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II 23 P 07630 ADMINIST7.4TOR CCNSU4FR c°AUO CIV. 33 R I 12924 Anm !N ISTRrrn0 II 40 0 12927 ACvItIST7ATCF. CF JiJVENILc OIVcRSION 44 Q I 20035 IPP2R1 C^"UNICATICNS ATTEN1ENT C1 R 20045 4 [F.PonT MAINTFNANCF ;I P 20001 4IFP/?P.T MANAGER C4 A 06940 AMBULANCE SUPERVIS^.R P3 R ' C3010 AP; FAIS=P I 13 R u3021 .PPRSIS !P II 75 t 13025 APPPAIS70 III 30 P 33022 APPFZISER IV 3h R , 12844 Accts-47 ; ISTR IGT t r-00 1EY AA Q 12710 ASST. CCUNTY ATT. T 37 R 12721 ASS—. 3 UNTY A77. IT 47 0 I 12732 'c5T. CCUNTY ATT. III 59 2 08454 ASST. JIR. CJMFU ES SVCS. 67 0 39585 ASST. DIRECT^P JF R^AC AND 3PIDGE 56 P , 08030 -SET . 7P"cRATICNS MCP. 46 ? 06242 ASST. VFTc_cLNS CFFICED 30 )6)26 RII It!GJAL TRAINER HI 0 , UQ153 3L0 . MA79. F1PMAN 40 0 OS141 RLC. µ4 [f . WK0. III 30 R JS12O 3LD . MAIN. NKR. I 16 0 09140 SLC . MAIN. WKP . II 25 R 05142 BLD. MAIN. WKR . TV 36 P. 75035 RRANCH LIBRARIAN 2a P 11031 301DG7 INSPFCTCP 29 P 03220 BUILDING INSPECT"° 33 P OS010 f3UIL0 [`!; MAIN. LABC° 14 R 09810 305 DRIV°R 03 R ,37029 @UY r0 I 25 P 07030 9UYrP II 30 P 34154 CAPTAIN 56 0 J662v CHEMICAL SPECIALIST 30 R I 03240 CHIEF B'JILCING INSPECTJP 38 R 12644 CHIEF DE''UrY 44 P 12843 CHTCF DrPUTY CISTRTST 1TTORNFY 65 P , 05953 CHIEF ELECTPICIAN 40 P 11554 CIVIL EN.;INEF II 44 11242 CIVIL TECH TT 34 0 11241 CIVIL rrrF I 2f R 12911 CLIFNT SERV.TECH.SUPERVISCR 22 P 12910 CLIENT SFPV!CES T-CH 17 R 06220 CO .M,+ CEV/0EHLE. SPECIALIST 83 P I 76843 C1MMUN SER P'GC &Os 18 30 R 06844 C MMUN SER PROG A^MINISTRC.T^R 32 R 36820 CJMMUN. SER. CCUNSFL . 1 22 R 06830 Cf.mvJN. ScQ. CCUNS 'L . It 26 P -196- I P4Y1112 1987 .1'?B TABLE LISTING PAGE 2 RLN CA"E : 10/23 /86 REGULAR JO!; NUVEE JIB DESCRIPTION G2ADE PAY TABLE 06941 Cl'IMUN. SEA . CCJNSEL . III 31 P 06810 CCMMJN. S'2. kVR. ! 09 R J6811 CJ?MJN . SEVVICE WKO. I HO ST/MIGO . HF R 02135 COMMUNICATIONS 'FCHNICAL SPECI4LIST 44 P. ' 06815 0:1/41%9_17,17Y SERVICE WK3 . II 13 R J6842 SGVMUNITY SFPVICES PROGR»M A �MtN IA 35 R 06317 COMMUNITY SERVICES SPECIALIST 20 0. ' 06810 CrMUUNITY SERVICES TECHNICIAN 16 R 12030 C1MPLGINT B' RD OPERATOR 18 R j 02223 CCMPLAINTS COCREINAT'JR 27 R 4 12956 CCMPTPCLLEP 61 0 , J8233 COMPUTER COER&TION5 MGR. 52 2 0811C CCNPUTFR CP°Re-c2 1 21 R 08121 CCMPUTEE2 COERATCO II 33 F 38320 COMPUTER PPOGPAYMER I 33 4 08330 C]MPUT_R PRCGRANYER II 38 2 03210 CCNSTRUCTI;;N OEFMIT TECHNICIAN 21 P , 35423 "C=K 13 R 39422 COCK—HEe3STAR' HC 0 04122 CCFPOPAL 41 R 06831 Cr0PECT :CNAL ''GUNS . II 26 R J6833 CfRRECTIONAL CCUNS. III 31 R 04005 C3FPECTICnAL CFFICER I 30 R 04010 CCGSECTICNAt OFFICE? II 33 R 02220 CIST COORrINATCR 21 R 12983 COUNTY ASSESSOR ED 12755 CEUtITY A'TC2NEY 77 P 12581 CJUNTY CLERK E RECCRDEP En P ' 12980 COUNTY lrM.'4ISSIDNER rC 0 00315 CCU7-Y CI25CTCR SCCIAL SSRv :CES 69 P 11555 COLNTY ENGINEER 63 P 12982 C^UNTV TREASURER Cry 0 02122 CFINE INFCRMATIGN CENTER MANAGER 23 R 32121 •^_RIVE INECRUOTICN CENTER OPERATOR 19 P ' 04123 CPIMINALIST 59 P 10222 CUaRENT PLAINER I 32 R 09132 CUSTODIAL FCR.FNAN 29 0 09133 CUSTODIAL JAIL FOREMAN 21 2 09131 CUSTODIAL LEAD WORK? 14 P 09110 CUSTODIAL hCRKEF 08 P 37510 DEPUTY DIST. ATT. I Al P , 07521 DEPUTY CIST. ATT. II 42 R 07532 DEPUTY LIST. 'TT. III Al R 04110 nEOUTY SHERIFF : 28 0 ' 14121 DEPUTY SHERIFF II 36 P 12643 DEPUTY TREASURER 35 2 12555 Cl? . FIN. E .SCWIN. SER. 81 P 12555 DTP . HEALTH SEP. 85 R , 06450 CIF . OF COMMUNITY HEALTH SEPVICS 51 R 06834 CIz. OF CCP.R. CCUN. 'RAG 39 R 12055 DIP . OF LIRR. SF0. 5?, R 12455 DID . PLANNING SERVICES 54 R 06855 Cif . YOUTH SHELTER HOME 43 P 12255 DItFCTCR BLOCS. a CPOUNCS 57 5 0711U DIrECTlR FM;R.GENCY .,1ANAGEMFN` 36 R 1 -19/- I R Y111F 1eP7 J:9 -ABLE LISTINC PAGE RIJN SATE: 10/2-3/86REGULARGE 3 o I JTU NUNB _2 JOB C5SCRIPTInN G?ADE PAY ? ABCE_ .16632 JIPFFCTfR ENVIPCN. & LAB SEPVIES 48 a I 36955 „F 'CT7o IF ,AMBULNCF SERVICE 5) P 06530 OIR7C770 ?F HEALTH EDUCATION 34 R 07032 JI°FCT3R OF PURCHASING 53 R , 02133 7tSPeT H IRERATI'3NS MANAGER 35 R 32120 DISPATCHER I 26 R 32132 DISPATCHER I : SHIFT SUPFO.VISOR 30 4 04230 DIST. ATT. INV. II 40 P 12855 CIST7. ICT ATTORNcy CL P J6011 EDUCATION CCC;LINATCP H: p_ 33230 ELFCTRIC4L INSPECTIR. 37 c .3691(• EMEFG'NCY MEDICAL TPCF!. 01 0 12913 EM FL' Y. TECH.SUPERVISOR 26 P 12933 cMPLOYER SERVICES C'lIRD 38 R , 12912 MPL3Y.M'N- TECH 18 0 11244 7\GINEE°ING AOMINISTRATIVF MANAGER 42 06621 =NV. HEALTH SPEC. I 32 0 1255 5XFC . DIR. HUMAN RE.SJRS . 64 0 C6733 EXTENSICN AGED' EA R J6755 EXTENSICN _OIRECT0R EC R 09411 PnCO S`PV.WIRKEP HO ST/MIGRANT HC R ' 07330 H.R.C. PERSCNNEL TECHNICIAN 26 P 0910S HD ST/MIGRANT JANITOR HA 2 12925 HFAC STAP.T 40MINISTRATJP IT HK P u1009 pE.AAC START SECRETARY NB 0 1 06343 HEATH SIDE CCCQOI134TCR HI R 0631u HEALTH RICE I 07 0 ' 36320 HEALTH ! ICE II 16 36331 HEALTH AIDE II ' 17 P, 06520 HEALTH `_0OCATOR 31 0 06210 HOUSING ASSISTANT 81 Q C6200 HOUSING CLERK 32 0 38455 INFfRMAT1CN SERVICES DIRECT-_'2 76 36643 LABORATORY SPECIALIST 33 p 06644 LABCRCTCRY SUPEPVIS^.R 36 P 36625 LABORATORY TECHNICIAN 1'7 R J9515 LABORER/CARP'NTER My,; P 1 09512 Lee_°FRS W.C. MW P 37410 LAW 7L!RK I 13 R 07421 LAh CLERK II 24 a 07431 LAh CLERK III 28 a 05032 LIBRARIAN 26 5 05025 LIBRARIAN CATALOGER 26 5 •15010 LIBRARY ASSISTANT 1 08 a 05012 LIBRARY ASSISTANT II 13 R ' 01342 LIBRARY OFFICE TECHNICIAN 21 R 0502.'• LIBRARY TECHNICIAN I 16 R 75022 IBRARY TECHNICIAN II 23 0 ' 04143 LIEUTENANT 50 - S 20340 LINE PERSONNEL t &IRPOR.T) Cl R 20020 MAInTZNANCE SUPERVISOR (AIFPOPT ) C3 P ' 11131 MAT. & STRLCT. TEST^.R 35 q J8456 AGP . SYSTEMS E PROGRAMMING 64 0 12923 MIG°ANT ADMIN. ASSIST . I 24 P 1 J6013 YIGPANT ECUCATICNAL CCCPCINATOR 24 P -19S- I PY1112 198T JOR TABLE LISTING PAGE 4 ? U•1 CAT : 1u/23f86 REGULAR I jc Nu 'E ' ° JOB CESCRIPTION GRADE PAY TABLE 09409 mIGR4NT FCCC SERVICE WCRKEP t?CF HA P t )6853 MIGF=.NT HEAD START DIRECTOR FL P ot342 t(-; A%7 HEALTH AIDE CCOP7. 24 7 ' )6341 IGrLN' FEAITH N&N4GER Hi 0634) MIGRANT L.P.N. F8 4. J1006 MIGRANT SEC2? TARY HI ° 06025 MIGRANT SOUTHERN AREA C^_ DROIN_'OR 20 P , 06024 'MIGRANT SPECIAL NEEDS TECHNICIAN 23 R . •)9111 MISSILC ?ARK CARETAKER 18 01071 V^T _P VOH !CLE SUPERVIS^° 40 D. 010510 OFF ICE nANA,EP 30 R ' • 01051 CFFTCE mANAGER 30 200ll OFFICE MANAGER (AIRPORT ) C5 P 31010 OFFICE TECHNICIAN I 02 P , 01311 OFFICE TECHNICIAN I 02 9 01:)29 OFFICE TECHNICIAN II 08 P 01021 ')FF ICE TECHNICIAN 1I 08 5 01030 cFFICE TECHNICIAN III 15 R 01031 OFFICE `ECHNICIAN II! 15 R 01040 C_FFICE TECHNICIAN IV 21 P ) 1341 OFFICE TECHNICIAN IV 21 2I 01007 DLCFR WORKER MH ° 01008 CLPER dCDKER TRAINEE Ow 9 06S30 P5( AMEDIC P2 P J2010 PL3X OPERATOR I 02 P 0202E 04X OPE7ATCR II 08 F 02032 PBX-PHONE SERVICE MANAGER 28 P 07355 PERSONNEL DIRECTOR 59 R 07333 aE°5DNNEL SPECIALIST 37 R 07334 PERSONNEL TECHNICIAN 33 06732 PEST I'•ISPECTOR 36 R 1001 • PLANNING TECHNICIAN 21 12917 PLANNING/RESEARCH C=VELCFMENT 23 P 13223 PRINCIPLE PLANNER 39 R j9722 PRTT.T SHIP F^REmAN 27 R 3c710 PRINTED II 21 R. 18336 PROGRAMVER/ANAL II T L 53 R ' )9331 PROGRAMMER/ANAL. I 43 2 Oa332 °Prca.AWVER/ANAL . II 48 R 083_33 ARCCR4MN_R/ANAL.I T L 48 R :)6421 PUBLIC HSAL-H NORSE I 31 P 06432 PUBLIC HEALTH NURSE II 34 9 0644? PUBLIC HEALTH NURSE III 43 ? 06445 PUBLIC HEALTH NURSE LEAD WORKER 39 S J6447 PUBLIC HEALTH NURSE SUPE?VISOR 42 5 08343 QUALITY ASSURANCE ANALYST 48 a )5550 S E B SER, WRK. IV 32 P 09577 R E 8 SUPERVISOR 46 R 05510 R. a B. SER. wKR. I 13 R 39530 2. s B. SER, WKR. IT 21 5 ,)954(, S . r, 8 . SER. hKR. IIT 25 J1061 RECC°DING SUPERVISOR 37 R ri 0802: 'E? ")TE TERMINAL CPEPATCR/0-'. 16 5 1150u 22G t; 3ICG= DIRECTOR 63 a 09565 ^OAD AND ERIOGE FOREMAN_ 38 -199- PAY111P Icg7 JOB TABLE LISTING PAGE 5 ' RUN DATE : 1t,r/2 %/E4 REGULAR JCH 'IVftE2 JRB DESCRIPTION . GRADE PAY TABLE 19561• RC2 . f.' AN; $RIDGE LEAD WORKER 29 R 09130 SEO FITY/BUILCIMG ENGINEER 20 R I J7031 SFNIIR 3UYER 36 A J4133 SEFGrA,NT 45 R , 1-'9$4 SHERIFF SO P 14131 SHERIFF ' S INVESTIGATOR 41 R 16023 SPr_Ct.&_ NEEDS TECHNICIAN HG R ' 04001 S°EC !r.L , LEVEL I MW R )4002 SPECIAL , LEVEL II 08 R 04003 S°EC IAL , LEVEL III 22 ° 04004 SFEC..AL , LEVEL IV 32 F ' 08342 SR. SYSTEMS ANALYST S5 R 08344 SF . SYSTEMS ANALYST T L 59 P 06814 SUMMER YOUTH wCRKEP HG c 08334 SYSTEMS ANALYST 48 ° I 08335 SYSTEMS ANALYST Y L 53 ° 08340 SYSTEMS PR;GRAMPEP I 44 R 08341 SYSTEMS PROGRAFNER II 50 R 834E SYSTEMS PROGRAMMER III 61 R 03310 TAX COLLECTOR 36 0 06021 TEACHER HG R e 06010 TEACHER AIDE HA P J6008 TEACHER AIDE INTERN MW R 06009 TEACHE' SUBSTITUTE HG R J6022 TEACHER TRAINEE HA P. , 20030 Tc'FMINAL MANAGER tAIRPFRT) C2 R J6012 TEL_ INING C TECH. ASSIST. TECH. HG P ' )6123 TPANSPORTATICN SUPERVISOR 31 R )4155 I)NOEPSHE° IFF 62 R 1142U UTILITY C PERMIT INSPECTOR 32 R OS61G EEC SPRAYER I WI P 09600 WEEP S°RAVER II w2 R 0994G WELLED I 21 ° ')S952 WELDER II 37. R ' •)9513 YOUTH IN SCHOOL IP R 12915 YOUTH SYSTEMS COORDINATOR 23 R 0551t YOUTH TRY-OUT r° p 39514 YOUTH/LABORER WO MW R 19511 YOUTH/SUMMER my, R 06735 4-H ASSISTANT EH R II II 1 I . t -200- 1 1987 I PAY111P PAY TABLE - HnUPLY PAGE 1 RJ'1 OATS= 10/22 /P6 0EG01�= I GRACE STEPS i, 8 C ^ F AA 23.2313 26.2200 00.0000 00.0000 00.0000 Al 10.94)0 12.0300 13.2490 16.8400 00.000C 42 11.8700 13.2400 15.0600 19. 7100 00.0000 A3 13.2413 14.960) 17.1600 2768300 00.3000 81 05.4300 00.0000 00.0000 00.0000 00.0000 32 06.0300 00.0000 00.0000 00.0000 00.0000 83 09.4200 00.0000 00.0000 00.3000 00.0000 , Cl 03. 750J 04.000 05.0)00 04.5000 00.0000 C2 11 . 700 ) 12. 5000 00.0000 00.0000 00.0000 C3 10.5000 20.5000 00.0000 00.0000 00.0000 C4 20.8333 23. 3333 00.0000 00.0000 00.0000 C5 09.000 ) 10.0000 00.01,03 00.0000 00.0000 OL 54.1667 00.0000 00.0000 00.0000 00.0000 FL 41.7530 45.4167 49. 5833 57.9167 66.2500 FO 41.2500 00.0000 00.0000 00.0000 00.0000 EH 05.2184 00.0000 00.0000 00.0000 00.0000 7 23.3333 00.0000 00.0300 00.0000 00.0000 ' HA 04.2500 04.3500 04.4600 04.5700 04.6800 HB 04.3500 04.4600 04. 5700 04.6900 04. 8000 HC 04.46)3 04.5700 04.6900 04.80)0 04.9300 10 04.6900 04. 8000 04.9300 05.0500 05.1700 HF 04.800 ) 04.9300 05.0500 05. 1700 05. 3000 HG 05.30)1 05.4400 05.5700 05.7100 05.8600 NH 06.0000 06.1500 06.3000 06.4600 06.6300 HI 06.3000 06.4600 06.6300 06. 7900 06.9600 Hi 09. 130 ) 09.3600 09.5903 09.8300 10.0800 HK 11. 1300 11.4000 11. 6900 11 .9800 12.2800 HL 13.9100 00.0000 00.0000 0).0000 00. 0000 IP 10.00) ) 00.0000 03.0003 00.0000 00.0000 MW 03. 3500 00.0000 00.0000 00.0000 00.0000 1W 04.0000 00.0000 00.0000 00.0000 00.0000 11 06.2837 06.4400 06.6000 06.7700 06.9400 P2 07.4730 07.6500 07.8500 08.0400 08.2500 53 08 .4501 08.6600 08.8700 09. 1000 09.3300 Sr 2_5.0307 00.0000 00.0000 03.0000 00.0000 ;11 05.5000 00.00)0 00.0000 00.0000 00.0000 WI 06.0000 00.0000 00.0000 00.0000 00. 0000 , O1 04.5300 04.6400 04.7600 04.8800 05.0000 32 04.6400 04.7600 04.8800 05.0000 05.1300 03 04.7600 04.8800 05.0000 05.1300 05. 2500 04 04.8801 05.0000 05.1300 05.2500 05. 3800 35 05.0000 05.1300 05.2500 05.3800 05.5100 06 05. 1300 05.2500 05.3800 05.5100 05.6600 01 05.2500 05.3800 05.5100 05.6600 05.7900 08 05.3800 35.5100 05.6600 05.7900 05.9500 0'1 05.5100 05.6600 05. 7900 05.9500 06.090G 10 05.6600 05.7900 05.9500 06.0900 06. 2400 , 11 05. 7933 05.9500 06.0900 06.2400 06.4000 12 05.9500 06.0900 06.2400 06.4000 66.5500 13 06.090) 06.2400 06.4000 06.5500 06. 7200 14 06.2433 06.4000 06.5500 06.7200 06.8900 15 06.4000 06.5500 06. 7200 06.8900 07.0600 16 06.550 ) 06.7200 06.8900 07.0600 07.2400 17 36. 720J 06.8900 )7.1600 07.2400 07.4200 , 18 06.9900 07.0600 01. 2400 07.4200 07.6100 -201- I PAY111P PAY rA'31. F - HOURLY PAGE 2 ROiN DATE: 10/?'/86 RTGS1AR I GRADE STEPS t 8 C D E 10 07.0600 07.2.400 07.4200 07.6100 07.7900 I 20 07.2400 07.4200 07.6100 07. 7900 07.9800 21 07.4203 07.6100 07.7900 07.9800 08. 1900 22 07.6100 07. 7903 07.9800 08.1900 08.3900 I 23 07.7930 07.9800 08. 1900 08.3900 08.6000 24 07.9830 08.1900 08 .3900 08.6000 08.8200 25 08. 190 ) 08. 3900 03.6000 08.8200 09.0400 26 08 .3900 08.6000 08. 8200 09.0400 09.2700 27 08.6000 08.8200 09.0400 09.2700 09.4900 29 08.8233 09.3400 09.270) 09.4900 09.7400 20 09.0403 09.2700 09. 4900 09. 7430 09.9800 1 30 09.2700 09.4900 09. 7400 09.9800 10. 2300 31 09.490) 09.7400 09.9800 10.2300 10.4900 32 0(1.7430 09.9800 10. 2300 10.4900 10,7400 33 09.9800 10.2300 10.4900 10.7400 11.3200 34 10.23)') 10.4900 13.7403 11 .0200 11.3000 35 10.4903 10. 740C 11.0200 11.3000 11 .5700 ' 36 10.7401 11.0200 11. 3000 11. 5700 11. 8600 17 11.0203 11.3000 11. 5730 11 .8603 12.1630 3d 11. 3000 11.5700 11. 8603 12.1630 12.4600 ' 39 11 .5700 11.8600 12. 1600 12.4600 12.7700 4) 11 . 86 )0 12.1603 12.4600 12.7700 13.3900 41 12. 1600 12.4600 12. 7700 13.0900 13.4200 42 12.4600 12.7700 13.0900 13.4200 1347600 , 43 12.7733 13.0900 13.4200 13.7600 14.3900 44 13. 0900 13.4200 13.7600 14.0900 14.4500 45 13.4200 13. 7600 14.0900 14.4500 14. 8100 , 46 13. 7600 14.0900 14.4530 14.8100 15. 1100 47 14.0930 14.4500 14. 8100 15. 1800 15.5600 48 14.4500 14.8100 15. 1800 15. 5600 15. 9500 49 14.8133 15.1800 15.5600 15.9500 16. 3500 50 15. 1800 15. 5600 15.9500 16.3500 16.7600 51 15.5600 15.9500 16.3500 16. 7600 17. 1800 52 15.9500 16.3500 16.7600 17.1800 17.6100 , 53 16.3500 16. 7600 17.1800 17.6100 18.0500 54 16.760;) 17.1900 17. 6100 18.050 18.5000 55 17.1803 17.6100 18.0500 18 .5330 13.9600 ' 56 17. 6100 18.0500 18. 5000 18.9600 19.4300 57 11.0500 18. 5000 18.9600 19.4300 19.9200 58 18.5000 18.9600 19.4300 19.9200 20.4200 50 18.9600 19.4300 19.9200 20.4200 20.9300 60 19.4330 19.9200 20.4200 20,9300 - 21.4500 61 19 .9200 20.4200 20.9300 21 .4500 21.9900 62 20.4203 20.9300 21.4500 21 .9900 22,5400 , 63 20.9300 21.4500 21.9900 22. 5400 23.1000 64 21 .4500 21.9900 22. 5400 23. 1000 23.6800 65 21 .990) 22.5400 23. 1000 23.6800 24.2700 66 22.5400 2.3. 1000 23.6800 24.2700 24.8800 67 2.3.1000 23.6800 24.2700 24. 8800 25. 5000 63 23.68)0 24.2703 24.8800 25 .5700 26.1400 69 24.2700 24.8800 25. 5000 26.1400 26.7900 , 70 24.8800 25.5000 26. 1400 26. 7900 27.4600 71 25.500 26.1401 26.7903 27.4600 28. 1500 72 26. 1430 26. 7900 27.4600 28.1500 28.8500 , 73 26.7900 27.4600 28. 1500 28. 8500 29.5700 -202- i PAY111P P4Y T4FSLE - H^iJRLY PAGt RUN CATF: 10/27/96 REGULAP I GRADE STEPS A a r n c 74 27.4o0) 28. 1500 28. 1500 29.5700 30.3100 I 75 28 .1500 28.9500 24.5700 39.3100 31., 0700 76 28. 8530 29.5700 30.3100 31.0703 31.8500 77 29. 5703 30.3100 31.0703 31 .8500 32_.6500 78 30.3100 31.0700 31.8500 32.6500 33.4600 79 31 .0700 31.8500 32.6510 33.4600 34.3030 10 31 .8500 32.6500 33.4600 34.3000 35.1600 ' RI 32 .6501 33.4600 34.3000 35. 1600 36. 0300 82 33.4600 34.3303 35.1603 36.0300 36.9300 83 34.3000 35.1600 36.0313 36.9300 37.8500 ' 14 35. 1600 36.0300 36.9300 37. 8500 38. 8000 35 36.0301 36.9300 37.8500 38.8000 39.7700 1 1 I I I I I I I I 1 1 -203- 1 PAY111P 1987 PAY TABLE - SALARY PAGE 1 ' RUN DATE: 10/23/86 REGULAR GRADE STEPS A E C 0 _ I 01 788.00 807.00 828.00 849. 00 870,00 02 807.00 828.00 849.00 870.00 893. 00 , 03 828.00 849.00 870.00 893.00 914.00 04 849.00 870.00 893.00 914.00 936.00 05 870.00 893.00 914.00 936.00 959.00 , 06 893.00 914.00 936.00 959.00 985.00 07 914.00 936.00 959.00 985.00 1007.00 08 936.00 959.00 985.00 1007.00 1035. 00 09 959.00 985.00 1007.00 1035.30 1060.00 ' 13 985.00 1007.00 1035.00 1060.00 1086.00 11 1007.00 1335.00 1060.00 1086.00 1114.00 12 1035.00 1060.00 1086.00 1114.00 1140.00 , 13 1060.00 1086.00 1114.00 1140.00 1169.00 14 1086.00 1114.00 1140.00 1169.00 1199.00 15 1114.00 1140.00 1169.00 1199.00 1228.00 ' 16 1140.00 1169.00 1199.00 1228.00 1260.00 17 1169.00 1199.00 1223. 00 1260.00 1291,00 18 1199.00 1228.00 1260.00 1291.00 1324.00 19 1228.00 1260.00 1291.00 1324.00 1355.00 20 1260.00 1291.00 1324.00 1355.00 1389.00 21 1291.00 1324.00 1355.00 1389.00 1425.00 22 1324.00 1355.c' 1389.00 1425.00 1460.00 23 135 .00 1385.00 1425.00 1460.00 1496.00 24 1389.00 1425.00 1460,00 1496.00 1535.00 25 1425.00 146'3.00 1496.00 1535.00 1573.00 26 '.460.00 1496.00 1535.00 1573.00 1613.00 27 ' 496.00 1535,00 1573.00 1613.00 1651.00 28 1535.00 1'573.00 1613.00 1651.00 1695.00 29 1573.00 1613.00 1651.00 1695.00 1737.00 ' 30 1613.00 1651.00 1695.00 1737.00 1780. 00 31 1651. 00 1695.00 1737.00 1780.00 1825.00 32 1695.00 1737.00 1780.00 1825.00 . 1869.00 33 1737.00 1780.00 1825.00 1869.00 1917.00 34 1780.00 1825.00 1869.00 1917.00 1966.00 35 1825.00 1869.00 1917.00 1966.00 2013.00 36 1869.00 1917.00 1966.00 2013.00 2064.00 ' 37 1917.00 1966.00 2013.00 2064.00 2116.00 38 1966.00 2013.00 2064.00 2116.00 2168.00 39 2013.00 2064.00 2116.00 2168.00 2222.00 , 40 2064.00 2116.00 2168 .00 2222.00 2278.00 41 2116.00 2168.00 2222.00 2278.00 2335.00 42 2168.00 2222.00 2278.00 2335.00 2394.00 43 2222,00 2278.00 2335.00 2394.00 2452.00 44 2278.00 2335.00 2394.00 2452.00 2514.00 45 2335.00 2394.00 2452.00 2514,00 2577.00 46 2394.00 2452.00 2514.00 2577.00 2641.00 , 47 2452.00 2514.00 2577.00 2641.00 2707.00 48 2514.00 2577.00 2641.00 2707.00 2775,00 49 2577.00 2641.00 2707,00 2775.00 2845.00 , 50 2641.00 2707.00 2775.00 2845.00 2916,00 51 2707.00 2775.00 2845. 00 2916.00 2989.00 52 2775.00 2845.00 2916.00 2989.00 3064.00 53 2845.00 2916.00 2989.00 3064.00 3141.00 54 2916.00 2989.00 3064.00 3141.00 3219.00 55 2989.00 3064.00 3141.00 3219.00 3299.00 I -204- PAY111P 19E7 PAY TABLE - SALAPY ^A,C 2 RUN DATE: 10/23/86 REGULAP I GRADE STEPS A 8 r 0 56 3064.00 3141.00 3219.00 3299.03 3381 .03 ' 57 3141 .00 3219.00 3299.00 3381 .00 3466.01 58 3219.00 3299.00 3381 .00 3466.00 3553.01 59 3299 .00 3381.00 3466. 00 3553. 00 3642 ,00 , 60 3381 .00 3466.00 3553.00 3642.00 3732. )•; 61 3466.00 3553.00 3642.00 3732.00 1826.00 62 3553.00 3642.00 3732. 00 3826.00 3922.30 , 63 3642.00 3732.00 3826.00 3922.00 4019.00 64 3732.00 3826.00 3922 .00 4019.31 4120 .03 65 3826.00 3922.00 4019. 00 4120.00 4223,00: ' 66 3922 .00 4019.00 4120.00 4223 ,00 4329. .10 67 4019.00 4120.00 4223.00 4329 .03 4437,03 68 4120.00 4223.00 4329. 00 4437.00 4548, Jil 69 4223.00 4329.00 4437.00 4549, 00 4661. 00 ' 70 4329.00 4437.00 4548.00 4661 .00 4778.?`) 71 4437.00 4548.00 4661.00 4778. 00 4898.00 72 4548.00 4661 .00 4778.00 4893.00 502 . 01 ' 73 4661.00 4778.00 4898.00 5020.03 5145.33 74 4778.00 4898.00 5020.00 5145,00 5274.00 75 4898.00 5020.00 5145.00 5274.03 5406. 00 , 76 5020.00 5145.00 5274.00 5406.00 5542.00 77 5145.00 5274.00 5406. 00 5542.00 5681 .00 78 5274.00 5406.00 5542.00 5681.00 5822. 01 79 5406.00 5542.00 5681 .00 5822 .30 K969.11 , 80 5542.00 5681.00 5822. 00 5968.00 6115.0;7 81 5681.00 5822.00 5968.00 6118.00 6259. 01 82 5822.00 5968.00 6118 .00 6269.7,3 6426.00 ' 83 5968.00 6118.00 6269.00 6426.03 6586.0:1 84 6118.00 6269.00 6426.00 6586.00 6751. 03 85 6269.00 6426.00 6586.00 6751 .30 6920, :31 , Note: I All Weld County Erployees are paid on an hourly basis. The above monthly a otmts are only an approximate monthly salary calculation. I I I I -205- I I INSURANCE COUNTY SELF-INSURANCE: HEALTH/DENTAL/VISION INSURANCE: 1987 SINGLE $ 75.00 FAMILY $ 95.00 PROGRAM: . SINGLE $100 DEDUCTION - 20%/80% TO $2,000 THEN 100% FAMILY $200 DEDUCTION - 20Z/80% TO $4,000 THEN 100% CONCEPT: . SHARING COST (PREMIUMS/DEDUCTIBLE/CO-INSURANCE) . CHANGE UTILIZATION PATTERNS . COST CONTAINMENT DENTAL: PROGRAM: . COVERAGE FOLLOWS HEALTH INSURANCE PROGRAM COVERAGE FOR BOTH SINGLE AND FAMILY PLANS . 1001 PREVENTIVE CARE . 50%/50% CARE OTHER THAN PREVENTIVE . EXCLUDES ORTHODONIC CARE . MAXIMUM AMOUNT PAID FOR SINGLE OR FAMILY $500/YEAR VISION: PROGRAM: • . COVERAGE FOLLOWS HEALTH INSURANCE PROGRAM COVERAGE FOR BOTH SINGLE AND FAMILY PLANS . MAXIMUM AMOUNT PAID FOR SINGLE $150/YEAR OR FAMILY $300/YEAR . NO DEDUCTIBLE . 50% OF COVERED EXPENSES INCURRED . EXAMINATION, LENSES, AND FRAMES LIMITED TO ONE EACH YEAR LIFE: 7,000 @ 46c/$1,000 r $3.22/MONTH 12,000 @ 46C/$1,000 = $5.52/MONTH WELLNESS:Expanded wellness program would be offered to all County employees. PEAK HMO: 1987 SINGLE $ 95.59 FAMILY $128.03 . PEAK HMO includes Weld County self-insured dental and vision programs. -206- II 1987 1 HEALTH INSURANCE PROGRAMS ll COUNTY PROGRAM: County i Single: She;_e individual Total Health $ 44.00 $ 16.00 $ 60.00 ` Dental/Vision 15.00 0.00 15.00 TOTAL $ 59.00 $ 16.00 $ 75.00 1 Family: Health $ 0.00 $ 76.00 $ 76.00 ll Vision/Dental 0.00 19.00 19.00 TOTAL $ 0.00 $ 95.00 $ 95.00 , GROSS TOTAL $ 59.00 $111.00 $170.00 PEAK HMO: , County Single: Share Individual Total ' Health $ 44.00 $ 36.59 $ 80.59 Dental/Vision 15.00 0.00 15.00 TOTAL $ 59.00 $ 36.59 $ 95,59 ll Family: I Wealth $ 0.00 $109.03 $109.03 Vision/Dental 0.00 19.00 19.00 IITOTAL $ 0.00 $128.03 $128.03 GROSS TOTAL $ 59.00 $164.62 $223.62 I Coverage changes to County Health Program: . Covers mammograms 1 . Physical exam costs up to $100 per year for employees only . Covers birth control pills and devices , • I -207- I I H C9OI-CMC to '0 hl Worn c. c., C7 room 3 'U > H can -a > rono n — I O m It m O W m W m O C M pi m 7 la C T I+ O OD W N CO M 1-- I-I K O H O T ra too H m cr p C CO r' n CO F+ I+. IT O µ < W -t T O pi 1+ -t m co 0 N tl O 0 G M 2 np [r C C m r? CO m m n W F+ m "4 F� m n fi 1+ n 7 W m m n M W O 7 p 1+ [t > , C I-. m 7' W MCI n CIAS co N. O M 7' n 1+ C n O m m n 9c' p C 7 n n x z hI m m F- Co W a. m W T F'- K m m (3 p m p m C W n 7 •-< m 9 O N Cn m p l+ a r M IT n W W p p O M O T m n "'pp n tlI - O T Ch 00 Co to n /+ O S n to m M m 7 f+00 rt O `Z C m [a m tom O m m O- 7 T µ m p N M CO .'a O" 7 n T n7 Z rri a o �- rI- m ., o >x n n n to oo c-, n c i-3 H OC n n O t0- O n Z , W I+ m CD M W m IT CO < n r 0 It M M I'/ nn 'p m O m W tl O MEI 00 P N M 7i 0 Ca m ",2,' n W tat m n W .�• M m W A%00 W 7 m m m M O CD O n n w m m I tt M H 7 O a s m 0 O p n n IL+ n ,v -Pa tt W CO N p `< 0 N M G. I) C 0. to m • m n la m 7 rt :n •C 00 d CI 0o C XI 7 0. 'd s m It I--' it tl n a KI O r n '0 ' n rt W N r VI W V N I-• W N n-. A u .ON N W OO` I-- NNr. CA -4 .--4 T. I- Lit CO W u O %O W 2"- 0] No W .IO SO` W V: N UJt N I� w I-i 0 •J3 VI CI . H N ._. ' O A n N N .-• n.. W W A-. 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CO I-, .D 'C O I .D Vf VI CO Q N Co O w V N N « C] In C` W 0 Fq ✓ VI N V CC Z z i 9 T z r .c p _ I x .- w s .- ‘.0 ... w .-- en n a Co VI In W O N — CO O w V N N 1l 0 In O. FAD• J'' y , N • In• (CO .'C H ... ▪ :n Z VI zd C mz � 1 V F. _ COc7z w NO 9. 0 .. ,0 .- .- w I F VI Cr La O N COO CO V N N r W Ch ▪ T [" U • to I H n n ; z Z, I z llw l � I� �+ i H 91 H N I— O ' 1 CC Cr)) central colorado water conservancy district • November 12, 1986, Weld County Commissioners hGv4 41CD Centennial Center Complex 915 - 10th Street Greeley, Colorado 80631 Dear Commissioners: The Board of Directors of the Central Colorado Water Conservancy District are considering a rehabilitation program for Boot Leg and Klug Reservoirs in the Hudson area. The reservoirs were constructed in the early 1900's for flood control and irrigation purposes, but preached in 1984 due to liability and spillway concerns. The Conserv .ncy District worked with the Bureau of Reclamation this past year to determine preliminary repair cost figures. The Study is enclosed, and a cost of $520,000 was reached for rehabilitation of the two structures. We are currently working to raise the necessary funds to rehabilitate both Boot Leg and Klug Reservoirs. It appears that funds may be available from the State of Colorado for reservoir rehabilitation if matching funds can be obtained from other sources. While the Conservancy District is willing to make some funds available for reconstruction, it is necessary to acquire additional funds. The local irrigation district in the area may also be willing to invest some funds, along with a landowner in the area. However, it will still not be enough to complete the rehabilitation process. Therefore, we ask for your help. Local landowners in the Hudson area have stated that the 1979 flood damaged many County roads in the area below Boot Leg and Klug Reservoirs along Box Elder Creek. Weld County Roads 2, 4, 6, 8, 10, 12, 14, and 16 were some of the roads mentioned as being damaged from that flood. Damage would have been much more severe if Boot Leg and Klug Reservoirs had not been in place. Now that the two structures have been breached, future floods on Box Elder Creek could very seriously affect county roads in the area. Rehabilitation of Boot Leg and King could save Weld County thousands of dollars in the future due to reduced flood damages. Please, we hope you'll consider participating in this project, and will donate funds to improve the safety of citizens of the County in that area. Sincerely, Tom Cech Executive Director . if or United States Department of the Interior BUREAU OF RECLAMATION EASTERN COLORADO PROJECTS OFFICE P.O. BOX 449 LOVE LAND. COLORADO 80539-0449 IN REPLY "" E-110 AUG 6 1986 502. Mr Tomas V Cech Central Colorado Water Conservancy District 3400 W 16th St Bldg 5 Suite X Greeley CO 80634 Dear Mr. Cech: As requested under our Technical Assistance to States Program, we have completed appraisal-level designs and cost estimates for the potential repair of Bootleg and Klug Dams. The enclosed report presents the results o: our effort. We would like to caution that the hydrology and designs are preliminary and based only on readily available information. Further investigations may identify other unknown defi- ciencies in the dams or change the hydrologic assumptions which could signifi- cantly impact the extent of the repairs and their costs as outlined in the report. It was our pleasure working with you on this activity and hope the enclosed report will provide the information needed by Central Colorado Water Conservancy District in its deliberations. Sincerely yours, g:':ice Raymond H. Willms ACTING FOAProiect Manager Enclosure .7-8-�4 M cc: Mr J William McDonald, Director w/enc Colorado Water Conservation Board Department of Natural Resources 721 State Centennial Building 1313 Sherman Street Denver CO 80203 Dr. Jeris A Danielson w/enc State Engineer Colorado Division of Water Resources 1313 Sherman Street Denver CO 80203 Preliminary Design for Repair of Bootleg Dam and Klug Dam, Colorado Bureau of Reclamation Missouri Basin Region, Billings, Montana July 1986 This report presents the preliminary appraisal designs and estimates for repair and rehabilitation of Bootleg Dam and Klug Dam. Both dams are located on Box Elder Creek near Hudson, Colorado. Bootleg Dam is located about six miles south of Hudson and is owned by the Henrylyn Irrigation District. Klug Dam is located about six miles north of Hudson, is privately owned, and is downstream of Bootleg Dam. Both dams were breached by their owners primarily to reduce their risk of liability from dam failure. Both dams have records of inspection by the State of Colorado. The Central Colorado Water Conservancy District (CCWCD) plans to evaluate the possibilities for returning both facilities to beneficial use. The following designs and estimates are based on highly judgemental assumptions using what little existing information is available and therefore should be considered very preliminary. Klug Dam Existing information about the dam is very limited and consists of three drawings and an area-capacity table for the original reservoir, all of which are on file in the State Engineer's Office. Based on the existing information it appears that the dam was built about 1922 with the crest at elevation 4,848 and the original reservoir operating elevation at 4,843 with 715 acre feet of storage. The cutlet works, spillway inlet and embankment were modified in 1962. The dam was breached in April 1984 by excavating a lowered area through the embankment at about Station 21+00 (as stationed on Drawing C-422A). The excavated breach has eroded to about the elevation of the old spillway channel which is four to five feet below the original ground surface. Some limited storage remains in the reservoir with maximum depth about 10 feet. The State has reclassified the dam as non-jurisdictional as a result of the breach. Inspection reports by the State before the dam was breached recommended several corrective measures which include stabilization of the foundation, lower spillway crest, control erosion and sloughing in the spillway channel and removal of trees from the embankment. A brief field review of the facility indicated that all of the deficiencies are valid and would need to be corrected for any rehabilitation of the facility which would return it to jurisdictional status. The CCWCD would like to increase the reservoir storage to enhance their groundwater augmentation program in the area. The proposal for rehabilitation of Klug Dam would return a portion of original storage capacity and correct the deficiencies noted in the state inspection reports. This plan would permit storage to elevation 4,&38, which is 10 feet below the dam crest. Elevation 4,838 vas selected because it is the original ground surface elevation at the area being proposed for the spillway. Based on the original area—capacity table the storage capacity would be about 360 acre—feet or about one—half of the original capacity. The plan is to remove a section of the embankment from Station 19+00 to Station 29+00 to serve as a new spillway. This section of the embankment would be lowered to original ground surface elevation which is about elevation 4,838. The material removed from the embankment would be used to backfill the old spillway channel between Station 11+00 and Station 29+00 and to construct a training dike. The purpose of the dike would be to direct spillway flows away from the embankment. The spillway area and dike would be seeded to grass to prevent erosion. The inlet to the old spillway would need to be blocked to avoid any discharge into the existing channel, 2 The capacity of this new spillway is estimated to be about 35,000 ft3/second when the flow depth is six feet with the velocity about six feet per second. (Velocity greater than this would cause erosion on a grass-lined spillway.) According to preliminary hydrologic estimates this capacity approaches the expected 100-year inflow into Klug reservoir. Some erosion damage could be expected downstream where the spillway flows would reenter Box Elder Creek. This would be caused by the steeper slopes adjacent to the creek and the resulting higher velocity of the flows. This erosion would not endanger the embankment. Unnecessary operation of the spillway should be avoided and whenever erosion occurs, the damaged area should be repaired as soon as possible to prevent channelization and maintain the sheet flow concept. Flows in excess of 35,000 ft3/s would cause erosion damage and flows in excess of 100,000 ft3/s could overtop the dam. In addition the dam foundation would be stabilized by installing a toe drain system along the base of the embankment between the outlet works and Station 19+0u. One drain would be installed in the old spillway channel between Station 19+00 and Station 11+00 before- the channel is bacKfilled. Seepage water from this drain would continue down the remaining channel to Box Elder Creek. A second drain would be installed at the toe of the embankment between Station 11+00 and the outlet works. This drain would require excavation of a trench about five feet in depth. The outfall for this drain would be Box Elder Creek just downstream from the dam outlet. A plan view of the proposal is shown on the following page. The construction cost for this proposal is estimated to be about $$0,000. This estimate includes allowances for contingencies (25 percent) and engineering (20 percent). Additional work would be required to remove trees and their root systems from the embankment. read trees and roots should be removed and their cavities backfiiled as soon as possible before the roots decay and create a seepage path through the embankment. The removal of live trees could be postponed for awhile. 3 • V ELYZtk c//)7rA •15�it. � 1 \Y' Y i i I. f 'a :Y •"'S y :: • of 1, i ::\ ��-' r.� 13- -• 1 < /.`• e i � � /. •. � , ,� � o :a= • 1 ^ct i ! ` i` S1:` '1 /Ill I II 1 is I', , 1 1vir / ;;,"1, 11 ` ' IY d. \i fit . • %' 1 iti • :G�.t±c: ...._ . 'I;mot, • , ;1 N 7;;;,..-C1/4:t.•� ,Ip a.: ct• �, t: aZ t b I .d: • v ii\t 1,, t• ';�';I; ,x,11 :; ; (-),W, '. • \ -. , -., , .a.. A , A .. ••\ .se --- - -\AA! k:•,..\-,‘,• \ i \\ .. „_,,-44-4-' , s£$ Bootleg Dam Available information and data for this dam and reservoir is essentially nonexistent. A statement of claim on file in the State Engineer's Office indicates that the claim was filed in 1906. The claim contains an area- capacity table. Because there was no existing information some basic surveying of the dam, spillway and abutments was completed by the Eastern Colorado Projects Office. The top of the curb on the crest of the dam at the right abutment was selected as Station 1+00 and elevation 100.0. Elevations and offsets from the curb were measured along the crest of the entire embankment and across the dike portion of the dam. The approximate centerline of the spillway was profiled and one cross section was measured at a visually selected control point. The breach and the two saddle areas on the left abutment were also profiled and cross sectioned. Tae field data was reduced and plotted on unnumbered drawings. The dam was breached by removing a section of the embankment approximately 30 feet in depth. The depth of the breach has increased another 10 feet due to erosion. The State has reclassified the dam as non-jurisdictional as a result of the breach. Inspection reports by the State Engineer's Office before the breach recommended several corrective actions which included reestablish a uniform crest elevation, evaluate liability risks for the saddle areas on the left abutment, remove brush from the upstream concrete face, initiate a rodent control program, place a cover over the wet well, maintain and exercise the outlet gates and determine spillway capacities. The reports also recommended against long term storage due to the condition of the dam. The CCWCD would like to return this structure to its former function as a flood retention facility. It is felt that facilities located downstream of the dam benefit from the flood protection provided by the dam. Based on the preliminary survey data the estimated capacities of the existing spillway are as follows: 4 Orr Releases - (ft3/s) • Water Surface Right Abutment Left Abutment Elevation Spillway Saddles Total 87.5 0 0 0 89.5 550 0 550 91.5 3,600 0 3,600 93.5 8,500 1,200 9,700 95.5 14,700 6,300 21,000 97.5 22,400 22,000 44,400 Preliminary hydrologic estimates indicate the peak inflow for a 100-year flood event would be about 31,000 ft3/second (Manual for Estimating Flood Characteristics of Natural Flow Streams in Colorado 1976). Assuming that the reservoir would be full when the peak inflow reaches tae reservoir, the water surface would increase to about elevation 97 before the spillways could discharge this inflow. The velocity of the discharge would cause some erosion of the spillway, the significance of which depends on the length of time the flows would occur. An inflow hydrograph was not prepared. The estimated discharge into the adjacent drainage from the left abutment for the 100-year event would be approximately 15,000 ft3/s. • The proposal for repair and rehabilitation of Bootleg Da would return the facility to flood retention storage. The plan includes replacement of the embankment in the breach area, establishment of a uniform crest and dike elevation, construct dikes across the saddle areas on the left abutment to eliminate liability for spilling into the adjacent drainage, and enlarge the spillway on the right abutment. Repair of the breach would require additional excavation to remove the exposed layers of embankment and to reslope the excavation. The material to replace the embankment would be obtained from the stockpiled excavation and from what appears to be the original borrow sources on the abutments. The concrete facing 5 would be replaced similar to the existing facing. Replacement of the curb along the crest would be extended to Station 14+00 to replace the damaged portion. The concrete facing would be reinforced with welded wire fabric. Repair of the dam crest was estimated for two alternative crest elevations. One alternative would reestablish the crest at elevation 100. This alternative would include removal of the top one foot of the crest and replacement with compacted embankment with an average height of 2.5 feet and uniform width of 20 feet. The dike portion would be raised similarly to elevation 100. In addition the two saddle areas on the left abutment would be raised to elevation 100 using dikes. These dikes were estimated using 10 percent side slopes to allow farming operations to continue. The other alternative elevation assumed the dam crest and dikes at elevation 08. With this crest elevation very little earthwork would be required on the dam crest and the existing dike. Both saddle areas would still require dikes. This alternative reduces the freeboard of the dam by two feet which impacts the safe capacity of the spillway. Because the placement of the dikes on the left abutment will reduce the existing spillway capacity significantly the spillway on the right abutment will need to be enlarged. Normally an inflow design flood MP) is selected which is used to size the spillway and determine the freeboard of the dam. The Colorado Design Review Manual defines an IDF as that flood considered adequate for a spillway to prevent additional loss of life and/or damage from an overtopping dam failure. The spillway is considered adequate when the incremental damages of an overtopping dam break flood are insignificant and no additional loss of life is expected in comparison to damages caused by the same flood had the dam not been constructed. The minimum IDF required for any spillway is the 100-year flood, and the maximum would be the probable maximum flood. An incremental damage analysis was not performed for this investigation because of the requirements for intensive data and calculations to determine the hydrographs, flood routing, water surface profiles and hazard 6 assessment of inundation areas downstream of the dam. Instead a preliminary design capacity for the spillway was selected which could safely pass the 100-year flood with adequate freeboard. For this estimate safe passage of the 100-year flood assumes no spillway damage and 5 feet of freeboard at the dam. Assuming the bottom of the spillway inlet remains at elevation 87 (dam crest elevation 100), the channel width would need to be excavated to about 800 feet. This channel would be reseeded with grass. Because the channel slope would be fairly flat, flow velocities should not cause any significant erosion damage for discharges up to 30,000 ft3/s. The maximum spillway discharge with 1-foot of freeboard at the dam crest (water surface elevation 99) would be about 100,000 ft3/s. This capacity represents about 17 percent of the probable maximum inflow which is estimated at 594,000 ft3/s (based on flood studies for Colorado drainages east of the Divide and on file at the the EMI Center in Denver). Flows in excess of 30,000 ft3/s would cause erosion in the spillway channel, and flows in excess of 100,000 ft3/s could overtop the embankment. The spillway for the alternative dam crest elevation 98 would require additional excavation to retain the same capacity. The following table presents the cost estimate for both alternatives. Cost Feature Crest El. 100 Crest El. 98 Breach $ 97,000 $ 97,000 Reestablish Crest Elev. 21,000 -- Dikes Across Left Abutments 66,000 34,000 Spillway Enlargement 193,000 254,000 Field Cost 1/ $ 377,000 $ 385,000 Engineering (20X) 75,000 77,000 Total $ 452,000 $ 462,000 1/ Includes allowances of 52 mobilization, 10% unlisted items. asai 25% contingencies. 7 r, • A concrete grade sill across the spillway channel is normally installed in ' unlined earth channels to prevent erosive headcutting of the channel into the reservoir. However because the spillway slope is flat and the velocities for flows less than the 100-year event are generally less than velocities which cause erosion in grass lined channels, it seems reasonable to assume that a grade sill is not needed. It also seems reasonable to accept some damage and risk for flows in excess of the 100-year event because the possibility for such an extreme event is small (less than 1 percent chance of occurrence in any one year). If a grade sill should be required the cost would increase another $300,000. Additional work would be needed such as removal of brush from the upstream slope, rodent control, cover over the wet well, removal of yucca plants from the embankment, and repair of damaged concrete facing. This estimate was made under the assumption that there are no other deficiencies. It assumes that the dam foundation and existing embankment are sound and the existing concrete facing is adequate except for the few damaged areas. It is also assumed that the outlet works are functional and require no repair. Further Investigation A preliminary consultation with the State Engineer's Office should be requested to determine the State's requirement for rctturniag the facilities to jurisdictional status. The State has two types of applications for dams. One application is for construction or enlargement of a dam and the other type is for repair or modification of a dam. It appears that Klug and Bootleg could qualify under either type of application. If the application requirement is for construction or enlargement, the amount of investigations could be extensive and would certainly increase the costs for engineering analyses, design, and construction because the dam and reservoir would have to meet all current dam safety requirements. Whereas, an application for repair of an existing dam has less stringent requirements in some areas. A check list from Colorado's Design Review Manual is appended to provide some insight to the types of information that may be required. ":'is check list could provide a good agenda for topics of discussion at the meeting with the State Engineer's Office. 8 If CCWCD decides to proceed further with more detailed investigations, engineering consultants should be contacted, preferably ones with experience in dam design. The consultants should be requested to provide a quick appraisal of the projects and an estimate of their costs for engineering. If after discussions with the State and the proposals by the consultants, the projects appear viable a consultant should be selected to prepare more detailed designs and cost estimates at a feasibility level of investigation. These designs and estimates should then be used to establish funding for construction. 9 OFFICE OF BOARD Oc 0CuNT" 0QMSS.CN=RS 1C. 1 COLORADO November 18, 1986 • Tom Cech, Executive Director Central Colo. Water Conservancy District 3400 West 16th Street Building 5, Suite % Greeley, CO 80631 Dear Mr. Cech: In response to your request for county funds to assist rehabilitation cf Boot Leg and Klug Reservoirs, the 4;e_d - Commissioners regret to inform you that we cannot provide _1na cial assistance. Although the Board appreciates your dilemma, it feels that with its own limited resources the county is not in a pesiticn to ass= financial obligations outside of its required statutory tunctions. In addition, road and bridge funds are restricted by state law to be s,_ _.._ only on public roadways and bridges. Hopefully you understand our position in this matter. If we can be .,_ assistance to you in any other way, please do not hesitat__ to ...,-:_act at 356-4000, Ext. 4200. Very truly yours, BOARD OF COUNTY COMMISSIONERS a qua a Jo n, Chairman Gene R. Brantner C. W. Kirby / z-n '/jam/,J /�iY"-, raon ac \--FrYamag c i/ BCC/ch DEPARTMENT OF PLANNING SERVICES Cases approved by Administrative Review 10/31/86 through 11/7/86 CASE NUMBER NAME RE-941 Toth RE-943 E. E. Foster and Sons RE-946 Gilsdorf RE-951 Mize SE-284 Hergenreder O-\ -‘0%#SLitt> Chuck Cunliffe, Director Department of Planning Services ti • LEGAL DESCRIPTION Part of the Southwest Quarter (S .W .1/4) and the South- east Quarter (S .E .') of Section 19 , Township 5 North, Range 64 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows : NO 4 v Beginning at the Southeast Corner (S . E. Cor. ) of said Section 19 , and considering the South line of said "' v Section 19 as bearing North 29°06 ' 49" West, with all other bearings contained herein relative thereto; Thence North 89°06 ' 49" West along said South line , o w 2424 . 73 feet to the TRUE POINT OF BEGINNING. ,�W Thence continuing North 89°06 ' 49" West along said South line, 175- 00 feet; Thence North 00°00 '00" East , O 279 . 00 feet; Thence South 89°06 ' 49" East , 175. 00 feet; w Thence South 00°00 ' 00" West , 279 . 00 feet to the TRUE a POINT OF BEGINNING. M .. w Said described parcel contains 1. 121 acres , more or less , including a 30 foot strip along the south side m ffl for road right-of-way, and is subject to any rights-of- ways or other easements as recorded by instruments of o• lZ M H record or as now . existing, on said described parcel • E4of land. ti U) SURVEYOR' S CERTIFICATE opO r w I hereby certify that I have prepared this legal `° description. o z N Et FR" '+, C 1O. .E. L. S . #4392& E' '•.......i kaFS�. 3 ' R •EESE • Q * � 4392 C�9 of GO w • -. ,.'C' ••N:::::.••O�. 4TF OF 004....••t 861108 0 AR2Q76748 DEPARTMENT OF PLANNING SERVICES SUBDIVISION EXEMPTION cv p ADMINISTRATIVE REVIEW o V 0 VApplicant: Esther Hergenreder Case #SE-284 a Legal Description: Part of the SW} SE} of Section 19, T5N, R64W of the 6th P,M. , Weld County, Colorado. oa Criteria Checklist Meets Criteria 0 U Yes No NA N X 1. The proposal is consistent with the policies P P of the Weld County Comprehensive Plan. w 4 X 2. The boundary change or temporary use location ni z which would be allowed on the subject property .4 H by granting the request will be compatible with the surrounding land uses. H X 3. In those instances when used pursuant to CO W Section 9-3 B. (2) of the Weld County ✓ w Subdivision Regulations, the request is the r- z best alternative to dispose of existing o a improvements in conjunction with the companion Recorded Exemption. U a W APPROVED CS • O's • N Subdivision Exemption is approved in accordance with information submitted • o in the application and the policies of the County. The Department of nmi Planning Services has determined through its review that the standards of Section 2-1 A. (3) of the Weld County Subdivision Regulations have been met. This Subdivision Exemption was requested for financial purposes only. Under Weld County Subdivision Regulations, the property is still considered as one parcel. No additional building sites are granted with this Subdivision Exemption. By ` Date November 4, 1986 Chuck Cunli£fe, Director Department of Planning Sery ces 861108 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOVEMBER 17, 1986 TAPE $86-75 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, November 17, 1986, at the hour of 9:00 A.M. ROLL CALL: The meeting vas called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Weld County Attorney, Thomas O. David Acting Clerk to the Board, Tommie Antuna MINUTES: Commissioner Lacy moved to approve the minutes of the Board of County Commissioners meeting of November 12, 1986, as printed. Commissioner Brantner seconded the motion and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Kirby moved to approve the Certifications for the hearings conducted on November 12, 1986, as follows: 1) Amend SUP, Noffsinger Manufacturing Company; 2) Service Plan, Pine Lake Sanitation District; and 3) CSR, Diversified Operating Corporation. Commissioner Lacy seconded the motion and it carried unanimously. ADDITIONS: There were no additions to today's agenda. 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 gave a report concerning Engineering Services. Re said approximately 400 miles of County roads have been graveled this year, and 393,000 tons of material have been crushed and screened. Commissioner Lacy concluded his report by stating that the rock crusher has been moved to the Bokestra Pit for crushing this winter. Chairman Johnson reported on Useful Public Services, saying that in October, 1986, there were 146 new clients, with 119 successfully completing the program. For the year, there have been 1,243 clients who have completed the program for a total of 45,854.5 hours. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $162,684.76 Social Services 19,976.50 Handwritten warrants: Payroll 3.11 Commissioner Lacy moved to approve the warrants as presented by Mr. Warden. Commissioner Kirby seconded the motion which carried unanimously. BIDS: APPROVE PASSENGER VANS - HLYAN RESOURCES: Bette Rhoden, Director of Purchasing, explained that this item was presented to the Board on November 6, to be considered for approval on November 19. She said that she is bringing it before the Board for consideration two days early because of the time it takes to receive this vehicle. Ms. Rhoden recommended that the Board approve the low bid submitted by Greeley Dodge, in the total amount of $32,318.00 for the two vans. Commissioner Brantner moved to approve the bid from Greeley Dodge for the two vans at a cost of $16,159.00 per van. The motion, second.-24 by Commissioner Kirby, carried unanimously. PRESENT AND APPROVE HANDICAP VAN - HUMAN RESOURCES: Ms. Rhoden said only one bid, from Greeley Dodge in the amount of $22,762.00, had been received for this van. She said she contacted several other companies and they explained why they had not submitted a bid. Ms. Rhoden recommended that the 10-day waiting period be waived and this bid be accepted. Patsy Drawer, representing the transportation division of Human Resources, came forward to make comments concerning this van. Commissioner Kirby moved to approve the bid from Greeley Dodge in the amount of $22,762.00. Commissioner Lacy seconded the motion which carried unanimously. BUSINESS: NEW: CONSIDER GRAVEL AGREEMENT WITH HURST CONSTRUCTION COMPANY AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Lacy explained this agreement and moved to approve and authorize the Chairman to sign. The motion, seconded by Commissioner Brantner, carried unanimously. CONSIDER RESOLUTION RE: TEMPORARY CLOSURE OF WCR 20 BETWEEN WCR 13 AND 15: Commissioner Lacy moved to approve this Resolution. Commissioner Brantner seconded the motion and it carried unanimously. CONSIDER RESOLUTION RE: ADOPTION OF POLICY CONCERNING JAIL WORK RELEASE PROGRAM AND INCORPORATION OF SAID POLICY INTO THE ADMINISTRATIVE MANUAL: Don Warden said this policy concerns individuals who are on the Work Release Program in other counties, but are employed in Greeley. He said Weld County is guaranteed full cost recovery, and these individuals can be accommodated if space is available. Commissioner Kirby moved to approve this Resolution. Seconded by Commissioner Lacy, the motion carried unanimously. Minutes — November 17, 1986 Page 2 i CONSIDER PEAK HEALTH PLAN AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden said he recommends approval of this plan, pursuant to Federal Law which requires that Peak Health RHO be offered to employees. Commissioner Brantner moved to approve the Peak Health Plan and authorize the Chairman to sign. Commissioner Lacy seconded the motion and it carried unanimously. CONSIDER ADMINISTRATION AND CONSULTING CONTRACT WITH JAMES BENEFITS AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden said this concerns the self-insured program, and the contract is basically the same as it has been in the past years. Commissioner Lacy moved to approve the Administration and Consulting Contract with James Benefits and authorize the Chairman to sign. The motion, which was seconded by Commissioner Brantner, carried unanimously. CONSIDER AGREEMENT BETWEEN AIMS COMNITY COLLEGE AND AMBULANCE SERVICE AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden said this Agreement concerns authorization for certain Aims students to ride along in the ambulance. Commissioner Brantner moved to approve this Agreement and authorize the Chairman to sign. Seconded by Commissioner Lacy, the motion carried unanimously. CONSIDER TITLE VII BILINGUAL EDUCATION GRANT PROPOSAL AND AUTHORIZE CHAIRMAN TO SIGN: Scott Ernest, representing Euman Resources, presented this item to the Board, saying that this is a competitive grant application. Commissioner Brantner moved to approve this Grant Proposal and authorize the Chairman to sign. Commissioner Lacy seconded the motion which carried unanimously. CONSIDER EY1RGENCY ORDINANCE #146-A - IN MATTER OF SETTING KILL LEVY AND APPROPRIATION FOR STATE BOARD OF EQUALIZATION ObDER: Mr. Warden read this Emergency Ordinance into the record. There was no public testimony concerning this Ordinance. Commissioner Lacy moved to approve Emergency Ordinance #146-A and direct the Clerk to the Board to have published forthwith. The motion was seconded by Commissioner Brantner and carried unanimously. FIRST READING OF ORDINANCE #9-E CONCERNING INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS: Wes Potter, representing the • Health Department, explained the changes in this Ordinance and read it into the record. No public testimony was offered. Commissioner Kirby moved to approve the first reading of Ordinance #9-E and direct the Clerk to the Board to have published forthwith. Commissioner Brantner seconded the motion and it carried unanimously. FIRST READING OF ORDINANCE #84-F - IN MATTER OF REPEALING ORDINANCE #84-E AND RE-ENACTING TEE SETTING OF FEES FOR SERVICES PROVIDED BY WELD COUNTY GOVERNMENT: Ordinance #84-F was read into the record by Mr. Warden. No cue in the audience offered public testimony. Commissioner Lacy moved to approve the first reading of Ordinance #84—F and direct the Clerk to the Board to have published forthwith. The motion, seconded by Commissioner Brantner, carried unanimously. FIRST READING OF ORDINANCE #82-F - IN MATTER OF REPEALING ORDINANCE #82-E AND RE-ENACTING THE SETTING OF FEES FOR SERVICES PROVIDED BY WELD COUNTY HEALTH DEPARTMENT: This Ordinance was read into the record by Mr. Warden. There was no public testimony offered concerning the Ordinance. Commissioner Lacy moved to approve the first reading of Ordinance #82-F and direct the Clerk to the Board to have published forthwith. Seconded by Commissioner Brantner, the motion carried unanimously. Minutes - November 17, 1986 Page 3 PLANNING: RE #939 - MEEK: Debbie de Beache, representing the Planning Department, said this request for Recorded Exemption #939 was submitted by Roger and Glatha Meek. She said the recommendation from the Planning staff is for approval, subject to one condition. Jolene Meek, daughter-in-law representing the applicants, came forward to answer questions of the Board. Commissioner Lacy moved to approve RE #939 for Roger and Glatha Meek. Commissioner Brantner seconded the motion and it carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. Emergency Ordinance #146-A was read and approved today, and first readings were had for Ordinance U9-E; #84-F; and #82-F 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 9:40 A.M. APPROVED: • ATTEST: 7' �- 7 CL24'{u yv' BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder • e ,and Clerk to the Boa d ' Ja quel e John:o., Chairman Deputy County •rk Go icy, o-_ ene B. J � Brantne /C..G.�Yirby a c Tama ch Minutes — November 17, 1966 Page 4 RECORD OF PROCEEDINGS AGENDA Wednesday, November 19, 1986 Tape #86-76 ROLL CALL: Jacqueline Johnson, Chairman Gordon E. Lacy, Pro-Tem Gene R. Brantuer C.W. Kirby Frank Yamaguchi MINUTES: Approval of minutes of November 17, 1986 ADDITIONS TO AGENDA: Added as Item 41 under Bids - Present and Approve two IBM 3380 Disk Drives - Computer Services APPROVAL OF CONSENT AGENDA: DEPARTMENT BEADS AND 1) Drew Scheltinga, Engineering Director ELECTED OFFICIALS: 2) George Goodell, Road & Bridge Director COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BUSINESS: OLD: 1) Consider Resolution re: Suspension of operations on uneconomical Oil and Gas Wells (cont. from 10/8/86) NEW: 1) Consider Resolution re: Establishment of new conditions to mineral leasing policy 2) Consider Resolution re: Cancellation of Social Services warrants for October, in amount of $9,233.17 3) Consider disbursement of monies for Veterans Service for October 4) Consider LEAP Vendor Agreements and authorize Chairman to sign 5) Set hearing date concerning extension of termination date of weed districts 6) Consider Gas Division Order from MGF Oil Corporation on Ni, 532, T4N, R61W and authorize Chairman to sign 7) Consider Resolution re: Health Insurance benefit holiday 8) Consider Resolution re: Acceptance of Kiowa Drive for partial maintenance PLANNING: 1) Preliminary Plan for Wilmer Subdivision - Oase CONSENT AGENDA APPOINTMENTS: Nov 19 - State Highway Commission Meeting 2:30 PM Nov 20 - Island Grove Park Advisory Board 3:30 PM Nov 24 - Work Session 1 :30 PM Nov 24 - NCMC Board of Trustees 4:00 PM Nov 25 - Health Board 9:00 AM Nov 25 - Housing Authority 11:30 AM Nov 25 - Communicat_ous Advisory Board 2:00 PM Nov 27 - HOLIDAY Nov 28 - HOLIDAY HEARINGS: Dec 1 - Service Plan, Pine Lake Sanitation District (cont. from 11/12/86) 10:00 AM Dec 10 - Weld County Comprehensive Plan 10:00 AM Dec 10 - Final apportionment of costs, Antelope Hills Improvement District 2:00 FM Dec 10 - USR, Agricultural service establishment, Monfort of Colorado 2:00 PM Dec 17 - USR, Natural gas liquid extraction facility, Diversified Operating Corporation (cont. from 11/12/36) 2:00 PM REPORTS: 1) Dept. of Social Services — Statement of Receipts & Expenditures for October COMMUNICATIONS: 1) William Condon, Jr. - Letter of resignation from Board of Adjustment 2) County Council News Release and minutes of October 23 3) Mined Land Reclamation Division re: Renewal of Permit #C-81-028 to Coors Energy Company 4) Nuclear Regulatory Commission info. re: Fort St. Vrain 5) Northern Colo. Water Conservancy District - Water Summary Information (available in Clerk to Board's Office) 6) Bureau of Land Management re: Powder River Regional Coal Team 7) Certificates of Insurance - Union County Electric Cooperative, Inc., and Union Rural Electric Association, Inc. 8) Utilities Coordinating Committee agenda for November 20 RESOLUTIONS: * 1) Approve Gravel Agreement with Hurst Constuction Company * 2) Approve Peak Health Plan * 3) Approve Administration and Consulting Contract with James Benefits * 4) Approve Agreement between Aims Community College and Ambulance Service * 5) Approve RE #939 - Meek * 6) Approve cancellation of Social Services warrants for October * 7) Approve disbursement of monies for Veterans Service for October * 8) Approve establishment of new conditions to mineral leasing policy * 9) Approve Health Insurance benefit holiday * 10) Approve suspension of operations on uneconomical Oil and Gas Wells * 11) Approve acceptance of Kiowa Drive for partial maintenance * Signed at this meeting RESOLUTION RE: APPROVE AGREEMENT FOR THE USE OF GRAVEL BETWEEN WELD COUNTY AND HURST CONSTRUCTION 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, the Board has been presented with an Agreement for Use of Gravel between Weld County and Hurst Construction Company, and WHEREAS, said Agreement involves the use of gravel from Weld County' s Sheffler Gravel Pit, with the terms and conditions being as stated in the Agreement, and WHEREAS, after review, the Board deems it advisable to approve said Agreement, a copy being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Use of Gravel between Weld County and Hurst Construction Company 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 17th day of November, A.D. , 1986. yyy�� BOARD OF COUNTY COMMISSIONERS ATTEST: // lfn ( n 4SUl"-/ WELD COUNTY, COLORADO \ Weld County Clerk and Recorder ,�. and Clerk to the Board Ca que 'ne o`ns , Chairman 9C-7/1 yyc ro-Tem putt' County lerk APPROVED AS TO FORM: Gene R. Bra ner ( C.h'., G ( � y43( r ounty Attorney <��i /,�jtj Frank Yamaguc �J 861099 AGREEMENT FOR USE OF GRAVEL FROM WELD COUNTY' S SHEFFLER GRAVEL PIT ON CERTAIN WELD COUNTY ROADS SERVING AS MINUTE MAN MISSILE BASE ROADS THIS AGREEMENT, made and entered into this 10th day of November , 198 , by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, 915 Tenth Street, Greeley, Colorado 80631 (hereinafter "County") , and FIRST CONSTRUCTION COMPANY, Drawer 630 , Sterling, Colorado 80751 (hereinafter "Hurst") . WITNESSETH: WHEREAS, Hurst has requested permission from County to obtain gravel from Weld County' E Sheffler Gravel Pit, located at Weld • County Roads 135 and 132 , for use in the construction of certain minute man missile base roads under Colorado Project OM-AD300 (31) , and WHEREAS, certain Weld County Roads are included in the construction project contemplated herein , and WHEREAS( County believes that it is in County' s best interests to allow Hurst to obtain said gravel for use only upon Weld County Roads within the project. NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, County and Hurst-. agree as follows: 1 . Hurst may remove approximately 15A,Q0 cubic yards of gravel from the Sheffler Pit for use upon Weld' County Roads under Colorado Project OM-AD300 (31) . 2. Hurst shall pay County for the cost of reclaiming the area within the Sheffler Pit from which the gravel is removed for said construction project. County estimates the cost of said reclamation as approximately 20% of the total gravel pit reclamation cost; or $1 ,000. 00 . 3. Hurst shall slope the banks of said gravel pit once it has removed the gravel on a 4: 1 slope. County' s Mining Supervisor , Ken Schraeder, will inspect the sloping work performed by Hurst and will make final approval of said work. Hurst must obtain said final approval prior to the completion of the sloping work. S Page 1 of 2 Pages 4 Y, IN WITNESS WHEREOF, the parties hereto have assigned their signatures this 17th day of November , 1986. _ BOARD OF COUNTY COYIAISSIONERS ATTEST"Li U/n�na IL FJ..cL !lini WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Bo J. cqu Z ine o 'nson, Chairman D putt' County rk HURST CONSTRUCTION COMPANY By: A Jam ' ile cCBSCRIBED AND SWORN , to before me this ,Z7 day of 1701.1e/774-tot . 19 £ , by 6. 7 4u. sJ• WITNESS my hand and official seal. 'ta Public _ � • My commission expires: SUSAN K NANCE,Notary Pu6(ic My Commission Expires 12-31.88 Page 2 of 2 Pages crr , mEmoRAn®um wiuse To clerk tQ th�_Board Dace Nc]vei[yPY 7{L 19RF,_ COLORADO From Cp2LQe C:S dell Dirxfior Roan -rd Brid subjecttroLUse Of_Cravel 7,2iiirst_Construction_Cocpary Attached is an agreement that has been signed by Hurst Construction for use of gravel from the Sheffler Gravel Pit for Minute Man Missile Base roads. Please place this item on the next Ward Meetings Agenda. GG/dm Encl. cc: Cormissioner Gordon Lacy Kenny Schraeder, Road and Bridge Supervisor (Mining) Engineering Files: Sheffler Gravel Pit R & B Correspondence Files: Missile Sites; Gravel Pit Correspondence ll RESOLUTION RE: APPROVE AGREEMENT BETWEEN WELD COUNTY AND PEAR HEALTH PLAN 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 Group Medical and Hospital Service Agreement between Weld County and Peak Health Plan, and WHEREAS, the term of said Agreement is from January 1, 1987, through December 31, 1987, with the further terms and conditions being as stated in the Agreement, and WHEREAS, after review, the Board deems it advisable to approve said Agreement, a copy being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Group Medical and Hospital Service Agreement between Weld County and Peak Health Plan 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 17th day of November, A.D. , 1986. •ATTEST: 1 U, wE&±&Utu�ltts✓ BOARD OF COUNTY COMMISSIONERS WELD COUNTY C COLORADO Weld County Clerk and Recorder � and Clerk to the Board J cqu i e n on, Chairman i - f J 'IiCti cmc O , 04,17“—A-ez) G , Pro-Tea putt' Countyerk ,,1 APPROVED A TO FORM: ene R. B ntner (erytett- C.W. Kirb� C G O�� . County Attorney Fra - Y ug 861101 p • Peak! ea th Plan GROUP MEDICAL AND HOSPITAL SERVICE AGREEMENT SIGNATURE PAGE A HEALTH MAINTENANCE ORGANIZATION Z. Colorado Springs:829 N.Circle Dr.,Colorado Springs,CO 80909 (303',574-7325 „7.Pueblo:635 W.Corona St.,Suite 101, Pueblo,CO 81004 (303)542-2685 a Ft. Collins:Creekside Two,2629 Redwing Road,Suite 150, Ft.Coffins,CO 80526 (303)223-9898 Denver:5680 S. Syracuse Circle,Suite 512, Englewood,CO 80111 (303)779-4700 This Agreement,consisting of the attached Group Medical and Hospital5ermca Agreement,Benefit Explanation,applicable Supplemental Benefits.a any,and this Signature Page,hat been entered Into between Peak Health Plan,Ltd.,and the Subscribing Group(named below).In consideration of the monthly prepayment to be paid to Peek Health Plan.Lte.by Subscribing Group on behalf of a1glbN and enrolled employees and dependents),Peak Health Plan.Ltd..agrees to arrange necessary medical and hospital services and other benefits as apecifled herein,In accordance whh the terms,conditions,limitations and exclusions of this Agreement 1) NAME AND ADDRESS OF GROUP: 3) GROUP NUMBER(S): - :- .. 4) SERVICE AREAS: • - C El Paso County,Woodland Park and its contiguous suburbs. C Pueblo County. C Northern Colorado 2) GROUP RENEWAL DATE - -- Denver Region:Adams.Arapahoe,.ietforson.Denver,and Douglas Gour(ets. Monte Day 5) ELIGIBILITY:In addition to the requirements herein,employee eligibility will be as follows—• - 6) NEWLY HIRED ELIGIBLE EMPLOYEES AND TERMINATED EMPLOYEES;In addition to the requirements herein,eligible employees will have coverage provided and premium due as follows; c. - 7) GROUP RE-ENROLLMENT PERIOD: Membership applications, subject to the terms of the attached Agreement,shall be accepted as _ follows: ...,..' o.'.'; _.-. 8) OTHER ATTACHMENTS: 9) BENEFIT PLAN: C Design I Z. Design II 7, Design III Z Design IV C Design V C Design VI Contract Type(Medical) Total Monthly Rates Employee Only $ Employee and one Family Dependent Employee and two or more Family Dependents $ - • The foregoing rates shall remain effective subject to the terms and conditions of the attached Agreement and any attachment specified on this page through 't'`-' ,��' ^-- > 10) SUPPLEMENTAL BENEFITS:In addition to the attached Agreemtnt( 't"'-.,)and Benefit Explanation( ) the following Supplemental Benefits are included: C Prescription Drug Supplement Rx3 MD 09( ) C Extended Mental Health Supplement MD 62( ) D Prescription Drug Supplement Rx5 MD 119( =�!'`)1 C Medicare Supplement MD 79( ) - Vision Care Supplement MD 66( Dental Supplement C Basic MD 101( ) ❑ Comprehensive MD 102( ) C Comprehensive/Orthodontic MD 03( Contract Type(Dental) Total Monthly Rates Employee Only $ Employee and one Family Dependent $ _ Employee and two or more Family Dependents S _ Other. _ - 11) Executed in Colorado effective as of: , - - - USCRIBING GROUP EAK h (Sign furs of tn 'zed Repreaen taw) (Date) of Au oozed Nepreaentatlre) ( aq (TYpe or Print Above Neme) (rYp o of Print Above Name) (Titlel - (Tune) MO 18(f$5) White:P.N.P.Enrollment Department YeuoW.P.14 P.Regional Marketing Dept, Pink'Employer 6611.31 Attachment # 1 Employer Name: Weld County Peak Health Plan Rates: Design IV, Rx 5, Extended Mental Health Contract Period: from January 1, 1987 through Decembe:c 31, 1987 Contract Total Employer's Type Monthly Rate Contribution Single $ 80.59 $ 44.00 Family $ 189.62 $ 44.00 NC08 (6/84) 1 ATTACHMENT f 2 Employer Name: Weld County Alternate Carrier's gams: Self Funded Plan • Alternate Carrier's Rates: (Medical coverage only) Contract Period: from January 1,1987 through December 31, 1987 Contract Total Employer's Type Monthly Rate Contribution Single $ 60.00 $ 44.00 Family $ 136.00 $ 44.00 • Peak Health Plan. Ltd. must be notified before the fact if the above information is changed. NCO8 (6/84) Attachment # 3 Pea all th A/IFALTI dq(7(WZAIXN OF NORTHERN COLORADO Collection of Premium and Effective Date of Cover._LL for Newly Hired Employees and Collection of Premium and Coverage Termination for Terminated Employees Effective Date of Coverage for Newly Hired Employees: Newly hired eligible employees will have an effective date of coverage on the first day of the month occurring on or following the date of hire (or on the first of the Month following an employer-imposed eligibility waiting period). Initial Monthly Rate Due for Newly Hired Employees: Newly hired eligible employees will be charged a full monthly premium. Effective Date of Termination: Employees who terminate employment will have coverage through the end of the month in which the last premium was submitted to Peak Health. Collection of Premium for Ter1: in.:ted Employee: Terminated employees will be charged (through the employer) a full monthly premium in the month they terminate employment. Computer Code A - Standard Policy A 12/15/6o e 2629 Redwing Road.Suite 150 Fort Collins,CO 80526 (303)223-9898 A Attachment # 4 DESIGN IV COPAYMENT SCHEDULE ARTICLE XVIII MD11 (10/84) ARTICLE XVIII-COPAYMENT SCHEDULE FOR DESIGN IV Copayments, as listed below, or the actual charges if less than the Copayment, are to be paid by each Member to the provider before services are rendered. In most cases these charges are a one- time-per-day cost to the Member for all services provided on that same day,except for Supplemental Benefits or services for which a separate Copayment is provided for in this section for benefits received from a non-Medical Group Referral Provider. Emergency Room Copayment is waived if the Member is directly admitted as a registered bed patient to that Hospital.This Copayment Schedule is limited by and subject to the definitions and procedures in the preceding Benefit Explanation, Supplemental Benefit Explanations, if any,and attached Group Medical and Hospital Service Agree- ment. If no Copayment is listed for a particular benefit or service,then no Copayment is due from the Member for that service. Service Copayment Medical Group Visit $3O0 per visit per person for all Covered Services provided on the same day (not including Sup- plemental Benefits or services for which a separate Copayment is provided for in this sec- tion). Referral Provider $3.00 per visit per person for all Covered Services (nonemergency) (not including Supplemental Benefits). Physician's Home Visit $3.00 per visit per person. Limited to the Service Area. In-Area Emergency Care $15 per visit per person for Covered Services (waived if admitted to Hospital). Out-of-Area Emergency Care $15 per visit per person for Covered Services (waived if admitted to Hospital). Copayment is charged if Covered Services are rendered in an emergency room or in a doctor's office. Mental Health Visit $25.00 per visit per person. Mental Health Hospitalization No charge for first day,$25 per day thereafter with a limit of up to 20 Mental Health inpatient days per year MD120 (4/85) DESIGN IV SUPPLEMENTAL BENEFIT EXPLANATION FOR PRESCRIPTION DRUGS Rx 5 ARTICLE I-PURPOSE AND FUNCTION OF THIS EXPLANATION This Benefit Explanation is an amending attachment to the Peak Health Plan, Ltd. Benefit Explanation and may be referred to in other Peak Health materials as the Prescription Drug Supplement.The purpose of this Supplement is to pro- vide benefits for outpatient Prescription Drugs in addition to those specified in the Benefit Explanation.Where contradic- tions in wording exist, the provisions of this Supplement will supersede those of the Benefit Explanation. ARTICLE II—DEFINITIONS Prescription Drugs: Those drugs which federal or state law prohibits dispensing without a prescription by a physician or dentist.A compound substance shalt be considered to be a Prescription Drug if one or more of the Items compounded is a prescription drug. ARTICLE III—PRESCRIPTION DRUG BENEFITS - a) Drugs for which a prescription Is required by law. b)Insulin and diabetic supplies,including insulin syringes, needles, glucose test tablets and test tape,and acetone test tablets. c) Compound dermatological preparations which must be prepared by a pharmacist in accordance with a physician's prescription. ARTICLE IV—LIMITATIONS AND EXCLUSIONS A. The quantity or amount supplied per prescription (or refill thereof) shall be for such quantities as determined by the Primary Care Physician or Referral Physician but in no event shall the quantity exceed a 34-day supply or 100 unit-doses, whichever is less. For oral contraceptives,the maximum amount supplied ;halt be a one-month supply per $5.00 Copay- ment. Except for compound substances only one drug or item will be dispensed per prescription. B. Experimental drugs, including those labeled "Caution—Limited by Federal Law to Investigational Use,"and drugs found by the Food and Drug Administration to be ineffective are excluded. • C. All benefits must be prescribed by a Primary Care Physician, a Referral Physician,or a licensed dentist. D. Prescriptions must be filled at the Medical Group Pharmacy or other pharmacy designated by Peak Health. E. If a Medical Emergency occurs out of the Service Area,Peak Health may waive the limitations in Article IV,Sections C and O of this Explanation to provide coverage for a short-term supply of Prescription Drugs directly related to that Medical Emergency(minus$5.00 Copayment). F. Nonprescription contraceptive devices (e.g., condoms, spermicidal agents, etc.) are excluded. G. Drugs related to the treatment of noncovered medical services are excluded. H. Over-the-counter drugs (i.e., not requiring a prescription to be dispensed)are excluded. Examples of excluded over-the- counter Items include: aspirin, antacids,oxygen,cosmetics, medicated soaps, food supplements, bandaids, etc. I. Peak Health reserves the right to determine coverage and the extent of coverage of newly developed prescription drugs. J. Drugs determined by the Medical Director to be ineffective are excluded. ARTICLE V—COPAYMENTS Either a Copayment of$5.00 per Prescription or the normal retail price charged for the Prescription by the Medical Group or other pharmacy specified by Peak Health,whichever is less,must be paid each time a Prescription Is filled or refilled. MD 119(4/85) nr, SUPPLEMENTAL BENEFIT EXPLANATION FOR MENTAL HEALTH SERVICES ARTICLE I • PURPOSE AND FUNCTION OF THIS EXPLANATION This explanation,which is referred to as the Extended Mental Health Benefit(EM'y8), is an amending attac^rent to the Peak Health Plan, Ltd., Benefit Explanation.The EMHB,chosen at the employer's option, includes those mental health Services specified in the Benefit Explanation. Where contradictions in wording exist, the provisions of the EMHB will supersede those of the Benefit Explanation,except that the EMHB shall in no way limit Covered Services otherwise pro. vided. The services listed below are a benefit of Peak Health when performed, referred or authorized by a Primary Care Physi- cian. The type and duration of treatment as well as selection of facility or program are at the discretion of the mental health professional designated by Peak Health, within the limits specified below. ARTICLE II - EXTENDED MENTAL HEALTH BENEFITS Subject to the exclusion and limitations and Copayments described herein,the following mental health services will be provided: A. Ambulatory Care - Evaluation, crisis intervention and therapy for mental health problems, and counseling visits in a specialized program for substance abuse are provided when performed, referred,or authorized by a Primary Care Physi- cian or the Medical Director. These services may include individual or group therapy or diagnostic eva!•„ation at the discretion of the mental health professional designated by Peak Health. B. Hospital Care • Inpatient services for mental disorders are covered, subject to the applicable Copayment Schedule, when authorized in advance by a Primary Care Physician or the Medical Director. C. Care While Hospitalized - During prescribed hospitalization, Covered Services for psychiatric conditions are provided without charge. The benefit includes services of the Referral Physician and mental health professionals as arranged, referred, or authorized by the mental health professional designated by Peak Health or the Medical Director. D. Residential Care - Inpatient services of a specified residential treatment facility for alcohol abuse are covered when authorized by the mental health professional designated by Peak Health. These services include room and board and the services of the professional staff of such a facility. ARTICLE III • LIMITATIONS AND EXCLUSIONS A. Ambulatory care is covered up to twenty(20) mental health visits per calendar year, including covered mental health or alcohol or drug abuse visits for crisis intervention or evaluation provided under the Benefit Explanation, and ten (10) counseling visits per calendar year for substance abuse. B. Hospital care is covered up to 45 days per calendar year, including any inpatient care for an acute mental disc rder or detoxification provided under the Benefit Explanation, C. Residential care for alcohol abuse services shall be limited to two (2) admissions in a Member's lifetime. D. Once a diagnosis is established, if the condition is not treatable within the limits described herein according to gen- erally accepted local practice as determined by Peak Health's Medical Director after consultation with the mental health professional, therapy for that condition will not be covered. E. The following types of treatment are excluded: mental health services for mental retardation or autism after diagnosis: vocational, marriage, sex counseling; remedial education including evaluation or treatment of learning disabilities, speech difficulties, etc; and individual treatment for smoking, weight loss, or personal growth. F. Any services mandated by court order or as a condition of parole or probation are excluded. ARTICLE IV • CO PAYMENTS Each member must pay a Copayment of $25 directly to the provider before each office visit; $25 pt'day for care in a specified residential treatment facility; and $25 per day for inpatient mental health hospitalizations (days 21-45). The initial day's Copayment is the same as the member's base plan Copayment for inpatient admissions. Any additional Copayments will be assessed according to the Copayment Schedule in the Benefit Explanation under which the Member is covered. MD 62 (4/85) • PEAK HEALTH PLAN, LTD. GROUP MEDICAL AND HOSPITAL SERVICE AGREEMENT THIS AGREEMENT is made and entered into this day and date by and between Peak Health Plan, Ltd. , a Colorado limited partnership health maintenance organization (hereinafter referred to as Peak Health) and the subscribing Group (hereinafter referred to as Group , as shown on the attached Signature Page) . Whereas, in consideration of the foregoing and of the prepayment of monthly charges provided for herein and of mutual promises and benefits hereinafter described, the parties agree as follows: I. GENERAL 1.1 General. Group engages Peak Health to provide or arrange for provision of Covered Services for members of Group who voluntarily enroll for said services, in accordance with the covenants and conditions hereinafter described and in reliance upon the Statements of each Subscriber in his or her application for health care. This Agreement, the attached Benefit Explanation, Supplemental Benefit Explanations, if any, and other attachments referred to on the Signature Page constitute the entire contract between the parties . 1.2 Subject to Change by Mutual Consent. This Agreement shall be subject to amendments, modifications, or termination in acc•azdance with the provisions herein, or by mutual written Agreement between Peak Health and the Group. II . INTERPRETATION 2.1 Interpretation. In order to provide the advantages of integrated medical and hospital services and of coordinated medical practice . Peak Health operates on a direct-service rather than indemnity basis. The interpretation of this Agreement shall be guided by the direct- service nature of Peak Health's program. III. DEFINITIONS 3.1 Contract Provider: Any Hospital, Skilled Nursing Facility , individual, organization or agency which has a contractual arrangement with Peak Health or Medical Group for the provision of Covered Services. 3.2 Coeayment: The first dollar amount, if any, which must be • paid by members prior to receiving Covered Services not fully prepaid hereunder. • MD10 (10/84) 1 • 3.3 Covered Services: Except as expressly limited or excluded by this Agreement, those Medically Necessary services as indicated in the attached Benefit Explanation and Supplemental Benefit Explanations, if any, including diagnostic, therapeutic and preventive services which are performed, arranged, or authorized by a Health Plan Physician or the Medical Director. 3.4 Expenses or Administrative Expenses: Wherever used herein, the term Administrative Expenses shall include all administrative costs and expenses related to but not limited to reasonable attorney' s fees. 3.5 Family Dependent: Any Member of a Subscriber ' s family who meets all applicable requirements of Articles IV and V and is enrolled hereunder, and for whom the prepayment has been accepted by Peak Health. 3.6 Group Enrollment Period: The period of time, at least ten (13) working days once a year, when all eligible employees will have a choice of enrollment in any provided alternative health plan, as defined on the attached Signature Page. 3.7 Group Renewal Date: The annual anniversary date of this Agreement as set forth on the attached Signature page. 3.8 Health Plan Physician: Any doctor licensed to practice medicine the State of Colorado and practicing either as a partner or as a❑ employee of the Medical Group to provide Covered Services to members. 3.9 Hospital: An institution which maintains affiliation or contractual arrangements with the Medical Group and/or Peak Health for Hospital Services or which is otherwise specified by Peak Health and which :s either: a) An institution which is primarily engaged in providing on an inpatient basis medical care and treatment for sick and injured persons through medical , diagnostic and major surgical facilities , all of which facilities must be located on its premises, under the supervision of a staff of physicians and with twenty-four-hour-a-day nursing service, or b) An institution not meeting all the requirements of (a) above, but which is accredited as a hospital by the Joint Commission on Accreditation of Hospitals or Title XVIII of the Social Security Act . of" 1965 as amended. In no event shall the term "Hospital" include a convalescent nursing home or any institution or part thereof which is used principally as a convalescent facility, rest facility or nursing facility for the aged. 3.10 Medical Director: The physician so specified by Peak Health as the Medical Director. MD10(10/84) 2 3.11 Medical Emergency: A sudden, unforeseen onset of illness or accidental bodily injury subject to the following additional requirements: a) The condition so treated must have required treatment of such immediate nature that the patient's life or health might have been jeopardized had the patient been taken to a treatment location where the services of his/her regular physician or Medical Group would be available, or b) The patient, if an adult, must have been in shock or have been unconscious or otherwise incapable of rational, independent judgment concerning the medical treatment or services rendered, or c) The patient, if a minor, must have been without the presence of an adult member of the patient' s family or legal guardian. 3. 12 Medical Group: The physician or physicians designated by Peak Health to provide Covered Services to Members in the Service Area. 3.13 Medically Necessary: Any service or supply for prevention , diagnosis or treatment which is not excluded and which :s consistent with illness, injury or condition of the Member . These services will be provided in accordance with approved and generaliv accepted medical or surgical practice prevailing in the geographical locality where, and at the t.me when, the service or supply :s ordered. Determination of "generally accepted practice" is the prerogative of the Medical Director of Peak Health. In the event of a disagreement between a Member and a Primary Care Physician as to the medical necessity of a particular service, the Medical Director shall make the 'final determination of medical necessity. 3.14 Medicare Act: Title XVIII of the Social Security Act and all amendments thereto. 3.15 Member: Any Subscriber or Family Dependent duly enrolled in peak Health. 3.16 Primary Care Physician: Any doctor licensed to practice medicine in the State of Colorado and associated with or engaged by a Medical Group in the specific medical fields of Family Practice, :nternal Medicine, Obstetrics/Gynecology or Pediatrics, if made available bv- the Medical Group, or who is specified as a Primary Care Physician by Peak Health for the purposes. of this Agreement. 3.17 Referral Physician: Any doctor licensed to practice medicine in the State of Colorado, or any other state, to whom a Member is specifically referred for Covered Services by a Primary Care Physician. 3.18 Referral Provider: Any provider of medical care to whom a member is specifically referred for Covered Services by a Primary Care Physician. MD10 (10/84) 3 mmmw 3.19 Service Area: The Service Area is the geographical area designated by Peak Health as specified on the Signature Page. 3.20 Skilled Nursing Facility: An institution which is (i) accredited as a Skilled Nursing Facility by the Joint Commission on Accreditation of Hospitals; and (ii) recognized as eligible for payment under the Medicare Act as a Skilled Nursing Facility; or , where (i) and (ii) are not met, an institution which Peak Health through its Medical Director agrees to treat as a Skilled Nursing Facility. 3.21 Subscriber: A person who resides in the Service Area, meets all applicable eligibility requirements herein, is duly enrolled , and for whom the prepayment has been accepted by Peak Health. Iv. ELIGIBILITY 4.1 Eligible Subscriber. To be eligible to enroll as a subscriber , a person must be a resident of the Service Area as specified on the Signature Page and be an employee of the Group or be entitled to coverage under a trust agreement or employment contract as specified on the Signature Page. As evidence of eligibility, a Subscriber must have on file with his/her employer a completed W4 form for report:no payroll deductions or be specifically defined as an eligible employee on the Signature Page. Part-time employees (i .e. , those employees who work or are scheduled to work less than 20 hours per week) are not eligible unless specifically described on the attached Signature Page. 4.2 Eligible Dependents. To be eligible as a Family Dependent, a person must: 1) lie a resident of the service Area (temporary residence outside the Service Area does not render an otherwise eligible Family Dependent , such as a student, ineligible) as specified on the Signature Page; and 2) Be either the Subscriber' s legal spouse or an unmarried dependent child (a natural child, legally adopted child, stepchild, child for whom the Subscriber has court-appointed guardianship, or other c..^__ as determined by Peak Health) if raised as the Subscriber ' s own and for whom the Subscriber has legal or permanent parental responsibility and control. MD10 (10/84) 4 Legally adopted children will be treated as Family Dependents from the moment they ate placed in the custody of the adoptive parents, provided that medical expenses are the responsibility of the Subscriber and not subsidized by the court and if enrolled within thirty-one (31) days from the date of custody. A child temporarily living with the Subscriber is not the Subscriber's eligible Family Dependent even if the Subscriber is the sole support; neither is a child placed in the Subscriber's home by a welfare or social service agency which retains control of the child an eligible Family Dependent. Peak Health may require court-ordered custody papers , other legal documents, or tax returns (submitting tax returns is at the discretion of the Subscriber) to substantiate eligibility. Dependent children will not be eligible for membership hereunder after the end of the calendar year in which they attain the age- of twenty-three (23) , but will be eligible for conversion to a❑ individual, direct-pay plan. 4. 3 Dependents Mentally and/or Physically Incapable of Self Support . A Family Dependent child who is otherwise eligible and is medically • judged to be physically and/or mentally unable to be self-supporting and who is chiefly dependent upon the Subscriber for support and maintenance will be eligible and may be continued as an eligible Family Dependent regardless of age. Acceptable proof of incapacity and dependency must be received by Peak Health wi-thin thirty-one ( 31) days of the date on which the child' s coverage would have terminated in the absence of such incapacity. Additionally, a person who is otherwise eligible to be a Family Dependent but exceeds the age requirements may be enrolled if acceptable proof of incapacity and dependency is supplied to Peak Health and if the handicap occurred prior to Family Dependent age limits. Proof must be furnisned annually if requested by Peak Health. 4.4 Eligibility of Newborns. Newborns are covered at birth but must be formally enrolled within thirty-one (31) days after birth for coverage thereafter. Failure to comply with this requirement may result in termination of coverage thirty-one (31) days after birth. 4.5 Permanent Relocation Out of Service Area. Permanent relocation of a Subscriber out of the Service Area will terminate coverage at the end of the month of such change of residence. At the sole discretion of Peak Health, in certain cases where a Subscriber has been transferred out of the Service Area, coverage may be permitted to continue until the end of the month when all Family Dependents permanently leave the Service Area. 4.6 Acceptable Enrollment. No services or benefits under this Agreement shall be available to anyone not specifically enrolled on acceptable forms. The rights of membership in Peak Health are personal and nonassignable. MD10 (10/84) 5 4.7 Change of Eligibility Requirements. During the term of this Agreement, no change in Group' s eligibility requirements will be permitted to affect eligibility or enrollment in any manner unless such change is effected by mutual written consent between Peak Health and Group. 4 .8 Proof of Eligibility. Peak Health, at reasonable times, may examine Croup' s records to verify eligibility and monthly payments in order to determine compliance with this Agreement. 4.9 Minimum Number of Subscribers. For initial coverage, the minimum number of employees opting for Peak Health must be five (5) Subscribers. The Group must maintain at least (5) Subscribers enrolled or, at Peak Health' s option , this Agreement may be terminated and conversion to an individual direct-pay plan will be allowed. 4. 10 Husband and wife Enrolled through Same Group. If both husband and wife are employed by an employer offering Peak Health and each is enrolled in his/her own right as a Subscriber and one terminates employment, the remaining emplcyed spouse may add the husband or wife, and any Family Dependent covered by Peak Health at that time, as a Family Dependent without evidence of insurability and without waiting for the next Group Enrollment Period provided , however, that enrollment occurs within thirty-one (31) days after coverage terminates, This provision will also apply to any eligible Family Dependent (other than a spouse) who was enrolled in his/her own right as a Subscriber. 4. 11 Infant Child of Dependent. An infant child of a Family Dependent is • ineligible for Peak Health unless the infant is otherwise eligible and enrolled as a Family Dependent of the Subscriber. 4.12 Previously Terminated Members. No person shall be eligible for membership hereunder who has had Peak Health coverage under any Peak Health Agreement terminated for cause, as described in Article IX. Additionally, no person shall be eligible for membership hereunder if such person has unpaid financial obligations to peak Health arising from prior Peak Health membership. 4.13 Eligibility of Dependent Contingent on Subscriber. A Family Dependent is eligible only as the Family Dependent of an enrolled Subscriber. Coverage as a Family Dependent under this Agreement will be terminated if the Subscriber terminates coverage. 4.14 Medical Group Selection. If Peak Health makes more than one Medical Group available in the Service Area, the Subscriber must select one Medical Group for both him/herself and all eligible Family Dependents at the time of enrollment. The Subscriber must select a Medical Group in the Service Area in which he/she resides. MD10 (10/84) 6 • V. ENROLLMENT/COMMENCEMENT OF COVERAGE 5.1 Commencement of Coverage. During the initial Group Enrollment Period and subsequent Group Enrollment Periods, all eligible employees and their Family Dependents, as set forth herein, may be enrolled by submitting completed enrollment forms. Coverage shall commence as of - the effective date specified on the attached . signature Page. 5.2 Annual Enrollment Period. Under conditions no less favorable than under any alternative health plan available through the employer , the Group will have a Group Enrollment Period at least once a contract year and for not less than ten (10) working days during which all eligible employees are offered a choice of enrollment. 5.3 Newly Hired/Transferred Employees and Dependents. As specified on the attached Signature Page, the Group may enroll newly hired employees and their eligible Family Dependents only by submitting an enrollment form no later than thirty-one (31) days after the end of the probationary period (that period of time established by an employer before employees become eligible for health benefits) , if applicable, or within thirty-one (31) days after the date of hire. Coverage for newly hired eligible employees and their eiig:ole dependents is effective as of the date described on the Signature Page. The Group may enroll employees who transfer into the Service Area ( i.e'. , those employees who move and become residents of the Service Area) and their eligible Family Dependents only by submittinc an enrollment form no later than thirty-one (31) days after the date of transfer into the Service Area. Coverage is effective as of tae first of the month coincident with or next following the date of transfer. 5.4 Employee on Leave of Absence. If an otherwise eligible employee is on an approved leave of absence at the time of the Group Enrollment Period, the employee and eligible Family Dependents may enroll during the Group Enrollment Period or within thirty-one (31) days after returning to work. 5.5 Enrollment of Existing/Newly Acquired Dependents. . An employee must enroll all or any eligible Family Dependents at the same time he/she enrolls or wait for the next Group Enrollment Period. However , newly acquired Family Dependents (e.g. , through marriage, adoption, birth , etc.) must be enrolled within thirty-one (31) days of the date of acquisition, with coverage effective as of the date of acquisition or wait for the next Group Enrollment Period. 5.6 Enrollment of Newborns. A newborn child is covered from birth (as required by Colorado regulations) . Coverage will continue or terminate as follows: 1) In the case of premium change, coverage will terminate if Peak Health is not notified within thirty-one (31) days after birth, if a change form is not submitted, and if all applicable charges are not rendered; or 2) In the case of no premium change, coverage may be terminated if Peak Health has not received a change form within thirty-one (31) days after birth. MD10(10/84) 7 5.7 Enrollment of Adopted Child. An adopted child is covered from the date placed in the custody of the adoptive parent, provided enrolled in accordance with 4.2 and all applicable charges are paid. 5.8 Group Enrollment Limitations. As necessary, Peak Health may limit enrollment with no less than sixty (60) days written notice to the Group, in order to maintain a suitable level of Covered Services to Members. Consistent with this Agreement, newly acquired Family Dependents may be enrolled regardless of enrollment limitations. Limitations may be removed effective immediately upon written notice to the Group. 5.9 Deletion of Dependents. Subscribers who delete Family Dependents (e.g. , through death, divorce, marriage of a Family Dependent, etc . ) must complete a Peak Health change form within thirty-one (31) days of the change of status.' Changes in coverage and monthly prepayment become effective on the first day of the month following such change of status. 5.10 No Preexisting Condition. No person who duly enrolls in accordance with this Agreement shall be refused enrollment or reenrollment or be terminated because of his/her health status or the existence of a preexisting physical or mental condition . Applications for enrollment shall be on enrollment forms furnished or approved by Peak Health. 5.11 Nonenrolled Person. Identification cards issued by Peak Health to Members are for identification only. Possession of such card confers no right to service or other benefits. The holder of the card must be a member on whose behalf all applicable charges under this Agreement have actually been paid. Any person receiving services to which he or she is not entitled shall be charged at prevailing rates plus Administrative Expenses incurred in collecting such charges. 5.12 Coverage Before Effective Date and After Termination. Peak Health shall not be liable for any expenses incurred prior to a Member ' s effective date of coverage under this Agreement or after the termination date of coverage, except as provided through Conversion procedures (see Article X) . 5.13 Hospitalization on Effective Date. If a New Member , other than a newborn child, is confined to a Hospital or institution on the date that he or she would otherwise become eligible for coverage, Covered Services shall not be provided until the termination of such confinement, unless the Member agrees to come under the care of Peak Health during such confinement. Upon agreement by the confined Member, financial obligations from the effective date of coverage will be the responsibility of Peak Health, and the professional care shall be continued by a Health Plan Physician or, at the option of Peak Health, by the attending physician. The Member must give notice to Peak Health within 48 hours, or as soon as medically possible after the effective date, of intention to transfer responsibility for care to Peak Health, or services will not be covered. If the hospitalization is one which would not have been deemed Medically Necessary bad the individual been a Peak Health Member when it began, MD10(10/84) 8 cThr".- .- t i • Peak Health will assume no liability for the cost of or provision of care during such hospitalization. Regardless of the above, if a Member, including a newborn child, is confined to a Hospital or institution on the date that he or she would otherwise become eligible for Covered Services and is still eligible for other coverage (such as coverage under the extended benefits of a prior carrier) , Peak Health will provide Covered Services but benefits will be reduced by amounts available under other coverage, regardless whether application is made. 5.14 Change of Medical Group on Change of Residence. In the event Subscriber changes residence within the Service Area, the Subscriber may request to change to a Medical Group closer to his or her residence by submitting a change form to Peak Health. Such change of Medical Groups applies to the Subscriber and. all eligible Family Dependents and will become effective upon the first of the month following thirty-one (31) days from receipt by Peak Health of request for change. 5.15 Change of Medical Group During Group Enrollment Period. If Peak Health makes available more than one Medical Group in the Service Area, the Subscriber may during the Group Enrollment Period select a new Medical Group for him/herself and all enrolled Family Dependents . The Subscriber must submit a change form during the Groupnnro;lment Period for a change to be effective on the Group Renewal Date. VI. RELATIONS AMONG '?ARTIES 6.1 Relations Among Parties. The relationships between Peak Health and Medical Group and between Medical Group and Contract Providers and between Peak Health and Hospitals are independent contractor relationships. Medical Group, Health Plan Physicians , Contract Providers and Hospitals are not agents or employees of Peak Health , nor is Peak Health, or any employee of Peak Health, an employee or agent of Medical Group, Health Plan 'Physicians, Contract Providers or Hospitals. Peak Health shall not be responsible or liable to Members for any act or omission of Medical Group, Contract Providers , Hospitals or Skilled Nursing Facility. 6.2 Physician-Patient and Hospital-Patient Relationship. Health Plan Physicians maintain a physician-patient relationship with Members and are solely responsible to Members for all medical Covered Services. Hospitals maintain a hospital-patient relationship with members and are solely responsible to Members for all ,Hospital Covered Services. 6.3 Nonliability of Group. Neither Group nor any Member is the agent or representative of Peak Health and neither is liable for any acts or omissions of Peak Health or Hospital or any other person or organization with which Peak Health has made or hereafter makes arrangements for performance of Covered Services under this Agreement. MD10(10/84) 9 fl r F VII . CONFIDENTIALITY OF INFORMATION 7. 1 Confidentiality. Any data or information pertaining 11.1117111171 0 the diagnos s ,treatment, or health of any member or applicant obtained from such person or from any provider shall be held in confidence and shall not be disclosed to any person except to the extent that it may be necessary to carry out the purposes of this Agreement, or upon the express consent of the member or applicant, or pursuant to statute or court order for the production of evidence or the discovery thereof , or in the event of claim or litigation between such person and Peak Health wherein such data or information is pertinent. Peak Health may have direct access to any of the member 's medical records necessary to perform administrative functions including but not limited to coordination of benefits and evaluation of quality and utilization of care. VIII . MONTHLY PAYMENTS 8.1 monthly Remittance. Group shall remit to Peak Health on behalf of each subscriber and eligible Family Dependent(s) , if any, the amounts specified on the attached Premium Schedule for each month on or before the last day of the preceding month. A "grace period" shall follow which shall not exceed ten (10) days from the due date, after which the Group shall be in default (see Section IX) . Only Members for whom the stipulated payment has been received by Peak Health are entitled to Covered Services herei;nder and then only for the period for which such payment has been received, Neither Peak Health nor any provider of services under this Agreement shall be held liable for failure or refusal to proide services to Members during any period when such payments are in default. 8.2 Late Payment. If Group makes the monthly payments on a date other than the last day of the month preceding the month of coverage, Peak Health may collect from the Group an interest charge of up to 2% per month of the total premium due for that month. 8 .3 Unexpected Statutory Tax or License Fee. If a State or any other taxing authority imposes upon Peak Health a tax or license fee which is levied upon or measured by the monthly rates due or by Peak Health's gross receipts or any portion of either, then commencing upon the effective date of such tax or license fee, Group shall remit to Peak Health with the appropriate - monthly rates an amount sufficient to cover all such taxes or license fees which are attributable or proratable to the monthly rates. MD10 (10/84) 10 8.4 Retroactive Deletions. If the Group remits monthly subscription charges for ineligible persons, these charges, less the amount of any claims paid and administrative cost of paying those claims, will be refunded upon written request of the Group. If Peak Health identifies a Member's ineligibility, the monthly subscription charges less the amount of any claims paid and administrative cost of paying those claims will be refunded to the Group. Peak Health will submit a written statement explaining such deletions. Under no circumstances will the amount of the refund exceed the monthly charges for six (6) months, less the amount of any claims paid and the Administrative Expenses of paying those claims. 8.5 Retroactive Additions Due to Clerical Error, Clerical errors resulting in failure to enroll new members or clerical errors resulting in terminating a Member from the Group prematurely snail not invalidate provision of Covered Services for valid period of eligibility provided that error is discovered within six (6) months of its occurrence and that, upon discovery of such error , written notice is given to Peak Health with full disclosure of pertinent facts and documentation which establishes to the satisfaction of Peak Health that such failure was indeed due to a bona fide clerical error. A proper adjustment of monthly payment will then be made. 8 .6 Enrollment Change due to Group Negligence. The Group shall reimburse Peak Health for medical expense erroneously incurred by Peak Healtn if such error. is due to the Group' s negligence (such as negligently and/or incorrectly submitting enrollment or change information , delay in payment, etc.) , and Peak Health incurred such medical expenses with the understanding that the person was indeed eligible. 8.7 Copayments. Copayments for certain services as specified in the attached Benefit Explanation and Supplemental Benefit Explanations , : : any, are due and payable by the Member at the time of receiving those services. 8.8 Monthly P yment for Newly Acquired Dependents . Monthly payments for newly acquired Family Dependents (including newborns) must be made as follows: 1) if the birth or acquisition takes place on or between the 1st and 15th of the month, a full monthly premium is due; 2) if the birth or acquisition takes place on the 16th through the end of the month, no monthly premium is due for that month. 8 .9 Equal Treatment of Alternate Carriers. The Group shall include tne Peak Health option in their health benefits plan on terms no less favorable, with respect to the Group's monetary contribution in dollars and cents, than those on which the other alternative(s) are included. If an employer makes several insurance carriers available, the Group must at least equal, in terms of dollars and cents, the largest amount of employer contribution. if the employer contribution varies by insurance plan selected. The Group shall increase the contribution amount to all carriers equally, but the employer is not required to contribute more than any one carrier's premium. MD1H(17/84) 11 . r • IX. TERMINATION AND MODIFICATION 9.1 Term of Agreement. This Agreement shall continue to be in effect as specified on the attached signature Page and from year to year thereafter subject to the following: 9.2 Termination for Cause. During the term of the Agreement or on the Group Renewal Date, Peak Health may terminate this Agreement for violation of the terms contained herein, misrepresentation or fraud by giving thirty-one (31) days prior written notice to the Group. Further, Peak Health may terminate this Agreement for any other cause with the approval of the Commissioner of Insurance and by giving thirty-one (31) days written notice to the Group. 9.3 Termination Without Cause. Peak Health or the Group may terminate this Agreement without cause effective on any Group Renewal Date by giving written notice of termination to the other party at least thirty-one (31) days before the Group Renewal Date. Neither Group nor Member have any automatic rights of renewal. 9.4 Failure To Establish Physician-patient or Hospital-Patient Relation- ship. If a Contract Provider or Health Plan Physician after reasonable efforts (including the use of grievance procedures) fails to establish and maintain a satisfactory Hospital-patient or Physician-Patient relationship with any member , the rights of the Member and all other Family Dependents may be terminated by Peak Health on no less than thirty-one (31) days written notice to the Subscriber and Group. Examples of failure to establish such a relationship include but are not limited to excessive missed appointments, unreasonable patient behavior, and failure to follow reasonable medical advice. The Member whose expulsion is proposed will be notified that he or she may appeal the proposed expllsion through the Peak Health grievance process, provided such appeal is filed in writing within the thirty-one (31) day period, in which case the expulsion will be held in abeyance until a final determination is made pursuant to the grievance procedures. 9.5 Refusal to Accept Treatment. If a member refuses to accept treatment recommended by a Contract Provider or Health Plan Physician and in the judgment of a Contract Provider or Health Plan Physician and the Medical Director no professionally acceptable alternative exists, the Member will be so advised in writing. If the member still refuses to accept the recommended treatment, then the Contract Provider or Health Plan Physician and Peak Health will have no liability or responsibility for services related to that medical condition for so long as the member refuses to accept recommended treatment. 9.6 Failure to Pay Copayment. In the event a Member fails to pay or make satisfactory arrangements for payment of stipulated Copayments , the Member and all Family Dependents may be terminated with not less than thirty-one (31) days prior written notice of termination to the Subscriber and Group. Reinstatement shall be allowed only during the next Group Enrollment period, and only if all Copayments in arrears and Administrative Expenses incurred in collecting or attempting to MD10 (10/84) 12 • collect such charges are paid by the member. 9.7 Inaccurate, Incomplete Information. Members warrant that all information contained in applications, questionnaires , forms or statements submitted to Peak Health incident to enrollment under this Agreement is true, correct and complete. If a member knowingly furnishes incorrect or incomplete information, then the rights of the Member and all Family Dependents may be terminated effective immediately upon written notice. Members so terminated will be liable to pay charges for all Covered Services provided while a Member plus Administrative Expenses incurred in collecting or attempting to collect such charges. Such charges shall be at the usual and customary rates of the health care providers rendering services. The Group will be so advised and Peak Health will return premium to the Group for that Member (s) if applicable. 9.8 Group Termination for Non-payment. If a Group fails to make payment in accordance with Article VIII of this Agreement and is, therefore , in default, this Agreement shall be automatically and without further notice terminated for nonpayment effective the last day of the month for which timely remittance was made. 9 . 9 Procedures In Event of Group Bankruptcy. In the event the Grout becomes subject to the provisions of the federal Bankruptcy Code (1 U.S.C. ss 141 et.seq.) , then the following procedures shall apply . (a) If the Group continues to perform all its obligations during the remaining term of this Agreement and is not in default, Peak Healtc shall not file any motion in Group's bankruptcy case for relief from stay, for adequate protection, or to compel Group or its trustee to assume or reject this Agreement as an executory contract. (b) If the Group fails to submit premium in accordance with Article VIII of this Agreement, such default shall have the same effect as if ( 1) Group had sought and obtained court approval to reject this Agreement as an executory contract pursuant to 11 O.S.C. ss 365 , and (ii) that Group had in fact rejected this Agreement effective the last day of the month for which timely premium remittance was made. (c) If Peak Health elects to terminate this Agreement for cause pursuant to Article IX then Peak Health may give the prior written notice required without causing a violation of 11 U.S.C ss 362; provided , however, that such termination for cause shall not become effective without an order of the Bankruptcy Court authorizing same. 9.10 Reinstatement After Termination. If the Group terminates , reinstatement shall be at the sole discretion of Peak Health. Before being reinstated, the Group must pay any premium is arrears and Administrative Expenses incurred by Peak Health arising from such termination and reinstatement together with interest due of up to 2% per month from the date incurred until the date paid. 9.11 Cessation of Covered Service. In the event of termination by any method specified herein, Covered Services shall cease for all members as of the date of termination of this Agreement, except, however, for any member who is a registered bed patient in a Hospital or Skilled Nursing Facility, in which case all Covered Services otherwise available hereunder will continue for that specific condition under MD14 (10/84) 13 • fir: • • treatment, until either (i) the expiration of such confinement or (ii) determination by the Health Plan Physician that care in the Hospital or Skilled Nursing Facility for that condition is no longer Medically Necessary, whichever occurs first. Obstetrical and newborn care will be provided only if hospitalization occurs prior to the effective date of termination. 9 .12 Changes in Prepayment and/or Benefits. Peak Health reserves the right to make changes in monthly prepayment rate and/or material changes in benefits and provisions of this Agreement. reek Health shall submit to the Group, but not to Members, written notice of any such changes at least thirty-one (31) days prior to the effective date of change. All such changes shall be deemed accepted by the Group unless Group gives Peak Health written notice of nonacceptance within thirty-one (31) days of Peak Health' s notice of change, in hicb event this Agreement, at the option of Peak Health, may be terminated, provided that the Group is given ten (l0) days prior written notice of termination. Any change required by law or made to conform to any governmental program or regulation shall not be subject to the foregoing restriction. X. CONVERSION TO NON-GROUP 10 .1 In Area Conversion. If any Member ceases to qualify as a Memoer for any reason other than termination of membership pursuant to Article IX, then said person may, within thirty-one ( 31) days after termination of said rights, pay appropriate premiums and thereby become a member under the Peak Health Conversion Medical and Hospital Service Agreement, effective as of the date of such termination , regardless of health status. The applicable Covered Services available will be the current conversion program at the time of conversion. Such persons must reside within the Service Area. 10.2 Out of Area Conversion. Regardless of health status, a conversion plan provided by an indemnity insurance carrier with which Peak Health has made prior arrangements will be made available to Members who terminate employment (other than those Members terminated pursuant to Article IX) and who relocate out of the Service Area. Conversion, including paying the required premium (as determined by the indemnity insurance carrier at •the time of conversion) , must take place within thirty-one (31) days from the date Peak Health coverace terminates. 10.3 Group Termination and Non-Conversion. If Group or Peak Health terminates the Agreement for any reason, members will not be afforded conversion privileges. 10.4 Medicare Enrollment. Any Member eligible to enroll in Parts A and 3 of medicare must so enroll and must maintain his or her rights to Medicare benefits as a condition of membership in Peak Health Plan. At its option, Peak Health may remit Medicare premium on that person's behalf and adjust Peak Health's premium rate to that person by an amount which includes the Medicare premium. If required by Peak Health, the Membea: must assign his or her benefits to Peak Health or specified Contract Providers. M010 (10/84) 14 XI . LIMITATIONS 11.1 Rights of Members. The rights of Members and obligations of Peak Health hereunder are subject to the following limitations: 11.2 Force Maj eure: If, due to circumstances not reasonably within the control of Peak Health, such as a major disaster , epidemic, complete or partial destruction of facilities, war, riot, civil insurrection , disability of significant part of Peak Health, Medical Group , Hospitals, Health Plan Physicians or Contract Provider personnel or similar causes, the provision of Covered Services or other benefits covered hereunder is delayed or rendered impracticahle, Peak Health , Medical Group, Hospitals, Health Plan Physicians or Contract Providers will use their best efforts to provide services and other benefits covered hereunder, but neither Peak Health, Medical Group, Hospitals, Health Plan Physicians nor Contract Providers shall have any other liability or obligation on account of such delay or such failure to provide Covered Services. 11.3 Notice of Out of Area Claims. written notice of claim for treatment of accident or sickness occurring out of the Service Area shall be given to Peak Health within thirty-one (31) days after the date of the accident or commencement of the sickness. Notice shall be made at the main office of Peak Health (see section 16.3 for address) . If a Member is hospitalized for a period longer than forty-eight (43 ) hours outside the Service Area for treatment of accident or sickness , the Member shall (or cause the hospital to) telephonically notify Peak Health of the hospitalization. Failure to give such notice within the specified time shall not invalidate or reduce any claim or coverage if it was not reasonably possible to give such notice within the time required, provided written notice of claim is given as soon as reasonably possible. 11.4 Limitations on Recovery. Any action brought to recover on this Agreement • snair be -limited to the Grievance Procedure under Article XV. No action, to include but not limited to complaints regarding denial of claims for payment or for services, may be brought more than one (1) year after the event which precipitates the action. 11.5 No Obligation To Pay. Benefits will be reduced by benefits provided by free clinics, government-free programs, court-ordered care, study grant for research programs or for that portion of any charge which would not be made but for the availability of benefits herein. lis6 Federal ( State, And Other Laws; Employer Responsibility; And Third Par- ty Liability. Benefits for any illness or injury whicn are tae responsibility of an employer, governmental body, self-insurance, other insurance, third party, 'or individual will be reduced by benefits which are available or could be available through application for coverage. This provision includes but is not limited to care for any illness, injury or condition for which or as a result of which a payment or any other benefit (including amount received in settlement of claims therefor) is provided or is required to be provided either: MD10 (10/84) 15 nF-; • (a) Pursuant to any federal, state, county or municipal law or ordinance (including but not limited to Worker' s Compensation, employer' s liability law, Colorado State law requiring No Fault automobile insurance, care for service—connected disabilities provided by the Veterans Administration and other legislation of similar purpose or import) , or (b) While a Member is on active duty in a uniformed military service. If there is reasonable doubt whether any benefit is available or required to be provided because of such illness, injury or condition pursuant to such a law or from such a source and the Member seeks diligently to establish his or her rights to benefits, then service that otherwise would be provided under this Agreement will be provided. However, the vilue of such services at normal fee-for- service rates is recoverable by Peak Health or its nominee from any person, organization or agency providing benefits or from whom benefits are due, or from the Member to the extant that monetary benefits are provided or payable or would have been required to be provided if the Member had diligently sought to establish his or her rights to such benefits. Specifically, Peak Health does not cover any medical expenses that are required to be covered by a complying policy under the Colorado Auto Accident Reparations Act. A Member who does not have in effect a complying policy is personally liable for payment of benefits which would be covered under such a policy (SEE GROUP MEDICAL AND HOSPITAL SERVICE AGREEMENT, ARTICLE 12.5-NO FAULT COORDINATION) . XII . COORDINATION OF BENEFITS (C.O.a.) 12.1 Statutory C.O.B. The value of any Covered Service provided hereunder will be coordinated with any other group insurance; trustee, union, welfare, or employer organization; employee benefit organization including Preferred Provider Organization and similar organizations; any coverage under governmental programs and any coverage required or provided for by statute so that no more than 100% of Covered Services incurred will be paid on behalf of the Member. 12.2 order of Payment. In establishing the order of payment and financial responsibility (i.e. , primary and secondary carrier responsibility) between health plans, Peak Health will follow the standard coordination of benefits guidelines promulgated by the Colorado Division of Insurance. Each Member will disclose to Peak Health at the time of enrollment, at the time of receipt of Covered • Services, and from time to time as requested by Peak Health, the existence of such coverage, the identity of the carrier , and the employer Group through which coverage is provided, if applicable. 12.3 Mutual Rights and Responsibilities. None of the above rules as to coordination of benefits will serve as a barrier to the Member' s MD10 (10/84) 16 nc- • first receiving Covered Services from Peak Health, but neither shall Peak Health be prohibited from exercising its full rights under this provision. Peak, Health, without the consent of or notice to any person, may release to or obtain from any insurance company or governmental agency any information which is deemed necessary for coordination of benefits. Any Member claiming benefits under this Agreement shall cooperate in a reasonable manner and shall furnish to Peak Health all information deemed necessery to implement this provision. 12.4 No Fault Coordination. Your benefits under Peak Health wail be coordinated with minimum coverages required under the Colorado Auto Accident Reparations Act (No Fault) 10-4-706 (1) (b) to (1) (c) , Colorado Revised Statutes 1973, as amended. If a "No Fault" Policy provides coverage in excess of the minimum required by State Law, Peak Health will coordinate benefits with those coverages in effect. WHAT IF YOU FAIL TO PURCHASE THE REQUIRED NO FAULT COVERAGE ON YOUR AUTOMOBILE. The benefits of Peak Health will not be available to you to the extent of minimum benefits required by the "No Fault" taw for injuries suffered by you while you are operating or riding in a motor vehicle owned by you if said vehicle is in operation on the pupil.: highways of this state and such vehicle is not covered by No Fault Insurance as required by Law. However, this plan does not exclude benefits relating to any other person injured in a motor vehicle accident if the injured person is a non—owner operator, passenger or a pedestrian and such other person is not covered by No Fault • Automobile Insurance. XIII. SUBROGATION 13.1 Subrogation. Peak Health shall be subrogated to and shall succeed to any member' s right of recovery from a third party for services provided under this Agreement. The Member shall reimburse Peak Health to the extent of the amounts recovered by lawsuit, settlement , or other means, less Peak Health's pro rata share of attorney' s fees and costs sustained by the Member in obtaining such recovery, w:tn the first dollars recovered to be used to reimburse Peak Health. If the attorney' s fees of the Member are to be paid on a contingency basis, Peak Health's right of subrogation shall be reduced by its pro rata share of such attorney's fees which do not exceed 25% of any recovery. The Member shall, upon request, execute and deliver such instruments and papers as may be required to do whatever else is necessary and reasonable to carry out this provision. Such person shall do nothing after loss to prejudice Peak Health's rights. MD10 (10/84) 17 XVI. COVERED SERVICES 14.1 Benefit or Supolemental Benefit Explanation Provision. Incorporated as a part of this Agreement are a Benefit Explanation and Supplemental Benefit Explanations, as shown on the attached Signature Page, which identify the Covered Services that members are entitled to receive pursuant to the terms and conditions of this Agreement. XV. GRIEVANCE PROCEDURE 15.1 Grievance Procedure. Members must resolve all grievances, complaints, disputes or claims in accordance with the Grievance Procedure which has been approved by the Colorado Division of Insurance. Peak Health is obliged to resolve grievances against Peak Health, Medical Group, Health Plan Physicians, Hospitals, Referral Physicians, Referral Providers and other Contract Providers providing Covered Services for Peak Health in an equitable, timely fashion according to the rules and procedures set out in the Grievance Procedure. Enrollment in Peak Health constitutes a binding agreement by the 'Member that the exclusive remedy for all grievances, to include but not limited to medical malpractice, shall be through the Peak Health Grievance Procedure and that any right to a Jury or court trial shall be waived. Section 11.4 shall apply to this section. If a grievance is not rectified to the member ' s satisfaction, then such grievance will be submitted to arbitration in accordance with the rules of the American Arbitration Association then in effect and the Colorado Rules of Civil Procedure, Rule 109 , as amended, which decision shall be final and binding on both parties. The costs of arbitration will be shared equally by both Peak Health and tne Subscriber, except that each party shall be responsible for the cost of its own experts, evidence and legal counsel. Unless both parties agree otherwise , arbitration will take place in the Service area in which the member is enrolled. Although the foregoing shall specifically preclude litigation, it shall not preclude the filing of the award in the District Court for the purposes of enforcement. XIV. MISCELLANEOUS 16.1 Legally Capable of Contracting. All Members lega/ly capable of contracting , and the legal representatives of all Members incapable of contracting, agree to all terms, conditions, and provisions hereof. 16.2 Adoption of Policies and Rules. Peak Health may adopt reasonable policies, procedures, rules and interpretations to promote orderly and efficient administration of this Agreement. Any policies , procedures, rules, and interpretations not specified herein which materially affect this Agreement will be mutually agreed upon in writing by the parties hereto. MD10 (10/84) 18 16.3 Notice Address. Any notice under this Agreement shall be given by United States Mail , postage prepaid, addressed as follows: If to Peak Health: To the latest address provided on the Signature Page. If to Member: To the latest address provided by the Subscriber on record. If to Group: To the latest address furnished by Group on record. 16.4 Only Authorized Officer May Alter Agreement. This Agreement and attachments as specified on the attached Signature Page constitute the entire contract between the parties, and no agent or representative of Peak Health, other than a duly authorized officer is authorized to initiate, change, or waive this Agreement or any of its provisions. A change or waiver shall be valid only if in writing and signed by a duly authorized officer. 16.5 Future Compliance with Statutes, Regulations. Any provision of this Agreement which is, now or in the future, in conflict with any statutes of the State of Colorado or any final regulations or rulings of the Division of Insurance of the State of Colorado is understood to be amended to conform to such statutes, regulations or rulings. 16.6 c..2 ti�ons. The Captions of the clauses of this Agreement, Benefit Exion, . and any Supplemental Benefit Explanation are reference only and are not to be construed as limiting the scope or intent of the provisions. 16.7 Sevezability. If any other provision of this Agreement is declard by any court of competent jurisdiction to be invalid for any reason , such invalidity shall not affect the remaining provisions. Such remaining provisions shall be fully severable, and this Agreement shall be construed and enforced as :f such invalid provisions neve: had been inserted in the Agreement. 16.8 Nonwaiver. No failure on the part of any party hereto to exercise , and no delay in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, , power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Without in any way limiting the generality of the foregoing , neither acceptance of payment by Peak Health nor payment for or provision of excluded service nor failure by Peak Health to complain of any action, nonaction, ineligibility or default of Group or Member shall constitute a waiver of any of the rights, powers or remedies of Peak Health. MD10 (10/84) 19 rr, • BENEFIT EXPLANATION FOR ALL PLANS ARTICLE I GENERAL CONDITIONS UNDER WHICH BENEFITS SHALL BE PROVIDED A. To obtain the bent fits provided under this Agreement, the Member is subject to all termi, conditions, limitations and exclusions in this Agreement and all the rules and regulations of the Medical Groups and other Contract Providers. Members must receive medical care at the Medical Group or be REFERRED or have services AUTHORIZED BY A PRIMARY CARE PHYSICIAN EXCEPT FOR MEDICAL EMERGENCIES. The provision of all nonemergency inpatient Hospital care must be approved by the Medical Director in order to be a covered benefit. Payment for Coveted Services included hereunder shall be arranged for by Peak Health to be made directly to the provider of the services or , in Peak Health' s sole discretion, directly to the Member , except as otherwise provided. Choice of Contract Provider and location of services are at the direction of Primary Care Physician. B. The fact that a physician may prescribe, order , recommend or approve a service or supply does not, in and of itself, make the charge a Covered Service. Peak Health will not cover a service or supply which is not Medically Necessary as determined by the medical Director or which is not a Covered Service, even though it is not specifically listed or described as an exclusion. C. Out-of-area benefits cover Medical Emergencies only and shall not be available under this Agreement unless notice of confinement or treatment of the Member is given to Peak Health as specified in the attached Medical and Hospital Service Agreement. When a Medical Emergency occurs and is treated outside the Service Area, reasonable charges for services as determined by the Medical Director are covered. Payment under this section for treatment of Medical Emergencies shall be limited to services required before the member can, without medically harmful or injurious consequences, return to the Service Area for any additional necessary treatment. D. All benefits are covered subject to the applicable Copayment Schedule as listed in Article XVIII herein. ARTICLE II MEDICAL CARE A. CARE WHILE HOSPITALIZED. During hospitalization specified hereunder, authorized Covered Services, including services of Health Plan Physicians and ancillary medical personnel, surgical procedures, anesthesia and consultation with and treatment by specialists, are provided , subject to the applicable Copayment Schedule. rr MDll (1B/84) 1 B. AMBULATORY CARE. 1. DIAGNOSIS AND TREATMENT. Authorized Covered Services , including physician services, surgical procedures and consultation with and treatment by specialists, ate provided subject to the applicable Copayment Schedule. 