard, Bishop, Brandon, DeNier, Gallagher. Groff, Hopper. McCauley, Meiklejohn, Peterson, Rizzuto. Sandoval , Tebedo, Trujillo, Wattenberg. and Winkler; also REPRESENTATIVES Chlouber, Arveschoug, Bond, DeHerrera, Dyer. Entz, Fish, Foster, P. Hernandez, Jerke. Johnson, Masson, Neale, Pierson. Rupert, Tanner, Trujillo, Webb, and S. Williams. CONCERNING THE IMPLEMENTATION BY THE STATE DEPARTMENT OF HIGHWAYS OF FEDERAL RULES AND REGULATIONS GOVERNING TOURIST-ORIENTED DIRECTIONAL SIGNS. Be it enacted l the General Assembly of the State of Colorado: SECTION 1. 43-1-420. Colorado Revised Statutes, 1984 Repl. Vol.. as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 43-1-420. Specific information signs authorized. (3) The department may issue permits and adopt rules and regulations for the erection, administration, and maintenance of tourist-oriented directional signs within highway rights-of-way not on the interstate system, freeways, or expressways, as such highways are defined in such rules and regulations. for the display of information of interest to the traveling public pursuant to the federal authority therefor as set forth in 23 U.S.L. secs. 109(d), 315, and 402(a); 49 CFR 1.48(b); and in accordance with federal requirements. Any L ; P_]t tourist-oriented directional sign erected pursuant to t is su sec _ion (3) shall be requ red to Comply with aTTapplicaTTh .\ V;" ' i' (+ ,r - 7�= requ fai ions of��+e coui t,city and' county, or munid parity in which such s3gnis located. A county, city and county, or i r �` municipality may choose to authorize such signs within its it' � jurisdiction by adoption of a resolution to that effect by the governing bodyA of that county`,`cfty and_county,___or Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. municipality, which resolution shall be directed to the executive director of the department or his designee. Upon receipt ofr such resolution, the department s}iall authorize further implementation of the tourist-oriented directional sign program within the affected jurisdiction subject to the rules and regulations adopted by the department. Notwithstanding the provisions of subsection (2) of this section. the department may contract with private businesses to implement all or part of the tourist-oriented directional sign program authorized by this subsection (3) if it is determined by the department that such private businesses can perform that function at a lower cost than the department. SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. _tilted( Mill�.1 641 t ed�and Carl B. Bledsoe PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES J n M Albi Lee . hrych SECRETARY OF CHIEF CLERK OF T HOUSE THE SENATE OF REPRESENTATIVES APPROVED Aflo c74/,'rp 457.:17,0!001L Ro r G RNOR OF THE STATE OF COLORADO PAGE 2-SENATE BILL NO. 91 WELD Highway �, p. 4, Jq CLE;;c Colorado Department of Highways • '.• +.;E n • 4201 E. Arkansas Ave. Denver, CO. 8022 For More Information: 757-9228 #89-25 JUNE 22, 1989 CONSTRUCTION BIDDING ACTIVITY FOR JUNG 22 CEFR 27-0034-03 REPAVING IN WASHINGTON COUNTY Mil(NS) 99-4000-15 Resurfacing U.S. 34 between Akron and Otis in Washington county, which includes grading, hot bituminous and concrete pavement, drainage, striping, plant mixed seal coat, and curb and gutter, combined with a machine patching project on U.S. 34, S.H. 61 and S.H. 63 at various locations. Number of Bidders: Five (5) Apparently successful bidder: $1,868,663 from Sterling Paving Company of Fort Collins Calls for completion: 80 working days Preconstruction Project Manager: George R. Rowe Resident engineer: L.D. Muller, Sterling MR 7400(16) TWO LOCATIONS IN GRAND JUs$ION Minor widening in Grand Junction at two locations, which includes grading, aggregate base course, hot bituminous pavement, drainage, curb and gutter, sidewalk and striping, located on Orchard Avenue beginning at 29 Road and extending half a mile east, also located on 29 1/2 Road beginning at North Avenue and extending half a mile north, in Mesa county. This project will be readvertised--because" there were fewer than three bidders and the low bid was more than two percent over the engineers' estimate - Colorado Revised Statute, section 43-1-111(8.5), C.R.S., as amended. BIDS TO BE OPIN® ADD: JULY 6s 9:00 a.m. . Resurfacing, which includes heating and scarifying and hot bituminous pavement overlay, on Interstate 25, beginning one mile north of Trinidad and extending about 3.8 miles northerly, in Las Animas county, MP 05-0025-07. 