2. PREVENTIVE SERVICES . Authorized Covered Services for health maintenance, including physical checkups, hearing evaluations and other preventive medical services, are provided subject to the applicable Copayment Schedule. Routine physical examination and evaluation ( including determination of the need for refraction, but not including the actual refraction) is provided , except for physical examination required for employment, insurance or government licensing , and other third-party-required physicals or when physical examination is otherwise not indicated as determined by the Primary Care Physician. ARTICLE III HOSPITAL CARE. When authorized by a Health Plan Physician and approved by the Medical Director, the following hospital services are provided subject to the applicable Copayment Schedule: room and board including Medically Necessary special diets; general nursing care; medical social services; use of equipment and supplies; use of operating room, recovery room, treatment room, and private room if Medically Necessary; intensive care and related hospital services; internal prosthetics; and medication. Prescribed blood transfusions are provided without charge if the blood is replaced in accordance with the blood bank' s requirements. Hospital service for Mental Health Services is covered up to twenty (20) days per calendar year for acute mental disorders. .RTICLE IV X-RAY, LABORATORY AND DIAGNOSTIC TESTS. Authorized X-ray and clinical (i.e. , not academic or research) Laboratory tests , services and materials, including diagnostic and therapeutic X-rays and isotopes, electrocardiograms and electroencephalograms , are provided subject to the applicable Copayment Schedula. ARTICLE V SHORT-TERM REHABILITATION AND PHYSICAL THERAPY. Authorized Short- Term Rehabilitation and Physical Therapy are provided , subject to the applicable Copayment Schedule. Short-Term Rehabilitation and Physical Therapy are limited to treatment for conditions which, in the judgment of the Health Plan Physician and Medical Director are subject to significant improvement of a Member' s condition through relatively short-term therapy (i.e. , a period of up to two months from the onset of therapy) . MD11 (10/84) 2 ARTICLE VI MEDICATIONS , IMMUNIZATIONS , CASTS AND DRESSINGS. A. MEDICATIONS. Authorized medications ( not including prescription drugs on an outpatient basis unless otherwise provided as a Supplemental Benefit as documented on the Signature Page) , injectables , radioactive materials and allergy treatment materials are provided for therapeutic purposes, allergy test materials and allergy treatment materials are provided subject to the applicable Copayment Schedule. Therapeutic injections (e.g . , hormone, allergy shots) are covered when given by a Contract Provider or Health Plan Physician, except when comparable results can be obtained through oral administration of a Prescription Drug. B. IMMUNIZATIONS. Authorized immunizations are provided, subject to the applicable Copayment Schedule. C. CASTS AND DRESSINGS. If authorized, during hospitalization, in the Primary Care or Referral Physician' s office, and at emergency departments, the application and removal of casts and dressings are provided subject to the applicable Copayment Schedule. ARTICLE VII AMBULANCE SERVICES. Medically Necessary Ambulance Service is provided subject to applicable Copayment Schedule , if authorized prior to transport by a Health Plan Physician or approved after transport as Medically Necessary by the Medical Director . Peak Health does not provide ambulance transportation due to the absence of other transportation on the part of the Member . An ambulance ordered by a neighbor, relative, school officer , employer , etc. , may be denied for coverage if the service is not determined to be Medically Necessary by the Medical Director. Benefits are payable for transportation by air ambulance, except that if Peak Health determines that other transportation was available, Peak Health will not pay more for air ambulance transportation than it would pay for transportation over the same distance by surface ambulance. • ARTICLE VIII OBSTETRICAL CARE, FAMILY PLANNING AND INFERTILITY SERVICE. A. OBSTETRICAL CARE. Obstetrical care is provided to all members subject to the applicable Copayment Schedule. Obstetrical care includes the following services for the mother before and during confinement and during the post-partum period: Hospital services, including use of delivery zoom; medical services, including operations and special procedures such as Caesarean section; anesthesia; injectables; x-ray and laboratory services. Newborn children are covered at birth but must be formally enrolled within thirty-one (31) days for coverage thereafter. Elective termination of pregnancy beyond ten (10) weeks after conception is not covered. MD11 (10/84) 3 "^ B. FAMILY PLANNING AND INFERTILITY SERVICE. Family planning counseling , treatment and follow-up and information on birth control , including insertion, removal and replacement of intrauterine devices, measurement for contraceptive diaphragms, and male or female surgical sterilization, are provided subject to the applicable Copayment Schedule. Prescription or nonprescription birth control drugs or supplies are excluded unless otherwise provided as a supplemental benefit, as documented on the Signature Page. Medical services for diagnosis and treatment of involuntary infertility are provided subject to the applicable Ccpayment Schedule. X-rays, administered medication and laboratory procedures provided in conjunction with family planning and infertility services are provided subject to the applicable Copayment Schedule, limitations or exclusions specified elsewhere in this Agreement. ARTICLE IX HEMODIALYSIS AND ORGAN TRANSPLANTS. End stage renal dialysis (ESRD) for chronic renal disease, care for acute renal conditions are covered, subject to the provisions of this Explanation including applicable Copayment Schedule. Referrals for ESRD services are made only if the Health Plan Physician determines that this represents the preferred method of treatment and that the member satisfies the criteria for service of the referral facility. Subject to the applicable Copayment Schedule, coverage is provided for non-experimental organ transplants (e.g. , corneal , kidney) and as required by law. Authorized medical and Hospital expenses of a recipient and a donor or prospective donor are covered when the recipient is a Member and when services are authorized by a Health Plan Physician and approved by the Medical Director . If the donor is not a Member , Covered Services for the donor are limited to those services and supplies directly related to the transplant procedure itself (including complications) and are covered only to the extent that services are not covered by other health coverage. Neither Peak Health, Medical Group, Health Plan Physicians, nor Contract Provider assures the availability of organs for transplant. Donor transportation costs are not covered, even when the donor is a Member . ARTICLE X SKILLED NURSING FACILITY. A Skilled Nursing Facility is provided subject to the applicable Copayment Schedule when prescribed by a Health Plan Physician in lieu of acute care hospitalization. Skilled Nursing Facility coverage includes use of medical supplies and equipment ordinarily furnished by the Skilled Nursing Facility and authorized drugs and biologicals. ARTICLE XI HOME HEALTH CARE. Home Health Care covers diagnostic and therapeutic services of registered or licensed nurses and home health aides on a part-time or intermittent basis as authorized or directed by a Health Plan Physician and is provided subject to the applicable Copayment Schedule. Physician's home visits are a Covered Service but are limited to the Service Area and are subject to the applicable Copayment Schedule and the professional judgment of the Health PLin Physician to make such a visit. Rental of medical equipment, diagnostic and therapeutic services of registered or MD11 (10/84) 4 1 • licensed nurses will be provided in the home only as long as they are in support of authorized Home Health Care and are determined by the Medical Director to be Medically Necessary in the home. Custodial care is not a Covered Service (See Exclusions and Limitations specified elsewhere 4n this Agreement) . ARTICLE XII ALCOHOLISM, DRUG ABUSE AND DRUG ADDICTION. Subject to the exclusions and limitations contained herein, and applicable Copayment Schedule, treatment for alcoholism and for abuse of or addiction to drugs are provided in accordance with this Benefit Explanation, except for detoxification, which is limited to removal of the toxic substance (s) from the system. Subject to the limitations, mental health services for treatment of alcoholism, drug abuse, or drug addiction are provided as described herein. Determination of the need for services of a specialized facility or program and referral to such a facility in appropriate cases are covered, but the services of the specialized facility or program are not covered , except for detoxification. ARTICLE XIII MENTAL HEALTH SERVICES. A. CARE WHILE HOSPITALIZED. During authorized hospitalization , Covered Services for psychiatric conditions are provided subject to the applicable Copayment Schedule. Coverage includes services of the Referral Provider (s) and mental 'health professionals as performed , arranged or referred by a Primary Care Physician or the Referral Provider , including individual therapy, group therapy, occupational therapy, drug therapy, and psychiatric nursing care. B. AMBULATORY CARE. Subject to the applicable Copayment Schedule , short-term evaluation and crisis intervention are a Covered Service when performed, referred or authorized by a Primary Care Physician. C. HOSPITAL CARE. If, in the professional judgment of a Primary Care Physician a Member requires short-term inpatient services for an acute mental disorder, up to twenty (20) days of hospital services per calendar year for mental health conditions are provided , subject to the applicable Copayment schedule. ARTICLE XIV HEALTH EDUCATION. Health Education services and education in the appropriate use of Peak Health are usually provided without charge. Health education services include instructions on achieving and maintaining physical and mental health and preventing illness and injury. ARTICLE XV EMERGENCY SERVICES. Coverage for Medical Emergencies is _provided subject to the applicable Copayment Schedule. Covered ervices include charges for emergency outpatient services in a Hospital or doctor' s office for stabilization or initiation of treatment until a Health Plan Physician can assume responsibility for the Member' s medical care. Inpatient emergency coverage will cease unless notice is given to Peak Health within 48 hours after any emergency admission, or at the point when the patient, or his or her family, could reasonably be expected to notify Peak Health regarding the emergency care, whichever is sooner. • MD11 (10/84) A. In-Area Emergencies. Heart attacks, cardiovascular accidents , poisoning , loss of consciousness for an extended period of time, loss of respiration, convulsions, severe bleeding are true medical emergencies. However , Peak Health may determine that other similar severe conditions are Medical Emergencies. Examples of routine care which do not qualify as in-area Medical Emergencies are sprains , influenza, colds, children' s ear infection, nausea, fainting , headaches , etc. , unless such care is authorized in advance by a Primary Care Physician. The above examples do not constitute a complete list of in-area emergency and nonemergency conditions and are subject to the applicable Copayment Schedule. B. Out-Of-Area Emergencies. Out-of-area emergency benefits are provided subject to the applicable Copayment Schedule when a Member is outside the Service Area. Any condition which would qualify as a Medical Emergency in-area is covered out-of-area. In addition, out-of-area emergency benefits will cover unexpected or immediately required care for accidental injury or acute illness of such gravity that it is not medically feasible to bring the Member to a Health Plan Physician or approved facility for treatment. At Peak Health' s option , out-of- area emergency benefits may be limited to customary and reasonable charges ( in the geographical area of service) for services required . C. Maternity Services. Maternity services provided outside of the Service Area within three weeks of the estimated delivery date are not covered unless previously authorized by the Medical Director. ARTICLE XVI MEDICALLY NECESSARY DENTAL RELATED CARE. Dental services are excluded , unless determined Medically Necessary by the medical Director. Written preauthorization must be obtained from the Primary Care Physician. Covered Services include surgeons , assistant surgeons, anesthetists, stand-by professionals, pathology and facility charges subject to the applicable Copayment Schedule. ARTICLE XVII EXCLUSIONS AND LIMITATIONS. A. NON-PLAN PROVIDER. Any services, Hospital, professional or otherwise, which were not performed, arranged , authorized or approved by a Health Plan Physician or the Medical Director are not covered. This limitation shall not apply for Medical Emergencies. Peak Health reserves the right to evaluate and determine coverage of care not directly provided or preauthorized by Peak Health Physicians . medical Emergency coverage shall be a benefit only if that care is Medically Necessary for the treatment of the Medical Emergency and shall be subject to terms, conditions, exclusions and limitations of this Agreement, including the applicable Copayment Schedule. B. CARE RELATED TO NON COVERED SERVICES. Peak Health does not cover any medical service, prescription drug, medicine, equipment, supply cr procedure directly or indirectly related to a condition which is not Medically Necessary or which is not a Covered service, in part or in full. MD11 (10/84) 6 • C. PERSONAL COMFORT ITEMS. Excluded are personal comfort OI convenience items in and out of the Hospital such as television; telephone; private room (unless Medically Necessary) ; and housekeeping , homemaker service, and room and board as part of Home Health Services. Special diets and private duty nursing at home or in the Hospital are not covered unless deemed Medically Necessary. Nonemergency ambulance services or ambulance services not authorized by a Health Plan Physician or the Medical Director are excluded. D. CUSTODIAL CARE. Custodial care, nursing home, rest cures and domiciliary care are excluded. Care is considered custodial when it is primarily for -the purpose of meeting personal needs. For example, Custodial care includes help in walking , getting in and out of bed , bathing , dressing, shopping , eating and meal preparation, general household services, taking medicine, or other home care services furnished mainly to assist people in meeting personal , family or domestic needs to include extraordinary personal needs created by the illness of a Family Dependent. Custodial care is excluded regardless of location or setting unless otherwise specifically provided tor herein in connection with Hospital or Skilled Nursing Facility and determined Medically Necessary by the Medical Director . E. EXAMS. Examination for employment, licensing, insurance, adoption or marriage, or other examination ordered by a third party are excluded , unless otherwise covered. Eye exams for refractive correction are not covered , unless otherwise provided as a Supplemental Benefit , as documented on the Signature Page. F. COSMETIC SERVICES . Any cosmetic surgery, complications of cosmetic surgery, beautifying medical procedure or surgery for the improvement of appearance is excluded, unless Medically Necessary. G. RECONSTRUCTIVE SURGERY. Services or supplies related to sex transformation, scar revision, and reduction mammoplasty are not covered, unless Medically Necessary. Unless Medically Necessary, reconstructive mammoplasty will only be covered when the original mastectomy is done while the patient is a Peak Health Member and :f reconstruction is part of the original surgical plan. Revisions of mammoplasties done while the patient was not a Member are excluded , unless Medically Necessary. H. PROSTHETIC DEVICES. All external prosthetic devices and the fitting of such devices including but not limited to: artificial aids and external prosthetic devices, dental prostheses, special shoes, corsets, clothing, crutches, breast pumps, orthodontic braces , artificial limbs or eyes, hearing aids, corrective medical appliances (including eyeglasses and contact lenses unless otherwise provided as a Supplemental Benefit) , removable or reusable braces and items of a similar nature are excluded. MD11 (10/84) 7 ' " ^ I . MEDICAL SUPPLIES OR EQUIPMENT. Regardless of location or setting , rental or purchase of medical supplies or equipment (durable medical equipment or otherwise) is excluded other than as specifically provided for in this Agreement. Oxygen or supplies for the use of oxygen are not a covered benefit, except as provided in a Hospital or Skilled Nursing Facility. Any and all take home supplies provided by a Hospital or Skilled Nursing Facility are excluded. J. PRESCRIPTION DRUGS. Prescription drugs incidental to outpatient care are excluded, unless otherwise provided as a ' Supplemental Benefit, as documented on the Signature Page. K. DENTAL SERVICES. Dental services, dental X-rays and other care in connection with dentistry are excluded. Any hospitalization related to any form of dentistry is excluded, unless hospitalized for the dental procedure is determined to be Medically Necessary. Covered Services do not include professional fees, regardless of setting , of dentists or oral surgeons. L. EXPERIMENTAL. Experimental medical , surgical , or other health care procedures, including experimental organ transplants (except as required by law) are excluded. M. BLOOD. Whole blood and blood products are excluded. Administration of FIC767 is covered. N. MATERNITY/STERILIZATION. Any medical service, prescription drugs , medicine, supplies or procedure directly or indirectly related to the following are not covered: reversal of voluntarily induced sterilization, in vitro fertilization and embryo transport procedure , including surrogate parenting procedures, elective termination of pregnancy beyond the tenth (10th) week after conception , amniocentesis unless Medically Necessary, and home delivery for childbirth. Maternity services provided outside of the Service Area within three (3) weeks of estimated date of confinement are not covered unless prior approval is received. Approval must be given in writing by the Primary Care Physician and the Medical Director . • MD11 (10/84) 8 • O. ALCOHOLISM DRUG ABUSE AND ADDICTION Services for alcoholism, drug abuse and addiction shall be limited to diagnosis, evaluation and treatment for detoxification. Rehabilitation of chronic alcoholism (including antabuse therapy) or drug addiction or abuse is not covered. Outpatient alcoholism, and drug abuse and addiction services other than for evaluation or crisis intervention are not covered. P. MENTAL HEALTH. Psychotherapy (other than for crisis intervention as described) , mental health services for mental retardation or autism after diagnosis, and any' other mental health care not specifically covered are excluded, unless otherwise provided as a - Supplemental Benefit as documented on the attached Signature Page. Psychiatric • therapy on court order or as a condition of parole or probation is excluded unless treatment otherwise would be covered. Q. THERAPY . Long term rehabilitation and physical therapy; weight reduction therapy; vocational therapy; marriage and sex counseling ; behavioral training; and remedial education, including evaluation Cr treatment of learning disabilities or minimal brain dysfunction, are not covered. Other therapy considered long-term (i .e. , long-term therapy is defined as being more than two months in duration from the onset of therapy) in the judgment of the Medical Director is not covered. R. SURGICAL TREATMENT FOR OBESITY. Surgical procedures and associated care for the treatment of obesity, such as intestinal or stomach bypass surgery, stomach stapling, wiring of the jaw, and procedures of similar nature are excluded , unless Medically Necessary. S. UNNECESSARY SERVICES. Services which are not Medically Necessary for the prevention, diagnosis or treatment of an otherwise covered condition are excluded. T. INELIGIBLE. Services received prior to a member ' s effective date or after the termination date of coverage are excluded. C' : '0 c ^ 4 MD11(10/84) 9 RESOLUTION RE: APPROVE ADMINISTRATION AND CONSULTING CONTRACT BETWEEN WELD COUNTY AND JAMES BENEFITS 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 Administration and Consulting Contract between Weld County and James Benefits, and WHEREAS, the term of said Contract is from January 1 , 1987, through December 31 , 1987 , with the further terms and conditions being as stated in said 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 Administration and Consulting Contract between Weld County and James Benefits 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 17th day of November, A.D. , 1986. � BOARD OF COUNTY COMMISSIONERS ATTEST: `Plat ^'^ �Jc4itc �PJr WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board \79que ,ne . n.- n, C airman I � '% . . fa 1, ro-Tem D puty County ierk I/ i► & I Ias�4.L . APPROVED AS TO FORM: ene R. Bran tier C.W. K' ounty Attorney Fran Yamagu i 861100 ADMINISTRATION AND CONSULTING CONTRACT THIS ADMINISTRATION AND CONSULTING CONTRACT, made and executed the 1st day of October , 19 86 , by and between Weld County Colorado hereinafter referred to as "Plan Sponsor," and JAMES BENEFITS, a division of Fred. S. James&Co., hereinafter referred to as the "Contract Administrator and Consultant." RECITALS The Contract Administrator and Consultant is engaged in the business of performing services as Employee Benefit Consul- tants and Administrators. The Plan Sponsor hereby engages the services of the Contract Administrator and Consultant to provide administrative ser- vices for Weld County Employee Benefit (Medical . Dental, vision) , hereinafter referred to as "Plan." For and in consideration of the mutual covenants and the monetary consideration herein recited, it is mutually agreed as follows: 1.Services to be Performed.The Contract Administrator and Consultant shall perform for the Plan Sponsor administrative and consulting services in conjunction with the administration and operation of the Plan. The administrative services to be performed by the Contract Administrator and Consultant are set forth in Exhibit A, attached hereto and by reference made a part hereof for all purposes. The consulting services to be performed by the Contract Administrator and Consultant are set forth in Exhibit B, attached hereto and by reference made a part hereof for all purposes. (a) As a part of the services to be performed by the Contract Administrator and Consultant, the Contract Adminis- trator and Consultant shall maintain and operate an administrative office for such purposes and pay ail normal costs and expenses for such maintenance and operation (except as herein set forth). (b)The Contract Administrator and Consultant shall employ a sufficient staff of employees or others to provide the administrative and consulting services to be performed by the Contract Administrator and Consultant hereunder. However, the Contract Administrator and Consultant will not provide nor be responsible for the expense and cost of legal counsel, actuaries, consulting physicians or dentists, certified public accountants, investment counselors, in- vestment analysts or similar type services performed for the Plan Sponsor; the Contract Administrator and Consul- tant shall not be authorized to engage such services or incur any expense or cost therefore without the written consent of the Plan Sponsor. In the event that the Contract Administrator and Consultant engages such services at the request of the Plan Sponsor, the Plan Sponsor shall be responsible for such services and the cost and expense thereof. (c)The services to be performed by the Contract Administrator and Consultant shall be ministerial in nature and shall be performed within the framework of policies, interpretations, rules, practices and procedures made or established by the Plan Sponsor.The Contract Administrator and Consultant shall have neither discretionary authority nor discre- tionary controls respecting management of the plan's funds;and, shall not have authority to nor exercise any control respecting management or disposition of the assets of such funds:and,shall not render investment advice with respect to any money or other property of such funds;and therefore,shall not be considered a fiduciary of the Plan as defined in the Employee Retirement and Income Security Act of 1974. 2. Service Fee. The Plan Sponsor agrees to pay to the Contract Administrator and Consultant for the services to be per- formed hereunder the following fees: (a) An i•`itial onetime fee of $ -O- payable on or before N/A (b) A Monthly fee of $ 7.20 per employee per month for medical, dental, and vision The monthly fee stated in this agreement is based upon a maximum monthly expected claims utilization (claims submitted per 100 employees per month)of N/A .Should claim utilization exceed this figure,the Plan Sponsor shall pay an additional fee of$ N/A per claim.Actual utilization figures will be reviewed periodically,and mutually agreeable adjustments may be made. The Contract Administrator and Consultant shall provide a statement of the above fees and deduct the amount from the Plan account on or before the 10th of each month, based on enrollment the first of the month. If the Plan Sponsor so requests in writing,the Contract Administrator or Consultant shall provide a statement of the above fees to the Plan Sponsor who shall then make payment to the Contract Administrator and Consultant, on or before the 10th of each month. In the event that insufficient funds are available in the account, or if the Plan Sponsor does not submit to the Contract Administrator and Consultant the information to deduct or charge for the fees, interest will be charged on the fees due the Contract 861100 ACC 7/85 , Administrator and Consultant at the rate of one and one-half percent (11/2°70 per month or the maximum rate allowed by law, whichever is less. 3. Term. The term of this Administration and Consulting Contract shall be for one year, beginning January 1 , 1987 and ending December 31 , 1987 At the end of the contract year, if neither party requests a change, the contract shall be automatically renewed. The fees stated in paragraph two (2) are subject to negotiation on the anniversary date of the contract, or on any monthly due date after the initial one year period, providing the Contract Administrator and Consultant has given timely notice of intent to adjust the fees. The new fees and contract will continue in force for one year from the effective date. Either party shall have the right to terminate or renegotiate the contract after the initial one year period by giving to the other party written notice of such termination or renegotiation of the terms of the contract at least thirty(30)days in advance. In the event timely notice of intent to renegotiate the terms of the contract is given by either party the contract shall continue until such renegotiated terms are agreed to in writing. In the event that such renegotiated terms are not agreed to in writing by both parties within thirty (30) days following the expiration date of the then current contract year, this contract shall terminate upon thirty(30)days notice. The Contract Ad- ministrator and Consultant will have no further responsibility or obligation hereunder upon termination of this contract. In the event of termination of this contract, if claims are to be processed after the termination date, the fees for services shall be either the specified percentage of claims or dollars per claim, or based on the average of fees during the last two months of the contract, as follows: 100% of the average fees during the first month after termination, 75vio the second month, 50% the third month, and 25% thereafter until no further claims are processed, or services required. 4. Records and Files. The Contract Administrator and Consultant shall maintain all records in conjunction with the ad- ministrative services to be performed hereunder. The confidentiality of such records shall be maintained by the Contract Ad- ministrator and Consultant and the information therein shall not be divulged or disclosed or made available to persons other than the Plan Sponsor without the prior written approval of the Plan Sponsor or a court of competent jurisdiction. In the event of the termination of this contract, the Contract Administrator and Consultant shall deliver to the Plan Sponsor, upon written request, within a time period mutually agreeable, but not to exceed six months from date of termination,the informa- tion on all claim histories for the past two years. If the claim history is requested,the Plan Sponsor will pay all costs incurred by the Contract Administrator and Consultant in providing the history,including the cost of programming,computer charges, mailing costs,etc. This information will be provided on a magnetic tape with industry standard labels, and will be in the stan- dard format of the James Benefits database. If additional information is requested by the Plan Sponsor subsequent to the termination of this Contract, the Plan Sponsor will pay all costs incurred by the Contract Administrator and Consultant in providing such information,including the cost of programming,computer charges,mailing costs,etc.The Contract Administrator and Consultant shall be entitled to retain copies of any such records at his own expense. 5. Liabilities and Obligations. The Contract Administrator and Consultant shall have no responsibility, risk, liability or obligation for the funding of the Plan. The responsibility and obligation for funding of the Plan shall reside solely and totally with the Plan Sponsor, entities, and/or participants as provided in the Plan while the Plan is effective and for all extended liabilities of the Plan whether necessary because of Plan termination or because of change to fully or partially insured funding methods. • (a)It is further understood and agreed that the Contract Administrator and Consultant shall have neither responsibil- ity nor obligation to take action, legal or otherwise, against any employer or employees or other person to enforce provisions of the Plan. In the event that the Plan Sponsor desires to engage the services of the Contract Administrator and Consultant for such purposes, such services shall be engaged and rendered only pursuant to a separate written agreement between the parties. (b) it is further understood and agreed that the Contract Administrator and Consultant shall not be responsible or obligated for the investment of any assets or funds of the Plan. However,the Contract Administrator and Consultant agrees to prepare and maintain records of the investment of the assets of funds of the Plan if the Plan Sponsor re- quests the Contract Administrator and Consultant to do so and provides the information and documents necessary to prepare and maintain such record. (c)The Contract Administrator and Consultant will process and pay benefits in accordance with the plan(s)or policy(ies) adopted by the Plan Sponsor. It is agreed that the Contract Administrator and Consultant will incorporate sound business practices and be responsible for reasonable internal audits. When or where an error exists the Contract Ad- ministrator and Consultant shall use reasonable efforts for recovery of any loss resulting therefrom, but will not be required to initiate legal process for any such recovery. ACC 7/85 2 6.Independent Contractor. It is understood and agreed that the Contract Administrator and Consultant is engaged to per- form services under this Agreement as an independent contractor. The Contract Administrator and Consultant shall use its best efforts to implement such written instructions,if any,as to policy and procedures which may be given by the Plan Sponsor provided that such instructions are consistent and compatible with the description of services to be performed by the Contract Administrator and Consultant and any laws or regulations, including but not limited to the Employee Retirement Income Security Act of 1974, as amended. 7. Plan Sponsor. The term "Plan Sponsor" shall be defined to include the employer or corporation sponsoring the Plan or Trustees of the Trust sponsoring the Plan who serve at the time of execution of this Contract and shall also include suc- cessors or successor trustees serving from time to time during the term of the Contract.The Contract Administrator and Con- sultant shall be entitled to rely upon the Plan Sponsor's notice or instructions. 8. Assignment. The Contract Administrator and Consultant shall neither assign nor delegate to any person or entity the duties, obligations or responsibilities of this contract without prior written approval from the Plan Sponsor. 9. Indemnification.The Contract Administrator and Consultant agrees to be responsible for reasonable damages as provi- ded by law for any acts or omissions wherein the Contract Administrator and Consultant is finally adjudged or willfully acknowledges it is guilty of want of reasonable and ordinary care, gross negligence, willful misconduct or lack of good faith. The Plan Sponsor agrees to indemnify, hold harmless and defend the Contract Administrator and Consultant for any acts or omissions of the Contract Administrator and Consultant not caused by gross negligence,willful misconduct or lack of good faith or want of reasonable and ordinary care. 10. Additional Services. Any changes in the Plan found to be compatible with existing systems and procedures and approved by the Contract Administrator and Consultant which require additional programming, reports or services will be at the ex- pense of the Plan Sponsor. The Plan Sponsor agrees to make changes in benefits effective only at the beginning of the plan year, allowing sixty (60) days prior notice to the Contract Administrator and Consultant. Exceptions must be agreed upon by the Contract Administrator and Consultant. 11.Other Applicable Agreements.The Following James Benefits'agreements are by this reference incorporated in this Contract: Form Number Plan Sponsor's Title of Date Initials Agreement AX 7/85 Administrative Services 10-01-86 Exhibit A CX 7/85 Consulting Services _ 10-01-86 Exhibit B 12. Additional Agreements. This contract may not be modified, changed, or additions made, without putting the modifications, changes, or additions in writing and having both parties to this contract sign such writing. By \ c� . i. ,� ►„_ . 11/17/86 Pl. Sp' i..r ai n. r. of County Commissioners Date By / -�,�� Assistant Vice President Contract Administrator . .d .nsultant Date ATTEST: ,' ((may awv f actil".` " Weld County Clerk and Recorder and Clerk to the Board f1 N--By: G Yyt�/yt C�JQ eputy County Cler ACC 7185 3 EXHIBIT A ADMINISTRATIVE SERVICES 1. Answer all telephone and mail inquiries from participants regarding benefits provided to them and their dependents. 2. Provide information concerning the plan benefits and eligibility of participants to all providers and participants based on eligibility information provided by the Plan Sponsor. 3. Receive claims and claim documents from the participants of the plan and verify the eligibility of the claimants for benefits based on eligibility information provided by the Plan Sponsor. 4. Review all claims thoroughly and coordinate them with doctors, hospitals, and other providers of services, to determine that the charges made are usual, reasonable and customary and/or related to diagnostic related groups, preferred provider organization agreements or other industry standards. 5. Correspond with claimants if additional information is needed for payment of their claims. 6. Coordinate benefits through the employee for potential payments from other benefit plans, insurance plans, health maintenance organizations and government sponsored plans. 7. Handle all claims expeditiously. 8-Process,issue and distribute the explanations of benefits and checks or drafts to the participants,hospitals,doctors,Plan Sponsor, or others as applicable, and provide documents to support these disbursements. 9. Furnish standard Administrator's internal forms and coordinate with the Plan Sponsor the design and printing of claim forms, ID cards, and other supplies designed specifically for the Plan Sponsor. 10.Notify claimants in writing of ineligible claims filed,explaining why a particular claim is ineligible for payment. IL Provide the following claims reports: A. Explanation of benefits B. Claim analysis by line of coverage and total C. Claim list by participant D. Coordination of benefits savings E. Incurred claim lag study F. Claims pending reports G. Cash transaction register H. Report to IRS regarding payment to health providers I2_ Provide the necessary data to the Plan Sponsor for preparation of ERISA reports and filings. 13. Attend meetings with Plan Sponsor (trust or corporate) as necessary for proper administration of the Plan. 14. Provide the Plan Sponsor the plan instruction for reporting its employees' eligibility to the Contract Administrator. AX 7185 EXHIBIT B CONSULTING SERVICES L Counsel, advise and suggest to the Plan Sponsor a specific set of benefits that will accomplish the aims of the Plan. 2. When a specific set of benefits has been agreed upon, the consultant shall market it and negotiate with appropriate in- surance carriers. 3. Prepare a detailed written report concerning the insurance companies that have been considered. This report will detail basically six aspects: A. Plan Provisions B. Service Facilities C. Net Cost D. Claim Reserves E. Dividends F. Retentions 4. Provide the consulting, underwriting, and planning to initiate a self-funded plan where applicable. 5. Provide the consulting to determine reasonable contribution levels for present benefits. 6. Provide evaluation and underwriting data for contract changes and contract provisions such as benefit increases and decreases. 7. Apprise the Plan Sponsor of the innovations and developments in the field of health and welfare that would be helpful or of interest. 8.Counsel with the Plan Sponsor concerning the financial future of the Plan to ensure the accumulation of proper reserves. 9. Provide medical cost data and medical cost trends in the area involved that would aid in designing the benefits. 10. Coordinate with legal counsel and others in regards to ERISA requirements and information. 11. Assist in the preparation of a Plan Document outlining all benefits and provisions of the Plan. 12.Assist in preparing the announcement material and Summary Plan Description that are designed to advise the Participants of the benefits available and the eligibility requirements. 13. Assist the Plan Sponsor in obtaining proper enrollment data. 14. Consult and assist in designing the required administrative forms: e.g., enrollment cards, claim forms, explanation of benefits, and drafts. 15. Provide for a review of marginal or questionable claims. 16. After the Plan has been implemented, continue to advise and counsel the Plan Sponsor on any problems that may arise in relation to the Plan. 17. Act as "Agent of Record" on the following coverages: N/A This service includes competitive bidding of various insured plans as requested. C 7/85 RESOLUTION RE: APPROVE AGREEMENT BETWEEN AIMS COMMUNITY COLLEGE AND WELD COUNTY AMBULANCE SERVICE AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement between Aims Community College and the Weld County Ambulance Service, with the terms and conditions being as stated in the Agreement, and WHEREAS, after review, the Board deems it advisable to approve said 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 Agreement between Aims Community College and the Weld County Ambulance Service 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 17th day of November, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS ATTEST:' f a/ Q�� N 1 WELD COUNTY COLORADO Weld County Jerk and Recorder r and Clerk to the Board J cqu ine o nson , Chairman /put y .v1 yr raL) G u c Fro-Tem putt' County er APPROVED AS TO FORM: Gene R. Brant er C.W. by County At orrey Fr/ Y ufif,, L�� f 861107 I • AIMS COMMUNITY COLLEGE - EMERGENCY MEDICAL SERVICES PROGRAM ADULT, VOCATIONAL AND TECHNICAL EDUCATION DIVISION AGREEMENT BETWEEN AIMS COMMUNITY COLLEGE (hereinafter "College") AND WELD COUNTY AMBULANCE SERVICE (hereinafter "Clinical • Affiliate") Part I — Basis and Purpose of the Ageeement WHEREAS, Aims Junior College District operates Aims Community College. WHEREAS, College and Clinical Affiliate acknowledge a public obligation to contribute to education for Emergency Medical Services for the benefit of students and for community needs. WHEREAS, College has established a one hundred sixty hour certification program in Emergency Medical Technician which requires the educational means of the Clinical Affiliate for clinical practice. WHEREAS, it is to the mutual benefit of both College and Clinical Affiliate that students have opportunities for clinical educational means of the Clinical Affiliate for clinical practice. THEREFORE, the following Agreement is effected by the proper authorizing bodies of both parties. The Agreement is to be governed by the following general concepts of cooperative action. Part II — The College A. General Responsibilities 1. College assumes full responsibility for offering an educational program eligible for accreditation by the Colorado Department of Health, E.M.S. Education and approved by the Colorado State Board for Community Colleges and Occupational Education. 2. College will provide for the quality of an educational program in Emergency Medical Technician as it does in all other curriculum offer- ings in the College. 3. College in cooperation with the Clinical Affiliate staff will evaluate students during the program. 4. College shall provide Workman's Compensation and liability insurance for the students. B. Clinical Instruction 1. College will provide a "Clinical instruction Plan" through the Program Director for using the Clinical Affiliate's clinical areas to meet the educational goals of the curriculum. This plan shall be made available to the Clinical Affiliate at the mutually agreed upon time prior to the beginning of the College terms which are Fall, Winter, Spring, and Summer (September through August) and subject to revision in instances where conflicts with the Clinical Affiliate's patient care responsi— bilities seem to exist. 861107 • 4. Page 2 2. College is responsible to assure that students assigned to the Clinical Affiliate for clinical instruction meet both College and Clinical Affiliate standards of health, and have the academic ability to profit from the experience. • 3. College has the option of attending regularly scheduled meetings with the Clinical Affiliate Supervisors for the purpose of interpreting, discussing and evaluating the educational program in Emergency Medical Services. Part III - The Clinical Affiliate A. General Responsibilities 1. The Clinical Affiliate will maintain the standards which make it eli- gible for approval as a clinical area for instruction in an accredited program in Emergency Medical Services. 2. The Clinical Affiliate will permit the faculty and students of the Col- lege to use its patient care and patient service facilities for clini- cal education according to the adopted plan approved by the State Board for Community Colleges and Occupational Education. It shall be mutually satisfactory to both the educational goals of the College and the patient standards of the Clinical Affiliate. 3. The Clinical Affiliate will be under no obligation to provide any fringe benefits, such as health insurance or Workman's Compensation for students of the Emergency Medical Technician Program. B. Facilities and Supplies 1. The Clinical Affiliate will permit the educational use of such supplies and equipment as are commonly available for patient care during the students' clinical time. 2. The Clinical Affiliate will provide the following facilities and ser— vices to College students and faculty: a. Public/streetside parking b. Others, as mutually agreed upon. 3. Clinical Affiliate will provide access to available sources of infor— mation for educational purposes: a. Patient charts with appropriate supervision. b. Procedure guides, policy manuals as appropriate. c. Standard clinical references such as medical dictionary, diagnostic tests, pharmacology references, and standard references suitable to the clinical area and care program. d. Others as mutually agreed upon. C. Clinical Affiliate Privileges 1. Clinical Affiliate may refuse educational access to its clinical areas to any College personnel who do not meet the Affiliate's standards for safety, health, rules of conduct or ethical behavior. . Page 3 2. Clinical Affiliate's first priority is to patient care. The Clinical Affiliate may resolve any problem situation in favor of the patient's welfare and restrict the student involved to the observer role until the incident can be clarified by the staff in charge and the instructor. Part IV - The Students 1. Students will have the status of learners and will not replace Clinical Affiliate staff nor give service to patients apart from its educational value to the students under supervision of a Registered Nurse or Para- medic. 2. Students are subject to the authority, policies, and regulations of the College. They are also subject to the same policies and regulations as are set for the Clinical Affiliate employees in matters relating to the welfare of patients and the standards of the Clinical Affiliate. 3. Students will wear the designated uniform in clinical areas. Uniforms will be provided by the students. (Designated uniform to be approved by Clinical Affiliate.) 4. College will insure that students of the program maintain personal liability insurance. Part V - Duration and Special Terms of the Agreement 1. The Agreement shall be for the period of one year, automatically renewable unless thirty (30) days notice is given (as described below). 2. Termination of this Agreement and any Amendments may be made with thirty (30) days notice, in writing, to the other .arty, stating such intention. The thirty (30) days, may, however, be waived upon mutual consent in writing. Classes are subject to College policy regarding enrollment. 3. If it becomes necessary to discontinue the training program before the students already enrolled may complete, every effort should be made to transfer the students into another program in order that they may graduate. This Agreement shall be effective on December 11, 1986 . Aims Community College in the City of Greeley and County of Weld, State of Colorado. By B , YY , Dr Geor R. Co. r, President Ch irm Ai. Co. unity C ege oard of County ommissioners r ATTEST: ‘111Q.<- �Q� � ✓ Weld County Clerk( and Recorder and Clerk to the Board '$y k eputy County C1er I RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 939 - ROGER AND GLATHA MEEK 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 (10) (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 Nc. 939 , does not come within the purview of the definition of the terms, "subdivision" and "subdivided land" , and WHEREAS, the request for Recorded Exemption No. 939 was submitted by Roger and Glatha Meek for property which is located in part of the SW: SEa, Section 36, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being wore 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 1/4 acre and 1/4 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 conditional upon the applicant submitting 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 drawn 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 Board of County Commissioners. 861105 Page 2 RE: RE *939 - MEEK The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of November, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS ATTEST: `TI�"` 4_ F WELD COUNTY, COLORADO Weld County lerk and Recorder - and Clerk to the Board Ja oue • n . n on, C airman �d B - 97C-�4J o' > • �. G.. •o acy, �z Tem D puty County Cllsrk / 4 APPROVED AS TO FORM: ene R. Erantner LJ4 C.W. ,14 y County Attorney ( 5 ''/ Fran Yama i 861105 DEPARTMENT OF PLANNING SERVICES ` PHONE(303)356-4000 EXT.4400 915 10th STREET GREELEY.COLORADO 80631 ik. COLORADO November 17, 1986 } / Board of County Commissioners 1);\ ‘ C Weld County Centennial Center v 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #RE-939 Dear Commissioners: This request for a recorded exemption is submitted by Roger and Glatha Meek. The parcel of land on which this request is being made is described as part of the SW} SE} of Section 36, T6N, R66W of the 6th P.M. , Weld County, Colorado. The property is located less than 1/8 mile north of Greeley; north of Weld County Road 62 and east of Weld County Road 35. The parcel of land under consideration is the total contiguous land holdings of the applicant. The request is to divide the property into parcels of 1/4 acre and 1/4 acre, more or less. Each proposed parcel has an existing residence located on it. The applicant wishes to sell one of the residences at this time. Based upon the submitted information and policies of the County, the Department of Planning Services staff recommends the request be approved for the following reasons: 1. The applicant has demonstrated in the submitted application materials that the request complies the submission requirements of Section 9-2 C. of the Weld County Subdivision Regulations. 2. The applicant has demonstrated in the submitted application materials that the standards and conditions of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations have been met. 3. The Greeley Planning Commission has reviewed this request and recommends approval. &61105 Board of County Commissioners November 17, 1986 Page 2 4. On November 13, 1986, the Weld County Board of Adjustment granted the applicant a variance from the public sever requirement in the R-I (Low Density Residential) Zone District. The Department of Planning Services staff recommendation for approval is conditional upon the following: 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 9-2 C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within sixty (60) days from the date of approval by the Board of County Commissioners. Respectfully, Debbie deBesche Current Planner 26 25� r-- 30 1 1 1 - ..1 - ( 1 I ' �� - _ 1 / ' .,r4.,••.•.•.•;, .•tart 71 - . - - - `_� �-‘ �o i+ , e ,. .1 f-Ill'. ] , _ - A c lv l o b At 36 N h 11 � ;. 31 • . „ .i • \ A:Pt . • • . `•rte\ 1 - - . '/ ... � l - - 4- o r . N �� - w \, G P. E E L E Y II ;. ,.phi �1 , ' k y oe 44 _n<o 1 I 1 j _ ei^ l $'Al- t12 T , 7'e r 7 .:trt 1t k t AdZif t. �l 1 y V r h l ; . ;, 'f1 • - - - -- 1 ) /lets - 'il r' a F ten: ._� ' �— �ti Ir .. #..' w FIELD CHECK FILING NUMBER: RE-939 DATE OF INSPECTION: November 6, 1986 NAME: Roger and Glatha Meek REQUEST: Recorded exemption LEGAL DESCRIPTION: Part of the SW} SE} of Section 36, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Just north of the Greeley City Limits, north of Weld County Road 62, and east of Weld County Road 35. LAND USE: N Vacant field and railroad trackage E Residence S Residence and vacant lot W Residence and open field ZONING: N R-I E R-1 S City of Greeley W R-1 COMMENTS: There are 2 accesses to the property fron C Street which is a paved road. There are 2 houses existing on the property with their own driveways. Numerous ..omen exist in the area. The property to the south, which is in Greeley City Limits, consist of a mobile home park and a single family dwelling subdivision. By: Debbie L. deBesche Current Planner REFERRAL LIST APPLICANT: Roger and Glatha Meek CASE NUMBER: RE-939 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: October 7, 1986 NO SR NR NO SR NR �_ County Attorney X Weld County Health Dept. Engineering Department County Extension Agent Office of Emergency Mngmt _-_ // X City of Greeley ��V Planning Department 919 7th Street Greeley, CO 80631 State Highway Department 1420 2nd Street Greeley, CO 80631 _ Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 City of Greeley Planning Department T 919 7th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 NO-No Objection SR-Specific Recommendations NR-No Response ill7*. et'4n MEfrlORAfIDUfn To Weld County Planning Date September 25, 1986 COLORADO From Health Protection Services / // Qh6 /tit Subject Case Number: RE-939 Name: Roger & Glatha Meek It is the policy of the Division of Health Protection Services to recommend for denial when the lot is less than one acre. Therefore, we recommend for denial on this application. By Direction of Ralph R. Wooley, M.D. T7 ---; '4j•j ti5v-1 I; 986 lei riEa ra. P?ac;ak er.;rmrs•!c: Kao Cityof [1 Greeley TO: Debbie deBesc `, Current Planner FROM: Nicholas Matz , Planner II SUBJECT: Weld County Recorded Exemption RE: 939 (City 22: 86) DATE: October 3, 1986 This office has reviewed the recorded exemption request by the Meeks and has the following comments : 1 . This request is inside the 2010 Growth Ring and is in conformance with our Comprehensive Plan ; 2. The eventual gross density of any development of which these lots are part should not exceed one dwelling unit per 10 acres ; and 3. 50 feet of the total right-of-way to the centerline of Weld County Road 62 should be dedicated for artera.al road purposes. 6 198E • L\Loijj e16 Ca. °laaam% i:amlMssiau DEPARTMENT OF PLANNING SERVICES If ( PHONE(303)356-4000 EXT.4400 915 10th STREET f'1 1ll, GREELEY.COLORADO 80631 1 44J:.; i lk COLORADO CASE NUMBER RE-939 September 22, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Roger and Glatha Meek for a Recorded Exemption. The parcel of land is described as part of the SW} SEI of Section 36, T6N, R66W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is just north of the City of Greeley, north of Weld County Road 62, and east of Weld County Road 35. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the procefising of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropri e a e and return to our address listed above. Please reply by 0 tober 7, 1986, that we may give full consideration to your recommendation R 5vM1 1.'---L-- We have rev ewed this request and find that the request oes does not) comply with our Comprehensive Plan ing--reaaeae. 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. A formal recommendation is under consideration and will be submitted to you prior to: n 4.1t Please refer to the enclosed letter. j �. ,�� n nY Signed: >}i • ; ✓n Agency: AI A.=-, l m 14c-4"...`.--t 11 111 \ f Date: j `Z`-,u I Thank you very much for your help and cooperation in this matter. I D a L. deBeeche 1 ebb Current Planner _ _ .� rrc 7 s7 1 E\V. �` 1I 6 1986 t wel6 Co. PIaMtng commt55I0hh (mu'," 0 td)iJt}tJ/] `1 APPLICATION FOR RECORDED EXEMPTION g00 PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Color o ..8!. 1 I1g COmmissim FOR PLANNING DEPARTMENT USE ONLY: APPL. FEE CASE NO. RECORDING FEE ZONING DISTRICT RECEIPT NO. 757)7 7 DATE 9 -/S-gS O APPL. CHECKED BY 70'/ TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we) , the undersigned hereby request chat the following described property be designated a recorded exemption by the Weld County 'Board of County Commissioners. LEGAL DESCRIPTION: The S_122'_of the E 75' of the W 150 ft of the East 308 feet of the Southwest Quarter (SW<) , of the Southeast Quarter (SEs) , Section. 36, Township 6 North, Range 66 West, 6th Principal Meridian, Weld County, TOTAL ACCREAGE c 1/2 acre m/1 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No XX Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes XX No FEE OWNERS OF PROPERTY: Name: ROGER MEEK and GLATHA MEEK Address: 2531 C Street, Greeley, Colorado Phone: 352-2046 Name: Address: Phone: Name: Address: Phone: WATER SOURCE: St 75' Parcel Greeley Parcel Greeley TYPE OF SEWER: LaLis« Parcel Septic Stee-14,ar Parcel Septic PROPOSED USE: baegar Parcel Residential Stalk-II-or Parcel Residential ACREAGE: Larger Parcel 1/4 ac m/1 Saallsr Parcel 1/4 m/1 EXISTING DWELLINGS: (Yes or No) yes - (Yes or No) yes ** Both parcels should be somewhat equal size. 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 ) 7'J 1�� Signatu e: Owner o Authorized Agent Subscribed and sworn to before me this 5th day of September , 1986 (SEAL) Notary Publ My Commission Expires 9-18-86 stern .- .._ ROGER AND GLATHA MEEK 2525 C Street Greeley, CO 80631 Legal Description The South 122 feet of the West 150 feet of the East 308 feet of the Southwest Quarter (SW1/4), of the Southeast Quarter (SE1/4) , Section 36, Township 6 North, Range 66 West, 6th Principal Meridian, Weld County, Colorado. 2531 C Street Greeley, CO 80631 Legal Description The South 122 feet of the West 75 feet of the East 308 feet of the Southwest Quarter (SW1/4), of the Southeast Quarter (SE1/4) , Section 36, Township 6 North, Range 66 West, 6th Principal Merdian, Weld County, Colorado. The first legal description describes the whole lot. The second legal description describes the second home that was built upon the section of land after it was divided. In compliance for applying for a Recorded Exemption on the above properties; they are as followed: 1. See attached form 2. See attached certificate 3. See attached deeds 4. Property has been divided into 2 single family residence. 5. Both properties are consistent with the policies of the Weld county Comprehensive Plan. 6. Both properties are zoned as R1 single family residence which is in compliance with Zoning law. 7. Surrounding properties are all single family residence. 8. Both properties are compatible to the zoning laws and surrounding housing in the area and have access from the street. 9. The above properties are not inconsistent with efficient and orderly development of the area. They are consistent with surrounding area. 10. See attached letter from City of Greeley 11. To our knowledge we are not located in flood plain, geologic hazard, and/or Weld County Airport. 12. Both properties have been situated above lot for at least 21 years. I thought that I had done this all legally when I built 2531 C Street. I was issued city permits, had surveys done, and felt I was in compliance with the city and county zoning laws. 13. See attached surveys. q'eNlj 7474 / Da/e %� g�Da e o er eek� Da e Glatha Meek Dare Cifil _City of GREELEY CIVIC CENTER. GREELEY, COLORADO 80631 (303)253.6'23 Greeley September 10, 1986 Roger & Jolene Meek c/o Wheeler Realty P 0 Box 519 Greeley CO 80632 Jolene: This letter is to verify that we, The City of Greeley, service two properties with Roger and Jolene Meek. Please find copies of their accounts enclosed. If we can assist any further, please contact us. Belynda Duarte Water Billing 353-6630 or 353-6123 Eict 254 ` ' .'IZ:Siir. Greeley hater Utiity "Sys,.eu n./16/86 X a- .. T: xi: r x .. X x x n x . C U K X * S X X .. X .. X N .. N x X .. X X Ac_.c -\. r at.e Sc ..t_ Cyc Ci Gyp Service u.Oc]ress Servi.ce . ress -) .S r Scoot J.. T_ . D . ULL Ut Sic ') . Size . c, ;ico ?al:, St ON N al ? /00 !0/ V i"f/ ail 0 . 0 +i U _ SZ :5i a_ll� N .: Uer Location . _ ti ..__ . . Z:j 7; S _, 1PLDG _,. O , N _ fi n 'pit ti, __. _ CG J "r _ ` a^ c"' S : � , H 1r _ . .i'l, is v . Q;! •) I Y,;,: _. St i : 9lirev RPM z, .Y. S ' ed '.-f_.7( A _.e, 2a AC.c . Sewe.. 0 . 00 0 . 0 02531 W C ST • Sar:it V C9 S0521 , .rrear %c . ,"u'' L _ 'g'2 Credit 0 . g L . 0r Total 62. 4e 0 . 00 UTP0021 -. _2.?y ---- Utility System ,",%1ob G _ T6 .. .. X .. X -; .: X N .. X .: z N t L x. X .. .. X ;; ;. Y X .. X X ,. X X Ac:. _ -N. r ?te Sqrycrv '. , _l'.. Sr_ . sea n : `"�-. . -:. 2�0 7,7..,7,,;) r -5 i n C_ 3 ~ l S7 ON 05/25/67 00'20' '088i1 0 . _ y : c :i- _ o <i ii Airtz 2s .: 1Fd (_llr H. .,Tae Na:i hnter 83 . 04 1 ij'I� \r t•\ V- _.j _ SeF:e_ @ . !/ Y , is L� q ^,,_-,3 t r C ` ! . SaniC. . 0 GREF.LEY I_e. 81631 .(rear 0 . 2r. 0 . 00 Credit 0 . 46 'L - '0G TO"_.ai 83 . 4 u" . 0 . .w 4 PROPERTY IMPROVEMENT SURVEY • sI . • 150 } 22.S' d m i oQ a I I SNP % N z.o" Ali," 2 Cn2�+ ..„--4.,- Z2.5 �� C'R.AME 4AQ. ti I 'Zr N i '` r n lb N N In Q 24 41.. 11 Y. _ I Sroa'( I H�.7�'-+z FRAMs N , I F1 13.0 • N ` C o ,sue 5CAta: 1'•t 30 3 t. J .2_yLb gl % e.' ', 4o:.../ 2zi' S Cj 1r zs'.: I sl • L.__X _ • c I h! • 150' 5.a. Cor_,Je2 COUNTY R,oA.c> SECroor' sco-G-ccico-\\ (c20't Rata) - '-- -- . --'�- --__�._ . . . 151c ' LEGAL DLCCrJFTICN 4 The South 122 feet of the West 150 feet of the East- 306 feet of the Southwest Quarter (SW1/4), of the Southeast Quarter (SE1/4), Section 36, Township 6 North, Range 66 West, 6th Principal • Meridian, Weld Countx. Colorado. :hn OF CURVE? SURVEYOR'S CERTIFICATE I hereby certify that a field survey was conducted, under my supervision May 12, 1964 , on this date, of the above described property, and that all building REVISED improvements, easements, rights-of-way in evidence or mown to me are correctly shown on the above plat. I further certify that there are no encroachments by and/or on this property, -..less otherwise notec.. This plat should not be used fo1 the location of future permanent . improvements. Robert L. Boekenkano, Regis ere(' Land Surveyor end Professional Ih:gineer, Colo. Poi. No. 4089 • .NLiS:N, HALEY, PATTEYS N, and cui-.n . RO,;ECT NO. Engineering Consultants ?hone: 352- C77 (0400. 123 2021 Clubhouse Drive Greeley, Colorado PROPERTY IMPROVEMENT SURVEY ZS 7S- FO lt..., I ---- d 1. v' ence I co II I A 1 t L__— J� O I I AI- el V 10i t a• 1N SS_ �... o -t • t e__-r—_ _ — ...1-- I I •\ of v /.Sf0ry 6riCN" et ' - tiyo Bosco / \i • to i•.�5/0,7 Havel r- .;41-5f 1.�4l 1 Stale l"=30 ,„ { eh Qom.... / se—ql ":cry • LLLiJ � . tiS,.,_. S.E Cor Sec 3G-G • C'oun1/2, fi oo,d (C90 '2` Rai-) " /sibNNN - - - - - V------- - -gyp LEGAL DESCRIPTION The South 122 feet of the West 75 feet of the East 308 feet Of the Southwest Quarter (SW1/4), of the Southeast Quarter (SE1/4), Section 36, Township 6 North, Range 66 West, 6th Principal Meridian, Weld County, Colorado. r LATE Cr SURVEY • SURVEYOR'S CERTIFICATE June 7, 1967 I hereby certify that a field-survey was conducted, under my supervision on this date, of the above described property, and that all building FLVISEL improvements, easements, rights-of-way in evidence or known to me are correctly shown on the above plat. I further certify that there are no encroachments by and/or on this property, unless otherwise noted. This plat should not be used for the location of future permanent ' - - improvements. ra d ',p r Robert L. floekenkamp, Regis ed Land Surveyor • and Professional Engineer, Colo. Reg. No. 4089 NELSON, HALEY, PATTERSON, and QUIRK. PROJECT NO. Engineering Consultants Phone: 352-8077 2021 Clubhouse Drive Greeley, Colorado 7QG - 30 • RECORDED EXEMPTION NO.. 0805 -36- 4 - RE 939. SHEET I OF 2 ROGER MEEK AND GLATHA MEEK 2531 WEST C STREET O GREELEY. CO. 80631 r DATE; OCTOBER 27, 1986 r�f LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH P.M. . WELD COUNTY, COLORADO, SAID TRACT OF LAND BEING PREVIOUSLY DESCRIBED IN BOOK 1480. PAGE 545, RECEPTION NO, 1257252, RECORDED JUNE 28. 1957 IN THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DES- CRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36 AND CONSIDERING THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO BEAR SOUTH 90° 00' 00" WEST WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING REhATIVE THERETO; THENCE SOUTH 90 00' 00" WEST, 1516.24 FEET; THENCE NORTH 00° 07' 20" WEST, 24.59 FEET TO AN EXISTING NO. 4 REBAR AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89° 52' 40" WEST, 150.00 FEET TO A POINT PREVIOUSLY MONUMENTED BY NO. 3 REBAR; THENCE NORTH 00° 07' 20" WEST, 122,00 FEET; THENCE NORTH 89° 52' 40" EAST, 150.00 FEET; THENCE SOUTH 00° 07' 20" EAST, 122.00 FEET TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 18,300 SQUARE FEET, MORE OR LESS, AND IS SUBJECT TO ANY RIGHTS- OF-WAY OR OTHER EASEMENTS AS RECORDED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID DESCRIBED TRACT OF LAND. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY. SUPERVISION AND THAT T CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. •' r Y `/8r''h. GERALD B. McRAE, PROFESSIONAL ENGINEER AND 6616 LAND SURVEYOR, COLORADO REG. NO. 6616 EWERS' CERTIFICATE V WE, THE UNDERSIGNED, BEING THE SOLE OWNERS IN FEE OF THE ABOVE DESCRIBED PROPER II HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. )27‘ko ME K GL T G i%kfL STATE OF COLORADO ;Ss COUNTY OF WELD THE FOREGOING CERTIFICATION WA ACKNOWLEDGED BEFORE ME THIS 2�t DAY OF fv[1 ,�J , A.D.. 1986. WITNESS MY HAND AND SEAL. MY COMMISSION EXPIRES:3 zI-9a othkY BLIC ititjAa4.4. CO eao COUNTY COI�I."1ISSIONERS' CERTIFICATE THE ACCOMPANIINC PLAT IS ACCEPTED AND APPROVED FOR FILING. C I BOARD Ol C 1.51W CO.f."I QNERS IV ATTEST: A*. COUNTY LERK ` _ lc • � , J B .Q7M�ix. 4.) �� N / y; L DATE: ////7/ p-r McRAE & SHORT, INC. !1231 - $tn Avenue Greeley, Colorado 80631 PROD. NO 86236 • a RECORDED EXEMPTION Na 0805 -.16 -4- RE 9.99 SHEET 2 OF 2 y U. • ... ' .tee � r _ j e. , - -4t ) - 1-h.4 1dft,),,,,.. . , � i r o 7 Y � p�" r 'y.j Ll`'�JSr4Y ply` 'i�.y .:f �V.(/ry` - iLr;'J'��rc'�� © nom' \---i- e j_. . Lrk..)-7 i,,,.,�� / _ J .--�\•' L coCo°_,e .iM. 3G. T.�o .•4.1o!CG1/ _Tr ' ,1'r �"i�l i7r� si �f0 `.I\ 2 .I. :.r a J'' ' % , a _ \ l_ ti •�f e -_St i Scale: 1 "= 3O' sp, ...� e� • _• : " 7663 La,.u/6tO•CrRD & ; � • PINS FOUND :• . 461 0 ; PINS SET - so 2. LOCATION MAP . SCALE: n2000' Al 69°52'40"e.. /50.00' se 77.00' 73.00' % NI a a N o g � � • tv ti Ni c k.41 l'cl‘ c'ss Lof B Lof A ti y k 9394 S. 3 89060 S.F. ,,: a v o h t c N 0 o �: � ^n n N N N 41a 1 e qC p O oO Q e C 3 t Q %% o � ca ti� � 4 do cb h j 77.OO" 0 73.00' --->-‘-jJ cR .5789°.52'40 71/ /50.00' G� k tiln Mae AV,/ of Seq'nn,ne � h tl z0 V N B WE/D COUNTY ROAD 62 (`C-STREET) /S/6 ego• L\ • 590'00'00W 2666.4/' - ' McRAE & SHORT, INC. 1231 - 8th Avenue Greeley, Colorado 80631 PRQd- NQ. 86236 RESOLUTION RE: AUTHORIZE CANCELLATION OF SOCIAL SERVICES WARRANTS 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, Social Services warrants issued in the total amount of $9,233.17 should be cancelled for administrative reasons, and WHEREAS, a list of the specific warrant numbers, dates, names and amounts is on file with the Weld County Department of Social Services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that said Social Services warrants for the month of October, 1986, in the amount of $9,233. 17 be, and hereby are, cancelled and held for naught. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of November, A.D. , 1986. /► BOARD OF COUNTY COMMISSIONERS ATTEST: 1lfMM WELD COUNTY COLORADO Weld County Clerk and Recorder and Clerk to the Board J.cqu re/ nse , C airman i / • G F---n ti Go?;,<'' L.cy ro-Tern ,eputy County lerk i _ APPROVED A TO FORM: ene R. Bra . ner C.W y County Attorney 1 Fran Yamaguc 5 861102 1.MMO TO : Tommie Antuna/Clerk to the Board DATE : Nov. 14, 1S86 FROM : Corliss Hayes/Social Services RE: October Cancelled Warrants Total cancelled warrants for the month of October are $9,233.17. 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O C I C ''C P < H < Or m0co I 1 IV-I o 9 F'-'O F- C r r r CO O I O O '•-, r P a y 3 H ' r r• r P 0 co a P O 10_ P +Ar y1 - C ` a F- w 0' a a0O a a C 0 ryC O• NN ^ w •P I-. ft C: r "' e* P CO r p 0 o N O o F. < a CO K Co r CO /4 0 n r - • c n F- r P r r 'S Z P r c O y 1 P J . 4 rvi a R P 4) r 'Y P' O 7 7 i— F' N 1 '9 o co 0 r n P co r`a W '' W ON L Ia' C I I- '8 0 c� K P m 1/40 r-. �Io;Lno r 'r CO P ,_, O, O;CJ In Jf 2 � Ca 9 a n Po � DO 0 - t I� c< f� 'S I-- 0 0 v o tea' W r 7 et O 0 rho v' 7- 000] 0 9 V I 0 ✓t I 7I RESOLUTION RE: ESTABLISHMENT OF NEW CONDITIONS TO THE MINERAL LEASING POLICY 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 desires to establish new conditions to the mineral leasing policy currently used by Weld County that was adopted December 19, 1984, and WHEREAS, said conditions are more particularly stated as follows: 1. The term of the leasing period shall be for a maximum of three years. 2. There shall be a continuation of the sealed bid process with the amendment that the top two bidders and any other bidder within 10% shall participate in an auction. The opening of the sealed bids and the auction shall be held on the same day. 3. A bid of at least $10. 00 per acre shall be the minimum amount required. 4. There shall be a continuation of the requirement for certified funds. 5. Where there is a conflict concerning the ownership of the lease , the owner of the lease shall provide evidence of the ownership. 6. Royalty interest in the production to be paid to the County shall be at least twelve and one-half percent (12.5%) . Specific amount of royalty interest to be set by the Board prior to the bidding process. 7. Royalty interest in the production to be paid to the County shall be twelve and one-half percent (12.5%) when bidding is waived on small parcels under five acres with a minimum of a $200. 00 royalty bonus for the parcel. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of weld County, Colorado, that the new conditions to the mineral leasing policy for Weld County be, and hereby are, established as stated herein. 861103 Page 2 RE: ESTABLISH NEW CONDITIONS - MINERAL LEASING POLICY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of November, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS ATTEST: anks"; �^;" WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Ja que S . -bra n - n , Chairman / d .. BY; J „ !J Go . .' , a o-Tem yputy County C_ k APPROVED AS TO FORM: Gene R. Brantner KirCounty Attorney �?f Fran-k.-Yamach 861103 11/4 RESOLUTION RE: HEALTH INSURANCE BENEFIT HOLIDAY FOR EMPLOYEES PAYING FOR DEPENDENT COVERAGE DURING 1986 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 self-insurance health program has been successful in holding down costs because of the cooperation of participating employees and dependents, and WHEREAS, the Board of County Commissioners wishes to share the savings of the plan with participating employees with dependent coverage in 1986. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, hereby declares a dependent health insurance benefit holiday during November, 1986 , for all Weld County employees that have been paying the premium for dependent coverage from January, 1986, to the present, based on the following: 1. If husband and wife were employed at any time from January, 1986, to present and have paid the special rate of $18. 35 per month for dependent health coverage, this refund will be prorated based upon the average monthly amount paid during the eleven month period. 2. All other employees who qualify will receive a refund of $95.00 . The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 19th day of November, A.D. , 1986. • BOARD OF COUNTY COMMISSIONERS ATTEST:11i n -l :.. WELD COUNTY, COLORADO Weld County Clerk and Recorder N.% 0 , and Clerk to the Board cqu ine okon., Chairman Y� byw,ytcr� G �B y ` La ' , 1 o-Ten Deputy County erk ,I APPROVED AS TO FORM: Gene R. Brantner County Attorney derite Frank Yamag j r ' 861104 RESOLUTION RE: SUSPENSION OF OPERATIONS ON UNECONOMICAL OIL AND GAS WELLS 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 of the County of Weld finds that the current market and price of oil endangers the continuing production of oil and gas on County leaseholds, and WHEREAS, the Board of County Commissioners of the County of Weld also finds that long-term cessation of such production could cause wells on these leaseholds to be plugged and abandoned, thereby permanently eliminating future revenue, and WHEREAS, Weld County' s oil and gas lease makes provision for shut-in production, if approved by the Board of County Commissioners, on payment of shut-in royalties. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board of County Commissioners may grant the operators of oil and gas wells on. Weld C:-_nty leaseholds the opportunity to temporarily suspend operation on those wells that are, in the operator' s opinion, uneconomical to produce. BE IT FURTHER RESOLVED by the Board that such suspension may be granted by the Board on receipt of a proper request for the same. The Board will, however, review such request on a case-by-case basis and will grant or deny the request as warranted. BE IT FURTHER RESOLVED by the Board that such a suspension will be granted for a term of one year from the next anniversary date of the said oil and gas lease, subject to renewal if appropriate. BE IT FURTHER RESOLVED that when a well is permitted to be shut in by the Board, the lessee will be required to pay ONE DOLLAR ($1.00) per acre delayed rental and TWO DOLLARS ($2.00) per acre shut-in royalty each year; however, the minimum per well shall be TWO HUNDRED FORTY DOLLARS ($240 .00) per year. 860899 Page 2 RE: SUSPENSION OF OPERATIONS ON UNECONOMICAL OIL AND GAS. WELLS BE IT FURTHER RESOLVED that the request for suspension of production shall include the following: 1. The production costs associated with the well (s) and the current production and revenues received for the production and other reasons justifying the request for suspension. 2. A listing of all working interest parties in the leasehold (attach Division Order if applicable) . 3. A plat showing the amount of production from the well (s) and current production from other producing wells of non-county ownership in the reservoir (identify operator of non-county production) . 4. Proposal of lessee, if required, to protect County mineral lands from drainage by adjoining wells located on non-county lands. BE IT FURTHER RESOLVED that the Board of County Commissioners of the County of Weld will not entertain, pursuant to this Resolution, a waiver of the shut-in royalty or per-acre lease rental provisions of its oil and gas leases. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of November, A.D. , 1986. n f� BOARD OF COUNTY COMMISSIONERS ATTEST: ( t��44^ att WELD COUNTY COLORADO Weld County Clerk and Recorder and Clerk to the B rd ca i on, Chairman B. :O2c -tee= �scEJ _ 9D uty County erk Go cy Tem APPROVE AS TO FORM: ._� � Cyr Br to r County Attorney �� C. Wy Fran Y ag $ r 660899 RESOLUTION RE: ACCEPT KIOWA DRIVE IN ARROWHEAD SUBDIVISION FOR PARTIAL MAINTENANCE 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 and Lake Arrowhead, Inc. entered into an Agreement, pursuant to the policy on collateral for subdivision improvements dated July 9 , 1980, wherein Lake Arrowhead, Inc. agreed to upgrade several streets in • Arrowhead Subdivision, including Kiowa Drive , and reconfirmed by an Agreement with Steve Lundvall dated November 26, 1985 , in conjunction with the replat of the 4th Filing approved December 11, 1985, and WHEREAS, the Weld Ccunty Engineer has certified that said improvements to Kiowa Drive meet County standards for the purpose of acceptance for partial maintenance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the following road, known as Kiowa Drive, located in Arrowhead Subdivision, 4th Filing, all of which is located in the Northwest Quarter of Section 27, Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado, be, and hereby is, accepted for partial maintenance as a public road by the County of Weld from Weld County Road 54 across Cheyenne Drive continuing east on Kiowa Drive to the ending of the cul-de-sac, which partial maintenance may include snow removal but shall exclude any repairs to the street, including the roadway, shoulders or drainage ditches. BE IT FURTHER RESOLVED by the Board that no sooner than nine months after acceptance for partial maintenance of streets, the County Engineer shall, upon request by the applicant, inspect the subject street and notify the applicant of any deficiencies; the County Engineer shall reinspect the street after notification from the applicant that any deficiencies have been corrected. If the County Engineer finds that the street is constructed according to County standards, he shall recommend acceptance of street for full maintenance. Upon receipt of a positive unqualified recommendation from the County Engineer for acceptance of said street, the Board of County Commissioners shall accept said street as a public facility and County property, and shall be responsible for the full maintenance of said street including repair. - 861098 Page 2 RE: ACCEPT KIOWA DRIVE FOR PARTIAL MAINTENANCE The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of November, A.D. , 1986. ��JJyy�� ' BOARD OF COUNTY COMMISSIONERS ATTEST: an...n.4tutnatrid WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board „a, auk ^' son Chairman D �uty County Cl k 7r APPROVED AS TO FORM: uene R. Bra ner "4- Kl1 ounty Attorney Fra Ya a 861098 pit mEm4RAnDUm WilkTo Board of Weld County Commissioners November 14, 1986 COLORADO From Donald R. Carroll , Administrative Manager - Engineering Department Subject: Partial Maintenance S-250:85:7 - Roy Lunvall The Engineering Department has reviewed the street improvements at Arrowhead Subdivision Fourth Filing (Kiowa Drive) and find no deficiencies at this time. We recommend it be accepted. Do id R. arroll Administrative Manager DRC/bf xc: Lee Morrison, Assistant County Attorney Subdivision File: Arrowhead -to eifeat KAROWSKY. WITWER & OLDENBURO CHARLES A.)AROWSKY SUITE 550.GREELEY NATIONAL PLAZA STOW L.WITWER,JR, NINTH AVENUE AND EIGHTH STREET R.SAM OLDENBURG GREELEY.COLORADO 60631-3004 AREA CODE 303 JOHN J.BARRY MARILYN J.DAVID Novembe r 11, 1986 36231x1 Mr. Don Carroll Weld County Board of Commissioners Centennial Building 915 10th Street Greeley, Colorado 80631 Re: Kiowa Drive Lake Arrowhead Subdivision Dear Mr. Carroll: This is to advise that Lake Arrowhead has completed all improvements to Kiowa Drive and that the same comply with County requirements and speci- fications. It is respectfully requested that the above-described street be examined by you to verify that the street is indeed in full compliance and there- after it is requested that the County assume maintenance of such street as it has done in the past with other streets in the Lake Arrowhead Subdivision. If there are any questions with reference to additional requirements imposed concerning said street, it is requested that you submit such information to Mr. Roy Lundvall at Lundvall Brothers , 1770 25th Avenue, Suite 100, Greeley, Colorado 80631, telephone 352-8730. Very truly yours, KAROWSKY TW£R & LDENBURG Charles A. Karowsky CAK:scy cc: Mr. Roy Lundvall - r . WELD COUNTY, COLORADO PAGE 1 PAYROLL FUND CLAIMS V.O. - WARRANT NO. P.O. NO. VENDOR AMOUNT 12565 57975 EMPLOYEE SOCIAL SECURITY SECTION $4,008.19 135 WANG CHECKS 26 oo4.76 TOTAL 330,012.95 STATE OF COLORADO COUNTY OF WELD ss This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Pages 1 through and dated NOVENB:3R 19 , 19 86 and that payments should be made to the respective vendors in the amounts set opposite : their names with the total amount $ 30,012.95 , DATED THIS - 19th DAY OF NOVEMBER , 19 86 1 riFti-- • 1 WELD CO F 0 1 SUBSCRIBED AND SWORN TO BEFORE ME THIS 19th DAY OF NOVEMBER _ 1986 . MY COMMISSION EXPIRES: 5/7/g9 NOTARY PLBLIC i STATE OF COLORADO ) • COUNTY OF WELD ss 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 $ 30,012.95 , \ f \Y C irpe on ��\\ T ST: Mem,• 'IC, 'Kir 46-)• County'Clerk & Recorder 'Member LTh9nje) 7`,t ) 7,7-/-4-* Depu Member SEMI-MONTHLY PAYROLL HANDWRITE APPROVAL FORM WARRANT (WARRANT NUMBER PAYEE AMOUNT 12562 TERRIE JOHNSON 3.11 • NUMBER OF WARRANTS 1 TOTAL 3.11 THE AMOUNT OF THESE HANDWRITES WILL BE INCLUDED IN THE SEMI-MONT'3LY PAYROLL TOTAL ON NOvES'BER 19, 1986 �J:iQ'IX71LYiJ • • • • • • • Z ••••_• e • • ' • • * • ` • • • CI GI CI CI G) mm mil 'nmmm m mmo 0 o o n 117 CI CI CI C7 it S Cc CO Cc al a, CO CC CO S S CO CO W 'S DD > xi. x. 7". i m 77 73 b D > » > C O r m Co in cn r 0 C7 C ►. •- moouo0 .:: D I> c c c c 73 :r c o m m m m D a z- v A 77 r r .-. t 3 N :3 Av.:,. ;oorn 3 W '9 r r £ CtAr D ,n7tlpr r 2D732737J A � n : . c) PZr m0X :3 •- x .4Mr• -nZ t v zz .c C: Cl co CI CID 4.41 ,441 7' 0D .-. .. +-. a Cnr r rvvl -f Gf" rnZ -f -• Z.. 7. .-. 2 Zo ^ P (n r' 33 -'1 .2' 770 N to 2 m D (n 1 r r- .. .. 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HELD COUNTY DEPART: TNT OF SOCIAL SERVICES FUND �jlnI 14'/ STATE,—MNT 0P RECEIPTS AND EXPENDITURES !� FOR MONTH OF October , 198 6 ' 1 F.C7.JAL . 1986 EU= PER= CURRL ,ND vT I YET o3. i0 DATE O. ..J i \Sir p,v..m:: 1,604,783 1,286,752 185,827 1 COUNTY rDDDr:7r1 TAX 25,083 2,054,636 2,138,001 96.10 COt^ - CYwi:r TAXES 13,113 134,224 163,647 82.02 STATE: OF Coi,c1PA1)J RECIES I'S: t Ali) 'io 1m:::,•i;N[ E 1 C11ILDIZEN 354,637 3,101,634 3,990,400 77.73 . • Al!) TO TIC' NEEDY' DISelr:r.FD 33,265 312,732 368,000 1 84.96 :4EDICID TRi;;SPOR ATION 1,509 . . 18,346 15,030 1 122.31 CD '1n _;1:: BLIND 384 4,853 I 6,400 o 75 Q3 J 0:2) ACE ? SION 132,034 7 ,485,137 1 —,"5`,000 '0 ,;:;:2 G1itc: . 122,505 . 1,054,514 i ' 97 , ., 3— 6'00 10.xQ.�l a DAY CARE - ( E - >. 56,786 269,337 � �„ ,003.:� S0.16 T• i I ' i.!q;..., ,C -;_10N - REGULAR 167,784 1 ,715 769 2 '� 02 } f -� 7 a 72.77 f J,p:'_T73?;:"1T02] CHILD SJL'POIY' -0 191,283 i 270,303 ! '02.49 I�i;: .. ... SS u E ..,.,,. . ... CY A. .TSTi N -0- 1,020,468 ,045,000 i 103.39 TOI7i. I I •T :1P'!'; 907,150 1 1,423,033 1 13,528,030 64.44 ,t7 it/A:JAL:LE 1,',r.. , A[:l.E 2,511,933 12,709,785 [ . _Q 3 37 �a 877 D 92.68 ;,ri) T-)i;"i a;r.'.r CIlIT,DRJTN 336;577 3,797,109 4,372,000 1 77.84 AIr, T3 7;.._ NEEDY DISAIlTrn p "T' 45;912 394,915 460,000 ! 85.85 Orr:RR•.i, A.^.C1sTAN^i. 6,022 82,576 93,000 I 84.26 IEDICY,U) TR't'32CRTATION 2,258 ' 19;379 15,000 t�, 129.19 F AID PD 'DM BLIND • • 483 - 6,035 8,000 d 76.06 OL) ACE P :: SIO:Q 130,702 1,437,124 1,855,000 ! 77.47 , PO^•i':N CARD OF QIILDRLTI 145,041 1,326,471 1,327,000 99.96 DA'I C,RE 31,618 301,801 420,000 71.86 - A T'ITSTIVTION - REGLAR 235,374 . 2,360;923 3,023,050 ; 78.10 in:rdTSTEATION—C::TLD SUPPORT' - -30,835 - • 353,414 399,000 ' 38.58 Ilan 7i 77 ENRROY ASSISTANCE 1,503 - 1,096,677 • 1,045,008 104.95 TC/I'AT, EXr1:TT'RJrCS 996,325 f 11,176,474 - f --13,528,050 . 82.62 r I- . FU).1A-:Ea REV & Pte' ' . -0- 1 (1) I -0- JOBS BILL-2L98-8 REV -0- . . (17,702) 1 -0- i i :.:;dui:;c ',.: .. ._..:;E i7 ,510,6005 ; i 15,608 �+ ':_25,82? -V- i ' I?-d (\'•(G WELD COUNTY DEPA?T?ENT OF SOCIAL SERVICES MONTH OF October , 1986 ASSISTANCE PAYMENTS -DP/151CM - QN,:iiLY `s. i\DLi',A S Si,N'_. OF ACCY?L: r ANNUAL BUMPS ri0 sHLY BUY r'r ' EXPENDITURES a0 D'•c, BUDGET V DATE AID TO DEPENDENT CiiILDRE v 1 AFDC lSoiSP;C:CB 5,451,000 454,250 416,618 4,333,240 209,260 LESS CHILD SCPP. (500,000) (41,667) (44,825) (490,123) 73,453 LESS iaau::U (33,000) (2,750) ' (2,862) (20,844) (6,656) LESS FRAUD REII'. (40,000) (3,333) (2,354) ( (25,164) (8,166) NET 4,878,000 406,500 366,577 3,797,109 1 267,891 AID TO TIM NEEDY DISABLED AND - srxrE 280,000 23,333 27,386 236,672 (3,342) AND — SS' 240,000 20,000 23,659 215,712 + (15,712) LESS RIUi1DS (60,000) (5,000; 4 (5,133) (57,469) l - 7,469 i f d NIP _ 460,000 38,333 45,912 _ 394,915 1 (11,585) GENERAL ASSISTANCE ' KIND & la) 25,000 2,083 701 _ 10,736 10,094 - ifiMSTIC VIOU.,I NC; 40,000 3,333 2,800 40,000 (6,6700) VISION C\RE 10,000 833 1,503 9,864 (1,534) DENTAL CARE 8,000 667 287 7,809 (1,139) BURIALS 11,000 917 550 11,135 (1,965) P2PgrRSi'r1DU 1.)i&: _ 4,000 • 333 181 3,032 298 INET 98,000 8,166 6,022 ' 82,576 (916) MEDICAID TRANSPORTATION TRAiNSPORTATIO:d 15,000 t 1,250 I 2,258 1 19,379 (6,879) - AID TO TIM BIND , i. ASSISTANCE 8,000 666 483 6,085 575 OLD AGE PENSION f CLASS A 1,300,000 - 103,333 85,116 943,O867 139,463 CLASS B 600,000 50,000 50,962 525,003 (25,003) �. LESS REFUNDS (45,000) (3,750) (5,376) (31,306) (5,694) l NL. 1,855,000 154,583 130;702 1,437,064 108,766 I j 1 i g 1 WELD COUNTY DEBARMENT OF SOCIAL SERVICES MONTH OF _ October , 1986 SOCIAL SERVICES DIVISION 110MTH:.Y ti"' c'DI_Uti M2\B CP- Oi ACODULT ANNUAL BUDGET ^DN'P'r_,Y BUDGED EXP7NDTTUPES - [ TO DA. J BZTXFT TO DATE FOSTER CARE FOSTER CARE 1,050,000 87,500 140,964 1,209,893-7 (334,893) LESS REFUNDS )000,2C000C{ )000CY (14,329) (151,687) 151,687 53-26 PROJECTS 277,000 23,083 18,406 268,265 (37,435) { NET 1,327,000 110,583 I 145,041 1,326,471 (220,641) DAY CAPE INCOME ELIGIBTPW 330,000 27,500 29,873 257,829 17,171 DAY G 3,F., SPECTAL NEEDS 90,000 7,500 1,745 43;972 31,028 dET 420,000 35,000 31,618 301,801 I 48,199 em.mmmem. WELD COUNTY DEPARTMENT_ OF SOCIAL SERVICES , - MONTH OF October ,1956 ADMINISTRATION u:iili.Y EXPZWli :BES I Rk12\NCE OF ACCOU;f ANNUAL BUD= ^1GIv1IILY BUIY"T EXPENDIic1LES TO DALE i. ia;ET TO DATE SALARIES 2,140,000 178,333 165,536 1,666,645 1.6,685 a FICA 154,600 12,883 11,668 120,962 7,868 RLTIF 4t f 118,900 9,908 9,208 89,539 9,541 ' H & L R:SU:NCE 59,000 4,917 4,527 43,532 5,638 1SORhaviEN'S CTX P. 2,900 242 I- 1.14UPAL: -0- -0- 2,420 PERSULVAI • SERVICES 2,475,400 206,283 190,939 1,920,678 142,152 STAFF ATDDBE i 25,000 2,083 2,733 25,4?8 j ' (4,648) x COUVfY iL'Iv14:i:Y OFFICE 12,000 1,000 1 -0- 3,741 ; 6,259 CHILD ABUSE R&E 21,750 1,812 1,812 i 15,986 2,134 AUDITING 8,000 A 667 —0— —0— i 6,670 CHILD ABUSE e . CONSULTT= 3,000 250 240 3,342 i (842) CASE SERVICES 8,000 667 2,516 10,156 i (3,486) ' 1ViAL: CO?:_"1L'1C 'S 77,750 6,479 7,301 5S,703 ¢ 6,087 i i i LEASE 111,600 9,300 9,300 93,000 1 -0- UTILITIES 32,000 2,667 1,818 22,909 i 3,761 CUSiUDL'L SERV. 21,000 1,750 1,253 15,694 1,806 BLDG./wdiN . & REPAIR 18,200 1,500 388 4,994 10,006 1C7PAL: 182,600 15,217 12,759 136,597 15,573 OFFICE SPACE DATA PROCESSING 116,000 9,667 5,921 72,691 23,979 TRAVEL: I1ILEAGE 40,000 3,333 3,298 32,159 1,171 TELFS'HaTE 30,000 2,500 7,300 59,459 (34,459) •POSTAGE 40,000 3,333 2,741 34,345 (1,015) OFFICE SUP:'LIES 32,000 2,667 2,913 27,060 (390) _ Ask`YJ1tu) C>.i•a.• & SECURITY 6,800 A 567 472 4,966 704 FtiiVf b LEASE 6,000 500 123 1,751 3,249 QF BOuI1717`T E0UIF≥t F ICPAIR 6,000 500 102 1,355 3,645 • EQUIPMENT lx}O0( : .c,) 140 683 ( (683)PURCHASED SUBSCRII"fIVNS AND BCCIZ 300 25 153 274 ' (24) MISCf:i.IANEOUS XXXi(X . 20000C 1 -0- 454 I (454) -a "a 9_ 0PERATTNG/T ,:'1VEL 277,100 23,092 _MEDICAL, E.2;,%biS 23,163 235,197 (4,277) PUBLIC ASSISTANCE 10,200 850 1,212 9,748 1 (1,243) I GRAND tful 3,023,050 251,921 235,374 2,360,923 158,287 i I 1 1 WELD COUNTY ERYPSYINT OF SOCIAL SEPlCS - MONTH OF October 1926 ADMTNISTRZATION SZ2PO ' ( ) ... NO=.7•_,Y•Y L>�ET:aT,TURES I _yc CF ACCOUNT ANNUAL BUDGET MONTHLY EL,T.,,,-1 'T;:,�-�' _'F.S_.� Tr) L'-',7-4" ..� _^'1 z' S,' S 217,000 18,083 i 21,581 I 210,143 # (29,313) FICA 15,500 1,292 1,499 15,098 (2,178) RETIREMENT 11,900 992 1,131 11,166 (1,246) F. 7-2,7DhiALT LIFE TN SU2AyCE 6,100 508 470 4,540 540 EORic' V'S Ca? 200 17 -0- -0- 170 STAFF ATTORNEY 2,800 233 290 2,796 (465) , COUNTY ATTJF-EY 71,000 5,917 -0- 37,847 21,323 OFFICE SPACE COST 16,800 1,400 14,332 (332) SERVICE OF PROC. 6,000 500 726 6,689 (1,689) 1 PATERNITY TESTING 5,000 417 11 1,460 2,710 FIFTY-PHONE 4,000 333 1 463 5,376 (2,046) OFFICE E SUPPLIES 6,000 500 278 3,316 1,684 DATA PPJC"rSSLG 28,000 2,333 2,284 31,392 . (8,062) TRAVEL 1,500 125 - 8 573 677 'POSTAGE 6,200 517 600 8,011 (2,841) REPAwccur. OF EQUIP-a:: 500 42 68 495 (75) LOOKS 200 16 -D- 147 13 EQUIP. PURCHASED XXXXXXX X00 0.X -0- -0- ( -0- NEEEEPSHIPS 300 25 51 460 (210) mISCELLANECUS XXXXxXX. )0,0g -0- 675 fI (675) I ':BRAND IOT L 399,000 33,230 ' 30,835 354,516 (22,016) WELD COU:'1l DEPARTMENT OF SOCIAL SERVICES MOTH OF October 198 6 CAI SI R YEAR 193 6 ADMfl:STRATICY - LOW INCOME ENERGY ASSIS_Ai7CE (LEAP) . n_O r l DITUPES 13LANCE OF ACCOUNT A`O U_ IJ ;U 'T 1YON .JY ECLt j. E.}G; ;Dim?a- TO DATE UOOE., TO DT L SA RTFS 56,500 4,703 1,093 32,801 _ 14,279 FICA 4,300 359 7"9 2,458 1,132 RETIRF`T1T 700 53 60 945 (365) HEALTH/LaE INS. 103 8 24 328 (248) POSTAGE I 3,500 292 215 I 1,677 1,243 OFFIC SUPPLIES I 2,300 192 33 ! 563 I 1,357 TF FPHONE 1,000 23 100 I I 1,382 (552) TRAVEL 403 33 -0- 182 148 EQUIPMENT REPAIR 200 17 -0- -0- 170 EQUIRYINr PURC4ASE -,i .'?0t c'OX -0- -0- -C- OUTRa1.''-T 1 1,000 83 -0- 12,667 I (11,837) 1 I I I I TOTAL 70,000 5,833 _t ----.1,603 53,003 5,327 LEAP P ? M LLtiiS Rp.-C,.RNYI 973,000 81,250 (100) 1 ,043,674 { (231,174) I os;c n. 37 O.3 7 ,045,0°0 1,503 I 1,096,677 (225,847) 1 ......... lililliglMMI LO '_:rC �.._ E N � ,�RG'! AS;ISTACE PROGRAM MTH CF October 193_6 PR0,2ECT YEAR' 93 6 - 1987 E LTENDI 7 RES ALLOCATION CAP ^ ZCON H YEAR-TO-DATE ' BALANCE 20 DATE PROGRAM KOCXXX (10 0) (100) XYaraX PRCGPPN ADVANCE )CCCG X -0- -0- :ccaac - CRISIS INTERVENTION 2000„ c< -0- _,0- }C C{ Aa1INISTRATION )CCQOC{ ( 1,603 1,603 _ 1'X�`GC OUTREACH )OCCC3( -0- -0- KZOLK TOTAL - I 1,603 1,603 PROGRAM BALANCE I ;C CC I ADMINISTRATION OUTREACH ACCOUNT CURRY` DDNTH YEAR-TO-DATE CURRENT MONTE I YEAR-TO-DATE _ SALARIES 1,093 1,093 -0- { 0_ FICA 78 78 -0- -00- REA'IRE'MT 60 60 -0- 1 -0- t HEALTH & LIFE INSURANCE 24 24 -0- -0- - DATA PROCESSING -0- -0- -0- -0- STAGE 215 215 -0- ` -0_ OFFICE SUPPLIES y 33 33 -0- -0- - TFZ.FPHONE 100 100 -0_ _ - __ TRAVEL -0- I -0- I -0- -0_ ADVERTISING -0- -0- -0- EQUIPMENT PURCFSSE -0- -0- -0- f EQUIPMENT R I -0- I -0- I -o- ! -o- EQUIPMENT REPAIR -0- 1 1VIAIS �_ 1,603 A I_ 1,603 -n- / _ / f W. E. Condon, Jr. kir Attorney At taw 7 COM ,Zirlif Arix Building 800 8th Avenue, Suite 300 ND Jr ti ' Greeley, Colorado 80631 V j 4 �!! f i (303)3536886 Lk 1986 Noverrh'r 10, 1986 Beard of County Commissioners 915 Tenth Street Greeley, Colorado 80631 RE: Board of Adjustment Ladies/Gentlemen: This lettar is to inform the Board of my intent to resign as a memhpr of the Beard of Adjustment effective this date. Due to several obligations committed to after my acceptance as a Board nember (i.e. a teaching position at UNC, increased private practice work- load, etc.) , i am unable to attend Bird meetings and devote the time needed to effectively fill the position as a member of the Board. Thank you. Sincerely, ad/cunt/an, W. E. Condon, Jr. Attorney at Law WEC/pas CrI . i " r/ Ta W G i,5. Bd 11EUU VIM tommtssI9NERs �' NOV 11 41986 GRE£_EY. COLC. WELD COUNTY COUNCIL NOVEMBER 13, 1986 P.O. BOX 758 GREELEY, CO 80632 356-4000, Ext. 4780 NEWS RELEASE The Weld County Council met in regular session on Wednesday, November 12, 1986 in Greeley. All members were present. A motion was made to encumber money from the 1986 appropriations to have the Greeley-Weld County Airport reviewed. New badges and name plates will be ordered with the addition of appropriate districts engraved on each one. A summarization of the 1986 County Council meetings will soon be presented to the residents of Weld County. The next meeting is scheduled for Thursday, December 11 at 7:30 p.m. in the Centennial Center, room 339, Greeley. The public is invited to attend. -30- - y N0V 141986 Lc2ifi. _ GREELEY. COL'd. Minutes Weld County Council October 23, 1986 Tape 86/15 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 Thursday, October 23, 1986, at 7:30 p.m. ROLL CALL The following members were present in person; President Bill Rupp, Vice President Doris Williams, and Sid Morehouse. Ralph Waldo was excused from this meeting, and Nels Nelson arrived at 7:40 p.m. Also present for the meeting were three UNC students, two reporters, one guest and the Council Secretary. MINUTES Sid Morehouse moved that the minutes of September 3-be approved as written, Doris Williams seconded the motion and it passed unanimously. ADDITIONS/DELETIONS ,Correspondence added to the agenda included a letter from Delores Daveson requesting an Ad in the National Anti-hunger Coalition's pamphlet, Weld County Road and Bridge Advisory Agenda, a letter from the Evans Star-Press extending our subscription, a memo from Lou Ann Goodwin regarding parking permit tags, and a - letter from Don Warden detailing the County's contributions to the airport. APPOINTMENTS Bill Rupp will attend both the Elected Officials Meeting on November 10, and the Board Meeting on November 12. CORRESPONDENCE The correspondence included minutes from the Weld County Road and Bridge Advisory Committee, the 1987 Budget Message and the Proposed Budget 1987. REPORTS Ralph Waldo was not available to report on the Elected Officials Meeting of 9/8/86. Doris Williams reported on the Road and Bridge Advisory Meeting. The budget for next year will be 2 million dollars less than the current budget, with 34% coming from oil and gas production. Pavement repair will utilize approximately one-third of the budget for next year. Nels Nelson stated that the main topic of the Planning Commission Hearing of 10/2/86 was the area including Tri Town and Del Camino. Nels also reported on the morning meeting of the Budget Work Session on 10/9/86. This session covered the county involvement with the fairgrounds, 4-H, Pest Control and weed districts. They all stayed within their respective targeted budgets with the exception of the 4-H group. The Commissioners agreed to finance an additional part-time person for the 4-H programs. Doris Williams was not able to attend the afternoon meeting of the Budget Work Sessions, however the County Council budget was accepted as proposed. Bill Rupp attended the Elected Officials meeting on 10/13/86. Drew Scheltinga suggested requesting 51 .8 million to build a new bridge over the Platte River on East 18th Street as an option to rehabilitating the existing bridge. If the money was allocated from the State, it would be possible to change this to three smaller bridges. Mary Ann Feuerstein reported her depart- ment was getting ready for the elections. Mike Loustalet said they anticipate fewer tax sales this coming year, and have been running about eight bankruptcies a week in all classes. The County is in good shape, with no serious problems. Herb Hansen requested extra help from the State, which was approved with some financial assistance. Stan Peek reported felonies and drunk drivers set a new record for 1986. There was a change in the benefit package for County employees, and the costs are now lower under the self-insurance plan. i3ci pj7 MINUTES, WELD COUNTY COUNCIL PAGE 2 OCTOBER 23, 1936 UNFINISHED BUSINESS The Resolution regarding the County Council Audit Authority was signed by all Council members present. After some discussion on the proposed Airport Audit, Doris Williams made a motion to "obtain further information from the Clerk to the Board office, specifically financial audits so that this Council can go through them, and any other information we might have available to us." This motion was seconded by Sid Morehouse and passed unanimously. NEW BUSINESS The next Council meeting is scheduled for.Wednesday, November 12 at 7:30 p.m. in the Council Chambers. Sid Morehouse made a motion that the September bills be paid. Nels Nelson seconded the motion and it passed unanimously. PUBLIC COMMENTS There were no further comments from the audience. ADJOURNMENT There being no further business, the meeting was adjourned at 8:10 p.m. on October 23, 1986. Wi .‘ ‘ Liam A. Rupp, Pr ent Marilyn lettete, Secretary if Date A pro ed oF'cow 17•l . end 9p, ,Ni ,ol DEPARTMENT OF NATUF;AI. RESOURCES * -t David M.Getcnes,Executive Director ic . ;Ts: ' MINED LAND RECLAMATION DIVISION DAVID C.SHELTON, Director , r Richard D.Lamm e -/ Governor v .. November 5, 1986 1 NOV 1 71986 Weld County Commissioners iiiti -- ' 915 10th Street e.=. Li-2y. ceC_e, Box 758 Greeley, CO 80632 Dear County Commissioners: The Colorado Mined Land Reclamation Division proposed to renew Mining Permit No. C-81 -028 on November 03, 1986 which will allow coal mining and reclamation operations to continue at the Keenesburg Strip Mine under the provisions of the Colorado Surface Coal Mining Reclamation Act of 1979. The permit pertains to Coors Energy Co, Box 359, Keenesburg, CO 80643, (303) 659-8520, for their mining operation located in portions of Sections 25, 26, 36, T3N, R64W, 6th P.M. in Weld County. Copies of the proposed decision are available at the Colorado Mined Land Reclamation Division, Centennial Building, Room #423, 1313 Sherman Street, Denver, Colorado 80203, (303) 866-3567. Sincerely, // / ._,4 -�� C ...ate Thomas A. Schreiner Reclamation Specialist TAS/bdc 1520G 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30S) 866-3567 jd ,„,;,<k `,ERR RECu4 °sue UNITED STATES < o NUCLEAR REGULATORY COMMISSION m '!E 2 WASHINGTON,D.C.20555 *x*t*a°c' November 12, 1986 Docket No. 50-267 'FT? C Mr. R. 0. Williams, Jr. ; Vice President, Nuclear Operations � , NOV 181988 Public Service Company of Colorado ----�L Post Office Box 840 cR=` C°moo• Denver Colorado 80201-0840 Dear Mr. Williams: SUBJECT: FORT ST. VRAIN'S EMERGENCY ELECTRICAL POWER SYSTEM DESIGN COMPLIANCE WITH THE SINGLE FAILURE CRITERION - REVIEW STATUS REPORT References: 1. NRC, Region IV letter (E. H. Johnson) to PSC (0. R. Lee) , dated July 10, 1985. 2. PSC's letter (D. W. Warembourg) to NRC, Region IV (P. R. Hunter) , dated September 13, 1986. In Reference 1, we identified certain design discrepancies in the automatic control circuitry of the emergency diesel generator's (EDG's) circuit breakers, which compromised the independence requirements that Fort St. Vrain (FSV) has committed to meet in the FSAR. Because of the inherent capability of the FSV design to withstand the total loss of AC power (i.e. , all offsite power sources and the two class lE EDGs) for at least two hours without the need for cooling the core, the plant was allowed to operate in the interim, while the necessary modifications in the breaker's automatic control circuitry were being incorporated. These modifications eliminate the single failure problems. Also, the FSV design provides for an alternate cooling method (ACM), which includes a non-class lE power source that is independent from the offsite power sources and class IE EDGs. Furthermore, Reference 1 indicated that no single failure in the automatic control circuit of the EDGs' circuit breakers (preventing both of them from closing) would result in the loss of manual capability to close at least one EDG circuit breaker. The manual operation of these EDG breakers or the manual initiation of the ACM could readily be accomplished within the time frame available to assure core cooling. In Reference 2, Public Service Company of Colorado (PSC) submitted a response to our concerns and proposed certain wiring changes to eliminate the discrepancies identified in Reference 1. The submittal was reviewed by our contractor, EG&G Idaho, Inc. , whose findings are contained in the enclosed draft Technical Evaluation Report (TER) (Enclosure 2). At FSV, the class lE electric power system is comprised of three buses (two redundant and one swing bus) with two 100% load capacity EDGs and an Mr. R. 0. Williams, Jr. - 2 - offsite power source connection to each bus. A loss of voltage or degraded voltage condition from the offsite power sources reflected on any twc of the three class 1E buses would result in the automatic starting of both EDGs. The EDG that attains the rated voltage and frequency first is automatically connected to its associated bus and the swing bus. The DC control power for breakers on each of the three buses is provided from two redundant, 125 volt class 1E battery supplies. The FSV design also provides for a non-class 1E, non-redundant system, which includes the ACM diesel generator. In Reference 1, we identified that the automatic closing circuit of one redundant EDG circuit breaker is dependent on the operation of relays or contacts associated with the other redundant EDG circuit breaker. As such, the interlocks from one division used in the breaker close circuitry of the other division, could potentially prevent the operation of both circuits due to a single interlock failure. In the case of the DC control supply to the breakers on each of the three buses, the FSV design provides automatic switching between the redundant divisions of the DC power supplies. We noted that a fault in one division could be propagated to the redundant counterpart leading to the total loss of DC power. To discuss your proposed modification (Reference 2) and the draft TER (Enclosure 2) , a meeting was held among NRC staff, EG&G's representatives, and PSC's personnel on August 14, 1986. The staff explained why the proposed modification (Reference 2) fails to provide the required independence in the automatic control circuitry of redundant EDG circuit breakers. The staff also stated its concerns that the automatic switch-over of DC control power from one redundant division to the other can lead to the total loss of DC power. In this meeting, the PSC personnel proposed a temporary modification in the DC control power supply to the loss of voltage and degraded voltage logic circuitry that provides signals to start the EDGs. This modification was necessary to eliminate a single failure problem in the logic, which PSC had recently identified (discussed in Enclosure 1). The staff noted that this modification resolved a specific design problem. However, the staff remains concerned about the vulnerability of this design to the total loss of DC power from the existing automatic switch-over scheme. The PSC personnel agreed to examine the design and propose to implement a solution that will preclude the total loss of DC power as a result of a single failure before restart of the plant. The addition of a third battery (preferred) or manual operation instead of the automatic switch-over scheme between the redundant DC buses were presented as possible alternatives for resolving this problem. It is noted that these modifications must be done in such a manner that would not degrade the capability of the design to isolate the onsite AC system from the offsite power source during degraded grid conditions assuming a single failure. Also, the redundant portions of the standby AC system (EDGs) and the redundant portions of the DC supply should meet the single failure criterion. Since the proposed modifications do not achieve the required independence in the automatic control circuitry of the EDG circuit breakers, the PSC personnel were requested to demonstrate that no single failure will disable the manual capabilities to Mr. R, 0. Williams, Jr. - 3 - start the diesel generators, to close the EDG circuit breakers, and to start all necessary safety loads. In addition, PSC was requested to demonstrate that no single failure can cause paralleling of the redundant diesel generator sets, which may lead to the loss of both diesel generators. The acceptability of the design in these two cases mist be established before restart of the plant. Our discussion with your personnel identified differences among the actual design, system operation, and the FSAR. Also, the analysis performed by Proto Power Corporation (Reference 2) contained incorrect information, which PSC did not identify before submittal to the NRC. Our understanding of the proposed modifications and the operation of the class 1E standby electric power systems, and its operation as described in the FSAR and by PSC in the meeting of August 14, 1986 is contained in our status report (Enclosure 1). We request that PSC submit to us resolutions to these problems before restart of the plant. Your proposal should cover the major concerns addressed herein and contain a commitment to complete these changes on a well defined schedule. We would hold a second meeting with your staff approximately two weeks after your submittal was received to discuss and potentially accept your proposal as a basis for plant restart and continued operation. A full description of the proposed modifications, the analysis to demonstrate manual capabilities as identified above, and the necessary FSAR changes to reflect the design capabilities of the as-built systems, should be submitted for NRC review and approval prior to the actual changes being made. The information requested in this letter affects fewer than 10 respondents; therefore, OMB clearance is not required under P.L. 96-511. Sincerely, t .V 1 ^ Kenneth L. Heitner, Project Manager Standardization and Special Projects Directorate Division of PWR Licensing-B Office of Nuclear Reactor Regulation Enclosures: As stated cc w/enclosures: See next page Mr. R. 0. Williams Public Service Company of Colorado Fort St. Vrain cc: Mr. D. W. Warembourg, Manager Albert J. Hazle, Director Nuclear Engineering Division Radiation Control Division Public Service Company Department of Health of Colorado 4210 East 11th Avenue P. 0. Box 840 Denver, Colorado 80220 Denver, Colorado 80201 Mr. David Alberstein, 14/159A Mr. J. W. Gahm, Manager GA Technologies, Inc. Nuclear Production Division Post Office Box 85608 Public Service Company of Colorado San Diego, California 92138 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Mr. H. L. Brey, Manager Nuclear Licensing and Fuel Division Mr. L. W. Singleton, Manager Public Service Company of Colorado Quality Assurance Division P. O. Box 840 Public Service Company of Colorado Denver, Colorado 80201 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Senior Resident Inspector U.S. Nuclear Regulatory Commission Mr. R. F. Walker P. O.Box 840 Public Service Company of Colorado Platteville, Colorado 80651 Post Office Box 840 Denver, Colorado 92138 Kelley, Stansfield & O'Donnell Public Service Company Building Commitment Control Program Room 900 Coordinator 550 15th Street Public Service Company of Colorado Denver, Colorado 80202 2420 W. 26th Ave. Suite 100-D Denver, Colorado 80211 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Chairman, Board of County Commissioners of Weld County, Colorado Greeley, Colorado 80631 Regional Representative Radiation Programs Environmental Protection Agency 1 Denver Place 999 18th Street, Suite 1300 Denver, Colorado 80202-2413 Enclosure 1 ONSITE CLASS 1E FORT ST. VRAIN (FSV) POWER SYSTEMS DESIGN FEATURES REVIEW STATUS REPORT BASED ON THE FSAR AND AUGUST 14, 1986 MEETING WITH THE LICENSEE PUBLIC SERVICE COMPANY OF COLORADO DOCKET NO. 50-267 1) System Independence Paragraph 4 of Section 8.2.5.1 of the FSAR states: "The onsite power supplies are completely independent and meet the single failure criterion." Our review of emergency diesel generator (EDG) circuit breaker control circuitry revealed that single permissives or interlocks compromised the independence of redundant systems. In the August 14, 1985 meeting, the licensee indicated that the FSAR will be revised to indicate that the independence will be met only where it is consistent with the existing design. This would require a thorough review of all class 1E Systems and an analysis to demonstrate that no single failure can disable both redundant systems. Section 8.2.5.2 of the FSAR states: "Loss of a DC Bus. The loss of a DC bus does not result in an unsafe condition, since two separate, normally independent systems are provided. A bus-tie switch is used to reenergize a DC bus from the other battery, if required. The switchgear is provided with redundant DC control power supplies, so that failure of any one battery would not affect the operation of control circuits of any critical load. If one of the 125 V DC systems fails, control power to the switchgear affected is restored by switching to the alternate supply." - 2 - From this statement in the FSAR and its commitment to meet the redundancy and single failure criterion, it is inferred that the FSV design, which uses a bus-tie switch to restore the DC control power to one division equipment from the redundant division, will involve only a manual operation. However, the licensee has informed the staff that it is an automatic feature. This could propagate the fault in one division to the redundant counterpart and could lead to the total loss of DC power. 2) EDG Operation And Loading The following sections of the FSAR show automatic loading of 480 volt class 1E buses 1, 2 and 3: (a) Section 8.2.2.2 states: "The essential 480 VAC load center buses 1, 2, and 3 are energized from the standby generators and essential loads are restarted by automatic sequencing programs." (b) Section 8.2.3.5 states: "Two load-sequencing programmers are provided for each diesel generator set. For the first diesel generator in service, one programmer sequences the starting of essential equipment required for the safe shutdown of the plant (Sequence "A" loads shown in Tables 8.2-4 and 8.3-5). When the second diesel generator starts, a load-sequencing programmer will sequence the starting of sequence "B" loads (shown on Tables 8.2-6 and 8.2-7) . Should the programmers become inoperable, the operator can manually sequence the restarting of essential equipment from the main control board." Besides the automatic loading feature on each of the two divisions, sequence "A" or sequence "B", the data in Tables 8.2-4 and 8.2-5 indicate that the swing bus 2 loads are automatically energized along with the loads on bus 1 or 3 (sequence A or sequence B). - 3 - In the meeting of August 14, 1986, the licensee informed the staff that the swing bus 2 loading is only manual . Also, the EDG with both engines working is the one that is automatically connected to the bus. The other EDG, either with only one engine working or being second in line to reach rated voltage and frequency, is connected only manually to bus 1 or 3, whichever is second in line. When both EDGs are driven by only one engine each, the automatic closure of their output breakers is automatically inhibited. In this state, closing of the EDG breakers and loading of the EDGs is designed to be manual. 3) Additional Concerns a) Physical , Electrical Independence: A review of the electrical schematic diagrams for the 480 VAC essential buses indicated cases where the system physical and electrical independence appears to have been compromised. Redundant circuits are physically wired to common terminal blocks such that the circuits are in close proximity to each other. The electrical independence is compromised in those cases where the redundant circuits are wired to common devices such as relays. These relays are used for both control functions and permissive functions. It has been the staff's practice not to accept such commonality in the case of the permissives, and has required electrical independence. It is possible for the contact block on a relay or circuit breaker to fail and thus disable all circuits connected to the control block. b) Degraded Grid and Loss of Voltage Protection: During the licensee's study of FSV's degraded grid and loss of protection logic system, they discovered that two of the three logic trains (one on each 480 volt buses 1, 2 and 3) were powered from the same 125 VDC source. - 4 - This 2-out-of-3 logic combination will start both EDGs. If the above stated DC power fails, the EDGs will not get a signal to automatically start on degraded grid voltage or loss of voltage as intended. The licensee proposed to correct this situation by powering each of the three logic trains from the associated DC power supply circuit used for the control of the 480 VAC switchgear, rather than directly from the two DC buses. In this way, if one of the DC buses failed, the auto-throw-over (A-T-O) circuit would switch the affected logic train to the remaining DC bus. The A-T-0 scheme is an existing automatic control circuit that was installed at each of the three switchgear sets (bus 1, 2 and 3) to switch control power between the two redundant DC buses in the event that one of the buses fails. The staff noted that this temporary modification resolved a specific design problem. However, the vulnerability of the design to the total loss of DC power still remains in the existing A-T-O scheme. The licensee agreed to examine and implement a solution that will preclude the loss of DC power as a result of a single failure. Some of the possible solutions discussed during the meeting involved using the existing "C" battery as a third DC bus, changing relay logic from normally de-energized to normally energized, and manually switching the DC buses. In all cases, the proposed solutions involve plant modifications to existing circuits and the installation of additional equipment and hardware. ACTION ITEMS At the conclusion of the meeting, the Public Service Company of Colorado (PSC) and the NRC agreed to the following actions items: 1. The NRC will write a memorandum to PSC regarding the FSV design of the EDGs and 480 VAC essential buses. This will contain the staff's position and concerns, regarding the licensee's proposed 5 - temporary modification involving the DC supply to :he undervoltage relay logics. (This review status report completes this action). 2. The licensee will draft a letter outlining the actions that they are going to take to resolve the staff's concerns expressed in this review status report and discussed during the August 14, 1986 meeting. 3. The licensee will provide analyses that will show: a. Manual capability exists to control the 480 VAC circuit breakers; b. The EDGs can not be paralleled; c. No single failure in the automatic circuits will inhibit the manual controls for the EDGs or for the 480 VAC essential component circuits breakers. 4. The licensee will remove common relays DEV-86RT and DEV-86ET1 from the EDG circuits prior to re-start. [Ref: PSC letter dated 7-1-86 from D. W. Warembourg (PSC) to H. Berkow (NRC).] Prepared by: I. Ahmed, DPWRL-B Date: Enclosure 2 EGG-NTA- 409 Eft 7_1/986 D R A F T REVIEW OF THE FORT ST. VRAIN ONSITE AC "STANDBY" POWER SYSTEM WITH REGARDS TO COMPLIANCE TO THE SINGLE FAILURE CRITERION AND THE SER DOCKET NO. 50-267 TAC NO. 59801 INEL Reviewers - J. F. Jacobsen/A. E. Nolan NRC LEAD Reviewer - I. Ahmed INEL PROGRAM Manager - C. 1. Nalezny NRC FSV Project MANAGER - K. Meitner NRC Program Manager - M. Carrington Idaho National Engineering Laboratory EG&G Idaho, Inc. Prepared for the U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Under DOE Contract No. DE-AC07-76I001570 FIN No. D6023 CONTENTS Acknowledgments Abstract Summary iv 1. INTRODUCTION 1 2. DESIGN BASE CRITERIA 2 3. EVALUATION 3 3.1 System Description 3 3.2 Event Analysis 5 • 3.3 Licensee Response to NRC Concerns 6 3.4 Additional Examples of Single Mode Failures 9 4. CONCLUSIONS 10 5. REFERENCES 12 • APPENDIX A A_1 i • ACKNOWLEDGMENTS The author would like to acknowledge D. J. Henderson: for his assistance in analyzing emergency diesel generator systems, A. D. Hill for his assistance in functional operation of electrical distribution equipment, and S. L. Collins and R. E. Polk for their technical assistance throughout the review. ii • ABSTRACT This report was prepared for the U.S. Nuclear Regulatory Commission (NRC) to assist them in evaluating the Fort St. Vrain (FSV) Nuclear Power Generating Station onsite AC "standby" power system for compliance with 10 CFR 50, Appendix A, General Design Criteria 17 (Single Failure Criteria). This report also evaluates the Public Service Company of Colorado (PSC) response to concerns expressed by the NRC in their Safety Evaluation Report (SER), which evaluates the December 18, 1984, failure of the onsite AC "standby" power system (Licensee Event Report [LER] 50-267). iii SUMMARY The Fort St. Vrain onsite AC "standby" power system failed during a semi-annual loss-of-offsite-power and turbine trip surveillance test on December 18, 1984. Subsequent to this event, the Nuclear Regulatory Commission (NRC) asked EG&G Idaho to review the responses of the licensee for compliance to the single failure criteria and for compliance to the Safety Evaluation Report (SER) issued by the NRC. EG&G Idaho has reviewed the Licensee Event Report (LER), supporting documentation, electrical diagrams, FSAR, and correspondence submitted by the licensee to the NRC in connection with this event. The review determined that the proposed modifications to the system by Public Service Company of Colorado (PSC) did not resolve the concerns as pointed out in the SER. The diesel engines and their associated generator output breakers remain susceptible to a single failure that will result in the loss of all "standby" power. iv 1. INTRODUCTION On December 18, 1984, the Fort St. Vrain Nuclear Power Generating Station (FSV) experienced a total failure of the onsite AC "standby" power system during a semi-annual test of the system.' As a result of this failure and of other NRC concerns about the independence of redundant power sources in the "standby" system, the NRC evaluated the FSV emergency electrical systems. The results of this evaluation were contained in a Safety Evaluation (SE), which was transmitted to the licensee on July 10, 1985.2 The SE addressed two safety-related concerns, raised the question of possible nonconformance to the TSAR, and concluded that the plant could be operated, relying on manual controls, for an interim period while actions to correct the safety-related concerns were being pursued. • The licensee responded by letter, dated September 13, 1985,5 which transmitted the Proto-Power Corporation's evaluation of the FSV's onsite 'standby" power system and their recommendations. The NRC then contracted EG&G Idaho to 1) review the emergency diesel generator (EDG) system for compliance to the single failure criteria; 2) review FSV's proposed resolution to the NRC's concerns, as raised in the SER;_ and, 3) evaluate the independence of redundant "standby" power sources. 1 2. DESIGN BASE CRITERIA The following design base criteria were applied in the evaluation of the Fort St. Vrain "standby" AC power system: 1. General Design Criterion 17 (GDC) , "Electrical Power Systems," of 10 CFR 50 Appendix A, "General Design Criteria for Nuclear Power Plants." 2. IEEE Standard 279-1971, "Criteria for Protection Systems for Nuclear Power Generating Stations." 3. IEEE Standard 308-1974, "IEEE Standard Criteria for Class 1E Power Systems for Nuclear Power Generating Stations." 4. IEEE Standard 384-1981, "IEEE Standard Criteria for Independence of Class lE Equipment and Circuits." 5. IEEE Standard 352-1975, "IEEE Standard Criteria for Class 1E Power Systems for Nuclear Power Generating Stations." 6. IEEE Standard 379-1977, "IEEE Standard Application of tie Single Failure Criterion to the Nuclear Power Generating Station Class 1E Systems." 2 3. EVALUATION 3.1 System Description As shown in Figure 1, the FSV onsite AC power system consists of two 1210 kW emergency generators (each driven by two diesel engines), output breakers, redundant primary buses (No. 1 and No. 3), and a smaller swing bus (No. 2). The buses are common to both the offsite power source and the emergency diesel generators (EDG) . The swing bus automatically connects to the first primary bus energized. Interlocks prevent the swing bus from connecting to both primary buses at the same time. With both diesel engines connected, each generator is designed to supply the combined loads of its respective primary bus and the swing bus. If required, each generator can be manually connected to its primary bus and the swing bus. The FSV Final Safety Analysis Report (FSAR)3 states that if either one of the two diesel engines fails, it will be declutched from the generator, and the remaining engine should continue to drive its respective generator at 50% of the generator's rated capacity. 3 • Offsite Power Offsite Power • .l 2528T12 2528132 2 /_'\ 3 (Swing Bus) • 252DG1A , 252DG1B Diesel 171_(:::)__I _ Diesel Diesel (IIEDiesel Engine Engine Engine Engine 1A 18 1C — 1D Generator Generator 1A IB FIGURE 1 FORT ST. VRAIN ONSITE AC . "STANDBY" POWER SYSTEM • 3.2 Event Analysis In an effort to determine FSV'S compliance to the single failure criteria and to the provisions of the SER, a simplified fault tree analysis was performed on the diesel engine and load breaker sequencing logic based on control diagram E-1203, page P.1601.4 This analysis is presented in Appendix A. The results of the analysis confirmed the statements in the SER that unless both diesel engines associated with a given generator are running that generator will not pick up the load upon loss of off-site power. However, the analysis also showed that, when one of the redundant generators has picked up the load (both diesel engines running), the off-line generator can be placed on-line with only one of its diesel engines running. In the December 18th event, diesel engine lA of generator 1A had been disconnected as part of the test. Shor':ly after the test was initiated, diesel engine 1C of generator 18 shut down and declutched. Since neither generator had both engines running, the output breakers could not close. The results of the reliability calculations in the Fort St. Vrain FSAR are based on an operational "standby" system with a two-out-of-four failure. PSC has stated that a two-out-of-four 5 diesel engine failure cannot disable the "standby" power system. However, our analysis shows that a two-out-of four failure can cause a total failure of "standby" power. 3.3 Licensee Response to NRC Concerns In response to the concerns expressed by the NRC in the SER, PSC contracted the Proto-Power Corporation to conduct an overall evaluation of the FSV onsite "standby" power system. This study evaluated the 480 VAC essential bus tie breaker control scheme. The study included the 480V essential bus undervoltage relays and sensors, the 480V switchgear bus supply breakers, the 480V essential • bus tie breakers, the diesel generator circuit breakers, the load sequencer, timers Ti and 72, and the diesel engine start/run circuitry.6 As a result of.their evaluation, Proto-Power Corporation recommended that PSC rewire certain terminal blocks to provide • physical separation of the essential circuits. This recommendation is superficial at best, as it does not achieve the independence between the two redundant systems. The relays and their contacts still interact with the two redundant systems, and the potential for common mode failures remains. 6 In addition to recommending the rewiring of the terminal blocks, the Proto-Power report disclosed a potential failure associated with the synchronizing (sync) switch with respect to a degraded bus condition. Under normal operating conditions, when the voltage of the on-line bus drops to the 77.5% level, the associated output breaker is tripped and the associated tie breaker is closed to transfer the previously degraded bus to another operating bus. The report pointed out that if the sync switch is failed, or if the operator neglected to return the sync switch to the 'OFF" position, the degraded bus associated output breaker would be inhibited from tripping, and the possibility would exist for paralleling the degraded bus to. a normal operating bus by closing the associated tie breaker. As a result, Proto-Power recommended that a normally closed contact on the output breaker be wired in series with the applicable contact that closes the associated tie breaker. This modification will A. prevent the associated tie breaker from being closed if the associated output breaker has not been opened. The sync switch is used only during load testing to sync the diesel generator frequency and phase with off-site power. The sync switch at FSV is of the maintained-contact type, as opposed to the spring return to off, or normal, position which is usually used. 7 PSC stated that, in addition to the recommendations made by the Proto-Power Corporation, other analyses performed on the "standby" system showed that automatic closure of each EDG output breaker is provided for through two diverse paths. Therefore, the automatic operation of a redundant power supply (EDG) is assured. This statement is essentially in error, since "diverse" means to have different forms or components. The paths for the closure of each EDG output•breaker are idential in their design, function, and components, and both paths are subjected to the potential for common mode failures. The Proto-Power recommendation did not remove the components that are common to the two paths. 3.3.1 Analysis of the Licensee's Response An analysis of the licensee response determined the following: 1. The rewiring of certain terminal blocks achieves only physical separation of the wiring of redundant circuits and does nothing to create electrical independence of the redundant circuits. No functional changes to the existing circuits were made. 2. The rewiring of the sync switch removed the potential for paralleling a degraded bus to an operating bus. 8 • 3. In spite of the claim of there being two diverse paths to provide for the automatic closure of the EDG supply breakers, ,the analysis shows that the breakers will not • close if either of the generators does not have both diesel engines connected (running). 3.4 Additional Examples of Single Mode Failures From the schematic diagrams provided by the licensee, it appears that system independence has been comprised many times. For example, on PSC drawing E-1203, page P-1601, the plant design allows for the following devices to be supplied from both redundant instrument buses ESSB1L0 and ESSB2LO, and CR-9200-A and CR-9200-B, contacts from • breakers Z52DG1A and 252DG1B; TIMERS T1 AND 72; CR-9240, CR-9228, CR-9215, and TR-9212. On print E-1203, page p-1600, CR-9226, CR-9201, CR-9202, TR-9205, TR-9206, CR-9205, CR9206, Ti, T2, 286G1A, and 286G18 also appear to compromise the independence of the redundant systems. Page P-30 of E-1203 indicates that auxiliary relay DEV86RT, through its contacts, initiates the start/run logic of all four diesel engines. The single failure of this control relay could prevent all four diesel engines from being started automatically and, in the case. of a credible design basis event, the relay could prevent the diesel engines from being started manually. 9 4. CONCLUSIONS The review of the Fort St. Vrain documents and drawings revealed the following deficiencies in the onsite AC "standby" system. 1. As discussed in section 3.2, the present breaker control circuit design may prevent the automatic energizing of the 480V essential buses. 2. As discussed in section 3.3, PSC has not complied with the NRC concerns. The potential for a single failure disabling the "standby" power system still exists. Independence between the two emergency diesel generator power systems has not been achieved. As stated earlier, the proposed modifications (re-wiring of the terminal blocks) do not eliminate the i potential for a single failure disabling the standby • power system, and do not provide the required independence between the redundant power systems. 3. As discussed in section 3.4, there are a number of control interconnections between the redundant generators and circuit breakers that may allow a single failure to result in the loss of both "standby" power systems. 10 It is recommended that the licenses perform a detailed single failure analysis and propose any necessary corrections in the design to the NRC for review and concurrence. • 11 5. REFERENCE DOCUMENTS 1. Licensee Event Report, Fort St. Vrain Unit No. 1, Docket No. 50-267, "Failure of Diesel Generator to Close-In During Loss of Outside Power Test," December 18, 1984. 2. NRC letter, E. H. Johnson to 0. R. Let , with enclosed Safety Evaluation of Emergency Electrical Power System, July 10, 1985. 3. Fort St. Vrain, Final Safety Analysis Report, Updated FSAR, Revision 2, Section VIII. 4. Fort St. Vrain Unit No. 1 Schematic Diagram, Drawing No. E-1203. 5. PSC letter, 0. W. Warembourg to D. R. Hunter, P-85318, September 13, 1985. 6. Proto-Power Corporation, "Truth-Analysis/Action-Reaction Review of 480V Essential Bus Tie Breaker Control Scheme," August 1985. 12 • APPENDIX A FAULT TREE ANALYSIS OF DIESEL AND LOAD BREAKER SEQUENCING LOGIC • A-1 APPENDIX A FAULT TREE ANALYSIS OF DIESEL AND LOAD BREAKER SEQUENCING LOGIC A fault tree analysis was performed on the diesel engines and output breaker sequencing logic based on control diagram E1203, page P-1601. The analysis was performed using the methodology presented in IEEE Standard 352-1975. The analysis, as presented in Figures A-1 through A-3, shows that the events leading to failure of the essential buses are as follows: 1. Loss of all power sources. 2. Loss of the output breakers from the emergency diesel generators. On generator 1A, for example, breaker 252DG1A will not be closed if relays CR-9203 and TR-9201 have not been energized. Relay CR-9203 will not be energized if any of the following occurs: The contacts of IRSX1A or CR-9201 are open; P1 or P2 is open; timer circuits are open; the contacts of TR-9212, TR-9211, or 286G18 are open. A-2 Since the contacts of all these relays are in series, either contacts CR-9252-A or CR-92522-B can be open and relay IRSX1A will not be energized. Relays CR-9252-A and CR-9252-B are energized only when both engine 1A and engine IB are running. Therefore, in order to close DG output breaker 252DC1A, both engines (XA and 1B) must be running. This same logic condition exists on generator 18 (breaker 2520G1B) and on engines 1C and 10. A-3 { \ \�\ ([ - - 2 . C /} k\ _ 2Q _. )k .}/ c_ . ); . - - CO `C -' _ C-- § �!R \ § } - x cc . ! C @as ... C;& , '---( ' %§U ��e! 2&2 s� 7 2§G § \ _�r • § f 2 k!@ i . _ a • Mg i 7@ =a! • 2 •Co—. . ' )E! . . )46 \§ 2§ §f @| f§ 22 )i - se k! _ 2 i _ 22 A-4 CP • L'\{E e j ek» ad _ . \} H - \c. 3C Su\ � �»§! sr t.a < ' ) CC cc \ AEG §} yK§ k .. \ . : % _ « §)2 cc CF : 4. !� c.;! :K§ 22! _ - - o §u2 . E @ 2 i<T_ -®- ! 4. citg --(IF— el\ =at cn m2■ -.e !2 = k)( - FCC ( (t ■ig 21 LI ` \k ! „ SI �A' <1;E&k bE 36;; I§& _ \\k _ -a7\ --- \G§ 2$§a )■ AS 1O• co o co • /(Ca;4r f ! 30 2 X31§; = 7 . - a ct W - \ - )§ ; m )@ } - . §7|f f } . -*I- ' a- .2 —. §) §ct ) a. ' ()) s . , — _ .. § . 2 k 2 &\ /k < /{ a11 kk V. - §;% - . 41 j cc& 2 KC §!; ■ } / =; \ W f\m 2/ _ }«2 _!\ . )) §• 3-»_ y ' P. 7 , }\ _ _§& §! - !r� ` r + - �� ___Eci -- r _ _ kKk0 -iv - 0*g - -C . „<1 [tog |-_ ate AE • JL Q,R RECV(J ^� • UNITED STATES a f , g NUCLEAR REGULATORY COMMISSION ; WASHINGTON,D.C.20555 °yy November 12, 1986 Docket No. 50-267 i 77A. Mr. R. 0. Williams, Jr. Vice President, Nuclear Operations NOV 1,8 Public Service Company £5 of Colorado • Post Office Box 840 GREELE-Y. COLO, Denver Colorado 80201-0840 Dear Mr. Williams: SUBJECT: FORT ST. VRAIN'S EMERGENCY ELECTRICAL POWER SYSTEM DESIGN COMPLIANCE WITH THE SINGLE FAILURE CRITERION - REVIEW STATUS REPORT References: 1. NRC, Region IV letter (E. H. Johnson) to PSC (0. R. Lee) , dated July 10, 1985. 2. PSC's letter (D. W. Warembourg) to NRC, Region IV (P. R. Hunter), dated September 13, 1986. In Reference 1, we identified certain design discrepancies in the automatic control circuitry of the emergency diesel generator's (EDG's) circuit breakers, which compromised the independence requirements that Fort St. Vrain (FSV) has committed to meet in the FSAR. Because of the inherent capability of the FSV design to withstand the total loss of AC power (i.e. , all offsite power sources and the two class lE EDGs) for at least two hours without the need for cooling the core, the plant was allowed to operate in the interim, while the necessary modifications in the breaker's automatic control circuitry were being incorporated. These modifications eliminate the single failure problems. Also, the FSV design provides for an alternate cooling method (ACM) , which includes a non-class 1E power source that is independent from the offsite power sources and class lE EDGs. Furthermore, Reference 1 indicated that no single failure in the automatic control circuit of the EOGs' circuit breakers (preventing both of them from closing) would result in the loss of manual capability to close at least one EDG circuit breaker. The manual operation of these EDG breakers or the manual initiation of the ACM could readily be accomplished within the time frame available to assure core cooling. In Reference 2, Public Service Company of Colorado (PSC) submitted a response to our concerns and proposed certain wiring changes to eliminate the discrepancies identified in Reference 1. The submittal was reviewed by our contractor, EG&G Idaho, Inc. , whose findings are contained in the enclosed draft Technical Evaluation Report (TER) (Enclosure 2). At FSV, the class 1E electric power system is comprised of three buses (two redundant and one swing bus) with two 100% load capacity EDGs and an 5c1 Avg I I_f`I-gb Mr. R. 0. Williams, Jr. - 2 - offsite power source connection to each bus. A loss of voltage or degraded voltage condition from the offsite power sources reflected on any two of the three class lE buses would result in the automatic starting of both EDGs. The EDG that attains the rated voltage and frequency first is automatically connected to its associated bus and the swing bus. The DC control power for breakers on each of the three buses is provided from two redundant, 125 volt class lE battery supplies. The FSV design also provides for a non-class 1E, non-redundant system, which includes the ACM diesel generator. In Reference 1, we identified that the automatic closing circuit of one redundant EDG circuit breaker is dependent on the operation of relays or contacts associated with the other redundant EDG circuit breaker. As such, the interlocks from one division used in the breaker close circuitry of the other division, could potentially prevent the operation of both circuits due to a single interlock failure. In the case of the DC control supply to the breakers on each of the three buses, the FSV design provides automatic switching between the redundant divisions of the DC power supplies. We noted that a fault in one division could be propagated to the redundant counterpart leading to the total loss of DC power. To discuss your proposed modification (Reference 2) and the draft TER (Enclosure 2), a meeting was held among NRC staff, EG&G's representatives, and PSC's personnel on August 14, 1986. The staff explained why the proposed modification (Reference 2) fails to provide the required independence in the automatic control circuitry of redundant EDG circuit breakers. The staff also stated its concerns that the automatic switch-over of DC control power from one redundant division to the other can lead to the total loss of DC power. In this meeting, the PSC personnel proposed a temporary modification in the DC control power supply to the loss of voltage and degraded voltage logic circuitry that provides signals to start the EDGs. This modification was necessary to eliminate a single failure problem in the logic, which PSC had recently identified (discussed in Enclosure 1) . The staff noted that this modification resolved a specific design problem. However, the staff remains concerned about the vulnerability of this design to the total loss of DC power from the existing automatic switch-over scheme. The PSC personnel agreed to examine the design and propose to implement a solution that will preclude the total loss of DC power as a result of a single failure before restart of the plant. The addition of a third battery (preferred) or manual operation instead of the automatic switch-over scheme between the redundant DC buses were presented as possible alternatives for resolving this problem. It is noted that these modifications must be done in such a manner that would not degrade the capability of the design to isolate the onsite AC system from the offsite power source during degraded grid conditions assuming a single failure. Also, the redundant portions of the standby AC system (EDGs) and the redundant portions of the DC supply should meet the single failure criterion. Since the proposed modifications do not achieve the required independence in the automatic control circuitry of the EDG circuit breakers, the PSC personnel were requested to demonstrate that no single failure will disable the manual capabilities to Mr. R. 0. Williams, Jr. - 3 - start the diesel generators, to close the EDG circuit breakers, and to start all necessary safety loads. In addition, PSC was requested to demonstrate that no single failure can cause paralleling of the redundant diesel generator sets, which may lead to the loss of both diesel generators. The acceptability of the design in these two cases must be established before restart of the plant. Our discussion with your personnel identified differences among the actual design, system operation, and the FSAR. Also, the analysis performed by Proto Power Corporation (Reference 2) contained incorrect information, which PSC did not identify before submittal to the NRC. Our understanding of the proposed modifications and the operation of the class lE standby electric power systems, and its operation as described in the FSAR and by PSC in the meeting of August 14, 1986 is contained in our status report (Enclosure 1). We request that PSC submit to us resolutions to these problems before restart of the plant. Your proposal should cover the major concerns addressed herein and contain a commitment to complete these changes on a well defined schedule. We would hold a second meeting with your staff approximately two weeks after your submittal was received to discuss and potentially accept your proposal as a basis for plant restart and continued operation. A full description of the proposed modifications, the analysis to demonstrate manual capabilities as identified above, and the necessary FSAR changes to reflect the design capabilities of the as-built systems, should be submitted for NRC review and approval prior to the actual changes being made. The information requested in this letter affects fewer than 10 respondents; therefore, OMB clearance is not required under P.L. 96-511. Sincerely, Kenneth L. Heitner, Project Manager Standardization and Special Projects Directorate Division of PWR Licensing-B Office of Nuclear Reactor Regulation Enclosures: As stated cc w/enclosures: See next page Mr. R. 0. Williams Public Service Company of Colorado Fort St. Vrain cc: Mr. D. W. Warembourg, Manager Albert J. Hazie, 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 Mr. David Alberstein, 14/159A Mr. J. W. Gahm, Manager GA Technologies, Inc. Nuclear Production Division Post Office Box 85608 Public Service Company of Colorado San Diego, California 92138 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Mr. H. L. Brey, Manager Nuclear Licensing and Fuel Division Mr. L. W. Singleton, Manager Public Service Company of Colorado Quality Assurance Division P. 0. Box 840 Public Service Company of Colorado Denver, Colorado 80201 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Senior Resident Inspector U.S. Nuclear Regulatory Commission Mr. R. F. Walker P. 0.Box 840 Public Service Company of Colorado Platteville, Colorado 80651 Post Office Box 840 Denver, Colorado 92138 Kelley, Stansfield & O'Donnell Public Service Company Building Commitment Control Program Room 900 Coordinator 550 15th Street Public Service Company of Colorado Denver, Colorado 80202 2420 W. 26th Ave. Suite 100-D Denver, Colorado 80211 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Chairman, Board of County Commissioners of Weld County, Colorado Greeley, Colorado 80631 Regional Representative Radiation Programs Environmental Protection Agency 1 Denver Place 999 18th Street, Suite 1300 Denver, Colorado 80202-2413 Encicsure 1 ONSITE CLASS lE FORT ST. VRAIN (FSV) POWER SYSTEMS DESIGN FEATURES REVIEW STATUS REPORT BASED ON THE FSAR AND AUGUST 14, 1986 MEETING WITH THE LICENSEE PUBLIC SERVICE COMPANY OF COLORADO DOCKET NO. 50-267 1) System Independence Paragraph 4 of Section 8.2.5.1 of the FSAR states: "The onsite power supplies are completely independent and meet the single failure criterion." Our review of emergency diesel generator (EDG) circuit breaker control circuitry revealed that single permissives or interlocks compromised the independence of redundant systems. In the August 14, 1986 meeting, the licensee indicated that the FSAR will be revised to indicate that the independence will be met only where it is consistent with: the existing design. This would require a thorough review of all class 1E Systems and an analysis to demonstrate that no single failure can disable both redundant systems. Section 8.2.5.2 of the FSAR states: "Loss of a DC Bus. The loss of a DC bus does not result in an unsafe condition, since two separate, normally independent systems are provided. A bus-tie switch is used to reenergize a DC bus from the other battery, if required. The switchgear is provided with redundant DC control power supplies, so that failure of any one battery would not affect the operation of control circuits of any critical load. If one of the 125 V DC systems fails, control power to the switchgear affected is restored by switching to the alternate supply." - 2 - From this statement in the FSAR and its commitment to meet the redundancy and single failure criterion, it is inferred that the FSV design, which uses a bus-tie switch to restore the DC control power to one division equipment from the redundant division, will involve only a manual operation. However, the licensee has informed the staff that it is an automatic feature. This could propagate the fault in one division to the redundant counterpart and could lead to the total loss of DC power. • 2) EDG Operation And Loading The following sections of the FSAR show automatic loading of 480 volt class 1E buses 1, 2 and 3: (a) Section 8.2.2.2 states: "The essential 480 VAC load center buses 1, 2, and 3 are energized from the standby generators and essential loads are restarted by automatic sequencing programs." (b) Section 8.2.3.5 states: "Two load-sequencing programmers are provided for each diesel generator set. For the first diesel generator in service, one programmer sequences the starting of essential equipment required for the safe shutdown of the plant (Sequence "A" loads shown in Tables 8.2-4 and 8.3-5). When the second diesel generator starts, a load-sequencing programmer will sequence the starting of sequence "B" loads (shown on Tables 8.2-6 and 8.2-?) . Should the programmers become inoperable, the operator can manually sequence the restarting of essential equipment from the main control board." Besides the automatic loading feature on each of the two divisions, sequence "A" or sequence "B", the data in Tables 8.2-4 and 8.2-5 indicate that the swing bus 2 loads are automatically energized along with the loads on bus 1 or 3 (sequence A or sequence B). - 3 - In the meeting of August 14, 1986, the licensee informed the staff that the swing bus 2 loading is only manual . Also, the EDG with both engines working is the one that is automatically connected to the bus. The other EDG, either with only cne engine working or being second in line to reach rated voltage and frequency, is connected only manually to bus 1 or 3, whichever is second in line. When both EDGs are driven by only one engine each, the automatic closure of their output breakers is automatically inhibited. In this state, closing of the EDG breakers and loading of the EDGs is designed to be manual . 3) Additional Concerns a) Physical , Electrical Independence: A review of the electrical schematic diagrams for the 480 VAC essential buses indicated cases where the system physical and electrical independence appears to have been compromised. Redundant circuits are physically wired to common terminal blocks such that the circuits are in close proximity to each other. The electrical independence is compromised in those cases where the redundant circuits are wired to common devices such as relays. These relays are used for both control functions and permissive functions. It has been the staff's practice not to accept such commonality in the case of the permissives, and has required electrical independence. It is possible for the contact block on a relay or circuit breaker to fail and thus disable all circuits connected to the control block. b) Degraded Grid and Loss of Voltage Protection: During the licensee's study of FSV's degraded grid and loss of protection logic system, they discovered that two of the three logic trains (one on each 480 volt buses 1, 2 and 3) were powered from the same 125 VDC source. - 4 - This 2-out-of-3 logic combination will start both EDGs. If the above stated DC power fails, the EDGs will not get a signal to automatically start on degraded grid voltage or loss of voltage as intended. The licensee proposed to correct this situation by powering each of the three logic trains from the associated DC power supply circuit used for the control of the 480 VAC switchgear, rather than directly from the two DC buses. In this way, •if one of the DC buses failed, the auto-throw-over (A-T-O) circuit would switch the affected logic train to the remaining DC bus. The A-T-O scheme is an existing automatic control circuit that was installed at each of the three switchgear sets (bus 1, 2 and 3) to switch control power between the two redundant DC buses in the event that one of the buses fails. The staff noted that this temporary modification resolved a specific design problem. However, the vulnerability of the design to the total loss of DC power still remains in the existing A-T-O scheme. The licensee agreed to examine and implement a solution that will preclude the loss of DC power as a result of a single failure. Some of the possible solutions discussed during the meeting involved using the existing "C" battery as a third DC bus, changing relay logic from normally de-energized to normally energized, and manually switching the DC buses. In all cases, the proposed solutions involve plant modifications to existing circuits and the installation of additional equipment and hardware. ACTION ITEMS At the conclusion of the meeting, the Public Service Company of Colorado (PSC) and the NRC agreed to the following actions items: 1. The NRC will write a memorandum to PSC regarding the FSV design of the EDGs and 480 VAC essential buses. This will contain the staff's position and concerns, regarding the licensee's proposed - 5 - temporary modification involving the DC supply to the undervoltage relay logics. (This review status report completes this action). 2. The licensee will draft a letter outlining the actions that they are going to take to resolve the staff's concerns expressed in this review status report and discussed during the August 14, 1986 meeting. 3. The licensee will provide analyses that will show: a. Manual capability exists to control the 480 VAC circuit breakers; b. The EDGs can not be paralleled; c. No single failure in the automatic circuits will inhibit the manual controls for the EDGs or for the 480 VAC essential component circuits breakers. 4. The licensee will remove common relays DEV-86RT and DEV-86ET1 from the EDG circuits prior to re-start. [Ref: PSC letter dated 7-1-86 from D. W. Warembourg (PSC) to H. Berkow (NRC).] Prepared by: I. Ahmed, DPWRL-8 Date: • Enclosure 2 EGG-NTA- Aug use' 7,/984 D R A F REVIEW OF THE FORT ST. VRAIN ONSITE AC "STANDBY" POWER SYSTEM WITH REGARDS TO COMPLIANCE TO THE SINGLE FAILURE CRITERION AND THE SER DOCKET NO. 50-267 TAC NO. 59801 INEL Reviewers — J. F. Jacobsen/A. E. Nolan NRC LEAD Reviewer — I. Ahmed INEL PROGRAM Manager - C. 1. Nalezny NRC FSV Project MANAGER - K. Heitner NRC Program Manager - M. Carrington Idaho National Engineering Laboratory EG&G Idaho, Inc. Prepared for the U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Under DOE Contract No. DE-AC07-761001570 FIN No. D6023 CONTENTS Acknowledgments ii Abstract Summary iv 1. INTRODUCTION 1 2. DESIGN BASE CRITERIA 2 3. EVALUATION 3 3.1 System Description 3 3.2 Event Analysis 5 3.3 Licensee Response to NRC Concerns 6 3.4 Additional Examples of Single Mode Failures 9 4. CONCLUSIONS 10 , 5. REFERENCES 12 i APPENDIX A A-1 i ACKNOWLEDGMENTS The author would like to acknowledge D. J. Henderson for his assistance in analyzing emergency diesel generator systems, A. D. Hill for his assistance in functional operation of electrical distribution equipment, and B. L. Collins and R. E. Polk for their technical assistance throughout the review. ii ABSTRACT This report was prepared for the U.S. Nuclear Regulatory Commission (NRC) to assist them in evaluating the Fort St. Vrain (FSV) Nuclear Power Generating Station onsite AC "standby" power system for compliance with 10 CFR 50, Appendix A, General Design Criteria 17 (Single Failure Criteria). This report also evaluates the Public Service Company of Colorado (PSC) response to concerns expressed by the NRC in their Safety Evaluation Report (SER) , which evaluates the December 18, 1984, failure of the onsite AC "standby" power system (Licensee Event Report [LER] 50-267). iii M i. SUMMARY The Fort St. Vrain onsite AC "standby" power system failed during a semi-annual loss-of-offsite-power and turbine trip surveillance test on December 18, 1984. Subsequent to this evert, the Nuclear Regulatory Commission (NRC) asked EG&G Idaho to review the responses of the licensee for compliance to the single failure criteria and for compliance to the Safety Evaluation Report (SER) issued by the NRC. EG&G Idaho has reviewed the Licensee Event Report (LER), supporting documentation, electrical diagrams, FSAR, and correspondence submitted by the licensee to the NRC in connection with this event. The review determined that the proposed modifications to the system by Public Service Company of Colorado (PSC) did not resolve the concerns as pointed out in the SER. The diesel engines and their associated generator output breakers remain susceptible to a single failure that will result in the loss of all 'standby" power. iv 1. INTRODUCTION On December 18, 1984, the Fort St. Vrain Nuclear Power Generating Station (FSV) experienced a total failure of the onsite AC "standby" power system during a semi-annual test of the system.1 As a result of this failure and of other NRC concerns about the independence of redundant power sources in the "standby" system, the NRC evaluated the FSV emergency electrical systems. The results of this evaluation were contained in a Safety Evaluation (SE) , which was transmitted to the licensee on July 10, 1985.2 The SE addressed two safety-related concerns, raised the question of possible nonconformance to the FSAR, and concluded that the plant could be operated, relying on manual controls, for an interim period while actions to correct the safety-related concerns were being pursued. The licensee responded by letter, dated September 13, 1985,5 which transmitted the Proto-Power Corporation's evaluation of the FSV's • onsite "standby" power system and their recommendations. The NRC then contracted EG&G Idaho to: 1) review the emergency diesel generator (EDG) system for compliance to the single failure criteria; 2) review FSV's proposed resolution to the NRC's concerns, as raised in the SER; and, 3) evaluate the independence of redundant "standby" power sources. 1 2. DESIGN BASE CRITERIA The following design base criteria were applied in the evaluation of the Fort St. Vrain "standby" AC power system: 1. General Design Criterion 17 (GDC) , "Electrical Power Systems," of 10 CFR 50 Appendix A, "General Design Criteria for Nuclear Power Plants." 2. IEEE Standard 279-1971, "Criteria for Protection Systems for Nuclear Power Generating Stations." 3. IEEE Standard 308-1974, "IEEE Standard Criteria for Class 1E Power Systems for Nuclear Power Generating Stations." 4. IEEE Standard 384-1981, "IEEE Standard Criteria for Independence of Class 1E Equipment and Circuits." 5. IEEE Standard 352-1975, "IEEE Standard Criteria for Class 1E Power Systems for Nuclear Power Generating Stations." 6. IEEE Standard 379-1977, "IEEE Standard Application of the Single Failure Criterion to the Nuclear Power Generating Station Class 1E Systems." 2 3. EVALUATION 3.1 System Description As shown in Figure 1, the FSV onsite AC power system consists of two 1210 kW emergency generators (each driven by two diesel engines) , output breakers, redundant primary buses (No. 1 and No. 3) , and a smaller swing bus (No. 2). The buses are common to both the offsite power source and the emergency diesel generators (EDG) . The swing bus automatically connects to the first primary bus energized. Interlocks prevent the swing bus from connecting to both primary buses at the same time. With both diesel engines connected, each generator is designed to supply the combined loads cf its respective primary bus and the swing bus. If required, each generator can be manually connected to its primary bus and the swing bus. The FSV Final Safety Analysis Report (FSAR)3 states that if either one of the two diesel engines fails, it will be declutched from the generator, and the remaining engine should continue to drive its respective generator at 50% of the generator's rated capacity. 3 Offsite Power Offsite Power I 1 2 25212 25212 3 (Swing Bus) :) 252DG1A :) 252DG18 Diesel Diesel Diesel Diesel Engine _ Engine Engine Engine lA — 18 1C 1D Generator - Generato- 1A 16 FIGURE 1 FORT ST. VRAIN ONSITE AC "STANDBY" POWER SYSTEM 4 3.2 Event Analysis In an effort to determine FSV'S compliance to the single failure criteria and to the provisions of the SER, a simplified fault tree analysis was performed on the diesel engine and load breaker sequencing logic based on control diagram E-1203, page P.1601.4 This analysis is presented in Appendix A. The results of tie analysis confirmed the statements in the SER that unless both diesel engines associated with a given generator are running that generator will not pick up the load upon loss of off-site power. However, the analysis also showed that, when one of the redundant generators has picked up the load (both diesel engines running), the off-line generator can be placed on-line with only one of its diesel engines running. In the December 18th event, diesel engine 1A of generator IA had been disconnected as part of the test. Shortly after the test was initiated, diesel engine IC of generator 18 shut down and declutched. Since neither generator had both engines running, the output breakers could not close. The results of the reliability calculations in the Fort St. Vrain FSAR are based on an operational "standby" system with a two-out-of-four failure. PSC has stated that a two-out-of-four 5 diesel engine failure cannot disable the "standby" power system. However, our analysis shows that a two-out-of four failure can cause a total failure of "standby" power. 3.3 Licensee Response to NRC Concerns In response to the concerns expressed by the NRC in the SER, PSC contracted the Proto-Power Corporation to conduct an overall evaluation of the FSV onsite "standby" power system. This study evaluated the 480 VAC essential bus tie breaker control scheme. The study included the 480V essential bus undervoltage relays and sensors, the 480V switchgear bus supply breakers, the 480V essential bus tie breakers, the diesel generator circuit breakers, the load sequencer, timers T1 and 72, and the diesel engine start/run circuitry.6 As a result of•their evaluation, Proto-Power Corporation recommended that PSC rewire certain terminal blocks to provide • physical separation of the essential circuits. This recommendation is superficial at best, as it does not achieve the independence between the two redundant systems. The relays and their contacts still interact with the two redundant systems, and the potential for common mode failures remains. 6 In addition to recommending the rewiring of the terminal blocks, the Proto-Power report disclosed a potential failure associated with the synchronizing (sync) switch with respect to a degraded bus condition. Under normal operating conditions, when the voltage of the on-line bus drops to the 77.5% level , the associated output breaker is tripped and the associated tie breaker is closed to transfer the previously degraded bus to another operating bus. The report pointed out that if the sync switch is failed, or if the operator neglected to return the sync switch to the "OFF" position, the degraded bus associated output breaker would be inhibited from tripping, and the possibility would exist for paralleling the degraded bus to a normal operating bus by closing the associated tie breaker. As a result, Proto-Power recommended that a normally closed contact on the output breaker be wired in series with the applicable contact that closes the associated tie breaker. This modification well prevent the associated tie breaker from being closed if the associated output breaker has not been opened. The sync switch is used only during load testing to sync the diesel generator frequency and phase with off-site power. The sync switch at FSV is of the maintained-contact type, as opposed to the spring return to off, or normal , position which is usually used. 7 PSC stated that, in addition to the recommendations made by the Proto-Power Corporation, other analyses performed on the "standby" system showed that automatic closure of each EDG output breaker is provided for through two diverse paths. Therefore, the automatic operation of a redundant power supply (EDG) is assured. This statement is essentially in error, since "diverse" means to have different forms or components. The paths for the closure of each EDG output breaker are idential in their design, function, and components, and both paths are subjected to the potential for common mode failures. The Proto-Power recommendation did not remove the components that are common to the two paths. 3.3.1 Analysis of the Licensee's Response ` An analysis of the licensee response determined the following: 1. The rewiring of certain terminal blocks achieves only physical separation of the wiring of redundant circuits and does nothing to create electrical independence of the redundant circuits. No functional changes to the existing circuits were made. 2. The rewiring of the sync switch removed the potential for paralleling a degraded bus to an operating bus. 8 3. In spite of the claim of there being two diverse paths to provide for the automatic closure of the EDG supply breakers, the analysis shows that the breakers will not close if either of the generators does not have both diesel engines connected (running). 3.4 Additional Examples of Single Mode Failures From the schematic diagrams provided by the licensee, it appears that system independence has been comprised many times. For example, on PSC drawing E-1203, page P-1601, the plant design allows for the following devices to be supplied from both redundant instrument buses ESSB1L0 and ESSB2L0, and CR-9200-A and CR-9200-B, contacts from • breakers 252DG1A and 252DG1B; TIMERS Ti AND T2; CR-9240, CR-9228, CR-9215, and TR-9212. On print E-1203, page p-1600, CR-922B, CR-9201, CR-9202, TR-9205, TR-9206, CR-9205, CR9206, T1, T2, 286G1A, and 286G1B also appear to compromise the independence of the redundant systems. Page P-30 of E-1203 indicates that auxiliary relay DEV86RT, through its contacts, initiates the start/run logic of all four diesel engines. The single failure of this control relay could prevent all four diesel engines from being started automatically and, in the case of a credible design basis event, the relay could prevent the diesel engines from being started manually. 9 4. CONCLUSIONS The review of the Fort St. Vrain documents and drawings revealed the following deficiencies in the onsite AC "standby" system. 1. As discussed in section 3.2, the present breaker control circuit design may prevent the automatic energizing of the 480V essential buses. 2. As discussed in section 3.3, PSC has not complied with the NRC concerns. The potential for a single failure disabling the "standby" power system still exists. Independence between the two emergency diesel generator power systems has not been achieved. As stated earlier, the proposed modifications (re-wiring of the terminal blocks) do not eliminate the potential for a single failure disabling the standby • power system, and do not provide the required independence between the redundant power systems. 3. As discussed in section 3.4, there are a number of control interconnections between the redundant generators and circuit breakers that may allow a single failure to result in the loss of both "standby" power systems. 10 It is recommended that the licensee perform a detailed single failure analysis and propose any necessary corrections in the design to the NRC for review and concurrence. 11 5. REFERENCE DOCUMENTS 1. Licensee Event Report, Fort St. Vrain Unit No. 1, Docket No. 50-267, "Failure of Diesel Generator to Close-In During Loss of Outside Power Test," December 18, 1984. 2. NRC letter, E. H. Johnson to 0. R. Lee, with enclosed Safety Evaluation of Emergency Electrical Power System, July 10, 1985. 3. Fort St. Vrain, Final Safety Analysis Report, Updated FSAR, Revision 2, Section VIII. 4. Fort St. Vrain Unit No. 1 Schematic Diagram, Drawing No. E-1203. 5. PSC letter, D. W. Warembourg to D. R. Hunter, P-85318, September 13, 1985. 6. Proto-Power Corporation, "Truth-Analysis/Action-Reaction Review of 480V Essential Bus Tie Breaker Control Scheme," August 1985. • 12 APPENDIX A FAULT TREE ANALYSIS OF DIESEL AND LOAD BREAKER SEQUENCING LOGIC A-1 APPENDIX A FAULT TREE ANALYSIS OF DIESEL AND LOAD BREAKER SEQUENCING LOGIC A fault tree analysis was performed on the diesel engines and output breaker sequencing logic based on control diagram E1203, page P-1601. The analysis was performed using the methodology presented in IEEE Standard 352-1975. The analysis, as presented in Figures A-1 through A-3, shows that the events leading to failure of the essential buses are as follows: 1. Loss of all power sources. 2. Loss of the output breakers from the emergency diesel generators. • On generator 1A, for example, breaker 252DG1A will not be closed if relays CR-9203 and TR-9201 have not been energized. Relay CR-9203 will not be energized if any of the following occurs: The contacts of IRSX1A or CR-9201 are open; P1 or P2 is open; timer circuits are open; the contacts of TR-9212, TR-9212, or 286G1B are open. A-2 Since the contacts of all these relays are in series, either contacts CR-9252-A or CR-92522-B can be open and relay IRSX1A will not be energized. Relays CR-9252-A and CR-9252-B are energized only when both engine 1A and engine 18 are running. Therefore, in order to close DG output breaker 252DG1A, both engines (1A and 18) must be running. This same logic condition exists on generator 1B (breaker 252DG1B) and on engines 1C and 1D. A-3 • • • • /C.1 cc IC § kab - 0 Om `J c.i . , \\ ${ ul \( §/ 4.__ . - : )( —\\ ee cc (\ cc__ _ _ . (2i \ } { G E.\ #;e eV :■■ vs vl E&§ /§( 01 , , ;3; ■!2 `@ \ . 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W •^O N y ¢2 C)-W 0 V w 4 -I I- . W ;W_O O . 2 • g� r<7 sz O r •— W a _E_ x 0Y v o , ID 0 _=a u'- .-u z o U • Z ...-.1 C O[LL 9.. Q W t rr i c L $0o mo O P�a ¢g_ i CO y�u o r a--c¢_ t W 4 �pY ~4z S ¢Y3 -ULr .u0 CC Y N CM N 0 rD. • P W¢ t OLW z .- ¢N r U V a C • Q H a i r0 I-o y i O W CD O W W 9 •-Ch.Ze • Z^g- r N W Yp L_<Y Y; WK Nc UMtO iU- WLugWm Cti Y • tYi Uii Op .'OM ~- rY W C i 1 M Y 6.- ....L..a.J N 0 0 of H ti¢ N to or otc s A-6 ``EpR REoO'1 °� UNITED STATES s, ; NUCLEAR REGULATORY COMMISSION l WASHINGTON,D.C.20555 , �oy November 13, 1986 Docket No. 50-267 Mr. R. 0. Williams, Jr. Vice President, Nuclear Operations Public Service Company of Colorado P. 0. Box 840 Denver, Colorado 80201-0840 Dear Mr. Williams: SUBJECT: CHLORINE IN FORT ST. VRAIN PRIMARY COOLANT SYSTEM We have completed our review of your submittals dated January 31, March 18 and 26, 1985, and July 9, 1986 concerning chlorine in the Fort St. Vrain primary coolant system. Our review focused on your first evaluation, which covered the different sources of chlorine and estimated the amount of ingress. We have concluded that your evaluation provides useful information which, with certain limitations, could be used by you to reduce chloride-induced corrosion of the reactor components. Our Safety Evaluation is enclosed. Sincerely, Kenneth L. Meitner, Project Manager Standardization and Special Projects Directorate Division of PWR Licensing-B Office of Nuclear Reactor Regulation Enclosure: As stated cc w/enclosure: See next page 3 d Mr. R. 0. Williams 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 Mr. David Alberstein, 14/159A Mr. J. W. Gahm, Manager GA Technologies, Inc. Nuclear Production Division Post Office Box 85608 Public Service Company of Colorado San Diego, California 92138 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Mr. H. L. Brey, Manager Nuclear Licensing and Fuel Division Mr. L. W. Singleton, Manager Public Service Company of Colorado Quality Assurance Division P. O. Box 840 Public Service Company of Colorado Denver, Colorado 80201 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Senior Resident Inspector U.S. Nuclear Regulatory Commission Mr. R. F. Walker P. 0.Box 840 Public Service Company of Colorado Platteville, Colorado 80651 Post Office Box 840 Denver, Colorado 92138 Kelley, Stansfield & O'Donnell Public.Service Company Building Commitment Control Program Room 900 Coordinator 550 15th Street Public Service Company cf Colorado Denver, Colorado 80202 2420 W. 26th Ave. Suite 100-D Denver, Colorado 80211 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Chairman, Board of County Commissioners of Weld County, Colorado Greeley, Colorado 80631 Regional Representative Radiation Programs Environmental Protection Agency 1 Denver Place 999 18th Street, Suite 1300 Denver, Colorado 80202-2413 PEp Tick,/ = °s, UNITED STATES c NUCLEAR REGULATORY COMMISSION c WASHINGTON,D.C.20555 4OacY . Ay ''Ftt*.aD SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATING TO THE EVALUATION OF CHLORINE RELEASE INTO THE PRIMARY COOLANT SYSTEM PUBLIC SERVICE COMPANY OF COLORADO FORT ST. VRAIN NUCLEAR GENERATING STATION DOCKET NO. 50-267 1.0 INTRODUCTION By letters dated January 31, March 18 and 26, 1985 and July 9, 1986, Public Service Company of Colorado (PSC) submitted for our review their evaluation of the role played by chlorine in the primary coolant system with respect to corrosion of different safety related components. The evalua- tion was performed for PSC by a contractor. The PSC submittals consist of two parts. In Part I, the licensee evaluated different sources of chlorine and estimated the amount of chlorine ingress into the primary circuit. In Part II, the licensee evaluated corrosion effects produced by this chlorine. This safety evaluation covers Part I of the licensee's evaluation including the January 31 and March 18, 1985 submittals and a portion of the July 9, 1986 submittal . Our safety evaluation on Part II will be provided in the near future. The licensee's contractor performed an analytical and experimental study in order to determine possible sources of chlorine. The contractor deter- mined experimentally that the water incoming to the primary circuit did not contain chlorine and, therefore, the sources of chlorine existed somewhere within the primary coolant system. By making careful screening analyses, the contractor was able to determine the major sources of chlorine as well as the mechanisms by which this chlorine was introduced into the primary coolant (helium) . Three mechanisms of chlorine transfer into the primary coolant system were identified. These were: 1) water leaching of chlorides, 2) releases of hydrogen chloride (HC1 ) to dry helium on heating, and 3) release of HC1 to moist helium on heating. The contractor has established that the majority of chlorine was introduced as HC1 on heating different chlorine-containing materials in contact with dry helium. In order to obtain quantitative estimates of the amount of HC1 present, the contractor performed tests and from the results of these tests was able to estimate not only the amounts but the approximate time of release of HCl aS well . Two types of tests were performed: water leaching tests and heating in contact with ory and moist helium. Also, the contractor measured concentrations of C1-36 radioisotope in the chloride deposits on different components of the primary coolant system. From the results of - 2 - these tests, the contractor predicted that during the total time of plant operation, 300g of chlorine were released into the primary system. Of this amount, 200g of chlorine were released at the beginning of plant operation, mainly as HC1 from the heated core and graphite moderator. An additional 50g were released after reloads from new fuel , and finally, SOg were released by hydrolysis of chlorides by moist helium. It should be recognized that the above estimates are very approximate since they were extrapolated from the test data to full scale plant conditions. Therefore, they cannot be expected to possess a high degree of accuracy. Despite these limitations, the information is still very useful in determining the environment to which different components in the primary coolant system were exposed and thereby permitting a finding as to the probable cause of their corrosion. 2.0 EVALUATION An estimate of the amounts, sources, and times of chlorine ingress into the primary coolant system during plant operation was required as a first step in performing an evaluation of the corrosion of safety related components at Fort St. Vrain. The licensee's contractor approached this issue 5y performing analytical and experimental studies with the objective of providing answers to the following questions: (1) What were the sources of chlorine ingress? (2) What were the mechanisms by which this chlorine entered the primary coolant system? (3) What was the amount of the chlorine ingress? (4) At what times during plant operation did different amounts of chlorine enter into the plant's primary coolant system? In order to answer these questions, the contractor performed several tests. The first test consisted of analyzing incoming water for chlorides. The results of this test indicated that there were no chlorine compounds in the incoming water, and hence the sources of chlorine were within the primary coolant system or within the systems remaining in direct communication with it. The possible candidates for chlorine- containing materials were: concrete, graphite, fuel, ceramic insulation and titanium sponge. Chlorine-containing compounds could be released from these sources in three different ways: (1) As chlorides by water leaching; (2) As HC1 by heatino in contact with dry helium; (3) As HC1 by hydrolysis of chloride salts in contact with moist helium. To determine the magnitude of water leaching release, the contractor performed a test in which crushed materials were boiled in water for two hours. Except for concrete, other materials released only relatively small amounts of chlorine. Although concrete constituted a major source of leached chlorides, other materials like graphite or ceramic insulation, - 3 - because of their large masses, could also become significant contributors. Because leached chlorine was in the form of chlorides which are nonvola- tile and therefore not readily transportable by the circulating helium, the contractor implicitly considered this mechanism as having a very minor effect on the overall chlorine ingress. We consider this judgment to be somewhat speculative, although lack of volatility of the leached chlorides makes this a logical assumption. A more important mechanism for chlorine release is heating of certain chlorine-containing materials in contact with helium. The importance of this mechanism is due to the fact that in this case, chlorine is released in the form of volatile HC1 which can be easily transported by the circulat- ing helium and deposited on various components resulting in their corrosion. The contractor performed a series of experiments with different materials which remained in contact with hot helium in the plant. The experiments consisted of heating these materials to temperatures between 370°C and 950°C and simultaneously passing helium over them. The released HC1 was collected and its amount measured. The experiments were performed by initially passing dry helium over a sample and then, after a certain time, passing helium saturated with water vapor. The results of these tests indicated that a considerable amount of HC1 could be released by this mechanism. Dry helium removed the HCl contained in the material tested. In general , this release occurred at the beginning of the heating period with only very small amounts released afterwards. When moist helium was passed over the sample, chloride salts were hydrolized and additional HC1 was released. This release was also relatively small when compared to the initial release. The contractor extrapolated these results to the condi- tions existing in the Fort St. Vrain plant and determined that about 100g of HC1 would be released from the core and an additional 100g from the graphite moderator. Titanium sponge would release only a very insignifi- cant amount of HC1 , somewhere between 1 and 3g. Later in the life of the plant, an additional 50g would be released from the new fuel after reload startups and 509 after moisture ingress. The total amount of HC1 released would be slightly over 300g, resulting roughly in 300g of chlorine. In reviewing this part of the analysis, we found that the HC1 release in these experiments reflected fairly accurately the general nature of the release mechanisms existing in the plant. However, application of the data by simple extrapolation to the plant conditions at best could only produce very approximate results. This is due to the fact that in the actual plant, release of HC1 was controlled by much more complex mechanisms. The reported figures for chlorine release should, therefore, be treated as a very gross approximation which was obtained without spending a large amount of time and effort. It is, however, still a very useful body of information for evaluating chloride—induced corrosion in the plant. In addition to the quantitative studies of chlorine release, the contractor performed a study to determine the approximate times at which different amounts of chlorine were released. Information was obtained by measuring the concentrations of radioactive isotope C1-36 present in chloride deposits - 4 - on different components of the primary coolant system. C1-36 is formed by neutron activation of C1-35, and for a given neutron flux its concentration is proportional to the time of exposure. The contractor measured the concentration of C1-36 (expressed as ,Q Ci C1-36/g C1 ) on the following compo- nents: control rod drive cable wire, moisture monitor valve, circulator duct, circulator bolts, plateout probe, HPS knockout pot and reserve shutdown system balls. The measured concentrations of 01-36 on these components confirmed that the major source of chlorine was the active core and that the chlorine was not uniformly released throughout the life of the plant. Rather, most of it was released upon initial plant heat-up with much smaller amounts released afterwards. Low concentration of C1-36 isotope on the plateout probe compared with other components indicated that the greatest release of HC1 occurred during the later part of cycle 3 when the probe was already removed and the reactor was operating with high moisture content in the helium coolant. This confirmed the previous findings based on experimental data and gave the approximate time when the release of HCl due to moisture ingress occurred. We believe that this information is very important in evaluating chloride—induced corrosion of the primary system components. Measurement of activated species were also carried out for the deposits on the failed control rod drive (CRD) cable. Examination of these deposits indicated that the concentrations of C1-36 and Cs-137 were much higher near the failure point than at the upper elevations of the cable. Two possible explanations of this finding were offered by the contractor. When the rods were fully out of the core, the part of cable which failed was exposed to helium while its upper portion was protected by the CRD mechanism housing. High C1-36 content on the portion which failed would indicate that the rod was in the out-of-core position when the contamination occurred and the failure must have occurred at a time late in the plant life when highly activated chlorine was released to the primary coolant. In their first explanation, the contractor attempted to correlate this observation with the rod insertion sequence, but in our opinion, the correlation was not very convincing. The contractors second explanation was that during rod insertion, contaminated moisture condensed on the cable and dripped down its length until it reached a temperature where it evaporated leaving the deposit. Since moisture ingress to the helium coolant occurred relatively late in the plant life, and high concentrations of C1-36 were observed, this second hypothesis appears much more plausible. 3.0 CONCLUSIONS Based on the considerations discussed above, we conclude that the licensee has provided a thorough evaluation of the available data utilizing suitably designed experiments, and a generally satisfactory explanation of the sources and mechanisms for the chlorine ingression in the primary coolant system. However, since most of the quantitative information was obtained by extrapolating the test results to full scale plant conditions, the - 5 - limitations of the results should be recognized because of the large approximations. However, despite this shortcoming, the methods used provided useful information, and we consider the reported work to be a significant contribution toward understanding and eventual correction of the chloride-induced corrosion problems at the Fort St. Vrain plant. Principal Contributor: K. Parczewski Dated: November 13, 1986 Epp gray 47. r� 09 UNITED STATES o NUCLEAR REGULATORY COMMISSION 0 WASHINGTON,D.C.20555 , November 13, 1986 n Docket No. 50-267 : NOV i 77&S VRC.Z t fr-C'�..n Mr. R. 0. Williams, Jr. Vice President, Nuclear Operations Public Service Company of Colorado P. 0. Box 840 Denver, Colorado 80201-0840 Dear Mr. Williams: SUBJECT: DRAFT SAFETY EVALUATION (SE) FOR FORT ST. VRAIN NUCLEAR GENERATING STATION (FSV) - PROCEDURES GENERATION PACKAGE (PGP) We have reviewed your submittals dated April 30 and October 30, 1985, (P-85142 and P-85386) concerning the FSV PGP. The PGP submittal is required by "Supplement 1 to NUREG-0737 - Requirements for Emergency Response Capability" (Generic Letter 82-33). Based on our review, we conclude that the PGP, as submitted for FSV, does not adequately address the requirements of Supplement 1 to NUREG-0737, and does not fully provide acceptable methods for accomplishing the objectives stated in NUREG-0899 in accordance with the guidance provided in the Standard Review Plan, Section 13.5.2 (NUREG-0800). The PGP should be revised to address the items described in Section 2, "Evaluation and Findings," of the draft SE (copy enclosed) and resubmitted for our review. Please provide us with your schedule for revising the PGP as indicated above within 30 days of the date of this letter. Your revised PGP should be submitted no later than 120 days from the date of this letter. The information requested in this letter affects fewer than 10 respondents; therefore, OMB clearance is not required under P.L. 96-511. Sincerely, Kenneth L. Heitner, Project Manager Standardization and Special Projects Directorate Division of PWR Licensing-B Office of Nuclear Reactor Regulation Enclosure: As stated cc w/enclosure: See next page I1-14-86 Mr. R. 0. Williams Public Service Company of Colorado Fort St. Vrain cc: Mr. D. W. Warembourg, Manager Albert J. Hazle, Director Nuclear Engineering Division Radiation Control Division Public Service Company Department of Health of Colorado 4210 East 11th Avenue P. 0. Box 840 Denver, Colorado 80220 Denver, Colorado 80201 Mr. David Alberstein, 14/159A Mr. J. W. Gahm, Manager GA Technologies, Inc. Nuclear Production Division Post Office Box 85608 Public Service Company of Colorado San Diego, California 92138 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Mr. H. L. Brey, Manager Nuclear Licensing and Fuel Divisicn Mr. L. W. Singleton, Manager Public Service Company of Colorado Quality Assurance Divisicn P. O. Box 840 Public Service Company of Colorado Denver, Colorado 80201 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Senior Resident Inspector U.S. Nuclear Regulatory Commission Mr. R. F. Walker P. 0.Box 840 Public Service Company of Colorado Platteville, Colorado 80651 Post Office Box 840 Denver, Colorado 92138 Kelley, Stansfield & O'Donnell Public Service Company Building Commitment Control Program Room 900 Coordinator 550 15th Street Public Service Company of Colorado Denver, Colorado 80202 2420 W. 26th Ave. Suite 100-D Denver, Colorado 80211 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Chairman, Board of County Commissioners of Weld County, Colorado Greeley, Colorado 80631 Regional Representative Radiation Programs Environmental Protection Agency 1 Denver Place 999 18th Street, Suite 1300 Denver, Colorado 80202-2413 exik AEC(, `a op UNITED STATES g NUCLEAR REGULATORY COMMISSION WASHINGTON,D_C_20555 ory 0 » f•h �F DRAFT SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATING TO THE PROCEDURES GENERATION PACKAGE PUBLIC SERVICE COMPANY OF COLORADO FORT ST. VRAIN NUCLEAR GENERATING STATION DOCKET NO. 50-267 1.0 INTRODUCTION Following the Three Mile Island (TMI) accident, the Office of Nuclear Reactor Regulation developed the "TMI Action Plan" (NUREG-0660 and NUREG-0737)) which required licensees of operating reactors to reanalyze transients and accidents, and to upgrade emergency operating procedures (EOPs) (Item I.C.1) . The plan also required the NRC staff to develop a long-term plan that integrated and expanded efforts in the writing, reviewing, and monitoring of plant procedures (Item I.C.9). NUREG-0899, "Guidelines for the Preparation of Emergency Operating Procedures," represents the NRC staff's long-term program for upgrading EOPs, and describes the use of a "Procedures Generation Package" (PGP) to prepare EOPs. Submittal of the PGP was made a requirement by Generic Letter 82-33, "Supplement 1 to NUREG-0737 - Requirements for Emergency Response Capability." The generic letter requires each licensee to submit to the NRC a PGP which includes: (i) Plant-specific technical guidelines. (ii) A writer's guide. (iii) A description of the program to be used for the validation of EOPs. (iv) A description of the training program for the upgraded EOPs. This report describes the review of the Public Service Company of Colorado (PSC) response to the Generic Letter related to development and implementation of EOPs (Section 7 of Generic Letter 82-33) for the Fort St. Vrain Nuclear Generating Station (FSV). Our review was conducted to determine the adequacy of the PSC program for preparing and implementing upgraded EOPs for FSV. This review was based on NUREG-0800 (formerly NUREG-75/087) , Subsection 13.5.2, Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants. Section 2 of this report briefly discusses the PSC submittal , the NRC staff review, and the acceptability of the submittal. Section 3 contains the conclusion of this review, - 2 - • As indicated in the following sections, our review determined that the procedure generation program for FSV has several items that must be satisfactorily addressed before the PGP is acceptable. PSC should address these items in a revision to the PGP, or provide justification for why such revisions are not necessary. Our review of the PSC response to these items will be included in a subsequent Supplemental Safety Evaluation. The revision of the PGP, and subsequently of the EOPs, should not impact the schedule for the use of the EOPs. The revision should be made in accordance with the FSV administrative procedures, and 10 CFR 50.59. 2.0 EVALUATION AND FINDINGS In a letter dated May 31, 1984, from Eric H. Johnson (NRC) to O.R. Lee (PSC) , the staff indicated that PSC should develop and submit a Procedures Generation Package to the NRC for review. However, based on the findings of the Oak Ridge National Laboratory review of the FSV EOPs, and the fact that the technical bases information is contained in the EOPs, it was determined that the plant-specific technical guidelines need not be submitted for staff review. In a letter dated October 30, 1985, from J. W. Gahm (PSC) to Eric H. Johson (NRC) , PSC submitted its PGP for FSV. The PGP contained the following sections: o Program Description. • Verification and Validation Program. o Training Program. o Guidelines for Preparation of Emergency Procedures. The NRC staff review of the FSV PGP is documented in the following subsections: A. Plant-Specific Technical Guidelines (EOP Technical Program Description) Although FSV was not required to submit plant-specific technical guidelines for staff review, the EOP technical program description was reviewed to determine if it described acceptable methods for accomplishing the objectives stated in NUREG-0899. The program description points out that FSV is a unique gas-cooled reactor which does not have owner's group emergency procedure guidelines. PSC will develop a new set of EOPs which will consist of: a symptom-oriented diagnostic procedure, event-oriented procedures, and symptom-oriented critical safety function monitoring and restoration procedures. PSC identified the following source documents for use in generating EOPs for FSV: o A previous set of NRC-approved EOPs. o Results of a Control Room Design Review. o The analysis used for the Safety Parameter Display System. - 3 - In accordance with the requirements of Supplement 1 to NUREG-0737, the task analysis effort serves not only as a basis for identifying information and control requirements in support of the Detailed Control Room Design Review (DCRDR) , but also as a basis for developing EOPs. As such, the staff also reviewed the description of the FSV task analysis as reported in the DCRDR Summary Report dated April 30, 1985. Our review of the FSV EOP technical program description and the task analysis effort as described in the DCRDR Summary Report identified the following concerns: 1. From the information provided in the Summary Report, the relationship between task analysis activities supporting the DCRDR, and the development of the upgraded EOPs is not clear. Specifically, it is necessary to relate the task analysis activity to the development of the full complement of EOPs implemented as a result of the upgrade. In addition, if any events are identified that require new EOPs (beyond those already approved) , as indicated in Section 2.3.2 on page 6 of the PGP, PSC should submit, for staff review, the technical bases for the new procedure, and carry out a task analysis to ensure that the information and controls the operators need to carry out the procedures are available in the control room. 2. The PGP states that, "a 'check' will be performed on the critical safety function restoration procedures to make certain they are appropriate and complete." The PGP should also describe the methods to be used as a part of this checking process, who should perform the 'check' , and how the results are to be documented and used. This 'check' should include all parts of the procedures. Note that this 'check' may be performed as part of the verification and validation program, and be described in that portion of the PGP submittal . With adequate resolution of the above items, the FSV EOP technical program, as described in the PGP, should accomplish the objectives stated in NUREG-0899, and should provide adequate technical bases for the EOPs. The NRC staff will confirm that PSC adequately addresses these items, and will report its review findings in a subsequent SE. B. Writer's Guide The Writer's Guide was reviewed to determine if it described acceptable methods for accomplishing the objectives stated in NUREG-0899. The FSV Writer's Guide is entitled, "Guidelines for Preparation of Emergency Procedures" and is based on INPO's writing guidelines. It contains guidelines for procedure format, organiza- tion, level of detail , content, and writing style. The body of the procedures will be in the two column format. The left-hand column will contain the steps and substeps that operators should complete, assuming the outcome of the previous step is as expected. The right-hand column will contain the steps and substeps the operators should take if the step(s) in the left column are not successful , or for any reason cannot be completed. Our rev'ew of the FSV Writer's Guide identified the following concerns: 1. The conditions under which emergency procedures are typically used demand that the procedures be as clear and concise as possible. One area in which this is particularly important is when alternative actions or conditions are specified. These steps are typically presented in the form of "conditional" or "logical" statements, which can be difficult to write, and very ambiguous and difficult to understand by an operator. Thus, it is important that the Writer's Guide address conditional or logic statements, explain how they are written, and include examples of those to use, and those to avoid. See NUREG-0899, Subsection 5.6.10, for additional guidance. 2. Placekeeping aids can assist the operators in keeping track of their position within an EOP. They are of particular importance when performing concurrent steps or procedures, and in situations where the user's attention may be diverted. The Writer's Guide should be revised to specify some type of placekeeping aid. 3. To minimize confusion, delay, and errors in the execution of EOP steps, the following concerns should be addressed in the Writer's Guide (see NUREG-0899, Section 5.8, for additional guidance): a. EOPs should be structured so that they can be executed by the minimum shift staff, and the minimum control room staffing required by the Technical Specifications. b. Instructions for structuring the EOPs should be consistent with the roles and responsibilities of the operators. c. Action steps should be structured so as to minimize physical conflicts between personnel while carrying out procedural steps. d. Action steps should be structured to avoid unintentional duplication of tasks. 4. Instructions should be written for various types of action steps that an operator may take to cope with different plant situations. The Writer's Guide should, therefore, address the format of the following types of action step (See NUREG-0899, Subsection 5.7, for additional guidance): - 5 - a. Steps that are used to verify whether the objective of a task or sequence o= actions has been achieved. b. Steps for which a number of alternative actions are equally acceptable. c. Steps of a continuous or periodic nature. d. Steps performed concurrently with other steps. 5. Because of the conditions present in an emergency (e.c. , high stress, time constraints, etc. ) , it is important that operators have easy access to the EOPs. In addition, the specific procedures should be easily identifiable. The Writer's Guide should address availability and accessibility of the EOPs, and the techniques used to distinguish them from other plant procedures. See NUREG-0899, Subsections 6.1.2 and 6.1.4, for additional guidance. 6. All copies of the EOPs should be clearly legible. Criteria regarding the quality of EOP copies should be included in the Writer's Guide. See NUREG-0899, Subsection 6.2.2, for additional guidance. 7. The Writer's Guide states (Subsection 4.1.5 on page 11 of 18), that the operator should only be referenced to another EOP, and should not be referred to any other document until the emergency plant status no longer exists. It would appear, however, that there may be circumstances where it is desirable or necessary to reference an operator to a system operating procedure or other procedures, e.g. , where actions are infrequently carried out, or systems are infrequently used. The Writer's Guide should specify the content and format of the reference phrase and the criteria to be used to determine when information or steps of a reference are to be included in an EOP rather than referenced. See NUREG-0899, Subsection 5.2.2, for additional guidance. 8. The Writer's Guide should require each EOP to have a cover page. This page should specifically identify the EOP, its revision number and date, number of pages, provide a place for review and approval signatures, and indicate the facility to which the EOP applies. See NUREG-0899, Subsection 5.4.1, for additional guidance. 9. The Writer's Guide should include information on how pages of an EOP are to be formatted (i.e. , line spacing, margins, tabs, etc.), or where in other plant documentation this type of information may be found. See NUREG-0899, Subsection 5.5, for additional guidance. aisa - 6 - 10. Each page of an EOP should contain identifying information. This information should include a brief title, procedure number, revision number/date, and number of pages in the E0P. The Writer's Guide should describe how this information is to be written, and where it should be located. See NUREG-0899, Subsection 5.5.1, for additional guidance. 11. The Writer's Guide discusses the basic divisions of an EOP (Section 4.1 on pages 9-11 of 18), but should also describe how subheadings are to be written and located. Further, it should state how pages and action steps are to be numbered. See NUREG-0899, Subsection 5.5.5, for additional guidance. 12. It is often desirable that an operator's attention be focused on certain information contained in the EOP. The Writer's Guide should describe the approach used for emphasizing words or phrases in the EOPs. The emphasis techniques can include capitalization, underlining, bold type, etc. See NUREG-0899, Subsection 5.5.6, for additional guidance. With adequate resolution of the above items, the FSV Writer's Guide should accomplish the objectives stated in NUREG-0899, and should provide adequate guidance for producing EOPs that will be usable, accurate, complete, readable, convenient to use, and acceptable to control room operators. The NRC staff will confirm that PSC adequately addresses these items, and will report its review findings in a subsequent SE. C. Verification and Validation Program The description of the verification and validation program was reviewed to determine if it described acceptable methods for accomplishing the objectives stated in NUREG-0899. FSV's approach is to use a "verification/validation team" composed of procedure writers, a human factors person, a training specialist, and a control room operator. They will review each EOP and will observe and record the actions of operators during walkthroughs at their control room mockup. These techniques will be used to achieve the following objectives: o That each EOP is technically correct, and will correctly guide the operating staff to mitigate transients and accidents. o That each EOP is written correctly according to the Writer's Guide. o That the language and level of information is compatible with operating staff. o That the information and control requirements are available from the displays and controls in the control room. _ 7 _ ° That the controls and instruments identified are those used by the operators to accomplish procedural objectives. ° That the EOPs can be completed in a timely manner by the operating staff. Our review of the FSV verification and validation program identified the following concerns: 1. The types of personnel involved in the verification and validation process are identified in the PGP. In add•'tion, the PGP should also state the intended roles and responsibilities for these individuals. 2. To ensure verification and validation of all EOPs, the program description should include an indication that the full complement of EOPs will be reviewed and exercised to their fullest extent (i.e. , through all paths). Since there is no simulator available, it is important that all the EOPs be thoroughly exercised using walkthroughs at iEe control room mockup to achieve the stated objectives. 3. The validation program should be expanded to include a description of the criteria that will be used to select the scenarios to be developed on the basis of what is needed to validate the EOPs, and should ensure that multiple and consequential failures are included. 4. The PGP should indicate that feedback from the control room mockup walkthroughs will be used to ensure the accuracy, readability, usability, and completeness of the EOPs. 5. The verification and validation program should include the criteria or methods that will be used for determining the need to verify and validate any changes in the EOPs, resulting from either the results of a previous verification and validation program, or from subsequent EOP revisions. 6. The EOPs will require a certain number of operators to carry out the various activities and steps as specified. The verification and validation program should indicate that the EOPs will be exercised during control room mockup walkthroughs with the minimum control room staff size required by the FSV Technical Specifications. - 8 - 7. The PGP states that, "the verification/validation team will 'check' each procedure" as part of the verification program. The PGP should also state how this 'check' is to be accomplished, which documents or forms are to be filled out to record the results of the 'check' , and the procedure for revising EOPs in accordance with the results. The documents or forms (including a z!ctailed checklist of the items to be checked from the EOP technical program, and the Writer's Guide) should be available as an audit trail , and examples of the documents or forms should be included in the PGP. With adequate resolution of the above items, the FSV verification and validation program should accomplish the objectives stated in NUREG-0899, and should provide assurance that the EOPs adequately incorporate the guidance of the Writer's Guide, and the EOP technical program, and will guide the operator in mitigating emergency conditions. The NRC staff will confirm that PSC adequately addresses these items, and will report its review findings in a subsequent SE. D. Training Program The description of the operator training program on the FSV upgraded EOPs was reviewed to determine if it described acceptable methods for accomplishing the objectives stated in NUREG-0899. The training program as described in the PGP consists of classroom instruction, control room/mockup walkthroughs, classroom retraining during requalification training, and training requirements for EOP revisions. Our review of the FSV training program for EOPs identified the following concerns: I. Although the PGP states that control room/mockup walkthroughs will be used for operator training, the training program description should be expanded to address the following items: a. Discuss the extent that operators will be trained on the EOPs. The PGP should indicate that all EOPs will be walked through to the fullest extent possible by all operators. b. Since there is no simulator to dynamically exercise the EOPs, the control room/mockup walkthroughs should be accomplished in the most realistic manner possible. The approach that will be used should be detailed in the PGP. c. Indicate that, during the walkthroughs for team training, minimum control room staffing will be used. d. Indicate the use of a wide variety of scenarios, including those involving multiple and consequential failures, to fully train the operators on the EOPs during the walkthroughs. - 9 - 2. Often, during training, problems with the EOPs are identified. The PGP should briefly describe the process by which FSV plans to deal with any discrepancies discovered in the EOPs during the implementation of the training program. 3. From the information provided, it is not clear what "preshift sessions" for training operations on major EOP revisions involves. The PGP should be revised to provide more detail on these sessions. At a minimum, these sessions should include walkthroughs of the revisions. 4. The PGP should include a commitment to train all operators on all EOPs prior to their implementation in the control room. With adequate resolution of the above items, the FSV training program should accomplish the objectives stated in NUREG-0899, and should result in appropriate training for the FSV operators on the upgraded EOPs. The NRC staff will confirm that PSC adequately addresses these items, and will report its review findings in a subsequent SE. 3.0 CONCLUSIONS Based on our review, we conclude that, with the exceptions noted in Section 2 of this Draft Safety Evaluation, the PGP submitted by Public Service Company of Colorado for the Fort St. Vrain Nuclear Generating Station adequately addresses the requirements stated in Generic Letter 82-33 (Supplement 1 to NUREG-0737), and provides acceptable methods �'or accomplishing the objectives stated in NUREG-0899 in accordance with the guidance provided in the Standard Review Plan (NUREG-0800). The PGP should be revised to address the items described in Section 2, and resubmitted along with a sample of at least one Emergency Operating Procedure. This sample procedure will not be reviewed for approval , but rather will be used as an indication of how the PGP is being applied to E0P preparation. Future changes to the PGP should be made in accordance with 10 CFR 50.59. This evaluation was performed with the assistance of Battelle Pacific Northwest Laboratories ' personnel . Reviewer: M. J. Goodman, FOB • Dated: November 13, 1986 • GvEg0.RE°,4, ° e sf UNITED STATES 1/4 o NUCLEAR REGULATORY COMMISSION !(fl r , ',vv.-w �E ; WASHINGTON,U C•20555 r~�--, °r 3 �o4 November 13, 1986 ""------------- 0 ~ Docket No. 184 ILLNOViiY\ t986 MEMORANDUM FOR: H. Denton R. W. Houston Gp._::"Y. ,. _ -- R. Vollmer D. Crutchfield J. Lyons E. Rossi H. Thompson G. Lainas F. Miraglia T. Speis R. Bernero W. Russell G. Holahan F. Schroeder T. Novak V THRU: 0. 0. T. Lynch, Jr., Section Leader Standardization & Special Projects Directorate Division of PWR Licensing-B FROM: Kenneth L. Heitner, Project Manager Standardization & Special Projects Directorate Division cf PWR Licensing-B SUBJECT: DAILY HIGHLIGHT - NOTICE OF FORTHCOMING MEETING WITH PUBLIC SERVICE COMPANY OF COLORADO Purpose: To discuss reactor confinement building temperature profiles resulting from a high energy line break. Date & November 20, 1986 Time 9:30 a.m. to 4:00 p.m. Location: Maryland National Bank Building Bethesda, Maryland Room 6507 Requested NRC PSC PNL Participants: K. Meitner M. Holmes M. White C. Hinson D. Warembourg P. Shemanski M. Niehoff N. Wagner J. Seland J. Jaudon 0. Lynch lneetth�L.. .Meitner, Project Manager Standardization & Special Projects Directorate Division of PWR Licensing-B cc: See next page (eici rnxa II- 14.86 Mr. R. 0. Williams Public Service Company of Colorado Fort St. Vrain cc: Mr. D. W. Warembourg, Manager Albert J. Hazle, Director Nuclear Engineering Division Radiation Control Division Public Service Company Department of Health of Colorado 4210 East 11th Avenue P. 0. Box 840 Denver, Colorado 80220 Denver, Colorado 80201 Mr. David Alberstein, 14/159A Mr. J. W. Gahm, Manager GA Technologies, Inc. Nuclear Production Division Post Office Box 85608 Public Service Company of Colorado San Diego, California 92138 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Mr. H. L. Brey, Manager Nuclear Licensing and Fuel Division Mr. L. W. Singleton, Manager Public Service Company of Colorado Quality Assurance Division P. 0. Box 840 Public Service Company of Colorado Denver, Colorado 80201 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Senior Resident Inspector U.S. Nuclear Regulatory Commission Mr. R. F. Walker P. 0.Box 840 Public Service Company of Colorado Platteville, Colorado 80651 Post Office Box 840 Denver, Colorado 92138 Kelley, Stansfield & O'Donnell Public Service Company Building Commitment Control Program Room 900 Coordinator 550 15th Street Public Service Company of Colorado Denver, Colorado 80202 2420 W. 26th Ave. Suite 100-D Denver, Colorado 80211 Regional Administrator, Region IV • U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Chairman, Board of County Commissioners of Weld County, Colorado Greeley, Colorado 80631 Regional Representative Radiation Programs Environmental Protection Agency 1 Denver Place 999 18th Street, Suite 1300 Denver, Colorado 80202-2413 It Ch„--- NORTHERN COLORADO DATER CCNSERUANCY DISTRICT COLORADO-BIG THOMPSON zRa ' MATER DELIVERY REPORT -- MONTH OF OCTOBER 1986 BALANCE TRANSFERS DELIVERIES BALANCE • FEATURE 9-30-86 GUOTA DEBIT CREDIT PREVIOUS OCTOBER TOTAL 1G-31-86 POUORE RIVER 15.608,5 0,0 '312.33 160,2 42,461.2 2,100.0 44.561.2 13,356.5 HANSEN SUPPLY CAN 12.306.9 0.0 0.0 0.0 720.7 0.0 720.7 12,306.9 DIXON FEEDER CANAL 12.052.2 0.0 3,290.5 3,442.5 18.668.5 1,342.7 20,011.0 10,861.5 TOTAL HORSETOOTH RESERVOIR. 339,967.6 0.6 3,602.8 3,602.8 61,850.2 3,442.7 65,292,5 34,524.9 TOTAL ABOVE FLATIRON 795.1 0.0 0.0 0.0 240.2 18.2 253.4 776.9 810 THOMPSON RIVER 11.876,0 0.4 4925 294.3 16,334.33 230.4 16,565.2 11,448.8 LONER PLATTE RbIEP 1.354.4 0.0 0.0 1.006,0 4.594.0 0.0 4.594.0 2,354.4 HANSEN FEEDER CAN 629.8 0.0 0.0 197.6 2,731,1 253.3 3.034,4 634.1 TOTAL HAt%SEn FEEDER CANAL 13.920,2 0.0 492.5 1.492.5 23.709.9 433.7 24,193.6 14,436.5 LITTLE THOMPSON PT 2.726,6 0.0 0.0 0.0 5,234,4 36.6 5,321.6 2,640.0 ST RAIN SUP CANAL 3,763.2 0.0 23.9 394,3 -.977,3 833.7 10,911.0 3.294.9 ST DRAIN RIVER 123,265.5 0.0 365.4 0.0 1I,203.8 0.0 11,233.8 12.901.1 _ BOULDER FEEDER CAN 3.560.7 0.0 0.0 257.7 1,407.7 25?.7 1.645.4 3.569.7 BOULDER CR SUP CAN 405.4 0.0 0,0 331.0 5.426,9 11.3 5.437.2 426.1 BOULDER CREEK 10.114,0 0.0 1.288.7 O.0 9.424,8 0.0 5.420,3 8.825.3 TOTAL CARTER LAKE 33.835,4 0.0 1,633.0 683.0 42.870.9 1.183.3 43,859.2 331.647,1 TOTAL - 000TA HATER 88,518.3 O.0 5.778,3 5.778.3 123.471.2 5,132.9 133.604,1 83.335.4 TOTAL - REPL UATER , 1.063,33 0.0 0.0 0.0 4.949,0 28.1 4,977.1 1,655.2 TOTAL CBT MATER 89,601.6 G.6 5,778,33 5,778.3 133,420.2 5,161.0 133.521,2 84.44 .4 PREVIOUS CST ISSUED 223,021.8 CBI' ISSUED Y-T-D 223,021.8 NORTHERN COLORADO HATER COUSERHA"C'; DISTRICT COLORADO-RIO TH0IIPSOH PERCENTAGE OF QUOTA DELi'JEPED AT END OF OCTOBER 1936 TOTAL NET 0ELI1'ERIES BALANCE X OF QUOTA FEATURE META TRANSFERS PREVIOUS OCTOBER TOTAL 10-31-86 DEL1UEREI POUDRE RIVER 64,731.2 152.0- 42.461.2 2.130.0 44,561.2 13,356,5 63.8 HANSEN SUPPLY CAN 16.905.7 0,0 720.7 0.0 720.7 12 306.9 4.2 DIXON FEEDER CANAL 18.207,0 152.0 18,068,3 1.242.7 20.011.0 10.2261.5 109.9 TOTAL HORSETOOTH RESERVOIR 99.844,5 0.0 61,353,2 3,442.7 65.292.9 36,524.9 65.22 TOTAL 21800E FLATIRON 1.035.3 0.0 240.2 18.2 258.4 776.9 24,9 RIO THOI,PSON RIVER 23,961.8 197.6- 16.3334.8 230,4 16.565.2 11,448.0 57.2 LONER PLATTE RIVER 5,361,7 1,000.0 4.594.0 O.3 4,594.0 2,354.4 96.7 HANSEN FEEDER CAN 2.611.2 197.6 2.781.1 253.3 22.034.4 634.1 116.6 TOTAL HANSEN FEEDER CANAL 36.624,7 1.000.0 23.70'3.9 453.7 24,193.6 14.436.5 66.0 LITTLE THOMPSON RI 7.182.0 0.0 5,234.4 86.6 5.321.'0 2.640,0 74.0 ST DRAIN SUP CANAL 10.936.5 265.4 9.977,3 833.7 10.811.0 3.244.9 98.4 SS VP.AII4 RI+5ER 28,952,7 365.4- 11.203.8 0,0 11.2443,. 12.903.1 33.7 BOULDER FEEDER CAN 3.'969.' 257.7 1.467.7 257.7 1,625.4 3.560.7 41.9 BOULDER CR SUP CAN 2.698.5 31.0 5.426.9 10.'2 5,437.2 426,1 231.4 B0NLDER CREEL: 25.695.6 1,223.7- 9,423,8 0.0 +.420.8 8.825.3 36.6 TOTAL CARTER LAME 7+.485.0 1.3300.0- 42.6700.9 1.12'8.3 43.859.2 31.647.1 55.1 TOTAL - AUOTA HATER 216.929.5 0.0 128.471.2 5.132.9 132,2.04.1 23.225.4 61.5 TOTAL - REFL HATER 6.032.2 0.0 4,949.6 26.2 4.577,1 1,055.; 22.5 TOTAL CBT HATER 223.021.2 3.3 1'33.420.2 5,161.0 128,58I.2 24.440,6 62.1 NORTHERN COLORADO MATER CONSERVAM0 DISTRICT COLORADO-BIG THOMPSON WATER DELIVERY REPORT -- MONTH OF OCTOBER 1986 DITCH AND BALANCE TRANSFERS DELIVERIES BALANCE DELIVERY POINT 9-30-86 DUOTA DEBIT CREDIT PREVIOUS OCTOBER TOTAL 10-31-86 Arthur 35,7 35.7 Baz Elder 35.0 35.0 Box Elaer Channel 140.0 140.0 0.0 Canvor, Canal 102.2 102.2 0.0 Great Nesters Suoar Co 226.8 226.5 ideal Basic Ind Inc 160.3 165.22 0,0 Jacksor, 21,7 21.7 Lake Canal 553.3 2.194,6 2.194.6 553.33 Lariner B Weld 4,503.2 13,055.8 2,100.0 20,155.8 2.403.2 Larimer County #2 601.3 691.6 691.6 601.E Ltl Cache la Poudre 116.9 115.9 He Cache la Poudre 1.583.1 1.583.1 Hem Herter 742.6 401.2 401.2 742.5 North Poudre 50.0 17.332,0 17.332.0 50.0 Pat Griffin Co 22.4 22.4 Pleasant. Ual 0 Lake 458.1 152.0 306.1 Water Suo ft Star 6.492.6 160.3 3.543.S 3.543.3 1,652,9 TOTAL - POUDRE RIDER 15.608,5 0.0 312.33 160.3 42,451.2 2.100,0 44,561.2 13.356,5 Brerster D H 29.7 251.2 250.3 29.7 Eastman Kodak Co 657.5 657.8 Oraves/PULeC Co 157.7 112.6 112.6 157.7 Greeley. City of 11.461.7 317.8 217.6 11.461.7 Pesseauie 40.0 43.0 0.0 TOTAL - HAHSEN SUPPLY CAN 12.306.9 0.0 0.0 1.0 720.7 0.0 720.7 12.306,9 CST - 2 - OCTOBER 1986 DITCH AHD BALANCE TPANSFEP$ DELIvEP'ES BALANCE " DELIVERY POIH1 9-30-86 DUCTA DEBIT CREDIT PREVIOUS OCTOBER -CTAL -31-80 Dixon Reservoir Co 15.5 5 i5..� Ea;t Lar:eer Co UP 1.114.9 1.004.9 0.0 Ft Collins. City of 5,308.8 429,0 11,160.7 730.3 11,891.8 5,067.5 Ft Collins-Loveland ND 1.197.5 1.193.5 La Salle. Town of 26.6 26.6 Maxwell S G 7.9 138.6 130.6 7.9 Miller Trust g Miller 24.7 55.6 11.2 67.D 13.5 North Veld Co MD 1.796.6 1.796.6 4.1 Pierce. Tours of 50.8 56.6 Soldier Canyon Filter Plant 1.441.6 2.201.5 6.759,4 597.1 7.355.5 3.646.0 State Board UP karic 442.1 152.0 562.8 4.1 566.9 590.0 Vesst Ft Collins ND 735.0 425.1 246.0 TOTAL - DIXON FEEDER CANAL 12,452.2 0,0 3.290.5 3.442.5 18.663.3 1.342.7 20,011.0 10,861.5 TOTAL HORSETOOTH RESERVOIR 19.967.6 0.0 33.602.2 3,602.8 61,850.2 3.442.7 65,292.9 36,524.9 Bald Mountain water Assn 4.9 4.1 1.6 4.7 4.2 Crustal Mater Company _203.9 85.9 6.0 53.5 115. Estes Park, ToMn of 315.0 115.1 Estes Vallev Ret 8 Park 50,3 125.1 7.3 136.4 43.5 Gotttero R E 42.0 42.0 Hewlett Packard Co panv 107.1 107.1 HeNell-Narnock Mater Assn 7.6 £.3 0,9 7.2 5.5 Park School Dist R-3 21.0 21.0 Prospect Htn Hater Co. Inc 9,8 14.9 1.4 16.2 7.6 Thunder Mountain Water 17.5 17.5 Hoodside Resources Inc 2.1 2.1 YMCA of the Rockies 14.4 14.0 TOTAL - ABOVE FLATIRON 795.1 0.0 0.0 0.0 240.- 18.2 L59.. 776.9 . TOT - 3 - OCTOBER 19886 DITCH A1IO BALANCE TRANSFERS DELIVERIES BALANCE DELIVER' POINT 9-30-86 DUOTA DEBIT CREDIT PRE'ICCS CCT0EE9. TOTAL 10-31.84 Berthoud, Tgnn of 368.1 269.9 Big I 1 Platte 0.1 45,4 45.4 0.1 Big T [itch 8 Mfg 63.0 622.0 Bockhorr i!at.er Dser3 99.9 99,0 0.0 Estes Park Realty 'ienrure 7.0 7.0 Farrers 380.3 215,0 215.0 320.3 George Rist 12.6 35.0 35,6 12.6 Braley-Loveland 3.086.0 204.1 7,300.0 7,300.0 2.892.0 Handy 2,507.2 2,840.E 2.340,6 2,507.5 Hill 2 Brusn 25.9 7.0 18.9 Hillsboro 175.4 7,0 172.0 172.E 133.6 Hose Surd v 2.629.. 83.`1 2.869.4 230.4 3.199.5 2,4222.1 Louden • L .147.9 2,950.0 2,350.0 1,147.9 Loveland. City of 1.340.9 197.6 204.0 1,347.3 South Side 83.9 83.9 302.0 302.0 6.0 Windcliff Mater Assn Inc 45.5 7.0 7.0 45.5 BIG THOMPSON P.JVER 11.. 0.0 492.5 291.3 1£,334.= 230,4 1a. `_.- ,1. 449... Central Ccdo MCD 1.245.7 1.001.0 t.245.7 LoAer Lathaf' 103.5 1113.` Riverside GASP 0.2 2,494,3 2.494,0 0.2 Riverside irridztion Dist 22.100,0 2,100.0 0.0 TOTAL - LOVER PLATTE RICER 1.354.4 0.0 0. 1.0'33.'i 4.594.0 0.0 4.594.0 2,354.4 Euckhorn Hater Users 594.0 1.791.` 43,8 1,750.2 545.2 Buderus 4.7 0.9 0.1 1.0 4.6 Loveland. City 0 197.6 1,013.2 197.6 1.25.`. C.I. Sgrind Canyon Hater h'SL% 70.1 60.5 6.5 47.3 63.3 Yelek 8 H lCotton'ood• 21.0 21, TOT". - HANSEII FEEDER CAN £89.2 0.0 0.0 197._ 2,791.1 252.3 3,034.4 TOTAL HAHSEN FEEDER CABAL 13,920,2 0.0 492.5 1,492.5 23,709.9 4833,7 24,192,6 14,436.` CET - 4 - OCTOBER 1986 DITCH AHD BALANCE TRANSFERS DELIVERIES EALAHCE DELIUERV P01 fl 9-30-86 OUOTA DE21T CREDIT PREVIOUS OCTOBER TOTAL 15-31-2b Eiouer 67.; 7,5 7.0 67.3 . Boulder 2 Lariner 318.0 J72.0 272.0 318.0 Culver 231.7 153.2 64.5 162.5 166.9 Eagle 103,2 144.2 21.3 166.5 86,4 diner 2 Lonaar. 58.5 176.6 176.6 53.5 New Ish 1,745.1 3.990.0 33.990.0 1.745.1 Osborn a Cavnood 147,5 147.5 0.0 Riverside GASP 359.0 3`9.0 0.0 Rockwell 157.8 36.0 36.0 197.8 TOTAL - LITTLE THOIPSOH Pi 2.726,6 0.G 0.0 6.0 5.2334.4 86.6 5,321.0 2,645.0 6rornnood/Peed/Adacs/Ma',lett 0.5 18.9 29.1 2.5 31.6 16.9 Callahan T L 7.7 7.7 Cathev C H 3.5 1.5 1.5 3.5 Central Meld Co 1D 15.0 15.0 Dacono. City of 10.0 10.0 0.0 Edds 6 C 7.0 7.5 l Evans, City of 28.0 23.0 Fellows C C 6.8 5.7 6.7 6.8 _ Firestone, Torn of 190.8 190.8 Ideal Basic Ind (Loukenon' 72.6 247.4 69.8 317.2 2.3 Y;ersev, Tour. of 92.6 92.6 Lauchli H A 3.4 3.5 3.4 3.4 Lonoeont. City of 365.4 2,904.8 365.4 3.2755.2 0.0 Ltl Thoaoson 06 (Inc N Carter) 2.957,9 4.135.1 391.5 4.521.6 2.566.4 Parrish J 31.6 24.4 24.4 31.6 Platteville. Tan of 78.4 78.4 Poloctnak V M 11.2 11.2 Sties P - 6allaoher L 2.8 2.8 SUoolt' 232.1 13,9 2.627.6 4._ 2.631.3 201.5 9eese/Groseclose 7.4 8.1 5.3 8.4 7.1 Wilson 0 S 1'3.3 18.9 TOTAL - ST DRAIN SUP CANAL 33.763.2 0.0 28.9 394.3 9.977.3 333.7 10.811,0 3.294.9 CST - 5 - OCTOBER 1935 DITCH AND BALA!1C.E TRAHSFEP9 DELx44241ES BALANCE DELIUEkV POINT 9-30-S6 PUOTw DEBIT CREDIT PREVIOUS OCTOBER 74L 1L 14-31-8C Chaoaan-Mc Caslir 17.5 17.5 Clough Private 1.4. 1.4 Clover Basin 25.4 28.4 Davis '~. Darning 1433.6 233.8 2322.8 193.8 Denio A Taylor 38.6 33.6 Highland 4.129.4 3.369.6 8.169,6 4.129.4 Jaee5 194.1 135.3 125.8 100.1 Lonar.nt Suocly 33.5 32.5 Longmont. City. of 690.3 365.4 114.4 119.4 324.5 Lvan;. Torn of 219.1 219.1 Nieot 335.0 35.0 Oligarchy 415.9 405.9 Palmerton 25.9 25.9 Peck 154.4 73.8 73.5 I54.4 Public Service Co of Colo 6.997.9 5.997.9 Pouch 8 Ready 0.1 1.469.2 1.469.2 0.1 South Ledge 54.6 59.4 Sued: 229.6 811._ 3:1._ 229.5 TOTAL - ST DRAIN ?1"ER 13.265.55 9.0 365.4 t.. 11.203.6 8.4 ...243.. 12.9'44.1 Boulder. City of 257.7 1.3766.' 237.7 i.67 Colorado Cement Enter:rise> 32.5 32.5 Lefthand Ditch Co. 3.462.2 31.4 31.0 3.402.2 Star 119.4 119.0 TOTAL - BOULDER FEEDER CAN 3.547.7 0.0 0.D 257.7 1.44?,7 257.7 1.665.4 3.559.? Boulder 8 Lecthang . 232.2 422.2 e,22._ 238.2 ?guider 8 Phitergck 21.9 4.937.? 4.937.3 31.. Boulder Cauntru Club 123.: CS._ oiaoar:al water 4 Sanit Dist 5.4 StoneW5e kssociatea 20.` 0.1 i,..' . . 74 T'JT,C, - BOULDEr CR SUP CNN 405,4 9.4 0.0 31.0 5.425.9 10.3 5.437.2 426.1 06T - 6 - CCTO86P 1986 DITCH ARD BALANCE TRAHSFEPR DELIUERIES ......... BA:AN3E DELWER7 POINT 9-30-86 QUOTA DEBIT CREDIT PRE9IOUS OCTOBER ':'OTAL 10-31-B6 Boulder k ueld 258.2 388.0 393.0 253.2 Boulder. City 3P 4.302.3 288.7 2.252,0 2,252.0 4.014.1 Coal Ridge 140.0 627.0 627.0 140.0 Da,ie.: 22 Plue4 35.0 35.0 Qoddino 225.0 225.0 0.0 Leggett 1.010.0 1.010.0 0.00 Loiter Boulder 154.6 2.502,0 2,502.0 194.6 North Bldr Farriers 26.2 26.2 Platte Valle,/ Irrigation Co 5,089.0 1,000.0 1.800.0 1,300.0 4,089.9 Silver Lake 63.2 604.3 604.3 63.2 Smith 6 Eneons 12.0 12.0 0.0 TOTAL - BOULDER CREEK 10.114,0 0.0 1.222.7 0.0 9.420,3 0.0 9.420.6 3.S25,3 TOTAL CARTER LAKE 33.835.4 0.0 1.633.0 683.0 42.670,9 1.182.3 43.859.2 31,647.1 TOTAL - QUOTA HATER 83.518.3 0.0 5.778.3 5.773,3 123.471.2 5.122,9 133.604.1 33.385.4 PP.Eai0US QUOTA CERT. 216.9'89.5 Quoim CERT. '4-T-D 216,985.5 REPLACE5EUT i4ATER Dixon Reservoir Co (Reoli 146.2 3225 322.8 146.2 Dry Creek •:Peo1) 641.6 343.4 843.4 2,41.6 Estes Park, Tonn of (Real 270.6 229.4 22.1 257.5 242,5 Farriers (Peril) 431.0 431.0 0.0 Bertha (Handy) <Rep]) 20.2 144.5 144.2. 20.2 Lefthar.d Ditch Co. (Rep1) 4.7 2.527,4 2.527.6 4.7 State Board of Rorie (Reol) 400.0 400.0 0. TOTAL - REPL DATER 1,083.3 0.0 0,0 0.0 4.949.0 23.1 4.9.'7.1 ,.;-55.2 PRE'AUUS REPL 196 ED 6.032.3 REPL ISSUED -T-O 6.032.88 TOTAL CBT EATER 39.601.6 0.0 5.773.3 5,7733.3 133,4?,1.2 5.161.0 133,561.2 24.440.6 - PRE010U5 CST ISSUED 223.021.8 CBT ISSUED V-T-D 223,021.6 November 14, 1986 1986 PRECIPITATION WITHIN NCWCD (Inches) Year to (*) Station April My June July Aug. Sept. Oct. Date Totals Ft. Collins 2.03 1.45 1.18 .95 1.21 .74 1.58 13.23 Greeley 1.55 1.72 1.63 .83 .40 .63 1.87 12.07 Longmont 3.61 1.94 1.56 .89 1.15 .76 1.61 15.62 Ft. Morgan 1.80 2.48 2.39 .82 .87 .53 1.86 12.46 Sterling 3.41 2.94 2.72 1.12 .79 .95 1.46 17.35 1986 Average 2.48 2.11 1.90 .92 .88 .72 1.68 14.15 1957-1985 Ave. 1.60 2.81 2.14 1.74 1.29 1.20 .93 14.19 1986 % of Average 155% 75% 89% 52% 68% 60% 181% 100% (*) Includes Winter Precipitation (November thru March) STORAGE COMPARISON (ACRE-FEET) Max. Active Active Storace Capacity 10-1-86 11-1-86 Granby Reservoir 465,568 449,285 443,645 Horsetooth Reservoir 139,713 57,912 88,255 Carter Lake 108,924 82,682 58,042 Boulder Reservoir 8,660 2,248 4,068 Total Project 722,865 592,127 594,010 Percent of Active Capacity 82% 82% Percent of Average 129% 134% Cache la Poudre Reservoirs 219,821 102,907 116,414 Big & Little Thompson Reservoirs.... 121,730 50,323 49,197 St. Vrain & Lefthand Reservoirs 58,825 39,257 41,873 Boulder Creek Reservoirs 32,691 25,184 25 ,702 Total Tributaries 433,067 217,671 233,186 Percent of Active Capacity 50% 54% Percent of Average 106% 104% Total Combined Storage (Project + Local ) 1,155 ,932 809,798 827,196 Percent of Total Active Capacity 70% 72% Percent of Average 122% 124% • November 14, 1986 C8T INFLOW AND DELIVERY COMPARISONS SACRE-FEET) GRANBY RESERVOIR Adams Tunnel Releases to Net Change Conserved Diversions Colo. River In Storage Inflow Month 1985 1986 - 1985 1986 1985 1986 1985 1986 Nov. 14,967 17,022 1,200 1 ,198 - 10,539 - 10,715 + 4,428 + 6,307 Dec. 18,131 24,500 1,240 1,242 - 14,820 - 21,893 + 3,311 + 2,607 Jan. 16,140 23,847 1,240 1,240 - 13,548 - 22,180 + 2,592 + 1,667 Feb. 20,517 21,794 1 ,120 1,120 - 19,107 - 17,957 + 1,410 + 3,827 Mar. 26,467 26,283 1,240 1,240 - 24,325 - 22,464 + 2,142 + 3,819 April 29,322 32,518 1,208 1,231 - 8,319 - 13,965 + 21,003 + 18,553 May 33,834 32,714 4,439 4,323 + 40,491 + 36,049 + 74,325 + 68,763 June 31,928 19,416 6,896 4,671 + 51,609 +118,748 + 83,537 +138,164 July 31,704 32,899 5,396 14,499 - 9,480 + 10,153 + 22,224 + 43,052 Aug. 26,945 16,556 2,529 3,069 - 23,355 - 7,641 + 3,090 + 8,915 Sept. 19,858 12,584 990 640 - 14,396 - 4,640 + 5,462 + 7,944 Oct. 11,035 14,863 1,221 1,241 - 4,569 - 5,640 + 6,466 + 9,223 Total Thru Oct. 280,848 274,996 28,719 35,714 - 50,858 + 37,845 +229,990 +312,841 Year Total 280,848 274,996 28,719 35,714 - 50,858 + 37,845 +229,990 +312,841 - 1985 - Includes 25,341 A.F. pumped from Willow Creek Reservoir and 2,257 A.F. Windy Gap Water 1986 - Pumped to date from Willow Creek 6,579 A.F. DELIVERIES QUOTA + REPLACEMENT Year •April (1) May _ June July August Sept. Oct. Total 1975 3,213 14,105 4,385 34,223 87,574 45,541 33,420 222,461 1976 4,154 7,759 40,473 88,420 80,788 50,542 22,850 297 ,969 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 3)58,541(2 3) 7,433 72,820(2) 67,279 23,745 5,161 268,690 1957-1985 Average 4,866 11,426 13,989 56,450 73,411 38,823 21,443 220,408 (Percent) (2%) (5%) (6%) (26%) (33%) (18%) (10%) (100%) (1) Includes winter water use (2) Includes Non-charge water (3) Includes Carry-Over Water M 9 N 9 c V c 9 9 r-0 9 V N 17 9 9 V O CD 9 r C N V P r 9 N V q _ �1, 9,90990 C 99,co 9 V9VNW—N 999 r.b b ti NCR CO NC`c'v _ COcr.—co Cr 0 N H V N M mN N co V W 09n PM O O9 CO N O CD OC NOVCN0909,n M CO W N N O N N 9 N N 90 c 9 M O O N CO _ _ N H.v M O NrT9 M O Co r•.O,— V M V 9 N 9 O CO e O C VbOr r NNE.-•_NN_M_lnNr —N_NNN M."•."•NN_ - - '- - M V • MC .-09cA9 ^QCCIV000M 999C00bO9.-,.—MV C M—V P 9 r 9,C-`N9p 999 9 N.O CN V99 9n C O 0,.1 —9999 —0.-09 Or NNO --O999Ln CO NN Vrn N a) OOQ MON99NMVV O9c 9,b Mb.-MbMN n. 9 O M N N N M,-r N N -.- -M N M N N N r 9 co H - F - C! • 9 rn Or CorO9 CO cro O9.9Vr NM90M_V N. pr 9nl CO099 CDC) MMMQ T M 0,VC, c9,u-r c o_V'D Mbr co N . Tai C'O b-M ONM N Or C 0100_ H_M N in LO to O^O9M 00 V C .]�. N: NNr-- - n ., n .. n n n C! r-• ♦ -� _ --.....-2.”-_,,-"r--wi.'.w�.• MM Vr')P OCN bH v OM 009 QNOM CO C b c V rn m c c M M v Q M M N N Q V 9 9 Q in Cu M V N in 0 A Q U-.) 0 c C c a co m N c crn O Ot.C Mb-V 99 coo -NCM c- V0OCorn n .- LN DO N.9 O co 99 V 9 M 9 CO Cu C-N O c Oa CO 9 9 9 9 V--to NOJN R 01. Ji Mb o H G'CI,09090^9C10V- .-9OQ en N NN VO9 MM 90r nbe.N n9,ON-co.•-09 O c r O r0 O 9 9 CO Cr.O M CD Cl 0 G1 H 000.0 CO OC Or 09 Cr,.0 ONN Cr,p mb9p VO9MCC 0. r- •• r r O n N L O+ V 4 r C. 9 VHOMMOUI r O+.—c.�V H V O N N N MO N O N M O co CO CO C f.. N ` >4 rn OJ.�+9 OO b99C-OrO NN0-ctn N N rD--N-cn cn b0 0 0 r Co O ft01 r--17 100 N_O o fn_M H N CO CO N 9..-CO 1H_c N 9900 1] 1 0 N E CU '7! OD909— 909 r 9,0,CO N O O V 9 I' Cno•comc,00(DHrOM 0•0 —CO in.is HO Vb—_C N L,rn 9D N 9D M NM 9 Cr 99 CO r7 N CO V C r 0 = O s- 0 CI 9 0 al 0! H'0 VV C, -0999O99NNc- 0 C O9 r)b M M M CO N G•9 r0p. H rn Nr o9,NO-MO99n0^M O9 90 I....0,pO N N O9_NNC N C) M V O C c O CO O N C O O9 H N- b999999p N<Lc,V— C ci ii 7. mC.9V --Mm.n m r VCN to c 9n_90,9 C M C V b N O VP r N r ._ r-. 9 V N E E `_ 0 0 J > 0 0 CC ONO al.-.9 C,CU rn-V- 9.-..-99.'909 M CNNCC) O ,.j VOHN O:Crr JIG•NNN- V9 MO]Ob 9 0 VNVN Cr- 0 .•n.-9,9 ONQN9 00 co O9V V-c.O 9J' en e-r-l'I O N.--n-•.o - V Mc J 90099 o VV^- NNNN^NN 9 9 9 V C9 N 9 .-r 0u .-VCNN r C 15- . 0 J J 9 9 .. 0 CO 9OO 0 t 0-O.MN9n_ COC9N PC^h'O9Jrn09N l'f > . - MO 9999099,r'.9CD v V—N.MONVMH co 0 11 O o4 —9 VMNN.-.H 909990 rn M V 9 NH 90 CJ J 11 4 Ci CO r N n n N c >> .-..-- cc CO 9 9 C C 0- 60 0O •1 0,-99 OQMM 0999.9N0 CO90OCN M Cl .p 1' LENbNN.—(99 9>999n N.CrnONNN 5.. 0a) C) q r r� �NNM 1 c 9t190v90 CO MOO O .0 > > ai 0 O -,- .-. 9 J 9 n OOr—OO09r-. 9090,Len OCO—MOOcc CO 0 0 .C, en pN9nNON 0090 MNN p9MN+999, N s rr tu,LL: r-r-.N rn HMvv¢Im VVM000 C0 V 0C1 C) C'!0 • - ~ LLn0 M.-9.-9000 -C C—V O CH090 c r 9 _ - H9VU9ON 9LOM N.•-ONVMOO9N 9n L i9 - - 0 .-•..—r-. co M v'99,'0 VV M N 90l 09 a 9' 9 n0 9 0 0' 1 1 0 0 -' > > •1 009 cr MNV9 N—r90909N9n co V0 C G~.r.,- VI r R90_O 9.V-.9,v WP CRVc�necm° CO 0}0C. O u 9 9 CO C Cl L N O oe N • —00 0 19909O9 990,90 O99 rn9ONc0 H V 0 R > r-.Ea- .9 N059nb P 9c NNO ere 0VMNb 0 C 0 X 0,91 —--N—M9 HPMvbul cr.H90C— O 0 0 - .- — 000 C O mV rn90 OO—H07UVtn0 90r_— ,D9,-900990 M C) 5Cq i04 en 9 0^P C)O ^VPO.Sb9PO 99 CJ 9 N M 909 N 9D VN 910 CO T 9n 0 0 9 9—0 O 90 N O 9•-V b r c co 0 M 0 N 90 4.-0 a/ El r.- .-.-• NN9 NMNN... �,_MNM-NCMUI N.- N a r 0 9 V 0 9CI Cl 1 099090,9 9VCH999V09 NLn9 N.-VCO9n NCN - 9W9V 0.1 MO9N Vc �C>01 O V-09 V b 9O c u 9)I-.in ON v9099n 9m M M 4 M 39 J nJ 0. 1 i 1 9 9 0 0 0„ 0.0 r0 C b C C C. O: •J 00000u9n 00000000C)0000000000000)0 r--.C ... p UI '0Co Nu 9,0 O9V ONbN CD r tO C 90 CO 009099O'0 La) Or C — .-.— r C O r a r 0 O `NN v • 11 9 comp—NNMo b b90C O —NM99n V9M09O.-!V rn0 T' .1c.cLVY090'00 yl9D'D.nbr_N lo.N NN N 99.990%4029 Cr mCo 0 0,90909 o99 C O9O9O99 Cr,MM m O9O)0\CO91n 00 C.00909 T; N 0M c o .- V. 0 - _ CV Oct'a...O,CO m 0 - - aCO 00 o u) " O� 3 ^'�00 0,0 O N _ - 0 ��r N'mi n N Y H: )D N U E • '0 at U i 0 4O R N .0 M LO'', O 0 0 C C) —, 0 c'.1 c o'. .r) . 0: C) N � Cu N o. 14.45 L: 5- 0ra Ca M 't Co O.r r•- V 4' O C Iii O M C CY,y ---'.7. N Cu Cu Ni V m L Cc) U zs U co d CTI co n M u' all C — I� OM p N, ua N N N CC Oi V O n 0 ^ C co T N S. L N 0 .0 en CI>I to O0 0 0 C a- AN > mO tO Pm; CO S ` _ '0 I C.'1 CO CO Cr� Cn b .JN b CNt O .D a - - M1 C C,O CO". r� O tO L 0' C u i W ell, O C! m C 7 c w as C o m o O C' ¢ � MCaC CO.--otiI CP.Cn 0 '0 C CO CC 0NI` ON C) N () q Cr . M N M-0 00' Cu M cO r'0 LI Mo •.n'') ' N N O CO CO C 6. R NN 01 I '0 U) V N 0 0 Si R 0«' • —I O I = 0 CO NI C� .0 O 0' M, :A C)I 0) C PI C)CC .-- i-I 01 C- U F -' CO ' ^I 0 0 - ' 'us. 0 m N aw M I •• r 9)0 i-0 C)O) "N .- CU!' O) 0 0- 10' N V o; 00 v 0 N —I 0 5- a• L. +u V o COO - a_. >:, 0 La 0 r--en ni '3 — —i O - o ,O.O u1 en to �' CO Ca O a+ 0 MD2 E, e C) tO N CC I i I- 0 G 0 > 0 b' m c ea: b IC 0 Pub 0! CC'. 4 RI`JI L L L y 9 cR 0 (O co c)000 >,U O' � ^ m 4-I • N- U r- L , N a co L C N I so 0' O o V- i N >.- �--- cc n to 0 CZ I— .I L! MS u).n co.a m — .._ 00 00 OC) 0 an 0 , 00 J— NORTHERN COLORADO WATER CONSERUAHCY DISTRICT COLORADO-BIG THOMPSON WINTER WATER DELIVERIES FOR YEAR -- 198o PAGE I SUMMARIZED BY MONTH AND DELIVERY POINT DITCH AND DELiUER7 POINT NO'EMBER DECEMBER JANUARY FEBRUARY MARCH Arthur Box Elder Box Elder Channel Canon Canal Central Colo WCD Graves/PULKC Co Great Western Sugar Co Greeley. City of Ideal Basic Ind Inc Jackson Like Canal Larimer t Weld Lariser County #2 Ltl Cache la Poudre New Cache la Poudre New Mercer North Poudre Fat Griffin Co Pleasant Kist 8 Lake Foudre River Runout Bloc Public Service Co of Colo Riverside GASP State Board of Aoric Water Sup R Stu Whitney TOTAL - POUDRE RIDER 0.0 0.0 0.0 0.0 0.0 Brewster D H Eestsan Kodak C6 Graves'PULRC Co Greelev. City of Resseauie TOTAL - HANSEN SUPPLY CAN 0.0 0.6 0.0 0.6 0.6 • MINTER MATER DELIVERIES FOR VEAP -- 1936 PASE 2 DITCH AND DELIVER.? POINT HOVENBER DECEMBER JANUAP? FEBRUARY MARCH Ault. Town of Dixon Reservoir Co East Lariceer Co MD Eaton. Tow., of Ft Collins, City of 446.2 541.4 518.9 479.5 772.3 Ft Collins-Loveland MD La Salle. Tonn of Maxwell S G Miller Trust t Miller Minatta E Hoel W R North Meld Co MD Northern Colorado Mater assn Pierce. Town cf Soldier Canyor Fitter Plant 478.0 493.5 503.0 460.1 589.5 State Board of Narfc Sunset Mater Dist West Ft Collins MD TOTAL - DIXON FEEDER- CANAL 924.2 939.9 1.G21.9 939.6 i.36i.6 TOTAL HORSETOOTH PESERUOIP 924.2 999.9 1.021,9 939.6 1.361.5 Bald Mountain Mater Assn 0.2 0.33 0.3 0.4 0.5 Crystal Water Coapary 8.1 11.0 10.5 10.0 9.1 Estes 6olf 8 Country Club Estes Park. Town of Estes Valley Rec 8. Park 6ottbera R E He8lett Packard Coepar' Newell-Marnock Hater Assn 0.5 G.7 '0.6 0.5 0.5 Park School Dist F-3 Prospect Mtn Water Co. Inc 1.8 2.2 2.0 1.4 1.4 Thunder Mountain Mater Moodside Resources Inc YMCA of the Rockies TOTAL A840."E FLATIRON; 10.6 14.2 13.4 12.3 11.5 WINTER WATER DELIUERIES FOR YEAR -- 1946 PAGE 3 DITCH AHD • CILIUM POINT Hi0UEMBER DECEMBER JANUARY FEBRUARY MARCH Berthoud. Town or Big T 6 Platte Big T Ditch R Hfa Buckhorn Water Users Estes Park Realty !venture Estes Park. Town of Farmers George Rist Greeiev, City oc 6reelev-Loveland Handy Hill k Brush Hillsboro - Howe Supply Louden Loveland, City of Pist h Goss South Side HindcliFc Water Assn Inc TOTAL - BIO THOMP ON RIDER 0.0 0.0 0.0 0.0 0.0 Bijou Central Colo WCD Lower Lathan Public Service Co oP Coio Riverside GASP Riverside Irrigation Dist TOTAL - LOVER PLATTE RIDEP 0.0 0.0 0,0 0.0 0.0 Buckhorn Hater Users 7,3 7.4 8.5 9.5 11.6 Buderus Loveland. City of 92.4 233.8 180.6 53,8 Spring Canyon Water Assn 5.6 7.0 5.7 6.2 6.0 Yelek B H (Cottonwood) TOTAL - HANSEN FEEDER CAN 105.3 248.6 194.2 104,5 17.0. TOTAL , HANSEN FEEDER CANAL 105.3 243.6 194.2 109.5 17.6 WINTER WATER DELIVERIES FOR SEAR -- 1936 PAGE 4 DITCH AHD DELIUEP' POINT NOVEMBER DECEMBER JANUARV FEBRUAP" MARCH B1oo r Boulder B Larimer Centrai Coto WCD Culver Eagle Eglin Ide 2 Star-bird Jordan Well ti Miner 8 Longan Hew Ish Osborn t Caveood Riverside GASP Rockwell TOTAL - LITTLE THOMPSON RI 0.0 0.0 0.0 0.0 0.0 Brownwood/Reed'Adaas/Mallett Callahan T L Cathev t 1 Central Weld Co P Dacono. City of — Eddso C Evans. City of • Fellow_ C C Firestone. Town of Handy Ideal Basic Ind !Loukenc:n) Kersey. Torn of Lauchii H A Loncor:t. City of Ltl Tho::pson WD-(Inc H Carter) 293.5 321.6 325.3 315.1 406.7 H;tliKer:, iovn of North Carter Lake Mater Dist Parrish d Platteville. Tour, of Polowchak U N Stieo k - Gallagher L Suc4.1 V Neese/Groseclose Wilson D S TOTAL - ST min SOP CANAL 253.5 '321.6 325.3 315.1 406.7 Ph;TER HATER DELIUERIES FOR. YEAR -- 1986 PAGE 5 DITCH AHD DEUUEPV POInT ROUEHBER DECEMBER JANUARY FEBRUAR7 HARCH Central Colo VCD Chapeau-Hc Caslin Clough Private Clouer Basin Davis 8 Donning Denio R Taylor Highland Jane:. Longmont. Supoly Longmont, City of Lyons. Tot'A of Hiuot Oligarch? Palmerton Peck Pella Public Service Co of Colo Riverside GASP Pouch 2 Ready South Ledge Suppi" Suede TOTAL - ST VRAIH RIVER 0.0 0.0 0.0 0.0 0.0 Bennett P Boulder. City of Colorado Cement Enterprises left Hand Dater Supply LeFthand Ditch Co. Star TOTAL - BOULDER FEEDER CAt; O.0 0.0 0.0 0.0 0.t Boulder C Leftha,d Boulder t Uniterccl. Boulder Countro Club Diagonal 4ater S Sanit Dist Stoneoate Associates.. 4iliiaes Bros East Bldr Farms TOTAL - BGULDER CR SUP CAI 0.0 0.0 0.0 0.0 0.0 11INIER ARTER DELIVERIES F1R. YEAR -- 1926 PAGE 6 41TCµ AND DELIVERY POINT ttOUEt,BEP DECEtiBEP JAIIUAP7 FEBRUARY MARCH Boulder t. Veld Boulder. City of Carr. 2 Tyler- Central Colo VCD Coal Ridge Dailey $ Pint Budding Leggett Loser Boulder- North Bldr Parrers Platte Valley Irrigation Co Public Service Co of Ccdo Ri"ersioe BASF Silver Lake Sait.h 2 Et ons TOTAL - 8CULDER CREEK O.0 0.0 0.0 u.@ O.0 TOTAL CARTER LAKE 293.5 321.6 325.3 315.1 406,. TOTAL - OU'UTA DATER 1414 1.°,84.3 1.554.3 1.376.5 1.797,0 REPLACEMENT MATER Di:on Reservoir Co (Recd) Dry Creek (Repll Estes Park, Town of (keo? 12.4 23.8 22.6 22.7 21.2 Farmers {Re➢i) Hertha (Handy) (Peel) Le'thend Ditch Co. 'DEBT) State Board of Acric (Reitd/ 35.3 5.3 32.4 1(,11,4 TOTAL - REPL MATER 47,7 29.6 22.6 55.1 122.0 TOTAL CBT MATER 1,'121.3 1,613.9 1,577.4 1,431.6 1,919.0 II NORTHERN COLORADO MATER COHSE4uAHCY DISTRICT CARRY GOER SUHHAP' OF DEL14ER? OPERATIONS -- 1984 PAGE 1 TOTAL BALANCE DITCH AHD QUOTA CREDIT TOTAL TOTAL DEBIT TOTAL CANCELLED DELIVER'; POIHT CERTIFIED TRANSFERS CREDITS DELIVERIES TRANSFERS DEBITS 10-31-86 Arthur 35.7 35.7 35.7 Cannon Lanai 8.1 8.1 8.1 Great Uestern 5uoa0 to 1.876.6 1.676.6 1.876.6 Jackson 21.7 21,7 21.7 Lake Canal 0.2 0.2 0.2 Lorimer R Meld 34.1 30.1 30.1 L-ariter tounty 12 43.1 43.1 43.1 Ltl Cache is Poudre 47.1 47.1 47.1 Neu Cache la Poudre 1.320.7 1.320.7 1.320.7 hem Mercer 275.1 275.1 - 275.1 North Poudre 25.8 4 25.8 25.8 Pat Griffin Co 22.4 22.4 22.4 Pleasant Val t Lake 493.3 493.3 493.3 Mater Sun R Stor 2.939.8 2.439.8 2.9'19.8 mane=„ 7.1' 7.4 TOTAL - POUDRE RIVED, 7.151.7 i0. 7.151.7 0.4 4.4 0.4 7.151.7 Brenster D H 1.1 1.1 1.1 Eastman Kodak Co 433.5 433.5 433.5 Greeley. Cita of 734.6 734.6 734.6 kesseauie 15.8 15.2 15.8 TOTAL - NAHSER SUPPLY CAN 1.1$5.0 0.0 1.185.? 0.0 0.6 0.4 1.185.0 SUMMARY OF DELIVERY OPERATIONS -- 19866 PAGE 2 TOTAL BALANCE DITCH AHi: DUOTA CREDIT TOTAL TOTAL DEBIT TOTAL CANCELLED DELIVERY POINT. :ERTIF!ED TRANSFERS CREDITS DELIVERIES TRANSFERS DEBITS 10-31-36 Ault. Teen of 7.0 7.0 7.0 Dixon Reservoir C. 45.5 45.5 45.5 ft Collins. City cc 4.05.4 4.105.4 4.105,4 La Salle. Tone of 26.6 26.6 26.6 Marvell S 6 28.` 23.5 16.4 16.4 12.1 Miller Trust t Miller 44.5 44.5 44,5 Soldier Canvor, Filter Plant 2.493.9 2.493.9 2.493.9 State Board of Aoric 439.5 439.5 439.5 Best Ft Collins HD 226.0 226.9 226.0 TOTAL - DIXON FEEDER CANAL 7.421.9 8.8 -.421.9 16.4 0.0 16.4 7.465.5 TOTAL HOPSETOOTH RESERVOIR 15.753.6 8.0 15.753.6 16.4 0.0 16.4 15.742.2 Bald Mountain Hater Assn 11.1 11.1 11.1 Crystal Water Coroany 117.9 117.9 ::7.% Estes Park. Town of 235.8 235.8 235.0 Estes Valley Rec G Par 24,9 24.9 Gottbero R E 42.9 424 42.0 He6lett Packard Gowan,/ 107.1 1'87.1 107.1 Ne+ell-Rarnock Water Assn 1.a 1.3 1.3 Park School Dist R-3 21.6 21.6 21.0 Prospect Mtn Water Co. Inc 4.2 4,2 4.2 Thunder Mountain Water 17.5 17.5 17.5 Woodside Resources Inc 2.1 2.1 2.1 YMCA of the Rockies 14.0 14.0 14.0 TOTAL . ABOVE FLATIRON 592.1 0.0 593.1 6.8 0.0 3.1' 593.1 i SUMMARY OF DELIVERY 0PERATI0HS -- 1986. PACE 3 TOTAL BALANCE DITCH AHD OUOTA CREDIT TOTAL TOTAL OEBTT TOTAL CANCELLED DELIVERY POINT CERTIFIED TRANSFERS CREDITS DELIVERIES TR'AY:3FE`'6 DEBITS i0-31-36 Berthou. Toen or 362.9 368.9 368.`+ Big 18 Platte 17.5 17.5 17.5 Big 1 Ditch t Hrn, 63.0 611.0 63.0 Estes Park Realty 4enture 7.0 7.0 7.0 Farrters 15.9 15.9 15.9 George lost 12.6 12,3 12.8 Oreelev-Loveland 7.217.5 7.217.5 7.217,5 Handy 657.2 657.2 657.2 Hill t Brush 18.9 13.9 13.9 Hillsboro 199.6 199.6 199.6 Hone Suooly 714.7 714.7 - 714.7 Louden . 331.3 _ '181.3 361.3 Lvelano. City of 1.650.0 1.650.0 1.650.0 Rist t Coss 30.0 30.0 30.0 South Side 19.1 19.1 19.1 l!indcii?f eater 4957, 45.5 45.5 r r TOTAL - 8I6 THOY,PSON RIIEF 11.418.5 0.0 11.413.9 0.0 0.0 0.0 1U aI' c eiiou 53.2 52.2 51.2 Lacer Lathar. 102.5 102.5 108.5 TOTAL - L04ER PLATTE RIDES 161.7 0.0 161.7 0.0 0.G 0.0 161.7 Buckhcrr, eater Users 686.$ 686.3 636.2 8uderus 4.6 4.6 4.6 Serino Canyon dater Assn 1.7 1.7 1.7 . Yelek 8 H (C4ttonYocd 21.0 21.0 21.0 TOTAL - NAHSEA FEEDER CUs 714.1 0.0 714.1 0.0 0.(- C.0 714._ TOTAL HAH3EN FEEDER CANAL 12.294.7 0.0 12.294.7 O.0 0.5 0.0. 12.'29A,7 SUMMARY OF DELIVER? OPERRTIODS -- 1426 PACE 4 TOTAL EAIANCE DITCH AlE• O09TA CREDIT TDTAL TOTAL DEPIT TOTAL CANCELLED DELIVER? POIn? CERTIFIED TRAAtSFERS CREDITS DELIVERIES TRA`;? FER3 DENTS .0-31-65 5SoweT 56.6 58.6 5$.6 &Guider 6 Larieer 322.5 332.6 333,0 Culver 77.5 77.5 77.5 Eagle 84.4 84,4 84.4 Ealin 40.0 40.0 40.0 1de L< Starbir6 20.6 20.0 20.0 Hiner 6 Longer, U.5 U.5 U.S New Ish 1.542,7 1.542.7 1.542.7 Osborn S Cavvood 14.2 14,2 14.8 Rock■ell 45.8 45.2 45.8 TOTAL - LITTLE T$0APSUH RI 2.222.3 0.0 2,222.2 0,6 O.0 0.0 2.222.3 Broenaood/Reed/Adaas/Hallett 5,1 9.1 0.1 Callahan • L 7.7 7.7 7,7 Cathev C H 5,3 5.2 5.2 Central Held CD UT 1,036„ 1.626.5 _.x226._ Edds 6 C 7.6 7.0 7,_ Evans. Cite OF 7..7 7.7 FellmoCC 3.2 3. Firestone. Town of 60.8 60.2 64.2 ideal Basic Ind (Loukenor! 33.'VV 33.'5 33.6 Kersey. Town, o= 35.5 35.'0 35.0 Liuchl i H 4 7.6 7.:1 7.0 al Thecoson sD (Inc H Carter) 409.4 909.4 909.4 Parrish J 49.5 49.5 49.5 Platteville. Than of 62.7 63.? 63.7 Stien P. - 6tIlegner L 2.' 2.6 2.2 Suooii• - 242.2 242.: _ . ._ ileese/Groseciryc 4,ry 4.. 4.. Nilson 6 S 0.2 .._ .._ TOTat ST DRAIN SUP CAHi,L 2.476,4 0.6 2.476.4 O.6 0.8 u.6 2.;76.4 SUNHARY OF DELI'ER4 OPERATIONS -- 1986 RAGE 5 TOTAL BALANCE • DITCH AHD QUOTA CREDIT TOTAL TOTAL DEBIT TOTAL CANCELLED DELIUER? POINT CERTIFIED TRANSFERS CREDITS DE119ERIES TRANSFERS DEBITS 10-31-96 Chaoman-Hc Ceslin 17.5 17.5 17.5 Clough Private 1.4 1.4 1.4 Clover Basin 35.0 2`.0 335.0 Davis 8 Doming 20.6 220.6 20.0 Denio e Taylor 32.0 3+ Hiohland 736.5 736.5 736.5 JBQe5 0.1 0.1 0.1 Longmont. City of 1.524.3 1.529.3 1.528.3 Lyons. Torn of 25.1 339.1 39.1 Olioarchv 72.2 72.2 72.2 Palmerton 11.99 11.9 11.9 Peck 63.5 7 63.5 63.5 Pella 30.0 30.0 30.0 Public Service Co of Colo 9.127,4, 6,927.5 6.927.9 Roush 9 Ready 125.1 195.1 195.1 South Ledge 1.2E 1.4 Skede 357.4 357.4 TOTAL - ST URAIN R1OEP 10.045.1 0.0 10.065.1 0.0 4.0 0.0 10.0„„1 Bennett u P 46.2 44.2 45.2 Bculaer. Cite of 497.7 497.7 497.7 4-97.7 0-1 Colorado Cement £nterorise_. 30.5 34.5 38.5 Leith:rid Ditch Co. 16.7 16.7 16.7 Star 10 .(: 102., 103.0 TOT . - BOULDER FEEDER CAN 204.4 497.7 702.1 497.7 0.0 4i7.? 204.4 Boulaer 3: Lefth?n9 42.4 42.4 42.- boulder County (A . 49.7 49.7 . Oiaor:nai eater $ 3a^.it Di;- 14.0 14.x0 .-. .*negate Associetes 4.5 4.5 L.T Williams Bros East Bldr Fars; 3.5 TOTAL - BOULDER CR SUP CAN 114,1 0.0 114.1 0.0 :}.0 --4.1 SUP:tSA?'r OF 9ELIoEF'l OPERATIONS -- 1996 PAGE 6 TOTAL BALANCE DITCH AND QUOTA CREDIT TOTAL TOTAL DEBIT TOTAL CANCELLED . DELIVERY POINT CERTIFIED TRANSFERS CREDITS DELIHERIES TRR114FEP,9 DEBITS 10-21-66 Boulder 2 Veld 99.9 99.9 49.9 Boulder. Cite of 1,188.4 1,188.4 497.7 497,7 590.9 Can 8 Toler 35.0 35.0 115.0 ioddino 175.5 175,5 175.5 Leooett 146.5 146.5 146.5 Lover Boulder 298.5 292.5 293.5 North Bldr Farters 46.2 46.2 - 46.2 Platte Dolls" lrrination Co 4,249.5 4,249,0 4.245.0 Stith 8 Etc 100.5 106.5 100.5 TOTAL - BOULDER CREEL 6.339,7 0.0 6.3199,7 0.0 497,7 497.7 5.842.8 TOTAL CARTER LAKE 21.422.0 497.7 21,919.7 457.7 497.7 995.4 20,924.3 TOTAL - OUOTA UATE}' 50.873.4 49?,7 50.571.1 514.1 497,7 _.011.2 49.559.3 REPLACEMENT HATE° TOTAL - REAL WATER, .._ 0.0 0.8 0.0 C.t ,., @r. TOTAL CO0 WATER 50.073.5 497.7 50.571.1 514.1 4'07.7 1.011.9 49,5559.2 NORTHERN COLORADO WATER COHSERUAUCY DISTRICT CARRY OVER MINTER MATER DELIVERIES FOR YEA° -- 0S6 PAGE I SUMMARIZED BY MONTH AND DELIUERY POIHT DITCH AND OELIUERY P001HT HOuEMBER DECEMBER JANUARY FEBRUARY MARCH • Arthur Box Elder • Box Elder Channel Canyon Canal Central Colo VCD Great Western Sucar Co Greeley. City of Ideal Basic Ind Inc Jackson Lake Canal Lariper G Meld Larirer County 12 Ltl Cache la Pou6r+ Her Cache la Poudre Her Mercer Borth Poudre Pat Griffin Co Pleasant tials Lake Poudre River Runout Block Public Service to of Colo Riverside GASP State Board of Aeric Mater SUP b Stor Whitney TOTAL - POUDRE PIUER 0.0 0.0 0.0 0.6 0.0 &rewster D H Eastman Kodak Co. braves/PUL2C Co Greeley. City of ResseQuie TOTAL - HANSEN SUPPLY CAN 0.0 0.0 0.0 0.0 0.0 :'INTER HATER DELIVERIES FOR HAP -- 19'25 PA E 2 DITCH Ake BE'LIHE` POINT NMEH?ER DECEMBER JANUCS't FEBRUARY MARCH Ault, Torr, of Dixon Reservoir Co East Larieer Co PD Eator, Tonrn of Ft Collins. Cit c' Ft Collins-Loveland MO La Salle. Torn of na>xeli S [• Miller Trust a Hiller kina:d= E Noei F R North Held Co UD Hortherr. Colorado Hater Hssn Pierce. Toim of Soldier Canyon Filter Plant State Board of Aoric Sunset Eater Dist Hest Ft Collins MD TOTAL - DInOM FEEDER CANAL 0.i: 0 t.t O.? TOTAL HOPBETOOTH RESEPUOIF O.D [.I' t.e ii.A 0.0 Bald Mountain Water Assn Crystal Water Co.oan. Estes Gooa t Country ilut, Estes Park. Tour of Estes Halley P.ec d Park Cotttero P E itemiett Packard Caenaril. heneil-Warnock Mater Assn Bark School Dist R-2 Frosoect ktr; water Co. In% Thunder Hourtair Hater Woodside Resources Inc YhCA of the Rockies TOTAL ABOVE FLATIROet W.0 O.c O.O e.Z WINTER WATER DELINEP ES FOR YEAR -- ;GS RASE DITCH AM[! ['ELIUEP't POINT NOUE4'IFER GECEKSEH 6ANHAE0 FErall.0 MARCH Sarthout. To071 cf &id T Y. Flatce Hid T Ditch 1 Hfc &uckhorn Water Users Estes rani; Rea)t)' Uenture Estes Park. Toyrr cf Farcers George Pist Greeley-Loveland Hano: Hill S Brush Hillsboro Home Supply • Louo#n Loyeianc, City of Rist & Goss South Side kirdciiff Hater Assn Inc TOTAL - BIG THUNPSOH RIDER 0.C 0.0 U.', 0,U 0.0 Bi ioc Central Colo c: Loser Lathac Public Service Co of Coif Riverside GASP Riverside Irrigation Dist TOTAL - LO+DER PLATTE RIDER O,G 0.0 l.5 G.G. 0.0 &uckhorn Water. Users Buderus Lo"elard, City of Serino Cadvon Hater Assn Yelek B H (Cot.tonnood) TOTAL - HAHSEH FEEDER CAN 0.0 0,U a.o 0,0 0.0 TOTAL HAHSEN FEEDER CANAL 0.0 0.0 0,0 0.0 O.i+ i'INTER SATE° DELIVERIES FOR YEAR -- !BBB ?ROE 4 DITCH A4 DELIVERY POINT NOVEMBER DECEMBER JANUARY FEBRUAR7 MAPCH Blower Boulder t Larieer r Central 0414 BCC Culver Eaol e Eullr ide b Starbird Jordan hell al Miner t Lon0an hem Ish Osborn t Cavvood Riverside BASF Rockwell TOTAL - LITTLE THOMPSON RI 0.0 0.0 V.0 0.0 V.0 Bromnacod/Need/Adams/Hall-c-: Callahan ' L Cathev C H Central veld BD HD — DaconG. City of Edds u C Evans, City DP Fellows C C Firestone. Tavn a- Handv Ideal Basic Ind (Loukenon) Kersev. Town or Lauchli H A Lanp:ort. Cite oP Ltl Thcoasor, BD (Inc H Carter} MII11ken. Sown oP North Carter' Lake Bator Dist Parrish Platteville. Town of Stied R - Gallagher. L SU➢➢IV Meese/Gr nec l oEe uilscn i E 'TOTAL - ST URAIH SPP CAHAL 0.0 0.0 0.G .0 6.c 'INTER WATER DELIVERIES-FOR YEAR -- 1560 PAGE DITCH AND DELDIEPY POINT ROGEMBEP DECEMBER JANUARY FEBRUARY MARCH Central Colo 61CD Charmsr Mc Casi r, Clout. Private Clover Basin Say.s Odarnnd Denis R Taylor Highland James Lcnonont Surly Lonanort. City of Lyons. Tarn of NiRct Oligarchy Palmer Eon Peck Fell Public Serolce 0o of Cc10 Riverside 6A Si: Reuch " Peeciy South Legge S"ede TOTAL - Si DRAIN RICER 0.s 0.0 0.0 C. 5.4 Bennett m p boulder. City of 306.5 151.4 Colorado Cement Enterprises Left Hand dater SUDDjy Leftheind Ditcr: SC a' TUT1: - BOULDER FEEDER GL` 356.'s 191.4 0.6 0.6 5.5 Boulder B Lefthand Boulder R Mhiteroc>•. Boulder Country Club biadonai Nat en S Sar:it gist Stontgat.e ilssoc ate= Nilliaas Bros East B!dr• Fares TOTAL - BOULE€R CR SUP CAN (.D C.0 0.0 0.0 0.0 WINTER WATER DELIVERIES FOR YEA? -- 1936 ?ADE 6 DITCH AND DELIVER? PONT NOaEnEER DECENSER JANUARY FEBRUARY MARCH douider Z veld Eoulder. tit" cr Carr 2 Tyler Central Coio WCD Coal Ridge Daileg E Plc:. ioddina Leooetc Lower Dcuider North Bldr Parsers Platte Walley Irrioation Co Public Service Co of Colo Riverside GASP Si iuer Lake ieith t Eiecns TOTAL - ?CULDE? CREEL. TOTAL CAP.TER 1TC.3 191.4 0. TOTc`d - QUOTA HATER 306.3 191.4 0.0 0.0 4.0 PEPLACEHEHT WATER Dixon -Reservoir Co tkeol) Dry Creek (Pert) Estes Park. 'ken of (REP) rarners kRebl) Hertha (Handy) (Ret4 _eftharc Ditch Co. 'Real , State Board or Aoric t c TOTAL - PEPL WATER, O.P. 0.0 0.0 E.D A.i TOTAL CDV WRIER 306.3 191.4 0.0 0.0 0.0 millililIMII NORTHERN COLORADO RATER CONSERVANCY DISTRICT COLORADO-BIG THOMPSOH SUMMARY OF DELIUERV OPERATIONS -- 1436 PAGE 1 TOTAL BALANCE DITCH AND 011014 CREDIT TOTAL TOTAL DEBIT TOTAL CANCELLED DELIVERY POINT CERTIFIED TRANSFERS CREDITS DELIVERIES TRANSFERS DEBITS 10-31-36 Arthur. 224.0 224.0 188.3 183.3 35.7 Bo: Elder 35.0 35.6 35.0 Bo- Elder Channel 141.0 140.0 140.0 140.0 0.0 Cannon Canal 192.5 15.0 207.5 102.2 105.3 207.5 0.0 Great Western Sugar Co 2.343.6 2.343.6 2.116.6 2,116.3 226.8 Ideal Basic Ind Inc 612.5 612.5 612.5 612.5 0.0 Jackson 21.7 21.7 21.7 Lake Canal 2,223.1 530.4 2,758.5 2.194.6 5.6 2.200.2 558.3 Laariner p, Held 16.615.2 7.432.0 24.047.2 20.155.3 1.423.2 21,644.0 2.403.2 Larieer County *2 605.5 727.1 1.332.4 691.6 59.2 . 730.8 601.8 Ltl Cache la Poudre 116.9 24.0 140.1 224.0 24.0 116.9 Her Cache la Poudre ' 7,857.5 967.0 8,824.5 7,241.4 7,241.4 1.583.1 Her Herter 972.3 186.6 1.158.9 401.2 15.1 416.3 742.6 North Poudre 28,000.0 4.005.0 32,005.0 17,332.0 14,623.0 11.955.0 50.0 Pat Griffin Co 22.4 22.4 22.4 Pleasant Val k Lake 471.1 2.0 473.1 167.0 167.0 306.1 Water SO 3 Stor 3.813.5 6.331.7 10.200.2 33,543.8 3.5 3.547.3 6.652.9 Whitney 455.0 455.0 455.0 455.6 0,6 TOTAL - POUDRE RIVER 64,731.8 20,270.8 65,002.6 44,561.2 27.084,9 71.646.1 18.356.5 Br-fester D H 230.0 280.0 250.3 250.3 29.7 Eastman Kodak Co 3.211.6 3,211.4 2,553.8 2.553.8 657.8 GravesrPVL6C Co 315.0 105.3 420.'1 112.6 150,0 262.6 157.7 Greeley, City of 13,099.1 3.754.4 16.853.5 317.8 5,074.8 5,391.5 11,461.7 Rnsequie 40.0 40.0 40.0 40.0 0.0 TOTAL - HWISEII SUPPLY CAN 16.905.7 3.899.7 20.305.4 720.7 7.777.2 8.098.5 12.306.9 SUMMAR2 OF DELIVERY OPERATIONS -- I936 PAGE 2 TOTAL BALANCE DITCH 040 QUOTA CREDIT TOTAL TOTAL DEBIT TOTAL CANCELLED DELIVER? POINT CERTIFIED TRANSFERS CREDITS DELIVERIES TRANSFERS DEBITS 10-31-36 t Ault. Torn of 262.8 268.8 262.8 263.2 0.0 Dixon Reservoir Co 45.5 45.5 30.0 35.0 15.5 East Larieer Co MD 2.003.3 996.6 3.054.9 3.004.9 3,004.9 0,0 Eaton. Town of 656.9 666.5 656.9 606.9 0.0 Ft Collins. City 06 3.053.5 11,987.0 20.040.5 11.891.0 3.022,0 14,973.0 5,067.5 Ft. Collins-Loveland WD 3,361.4 2,537.1 5,292.5 4,750.0 4,705.6 1.193.5 La Salle. Town OF 26.6 26.6 26.6 Nasweli S 6 138.5 133.5 130.6 135.6 7.9 Miller Trust 2 Miller 88.5 30.5 67.0 67,0 13.5 Ninatta E 42.6 42.5 42.5 42.6 0.0 Noel N R 66.5 66.5 56.5 06.5 0.0 North geld Co 46 1,705.2 3,191.4 4,296,6 4,396.6 4.856.6 8.0 Northern Colorado Water Assn 1.4 1.4 1.4 1.4 0.0 Pierce, Town of 49.0 50.5 99,0 49,0 49.6 50.0 Soldier Canyon Filter Plant 11.133.0 11.138.0 7.355.5 136.5 7.492.0 3,646.0 State Board of Aaric 1,054,9 152.0 1,256.5 566.9 `0.5 516.9 590.0 Sunset Rater Dist 55.5 59.5 59.5 `9.5 0.0 West Ft Collins MD 777.0 777.5 521.5 531.5 246.5 TOTAL DI2OH FEEDER CANAL 12.207.0 25.195.6 43.397.6 220.011.0 17,525.1 37.536.1 10,261.5 TOTAL HORSETOOTH RESERVOIR 99.244.5 54,361.1 154.255.6 65.292.9 52,3337.5 117.620.7 36.524.5 Bald Mountain Water Assn 14.0 14.C 4.7 5.0 9.7 4.3 Crystal Mater Company 289,3 289.3 93.9 93,5 195.9 Estes 0016 4 Countru Club 1226.0 126.0 126.0 126.0 0.0 Estes Park. Tom of 315.5 315.0 315.0 Estes Valley Rec 2 Park 53.9 126.5 179.9 136.4 136.4 43.5 Gottberd R E 42.5. 42.1'. 42.5 Hewlett Packard Company 107.1 157.1 17.1 Newell-Warnock Water Assn 9.1 5.0 14.1 7.2 7.2 6.4 Park School Dist R-3 21.0 21.0 21.0 Prospect Ntn Mater CO, Inc 23.2 23.4 16.2 16.2 7.6 Thunder Mountain Water 17.5 17.5 17.5 Woodside Resources Inc 2.1 2.1 2.1 YMCA DP the Rockies 14.0 14.0 14.0 TOTAL ABOVE FLATIRON 1.035.3 131.0 1.166.3 25'.4 131.0 389.4 776.9 r IIIIIMIffilli SuHHARY OF DELIUERe OPERATIONS -- 1936 FADE 4 TOTAL BALANCE • DITCH AHD QUOTA CREDIT TOTAL TOTAL OEB1i TDT€L CANCELLED DELIVER? POINT CERTIFIED TRANSFERS CREDITS DELIVERIES TRANSFERS DEBITS 10-31-36 { Storer 34.3 40.0 74.3 7.0 7.0 67.3 Boulder 8 Larimer 553.6. 37.0 590.6 272.0 272.0 313.0 Culver 151.9 133.0 334.9 163.6 163.0 166.9 Eagle 239.4 13.6 252.4 166.6 166.6 86.4 Ida P Starbird 501.9 40.0 541.9 541.9 541.9 0.0 Hiner 8 Lonoan 234.5 234.5 176.0 174.6 53.5 New Isb 5.026.2 731.1 5.813.1 3.140.0 33.0 4.073.0 1,745.1 Osborn & Cavrood 147.6 147,0 147.6 147.6 0.0 Riverside GASP 359.0 359.0 359,0 359.6 0.0 Rockveli 2333.3 232.5 "36.5 36.0 197.'3 TOTAL - LITTLE TH6 PSON RI 7,182.0 1,403.9 3.535.9 5.2321,0 624,9 5,945.9 2,640.0 8rornwood/R.eed'Rdans'Hallett 24.6 21,9 43.5 31.6 31.6 16.9 Callahan T L 7.7 7.7 7.7 Cathev C H 5.0 5.0 1.5 1.5 3.5 Central veld Co E'' 2.465.4 930.5 3,446.2 3.436.2 3,436.2 10.0 Dacono. City of 336.7 10.0 34,.2 346.7 346.7 0.0 Edds D C 7.6 7.0 7.5 Evans. City of 325.7 23.0 413.7 335.7 325.7 22.0 Fellows C i- 19.5 10.5 0.7 -.0 3.7 6.: Firestone. Tottn gf 450.2 450.3 262.0 60.0 19£.2 Ideal Basic Ind (Loukencml 350.0 350.6 317.2 30.6 347.2 2.8 Mersen. ic,c, of 132.4 3.5 235.9 143.3 143.3 92.6 Lauchii H A 7.0 7.6 3.6 3.6 3.4 Laroc:nt, City of 3.270.2 3.2761,2 3.270.? 3.270.2 0.0 Lti Tho;pson 4D (Inc H Carter) 3,933.2 3,526.7 7.520.0 4,521.6 4332.0 4.953.6 2.566.4 Hiiiiken. Tenn of 142,8 93.0 240.8 24E.% 240,3 0.0 North Carter Lake later Dist 25.2 25.2 25.2 25.2 ..0 Parrish .) 56.5 56.0 24.4 24. , 21, . Platteville. Torn of 72.4 73.4 74.4 Pcdorch;h U N 11.2 11.2 11.2 Stied R - Gallagher L 2.5 2.3 2•` $UUpiv 2.777.6 604.6 3.3$2.2 2.631.3 541.4 3,173.2 209.96 leeseitroseclose 10.5 5.0 15.5 3,4 3.4 7.1 kilson D 5 129 13.9 13.9 TOTAL - ----------- ST DRAIN SUP CANAL 10,926.5 3.963.7 19.950.2 10.311.0 5.844.3 16.655.3 3.294.9 V SUIIHaR4 OF DELIVERY OPERATIONS -- 1936 PAGE 3 TOTAL BALANCE DITCH AYD OUOTA CREDIT TOTAL TOTAL DEBIT TOTAL CANCELLED DELIvER':' POINT CERTIFIED TRANSFERS CREDITS DELIVERIES TRANSFERS DEBITS 10-31-84 4 Berthoud. Toen of 368.9 365 .9 363,9 Big T F Platte 45.5 45,5 45.4 43,4 0.1 Big I Ditch 8 Mfg 56.4 7.0 63.1 63.0 Buckhorn Water Users 99.1 99.0 99.6 99,0 0.0 Estes Park. Realty venture 7.0 7.0 7.0 Farmers 473.3 120.0 595.3 215.0 215.0 380.3 6Forae Rist 47.6 47,6 35.0 35.0 12.6 Greeley-Loveland 7,380.6 5.711.7 13,092.5 7.300.0 2.910.5 10.210,5 2.882,0 Handy 5,052.6 133.0 5.125,6 2,340.0 337.3 2.677.8 2,507.8 Hill 3 Brush 13.5 7, 25.5 7.0 7.0 13,5 Hillsboro 523.6 7.0 530.6 172.0 175.0 347.0 133.6 Hove Suooi't 5.260.5 556.5 `_.'317.4 3,099.9 234.5 3,334.3 2.483.1 Louden 2.841.3 1.263.4 4.104.9 2.950.0 7.0 2.957.0 1,147.9 Loveland. City of 6.351.1 204.0 6.5.5.1 5,207.5 5,207.3 1,347.3 South Side 430.2 10,0 490.2 302.0 182.2 490,2 0.0 MindcliFR Water Assn Inc 52.5 52.5 7.6 7.1 45.5 TOTAL - EIG TH014PS0H RIVER 28.951.'3 8,111.2 27.031.0 16 qty, ' 9.587.8 25.633.5 11,443.1 Bijou 753.'2 753.2 753.2 753.2 0.0 Central Cola 4CD 2.243.7 2.245,7 2,245.7 Lower Lathan 108._ 108.5 1(=3.5 Riverside GASP 2,853.2 2.853,2 2,494.5 35'2.1 2.853,0 0.2 Riverside Irrigation Dist 4.200.0 4.210.0 2,100.0 2,100.0 4.200.0 0.0 TOTAL - LOVER PLATTE RIVER 5.061,7 5.093,9 10,161.6 4.594.0 3.212,2 7.806.2 2.354.4 Buckhorr Mater Users 2.537.5 7,1 2,544.5 1,751.11, 249.5 1.999.1 545.2 Buderus 5.6 5,6 1.4 1.5 4.6 Loveland, City of 1.215.8 1,215.5 1,215.8 1.215.8 `..L Spring Canyon Water Assn 37.1 +3,5 130.5 67.3 67.3 6`3.5 4elek 8 H (Cottor:wood5 21,G 21.5 21.0 TOTAL - HANSEN FEEDER CAN 2,601.2 1,316.3 3,917.5 3,034,4 249.1 3.23:,4 634.1 TOTAL HANSEN FEEDER CANAL 36.624.7 14,534.4 51,159.1 24.193.6 12,529.1 36.722.6 14.434.5 SutUW'/ CF DELIVERY OPERATIONS -- 1986 PAGE 5 TOTAL BALANCE • DITCH AN6 BUOPA CREDIT TOTAL TOTAL DEBIT TOT:4L CANCELLED DELIUERc POINT CERTIFIED TRANSFERS CREDITS DELIVERIES TRANSFERS DEBITS 10-31-36 C:harran-Nc Ca>1in 17.5 17.5 17.5 C'lou?h Private 1.4 1.4 1,4 Clover Basin 28.0 28.6 29,0 Davis 8 Domino_ 250.6 107.6 357.6 233.8 20.0 253,8 103.5 Demo 3. Taylor 48.6 40.6 2.0 2.0 33,6 Highland 10,213.6 2.563.5 12,722.1 8,369.6 283.1 8,652,7 4,129.4 .tares 235,9 235.9 135.8 135.9 100.1 Longmont Supolu 38.5 38.5 38.5 Longmont, City of 7.360.5 7,360.5 110,4 6.925,2 7.035.6 324.9 Lyons. Tom of 219.1 219,1 219.1 Niece 35.0 35,0 35.0 Oliaarcte: 449.4 449,4 422,5 43.5 405.9 Palmerton 25,9 25.9 25.9 Peck 319,2 315.2 73.E 91.0 164,8 154.4 Public Service Co oP Cole 6,997.9 6.947,9 6,997.9 Pouch R Peadv 1.591.E 17.5 1.609.3 1.469,2 140.0 1,609.2 0.1 South Ledge 70.0 30.0 1000.0 50.0 50.0 S'lede 1,052.5 1,052.8 811.22 12. 823.2 "125,,, TOTAL - ST 11RAIN RIVER 28.932.7 2.718,0 31.670.7 11,203.9 7.566.8 :8.770.5 12500.1 - Bennett N P 46.2 46.2 46.2 46.2 0.0 Boulder. City of 1,634.4 1.6334.4 1,6334.4 1.634,4 0.0 Colorado Cecent En+.ervrJse_-. 39.5 33.5 38.5 Left Hand Nester Supply 2.650.9 2.650.9 2.655.5 2.656.5 0.0 LeRthand Ditch Co. 1.115.1 2.709,1 3,824.2 31.0 390.0 421.0 3,403.2 Star 119.6 119.0 119.0 TOTAL - BOULDER FEEDER CAN 3.9:5.7 4.343.5 8.313.2 1.665,4 2,087.1 4.752.5 3.560.? Boulder 3 Lefthand 365.4 395.0 741..4 422.2 100.6 522.2 233.2 Boulder 8 Uhiterock 2,051.0 3.267.9 5.318.8 4.937.8 350.0 5.287.5 Boulder Country Club 205.1 205.1 77.1 77.1 Diagonal Voter S Sanit Dist 58.0 56.0 48.0 48.6 8.0 Stoneoate Associates 21.4 21.0 0.1 0.1 20.9 TOTAL - BOULDER CR SUP CAN 2,693.5 3.66222.3 6,361.3 5.437.2 498.1 5.935.2 426.1 SUYNARY OF DELIVER; OPERATIONS -- 1926 PAGE 6 TOTAL BALANCE DITCH AHD fL0TA CREDIT TOTAL TOTAL DEBIT TOTAL CBHCELLED DELTUER', POINT CERTIFIED TRANSFERS CREDITS DELIVERIES TRANSFERS DEBITS 15-31-86 Boulder t veld 322.7 346.5 669.2 383.'0 23.0 411,0 253.2 Boulder. Cite of 14.549.5 14.549.5 2,252.0 3.213.4 15.535.4 4.014.1 Carr 2 Tyler 35.0 35.0 .15.0 335.0 0.0 Coal Ridoe 574.0 193.5 767.5 627.5 627.0 140.0 Dailey 8 Plum: 35.0 35.0 35.0 0odding 227.5 370.6 597.5 225.0 372.5 597.5 0.0 Leggett 1,097.6 723.2 1.825.2 1.010.0 815.8 1.925.8 0.0 Lover Boulder 1.405.6 1,498.0 2.953.6 2.502.0 207.0 2,709.0 154.6 North Bldr Farmers 46.2 46.2 20.0 20.0 26.2 Platte Valley irrigation Co 7,224.0 7.224.5 1,800.0 1,335.0 3,135.5 4.089.0 Silver Lake 673.0 673.0 604.3 604,3 63.2 Svith k Eanons • 172.5 173.5 12.0 166.5 172,5 0.0 TOTAL - BOULDER CREEK 25.695.6 3.808.7 29,504.3 9,420.8 11,252.2 20,679.0 8,825.3 TOTAL CARTER LAKE 79,485.0 24,900.6 104.335.6 43.855.2 28.279.3 72.738.5 31.647.1 TOTAL - 0UOTA RATER 216.989.5 53,927.1 310,916.5 113.654.1 933.927.1 2227.531.2 23.385.4 REPLACEr,EdT MATER Dixon Reservoir. CD Reply 469.0 465.0 3222.; 322.3 146.2 Dry Creek iRepl) 1.485.0 1.425.0 84+.4 843.4 641.6 Estes Park. Town of (Red, 500.0 550.0 257.5 257.5 242.5 Farmers (Pepl) 481.0 421.0 481.0 431.0 0.0 Hertha (Handv) (keel) 165.0 165.5 144.8 144.8 20.2 lefthand Ditch Co. (Reel) 2,532.3 2.532.3 2,527.6 2.527,6 4.7 State Board of Agri( 'Repl) 400.0 400.0 400.0 400.0 0.0 TOTAL - REPL DATER 6.032.3 0.6 6.032.3 4,977.1 0.0 4.977.1 1.;5` TOTAL CET RATER 223,021.5 93.927.1 316,943.5 133.561.2 93,927.1 232.505.3 84,440.6 NORTHERN COLORADO WATER CONSERVANCY DISTRICT COLORADO-BIG THOMPSON SUMMER WATER DELIVERIES FOR YEAR -- 1986 PAGE I SUMMARIZED BY MONTH AHD DELIVERY POINT DITCH AND DELIVERY POINT APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER TOTAL Arthur 0.0 Box Elder 0.6 BOX Elder Channel 93.2 46.3 140.0 Canyon Canal 17.6 64.6 102.2 Central Colo i1CD 0.0 6raves/PVLBC Co 0.0 Great Western Sugar Co 0,0 Greelay, City of 0.6 Ideal Basic Ind Inc 6,0 Jackson 0.0 Lake Canal 773.0 1.237.6 134.0 2,194.6 Larimer k held 4,516.6 12.326.6 1,212.6 2,100.6 20,155.8 Larimer County 02 75.0 616.6 691.6 Ltl Cache la Poudre 0.0 Hem Cache la Poudre 0.0 Nea Mercer 16.3 324,4 401.2 North Poudre 4.153.4 9.335.0 33.8433.6 17.232.e Pat Griffin Co 6.6 Pleasant Val I Lake 6,0 Poudre River kunout Block 0.6 Public Service Co of Colo 0.0 Riverside GASP 6.4 State Board of Agric 0.0 water SOD R Stor 166.6 1,560.4 1,316.5 33,543.8 Whitney 0.0 TOTAL - P0UDRE RIVER t0.0 0.0 0.6 9,644.0 25.096.8 7,720.4 2.100.0 44.561.2 8resster D H 33.7 58.4 141.6 18.6 256.3 Eastman Kodak Co 4.6 Graves/PUL8C Cc 7.2 26.0 70.2 15.2 112.6 Greeley. City of 317.8 317,3 Resseauie 13.2 0.3 12.0 14.0 40.6 TOTAL - HANSEN SUPPLY CAH 0.0 317.8 54.1 75.2 223.8 45.8 0.4 726.7 SUMMER WATER DELIVERIES FOR. YEAR -- 1986 PAGE 2 DITCH AHD - DELIUEk; PO1RRT APRIL NAY JUNE JULY AUGUST SEPTEMBER OCTOBER TOTAL Ault. Tenn of 0.0 Dixon Reservoir Co 0.0 East Lariner Co WO 0.0 Eaton, Torn of 0.0 Ft Collins, City of 763.7 2,795.2 1.234.5 2.227.4 1.421,6 730,3 11,391.0 Ft Collins-Loveland WD 0.0 La Salle, Tour, of 0.0 Maxwell 5 G 3.8 73.22 10.6 33.0 130.6 Miller Trust 2 Miller 21.0 7.2 17.6 10.6 11.2 67.0 Minatta E 0.0 Noel A R 0.0 North Meld Co HD 6.0 Northern Colorado Water Assn 0.0 Pierce. Torn of 0.0 Soldier Caneon Filter Plant 373.v 1.158.5 692.4 1.220.4 784.1 597.1 7.355.5 State Board of Aaric 5.0 26.8 413.6 117.4 4.1 566.9 Sunset. water Dist. 0.0 Hest Ft. Collins WD 0.0 TOTAL - FEEDER CANAL 57 .7, 5 - 333 7 51; DIXON;.GH CA{A 0.0 1.141.4 4,4_, .5 1.i,:. , �s.9: .4 2 Lb�.422.i t�-..t,.b TOTAL HORSETODTH RESERVOIR 0.0 1.459.2 4,112.0 11.694.7 29,237.0 10,059.9 3,442.7 65.292.9 Bald Mountain Water Assn 0.2 1.0 0.2 0.5 0.5 0.6 4.7 Crystal Mater C000anu 2.7 9.2E 5.1 11.1 9.0 8.0 93.9 Estes Golf 2 Country Club 0.0 Estes Park. Tobin of 0.0 Estes Valley Rec 2 Park 24.3 38.1 5.8 31.1 39.3 7.3 136.4 Gotttero P E 0.0 Het:lett Packard Cor:@er:v 0,0 Neeell-Harnock Uater Assr, 0.3 0.5 0.5 1.0 0.8 9.'; 7.2 Park School Dist_ P-3 Frosted litn 9ater Co. Inc 0., 1.5 0 1.7 1.5 1.4 Thunder Mountain dater 5.0 Woodside Resources Inc 5.0 YMCA of the Rockies 0.0 TOTAL ABO"E FLATIRON 0.0 18.0 50,8 12.4 45.4 51.6 18.2 258.4 SUHNER RATER DELIVERIES FOR YEAR -- 1936 PAGE 3 DITCH AND DELluEPS POINT APRIL HAY JUNE JULY AUGUST SEPTEKPER OCTOEE8 TOTAL Berthoud. Town of 0.0 Rio T $ Platt4 45.4 45.4 Bid I Ditch, 3 Hfg 0.0 Buckhorn Nater Users 24.0 10.8 64.2 99.0 Estes Park Realty Denture 0.0 Estes Park. To'm of 0,0 Farrers 215.0 215.0 George Pist 35.0 25.0 Oreeiev, City of X1,1 Greeley-Loveland 1,370.3 4.814.6 1,114.6 7,308.8 Handy 1.842.4 497.6 2.3340.. Hill R Erush 0,0 Hillsboro 6,3 165.2 172.8 • Hoee Supoly 60.0 1,575.2 1.234.2 230.4 3.099.8 Louden 485.4 2,132.8 331.8 2.950.0 Loveland, City of 8,8 Rist 3 Goss 0.0 South Side uindcliFF Rater Assn Inc 7,0 , .. TOTAL - BIG TNONPSOU k(uEf, 0.0 0.0 84.0 1.873.3 10,836.4 5.54::.6 2330.4 16.565.2 Bijou Central Colo I1CD 0.0 Loser Lathe. 8.5 Public Service Co of Colo 0.0 Riverside GASF 21.2 2.033,5 43 .0 2,494.1 Riverside Irrigation Dist, 2.100.0 2.100.0 TOTAL - LONER PLATTE RIQER 0.0 0,5 21.2 22.033.3 2.539.0 0.0 U.0 4.534.2 BvcY.hdrn Pater Users lUi.:: 4l'7,8 ,0��.6 631.8 <;:._ 4O.E. Buderua 0.1 0.1 0.2 0.2 0.3 0.1 Loveland. City of 39.8 260.8 5.2 112.4 197.E. 1.215.8 Sorina Carom 1dat.er Assn 2.0 8.3 4.2 8.4 7.1 6.S 67.3 'lelek B H (Cotton'codl L'.@ TOTAL - HANSEN FEEDER CAN 0.0 142.5 677.0 215.2 840.4 3331,E 253.2, 3.034.4 TOTAL . HANSEN FEEDER CANAL 0.0 142.9 782.2 4,222.3 14.015.8 3.371.$ 483.7 24.193.6 SUMHER WATER DELIuFRIES FOR YEAR -- 1536 PAGE 4 DITCH AND . DELIUERY POINT APRIL MAY JUNE JIJLY AUGUST SEPTEMBER OCTOBER TOTAL Blower 3,0 4.0 7,6 Boulder R Larimer 17.2 254.5 272.0 Central Coic. BCD 0.0 Culver 6.4 85.6 11.2 64.8 168.0 Eagle 12.0 43.0 12.0 72.2 21.8 166.0 Eplin 0.6 Ide i St.arhird O,0 Jordan Yell t1 0,6 Miner 6 Longer, 133.8 43.0 176.0 Nes Ish 665.0 1.616.2 1,508.5 33,995.6 Osborn d Cavwood 33.4 108.6 147.0 Riverside GASF 5.0 158.8 186.0 9.2 359.0 Rockwell 10.4 25.6 36.0 TOTAL - LITTLE THOMPSON RI a.0 0.0 20.0 927.0 2,332.2 1.699.2 36.6 5.321.0 Brawnwood/Reed/Adaxs/Hallett 5.4 6,7 9.5 7.5 2,5 31.6 Callahan T L 0.0 Lathe) C 6 0.5 1.5 1,5 Central Weld Co WD 0.0 Dacona. City GC 5.5 Edds 9 C 0.0 Pans, City of 0.0 Fellers C C 0.5 0.1 0,1 0.7 Firestone. Town of 0.0 Hand. 0.0 Ideal Basic Ind (Loukenon'' 46.4 51.4 75.2 74.4 65.8 3..._ Kersev. Town of 0.0 Lauchli N A 2.4 0.6 U.C. ' 6 Loinoront. City of 242.0 741.6 510.0 792.5 619.2 365.4 3,270.2 Ltl Thonoson YD (Inc N Carter) 201.6 641.1 414.3 723.0 422.7 391.5 4.521.6. Milliken, Town oP 0.0 North Carter Lake Water Dist. 0.0 Parrish 4 0.9 2.5 7.4 5.4 7.2 24.4 Platteville. Town of 0.0 Polvrchak U M 0.0 Stied R - Gallagher. L 0.6 Sueply 459.6 1.111.2 1,056.8 4.2 2.631.3 Neese/Groseclose 6.1 1.7 4.2 2.1 0.3 8.4 Wilson D S 0.0 TOTAL - ST WRATH SUP CANAL 0,0 444.8 1.441.5 1.451.0 2.727.2 2.250.6 833.7 10.811.0 3UM®ER VATER DELIVERIES FOR YEAR -- 1936 PRGE 5 OITCH AND DELIVEP4 POINT UPR1L NAY JUNE JULY AUGUST SEPTEMBER OCTOBER TOTAL Central Colo UCD 0.0 Chaonar Mc Caslin 0,0 Clough Private 0.0 Clover Eosin 0.0 Davis 8 Downing 219.4 14.4 232.8 Denior. Taolar 0.0 Highland 1.756.6 5,452.2 1.159.2 3.369.6 James 125.3 135.8 Longmont Supple 0.0 Longmont. Cite of 110.4 110.4 Lvcm;. Town of 0.0 0.0 Oligarchy 0.0 Palmerton, 0.0 Ptcr. 40.2 33.6 73.8 Pella h,0 Public Service Co of Colo 3.0 Riverside GASP 0,3 Rough ?. Ready 17.6 520.0 521.6 1.469.2 South Ledge 0,0 Sucplo 0.0 - Swede 550.4 260.4 811.2 TOTAL - ST 'WAIN RIDER 0.0 0.0 0.0 1,384.6 7,329.6 1.950.2 0.0 11.203.6 Bennett W P 0.0 Boulder. Cito o+ 113.2 407.6 161.1 39'x.7 255.1 257.7 1,634.4 Colorado Cement Enterprises 0.0 Left hand tracer Suppi'i 0.3 Lefthand Ditch Co. 31.'3 31.0 Star 0.6 TOTAL - BOULDER FEEDER CAM 0.0 113.2 407.6 161.1 430.7 293.1 257.7 i.665.4 Boulder 8 Lefthand 249.4 172.8 422.2 Boulder 8 Whiterock 2,793.4 2.144.4 4,937.8 Boulder Country Club 22.0 5.4 3.3 21.6 14.0 10.3 77.1 Diagonal Voter. 8 Sanit Dist 0.0 5toneaate gcse .iates 3.. .Uilliams Bros East Bidr Farms 0.0 TOTAL - BDULDER CR SUR CAA 0.0 22.5 5.4 3.3 3,064.5 2,322.'2 10.`3 5.427.2 SUMMER WATER DEL(UERIES FOR YEAR -- 1536 PAGE 6 DITCH AND DELIVER'; POINT APRIL NAY JUNE JULY AUGUST SEPTEMBER OCTUEER TOTAL Boulder a weld 93.3 251.6 2.6 382.0 boulder. City of 3310.5 982.3 1.040.6 2252.4 Carr 8 Tyler 3.3 Central Colo BCD 8.6 Coal Ridge 627.0 6627.3 Dailey 8 Pius,b 8.6 Gadding 225.0 225.3 Leggett 143.6 870.6 1,010.8 Laker Boulder 103.3 2,083.2 3350.3 2.5132.0 North Bldr farriers 8,0 Platte Valley irrigation. Co 588,3 320.0 1.380.0 Public Service Co of Colo 8.8 Riverside GASP _ 0.3 - Silver Lake 3.8 1533.8 253.6 195.2 604.8 Stith 3 Ett:ons 12.0 12.0 TOTAL - BOt1LOER CREEK 0.0 310.0 3.0 2.453.8 5.528.4 533.6 0.0 5.420.8 TOTAL CARTER LAKE 0.3 358.0 1.877.5 7.426.3 21,460.0 9.354.9 1.:83.3 43.355.2 TOTAL - OUOTA DATER 3.3 2.510.1 6,822.5 23.356.2 64.752.2 23.372.0 5.132.9 133.604.1 REPLACEMENT HATER Dixon Reservoir Co (Rept) 63.3 143.6 110.4 322.8 Dry Creek (Reol) 124.G 352.0 11£,6 250.8 843.4 Estes Park. Toiin of (Pe;) 5.7 34.2 16.2 34.0 32.2 29.1 257.5 Farmers (Repl) 421.2 59,8 421.3 Hertha (Handy) iP.epl) 144.3 144.8 • Lefthand Ditch Co. (Peal) 420.8 1.532.6 224„ 2,527.6 State Board of Arc (Rep+) 1.7 224.4 TOTAL - PEPL RATER 0.0 195.2 613.6 974.3 2,520.6 366.3 2'3.1 4,977.1 TOTAL CRT HATER 3.0 2.709.3 7.433.1 24.331.0 67.272.3 23.744.8 5.161.3 133,531.2 s HORTHEPN COLORADO WATER CONSERwcKCY DISTRICT CHART OVER SUHHER WATER DELIOERIES-FOR YEAR -- ICB6 PACE 1 SUMMARIZED BY MONTH ANC, DELIVERY POINT DITCH AHD DELIUERY POINT APRIL HAY JUNE JULY AUGUST SEPTEMBER OCTOBER TOTAL Arthur 0.0 Box Elder 0,0 Box Elder Channel 0.0 Canyon Canal 0.0 Central Colo WCD 0,0 Great Western Sugar Co 0.0 areelev. City of 0.0 Ideal Basic Ind Inc 0.0 Jackson 0.0 Lake Canal 0.0 Larieer t Weld 0.0 Latimer County 12 0,0 Ltl Cacte la -reudre 0.0 Hew Cache la Poudre 0,0 Hew Mercer 0.0 North Poudre 0.0 Pat Griffin Co 0.0 Pleasant Val & Lake 0.0 Poudre Bluer kunout Block 0.0 Public Service Co of Colo 0.0 Riverside GASP 0.0 State Board of Acric 0.0 Water sut 2 Stor 0.0 Whitney 0.0 TOTAL - POUDRE RIVER 0.0 0.0 0.0 0,0 0.0 0.0 0.0 0.0 Brewster D H 0.0 Bastiar, Kodak to- 0,6 Graves/PULeC Co 0.0 Greeley. City of Resse0uie 8.6 TOTAL - HANSEN SUPPLY CAN 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 SUNNER WATER DELIVERIES FOR YEAR -- 1666 PAGE DITCH A'; DEL1UERY POINT APRIL NAY JUNE DULY AUGUST SEPTEMBER OCTOBER TOTAL Ault. Town of 0.0 Dixon Reservoir Co 0.0 East Larimer Co RD 0.0 Eaton. Town of 0.0 Ft Collins. City of 0.0 Ft Coliirs-Loveland WD 0.0 La Salle. Tong of 0.0 Maxwell S 0 16.4 16.4 Miller Trust E Mille' 0.0 Minatta E 0.0 Noel H R 0.0 North Veld Co RD 0.0 Northern Colorado Water Assn 0.0 Pierce. Town of 0.0 Soldier Canyon Filter Plant 0.0 State Board of karic 0.0 Sunset Hater Dist ,_; vest Ft Collins VD 0.0 TOTAL - DIBON FEEDER CANAL 0.0 i6.4 0.0 0.0 0.0 0.0 0.0 16.4 TOTAL HOPSETOOTH RESERUDIR 0.0 16.4 0.0 0.0 0.C 14.4 Bald Mountain Water Assn 0.0 Crustal Water Company 0.0 Estes celf t Country Club 0.0 Estes Park. Town of 0.0 Estes Ualle0 sec a Park 0.0 Oottbero R E • O0.0 de”lett Packard Cc o r. Nevei)-Warnock Hater- wssr. _._ Park School Dist R-3 Prosoect Mtn water Co. inc 0.. Thunder Mountain Water 0,0 Woodside Resources Inc 0.0 YMCA of the Rockies. 0.0 TOTAL ABODE FLATIRON 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 SUHeEP HALE? DELteEPIN FUP YE 2 -_ irodeE Pus_ 2 DITCH Au.) CELINEP:: POINT ACME HAN dUY;E d6IN A+UGJST SERTEH2E2 86TOSER i4TR_ Berthoud. Tomb nr 0,6 8:9 T i Platte 6.6 8io T Ditcri t MC; 6.6 Eucktorrn Dater Doer: 0.6 Estes Par:k Pealt" ylcTi:ure [t,11 Estes Psr,., Tc:,r, oC 0.@ -yr7ie' ... Gecrce Kist I'.5 &reel e rLmwel ana 9.6 Hat: 0 6 hill 6 Erush 6,0 Hillsboro 0,0 Nome Succ v 5.0 Lauder: 9.0 L"^ela?d, >;ir., 0,0 Pist. tCoss 0.01 South Sloe .. Niridcliti 9atBC cssr in: 70T , - EIO THUMPSOH RIVER 6.5 6.6 5.5 (,,r ,., {i jeu5.5 Central Ccio i''-. 5, Lo"er Latta:. U-J Public ;er'ice Co GC Colo fc„• D'"erside GASP ..5 PiNersice irricatier: Dist 5.0 TOTAL - LOHER PLATTE P,IUEF 6,5 r.- 5., ,.. .., Eacfrorr Hater. Ruoierus LG"eiae4. tilt° ^' ... Striro Cer!ir R2ttT NSs:* lelek 8 B 55ottorwood) 6._ TDIAL - tlAHSEN FEEDER CAN 6.9 6.6 6.6 A., O.t u.. 6.0 d.,. TOTAL HAHSEN FEEDER CANAL a„ a,_ ii. SUMMER WATER DELIUERIES FOR WEAR -- 142G PAGE DITCH AND i'ELIUER?' POINT APRIL MAP JUNE JULY AUGUST SEPTEMBER OCTOSEQ TOTAL Blower 0.0 Boulder E Lariner 0,4 Central Colo 6:CD tt,p Culver 0,0 cariia 0.00 Epiin 6.0 ide k Starbird 0.0 Jordan Dell *1 0,0 Hiner Londe: U,r, New 1sr 0,0 0 torn a Cavr'coo 0,0 Riverside DAIS 0.0 Packaeil 0.0 TPTAL - LITTLE THOMPSUU Ri 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Bronnecod/Reed/Ado's Naiie l Callahan T L Cathev C R ieotrei Weld Co 14 0.0 Garnet, .itv of 0,0 Ede . . 0.0 Evans, City of 0,c Fellows ;. C u,@ Firestone. Town of 0,0 Handy 0.0 Ideal Basic Ind (Lou encn) u.0 Kersei. Tc"n of 0.0 Lauchii H =. 0,5 ionor, .. ... Ltt Thososon up 'Inc H Carter'+ . . Mililken. Tc'r or ,,. North Carter Lake 'pater Dist Parrish J 0..4 Platteville. Toys of itleo R - Gallagher- L 0.0 SUDDIV 4a 'Wiese/Groseclose Wilson S ,,, 'TOTAL - ST URAIH SUP CANAL 0.0 0.0 0,0 0.0 0.0 0.0 WATEP DELPEOIEU F'.5f3 vEF`.P -- 19z- ° DITCH AN DEU[UEr: POINT HP2r.L MAY JUNE aL? waist SEPTEt En uCTOSEP TOThL Central 0.cilo 5.0 CI ouch Private a.'a Clover Sass 0. Denio t Tavio- 5.5 HI an}arj U.0 James O.O Loronor; Suiji'ic J.4 Loroscct. Cleo of 0.0 Loons. Tour of 5.5 0.0 CI1aarch0 Q.0 Paicertcr• 0.0 Peck 3.5 Pella a,r, Public Service Co of COLS Riverside O 55 South Ledo? 9.3 Soo. S`ece .. I0TIL - ST 4RR1R ... O.t+ Benn'tC :i F 9.0 Boulder. Cit. c.r eF7. voioradc Ceeeat Enter Driser J.Q Left Hand Rater Sootily ... LeEtrr;ri TOTH.: - BOLDER FEEDER Ci+F u,i. 0.5 0.0 0.0 -...- Boulder , Lefthand 3.3. Boulder M Hhitercck 0.3 • Boulder Cnvrh.ry Club 5.9 Diaconal Hater S Sahlt Diu? .._ Strmeca;e PSSOCIates ... Bros East B!dr Farris ..5 TQTPL - BOULDER CR SUP 0,0 5,0 0.0 ... 0.0 0.0 • •SUNMEP HATER GELIVEPIES FOR YEAR -- 1939 PACE 6 DITCH AN() DELIVERY POINT APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER TOTAL Boulder 8 Weld O.0 Boulder. City of 0.0 _ Cerr (. Tule Q.t.` Central Colo NCI. 6.G Coal Ridoe u.0 Gaiiev & Pint 6.0 Gvdd i n., U.0 Leaaett 6.0 Loren Boulder 0.0 North Bids Faster: 6.0 Platte Uallev irriaation Co 0.0 Public Service Ce of Colo 0.0 Riverside GASP 7.11 Silver Lakc 6.0 Stith R Earors 0.0 TOTAL - aUULOE' CREEL: 5.0 ..", 0.0, TOTAL CAPTER LACE 0.0 0,4 0.0 0.0 0.(' 0.C 497.7 TOTAL - C+UOTA RATER 0.0 15.4 C.C 0.C 0,0 0.0 C.0 REPLACE"ENT HATER Dixon Reservoir Co treoil U.0 hry Creel. (Rept) 6.0 Estes lark. Toen of iPer) d.. Faners (Reol> O.i! Nertha {Nandv) (Reol) - .. Lefthaoa Bitch i.:. 1/49,e:1 . State Board of A,ric (Peal) TOTAL - PEPL HATER 0.0 0.0 O.0 U.O O,0 0.0 0.0 _._ TOTAL COV HATER 0.0 16.4 0.0 0.0 0.0 0.0 0,0 514.1 NORTHERN COLORADO MATER CONSERVANCY DISTRICT NON-CHARGE SIMMER MATER DELIVERIES FOR YEAR -- 1956 PAGE 1 SUMHARIZED BY MONTH AHD DELIVER? POINT DITCH AND DELIVERY POINT APRIL HAY JUNE JULY AUGUST SEPTEMBER OCTOBER TOTAL • Poudre River Runout Block 34.443.3 19.543.6 43.952.4 • _ TOTAL - POUDRE RIVER 0.0 30.443.8 0.5 19.543.6 O.0 4.4 4.0 49.9222,4 Brewster D H 114.2 114,3 braves/PUL$C Co 0.1 50.4 50.5 treeiev. City of 346.6 346.0 Resseovie 12.0 2.0 14.4 TOTAL - HRNSEN SUPPLY CAN 12.0 345.1 0.0 166.7 0.0 0.8 0.0 524.8 SOMMER WATER DELIVERIES FOR ?EAR -- 1938 PATE 2 DITCH AHD DELIVER? POINT APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER TOTAL Dixon Reservoir Co 40.0 192.0 2320 Ft Collins, City of 875.7 1.152.6 1.432.2 3.455,5 Har4eU S 0 22.8 22.3 Miller Trust t Miller 2.4 2.0 16.2 20.6 Soldier Canyon Filter Plant 806.7 590.3 638.9 1.235.9 State board of karit 41.4 10.9 296.5 140,3 TOTAL - DIXON FEEDER CANAL 1.521.7 1.795.2 0.0 2,599.2 0.0 0.0 0.0 5,916.1 TOTAL HORSETOOTH RESERVOIR 1.5113.7 32.585.1 O. 22.3309.5 0.0 0.0 0.0 56.428.3 Bald Mountain Mater Assn 0.7 0.6 0.3 1.6 Crystal Mater Coapany 5.1 6.6 7,7 22.6 Estes Park, Town of 22.8 :22.6 26.3 71.7 Estes Vallee Rec 3 Park 6,6 24.1 10.4 41.1 Nevelt-Warnock Water Assn 0.6 0.5 d.9 2.0 Prospect Mtn Water Co. Inc 1.6 1.3 i.2 4.1 YMCA of the Rockies 0 TOTAL ABOVE FLATIRON 40.4 55.9 0.0 46.8 0.0 5.0 0.0 143.1 SUHRER WATER DELIVERIES FOR YEAR -- 1986 PACE 3 DITCH AND DELIVERY POINT APRIL HAV JUNE JULY AUGUST SEPTEMBER OCTOBER TOTAL ' Bic Thospson kunout Bioci: 17,240.6 16.079.4 14.000.0 47,320.0 TOTAL - . BID THORPSON RIDER 17.240.6 16.079.4 0.0 14.000.0 0.0 O.O O.0 47.320.0 Lir Platte Runout Block 0.0 TOTAL - LOWER PLATTE R1UER 0.0 0.0 4.0 0.0 4.0 0.0 0,0 0.0 Bockhorr. Mater Users 155.6 459.5 628.5 1.243.6 Buderus 0.1 0.2 4.3 Loveland. tit') of tvi3 UFO 520.0 288.4 230.0 1.083.0 Sorinn Canon idater Assn 6.0 5.5 6.9 18.4 Yelek B H (Cottonvocdl O.0 TOTAL - HANSEN FEEDER CAN 681.6 752.1 05 915.6 0.0 0.0 0.0 2.350.3 TOTAL ._ HANSEN FEEDER CANAL 17.922.2 16,332,5 0.0 14.915.6 0.0 0.0 0.0 49.6?0.3 • SUMNER WATER DELIVERIES FOR YEAR -- 1936 POSE 4 DITCH AHD DELIVER? POINT APRIL HAY JUNE JUL'+ AUGUST SEPTEMBER OCTOBER TOTAL Lttl Thotoson Runout Block 2.955.2 769.5 650.0 4.375.0 TOTAL - LITTLE THOMPSON RI 2.955.2 769.3 0.4 6541.0 0.0 0.0 0.0 4.375.4 Broarnood/Reed/Adats:Hallett 6.6 6.0 Cathev C H 2.6 2.6 Edds 6 C 6.I 4.1 Fellows C C 0.0 Hertha (handy) 540.6 546.6 Ideal Basic Ind (Loukenon) 96.0 113.0 203.0 Laochli H A 2.0 0.3 3.6 1I.4 L5notont. City 5f £via 3o s) 363.6 463.3 420.0 1.247.4 Lt1 Thospson VD (Inc H Carter) 419.3 3328.7 366.1 1.114,6 Parrish j 1.6 2.9 1.1 5.6 Polonchak V H 4.6 Stied R - Uallaoiuer L 0.0 Suppl» 116.2 1,6.2 Heese7Grcteclose 6.3 4.6 4. Wilson D S (1.0 TOTAL - ST 'MASH SUP CANAL 1.44.3.2 836.5 0.0 927.6 0.6 0.0 0.0 3.256.3 TINMEn SUMMER MATER DELIVERIES FOR YEAR -- 1936 POSE 5 DITCH AHD DELIVERY POINT APRIL MAV JUNE JuLC AUGUST SEPTEMBER, OCTOBER TOTAL • St- Grain Ry Runout Block 1.099,3 1.950,2 4.130.0 7.180.0 TOTAL - ST VPAIN RIVER 1.09.9 1.950.2 0,0 4.130.0 0.0 0.0 0.0 7.150.0 Boulder Filter Plant 273.2 225.7 139.6 693.5 Lefthand Ditch Co. 120.2 230.2 400.4 Star eta TOTAL - BDULDER FEEDER CZ 278.2 345,9 0.0 469.8 0.0 0,0 0.0 1.093.9 Boulder t Lefthand 272.0 230.0 552.0 Boulder 8 Whiterock 200.0 660.0 860.0 Boulder Countrv.Club 17.6 21.7 6.3 45.6 Dr; Creek 246.0 110.0 356.0 Stoneaate Associates 0,0 TOTAL - BOULDER CP SUP CAC 17.6 739.7 0.0 1.056.3 0.0 0.0 0.0 1.313.6 SUMMER MATER DELIVERIES FOR YEAR -- 1986 PAGE 6 DITCH AND DELIVERY POINT APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER TOTAL Bldr Creek Ruuwt block 1.658.0 3.983.3 5.633.3 TOTAL - BOULDER CREEK O.0 1.650.0 0.0 3.983.8 0.6 0.0 0.0 5,633.8 TOTAL CARTER LAKE 5.794.1 6.342.1 0.0 11.216.9 0.0 0.0 0.0 23.353.1 TOTAL - QUOTA MATER 25,210.4 55.815.6 0.0 48.488.8 0.0 0.0 0.0 129,594.8 TOTAL NCH WATER 25,290.4 55,815.6 0.0 48.483.8 0.8 0.0 0.0 129,594.8 lE t�`':r� 4310-22 �� UNITED STATES 1 4 _ DEPARTMENT OF TEE INTERIOR ) NOV 1 ISSS BUREAU OF LAND MANAGEMENT i.; POWDER RIVER REGIONAL COAL TEAM. (WY 920 07 4121-10) Notice of Availability of Proposed Data Adequacy Standards for the Powder River Coal Region and an addition to the upcoming Powder River Regional Coal Team Meeting. SUMMARY: Proposed Data Adequacy Standards for the Powder River Region are available upon request beginning November 7, 1986. The public is invited to comment on these standards. In addition, the agenda for the Powder River Regional Coal Team meeting which was announced in the September 25, 1986, Federal Register is modified to add a discussion on the "District Court Decision's Relationship to the Round One Montana Leases." DATE: Public comments on the Proposed Data Adequacy Standards are requested by January 6, 1986. The discussion of the "District Court Decision's Relationship to the Round One Montana Leases" will take place during the Powder River Regional Coal Team Meeting on December 4, 1986. • 1 Gad mice 11- l9- b ADDRESS: Copies of the Proposed Data Adequacy Standards may be obtained upon. request from either Don Brabson, Powder River Project Manager, Branch of Solid Minerals, Bureau of Land Management, 2515 Warren Avenue, Cheyenne, Wyoming 32001; telephone (307) 772-2571 or (FTS) 323-2571 or Al Pierson, Powder River Resource Area Manager, Bureau of Land Management, Miles City Plaza, Miles City, Montana 59301; telephone (406) 232-7000. Comments on these Standards are to be submitted to Don Brabson at the above address. FOR FURTHER INFORMATION CONTACT: Don Brabson at the above address or telephone number. SUPPLEMENTARY INFORMATION: The Proposed Data Adequacy Standards contain recommended levels of data to be acquired prior to the leasing of delineated coal tracts. Data adequacy standards are proposed for geology, soils, hydrology, wildlife, air, cultural resources, economics and social, and land-use, within the Powder River Coal Region. This effort was prepared by a multidesciplinary task force composed of Federal and State resource specialists. This task force was appointed and guided by the Powder River Regional Coal Team. The preparation, with public input, of regional data adequacy standards is consistent with Secretary of the Interior Hodel's recent decisions to supplement the Federal Coal Management Program. 2 The Regional Coal Team welcomes comments on any aspects of these staadards and is especially interest in public comments concerning the extensiveness and appropriate tiering for data adequacy standards. Of particular con=ern within the Team is whether or not the suggested level of data would be more appropriate in some cases (i.e. , soils, wildlife, hydrology, to the mine permit tier. Lastly, the Team would like public comment on whether a matrix, which typifies the kinds of data acquired during the land use planning, activity planning and mine permitting tiers, would cle:rify the Bureau's tiered approach to data collection and Federal coal management decision—making. Such a matrix could be included in the final report, if the public considers it worthwhile. During the Regional Coal Team meeting on December 4, 1986, the Team will discuss the U.S. District Court of Montana decision of October 6, 1986, in The Northern Cheyenne Tribe vs. Hodel (CV82-116-BLG-AFB) . If appropriate, the Team may develop a recommendation for compliance with this Court Order. Public input opportunities will be provided on this and all other Regional Coal Team meeting agenda items. 4 b ),!wk_ Hillary A. Ode State Director 3 UNITED STATES DEPARTMENT OF THE INTERIOR POSTAGE AND FEES PAID BUREAU OF LAND MANAGEMENT U.S. DEPARTMENT OF THE!NTEPIOR 25t5 WARREN AVENUE INT 415 us.mIUL P.O. BOX 1828 CHEYENNE,WY 82001 AN EQUAL OPPORTUNITY EMPLOYER OFFiC!AL BUSINESS PENALTY FOR PRIVATE USE.$300 WELL COUNTY COUNTY COMMISSIONER BOX 75S GREELEY CO 80632 or CERTIFICATE OF INSU INcE ' ': I 11-11-8_5 PRODUCER THIS CERTIFICATE IS ISSUED AS A MA^.ER OF INFORMATION CNLY AND CONFERS Corp. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, Federated Rural Electric Insurance \.o I EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES SELOW. P. O. Box 15147 COMPANIES AFFORDING COVERAGE Shawnee Mission, Kansas 66215 1 800 5 8360 COMPANY A -OW- OPO W ; LETTER Federated Rural Electric Insra ce Corporation I COMPANY INSURED - 'LErrE.R BI r:< ,..: 7_. ...,.. COMPANY h ,�� Union County Electric Cooperative, Inc. LETTER n ? .r P.O. Box 459 COMPANY D Elk Point, South Dakota 57025 -E-TER NOV Sg$E COMPANY = _ ,C - __ 'I_- .....a. -0 t = 5 1 , A ","'7T"�"_'-L 7. SJV'G.L "ST- -y,E. , THIS:SIG CERTIFY THAT POLICIES OF INSURANCE LISTEBBELOW HAVE SEEN ISSUED TO THE INSURED NAMED ".DOVE:cop.T:HE?OLIO ;EAICJ:ADtCAT .7- NOTWITHSTANDING ANY 'EQUIF,E .E\ .TERM CR CONDITION OR ANY CONTRACT OP OTHER DOCUMENT WITH HESPECT TO'Ni CH TH. CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES- 801 CO _.T P t x_: N -LAB 'MTS IN THOUSANDS CO TYPE OF INSURANCE POLICY NUMBER E Yi[�cH'f; dY.:10:7G - aCN LTR ; OCOu?R�nGc n3G.^ECn'- GENERAL LIABILITY I 90 _y X 1 COMPREHENSIVE FORM N.;cRY S $ X ( PR MISE90PERATICNS j PROPERTYX EXPLOSION&COLLAPSE H'L�RB :04VFGE '5 S X PROOUCTS/COMPLETED OPERATIONS I 40 ABB 009 11-1-86 11-1-87 X I CONTRACT-UAL a E PO c MCINE> S 1,000 8 1,000 X INDEPENDENT CONTRACTORS ' X ' BROAD FORM PROPERTY DAMAGE I1{ 1 PERSONA INJURY PERSONAL:7,:URY S 1,) I AUTOMOBILE LIABILITY "` "• X ANY A T z ,7f?5� i:41 l '4,4'''' A_ ov,"NEC ATOS(PP' PASS; 40 ARB 009 11-1-86 11-1-87 Ec^ + 1:r- -'a ( H H ) .r_'_�' ..S �j ALL AUTOS t P4 f2 PEAN/ �_� 1 X HIRE A f POPER`v }t K NON-OWNED AUTOS DAIAGE S I �j i ;'s- b---cCDME,SE.:.S 1,000 I 1 0:f k.•}, EXCESS LIABILITY I L t:PG I UMBRELLA FO COMBIRM ISE] 8 ~; OTHER T-AN UMBRELLA FOP'[ Stec,';-0€0,WORKERS'COMPENSATIONI..: S ' A NY AND 1$ ,,:SA5 Pt.-ICY-VT EMPLOYERS' LIABILITY $ f H 'S :IS AS 3P""S_P IOTHER I S100 Deductible Property 40 ARB 009 11-1-86 11-1-87 1,046,400 Total Property DESCRIPTION OF OPERATICNSLCCATIDNSNEHICLESISPECIAL ITEMS ro ,*A'.- °' . uT "J ,'f'? , .f, ru.._. ` v >, zr! ,; } < < .: k .` ,f25 Weld County SHOULD ANY OF THE ABOVE ESCR D'O IC ES SE CANCELLED B HE EX- pRA N DATE THEREOF, HISSUING COMPANY A ENDEAVOR TO Board of County Commissioners MAIL 30 DAYS WRITTEN NO CE cEIR 'C ,-,OLDER NAMED TO THE 915 10th Street t�, _. -D,<..LS._h\arc= I,A_..V?OS_ ,CAT .,3.,.r+ C \ \�� ._ cct +NY. _..S N - , ,' Greeley, Colorado 80631 ., i - � or. CERTIFICATE OF INSURANCE n s 1113-86 PROD1iCER THIS CERTIFICATE'S ISSUED AS A MATTER OF ONLY AND CONF MO RIGHTS UPON THE CERTIFICATE HOLOER THIS CERTIFICOAN T E DOESNOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE FOLiCIE3 BELOW,_ Federated Rural Electric Insurance Corp. __ P. O. Box 15147 COMPANIES AFFORDING COVERAGE Shawnee Minion, Kansas 66215 COMPANY p Corporation I-800-356-8360 LETTER Federated Rural Electric 7nsZsax:ce __4 COMPANY �-..; n._.-,-f 1.. +t-L..;„._,,:'zj �- Lc ER a NSUREC OMPANY c ' - ✓s -:- Union Rural Electric Association, Inc. ETTER P.O. Box 929 ..cvaANv NOV 1C BriYY2on, Colorado 80601 LETTER COMPANY -1 ,.:--TER 1. .-r^• ,•{¢� THIS NOTWITHSTANDING IS TO CERTIFY THAT.G E5 REQUIREMENT.TLR TERM OR .._;STDSE' N AL SEE OE ANY N CONTRACT DOO \S D1 ' Szo-. .0 WrMS H-D:S IEFI ICRC01CF BE ISSUED OR MAY PERTH,THE INSURANCE AFFORDED BY,THE POLICIES DESCRIBED HEREIN S SUBJECT TO ALL HE V C TION$OF SUCH POLICIES. _AB;a^ -� \'S.N THO ANDS Pp 1 �;_ • PD Y.y. __c_--- ----A,.�^=WTE CO' TYPE OF INSURANCE OCL,CY\UMBER g,/D,.,rr� \, , l O R E GENERAL LIABILrTY `JLv 1 ,�'. LO 4PR M1SUc FORM PPUPER-m, $ S X I UNOE SrynpcaA'IOti5 I �X I (.° SON&COLLAPSE HAZARD �c e°E� $ 1,000 iS 1,000 X , CON^ T OMPLc G OPPRA C\S !I 1-1-86 1 1-1-87 X,, CONTRACTUAL � S ARE 005 IINDEPENDENT CON RACTORS f �X SROA FORM PROPERTY 3A"1.ASE PERSONAL :\,;URY S 1,000 ]C Pi:RSu1 A '1N:;URY • O I lll" 1 a . j.S V tie I AUTOMOBILE LIABILITY '_ " X ANY rn ,w.Y 4 S I OWNED AUTOS(Pa V. Pp 1-1-86 1-1-87 e�_" �, .3 JJT "-HA\ 5 4RB 005 li ,+1 O,1"\Eu ALTOS l PR\.Pir"� DAMAEF-Y'!S. R; DAMAGE —� .X'HIRED uCS X I v01 w c0 AUT05 e'tz 1,000 a:,..e rc S ', oA c'. .,AB:L.N a A Po $ 6000 .S 6>6,000I EXCESS LIABILITY 1-1-86 1-1-87 `.cOv�,ED,.. XUMBRELLA EDAM5 BIM 005 7 OTHER THAN UMBRELLA ETRV I , ' NTAT.cro.2Y ,l' ".1_ • o WORKERS: COMPENSATION DS .,� PC CY n C AND ' S S - ...EV=_DY EI EMPLOYERS' UABILRY V OTHER GESCR.P ;O>+CT O. ERA ;ON9'LCCA :G\SNE _ESiS'EOW' ..?EMS Nared as additional insured: weld County, CO- r� 1 - _ j.l.-.•, pi„ PCLC S NC' • BEFORE-H ieo - ._.yC ✓-, ✓ _...._a-Cv F!r HOLD ANY OF f ABOVE SC. S AVO x' E4 O SS NG COMPANY Weld County, Colorado ,j� 'IRA DA -70 BSc C�.AM _r`ME R TO SS10ne.S of the `?� -Er- AI C ,10 OT SN :AROSE Oc2_ C\CE. c10 The Board of County Comm - R. \ c County of Weld \Y_ND N ThE O\^t•Nv c AGENTS 915 Tenth Street -- - ��:•� Greeley, Colorado 80631 — II-1986 AGENDA WELD COUNTY UTILITIES COORDINATING CO}IMITTEE Thursday — November 20, 1986 10:00 a.m. - Room 316 Utility Board Coordinating Committee Members are reminded that you are to contact BOBBIE GOOD at 356-4000, Extension 4400, if zaa can or cannot attend the meeting.. * * * * * * ft * * * * * * * * * * * * * * * * * * * * * * * * * * * 1. CASE NUMBER: S-270:86:15 APPLICANT: Pherd Himmel (Ken Lind) REQUEST: Planned Unit Development Final Plan LEGAL DESCRIPTION: Part of the SE} of Section 9, T6N, R67W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 500 feet north of Windsor City Limits; north of Weld county Road 70 and west of Weld County Road 19 2. CASE NUMBER: S-271:86:16 APPLICANT: Southeast Weld Fire Protection District REQUEST: A replat of lots 1-5 and lot 5 and 6, Block 5, all in the unincorporated town of Roggen LEGAL DESCRIPTION: Lots 1-5 and Lots 5 and 6, Block 5, unincorporated town of Roggen LOCATION: South of Highway 76 and east of Knox Street edMrc i;-r4•Y6 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOVEMBER 19, 1986 TAPE #86-76 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, November 19, 1986, 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 Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Weld County Attorney, Thomas 0. David Acting Clerk to the Board, Tommie Antuna MINUTES: Commissioner Lacy moved to approve the minutes of the Bearr. of County Commissioners meeting of November 17, 1986, as printed. Commissioner Brantner seconded the motion and it carried unanimously. ADDITIONS: Chairman Johnson added as Item $1 under Bids - Present and Approve two IBM 3380 Disk Drives - Computer Services. CONSENT AGENDA: Commissioner Brantner amended the consent agenda to include the Island Grove Park Advisory Board meeting to be held November 20, 1986, at 3:30 P.M. Commissioner Kirby moved to approve the consent agenda as amended. Commissioner Lacy seconded the motion and it carried unanimously. DEPARTMENT HEADS AND ELECTED OFFICIALS: Drew Scheltinga, Engineering Director, reported that the 1986 construction projects have been completed. He said the total amount for the completion of these projects was $491,811.14, which is under the amount originally anticipated. Mx. Scheltinga concluded his report by commenting on the Federal and State bridge grants for 1986. George Goodell, Director of Road and Bridge, gave a report on the Trucking, Mining, and Bridge Divisions of his department. He said 80 new culverts have been installed and 181 have been repaired by Maintenance-Support. Mr. Goodell commented on several special projects which are now being undertaken by Maintenance. He concluded his report by saying that a lighting system has been installed in their parking lot, and heating plugs are being installed for the equipment. L �� WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $65,475.69 Payroll 26,004.76 Social Services 4,045.61 Handwritten warrants: Payroll 4,008.19 Commissioner Lacy moved to approve the warrants as presented by Mr. Warden. Commissioner Brantner seconded the motion which carried unanimously. BIDS: PRESENT AND APPROVE TWO IBM 3380 DISK DRIVES - COMPUTER SERVICES: Bette Rhoden, Director of Purchasing, said 20 bids had been received on these items; therefore, she would not read them into the record. She said a list of the names of the bidders and the amount bid by each was given to the Clerk to the Board's Office to be made of record. Bob Rhinesmith, Director of Information Services, recommended that the bid for Model AA4, in the amount of $20,509.00, be awarded to Bell Atlantic Systems, of Phoenix, Arizona; and the bid on Model B04, be awarded to CIS Corporation, of San Francisco, California, in the amount of $23,350.00. Commissioner Brantner moved to accept the recommendation in total. The motion was seconded by Commissioner Kirby and carried unanimously. BUSINESS: OLD: CONSIDER RESOLUTION RE: SUSPENSION OF OPERATIONS ON UNECONOMICAL OIL AND GAS WELLS (CONT. FROM 10/8/86) : Tom David, County Attorney, said this Resolution will allow the Board to grant operators of oil and gas wells on County leaseholds to temporarily suspend operation on those wells which the operators determine are uneconomical to produce. Mr. David explained the criteria to be followed by the operators when requesting a suspension of operations. Following discussion, Commissioner Brantner moved to approve the Resolution concerning suspension of operations on uneconomical oil and gas wells. Commissioner Lacy seconded the motion and it carried unanimously. NEW: CONSIDER RESOLUTION RE: ESTABLISHMENT OF NEW CONDITIONS TO MINERAL LEASING POLICY: Don Warden explained the changes which are being made to the existing policy, which has been in effect since December 19, 1984. Commissioner Brantner moved to approve this Resolution. The motion, which was seconded by Commissioner Kirby, carried unanimously. A CONSIDER RESOLUTION RE: CANCELLATION OF SOCIAL SERVICES WARRANTS FOR OCTOBER, IN AMOUNT OF $9,233.17: Commissioner Brantner moved to approve this Resolution. Seconded by Commissioner Lacy, the motion carried unanimously. CONSIDER DISBURSEMENT OF MONIES FOR VETERANS SERVICE FOR OCTOBER: Commissioner Brantner moved to approve the disbursement of monies for the Veterans Service for October. Commissioner Kirby seconded the motion which carried unanimously. CONSIDER LEAP VENDOR AvREEMENTS AND AUTHORIZE CHAIRMAN TO SIGN: Jim Sheehan, Housing Authority Director, said there are 16 Vendor Agreements. Commissioner Brantner moved to approve the LEAP Vendor Agreements and authorize the Chairman to sign. The motion was seconded by Commissioner Lacy and carried unanimously. Minutes - November 19, 1986 Page 2 SET HEARING DATE CONCERNING EXTENSION OF TERMINATION DATE OF WEED DISTRICTS: Bruce Barker, Assistant County Attorney, explained this item to the Board, saying five districts are requesting extension of their termination dates. He said, pursuant to State statute, the Board has the authority to extend the termination date for a weed district. Commissioner Lacy moved to set the hearing date as December 8, 1986, at or about 9:30 A,M., to consider the extension of the termination dates for New Raymer—Stoneham; St. Vrain; Johnstown; Windsor- Severance; and Milliken-La Salle-Kersey Pest Control Districts and direct the Clerk to the Board to have a Notice of said hearing published. The motion, which was seconded by Commissioner Kirby, carried unanimously. CONSIDER GAS DIVISION ORDER FROM MGF OIL CORPORATION ON Ni, 532, T4N, R61W AND AUTHORIZE CHAIRMAN TO SIGN: Mr. David said his office had reviewed this document and found it to be in order. Commissioner Brantner moved to approve this Gas Division Order from MGF Oil Corporation. Commissioner Lacy seconded the motion and it carried unanimously. Let the record reflect that Lee Morrison, Assistant County Attorney, is now present replacing Mr. David. CONSIDER RESOLUTION RE: FEALTY' INSURANCE BENEFIT HOLIDAY: Mr. Warden explained that this Resolution concerns the refund to be paid to those employees paying dependent health coverage for 1986. Commissioner Lacy moved to approve the Resolution concerning the health insurance benefit holiday. The motion was seconded by Commissioner Kirby and it carried unanimously. CONSIDER RESOLUTION RE: ACCEPTANCE OF KIOWA DRIVE FOR PARTIAL MAINTENANCE: Mr. Morrison presented this matter to the Board, saying that the Engineering Department has reviewed this request and recommends acceptance. Commissioner Lacy moved to approve this Resolution. Commissioner Brantner seconded the motion which carried unanimously. Commissioner Kirby asked to be excused from the meetings of November 24 and 26. It was the consensus of the Board to grant this request. PLANNING: PRELIMINARY PLAN FOR WILMAR SUBDIVISION - OASE: Debbie de Besche, representing the Planning Department, submitted the following documents concerning this matter to the Board: 1) the criteria to be considered for a preliminary plan; 2) a letter from Rocky Mountain Consultants regarding changes in the staff's original recommendation; and 3) the staff's recommended changes. She then read the unfavorable recommendation of the Planning Commission into the record. Ms. de Besche said the Planning staff recommends approval and stated the reasons. Jennifer Rodriguez, Planning Consultant with Rocky Mountain Consultants, came forward to make a presentation for Martin and Wilma Case, the applicants. Ms. Rodriguez said the project does comply with the criteria established in the County's subdivision regulations and the Zoning Ordinance. She said the use of the property was established in 1982, when a Change of Zone, from Agricultural to 1-3, was granted by Resolution of the Board. Additional documents were submitted to the Board by Ms. Rodriguez. There was discussion concerning changes to the 10 conditions, which were recommended by the Planning staff, specifically 46, concerning installation of fire hydrants; 47, concerning the water main; and the addition of #11, concerning a Soil Erosion Control Plan. Wes Potter, representing the Health Department, came forward to answer questions of the Board. He said, with the reduction in the number of lots from 19 to 13, the Health Minutes - November 19, 1986 Page 3 Department has no objection to the proposed sewage disposal system. Commissioner Kirby stated that septic permits for each of these lots will be applied for individually, to be reviewed by the County Health Department, and a recommendation will be submitted to the State Board of Health where the final decision for approval or denial will be made. There was no public testimony offered concerning this matter.. Commissioner Lacy moved to approve the preliminary plan for Wilmer Subdivision submitted by Martin and Wilma Oast, including the conditions as recommended to the Planning Commission by the Planning staff. The motion was seconded by Commissioner Brantner. Commissioner Virby moved to approve the amendments to Conditions #6 and #7 and to add Condition F11 as recommended by the Planning staff. Commissioner Breather seconded the motion and it carried unanimously. The motion to approve said plan, with the amended conditions, 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 10:00 A.M. �'J • APPROVED: ATTEST: ' " 1 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder , • \\ . e�ma p and Clerk to the Boar/fl Ja• quel : =on C.airman 3 / Cie-4-7c eputy County C rk y, '"!'fm Gene R. Brantner EXCUSED DATE OF SIGNING C.W. Ki y Fr Yamaguch�� Minutes - November 19, 1986 Page 4 BID REQUEST NO. 051-86 FOR: TWO (2) IBM 3380 DISK DRIVES/COMPUTER SERVICES DEPARTMENT The following bids are to be presented on Wednesday, November 19, 1986 and to be considered for approval on Wednesday, November 19, 1986 due to an emergency. IBM 3380 IBM 3380 BIDDERS DELIVERY MODEL AA4 MODEL 604 TOTAL PRICE Randolph Computer Corporation 7 days ARO Was not broken down for S 45,500.00 Greenwich, CT 06830 each item Iik/Phoenix, Bell Al AZ 8Syst Atlantic Systems 12-09-86 $20,509.00 $25,035.00 $ 45,544.00 Thomas Nationwide Computer 12-10-86 $20,900.00* $24,900.00** $ 45,800.00 Corporation Woodbury, NY 11797 Marshall Lewis & Associates 12-10-86 $21,500.00 $24,500.00 $ 46,000.00 Santa Ana, CA 92799-7309 IPS 12-10-86 $22,620.00 $24,320.00 $ 46,940.00 Paramus, New Jersey 07652 Neptune Computer Group, Inc. 12-05-86 $22,000.00 $25,000.00 $ 47,000.00 Phoenix, AZ 85021 National Computer Equipment Co. 12-10-86 $21,689.00 $25,589.00*** $ 47,278.00 St. Claire Shores, MI 48081 InCon Computer Co 30 days ARO $21,978.00 $25,473.00 $ 47,451.00 St. Claire Shores, MI 48081 CIS Corporation 30 days ARO $24,770.00 $23,350.00 $ 48,120.00 San Francisco, CA 94133 Phoenix Computer Group, Inc. 15 days AR0 $23,171.00 $25,284.00 $ 48,455.00 Scottsdale, AZ 85251 Ocean Computers, Inc. 12-10-86 $23,000.00 $25,500.00 $ 48,500.00 Playa del Rey, CA 90293 Hartford Computer Group, Inc. 12-19-86 $22,979.00 $25,888.00 $ 48,867.00 Inverness, IL 60067 * $650.00 Freight ^ ** $550.00 Freight °PI *** If purchased together, $47,128.00 4 %' fit, BID REQUEST NO. 051-86 Page 2 IBM 3380 IBM 3380 BIDDERS DELIVERY MODEL AA4 MODEL B04 TOTAL PRICE Frank Orlando Jr. & Co. 12-10-86 $21,500.00 $27,700.00 $ 49,200.00 Arlington Heights, IL 60005 CMI Corporation 12-10-86 $23,700.00 $25,750.00 $ 49,450.00 Laguna Hills, CA 92653 Computer Atlanta, Inc. 12-10-86 $23,925.00 $26,075.00 $ 50,000.00 Marietta, Georgia 30067 Datasery Equipment, Inc. 12-10-86 $24,000.00 $26,500.00 $ 50,500.00 Eden Prairie, MN 55344-7399 Computer Merchants Inc. 12-05-86 $24,125.00 $26,825.00 $ 50,950.00 Chappaqua, New York 10514 Coastal Computer Marketing 12-09-86 $24,780.00 $27,180.00 $ 51,960.00 Encino, CA 91436 IBL Corporation Immediately $26,000.00 $27,500.00 $ 53,500.00 San Francisco, CA 94111 Camelback Computer .12-10-86 $23,998.00 $31,793.00 $ 55,791.00 Investors Walnut Creek, CA 94596 RECORD OF PROCEEDINGS AGENDA Monday, November 24, 1986 Tape #86-76 ROLL CALL: Jacqueline Johnson, Chairman Gordon E. Lacy, Pro-Tem Gene R. Brantner C.W. Kirby Frank Yamaguchi MINUTES: Approval of minutes of November 19, 1986 ADDITIONS TO AGENDA: Item Gl0 under New Business: Consider Resolution re: Certification of 1986 Levies and Revenue APPROVAL OF CONSENT AGENDA: COMMISSIONER COORDINATOR 1) Communication Services — Brantner REPORTS: 2) Engineering Services - Lacy 3) Health Services - Yamaguchi 4) Planning Services - Kirby 5) Purchasing & Personnel - Johnson COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BUSINESS: OLD: NEW: 1) Consider renewal request for 3.2% Beer License from Winny Enterprises, Inc., dba Pizza Fut 2) Consider 1987 Dance License for John Sipres, dba Sipres' Lounge 3) Consider Assignment of various Oil & Gas Leases from Fairway Energy Corporation to Faucher Oil Company 4) Consider Resolution re: Cash Rental Lease with Gene Wagner concerning rental of portion of Koenig Farm and authorize Chairman to sign 5) Consider Resolution re: Declare certain equipment as surplus property and authorize Contract to Auction 6) Consider Resolution re: Appointment of interim Director for Ambulance Service 7) Consider Resolution re: Appointments to Area Agency on Aging 8) Consider documents concerning Airport Authority and Johnson & Johnson Lease and authorize Chairman to sign 9) Consider request from Nelson Engineers, on behalf of St. Vrain Sanitation District, to pre-advertise Use by Special Review CONSENT AGENDA APPOINTMENTS: Nov 24 - Work Session 1:30 PM Nov 24 - NCMC Board of Trustees 4:00 PM Nov 25 - Health Board 9:00 AM Nov 25 - Housing Authority 11:30 AM Nov 25 - Communications Advisory Board 2:00 PM Nov 25 - Planning Commission Comprehensive Plan hearing 7:00 PM Nov 27 - HOLIDAY Nov 28 - HOLIDAY Dec 1 - Work Session 1:30 PM Dec 1 - Work Session with municipalities 2:30 PM Dec 2 - Planning Commission 1 :30 PM HEARINGS: Dec 1 - Service Plan, Pine Lake Sanitation District (cont. from 11/12/86) 10:00 AM Dec 8 - Extension of termination date, various weed districts 9:30 AM Dec 10 - Weld County Comprehensive Plan 10:00 AM Dec 10 - Final apportionment of costs, Antelope Hills Improvement District 2:CC FM Dec 10 - USR, Agricultural service establishment, Monfort of Colorado 2:00 PM Dec 17 - USR, Natural gas liquid extraction facility, Diversified Operating Corporation (cont. from 11/12/86) 2:00 PM Dec 17 - USR, Wastewater treatment facility for B & B Smith Mobile Home & RV Park, Orville W. & Billie J. Smith (Site application will be heard following this hearing) 2:00 PM REPORTS: COMMUNICATIONS: 1) Nuclear Regulatory Commission IE Info. Notice #86-94 2) Board of Adjustment minutes of November 13 3) Dept. of Highways Newsletter 686-47 4) Thoro System Products, Inc. - Warranty concerning concrete repair of Centennial plaza 5) Notice of Partition of Real Property and Complaint - Poppert & Vogel vs. Kerbs PLANNING STAFF 1) Amended RE #494 - Alm APPROVALS: 2) RE #944 - Wolf 3) RE #947 - Pohlman 4) RE #948 - Bernhardt 5) RE #949 - Weinmeister 6) RE #950 - Alm 7) ZPMR #1236 - Kubo RESOLUTIONS: * 1) Approve LEAP Vendor Agreements * 2) Set hearing date concerning extension of termination date of weed districts * 3) Approve Gas Division Order from MGF Oil Corporation * 4) Approve Preliminary Plan for Wilmar Subdivision - Oase * 5) Approve Hotel/Restaurant Liquor License for Heinz Steinmann, dba Red Steer Restaurant and Lounge * 6) Approve Cash Rental Lease with Gene Wagner concerning rental of portion of Koenig Farm * 7) Approve declaring certain equipment as surplus property and authorizing Contract to Auction * 8) Approve appointment of interim Director for Ambulance Service * 9) Approve appointments to Area Agency on Aging * 10) Approve Certification of 1986 Levies and Revenue * Signed at this meeting RESOLUTION RE: APPROVE VENDOR AGREEMENTS CONCERNING LOW-INCOME ENERGY ASSISTANCE PROGRAM FOR 1986-1987 PROJECT YEAR 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, Title XXVI of the Low-Income Home Energy Assistance Act of 1981 , (P.L. 97-35) provides for Home Energy Assistance to eligible households, and WHEREAS, the Department of Social Services has presented to the Board, for its approval , agreements concerning the Low-Income Energy Assistance Program (LEAP) , for the 1986-1987 Project Year, with the following vendors: Greeley Gas Company Keyser Coal and Trucking, Inc. Agland, Inc. Van Gas Co. Empiregas, Inc. - Greeley Maddox Gas and Oil Empiregas of Brighton Weld L-P Gas Company Adams County Co-op Public Service Company of Colorado - Windsor Public Service Company of Colorado - Longmont Public Service Company of Colorado -- Ft. Lupton Public Service Company of Colorado - Louisville Public Service Company of Colorado - Greeley Public Service Company of Colorado - Brighton Public Service Company of Colorado -- Johnstown WHEREAS, after study and review, the Board deems it appropriate to approve the agreements with the aforementioned vendors, and WHEREAS, the terms and conditions are as set forth in the agreements, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the agreements between the Department of Social Services and the above listed vendors for the 1986-1987 Project Year be, and hereby are, approved. 