9:15 a.m. . Hot bituminous overlay on Interstate 25, S.H. 105, S.H. 83 and S.H. 94 at various locations near Monument and Colorado Springs, in El Paso and Douglas counties, MP(ES) 99-2000-31. ,1;00 a.m. . Resurfacing Interstate 25, U.S. 50B, and U.S. 50C at various locations near Pueblo, which includes hot bituminous pavement overlay, MP(ES) 99-2000-32. (over) Kr‘Pa.-4)1"-Psf‘ja(°H3A9 Highway News Page 2 BIDS TO BE OPENED CONTINUED 11:15 a.m., Resurfacing which includes hot bituminous pavement overlay, located on U.S. 160 and S.H. 389 at various locations near Kim and Branson, in Las Animas county, MP(ES) 99-2000-33. 11:30 a.m.. Resurfacing on various state highways near Fowler, La Junta, Las Animas, Rocky Ford, Sugar City, Manzanola, and Kim, which includes hot bituminous pavement overlay, MP(ES) 99-2000-35. 11:45 a.m,. Thermoplastic pavement striping on S.H. 83 (Academy Blvd.) in Colorado Springs, beginning at the entrance to Pikes Peak Community College and extending about 15.4 miles north, in El Paso county, MP 99-2000-21. Ate:. JULY 13. ,1,0:15 a.m.. Combined safety work and tunnel lighting projects, both include guardrail and signals. The first is located on U.S. 6 beginning at Tunnel t5, about 2 1/2 miles east of the junction with I-70 and ending at Tunnel t3, FC 006-1(52). The second project is located on S.H. 119 beginning at tho junction of U.S. 6 and extends five tenths of a mile northerly, in Clear Creek and Gilpin counties, SR 0119(36) A0:30 a.m.. Three combined project in Boulder, Jefferson, and Gilpin counties which include resurfacing and safety work. 1. Machine patching and striping, located on S.H. 72, beginning about two miles west of the junction of S.N. 93 and extending 16.6 miles to the junction of S.H. 119 and continuing two tenths of a mile north and south on S.H. 119, MP(ES) 99-1000-22. 2. Safety work and striping on S.H. 74 beginning about one mile east of Evergreen and extending about 7.4 miles easterly, HES 0001(35). 3. Striping and safety work on S.H. 82 beginning about two miles west of the junction with S.M. 93 and extending about 16.5 miles west to the junction of S.H. 119. HES 0001(36). 10:45 a.m., Safety work which includes guardrail, located at twelve locations in and around Evergreen, in Jefferson county, MC 7300(2). CONTRACTS AWARDED Road/ Bid Contract Pro ect Street Description Awarded to Opening Awarded HOS 0006(38) Garrison St. Raised median Colorado Seal & 5/25/89 6/12/89 in Lakewood & safety work Stripe, Inc. $79.895 Award Coals DBE 10% Committed DBE 75% (more) Highway News Page 3 CONTRACTS AWARDED Road/ Bid Contract Malta Street Description Awarded tp . enin Awarded HOS 0006(37) Arapahoe Rd. Signalization Colorado Signal 5/25/89 6/5/89 at Yosemite St. Company south of Denver $11,821 Award Goals DBE 157E Committed DBE 38.66% CX 12-0036-20 Boulder Turn-• Sound barrier Cat Construction, 5/25/89 6/15/89 FCU 036-1(36) pike between fence Inc. Zuni S $474,620 Broadway Award Coals DBE 9% Committed DBE 100% FR 040-2(24) U.S. 40 at Channeling Mendez 5/25/89 6/15/89 S.H. 14 Excavation Muddy Pass $441,671 SET-ASIDE CX 01-0030-03 Hampden Ave./ Resurfacing The Brannan Sand 6/1/89 6/15/89 Havana St. Sr Gravel Co. in south- $724,828 eastern Denver Award Coals DBE 0 WEE 9% Committed DBE .94% WBE .55% IKM-M 1115(15) Kipling St. New road ST Construction, 6/1/89 6/12/89 near 58th construction Inc. Ave. 6 $2,059,570 Ralston Rd. Award Coals in Arvada DBE 12% Committed DBE 19.30% MP 99-6000-40 Denver area, Thermoplastic Kolbe Striping, 6/15/89 6/20/89 various pavement Inc. counties marking $195,394 Zero Coals To: Board of Directors a. From: John B. Wooster, Ed. . Executive Director • Re: Background Material June, 1989 Date: June 23, 1989 Enclosed with the agenda is the last item of preparation for the Board meeting: The proposed working budget . Following are the assumptions upon which it was built . I . INCOME: o The increase in State and Federal funding predicated on the rates given by the Division. o New money for Targeted Case Management . o Decrease in 99-457 funds to level indicated by School Districts and Boces . + o New income to maintain the Interagency Clinic management function. o No new income that will require new expenditures (deinstitutionalization, new slots, Language Enrichment Preschool ) i. l. EXPENDITURES: • o Continued current staff at current salary levels o Did not replace Director of Childrens ' Services or one therapist who has resigned. o Three staff increased -- two Residential and one Case Management . o 5% overall increase in salary effective 10/1 o Annualized taxes, benefits, occupancy, and operating expenses to current level . o Increased purchase of service agencies by at least the amount of increase from the state. OINL ti-en cot,S 89 Following is the combined budget recommendation for the entire agency with reference to the current year . 88-89 88-89 89-90 BUDGET AC /EST. BUDGET VARIMYCE PER CENT INCOME STATE BASIC 1 , 909.511 1 , 912 , 177 2,014,507 102,330 5.4% STATE RESIDENTIAL 8,418 9,618 10,511 893 10.6% MEDICAID WAIVER 859,699 856,232 985,676 129,444 15. 1% CLIENT FEES 215.490 210,450 223,080 12,630 5.9% GRANTS/RESTRICTED 154 .577 156 .551 189, 188 32,637 21 . 1% CONTRACT SERVICES 165,794 187 ,974 115,000 -72,974 -44 .0% C. WAY/COUNTY 141 ,605 140,204 147 .783 7 .579 5.4% LOCAL OTHER 42, 635 20.562 19.552 -1 . 010 -2.4% TOTAL INCOME 3,497,729 3,493,768 3,705,297 211,529 6.0% EXPENDITURES SALARIES 1 .624,274 1 ,630,476 1 ,731 ,663 101 ,187 6.2% CLIENT SALARIES 12,500 16,500 16,000 -500 -4.0% BENEFITS/TAXES 292, 174 307 ,571 317 ,873 10,302 3 .5% SUPPLIES 89,605 92,125 94,244 2,119 2.2% OCCUPANCY 290,692 308,889 314,752 5,863 2.0% OPERATING 169,552 167,353 172,903 5,550 3.3% PURCHASED SERVICES 1 ,018, 932 970,441 1 ,052,695 82.254 8. 1% CASH EXPENSES 3,497,729 3,493,355 3,700,129 206,774 5.9% Following is the detailed budget recommendation by cost center with indication of gain or loss on each center . 1989-90 MOILING BUDGET TOTALS ADIIN C(1 CIILDIBN ADULT I1$IDENTIAL TRANS INCOME STATE BASIC 2,014,507 177,601 141,174 293,647 1,126,819 275,266 STATE RES 10,511 10,511 MED NAY 925,676 121,312 48,692 75,972 665,968 13,732 CLIENT 1-9 223,080 223,080 ECIA 70,115 70,115 HUD 55,956 55,956 INTERAGENCY 40,000 40,000 REM 3,000 3,000 FAMILY IESDUI 23,117 23,117 U MAY 72,554 7,256 6,572 23,007 17,011 12,094 6,615 VELD COUNTY 75,229 48,779 26,450 INT 7,500 7,500 RENT VAC 7,052 1,052 SPEECH LANGUAGE 8,000 6,000 BEAD STAR? 10,000 10,000 A[8 3,000 3,000 DIST 6 (9 -457) 16,000 46,000 SOLES ( 3.457) 28,000 28,000 50! (99-457) 19;""" 19,100 uueATI0NS TARGETED CASE IAN 60,000 60,000 TOTAL INCOME 3,705,297 374,500 219,555 535,769 1,225,802 967,609 322,161 IXPENDITD[ES SALARIES 1,731,663 241,775 195,962 445,761 385,474 452,048 10,643 CLIENT 16,000 16,000 SUS-TOTALS 8,47,663 241,775 195,162 445,761 411,474 452,141 10,143 9EALTI/117E 135,195 11,565 10,937 39,510 36,933 26,250 RETIREMENT 17,768 4,100 6,385 2,325 4,258 DISABILITY 4,849 677 549 1,248 1,079 1,266 30 TOTAL 81117175 151,[12 11,042 11,416 47,143 41,331 41,774 30 FICA 131,562 18,157 14,717 33,477 30,151 33,949 1,112 UNEMPLOY 13,985 1,934 1,568 3,566 3,212 3,616 89 NM COMP 14,513 2,007 1,626 3,700 3,332 3,752 96 TOTAL TAXES 160,061 12,198 17,911 40,743 36,695 41,317 1,297 -i; r • .Y GENEIAL SUPP. 10,596 2,012 1,100 2,684 2,100 2,400 DEPARTMENTAL 12,82E 100 7,500 2,400 2,122 OFFICE 13,026 2,156 2,870 2,700 2,000 3,300 FOOD 57,100 5,800 2,000 50,000 TOTAL SUPPLIES 94,211 1,261 3,970 18,614 8,100 5[,522 RENT 151,111 3,375 10,412 144,321 UTILITIES 47,189 1,872 1,872 16,611 9,021 17,807 MAINTENANCE 26,045 2,000 2,827 6,500 9,192 5,526 MAINTENANCE DIS. 4,225 500 500 1,000 1,725 500 INSULANU[ 11,158 3,061 982 1,852 3,810 LICENSING 650 500 100 PLOP TAX 2,106 448 421 171 4,690 PLOP INTEREST 58,166 5,012 5,012 18,541 18,514 SO 263 TOT. OCCUPANCY 314,752 13,396 11,614 50,912 53,744 11,156 WAILS 11,750 1,550 1,800 3,000 2,400 185,016 FEINTING 1,000 1,000 t6FE[ENCE 1,500 1,500 3,000 DUES 8,300 8,300 INSEIFICE 19,433 2,000 2,000 4,000 4,400 AMOET Of LOAN 2,140 2,140 ACCOUNTING 7,700 7,700 7,033 AUDIT 8,500 8,500 A CAL LEASE 3,351 3,351 GAS OIL 1,398 1,30D ?SCE. PALS 1,500 1,500 MINIONS 20,192 2,466 3,978 2,078 2,078 3,098 CLIENT TIANSPO[T. 11,100 600 4,500 POSTAGE 7,067 1,300 1,399 3,04D 600 9,592 MILEAGE 30,416 3,100 6,500 7,116 3,000 6,000 MAID IILATED 3,000 3,000 121 , INTEREST 125 125 10,000 t?': AUZILLAIT 3,000 3,000 p. LLISU[[ 950 150 LAUNDLT/CLEAN 1,911 1,981 FAMILY [ESOULCE 18,000 18,000 IESPITE CALF 1,500 7,510 SUB-TOTAL 172,103 51,332 35,771 19,931 16,97E 11,112 ` ,4t YJ: A1S [ENT OTT FOOD 3,200 7,500 f BOBAN LESOOtCIS 295,600 295,100 PAW? 1,001 1,001 COONTZY Y!HH 22,001 22,010 CITY OP GttritY 11,148 11,118 SCBABPtt WAS 421,315 421,375 BOOLDtt UT 151,04➢ 151,049 ZLDUUGARDEN 5,411 5,411 PCA 153,212 TOTAL POICHASE 1,152,695 1 1 0 511,135 133,212 334,444 TOTAL CASH UP. 3,700,129 344,911 276,720 123,241 1,142,143 961,171 346,611 CASH tRY/UIP 5,161 25,51➢ 2,135 -41,176 12,429 5,137 -21,555 TOT tRY/11P -56,132 21,313 -1,117 -110,271 64,423 -9,163 -25,211 AGENDA of a Regular Meeting of the Board of Directors of the CENTENNIAL DEVELOPMENTAL SERVICES, INC_ EVANS, COLORADO JUNE 30, 1989 Board Room - Early Childhood