861115 Page 2 RE: LEAP AGREEMENTS BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said agreements. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of November, A.D. , 1986. ATTEST: (j< ,, BOARD OF COUNTY COMCOLORADO WELD COUNTY, COLORADO \' 1 Weld County Jerk and Recorder • and Clerk to the Board v cqu i .e on C airman ' - �Y� Sf O77_,,,,cry �,c, A Go L `y� Tem Deputy County erk APPROVED AS TO FORM: ene R. Br ntrer EXCUSED DATE OF SIGNING - AYE C.W. Kirby County Attorney a e�� 1ie��le,� Fran Yamagu 86111_5 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Ag ement made this _ 1st day of Noveritet , 1986 by and between the Board of County Commissioners of Weld acting by and through the (County) County Department of Social Services _ and Greeley Gas Camranv _ 1200 11th Avenue Greeley, Co 8.0632 (Vendor name and address) (hereinafter referred to as vendor). WHEREAS, Title XXVI of the Low—Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. • NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non—Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non—bulk fuel includes natural gas and electricity. e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil. . f. "Primary Heating source" is the main type of fuel used to provide the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. f.- t ~ a Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the • primary heating source. i . "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home -Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1985 through April 30, 1986 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required' to supply actual home heating costs for the period of November 1. 1985 through April 30, 1986. k. "Program Year" means from November 1, 1986 to April 30, 1987. I. "Eligibility Period" There are two eligibility periods during the • program year. The first eligibility period is November 1, 1986 through January 31, 1987. The second eligibility period is February 1, 1987 through April 30, 1987. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. II. Responsibilities of the Vendor: • a. . The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; F` • Page 3 • a 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; • 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will: a) continue services, deliver fuel or restore services, whichever is applicable, to the Household. b) not terminate utility services for at least sixty (60) days after such notification. The provisions of a) and b) above are applicable regardless of the amount of the Household's arrearage, the amount the Low-Income Energy Assistance Program benefit,• or the household's payment history, including the Household's failure to abide by an earlier payment agreement. The Vendor may not refuse to restore service to an Eligible Household because there is an arrearage or a broken payment agreement; c) shall make a good faith effort to establish or re—establish an installment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut-off situation at any time during the eligibility period. B. The Vendor will not terminate utility services of a Household approved for the Basic program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or - b) the Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. Page 4 9. The Vendor will not terminate utility'tervices of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the tip vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. • 11 . (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13 . Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 411 14. Upon notification by the County Department, when a Household moves or no longer uses the originally approved Vendor, the Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of 'an Eligible Household, excluding any deposits made by the Household) to the County Department; 15. The vendor shall refund any credit balances to the Eligible Household after May 31, 1987 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to tha amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the,County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household and. the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1987; Sn r; • • Page 5 19. All other requirements of Federal and State laws and regulations shall be adhered to; • 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low—Income Energy Assistance Program. 21. (Not applicable -to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low—Income Energy Assistance Programs as well as payments to be made directly by the Household. 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show Lhe amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years • following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of .this Agreement by the Vendor. 23 . The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1986 through April 30, 1987 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1986 through April 30, 1987, the County Department shall make any payments to the Eligible Household (not the Vendor), unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year's service, skips in service, or other • reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. Non—compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. Page 6 • - III. County Responsibilities III a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement-. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be November 7 , 1986 through September 30, 1987. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all- records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. f. If the Vendor has provided 60 days of continuous service in accordance with provision 7(b) of this Agreement, and the Household moves and is no longer served by the Vendor, the period's payment will be made to the Vendor, unless the Household owes no balance on the Vendor's account. ^FUEL VENOQR2/� � CHAIRMAN, COUNTY OP9tISSTONERS • Signature S gnat re R.B. Hillman Vice-President-Manager JACQUELINE JOHNSON, CHAIRMAN Name and Title (Printed or Typed) Name and Title Greeley Gas Company P.O. BOX 758 . illiCompany or Business Name Address Greeley 80632 GREELEY, CO, 80632 CITY c� �/ zipcode CITY peed: a lb 6 11/19/86 /� �1 .� DATE V DA fE ��T %i,... MD _A. puty County C rk LOLL-TNC0ME'ENERGY'ASSISTANCE'PR0GRAH. (LEAP) • VENDOR AGREEMENT • • s \ment made'thia {{ ca . r day • • of (9c b�a^ , ;986 by and between the card of County Commissioners of G pfd . acting by and through the • . (County) unty Dep rtment of Social Services nd ter v._1 r' U cE sil .2.07c n t / ST<. �ree G (Vendor name and address). hereinafter referred to •as. Vendor). WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry • out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. Now, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied • for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to Cthe Vendor, on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non—Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by • • the utility company. Normally, non—bulk fuel includes natural gas and electricity, e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil, • f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence, - g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. t u j • L. ' -- : � I'. , -.µ•'•0'94j +-.c `�j2,tiSr� 4 -: t•TZT- G.> ` Paget R �aY r ti 1 a-o h "Supportive Fuel Source" is a.type ofcfuel necessary to operate the } primary heating source. i. fl -' is .' "Home Heating Costs" are charges directly related to the primary , heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are ,the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th). Such costs shall not include payment arrearages, investigative charges. reconnection fees, or other such charges not related to fuel prices- and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1985 through April 30, 1986 for the household's current primary residence. Vendors serving applicant households for .primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1985 through April 30, 1986. k. "Program Year" means from November 1, 1986 to April S0, 1987. I. . "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1986 through January 31, 1987. The second eligibility period is C • February 1, 1987 through April 30, 1987. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. II. Responsibilities of the Vendor: a. . The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference-between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible ; Household on whose behalf payments are made; p 4 Page 3 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a . payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor -will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will: a) continue services, deliver fuel or. restore services, whichever is applicable, to the Household. b) not terminate utility services for at least sixty (60) days after such notification. The provisions of a) and b) above are applicable - regardless of the amount of the Household's arrearage, the amount the Low—Income Energy Assistance Program benefit, or the household's payment history, including the Household's failure to abide by an earlier payment agreement. The Vendor may not refuse to restore service to an . Eligible Household because there is an arrearage or a broken payment agreement; c) shall make a good faith effort to establish or re—establish an installment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut-off situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic program payment more • than' sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or . . b) the Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. • Page 4 9. The Vendor will not- terminate utility'services of a household approved for the Basic Program payment throughout the time the household'remains eligible if the household presents to the vendor a'medical certificate signed by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. 11. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be . returned within ten (10) working days to the County Department; C 14. Upon notification by the County Department, when a Household moves or no longer uses the originally approved Vendor, the Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of'an Eligible Household, excluding any deposits made by the Household) to the County Department; 15. The vendor shall refund any credit balances to the Eligible Household after May 31, 1987 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (.up to the amount paid on 'behalf of an Eligible Household excluding any deposits made by the Household) -will be returned to the County Department within ten (10) working days; 17. . All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household -and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1987; • • • -Page 5 'e r n _ .vc �yyY _ • .. •:l ,?j�i ` r r"pi ry -�'' `'%a4°Z�YR'fr ie y" t �'7'1 19. All'other requirements of Federal and-State laws and regulations • shall be adhered to; C 20. All customer households subject to utility shut-off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low-Income Energy Assistance Program. 21. (Not applicable-to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low—Income Energy Assistance Programs as well as payments to be made directly by the Household. • 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, auditor other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23 . The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1986 through April 30, 1987 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1986 through April 30, 1987, the County Department shall make any payments to the Eligible Household (not the Vendor), unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year's service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement .if estimates are found to be inaccurate-or inappropriate. 24. Non—compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination • shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. R ' Lee v - IXI. County Responsibilities a. • 7h tCounty Department ,shall promptly 'advise':;the Vendor in writing of-the.--± name :address, account number, if any, and amount of payment for eachEligible'Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. • c. The County Department shall make timely payments to the Vendor for Home Energy_ supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be through September 30, 1987. b. This Agreement is subject to and contingent-upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. • c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by. certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. • e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all-records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc., required by law for the provision of services hereunder. f. If the Vendor has provided 60 days of continuous service in accordance with provision 7(b) of this. Agreement, and the Household moves and is no longer served by the Vendor, the period's payment will be made to the Vendor; unless the Household owes no balance on the Vendor's account. �p�rppD1l��lF_`U`ELL VENDOR ^� CHAIRMAN,'`, `CO.UN-TY COMMISSIONERS Signature i/ �/ atna�u (\7 yy'� (J SC gna re "h4°b`E I fey, v 1. _ Jacqueline Johnson, Chairman Name and-TithrtPrinted or Typed) Name and Title ' 2 (C43.tr ad,t �rv. t 14 � ;ft. P.O. Box 758 • Comp nyor Business Name / Address gree /� a BD 63I Greeley, CO 80632 CITY p zipcode CITY zipcode fa-1 _o 4, 11/19/86 ` - ATt T: DATE - DATE 11 66 • eputy County lerk n/ f LOW-INCOME 'ENERGY 'ASSISTANCE PROGRAM (LEAP) •' VENDOR AGREEMENT • ment made this 7 day of ec-'r , 198 E by and between the 1cp card of County Commissioners of acting by and through the 1,983 ��1 _ . • (County) ounty Deparp ent of Social Services -- nd j. Az m a - S? L/9%Or. (Vendor name and address) hereinafter referred to •as_Vendor). WHEREAS, Title XXVI of the Low—Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been - C notified by the County Department that payment will be made to the Vendor on behalf of the Household. • b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social services. d. "Non—Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by ' the utility company. Normally, non—bulk fuel includes natural gas and electricity. • e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the - household to be used as needed Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil. - - f. "Primary Heating Source" is the main type of fuel used to provide the majority of the• heat to the residence. . g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. Page h "Supportive"Fuel Source"'is a-type of .fuel necessary to.operate the _ primary heating source is P -. ' - 1' '" - "Homo"}ieating Costs" are charges directly related to the primary . • . .heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are ,the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th). Such costs shall not include payment arrearages, 'investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated hope heating costs for an applicant household shall consist of the total.actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1985 through April 30, 1986 for the household's current primary residence. Vendors serving applicant households for •primary .and/or secondary fuels are required#to supply actual home heating costs for the period of November 1, 1985 through April 30, i986. k. "Program Year" means from November 1, 1986 to April 30, 1987. 1. . "Eligibility Period" There are two eligibility periods during' the program year. The first eligibility period is November 1, 1986 through January 31, -1987. The second eligibility period is February 1, 1987 through April 30, 1987. - • m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. • ' II. Responsibilities of the Vendor: a. . The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference-between the actual cost of the Home Energy arid' the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be - treated adversely because of such. assistance under applicable provisions of State law or public regulatory requirements; C 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; Page 3 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a . payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing tt no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor -will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will: a) continue services, deliver fuel or, restore services, whichever is applicable, to the Household, b) not terminate utility services for at least sixty (60) days after such notification. The provisions of a) and b) above are applicable regardless of the amount of the Household's arrearage, the' amount the Low—Income Energy Assistance Program benefit, or the household's payment history, including the Household's failure to abide by an earlier payment agreement. The Vendor may not refuse to restore service to an Eligible Household because there is an arrearage or a broken payment agreement; c) shall make a good faith effort to establish or re—establish an installment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut—off situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic program payment more than- sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or . b) the Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. • r�r, •. Page 4 9. The Vendor will not- terrminate utility- Cervices of a household approved for the Basic Program payment throughout the time the household'remains eligible if the household presents to the vendor 'amedical certificate signed' by a licensed physician or health practitioner acting under a physician's authority stating that termination of 'service would be especially dangerous to the health and safety of any approved household member. ' 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. 11. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. _ 12. The Vendor shall maintain confidentiality of i.nfarr Lion provided blithe County Department about a Housyh-•id's benefit in accordance with applicable Federal and $Cate laws; ' 13. Any payments which twine': be credited to an account shall be returned within ten (10) working days to the County Department; C 14. Upon notif.ravion by the County Department, when a Household moves or r._ __.iger uses the originally approved Vendor, the Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of'an Eligible Household, excluding any deposits made by the Household) to the County Department; 15. The vendor shall refund any credit balances to the Eligible Household after May 31, 1987 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on-behalf- of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. . All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household 'and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1987; • s ' Page S " • -- 19.x' All'other requirements of Federal and State laws and regulations - shall be adhered to, • 20. All customer households subject to utility shut-off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low-Income Energy Assistance Program. 21. (Not applicable-to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the _ Household by the Low-Income Energy Assistance Programs as well ash payments to be made directly by the Household. • 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this C. Agreement by the Vendor. 23 . The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1986 through April 30, 1987 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1986 through April 30, 1987, the County Department shall make any payments to the Eligible Household (not the Vendor), unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year's service, skips in service, or other - reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement -if estimates are found to be inaccurate'or inappropriate. 24. Non—compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including Cinvestigation or prosecution of fraud in connection with this agreement. • R i • :Page,6t ha III. County Responsibilities . . a. ThcCounty Department:-shall:promptly advise the Vendor in writing of-the,:. namel-address, 'account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home • Energy supplied in accordar:e with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this .program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be through September 30, 1987. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior • written notice to the other party sent by. certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all• records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. f. If the Vendor has provided 60 days of continuous service in accordance with provision 7(b) of this Agreement, and the Household moves and is no longer served by the Vendor, the period's payment will be made to the Vendor', unless the Household owes no balance on the Vendor's account. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS Signs e Si nat e C?A)GC ir&vr CIZLMI7dFe,✓1,6di1.- Jacqueline Johnson, Chairman Name and-Title- (Printed or Typed) Name and Title .7j-,.Li9.✓V /,vc. P.O. Box 758 Company or Business Name Address yor a `0��.- Greeley, CO 80632 CITY -' zipcode CITY zipcodo 7Ocr86 1 19 86 TIES . ..J�c.. DATE DATE 1...w.nc t r j o7 4c2 `-"rN 6" l` t/ '' r puty Counts Clerk LOW-INCOME-ENERGYYASSISTANCE'PROGRAM ,(LEAp) - VENDOR AGREEMENT iy ment made this. 19th - 'day of . November , 1986 by and between the ioard of County Commissioners of acting by and through the (County) :county Department of f Sociaa Serviceg V /7 o /v O • at, (Vendor name and address), hereinafter referred to as.Vendor). • WHEREAS, Title XXVI of the Low—Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in.accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor-ion behalf of the Household. • b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for , heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non—Sulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non—bulk fuel includes natural gas and electricity. • e. "Sulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally, bulk fuel includes • wood, propane, kerosene, coal and fuel oil. f. "Primary Heating Source" is the main type of fuel used to provide the majority of the- heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, r wood, kerosene, fuel oil or other bulk fuels. • O r - .I,-ayrrw.��ty i3f a } i iP ;;l g :•l \ Qde 2 a� ws.��. , h "Supportive Fuel Source"'is a type Of fuel necessary to operate the t:' primary heating source. i• c ,vim; i.' "Horne Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are ,the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th). Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices' and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1985 through April 30, 1986 for the household's current primary residence. Vendors serving applicant households for •primary and/or secondary fuels are requiredito supply actual home heating costs for the period of November 1, 1985 through April 30, 1986. k. "Program Year" means from November 1, 1986 to April 30, 1987, 1. . "Eligibility Period" There are two eligibility periods during the • program year. The first eligibility period is November 1, 1986 /// through January 31, 1987. The second eligibility period is February 1, 1987 through April 30, 1987. m. "Overpayment" means a household received benefits '.n excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a month .y payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. II. Responsibilities of the Vendor: • a. . The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and' the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; Page 3 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a . payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor 'will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. f the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will: a) continue services, deliver fuel or: restore services, • whichever is applicable, to the Household. Vb) not terminate utility services for at least sixty (60) days after such notification. The provisions of a) and b) above are applicable regardless of the amount of the Household's arrearage, the. amount the Low—Income Energy Assistance Program benefit, or the household's payment history, including the Household's failure to abide by an earlier payment agreement. The Vendor may not refuse to restore service to an . Eligible Household because there is an arrearage or a broken payment agreement; c) shall make a good faith effort to establish or re—establish an installment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut—off situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic program payment more • than- sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or • b) the Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. o. Page 4 9. The Vendor will not terminate utility°services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the C . vendor A medical certificate signed' by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. 11. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after • notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; - 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; C 14. Upon notification by the County Department, when a Household moves or no longer uses the originally approved Vendor, the • Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of'an Eligible Household, excluding any deposits made by the Household) to the County Department; 15. The vendor shall refund any credit balances to the Eligible Household after May 31, 1987 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on-behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. . All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household 'and the date and reason for return by the Vendor; - 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1987; r . Page 5 C' .F4 t . i r-'f\y j.^.Y.� 'J. �iYi .._A r w - -n,s 19. All other requirements of Federal 'and'Sta'te laws and regulations - - shall be adhered to; 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low—Income Energy - Assistance Program. 21. (Not applicable=to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low—Income Energy Assistance Programs as well as payments to be made directly by the Household. 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, auditor other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall. be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1986 through April 30, 1987 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1986 through April 30, 1987, the County Department shall make any payments to the Eligible Household (not the Vendor), unless the Vendor documents that such data are not available due to no meters, - broken meters, no prior year's service, skips in service, or other • • reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement .if estimates are found to be inaccurate'or inappropriate. 24. Non—compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation cr prosecution of fraud in connection with this agreement. tt� .`, III. County„Responsibilities . a. The County Department shall. promptly 'advise::the Vendor in writing of•the name .address,'account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this .program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be -'Iovember _1 1906 through September 30, 1487. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be •terminated by either party upon 30 days prior written notice to the other party sent by. certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. • e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all• records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance. etc., required by law for the provision of services hereunder. f. If the Vendor has provided 60 days mf continuous service in accordance with provision 7(b) of this Agreement, and the Household moves and is no longer served by the Vendor, the period's payment will be made to the Vendor; unless the Household owes no balance on the Vendor's account. FOE VENDOR CHAIRMAN, COUNTY OMMISSIONERS 04( Signattu / Si net e District Tanager Jacqueline Johnson, Chairman Name and-Title- (Printed or Typed) Name and Title - 73ngaS P.O. B x 750 Company or Business Name Address P.O. Sox 96 306$4 Greeley, CO 80632 CITY zipcode CITY ipcod • 11119(96 DATE DATE Teputy County Clerk a LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT • ""'- 9th October 6 pg ement made this day of , 198 by and between the Board of County Commissioners Weld of (County) County Department of Social Services and mpiregas Inc Greele . . Box ree ey, o ora o (Vendor name and address) (hereinafter referred to as vendor). WHEREAS, Title XXVI of the Low—Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance. therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor, on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non—Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non—bulk fuel includes natural gas and electricity. e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil. f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence. . g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. • C.. - • r: rf Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. is "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1985 through April 30, 1986 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required4to supply actual home heating costs for the period of November 1, 1985 through April 30, 1986. k. "Program Year" means from November 1, 1986 to April 30, 1987, 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1986 through January 31. 1987. The second eligibility period is February 1, 1987 through April 30, 1987. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. II. Responsibilities of the Vendor: a. . The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; C 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; Page 3 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will: a) continue services, deliver fuel or. restore services, whichever is applicable, to the Household. b) not terminate utility services for at least sixty (60) days after such notification. The provisions of a) and b) above are applicable regardless of the amount of the Household's arrearage, the amount the Low—Income Energy C Assistance Program benefit, or the household's payment history, including the Household's failure to abide by an earlier payment agreement. The Vendor may not refuse to restore service to an Eligible Household because there is an arrearage or a broken payment agreement; c) shall make a good faith effort to establish or re—establish an installment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut—off situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic program payment more • than' sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. •. Page 4 9. The Vendor will not terminate utility%services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. 11 . (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be • returned within ten (10) working days to the County Department; 14. Upon notification by the County Department, when a Household moves or no longer uses the originally approved Vendor, the Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of•an Eligible Household, excluding any deposits made by the Household) to the County Department; 15. The vendor shall refund any credit balances to the Eligible Household after May 31, 1987 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. . All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household 'and the date and reason for return by the Vendor; 16. All funds due to the County Department shall be returned to the County Department no later than August 15, 1987; Page 5 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shut-off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low-Income Energy Assistance Program. 21. (Not applicable=to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low—Income Energy Assistance Programs as well as payments to be made directly by the Household. 22, The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by vendor relating to this Agreement shall he available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination cf this Agreement. The State and County Department reserve the right to monitor the implementation of this • Agreement by the Vendor. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1986 through April 30, 1987 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1986 through April 30, 1987, the County Department shall make any payments to the Eligible Household (not the Vendor), unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year's service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement .if estimates are found to be inaccurate or inappropriate. 24. Non—compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. • j; eki � Page 6 Y XII. County:Responsibilities a. The County Department shall promptly 'advise::the Vendor in writing of-the. ilk name 'address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall_ notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this .program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be November 1 through September 30, 1987. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior j written notice to the other party sent by certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all- records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. f. If the Vendor has provided 60 days of continuous service in accordance with provision 7(b) of this Agreement, and the Household moves and is no longer served by the Vendor, the period's payment will be made to the Vendor; unless the Household owes no balance on the Vendor's account. i VEplB CHAIRMAN, COUNTY 5&(-4\42,71-,i )MMISS - e712 <4e) -•_e_ a,‘,N...,gnature • Si not Lowell Armfield, Mgr. Jacqueline Johnson, Chairman Name and Title (Printed or Typed) Name and Title Empiregas Inc, Greeley P.O. Box 758 • Company or Business Name Address P.O. Box x+17 Greeley, CO 80632 pcode ��,ppsspp CZTGYreeley, Colo. Zt5V042 CITY y • 11/19 86 pj�tlnq(Lr"�•�./ DATE DATE 10-9-86 � putt' County Q erk LOW-INCOME L.ERGY ASSISTANCE PROGRAM (LEAP) p y VENDOR AGREEMENT day of 0C21-0 hp 1986 by and between the Cement made this Board of County Commissioners of We, (d acting by and through the (County) ounty Departmen of Social Services nd � c-t5.- ( 9, h dye j �. c r er- ce,, 77, Co h:r0oa (Vendor name and address) (hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non—Sulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non—bulk fuel includes natural gas and electricity. e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil. f. "Primary Heating Source" is the main typa of fuel used to provide the majority of the heat to the residence. . g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. c h. "Supportive Fuel Source" is a.type'of fuel necessary to operate the ' primary heating source.' �+a • `.' i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are ,the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th). Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. • Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1985 through April 30, 1986 for the household's current primary residence. Vendors serving applicant households for 'primary and/or secondary fuels are required1to supply actual home heating costs for the period of November 1, 1985 through April 30, 1946. k. "Program Year" means from November 1, 1986 to April 30, 1987. 1. . "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1986 through January 31, 1987. The second eligibility period is • February 1, 1987 through April 30, 1987. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. ' II. Responsibilities of the Vendor: a. . The Vendor shall implement the following provisions: I. The Vendor will charge the Eligible Household, in the normal billing process, the difference-between the actual cost of the Home Energy and the' amount of the payment made by the County Department; 2. No Household receiving assistance under the program. will be treated adversely because of such: assistance under applicable provisions of State law or public regulatory requirements; C 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; • Page 3 . 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a C payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will: a) continue services, deliver fuel or, restore services, whichever is applicable, to the Household. b) not terminate utility services for at least sixty (60) days after such notification. The provisions of a) and b) above are applicable regardless of the amount of the Household's arrearage, the amount the Low—Income Energy C • Assistance Program benefit, or the household's payment history, including the Household's failure to abide by an earlier payment agreement. The Vendor may not refuse to restore service to an _ Eligible Household because there is an arrearage or a broken payment agreement; c) shall make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut-off situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic program payment more than- sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or - b) the Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the C vendor. i ,f,-,,-.- . Page 4 9. The Vendor will not terminate utility'%ervices of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. 11. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; - 13. Any payments which cannot be credited to an account shall be . returned within ten (10) working days to the County Department; 14. Upon notification by the bounty Department, when a Household C moves or no longer uses the originally approved Vendor, the Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of'an Eligible Household, excluding any deposits made by the Household) to the County Department; 15. The vendor shall refund any credit balances to the Eligible Household after May 31, 1987 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household and the date and reason for return by the vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1987; C Page 5 19. All other requirements of Federal and State laws and regulations shall be adhered to; C2O. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low—Income Energy Assistance Program. 21. (Not applicable-to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the • Household by the Low—Income Energy Assistance Programs as well as payments to be made directly by the Household. -22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1986 through April 30, 1987 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1986 through April 30, 1987, the County Department shall make any payments to the Eligible Household (not the Vendor), unless the Vendor documents that such data are not available due to no meters, • broken meters, no prior year's service, skips in service, or other • reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. Non—compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department, Such termination is in addition to all C other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. • « Page:6 III.. County-Responsibilities a. The County Department>shall promptly 'advise;lthe Vendor in writing of the. • '- name, address account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. • c. The County Department shall make timely payments to the Vendor for Home • Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a e term of this Agreement shall be 1)21.,}S-- °,7 7784 through September Sh ter b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. • c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all- records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. f. If the Vendor has provided 60 days of continuous service in accordance with provision 7(b) of this Agreement, and the Household moves and is no longer served by the Vendor, the period's payment will be made to the Vendor; unless the Household owes no balance on the Vendor's account. • FUEL VENDOR CHAIRMAN, COUNT COMMISSIONERS WOn a.,71.4Y � • \ v1MA Signature/na ^ (, S gnat e ��~T ✓ W d} T ('c/ Jacqueline Johnson, Chairman Name and Title (Printed or Typed) Name and Title 10. t3 d b h C"—as d- O i P.O. Box 758 Company or Business Name Address lMr�e YCc et-,T Coo Greeley, CO 80632 CITY ! zipcode CITY zipcode a'c n •� / � / 11/19(86 E�.�....� DATE DATE 4dr By OIL-,C.o_. tyl Deputy County`Clerk • . kAl,"a • >F tow-INCOME. ENIERGY`-ASSISTANCE PROGRAM1 ,(Lt4P) . VENDQR AGREEMENT l9th November rement made this day of ' ;'1986 by and between the ter,{ of County Commissioners of acting by and through .the . (County) ounty DepartMentiOf So i lit = r ces Ind_- 7•�1i?' y]lpargHAL2 j • (Vendor name a dress). hereinafter.referred to•as:Vendor). WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (PA- 977.3S) provides for Home Energy assistance to Eligible -- Housoholds; .and WHEREAS, the parties hereto desire Co establish an arrangement to carry {,_ out the provisions of this Act and to assure that funds _available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: ' I. The following definitions shall apply in the interpretation of this Contract: • a. "Household" or "Eligible Household" is one that has applied • for energy assistance and for whom the Vendor has been • notified by the County Department that payment will be mmde to - the Vendor, on behalf of the Household. • b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "!Non—Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by . ' the utility company. Normally, non—bulk fuel includes natural gas and electricity. e. "Bulk Fuel" is an energy source for home heating which may be • purchased in quantity from a fuel supplier and stored by the • household to be used as needed Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil.--- f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence. - Secondary Heating Source" is the type" of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. Y� r * -, _ . ��1� i�y,ti � '{ �. rrs'#-,.tt4 _✓•<6 r xl'��9Q�y"'r. er i rr! .ct r l}.�c - Jt h� ✓•.. h Supportive Fuel Source" is a.type of. fuel necessary.to operate the ,. .is- i.' ;,,: primar, heati�ng, source r -,` 4 'i'r{.'f .1' C it i a •' v ;.::t -t 1.;- ""Homo-•Heating.Costs" .are charges directly related to'the primary , ;_ tieating_saurce used-an.a residential 'dwelling.. P j , "Estimated,Home Heating Costs" are ,the amount of heating costs . • incurred during the previous heating season-to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th). Such • .costs shall -not include payment arrearages; -investigative charges, ' - reconnection 'fees, or other such charges fiat related to fuel prices and consumption levels. Estimated 'hotheheating costs for an applicant household shall consist of the total actual home heating costs for the primary • heating source, and one secondary heating source,. for the period of}( • • November 1, 1985 through April 30, 1986 for the household's current" primary residence. Vendors serving applicant households for • primary and/or secondary fuels are required to supply actual home heating costs for the-period of November 1, 1985 through April 30, 1946. k. "Program Year" means from November 1, 1986 to April 30, 1987. • 1. . "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1986 • through January 31, -1987. The second eligibility period is C.. February 1, 1987 through April 30, 1987. • m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. • n. "Good Faith Efforts" are documented attempts to reach Eligible • Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. II. Responsibilities of the Vendor: a. . The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference•between the actual cost of the - Home Energy and' the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such. assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the 1 goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; . Page 3 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a . payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing tT no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor .will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program . payment, the Vendor will: .� a) continue services, deliver fuel or.restore services, whichever is applicable, to the Household. b) not terminate utility services for at least sixty (60) days after such notification. The provisions of a) and b) above are applicable regardless of the amount of the Household's arrearage, the amount the' low—Income Energy • Assistance Program benefit, or the household's C payment history, including the Household's failure to abide by an earlier payment agreement. The Vendor may not refuse to restore service to an Eligible Household because there is an arrearage or a broken payment agreement; c) shall make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut-off situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic program payment more than- sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: . a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the Cvendor. •'• Page 4 . 9 ".The Vendor:will not terminate utility ierVices.of a household approved for the Basic Program payment throughout the time the household-remains 'eligible if the household presents. tothe - vendor a medical certificate signed.'by a licensed, physician or Cs. .health .practitioner acting under a physician's authority stating -that termination of-service would be especially dangerous to the health and safety of any approved household member: z-- 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will. returnany • payments received' subsequent to such discontinuance, en behalf of the Eligible Household, to the County Department. • 11. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. tz. The Vendor shall maintain confidentiality of information provided by'the County Department about a Household's benefit in accordance with applicable Federal and State laws; ' 13. Any payments which cannot be credited to an account shall be - returned within ten (10) working days to the County Department; C 14. Upon notification by the bounty Department, when a Household ' 'moves or no longer uses the originally approved Vendor, the • Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf' of'an Eligible Household, excluding any deposits made by the Household) to the County Department; 15. The vendor shall refund any credit balances to the Eligible Household after May 31, 1987 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (.up to the amount paid on•behalf- of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; • 17. . All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household 'and the date and reason for return by the Vendor; 1s, All funds due to the County Department shall be returned to the County Department no later than August 15, 1987; • - .��yy Page 5 19 All other requirements of rederal and State laws and regulations u' - -Shall 'be;adhered to; 2O. All customer households subject to utility shut-off or who are - financially unable to purchase fuel.shall be'provided with address ;: • • and-telephone number• information about the Low-Income Energy Assistance Program, ' 21. (Not applicable-to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to -establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the rrt Household by the Low—Income Energy Assistance Programs as well as ' payments to be made directly by the Household. 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and • accounting of funds under this Agreement. 4. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit Or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible-Household, the balance of available benefits and fuel - costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1986 through April 30, 1987 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1986 through April 30, 1987, the County Department shall make any payments to the Eligible Household (not the Vendor), unless the Vendor documents that such data are not available due to no meters, • broken meters, no prior year's service, skips in service, or other . - reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement .if estimates are found to be inaccurate'or inappropriate. 24. Non—compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination -shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this ‘+- agreement. r • ,. .- 4 ' ..7Af -s Yn .,: Page 6 " at``� ' �c w r1 III'' County. es o s' of t es a TheyCounty Department'•shall promptly advise the Vendor in writing of the41 name,".address, 'account number, if any, and amount of payment for each . Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this .program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be through September 30, 1987. b. This Agreement is subject to and contingent.upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. • c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. • e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc., required by law for the provision of services hereunder. f. If the Vendor has provided 60 days of continuous service in accordance with provision 7(b) of this Agreement, and the Household moves and is no longer served by the Vendor, the period's payment will be made to the Vendor', unless the Household owes no balance on the Vendor's account. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS � )07 �(� Sigrur SS� ?1111 cgnat re �� u Jacqueflne Johnson, Chair, Name and Title Printe or Typed) Name and Title lijA11 P.O. Box 758 Company o Business Name Address 21rt1� fT/1/nc Brighton, CO 80632 CI Y UO zipcode CITY • 'pcode �lGlo"Olo 17 (19/86 T. - DATE DATE / �,' eputy County lerk LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT C�AghQement made this ay q r4/ 191jby and between the 47, Board of County Commi ion rs of ( ouKty) acting y and through the Count qe artment of So-,{al Sad vices = ��A'� and_fY rL1� +�~ S lA c . . , (Vendor name and address) (hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low—Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry ,out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been C notified by the County Department that payment will be made to the Vendor on behalf of the Household. • b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non—Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non—bulk fuel includes natural gas and electricity. e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil. - f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence. . g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. C.. ?c �.' . . • Page 2 h. "Supportive Fuel' Source" is a type of fuel necessary to operate the primary:heati.ng source. is "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. - j . "Estimated Home Heating Costs" are ,the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, • reconnection fees, or other such charges not related to fuel priced and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1985 through April 30, 1986 for the household's current primary residence. Vendors serving applicant households for -primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1985 through April 30, 1986. k. "Program Year" means from November 1, 1986 to April 30, 1987, 1. . "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1986 through January 31, 1987. The second eligibility period is C , February 1, 1987 through April 30, 1987. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. ' II. Responsibilities of the Vendor: a. . The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the . Home Endrgy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such. assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; Page 3 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will: a) continue services, deliver fuel or restore services, whichever is applicable, to the Household. b) not terminate utility services for at least sixty (60) days after such notification. The provisions of a) and b) above are applicable regardless of the amount of the Household's arrearage, the amount the Low—Income Energy Assistance Program benefit, or the household's payment history, including the Household's failure to abide by an earlier payment agreement. The Vendor may not refuse to restore service to an Eligible Household because there is an arrearage or a broken payment agreement; c) shall make a good faith effort to establish or re—establish an installment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut—off situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic program payment more • than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the r vendor. Page 4 9. The Vendor will not terminate utility%ervices of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. _ 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. 11. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after • notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be . returned within ten (10) working days to the County Department; C 14. Upon notification by the County Department, when a Household moves or no longer uses the originally approved Vendor, the Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of'an Eligible Household, excluding any deposits made by the Household) to the County Department; 15. The vendor shall refund any credit balances to the Eligible Household after May 31, 1987 upon the Eligible Household's • request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. . All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household -and the date and reason for return by the vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1987; • l . Page 5 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low—Income Energy Assistance Program. 21. (Not applicable-to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low—Income Energy Assistance Programs as well as payments to be made directly by the Household. • 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this C. Agreement by the Vendor. 23 . The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1986 through April 30, 1987 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1986 through April 30, 1987, the County Department shall make any payments to the Eligible Household (not the Vendor), unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year's service, skips in service, or other • reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement .if estimates are found to be inaccurate or inappropriate. 24. Non—compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. fir. .. . R .. art_^ Page:6 III. County'Responsibilities a. The -County Dartment shall. promptly a epdvise`-,the Vendor in writing of-the. ' > name `.address 'account number, if any, and amount of payment for each Eligible Household. b. The County Department shall _notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for dome Energy supplied in accordance with the terms of this Agreement. d. The Cot'nty Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions �c a. The term of this Agreement shall be n't9/ hrough September 30, 1987. l b, This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c- This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail, d. The Vendor may not assign this Agreement without the prior written consent of the County Department. a e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all' records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc., required by law for the provision of services hereunder. f. If the Vendor has provided 60 days of continuous service in accordance with provision 7(b) of this Agreement, and the Household moves and is nn longer served by the Vendor, the period's payment will be made to the Vendor; unless the Household owes no balance on the Vendor's account. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS VASi c , cit— _ . ignature 1 Si na �� FR�A/ /� 9 i k `IL Zl� J I ES , Jacqueline Johnson, Chairman Name and Title (Printed or Typed) Name and Title u]E4b L-411s. P.O. Box 758 Company or Business Name Address r/R7-7 1/uI al--0 ?IGS Greeley 80632 CITY zipcode CITY uOtscode 107 1 DATE /�. /Rev11/1_9/$6 inghi4 ' ti••K •�! DATE c 1, "" Dieputy County Cl k LOW-INCOME`ENERGY `ASSISTANCE PROGRAM ,(LEAP) - VENDOR AGREEMENT . • ment made .this 19rh day of : November ,'198 6by and between the oard of County Commissioners of • acting by and through the WELD (County) aunty Department of Social Services ADAMS COUNTY CO-CP nd 45 W Arnmify Taney Rriphtnrr, GOcdo 8061Q- (Vendor name and address) co hereinafter,referred to -as!Vendor). n WHEREAS, Title XXVI of the Low—Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible `o Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. ✓ NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor, on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non—Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non—bulk fuel includes natural gas and electricity. • e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the • household to be used as needed Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil. . f. "Primary Heating Source" is the main type of fuel used to provide the majority of the- heat to the residence. . g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. • r >N J _ . . ♦ " 1tgaz.S1y 41. \ ✓ -4 a).7 T ti' 6 I' r PagQ 2 at 3 e1- " h "Supportive Fuel Source" is a.type offuel. necessary to operate the primary heating aource ` i.• "Home beating Costs" are charges directly related to the primary s heating source used in a residential dwelling, j . "Estimated Home Heating Costs" are ,the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1985 through April 30, 1986 for the household's current primary residence. Vendors serving applicant households for • -primary and/or secondary fuels are requiredito supply actual home heating costs for the period of November 1, 1985 through April 30, 1906. k. "Program Year" means from November 1, 1986 to April 30, 1987. 1. . "Eligibility Period" There are two eligibility periods during the • program year. The first eligibility period is November 1, 1986 through January 31, 1987. The second eligibility period is , February 1, 1987 through April 30, 1987. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. II. Responsibilities of the Vendor: a. . The Vendor shall implement the following provisions: 1, The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such_ assistance under applicable provisions of State law or public regulatory requirements; C 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4 Page 3 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 7 5. The Vendor will notify the County Department in writing 3 no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor 'will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will: a) continue services, deliver fuel or, restore services, whichever is applicable, to the Household. b) not terminate utility services for at least sixty (60) days after such notification. The provisions of a) and b) above are applicable regardless of the amount of the Household's arrearage, the amount the Low—Income Energy Assistance Program benefit, or the household's C payment history, including the Household's failure to abide by an earlier payment agreement. The Vendor may not refuse to restore service to an Eligible Household because there is an arrearage or a broken payment agreement; c) shall make a good faith effort to establish or re—establish an installment or modified budget billing arrangement with the Eligible Household if • the household is in an actual or potential shut—off situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic program payment more • than- sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. Page 4 • 9. The Vendor will not terminate utility%ervices of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a`medical certificate signed'by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. 11. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. • 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be - returned within ten (10) working days to the County Department; C 14. Upon notification by the County Department, when a Household moves or no longer uses the originally approved Vendor, the Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of'an Eligible Household, excluding any deposits made by the Household) to the County Department; 15. The vendor shall refund any credit balances to the Eligible Household after May 31, 1987 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due tc the Household, whichever is applicable, (up to the amount paid on-behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. . All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household 'and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1987; C r / Page 5• - • 19. All'other requirements of Federal and State laws''and regulations • shall be adhered to; 20. All customer households subject to utility shut-off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low-Income Energy - Assistance Program. 21. (Not applicable-to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the • Household by the Low—Income Energy Assistance Programs as well as ' payments to be made directly by the Household. 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. • All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, auditor other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each . Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1986 through April 30, 1987 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1986 through April 30, 1987, the County Department shall make any payments to the Eligible Household (not the Vendor), unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year's service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement .if estimates are found to be inaccurate'or inappropriate. 24. Non—compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all C other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. . J • • . ':..Page 6 ; A. III. County Responsibilities " a. TheCounty Department:-shall promptly advise.the Vendor in writing of•the- name, •address. account number, if any, and amount of payment for each . Eligible Household. b. The County ei rtment shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions `� a- The term of this Agreement shall be ( %m/j�p I Hid through September 30, 1987. b. This Agreement is subject to and contingent'upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. - c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by.certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. • e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all- records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc., required by law for the provision of services hereunder. f. If the Vendor has provided 60 days of continuous service in accordance with provision 7(b) of this Agreement, and the Household moves and is no longer served by the Vendor, the period's payment will be made to the Vendor; unless the Household owes no balance on the Vendor's account. FUEL VEN CHAIRMAN, COUNTY COMMISSIONERS ppSi/gnature - gna • 17�D�r7viThef CtCJI nib, JACQUELINE JOHNSON , OUTMAN Name and-Title- (Printed or Typed) Name and Title - &' 0-,P- P.O. BOX 758 Company or Business Na. Address b/ '— appv-vg en 82h32 CIT A zipcode CITY zipcode I �- , /i ll�� 11/19/86 ESI�Mµ '�(�'�^''`"' DATE DATE 2ttLn� r,.--._ • �• .ewe/• D uty County Clerk 1 LOW INCOME. ENERGY nszISTANCf. PROGRAM (LEAP) VENDOR AGREEMENT 6J, n. Agreement made this 19th day of November 1986 by and between the sA, Board of County Con,missior.ers of Weld a ct:ing by and through the (County) County Deprrt:ment of Social Services and_—Pllhlic Service--.Compd.tly-sf rnl.Axildo---'-- ----- ----_----_---- x.11_ Box 430,--Lundsnry_CLl- BQSSQ------•--- �_—�__._-__.__ _ — J Vendor name anti address (hereinafter referred to as Vendor) , wHERr:AS. Tit)e XXV1 of the Loo--Income Home Energy Assl�:tance of 1981. (P. I 97--35) provides fur Home Energy assistance to kii'j ble Household s; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household . b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non—Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non—bulk fuel includes natural vas and electricity. e- "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally , bulk fuel includes wood, propane, kerosene, coal and fuel oil- f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less .than the majority of the heat to the residence. Secondary heating sources may include natural vas, propane, wood, kerosene, fuel oil or other bulk fuels . Page 2 h. "Supportive. Fuel Source" is a type of fuel necessary to operate the primary heating source. "Homo Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1985 through April 30, 1986 for the household' s current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1985 through April 3O, 1986 . k . "Program Year" means from November 1, 1986 to April 30, 1987. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1986 through January 31, 1987. The second eligibility period is February 1, 1987 through April 30, 1987. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon • fraction of all arrearages . II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1 . The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3 . The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; Page 3 4. The Vendor will credit an Eligible Household ' s account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5, The Vendor will notify the County Department in writing no 1O55 often than monthly, of amounts credited to an Eligible Household' s account and the date such credit was made; 6. Upon notification by the County Department, the vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayment's; 1. If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will : - a) continue services, deliver fuel or restore services, whichever is applicable, to the Household. • b) not terminate utility services for at leas;: sixty (60) days after such notification. The provisions of a) and b) above are applicable regardless of the amount of the Household' s arrearage, the amount the Low—Income Energy Assistance Program benefit, or the household' s payment history, including the Household' s failure to abide by an earlier payment agreement. The Vendor may not refuse to restore service to an Eligible Household because there is an arrearage or a broken payment agreement; c) shall make a good faith effort to establish or re—establish an installment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut—off situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or - b) the Household fails to make the required- payments under an installment or modified budget billing plan 'or any other payment plan, negotiated with the vendor- po p 9. The Vendor will not terminate utility services of a household approved for the 9asic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician' s authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, or, behalf of the Eligible Household, to the County Department. • 11 . (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or- until. the vendor is notified of the eligibility determination of the Household, • whichever occurs first. ' 1.2. The Vendor shall maintain confidentiality of information .provided by the County Department about a Household' s benefit in accordance with applicable Federal and State laws; 13 . Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14 . Upon notification by the County Department, when'a Household moves or no longer uses the originally approved Vendor, the Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household) to the County Department; 15. The vendor shall refund any credit balances to the Eligible Household after May 31, 1987 upon the Eligible Household ' s request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household ' excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household ' s name, the amount returned on behalf of the Eligible Household and the date and reason for return by the • Vendor; 18. All funds- due to the County Department shall be returned to the County Department no later than August 15, 1987; Page 5 19. All otrer requirements of federal and State laws and regulations shall be adhered to; 2.0. All customer• households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low—Income Energy Assistance Program. 21 - (Not applicable to bulk fuel vendors) In appropriate Cases the Vendor will furnish a Household with information on and provide asistance in establishing a budget billing plan. The calculation used to establish the Household ' s monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low--.income Energy Assistance Programs 85 well as payments to be made directly by the Household . 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement . All records maintained by Vendor relating to this Agreement shall he available on reasonable notice, for• inspection, audit or other examination and copying, by State and County Department representatives or their delegates . Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs . All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23 . The Vendor will provide County departments documented estimates of home heating costs for• the period of November, 1, 1986 through April 30, 1987 for any Eligible Household using their service. Suchestimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1 , 1986 through April 30, 1987, the County Department shall make any payments to the Eligible Household (not the Vendor) , unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year' s service, skips in service, or other reasons, as established by the Colorado State Department of Social Services . The State and County Departments reserve the right to • audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24- Non—compliance by the Vendor with any of the above assurances of - this agreement or applicable law or• regulations shall be grounds for immediate termination of this agreement. Such termination ' shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the' county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. Page 6 County Responsibilities a, The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household . b. The County Department shall notify al.). E1.]gib)c Households of the amount or Home ttner'gy payments to be made in their behalf to the Vendor. C- the Ceuniy Departmenl shall make timely payments to the Vendor. for Hone Energy supplied in accordance with the terms of this Agreement, d. the County neparment shall promptly notify the Vendor o` all pertinent changes in this program caused by changes in applicable law or. regulation . General Provisions a. The term of this Agreement shall be through September • 30, 1907. • b. This Agreement is subject to and contingent'upon the continuing availability of federal funds . In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may i—tediatk>1y terminate this Agreement. c . This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The. Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of dome Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc . , required by law for the provision of services hereunder. f. If the Vendor has provided 60 days of continuous service in accordance with provision 7(b) of this Agreement, and the Household moves and is no longer served by the Vendor, the period' s payment will he made to the Vendor, unless the Household owes no balance on the Vendor' s account. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS Signature Siynat• e ( 1, _ Clark B. Ewald, Senior Vice President- • ��/// 'PROVED Utility Services Jacqueline Johnson, Chairman fOR EXECUTOR Name and Title .(Printed or Typed) Name and Title • KS&O zs � Public Service Company of Colorado P.O. Box 758grie r Company or Dosiness Name Address Denver, Colorado 80202 Greeley, CO 80632 CITY zipcode CITY September 25, 1986 11/19/86__.,_,__ OnTE DACE f� Deputy County lark • r ' LOW-INCO* C CNERGY ASSISTANCE. PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this I9t&_— day of rloyemhar . 19©6 by and between the Board of County Commissioners of Weld acting by and through the (County) County Department of Social Services tif' and Publte Serv1Le_fmmn_a_r>.,v f._Lel.orMo _ °� �1&Cc #man-St.r_eetrLaagmont,_Co.—$0501-_.---_ (vendor name and address). (hereinafter referred to as Vendor) . WHEREAS, Title XXV). of the Low--Income Home Energy As<istance of 7..9S',. (P. b. 97--3ii) provides for (dome Energy assistance to Eligible Households: and M E.REAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a- "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services . d. "Non.—Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non—bulk fuel includes natural gas and electricity . e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil. f. "Primary Heating Source.'° is the main type of fuel used to provide the majority of the heat to the residence. • g. "Secondary Heating Source" is the type of fuel used to provide less .thanthe majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. J . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment: arr-earages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1985 through April 30, 1986 for the household' s current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1985 through April 30, 1986. "Program Year" means from November 1, 1986 to April 30, 1987. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1986 through January 31, 1987. The second eligibility period is February 1, 1987 through April 30, 1987. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions; 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3 . The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments ar•e made; Page 3 q . The Vendor will credit an Eligible Household ' s account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5, The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household' s account and the date such credit was made; 6. Upon notification by the County Department, the vendor will r'eimbur'se amounts to the County Depar'tmen't within ten (10) working days in the case of incorrect payments or overpayments ; 7. 7.f the Vendor has been notified by the. County Department that a Household has been approved :`or' the Easic Program payment, the Vendor will : - a) continue services, deliver fuel or restore services, whichever is applicable, to the Household . • b) not terminate utility services for at least sixty (60) days after such notification. The provisions of a) and b) above are applicable regardless of the amount of the Household' s arrearage, the amount the Low—Income Energy Pssistance Program benefit, or the household' s payment history, including the Household' s failure to abide by an earlier payment agreement. The Vendor may not refuse to restore service to an Eligible Household because there is an arrearage or a broken payment agreement; c) shall make a good faith effort to establish or re—establish an installment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut—off situation at any time during the eligibility period- 8. The Vendor will not terminate utility services of a Household approved for the Basic program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or - b) the Household fails to make the required payments under an installment or modified budget billing plan 'or any other payment plan, negotiated with the vendor. mow; 9. The vendor will not terminnate utility 5cr-vice5 of a household approved fur Lin: Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician' s authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. n the event the Vendor discontinues service alter expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, or: behalf of the Eligible Household, to the County Department. • 11 . (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate SCr'vjccS to the Household for ten working days after notice that application has been made or• until the Vendor is notified of the eligibility determination of the Household, • whichever occurs first. - 17. The vendor shall maintain confidentiality of information provided by the County Department about a Household' s benefit in accordance with applicable Federal and State laws; 13 . Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 1. . Upon notification by the County Department, when a Household moves or no longer uses the originally approved Vendor, the Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household) to the County Department; 15. The vendor shall refund any credit balances to the Eligible Household after May 31, 1987 upon the Eligible Household ' s request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the - credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household ' excluding any deposits made by the Household) will be returned - to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the • Household ' s name, the amount returned on behalf of the Eligible Household and the date and reason for return by the • Vendor; - 18. All funda. due to the County Department shall be returned to the County Department no later than August 15, 1987; sr Page S 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the ;-ow--Income Energy Assistance Program. 2; . (Not applicable to bulk fuel vendors) ]'r, appropriate cases the Vendor will furnish a Household with information on and provide asistance in establishing a budget billing plan. The calculation used to establish the Household ' s monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the I.-ow.--Income Energy Assistance Programs as well as payments to be made directly by the Household . Z2. The Vendor- shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper ;.se and accounting of funds under this Agreement . nil records maintained by vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other- er.amination and copying, by State and County Department representatives or their delegates . Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs . All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23 . The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1986 through April 30, 1987 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1966 through April 30, 1987, the County Department shall' make any payments tó the Eligible Household (not the Vendor) , unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year' s service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. Non—compliance by the Vendor with any of the above assurances of/ this agreement or applicable law or regulations shall be grounds fur immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the' county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. n.. - . • Page 6 County Responsibilities The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household . b_ The County Department shall notify all Eligible Households of the amount f Home Energy payments to be made in their behalf to the Vendor. c. •I he County :Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. Department_ shall promptly notify the Vendor of all pertinent d. The County cps;. changes in this program caused by changes in applicable law or regulations . General Provisions a. The term of this Agreement shall be _ — through September 30, 1957 . b_ Ibis Agreement is subject to and contingent upon the ds . funds,n continuing In the event that insufficient as ava;labilit-y of federal fun determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. d . The Vendor may not :assign this Agreement without the prior written yen consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc . , required by law for the provision of services hereunder. f. If the Vendor has provided 60 days of continuous service in accordance with provision 7(b) of this Agreement, and the Household moves and is no longer served by the Vendor, the period' s payment will be made to the Vendor, unless the Household owes no balance on the Vendor' s account. FULL VENDOR CHAIRMAN, COUNTY COMMISSIONERS Signature Si naCu Clark B. Ewald, Senior Vice President' • Utility Services Jacqueline Johnson, Chairman Name and Title (Printed or Typed) Name and Title Public Service Company of Colorado P.O. Box 758 APPRENED FOR EXECUTl8h Company or business name Address LS &0 Denver. Colorado 80202 Greelev, _c0 80632 CITY Zipcode CITY tipcod e September_Z�, 1986 11/19/86 '�U DATE D A f E o e ty County Cler . LOW-INCOME ENERGY ASSISfANCG. PROGRAM (LEAP) VENDOR AGREEMENT os /0 Agreement made this __ 19th __ day of November 1986 by and between the xo Board of County Commissioners of Weld acting by and through the (County) County Department of Social Cervices and__Puhl-i6- Sea=Ya-ee-.ComPanY--af—C-alorado___-------------------- -------.--- — 2 --323 Denve-F—Ave—.-frr--uptear-C9---8O62.1.__�___.____�_.__—..._....--._ (vendor name_and ,address)_ (hereinafter referred t:b as Vendor) . WHEREAS, Title XXV) of the Low--Income Hone Energy Assistance of 1981 (P . L.. 97--35) provides Fur Home Energy assistance to El ,fb].e Households: and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed : I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been • notified by the County Department that payment will he made to the Vendor on behalf of the Household . b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c- "County Department" means the County Department of Social Services. d. "Non-Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company . Normally, non-bulk fuel includes natural gas and electricity . e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally , bulk fuel includes wood, propane, kerosene, coal and fuel oil. f. "Primary Heating Source is the main type of fuel used to provide the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less .than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels . Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source . "Homo Heating Costs" are charges directly related to the primary heating source used in a residential dwelling . j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels . Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for- the primary heating source, and one secondary heating source, for the period of November 1, 1985 through April 30, 1986 for the household' s current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1985 through April 30, 1986. k . "Program Year" means from November 1, 1986 to April 30, 1987. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1986 through January 31 , 1987 . The second eligibility period is February 1, 1987 through April 30, 1987. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules . n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3 . The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; Page 3 The Vendor will credit an EligibleHousehold ' s account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5, The Vendor will notify the County Department in writing no lens often than monthly, of amounts credited to an Eligible Household ' s account and the date such credit was made; G. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the ease of incorrect payments or overpayments ; 7. ] f the Vender has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will: - a) continue services, deliver fuel or restore services, whichever is applicable, to the Household. • h) net terminate utility services for at least sixty (60) days after such notification. The provisions of a) and b) above are applicable regardless of the amount of the Household' s arrearage, the amount the Low-income Energy Assistance Program benefit, or the household' s payment history, including the Household' s failure to abide by an earlier payment agreement. The Vendor may not refuse to restore service to an Eligible Household because -there is an arrearage or a broken payment agreement; c) shall make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut-off • situation at any time during the eligibility period . B. The Vendor will not terminate utility services of a Household approved for the Basic program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to, enter into an installment or modified budget billing payment plan with the , vendor; or b) the Household fails to make the required- payments _ under an installment or modified budget billing plan " -or any other payment plan, negotiated with the vendor. fir • 9. The Vendor will not terminate utility services of a household approved for the Basle proyrau payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician' s authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor di:;continues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf yr the Eligible uouS:ehold, to the County Department. • 11 . (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household ha applied for- the Basic Proyram benefit, the Vendor will nut terminate services to the Household for Len workino days after notice that application has been made or until the Vendor is notified of the eligibility determination or the Household, • whichever occurs first. - 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household ' s benefit in accordance with applicable Federal end State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14 . Upon notification by the County Department, when'a Household moves or no longer uses the originally approved Vendor, the Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household) to the County Department; 15_ The vendor shall refund any credit balances to the Eligible Household after May 31 , 1987 upon the Eligible Household' s request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household ' excluding any deposits made by the Household) will be returned • to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the vendor name, the - Household' s name, the amount returned on behalf of the - Eligible Household and the date and reason for return by the • Vendor; 18. All funds- due to the County Department shall be returned to the County Department no later than August 15, 1987; Page 5 19. nil other requirements of federal and State laws and regulations shall be adhered to; 2.0. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number Info rmati.en about the Low--Income Energy Assistance Program. 2) . (Not applicable to bulk fuel. vendors) In appropriate cases the Vender will furnish a Household with information on and provide as::istance in cestabli ::hi.r.y a budSe1. billing plan. The calculation used to establish the Household' s monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low—income Energy Assistance Programs as well as payments to be made directly by the Household . 27-. The Vender shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement . All records maintained by Vendor relating to this Agreement shall he available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates . Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs . All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23 . The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1986 through April 30, 1987 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1986 through April 30, 1987, the County Department shall make any payments to the Eligible Household (not the Vendor) , unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year' s service, skips in service, or other reasons, as established by the Colorado State Department of Social Services . The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. Non—compliance by the Vendor with any of the above assurances of - this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the cbunt'y department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this a3r,cement. • Page 6 . County Responsibilities .a, The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household . b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c, the County Dep- rtment shaii make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d . The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations . General Provisions a. The term of this Agreement shall be _ through September • 30, 1947- .. b This Agreement is subject to and contingent.upon the continuing availability of federal funds - In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement- s C. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses , insurance, etc. , required by law for the provision of services hereunder. f. If the Vendor •has provided 60 days of continuous service in accordance • with provision 7(b) of this Agreement, and the Household moves and is no longer served by the Vendor, the period' s payment will he made to the Vendor, unless the Household owes no balance on the Vendor' s account. r FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS I ///�f� � f t // Signature S1gna - re Clark B. Ewald, Senior Vice President- Utility Services Jacqueline Johnson, Chairman APPROVED Name and Title (Printed or Typed) Name and Title PM SCRU a x,S&0 Public Service Company of Colorado P.O. Box 758 Company or Oust.nCss Name Address Denver, Colorado 80202 Greeley, CO 80632 CITY zipcode CITY r.ipcodc7 _y,_ September 25 1936 .1/19/86 TES DATE .rE — -- By ' Ir1�irs� e Duty County Cl r ; LOW- INCOME ENERGY n sI_TnNCr. PROGRAM (LEAP) VENDOR AGREE.MCNT Agreement made this _19th w day of November . 190 6 by and between the Board of County Commissioners of Weld acting by and through the (County) County Department of Social services and Public Service Company of Colorado !sit _____ -----871-Main Street, LouisvilT, CO 80027 Jendor Wan . am address twe. (hereinafter referred to as Vendor-) . WHEREAS •!it] e XX'VI. of the Low-lncome Home Energy assistance of i9&1. (P, t. 97--35) provides for tome Energy assistance to Eligible Households: and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed : I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non—Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non—bulk fuel includes natural gas and electricity . e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil. - f. "Primary Heating Sourc is the main type of fuel used to e" provide the majority of the heat to the residence. • g. "Secondary Heating Source" is the type of fuel used to provide less .than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source . "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1965 through April 30, 1986 for the household' s current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1985 through April 30, 1986. k . "Program Year" means from November 1 , 1986 to April 30, 1987 . 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1986 through January 31, 1987. The second eligibility period is February 1, 1987 through April 30, 1967. .n. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions; 1. The Vendorwill charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3 . The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible • Household on whose behalf payments are made; • Page 3 4. The Vendor will credit an Eligible Household ' s account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household' s account and the date such credit was made; 6. Upon notification by the County Department, the Vendor" will reimburse amounts to the County Department within ten (10) working days in the case of incorrect pay+rents or ovc rpay mc+nts; 7. If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will: - a) continue services, deliver fuel or restore services, • whichever is applicable, to the Household. • h) rict terminate utility services for at least sixty (60) days after such notification. The provisions of a) and b) above are applicable regardless of the amount of the Household' s arrearage, the amount the Low—Income Energy Assistance Program benefit, or the household' s payment history, including the Household' s failure to abide by an earlier payment agreement. The Vendor may not refuse to restore service to an Eligible Household because -there is an arrearage or a broken payment agreement: c) shall make a good faith effort to establish or re—establish an installment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut—off situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to. enter into an installment or modified budget billing payment plan with the vendor; or b) the Household fails to make the required payments under an installment or modified budget billing plan - -or any other payment plan, negotiated with the vendor. w7 9. The Vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or • health practitioner acting under a physician' s authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. ln the evert the vendor discontinues service after expiration of the 60 day no shutoff period , the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. 11 . (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vcndcr is notified of the eligibility determination of the Household, whichever occurs first. 17 . The Vendor shall maintain confidentiality of information provided by the County Department about= a Household' s benefit in accordance with applicable federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (1O) working days to the County Department; 14. Upon notification by the County Department, when a Household moves or no longer uses the originally approved Vendor, the Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of an Eligible Household, excluding any deposits made • by the Household) to the County Department; 15. The vendor shall refund any credit balances to the Eligible Household after May 31, 1987 upon the Eligible Household' s request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the • credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household ' excluding any deposits made by the Household) will be returned • to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household' s name, the amount returned on behalf of the Eligible Household and the date and reason for return by the • Vendor; 18. All funds- due to the County Department shall be returned to the County Department no later than August 15, 1987; f f Page 5 19 . All other requirements of federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low--Income Energy Assistance Program. 21 . (Not :applicable to bulk fuel. vendors) ;:n appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Hout,ehold' s monthly payment under such budget bi l l ing plan shall include any payments made on behalf of the Household by the Low•-Income Energy Assistance Programs as well as payments to be made directly by the Household . 22- The Vendor- shall establish such fiscal control and fund accouneing procedures as may be necessary to assure the proper use and accounting of funds under this flgre ener.t . All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department • representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs . All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. . 23 . The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1986 through April. 30, 1967 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request- If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1986 through April 30, 1967, the County Department shall make any payments tó the Eligible Household (not the Vendor) , unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year' s service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. Non—compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds fur immediate termination of this agreement. Such termination ' shall include termination of payments on behalf Of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. Paso 6 County Responsibilities a The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount or payment for each Eligible Household . b. The County Department shall notify all Eligible Householus of the amount of Iloe Lnergy payments to be made in their behalf to the vender- es the County i)epimr'tment shall make timely payments to the Vendor for Home Cnrrgy supplied in accordance with the terms of this (?<:rec;uer:;; d . The County Department shall promptly notify the Vendor of all pertinent charn:r.s In lhii program Caused by changes in applicable law or regulations . General Provisions a. The term of this Agreement shall he _ through September , • 30, 1937 . b. Ibis Agreement is subject to and contingent upon the continuing availability of federal funds . In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. Ibis Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. d. The vendor may not assign this Agreement without the prior written consent of -the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. • f. If the Vendor has provided 60 days of continuous service in accordance with provision 7(b) of this Agreement, and the Household moves and is no longer served by the Vendor, the period' s payment will be made to the Vendor, unless the Household owes no balance on the Vendor' s account. UEL VENDOR CHAIRMAN, COU -fY COrMISSIONERS ele-‘127--&C Signature Si nat re Clark 8. Ewald, Senior Vice President Chairman Utility Services Jacqueline Johnson, Name and Title ,(Printed or Typed) Name and Title EXt"C(lli0ll K,S8r0 Public Service Company of Colorado P.O. Box 758 � �. Company or Business Name Address Denver, Colorado 80202 Greeley,, CO 80632 CITY zipcode CITY zipcode September 25,_1986 11/19/86 TES'> LY �DATE DA Deputy County _erk LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT /2 As _mcnt made this 19th day of November , 1986 by and between the u" Board of County Commissioners of Weld acting by and through the yel.2 (County) •,� County Department of Social Services and Public Service Carquany of Colorado P.O. Box 8 , Greeley, Colorado 80632 (Vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97-3S) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has b;•en notified by the County Department that payment will be made to • the Vendor on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non-Sulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non-bulk fuel includes natural gas and electricity . e. "bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil. f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. Page 2 h. "Supportive Fuel Source" is a type of fuol necessary ne essary to operate the primary heating source. i . "Homo Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. ) . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or- projection of the anticipated heating costs for the current heating season (November 1st through April 3Oth) . such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels . Estimated home heating costs for an applicant household shall consist of the total actual home hosting costs for the primary heating source, and one secondary heating source, for the period of November 1, 1985 through April 3O, 1985 for the household' s current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual house heating costs for the period of November 1, 1985 through April 3O, 1986. k. "Program Year" means from November 1, 1.985 to April. 3O, 1987. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1987. The second eligibility period is February 1, 1987 through April 3O, 1997. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules . n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits: and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. II. Responsibilities of the Vendor: a. The Vendor shall. implement the following provisions: 1 . The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3 . The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; • ,Th•' Page 3 4. The Vendor will credit an Eligible Household' s account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household' s account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will: a) continue services, deliver fuel or restore services, whichever is applicable, to the Household. b) not terminate utility services for at least sixty (60) days after such notification. The provisions of a) and b) above are applicable regardless of the amount of the Household' s arrearage, the amount the Low—income Energy Assistance Program benefit, or the household' s payment history, including the Household' s failure to abide by an earlier payment agreement. The Vendor may not refuse to restore service to an Eligible Household because there is an arrearage or a broken payment agreement; c) shall make a good faith effort to establish or re—establish an installment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut—off situation at any time during the eligibility period . 8. The Vendor will not terminate utility services of a Household approved for the Basic program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the Household fails to r•.ike the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. 1 Page 4 9. The Vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician' s authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. 11 . (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household ' s benefit in accordance with applicable Federal and State laws; 13 . Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; epartmer:t; 14. Upon notification by the County Department, when a Household moves or no longer uses the originally approved Vendor, the Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household) to the County Department; 15. The vendor shall refund any credit balances to the Eligible Household after May 31, 1987 upon the Eligible Household ' s request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) wif;. be returned to the County Department within ten (10) working days; 17. n11 payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household' s name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1967; err .> y Page 5 19. All other requirements of Federal and State laws and regulations shall be adLered to; 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low--Income Energy Assistance Program. 21 . (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household' s monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low—Income Energy Assistance Programs as well as payments to be made directly by the Household. 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23 . The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1 1986 through April 30, 1987 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department :within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1986 throu - April 30, 1987, the County Department shall make any payments the Eligible Household (not the Vendor), unless the Vendor docume, that such data are not available due to no meters, broken meters, ) prior year's service, skips in service, or other reasons, as estolished by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are fou .d to be inaccurate or inappropriate. 24. Non—compliance by the Vendor w_th any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate recur!-, of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. ♦ Page 6 III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household . b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations . IV. General Provisions a. The term of this Agreement shall be through September 30, 1987. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. f. If the Vendor has provided 60 days of continuous service in accordance with provision 7(b) of this Agreement, and the Household moves and is no longer served by the Vendor, the period' s payment will be made to the Vendor, unless the Household owes no balance on the Vendor' s account. 7F EL N00 -e77 CHAIRMAN, COUNTY COMMISSIONERS if -LC.LC/ /XSr—, Si nature Si nat e Clark B. Ewald, Sr. Vice President Utility Services .Tarque- ine Jor son, Chairman Name and Title (Printed or Typed) Name and Title Public Service Company of Colorado B.C. Box 758 Company or Business Name Address Denver 80202 Greeley, CO 80632 CITY zipcode CITY October 10, 1986 zipcode DATE APPROVED 11119!86 AT ST: �bR EXECGJflfl DA rE lxiwa l Ksae ��✓!!0�/�� _ eputy County lerk LOW-INCOME ENERGY ASSISTANCE PROGRAM (LCAP) VENDOR AGREEMENT /.9690 usep Agreement made this 19th day of November - 1986 by and betwear the Board of County Commissioners of Weld acting by and through the (County) County Department of Social Services -� and Public Service Company of Colorado --P:O_ Box 158, Brig_htonl_CO 80601.__.____, Vendor name and address (hereinafter referred to as Vendor) . WHEREAS, itie XXV) of the Low-Income -Tome Energy Assistance of 1.961 (7. I_. 97.4S) provides for Home Energy assistance to Sl` , :tfle Household and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household . b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services . d. "Non—Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non—bulk fuel includes natural gas and electricity . e. "Bulk Fuel" is an energy source for home heating which may he purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally , bulk fuel includes wood, propane, kerosene, coal and fuel oil. f. "Primary Heating Source." is the main type of fuel used to provide the majority of the heat to the residence. • g. "Secondary Heating Source" is the type of fuel used to provide less .than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane. wood, kerosene, fuel oil or other bulk fuels. Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. "Homo Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment: arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels . Estimated home heating costs For an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1995 through April 30, 1986 for the household' s current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1985 through April 30, 1996. k . "Program Year" means from November 1, 1986 to April 30, 1987. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1. 1996 through January 31, 1987. The second eligibility period is February 1, 1987 through April 30, 1987. in. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. II. Responsibilities of the Vendor-: a. The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3 . The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made: 'r • Page 3 q . The Vendor will credit an Eligible Household ' s account promptly and no later than ter: (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less otter: than monthly, of amounts credited to an Eligible Household' s account and the date such credit was made; 6 . Upon notification by the County Department, the Vendor will reimburse ttmoun is to the County Department within ten (10) working days in the case of incorrect payments Or overpayments ; 7. f the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will : . a) continue services, deliver fuel or restore services, whichever is applicable, to the Household. b) not terminate utility services for at least sixty (60) days after such notification. The previsions of a) and b) above are applicable regardless of the amount of the Household' s arrearage, the amount the Low—Income Energy Assistance Program benefit, or the household ' s payment history, including the Household' s failure to abide by an earlier payment agreement. The Vendor may not refuse to restore service to an Eligible Household because there is an arrearage or a broken payment agreement; c) shall make a good faith effort to establish or re—establish an installment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut—off situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or - b) the Household fails to make the required' payments under an installment or modified budget billing plan .or any other payment plan, negotiated with the vendor. 9. The Vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician' s authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. 7n the event. the Vendor discontinues service after- expiration of the 60 day no shutoff period, the Vendor will return any .. paymcr:ts received subsequent to such discontinuance, on behalf „f the Eligible household, to the County Department. 11 . (Not applicable to bulk fuel suppliers) If the Vendor has been notified by ',Mc County Department that a Household has applied for the Basic Program, benefit, the Vendor will not terminate services to the Household for ton werkinv_ days after- notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. • ]2. The Vendor shall maintain confidentiality of information provided by the County Department about a Household' s benefit in accordance with applicable Federal and State laws; 13 . Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14 . Upon notification by the County Department, when a Household moves or no longer uses the originally approved Vendor, the Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household) to the County Department; 15. The vendor shall refund any credit balances to the Eligible Household after May 31, 1987 upon the Eligible Household ' s request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household ' excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the • Household' s name, the amount returned on behalf of the Eligible Household and the date and reason for return by the • Vendor; 18. All funds. due to the County Department shall be returned to the County Department no later than August 15, 1987; Page 5 19- All other requirements of federal and State laws and regulations shall be adhered to: 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low--income Energy Assistance! Program. 21 . (Not applicable to bulk fuel. vendors) In appropriate cases the Vendor will furnish a Household with information on and provide asistance in establishing a budget bii.1ing plan. The calculation used to establish the Household ' s monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low--Income Energy Assistance Programs as well as payments to be made directly by the Household . 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement . All records maintained by Vendor relating to this Agreement shall he available on reasonable notice, for inspection, audit or other examination and copying, by State and ' County Department • representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs . All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23 . The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1986 through April 30, 1967 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1 , 1986 through April 30, 1987, the County Department shall make any payments to the Eligible Household (not the Vendor) , unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year' s service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. Non—compliance by the Vendor with any of the above assurances of - this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination . shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the; c.iunty department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. A • Page $ County Responsibilities The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household . b, The County Department shall notify all Eligible Households of the amount of Bone Energy payments to be made in their behalf to the vendor. c. 1 he County Department sha'..1 make timely payments to the Vendor for Home f nor'jy .':opl iod in accordance with the terms of this Agreement. d . 1-he County Department shall.. promptly notify the Vendor or all pertinent changes in this program caused by changes in applicable law or regulations . General Provisions a" The term of this Agreement shall be -- _through September • 30, 1907. b. This ngreement is subject to and contingent.upon the continuing availability of federal funds . In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. • c. Ibis Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc . , required by law for the provision of services hereunder. f. If the Vendor has provided 60 days of continuous service in accordance with provision 7(b) of this Agreement, and the Household moves and is no longer served by the Vendor, the periods payment will be made to the Vendor, unless the Household owes no balance on the Vendor' s account. fUEt VEN0OR CHAIRMAN, COUNTY COMMISSIONERS Signature Si nat. e Clark B. Ewald, Senior Vice President Jacqueline Johnson, Chairman Utility Services Name and Title (Printed or Typed) Name and Title Public Service Company of Colorado P.O. Box 758 Company ur• Business Name Address FOREXEGUTiO% K,saa Denver Colorado 80202 Greeley, CO 80632 —_ Irt__!G/„___ CITY ..ipcode CITY r pcodc September 25,_1986 11/19/86 DATE ._—. --- c-- ATTEST: 'l l�Al1U0�tGr' c /c % Deputy County Clerk • LOW'INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this _19th day of November . 198 6by and between Board of County Commissioners of Weld acting by and through the (County) County Department of Social Services and _public SerMice_ Compartx-nito1.oradfl..----------_____._-.._------ ------- ------ -- __E—Q—Bnu-. 4OJnhnstawn-.—C.Q__$Q534 — vendor name and address (hereinafter referred to as Vendor) . WHCRCAS. 'iitle XXVI of the Loat--Income Idon•.e r_nergy Assistance of 191 (P . L. 97--DS) provides for Fion:e I-_ncergy assistance to C.igible Households: and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds availab)e under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services . d. "Non—Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non—bulk fuel includes natural gas and electricity - e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil. - • f. "Primary Heating Source.'• is the main type of fuel used to provide the majority of the heat to the residence. • g. "Secondary Heating Source" is the type of fuel used to provide less .than the majority of the heat to the residence. Secondaryheating sources may include natural yas, propane, wood, kerosene, fuel oil or other bulk fuels. nc-_ Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. "Homo Heating Costs" ar•e charges directly related to the primary heating source used in a residential dwelling. j "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November ist through April 3Oth) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption level:. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1985 through April 3O, 1985 for the household' s current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1985 through April 3O, 1986 . k . "Program Year" means from November 1, 1986 to April 3O, 1987. 1. "Eligibility Period" There are two eligibility periods during the program year, The first eligibility period is November 1, 1986 through January 31, 1987. The second eligibility period is February 1, 1987 through April 3O, 1987. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1 . The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 7,. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3 . The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; • Pace 3 r, , The Vendor will credit an Eligible Household ' s account promptly and r,o later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5- The Vendor will notify the County Department in writing no less often than monthly , of amounts credited to an Eligible Household' s account and the date such credit was made; G. Upon notification by the County Department, the vendor will reimburse amounts to the. County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will : - a) continue services, deliver fuel or restore services, whichever is applicable, to the Household . h) not terminate utility services for at least sixty (GO) days after such notification. The provisions of a) and b) above ar•e applicable regardless of the amount of the Household ' s ar-r-earage, the amount the Low-Income Energy assistance Program benefit, or• the household' s payment history, including the Household' s failure to abide by an earlier payment agreement. The Vendor• may not refuse to restore service to an Eligible Household because there is an arrcarage or a broken payment agreement; c) shall make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut-off situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless : a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the Household fails to make the required- payments _ under an installment or modified budget billing plan ' 'or any other payment plan, negotiated with the vendor. ;or• , 4 9. The Vendor will not terminate utility services of a household approved for the basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician' s authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payment:; received subsequent to such discontinuance, or, behalf ci the !:ligible Household, to the County Department. • II . (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household' s benefit in accordance with applicable Federal and State laws ; 13 . Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. Upon notification by the County Department, when'a Household moves or no longer uses the originally approved Vendor, the Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household) to the County Department; 15. The vendor shall refund any credit balances to the Eligible Household after May 31, 1987 upon the Eligible Household' s request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household ' excluding any deposits made by the Household) will be returned • to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household' s name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds- due to the County Department shall be returned to the County Department no later than August 15, 1987; Page 5 19. All other requirements of Federal and State laws and regulations shall be adhered to: 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number inforratier, about the Low--income Energy Assistance Pr'ogr'am. 21 . (Not applicable to bulk fuel vendors) In appropriate cases the vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the House'hold ' s monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low--Income Energy Assistance Programs as well as payments to be made directly by the Household . 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accnuntin'3 of funds under this Agreement . All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, fur inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs . All records shall be maintained for a period of 3 years following the termination of this' Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23 . The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1986 through April 30, 1987 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1986 through April 30, 1987, the County Department shall make any payments to the Eligible Household (not the Vendor) , unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year' s service, skips in service, or other reasons, as established by the Colorado State Department of Social Services . The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. Non—compliance by the Vendor with any of the above assurances o` this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination ' shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed Co the Chanty department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. 7; , Page 6 . County Responsibilities a, The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household . b. The C:ouny Department shall notify all Eligible Households of the amount of ':{o:ne Energy payments to be made in their behalf to the Vendor. e. ' he County Department shall. make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d - The CuunLy Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulation;.. . General Provisions • a. The term of this Agreement shall he through September • 30, 1907. b- This Agreement is subject to and contingent upon the continuing availability of federal funds . In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. d - The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records , and termination and restoration of Home Energy service, and discrimination. The Vendor- certifies that it has all licenses, insurance, etc . , required by law for the provision of services hereunder. • f . If the Vendor has provided 60 days of continuous service in accordance with provision 7(b) of this Agreement, and the Household moves and is no longer served by the Vendor, the period' s payment will be made to the Vendor, unless the Household owes no balance on the Vendor' s account. • (=UEt VENDOR CHAIRMAN, COUNTY COMMISSIONERS Signature S1 •nat Clark B. Ewald, Senior Vice President-- - Utility Services Jacqueline iohnsnn. Chairman Name and Title (Printed or Typed) Name and Title EXEC":ai`Y Public Service Company of Colorado P.O. Box 758 K,S Company or Business Name Address rt _ Der._ver, ColoradlilaD2 Greeley, CO 80632 ~ C.C 1'Y zipcode CITY v.ipcode •. September 25,_L9.$6_ .--- _ 11/19/86 r T�J nn.v. A.' 4 J R I E �yy,.,,� f^� / `.inf.4p (#ice-,c_+� • e uty County Cie mEm4RAnDum Tom David To Weld County Attorney Date November 23, 2986 Eugene McKenna, Director, Weld County Department of COLORADO F,omSocial Services Low-Income Energy Assistance Program Vendor Agreements, Subject: 1986-7 Tom, please find attached approximately ten vendor agreements between Weld County and the following vendors: Agland, Inc. , Van Gas Co., Public Service, Empire Gas, Maddox Gas and Oil, Weld L—P, Keyser Coal Co. , Greeley Gas Co., Adams County Coop, Empire Gas (Brighton) . These agreements are on the State supplied vendor agreement form and are similar to those that were approved by the County Board in the prior project year. If they look okay to you, request that you submit them to our Board for their approval. Thank you. EMcK:rm Enclosure S RESOLUTION RE: SET HEARING DATE TO CONSIDER PETITIONS FROM VARIOUS PEST CONTROL DISTRICTS TO EXTEND THEIR TERMINATION DATES WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has received petitions requesting that the Board hold a public hearing to determine if the termination dates should or should not be extended from the following pest control districts: New Raymer-Stoneham Pest Control District St. Vrain Pest Control District Johnstown Pest Control District Windsor-Severance Pest Control District Milliken-LaSalle-Kersey Pest Control District WHEREAS, pursuant to Section 35- 5-104 (7) , C.R.S. , the Board deems it advisable that said hearing be set for Monday, December 8, 1986, at or about 9 :30 a.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to consider extension of the termination date of the above mentioned pest control districts be, and hereby is , set for Monday, December 8, 1986, at or about 9:30 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of November, A.D. , 1986. 1 BOARD OF COUNTY COMMISSIONERS ATTESm. -- atmnA.tP.C(P WELD COUNTY, COLORADO \ Weld County Clerk and Recorder and Clerk to the Board J cqu 1 n Chairman A Gor c -Tem putt' County Clerk APPRO ED AS TO FORM: Gene R. Brantner EXCUSED DATE OF SIGNING -_ AYE j :≥ ±5nt irby County Attorney 861120 PETITION For the Extension of Termination OCT 3 1.1g86 Date of Weed Districts . . , i� TO: The Board of Commissioners Of the County of Weld, State of Colorado We, the undersigned District Advisory Committee for the NEW RAYMER-STONEHAM PEST CONTROL DISTRICT In accordance with Section 35-5-104(7) , CRS, the Board may extend Weed District Termination dates by holding Public Hearing to determine if the termination date should or should not be extended. If the Board determines after hearing that such extension date is advisable, the Board shall immediately declare the extension of the termination date and shall inform the District Advisory Committee and the County Assessor. We the undersigned respectfully request the above action be taken before December 15, 1986 as this District's termination date is December 31, 1986 - Advisory Committee Date Name Address gizcz As-erg 6- • It - f8-ji R // �/'r�gv`7 jg7 /c - z _ IL.t71 , �� 4/7 /0 79 �1 14_44, WIJ-'1A- 7� r iye,64 61o7/z. PETITION ," For the Extension of Termination Date of Weed Districts ldOV i 2 ,gds TO: The Board of-Commissioners Of the County of Weld, State of Colorado We, the undersigned District Advisory Committee for the ST. VRAIN PEST CONTROL DISTRICT In accordance with Section 35-5-104(7) , CRS, the Board may extend Weed District Termination dates by holding Public Hearing to determine if the termination date should or should not be extended. If the Board determines after hearing that such ext-mnsion date is advisable, the Board shall irmediately declare the extension of the termination date and shall inform the District Advisory Committee and the County Assessor. We the undersigned respectfully request the above action be taken before December 15, 1986 as this District's termination date is December 31, 1986 • Advisory Committee Date Name � Address S/en e /me(wAeJ� 2?i sntcyse /73--y11-24t-edi44 j/ St-2C?_ ' ?4e-2 J\ft2 —7:o—r--f/-t-- Iiig914 ,G L .134r 'C=e'OS ( /l 5-%Jc,,,_ �s� ___ /c,c)/7ec/GP2S-f//t%UI4 su(ssi I/ G - &VCR 20 1._.za e Solt 1/- V Y Jt Sc,171 l.! ( " \ / ,f - 1- e r�. t�Ja) PETITION - For the Extension of Termination I ^�' , ci Date of Weed Districts TO: The Board of Commissioners Of the County of Weld, State of Colorado We, the undersigned District Advisory Committee for the JOHNSTOWN PEST CONTROL DISTRICT In accordance with Section 35-5-104(7) , CRS, the Board may extend heed District Termination dates by holding Public Hearing to determine if the termination date should or should not be extended. If the Board determines after hearing that such extension date is advisable, the Board shall immediately declare the extension of the termination date and shall inform the District Advisory Committee and the County Assessor. We the undersigned respectfully request the above action be taken before December 15, 1986 as this District's termination date is December 31, 1986 Advisory Committee Date Na Address c n /off/ w_ ce_ c? fieVoila • it )7e , alz,Y 4A/6/ k1( 1>• L'eJ`70):7 - S I J? K1 r. 7 , L) / Sr u i a - f o 5-2/ l/- - s4 IJ - ' � .-,Zet5^9j C_. C /' �i �i�,�� . C.--`<r S'cS3/ //1- c- Y‘• Gay �/cit' t,2,4 ,11/1 4' eiNsi ?P - •^jam, • PETITION MEU CCcpry nyo,( 3Ncp� For the Extension of Termination D Nr . Date of Weed Districts j'L NOV 1 4 f986 TO: The Board of Commissioners Of the County of Weld, State of Colorado G "cY `-aua. We, the undersigned District Advisory Committee for the WINDSOR-SEVERANCE PEST CONTROL DISTRICT In accordance with Section 35-5-104(7) , CRS, the Board may extend Weed District Termination dates by holding Public Hearing to determine if the termination date should or should not be extended. If the Board determines after hearing that such extension date is advisable, the Board shall immediately declare the extension of the termination date and shall inform the District Advisory Committee and the County Assessor. We the undersigned respectfully request the above action be taken before December 15, 1986 as this District's termination date is December 31, 1986 - Advisory Committee Date Name Address212,C75 7/1/41,Cf ACV cz c, p/OXi n — :e- - /z3 /5- 4v. c, (W,2 C4 �e6,r - c — Cr 1&$3,- t6,1,/4'fr- .Cf r, co 13 S /Lund AIL _ 33O2 021 3//x'04 lea/ ter. PETITION *al arm r05w,m ; For the Extension of Termination D E G 13 r7 Date of Weed Districts N0V i 4 7986 TO: The Board of Commissioners c. r-1 Of the County of Weld, State of Colorado We, the undersigned District Advisory Committee for the MILLIKEN-LASALLE-KERSEY PEST CONTROL DISTRICT In accordance with Section 35-5-104(7) , CRS, the Board may extend Weed District Termination dates by holding Public Hearing to determine if the termination date should or should not be extended. If the Board determines after hearing that such extension date is advisable, the Board shall immediately declare the extension of the termination date and shall inform the District Advisory Committee and the County Assessor. We the undersigned respectfully request the above action be taken before December 15, 1986 as this District's termination date is December 31, 1986 • Advisory Committee Date Name Address " //- -5 _ ,ate ai-e 805-34_, 5--a6 Zo9f/ .Pp S/9 Ga:Sa4, CD/0 ED65AS /A-fr. 5 3L 7 4)-c /M '1? /(c,sci_ Ci -8� A 102G3?/ w t'er . (pup 7cn0 7fril./o- frO, 3iys.Z9lr aa/Pg ever 4 cr - rei mEmORAnDUm WilkTo Board Date November 19, 1986 COLORADO From Clerk to the Board subimt. Hearing Date for Extension of Termination Date of Weed Districts Pursuant to petitions received from the following Weed Districts, a hearing date must be scheduled concerning the Extension of Termination Dates: New Raymer-Stoneham Pest Control District St. Vrain Pest Control District Johnstown Pest Control District Windsor-Severance Pest Control District Milliken-La Salle-Kersey Pest Control District We recommend that the hearing to consider all of the petitions be scheduled for Monday, December 8, 1986, at or about 9:30 A.M. Thanks, 861120 RESOLUTION RE: APPROVE GAS DIVISION ORDER FROM MGF OIL CORPORATION, SUITE 900 , COLUMBINE PLACE, 216 16TH STREET MALL, DENVER, COLORADO 80202-5123 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 MGF Oil Corporation, and WHEREAS, said lease covers land more particularly described as follows: Township 4 North, Range 61 West, 6th P.N.. Section 32: North I4 Weld County, Colorado WHEREAS, MGF Oil Corporation has submitted a Gas Division Order on the subject property, and WHEREAS, Weld County is entitled to a one-eighth royalty interest on production, and WHEREAS, in order to receive said royalty interest, weld County must execute said Division Order, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, said Division Order has been reviewed by the Weld County Attorney, Thomas O. David, and found to be in order, and WHEREAS, the Board deems it advisable to approve said Division Order on the parcel of land described herein. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Gas Division Order as submitted by MGF Oil Corporation , Suite 900 , Columbine Place, 216 16th Street Mall, Denver, Colorado 80202-5123, or. the hereinabove described parcel of land be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Division Order. 861116 Page 2 RE: DIVISION ORDER - MGF OIL CORP. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of November, A.D. ,/f 1986. ` BOARATTEST: O,,cy 0^%,,A.;“1 LDDCOn;TY,OF COLORADO COMMISSIONERS OO DO Weld County Clerk and Recorder and Clerk to the Board Ja qu n J son , ' airman sy G77%rr YJ t��r� Go . s�N.:cy, �" �✓ m Deputy County Jerk APPROVED AS TO FORM: ene R. Brantner EXCUSED DATE OF SIGNING- AYE CC.W. irby County Attorney �Gjf1 Frank Yamag 861116 AR2C77769 OWANC13 GAS DIVISION ORDER TO MGF LEASE, 403079-0 Oil-CORPORATION October 28, 1986 DATE The undersigned.and each of us,guarantee and warrant that we are the legal owners of our respective mcrests k?th)t )pro40eZelQh t in the proceeds derived from the sae of gas from the MGF Hooper #11-32 lease or unit located in the County or Parish of Weld . State of Colorado described as: Township 4 North, Range 61 West , 6th P.M. Section 32: North 1/2 Eltecoyc m 7:00 A.M. ftWOMeind Au9ns t 1 _ )q86 for gas-and until further written notice, you are authorized to sea ,cd deliver to the purchaser the production from the wells located on said lands and to collect ail the proceeds from the purchaser and to distribute and pay such proceeds(less any applicable processing,transportation or other charges necessary to the marketing of such production,and any tax levied and assessed by any governmental authority) to the respective owners as shown and in the proportions as follows: OWNER NO. CREDIT TO DIVISION OF INTEREST DECIMAL 94740 Weld County 160/320 of 1/8 RI .0625000 82100 Eirene G. Shields and 1/6 of 160/320 of 1/8 RI .0104167 J. Vincent Shields, as Tenants in Common 82100 Eirene G. Shields and 5/6 of 160/320 of 1/8 RI .0520833 J. Vincent Shields, as Joint Tenants 53460 MGF Oil Corporation 15/16 of 7/8 WI .8203125 77750 A. A. Rippy & Bonnie J. Rippy, as Joint Tenants 1/16 of 7/8 WI .0546875 B 1136 WC 02077769 11/20/86 11:36 $0.00 1/002 F 0163 MARX ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO All covenants appealing on the reverse side hereof are incorporated herein by reference and the undersigned agree that each shall be deemed and°mnsidered an essential part of this division order in like manner and with the same effect as if printed above our signatures. The undersigned expressly waive any claim against you for any and all amounts which may be due us from others for production prior to the effective dare hereof. Owners Sign Below Taxpayer Identification No. or Signatures of Witnesses - - (Enter Mailing Address) Social Security Number ATTEST: / ^s Weld County e , 84-6000-813 • Chats n Add, th treat _p n Rnv 758 eputy gtq e l ! ),�•` Greeley, Colorado 80632 Address:_ ORIGINAL The tallowang covenants are also a part of this division order and shall become valid and binding upon the undersigned,and upon the sucgssuts;kgdlepresen- tamyes and assigns of the undersign's interest, without regard to whether any other interest owners have so signed. FIRST: The word -'OIL- as used herein is hereby declared to include,but is not limited to,condensate and all liquid hydrocarbons produced and saved hereunder. The word"GAS"as used herein is hereby declared to include,but not limited to.all gaseous substances including oil well gas icasmgrsesd gas;produced 1\: and sold hereunder. SECOND: Ott shall become the property of the purchaser,or its designated carrier or agent. upon actual delivery. The oil shall be computed hr quantity and quality. making corrections for temperature and deductions for impurities. according to the customs and prevailing practice in effect a: the tune and place of delivery yal subject to the rules and regulations prescribed by any governmental autnoriry having jurisdiction in the premises. If purchased by you.settlement shall be based upsn your posted or quoted price per barrel (42 U.S. gallons) in effect on delivery date of oil of the kind and quality for the field where produced. You are authorized to reduce such price by any charges for transporting oil by pipeline.truck andior barge and any treating costs which,in your or the purchaser's opinion. - arc necessary to malt the oil metchantable. If oil is said by you to another purchaser. settlement shall be based an the net proceeds realized at the well from such sale,after deducting any costs for transporting or treating oil for delivery. The oil produced from the lease or unit may be metered off the lease.Should the oil produced front any formation under this proper. be commingled with other oil.whether such other oil be produced from one or more formations having different ownership under this property Or under any other lands,the commingl- ed oil sold hereunder shall be deemed to be the interest of the undersigned in that portion of the total commingled oil delivered which is allocated to this property on the basis of the formula prescribed by the operators of the leases covering the formations or[tracts of land involved and the data supplied to you with respect thereto. and you are authorized to accept such information, rely upon the vane and make settlement hereunder on the basis of the quality and gravity of such commingled oil so allocated. THIRD: Settlement for gas sold shall be made in accordance with the terms of any present or future gas sale contract covering gas from this property.after deducting any cost incurred in compressing,treating,transporting andior dehydrating the gas for delivery. Where the gas is sold subject to price regulation by govern- mental authoriry,the basis for determining net proceeds realized or market value at the well hereunder shall not exceed the price approved by such authority,provided that if a refund of a portion of the proceeds derived from the sale of the gas may be required under any statute order, rule or regulation of the governmental body having jurisdiction thereof,the price for gas shall be calculated on the basis of the unsuspended and/or unconditional price for such gas.You acre authorized to hold, without interest, the portion of proceeds subject to possible refund until the amount of the refund, if any, is finally determined. If any refund is required, you arc authorized at make such refund out of the proceeds withheld by you pursuant to this paragraph.In the event you may make,or have r.ade,payments to the undersigned which are Witt to be subject to a refund,as consideration for your making such payments,the undersigned agrees to make prompt repayment of all such refund amounts. interest and other charges from subsequent paytncros due to the undersigned or from other sources. FOURTH: Payment shall be made monthly by check mailed to the undersigned at the addressor addresses stated,for our respective interests tin the net proceeds received by you for the oil production and/Or gas sales:provided that if,at any time, the payment due on our respective interests shall be less than twenty dollars ($20.00)you may defer such payment, without interest, until such amount payable equals or exceeds the sum of twenty dollars(520.00) in which event, payment shall be made at the next regular settlement date or in any event the payment shall be made with the last remittance for the applicable calendar year. You arc hereby authorized to withhold from the proceeds of any and all soles made hereunder,each interest owner's proportionate share of any lax levied and assessed by any govern- mental authority on the production sold and purchased hereunder and to pay the same on our behalf. FIFTH: Satisfactory abstract or other evidence of title will he furnished to you at any time upon demand. Upon failure to furnish such evidence of title if requested,or in the event of a claim or controversy which, in your opinion,concerns title to any interest hereunder,you may withhold.without interest and without liability,proceeds of all production sold and purchased hereunder until you have been furnished with an indemnification commitment satisfactory to you or competent evidence that such claim or controversy has been settled. In the event any action or suit is filed in which an undersigned owner is a party and which affects tide to either the real property described herein or to the production therefrom.written notice thereof shall be immediately tarnished to you storing the court and court action number under which it is tiler The undersigned agrees TO hold you harmless and to protect and indemnify you against any and all loss.cost, expense or liability which may an>e from such suit. SIXTH: No transfer of any interest or change in the right to receive payments hereunder, however accomplished.shalt be effective as to you until 7:00 A.M.on the first day of the calendar month in which you are furnished a properly executed division or transfer order together with proof satisfactory to you evidencing such transfer or change in the right to receive payments hereunder.You are hereby relieved of any and all liability for payments made prior to receipt of a property executed monster order and a certified or recorded copy of the instrument of transfer. You shall have no responsibility for determining if and when any interest stated shall or should tm:ranate, revert to or become vested in other parties. Any of the undersigned whose interests terminate, revert of become vested in other parties. shall deliver to you notice in writing upon the occurrence of such termination. reversion,or vesting of ownership to other parties,and shall execute transfer orders properly evidencing such occurrence. SEVENTH: This division order shall remain in full force and effect until cancelled by any party hereto upon giving thirty(30)days written nice m advance of any such cancellation which notice shall be mailed to the respective parties at the addresses shown herein.Cancellamon by any interest owner or owners shall not be effective as to the interest of any other owner. The provisions hereof shall be binding upon and inure to the benefit of all parties who execute this instrument. their heirs,successors,and assigns,whether or not all owners listed above execute same.A counterpart hereof may be executed by any party or panics and all Counter- parts so executed shall be considered as one Original instrument. EIGHTH: If all or any part of the above described property is included in a pooled unit hereafter, then as to each undersigned party who has agreed to or is bound by such unit,this division order shall cover and be applicable to the unitized minerals which, in accordance with the terms of die instrument or marurnenrs pursuant to which such unit has been established.are allocated to the above described property,and payment hereunder to such undersigned party shall be computed on such allocated minerals in accordance with the interest credited to such party herein. B 1136 REC 02077769 11/20/86 11 : 36 $0. 