Center 3815 St. Vrain 8:00 AM I . PRELIMINARY A. CALL TO ORDER: Dennis Gay ROUTINE B. ROLL CALL: Connie Garza-Martinez ROUTINE Margo Barnhart ^ Betty Lee �. Denise Boyer _ Colleen Otto Don Cummins Dale Peterson Rebecca Enrico Karl Schmidli �— Dennis Gay Laura Schmidli George Kennedy Lynn Thompson ` j John Martin _ W. Irl Todd Eugene McKenna Number Present Number Absent _ C. APPROVAL OF AGENDA: Dennis Gay ACTION r,- D. MINUTES: The minutes of regular meeting of the Board of Directors of May 26, 1989 are presented for approval . Connie Garza-Martinez ACTION CDSI BOARD AGENDA JUNE 30, 1989 Page 2 E. FINANCIAL REPORT: The Financial Report and Cash Flow Report through 5/31/89 are presented for approval . Nancie Golightly ACTION II . HEARING OF PERSONS DESIRING TO SPEAK TO AN ITEM ON THE AGENDA III . CONSENT AGENDA A. FOLLOW ALONG: A resolution increasing our line of credit at Cache National Bank to $50,000 for the month of July, 1989, to anticipate probable cash flow problems. B. GRANT:A resolution authorizing staff to submit a grant to Rehabilitation Services for staff to provide supported employment services to adults with multiple disabilities. Tohn W 'ter ACTION IV. SPECIAL ITEMS QR_ANNOUNCEMENTS • A. FRIENDS: A report on the quilt raffle conducted by the Friends of CDSI will be given. Trudy Roberts INFORMATION B. PLAYGROUND GRANT: We have received a grant for the playground at the Early Childhood Center. Trudy Roberts INFORMATION V. AMINISTRATION A. 1989-90 WORK PLAN: Preliminary adoption of the goals and objectives will be recommended. John Wooster ACTION CDSI BOARD AGENDA JUNE 30, 1989 Page 3 B. 1989-90 BUDGET: The Board will be asked to adopt the 1989-90 working budget and authorize submission of the figures to both Weld County and the United Way. John Wooster ACTION • V I . PROGRA GIATJ C A. SUMMER CAMP: A report on the summer day camp will be given. John Wooster INFORMATION VII . PERSONNEL A. POLICIES: Sections 15.6 through 15. 10 of the policy manual have been revised. The policies are presented for approval . John Wooster ACTION B. EXECUTIVE DIRECTOR: Evaluation of the Executive Director will be conducted in Executive Session. Dennis Gay ACTION VIII . HEARING OF PERSONS DESIRING TO SPEAX TO AN ITEM NOT ON Tug AGENDA IX. ADJMEMENT r C ••n 4 at-. •' ••- O W a s m ••• I a 0 s1 g - •♦err • ' Y Or •• r r r r r r •l ....I- • wI SSE - aF o_; .. It f Y,•ak ✓M • 0' 0 .• ... ... I� ~71I rn�, S 's' C r r Moon'w n' I o '�� •�• 0 1w CO. M 1' G o - _ _ 1 a al � 7: M A ' w r a I $ ..1 i ala 7►. 1 ' A A „i I ma m a .Tw I O 4-. - •Soil .., - O rA•n • 1 l_—.J O •t �a al.. _.. e+ -�X1, w .-1 ma .11 M N ONi 01 II u P N O P 0 O u,• 'n P O a N N - PI Se Sp• p 5 r C ��b} y. W N N • 0 O u.: OR }rn ^ ' K Y.. •O N '0 N 0 N. ►' a Al A N ' t M • • S • ., 7 r t A:.... 0 - v a, C - N �N , w.• + w a .1 V w •I 111 O r r' / •••` - •• • • 0 O Oi i.•1 c - N view Y O O •! " i T Y..a. 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C. • a•• - .O•: . . . . . � . s r Zz ., +. ( • -w .. 0 PP P PNN ♦ 0 ♦d«N S ♦'O m p r;,��' N W Pa o. VNW P O .•v W.As V.I Z� w 8 ar' 4 . Ya . . • P P M N N. *woo P N. ^'2 Z •.I, IX w. II I 1 I 1 ! I I I n 1 W .w_. _ -'-_ __ - ___ ""'___ _. _ __ ...1---1O . , . . Denver, Colorado i; ^• r� 06/20/89 Mountain Bell • TO - _r A US WEST coMPANY • NOTICE cr CLAIM County Commissioner of WELD COUNTY I .O. Box 758 GREELEY, CO 80632 RE: Our Damage Claim: 1093400 This Notice is tendered Pursuant to the 'Colorado Governmental Immunity Act, ' C.R.S. 1973, 24.10-109. Thank you in advance for your prompt attention and concern. 1 . NAME AND ADDRESS OF CLAIMANT. The name and address of the claimant is Mountain States Telephone and Telegraph Company, Area Claims Office, 1999 Broadway, Room 1510, Denver, Colorado 80202. 2. STATEMENT OF BASIS OF CLAIM. On or about 05/30/89, in the vicinity of 27800 RD 46, in the City of LA SALLE, and the State of Colorado; one or mare of sour employees or agents acting within the scope of their employment damaged a 3 PAIR EXCHANGE CABLE owned by the claimant. Your employees or agents caused said damage during culvert excavation , a cable location was not requested. 3. STATEMENT OF NATURE AND EXTENT DF INJURY. As a result of the above described damage, the claimant has sustained financial damage as a result of having to employ its men and machinery to repair the damage . 4. AMOUNT OF DAMAGE. The amount of monetary damage is $212. 17. Should you have any questions or disagree with our assessment of damages, please contact the undersigned. Dave R. Johnson �X U S West Communications Area Claims 1999i99 Broadway, Room 1510 ly AfftQI /Akgo! Denver, Colorado 80202 Phone 1-800-333-RISK(7475) I. ,';, •r 303-623-6886 • MINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT June 22, 1989 A regular meeting of the Weld County Board of Adjustment was held on Thursday, June 22, 1989, in the County Commissioners' Hearin Room 41101 , _ g ( ) 915 Tenth Street, Greeley, Colorado. The meeting was called to order at 3:45 p.m. by the chairman, Paul Allen. Tape 59 - Side 1 ROLL CALL: James Adams Present Raymond Mora Present Dennis Gesterling Present Ed Dolan Present Donald Mason Absent - Telephoned Bob Sorensen Absent - telephoned Kirk Schweitzer Present Barry Sullivan Present Paul Allen Present ASSOCIATE MEMBERS: Sidney Walker Present Dianne Hajec Absent — Full Board David Woronoff Present A quorum and a full board was present. Also present: Lanell Curry, Current planner, Lee Morrison, Assistant County Attorney, and Bobbie Geed, Secretary. The minutes of the last regular meeting of the Weld County Board of Adjustment held on April 27, 1989, were approved as distributed. CASE NUMBER: BOA-948 APPLICANT: Carolyn 0. Anderson, c/o John P. Donley REQUEST: Appeal Administrative Decision LEGAL DESCRIPTION: Part of Lot 4 and part of Lot 5, Dos Rios Subdivision, Weld County, Colorado LOCATION: Approximately 1 .5 miles south of the City of Greeley The Chairman asked Lanell Curry read the request of the applicant into the record. The request is for a guest house in the R-1 (Low Density Residential) zone district. rW � Le' O'O I Minutes of the Weld County Board of Adjustment June 22, 1989 Page 2 APPEARANCE: John P. Donley, attorney, and now husband of Carolyn Anderson. The Planning staff reviewed their request and felt, accoraing to the Weld County Zoning Ordinance, it would constitute a single family residence. The way he sees t, it is an extension of a dwelling. There will be less than five hundred square feet. There will be a bathroom and a kitchenette. If they built a covered walkway from the house to the guest house, it would be an extension of their current residence and would be in compliance. This, however, would not be aesthetic and would trap scow and debris. Between the two of them, they have nine children, parents, and several brothers and sisters. Five children still live at home. The guest house would only be used to accommodate out-of-town guests on a temporary basis. Tape 59 - Side 2 NOTICE: Because of a possible conflict of interest, David Woronoff excused himself from participating in a decision and has stepped down from the Board. Lee Morrison explained it would be possible for Mr. Donley to make a deed restriction to insure temporary use of the guest house. The Board of Adjustment cannot grant this request and make allowances. They can only decide if the decision made by the staff was right. Mr. Donley stated he would issue an affidavit for a deed restriction which would be filed with the title. This way the guesthouse would never be allowed to have permanent residents. - -- The Chairman called for discussion from the members of the audience. There was none. The Chairman asked Lanell Curry to read the recommendation of the Department of Planning Services' staff into the record. Lee Morrison read Section 1207, Subsection B of the Uniform Building Code, 1988 Edition, pertaining to the definition of a dwelling into the record. MOTION: Jim Adams moved we approve BOA-948 based on the testimony heard by the Board of Adjustment. Motion seconded by Raymond Nora. The Chairman called for discussion from the members of the Ford of Adjustment. Discussion followed concerning the definition of a dwelling unit, temporary structure, and the intent of the zoning ordinance. Minutes of the Weld County Board of Adjustment June 22, 1989 Page 3 , t The Chairman asked the secretary to poll the members of the Board of Adjustment for their decision. -Lee Morrison asked the Board to keep in mind a yes vote is in favor of the 11 appeal (Mr. Donley's position) and a no vote favors the staff's position. Dennis Gestorling - no; Raymond Mora - yes: Barry Sullivan - No, however, he can understand the wants and the needs of the applicant, but because of the definition of a single family dwelling he has to say no. James Adams - yes; rd Bolan - No, for the same reasons given by Barry. fork Schweitzer - no; Sidney Walker - yes; Paul Allen - yes. Motion is a tie vote with four voting for and fcur voting against the applicant's request. Therefore, the notion is denied. The meeting was adjourned at L:4G p.m. Respectfully submitted, Cd Bobbie