00 2/002 F 0164 MARY ANN FEUERSTEIN CIE RK & RECORDER VELD CO, CO _ '4 • w _ o a 4$) on i m w a N QEQ ,_ E D 0 0 W O O _ Cox o "\0'J a-1 a `\ O E D - Gx., ri •D Z _ - _ - U' .-1 w - CAN q ._ -4, uce-.c:'o e• .5(' S86 Cu'lr "C0St two,Sd a I il-11 b I I ftfl Lfl �, I � �= 0A. I2 ` 1 m o C $ # Q ^ " 0 b 0 az � C87 t x Yv o Qom- II: 1. C Sii ' lii' hH � xmx ! I i pplltflc nm'Rein re nwariesi,arttie*ails he -77 --Ve a • OIL CORPORATION ROCKY MOUNTAIN DIVISION O w-a a • Suite 900 • Columbine Place • 216 Sixteenth Street Mall • Denver,Colorado 302025723 • (303)( OGQ r77— jU October 28, 1986 Weld County 915-10th Street Greeley, Colorado 80632 Re: Hooper #11-32 Weld County, Colorado Gentlemen; Please be advised that effective August 1, 1986 MCP Oil Corporation will be disbursing gas revenue for the above captioned well. I have enclosed for your execution our gas division order. Please review the document and if you are in agreement sign in the space provided being sure your signature has been witnessed and/or attested by two parties. Also please insert your Social Security and/or Tax Identification Number in the space provided and verify that your address as shown is to where payments should be sent. The original should be returned to this office and the copy retained for your files. If you have any questions, please give me a call. Very truly yours, HGF OIL CORPORATION Lynn A. Tibbe Division Order Analyst Enclosure: /LAT 861116 RESOLUTION RE: APPROVE PRELIMINARY PLAN FOR SUBDIVISION - MARTIN AND WILMA J. OASE 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 the 19th day of November, 1986 , a Preliminary Plan for a subdivision was submitted to the Board of County Commissioners by martin and Wilma J. Oase for approval in accordance with the Subdivison Regulations of Weld County, Colorado, and WHEREAS, the Preliminary Plan concerns the following described real estate, to-wit: Nh NE; of Section 11 , Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, the Board of County Commissioners, having reviewed the record, including the recommendation of the Planning Commission and the Planning staff, heard all of the testimony and statements of those present, is satisfied that the submitted Preliminary Plan conforms in all respects with the requirements of Section 5 of the Weld County Subdivision Regulations, and that approval of said Preliminary Plan would be in the best interest of Weld County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the subdivision Preliminary Plan submitted by Martin and Wilma J. Oase be, and hereby is, approved subject to the applicants complying with the following conditions, which shall appear as notes on the recorded plat: 1 . The Wilmar Subdivision shall consist of only 13 lots. 2. Engineering studies shall be performed to predetermine the location of leach fields for each lot. The final plat shall reflect the engineered design location of the leach fields. 861122 Page 2 RE: PRELIMINARY PLAN - OASE 3. The septic system for each lot shall be restricted to the engineered predetermined capacity, maximum square footage, and the maximum flow. This information shall be reflected on the final plat for each lot in the subdivision. 4. The developer shall provide evidence of a commitment to abandon the existing septic systems and connect to a municipal system as soon as it becomes available to the subdivision. 5. The developer/owner shall petition to be included into the Dacono Sanitation District. Evidence of the petition shall be included in the final plat application. 6. The developer shall provide for the installation of fire hydrants within the subdivision and along Weld County Road 12, the number and location shall be determined by the Longmont Fire Protection District. Hydrants shall be installed and in service prior to the issuance of building permits on said lot. 7. A six or eight inch diameter water main to provide a looped service shall be installed when required by the Longmont Fire Protection District. 8. The final plat application shall include a letter of agreement from Left Hand Water Supply Company regarding adequate water supply for fire protection. 9. Prior to the issuance of building permits, site plans shall be reviewed and approved in accordance with Section 23 of the Weld County Zoning Ordinance. 10 . A Geologic Hazard Overlay permit shall be obtained for Lots 4 and 5 , Block 1, prior to the issuance of building permits. 11. A soil erosion control plan which has been reviewed and approved by the Boulder Soil Conservation District shall be submitted with the Final Plan application. 861122 Page 3 RE: PRELIMINARY PLAN - OASE The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of November, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS ATTEST: i r �cJ✓�/�t�ri/ WELD COUNTY, COLORADO Weld County C erk and Recorder and Clerk to the Board KJ cqu i Jo so C airman -c--71:T-1 Go - c Tem D puty County erk APPROVED AS TO FORM: ene . Br n ner EXCUSED DATE OF SIGNING - AYE C.W. Kirby County Attorney Yam c 861122 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ann Garrison 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 NUMBER: S-264:86:9 NAME: Martin and Wilma J. Case ADDRESS: 4784 Weld County Road 12, Erie, Colorado 80516 REQUEST: Subdivision - Preliminary Plan LEGAL DESCRIPTION: N} NE} of Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 mile west of Dacono; south of Weld County Road 12 and west of Weld County Road 11 be recommended unfavorably to the Board of County Commissioners for the following reasons: Based on the fact that the Weld County Comprehensive Plan has suggested that the best kind of economic growth is economic growth that borders current cities or towns and this particular subdivision would not border any city or town. Motion seconded by Paulette Weaver. VOTE: For Passage Against Passage Lydia Dunbar Lynn Brown LeAnn Reid Ivan Gosnell Louis Rademacher Paulette Weaver Ann Garrison Jack Holman 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. 361122 S-264:86:9 Martin and Wilma J. Oase Page 2 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 November 4, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 5th day of November, 1986. Bobbie Good Secretary November 4, 1986 CASE NUMBER: S-264:86:9 NAME: Martin and Wilma J. Oase ADDRESS: 4784 Weld County Road 12, Erie, Colorado 80516 REQUEST: Subdivision - Preliminary Plan LEGAL DESCRIPTION: N} NEI of Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 mile west of Dacono; south of Weld County Road 12 and west of Weld County Road 11 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 5-1 of the Weld County Subdivision Regulations. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 5-4 of the Weld County Subdivision Regulations. The Central Weld County Water District has committed to provide the water supply to the Industrial Subdivision. The water supply system shall be provided, consistent with the requirements of Section 8-10 of the Weld county Subdivision Regulations, pursuant to the public water supply systems and fire safety requirements. The site has been determined to be suitable for individual septic disposal systems by the Weld County Health Department. This determination is conditional on the following items: 1. A reduction from 19 to 13 lots. 2. Engineering studies to predetermine the locations of the leach fields on each lot. 3. A specific restriction of septic system capacity, type and maximum square footage and therefore, maximum flow for each specific lot. 4. A commitment to abandon the existing septic systems and connect to a municipal system as soon as it becomes available to the subdivision. The septic systems shall be installed consistent with the requirements of the Weld County Individual Sewage Disposal System Regulations and Section 8-9 of the Weld County Subdivision Regulations. • 4 S-264:86:9 Martin and Wilma ease Page 2 The site's soil is comprised of Kim Loam, Nunn Clay Loam, and Ulm Clay Loam, which is classified as prime farmland by the Boulder Valley Soil Conservation District. The proposed subdivision will not create soil erosion, soil instability, or reduction in the capacity of the land to hold water so that it results in an unstable, unhealthy, or dangerous condition affecting human life or structures. The industrial uses within the subdivision shall comply with all state and County Health Department Regulations pertaining to air emission. The proposal will not cause unreasonable highway congestion. Don Carroll, Weld County Engineering Department, has reviewed this proposal and has set forth no objections in a memo dated July 25, 1986. Based upon the application materials and referral responses, the proposal will not place an unreasonable burden on the school district, governmental services providing water, sewage, fire, police, hospital, or solid waste disposal. The Tri-Area Planning Commission has reviewed this request and recommends approval. The proposal will not have an undue adverse affect on the scenic or natural beauty of the area and does not affect a historical site or a rare natural area. 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 Wilmer Subdivision shall consist of only 13 lots. 2. Engineering studies shall be performed to predetermine the location of leach fields for each lot. The final plat shall reflect the engineered design location of the leach fields. 3. The septic system for each lot shall be restricted to the engineered predetermined capacity, maximum square footage, and the maximum flow. This information shall be reflected on the final plat for each lot in the subdivision. 4. The developer shall provide evidence of a commitment to abandon the existing septic systems and connect to a municipal system as soon as it becomes available to the subdivision. r r S-264:86:9 Martin and Wilma Oase Page 3 5. The developer/owner shall petition to be included into the Dacono Sanitation District. Evidence of the petition shall be included in the final plat application. 6. The developer shall provide for the installation of fire hydrants within the subdivision and along Weld County Road 12, the number and location shall be determined by the Longmont Fire Protection District. Hydrants shall be installed prior to any construction. 7. The proposed subdivision shall include a new eight (8) inch diameter water main to provide a looped service when five lots ; . , have been developed, or within two years, whichever may occur first. 8. The final plat application shall include a letter of agreement from Left Hand Water Supply Company regarding adequate water supply for fire protection. 9. Prior to the issuance of building permits, site plans shall be reviewed and approved in accordance with Section 23 of the Weld County Zoning Ordinance. 10. A Geologic Hazard Overlay permit shall be obtained for Lots 4 and 5, Block 1, prior to the issuance of building permits. Conditions 1 through 10 shall appear as notes on the Preliminary Plan recorded plat. Prior to the Board of county Commissioners hearing, the applicant and/or developer shall provide evidence that the Colorado Geological Survey review fee of $135.00 has been paid. The final plat shall include the required utility service statement with all appropriate signatures. /1. attlitd -_ ,� S-264:86:9 Martin and Wilma Oase 6. The developer shall provide for the installation of fire hydrants within the subdivision and along Weld County Road 12, the number and location shall be determined by the Longmont Fire Protection District. Hydrants shall be installed and in service prior to the issuance of building permits on said lot. 7. A six or eight inch diameter water main to provide a looped service shall be installed when required by the Longmont Fire Protection District. // _ - _ n August 12, 1986 '/Weld County Board of County Commissioners 915 - 10th Street Greeley, Colorado 80631 Weld County Planning Commission 915 - 10th Street Greeley, Colorado 80631 Re: Case No. S-264:86:9 Martin and Wilma J. Oase: Applicants Subdivision-Preliminary Plan Township 1 North, Range 68 West Section 11: N/2NE/4 Ladies and Gentlemen: Champlin Petroleum Company owns the oil and gas which underlies the N/2NE/4 of Section 11, Township 1 North, Range 68 West, Weld County, Colorado, which is the subject of the above-referenced application for a subdivision preliminary plan. I note further that Champlin currently has two wells which are located on the property which is the subject of the application. I understand from a telephone conversation on August 12, 1986, with Gloria V. Dunn, Planner for the Weld County Department of Planning Services, that the acreage which is the subject of the application includes approximately 80 acres and is currently zoned 1-3 (Industrial) . As you are probably aware, the Weld County Zoning Ordinance provides in Section 34.4.2.7 that oil and gas production facilities are a use by right within the I-3 district. In my telephone conversation with the applicant, Mr. Martin Oase, I have determined that the applicants do not intend to interfere with Champlin's rights to produce oil and gas which is located on the property and that they have provided in their preliminary plan for Champlin to have access to its drillsites and production • Weld County Board of County Commisioners Weld County Planning Commission Ausust 12, 1986 Page 2 facilities. Representatives from Champlin have met with a consultant for the applicants and they have determined that the access routes and easements which are included in the preliminary plan are acceptable to Champlin. In that the applicants have agreed that they will not interfere with oil and gas operations or production facilities on the property, it appears that Champlin' s rights to develop its oil and gas will not be substan- tially affected by the approval of the preliminary plan for the subdivision, and, therefore, Champlin does not object to the application. I wish to note, however , that the oil and gas estate is the dominant estate and that Champlin wishes to preserve all the rights that it has to drill for oil and gas and to produce the oil and gas which is located under the acreage in accordance with government rules and regulations. Very truly yours, Molly Sommerville MS:jaj cc: W. 'D. Lancaster T. W. Lindquist R. M. Moss Dave Brody - Amoco Rocky Mountain Consultants Martin Oase AGREEMENT AND COVENANT REGARDING SEWER SERVICES 1. PARTIES. The parties to this Agreement are MARTIN OASE and WILMA J. OASE (hereinafter referred to as "the Oases") , and the COUNTY OF WELD, DEPARTMENT OF HEALTH (hereinafter referred to as "County" ) . 2. RECITALS AND PURPOSES. The Oases own the real property described in paragraph 3 below, and desire to develop such in accordance with Weld County Zoning and Subdivision Regulations. In the absence of services provided by a sanitation district, the Oases propose that sanitation needs be met by the installation of individual septic systems. The County recognizes that sanitation district service, while desirable, is not available at this time, but the parties agree that to protect the public health, the Oases shall , within ten days of final plat approval , petition for annexation to the Dacono Sanitation District and the individual systems shall be abandoned in favor of sanitation district service as soon as such service becomes available. The purpose of this Agreement is to set forth the terms of that agreement. 3. REAL PROPERTY. The property that is the subject of this Agreement is legally described as follows: WILMAR SUBDIVISION, N-1/2 of NE-I/4 of Section 11, Township 1 North, Range 68 West, Weld County, Colorado. 4. OASES' AGREEMENTS. 4.1 The Oases agree to submit a petition for inclusion into the Dacono Sanitation District within ten days of the final plat approval . In addition, the Final Plat shall not be recorded until such petition is submitted. 4.2 The Oases agree that when the lines of a sanitary sewer system, which is capable of serving the needs of the property, come within 400 feet of the boundaries of the property, the property shall be connected to said lines, concurrently abandoning forever the individual septic systems in place. For the purposes of Section 32-1-1004(1)(a), C.R.S. , the parties acknowledge that this require- ment is necessary for the protection of public health. Further, the Oases acknowledge that although this statute requiring connection applies only to special districts, this commitment to abandon and to connect to a sewer system, is made regardless of the governmental entity that is operating the sewer system. The parties acknowledge that the duties hereunder require coordination and planning. Affirmative steps to connect to a sewer system must be made within 20 days of a notice given by the sanitation system that the lines are within 400 feet. Affirmative steps include, but are not limited to, the purchase of taps, engineering and other planning work. . 7r) 5. ENFORCEMENT. The parties agree that breach of this Agreement shall cause damage that cannot be adequately determined and addressed by monetary recompense; therefore, it is expressly agreed that this Agreement shall be specifically enforceable in a court of law or equity by injunctive or other equitable relief. 6. COSTS. Any owner of any lot or parcel of land in the Wilmer Subdivision shall be responsible for the tap fees and construction costs for connecting his or her lot or parcel to the sewer lines. In addition, should main lines be laid throughout the subdivision, such that individ- ual owners may connect to them, the owners of each lot shall share equally the expense thereof. The Oases shall only bear the costs for the land still owned by them. 7. BINDING EFFECT - COVENANT RUNNING WITH LAND. This Agreement shall inure to to the benefit of, and be binding upon, the parties, and their respective legal representatives, successors, and assigns. Oases intend to sell and convey the individual lots in the development and this Agreement constitutes a covenant running with land, binding all subse- quent purchasers. A copy of the Agreement shall be recorded in the records of the Weld County Clerk and Recorder. 8. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail , postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mail . 9. DELAYS. Any delays in, or failure of, performance by any party of his or its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party. 10. PARAGRAPH CAPTIONS, The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 11. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 12. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any provision of this 2 Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. 13. WAIVER OF BREACH. The waiver by any party to this Agreement of a breach of any tern or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 14. GOVERNING LAW. This Agreement shall be governed by the laws of Colorado. DATED: , 1986. Martin Oase • Wilma J. Oase COUNTY OF WELD, DEPARTMENT OF HEALTH By Title STATE OF COLORADO ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 198 by Martin Oase and Wilma J. Oase. Witness my hand and official seal . My commission expires: . Notary Public r nee STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 198 by as of the County of 'Weld, 5epartment of Health. Witness my hand and official seal . My commission expires: Notary Public SDF:bs AGMT3 111486 111886(a) 4 STATE OF COLORADO ) BEFORE THE BOARD ) ss. OF DIRECTORS OF THE COUNTY OF WELD ) DACONO SANITATION DISTRICT PETITION FOR INCLUSION 1. Martin Dase and Wilma J. Oase are fee owners of one hundred percent of the following described real property which is, or will be in a rea- sonable time, capable of being served by the Dacono Sanitation District. 2. The legal description of the property sought to be included under this Petition is attached hereto as Exhibit A. 3. Martin Oase and Wilma J. Oase assent to the inclusion of the above- described property into the Dacono Sanitation District and pray that the Board of Directors of said District grant this Petition after public notice and hearing as provided by law. CoPY Martin Oase Wilma J. Oase Address: 4784 Weld County Road 12 Erie, Colorado 80516 Telephone: 654-0867 The foregoing Petition for Inclusion was acknowledged before me this day of , 198 by Witness my hand and official seal . My commission expires: Notary Public SDF:bs SDFD 111886 I:'CENTCR'1 OF ITEMS SUBMITTED FOR CONSIDERATION Case Number < _e ( J , g'10 ,, 9 Submitted or Prepared Prior to Hearing At Hearing 1. Application Pages / 2. _14D__ / — Appiication. plat(s) / page(s) 3. DPS Referral Summary Sheet t.' ' ..---- /Pi v 4. DPS Recommendation ' 5. DPS Surrounding Propery Owner `:ailing List { 6. DPS Mineral Owners Mailing Listi'''/A://'...--- l7. 3 DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing v r/ : 9. DPS Case Summary Sheet ��-- 10. DPS Field Check • J • 12.• _,_r ,_ J.c-J--- '-rte. _j ; , /.1.2?'„ -, t/ 13. ,'",i2).e__ ,,:‘:''),-I Gel ,, 'y3 G C, fL O---C; I,,, �..� ; % v 6",. /..,40,:m., < -_U 14. ; it 6 /a5.',� /° c L, 7 } 16. is it d Y7/ /9 :fe1 %1 '.'.-:lJ� —ge /' / 17. 1/ // �"U,B CO LS� i�D''�.r- }✓..C�.? C Y-o,r'R/rJ11<_ J G r • C/rt____.------- 18.,', 7-,,1/2i, _.,.O f,n. /7 /,:; ..� (./_'-e_;_ -•_&, 19. -=<.. 0..O2J ci / '- 1 / / :0'�1. `s . /- >' 5. , /i // y>.e G..;"O � 'd>≥-- ��/ - re.,-,�� f/ 20 t: ;,. > ,,t {_' / ADD w . ' /J 2. _!� (;^f)4-;..7.‘ .". hereby certify that the 4:2 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that tlyese items wer forwarded to the Clerk to the Board's office on /1 ie 19 (p. o7-/Si AO1 ,01- Current Planner STATE OF COLORADO ) ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 13 ' DAY OP yre,iw.)& s., 19%C, , SEAL te\ oa� - N ,ARY PUBLIC NY COMMISSION EXPIRVS • - - ._ ✓` '3 (i ✓ i .J rf J✓ V ! `-� ./, ��/7 ✓ ;� �� // po, (( /l ^2� Summary of the Weld County Planning Commission November 4, 1986 Page 5 CASE NUMBER: S-264:86:9 APPLICANT: Martin and Wilma J. Oase REOUEST: Subdivision, Preliminary Plan LEGAL DESCRIPTION: Ni NEi of Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 mile west of Dacono; south of Weld County Road 12 and west of Weld County Road 11 APPEARANCE: Jennifer Rodriguez, Planning Consultant, Rocky Mountain Consultants, represented the applicants. This property is currently zoned Industrial Three. The applicants have changed the lot configurations from nineteen to thirteen lots partly in response the the 1?ealth Department's recuirements to allot, each lot to be large enough to handle individual septic systems until the applicants can go onto a public sewer system. The final plat will locate the individually engineered septic systems. They have met with the Dacono Planning Commission, Town Board, and Sanitation District. This property is in Dacono's town growth plan and if annexed, they can go onto the sewer system. They will comply with all recommendations made by the Dacono Fire Department. They are in full agreement with the staff's recommendations, acd conditions with the exception of #7. Central Weld County Water District has guaranteed water for five or six lots for a perioc of two years. Wes Potter reported lots sizes were figured for each pre-engineered septic system. Therefore the types of industrial uses that can go into this subdivision will be limited to what each individual septic system can handle. Tape 254 - Side 2 • AMENDMENT: Paulette Weaver moved the applicant work out a conservation plan with the Soil Conservation Service before they can go to the Board of County Commissioners with a Preliminary Plan. Motion seconded by Ann Garrison. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. Lee Morrison reported he had spoken with the applicant's course'. They discussed concepts and not proposals. • Summary of the Weld County Planning Commission November 4, 1986 Page 6 The Chairman called for discussion from the members of the audience. There was none. The Chairman asked that reading of the staff's recommendations and conditions be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Ann Garrison moved Case Number S-264:86:9 for Martin and Wilma J. Oase for a subdivision preliminary plan be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for denial based on the fact that the Weld County Comprehensive Plan has suggested that the best kind of economic growth is economic growth that borders current cities or towns and this particular subdivision would not border any city or town. 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. Lydia Dunbar - Yes; Lynn Brown - Yes, and in addition to the reasons cited, she has a great deal of concern about the proliferation of additional septic systems in an area like this. LeAnn Reid - Yes; Ivan Cosnell - Yes; Louis Rademacher - Yes; Paulette Weaver - Yes; Ann Garrison - Yes; Jack Holman - Yes, for all of the reasons already stated. Motion carried unanimously. CASE NUMBER: USR-764:86:45 APPLICANT: Monfort of Colorado REQUEST: Use by Special Review permit for an agricultural service establishment (expansion of corporate complex) LEGAL DESCRIPTION: Part of the NU! and part of the NE} of Section 30, T6N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 mile north of Greeley City Limits; north of Weld County Road 64 and west of U.S. Highway 85 APPEARANCE: Kay Norton, Associate General Counsel, Monfort of Colorado, represented the applicants. This is Monfort's Corporate Headquarters and has previously been a nonconforming use. Any expansion of a nonconforming use requires a Use by Special Review permit to be taken cut and that is why they are here. The expansion is less than ten percent of their space and will include four new employees. This will be used primarily by computer services. The building is nearly completed. They applied for the building permit and were told they LAND-USE APPLICATION SUMMARY SHEET Date: August 12, 1986 CASE NUMBER: S-264:86:9 NAME: Martin and Wilma Oase ADDRESS: 4784 Weld County Road 12, Erie, Colorado 80516 REQUEST: Subdivision - Preliminary Plan LEGAL DESCRIPTION: Ni NE} of Section 11, TIN, R68W of the 6th P.M., Weld County, Colorado LOCATION: Approximately .75 mile west of Dacono; south of Weld County Road 12, and west of Weld County Road 11 SIZE OF PARCEL: 80.479 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this application is listed in Section 5-4 of the Weld County Subdivision Regulations. I-3 (Industrial) zoning currently exists on the property. The applicants wish to subdivide the site into 16 lots ranging in size from 2.4 acres to 20 acres. A portion of the site is located within a geologic hazard subsidence zone. The Department of Planning Services has not yet received referral responses from the County Health Department and the Colorado Geological Survey. Copies of recommendations from the Longmont Fire Protection District, Boulder Valley Soil Conservation District, and County Engineering Department are attached for your consideration. The applicant has submitted correspondence addressed to Central Weld County Water District and the Longmont Fire Protection District (dated August 5, 1986) and Left Hand Water Supply Company (dated August 6, 1986) in order to demonstrate that progress is being made in obtaining an adequate water supply to serve the site. The Department of Planning Services has received one inquiry and no objections from surrounding property owners regarding this proposal. DEPARTMCNT OF PLANNING SERVICES 3 : l • ?g PHONE(303)356-4000 EXT.4400 F 9'.5 tOth STREET !:' ,l GREELEY.COLORADO 50631 :414s C. COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on August 19, 1986, at 1:30 p.m. to review a request for approval of a preliminary plan for a Subdivision in the 1-3 (Industrial) Zone District from Martin and Wilma J. 0ase on a parcel of land described as Ni NE} of Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado, containing 80.479 acres, more or less. The property is located appro::'_mately .75 mile west of Dacono, south of Weld County Road 12, and west of Weld County Road 11. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted 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 August 19, 1986. 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, Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by July 31, 1986 Received by: vd-optc Date: 7/ 21/ 2 t � _ , FIZID CHECK FILING NEMMER: S-262:86:7 DATE OF INSPECTION: April 22, 1986 NAME: Martin and Wilma Oase REQUEST: Sketch Plan for a proposed 16 lot subdivision in an Industrial-Three (I-3) Zone district LEGAL DESCRIPTION: Part of the Ni NEI, Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .75 mile west of Dacono; south of Weld County Road 12 and west of Weld County Road 11 LAND USE: N Weld County Road 12, farmland, oil and gas facilities E Weld County Road 11, industrial uses S Farmground W Salvage yard ZONING: N Agricultural E Industrial-Three S Agricultural W Agricultural COMMENTS: Accesses are to Weld County Roads 12 and 11, gravel-surfaced roads. Existing businesses are as shown on the plat. Unoccupied land on the site is irrigated pasture. Four residences are within one-fourth mile of the property. By: Gloria . Dunn Curre Planner • -- , --_ _ _ _�t _•pn .P'��• r. O 4 1 „' SE�, f; — :' '. =�• x.( �/- � ,a �/ F• 1 ��(I./x' F ti C _ I •yeti_ • .G• p• •"r� r• • i• ••L n i °E J 1 >% C „ C r. »�� 3. 1. » \• 1 :..' i m Ll w i G•- - °• • 1 L �. V / • .i il_ ,__.ii •i i� ,.�-° t��C'. _ > • x • y• .v`•° i ` '\ i'L.�Y a •5•• a,,•i \° `t •• •GrC•w'4 . iI • :N.:-. • II -- •L• r G • x•7 l �--;_ •..c ., 1 �. 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Case CASE NUMBER: S-264:86:9 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: August 11, 1986 NO SR NR NO SR NR X Weld County Health Dept. X Engineering Department X Tri Area Planning Commission c/o Rebecca Marker P.O. Box 363 / Frederick, CO 80530 Y X Louis J. Rademacher Weld County Planning Commission 13184 Weld County Road 13 / Longmont, CO 80501 '�/ X Longmont Soil Conservation District 9595 Nelson Road Box D Longmont, CO 80501 V X Longmont Fire Protection District c/o Captain Wm. Emerson 9119 Couuty Line Road Longmont, CO 80501 V X Weld County Sheriff's Department T c/o Rick Dill X Colorado Geological Survey , c/o Lou Ladwig 1313 Sherman Street - Room 715 Denver, CO 80203 NOallo Objection SRm.Specific Recommendations NRallo Response p gYR)c ll3�`CiI 4K ill -1 FILING NUMBER: S-264.8. HIN DATE OF INSPECTION: K..— NAME: Martin and Wilma J. O. P1$ftTh“iomi 44 REQUEST: subdivision - Preliminary Plan LEGAL DESCRIPTION: ppN1 NE1 of Section 11, TIN, R68W of the 6th P.M. , Weld County LAND USE: N E t.---ez."-{"tesr---7-ag-Z4z-reci-01 d ZONING: N C, LOCATION: Approximately .75 mile west of E Dacono; south of Weld County Road 12 and west S O - of Weld County Road 11 W COMMENTS: BY �ig "re-a—ve 1 A Boulder Valley Soil Conservation District 9595 Nelson Road, Box 0 - Longmont,Colorado 80501 August 1, 1986 Ms. Gloria V. Dunn, Current Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Case Number S-264:86:9 - Martin and Wilma J. Oase Dear Gloria: The Oase proposed subdivision development is on Kim loam 1-3%, Kim loam 5-9%, Nunn clay loam 1-3%, and Ulm clay loam 3-5% slopes. The Kim loam 1-3% slopes and the Nunn clay loam are prime farmland. These two soil types make up approximately 75% of the land development area. There is no erosion control plan for dust control during and after construction. Wetting busy roads will help keep dust to a minimum during construction and permanent grass seedings along borrow pits of roads will eliminate excessive erosion after housing is completed. There are some construction limitations which will need special attention during construction. The Nunn clay loam has a moderate to high shrink- swell potential which may cause foundation cracks. The Ulm clay loam and the Nunn clay loam contain a lot of clay which may cause problems with basement construction. Also these two soil types have a slow permeability rate which will need attention if septic tank absorption fields are to be used for sewage disposals. Thank you for the opportunity to comment on this land development proposal. - If wa can be of any further assistance, please give us a call. - Sincerely, Barry L. Sinkey President BLS:rah 11 �I�I ,,U a °i '�s0 Weld Co. Non Zummissiou CONSERVATION - DEVELOPMENT . SELF-GOVERNMENT k`°wGM�1` Jr. ` LONGMONT FIRE PROTECTION DISTRICT i. `�� 9119 County Line Rd., Longmont, CO 80501 (303) 772-0710 .�°t�cnowe Davia sierwner Conran Hopp flicnara flicks Mike M°lubec.Jr. Felix Owen WI:bur Nun Fire Chiel Director Director Director Director Director June 30, 1986 Ms. Susan Ruptash, Designer Rocky Mountain Consultants . Inc . 500 Coffman Street, Suite 107 Longmont , CO 80501 Dear Ms. Ruptash, This letter will document our recent meeting regarding the Wilmar (0ase) Subdivision. As we discussed, the April 11 , 1986 letrer^to you from Central Weld County Water District (CWCWD) leads us to believe that a firm committrncnt to upgrade the existing water system is not likely in the near future. Therefore, we require an on site water supply of not less than 300, 000 gallons of water for fire protection. This supply source could be an elevated metal storage tank , gravity flow type or a ground level tank or an embankment supported, rubberized, fabric suction storage tank. All require automatic fire pumps , valves, etc. The water supply could still come from CWCWD. The water level in the tank must be maintained automatically with pipe size to fill The tank within eight hours. In addition, the covenants of the development shall require: 1 . Property owners to contact the fire district prior to any plans for development being submitted to Weld County Planning Department . 2 . All proposed changes in occupancy to a structure to be coordinated with the fire district , 3 . Structures to be protected by automatic sprinkler systems and standpipe systems , 4. Restrictions of occupancy to ordinary hazard and - below, 5. Building height to be limited to 35 feet or three stories , 6. Building construction types be limited to type I-FR, type 11-FR, II one hour, and type 1I1-one hour , 7. Floor area limitations to the requirements of the 1985 Uniform building Code Table S-C. Some of these restrictions are based upon the type of occupancy presently anticipated and could vary depending on individual occupancies in the development . Feel free tor-m - contact us again whenever you have comments or questions. D{1 �� / Sincerely, .•` ;l 99 1986 erfraic William R. Emerson Welb to. MA Commission Fire Marshal , LFP0 t • DEPARTMENT OF PLANNING SERVICES 1) k PHONE(303)356-4000 EXT. 4400 �yf 915 10th STREET 1001 A GREELEY,COLORADO 80631 wilk COLORADO CASE NUPSER S-264:86:9 July 21, 1986 TO WHOM IT MAY CONCERN; Enclosed is an application from Martin and Wilma J. Oase for a Subdivision - preliminary plan The parcel of land is described as the Ni NE} of Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .75 mile west of Dacono, south of Weld County Road 12, and west of Weld County Road 11. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by August 11, 1986, so that we may give full consideration to your recommendation. 1. xx We have reviewed this request and find that the request does (does/does not) comply with our Comprehensive Plan for the following reasons. Well planned usage of land and within guidelines of county ordinance and our compre- Fiensive plan . 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. A formal recommendation is under consideration and will be submitted to you prior to: 4. Please refer o the enclosed letter. Signed itt-hh-Agency: Tri -Area Planning Commission Secretary Date: August 6 , 1986 Thank you very much for your help and cooperation in this matter. 0 7i7Y-7 Gloria . Dunn AUG OT 1986 Curt n Planner Weld to. Planning tnstion S4W.. xdt tick .�\ \\ DEPARTMENT OF PLANNING SERVICES (4tE 114: c 3 - PHONE(303)3564000 EXT.4400 i - 9'.5 10th STREET I GREELEY,COLORADO 606310631 IR I� • 'f t.;. T O • COLORADO CASE NIMER S-264:86:9 July 21, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Martin and Wilma J. Oase for a Subdivision - preliminary plan The parcel of land is described as the N} NE} of Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has betn submitted is approximately .75 mile west of Dacono, south of Weld County Road 12, and west of Weld County Road 11. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by August 11, 1986, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. - 2. A formal recommendation is under consideration and will be mitted prior to 3. Ple e refer to the enclosed letter. Signed: �.;f, Ut1 1�yli/ //or.f l Agency: I i fry ;•Y4•,.k.. ' D 01_ 1986 Gloria V. Dunn Weld Cu. Planmaf ilummtss!ou Cu zren Planner ine � rre c.:0N /9-v,;14-,o Y ` , ta( I4vi oc& _ w 1 'Y3(X.� r�.rSk-: '741 CC date- cavcz'Le. yr RA,cn &a ado ciiso-` (a-Qd LrecAeuM , n (� n W- 1‘,.)-(1) (731 s-J �' �f, mEoRnDu tiv, Gloria V. Dunn WilkTo Current Planner Date July 25, 1986 COLORADO FTOM_ Donald R. Carroll , Administrative Manager - Enoineering Dept. Subject; Martin and Wilma J. Oase for subdivision - S-264_86:9 __A We have reviewed the preliminary plan and have no problems . In the final plat we would like the following items addressed: 1. The internal road cross section - is it going to be paved, gravel with shoulders, or borrow pit ditches with culverts at all accesses. 2. Applicant needs to address the access roads - upgrades leading to the property for upgrading and dust control with a road maintenance agreement. - 3. Culvert size 15" C.M.P. Min. at all accesses. 4. Water line out of roadway. Relocate to borrow pit or shoulder area. Taps to each lot. 5. Paving is required for public street. 6. A "Master Drainage Plan" that addresses retention will be required. Subsequent site plans that handle drainage in accordance with the "Master Plan" will be required for individual lots. DRC/bf ID� A sa -; L—\CIO ' .\ 973 I O L /LH' Weld Co. filannmg Lammis ioi DEPARTMENT OF PLANNING SERVICES ,,,,,y�� s PHONE(303)3564000 EXT.4400 ____..... 915 10th STREET ii";TI VI I GREELEY,COLORADO 8063: r Ji ei • COLORADO CASE NUMBER S-264:86:9 July 21, 1986 /Lt'fJ ,-xs '`,---------- TO WHOM IT MAY CONCERN: Enclosed is an application from Martin and Wilma J. Oase for a Subdivision - preliminary plan, The parcel of land is described as the Ni NEI of Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .75 mile west of Dacono, south of Weld County Road 12, and west of Weld County Road 11. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by August 11, 1986, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. lease refer to the refor to enclosed letter. 7 n Signed: 'k IAA-! + i��L'' ^' " Agency: Date: 7. x 5 bs� Gloria V. Dunn Curenf Planner Rocky Mountain Consultants,Inc_ 500 Coffman Street, Suite 107•Longmont.CO 80501•(303) 772-5282 ‘.•*. y3;Lk% Offices also located in Denver and Estes Park, CO•Denver line: 665.6283 August 5, 1986 Mr. Dale 0. Olhausen Central Weld County Water District 2235 2nd Avenue Greeley, Colorado 80637 RE: Wilmar Subdivision Dear Mr. Olhausen: Thank you for meeting with us yesterday concerning the Wilmar Subdivision. We wish to request your standard letter of commitment to serve. We would appre- ciate receipt of same prior to the August 14, 1986 Weld County Utility meeting. We would like to pursue your suggestion of a two phase program of improvements to the system. Phase I would involve the installation of a pressure regulating valve and flow meter at existing connection between CWCWD and Left Hand Water Supply Company at I-25. This would be regarded as a temporary measure. When a set number of lots have been developed (5 to 6), or within a limited time period (two years), the developers would be required to participate in the funding of a looped 6" main or renegotiate the District' s commitment to serve. Alternate approaches may become feasible should other development occur nearby. The developer's participation would be in the form of modified up-front Capital Improvement Fees rather than actual construction costs associated with the improvements. Engineering, design, construction and coordination of the improvements would be the District' s responsibility. We would appreciate your suggestions at this time regarding the contents of an agreement between CWCWD and the developers so that we may verify the Fire District' s support of the project. We have made initial contact with Left Hand Water Supply Company regarding the Phase I connection. We wish to clarify the number of taps likely to occur. Lot 1 , Block 1 (20 acre parcel ) has an existing tap that is adequate for their projected future needs. s iLn�b1 UG 07 1986 Weld Co. Planning Commission Page 2 Mr. Dale D. Olhausen Lot 8, Block 2 is currently (and proposed to remain) a storage yard and will not likely ever require water service. Thank you for your continued efforts to resolve these issues. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. 5Mtitil I +,�-� S.M. Ruptash SMR/cvr CC: Martin and Wilma Oase Captain William Emerson, Longmont Fire Protection District Terry Magnusen, Left Hand Water Supply Company Rocky Mountain Consultants,Inc. 500 Coffman Street Suite 107•Longmont,CO 80501-(303) 772-5282 ' ' 1` Oftces also located in Denver and Estes Park, CO.Denver line: 665-6283 August 5, 1986 Captain William Emerson Longmont Fire Protection District 9119 County Line Road Longmont, Colorado 80501 RE: Wilmar Subdivision Dear Captain Emerson: We met with Central Weld County Water District on August 4, 1986 and they have suggested the following course of action. PHASE I: Construct pressure regulating valve and meter at existing connection of the CWCWD 6" main to Left Hand Water Supply Company to allow water to automa- tically flow to subject property upon pressure drop. This is considered a tem- porary measure until approximately 6 lots are developed. PHASE II: Construction of a new (6" diameter minimum) main as shown on attached sketch to offer looped service to the site. CWCWD is currently preparing draft agreements outlining these improvements. We will forward same to you upon receipt for your comments. Thank you for your help- Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. 7�1" S.M. Ruptash SMR/cvr Enclosure )053,1-65-212777rt I r( hUU 0% 198o Weld Co. Planning emmissian • Rocky Mountain Consultants,Inc- ;':j'L. 7�4 500 Coffman Street,Suite 107•Longmont,CO 80501-(303)772-5282 Offices also located in Denver and Estes Park.CO.Denver line: 665-6283 •r.,. August 6, 1986 Ms. Terry Magnuson Left Hand Water Supply Company P.O. Box 210 Niwot, Colorado 80544 RE: Wilmar Subdivision Dear Terry: This letter follows your telephone conversation with John Cummings of our office regarding the Wilmar Subdivision near Dacono. PROJECT HISTORY PROJECT: Wilmar Subdivision, 80 acres, 16 lot industrial subdivision. OWNERS: Martin and Wilma Oase. LOCATION: Ni, NEI, 511 , TIN, R68W, Weld County, Colorado. - STATUS: Planning Commission to review Preliminary Plat on August 19, 1986. Anticipated final approval September 1986. WATER SUPPLY: Central Weld County Water District. CWCWO does not currently have good supply to the site. Future plans include installation of a looped main to improve service. Due to the high immediate Costs of the improvements, we are seeking a temporary interim solution to allow some lots to be developed prior to the main installation. We have met with Mr. Dale Olhausen of CWCWD and he has suggested installing a temporary pressure regulating valve and meter at the existing connection between CWCWD's 6" main along the north edge of Section 11 and LHWSC's 6" -t-it-71-2.5 ,77.5.g77, The valve would automatically open upon loss of pressure in CWCWD' D Dal a�L rl / 127i provide water (i.e., in case of fire demands). This temporary mea C tse 1 I AUG o 1986 Weld Co. Planning CammtssiOD Page 2 Ms. Terry Magnuson in effect for approximately two years, or until six (6) lots were developed. The developer would bear the cost of installing the PRV and meter. We have enclosed background letters and maps for your information. Please feel free to call myself or Dale Olhausen if you should need any further information. We would appreciate any help you can offer in expediting this matter. We are hoping to have a preliminary response from you prior to our August 14, 1986 Utility Meeting with Weld County. Thank you for your help. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. S.M. Ruptash SMR/cvr cc: Mr. Dale Olhausen, CWCWD Enclosures 4-5116 _ c MAILING LIST S-264:86:9 Martin and Wilma S. Oase Richard Cosslett, Etal c/o Longmont National Bank 5th and Coffman Longmont, CO 80501 Roy H. and Beverly Carlson 11176 Pearl Street Northglenn, CO 80233 Cheryl Marie Leppla c/o Raleigh & Leppla 3045 California Avenue Sw. Seattle, WA 98116 Edward and Okla Eckert c/o Roland K. and Mary E. Cochran 4394 Weld Councy Road 12 Erie, CO 80516 Roland K. and Mary E. Cochran 4394 Weld County Road 12 Erie, CO 80516 Maybelle M., Mary Irene, & Annie Wright Box 94 Erie, CO 80516 Clifford R. and Vera L. Haller 4651 Road 11 Erie, CO 80516 Roland K. and Mary E. Cochran 4394 Weld County Road 12 Erie, CO 80516 William N. and Ann M. Stonebraker 5401 North Federal Boulevard Denver, CO 80221 Azalea Farms 1005 Riverside Drive Fort Collins, CO 80521 Dan E. Ryan 8115 West 63 Avenue Arvada, CO 80004 a MINERAL OWNERS S-264:86:9 Martin and Wilma J. Oase Champlin Petroleum Company A Delaware Corporation 640 Baseline Road Brighton, Colorado 80601 Rocky Mountain Consultants, Inc in.-. ` h • r s•t-e-4 500 Coffman Street, Suite 107 • Longmont, CO 8050' • (303) 772-5282 =ti '�" Offices also located in Denver and Estes Park, CO • Metro line: 665.6283 E na November 14, 1986 Captain William R. Emerson Fire Marshal Longmont Fire Protection District 9119 County Line Road Longmont, CO 80501 RE: Wilmar Subdivision Dear Captain Emerson: This letter is a follow-up to our phone conversation today regarding your August 15, 1986 referral on the subject project. You had requested two modifications (shown below in capital letters) to the course of action as proposed in Sue Ruptash's letters of August 5, 1986. 1. OBTAIN A LETTER OF AGREEMENT FROM LEFT HAND WATER SUPPLY COMPANY (for the temporary cross-connect) The LHWSC monthly board meeting was held Monday, November 10, 1986. They had not yet received a formal request from CWCWD to consider this request. Mr. Dale Olhausen, Manager for CWCWD has been asked to write this request and LHWSC should take it up at their December meeting. Approval of this cross-connect is tantamount to the developer's request for Phase I water supply and fire protection. Since this project is only at the Preliminary Plat stage, we request that you allow us to proceed into Final Plat stage, knowing that LHWSC will discuss it at their December meeting and that, without an agreement, the developers will not obtain Final Mat approval . You also indicated that for your approval at Final Plat stage, we would have to provide you with the engineering calculations to show sufficient volume of flow could be provided to fight a fire in the Phase I condition. 2. CONSTRUCTION OF A NEW 8-INCH DIAMETER WATER MAIN TO PROVIDE A LOOPED SERVICE, WHEN 5 LOTS HAVE BEEN DEVELOPED OR WITHIN 2 YEARS, WHICHEVER MAY OCCUR FIRST. In a letter dated July 25, 1986, Dale Olhausen stated that CWCWD will be seeking 396,000 in plant investment fees from Wilmar Subdivision. In a phone conversation with him November 10, 1986, he said that this fee would Letter to Captain William R. Emerson Page 2 of 2 cover the cost of either a 6" or an 8" main. The way your stipulation reads, the Oase's would be required to construct the water line in two years even if none of the lots have been sold. You agreed that this was not your intent and that, instead, you wanted the ability to evaluate each proposed use within the project as to its fire protection needs. The loop might be needed sooner than two years or not until later from the standpoint of the LFPD. We are in agreement to proceed on the basis of reviewing with you the fire protection need of each proposed use and when you and/or the CWCWO feel the loop is warranted, the fees will be paid by the developers. 3. Provide for the installation of fire hydrants within the subdivision and along WCR #12, number and location to be determined by L.F.P.D. hydrants shall be installed prior to any construction. To clarify "hydrants shall be installed prior to any construction" the intent is to have fire hydrants installed and in service only as each lot is sold and prior to construction on said lot. If you are in agreement with the conditions of this letter, please indicate so by signing below. Thank you for your consideration in this matter. Very truly yours, ROCKY MOUNTAIN CONSULTANTS, INC. John B. Cummings, Jr., P.E. cc: Dale Olhausen, CWCWD Jim Dickey, LNWSC Martin and Wilma Oase CONCURRENCE BY: 4-5116 Wit a� m k. Emerson Date Fire Marshal Longmont Fire Protection District City of Dacono, Colorado \� sJ\ 4,V d0 November 18, 1986 Department of Planning Services Weld County Centenial Center 915 Tenth Street Greeley, Colorado 80631 To Whom It May Concern: Martin Oase of Wilmar Subdivision, WCR 11 and WCR 12, has in- quired about annexing 80 acres plus or minus, to the City of Dacono. The proposed zoning is I - 3 . Based on this informa- tion, Mr. Oase was informed that his property will positively be considered in the long range planning of annexations to Dacono. Mr. Oase' s issue was looked at in a positive light by the Dac- ono Planning Commission. Thank you. (lespectf lly, /��1��` obert C. Renner, Mayor • City of Dacono. 512 Cherry Street. P.0.Box 186 • Dacono, Colorado 80514 • Metro-8254256• Local- 833-2317 LAND-USE APPLICATION SUMMARY SHEET Date: October 28, 1986 CASE NUMBER: S-264:86:9 NAME: Martin and Wilma Oase ADDRESS: 4784 Weld County Road 12, Erie, Colorado 80516 R2QUEST: Subdivision - Preliminary Plan LEGAL DESCRIPTION: Ni NE} of Section 11, T1N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 mile west of Dacono; south of Weld County Road 12, and vest of Weld County Road 11 SIZE OF PARCEL: 80.479 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The applicant feels that they have satisfied the concerns of the Colorado Geological Survey and the Weld County Health Department. Since so much time has passed since the original land-use summary was sent out, I have included it with past correspondence in this land-use summary. EORAflDUm VINoeTo Debbie deBesche Planning Date October 27, 1986 COLORADO From Wes Potter Health Protection Services IAA kilzr � \ subject: Wilmer Subdivision The applicant has submitted a revised plat with a very specific proposal for septic service on the site. These revisions include: 1. A reduction from 19 to 13 lots. 2. Engineering studies to pre-determine the locations of the leach fields on each lot. 3. A specific restriction of septic system capacity, type and maximum square footage and therefore maximum flow for each specific lot. 4. A commitment to abandon the existing septic systems and connect to a municipal system as soon as it becomes available to the sub-division. Based upon these changes in the application, we recommend for approval so long as they are a condition of approval by the Board of County Commissioners. T 29 1986 Weld to. N3naiag in ssiao - Rocky Mountain Consultants, Inc. Eu;•iklIV,, Si- 500 Coffman Street. Suite 107 • Longmont. CO 80501 • (303) 772-5282 �° + a• el ei : Offices also located in Denver and Estes Park. CO • Metro line: 665.6283 '' October 24, 1986 Mr. Wes Potter Director, Health Protection Services Weld County Sanitation 915 10th Street Greeley, CO 80631 RE: Wilmar Subdivision Dear Mr. Potter: - -- Enclosed you will find two copies of the revised preliminary plat for the Wilmar Subdivision. I have highlighted the revisions which include: - a reduction from 19 to 13 lots - preliminary locations for leach fields - a table indicating the capacity,. type and maximum square footage for the leach field on each lot. Please review this information and contact me if you have any questions. Thank you for your consideration. • Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. Th./6/ Jennifer V. odriguez, A.I .C.P 1y cc: L. R. Ladwig Debbie DeBesche 1985 Welt 4- 4214E`°ain'nw;; oc,cotp 90 ,�k: RICHARD D.LAMM 1*�" `' ;^• J i JOHN EWC BOLD GOVERNOR � �•.r./ 'f D:REGTCR fg76 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER.COLORADO 80203 PHONE(303)866-2611 October 23, 1986 Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 On August 13, 1986 the Colorado Geological Survey sent you an invoice in the amount of $135.00 for the review on WILMAR SUBDIVISION. As of October 22, 1986 we have no record of payment. Would you please advise why payment has not been made, or when you expect to be able to submit payment? Thank you for your assistance in clearing up this matter. Sincerely, SA. Sch., Chris. Avila Accounts Receivable File No. WE-87-0001 Invoice No. 167021 III I GEOLOGY �°h to. F)�ua'°= '"•81unSSU1• STORY OF THE PAST...KEY TO-HE FUTURE � October 21, 1S86 CASE NUMBER: S-264:86:9 NAME: Martin and Wilma J. Oase ADDRESS: 4784 Weld County Road 12, Erie, Colorado 80516 REQUEST: Subdivision - Preliminary Plan LEGAL DESCRIPTION: N} NE} of Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 mile west of Dacono; south of Weld County Road 12 and west of Weld County Road 11 The Department of Planning Services staff recommends that this request be continued to allow additional time for the applicant to resolve the problems identified by the Colorado Geological Survey in its letter of August 13, 1986, and the Weld County Health Department in its memorandum of August 15, 1986. The applicant has been working to resolve the problems and expects to be prepared to present this request on November 4, 1986. The staff recommends that this application be continued to the November 4, 1986, Planning Commission Meeting. Y LAND-USE APPLICATION SUMMARY SHEET Date: October 14, 1986 CASE NUMBER: S-264:86:9 NAME: Martin and Wilma Oase ADDRESS: 4784 Weld County Road 12, Erie, Colorado 80516 REQUEST: Subdivision - Preliminary Plan LEGAL DESCRIPTION: Ni NEI of Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 mile west of Dacono; south of Weld County Road 12, and west of Weld County Road 11 SIZE OF PARCEL: 80.479 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this application is listed in Section 5-b of the Weld County Subdivision Regulations. This request was continued to October 21, 1986, to allow the applicant time to resolve the concerns of the Weld County Health Department and the Colorado Geologic Survey regarding the method of sewage disposal. The applicant has been in contact with the Department of Planning Services, but additional information has not been submitted. C Rocky Mountain Consultants, Inc. "* - `i""""' ;:. p n r 500 Coffman Street, Suite 107 • Longmont, CO 80501 • (303) 772-5282 . - Offices also located in Denver and Estes Park, CO • Metro line: 665.6283 ��]]7 fl F CATteBI TR. 12 0 1986 October 9, 1986 yield to. lanniftg ilammissioa Ms. Debbie deBesche Planner Department of Planning Services Weld County 915 10th Street Greeley, CO 80631 Dear Debbie: As a follow-up to our conversation of October 8, 1986, I am writing to request that the Planning Cormission's review of the Wilmer Subdivision be continued until the November 4, 1986 Comission Meeting. Rocky Mountain Consultants , Inc. is working diligently to resolve the question of septic systems with the Weld County Health Department. Additional soils testing has been dcne by Mr. Ed Paas of Empire Labs and his report is enclosed. A meeting has been set up with Mr. Wes Potter to discuss the results of the additional testing. We are hoping to resolve this issue with Mr. Potter and move forward to the Planning Comission; for this reason we are requesting a continuance until the November 4, 1986 meeting. Please contact either Ms. Jennifer V. Rodriguez or myself if you have any questions. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. • La--'4-gv A t • Barb Brunk BB:bke cc:Martin Oase r 7 -, Rocky Mountain Consultants, Inc. 500 Coffman Street. Suite 107 • Longmont. CO 80501 • (303) 772-5282 t , Offices also located in Denver and Estes Park, CO • Metro line: 665-6283 September 12, 1986 Ms. Debbie deBesche Weld County Planning 915 10th Street Greeley, CO 80631 RE: Wilmar Subdivision Case Number 5-264:86:9 Dear Debbie: We wish to respectfully request a continuation of Case Number S-264:86:9 to Tuesday, October 21, 1986 to allow time to resolve the concerns expressed by the Weld County Health Department and the Colorado Geologic Survey regarding the method of sewage disposal . Thank you for your help. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. S. M. Rutpash CSI .-)4,; is P 15 ';q8b Wel6 Co. Planning Commission Date: September 2, 1986 CASE NUMBER: S-264:86:9 NAME: Martin and Wilma S. Oase ADDRESS: 4784 Weld County Road 12, Erie, Colorado 80516 REQUEST: Subdivision - Preliminary Plan LEGAL DESCRIPTION: NI NE} of Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 mile west of Dacono; south of Weld County Road 12 and west of Weld County Road 11 The Department of Planning Services staff recommends that this request be continued to allow additional time for the applicant to resolve the problems identified by the Colorado Geological Survey in its letter of August 13 and the Weld County Health Department in its memorandum of August 15. The applicant has been working to resolve the problems and a meeting with the staff has been scheduled for September 5, 1986, to submit additional information. The staff would recommend that this application be continued to the September 16, 1986, Planning Commission Meeting. (mc,` LAND-USE APPLICATION SU1NARY SHEET Date: August 26, 1986 CASE NUMBER: 5-264:86:9 NAME: Martin and Wilma Oase ADDRESS: 4784 Weld County Road 12, Erie, Colorado 80516 REQUEST: Subdivision - Preliminary Plan LEGAL DESCRIPTION: N} NEI of Section 11, T1N. R68W of the 6th P.M., Weld County, Colorado LOCATION: Approximately .75 mile west of Dacono; south of Weld County Road 12 and west of Weld County Road 11 SIZE OF PARCEL: 80.479 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this application is listed in Section 5-4 of the Weld County Subdivision Regulations. This case was continued from August 19, 1986, to allow the applicant time to resolve concerns from the Colorado Geological Survey and Weld County Health Department. The Department of Planning Services staff has not received any additional information. Date: August 19, 1986 CASE NUMBER: S-264:86:9 NAME: Martin and Wilma J. Oase ADDRESS: 4784 Weld County Road 12, Erie, Colorado 80516 REQUEST: Subdivision - Preliminary Plan LEGAL DESCRIPTION: N} NE} of Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 mile west of Dacono; south of Weld County Road 12 and west of Weld County Road 11 The Department of Planning Services staff recommends that this request be continued to allow time for the applicant to resolve the problems identified by the Colorado Geological Survey in its letter of August 13 and the Weld County Health Department in its memorandum of August 15. The applicant may also investigate other alternatives to providing adequate sewage disposal facilities to the subdivision. The staff would recommend that this application be continued to the September 2, 1986, Planning Commission Meeting. I Empire Laboratories, Inc_ ! P.O.Box 503 • (303)464-0359 GEOTECMNICAL ENGINEERING&MATERIALS TESTING 301 NO.Howes • Fort Co''!,ns,Co,raco$0522 October 7, 1986 Rocky Mtn. Consultants Ii .� ~ 500 Coffman, Suite 4107 219$ 6 Lon.mon - • : � � j Weld/'�Q D►uglliG Attention: Mrs. Jennifer Rodriguez g�1RtiSti�p Re: Wilmar Subdivision Weld County, Colorado Gentlemen: Our firm has performed a total of twenty-five (25) percolation tests and twenty-one (21) exploratory borings at the above-referenced subdivision. The percolation tests were performed on June 7, August 28 and October 6, 1986. The exploratory borings were drilled to depths of eight (8) to nine (0) fat end the f.orwlatwrr IIulea were drifted to depths of two and one- - half-(2f) feet. Percolation tests were performed in the field after a twenty- four (24) hour soak period. The purpose of this investigation was to determine the suitability of this proposed subdivision for individual septic systems. The purpose of the percolation tests on October 6, 1986 was to define areas within the confines of revised lots which are suitable for standard septic systems. Our last investigation concentrated on the west half of the subdivision where some high percolation rates were recorded in previous investigations. The total number of lots in this subdivision has been reduced from sixteen ( 16) to thirteen ( 13) since our original investigation to help assure meeting _- - j the Weld County requirement of no more than twenty-five percent (25%) evapotranspiration systems in new subdivisions. It is our understanding that two (2) lots in this subdivision already have standard septic systems. The soil conditions at this site consists basically of approximately six (6) inches of clayey topsoil overlying sandy silty clay with occasional layers of silty sand. Claystone or sandstone bedrock was encountered in several borings at depths ranging from six and one-half (61) to eight and one-half (81) feet below the ground surface. No subsurface groundwater was encountered at the time of our investigation to a depth of eight (8) feet. However, water levels could fluctuate on this site due to seasonal variations and irrigation demands. Please refer to the enclosed boring logs for a more accurate description of the soil conditions. 4 \CV Branch Ofticee �� • P.O.Box 1135 P.O.Box 1744 PO.Box '0076 '4` 'Z. LOnpmont.Colora00 80502 Greeley,COIOraco 80632 Cheyenne.10075 n ry 82003.1-;\ 4?t_/n (3031776-3921 (303)35'CSoO (307(632922+ rt ' atar- � �.�` Member of Consul - _,G Eng�nrcrs Cocnca Rocky Mtn. Consultants October 7, 1986 Page 2 Percolation rates ranging from ten ( 10) to four hundred and eighty (480) minutes per inch were recorded on this site. It is our opinion that an engineered evapotranspiration septic system will be required on Lot 1 Block 1 of this subdivision. We feel that areas large enough for supporting standard septic systems can be located on the remaining lots with proper planning. An additional two (2) lots in this subdivision can use evapotranspiration ceptir systems anti the cubriivjcinn will still meet the rounty reguLa.iinn of no more than twenty-five percent (25%) evapotranspiration systems for new subdivisions. It is our opinion that the leachate from standard systems on this site will basically flow downward to the bedrock before flowing laterally. Due to the depth of the bedrock stratum on this site, we would not anticipate seepage problems of the leachate from septic systems at the surface, providing no seepage beds are placed on slopes greater than eight percent (8c) . It is suggested that industry with low water usage be planned for lots where evapotranspiration systems are anticipated. . Additional percolation tests will be required on each lot prior to construction . for the purpose of designing septic systems. Proper planning of building and parking configurations to allow for locating leach fields in areas of permeable soil will q as n ageout-_trom-_a_52andpoint._of_minlmxzing costs of septic systems, reducing the area required for leach fields and assuring Conformance with County regulations. Enclosed please find our test boring location plan, log of borings, key to borings and summary of percolation tests. We are pleased to have been of service to you on this project. Please contact -us if you have any questions regarding these results. Very truly yours, EMPIRE LABORATORIES, INC. a D'J'is a G\sTE4, \ (sr Edward J. Paas, P.E. r ec Fo Longmont Branch Manager = f 15776 Colorado Registration #15776 t /pjk qlE OF Otcfr,.: • • TEST BORING LOCATION PUN N SCALE 1= 300` • 422nn .�s.24 Jo.la I � � / "t/�pa./9 No S No b ,✓o.zs NO..B In NO.10 NO.7 5 No.t6 NO.3 I n NO.I.5 NO-4 EXISTING REStbENCE AND ! OUT BUILb1NGS • 5 -DEC P BORING ANP PERC, TEST NO12 NO-!4 NO. I N0.2 No. 1S C u Ty, RD. If EMPIRE LABORATORIES. INC. KEY TO BORING LOGS ( TOPSOIL GRAVEL FILL SAND &GRAVEL SILT -' SILTY SAND & GRAVEL - j CLAMP V SI.LT cat eOD0LC3 • a • /� SANDY SILT :,d� SAND,GRAVEL& COBBLES CLAY WEATHERED BEDROCK SILTY CLAY ^ ] SILTSTONE BEDROCK SANDY CLAY CLAYSTONE BEDROCK SAND • • • SANDSTONE BEDROCK '•�". SILTY SAND •/ -� " LIMESTONE CLAYEY SAND GRANITE SANDY SILTY CLAY SHELBY TUBE SAMPLE STANDARD PENETRATION DRIVE SAMPLER 4 WATER TABLE 24 hours AFTER DRILLING HOLE CAVED 5/12 Inc5cates that 5 Wows of a 140 pound hemmer Telling 30 Inch,,was required to penetrate 12 Inches.• EMPIRE LABORATORIES.WC. • LOG OF BORINGS DE Prig NO. / NO. 8 Nf N0.4- 0 - /JJr' ./../It" /✓/♦ z✓ /Y :/,,,,. . ' / _ / 7 /74 74•4 iry/1 IZ 444 r4 j `z� y7 N0. 5 NO. 6 N0. 7 0 ✓/✓ ✓/ ✓ 7 i� 41' / ` 2 x,12 l/ / 5%I I''� :>/::: 14%a 1- . . /O EMPIRE (A8ORATORIES, INC- 1 . . LOG OF BORINGS Dorn !JO- 8 NO.9 NO. 1O NO. I I 0 -• r • Y . (/ v,r, �y r,. / // ' 37!12 50/6 — - A/12 Ad 44/1 al-- 10 NO 12 NO. NO. N0. 15 0 (/./.- / ✓ / ✓ ✓ / s • a-/ s , / , r / ter 5 I / • ; • / a - . : .d P / • 10 12 �"• 7 12 ; .a 27 12 50 8 10 EMPIRE LABORATORIES, INC. • LOG OF BORINGS Dc Tlf Nu. ,no NO. I / 0 77. 50/9 - I��u f ___- "ti . 10 fir.^ EMPIRE LABORATORIES, INC. c . C LOG OF BORINGS DEPTH WO 70 N0-/9 /10 20 t./0 21 0 y ✓ l / tl . / J it 7 7 • 1 r 5 J � - 10 50/6_ ' DEPTH N/o-ZZ do.z4 /a 24 ,✓o.Z5 7/ 5 r / 6/12 50/11 , 10 EMPIRE LAE0RAT0RIES, INC. SUMMARY OF PERCOLATION TESTS Percolation Rate Boring Number Location Minutes Per Inch 6/7/86 1 Lo} 8 Block 2 40 2 Lot 7 Block 1 45 3 Lot 6 Block 2 480 4 Lot 4 Block 1 480 5 Int 4 Rlnrk 7 740 6 Lot 2 Block 2 60 7 Lot 2 Block 1 40 8/28/86 8 Lot 1 Block 1 240 9 Lot 3 Block 2 40 10 Lot 3 Block 1 52 11 Lot 5 Block 2 90 12 Lot 7 Block 2 45 13 Lot 8 Block 1 45 14 Lot 6 Block 1 45 *15 Lot 4 Block 1 _- 20___ '16 Lot 6 8-luck 2 10 *17 Lot 4 Block 2 40 • 10/6/86 *18 Lot 3 Block 1 24 *19 Lot 5 Block 2 24 *20 Lot 5 Block 2 24 *21 Lot 5 Block 2 Exploratory Hole *22 Lot 4 Block 2 20 *23 Lot 4 Block 2 30 *24 Lot 4 Block 2 30 *25 Lot 3 Block 1 20 • • • *Retested in Different Area Within Lot. &Lost_ 0c•% O 4A:i)0 O WE-87-0001 o r i*i RICHARD 0.LAMM * 4:-.) JOHN W. ROLD GOVERNOR J,F G_p:0R 787 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE(303)855-2611 August 13, 1986 Gloria V. Dunn • Weld County Dept. of Planning Services 915 10th Street Greeley, CO 80631 Dear Ms. Dunn: RE: WILMAR SUBDIVISION We have reviewed the geologic factors related to this proposed subdivision and find the following: 1 . General soil conditions should be suitable for the intended purpose. 2. Soils are not suitable for standard septic leach fields. All percolation rates are near or above the acceptable level . Engineered systems may be used, but if the intended use is an industrial park and if other than standard household wastes may be coming from these industries, then we recommend a public system be required. 3. Drainage across the NW corner of Lot 1 , Block 2, needs to be investigated. 4. The potential for mine subsidence has been addressed in the ATEC Report #41-64012. We concur with their methods, results and recommendations. It should be noted that on the boring location plan that pillars 9 and 11 were not properly marked per the Explanation and this should be corrected. This site is suitable for the proposed use if a waste system is installed that precludes the use of leach fields. If you have any questions, please call . Sincerely, ^� L. R. Ladwig, Chief u• , \710-2>1 Minerals Fuels Section �-- —� 'I( , ' bcr:LRL-87-014 3190/7 GEOLOGY Viet I Ca. o„1'•'�'q, Cu...mlia$51Ull STORY OF THE PAST...KEY TO THE FUTURE • fit Lc, Et i cR, AnDum MPMTh To Planning Departr..ent odte August 15, 1986 klugeCOLORADO From Wes Potter, Director, Health Protection Services to � 261 subject: S—'46:86:9 The site has clay base soils with a percolation rate of 40 to 480 minutes per inch. Section 6. 1 C of the Weld County Individual Septic Disposal System Regulations restricts the number of evapotranspiration systems in a new sub division to no greater than 25%. Therefore, due to the extensive size possibly required by industrial sewage disposal systems and the restriction of a suitable soil this division does not recommend for approval of this proposed sub division. By Direction of Ralph R. Wooley, M.D. , Director, Weld County Health Department jn rr ' ' r !,el!� tG. :'\ n\11i' G�t'RtWSStOi' enr- fir' LAND-USE APPLICATION SUMMARY SHEET Date: August 12, 1986 CASE NUMBER: S-264:86:9 NAME: Martin and Wilma Oase ADDRESS: 4784 Weld County Road 12, Erie, Colorado 80516 REQUEST: Subdivision - Preliminary Plan LEGAL DESCRIPTION: Ni NE} of Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 mile west of Dacono; south of Weld County Road 12, and west of Weld County Road 11 SIZE OF PARCEL: 80.479 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this application is listed in Section 5-4 of the Weld County Subdivision Regulations. I-3 (Industrial) zoning currently exists on the property. The applicants wish to subdivide the site into 16 lots ranging in size from 2.4 acres to 20 acres. A portion of the site is located within a geologic hazard subsidence zone. The Department of Planning Services has not yet received referral responses from the County Health Department and the Colorado Geological Survey. Copies of recommendations from the Longmont Fire Protection District, Boulder Valley Soil Conservation District, and County Engineering Department are attached for your consideration. The applicant has submitted correspondence addressed to Central Weld Couaty Water District aad the Longmont Fire Protection District (dated August 5, 1986) and Left Hand Water Supply Company (dated August 6, 1986) in order to demonstrate that progress is being made in obtaining an adequate water supply to serve the site. The Department of Planning Services has received one inquiry and no objections from surrounding property owners regarding this proposal. J DEPARTrNT OF PLANNING SERVICES iy, _ a PHONE(303)356-4000 EXT.4400 n . 915 10th STREET "eep S o� . GREELEY.COLORADO 80631 3 _ -1 01 h Tea COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on August 19, 1986, at 1:30 p.m. to review a request for approval of a preliminary plan for a Subdivision in the 1-3 (Industrial) Zone District from Martin and Vilma J. Oast on a parcel of land described as NI NEI of Section II, TIN, R68W of the 6th P.M. , Weld County, Colorado, containing 80.479 acres, more or less. The property is located approximately .75 mile west of Dacono, south of Weld County Road 12, and west of Weld County Road 11. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted 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 August 19, 1986. 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, - Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by July 31, 1986 Received by: \ (j�rrZ�� A , Date: f /,.1/ �G FIELD CHECK FILING NUMBER: S-262:86:7 DATE OF INSPECTION: April 22, 1986 NAME: Martin and Wilma Oase REQUEST: Sketch Plan for a proposed 16 lot subdivision in an Industrial-Three (I-3) Zone district LEGAL DESCRIPTION: Part of the NI NE}, Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .75 mile west of Dacono; south of Weld County Road 12 and west of Weld County Road 11 LAND USE: N Weld County Road 12, farmland, oil and gas facilities E Weld County Road 11, industrial uses S Farnground W Salvage yard ZONING: N Agricultural E Industrial-Three S Agricultural W Agricultural COMMENTS: Accesses are to Weld County Roads 12 and 11, gravel-surfaced roads. Existing businesses are as shown on the plat. Unoccupied land on the site is irrigated pasture. Four residences are within one-fourth mile of the property. By: ,�- Gloria . Dunn Curre Planner • 2 ' • -4 g . :. • ' ii . r 74 ,7•Le,; 1. 7 ---,..._•4_-••• ‘,..--• ; e- •� f • c f •Cl w . G.•... .,.../ . _F .nC •c. . .r ' II�'7 t . • „.� C • t �L�,r •-,,,:•♦ ��o�,E�/.:P.•r.•-->r._.`... - • ,f� .(.'mil :� y G G •6:` •.....,. _ C•. J \- .f.. .. {i \J tio._ _ k .•i t i.u'�_- -``��. ... I•C r C: Sdbani ,sorrel It' 24 G i , • ‘.-Gi T • 41 • v- �C r• n 1� - 1•) z, �i L t. .. t, . 4 'C � ��._ } t:j .r+„Po J I P^ND$ yam+ ,. E. a L' >• • -` . •ry ':- - -c--- _w �.>�i- ice^77•� ♦• L 7 � • • • •• \i �•� C •' +• • • y(IICMAI[TL •-f `r / • i tMly\ o \ • O •may / •. \ r;_— ' •J"�V prH !• I n L•. T2N. - y� _ _ . ct.• ,p�� ' s •• :: z . C r� l ..C •- a/> ! "••>��X-• L •'��-y; ' :-,..gc..• ._� h..-�\ '�• - ` Lamz . • M�Ci • �/ C --�r�, j POPsSjp / • zaa • . �r, r it �•"' .•�' it T :k IX [ 99 1 C * ACREES tj 1'?.0y i • l "G -' /'- ` i. F f • \��4 > .lr. �. . l �/ r C �� 1,...1J • n./ n C I,. / r �� 1'1-z • \ _• • IP�ti �+G ` '- lip a_r � .2..._,___!,,:. - ° . r ;j , Y+e•r10 . .:i.L1r� , C..' I> ♦�jx .. .'w' .w.�kcp• � - •/^`^ • ` /r. ti•p ,L TIN • �a.a•. . ^_^•r.7/-e'_'. "' -7��S:"" ,:::"';C G :-7.:',:...,,,,':',,Ifi!".... ` ./:;4,,f_.::40; y G. C / : C C•.4.64,""":•>-''7.-7,. ,'--471,_ • .II _ ro > 9 ci• •sl f a . �J ' •C •-i au; >owayG "'x. .. •• • Y I . 1:A. '771.1: • �. im 7: • l�' , `i .. -r� c c •� of .� I 1fj-' �„ II • •> ....--.."4-11-•sti .4n�,i�.r..A '- `• C•i 4•- • ` =i.r r. II - L, /:• • • Cx rl f. .\• 'I, i J. ,- >•r� f Ir J> L •• 1 J'"c J 'i •, a L• >. V i '-,7*.--. 1,,n--- >r c j L P..SE 'C `.• 7 _I G • :off•,/ '" IT > r . • i bra!• , • Sr •i 1? •..__.. _ a c, ; 1 o \ I , 27?' I _ - /I • I :: r . /. .,,_- Dr-•.„ ..t.- /; _J _waft,' -/ / _ 1.,' - , /7 a _ / so l.r 1 ,� L00 i ( ' 12-7 , _ -ti: \ . ,, ,`-N-.,• __ l `\ ` \ t�/- .1-1 , I �. 5 � ;;� CP _ r( \ ,j.,/,,T- U ' % _lran' 19 r I • \ _ /�J \f - \ w. _ . , ( C 1_ 1, .4c-. .. ;*.• sesnanal'exigae•frowtaaaifsasaThals\lrilil t5.7 : \-\\ \ \ .1/4\ \ ,c,\,1/4,, \\I ciet 32,13) ,( ) s,„,,i, \\\\ • ,02.4. 7,4\.\\ \ \ i _ \ ,.1:0 7 ,...- ./s, ,.; i) . 6140042402. t \ \ , -• , \ \ -\•• \ ..„ \\N- \ '' . --,- -)3 „w!tcro ,t•.,,c.4.a-,,,r_ n,......,;f .., fs«»- .«m+y-*nom.wt „ L i 4 Oc 025 'I Q $ C � � o c aee C - ( r (- k REFERRAL LIST APPLICANT: Martin and Wilma J. Case CASE NL"FBER: S-264:86:9 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: August 11, 1986 NO SR NR NO SR NR X Weld County Health Dept. X Engineering Department X Tri Area Planning Commission c/o Rebecca Marker P.O. Box 363 / Frederick, CO 80530 ✓ X Louis J. Rademacher Weld County Planning Commission. 13184 Weld County Road 13 / Longmont, CO 80501 �/ X Longmont Soil Conservation District 9595 Nelson Road Box D Longmont, CO 80501 V X Longmont Fire Protection District c/o Captain Wm. Emerson 9119 County Line Road Longmont, CO 80501 X Weld County Sheriff's Department c/o Rick Dill X Colorado Geological Survey , c/o Lou Ladwig 1313 Sherman Street Room 715 Denver, CO 80203 NO=No Objection SR-Specific Recommendations NR-No Response Boulder Valley Soil Conservation District 9595 Nelson Road, Box D - Longmont,Colorado 80501 August 1, 1986 • Ms. Gloria V. Dunn, Current Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Case Number S-264:86:9 - Martin and Wilma J. Oase Dear Gloria: The Oase proposed subdivision development is on Kim loam 1-3%, Kim loam 5-9%, Nunn clay loam 1-3%, and Ulm clay loam 3-5% slopes. The Kim loam 1-3% slopes and the Nunn clay loam are prime farmland. These two soil types make up approximately 75% of the land development area. There is no erosion control plan for dust control during and after construction. Wetting busy roads will help keep dust to a minimum during construction and permanent grass seedings along borrow pits of roads will eliminate excessive erosion after housing is completed. There are some construction limitations which will need special attention during construction. The Nunn clay loam has a moderate to high shrink- swell potential which may cause foundation cracks. The Ulm clay loam and the Nunn clay loam contain a lot of clay which may cause problems with basement construction. Also these two soil types have a slow permeability rate which will need attention if septic tank absorption fields are to be used for sewage disposals. Thank you for the opportunity to comment on this land development proposal. If we can be of any further assistance, please give us a call. Sincerely, Barry L. Sinkey President BLS:rah it cL! cv1 FS ET r ,e-,ws 05 1986 cSIL Welt Co. PIanaing L'umlmssiou CONSERVATION • DEVELOPMENT . SELF-GOVERNMENT .� 7ic" V Yt�` , ' ,� LONGMONT FIRE PROTECTION DISTRICT 'PI� �I^'/ nIl is Vi...Cc/ 9119 County Line Rd., Longmont, CO 80501 (303) 772-0710 m '�4/ David Bierwder Conran Ho Ricrard Hicks Mike Holubec,Jr. Felix Owen Wilbur Ness �icnoN.' 00 Fire Chief Dhrec:or Director Director Director Daector June 30, 1986 Ms. Susan Ruptash, Designer Rocky Mountain Consultants, Inc . 500 Coffman Street , Suite 107 Longmont , CO 80501 ' Dear Ms. Ruptash, This letter will document our recent meeting regarding the Wilmar (0ase) Subdivision. As we discussed, the April 11 , 1986 letter to you from Central Weld County Water District (CWCWD) leans us to believe that a firm ccrrrmitt;ncnt to upgrade the existing water system is not likely in the near future. Therefore, we require an on site water supply of not less than 300 , 000 gallons of water for fire protection. This supply source could be an elevated metal storage tank , gravity flow type or a ground level tank or an embankment supported, rubberized, fabric suction storage tank . All require automatic fire pumps , valves, etc. The water supply could still come from CWCWD. The water level in the tank must be maintained automatically with pipe size to fill the tank within eight hours. In addition, the covenants of the development snail require: 1 . Property owners to contact the fire distrit prior to any plans for development being submitted to Weld County Planning Department . 2. All proposed changes in occupancy to a structure to be coordinated with the fire district , 3 . Structures to be protected by automatic sprinkler systems and standpipe systems , 4. Restrictions of occupancy to ordinary hazard and below, 5. Building height to be limited to 35 feet or three stories, 6. Building construction types be limited to type 1-FR, type I1-FR, II one hour, and type 111-one hour, 7. Floor area limitations to the requirements of the 1985 Uniform building Code Table 5-C. Some of these restrictions are based upon the type of occupancy presently anticipated and could vary depending on individual occupancies in the development . Feel free to rnr.n-lr— Contact us again whenever you have comments or question_• -� c rv`ti >,` 1 Sincerely, I\It ;'fit 991Q26 L,1 Jr � l Gil w Veld Co. Planning Cnmmissian William R . Emerson Fire Marshal , LFPD c _ — ._ .. .._ i`s:k�}2s.:? r:�iYh » - r1a-.:.... "". ..'"-t .;"2� ` ;. 'r _C4�vZ✓ (/7-& ' DEPARTMENT OF PLANNINN'; SERV'CES PHONE(303)3561000 EXT 4400 rit &C . 915 10th STREET TT AVelt GREELEY.COLORADO 80631 • liv C. i.W. • COLORADO CASE NU:SER S-264:86:9 July 21, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Martin and Wilma J. Oase for a Subdivision - preliminary plan The parcel of land is described as the Ni NE} of Section 11, TIN, 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 .75 mile west of Dacono, south of Weld County Road 12, and west of Weld County Road 11. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office. it may be interpreted to mean approval by your office. If you are unable to respond within fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by August 11, 1986, so that we may give full consideration to your recommendation. 1. xx We have reviewed this request and find that the request does (does/does not) comply with our Comprehensive Plan for the following reasons. Well planned usage of land and within guidelines of County ordinance and our compre- hensive plan . 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. A formal recommendation is under consideration and will be submitted to you prior to: 4. Please refer o the enclosed letter. Signed � L LAgency: iri -Area Planning Commission Secretary Date: August 6 , 1986 Thank you very much for your help and cooperation in this matter. o ��a[r� T Gloz .a Dunn PUG 07 1985 ;it Curr n Planner ��J Weld Co. Planning Gamrnission S4� w vO t - DEPARTMENT OF PLANNING SERVICES i rt , PHONE(303)356-4000 EXT.4400 n v _ 975 70:!t STREET 1 TM GFEcL-cY,COLORADO 86d3i A. 4 Via.%, z • COLORADO CASE NIRAMER S-264:86:9 July 21, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Martin and Wilma J. Oase for a Subdivision - preliminary plan The parcel of land is described as the Ni NEI of Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has betn submitted is approximately .75 mile west of Dacono, south of Weld County Road 12, and west of Weld County Road 11. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by August 11, 1986, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and -find no conflicts with our interests.'" 2. _ A formal recommendation is under consideration and will be mitted prior to 3. Plea a refer to the enclosed letter. ) 1 r Signed: •a' h� i /,,,4„f,er �r'-� Agency: /I .o'i7 ' •t'�•ow .!� D ALL v . ,QCO Gloria V. Dunn Weld Cu. PIann)rg ZnIIwSSiou Cuzrent Planner 1 care l.0 ien ;Anal Icv�OGI lYv+T1c, pa(IX, 7NC�1:�," 'woe ObyC44,44-C- � 1 ��. t- i , O.AGCl an C:L:sGs' �4d katie'M P _ ; Ern t Du 0, rain m Gloria V. Dunn To Current Planner pa.) July 25, 1986 COLORADO From Donald R. Carroll , Administrative Manager - Engineering Dept. Subject: Martin and Wilma J. Dase for subdivision - S-264`86_9^____ We have reviewed the preliminary plan and have no problems. In the final plat we would like the following items addressed: 1. The internal road cross section - is it voing to be paved, gravel with shoulders, or borrow pit ditches with culverts at all accesses. 2. Applicant needs to address the access roads - upgrades leading to the property for upgrading and dust control with a road maintenance agreement. 3. Culvert size 15" C.M.P. Mir,. at all accesses. 4. Water line out of roadway. Relocate to borrow pit or shoulder area. Taps to each lot. 5. Paving is required for public street. 6. A "Master Drainage Plan" that addresses retention will be required. Subsequent site plans that handle drainage in accordance with the "Master Plan" will be required for individual lots. DRC/bf n:i 70 �a G,z,;%IWO 2 J.. ., '9c i Well Co. 9 3nnu;g Cuomo:, cc-7 7. ',•-3 DEPARTMENT OF PLANNING SERVICES sIll tei i n PHONE(303)356-4000 EXT.4400 915 10:h STREET 0 Vitt 1 I GREELEY,COLORADO 80831 A let f. S ,1N. L COLORADO . CASE NUN3ER S-264:86:9 July 21, 1986 / /`.� p ti 1Z z TO WHOM IT MAY CONCERN: Enclosed is an application from Martin and Wilma J. Oase for a Subdivision - preliminary plan. The parcel of land is described as the Ni NE} of Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .75 mile west of Dacono, south of Weld County Road 12, and west of Weld County Road 11. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by August 11, 1986, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. , 1. We have reviewed the proposal and -find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to • 3. _ Please refer to the enclosed letter. Signed: '' )✓J ? l'Itel,. " Agency: Date: n '• ,' ,r� -C<A,L.sa: V: A:L'-- Gloria1V. Dunn Cu;reni Planner Rocky Mountain Consultants,Inc_ 3 500 Coffman Street. Suite 107•Longmont.CO 80501 •(303) 772-5282 ^r Offices also located in Denver anc Estes Park. CO•Denver !ne: 665-6283 ' t August 5, 1986 Mr. Dale D. Olhausen Central Weld County Water District 2235 2nd Avenue Greeley, Colorado 80637 RE: Wilmar Subdivision Dear Mr. 0lhausen_ Thank you for meeting with us yesterday concerning the Wilmar Subdivision. We wish to request your standard letter of commitment to serve. We would appre- ciate receipt of same prior to the August 14, 1986 Weld County Utility meeting. We would like to pursue your suggestion of a two phase program of improvements to the system. Phase I would involve the installation of a pressure regulating valve and flow meter at existing connection between CWCWD and Left Hand Water Supply Company at I-25. This would be regarded as a temporary measure. When a set number of lots have been developed (5 to 6), or within a limited time period (two years) , the developers would be required to participate in the funding of a looped 6" main or renegotiate the District's commitment to serve. Alternate approaches may become feasible should other development occur nearby. The developer' s participation would be in the form .of modified up-front Capital Improvement Fees rather than actual construction costs associated with the improvements. Engineering, design, construction and coordination of the improvements would be the District' s responsibility. We would appreciate your suggestions at this time regarding the contents of an agreement between CWCWD and the developers so that we may verify the Fire District' s support of the project. We have made initial contact with Left Hand Water Supply Company regarding the Phase I connection. We wish to clarify the number of taps likely to occur. Lot 1 , Block 1 (20 acre parcel ) has an existing tap that is adequate for their projected future needs. �1( r'UG 0: 1986 Weld Co. Planning, Commission Page 2 Mr. Dale D. Olhausen Lot 8, Block 2 is currently (and proposed to remain) a storage yard and will not likely ever require water service. Thank you for your continued efforts to resolve these issues. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. SilWelirVIAAC S.M. Ruptash SMR/cvr cc: Martin and Wilma Oase Captain William Emerson, Longmont Fire Protection District Terry Magnusen, Left Hand Water Supply Company Rocky Mountain Consultants, Inc. 4r 4 rat- cet s. Z 500 Coffman Street, Suite [07•Longmont.CO 8050?•(303) 772-5282 � . ,�. Offices also located in Deriver and Estes Park. CO•Denver line: 665-6283 August 5, 1986 Captain William Emerson Longmont Fire Protection District 9119 County Line Road Longmont, Colorado 80501 RE: Wilmar Subdivision Dear Captain Emerson: We met with Central Weld County Water District on August 4, 1986 and they have suggested the following course of action. PHASE I: Construct pressure regulating valve and meter at existing connection of the CWCWO 6" main to Left Hand Water Supply Company to allow water to automa- tically flow to subject property upon pressure drop. This is considered a tem- porary measure until approximately 6 lots are developed. PHASE II: Construction of a new (6" diameter minimum) main as shown on attached sketch to offer looped service to the site. CWCWD is currently preparing draft agreements outlining these improvements. We will forward same to you upon receipt for your comments. Thank you for your help. Sincerely, _ _ ROCKY MOUNTAIN CONSULTANTS, INC. 7rI S.M. Ruptash SMR/cvr Enclosure 11 t,-uu 07 1986 Wel° Co. Planing umrussioo Rocky Mountain Consultants, Inc. J-t 1 / ;1r It500 Coffman Street.Suite 107-Longmont.CO80501-(303)772-5282 ;°• e Offices also located in Denver and Estes Park.Co.Denver me: 665.6283 *t_ '. kw— August 6, 1986 Ms. Terry Magnuson Left Hand Water Supply Company P.O. Box 210 Niwot, Colorado 80544 RE: Wilmar Subdivision Dear Terry: This letter follows your telephone conversation with John Cummings of our office regarding the Wilmar Subdivision near Dacono. PROJECT HISTORY PROJECT: Wilmar Subdivision, 80 acres, 16 lot industrial subdivision. OWNERS: Martin and Wilma Oase. LOCATION: Ni, NE*, 511, TIN, R68W, Weld County, Colorado. - STATUS: Planning Commission to review Preliminary ?lat on August 19, 1986. Anticipated final approval September 1986. WATER SUPPLY: Central Weld County Water District; - CWCWD does not currently have good supply to the site. Future plans include installation of a looped main to improve service. Due to the high immediate costs of the improvements, we are seeking a temporary interim solution to allow some lots to be developed prior to the main installation. We have met with Mr. Dale Olhausen of CWCWD and he has suggested installing a temporary pressure regulating valve and meter at the existing connection between CWCWD' S 6" main along the north edge of Section 11 and LHWSC's 6" faaj,a--at-I--25 -- _ The valve would automatically open upon loss of pressure in CWCWD' Oritra5zt! 1 ) [1Or � provide water ( i.e., in case of fire demands). This temporary mea �r ufid-tse IllAUG' 0 1980 II IL ts Weld Co. Plana:ng Cammissiou > _ , Page 2 Ms. Terry Magnuson in effect for approximately two years, or until six (6) lots were developed. The developer would bear the cost of installing the PRV and meter. We have enclosed background letters and maps for your information. Please feel free to call myself or Dale Olhausen if you should need any further information. We would appreciate any help you can offer in expediting this matter. We are hoping to have a preliminary response from you prior to our August 14, 1986 Utility Meeting with Weld County. Thank you for your help. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. S.M. Ruptash SMR/cvr cc: Mr. Dale Olhausen, CWCWD Enclosures 4-5116 C MAILING LIST S-264:86:9 Martin and Wilma J. Case Richard Cosslett, Etal c/o Longmont National Bank 5th and Coffman Longmont, CO 80501 Roy H. and Beverly Carlson 11176 Pearl Street Northglenn, CO 80233 Cheryl Marie Leppla c/o Raleigh & Leppla 3045 California Avenue Sw. Seattle, WA 98116 Edward and Okla Eckert c/o Roland K. and Mary E. Cochran 4394 Weld County Road 12 Erie, CO 80516 Roland K. and Mary E. Cochran 4394 Weld County Road 12 Erie, CO 80516 Aaybelle M., Mary Irene, & Annie Wright Box 94 Erie, CO 80516 Clifford R. and Vera L. Haller 4651 Road 11 Erie, CO 80516 Roland K. and Mary E. Cochran 4394 Weld County Road 12 Erie, CO 80516 William N. and Ann M. Stonebraker 5401 North Federal, Boulevard Denver, CO 80221 Azalea Farms 1005 Riverside Drive Fort Collins, CO 80521 Dan E. Ryan 8115 West 63 Avenue Arvada, CO 80004 MINERAL OWNERS S-264:86:9 Martin and Wilma J. Oase Champlin Petroleum Company A Delaware Corporation 640 Baseline Road Brighton, Colorado 80601 PRELIMINARY PLAN SUBDIVISION APPLICATION Department of Planning Services, 915 - 10th Street , Greeley, Colorado PHONE: 356L4000 Ext. 404 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPL. FEE ZONING DISTRICT RECORDING FEE DATE RECEIPT NO. APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) : I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: The N1 of the NEq of Section 11, Township 1 North, Range 68 West of the 6th P.M. , EXCEPTING THEREFROM that portion conveyed to the Community Consolidated Canal and Reservoir Company by Deed recorded July 29, 1908 in Book 283 at Page 140, Weld County Records. If additional space is required, attach an additional sheet of this same ;ize. ) TAME OF PROPOSED SUBDIVISION _ Wilmar Subdivision >XISTING ZONING 1-3 PROPOSED ZONING 1-3 'OTAL AREA (ACRES) 80.479 NO. OF PROPOSED LOTS AT SIZE: AVERAGE 4. 6 acres MINIMUM 2.3 acres 16 ITILITIES: WATER: NAME Central Weld County Water SEWER: NAME individual Septic Systems GAS: NAME Rocky Mountain Gas PHONE: NAME Mountain Bell eISTRICTS: SCHOOL: NAME Nnt Applicable FIRE: NAME Iongmont Rural Fire District ESIGNERS ' NAME Rocky Mountain Consultants, Inc. DDRESS 500 Coffman Street, Suite 107 Longmont, CO 80501 PHONE 772-5282 NGINEERS' NAME Same DDRESS PHONE EE OWNER OF AREA PROPOSED FOR SUBDIVISION AME Martin Oase and Wilma J. Oase DDRESS 4784 Weld County Road 12, Erie, CO 80516 PHONE 654-0867 DDRESS AME PHONE DURESS PHONE hereby depose and state under the penalties of perjury that all statements, roposals and/or plans submitted with or contained within this annlication re true and correct to the best of my knowledge. RUNTY OF WELD ) rATE OF COLORADO) Sign ture: Owner or Authorized Agent .bscribed and sworn to before me this r2 day of v c 19 .6 . SEAL 2779 /7 /jam.-li` ARIC — -- commission expires: Sc1/4y • )4-79-028 S WCDPS-78-1 WILMAR SUBDIVISION Ni, NE3, Section 11 , Township 1 North, R68W, 6th P.M., Weld County, Colorado SUMMARY STATEMENT ( 1 ) Total Development Area = 80.479 acres (2) Total Number of Proposed Dwelling Units = 1 (3) Total Non-residential Floor Space Floor Area Ratio = 1 to 1 (4) Total Number of Off Street Parking Spaces = 1 per 500 S.F. ( 5) Water Requirements = 20,000 GPD (6) Sewage Treatment: Individual Septic Systems (7) Estimated Construction Costs: Streets: $185,000 Water Distribution: 42,500 Storm Drainage Facilities: 3,500 Utilities: 95,000 Financing Method: Owner Financing (8) Special Districts: Central Weld County Water District Longmont Fire Protection District Northern Colorado Water Conservancy District St. Vrain and Left Hand Water Conservancy District UTILITY SERVICE STATEMENT FOR SUBDIVISIONS PRELIMINARY PLAT The following record of utilities shall be processed by the subdivider or his representative as required in Section S-2D. of the Weld County Subdiv-5ior.Regulations. NAME OP SUBDIVIDER OR DEVELOPER Martin Oasp and Wilma Oace game of Subdivision WILMAR SUBDIVISION ..gene/C%erRoeky Mountain Consultants, Inc Name & Address 500 Coffman Street, Suite 107 , Longmont, CO 80501 ELECTRIC UTILITY COMPANY : Union REA Approved by.^ '� (Name) / (Title) . (Date) • Disapproved by (Name) (T+ 'e} (Date) L.. : Cent d Co nty er Approved b.,/224 /e) �/ U�kfraJLsN C _ Gr�e�—/yff (Title) X/�(Date)/r l /�j� ) �l Subject to hCes-&-7-7N6- A4.6- Rep4A-1_ 6 N71;AFNo celett4( f o C/S.: Disapproved by (Name) (Title) (Date) SEUER : Not Applicable Approved by On site septic systems (Name) (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) TELEPHONE COMPANY : Mountain Bell Approved by J J)LL- T a (Name) (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) GAS COMPANY : Rocky Mountain Natural Gas im Approved by , �^ �� , � . / “ (Name) Title) Date Subject to _z- v {.,, > "E .--- _ -jc Disapproved by � (Name) (Title) (Date) FIRE DISTRICT : Longmont Fire Protection District Approved by- 24n. e /c/ll.E er tZSNFL 7 -8- e6 (Name) (Title) (Date) Subject to �-i�, +Z t •4Zr.--r 44-wY rC fir �vit�'�- Disapproved by / (Name) (Title) (Date) • i UTILITY SERVICE STATEMENT rOR SUBDIVISIONS PRELIMINARY PLAT The following record of utilities shall be processed by the subdivider or his representative ns required in Section 5-2D. of the Weld County Subdivision: Regulations. NAME OF SUBDIVIDER OR DEVELOPER Mart tp 0aSP and Wilma Oace Name of Subdivision WILr1AR SUBDIVI5J0N Agent/OcterRocky Mountain Consultants, Inc Name s Address 500 Coffman Street, Suite 107, Longmont, CU 80501 ELECTRIC UTILITY COMPANY : Union REA Approved by (Name) (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) WATER : Central Weld County Water District Approved by (Name) (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) SEWER : Not Applicable Approved by On site septic systems (Name) (Title) (Date) Subject to Disapproved by _ (Name) (Title) (Date) TELEPHONE COMPANY : )ntdDf n Bell Approved by ;i 4, (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) GAS COA.NY : Rocky Mountain Natural Gas Approved by (Name) (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) FIRE DISTRICT : Longmont Fire Protection District Approved by (Name) (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) REL- iVtLt JUL r )*-o fil r�?� \ `' LONGMONT FIRE PROTECTION DISTRICT , ,,-, �• \ , �t' 9119 County Line Rd., Longmont, CO 80501 (303) 772-0710 �T��rp ej David Bierwiler Conrad HOOP Richard Hicks Mike Holubec,Jr. Felix Owen Wilbur Nuss -� Fire Chief Director Director Director Director Director June 30 , ! 986 Ms . Susan Ruptash, Designer Rocky Mountain Consultants . Inc . 500 Coffman Street , Suite 107 Longmont , CO 80501 • Dear Ms. Ruptash, This letter will document our recent meeting regarding the Wilmar (Oase) Subdivision. As we discussed, the April 11 . 1986 letter to you from Central Weld County Water District (CWCWD) leads us to believe that a firm committment to upgrade the existing water system is not likely in the near future. Therefore, we require an on site water supply of not ess than 300,000 gallons of water for fire protection. This supply source could be an elevated metal storage tank , gravity flow type or a ground level tank or an embankment supported, rubberized, fabric suction storage tank. All require automatic fire pumps, valves, etc. The water supply could still come from CWCWD. The water level in the tank must be maintained automatically with pipe size to fill the tank within eight hours . In addition, the covenants of the development shall require: 1 . Property owners to contact the fire district prior to any plans for development being submitted to Weld County Planning Department . 2. Al ) proposed changes in occupancy to a structure to be coordinated with the fire district , 3 . Structures to be protected by automatic sprinkler systems and standpipe systems , 4. Restrictions of occupancy to ordinary hazard and below, 5. Building height to be limited to 35 feet or three stories, 6. Building construction types be limited to type I-FR, type I1 -FR, I1 one hour, and type III-one hour , 7_ Floor area limitations to the requirements of the 1.985 Uniform Building Code Table 5-C. Some of these restrictions are based upon the type of occupancy presently anticipated and could vary depending on individual occupancies in the development . Feel free to contact us again whenever you have comments or questions . sincerely, i William R. Emerson F i re Marsha 1 , PD .-, ..- - /`s'7 r \J:41'11..1%.) 01 rl`.V•' lr\I • l'IL �;`.1:1 Juu I '_ . ' SUBJECT PROPERTY: Martin and Wilma Oase (N2Ne4 11-1-63) NAME ADDRESS, TOWN/CITY , ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION NO. Richard Cosslett,_„etal,_c/o Lonmcmont Nat' l Bank, 5th and Coffman . Longmont, CO 80501 146701000009 _ _Roy- H. and ,Beverly Carlson, 11176 Pearl St. , Northglenn, CO 30233 146702000005 Cheryl Marie Leppla , c/o Raleigh & Le__ppla,_3P45 California Av. Sw. Seattle, WA 98116 146702000007 Edward and Okla Eckert, c/o Roland K. and Mary E. Cochran, 4394 WCR 12, Erie, CO 80516 146711000002 Roland K. and Mary E. Cochran., 4394 WCR 12, Erie, CO 30516 146711000003 Maybelle M. , Mary Irene, and Annie Jane Wright, Box 94, Erie, CO 80516 146711000004 Clifford R. and Vera L. Haller, 4651 Rd. 11 , Erie, CO 80516 146711000026 Roland K. and Mary E. Cochran, 4394 WCR 12, Erie, CO 30516 146711000033 William N. and Ann M. Stonebraker, ;,401 N. Federal Blvd. , Denver, CO 80221 146712200029 William N. and Ann M. Stonebraker, 5401 N_ Federal Blvd. , Denver, CO 80221 146712200049 Azalea Farris, 1005 Riverside Dr. , Fort Collins, CO 80521 146712200053 Dan E. Ryan, 8115 W. 63rd Av. , Arvada, CO _ 80004 146712200054 L 1 - n ,. J Pleld Ca. Planting CamrniSSiUP aWit CENTRAL WELD COUNTY WATER DISTRICT April 11 , 1986 Sue M. Ruptash Rocky Mountain Consultants , Inc. SOO Coffman Street , Suite 107 Longmont , CO 80501 REt Case Subdivision Dear Ms. Ruptash, I received your April 4 , 1986, communication for the Case Subdivision. Service to this particular location is somewhat limited at this time from existing District facilities. Although there is a 6" watermain in the County Road, the Central Weld District does not have good supply capacity to this area. The District has a booster pump station to pressurize and serve this area. The District is considering extending another main to the area to interconnect with the 6" to supply additional capacity requirements. For this vicinity the District has required developers requiring service to install required facilities and contribute for an off-site main or oversizing which may be required in the future to serve the properties. Enclosed are copies of our rate schedules and tap fees , which will apply. To evaluate your needs, we request that you send an Administrative and Study Fee in the amount of $200.00 based on the 16 lots proposed. Upon receipt of funds, we will further evaluate service to serve your development and advise you. We would appreciate information on anticipated demand requirements within the subdivision. If you have further questions regarding this communication, please so advise. Very truly yours, CENTRAL WELD COUNTY WATER DISTRICT Dale D. Olhausen Secretary-Manager 000/caa Enclosures 2235 2nd Avenue • Greeley,Colorado 80831 • (383)352-1284 • Dale D.Olhausen,Setrctary.Manager EmpirEmpire Laboratories, e Inc.In P.O.Box 503 • (303)a8a-0359 GEOTECHNICAL ENGINEERING&MATERIALS TESTING 301 No.Howes • Fort Collir¢,Colorado 80571 June 13, 1986 Rocky Mountain Consultants 500 Coffman Longmont, CO 80501 Attn: Mrs. Sue Ruptash Re: Wilmar Subdivision Weld County, CO Gentlemen: Our firm has performed preliminary percolation tests on seven (7) lots at the above referenced project. Seven (7) exploratory holes were drilled to a depth .ofapproximately eight (8) to nine (9) feet and seven (7) percolation test holes, six (6) inches in diameter, were drilled to a depth of approximately two and one-half (21) feet on June 6, 1986. Percolation tests were then performed in the field after a twenty four (24) hour soak period. The purpose of this investigation was to determine the suitability of this proposed subdivision for individual septic systems. It is our understanding that this will be an industrial subdivision. This subdivision is designed to contain a total of sixteen (16) lots. We understand that two (2) of these lots already contain septic systems. ` I The soil conditions at this site consisted basically of approximately (6) inches of clayey topsoil overlying sandy silty clay with occasional layers of silty sand below a depth of six (6) feet. Claystone or sand- stone bedrock was encountered in borings 3, 6 and 7 at depths of seven and one half (7}) to eight (8) feet below the ground surface. No sub- surface groundwater was encountered at the time of our investigation to depth of eight (8) feet. However, water levels could flucuate on this site due to seasonal variations and irrigation demands. Please refer to the enclosed boring logs for a more accurate description of the soils conditions. Percolation rates on this site varied from forty (40) to four hundred eighty (480) minutes per inch. Based on the high percolation rates recorded in three (3) of the percolat- ion tests, it is our opinion that evapotranspiration septic systems will be required on some of the lots in this subdivision. The high percolat- ion rates were recorded in a high area of the site in the southwest 1/4 of the area investigated. &anch Offices w Y P.O.Box 1744 P.O.Box 10076 a I_ P.O.Box 1135 Longmont.Colorado 60502 Greeley,Colorado 80632 Cheyenne.Wyoming 62003 (303)7)6.3921 (303)351.0x60 (307)832-9224 y Member of Consulting Engineers Council } Enclosed please find our test boring location plan, log of borings, key to borings and summary of percolation tests. We are pleased to have been of service to you on this project. Please contact us if you have any questions regarding these results. Very truly yours, EMPIRE LABORATORIES, INC. S1Q7 `.3 p '� 44 Co a A 15776 Edward J. Paas, P.E. Longmong Branch Manager s4fs'orcAL - ? Colorado Registration NI5776 19TH /sdf nom,- - �� ' 1 SUMMARY OF PERCOLATION TESTS Boring No. Percolation Rate Min/In 1 40 2 45 3 480 4 480 5 240 6 60 7 40 KEY TO BORING LOGS p�ssi. TOPSOIL GRAVEL FILL • SAND&GRAVEL % SILT ••• SILTY SAND&GRAVEL J/ / /P/- r Ki CLAYEY SILT g COBBLES •• SANDY SILTSAND.GRAVEL&COBBLES ona CLAY S WEATHERED BEDROCK (� SILTY CLAY [1. 1 �7 SILTSTONE BEDROCK SANDY CLAY CLAYSTONE BEDROCK SAND H SANDSTONE BEDROCK �•• SILTY SAND �� LIMESTONE �7� ■n■ y•/ I CLAYEY SAND F•` �/ K GRANITE �•� SANDY SILTY CLAY ■ SHELBY TUBESAMPLE STANDARD PENETRATION DRIVE SAMPLER WATER TABLE 24 Hrs. AFTER DRILLING C HOLE CAVED 5/12 Indicates that S blows of a 140 pound hummer falling 30 inches was required to penetrate 12 inches. EMPIRE LABORATORIES.I MC. LOG OF BORINGS DEPTH Na I NO. 2 NO. 3 NO.4 O . "v., .✓/I %a .J v /r Z ,:?(/' Jf r / i • s .• : 2. : /-_tiz 10 NIO. 5 NO. G No. 7 0 %v JJ 7,/.y ..-- ....../.. / //,p......i.< ,/ /1 - . 7,- Cfa 1/ J 50 4:/. .,,. 1 /O - EMPIRE LABORATORIES, INC. • TEST BORING LOCATION PUN SCALE. 1'= 300" I 1 • No.S NO.6 S n NO.7 1 Jo No.4 S EXISTING RESIDENCE AND OUT BUILDINGS -DElP BORING AND PERE. TEST NO. 1 NO.a Curt. KD it! ! EMPIRE LAEORATORIES, tNC. PECUVED JUL / *Wi' -�'g \ '` LONGMONT FIRE PROTECTION DISTRICT neci . A' 9119 County Line Rd., Longmont, CO 80501 (303) 772-0710 \\Tcilia ��+�/ David Bierwiler Conrad Hopp Richard Hicks Mike HolubeC.Jr. Felix Owen Wilbur Nuss --- Fire Chief Director Director Director Director Director June 30, 1986 Ms . Susan Ruptash, Designer Rocky Mountain Consultants . Inc . 500 Coffman Street , Suite 107 Longmont , CO 80501 Dear Ms. Ruptash, This letter will document our recent meeting regarding the Wilmer (Oase) Subdivision. As we discussed, the April 11 , 1986 letter to you from Central Weld County Water District (CWCWD) leads us to believe that a firm committment to upgrade the existing water system is not likely in the near future. Therefore, we require an on site water supply of not less than 300,000 gallons of water for fire protection. This supply source could be an elevated metal storage tank , gravity flow type or a ground level tank or an embankment supported, rubberized, fabric suction storage tank. All require automatic fire pumps, valves, etc. The water supply could still come from CWCWD. The water level in the tank must be maintained automatically with pipe size to fill the tank within eight hours. In addition, the covenants of the development shall require: I . Property owners to contact the fire district prior to any plans for development being submitted to Weld County Planning Department , 2. All proposed changes in occupancy to a structure to be coordinated with the fire district , 3. Structures to be protected by automatic sprinkler systems and standpipe systems . 4. Restrictions of occupancy to ordinary hazard and below, 5. Building height to be limited to 35 feet or three stories, 6. Building construction types be limited to type 1-FR, type II-FR. II one hour, and type III-one hour, 7. Floor area limitations to the requirements of the :985 Uniform Building Code Table 5-C. Some of these restrictions are based upon the type of occupancy presently anticipated and could vary depending on individual occupancies in the development . Feel free to contact us again whenever you have comments or questions. Sincerely, William R. Emerson r(.,- n3 Fire Marshal , ISPD ,; '� 1 +, „ LONGMONT FIRE PROTECTION DISTRICT \'' :::J 'it) 91 19 County Line Rd., Longmont,CO 8O5O1 (3O3) 772-O71O 25 April 1986 Ms. Debbie deBesche Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 RE: Case Number S-262:86:7 - DASE Subdivision Dear Ms. deBesche We have reviewed the Application and Sketch Plan for the proposed DASE Subdivision and do not have any conflicts; providing the Applicant will document provisions to provide an adequate fire protection water supply and all weather roadways for emergency access prior to any building construction, as required in the Uniform Fire Code-1982 Edition and N.F.P.A. Standard 1141-1985 Edition. Copies of the Uniform Fire Code-1982 Edition and N.F.P.A. Standard 1141 "Fire Protection in Planned Building Groups " 1985 Edition are available at Longmont Fire Protection District - Central Station at 9119 County Line Road for review or loan. Should you have any questions, please contact this office. Sincerely, n 2 '/ 4 4r William R. Emerson Fire Marshal WR£/wre Copies: Mr. 1 Mrs. Case Ms. Jennifer Rodriguez — Rocky Mountain Consultants Board of Directors (5) flFikr-DATriffn Secretary/Attorney District Chief Gpp 2u '986 File (3) Weld Co. Planar toa st'°' fi^ 12 _._.76.: :: i... -.,a: ,-_ , 1 D 'Hsfi St OCf\\ June 6, 1986 Weld County Planning Commission: As the natural gas utility in the area of the Wilmar Sub-division at Weld County Roads 11 and 12, I would like to affirm that natural gas will be available to this area. I have reviewed the plans and easements and found them to be adequate for our needs. a Mountain Bell Greeley, Colorado June 25, 1986 Weld County Planning Commission To Whom it may concern: This letter is to inform you that Mountain Bell has telephone facilities available for Wilmar Subdivision, also all Utility easements shown are adequate for our use. Very truly y urs, Joe Layton ES/DSDC SJL/djh ,7r, r��, UNION RURAL ELECTRIC ASSOCIATION, INC. P.O. Box 929 Route 7 Brighton, Colorado 80601 Box 601 c 6. (303) 659-0551 Golden. Colorado 80403 (303) 642-7921 June 6, 1986 Weld County Planning Commission Court House Greeley, Colorado 80631 Dear Sir: The Wilmer Subdivision located in the NE of Section 1_ , Township 1 North, Range 68 West, is within the service territory of Union Rural Electric Association, Inc. Union Rural Electric is capable of providing the electrical facilities to serve this subdivision in accordance with our Rules and Regulations and Line Extension Policies on file at Corporate Headquarters, 18551 E. 160th Ave. , Brighton, Colorado. If you need further assistance please feel free to call. Sincerely, Union Rural Electric Association, Inc. Dorthy Ruggles Supervisor Engineering Support Services "A Consumer-Owned Utility Serving Five Front Range Colorado Counties" SUBSIDENCE POTENTIAL, GRADEN MINE Wilmar Subdivision Weld County,Colorado 1 ATEC Project No. 41-64012 1 Prepared For: • Rocky Mountain Consultants, Inc. 500 Coffman Street Suite 107 Longmont,Colorado 80501 Attention: Ms. Susan Ruptash - ATEC Associates, Inc. ="-r 486O c.Co4R do 9D fie. DenvM, o 80239-2472 Coteac e• IN 3O3-371-264O Ane ia.GA Gael more,MD Blrmieghorn.Al CNcogo,IL July 16, 1986 anclencel.OM 1 Danox,1X Dayloh OH Denver.CO Rocky Mountain Consultants,Inc. GarbIN 500 Coffman Street Harrisburg.PA 1 Suite 107 """"""'e•Al. lexmplo4 KY Longmont Colorado 80501 loutsvee.KY Newport NC Raleigh NC 1 Sceksbury.MD Attention: Ms. Susan RuptashSavornee.WosINnatoCC *leuaaen 1 1 AleXOk VA VA Subject Subsidence Potential,Graden Mine Noroo<VA Wilmar Subdivision Weld County,Colorado ATEC Project No. 41-64012 Dear Ms.Ruptash: -1 As per our agreement dated July 15, 1986, ATEC Associates,Inc. (ATEC)evaluated the potential Ifor mine subsidence beneath the extreme northeast corner of the proposed Wilmar Subdivision in Section 11, of Township 1 North, Range 68 West, Weld County, Colorado. This study was jundertaken without the benefit of any direct geotechnical data. No compression testing of rock core samples was performed. All depths and thickness used in the evaluation were obtained from the idrill hole results of a previous ATEC investigation, ATEC Project No. 41-53118. Average 1 unconfined compressive strength of coal within the Laramie Formation was taken from previous ATEC investigations. A detailed geologic description is presented in the previous report. j J-IISTORY IThe Graden Mine was first opened in 1935. Total production during the 20 years of operation was placed at 896,078 tons. Maximum yearly production of 92,354 tons occurred in 1944. Entry was jgained through a 325 foot deep double compartment shaft located 0.5 miles east of the proposed Wilmar Subdivision. The mine was officially closed in 1955. 1 Consa'i.nng Geo:ecnr.,col Envuonmen•ct&Materials Engineers Rocky Mountain Consultants, Inc. July 16, 1986 Page 2 PILLAR STRENGTH ANALYSIS The area of mine development beneath the extreme northeastern corner of lot 5 and the northwestern corner of Lot 6, Block 1 (see Drawing 2 in the Appendix) should be considered as non-developable until direct drill hole information is available. The following discussion outlines ATEC's methods and procedures. The method of pillar analysis used for this study is adapted from a paper by Goodman,Korbay and Buchignani entitled"Evaluation of Collapse Potential Over Abandoned Room and Pillar Mines", (1980). However, several adaptations and modifications had to be made for this study. The stress on each pillar was calculated by multiplying the depth to the top of the "main" seam (taken from the nearest drill hole)by the area supported by each pillar(i.e. tributary area equals 1/2 the distance between adjacent pillars) and multiplying that volume by 130 pounds per cubic foot (pcf). The density value of 130 pcf was an average of the densities for roof and floor rock from previous ATEC investigations. The design strength of each individual pillar was calculated using the following formula: qp = qu *N shape F Where: qp = pillar design strength qu = compressive strength (300 psi, 1/2 the unconfined compressive strength of previous coal sampled) N shape = .875 + .25 width/height of pillar F = safety factor(2) Rocky Mountain Consultants,Inc. July 16, 1986 Page 3 The N size correction of Goodman's formula was not applied because the rock mechanics data collected for this study did not include the necessary information. Additionally, the skin effect correction was not included because hand tool mining methods and the immediate flooding of the mines would act to preserve the integrity of the pillar. ATEC assumes that the safety factor of 2 will compensate for not using the N size correction or skin effect correction. Additionally, the unconfined compressive strength of 700 psi was divided by 2. The height of each pillar was taken from the"main" coal seam thickness encountered in the nearest drill hole. The narrowest width of the pillar was taken from the mine map. This analysis was performed for all pillars investigated under the affected area, Sete Table No. 1. It resulted in 2 of the pillars being below design strength. The below-design strength pillars are identified on Drawing No.2 in the Appendix. rONCLUSIONS ATEC recognizes that the data upon which the previous evaluation was performed is extremely general. However, the built in conservatism in the present assessment, ( [1] 300 psi unconfined compressive strength of coal when testing has shown samples in excess of 700 psi and [21 the generous safety factor of 2)leads ATEC to conclude that 1) Failure of the remaining above design strength pillars is extremely remote. 2) No restrictions should be placed,due to potential mine subsidence,on Lots 1,2,3,4,7 and 8 of Block 1 or Lots 1-9 of Block 2 of the proposed Wilmar Subdivision. 3) Lots 5 and 6 of Block 1 should have additional geotechnical studies performed including drilling, or not allow building within 250 feet of the mine workings (this does not include the above design strength pillar's evaluated in this report). Rocky Mountain Consultants,Inc. July 16, 1986 Page 4 CLOSURE', 1 The conclusions presented herein were developed from existing information obtained from field exploration and laboratory testing on similar projects. Rock and groundwater conditions at those locations may differ from conditions occurring within the study area. The nature and extent of any variations may not become evident until a later date. If variations then appear evident it may be necessary to re-evaluate the recommendations of this report after performing on-site investigations evaluating the characteristics of any variations. • Our professional services have been performed, our findings obtained, and our recommendations • prepared in accordance with generally accepted geotechnical engineering principles and practices. This warranty is in lieu of all other warranties,either express or implied. Any persons using this report for bidding purposes should perform such independent investigation as he deems necessary to satisfy himself as to the surface and subsurface conditions to be encountered,and the procedures to be used in the performance of the work on this project It has been our pleasure to serve you on this project If you have any questions,please contact the undersigned. Respectfully submitted, ATEC ASSOCIA Greg D. Sherman, G Geotechnical Divisio Manager GDS/krb „ TABLE 1 STRENGTH PILLAR ANALYSIS Thickness 211 Pillar No. Width Deoth of coal tlg 2 22 1 65 250 7.5 912.5 456.2 280 r 2 65 250 7.5 912.5 456.2 278 3 65 250 7.5 912.5 456.2 267 4 65 250 7.5 9I2.5 456.2 321 5 65 250 7.5 912.5 456.2 256 6 65 250 7.5 912.5 456.2 287 7 65 250 7.5 912.5 456.2 283 8 65 250 7.5 912.5 456.2 296 * 9 25 250 7.5 512.5 256.2 305 ' 10 40 250 7.5 662.5 331.2 301 I *11 25 250 7.5 512.5 256.2 575 12 50 250 7.5 762.5 381.2 361 13 65 250 7.5 912.5 456.2 305 * Below design strength pillars qp = Design strength of pillar aR = Divided by safety factor of 2 2 qo = Overburden stress I J, ' /1 i . i She 1 2 O� ,- / I wn �• \ ere—c•: -_ pc as e , , i. , III L\ ' \ \ — c� u \J \ \ B der V3 ley r j „- • G 2 \ I .� - ) r,• cl 1 {/// l 4 of C` /// i'tI� PROJECT _ /�Y ( / ` LOCATION // .. / IV y( / i � � v F / l --%"$‘4.„. ` r A o \/--2 i '. �., V SCALE . I' = 20004 \��---�/ �:�_J V /,� i /� � e� __ PROJECT NO, SITE VICINITY MAP 41 - 64012 sic WILMAR SUBDIVISION DATE JULY 1986 ��` WELD COUNTY, COLORADO DRAWING NO. .l I • TABLE OF CONTENTS Page I. STAFF RECOMMENDATION II. APPLICANTS RESPONSE TO CONDITIONS 4 III . GEOLOGIC HAZARD DEVELOPMENT - PERMIT PROCEDURAL GUIDE 6 IV. EROSION CONTROL PLAN 10 V. COUNTY PLANNING COMMISSION RESOLUTION OF RECOMMENDATIONS TO THE BOARD OF COUNTY COMMISSIONERS 13 VI. SECTION 5-1 WELD COUNTY SUBDIVISION REGULATIONS APPLICATION REQUIREMENTS 16 VII. SECTION 5-4 WELD COUNTY SUBDIVISION REGULATIONS OUTLINGING CRITERIA FOR PRELIMINARY PLAN APPROVAL 19 VIII. APPLICANTS LETTER OF COMPLIANCE 22 IX. PRELIMINARY PLAN SUBDIVISION APPLICATION 24 X. WELD COUNTY REFERRALS AND RESPONSES 27 XI. STATE OF COLORADO GEOLOGICAL SURVEY 34 XII. COMMITMENT TO SERVE WATER FROM CWCWD 42 XIII. SOILS REPORT FROM EMPIRE LABORATORIES, INC 45 XIV. PETITION FOR INCLUSION INTO DACONO SANITATION DISTRICT 54 XV. AGREEMENT AND COVENANT REGARDING SEWER SERVICES 55 XVI. ZONING RESOLUTION 56 IF C. 6179-2d_ November 4, 1986 CASE NUMBER: S-264:86:9 • NAME: Martin and Wilma J. Oase ADDRESS: 4784 Weld County Road 12, Erie, Colorado 80516 REQUEST: Subdivision — Preliminary Plan LEGAL DESCRIPTION: Ni NE} of Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 mile west of Dacono; south of Weld County Road 12 and west of Weld County Road 11 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 5-1 of the Weld County Subdivision Regulations.. 2. it is the opinion of the Department of Planning Services staff chat the applicant has shown compliance with Section 5-4 of the Weld County Subdivision Regulations. The Central Weld County Water District has committed to provide the water supply to the Industrial Subdivision. The water supply system shall be provided, consistent with the requirements of Section. 8-10 of the Weld county Subdivision Regulations, pursuant to the public water supply systems and fire safety requirements. The site has been determined to be suitable for individual septic disposal systems by the Weld County Health Department. This determination is conditional on the following items: 1. A reduction from 19 to 13 lots. 2. Engineering studies to predetermine the locations of the leach fields on each lot. 3. A specific restriction of septic system capacity, type and maximum square footage and therefore, maximum flow for each specific lot. 4. A commitment to abandon the existing septic systems and connect to a municipal system as soon as- it becomes available to the subdivision. The septic systems shall be installed consistent with the requirements of the Weld County Individual Sewage Disposal System Regulations and Section 8-9 of the Weld County Subdivision Regulations. • S-264:86:9 Martin and Wilma Oase Page 2 • The site's soil is comprised of Kim Loam, Bunn Clay Loam, and Ulm Clay Loam, which is classified as prime farmland by the Boulder Valley Soil Conservation District. The proposed subdivision will not create soil erosion, soil instability, or reduction in the capacity of the land to hold water so that it results in an unstable, unhealthy, or dangerous condition affecting human life or structures. The industrial uses within the subdivision shall comply with all state and County Health Department Regulations pertaining to air emission. The proposal will not cause unreasonable highway congestion. Don Carroll, Weld County Engineering Department, has reviewed this proposal and has set forth no objections in a memo dated July 25, 1986. Based upon the application materials and referral responses, the proposal will not place an unreasonable burden on the school district, governmental services providing water, sewage, fire, police, hospital, or solid waste disposal. The Tri-Area Planning Commission has reviewed this request and recommends approval. The proposal will not have an undue adverse affect on the scenic or natural beauty of the area and does not affect a historical site or a rare natural area. 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 Wilmer Subdivision shall consist of only 13 lots. , 2. Engineering studies shall be performed to predetermine the location of leach fields for each lot. The final plat shall reflect_ the engineered design location of the leach fields. 3. The septic system for each lot shall be restricted to the engineered predetermined capacity, maximum square footage, and the maximum flow. This information shall be reflected on the final plat for each lot in the subdivision. 4. The developer shall provide evidence of a commitment to abandon the existing septic systems and connect to a municipal system as soon as it becomes available to the subdivision. - ^ ^2r2 S-264:86:9 Martin and Wilma Case Page 3 5. The developer/owner shall petition to be included into the Dacono Sanitation District. Evidence of the petition shall be included in the final plat application. 6. The developer shall provide for the installation of fire hydrants within the subdivision and along Weld County Road 12, the number and location shall be determined by the Longmont Fire Protection District. Hydrants shall be installed prior to any construction. 7. The proposed subdivision shall include a new eight (8) inch diameter water main to provide a looped service when five lots have been developed, or within two years, whichever may occur first. 8. The final plat application shall include a letter of agreement from Left Hand Water Supply Company regarding adequate water supply for fire protection. 9. Prior to the issuance of building permits, site plans shall be reviewed and approved in accordance with Section 23 of the weld County Zoning Ordinance. 10. A Geologic Hazard Overlay permit shall be obtained for Lots 4 and 5, Block 1, prior to .the issuance of building permits. U , Suh'y.60 '4./e(Yrat : (,rvk2-d�:.p[ .:. Conditions 1 through 1C shall appear as notes on the Preliminary Plan recorded plat. Prior to the Board of county Commissioners hearing, the applicant and/or developer shall provide evidence that the Colorado Geological Survey review fee of $135.00 has been paid. The final plat shall include the required utility service statement with all appropriate signatures. 3 APPLICANT RESPONSE TO CONDITIONS 11 OUTLINED IN STAFF RECOMMENDATION 1 . The Wilmar Subdivision consists of 13 lots. 2. Engineering studies have been preformed by Mr. Ed Paas of Empire Laboratories, Inc. to pre-determine the location of leach fields for each lot. The location of each system' s leach field is shown on the Preliminary Plat and will be shown on the Final Plat. 3. Mr. Ed Paas of Empire Laboratories, Inc. determined the capacity, maximum square footage and maximum flow for the septic system on each lot. This information is reflected in the table on the Preliminary Plat (a copy of his report is enclosed). 4. See agreement to annex attached. 5. See petition to annex attached. 6. The developer shall provide for the installation of fire hydrants within the Subdivision and along Weld County Road No. 12, the number and location shall be determined by the Longmont Fire Protection District. Hydrants shall be installed prior to any construction (see attached letter from LFPD). 7. The proposed subdivision shall include a new eight-inch (8) diameter water main to provide a looped service when the LFPD deems it necessary in order to provide adequate fire protection to serve the lots (see attached letter from LFPD). r O,ry 4 8. The Final Plat application shall include a Letter of Agreement from Left Hand Water Supply Company regarding adequate water supply for fire protec- tion. 9. Prior to the issuance of building permits, site plans shall be reviewed and approved in accordance with Section 23 of the Weld County Zoning Ordinance. 10. A Geologic Hazard Overlay Permit shall be obtained for lots 4 and 5, Block 1 , prior to the issuance of building permits (see attached Procedural Guide). 11 . An Erosion Control Plan has been established under the direction o'.' the Soil Conservation Service and reviewed by them. Attached is a copy of that plan. _ / ' rim 5 HAND Post Office Box 210, Niwot, CO 80544-0210 W•TE� � . SUPPLY II (303) 652-2188, Metro (303) 443-2036 November 17, 1986 Jennifer Rodriguez Rocky Mountain Consultants 5OO Coffman St. Suite 107 Longmont, CO 605O1 Re: Wilmar Subdivision Dear Jennifer: We are looking into the feasibility of a 6" connection between our system and that of Central Weld to supply additional flow to the above - referenced subdivision. I have made some calculations of the flow we could supply at certain pressures, and this information has been forwarded to Dale Olhausen at Central Weld. Our Board of Directors will make the final decision cn whether or not we would want to have such a connection and this will be done when a formal request from Central Weld Water District is received. Sincerely, • Terri Magnuson Company Engineer TM/rr pc 27 Rocky Mountain Consultants, Inc 4 yy �jF e airy ~ 500 Coffman Street, Suite 107 • Longmont, CO 80501 • (303) 772-5282 " W;,,t �b' Offices also located in Denver and Estes Park, CO • Metro line: 665-6283 November 14, 1985 Captain William R. Emerson Fire Marshal Longmont Fire Protection District 9119 County Line Road Longmont, CO 80501 RE: Wilmer Subdivision Dear Captain Emerson: This letter is a follow-up to our phone conversation today regarding your August 15, 1986 referral on the subject project. You had requested two modifications (shown below in capital letters) to the course of action as proposed in Sue Ruptash's letters of August 5, 1986. 1. OBTAIN A LETTER OF AGREEMENT FROM LEFT HAND WATER SUPPLY COMPANY (for the temporary cross-connect) The LHWSC monthly board meeting was held Monday, November 10, 1986. They had not yet received a formal request from CWCWD to consider this request. Mr. Dale Olhausen, Manager for CWCWD has been asked to write this request and LHWSC should take it up at their December meeting. Approval of this cross-connect is tantamount to the developer's request for Phase I water supply and fire protection. Since this project is only at the Preliminary Plat stage, we request that you allow us to proceed into Final Plat stage, knowing that LHWSC will discuss it at their December meeting and that, without an agreement , the developers will not obtain Final Plat approval . You also indicated that for your approval at Final Plat stage, we would have to provide you with the engineering calculations to show sufficient volume of flow could be provided to fight a fire in the Phase I condition. 2. CONSTRUCTION OF A NEW 8-INCH DIAMETER WATER MAIN TO PROVIDE A LOOPED SERVICE, WHEN 5 LOTS HAVE BEEN DEVELOPED OR WITHIN 2 YEARS, WHICHEVER MAY OCCUR FIRST. In a letter dated July 25, 1986, Dale 0lhausen stated that CWCWD will be seeking $95,000 in plant investment fees from Wismar Subdivision. In a phone conversation with him November 10, 1986, he said that this fee would Sri 4 Letter to Captain William R. Emerson Page 2 of 2 cover the cost of either a 6" or an 8" main. The way your stipulation reads, the Oase's would be required to construct the water line in two years even if none of the lots have been sold. You agreed that this was not your intent and that, instead, you wanted the ability to evaluate each proposed use within the project as to its fire protection needs. The loop might be needed sooner than two years or not until later from the standpoint of the LFPD. We are in agreement to proceed on the basis of reviewing with you the fire protection need of each proposed use and when you and/or the CWCWD feel the loop is warranted, the fees will be paid by the developers. 3. Provide for the installation of fire hydrants within the subdivision and along WCR 1112, number and location to be determined by L.F.P.D. hydrants shall be installed prior to any construction. To clarify "hydrants shall be installed prior to any construction" the intent is to have fire hydrants installed and in service only as each lot is sold and prior to construction on said lot. If you are in agreement with the conditions of this letter, please indicate so by signing below. Thank you for your consideration in this matter. Very truly yours, ROCKY MOUNTAIN CONSULTANTS, INC. John B. Cummings, Jr., P.E. cc: Dale Olhausen, CWCWD Jim Dickey, LHWSC Martin and Wilma Oase CONCURRENCE BY: 4-5116 3l /? Will{am R. Emerson Date Fire Marshal Longmont Fire Protection District GEOLOGIC HAZARD DEVELOPMENT PERMIT PROCEDURAL GUIDE The purpose of this packet is to provide an applicant for a Geologic Hazard Development Permit information on the review process, the application submittal requirements, and the responsibilities of the parties involved. This packet is organized as follows: I. A brief explanation of the process for reviewing a Geologic Hazard Development Permit Application. II. An outline of the determinations to be made by the Department of Planning Services in reviewing an application for a Geologic Hazard Development Permit- III. Application requirements for a Geologic Hazard Development Permit. The applicant is encouraged to contact the Department of Planning Services staff to resolve any question which might arise at any time in the process. In particular the applicant is encouraged to keep in close contact with the Depart- ment of-Planning Services staff once an application has been Submitted to keep abreast of any developments pertaining to the case. I. Review Process for a Development Permit Request Sections 27 and 52 of the Weld County Zoning Ordinance detail the Procedure to be followed in processing a Geologic Hazard Development Permit Application and the responsibilities of the applicant and the Department of Planning Services staff. The following brief description is a synopsis of those sections of the Zoning Ordinance (available at the office of'.the Weld County Department of Planning Services) . Once a complete application. for a Geologic Hazard Development Permit is submitted, the Department of Planning Services staff does the following: A. Refers the case to applicable agencies for- their review and comment. B. Review the proposal for conformance with the standards set forth in Sections 27.4 and 52.2 of the Weld County Zoning Ordinance. C. Notify the applicant in writing of the decision reached regarding • the Geologic Hazard Development Permit. D. If approved, attach a copy of the certification of approval of the Geologic Hazard Development Permit to the appropriate building permit. Li Geologic Hazard Development permit Procedural Guide Page 2 II. Standards. The Department of Planning Services shall not issue a Geologic Hazard Overlay District Permit until it has determined that all applicable standards specified in this Section have been met by the applicant. A. Applicants seeking a permit to develop in a regulated geologic hazard area must demonstrate to the Department of Planning Services through required maps and reports that all significant geologic hazards to public health and safety and to property shall be minimized by using mitigating techniques. These maps and reports shall be certified by a registered professional engineer who shall certify that the design of the proposal ensures the protection of human life and property from the adverse impacts of geologic hazards to the greatest extent possible. B. Any construction approved by the Department of Planning Services within a regulated geologic hazard area shall be supervised by a qualified professional engineer. Engineering techniques to mitigate geologic hazard conditions at the site shall be employed. C. Qualifications of Investigators. All geologic maps and reports required by these regulations shall be prepared by or under the directions of, and shall be signed by a professional geologist as defined by Sections 34-1-201, et. seq. , Colorado Revised Statutes 1973. All engineering work required by these regulations shall be prepared by or under the direction of a registered professional engineer as defined in Section 12-25-101, et. seq. , Colorado Re- vised Statutes, 1973. III. Application Requirements. Geologic Hazard Overlay District Development Permit applications submitted for review shall include the following in- formation. Applications containing less than the specified requirements shall not be accepted for review unless the applicant has submitted to and had approved by the Department of Planning Services written justification as. to why a particular. requirement does not pertain to the proposed development. A. A map portraying the geologic conditions of the area with particular attention given to the specific regulated geologic hazards. The map shall be delineated in -drawing ink on mylar or other drafting medium approved by the Department of Planning Services_ The dimensions of the map shall be twenty-four (24) inches by thirty- six (36) inches. The map shall be prepared at a 1" = 100' scale and shall include the parcel in question, as well as features within 500 feet of the parcel boundaries. The scale of the map may be reduced or enlarged upon approval of the Department of Planning Services. Such map shall also include: 1 Geologic Hazard Development Permit Procedural Guide Page 3 -1. A certified boundary survey of the property for which application is made. Bearings and distances of all perimeter boundary lines shall be indicated • outside the -boundary lines- 2. The topography of the area at ten (10) foot contour intervals or at intervals as determined by the Board of County Commissioners or its authorized representative. 3. Existing structures and landscape features, including the name and location of all watercourses, ponds, and other bodies of water. 4. Proposed building locations and arrangements. 5. The legend shall include a complete and accurate legal description as prescribed by the development permit application form. The description shall include the total acreage of the surveyed Parcel. 6. Certificates. (1) Engineer's Certificate; (2) Surveyor's Certificate. 7. Title, scale and north arrow. 8. Date, including revision dates if applicable. , 9. Such additional information as may be required by the Board of County Commissioners. B. A geologic report explaining the above maps with particular emphasis on evaluating and predicting the impact of such geologic conditions on the proposed land use changes and developments. The report shall also include recommended mitigating procedures to be employed in meeting the intent and purposes of this regulation. Specific requirements of said report are listed below. 1. Ground Subsidence Areas. Applications for development in ground subsidence areas shall include, but not be limited to, the following information or data, where applicable. a. Amount of material removed or materials subject to volume decrease. . b. Interval between the ground surface and the location of void space or materials subject to volume decrease. Geologic Hazard Development Permit Procedural Guide Page 4 c. In poorly consolidated aquifers, the effect of pore fluid withdrawal. d. In wind deposited silt (loess) areas, and areas of predominantly fine-grained colluvial soils, the,amount of wetting the area is subject to and its effect. • e. In areas of soluble materials, the effect of wetting. f. In areas of underground mining, data regarding air shafts, haulage ways, adits, faults, rooms and pillars, and final mine maps. g. Building type and proportion. h. Pertinent geologic and hydrologic factors of the area. i. 'Pest hole and well log data. j. Mitigation techniques that will be employed, including effectiveness and estimated cost of such techniques. k. Pertinent historic factors including, but not limited to, past occurences of ground subsidence in the area proposed for development. • • EROSION CONTROL PLAN WILMAR SUBDIVISION The development of each lot within the Wilmar Subdivision shall conform to U.S. Soil Conservation Service Standards regarding temporary and permanent erosion control . A detailed drainage report will be provided at the final plat stage and detention ponds will be designed on a per lot basis. Permanent erosion control shall consist of the following: l . In the event that animals other than domestic pets are to be housed on any of the lots which are platted in the Wilmar Subdivision, they must be confined by means of a fence or other comparable barriers, and shall have a plan by which permanent vegetative cover shall be maintained. 2. Erosion of ground surface must be mitigated through the use of windbreaks; these barriers should consist of vegetative or non-vegetative materials spaced in accord with Soil Conservation Services recommended practices. 3. Increased drainage runoff must be managed through the use of on-site ponds or other acceptable practices as established by the Weld County Engineering Standards and by the Soil Conservation Service. 4. Areas disturbed during construction shall be landscaped or graded and seeded between October 31 and April 30 with Luna Pubescent Wheatgrass at a rate of 9 lbs./acre. 10 Temporary Erosion Control Required during construction until permanent erosion control measures can be established shall include: 1 . Seeding of top soil stock piles and other disturbed areas with forage sorgum at a rate of 10-15 lbs/acre from June 1 to July 1 to prevent erosion. 2. Mulching at a rate of 2 tons/acre with clean straw from July 1 to October 31 . 3. See attached detail regarding drainage runoff temporary erosion control . Il Temporary Erosion Controll- Required during construction until permanent erosion control measures can be established. ITD. ll.;oalc.„ 'L•ts 110 .PCLC Alt PMI •t Mt D DNA1N.V RANI mots / Dee".M CI EvITION i rvt Pitt "AO 00 0•1101 t-MWst„, PtK et l„0..„i Ntl FTTm CICVATION - : 0 0 ,•(1111 ' 0 •0,11 I i 11' l � rtw L''OO•�o III ' I b,.1,011.(__ 1 I iJI • O O4 „<r 'ALE csca o+w 0 I� D 1 I. I PLAN PLAN � D' DETAIL DETAIL TEMPORARY SEDIMENTATION INLET SEDIMENTATION PROTECTION POND ' „It ( TYPICAL ALL U CTCNTgN PONDS} sty: TEMPORARY EROSION & SEDIMENT CONTROL DETAILS REOUIREG DURING CONSTRUCTION OPERATIONS UNTIL PERMANENT EROSION CONTROL SYSTEM' HAS BEEN ESTABLISHED. . 11a- S-264:86:9 Martin and Wilma J. Oase Page 2 CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commaisbion, 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 November 4, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 5th day of November, 1986. Bobbie Good Secretary 11/ BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO IRE BOARD OF COUNTY COMMISSIONERS Moved by Ann Garrison 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 NUMBER: S-264:86:9 NAME: Martin and Wilma J. Case ADDRESS: 4784 Weld County Road 12, Erie, Colorado 80516 REQUEST: Subdivision - Preliminary Plan LEGAL DESCRIPTION: N} NE} of Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 mile west of Dacono; aouth of Weld County Road 12 and west of Weld County Road 11 be recommended unfavorably to the Board of County Commissioners for the following reasons: Based on the fact that the Weld County Comprehensive Plan has suggested that the best kind of economic growth is economic growth that borders current cities or towns and this particular subdivision would not border any city or town. . Motion seconded by Paulette Weaver. • VOTE: For Passage Against Passage Lydia Dunbar Lynn Brown LeAnn Reid Ivan Gosnell Louis Rademacher Paulette Weaver Ann Garrison Jack Holman 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. 