Good Secretary • BEFORE THE WELD COUNTY, COLORADO BOARD OF ADJUSTMENT MOTION TO GRANT OR DENY APPEAL Case No. BOA-948 June 22, 1989 APPEAL OF Carolyn 0. Anderson, c/o John P. Donley Address: Five—pos Rios, eeley, CO 80634 Moved by '\ ;14,4.,.. /.17.'L4 /.17 r ,/ that the following resolution lae introduced for passage by the Weld County Board of Adjustment: Be it resolved by the Weld County Board of Adjustment that the appeal of Carolyn 0. Anderson, c/o John P. Donley, to appeal an administrative decision made in the course of the administration and enforcement of the provisions of Sections 32.2.2 and 32.2.3 of the Weld County Zoning Ordinance. The property on which the appeal has been requested is described as part of Lot 4 and part of Lot 5. Dos Rios Subdivision. Weld County, Colorado. be granted risse2B for the following reasons: Based on the testimony heard by the Beard of Adjustment. Motion seconded by �L Vote: For Granting of Appeal For Denial of Appeal � i ��Aibv..,ee� wl_ yVl/o g" // /J!/& _ . Vv, •• De2089 7 'ELEPHONE STATE OF COLORADO ?03 ) 866-2371 c::_' :' DIVISION OF PPOPERTY TAXATION DEPARTMENT OCAL AFFr'PC. 419 STATE CENTENNIAL BUIu•ING UENVER. COLORADO -,0203 ^'TERMINATION IN THE MATTER CF THE APPLICATION OF; Greeley Transitional House. Inc. APPLICATION NO. 37-437 1202 6th Street FILE NO, 52-01-428-(01) Greeley, CO 80031 COUNTY weld FOR EXEMPTION FROM GENERAL TAXATION OF PROPERTY CLAIMED TO RE OWNED AND USED SOLELY AND EXCLUSIVELY FOR STRICTLY CHARITABLE PURPOSES. DESCRIPTION OF PROPERTY; E1/2 Lot 1 , Block 33. City of Greeley - 50:. PERSONAL PROPERTY IS INCLUDED. AND IS GRANTED/DENIED EXEMPTION IN THE SAME PERCENTAGE AS THE REAL PROPERTY. LEASED PERSONAL PROPERTY IS NOT INCLUDED. THE ADMINISTRATOR, HAVING REVIEWED THE APPLICATION AS PROVIDED IN COLORADO REVISED STATUTES, TITLE 39, ARTICLE 2, SECTION 117, HAS DETERMINED THAT SUCH EXEMPTION IS JUSTIFIED AND IN ACCORDANCE WITH THE INTENT OF THE LAW, AND EXEMPTION IS HEREBY GRANTED. THE SAME TO BE EFFECTIVE July 27, 1987. THE BALANCE OF THE PROPERTY IS REFERRED TO THE COUNTY FOR EXEMPTION. DATED AT DENVER, COLORADO THIS _23rd DAY OF June ,.T . 19 _89 Yfl j74/11 ( MARY ANNE MAURER ROPERTY TAX ADMINISTRATOR (SEE REVERSE FOR APPEAL RIGHTS) (COPIES TO OWNER. ASSESSOR. TREASURER AND BOARD OF COUNTY COMMISSIONERS) sorter 4F RIGHTS AN0 RE5P' NSIBTLTTlE5 • Ri6NT TO APPEAL Colorado Revised Statutes 1973, Title 39, Article 2, Sec 117 (5) provides, ea appeal from any decision of the Property Tax Administrator may be taken by the, Board of County Commissioners of the county wherein such property is Touted. or by any owner of taxable property in such county, or by the owner of the property for which exemption is claimed if exemption has been denied or revoked In full or in part. Any such appeal shall be taken to the Board of Assessment Appeals, and shall be taken no later than thirty days following the decision of the Property Tax Administrator.' Forms and instroctions.for making such appeal may be obtained from the Board of Assessment Appeals, Department of Local Affairs, 420 State Centennial Building, 1311 Sherman Street, Denver, CD 80203. Telephone (303) 866-5250.=.';';, - RESPONSIBILITIES OF THE Finn PROPERTY OWNER Owners of property granted exemption by this office mast do the following to ._ maintain their property's exemption from taxation: I. Notify this office withi&L thirty days of any change of mailing address, or status or usage of the exempted 'rooerty (i.e.. lad has been sold and/or vacated and is no 1anoir tse^c-" Property transferred by deed will be retuned to tee tax r s :r the county assessor. : II. Each year following the year in which exemption is granted. ownen of such exempt property mast file an annual Exact 'root .� Report on or before April 13. These reports are supplied by trty,e, Division of Property Taxation early each year. The 04v4sir Is 14,- • property Taxation rates no resoonelbility for r•Rnrts not J e_ by a timely manner for anv reason. IL _Is the responsibility 0f e 't exempt property owner to see that these reports are received. completed and returned to the Division of Property Taxa:tar annually by April 15, and with the appropriate filing fees_ Contact this office if your reports are not received in time forte".. completion by the April 1S deadline each year. • On all future correspondence regarding this property, the ,+ner sroulc re'erw' .. to the file number shown on this determination. 