1 Summary of the Weld County Planning Commission November 4, 1986 Page 5 CASE NUMBER: S-264:86:9 APPLICANT: Martin and Wilma J. Oase REQUEST: Subdivision, Preliminary Plan LEGAL DESCRIPTION: Ni NE•} of Section 11 , TIN, RGBW of the Gth P.M. , Weld County, Colorado LOCATION: Approximately .75 mile west of Dacono; south of Weld County Road 12 and west of Weld County Road 11 APPEARANCE: Jennifer Rodriguez, Planning Consultant, Rocky Mountain Consultants, represented the applicants. This property is currently zoned Industrial Three. The applicants have changed the lot configurations from nineteen to thirteen lots partly in response the the Health Department's recuirements to allow each lot to be large enough to handle individual septic systems until the applicants can go onto a public sewer system. The final plat will locate the individually engineered septic systems. They have met with the Dacono Planning Commission, Town Board. and Sanitation District. This property it in Dacono's town growth plan and if annexed, they can go onto the sewer system. They will comply with all recommendations made by the Dacono Fire Department. They are in full agreement with the staff's recommendations, and conditions with the exception of #7. Central Weld County Water District has guaranteed water for five or six lots for a period of two years. Wes Potter reported lots sizes were figured for each pre-engineered septic system. Therefore the types of industrial uses that can go into this subdivision will be limited to what each individual septic system can handle. Tape 254 - Side 2 AMENDMENT: Paulette Weaver moved the applicant work out a conservation plan with the Soil Conservation Service before they can go to the Board of County Commissioners with a Preliminary Plan. Motion seconded by Ann Garrison. The Chairman called for discussicn from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. Lee Morrison reported he had spoken with the applicant's counsel. They discussed concepts and not proposals. 14 Summary of the Weld County Planning Commission November 4, 1986 Page 6 The Chairman called for discussion from the members of the audience. There was none. The Chairman asked that reading of the staff's recommendations and conditions be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Ann Garrison moved Case Number S-264:56:9 for Martin and Wilma J. Oase for a subdivision preliminary plan be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for denial based on the fact that the Weld County Comprehensive Plan has suggested that the best king of economic growth is economic growth that borders current cities or towns and this particular subdivision would not border eny city or tow:.. 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. Lydia Dunbar - Yes; Lynn Brown - Yes, and in addition to the reasons cited, she has a great deal of concern about the proliferation of additional septic systems in an area like this. LeAnn Reid - Yes; Ivan Gesnell - Yes; Louis Rademacher - Yes; Paulette Weaver - Yes; Ann Garrison - Yes; Jack Holman - Yes, for all of the reasons already stated. Motion carried unanimously. CASE NUMBER: USR-764:86:45 APPLICANT: Monfort of Colorado REQUEST: Use by Special Review permit for an agricultural service establishment (expansion of corporate complex) LEGAL DESCRIPTION: Part of the NW and part of the NE of Section 30, TGN, R65W of the 6th P.M., Weld County, Colorado LOCATION: Approximately .5 mile north of Greeley City Limits; north of Weld County Road 64 and west of U.S. Highway 85 APPEARANCE: Kay Norton, Associate General Counsel, Monfort of Colorado, represented the applicants. This is Monfort's Corporate Readcuarters and has previously been a nonconforming use. Any expansion of a nonconforming use requires a Use by Special Review permit to be taken cut and that' is why they are here. The expansion is less than ten percent of their space and will include four new employees. This will be used primarily by computer services. The building is nearly completed. They applied for the building permit and were told they I . PSECTION 5 PRELIMINARY PLAN 5-1 Submission_ Requirements Copies of all required material shall be officially submitted to the Planning Department and Planning Commission offices by the subdivider (or his authorized representative) . A preliminary plan filing fee shall accompany the submittal in accordance with the fee schedule as adopted by resolution of the Board. A. Plan Requirements ill (1) One copy of an Application for Approval of a Preliminary Plan and all required supporting documents. S (2) An adequate number of black on white or blue on white prints of each sheet of the Preliminary Plan to provide the Planning Commission and other agencies sufficient copies for their review. (3) A receipt shall be issued to the subdivider for the i Preliminary Plan submission when it has been determined that the submission includes all the requirements set forth in these regulations. The date of the Planning Commission meeting to review the plans shall be specified on the receipt. B. Drawing Requirements The Preliminary Plan may be drawn with scaled dimensions and need not be an engineering drawing with calculations or dimensions and survey closures. A workman—like execution of the plan shall be li made in every detail. A poorly drawn or illegible plan is sufficient cause for its rejection. 1 j The following data shall be submitted as part of the Preliminary Plan submission: a (1) A Vicinity Map, at one inch to 600 foot scale, showing perimeter outline of the proposed subdivision, accesses, abutting subdivision outlines and names, zoning districts, taxing districts, and other special districts, and other lill relevant information within one—half (S) mile distance of the perimeter of the proposed subdivision. (2) Outer boundary lines of the proposed subdivision. (3) The preliminary plan shall be drawn to a scale less than one inch (1") equals one hundred (100) feet (unless a variation 0 from this scale is allowed by the Planner due to the size and nature of the proposed development) , and shall indicate the basis of bearings; true north point; name of the subdivision; township, range, section and quarter section; block and lot.: . number (of the property under consideration) . 3,7 ;la • (4) The preliminary plan shall contain existing contours at two (2) foot intervals for predominant ground slopes within the tract between level and five percent (52) grade and five foot (5') contours for predominant ground slopes within the tract over five percent (57.) grade. Elevations shall be based on National Geodetic Survey sea level data. In cases of predominantly level topography throughout a subdivision, one foot (1') interval contours may be required. ,, (5) Total acreage of entire proposed subdivision. (6) Lot and street layout, including proposed future street layout in dashed line for any portion or parcel of adjacent land not being subdivided now. (7) Existing street names. I! • (8) Dimensions of all lots to nearest foot which may be scaled values. (9) Lot and blocks numbered consecutively. (10) Location, size and use of all existing and proposed public and private easements. (ii) Existing and proposed water mains, fire hydrants, sewers utility mains (electric, gas, telephone) or other undergroundIP structures within the subdivision and at least 100 feet immediately adjacent to boundary streets. • (12) Area of each lot in square feet if lot size is less than one acre and in acres otherwise. • (13) Water courses and proposed storm water drainage systems10 including culverts, water areas, streams, areas subject to occasional flooding and high ground water, marshy areas and swamps. (Note: detail design of drainage structures not required for preliminary plan.) (14) The approximate boundaries of areas subject to inundation or storm water overflows of an intensity estfmated to occur with a return frequency of once every 50 years and once every 100 years. a (15) Existing buildings, other easements, telephone lines, gas lines, power lines, and other features located on the subdivision and within two hundred (200) feet of its boundaries. IP (16) Location and ownership of irrigation ditches and other structures appurtenant to irrigation systems. '(17) Abutting property lines and the respective owners' names. (18) General location in the subdivision area of trees over six (6) inches in diameter, measured at six (6) feet above ground. 2n cases of heavily wooded areas, indicate the outline of wooded area and location of trees which are to remain. It is the_.intent of this requirement to determine the approximate location of trees for design evaluation rather than to require unnecessary surveying of exact tree location. (19) Proposed sites to be reserved or dedicated for parks, playgrounds, schools, or other public uses. (20) Proposed sites, if any, for multi—family dwellings, shopping centers, community facilities, industry, or other uses, exclusive of single family dwellings. (21) Location, function, ownership and manner of maintenance of common open space reserved or dedicated for the use and benefit of the owners and future owners of the proposed subdivision. (22) The substance of all other covenants, grants of easements or restrictions to be imposed upon the use of land, buildings, and structures. (23) An affidavit that the applicant is the owner, equitable owner or authorized by the owner, in writing, to make application for the land proposed to be subdivided. 5-2 Supporting Documents Required The following material shall accompany the Preliminary Plan and be considered a part of the submission: A. Three copies of the Sewage Disposal Report as required by the Planning Commission. B. Geologic maps and investigation reports regarding area suitability for the proposed development. C. Soil type maps and tables of soil type interpretations prepared as part of the Sketch Plan submission, based on the National Cooperative Soils Survey, U.S. Department of Agriculture, Soil Conservation Service, provided by the Soil Conservation District. D. A letter from each special district, municipality or utility company involved addressed to the Planning Commission, and a utility service statement accompanied by a plat signed by the appropriate representative stating that specific services and/or utilities are available and they have reviewed the plan and are setting forth their comments concerning the extent of services and the design of utility easements. • y r r in � 5 I. Planner ll The Planner shall ensure the completeness of the Preliminary Plan submission and shall insure its conformance with the Comprehensive Plan and good subdivision design practices. The Planner shall II make a report of his review of the Preliminary Plan to the Planning Commission. • I 5-4 Approval or Disapproval - Preliminary Plan A. A Preliminary Plan shall be approved by the Planning Commission. unless it finds that the Preliminary Plan fails to meet the I requirements specified herein or that the proposed preliminary plan is detrimental to the public health, safety, or general welfare as set forth in this Section as follows: 1 (1) Eealth, Safety, and Welfare Before approving the Preliminary Plan, the Planning IICommission shall determine that the subdivision: (a) Will be served by a public water system or, if less than 1 I ten lots, will have sufficient well water available per lot, both physically and legally, for the foreseeable t needs of the subdivision or development, and will not r Icause an unreasonable depreciation of an existing water supply as evaluated by the State Engineer. Evidence regarding water supply: quality, quantity, and t dependability. Evidence may include: evidence of II ewnership_ or right of acquisition of or use of existing and proposed water rights; historic use and estimated 1 yield of claimed water rights; amenability of existing I rights to a change in use; evidence that public or private water owners can and will supply water to the proposed subdivision stating the amount of water j available for use within the subdivision and the Ill feasibility of extending service to that area; evidence concerning the potability of the proposed water supply for the subdivision. NI (b) Will be served by a public sanitation system or on-lot sewage disposal system that will not result in water pollution. In making this latter determination, the Planning Commission shall consider: the amount of rainfall received by the area; the relation of the land to flood plains; the nature of soils and subsoils and their ability to adequately support waste disposal; the II slope of the land and the effect of effluents; the presence of streams as related to effluent disposal; the applicable health and water resources department regulations. Ili m • (c) Will not cause soil erosion, soil instability or reduction in the capacity of the land to hold water so 7 that it results in an unstable, unhealthy or dangerous condition affecting human life or structures. (d) Will not cause air pollution based on state health department standards. In making this determination they shall consider the elevation of land above sea level; land topography; prevailing winds or the absence thereof; local and regional airsheds; increase in sources or quantity of emission, as well as quality of such, and such other items as are deemed pertinent. (e) Will not cause unreasonable highway congestion or unsafe conditions with respect to use of the highways existing or proposed; will not cause unreasonable burden on the ability of a school district to provide educational services; will not place an unreasonable burden on the ability of the local governments to provide water, sewage, fire, police, hospital, solid waste disposal and other services. (f) Will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historical sites or rare and irreplaceable natural areas; will not have an undue adverse effect on wildlife and their habitat, and on the preservation of agricultural land. B. Data and Investigations The Planning Commission nay conduct such investigations, • examinations, test and site evaluations as they deem necessary to verify information contained in the application. An applicant shall grant the Planning Commission, or their agents, permission to enter upon his land for these purposes. C. Recommendation The Planning Commission shall review the Preliminary Plan at a regularly scheduled public meeting. Within ten (10) days after the Planning Commission has made a final recommendation as to the Preliminary Plan approval or disapproval, the Planning Commission shall send written notification of its review and its recommendations concerning the Preliminary Plan to the Board. D. Burden of Proof The burden of proof shall be on the subdivider to show the reasonableness of his plan, the lack of adverse effect, and compliance with the elements of the public health, safety, and general welfare as set forth in Section 5-4—A. E. Board Hearing • The Board shall hold a hearing on the Preliminary Plan at a regularly scheduled Board meeting within ten (10) days of receipt 14 ZO 1 of transmittal of the Planning Commission recommendation. If the Board determines that the E. Board Hearin The Board shall hold a hearing on the Preliminary Plan at a regularly scheduled Board meeting within ten (10) days of receipt of transmittal of the Planning Commission recommendation. If the Board determines that the Preliminary Plan submission complies with the applicable requirements of these regulations, it shall authorize the subdivider to proceed with the Final Plat, subject to such terms, conditions or modifications as the Board determines to be appropriate. F. Plan Disapproval. and Reapplication Disapproval of a Preliminary Plan shall contain in writing the specific reasons for disapproval. A subdivider may, within six (6) months, resubmit his plan application which shall include an affidavit to the Planning Commission and Board that the deficiencies in the previous application have been corrected without paying additional fees. A review of the reapplication shall follow the same review as outline in these regulations for a new application. Any reapplication after six (6) months will require a new fee. • I U N r j APPLICANTS LETTER OF COMPLIANCE 5.1 A. 1 . Application filed at time of submittal . 2. Prints submitted (20 copies) (dune 2, 1986). 3. Receipt - Letter dated July 22, 1986 to Mr. & Mrs. Oase from Gloria Dunn. - Application complete and in order at this time. B. All items addressed in Section B are shown on the Preliminary Plat. Included with the title work is an ownership affidavit. 5.4 A. 1 . Health, Safety and Welfare a. The subject property will be served by the Central Weld County Water District (see attached letter). Additional water pressure needed to meet fire flow requirements will be provided by a cross-over connection with Left Hand Water Supply (see attached letter). b. Extensive soils testing has been done on the site by Mr. Ed Paas of Empire Laboratory, Inc. Septic systems have been located on each lot based on the results of those tests. Additional restrictions as to size and capacity of the systems has also been added to the preliminary plat. A commitment to abandon the existing septic systems and connect to a municipal system once it becomes available has also been provided. All septic systems shall be installed consistent with the requirements of the Weld County Individual Sewage Disposal System Regulations and shall conform to Section 8-9 of the Weld County Subdivision Regulations. F?:.:- 2>^ 2� c. An erosion control plan has been submitted to and approved by the J.S. Soil Conservation Service. Development of this site will not cause soil instability or reduction of the capability of the land to hold water or result in an unstable, unhealthy or dangerous condition affecting human life or structures. d. Development on this site will meet all State Health Department Standards regarding air pollution. e. Development of the site shall provide for a safe, unconjested traffic pattern on both existing and proposed streets. As an industrial development, no additional burden will be placed on the school system. Adequate water service, fire protection, police protection, solid waste disposal can be provided for this site. f. There are no historical sites or rare or irreplaceable natural areas on the site which will be effected by development. The wildlife in the area will not be significantly impacted. Development of this site as industrial lots will be compatabie with the surrounding land use. The parcel adjacent to this site on the west is an auto salvage yard. The remainder of the surrounding property is zoned _ to the north, _ to the east and to the south. 7r, - 3 PRELIMINARY PLAN SUBDIVISION APPLICATION • Department of Planning Services, 915 - 10th Street , Greeley, Colorado PHONE : 35641000 Ext . 404 POR PLANNING DEPARTMENT USE ONLY: CASE NO. APPL. FEE `ZONING DISTRICT _ RECORDING PEE DATE _ RECEIPT NO. APPL. CHECKED DY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures ) : I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION : The N%, of the NE, of Section 11, Township 1 North, Range 68 West of the Gth P.M. , EXCEPTING THEREFROM that portion conveyed to the Community Consolidated Canal and Reservoir Company by Deed recorded Guly 29, 1908 in Book 283 at Page 140, Weld County Records. :If additional space is required, attach an additional sheet of this same TAME OF PROPOSED SUBDIVISION Willmar Subdivision ision EXISTING ZONING f_ PROPOSED ZONING 1-3 ?OTAL AREA (ACRES) 80.479 NO. OP PROPOSED LOTS 16 .OT SIZE: AVERAGE 4..5 acres �{ 'TILITIES: WATER: a 2.3 acres NAME Central Weld County ':raterter SEWER: NAME Ind CPDtic Systems GAS : NAME Rocxy Mountain Gas PHONE: NAME Moiintair 8n11 '1STRICTS: SCHOOL: NAME Nnt ApRlirahle — FIRE: NAME inn.Qmont Rural Fire District ESIGNERS ' NAME Rocky Mountain Consultants , Inc. DDRESS SOD Coffman Street, Suite 107 Longmont, CO 80501 PHONE. 772-ai82 NGINEERS ' NAME Ci,mn DDRESS EE OWNER OF AREA PROPOSED FOR SUBDIVISION PHONE MME Martin 0asq and Wilma 0 . 0ase DDRESS fizejaeisur :r.ta Road 12 Erie, C0 80516 65 AME I iivNE t_n;,, ,;,,G7 DDRESS AME PHONE DDRESS PHONE hereby depose and state under the penalties i_r roposals and/or plans submitted with or o dewithi that all statements, ntainre true and correct to the best of myknowledgeed -th n th- knr_ cation RUNTY OF WELD ) PATE OP COLORADO) Sign CVLE ms's t.._ e . Owner .or Authorized Agent ibscribed and sworn to before me this day of '� (-_vx.0 l9 1,b SEAL :ARY PUBLIC �� -------� • commission expires: / r )4-79-0^3 y , m.7, v� WrT,te. 7� Rocky h'ountarn Consultants, • 4. 4 tM` a 4 i 3j.r• rek 1414. 500 Coltman Street.Suite 107•Longmont.CC 8C50'•(303) 772-5282 '^' r '114. also located in Denver and Estes Park.CO •Denver line: 665-5283 June 2, 1986 Ms. Debbie de Besche Department of Planning Services Weld County 915 10th Street Greeley, CO 80631 RE: Wilmar Subdivision (formerly Oase Subdivision) Dear Debbie: Please find enclosed our submission for Preliminary Plan for the Wilmar Subdivision. (Formerly the Oase Subdivision) . We have enclosed the following items: 1) Filing fee ($275.00) 2) Preliminary Plan Subdivision Application (20 copies) 3) Preliminary Plan (20 copies) 4) Surrounding Property Owner' s Report (Delivered under separate cover) We wish to update you on the status of other items relevant to this submittal : Colorado Geological Survey: We are meeting with them this week to solicit their review. Central Weld County Water: We have been as yet unable to schedule a meeting and will do so as soon as possible. Sewage Disposal Report: Two recent tests by Weld County Health Department and three existing systems on the site in good working order attest to the feasibility of standard septic systems. We can provide more information if so requested by your office. t ".2 Page 2 Ms. Debbie de Besche Longmont Rural Fire District: We wish to wait for comments from the Water Supply Company prior to resuming discussions with the Fire District. Other Utilities: All necessary services exist to the site. We will meet with gas, telephone and electric companies this week to solicit their recommendations. Road Maintenance Agreement: We are preparing a draft copy per the suggestion and for the approval of Mr. Con Carroll , Engineering Department. Covenants: The Owners wish to prepare covenants to exclude any uses that emit offensive or noxious fumes. They may also include any construction restrictions that may be necessary to satisfy the Fire District require- ments. These will be drafted after all related comments are received. Please call us should you have any questions or need any further information in order to process this application. Thank you for your help. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. SiSAPAAArittiAre S. M. Ruptash Enclosures PFr;f lVEu J U L 2 `� �ar i DEPAR EN O LA NING SER ICES • • ' 7 ' ( PHONE(Z03)376-4000 EXT.4400 „� t*irN 9L` 50th STREET • GREELEY,COLORADO 80634 1701 yretve • fey .t:jer COLORADO July 22, 1986 • Martin and Wilma J. Oase 4784 Weld County Road 12 Erie, CO 80516 Re: S-264:86:9 Request for a Subdivision - preliminary plan on a parcel of land described the Ni NE} of Section 11, TIN, R6SW of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Ouse' 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 Planning Commission on August 19, 1986, 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 mater,als to the Tri Area Planning Commission for their review and comments. Please contact Rebecca Marker at 740-7100 for further details regarding the date, time and place of this meeting. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least ten (10) -days preceding the hearing date. . Please be sure the sign is posted no later than August 9, 1986. n _•7. '>2 • • Martin 6 Wilma Oase July 21, 1986 • Page 2 If you have any questions concerning this matter, please feel free to call me. Respectfully, cio_ig V. Dunn Current Planner CVD:dy Enclosure • P.c. Sue Ruptash Rocky Mountain Consultants, Inc. 500 Coffman Street, Suite 107 Longmont, CO 80501 P.S. Utility Coordinating Advisory Committee will meet Thursday, august 14, 1986, at 10:00 a.m. Le-) s ? DEPARTM_N T OF PLANNING SERVICES rr kl r PHONE(303)355.4000 EXT.4400 •r < ` 915 10th STREET GREEL EY,:oLORADo 30,531 Vgig COLORADO CASE WU1MER S-264:86:9 July 21, 1986 • I, • I TO WHOM IT MAY CONCERN: Enclosed is an application from Martin and Wilma J. Case for a Subdivision preliminary plan The parcel of land is described as the N} NE; of Section 11, TIN, R6SW of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .75 mile west of bacon°, south of Weld County Road 12, and vest of Weld County Road 11. This application is submitted to your office for review and recommendations. Any commence or recommendations you consider relevant to this request would be appreciated, tour prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by August 11, 1986, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. X Please refer to the enclosed letter. Signed: k _ _.k , Agency: Boulder Valley Date: August 1, 1986 6 "!J Soil Conservation District Gloria'V. Dunn ��i''\� E Curtrenf Planner revtbr , ofr�� / at. f UG 05 198o I _. _ Weld Co. Planning Cumfni$!iab Boulder Valley Soil Conservation District 9595 Nelson Road,,8ox D • Longmont, Colorado 80501 April 21, 1986 Ms. Debbie deBesche, Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Case No. 5-262:86:7 — Martin & Wilma Oase Subdivision Dear Debbie: The proposed site of the Oase Subdivision is to be located on some unfavorable soils. Soils on this site include Kim loam, 1-3% slopes, Kim loam, 5-9% slopes, Alm clay lour 3-5% slopes, and Nunn loam, 1-3% slopes. Suitability for hones and buildings on Kim loam soils has moderate limitations due to the low strength of the soil. Nunn loam and Ulm clay loam also have low strength, coupled with a shrink-swell potential which may heave and cause cracks in the building foundation. These limitations do not mean buildings cannot be built there, they will just need special consideration and protective measures during construction. On-site sewage systems also have severe limitations on these soils. The Nunn loam and the Ulm clay loam have slow percolation rates and the Ulm soils will seep. The Kim loans also tend to seep and are somewhat limited by the slope of the land. Erosion control, especially on dryland sites, during construction is another issue that needs to be addressed. The dust will need to be controlled during and after construction. Thanks for the opportunity to comment on this proposed land development. If we can be of any further assistance, please feel free to contact us. Sincerely, • Jack C. Wheeler President JCW:rah CONSEnVAT!ON - DEVELOPMENT SE,c.00venNmEr.T DEPART i_NT OF PLANNING SERVICES r i ` PHONE;303)356.4000 EXT.4400 �'+� _ , 9'5 70th STREET • GREELEY.COLORADO SG"o37 d' !}�O ,. s V n1 $eta a« V JUL 1986 • COLORADO k F;R� !•'J;cCi;CN im) 11ci:Cr CASE NUMBER S-264:86:9 CD1i�1.:UNr CQ nV July 21. 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Martin and Wilma J. Oase for a Subdivision. — preliminary plan The parcel of land is described as the NI NE} of Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .75 mile west of Dacono, south of Weld County Road 12, and vest of Weld County Road 11. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by August 11, 1986, so that we may give full consideration to your recommendation. Thank you very much for your help aad cooperation in • this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. XX - Please refer to the enclosed letter. Signed: 221/44-4:-... 45? ��-•r'�+^o Agency: Longmont Date: 24 Auoys , 1986 William R. Emerson Fire Prot. Dist 71 Planner S�;',r ry Gloria V. Duna Cu O�fr`I` J_ti�V�� ren IIll)I! JUL 291986 • Gel' Cu. PI:t;::r:;.: '`D�IeMONT • • LONGMONT FIRE PROTECTION DISTRICT o S.• 9119 County Line Rd., Longmont, CC 80501. (303) 772-0710 op._; David Bierwler Conrad Hopp SiCaard Hicks Mite HoluaCC.'r. Felix Owen Wilbur Nuss --� Fire Chief Director Director Director Director Director • 15 August 1986 Ms. Susan Ruptash — Designer • Rocky Mountain Consultants, Inc. 500 Coffman Street, Suite 107 - Longmont, Colorado 80501 RC: Wilmar Subdivision Dear Ms. Ruptash: Having reviewed all correspondence received to date and in consideration of your request of the Longmont Fire Protection District (LFPD) to reconsider the requirement for an on—site 300,000 gallon water storage tank for fire protection, we agree with the course of action outlined in your letters of August 5, 1986, with the following modifications: PHASE I Obtain a letter of agreement from Left Hand 'Water Supply Company. Provide for the installation of fire hydrants within the subdivision and along WCR h12, number and location to be determined by LEAD. Hydrants shall be installed prior to any construction. PHASE II Construction of a new 8 inch diameter water main to provide a looped service, when. 5 lots hevo been developed or within 2 years, whichever may occur first. Taking the above course of action will eliminate LFPD's requirement for a 300,000 gallon on-site water storage tank. Should you have any questions please call this office. Sincerely, 7/�1 !.t/.L1 it,vrri 2c-27 William.. R. Emerson fire Marshal I(f� 1 Cop/ere ( \�� 5) � � Copies: Board of Directors I Secretary/Attorney � District Chief \1� 4J cif! 19$0 fife (3) t~� mitsiDO -/;. � Corm. ^ .7'i • • ` c�ovr LONGMONT FIRE PROTECTION DISTRICT kG � 1t < 9119 County Line Rd., Longmont, CO 80501 (303) 772-0710 r ^�Yec„ar�� David Diorwilor COnrad Hopp Ric11rC HiCkt Miko Ho:ubOC•Jr. Fotia Dwon Wr:Dur Nutt Firo Chic! Director Oiroctor Director proctor Dt,uctor Juno 30 , 1986 • Ms. Susan Ruptash, Designer Rocky Mountain Consultants , Inc. S00 Coffman Street, Suite 107 Longmont , CO 80501 Dear Ms. Ruptash, This letter will document our recent meeting regarding the Wilmar (Oase) Subdivision. As we discussed, the April I 1 , 1986 left-77.-10 you from Central Weld County water District (CWCWD) : cads us to believe, that a firm corrumitta:cnt to upgrade the existing water system is not likely in the near future. Therefore, we require an on site water supply of not less than 300 , 000 gallons of water - for fire protection. This supply source could be an elevated metal storage tank, gravity flow type or a ground level tank or an embankment supported , rubberized, fabric suction storage tank. All require automatic fire pumps , valves , etc . The water supply could still come from CWCWD. The water level in the tank must be maintained automatically with pipe size to fill the tank within eight hours . In addition , the covenants of the development shall require: 1 . Property owners to contact the fire district prior to any plans for development being submitted to Weld County Planning Department , t. All proposed changes in occupancy to a structure to be coordinated with the fire district , 3 . Structures to be protected by automatic sprinkler systems and standpipe systems , 4. Restrictions of occupancy to ordinary hazard and below, 5 : Building height to be limited to 35 feet or three stories , • 6. Building construction types be limited to type I-FR, type Ii-FR . 11 one hour , and type ill-one hour , 7. Floor area limitations to the requirements of the 1985 Uniform Building Code Table 5-C. Some of these restrictions are based upon the type of _ occupancy presently anticipated and could vary dependin�� on individual occupancies in the development . Feel free to . Contact us again whenever you have comments or questions . EI Sincerely, IIII �`„� ?J 1986 pc: ^ •7 ?? 1 !\ r;. 7larring Cr^,@ISSiO�- wi l 1 . ,;m R . Emerson Fire rthal . 1. PD 4O(•-c4>gP9d WE-87-0001 v: O RICHARD D.LAMM \C.. ,, 7 * JOHN W.ROLD GOVERe00. is\�+ r.�w�"�" 'f O:REOTOR /876 COLORADO GEOLOGICAL SURVEY • DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING--1313 SHERMAN STREET ' DENVER.COLORADO 80203 PHONE(303)866.2611 August 13, 1986 Gloria V. Dunn • Weld County Dept. of Planning Services • 915 10th Street Greeley, CO 80631 Dear Ms, Dunn: RE: WILMAR SUBDIVISION We have reviewed the geologic factors related to this proposed subdivision and find the following: 1 . General soil conditions should be suitable for the intended purpose. 2. Soils are not suitable for standard septic leach fields. All percolation rates are near or above the acceptable level . Engineered systems may be used, but if the intended use is an industrial park and if other than standard household wastes may be coming from these industries, then we recommend a public system be required. 3. Drainage across the NW corner of Lot 1 , Block 2, needs to be . investigated. 4. The potential for mine subsidence has been addressed in the ATEC Report #41-64012. We concur with their methods, results and recommendations. It should be noted that on the boring location plan that pillars 9 and 11 were not properly marked per the Explanation and this should be corrected. This site is suitable for the proposed use if a waste system is installed that precludes the use of leach fields. If you have any questions, please call . - Sincerely, L. R. Ladwig, Chief Minerals Fuels Section I ID rrr J '"T[1Vr looIj I 1 ; c, bcr:LRL-87-014 pc-7 n I !Jct.) 3190/7 I, GEOLOGY STORY OF THE PAST..,KEY TO THE FUTURE W°I u- ?bni'n b:i^' sclel: i7tr eyeC>.( ,--- . yT - of-co4o ---.,b :) NQg °o WE-87-0001 ♦ * JOHN W.BOLD RICHARD D.LAMM Y a� o.nEcroa GOVERNOR r"'"� 1876 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE(303)866-2611 August 15, 1986 Gloria V. Dunn Weld County Planning Services 915 10th Street Greeley, CO 80631 Dear Sirs: RE: WILMAR SUBDIVISION As a follow-up on this subdivision, p'.ease note. It is important to note that there is an increasing awareness among the public that radon, a radioactive gas, occurs in Colorado at levels above the national average and that this gas is hazardous to their health. The sediments that overlie the bedrock, as well as the bedrock at this site, have not actually been tested to determine their radon content, if any. We would advise that this potential problem be addressed. If you have any questions, please call . Sincerely, L. R. Ladwig, Chief Minerals Fuels Section bcr:LRL-87-020 Hic? 319 /1 3190/15 N'uct 18 Liao GEOLOGY STORY OFTHEPAST...KEYTOTHEFUTURE �ICI,I'i Cu. ?Ivr.% `l,uTllLISmh :'1 mEnnieRAnixt. p e - To Planning Department One August 15, 1986 'COLORADO From Wes Potter, Director, Health Protection Services IA ) 11V� (S) 6 Subject: S-2446:86:9 The site has clay base soils with a percolation rate of 40 to 480 minutes per inch. Section 6. 1 C of the Weld County Individual Septic Disposal System Regulations restricts the number of evapotranspiration systems in a new sub division to no greater than 25%. { Therefore, due to the extensive size possibly required by industrial sewage disposal systems and the restriction of a suitable soil this division does not recommend for approval of this proposed sub division. By Direction of Ralph R. Wooley, M.D. , Director, Weld County Health Department • • • anti tX,i ,,UL Lu 1980 Weld Cu. Plustita Cn:n:ntssI ' /NJ' DEPART i,,ENT OF PLANNING SERVICES g PHONE(303)3564CC0 E .4400 ,". S s'4 _i .. 915 10th STREET 4 .• GREELEY,COLORADO 80631 • S" `+ COLORADO • CASE NU ER S-264:86:9 July 21, 1986 rj pz,a/M/IRAQ! P C TO WHOM IT MAY CONCERN: Enclosed is an application from Martin and Wilma J. Oase for a Subdivision — preliminary plan. The parcel of land is described as the N} NE} of Section 11, TIN, R68W of the 6th P.N,. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .75 mile west of Dacono, south of Weld County Road 12, and west of Weld County Road 11. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by August 11, 1986, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. �. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. Please refer to the enclosed letter./�Signed: U / ( Agency: Date: 17' •a • 8S0 Gloria V. Dunn Curren Planner 5'71 A��/ � E l s AnDu Gloria V. Dunn To Current Planner Date July 25, 1986 COLORADO From Donald R. Carroll , Administrative Manager - Engineering Dept. Martin and Wilma J. Dase for subdivision - S-264:86:9 Subject: 1 We have reviewed the preliminary plan and have no problems . In the final plat we would like the following items addressed: 1. The internal road cross section - is it going to be paved, gravel with shoulders , or borrow pit ditches with culverts at all accesses. 2. Applicant needs to address the access roads - upgrades leading to the property for upgrading and dust control with a road maintenance agreement. • 3. Culvert size 15" C.M.P. Min. at all accesses. 4. Water line out of roadway. Relocate to borrow pit or shoulder • area. Taps to each lot. • 5. Paving is required for public street. 6. A "Master Drainage Plan" that addresses retention will be required. Subsequent site plans that handle drainage in accordance with the "Master Plan" will be required for individual lots. DRC/bf • po §. ti CVyrnr 1988 Ly ) /r. n'.. ....'_ Welt ?13arnc; `oaGu:ussiLt. J DEPART r.tENT OF PLANNING SERVICES i Jr to PHONE(303;350-4000 EXT.4400 ttt / 915 10th STREET V REELEY.COLORADO 30631 acck et, xk Ref Y COLORADO CASE MAIER S-264:86:9 July 21, 1986 r ' TO WROY. IT MAY CONCERN: Enclosed is an application from Martin and Wilma J. Oase for a Subdivision — preliminary plan The parcel of land is described as the Ni NE} of Section 11, TIN, R6S14 of the 6th P_M. , Weld County, Colorado. The location of the parcel of land for which this application has beet submitted is approximately .75 mile west of Dacono, south of Weld County Road 12, and vest of Weld County Road 11. This application is submitted to your office for review sad recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilita'i:e the processing of the proposal and will ensure prompt consideration of ya:,r recommendations. If a response from your office is not received within fourteen (14) days of nailing from our office, it may be interpreted to :^.:an approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by August 11, 1986, so that we may give full consideration to your recammendatibn. Thank you very much for your help and cooperation in this matter. 1. /� We have reviewed the proposal and find no conflicts with our ( interests.* 2. A formal recommendation is under consideration and will be .mitted prior to 3. P > =e refer///I to the enclosed letter. Signed: sr�"' _ (/ -,., Arg Agency: % ic)// / inn So. DWe toi r.) el as ill 3 { i986 I Cloria V. Dunn Weld CD. Minima Cualrissicu Curiren Planner �r K� - t f .i.I /'• I. j e Ir'E'K' N 1N`+'+r NnP I WL(�QC �iVi'�t� h3'_'C .+,/I �n'CI..L':"fin�/)r �•l. 1 ICS '- r�P:Uji V.Kt; v,- .:•,.�:� 6lAcCL ac rCIJ f,or, i.& c) L'C'.!evu, . / _\ chi r C!.3;--lam rrr • • DEPARTMENT OF PLANNING SERV`CES g ( PHONE(303)356-4000 EXT. 4400 • t d 915 loth STREET IP IjA I q.< GREELEY,COLORADO 00631 Noe COLORADO• CASE NU D ER S-264:8G:9 July 21, 1986 • TO WROMIT MAY CONCERN: - -• ' ' Enclosed is an application from Martin and Wilma J. Oase for a Subdivision — preliminary plan The parcel of land is described as the Ni NE} of Section 11, TIN, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is _ approximately .75 mile west of Dacono, south of Weld County Road 12, and west of Weld County Road 11. . This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt .reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by August 11, 1986, so that we may give full consideration to your recommendation. 1.. Xx We have reviewed this request and find that the request does (does/does not) comply with our Comprehensive Plan for the following reasons. Well planned usage of land and • within guidelines of county ordinance and our compre- hensive plan . 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. A formal recommendation is under consideration and will be submitted to you prior to: • 4. Please refer o the enclosed letter. • Signed t„(LULAgency: Tri -Area Planning Commission Secretary Date: Au ust 6 , 1986 Thank you vary much for your help and cooperation in this matter. Gloria . Dunn I, II Curr n• Planner I� AUG1980 Wetd Co. Pianist Commission BUGocyo I�1 ! ; • FILING NUMBER: S-264:8- DATE OF INSPECTION: g'— V— CrG — NAME: Martin and Wilma J. ?AS . Nang i;lipm;1 REQUEST: subdivision - Preliminary Plan . LEGAL DESCRIPTION: Nis NEli of Section 11, TIN, RGSW of the Gth P.M. , Weld County LAND USE: N ,11 _ ez-7.7) of ZONING: N Qa�cll� v 4 LOCATION: Approximately .75 mile west of E Dacono; south of Weld County Road 12 and west S fi of Weld County Road 11 W COMMENTS: • • l CENTRAL WELD COUNTY WATER DISTRICT • August 12, 1986 S. M. Ruptash Rocky Mountain Consultants, Inc. 500 Coffman St. , Suite 107 Longmont, CO 80501 RE! Water Service Dear Ms. Ruptash: This letter is in response to your request for water service to serve the following described property : Nli NE3 Sec 11, TIN, R68W, Weld County, Colorado. Water service ran be made available to the above described property provided all requirements of the District are satisfied , including easements where required for District Facilities. r Central Weld County Water District requires that contracts be consumated within one ( 1 ) year from the date of this letter , or this letter shall become null and void unless ext,ended in writing by the District . Very truly yours , CENTRAL WELD COUNTY WATERDISTRICT Dale D. Olhausen Secretary -- Manager DDO/caa p = i£ AUG 141986 \\, ll 1Yeld to.Planning C�°°issian ;ter-:- � r, 5 2nd Avenue • Greeley, Colorado So631 • (303) 3524^$i • Da,e D.Ollnauaen,Manager • August 12, 1986 NOn:v SOmmetviite S'MIAt mey Weld County Board of County Commissioners 915 — 10th Street Greeley, Colorado 80631 Weld County Planning Commission 915 - 10th Street Greeley, Colorado 80631 Re: Case No. S-264 : 86 :9 Martin and Wilma J. Case: Applicants Subdivision-Preliminary Plan Township 1 North, Range 68 West Section 11: N/2NE/4 Ladies and Gentlemen: Champlin Petroleum Company owns the oil and gas which underlies the N/2NE/4 of Section 11, Township 1 North, Range 66 West, Weld County, Colorado, which is the subject of the above-referenced application for a subdivision preliminary plan. I note further that Champlin currently has two wells which are located on the property which is the subject of the application. • I understand from a telephone conversation on August 12, 1986, with Gloria V. Dunn, Planner for the Weld County Department of Planning Services, that the acreage which is the subject of the application includes approximately 80 acres and is currently zoned I.3 ( Industrial) . As you are probably aware, the Weld County Zoning Ordinance provides in Section 34 . 4 . 2 .7 that oil and gas production facilities are a use by right within the I-3 district. In my telephone conversation with the applicant, Mr. Martin Oase, I have determined that the applicants do not intend to interfere with Champlin' s rights to produce oil and gas which is located on the property and that they have provided in their preliminary plan for Champlin to have access to its drillsites and production • 1,r, 4J Weld County Board of County Commisioners Weld County Planning Commission • Ausust 12, 1986 Page 2 facilities. Representatives from Champlin have met with a consultant for the applicants and they have determined that the access routes and easements which are included in the preliminary plan are acceptable to Champlin. In that the applicants have agreed that they will not interfere with oil and gas operations or production • facilities on the property, it appears that Champlin' s rights to develop its oil and gas will not be substan- tially affected by the approval of the preliminary plan for the subdivision, and, therefore, Champlin does not • object to the application. I wish to note, however, that the oil and gas estate is the dominant estate and that Champlin wishes to preserve all the rights that it has to drill for •oil and gas and to produce the oil and gas which is located. under the acreage in accordance with government rules and regulations. Very truly yours, Molly Sommerville MS: jaj cc: W. D. Lancaster T. W. Lindquist R. M. Moss Dave Brody - Amoco Rocky Mountain Consultants Martin Oase • D ` 1• AUG. 19 ]980 field Ca.Planning Comnissiea LIU i Empire Laboratories, Inc. P.O.Box 503 • (303)484.0359 GEOTECHNICAL ENGINEERING&MATERIALS TESTING 201 No.Howes • Fort Cosns.Co!oraoo 80522 October 7, 1986 Rocky Mtn. Consultants 500 Coffman, Suite #107 Longmont, CO 80501 Attention: Mrs. Jennifer Rodriguez Re: Wiimar Subdivision Weld County, Colorado • I Gentlemen: IOur firm has performed a total of twenty-five (25) percolation tests and twenty-one (21) exploratory borings at the above-referenced subdivision. The percolation tests were performed on June 7, August 28 and October 6, 1986. The exploratory borings were drilled to depths of eight (8) to nine (9) feet and the percolation holes were drilled to depths of two and one- i half (2}) feet. Percolation tests were performed in the field after a twenty- � four (24) hour soak period. The purpose of this investigation was to determine the suitability of this proposed subdivision for individual septic systems. The purpose of the percolation tests on October 6, 1986 was to I define areas within the confines of revised lots which are suitable for I standard septic systems. Our last investigation concentrated on the west half of the subdivision where some high percolation rates were recorded in previous investigations. I The total number of lots in this subdivision has been reduced from sixteen I (16) to thirteen (13) since our original investigation to help assure meeting the Weld County requirement of no more than twenty-five percent (25%) evapotranspiration systems in new subdivisions. It is our understanding t that two (2) lots in this subdivision already have standard septic systems. The soil conditions at this site consists basically of approximately six (6) I 1 inches of clayey topsoil overlying sandy silty clay with occasional layers of I silty sand. Claystone or sandstone bedrock was encountered in several i borings at depths ranging from six and one-half (63) to eight and one-half I (8+) feet below the ground surface. No subsurface groundwater was encountered at the time of our investigation to a depth of eight (8) feet. However, water levels could fluctuate on this site due to seasonal variations and irrigation demands. Please refer to the enclosed boring logs for a more accurate description of the soil conditions. ".;°°RAIT:a rO Branch Offices a P.O.Box 1125 P.O.Box!744 P.O.Box !0070 4 Longmon!,Co;orado 60502Greeley.Colorado 80032C..^.e Cnne.W omin 8200}d (703)776-0921 (303)351-C400 Y Y 9-�O� (307;6329224 r '%l 4V � Member of Cons-.F nC Engineers Cou:^�c!! I Rocky Mtn. Consultants I October 7, 1986 Page 2 Percolation rates ranging from ten ( 10) to four hundred and eighty (480) minutes per inch were recorded on this site. It is our opinion that an engineered evapotranspiration septic system will be required on Lot 1 Block 1 I of this subdivision. We feel that areas large enough for supporting standard I septic systems can be located on the remaining lots with proper planning. I An additional two (2) lots in this subdivision can use evapotranspiration septic systems and the subdivision will still meet the County regulation of no more than twenty-five percent (25%) evapotranspiration systems for new subdivisions. It is our opinion that the leachate from standard systems on this site will basically flow downward to the bedrock before flowing laterally. I Due to the depth of the bedrock stratum on this site, we would not anticipate seepage problems of the leachate from septic systems at the surface, providing no seepage beds are placed on slopes greater than eight percent (8%) . It I is suggested that industry with low water usage be planned for lots where evapotranspiration systems are anticipated. Additional percolation tests will be required on each lot prior to construction : for the purpose of designing septic systems. Proper planning of building I and parking configurations to allow for locating leach fields in areas of permeable soil will be advantageous from a standpoint of minimizing costs of septic systems, reducing the area required for leach fields and assuring conformance with County regulations. Enclosed please find our test boring location plan, log of borings, key to borings and summary of percolation tests. We are pleased to have been of service to you on this project. Please contact us if you•have any questions regarding these results. ,I Very truly yours, EMPIRE LABORATORIES, INC. -., e+ueM err CCV r`l, pgD J pt'•, Edward J. Paas, P.E. eo /Longmont Branch Manager = 4 15T76 — Colorado Registration #13776 ' per Cr /pjk , l9z. nt QO``�. r.TF OF L 401. t� ra TEST BORING LOCATION PUN N SCALE )'= 300' • 1 .• - 422 /•.24 ND./B 9 A4./1 - N0,5 N0.17 No.9 /.t0-6 i 2/er, NO.11 S—& S e9 0eVO ,✓.z5 N0.8. !(l N0.10 N0.7 11• - 1 No.16 1 'ice iti NO3 tt N • No.;5 EXISTING I RESIDENCE AND 1 I OUT BUILDINGS 1 5 —DEG P BORING ANo PFgC. TEST NO. 12 5 No.1a 1 I NO. 1 N 0.2 NO.13 5 • 0,h C>Jry, RD. 1 ' - EMPIRE [A& ATnR'Fc tnw- KEY TO BORING LOGS ./.• TOPSOIL GRAVEL •._ • FILL •�`' SAND & GRAVEL .• SILT SILTY SAND & GRAVEL rf/ i 'i+: CLAYEY SILT IO COBBLES ts SANDY SILT P SAND,GRAVEL& COBBLES CLAY a WEATHERED BEDROCK SILTY CLAY T_ SILTSTONE BEDROCK i f� SANDY CLAY CLAYSTONE BEDROCK ,( l SAND SANDSTONE BEDROCK ' �'• SILTY SAND IT I LIMESTONE i I CLAYEY SAND ["f f GRANITE SANDY SILTY •CLAY ' SHELBY TUBE SAMPLE STANDARD PENETRATION DRIVE SAMPLER Q WATER TABLE 24 hours AFTER DRILLING C HOLE CAVED 5/12 Indtcotes that 5 blows of a 140 pound hemmer falling 30 Inches was ranuIrad to penetrate 12 Inches. EMPIRE LA0ORATORi$.11JC. L,%' _ LOG OF BORINGS • • DEPTH NO. I . • NO. 2 NO. J • • 27/ 442 4-1:7 Jo • NO. 5 .NO. G x10. 7 -, • ; • - ' . /„7-27/ 5- / j - . i - . / /. - . / I y �1x E , 50/= J% 10 EMPIRE IA&ORATORIES, NC. LOG OF BORINGS • • • DtPTR NO $. N0.9 NP. fO NO. J I 0 f../7/rl ' "r, / / /r/ V.4 / // ,7/ / f, ; . 5 r / / i f M / 37/1? 50/6 4/124+/8 44/12:4- - 10 NO 12 N0. 13 NO. 14 NO. I5 0 r/v. iri Ti✓/o 7,. /y • / /Jj f / ,' 5 / / • 10/12 _ 7/12 27/12 50/8 :L2 10 1c• 7 ")^ EMPIRE ORA7ORIE5, INC. /`v U6 LOG OF BORINGS DEPTH NO. IG NO. 17 0 r.,. i 5 i ' i 50/9 Y 10 EMPIRE LABORATORIES, INC- ' • LOG OF BORINGS DEPTH /la/0 n/o-/9 rio.20 "0.21. 0 f r / 5 •r-• 10 50/6 f u OEPTF! Jazz NO.Z� dZ a.25 0 f • r / - 5 / / • / . 6/12 - 50/11 .4., 10 EMPIRE IAbORATnglr,, INC. SUMMARY OF PERCOLATION TESTS Percolation Rate Boring Number Location Minutes Per Inch 6/7/86 1 • Loft 8 Block 2 40 2 Lot 7 Block 1 45 3 Lot 6 Block 2 • 480 4 Lot 4 Block 1 480 5 Lot 4 Block 2 240 6 Lot 2 Block 2 60 i Lot 2 Block 1. 40 8/28/86 8 Lot 1 Block. 1 240 9 Lot 3 Block 2 40 10 Lot 3 Block 1 52 11 .Lot 5 Block 2 90 12 Lot 7 Block 2 45 •13 Lot 8 Block 1 45 14 Lot 6 Block 1 45 *15. Lot 4 Block .1 20 *16 Lot 6 Block 2 • 10 *17 Lot 4 Block 2 40 10/6/86 *18 Lot 3 Block 1 24 • *19 Lot 5 Block 2 24 *20 Lot 5 Block 2 24 *21 Lot 5 Block 2 Exploratory Hole *22 Lot 4 Block 2 . . 20 *23 , •• Lot 4 Block 2 30 *24 Lot 4 Block 2 30 *25- Lot .3 Block I 20 • • • • • *Retested in Different Area Within Lot. STATE OF COLORADO ) BEFORE THE BOARD ss. OF DIRECTORS OF THE COUNTY OF WELD ) DACONO SANITATION DISTRICT PETITION FOR INCLUSION 1. Martin Oase and Wilma J. Oase are fee owners of one hundred percent of the following described real property which is, or will be in a rea- sonable time, capable of being served by the Dacono Sanitation District. 2. The legal description of the property sought to be included under this Petition is attached hereto as Exhibit A. 3. Martin Oase and Wilma J. Oase assent to the inclusion of the above- described property into the Dacono Sanitation District and pray that the Board of Directors of said District grant this Petition after public notice and hearing as provided by law. Martin Oase Wilma J. Oase Address: 4784 Weld County Road 12 Erie, Colorado 80516 Telephone: 654-0867 The foregoing Petition for Inclusion was acknowledged before me this day of , 198 by Witness my hand and official seal . My commission expires: Notary Public SDF:bs SDFD 111886 54 AGREEMENT AND COVENANT REGARDING SEWER SERVICES 1. PARTIES. The parties to this Agreement are MARTIN OASE and WILMA J. OASE (hereinafter referred to as "the Oases") , and the COUNTY OF WELD, DEPARTMENT OF HEALTH (hereinafter referred to as "County") . 2. RECITALS AND PURPOSES. The Oases own the real property described in paragraph 3 below, and desire to develop such in accordance with Weld County Zoning and Subdivision Regulations. In the absence of services provided by a sanitation district, the Cases propose that sanitation needs be met by the installation of individual septic systems. The County recognizes that sanitation district service, while desirable, is not available at this time, but the parties agree that to protect the public health, the Oases shall , within ten days of final plat approval , petition for annexation to the Dacono Sanitation District and the individual systems shall be abandoned in favor of sanitation district service as soon as such service becomes available. The purpose of this Agreement is to set forth the terms of that agreement. 3. REAL PROPERTY. The property that is the subject of this Agreement is legally described as follows: WILMAR SUBDIVISION, N-1/2 of NE-1/4 of Section 11, Township 1 North, Range 68 West, Weld County, Colorado. 4. OASES' AGREEMENTS. 4.1 The Oases agree to submit a petition for inclusion into the Dacono Sanitation District within ten days of the final plat approval . In addition, the Final Plat shall not be recorded until such petition is submitted. 4.2 The Oases agree that when the lines of a sanitary sewer system, which is capable of serving the needs of the property, come within. 400 feet of the boundaries of the property, the property shall be connected to said lines, concurrently abandoning forever the individual septic systems in place. For the purposes of Section 32-1-1004(1) (a), C.R.S. , the parties acknowledge that this require- ment is necessary for the protection of public health. Further, the Oases acknowledge that although this statute requiring connection applies only to special districts, this commitment to abandon and to connect to a sewer system, is made regardless of the governmental entity that is operating the sewer system. The parties acknowledge that the duties hereunder require coordination and planning. Affirmative steps to connect to a sewer system must be made within 20 days of a notice given by the sanitation system that the lines are within 400 feet. Affirmative steps include, but are not limited to, the purchase of taps, engineering and other planning work. 5. ENFORCEMENT. The parties agree that breach of this Agreement shall cause damage that cannot be adequately determined and addressed by monetary recompense; therefore, it is expressly agreed that this Agreement shall be specifically enforceable in a court of law or equity by injunctive or other equitable relief. 6. COSTS. Any owner of any lot or parcel of land in the Wilmer Subdivision shall be responsible for the tap fees and construction costs for connecting his or her lot or parcel to the sewer lines. In addition, should main lines be laid throughout the subdivision, such that individ- ual owners may connect to them, the owners of each lot shall share equally the expense thereof. The Oases shall only bear the costs for the land still owned by them. 7. BINDING EFFECT - COVENANT RUNNING WITH LAND. This Agreement shall inure to to the benefit of, and be binding upon, the parties, and their respective legal representatives, successors, and assigns. Oases intend to sell and convey the individual lots in the development and this Agreement constitutes a covenant running with land, binding all subse- quent purchasers. A copy of the Agreement shall be recorded in the records of the Weld County Clerk and Recorder. B. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail , postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mail . 9. DELAYS. Any delays in , or failure of, performance by any party of his or its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party. 10. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 11. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 12. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any provision of this 2 . SC. I Agreement is held invalid or unenforceable , no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. 13. WAIVER OF BREACH. The waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 14. GOVERNING LAW. This Agreement shall be governed by the laws of Colorado. DATED: , 1986. Martin Oase Wilma J. Oase COUNTY OF WELD, DEPARTMENT OF HEALTH By Title STATE OF COLORADO ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 198 by Martin Oase and Wilma J. Oase. Witness my hand and official seal . My commission expires: Notary Public 3 • 5l STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 198 by as of the County of Weld, Department of Health. Witness my hand and official seal . My commission expires: • Notary Public SDF:bs AGMT3 111486 111888(a) 4 a 5 5 RESOLUTION RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL DISTRICT) TO I-3 (INDUSTRIAL DISTRICT) FOR MARTIN AND WILMA OASE 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 public hearing was held on the 1st day of Sept- ember, 1982 , at 2: 00 o' clock p.m. for the purpose of hearing the application of Martin and Wilma Oase, 4784 Weld County Road 12 , Erie, Colorado 80516, requesting a Change of Zone from A (Agricultural District) -to 1-3 (Industrial District) for a parcel of land located in the N'NE; of Section 11, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado being more particularly described in Exhibit "A" , attached hereto and incorporated herein by reference, and WHEREAS, section 21. 6. 2 of the Weld County Zoning Ordinance provides standards for review of such a Change of zone, and WHEREAS , the Board of County Commissioners heard all the testimony and statements of those present, has studied the re- quest of the applicant and the recommendations of the Weld County Planning Commission, and having been fully informed finds as follows: 1. The applicant has complied with Section 21.7 et. seq. of the Weld County Zoning Ordinance regarding the application requirements for a change of zone. 2. The request is in conformance with Section 21. 5. 1.1 of the Weld County Zoning Ordinance as follows : a) It is the opinion of the Weld County Board of County Commissioners that the proposed zone change is con- sistent with the Weld County Comprehensive Plan, and the proposed district will be compatible with the existing surrounding land uses and future de- velopment. The subject site is located in the Tri-Area Planning Commission Comprehensive Plan Areas. The Tri-Area Planning Commission is recommending approval of the request and identifies the subject site for future industrial land use. b) Weld County Road 12 will provide adequate access to the site. c) The proposed rezoning would not interfere with ex- traction of any known commercial mineral deposits. Page 2 RE: COZ — MARTIN AND WILMA O' d) Soil conditions do not present limitations to the construction of structures on the site. e) The proposed sewer system has been determined adequate. f) Water will be made available to the site by North • Central Weld. • NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application of Martin and Wilma Oase, for a Change of zone from A (Agricultural District) to 1-3 (Industrial District) on the above referenced parcel of land be, and hereby is granted subject to the following conditions: 1) A geological hazard survey permit is required for any portions of the property which are within the potential sub- sidence areas before any building permits are issued or before • any toxic materials are stored on the property; 2) Prior to the issuance of building permits, the applicants shall contact the Longmont tire Protection District to insure an adequate water supply is available for fire protection. The above and foregoing Resolution was , on motion duly made and seconded, adopted by •the following vote on the 1st day of September, A. D. , 1982. • 'f BOARD OF COUNTY COMMISSIONERS ATTEST: ` WELD COUNTY, COLORADO r 77 Weld County Clerk and Recorder / r, r 2j/72.,./%r) and Clerk to the Board Jcnn T. Martin, Crairman e . T. � NAY Deputy County Clerk hock Carlson,' Pro-Tem APPROVED AS TO FORM: — Norman Carlson v)r7-e / ��' s JCL County Attorney r. Kirby e K. Steinmark S`P 9 1982 Meld to.Planning C0rr•ISSICn DATE PRESENTED: September 8, 1982 5'1 RESOLUTION RE: APPROVAL OF RENEWAL REQUEST FOR HOTEL/RESTAURANT LIQUOR LICENSE, WITH EXTENDED HOURS, ISSUED TO HEINZ STEINMANN, D/B/A RED STEER RESTAURANT AND LOUNGE, INC. - EXPIRES DECEMBER 31 , 1987 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, Heinz Steinmann, d/b/a Red Steer Restaurant and Lounge, Inc. has presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a Hotel/Restaurant Liquor License, with extended hours, for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, and WHEREAS, pursuant to Weld County Ordinance No. 6 , Section II. , C. , said applicant has paid the sum of $128. 75 to the County of Weld for the renewal of the existing license, with extended hours, and WHEREAS, said applicant has exhibited a State Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 33131 U.S. Highway 85, Lucerne, Colorado 80646 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant , does hereby grant License Number 87-3 to said applicant to sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, only at retail at said location and does hereby authorize and direct the issuance of said license by the Chairman of the Board of County Commissioners, attested to by the County Clerk and Recorder, of Weld County, Colorado, which license shall be in effect until December 31 , 1987, providing that said place where the licensee is authorized to sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. 861121 Page 2 RE: HOTEL/RESTAURANT LIQUOR LICENSE The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 3rd day of November, .yA.D. , 1986. BOARD COUNTY COMMISSIONERS ATTEST: 1l(1 `e'�ril WELD COUNTY, COLORADO� Weld County Clerk and Recorder EXCUSED and Clerk to the Board Jacquel' ne nson, C airman ESCI1 i?41 1 ` -- i(t/- ,cam 4. / Go tl,?,.'! f LP -Tem Deputy County clerk APPROVED AS TO FORM: ene R. Br.nt er EXCUSED ATE OF SIGNING (AYE) CJ C.W. riy dp County Attorney , 9/~/1,15 Frank Xamaguc$fi 861121 STATE OF COLORADO , DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION -- buaw, `` LIQUOR-LICENSE RENEWAL APPLICATION x . . REu :STEER RESTAURANT 14-12176-00.I 44 ELCUNGE INC , x P C 8X 45 -t LUCERNE CC 90646-0045 DO NOT WRITE IN This SPACE - - : . - ixALL RETAIL LICENSE.RENEWALS must be reviewed and approved FIRST by the local licensing authority. Please complete this xform and SUBMIT TO.YOUR LOCAL LICENSING AUTHORITY no tateithan 45 days prior to licenseexpiration. : 2. WHOLESALER, MANUFACTURERS,•IMPORTERS, and PUBLIC TRANSPORTATION SYSTEM:LICENSE RENEWALS are to be returned to the Colorado Department of Revenue, 1375 Sherman S£,.Denver, CO 80261, no later than 30 days prior to license expiration. LOCAL LICENSING AUT-'DRi'f Y COPY us[nCca+rww[[e FOR. _ usaiim�e[oaw. w. . . _ at[[eeace , <m,... ,.a,-+ J..hl..e..r. APPLICATION FOR PERIOD ENDING 14-12}Tb 0Q1. : 03 090 58k3„..,3_9.§1.373 123;8T :- - -BUSINESS LOCATION: SI8 To' R65w Luc EaNE CC • 2'vb46 3. What is¢our Federal Employer's Identification No.? 4. What it your Colorado Sales Tax Account No.? 5.-1 declere under penalty of.perjury in the second degree that I-have read this application and all attachment thereto and that I know the contents thereof,and that all matters and information set forth therein are true,correct and complete to the best of my knowledge and information;and I agree to conform to all applicable statutes and all rules and regulations promulgated by the foredo Department of Revenue in connection therewith. INDIVIDUA LS AND ALL GENERAL PARTNERS OF PARTNERSHIPS R TI09.SlG� HERE: i 1 MUST S[GN HERE' `cbc rn � . _., .-_ ...- .gYYLl7 . ..�. _.- ter ` I. esi ent,Vice resident,a-Secretary) y�. DATE: October. 29, 1986 L NAME AND DESCRIPTION OH LfCEN5E_ D/K1:Y i FUN D FE CO E G ".Fl7T.tFANC RESTAURANT`t'TauOR LICENSE . ° ' '$ 25.30 " L'U;mtTY a5 P ERG EAT 0AR.„•4'Ea ..:_: ...__: _23_5._2:5„,, • Y'Guic CAP.ENT LTCUJ ...st:.GtYSE CXP1:ReS DEL .›Lt 1`x_0 TOTAL s O: !..f.!D MAKE CHECKS PAYABLE TO COLORADO DEPARTMENT OF REVENUE - REPORT AND APPROVAL OF THE LOCAL LICENSING AUTHORITY FOR . . Weld. County, Colorado - . (City.Town,or County) L tMdnutacturers,Wholesalers,-ImpOrtercand Public TransOOrtatlon Systems disregard this section) The foregotn9 YPpllcatron has been examined and the premises business conducted and character of the aepilcant are satisfactory and we dd hereby 'reOOR tI .si 4{{ense,if ad.will meet the reeve".reAulrli/IIe9ts of th4 Q haorhoodefftene desires of the inn Ilan ,a d corm llc Ith the DCOY1slObLot' is a ay True 2lC.R.S.,as amen0 ff _- - c:- $ f THEREFORE THIS APPLICATION IS'HEREBY APPROV 3 . 'DAY OF - November _ ,29 -86 _ • Ixt 0 F A UNTY COMM SSIONERS OR OTHER TITLE OF LIC SING AUTHORITY.) • ((°_� i:,✓J ..✓. �.:.,J` .,"7,,i�"Uzy S"y'I'Ca <��S^-1 .. - (CLERK OP[aE(,1{ETARt(I0R1j'iHER ON+10EfrtiP:VIryG`TMa OFF I/��A LSEAL OF T�(E L1 ((7ilTT.CSn la ifte-rPrienitseS are located within a town or ottl(flfie apovc ORecovil shgaJd blvS ed brt mayor and clerk,if in a county thercby-thpt SGai man of the.board of county commissioners and the clerk of the board.Tf,by or inane or o herwiise,the local licensingautlf6/t�ls solnu OT f' official,then such approval should be given by such official.) !_1r "It?", I 7" (SEE REVERSE SIDE) (-. .0 3- 1I t• 6. My operating manager is - __..-...... YES NO Do you have legal possession of the premises for which this application for license-is made? Are the premises owned or rented?-_ -If rented,effective&expiration date of lease ONnifr— _ n7. (a) Has the applicant;or any of the partners;or officers,stockholders or directors of said applicant lif a corporation) ever been convicted of a crime?If answer is"yes;"explain in detail, — r (b) Has persons lending assistance or financial support to the applicant;or the manager;or employees;ever been convicted of a crime?If answer is"yes,"explain in detail.- 1C, __. .. e, B. Has the applicant;or any of the partners;or officers. directors or stockholders of said applicant(if a corporation); or manager;ever: (a) been denied an alcoholic beverage license? -- _- -(b) had-an alcoholic beverage license suspended or revoked? (c) had interest in an entity that had an alcoholic beverage license suspended or revoked? X If answer is"yes,"explain in detail.(Attach separate sheet if necessary.) X 9. Does or did applicant;Or any at the partners;or officers,directors or stockholdersof said applicant(if a corporation),have a direct or indirect interest in any other Colorado Liquor license(include loans to or from any licensee,or interest in a loan to any licensee)? If answer is"yes;"explain in detail, • 10. Identify the persons,firms or corporations who now or will have,a financial interest,evidenced either by loans Or equity ownership in the business for which this license is requested,State the names and edtlresses,and the amount and source of such financial interest expressed in dollars or. other items of value,such as inventory,furniture or equipment;(i.e.,bank,relatives,friends,previous owners,etc.).Use separate sheet if necessary. NAME - - ADDRESS .INTEREST the names addresses r sses._�_T ri — 11. List the nm and addr of ell liquor businesses in which any of the persons in the previous question are materially interested. (Use separate sheet if necessary.) 72 If the applicant is a corporation,answer the following: Date: (a) Corporation is organized under the laws of the State of: -�Ozrid0 ------- -----M>0. 1913 _— lb) Principal business is conducted ¢et. unty of: Stet of: Meld -Colorado— - -(c) DiirgiY llmg neat annual corporate report to the secretary of stater ofeech-officertited below: 'RomeAdiciu;TCtiy anWState: � " Dsu of Birth: President: ---ge p1eralatnIann 720 4Otfc-Av..--Greeley, _Colo ----- --- ----- Treasurer: • ar t ucx 2a--40tn-l[vgi:=rsrstr y rto1a ___ _:..-. Operating Manager: w. ore_ (Use -_� le) List all stockholders:include actual owner or pledgee.(Us separate sheet if nacemry) Name of stockholder -Home Address,City and State: %of stock Date of Birth: • --Hsina--9tainim na-- 7-20--49th--Ave-.- -Greeley' Colo - — - • 3:e& -2.25-39------ -(f) Name of all Directors or Trustees -.- - - -�_- ---_"�- ---_--��--- �- �-� of Corporation: Home Address,City and State: = r i Date of Birth: ---Heins 4toi term-_.__ , ..____.-_--- 720---40th--Ave.--Greeley.--Co-lo.—_------- 2-23-39 -. Gertrtxd. -Ruck - - _ 720--40th-Ave.-Creeleyr-Colo. .__...._'- -- . .. ._.. . -- • r DATE: November 3, 1986 SHERIFF'S OFFICE REPORT FOR BEER OR LIQUOR LICENSE RENEWAL REQUESTS APPLICANT: Heinz Steinmann dba Red Steer Restaurant and Lounge, Inc. 33131 U.S. Highway 85 Lucerne, CO 80646 TYPE OF LICENSE: Hotel/Restaurant Liquor License SHERIFF'S REPORT: Sheriff's Office has been notified. The establishment has a current Food Service license. OrN/Sariak;Zwr4. ile .i WurMweMTOONTo'• MMuw f iii �p tr wM�rt� P 1 l•Q 552 9 S 1 IIII t s ia balsa) RECEIPT FOR CERTIFIED MAIL i fa►N,.LS. .. 1. : _ \s "A\ , . I 1. O aR sevs dsMOdddis Meed_ y \o RC CA /A_ /Co„ Dmm.vo 4. O_I.1wIr�0a .:- - - State Dent. of Revenue r State Dept. of Revenue '^ ?LC1?,'= Liquor Division 1\fl!: Liquor Division State Capitol Annex State Capitol Annex 1375 Sherman Street 1373 Sherman Street nranver, CO 80203 Denver, CO 30203 o ' I Pos•ago $ u) J— 4 Ceni'i en Fee I x o„ 1 1,“ Prfl. 05? w F67, Spec.a' Delivery Fee \, ;}{^' tlC*fI r/?q -. - Res �reC D&very Fee I s " Re u no Receipt Snowing o venom and Da a Delivered :4 404 x + r r ,1�+'`' m Re o n receipt s�ow,ng to w.no.-•, ^! P `�w c e .+ ' f _ I Dee,and ACd ess of pe:i,ery f o• tJ 6x a TOTAL Postage and Fees S . L: i �t�,yg��jp AI \C" tlSLbf ie•• " o Postmark or Date gi I eE LL 0 November 5, 1986 A copy of the State renewal application was mailed along with the check for $170.00 for extended hours for Heinz Steinmann, dba Red Steer Restaurant and Lounge. i I 0 N 2 pET w � a O� ° stfr t rt.: w e Cl H -1 y rU cc cc I- ' Ir > .-4po I. LO U E' a W O p co o m g Go v t p ¢ r o Irt co m i g LL > jf a p -i go g- o COa �o m �9 �; i_ d E a o• a w c.� m o aQ o o Cv h t 4 h.' S '"'t tV y 6 it-t0 \V\a w "c aaos i4 � a i � Iu= i'- 0 r f W .7-' Q Z u v1 m = n u c o m a 2 '� CC 'It F N r� G 6, I u j n =i =m r E al F at en o a l U N ¢ '° ¢D OF 2 \ .fl.Sn ` zesI-god 'oon uuod Sd • 1 Sick-110\ lit II Th e e H N u NIP - 5111 Y N ,.CD 7 , . ` a 1r 9 a) N ' O ^! Fitt I i 4., -, t-t S 0 t MI c.o.' c. 1. V LL$g Q a V L I 1 v: ii i ,* H cJ , a' I 6 i - 6 -14- - - --= 4 Nom <n in X i X e: Id 1 e udv a 1,J, ` el,- F _ .,:.‘./5,,,,,.::: 1f'5? Q Y;;-Q,A4 a ?gS^ y' {( _ � ^ tom - _. • `Ili1 J I, \ 1 (Q.V.,/k1 I 'r i ,,, S 0 •,‘,1*. ' g 1 . . , :: J +"YII�{7 - = DEPARTMENT OF REVENUE \"Air. / LIQUOR ENFORCEMENT DIVISION 1 STATE CAPITOL ANNEX S3I5 SkiER1VFAN STREET• n \ (P DENVER,COLORADO 80261 1t { .18 L a'- ` I LJCc <.+kt CC , ..�'-C I{, d{ ill �SS1�I ,L Y <<,\,; LIQUOR LICENSE ; , \ i, -� LICENSE EXPIRES fr - 'i' vEE IICIM[MI OA4uTY,NfOIWATION 1 ALL REFERENCE ENCE COUNTY CTY INOUST. TYPE LILIABILITY PAYE P '1 . 111 lu''1 14 ; Y „ TYPE NAME AND DESCRIPTION OF LICENSE FEE TOTAL FEE(S)•THIS LICENSE IS ISSUED SUBJECT TO THE LAWS OF THE STATE OF COLORADO AND ESPECIALLY UNDER THE PROVISIONS OF TITLE 12, ARTICLE 47. CRS 1973, II.I 111 AS AMENDED. , 11 THIS LICENSE IS NON-TRANSFERABLE AND SHALL BE CONSPICUOUSLY POSTED t � / I ( IN THE PLACE ABOVE DESCRIBED,ANY INFORMATION CHANGES TO THE LIQUOR _LICENSE INVOLVING OWNERSHIP OR FINANCIAL INTEREST IN THE LICENSED 1 lR',IIi PREMISES MUST BE REPORTED, WITHIN 10 DAYS, IN WRITING TO THE DEPART- ' MENT OF REVENUE, LIQUOR ENFORCEMENT DIVISION, STATE CAPITOL ANNEX, ' (S\ 1375 SHERMAN STREET,DENVER,COLORADO BC261. IN TESTIMONY WHEREOF,I HAVE HEREUNTO SET MV HAND AND SEAL MD'! 1 0 1SBE .71I "� ' V :It ' I DRL 400 L DEPUTY DIRECTOR a :per ,�1� EXECUTIVE DIRECTOR y pIt �.�by r'L'.4" n 'IAI re� -�( �i,_ - _` v, H. o D , . _ . *Sn CI) "II eTh.,(*LRiltr-r)\,/n . T ./ I c m m H \ m rD v p p �� x v v m tri ti H i -H�( R- z v :0 vb C 2 "" n is �• r^i1 ? p co m 'C y C7 " cn �" p Is-, •- m • ; i'.. r . l ,A Vi O J .'a o ,- G O m a „ C d +� p " sCO nDD DO oiar. en z 9 -t 0 '6 yy. fI 4‘, ;tit \../ Gal"' ✓� ,+ R.T. O ti W '4CD "1 N y tl �}` LS ,...?>'''-‘`‘.',. . �, - p ,n .., o,CA t" S O a y e .°� 71 w fi c (` • WL. G TYn O = dl H r arSy rn Kr Z ' ; - b.: O rn ,ht ;x ° COi o n tZ W,, Er: A A x v O p / A' ` `"? item" < vo ` o a g co z g w o • !, n • • by z,co C p a, 3 ri O H �,Uyy y n i • ! 2._ O ;.... \ a ,�\ a' ::O. 4{,N R.R.ry1 co ro .� .yr-- .C C CCJ c [�7 � C O • � g CD I* CO ra n N H y 74-3 7 _M [cif .Op �1 �V p ;flt it to S. '1YV/ rril ' • p -,'. G "r a •-• cR. a to o M {r'+ en � g `° � co c o o A co15 F' e O CI 5 to m o " c o r O .�•. a ' \ R ' I 1. ;.) z . } � / »— ! I =co n 3 , . I , r ul ZE � a ) } $ y n.1 it ca'La O0 cC ) \ \ � / \ ` A 5 ) »} } § ` Q9 ` ? _ I \ , / \ ; ,_ « H : , Q # f \ \� \ / a s e12 a \ j \ \ \ } \ \ \ \/q \ ) 0. • _. ._ , S . 411;J .,1 1 I 72. — 1 1 /i fi 1 \ , 1 0 % ® i % % 3 | I Pe / / 8 a� » \ \ t ! $ ' g |I \ \ ( t s \a1111 . e uQa ) , r t | ! l . v--—�a� $ 4.6�- <2 . . . ■Pn�tS,�:ayj�27- f;Winne gy m IP (11 • ' TREASURER'S OFFICE,WELD COUNTY v m 7117 I I Greeley,Colorado , 19 RECEIVED OF `�Ct 3te4M � J2 aid— $ . . IX 7-- - FOR CREDIT 'County General Fund 101 0000 LL i 7 Health Department 119 0000 I Human Resources 121 0000 Social Services 112 0000 Housing Authority Road &Bridge Fund 111 0000 1- Airport 177 0000 ' County Clerk Cash Escrow 810 0803 Fee Fund 900 0912 School District Gen Fund School District C R F School District Bond Fund i I I FRANCIS M. LOUSTALET { TOTAL AMOUNT' ' __ County Treasurer Clerk I . /2-4 DUE TO AN ERROR IN THE NUMBER OF ACRES BEING LEASED, THE FOLLOWING RESOLUTION WAS RESCINDED BY RESOLUTION DATED JANUARY 5, 1987. 7- RESOLUTION RE: APPROVAL OF CASH RENTAL LEASE BETWEEN WELD COUNTY AND GENE WAGNER CONCERNING RENTAL OF A PORTION OF THE KOENIG FARM AND AUTHORIZATION FOR CHAIRMAN TO SIGN SAID LEASE 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, Gene Wagner has agreed to renew the leasing of a portion of the Koenig Farm, which property is more particularly described in Exhibit "A" and shown on the map labeled Exhibit "B" , attached hereto and incorporated herein by reference, WHEREAS, the rent to be paid to Weld County shall be the sum of $1,601. 00 , the terms and conditions of said rental are more fully described in the lease, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, the Board, after review, deems it advisable to approve said Cash Rental Lease. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Cash Rental Lease between Weld County and Gene Wagner concerning the leasing of the property described in Exhibit "A" be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of November, A.D. , 1986. � � BOARD OF COUNTY COMMISSIONERS -yl1 ATTEST: / Of �4 `.f " L- WELD COUNTY, COLORADO Weld County Clerk and Recorder ` \` and Clerk to the Board J cqu ine 7o son Chairman F+Xs pjn--ili Go -Tem eputy County 'Clerk APPROVED AS TO FORM: Gene R. Brantner EXCUSED C.W. K' County Attorney Fran Yamaguc i. . - 861117 CASH RENTAL LEASE THIS LEASE is effective the 16th day of March, 1987, by and between WELD COUNTY, a political subdivision of the State of Colorado, by the Board of County Commissioners for its respective interests, hereinafter called "Lessor" , and Gene Wagner, hereinafter called "Lessee" . WITNESSETH: The Lessor hereby leases to the Lessee to occupy and use for agricultural and related purposes the property described in Exhibit "A" and shown on the map .labeled Exhibit "B" , attached hereto and incorporated herein by reference. 1 . TERM -- The term of this lease shall be from March 16 , 1987 to March 16, 1988 , and shall automatically renew from year to year for a maximum of three (3) years unless sooner terminated as hereafter provided. A. CONTINUOUS OCCUPANCY - The Lessee agrees that he or his agent will possess and occupy the property continuously during the term of the Lease, and shall not have the right of assignment of this Agreement. B. SURRENDER OF POSSESSION - The Lessee agrees to surrender possession and occupancy of the premises peaceably at the termination of the Lease. C. REVIEW OF LEASE - A request for a review of any portion of this Lease or any of the terms and conditions thereof, must be made and agreed to by and between the parties no later than the 1st day of September in the year prior to the termination of this Lease or any renewal thereof. All amendments and alterations to this Lease shall be in writing and signed by both parties to this Lease. 2. RENT - The rent to be reserved by, and paid to Lessor, shall be the sum of cash rental of $1 , 601. 00 , payable upon execution of this Lease. There must be no deduction made from the rent for any reason unless prior written approval is given by Weld County. 3. RIGHT OF ENTRY - The Lessor reserves the right of the County, its agents, its employees, or its assigns to enter the property at any reasonable time for purposes (a) of consultation with the Lessee; (b) of making inspections; (c) of developing mineral resources including the extraction of sand and gravel; and (d) after notice of termination of the Lease is given, of plowing, seeding, fertilizing, and such customary 861117 seasonal work; none of which is to interfere with the Lessee in carrying out regular farm and ranch operations. 4. RIGHT TO LEASE - The Lessor warrants that he has the right to lease the property, and will defend the Lessee' s possession against any and all persons whomsoever. 5. GENERAL MAINTENANCE - The Lessee will operate the property during his tenancy in a manner commensurate with good farming and ranching practices in Weld County. Upon the termination of this Lease, the Lessee shall return the property in the same condition as said property was received by the Lessee, normal • wear and depreciation excepted, and further all damage from causes beyond the Lessee' s control excepted. The Lessee shall perform general maintenance and repairs as needed on all fences. The Lessor shall perform all major repa•_rs, as needed, and further agrees that said Lessor will make all repairs to all wells upon the premises leased. Whenever any fences need to be repaired, the materials shall be supplied by the Lessor and the labor shall be furnished by the Lessee. Lessor agrees to perform all major maintenance on all irrigation ditches and head gates , including cement work, and Lessee agrees to perform all routine maintenance on all irrigation ditches and head gates and further, Lessee agrees to perform all maintenance on all irrigation ditches and head gates when damage is caused by livestock or is caused by any negligent act of the Lessee. 6. GOOD HUSBANDRY - The Lessee will operate the property in an efficient and husband like way, will do the pasturing, plowing, seeding, cultivating and harvesting in a manner that will conserve the Lessor' s property. A. The Lessee will not commit waste on, or damage to, the property and will use due care to prevent others from so doing. B. The Lessee will not , without written consent of the Lessor, (a) plow permanent pasture or meadowland, irrigated pasture excepted; (b) cut live trees for sale or personal use; (c) allow livestock other than his own and stalkfields or stubblefields; and (d) burn or remove cornstalks, corncobs, straw or other crop residues grown on the property. C. The Lessee will use diligence to prevent noxious weeds from going to seed on the property and will destroy the same, and will keep the weeds and 861117 grass cut or destroyed on the fields, farmstead, roadside and fence rows. 7. ADD IMPROVEMENTS - The Lessee will not, without written consent of the Lessor, (a) erect or permit to be erected on the property any non-removable structures or buildings; or (b) incur any expense to the Lessor for such purpose; or (c) add electrical wiring, plumbing or heating to any buildings, and if consent is given, he will make such additions meet standards and requirements of power and insurance companies. • 8. WATER - Lessor agrees that Lessee shall have all water for domestic and/or irrigation which Lessor owns with said property. Lessee shall pay all water assessments. 9. The obligations, benefits, terms and conditions of this Lease shall inure to and be binding upon the heirs and personal representatives of the Lessee. IN WITNESS WHEREOF, the said parties have hereunto subscribed their names and signed the same this 24th day of November, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS t» WELD COUNTY, COLORADO ATTEST: / 4 (�n�� e�� — B- Weld County Clerk and Recorder KJascueli e Joh s�cn , Chairman and Clerk to the Board cm? �_ G.7^:i')Lc1/1 (,:6--.->e_a i D puty County 'Clerk APPROV AS TO FORM: ACCEPTED: C v>cJ . Q FIrl;„ County Attorney Gene Wagner, Lessee STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 1986, by Gene Wagner. My Commission expires: Notary Public 861117 w ,•t1 `• �/, fti V EXHIBIT "A" A tract of land situated in the South Half of the Southeast Quarter (S2SE`t) of Section Thirteen (13) , Township Two (2) North, Range Sixty—seven (67) West of the Sixth Principal Meridian and being more particularly described as follows: Beginning at the Southeast Corner (SE Cor) of Section Thirteen (13) and considering the South line of said Section to bear South 90°00'00" West and with all other bearings contained herein being relative thereto; Thence South 90°00'00" West, a distance of 1050.0 feet; Thence North 00°00'43" West, a distance of 1,302.57 feet; Thence South 89°51'58" East, a distance of 1,050.0 . - feet to the Northeast Corner (NE Cor). of the South half of the Southeast Quarter (S1 SE') of Section Thirteen (13) ; Thence South 00°00'48" East, a distance of 1,305.03 feet to the True Point of Beginning. The said tract of land contains 31.4 acres, more or less. T _ +f -• - - _ _ _. .HpuS/.vd ARC.f►.---..-----r- . • • ' 58� : w W .a�. N Q7 _ . Y III • rte-L ` _ f • II • _ _0 • t ♦ .4:-..C...7-\ S ;II O \• • I 4.4 • 01 • --:• ‘ - \. ' \. \\\ \;4\F\c \ • I • • \\ \ \\ \ \ Ro4` 00."4131#111r, 13Oz. 57 -: `• - \ ‘\\ \\ \ \\ -\ \ \\I . • :- I• • • -'�I c , • i 1 rn ••- :4 . S Q atn (4 Oe I .I o 0 rvi . 9 f 2 ' o . tb0 O 1 1 • I o • A h •• • • P5 S00' 00'48"E 1305.03'- --.......--c_ I _ i 652.32" ' - N 00° 02 15"E 652.31 -r-..,- - -. I i S. •1 t fir. � IA D ) A C 1n RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND AUTHORIZE CONTRACT TO AUCTION 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, it has been recommended that a 1982 Champion Motor Grader, Property Number 15820027, be declared as surplus property, and WHEREAS, Ritchie Bros. Auctioneers has offered to auction said equipment in accordance with the terms of the Contract to Auction, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, the Board deems it advisable to declare said Motor Grader as surplus property, and to accept the offer of Ritchie Bros, Auctioneers. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described Motor Grader be, and hereby is, declared surplus property. BE IT FURTHER RESOLVED by the Board that the offer of Ritchie Bros. Auctioneers to auction said equipment be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Contract to Auction. 861123 Page 2 RE: DECLARE MOTOR GRADER AS SURPLUS The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 24th day of November, A.D. , 1986. '- �J .{{-- BOARD OF COUNTY COMMISSIONERS ATTEST: 1 JJ1A4 br1 WELD COUNTY, COLORADO Weld County Clerk and Recorder r-\ • - -, _ • . ��,�� • and Clerk to the Board Jo gue nso C .airman r 1e ( Y�Clerk La: Tem / puty Count Clerk APPROVED AS TO FORM: Gene R. Brantner EXCUSED Cilli?Igild�� C.w. rby r County Attorney � Frank Yam �i'�� i�� 861123 ip .. . . RITCHIE BROS. Auctioneers Int'I. To:RITCHIE BROS. AUCTIONEERS INT'L. 821 Weld County Road 27 Brighton. Colorado 80601 - Telephone: (303) 659-3962 - Gear Sirs: A. The unders anm's one Owner)n ey ',seed',R ic,e Bloc A:.deers ei tine-Auctioneers :0 Sehe em„he's g ,o'_.,.h. Er..Oment'at ar u resne.ec so. c a. ?rir nt-n r'nlnrac1 B. The Owner and Auctioneers agree that he terms and coned ons of this Corm-eV to Stud:ion she.,be three set out hercaher and on the reverse heroct ate by executing the.Cornet,'the Owner extends to the Auctrooeea the representation ark,warlartes herein set out and the Owner and Auctioneers agree to those terms and conddgns: C. The Owner shall,at his cost deliver the Equipment in geed running order,to Me site of the auction as determined Cy the Auctioneers on or before_ ,19�_. O. the Owner Hereby author zos the Auctioneers to sapo y cuc"glass parts and tarn s and:o carry out such welding.Veers! sancblastinc gaming repairing and othor'Owesh•ng and incur Such expense in rive moving hauling.slpage and service Calls in rewee O _e Ecromen•a;as the Auctioneers n tS spie d'screln.determines and all Male inCsited plus a surcharge ecual to 1Ce.01 suer.amount shall be at the expense of and pap by 1N Owner seaward however that the!iab,l:ty Of 111e Owner pursuant to this paragraph shah not exceed the Sum or One grnen I csam Salars tc` w JJ'.y.C E. The Owner hereby authoring the Appgnwers to soppy such Net as the Auctioneers.nits sole*screw determines necesarvtdr the demonstration 5,4 sale ot the Equipment and all costs incurred she be at the expense of and pad by the Owner; F The Owner represent,and warrants tat the Equpenent is accurately and completely described in the Schedule set O:t-l-bw. (o) the Owner is the Dener.0ao✓ier of the Fourierl and the Equipment s not s:Ltec to any dam by any person or to ary registered or unregistered cadges,liens.or urerests of any nature or it any way arising save end except as set Out in tee Schedule set out below. (c) the Edupmerlt et not sunned to The coaenon a avection of any taxes.tens.erg of any Federal,States,arty pollMal subdnnson thereo'of any and and nature netwerSteding any past.present Or INWe use to much the Egupmem May have peen.presently is of hereafter maybe put- r G. Compete and accurate Omanof the Ewment are as lo!bws Year of I !bin and Encumbrance Amount Owing Manufacture • Serial Number Holder on Encumbrance • 19F2 Champ]nr 77n-p, Vin4-nr Gr?tar - r -car C/N' 770A.-SO-r.7.14061 CVW 14 rf m o,/ hsrr eq_:. ri-t 9 -r '^1 act.." ei'-n='aAAm-J>a cwhn-f- '-p._ r'r+ ,—,, Ate' _I - i -•y- ,�rcr`1 m - 9r. r -- No lien c_erce fee tc he charged. H. Spere0weye_Mepovagfeesw AWonearsaron commission rased on the Dross safe 0,.c•0 The youVeen.p any oar:;her•O as as '13Y.ie!`3r�J+dfh�tn li(2(, rc`ereeogSbotfeak!'.d !o;.o„s; Goa_e2i17gt'�tpu7atulb643FAN't>a •'<`c 1095 straight croft ssion I. Sy lathing In the ex*Cutbn hereof the undenugned Covenantor hereby guarantees to 1M Auctioneers the due and unctuat p l Clam., O . the ge and d1tll1M Owner's of, ts evert nature nd art&nga .m alt thteOw and hereby agrees to i Is cove ant save harmless is Auctioneers contahum and against any and all olYme.Code,dYnegee expenses of whatsoever rV1Vn arising•a•result of the Owner's r•Ilyra to carry out Its covenants and agreements herein contained, - THIS CONTRACT TO AUCTION SIGNED ON OWNER: — —19—_ Company Nam nt nt e: lfelrl' Cx,---- - ___ - __ .... - lPease air re; AT Address. -0-cm 3w "IV r.-t=an..r. ?r.--.Fr. n,. Accepted oy RITCHIE B AUCTIONEERS INT Autnonvtl Pers¢ry� - n' 41 ifr atit"'•' " \ 59^atu,e. oh'•JaCqu live JDtson :2,tt . • hue: CLllalIDan, Board of County C9m zasiQaers Telephone:Business I n"l 0^C_^!,1't. Witness as to the Owner's and Covenantor s Signatures. Residence: Sgnatore of Covenantor'. PD AD SD CR CD I I I Yes No I I I I I I i E' I ` I TERMS J)D CONS:T;CNS OF T-;E CONTRACT TO AUCTION 1. The Owner and the Auctioneers c re41) • (a) the Owner,hereby authorizes E Aucuonsers to c:.-^y out titre searches respect of the the th ' ? 'Equipment a; expense of r ...e Owner (b) the Auctioneers may carry o e . .:c:'.c u:re-:-.e≥v-�^. its usual procedures,and in r.articu!ar may group various parts of the Equipment into such p c as r notifies the Auctioneers in writing prior to the auction .hat any parts of the Equipmentareto be sold _rip =' n - . ericaisse ;-veer heAet.tiodeersshallnotbeliableforany toss cr dumagesctalmed in respect of the.tott'ing of the Equipme (c) the Auctioneers is hereby constituted as an ac.'at Only of the Owner and not a principal in the sale Of the Equipment: (d) neither the Owner.nor any err:c :;c an the Equipment at the auction; (e) the Owner shail delver to:he Aucnoeterse et the auction al!documents evidencing the Owner's title to the Equipment.all documents tenures to,r?- -to any purelaser thereof,prooerlyendorsed and,where ownership of the Equipment or nypaortne e c:obe registered,all such properly endorsed docurnentsasare necessary to permit any purchaser ore ▪ o -, -h Owner„ck.nowtedgesthat without such documents thesalepnce of the Equipment is expected to dross:nod for such Equipment accompanied by such documents. The Owner hereby nominates,coastlute,andso - ntIctioreetS Attorneytor for it and in its name and on Its behalf to sign,execute anddeliveraitsuchdocumena ▪ .. ,, :n. penc pc:rml.registration of ownership of the Equipment to and by any purchaser thereof in the event that sac`C _ -.: tr -.p: Dec _ '.verec by to Owner to the Auctioneers as required; (f) the Owner shall: (i) be responsible for any loss r ca::-'_ = c . .t;i the earliest of: (A) the removal of the- rSM the 3u:chaser:or (B) receipt by the Owner 'the r ent: (ii) insure the Equipm ❑ to r vohle Of.`filS SO thati n the event of damag2 to or destruction oftheEqulpment or any part thereof ai sur .,e _._ _ the gross proceeds of the auction and payment made to the Auctioneers forthwith for: (A) commission, based on ;he tar market value as determined by the Auctioneers of the damaged or destroyed Equipment immediately prior to ch s o - (B) repayment of al! a; v A ctie ee e or on behalf of the Owner together with interest thereon;and (C) rei.mbu se. en cfa .o c oqshag or hing or repairs core by the Auctioneers prior to thedamaae or destruction: (g) in connection with any registered - _ 4,rid xes.duties orinterestsciaimed by any person or authority in respect of the Equipment whether o, not n-_„ co t▪oe royotro oriraoti (i) the Auctioneers may mako sorym_.. ,.-. .. :5 o'eer to clear title to the Equipment:and. (ii) the Owner shall indemnify end sc,ye PCrnoncovsad nny purchasers of any part of the Equipment against any and all loss,costs or Barr• ges c , r - d -nd q such cams '" (h) the Owner shall no: withdraw the T e --c ruction sale and,if the Owner is in breach of this provision,in addition to any other do'+ag t rt.~c Ciwiter shall pay to the Auctioneers all amounts to which the Auctioneers would otherwise be entitiee p to t 0 - d o --ion payable in respect thereof shall be based upon the fair market value as determined by ue;iD _ .air .C.): (i) the Owner authorizes e Acct. ,c.s to _c_ p c c setting up the auction; - Q) the Owner shall indemnity and sc,.,.aeai suits.actions.costs or charges whatsoever arising from any false representations contained .•:r o f the Owner's obligations hereunder,including,but not limited to any inaccuracy in the description oil the c_.:io .in (k) the Auctioneers may,it they deer:e necessary.r•_oue::o-.dry port ctire Equipment not sold or not paid for attheauction and the Owner hereby acknowledges that no mo. s sloe. .,e try a Acct- neers,n respect of any part of the Equipment until such part ot the Equipment has been paid for:n fu!,by the p_-_dtser Moroni: (I) the auction will be without reserve, the E ..ili sole m the hichest bidder and there will be no guarantee whatsoever by the Auctioneers as to the gross proceedso , -saute: - r r pale of the Equipment; (m) the Owner will comply with all n _ t _ _ _ parent: 2. The Auctioneers shall apply al'amounts cc'!:es:et, is an account of;tic-sale of:he Equipment: (a) in payment to the Action eer,of ho coif-mission :n:he of:(i) an auction co mission.t - -_ im,nt Sit);-:C to t'ne provis;onsofsubparagraph 2(a)(ii)hereof;and (ii) an auctioncommissi0n 0f2 G :^- aeuipment if such Equipment°ran),rot into whichthe Equipment has been separated realizes SSCC.C2 or less (b) in reimbursement to the Auctioneers ei d , . _ by Inc Auctioneers in carrying out the provisions of paracraph Don the reverse hereof and paragraph t ;a above: (c) in reimbursement to the 'Auctioneers or; diostioa ressaci: of -„ipment paid or incurred by the Auctioneers pursuant to the provisions of subparagraphs . , (d) as to the balance if any.mane:::to Ono Owner ' ebaif'.r,accordance with its written instructions on or before the twenty-first(21st)day'iodcw y e:a:>_.- rill._ Ec..lprnent: 3. The Owner hereby irrevocably rissictis t .tab. Assarsousiiii —c..._s _.,re p_.suant to paragraphs 2(a).2(b)and 2(c)hereof: 4, The Owner shall pay to the Auctioneers / oirliano aiiant itrat the gross proceeds collected by it from the sale of the Equipments insufficient.io z:?.cw„ - C.); amounts due to it pursuantte paragraphs 2(a).2(b)and 2 (c)hereof; 5. Intheeventthe Auction P - r - - any suit action,or proceeding is instituted to enforce any of theterms-covenants or c.. d .'on _c,., nHfft^ dieentitled as,recover itsreesonabie attorneys fees and costs to be fixed bythetrial court art r n 2: ourt.s further sum.as may be`;xed by theaooeilatecourt as Auction Firm's reasona,,a attorneys. 6. The Owner authorizes the Auc'ioree „ use. .-.- s name, rade.^ or ioge in advertising the auction. 7. This contract constitutes the en:Ire agreement. es t ca o-a contrasts or understandings between the parties hereto and enures to the benefit of and is bino . .Ino upon she. _ executors,acministrators..successors and assigns. State of ;RE MATTER OF the Contract to Auction set out on the reverse County of. - _. :hereof and the items therein set out(the"Equipment") L _ of:h. of in the State.of - Po solemnly declare that: 1. l am(the agent of)the Owner o: e u rna, -. .-. -, - _..: and forming part of this my Declaration ant, as such, have knowledge of the matters herelsefler deposed 2. The representations and warrantee it respect c _ ,:;one : _ . t:elv and completely set out above and on the reverse hereof and particularlythe Equipment is tot uaS,ect __ t , mbrance of any nature whatsoever-registered or unregistered, except asset out on the reverse hereof: 3. I make this solemn declaration f0 purpose o' : 'u is ,:cc:;aeers to accept the engagement for the sale of the Equipment and make thlssofemn declaration con>C-cn:o..4;y tO bs true_end knowinc that is of the same force and effect as It made under oath. • Subscribed and sworn before roe at.` In the State this day of.. _ _ • Notary Public for. ft My commission expires RESOLUTION RE: APPROVE APPOINTMENT OF INTERIM DIRECTOR OF WELD COUNTY AMBZLANCE SERVICE 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 County is going through a recruitment process to fill the position of Director for the Ambulance Service, and WHEREAS, at this time, the Board does not wish to appoint a permanent Director of the Ambulance Service, and WHEREAS, the Board deems it advisable to appoint Gary McCabe as interim Director of the Ambulance Service. NOW, THEREFORE, BE IT RESOLVED the Board of County Commissioners of Weld County, Colorado, that the Board hereby appoints Gary McCabe as interim Director of the Weld County Ambulance Service. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of November, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder r and Clerk to the BoardKITacgu i . on, Chairman Bs st 7ry�Y c� c. -,c at/ Go d cy ro5 em D putt' County Clerk APPROVED AS TO FORM: ere R. Brantner EXCUSED - C.W. Ri�> County Attorney �yf! Frank amaguc 86ii'_9 • RESOLUTION RE: APPROVE APPOINTMENTS TO AREA AGENCY ON AGING ADVISORY BOARD 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, vacancies currently exist on the Area Agency on Aging Advisory Board, and WHEREAS, it has been recommended that Isabel Perea and Freida Becker be appointed to serve on said Board, with their terms to expire November 24, 1989, and WHEREAS, the Board desires to appoint Isabel Perea and Freida Becker to the Area Agency on Aging Advisory Board. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Isabel Perea and Freida Becker be, and hereby are, appointed to the Area Agency on Aging Advisory Board, with their terms to expire November 24, 1989 . The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 24th day of November, A.D. , 1966. n BOARD OF COUNTY COMMISSIONERS ATTEST: ( n.4.T WELD COUNTY, COLORADO Weld County Clerk and Recorder ' ' and Clerk to the Board ccu i xso , C airman �B3��,__ -77",-vw_� ci•�</ G 2 c to-Tem eputy County lerk APPROVED AS TO FORM: -ene R. Brantner EXCUSED c.w. Kirby County Attorney FraYamagkc 1 Q 861118 AREA AGENCY ON AGING Isabel Perea — has been appointed to the Area Agency or. Aging. is replacing Eldon Bowers. Her term of office will expiry on Novecoer 24, 1989. Freida Becker — has been appointed to the Area Agency on Aging. She iS replacing Betsy Starks. Her term of office will ewpirz W;; No,en.i. _A, 1 1989. 4 f;' � 861118 RESOLUTION RE: CERTIFICATION OF 1986 LEVIES AND REVENUE AND AUTHORIZATION FOR 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 office of the Weld County Assessor did prepare the 1986 Certification of Levies and Revenue to be submitted to the Division of Property Taxation, Department of Local Affairs, by the Weld County Commissioners , and WHEREAS, the Board deems it advisable to certify the 1986 Levies and Revenue, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, does hereby certify the 1986 Levies and Revenue, which is to be submitted to the Division of Property Taxation, Department of Local Affairs. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said 1986 Certification of Levies and Revenue. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of November, A.D. ,, 1986 . ^^'� BOARD COUNTY COMMISSIONERS ATTEST: /}�_ ` 1 - WELD COUNTY, Weld County Clerk and Recorder and Clerk to the Board Clacque\ ne .00n, airman puty County Clerk APPROVED AS TO FORM: Gene R. Bran ner EXCUSED C.W. 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D.. 0 a d m w a.v A w an O 0 o cr a C. 0 q a o = = = = v c D. a. • .4 T_'1) S PAGE 1 of 2 PAGES MONTHLY PAYROLL HANDWRITE APPROVAL FORM WARRANT WARRANT NUMBER PAYEE AMOfl T 12514 MIGHEAL D. ZERN 718.59 12530 BRYCE WALTER I 628.61 12531 AREVALO, VICTORIA - 217.59 12532 CERVANTES, ROGERIA 252.55 12533 COVARRLBIAS, JUANA 275.58 12534 GARZA, HORTENCIA 220.98 12535 GUERRERO, PEARLA 177.12 12536 JARAMILLO, SYLVIA 189.41 12537 LIRA, PABLO 220.98, 12538 LOERA, ERNESTINA 203.21 12539 MARTINEZ, BERTHA 263.19 fr 12540 ROSALES, CHRISTINE 567.72 12541 SALAZAR. JOSE 275 58, 12542 SALDIVAR, RITA I 241 13 12543 SANCHE7, 'ARTA 775 58 12544 STAS_ VIRGINIA 220.98 r 12545 TORRES_ BLANCA 217.59 i t 1252 ADELE ETJESTI-H£ILNER 1.614.66 NUMBER OF WARRANTS (CONT'D on PAGE 2) - TOTALCONT'D ' ON PACE 2) THE AMOUNT OF THESE HANDWRITES WILL BE INCLUDED IN THE MONTHLY PAYROLL TOTAL ON NOVEMBER 24, 19 86 . PAGE 2 of 2 PAGES MONTHLY PAYROLL HANDWRITE APPROVAL FORM WARRANT WARRANT NUMBER PAYEE AMOUNT 12553 BEEM, DORA I 104.57 12554 BENAVIDES, MARIA 63.14 12555 DORRANCE, MARY 104.57 J2556 LOPEZ. BEATRICE 110.49 r-_ 12557 ORTIZ. LEE 177. 16 17558 PEREZ. AURORA 99.39 17554 SPE R_ YOUNG 153.54 12561 STANTON, MARIA M. 1,022.60 12564 ALICIA YVETIE BRYPNT 82.06 12566 ABBOTT, IRENE 176.44 12567 BOLANDER, GLADYS 272.13 12568 CHRISTOFEL, KEVIN L. I 2,831.98 12569 VELASQUEZ, REBECCA 345.66 12572 BILLY B. ROGAN I A,A, 61 12573 DEBORAH L. deBECHE 729.21 NUMBER OF WARRANTS 33 TOTAL$13,498.6C THE AMOUNT OF THESE HANDWRITES WILL BE INCLUDED IN TEE MONTHLY PAYROLL TOTAL ON NOVEMBER 24, 19 86 . WELD COUNTY, COLORADO PAGE1 of 1 General FUND CLAIMS V.O. • WARRANT NO. P.O. NO. VENDOR AMOUNT 902081 052281 Great West Life 12,882.67 TOTAL 12.882.67 STATE OF COLORADO ) COUNTY OF WELD ss 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 November 24 19 86 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 12,882.67 _ DATED THIS 24th DAY OF November , 19 86 WELD CO I FF�LER SUBSCRIBED AND SWORN TO BEFORE ME THIS 24th DAY OF November 19 86 . MY COMMISSION EXPIRES: my- comntiss&on Ex:,:coon:Ju:r s, 1990 • STATE OF COLORADO ) VV COUNTY OF WELD ss 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 $ 12,882.67 Cha'rpers- ATTEST: n y {- Me afieloi �.' "Weito tt.:County Crk & Recorder-, er a By: ,/ c -nL i aJ Deputy Member % r J j - Memb WELD COUNTY, COLORADO PAGE 1 PAYROLL FUND CLAIMS V.O. WARRANT NO. P.O. N0. VENDOR AMOUNT 12570 52289 PRINCIPAL MUTAL LIFE INSURANCE COMPANY _$ 5 577.76 12571 52914 UNITED BANK OF GREELEY 958,771.24 • TOTAL $964,349.00 STATE OF COLORADO COUNTY OF WELD ss This is to certify that all accounting and budgeting procedures have been completed ion the above listed claims as shown on Pages 1 through and dated NOVEMBER 24 1986 and that payments should be made to the respective vendors in the amounts set opposite their nanames with the total amount $964,349.00 } DATED THIS 24th DAY OF NOVEMBER 1986 WELD C F CER • • SUBSCRIBED AND SWORN TO BEFORE ME THIS 24th DAY OF1OVEMBER 1986 . MY COMMISSION EXPIRES:* Com.-izson Exa.resJnee I99n STATE OF COLORADO COUNTY OF WELD ss We, the Board of County Commissioners of Weld County, Colorado, hereby (appro•"e) (disapprove) the claims as set forth above; and warrants in payment therefore are hereby ordered drawn upon the PAYROLL FUND totaling $ 964,349.00 Ch irpe n ATTEST: n �7 Mem ' County C1 rk & Recorder em er Deput Member Memoer WELD COUNTY, COLORADO PAGE I GENERAL FUND CLAIMS V.O. - WARRANT NO. P.O. NO. VENDOR AMOUNT 902080 59255 PEGGY KIRKPATRICK 95.00 TOTAL .§ 95.00 STATE OF COLORADO ) COUNTY OF WELD ss 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 NOVEMBER 24th , 19 86 and that payments should be made to the respective vendors in the amounts set opposite theirnames with the total amount $ 95.00 DATED THIS 24th DAY OF NOVEY3ER , 19 86 / WELD COU N R/L SUBSCRIBED AND SWORN TO BEFORE ME THIS 24th DAY OF NOVEMBER 19 86. MY COMMISSION EXPIRES:MY COmmissio'1 Expircs June 8, 1990 sg 4d.der STATE OF COLORADO ) COUNTY OF WELD ) ss 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 $ 95.00 Cha'rper log r e• ATTEST: Men � County erk & Recorder/ Member v 11Y- Gt1f--nt c, 2 ` Member Depu Mem er • • • • -- • • • • : • • • • ` • • • • e • - • • • W 07 a Co DD ea 03 Cc cay pd) a cc ao > > > > JD > D > > A » > > S> n > yV » » » > L+ > » > > 4 m p q -0 rn > a .'> A A > > b > > D J Y> Lis. C C 707} TZ 7 A D7 z Z Z Z Z Z Z 7_ a Z Z r r r fw r .-. .-. C GnO W 1 a = C > :> )s c: C 1 -i -4 ,- V. N i� i 4070 (1 0--,.-S < AZ GS3 .Tl •-) CI --1 -i In C: C. GGGC JCf rr ez " Z r- > cccrr I Dc Z -C rm :ti -43. mnfncn -42 X :i S -i > mimmrr, nCS2CCvMM : m ^ > mmmm ✓ v, ! 7_ rr. 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' -;.'; jf : k • r _ SSINS No.: 6835 IN 86.34 . UNITED STATES E C3^-7 ti -,` � NUCLEAR REGULATORY COMMISSION ��j -L ' ' OFFICE I D.C. 0555 AND ENFORCEMENT WASHINGTON, �DV 819$8 November 6, 1986 IE INFORMATION NOTICE NO. 86-94: HILTI CONCRETE EXPANSION ANCHOR BOLTS Addressees: All nuclear power reactor facilities holding an operating license or a con- struction permit. Purpose: This notice is provided to inform recipients of a revision to the published ultimate tensile capacities for 1/2-inch-diameter Hilti Kwik bolts that could potentially affect pipe support designs covered by IE Bulletin 79-02. This revision resulted from a Hilti review of all onsite test data developed at nuclear power plants after a 10 CFR Part 21 report identified that onsite tests at the Susquehanna plant produced results that were significantly below the published values contained in Hilti's "Architects and Engineers Anchor and Fastener Design Manual" for several sizes of anchor bolts. It is expected that recipients review this information for applicability to their facilities and consider actions, if appropriate. However, suggestions contained in this information notice do not constitute NRC requirements; therefore, no specific action or written response is required. Description of Circumstances: Testing of various sizes and embedment depths of Hilti Kwik and Super Kwik expansion anchor bolts was performed at the Susquehanna Steam Electric Station during March 1985 and during March/April 1986. The results of these tests established average ultimate tensile capacities of some expansion anchor bolts that were substantially lower than the published values in the Hilti manual. These results were reported to the NRC by Dravo Constructors, Inc. in a Part 21 report in May 1986. The worst-case result from the Susquehanna onsite tests established an average ultimate tensile capacity for the 1/2-inch anchor bolt with a 5-1/2-inch embedment that was 59% of the value published in the Hilti manual . Other significantly lower values reported by Dravo included 5/8" , 3/4" , 1" , 1-1/4-inch Kwik bolts and the 1-inch Super Kwik bolt. All of these lower values were associated with the deeper embedment depths where failure is governed by anchor pullout. In response to the data generated at Susquehanna, Hilti performed a statistical evaluation of its available onsite test results and provided these results to the NRC in September 1986. Hilti's evaluation of the onsite test data supported the values published in its manual for all anchor bolt sizes except for 1/2-inch bolts. Hilti stated it would revise the 8611040026 d flvrci i_2u-8t IN 86-94 November 6, 1986 Page 2 of 2 values for the 1/2-inch-diameter Kwik bolt. A copy of the revised ultimate tensile capacity values for the 1/2-inch-diameter Hilti Kwik bolts is provided in Attachment 1. Discussion: A substantial amount of data scatter in the testing of concrete expansion anchor bolts is expected and this data scatter was considered in selecting the appropriate safety factors for design purposes. Although Hilti 's evaluation of all plant test data confirmed its ultimate tensile capacities for most sizes of anchor bolts published in the manual , it appears that a greater amount of data scatter exists in the results for deeper embedment lengths. Apparently, the higher capacities that can be achieved for deeply embedded bolts are more sensitive to the exact concrete mix properties and/or installation techniques. Licensees using the ultimate capacities from the Hilti manual should be aware that the concrete mix and installation techniques at their facilities could have a significant impact on the results for the deeper embedment capacities. These concerns should not impact licensees with facilities that have estab- lished allowable working loads for expansion anchors based on onsite tests or facilities that establish allowable working loads based on the shorter embed- ment lengths. No specific action or written response is required by this information notice. If you have any questions about this matter, please contact the Regional Administrator of the appropriate regional office or this office. —Edward L Jordan, Director Divisio of Emergency Preparedness and Engineering Response Office of Inspection and Enforcement Technical Contact: J. R. Fair, IE 492-4509 Attachments: 1. Revised Ultimate Tensile Values for 1/2-Inch-Diameter Kwik Bolt 2. List of Recently Issued IE Information Notices Attachment 1 IN 86-94 November 6, 1986 REVISED ULTIMATE TENSILE VALUES 1/2' Diameter twit-bolt Concrete Strdngth 2000 psi 4000 psi 6000 psi Diameter Embedment 1/20 2-1/4• 4545 5310 6845 2-3/416 5800 7200 7800 3-1/20 7000 9000 10000 . 4-1/20 7275 10000 10500 60 9000 10000 11000 • Attachment 2 IN 3E-94 November 6, 1986 LIST OF RECENTLY ISSUED IE INFORMATION NOTICES Inranution Date of attic* No. Subject Issue Issued to M-93 IEB B5-03 Evaluation Of 11/3/86 All power reactor Motor-Operators Identifies fact i tits holding Improper Torque Switch an OL or CP Settings 86-82 Failures Of Scram Discharge 1116/86 All power reactor Rev. 1 Volume Vent And Drain Valves fact i ties holding an OL Or CP 86-92 Pressurizer Safety Valve 11/4/86 All PYR facilities Reliability holding an OL or CP 86-91 Limiting Access 11/3/86 All power reactor Authorizations facilities holding an 01 or CP; fuel fabrication and processing facilities 86-90 Requests To Dispose Of Very 11/3/86 All power reactor Low-Level Radioactive Waste facilities holding Pursuant to 10 CFR 20.302 as OL or CP 86-89 Uncontrolled Rod Withdrawal 10/16/86 All BWR facilities Because Of A Single Failure holding an OL or CP 86-05 - Main Steam Safety Valve Test 10/16/86 All power reactor Sup. 1 Failures And Ring Setting facilities holding Adjustments an OL or CP 86-25 Traceability And Material 10/15/86 All power reactor Sup. 1 Control of Material And facilities holding Equipment, Particularly an OL or CP Fasteners 86-88 Compensatory Measures For 10/15/86 All power reactor Prolonged Periods Of Security facilities holding System Failures an OL or CP; fuel fabrication and Processing facilities • = Operating License CP m Construction Pereit UNITED STATES NUCLEAR REGULATORY COMMISSION FIRST GUM MAIL WASHINGTON, D.C. 20555 POSTAGE 1 FEES►Alo uawac o. PERMIT mMR No.CUP OFFICIAL BUSINESS PENALTY FOR PRIVATE USE. $300 280632006315 1 1C01CY1FB1151 COUNTY OF WELD 30 OF COUNTY CC`?MISSIONERS CHAIRMAN PO BOX 758 SREELEY CO 8J632 MINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT November 13, 1986 A regular meeting of the Weld County Board of Adjustment was held on Thursday, November 13, 1986, in Room 316, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The meeting was called to order at 3:40 p.m. by the chairman, Jim Parker. Tape 46 - Side 1 ROLL CALL - James Adams Present Marion Richter Absent Rhonda Giles Present Shirley Rein Present Greg Brown Absent Jerry Kiefer Present Dennis Gesterling Present Judy Nelson Absent William Condon Absent Bud Halldorson Absent - Called in Paul Allen Present Jim Parker Present Also present: Keith Schuett, Current Planner and Bobbie Good, Secretary. A quorum was present. The minutes of the last regular meeting held on October 23, 1986, were approved as distributed. The Chairman announced that a full board for the Board of Adjustment is nine members. Seven members constitutes a quorum and six members must vote for against a proposal for a motion to carry. Be asked if the applicants had any objections to being heard by less than a full board. Dale Majors stated he had no objections to a full board not being present, however, he would like to wait for additional members to appear so that at least seven members would be voting on his request. The Chairman asked the Meeks if they objected to having their request heard first. They had no objections. CASE NUMBER: BOA-913:86:14 APPLICANT: Roger and Olathe Meek REQUEST: Variance from the public sewer requirement in the R-1 (low density residential) Zone district LEGAL DESCRIPTION: Part of the SW} SE} of Section 36, T6N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Just north of the Greeley City Limits; north of Weld County Road 62 and east of Weld County Road 35 j3d mt_ �1-2`i Minutes of the Weld County Board of Adjustment Meeting November 13, 1986 Page 2 The Chairman asked Keith Schuett to read the request of the applicants into the record. APPEARANCE: Jolene Meek, Daughter-in-Law, represented the applicants. The applicants wish to sell this piece of property. The house has been on the property for twenty-five years and it has created no problems. The home they are wanting to sell in on the east seventy-five feet of the property. Both properties are on individual septic systems. Keith Schuett asked the members to review the ISDS letter from the Weld County Health Department dated November 4, 1986. Rhonda Giles reported she did an on-site inspection of this property and she sees no problems in anything the applicant is asking for. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked Keith Schuett to read the recommendation of the Department of Planning Services into the record. MOTION: Rhonda Giles moved Case Number 913:86:14 for Roger and Glatha Meek for a variance from the public sewer requirement in the R-1 (low density residential) Zone district be approved by the Board of Adjustment based upon the recommendation of the Department of Planning Services staff, the testimony heard by the Board of Adjustment, and the on-site inspection. Motion seconded by Jerry Kiefer. The Chairman called for discussion from the members of the Board of Adjustment. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Rhonda Giles - yes; James Adams - yes; Shirley Rein - yes; Jerry Kiefer - yes; Dennis Gesterling - yes; Paul Allen - yes; Jim Parker - yes. Motion carried unanimously. The Chairman announced the variance for Roger and Clatha Meek for a variance from the public sewer requirements in the Residential-One (low density residential) Zone district granted. Minutes of the Weld County Board of Adjustment Meeting November 13, 1986 Page 3 CASE NUMBER: DOA-912:86:13 (Continued from October 23, 1966) APPLICANT: Dale Majors REQUEST: Variance of 9 feet from the minimum 10 foot offset requirements in the C-3 (Commercial) Zone district. LEGAL DESCRIPTION: Part of the NW} SW} of Section 9, T5N, R65W of the 6th P.M., Weld County, Colorado LOCATION: 1700 First Avenue, Greeley, Colorado NOTICE: Shirley Rein asked the Chairman to excuse her from participating in this case due to a possible conflict of interests. The Chairman asked Keith Schuett to read the request of the applicant into the record. APPEARANCE: Dale Majors, property owner and applicant, stated they want to take down the raised, steel loading dock and build storage to within one foot of the property line. This dock would be covered on three sides to protect the contents from the weather. Bottled gases will be stored on this deck. They would like to take down the concrete building and add a steel building within one foot of the property lines on the north and east. There will be no flammables stored in this building. If they were to add onto the front of the buildings, it would not allow enough room for the trucks to back in and turn around. NOTICE: 4:05 Marion Richter is now present and actively participating in the meeting. The Chairman and the applicant brought Marion Richter up-to-date on this request. Keith Schuett distributed pictures the staff had taken of this property to the board of Adjustment members. Everything they building would meet the requirements of the Weld County Building Code Ordinance. Rhonda Giles reported she had done an on-site inspection and sees no reasons why this variance should not be granted. Paul Allen reported he had also done an on-site inspection. Be saw no problem with the east property line, but felt the north property line may cause problems if there were ever a new owner. Minutes of the Weld County Board of Adjustment Meeting November 13, 1986 Page 4 The Chairman called for discussion from the members of the audience. Ed Eisenman, surrounding property owner, reported they own the property behind this property. Be has file a recorded property line dispute with the recording office, but at this time, no -resolution has been made. However, while there may be a property line dispute, he is not against this request being granted. Tape 46 — Side 2 4:30 p.m. Lee Morrison, Assistant County Attorney is now present. The Chairman asked Keith Schuett to read the recommendation of the Department of Planning Services into the record. Lee Morrison explained all buildings will have to comply with the Weld County Building Code Ordinance and the Fire Code. MOTION: Rhonda Giles moved Case Number BOA-912:86:13 for Dale Majors for a variance of nine feet from the minimum ten foot offset requirements in the 0-3 (Commercial Zone district be granted based on the recommendation of the Department of Planning Services staff, the on-site inspections, and the testimony heard by the members of the Board of Adjustment. Motion seconded by Jerry Kiefer. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Rhonda Giles - yes; James Adams - yes; Shirley Rein - abstaining; Jerry Kiefer - yes; Marion Richter - yes; Dennis Gesterling - yes; Paul Allen - yes; Jim Parker - yes. Motion carried unanimously. The meeting was adjounred at 4:40 p.m. Respectfully submitted, .t.45\-‘11 coca Bobbie Good Secretary BEFORE THE WELD COUNTY, COLORADO BOARD OF ADJUSTMENT MOTION TO GRANT OR DENY APPEAL Case No. BOA-913:86:14 Date: November 13, 1986 APPEAL OF Roger and Glatha Meek Address: 2531 WestC" Street, Greeley,, CO 80631 Moved by � �y .y:/��i that the following resolution be injYO uced for passage by the Weld County Board of Adjustment: Be it resolved by the Weld County Board of Adjustment that the appeal of Roger and Glatha Meek for a variance described as a variance from the public sewer requirement in the R-1 (low density residential) Zone District on the following described property: Part of the SW} SE} of Section 36, T6N, R66W of the 6th P.M. , Weld County, Colorado. be granted (Mica for the following reasons: Based upon the submitted application materials and other relevant information regarding this request, the Weld County Board of Adjustment approves the request. It is the Board of Adjustment's opinion that this requested relief is not detrimental to the public good or contrary to the purpose and intent of the Weld County Zoning Ordinance and the R-1 (low density residential) zone district. This determination is based, in part, upon the following: The variance is the minimum variance possible for making reasonable use of the property; - The granting of the variance will be in harmony with the purpose and intent of this ordinance, and will not be injurious to the public health, safety or welfare of the surrounding land-uses; - The Board of Adjustment has not received any objections to this request; - The Weld County Engineering Department, Health Department, and Building Inspection Department have no objections to this request. - The City of Greeley's Planning Commission has reviewed this request and set forth no objections. Motion seconded by Vote: ForGran� For Denial of Appeal • (:?--- � LL J BEFORE THE WELD COUNTY, COLORADO BOARD OF ADJUSTMENT MOTION TO GRANT OR DENY APPEAL Case No. BOA-912:86:13 Date: November 13, 1986 APPEAL OF Dale Majors Address: 1700 s •ve.ue, Greeley, CO 80631 Moved by s I�� _A/ that the following resolution be atr•.uced for passage •y the Weld County Board of Adjustment: Be it resolved by the Weld County Board of Adjustment that the appeal of Dale Majors for a variance described as a variance of nine (9) feet from the minimum ten (10) foot offset requirements in the C-3 (Commercial) Zone District on the following described property: Part of the NW} SW of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado. be granted (mama) for the following reasons: Based upon the submitted application materials and other relevant information regarding this request, the Weld County Board of Adjustment approves the request. It is the Board of Adjustment's opinion that this requested relief is not detrimental to the public good or contrary to the purpose and intent of the Weld County Zoning Ordinance and the C-3 (Commercial) Zone District. This determination is based, in part, upon the following: - The variance is the minimum variance possible for making reasonable use of the property; - The granting of the variance will be in harmony with the purpose and intent of this ordinance, and will not be injurious to the public health, safety or welfare of the surrounding land-uses; - The Board of Adjustment has not received any objections to this request; - The Weld County Engineering Department has no objections to this request. Motion seconded by Vote: For Grantin f A peal For Denial of Appeal 0/2 • 1,. • STATE OF COLORADO DEPARTMENT OF HIGHWAYS 4201 East Arkansas Ave. S`v�, �t: Denver,Colorado 80222 i'k (303)757-9011 __yy��.�� ap�11y 1,;,1 JIM II%ni 1,a;;:.v.,,,..... \!\� 0`,8`. fr r:- -� FOR MORE INFORMATION: 757-9228 1 t86-47 1 8N0V1986 Highway Ne November 13, 1986,,,. COLORADO'S TRAFFIC SPEEDS REACH 55 MPH COMPLIANCE REQUIRED BY THE FEDERAL GOVERNMENT Colorado has complied with federal requirements regarding the 55 mph speed limit for the federal fiscal year which concluded September 30, 1986, according to a Department of Highways report offering data obtained from automatic speed recording locations around the state. For the year, 46.9 percent of the vehicles traveling the state's highways pasted at 55 mph were exceeding the speed limit. The federal government requires that no more than half of the vehicles exceed 55, or Colorado would lose almost six million dollars in highway construction funds. The threat of sanction is one of several authorized by the federal government; others include withholding funds from states (like Colorado) which fail to pass a 21-year minimum drinking age law, or withholding funds from states which fail to enforce outdoor advertising laws. The year-end percentage compares with a 46.5 percent figure announced at the end of September 1985. The percentages are adjusted from actual readings to allow for testing equipment error or variations in vehicle speedometers. On-the-road readings, averaged over the past federal fiscal year, showed 62.7 percent of vehicles traveling more than 55 miles per hour. Highway Department Executive Director Joe Dolan has appealed to motorists and law enforcement officers in recent years to comply with the 55 mph speed limit, for reasons of safety and the threat of federal sanctions. Motorists' attitudes are difficult to gauge but are crucial to highway speeds. Easier to gauge are results of special "55 enforcement teams" like those fielded by the Denver and Aurora police departments. Reports are certified to the Federal Highway Administration at the end of each federal fiscal year quarter; accordingly, the October/November/December data will be submitted to the FHWA next January. Non-Compliance at the end of a fiscal year could trigger withholding of ten percent of a state's Primary, Secondary and urban system apportionments. Thus, U.S.-designated highways, state highways and community street and bridge construction projects could be affected. 000 (over) =1, Bd n-tg ttZ4-Ve Highway News #86-47 Page 2. 170-2(159) GLENWOOD CANYON TRAFFIC CONTROL Flatiron Structures Company of Longmont submitted an apparently successful bid of $794,200 at the November 13 opening for traffic control support in Glenwood Canyon. Work elements consist of flagging, a traffic control supervisor and construction signing. The project is located on Interstate 70, beginning in Glenwood Springs and extending about 11.3 miles east. Three firms submitted bids for the project that has a completion date of January 1, 1988. Rich Orton, resident engineer in Glenwood Springs, will coordinate the project. 000 I 70-2(160) TRAFFIC CONTROL IN GLENWOOD CANYON Three firms submitted bids at the Division of Highways November 13 opening for a traffic control project located on Interstate 70, beginning about nine miles east of Glenwood Springs and extending 7.7 miles easterly. An apparently successful bid of $761,500 was turned in by Flatiron Structures Company of Longmont for the project which consists of flagging, a traffic control supervisor and construction signing. The contractor shall complete the work by January 1, 1988. Resident engineer is Hatt Smith of Eagle. 000 SR 0094(22) S.H. 94 WEST OF PUNKIN CENTER John Goetzcke, resident engineer in Limon, will coordinate a Set-Aside resurfacing project that is located on S.H. 94, beginning about 12 miles west of Punkin Center (Jct. S.H. 71) and extending about 20 miles east- Two minority firms submitted bids for the Set-Aside project at the Division of Highways November 13 opening. MG Concrete, Inc. of Pueblo submitted an apparently successful bid of $974,777 for the project which was only offered to certified, prequalified minority business enterprises. Elements include hot bituminous pavement overlay and striping. Completion of the project is scheduled within 55 working days after the Notice to Proceed. 000 BRO 0010(1) BRIDGE REPLACEMENT NEAR DEER TRAIL Bridge replacement about two and a half miles west of Deer Trail drew sixteen firms to the Division of Highways November 13 opening. Fifteen bids were accepted. The bridge is located on Arapahoe County Road 38 over the Middle Bijou Creek. Duckels Construction Company of Steamboat Springs submitted an apparently successful bid of $333,734 for the project that consists of grading, aggregate base course, hot bituminous pavement, one bridge, topsoil, seeding and mulching. Wayne Nesbitt of Aurora is resident engineer. The project is scheduled for completion by Hay 1, 1987. 000 (more) Highway News #86-47 Page 3. BRS 0096(18) BRIDGE REPLACEMENT WEST OF FADS An apparently successful bid of $283,141 was submitted by HLM Construction of Swink at the Division of Highways November 13 opening for a bridge replacement project. It is located on S.H. 96 over Kiowa Creek west of Eads in Kiowa county. Thirteen firms submitted bids for the project which consists of grading, hot bituminous pavement, seeding, mulching, concrete box culvert, and striping. S.B. McDonnal of Lamar is resident engineer organizing the project which is scheduled for completion within 60 working days. 000 HES 0004(24) S.H. 119 IN BOULDER CANYON Minor widening and safety work at various locations in Boulder Canyon drew eight firms to the Division of Highways November 13 bid opening. Work elements include hot bituminous pavement and guardrail. Pe-ca & D.L. Concrete Company of Greeley submitted an apparently successful bid of $203,316 for the project which is located on S.H. 119, beginning six miles west of Boulder and extending about six tenths of a mile east. Work is scheduled for completion within 35 working days after the Notice to Proceed. Hal Toland of Boulder is resident engineer. 000 BIDS TO BE OPENED NEW December 4: 9:30 a.m. , Major widening and reconstruction of S.H. 13 north of Rifle, consisting of grading, aggregate base course, drainage, hot bituminous pavement, striping, topsoil, seeding and mulching, beginning at the intersection of the Rifle Bypass (S.H. 13) with Railroad Avenue and extending about two miles north, in Garfield county, FC 013-1(30). 9:45 a.m. , Roadway realignment and major widening of S.H. 12 which includes grading, drainage, aggregate base course, hot bituminous pavement, striping, concrete box culvert, seeding and mulching, beginning about nine miles southwest of Trinidad and extending a mile west, in Las Animas county, SR 0012(24). ,c 10:00 a.m. , S.H. 140 reconstruction and resurfacing near Fort Lewis in LaPlata county, which includes grading, aggregate base course, hot bituminous pavement, drainage, seeding, and mulching, beginning about three miles south of the town of Hesperus and extending 3 1/2 miles south, SR 0140(j). 10:15 a.m. , U.S. 6 bridge replacement in Morgan county, consisting of grading, aggregate base course, drainage, a bridge, seeding and mulching, about 2 1/2 miles north of Brush, over Beaver Creek, BRS 0006(14). (over) • Highway Mews #86-47 Page.4. - BIDS TO BE OPENED CONTINUED 10:30 a.m. , Signals and safety improvements in Arapahoe county at two locations, consisting of signing and signalization, on Arapahoe Road at Vine Street north of Southglenn Mall and also consisting of signalization and intersection improvement which includes hot bituminous pavement, signing and signalization, at Broadway and Powers Ave. in Littleton, HOS 0006(25) and 'HES 0006(27). 000 CONTRACTS AWARDED Road/ Bid Contract Pro ect Street Description Awarded to 221akRa Awarded CEPC 33-007'-14 S.H. 71 north of Bridge replace- Honks Const. Co. 10/16/86 11/6/86 Limon. ment. $426,042 Award Goals DBE 6% WBE 37. Committed DBE 1.55% WBE 1.55% IRPU 470-1(54) C-470 and Kipling Paving and new Sterling Paving Co. 10/16/86 11/6/86 St. in Jefferson road conat. $5,068,533 county. Award Goals DBE 10% WBE 5% Committed DBE 8.38% WBE 5.3% I 70-1(106) I-70 in DeBeque New interstate Pebble Haulers, Inc. 10/16/86 11/7/86 Canyon. construction. $3,267,577 Award Goals DBE 2% WBE 4% Committed DBE 0% WBE 5.5% IR 270-6(17) 1-270 in Adams Widening and Siegrist Const. Co. 10/23/86 11/7/86 county. ramp metering. $221,949 Award Goals DBE 10% WBE 0% Committed DBE 12.6% WBE .72% HES 0001(21) U.S. 6 Tunnel Lighting Haupin Electric 10/23/85 11/7/86 west of Golden. project. Corp. $307,852 Award Goals DBE 1% WBE 3% Committed DBE 1.47% WBE 3.15% zt�t e� THORO J,N0N0 SYSTEM PRODUCTS, INC. Waterproofing Products for Concrete &man:, -Since 1912 Nov ember 4, 1986 AIC INDUSTRIES, INC. 7188 N. Washington Toronto, CO 80229 Re: Centennial Plaza - Weld County 915 10th Street Greeley, CO 80631 Gentlemen: THORO SYSTEM PRODUCTS, INC. hereby grants a limited warranty for the following material : Thorotop H.C.R. THORO SYSTEM PRODUCTS, INC. hereby warrants that this product will bond and weather for a period of five (5) years from the date of application to the loca- tion indicated above, subject to the following : A. This warranty does not cover structural defects, application other than ptrsuant to manufacturer' s instructions, job damage or accumulation of atmospheric dirt, stains, or other factors beyond the control of THORO SYSTEM PRODUCTS, INC. B. THORO SYSTEM PRODUCTS, INC, will be responsible only for the cost of labor and replacement of Thorotop H.C,R. material . THIS WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESSED OR IMPLIED WARRANTY WITH RESPECT TO MERCHANTABILITY OR FITNESS OF PRODUCTS FOR A PARTICULAR PURPOSE. CLAIMS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM A BREACH OF THIS WARRANTY ARE SPECIFICALLY EXCLUDED. Some states do not allow the exclusion or limitation of incidental or consequen- tial damages, so the above exclusions or limitations may not apply. This warranty gives specific legal rights which vary from state to state. Robert . L. Beisel Director, Flooring Division (seal ) Notary Tlotbry P5 Lc, State of ffitni , My Commission Expires iaat h 19,1590 THORO SYSTEM PRODUCTS, INC. 7800 Northwest 38th Street. Miami, Florida 33166• Tel. 3051592-2081 •Telex 51-9674 Centerville. Indiana•Bristol, Pennsylvania•Newark, California•Mol, Belgium at A Member of the ICI Group s a r n \1_zf.gb DISTRICT COURT, WELD COUNTY , COLORADO CASE NO. 86 CV 1237 is 9 NOTICE OF PARTITION OF REAL PROPERTY KAREN E. POPPERT and DOREEN VOGEL, w , Plaintiffs , vs. NOV z9 ins, JACOB D. KERBS Defendant TO: COUNTY COMMISSIONERS - WELD COUNTY Notice is hereby given pursuant to C. R. S. 1973 , 30-28-101 that an action for partition of real property is pending according to the attached Copy of the complaint. DONNA J. POWELL CLERK OF THE DISTRICT COURT November 19, 1986 Ey ≥ e o puty Bef mm 11-74 DISTRICT COURT, WELD COUNTY, STATE OF COLORADO Case No. 86 CVJ 7 Division y COMPLAINT KAREN E. POPPER? and DOREEN VOGEL, Plaintiffs, vs. JACOB D. KERBS, Defendant. COMES NOW the Plaintiffs by and through their attorneys, SHELTON, K:NKADE AND LAMBDEN, by Ronald J. Lambden, and for claims against the Defendant, states and alleges : 1. Plaintiffs, Karen E. Poppert and Doreen Vogel , and Defendant Jacob D. Kerbs, are the owners by tenancy in common of what is known as the KERBS FARMS CO. , together with Larry Kerbs, Robert R. Kerbs, Lynn D. Kerbs, Roland L. Kerbs, and the Estate of Frieda Kerbs, pursuant to the Partnership Agreement attached hereto as Exhibit "A", and incorporated herein by reference of the following described real property situated in Weld County, Colorado: A parcel of lard located in part of the Northwest Quarter (NW:,) of Section 20 and that part of the Northeast Quarter (NEI) of Section 20 lying West of that certain irrigation lateral as now constructed and existing across said land known as the Bob Chestnut Ditch which is used to carry water from the canal of the Western Mutual Ditch Company to lands formerly owned by Robert C. Chestnut, all in Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, together with 20 shares of Milliken Potato Growers Association and together with 20 shares of the capital stock of The Farmers Independent Ditch Company, Kerbs Well 5 adjudicated at 2.3300 cfs. , Kerbs Well 3-13688 adjudicated at 2.1700 cfs. and Kerbs Well 4-13689 adjudicated at 1.7800 cfs. 2. All partners own an undivided 4.86854 interest in said real property in fee with the exception of the Estate of Frieda Kerbs. Said Estate owns 65.92022 interest in said real property in fee. 3. Defendant, Jacob D. Kerbs, has assumed managership of the Kerbs Farm owned by the partnership. Section 1 of Article V of the Partnership Agreement provides that a majority in interest in the partnership may designate a new manager. A copy of said Partnership Agreement is attached hereto as Exhibit A, and incorporated herein by reference. To date, there has not been a vote of the partners to elect a manager. 4. Section 3 of Article X of said Partnership Agreement provides that accurate books of account shall be kept and shall be open to each partner for his or her inspection or the inspection of his or her accredited representative. On October 17, 1986, a demand letter was mailed to Jacob D. Kerbs, 20505 County Road 29, Platteville, Colorado 80651, demanding an inspection of the books of account. To date there has been no response to the request for an inspection of the books of account. 5. Located on the Kerbs' Farm are several oil and gas wells which are owned by the partnership. The oil and gas royalties are currently being paid directly to Jacob D. Kerbs. Royalties from the oil and gas wells to which the partnership is entitled are to be paid through the Frieda Kerbs ' Estate. 6. Jacob D. Kerbs contracted with Ellis and Capp Equipment Company for the purchase of a tractor in the amount of $15,106.80. Section 3 of Article V of the Partnership Agreement provides that the manager may not obligate the partnership above $5,000.00 without a vote of the majority in interest. A copy of the Retail Installment Contract is attached as Exhibit B, and incorporated herein by reference. 7. Jacob D. Kerbs contracted for the purchase of a second tractor and a mulcher in the amount of $25,274.27 using the partnership assets as collateral . 8. R & R Well and Pump, Inc. , a Colorado corporation, has brought suit against the partnership and the Plaintiffs, individually and jointly, in the amount of Seven Thousand Eight Hundred Twenty-Five Dollars and Sixty-Six Cents ($7,825.66) , plus interest, costs and the witness fees. The Defendant obligated the partnership for extensive repair work without any authorization whatsoever, either on behalf of Kerbs Farms Co. or Russell Billings, Personal Representative of the Estate of Frieda Kerbs. 9. The Plaintiffs have been damaged as a direct and proximate result of the unauthorized acts of the Defendant as set forth above, and has incurred and will incur attorney's fees and other costs herein. WHEREFORE, Plaintiffs pray for relief as follows: 1. That judgment be rendered against Defendant herein as a result of the unauthorized actions of the Defendant as set forth above. These Plaintiffs are entitled to damages that the evidence will have shown Plaintiffs to suffer. 2. For a partition of said real property, according to the respective rights of the parties therein; 3. If a partition of said real property cannot be had without material injury to the rights of the parties, that the property be sold and that the proceeds be applied as follows: a. To the payment of the general costs of this action; b. To the payment of reasonable attorney's fees incurred for the common benefit of the parties in this action; and c. To distribute the residue among the owners of the property according to the respective rights and interest therein; 4. That Plaintiffs be awarded their costs in this action and that the Court grant such other and further relief as it may deem proper. SHELTON, KINKADE A, LA N Attorneys for P1 it i By: Rona d J Lambden # b Union Colo Bank Building 1701 23r Avenue, Suite A Greele , CO 80631 Telephone: 303-352/8673 Plaintiff's Address Karen E. Poppert South 712 - Evergreen Spokane, WA 99216 Doreen Vogel 1235 Monroe Reno, Nevada 89502 PARTNERSHIP AGREEMENT THIS AGREEMENT made this list day of December, 1982, between FRIEDA KERBS , LARRY KERBS , DOREEN VOGEL, JACOB D. KERBS , ROBERT R. KERBS , LYNN D. KERBS , ROLAND L. KERBS and KAREN E. POPPERT. Recitals 1 . The above named parties hereto are owners as tenants • in common of the real property and water rights set forth and described in the schedule to Exhibit A entitled "Real Estate and Water Rights" attached hereto ,and incorporated herein by reference, in the undivided fractional interests set opposite the name of each in the schedule attached to Schedule A entitled "Partners and Their Interests" attached hereto and incorporated herein by reference. 2 . The parties desire to continue to hold said property as tenants in common and to associate themselves together as copartners for the purpose of operating and managing said property, and for the purpose of investing and re-investing the assets of the firm now owned and hereafter acquired by the firm for their mutual benefit and profit and the parties desire to define the terms of their association and to commit their agree- ment to 'writing. ARTICLE I ' Name and Place of Business 1 . The name of the partnership is '''KERBS FARMS CO. " . 2 . The office and principal place of business of the partnership shall be at 1630 Fairacres Road, Greeley, Colorado 80631 . Exhibit A ARTICLE II Purpose of Business The purpose of the business shall be to operate and manage the property of the partnership and to invest and rein- vest the assets of the partnership now owned and hereafter acquired by it , for the mutual benefit and profit of the co- partners . ARTICLE III Capital Contributions, Accounts and withdrawals 1 . The capital of the partnership shall consist of the real property and water rights set forth and described in the schedule annexed to the balance sheet of the partnership busi- ness as of December 1982 , a copy of which is attached hereto and incorporated herein as Exhibit A. The capital contributions of each partner shall consist of each partner' s undivided fractional interest in said property . 2 . An individual Capital Account shall be maintained for each partner. 3 . EXcept by unanimous agreement of the partners, or on dissolution the capital contributions shall not be subject to withdrawal except as provided in Article IV, paragraph 2 . Gifts of undivided interests in the real property and water rik3hts described in the schedule attached to Exhibit A to any partner from another partner must be contributed to the partner- ship as an additional contribution of capital from the donee. No partner shall be required to make any other additional capital contribution, but any partner may, at any time, with consent of all other partners , make further and additional capital contri- butions . Upon receipt by the partnership of additional capital contributions the division of profits among the partners shall be re-apportioned. -2- ARTICLE IV Profits and Losses 1 . The net profits or net losses of the partnership shall be distributable or chargeable, as the case may be, to each of the partners in the same proportions as they hold ownership of the partnership property. 2 . There shall be no distribution of cash to the partners in excess of the net profits in any year without the consent of a majority in interest of the partners. Distribution of cash shall be made to all partners at the same time and the amount of each distribution shall be in the. same proportion that each partner owns the assets of the partnership to the end that the proportionate interests of the partners will not be changed because of cash distributions . 3 . Each partner shall leave in the partnership business each year such an amount of his or her proportionate share of the net profits which, when all taken together, will provide a sufficicni reserve fund for payment of current taxes, principal and interest on mortgage indebtedness , insurance premiums and other expenses as the same shall become due , and for contingent liabilities which might reasonably be expected to arise. Amounts to be reserved shall be fixed by agreement of the partners prior to each distribution of profits . ARTICLE V Management: Compensation of Manager: Meetings 1 . For the purpose of fixing and harmonizing the policies and practices of the partnership, and for the purpose of securing uniformity and continuity in the conduct and manage- ment of its business , it is agreed by all of the partners that the general management of the partnership and its business shall rest in Frieda Kerbs who shall be known as "Manager" . The Manager shall receive such compensation as from time to time may be - -3- agreed upon by a majority in interest of the partners , but the payment of such compensation shall be an obligation of the partnership only to the extent that there are partnership • assets available therefor, and shall not be an obligation of the partners individually. Such compensation shall be treated as an expense of the partnership in determining net profits or net losses . The Manager shall hold her office so long as she owns a majority interest in the partnership assets, or until she resigns or becomes mentally or physically unable to perform the duties of Manager, whichever event first occurs. Zr. the event said Manager shall for any reason cease to act as Manager, a new manager shall be chosen by vote of a majority in interest of the partners . 