0Tibl'iC rn:�: DEPARTMENT OF PLANNING SERVICES Cases Approved by Administrative Review 6/16/89 through 6/23/89 CASE NUMBER NAME Amended RE-772 Schaefer, et al. SE-365 Hergenreter ZPMH-1567 Jennings .JLL Chuck Cun iffe, Director RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 28, 1989 TAPE h89-25 & l/89-26 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, Ji.ne 28, 1989, at the hour of 9:00 A.M. ROLL CALL: The meeting was called to order by the Chairman and on roll cal.1 the following members were present , constituting a quorum of the members thereof: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene R. Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy - Arrived later Also present: Assistant County Attorney, Bruce T. Barker Acting Clerk to the Board, Tommie Antuna MINUTES: Commissioner Kennedy moved to approve the minutes of the Board of County Commissioners meeting of June 26, 1989, as printed. Commissioner Johnson seconded the motion, and it carried unanimously. ADDITIONS: Chairman Kirby added as Item ?'l0 under New Business — Consider Lease with Wallace Young, dba Anytime Bail Bonding, and authorize Chairman to sign CONSENT AGENDA: Commissioner Kennedy moved to approve the consent agenda as printed. Comtissioner Brantner seconded the motion, and it carried unanimously. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund 6 84,356.49 Social Services 378,190.26 Handwritten warrants: General fund 11 ,495.52 Payroll I,121,425.68 Commissioner Johnson moved to approve the warrants as presented by Mr. Warden. Commissioner Kennedy seconded the motion which carried unanimously. Let the record reflect that Commissioner Lacy is now present. BIDS: PRESENT 1989-90 UNIFORM, BID - SHERIFF'S DEPARTMENT: Mr. Warden read the names of the bidders into the record and said this is to be considered for approval on July 12. EMPLOYEE BENEFITS CONSULTANT - BOARD OF COMMISSIONERS: Mr. Warden read the names of the bidders into the record and said this will be considered for approval by the Board on July 10. BUSINESS: NEW: CONSIDER RESOLUTION RE: FIREWORKS DISPLAY PERMIT - THE VINEYARD CHRISTIAN FELLOWSHIP CHURCH AND AUTHORIZE CHAIRMAN TO SIGN: Bruce Barker, Assistant County Attorney, said all of the required documents have been submitted, including approval by the La Salle Fire Department. Mr. Barker said the Sheriff did review this, and he deferred approval to the La Salle Fire Department. Larry Carrillo, representing the applicant, came forward to answer questions of the Board. Commissioner Lacy moved to approve said Resolution and authorize '_he Chairman to sign the permit. Commissioner Kennedy seconded the motion which carried unanimously. CONSIDER 1989 EMERGENCY SHELTER GRANT APPLICATION AND AUTHORIZE CHAIRMAN TO SIGN: Jeannie Tacker, representing the Department of Human Resources, said $20,000 of Stewart B. McKinney Homeless Act funds has been awarded to Weld County. She said these funds will be subcontracted with the Greeley Transitional House and Catholic Community Services Northern's Guadalupe Center. Commissioner Lacy moved to approve said Application and authorize the Chairman to sign. Seconded by Commissioner Kennedy, the motion carried unanimously. CONSIDER AUTHORIZING CHAIRMAN TO SIGN LETTER CONCERNING CONTRACT WITH STATE DEPARTMENT OF HEALTH FOR STATE PER CAPITA GRANT AND AUTHORIZE CHAIRMAN TO SIGN: Dr. Randy Gordon, Director of the Health Department, said this concerns the State Per Capita Grant in the amount of $180,412.00. Commissioner Lacy moved to authorize the the Chairman to sign said letter. Commissioner Kennedy seconded the motion, and it carried unanimously. CONSIDER CHANGE ORDER FOR JERALD CONSTRUCTION CO., INC. , AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden said this Change Order concerns the County Shops and is in the amount of $5,052.00. Commissioner Johnson moved to approve said Change Order. The motion was seconded by Commissioner Lacy, and it carried unanimously. CONSIDER 1989-90 VICTIMS OF CRIME ACT GRANT PROGRAM PROPOSAL AND AUTHORIZE CHAIRMAN TO SIGN: Al Dominguez, District Attorney, said this grant proposal is in the amount of $10,903.00. Commissioner Lacy moved to approve said Grant Program Proposal and authorize the Chairman to sign. Seconded by Commissioner Kennedy, the motion carried unanimously. CONSIDER AGREEMENT FOR PERFORMANCE GUARANTEE - TIRE MOUNTAIN: Lee Morrison, Assistant County Attorney, presented this matter to the Board. Mr. Morrison said this Agreement provides for guarantees if the facility is vacated and the tires removed, or if operations cease that the tires be properly covered. He said there is a sum which is to be guaranteed by a letter of credit, bond, or cash deposit