2 . In all financial matters and matters of policy including by way of illustration and not by way of limitation, incurring of extraordinary expenses or indebtedness , expansion of business, entering into new types of business , sale of assets, the mutual agreement of a majority in interest of the partners shall first be obtained. 3 . No partner except- the Manager may obligate the partnership without approval of a majority in interest of the partners . The Manager may not obligate the partnership for the expenditure of more than $5 ,000 . 00 without approval of a majority in interest of the partners. • ARTICLE VI Dissolution Because of Withdrawal or Death of a Partner 1. Any partner may withdraw from the partnership at the end of any fiscal year upon giving at least three months' 2 . Death or withdrawal of a partner shall not result in immediate dissolution of the partnership, but the partner- ship shall be continued by the remaining partners without interruption to the end of the fiscal year in which such death or withdrawal may occur, and during such period the estate of the deceased or the withdrawing partner shall continue to parti- cipate in the net earnings and net losses of the partnership - to the end of such fiscal year. 3. in the event of the death of a partner , the surviv- ing partners shall have the option to purchase from the estate of the deceased partner, in shares pro-rata to their then interests in the partnership profits , the interest of such deceased partner in and to the business and property of the • partnership, and the purchase price to be paid and accepted therefor shall be the value of such interest as fixed and pro- vided in paragraph numbered 5 of this Article. In the event of the withdrawal of a partner the remaining partners shall have the option to purchase, in shares pro-rata to their then interests in the partnership assets , the interest of the withdrawing partner by paying to such partner the value of his interest in the business and property of the partnership as fixed and pro- vided in paragraph numbered 6 of this Article . In the event that any of the surviving or remaining partners do not exercise their option to purchase, then the other surviving or remaining partners may purchase the share of such partner or partners , who do not elect to purchase, and the purchase thereof shall be made in shares pro-rata to their then interests in the partnership assets or on such other basis as the partners desiring to purchase may agree. 4 . Any of: the provisions of this agreement to the con- Crary notwithstanding , it is agreed that a partner may sell or •ii v•• •Inl in•i hit: f i 1nI imc• , nr nt. his death through the provisions of his last will and testament, devise his interest in the partnership to the lineal descendants of any partner, or to any other partner or group of partners of this copartnership. Such sale , gift or devise may be made in trust for the benefit of the tranferee, donee or devisee. It is further agreed that a partner may in his will or in a trust instrument as a sub- stitute for his will, provide that any of the lineal descendants - of a partner or any other partner or group of partners of this partnership shall have the prior right to purchase his interest in the copartnership, and such lineal descendant or descendants , or the partner or partners so designated, shall have the prior right to make such purchase within the time and at the purchase price herein provided. The partnership interest so transferred, assigned, or devised shall pass to such transferee , donee or devisee and such transferee, donee or devisee shall take said share or interest in the copartnership subject to all of the terms and conditions of this agreement and such donee or devisee shall be and become a party to this agreement and any amendment or revision of this agreement caused by reason of his becoming a - partner. 5. The value of the interest of a deceased partner as of the date of dissolution shall be the agreed market value or the market value determined by arbitration as hereinafter in this parayraph 5 of Article VI provided. The accountant for the partnership firm shall prepare financial statements from the books and records of the partner- ship as of the date of dissolution caused by such death, which statements shall be consistent with the last preceding state- ments prepared for the partnership for income tax purposes with the exception that the accountant shall use the fair market value of all assets as determined by agreement or by appraisal as -6- hereinafter provided. From such financial statements shall then be determined the net value of the partnership assets as of the date of such dissolution . The value of the interest of the deceased partner shall then be determined by dividing the total fair market value of the partnership by the fractional interest in the partnership owned by the deceased partner. In the event the market value of .the real estate owned by the partnership cannot be agreed upon by the personal repre- sentative of the deceased partner and the surviving partners, then the question .of such market value shall be submitted to arbitration . One arbitrator shall be chosen by the personal representative of the deceased partner and one arbitrator shall be chosen by the surviving partners, who shall proceed to appraise the assets belonging to the partnership. Said arbitrators shall be chosen within ten days after disagreement as to such market value becomes apparent. If the two arbitrators so chosen agree on such market value then the value fixed by them shall be final and binding on all parties in interest. If said arbitrators fail to agree then within ten days after it becomes apparent that they cannot agree the two arbitrators so chosen shall choose a third arbitrator and the decision as to market value of any .two of the three arbitrators so chosen shall be final and binding on all parties in interest. The decision of the arbitrators whether two or three are acting shall be rendered within thirty days after the two or three , as the case may be , are appointed. The fees and expenses of the arbitrator appointed by the personal representative of the deceased partner shall be paid by the estate of the deceased partner and the fees and expenses of the arbitrator appointed by the surviving partners shall be paid by them. The fees and expenses of the third arbitrator, if one is appointed, shall be equally divided between the estate of the deceased partner and the surviving partners . -7- It is agreed that no value for_ good will , going concern or firm name shall be included in any computation of a partner' s interest . Inventories , if any, for the purpose of this Article , shall be valued at market value. 6 . The value of the interest of a withdrawing partner as of the date of dissolution shall be 85 $ °f market value or 85 the agreed t of the market value determined by arbi- tration as set forth by the provisions of paragraph 5 of this Article VI, provided, however, in all places in said paragraph where the words "deceased partner" appears the words "withdrawing partner" shall be substituted and in all places where the words "personal representative of the deceased partner" appears the words "withdrawing partner" shall be substituted and in all p].aces _where the words "surviving partners" appear the words "remaining partners" shall be substituted. 7. At the option of the remaining or surviving partners payments may be made for the interest of such deceased or with- drawing partner as follows : If payable to a withdrawing partner, twenty per cen of the purchase t (20%) price in cash within thirty days from effective date the of dissolution (end of fiscal year in which with- drawal occurs) with balance of the purchase price payable according to and evidenced by five in e promissory notes qual amounts dated the same date that the down payment is made , and payable on or before one two, three, four years respectively from � Such rote the date thereof. s shall draw interest at the rate of 10 annum and shall be per Cent per secured by endorsement of the notes in a manner acceptable 'to the withdrawing partner or by collateral , or by real estate security equal in value to the amount of the notes . Each partner shall give his separate notes for his portion of the purchase price . -8- If payable to the estate of a deceased partner, twenty per cent (20%) of the purchase price shall be paid in cash within thirty days from the effective date of dissolution (end of fiscal year in which death occurs) with balance Of the purchase price payable according to and evidenced byfive promissory notes in equal amounts dated the same date the down payment is made , and payable on or before, one , two three, four and five years respectively from the date thereof. Such notes shall draw interest at the rate of 10 per cent per annum and shall be secured by endorsement of the notes in a manner acceptable to the personal representative of the deceased partner or by collateral , or by real estate security equal in value to the amount of the notes . Each partner shall give his separate notes for his portion of the purchase price . Nothing herein shall be construed to prevent the remaining or surviving partners from paying the .full purchase price in cash. ARTICLE VII voluntary Dissolution Unless dissolved by withdrawal or death of one of the partners , the partnership shall continue until dissolved by agreement of the partners. Upon such voluntary dissolution by agreement , the property of the partnership shall be liquidated as soon as practicable , and the assets of the partner- ship shall be used to pay or provide for all debts of the partnership: The remaining assets shall be divided according to the proportionate interests of the partners based on their respective interests in the ownership of the partnership property as the same stood upon the date of dissolution, after crediting or debiting the net profit or net loss accrued or incurred, as -9- the case may be , from the date of the last accounting to the date of dissolution. • ARTICLE VII: Partners ' Powers and Limitations I . Checks shall be drawn on the partnership bank account for partnership purposes only and may be signed by the Nanayer or by the bonded ,bookkeeper of the firm, or by such other persons as may from time to time be agreed upon by a majority in interest of the partners . 2 . No partner may, without the consent of a majority in interest of the partners: - (a) Borrow money in the firm name or utilize collateral owned by the partnership as security for such loans , even though such loans might be for firm purposes . (b) Assign, transfer, pledge , compromise or release any of the claims of or debts due the partner- ship except upon payment in full , or arbitrate or consent to arbitration of any of the disputes or controversies of the partnership. (c) Make, execute or deliver any assignment for the benefit of creditors or any bond, confession of judgment, security agreement , deed, guarantee, indemnity bond, surety bond or contract to sell or contract of sale of the property of the partnership or any part thereof. (d) Encumber any of the partnership property or any interest thereon or enter into any contract for any such purpose . -10- (e) Pledge or hypothecate or in any manner transfer his interest in the partnership, except to one or more of the partners. ARTICLE X miscellaneous 1. The partnership shall maintain a bank account or bank accounts in such bank or banks as may be designated by the managing partner. 2 . The notices provided for under paragraph 1 of Article V. of this agreement shall be in writing and shall be sufficient if served personally or_ sent by certified mail to the last known address of the partners to whom such notice is to he given . Tf served by mail the notice shall be deemed to . be served on the date the same was deposited in the United States mail , properly addressed and with sufficient postage prepaid. 3. Proper and complete books of account shall be kept at all times ar:d shall be open to 'inspection by any partner or his accredited representative at any time during reasonable business hours . The books cf account shall be examined and reviewed at the close of each fiscal year by a certified public accountant agreeable to a majority in interest of the partners, who shall make a report thereon. 4 . The partners hereto agree that they will execute an further instruments and that they will perform any acts which are or may become necessary ta'effectuate and carry on the partnership created by this agreement. 5 . Any words herein used in the singular shall denote the plural and when used herein the plural shall denote the singular :.s the Conte::t so requires. Pronouns used herein whether masculine', feminine or neuter shall be interpreted as the context requires . 6 . It is agreed that the provisions of this agreement shall supersede and take the place of all prior agreements between the parties hereto and shall bind and shall inure to the benefit of the heirs , personal representatives , successors and assigns of the respective parties hereto. IN WITNESS w.NEREOF the parties hereto have hereunto subscribed their names the day and year first above written. FRI:DA KERBS Address : 1630 Fairacres Road Greeley, CO 80631 LARRY KERBS Address : Box 121, Silverthorn, CO 80435 DOREEN VOGEL Address : 1235 Monroe Reno, Nevada 89502 JACOB D. KERBS Address : 4385 Reed Wheatridge , CO 80033 ROBERT R. KERBS Address : 4763 So. Youngfield Morrison , CO 80465 LYNN D. KERBS Address : 2150 Roach Salina, Kansas 67401 ROLAND L.' KERBS Address : 1630 Fairacres Road Greeley , CO 80631 KAREN E. POPPERT Address : 4568 Garrison Street Wheatridge , CO 80033 • • -12- SCHEDULE OF REAL ESTATE AND WATER RIGHTS The NW; of Section 20 and that part of the NE; of Section 20 lying west of that certain irrigation lateral as now constructed and existing across said land known as the Bob Chestnut Ditch which is used to carry water from the canal of the Western Mutual Ditch Company to lands formerly owned by Robert C. Chestnut, all in Township 4 North , Range 66 West of the 6th P.M. , Weld County, Colorado, together with 20 shares of Milliken Potato Growers Association and together with 20 shares of the capital stock of The Farmers Independent Ditch Company, Kerbs Well 5 adjudicated at 2 . 3300 cfs. , Kerbs Well 3-13688 adjudicated at 2 . 1700 cfs. and Kerbs Well 4-13689 adjudicated at 1. 7800 cfs. • • I SCHEDULE OF PARTNERS AND INTERESTS Interest .Interest Name As of 12/31/82 As of 1/3/83 Larry Kerbs 2. 43427 4 . 86854 Doreen Vogel 2 . 43427 4 . 86854 Jacob D. Kerbs 2. 43427 4. 86854 Robert R. Kerbs 2. 43427 4. 86854 Lynn D. Kerbs 2 . 43427 4 . 86854 Roland L. Kerbs 2. 43427 4. 86854 Karen E. Poppert 2 . 43427 4 . 86854 Frieda Kerbs 82 . 96011 .65. 92022 ' - / RETAIL lUSTI IE 1T CONTRACT(SECURITY AGREEME pared_ 11-1,6 tg (�( 4 laser.(And Co-Purchpser (e)) - �l TIN Seller(Dealer Name and Address) (a).Address(es).County,State. Zip Code • Ellie & '\,Capp Squipwettt Co. •be Parr acptartpr• (Part,serala 'p) . ,- : '.ti' - 301 S. 8th Street "24 w C Righslay 6o Platteville 'Jell Colo,, 806!,1 Greeley+ 'colarado 80631 Pl./falter(which rmana and Includes iM undersigned Purchaser and Co-Purchaser(a)Jointly and aeverlly)hereby purchaaea and Seller hereby sells the equipmentIs fiord below subject to the terms and conditions set forth below and on Ina ey_reverse aide hereof,dehr and acceptance of said equipment being acknowledges, I o said equipment to remain In Seder,together with an additions and accessions.thereto.replacement.and-proceeds thereto snd proceeds of claims on any insurance .in or fen claims,Seller re. Ing a security Interest until all obligations of Purchaser ate paid in lull and discharged. ._ w If Used, Year pry, Description of Equipment - 4 FIrR11aa4 I I Equipment- (Mate and Siva) .•. Mode Serial Number Delivered !. Chan Price r- nil -19711. :`; r: Z., "I r-Traierpational Fen Tractor I.,:, 11466 21202 13,259 ;. 00 . . - - ^ I • _ l AdeMlotael Se•urlry - r ,,SrW3 -(:. ` } 7oW 1 1.3,254 00 .4 _ : � 19 20 1 1 .. .osi ceuefV :Make Moder . Nurnb«?. ,r 6,Ifj 7v 47 50 i. f . -. )r,.t. rvt aeil,DDwnPaymerlbv> .Si 118 00 $ 1 " • l a Daer4r(ai of Trwwln�auigew i . 4k O +%Q'Uioviese/ ' �I� _ •, I '�' DwarinfWn'•-��raaate - " -'M•. ire 'u 4y; '2 TglafDownPay4nent •- 'L' . $ 1(.800.00 - - -.•- 3 Unpsisi balance of Cash Price(1 minus 2) $ 82847.50 �i 1 :..41,-(111,Phy Dam Insurance j 22C - . . I ;y r. ^u s �� at i ee(b):0ttld , r $ ,-6.00 � b t'3uQ'•Totel __- <>,_, $ 227.10 ,.� i r y fl.,..q.... 6. Unpaid Stance—Amount Financed (3+4) $ 9..07!4.60 • j ,haw. I . s . a „ ;. — i - - 6 Finance Charfle S 1,232.20 ' .• 7, Optional Credit Life Insurance - )• $ 0 l :rhAllotvaec• - • 4-- • 8 Total of Payments (Time Balance) (S+8+7) $ 10 30,.30 . • ir'herWy bargalns, phs a d c. unto Seller the above "a't" '"'-i�Q�-� ef(ad Payment Price (1 }4•F 8 t 7) $ 1106.g0 . d Trade-In Equier*ant and wamnts end cartiflse It td be free �1i(Cq, 8.8 I r of Inc rrpryric,,saopYto the extant mown sbor•-K�.fir u i m1!• I0. Annual- ico Cl'Percentage Rate % - - ..-. --_ :�� .IbaURANCtt �"•:.: nl �ny 1)a� QaYararlcdehfrget»�inato'aacrua -Z 18 - j l' :(al u^Ueeliwiraricsient IRed bytfetter for th► heron '15 -4-12)7P!! men) 6anedv)eis For Value received Purchaser hereby agrees to ji H ' # •Qf�hY�•;-1 �ISFt0. - malec'br,hia asslgnee,tt+e Total'of Payments(itertt8apyya)In ep .ge range is obtained from hatterthatost rtter• 5-7,b94 - i. forth.-'em1 of this'Agreement:turbhtacr ihait hay.T =-. Oqual Ir)st≥altments of$ 7Q�1.3{1 payable on the same day of I ' Alan'to.Ixovfde-physlcal damage insurance through an existing" _eachandeverymonthbeginningthe- day of o-one obtained•by Pufehas r, provided, however.Salter reserver&_. - ;fit��yect'an.Iceurap.offered by:Purphaegf for_ n fig _ _i'q -_ l- - - . • - r iaiepnP�kl Y a IfwREFwI^alPe.monp sot ., an6 'T INS!141 , . .. . " ' , __Mc final installment Cue on_ _19w being for a.nount NCE a NOT RZOUIRED by the seller for the extension'44 remaining 4-unpaid-and/or in installments as indicated in tna following credit and,It purchased through Seiler,will only insure for the term schedule of payments. I Credit the.purchasec whose signature first appears on the contract / _ ,- 1 I be provided by an Insurance company selected by Seder at ae st. .r.• (�•PawI most 1 We o.w j *mount . -. 1 • 10-J.-86 la 2061.36 T see hereby requests Serpi to arrange such I`�p/�an t f 2 ){-1r& I. 2051.36 • 2 re..„_,,,,: : eG [•� chaser ,3___ <-(,::,.,:-..... :11}«7-87 't 2061.36 a ja I. 1-88 is 2061.36 Ito ' is UAa1UTY INSURANCE FOR- ODILY INJURY AND►nO►ERTY . ' y 2061.36 itt l . I I s 10-1-88 �: a DAMAGE WILL NOT SE PROVIDED it I • IS b2 It LOON PAYMENTS. The payments' Ibted above•.'-i ' "- : -.••• , •quo-on , 19 and f_ due on I lore than two times the amount'of an otherwise l na any regWagy erJ).QF!Ig4,appal payment.,may--be refinanced only upon such terms and condition*no lees levant* than the alma at.the original irsnaacf(Onrl711k pray)71on'0no_ pglx Jj_ thq Purchasers payment schedule bean reducad • rm with the esaeerabie or the irreguier Macaw of eta Purchaser. has. II i byley G1larnat-Purchaser 4Yreby.•agrees to pay .imam* on.-:al'(.[-.InataamMt past due more than 10 days at the •highest legit-.contract rata eyment R.beta Pprf;naaer May prepay the unpaid balande al this oohkaet In tuff at any time prior to final maturity and If he does so,shall receive•rebate of the d portion of t)y Finance Charge computed on the basis of,the cif lay."No rebate w bl Tads,if the amount thereof is leas than SI Ao. - ;',17.‘t..1 r1 '. THE 1)DD ��t ITlONAL TERMS AND CONDITIONS SET FORTH T}IEVERSE SIDE HEREOF -"" +n.•4r++:4_•AA,FrIC AA f};T08;TH1$'CONTAAOT:AND MEtNCORPORATEDHEfiE1N 9Y THIS,REFERENCE. . .NOTICE TO-PURCHASER 7'..?. tion - Do. not-stgfr-thls Contra[tthefore •yotittbAfi(ytlea`dieDbPi its tatft altiirll'Irtroiti Eths'blanlespacei even nerwlee adylsed.tti. -4----. i -<,_ '-),u7r.d,.,,.,.ac.., u•:'at:•• . are entitled'lo'en-exact and completely tilled`ia.co .w •, as y' r Ay+ 'mis OaattwApyfpery you-sign It. Keep it to pr9i9Gt,YoNr legal — s- 46116 or the law regulating Installment sales you have the following rights, among others: o paw qjf in advance the full amount due and obtain,a pettlal refund of the finance charge. -o redeem the property If repossessed for a-default within the time permitted by law. - o require under certain conditions a resale of the propl)rrt)F')t repossessed...- - -- - seer acknowledges that a fully completed copy of this contract executed by both Purchaser and Seller has been id to him at the time of signing_ _ Io✓nq Contract Hereby Is Accepted RETAIL INSTALL T NTRACT Dated and Signed 47/7 19 _ iv k Capp Equipment Co. i P jJ �f ,r ...tut.by UILI `-f(t,(�y. t�lj ++�' /.lt�'ft%�'+tY'�/ Lie, �!'t144r (sti-r/-,t,• • P.! Il`l id %')y� „atria., EPj a a g ��t.. TRACT WAS PR ABED BY ABOVE SIGNED SELLER .(Title),.",1-. (Purchaser) Purchaser sign Original and Duplicate In INN 4I ', . EALERS COPY - -_�*. DEPARTMENT OF PLANNING SERVICES Cases approved by Administrative Review 11/7/86 through 11/14/86 CASE NUMBER NAME AM RE-494 Alm RE-944 Wolf RE-947 Pohlman RE-948 Bernhardt RE-949 Weinmeiater RE-950 Alm ZPME-1236 Kubo Chuck unliffe, D recto Department of Planning Services 5d;`T5 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOVEMBER 24, 1986 TAPE F86-76 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, November 24, 1986, 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 Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner Commissioner C.W. Kirby - Excused Commissioner Frank Yamaguchi Also present: Weld County Attorney, Thomas 0. David Acting Clerk to the Board, Tommie Antuna MINUTES: Commissioner Lacy moved to approve the minutes of the Board of County Commissioners meeting of November 19, 1986, as printed. Commissioner Brantner seconded the motion and it carried unanimously. ADDITIONS: Mr. Warden added as Item #I0 under New Business - Consider Resolution re: 1986 Levies and Revenue and authorize Chairman to sign Certification. 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 Engineering Services, said that 413 miles of roads have been graveled this year. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $198,993.24 Social Services 25,651.76 Randwritten warrants: General fund 12,977.67 Payroll 964,349.00 Commissioner Brantner moved to approve the warrants as presented by Mr. Warden. Commissioner Lacy seconded the motion which carried unanimously. ,-Thaof BUSINESS: NEW: CONSIDER RENEWAL REQUEST FOR 3.2% BEER LICENSE FROM NINNY ENTERPRISES, INC., DBA PIZZA HUT: Lt. Jim Hayward, representing the Sheriff's Office, said there have been no problems with this establishment during the past year. Ccmmissioner Brantner moved to approve the renewal request for a 3.2% Beer License from Winny Enterprises, Inc. , dba Pizza Hut. The motion was seconded by Commissioner Lacy and carried unanimously. CONSIDER 1987 DANCE LICENSE FOR JOHN SIPRES, DBA SIPRES' LOUNGE: Commissioner Lacy moved to approve the 1987 Dance License for John Sipres, dba Sipres' Lounge. Commissioner Brantner seconded the motion and it carried unanimously. CONSIDER ASSIGNMENT OF VARIOUS OIL & GAS LEASES FROM FAIRWAY ENERGY CORPORATION TO FANCRER OIL COMPANY: Tom David, County Attorney, presented this item to the Board. Commissioner Lacy moved to approve said assignments. Seconded by Commissioner Brantner, the motion carried unanimously. CONSIDER RESOLUTION RE: CASH RENTAL LEASE WITH GENE WAGNER CONCERNING RENTAL OF PORTION OF KOENIG FARM AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden said this is a renewal of the lease which Mr. Wagner has had for the past three years. Commissioner Lacy moved to approve this Resolution. The motion, seconded by Commissioner Brantner, carried unanimously. CONSIDER RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND AUTHORIZE CONTRACT TO AUCTION: Mr. Warden said this request is to declare a 1982 motor grader as surplus and to have Ritchie Brothers Auctioneers auction it. Commissioner Lacy moved to approve this Resolution. Commissioner Brantner seconded the motion and it carried unanimously. CONSIDER RESOLUTION RE: APPOINTMENT OF INTERIM DIRECTOR FOR AMBULANCE SERVICE: Chairman Johnson said that after the interviews which were conducted last week, the Board chose to appoint Gary McCabe as interim Director of the Ambulance Service. Commissioner Lacy moved to approve this Resolution. The motion, which was seconded by Commissioner Brantner, carried unanimously. CONSIDER RESOLUTION RE: APPOINTMENTS TO AREA AGENCY ON AGING: Commissioner Lacy moved to approve this Resolution concerning the appointment of Isabel Peres and Freida Becker to the Area Agency on Aging. Seconded by Commissioner Brantner, the motion carried unanimously. CONSIDER DOCUMENTS CONCERNING AIRPORT AUTHORITY AND JOENSON & JOHNSON LEASE AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Lacy explained this item to the Board and moved to approve the documents and authorize the Chairman to sign. Commissioner Brantner seconded the motion which carried unanimously. CONSIDER REQUEST FROM NELSON ENGINEERS, ON BEHALF OF ST. VRAIN SANITATION DISTRICT, TO PRE-ADVERTISE USE BY SPECIAL REVIEW: Vern Nelson, of Nelson Engineers, presented the reasons for this request to pre-advertise. Commissioner Lacy moved to grant the request to pre-advertise the Use by Special Review and set the hearing date as December 17, 1986, at 2:00 P.M. Commissioner Brantner seconded the motion and it carried unanimously. Minutes - November 24, 1986 Page 2 CONSIDER RESOLUTION RE: 1986 LEVIES AND REVENUE AND AUTHORIZE CHAIRMAN TO SIGN CERTIFICATION: Mr. Warden said the Assessor compiles the Levies and Revenue to be submitted to the Division of Property Taxation and the Board is requested to certify what has been compiled. Commissioner Lacy moved to approve this Resolution concerning the 1966 Levies and Revenue and authorize the Chairman to sign the Certification. The motion, seconded by Commissioner Brantner, 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.M. �� APPROVED: ATTEST: '"""Q �L� BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder Xn and Clerk to the Board/1 ac uelin JohnsoncChairnan By:- V 079 7X-e e., EXCUSED DATE OF SIGNING )eputy County Clerk Go, n E. Lacy, Pro-Tem AlIC Arantt ene R. Brantner EXCUSED C.W. Kirby � ,:a' Fran Yamaguchi Minutes - November 24, 1986 Page 3 RECORD OF PROCEEDINGS AGENDA Wednesday, November 26, 1986 Tape 086-76 & #86-77 ROLL CALL: Jacqueline Johnson, Chairman Gordon E. Lacy, Pro-Tem Gene R. Brantner C.W. Kirby Frank Yamaguchi MINUTES: Approval of minutes of November 24, 1986 (Commissioner Kirby excused) ADDITIONS TO AGENDA: #6 under New Business: Consider Amendment to Health Plan documents and authorize Chairman to sign; and #4 under New will be considered as the last item on today's agenda APPROVAL OF CONSENT AGENDA: PROCLAMATION: 1) Proclaim November 30 through December 6 as Home Health Care Week DEPARTMENT HEADS AND 1) Herb Hansen, Assessor ELECTED OFFICIALS: COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BUSINESS: OLD: NEW: 1) Consider renewal request for Club Liquor License from Greeley Elks Lodge #809 2) Consider 1987 Dance License for Greeley Elks Lodge #809 3) Consider Resolution re: Temporary closure of WCR 15 between State Highway 14 and WCR 84 4) Consider Title II-A 8I Industry Customized Training Grant Application and authorize Chairman to sign PLANNING: 1) SE #285 - Webster Land and Cattle Company 2) RE #955 - Webster Land and Cattle Company 5) First Reading of Ordinance 77-B - In Matter of Repeal and Re-enactment with Amendments to Ordinance 077-A, Ambulance Services Rules and Regulations CONSENT AGENDA APPOINTMENTS: Nov 27 - HOLIDAY Nov 28 - HOLIDAY Dec 1 - Work Session 1:30 PM Dec 1 - Work Session with municipalities 2:30 PM Dec 2 - Planning Commission 1:30 PM Dec 3 - BOARD MEETING CANCELLED Dec 8 - Work Session I .30 PM Dec 9 - Rousing Authority 11 :30 AM Dec 11 - Area Agency on Aging 9:00 AM Dec 12 - Community Corrections Advisory Board 12:00 NOON HEARINGS: Dec 1 — Service Plan, Pine Lake Sanitation District (cont. from 11/12/86) 10:00 AM Dec 8 - Extension of termination date, various weed districts 9:30 AM Dec 10 - Weld County Comprehensive Plan 10:00 AM Dec 10 - Final apportionment of costs, Antelope Hills Improvement District 2:00 PM Dec 10 - USR, Agricultural service establishment, Monfort of Colorado 2:00 PM Dec 17 - USR, Natural gas liquid extraction facility, Diversified Operating Corporation (cont. from 11/12/86) 2:00 PM Dec 17 - USR, Wastewater treatment facility for B & B Smith Mobile Home & RV Park, Orville W. & Billie J. Smith (Site application will be heard following this hearing) 2:00 PM Dec 17 — USR, Wastewater treatment facility, St. Vrain Sanitation District 2:00 PM REPORTS: COMMUNICATIONS: 1) State Dept. of Social Services - County Forum, Vol. 1, 16 2) Oil & Cas Conservation Commission - Notice of rescheduled hearing 3) Public Utilities Commission re: Application 37811 4) Nuclear Regulatory Commission Info. re: Fort St. Vrain and IE Info. Notice #86-95 (available in Clerk to the Board's Office) 5) Planning Commission minutes of November 18 6) Division of Local Government re: Levy for Town of Keota 7) Dept. of Highways Newsletter #86-48 8) Dept. of Treasury re: Mineral leasing funds PLANNING STAFF 1) RE #952 - Lutz APPROVALS: 2) RE #953 - IntraWest Bank 3) RE #954 - Reeney 4) ZPMH #1240 - Medford RESOLUTIONS: * 1) Approve 1987 Dance License for John Sipres, dba Sipres' Lounge * 2) Approve Assignment of various Oil & Gas Leases from Fairway Energy Corporation to Fancher Oil Company * 3) Approve documents concerning Airport Authority and Johnson & Johnson Lease * 4) Approve request from Nelson Engineers, on behalf of St. Vrain Sanitation District, to pre-advertise Use by Special Review * 5) Approve temporary closure of WCR 15 between State Highway I4 and VCR 84 PROCLAMATION: * 1) Home Health Care Week - November 30 through December 6 ORDINANCE: I) First Reading of Ordinance 77-B - In Matter of Repeal and Re-enactment with Amendments to Ordinance #77-A, Ambulance Services Rules and Regulations * Signed at this meeting RESOLUTION RE: GRANT COUNTY DANCE HALL LICENSE NUMBER 162 , ISSUED TO JOHN SIPRES, D/B/A SIPRES' LOUNGE, TO EXPIRE DECEMBER 31, 1987, AT 12: 00 MIDNIGHT 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, John Sipres, d/b/a Sipres' Lounge, has presented to the Board of County Commissioners an application for a County Dance License to hold public dances at the location described as follows: 1490 Weld County Road 27, Brighton, Colorado 80601 WHEREAS, said applicant has paid to Weld County the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25. 00) for said County Dance Hall License, and WHEREAS, having examined said application, the Board deems it appropriate to grant a County Dance Hall License to John Sipres, d/b/a Sipres' Lounge, and WHEREAS, said license shall be issued upon the express condition and agreement that the public dances will be conducted in strict conformity to all laws of the State of Colorado, and any violation thereof shall be cause for revocation of the license. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Dance Hall License Number 162 be, and hereby is, granted to John Sipres, d/b/a Sipres' Lounge, to conduct dances at the hereinabove described location. BE IT FURTHER RESOLVED by the Board that said License Number 162 shall be in effect through 12: 00 o'clock midnight, December 31 , 1987, conditional upon the applicant conducting all dances in strict conformity to all laws of the State of Colorado. / J fie = _ ,. -`Fc._ 86112? Page 2 RE: DANCE LICENSE - SIPRES The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 24th day of November, A.D. , 1986. Irv, BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board a que 'ne Johon , Chairman i 1 EXCUSED DATE OF SIGNING - AYE `BY: ��yy_..y.�o, o„/ 1 Go on E. Lacy, Pro-Tem Deputy County c �.�lerk 6 APPROVED TO FORM: Gene R. Bra tner EXCUSED C.W. Kirby County Attorney cif' Ul/`�/ dr ( Yamagu i 861127 WELD COUNTY APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES /1-12 `e p(o DATE TO THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: License fee of $25.00, payable to Clerk to the Board, P.O. Box 758, Greeley, Colorado 80632, La 1,•>r.Ly tendered and application is hereby made for a license to conduct a public dance hall, booth or pavilion, where public dances are held, for the calendar year i9`2 or portion thereof. The undersigned hereby makes application for a County Dance Hall License, under the provisions of Title 12, Article 18, CRS, 1973 as amended, and for that purpose makes the following answers to the questions contained in this application. Every question must be answered. Any false answer or statement made by the applicant constitutes perjury and the person making such statements subjects any license issued herein to revocation. 1. List the name and address of applicant. (If application is by a partnership, give names and address of all partners. If application is by a corporation, give names and address of all officers.) Name Address --1-0 FIN /'J. ,;02es /490 olc 7 2. Is applicant organization incorporated under the laws of this State for purposes of a social, fraternal, patriotic, political, or athletic nature, not for pecuniary gain; or is it a regularly chartered branch, lodge, or chapter of a national organization or society organized for such purposes, being non-profit in nature; or is it religious or philanthropic institution? Yes ( ) No 9C) If "No", explain. 50% owjJe/- 3. Complete the following: Name Address Manager President Vice-President Treasurer Secretary 4. Trade Name (If any) Telephone No. Telephone Number of Manager £1 ees LO U hg F L,5 ( -,7S9G_- .c,4-m e- 5. List CT te(s) for which application is being made for license. F C5N j /9:7 ,,,,,,,. 2:00q, SAS From ate) : . t Hours: To (Date) :_PQG 31 ,j53l Fours:PA? T-1 gin Su/0) Egan) 6. ADDRESS OF PLACE TO HAVE LICENSE: (Exact location of premises must be given. Give lot, block and part of the section where located, and if possible, give the street and number.) /I/90 ai C L a-7 A) Xi 2�� 9d nul;,t i 46 (//e4' & P., d61127 I 7. Are these premises now licensed under the State Liquor or Beer Code? If answer is "Yes", to whom is the license issued? Yes 0 No ( ) "3-1)1 8. Do you have legal possession of the premises for which this application is made, either by deed, lease, or written permission of owner? • Yes CO No ( ) 9. Has a license been issued previously? Yes (x) No ( ) ti A 114 xvi ,-- 4 gnature of Applicant STATE OF COLORADO ) ) as COUNTY OF WELD ) Jo//,d AK J/PPiS being first duly sworn on oath, deposes and says: That he, she (they) is/are the applicant(s) above named: That he, she (they) has/have read the above and foregoing application and the answers made thereto, and well knows the contents hereof, and that the answers made to the interrogatories therein set forth are true to his, her (their) own knowledge. *11 e cf Applicant Subscribed and sworn before me this /7 day of �GGl71LG'�' , A.D., 19 ce 7-/74134 117 Deputy County C erk BilidatiathrkLe 7� T A'e l. to Cl,t O W -c z c O 0 V w(/j O VT c w o F el 01 O _ LE. V t N V 00 W M c N N — > D W vq m _ — W j d a O i. V W O' rt '� 4) a O O J C c w __�. ill o O 0 O - Cis N, w1 :w 19, 114 .�- O O - f u Q ci v. W G o c 0_5. U go ..cn4E t^-1 ass b c = = th N z ,-I V � "Q - N '� ` a C O „' ~ ...i. Q �� _ _• CJ r-.. N v = O - J L �.•• .��K!V/iC.- CC C Cr. c E -0 `' r ,_ � + "A( to w .mac V Z r jo t, ZT• 9r ¢ GI CO a0i ar cd o ro N C O) 0 V It N ,,1 51 10 r0 us <0 V t -d y y3 O t PH C Q >1 "' 0 y Cr O r�iW�z a u N '0 N vI o O� G •-•O m 7 N o c o » E o >. m O "M C C_J ? C m N L Q. L e : O •o 0 U 7 � _C o in W v •CO rn = o Vsm. o S g mt ,9 � = 44 d ..7 () O �j S y i ,..it- -D 0 a le Ma 410 m c m 4le C J An C N T nC3 M C Q Fes-- F v �_' C o W r _ - N o L W .n -Cr E a >.Z C N Q 0 U f- t,„ m UA a 73 D Q ` VVV teirOaw minas ammo Oaf-L C'einge" 9S-jfl ant mantas twos sa a .4XaXa oa ❑ s o, r;,, �. ni ' V�� zr � � ji1iItLUi o �' oTzi •• ' 4 i s -3 s ! i <� z n O O am c 7 °v a rn K 1l � _ I h 4i t ' .!C ll • I . , I PS Form 3800. Feb. 1982 * U.S.G.F 11 H �_ " _ I ' -,t- r! O x - c_ {. ;3 1. aI - i n n71z ,o O _ > y_ ioc ni m I GJ OA Z 00 aaa , m c m 0 ' `h co o` m g m a; I cS (. Z r '+7 0 T ~ T gm �z 0 O 2 ,--a. `”��}\V\ a 00 "m z con '`nm m to 00 <£ , 20, H ob a Ui CD K -z3 o' . 0.T T N O So rTi O 7:o O -z yy n< 'i a �" C7 r o 3 ¢ N o D W a F I _I TREASURER'S OFFICE,WELD COUNTY 7141 Greeley,Colorado.- , 19. u•`✓. RECEIVED OF. , (L((fir SS "74-141*--) S . FOR CREDIT unty General Fund 101 0000 et 1.—E.�2 25..�� Health Department 119 0000 Human Resources 121 0000 Social Services 112 0000 Housing Authority • Road & Bridge Fund 111 0000 Airport 177 0000 County Clerk Cash Escrow 810 0803 I � Fee Fund 900 0912 School District Gen Fund School District C R F I l School District Bond Fun FRANCISun y rC surer T TOTAL AMOUNT y� GOunty TrN5u IC( SIC �/_511W RESOLUTION RE: APPROVE ASSIGNMENT OF LEASES FROM FAIRWAY ENERGY CCRPORATION TO GEORGE H. FANCHER, JR. , DBA FANCHER OIL 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, and WHEREAS, on May 15, 1985, Fairway Energy Corporation received certain Oil and Gas Leases from Weld County, Colorado, for parcels of lands which are described in Exhibit A, consisting of two pages, of the Assignment of the Oil and Gas Lease, a copy of said Assignment of Oil and Gas Lease being attached hereto and incorporated herein by reference, and WHEREAS, Fairway Energy Corporation now desires to assign all right, title, and interest of said parcels to George H. Fancher, Jr. , dba Fancher Oil Company, 1801 California Street, Suite 4450, Denver, Colorado 80202, and WHEREAS, pursuant to Weld County' s Oil and Gas Lease, said assignments must be approved by the Board of County Commissioners, and WHEREAS, after consideration, the Board deems it appropriate to approve the hereinabove mentioned assignments, subject to a total fee of $25.00. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the assignment of said leases, from Fairway Energy Corporation to George H. Faucher, Jr. , dba Fancher Oil Company, be, and hereby is, approved, subject to the submittal of the $25.00 fee. / /con, �� J 47 .1 861126 Page 2 RE; ASSIGNMENT OF LEASES The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 24th day of _ November, A.D. , 1986 . `J y . BOARD OF COUNTY COMMISSIONERS ATTEST:' r2(AAn2iaw WELD COUNTY, COLORADO Weld County Clerk and Recorder ,- N � v. \ r-- and Clerk to the Board J cqu ine Johpon, Chairman -( / I EXCUSED DATE OF SIGNING - AYE -y_ \}- sjy -/ Go n E. Lacy, Pro-Tem N13deputy County Clerk glfiAfic APPROVED:, - TO FORM: Gene R. x tner EXCUSED C �i `� f_ItG C.W. ' by j 11 County Attorney an amaguc � 861126 Mid-Continent Association Form with Overriding Royalty Reservation AR207B340 and Reassignment Privileges (This Space Reserved for flag Stamp) 150 ASSIGNMENT OF OIL AND GAS LEASE KNOW ALL MEN BY THESE PRESENTS: That the undersigned, FAIRWAY ENERGY CORPORATION 999-18th STREET, SUITE 357 ONE DENVER PLACE DENVER, CO 80202 hereinafter called Assignor (whether one or more), for and in consideration of One Dollar ($1.00) the receipt whereof is hereby acknowledged, does hereby sell, assign, transfer and set over unto GEORGE H. FANCHER, JR. d!b/a FANCHER OIL COMPANY 1801 CALIFORNIA STREET, SUITE 4450 (hereinafter called Assignee) DENVER, CO 80202 100% interest,subject to the overriding royalty reservation hereinafter set out, in and to the oil and gas lease dated , 19__„ from SEE ATTACHED EXHIBIT "A" B 1136 REC 02078340 11/25/86 11:28 $0.00 /004 F 1263 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO , lessor— to FAIRWAY ENERGY CORPORATION , lessee_ recorded in book , page insofar as said lease covers the following described land in WELD COLORADO County,State o£ - SEE ATTACHED EXHIBIT "A" of Section- Township Range __and containing ^cres,more or less together with the rights incident thereto and the personal property thereon, appurtenant thereto, or used or obtained in connection therewith. In the event the assignee herein shall elect to not pay the rental due under the lease herein assigned, Assignee agrees, at least thirty days prior to any such rental date, to tender to the Assignor herein an assignment, without warranty of title, of all of the interest herein assigned. The Assignor herein hereby expressly excepts, reserves, and retains title to an undivided d0 PERCENT OF EIGHT— EIGHTHS (2`/, of 8/8ths) of all oil, gas, and casinghead gas produced, saved, and marketed from the above described land under the provisions of the aforesaid lease, or any extension or renewal thereof, as an overriding royalty, free and clear of any cost and expense of the development and operation thereof, excepting taxes applicable to said interest and the production therefrom. And for the same consideration the Assignor covenants with the Assignee, its or his heirs, successors, or assigns: That the Assignor is the lawful owner of and has good title to the interest above assigned in and to said lease, estate, rights, and property, free and clear from all liens, encumbrances or adverse claims; That said lease is a valid and subsisting lease on the land above described, and all rentals and royalties due thereunder have been paid and all conditions necessary to keep the same in full force have been duly performed, and that the Assignor will warrant and forever defend the same against all persons whomsoever, lawfully claiming or to claim the same. All of the provisions of this assignment shall be available to and binding upon the respective heirs,executors,administrators, successors, and assigns of the Assignor and Assignee herein. ? $1- EXEL�t>L:ED, This 27th ___day of - _ OCTOBER o'+ ATTEST: = _ -AIRWAY ENERGY ORPORATION _ • dUDY ,,f ROBINSON, Secretary/Treasurer THOMAS M. OBIN fi Pres arts . D ?. STATE OF L ss- ACKNOWLEDGMENT FOR INDIVIDUAL (Kans. Okla. and Colo.) COUNTY OF - I Before me, the undersigned, a Notary Public, within and for said County and State, on this day of , 19 , personally appeared and to me personally known to be the identical person who executed the within and foregoing instrument and acknowledged to me that executed the same as— free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written. My commission.expires- Notary Public • Printed by P&M Printing.51i 16th St..Suite 2'22 (303)S93-16.91 STATE OF Oklahoma, Kansas, New Mexico. Wyoming, Montana. Colorado. Utah, its. Nebraska. North Dakota, South Dakota COUNTY OF ACKNOWLEDGMENT—INDIVIDUAL BEFORE ME. the undersigned. a Notary Public, in and for said County and State. on this _ day of 19 personally appeared B 1136 REC 02078340 11/25/86 11:28 $0.00 2/004 F 1264 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO and , to me known to be the identical person described in and who executed the within and foregoing instrument of writing and acknowledged to me that duly executed the same as tree and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my notarial seal the day and year last above written. -. My Commission Eryires Notary Public. STATE OF - ' Oklahoma, Kansas, New Mexico, Wyoming, Montana, Colorado, Utah, ss. Nebraska. North Dakota, South Dakota COUNTY OF } ACKNOWLEDGMENT—INDIVIDUAL BEFORE ME, the undersigned. a Notary Public, in and for said County and State, on this _ day of 19.._._..._. personally appeared and _, to me known to Se the identical person-.-...... described in and who executed the within and foregoing instrument of writing and acknowledged to me that duly executed the same as free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF. I have hereunto set roy hand and affixed my notarial seal the day and year last above written. My Commission Expires Notary Public. COLORADO y Corporation) State of _ ? ACKNOWLEDGMENT (For us: b County of .. DENVER }ss' On this 27th day of OCTOBER A. D. 19 3.6 before me personally appeared THOMAS M. ROBINSON to me personally known. who. being by me duly sworn, did say that he is the PRESIDENT of FAIRWAY ENERGY CORPORATION '_�•�, f and that the seal affixed to said instrument is the corporate seal of said corpora- „ tion corili rh'ar'sai4dlnsf ument was signed and sealed in behalf of said corporation by authority of its Board of Directors. and said NA ..Yr..3 acknowledged said instrument to be the free act and deed of said corporation. -0-0-4.- W�p ys m nd dhdt seal this 2.7.tl day o` OCTOBER A- D. 19--86 (SE10E) `.,_ ,c 's77/ AUDREY HEN L Notary Public. My Commission expires 1:F.B ,t PABY_IQ.,. 1.99 -__...- -.. „ ai I' D V O U a.. C' ` , a r 5 • Q • V v O v 2 • i • j ' I2 ii r O 0 �ia z ' 1 (3 w h i -oI ` Y c. Z v a t E 'O I • ti I r , II Ii T 4 H ,� o c n 7: ' i • Atallfl T` C. II 9 I r F r w w w w w — rn N r• 0 CO " P to w w N �• r w N m iM O I CO co co CO co v) CO 0 CO m Co n ^ n 9 O 0 C I A) 0 N D: A) N 0 0 0 > 2> m 3 a 3 3 3 3 3 3 3 3 3 C X. 0 n •r — M. co m m at CD (D n m 0 O Z :S n O p I W O] 7 r _ 0 O W A) N 0 0 A) C) m W .< cn O A (D .-• O 1 :n m to s rn m v: z m ;n s V) 9 r 0 O 2) 7 0 D) 2) C) C) 0 o C; N 0 0.C .-', r• z r Cr S r Cr CT Cr 0• C Cr r Z 9 C) .-I !I m o o o O 0 O 0 C 0 0 Z =Co O .3 -< (1) < < < < < < < < < < < m A "1 } Cr] co fD m 1D CD O ID CD CD CD ID r V) a J m O C) O -0 n .A X 0 0 n g S O I "1 G 7 — 8 1136 REC 02078340 11/25/86 11 :28 z n _ $0.00 3/004 � '-3 O o < _z m F 1265 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO r z J Cn AO O r — 7A -- o O -Go I cn CIA CA CO cn CO CM to 0 a 0 !J 0 b m W D) 0 1) z 3 3 3 a 3 3 3 3 3 3 3 -T-I 13 m m m m CO m m m m m m A ! 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Cc v: a o - z o- co - c 'I G d 9 -'J o t0'c H n z m d ✓ - O' 2 > t o 0 o C ['1 O Z H .< I,0 G < '. '.V -x; ^ r' - 11.0 m o o 0 r o- 'r• to Op ^ 0co IIA x ( ac) nG- O = c r .. > fl rc — 30 0': O3. I o- Ii -1 s � o - D o — cn v> cn n -- i II m m vz i D m 3 9 F > 0 Vf N m > -G I M H r t,,, c o- o- oz 1 0 • O o z of n m • < < Ism n n o n K 'i N I B 1136 REC 02078340 11/25/86 11:28 $0. 00 4/004 I F 1266 MARY ANN FEUERSTEIN CIE RR & RECORDER FE LD CO, CO I! -I M S , a m I0 O co m w V > r II D CO H cc> H —3 ✓,'H I m CD 7 fi 0 0 0 n I^ 'i n £ n £ n £ n - n37 N -•n u. J r. (f. \1 7 r. - - 3 te_ I 2 cl, Co — m .7 p I F;X P1 .. .. 0z 0 H 4..,- 7 N S aMI, y�'I r• 'Ifi M V% = z 7J Ch ,--:5 Il IJ C MI 50 Z G rvt'... 0 ;an 7 ♦,- 7 sr L.• ZiJ I- - - M C CD a. Cc y IIg z £ a. w .A- 0 T w II A Ile -4 sr z z 0 m s w o o` II 1_ 0 TA n s n ^ n. thTr. o 0' .c..- x O n a - 0 '* 7 S S 0 J a i F w w v CO N .O F 0 0 N > n O 0 V -J y 0 0 l..1 N IM i 48 0 O c 0 II W 0 o 0 --J I'0A I7Cm 0 O O 0 0 O in 0 O 0 0 O w w w Lk) m O CO '0 IH I0 0 z ta1SPIYMYflISYMufeg0o /Y67'F- (�o7T 40 SWOP aelNAr'lins sUgyd Sd 91 oP far ID:Ili I I ll lit I[ 1 . - . _ , a Q L G I 1,i . i I I N,....ha R 2 co n z Si ea 13 c,)-,,r , 9,- (-) N N 7 H � i ( • s kit -° PS Form 3300, .one 1935 1' _ r - __ C r—, 0-4 0 „ _ COco 9 m , ' _ < o n '- 1 - z or.; Iv �� _ { � nHox - � 0 m >0Non n 0 9 m - i yzX '. z r • < O ` 4 LL r Ui O jffiartriter Mil (Iumpang SUITE 4450 1801 CALIFORNIA STREET DENVER.COLORADO 80202 (303)296-6600 November 17 , 1986 Clerk to the Board Board of Commissioners of Veld County P. 0. Box 758 Greeley, CO 80632 Attn: Audry Re : Assignment of Oil & Gas Leases From Fairway Energy Corporation To George H. Fancher, Jr. , d/b/a Fancher Oil Company 16 Oil & Gas Leases w/ Weld County as Lessor Weld County, Colorado Gentlemen: Please find enclosed our check in the amount of $25 . 00 to cover the expenses incurred during your review of the enclosed two originally sign copies of the subject Assignment . If this Assignment meets with your approval , please returned one originally signed copy, with your approval information, to the letterhead address , keeping the other original copy for your files . If you have any questions , please advise . Yours very truly, Deborah G. Corlett GHF:dc Enclosures ri r7 . RESOLUTION RE: APPROVE CERTAIN DOCUMENTS BETWEEN GREELEY-WELD AIRPORT AUTHORITY AND JOHNSON AND JOHNSON EDUCATION SYSTEMS, 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, certain documents between the Greeley-Weld Airport Authority and Johnson and Johnson Education Systems, Inc. have been presented to the Board of County Commissioners, and WHEREAS, said documents consist of: an Agreement Regardinc Encumbrance of Leasehold Interest, pertaining to a loan in the amount of $100 ,000. 00; an Agreement Regarding Encumbrance of Leasehold Interest, for a loan in the amount of $386 ,507.59; a Deed of Trust, in the amount of $100,000. 00; and a Deed of Trust, in the amount of $386 ,507.59, and WHEREAS, after review, the Board deems it advisable to approve said documents, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described documents between the Greeley-Weld Airport Authority and Johnson and Johnson Education Systems, Inc. be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said documents. /:, 861129 Page 2 RE: JOHNSON & JOHNSON EDUCATION SYSTEMS, INC. T::e above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of November, A.D. , 1986. �-y BOARD OF COUNTY COMMISSIONERS ATTEST: / tQtilP44.1G4vv WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board QcquItlijl n nsonn,Chairman EXCUSED DATE OF SIGNING - AYE Bz �l�^, u�_• ��c iii Gordon E. Lacy, Pro-Tem D puty County erkft �p APPROVED AS TO FORM: ene R. Brantner EXCUSED � yZ C.W. irby �/Lt'YLLh� _ County Attorney Frank Yamag i 861129 AGREEMENT REGARDING ENCUMBRANCE OF LEASEHOLD INTEREST 1. Defined Terms. The following ler.ns shall have the meanings indicated whenever used in this Agreement: Johnson & Johnson Education Systems, Inc. d/b/a 7.1 Borrower (Name and Address): Emery School of Aviation c/o Technical Trades Institute, 2315 Pikes Peak Ave. Colorado Springs, CO 1.2 Bank (Name and Address):United Bank of Skyline, N. A. 1055 16th St. Denver, CO 80202 1.3 Lessor (Name and Address): THE CITY OF GREELEY, a Municipal Corporation and THE COUNTY OF WELD, a Body Corporate and Politic of the State of Colorado, jointly 1.4 Lease: The Lease,oared _March 14. 1986 " between the Lessor,as the landlord,and the Borrower,as toe tenant,a copy of whicr is attached to this Agree-rent as Exhiot A. 1.5 Note: Toe promissory note of the Borrower to the order of the Bank,dated_April. 28. 1986 in the principal amount of S_100..509.9„40_.,and all renewals and extensions thereof. 1.6 Deed of Trust: The Cecil of Trust,dated April 9£ 1Q$&er-ing the Borrower's leasehold interes4 in the Lease,from the Borrower to the Public Trustee of :he County of Weld .Colorado for the benefit of the Bank to secure the Note and the Ob',:gallons. 1.7 Obligations: The Borrcv is ocligations unde N-ote and a , otiia - - a;io^a secured by ^:e De C" Tras- Tne ferms and cond.tionson the reverse side and subsequent pa f -i,°qr= r•q- "'4 .e-eb ro ar k et � tit Gn LEY, ya Municipal Corporation Sohnsori Johnson Education Systems, Inc. and THE COUNTY OF WELD, a Body Corporate and d/b/a Emery School of Aviation Politic of the State of Colorado, jointly Borrower Lessor JJ 7 BY: f! 8 �' 717G7fX- b. It. Dill, kresf•ent ��ff `,_ (Sea') ) Attest. A[icct Gated Dal ?4 cl Lessor's Acknowledgement See Attachment No. 1 for signature of STATE OF COLORADO TIE COUNTY OF WM) ss. c0 NTv ) The foregoir •"e ‘,V3 .acknowledged before me this day of �/'/1l%i` <� .,oC�� roy*j ?.rt /1 . ct-/M P.�&n J . (as kl/?(li;r F4es-lent and L'Y1J(n, Yhsa as Pi %? - /e/?.N- Se= tat-y of Y1h C i (1 i ! �'/ :�.-/,? c.:awr a c au.auo,i. ..'I:tress my need add official seal. O'JLi t' (J r"4Lia jCcL; Notary Public r-/ My commission expires /Cn --e, Borrower's Acknowledgement STATE OF COLORADO_ ss. COUNTY OF�k (-17a."0-0t^� ) { Tr r dgoind s r,:r'un was ccanevv,edgeo be tore e t e tois'th day of ,K!-Qpt/12.- 11 ,9 S �y E R. Dill Flt (as ?reSden;and Johnson & Johnson Education Systems, inc. as Secretary of d/b/a Emery School of Aviation a corporation). V./itness try nand and offleiai x:7;. Notary Pu Olio 5-389 My cor.^.miss;on expires ? )4-89 0 2. Recitals. The Borrower has ex c ,ed the Deed of r order za secure ; Gunge:suns, confirm the ad< ofc._r to Q y Deed of eS 5e<„� :y, [ n,o^� iFn required that this Agreement _ ,, .Cd and delivered by the Lessor an,: the Borrower. - 3. Lessor's Consent. The Lessor hereby consents tc the d ,rrowe s . .rib s inter- pursuant to the terms of the Dee.. of TaISI. . e[.e ^� Lease 4. Representations and Warranties of the Lessor and the Borrower, ,,. , r, iirfluiints to the Bank that cxh u A act e o this A� :n °o l Le„rotl that/ a *ine '� � ''e has been executed by the ...y y au i,ec; •ep Ivy: , uaye � Lessor _, a, obligation of e Lessor. The Borrower e .:; r1 this Agreement is a true ar correct copy •S J and l L .'41 [il. A l rPC. to 'i Or e Lease ;no;, r has, ,- .,; representatives of the Borrower ra c a vdlid > , ,c, ,1., Bo < d.; d as0 represents and:v., r s .^ Bank that � Thu _, _ n Borrower's I .1 1 .S; . Claim,seto` en ors co a ance oth" than he of D or Trust. �:a St) `' S`:Ofee` to any 5. Notice of Defaults Under the Lease;the Bank's Right to Cure. ' ' U•ly rich: to Lease, the Lessor shall a 1 nc c to // notice ofa � ' - i ' J II , ' r:,y� ,r"to �� s.. 1 JJ th I I the Lessor rx a to 'h: J C-da/ r 1•r( '' :r c,liiy u+ F. Ii :NO obligations o the Lessars t tne Banks: I h , r "t11I dos' Rank,whi h Sl.. not de.. � V J 6. Banks Rights Upon Foreclosure of the Deed of Trust L the Bank to _cic$u5 L d c of 'Trust, .- J OUT •• t be obligate o < am h„ : o .n . . uv all Pt the rights and eithe.nions. • not: Bairuatcr 1n-Pay,the Less„ ,he ,,ri. ' ,'' the Borrower's cbhoszions. 1 JI t ce trot he Bank 1 e do^ ▪ 5 jssurr c.ify 1 drily,upon under Y,Out any ^Quiry Ir l .__.' 1 =,>r rcn,. aria cpt,irpia � '_ 7. Borrower's Continued Liability; Indemnification of the Bank; Rights of Subrogation, 1 fraBon'-:'s assumption of aoy of JCI i 11tr5FILMY-1.1,0r, r J .1;-::1 ai'r Borrower its - n0 r r/P ^.:t 'r L T' 1 ( I H e a';1' c i SSa^ Y S'S .^Cci'1n�C[IO I ' _� c r of _t.f, Iaat : �, 1 - `f .and ho Id ^ , Gal .55 t S, iiainEams, . u:( Y.r ^ B re is , .. Shan thereupon bribroniantr to off t▪hep p In it Bo:dotty: LI der nod <l J d nun J ' Bank„by dee t .. Uy .1 i- - 1 r iS. �'.Ilra(iOnS h ie ss and until c ' paragraphs 5 or 6. Less ,t.r_^ . :.r v.:=•.. 8. No Amendments to the Lease. 1 n _:it :he >.for wr ;nn_< „ B- ,, gn s :hcrcu IN_ ... ., ,. _ _: ` 9. Lessors Certification of No Defaults. J al n : -.od ,.. L ....II 1 r r:'1 L, , _ r t :;; :fruit .;;_i•.. XSIJ hat co ssJr, c:‘,.:•;;; :< 1 a 1 Con It y a ar ✓ or J .' ., l I u or J ad > t e exists,r, t ur ex_tenCe [het_ oaf: 'sser is ,a sysfa, 10 Performance by the Borrower ' B rro " , tpty nyrytin :fide shoii ra. ons'..jeC; fa t7•2 0 .sonve: ,•..y dues ed ',fr. cu. " end o 1 rail 11 General \ .1 Br,: see it) he Bane: s 'IY t _ 1Y :'1 ...e'.: .,. d ay u 11 a" r1 V n 1Tryst .1 ♦ 1 ✓o ,J ICi I y• � �'Jr < 1 1i 1 .. � �,. _ /a• Any consent,rV;;Cilt, ocroor C r, ,. (el This nRtr rent shah, v. .. • r ✓ >`I J this Age -.nom shall i)e c.J ',i :va snail inure to the Lessor and the ._ .. . / v-rJ r 5 .-1 �,. A l i 1 . , >re assigns of the Lessor and rrev, 1 r i h s „ e A s �1o: ft:recency +lal! n or AiSQJrt the r,t J 1:1) nu l y to in several Cd e '1a. S.coon .^ .,hie Shari ..e a�.. C.. a c. r. � .. :: and the Sanr s:rur J e „n,.,i' e .. ctJ ,;:itu .� :a ATTACHMENT NO. 1 AGREEMENT REGARDING ENCUMBRANCE OF LEASEHOLD INTEREST THE CC"':7TY OF WELD, a Body Corporate and Politic of the State of Colorado BY: a�,�u), 1 quele Joh n, Chairman Board of County Commissioners Weld �}�JCounty, Colorado ATTEST: \' '�^�fTe,c04.4tec.,-„ Weld County Clerk and Recorder and Clerk to the Board C 1 L Deputy County Clerk SEAL DATED January 20 , 1987 AGREEMENT REGARDING ENCUMBRANCE OF LEASEHOLD INTEREST 1. Defined Terms. The following terns shall have the meanings indica: ,ci whenuver used In this Agreement. Johnson & Johnson Education Systems, Inc. d/b/a 1.1 Borrower (Name and Address): Emery School of Aviation c/o Technical Trades Institute, 2315 Pikes Peak Ave. Colorado Springs, CO 1.2 Bank (Name and Address):United Bank of Skyline, N. A. 1055 16th St. Denver, CO 80202 THE CITY OF GREELEY, a Municipal Corporation and 1.3 Lessor (Name and Address): THE COUNTY OF WELD, a Body Corporate and Politic of the State of Colorado, jointly 1.4 Lease: The Lease,dat=d March 1 4 19RA , bet:•reen t _sso:,as the ,anclord,and the Bo,r awe,.:.. n,-• :--11S ..,; copy of w: attacnec tb e•:!-‘en as OS Exn;o:: A. 1.5 Note: e promissory note o'386,507.59 The 6 w o ;h o:der o e B c; May I, 1986 ir, the r:nc as.o,,nt of S o ,and a.P .enowais end extensions :hereof. 1.6 Deed of Trust The. Deed of Trust,dated May lilac,coveting ine Dorrovver s!easonoiC interest :n the Lease, from:. the Borrower to toe Puolic Trustee of ;ne County of Weld , Colorado,for the benefit of the ca: t0 secure the Note and;h? Ob:ications. 1.7 Obligations: To, 9,orrov e 's obligations unde Note and all other hishit.ationssecored by tr.!? Deed of Tros: The Tcyfilsond cor„i6Uns On the reverse side arc T suosecue a' .1 f y i$a C fi�R "GF-,1 EY, a Municipal Corporation 1olinsoneh 'Sohnson Education Systems, Inc. and THE COUNTY OF WELD, a Body Corporate and d/b/a Emery School of Aviation Politic of the State of Colorado, jointly Borrower Lessor _ BY_ E. ti� Dil • resl e�i Y, /vim` Attcst — —_ _ At:est Dated Dated — Lessor's Acknowledgement SPP AttdChTriEnt No. 1 for Signature of STATE OF COLORADO THE COUNTY OF W'Tr .D ss. COUNTY OF 11t<1_rf'% I �, reQoing ins ^..nr was ,C%t .edged befu _ ),. this - . Coy r:/in -g j%� ,y ! GL1Li F . 1 )/V,f ' tie (as A—'r{i/Or .fe,)tkt aKd F�ni,(g 7;__ —_ as r} (� nl7,G. 0_ .._.a - of S1 c1 !'i �� l7• rri 4i(%li:T a corno / 'dtion). J '� J w '.nuss my ha.^.d and ott c,n': sec'''.. yrFl C) rr'L 'I f� . ✓LeAcO Notary Public My Comm ss'On expires,''.' P7 Borrower's Acknowledgement STATE CE COLORADO ) ss. COUNTY OF The forego. G y.ru rent v+.-s aokno'wledged before me th,s _daY Ut -nfl `° ._, ;9 % , dy E R. Dill ''as a,eg:,.d„r;t rnd Johnson & Johnson Education Systems, inc. as Sac-*:ta•y, Or /b/a Emery School of Aviation a corporation). Witness my hand ate:O`'O'a' NO20ry PUbItC/ p '/ My corm,e,ss,on. expires 5389 X9.9 s 2. Recitals. The Borrower Pus execotea )ne Deed o; u r C confirm the - d:rc ig_te,ts and, ' x.O Cr.r adequacy of f Deed to Q Y s Trust St. , ..utY.t i +v snn, <,u d ma. , t,.Ac,�� not uc exE-: .� and delivered by the Lessor,,..., , _ Borrower, ' 3. Lessor's Consent. The Lessor he:etty cOnscnts to the Etter resreir's .. r its Pursuant to lr terms of me Decd of rust. ;merest in the Lease 4. Representations and Warranties of the Lessor and the Borrower. ,_es, to the Bank that - / h " +a Exhibit attached this Agreement IS d ' :Y Lease 1 y t Inc has been executed by the duty aauthorized representatives u Lease obligationof the '.' et:t1 ` t ft enforced-Lie 9 E Lessor The Borrower represent; d a' , r � .h:, ,I; n I.:7130 000i tv ,hs Agreement is a true and correct cOPy of the Le. se and ,h ,_ Lens.. Ras Lux e execAmid Sv the duty authorized representatives of he Borrower l coo is a vot r also represents a f warrants to toe Bans at 'MO o -nw rO, clam,setoff. f_ Or e, c L.anne other Moon .'n the ., _. 5 "" r;(.: c,any 5. Notice of Defaults Under the Lease;the Bank's Right to Cure. ,r I,„ny r Lass the es a all g o ' Ban, '.1"if i . to io to ' Lt a ❑ toe,'N' - ._ notice of tit! its c u „ sBoni, ::' IN' � . the Lesso- the xn , of eBan - i' JC: V ob roar .ns to Lessor c toe Fay - > ocis,,, Bonk soejects, rx rdil rightothe Lease so ! nn the : ar L r s a"y ,f c, : , iss a ,Sb ,y Bank,which she!! not n udo der< <:: V 'f .:h 3 the .such as.but _, �. ,� ,hv i .. . f,yr i / of the �J Cy.., 6. Bank's Rights Upon Foreclosure of the Deed of Trust t e r he' the cL ta II ion() the Sank. tovectrases singer the Dee 3 uSt, y (eyingw > I -_ . : , ss '' / i t TOTTJII be< W ated to,assume u : Of n rotaions L( r. a 1 s 5 or to _.. rrgfT'stlab-.Qd iK441-th �r r i d r tht L b - r Pay. th_ Lessor toe unpaid tr ,` x " ✓ ` 13 u i ,StaI e Borrower's ob::gat ns r r a ease The Lessor r shad rely, n . ttiter-wise viadt en nonce from the Bank that the Bank has assumed a oftoe ) u s and :, ` :tray, „on under without any r into „ otherBorrower u der the Lease Y the Borrower Is ;n default under the Oh: , ,_ 7. Borrower's Continued Liability; Indemnification of the Bank; Rights of Subrogation. f. ank's assumption of toe 3o r Or >()())le-tabor-is ri-Ia > tar !real J ' ti at t„.0) ,J): not 3orrcwer of _o„ iaet Lease -"t e Bar. soul! 4= set Inca `:eCT,O .1 r ' ousts one expenses s Iqa t;< t trc and h Bang rss o u rs a ,),[it,[![[[[ r n +a , tet Bar, u T 1 :c c s c rc x 1 „ate (I L'il ` dlon a r ' x„r s n ar• cn t. 3, >�: • ) _Jrq ; CurroseCr's ... 's ' Lease ,h Bank -cu,, s 'Y )`it v the shall thereupon J sub ati use Lessor's s eabinst thee Under no mr' r a✓.. c s. / circumstances a. ces shad the Bank be deemed r y any party ,., have assumed Borrower's richts and Oh Oat tans under the Lease W'Ies5 end until Written notice S I,dren th Lo- - Pa.set.ahhsoorS. ,:::or . ... 8. No Amendments to the Lease Jtno„t Ih ;am car ,t r, ,t !3. q Ir reeinei tion the L J, i n , have Lr ,r rights .e d• : .. . or 9. Lessor's Certification of No Defaults. CI the Car s _ t,b six-month P r .. .ith i air s be �9n e r or : ' ' i ' c 'on c r v.o FTSS hatC)n I I �>a even: > !default J d. r r constitutea event of default.e, iia , .inn or r ❑ rt L. c' r S h soak on p event rest specifying z nor' of existence thereof and what action to, Lessor is taking or proposes to Iasi* ..�_r . eto_ 10. Performance by the Borrower. Ten s s . Borrower CJv,-nJ 'Mot op (, o h per -c,and that so for C as e Deed of Trust Sn 'r, effect, �..� P r r : a!i ob yatiOns rte the Lease and that t sera :Toy T / L: tI 'Under.Su t _ p the Lessor cause t9 terminate. the Lease �. ose �.... 11 General. id; ` c, failure oi toe Barm. to avail sc • or any Period of S dll L n 5 r e,0 o be a vz i ✓ _ny s on O,'sere'auks. ore: ter:r; 6r T ;O' full rigs): and a,. h ity to f ree this Agreement,oarty , s u v The deem 0, The e Ba n u incur - - - .. �u; ,.� d Gar not r tlrr; / y, t .� ., . ,5 itima�„ in good r-fit" pLers" Ito :he cc of Trust or s q( ,a' s t r.' ,r o: invd d_ IC) '- Lessor any toe Borrower hereby xp s_si (d) Any cons _, r._. u fatior Co, Y Lu v , ," s.i: li ended f> h Lessor i Bo r snot! deemed, t :Is i .,s the CJ �O- e[� 'r`✓ s 3 C 'SS Y 1 on ;he o f � C. ';� t ,' notice us h_ n n u-:de, o ,h- r to :, r r s.,:e I (e This Agreement. !:b go _rte; / - / yr. / ; ad''e,-, ,Lois of o t t u .'. U „ . this Agreement tie w J iv. a r snail r11. IJ the LCSs - Borrower cum shell be U q um: , . s r ;is ' ;. assigns of h._ Lessor anp ;he BOrtosVer_ Ion The paragraph C A - out :or o, ,.u...-s of reference only ano sob!! n t or he wise affect the mniearstnc : -_ Tots A:trq _ in sev ( Co. S,each J W.'l1( shot! be de L.C.] Tin Q //no '• ( )- x:t _e and the sar,c instrument, .i1 a io Is Watt .e • U^s i J ATTACHMENT NO. 1 AGREEMENT REGARDING ENCUMBRANCE OF LEASEHOLD INTEREST THE COUNTY OF WELD, a Body Corporate and Politic of the State of Colorado BY: ��'" ✓vs .� \i' _ cqu ine JAhnson, Chairman oard of County Commissioners Weld County, Colorado ATTEST: f"� `a v✓'^^ G��C^^ """""""''i Weld County Clerk and Recorder and Clerk to the Board BY:- 6T9�rt 9� Pi / 2r' / *puty County C e� SEAL DATED January 20 , 1987 �,e9 SHADE, DOYLE, KLEIN, OTIS & FREY ATTORNEYS AT LAW SUITE 300 RICHARD N.MIX GREELEY NATIONAL BANK Pl a7A GREELEY TELEPHONE HEHR/O FREY GREELEY,COLORADO 80631 (303)353-6700 RD0ER A.KLEIN FRED ORS DENVER METRO TELEPHONE WILLIAM E.SHADE (303)659-7576 IJ� November 19, 1986 N0V 2 01985 1. Weld County Crnmissioners 915 10th Street Greeley, CO 80631 Re: Greeley-Weld County Airport Authority/Johnson & Johnson Lease Dear Ccnmissioners: Please find attached the following: 1. One copy of an "Agreement Regarding Encumbrance of Leasehold Interest" pertaining to a S100,000 loan of Johnson & Johnson Education Systems, Inc. 2. One copy of an "Agreement Regarding Encumbrance of Leasehold Interest" pertaining to a S386,507.59 loan of Johnson & Johnson Education Systems, Inc. 3. One copy of a "Deed of Trust" for Johnson & Johnson Education Systems, Inc., in the amount of $100,000. 4. One copy of a "Deed of Trust" for Johnson & Johnson Education Systems, Inc., in the amount of S386,507.59. 5. Copy of my letter dated September 8, 1986, to the Greeley- Weld County Airport Authority. 6_ Copy of my letter dated November 19, 1986, to the Mayor and City Council of the City of Greeley. As indicated in my letter to the Mayor and City Council, the six conies of the documents requested by Johnson & Johnson Education Systems, Inc., have been forwarded to the Mayor and City Council of the City of Greeley. I could appreciate your putting this matter on your next available agenda. Once the matter is approved by you and the City Council has ccutpleted their signing process, I will forward the six copies of each document to you for signature. 86112S Weld County Ccnmissioners November 19, 1986 Page 2 Please advise me if it will be necessary for re to attend your meeting when this matter is heard. Sincerely, Fred L. Otis Attorney at Law FLO:rah Enclosures cc: Fred Jaeger-Greeley/Weld County Airport cc: Owen W. Johnson-Cimarron Education Corp. cc: Teresa Bardwell-United Bank of Skyline SHADE, DOYLE, KLEIN, OTIS & FREY ATTORNEYS AT LAW sun 300 RICNAAD N.DOZE GREELEY NATIONAL BANK PIA2A GREELEY TELEPHONE HENRY C FREY GREELEY.COLORADO 80631 (303)353.6700 ROGER 4.K.m4 FRED E ons DENVER METRO TELEPHONE WILLIAM E.BHADE (303)659-7576 November 19, 1986 The Honorable Bob Markley City Council Members City of Greeley 919 7th Street Greeley, CO 80631 Re: Greeley-Weld County Airport Authority/Johnson & Johnson Lease Dear Mayor and Members of City Council: Please find attached the following: 1. Six copies of an "Agreement Regarding Encumbrance of Leasehold Interest" pertaining to a $100,000 loan of Johnson & Johnson Education Systems, Inc. 2. Six uvpies of an "Agreement Regarding En rnbrance of Leacehold Interest" pertaining to a5386,507.59 5386,507.59 loan of Johnson & Johnson Education Systems, Inc. 3. Six copies of a "Deed of Trust" for Johnson & Johnson Education Systems, Inc., in the amount of $100,000. 4. Six copies of a "Deed of Trust" for Johnson & Johnson Education Systems, Inc., in the amount of $386,507.59. 5. My letter dated September 8, 1986, to Fred Jaeger and the Greeley-Weld County Airport Authority. You should be advised that the Greeley-Weld County Airport Authority has approved items 1 through 4 above and recc nn≥nds approval by the City of Greeley and County of Weld. I could appreciate your having this matter on the next available City Council agenda and advising ne whether or not it will be necessary to appear on behalf of the Airport. Sincerely, Fr L. Otis Attorney at Law FIID:rah ?;--) cc: Fred Jaeger-Greeley/Weld County Airport --- cc: Owen W. Johnson-Cimarron Education Cora. cc: Teresa Bardwell-United Bank of Skyline Y SHADE, DOYLE, KLEIN, OTIS & FREY ATTORNEYS AT LAW c ws)H DOYLE SUITE 300 GREELEY TELEPHONE meow a-, GREELEY NATIONAL BANK PLAZA (303)353-6700 ROGER A KLEIN GREELEY. COLORADO 80631 FRED L OnS DENVER METRO TELEPHONE yLM E SHADE (303)659-7576 September 8, 1986 Mr. Fred Jaeger Greeley-Weld County Airport Authority P. O. Box 727 Greeley, OD 80632 Re: Johnson and Johnson Dear Fred: Please find attached the follaring: 1. Six copies of an "Agreement Regarding Encumbrance of Leasehold Interest" pertaining to a $100,000 loan of Johnson & Johnson Education Systems, Inc. 2. Six copies of an "Agreement Regarding Encumbrance of Leasehold Interest" pertaining to a $385,507.59 loan of Johnson & Johnson Education Systems, Inc. 3. Six copies of a "Deed of Trust" for Johnson & Johnson Education Systems, Inc., in the amount of $100,000. 4. Six copies of a "Deed of Trust" for Johnson & Johnson Education Systems, Inc., in the amount of $386,507.59. You will recall that we were required to accomplish a number of re- quirements for Transamerica Title Insurance Company so that United Bank of Skyline could get a valid Deed of Trust in the leasehold interest of Johnson & Johnson Education Systems, Inc. We aczut_lished those items. I thought the matter was fully completed until I received the above documents which, apparently, the United Bank of Skyline is now requiring. Naturally, because of the way title stands on the Johnson & Johnson property and, consequently, our lease is structured, both the City and County will have to sign off on both of the above Agreements Regarding Encumbrance of Leasehold Interest (1 and 2 above). The Airport Authority will, of course, have to approve those documents before the City and County will consider then. Principally, the Board should review on the reverse side of the Agreements regarding Encumbrance of Leasehold Interest, Paragraphs 3, 4, 5, 6, and 8. The Agreement regarding Encumbrance of Leasehold Interest is essentially a document which defines the Bank's rights in the Lease. . . 1 Mt. Fred Jaeger September 8, 1986 Page 2 After you have had an opportunity to review each of the above-numbered paragraphs, please contact me. After the Board approves these changes, ce will have to again circulate them to the City and County for signature. Do you want to do that or do you want me to handle it? Please advise. Sincerely, 9 Fred L. Otis Attorney at Law FLOtn h Enclosures �.;.� MEMORAfl®UM Wine To Mary Reiff December 19 ,%986 , Date COLORADO From Sandy Shiba, County Attorney' s Office subjectJohnson and Johnson Lease Today, pursuant to Tom David' s instructions, I left a message for Fred Otis indicating that we do not have the documents concerning the Johnson and Johnson Lease and further that the City may still have the documents. I also indicated that as soon as we receive these documents, we would forward them on to him. RESOLUTION RE: GRANT REQUEST OF NELSON ENGINEERS, ON BEHALF OF ST. VRAIN SANITATION DISTRICT, TO PRE-ADVERTISE USE BY SPECIAL REVIEW 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, Nelson Engineers, on behalf of St. Vrain Sanitation District, submitted a letter to the Board requesting that a Use by Special Review application be pre-advertised, and WHEREAS, a copy of said letter is attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it appropriate to grant said request to pre-advertise this matter, and WHEREAS, the Board deems it advisable that the hearing concerning this matter shall be on Wednesday, December 17, 1986 , at 2:00 p.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Nelson Engineers, on behalf of St. Vrain Sanitation District, to pre-advertise a Use by Special Review be, and hereby is, granted. BE IT FURTHER RESOLVED by the Board that the hearing concerning this matter be, and hereby is, set for 2: 00 p.m. , Wednesday, December 17 , 1986. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote en the 24th day of November, A.D. , 1986. -�- BOARD OF COUNTY COMMISSIONERS ATTEST:\111419- c t F. ! .4.'2wliry WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board ,cc`ue ne Jo son, Chairman EXCUSED DATE OF SIGNING -AYE G on E. Lacy, Pro-Tem puty County Cl akir APPROVED AS TO FORM: gene R. B ntner EXCUSED C.W. A' v County Attcrney n / /l i Frank Yamaguc 1 /� }�"aC� %.. _ 861128 NOV 2 i '98e EL N ENGINEERS _O. GREELEY NATIONAL PLAZA 822 7TH STREET GREELEY,COLORADO 80831 (3031356-6362 November 21, 1986 Clerk to the Board County Commissioners Weld Centennial Center 915 Tenth Street Greeley, Colorado 80631 Re: St. Vrain Sanitation District Site Application for Sewage Treatment and Use By Special Review Dear Madam: This is a request to set an early date for hearing before the Board of County Commissioners for the subject Site Application and Use By Special Review. This matter is scheduled for hearing before the Weld County Planning Commission on December 2, 1986. It is in the best interests of the St. Vrain Sanitation District to have an early hearing for the following reasons : 1. Review by the project plans and specifications will not be started by the Colorado Department of Health until after review by the Board of County of the Site Applica- tion and Use By Special Review. 2. The Colorado Department of Health requires a minimum of four weeks for its review. 3. The District cannot obtain its bond funding until all other agency approvals are in place. 4 . The land purchase option carries an additional $5,000 penalty if all approvals are not in place prior to January 1, 1987 . 5. The project will be advertised for bids as soon as all approvals are accomplished thus allowing completion of construction and use of the system at an earlier time. The Board of Directors of the St. Vrain Sanitation District respectfully request that the Board of County Commissioners set a 2 7, 1 !` 861128 Clerk to the Board County Commissioners November 21, 1986 Page Two date for hearing at the earliest possible time after the December 2, 1986 hearing before the County Planning Commission. Such a setting will expedite the completion of this project, which will solve a public health problem and benefit the citzens of the District specifically and the people of Weld County in general. Respectfully, Engineering Agent for the St. Vrain Sanitation District g LaVern C. Nelson, P.E. LCN/gc <sit ,<, mEm®RAnDUm To Board Date November 24 , 1986 COLORADO From_ Clerk to the Board sub":: Request to pre-advertise We have received a request from Nelson Engineers, on behalf of St. Vrain Sanitation District, to pre-advertise their request for a Use by Special Review. (Their site application will also be considered at the same time. ) If you wish to grant this request to pre-advertise, the hearing can be scheduled for Wednesday, December 17, at 2:00 p.m. Thanks, 0 (7714--et c-Gi RESOLUTION RE: REGULATING, WARNING AND GUIDING TRAFFIC DURING TEE TEMPORARY CLOSURE OF WELD COUNTY ROAD 15 BETWEEN STATE HIGHWAY 14 AND WELD COUNTY ROAD 84 FOR APPROXIMATELY TWO WORKING DAYS FOR REPAIRS TO DECK ON BRIDGE 15/82A 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 15 between State Highway 14 and Weld County Road 84 be temporarily closed, with said closure being effective November 24 , 1986, for approximately two working days, and further, that standard official traffic control devices shall be erected at said closure giving notice of the restrictions. 7 'l - 861125 Page 2 RE: TEMPORARY CLOSURE - NCR 15 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of November , A.D. , 1986. :e( 1 BOARD OF COUNTY COMMISSIONERS ATTEST Q WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board ergue 'ne Johbsbn, Chairman J / �B3L% C�y�yy v t ✓-�J EXCUSED puty County dterk Go on E. Lacy, Pro-Tem APPROVED A TO FORM: � (c/ Gene R. Brantner O O EXCUSED County Attorney C.W. Kirby i Fra Y a i 661125 •YJr- v` ' 1 4' NI r { '�%Ji.1 • / . B q, cnnc 5 -bi At- r + yusNfzs -- p aF2�,z��ry ,,r''''- %�"v='= ,�J4 64 Sc L' ` 41,r/� nl�C f F[a sN�.Z5 =ti.il . - DM.. GLOSS pa / rkG <GLSFG . :,. p TOOR f/ yr`-- _� f�itI"U ,mot i -_ — ; — • = S2797( Hwy. /y . • h • /1/-0/5k0 G4-OS£G 1/,.2y/8b ,-t € hFPkoy z ruc . .2 Li)02r/iv& DAyS A--oR igEr'46£ D£cx RCAfi:E -tea'"_ TITLE Ra9O CLoso,P£ cc/CQ 15. 47 wars Ney It{S Luce ?q SURVEY BY DATE DRAWN BY L F E DATE .-g-a"-/-286 ^:-z_ z:- CHECKED BY DATE - =- _ "� --``'1t> COUNTY ROAD Na /5- = 'v ..T. APPROVED BY COUNTY ENGINEER WELD COUNTY DEPARTMENT OF ENGINEERING •` i FORM 16 861125 t o MEMORAnDUM WineTo Clerk to the Board _ oa<z_ November 74. 1986 COLORADO From_ George Goodell , Director of Road and Bridge Den rtm_ert Kl sib;«,: Road Closure Weld County 15 between SH 14 and Weld County Road 84 was closed November 24, 1986 for approximately two working days for repair of thedeck on Bridge 15/82A. Weld County Dispatch, Sheriff's Office and School District were notified. 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Oa O 01 Co n n H p i ? } ! i)k '• T i O N et m 7 H 1I � e m d I. Z•r )2'?" f ,t 1 A C] p,^ w i.q 00 }y i s . `\t x ft ft µ ff Dr., '+ ' fzt a t� �J a o Pas- _ r P. H ` � r d�It q¢' 1 m �, F� A7 , -e Aso -4,.., m • G n m F-+ l sm• Pi ft GO m ��iiI VJk I CD Pt rt �> '5�� - m Oa N n ' q i `Y - i a. o Li ' :•. @ m HID -� .. !Oa al 0. ra cr 905 rt Cu V' F+ N IT DO h�/,--...-1 if N. `4 O. O. O GL �— v \ a AA� � si ,dal.'+ . t °�-• (� •\`s i - :`® •• - • '/ / ! � flat". r 7 i.�. Y \ °off?'tl fl�trRt ; ll7 %...„. r 3f` , ✓ E✓ htV \IL., ,u i ,-,..„. • r•� -.r• -",.-^1.'"' • =• _. • : ., .--f ----"". . -- _ '-' FE 1135 HA Doe,/ ORDINANCE NO. 77-B IN THE MATTER OF THE REPEAL AND RE-ENACTMENT WITH AMENDMENTS OF ORDINANCE NO. 77, AMBULANCE SERVICES RULES AND REGULATIONS BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, 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 the recently modified Colorado Emergency Medical Services Act Rules and pursuant to the recommendation of the Department of Health, the Board of County Commissioners of Weld County, Colorado, deems it advisable to amend the Ambulance Services Rules and Regulations Ordinance to include the role of the Emergency Medical Technician, Intermediate (EMT-I) , and to otherwise update the general wording to coincide with that of the current Emergency Medical Services Acts, C.R.S. , 1973, 25-3.5-101, et seq. , as amended, and WHEREAS, said Act requires that the Board of County Commissioners of each county adopt certain standards, requirements and procedures for providing emergency medical services within each county, and WHEREAS, said Act authorizes the Board of County Commissioners of each county to license and regulr.te ambulances, and ambulance services, and WHEREAS, the Board of County Commissioners of the County of Weld deems it in the best interest of the citizens of said County to adopt the following Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that Ordinance No. 77 previously enacted be, and hereby is, repealed and re-enacted with amendments as follows: Section 1 - Purpose 1.1 The purpose of these Rules and Regulations is to set forth the requirements for the planning and implementing of high quality emergency medical services to all citizens of Weld County. It is the intent of the Board cf County Commissioners that the emergency medical r. PAGE 2 RE: AMBULANCE SERVICES RULES AND REGULATIONS service in Weld County will consist of at least transportation, treatment, communications, training and documentation systems designed to prevent premature mortality and to reduce the morbidity that may arise from critical injuries, exposure to poisonous substances, and illnesses. . 1.2 - Delegation The Board of Weld County Commissioners designates and delegates to the Weld County Health Department the authority to manage the Ambulance Services Rules and Regulations. Under the direction of the Board , inspections, licenses , permits, applications, and other functions necessary to implement these Rules and Regulations shall be the responsibility of the Health Department. Section 2 - Definitions 2.1 The following definitions shall apply in the interpretation and enforcement of these Rules and Regulations: 2.1-1 "Ambulance" means any privately or publicly owned land vehicle especially constructed or modified and equipped, intended to be used and maintained or operated by an ambulance service for the transportation upon the streets and highways in this County, of individuals who are sick, injured, or otherwise incapacitated or helpless. 2. 1-2 "Ambulance Driver" means any person authorized to drive an ambulance, which is a land vehicle, in this County as provided in these Rules and Regulations. 2. 1-3 "Ambulance Service" means the furnishing, operating, conducting, maintaining, advertising, or otherwise engaging in or professing to be engaged in the transportation of patients by ambulance. Taken in context, it also means the person so engaged or professing to be engaged. The person so engaged and the vehicles used for the emergency transportation of persons injured at a mine are excluded from this definition when the personnel utilized in the operation of said vehicles are subject to the mandatory safety PAGE 3 RE: AMBULANCE SERVICES RULES AND REGULATIONS standards of the federal mine safety and health administration, or its successor agency. 2. 1-4 "Ambulance Service License" shall mean a nonexclusive authorization issued by the Board of County Commissioners to operate an ambulance service, publicly or privately within Weld County; the license shall issue only to Ambulance Services whose primary base of operation is located in Weld County. 2. 1-5 "Ambulance Vehicle Permit" shall mean the authorization issued by the Department with respect to an ambulance used or to be used to provide ambulance service in Weld County. 2. 1-6 "Applicant" shall mean that person who is an initial applicant or an applicant for renewal for an ambulance service license, or ambulance vehicle permit. 2.1-7 "Board" shall mean the Board of County Commissioners of Weld County. 2.1-E "County" shall mean Weld County, Colorado. 2. 1-9 "Current E.M.S. Act" shall mean the Emergency Medical Services Act, C.R.S. 1973, 25-3. 5-101 et seq. , as amended. 2.1-10 "Department" shall mean the Weld County Health Department. 2. 1-11 "Director" shall mean the Medical Director of Weld County Health Department. 2. 1-12 "Emergency" means any actual or self-perceived event which threatens life, limb, or well-being of an individual in such a manner that a need for immediate medical care is created. 2. 1-13 "Emergency Medical Technician (ENT) " means an individual who holds a valid Emergency Medical Technician certificate issued by the Colorado Department of Health. 2. 1-13a "Emergency Medical Technician-Basic (EMT-B) " means an individual who has been duly certified by the Emergency Medical Services Division of the Colorado Department of Health, and who is authorized to provide basic emergency medical care in accordance with the acts allowed by the PAGE 4 RE: AMBULANCE SERVICES RULES AND REGULATIONS Colorado State Board of Medical Examiners and the rules of the Colorado Board of Health. 2.1-13b "Emergency Medical Technician-Intermediate (EMT-I) " means an individual who has been duly certified by the - Emergency Medical Services Division of the Colorado Department of Health, and who is authorized to provide emergency medical care in accordance with the acts allowed by the Colorado State Board of Medical Examiners and the Colorado Board of Health. 2.1-13c "Paramedic" means an individual who has been duly certified by the Emergency Medical Services Division of the Colorado Department of Health and who is authorized to provide advanced emergency medical care in accordance with the acts allowed by the Colorado State Board of Medical Examiners and the rules of the Colorado Board of Health. 2. 1-13d "Emergency Medical Technician Certificate (EMT-B, EMT-I, Paramedic) " shall mean the certificate issued by the Colorado Department of Health as provided in the C.R.S. Emergency Medical Services Act. 2. 1-13e "First Responder" shall mean an individual who has successfully completed a course recognized by affidavit filed with the Emergency Medical Service Division of the Colorado Department of Health. 2.1-14 "Patient" means any individual who is sick, injured, or otherwise incapacitated or helpless. 2. 1-15 "Physician Advisor" means a physician (M.D. or D.O. ) licensed by the State of Colorado who establishes protocol for medical acts performed by emergency medical services personnel and who is specifically designated and responsible to assure the competency of the performance of those acts by such personnel within Weld County, in accordance with the applicable rules of the Coloraco State Board of Medical Examiners. 2. 1-16 "Rescue Unit" means any organized group chartered by this State as a corporation not for profit or otherwise existing as a non-profit organization whose purpose is the search for and the rescue of lost or injured persons and includes , but is not limited to, such groups as search and rescue, mountain rescue, ski patrols (either volunteer or professional) , law enforcement posses, PAGE 5 RE: AMBULANCE SERVICES PULES AND REGULATIONS civil defense units, or other organizations of governmental designation responsible for search and rescue. Section 3 - Requirements for Licensure of Ambulance Services and Ambulance Vehicle Permits 3. 1 After January 1, 1978 , no person shall provide ambulance service publicly or privately in Weld County unless that person holds a valid license to do so issued by the Department, except as provided in subsection 3.5 of this section. The fee for said license shall be set by separate Ordinance. 3. 2 In addition to the license required by Section 3 . 1 for an ambulance service, the Department shall issue a permit for each ambulance used. Said Ambulance Vehicle Permit shall be issued upon a finding that the applicant' s vehicle and equipment comply with the requirements of these Rules and Regulations and the current E.M. S. Act. The Ambulance vehicle permit fee shall he set by separate Ordinance. 3:3 The Ambulance Service License and Ambulance Vehicle Permit shall be valid for twelve (12) months from the date of issue. 3.4 Each ambulance service licensed in weld County shall have a physician advisor. 3. 5 The provisions of Section 3 shall not apply to the following: 3.5-1 The exceptional emergency use of a privately or publicly owned vehicle, including search and rescue unit vehicles, or aircraft not ordinarily used in the formal act of transporting patients. 3.5-2 A vehicle rendering services as an ambulance in case of a major catastrophe or emergency when ambulances with permits based in the localities of the catastrophe or emergency are insufficient to render the services required. 3.5-3 Ambulances based outside the State of Colorado or Weld County which are transporting a patient in Colorado. • PAGE 6 RE: AMBULANCE SERVICES RULES AND REGULATIONS 3.5-4 Vehicles used or designated for the scheduled transportation of convalescent patients, handicapped individuals, or persons who would not be expected to require skilled treatment or care while in the vehicle. 3.5-5 Vehicles used solely for the transportation of intoxicated persons or persons incapacitated by alcohol as defined in current C.R.S. , 25-1-302 as amended , but who are not otherwise disabled or seriously injured and who would not be expected to require skilled treatment or care while in the vehicle. 3. 6 Every applicant for an Ambulance Service License or an Ambulance Vehicle Permit shall complete and submit to the Department an application and supporting documents for approval. Said application for approval shall contain but not be limited to the following information: 3.6-1 The name, address and telephone number of the owner of the ambulance service. 3. 6-2 The name and address and current telephone number of the person who will be in charge of the operation of the ambulance service. 3. 6-3 The description of the ambulance (s) , including the make, model, year of manufacture, current Colorado state license number, motor vehicle chassis number, length of time the vehicle has been in service. 3. 6-4 The location and description of the place or places from which the ambulance service will operate. 3. 6-5 The name, address and telephone number of the required advisory physician to the ambulance service. 3. 6-6 The area to be served by the ambulance service. 3. 6-7 A list of all emergency personnel who may be called upon to respond to an emergency with the ambulance service. This list shall include the following information on each person: a) complete name, address, and date of birth. b) the highest level of certification, licensure or training attained. PAGE 7 RE: AMBULANCE SERVICES RULES AND REGULATIONS c) a copy of a current Colorado Department of Health EMT-B, EMT-I or Paramedic certificate; or an Advanced First Aid card from the American Red Cross; or a First Responder Course completion certificate; or a Cardiopulmonary Resuscitation. card issued by the American Heart Association or the American Red Cross. d) proof of a valid Colorado Driver' s License. e) a statement of criminal complaint or convictions including Class I and II traffic violations within the previous twelve (12) months. 3. 6-8 Proof of vehicle insurance, such as self-insurance certificate or card issued by the insurance company which provides the insurance. 3. 6-9 Such other information as the Department may require to make a fair determination. 3. 7 After receipt of an original application for an Ambulance Service License or an Ambulance Vehicle Permit, or a renewal thereof, the Department shall review the application and the applicant' s record and provide for an inspection of equipment and vehicle (s) to determine compliance with this ordinance. If a vehicle is replaced or an additional vehicle or vehicles are added to a service' s fleet, an application for a vehicle permit shall be filed with the Department within 30 days cf receipt of the new vehicle or vehicles. The completed application shall include a description of the vehicle (s) that were replaced. Upon receipt of a new vehicle permit application the Department will inspect and issue the new vehicle permit. 3.8 In addition to the inspection required at the time of application, the Department may also visit or contact all ambulance services at one other time during the year at which time an inspection may or may not be performed. The inspections of the ambulances and related equipment shall cover but not be limited to the following items: condition of the vehicle , safety and warning systems, Minimum Required Equipment for Colorado Ambulances (as per current E.M.S. Act, CRS, 25-3.5-101, et seq. ) ; Each service shall provide evidence of an adequate on going vehicle safety and maintenance program. This shall be a loci which shows the dates of the service and list of PAGE S RE: AMBULANCE SERVICES RULES AND REGULATIONS service (s) performed. The Department may modify this regulation or adopt additional requirements with the consent of the board. 3 .9 Each ambulance vehicle shall be equipped according to the current C.R.S. 42-4-212 as amended, and all other applicable State or County regulations. In addition each vehicle shall be equipped with seat belts , which shall be worn when the vehicle is in operation. 3. 10 All licenses and permits shall be renewed annually, shall expire on December 31 of the year issued , and shall not be renewed until the application has been approved by the Department. All applications for renewal of licenses and permits shall be made not later than sixty (60) days prier to the date of expiration. Each permit shall be issued only for the vehicle described in the application and no license or permit shall be transferable or assignable. Obtaining or attempting to obtain a license or permit by fraudulent means or misrepresentation shall be grounds for denial, suspension or revocation of the license or permit. The Department shall notify, by certified mail, return receipt requested, each licensee of the renewal requirements of this section, within ninety (90) days prior to the date of expiration. Section 4 - Requirements for the Operation of Ambulances 4. 1 Ambulance Crew Members - Training. No patient shall be transported in an ambulance within the county unless there is available in the patient compartment, a State-certified EMT-Basic or higher level trained person. This requirement is subject to waiver by the Board. The ambulance driver shall meet the requirements of 25-3.50-202 , C.R.S. , as amended. In unusual emergency conditions when no driver meeting these requirements is available, this requirement may be waived by the Board. A current First Responder Card is considered to be equivalent to the requirements for the ambulance driver requirements. 4 .2 Ambulance Crew Members - Criminal Record. Unless waived by the Board, no person shall be employed by an ambulance service as an ambulance crew member who has been convicted of a felony, misdemeanor, Class I, or PAGE 9 RE: AMBULANCE SERVICES RULES AND REGULATIONS Class II traffic offense within the previous twelve (12) months from the date of application. 4.3 Insurance - No ambulance shall operate in the County unless it is covered by a vehicular liability insurance - - policy as defined by section 10-4-703 (2) , C.P..S. , 1973, as amended. In addition, the ambulance service shall have professional and liability insurance with policy limits at least $300 ,000 per individual and $500 ,000 per occurrence. Certificates cf insurance shall be filed with the Department. Evidence of such insurance policy shall be submitted with the application for an Ambulance Service License. Section 5 - Qualifications of Emergency Medical Technicians 5. 1 No person shall practice as an Emergency Medical Technician for any Weld County based Ambulance Service unless that person holds a valid Emergency Medical Technician license from the State of Colorado. 5.2 Each Emergency Medical Service shall provide the Department with a list of its Emergency Medical Technicians as per section 3 .6-7 . 5.3 Within thirty (30) days after an Emergency Medical Technician' s (EMT) license expires, the Ambulance Service shall provide the Department with a written statement showing the EMT' s name, date the license was issued and date it expired, and the certificate number of the new State license. Failure to comply means the EMT is not certified to practice in any Weld Ccunty Emergency Medical Service. Section 6 - Suspension or Revocation of License or Permit; Ccnditional Permits 6. 1 Upon a determination by the Department that any service has violated or failed to comply with any provision of this ordinance or section of the current E.M.S . Act, which the County Commissioners or the Department has responsibility for administrating; the Department may temporarily suspend , for a period not to exceed thirty (30) days, any license or permit issued pursuant to this ordinance. The licensee shall receive written notice of such temporary suspension, and a hearing shall be held PAGE 10 RE: AMBULANCE SERVICES RULES AND REGULATIONS no later than ten (10) days after such temporary suspension. After such hearing, the Department may suspend any license or permit issued pursuant to this ordinance, or any portion of, or for the remainder of its life. At the end of such period, the person whose - license or permit was suspended may apply for a new license or permit as in the case of an original application. 6. 2 In any legal action filed against a person who has been issued a license in which it is alleged that the plaintiff's injury, illness, or incapacity was exacerbated or that he was otherwise injured by the negligence of the licensee, an act of negligence shall not be presumed based on the fact of the allegation. In the event a judgment is entered against any such licensee , he shall within thirty (30) days thereof file a copy of the findings of fact, conclusions of law and order in such case with the clerk and recorder of the county issuing the license. the Department shall take not of such judgment for purposes of investigation and appropriate action if a violation of these Rules and Regulations is present. Any and all complaints received directly by said Department shall be subject to review. 6.3 Any person who violates any provision of these Rules and Regulations commits a class 3 misdemeanor and shall be punished as provided in Section 18-1-106, CRS, 1973 , as amended. Section 7 - Documentation 7. 1 Each ambulance service shall prepare and transmit copies of uniform and standardized records concerning the transportation and treatment of patients as required by the department. Such records shall include all information determined to be essential by the Colorado Department of Health for maintenance of adequate minimum records on the patient's medical condition and medical care provided by the ambulance service and shall be preserved by the ambulance service for a period of at least three (3) years. Section 8 - Communications PAGE 11 RE: AMBULANCE SERVICES RULES AND REGULATIONS 8. 1 Each ambulance service shall be in compliance with the current E.M.S. Act. Section 9 - Effective Date Pursuant to Section 3-14 (6) of the Weld County Home Rule Charter, the Board of County Commissioners finds and hereby declares this Ordinance to be an Emergency Ordinance and that its immediate passage is necessary to the preservation and protection of the public health, property and safety, and that time is of the essence for the effective date of this ordinance. This Ordinance shall take effect upon passage by the Board of County Commissioners. Section 10 - Safety Clause The Board of County Commissioners of Weld County hereby finds, determines and declares that this Ordinance is necessary for the health, safety and welfare of the citizens of Weld County, Colorado. Section 11 - Severability Clause 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 this 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. BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado, that this Ordinance No. 77-B shall become effective January 6, 1987, after its final public notice, in accordance with Section 3-14 (2) of the Weld County Home Rule Charter. PAGE 12 RE: AMBULANCE SERVICES RULES AND REGULATIONS The above and foregoing Ordinance No. 77-B was, on notion duly made and seconded, adopted by the following vote on the day of , 1986 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Jacqueline Johnson, chairman By: Gorgon E. Lacy, Pro-Tem Deputy County Clerk Gene R. Brantner APPROVED AS TO FORM: C.W. Kirby County Attorney Frank Yamaguchi First Reading: November 26 , 1986 Published: December 4 , 1986, in the Johnstown Breeze Second Reading: December 15, 1986 Published: December 18, 1986 , in the Johnstown Breeze Final Reading: December 29, 1986 Published: January 1, 1987, in the Johnstown Breeze Effective: January 6, 1987 AFFIDAVITOF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO 1 SS COUNTY OF WELD I,Clyde Briggs, do solemnly swear that I am publisher of The Johnstown Breeze; • that the same is a weekly newspaper printed, in whole or in part, and published i in the County of Weld, State of Colorado, and has a general circulation therein; that • said newspaper has been published continuously and uninterruptedly in said County of Weld for a period of more than fifty-two consecutive weeks prior to the first publication of the annexed legal notice or advertisement; 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 weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the, laws of the State of Colorado. That the annexed legal notice or advertise- ment was published in the regular and entire issue of every number of said weekly newspaper for the period of _V. consecu- tive insertions: and that the first publication of said notice was in the issue of said newspaper dated 12- A.l). and that the last publication of said notice was in the issue of said newspaper dated , A.D. 19 In witness whereof I have hereunto set my hand this .../..G day of ..Dec , A.D. 3.9. 4.g K� / /c 6-5 / / S Publisher Subscribed and sworn to before rte, a Notary Public in and for the County of We 14,State of Colorado. this ... .( . day of r.. • r,s 1' 3197'Public 2 5cu:'h Par 6 Averue M3/ td sia` 'I tes 12 — Breeze, Dec. 4, 1986 Public Notices ORDIMANCS NO. 77-4 z1-5 "Ambulance Vehicle Act. The Ambulance vehicle Permit application the Depart- any provision of tics ordnance or Permit-shall mean the authorize- permit fee shall be set by ment win inspect and issue the wittier'Of"nirrent EMS.Act IN THE MATTER OF THE lion issued by the Department separate Ordinance. new vehicle permit. which the County Commissioners REPEAL AND RE-ENACTMENT with respect to an ambulance or the Department has response WITH AMENDMENTS OF ORD- used or to be used to provide 3.3 The Ambulance Service 3.8 In addition to the in- Mire for administrating; me De NANCE NO. 77, AMBULANCE ambulance service in Weld License and Ambulant° Vehicle spection required at me time of Pertinent may temporary Sus SERVICES RULES AND REGU- County, Permit shall CO valid for twelve CATIONS (12) months from the date of application.idn, the Department mayMete ��days, any nt�ioCeexceed e or 2.1-6 -Applicant" shall mean issue. gasp visit ce Contact all am0o- pgrmit Issued pursuant to PUS BE IT ORDAINED BY THE that person who is an initial dance she at cite other time BOARD OF COUNTY COMMIS- applicant or an applicant for 3.4 Each ambulance service during the year at which time an ordinance. The licensee shall SIONERS OF WELD COUNTY, renewal for an ambulance licensed in Weld County shall inspection may Or may not be receive written notice of such COLORADO: service license, or ambulance have a physician advisor. performed.The insrelated of me temporary suspension, and a vehicle perms ambulances and related equip hearing shall be held no Later WHEREAS, the Board of 3.5 provisions of 3 men! shwa Cover but not be then [en (10) daySsuspension.after SUCJI County Commissioners Of the 21-7 "Board' shall mean the shall The apply to the Section limited to the following items: temporary After such County of Weld.Colorado,purse- Board of County Commissioners following: condition of the vehicle, safely nearing the Department may ant to Colorado Statue and the of Weld County. 3.5.1 The exceptional emer- and warning systems, Minimum issued ss edend any license or period ordin- Weld County Home Rule Charter gency use of a privately or Required Sdutpclent for COF 's^c , pursuant to this is vested with the authority of 2.1.9 "County' shall mean Publicly owned vehicle, including orado Ambulances (as per Col- Mice, dr any itsrlii of.he for the administering the affairs of Weld current EMS. Act, remainder of its life.At on end of Weld County. Colorado. and notordinarily venues. cCRS e shall Such period the Person whose County. Colorado. and search aircraft rescueunit usee -m Pori et seq.): Each service shad 2.1.9'Current E.M.S.AM'shall the formal act of transporting Provide evdvehi of an adequate mayirve aose pl Permit was license r WHEREAS. Pursuant to the mean the Emergency Medical Patients on going vehicle safety and may permit as for a new license or recently modified Colorado y maintenance Program. This shall as in the case of an Emergency Services Act ORS.1973,2S3.5- 9ency Medical Services Act 101 et seq., as amended. 3.5.2 A vehicle rendering D9 a log which a ws en dates original aany legal Rules and pursuant to the services as an ambulance in o', the service and list of 6.2 in any legal action filetl recommendation of the Depart- 2.1-10 "Department- shall case of a maim catastrophe or service(s) performed The De', against a parson who has been meet of Health the Board of mean the Weld County Health emergency when ambulances partmeni may modify this regula• , ed a license in which it is County Commissioners of Weld Department. with Permits based in the locale- ton or adopt additional requite-efte alleged that the plaintiffs injury. County. Colorado. deems it ties of the catastrophe or emer- meets with the consent of the advisable to amend the Am- 2,1-11 'Director' shall mean Penny are insufficient to render board illness or .incapacity the iy was ex- other- advisable Services Rules and the Medical Director of Weld the services required acerbated or that he was negli' Regulations Ordinance to it County Health Department. 3.9 Each ambulance vehicle se injured by the negligence of dude the role of the Emergency 3.5-3 Ambulances based out- shall be aqua pp¢eOO according to me licensee. an act of rregli- • Medical Technician, Intermediate 2,1.-12"Emergency'means any side the State of Colorado or the current L. .5. 42-4-212 as fiance shall not be presumed a (EMT-l), and to the otherwise actual or self-Perceived event Weld County which are trans- amended. and all other applica- based Or, the fact of the aIIega- • uedate the general wording m which threatens life,limp.Orwell- porting a patient in Colorado. tele State or County regulations hen. In the event a judgment is "v COinciee with that of the current bails of an individual in such a in addition each vehicle shall be tens entered against any such !r Emergency Medical Services manner that a need for rmmedi- 3.5.4 Vehicles used or Cesi °Quipped with seat belts, which 30) dayse he shall a c thirty(the • AM& S- 1973, 25-3.5-101.et ate medical care is Created. hated for the soused a liens- Shall be worn when the vehicle is tlays thereof file a COPY of the findings wa of fact such case of seq_, as amended, and in Opera!Ion' law order in such case with 2.1-13 "Emergency Medical portation of convalescent pa. 3.10 All licenses andpermits !h¢ clerk and recorder of the WHEREAS. said Act requires Technician (EMT) means an Bents. handicapped individuals, hall county issuing the license. The that the Board of County Com- individual who holds a valid or persons who would not be shall be renewed annually, shall Department shall ;eke not of missioners of each county adopt Emergency Medical Technician exDetted to require skilled expire on December 31 of the Such judgment for purposes of to Certain standards. requirements Certificate issued by the Colo- treatment or care while in the year Issued, and snail not be action ga%,On and appropriate and procedures for providing. rado Department of Health. vehicle. renewed untie the application has - emergency medical services been approved he the Demo, action if a violation of these within each county. and 2.1-13a "Emergency Medical 3.5-5 Vehicles used solely for Tent. All applications for Rules and Regulations idDis (EM7-B)"meansthe transporation intoxicated renewal of licenses andper- Technician-Basic Dr¢sent. Any antl as complaints trans Oration of received directly by Said Depart- WHEREAS,said Act authorizes an indivitluai who has been duly persons or persons incapacitated mats shall be made not later meet shall be sub ect to review the Board of County Commis- certified by the Emergency by alcohol as defined in current than sixty (60) days prior to j stoners of each county to license Medical Services Division of the CRS,,25.1-302 as amended.but the date of expiration. Each 6.3 'Any person who vless es and and regulate ambulances. and Colorado Department of Health, who are not Otherwise disabled permit shall be issued only for ambulance services, and authorized - the veh4m desehee Cn the any provision of these Rules and and who is to provide or seriously mimed and who R u ations commits a el basic emergency medical care in would not be expected to require aep'ic tion and no ::cease or e9 a55 3 WHEREAS, the Board ofpermit shalt be transferable or -1.106, and sea!! be accordance with the acts allowed the skilled treatment or care while inpunished as provided in Section County Commissioners of the by the Colorado State Board of the vehicle. ass:gnabl¢.Obtaining or attempt. .8-1.106 CRS. 1973, as County or Weld deems it in the Medical Examiners and the rules trig to obtain a license or permit amended best interest of the citizens Of of the Colorado Board of Health. 3.6 Every applicant for an by fraudulent means or misrepr- said County to adopt the follow- Ambulance Service License or an denial. Shall be grounds for 2-1-139 "Emergency Medicaldenial. suspension or permit The Section 7 - Documentation atien Fq OrtlmanCe_ g y Ambulance Vehicle Permit shall of the license or permit. The Technician-Intermediate (EMT•p- complete and submit- to the '• Each ambulance service NOW, THEREFORE, BE IT means an individual who has Department an application and Department shall notify, by cent- seal!Prepare and transmit copies ORDAINED. by the Board of been duly _Certified by the suppoc_^q documents for heE mail, return receipt re- unaorm and thestandardized ;fans- 'cameo-County COmmtssioners Of Weld Emergency Medical Services aDerovai Said application for C'CFSTp! eQuirements'¢eo._the County.Colorado that Ordinance Division of the' Colorado Dre approval shall contain but not be renewal within emer s of this records concerning :he No. 77 previously enacted be, paRment of Health. and who is limited to the following anion section the ninety i90: days x::^a::p: an., ,re ; o! and hereby ,5. repealed and re- Guthorizetl to provide emergency oration: prior :o the date of expiration.. Par eerie as required by the _em,ne et Such records s`a:i enacted with amendments as medical care in accordance with .Include al: information de- follows: the acts allowed by the Colorado 3.6-1 The name, address and Section O- Requirements for State Board of Medical Exam,o- telephone number of the owner the Operation of Ambulances f rm:pad ;o ere eete.^:;a1 q ;to Section 1 - Purpose ers in the Colorado Board of of the ambulance service. minimColorumdo e ante the of Health. Health. 4.1 Ambulance Crew for maintenance of adequate 1.1 The purpose of these Rules 3.6.2 The name and address Members - Training. No medical a records onand medical edic l end The Regulations is to set forth 2.1-13c"Paramedic" means an and current telephone number of Patient shall be transporee in an carprovided r Condition bulanc i the requirements individual who has been duly ambulance within the county Care pro and snail Dy the eserve by fo. he planning e the person who w l:' be in charge - - service anC entl implementing of high quality certified by the' Emergency al the operation o! the ambu- unless t".err ,s d a.able !n the the amf at preserved service i'.0 a emergency medical services to Medical Services Division of the pa;!C-; Comp-Bas,ct, p State- _ all citizens of 'Weld County, it �s Colorado Department of Heath a"c' service.°P tee tied EMT-Basic or highe• period of at least three l31 years ,tfitigAbe Ow'� raw an ow ac's a41ijii 3!°,Ad litift i -e de ram r,Thpaim b la.ce ddr er 1 -�i�Panty medical service in wed Care in accordance with the acts ar,ake a m del, year of mane.. the Boar The ambulance dsvcr 3..t Each ambophee service County will consist of at least allowed by the Colorado State tacure. current Colorado state `^3'. meet the .a.. mans of ahail to in Comdiabce with :^e transportation: treatment, coin- Board of Medical Examiners and license number, motor vehicle 25-3.50-20Z CRS as amenOeC c,•.em- E l,.S ACL the rules of the Colorado Board - In enusl3 em-rgenCY conditions - tnumcd Ors, training and docti- chass' lumber. ens:" of e mentation systems designed t0 of Health the ven.Ge nit.; Preen ser:rte. .mH o d.ire' ee r •c:2 Section 9 - Effective Date . prevent premature morality and requirement G a0 tits 2.1'13d "Emergency Medica; reOlrem Cr.: may ere waived by e' to reduce the morbidity that may '.6th The location and eescny the re.men A aren consideredF ! Re- pu suant 'o secYOn ci e, or arise from Critical reuries. ex- TephmGdn Ce.,ilicat0 (EMT-B. n pf ine place O' places UpmBc me Wetl CNuaty Home, Pce DO-tLre t0 D cr icaU.su rtes. es EMT'I, Paramedic)" shall mean which the ambulance service wilt seo.n der Card& to be Charter. the Board of Ce:eay and ilinessea. the Ce RAicate issued by the operate '0' t'.e.^.t to the r¢ driver ntSre' declar ssioners finds and nereee Colorado Department of Health as Cu t^•e ambulance driver rP Emergency :'LS D-d,a.-se "^be ar 1,2 - Delegation erovided n he C.R.S.Emergency 3.6.5 The name address and C'Leemenis. Engrg vledical Se/ices Act, eeei 'x'6'.3 ry r/ ,d telephone number of the re- do :mm¢dd:a.- • :- ems The Board of -Weld Count - 4.2 Ambulance Crew Commissioners designates and 2.t-13e"Fist ResPondef'shall advisory physician to the Members - Criminal Record- say to the presentation and g ambulance service. yOtepNn o' ine public neaan, delegates to the Weld County "neap an individual who has person sss waived by the Board n property and setery. antl that Health Department the authority successfully completed a course 3.6-6 The area to be served by shall be employed by an effective i5 Of the no for the to manage the Ambulance 'eCOgmzed by afifidavit filed with the ambulance-service. ambulance service member as 3n ambit Oe date of thisli Ordinance, Services Rules and Regulations. he Emergency Medical Service lance crew who has This Ordinance shall take effect Under the direction of the Beard. )ivisior. of the Colorado Depart- been Convicted Of a felony, rmits vent of Health. 3.6-7 A tat of all emergency upon postage by the Board of inspections, licenses, ere personnel who may be Called misdemeanor,Class I.or Class It County COmmissgne:rs applications, and other functions upon to respond to an emery twely (12)offense within cite previous necessary to implement these 2.1'14 "Patient" means any en with the ambulance elve(t 2)months from the date Sept5on 10 - Safety Clain* Rules and Reputations shall be nrdlvldual who is sick,injured.Oe service This list shall include the c. aPPlicati0n. the responsibility of the Health Otherwise incapacitated or h¢l6 following information on each 7h0 Board of County Commis the res anL esa 4.3 Insurance-No ambulance O'Steen. shall operate in the County savers of Weld County hereby Section 2 - Definitions 2.1-15 'Physician Advisor" A) unless it is covered by a ^ads.thisd Ordinance and declaresnecessary means a Physician (M.D. Or 0.0.) complete name. address. vehicular liability insurance policy that health,safety rtCO is hate^^nary 2.1 The following de!initiona I:CenBitd by the State of and date 0 bins, .tor the and County, Colorado as 2),C,R by section tiled. of the citizens of Weld County, - shall apply in the Interpretation who establishes Protocol for b)the highest level of Cenifica- 703(2),CR.$„1973.as mbulan a CA;otaCd. medical acts performed by - tiCensure or training .n aEdnpn. the ambulance and enforcement of these Rules tits. - 1 and Regulations: emergency medcal services attained. service shall have 00,00 per personae!and who is specifically and liability insurance wit DOPcy -Section II Sersrability n CBuN 2.1-1 -Ambulance" means any designated and responsible tOlimits at least 5300.000 per c)a copy of a Current Colorado privately or publicly owned land assure the competency of the Department of Health EMT-B, occurrent and of Per If any section. Subsection, er- vehicle especially constructed or performance Of those acts by ewe or paramedic certificate:or ante ¢nc t' Certificates tled in the paragraph- sentence, Clause. or modified and equipped.Intended SUCK personnel within Weld an Advanced First Aid card from pep seal' COQ face with th¢ phrase of this Ordinance is for to be used and maintained or Gounty. In accordance with the the American Red Cross: Or a Department Evidence O. such operated by an applicable rules of the Colorado First Responder Course coin- insurance polity a shall be sub- operated • service for the ira mb ambulance atnc State Board of Medical Ex- pletiOn Certificate: Or a Cade- milted with the ice Licen for an any reason held or decided to be upon the Streets and highways in aminers pulmonary Resuscitation card Ambulance Service License- invali or not affect such this County, of individuals who issued by the American Heart decision shall not the - are sick, injured, Of otherwise 2.!-16 "Rescue Unit" means Association or the American Red Section 5 - Qualifications dicalTeal- of validity of the Couty portion. are ci[atetl helpless any organized group chartered Cross reMweence Medial Tectr. The Board of County Commis- _ Means this State as a Corporation not Mens sionem hereby declares that it 2.1-2 "Ambulance DriveP for profit or otherwise existing as tll proof of a valid Colorado would have passed this Ordin- medna any person authorized to a non-profit organization whose Drivers License. 5,1 No person Sna1l is Practice as ance and each and every section, drive an ambulance, which is a purpose is the search for and the an Emergency Medical achy clause. aseetiOn paragraph sentence, land vehicle. In this County as 'rescue of lost or injured persons e) a Statement of criminal for any Weld County cheese, and phrase thereof,hatan ine provided in these Rules and and includes.but is not limited to. complaint or convictions includ- based Ambulance Service unless spective of the fact that eny one Regulations such groups as search and into Class I end II traffic violations that person holds a valid or more sentences, es. clauses, rescue, mountain rescue, ski within the previous twelve (12) Emergency Medical Technician paragraphs. sentences, Causes patrols (either volunteer or pro- months license from the State of Colo- or phrases might be dettaretl to 2.1.3 'Ambulance Service fessional), law enforcement fade be unconstitutional and -.avalid. means the furnishing. operating. posses. civil defense units, or 36-6 Proof of vehicle I^sur- Conducting, maintaining- sever- other organizations of govern. once, such as sell-insurance 52 Each Emergency Medical BE IT FURTHER ORDAINED Did ` rising, or otherwise engaging in mental designation responsible certificate or card issued by the the Board of County Co Commis- or profe93inq to be engaged in .or search and rescue. insurance Company which pro- Service shall provide the De- Stones Of Weld County, Coke the transportation of patients by vides the insurance. °artmen! with a list of its rado,that this Ordinance No.77- ambulance. Taken in patients Section 3- Requirements ter B shall become effective 8180 means the person soEmergency Mn 3,6. Tecn.niciansJanuary Llansure of Ambulance 3e.6-9 Such other information as 6, ce. after its nd Public as per seC!io.^. 3.6.7. engaged or professing i g be Services and Ambulance notice.ipma Department Lfee d may require to C¢. :n accordance with engaged.The person so engaged gahical Permits make a 13i( determination. Section g-14(2) of the Weld and the vehicles used for the $a' Within thirty(30)OayS after County Home Rule Charter. emergency transportation of 3.1 After January 1, 1987. no 3.7 Alter receipt of an original an EmergSency Medical pert* persons injured at a mine are person shall provide ambulance application for an Ambulance n,c,ahs ula,7) license expires. The above and foregoing excluded from this definition Service publicly Or privately in Service License or an Ambulance the Ambulance Service shall Ordinance No 77,8 was.pa when a when the personnel utilized in Weld County unless that person Vehicle Permit, or a renewal provide the Department with motion dulymade and seconded, -` the operatIo el said vehicles are holds a valid license to do so thereof, the Department Shall written statement wowing the adopted by the following vote on subject IO the mandatory safety 'slued by cite Department, review cite application end the EMI's name, date the license me _ day of standards 0/ the federal mine except as provided in subsection applicanrecord ts and provide for and issued and date it expired.the 1986 safety and health administration. 3.5 of this Section, The tee teraand the certificate number of sad licensshall ve icle(s) lto of determine and re or its successor agency, a be set Dy vehicl9(s) to ordinance. tom- new State license. Failure to BOARD OF COUNTY Separate Ordinance. Comply means the EMT is not 2.1-4 'Ambulance Service - vehnce with this d or ano. If a COMMISSIONERS certified to d in any weld License" shall mean a non- vehicle is replaced or an e adds WELD-COUNTY, 32 In addition to the licenseCour.:y Emergency Medical by clonal vehicle or e'sflee areCOLORADO- - exduaive authorization fCountissued by required rvIe, 3.1 for en added to a service's Beet, an Service. the Beard of COun Commis- ambulance service. me Depart-- - _ y application for a vehicle permit - stoners to operate an ambulance mei" Shall lance a perm'' fw- shall CO filed with the Depart. Section 6 - Suspension or Jacqueline.Johnson, Service, publicly or privately each' ambulance used. Said mere within 30 days of receipt of Revocation of License or Chairman within Weld County, the licensO AmbulanceVehicle Permit snailiha new vehicle or vehicles The Permit Conditional permits shall Issue only to Ambulance be issued upon a finding that the completed application shalt - _ Services whose primary base of applicants. vehicle and equip- include a description of the Upon a determination by the Gordon E LaCy operation is located in Weld ment comply with the require- „therms) that were replaced, Department that any service has Pro-Tern County.County. ments of these Rules and Reju- Upo n receipt of a new vehicle violated or failed t0 comply with-- - - latlona and the current E.M.S. I MEMORAf1DUfn ��• Jackie Johnson, Chairman raB9_ardof County Commi5sjonets Dam November 25, 1936 COLORADO From Walter J. Speckman, Executive Director, Human Resources subject: Concept Paper/Expenditure Authorization for the Title II - A Industry Training State Initiative Funds. Enclosed for Board approval is a Concept Paper/Expenditure Authorization for the Title II - A Industry Training State Initiative Funds. The Weld County Industry Training Program will be initiated by the Weld County Service Delivery Area, which is the Employment Services of Weld County. This program will be funded by the above mentioned Title II - A funds, as well as, monies from Monfort of Colorado, Inc. and State Reimbursement for Welfare Diversion client partitcipants,which totals $70,000. There are two major purposes of this new program. First, the Weld County Customized Training is designed in response to employer's needs to develop training tailored to specific corporate hiring and training needs. Second, the program will attempt to place people from our target population (Welfare Diversion client participants) into permanent positions with Monfort of Colorado, Inc. The period of performance of this program will be from December 15, 1986 through December 14, 1987. If ycu have any questions, please call me. November 25, 1986 . MEMORANDUM TO: Clerk to the Board FR: Scott Ernest, Human Resources RE: Title II - A Industry Customized Training State Initiative Funds Attached for Board approval are seven (7) copies of a Concept Paper/Expenditure Authorization for the Title II - A Industry Training State Initiative Funds. Please return six (6) copies once they have been signed. If you have any questions, please call me. • 1�p0/1 2,61134 EXPENDITURE AUTHORIZATION SDA: Weld County Service Delivery Area 1516 Hospital Road P.O. Box 1805 Greeley, Colorado 80631 (303) 353-0540 Walter J. Speckman, Executive Director 1. Type of Funds: Program Year 1985 Title II-A 8% Industry Customized Training State Initiative Funds 2. Period of Performance December 15, 1986 through December 14, 1987 3. Project Title: Monfort of Colorado, Inc. , Greeley Packing Plant Industry Customized Training Project 4. Scope of Work: See attached Concept Paper. 5. Budget See attached Budget Information Summary. 6. Signatures This agreement has been reviewed and approved by the following, and wil be incorpoated as an expenditure authorization attachment to the GJTO/SDA master contract. This signature page, when completed authorizes the funding for the program identified herein by GJTO. Weld County Board of Commissioners Chairman Jacqueline Johnson Title Name Si ature Date Weld County Private Industry Council Chairman M.J. Geile /,j . /i- 2<-14,title Name Signature Date Governor's Job Training Office Title Name Signature Date Concept Paper I. Scope of Work: The Weld County Industry Customized Training Program will be initiated by the Weld County Service Delivery Area (SDA) , which is the Employment Services of Weld County (ESWC). There are two major purposes of this new program. First, the Weld County Customized Training is designed in response to employer's needs to develop training tailored to specific corporate hiring and training needs. Second, the program will attempt to place people from our target population into permanent positions with Monfort of Colorado, Inc. Monfort of Colorado Inc. , Greeley Packing Plant, located in Weld County, Colorado, has expressed interest in participating in the development of a customized training program. This program will benefit the employer and the SDA clients. Due to the nature of the work in the packing plant division, Monfort's has traditionally had a high rate of employee turnover and is seeking solutions to this problem. The Weld County program will present alternative methods of hiring and maintaining employees which will show positive results. A major component the Weld County program will instigate is a subsidized on-the-job training program for our targeted clients. This proposed method of hiring personnel lowers the risk by the company by allowing them to orient, train and review the employee candidate over a trial period before absorbing 100% of the costs for that employee. It is anticipated that company personnel will be used as instructors and counselors. The training will be conducted in company facilities. The design of this program will meet the needs of Monfort's by supplying a tailored training program at low cost. The Weld County target population is the welfare applicant and recipient. These individuals are diverted from welfare into the Welfare Diversion Program. Traditionally, the welfare population has been hard to serve in employment and training programs. The Industry Customized Training Program will provide an alternative in providing positive employment for this target group. Monfort of Colorado, Inc. pays a higher wage than the average wage in Weld County and has a good employee benefit package. This project will not only benefit the employer, but also the clients. The training component of this Industry Customized Training Project is designed to include 20 hours of classroom and hands on instruction for each candidate. This training will be provided through trained Monfort personnel or certified instructors. This training will introduce each candidate to the company by examining entry level positions, touring the facilities, explaining standards and requirements, giving demonstrations of work processes and then allowing the candidate a mock practice session, and will conclude by evaluating the candidate. Staff support will be provided by the employment technicians of the Welfare Diversion Program to this project to be responsible for the recruitment, intake, assessment, and on-going case management. II. Project Summary This concept paper is a combined effort and commitment for a public/private partnership in an Industry Customized Training Program that will serve JTPA-eligible participants. The partnership includes the Weld County SDA, The Governor's Job Training Office (GJTO) , Aims Community College, and Monfort's of Colorado, Inc. The categories and levels of commitment are presented in the following budget narritive. III. Budget The following is a narritive for each of the customized training" partnership members. It also is submitted as the written description for match requirements. A. Governor's Job Training Office GJTO herein commits to the following from their Title II-A 8% Industry Customized Training State Initiative funds: An amount of $28,945 will be used for training costs for the O.J.T. Program. B. Monfort of Colorado, Inc. Monfort of Colorado Inc. will provide instructors, training space, and will hire Welfare Diversion clients under the 0.J.T. program. C. Aims Community College Aims Community College will provide services for instructional administration. IV. Match Requirements For a written description of which parties are providing a dollar-for-dollar match, refer to the Budget. Match documentation will be maintained at the SDA's office and reported quarterly. V. Special Provisions For the purposes of recordkeeping and reporting, the Weld County SDA will comply with the Management Information System (MIS) requirements which include: A. The SDA will monitor the projects to ensure that Monfort's of Colorado, Inc. complies with EEO and considers all referrals equally without regard to sex, age, race, national original , etc. B. Determine, verify and document the eligibility of all participants required to be JTPA-eligible -- including income, citizenship, selective service registration and when appropriate C. Submit on a quarterly basis: 1. The Contract Quarterly Summary Report. 2. The names and social security number of participants by project name. 3. A statement of the location of eligiblity documentation. `� Contractor: Weld County Division of Title: JTPA Title IIA 8% Industry Human Resources Costumized training state Initiative Address: P.O. Box 1805 Contract dates: 12/15/86 - 06/30/87 Greeley, CO 80632 . BUDGET SUMMARY LINE ITEM I ADMIN I COORDINATION ' PARTICIPANT TRAINING TOTAL • T PERSONNEL 1,403 1 0 0 0 1,403 OPERATING EXPENSE .Participant • Training as I 0 0 0 20,268 20,268 noted in the Scope of Wor{ .Instructional Training 0 - 0 0 2,100 2,100 . Rent, Phone ❑ P. .Supolids, 697 0 0 0 697 ETC. i _ ICTERATING I I 1=:Y:NSF TOTAL 697 I 0 0 22,368 23,065 ! 0 0 ! 0 I 0 0 DER DIEM TE 0 I 0 I 0 0 0 i .:.A.VEL TOTAL 0 0 0 0 0 _% I 1 j X I 0 0 0 IT1T.AL BUDGET 2,100 1 0 I 0 22,368 1 24,468 i 9% I 0% 0% 91% 100% Contractor: Weld County Division of Title: JTPA Title IIA 8% Industry Human Resources Costumized—Training State "initiative Address: _ P.O. Box 1805 Contract dates: 07/01/87 - 12/14/87 Greeley, CO 80¢32 • BUDGET SUMMARY c. LINE ITEM I ADMIN I COORDINATION PARTICIPANT TRAINING TOTAL PERSONNEL 601 0 0 0 601 OPERATING EXPENSE .Participant Training as 1 _0 n 0 _ 8.686 _ 8,686 noted in the Scope of Work _ . Instructional Traininct 0 0 { 0 946 946 .Rent, Phone, — D.P., Supplied, 299 0 0 0 299 ETC. { { I — E.'.ATING _. c..". E' SE TOT i 299 0 0 9,632 9,931' 0 0 p 0 I 0 0 oER DIEM 1 I - 1 ::.STATE ATE 0 0 0 0 0 I 1 .-./E_ TOTAL 0 I 0 0 I 0 0 I 0 0 0 1 0 0 T.AL SUDSET 900 f 0 0 j 9,632 — I 10,532 d,_ , 9% 0% 0% 91% . LOO% MATCH BUDGET SUMMARY (for Title III and 8% funds) • (1) GJTO VAX 1 * Contract (2) SDA/Contractor: Weld County SDA/Monfort of Colorado (3) Address: P.O. Box 1805, Greeley, CO 80632 (4) Telephone: 353-0540 (5) Project Mame: Monfort of Colorado, Inc. - • Customized Training (6) Project start and end dates: 12/15/86 - 12/14/87 (7) Year and title of funds being matched: PY 86 8t industry Customi led (8) Total amount of award: S 35.000 • (2) Matching fund sources and amounts (A) State Reimbursement for Welfare $ 13,293 Diversion client participants (B) Useage of equipment, building space, S 3,707 phone, etc. on industry location (C) HRD personnel to coordinate, plan S 18,000 • (D) S TOTAL S 15,000 I certify that the -__ _ -nti c e= st -__s of match are e::ilable and can be used to corps Partnership :.c_ provisions for match. (10) Authorizec :nature *(This block to to _:rj'iete by the GJTO) WELD COUNTY, COLORADO aaGE 1 PAYROLL FUND CLAIMS V.O. WARRANT NO. P.O. NO. VENDOR AMOUNT 12575 59649 TOMAS VASQUEZ $317.78 TOTAL $317.78 STATE OF COLORADO COUNTY OF WELD Ss • • This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Pages 1 through and dated NOVEMBER 26 , 19 $6 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 317.78 , DATED THIS 26th DAY OF NOVEMBER ., , 19 86 . / WELD/T F ANCE F`7ICE SUBSCRIBED AND SWORN TO BEFORE ME THIS 26th DAY OF NOV,VE1.ER 1986 . MY COMMISSION EXPIRES:my ca-:r:_: , :,,;._s 8, 1990 I STATE OF COLORADO COUNTY OF WELD ss 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 i ordered drawn upon the PAYROLL FUND totaling $317.78. Ch irpe on ATTEST; Member a......„4.tL v . County C rk & Recorder Ji `, Member A By'Dep�uty '7{� 2..c . 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Z N 0 m p Ti Dn 0rr-u Ev AO AQ>Zn NM2 p D r ,m 2m 3 Z • • • • • • • • • • • • • • • • • • • • • • • It..-, * . \ / aWili•\f-m = w , » -. . \ z w : «. ~ . wz . : } . :vim d 2 t < a | ( - \ . wawa f ; C ^ J : 2 ! » . / ~ % ' t - § `� \ • I , { ® / \ : ; /! t . {\, » • ~ . • $ ax* «,,,,z .7 7: i $ I 0 •e t . ar 9 -& % t. Colorado County Departments of Social Services Vol . 1 , No. 6 a�.er' `rg8b:. 1 c_r it '_- 2 VOLUNTEER) IN SOCIAL SERVICES?? k NOV `4� 6-� by Pam Hinish, M.S.W., Volunteer coordinator, Jefferson County DSS ; �" • ��_ Close your eyes and imagine a vol- ity volunteer has the ttMe -tocspen3 unteer. What do you see' An old hours driving to the homes of the frail lady in tennis shoes? A socialite? and homebound to deliver cheese and The garden club variety? A busy body? butter. The service organization has These are the responses I got at a the money and expertise to stage a IOC workshop I did last winter for a, , special event on behalf of.our clients. state orgaanization considering-the - - -- - --What-we at Jefferson-County, Depart- :development of a volunteer program. ment of Social Services provide__our- The participants' stereotypes.of- volunteers-is the training, supervision, -volunteers certainly created a less- and structure for them to work within. 0 than-enthusiastic environment_for The time that we put into our volunteers -creating..a volunteer program! comes back to us in terms of increased Now instead, close. your: eyes and . client services. At a time of depleting imagine a group of dedicated, en- and competed=for--resources, our voTun- thusiastic, well-trained, sensitive, teers- are our greatest resource. They -skilled individuals who want to su7 are young-.and old- employed and at home; ILII pervise -visits between parents and ' nurses,--seci-al-workers;-engineers,-secre- chil.dr-en,_befrend elderly individuals taries, students, computer programmers, and help them with shopping organ=_ and'waitresses;. men and women. 'Ahat they ize and hold a.special- event, d.is-. , . - have-in-common—is their caring and their tribute commodities and-deliver-to belief in people and people's ability the homebound, assist you with your to change..,.Cur -Volunteer Program's logo paperwork, provide child .care 'for ! ______is "Believe in People"--and our volunteers I. your parents group, help clients do' profile of a Volunteer with transportation, provide_ foster parents with relief care, act as a Court visitor on guardianship BETTIE JOHNSON---married, two teen IIIfilings, serve as a role model to an boys, a real-tor for 10 years, manages abused child(or to an abusive par- rental properties, the Jefferson County ent) , participate on review teams, recipient of the�982--Voauntee---of-t-he and assistin probleto='solving__and . , year Award from the Colorado 0 `fice of program development. And to do so VolunteerismZ a volunteer for Jefferson at no pay!- FANTASY? No. _ .VOLUNTEERS! Jefferson County Department of County Department of Socia Se-vices Social-Services has. over 300 volun- for 5 years. teers providing a variety of services Bettie received recognition as a vol- to clients and staff--over 12,000 unteer of the year for her work as a hours of their time was donated in parent aide--encouraging, supporting, and 1985. These individuals supplement advocating for previously neglectful and what our paid staff do. They provide abusive parents who are struggling to what we employees cannot, due to change and assisting them in building 0 time and financial restraints and their sense of self-worth and dignity. to the nature of our jobs. Thus, She describes herself as "an optimist, the Parent Aide Volunteer can estab- even at times when perhaps it isn't wise." lish a supportive, trusting relation- Wouldn't it be great if all of our ship that an abusive parent can lean clients had that kind of positive support? on because that volunteer does not Bettie is now supervising five other (1) have the power of the child protec- parent aides in their work with clients tion caseworker, and is not making in the preventive unit. Besides the recommendations in court. The commod- weekly team meetings and supervision, . (continued on p. 6) CDdm1 II-2-t—Sk 2 Staying on Track in an Election Year by Karen Beye . It's election time again, which brings We don't need to be overly concerned about with it the inevitable and endless specu- the outcome of the election. Our priorities lation about WHAT IF--What if Ted Strick- should remain the same. We can continue in- land becomes governor? What if Roy Romer proving in those areas that remain constant. is elected? What if a new executive dir- Then, when the new administration takes over, ector is appointed? Will the departments we'll be on solid ground and prepared to make of Social Services and Labor and Employ- whatever adjustments are necessary. ment continue to be integrated or will they revert to being totally separate entities? While a certain amount of speculation Small Commitments Change Lives and rumors is to be expected, all the energy devoted to these activities is a Volunteers of America has a long history total waste of time and counterproductive. of success in its efforts to bring volunteers Besides casting our own votes, there's together with people in need. VOA has estab- not much we can do to influence the out- lished programs for abused and troubled teen- come of the election. Even if we could agers, the homeless, battered women and their influence the outcome, we still wouldn't children, and the elderly. Perhaps the most know how the departments will be adminis- well known program is Meals on Wheels, which tered. -provides hot, nutritious meals to the home- This is not the time to sit back with bound elderly who are unable to shop or to a wait-and-see attitude either. The fact cook for themselves. is, although a certain amount of change While VOA programs are concentrated in the is inevitable with the election of a new metro counties, the Area Agencies on Aging pro- governor, the majority of program areas vide similar services to older persons through- in the system won't change, no matter out the state. who is elected. The problems, the limit- ed financial resources, and the client You Can Help! groups remain the same--children in need of protection, AFDC clients, the disabled, All of us can offer some of our time, energy, the elderly. This is where our energies or money to join Volunteers of America and the need to be directed. At this point the Area Agencies on Aging in their efforts to im- question should not be "How is the new prove conditions for people in need and to en- governor going to impact the system?" but able them to achieve the highest possible level "How can we impact the system across the of independence. board, no matter who's in charge?" What can be done in the area of perma- *Volunteer to deliver meals to seniors. nency planning? What type of model could (VOA training is available and volunteers, be developed that will improve the foster working in pairs, deliver meals during the care program without additional funds? lunch hour Monday through Friday.) What administrative functions could be shared with other agencies and other county *Sponsor a senior. (A VOA donation of $60 departments? If we're going to expend will provide a senior with a hot meal every our energies thinking about change, let weekday ford month.) it be the kinds of change we can make to *Accompany seniors to the grocery store on impact clients in a positive way. There a bimonthly basis and assist them in selecting are countless things we can do to improve food items. the system, regardless of who's at the *Donate canned goods, money, or clothing_ helm. Spending time on "what ifs" and "if onlys" leads us nowhere. The best approach For further information, contact: is to have a proactive plan--for providing Outside Metro Area: Directors of Area Agencies the best possible services to our clients, on 1Cging making the best possible use of our re- sources, ensuring effective and open Metro Counties: Jim White, Director, Meals county-state communication, making wise, on Wheels, 294-0111; or Joan Miller, Nutrition long-range decisions. Program Specialist (294-5906) , or Bill Leu- thauser, Community Program Specialist (294- 5907) , both of Aging and Adult Services (COSS). 3 PREPARING THE 187 LEGISLATIVE AGENDA There's very little breathing room be- pay for them. Consequently, county funds have tween legislative sessions. As soon as been covering these costs. one round of Department bills has been of- --Establishment of a certification program for £ered to the legislature and passed or re- child protection workers, including mandatory jetted, it's time to gear up for the next education levels, training, and upgrading. session. On July 31, 1986, a workshop was held --Statutory clarification of responsibilities in order for the various divisions and of the departments of Social Services and In- offices of the Department of Social Ser- stitutions regarding care of the developmentally vices to present and discuss their recom- disabled, both children and adults. mendations for new bills and to prepare --A proposed bill mandating that courts order the Department's legislative agenda for medical care in foster care cases. the 1987 session. According to Andrea Laugher, of the --Proposed nursing home legislation includes: Office of Intergovernmental Affairs, gen- 1) eliminating the 2% retroactive charge to orally about 80% of the Department's bills counties for inappropriate placement of indiv- are passed. However, due to the Novem- iduals in nursing homes. This policy is now ber elections, Baugher expects that the considered unnecessary due to the effectiveness Department will introduce fewer bills to of the peer review organization which reviews the legislature. all nursing home placements; 2) creating a nurs- A number of counties submitted their ing home authority whereby revenue from all ideas to Operations, and these were in- state nursing homes would be pooled. cluded in the list of suggestions that were presented by Associate Director Karen Occasionally, the Department is able to Beye. Once all the recommendations were clarify existing laws without additional legis- presented at the workshop, participants lation. A case in point concerns the victim were asked to prioritize them. Because assessment bill passed last year. A number of of budget constraints and the effects of district attorneys had interpreted that bill the election, many proposals were set aside, as holding counties responsible for preparation some to be resubmitted for consideration of victim assessment statements. Through at a later date. Following are those orig- the efforts of the State Department, an agree- inating from the counties and from Opera- went was reached with the Colorado District tions that received considerable support Attorneys Council stipulating that counties from the workshop participants: are to serve as an information source only, and are not responsible for conducting interviews --An adult protection bill that would or writing the statements. This agreement was clearly define mentally ill, homeless, outlined in a recent county letter. and guardianship issues and responsibil- Subsequent issues of COUNTY FORUM will discuss ities and establish appropriations. An- those bills that will be included in the Depart- other group will offer this bill to the .rent's final legislative package. legislature, but CDSS supports the con- cept and will be providing data and testi- mony as long as an appropriation is forth- coming. Positions Available in Garfield County --Another calls for amending the eligibil- ity asset test for old age pensioners and Garfield County is accepting applications for Aid to Needy Disabled so that it is the the following positions: same as the federal asset test for SSI. Child Protection Social Caseworker IV or III --A proposed bill calling for either cash-funding of custody evaluations or Social Caseworker IV, Family Therapist (Male) total elimination of county responsibil- Qualified applicants looking to work in a strong ity for these evaluations. At present, courts can order counties to conduct cus- sexual abuse and family protection program can tody evaluations in divorce proceedings, obtain further information from Art Phemister, but often do not order that the families Garfield County DSS, 945-9191. 4 WHAT YOU SHOULD KNOW ABOUT AIDS by Rebecca Parker,Assistant Adams County Attorney The initial impact of AIDS (Acquired ed only by receipt of contaminated body fluids. Immune Deficiency Syndrome) in this country The HTLV—III virus is relatively fragile was both sudden and dramatic. The disease and can live for only a few days outside the itself was not identified until 1981; to human body; the virus is not hard to kill with date, more than 18,000 cases of AIDS have antiseptics. Some researchers believe that been reported in the United States, and the virus is not easily transmitted from person researchers estimate that one to two mil- to person and that therefore repeated exposures lion Americans may have been exposed to to the virus may be necessary for transmission the AIDS virus. This article discusses to occur. both the medical and the legal impacts It is important to emphasize that persons of the AIDS epidemic on public employees who test positive for the virus may or may not and agencies. develop AIDS; that individuals who test posi- AIDS is caused by a virus called HTLV- tive have no symptoms but can probably trans- III. This virus can attack the body's mit the virus; and that the virus is transmitted natural immune system and render it inef- by transfer of body fluids through sexual con- fective against a variety of "opportunis- tact or use of blood products and not by casual, tic" infections, those which assault everyday contact. individuals with damaged immune systems. . Most of the legal issues surrounding the Eventually these infections prove fatal. AIDS epidemic are still unresolved. These To date, no one has recovered after con- issues include whether testing for the AIDS tracting AIDS; the average life expec- virus should be mandatory or optional; whether tancy is about 18 months. persons with AIDS, ARC, or positive blood tests A series of blood tests has been devel- Should be treated differently; and whether test oped which can confirm that a person has results should be confidential. been exposed to the HTLV-III virus. How- For example, the U.S. Justice Department re- ever, although people who test positive cently decided that AIDSvictims are not pro- are considered to be able to transmit tected by the federal Vocational Rehabilitation the virus to others, these people are Act (which prohibits discrimination against normally free of any symptoms of disease. otherwise qualified handicapped individuals) . Everyone who contracts AIDS first goes However, Colorado and several other states through this asymptomatic, test-positive have been handling complaints of discrimination stage; but not everyone who tests positive by AIDS victims under state laws similar to the for the virus will contract AIDS. The federal act. To date, no federal or state percentage of test-positive people who appellate court has ruled on this question. will go on to develop AIDS is estimated There are many other unsettled issues. One variously at between 10 and 30 percent. major labor union has adopted a resolution oppos- Some test-positive individuals nay devel- ing screening of employees for exposure to the op ARC (AIDS Related Complex), a nonfatal AIDS virus, although some employers are re- condition characterized by an oral fungus quiring testing of at least some employees. infection called "thrush," or other in- School districts around the country have taken fections. Again, some ARC victims will differing positions on whether children suffer- contract AIDS, but many will not. ing from AIDS should be allowed to attend pub- The virus that causes AIDS is contagious-- lic schools. At least one state allows insur- but not highly so. All cases in which ance companies access to AIDS blood results the method of the transmission of the when insurance applications are made; other Virus can be documented fall into one of states bar insurers or employers from using two general categories: transmission AIDS test results. during intimate sexual contact, or by use Because there are no clear answers yet con- of infected blood products (blood trans- cerning issues like legality of testing, confi- fusions or exchange of blood products dentiality, and discrimination, public agencies through I.V. needles or from mother to and employees should consider the following child during pregnancy) . There is no course of action: known transmission by ingestion, inhala- 1. Recognize the need for education and meet tion, or any form of casual contact, it. Stay current on medical and legal develop- It appears that the virus may be contract- merits. (continued on page. 6) 5 New Curricula for Chid Protection Staff New Workers: The training curriculum and physicians from twelve judicial districts for entry-level child protection case work- gathered in Denver October 27-29 to be trained ers recently developed by the CDSS Office of as trainers. They in turn will train teams Staff Development (County Forum, Vol. 1, within their judicial districts utilizing the No. 3; June 1986) is completed. The materi- training manuals and audiovisuals developed als, packaged as trainer and trainee manuals, for this project. Their training will be con- are self-paced and self-instructional and ducted by Lynn Kaersvang, Dr. Hendrika Casa- provide a working knowledge of Program Area well, detectives Terry Marsh and Joan Scheer, V policies and procedures, the Children's and attorneys Don Bross and Ann Goldfarb. Ms. Code, and child protection casework practice. Kaersvang will provide follow-up technical as- The training format relies on the super- sistance to the training teams for the next visory relationship. Child protection super- six months. visors will utilize the material to teach Special thanks to a remarkable and hard-work- and assess basic competencies with new staff. ing curriculum advisory committee who met for Child protection supervisors throughout over a year: Bob Bing, Chuck Macchietto, the state will be oriented to the material Carolyn Frank, Joan Schroer, Molly Bernard, and trained to use them with new staff in a Bob Kean, and Ruth Wilder, and to the Colorado series of two-day workshops to be held during Department of Public Safety, Division of Crim- the fall and winter months. Larry Wright, ' inal'Justice, which funded the training and the primary author of the curriculum, will consultation phases of the project. be the trainer. A forthcoming county letter For further information, contact the Office will provide details about this training. of Staff Development, 294-2510. Special thanks to the counties whose staff reviewed and piloted this curriculum: Baca, Bent, Crowley, Cheyenne, Kit Carson, Kiowa, Lincoln, Provers, Otero, and El Paso. County Forum is published monthly by Intake Staff: Also completed is the train- The Bureau of Local Operations ing curriculum on Joint Investigations of Colorado Department of Social Services Child Abuse, written by Lynn Kaersvang of the 717 Seventeenth Street, 10th Floor CDSS Office of Staff Development. This train- PD. Box 181000 Denver, CO 80218-0899 ing program was first recommended by the Gov- 294-2512 ernor's Ad Hoc Committee on Child Abuse and Editor Susan Holte was developed through the joint efforts of CDSS and The Colorado Law Enforcement Training Academy (CLETA) . Teams of county department of social services child protection workers, law enforcement officers, district attorneys, RESPONSE FOAM Please take a moment to complete this form Your suggestions and written contributions will result in a newsletter that reflects your interests and concerns. Topics I would like to see covered in COUNTY FORUM:_ o I would like to contribute an article on ❑ I will send the article on (date) ❑ Please call me to discuss the article. ❑ Please Call me so I can provide background information/names of individuals to be interviewed for an article on Other comments: Name Title Phone No. Copy deadline - 25th of each month. Please return completed form to Susan Nolte, Editor, COUNTY FORUM at address on reverse. 5 - 4 Volunteers (continued from page 1) she coordinates their evening mothers' hensive AIDS policy for clients and employees. support group. Additionally, she assists Ed. note: Originally, AIDS was confined with special projects and fundraisers-- primarily to homosexual males and intravenous and this doesn't include her other volun- drug users, but recent studies have caused teer work in the community! increased concern about the spread of AIDS This may seem like a lot to you and me, among heterosexuals. The percentage of hetero- but it reflects only a part of a very ac- sexual AIDS victims remains low (estimated at tive and fulfilling life. Why the time and between one and four percent) but is increasing commitment to others? "Life has been good rapidly. In Colorado, 262 individuals have to me, and I think I should share my good been stricken with AIDS, resulting in 174 deaths. fortune." How fortunate we are in Jeffer- Since March 1985, all blood donated in the son County that she chose to share it with United States has been screened for antibodies us! to the AIDS virus. Dr. John Ward of the U.S. Centers for Disease Control in Atlanta states that since that time, only two instances of AIDS (continued from page 4) contaminated blood being undetected and trans- mitted have been reported. 2. Develop a policy for agency employees. Address confidentiality of test results/ prohibition or criteria for testing, how employees with AIDS, ARC, or positive blood WE'VE RECEIVED WORD FROM COUNTY STAFF tests will be handled, and make sure any policies are in line with the best medi- THAT THEY ARE NOT RECEIVING COPIES OF cal and legal information available. COUNTY FORUM. OUR LIMITED BUDGET DOES 3. Develop a policy for clients and NOT ALLOW US TO INCREASE DISTRIBUTION. employees who work directly with clients which addresses the same kinds of issues. PLEASE PASS ON YOUR COPIES TO OTHERS 4. Begin to look at resources for AIDS ONCE YOU'VE READ THEM. patients in areas that concern you, whether THANKS this involves placement of children, working with employers, or making aopropriate re- ferrals. The Center for Disease Control e%pects the number of reported AIDS cases to nearly double in the next year. Public agencies should begin now to form a fair, compre- Bureau of Local Operations Colorado Department of Social Services 717 Seventeenth Street 10th Floor P.O. Box 181000 Denver, CO 80218-0899 Weld County Board of Commissioners - - - P.O. BOX 758 Greeley, Co 80632 BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE PROMULGATION AND ESTABLISHMENT OF FIELD RULES TO ) CAUSE NO. 407 GOVERN OPERATIONS IN THE CODELL NIOBRARA SPACED AREA, WELD COUNTY, ) COLORADO ) (UIrl:r L„ t ook NOTICE OF RESCHEDULED HEARING ! NQV2 4 'Qg0U TO ALL INTERESTED PERSONS AND TO WHOM IT MAY CONCERN: C'RE:-Len �l CJ�J On December 20 , 1963, the Commission authorized Order No. 407-1 to be issued by which 80-acre drilling and spacing units were established for production of oil and gas from the Codell formation. Underlying certain lands in Adams, Boulder , Jefferson, Larimer and Weld Counties in Colorado. The units consist of the N 1/2 and S 1/2 or the E 1/2 and W 1/2 of a governmental quarter section with the option to drill an additional well on each 80-acre unit. By subsequent order , producticn from the Niobrara formation was included. The W 1/2 SW 1/4 Section 6, Township 4 North, Range 66 West, 6th P.M. has been designated a drilling and spacing unit. On October 3 , 1986, Conquest Oil Company, by its attorneys, filed with the Commission a verified application for an order pooling all interests in the Unit consisting of the W 1/2 sW 1/4 Section 6, Township 4 North, Range 66 West 6th P.M. for the development and operation of the unit for the production of oil and gas from the Codell and Niobrara formations underlying said unit in accordance with the provision of 34-60-116 C.R.S. as amended. Hearing in the matter was scheduled for November 17, 1986; however due to lack of proper Notice of Hearing , the matter has been, rescheduled to the December 1986 hearing date. NOTICE IS HEREBY GIVEN, that the Oil and Gas Conservation Commission of the State of Colorado, pursuant to the above, has re-scheduled the above-entitled matter for hearing on: DATE: Monday December 15, 1986 TIME: 9:00 a.m. PLACE: Room 110, State Centennial Building 1313 Sherman Street Denver, Colorado 80203 Pursuant to said hearing in the above-entitled matter ct 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 should file with the Commission a written protest no later than December 10, 1986, briefly stating the basis of the protest, and such interested party shall, at the same time, serve a copy of the protest to the person filing the application. IN THE NAME OF THE STATE OF COLROADO. OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO By ta-71.,-;79 L� /!/� k J. P Secretary Dated at Denver, Colorado November 18, 1986 M (Decision No. R86-1576-I ) BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE.OF COLORADO ";u I==: ' * * * IN THE MATTER OF THE APPLICATION ) j4 N0V241 OF COLORADO GAS TRANSMISSION ) L_ CORPORATION FOR A CERTIFICATE OF ) PUBLIC CONVENIENCE AND NECESSITY ) APPLICATION NO. 37811 AUTHORIZING THE CONSTRUCTION, ) OPERATION AND MAINTENANCE OF ) INTERIM ORDER OF APPROXIMATELY 22.5 MILES OF NATURAL) EXAMINER JOHN B. STUELPNAGEL GAS PIPELINE IN WELD COUNTY, ) COLORADO FOR THE PURPOSE OF ) TRANSPORTING NATURAL GAS WITHIN ) THE STATE OF COLORDO. ) November 21 , 1986 STATEMENT By Decision No. R86-1390-I, issued October 17, 1986, hearing in the above captioned matter was scheduled for December 15 and 16, 1986. On November 13, 1986, Applicant Colorado Interstate Gas Company filed its Motion to Vacate Hearing. Good grounds having. been given, the motion should be granted. An appropriate order will be granted. ORDER THE EXAMINER ORDERS THAT: 1 . Hearing in the above captioned matter scheduled for December 15 and 16, 1986, is vacated. ? Within. 30 days of the effective date of this order, Applicant Colorado Interstate Gas Company shall provide to the Commission available dates on the Commission calendar which are acceptable to all parties in this proceeding in order that the above matter may be rescheduled for later hearing. 6d m , 3. This Order shall be effective immediately. (SEAS rtssioyo� THE PUBLIC UTILITIES COMMISSION C r OF THE STATE OF COLORADO N.. t - ^IJOHN B. STUELPNAGEL Jie ti Examiner ATTEST! :; T COP? 1C c Aetu;:v. c^c'etary lc:2338d 2 4 G`%AP 8Etio '0 UNITED STATES y� 1 NUCLEAR REGULATORY COMMISSION 0 :_e m ; WASHINGTON,D.C.20555 yls�}xt* '.O' November 18, 1986 Docket No. 50-267 tm" - Mr. R. 0. Williams, Jr. • NO Vice President, Nuclear Operations V2 . ^. Public Service Company �9g� ;ij of Colorado Wiz. Post Office Box 840 Denver, Colorado 80201-0840 Dear Mr, Williams: SUBJECT: DRAFT FIRE PROTECTION SAFETY EVALUATION (SE) FOR FORT ST. VRAIN (FSV) We have completed our review of your submittals concerning fire protection at FSV. A detailed listing of these submittals is provided in our enclosed draft SE. These submittals discussed in detail your proposals for bringing FSV into compliance with 10 CFR Part 50, Appendix R. Specific guidance for FSV had been provided by the NRC in our letter of June 4, 1984. Your submittals also evaluated the fire protection features for Building 10 against the guidelines of Appendix A to Branch Technical Position APCSB 9.5-1. We have reviewed these evaluations. Previous evaluations concerning fire protection at FSV are given by License Amendments Nos. 14 and 21 (dated June 18, 1976 and June 6, 1979 respectively). The enclosure to this letter contains a final draft of our SE on your submittals. (A portion of this draft SE concerning emergency lighting has been previously sent to you by letter dated August 20, 1986.) We are providing this draft SE for your comments to assure that the basis for our approval of your design and requested exemptions is correct. Please provide your comments to us in writing within 60 days of the date of this letter. Please note that there are several items in this evaluation which will be closed out during on-site inspections. The NRC's inspection program is described in Section B of Generic Letter 86-10, dated April 24, 1986. This draft SE contains four open items, as summarized in Section 4.3. Please provide the additional information required to close these items when you provide your comments as requested above. Furthermore, in order for the staff to determine the status of the plant relative to compliance with 10 CFR Part 50, Appendix R, you are requested to provide a status report containing the following information: - Status of the related modifications and schedule for their completion, - Status of the revision of the fire protection procedures and operator training that support compliance with Appendix R, and Sd mT Mr. R. 0. Williams, Jr. - 2 - - Status of your compliance with Sections C, D, and F of Generic Letter 86-10. This information should be provided with the comments requested above. Note that at this time you must continue all interim compensatory measures as described in your letters of April 1 and July 11, 1985 (P-85113 and P-85245) , respectively. Relief from these measures will be granted when full compliance with 10 CFR Part 50, Appendix R, is achieved. We may request certification concerning your compliance with 10 CFR Part 50, Appendix R, at a later time. If you have any questions concerning this matter, please call Charles S. Hinson at (301) 492-7930 or me at (301) 492-8288. The information requested in this letter affects fewer than 10 respondents; therefore, OMB clearance is not required under P.L. 96-511. Sincerely, Kenneth L. Heitner, Project Manager Standardization and Special Projects Directorate Division of PWR Licensing-B Office of Nuclear Reactor Regulation • Enclosure: As stated cc w/enclosure: See next page • Mr. R. O. Williams Public Service Company of Colorado Fort St. Vrain cc: Mr. D. W. Warembourg, Manager Albert J. Hazle, Director Nuclear Engineering Division Radiation Control Division Public Service Company Department of Health of Colorado 4210 East 11th Avenue P. 0. Box 840 Denver, Colorado 80220 Denver, Colorado 80201 Mr. David Alberstein, 14/159A Mr. J. W. Gahm, Manager GA Technologies, Inc. Nuclear Production Division Post Office Box 85608 Public Service Company of Colorado San Diego, California 92138 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Mr. H. L. Brey, Manager Nuclear Licensing and Fuel Division Mr. L. W. Singleton, Manager Public Service Company of Colorado Quality Assurance Division P. 0. Box 840 Public Service Company of Colorado Denver, Colorado 80201 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Senior Resident Inspector U.S. Nuclear Regulatory Commission Mr. R. F. Walker P. O.Box 840 Public Service Company of Colorado Platteville, Colorado 80651 Post Office Box 840 Denver, Colorado 92138 Kelley, Stansfield & O'Donnell Public Service Company Building Commitment Control Program Room 900 Coordinator 550 15th Street Public Service Company of Colorado Denver, Colorado 80202 2420 W. 26th Ave. Suite 100-0 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 • C`tPL REQQ J �r ,°9� UNITED STATES M g I o NUCLEAR REGULATORY COMMISSION a 3 )WASHINGTON,O.C.20555 o o IC rzi A FIT hit SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATING TO THE PROPOSED SAFE SHUTDOWN SYSTEM AND EXEMPTION REQUESTS CONCERNING 10 CFR PART 50, APPENDIX R FORT ST. VRAIN NUCLEAR GENERATING STATION PUBLIC SERVICE COMPANY OF COLORADO DOCKET NO. 50-267 1.0 INTRODUCTION This Safety Evaluation addresses the compliance of the Fort St. Vrain Nuclear Generating Station (FSV) with 10 CFR Part 50, Appendix R, concerning fire protection programs for nuclear power facilities. This evaluation discusses both the proposed safe shutdown systems and the exemptions requested. 1.1 Safe Shutdown Systems A review of the safe shutdown systems, proposed by Public Service Company of Colorado (PSC) for FSV fire protection considerations, was undertaken by Region IV personnel, in accordance with TIA 83-105, in October 1985. The initial review of the PSC proposal (Reference 1) resulted in a number of questions which were transmitted to PSC by NRC letter dated . _. November 1, 1985 (Reference 3) . PSC responded to these questions in their December 20, 1985 letter (Reference 4) which deferred the submittal of an analysis to justify the effectiveness of the proposed forced circulation cooldown models and the submittal of the fire protection program, until the fourth quarter of 1986. Review of the December 20, 1985 response resulted in a number of followup and clarification questions which were discussed during a telephone conference on February 26, 1986, and documented in PSC letters dated March 14 and April 4, 1986 (References 5 and 6 respectively). 1.2 Exemption Requests By letter dated April 1, 1985 (Reference 1), the licensee submitted Appendix R Re-evaluation Report No. 4, which contained exemption requests and proposed fire protection and systems-related modifications. Eleven exemptions from the technical requirements of Section III.G and one exemption from Section III.J. of Appendix R to 10 CFR 50 were requested. By letter dated May 31, 1985 (Reference 2), the licensee submitted Report No. 5, "A Comparison and Evaluation of Fort St. Vrain Building No. 10 to BTP 9.5-1, Appendix A." - 2 - Section III.6.2 of Appendix R requires that one train of cables and equipment necessary to achieve and maintain safe shutdown be maintained free of fire damage by one of the following means: a. Separation of cables and equipment and associated non-safety circuits of redundant trains by a fire barrier having a 3-hour rating. Structural steel forming a part of or supporting such fire barriers shall be protected to provide fire resistance equivalent to that required of the barrier; b. Separation of cables and equipment and associated non-safety circuits of redundant trains by a horizontal distance of more than 20 feet with no intervening combustibles or fire hazards. In addition, fire detectors and an automatic fire suppression system shall be installed in the fire area; and c. -Enclosure of cables and equipment and associated non-safety circuits of one redundant train in a fire barrier having a I-hour rating. In addition, fire detectors and an automatic fire suppression system shall be installed in the fire area. If these conditions are not met, Section III.6.3 requires an alternative shutdown capability independent of the fire area of concern. It also requires that a fixed suppression system be installed in the fire area of concern if it contains a large concentration of cables or other combustibles. These alternative requirements are "not deemed to be equivalent; however, they provide equivalent protection for those configurations in which they are accepted. Because it is not possible to predict the specific conditions under which fires may occur and propagate, the design basis protective features are specified in the rule rather than the design basis fire. Plant specific features may require protection different than the measures specified in Section III.G. In such a case, the licensee must demonstrate, by means of a detailed fire hazards analysis, that existing protection or existing protection in conjunction with proposed modifications will provide a level of safety equivalent to the technical requirements of Section III.G of Appendix R. In summary, Section III.G is related to fire protection features for ensuring that systems and associated circuits used to achieve and maintain safe shutdown are free of fire damage. Fire protection configurations must either meet the specific requirements of Section III.G or an alternative fire protection configuration must be justified by a fire hazard analysis. Our general criteria for accepting an alternative fire protection configuration are the following: - 3 - o The alternative assures that one train of equipment necessary to achieve hot shutdown from either the control room or emergency control stations is free of fire damage. o The alternative assures that fire damage to at least one train of equipment necessary to achieve cold shutdown is limited such that it can be repaired within a reasonable time (minor repairs with components stored on-site) . o Modifications required to meet Section III.G would not enhance fire protection safety above that provided by either existing or proposed alternatives. o Modifications required to meet Section III.G would be detrimental to overall facility safety. 2.0 Evaluation 2.1 Safe Shutdown Systems The evaluation of the safe shutdown system models was based on the Appendix R Fire Protection Regulatory Guidance contained in PSC's August 17, 1984 letter. This letter is included as Appendix A to Report No. 1 (see Reference la) and reflects the guidance provided by the NRC staff for fires in congested cable areas and noncongested cable areas. • It was noted (see Figures 4.4 through 4.18 of Reference lc) that some electrical cables for Train A and Train B components are located in close proximity in the same fire area(s). The licensee is rerouting some of these cables to improve separation, and it is expected that the adequacy of electrical separation will be verified during NRC inspections, after modifications are complete. 2.1.1 Congested Cable Areas The criteria delineated in the regulatory guidance for fires in congested cable areas was based on the use of the Alternate Cooling Method (ACM) . (The congested cable areas are defined as the Control Room, 480 Volt Switchgear Room, the Auxiliary Electric Room, and the congested cable area along the "G" and "J" walls.) The ACM is an independent, diesel-driven, 2500 KW electrical generator with an associated distribution system that is used to provide power to selected plant components through manual transfer switches. The ACM can be placed in operation in approximately 2 hours and provides a source of Prestressed Concrete Reactor Vessel (PCRV) Liner Cooling .water (Low) . The procedure used to place the ACM in operation (SOP 48-01) is included as Appendix B to Reference la. • - 4 - The NRC approval of the ACM is contained in the Safety Evaluations attached to License Amendments 14, 18, and 21 (References 7, 8, and 9) . Since the licensee states (see References 4 and 5; Item 6.b) that "the design, loads and intent of the ACM has not been modified sicnificantly since its use was approved," no additional review or approval was required. 2.1.2 Noncongested Cable Areas The criteria delineated in the regulatory guidance for fires in noncongested cable areas were based on the requirements contained in Section III.L. of Appendix R to 10 CFR Part 50. The limiting consequences require that, "For any single fire in a non-congested cable area, means shall be available to shut down and cool down the reactor in a manner such that no fuel damage occurs (i.e. maximum fuel particle temperature does not exceed 2900 degrees F). There shall be no simultaneous rupture of both a primary coolant boundary and the associated secondary containment boundary such that no unmonitored radiological releases of primary coolant occur." The means proposed by PSC in Reference la, to shut down and cool down the reactor, consist of two trains (A and B) of Safe Shutdown Systems which provide for reactivity control , PCRV integrity, and decay heat removal . 2.1.2.1 Reactivity Control Reactor shutdown is accomplished by insertion of the 37 control rod pairs via a manually or automatically initiated reactor scram. A scram is accomplished by interrupting the power supply to the Control Rod Drive Mechanisms (CRDM) and their associated holding brakes which allows the control rods to fall by gravity into the core. Two Wide Range Nuclear Instruments (one per Train) are utilized to monitor the core reactivity. In addition, the FSV design includes a Reserve Shutdown System which can be manually actuated to insert separate neutron absorbing material into the core for reactivity control . Since, (1) there is a high degree of assurance that sufficient neutron absorbing material can be inserted to make the reactor subcritical , (2) there will be little effect on core reactivity except for temperature changes, and (3) there are adequate provisions for monitoring the core reactivity, we find the reactivity control provisions to be acceptable. 2.1.2.2 PCRV Integrity The shutdown models made the assumption that the integrity of the PCRV would be assured by maintaining the decay heat removal function. PSC subsequently provided (in Reference 4) the results of a study which found that "the absence of liner cooling had no significant effect on maximum fuel or orifice valve temperatures." - 5 - in addition to maintaining the structural integrity of the PCRV, the integrity of the various PCRV penetrations must also be maintained to control the primary coolant inventory. The majority of the penetrations are through the top head of the PCRV. These consist of 37 CRDM and purification system penetrations. Steam generator and helium circula- tor penetrations are located in the bottom head and the safety valves and instruments penetrate the sidewalls. All penetrations have a double closure design and are relatively unaffected by fires from a loss of integrity viewpoint. A summary of the PSC evaluations is contained in Reference la, Section 2.1. Based on the results of the above study and the ability to provide liner cooling water via the ACM as discussed in Section 2.1, we find the PCRV integrity provisions to be acceptable. 2.1.2.3 Decay Heat Removal (DHR) The shutdown model for DHR proposed in Reference la consists of two trains of components which provide for core heat removal , primary coolant inventory control , process monitoring, and secondary heat removal . . a. Core Heat Removal The core heat removal model contains the following flow paths: Train A - Condensate Pump 1C provides condensate flow from the DHR • Exchanger through a steam generator and a helium circulator and back through the DHR Exchanger. Train B - The diesel driven fire water pump provides flow from the main cooling tower through a steam generator and a helium circulator and back to the main cooling tower via the condensate tank and service water return sump. These flow paths are shown schematically in Figures 2.1-8 and 2.1-9 in Reference la; copies of which are included in this evaluation as Attachments 1 and 2. A discussion of various aspects of these flow paths is contained in the following paragraphs. 1) The electrical power supplies utilized are the ACM diesel generator (DG) for Train A components and Emergency Diesel Generator (EDG) set B for Train B components. The use of the ACM DG was necessitated by the lack of sufficient separation between the A and B EDG electrical cables. The proposed ACM DG electrical flow path runs from the 4160 volt ACM bus to the HVAC switchgear bus, to its feeder supply at the Reserve Auxiliary Transformer, through the feeder to the 4160 volt switchgear Bus 2 where it can be cross-connected to either Bus 1 or 3. The 4160 volt busses provide power to their associated, essential , 480 volt busses (1, 2, and 3) . The - 6 - EDGs provide power directly to the associated 480 volt essential bus; EDG A to Bus 1, EDG B to Bus 3. (These flow paths can be seen on Figure 8.2-5 of the FSV FSAR.) The proposed means to provide electrical power are acceptable. The adequacy of procedures, testing and training will be verified during routine inspection activities. 2) The effectiveness of the flow paths through the steam generators in the proposed models was questioned in Reference 3; the requested analysis has not, as yet, been completed. However, based on a review of the available information, the conceptual designs of the flow paths are acceptable provided: (a) the above analysis verifies the effectiveness of the flow path, and (b) sufficient makeup water capability is demonstrated. As stated in Reference 12, analyses are exploring various flow path options. 3) The design of both Train A and B includes the use of the DHR Exchanger to transfer the heat removed from the primary coolant in the steam generator to the service water system. A discussion of the service water system is contained in a subsequent subparagraph (d) on secondary heat removal . 4) Both shutdown cooling trains provide for the operation of one Helium Circulator to transport the heat in the reactor core to the steam generators; Train A utilizes condensate flow directly, Train B utilizes fire water through the water booster pump to drive the circulator's water turbine. A review of FSAR Section 14.4.2.1, indicates that "One helium circulator can provide nearly 4.5% of rated flow through the reactor core when operated by itself with condensate water supplied to this water-turbine drive." Based on this information, the primary flow requirement can be met. The water used to drive the water turbine of the circulators discharges into the Turbine Water Drain Tank where it is removed by one of two Turbine Water Removal Pumps. The tank is common to both trains and the pumps are located approximately 5 feet apart, therefore, adequate separation is not maintained. However, the licensee has proposed to compensate for potential fire damage to both pumps by implementing a repair procedure using a portable turbine water removal pump and casualty cable. The adequacy of this procedure will be verified during future staff inspections. A review of the ability to operate the circulators with the proposed auxiliary equipment (see Attachment 3 for flow _ 7 _ diagram) disclosed provisions for providing bearing water but not for providing a source of the buffer helium for shaft sealing. The PSC response (Reference 4, Item 8) addressing the acceptability of operating a circulator without buffer helium indicates that tests which were conducted showed that there would be little effect on either helium egress or water ingress. Therefore, the bearing water system is adequate. The makeup source to the bearing water system is from the condensate tanks via the Emergency Bearing Water Makeup Pump for Train A and the normal Bearing Water Makeup Pump for Train B, both of which can be cross connected. While the makeup systems appear to be acceptable, the power supply cables lack the required separation. The licensee proposed modifications which will result in greater physical separation of the cables. These modifications have been reviewed and found acceptable as discussed in our evaluation of the exemption request for the Reactor Building (See Section 2.9). b. Primary Coolant Inventory Control Primary coolant inventory is controlled by maintaining PCRV integrity. A discussion of PCRV integrity is contained in Section 2.1.2.2, above. c. Process Monitoring = The process monitoring function is required to confirm PCRV integrity, core heat removal and secondary heat removal . 1) PCRV Integrity Monitoring PCRV integrity can be monitored by the use of primary coolant pressure and temperature indications, if available. PSC has, however, requested an exemption from monitoring PCRV integrity in their request for exemption from the requirements contained in Section III.8.2. of Appendix R for the reactor building. The basis for this exemption request is adequate. 2) Core Heat Removal and Secondary Heat Removal Monitoring Core heat removal monitoring is proposed to be accomplished by monitoring primary coolant flow in conjunction with secondary heat removal monitoring (i .e. , steam generator flow and exit temperature) . Coolant flow is detected by monitoring the differential pressure across the circulator; the secondary heat removal is detected by monitoring - 8 - feedwater flow'and steam generator exit temperature. When questioned on the adequacy of this design, PSC responded (Reference 4, Item 15) that if primary flow could be confirmed, heat would be transferred to the helium as it passed through the core, and that monitoring steam generator • flow and temperature would verify decay heat removal . It should be noted that the feedwater flow instruments have a range of 0-400,000 lbs./hr. and the condensate flow available would be less that 1% of the range; this would make accurate flow measurement difficult. To adequately monitor heat removal , it may be necessary to monitor a temperature differential (i.e. , inlet and outlet temperatures) rather than the proposal to only monitor the steam generator exit for constant or decreasing temperature. In addition, the circulator flow instruments lack the required separation and are included in the reactor building exemption request. The adequacy of the proposed instrumentation has been addressed in the exemption request evaluation (see Section 2.9). d. Secondary Heat Removal As discussed above, secondary heat removal is accomplished through the use of the DHR Exchanger where the decay heat, which was transferred to the feedwater in the steam generators, is transferred to the service water system. The service water models are shown schematically in Figures 2.1-11A and 2.1-116 of Reference la. These figures are included as Attachments 4 and 5. 1) The Train A service water (SW) system utilizes a SW pump to provide flow from the SW cooling tower through the SW strainer to the various system cooled components or "loads." The return path from these loads is back to the SW cooling tower where one of the SW cooling tower fans is operated to reject the heat to the atmosphere. Makeup flow to the SW cooling tower is provided from the settling ponds by a circulating water makeup pump. The SW pump, the tower fan and the makeup pump can all be powered from the ACM DG. 2) The Train B SW system utilizes a circulating water pump to provide flow from the Main Cooling Tower to the SW system, through the various loads, and back to the tower. The licensee's evaluation of the need for operating a Main Cooling Tower Fan is contained in Reference 4, Item 5. This evaluation concludes that if cooling assistance is desired, either (a) makeup may be added or (b) a fan may be operated. A. - 9 - 3) PSC provided a discussion of single failure considerations for components common to both proposed trains of SW in Reference 4, Item 1. In particular, the SW strainer and the flow control valves to the various loads were addressed. Since these components are water-filled mechanisms which can be manually operated, their use was determined to be acceptable. 2.1.3 Implementation of Safe Shutdown Models The ability to physically implement the required flow paths for the safe shutdown trains discussed in the preceding section was also evaluated. This evaluation considered whether the flow paths were physically practical and if the flow paths could be established within the required time period. 2.1.3.1 Establishing Flow Paths A review of numerous facility piping drawings (P&IDs) showed that the proposed flow paths were possible but that numerous interconnections and alignments would be necessary. The licensee's response (Reference 4, Item 2b) to questioning on why all valves necessary to complete the flow path were not included in the listings provided in Reference la, stated that only those manual valves whose positions are required to be changed were listed. Further PSC reviews did identify some additional manual valves which were added to the listings. (All power operated valves are checked whether required to change position or not.) The plant procedures do not require a check of valve positions on a routine basis but only when returning a system to operation following an outage. A further discussion of the PSC position, contained in Reference 10, states that the existing controls are adequate and that controls over non-Technical Specification systems/components will be incorporated in the Fire Protection Program. The acceptability of the valve lineup surveillance will be evaluated during an NRC inspection. The description of the "testing program to be implemented to verify the operability of the proposed safe shutdown models," requested in Reference 3, has not been received. The discussions contained in References 4 and 5 (Item 11) do not appear to indicate that any integrated systems testing or physical walkdowns are planned. Whether or not adequate testing and adequate walkdowns have been performed will also be determined during an NRC inspection. 2.1.3.2 Manual Actions and Timing A concern was raised, in Reference 3, that the numerous manual actions required to implement the shutdown models may require more manpower than would be available. The PSC response contained in Reference 4, Items 12 and 13, concluded that all required manual actions could be accomplished within the required time limit of 90 - 10 - minutes by the nine personnel required to be on shift. The response stated that although five personnel are dedicated to the Fire Brigade, the remaining four, operating independently for 85 minutes, could implement the shutdown model . It was noted that all actions were assumed to be mutually independent and that no supervision nor control room monitoring had been considered. PSC agreed to perform a more realistic assessment of the manpower requirements in Reference 5. PSC has now made provision for ten personnel on shift and has made an assessment of the manning required tc accomplish required manual actions for each fire area (Reference 11) . This includes control room manning. Subject to confirmation through NRC inspection efforts that procedures and training are adequate, we conclude that the proposed staffing level is acceptable. 2.2 Exemption Request for Three Room Complex and Diesel Generator Rooms 2.2.1 Exemption Requested The licensee requested exemptions from the technical requirements of Section III.G.2 of Appendix R to 10 CFR 50 in these areas to the extent that it requires that openings in 3-hour rated fire barriers be protected with similarly rated fire dampers, doors, and penetration seals. _ 2.2.1.1 Discussion (Three Room Complex) The Control Room Complex has been considered as a single fire area. The Control Complex houses the 480 volt switchgear room, the auxiliary electrical equipment, battery rooms, and the control room. The perimeter walls are constructed of reinforced concrete and have a 3-hour fire rating. They have unrated dampers where HVAC ducts penetrate the walls. The dampers are designed to close automatically when the Halon fire suppression system actuates. Doors in the Control Complex boundary fire walls were originally UL-labeled, 3-hour fire door assemblies; however, hardware has been changed and security modifications made. As a result, these doors are not now considered 3-hour fire doors. The penetration openings in the Control Complex walls are sealed with both fire-rated and unrated penetration seals. The Control Complex walls feature some steel columns which are partially embedded within the walls. The exposed steel is unprotected inside the lower two rooms of the Control Complex proper. The steel columns in the control room itself are enclosed by concrete blocks. The steel columns are not an integral part of the concrete wall from the standpoint of structural integrity or fire rating but are used for control complex floor connections. - 11 - Existing fire protection consists of halon and water spray fire suppression systems in the 480V switchaear and electrical equipment rooms; a halon fire suppression system in the control room; a partial fire detection system in the control room and area-wide fire detection systems in the rest of the Three Room Complex; and portable fire extinguishers and manual hose stations. In addition, automatic water spray systems exist along the "G" and "J" walls outside of the Three Room Complex. In Appendix R Re-evaluation Report No. 4, the licensee committed to repair the doors in the west wall of the control complex and to upgrade the seals in the west wall to be 3-hour fire-rated. 2.2.1.2 Discussion (Diesel Generator Rooms) The diesel generator rooms are considered as two separate fire areas. They are bounded by reinforced concrete walls and ceiling having a fire resistance rating of at least 3 hours. Several unrated dampers exist in the HVAC duct penetrations of these walls where they form a common boundary with the Turbine Building. The dampers were installed in conjunction with the existing carbon dioxide fire suppression system for each room and are designed to close when the system actuates. No unprotected penetrations exist in the common wall between the diesel generators. Existing fire protection includes fire detection systems, the above-referenced automatic fire suppression systems, portable fire extinguishers, and manual hose stations. The licensee justifies the exemptions in these areas on the bases of the existing firs protection, the proposed modifications, and the ability to safely shut down the plant in the event of a fire. 2.2.3 Evaluation The technical requirements of Section III.G are not met in these locations because the penetrations of the 3-hour fire barriers are not all protected by doors, dampers or penetration seals that have a 3-hour fire rating. In addition, there exists some unprotected steel in the perimeter walls of the Three Room Complex. We were concerned that in the event of a fire of significant magnitude, products of combustion would pass through the wall and damage redundant/alternate shutdown systems on the other side. However, the areas on both sides of these walls are protected by automatic fire detection systems as described in the Appendix R Evaluation Report. These systems alarm in the Control Room. We therefore expect that any potential fire would be detected in its incipient stages before significant flame spread or room temperature rise occurred. The plant fire brigade would then be dispatched and would put out the fire using manual fire fighting equipment: - 12 - If rapid fire spread occurred, the automatic fire suppression systems would actuate to control the fire and reduce ambient temperature rise. Until this occurred, the existine walls which surround these areas would act to confine the effects of the fire to the area of origin. Because openings exist in the walls, we expect a quantity of smoke and hot gases to pass through them and enter the adjoining locations. But the smoke would be so dissipated and the hot gases cooled to the point where, in our judgement, they would not represent a significant threat to shutdown-related systems outside of the fire area. 2.2.4 Conclusion Based on our evaluation, we conclude that the licensee's alternate fire protection configuration, with the proposed modifications, will achieve an acceptable level of fire safety equivalent to that provided by Section III.6.2. Therefore, the licensee's request for exemption for a complete 3-hour fire barrier in the Three Room Complex and Diesel Generator Rooms should be granted. 2.3 Exemption Request for Control Room 2.3.1 Exemption Requested The licensee requested an exemption from the technical requirements of Section III.G.3 of Appendix R to 10 CFR 50 to the extent that it requires that a fire detection system be installed throughout a fire area that has been provided with an alternate shutdown capability. 2.3.2 Discussion The Control Room is a separate room within the Three Room Complex. It is bounded by walls that have a 3-hour fire rating, except for the doors, dampers, and penetration seals which are evaluated in Section 2.2. The principal fire hazard within the area consists of cable insulation and paper. Existing fire protection includes an area-wide halon fire suppression system, fire detectors in the control room cabinets and consoles, portable fire extinguishers, and manual hose stations. The licensee justifies the exemption on the basis of the existing protection, the continuous presence of control room operators, and the ability to safely shutdown the plant independent of the Three Room Complex. 2.3.3 Evaluation The technical requirements of Section III.G are not met in this location because of the absence of a fire detection system that provides area-wide coverage. - 13 - We were concerned that because of the absence of an area-wide fire detection system, a fire could develop which would damage shutdown systems to the extent that the plant could not be safely shut down. However, the control room is continuously manned and automatic smoke detectors are located in the control room cabinets and consoles. We, therefore, have reasonable assurance that a fire would be detected and suppressed by the control room operators or the plant fire brigade early, before significant damage occurred. If a serious fire developed, the existing halon fire suppression system would actuate to put out the fire or control it until the plant fire brigade arrived. If such a fire caused the loss of redundant shutdown systems, the Alternate Cooling Method is available to bring the plant to a safe shutdown condition. This ACM capability is physically and electrically independent of the Three Room Complex. Therefore, an area-wide fire detection system in the Control Room is not necessary to provide us with reasonable assurance that a fire would be detected and safe shutdown capability maintained free of fire damage. 2.3.4 Conclusion Based on our evaluation, we conclude that the licensee's alternate fire protection configuration provides an acceptable level of fire safety equivalent to that provided by Section III.G.3. Therefore, the licensee's request for exemption for an area-wide fire detection in the Control Room should be granted. 2.4 Exemption Request for Turbine Building 2.4.1 Exemption Requested The licensee requested an exemption from the Technical requirements of Section III.G.2 of Appendix R to 10 CFR 50 to the extent that it requires that a fire detection system be provided throughout a fire area. 2.4.2 Discussion The Turbine Building houses the secondary plant equipment including such components and systems as the turbine generators; main condenser; steam, condensate, and feed systems; HVAC systems; and the emergency water booster pumps. The building is essentially a three-level structure, except for the access control bay portion. It is constructed of insulated dual corrugated steel walls and a metal deck-type roof. The principal fire hazards in the building consist of accumulations of lube oil, hydraulic oil , hydrogen gas, and cable insulation. However, - 14 - the locations which contain these hazards are separated from the rest of the building by 3-hour fire-rated walls, are protected by automatic fire suppression systems, or both. Existing fire protection includes partial fire detection and fire suppression systems, as discussed in Appendix R Evaluation Report No. 4, manual hose stations, and portable fire extinguishers. In Report No. 4, the licensee committed to modify and extend the existing fire detection system to provide area-wide coverage except for the turbine generator operating floor and the upper level of the Access Control Bay. The fire detection system will be in accordance with the provisions of National Fire Protection Association Standard No. 72E. The licensee justifies this exemption on the basis of the existing fire protection, the proposed modifications, and the fact that there are no shutdown-related systems in those locations where no fire detectors will be provided. 2.4.3 Evaluation The technical requirements of Section III.G.2 are not met in this location-because redundant, shutdown-related systems are not separated by more than 20 feet, free of intervening combustibles. In addition, automatic fire suppression and detection systems are not provided throughout this area. Our evaluation of the separation and fire suppression issues is contained in Sections 2.5 and 2.10 of this report. Our principle concern with this exemption was that because of the absence of an area-wide fire detection system, a fire of significant magnitude could develop and damage systems needed to safely shutdown the plant. However, a fire detection system that meets the requirements of NFPA Standard No. 13 will be installed throughout every elevation of this fire area that does contain shutdown-related systems. If a fire should occur in these locations, we expect it to be detected by the system. An alarm would be transmitted automatically to the Control Room and the fire brigade would subsequently be dispatched. The brigade would put out the fire using manual fire fighting equipment. If fire should break out on the operating floor or the upper elevations of the Access Control Bay, we expect it to be discovered, after some time delay, by plant operators or the security force. Until the arrival of the fire brigade, there are no shutdown systems that could be damaged by fire in these locations. Therefore, an area-wide fire detection system is not necessary to provide us with reasonable assurance that a safe shutdown capability will remain free of fire damage. 2.4.4 Conclusion Based on our evaluation, we conclude that the licensee's alternate fire protection configuration, with the proposed modifications, will - 15 - achieve an acceptable level of fire safety, equivalent to that provided by Section III.6.2. Therefore, the licensee's request for exemption for an area-wide fire detection system in the Turbine Building should be granted. 2.5 Exemption Request for Access Control Bay 2.5.1 Exemption Requested The licensee requested an exemption from the technical requirements of Section III.G.2 to the extent that it requires that redundant shutdown-related systems be separated by 20 feet free of intervening combustible materials or by a 1-hour fire barrier and the area protected by an automatic fire suppression system and a fire detection system. 2.5.2 Discussion The Access Control Bay is a multi-level structure which is part of the larger Turbine Building Fire Area. It extends upward from elevation 4846 ft. , 6 inches to the roof at elevation 4938 ft. , 0 inches. Three reinforced concrete floors and one partial steel grating floor further subdivide the Access Control Bay above elevation 4846 ft. , 6 inches. Within this structure, the licensee has identified redundant reactor plant exhaust fans, on elevation 4846 ft. , 6 inches, that are not protected per the requirements of Section III.G. The fans are separated from each other by about 18 feet, with no intervening combustibles. The fire hazard i-n the Access Control Bay consists of charcoal , lubricating oil , and cable insulation which represents a fire load of = about 20,750 BTU/sq. ft. This quantity of combustibles, if totally consumed, would produce an equivalent fire severity of about 16 minutes as determined by the ASTM E-119 time temperature curve. Existing fire protection includes manual hose stations and portable fire extinguishers. In Appendix R Compliance Report No. 4, the licensee Committed to install an automatic fire detection system on elevation 4846 ft. , 6 inches of the Access Control Bay. The system will be in accordance with the provisions of NFPA Standard No. 72E. In addition, the licensee proposed to relocate cables and transfer switches to the A-train fan so as to be located at least 35 feet away from its redundant counterpart. The licensee justified this exemption on the basis of the existing fire protection, and the proposed modifications. In addition, the licensee indicated that in the event that these fans were damaged by a fire, alternate cooling is available through a chiller unit and recirculation fan that are located in another fire area. 2.5.3 Evaluation Although the licensee requested an exemption from Section II1.6.2, the requirements of Section III.G.3 apply because of the availability of - 16 - the alternative cooling capability. The requirements of Section III.G.3 are not met in the Access Control Bay because of the absence of an area-wide fixed fire suppression system. Our principal concern with the level of fire safety in this location was that because of the relative proximity of the reactor plant exhaust fans, a fire of significant magnitude would damage redundant shutdown-related systems to such an extent that safe shutdown could not be achieved and maintained. However, the fire load in this location is not significant, with combustible materials dispersed throughout the elevation. If a fire should occur, it would be detected by the fire detection system in its incipient stages before significant flame propagation or room temperature rise occurred. The alarm would be automatically transmitted to the control room. The fire brigade would then be dispatched and would put out the fire using manual fire fighting equipment. Pending arrival of the brigade, the effects of the fire would be mitigated because the smoke and hot gases would rise up into the high ceiling area, which would tend to act as a heat sink. Also, the fan motors and related cables would be shielded from the effects of a fire by the metal fan enclosures. Nevertheless, if a fire did result in damage to both reactor plant exhaust fans, the licensee will be able to recover from this damage by relying upon a chiller unit and recirculation fan that is located in a separate fire area. Therefore, the absence of a fixed fire suppression system is not necessary to provide us with reasonable assurance that safe shutdown can be achieved and maintained. 2.5.4 Conclusion Based on our evaluation, we conclude that the licensee's alternate fire protection configuration, plus the proposed modifications, will achieve an acceptable level of fire protection equivalent to that provided by Section III.G. Therefore, an exemption for the absence of a fixed fire suppression system in the Access Control Bay should be granted. 2.6 Exemption Requests for Outside Areas-Exterior Routing and Turbine/ Reactor Buildings-Common Wall 2.6.1 Exemption Requested The licensee requested an exemption from the technical requirements of Section III.G.2 of Appendix R to 10 CFR 50 in these locations to the extent that it requires a 3-hour fire barrier to separate redundant/alternate shutdown related systems in separate fire areas. 2.6.2.1 Discussion (Outside Areas-Exterior Routing) - The Alternate Cooling Method (ACM) diesel and certain ACM related components are relied upon as the emergency power source for fire - 17 - protection shutdown Train A. The ACM diesel , transformers, plant 4kV switchgear, 4kV HVAC switchgear, 4160-480 volt transformers, reserve auxiliary transformer bus, and ACM 4kV switchgear are located outside of the Turbine Building. There is also ACM equipment located in the Evaporative Cooler Building, east of the Turbine Building near its southeast corner. ACM equipment in this building are the ACM batteries, ACM-MCC, and ACM-480V load center. The Turbine Building contains the emergency diesel designated as the emergency power supply for the B shutdown train. Cabling and components associated with the B shutdown train are located within the Turbine Building. Cabling from the ACM diesel feeding the 4kV switchgear, and then routed to the 4160/480 volt transformers, is used as the emergency backfeed to load centers in the Three Room Control Complex to serve as the power supply for fire protection shutdown Train A. The cable routings up to the 4160-480 volt transformers are routed underground, with the exception of overhead bus duct feeds between the 4kV HVAC switchgear, reserve auxiliary transformer, and the plant 4kV switchgear. Feeds from the transformers into the three-room complex are open ventilated bus ducts routed above ground. These feeds pass along the east side of the Turbine Building wall . The 4kV switchgear is located south of the Turbine Building in the vicinity of the diesel generator rooms. The south wall of the diesel generator rooms is reinforced concrete construction. The 4kV switchgear is located inside a separate metal enclosure that is accessed from the yard area. The 4kV switchgear enclosure is located approximately 8 feet south of the Turbine Building with open space in-between. Cabling within the 4kV switchgear enclosure enters from underground. The reserve auxiliary transformer bus duct is also used as part of this ACM backfeed. The reserve auxiliary transformer is located outside approximately 20 feet from the Turbine Building. The closest Train B shutdown component is the Train B emergency diesel generator. The emergency diesel generator room is a separate fire area, and is separated from the outside by a reinforced concrete wall . An HVAC switchgear enclosure associated with ACM is also located south of the Turbine Building, approximately 15 feet from the building; but over 30 feet from the nearest fire protection shutdown components within the Turbine Building. ACM components in the Evaporative Cooler Building are used as part of fire protection shutdown Train A. The Evaporative Cooler Building is a separate fire area, since it is a separate building with exterior walls to the outside. This building is separated from the Turbine Building by approximately 10 feet of open space, free of intervening combustibles. - 18 - Other components in the yard area associated with the ACM, when used for the Train A emergency power supply, are the ACM diesel , ACM transformer, and the ACM 4kV switchgear. These structures are located greater than 100 feet east of the Turbine Building. 2.6.2.2 Discussion (Turbine/Reactor Buildings-Common Wall) The Turbine Building and Reactor Building are considered as two separate fire areas. The common wall between these two areas is constructed of corrugated steel . All openings in this wall are sealed so as to maintain the pressure differential required for the Reactor Building. Redundant shutdown-related equipment that is located on both sides of the wall are separated by at least 35 feet. Existing fire protection includes fire detection and fire suppression systems as described in Appendix R Evaluation Report No. 4, manual hose stations, and portable fire extinguishers. The licensee justifies the exemptions on the existing fire protection, the spatial separation between shutdown-related systems, and the ability of the non-rated walls to provide a degree of passive fire protection until any potential fire is extinguished. 2.6.3 Evaluation The technical requirements of Section III.G.2 and 3 are not met in these locations because normal shutdown systems are not separated from their redundant counterparts or the systems associated with the alternate cooling method by a 3-hour fire-rated barrier. Our principal concern was that a fire of significant magnitude may result in damage to components associated with the normal shutdown systems and the alternate cooling method. If a fire were to occur in the above-referenced outside locations, a potential exists for components associated with the ACM to be damaged. However, because these areas are located outside and away from the normal shutdown systems located within the Turbine Building, we do not expect the products of combustion or radiant energy from such a fire to affect the normal systems. Smoke and hot gases would tend to be dissipated in the open air. Radiant energy would be mitigated by the intervening open space and by the exterior walls of the Turbine Building. Similarly, if a fire were to occur inside the Turbine or Reactor Buildings, we expect the fire to be detected by the automatic fire detection systems or by plant operators or the security force. The fire would either be extinguished manually by the plant fire brigade or by the automatic fire suppression systems. Because these locations are large open plant areas, the smoke and hot gases from such a fire might spread within each area. But it is our judgment that the metal and masonry walls which bound these fire areas are capable to a • - 19 - significant extent of confining the effects of the fire to the immediate fire area, until the fire is extinguished. Because these walls are not all fire-rated, some products of combustion may spread beyond them. However, the smoke and hot gases would be cooled and dissipated so that there will be no threat to the redundant/alternate shutdown systems_ in the adjoining fire areas. Therefore, complete 3-hour fire-rated walls are not necessary to provide us with reasonable assurance that safe shutdown conditions could be achieved and maintained with undamaged systems in the other five areas. 2.6.4 Conclusion Based on our evaluation, we conclude that the licensee's alternate fire protection configuration will achieve an acceptable level of fire safety, equivalent to that achieved by compliance with Section III.6.2 and III.G.3. Therefore, the licensee's request for exemption for a 3-hour fire wall between the Turbine Building and the Reactor Building and outside areas should be granted. 2.7 Exemption Requests for Alternate Cooling Method/Congested Cable Area Interface 2.7.1 Exemption Requested The licensee requested an exemption from the technical requirements of Section III.G.2 of Appendix R to 10 CFR 50 to the extent it requires that redundant shutdown-related systems be separated by more than 20 feet free of intervening combustibles and the area protected by automatic fire detection and suppression systems. 2.7.2 Discussion Cabling associated with forced circulation cooldown components passes through the congested cable areas (CCA) outside of the "J" and "G" walls for the three room complex and then into the three room complex. For a fire at these locations, safe shutdown would be achieved using systems associated with the ACM. In general , ACM components and cabling are located in other fire areas outside of the Reactor and Turbine Buildings. Most of the cables and components for the ACM that are located in the Reactor and Turbine Buildings are located more than 40 feet away from the congested cable area. For those systems that are located less than 40 feet from the CCA, described in Appendix R Compliance Report No. 4, the licensee has identified other systems that could be employed to achieve safe shutdown. The principal fire hazard in these ACM/CCA interface areas is cable insulation. However, the areas of concentrated quantities of cables are protected by automatic sprinkler systems. In addition, these i - 20 - locations are protected by fire detection systems and are provided with portable fire extinguishers and manual hose stations. The license justified this exemption on the existing fire protection, the spatial separation between shutdown systems, and the availability of a number of systems that could be relied upon to achieve and maintain safe shutdown. 2.7.3 Evaluation The technical requirements of Section III.G are not met in these locations because the alternate shutdown capability is not physically and electrically independent of the fire area. Our principal concern with the level of fire safety in these locations was that a fire of significant magnitude might damage systems associated with both the manual shutdown capability and the alternate cooling method. There is no major unmitigated fire hazard in these locations. The only significant hazard which would represent a threat to shutdown systems is the concentration of combustible insulation on the cables. However, these cable concentration areas are protected by automatic sprinkler systems. The suppression systems along the "G" and "J" walls were originally designed for manual actuation. However, at our request, the licensee converted these systems to automatic actuation. We acknowledged that this conversion would not completely conform to the guidelines of NFPA Standards 13 and 15. But, it was our judgement that an automatic system would achieve a higher level of protection. The interface areas will be protected by an automatic fire detection system that meets the requirements of NFPA Standard No. 72E. As a result, we expect any potential fire to be detected early, before significant fire propagation or room temperature rise occurs. The fire would then be extinguished by the plant fire brigade using manual fire fighting equipment. If rapid fire spread occurred, we expect the automatic wet pipe sprinkler systems to actuate and limit fire spread, moderate room temperature rise, and protect the shutdown-related cables along the "G" and "J" walls. Until the arrival of the brigade, the spatial separation between shutdown systems provides passive protection to prevent damage to redundant/alternate shutdown systems. For those systems which are not sufficiently separated, the licensee has identified alternate means of achieving and maintaining safe shutdown that would not be affected by a fire. 2.7.4 Conclusion Based on our evaluation, we conclude that the licensee's alternate fire protection configuration, with proposed modifications, will achieve an acceptable level of fire safety equivalent to that achieved by compliance with Section III.G. Therefore, the licensee's request for exemption in the ACM/CCA Interface Areas should be granted. - 21 - 2.8 Exemption Request for Emergency Lighting 2.8.1 Exemption Requested The licensee requested an exemption from the technical requirements of Section III.J of Appendix R to 10 CFR 50 to the extent that it requires emergency lights to be powered by individual 8-hour battery packs. 2.8.2 Discussion The plant is presently equipped with hard-wired, essential/emergency back-up lighting systems powered from the standby diesel generators and the plant DC system. However, these systems are not sufficiently independent such that they would be available in the event of a fire. In Appendix R Compliance Report No. 4, the licensee committed to install a new system for the Reactor and Turbine Buildings. Outlying structures requiring access for safe shutdown functions that are not covered by ACM powered lights will be covered by 8-hour battery lights. The new emergency lighting system will have the following attributes: 1. Wiring and lights configured such that multiple physically separate systems would result with each system covering a zone or quadrant. lighting equipment in each zone will be separated by a minimum of 30 feet from that of another zone. Loss of any one zone due to a postulated fire would be compensated for by the lights in the adjacent zones, including permanently installed but movable "extension lights" where necessary; 2. Separate and independent power feeds for each zone covered; 3. Electrical power supplied from the ACM diesel ; 4. Breaker coordination such that only one circuit would fail given the loss of any one individual light unit, or a single fault such as due to a fire; 5. A minimal number of lights per circuit so that the lighting availability loss would be minimized given a circuit loss; 6. A mix of local area lights and spot flood beams plus extension lights where necessary; 7. Receive a field check/walkdown to confirm adequate numbers, locations, and positioning of lights. - Essential valves or equipment components requiring manual operator action(s) would be covered by local zone lighting plus spot beams from adjacent zones. Therefore, if a fire failed the local circuit, the - 22 - spot beams from a distance greater than 30 feet would still be functional . In addition, extension lights will be available in selected areas where valves are located in upper galleries. The licensee justifies this exemption on the bases that the proposed new lighting system provides an equivalent level of emergency lighting to individual 8-hour battery packs. 2.8.3 Evaluation The technical requirements of Section III.J are not met in the Reactor and Turbine Buildings because the new emergency lights are not powered by individual 8-hour batteries. We had two concerns with the proposed emergency lighting system in these buildings. The first was that a sufficient number of lights would not be installed so as provide an adequate level of illumination. However, all essential valves and equipment components requiring manual operator actions, and access and egress routes thereto, will be covered by the local zone lighting plus spot beams from adjacent zones. In addition, at our request, the licensee in Report No. 4, committed to verify the adequacy of the illumination by conducting a field walkdown with plant operators to confirm the . adequacy of the numbers, locations, and positioning of the lights. The second concern was that a fire could damage the power supply to the emergency lighting. However, the new system is designed in such a manner that a fire in any one zone would not affect the emergency lighting in adjacent zones. Therefore, individual 8-hour batteries for each emergency light are not necessary to provide us with reasonable assurance that sufficient emergency lighting would be available to complete safe shutdown functions. 2.8.4 Conclusion Based on our evaluation, we conclude that the licensee's alternate configuration will achieve an acceptable level of safety, equivalent to that achieved by compliance with Section III.J. Therefore, the licensee's request for exemption for individual 8-hour battery powered emergency lighting in the Reactor and Turbine Buildings should be granted. 2.9 Exemption Request for Reactor Building 2.9.1 Exemption Requested The licensee requested an exemption from the technical requirements of Section III.G.2 of Appendix R to 10 CFR 50 to the extent that it - 23 - requires that redundant shutdown-related systems be separated by 20 feet free of intervening combustibles and be protected by automatic fire detection and suppression systems. 2.9.2 Discussion The Reactor Building is a single fire area. It contains redundant components and cables associated with the turbine water removal pumps, bearing water pumps, primary coolant and S/G instrumentation, and reactor plant exhaust fans. It also contains "Train A" components and cables associated with the emergency bearing water makeup pump and "Train 8" components and cables associated with the bearing water makeup pump. The principal fire hazard in this location consists of hydraulic oil associated with the hydraulic power units and over the helium circulator-turntable. Additional combustible materials include lubricating oil and combustible cable insulation. Existing fire protection includes automatic sprinkler systems for the hydraulic oil fire hazards and cable concentration areas, manual hose stations, and portable fire extinguishers. In Appendix R Compliance Report No. 4, the licensee committed to install a fire detection system to provide area-wide coverage on every elevation of the Reactor Building below the refueling floor. The licensee also committed to reroute certain shutdown-related cables to achieve at least 50 feet of horizontal separation or 30 feet of separation if an intervening floor exists between redundant systems. A portable turbine water removal pump will also be provided to compensate for the potential loss of redundant turbine water removal pumps on elevation 4740 ft. , 6 inches. The licensee justified the exemption on the existing fire protection, the proposed modifications, and the spatial separation between redundant shutdown systems. 2.9.3 Evaluation The technical requirements of Section 111.6.2 are not met in the Reactor Building because the intervening space between redundant shutdown systems contains some combustible material . In addition, the fire detection system does not extend to the refueling floor and above, and the existing sprinkler systems do not provide area-wide Coverage. Our principal concern was that a fire of significant magnitude would damage systems associated with redundant shutdown methods. !However, the major fire hazards in this area are covered by an automatic fire suppression system. Consequently, a fire involving these hazards would be mitigated by the system. Remaining combustible materials are generally dispersed throughout the remainder of the area. As a - 24 - result, a fire involving these materials would be of limited magnitude and extent and characterized, initially, by low flame propagation and ambient temperature rise. If a fire did occur, it would be detected early by the fire detection systems. Where no detectors have been provided above the refueling floor, no shutdown systems exist. Upon actuation of the detection system or discovery of the fire by plant personnel , the control room would be notified and the fire brigade dispatched. The fire would then be either suppressed manually, using portable fire fighting equipment, or automatically, if the fire originated in the sprinkler area. Until the fire is controlled, the spatial separation between shutdown systems, which in part extends over more than one floor elevation, will provide us with reasonable assurance that a safe shutdown capability will remain free of fire damage. 2.9.4 Conclusion Based on our evaluation, we conclude that the licensee's alternate fire protection configuration, with the committed modifications, will provide an acceptable level of fire safety, equivalent to that achieved by compliance with Section III.G.2, Therefore, the licensee's request for exemption in the Reactor Building should be granted. 2.10 Exemption Request for Turbine Building 2.10.1 Exemption Requested The licensee requested an exemption from the technical requirements of Section III.G.2 of Appendix R to 10 CFR 50 to the extent that it requires that the redundant shutdown-related systems be separated by more than 20 feet of intervening combustibles and be protected by automatic fire detection and suppression systems. 2.10.2 Discussion The Turbine Building houses the secondary plant equipment including such components and systems as the turbine generator; main condenser; steam, condensate and feed systems; HVAC systems; and the emergency water booster pumps. In Table 3.11-1 of the Appendix R Compliance Report No. 4, the licensee identified the shutdown-related systems which do not meet the separation requirements of Section III.G. The licensee committed to either: 1) Reroute fire-vulnerable cables outside of the fire area; or 2) Protect one shutdown division by a 1-hour fire barrier; or 3) Reroute fire-vulnerable cable to achieve at least 30 feet of horizontal separation with some intervening cables from its redundant/alternate counterpart. For any other fire-vulnerable cables - 25 - or systems, the licensee has identified another means of achieving safe shutdown if these systems were lost due to a fire. The licensee justifies the exemption on the bases of the existing fire protection, the proposed modifications, the spatial separation between shutdown systems, and the availability of a number of different systems that would be relied upon to achieve and maintain safe shutdown conditions. 2.10.3 Evaluation The technical requirements of Section III.G are not met in this area because redundant shutdown-related systems are not separated by more than 20 feet free of intervening combustibles. In addition, automatic fire suppression and detection systems are not provided throughout the area. We evaluated the lack of area-wide fire detection in Section 2.4 of this safety evaluation. Our principal concern was that a fire of significant magnitude would damage systems associated with redundant shutdown methods. However, the major fire hazards in this area are covered by an automatic fire suppression system, or are separated by fire walls, or both. Consequently, a fire involving these hazards would be mitigated by the protection. Remaining combustibles materials are generally dispersed throughout the remainder of the area. As a result, a fire involving these materials would be of limited magnitude and extent and would be characterized, initially, by low flame propagation and ambient temperature rise. If a fire did occur, it would be detected early by the fire detection = system. Where no detectors have been provided, no shutdown systems exist. Upon actuation of the detection system or discovery of the fire by plant personnel , the control room would be notified and the fire brigade dispatched. The fire would then be either suppressed manually, using portable fire fighting equipment, or automatically, if the fire originated in a sprinkler area. Until the fire is controlled, the spatial separation between shutdown systems, which in part extends over more than one floor elevation, will provide us with reasonable assurance that a safe shutdown capability will remain free of fire damage. 2.10.4 Conclusion Based on our evaluation, we conclude that the licensee's alternate fire protection configuration with the committed modifications, will provide an acceptable level of fire safety, equivalent to that achieved by compliance with Section III.G.2. Therefore, the licensee's request for exemption in the Turbine Building should be granted. 2.11 Building 10 - Building 10 is a new structure, erected subsequent to our "Appendix R" fire protection evaluation. It is located east of the Control Complex and is connected with it via a bridge-like walkover structure. The - 26 - exterior walls are constructed of reinforced concrete. The floors are concrete on earth or concrete on metal pan. The roof is constructed of concrete on metal pan. The building has been divided into six fire areas occupied for offices, computer rooms, electrical and mechanical equipment rooms, and related areas. Fire protection includes fire detection systems, halon fire suppression systems, and portable fire extinguishers. In Appendix R Compliance Report No. 4, the licensee identified one deviation from the technical requirements of Section III.G.2 of Appendix R to 10 CFR 50. The licensee requested approval of an exemption from these requirements to the extent that they require that structural steel which is part of a fire barrier be protected so as to achieve a fire-rating equivalent to the rating of the boundary. The structural steel is part of a 3-hour fire wall which separates two rooms which contain redundant shutdown-related systems. The licensee justifies the exemption on the basis of the low fire loading and the existing automatic fire protection. The rooms on both sides of this wall are equipped with an automatic fire detection system. If a fire should occur, it would be detected in its formative stages before significant temperature rise occurs. The fire would then be put out manually using portable fire extinguishers. If rapid fire spread occurred, we expect the automatic fire suppression system to actuate to control the fire. The system has sufficient extinguishing agent for a manually initiated second discharge if the fire was not completely extinguished after the first discharge. Until the fire is extinguished, and considering the low fire loading (equivalent to a 15 minute duration on the ASTM E-119 time temperature curve) , it is our judgement that the unprotected steel will remain undamaged and the integrity of the fire wall will be maintained. We, therefore, conclude that the licensee's fire protection configuration will provide an equivalent level of fire safety to that achieved by compliance with Section III.G. Therefore, the licensee's request for exemption for unprotected structural steel should be granted. At our request, the licensee also submitted, in Report No. 5, dated May 1985, a comparison of the fire protection for Building 10 to the guidelines of Appendix A to BTP APCSB 9.5-1. The licensee has indicated that the guidelines pertaining to the provision of a standpipe system, yard hydrant, fire hose, and related equipment are not applicable to Building 10. We are concerned that in the event cf a fire in those areas not protected by an automatic suppression system, the licensee will not have a readily available means to apply water from hose streams onto the fire. We will require that the licensee comply with Section C.4.h of BTP APCSB 9.5-1. In the trip report dated September 12, 1983, which documented the results of our site audit, we stated that the licensee did not have / - 27 within its organization or as a consultant a qualified fire protection engineer responsible for the formulation and implementation of the fire protection program. In Report No. 5, the licensee indicated that they will be relying upon utility staff members who are "knowledgeable in fire protection system operations and fire fighting techniques." The licensee also stated that they are "taking action to procure qualified fire protection engineering services for future use." However, the licensee has not demonstrated that utility staff members are so qualified to meet our guidelines. Nor has the licensee provided us with reasonable assurance that an outside fire protection consultant will be "on call" for fire protection program reviews. We will require that the licensee meet the guidelines contained in Section A.1 of BTP APCSB 9.5-1. 3.0 Environmental Considerations Pursuant to 10 CFR 51.30, the staff concludes as follows regarding the listed factors: (1) The need for the proposed actions is described above; (2) The alternative to the exemptions would be to require literal compliance with Section IV.F. of Appendix E to 10 CFR Part 50. Such an action would not enhance the protection of the environment and would be adverse to the public interest generally; (3) The issuance of the exemptions, or their denial , would not affect the environmental impact of the facility; and (4) That no consultation with other agencies or persons is needed. Based on the above assessment, the NRC staff concludes, pursuant to 10 CFR 51.32, that the issuance of these exemptions will have no significant impact on the environment. 4.0 Conclusions 4.1 Safe Shutdown Systems The concepts for providing safe shutdown under fire considerations are adequate provided the remaining open items concerning analysis of the models' cooldown effectiveness and the proposed process monitoring instrumentation are acceptably resolved. The remaining aspects identified herein will be addressed during inspection activities. 1 - 28 - 4.2 Exemptions Based on our evaluation, we conclude that the licensee's existing fire protection configuration, with the proposed modifications, achieves an equivalent level of safety to that attained by compliance with Sections III.G and III.J. Therefore, the licensee's request for exemptions in the following areas should be granted: 1. Three Room Complex (Fire Barriers) 2. Control Room (Fire Detectors) 3. Turbine Building (Fire Detectors) 4. Building 10 (Structural Steel) 5. Access Control Bay (Separation Requirements) 6. Exterior routing of shutdown cabling 7. ACM/CCA Interface Areas (Separation Requirements) 8. Common Mall-Turbine Building/Reactor Building 9. Reactor Building (Separation Requirements) 10. Turbine Building (Separation Requirements) 11. Diesel Generator Rooms (Fire Barriers) 12. 8-hour battery pack emergency lighting 4.3 Open Items The licensee should provide additional information concerning the following open items: - Effectiveness of the Flow Paths Through the Steam Generators, (Section 2.1.2.3(a)(2)) - PSC should submit the results of the analyses discussed in References 3 and 12; - Adequacy of Core Heat Removal Monitoring, (Section 2.1.2.3(c) (2)) - PSC should provide an evaluation of the potential need to monitor differential temperatures (i.e., inlet and outlet) rather than the proposal to only monitor the steam generator exit for constant or decreasing temperature; - 29 - - Building 10 Standpipe System, Yard Hydrants, Fire Hose, and Related Equipment, (Section 2.11) - PSC should provide a commitment to comply with Section C.4.H of BTP APCSB 9.5-1 for Building 10; and - Fire Protection Staff Qualifications, (Section 2.11) - PSC should provide a commitment to comply with Section A.I to BTP APCSB 9.5-1. Dated: Reviewers: D. Kubicki, DPWRL-B, NRR R. Ireland, Region IV R. Mullikin, Region IV Attachments: 1. Figure 2.1-8 2. Figure 2.1-9 3. Figure 2.1-10 4. Figure 2.1-11A 5. Figure 2.1-118 - 30 - References 1. Appendix R Evaluation: a. Report No. 1, Shutdown Model , November 16, 1984 b. Report No. 2, Electrical Reviews, December 17, 1984 c. Report No. 3, Fire Protection, January 17, 1985 d. Report No. 4, Exemptions and Modifications, April 1, 1985. 2. Fire Hazards Analysis and Evaluation of Building 10 to the BTP 9.5-1 Appendix A Guidelines, Report No. 5, May 31, 1985. 3. NRC letter, Butcher to Lee, dated November 1, 1985. 4. PSC letter, Walker to Berkow, dated December 20, 1985 (P-85488) . 5. PSC letter, Walker to Berkow, dated March 14, 1986 (P-862C9) . 6. PSC letter, Walker to Berkow, dated April 4, 1986 (P-86266) . 7. License Amendment No. 14 with NRC letter, Denise to Walker, dated June 18, 1976. 8. License Amendment No. 18 with NRC letter, Denise to Fuller, dated October 28, 1977.. • 9. License Amendment No. 21 with NRC letter, Gammill to Millen, dated June 6, 1979. 10. PSC letter, Warembourg to Berkow, dated May 15, 1986 (P-86307). 11. PSC letter, Williams to Berkow, dated July 15, 1986 (P-86462) . 12. PSC letter, Gahm to NRC (LER 86-020), dated August 11, 1986 (P-86513). ATTACHMENT 1 600 GPM l E-4202 DECAt-CAT Y REMOVAL EXCHANGER T-710) A 1-3102 Sa;RVICT COM WATER STORAGE 6'L720-021 TANKS - S80 GPM 246 PSIG CONDENSATE PUMP IC S L3109�16 Jr. ♦ P-7106 CIRCJLATOR C-2101�J//tom—+—'w 4 180 Cr'M ♦ B-2201 1 STEAM GEN_ • V T-2110 TURBINE WATER DRAW TANK V P.2103 TURBINE WATER REMOVAL Aft • FIGURE 2.1-8 SIMPLIFIED FLOW DIAGRAM CONDENSATE PUMP FOR CIRCULATOR DRIVE & SIG COOLING- TRAIN A • - ATTACHMENT 2 A n r n DIESEL WATER FIRE BOOSTER PUS PUMP C_2103 P�S0I S 200 GPM P•2110 _ 3 rE CIRCULATOR f MAIN COOLING --I300 CPM TOWER E-4107 5-2202 STEAM V GEN T-2:10 TURBINE WATER GRAIN TANK TURBINE WATER REMOVAL PUMP '+Vy3L-1 j1c) DECAY MEAT P-21025 I REMOVAL EXCHANGER E-4102 (SEE FIGURE 2.1 !S)R -! riAAr SERVICE WATER Y T-3101 SERVICE WATER & 02 RETURN PUMP ��" i TCO O. P-42045 1� STORAGE TANKS ✓4MtiA.ti. ./fir SERVICE WATER RETURN SUMP T-4201 FIGURE 2.1-9 SIMPLIFIED FLOW DIAGRAM FIRE WATER FOR CIRCULATOR DRIVE & SIC COOLING TRAIN B Rev. 3 ATTACHMENT 3 Ln 21 . *31 Iti w ^ ; . ! : Z.Ci_ ,...t3°- 6 \ s -' } §` o! . i- Eg 111 §\ f t a 7f k� L;)%§ € Lel !■ ;a. »p A J < ! ...... • K § 5 ■ off / 7 C \j P. ` } § § 2 ° Q7 k) }7s • k \ « - !§ ° -• ‘E*•-' f Z $| ` o...• H 6,1 II § ._ `- . �§ rll ' _ ' _ \!I )lit ! ' , K �� L. !,1 /e2 f a z - |Zu - { ;; ATTACHMENT S - / 1-8- _ &i >--x . $ )1.'4—4---0.11$# «_§ k �| 5•::_ 4 \ } ® \§ $ \ $ \ :a « ®_ \�•-CC / �� .c + k.I7 �k §�� i � ` / i§ _ =t i; < _ . ($a `� ;: < » $ (/ )�� \� {§ 2 § �! , E» «` \ k 7 ^ § k Li § \ • »ft b( 2§% } < (xs Cfk k a !� : < _ ) [ ;- - 3 = - \! { (g§ k 3/ P a. _ )A E X } \ �_ -§ \ / § - - , - 6 • J;} ^ § it \ /f 1�� . ' ° j\ ' \}$ !+§ `- �� \\ /( . , $! }7} /i |- § ATTACHMENT • A! , /} | . ;__ . tia. \^7 Pt CC ► /\ . Il/ X� § \ ! |} as \ _ �f \ _ _ 5 !—: § ;o . *\ : / 2 �§ . ;/al ,. ! / • /° 5« C3 @ _ w) . • (1. } - = j • a` /b§ — } c:4 / <e /2} _ _ r. t§ § \ • ; «<E- O .) t.;.“.:.: )± 4. 7 }! ` ., } •. »2 � }}J\ \ ! \ <� - �__� R \ ••• � � /}j • &\j 4�� \ /_$ re. yes f CD ,Th (}a f \s/ INCIH' �a ° ' ) / = q } m ' T . 1 ri $5«$ rig ; \E /�� ' a. |I!- 4, ' (i) �k \3 §7-4 4 I ``Epw FECO• 4 °s UNITED STATES F m+ I ; NUCLEAR REGULATORY COMMISSION 1 m 1#1‘ 1 -. l WASHINGTON,D.C.20555 Moh November 18, 1986 Docket No. 50-267 Mr. R. 0. Williams, Jr. r11 Vice President, Nuclear t� , r Operations � '" Public Service Company a Ov�4'996 of Colorado P. 0. Box 840 ��c^r, Denver, Colorado 80201-0840 Dear Mr. Williams: SUBJECT: COMMENTS ON FORT ST. VRAIN UPDATED FSAR, REVISION NO. 4 We have reviewed your submittal dated July 22, 1986 (P-86466) transmitting the Fort St. Vrain Updated FSAR, Revision No. 4. This review included Attachment C to your letter, and resulted in the following comments. 1. Section 3.4.12 - Your response to NRC Comment #27 is unclear. Please clarify your internal schedule for justifying replacement of full-length reflector blocks with half-length blocks. This should be done in the next FSAR update. 2. Section 7.3.1.2.1, page 7.3-9, Rev. 4 - This section, as corrected by Rev. 4, is in error since Figure 7.3-20 does not contain a line indicating manual adjustments by steps of the PPS setpoints as indicated in Section 7.3.1.2.1 (refer to Attachment C to P-86466, NRC Comment #4). 3. Table 8.5-4 - PSC's response to NRC Comment #20, Attachment C to P-86466, indicates that Table 8.5-4 is on two sheets back-to-back. If this is a correct statement, please provide us with a copy of this table. Our FSV FSAR copy appears to be incomplete. Sincerely, Kenneth L. Meitner, Project Manager Standardization and Special Projects Directorate Division of PWR Licensing-8 Office of Nuclear Reactor Regulation cc: See next page Mr. R. 0. Williams Public Service Company of Colorado Fort St. Vrain cc: Mr. D. W. Warembourg, Manager Albert J. Hazle, Director Nuclear Engineering Division Radiation Control Division Public Service Company Department of Health of Colorado 4210 East 11th Avenue P. 0. Box 840 Denver, Colorado 80220 Denver, Colorado 80201 Mr. David Alberstein, 14/159A GA Technologies, Inc. Mr. J. W. Gahm, Manager Post Office Box 85608 Nuclear Production Division San Diego California 92138 Public Service Company of Colorado 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Mr. H. L. Brey, Manager Nuclear Licensing and Fuel Division Public Service Company of Colorado Mr. it L. W. Singleton,n isioner P. 0. Box 840 Quality Assurance Division P. 0. Colorado 8 80201 Public Service Company of Colorado 16805 Weld County Road 19-1/2 Platteville, Colorado 80551 Senior Resident Inspector U.S. Nuclear Regulatory Commission Mr. R. F. Walker P. O.Box 840 • Public Service Company of Colorado Platteville, Colorado 80651 Post Office Box 840 Kelley, Stansfield & O'Donnell Denver, Colorado 92138 Public Service Company Building Commitment Control Program Room 900 Coordinator 550 15th Street Public Service Company of Colorado Denver, Colorado 80202 2420 W. 26th Ave. Suite 100-D Regional Administrator, Region IV Denver, Colorado 80211 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 tyE �pF NEGL ro UNITED STATES 4� NUCLEAR REGULATORY COMMISSION N .e WASHINGTON,O.C.20555 *****Ate yy NOV 18 1986 Docket No. 50-267 Mr. R. 0. Williams, Jr. Vice President, Nuclear Operations Public Service Company of Colorado P. 0. Box 840 Denver, Colorado 80201-0840 Dear Mr. Williams: SUBJECT: UPGRADING AND IMPLEMENTATION OF EMERGENCY OPERATING PROCEDURES We have received your April 25, 1986 (P-86331) request for modification of our August 2, 1985 Order confirming your commitments to implement those post-TMI related items set forth in NUREG-0737, Supplement 1. Your April 25, 1986 letter requests an extension of the time to upgrade and implement Fort St. Vrain's (FSV's) Emergency Operating Procedures (EOPs) because of the need to make the EOPs coincide with the other NUREG-0737, Supplement 1 items. Your submittal also provides a proposed new completion schedule based on these other items. You had originally committed to upgrade and implement FSV's EOPs 18 months after completing your Procedures Generation Package (PGP). Your PGP was submitted on October 30, 1985 (P-85386) . However, this process is closely tied to your implementation of the Safety Parameter Display System and the Detailed Control Room Design Review. In order to properly reflect changes from these other reviews in the EOPs, the time for completion of the EOPs should be extend?d to reflect the same schedule as the other items. Based on your submittal , we find that you have shown good cause for the delays, the delays requested are reasonable, and you have made a good faith effort to comply with the schedule contained in the Commission's Order of August 2, 1985. Further, you have taken reasonable steps where possible to complete these requirements in an orderly fashion. Therefore, in accordance with the terms of the August 2, 1985 Commission Order, we conclude that there is adequate justification for modification of the Commission's Order and hereby grant the requested delays. Mr. R. 0. Williams, Jr. - 2 - NOV 18 1986 For your convenience we are enclosing an updated table of the schedule contained in the Commission's Order. The projected date for the 4th refueling has been revised to reflect the plant's current status. Sincerely, ar\ F ank J. Miraglia, Director Division of PWR Licensing-B Office of Nuclear Reactor Regulation Enclosure: As stated cc w/enclosure: See next page Mr. R. 0. Williams Public Service Company of Colorado Fort St. Vrain cc: Mr. D. W. Warembourg, Manager Albert J. Hazle, Director Nuclear Engineering Division Radiation Control Division Public Service Company Department of Health of Colorado 4210 East 11th Avenue P. 0. Box 840 Denver, Colorado 8022C Denver, Colorado 80201 Mr. David Alberstein, 14/159A Mr. J. W. Gahm, Manager GA Technologies, Inc. Nuclear Production Division Post Office Box 85608 Public Service Company of Colorado San Diego, California 92138 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Mr. H. L. Brey, Manager Nuclear Licensing and Fuel Division Mr. L. W. Singleton, Manager Public Service Company of Colorado Quality Assurance Division P. 0. Box 840 Public Service Company of Colorado Denver, Colorado 80201 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Senior Resident Inspector U.S. Nuclear Regulatory Commission Mr. R. F. Walker P. 0.Box 840 Public Service Company of Colorado Platteville, Colorado 80651 Post Office Box 840 Denver, Colorado 92138 Kelley, Stansfield & O'Donnell Public Service Company Building Commitment Control Program Room 900 Coordinator 550 15th Street Public Service Company of Colorado Denver, Colorado 80202 2420 W. 26th Ave. Suite 100-D Denver, Colorado 80211 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Chairman, Board of County Commissioners of Weld County, Colorado Greeley, Colorado 80631 Regional Representative Radiation Programs Environmental Protection Agency 1 Denver Place 999 18th Street, Suite 1300 Denver, Colorado 80202-2413 V N a)'~ L O 3 en 0._O~ O co� %. LC) Q) .�to -. M CO CO U rn CO i C C W i--- --. 0) --. CO C) I Li O. S.c r C N. 0 a - r E N .-4 _ \ N a) V a N y 3 4_5 cc a) 3 y y CJ N as /n a) N 0) a) O s- - w n L E r w J E .C E E E E 0 Y N O Y Q U t 2 0 f U U U 0 W .U-.0 N .G J to as d to . M c•) •"• .-. N N N. 0, n O C7 Li cc 0 N 4.5 a asC a Cr--. r c E N. V C a) Y O N O r t . c S CO Y -o 4.a O-0Y UT0 N L Y a) td d' C w N 0 Z in o n0 N Y z 0 E - W - •.- Y Y Y O C N n C V) r F N , L a a) a) L Z CI) O Y . LaiJa C )d C O O E .C a r C d tN J0O C C•)O G L a Y d 0 a.a y 4 V d O.4- .C Y.- .G E C W C G Y C n L o_ O Y 0- .- y N Q C C T E �C E Y #NT r L Z O y,0 L .O )d 5- C) 4 O Y 3 O a) Y ' 2ia Ca E C O it C L C C W V- C 0 0 E-0w 4O) E O C N I- K N C N 5- 3 3 O C N C -• L 2 N .-O O. N u N L...-r- a) . , W —-caw Y a) )d E fa )II a c 3 ,O T n� C V Y- +a r1 V3- T- Y • YT C11 4.-1 5- N .6 nU N a) E L r a) rgE CL U •E cc--U.C r N > v-- O) -O r- d O .AZ .OZ H j'G OL E 7 U Cr) N N to N - CO CO CO W as d al .0 Oa W .r .-. N C4 PI M '� N L r IL N 0 C E T J " 4' ra a) ) c a) ci CU N Q a E 01 L N L In - 0 t • tai Y 0 o cc 1a) Y w L a-..--• a) O� 0) a).-- OK Li Y N L C r- SiY r T U H Ea cu o Ou. v .-, C v) O 0 r m 1- Lv Uu ?)Y y O co L R) In - to n. E vI a) a) a) O U C ♦-a r T ' ( - Cr tE to co 3 b� C C a) C) ac y to a a K s- 7 V • ., N CO # 1 N W 4- 4 0 7 en N Z O 0 LII 03 1.1 C R W 1— •-• 01 p)ic W m V-Cr) O CO 00 W O CO W A J Q C Cr) O) Q) N f In en r ea A 16 a en a V C' 7 6)Q eD ca- cos Li) C) N N.-' N.-+ s. C) d a.-1 ~ r.-- W W O - d 4— A r M W.J L E CO N7 Ca O A O A O q - 20 O .41- U� UQ U� W w e•^ Al S .�0 • ia J N ea .0 tf e7 0 0 10 '�r N. S.. A N. C 0 O I ' • 0 CD eV I co W 4)rn a e0 v — 2 x r L O ea C) ~' y a n u-.- E d la- p A H r 7 N 2 tON s. V -al.,- to y w 0 as W M V 0) C 0) L Cu C 0 N k d W U m 0) ea N aJ C C O t i... 455)L L r0 o CI) N C a u n L a a+ U .r C to 7r•- 2 0 N4 O 7 L 7 O U • C) A y ey C a) U) 5 L O +) N w O r o 64' C 0 N 4-)e.) 4 C w fa ea Co C O 0 .0 a 1-4)2 E d Y r C YE- C C) C ea 0, i Y r U c .O O 4' A .C L 4) N C: V N ti ) a 4) ti i O W 7 cn cn U T LU eo .O ea .0 Os N a ct )n Ic) )n E Y a a _ aw J r0 44 N S- 4 •.4 Y RS L S. U Y ea i•) C) ea b Z G Ls- 7 0 r. S.. O N O w U 0 c aaW C) 0 ♦-) eo w C � A a CU I--� �`y N U ea N E i d X 05 O 0 LL) 7 U .- d-) C ea U CU Q C C C b o C) O 7 T- S.111 o 5 r 4- 0 d 4) aa a P- 0 E 5-4).--. A 7 O <` '7 S,SINS No. : 6835 � UNITED STATES ? s ^ NUCLEAR REGULATORY COMMISSION P OFFICEINSPECTION N.A. AND ENF0RCEME ' N ov2 5 'WASHINGTON, g86. November 10, 1986 IE INFORMATION NOTICE NO. 86-95: LEAK TESTING IODINE-125 SEALED SOURCES IN LIXI, INC. IMAGING DEVICES AND BONE MINERAL ANALYZERS Addressees: All NRC licensees authorized to use Lixi , Inc. imaging devices or any other bone mineral analyzer with a sealed source containing iodine-125. Purpose: This notice is to alert licensees of a recent incident where the normal means of testing the sealed source in such devices for leakage was ineffective and to suggest alternate means of leak testing. It is suggested that licensees review this information for applicability to their facilities and consider actions, if appropriate, to preclude similar problems at their facilities. However, suggestions contained in this information notice do not constitute NRC requirements; therefore, no specific action or written response is required. Description of Circumstances: Lixi , Inc. imaging devices include a sealed source containing 220 to 450 milli- curies of iodine-125 and function much like an X-ray fluoroscope. The source has to be tested every 6 months to determine if there is any leakage of iodine-125. Licensees who keep sources longer than 6 months are required by license to perform this test and send the test samples out for analysis. This test is now performed by using an alcohol-moistened Q-tip and a dry Q-tip to wipe certain portions of the source holder as specified in the instructions. The purpose of the test is to determine if any particulate iodine-125 is on the sample Q-tips, which would indicate the source was breached and would have to be replaced to avoid a contamination problem. However, a recent incident at the Lixi , Inc. facility showed that the alcohol and dry wipes are not an adequate means of detecting a leaking source. During the investigation of the incident, it was found that two sources that had been returned for exchange were leaking. Alcohol and dry wipes did not reveal any removable iodine-125 on the various surfaces because the escaping iodine-125 came out in gaseous form rather than as particulate matter. As a result, about 15 people inhaled small amounts of iodine-125 which deposited in their thyroids. 8611050329 3 Mxr IN 86-95 November 10, 1986 Page 2 of 2 The iodine-125 was apparently adsorbed on carbon containing material such as cardboard, rubber bands, styrofoam, and charcoal that was near the escaping gas. A survey of these materials revealed elevated radiation levels. Through these direct surveys and a series of air samples using filter media containing charcoal , the ruptured sources were located and the airborne contamination problem was resolved. Discussion: Licensees who perform leak tests on their Lixi , Inc. imaging devices should be aware that the current practice of using alcohol and dry wipes is not an adequate means of detecting a leaking iodine-125 sealed source. Lixi , Inc. will be sending a revised leak testing procedure to its customers in the near future. In the meantime, licensees who are returning source heads for exchange should include charcoal in the form of granules or a solid piece in the package with the source head. When Lixi , Inc. receives such packages, it will survey the charcoal for an indication of leakage. A sodium-iodide crystal (thin window) detector (or one of similar sensitivity) is required to detect the low levels of radioactivity that would be encountered in such surveys. During the incident investigation, granulated charcoal was placed on a Q-tip that was then held for several minutes at the window in the source head to verify leakage. The gaseous iodine-125 that adsorbed onto the charcoal was easily identified with a crystal detector. Until the revised procedure arrives from Lixi , Inc. , it is suggested that licensees use the above method for identifying a leaking source. The granulated charcoal Q-tip may be placed in the plastic envelope that is included in Lixi' s leak test kit and forwarded to a consultant with adequate instrumentation for analysis. If you have any questions regarding this matter, please contact the Regional Administrator of the appropriate NRC Regional Office or this office. Jame G. Partlow, Director Division of Inspection Programs Office of Inspection and Enforcement Technical Contact: J. Metzger, IE (301) 492-4947 Attachment: List of Recently Issued IE Information Notices Attachment 1 IN 86-95 November 10, 1986 LIST OF RECENTLY ISSUED IE INFORMATION NOTICES Information Date of Notice No. Subject Issue Issued to 86-94 Hilti Contrete Expansion 11/6/86 All power reactor Anchor Bolts facilities holding an OL or CP 86-93 IEB 85-03 Evaluation Of 11/3/86 All power reactor Motor-Operators Identifies facilities holding Improper Torque Switch an OL or CP Settings 86-82 Failures Of Scram Discharge 11/4/86 All power reactor Rev. 1 Volume Vent And Drain Valves facilities holding an OL or CP 86-92 Pressurizer Safety Valve 11/4/86 All PWR facilities Reliability holding an OL or CP 86-91 Limiting Access 11/3/86 All power reactor Authorizations facilities holding an OL or CP-; fuel fabrication and processing facilities 86-90 Requests To Dispose Of Very 11/3/86 All power reactor Low-Level Radioactive Waste facilities holding Pursuant to 10 CFR 20.302 an OL or CP 86-89 Uncontrolled Rod Withdrawal 10/16/86 All BWR facilities Because Of A Single Failure holding an OL or CP 86-05 Main Steam Safety Valve Test 10/16/86 All power reactor Sup. 1 Failures And Ring Setting facilities holding Adjustments an OL or CP 86-25 Traceability And Material 10/15/86 All power reactor Sup. 1 Control of Material And facilities holding Equipment, Particularly an OL or CP Fasteners OL = Operating License CP = Construction Permit UNITED STATES MAST CUSS r NUCLEAR REGULATORY COMMISSION ►o.*.a►wetPAW WASHINGTON, D.C. 20666 WADI.D.C. PUtIAIT ft-SC OFFICIAL BUSINESS PENALTY FOR PRIVATE USE X900 22043200431 1 1C31CY1F5 OCUUTYJOF WELD C: OF COUNTY CON'�iSS:0` ERS C�iAiRNv�JV PC 33X 758 GREELEY CO 80452 eAn01z SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING November 18, 1986 A regular meeting of the Weld County Planning Commission was held on November 18, 1986, in the County Commissioner's Hearing Room, Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Jack Holman, at 1:40 p.m. Tape - 256 - Side 1 ROLL CALL Lydia Dunbar Present Doug Graff Absent Ivan Gosnell Present LeAnn Reid Present Louis Rademacher Present Lynn Brown Absent - Called in Paulette Weaver Present Ann Garrison Present Jack Holmnan Present Also present: Debbie deBeache, Current Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary. A quorum was present. The summary of the last regular meeting of the Weld County Planning Commission held on November 4, 1986, was approved as distributed. CASE NUMBER: USR-763:86:44 (Continued from 11/4/86) APPLICANT: Weld County REQUEST: Use by Special Review Permit for a major facility of a public utility (370' high radio transmission tower). LEGAL DESCRIPTION: Part of the SW} SW} of Section 26, T9N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 1 mile east of the Town of Nunn, north of Weld County Road 100, and east of Weld County Road 33. APPEARANCE: Bob Rhinesmith, Department of Communications, stated this communication tower is an integral part of the County's communication plan. The new tower has been completed on the southern end of the County and this tower will replace the old tower in the northern section of the County. The old tower will be torn down upon completion of this tower. They still have to go apply to the federal agencies for approval of this request after the County has given their approval. The new tower will be on a six acre site and will be fenced only in the immediate area around the tower and guy-wires. 6'd m- Summary of the Weld County Planning Commission Meeting November 18, 1986 Page 2 The Chairman asked Mr. Rhinesmith if he had reviewed the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff. He stated he had and has no objection to anything stated. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked that reading of the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff be dispensed with and that they be filed with the summary as a permanent record of these proceedings. Lee Morrison reminded the Planning Commission that this is considered a major facility of a public utility. Therefore, the Planning Commission's action is final unless their decision is for denial, in which case the applicant may request a hearing with the Board of County Commissioners. MOTION: Lydia Dunbar moved Case Number USR-763:86:44 for Weld County for a Use by Special Review permit for a major facility of a public utility (370 foot high radio transmission tower) be approved by the Planning Commission based upon the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded by Louis Rademacher. 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. Ivan Gosnell - yes; Lydia Dunbar - yes; LeAnn Reid - yes; Louis Rademacher - yes; Paulette Weaver - yes; Ann Garrison - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: USR-765:86:46 APPLICANT: Susan M. Riegel REQUEST: Use by Special Review Permit for a dog kennel. LEGAL DESCRIPTION: Part of the NE} of Section 5, TIN, R68W of the 6th P.M., Weld County, Colorado. LOCATION: Old Highway 52; north of Carmacar Ranchettes Subdivision. Summary of the Weld County Planning Commission Meeting November 18, 1986 Page 3 APPEARANCE: Susan Riegel, property owner and applicant, reported she is asking for a Use by Special Review permit so she can have more than four dogs on her property. She currently has eight dogs,. but is asking for a total of twelve in this permit. This will not be a boarding kennel and she does not raise any puppies. The dogs she has are primarily for show. This is a four acre site which is fenced on three sides. The dogs are in the backyard within a five foot privacy fence. Tape 256 - Side 2 The dogs are not allowed out at night. They are in the house with her at night and if she is gone for a day or so the dogs are boarded out. The reasons she is asking for twelve dogs is because she works with rescued and mistreated dogs and wants a place for these dogs to stay until homes can be found for them. She has reviewed the recommendations, conditions, and development standards as written by the Department of Planning Services staff. She does not agree with development standard #8---all kennel operations will cease upon her residing on this property, but she is willing to abide by it. The Chairman called for discussion from the members of the audience. Larry Bierle, surrounding property owner, stated he is concerned about barking, which is not continual, but they do sometimes bark. He also presented a letter from Floyd Price, another surrounding property owner who is unable to be here today, and he is also opposed to this request. Lee Morrison stated today's letter is a different letter from the one the Planning Commission members have in their packets, but it is very similar to the first letter. The Chairman asked Debbie deBesche to read the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff into the record. Debbie deBesche reported she had received a phone call from Mr. Anderson, a surrounding property owner, who is not opposed to this request if the kennel is not transferable. Henry Giesert, adjacent property owner on the north, stated he does not have any problem with the dogs as long as the development standards are complied with. Summary of the Weld County Planning Commission Meeting November 18, 1986 Page 4 MOTION: Ann Garrison moved Case Number USR-765:86:46 for Susan M. Riegel for a Use by Special Review permit for a dog kennel be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and development standards ae outlined by the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded by LuAnn 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. Ivan Gosnell - yes; Lydia Dunbar - yea; LuAnn Reid - yes; Louis Rademacher - yes; Paulette Weaver - yes; Ann Garrison - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: USR-740:86:23 APPLICANT: Weld County Disposal Inc./Howard Duckworth REQUEST: Use by Special Review permit for a septage reclamation facility and Certificate of Designation. LEGAL DESCRIPTION: Part of the SW} NWI of Section 12, TIN, R66W of the 6th P.M. , Weld County. Colorado. LOCATION: Approximately 2 miles southeast of Fort Lupton, west of Weld County Road 37, and south of Highway 52. Howard Duckworth, property owner and applicant, reported he is the owner of Colorado Disposal Systems. The purpose of the septage reclamation system is to safely dispose of septic waste. The counties of Larimer, Adams, Weld and Boulder need a place to safely dump these wastes. Currently, waste is just being dumped on farmlands and allowed to leach into underground water tables. They will receive septage from licensed haulers. All loads will be checked by their operators and routine laboratory tests will be made to be certain no unauthorized materials are being dumped. He explained the difference between septic system and sewer system waste materials. He explained the system for treatment of the septage wastes. It will take approximately two years before anything will be able to be sold as fertilizer. All ponds will have a four foot clay liner. There will be eight test well sights and these will be sampled quarterly. This is a badly needed facility, and it is the most environmentally safe type of septage disposal system there is. Tape 257 - Side 1 • Summary of the Weld County Planning Commission Meeting November 18, 1986 Page 5 Wes Potter, Weld County 'Health Department, reported State regulations require quarterly testing and they will do random testing more often than that. It is their feeling this is over designed and the Planning staff has tried to evaluate and address every possible problem. Because of a new State law, as of January 1, 1987, septage will no longer be allowed to be dumped in fields, but must be dumped into an approved treatment site. A licensed operator can have his license revoked by dumping in other than an approved site or for dumping unapproved substances into an approved site. Lee Morrison explained there is a five percent surcharge on each load dumped at a disposal site. This fee is used to mitigate improvements around the site. The Chairman asked Debbie debesche to read the recommendations, conditions and development standards into the record. Tape 257 - Side 2 AMENDMENT: Lydia Dunbar moved Development Standard Number 6. have an item #4 added to read as follows: All trees at the time of planting shall have a minimum one (1) inch caliper. and Development Standard Number 12 be amended to read: The Use by Special Review facility shall only accept sludge from licensed sanitation operators. and that all numbers following be renumbered in sequence. • Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. Summary of the Weld County Planning Commission Meeting November 18, 1986 Page 6 The Chairman asked Mr. Duckworth if he had any objections to the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff and amended by the Planning Commission. Re stated he had a problem with Condition 2. B. He does not - have a problem with planting the trees; however this calculates to approximately 520 trees and unless trees are planted according to their season they will not grow. Debbie deBesche stated the staff wished to amend Condition Number 2. B. to allow the applicant until May 15, 1986 to plant the trees. AMENDMENT: Paulette Weaver moved Conditions 2. B. be amended to read as follows: The applicant and/or operator has planted the following landscaping and shelter belt by May 15, 1986. Motion seconded by Louis Rademacher. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. Mr. Duckworth asked the Planning Commission if they would approve a chain link fence around the septage treatment facilities only and not around the entire Use by Special Use site. AMENDMENT: Paulette Weaver moved Condition 2. G. be amended to read as follows: A six (6) foot chain link fence with a three (3) strand barbed wire top shall enclose the entire Use by Special Review area. The fence shall be installed at such time the construction of the facility is completed. Motion seconded by Louis Rademacher. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. Summary of the Weld County Planning Commission Meeting November 18, 1986 Page 7 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ivan Gosnell - yes; Lydia Dunbar - yes; LeAnn Reid - yes; Louis Rademacher - yes; Paulette Weaver - yes; Ann Garrison - yes; Jack Holman - yes. Motion carried unanimously. The Chairman called for discussion from the audience. He announced that anyone who wished to speak may do so. Any new evidence will be welcome, but he asked that testimony not be repetitive. Carl Ruth, real estate and general contracting, is against this request. He felt an impact statement should be submitted, and septage disposal site will devaluate land and property. Don Cummings, Mayor, Fort Lupton, reported the Fort Lupton Planning Commission met on May 13, 1986, and recommended denial of this request. This is not in Port Lupton, but it is in their comprehensive plan area. The Town of Fort Lupton is also asking that this request be denied. They do not want to be the dumping ground for several counties. Also, the new airport may be in this area and the dump would have to be removed. David Peters, represented home owners in the area. Be presented ten letters from people who could not be at the meeting and a petition with over 500 signatures opposed to this request. The letters and petition were retained by the staff as evidence. Timothy Troestle, adjacent property owner, is against this request because of declining land prices, odor, increased traffic, and possible health risks. Richard Sander, Warren Farms, Inc. , reported Goldman and Barber Turkey farm is one of the Warren Farms and is within five hundred feet of the applicant's property. He felt the septage disposal would have an adverse affect on the turkey farm because of rodents, raccoons, and birds which can carry bacteria contamination to the turkeys. Tape 258 - Side 1 Jane Conrad, Mayor, Lochbuie, reported the town is against this proposal because of odor, heavy truck traffic further destruction of the roads, increased traffic past AIMS College, and noise. Southwest Weld County will be developed residentially in the future and we should all make sure the wells in the area and the aquifer are not ruined by seepage. Bob Klein, Evans, stated nothing has been said about wastes from grease traps, and restaurants with seating capacity of over one hundred. These wastes will still not be allowed to be dumped into an approved septage treatment facility. Summary of the Weld County Planning Commission Meeting November 18, 1986 Page 8 Kelly Klein, Hill-N-Park, stated that in a letter they had received on this proposal they had understood the facility would be open twenty-four hours a day 365 days a year. This is what sanitation operators need as septage cannot be kept on the trucks overnight. They agree that maybe the Fort Lupton site is not the best site available, but as of January 1, 1986, no more septage can be dumped on farmland and this is definitely needed or they need to go back to the State Health Department and have the law changed. Mary Ann Bauer, surrounding property owner, spoke against this proposal. Henry Bierley, owner, A-1 Septic Service, spoke of the need for such a facility. Garry Kennedy, surrounding property owner, now works for Weld County Disposal System and he is neither for nor against this proposal, but he does not feel the impact of a septage disposal system is as great as a brine water disposal site. Mr. Eberly, Goldman and Barber Turkey Farm, explained how coliforms cause diseases in turkeys. Mr. Duckworth reportea that he purchased Weld County Disposal facility in 1983. At that time it was in violation and the Health Department was in the process of closing it down. These problems have all been taken care of and he will run the septage disposal as conscientiously as he has run the brine water disposal site. Debbie deBesche stated she had received sixteen letters and a petition objecting to this proposal. The letters and petition were circulated among the Planning Commission members. AMENDMENT: Paulette Weaver moved a new condition #5 be added to read as follows: Prior to the Board of County Commissioner's hearing the State Highway Department shall review the application. Motion seconded by Ann Garrison. The Chairman called for discussion from the members of the Planning Commission. The Planning Commission discussed the possible need for a turn lane at this site. The Chairman asked the members of the Planning Commission for their decision, Motion carried unanimously. Summary of the Weld County Planning Commission Meeting November 18, 1986 Page 9 Carla Farenburch, area resident, spoke iu opposition to this request and asked that a traffic study be done. Wes Potter reported their microbiologist has reviewed this request and he sees no reason for alarm. The pathogens in septage decompose rapidly from sunlight and oxygen. The ponds will be oxygenated, but they will look further into the concerns presented today. There is methane gas, but nowhere near concentrations that would be either harmful for flammable. methane gas is odorless and colorless. Mary Martin, surrounding property owner spoke against this request. Juliette Kroekel, Editor, Brighton Standard, asked that she be notified prior to the hearing by the Board of County Commissioners and she will be glad to publish notice of the hearing in the paper. Richard Kline, Weld County Landfill, reported he has never seen birds bother open ponds. MOTION: Paulette Weaver Case Number USR-740:86:23 for Weld County Disposal, Inc., for a Use by Special Review permit for a septage reclamation facility be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for denial. She realizes there is a need for this kind of a facility, and it seems to be reasonably well designed, but the location is very inappropriate and it would be better if this would go into a municipal septic/sewage system. Motion seconded by Ann Garrison. Lee Morrison pointed out that since the staff's recommendation is for approval, the Planning Commission needs to make of record whatever it is in support of the motion. Paulette Weaver amended her motion to include that based upon the criteria we have for the Comprehensive Plan, she feels this is not consistent with present and future use of the area and it is not adequate to provide for the health and safety of the inhabitants of the neighborhood. Ann Garrison was in agreement with the amendment. 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. Ivan Cosnell - Yes, after much consideration he will support this motion because he feels there was not enough study done on the traffic impact of the community. Lydia Dunbar - Yes; for reasons given for making the motion by Paulette Weaver and from the testimony given Summary of the Weld County Planning Commission Meeting November 18, 1986 Page 10 by members of the audience. LuAnn Reid - Yes, because water is a precious commodity and no more land can be made. Therefore, she is opposed to this because she feels a better site could have been chosen either in this County or another county. Louis Rademacher - Yes, he feels this proposal probably does comply with the Comprehensive Plan and it may be a safe system, but when there are this many homeowers in an area who are against this it would be better to find another site for it. Paulette Weaver - Yes, for the reasons stated earlier. Ann Garrison - Yes, she feels a different location would have a lower negative impact on our society. Specifically in the area of health and well being of the residents of the area, and in general the southeast part of Weld County. She also feels that if we asked Fort Lupton for their recommendation, their recommendation ought to carry some weight in making our decision making process. If their recommendation isn't going to carry any weight, then we shouldn't go to the time and trouble of asking for their recommendation. Jack Holman - Yes, he also feels that the location is probably the big drawback because it is in an area where there are quite a few residence. Motion carried unanimously. Tape 258 - Side 2 Meeting was adjourned at 5:10 p.m. Respectfully submitted, O\OOc\\ Bobbie Good Secretary STATE OF COLORADO Department of Local Affairs h/ofcot DIVISION OF LOCAL GOVERNMENT F cot Pat Ratliff,Director „r,b• Richard D.Lamm - Governor C; ti November 19, 1986 N0V 21 1986 Mrs. Dorothy M. Allen, Chief Deputy Office of the Weld County Assessor 915 10th Street Greeley, CO 80631 Dear Mrs. Allen: In reference to your request to the Division of Local Government for Direction to extend the levy of the prior year for the Town of Keota we hereby direct you, pursuant to CRS 39-1-111(3) , to extend a levy of 9.137 mills for the Town of Keota. Ver tr y yo s, Ratliff Director cc: Weld County Board of County Commissioners v/ Don Sandoval , DLA Field Representative 1313 Sherman Street, Room 520, Denver, Colorado 80203 (303) 866-2156 (�`{ ry\Ee4.onq I(-2l-gE 1 Imimmemir STATE OF COLORADO DEPARTMENT OF HIGHWAYS 7 4201 East Arkansas Ave .,,� .+"`CieDenver, Colorado 80222 ii,r, •y�.. �n,, ttatS (30 �3)757-9011 /, � r, ran �- ;+ -� NQ � , � �8 FOR MORE INFORMATION: 757-9228 #86-48 519$5 Highway News c�,_ November 20, 1986 '- d' DOLAN DESIGNATES STATE ROUTES FOR TRANSPORTING NUCLEAR MATERIALS At noon on Wednesday, November 19, Colorado Highway Department executive director Joseph Dolan announced his decision regarding routes on the state highway system which can be used for the transportation of nuclear materials. The designation followed his review of testimony presented in hearings conducted October 31 in Denver and November 3 in Grand Junction, as well as written material accepted during a final comment period which ended November 19. The rules ALLOW transportation of nuclear materials on 1-25, I-76 east and I-70 of Denver. The rules BAN the use of I-70 west of exit 261 near Golden, and I-70 between 1-25 at Denver's "Mousetrap" and the Colorado Blvd. exit. (This keeps nuclear loads off the elevated portion of 1-70 in Denver). "Federal law provides that the entire interstate system is open to the transportation of nuclear material unless the State designates routes," Dolan explained. "State Law (Senate Bill 19) requires me to designate routes on State highways. So this is really an exercise in damage control and we have been able to keep them off I-70 west of Denver and off elevated 1-70 in Denver and to prevent them from using the 'Mousetrap' except for North/South through shipments. This is at best a short term solution to a long term problem; the long term solution is for Congress to give us money when they give us responsibility. The so called 'new federalism' does not work when we have a problem of federal origin dumped into the state's lap. In those cases, sound public policy dictates a three part solution of responsibility, authority and ability to effectively deal with the problem; this must come from the Federal government. That clearly has not as yet happened." Traversing Denver, carriers of nuclear materials may travel northbound and southbound through the 1-25, 1-70 junction but carriers heading east or west must use I-225, 1-270 and I-76 to bypass the "Mousetrap," Colorado's busiest intersection in terms of traffic volume. The rules also designate portions of S.H. 93, S.H. 128 and U.S. 36 (the Denver-Boulder "Turnpike") for use between the Rocky Flats Plant south of Boulder and Interstate 25 access north of Denver. Procedurally, the rules have been submitted to the state Attorney General's office for a legal opinion expected by November 28. Following clearance, the rules then will be sent to the Secretary of State, to be published December 10 in the Colorado Register with an effective date of December 30. OOO (over) deco uwa�a bd Mee}°nc 11-z(0-811 Highway News November 20, 1986 Page 2. I 70-2(135) I-70 EAST OF GLENWOOD SPRINGS The Department's Division of Highways engineers' accepted three bids at the November 20 opening for a new roadway construction project. Work is located on Interstate 70, beginning about four miles east of Glenwood Springs and extending 1.6 miles easterly. Kiewit Western Co. of Littleton submitted an apparently successful bid of $11,965,638 which consists of grading, drainage, three bridges, retaining walls, hot bituminous pavement, signing, striping and landscaping. Rich Orton, resident engineer in Glenwood Springs, will coordinate the project. All construction items, except landscaping is to be completed by November 15, 1988. Landscaping is scheduled for completion by July 1, 1989. 000 IEFU 121-1(29) U.S. 285 AT WADSWORTH BLVD. IN FCU 121-1(30) JEFFERSON COUNTY This bid was to be held on November 20, at 10:00 a.m. , but is deferred to December 4 at 9:00 a.m. Interchange modification on Wadsworth Blvd. at U.S. 285 (Hampden Ave.), consisting of grading, hot bituminous pavement, signing, striping, lighting, signalization, guardrail, curb and gutter, also consisting of a storm sewer and retaining wall and sidewalk, in Jefferson county. BIDS TO BE OPENED ADD: December 4, 10:45 a.m. , Signalization, located at 66th Ave. and Oberon St. in the city of Arvada, in Jefferson county (HES 006(17). NEW: December 11, 9:30 a.m. , Roadway Realignment which includes grading, aggregate base course, drainage, seeding, mulching and water line relocation, located on U.S. 160, beginning about eight miles north of Pagosa Springs and extending 0.8 miles north, in Archuleta county, FC 160-2(44). 9:45 a.m. . Bridge replacement which includes grading, stabilization, bridge, hot bituminous pavement, guardrail, seeding, mulching, topsoil, and striping, located on S.H. 72 over the Boulder Diversion Canal (about 0.5 mile east of the intersection with S.H. 93, in Jefferson county. CERTIFIED, PREQUALIFIED MINORITY BIDDERS ONLY. BRS 0072(14) . December 18, 9:30 a.m. , Interchange improvements at I-25 and 6th Ave. in Denver, ramps E and H, which includes grading, hot bituminous pavement, drainage, bridges, retaining wall, signing, striping, lighting, landscaping and guardrail, IR 25-2(190). CONTRACT AWARDED Road/ Bid Contract Project Street Description Awarded to 2kgligig, Awarded CEBRF 17-0050-13 U.S. 50 East of Bridge replace- Carder, Inc. 10/30/86 11/7/86 FC 050-5(28) Lamar. ment and minor $304,218 widening. Award goals DBE 3% WBE 7% Coimntted DBE 18.03% WBE 7.81% F cozo tn IOF3 . , ,., *,876/ Roy Romer B.J Tho'^oerr'1 State Treasurer €vtate of(Colombo D•o,,,,, DEPARTMENT OF THE TREASURY 140 STATE CAPITOL DENVER,COLORADO 80203 (303)8862441 November 20, 1986 Board of County Commissioners All counties RE: Percentage breakdown of mineral leasing funds to school districts in accordance with 34-63-102 C.R.S. Dear Commissioners: In accordance with 34-63-102 C.R.S. the office of the State Treasury Department requests a notification from your county as to the percentage breakdown of mineral leasing funds that your county desires to have distributed to the school districts within your county boundries. As stated in 34-63-102 C.R.S. subparagraph (IV) of paragraph (c) , each county shall notify the state treasurer to have at least twenty-five percent of the moneys distributed to any school district within the county as specified by the county commissioners. The percentage that you provide on this certification will be used to calcu- late all future allocations that the Treasury Department uses to send direct payments to the school districts within your county. A revised notification (certification) must be submitted to the Treasury Department by your county in order to change these percentages. This is a formal request for the notification from your county. All notifi- cations must be signed by the county commissioners. Please submit this notification as soon as possible in order to allow the Treasury Department to distribute mineral leasing funds to your county. If you need further information please feel free to contact Kimberly Hickey at 866-3565. Thank you for your assistance. Sincerely, Thomas C. Judd Chief Accountant . / (-2c-84- DEPARTMENT OF PLANNING SERVICES Cases approved by Administrative Review 11/14/86 through 11/21/86 CASE NUMBER NAME RE-952 Lutz RE-953 IntraWest Bank RE-954 Heaney 2PMH-1240 Medford � \ r r- . Chuck Cunliffe, Director r Department of Planning Services " RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOVEMBER 26, 1986 TAPE #86-76 & #86-77 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, November 26, 1986, 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 Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem - Excused Commissioner Gene Brantner Commissioner C.W. Kirby - Excused Commissioner Frank Yamaguchi Also present: Weld County Attorney, Thomas 0. David Acting Clerk to the Board, Tommie Antuna MINUTES: Commissioner Brantner moved to approve the minutes of the Board of County Commissioners meeting of November 24, 1986, as printed. Commissioner Yamaguchi seconded the notion and it carried unanimously. ADDITIONS: Yr. Warden added as Item 06 under New Business - Consider amendment to Health Plan document and authorize Chairman to sign. Chairman Johnson made it of record that Ordinance 77-B, which is listed as Item #4 under New Business, will be considered as the last item of today's business. CONSENT AGENDA: Commissioner Brantner moved to approve the consent agenda as printed. Commissioner Yamaguchi seconded the motion and it carried unanimously. PROCLAMATION: PROCLAIM NOVEMBER 30 THROUGH DECEMBER 6 AS ROME HEALTH CARE WEER: Chairman Johnson read this Proclamation into the record and presented it to Jean Alles and Kay Grounds, who were representing the Home Health Care. DEPARTMENT HEADS AND ELECTED OFFICIALS: Herb Hansen, Assessor, gave his report later in today's meeting. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $ 53,780.81 Social Services 219,199.53 Handwritten warrants: Payroll 317.78 Commissioner Brantner moved to approve the warrants as presented by Mr. Warden. Commissioner Yamaguchi seconded the motion which carried unanimously. BUSINESS: NEW: CONSIDER RENEWAL REQUEST FOR CLUB LIQUOR LICENSE FROM GREELEY ELKS LODGE #809: This item was continued to later in the meeting because there was no representative of the Sheriff's Office present at this time. CONSIDER 1987 DANCE LICENSE FOR GREELEY ELKS LODGE #809: This item was continued until the Board considers Item #1. CONSIDER RESOLUTION RE: TEMPORARY CLOSURE OF WCR 15 BETWEEN STATE HIGHWAY 14 AND WCR 84: Commissioner Brantner moved to approve this Resolution. Commissioner Yamaguchi seconded the motion and it carried unanimously. CONSIDER TITLE II-A 8% INDUSTRY CUSTOMIZED TRAINING GRANT APPLICATION AND AUTHORIZE CHAIRMAN TO SIGN: Scott Ernest, representing Human Resources, presented this matter to the Board. Commissioner Brantner moved to approve this Title II-A 8% Industry Customized Training Grant Application and authorize the Chairman tc sign. The motion was seconded by Commissioner Yamaguchi and carried unanimously. CONSIDER AMENDMENT TO HEALTH PLAN DOCUMENT AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden explained the additions to the Health Plan which will be effective January i, 1987. Commissioner Brantner moved to approve Amendment VIII to the Health Plan document and authorize the Chairman to sign. Seconded by Commissioner Yamaguchi, the motion carried unanimously. CONSIDER RENEWAL REQUEST FOR CLUB LIQUOR LICENSE FROM GREELEY ELKS LODGE #809: Lt. James Hayward, representing the Sheriff's Office, said there have been no problems at this establishment within the past year. Commissioner Brantner moved to approve this renewal request fer a Club Liquor License from the Greeley Elks Lodge #809. Commissioner Yamaguchi seconded the motion which carried unanimously. CONSIDER 1987 DANCE LICENSE FOR GREELEY ELKS LODGE #809: Commissioner Brantner moved to approve the 1987 Dance License for Greeley Elks Lodge #809. Commissioner Yamaguchi seconded the motion and it carried unanimously. Herb Hansen, Assessor, gave his report at this time. Mr. Hansen read a portion of a letter, which he received from Max Arnold and Associates, commending him for his work during his tenure as Assessor. He thanked the Board for the support it has given him. Minutes - November 26, 1986 Page 2 / PLANNING: SE #285 - WEBSTER LAND AND CATTLE COMPANY: Keith Schuett, representing the Planning Department, explained this request for Subdivision Exemption #285 from Webster Land and Cattle Company, and the following request for Recorded Exemption °955. Fe said the Planning staff recommends approval of both items with one condition associated with each of them. Bill Webster and Don Schoenleber, representing the applicant, came forward to answer questions of the Board. Commissioner Brantner moved to approve SE #285 for Webster Land and Cattle Company, subject to one condition. Seconded by Commissioner Yamaguchi, the motion carried unanimously. RE 0955 — WEBSTER LAND AND CATTLE COMPANY: Commissioner Brantner moved to approve RE 0955 for Webster Land and Cattle Company subject to the recommended condition. Commissioner Yamaguchi seconded the motion and it carried unanimously. TAPE CHANGE #86-77 FIRST READING OF ORDINANCE 77-B - IN MATTER OF REPEAL AND RE-ENACTMENT WITH AMENDMENTS TO ORDINANCE #77-A, AMBULANCE SERVICES RULES AND REGULATIONS: Scott Perkins, representing the Health Department, read this Ordinance into the record. Commissioner Brantner moved to approve the first reading of Ordinance 77-B and direct the Clerk to the Board to have published forthwith. The motion was seconded by Commissioner Yamaguchi and carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. The first reading of Ordinance #77-B 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 9:50 A.M. � APPROVED: ATTEST `^(/{� " Ahtlhathrj- BOARD OF COUNTY COMMISSIONERS �/ WELD COUNTY, COLORADO 7.Weld County Clerk and Recorder and Clerk to the Board,-, Ja uel e JohG n, Chairman------)By lFr1�i>>, x' ,ev4.4_14,4„.., EXCUSED spun, County Clerk GGoor �p E. Lacy, Pro-Tem an L Gene a EXCUSED C.W. Kirby iiia Pt-Cadif,rMinutes - November 26, 1986 Page 3 Hello