for each of the eventualities. (Tape Change #89-26 during Mr. Morrison's explanation.) Commissioner Johnson moved to approve this Agreement and authorize the Chairman co sign. The motion, which was seconded by Commissioner Lacy, carried unanimously. Minutes - June 28, 1989 Page 2 CONSIDER ROAD IMPROVEMENTS AGREEMENT AND AUTHORIZE CHAIRMAN TO SIGN - TIRE MOUNTAIN: Mr. Morrison explained this Road Improvements Agreement to the Board concerning the resurfacing of a certain portion of Weld County Road 41. Commissioner Lacy moved to approve this Road Improvements Agreement and authorize the Chairman to sign. Commissioner Kennedy seconded the motion which carried unanimously. CONSIDER RESOLUTION RE: CORRECTION TO RESOLUTION OF TRANSFER AND ASSIGNMENT OF CABLE T.V. FRANCHISE TO JAMES CABLE PARTNERS, L.P. : Mr. Barker read the changes in the verbiage to the previous Resolution. Commissioner Lacy moved to approve this Resolution concerning the corrections to the previous Resolution. The motion was seconded by Commissioner Kennedy, and it carried unanimously. CONSIDER RESOLUTION RE: TEMPORARY CLOSURE ON WCR 60 BETWEEN WCR 15 & 17: Commissioner Lacy moved to approve said Resolution. Commissioner Rrantner seconded the motion, and it carried unanimously. CONSIDER LEASE WITH WALLACE YOUNG, DBA ANYTIME BAIL BONDING AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker said this Lease concerns property located at 924} 9th Avenue and is owned by Weld County. He said Mr. Young has assumed the franchise for this business and would like to assume the obligations of the previous lease. Commissioner Lacy moved to approve said Lease and authorize the Chairman to sign. Commissioner Kennedy seconded the motion. Mr. Barker requested that this be approved subject to receiving authorization of the termination of the Lease from the previous lessees. Roth the mover and seconder agreed to this condition being included in the motion. The motion carried unanimously. PLANNING: CONSIDER RE #1171 - STELL AND WILSON (CONT. FORM 6/21/89) : Lanell Curry, representing the Department of Planning Services, made this matter of record. Ms. Curry said this request for a Recorded Exemption was submitted by William & JoAnn Stell and William & Leah Wilson. Discussion followed concerning water on the properties. Michael McDonough, representing William and JoAnn Stell, made comments concerning the future availability of water from the Little Thompson Water Line Extension. Mr. McDonough said Mr. Stell is willing to hind a share of the Ish Ditch to the land. He said Mr. Stell prefers to preserve the option to tap into the Little Thompson Water Line, but if the Board feels it is a major concern, then Mr. Steil will voluntarily agree to tapping into said water line. Bruce Barker, Assistant County Attorney, said the Board cannot impose this as a condition, but if the applicant voluntarily commits to doing it. then the Board can enforce it. Commissioner Lacy moved to approve Recorded Exemption #1171 for William & JoAnn Stell and William & Leah Wilson, subject to the recommended Conditions, including the voluntary Condition that the applicant not apply for building permits until a public water supply for the proposed use is available. Commissioner Johnson seconded the motion, and it carried unanimously. CONSIDER ZPMH #1564 - PEREZ: Ms. Curry said this request, which was submitted by Jennie Perez, is for one mobile home to be used as a principal dwelling. She said the Planning staff recommends approvel subject to five Conditions. Paul Halloran, of the Housing Authority, said his department is assisting Ms. Perez concerning the acquisition of this permit. Commissioner Lacy moved to approve ZPMH #1564 for Jennie Perez. The motion, which was seconded by Commissioner Kennedy, carried unanimously. Minutes - June 28, I989 Page 3 CONSIDER RESOLUTION RS: AND BUILDING CODE VIOLATIONS - ELDER; SHEPLER & THOMAS; AMOCO PRODUCTION COMPANY; AND MOSSBERG: Commissioner Lacy moved to approve this Resolution authorizing the County Attorney to proceed with legal action against Victor Elder; Shepler & Thomas; Amoco Production Company: Monica and Brad Mossberg for violations of the Weld County Building Code Ordinance. Commissioner Kennedy seconded the motion, and it 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 9:50 A.M,. APPROVED: ATT£5T: e. 1-70,12e ) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder e43,�� and Clerk to the Boar C.W. Kirb , Cha an Deputy County rk rhn . Pro -Tem Gene R. Brantner (. eor �edy )452 Gorden acyw Minutes - June 28, 1989 Page 4 4 Hello